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HomeMy WebLinkAbout1980/04/17 P&Z MINUTES PLANNING AND ZONING COMMISSION MINUTES April 17 , 1980 1.411 The meeting was called to order at 7 : 30 p .m . in the Council Chambers by Chairman John Pilote . Present were Ralph Nyblad , Don Tolley, Starr Farish, John Hull , Bill Free , Tom Ensley , Mel Lewis and Coun- cilman Ken Hopper . Also attending were Mayor McCluskey and Council- woman Alta Williams . Starr Farish moved to dispense with the reading of the March 20 min- utes and approve them as written . The motion was seconded by Ralph Nyblad and carried unanimously . John Pilote opened the public hearing for a special use permit re- quested by the Caldwell Bus Company to construct on an existing concrete slab a maintenance building for the repair of buses owned by the Company . The expansion is being considered as an addition to the facilities of the Bus Company primarily for school district student transportation . Notification and advertising requirements have been met . Pat Kole , attorney for the applicant , was recognized and stated he would like to answer concerns expressed by some Com- mission members . Kole pointed out that future sale , future expan- sion and alternate use of the property are all controlled by the special use permit and would require appearance before the Commission before any changes could be made . lie added that the building would be attractively landscaped and will screen repair operations from view. No testimony was heard against granting the special use per- mit . The public hearing was closed . After a discussion , Starr Farish 0'1 moved that in view of the testimony presented at the last meeting and at the hearing and since there were no objections , the special use permit be granted for construction of the shop building for mainten- ance of school buses . Ralph Nyblad seconded the motion . Bill Free suggested the motion should probably be changed to say "company" buses rather than "school" buses . Farish agreed and Nyblad concurred to amend the motion as stated . Motion carried unanimously . The public hearing was then opened on a request from Caxton Printers for a variance from parking requirements . Mr . Lewis explained Cax- ton ' s is planning to get a building permit to increase the size of the building to cover the back of the property . The variance is to reduce the requirement of 30-35 off-street parking spaces to 25 . Some parking spaces are being used in what is the 3rd Avenue right- of-way. James Gipson , 187 E . Beacon Light Road , architect for the project , said the number of spaces was actually being increased from 18 to 25 , which was still not enough to meet the technical re- quirements . Since some of the employees park in the 3rd Avenue right-of-way and most customers use the on-street parking , Mr . Gip- son felt there was sufficient parking to accommodate the business . No further testimony was offered and Pilote closed the public hearing . During subsequent discussion , the Commission found that all available space on the property owned by Caxton ' s is being used and the request for the variance would not be in conflict with the public interest . It was pointed out that granting the variance would be conditionally 1 upon an agreement with the City Council to continue to use the 3rd -10- .-2 Avenue right-of-way . John Hull moved the variance be granted subject to the stipulation that arrangements be made to use 3rd Avenue for l4 spaces . The motion was seconded by Tom Ensley and carried unani- mously . -1- -2- Dr . Arthur Dole appeared before the Commission to request a variance from parking requirements to be allowed to locate h parking spaces in the setback area of the professional office at 1920 Ellis Avenue . The parking would be in the setback area on Hazel Street . Mr . Lewis read a letter from Dr . Dole explaining his request was to provide the number of spaces which would be required by the addition of more floor space to his office . Also read was a letter from Police Chief Astleford stating that backing out into the street from the parking spaces would not create any hazard because of the relatively limited traffic in the area . A pattern for this type of parking has already been established for businesses in the neighborhood . Six spaces are pro- vided on Ellis Avenue . Dr . Dole indicated he has consulted with Dr . Blaisdell , who has no objection to the proposed location of the park- 80-4-3 ing . After a discussion , Don Tolley and Ralph Nyblad moved and seconded to establish a public hearing at the next meeting for con- sideration of this request for a variance . Motion carried unanimously . Discussed next was the request for a special use permit to construct a planned unit development or multi-family housing on Ray Avenue south of Logan Street submitted by Bob Bushnell . John Pilote turned the Chair over to Don Tolley for this discussion . Representing Bob Bush- nell was Paul Kaye . The zone is R-1 Residential for the land which is a vacant parcel west of the Dixie Drain between the two houses south of Logan and the remainder of the residences on Ray beyond Elm Street . The Commission had several questions regarding the pro- posed development which Mr . Kaye was unable to answer , such as the total number of units , the number of bedrooms in the units and whether the units would remain under one ownership . It was decided to table the issue until Mr . Bushnell could get together with Mr . Lewis and provide more information on the use of the land . John Pilote resumed the Chair for a request from the First Southern Baptist Church to use a commercial coach for temporary classroom purposes on church property at Marshall and Linden . Pastor Demster informed the Commission this would be for approximately one year until an addition can be built onto the church . No sewer or water will be hooked up in the coach because of the proximity of the main building . Approximately 20 children will be in classes in the coach . 3o-4-4 Following a discussion , John Hull moved to recommend to the City Council that they instruct the Building Office to issue a permit for the period of one year for the installation of a commercial or executive coach for temporary classroom space . The motion was seconded by Starr Farish and , after a vote , carried unanimously . Bob Wilson appeared before the Commission to discuss construction of a 6-foot high wooden fence to enclose the side yard of his property at 1805 Blaine . The property is on the corner and is separated from the alley by another property . A garage is situated in what would be the rear yard , leaving about four feet of rear yard . Mr . Wilson passed out a drawing showing the location of the fence which would be a foot inside the right-of-way for 13th Avenue ( 2 feet from the sidewalk ) and which angles to about 8 feet into the front yard from the corner of the house . Wilson said he was unaware a building per- mit was required and has purchased the materials and dug the holes for the posts . They desire the fence to be 6 feet high for privacy on the corner lot of a busy street and to keep their children in . According to Mrs . Wilson , she had contacted City Hall last summer 1 -3- • ^ and was informed a 6-foot fence was permitted for a rear yard as long as it didn 't extend in front of the house . This would not apply to a side yard on a corner lot ( previous interpretations hold that the 3-foot solid or 4-foot vision fence criterion would apply to either a front or side yard on a corner lot ) but she said she was under the impression that their fence as planned would be permitted. After a discussion , the Commission agreed to set a public hearing for a vari- ance based on the following : 1 . There is essentially no rear yard on the property ; 2 . The garage would already block the view from the adjacent neighbor on 18th ; 3 . Blaine is a high traffic street 80-4-5 and , therefore , some privacy would be desirable . Don Tolley moved to establish a public hearing date for the next regularly scheduled meeting and Ralph Nyblad seconded the motion . Motion carried unani- mously. The Commission was asked to drive by and look at the property before the public hearing to see if the fence would obstruct the view of traffic at the intersection . The City Council has referred the matter of a request by Greg Giardina to install a septic tank to serve the residence he wants to build ( and to possibly serve 3 other sites he is contemplating selling from pro- perty he has purchased at Ash and Marshall ) to the Planning and Zoning Commission for their action under the subdivision ordinance . Mr . Lewis explained that in 1972 when the subdivision ordinance was passed , this property was included in an original tract under one ownership . Sub- sequent to that time , two tracts have been sold and there are now two residences , one of which is for sale , on the tracts . With Mr . Giar- 'S diva ' s proposed residence and the remaining land , the 5-acre tract will have 4 divisions of ownership . Thus the tract is being subdivided but is not meeting subdivision requirements . There is sewer across the Parker Gulch Drain but it can ' t be extended and serve by gravity because the sewer is too shallow. A small pump station could be put in to serve the tract which would require all of the properties to participate in the cost . Lines would also have to be installed and the cost has not yet been determined . Mr . Giardina wishes to apply for a building per- mit for the residence he wants to build using a septic tank . Paul Billecci has filed a building permit request for property in the same tract and under similar circumstances . At the rate of one building permit issued a year , the entire area could be developed on septic tanks in a few year ' s time . The ensuing discussion concerned whether or not the City could refuse to issue a building permit where a sep- tic tank is intended because of unavailability of sewer . Another point of discussion was the legality of setting up an escrow account for future development whereby the party would deposit a determined amount which would be applied at such time as extending the sewer becomes feasible . It was the concensus of the Commission that the concepts of the subdivision ordinance should be upheld but that Mr . Giardina would probably entitled to a building permit . Whether or not the permit entitles him to use a septic tank would be a legal question and should be determined by the City Attorney . Tom Ensley moved that a recommendation be sent to the City Council stating the Planning and Zoning Commission upholds the subdivision ordinance with A respect to development but recognizes that the City will probably have to issue a building permit to Mr. Giardina. It is also recom- mended that steps be taken to determine whether this permit entitles him to use a septic tank in conjunction with the permit . The motion was seconded by Starr Farish and carried unanimously . Mayor McCluskey -4- indicated he would contact the City Attorney on the legal questions . Next item on the agenda was a request for a special use permit to use part of the building at 103 Kimball ( formerly The Ark ) as an indoor amusement center . The lessee , Hector Villarreal , plans to have pool tables , coin-operated machines and games for entertainment . The 80-4-7 zone is C-2 Commercial . It was moved and seconded by Starr Farish and Tom Ensley to establish a public hearing date of May 15 to con- sider this request . Motion carried . John Pilote asked John Hull to serve as Chairman for the following : An application has been filed by C . E . Anderson to rezone the property on which the Pop-a-top Tavern is located at 5th and Chicago from M-1 Light Industrial to C-3 Service Commercial . A bar or tavern is a non-conforming use in industrial zones and , therefore , Mr . Anderson is unable to expand the business . It was his intention to enclose an area approximately 18 by 29 feet behind the present establishment for an outdoor patio . A concrete slab would be poured and a fence constructed around the slab . Mr . Lewis said the problem had been discussed at length and it was his feeling Mr . Anderson could proceed without rezoning as long as a building was never erected on the slab or a roof put over the area . Parking is adequate and no spaces would be taken up by the addition . Mr . Anderson indicated he planned to put a trellis across the top for roses but understood he could not expand the area of the business itself . He was informed that he could go higher than 6 feet with the fence but would have to check with the Building Office for the requirements . It was the concensus of the Commission to allow Mr . Anderson to proceed with the outdoor patio and to notify the Building Office that his request was in order as long as the slab was not enclosed or covered . A special use permit has been requested by Idac.o Development to construct duplexes on 4 lots in 3rd Parkside Addition and divide them for sale as separate ownerships . Two would be on Sunset and two on Airport . The requirements to be met were outlined to Tom Lynch, representing Idaco . These requirements are to replat under the short plat procedure and to provide documents setting forth 80-4-8 the common interests . John Hull moved and Ralph Nyblad seconded the motion to establish a public hearing on May 15 for this request . Motion carried unanimously . Presented next was the preliminary plat of Starlight Park , Unit 3 , located on S . Florida Avenue south of Starlight Park , Unit 1 . A request for annexation is on file . The request for zoning of this property was submitted as 1H-2 , but after a discussion on the necessity of changing the Comprehensive Plan to accommodate an R-2 zoning , Judy Moore stated that an R-1 zone would be acceptable to the developer , Lasher Constru.ction . Mr . Lewis read his Engineer ' s report on the preliminary plat . It was his recommendation that the loop street going east and west should be renamed so addresses could correspond with the City ' s numbering system rather than being a part of Pisces Drive which also runs north and south . Improvements are to be installed by the developer and installations must be in accordance with approved plans furnished by the developer . The water main extension policy /"N will apply but the developer may have the option of putting in water- lines or having the City put them in under the policy since it is anticipated the moratorium will be lifted regarding water main exten- sions . The half street policy will apply on S . Florida Avenue . • -5- All plans , inspections , field controls and certifications of agency approval will be the responsibility of the developer ' s engineer . The developer will install underground power , curb , gutter and paving , 8 9 irrigation , public water and sewer . Starr Farish and Ralph Nyblad moved and seconded to recommend to the City Council the approval of the preliminary plat of Starlight Park, Unit 3 , subject to the stipu- lations made by Mr . Lewis and to initiate action toward annexation of this property and the two other pending requests . Motion carried unanimously . A public hearing was scheduled for the May 15 meeting for consideration of any Comprehensive Plan changes prior to annexa- tion of the property proposed as Starlight Park , Unit 3 , and also for the Lawrence ( Hibbard) property on S . Kimball and the Goiri- Braun property near the airport . A special use permit to construct and divide duplexes on zero lot lines in Starlight Park , Unit 2 , has been requested by Lasher Con- struction . The zone is R-2 so duplexes are allowed outright . It is the applicant ' s wish to put duplexes on all of the lots and split the ownerships . This would require a special use permit , short platting of all lots to create lot lines and provision of documents 0-4-10 that set forth the common interests . John Hull moved to set a hearing on May 15 . The motion was seconded by Ralph Nyblad and carried unani- mously . Jesse Knight was present to discuss the site plan required for the mobile home court he wishes to establish on Plymouth Avenue near the Boise River . A plan sketched on an aerial was presented . The plan will be evaluated by the Engineer to see that it meets the require- ments of the mobile home ordinance and to set forth the variances that will need to be requested for approval of the plan . Mr . Knight is asking to have the court be served with private disposal systems because of the economics involved in getting sewer to his property . The Planning and Zoning Commission has the authority to vary the requirements of the ordinance and may approve exceptions to any portion of the standards of design or required improvements as stated 0-4-11 in 5-11-27 of the Caldwell City Code . A motion was made and seconded by Tom Ensley and Starr Farish to schedule a public hearing on the site plan for May 15 . Motion carried unanimously . By-laws for the Commission were then reviewed . Some of the items discussed were the number of members , appointees from the impact area, election of officers , and record keeping . There was a lengthy discussion on whether or not a roll call vote should be kept to show the action of each member . Commission members were asked to give some thought to amending the sentence in Section 6 , Page 3 to read that in the event of a roll call vote , an official record of all pro- ceedings and actions shall be kept . The by-laws will be on the agenda for further consideration May 15 . Dick Winder addressed the Commission as Chairman of the Industrial Committee for the Chamber of Commerce . He encouraged the adoption of the proposed amendment to the subdivision ordinance concerning industrial subdivisions . The amendment would essentially allow the eIN City Council to determine when platting should occur and what im- provements should be required for industrial develop:aont . It provides for a written agreement with the Council for construction of improvements -6- according to approved plans and specifications and with time limits 8012 as agreed. upon . After a discussion , Starr Farish moved and John • Hull seconded the motion to set a public hearing on the proposed amendment to the subdivision ordinance for the next regularly sched- uled meeting . Motion carried unanimously . Meeting adjourned at 10 : 30 p .m . Respectfully submitted , Sylvia Robison Secretary pro tem