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HomeMy WebLinkAbout1980/02/21 P&Z MINUTES PLANNING AND ZONING COMMISSION MINUTES February 21 , 1930 The meeting was called to order at 7 : 30 p .m . in the City Hall Coun- cil Chambers by Chairman John Pilote . Present were Bud Grant , Ken Hopper , Betty Ann Lodge , Boyd Henry , Tom Ensley , Bill Free and Bob Carpenter . As there was not yet a quorum present , Chairman Pilote asked Mel Lewis to present his discussion on property which will be affected by the construction of I-80N . Mr . Lewis explained that in the process of acquiring right-of-way for the Interstate project , the Highway Department has brought some zoning aspects to the attention of the City. Maps have been prepared showing specific parcels ( 12 residen- tial and 2 commercial ) which will become substandard with respect to size and/or setbacks . He then read a letter from Dean VanNoy of the Highway Department Right-of-way Section which posed these ques- tions : 1 . Would setback or lot size reduction be a flagrant violation of the zoning code . 2 . Would the City bring corrective action against the property owners and compel them to comply with the present ordinance . 3 . Would there be any restraints on future building or remodeling on property caused by lack of compliance . 4 . Would the City prepare an amendment to the present ordinance whereby dwellings could exist with reduced setbacks throughout their remaining economic life . Basically , the Highway Department is concerned about reduced setbacks , lot sizes and off-street parking areas . Mr . Lewis indicated his thinking in answering the above questions was essentially that it would not be important to the City to require the owners to take immediate action to comply with setbacks . The City does not want to be put in a position of defending itself in court by becoming involved in negotiations of property values between owners and the State . Concerning restraints on future building , property owners could apply for a variance at such time as building is contemplated and these would be handled on an in- dividual basis . It was his opinion that to single out this area and amend or write a special ordinance dealing with these problems was not advisable . The concensus of the Commission was for Mr . Lewis to reply to VanNoy ' s letter expressing the above thoughts with a copy to the City Council . No action was taken at this time . Bob Carpenter arrived and was counted present . It was moved and seconded by Tom Ensley and Bud Grant to dispense with the reading of the January 17 meeting and approve them as written . Motion carried . John Pilote reviewed the Comprehensive Plan recommendation for part of Tract U of Mountain View Subdivision in the area of Cleveland , Locust , Cherry and Florida to be changed from medium density residen- tial to high density residential . This recommendation has not been forwarded to the City Council pending other considerations related to annexation . It was decided at this time to send the recommendation on to the City Council as of February 21 . Any other Plan amendments will require a 6-month interval and may be recommended after August 21 . 0-2-1 Moved by Tom Ensley , seconded by Betty Ann Lodge to recommend the • 1 above Plan change to the City Council for public hearing as of this date . Motion carried . Mr . Stokes of Green Acres Properties has re- quested that the Planning and Zoning Commission proceed with a public hearing on the rezoning of this property from R-2 to R-3 subject to the Council ' s action on the proposed Plan change . A public hearing -2- was established for March 20 to hear testimony on this request . The public hearing was then opened for a special use permit to operate a day care home at 1223 Arthur Street . The home will be staffed by the owners , Ron and Kathy Wood , and will be for a maximum of 20 children . Kathy Wood was recognized and stated it was their intention to obtain a State license from the Health Department . Since no testimony was offered from the audience , the public hearing 80-2-2 was closed. A motion was made and seconded by Bob Carpenter and Boyd Henry to grant the special use permit for a maximum of 20 children subject to their meeting the life-safety codes . Motion carried . Discussed next was a request for annexation for the Goiri property and the Harris (Braun ) property near the airport . The Council has formally made a request for annexation of the Goiri property which the L * by ano- ty owns . The property next to it to the east consisting of 40 acres ther has been acquired *and it is the intention to combine that with some party of the property the City is going to sell from the Goiri tract for use as industrial area . The Comprehensive Plan shows this land as industrial . It was the City Engineer ' s recommendation that this request be delayed until some specific questions were answered by the City Attorney about annexation . The question that would apply is whether a Plan change is required before zoning can be considered . It appears that at least the Commission must make 80-2-3 findings on the Plan . Following a discussion , Bud Grant moved that action on this request be deferred until the next regular meeting or until such time as the legal questions have been reaoLved ,,/.4N concerning the need for a Plan change when annexation is undertaken . The motion was seconded by Bob Carpenter and , after a vote , carried. Lonnie Spath appeared before the Commission to request a Plan and subsequent zone change for property he and Jerry Sedlar own in Blocks33 and 34 of Golden Gate Addition . These properties are generally located on the frontage road ( Hannibal ) which runs parallel with the freeway between 1st and 3rd Avenues . The change would be from medium density residential (R-2T ) to a commercial that would accommodate the uses planned for the property. Spath told the Com- mission he wanted to move his business Superior Welding to that site and also have a convenience store on the property. Sedlar ' s inten- tion is to locate Underground Electric on his property . Spath also informed the Commission that he has completed transactions with the State in the negotiations for right-of-way . During the discussion , Mr . Lewis pointed out that if the Commission is going to study the Plan with respect to the new highway construction , they should study the whole Plan and look at lands adjacent to the interstate and highway related uses around the river interchange and at the 10th Avenue inter- change . He did say that a developed access road will come off of the interchange down 1st Avenue and along the road that is there to serve particularly those properties that front onto the access road . These properties may eventually become commercial as Spath and Sedlar are anticipating . Mr . Lewis continued that it would be his judgment the Commission shouldn ' t seriously think about too many changes until the highway acquisition has been completed as there are court pro- ceedings involving some of the properties . Spath indicated some of his plans have been drawn and they are waiting on the State to do the work under Phase 2 of the project which will involve finishing the side roads . It was his hope to start after the curb and gutter -3- is installed if he can get the commercial zoning . After further 30-2-4 discussion , Bob Carpenter moved that the request be considered at this time and a public hearing be set for the next regular meeting . Action if recommending the Plan change would then be taken at the first legal opportunity in six months . Tom Ensley seconded the motion . Motion passed. John Pilote inquired about the possibility of having the Engineering staff prepare some maps of the entire strip to bring in for study. The area delineated would be from the Franklin interchange to approximately the Notus interchange . There will be more discussion on this in a few months . The County has enlisted a recommendation from the City Planning and Zoning Commission on a requested Comprehensive Plan and zoning change on property within the City ' s impact area north of Rio Vista Acres on Highway 30 . The request would be from low density residential to commercial for expansion of a body shop that is a non-conforming use at its location . Representing Bill Loverde , owner of the body shop , were Ted Sutherland and Bill Blankinship . Both the City and County Comprehensive Plans show freeway-related commercial areas around the interchange intersections of Highway 30 with Highway 44 and Highway 20-26 , with the area between shown as low density resi- dential . There are existing commercial and industrial uses along the west side of Highway 30 that were there when the City and County zoning ordinances were passed. These are now considered non-conform- ing in the County R-1 zoning . Sutherland identified the other uses in the vicinity as two body shops , an auto junking yard , a tow truck company , motel and gravel truck parking . He said 4 of the 5 resi- dences in the area are owned and occupied or rented by the business personnel . Open fields and farm ground border the commercially and industrially developed parcels . Residents from Rio Vista Acres use the Notus interchange , according to Sutherland. The gentlemen in- dicated they had not talked with any of the neighbors about the proposed land use revision . The Commission , in discussing the situation , seemed to be in agreement with changing the land use for that area specifically being occupied by commercial and industrial uses but did not want to open a larger area for development . Bob 80-2-5 Carpenter moved to recommend to the County a change from Low Density Residential to a commercial land use which would anticipate a C-3 zone on those pieces of property now being used for commercial and industrial purposes lying west of old Highway 30 and east of the Notus Canal . Bud Grant seconded the motion . Motion carried. Jesse Knight , 514 West Plymouth Avenue , addressed the Commission re- garding his wish to have a mobile home park on his property generally lying between Plymouth Avenue and the Boise River and northwesterly from Boise Avenue . The Plan and zoning was changed about a year ago to accommodate the park , but sewer is not available and some concern has been expressed by neighboring residents about more septic tank development in the area. Mr . Knight said there are now two mobile homes on the property . He occupies one and the other is vacant . He would like to move in two more mobile homes . Mr . Knight said he has talked with the Southwest Health District and feels they would permit him to install septic tanks as test holes indicate the land is gravel and does not have a high water table . The City ordinance , however , states that mobile home parks must connect to the City sewer system . To bring the sewer from where it ends near 1st Avenue to Mr . Knight ' s property would require a pump station and approximately 1000 feet of high pressure line with an estimated cost of $30-35 ,000 . -4- Mr . Knight was informed that the Commission could only act on the special use permit which would have to be subject to the provisions of the mobile home park ordinance . It would be his responsibility to cope with the sewer problem and he would have to direct his appeal to the Council for a decision on the septic tank disposal systems . Mr . Knight indicated he would like to go ahead with the public hear- 30-2-6 ing for the special use permit . Bud Grant and Bob Carpenter moved and seconded to establish the hearing date for March 20 . Motion carried . Action was then taken directing Mr. Lewis to reply to the State Department of Transportation stating the City ' s position with regard to properties which will be affected by construction of the interstate 30-2-7 highway with an informational copy to the City Council . The motion was made and seconded by Tom Ensley and Bud Grant . Motion passed . Mr . Lewis pointed out an error that had been discovered on the zoning map in the commercial area north and east of Cleveland Boulevard from Linden to Ustick. For many years that strip has been commer- cial and the width has been defined at 600 feet . When the map was prepared , the line showed a jog at 34th and Locust making some prop- erty industrial rather than commercial . He said the staff will correct the map with the Commission ' s knowledge that the correction 30-2-8 is being made . Boyd Henry moved that the error on the zoning map for the area on the northeasterly side of Cleveland Boulevard be corrected to show a 600 foot commercial strip from the centerline of Cleveland back toward the railroad between Linden Street and Ustick Road . This would exclude the part of Southside Industrial Park which "RN has been rezoned to light industrial (M-l ) . The motion was seconded by Bob Carpenter and , after a vote , carried . John Pilote reported that Shirley Conger had declined the appointment to the Planning and Zoning Commission and that Bob Nicholes has asked not to be reappointed . Ken Hopper suggested a letter be sent by the Mayor to Bob Nicholes thanking him for his many years of service to the City and Pilote said he would contact the Mayor on this . Meeting adjourned at 9 : 30 p .m. Respectfully submitted , Sylvia Robison Secretary pro tem 1