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HomeMy WebLinkAboutPZ Minutes 12-9-20141 P&Z Minutes 12/9/2014 CALDWELL PLANNING AND ZONING COMMISSION MINUTES December 9, 2014 I. Call to Order –Chairperson Doty-Pomoransky called the meeting to order for the public hearing at 7:00 p.m. II. Roll Call – Members Present: Ed Doty-Pomoransky, Dana Vance, Kenneth Scholz, Jeremy Feucht and Roger Page. Members Absent: None. Staff Present: Jarom Wagoner (Senior Planner); April Cabello (Planning Technician); Robb MacDonald (Assistant City Engineer). Staff Absent: Brian Billingsley (Planning and Zoning Director). Review of Proceedings – Chairperson Doty-Pomoransky announced the procedures for the public hearing. III. Old Business A. Approve minutes of October 12, 2014 regular meeting. MOTION: Commissioner Scholz SECOND: Commissioner Page Passed: Unanimous roll call vote. IV. New Business A. Case Number SUP-10-14 a request by Ed Pizano for a special-use permit to construct an Accessory Dwelling Unit (ADU), located within the R-1 (Single Family Residential) Zoning District. The subject property is located at 1603 N. Illinois Avenue, in Caldwell, Idaho. Testimony: 1. Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report as written and submitted an aerial photo of the site labeled Exhibit PZ- 1000. He further reported that the applicant is requesting a special use permit approval, to construct what would be qualified as an Accessory Dwelling Unit for his Mother to reside on his property. 2. Mr. Wagoner stated the subject property is zone R-1 (Low Density Residential) and is surrounded by residential uses to the North, South and East and is in the near vicinity of Sacajawea Elementary School. The Caldwell School District office did contact Planning and Zoning in regards to this request; more for information but once information was provided there were no issues with this request. 3. Mr. Wagoner explained that Accessory Dwelling Units is something that was added to the zoning ordinance not long ago to allow for instances just as this, where people wish to have family members reside close to them to take care of or watch over them. Thus 2 P&Z Minutes 12/9/2014 being allowed through a special use permit in the R-1 zone. Staff finds that the request is in compliance with the comprehensive plan analysis and is recommending approval with the conditions listed in the staff report. 4. Commissioner Vance confirmed with staff that an ADU are for personal use only and cannot be used as rentals. 5. Mr. Wagoner responded that an ADU in the code requires that the property owner reside in the home or the ADU and cannot rent out both facilities. The property owner has to reside on the premises. 6. Commissioner Scholz confirmed the ADU will meet setbacks and parking. 7. Mr. Wagoner responded yes. 8. Edward Pizano, 1603 N. Illinois, Caldwell, ID 83605, applicant, testified in favor of the application and explained that he wanted to make a guest house for his mother. His father passed away in June and that his father was the sole provider for his Mom. He would like to help his Mom by building her own place with parking and being able to go and come as she pleases but still is under his supervision. 9. Esmeralda Rodriguez, 1523 N. 3rd Ave., Caldwell, ID 83605, signed in favor or the application and stated that Mr. Pizano’s mom does have health issues and that Mr. Pizano will be and is her caretaker. Health issues is what has lead them build the ADU for his mom. 10. Edubina Pizano, 1523 N. 3rd Ave., Caldwell, ID 83605, signed in favor of the application but did not wish to speak. 11. Michelle Pizano, 1603 N. Illinois, Caldwell, ID 83605 signed in favor of the application but did not wish to speak. Public Testimony was closed. MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Scholz Passed: Unanimous voice vote. Comprehensive Plan Analysis for Case Number SUP-10-14 - MOTION: Commissioner Page SECOND: Commissioner Vance Passed: Unanimous roll call vote. Findings of Fact for Case Number SUP-10-14 - MOTION: Commissioner Feucht SECOND: Commissioner Page Passed: Unanimous roll call vote. Conclusions of Law for Case Number SUP-10-14 – MOTION: Commissioner Scholz SECOND: Commissioner Vance Passed: Unanimous roll call vote. Order of Decision on Case Number SUP-10-14 – MOTION: Commissioner Page SECOND: Commissioner Feucht. The Commission voted unanimously to Approval B. Case Number SUP-09-14 a request by Filiberto Arcos for a special-use permit to operate a Night Club/Event Center, located within the C-3 (Service Commercial) Zoning District. The subject property is located at 424 E. Elgin Street, in Caldwell, Idaho. Testimony: 1. Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report as written and submitted an aerial photo of the site labeled Exhibit PZ- 1000. He further gave history on the property stating that the property has been utilized in the past as a night club / event center; however it is has been vacated for more than 12 months therefore requiring the grandfathered nonconforming status goes away and must comply with today’s ordinance requirements therefore necessitating an approval through a special use permit to operate the facility. 2. Mr. Wagoner further explained that the subject property is zoned C-3 (Service Commercial) and is currently a vacant commercial building. The surrounding area to the north, south, east and west are all zoned C-3 (Service Commercial) and the Comprehensive Plan Map shows the area as Traditional Neighborhood. The uses to the south is a vacant parking lot, which will be utilized for this application, to the east and west are residential homes and to the north is a commercial building. Mr. Wagoner 3 P&Z Minutes 12/9/2014 stated that the applicant has met with staff several times and had a round table meeting with the Fire Marshal, Building Department, Engineering and Planning & Zoning to see what would be required to make it suitable for the proposed request and those conditions are listed on the staff report. Mr. Wagoner stated that staff supports this application through the compressive plan map in supporting businesses economic viabilities to the city and to this area with the conditions as outlined and additional conditions of approval. Mr. Wagoner stated that after reviewing the conditions with the Fire Marshal as far as occupant load for safety was determined and a maximum occupant load that cannot be exceeded. Mr. Wagoner explained to the commission how the occupant load of a night club is determined and that this site can never go above 600 people to ensure the safety of the facility. 3. Mr. Wagoner stated the applicant will be required to landscape and pave the area as required by city code. Landscape buffer area is along 5th Avenue, Elgin and Denver Street. The recommendation is to allow for completion of the landscaping by June 1, 2015 and staff is comfortable extending the timeframe for the paving until June 1, 2016. 4. Mr. Wagoner stated that he spoke with the police department and they do have some concerns with the request. The Police Department wants to make sure the request goes forward as proposed and a proposed additional condition would be if there are any substantial issues that occur during the next 12 months, that this application would come back before the commission for a re-review. This would allow the applicant to come forward if there are any issues with the police department to discuss the issues rather than pulling the permit. This re review would only be if the police department felt there were issues that had not been resolved over the previous 12 months. This would be a condition proposed to be added. This has been discussed with the applicant and they do not have issues with the additional condition. 5. Chairman Doty-Pomoransky confirmed with staff that the possible condition being added would 8.15. 6. Mr. Wagoner confirmed. 7. Commissioner Vance wondered if Planning and Zoning had received any negative comments from neighbors. 8. Mr. Wagoner responded that there were no negative comments or responses received, only one neighbor came in with a question and that neighbor is here tonight. 9. Chairman Doty-Pomoransky wondered about security guards. 10. Mr. Wagoner deferred that question to the applicant. 11. Commissioner Scholz wondered about the feedback received by the police, and what type of issues were they referring too. 12. Mr. Wagoner responded generally related to night clubs. Where alcohol is involved with large amount of people can have issues that arise. At this facility prior there was substantial number of issues that happened but that was a different applicant, just with the history of these types of events the police wanted to ensure that what the applicant is presenting is really what is going to transpire and this will allow the police the review in 12 months to ensure that it going as was proposed, it’s a safeguard for the city. 13. Commissioner Scholz clarified with staff that if there are concerns with the police department, it will be an issue that will be brought before the commission to review and determine if the special use should be revoked. 14. Mr. Wagoner confirmed but also stated that if there is any illegal activity that happens before the 12 months then Planning & Zoning would have the right to revoke the special use permit. 15. Commissioner Feucht questioned the number of jobs and employees. He expressed his concerns for the number of employees and the number of 600 patrons. 16. Mr. Wagoner deferred the question to the applicant. 17. Commissioner Page wondered about the comprehensive plan and how it relates to the general overall vision of the city and the proximity of the night club to the downtown. 18. Mr. Wagoner responded yes that was looked at and while it is in proximity of the downtown but not close proximity and the railroad tracks which is what separates it and the club is outside the City Center Zoning district. 4 P&Z Minutes 12/9/2014 19. Commissioner Scholz expressed his concern of noise and wondered if any of the neighbors expressed concerns. 20. Mr. Wagoner responded that only one neighbor had come to Planning and Zoning and that neighbor is here tonight and can address his issues. 21. Commission Vance wondered about the occupancy load of 600 and parking. 22. Mr. Wagoner responded that one of the conditions of approval is to provide parking and there is an empty lot that is part of the parcel and it’s divided by an alleyway that will be used as parking. 23. Chairman Doty-Pomoransky confirmed with staff that empty lot is what will be paved in the future. 24. Mr. Wagoner confirmed that the parking lot per the conditions recommends having the lot paved by June 1, 2016. 25. Commissioner Page asked if the condition is recommended or required. 26. Mr. Wagoner responded that staff makes the recommendation and is the decision of the commission whether it be required. 27. Commissioner Feucht wondered if there were any other beautifications that staff recommends. 28. Mr. Wagoner responded the parking lot will be landscaped. 29. Commissioner Feucht wondered what type of landscape. Trees, bushes or shrubs? 30. Mr. Wagoner responded that in accordance with city code it be trees and shrubs. 31. Filiberto Arcos, 5003 Pioneer Ave., Caldwell, ID 83607, applicant, signed in favor of the application and gave testimony. Mr. Arcos stated it has always been his dream to own a night club and has been in the music business for more than 10 years. He has worked at the big night clubs in the area and would like to branch out to himself and do his own thing. This property came up to him and he would like to do something different from what people are used to around here. He wants people that are walking by to say, WOW what’s this doing here. Mr. Arcos further shared that he came from California and he hears Caldwell has a bad repetition and does not know why. He would like to change that. He stated that he has a big following from Boise, Meridian and Kuna and wants to bring all kinds and types of people to Caldwell to drink and have fun, but be responsible. Mr. Arcos also stated he has the best security team in Idaho, Robert Muse, and will not have issues like the previous club. Mr. Arcos stated that he tried to reach out to the neighbors and no attended the meeting and that he would like suggestions and support from the neighbors. Mr. Arcos shared this is his dream and it is all he wants to do and he can be good at it and be successful, all he needs is a chance. 32. Commissioner Vance wondered if there would be a restaurant. 33. Mr. Arcos responded yes and the reason for that is he does not want anyone driving off the property to get food nor do they want food trucks on the lot. They would like to keep the people inside the business keeping people from getting rowdy outside and bothering the neighbors. 34. Commissioner Feucht wondered if there are any ideas for running high school promotions at this location after high school foot ball games, rally dances. 35. Mr. Arcos responded yes, high school / college nights, little leagues, soccer, lot of things to involve the community and get their support. 36. Commissioner Scholz expressed his concern about vandalism that is beyond the control of the owner and wondered what the applicants plan was if there is damage to the neighbor’s properties. 37. Mr. Arcos responded that if there is damage to the neighbor’s properties by his customers he will take full responsibility for it and take care of it. He would talk to the neighbors and work with the security team to come up with a plan to keep it from happening again. 38. Commissioner Scholz further expressed his concern regarding the vinyl sign and stated that he will make a recommendation that the vinyl sign be replaced with a regular sign at some point. Also wondered if the applicant had tested the acoustics in the building and that he was concerned about the parking. 39. Mr. Arcos responded yes he checked the acoustics and will make sure all doors are kept closed. He will also go outside to make sure the volume is not too high where it will be heard by the neighbors. The only door that will be open is when the customers 5 P&Z Minutes 12/9/2014 come in the front door but as long as the second door is closed all the time it is hard for the sound to get out. 40. Commissioner Page expressed his concerns regarding enhancements to the city and asked the applicant to speak of any improvements, remodeling and the current condition of the building. 41. Mr. Arcos responded that the inside of the building already has the WOW factor and will work on the outside of the building and landscaping. It will be a top notch place to be in and top notch looking place. 42. Commissioner Page asked the applicant to give examples of how they are going to really make a difference. 43. Mr. Arcos responded they are going to paint the building, lighting, and signage. It will have the WOW factor. When people walk by they will notice the building. 44. Chairman Doty-Pomoransky wondered if there was a lighted electrical sign at the site previously and if the box was still there. 45. Mr. Arcos responded there was but it was removed. 46. Ken Marrs, 409 Denver, Caldwell, ID 83605, signed in favor of the application and gave his testimony. Mr. Marrs stated the subject property has been vacant for about a year and his history with the property goes back to 1961, he was born in the property he resides in now. He moved away for about 30 years but came back and purchased the property in 2010. The property on Elgin Street has been a corner bar, tavern, night club since about 1975 so the neighborhood is well aware of pluses and minuses of having a nightclub. Since 2010 there has been about three or four different managements at the bar and the reason he is for this application and not against is because of the security. Mr. Marrs stated that he and his wife, when it was a different bar, walked inside the bar and it is pretty loud inside. They live just around the vacant lot and when they are inside the house they really cannot hear the music. They are not concerned about the noise, the security is the big thing and they have history with Mr. Arcos from one of the other night clubs at this site. Mr. Marcos and the security were at this club at that time and did not have any problems in the neighborhood when they were there. With all the other clubs he cannot say that. They would rather a bar or night club be at this location where it will be policed and watched all the time rather than a youth center that is not watched. Mr. Marrs stated that Mr. Arcos went and visited all the neighbors and told them exactly what they were going to do and based on his performance from the previous night club they believe him. 47. Robert Muse, 221 N. Jefferson, Nampa, ID 83651, signed in favor of the application and stated that his specialty is security. He provides security for the Columbia and the BlueEye and works directly with Lt. Riley on all issues whether it is the owners of the facilities, the people of come who use it or any kind of safety security issues. They do proactive security even if it means the owner is in trouble, they will report to Lt. Riley and tell him the owner is not in compliance and he needs a visit, and he advises the owner that they need to come to compliance with the Idaho Alcohol State Laws. The alcohol board suggests one security guard per 75 patrons and it is their goal to have one security per 50 patrons. Lt. Riley and he have worked closely together on these private security operations and clubs and it is his understanding per Lt. Riley that his security has reduced the cost to the city. The officers are not in court or taking complaints where people don’t show up for court, the officers are really happy they do not have to come to these facilities. Mr. Muse explained why this works for him. His background is that he has been an Idaho Certified Law Enforcement Officer, also graduated from the Post Academy Jailed Attention, and has background security in the United States Air Force in the strategic air command unit with the security of nuclear weapons and arsenals and now is doing event centers and stated that he is a licensed bail agent. Mr. Muse addressed the parking issue stating that the parking issue is critical to this operation. Mr. Muse agreed that the lighting, paving, landscape is always critical to the function for the community and part of the success of their security is that no drinking or activities are allowed in the parking lot; you either get in your car and leave or get out of the car and going into the building. Loitering is not allowed. They do full body scan with a wand, looking for any type of weapons and will do a pat down search if need be. His officers are mostly veterans back from Iraq, Afghanistan, former corrections or law enforcement and are uniformed with fire arms, stun guns, batons, 6 P&Z Minutes 12/9/2014 and OC pepper spray. They have a great understanding of the private property law and what their jurisdictions are. They also understand in private security that they go to each neighbor and business to have them sign permission to assume private security duties on their private property if any of their clients or persons attempt to do damage, they will have the ability with their permission to utilize private security protocols on their private property, if they so desire. At the same time they will call the police if they need them but that is very far and few in between because they try and take care of everything right there for the private property owners and the general public. As far as noise, they have application for noise decibels on their cell phones and use that to help make sure they stay in the legal decibel ranges of noise in the facilities and outside the building. They also use body cams and recording devices inside the facility itself, basically their job is not only to document the success of the facility but to also document the safety and security. They do not tolerate any kind of drug distribution, they will detain and secure the physical evidence for the police to come in and take control. Mr. Muse further stated for parking they will direct traffic for big events and will notify Lt. Riley and ask if they want them to do any trafficking to mitigate the costs. These services will not cost the city other than a barricade for them to put up and take down. Mr. Muse also explained that the insurance policy for bar and liquor event establishments is some of the best insurance there is and it covers the risk and liability to the owner, officers and the public. Mr. Muse spoke to the inside of the potential club and the WOW factor. The building has been opened up, they built a great bar and the kitchen and food area is separate so you can have activates on either side. 48. Commissioner Scholz expressed his concern about the neighboring businesses at night and the restaurant across the street. Commissioner Scholz was concerned about people parking in the restaurants parking lot and if that will cause a conflict. 49. Mr. Muse responded that the neighboring businesses, club and security sit down once a week or month to discuss any issues or problems. 50. Mr. Arcos responded to the parking question and that he spoke to the owner of the restaurant across the street, stating the fact that the restaurant clients are parking on his property and how they are going to work this out. The restaurant clients will park on Mr. Arcos property during the day and Mr. Arcos clients will park on the restaurant parking at night after they have closed but only when there are big events. Public Testimony was closed. MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Scholz Passed: Unanimous voice vote. Comprehensive Plan Analysis for Case Number SUP-09-14 - MOTION: Commissioner Page SECOND: Commissioner Vance Passed: Unanimous roll call vote. Findings of Fact for Case Number SUP-09-14 - MOTION: Commissioner Feucht SECOND: Commissioner Page Passed: Unanimous roll call vote. Conclusions of Law for Case Number SUP-09-14 – MOTION: Commissioner Feucht SECOND: Commissioner Page Passed: Unanimous roll call vote. Order of Decision on Case Number SUP-09-14 – MOTION: Commissioner Vance SECOND: Commissioner Page. The Commission voted unanimously to Approval with conditions 8.2 – 8.14 and additional conditions as follows: 8.15 The SUP shall be subject to a 12 month review by the P&Z Commission if demand necessary by the Fire Marshal and or the Police Department. 8.16 Install a permanent sign by 6-1-2016. C. Case Number OA-03-14 a request by the City of Caldwell Planning and Zoning Department to amend portions of Chapter 10, the zoning ordinance, of City Code Testimony: 7 P&Z Minutes 12/9/2014 1) Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report and reviewed the proposed changes to Chapter 10, zoning ordinance 10-02-02, 10-02-03, 10-02-03(7),(11),(16),(17), 10-02-09, 10-02-09(4)N, 10-02-15, 10-02-15(6)C, 10-03-11, 10-03-12, 10-03-12(1), 10-03-12(6), 10-03- 12(7), 10-07-08, 10-07-08(1)E, 10-12-03. MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Scholz Passed: Unanimous voice vote. Findings of Fact for Case Number OA-03-14 - MOTION: Commissioner Scholz SECOND: Commissioner Page Passed: Unanimous roll call vote. Conclusions of Law for Case Number OA-03-14 – MOTION: Commissioner Page SECOND: Commissioner Scholz Passed: Unanimous roll call vote. Recommendation on Case Number OA-03-14 – MOTION: Commissioner Vance SECOND: Commissioner Page. The Commission voted unanimously to Recommend Approval V. Planning Issues – A. The next regularly scheduled Planning and Zoning Commission hearing is February 10, 2015. VI. Adjournment The meeting was adjourned at approximately 8:35 p.m. MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-POMORANSKY ON THE DATE NOTED BELOW: ____________________________________ _____________________ Ed Doty-Pomoransky Date ATTEST: ____________________________________________ Jarom Wagoner, Senior Planner FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING.