HomeMy WebLinkAbout2017-04-11 P&Z Minutes CALDWELL PLANNING AND ZONING COMMISSION
MINUTES
April 11, 2017
Call to Order—Chairperson Doty-Pomoransky called the meeting to order at 7:02 p.m.
Roll Call —
Members Present: Ed Doty-Pomoransky, James Nelson, Roger Page, Dana Vance
Members Absent:
Staff Present: Jarom Wagoner (Senior Planner); Brian Billingsley (Planning & Zoning
Director), and Robb MacDonald (City Engineer), Lori Colligan (Administrative Secretary)
Review of Proceedings—Chairperson Doty-Pomoransky announced the procedures for the
public hearing.
Old Business: Approve minutes of February 14, 2017 regular meeting.
MOTION: Commissioner Page. SECOND: Commissioner Nelson. Passed: Unanimous roll call
vote.
New Business:
A. Case Number VAR-17-01 A variance request by Canyon County to vary the maximum
fencing height surrounding the Canyon County Minimum Security Jail (Pod 5) by up to
four feet more than allowed by City Code Section 10-02-07(4)B (Commercial Fencing
Standards). The County is requesting to install twelve (12) foot height fencing around
Pod 5. The subject property is located at 1214 East Chicago Street in Caldwell, Idaho
Testimony:
1) Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented
the staff report. Concertina razor wire is typically not allowed along an arterial
roadway. However, for correctional facilities that is not the case. Concertina razor
wire is allowed when a correctional facility is along an arterial roadway. There is not
an exception for height, therefore, that is why this case is here before you tonight.
The fence itself is proposed at 10 feet tall and approximately 2 feet off that for the
razor wire. That is why they are requesting a height requirement of 12 feet. A
variance request must show some type of a hardship that can be proved. In
accordance with Zoning Ordinance No 1451 there are 5 criteria that all need to be
found TRUE in order to approve the variance request. Mr. Wagoner went over the
criteria.
2) Commissioner Nelson asked if there was currently concertina wire on the existing
fence.
3) Mr. Wagoner replied that yes there is existing concertina wire on the east side of the
building.
4) Commissioner Vance asked if there was currently fencing along Chicago Street.
5) Mr. Wagoner replied there is some along the East side of the building along Chicago
but it is set back a ways.
6) Mr. Navarro, 1115 Albany St. Caldwell, ID, 83605 testified that there is a fence in
front of the Pod 5 structure but it has a 3 strand barb on it, it does not have
concertina wire at this time. Sheriff Donahue asked him to file this variance on his
behalf. They have had multiple escapes from the tent. The Sheriff has a 5 point plan
to secure the facility and 3 of those have been completed to date. 1) to harden the
inside of the tent 2) the kitchen —meals are prepared outside the tent and shipped
over to the Pod 5 building 3) kitchen door—4 inmates escaped from the kitchen
door. The door was replaced and the hinge was reinforced and there is now a key
pad on the outside and on the inside there is a crash bar. The 4th point is our fence.
Mr. Navarro presented the Commission members with the fence plan (Exhibit PZ
1000).
7) Commissioner Page asked what types of inmates are houses in this facility.
8) Mr. Navarro answered that minimum security male inmates are housed here. They
are usually a first time offense misdemeanor crimes or they are waiting their trial for
sentencing. They are heavily classified, they have 2 full time staff members who do
nothing but classify inmates. Some inmates cannot live with other inmates; such as
codefendants or gang members.
9) Commissioner Nelson asked if there are ever errors in classification.
10) Mr. Navarro replied that he is sure there probably are but the Sheriff could better
answer that question. However, in his experience they tend to manifest very
quickly.
MOTION TO CLOSE TESTIMONY: Commissioner Page. SECOND: Commissioner Nelson.
Passed: Unanimous roll call vote.
Comprehensive Plan Analysis:
The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan
components as listed in 6.1—6.2
Enter into MOTION: Commissioner Vance SECOND: Commissioner Page. Passed:
Unanimous roll call vote.
Findings of Fact:
Introduction of Exhibit PZ-1000
The Caldwell Planning and Zoning Commission accepts the Findings of Facts components
as listed in 7.1 and 7.2 Findings on Variance Criteria (Section 10-03-05(4)A.1.1-5):
1. TRUE
2. TRUE
3. TRUE
4. TRUE
5. TRUE
Enter into MOTION: Commissioner Vance SECOND: Commissioner Page. Passed:
Unanimous roll call vote.
Conclusions of Law: MOTION: Commissioner Page SECOND: Commissioner Vance
Passed: Unanimous roll call vote.
ORDER: MOTION: Commissioner Page that Case Number VAR-17-01 be approved with
the following conditions of approval: 9.2—9.4
SECOND: Commissioner Nelson. Passed: Unanimous roll call vote.
B. Case Number OA-17-03 a request by the City of Caldwell Planning and Zoning
Department to amend portions of Chapter 2, Governing Bodies and Advisory Boards,
and Chapter 10, the Zoning Ordinance, of City Code
Testimony:
1) Brian Billingsley, 621 Cleveland Blvd., Caldwell, ID 83605, Planning & Zoning Director,
presented the staff report. Staff is requesting to amend two sections of City Code:
section 2 and section 10. There are two bills that are attached to this case, Bill 2 and
Bill 9.
2) Bill No. 2 would re-establish the Design Review Commission. In 2005 when the City
Center zoning ordinance was adopted by the City Council one of the features of that
ordinance was the creation of the Design Review Commission. That commission was
in place for about 5 years before it was shut down. This commission only reviewed
new developments along the Indian Creek corridor in downtown Caldwell. After the
economy crashed and during those 5 years the commission only reviewed two cases.
It was determined that they would get dissolve of the commission and staff would
hear review cases internally. A couple years ago there was an effort to re-brand
downtown Caldwell. A consultant was hired and he recommended the Design
Review Committee be re-established.
3) Mr. Billingsley discussed Chapter 2, article 37, Section 1—technically the Planning
and Zoning Commission cannot make recommendations on this chapter. This is the
chapter that creates the Design Review Commission. The Commission will have at
least 3 and no more than 7 commissioners that will be appointed by the City Council.
The Mayor will nominate and the City Council will vote. Up to 2 commissioners may
be non residents of the City but may have a connection to the City (downtown
business owner, property owner) they may or may not live in City limits, but we will
allow up to 2 people who do not live in the City to serve on the commission. We
plan to target architects, planners, engineers, builders, developers, historians,
business persons, and downtown property owners to serve on the commission.
They will be appointed to 2 and 3 year terms, they will elect their own chair and vice
chair, the Planning& Zoning director or representative will serve as the secretary,
the meetings will held in the Community Room, Police Department and open to the
public. The Design Review Commission will review not just properties along Indian
Creek but all of downtown (the City Center district). They will approve new
construction projects, building additions and exterior renovations. Appeals will go to
City Council.
4) Section 2 is regarding cleaning up the Design Application Process. This falls under the
jurisdiction of the Planning and Zoning Commission. Changing the wording from
"Planning &Zoning Director" to "Caldwell Design Review Commission." Since the
jurisdiction has been expanded there are several single family dwellings in the City
Center District —we do not want to review those. We're going to exempt Single
Family Dwellings from Design Review.
5) Commissioner Nelson asked about the makeup of the commission —if it will consist
of at least 3 members, 2 of which do not have to live in Caldwell —does that mean
then that Commission could be made up of 3 people, 2 of which do not live in
Caldwell?
6) Mr. Billingsley confirmed that was true.
7) Commissioner Vance asked if this was part of the Bill the P&Z Commissioners could
not weigh in on.
8) Mr. Billingsley confirmed that technically that was true. He will listen to their
comments and concerns but they cannot render a verdict on this. Staff can tweak it
according to their comments.
9) Commissioner Vance commented that it was vague and could they not even be a
resident of Idaho?
10)Mr. Billingsley confirmed that was true. But they do need to have some kind of
connection to downtown Caldwell.
11)Commissioner Page asked about the single family dwellings in the City Center zone.
He asked why they will be exempt from the design review process if the design and
aesthetics is important to the downtown plan.
12)Mr. Billingsley said that was a tough one, the zone goes all the way to Grant Street
and the question is if they really want to regulate all of those homes. He feels like
it's most important to monitor the commercial and multi-family uses.
13)Commissioner Vance asked if the meetings will be noticed and if painting a building
would require permission through the Design Review Process.
14)Mr. Billingsley confirmed both were true.
15) Bill No 9 is mending Chapter 10, Article 2 of City Code—this is the sign ordinance of
City Code. We're mending the definitions of a projecting sign to be a sign that's over
6 square feet. A blade sign is a sign that will be less than 6 sq ft. We also have a
definition for the central business district which is going to be the area between S &
10th, the railroad and Indian Creek.
16)Section 2 amends the city center ordinance, which is article 12, chapter 10 - we've
amended some of the allowed uses:
a. Food products and storage processing is not permitted downtown, we'd like
to change that to a Special Use Permit.
b. Office business and professional right now is a permitted use, we'd like to
change that to a Special Use Permit for the floor businesses only. We're
making one minor modification to this—office business professional only
applies in the Central Business district.
c. Second hand thrift stores will be a Special Use Permit
d. Vehicle repair minor and vehicle sales and rental service—those are Special
Use Permits now and we'd like them to not be permitted downtown.
e. Plaza Facade Design Handbook —this handbook has been adopted by the City
Council. Everything we're discussing/proposing/changing in Bill No 9 is to
make it consistent with the Plaza Facade Design Handbook; signs, colors, wall
openings, seating, blank walls
17)Commissioner Nelson asked about allowed uses—are there any existing businesses
that fall into these categories?
18) Mr. Billingsley said there might be a few —but they will be grandfathered in. New
construction and remodel would have to adhere to the new guidelines.
19) Kelli Jenkins, 16091 Orchard Ave., Caldwell, ID 83605— Kelli is a property owner in
downtown Caldwell. She has recently been involved in Destination Caldwell and
most recently in the efforts to revitalize downtown Caldwell. She is here to support
the City's direction on these changes to the zoning ordinance. She believes it is the
right thing to do to have a positive impact on economic development. To have a
consistent look and theme downtown will have a positive effect.
20) Keri K. Smith-Sigman, 16365 W. Linden, Caldwell, ID 83605— Kelli is the downtown
Economic Development Coordinator. She believes it's very important to create
standards that everyone is following that will foster a really alive environment.
a. She has been charged with business recruitment—from this plan she is
looking at over 30 businesses that she would like to recruit to the downtown
area alone. We have a very limited space for a true downtown. It's
important to have a critical mass of like businesses together. We have nearly
a 100% vacancy rate on our second floors; we plan to partner with property
owners to bring those areas up to code so we can attract businesses for
those spaces. That will create a nice mix for downtown.
b. Signage - Moving toward the blade signs helps downtown become more
pedestrian friendly.
21)Commissioner Vance asked about any restrictions on sign materials or types of
lettering for wall signs.
22)Ms. Sigman answered that she didn't think there were any restrictions.
23)Commissioner Vance asked about lighting on projecting signs but not on the
individual letters.
24)Ms. Sigman answered that wall signs are typically projected from inside. Our
intention is to have lighting facing down on the signs. Our goal is smaller signs.
25)Commissioner Vance agrees with the lettering height. She suggested adding
"recommended lighting would be gooseneck or halo."
26)Commissioner Vance asked for the definition of thrift store or second hand
27)Mr. Wagoner found the definition in the code book and it is defined as "retail sales
of previously used merchandise such as clothing, furniture, appliances, household
goods, sporting goods, recreational equipment, or other merchandise not
considered to be antique that is in decent condition or has been restored or
reconditioned to a clean and usable condition, This definition excludes pawn shops"
Comprehensive Plan Analysis:
The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan
components as listed in 5.1 through 5.1.7 with the addition of 6.3 for the allowed use
for offices and business professional that will only take place in the central business
district and 6.4 to amend the lighting modification to recommend gooseneck or halo.
Enter into MOTION: Commissioner Vance SECOND: Commissioner Page.
Passed: Unanimous roll call vote.
RECOMMENDATION: MOTION: Commissioner Vance that Case Number OA-17-03 be
approved with the following modifications: 6.3 for the allowed use for offices and
business professional that will only take place in the central business district and 6.4 to
amend the lighting modification to recommend gooseneck or halo.
SECOND: Commissioner Page.
APPROVED by unanimous roll call vote.
V. Planning Issues—
A. Mr. Billingsley introduced Carlos Soriano, he served on the Planning and Zoning
Commission a couple years ago as an alternate. He has put his application in to
serve on the Planning and Zoning Commission again and that will go before the City
Council next Monday evening. He will be the 5th and final member.
A. The next regularly scheduled Planning and Zoning Commission hearing is June 13,
2017.
VI. Adjournment
The meeting was adjourned at approximately 7:49 p.m.
MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-POMORANSKY ON THE DATE
NOTED BELOW:
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ATTEST: 6,2
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FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING.