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HomeMy WebLinkAboutMinutesr r PLANNING AND ZONING COMMISSION MINUTES Meeting of April 6, 1995 Present: Dorothy Davidson, Sonia Huyck, Terry McConnell, Rick Wells Absent: Madeline Buckendorf, Bettie Pilote Staff: Dennis Crooks, Liz Yeary The regular meeting of the Planning and Zoning Commission was called to order by Chairman, Rick Wells, at 7:15 p.m. in the City Hall Council Chambers. The first item of business was approval of the minutes for the meeting of March 16, 1995. Terry McConnell made a motion to approve the minutes. The motion was seconded by Sonia Huyck and passed unanimously. The next item was approval of the minutes for the special meeting of March 28, 1995. Since the Recording Secretary had been notified by Commissioner Buckendorf that certain items may have been omitted from the Minutes, it was agreed to consider them for approval at the next regular meeting on April 20, 1995. Before the public hearing section of the agenda, the Chairman outlined the procedure for those present. The first item of public hearing concerned an item continued from the January 16, 1995 meeting agenda involving a proposed Amendment to the Caldwell Zoning Ordinance concerning farm animals and their offspring, and household pets within the incorporated limits of the City. Dennis reviewed what had taken place at the previous hearing, and stated that a preliminary draft ordinance had been prepared for the consideration of the Commission. All those who testified previously also received a copy of the draft ordinance. Prior to the meeting, a list of definitions or terms had been prepared which was circulated to the Commission and other interested parties. Dennis commented that an area of difficulty was differentiating between items which were more appropriate for the Zoning Ordinance and those issues covered by the Animal Control Ordinance, and he asked the Commission to include in their consideration whether the animal Control Ordinance should be amended concurrently. In response to a query from Rick, Dennis said that there had been several reports of chickens being kept on property within city limits. Public testimony was provided by the following individuals. John Tegge opposed any farm animals within City limits, including goats, chickens and any kind of pigs. Dee Burkhart, of Sandhollow, is a potbellied pig breeder and testified to their intelligence and suitability as domestic pets. In her opinion, the pigs do not get much more than 85 lbs. if they are MINUTES P8Z 4-6-95 Page 1 properly cared for. She also stated that there is a registration program for the pigs which would be a useful tool in controlling cross breeding, and finding owners of errant pigs. She felt the proposed ordinance was fair. Dan Erskine testified in opposition to restricting farm animals and asked that a fraction of land could be included in the measure. He suggested item "J" be amended to allow for small commercial enterprises. He suggested a "K" section, in the case of uses prior to this amendment the continued use will be allowed as a use provided it does not lapse for a period not to exceed 12 months. In response to a question, Dennis stated that a person selling puppies or kittens from a litter is not considered a commercial breeding operation. Grandfather rights for nonconforming uses is addressed in a separate section of the Zoning Ordinance but a clause could be inserted in this section if appropriate. Jan Zimmerman, Director of Animal Control for Canyon County, testified in support of the ordinance. She particularly agreed with the restriction on numbers of animals in city limits in view of the difficulty for people to take care of different types of animals in addition to busy lives. In response to a question from Dennis, Ms. Zimmerman said that to include potbellied pigs in the registration program would require an amendment to the Animal Control Ordinance but she did not think it would be a major fiscal burden. She felt it was appropriate to register the pigs with the shelter. She agreed that the Animal Control Ordinance should be amended at the same time. Nancy and Gerald Curry testified in opposition to any change in current zoning regulations concerning farm animals and in favor of more enforcement against farm animals in city limits. Mr. Curry stated that grandfathered rights should apply to specific animals and once the animals are reduced through attrition they should not be replaced by more animals. Bill Uhl spoke on behalf of potbellied pigs describing their habits and their disposition as household pets. He had no problem with the proposed ordinance. There is a national registry for potbellied pigs. The public testimony portion of the hearing was then closed. Rick commented that he feels there needs to be more information, particularly with regard to wild animals and he welcomed suggested definitions. Sonia agreed with Rick, stating that we need to work with Animal Control to avoid any enforcement problems and also address chickens and other fowl. After some further discussion, Terry McConnell offered a Motion to continue the item to a future date to enable the City to work with the Animal Control to produce a satiable ordinance. All people who testified and others who have expressed interest will be notified when it is set for future public hearing. Staff will also seek approval from Council to initiate amendment to the Animal Control ordinance. Dorothy Davidson seconded the Motion. MINUTES PSZ 4.6-95 Paee 2 r ROLL CALL VOTE. Those voting yes: McConnell, Davidson, Huyck. Those voting no: None. Absent and not voting: Buckendorf, Pilote. None. MOTION CARRIED The next public hearing involved a request to allow the installation of a 48 sq.ft. illuminated sign which exceeds the 32 sq.ft. permitted maximum, on property located at the northeast corner of Taft Street and N. Illinois Avenue (Sacajawea School) in the R-1 (Single Family Residential) zoning district. The applicant was Gary Vance of Superior Signs on behalf of Sacajawea School. Dennis explained that the School District had received a Special Use Permit to construct and operate a school at the location in 1989. He identified the site and site plan on the overhead. Gary Vance appeared on behalf of the applicant explaining that the larger sign is requested to be able to address the aesthetics of the sign and still have reasonable area to display events etc. He explained the sign was proposed to be placed a considerable distance from the property line. In response to a question from Rick, Mr. Vance said that if the sign area were reduced the capacity on the readerboard portion of the sign would be reduced which would make it ineffective. The illumination of the sign would be extinguished at 10:00 p.m. when the school lights are extinguished. In response to a question from Dorothy, Mr. Vance said that if the sign were flush mounted on the building it would be 75' to 100' from the street and virtually unreadable. Don Roblyer stated that he lives directly opposite the sign on N. Illinois and asked for clarification of the request. Dennis said that a non -illuminated 32 sq.ft. sign 10' from the property line is permitted without any kind of hearing. In answer to a question from Rick, Mr. Roblyer said that the proposed setback of 45' is better than a 10' setback. Dennis explained the nature of internal illumination and the opaque nature of the proposal. Mr. Vance said that the sign will not face the residences but will be perpendicular to the road. The public testimony portion of the hearing was then closed. Terry commented that with the information provided by the applicant, he felt the sign would be appropriate, particularly in view of the increased setback and the placement in relation to the right-of- way. Dorothy offered a Motion to approve the Special Use Permit according to the terms and conditions suggested by Staff, finding that there will be no damage, nuisance or detriment because of the increased setback. Sonia seconded the Motion. ROLL CALL VOTE. Those voting yes. Davidson, Huyck, McConnell. Those voting no: None. Absent and not voting: Buckendorf, Pilote. None. MOTION CARRIED MINUTES P&Z 4-6-95 Page 3 Madeline Buckendorf then offered a Motion to deny the permit based on finding that the plans and proposal are unclear, the size of the signs and the number of the signs, the extent of departure from the Code being requested, that the signs would be detrimental to surrounding properties and the economic benefit to the community is negligible and short term and in fact could be an obstacle in attracting new business and industry to the City. Sonia Huyck seconded the Motion. ROLL CALL VOTE. Those voting yes. Buckendorf, Pilote, Rivers, Davidson, Huyck, McConnell. Those voting no: None. Absent and not voting: None. MOTION CARRIED The second item of public hearing was a proposed amendment to the Caldwell Zoning Ordinance concerning farm animals and their offspring, and household animals, within the corporate limits of the City. Dennis explained that the Planning and Zoning Commission at its meeting of November 18, 1993, initiated the amendment in order to address the definition of cow/calf pairs or adult farm animals. Subsequently, the Staff was approached by the Potbellied Pig Association to have those animals classified as part of the definition of household pets. Dennis reminded the Commission that, in this instance, a Code Amendment is something which deals with all properties in the City and standards to be applied to all properties within a City even though some of the testimony might be related to a specific location. Dennis also indicated that the expectation of this evening's hearing was to receive public testimony and with that input help prepare a more definitive ordinance or document for consideration at a later date. A letter was received on February 2 which was circulated to Commissioners objecting to including potbellied pigs in the definition of household pet primarily because of a question of odor. Marty Stufllebeam of 904 N. Illinois stated that he had received a Special Use Permit to have the cow -calf pairs which had generated the initial discussion and amendment. He had contacted Fred Schley at the Bureau of Land Management who consider cow -calf pairs as calves becoming mature around 10 months rather than six (10 months being the natural weaning age). Smaller farm animals equate to large animals at a ratio of five sheep = one horse or cow. Jan Zimmerman, Animal Control Shelter Manager, agreed with Mr. Stufllebeam, supporting the concept of one large animal or equivalent per acre. Ms. Zimmerman enforces the Animal Control Ordinance under contract with the City and said there have been problems with pigs and rabbits this past year. She stated that potbellied pigs are an exotic animal and should be spayed or neutered, have health certified vaccination records, be licensed, and not to exceed 100 pounds. They should be limited to not more than three per household and identifiable with collar or tag. Any ordinance should also address cleanliness of property since pigs will eat anything and produce foul odor. Ideally, pellets provided for such creatures should be the sole sustenance. MINUTES P8Z 2-2-95 Page 4 r r In response to a question from Madeline, Ms. Zimmerman said that they really are not different from the problems a dog causes. In response to a question from Dorothy, she responded that pigs can get vicious. Ms. Zimmerman also asked for some language to address butchering of animals within city limits and commercial kennels. She recommended four rabbits to a household, with a baby rabbit considered as a one or two month old animal. Ms. Zimmerman expressed support for the enhancement of the ordinance and offered assistance. Nancy Curry of 918 N. Illinois spoke in opposition to farm animals within City limits, citing odor and groundwater contamination. She did not want the ordinance changed to allow cow -calf pairs. Lynette Uhl testified as the person who had requested a Code Amendment to address potbellied pigs. She agreed with the suggested standards, stating that the pigs are very clean and trainable, are not vicious and use a litter box. She felt they should be treated the same as dogs in terms of numbers per household. Gerald Curry of 918 N_ Illinois testified in opposition to any change in the Code, citing a need to enforce the current Code. He did not agree using the Bureau of Land Management (BLM) standards for the City since the BLM is a rural agency. He agreed that all pets should be spayed or neutered and that kennels should be regulated and inspected. Dan Erskine of 3104 S. Montana expressed concern about his farm property which is situated in the County but which is due to be annexed into the City. He stated that problems of odor concerning animals arise in the way animals are maintained. Francis Jewett of 403 Hill expressed concern about his farm property. He agreed with Mr. Erskine regarding the need for good management of property to avoid neighborhood problems. Bill Pilcher, DVM, of 1207 Savannah, spoke as a veterinarian, agreeing that the suggested standards seem fair. He stated that part of the quality of life in Caldwell is its rural flavor but that things have to be kept under control. He said that the majority of complaints are that animals get loose and cause problems with neighbors. He advised of other animals he has come across in his practice which could cause problems, such as badgers, raccoons, wolves, and bobcats. These are wild animals and while they are illegal to own in other states there are no restrictions in Idaho. Part of the problem is that there are no approved vaccinations for wildlife. In response to a question from Rick, Dr. Pilcher suggested wording such as wild life indigenous to the State of Idaho, allowed by State or Federal statute. He also asked to see a draft of the ordinance when it is prepared, and offered assistance. Mr. Curry requested permission to add a final comment. He referred to a conversation he had with Robert Hobbs of the City of Boise about their definitions. He gave a copy of the draft Boise ordinance to Staff. Sonia asked Dennis if cats would be included in the review, but Dennis replied that in communicating with other agencies their experience showed it was impossible to regulate cats. Dennis commented that zoning ordinances are not generally retroactive and properties being annexed into the City are exempt from zoning regulations, such as the number of animals on a piece of MINUTES P&Z 2-2-95 1 ie " property. Staff are attempting, for the convenience of property owners, to ascertain numbers of animals on properties annexed and that such information is retained in the annexation file. There is a proviso that should such a property be reported subsequently as not being managed appropriately, problems of odor or flies, the matter can be addressed under other animal control or nuisance ordinances. Bettie thanked those that had taken the time to give testimony stating that the hearing had been positive and productive. After some further discussion and comment, Bettie Pilote offered a Motion to continue the Code Amendment until April 6. Dennis agreed to notify all those signed to testify and any others who had signed on a mailing list. Madeline Buckendorf seconded the Motion. ROLL CALL VOTE. Those voting yes: Pilote, Rivers, Davidson, Huyck, McConnell, Buckendorf Those voting no: None. Absent and not voting: None. MOTION CARRIED In reporting on City Council action, Dennis stated that a joint Council/Planning and Zoning Commission Transportation workshop had been held and a Transportation Subcommittee had been formed. There would be two City Council members, two Planning and Zoning Commission members and representatives of City staff. The first item will be to work on updating the Transportation Component of the Comprehensive Plan to address the Area of City Impact. The Commission should designate two commissioners to serve on that subcommittee. After some discussion, it was decided that Dorothy and Terry would represent the Planning and Zoning Commission. Dennis outline some possible future agenda items. There being no further business the meeting adjourned at 10:30 p.m. Respectfully Submitted, Liz Ye , ary� Rick Wells Recording Secretary Chairman MINUTES P&Z 2-2-95 Page 6 Book 36 Page 25 EXECUTIVE SESSION February 6, 1995 5:30 p.m. Pursuant to Idaho State Code, Section 67 2345, an Executive Session was called to order at 5:30 p.m. for the purpose of meeting with Mike Moore, Attorney at Law, pertaining to pending litigation. The roll of the City Council was called with the following members present: Nancolas, Langan, Carpenter, Raymond, and Earl. Absent: Houchins. Also present: Michael Moore, Attorney at Law; Robert McCammon, Claims Specialist; Paige Parker, Attorney at Law. After their discussion regarding pending litigation, no action was taken by the City Council and the Executive Session was adjourned at 6:00 p.m. Council convened into a Pre -Council Meeting at 6:00 p.m. REGULAR MEETING February 6, 1995 7:30 p.m. The Meeting was called to order by Mayor Winder. The Mayor requested that everyone stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the Madeline expressed concern about the size of the play area, but Dennis explained that the play area is simply the area where the play equipment is. There are several other open green areas which could also be used for outdoor activity. Rick Wells agreed with Dennis concerning the play area but expressed some doubt about the necessity of a fence/barrier on the slope. However, he was agreeable to leaving the fencing materials decision to the applicant and staff to work out. After some further discussion, Rick Wells offered a Motion to approve the Special Use Permit with the suggested terms and conditions but with the following amended conditions: 5. A storm water drainage plan, to include an assessment of irrigation water return, shall be required and submitted for the review and approval of the City Engineer. 7. That a minimum of 1.8 off-street parking spaces per dwelling unit shall be required with the understanding that more spaces shall be provided if possible without jeopardizing the integrity of the site design. 8. That the project shall require a revised interior circulation plan to include consideration of a hammerhead turnaround in an effort to eliminate dead-end parking lane(s), improve internal traffic flow and emergency vehicle access. Said re -design shall be subject to the review and approval of the Planning and the Fire Departments. 11. That the applicant shall remove any weeds, debris including undesirable vegetation from within and adjacent to the Wilson Drain Channel. Additionally, a security or restraining fence or other form of security barrier approximately 36 to 48 inches in height shall be installed at or near the top of slope of the east side of the drain with the final design subject to the approval of the Planning Department. Dorothy Davidson seconded the Motion. ROLL CALL VOTE. Those voting yes: Wells, Davidson, Higdem, Buckendorf. Those voting no: None. Abstain: McConnell. Absent and not voting: Pilote. M0110N CARRIED The next item on the agenda was a miscellaneous item added in response to a notice of hearing from the Canyon County Planning and Zoning Commission which Staff had brought to the attention of the City Council who had directed Dennis to bring it to the Planning and Zoning Commission. The hearing concerned an application to Canyon County for an amendment to the County Zoning Ordinance that would allow dairies to be located immediately adjacent to city limits or a platted subdivision. Currently, such facilities are required to locate at least one mile from a residential subdivision or a city. There is no indication in the Notice how a dairy is defined and such an amendment would prove an obstacle to utility service extension and annexation. Madeline Buckendorf agreed with Dennis that Staff should go to the meeting and find out more information. She said that modem dairy facilities, which are large industrial agricultural complexes, are far different from old country dairies, and are a source of groundwater contamination, and heavy water use. She asked if a Resolution should be taken to the County expressing our concern. MINUTES PH 10-20-94 Page 6 L Dennis said that he would attend the meeting and find out more information. Madeline Buckendorf offered a Motion to have Staff prepare a Resolution for the Chairman's signature which expresses the concern about the request, the need for a definition of a dairy and the appropriateness of a location next to a city boundary or residential area. Rick Wells seconded the Motion. ROLL CALL VOTE. Those voting yes: Buckendorf, Wells, Davidson, McConnell, Higdem. Those voting no: None. Absent and not voting: Pilote. MOTION CARRIED Dennis commented on items acted upon by Council. He advised the Commission that the Canyon County Board of Commissioners had adopted the Area of City Impact boundaries for the City of Caldwell. The next step is to adopt an ordinance which explains the administration of the area. He also reminded the Commission that a joint work session between City Council and the Planning and Zoning Commission on Transportation issues has been scheduled for Monday, November 14 at 7:00 p.m. in the City Council Conference Room. A notice will be sent to the Commission nearer to the date. Rick Wells commented that he would like to see a concerted effort made to attract Micron to develop their expansion in Caldwell. Terry McConnell said that he would like to look at expanding areas of zoning for more high density or medium density housing in the City. With no further business the meeting adjourned at 11:30 p.m. Recording Secretary, Chairman, Liz Yeary MINUTES P&Z 10-20-94 Page 7 Tom Ensley