HomeMy WebLinkAbout4-18-1985 P&Z MINUTES r
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PLANNING AND ZONING COMMISSION MINUTES
APRIL 18, 1985
The regular monthly meeting of the Caldwell Planning and Zoning
Commission was called to order at 7:30 p.m. by the Vice Chairman
Bill Free in the absence of the Chairman John Pilote. Members pres-
ent were Barbara Pollard, Doyle Mecham, Monte Munn and Tom Ensley.
Barbara Pollard made the motion to dispense with the reading of the
minutes of the last meeting and to approve the minutes as printed.
The motion was seconded by Monte Munn. Motion carried.
The first part of the meeting was the public hearings. The procedure
for audience participation for giving public testimony was explained.
The first public hearing was on a variance request to place a mobile
home on a private road off West Chicago for David Marker. The Citv
Council had granted an emergency permit for a mobile home at this
location for Mr. Marker's mother for health reasons in 1981 The
mobile home was there for three years and then it was taken off the
site. There is a septic tank and water was provided from a private
well. They have requested to place a mobile home back on the pro-
perty to be rented out. They had obtained a�5-day temporary permit,
but now they want +o stay on a permanent basis. They feel they I
have spent a substantial amount for power for the mobile home. The ,
condition of the original permit stated that the mobile home could '
stay as long as the emergency existed, provided it was removed or ,
that the code requirements were met to stay there. It is not in the I
T mobile home overlay zone. Only the corner of the property falls
within the T individual mobile home overlay zone. Also, it is not
served by a public right of way. The houses and other mobile homes
in the area are on private lanes. The Southwest Health District has
recommended that no more septic tanks go in the area because of the
private wells, and there is sewer available to the property. In
order to rectify these problems and meet code requirements they have
requested a variance to relocate on a private road.
�.iblic testimony was opened for audience participation.
Casey Bequeath - speaking in behalf of his father who owns land in
the area, said that the lane that has been used to get to the mobile
home is a private lane owned by the Bequeaths and, although they
did not object to the mobile home, did not want to give any right of
way to the occupants.
The only testimony offered was from Mr. Bequeath and no written
correspondence was received. The public hearing was closed.
After a brief discussion about access to the mobile home and since
: Mr. Marker was not present at the meeting to convey his intentions
for access, the Commission decided that more information was needed.
Barbara Pollard made the motion, seconded by Monte Munn, to table
the request and discuss it further when more information about a
definite access and legal requirements were obtained. Motion carried.
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The next item on the agenda was for a special use permit for a I�
truck and parts storage wrecking yard at 2718 East Chicago. The i,
owner of Andy's Truck Sales requested a special use permit for stor- I
age and salvage use of truck parts, which are taken from inoperable l
trucks that have been taken in on trade, so it would be classified
as a wrecking yard. In 1977 this area was zoned M-1 light industrial; I I
prior to that time the land fell in the F general use category, ex-
cept for a few properties on 21st and Chicago which were zoned ind-
ustrial. At this time it is a mixed use area, with houses along
Chicago, Idaho Meat Packing Plant, feed lots, agriculture and vacant
land. Residences now are a special use in this zone. There is a
T mobile home overlay for 300 feet on each side of Chicago.
Public testimony was opened for audience participation.
Rae Easterling - She and her husband own and operate Andy's Truck
Sales located at 21st and Chicago and have the supplementa_1 lot
located at 2718 East Chicago, which is the property for which they
are applying for the special use permit. They own approximately
10 acres at this location. They deal in the sale of used farm type
trucks to the heavy duty diesel trucks and trailers. They take trade-
in on trucks and, if a vehicle is deemed inoperable, they salvage
the parts that can be used. This enables them to have parts on hand
at a reasonable cost. They are conscientious about the way they op-
erate their business and are not creating unnecessary noise, fumes,
odors or traffic problems. They feel that the use requested for
this property of light industrial zoning of' truck sales is permitted
and the stora�e area is to be used in conjunction with the other
business.
Bud Yost - attorney representing Mr. and Mrs. Easterlin.g, spoke on
the usage of their property. They live on the property and have
spent a considerable sum of money making improvements on their prop-
erty. The Easterlings have built buildings to house the parts, and
when vehicles are taken in trade after dismantling of salvage parts
the remains will not remain there for any length of time like a
wrecking yard, but will be removed. A few permitted uses for the
area would be a railroad shop, truck and tractor repair, terminal
yard trucking and these permitted uses perhaps would be objectional
to these same neighbors. The Easterlings keep their property well
cared for and have put up fencing and are willing to comply with
whatever requirements the city wants as far as site screening. They
want to be good neighbors and are willing to do whatever necessary
� to maintain a clean and orderly neighborhood.
Von Russi - Rt. 3, Box 337, Caldwell, was born and raised in Caldwell
and familiar with Indian Creek and feels that allowing junk yards
in this area will decrease property values. Mrs. Russi doesr�'t
like to look out her window and all she can see is big ugly trucks.
She has a petition signed by property owners in the area that do
not want a junk yard and she would like to see the area from Caldwell
to Nampa on the north side of the railroad tracks a greenbelt area.
Eligene Stinemetz - 2715 East Chicago, said he didn't have anything
against the Easterlings, but opposes the junk yard. They built
their home 26 years ago to retire there.
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Ernest Wilson - Chicago Street, Mr. Wilson hasn't had any hard !,
feelings with �he Easterlings, but he doesn't like the junk yard. '
Susan Nielsen - 322�� and 332� the new owner of 8 acres at the
far end of Chicago Street, said she purchased the property to
retire and have animals and not to look at trucks. Ms. Nielsen
does not know the Easterlings.
Chris Blevins - she rents a space from Russi's for her mobile home
across the street where they are putting the trucks and she doesn't
like looking out her window to see a bunch of trucks and junk.
Ralph Russi - lives across the creek from where the junk yard is
going in. He would like to see a semi-conductor industry like Zilog
or some other industry that would be good for the City, that would
raise property values. Photos of the propert.y taken by Mr. Russi
were presented for viewing. Mr. Russi said he had talked with qual-
ified estimators and in their opinion stated that a junk yard would
definitely lower the values of th� property.
Kent Russi - owns and operates Von Ruse Marble across the street,
which is in a light industrial zone. He said that the wrecks or
remains of vehicles salvaged have remained for more than 6 months.
Mr. Russi read the petition that stated wry the special use permit
should be denied. Such a permit would de-value the land and create
an eye-sore and the land should be kept for good use.
Scott Pasley - attorney representing Mr. and Mrs. Russi. The Russi
family own and make their home on the property and have resided there
since 197g and oppose the special use permit not for the sake of
being disagreeable, but are generally concerned about the injurious
i effect a junk yard or wrecking yard will have on their property
and the neighborhood. Mr. Pasley stated that thP critical and con-
trolling standard is set out in Section 6-�-4(A) of the zoning ord-
inance and that the Commission's rima focus must be on the im act
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that a junk yard will have on the neighbors, their families and prop-
erties. Should the Commission find that a junk yard or a wrecking
yard would not cause any damage, hazard, nuisance or other detriment
to persons or property in the area, then they are probably free to go
ahead and grant the special use permit application subject to whatever
other conditions that are deemed appropriate, and if the Commission
finds that a junk yard or wrecking yard would cause damage, hazard,
nuisance or detriment to neighbors or their property then the Commission
must deny the special use application. He read an excerpt from a
treatus on zoning taken from Robert M. Anderson's five volume work
entitled American Law of Zoning. Mr. Pasley feels that Caldwell and
Canyon County doesn't need another jur�k yard, and if they do, keep
them in more suitable areas where they will have the least negative
consequences and will not effectively destroy existing neighborhoods.
Two letters were received and read into the record. The letters
were from Manuel and Petra Mercado of 3123 Chicago, in opposition
of the special use permit and the use of the property, and Elizabeth
E. Hayes, Rt. 3, Caldwell, in support of the special use permit.
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Telephone calls were received from Mr. and Mrs. Almon Linze and �I
Debbie Sparks asking that their names be removed from the petition. '
A s there were no further testimony given, the public hearing was
closed.
Staff�s analysis was a description of the area, the uses in the area
and designation of Chicago as an arterial with an anticipated right
of way width of 80-feet. Chicago is planned to be a Farm-to-Market
road that goes th�ough Caldwell. A widening improvement off Chicago
is planned in the future. Any recommendations the Staff would make
would have to be subject �o testimony received and reviewed by the
Commission to make a dete�^mination whether or not it will cause any
damage, hazard, nuisance or detriment to persons or property in the
vicinity. If the permit would be approved, it would be with con-
ditions that all of the area for the salvage would be screened with
an 8-foot non-vision fence and if there is any fencing along Chicago
for security purposes for any of the trucks on display, it would be
with a vision type fence.
After a discussion, several members of the Commission expressed they
felt it necessary to visually look at the area before taking any
action in making a decision.
Ba.rbara Pollard made the motion to table this decision until the
next regularly scheduled meeting in order that the members of the
Commission can make a visual inspection of the area. The motion
was seconded by Doyle Mecham. Motion carried.
The Commission decided to set a date at a later time for the viewing.
The next item on the agenda was a request from Val Feller for the
Chalet Amusement Center to change from single family residential R-1
to commercial C-�- freeway interchange commercial and a Comprehensive
Plan and zone designation for commercial use C-� for 1.57 acre parcel
directly east of the Chalet upon annexation. Mr. Feller owns the
Chalet and also has a parcel that is not in the city limits that is
being considered for annexation. When the Comprehensive Plan and
zoning were set in 1977 and 1g78 Mr. Feller's property was designated
for single family residential even though a commercial use existed
for many years. There is a section of C-4 freeway interchange comm-
ercial across the interstate which is Bob Nicholes service station.
Also, there is an access which comes off that interchange and goes
into South Florida. His request was that we amend the Comprehensive
Plan and the zone designatior for commercial use and to be annexed
commercial so he can expand commercial uses onto this property. The
City Council has given a tentative go ahead on overseeing projects
of getting sewer to that side of the hill which will help resolve
some of the problems.
The Commission set a public hearing on these requests for May 16,
1985.
Item ,�3 was a request for a Comprehensive Plan change from medium
density residential to frame and service commercial and zone des-
ignation of C-3 service commercial upon annexation of 35 -acres
located at the southeast corner of the intersection of Lake Avenue
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and Ustick Road and a special use permit for a mobile home park
for the aforementioned parcel. Dennis King with J.U.B. Engineers �
has assis�ed with the plans for sewer and water. Two analyses have �
been made of the sewer alignments going to the property so they
know they can service the property.
A public hearind was set for May 16 1985 for the request on the
Comprehensive Plan change, zone designation change and a special
use permit.
The next item for the appointment of a Subdivision Ordinance Revision
Committee was postponed until the next meeting.
The last item was a request to expand the special use permit for
the KinderCottage at 1g23 Cleveland Boulevard. Their plans are
to e�and, keeping the day care center in the same building and
obtaining the residence next door for a pre-school for children
and operate from 9:00 a.m. to 11:30 a.m. in the morning and in
the afterncon from 3:00 p.m. for the school age children, kinder-
garten and above to age 10. This would keep the age groups of
the children separated and they feel it would work better.
Doyle Mecham made a motion, seconded by Tom Ensley to expand the
special use permit to allow the use of the property next door for
the pre-school and school age children. Motion carried.
Monte Munn made the motion, seconded by Tom Ensley that the meeting
be adjourned. Motion carried.
The meeting was adjourned at 9:�-3 p.m.
Respectfully submitted,
Leona Nix
Secretary pro tem