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HomeMy WebLinkAbout6-15-1989 P&Z MINUTES s ' • • PLANNING AND ZONING CON�IISSION MINUTES Jt7NE 15, 1989 The regular meeting of the Canyon County Planning and Zoning Commission was called to order at 7:00 p.m, by the Chairman Ken Roberts, in the public meeting room of the Canyon County Courthouse, 1115 Albany Street. Members present were Dave Lenz, Wes Schober, Jerry Nichols, Dee Bowen, Wanda Groot, Jan Vinson, and George Tallabas. This meeting was held jointly with the Caldwell Planning and Zoning board, Members present of the Caldwell P& Z were Chairman Bill Free, Wanda Anthony, Les Carter, Tom Ensley, Ron Myers, Garret Nancolas and Chuck Randolph. Terry Durbin was absent. The public hearing was held jointly with the two Planning and Zoning Commissions on the proposed amendments to the Caldwell Industrial Airport Hazard Zoning Ordinance. The procedure for giving public testimony was explained by Chairman Roberts. Sylvia Robison, Caldwell Planning and Zoning director provided information on the request. She stated that in the mid '70's the Caldwell Airport was relocated from the west side of town to the present site. The new airport was constructed according to the "Master Plan" with federal funding. Since the initial construction, the Airport Hazard Zoning Ordinance was adopted by the City of Caldwell in joint jurisdiction with Canyon County since some of the property is in the county. This ordinance identifies zones where types of land uses would be restricted or limited, or would require sound control features and also zoned for height limitations in order to protect operation of the airport. In mid '80's, the Master Plan was updated by Hosac Engineering when the City applied for Federal Grants for the airport facility improvements. Since the contruction has been completed on the new runway, the proposed changes of the ordinance are not major, but more of a redefining of the boundaries of the various zones to comply with the new Master Plan. Ron Redmond, Caldwell City Engineer, explained the updated Master Plan of the airport while referring to the map of the airport that was displayed on the bulletin board for both the City and County Commission members. He was assisted by Jerry Olson, Airport Manager. Several questions were directed to the City Engineer by County Commission Members regarding the ordinance, avigation easements, effect on property at the present time, clear zones and restrictions of height and sound. A recess was requested at 7:25 p.m, by the County Planning and Zoning Commission. The meeting was called back to order at 7:35 p,m. by Chairman Roberts. The Chairman asked if there were any more questions. Additional questions from the County Commission Members were answered by Ron Redmond on the clear zones, airport operations proper, height limitations, the runway and taxiway separation, and property acquisition. The Chairman asked if anyone from the audience wished to offer any public / ♦ _ � - • testimony on the request. With no audience participation, the Chairman asked for a motion. � Wanda Groot moved to recommend the proposed amendments to the Caldwell � Industrial Airport Hazard Zoning Ordinance to the Canyon County Coirnnissioners. The motion was seconded by Nichols. Motion carried with one , abstention vote cast by Jan Vinson and one vote in opposition cast by Dee Bowen. The Caldwell Planning and Zoning Co�nission resumed their meeting at 7:50 p.m, in the adjacent meeting room of the Canyon County Courthouse. The first item of business discussed was on the proposed amenc�nents to the Caldwell Industrial Airport Hazard Zoning Ordinance. This discussion was after the public hearing and testimony that was taken by the County Planning and Zoning Commission and after the County Connnission had voted to forward their favorable recommendation on these proposed amendments of the above mentioned ordinance to the Canyon County Commissioners. Tom Ensley made the motion to recommend and forward the proposed amendments to the Caldwell Industrial Airport Hazard Zoning Ordinance to the City Council. Les Carter seconded the motion, Motion carried. The next item of business was for approval of the minutes of the regular meeting held on May 18, and the special meeting that was held at noon on May 24th respectively. , Garret Nancolas moved, seconded by Wanda Anthony, to accept the minutes of May 18th meeting as printed and distributed. Motion carried. Tom Ensley moved, seconded by Garret Nancolas, to accept the minutes of the special noon meeting held on May 24th as printed and distributed. Motion carried. The last two items on the agenda were public hearings and the procedure for giving public testimony was explained by the Chairman. The first public hearing was filed jointly by the Greenbelt Civic League and the City of Caldwell for a special use permit for the greenbelt park to be established on property located generally between the Boise River, Centennial Way, West Chicago Street, and the I-84 Boise River Interchange. The property described above is in the R-2 F T Zone, which is medium density residential in the flood plain and the mobile home overlay zones. A park is being considered as a public/semi public use in the land use schedule and this use requires a special use permit in all zones. A recent boundary survey of the property shows the part that is being considered and that part is the property that lies between Chicago, Centennial Way, the Boise River, and the I-84 Boise River Interchange. These properties are identified as greenway on the City's Comprehensive Plan. The Plan also discusses the desirability of parks and these types of uses in the flood plain area. The public hearing portion was opened to the public. Participating in the public testimony was Bill Gigray III of 1523 Dearborn Street. Mr. Gigray said he was president of the Greenbelt Civic League, Caldwell, Inc., who is one of the joint applicants on the special use permit application. He . � � ! � -3- said he would like to speak in behalf of the application and that there is a master site plan of the development for the park. Sometime ago Gigray said he appeared before this Co�nission in regards to the special use permit application submitted by Mr. Hardy for storage units to be built on part of this property that he then owned. It was this application that got the Greenbelt Organization moving quickly into negotating for the purchase of Mr. Hardy's property. Since that time, Gigray said, they have purchased all of the property located in the proposed area for the park and that they have deeded it back to the City of Caldwell with the restriction that it be used for recreational and park purposes. On the site plan it shows all the property that is owned by the City of Caldwell, with the exception of the parcel that is denoted on the site plan in a darker color, and this parcel is �, known as the Bequeath property. The reason for this exception is that the Greenbelt Civic League still owns that particular piece of property and that is the reason that they are a joint applicant in this special use permit request. This property has been purchased on a contract of sale and there is a lien held on a portion of the Bequeath property. The money has been tendered for the purchase, but part of that money is being held in escrow pending their clearing of the lien. Once the lien is cleared, then the money will be paid to them and the deed will be final. This transaction is being handled in this way to protect our interest in case something would happen to the lien; then we would have funds to back the bank and get it released; and that is the reason for the dual ownership. Jensen and Beltz Landscape Architects prepared the master plan and what is proposed to be done is to turn the 15 acre site into a park along the river front. The parking area that was made on the former Hardy property seems to be used by most people using the greenbelt. There is a tremendous potential for this area in the future with the connection to Highway 15, Interstate 84, and the amount of traffic on Centennial Way, to have as an entry way park to the greenbelt. It is the most visible part of the greenbelt from a traffic standpoint. Gigray continued by saying there has been tremendous support from many foundations in this community, including the Whittenberger Foundation, who has been providing funds to assist in land purchase and development of the park. Also received has been a PIC Grant, as well as the City's havingreceived their own PIC Grant. In addition, a crew of five people will be working on the greenbelt all sur.imer, so everything seems to be ready to start some development. Gigray said a 16 x 20 foot joiner Cabin has been given to them through the Centennial Commission. A foundation will be started on site and they have the logs. The crew with the designers and builders of the joiner cabin will be doing the construction. This project will be completed this year. Also scheduled for the two year project is the initial pathway along the edge of the river to get away from the Riverside Canal, and they are negotating with the Seabees to provide assistance in land moving in order to get the site ready. The present parking area will be moved down along the edge of Chicago Street. A planting buffer is planned between Chicago Street and the parking area to provide delineation of the traffic and park from the neighbors across the street. Also provided for is an amphitheater, a memorial entry way, a playground, and picnic areas. The remaining area closest to the floodway will be left as wild habitat. A platform may be placed adjacent to the river to allow people to fish from. Gigray said an application for a federal grant had been applied for to help with the restroom facilities. This grant is administered by the Land and Water Conservation Fund and negotations are being done with them; since the property is being purchased on contract of sale, rather than having a deed, . • • . -4- they are concerned legally. The grant, consisting of $14,000 of matching funds, had already been granted by the Land and Water Conservation Fund. Gigray said he believed that this project is not only something that will benefit the community, but will enhance property values in the area if developed as proposed. Also, if the river is not maintained, this area could be a dumping ground, especially if the county shuts down the Parma dump. The increased costs of taking things to the Canyon County dump may go up. The long range plans include looking at the City pond across the river. This will be a wonderful fishing hole and the City pond area would work well with the greenbelt park. Gigray said a lot of time has been spent toward purchasing the land and now work can be started on developing it. Brent Packer of 3515 South Wisconsin. Mr. Packer said he would be speaking in behalf of his brother who is a property owner across the street from this area, Because of his brother's job, he could not attend this public meeting. Mr. Packer said that all of the public meetings concerning zoning it seems to always center around property values, however, he and his brother do not know what affects that except that allowing this permit to change improvement could only enhance the property values in the area, so they are in favor of this as both families do use the greenbelt and enjoy it. The greenbelt is a benefit to the citizens of Caldwell. With no further public testimony given, the public hearing portion was closed. Les Carter moved that a special use permit be granted to the Greenbelt Civic League for the Greenbelt Park to be established on the above referenced property. Tom Ensley and Wanda Anthony seconded the motion. Motion carried with one abstaining vote cast by Ron Myers as he is a member of the Greenbelt Civic League. Chairman Free mentioned the fact that a request for a rezone had come before the Commission for another type of project and it was at that public hearing it was brought out that there were folks caring about this area and would like to have the property as part of the greenbelt. Gigray stated that it was a pleasure to come to this meeting as he remembered the situation that they were in before, and that this is the fruition of the other request as the greenbelt is moving along a lot faster. The next item on the agenda was for the public hearing on a variance requested by Marvin Bedient to construct two adjoining two car garages on property located on private lane at 1000 N. Illinois Avenue. Sylvia said Staff had looked at the property and there are provisions in the code to allow construction on a private lane. The way this property is situated it is doubtful that full right of way could be obtained to get back to it. It should be noted that approval of the variance should be subject to �:<�_ the Building Offical approving the plans for the two-car garage. The property is zoned R 3, but when Mr. Bedient purchased the property he thought it was zoned Co�nercial; probably because historically there had been a�iauto repair garage along Illinois, which used to be a State highway, and he had planned to repair cars there. Under the R-3 zone the repair of cars would not be possible. There is a mobile home on the property and he would like to place another mobile home on the property. The request to build the garage . � � • � -5- would serve both mobile homes, and with this arrangement it would be appropriate to have an affadavit of non separation of ownership for the property. Also, a neighbor has expressed concern that she had no objection to a garage being built as long as it was not used as an auto repair shop. The public hearing was advertised in the newspaper and nearby property owners were notified of the request. Chairman Free read the Staff report (copy on file), then he opened the floor to take public testimony on the request. With no public testimony given, the public hearing was closed. Tom Ensley moved, seconded by Chuck Randolph, to grant the variance requested to build the two car garage subject to the stipulations stated in the Staff report, more specifically, the affadavit of non separation of ownersip of the property and that the plans submitted for the building would meet the approval of the Building Official and Planning and Zoning Director, and that the building would be used for private use and not as an auto mechanic shop. Motion carried. Sylvia reminded the Commission members of the special noon meeting that will ' be held on June 28, 1989, for three public hearings. With no further business the meeting was adjourned at 8:30 p.m. Respectfully submitted, Leona L. Nix Secretary pro tem