HomeMy WebLinkAbout10-17-1991 P&Z MINUTES ,�
• �ANNTNG AND ZONING COMMI�N
, MINUTES
Meeting of October 17, 1991
Pre�ent: Chairman Chuck Randolph, Rita Earl, Mary Hiqdem, Wanda
Anthony, B�b C�rpenter and Carlcs Ferreira.
Absent: Tom Ensley and George Banta '
The regular meeting of the Planning and Zoning Commission was
called to order by Chairman Chuck Randolph at 7:15 p.m. in the
City Hall Council Chambers.
The first item of business was the approval of the minutes for
the Planning and Zoning Commission meeting of September 19, 1991.
With no changes or additions offered by Commission members, Rita
Earl made a mation to accept the minutes as distributed. Wanda
Anthony seconded the motion. A vote was taken and the motion
passed unanimously.
The first public hearing encompassed two parts. The first was a
Comprehensive Plan land use designation of property undar
consideration far annexation located at the southwest corner af
Marshall Street and Ash Street. Also, a Zone Change from County
R-1 to City of Caldwell R-1 (Single Family Resiclential) or other
zaning classification deemed appropriate was considered for same
property location. This property is contiguous to the City
boundary on the south and east. Ron McConnell, applicant�.
Dennis explained the request and location of the subJect
property. Dennis stated that on October 7, 1991 the City Council
accepted the application from the applicant for annexation of the
subject property and directsd staff to begin the annexation
process. Dennis further stated that state law and the City of
Caldwell Zoning Ordinance mandates that prior to annexation of an
unincorporated area the Council is to receive a recornmendation
from the Planning and Zoning Commission regarding the proposed
Plan designation and the proposed zoning district classification.
Dennis indicated that this piece of property is contiguous to
City boundaries and therafore qualifies far annexation. The
subJect property consists of 10 acres and is currently
predominantly vacant and baing used for agricultural purposes.
The subject property currently has a City's Gomprehensive Plan
designation af low density residential because it falls in the
City's impact area. The property currently has a County zoning
designation of R-1 (Low Density Residential) and the
consideration for the Commission is to retain the Comprehensive
Plan designation and to recommend a City R-1 zoning
classification upon annexation.
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" Th� first person � offer public testimony w� the applicant, Ron
. McCannell, 16093 Marsin� Street, Caldwell. Mr. McConnell stated
that the annexatian of this praperty, s}lould it be further
�evelo�ed with a sub�ivision, would enhanG� the City and the
subject property due ta the ability ta connect to City servic�s
and higher standards af subdivision regulations. Mr, Mcconnell
turther stated that it is not the intent to change the zoning of
the property but move the same zoning classification from the
County to the City. He further stated that future pl�ns include
a two phase� project which would include 5 acres for each phase
with a total of 18 residential building lot;s. He stated that all
improvements and standards required by the City would be adhered
to, such as landscaping, street improvements, and undergrnund
utilities. He further stated that City sewer is not available to
this property at this time and a septic tank system will be used
until such time as Gity sewer is available.
The next person to offer public testimony was Charlotte
McLaughlin, 1103 W. Ash Street, Caldwell. Ms. McLaughlin stated
that her property is to the west of the subject property. She
further stated that she opposes the requests before the
Cammission because she fears that septic tanks and drain fields
may create problems, the traffic that those new residences will
generate and the irrigation problems that may arise.
The next person to offer public testimony was Craig Jeffs, 2323
Marshall, Caldwell . Mr. Jeffs stated that he is representing 14
home owners on Marshall Avenue and presented a petition signed by
those residents. Mr. Marshall read the contents of the petition
stating that the residents signing the petition are in opposition
to the requests because Marshall Avenue is not adequately
developed to support the development of the proposed subdivision.
Some of the reasons _qiven for this opposition were: Marshall
Avenue is a gravel street. Ash Street is relatively narrow and
does not easily sustain a two way traffic flow, current
regulations wauld only require paving of one-half of Marshall
Avenue, the construction of new homes would significantly
increase traffic on Marshall Avenue, particularly from the
subdivision to Linden Street, and increased traffic flow would
increase traffic dust along Marshall Street. The signed petition
was presented to the Commission as part of the permanent record.
The next person to offer public testimony was Jess Purcell, 2405
Marshall Street. Mr. Purcell stated that he also is opposed to
the approval of the requests before the Commission because
Marshall Street is unimproved. The residents have tried to
maintain the street with some kind of dust deterrent but the
additional traffic would cause an increase in the dust level.
He stated that the pavin� of Marshall Avenue wauld eliminate this
problem.
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� The next persan t�vffer� public testirnony w� Brian Ruehl. 2123
, Marshall Avenue. Mr. Ruehl stated that he also owns property on '
Ash Street, directly across the street fram the subject property.
He further stated that he has concerns regardinq the irrigation
distribution in the area.
Chairman Randolph asked Dennis to address the issue of the entire
annexation process. Dennis stated that the decision for
annexation of the property rests with the City Council, The role
of the Planning and Zoning Commission is to forward a
recommendation to the Council regarding a specific designation on
the Comprehensive Plan and a specific zoning classification that
would occur in the event the Council would elect to annex the
property. Dennis further stated that this property could be
developed under the Courity jurisdiction without annexation into
the City. Dennis stated that a benefit the City would have in
annexation of this property would be a higher devel.opment
standard.
Carlos asked Dennis if the City had any plans for improvements on
Marshall Avenue. Dennis stated that the future of Marshall
Avenue is uncertain but the residents have file a petition to
investigate the possibility of an LID to facilitate street
improvements an Marshall Avenue.
Chairman Randolph asked Mr. McConnell to explain the developers'
plans regarding septic tanks. Mr. McConnell stated that the
permit process through Southwest District Health Department will
be strictly adhered to and their inspection will be necessary to
receive permission to develop this area.
Chairman Randolph asked Mr. McGonnell to explain any future
plans for irrigation to the subject property. Mr. McConnell
stated that the subdivision will comply with any regulations
regarding instaliation of an irrigation system.
Chairman Randolph asked Mr. McConnell to explain any future
street improvement plans in the area. Mr. McConnell stated that
the intent of the developer is to make street improvements in
accordance with subdivision regulations but cannot economically
make additional street improvements beyond the subdivision
limits. He also stated that he encourages the surrounding
residents to continue the investigation of an LID in the area to
enhance the neighborhood even further.
Carlos asked Mr. McConnell what benefits the annexation would be
to the proposed subdivision. Mr. McConnell stated that the main
benefit to the future property owners in being annexed into the
Gity would be the availability of City water at a lower cost to
the property owner. Another benefit to the developer would be
the ability to deal with just one agency as opposed to several
agencies thraugh the development af the proJect.
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" Wati�a Anth�ny as�;�f ��nnis why the City sewe�is not avai lable to
� the su}��ect property. Dennis stated that the connection to City
sewer is beinq cansiciered but there are some topographic
constraints that prevent cannecting the property with the City
sewer system.
Chairman Randolph reCOgnized Mr. Jeffs to make further comment.
He stated that the cost figures regarding a po,sible LID have
not been returned from the City departments but the concern of
the residents in that area is that an LID will be too expensive
for the current property owners.
There was no other public testimony offered.
Bob Carpenter made a motion to recommend to the City Council a
zone change from County R-1 to City R-1. Mary Higdem seconded
the motion. Commission discussion ensued which raised the issue
of the Comprehensive Plan designation which is ta precede the
action on the recommended zone change. Hob Carpenter amended his
motion to state the intent af the motion was that t}�e zone change
be cantingent upon a r�ecommendatian and accept.ance of a plan
designation of law density residential for the p.roperty. The
seconder of the mot.ion agreeci with the change of the motion. A
vote was taken and the motion passed una.nimously. Rita Earl
abstaineci fram discussi�r� anci t.he voting process.
Dennis stated that notification will be given tc� all surrouriding
praperty owners of the scheciuled date before the City Council to
c�ns i der the annexat i or�� .
The next public hearing was a Zane Change from M-1AP (Light
Industrial; Airport Overlay) to I—P; A—P (Industrial Park;
Airport Overlay) for property located between Aviation Way on the
north, Interstate 84 c�n the south and existing Caldwell City
limits boundary on the east and west. City of Caldwell,
applicant.
Dannis explained the request and the location of the subject
property. Dennis stated that the Airport Commission has
forwarded a recommendation of Industrial Park Zoning for the
subject property and it is consistent with tY�e land use component
on the Comprehensive Plan.
There was c�iscussion regarding the difference between the current
zoning classification and the requested zoning classification.
Dennis stated that Industrial Park zoning classification has more
stringent development standards and is more appropriate along
freeway corridors ar�d areas that have a high profile c�f
visibility.
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�. Carlos asked Denn� if this change in zoning�ill have any affect
� in regards t� the proposed R/UDAT recommendation for a freeway
interchange in that area. Dennis stated that this zoning
�lassificdtion will nat affect that recommendatic�n should it be
implemented in the future and further that I-P zoning would be
cam��lementary t.a additic�n of an interchange in the area.
There was no public testimony presented either in favor of or in
appc�sition to this request. Dennis stated that there has been no
correspondence received on this item.
With no further discussion Wanda Anthany macie a motion to make a
recarrunendation of approval to the City Council. Carlos seconded
the motion. Rita Earl commented that she felt this change is in
compliance with the Comprehensive Plan. A vote was taken and the
motion passed unanimously.
The next public hearinq was an amendment to the Calclwell Zoning
Ordinance pertaining to the appeal process to City Council of a
Planning and 2oning decision for special use permits and variance
permits. City of Caldwell, applicant.
Dennis explained that the City Council is in the process of
adopting a"Contested Hearing Procedures Ordinance" which adopts
uniforrn policies for handling appeals from various Commissions
and organizations. The Ordinance, when adopted, will affect the
2oning Ordinance time frame for making an appeal to the City
Council. The current �oning Ordinance gives the applicant five
(5) days to file an appeal. The amendment will give the
applicant fourteen (14) days to file an appeal,
There was no public testimony offered either in favor of or in
opposition to this amendment request.
Rita Earl commented that she felt fourteen days afforded the
applicant a reasonable length of time to do research and make a
decision if they would like to appeal a decision. Rita made �
motion to forward a recommendation of approval to the City
Council. Mary Higdem seconded the motion. A vote w�s taken and
the motion passed unanimously.
The next item of business was the miscellaneous items on the
agenda. The first miscellaneous item was a report on City
Council action. Denni� reported that there have been several
annexation requests presented to the City Council and those items
will come before the Planning and Zoning Commission at future
meetings. Dennis reported that the appeal by Ann Faulconer was
denied by the City Council and the Planning and Zaning decision
was upheld. There have been no follaw-up requests on that item.
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. .�
There was discus�an regarding an agenda � the Flanning and
Zaniny workshop. It was the consensus of the Comrnission members
to have a wc�rkshap on Navember 6, 1991 at Trolley Square from
12:00 noc�n to 5: 00 ��.rn. Lunch and afternoon sr�acks wi 11 be
provided.
Dennis autlined the tentative agenda for the Planning and Zoning
Commission meeting of November 21, 1991.
Dennis distributecl a letter to the Gommission members as an
informational item on day care facilities. It was the
consensus of the Comrnission members that this letter be
distributed to the City Council for information.
There was discussion regarding the need for more Commission
workshops with various topics.
With no further discussian the meeting was adjourned at 9:00 p.m.
Respectfully submitted,
Sue Mullen
Recording Secretary
Approved by,
Chuck Randolph,
Chairman
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