HomeMy WebLinkAbout9-1-1994 P&Z MINUTES PLANNING AND ZONING COIVIlVIISSION
MINUTE5
Meeting of September 1, 1994
Present: Chairman Tom Ensley, Madeline Buckendorf, Dorothy Davidson, Mary Higdem,
Terry McConnell, Bettie Pilote, Rick Wells
Absent: None
Staff: Dennis Crooks Liz Y
, �'Y
The regulaz meeting of the Planning and Zoning Commission was called to order by Chairman
Tom Ensley, at 7:15 p.m. in the City Hall Cc»uncil Chambers.
The first item of business was the approval of the minutes for the meeting of August 11, 1994.
Mary Higdem made a motion to approve the minutes. The motion was seconded by Terry
McConnell and passed unanimously.
The first item for public hearing was a request for a Special Use Permit to place a Security Unit
for residential piuposes on property in a M-1 (Light Industrial) zoning district on property located
on the east side of the Union Pacific Rail Road north of Linden Street. Applicant was Public
Storage of Idaho, represented by Dick Phillips. Dennis explained the nature of the request and
the location of the property, and that the use is associated with the public storage use which is '
pernutted in the Light Industrial zone.
Dick Phillips spoke on behalf of his company and offered to answer any questions from the
Commission. In response to a question from Rick Wells, Mr. Phillips confirmed that the
residence will be a stick-built house on a pemianent foundation. Mary Higdem asked Mr.
Phillips if there were any plans or problems from his point of view in locating a portion of the
greenbelt along his property. Nir. Phillips replied that there is a lot of land along that side of his
property which is virtually unusable, due to its topography, for storage buildings and he does not
anticipate ever developing it for such a purpose, due to the economics involved. He would,
therefore, be willing to cooperate in plans to extend the greenbelt should such a situation arise.
The public hearing was then closed. Mary Higdem expressed support of the request and the
positive nature of the security aspect and offered a Motion to approve the Special Use Pernut
subject to suggested terms and conditions. Madeline Buckendorf seconded the Motion.
ROLL CALL VOTE. Those voting yes: Higdem, Buckendorf, Wells, Davidson, Pilote,
McConnell. 'Those voting no: None. Absent and not voting: None.
MOTION CARRIED
Terry McConnell commented that the storage facilities already existing are well designed and
maintained and a desirable addition to any city.
The next item for public hearing was a Special Use Permit to allow the development and
operation of a rodeo arena and related facilities on the east side of Lake Avenue approximately
750 feet south of Cleveland Boulevazd, between the Elijah Drain and the Terrace Drive-in
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Theater. Bettie Pilote cited a conflict of interest and withdrew from participation on this item.
Dennis explained that the proposed use is considered a public/semi-public one and therefore is
reviewed under the special use permit procedure. The applicant is proposing to purchase the
property from the present owner and he will continue to use the Multi-Purpose Center as it is
presently used. The rodeo will bring in temporary facilities and will be a seasonal operation
from spring through summer and fall and operate on the weekends once or twice a month
Gilbert Flores, current owner of the property, acted as representative for the applicant, Salvador
Alfaro. Mr. Flores explained that ultimately the applicant would like to make the rodeo a
permanent feature for year round use. He classed the facility as an "all-family" facility.
Madeline Buckendorf asked how many people were they planning to entertain. Mary Higdem
asked questions about livestock holding pens and tra.iler pazking, and how livestock would be i
brought in.
Mr. Flores said that the proposed rodeo facility is not a rodeo as cornmonly understood in the
USA but is a"Mexican-style" rodeo, where the animal features are secondary to the fiesta and
dancing. Ultim�ately, the structures will become pernlanent after about a year.
Mary asked whether the applicant understood that should the rodeo become permaiient, he would
be required to improve Lake Avenue and also make other permanent site improvements.
Dennis e�lained tha.t the application is for a temporary use, that is, a temporary use until either
this applicant decides to install something on a perrrianent basis or some other use takes its place
at which time peimanent unprovements would have to be evaluated such as street improvements
on Lake Avenue, provision and hook up to City services such as sewer and water, paving
material on the interior parking area, landscaping etc. Another such temporary use is the
neighboring drive-in theater had not been required to make s#reet improvements because of the
imposed time frame.
At such time as the facility becomes permanent, the applicant will have to return to the
Commiccion for evaluation. He added that it is StafPs recommendation to grant the permit for a
set period of time. Rick Wells asked the applicant if there would be 130 spaces and was told
that there would be more than 130. Mr. Flores said that they are looking at 250 to 3IX} people.
Rick also asked about the problems associated with alcohol referred to in the Commission's
packet. Mr. Flores said that they will come to an agreement on taking care of such problems. In
response to a further question from Rick, Mr. Flores said that there will be minimum clean-up on
Sunday and the majority dealt with the following da.y.
Terry McConnell was concemed about the likeli.hood of animals being retained on site, because
the owners and operators would be participating in the dancing after the rodeo, but he was
assured that this would not be the case, the aninlals would be removed immediately following the
rodeo events.
Mr. and Mrs. Robert Mobley of 3615 Lake Avenue testified in opposition, citing concern about
dust, traffic, trash, noise, fighting, gunfire, etc. They said that Lake Avenue is not well
developed and cannot handle the traffic that already exists. 'They also expressed concern about
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on-site drainage since there is a live stream along the edge of the property that would be affected
by runoff. There is no city sewer available to the property. In response to a question from Mary
Higdem, Mr. Mobley questioned how access would be arranged for people leaving the rodeo at
the same time as people arriving for the dance.
Marshall Hicl�an who is part owner of the property to the south of Ustick Road testified,
expressing concern that ternporary uses quickly become permanent. He cited concerns of noise,
traffic and a possible drop in property values. He reminded the Commission that a zone change
and subdivision was recently approved south of Ustick Road and approving this temporary use
would be in conflict with that zoning. I
The applicant responded that they would provide adequate security and traffic direction to
alleviate any problems. In answer to questions from Terry, they stated that the animals would be
taken away from the area immediately after the rodeo. Terry also expressed concern about the
size of pazlting spaces to contain vehicles pulling horse trailers.
In answer to a question from Dorothy Davidson concerning possible leasing of the Caldwell
Night Rodeo facilities, the applicant stated that the proposed rodeo is too small to operate in such
a large arena and the Rodeo Grounds aze not designed to present a"Mexican raieo" and aze too
expensive. In answer to a question from Madeline, Mr. Flores said there would be about nine
animals.
The Chairman permitted Mr. and Mrs. Mobley to address the Commission again. Mr. Mobley
wanted to l�ow how many people and animals would be permitted, whether or not the parking
would be paved, and how they would deal with runoff. They cammented that the fence is
inadequate and the use of the same facilities and driveway as the Multi-Purpose Center would be
too large a burden for the suimunding properties.
Norn�a Alfaro, daughter of the applicant, commented that the rodeo will be a family event, of the
type which has been successfully held in Nyssa and would be a better place for teenagers than
the streets.
The public hearing was then closed.
Madeline asked Dennis to address parking and the status of Lake Avenue. Dennis stated that he
was not aware of any traffic counts for that area. LLakke Avenue is a substandard street and is
classified as a minor arterial. There is no curb or gutter and very little provision for drainage.
Based on what the applicant has indicated on the amount of people and the amount of parking
spaces, there appears to be sufficient parking. He had discussed this request with the Chief of
Police who said that there had been problems related to traffic during hours of peak use.
In response to a question from Rick, Dennis stated that there is an occupant load on the building
itself, but the rodeo facilities are essentiaily outdoor facilities and occupant load becomes more
discretionary. If the Comm;c.c;on feels there should be some limitation on cars and number of
people and /or animals, that concern can be explored and addressed.
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Mary stated that she felt she needed more inforniation. She felt the applicant should be able to
comment on what he could do to alleviate the problems mentioned. She also requested
infomiation on traffic levels on Iake Avenue and problems from a police peispeecrive.
I
Madeline felt that the proposal was less harmful than other commercial uses which could go in ',
there as a permitted use. She was concemed that the Commission was evaluating the Multi- �I
Purpose Center which already exists and which is a separate issue. However, Mary disa.greed, �',
since the Rodeo people would also be using the Multi-Purpose Center. Madeline agreed there '
needed to be more inforniation as to how many people would come to the rodeo and possible
effects on trafFc.
Terry McConnell agreed with Mary, but stated that his main concern was that the animals be
taken caze of appropriately, and that the live stream be protected.
Madeline asked Dennis if the number of people and/or animals could be limited or the fact that
overnight stay would not be pern�tted. Dennis stated that both were possible options. However,
he stated that it would be ciifficult with an open air facility to limit people. He did agree with
Mary that both facilities could be evaluated since they aze on one parcel. The proposal is coming
from a prospective owner so if he is planning to intensify use it is perfectly appropriate to
enquire how the Multi-Purpose Facility is going to be used in conjunction with that Rodeo. The
effect on the area when two events are held simultaneously can also be evaluated.
Rick expressed concern about the environmental question of runoff into the live stream but was
not sure if it could be addressed with a temporary use. He commented that the EPA has its own
regularions to protect waterways from animal waste wluch might apply in this instance. He
stated that there is a type of oil which can be spread on ground to control dust which is relatively
harmless.
He asked if there was a way to put something into the conditions which would help curb the
problems expressed by the Mobleys, such as:
1) a condition requiring dust to be controlled at every event,
2} on-site consumption of alcohol only, and no containers to be taken off-site.
3) Occupant load for all facilities deternrined by Police and Fire Departments shall be
adhered to.
4) Weeds, odor and trash to be controlled on the property.
5) Adequate security and crowd control shall be provided by the applicant or other operation
and the operator shall be held responsible for compliance with the conditions both on and
adjacent to the property.
Rick added that an 18 month term to see how things progress would seem appropriate. He could
not see how noise could be controlled.
MIIHU'TES PBcZ 9-1-94 .
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Mary commented that she liked Rick's ideas but felt Mr. Alfaro should be given an opportunity
to come up with some answers.
Dorothy felt there should be another point of access to the property.
After obtaining some procedural infomiation from Dennis, Madeline offered a Motion to continue
the public hearing to September 15 and asked Staff and owners to bring back more infonnation
dealing with concerns expressed. Mary Higdem seconded the Motion.
ROLL CALL VOTE. Those voting yes: Buckendorf, Wells, Davidson, McConnell, Higdem.
Abstain: Filote. Those voting no: None. Absent and not voting: None.
MOTION CARRIED
The next item far review was a modified phasing request for Owyhee Ridge Subdivision. Dennis
gave a brief overview of the case stating that the item had been sent back to the Planning and
Zoning Conunission since the final plat presented to City Council was substantially different from
the Preliminary Plat approved a year earlier. Dennis explained tha.t the main item of concern was
that the change in phasing left no incentive for improvements to Ustick Road.
Mary commented that the original review reflected one point of access on Ustick Road. The new
proposal on the table shows two points of access. Dennis responded that the original review was
concerned about safety but on maldng a site visit to the project, sight distance and vision did not
appear to be a problem for the second access. In addition, two points of access should unprove
the traffic circulation within the subdivision. Concerning the deletion of the pathway to the
common azea, Dennis said that this is primarily a storm water detention azea, not a recreational
play area, and that the pathway was included originally because there was no second point of
access. He felt the original objective had changed with the new access road.
Mary asserted that Phase 3 is very critical since this addresses road improvements and there have
to be unprovements on Ustick Road.
Don Watts, engineer for the project, explained that when this was first designed, then City
Engineer, Wally Cory, wanted one point of access, but Gordon L.aw, current City Engineer, felt
two points of access was a more desirable concept. However, to improve Ustick Road during the �
first two phases is not economically a sound idea, and that requiring it in the first phase would I i
doom the project. Mr. Watts cited court cases concerning dedication of right-of-way not of !,
specific benefit to the developer and that this could be viewed as an unlawful taking. '
In response to a question from Mary, Mr. Watts said that in the original review, the developer
had agreed to give the required right-of-way to the City. He added that the ownership is now a
corporation and the corporation would have to agree to the dedicatian.
Dennis stated that Ustick Road will be dedicated under a separate inst�ument. The expectation in
approving the preli.mivary plat was that Ustick Road is most in need of critical improvement and
was depicted as being part of the uutial phase. If the phasing begi.as more internally we would at
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least like to have the dedication of the right-of-way as a means to protect the interests of the
City.
Bettie Pilote asked if the developer was required to provide bonding for improvements. Dennis
responded that bonding is required for each phase as it is recorded. Mr. Watts had no problem
with proposed terms and conditions.
Marshall Hiclanan, Vice President of H3 Inc., said that the reason for the revised phasing is
simply economics. A second concern is the uncertainty of Ustick Road, which is cusendy
substandard. However, dedication of the requested right�f-way is not a problem. Ustick Road
east of Lot 6, Block 2, will be unproved during Phase 2. In response to a question raised about
the suggested Ustick Road right-of-way dedication, Dennis explained that the Commission could
modify one of the conditions to read:
"that the Ustick Road right-of-way dedication being required as part of Phase I is
strongly supported by the Planning and Zoning Commission and it is recomrnended
that the City Council impose that condition on the final plat."
Between preliminary and final plat approval, a response from the corporation could be ob�ined
and the question of "ta.king" could be further explored.
Mary commented that it is disconcerting to have people come back with a change after initial
agreement on the prelirninary plat. She was hopeful, however, that the applicant would also ',
consider what is good for the City and look favorably upon the dedication. ',
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Rick Wells offered a Motion to approve the modified phasing program as to ternns and conditions ,
stated with the change suggested by Dennis to Condition #3. ''
ROLL CALL VOTE. Those voting yes: Wells, Davidson, McConnell, Higdem, Buckendorf.
Those voting no: Pilote. Absent and not voting: None.
MOTION CARRIED
Following the motion, Rick Wells and Mary Higdem expressed the hope that the City Council
would move forwazd the transportation planning process and encourage development of
preliminary design and engineering plans for major arterials such as Ustick Road and Kimball
Avenue.
The Cominission then discussed items acted on by City Council and potential agenda items for
the ne� meeting of September 15, 1994.
With no further business the meeting adjourned at 10:30 p.m.
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Rec�'brdin Secr�t�azy, C'�irman,
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Liz Yeary Torn Ensley I
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I�@iUTES P&Z 9-1-94 I
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