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HomeMy WebLinkAbout9-15-1994 P&Z MINUTES " . � . PLANNING AND ZONING CONIlVIISSION MINUTES Meeting of September 15, 1994 Present: Vice-Chair Mary Higdem, Madeline Buckendorf, Dorothy Davidson, Terry McConnell, Bettie Pilote Absent: Tom Ensley, Rick Wells Staff: Dennis Crooks, Liz Yeary The regular meeting of the Planning and Zoning Commission was called to order by Mary Higdem at 7:15 p.m. in the City Hall Council Chambers. The first item of business was the approval of the minutes for the meeting of September 1, 1994. Madeline Buckendorf made a motion to approve the minutes. The motion was seconded by Terry McConnell and passed imanimously. Mary explained the procedures for a public hearing. The first item was a request continued from the July 7 Commission meeting which reviewed a request from the City of Caldwell to discuss Comprehensive Plan designation and zoning classification for property which the City Council would consider for annexation in the future. The property is located on the west side of hZarshall Avenue between Logan Street and Ash Street and on the east and west sides of hZarshall Avenue north of Logan Street The Cominission had continued the hearing and asked for clarification of the situation of the property at the southwest corner of Logan Street and Mazshall Avenue regazding its qualifications I for annexation, the new rural residential zone, and the requirement for those being annexed to hook up to City sewer withi.n one year, depending on availability. Dennis explained that he had discussed the comer parcel with the City Attorney after receiving documentation which revealed that the parcel had been de-annexed from the City in 1920 resulting from a court judgrnen� While such a judgment appears errant and might not be valid today, the judgment still stands since it was never challenged. Staff, therefore, is recommendi.ng this property not be included in the annexa.tion. City Council adopted the proposed R-S semi-rural residential zoning district and this zoning option would be available to this area. Concerning the requirement to hook up to the sewer, the Commission's concerns were relayed to City Council. In response to a question &om Madeline Buckendorf, Dennis stated that the recommendation of the Staff is R-S zoning for the southern parcels and R-1 zoning for the properties north of Logan. Dennis expiained the R-S and R-S-2 sub-zone and said that the properties on Marshall aze compatible with the R-S zone. MIN[TTES P&Z 9-15-94 Page 1 , Mrs. Nat Moore of 1920 Maishall stated that she would prefer the R-1 zoning to give her more options for dividing the property later. Kathryn Green stated that she had cansulted the neighborhood and the general consensus appeared to be a desire for R-1 zoning rather than R-S. The public hea.ring was then closed. Terry McConnell said that he was supportive of the R-1 zoning, which he felt would give owners more flexibility in developing their property. Madeline Buckendorf expressed concern that those who had testified at the previous hearing seemed to prefer the R-S zoning district. However, they are not present at this meeting to give their opinions. Dennis stated that all affected parties were given notice of this meeting. Both zoning districts are consistent with the Comprehensive Plan and the purpose of the public heazing is to receive the zoning preferences from those living in the area being considered for annexation. Bettie Filote supported Terry's viewpoint. Dorothy Davidson commented that with the pace of growth now, if the property is zoned R-S, the Conunission will probably be receiving requests to change to R-1 before very long. After some further discussion, Bettie Pilote offered a Motion to recommend retaining the Comprehensive Plan Designation for the area as Low Density Residential. Dorothy Davidson seconded the Motion. ROLL CALL VOTE. Those voting yes: Pilote, McConnell, Higdem, Buckendorf, Davidson. Those voting no: None. Absent and not voti.ng: Ensley, WelLs. MOTION CARRIED Bettie Pilote then offered a Motion to recommend to City Council a zoning classifica.tion of R-1 (Single Family Residential} for the whole azea. Terry McConnell seconded the Motion. ROLL CALL VOTE. Those voting yes: Pilote, McConnell, Higdem, Buckendorf, Davidson. Those voting no: None. Absent and not voting: Ensley, Wells. MOTION CARRIED The second item for public hearing was a continuation from the September 1, 1994, agenda, of a request for 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 Boulevard, between the Elijah Drain and the Temace Drive-in Theater. Bettie Pilote cited a conflict of interest and withdrew from participation on this item. Dennis explained that the Commission had requested a continuance to receive input from Staff and the applicant concerning issues raised during the first part of the public hearing including occupant load for both the rodeo facility and the multi-purpose center, the number and care of MIIVUTES P&Z 9-15-94 . Page 2 , animals, dust control, weeds, security, alcoholic bevera.ges, noise, traffic, ingress and egress and fencing. Since the earlier meeting, letters have been received from Pioneer Irrigation District concerning the Elijah Drain and other drainage issues, and from Robert Mobley, a neighboring property owner, concerni.ng the issues raised at the earlier meeting. Madeline Buckendorf asked NIr. Alfaro and his daughter if they understood the conditions and would agree to them. Nornna Alfazo stated that they did and would agree with them. Dorothy Davidson expressed concern that the conditions would place a bigger financial burden on the applicant than he realizes. Mr. Alfaro indicated that over the iong term the financial investment will be worth the initial cost. Dennis offered to go through the conditions one by one for the benefit of the Comm;cc;on as well as the applicant to make sure everyone understood their intent and ramifications. The condition for the time limit was altered to allow the permit to run 18 months from the inception of the actual use. I The tenth condition concerning fencing was cl�ed to state that fencing or a corral system will ' be provided for the safety of animals. The fencing system can be either internally within the property or along the property lines. The canal acts partially as fencing. An additional condition was introduced requiring approval from the Bureau of Reclamation concerning the drainage and the effect of the type of development on the Elijah Drai.n. The public hearing was then closed. The Comm;c�ion discussed the hours of operation, and the general consensus was that with the tenns and conditions suggested and amended, the use could be controlled. Madeline Buckendorf offered a Motion to approve the temporary Special Use Permit subject to the twelve conditions outlined by staff and amended in the hearing. Terry McConnell seconded the Motion. ROLL CALL VOTE. Those voting yes: Buckendorf, Davidson, McConnell, Higdem. Abstain: Pilote. Those voting no: None. Absent and not voting: Ensley, Wells. MOTION CARRIED The final public hearing was a proposed hearing procedures ordinance which Dennis explained is required by State Code to be adopted by Ordi.nance. The Commission has always operated with set heazuig procedures. However, they are not part of an adopted ordinance and the recommendation for the adoption of this ordinance merely brings the City into compliance with State Code. Bettie Pilote wanted to ensure that once the public hearing is closed, the participating audience is aware of that fact. Dennis explained that once a public hearing is closed the hearing cannot be Nmvtrc�s ra�z 9-is-x Page 3 .. re-opened without a forn�al Motion and action on the part of the Comrnission. Dennis also stated r that the hearing cannot just be re-opened for a single comment. All parties would have to be given the opportunity to speak, if they desire. Bettie Pilote then offered a Motion to recommend approval of the Hearing Procedures Ordinance to City Council, with the suggested addition concerning procedures necessary to re-open the public hearing. Terry McConnell seconded the Motion. ROLL CALL VOTE. Those voting yes: Pilote, McConnell, Higdem, Buckendorf, Davidson. Those voting no: None. Absent and not voting: Ensley, Wells. MOTION CARRIED The Commission then discussed items acted on by City Council and potenrial agenda items for the next meeting of October 6, 1994. '� Dennis also advised the Commission that a special meeting is requested to re`riew a preliminary ' pla.t for Fliteline Condominiums at the Caldwell Airport. It was agreed that Thursday, September ' 22, 1994 would be available to at least four of the Commission to fulfill the quorum requirement. ' Liz will call and remind everyone. With no further business the meeting adjourned at 9:15 p.m. � Re ' g Secretary Vice Chair, Liz Yeary Mary Higdem MIIVLTIBS PBcZ 9-15-94 Page 4 �