Loading...
HomeMy WebLinkAbout10-20-1994 P&Z MINUTES 1 t PLANIVING AND ZOMNG COMMISSION MINUTES Meeting of October 20, 1994 Presmt: Chairman Tom Ensley, Madeline Buckendorf, Dorothy Davidson Mary Higdem Terry McConnell, Rick Wells Absent: Bettie Pilote Staff: Dennis Crooks Liz Yeary The regular meeting of the Planning and Zoning Commission was called to order by Chairman Tom Ensley, at 7;15 p.m. in the City Hall Council Chambers. The fust item of business �vas the approval of the minutes for the meeting of October 6 1994. Terry McConnell made a motion to approve the minutes. The motion was seconded by Dorothy and passed unanimously, The Chairman advised the Commission that a request to add an informational item to the agenda under Miscellaneous had been received, The item involved a hearing before the Canyon County Platlnulg and Zoning Commission, Mary Higdem offered a motion to add the item to the agenda. Madeline Buckendorf seconded the motion which was approved unanimously. The first item for public hearing was consideration of a Comprehensive Plan designation and Zoning Classification for property located at the northeast corner of Montana Avenue and Homedale Road, in connection with a request for annexation. The applicant was Vallivue School District. Dennis explained that the Staff Report described the area as being within the proposed expanded Area of City Impact for the City of Caldwell, but that the Canyon County Board of Commissioners on Wednesday, October 19 had approved the boundaries of the Area of City Impact and that this property does fall within that Area. Furthermore, the Planning and Zoning Commission and City Council had included the ama in the Comprehensive Plan Land Use Map and designated the area Public/Semi-Public and the present hearing would si.mply confirm that designation. In view of the surrounding land uses and the proposed. school use it was the opinion of Staff that the zoning should be R-1 (Single Family Residential). Vaughn Heinrich, Vallivue School District Superintendent, gave a brief history of the application, stating that growth required a new school, which needs a mir�imum of 50 acres to be feasible. This 60-acre parcel became available. The County Commission made it a requirement to hook up to City sewer and water and the School District and City had ratified a sewer and water agreement. Stephen Marshall of 1824 Fillmore owns property adjacent to the subject property on its eastern border and objected to the anne�ation. He class�ed the potential well site as being commercial. Hi.s major concern was that the well construction which would be deeper than the loca160 foot shallow wells existe.nt in the area, would drain those wells, making the land unusable for agriculture purposes. He contended that his water rights would therefore be affected. The water table in the area is shallow in good water years as well as in drought. a��rtr�s P�z iaao-�a P��i . � The Chairman informed Mr. Marshall that his water concerns appeared to go beyond the responsibility of the Commission. The Commission 's role is to see how this property is to fit into the Comprehensive Plan and how it is to be zoned. In response to a question from Rick Wells, Mr. Marshall stated that the intent of the Canyon County I Plannin_g and Zoning Commission in mquiring City water and sewer service was to alleviate the pressure on the local wells, and that the City s intent to establish a well site on the school property was in conflict with that intent, Gary Eskew of 5315 S.10th Avenue explained that he farms for Iv�r. Marshall and other acreage adjoining, He also expressed stx+ong concern about the water situation and asserted that this would enable the City to establish a large commercial well to serve the City and drain the local wells of potable water, He agreed with Mr. Marshall that the intent of the Canyon County Planning and Zoning Commission was that in requiring hook up to City services the pressure on the local wells would be alleviated. Mr. Hei.nrich responded to some of Mr. Eskew 's comments stat�.ng that school district boundaries are not consistent with City boundaries, and the school boundaries will not change, The reason for the City service is to provide sufficient water flow to satisfy fire deparGment require.ments. In response to a question from the Chairman, Dennis stated that State Code requires annexation to be adopted by ordinance and ordinance powers rest exclusively with City Council following recommendation from the Plann�n_,g and Zoning Commission on the proposed Plan and Zoning Ordinance cha.nges for the area. The City recognizes the importance and significance of agricultural production within City limits and Area of City Impact. Development of a well site requires a number of approvals from the Department of Environ.mental Quality and the Water Resources Board. The uutial intent is to provide service to the site to address their domestic needs and their fire flow requirements. The long term intent is that this will be possibly one of a number of well sites to eventually contribute to a system which wil.1 provide the potential for a domestic water system in this area and to improve the fire flow requiremenfis for this area. As you move south and southwest from the City of Caldwell and cross the area which is roughly beyond Beech and the Jefferson junior High School area, there is a topographical change and from that point the City 's water pressure system loses pressure to provide good fire flow. There are a lot of different objectives and different applications for the future associated with the proposed well site. In response to a question from Mary Higdem, Dennis stated that the Commission could consider RS and RS-2 zoning as alternatives to R-1 but that Staff felt the R-1 was more appropriate for this location. The public hearin.g was then closed. The Commission shared the concerns of the neighboring property owners but reiterated their function which is to recommend Comprehe�nsive Plan designation and Zoning classification. MINUTFS P&Z 10-20-94 Page 2 . Rick Wells commented that in fact Rl zoning is the lowest use of water versus commercial uses. In recommending R1 zoning the Commission is doing the best it can to help preserve the water rights I I for the surrounding property owners. Rick then offered a Motion to forward to City Council a recommendation to retain the Comprehensive P1an designation of Public/Semi-Public and change the zoning from County Agricultural to R-1 (Single Family Residential), Terry McConnell seconded the Motion. ROLL CALL VOTE. Those voting yes: Wells Davidson, McConnell, Higdem, Buckendorf, Those voting no: None. Absent and not voting: Pilote. � MOTION CARRIED The second item of public heat�ng was consideration of a Comprehensive Plan designation and Zoning Classification for property located west of Montana Avenue narth and south of Spruce Street and in the general area of Bi.g Sky Estates Subdivision in connection with a proposed annexation. The applicant is the City of Caldwell. Dennis explained that this annexaticn had been initiated by City Council in response to concerns of the City over enclaves of property and multiple juri.sdictional problems. City services are being extended and the City is unable to obtain the rights-of-way to work with property owners in other jurisdictions for street improvements and utility service extensions. A lecter had been received from Dan Erskine, an owner of property within the proposed annexation area, which was officially entered into the record. Connie Erskine testified that she and her husband own property in the City but would rather be outside the City and operate a farm with animals and farm equipment. She stated that they were advised by Pla.n.ning and Zoni.n.g that subsequent to annexation they would have to lose some of the:ir animals and equipment. Dennis responded that agricultural uses would be allowed to continue and that it is the custom of the City to have those continuing such uses to voluntarily provide the City with an inventory of uses to be retaiued on the annexation file for future reference. The Erskine's currently lease adjacent acreage which is for sale and should that property sell and be used for residential purposes, the agricultural operation may have to be reduced. Dennis stated that in his opinion high density residential zoning was not presented as an option because of existing pattern of land use and the standard of the roadways in the area, but this could be explored further. Dan Erskine explai.ned that he leases property from Bob Carrow which is next to the property he owns. If his property is annexed he will have no benefit from that annexation, except for increased taxes. The public hearing was then closed. Terry McConnell stated that the City lacks areas for high density zoning and with the proximity of Montana Avenue to Linden Street and Ustick Road, the presence of schools and rental property, he M�rv�s P�z iaaa�a . P�qe 3 felt a zoning of R-2 (Combined Medium Density Residential) may be appropriate and should be given some consideration. Madeline Buckendorf agreed with Terry about the areas south of Spruce but was concerned about the existing uses norGh of Spruce, and the potential of a buffer zone, in addition to the Dixie Drain, between those uses and any areas zoned for higher density. In response to a question from Mary � Higdem, Dennis said that there is no hurry to �et this annexation through and if the Commission i wanted Staff to explore other options this could be accomplished. Mary stated that topographically there are some areas that fit for medium density which Staff might pursue a.nd that she was in favor ' of tabling any action. Mary Higdem then offered a Motion to table t.his item until a fut�.tre date to allow Staff an opporfunity to come up with some alternatives which would identify other areas which might be suitable for other zoning designations to include possible higher density designations. ROLL CALL VOTE. Those voting yes; Higdem, Buckendorf, Wells, McConnell. Those voting no: Ncne, Abstain; Davidson. Absent and not voting: Pilote MOTION CAR.RIED Rick Wells commented that Ivlr. Erskine s letter was well written an.d from an annexation point of view raised some questions of whether his properiy should be included in the annexation, The t�vrd item of public hearing was a request for a Special Use Permit to develop a multi-family apartment complex (56 units) in the C-3 (Service Commercial) zoning district on property located on the northwest corner of Cleveland Boulevard and 34th Avenue. The applicant was Tom Mannschreck with Thomas Development Co. Terry McConnell indicated that he would abstain from participating on this item. Dennis introduced the item, indicating that one of the most pressing issues is land use and for the Commission to decide whether or not a residential use is appropriate in a C-3 (Service Commercti.al) zone. Dennis cited the Comprehensive Plan and the current lack of vacant R-3 proper�y in the City to accommodate multi-family apartment complexes. He further stated that Staff had been advised of a situation with the way irrigation water is brought into the general area, that there is a tendency for water runoff to pond in certain areas north of this property. Suggested condition #5 could be amended to include evaluation of this issue as part of the drainage plan for the property. The Wilson Drain and potential for pathway development was mentioned, including its proximity to public facilities and retail. services, and the potential for a fire training center and possible sub- station. M�u�rFS P�z iaaa�a Page 4 ' _ . Dennis said that the development will theomtically generate 320 vehicle trips per day, compared with a commercial facility that might be developed on the site which could generate comparable or even more trips. In regard to access to Cleveland Blvd., 34th Avenue is one point of access. An alternative is for traffic to route on Arthur Street to Linden and back on to the Boulevard via a traffic light. The Commission were reminded of the ultimate goal of having Arthur link Ustick Road and Li.nden Street. Tom Mannschreck stated that he was in general agreement with the Staff Report. He commented that he had spent several hours looking for suitable land, and he encouraged the Commission to � evaluate some long term goals for obtaining high density residential zoning districts for future development. He did not consider R-2 zoning districts economically feasible for multi-family housing, He agreed with the greenbelt concept along the drain. He did feel the suggested parkulg requirement of 2 spaces per unit was high, given the mix of units and requested a 1.8 per unit provision as a compromise. He felt with the higher requimment, the landscaping would have to be decreased. Mr. Mannschmck also questioned the need for a turnaround and/or loop street and strongly opposed the loop, statiug that such streets become "speedways" and consequently more dangerous. He will be happy to work with the Fire Department to resolve this issue. In response to a question from Madeline Buckendorf concerning parking for visitors, Mr. Mannschreck stated that in his experience 1.7 or 1.8 spaces per unit is adequate to handle both residents a.ud visitors. Mary Higdem was concerned about people being able to access the property ' without an automobile. Dennis said that eventually sidewalks are planned for the Boulevard at that ', location. The applicant answered further questions concerning parking, play area, and landscaping. �, He stated that the "A" buildings will be realigned to keep them out of the Bureau of Reclamation � (BOR) easement. He again stated that he will work with the Fire Depa�ment to alleviate their concer.ns and comply with all Fire Codes. He felt there was sufficient area in the easement to allow development of a greenbelt pathway. The public hearing was then closed. Dennis commented that he did not believe it was either the Fire Department's or the Plarming Department's intention that there should be two independent points of access to the site. The concern was through circulation on the property and he felt that could be worked out between all parties. He said they could be flexible with the parking and attempt to get more spaces when the two "A" buildings are realigned. At this point, Rick Wells wanted to ask a question of the applicant. Mary Hi,�dem offered a Motion to re-open the public hearing which was seconded by Rick Wells and approved ».nan�mously. Rick asked Mr. Mannschreck if he felt he could work with staff on this, and was advised that he could. M�ru� P�z iaao-�a Paqe 5 _ " _ . Mr, Mannschreck had no objection to a greenbelt pathway as long as the easement dimensions were not increased. He plans to recreate the bank under BOR approval and make the drain a amenity to the project, He did not want a fence in that location. However, Mary Higdem felt there would have to be some kind of fence or barrier, particularly in view of the obvious liability to young children. Mr, Mannschreck reiterated his desim to utilize the Drain as an amenity, The public hearing was closed. The general consensus was that there had to be some kind of fence to impede progress for safety reasons, Madeline expressed concern about the size of the play area, but Dennis explained that the play area is simply the area where the play equipment is. There am several other open green areas which could also be used for outdoor activity. Rick Wells agreed with Dennis concerning the play area but expressed some doubt about the necessity of a fence/barrier on the slope. However, he was agreeable to leaving the fencing materials decision to the applicant and staff to work out. After some further discussion, Rick Wells offered a Motion to approve the Special Use Permit with the suggested terms and conditions but with the following amended conditions 5. A storm water drainage plan, to include an assessment of imigation water return, shall be mquired and submitted for the review aud approval of the City Engi.neer. 7, That a minimum of 1.8 off parki.ng spaces per dwelling unit shall be required with the understanding that more spaces shall be provided if possible without jeopardizing the integrity of the site design. 8, That the project shall require a revised interior circulation plan to include consideration of a hammerhead turnaround in an effort to eliminate dead-end parking lane(s), improve internal traffic flow and emergency vehicle access. Said re-design shall be subject to the review and approval of the Pl nnin and the Fire Departme.uts. 11, That the applicaut shall remove any weeds, debris including undesirable vegetation from within and adjacent to the Wilson Drain Channel. Additionally, a security or restrai�ing fence or other form. of security barrier approximately 36 to 48 inches in height sha11 be installed at or near the top of slope of the east side of the drain with the final design subject to the approval of the Planni.ng DeparGment. Dorothy Davidson seconded the Motion. ROLL CALL VOTE. Those voting yes: Wells, Davidson, Higdem, Buckendorf. Those voting no: None. Abstain: McConnell, Absent and not voting: Pilote. MOTION CARRIED r��ru�s P�z ia2o-9a Page 6 . The next item on the agenda was a miscellaneous item added in response to a notice of hearing from the Canyon County Planning and Zoning Commission which Staff had brought to the attention of the City Council who had directed Dennis to bring it to the Plan.ning and Zoning Commission. The hearing concerned an application to Canyon County for an amendment to the County Zoning Ordinance that would allow dairies to be located immediately adjacent to city limits or a platted subdivision, Currently such facilities are required to locate at least one mile from a residential subdivision or a city. There is no indication in the Notice how a dauy is defined and such an amendment would prove an obstacle to utility service extension and annexation, Madeline Buckendorf agreed with Dennis that Staff should go to the meeting and find out more information. She said that modern dauy facilities, which are large industrial agricultural complexes, are far different from old country dairies, and are a source of groundwater contamination, and heavy water use. She asked if a Resolution should be taken to the County expressing our concern. Dennis said that he would attend the meeting and find out more information. Madeline Buckendorf offered a Motion to have Staff prepare a Resolution for the Chairman s signature which expresses the concern about the request, the need for a definition of a dairy and the appropriateness of a location next to a city boundary or residential area. Rick Wells seconded the Motion. ROLL CALL VOTE. Those voting yes: Buckendorf, Wells, Davidson, McConnell, Higdem. Those voting no; None. Absent and not voting: Pilote. , MOTION CARRIED I Deiwis commented on items acted upon by Council. He advised the Commission that the Canyon County Board of Commisc;oners had adopted the Area of City Impact boundaries for the City of Caldwell. The next step is to adopt an ordinance which explains the administration of the area. He also reminded the Commission that a joint work session between City Council a.rld the Plarming and Zoning Commission on Transportation issues has been scheduled for Monday, November 14 at 7;00 p.m. in the City Council Conference Room. A notice will be sent to the Commission nearer to the date. Rick Wells commented that he would like to see a concerted effort made to attxact Micron to develop their expansion in Caldwell. Terry McConnell said that he would like to look at expanding areas of zoning for more high density or medium density housu�g in the City. With no further business the meeti.ng adjourned at 11:30 p.m. Recording Secretary, Chairman, Liz Yeary Tom Ensley M�ru�s P�z iaao-�a Page 7 '