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HomeMy WebLinkAbout12-1-1994 P&Z MINUTES � � '� PLANNING AND ZONING COMMISSION MINUTES Meeting of December 1,1994 Present: Chairman Tom Ensley, Madeline Buckendorf, Dorothy Davidson, Mary Higdem, Terry McConnell, Bettie Pilote Absent: Rick Wells Staff: Dennis Crooks, Liz Yeary The regular meeting of the Planning and Zoning Commission was called to order by Cha.irman Tom Ensley, 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 October 20, 1994. Ma,deline Buckendorf made a motion to approve the minutes. The motion was seconded by Terry McConnell and passed unanimously. Before proceeding to the public hearing portion of the agenda, Tom welcomed members of Jeanette ' Jackson's High School Government Class who were present to observe. Dennis reported that two items had been requested to be added to the agenda. Mary Higdem offered a Motion to add the review of the R-2 zone and possible initiation of a Code Amendment to the Miscellaneous portion of the agenda. Terry McConnell seconded the Motion which passed unanimously. Mary offered a Motion to add the second item to the Miscellaneous portion of the agenda concerning a home occupation in an R-1 zone, requested by Scott Keough. Dorothy Davidson seconded the Motion which passed unanimously. The first item of public hearing concerned a continuation of an October 20 agenda item requesting Comprehensive Plan Land Use Designation and an Amendment to the Official Zoning Map from County R-1 to R-1 or other zoning district associated with a request for annexation of property generally located on the west side of Montana Avenue north and south of Spruce Street. Dennis pointed out the area on the map and suggested some options for zoning district boundaries. Madeline asked Dennis how Staff came up with the boundaries for the proposed R-3 portion and was advised that we followed property lines, the Dixie Drain, and Spruce Street. Dennis also explained the role of the Comprehensive Plan and that a Plan amendment may be necessary if one of the other zoning options was selected. The Cha.irman opened the public hearing, but having no persons signed to testify the public testimony . portion was closed. Staff reported that a letter had been received from Mr. Erskine objecting to the annexation. Mary Higdem commented that as outlined in the Staff Report, there is a plentiful supply of R-2 zoning in the City, but a lack of R-3 zoning, and she was in favor of some of the property being zoned R-3. Terry MINUTES P&Z 12-1-94 Page i Bettie Pilote offered a Motion for Staffto initiate an amendment to the R-2 zone and draft an amendment for the Commission to review at a later date. Madeline Buckendorf seconded the Motion. ROLL CALL VOTE. Those voting yes: Higdem, Buckendorf, Davidson, Pilote, McConnell. Those voting no: None. Absent and not voting: Wells. MOTION CARRIED The next Miscellaneous item was generated by Scott Keough, who had indicated he would approach the Commission concerning a Code Amendment regarding home occupations. Mr. Keough was not present to comment on this. Dennis said that he would draft something for the December 15 meeting regarding this item. Dennis commented on items acted upon by Council. The second reading of the Logan-Marshall annexation had taken place and in connection with that the City Council are evaluating the sewer hookup requirement policy. Dennis also reported that the City Council held an appeal hearing on the Hispanic rodeo which the Commission had approved in October. The appeal was approved and the decision of the Commission was overturned. Items for the December 15 meeting include a Special Use Permit for a church. Madeline announced that Mary Higdem was attending her last meeting as a member of the Planning and Zoning Commission and was not going to pursue another term of appointment on the Commission. • Madeline expressed appreciation for Mary's service to the Commission for the last 10+ years. With no further business the meeting adjourned at 9:00 p.m. � ��� � Recording Secre�ta� Chairman, Liz Yeary Tom Ensley NiNUTES P&Z 12-1-94 Page 5 � ROLL CALL VOTE. Those voting yes: Pilote, McConnell, Higdem, Buckendorf, Davidson. Those voting no: None. Absent and not voting: Wells. MOTI4N CARRIED The final public hearing was a request for a zone change from C-3 (Service Commercial) to R-3 (High Density Residential) for property at 215 Fillmore Street. The applicant is Scott Bullock. Dennis explained the request, stating that the property had been rezoned from R-3 to C-3 in 1980 at the request of the property owner, after it had been zoned R-3 when the City had carried out zoning amendments in connection with passage of the Zoning Ordinance in 1977. The current property owners are attempting to sell the residence and are having difficulty in obtaining conventional financing because the property is zoned Commercial. The Commission may also consider rezoning the remaining portion of the block zoned commercial at the same time. Scott Bullock agreed with Dennis stating that the reason for the request is to obtain financing for the property. In answer to a question from Mary Higdem, Mr. Bullock stated that they intend to upgrade the existing home and outbuildings prior to sale of the property. John Tegge of 610 S.3rd Avenue expressed no objections to the zone change but asked that the whole commercially zoned area be rezoned for that block. The public hearing was then closed. Madeline asked if Staffhad had any contact with the Sedanos, the neighboring property owners in the commercial area. Staff indicated that there had been no response to a special letter which had been sent. In response to a question from Mary, Dennis said that we would again attempt to contact the Sedanos via a registered or certified letter prior to the Council hearing. Terry McConnell offered a Motion to recommend approval of the zone change from C-3 to R-3 for all of the commercially zoned section of Block 122 to City Council. Dorothy Davidson seconded the Motion. ROLL CALL VOTE. Those voting yes: McConnell, Higdem, Buckendorf, Davidson, Pilote. Those voting no: None. Absent and not voting: Wells. MOTION CARRIED The next item on the agenda involved evaluation of the R-2 Combined Medium Density Residential zoning district. Dennis reminded the Commission that this area had been the subject of a possible Code Amendment in 1993 which had been withdrawn by the applicant. At that time, the Commission recommended that the district's standards should be re-evaluated and reviewed at a later date. Ma.deline asked if we could include a look at historic areas of the R-2 zone. Dennis said that all areas, including historic areas, would be part of the review. MINUTES P&Z 12-1-94 Page 4 � � The second public hearing was continued from the previous agenda and involved the consideration of an Ordinance providing for application of governing Comprehensive Plan, Subdivision, Zoning and other Ordinances for the Caldwell Area of City Impact. Pursuant to Section 67-6526 Idaho Code, this ordinance shall provide for one of the following: (1) Application of the city plan and ordinances to the area of city impact; or (2) Application of the county plan and ordinances to the area of city impact; or (3) Application of any mutually ageed upon plan and ordinances to the area of city impact. ' Dennis explained that the Draft Ordinance had already been recommended for approval by Canyon County Planning and Zoning Commission and will be considered by the City Council and the County Boazd of Commissioners before the end of December. Both the City's Plan and the County's Plan are proposed to have applicabiiity within this area. In the unlikely event that there is a conflict, then the County's Plan would have authority over the City's Plan. With respect to Zoning Ordinances, the draft ordinance states that the County's regulatory ordinances will apply within the Area of Impact. Regarding the Subdivision Ordinance, the proposed ordinance gives the City's Ordinance authority for new subdivisions and plats within the Area of Impact. State Code already has a provision which recognizes cities' subdivision ordinances having precedence for properties within one mile of the City. Dennis went on to say that we are required by State Law to have this ordinance in place by January 1, 1995. A1 Crider of 17981 Middleton Road commented that Dennis' remazks answered most of his questions. His concern was that he is in an agricultural area on the east side of the area of impact. Dennis explained that the area boundaries have already been established, and the purpose of this hearing is to consider ordinances that apply. If Mr. Crider or others wish to changes those boundaries that would be initiated through Canyon County. Dennis then explained the purpose of the Area of Impact. In his opinion, any residential growth on the east side of Caldwell will probably be north of Highway 20/26. Growth in the near future in the area of Mr. Crider's property would be unlikely, because of the airport clear zone and the distance to services. With some further discussion, Mary Higdem offered a motion to recommend to City Council adoption of the proposed ordinance. Bettie Pilote seconded the Motion. ROLL CALL VOTE. Those voting yes: Higdem, Buckendorf, Davidson, Pilote, McConnell. Those voting no: None. Absent and not voting: Wells. MOTION CARRIED Bettie Pilote then offered a Motion to table the hearing on the Joint Exercise of Powers Agreement and direct Staff to reschedule the item ax a future date. Terry McConnell seconded the Motion. �i1NUTES P&i 1�—i—�i4 PaJe J � M agreed with Mary, and added that he would like to see it go at least R-2, although the smaller parcel to the north go R-1 since it is already somewhat developed. Madeline agreed that there needed to be some R-3 but expressed concern that property owners were not willing to give more input. At this point members of the audience expressed a willingness to testify. Bettie Pilote offered a Motion to reopen the public testimony portion. Dorothy Davidson seconded the Motion which passed unanimously. Lucy Armenta, on behalf of her mother Mary Medina of 3504 S. Montana, spoke in opposition to the property being zoned R-3 and would prefer it to stay as it is now which is rural. Dan Ireland, owner of the property on the south side of Spruce adjacent to the Dixie Drain and the Junior High School, stated that he supported the annexation and would prefer his property to be zoned R-3 as recommended and that it would not have a great impact on Mrs. Medina since her property is considerably higher than his own. The public testimony was closed. Mary Higdem commented that the Comprehensive Plan cites a need to develop a wider variety of housing types for the community and this higher density zoning can help fulfill that goa1. She added that since this item would have to be continued until March this will give a11 properry owners a greater opportunity to evaluate the situation. Bettie Pilote asked Dennis the status of Ustick Road and Montana Avenue in terms of future development. Dennis commented that one of the reasons the area was chosen by City Council for possible annexation was to allow the City the fle�bility to address infrastructure needs for Montana Avenue. There have been haphazard improvements along this roadway because of the multi jurisdictional authorities responsible for it. Ultimately, the City wants to upgrade the road to minor arterial status. Ustick Road is a major arterial so it is envisioned that should be widened somewhat as growth expands. A further reason to look at this now is to accommodate Spruce Street and ultimately obtain right-of-way on Montana, in view of the existing High School and the new Vallivue High School, currently under construction at Montana Avenue and Homedale Road. After some further discussion Madeline BuckendorF offered a Motion to continue this hea.ring until March 16, 1995, and at that time consider a formal amendment to the Comprehensive Plan for High Density Residential and a zoning of R-3 {Multi Family High Density Residential) for the western portion of the area. Dorothy Davidson seconded the Motion. ROLL CALL VOTE. Those voting yes: Buckendorf, Davidsoq Pilote, McConnell, Higdem. Those voting no: None. Absent and not voting: Wells. MOTION CARRIED tiir�ures Pa�z �;�- � -5�� Pat�e :.