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HomeMy WebLinkAbout3-16-1995 P&Z MINUTES , � PLANNING AND ZONING COMMISSION MINUTES Meeting of March 16, 1995 Present: Chairman: Rick Wells, Madeline Buckendorf, Dorothy Davidson, Sonia Huyck, Terry McConnell, Bettie Pilote Absent: Ken Rivers Staff: Dennis Crooks, Liz Yeary The regular meeting of the Planning and Zoning Commission was called to order by Chairman, Rick Wells, at 7:15 p.m. in the City Hall Council Chambers. Dennis advised the Commission that Ken Rivers had verbally indicated that he had resigned from the Commission and as soon as this is received in writing, the Mayor and Council will appoint a replacement. The first item on the agenda was approval of the minutes for the meeting of February 16, 1995. Terry McConnell offered a motion to approve the minutes. The motion was seconded by Sonia Huyck and passed unanimously. The next item was approval of the minutes for the meeting of March 2, 1995. Terry McConnell offered a motion to approve the minutes. The motion was seconded by Sonia Huyck and passed unanimously. Before the public hearing portion of the agenda the Chairman gave a brief explanation of the public hearing process. The first item of public hearing was an item continued from the meeting of March 2, 1995. This item was an update of the Transportation Component of the Comprehensive Plan including approval of the Street Classification Map and an update of the transportation needs and objectives for the City. Since the previous meeting three new objectives had been added to the list and were included in the report. Since nobody had signed up to speak, the public testimony portion of the hearing was closed. Terry commented that he had been involved on the Subcommittee and that the update accomplishes a long awaited task. Madeline offered a Motion to forward a recommendation of approval to the City Council of the proposed amendments to the Transportation Component of the Comprehensive Plan. Terry McConnell seconded the Motion. ROLL CALL VOTE. Those voting yes: Buckendorf, Pilote, Davidson, Huyck, McConnell. Those voting no: None. Absent and not voting: Rivers. MOTION CARRIED The second item of public hearing was continued from the meeting of December 1, 1994. This request involves a proposed amendment to the land use designation for the Caldwell Comprehensive Plan and a zone change in connection with the proposed annexation of property generally located on MINUTES P8Z 03-16-95 Page i � the west side of Montana Avenue north and south of Spruce Street adjacent to and in the general area of Big Sky Estates Subdivision. Rick explained that those Commissioners who had not been at the previous meetings had received tape recordings of the proceedings so that they were aware of the issues involved. He reminded those present that the Commission's role was not to review the merits of annexation, but to evaluate what land use designation and zoning would be appropriate if the property were annexed. Dennis explained that the annexation had been initiated by City Council in order to provide opportunity for improving Montana Avenue and also explore the possibility of extending Spruce Street from the Jefferson Junior High School to Montana Avenue as a means of providing another east-west route. Dennis informed the Commission that property owners had been renotified of the hearing, and legal notice had also been provided in the newspaper. Dan Erskine of 3104 S. Montana testified in opposition to the annexation. In response to questions from the Commission, he stated that he prefened the lowest density possible for zoning, i.e. R-1 and was concerned that he would not be able to continue to farm the ground once it is annexed. He also expressed concern about the fluctuating numbers of farm animals on a working farm and the difficulty in accurately assessing the total of animals on the property at one time. He also expressed concern that if the property is sold, it should remain a farm. Bob Carrow of 3110 S. Montana testified, stating that he has no objection to incorporation but was concerned about higher density zoning south of Spruce and the unimproved nature of Montana Ave. and Ustick Road, particularly in view of their status as arterials and the potential school sites on Montana Avenue. His concern centered on the higher levels of traf�ic anticipated because of the three school sites and the additional burden this might place on that street with higher density zoning.. He agreed that there needs to be another cross street between l Oth and Montana. In response to a question from Dorothy Davidson, Mr. Carrow said that he would prefer the zoning to remain R-1. Dennis commented that one of the reasons why annexation is pursued for this area is that new sewer and water lines are being extended south along the Dixie Drain out to Ustick and down Montana to the new Valliwe High School. Property to the south will likely come into the City in the near future. One of the things identified as a need in the Transportation Component is upgrading Montana. One of the ways cities obtain funding to upgrade streets is to put the request on a list and submit it to the Department of Transportation. One prerequisite for funding is having the street under the city's jurisdiction, It becomes important for the City to look at annexing such areas in order to address infrastructure needs and facilities . In response to a question from Madeline, Dennis said that one option would be from a long range perspective to indicate in the Comprehensive Plan that the land use designation for the area should be high density residential. The Commission can keep the zoning at R-1 until such time as an applicant approaches the City with a specific development proposal. Answering a question from Dorothy, Dennis replied that the reason for considering high density residential is because the Comprehensive Plan identifies a deficiency in R-3 property. There is no vacant R-3 property in the City and commercial property is being used for high density residential MINUTES P8Z 03-16-95 Page 2 � ` development. As areas are brought into the City they should be evaluated to meet a variety of housing needs. This site seems well suited and well buffered for a high density type use. After some further discussion, Madeline offered a Motion to forward a recommendation of approval of High Density Residential for the Comprehensive Plan Land Use Map for the property south of and adjacent to Spruce Street to a11ow more fle�cibility in that area. Sonia seconded the Motion. ROLL CALL VOTE. Those voting yes: Buckendorf, McConnell, Pilote, Taylor, Davidson, Huyck. Those voting no: None. Absent and not voting: Rivers. MOTION CARRIED Madeline then offered a Motion to forward a recommendation of approval of R-1 zoning for the properties north and south of Spruce Street. Sonia seconded the Motion. ROLL CALL VOTE. Those voting yes: Buckendorf, McConnell, Pilote, Taylor, Davidson, Huyck. Those voting no: None. Absent and not voting: Rivers. MOTION CARRIED The next public hearing concerned a request for the construction of a 132 unit multi-family housing complex in the C-2 (Community Commercial) zoning district on property located on the northwest corner of Blaine Street and Georgia Avenue and a request for a Variance for the same property to allow a reduction in the rear yard setback from the prescribed 20 feet to 5 feet to accommodate placement of a residential building. Applicant: Georgia Square Partners. The two requests were reviewed simultaneously. Dennis illustrated the location of the property and the adjustments to the site plan, which had been distributed prior to the meeting. He indicated the building which will encroach into the Wilson Drain easement. The encroachment will have to be approved by the Bureau of Reclamation {BOR} and Pioneer Irrigation. There was some concern about putting a drive approach on Blaine Street immediately adjacent to Taco Time. The same concern was expressed by other City Departments. Dennis also cited excessive speeds at that area of the Blaine Street and the City's intention to evaluate the cunent 35 m.p.h. speed restrictions and possibly lower them to 30 m.p.h. The City will also evaluate pedestrian crosswalks between Georgia Avenue and 21 st for safer passage. In response to a question from Terry, Dennis said that any extension of a proposed greenbelt and pathway would be on the north side of the drain at this point. Doug Tamura, representing the applicant, thanked Staff for all their assistance and explained that the development is projected to be in two phases, with the second phase, which includes the area of the Variance request, to be constructed after approval from the BOR and Pioneer Irrigation. The MINUTES P8Z 03-16-95 Page 3 � applicant also plans to work with the Parks Department in relocating the bleachers next to the ballfields. He stated that they are willing to make the Blaine Street approach a restricted emergency vehicle access approach with appropriate landscaping to deter public access. The Georgia Street access has been moved back for better vehicle stacking. Terry expressed concern about traffic coming from the west and returning on Blaine having to cross from the lefthand lane to the righthand lane across more lanes of traffic to enter the complex. Mr. Tamura agreed but pointed out that as Caldwell grows there may well be a traf�c signal at that intersection. In response to a question from Madeline, Dennis said that tra.i�c generation for the complex is anticipated to be considerably less than a permitted retail commercial use. He added that as development increases, there is a possibility of developing what is the old Stock Trail into an access road between Linden and 21 st Avenue. Georgia Avenue may be able to make a connection to this area. In response to a question from Rick, Mr. Tamura said that he agreed with suggested amended terms and conditions, although would like some flexibility for design for the top of the slope adjacent to the Drain to read "or as approved by Staff'. Terry offered a Motion to approve the Special Use Pernut subject to amended terms and conditions. Dorothy Davidson seconded the Motion. ROLL CALL VOTE. Those voting yes: McConnell, Buckendorf, Pilote, Davidson, Huyck. Those voting no: None. Absent and not voting: Rivers. MOTION CARRIED Terry then offered a Motion to approve the Variance subject to amended terms and conditions. Madeline seconded the Motion. ROLL CALL VOTE. Those voting yes: McConnell, Buckendorf, Pilote, Davidson, Huyck. Those voting no: None. Absent and not voting: Rivers. MOTION CARRIED Madeline asked that Staff evaluate traffic speed on Blaine Street. The Chairman called for a five minute recess. The next public hearing was a request for a zone change from R-1 (Single Family Residential) to R-2 (Combined Medium Density Residential) for property at the southeast corner of Indiana Avenue and Marble Front Road. The applicant is Raintree Corp. represented by Dave Wheeler. � MINUTES P8Z 03-16-95 °y�N . � Dennis explained that this request is to accommodate a planned unit development complex which will be one unit per acre in excess of the 6 units per acre permitted in the R-1 zone. The Comprehensive Plan Land Use Designation for the subject area is High Density and the request will conform to that designation. There is a proposed Development Agreement with the Zone Change request so that if the development does not take place the zoning would revert to R-1. A number of property owners have contacted staff and visited the Department to look at the plans. Mr. Wheeler said that the concept is designed for what are known as "empty nesters", a maintenance free complex with ponds, attractive landscaping and homeowners association. In response to a question from Sonia, Mr. Wheeler stated that mosquitos should not be a major problem since the water in the ponds is very fast flowing. Jim Schmollinger of 220 Howe requested the zoning be retained as R-1, particularly since there are other high density apartments in the area and there are problems. In response to a question from Rick, Dennis explained the difference between the two zoning districts and the relationship to the development agreement. The units are essentially single family homes with some zero lot lines linked by garage walls. In answer to a question from Madeline, Dennis said that this area is transitional and there are different types of housing in the area. There being no further public testimony the hearing was closed. The general consensus of the Commission was that the Development Agreement alleviated concerns about the zone change. Madeline offered a Motion to forward a recommendation of approval to City Council for a change in zoning from R-1 to R-2. Terry McConnell seconded the Motion. ROLL CALL VOTE. Those voting yes: Buckendorf, McConnell, Pilote, Taylor, Davidson, Huyck. Those voting no: None. Absent and not voting: Rivers. MOTION CARRIED The final public hearing was a request to construct a Planned Unit Development complex for the same property. The Commission considered a Preliminary Plat for the property, Augistina Subdivision, at the same time. Dennis explained that a copy of a warranty deed had been received and distributed prior to the hearing which removed any responsibility of the property owners for road improvements on Marble Front Road. The City is in the process of preparing final design plans for the Marble Front , improvements from Illinois to Georgia, which are being funded through the State Department of Transportation. These will be improved in the spring of 1996 and include the frontage on the subject property. There will have to be some additional right-of-way dedication along Marble Front from 14' at the Indiana end to 0' at the eastern end of the property. This dedication will be required as a separate instrument. MiNUTES P82 03-16-95 , Page 5 � Mr. Wheeler said that the complex is not an affordable housing complex but rather convenience housing. Phil Fouts of 2307 Pleasanton expressed concern about traffic access particularly at the intersection of Marble Front and Illinois, and the possible devaluation of property, although Mr. Wheeler had alleviated that concern somewhat. His main concern was drainage since there are four drainage channels - irrigation, natural drainage and storm drain from the cul-de-sac on Pleasanton under the Fouts property to the subject property and he would like to have assurances that the drainage will be maintained and not end up in his basement. Dennis said that during the review process, the Engineering Department had looked at the drainage concept in some detail. The property receives a lot of storm water run-off from other areas around it. However, Engineering felt drainage was being addressed appropriately. One of the conditions of the plat requires a detailed drainage plan before final plat approval. Whoever develops the property has to preserve the integrity of the natural drain, but they are not necessarily required to preserve it in its present form. There was concern expressed about traffic on Marble Front Road. Dennis said that this project could be built with one less unit without a use pernut and generate essentially the same amount of trai�c. However, the way the project is being designed and marketed, it is not anticipated that it will create a major trafFic problem. With the street improvements scheduled some of the problems should be alleviated. The public testimony portion of the hearing was then closed. Bettie commented that in addition to the lack of R-3 vacant property there is also a lack of planned unit developments. She liked the concept presented. Terry agreed. Bettie then offered a Motion to approve the Special Use Permit subject to suggested conditions. Terry McConnell seconded the Motion. ROLL CALL VOTE. Those voting yes: Pilote, Davidson, Huyck, McConnell, Buckendorf, . Those voting no: None. Absent and not voting: Rivers. MOTION CARRIED Bettie then offered a Motion to approve the Preliminary Plat subject to suggested amended conditions. Terry McConnell seconded the Motion. ROLL CALL VOTE. Those voting yes: Pilote, Davidson, Huyck, McConnell, Buckendorf, . Those voting no: None. Absent and not voting: Rivers. MOTION CARRIED MINUTES P8Z 03-16-95 Page 6 -� y i Dennis reported on City Council action a.nd advised the Commission that a special meeting is required for 12 noon on Tuesday, March 28 to review a Variance request. Bettie indicated that she could not be present. Dennis then reviewed potential items for the Apri16 and Apri120 agendas. There being no further business the meeting adjourned at 10:30 p.m. Respectfully Submitted, / , �- ���..�. "�.-`�-�',' Liz Yeary, J Rick Wells Recording Secretary Chairman MINUTES P&Z 03-16-95 Page 7