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HomeMy WebLinkAbout7-6-1995 P&Z MINUTES , MINUTES OF THE PLANNING AND ZONING COMMISSION Meeting of July 6, 1995 Present: Dorothy Davidson, Sonia Huyck, Terry McConnell, Mike Nachtigall, Rick Wells Absent: Madeline Buckendorf, Bettie Pilote Staff: Carla Olson, Liz Yeary At the pre-agenda meeting several matters were discussed. The agenda was amended to review West Valley Estates Subdivision prior to the public hearing portion of the agenda. A question was raised by Staff concerning expansion of a non-conforming single family residence and the ability of Staff to review these requests administratively. The Commission agreed to initiate this Code Amendment. The regular meeting of the Planning and Zoning Commission was called to order by Vice-Chairman, Terry McConnell, at 7:15 p.m. in the City Ha11 Council Chambers. Chairman Rick Wells arrived late at the meeting and took his seat after the review of West Valley Estates Subdivision. The first item of business was approval of the minutes for the meeting of June 15, 1995. Commissioner Huyck offered a Motion to approve the Minutes as distributed. The motion was seconded by Commissioner Davidson and passed unanimously. The first item considered was a review of a Preliminary Plat for West Valley Estates Subdivision located south of the Phyllis Canal west of Montana Avenue on Homedale Road. Ms. Olson explained that this subdivision had been presented previously as Paradise View Subdivision with 321ots. On this occasion the applicant is requesting three waivers from the Subdivision Ordinance, waiver of curb and gutter, waiver of sidewalk and waiver of the requirement to connect to City sewer. When the subdivision was previously submitted the same waivers had been requested and been denied by City Council. The request had been re-submitted with larger lots in hopes that the waivers would be approved. Ms. Olson said that the Comprehensive Plan shows the area as Low Density Residential with a zoning of R-S-2. The request for curb and gutter waiver can be granted where urban density is less than 3 or more lots per acre. This development has less than two lots per acre. Staff is recommending approval of the Preliminary Plat, but denial of the three requested waivers subject to suggested conditions. Commissioner Huyck asked if there should be a condition requiring a name change for the one street. Ms. Olson agreed that this should be a condition. Ms. Olson added thax in her opinion, the more restrictive sidewalk requirement should apply since the lots ultimately could be divided further, where sidewalks would be prefened. Commissioner Davidson agreed commenting on its proximity to the new Vallivue High School. Mike Nachtigall said that he was still unclear about the sidewalks, and had not been present at previous meetings when this subdivision was discussed. Ms. Olson explained the sidewalk, curb and gutter improvement requirement. MINUTES P8Z 7-6-95 Page 1 r A change had occurred since the previous plat submittal for this property, in that a project for the corner parcel at Homedale Road and Montana Avenue would extend the sewer 700 feet closer which would make it viable for the subject property to extend sewer service. Don Brandt, applicant, stated that the zoning for this property was requested after consultation with staff, area property owners and examination of the land uses in the area. The application is not an urban type subdivision but a rural one and will act as a buffer between smaller urban type developments and agricultural uses and larger acreages around it. For normal zoning they would have no objection to putting in all the urban requirements. With larger lots it becomes economically unfeasible to put such improvements in. The reason for the resubmittal was that it might be more acceptable with larger lots to waive the improvements. The urban density for this project is less than one lot per acre and it is up to Council's discretion to allow such developments with or without improvements. There are similar developments all over the county. This is the first subdivision reviewed with this type of zoning and the economic feasibility of such projects needs to be taken into consideration. Mr. Brandt continued that it is very clear in the Comprehensive Plan that rural lots exceeding 120' of frontage should not be required to install sidewalks. To avoid the possibility of resubdividing lots in the future which would require sidewalks, the homeowners covenants could restrict resubdivision. This project is proposed with a grass strip and borrow pit like similar developments in Nampa and Canyon County. In reference to the sewer connection requirement, Mr. Brandt said that with the previous submittal , this requirement was waived for the 1/2 acre lots and it makes no sense to impose it for this submittal. ' Such a connection would require crossing the Phyllis Canal. With reference to the lot designs, this can be dealt with before final plat. In response to a question from Commissioner Huyck, Mr. Brandt said that the cost of putting in a sewer system compazed to a septic system would be tremendously higher. Answering another question, Mr. Brandt said that improvements drive up the price of the lots and make it unable to compete with Nampa. Commissioner Huyck said that she understood covenants were unenforceable. Commissioner Davidson commented that with regard to sidewalks, children will be walking to school and should use sidewalks. Mr. Brandt disagreed saying that this area will be served by the Caldwell School District and will be served by buses. Commissioner Huyck said that any children in the area will want to use the school's outdoor facilities in addition to major events. City Engineer, Gordon Law, said that the Engineering Department does not have a major concern about sidewalk but he was concerned about requiring curb and gutter to prevent future problems with storm drainage and the curb and gutter retains the center of the road at the elevation designed to provide proper flow. He disagreed with Mr. Brandt on the cost of crossing the Canal with the sewer, stating that it is easier to cross a canal than a drain because of depth required to cross the drain. In reference to the sewer extension, if one small development can extend the sewer 700', then it would seem reasonable that this project could extend the sewer a shorter distance. To try and extend sewer to under-served areas years after a development is a major problem that we are experiencing in other areas of the City. MINUTES P8Z 7-6-95 Page 2 , � In response to a question from Commissioner McConnell, Gordon Law said that improvements either have to be constructed at the beginning or the developer will have to provide a security bond to construct them, and will then be able to obtain building permits. All improvements associated with a lot should be in place prior to final occupancy. Commissioner Huyck commented that she felt it was far preferable to be served by City sewer than City water and would make the lots more attractive to a buyer. Commissioner McConnell commented that when this project was submitted earlier the Motion was made to require all street improvements. With the pace of development he concurred with Staff's recommendations. Commissioner Nachtigall said that he would like to be able to review previous meeting documents. Commissioner Nachtigall then offered a Motion to table the item until he had an opportunity to further study the information. The Motion died for lack of a second. Commissioner Huyck said that she did not want to hold up the developer. There was no difference in this submittal from the previous one apart from the sewer hook up availability. Commissioner Huyck offered a Motion to recommend approval of the Plat for West Valley Estates Subdivision subject to conditions suggested by staffwith an added condition that street names be changed to agree with Fire Department recommendations. She recommended denial on all waiver requests. Commissioner Davidson seconded the Motion. ROLL CALL VOTE. Those voting yes: Huyck, Davidson, McConnell. Those voting no: Nachtigall. Absent and not voting: Buckendorf, Pilote, Wells. MOTION CARRIED Commissioner Wells then took a seat. Commissioner McConnell retained the Chair and indicated that he would not vote as Chair except for a tie. Before the public hearing section of the agenda the Vice-Chairman outlined the procedure for those present. The first item of public hearing concerned a request for annexation, Comprehensive Plan Designation of Low Density Residential, and an Amendment to the official zoning map from County R-1 to R-1 (Single Family Residential) for property located on the north side of Owyhee Lane west of Reece Avenue. The applicant was George Nishitani. Ms. Olson explained the location of the property. The proposed annexation and zoning meet the guidelines of the Comprehensive Plan except for city sewer connection. The requirement to connect to City sewer can be waived if sewer is not readily available due to topography of land. The property is about 1 acre in size and to be served by sewer a lift station would have to be installed. The proposed zoning meets the purpose statement of R-1 zoning in the ordinance. MINUTES P8Z 7-6-95 Page 3 i ommissioner Nachti all offered a Motion to recommend a roval to Cit Council for the � C P Y g P � annexation com rehensive lan and zonin as described b Staffbased on findin that the ro osal , P P g Y g P P meets the guidelines of the Comprehensive Plan except for extension of sewer to annexed parcels. The parcel represents a minor exception to the sewer guidelines as it is small (one acre) and due to elevation could not be served without a lift station The proposed R-1 zoning meets the purpose statement for R-1 in the Zoning Ordinance. Commissioner Wells added that it meets all the criteria for consideration and there does not appear to be any opposition. ROLL CALL VOTE. Those voting yes: Nachtigall, Davidson, Huyck, McConnell. Those voting no: None. Absent and not voting: Buckendorf, Pilote. MOTION CARRIED The next item was a request for annexation, Comprehensive Plan designation and zoning classification for property on the north side of Ustick Road north of I-84 (5615 Aviation Way). The applicant was Rick Musick representing Musick and Sons. The same property is requesting a Special Use Permit to operate an auction establishment. Ms. Olson explained the location of the property. The request does not involve a change in the Comprehensive Plan which already designates the area as Industrial. The recommended zoning is M-l;AP (Light Industrial; Airport Overlay). The applicant intends to use the ea�cisting office building and gravel parking lot. Staff is recommending approval of the annexation and zoning based on finding that it meets the Comprehensive Plan provisions requiring that future more intense development will require extension of services. No additional buildings are planned for this project so the requirement to connect to City sewer may be deferred. The zoning requested meets the zoning purpose statement for the M-1 zone. Staff is recommending that the septic system be removed for all but the office building. Portable facilities will be provided on auction days. The existing water supply has been high quality and high volume and staff recommend it be allowed to continue as long as it meets all of the testing requirements of the Health Department. Department findings include that the proposed auction yard, as conditioned, is not likely to cause detriment to persons or property, does not conflict with guidelines of the Comprehensive Plan and will comply with applicable zoning requirements. Commissioner Wells commented that the site is fairly close to the freeway and he was concerned I about visibility of unsightly portable units when the septic tanks are available. ' Rick Musick, Musick and Sons, testified that the company is a quality business and will run a very well organized operation. They plan to remove the mobile home and wash rack in addition to the two septic tanks. The septic tank location for the mobile home will not be accessible to the public and so is not worth keeping. The other septic tank is not located in an area best served. Furthermore, because of the traffic flow, it is more feasible and convenient to bring in the portable units and place them better to serve customers. This will accommodate a maximum number of people converging on one location on one day. MINUTES P82 7-fr95 Page 4 � In response to a question from Commissioner McConnell, Mr. Musick said that they anticipate one sale per month except for special sales and they do not typically sell things that need to be retained in a building. Commissioner Wells expressed concern about beautification of entryways to the City. Mr. Musick said that a sight barrier fence would be installed for security reasons which would also act as a sight barrier. When necessary a security guard will be posted. After some further discussion, Rick Wells offered a Motion to recommend to City Council confirmation of the Comprehensive Plan Designation of Industrial and a zoning classification of M-1;AP for the subject property based on finding that the request complies with the Comprehensive Plan goal and will ensure that future more intense development of the site will likely require extension of services; the request meets the Ordinance purpose statement for the M-1 and Airport Overlay Zones. ROLL CALL VOTE. Those voting yes: Wells, Nachtigall, Davidson, Huyck. Those voting no: None. Absent and not voting: Buckendorf, Pilote. MOTION CARRIED In discussion of the Special Use Pernut Commissioner Wells commented that he would recommend changing the wording of suggested condition #7 to require that the septic tanks for the mobile home and wash rack will be disposed of in accordance with Southwest District Health Department requirements. He would also recommend amending condition #8 to require that the artesian well, used for drinking water, will be tested regularly in accordance with applicable state, federal and local public drinking water supply requirements. He also added a condition requiring a review in two years to evaluate sanitary conditions for the facility. Commissioner Wells offered a Motion to re-open the public hearing in order to ask the applicant a question. Commissioner Nachtigall seconded the Motion which passed unanimously. Commissioner McConnell commented that the Commission would feel more at ease if they had some kind of time limit in case business increased to such a level septic tanks and portable facilities became a health hazard. Mr. Musick said he would also like to connect to sewer when it becomes more cost effective. The septic ta.nks in place are not sufficient capacity to deal with the business. After some further discussion Commissioner Wells offered a Motion to approve the Special Use Permit subject to suggested terms and conditions with amended items 7 and 8 and additional item #14, finding that the proposed use is not likely to cause any detriment to persons or properry in the vicinity, the proposed auction yard does not conflict with the goals of the Comprehensive Plan, and the proposed auction yard, if it meets all recommended conditions of approval will satisfy zoning ordinance requirements. ROLL CALL VOTE. Those voting yes: Wells, Nachtigall, Davidson, Huyck. Those voting no: None. Absent and not voting: Buckendorf, Pilote. MOTION CARRIED MINUTES P8Z 7-6-95 Page 5 . , The final public hearing was a request by Duain Ackerman and the City of Caldwell for consideration of annexation, Comprehensive Plan designation and zoning classification for property in and around Hilldrop Subdivision. Ms. Olson explained that the Comprehensive Plan designation is already Low Density Residential. Duain Ackerman said that he would like to build some homes similar to the one he has already built. The neighborhood is growing and he would like to develop his property like other homes in the area. Tim Parker stated that he has had to put water filters under the house to filter out sand. He wanted to know when water would be available, which is 1996. He did not want any other zoning than R-1. Mr. A.M. Van Atta spoke, questioning what benefits he would receive from annexation, since his water is better than City water. He would like an itemized list of what it would cost to connect to city sewer and city water. His systems are not in trouble. Commissioner Wells suggested Mr. Van Atta take his concerns to the City Council for the annexation hearing. In response to a question from Commissioner Wells, Mr. Van Atta said that he would like the zoning to be R-1. Commissioner Huyck suggested that citizens wishing to find out the financial angle of connecting to City water and sewer approach the Engineering Department individually. Commissioner Wells offered a Motion to recommend approval of the Comprehensive Plan designation to remain as Low Density Residential, and for the Zoning classification to be R-1 based on finding that the annexation meets the goals of the Comprehensive Plan, and the zoning would meet Comprehensive Plan guidelines and the Zoning Ordinance purpose statement for R-1 zoning. Mike Nachtigall seconded the Motion. ROLL CALL VOTE. Those voting yes: Wells, Nachtigall, Davidson, Huyck. Those voting no: None. Absent and not voting: Buckendorf, Pilote. MOTION CARRIED Ms. Olson commented on items acted on by Council and potential items for forthcoming Planning and Zoning Commission agendas. Commissioner Wetls said that he had been contacted by Sacajawea School and asked that Commissioners go and look at the sign and compare its location to that approved by the Commission previously. It was suggested that a work session be scheduled with the City attorney concerning conflict of interest guidelines, sometime after the new Planning and Zoning Director is hired. There being no further business the meeting adjourned at 10:15 p.m. Respectfull Submitted, L c� �yv � Liz Yeary, -----� Rick Wells, Recording Secretary Chairman MINUTES P8Z 7-Cr95 Page 6