Loading...
HomeMy WebLinkAbout9-21-1995 P&Z MINUTES '- PLANNING AND ZONING DEPARTMENT , City of Calc1we11 NANCY HUFF Planning 8 Zoning Director 621 CLEVELAND BLVD. CALDWELL ID 83605 TELEPHONE 455-3021 FAX 455-3003 MINUTES OF THE PLANNING AND ZONING COMMISSION Meeting of September 21, 1995 Preseat: Chairman: Rick Wells, Madeline Buckendorf, Sonia Huyck, Terry McConnell, Mike Nachtigall, Bettie Pilote Absent: Dorothy Davidson Staff: Nancy Huff, Liz Yeary Prior to the start of the meeting, the Commission were advised that a meeting has been scheduled with the City Attorney for October 5, 1995, at 7:00 p.m. in the City Council Chambers, as a work session concerning what action the Commission can legally take, conflict of interest, etc. 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 Ha11 Council Chambers. The first item of business was approval of the minutes for the meeting of September 7, 1995. The Minutes were approved unanimously. I The public hearing portion of the agenda then followed. Chairman Wells explained the procedure for public hearings. 4a. A request for an amendment to the Comprehensive Plan within the Area of City Impact of the City of Caldwell, changing the Designation from Agricultural to Industrial. The subject property is located at the northeast corner of Hwy. 20/26 and Farmway Road. (This item is continued from the August 10, 1995 agenda.) Applicant: Hwy26 Grazing Co./Scott Ludwig. Staff explained the request and process the applicant has to follow, since the property is within the Area of City Impact. She referred to reports submitted by the applicant which classify the land as marginally agricultural and irrigated crop land. Under current County zoning, the parcel may be split into two large lot single family homesites. Other uses within the Agricultural A zone include nurseries, fruit, vegetable and farm produce stands, storage and warehousing of fertilizers, grain, MINUTES P8Z 9-21-95 Page 1 ' potatoes, and other agricultural produce and similar uses that are compatible to agricultural uses. Under the conditional use pernut procedure possible uses include a cemetery, commercial feed lot, poultry production and products, kennel, animal hospital, dairies, food processing facilities, fertilizer processing, golf course, planned unit developments, winery, amusement park or similar uses. She went on to say that an option is to consider a Commercial classification rather than an Industrial classification, and possibly extend the area to the freeway. In response to a question from the Chair, Staff reported that no person other than the applicant had approached the Department concerning this item. Scot Ludwig, attorney representing the group of owners, namely Mr, and Mrs. Jerry Trammel, Harold Busman and T. Lyons, testified. Mr. Ludwig agreed with Staffthat a Commercial designation would probably be more appropriate, particularly in regard to the proposed use and therefore changed the request to Commercial. He stated that he had met with Dennis Crooks, who had felt that Industrial was the appropriate classification, but after talking with Nancy Huff, he agreed Commercial would be the best option. Mr. Trammel is moving his business to Canyon County because he now lives in Canyon County. Mr. Ludwig viewed the property on the day of the meeting and stated how busy the corner was with truck traffic along Hwy.20/26 and people coming from and going to the Labor Camp. He said that he had contacted neighboring property owners who expressed no concerns about the proposed use. In addition to the soil report, he obtained an estimate from a land levelling company, Wallace Land Leveller, with regard to grading the land for agriculture and was given an estimate of $28,000 to $30,000. Hwy.26 Grazing Co. plan to having a contractor's shop and administrative office on the site with some equipment storage and six or seven staff members. In response to a question from the Chairman, Mr. Ludwig said that poor soil conditions plus a high water table make the land uneconomic for agricultural use. Jerry Trammel, co-owner, explained that there would be a 5,000 sq.ft. building on site, the front of which would be an office and the rear a warehouse area for materials and tools and closed his testimony by offering a photograph as evidence of the quality of the proposed business. The public testimony portion of the hearing was then closed. Commissioner Wells said that he had looked at the property and read all the reports and agreed that it appeared to be unusable as farm ground. Commissioner Buckendorf expressed concerns that in permitting commercial growth in an area not contiguous to the City would open up the corridor to strip commercial development. She felt that the area was essentially rural in nature and the impact of business would be negative. She identified sites within the City which are zoned Industrial and are available. MINUTES P8Z 9-21-95 Page 2 ' Commissioner Wells cited excerpts from the Comprehensive Plan "keeping agricultural land agricultural and allowing development in places where land is less suitable for agriculture". He felt this proposal was consistent with that phrase. Commissioner Huyck said that she did not feel the business would generate a lot of extra traffic. Commissioner Pilote reminded the Commission that their responsibility is to look to the future and part of the future success of the community is commercial growth and industrial growth. She felt it was a positive addition to the community. Commissioner McConne(1 agreed, stating that the land is adjacent to a State Highway where commercial uses should be encouraged. This parcel has been vacant for many years. He surnused that the portion of property north of the Canal might be farmable. But it would seem reasonable to allow this amendment particularly in view of its pro�umity to the Highway. Commissioner Buckendorf asked why such a change is requested when the "A" zone allows a wide variety of uses. Commissioner Nachtigall expressed support of the proposal, commenting on potential future expansion, and other areas like Simplot Blvd. Commissioner Buckendorf stated that it should not be perceived nor characterized as anti development to try and keep growth closer to the City and looking at the overall picture; mistakes have been made in the past with strip development. Commissioner McConnell said that while he agreed with the philosophy, a commercial designation for this particular property and its location would be appropriate. Commissioner Huyck agreed adding that she prefers Commercial to Industrial and C-3 uses in the County are preferable to some of the "A" uses pernutted. Commissioner Pilote offered a Motion to recommend to City Council a Comprehensive Plan designation of Commercial based on the poor land use and the pro�umity to both federal and state highways. Mike Nachtigall seconded the Motion. ROLL CALL VOTE. Those voting yes: Pilote, Nachtigall, Huyck, McConnell. Those voting no: Buckendorf. Absent and not voting: Davidson. MOTION CARRIED 4b. A review of preliminary information provided in a transportation study, feasibility study and structural survey of the Marjorie Bushnell Community Center (formerly Jefferson Junior High School) at l lth Avenue & Dearborn Street in Caldwell. Staff reported that Rob Shields had requested that this item be withdrawn from the agenda. MINUTES PSZ9-21-95 Page 3 ' 4c. An amendment to the City of Caldwell Comprehensive Plan Land Use Component I addressing improvements for subdivisions within the Area of City Impact. Applicant: City I of Caldwell. i Ms. Huff explained that this item had been initiated by Ms. Olson to provide wording to a11ow the ', City to evaluate required subdivision improvements particularly in regard to development within ' the Area of City Impact. Commissioner Buckendorf said that there is a real need to have a simple clear policy to deal with the Area of Impact consistently rather than on a case by case basis. Ms. Huff stated that funds have been budgeted for the coming year to update the Subdivision Ordinance, including the Area of City Impact. There continued discussion over the fiustration of jurisdictional control between Canyon County, City of Caldwell, and Canyon Highway District. Commissioner McConnell stated that he had been told by the Manager of Canyon Highway District No.4 that however we require street improvements, the District will maintain them. Ms. Huff said she received the same assurances but there is a letter from Sid Bright to the contrary. Ms. Huff stated that a meeting has been arranged between the City Engineer and the Highway District in an attempt to facilitate matters. After some further discussion, Commissioner Buckendorf offered a Motion to recommend approval of the proposed Comprehensive Plan amendment as worded in the Staff Report finding that the proposal is in conformance with the Comprehensive Plan and will help the Commission, as an interim measure, in determining the most effective way of evaluating improvements for Area of Impact subdivisions under cunent Comprehensive Plan guidelines. It would be hoped that the procedure for the subdivisions within the Area of Impact be clarified as quickly as possible for both landowners and Commissioners. Commissioner Huyck seconded the Motion. ROLL CALL VOTE. Those voting yes: Buckendorf, Pilote, Huyck, McConnell. Those voting no: Nachtigall. Absent and not voting: Davidson. MOTION CARRIED Commissioner Nachtigall commented that in reviewing what is supposed to be the wording he did not see where it is any different than what is already in the Plan. Commissioner Huyck said that the wording "to be worked out with other relevant political subdivisions" gives ability to other entities in addition to the Planning and Zoning Commission. Commissioner Buckendorf expressed her concern over who has what jurisdiction and that guidelines have to be provided for the Commission to follow, and review recommendations of other jurisdictions. There should be a work session with the City Council as soon as possible on this issue. MINUTES P&Z 9-21-95 Page 4 � 4b. A request for annexation to the City of Caldwell, Comprehensive Plan Designation of a mixture of Commercial and Light Industrial and an Amendment to the official zoning map from County to C-3 (Service Commercial) and M-1 (Light Industrial) for property located generally on both sides of Cleveland Blvd. (also known as Caldwell Blvd.) between Ustick Road and Laster Lane. Applicant: City of Caldwell. Ms. Huff explained that this review was initiated by City Council since City utilities are being e�ended along the Boulevard and the State is constructing improvements for the same area. Staff had received a phone message concerning the financial aspect of annexation and two letters expressing opposition to this annexation. The Chairman explained to the public that the Planning and Zoning Commission do not act on the annexation but simply recommend a zoning and Comprehensive Plan designation. Wayne Farwell expressed opposition to his own property being annexed since it was larger than five acres. The Chairman reminded him that the Planning and Zoning Commission do not take action on the annexation. An excerpt from the State Code §50-222 concerning annexation of parcels was read. Mr. Farwell said that while the annexation is supposed to eliminate jurisdictional problems this will simply move jurisdictional problems further along the Boulevard. After some further discussion on the ability of the Commission to rule on annexations, and the qualifications of property under which they can be annexed, Commissioner McConnell offered a Motion to recommend that City Council adopt a Comprehensive Plan land use designation of Industrial for the properties north of Arthur Street e�ended, adopt a Zoning District classification of M-1 (Light Industrial) for the properties north of Arthur Street e�rtended, adopt a Comprehensive Plan land use designation of Commercial for the remaining properties, and adopt a Zoning District classification of C-3 (Service Commercial) for the remaining properties. This recommendation is based on the fact that the subject properties qualify for annexation in that they are of 5 acres in size or less or have been subdivided since 1972, have the potential to be served by City water and sewer, and provide for the orderly growth of the City. Bettie Pilote seconded the Motion. ROLL CALL VOTE. Those voting yes: McConnell, Buckendorf, Pilote, Nachtigall, Huyck. Those voting no: None. Absent and not voting: Davidson. MOTION CARRIED 4e. A proposed Code Amendment to the Zoning Ordinance of the City of Caldwell which would permit expansion of nonconforming single family dwellings under certain conditions. Applicant: City of Caldwell. Ms. Huff explained that this item had been initiated by the Commission at the request of Staff to assist property owners with non-confornung residences in industrial and commercial zones to MINUTES P8Z 9-21-95 Page 5 ' improve their properties. The amendment will be at the discretion of the Planning and Zoning Director and will follow certain criteria identified in the Staff Report. The Chairman was concerned that one expansion after another could be requested, but Commissioner McConnell said that as long as the criteria are met, the amendment should work and he thought this was an appropriate amendment. If there is a problem, the property owner has recourse to approach the Planning and Zoning Commission. Commissioner Huyck agreed stating that if approvals become confusing the Director can approach the Commission and the amendment can be reviewed. Commissioner Huyck then offered a Motion to recommend approval of the proposed amendment finding that the amendment conforms with the Comprehensive Plan Housing Component and will serve to provide an incentive for property owners to upgrade non-conforming buildings to a safer and more attractive situation. Commissioner Nachtigall seconded the Motion. ROLL CALL VOTE. Those voting yes: Huyck, McConnell, Buckendorf, Pilote, Nachtigall. '�, Those voting no: None. Absent and not voting: Davidson. MOTION CARR�D 4f. A proposed Code Amendment to the Zoning Ordinance of the City of Caldwell which would permit the Planning and Zoning Director to review and where appropriate grant administrative approval for the placement of a Security Residence in industrial and commercial zones. Applicant: City of Caldwell. Staff explained that this item was initiated by the Commission after several Special Use Permit requests were processed by the Planning and Zoning Commission for security units in commercial and industrial zones. The intent of the amendment is to allow the Planning and Zoning Director, under the Administrative Approvals rules, approve placement of a security unit subject to regular setback, parking and other applicable criteria. After some discussion Commissioner Buckendorf offered a Motion to recommend to City Council approval of the proposed amendment finding that it was in conformance with the Comprehensive Plan. Commissioner Huyck seconded the Motion. ROLL CALL VOTE. Those voting yes: Buckendorf, Pilote, Nachtigall, Huyck, McConnell. Those voting no: None. Absent and not voting: Davidson. MOTION CARRIED Ms. Huff commented on items acted on by Council. Commissioner McConnell was concerned that the City Council denied the recommendations of the Planning and Zoning Commission in allowing development directly ne�ct to the City which will encourage developers to build outside MINUTES P8Z 9-21-95 Page 6 � ' the City rather than within the City. Commissioner Pilote agreed, asking about the impact on citizens of Caldwell within the next five years, and how currently citizens are paying the 30% improvements necessary on properties that have been annexed, which were developed without improvements. Commissioner Buckendorf said that it is not clear whose jurisdiction the Area of Impact falls under and the procedure for that area is also not clear. Commissioner McConnell said that the Area of Impact was introduced so that cities could have a say in how development close to their boundaries is approved so that any impact will be minimal. He asked for a meeting with the City Council, Canyon County and the Canyon Highway District to discuss the Area of Impact. Commissioner Buckendorf asked for a legal opinion from the City Attorney as to who has jurisdiction. Ms. Huff said that she will discuss these issues with the Mayor and arrange a meeting as requested. Ms. Huff outlined potential items for forthcoming Planning and Zoning Commission agendas. Commissioner Wells reported that he had discovered that probation offices were being constructed on the old Saratoga Hotel site on Main and 7th and he had been concerned about the appropriateness of that location. However, having discussed this with Chief Law, his concerns were put to rest. There being no further business the meeting adjourned at 10:00 p.m. Respect lly Submitted, � G� � Liz Y`eary, Rick Wells Recording Secretary Chairman MINUTES P8Z 9-21-95 Page 7