CANYON COUNTY PLANNING & ZONING COMMISSION MINUTES OF REGULAR MEETING HELD Thursday, August 4, :30 P.M.

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1 CANYON COUNTY PLANNING & ZONING COMMISSION MINUTES OF REGULAR MEETING HELD Thursday, August 4, :30 P.M. 1 ST FLOOR PUBLIC MEETING ROOM SUITE 130, CANYON COUNTY ADMINISTRATIVE BUILDING Commissioners Present: Commissioners Absent: Staff Members Present: Gary Duspiva, Chairman Richard Hall, Secretary Shannon Carrell, Commissioner Sandi Levi, Commissioner Rod Garrett, Commissioner David Scheuerer, Commissioner David Rogers, Commissioner Patricia Nilsson, Director Jennifer Almeida, Planner Debbie Root, Planner Kyle McCormick, Planner Dan Lister, Planner Kathy Bowles, Recording Secretary Chairman Gary Duspiva called the meeting to order at 6:30 p.m. Secretary Hall proceeded to the business items on the Agenda. Old Business ITEM #1 J.A.P.S. / Olson PH & 21 The subject properties, R ( acres), R A ( acres), R B ( acres), R37887 ( acres), and R ( acres), and a portion of R (are currently Conditionally Rezoned to Rural Residential (CR RR) subject to Development Agreement as amended by DA Case No. CP PH , J.A.P.S. of Idaho, LLC is requesting a Comprehensive Plan Future Land Use Map Amendment of an approx acre portion of parcel R and an approx. 80 acre portion of parcel R from the Agriculture designation to the Residential designation. Concurrently, Case No. RZ PH , J.A.P.S. of Idaho, LLC, is requesting to rezone approximately acres including the following properties from CR RR (CR Rural Residential) Zone to an R 1 (Single Family Residential) Zone; parcels R , R A, and a portion of R (66.7 acres). J.A.P.S. of Idaho, LLC and Glen Olsen are further requesting to rezone acres including a portion of R (33 acres) and a portion of R ( acres) from CR RR (CR Rural Residential) to RR (Rural Residential) zone. Upon approval of the requested Comprehensive Plan Map Amendment and subsequent Rezones, the applicants are requesting to dissolve the Development Agreement as amended by DA If approved parcels R B ( acres) and R37887 ( acres) totaling acres owned by Glen C and Evelyn J Olsen Living Trust will revert to the original zoning designation of A (Agricultural). 1

2 The subject properties are located on the north and south sides of Goodson Road approximately ½ mile west of the intersection of Goodson Road and Wagner Road, Caldwell, Idaho, in Section 18, T5N, R3W, and in a portion of the NW ¼ of Section 19, T5N, R3W, Canyon County, BM. Motion: Commissioner Scheuerer moved to table Case # PH & 21 to date certain, September 15, 2016 seconded by Commissioner Levi. Voice vote, motion carried. ITEM #2 JJ&T LLC CU PH JJ & T, LLC is proposing a batch plant to be located approximately ¾ of a mile west of the intersection of Red Top Rd. and Dixie River Rd. on parcels R and R Further, the parcel is located in a portion of the NW quarter of Section 14, Township 4N, Range 4W, BM, Canyon County, Idaho. Debbie Root, Planner, reviewed the staff report for the record and introduced late exhibits #15, #16, #17 for case # CU PH Chairman Duspiva affirmed Witnesses to testify Testimony in favor: Todd Lakey, Roy Johnson Testimony in neutral: Gordon Bates, Leigh Morehouse Testimony in opposition: Don Couch Todd Lakey 34 S Bingham St Nampa ID Applicant Representative JJ&T is a small family business, the owner, Jerry Wright lives on the property and is present on site. The family is pro active regarding problem solving concerning the impact of the neighborhood. Presented a slide show describing the surrounding area. The surrounding area has eleven other operating gravel pits, six of those are approved for batch plants. The existing operations are approved through 2029, the batch plant will use the materials from the existing approved operation, and they will not be bringing materials in from offsite for processing. Seven trucks per hour is the average amount of traffic coming into the operation currently, the trucks are required to turn west upon leaving the pit as part of the conditions of approval from the Highway District. This is not an everyday operation, it is a small operation, working mostly for subdivisions, parking lots and other small projects, there is some road work however it is not major highway projects. 77,000 tons were hauled out of the pit last year, which equates to about 11 truck trips per day averaged over a one year time period. The company is going to be proactive with funding to maintain and repair the road, by giving the highway district $40, towards the bid price of road improvements and repairs, either by doing the road work or giving the $40, to the highway district to pay the lowest bidder on the project. EPA and EQ regulate the operation and can pull the CUP if there is non compliance. They have not been made aware of any health issues in the area as a result of the operation. 2

3 The applicant would be happy to put up signs and pay for them if that is required or suggested. Roy Johnson PO Box 786 Caldwell ID in favor This is a hot mix asphalt plant, with a bag plant building which is where the fumes go, collecting dust. This is an EPA requirement. There is a truck box that holds all of the electrical controls. Conveyor belts carry the material from the stockpile to the batch plant, with a hopper to load the product into the trucks. There is some odor however it goes through filters that minimize the odor. The asphalt is not sold it is used for their own paving operations. Gordon Bates 500 Golden Gate Ave Wilder ID in neutral Mr. Bates represents the Golden Gate Highway District. The applicants have met and exceeded the conditions the Highway District required. Signage is not currently in place, however there are times in their district that they require signage to be posted temporarily during peak times. If signs were required the applicant would be required to provide the signs and the highway district would install them, the applicant would be responsible for maintenance of the signs. Leigh Morehouse Red Top Rd Caldwell ID in neutral Previous concerns have been primarily met, however there is a concern about the truck traffic, it is significant. Seven trips per day is a very small and unrealistic average. The dust is a problem at times, the discussed solution is to water spray the road. Would like to see signs placed on Red Top Road to alert people that there are trucks entering the roadway. Don Couch Red Top Rd Caldwell ID in opposition Submitted a document, exhibit #19 Upon researching Asphalt plants, there is great concern regarding the toxins produced from the operation, substances causing cancer, respiratory problems, irritations to the skin, headaches, dizziness, nausea. Also the animal testing that has been done, show there could be reproductive problems, birth defects, and negative effects on the immune system as a result of these types of plants. Blue Ridge Environmental league did a study on health impacts and loss of property value, two studies found that property values were reduced by 56%, half of the residents in these areas reported negative impacts on their health. The CDC has also done reports stating the negative health impacts Would like to see and environmental study done prior to approval. Concerned about contamination of the water source used for crops and animals. Lived in the area for 22 years and has experienced illness in both themselves and animals. Motion: Commissioner Levi moved to close public testimony, Commissioner Scheuerer 2 nd motion. Voice vote motion carried. 3

4 Motion: Commissioner Garrett moved to approve Case # CU PH and accept the Findings of Fact and Conclusions of Laws, seconded by Commissioner Carrell. Roll call vote motion passes with 6 in favor and 0 in opposition. New Business ITEM #3 Rodriguez Bakery CASE# CU PH Marco and Rebecca Rodriquez with Rodriquez Bakery Inc. are proposing a food processing facility and small retail space for a wholesale bakery/tortilla factory. The property is zoned A Agricultural and assigned the Agricultural Designation on the Comprehensive Plan Future Land Use Map. The subject property is addressed as Hwy 20 26, Parma, ID The subject property is also known as tax parcel R39318 and is located in a portion of the SW quarter of Section 8, Township 6N, Range 5W, Canyon County, Idaho. Kyle McCormick Planner, reviewed the staff report for the record on case #CU PH Chairman Duspiva affirmed Witnesses to testify Testimony in favor: Marco Rodriguez, Kit Kamo Testimony in neutral: None Testimony in opposition: Claudia Nelson, Randall Nelson, Kenny Nelson, Joe Seward Marco Rodriguez PO Box 2562 Nyssa Oregon Applicant This business was established by the applicant s father in 1971, the manufacturing of whole wheat tortillas was added seven years ago, this is mostly a wholesale operation, and most of the sales are in Idaho, specifically to grocery outlets. The business has outgrown the current location and they are anticipating more growth, as a result they are moving the location from Oregon to this location in Idaho. They have a clean record since the business was established, they welcome people to come and see the current facility and see how the operation is managed. FDA, State and OSHA inspected in Oregon. Hours of operation will be Monday thru Thursday from 6:00 am to 6:00pm. Friday and Saturday night there is a gentleman who comes in to make pizza. Pizza is made and baked on the premises and people purchase and take home, there is no food consumption on the premises. The operation is to make tortillas and sell wholesale as well as walk in customers, retail sales would be breakfast burritos, and sweet breads, sold during regular hours and pizza on Friday and Saturday evening. Enjoy the rural area and want to maintain that type of environment. Delivery traffic consists of a cargo trailer and a cargo truck, twice weekly The building does allow for growth in the future. There is a rental property on site, Mr. Rodriguez son lives there as a caretaker of the property. All operations are within the building. Pizza operation is from 2:00 pm 11:00 pm on Friday and 4:00 pm 11:00 pm Saturday. The amount of noise from the building would be equal to a home air conditioning unit. 4

5 Kit Kamo 3463 SW 2 nd Avenue New Plymouth Idaho in favor Executive director for the Snake River Economic Development Alliance. In favor of this business, it is a home grown business which should be encouraged. This is a multi generational business. The business is close enough to the current location that it will allow the employees to keep their jobs. Claudia Nelson Hwy Parma Idaho in opposition Lives south of the proposed bakery, believes the comprehensive plan precludes this operation. This is an industrial operation, the property value will be adversely affected, as well as the peace that they enjoy currently. The wildlife in the area enhances their quality of life, and this will negatively impact the wildlife in the area Their home is part of their retirement plan, when the need arises to sell their property, they are concerned that this business will significantly reduce the property value. Randall Nelson Hwy Parma Idaho in opposition Concerned this operation will bring in criminal activity and become larger than anticipated. Will disturb his peace. Does not want this area to change. Kenny Nelson Apple Valley Rd Parma Idaho in opposition Wants this area to remain the way it is. Concerned this will encourage more business growth in the area. Joe Seward Hwy Parma Idaho in opposition This business is not consistent with the area comprehensive plan, it is a manufacturing plant. It will adversely affect the life style they currently have, with people patronizing the business on Friday and Saturday until 10:00 pm. Concerned about increased traffic. Does not believe a fence or increased trees would help the situation. Motion: Commissioner Levi moved to close public testimony on case # CU PH , seconded by Commissioner Hall. Voice vote motion carried. Motion: Commissioner Garrett moved to approve Case # CU PH and accept the Findings of Fact and Conclusions of Laws, amending item #10, the hours of closing on Friday and Saturday to 8:00 pm, seconded by Commissioner Scheuerer. Roll call vote motion fails with 3 in favor and 3 in opposition. Comments: The retail use does not fit within the current zoning of the area, there is not an issue with the wholesale portion of the operation. 5

6 Motion: Commissioner Hall moved to approve case # CU PH as a wholesale manufacturing bakery excluding retail sales from the premises, hours being Monday thru Saturday 6:00 am to 6:00 pm, seconded by Commissioner Scheuerer. Roll call vote motion passes with 4 in favor and 2 in opposition. Revised findings of fact and conditions of law will be brought before the Commission for review and approval on August 18, ITEM #4 CABZ Development, LLC CASE# PH & 35 CABZ Development LLC is requesting a Comprehensive Plan Map Change to change the Future Land Use Designation of parcel no. R34167 from Agriculture to Residential. Also requested is a Rezone of approximately 9.84 acres from an A (Agricultural) zone to an R R (Rural Residential) Zone. The subject property is located at 8106 Joplin Rd., Nampa, ID, in the NE ¼ of Section 22, T4N, R2W, BM. ITEM #5 Joplin View Estates Subdivision CASE # PH A request by CABZ Development, LLC for approval of a Preliminary Plat, Final Plat and Irrigation Plan for Joplin View Subdivision. Also requested is approval of Waivers of City of Nampa subdivision improvements consisting of curbs, gutters, sidewalks, streetlights and landscaping. The development consists of four (4) residential lots. The subject property is located at 8106 Joplin Rd., Nampa, ID, in the NE ¼ of Section 22, T4N, R2W, BM. Item # 4 & 5 will be heard together. Commissioner Levi requested to be recused from hearing testimony on Case # PH , 35 & 36. Jennifer Almeida, Planner, reviewed the staff report for the record, including late exhibit # 12, for case # PH , Case # PH and Case # PH Chairman Duspiva affirmed Witnesses to testify Testimony in favor: Lance Warnick, John Cotner Testimony in neutral: None Testimony in opposition: Shirley Burrows, Roger Rosedahl, Howard Garwick, Steve Wenzel Lance Warnick 7312 Wildhorse way Nampa Idaho Applicant representative Developing a 9.8 acre parcel into 4 lots, each lot will have approximately two acres. Located inside the Nampa Impact area. Land is not prime farmland Pioneer Irrigation has approved the irrigation plan Professional well driller has drilled 5 wells in the nearby area and his opinion is that the proposed water use will not cause any harm to the existing wells. Test pits have been drilled to make sure the irrigation proposal and the household water plan will not damage current water users. The applicant is not going to live onsite, the custom homes will be sold. Water studies have been done and do support this development. Exhibit #13 shows the pump structure that will go with the pond to pressurize that water. 6

7 Fire department has indicated that the response time would be approximately 7 10 minutes as documented in exhibit # 14. John Cotner 4659 Saddle Ridge Dr. Nampa Idaho Applicant Has been building in this area for eighteen years. The homes will be high quality homes. Shirley Burrows 8730 Lincoln Rd Caldwell Idaho in opposition The existing Artesian wells in the area are already failing and additional homes will tax the water system further. The current wells go dry and stop flowing regularly they are very unstable. Roger Rosedahl Madison Caldwell Idaho in opposition Believes the land is prime farmland. The water situation is very critical and the concern is who will pay for improvements needing to be done as a result of this development. Mr. Rosedahl owns a dairy and is concerned that new people moving into expensive homes will begin complaining about the odor from the dairy and cause opposition to a dairy that has been here for a long time. Howard Garwick 7984 Joplin Rd Nampa Idaho in opposition Concerned about the increased traffic to an area that already has a traffic problem, the current speed limit is 35 MPH, however most traffic is MPH. The wildlife preserve in the area will be disturbed by additional development. Farmers in the area, farm very early in the morning, if new development is allowed, new neighbors will oppose normal farm operations. At the neighborhood meeting of approximately 25 people not one person raised their hand in favor of the development, all hands were raised in opposition. Steve Wenzel 7886 Joplin Rd Nampa Idaho in opposition Owns a 10 acre parcel in one area and a 110 acre parcel used for farmland, it is good soil, hay and onions are grown in the area. Fire protection in this area is not very efficient, it takes a very long time for emergency vehicles to arrive, the concern is that this parcel divided into 4 additional lots, could make the fire response time even longer. Would be in favor of two lots but not four. Motion: Commissioner Hall moved to close public testimony on case #PH , 35 & 36, seconded by Commissioner Garrett. Voice vote, motion carried. Motion: Commissioner Hall moved to deny case # PH , seconded by Commissioner Scheuerer, due to the fact that the development is not compatible with surrounding land use and will negatively affect the surrounding area. Roll call vote, motion passes with 5 in favor 0 in opposition. Motion: Commissioner Scheuerer moved to recommend denial of case # PH based upon the denial of case # PH , seconded by Commissioner Hall. 7

8 Roll call vote, motion passes with 5 in favor and 0 in opposition Motion: Commissioner Scheuerer moved to deny case # PH based upon the outcome of cases # PH & PH , seconded by Commissioner Hall. Roll call vote, motion passes with 5 in favor and 0 in opposition. Revised findings of fact and conditions of law will be brought before the Commission for review and approval on August 18, ITEM # 6 APPROVAL OF MINUTES: a. July 21, 2016 MOTION: Commissioner Carrell moved to approve the Minutes of July 21, 2016, seconded by Commissioner Scheuerer. Voice vote, motion carried ITEM #7 PLANNER and COMMISSION COMMENTS: Agricultural production in the County is at a ten year high, which is encouraging. Procedures of the Commission meetings discussed. ITEM # 8 ADJOURNMENT: 11:22PM MOTION: Commissioner Hall moved to adjourn, seconded by Commissioner Scheuerer. Voice Vote, motion carried. Signed this 18th day of August, 2016 Gary Duspiva, Chairman ATTEST: Kathy Bowles, Recording Secretary 8

CANYON COUNTY PLANNING & ZONING COMMISSION MINUTES OF REGULAR MEETING HELD Thursday, March 16, :30 P.M.

CANYON COUNTY PLANNING & ZONING COMMISSION MINUTES OF REGULAR MEETING HELD Thursday, March 16, 2017 6:30 P.M. 1 ST FLOOR PUBLIC MEETING ROOM SUITE 130, CANYON COUNTY ADMINISTRATIVE BUILDING Commissioners