By Charlie Warner
Argus News Editor
After listening to more than 90 minutes of public testimony, both pro and con, the Caledonia City Council voted 4-1 to approve changes in the city’s zoning ordinances. Most of the changes will have a direct impact on two projects Houston County is proposing- the criminal justice center (CJC) and a new highway department shop/headquarters. The action was taken March 24 following a public hearing held at the Municipal Auditorium, which attracted about 50 persons.
The approved changes included:
•Government buildings, including a Houston County Criminal Justice Center and the Houston County Highway Department Facility would be included in the list of permitted uses in both agricultural and industrial districts.
•Side yard and rear setbacks would remain the same (30 and 50 feet respectively) in ag and industrial districts, except no structure, other than a residence, shall be located closer than 150 feet from a residential district or school property.
•The existing height regulation of a building from a maximum of 35 feet to 40 feet.
•The city may require fencing or screening along lot lines adjacent to residential districts.
•Roadway right-of-way setbacks changed from 110 feet to 70 feet on state highways, changed from 90 to 50 feet on county roads and changed from 75 to 30 feet on city streets.
The big issue
The 150 foot setback from residential districts or school properties was a bone of contention for many attending the public hearing. Dan and Gary Kruckow and Don Gjere of Ma Cal Developers, all expressed concern that the 150 foot setback would devalue their property.
“Wouldn’t it be better to have buildings up to the property line instead of equipment?” Dan Kruckow asked. “I think it would look better if the equipment was located inside buildings instead of sitting outside.”
“The reason for the 150 foot setback along residential districts and schools is to insure we don’t have a factory come in that runs 24-7 and produces lots of noise,” Mayor Mike Morey explained. “We have had numerous complaints from people living in the Sunnyside area about noise from the adjoining industrial park. This is to protect our residents.”
“But we were here before the residential areas or the school was built,” Gary Kruckow contended. “Why should we be penalized now?”
Morey replied that of the eight buildings that were constructed in the Ma Cal Subdivision, seven of them required variances to conform to zoning ordinances. “The city approved all seven of them. There weren’t any problems,’ Morey noted.
“But according to the city’s comprehensive plan a variance should be an exception to the rule, and not used all the time. If you’re planning on granting a variance to everyone, why even make the changes. I feel going from 50 feet to 150 feet for a setback is too much,” Houston County Commissioner Ann Thompson said. She then asked who came up with the proposed changes to the zoning ordinances.
Morey replied he and former councilman Paul Fisch did.
“Have you checked with other cities to see what types of setbacks they use?” Houston County Commissioner Larry Graf asked.
Morey said he and Fisch had done research before arriving at the 150 foot setback and found some cities require between 200 and 600 foot setbacks in industrial districts that abut residential districts.
“What about a business like Miken?” Mark Schiltz asked. “If their building burned down, there’s no way they could rebuild with a 150 foot setback. What would they do with their property?”
Bob Klug stated he felt the council was correct in requiring a 150 foot setback in some cases. “The 50 foot setback isn’t enough. A parking lot could be located between an industrial building and a residential area. It’s not like the property would be useless.”
“I’m concerned that we’ll have developers who have spent a lot of money and now, because of this zoning change, their property isn’t worth as much money,” Houston County Commissioner Larry Connery said.
“The county did not ask to be put in an industrial or ag zoning district,” Thompson said. “I have some big concerns with the 150 foot setback. The county has an option on 22.5 acres.. But with the 150 foot setback, we would lose almost six acres of land.”
Former Caledonia mayor and city councilman Bob Burns pointed out that the 22.5 acres the county has an option to purchase would only be affected on two sides by the 150 foot setback and not all four sides. “The county wouldn’t be losing six acres of land,” Burns said.
“Back when I was on the city council, we had numerous variance requests, some from Ma Cal when they started developing their property. We worked with them. The city proposes to decrease the setbacks along streets and highways. So you are picking up some space there. And there’s always room for negotiating. The 150 foot setback might be a little strong, but I understand where they are coming from.”
“I think it’s nasty to change the rules now. If it was 50 feet when we purchased the land, it should remain 50 feet for us,” Gjere said. “We’ve worked with the city to develop the area and I don’t feel we are being treated fairly with a 100 foot setback increase.”
“What about property owners who suddenly have a factory plunked down right next to their homes?” Faith Bergin asked. “What about the drop in their property values? The residents of Caledonia need some protection too. I feel the 150 foot setback is the right way to go.”
I feel we should be able to work things out using 50 to 70 foot setbacks,” Thompson said. “We could put up a buffer, screening, some type of sound barriers in a 50 to 70 foot setback.”
“I think the city is tying the hands of potential developers just to spite the county,” Graf said.
“That’s not true,” Morey countered. “These zoning changes are to make sure we have buffers between industry and residential areas. These changes are for everyone, not just the county. But the 150 foot setback is for a worst case scenario. If someone wants to build something that won’t intrude on a residential area, we can approve variances.”
Council action
Once the public hearing was closed and the council meeting reconvened, Councilmember Randi Vick said she felt changing the setback from 50 feet to 150 feet was a little extreme. “I feel we could do a little compromising and change it to 100 feet.”
Morey made a motion to adopt the changes as advertised. His motion was seconded by Councilman Bob Standish.
Before the question could be called, Vick said she wanted to amend the original motion. According to City Administrator Bob Nelson, a motion can be amended if it receives a second and the majority of the council votes in favor of the amendment. Standish seconded Vick’s amendment. The amendment failed, however, as Vick and Standish voted in favor of it, while Morey and councilmembers Gary Klug and Peggy Perry voted against it.
Morey’s motion to approve the zoning changes was then brought to a vote, with Morey, Klug, Perry, and Standish voting in favor and Vick voting against.
The changes to the zoning ordinances went into affect immediately.
You can contact Charlie Warner at
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