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CALDWELL PLANNING AND ZONING COMMISSION
MINUTES OF MARCE 11, 1999
CaI to Order -{hairman Murphy called the meeting to order at 7:00 p.m.
Roll Call
Members Prcscnt: Janie Archuleta, Matt Beebe, Jim Blacker, Chades MurphyStaffPrescnt: Linda James, Josn Holmes
Legal Courscls None
Review of Proceedhg -Cbairman Murphy reviewed the procedures for public hearings.
Poll Member: for Conllict of Irterst - Chairman Murphy polled mtimbers for conflicts of interest: there were
none.
Old Business -A. APProve minutes of February 25, 1999- Motion: Commissioner Archuleta. Second: Commissioner
Beebe. Approve as written- P$sed: Unanimous voice vote.B. APProve Order of Decision on Case VAR-13-99 (Jse€s Mc€oy). Motion: Commissioner Archuleta-
Second: Commissioner Beebe. Approve lhc rccommeadation for th€ r€ferac€d case as written Pssed:
Unanimous voice vote-
Case No. ANN-15-99, a request by Robert and Nancy Roberts to annex approximately 75 acres into the
City of Caldwell as an M-l (Light IndusEial) zone, including all of the right-of-way of Simplot
Boulevard/Hwy 19 th.t abuts the south side ofthe ofthe subject prop6ty, and including the right-of-uray
ofUnion Pacific Railroad's railJine adjacent to that portion of Simplot Boulevard/llu/y 19 so noted. The
subject parcel is located at the northwest comer of the intersection of Simplot Boulevard and Farmway
Road, and is legally described as a portion of the S /: NE % of Section 20, Township 4 Norti, Range 3
w.B.M.
Testimony -
Linda James presented the staf report and Exhibit S-4 from the City's attomey. Mrs. Janes informed members
that it r as the attomey's opinion that the railroad r-o-w cannot be amexed.
John Blaye, Repr€sentative, and Robert Rober6, Applica , testified in favor.
Ron Sale, testified as neutral.
Public Testinony Closcd -Chairman Murphy closed public testimony.
Comp Plan Analysis - Motion: Commissioner Blacker. Second: Commissioner Beebe. The request is in
compliance with the following Comprehensive Plan Components: Agricultural Land Use - Policy 3, Industrial
Categories- Policies 2 and 3. Passcd: Unanimous roll call vote.
fitrdings of FNct - Motion: Commissioner Blacker. Second: Commissioner Beebe. Accept the general facts
outliled in the staff report as Findings of Fact and include the fact that annex.tion of Union Pacific Railroad's
right-of-way cannot be included. Passed: Unanimous roll call vote.
Conclusions of Law - Motion: Commissioner Blacker. Second: Commissioner Beebe. The Commission has the
authority to hear this case and to make a recommendation to City Council; public notice rrquiremens were met;
and the hearing was conducted within the guidelines ofldaho Code and City ordinances. Passed: Unanimous roll
call vote.
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Recommetrdatiotr to cifooo"l - tutotion: commission€r gru"to. Scnd' iommissioner Beebe. Based on
the Findings ofFact and Conclusions of Law, recommend to the Mayor and City Cormcil that Case No. ANN-I5-
99, a request by Robert and Nancy Roberts to arnex approximately 75 acres into the City as M-l (Light Industrial)
zone, is approved. Passcd: Unanimors roll call vote.
Public Eearitrg Closed {hairman Mwphy closed the public hearing.
Plannirg Issues - Linda James sated that there will be no meeting on March 25. She also handed out a
memorandum regarding the workshop scheduled for March 15 on the manufactured home ordinance. She
discussed amending the zoning ordinance and presenting a form for review, which will come forward at a future
meeting.
VIU. Adjourument -Chairman Muphy adjoumed the meeting at approximately 7:35 p.m.
MINUTES APPROVED AT A REGULARIY SCHEDULED MEETING HELD APF.JJ, 22, 1999 .
ATTEST:
Charles Murphy
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Commudtv Dircctor
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CALDWELL PLANNING AI\D ZONING COMMISSION
MINUTES OF FEBRUARY 25, 1999
Call to Order - Vice Chairman Taylor called the meeting to order at 7:00 p.m.
Rotl Calt
Members Present:
Members Absent:
StaffPresetrt:
Legal Counsel;
Reed Taylor, Janie Archuleta, Matt Beebe
Charles Murphy, Jim Blacker
Linda James, Joan Holmes
None
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Review ofProceedings - Vice Chairman Taylor reviewed the procedures for public hearings.
Poll Members for Conllict of Interest - Vice Chairman Taylor polled members for conllicts of interest: there
were none.
Old Business -A. Approve minutes of Febnrary ll, l99F Motion: Commissioner Archuleta. Second: Commissioner
Beebe. Approve as writf€n. Prssed: Unanimous voice vote.B. Approve Recommendations on the following Cases: Case SUB-32P-99 (Stonegate), and ANN-14-99 and
SUB-3IP-99 (Powell Estates). Motion: Commissioner Archuleta. Second: Commissioner Beebe.
Approve the recommendations for the referenced cases as written. Pased: Unanimous voice vote.
New Buriness - EearlugsA Case No. VAR-13-99 a request by James McCoy for a vadance to reduce the rear-yard setbacks for
certain tots located within Glen Meadows Planned Unit Development Aom 15 feet to ll feet. Said lots
are as follows: Lots 2,4,9,a\d ofBlock l; Lots l,2,3,5, d,7,8,9, 10, ll, 12ofBlock3. Respecrive
access to these lots is from Glenn Way and Alder Drive, which interconne.ts with lndiana Avenue.
Testimony -
Linda James prcseoted the staffreport.
James McCoy, Applicant, testified in favor.
Elizabeth Li"inski, testifled as neutral.
Public Testimony Closed - Vice Chairman Taylor closed public testimony.
Variance Worksheet - Motion: Commissioner Archuleta. Second: Commissioner Beebe. The five criteria to be
met in granting a variance are true. Passed: Unanimous roll call vote.
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Findhgs of Fact - Motion: Commissioner Archuleta. Second: Commissioner Beebe. Accept the gsneral facts
outlined in the stalfreport as Findings of Fact and include the fact that all five criteria required by Section 10-03-
02 ofthe Zoning Ordinance were found to be true. Passed: Unanimous roll ca]l vote.
Conclusions of Law - Motion: Commissioner Archuleta. Second: Commissioner Beebe. The Commission has
the authority to hear this case and to make a decision; public notice requirements were met; and the hearing was
conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote.
Order ofDecision - Motion: Commissioner Archuleta. Second: Commissioner Beebe. Approve Case No. VAR-
l3-99 with the standard condition ofapproval outlined in the staffreport. Passed: Unanimous roll call vote.
Public Eearing Closed - Vice Chairman Taylor ctos€d the public hearing and noted anyone wishing to appeal the
decision of the Commission is to contact the Community Developme Director.
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Plandlg lssues - Lfuda James handed out a memo regarding the manufactured home workshop being
rescheduled to Monday, March 15, at 5:30 p.m. She also discussed proposed amendments to the boundaries ofthe
Area of City Impact, and changes in land use designations of the Comprehersive Land Use Map. She noted that
she had met with Sorula Lynr Lewis, Planning and Zoning Director of Canyon Counry, and Norrn Holmes,
Ptarnfng and Zoning Dhector of Nampa regarding the area of impact. She also prosented the proposed changes to
the Mayor and City Council at a workshop on February 22 and had received favorable comments for the proposals.
She araounced that Vice Chairman Reed Taylor has resigned from the Corrmission, and that this is his last
hearing.
Vm. AdjouruEent - Vice Chairman Taylor adjoumed the meeting at approimately 1:45 p.m.
MINUTES APPROVED AT A REGULARLY SCHEDULED MEETING T{ELD MARCH 1 I, 1999.
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BEFORf, THE PLANNING AND ZONING COMN'flSSION
CITY OF CALDWELL' IDAHO
IN THE MATTER OF THE
APPLICATION OF JAMf,S McCOY
FOR A VARIANCE FROMREQURIED
REAR-YARD SETBACKS IN
GLENN MEADOWS SUBDTVISION, A
PLANNED IJNIT DEVELOPMENT
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2.2
2.3
2.4
2.4.1
cASf, NO. VAR-13-99, COIIRSE OF
PROCEEDINGS, GENERAL FACTS'
TESTIMOT{Y, APPLICABLE LEGAL
STANDARDS, VARIANCE PROCEDUR.E'
FINDINGS OF FACT, CONCLUSIONS OF
LAW, AND ORDER OF DECISION
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I COT]RSEOFPROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of public hearing on application
VAR-I3-99 to be held on February 25, 1999' Public hearing notice requirements set forth in Idaho Code,
Title 67, Chapter 65, Locat Plaming Act, have been met. On February 9, 1999, notice was published in
the on February 5, 1999, notice was mailed to all property owners within 300 feet of
th" p.olect site; and, on February 1 8, 1999, notice was posted on the site
II
Files and exhibits relative to this application are available for review in the Community Development
Departuent, Caldwell City Hall, and were available for review at the hearing'
GENERAL FACTS
APPLICANT (S): Jim McCoy, 2210 % Ray Avenue, Caldwell, ID' 83605
OWNER (S): Same as Applicant.
REOUEST: The Applicant requested approval of a variance to reduce the rear-yard setbacks for I .ots 2, 4,
q and t t of gto"L l, ana Lots t, 2,3,i,6,7, 8, 9, 10, l1 and 12 ofBlock 3 from the required 15 feet to
I I feet. Said lots are located in Glenn Meadow Estates Subdivision, a Planned Unit Development.
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BACKGROUND INFORMATION: On December 14,1995, Planning and Zoning commission members
@lennMeadowsSubdivision,aPlarrnedUnitDevelopmentconsisting
oi'25 residential lots and 2 common-area lots. Subsequently, and following the requirements of
Subdivision Ordinance No. 1758 regarding approval 6f final plats, the City Council approved the final
plat on July 7, 1997 and the plat was recorded.
As a part of the process, city council members (on December 4, 1995) waived certain standard
."quiJ."ot. and pirmitted the preliminary plat to go forward with a density of 9.12 dwellings per net
acie, which allowed for a minimum lot si:4;f 3272 square feet for interior lots and a minimum of 4903
square feet for comer lots. The minimum lot size in a Jtandard subdivision is 6000 square feet for interior
lol ancl 7500 square feet for comer lots. In the case of Glenn Meadows, interior lots were reduced by
zizt square feei (approximately 45%), and comer lots were reduced by 2597 square feet (approximately
35%). Interior streeis were ins-talled to the City's specifications and have been dedicated to the City as
public streets. One common area has been developed wit[ a community clubhouse; the other cornmon
area is used for RV storage.
Due to the limited building area on these small lots, Mr. McCoy forrnally.requested an administrative
exception of 3 feet (from i5 feet to 12 feet) for rear yard setbacks on 7 of the 25 lots. The Community
DevelopmentDirector,followingtherequirementsofSection10-03-02ofZonlngOrdinanceNo.l45l
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regarding the granting of administative exceptions, approved the reduction of three feet for the
aforementioned lots on June 22, 1998.
2.4.3 After granting the blanket administrative exception for 7 of I}:le 25 lots, Mr. McCoy again approached the
Community Development Director with requests for exceptions on 15 lots that remain to be developed.
The Director determined that the best course of action at this point would be for Mr. Mccoy to present his
request to Plaoning a1d Z6ning Commission members at a public hearing.
2.4.4 Glenn Meadows is a retirement PUD, which historically means that persons buying lots within this
commrmity find small lots to be attractive because of the low maintenance required for the lot. At the
time of approving this partictrlar PUD, it appears that planning staff did not consider the appropriateness
of including proposed setbacks that would have been more in keeping with the small sqtrare footages of
the respective lots. A PLID request is intended to encourage unique designs that can, and does, include
exceptions from standard requirements (including setbacks) for typical subdivisions.
2.4.5 The Applicant's narrative noted that "because of the size and shape of the lots, the present setbacks make
it impossible to build sizeable, saleable homes." The Applicant also notes that "people buying the homes
are retired and desire very little, or no yard maintenance. ln most cases, the buyers have requested that
the entire back yard be poured in concrete, eliminating any back yard maintenance."
7.5 LOCATION: Glenn Meadows Subdivision, Glenn Way and Alder Drive, which interconnect with Indiana
Avenue.
III TESTIMONY
3.1 Linda James presented the staffreport.
3.2 Jim McCoy, Applicant, test'rfied in favor and stated tlnt he has had a hard time 56lling the lots because
they are so small and some are irregularly shaped, and it is difEcult to put a saleable house on some ofthe
lols.
III APPLICABLELEGALSTANDARDS
City of Caldwell 1977 Comprehersive Pla& as amended.
City of Caldwell Zoning Ordinance No. 1451, as amended
Idaho Code, Title 67, Chapter 65, Local Planning Act
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VARIANCE PROCEDT]RE
The five criteria set forth in Section 10-03-05(1) ofZoning Ordinance No. l45l are true.
COMPREHENSryE PLAN ANALYSIS
Not applicable for this request.
FI]YDINGS OF FACT
Accept the general facts outlined in the staff report as Findings of Fact and include the fact that
all five criteria required by Section 1043-02 ofthe Zoning Ordinance were found to be true.
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VII CONCLUSIONS OF LAW
7.1 The Planning s1d lsning Comrnission has the authority to hear variance requests and to approYe
or deny; public hearing notification requirements were met, and the hearing was held within the
guidelines of applicable codes and ordinances.
VIII ORI}ER OF DECISION
8.1
8.2
Based on the Findings of Fact and Conclusions of Law, Plarning and Zoning Commission
members find that Case No. VAR-13-99, a request by Jim McCoy for a variance to reduce the
rear-yard setbacks for Lots 2, 4, 9 and l1 ofBlock 1, and Lots l',2,3,5,6,7,8,9, 10, 11 and 12
of Blockp fiom the required 15 feet to 11 feet is approved, with the following condition:
The specific terms and conditions placed on this variance shall run with the lots and remain valid
upon a change of ownership. The variance approval is not transferable from the applicable Glenn
Meadows lots to other lots or sites.
PLANNING AND ZONING COMMSSION MEMBERS APPROVED CASE NO. VAR.13.99 AT A
PUBLIC HEARING }IELD FEBRUARY 25,1999.
WRTTTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE ORDER OF DECISION
WERE APPROVED BY PLANNING AND ZONING COMMISSION MEMBERS, AND SIGNED BY
SECRETARY ARCHI'LETA, AT A REGULARLY SCIIEDIJLED MEETING }IELD MARCH 11,
1999
ATTEST:
ae Commission Secretary
Community Dtector
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PUBLIC HEARING COMMENT SHEET
(PLEASE PRINT CLEARLY)
NAME: Z/rzol,,{L /tsci ns(i
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PUBLIC HEARING COMMENT SHEET
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NAME oF cAsE BEING HEARD: J64- ( 3-A1
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Written comments may be attached to this form or you may write them in below.