HomeMy WebLinkAboutPlanning & ZoningPLANNING AND 'ZONING
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CALDVI —L PLANNING AND ZONING COMl[ SION
MURMS OF NOVEMBER 12,1998
Call to Order - Chairman Bill Roos called the meeting to order at approximately 7:00 p.m.
II. Roll Call
Members Present: William Roos, Charles Murphy, Reed Taylor, Janie Archuleta
Staff Present: Linda James, Joan Holmes
Legal Counsel: None
III. Review of Proceedings - Chairman Roos reviewed the procedures for public hearings.
IV. Poll Members for Conflict of Interest - Chairman Roos polled members for conflicts of interest:
there were none.
V. Old Business —
A. Approve Minutes of October 22, 1998 — Motion: Commissioner Taylor. Second:
Commissioner Archuleta. Approve as written. Passed: Unanimous voice vote.
B. Approve Orders of Decision for the Following Case: SUP49-98 (Cedar Pro, Inc.) Motion:
Commissioner Taylor. Second: Commissioner Archuleta. Approve the orders of decision
for the cases as referenced. Passed: Unanimous voice vote.
C. Approve Recommendations on the Following Cases: No. SUB-27F-98 (Manchester Park
Unit 4): OA-19-98 (Rear Yard Setbacks). Motion: Commissioner Taylor. Second:
Commissioner Archuleta. Approve the recommendations for the referenced cases as written.
Passed: Unanimous voice vote.
D. Approve Recommendation on the Following Case: No. OA-18A-98 (Manufactured Home
Ordinance). Motion: Commissioner Taylor. Second: Commissioner Archuleta. Approve the
recommendations for the referenced cases as written. Passed: Unanimous voice vote.
VI. New Business - Hearings
A. Case No. SUB-ISF-98 (West Valley Estates Subdivision No. 5), a request by West Valley
Development, LLC, for final subdivision plat approval to develop 75 residential lots and 1
common lot on approximately 15.16 acres located in an R-1 zone. The site is located on the east
side of South 10 Avenue, south of Ustick Road, and adjacent to the south side of West Valley
Estates Subdivision No. 4.
Testimony —
Linda James presented the staff report.
Wayne 1~orrey, Applicant's representative, presented Exhibit PZ 1000, a copy of his written
response to the staff report. Mr. Forrey testified that the estimate for completion of construction
and the form of bonding would be submitted to Gordon Law prior to the recommendation on
West Valley No. 5 being placed on the Council's hearing agenda. He also testified that the
Applicant had submitted an application of withdrawal out of the Wilder irrigation District and
that they were working with Pioneer Irrigation District to assume operation and maintenance of
the system in all of West Valley Estates.
Public Testimony Closed - Chairman Roos closed public testimony.
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Findings of Fact -- Motion: Commissioner Murphy. Second: Commissioner Taylor. Accept the
general facts outlined in the staff report as Findings of Fact and include the following: item No. 2
and 5 of Exhibit PZ 1000.
Conclusions of Law - Motion: Commissioner Taylor. Second: Commissioner Murphy. The
Commission has the authority to hear this case and to make a recommendation to the Mayor and
City Council for approval or denial; public notice requirements were met; and the hearing was
conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll
call vote.
Recommendation to City Council - Motion: Commissioner Murphy. Second: Commissioner
Taylor. Based on the Findings of Fact and Conclusions of Law, the Planning and Zoning
Commission recommends to the Mayor and City Council that Case No. SUB- 18F-98, a request
by West Valley Development, LLC, for final preliminary plat approval of West Valley Estates
No. 5, to develop 75 residential and 1 common lot on approximately 15.16 acres in an R-1 zone is
approved. Passed: Unanimous roll call vote.
Public Bearing Closed - Chairman Roos closed the public hearing.
B. Caldwell East Urban Renewal Project- Comprehensive Plan Compliance.
Elfay Waite, Gordon Law, and Linda James spoke in favor of the proposed urban renewal plan.
Findings of Fact and Conclusions of Law - Motion: Commissioner Murphy. Second:
Commissioner Taylor. The Planning and Zoning Commission reviewed the Plan to determine
compliance with the Comprehensive Plan's components, goals, objectives, policies, and
implementation activities. Passed: Unanimous roll call vote.
Decision - Motion: Commissioner Murphy. Second: Commissioner Taylor. Based on the
Comprehensive Plan Analysis, Findings of Fact and Conclusions of Law, the Planning and
Zoning Commission finds that all components of the Caldwell East Urban Renewal Plan are in
full compliance with Caldwell Comprehensive Plan 2000. Passed: Unanimous roll call vote.
Discussion on Planning Issues
1. Process to Amend Comprehensive Plan
Linda James stated that she would be scheduling meetings with interested parties to begin the
process to amend the Comprehensive Plan during the next year.
Adjournment - Chairman Roos adjourned the meeting at approximately 8:00 p.m.
MINUTES APPROVED AT A REGULARLY SCHEDULED MEETING HELD DECEMBER 10, 1998.
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Chairman William Roos
ATTEST:
Community De elop ent Director
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BEFORE THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL, IDAHO
IN THE MATTER OF THE APPLICATION
)
CASE NO. OA-19-98, COURSE
OF PLANNING AND ZONING COMNIISSION
}
OF PROCEEDINGS, GENERAL
TO CONSIDER AMENDING ZONING
)
FACTS, TESTIMONY, APPLICABLE
ORDINANCE NO. 1451 TO REDUCE THE
}
LEGAL STANDARDS, FINDINGS OF
20-FOOT REAR YARD SETBACK BY 5 FEET IN
}
FACT, CONCLUSIONS OF LAW, AND
RESIDENTIAL ZONES
)
RECOMMENDATION TO MAYOR AND
CITY COUNCIL
COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application OA-19-
98, to be held before the Planning and Zoning Commission on October 22, 1998. Public notice requirements
set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On October 7, 1998, notice was published
in the Idaho Press Tribune, and on October 5, 1998, notice was mailed to all political subdivisions providing
services to the City of Caldwell. A list of those political subdivisions has been made a part of the case file.
1.2 Files and exhibits relative to this application are available for review in the Community Development
Department and were available for review at the hearing.
II GENERAL FACTS
2.1 APPLICANT (S): Community Development Director.
2.2 REQUEST: To approve amending Zoning Ordinance No. 1451, Section 10-02-03, Table 2, by changing the
20-foot rear yard setback in R-S-2, R-S, R-1, R-2, and R-3 to 15 feet.
2.2.1 Minimum lot sizes for single-family dwellings are 6000 s.f for interior lots and 7500 s.f, for corner lots. The
minimum public road frontage is 60 feet and 75 feet respectively, which means that the majority of the lots
existing in the City (and designed for new subdivisions) are 60' by 100' or 75' by 100 feet.
2.2.2 Required setbacks are: 20 feet front; 20 feet rear; 20 feet side street; and side yard setbacks of 5 and 7 feet, or
6 and 6 feet (for a combination of 12 feet, but no side ever less than 5 feet).
2.2.3 A detached garage can be placed within 4 feet of the rear property line if the property abuts an alley. If there
is no alley, the detached garage must be within the 20-foot rear yard setback. Attached garages always have
to be set within the 20-foot setbacks (front or rear).
2.2.4 An accessory building, not exceeding 600 s.f can be placed within 4 feet of the rear property line if the
property abuts an alley. An accessory building not exceeding 600 s.f. can be placed within 5 feet of the rear
lot line if there is no alley. However, if there is a 5- or 10-foot easement, no building can be placed within
that space.
2.2.5 With the requirement for 20 foot front and rear setbacks, construction of a house with an attached garage is
forced into the central area of the lot. This does not particularly create problems when smaller, affordable
homes are being constructed on lots of this size; the problem is occurring (more frequently) when developers
want to construct larger, higher -end homes on these lots. The Community Development Director has the
authority to grant administrative approval of certain types of permits, including modification of minimum
setback provisions, not to exceed 25% of the requirement. However, it has reached the point where these
requests are becoming so frequent that this action on the part of the Director could be construed to be
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precedent setting. The Loning Ordinance, Section 10-03-02, 6B, requires "precedent setting matters and items
which affect established planning policy shall be referred to the P&Z Commission for decision."
2.2.6 Approval of the reduction of rear yard setbacks to 15 feet would affect open space areas of the respective sized
lots as follows:
Lot Size
Current Open
Space
Oven Space w1I5' Rear Yard
Difference
6000 s.f.
3120 s.f
(52%)
2880 s.f. (48%)
240 s.f. (4%)
7500 s.f.
4500 s.f.
(60%)
4250 s.f. (57%)
250 s.f. (3%)
III TESTIMONY
3.1 Linda James presented the staff report and noted for the record that the Community Development Director
is authorized to grant an exception up to 25% of setback provisions as long as the exception isn't considered
to set a precedent. Mrs. James noted that she is concerned because requests to grant an exception to rear yard
setbacks are becoming more and more frequent and they could be construed to be precedent setting. She also
noted that when a specific requirement of an ordinance is causing common problems to several property
owners, it is time to re-evaluate the requirement. She also noted that the minimum lot size in the City is 6000
square feet, which is a small lot.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell Zoning Ordinance No. 1451, as amended.
4.2 City of Caldwell Comprehensive Plan, as amended.
4.3 Idaho Code, Chapter 65, Local Planning Act, Section 67-6524.
V FINDINGS OF FACT
5.1 Accept the general facts as findings of fact.
VI CONCLUSIONS OF LAW
6.1 The Commission has the authority to hear this request and to make a recommendation to City Council for
approval or denial; public notice requirements were met and the hearing was conducted within the
guidelines of Idaho Code and City ordinances.
VII RECOMMENDATION TO MAYOR AND CITY COUNCIL
7.1 Based on the Findings of Fact and Conclusions of Law the Planning and Zoning Commission hereby
recommends to the Mayor and City Council that Case No. OA-19-98, a request to amend Zoning Ordinance
No. 1451, Section 10-02-03, Table 2, by changing the 20-foot rear yard setback in R-S, R-S-2, R-1, R-2, and
R-3 zones to 15 feet is approved.
RECOMMENDATION FOR APPROVAL OF CASE NO. OA-19-98 WAS GIVEN BY MEMBERS AT A HEARING
HELD OCTOBER 22, 1998. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE
RECOMMENDATION WAS APPROVED BY MEMBERS AT A REGULARLY SCHEDULED MEETING HELD
NOVE R 12, 1998.
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_ ATTEST: 4 _
William Roos Chairman Community Dev oJPent Director
KeeTay or, Secr ary
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CALDWELL PLANNING AND ZONING COMMISSION
MINUTES OF OCTOBER 22,1998
I. Call to Order - Chairman Bill Roos called the meeting to order at approximately 7:00 p.m.
II. Roll Call
Members Present: William Roos, Janie Archuleta, Reed Taylor
Members Absent: Charles Murphy
Staff Present: Linda James, Bud Knickerbocker, Susan Imenson
Legal Counsel: Terry Michaelson
III. Guest Speakers — Mayor Nancolas and E1Jay Waite spoke briefly to Commission about the
City's move toward implementing an area of the City as an Urban Renewal District. Mayor
NancoIas noted that members would be reviewing a resolution regarding the Urban Renewal
District at their November 12, 1998 meeting.
IV. Review of Proceedings - Chairman Roos reviewed the procedures for public hearings.
V. Poll Members for Conflict of Interest - Chairman Roos polled members for conflicts of interest:
there were none.
VI. Old Business —
A. Approve Minutes of September 24, 1998 — Motion: Commissioner Taylor. Second:
Commissioner Archuleta. Approve as written. Passed: Unanimous voice vote.
B. Approve Orders of Decision for the Following Cases: SUP-45-98 (Karla Bull Child Care
Center); SUP46-98 (Juvenile Detention Center); SUP47-98 (Treasure Valley Christian
Center); SUP48-98 (Social Gathering Center). Motion: Commissioner Taylor. Second:
Commissioner Archuleta. Approve the orders of decision for the cases as referenced.
Passed: Unanimous voice vote.
C. Approve Recommendations on the Following Cases: Case No. ZON-01-98 (West Valley
Development); SUB-251~-98 (West Valley Development, Phases 6, 7, and 8). Motion:
Commissioner Taylor. Second: Commissioner Archuleta. Approve the recommendations for
the referenced cases as written. Passed: Unanimous voice vote.
VII. New Business - Hearings
A. Case No. SUB-27F-98 (Manchester Park Unit 4), a request by Ramon Yorgason for final
subdivision plat approval to develop 18 residential lots and 1 common area lot on approximately
4.48 acres located in an R-1 zone. Manchester Park Unit 4 abuts the southern boundary of
Manchester Park Unit 2 and is accessed by Oxford Way.
Testimony -
Bud Knickerbocker presented the staff report.
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have to be connectr.o a septic system at this time as the Crs public sewer system is not
available.
Clif Swan testified that he is a personal friend of the Applicant and that he is reliable.
Public Testimony Closed - Chairman Roos closed the public testimony.
Comprehensive Plan Analysis — Motion: Commissioner Taylor. Second: Commissioner
Archuleta. None of the goals or policies of the Comprehensive Plan components apply to this
request, either in support of or against. Passed: Unanimous roll call vote.
Findings of Fact — Motion: Commissioner Taylor. Second: Commissioner Archuleta. Accept
the General Facts as Findings of Fact and include the following taken from testimony: there has
been some trouble with vandalism in the area; a new manufactured home will be placed on the
site as the security guard quarters; the requirements of Southwest Health District will be met
regarding the septic system; the office included in the manufactured home will not be open to the
public.
Conclusions of Law — Motion: Commissioner Taylor. Second: Commissioner Archuleta. The
Commission has the authority to hear this case and to approve or deny; 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 of Decision - Motion. Commissioner Taylor. Second. Commissioner Archuleta.
Approve Case No. SUP-49-98 with the standard conditions. Passed: Unanimous roll call vote.
Public Hearing Closed - Chairman Roos closed the public hearing and noted that anyone
wishing to appeal the decision of the Commission is to contact the Community Development
Director.
C. Case No. OA-19-98, a request by the Community Development Director to amend
Zoning Ordinance No. 1451, Section 10-02-03, Table 2, by changing the 20-foot rear yard
setback in R-S-2, R-S, R 1, R-2, and R-3 zones to 15 feet.
Testimony —
Linda James presented the staff report and noted for the record that the Community Development
Director is authorized to grant an exception up to 25% of setback provisions as long as the
exception isn't considered to set a precedent. Mrs. James noted that she is concerned because
requests to grant an exception to rear yard setbacks are becoming more and more frequent and
they could be construed to be precedent setting. She also noted that when a specific requirement
of an ordinance is causing common problems to several property owners, it is time to re-evaluate
the requirement. She also noted that the minimum lot size in the City is 6000 square feet, which
is a small lot.
Public Testimony Closed — Chairman Roos closed public testimony.
Findings of Fact — Motion: Commissioner Taylor. Second: Commissioner Archuleta. Approve
the General Facts as Findings of Fact. Passed: Unanimous voice vote.
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Conclusions of Lai, Motion: Commissioner Taylor. Second: .ommissioner Archuleta. The
Commission has the authority to hear this request and to make a recommendation to City Council
for approval or denial; public notice requirements were met and the hearing was conducted within
the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote.
Recommendation to Mayor and City Council - Motion: Commissioner Taylor. Second:
Commissioner Archuleta. Recommend to City Council that Case No. OA-19-98, a request to
approve amending Zoning Ordinance No. 1451, Section 10-02-03, Table 2, by changing the 20-
foot year yard setback in R S-2, R-S, R-1, R-2 and R-3 zones to 15 feet is approved. Passed:
Unanimous roll call vote.
Public Hearing Closed — Chairman Roos closed the public hearing.
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D. Case No. OA-18A-98, a request by the Planning and Zoning Commission to amend
Zoning Ordinance No. 1451 by repealing Article 5, Mobile Home Park Standards and Procedures,
and to adopt Article 5, Manufactured Home Developments, Design and Construction Standards.
The proposed Article sets forth the following Sections: Purpose and Intent; Permitted by Special
Use; Permitted Uses; Required Improvements; General Requirements; Preapplication
Conference; Application Requirements; Placement Standards; Deed(s) Required; Significance of
Approval; As -Built Approval; and Planned Unit Development. The request also includes
amending Section 10-02-02, Land Use Table, by deleting "Mobile Home Park as a special use in
R2, R3, C3 and M1 zones" and adding "Manufactured Home Development as a special use in RS,
R1, R2, and R3 zones."
Testimony —
Linda James presented the staff report and Exhibit S-8, Table 1, identifying manufactured homes
moved into Indian Creek Estates from September 1, 1997 through October 10, 1998; Exhibit S-9,
Table 2, square footage ranges for the manufactured homes identified in Table 1; and Exhibit S-
10, Table 3, site built homes, by square footage, built in West Valley Estates from September 1,
1997 through October 10, 1998. She also presented PR-1, a copy of a proposed ordinance
prepared by Susan Wildwood and received by the Community Development Department the
afternoon of the hearing. Mrs. James reviewed Ms. Wildwood's ordinance with members.
Those signed up in opposition to speak were: Kris Palmer, Middleton; Danny Byington, Boise;
Tracy Holton, Boise; Debbie Borah, Boise; Joe Canning, Boise; Tony Tunison, Middleton; John
Connolly, Boise; Harold Breach, Kit Manufacturing, Caldwell; Clif Swan, Nampa; Susan
Wildwood, Star. Concerns expressed were: parks should not have foundations; size of lots and
sidewalks required; no incentive to build a park under this ordinance; landscaping cannot be
installed during certain times of the year; foundations will eliminate people from being able to
have affordable housing; will be a disservice to people who can't afford anything else; public
roads are not appropriate; the ordinance will not serve the constituency it is meant to serve;
people were not taken into consideration; no workshop was held by the City so that the ordinance
could have been prepared by people that have expertise regarding parks and they could have
offered information so a good ordinance could have been prepared; this ordinance isn't in the
beset interest of the City; the view from the outside is that Caldwell is too restrictive. Exhibit PR-
2, a copy of a letter from Brian Riley (no address) was submitted in opposition, and Exhibit PR-3,
a copy of a letter from Michael Preston, President of Heritage Place, Emmett, was submitted in
opposition.
Public Testimony Closed — Chairman Roos closed public testimony.
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Comprehensive Pr Analysis — Motion: Commissioner Ti in Second: Commissioner
Archuleta. Accept the same Comprehensive Plan Analysis conducted by the Planning and
Commission members at a public hearing held on this same issue on August 3, 1998. Passed:
Unanimous roll call vote.
Findings of Fact - Motion: Commissioner Taylor. Second: Commissioner Archuleta. Accept
the General Facts and testimony as Findings of Fact. Passed: Unanimous roll call vote.
Conclusions of Law — Motion: Commissioner Taylor. Second: Commissioner Archuleta. The
Commission has the authority to hear this request and to recommend approval or denial to the
Mayor and City Council; public hearing notification requirements were met; and the hearing was
conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll
call vote.
Recommendation to Mayor and City Council — Motion: Commissioner Taylor. Second:
Commissioner Archuleta. Recommend to the Mayor and City Council that Case No. OA-18A-
98, as amended by Commission members by incorporating portions of Ms. Wildwood's
ordinance into the ordinance prepared by staff and on the table be approved. Passed:
Unanimous roll call vote.
IX. Discussion on Planning Issues — No planning issues were brought before members.
X. Adjournment — Chairman Roos adjourned the meeting at approximately 11:00 p.m.
OCTOBER 22, 1998 MINUTES APPROVED AT A MEETING HELD NOVEMBER 12, 1998.
Chairman William Roos
ATTEST:
Community Devel me Director