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HomeMy WebLinkAboutPlanning & ZoningI) PLAI\I\ING AND ZONING ITEM DATE SUBMITTED BY Pz--l O-c^,..,*r $ sLs.-\.,4-zs -oz I ,-.,Ar., \* Pz - Z, O^.,*^* S[..uak.t{ - zs -clz $ ?.h"r'v loaDD Pz- - .\ ?qocn" "to,.doj,ton ,^." -c)?, u \'*"=fo.-l*" 0L\-,'..r.\, ?-'q vw rnd 1"as-a aL to l^, I oZ I 514* c o o Caldwell Planning and Zoning Commission MINUTES April25,2002 Call to Order - Chairman Blacker called the meeting to order at 7:00 p.m RollGall- Members Present: chairman Jim Blacker, sylvia Robison, Jack reraberry, and Janie Archuleta Staff Present: Steve Hasson, Debbie Geyer, and Ben Weymouth Review of Proceedings - chairman Blacker reviewed the procedures for public hearing. Poll Members for conflict of lnterest - chairman Blacker polled members for conflicts of interest. There were none. New Business - Hearings Case No. SUB-66P-02, a request by Fred Cornforth for preliminary subdivision plat approval of KD's Landing Subdivision, which consists of 2 commercial lots on approximately 1 ,14 acres. The site is located on the southeast corner of Ustick Road and Lake Avenue and is zoned C-3 (Service Commercial). Testimony steve Hasson, community Development Director, presented the staff report. Fred Cornforth, Applicant, testified in favor of the application. Testimony closed. NorE: see order of Decision for complete testimony or contact community Development Department for audio tapes of the hearing. comprehensive Plan Analysis - MofloN: commissioner Robison sECoND: commissioner Teraberry. The request was applicable to the following comprehensive Plan components as outlined in the staff report: property Righti - Goal, objective B and Policy 1; school Facilities and rransportation - Goal and Policy 1; Policies for commercial/lndustrial Use - policies 3 and 4; Natural Resources - Policy 1; Hazardous Areas Component - Objectives A and B, and Policy 2; Public Services, Utilities and Facilities - Goal,Objectives A, B, C, D, and Policies 1,2,6, and 7; Transportation - Goal, Objectives A, B, and D, policies 5,7, and 8; Recreation - Goal, pollcies 1 and 3; Community Design - Goal, Objectives A, B, E, and G, Poticies 1,2,3,4,5,6,8,9, 10, and 1i. passed: Unanimous roll call vote. Findings of Fact MOTION: Commissioner Robison. SECOND: Commissioner Teraberry. Accept the general facts as outlined in the staff report as well as facts brought forward during testimony. passed: Unanimous roll call vote. Gonclusions of Law - MoIoN: commissioner Archuleta. sECoND: Commissioner Teraberry. The Commission has the authority to hear this case and recommend approval or denial; public notice requirements were met; and the hearing was conducted within the guidelines of ldaho Code and City ordinances. Planning & Zoning Commission Minutes - April 25,2002 t. tl l[. tv. V. A. a L-q o Passed: Unanimous roll call vote. Recommendation MoroN: commissioner Robison. sECoND:commissioner Teraberry. The commission recommended approval on caseNo. SUB-66P-02 with the standard conditions outlined in the'staff report withaddition of conditions 8.g and g.10 passed: Unanimous roll call vote. Public Hearing closed - chairman Blacker closed the public hearing. ***tt+***t***ta*tt*t***t*ti*l****it*******i**t**i**ti**i*tl*t*****t*ttt******t**i***t**tt**t B. case No. ANN-67-02, a request by Robert Jasso for approval to annex approximately 3.22 acres currenfly zoned county R-1 into the city as anR:1 (single Famity Residential)zone. The parcels abut the north sideof Ustick Road, approximatety 7s0 feet east oi Montana Avenue(1517 Eustick_Road). The parcel is legally described as a part of Government Lot 6, Section 6, T3N, R2W, Boise Meridian, Canyonbounty, ldaho. Testimony - steve Hasson, community Development Director, presented thestaff report. Linda Jasso, Applicant, testified in favor of the appticailon. NorE: see order of Decision for complete testimony or contact community Development Department for audio tapes of the hearing. Public Testimony Glosed - chairperson Blacker closed public testimony. Gomprehensive Ptan Analysis - MoIoN: commissioner Archuleta.SECOND: commissioner Robison. The request was appticable to the following comprehensive Plan components set forth in the staff report: property Rights -Goal, objective B and policy 1;school Facilities and rransportation - Goal andPolicy 1; Land Use - Goat; objectives Applicable to All Land Uses - objective c;Area of city lmpact - objective A and'policy 5. passed: Unanimous roll caltvote. Findings of Fact - MoIoN: commissioner Robison. sECoND: Commissioner Terraberry, Accept the general facts outlined in the staff report aswell as the facts brought forward during public testimony as Findings oi ract.Passed: Unanimous roll call vote. conclusions of Law - MoloN: commissioner Teraberry. sECoND:commissioner Robison. The commission has the authority to hear this caseand make recommendation for approval or denial public notice requirementswere met; and the hearing was conducted within the guidelines of ld'aho codeand City ordinances. Passed: Unanimous roll call vote. Recommendation - MoroN: commissioner Robison. sECoND:commissioner Teraberry. The commission recommended approval on case No.ANN-67-02 with the standard conditions ouilined in the staff report with theaddition of condition 8.S. passed: Unanimous roll call vote. Public Hearing closed - chairman Blacker closed the public hearing. c' case No. sup-1sg-O2 a request by Angeria Hail for approvar of atemporary drive-in coffee beverage stand. The site is located at thesoutheast corner of Kimball Avenue and Ash Street (2101 S Kimba[ Ave) Planning & Zoning Commission Minutes - April 25, Z0Oz o o o and is zoned C-1 (Neighborhood Commercial). Testimony - Steve Hasson, Community Development Director, presented the staff report and Exhibit PZ-1000. Angelia Hall, Applicant, testified in favor of the application. NOTE: See Order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Comprehensive Ptan Analysis - MOTION: Commissioner Archuleta. sECOND: Commissioner Teraberry. The request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights - Goal, Objective B, and Policy '1; School Facilities and Transportation - Goal and Policy 1; Economic Development - Goal; Land Use - Goal; Objectives Applicable to All Land Uses - A and C; Public Services, Utilities and Facilities - Goal and Objective B; Transportation - Goal and Objective A' Passed: Unanimous roll call vote. Findings of Fact - MOTION: Commissioner Archuleta. SECOND: Commissioner Teraberry. Accept the general facts outlined in the staff report, exhibits, and facts Orought fonrrard during public testimony as Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law - MOTION: Commissioner Teraberry' SECOND: Commissioner Robison. The Commission has the authority to hear this case and approve or deny; public notice requirements were met; and the hearing was conducied within the guidelines of ldaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision - MOTION: Commissioner Archuleta. SECOND: commissioner Teraberry. The commission approved case No. SUP-159-02 with the standard conditions outlined in the staff repo( with addition to condition 8.8 to read as follows: "Designated parking areas shall be structured so as not to impede onsite traffic circulation and shall be approved by the City Engineer." Passed: Unanimous roll call vote. Public Hearing Glosed - Chairman Blacker closed the public hearing and noted anyone wishing to appeal the Commission's decision should see the Director of Comm unity Development. D. Case No. VAR-24-02 a request by James Wylie for the placement of a second stand-alone sign on a single parcel of land located at 5210 E. Cleveland Boulevard in a C-3 (Service Commercial)zone. Testimony - Steve Hasson, Community Development Director, presented the staff report. Renny Wylie, Applicant, testified in favor of the application. NOTE: See Order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Public Testimony Glosed - Chairperson Blacker closed public testimony' Variance Procedure - Commissioners answered the variance criteria as follows: #1 - False, #2 - False, #3 - False, #4 - True, and #5 - True. Planning & Zoning Commission Minutes - April 25,2002 o o Findings of Fact - MOTION: Commissioner Archuleta. SECOND: Commissioner Terraberry. Accept the general facts outlined in the staff report as well as the facts brought forward during public testimony as Findings of Fact to include the answers for the five variance procedure criteria questions.Passed: Unanimous roll call vote. Gonclusions of Law - MOTION: Commissioner Robison. SECOND: Commissioner Archuleta. The Commission has the authority to hear this case and approve or deny; public notice requirements were met; and the hearing was conducted within the guidelines of ldaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision Commissioner Teraberry Unanimous roll call vote, MOTION: Commissioner Robison. SECOND: The Commission denied No. VAR-24-02. Passed: Public Hearing Closed - Chairman Blacker closed the public hearing and noted anyone wishing to appeal the Commission's decision should see the Director of Community Development. ****t***********t***********t***t*+****************t*******l***********l**tt**l*lit********i Case No. ANN-68-02 a request by Southgate Subdivision for approval to annex 56 lots into the City as an R-1 (Single Family Residential) zone. The site is located on the northwest corner of Ustick Road and Airport Avenue and abuts Manchester Park subdivision on the north. The site is within the Area of City lmpact and is currently zoned County R-1. The parcel is legally described as a part of the SoutheastlA of the Southwest % of Section 33, Township 4 North, Range 3 West of the Boise Meridian in Canyon County, ldaho. Testimony - Steve Hasson, Community Development Director, presented the staff report. Edward Fiez, Representative of the Southgate Homeowner's Association, testified in favor of the application. Mac McCann signed up as neutral. NOTE: See Order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Public Testimony Closed - Chairperson Blacker closed public testimony. Comprehensive Plan Analysis - MOTION: Commissioner Archuleta. SECOND: Commissioner Robison. The request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights - Goal, Objective B and Policy 'l; School Facilities and Transportation - Goal and Policy 'l; Land Use - Goal; Objectives Applicable to All Land Uses - C; Area of City lmpact - Objective A and Policy 5. Passed: Unanimous roll call vote. Findings of Fact - MOTION: Commissioner Archuleta. SECOND: Commissioner Robison. Accept the general facts outlined in the staff report as well as the facts brought forward during public testimony as Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law - MOTION: Commissioner Archuleta. SECOND: Commissioner Robison. The Commission has the authority to hear this case Planning & Zoning Commission Minutes - April 25,2002 E. o a and recommend approval or denial; public notice requirements were met' and the hearing was conducted within the guidelines of ldaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation - MOTION: Commissioner Archuleta. SECOND: Commissioner Robison. The Commission recommended approval on Case No. ANN-68-02 with the standard conditions outlined in the staff report with the addition of condition 9.3. Passed: Unanimous roll call vote. Public Hearing Closed - Chairman Blacker closed the public hearing and noted anyone wishing to appeal the Commission's decision should see the Director of Community Development. atu lol.tloz- U^,Jim Blacker Vl. Planning lssues A. Next Meeting Date * The next meeting date will be May 16,2002. Adjournment - Chairperson Blacker adjourned the meeting at approximately 8:30 p.m. MINUTES APPROVED AND SIGNED BY CHAIRMAN BLACKER AT A REGULARLY SCHEDULED MEETING: VII. Date Director Planning & Zoning Commission Minutes - April 25,2002 o o CASE NO. ANN.67.O2 ROBERT JASSO BEFORE THE PLANNING AND ZONING COMMISSION CITY OF GALDWELL, IDAHO APRTL 25,2002 AN APPLICATION BY ROBERT JASSO TO ANNEX TWO PARCELS OF LAND REPRESENTING AppRoxtMATELy 3.22 ACRES INTO THE CITY OF CALDWELL AS AN R-l (SINGLE FAMILY RESTDENTTAL) ZONE. TABLE OF GONTENTS:I. COURSE OF PROGEEDINGS,II. GENERAL FACTS,II!. TESTIMONY,IV. APPLICABLE LEGAL ANALYSIS,V. COMPREHENSIVE PLAN ANALYSIS,VI. FINDINGS OF FACT,VII. CONCLUSIONS OF LAW,VIII RECOMMENDATION I COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application ANN-67-02, to be held before the Planning and Zoning Commission on April 25, 2002. Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were met. On April 10,2OO2 notice was published in the ldaho Press Tribune, and on April 5,2002 notice was mailed to all property owners within 300 feet of the project site; and, on April 18, 2002 notice was posted on the site. 1.2 Files and exhibits relative to this application will be available for review in the Community Development Department, Caldwell City Hall, as well as all public hearings. I! GENERAL FACTS 2.1 APPLICANT: Robert Jasso 1517 East Ustick Road, Caldwell, ldaho 83605. 2.2 OWNER: Same 2.3 REQUEST: To annex and rezone two parcels of land comprising 3.22 acres into the City with an R-1 (Single Family Residential) Zoning designation. The Applicant states that they wish to connect these properties to City sewer and water, The parcels are located within the City's Area of lmpact and are contigious to the City limits. 2.4 LOCATION: The parcels are located on the north side of Ustick Street approximately 750 feet east of Montana Avenue. 2.4 LEGAL DESCRIPTION: Pz-e 2.s aorr*-*=*r,rr!|ro* r=r,o*olo*: Low Density RJ,oentiar 2.7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: 2.7.1 Propertv Riqhts: The five checklist criteria set forth by the Attorney General in the "ldaho Regulatory Takings Act Guidelines" were reviewed by planning staff. None of the criteria were answered in the affirmative. 2.7.2 School Facilities and Transportation: The Vallivue School District was notified of the request through mailing of the public hearing notice on April 5,2002. 2.7.3 Land Use:Area of City lmpact - The site is located in Canyon County within the Area of City lmpact and zoned R-1 single family residential. Canyon County Development Services was notified of the request through mailing of the public hearing notice on April 5,2002. 2.7.4 1) 2) 3) a) b) Public Services. Utilities and Facilities: ln a memo dated April 9, 2002, the Engineering Department provides the following comments: The City water system is capable of providing service to the area. Water mains are in place on the southern border of the property. The City sewer system is capable of providing service to the area. Sewer mains are in place on the southern border of the property, and service stubs have been provided. The Engineering Department requests that the following items be included in a Development Agreement prior to approval of this case by City Council: Dedication of right-of-way along Ustick Road.(must equal 45 feet half) Property owner participation in future street improvements. 2.7.5 Transportation: The two-land parcels front on the north side of Ustick Road between Montana and South lndiana Avenue. The smaller parcel has 84 feet of frontage and the larger 110 feet. According to the functionally classified map Ustick is classified as a Principal Arterial and Montana and South lndiana Avenue are minor arterials. 2.7.6 Fire protection: The Caldwell Fire Department has no objection. II! TESTIMONY AT THE P & Z COMMISSION HEARING APRIL 25,2002 3.1 Steve Hasson, Community Development Director, presented the staff report and outlined the facts as stated. Mr. Hasson stated that a development agreement will be required between the applicant and the City which will be drafted prior to the public hearing before the City Council. Mr. Hasson inquired of Mr. & Mrs. Jasso if the temporary dwelling is currently on the same parcel as where the new home is being built? Mr. Hasson clarified with the Commissioners that in accordance with the City Zoning Ordinance, only one residence is allowed per parcel and thus if there are two dwellings on the same lot, either one of them has to be removed or they need to obtain a special use permit for the second dwelling. Linda Jasso, Applicant, testified in favor of the application. Ms. Jasso stated that their temporary residence is a doublewide manufactured home which is currently on the same parcel as the new home which they are constructing. The manufactured home will be sold and removed from the property once construction is completed. The house on the front parcel of land will remain. Ms. Jasso stated that their request for annexation into the City is for the purpose of connecting to public sewer. She reported that they were in agreement with the staff report. 3.2 Testimony closed o IV APPLICABLE LEGAL STANDARDS City of Caldwell Zoning Ordinance No. 1451, as amended City of Caldwell Comprehensive Plan, as amended City of Caldwell Subdivision Ordinance No. 1758, as amended ldaho Code, Title 67, Chapter 65, Local Planning Act ldaho Code, Title 50, Chapter 2, Section 50-222 Municipal Corporations, regarding annexation o 4.1 4.2 4.3 4.4 4.5 V COMPREHENSIVE PLAN ANALYSIS: The Planning and Zoning Commission accepted the Comprehensive Plan Analysis as stated: 5.1 Propertv Riohts - GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property rights, adversely impact property values or create unnecessary technical limitations on the use of the property. OBJECTIVE B: To identify potential takings of private property prior to a regulatory or administrative action on specific property. POLICY 1: Require staff to follow the Attorney General's Checklist Criteria outlined in the ldaho Regulatory Takings Act Guidelines prior to any proposed regulatory or administrative action on specific property, and to request legal counsel's review if any one of the criteria is answered in the affirmative. 5.2 School Facilities and Transportation - GOAL: To provide the on-going opportunity for school representatives of Caldwell and Vallivue School Districts to participate in the community planning process. POLICY 1: lnclude the school districts in the review process when considering land-use proposals. At a minimum, notice of the hearing for each proposal should be provided to the districts and any additional information that the districts might subsequently request. 5.3 Land Use - GOAL: To establish land-use management policies that protect property rights and the environment, maintain a high quality of life, provide adequate land for all types of development and adequately buffer non-compatible uses. OBJECTIVES APPLICABLE TO ALL LAND USES: OBJECTIVE C: To promote growth in areas where public facilities and services are readily available. AREA OF CITY IMPACT OBJECTIVE A: To encourage development as a natural outward progression of the City's corporate boundaries and within areas that can be immediately annexed. POLICY 5: Encourage growth to occur primarily as a contiguous outward expansion from the City's corporate boundaries. Discourage "hopscotch" development. VI PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT 6.1 The Planning ,nO;ning Commission accepted the n"n"rtla.ts outlined in the staff report and the facts brought forward during public testimony as the findings of fact. VII PLANN!NG AND ZONING COMMISSION'S CONCLUSIONS OF LAW 7.1 The Planning and Zoning Commission has the authority to hear this request and to recommend to the Mayor and City Council that the annexation is approved or denied; the hearing was legally noticed and posted, and was held under the requirements of ldaho Code and City ordinances. IX PLANNING AND ZONING COMMISSION'S RECOMMENDATION 8.1 Based on the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission recommend to the Mayor and City Council that Case No. ANN-67-02, a request by Robert Jasso to annex and rezone approximately 3.22 acres into the City of Caldwell as a R-1 (Single Family Residential) zone is approved with the following conditions: 8.2 A Development Agreement between the Applicant and the City of Caldwell will need to be constructed prior to the Community Development Director scheduling a public hearing before City Council. 8.3 The Applicant shall dedicate additional right-of-way along Ustick Road to total 45 feet, to meet the City Engineer's requirements. 8.4 Property owner participation in future street improvements. 8.5 The applicant will remove the temporary dwelling (manufactured home) within 90 days after construction is completed of the new home. CASE NO. ANN-67-02 WAS HEARD BY PLANNING AND ZONING COMMISSION MEMBERS AT A PUBLIC HEARING HELD APRIL 25,2002. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION WAS ADMINISTRATIVELY APPROVED AND SIGNED BY CHAIRMAN JIM BLACKER ON THE DATE NOTED BELOW.tuffiL/ 5'z-oz ATTEST: Date Commu Development irector t PU BL]C ]-iEA.ij}i G C OJqd$JiENT SHEET {PLEASE PRIilIT CLEARLI N,qME STREET ADDRESS:/5t? tr.U s1,7 k P,t , CITY/STATE/ZI I s- *}***ffi *!HH.!W!rhHM#*****ffi #**ffi #ffi ffi ffi Check the appropriate line o App or Neutral/ wish to speak_ do not wish to speak_ Opposed/ wish to speak_ do not wish to speak_ ln favor/ wish to speak_ do not wish toGai t,/ Written comments may be attached to this form or you may write them in below. P7.Z NAIVIE OF CASE BEING HEARD: N NN - b7 - O 2 oo FUBL]C HEA.i.lli G CCld$JEli'i SI..:EET {PLEASE PR.l i\iT CLEA.RL)] NA]UIE: STREET ADDRESS: ,lsr 7 . E- ltsl o k Pa - 0n l) *.1( , o)r o 836 o.sCITY/STATEIZIP: Check the appropriate line Applicant or Representative :'Neutral/ wish to speak_ do not wish to speak_ ln favor/ wish to speak_ do not wish to speak ,, Opposed/ wish to speak_ do not wish to speak_ I I I I I l I I Written comments may be attached to this form or you may write them in below. Pz- t NArvlE oF CASE BETNG Ue.lnO: 4 A/ A/ - 67- a 2.