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PLANNING AND ZONINGIHEARING EXAMINER
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Regular Caldwell Planning & Zoning Commission Meeting
Tuesday, October 8, 2019, 7:00 p.m.
AGENDA
Call to Order
Review of Proceedings
Roll Call
I. CONSENT CALENDAR:
1) ACTION ITEM: Approve Minutes of the September 10, 2019 meeting assigned by Chair Doty.
IL NEW BUSINESS:
1) ACTION ITEM: (Continued from the September 10, 2019 P&Z Meeting)
Case Number SUP-19-18: A request by Victor Thompson for a special -use
permit to expand an existing Mobile Home Park within the R-3 (High Density
Residential) zoning district. The subject property is located at 2819 S. Georgia
Avenue (Parcel # R0408100000) in Caldwell, Idaho.
2) ACTIONITEM: Case Number SUB-19P-07: A request by William Truax and
Cleveland Square Limited Partnership for Preliminary Condo Plat approval of
Cleveland Square Condo Plat consisting of 0.55 acres, more or less, to be
subdivided into 2 condominium lots. The subject property is located at 808
Cleveland Boulevard (Parcel R0473100000) in Caldwell, Idaho.
3) ACTION ITEM: Case Number ANN-19-11: A request by Esther Rush Trust
and Doug Lampman to annex 3.9 acres, more or less, with a C-3 (Service
Commercial) zoning designation. The subject property is located at 4120 E.
Ustick Road (Parcel # R3249700000) in Caldwell, Idaho.
4) ACTION ITEM: Case Number ANN-19-10 & SUB-19P-06: A request by
Hayden Homes and John Carpenter to annex 26.9 acres, more or less, with an
R-2 (Medium Density Residential) zoning designation and for a
Comprehensive Plan Map Amendment from Low Density to Medium Density,
and for Preliminary Plat approval of Arrowleaf Subdivision consisting of 26.9
acres, more or less, to be subdivided into 99 residential lots and 11 common
lots. The subject property is located at 1020 E Homedale Road (Parcel
R3272100000) in Caldwell, Idaho.
5) ACTION ITEM: Case Number ZON-19-03 & PUD-19-02: A request by
Aaron Doughty and Jeff Hatch to rezone 4.5 acres, more or less, from R-1
(Low Density Residential) to R-2 (Medium Density Residential), and for
approval of a Planned -Unit Development to allow for the construction of 17 4-
plex structures. The subject property is located on the south side of Logan
Street, approximately 500 feet east of Marshall Avenue in Caldwell, Idaho.
III. Planning and Zoning Issues, if any.
IV. Adjournment.
Next Regular Planning and Zoning Commission Meeting is on Tuesday, November 12, 2019 at 7:00 u.m. in the Community
Room at the Caldwell Police Station at 110 South Fifth. Any person needing special accommodations to participate in the
meeting should contact the City Office at 2058-455-3021 prior to the meeting. The agenda packet and minutes can be viewed on
the City of Caldwell's website: %%%vuv.citvofcaldwcl1.coin. Cualquier persona necesitando comodidades especiales para participar
en la reuni6n debe contactar al las oficinas de la Ciudad o ]lame a 208-455-3021 antes de la reuni6n.
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CITY OF CALDWELL r,
CALDWELL PLANNING AND ZONING COMMISSION MINUTES
Community Room, Caldwell Police Department
110 South 5tn Avenue, Caldwell, Idaho
October 8, 2019, 7:00 P.M.
Call to Order -Vice Chair Vance called the meeting to order at 7:22 p.m.
Review of Proceedings -
Roll Call
Members Present: Betsy Hunsicker, Roger Page, Dana Vance
Members Absent: Ed Doty- Pomoransky, Jim Nelson
Staff Present: Jarom Wagoner, Senior Planner/Development Team Leader; T.J. Frans,
Project Manager; Lori Colligan, Administrative Secretary
Staff Absent: Robb MacDonald, City Engineer
Old Business: Approve minutes of September 10, 2019, regular meeting as previously signed by
Commissioner Vance.
MOTION: Commissioner Hunsicker, SECOND: Commissioner Page. Passed: Unanimous roll call
vote.
New Business:
1. Case Number SUP-19-18: A request by Victor Thompson for a special -use permit to
expand an existing Mobile Home Park within the R-3 (High Density Residential) zoning
district. The subject property is located at 2819 S. Georgia Avenue (Parcel # R0408100000) in
Caldwell, Idaho. ntinued r m the September 10 2019 P Z Meg n
Testimony:
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated we need a motion to move this case to the November 19, 2019 meeting.
MOTION: Commissioner Hunsicker. SECOND: Commissioner Page. Passed: Unanimous roll call
vote.
2. Case Number SUB-19P-07: A request by William Truax and Cleveland Square Limited
Partnership for Preliminary Condo Plat approval of Cleveland Square Condo Plat consisting of 0.55
acres, more or less, to be subdivided into 2 condominium lots. The subject property is located at
808 Cleveland Boulevard (Parcel R0473100000) in Caldwell, Idaho.
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Testimony:
C
jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting approval of a Preliminary Condo Plat for Cleveland
Square Condominiums, consisting of 2 condo units. The applicant intends for the first unit to
encompass the first floor that will contain a Terry Reilly Health Clinic. The applicant intends for the
second condo unit to encompass the three upper floors of multi -family residential housing units.
Bryan Aydelott, 3846 N. Arches Way, Meridian, ID 83464, [applicant], stated he is here to answer
any questions. The purpose For the platting is so they can convey ownership. He started working on
this when Terry Reilly owned the land and then they got together with his client and they decided
they could work together. Terry Reilly will get an office suite and his client will have apartments
above that would serve the senior housing.
Commissioner Hunsicker asked how many units?
Mr. Aydelott stated there will be multiple units, approximately 50 apartment units, but only 2
owners.
Commissioner Hunsicker asked if the final plat would come in with the number of units.
Mr. Wagoner stated no, it is 2 units. It is currently 2 units, the top 3 floors will be one owner.
Commissioner Vance asked about parking for commercial and residential mixed.
Mr. Aydelott stated that there aren't any parking requirements in the City Center. However, there is
a lot adjacent that will be for parking. There will also be parking on the streets.
Commissioner Vance asked if there will be any requirements regarding the residents and parking.
Mr. Aydelott stated there won't be parking allocated to specific residential units. Again, there is no
parking requirement for city center.
Mr. Wagoner stated that is correct.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Hunsicker. SECOND: Commissioner Page.
Passed: Unanimous voice vote.
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 51 and 5.2. MOTION: Commissioner Hunsicker.
SECOND: Commissioner Page. Passed: Unanimous voice vote.
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed and the evidence list. MOTION: Commissioner Hunsicker. SECOND:
Commissioner Page. Passed: Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Page.
Passed: Unanimous voice vote.
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ORDER FOR SUB-19P-07 (Preliminary Plat) MOTION: Commissioner Hunsicker that Case
Number SUP-19-19 be approved with the following conditions: 8.2 SECOND: Commissioner Page.
Passed: Unanimous voice vote.
3. Case Number ANN-19-11: A request by Esther Rush Trust and Doug Lampman to annex
3.9 acres, more or less, with a C-3 (Service Commercial) zoning designation. The subject property
is located at 4120 E. Ustick Road (Parcel # R3249700000) in Caldwell, Idaho.
Testimony:
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting to annex 3.9 acres with a C-3 zoning designation.
Commissioner Hunsicker asked about the letter from CDH4 regarding right-of-way dedication and
improvements.
Mr. Wagoner stated those are requirements of development so they are not conditions of approval.
Dougas Lampman, 11759 W Meadow Falls, Star, Idaho (Applicant) stated he is here on behalf of his
client. The City did enter into an easement agreement to improve the infrastructure in the right of
way and that work has been performed and to his knowledge infrastructure has been installed.
They are still in the process of marketing the property. They are seeking C-3 zoning.
Theresia Hout, 4115 Ashton Ave., Caldwell, Idaho (neutral) stated she has several concerns as a
deaf/blind citizen. She walks to Walmart and she is concerned about the extra traffic on that road.
She understands there will be a sidewalk and that will be very nice. The creek is behind her house
and her property is also on the other side of the creek and she is concerned with how close they will
be to her property. If it will be commercial she wants to know if the City or developer can put up
signs that there is a deaf/blind person living close by.
Commissioner Vance asked about signals in the future at the time of development.
Mr. Wagoner stated they can always make a condition to do a traffic study to see what is needed at
that time.
David Ptaszek, 3919 E. Ustick Rd., Caldwell, Idaho representing Witco, stated some of his questions
have been answered. Traffic is dangerous and it is a big concern, he would suggest and request that
a traffic impact be tied to development. On a daily basis they have around 80 disabled persons
crossing that street. They don't oppose the annexation and they don't want to stifle development
but just make sure it is done properly.
Mr. Lawerence Hout, 4115 Ashton Ave., signed in neutral but chose not to speak.
Rebuttal:
Mr. Lampman stated he wanted to try to alleviate the concerns of the citizens concerned with
traffic. At this time, they do not have a potential buyer. He doesn't see it going residential. He
doesn't think the owners should carry the burden of the traffic study, he believes the developer
should do that.
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MOTION TO CLOSE PUBLIC t'ESTIMONY: Commissioner Page. SECOND: Commissioner Hunsicker.
Passed: Unanimous voice vote.
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Hunsicker.
SECOND: Commissioner Page. Passed: Unanimous voice vote
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed and the evidence list. MOTION: Commissioner Hunsicker. SECOND:
Commissioner Page. Passed: Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Page.
Passed: Unanimous voice vote.
RECOMMENDATION FOR ANN-19-11 (Annexation) MOTION: Commissioner Hunsicker that Case
Number ANN-19-11 be approved with the following conditions: 8.2-8.4 with the addition of 8.5 that
the future developer/development be required to completed a traffic study. SECOND:
Commissioner Page. Passed: Unanimous roll call vote.
4. Case Number ANN-19-10 & SUB-19P-06: A request by Hayden Homes and John Carpenter
to annex 26.9 acres, more or less, with an R-2 (Medium Density Residential) zoning designation
and for a Comprehensive Plan Map Amendment from Low Density to Medium Density, and for
Preliminary Plat approval of Arrowleaf Subdivision consisting of 26.9 acres, more or less, to be
subdivided into 99 residential tots and 11 common lots. The subject property is located at 1020 E
Homedale Road (Parcel R3272100000) in Caldwell, Idaho.
Testimony:
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting to annex approximately 26.9 acres, with an R-2
(Medium Density Residential) zoning designation and approval of a Preliminary Plat for Arrowleaf
Subdivision, consisting of 99 residential lots.
Commissioner Hunsicker asked if the current comp plan map designates this area as R-1.
Mr. Wagoner stated yes, that is correct, the applicant is requesting a comp plan change from low
density to medium density.
Commissioner Hunsicker if the neighborhood across Montana Avenue was R-1 and compliant with
code.
Mr. Wagoner stated it is an R-1 neighborhood was compliant with code at that time but not with
today's code.
Commissioner Vance asked if the only reason to go to R-2 is get more lots, not to put in duplexes.
Mr. Wagoner stated he would defer that to the applicant but basically yes, the R-2 zone is 6,000 sq ft
lots.
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Commissioner Hunsicker asked why we would change the comp plan outside of the comp plan
cycle.
Mr. Wagoner stated that they tell the applicants it is up to them to answer that question.
Commissioner Vance said she appears to see entrances off of Montana and another one off of
another side, will there actually be 3 entrances?
Mr. Wagoner stated she may be seeing sub streets. He confirmed it was a sub street.
Tim Mokwa, 1406 N. Main Street, Hayden Homes, Meridian, Idaho (applicant) stated they are
proposing 99 single family lots, south of Homedale and Montana, with 12 common lots. Medium
density allows up to 4 units per acre. The comp plan is a guide, the state of Idaho has been trying to
get rid of this property. They have a good feel for what the market wants. They think this is a good
use for the property. 11.6 acres will be common open space. Canyon Highway District suggested a
traffic mitigation fee, they are willing to pay that and are willing to accept that as a condition of
approval. They are willing to add a condition regarding the R-2 zoning as well.
Mr. Valden Christensen,1208 Condor Ct., Caldwell, Idaho (In Favor) stated he agrees we do need
affordable housing in the area. When they received the letter they toured other neighborhoods.
They think Hayden Homes has high quality homes and good customer relationships. They have
good recommendations on the internet. His thoughts are that the area be cleaned up, there are a
lot of weeds there. He would rather have this outfit rather than some of the others.
Mike Gregory, 3489 Brewman, Boise, Idaho signed in favor but chose not to speak.
John Carpenter, 332 N. Broadmore, Nampa, Idaho signed in favor but chose not to speak.
Steve Bullard,1222 Peregrine Ct., Caldwell, Idaho signed in neutral but chose not to speak.
Cindy Smith, 5624 Court, Caldwell, Idaho (opposition) stated she knows they said they would agree
to a traffic mitigation but she is very concerned with the traffic in that area. People come flying
around the corner. She doesn't know if there will be traffic lights or not. Homedale Road is like a
raceway.
Richard Smith, 5624 Buckboard Ave, Caldwell, Idaho (opposition) stated he is more concerned with
the safety at Montana and Homedale. He drives a school bus and traffic is a big concern. The other
part that concerns him is "more or less acres", what do they mean more? His biggest concern is the
safety in that area. He agrees the road needs to be widened and some kind of traffic signal. His
concern is for the kids.
Mr. Wagoner clarified the "more or less" comment is legal jargon that Jarom uses to describe the
property.
Tim Mokwa (rebuttal) they acknowledge that 99 more homes will contribute to more traffic and
that is why they proposed to pay for a traffic study. They are also adding 10 feet of asphalt (more
or less) and a 7 ft sidewalk.
Commissioner Hunsicker asked what the average lot size was?
Mr. Mokwa said just over 7,000 sq. feet.
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Commissioner Hunsicker asked if they had renderings.
Mr. Mokwa showed a site plan and showed a 20 ft buffer along Montana.
Commissioner Hunsicker asked if they tested a 8,000 sq ft lot.
Mr. Mokwa said they would lose 19 homes. He said this model is successful and in high demand in
this area and is affordable.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page. SECOND: Commissioner Hunsicker.
Passed: Unanimous voice vote.
ANNEXATION:
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Hunsicker.
SECOND: Commissioner Page. Passed: Unanimous voice vote
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Page. Passed:
Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Page.
Unanimous voice vote.
RECOMMENDATION FOR ANN-19-10 (Annexation) MOTION: Commissioner Hunsicker that Case
Number ANN-19-10 be approved with the following conditions: 8.2 - 8.3 with the addition of 8.4 to
add that they will pay the traffic mitigation fee as determined by the City Engineer. SECOND:
Commissioner Page.
PRELIMINARY PLAT:
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 9.1 and 9.2. MOTION: Commissioner Hunsicker.
SECOND: Commissioner Page. Passed: Unanimous voice vote
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Page. Passed:
Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Page.
Unanimous voice vote.
RECOMMENDATION FOR SUB-19P-06 (Prelim Plat) MOTION: Commissioner Page that Case
Number SUB-19P-06 be approved with the following conditions: 12.2 - 12.14 with the addition of
12.15 that they must be single family homes. SECOND: Commissioner Hunsicker. The motion to
approve passed, with a majority voting in favor: Vance. Page and one voting opposed:
Hunsicker. Roll call vote
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S. Case Number ZON-19-03 & PUD-19-02: A request by Aaron Doughty and Jeff Hatch to
rezone 4.5 acres, more or less, from R-1 (Low Density Residential) to R-2 (Medium Density
Residential), and for approval of a Planned -Unit Development to allow for the construction of 17 4-
plex structures. The subject property is located on the south side of Logan Street, approximately
500 feet east of Marshall Avenue in Caldwell, Idaho.
Testimony:
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting a rezone of 4.5 acres, more or less, with an R-2
(Medium Density Residential) zoning with a Development Agreement. Also requested is approval of
a Planned -Unit Development (PUD) consisting of 17 four-plex structures for a total of 68 units.
Jeff Hatch, 6126 W. State Street, Boise, Idaho (applicant) thanked the commission for their time. He
showed zoning in the surrounding areas. The conceptual layout will have meadow grass areas on
the front of the property to create a buffer, they also have a tot lot and a BBQ area for family
gatherings. They are proposing this as an inFill project. They are in agreement with the conditions
from the City. They will be conducting a traffic impact study.
Aaron Doughty, 5299 N. Lakemont Lane, Garden City, Idaho signed in favor but chose not to speak.
Mr. Steve Wagner, 1909 Meadow Ave., Caldwell, ID (opposed) stated traffic is a concern, there are
already traffic issues in this area. 17 4-plexes is a lot to add to this small area. It might look nice but
what will it look like in 10 years.
Ruth Galloway, 601 W Elm St. Caldwell, ID (opposed) stated she feels like 17 units on 4 acres is
really pushing it a lot. West Elm is only one block long. She has lived there for 40+ years. Her
concern is traffic.
Katie Smitherman, 815 W Logan Street, Caldwell, Idaho (opposed) stated she has lived there for 14
years and is an active real estate agent. She understands the need for more housing but you can't
almost believe it will all fit in there. While she would love to see the lot stay empty, her compromise
is single story. That would decrease story and not be so "in your face" and still increase revenue for
the City. It will also lessen the blow of decreased property values in the area.
Commissioner Vance asked her if she attended the neighborhood meeting.
Ms. Smitherman stated she did not receive anything regarding the meeting.
Judy Subia, 613 W. Logan, Caldwell, Idaho stated the previous speaker covered most of her
concerns. Her property will be 6 ft from the 17 complexes. There are 2 assisted living areas and
the rest is rural living. She always assumed there would be nice development in the area but she
just can't see 68 units. Logan does have a high volume of traffic. She can't see families and kids
walking and taking the bus. She can't believe the volume of people. She is wondering how many
people will be living in the 2 bedroom and 3 bedroom units. She was wondering if there was any
count with fire and medical units. Logan seems to be the way for traffic for emergency vehicles.
The senior citizens that live in facilities close by can drive but they drive slowly. She just can't see
all these people on Logan Street, 6 feet from her property line. She is also wondering how many
dogs would be allowed in this 68 unit complex. She was happy to hear about them having
walkways.
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Bill Fosbenner, 715 W. Elm Street, Caldwell, Idaho stated he has concerns, everything around them
is one story. Elm Street is a small street; 2 cars can't cross each other. Their proposal puts the exit
right in front of their house. They have an average of 20 cars a day. All the neighborhood streets
around there there are kids playing in the streets, where will they go now. They bought this field 8
or 9months ago and they have done nothing with it. The weeds are 6 ft tall and there are rodents in
there. When they take the weeds down all those rodents are going to surrounding houses. And how
will they control the irrigation canal on the side of the property. This would be an eye sore for this
neighborhood, it doesn't belong there. It doesn't fit in and the people that will suffer are the
neighbors. It will make it very unsafe.
Lacey Fosbenner, 715 W. Elm Street, Caldwell, Idaho stated she has the same concerns has her
husband and the condition of the field since they purchased it. There are a couple two story homes
in the area but the majority are not. A traffic impact study would be great if it's not just for one side.
On Elm Street they see maybe 10 cars a day, they have very low traffic on their street. That's a
major increase in traffic on their street. There are no sidewalks and they have a handicap son who
uses a walker he has to walk in the street. There are also no crosswalks at Logan and Marshall for
pedestrians. She thinks development is great and is needed but she would not like to see any
entrances or exits to a residential street like Elm.
Kathi Wagner, 1909 Meadow Ave., Caldwell, Idaho 83605 signed in opposition but chose not to
speak.
Mr. Hatch, (Rebuttal) stated he would like to address some of the comments. There are several
comments about traffic. He is fine with a condition to look at Elm and Logan in the traffic study. As
far safety, sidewalks will be a good improvement. As far as the amount of people who will stay in a
unit, as an architect he cannot say. As far as the comments on density; the comp plan has this as
medium density and they are in compliance. As far as reducing that they have no pressurized
irrigation which is a substantial amount of cost and so the number of unit is off -setting those costs.
Regarding the weeds that can be addressed promptly, they have not received a formal citation.
Commissioner Hunsicker asked what is the required setback from the neighbors.
Mr. Hatch said 6 ft but he said none of his proposed buildings are on that setback.
Commissioner Hunsicker asked if it was an egress issue that requires them to have access on Elm.
Mr. Hatch stated that from their meeting with the City it was required for fire access.
Commissioner Hunsicker asked about the elevation regarding surrounding properties.
Commissioner Vance asked what the percentage of space is being used for the play areas.
Mr. Hatch stated over 10% for amenities.
Commissioner Hunsicker asked if they had a neighborhood meeting.
Mr. Hatch stated yes, they did and the letter was included in their application packet.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page SECOND: Commissioner Hunsicker.
Passed: Unanimous voice vote.
REZONE:
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A AM
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Hunsicker.
SECOND: Commissioner Page. Passed. Unanimous voice vote
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Page. Passed:
Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Page.
Passed: Unanimous voice vote.
RECOMMENDATION FOR ZON-19-03 (Rezone) MOTION: Commissioner Hunsicker that Case
Number ZON-19-03 be DENIED due to the number of units and lack of living/common space and
egress on to Elm and the effect on the neighbors on Elm Street. SECOND: Page. Passed: Unanimous
roll call vote.
PRELIMINARY PLAT:
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 9.1 and 9.2. MOTION: Commissioner Hunsicker.
SECOND: Commissioner Page. Passed: Unanimous voice vote
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Page. Passed:
Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Page.
Passed: Unanimous voice vote.
RECOMMENDATION FOR PUD-19-02 (Planned Unit Development) MOTION: Commissioner
Hunsicker that Case Number PUD-19-02 be DENIED due to the impact on the surrounding
neighbors and the impact on Elm Street traffic and the density of the units and the lack of common
space for the PUD. SECOND: Page. Passed: Unanimous roll call vote.
V. Planning Issues -
A. Special Planning and Zoning Commission Meeting scheduled for
Monday, October 14, 2019, 7:00 p.m.
VI1. Adjournment MOTION: Commissioner Page. SECOND: Commissioner Keller.
The meeting was adjourned at approximately 10:25 p.m.
MINUTES APPROVED AND SIGNED BY COMMISSIONER DANA VANCE ON THE DATE NOTED
BELOW:
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Planning and Zoning Minutes
Dana Vance, Vice -Chair Date
ATTEST: Jp
!2231
er, AICP, Senior Planner
FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING.
Page 110
Planning and Zoning Minutes
Recommendation by the Caldwell Planning & Zoning Commission
City of Caldwell, Idaho
Public Hearing Held October 8, 2019
Subject: Case No. ANN-19-11(Rush Annexation)
The following Land Use Action is the primary feature of this application:
Annex 3.9 acres, more or less, with a C-3 (Service Commercial) zoning designation.
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II
GENERAL FACTS
III
TESTIMONY
IV
APPLICABLE LEGAL STANDARDS
V
COMPREHENSIVE PLAN ANALYSIS
VI
FINDINGS OF FACT
VII
CONCLUSIONS OF LAW
VIll
RECOMMENDATION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application
ANN-19-11 to be held before the Caldwell Planning & Zoning Commission on October 8, 2019.
Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On,
or before, September 22, 2019, notice was published in the Idaho Press Tribune, and on, or before,
September 20, 2019 notice was mailed to all political subdivisions providing services to the site and
to all property owners within 300 feet of the project site; and on, or before, September 26, 2019
notice was posted on the site.
1.2 On October 8, 2019 the Caldwell Planning & Zoning Commission recommended approval of the
request.
1.3 Files and exhibits relative to this application are available for review in the Planning and Zoning
Department, 621 Cleveland Boulevard, Caldwell and at applicable public hearings.
11 GENERAL FACTS
2.1 APPLICANT/OWNER: Esther Rush Trust, 4120 E. Ustick Road, Caldwell, Idaho, 83605.
2.2 REPRESENTATIVE: Doug Lampman,148 Yale Avenue, Nampa, Idaho, 83651.
2.3 REQUEST: The applicant is requesting to annex 3.9 acres with a C-3 zoning designation.
2.4 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map designation for the
site is Commercial.
Commercial- Suitable for a wide range of retail and service uses including more intense
commercial uses such as those that require large amounts of land for sales, storage or parking, light
production or repair of consumer goods, and which may be less compatible with residential uses
due to traffic, noise and other impacts.
Case No. ANN-19-11 Rush Annexation Page 1 of 4
P&Z Commission Recommendation
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COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
Land Use: The subject property is surrounded by the following land uses:
Direction
Zone
Comprehensive Mai
ling
Site
County
Commercial
Vacant Land
North
C-3
Commercial
Retail/Office
South
C-3
Commercial
Wal-Mart
East
C-3
Commercial
Wal-Mart
West
R-1
Low Density Residential
Residential Subdivision
2.5 Transportation/Connectivity: The subject property has frontage onto Ustick Road, a principal
arterial roadway.
2.6 Public Services._ [utilities and Facilities: The engineering department, fire marshal, building
department, police department, Caldwell School District, Canyon Highway District #4, and Pioneer
Irrigation District were all sent a request for comment on September 4, 2019.
2.7 Landscaping: As per Section 10-07-02(2) of City Code, landscaping should be required for this
project. City Code requires a 25-foot wide grass landscape buffer along Ustick Road. The applicant
should be required to provide 1 Class 11 tree for every 35 feet of linear frontage and 1 shrub for
every 7 linear feet of frontage.
III PUBLIC TESTIMONY
3.1 Before the Planning & Zoning Commission, October 8, 2019
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff
report. Mr. Wagoner stated the applicant is requesting to annex 3.9 acres with a C-3 zoning
designation.
Commissioner Hunsicker asked about the letter from CDH4 regarding right-of-way dedication and
improvements.
Mr. Wagoner stated those are requirements of development.
Dougas Lampman,11759 W Meadow Falls, Star, Idaho (Applicant) stated he is here on behalf of
his client. The City did enter into an easement agreement to improve the infrastructure in the
right of way and that work has been performed and to his knowledge infrastructure has been
installed. They are still in the process of marketing the property. They are seeking C-3 zoning.
Theresia Hout, 4115 Ashton Ave., Caldwell, Idaho (neutral) stated she has several concerns as a
deaf/blind citizen. She walks to Walmart and she is concerned about the extra traffic on that road.
She understands there will be a sidewalk and that will be very nice. The creek is behind her house
and her property is also on the other side of the creek and she is concerned with how close they
will be to her property. If it will be commercial she wants to know if the City or developer can put
up signs that there is a deaf/blind person living close by.
Commissioner Vance asked about signals in the future at the time of development.
Mr. Wagoner stated they can always make a condition to do a traffic study to see what is needed.
David Ptaszek, 3919 E. Ustick Rd., Caldwell, Idaho representing Witco, stated some of his
questions have been answered. Traffic is dangerous and it is a big concern, he would suggest and
Case No. ANN 19 11 Rush Annexation Page 2 of 4
P&Z Commission Recommendation
All adopted city ordinances, standards and codes were used in evaluating the application.
VI FINDINGS OF FACT
6.1 The Caldwell Planning & Zoning Commission accepts the facts outlined in the staff report, public
testimony and the evidence list. All adopted city ordinances, standards and codes were used in
evaluating the application.
VII CONCLUSIONS OF LAW
7.1 The Caldwell Planning & Zoning Commission has the authority to hear this case and recommend to
the Mayor and City Council that it be approved or denied. The public notice requirements were met
and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances.
VIII RECOMMENDATION
8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning & Zoning Commission
hereby recommends to the Mayor and City Council that Case Number ANN-19-11 a request by
Esther Rush Trust and Doug Lampman to annex 3.9 acres, more or less, with a C-3 (Service
Commercial) zoning designation for the property located at 4120 E. Ustick Road (Parcel #
R3249700000) in Caldwell, Idaho, is approved with the following conditions of approval:
8.2 Comply with the all applicable city codes, ordinances, policies, and standards.
8.3 All requirements of federal, state and local laws, rules and regulations in place at the date of
submittal of any applications shall be adhered to in development of the subject property.
8.4 Install a minimum 25-foot wide landscape buffer along Ustick Road, abutting the site. The buffer
shall contain a minimum of 11 Class 11 trees and 55 shrubs, along with sod turf grass ground cover
as required by City Code Chapter 10-07. This condition shall be completed in conjunction with
future development of the site.
8.5 If warranted, as determined by the City Engineer, the future developer/development shall
complete a Traffic Impact Study (TIS) for said development.
Case Number ANN-19-11 was heard by the Caldwell Planning & Zoning Commission at a public hearing
held October 8, 2019.
The Findings of Fact, Conclusions of Law, and Recommendation were administratively approved and
signed by the Planning & Zoning Chairman on the date noted below.
�,a� iOil
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Case No. ANN-19-11 Rush Annexation
P&Z Commission Recommendation
ATTEST:
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Sen-i—or-Planner
Page 4 of 4
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in the appropriate box check whether you wish to speak or do not wish to speak.
CASE NAME: Rush Annexation
CASE NUMBER: ANN-19-11
IN FAVOR NEUTRAL IN OPPOSITION
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1U; 8/2019 r-0, Inc. Mail -Testimony subrritted regard,ng Cnse ier ANN-19-11
A W0' David Ptaszek <dptaszek@witcoinc.net>
%rtare erAr; meets [fq�a��t�.
Testimony submitted regarding Case Number ANN-19-11
2 messages
David Ptaszek <d ptaszek@witcoinc. net> Tue, Oct 8, 2019 at 4:41 PM
To: Jarom Wagoner <jwagoner@cityofcaldwell.org>
Dear Mr. Wagoner:
My name is David M. Ptaszek, and I serve as the director of Commercial Operations for Witco, Inc. Witco provides
developmental and employment services for persons with disabilities and serves up to eighty persons per day at our
facility located at 3919 E. Ustick Road in Caldwell. Witco's standard hours of operation are 7:00am until 6:00pm, but
many activities are conducted in the evening, and staff working in the community enter the facility during night time hours.
It is my understanding that the Caldwell Planning and Zoning Commission will hear the above noted Case Number this
evening, 10/08/2019. The request being heard is for annexation and rezoning of a 3.9 acre parcel of land located at 4120
E. Ustick Road in Caldwell(Parcel # R3249700000). The zoning request is for C-3 (Service Commercial)..
Due to Witco's close proximity to the property in question, I do wish to go on record on behalf of Witco regarding the
annexation and zoning change contemplated by the Planning and Zoning Commission.
On it's own merits„ Witco has no compelling rationale to oppose the request for annexation and rezoning.which is being
considered. However, since no development plan has been submitted for future use of the property, Witco does have
legitimate concerns surrounding the disposition of this Case.
First, due to the already significant traffic issues on Ustick Road on the approach to Cleveland Bivd., we are concerned
that any commercial or residential development on a large scale would further disrupt traffic patterns and lead to serious
congestion, delays and accidents which would jeopardize the safety and comfort of Witco staff and persons served.
Witco respectfully requests that prior to approval of any new development in the area of consideration, that a formal and
extensive traffic study be conducted by or under the auspices of the City of Caldwell.
Second, in regards to the nature and vulnerability of the persons served by Witco, we request that any plan for
development of the property in question be subjected to scrutiny and public comment to insure against the promulgation
of adverse conditions or creation of opportunities for preying on such a vulnerable population.
Thank you for sharing these concerns with the Planning and Zoning Commission.) anticipate that they will be provided
due consideration.
Respectfully Submitted,
David M. Ptaszek
Director of Commercial Operations
Witco, Inc.
David Ptaszek <d ptaszek@witcoinc. net>
To: Maureen Stokes <mstokes@witcoinc.net>
(Quoted text hidden]
Tue, Oct 8, 2019 at 4:42 PM
I W
hops:Hmail.google.com/maiVu/1?ik=bb528723e7&view=pt&search=all&permthid=thread-a%3Ar7382119913253874621 &simpl=msg-a%3Ar-46380482... 111