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HomeMy WebLinkAboutPlanning & ZoningC r RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION CITY OF CALDWELL, IDAHO PUBLIC HEARING HELD OCTOBER 13, 2009 SUBJECT: Case No. OA-120-09 — (Subdivision Ordinance) TABLE OF CONTENTS: I. COURSE OF PROCEEDINGS II. GENERAL FACTS III. APPLICABLE LEGAL ANALYSIS IV. TESTIMONY V. COMPREHENSIVE PLAN ANALYSIS VI. RECOMMENDATION I COURSE OF PROCEEDINGS 1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application OA-120-09, to be held before the Caldwell Planning and Zoning Commission on October 13, 2009. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been met. On September 27, 2009 notice was published in the Idaho Press Tribune. Notice was sent to all political subdivisions located within Caldwell's area of impact and within the City of Caldwell on September 25, 2009. 1.2 The Planning and Zoning Commission recommended approval of the amended subdivision ordinance on October 13, 2009. 1.3 Files and exhibits relative to this application are available for review in the Caldwell Planning and Zoning Department, 621 Cleveland Blvd., Caldwell as well as applicable public hearings. II GENERALFACTS 2.1 APPLICANT: Caldwell Planning and Zoning Department and Engineering Department, 621 Cleveland, Caldwell, ID 83605. 2.2 REQUEST: This is a proposal by the Planning and Zoning Department and the Engineering Department to clarify minor inconsistencies in and remove duplicate information from the existing Chapter 11 (subdivision ordinance). 2.3 TEXT CHANGE CONSIDERATIONS: See draft ordinance. OA-120-09 (Subdivision Ordinance) RECOMMENDATION Page 1 of 5 e 21 r III APPLICABLE LEGAL STANDARDS 3.1 City of Caldwell Zoning Ordinance, as amended. 3.2 City of Caldwell Comprehensive Plan, as amended. 3.3 Idaho Code, Title 67, Chapter 65, Local Planning Act IV TESTIMONY BEFORE THE PLANNING AND ZONING COMMISSION, OCTOBER 13, 2009 4.1 Anne Marie Skinner, senior planner/community development coordinator, presented the staff report and outlined the proposed changes to the subdivision ordinance. V COMPREHENSIVE PLAN ANALYSIS The Planning and Zoning Commission accepts the Comprehensive Plan components as listed below. 5.1 CONSISTENT WITH THE COMPREHENSIVE PLAN: The request is consistent with the following components of the Comprehensive Plan: 5.1.1 Property Riahts - 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 A: To establish a sound basis for land use and environment regulations through comprehensive planning and adopted policies and ordinances. OBJECTIVE D: To assure that development pays its fair share by establishing a rational, equitable basis for calculation the type of any exaction, or the amount of any impact fee. 5.1.2 Economic Development — GOAL IV: To create neighborhoods where citizens can live, work and play. OBJECTIVE D: To promote unique economic development projects that are designed to include integrated uses such as housing, recreation, office complexes, restaurants, and shopping areas. 5.1.3 Land Use — GOAL L 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. GOAL II: To create a strong sense of community and place. GOAL III: To create communities that are more livable, affordable and ecologically sustainable. GOAL IV: To create communities that accommodate cost effective public services and OA-120-09 (Subdivision Ordinance) Page 2 of 5 RECOMMENDATION infrastructure. OBJECTIVES APPLICABLE TO ALL LAND USES: OBJECTIVE A: To guide the growth and development of land uses in such a way that the health, safety, and general welfare of residents will be protected. 5.1.4 Natural Resources — GOAL I: To preserve, protect, and enhance the City's water resources. GOAL II: To preserve and protect the City's potable water source. GOAL III: To improve and maintain water quality. GOAL IV: To use municipal drainage and stormwater infrastructure as a community amenity and design elements. OBJECTIVE B: To meet the requirements of local, state and federal water quality and run-off standards through a variety of practices and facilities. 5.1.5 Hazardous Areas — GOAL: Prevent or limit development activity in areas considered hazardous. OBJECTIVE A: To lessen the threat of harm to people and damage to property. OBJECTIVE B: To restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards. OBJECTIVE D: To prevent or regulate the construction of flood barriers, which will unnaturally divert flood water or which may increase flood hazards in other areas. 5.1.6 Public Services, Utilities and Facilities — GOAL I: To ensure that there are adequate public services and infrastructure to meet the needs of the public. OBJECTIVE A: To provide for the orderly expansion of public services to meet the needs of population growth, and ensure that adequate infrastructure is in place to serve new development. OJBECTIVE B: To coordinate efforts among public agencies in order to provide better services to the public. OBJECTIVE C: To maintain adequate levels of public facilities and services that will serve the diverse needs of the city. OBJECTIVE F: To encourage the co -location and joint use of utility corridors and facilities. 5.1.7 Transportation — OA-120-09 (Subdivision Ordinance) Page 3 of 5 RECOMMENDATION W GOAL I: To provide for the efficient, safe and cost-effective movement of people and goods. GOAL II: To protect public safety and the environment. GOAL III: To create communities with more cohesive, interconnected and walkable neighborhoods. GOAL II: To increase transportation linkages. GOAL I: To develop a road system consistent with regional transportation plans GOAL II: To protect the integrity of arterial corridors. 5.1.8 Housing — GOAL: To provide adequate housing for a range of income levels and residential needs. OBJECTIVE A: To support an open housing market that is free from discrimination. OBJECTIVE B: To reduce substandard housing. OBJECTIVE E: To create a housing mix, including accessory housing units, that allows residents to remain living in the neighborhood as their circumstances, income, and age change. POLICY 7: Encourage a mix of entry level, step-up, and upper level homes. 5.1.9 Community Design — GOAL: Foster growth in a manner that will enhance and improve the City's visual image. OBJECTIVE A: To promote, encourage and maintain an aesthetically pleasing city. VI PLANNING & ZONING COMMISSION'S RECOMMENDATION 6.1 Based on the Comprehensive Plan analysis and testimony, the Planning & Zoning Commission hereby recommends to the Mayor and City Council that Case No. OA-120-09, a request by the Planning and Zoning Department and the Engineering Department to amend Chapter 11 of Caldwell City Code, which is the Subdivision Ordinance, be approved with the following conditions: 6.2 Add a definition for sewer and water main lines. 6.3 Provide language that requested exceptions must be specified in the application to be acted upon with a recommendation from the Planning and Zoning Commission and a decision by the City Council. CASE NUMBER OA-120-09 WAS HEARD BY THE CALDWELL PLANNING AND ZONING COMMISSION AT A PUBLIC HEARING HELD OCTOBER 13, 2009. OA-120-09 (Subdivision Ordinance) Page 4 of 5 RECOMMENDATION A THE COMPREHENSIVE PLAN ANALYSIS AND RECOMMENDATION WERE ADMINISTRATIVELY APPROVED AND SIGNED BY THE PLANNING AND ZONING COMMISSION VICE CHAIRPERSON ON THE DATE NOTED BELOW. Jame ns Id, Vice Chairperso TTEST: < < ,I /VO #e euv4c,-- Z- LZv C) �l Date S ni a ner un D oord. OA-120-09 (Subdivision Ordinance) Page 5 of 5 RECOMMENDATION SIGN UP SHEET Please print the following required information and in the appropriate box check whether you wish to speak or do not wish to speak. CASE NAME: CASE NUMBER: p�_- �- o �( IN FAVOR NEUTRAL IN OPPOSITION ❑speak ❑ Do not speak ❑speak ❑ Do not speak ❑Speak ❑ Do not speak Print Name Print Name Print Name Print Address Print Address Print Address City State, Zip City State, Zip City State, Zip ❑speak ❑ Do not speak ❑speak ❑ Do not speak ❑speak ❑ Do not speak Print Name Print Name Print Name Print Address Print Address Print Address City State, Zip City State, Zip City State, Zip ❑speak ❑ Do not speak ❑speak ❑ Do not speak ❑speak ❑ Do not speak Print Name Print Name Print Name Print Address Print Address Print Address City State, Zip City State, Zip City State, Zip PZ- 3 r CALDWELL PLANNING AND ZONING COMMISSION lu•1hUlllloky October 13, 2009 1. Call to Order— Acting Chairperson Runsvold called the meeting to order for the public hearing at 7:04 p.m. I1. Roll Call — Members Present: Vincent Sanchez, .lames Runsvold, Gene Shaffer, and Betty Tollman Disclosures: None Members Absent: Mike.lakobson Staff Present: Anne Marie Skinner (Senior Planner/Community Development Coordina(or), Brent Orton (Assistant City Engineer), Brian Billingsley (Planning and Zoning Director), April Cabello (Planning Technician) Review of Proceeding— Vice -Chairperson Runsvold announced the procedures for the public hearing. I11. OLD BUSINESS A. Approve minutes of August]], 2009 meeting assigned by Vice -Chairperson Runsvold on August 24, 2009 and approve minutes of September 14, 2009 Special Meeting as signed by Vice- Chairperson Runsvold on September 24, 2009. MOTION: Commissioner Sanchez SECOND: Commissioner Shaffer. 1V. NEW BUSINESS A. Case Number ZON-66-09 a request by Darrel Deide and David Wood for a rezone of 12.53 acres from M-1 Light 'Industrial to C-3 Service Commercial and a comprehensive plan map change from Light Industrial to Commercial. A portion of the property is I 0L, )__ r r located at the northwest corner of the intersection of Chicago Street and 2 1 " Avenue and a portion of the property is located on the east side of Chicago Street approximately 145 feet south of the intersection of Chicago Street and 2151 Avenue. Testimony: 1) Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented the staff report and submitted an aerial map of the site labeled as PZ- 1000 and Engineering comments labeled as PA-5. 2) Chaney Stotts, applicant's representative, signed in favor of the application and provided supporting testimony. 3) Commissioner Sanchez asked Mr. Stotts if there has been any offer on the property. 4) Mr. Stotts replied that no offers have been made and believes the owner is preparing for future marketability. MOTION TO CLOSE TESTIMONY: Commissioner Sanchez SECOND: Commissioner Tollman Passed: Unanimous roll call vote. Comprehensive Plan Analysis ZON-66-09 —Accepted MOTION: Commissioner Shaffer SECOND: Commissioner Tollman Passed: Unanimous roll call vote. Findings of Fact on Case Number ZON-66-09 — Accepted MOTION: Commissioner Sanchez SECOND: Commissioner Tollman Passed: Unanimous roll tali vote. Conclusions of Law on Case No. ZON-66-09 The conclusions of law were read and accepted. MOTION: Commissioner Sanchez SECOND: Commissioner Shaffer Passed: Unanimous roll call vote. Recommendation on Case No. ZON-66-09 - MOTION: Commissioner Tollman SECOND: Commissioner Shaffer Approved with conditions 8.2 through 8.3 with the following addition: • Add 8.4 — development of the parcels shall adhere to Engineering requirements as outlined in exhibit PA-5. B. Case Number OA-120-09 a request by the Planning and Zoning Department and the Engineering Department to amend Chapter I of Caldwell City Code which is the Subdivision Ordinance. Testimony: 1) Anne Marie Skinner, Senior Planner?Community Development Coordinator, presented the staff report. 2 r r MOTION TO CLOSE TESTIMONY: Commissioner Tollman SECOND: Commissioner Sanchez Passed: Unanimous roll call vote. Comprehensive Plan Analysis OA-120-09 — Accepted MOTION: Commissioner Tollman SECOND: Commissioner Sanchez Passed: Unanimous roll call vote. Recommendation on Case No. OA-120-09 - MOTION: Commissioner Sanchez SECOND: Commissioner Tollman. The Commission voted unanimously to recommend Approval with the following conditions: Add definition for sewer and water mainlines. Requested exceptions must be specified in the application to be acted upon with a recommendation from the Planning and Zoning Commission and decision by City Council. C. Case Number OA-119-09 a request by the Planning and Zoning Department to amend the City of Caldwell Comprehensive Plan and the City of Caldwell Comprehensive Plan Map. Testimony: 1) Brian Billingsley, Planning & Zoning Director, presented the staff report. 2) The Commissioners discussed the changes with Mr. Billingsley. 3) Mr. Billingsley stated that he would like the case to be continued to the next Planning and Zoning hearing to allow the Commission more time to review the plan. 4) The Commissioners stated they agree to have the case continued. MOTION TO CONTINUE TESTIMONY: Commissioner Shaffer SECOND: Commissioner Sanchez Passed: Unanimous roll call vote. V. Planning Issues None V1. Adjournment Adjourn public hearing; MOTION: Commissioner Tollman SI.COND: Commissioner San:•hei Passed: UnillllmollS roll call vote. 3'he meeting was ac.joumed at approximately 9:00 pm_ 3 J (06" r MINUTES APPROVED AND SIGNED BY ACTING CHAIRPERSON JAMES RUNSVOLD ON TH ATE N ED BELOW: James Runsvold Date ATI'EST: C .. . a TIV T•em,are of the Valley Caldwell Planning & Zoning Commission agenda for Public Hearing on Tuesday, October 13, 2009 at 7:00 p.m., in the Community Room, Caldwell Police Department, 110 South 5th Avenue, Caldwell, Idaho. AGENDA I. Call to Order II. Review of Proceedings III. Old Business A. Approve Minutes of August 11, 2009 meeting as signed by Acting Chairperson Runsvold on August 24, 2009. Approve Minutes of Special Meeting of September 14, 2009 as signed by Acting Chairperson Runsvold on September 24, 2009. IV. New Business A. Case Number ZON-66-09 a request by Darrel Deide and David Wood for a rezone of 12.53 acres from M-1 Light Industrial to C-3 Service Commercial and a comprehensive plan map change from Light Industrial to Commercial. A portion of the property is located at the northwest corner of the intersection of Chicago Street and 21 st Avenue and a portion of the property is located on the east side of Chicago Street approximately 145 feet south of the intersection of Chicago Street and 21 st Avenue. B. Case Number OA-120-09 a request by the Planning and Zoning Department and the Engineering Department to amend Chapter 11 of Caldwell City Code which is the Subdivision Ordinance. C. Case Number OA-119-09 a request by the Planning and Zoning Department to amend the City of Caldwell Comprehensive Plan and the City of Caldwell Comprehensive Plan Map. V. Planning and Zoning Issues. ...r.r VI. Next Planning & Zoning Commission Scheduled Public Meeting Date: December 8, 2009 VII. Adjourn US100BE Q,6SER,,41 AMERI& ® IAFE fSIlll51 City Hall • 411 Blaine St. • P.O. Box 1179 9 Caldwell, Idaho 83606 • (208) 455 3000 • FAX: (208) 455 3003 • w w w . C i t y o f c TlT l,10 m