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HomeMy WebLinkAboutPlanning & Zoning - Hearing ExaminerPLANNING AND ZONINGIHEARING EXAMINER ITEM DATE SUBMITTED BY PZ- I AGENDA PZ-2 MINUTES PZ-3 SIGN-UP SHEET(S)10 PZ-cA PZ- RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION CITY OF CALDWELL, IDAHO PUBLIC HEARING HELD AUGUST 13, 2013 SUBJECT: Case No. OA-154-13 (Annual Zoning Ordinance Update) 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-154-13, to be held before the Caldwell Planning and Zoning Commission on August 13, 2013. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been met. On July 28, 2013 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 July 26, 2013. 1.2 On August 13, 2013, the Planning & Zoning Commission voted to recommend approval of the ordinance amendment with modifications to the land use table for payday loan establishments. 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 GENERAL FACTS 2.1 APPLICANT: Planning and Zoning Department, 621 Cleveland Blvd., Caldwell, ID 83605. 2.2 REQUEST: This is a proposal from the City of Caldwell's Planning and Zoning Department to amend portions of Chapter 10 of City Code. 2.3 TEXT CHANGE CONSIDERATIONS: See draft ordinance. OA-154-13 (Annual Zoning Ordinance Update) Page i of 4 Planning and Zoning Commission Recommendation `i 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, AUGUST 13, 2013 4.1 Brian Billingsley, 621 Cleveland Blvd., Caldwell, ID 83605, Planning Director, presented the staff report as written and presented the proposed amended ordinance language. 4.2 Discussion was held amongst the commissioners and staff regarding Home Occupations section 10-02-09(7) confirming the only changes being made is to allow scheduled or unscheduled inspections. 4.3 Discussion was held amongst the commissioner and staff regarding the Table 1 Land Use Schedule section 10-02-02 and Land Use Schedule for Mixed Use District 10-13-03 confirming the attempt is to only allow Payday Loan/Title Loan/Quick Loan Establishments to be in industrial zones. 4.4 Ken Scholz, 2411 Carnegie Street, Caldwell, ID 83607, spoke in favor of the amendment to section 10-02-02 Land Use Schedule limiting Payday Loan/Title Loan/Quick Loan Establishments to M-1 and I-P zones. Mr. Scholz gave his testimony why the listed types of businesses should not be allowed. 4.5 John Diaz, 820 Arthur, Caldwell, ID 83605, spoke in opposition of the amendment to section 10-02-02 Land Use Schedule limiting Payday Loan/Title Loan/Quick Loan Establishments to M-1 and I-P zones. Mr. Diaz expressed his concern of Big Brother taking control. Many of his customers are police officers, bankers, city workers; people who work in the court system and would take great offense. He does not see how changing the allowed zones help anything. 4.6 James Wylie, 1676 N. Clarendon Way, Eagle, ID 83616, spoke in opposition of the amendment to section 10-02-02 Land Use Schedule limiting Payday Loan/Title Loan/Quick Loan Establishments to M-1 and I-P zones. Mr. Wylie expressed his concern because he owns property all over the area and three properties are in Caldwell. He has found that Payday Loan tenants are much cleaner and professional and he would much rather have a Payday Loan in his buildings than a restaurant because they are cleaner and a lot less turn over. The biggest problem is the City is trying to deter business from coming to Caldwell and as a building owner that is very discouraging. You cannot legislate everything; people have to take personal responsibility for their own decisions. 4.7 Mr. Billingsley gave rebuttal testimony with regards to the opposition of section 10-02-02 Land Use Schedule limiting Payday Loan/Title Loan/Quick Loan Establishments. Mr. Billingsley explained the commission has three options. First option is the commission can approve the ordinance as presented; the second option is the commission can make changes to the land use table and add Payday Loan/Title Loan/Quick Loan Establishments as a special use or permitted use in other zones. Mr. Billingsley recommended the commission do not permit Payday Loan/Title Loan/Quick Loan Establishments at all in any of the residential zones, also does not recommend allowing it in C-1 or C-4, heavy industrial zones, airport district, college district, nor in the hospital district. Mr. Billingsley recommend if the commission wants to make changes to the ordinance, the commission could make a recommendation to make Payday OA-154-13 (Annual Zoning Ordinance Update) Page 2 of 4 Planning and Zoning Commission Recommendation Loan/Title Loan/Quick Loan Establishments a permitted or special use in C-2 or C-3 zones. The third option is to throw out the ordinance amendment and recommend no changes at all. 4.8 Discussion was held amongst the commissioners and staff regarding areas of zoning and examples of zoning areas where pawnshops and payday loans would be allowed. 4.9 Discussion was held amongst the commissioners to decide the best zones for pawnshops and payday loans. 4.10 Public testimony was closed. V COMPREHENSIVE PLAN ANALYSIS The Caldwell 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 Richts - 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. 5.1.3 Land Use — GOAL I: 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. 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. OA-154-13 (Annual Zoning Ordinance Update) Page 3 of 4 Planning and Zoning Commission Recommendation e 5.1.4 Hazardous Areas — OBJECTIVE A: To lessen the threat of harm to people and damage to property. 5.1.5 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-154-13, a request by the City of Caldwell Planning and Zoning Department to amend and update Chapter 10, the zoning ordinance, of Caldwell City Code be approved with the following change: 6.2 Payday Loan/Title Loan/Quick Loan Establishments should be permitted outright in zones C-2 and C-3. CASE NUMBER OA-154-13 WAS HEARD BY THE CALDWELL PLANNING & ZONING COMMISSION AT A PUBLIC HEARING HELD AUGUST 13, 2013. THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION WERE ADMINISTRATIVELY APPROVED AND SIGNED BY THE CALDWELL PLANNING AND ZONING COMMISSION CHAIRMAN ON THE DATE NOTED BELOW. r ,.1 4 f OA-154-13 (Annual Zoning Ordinance Update) Planning and Zoning Commission Recommendation ATTEST: Brian K. Billingsley, AICP, P&Z Director Page 4 of 4 r 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: Annual Zoning Ordinance Update 8-13-2013 CASE NUMBER: OA-154-13 IN FAVOR %s4peak ❑ Do not speak Vint Name �z< (f Prin Ad re s 7f1 0-1 City State, Zip ❑speak ❑ Do not speak ZEKLZ Print Name Print Address City State, Zip eak Do t s ak 666666��� .777777 / Print Name Print Ad ress h City State, Zip NEUTRAL ❑speak ❑ Do not speak Print Name Print Address City State, Zip IN OPPOSITION XsPeak ❑ Do not speak Print Name Print Ad ess City State, Zip ❑speak ❑ Do not speak 6speak ❑ Do not speak Print Name Print Name ti lo2G 1), 6- low Print Address Print Address z 3 LIto City State, Zip City State, Zip ❑speak ❑ Do not speak ❑speak ❑ Do not speak Print Name Print Name Print Address Print Address City State, Zip City State, Zip r, CALrELL PLANNING AND "Z.ONI,NG CO.I3IISSIOv �11\UT1;5 %ugust 13, 2013 Call to Order -Chairperson Doty-Puinortnsk) ed led the meeting to order for the public: hearing at T00 p m. II. Roll Call Members Present: Dana Vance, Arvid Snlisbury, Kenneth Scholz, Roger Page, Ed Doty-Pomoransky Disclosures and Conflicts of Interest: Ken Scholy as a rebident of Aspens Sub. for Case No. SUB-0.4(P)-l3 .- ZON- ,"-13 and as a complainant of Payday Loan; to the klayor prompting change to the Planning & Zoning Ordinance OA- 1?a-13. Members Absent: None Staff Present: lard n Wagoner (Senior Planner Development Team Leader): April Cabello (Planning Technician); Robb MacDonald (Assistant City Engineer); Brian Billingsley (Planning and Zoning Director) Staff Absent: None Reviei� of Proceeding — Chairperson Doty- Pot oransky amnounced the procedures for the public hrarinst Ill. Old Business A. Approve minutes of June 11, 2013 regular meeting. MOTION: Commissioner Salisbury SECOND: Commissioner Scholz Passed: Unanimous roll call vote. IV. New Business A. Case Number ZON-91-131 SUP-361-13, a request by Yasuda Brothers, LLC and Dillon Caldwell, LK for u comprehensive plan map change from Commercial to Industrial, a rezone from C-3 Service Commercial to N1-1 Light Industrial and special use pcmiii approval to expand an automotive wrecking salvage yard (Pick -a Part. Jalopy Jungle) on to a 2.9 acre parcel located at the 6219 Cleveland Blvd. Testimony I ) Brian Billingsley, 621 Cleveland Blvd., Caldwell, ID 83605, Planning Director, presented the staff report as written and submitted an aerial photo of the site labeled Exhibit PZ-1000. He further reported that the applicant is requesting to rezone the subject property to M-1 Light Industrial, which is suitable for the manufacturing, processing, assembling, packaging or fabricating of previously prepared materials; research and development activities; and warehousing- The proposed use is allowed under the zoning ordinance with special use permit approval. Public Agencies were notified with no response, landscaping is not required until the frontage is developed, no new parking is required and sir foot high, solid fencing will be required. Staff recommends approval of the special use and rezone with the conditions as outlined in the staff report, P&Z Minutes 8/ 13/2013 2) Ed S-i, 2568 W. Timber Dr., Eagle, ID 83616, Applicant :esentative, testified in favor of the request. He expressed the applicants desire to expand the existing business and is in agreement with the conditions outlined in the staff report. 3) Commissioner Scholz expressed his concern for a more conducive environment for business and residents of the community. 4) Mr. Billingsley directed the commissioners to page 3 of the staff report explaining the condition for a privacy fence to block the view and with that condition in place he would recommend approval. 5) Public testimony was closed. MOTION TO CLOSE TESTiMONY: Commissioner Vance SECOND: Commissioner Salisbury Passed: Unanimous roll call vote. Evidence List for Case Number ZON-91-13 & SUP-361-13 - Consisted of the case file; written and verbal staff report: PZ-1000 (aerial of site from Brian Billingsley). MOTION: Commissioner Vance SECOND: Commissioner Page Passed: Unanimous roll call vote. Comprehensive Plan Analysis for Case Yu tuber ZON-91-13 - MOTION: Commissioner Vance SECOND: Commissioner Page Passed: Split roll call vote. Those voting yes: Doty- Pomoransky, Page, Salisbury, and Vance. Those voting no: Scholz. Findings of Fact for Case Number ZON-91-13 -MOTION: Commissioner Vance SECOND: Commissioner Page Passed: Split roll call vote. Those voting, yes: Doty-Pomoransky, Page, Salisbury, and Vance. Those votin: no: Scholz. Conclusions of Law for Case Number ZON-91-13 - MOTION: Commissioner Salisbury SECOND: Commissioner Vance Passed: Split roll call vote. Thosc voting ves: Duty-Pomoransky. Pagc, Salisbury, and Vance:. Those voting no: Scholz. Recommendation for Case Number ZON-91-13 - MOTION: Commissioner Page SECOND: Commissioner Vance. Recommendation for Approval Passed: Split roll call vote. Those voting yes: Doty-Pomoransky, Page, Salishury, and Vance. Those voting nw Scholz. Comprehensive Plan Analysis for Case Number SUP-361-13 - MOTION: Commissioner Page SECOND: Commissioner Vance Passed: Split roll call vote. Those votin+, yes: Duty- Pomoransky, Page, Salisbury, and Vance. Those voting no: Scholz. Findings of Fact for Case Number SUP-361-13 -.MOTION: Commissioner Page SECOND: Commissioner Vance Passed: Split roll call vote. Those voting yes: Doty- Pomoransky, Page, Salisbury, and Vance. Those votins no. Sc11014, Conclusions of Law for Case ~umber SUP-361-13 -MOTION: Commissioner Salisbury SECOND: Commi;sioner Vance Passed: Split roll call vote. Thosc voting yes: Doty-Pomoransky. Pugs. Salisbury, and Vance. Those voting no: Scholz. Order of Decision for Case Number SUP-361-13 - MOTION: Commissioner Vance SECOND: Commission' Page. Recommendation for Approval Passed with conditions 12.2 - 12.12: Split roll call vote. Those voting yes: Doty- Pomoran;hy, Page, Salisbury. and Vance. Those voting no: Schulz. B. Case Number SUB-03(P)-13 a request by JRL Properties and Kent Brown for preliminary plat approval of Crown Point Subdivision consisting of 5 commercial lots in a C-4 Freeway Commercial zone located on the east side of Aviation Way approximately 1,200 feet south of Franklin Road. Testimony: 1) Brian Billingsley, 621 Cleveland Blvd., Caldwell, ID 83605, Planning Director, presented the staff report as written and submitted an aerial photo of the site labeled Exhibit PZ-1000. He further reported that the subject property is zoned C-4 Interchange Commercial with a commercial designation on the Comprehensive Plan Map and is currently in agricultural use. The preliminary plat calls for five commercial lots ranging in size from 52,193 square feet (1.20 acre) to 69,409 square feet (1.59 acre). There are no common lots. Public Agencies were notified and the only agency to respond was 1TD and expressed no issues at this time. Landscaping will be required when the development occurs on each lot and a 15ft wide landscaping buffer will be required on Aviation and Skyway. Staff recommends approval with conditions as outlined in the staff report. 2 P&Z Minutes 81l3/20L3 rl 2) Kent Brown, 3161 Springwood, Meridian, ID 83642, Applicant's representative, testified in favor of the application and stated that the applicant agrees with the conditions outlined in the staff report. 3) Public testimony was closed. \IOTIO.N TO CLOSE IESTIMONY: Commissioner Vance SECOND: Commissioner Scholz Passed: 1nanimous rol call vote. E%idence List for SUB-03(P)-13 - Consisted of the case file, written and vcrb;tl staff report; PZ-=011(Y (aerial photo from Brian Billin;sley)-MOTION: Commissioner Doty- Poi oransky SECOND: Commissioner Vance Passed: Unanimous roil call vote_ Comprehensive Plan Analysis for Case Number SUB-03(P)-13 — MOTION: Commissioner Vance SECOND. Commissioner Page Passed: Unanimous roll call vote. Findings of Fact for Case .Number SUB-03(P)-13 - 410TION: Commissioner Page SECOND. Commissioner Salisbury Passed: Unanimous roll call vote. Conclusions of Lan for Case :Number SUB-03(P)-13 — MOTION: Commissioner Vance SECOND - Commissioner Page Passed: Unanimous roll call vote Recommendation for Case Number SUB-03(P)-13 — MOTION: Comrni,�ioncr Page SECOND: Conimi.sioner Salisbury Recommendation for Appro%al Passed with conditions 8.2 8.9.: Unanimous roll call vote. C. Case Number SUB-04(P)-13 / ZON-88-13 a request by Corey Barton, Trilogy Development, and Scott Noriyuki for a rezone of approximately 17.10 acres from R-1 Low Density Residential to R-2 Medium Density Residential and preliminary plat approval of Aspens Subdivision No. 5 located at the northwest comer of Homedale Road and Florida Avenue. Testimony: Brian Billingsley, 621 Cleveland Blvd., Caldwell, ID 83605, Planning Director, presented the staff report as written and submitted an aerial photo of the site labeled Exhibit PZ-1000. He reported that the ownenapplicart developer and engineer are requesting a rezone from R-I Low Density Residential to R-2 Medium Density Residential to complete Aspens Subdivision with 6,000+ square foot lots, the request to R-2 is precipitated by a change in lot size requirements in 2008. Also requested is a Comprehensive Plan Map amendment from low -density residential and commercial to medium -density residential. Simultaneously being requested is preliminary plat approval of Aspens Subdivision N5 consisting of62 single-family residential lots and five (5) common lots on approximately 17.10 acres. The subdivision will be completed in two phases of 31 lots each. He further reported that as a condition of approval, item # 8.3 would not allow any duplex or triplex without special use approval. Public Agencies were notified and the only agency to respond was Fire Marshal Andy Cater who responded that he has reviewed and approved the preliminary plat. Landscaping will be required and a detailed landscaping plan was submitted with the application. Staff recommends approval with conditions as outlined in the staff report. 2) Commissioner Vance asked staff if duplexes were allowed in the first phases. Mr. Billingsley responded that no duplexes were built in the first phase and duplexes would require a special use in the R-1 zone. 3) Chairman Doty-Pomoransky asked staff about open space in the original phases. Mr. Billingsley responded no real open space. When the original subdivision was approved the rules did not have landscape/open space requirements like those that you see today. In the new phase, there will be a landscape buffer along Florida and Homedale and 6% usable open space. 4) Scott Noriyuki, 6810 Fairhill Place, Boise, ID 83714, Applicant's representative, testified in favor of the application and stated that the applicant agrees with the conditions outline in the staff report. The applicant wants to complete the final phase now that the market is starting to recoup. The phase being heard tonight is consistent and has a few less houses based on the original approval and requesting R-2 zoning to complete the project like originally planned. Code has changed substantially for open space and in the final phase the open space will be substantial with a centralized park containing a tot lot. Mr. Noriyuki further stated that there might be some discussion tonight from some of the neighbors with concerns of traffic at the intersection but this phase was contemplated when it was originally annexed into the City. 3 P&Z Minutes 8/ 13/2013 Furt . nnore, wit'n this please they will be convey ins, a -I -hi ropriate right-of-way as well as the improvements to the primary roads as wel I as landscape buffers. 5) Commissioner Salisbury asked the applicant to explain the improvement to the primary road. Mr. Noriyuki responded they will be improving the width as well as the striping and everything required for the traffic patterns. 6) Kathryn Cook, 5623 S. Florida Avenue, Caldwell, ID 83606, spoke in neutral of the development. She focused her concerns and comments on traffic. She stated that this area is already an extremely compacted, congested, traffic area with two nearby schools, Southwest District Health and HWY 55. She further expressed concern for the current agricultura: zone next to the proposed subdivision. 7) Commissioner Vance asked Ms. Cook if she attended the neighborhood meeting. Ms. Cook responded no she did not attend the meeting because it was the hottest day of the year and she was ill. 8) Commissioner Salisbury asked Ms. Cook if she had any suggestions for traffic control. In response to Commissioner Salisbury, Ms. Cook replied she would like a turn lane. 9) Chairman Doty-Pomoransky confirmed with Ms. Cook that she signed in as neutral and is not against the final phase of the subdivision. Ms. Cook responded she is not against it but is concerned about the traffic. 10) Robb MacDonald, 621 Cleveland Blvd., Caldwell, ID 83605, City Engineer, addressed for clarification that there will be roadway widening which should allow enough room for a turn lane coming down Florida turning onto Homedale. Over the last three month the traffic has been excessive and this because that's part of the detour route for the project at Indiana and Ustick intersection. The completion of the project will be soon and should alleviate a lot of the congestion. 11) Ken Scholz, 2411 Carnegie Street, Caldwell, ID 83607, spoke in neutral of the development. He expressed his concern for the safety of the children. In the current phases children are forced to play in the street because there is nowhere for the children to play. He further expressed that he would like more than a tot -lot, something that includes swings, pool and soccer fields. Somewhere for the children to congregate and not get ran over by a car. 12) Michael Aldrich, 2520 McLaughlin Drive, Caldwell, [D 83607, spoke in opposition of the development. He wondered if the zoning R-2 meant apartments. If apartments, duplex or triplex are allowed then you are inviting in rentals instead of residential which increases the population and crime rate. It concerns him a great deal. He also expressed his concern with traffic and recommended large speed bumps to stop the speeding cars. He objects extremely for these reasons. 13) Mr. Billingsley answered Mr. Aldrich question that in an R-2 zone, apartment complexes are not permitted. R-2 zoning is for single-family development, duplexes and triplexes but for this development, there is a condition of approval not allowing duplexes or triplexes unless the property owner receives a special use permit. Mr. Billingsley suggested that Mr. Aldrich contact the Traffic Commission about the question on speed bumps. 14) Mr. Noriyuki provided rebuttal comments concerning testimony given. In response to the first speaker Kathryn Cook, with respect to access point, they will be utilizing the existing access point designed to handle that. Also through this project, they are conveying addition right-of-way, widening the road and restriping it per the highway department's requirement. That will provide turn lanes that will further mitigate and ease up what is happening at this intersection. Also in response to building closer to farms, he pointed out that the Caldwell Comprehensive Plan calls out all the area surrounding the development to be residential. This is just a transitional point from a city as it slowly moves outward. In response to the second speaker Ken Scholz, Mr. Noriyuki stated he was very pleased with his comments because they have provided everything that he is requesting. Mr. Noriyuki agreed that the prior open space requirements per the city code did have a lot of substandard open space. A tot -lot will be located on a centralized 22,000 sq ft common lot that equals about four residential lots combined which is the heart in the primary open space. There will be usable, practical green space for kids to throw a ball, soccer practice and pathways. 4 P&Z Minutes 8/ 13/2013 r, In response to the third speaker Michael Aldrich, with concerns about apartments, fourplexes and duplexes. The developer has no desire to build any of those and will build out the project with single-family, detached, owner occupied homes with no aspiration to build apartments, fourplex, duplex, triplex or townhomes. In answer to the traffic, they are gaining an access on Wallace Way and the traffic will go out the entrance off WaMsce then up Florida. The developer would be happy to install speed bumps if the city will approve them. 15) Chairman Doty-Pomoransky asked Mr- Noriyuki to point out on the map with the laser where this park will be located within the subdivision and wondered how the existing residents will get to the park. Mr. Noriyuki responded they could drive, ride a bike or walk. 16) Chairman Doty•Pomoransky asked if there would be parking. Mr. Noriyuki replied parking would be on the street. 17) Commissioner Salisbury confirmed with Mr. Noriyuki the size of the open space. 18) Chairman Doty•Pomoransky confirmed with Mr. Noriyuki the park would have a playground, walking paths, landscaping and open green space for open play. 19) Commissioner Vance asked staff if the 6% open space was based on the total 17.1 acres and confirmed it would require the open space to be a little over an acre. Mr. Billingsley confirmed. 20) Chairman Doty-Pomoransky wondered about other open space. Mr. Billingsley stated that lots 7, 16, 35 of block 8 and lot 56 of block I I are green space f common areas. 21) Commissioner Salisbury pointed out that the lots on the cul-de-sac are bigger and the rest of the lots are the same in size. Mr. Noriyuki responded the applicant is trying to keep the same size as the original plat or slightly bigger. 22) Chairman Doty-Pomoransky confirmed with staff that condition 12.7 would require the applicant to submit a revised plan when lot lines change. Mr. Billingsley confirmed. 23) Commissioner Page wondered if this subdivision was to remain R-i would that halt the plans. Mr. Noriyuki stated it would kill the project. MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Page Passed: Unanimous roll call vote. Evidence List for Case Number SUB-04(P)-13 & ZON-88-13 - Consisted of the case tile, written and verbal staffreporr, PZ-1000 werial of site from Brian Billingsley). MOTION: Commissioner Vance SECOND: Commissioner Page Passed: Unanimous roll cal' vote. Comprehensive Plan Analysis for Case Number SUB-04(P)-13 -NIOTION: Commissioner Vance SECOND: Continiksioner Paoe Passed: Unanimous roll call vote. Findings of Fact for Case Number SUB-04(P)-13 —MOTION: Commissioner Salisbury SECOND - Commissioner Pagc Passed: Unanimous roll call vote. Conclusions of Law for Case dumber SUB-04(P)-13 - NIOTION- Commissioner Page SECOND - Commissioner Salisbury Passed: Unanimous roll call %otc. Recommendation for Case Number SUB-04(P)-13 :MOTION: Commissioner Vance SECOND: Commissioner Salisbury. Recommendation for Approval Passed with condition 12.2 - 12.1 L Split roll call rote. Those voting yes. Doty- Pomoransky. Salisbury, and Vance. Those voting no: P,i_ac- Comprehensive Plan Analysis for Case Number ZON-88-13 - MOTION: Commissioner Vallee SECOND: Coni-missioner Page Passed: Unanimous roll call vote. Findings of Fact for Case Number ZON-8843 -.MOTION. Commissioner Vance SECOND - Commissioner Salisbury Passed: Unanimous roil call vote. Conclusions of Law for Case Number ZON-88-13 - MOTION: Commissioner Sai,ishury SECOND: Commissioner Page Passed: Unanimous roll call vote. Recommendation for Case Number ZON-88-13 -MOTION: Commissioner Vance SECOND: Commissioner Salisbury. Recommendation for Approval Passed with conditions 8.2 - 8.3- Split roll call rote. Those votin; yc,: Duty-Pomoransky, Salisbury, and Vance. Those voting no: Page. P&Z Minutes 8/13/2013 1). Case `umber S U B-05(P)- 13 1 ZON-89-13 a request by Corey Barton, Trilogy Development, and Scott Noriyuki for a rezone of approximately 19.42 acres from R-1 Low Density Residential to R-2 Medium Density Residential and prcliwinar,, plat approval of Quail Ridge Subdivision Phase 2 lacated approximately 577 feet north of Karcher Road dnd approximately 376 cast of Montana Avenue. Testimony: 1 } larom Wagoner, 621 Cleveland Blvd., Caldwell, Senior Planner/Development Team Leader, presented the staff report as written and submitted an aerial photo of the site labeled Exhibit PZ- 1000. He further reported that the owner/applicant/developer and engineer are requesting a rezone from R-1 Low Density Residential to R-2 Medium Density Residential to complete Quail Ridge Subdivision with 6,000+ square foot lots, the request to rezone to R-2 is precipitated by a change in lot size requirements in 2008. Asa condition of approval if requested a duplex or triplex would not be a permitted use but will require special use permit approval. Also requested is a Comprehensive Plan Map amendment from low -density residential to medium -density residential. Simultaneously being requested is preliminary plat approval of Quail Ridge Subdivision consisting of 63 single-family residential lots and four (4) common lots on approximately 19.42 acres. The subdivision will be completed in two phases of 31 lots and 32 lots each. As a part of the request the existing recorded development agreement, referred to as the Quail Ridge Development Agreement, will need to be amended. Public Agencies were notified and the only agency to respond was Public Fire Marshall Andy Cater responded that he has reviewed and approved the preliminary plat. His comments are included in the case file as Exhibit PA-1. Landscaping will be required as per Section 10-07-02(l) of City Code, landscaping is required for this project. Staff recommends approval with conditions as outlined in the staff report specifically 8.3 would not allow any duplex or triplex without special use approval. 2) Commissioner Scholz stated his concern for the consistency of lot size, single level, two level, and the square footage between homes in the first phase and the final phases. Mr. Wagoner informed Commissioner Scholz that Planning and Zoning looks at consistency of the land use. That would be the square footage of the lots, type of uses that are allowed, make sure they are consistent with what was previously approved and that is why there is a condition of a special use to build a duplex or triplex. Design standard is not built into City Code that would be getting outside the prevue of what to look at and what to require. The City does not have the authority because it is not in the City Code to restrict in that regard. The City can only enforce single family and may build one or two story homes. What they build is up to the developer, 3) Mr. Billingsley stated that Home Owner Association handles design standards through CC&R's. 4) Commissioner Page confinned with staff that the applicant is trying to complete what was already started but with the stipulations. Mr. Wagoner confirmed. 5) Scott Noriyuki, 6810 Fairhill Place, Boise, ID 83714, Applicant's representative, testified in favor of the application and stated this application is very similar to the previous case. He stated that he reviewed and agrees with the conditions as outline in the staff report. The project is within conformance, the application is requesting to rezone to the R-2 for consistency purposes, and will have higher quality landscaping and common/open space. The City and neighbors are realizing this is a higher quality project andjust because costs are tight does not mean they will compromise quality. Mr. Noriyuki further explained that it would not be good business if they built cheaper lower quality homes that would affect their comps and hurt the profitability. 6) Commissioner Scholz wondered about the product mix and square footage for the existing subdivision. Mr. Noriyuki responded that he gets hesitant about attributing value and quality to square footage or price point. I do not like to consider a lot size as an indicator of quality. 7) Commissioner Scholz again expressed his concern about product mix and wanting to protect the community. Mr. Noriyuki again stated the quality of product, structures, materials, architecture and color blends are going to be consistent. 8) Chairman Doty-Pomoransky confirmed this project is a single developer. Mr. Noriyuki confirmed. 9) Robert Vertrees, 2320 Sunset Avenue, Caldwell, ID 83607, signed in neutral of the development but did not wish to speak. 1 P&Z Minutes 8i 11`2013 10) Les Hamle .325 Moreno Drive, Caldwell, ID 83607, spoke in Clsition of the development. He shared that his wife and him were retired and moved to Caldwell from Alaska. One of the things that drew them to this subdivision was the size of the lots. He expressed his concern about the lot size, quality and traffic. 1 1) Commissioner Vance asked Mr. Hamley if he attended the neighborhood meeting- Mr. Hamley responded that he was in the hospital and missed the meeting. 12) Chairman Doty-Pomoransky called for a short recess at approximately 8.54 p.m. The meeting was reconvened at approximately 9:00 p.m. 13) Tom Mossi, 14288 Moreno Drive, Caldwell, ID 83605, spoke in opposition of the development. He expressed his concern for consistency of the community and thanked commissioner Scholz for his earlier comments. He stated that most people were drawn to this subdivision including himself because the subdivision had a little bit higher quality home, little more space, less compact with less homes in the subdivision. He also expressed concern about the rezone from R- I to R-2. 14) Commissioner Vance asked Mr. Mossi if based on the testimony of the applicant do you feel satisfied that this next phase would be as nice as what is in the existing phase. Mr. Mossi responded that the applicant seems to say that it will stay consistent. 15) Brent Gunnell, 16331 Lewers Way, Caldwell, ID 83607, spoke in opposition of the development. He stated he lives on a large lot with a 3,300 square foot home and the average home size on the street would be around 2,500 square feet. They were told when they purchased their homes this is not your basic Corey Barton Subdivision but a step up subdivision and changing the zoning to medium density is not a continuation of what is in Quail Ridge Subdivision # 1. 16) Commission Salisbury asked Mr. Gunnell if he would be upset if they built 1,600 square foot homes next to his 3,300 square home. Mr. Gunnell responded that it has already happened to him and a 1,600 square foot home was built next door. 17) Commissioner Salisbury expressed his understanding for the opposition but also explained that if the application meets the criteria it's not impossible but is difficult to turn applications down when they meet all the criteria. 18) Mr. Noriyuki provided rebuttal comments concerning testimony given. Once again, Mr. Noriyuki stated he would go through all the questions and concerns systematically. Once again, we are down to concerns about lot sizes, square footage and quality. He has heard a couple of the neighbors state their lots are x amount of square footage whether it be 14,000 or 16,000 square feet and wants to point out that several lots that are up in the 10,000 - 11,000 — 12,000 plus square feet and some on the interior blocks that are smaller. That is by no means pushing up the density from what was originally approved, if anything, they are losing a couple of lots because they are falling into current open space criteria. Back to quality, lot and building sales are up and they want to keep those values where they are, the demand is up and the demand is set at the very high price point. He wanted to reiterate product, project consistency, phase 1 is complete, and with phase 2 they are completing the original overall vision. Landscaping, fencing and lots will be consistent. It is all going to be consistent. 19) Commissioner Page recapped and clarified that consistency is the main reason that this issue is in front of the commission. Because the City has changed the zoning ordinance within the time period from phase one approval to now, the applicant is desiring consistency and that is why they are asking to rezone because the City has changed the codes. Mr. Noriyuki confirmed. MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Page Passed: Unanimou; roll call vote. E►idence List for Case `umber SUB-05(P)-13 & ZON-89-13 - Con .fisted of the case tile; written -ird %erhal ;toff report; PZ-1000 (aerial ofsite from Jarom Wagoner). MOTION: Commissioner Vance SECOND: Commissioner Scho',/ Passed: Unanimous roll cal" %Ole. Comprehensi,se Plan Analysis for Case dumber SUB-05(P)-13 -- %lOT'ION: Commissioner Vance SECOND: Commissioner Page Passed: Unanimous roll call vote. 7 P&Z Minutes 8/ 13/2013 Findings of Facr.or Case Number SUB-05(P)-13 - MOTION: Conk- oner Scholz SECOND - Commissioner Page Passed: Unanimous roll call vote. Conclusions of Latin for Case Number SUB-05(P)-13 -MOTION: Commissioner Salisbury SECOND: Conimi.sioner Scholz Passed: Unanimou. roll call vote. Recommendation for Case Number SUB-05(P)-13 -- MOT[ON` Commissioner Pagc SECOND. Commissioner Vance. Recommendation for kpprosul Passed with condition 12.2 — 12.13: Passers: Unanimou; ro'.l call vote Comprehensive Plan Analysis for Case Number ZON-89-13 — rivIOTION: Commissioner Vance SECOND: Commissioner Page Passed: Unanimous roll call vote-. Findings of Fact for Case Number ZON-89-13 - MOTION: Commissioner Pave SECOND: Commissioner Vance Passed: Unanimous roll call vote. Conclusions of Lan for Case Number ZON-89-13 — MOTION: Commissioner Salisbury SECOND Commissioner Vance Passed: I nanitnous roll call vote. Recommendation for Case Humber ZON-89-13 — ,MOTION: Commissioner Scholz SECOND: Commtssioner S7lishur v- Recommendation for Approval Passed with conditions 8.2 — 8.3: Passed: Unanlmllni roll Call vote. E. SUB-06(P)-13 / ZON-90-13 a request by Corey Barton, Trilo,gy Development, and Scott Noriyuki for a rezone from R-! Lt;w Density Residential to R-2 Nledium Density Residential and preliminary plat approval of Weston Poin'4 Subdivision No. 5 consisting of approximately 17,10 acres located approximately 801 feet north of HomeL:Jle Road and approximately 1761 feet cast of Lake Avenue. Testimony: Jarom Wagoner, 621 Cleveland Blvd., Caldwell, Senior Planner, presented the staff report as written and submitted an aerial photo of the site labeled Exhibit PZ-1000. He further reported that Weston Pointe Subdivision was annexed into the City of Caldwell in 2000. A development agreement was not approved at the time of annexation. The subject property is zoned R-I Low Density Residential with a High Density Residential designation on the Comprehensive Plan Map. The site is currently in agricultural use and the request to R-2 is precipitated by a change in lot size requirements in 2008. Previously, lots in the R-I district were required to be at least 6,000 square feet. The ordinance change now requires lot sizes to be 8,000 square feet in the R- I district and the R-2 district currently has a minimum lot size of 6,000 square feet. Staff does not oppose a rezone to R-2 because it will allow the developer to complete the subdivision to the density level that was originally approved when the site was annexed into the City. The preliminary plat calls for 56 single-family lots ranging in size from 6,000 square feet to 9,918 square feet. The common lots are lot 65 of block 11, lots 15 and 21 of block 10 and lots I and 13 of block 11. Phase five has a density of 3.85 units per gross acre which is consistent with the medium density residential classification which allows single-family subdivisions to have up to four (4) units per acre. Public Agencies were notified and the only agency to respond was Public Fire Marshall Andy Cater responded that he has reviewed and approved the preliminary plat. His comments are included in the case file as Exhibit PA-1. Landscaping will be required as per Section 10-07-02(l) of City Code, landscaping is required for this project. Staff recommends approval with conditions as outlined in the staff report specifically 8.3 would not allow any duplex or triplex without special use approval. 2) Commissioner Scholz asked for clarification of staff report section 2.4 regarding the high -density residential comp plan designation. Mr. Wagoner explained the comp plan designation to Commissioner Scholz. 3) Scott Noriyuki, 6810 Fairhill Place, Boise, ID 83714, Applicant's representative, testified in favor of the application and stated that the applicant agrees with the conditions outlined in the staff report. Thanked staff again for a good job of the analysis and explaining it to everyone what the applicant is doing as far as protecting the property rights of the adjacent individuals or property owners. Just trying to be consistent with what was previously approved and complete this project. 4) Jim Hirmer, 4321 Duke Street, Caldwell, signed in neutral of the development but did not wish to speak. 5) Dorothy Brown, 4403 Duke Street, Caldwell, signed in neutra'� of the development but did ncit wish to speak. P&Z Minutes 8i 13 /2013 %101 ION TO CLOS O'ENIONY: Coitiuitik;itnrLr Vance SECOND: Cot>ti. _,sioner Scholz Passed: I n:uutnnt.I Cott call 1.01c. Lvidence List for Case Number SUB-06(P)-13 & ZON-90-13 - Con;i-;tcd of the case tile; written and verba' staff report. PZ-1000 (aerial of site from Jarom kk agoncr). MOTION: Commissioner Vance SECOND: C0_171niS%iiM',r SChol/ Passed: Unanimous roll call %otc. Comprehenske Plan :analysis for Case `umber SUB-06(P)-i3 MOTION: Commissioner Vance SECOND: Comn:issiotser Page Passed: Um-mirnous roll call vote. Findings of Fact for Case .umber SUB-06(P)-13 -MOTION: Commissioner Page SECOND: Commissioner Salisbury Passed: Unanimow; to I call rots:. Conclusions of La►% for Case ,Number SUB-06(P)-13 - NIOT[ON: Commissioner Salisbury SECOND: Commissioner Page Passed: Unanimous ro.l call vote. Recommendation for Case Number SUB-06(P)-t3 - MOTION; Commissioner Page SECOND: Commissioner Vance. Recommendation for Approval Passed with condition 12.2 - 12.11: Passed: Unanimous roll call vote. Comprehensive Plan Analysis for Case Number ZO,N-90-13 - bIOTION: Commissioner Vance SECOND: Commissioner Pagc Passed: Unanimous roll call vote. Findings of Fact for Case Number ZON-90-13 -MOTION: Commissioner Page SECOND: Commissioner Salisbury Passed: Unanimous roll call vote. Conclusions of Law for Case Number ZO.N-90-13 - NIOTION: Cotnmi;sioner Salisbury SECOND. Commissioner Page Passed: Unanimous rol' cult vote Recommendation for Case Number ZON-90-13 - MOTION- Commissioner Salisbury SECOND: Commissioner Page Recommendation for Appro%al Passed with conditions 8.2 8.3: Passed: C. nanimous roll call vote. F. Case Number 0A-154-13 ,t wqucst by the City of Caldwell Planning and Zoning Department to amend portions of Chapter 10. the zoning ordinance, of City Code, Testimony: 1) Brian Billingsley, 621 Cleveland Blvd., Caldwell, ID 83605, Planning Director, presented the staff report as written and presented the proposed amended ordinance language. 2) Discussion was held amongst the commissioners and staff regarding Home Occupations section 10-02-09(7) confirming the only changes being made is to allow scheduled or unscheduled inspections. 3) Discussion was held amongst the commissioner and staff regarding the Table t Land Use Schedule section 10-02-02 and Land Use Schedule for Mixed Use District 10-13-03 confirming the attempt is to only allow Payday Loan/Title Loan/Quick Loan Establishments to be in industrial zones. 4) Ken Scholz, 2411 Carnegie Street, Caldwell, [D 83607, spoke in favor of the amendment to section 10-02-02 Land Use Schedule limiting Payday Loan/Title Loan/Quick Loan Establishments to M- I and I-P zones. Mr. Scholz gave his testimony why the listed types of businesses should not be allowed. 5) John Diaz, 820 Arthur, Caldwell, ID 83605, spoke in opposition of the amendment to section 10- 02-02 Land Use Schedule limiting Payday Loan/Title Loan/Quick Loan Establishments to M-1 and I-P zones. Mr. Diaz expressed his concern of Big Brother taking control. Many of his customers are police officers, bankers, city workers; people who work in the court system and would take great offense. He does not see how changing the allowed zones help anything. 6) James Wylie, 1676 N. Clarendon Way, Eagle, ID 83616, spoke in opposition of the amendment to section 10-02-02 Land Use Schedule limiting Payday Loan/Title Loan/Quick Loan Establishments to M-1 and [-P zones. Mr. Wylie expressed his concern because he owns property all over the area and three properties are in Caldwell. He has found that Payday Loan tenants are much cleaner and professional and he would much rather have a Payday Loan in his buildings than a restaurant because they are cleaner and a lot less turn over. The biggest problem is the City is trying to deter business from coming to Caldwell and as a building owner that is very discouraging. You cannot legislate everything; people have to take personal responsibility for their own decisions. 9 P&Z Minutes 8/ l3/20l 3 7) Mr.1I ngsley gave rebuttal testimony with regards to tht osition of section 10-02-02 Land Use Schedule limiting Payday Loan/Title Loan/Quick Loan Establishments. Mr. Billingsley explained the commission has three options. First option is the commission can approve the ordinance as presented; the second option is the commission can make changes to the land use table and add Payday Loan/Title Loan/Quick Loan Establishments as a special use or permitted use in other zones. Mr. Billingsley recommended the commission do not permit Payday Loan/Title Loan/Quick Loan Establishments at all in any of the residential zones, also does not recommend allowing it in C- I or C-4, heavy industrial zones, airport district, college district, nor in the hospital district. Mr. Billingsley recommend if the commission wants to make changes to the ordinance, the commission could make a recommendation to make Payday Loan/Title Loan/Quick Loan Establishments a permitted or special use in C-2 or C-3 zones. The third option is to throw out the ordinance amendment and recommend no changes at all. 8) Discussion was held amongst the commissioners and staff regarding areas of zoning and examples of zoning areas where pawnshops and payday loans would be allowed. 9) Discussion was held amongst the commissioners to decide the best zones for pawnshops and payday loans. 10) Public testimony was closed. !MOTION TO CLOSE TESTINIONI` CommiSSinnCr V;nnLc SECOND: Commissioner Scholz Passed: t nanimuus roll C411 Vote. The commission held an in-depth discussion among themselves with mixed findings. The commission came to an agreement and made their motion. Comprehensive Plan Anuhsis for Case Number OA-154-13 MOTION: Conunis>-oner Vance SECOND: Conindisioner SLlisbuty Passed: Unanimous roll call vote. Recommendation for Case Number OA-154-13 - .MOTIOV - Commissioner Vance S=COND: Commissioner Page. Recommendation for Approval Passed with amended Ordinance reflecting Payday LoanlTitle Loan/Quick Loan Establishments be permitted outright in zones C-2 and C-3: Passed: Unanimous roll call vote Planning Issues - A. The next rcgularly scheduled Planning and Zoning Commission hearing is October S, 2013. %'I. Adjournment The meeting was adjourned at approximawly 10:55 p.m. MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-POMORANSKY ON THE DATE NOTED BELOW: o . :�3 Pd,oty Pomoraw ky Date c ATTEST April C ello. Planning TechoiJarr 10 P&Z Minutes 8r1312013 X r )W"(, . c 0-- W, Ph: 208.455.3000 Fax: 208.455.3003 www.cityofcaldwell.com The Trea,lure of the Valley Caldwell Planning & Zoning Commission agenda for Public Hearing on Tuesday, August 13, 2013 at 7:00 p.m., in the Community Room, Caldwell Police Department, 110 South 51h Avenue, Caldwell, Idaho. AGENDA I. Call to Order It. Review of Proceedings III. Old Business A. Approve Minutes of June 11, 2013 meeting as signed by Acting Chairperson Scholz. IV. New Business A. Case No. ZON-91-131 SUP-361-13, a request byYasuda Brothers, LLC and Dillon Caldwell, LLC for a comprehensive plan map change from Commercial to Industrial, a rezone from C-3 Service Commercial to M-1 Light Industrial and special use permit approval to expand an automotive wrecking/salvage yard (Pick -a Park Jalopy Jungle) on to a 2.9 acre parcel located at the 6219 Cleveland Blvd. DB. Case No. SUB-03(Pyl3 a request by JRL Properties and (Cent Brown for preliminary plat approval Brion Billing5ley, of Crown Point Subdivision consisting of 5 commercial lots in a C-4 Freeway Commercial zone 'A 1CP located on the east side of Aviation Way approximately 1200 feet south of Franklin Road. C. Case No. SUB-04(Pyl31 ZON-88-13 a request by Corey Barton, Trilogy Development, and Scott PRONE Noryuki for a rezone of approximately 17.10 acres from R-1 Low Density Residential to R-2 Medium Density Residential and preliminary plat approval of Aspens Subdivision No. 5 located at the northwest comer of Homedale Road and Florida Avenue. 0; , D. Case No. SUB-05(Py13 / ZON-89-13 a request by Corey Barton, Trilogy Development, and Scott Noriyuki for a rezone of approximately 19.42 acres from R-1 Low Density Residential to R-2 Medium Density Residential and preliminary plat approval of Quail Ridge Subdivision Phase 2 located approximately 577 feet north of Karcher Road and approximately 376 east of Montana Avenue. E. Case No. SUB-06(P)-131 ZON-90-13 a request by Corey Barton, Trilogy Development, and Scott Noriyuki for a rezone from R-1 Low Density Residential to R-2 Medium Density Residential and preliminary plat approval of Weston Pointe Subdivision No. 5 consisting of approximately 17.10 acres located approximately 801 feet north of Homedale Road and approximately 1761 feet east of Lake Avenue. F. Case No. OA-154-13 a request by the City of Caldwell Planning and Zoning Department to amend portions of Chapter 10, the zoning ordinance, of City Code. V. Planning and Zoning Issues, if any. VI. Next Planning & Zoning Commission Scheduled Public Meeting Date: October 8, 2013. VII. Adjourn Any person needing special accommodations to participate in the meeting should contact the City Office at (208) 455- 4667 prior to the meeting. Cualquier persona necesitando comodidades especiales pars parUcipar en la reunion debe contactar al las ofdnas de la Ciudad o flame a (208) 455- 4667 antes de la reunion. 100BE5r� + OWN AMERICA . 7mOIYIY City Hall . 411 Blaine Street - P.O. Sox 1 179 . Caldwell, Idaho 83606 . 208.455.3000