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HomeMy WebLinkAbout05-24-23 PZ MinutesPage | 1 Planning and Zoning Minutes 05/24/2023 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES Wednesday, May 24, 2023 @ 6:00 pm Caldwell Police Department, Community Room, 110 S. 5th Avenue, Caldwell, Idaho Chair Zamora: opened the public hearing and outlined the public hearing procedure. ROLL CALL Present: Zamora, Larson, Boutros Absent: Harman CONFLICT OF INTEREST DECLARATION (if any). None. CONSENT CALENDAR: (ALL CONSENT CALENDAR ITEMS ARE ACTION ITEMS) 1. Approve minutes for the Caldwell Planning and Zoning Commission special meeting workshop held on January 12, 2023; 2. Approve minutes for the Caldwell Planning and Zoning Commission regular meeting held on April 12, 2023. MOTION by Larson SECONDED by Boutros to approve the minutes for January 12, 2023 and April 12, 2023. MOTION CARRIED REVIEW OF PROCEEDINGS (OPENING STATEMENT) OLD BUSINESS: ACTION ITEM: Public Hearing (Quasi-Judicial): Case Number: CPM22-000005/ ZON22- 000008 / SUP22-000019 / PUD22-000007 / SUB22-000027 / AMD-22-04 (Continued from 4-12- 2023): Mason & Associates, on behalf of North 44 Idaho LLC., is requesting approval of a Comprehensive Plan Amendment (CPM22-000005) on the subject parcel (R3284200000) from HC (Highway Corridor) to a future land use designation of CS (Commercial & Service) along Hwy 55 on the northern portion and a MDR (Medium Density Residential) future land use designation on the southern portion of the subject parcel, to include approval of Resolution # 35-23. Concurrently, the applicant is requesting a rezone (ZON22-000008) from R-1 (Low Density Residential) to a split zone of C-2 (Community Commercial) on the northern portion and R-2 (Medium Density Residential) on the southern portion of the parcel, and approval for a Planned Unit Development (PUD22-000007) and Preliminary Plat (SUB22-000027) for West Haven Subdivision, a 55+ mixed-use community with commercial and residential housing options and amenities, to include approval to amend an existing Development Agreement (DA- 05-07) (AMD-22-04) to change the zoning, allow for commercial development opportunities, Page | 2 Planning and Zoning Minutes 05/24/2023 allow for residential densities of 5.86 units per acre, and to add any additional conditions specific to the new proposed development plan. Additionally, the applicant requests a Special Use Permit (SUP22-000019) to allow for an assisted living facility within the requested C-2 (Community Commercial) zone. West Haven is proposed to be constructed in a single phase and will include 221 residential lots, two commercial lots, and 26 common lots. The subject property is located at the southwest corner of Karcher Road and S. Florida Avenue, Parcel Number R3284200000, Caldwell, Idaho. Katie Wright (Associate Planner) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of a PowerPoint. She presented two late exhibits, the first one was labeled Exhibit PZ1000 (TIS document that shows the change in trips generated from the original land use); the other exhibit was labeled Exhibit PZ1001 (updated elevations of the floor plan). Ms. Wright reported there was an error in the staff report that showed it was a C-2 zone; however it was a C-1 zone. She stated that the code required 10% open space and they provided 9% equaling 2.37 acres of open space, which did not meet the PUD code. Staff recommends a condition that would require them to provide a preliminary plat meeting the required 10% open space. She also indicated there may be need for a different land use buffer along the commercial area and the cemetery, depending on the future land use. In addition, the applicant was requesting a waiver for parking requirements since they do not meet the required parking. Ms. Wright outlined the proposed waivers:  Waiver for 45’ lot frontage – to allow for lot frontage between 26’ and 43’ with the exception of corner lots.  Waiver for 600 sq. ft. lot minimum – to allow for a minimum of 2,171 sq. ft.  Waiver to reduce the qualifying open space requirement – from 10% to 9%.  Waiver to not require the PUD parking requirement - for one additional space to be provided for every four lots that have frontage less than 45’.  Waiver to reduce the side setbacks to 0’ for the townhome lots.  Waiver to reduce front setbacks for alley loaded townhomes from 20’ to 10’. Applicant’s proposal was to construct an access on the southwest corner of the project with a portion of the access located on the adjacent outparcel, not currently owned by the applicant. The access must align with South Georgia in order to meet City and Fire code for secondary access. She noted that if the applicant was unable to obtain the right-of-way from the owner of the adjacent development, then the proposed development would not be approved. The northern approach to the site onto South Florida did not align with Generations Lane located on the east side of Florida Avenue. The traffic impact study noted this approach could be limited to a right in/right out only at full buildout at Highway 55/Karcher Rd., thus creating a situation where traffic from the commercial site would need to travel through the subdivision to exit the development. Routing commercial traffic through a residential neighborhood was a significant concern. Ms. Wright indicated that the proposed request was not in compliance with the Caldwell City code regarding a Planned Unit Development. Although the development concept aligns with some of the Goals and Policies of the Comprehensive Plan, it was not in full conformance with the requirements of the Comprehensive Plan. Staff was not in favor of recommendation of approval due to the areas of concern previously presented; however, if the Commission recommends approval of the request, that such request was subject to the Conditions of Approval as specified in the Findings of Fact, Conclusions of Law and Order of Decision. Conditions of Approval: Page | 3 Planning and Zoning Minutes 05/24/2023  All frontage improvements shall be located behind ITD’s future right-of-way line.  ITD indicated they would provide a sidewalk along Karcher Rd; therefore, the applicant would not be required to construct a sidewalk at this time; however, if the proposed future road improvements by ITD are not completed by December 31, 2027, the applicant would be required to construct the public sidewalk as required by City code along the frontage of their property adjacent to Karcher Road.  All rights-of-way areas not occupied by streets, curb, gutter, sidewalk or pedestrian amenities shall be completed, covered with grass and shall be maintained by the property owner adjacent to side rights of way areas. All rights of way shall be maintained in a weed and dust free manner.  Landscape buffers along the entire length of Karcher Road and Florida Avenue frontage shall be completed within Phase 1 of the development. Existing Conditions with amendments:  Staff recommends that condition 40 be replaced with the future land uses of the two commercial lots, and shall be limited to the uses as stated in the Development Agreement.  Staff recommends to replace condition 33 with “the applicant shall submit a revised preliminary plat showing 10% open space, in conformance with the Planned Unit Development section of the City code”. Additional Conditions to be added:  A revised preliminary plat would need to be submitted to P&Z Department for review and approval, addressing all the comments and conditions from the City Engineer and Mapping department prior to going before City Council.  Formal documentation would be required to be submitted showing the applicant obtained the right-of-way necessary to accommodate the access proposed at the southwest corner of the project that would align with South Georgia.  The applicant shall be required to submit a revised TIS to ITD and the City, showing that they complied with the Development Agreement.  The application shall not be scheduled for a City Council hearing until ITD has commented on the revised TIS. In response to questions from Commissioner Larson, Director Collins responded that the City Engineering Department looked at everything in the design, and compared it to the Transportation Master Plan. Everything was in compliance with the exception of making sure that the access points align. Brad Beauchamp (Representative) 1908 W. 39th, Kennewick, WA., spoke in favor of the request and stated he wanted to make sure staff was referring to the most current Development Agreement. Ms. Wright noted there would be an attachment added to the Development Agreement to replace the Land Use Schedule. For clarification, Director Collins stated it would be a page that would say future land uses on commercial parcel. She recognized that the applicant was asking permission to have the Assisted Living on one of those commercial parcels, any remaining commercial acreage would have to be dedicated to non-residential uses. They want to make sure there would not be apartments or some other type of residential use on that parcel. Page | 4 Planning and Zoning Minutes 05/24/2023 Commissioner Larson asked the applicant if they contacted Valley Ride or any other company that offers public transportation to improve the likelihood of getting to those locations if there was less parking. Mr. Beauchamp responded no; however they are able to accommodate parking in front of individual homes. Within their neighborhood requirements, there would be no street parking allowed over night; however they would be able to accommodate with driveway parking, with the garage and the 20’ frontage. Ms. Wright clarified they did meet parking requirements; nonetheless, the PUD had specific additional requirements, which was one per four, for the lots less than 45’. Chair Zamora mentioned that it sounded like the applicant was in agreement with the proposed conditions that staff recommended. He asked why that was not included in the initial plan and development process. Mr. Beauchamp responded he saw the additional conditions today. They have no issues with the conditions and should have included them. He noted that the 9% vs 10% difference was that the commercial site gained back an acre with the freeway. Chair Zamora asked for the status of securing the additional property that was needed to ensure the road lined up. Dennis Parker 2916 E. Locust Ln., spoke in favor of the request and stated, that the attorney for the cemetery would provide the property they needed for the road extension, through a Quitclaim Deed. Mr. Parker also submitted a certified copy of the updated traffic report. Chair Zamora entered the certified copy of the updated traffic report as Exhibit PZ1002. Mr. Parker stated that part of the report was not for ages 55 and over, which triggered a lot more trips, so when they went to 55 and over, it reduced the traffic count to about 30%. In the front commercial site the apartments were removed; consequently, there would be no residential traffic. Director Collins specified that although the TIS did not show apartments, the City Engineer would require an updated report to show commercial uses for that traffic. William Mason (Project Engineer) 924 3rd St. S., signed in favor of the request but did not provide testimony. David Flesher 13586 Colter Rd., signed as neutral for the request and stated he had concerns with the open drainage ditch behind a fence with no access. He would like to see the drainage ditch piped and add landscaping to avoid weeds. He also expressed concerns with traffic. In rebuttal, Mr. Parker stated he met with property owners, and one owner complained about vehicle headlights and street lights. He talked about putting an automatic gate on Georgia for the fire and police department to get in and out. That would limit traffic on Georgia and Georgia would be extended. Page | 5 Planning and Zoning Minutes 05/24/2023 Commissioner Larson asked if the architecture for the commercial buildings could be improved to be more appealing. Mr. Beauchamp responded the Commissioners might not have the most current plans, since the buildings were aesthetically pleasing. Director Collins indicated that the applicant would have separate submittals for building permits. At that time, the Commission could make a condition for the applicant to submit those elevations to P&Z for review, during the building permit process. They do not have any current formal design guidelines in the code; however the commission could make recommendations. Director Collins made a clarification for the record and stated that when the application was originally submitted, their narrative did request a C-1. As they looked at the Comp Plan Designation they recognized that according to where they were located, the Comp Plan actually proposed that the designation be a C-2 zone, which was still lower commercial zoning; however, it was higher due to the location along the highway. She made the clarification since it was publicly advertised as C-2, which was what they were requesting. Chair Zamora asked if the staff report referred to it as a C-2. Director Collins responded that some portions were referred to as C-2 and other portions as C-1. She added that this application was pending for a while, and several changes were made. She indicated that all errors would be corrected to indicate C-2. MOTION by Boutros SECONDED by Larson to close the public testimony portion of the public hearing. MOTION CARRIED Chair Zamora closed public testimony. EVIDENCE LIST FOR CASE NO. CPM22-000005/ ZON22-000008 / SUP22-000019 / PUD22- 000007 / SUB22-000027 / AMD-22-04 (WEST HAVEN) 1. Staff Report and presentation documents 2. Applicant presentation documents 3. Sign-up sheets 4. Exhibits PZ1000, PZ1001, PZ1002 COMMENTS FROM COMMISSION MEMBERS CONCERNING THE REQUEST: Commissioner Boutros expressed he was surprised to see the application made it to the Commission, considering the problems with the waivers, the application was not compliant with code, concerns with secondary access, lot frontage, lot sizes and the parking situation were things that would force the replotting of the entire development. His recommendation would be that this application be remanded back to staff, and the entire project would need to be preplanned to bring it into compliance with the codes, and the conditions that staff have already articulated. Director Collins clarified that this was a Planned Unit Development and they could request waivers; however, it would be up to the Commission to grant those waivers. If the waivers were approved, the plat would not need to be redesigned. She reported that at preliminary plat stage, things change and evolve. Staff recommend it gets remanded back to staff for compliance, and as long as there were no substantial material changes, it could still move forward to City Council. Page | 6 Planning and Zoning Minutes 05/24/2023 Commissioner Boutros stated that even if the layout of the development was reworked to improve it, it could result in significant changes. As such, it should return before the P&Z Commission for a more thorough evaluation at a time when they have a consistent, more compliant application. Chair Zamora concurred with comments from Commissioner Boutros, and noted the concerns from engineering that it would impact safety. He indicated he was not comfortable with the current version; therefore, he was not in support of approving the Special Use Permit. Director Collins asked the Commission not to make a decision of denial or approval, and to remand it back to staff. Staff would work with the applicant to get it to where it needs to be, so it could return before the Commission. ORDER OF DECISION FOR CASE NUMBER: CPM22-000005/ ZON22-000008 / SUP22- 000019 / PUD22-000007 / SUB22-000027 / AMD-22-04 (CONTINUED FROM 4-12-2023) MOTION by Boutros, SECONDED by Larson that the above action item be remanded back to staff. Roll Call Vote. Those voting yes: Zamora, Boutros, Larson. Those voting no: (none) Absent: Harman MOTION CARRIED NEW BUSINESS: ACTION ITEM: Public Hearing (Quasi-Judicial): Case Number: ANN23-000006 / CPM23- 000002 / SUB23-000006: A request by The Land Architects, on behalf of Lane Development LLC, to annex parcel R3566601000 (approx. 1.87 acres) along with the adjacent right-of-way, with a proposed zoning of R-3 (High Density Residential), to include the approval of a development agreement associated with ANN23-000006. Concurrently, the applicant is requesting a comprehensive plan map amendment from MDR (Medium Density Residential) to HDR (High Density Residential), to include approval of Resolution #23-23 associated with CPM23-000002; and approval of a preliminary plat for the Skyview Villas Subdivision consisting of ten (10) residential lots accommodating (10) ten buildings (duplex and triplex buildings) with a total of twenty-two (22) dwelling units and three (3) common lots. Buildings along the perimeter are proposed to be two-story in height, with the two (2) buildings in the center of the development proposed to be two and one-half stories in height. The subject site is located on the North side of E Ustick Road, and approximately 380.6 feet west of the intersection of S 10th Avenue and E Ustick Road, within the City of Caldwell Area of Impact. Staff requested a continuance until the next regularly scheduled meeting to be held on June 14, 2023. MOVED by Boutros SECONDED by Larson to continue ACTION ITEM: Public Hearing (Quasi- Judicial): Case Number: ANN23-000006 / CPM23-000002 / SUB23-000006 For Skyview Villas Subdivision until the next regularly scheduled meeting to be held on June 14, 2023. MOTION CARRIED ACTION ITEM: Public Hearing (Quasi-Judicial): Case Number: ZON23-000001, SUP23- 000003, SUB23-000008 (previously submitted under SUB22-000040) Faith Landing: Km Engineering, on behalf of Avest Limited Partnership, is requesting a rezone of parcels R01523107A0, R0152310700, R0152310800, R0152311000, R0152311200, R0152311100, R0152311300, R0152311400, R0152311700, R0152311800, R0152311900, R0152312000, R0152312100, R0152312200, R0152312300, R0152312400, R0152312500, R0152312600, R0152312900, R0152312800, R0152312700, R0152313000, R0152313100, R0152313400, R0152313300, R0152313200, R0152313500, R0152313600, R0152313800, R0152313700, Page | 7 Planning and Zoning Minutes 05/24/2023 R0152313900, R0152314000, R0152314100, R0152314200, R0152314300, R0152314400, R0152314500, R0152314600, R0152314700, R0152314800, R0152315000, R0152314900, R0152315100, R0152315200, R0152316300, R0152316200, R0152316400, R0152316500, R0152316700, R0152316600, R0152316800, R0152316900, R0152315900, R0152316000, R0152316100, R0152315800, R0152315700, R0152315400, R0152315600, R0152315300, R0152315500, R0152317000, R0152317200, R0152317100, R0152317300, R0152317500, R0152317400, R0152317600, R0152317700, R0152317900, R0152317800, and R0152318000 (approx. 23.092 acres inclusive of adjacent right of way) within the previously platted Faith Landing Subdivision from C-3 (Service Commercial) to R-3 (High Density Residential), where the comprehensive plan land use designation is HDR (High Density Residential). Concurrently, the applicant is requesting approval of a short plat to convert a portion of parcel R0152311000 from a common lot to a buildable lot, and a Special Use Permit (SUP) to allow for one (1) 4-plex and one (1) 8-plex building on Lot 1, Block 4 within an R-3 (High Density Residential) zone. Although the existing multi-family units are grandfathered in under a separate entitlement approval from 2007, the applicant is requesting the existing development be included in the new Special Use Permit (SUP) for consistency of the overall development to be under one (1) singular special use permit. The existing clubhouse on parcel R0152311000 will be demolished to accommodate the proposed units, and a new clubhouse and community facilities will be constructed to the west of the site. The subject parcels are within the existing Faith Landing development located north - northeast of Caldwell Blvd and north of the Caldwell Blvd and E Homedale Road intersection, in Caldwell, Idaho. Katie Wright (Associate Planner) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of a PowerPoint presentation. She reported that the applicant was requesting the lot where the clubhouse was located be split into half acre buildable lots, and leave the remainder of that to be a common lot. She also noted that a TIS was not required for this change, and that code requirements were met for required open space and for landscape. Utilities were provided to the site and were adequate to accommodate the proposed development. Public agencies were notified and no agency showed concern. In response to questions from Commissioner Boutros, Ms. Wright responded that based on conversations with the applicant, her understanding was that their parcel would be 10.4%, which they evaluated based on the requirement for the average lot size. As to the clubhouse, that was not further discussed, since it was not part of the application. Commissioner Boutros asked if demolishing the club house, and putting in the 4-plex and the 8-plex would still result in meeting the open space requirement. Ms. Wright concurred. Commissioner Larson asked if there was a time frame to get the clubhouse back. Ms. Wright stated that was not discussed; however, she would defer that question to the applicant. In response to questions from Commissioner Larson, Ms. Wright replied that it was the Director’s decision to waive the fees based on previous conversations, as they had to do a rezoning to be in compliance with the Comprehensive Plan. Stephanie Hopkins (Representative) 5725 N. Discovery Way., spoke in favor of the request and provided a description of the request and outlined its contents by use of a PowerPoint presentation. The applicant was proposing to replace the center lot, which was an existing clubhouse and surface parking lot with two buildings a 4-plex and an 8-plex. Ms. Hopkins reported they were requesting the Special Use Permit to bring the existing use up to code requirements, and to make sure they were covered under the R-3 District. The intention was to replace Page | 8 Planning and Zoning Minutes 05/24/2023 the existing building, do minor land division to add to the project, and that would gain open space. In conclusion she mentioned they were in agreement with the staff report. In response to questions from Commissioner Boutros, Ms. Hopkins stated the building that would be demolished was to the west at the end of the cul-de-sac. They would remove that building and extend a drive aisle up north, there would be a parking lot that would abut the clubhouse in the vacant lot. Discussion followed concerning public transportation. Ms. Hopkins indicated she would pass the information along concerning public transportation options. MOTION by Boutros. SECONDED by Larson to close the testimony portion of the public hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ZON23-000001, SUP23-000003, SUB23-000008 (previously submitted under SUB22-000040) (Faith Landing) 1. Staff Report and presentation documents 2. Applicant presentation documents 3. Sign-up sheets COMMENTS FROM COMMISSION MEMBERS CONCERNING THE REQUEST: Commissioner Boutros stated the request looked straight forward, and he would approve it with the conditions listed in the staff report. Chair Zamora agreed with Commissioner Boutros, and added that it would be a trade that would net one additional building once completed. ORDER OF DECISION ON CASE NUMBER: ZON23-000001, SUP23-000003, SUB23-000008 (PREVIOUSLY SUBMITTED UNDER SUB22-000040) (FOR FAITH LANDING) MOVED by Larson, SECONDED by Boutros based upon the testimony and evidence in record in this matter, and upon the findings of fact and conclusions of law set forth herein, do hereby determine and move as follows: The request for a rezone of multiple parcels as advertised from C-3 (Service Commercial) to R-3 (High Density Residential), is recommended for approval, subject to the conditions of approval as presented/amended. MOVED by Larson, SECONDED by Boutros to amend the initial motion to add the following: AND The request for approval of a short plat to convert a portion of parcel R0152311 from a common lot to a buildable lot, is recommended for approval, subject to the conditions of approval as presented/amended. AND The request for Special Use Permit (SUP) to allow for multi-family plex units to be allowed within an R-3 (High Density Residential) zone, is approved subject to the conditions of approval as presented/amended. Roll Call Vote. Those voting yes: Larsen, Zamora, Boutros. Those voting no: (none) Absent: Harman MOTION CARRIED