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Home My WebLink About08-09-23 PZ MinutesPage | 1 Planning and Zoning Minutes 08/09/2023 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES Wednesday, August 9, 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 at 6:00 p.m. ROLL CALL Present: Zamora, Harman, Larson, Boutros Absent: None CONFLICT OF INTEREST DECLARATION (if any). None SPECIAL PRESENTATIONS. None CONSENT CALENDAR: (ALL CONSENT CALENDAR ITEMS ARE ACTION ITEMS) 1. Findings of Facts and Conclusions of Law and Order for a Recommendation of Denial for Case Number ANN23-000002 / ANN23-000003 / ANN23-000004 / ANN22-000028 / SUB22-000045: A request by T-O Engineers, on behalf of Roosevelt Star LLC, to annex parcel R2158100000 (approx. 2.28 acres), parcel R3266801200 (approx. 1.81 acres), parcel R2158200000 (approx. 3.19 acres), and parcel R3266801300 (approx. 145.55 acres), with a proposed zoning designation of R-1 (Low Density Residential), where the Comprehensive Plan land use designation of the property is Low Density Residential, to include approval of a development agreement associated with the annexation and zoning of parcel R3266801300 under application ANN22-000028. Concurrently, the applicant is requesting approval for a preliminary plat for, a single-family development on parcel R3266801300 for Chickasaw Subdivision, consisting of 400 single-family building lots, 38 common lots, 36 drainage lots, and one (1) emergency services lot. The project is proposed to be developed in 14 phases. Parcel R3266801300 has an existing Municipal Services Agreement (Inst. No. 2020-043549). Parcels R2158200000 and R2158100000 are located north of Homedale Road and east of Farmway Road, and parcels R3266801200 and R3266801300 are located south of Homedale Road and west of Farmway Road, in Caldwell, Idaho. Commissioner Boutros reported errors in items 1 and 2. Item 1 - On page 2 of 70 of ANN22-000028 the recommendation for denial was followed by a statement regarding “approving the request for annexation and preliminary plat” that was the boiler plate language and should agree with the recommendation for denial. It should state “in denying the request for an annexation” not in approving the request. The same language appears in the denials of the three smaller associated parcel. Those corrections need to be made before it goes to City Council. MOTION BY Harman SECONDED BY Boutros to approve the Finding of Facts and Conclusions of Law and Order for a Recommendation of Denial for Case Number ANN23-000002 / ANN23-000003 / ANN23-000004 / ANN22-000028 / SUB22-000045 with the amended items. MOTION CARRIED Page | 2 Planning and Zoning Minutes 08/09/2023 2. Findings of Facts and Conclusions of Law and Order for a Recommendation of Denial for CPM23- 000006, ZON23-000006: The City of Caldwell is requesting a comprehensive plan land use map amendment from OS (Open Space) to HDR (High Density Residential), and a rezone from C-2 (Commercial) to R-3 (High Density Residential), for the approximately 0.82 acres Parcel R35287104A0, to include approval of Resolution # 152-23 associated with CPM23-000006. The subject parcel is located on the south side of Thomas Jefferson Street, approximately 824’ east of the intersection of Smeed Pkwy and Thomas Jefferson Street, in Caldwell, Idaho. Item 2 - On page 2 the word “denial” is misspelled. MOTION BY Commissioner Boutros SECONDED BY Commissioner Larson to approve the Finding of Facts and Conclusions of Law and Order for a Recommendation of Denial for Case Number CPM23- 000006 / ZON23-000006 to approve item V-2 from the agenda with the proposed amendment. MOTION CARRIED REVIEW OF PROCEEDINGS (OPENING STATEMENT) Chair Zamora opened the public hearing and outlined the public hearing procedure. OLD BUSINESS: (ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: ANN23-000006 / CPM23-000002 / SUP23-000009 – THIS ITEM WAS CONTINUED FROM JUNE 14, 2023: A REQUEST BY THE LAND ARCHITECTS, ON BEHALF OF LANE DEVELOPMENT LLC, IS REQUESTS 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 SPECIAL USE PERMIT FOR THE SKYVIEW VILLAS CONSISTING OF (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.) Alex Jones, (Associate Planner) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of a PowerPoint presentation. He noted the site was surrounded by County R-1 to the north, west and east, and to the south C-2. For the Comprehensive Plan Analysis it was currently zoned as Medium Density Residential, which was allowed with up to four units per acre. The proposed density for this development was 8.7 units per acre. The applicant was requesting High Density Residential to accommodate the higher density. Staff finds this was closer to a medium density development as the Comp Plan went from three units for low density, four units for medium; high density was a maximum of 25. He remarked the Comprehensive Plan did not have a good middle ground for medium density developments. Page | 3 Planning and Zoning Minutes 08/09/2023 There were no outside agency or public comments. Engineering and Fire comments were in the staff report. Additional comments from Fire Department would be entered as a late exhibit. Mr. Jones asked the Commission to remove Conditions 15 and 16 from the Development Agreement (DA), since a DA was not necessary for a small development. In addition, the applicant requested a height waiver to build over a 25’ adjacent to a 25’ single family home to the west and the north. Staff found this request was in compliance with the Comprehensive Plan. In response to questions from Chair Zamora, Mr. Jones responded that reference to the Development Agreement could be found on page 5 of FCOs and under Exhibit 1 of the staff report. Also, for a Comp Plan designation for Medium Density, the maximum was four units per acre, the maximum in a High Density Residential Zone was 25. There was nothing between 5 and 24. He added that this parcel did not qualify for such a development. In response to questions from Commissioner Boutros, Mr. Jones stated that secondary access and height waiver would be removed, if the development maintained Medium Density Residential. Correspondingly, an Easement Agreement would need to be added as a condition. Commissioner Larson mentioned that the staff report on item No. 9 noted a concern with parking, where only six dwelling units would share a driveway. This development had eight dwelling units per driveway, and asked if that had been addressed. Mr. Jones replied that would be on Montana Avenue. In response to a request for clarification from Commissioner Larson, Director Collins explained the reason the engineering memorandum showed an “asterisk” as having the same concern on all the cases, was because it was not a code requirement; however, due to the nature of the project, engineering was requesting they follow subdivision requirements. Commissioner Larson asked if they approve the request, would it be part of condition requirements according to FCOs. Director Collins concurred. Andrew Wheeler (Representative) 2923 N. Arthur Circle., provided a description of the request and outlined its contents by use of a PowerPoint presentation. He stated what guided the design for the development, was that the intersection of 10th and Ustick was extremely busy. He noted the surrounding area was heavily commercial. The intent of High Density Residential, was to be the buffer in the transition zone from commercial to medium density, to low density single family. He added that they would be widening the road on Ustick extensively, and would manage the storm water onsite. He reported they had a recorded easement that was approved by the church and was part of the packet. Mr. Wheeler touched on the amenities, which consist of a seating area in a landscaped garden area, with a covered pergola and picnic table on an open lawn. There would be eight parking stalls, as well as detached sidewalks. He mentioned that originally it was designed as a subdivision, ultimately it was decided to build the single parcel as multifamily housing. The housing would be for rent, all owned as one ownership, and would not be individually sold or platted lots. In conclusion, he stated the property would create the necessary transition from the commercial high density usage that surrounds it, to medium and low density residential. Page | 4 Planning and Zoning Minutes 08/09/2023 Commissioner Larson asked if the applicant had communicated with Valley Ride for available transportation. Mr. Wheeler replied he did not. Chair Zamora entered late Exhibit PZ1000 into the record, which was the Fire Department report. MOVED by Larson SECONDED by Harman to close the testimony portion of the public hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ANN23-000006 / CPM23-000002 / SUP23-000009 (Skyview Villas) 1. Staff Report and presentation documents 2. Applicant presentation documents 3. Sign-up sheets COMMENTS FROM COMMISSION MEMBERS CONCERNING THE REQUEST: Commissioner Boutros expressed concern that this development was in the middle of a large area that was designated Medium Density Residential. He did not hear a valid reason for this project to be rezoned to High Density Residential. Commissioner Harman felt it was a well thought out project in a good spot. Chair Zamora indicated he recognized Commissioner Boutros’ concerns; however, although the zoning was strange, he was appreciative of the reasoning for high density rather than medium density. He felt he could support the request, since there was no testimony in opposition. Commissioner Boutros reminded the Commission that the land to the north was empty; therefore, there would be less probability they would receive adverse comments. He felt this development would open the opportunity for more High Density Residential in the area. Chair Zamora mentioned that High Density Residential served as a buffer between commercial, medium and lower densities, and felt this was a reasonable placement. Commissioner Harman concurred. Commissioner Larson commented that it would be ok if a large development were to build on Kurt Lane, there could be single in the outside and denser in the inside. His only concern was that if they were going to build multi-family in Medium High Density, there should also be bus opportunities for travel. He though this was a good use. Commissioner Boutros stated that if the request was approved, they would need to make the easement a condition. Mr. Jones reminded the Commission to remove Conditions 15 and 16 referencing the Development Agreement. ORDER OF DECISION ON CASE NO. ANN23-000006 / CPM23-000002 / SUP23-000009 (Skyview Villas) MOVED by Harman SECONDED by Larson, based upon 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 Page | 5 Planning and Zoning Minutes 08/09/2023 move as follows: The request for the Annexation of the parcel with a proposed zoning designation of R-3 High Density Residential is approved subject to the conditions of approval as presented or amended in the staff report. In addition, removing Conditions 15 and 16 from the Development Agreement, and adding an Easement Agreement through the church. Request ANN23-000006 is recommended for approval subject to the conditions of approval as modified. Request for SUP23-000009 is recommended for approval subject to the conditions of approval as modified. Commissioner Harman made a motion to approve SUP23-000009. Roll call vote: Those voting yes: Harman, Larson, Zamora Those voting no: Boutros Absent and/or not voting: None NEW BUSINESS: (ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: ANN23-000008 / CPM23-000005: JESSICA HEGGIE, ON BEHALF OF JACOB BOOHER, IS REQUESTING A COMPREHENSIVE PLAN LAND USE MAP AMENDMENT FROM LDR (LOW DENSITY RESIDENTIAL) TO HDR (HIGH DENSITY RESIDENTIAL), AS WELL AS ANNEXATION WITH A ZONING DESIGNATION OF R-3 (HIGH DENSITY RESIDENTIAL), TO INCLUDE APPROVAL OF RESOLUTION # 142-23 ASSOCIATED WITH CPM23-000005 AND A DEVELOPMENT AGREEMENT ASSOCIATED WITH ANN23-000008. THE APPLICANT INTENDS TO UTILIZE THE SITE FOR MONTANA AVE MULTI-FAMILY DEVELOPMENT CONSISTING OF EIGHT (8) DUPLEX UNITS, TOTALING SIXTEEN (16) RESIDENTIAL DWELLING UNITS. THE 1.5 ACRE SITE IS LOCATED AT 26566 MONTANA AVE., ON THE EAST SIDE OF S. MONTANA AVENUE, APPROXIMATELY 2,000 FEET SOUTH OF THE INTERSECTION WITH EAST HOMEDALE ROAD 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 presented three late exhibits and all were public comments. Public agencies were notified and asked to provide comments and no agency responded with specific concerns. There were public comments received in opposition and some of the concerns were the amount of R1 in the area, density not matching the surrounding area, added traffic and height concerns. Staff added site specific conditions prior to City Council as follows:  The applicant shall submit a new site plan that addresses utilities and street frontage improvements.  Each unit shall provide 2 to 3 off street parking spaces per dwelling unit.  The subject site shall have 4% of qualifying open space in accordance to Caldwell City Code.  The applicant shall submit a new site plan that shows 50’ from near roadway to near driveway per ACH Access Policy adopted by the City of Caldwell.  The applicant shall get names approved by the Mapping Department for common drives with more than three or more residential buildings prior to construction drawings. Page | 6 Planning and Zoning Minutes 08/09/2023 Staff also recommend the Commission include the following condition in their motion:  The applicant shall meet the Caldwell City Code Section 11-03-0214 only allowing six dwelling units per shared driveway. Staff decided a Development Agreement was not necessary for the proposed development, since there was nothing out of the ordinary. Staff found the proposed request was not in compliance with the Caldwell City Code and was not in conformance with the Comprehensive Plan; therefore, staff did not support the application; however, if the Commission recommends approval of the request, that such request was subject to the conditions as specified in the Findings of Fact, Conclusions of Law and Order of Decision. Jacob Booher (Applicant) 2269 S. Aburge Ave., signed in favor of the request but did not provide testimony. Jessica Heggie (Representative) 306 NE 2nd St., spoke in favor of the request and stated she was representing the applicant. Ms. Heggie provided a description of the proposed development and noted that the project had to be redesigned, since they lost approximately a quarter of an acre due to a major road expansion. Ms. Heggie mentioned that one of the major items brought up at the neighborhood meeting were the windows on the property. There would be no windows on the first floor fronting the neighbors to the east; however, there would be windows on the second story. They have an option to make the windows higher on the master bedroom, except bedroom one in the center of the second floor. That window would be required to be an egress window, and that would be the only window looking into the neighboring property. Commissioner Harman asked if the Fire Department was okay with having a short driveway. Ms. Heggie concurred. Julie Hamilton 14452 Kirby Ct., signed in opposition of the request and stated she lived directly behind the proposed development. Her concern was that the height of the building would tower over her property and would lose the view. Her other concerns were more population and traffic. Terry Martin (Attorney) 19751 Red Top Road., signed in opposition of the request and stated he was council for John and Shawna Paine (16488 S. Montana Avenue). He noted that the primary concern was traffic. He did not understand why there was not a traffic study done, since this was the thoroughfare between Highway 55 and Vallivue High School, on the corner of Homedale and Montana. He mentioned that the architect indicated that in order to allow for ingress/egress, this project was changed from a 16 units to a 12 unit development. As a result, there would be two private driveways, servicing six units that would be going in and out onto one of the busiest streets in the City. Other significant concerns were to build high density adjacent to low density. In addition, another property near the development had fuel tanks buried in the far end north of the property. He suggested for an investigation to be done to determine environmental issues relative to it. John Paine 16488 S. Montana Venue., signed in opposition of the request but did not provide testimony. Page | 7 Planning and Zoning Minutes 08/09/2023 Alberto Godoy 16500 S. Montana., spoke in opposition of the request and expressed concern with heavy traffic and car accidents. He mentioned he spoke with everyone that lived within 300’ and 70% indicated they did not receive the letter notifying them of the meeting. Other concerns were losing their view, privacy and that the elevations were uneven. In rebuttal, Ms. Heggie stated that the development would provide a positive benefit of affordable homes for people in the Caldwell community. She addressed the concerns as follows:  Grading – Engineering would determine requirements where the grades would need to be with the development.  Ingress/Egress – There would be two driveways and 12 units or possibly 16 units, generating 32- 24 cars. The surrounding subdivisions have several houses, and possibly two to four entry points with double the amount of ingress/egress out of the subdivisions.  Fuel Tanks – That would be ecologically resolved per EPA standards.  Neighborhood Meeting Letter – She personally hand stuffed the envelopes and were mailed to the addresses that Planning & Zoning provided.  Blocking of Views – Even if they met all the requirements of Planning & Zoning, and they only had 12 units, there was nothing restricting them from building a two-story structure along the neighboring views. MOVED by Boutros SECONDED by Larsen to close the testimony portion of the public hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ANN23-000008 / CPM23-000005 (Montana Ave. Multi-Family) 1. Staff Report and presentation documents 2. Applicant presentation documents 3. Sign-up sheets COMMENTS FROM COMMISSION MEMBERS CONCERNING THE REQUEST: Commissioner Boutros noted there was an unusual recommendation for denial from staff. He did not believe this was an appropriate development for Caldwell, because it looked as a forced design trying to make use of incompatible property. Commissioner Harman concurred with Commissioner Boutros, and stated he did not like the short driveway. He felt the applicant had to return with a more solid plans, since it was mentioned there were 12 or 16 units. Ms. Wright stated the site plan submitted with the proposed development showed 16 units; however, after the recommended changes they discussed the possibility of 12. Commissioner Larson clarified that traffic impact studies only happen based on dwelling unit quantity. He thought the houses looked phenomenal; however he felt it did not fit the area. He did not think he could recommend approval, and suggested smaller houses would better fit that piece of land. Page | 8 Planning and Zoning Minutes 08/09/2023 Chair Zamora concurred with the Commissioners. He questioned the compatibility of the space, and that there was no natural transition that occurred, between low and high density. He was not in favor of approving this request. ORDER OF DECISION ON CASE NO. ANN23-000008 / CPM23-000005 (Montana Ave. Multi- family) MOVED by Boutros SECONDED by Larson based upon 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 the Annexation of the parcel with a proposed zoning designation of R-3 High Density Residential is recommended for denial due to the development not being compatible with the surrounding zoning, it is also inconsistent with the goals and policies within the land use chapter of the Comprehensive Plan. And the request for ANN23-000008 is recommended for denial for the same reason. Roll call vote: Those voting yes: Zamora, Harman, Boutros, Larson Those voting no: None. Absent: None MOTION CARRIED (ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER CPM23-000004 / ZON23-0000004 / PUD23-000001 / SUB23-000003 – STAFF IS REQUESTING THIS ITEM BE REMOVED FROM THE AGENDA AND NOT BE HEARD THIS EVENING, THE APPLICATION WILL BE RE-NOTICED: NV5, ON BEHALF OF VIPER INVESTMENTS LLC IS REQUESTING A COMPREHENSIVE PLAN LAND USE MAP AMENDMENT FROM MDR (MEDIUM DENSITY RESIDENTIAL) TO HC (HIGHWAY CORRIDOR), AND A REZONE FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO H-C (HIGHWAY CORRIDOR), FOR APPROXIMATELY 39.039 ACRES OF THE NORTHERN PORTION OF PARCEL R3430901200 ADJACENT TO HIGHWAY 20/26, TO INCLUDE APPROVAL OF RESOLUTION # 97-23 ASSOCIATED WITH CPM23-000004 AND A DEVELOPMENT AGREEMENT ASSOCIATED WITH ZON23-0000004. CONCURRENTLY THE APPLICANT IS REQUESTING APPROVAL FOR A PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT FOR PARCEL R3430901200 (APPROX. 75.02 ACRES) AND R34297010B0 (APPROX. 43.47 ACRES) FOR A MIXED-USE DEVELOPMENT, ESCALON PARK, WITHIN A PROPOSED SPLIT ZONE OF R- 1 (LOW DENSITY RESIDENTIAL) AND H-C (HIGHWAY CORRIDOR) CONSISTING OF NINE (9) COMMERCIAL LOTS TOTALING 38.15 ACRES (INCLUDING RIGHT-OF-WAY), SIXTY (60) COMMON LOTS, ONE (1) ROAD LOT, TWO-HUNDRED AND FORTY (240) SINGLE FAMILY RESIDENTIAL LOTS, AND ONE (1) APARTMENT LOTS. THE DEVELOPMENT IS PROPOSING A TOTAL OF FOUR-HUNDRED THIRTY-TOW (432) DWELLING UNITS WITH A DENSITY OF 5.37 DU/ACRE. THE SUBJECT PARCELS ARE LOCATED ON THE SOUTH SIDE OF HWY 20/26 BETWEEN MIDDLETON ROAD AND MIDLAND BOULEVARD, IN CALDWELL, IDAHO.) MOVED by Boutros SECONDED by Harman that New Business Item #2 for CPM23-000004 / ZON23- 0000004 / PUD23-000001 / SUB23-000003 (Escalon Park) be continued removed from the agenda and will be re-noticed by Planning and Zoning staff. MOTION CARRIED (ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER ANN22-000016 / CPM23-000003 - STAFF IS REQUESTING THIS ITEM BE REMOVED FROM THE AGENDA