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HomeMy WebLinkAbout2023-11-22 P & Z MinutesAPPROVED Date 2-JC! Z-q PLANNING AND ZONING COMMISSION REGULAR MEETING AGENDA Wednesday, November 22, 2023 @ 6:00 pm Caldwell Police Department, Community Room, 110 S. 5" 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, Whitbeck Absent: Boutros CONFLICT OF INTEREST DECLARATION (if any). SPECIAL PRESENTATIONS. None CONSENT CALENDAR: (ALL CONSENT CALENDAR ITEMS ARE ACTION ITEMS) None REVIEW OF PROCEEDINGS (OPENING STATEMENT) OLD BUSINESS: ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CONTINUED FROM NOVEMBER 8, 2023 - CASE NUMBER CPM23-000009, PUD23-000003, SUB23-000026, ZON23-000008: ARDURRA, ON BEHALF OF FLORIDA-KARCHER LLC, IS REQUESTING A COMPREHENSIVE PLAN LAND USE MAP AMENDMENT FROM HIGHWAY CORRIDOR AND COMMERCIAL & SERVICE, TO HIGHWAY CORRIDOR AND MEDIUM DENSITY RESIDENTIAL, TO INCLUDE APPROVAL OF RESOLUTION 216-23 ASSOCIATED WITH CPM23-000009. THERE IS A ZONING MAP AMENDMENT APPLICATION AND DEVELOPMENT AGREEMENT TO CHANGE THE ZONING FROM R-1 (LOW DENSITY RESIDENTIAL), C-I (NEIGHBORHOOD COMMERCIAL), AND C-2 (COMMUNITY COMMERCIAL) TO 18.38 ACRES OF R-2 (MEDIUM DENSITY RESIDENTIAL) AND 44.15 ACRES OF H-C (HIGHWAY CORRIDOR) AS APPROXIMATELY IDENTIFIED IN THE MAP BELOW. CONCURRENTLY THE APPLICANT IS REQUESTING APPROVAL FOR A PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT FOR PARCELS R3274300000 AND R3274400000 FOR KARCHER COMMONS, AN APPROXIMATELY 62 ACRE MIXED USE SUBDIVISION, WITH 336 MULTI -FAMILY UNITS, 196 TOWNHOME STYLE MULTI- PLEX UNITS, AND 16 COMMERCIAL UNITS. THE SUBJECT PARCELS ARE LOCATED ON THE NORTH SIDE OF KARCHER RD., THE FULL WIDTH OF LAND BETWEEN INDIANA AVE. AND FLORIDA AVE., IN CALDWELL, IDAHO. (JOE DODSON) Joe Dodson, (Planner 3), 621 Cleveland Blvd., provided the staff report. He stated the commercial uses are not yet known but are planned for and have specific layouts for commercial use. He noted approximately 60% of non -permitted use is proposed through the PUD. Mr. Dodson said Staff has analyzed this project and it is in compliance. He stated Vallivue responded stating additional schools are necessary which would require a new bond. Mr. Dodson noted a late exhibit, PZ 1001, a public comment by ITD, was submitted which was in response to the latest TIS that was provided by the applicant. He stated in general, staff, engineering, and ITD agree with the recommendation from the TIS. Mr. Dodson pointed out an opposing public comment addressing concerns about safety, traffic and additional noise. He added the applicant is requesting modified setbacks as a part of the PUD. Staff is requesting an updated landscape plan prior to Council that shows a required pathway along the Phyllis Canal that's within the multifamily area. That will comply with the master's pathway plan and will connect to some existing pathways. Mr. Dodson said staff recommended approval of the request subject to the conditions provided in the draft Findings of Facts and Conclusions of Law documents attached to the staff report; but with the modification to allow the zero foot setback for the multiplex lots as depicted on the plat. In response to Chair Zamora's question about flexibility that is allowed in the PUD application, Mr. Dodson explained historically the City of Caldwell has allowed non -permitted uses to get up to 30% through the PUD process and the special permitted there was no review on that. He added Staff will address that in the future but for now it is requested the Commissioners waive the total 62% of special use and non -permitted multifamily units in the medium density and highway corridor be permitted. Mr. Dodson noted the requested density is under maximum allowances. Commissioner Larson asked how we're preserving and enhancing key areas along the highway. Mr. Dodson explained the need to preserve and enhance the noise levels for single-family homes. He noted there isn't a specific distance, but it is within walking distance to commercial and service uses which will reduce vehicular traffic in the area. Mr. Dodson said there isn't anything documented about public transportation in this application and provided examples as to what other cities have done to address the issue. Deputy Director, Morgan Bessaw stated there has been conversation about public transportation where Karcher will support that but the numbers of people need to articulate that. Chair Zamora calls late exhibit PZ1001, the ITD letter, into the record. Brent Thompson, applicant, 7068 Founder St. Eagle, Idaho, speaks on behalf of the program. He stated he is working with planning staff and economic development in getting commercial property and multi- family development brought in. Becky Yzaguirre, (Representative), 2471 S. Titanium PI., Meridian ID 83642, spoke in favor of the request by use of a power point presentation. She noted it is a mixed use project offering housing, commercial and dining. She noted they are requesting to amend the comprehensive plan amendment and rezone to zoning designations R-2 and H-C. She described the planned unit development will have 46% residential use and 54% commercial use. She described the variety of housing and amenities that will be provided, parking, commercial use, traffic and roadway plans and landscaping. Ms. Yzaguirre asked for deviations from the R-2 and to exceed the maximum 30% of non -specialty permitted units to accommodate the townhome and multi family apartments. She pointed out per city code are specially permitted uses putting them over the 30%. She said they are asking for an adjustment of 62% to accommodate the proposed development. She explained there are some discrepancies in the city code and comprehensive plan that helped to justify their request and feel their request is reasonable. In response to questions from Commissioner Larson, Ms Yzaguirre described they follow ITD plans and that their development proposal will have a 10-foot pathway on both sides of the road; including connectivity throughout the development as well. She said because of the recent school bond approval, they did not offer any donations. Commissioner Harman's question about traffic was addressed by Robb McDonald, Public Works Director, stated there will not be any lights to control traffic. Instead, there will a RCUT intersection which will control the direction of traffic at that intersection. Ms. Yzaguirre said the 0% setback does not change the 62% deviation when asked by Chair Zamora Brent Thompson spoke again regarding the housing types were based off of the comprehensive plan and will be priced according to today's market. Zane Cradick, (Engineer) 332 N. Broadmore Way, Nampa speaks in favor as the engineer of this project. He asked the commissioners for questions which they did not have any There was no public input; therefore, rebuttal was not necessary. MOVED by Larson SECONDED by Harman to close the testimony portion of the public hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. CPM23-000009 / PUD23-0000031 SUB23-000026 / ZON23-000008: 1. Staff Report and presentation documents 2. Applicant presentation documents 3. Sign-up sheets COMMENTS FROM COMMISSION MEMBERS CONCERNING THE REQUEST: Commissioner Harman likes the project; to include the commercial buildings being projected. Commissioner Larson likes the public amenities in the area as well as the commercial buildings. Chair Zamora expresses concern that 62% of land is non -compliant. He stated he would like to see this area be more commercial zone than residential. ORDER OF DECISION ON CASE NO. CPM23-0000091 PUD23-000003 / SUB23-000026 I ZON23- 000008: MOVED by Harman SECONDED BY Larson 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 CPM23-000009, a comprehensive plan land use map amendment to include Resolution 216-23, ZON23-000008 for a zoning map amendment, and PUD23-000003 and SUB23-000026 for a preliminary plat for Karcher Commons Planned Unit Development, a mixed -use subdivision, is recommended for approval, subject to the conditions of approval as presented with the modification of the zero foot setback. Roil call vote. Those voting yes: Harman, Larson, Whitbeck Those voting no: Zamora Absent: Boutros MOTION CARRIED NEW BUSINESS: ACTION ITEM: PUBLIC HEARING (LEGISLATIVE): CASE NUMBER: ZOA23-000002: THE CITY OF CALDWELL PLANNING AND ZONING DEPARTMENT IS REQUESTING A ZONING CODE AMENDMENT TO MODIFY CHAPTER 10, ARTICLES 1 AND 2, TO CREATE A P-D (PUBLIC DISTRICT), IDENTIFY ASSOCIATED PERMITTED USES AND LAND DEVELOPMENT STANDARDS; AND TO REFORMAT THE TABLES FOR CLARIFY AND CONSISTENCY. THIS ORDINANCE WOULD BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION, ACCORDING TO LAW; PROVIDES FOR SEVERABILITY; AND REPEALS CONFLICTING ORDINANCES, RESOLUTIONS, AND ORDERS. (JOE DODSON) Joe Dodson, (Planner 3), 621 Cleveland Blvd., provided the staff report by outlining its contents by use of a PowerPoint. Mr. Dodson noted late exhibit, PZ1000, due to late night changes from the night prior. He identified the three areas of modification: • Creating of a public zoning district • Modification to sign height allowances in the C-3 zone within the airport overlay • Update to the pool barrier code Mr. Dodson explained the purposes of each of the modifications. He advised the changes within text, footnote modifications and adding additional codes. He explained the public zoning district is consistent with the comprehensive plan. Chair Zamora reads late exhibit PZ1000 into the record. Sabrina Minshall, (Canyon County Development Services Director), 310 N. I I", Caldwell, ID 83605, spoke in favor of the request and indicated they are looking to build a new building for the sheriff's department. She explained that their funding has a short timeline and City Code does not allow them to work within the required timeline. She spoke of additional parking, tunnelling to the building and administrative offices being their primary goal of the building. She added that they have a lot of moving entities that could potentially cause traffic plans that they hope to address throughout their project. Ms. Minshall pointed out that these are ideas but they have not been submitted; she wanted to be sure the commissioners knew why she supported the addition of the public zoning district. Rick Britton, (Canyon County Facilities Director) 21140 Upper Pleasant Ridge Rd., Caldwell, ID 83607 Canyon County Facilities Director spoke in favor of the request. He stated safety is his biggest concern as well as the partnership between the county and the city. He believes that adding the public zoning district will enhance working conditions between them. MOVED by Harman SECONDED by Larson to close the testimony portion of the public hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. CPM23-000009 I PUD23-000003 / SUB23-000026 / ZON23- 000008: 1. Staff Report and presentation documents 2. AppIicant presentation documents 3. Sign-up sheets COMMENTS FROM COMMISSION MEMBERS CONCERNING THE REQUEST: Upon being asked by Commissioner Larson, Mr. Dodson advised the Planning and Zoning director will ultimately make the determination. ORDER OF DECISION ON CASE NO. ZOA23-000002 (CHAPTER 10 ARTICLES 1 AND 2, PUBLIC DISTRICT) MOVED by Harman SECONDED BY Whitbeck 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 ZOA23-000002 for a zoning code amendment, is recommended for approval, subject to the modification as presented. Roll call vote. Those who voted yes: Harman, Zamora, Larson, Whitbeck Absent: Boutros MOTION CARRIED ADJOURNMENT MOVED by Larson SECONDED by Harman to adjourn at 7:01 p.m. MOTION CARRIED Respectfully submitted by Sarah Davis, Planning and Zoning Planning Tech. MINUTES APPROVED AND SIGNED BY CHAIRMAN ZAMORA: on the date noted below. ATTEST: Robin Collins, Planning and Zoning Director Service Agreement for Mural Installation in Caldwell, Idaho This service agreement is made this day of January, 2024 ("Effective Date"), by and between the City of Caldwell, a municipal corporation organized under the laws of the State of Idaho ("City"), and Bobby Gaytan, ("Artist"), an individual whose address is 562 W Welch St, Meridian, Idaho 83646. WHEREAS, the City owns the pathway tunnel property located at l Oth and Arthur (hereinafter referred to as the "Tunnel"); WHEREAS, the City desires to have the Artist paint a mural in the Tunnel; WHEREAS, Artist will design a mural and identify materials for installation of said mural on the exterior walls of the Tunnel; WHEREAS, Artist and City have entered into a Service Agreement for Professional Services: Mural Design, Installation, and Maintenance ("Service Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals, setting forth specific conditions, compensation amount, and scope of work; and NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: 1. SCOPE OF SERVICES. Artist shall design and paint a large- scale, mural installation located in the tunnel pathway exterior 2 walls at I Oth and Arthur St in Caldwell, Idaho. Each wall is approximately 83' x 8' in size. The artwork to be created by the artist shall be suitable and acceptable for public viewing of all ages and advance the interests of the City of Caldwell. Throughout the design process, Artist shall seek input from City and "Stakeholders", and shall finalize the design only with consensus from all Stakeholders. At the conclusion of the design process, Artist shall deliver to City a to -scale rendering of the Mural design, including a depiction of all architectural features and fixtures to be accommodated. II. COMPENSATION. A. Total amount. The total payment to Artist for services rendered shall be eighteen thousand dollars ($ 18, 000.00). This amount shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist. B. Method of payment. Artist shall provide to City invoices for services and deliverables provided pursuant to the payment schedule set forth herein, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. Final Design: $2,000.00 shall be due to Artist upon Artist's delivery to Stakeholders an approved and final design of the Mural. 2. Installation: $ 4,000.00 shall be due to Artist upon Artist's commencement of the Mural Installation. 3. Final Completion: $12,000.00 shall be due to Artist for delivery of a Final Mural Installation. Ill. TIME OF PERFORMANCE. Artist shall meet the following deadlines: 1. Artist shall deliver up to three initial designs of the Mural to City. Stakeholders are tentatively scheduled to review the initial designs and provide feedback within two weeks of design delivery. 2. Artist shall deliver to City a provisionally final design which shall include a detailed, to -scale rendering of the Mural design, including a depiction of all architectural features and fixtures to be accommodated. Stakeholders are tentatively scheduled to review the final design and give final feedback within two weeks of final design delivery. 3. Mural installation shall begin when design is approved by stakeholders. IV GENERAL PROVISIONS. A. Stakeholders' designated representatives. Stakeholders have vested in the representatives from the following City Departments the authority to provide to Artist input and approval regarding proposed mural designs: Parks and Recreation, Public Works, Economic Development, and Planning and Zoning. B. Limited edition. Artist does, and shall, warrant and represent that the design and mural provided pursuant to this service agreement have never heretofore been designed, fabricated, installed, created, published, or copied and that Artist is the sole creator and owner of all rights in such designs. IN WITNESS WHEREOF, the parties hereto have executed this Service agreement on the Effective Date first written above. ARTIST: Bobby Gaytan CITY OF CALDWELL: Iarom Wagoner, Mayor