HomeMy WebLinkAboutP & Z - Hearing ExaminerPLANNING AND ZONINGMEARING EXAMINER
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GARRETNANCOLAS
Mayor
20S.455.3011
(0 208ASS3003
City Hail
411 Blaine Street
Caldwell, Idaho 83605
Post officeBox
P.O. Box 1179
Caldwell, Idaho 836o6
For a list of the City
Council members, visit:
websfte
www.cityofcaldwell.com
CITY OI r
Caldwell Planning & Zoning Commission Special Meeting agenda for Public Hearing on Tuesdal
June 18, 2019 at 7:00 p.m., in the Community Room, Caldwell Police Department, 110 South 5"'
Avenue, Caldwell, Idaho.
AGENDA
L Call to Order
II. Review of Proceedings
III. Old Business:
ACTION ITEM: Approve Minutes of the May 14, 2019 meeting as signed by Chairperson Doty-
Pomoransky.
IV. New Business:
ACTION ITEM. Case Number ANN-19-031SUP-19-10: A request by Steve Harmsen and
Superior Signs to annex 3,79 acres, more or less, with a C-3 (Service Commercial) zoning
designation. Also being requested is a special -use permit to construct an off -premise (billboard)
sign within the proposed C-3 (Service Commercial) zoning district. The subject property is
located at 3801 Hwy 20126 (Parcel # R3527700000) in Caldwell, Idaho.
ACTION ITEM: Case Number PUS-19P-01: A request by JUB Engineers for a Planned Unit
Development with a Preliminary Plat for Hampshire Place Subdivision consisting of 5.9 acres,
more or less, with 39 residential lots, and 8 common lots. The subject properties are located at the
northwest comer of Spruce Street and Georgia Avenue, in Caldwell, Idaho (Parcel # R0409700000,
R0409600000, & R0410000000).
ACTION ITEM. • Case Number ANN-19-02 & SUB-19P-03: A request by A11Terra Consulting,
LLC and Adam Fuhriman to annex 14.9 acres, more or less, with an R-1 (Low Density Residential)
zoning designation with a development agreement, and for Preliminary Plat approval of Covington
Square Subdivision consisting of 14.9 acres, more or less, to be subdivided into 29 residential lots
and 5 common lots. The subject property is located at the southwest corner of Linden Street and
Dorman Avenue in Caldwell, Idaho.
ACTION ITEM.- Case Number OA-19-03: A request by the City of Caldwell Planning and
Zoning Department to amend portions of Chapter 10, the Zoning Ordinance, of City Code.
ACTIONITEM. Case Number DAA-19-01: A request by the Caldwell Urban Renewal Agency
to terminate the Development Agreement that was approved as part of Case No. ZON-58-08
recorded as Instrument Number 2008051187, and any amendments thereafter. The Development
Agreement is associated with the property located directly west of the intersection of Smeed
Parkway and Thomas Jefferson Street (Parcel # R3530701000) in Caldwell, Idaho.
V. Planning and Zoning Issues, If any.
VI. Next Planning and Zoning Commission Scheduled Public Meeting Date: July 9, 2019.
VII. Adjourn
SUGGESTIONS FOR TESTIFYING AT PUBLIC HEARINGS
I. Remember your objective...It is your objective to persuade the decision makers to vote or decide in favor of your side of d
issue. It will not help your cause to anger, alienate or antagonize the decision makers who are listening to your presentation.
2. Show your strength... Many neighborhood groups have organized their testimony by having one or a few people speak on beha
of the group. The leader will ask those in the audience supporting the testimony to stand. This conveys to the decision makers tl
seriousness with which the issue is viewed by the attending parties.
1 Speak to the point... Public officials have heard hundreds of people give testimony. They are grateful when the testimony
pertinent, well organized, and directly regards the matter at hand. Long stories, lectures or philosophy, abstract complaints abo
generalities, or redundant testimony are usually a poor use of time.
4. Slate your recommendation.
5. Be informed.... Get a copy of the plan being heard, the staff report, the proposed ordinance, or other pertinent material. Then rer
it and plan your comments accordingly.
6. If you don't wish to speak, write it down... and submit it prior to the heating. If written testimony is specific, to the point at
concise, it will be given as much attention as oral testimony.
7. Be reasonable....Put yourself in the shoes of the decision makers. They must balance all points of view, interests and proposa
being made, and find the best course for the overall public good. While. Be prepared to compromise.
Any person needing special accommodations to participate in the meeting should contact the City Office at 208 455464
prior to the meeting.
Cualquier persona necesitando comodidades especiales pars participar en ]a reuni6n debe contactar al las oficinas de la Ciudad
(lame a 208 455- 4664 antes de la reunibn.
CITY OF CALDWELL
CALDWELL PLANNING AND ZONING COMMISSION MINUTES
Community Room, Caldwell Police Department
110 South 51h Avenue, Caldwell, Idaho
June 18, 2019, 7:00 P.M.
Call to Order -Chairperson Doty-Pomoransky called the meeting to order at 7:05p.m.
Review of Proceedings -
Roil Call -
Members Present: Ed Doty- Pomoransky, Betsy Hunsicker, Dana Vance
Members Absent: James Nelson, Roger Page
Staff Present: Jarom Wagoner (Senior Planner/Development Team Leader), Robb
MacDonald (City Engineer), Lori Colligan (Administrative Secretary)
Staff Absent: None
Old Business: Approve minutes of May 14, 2019, regular meeting as previously signed by
Chairman Doty-Pomoransky.
MOTION: Commissioner Vance. SECOND: Commissioner Hunsicker. Passed: Unanimous roll call
vote.
New Business:
1. Case Number ANN-19-03:SUP-19-10: A request by Steve Harmsen and Superior Signs
to annex 3.79 acres, more or less, with a C-3 (Service Commercial) zoning designation. Also being
requested is a special -use permit to construct an off -premise (billboard) sign within the proposed C-3
(Service Commercial) zoning district. The subject property is located at 3801 Hwy 20126 (Parcel #
R3527700000) in Caldwell, Idaho.
Testimony:
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting to annex 3.8 acres with a C-3 zoning designation.
The applicant is also requesting approval to install an off -premise (billboard) sign. Billboards must
be separated by a quarter mile distance.
Commissioner Hunsicker asked if the conditions he just stated were different then what was in the
staff report.
Mr. Wagoner stated yes.
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Commissioner Hunsicker asked if there were restrictions on the height of a billboard.
Mr. Wagoner stated that a 30 foot billboard is being proposed and that is well within the
requirements for this zone.
Mr. Wagoner stated that Commissioner Vance will recuse herself from this case as she is the
applicant and owner of Superior Signs. We have reviewed code and it states that in regards to a
quorum it includes all those commissioners present, including those who have recused themselves.
They do not get to vote or discuss but they are part of the quorum.
Ms. Dana Vance, 120 N 215C Ave, Caldwell, Idaho (applicant) stated that she is here to request a
special use permit for a billboard. They originally had this recommended to be approved in the
count but the city was looking at the application and it made sense to annex into the city since they
are surrounded by city. In order to have a billboard it has to be a commercial zone. The owner is
approached annually to rent a small piece of his property for a billboard. The owner does have
some site restrictions, there is approximately 400 feet of frontage on 20/26 and of that, there are 2
40 ft driveways. They would be required to have 8 to 10 trees max but they are also losing the
driveway space. She is requesting that the 10 trees and 50 shrubs would be adequate.
Ms. Vance said her client is also requesting a deferral agreement on the landscaping as the area is
still mostly agriculture. They would like a 12 month deferral or until someone else develops in the
area.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Hunsicker. SECOND: Commissioner Doty.
Passed: Unanimous voice vote.
ANNEXATION:
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Hunsicker.
SECOND: Commissioner Doty. Passed: Unanimous voice vote.
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed and the evidence list. MOTION: Commissioner Hunsicker. SECOND:
Commissioner Doty. Passed: Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Doty.
Passed: Unanimous voice vote.
RECOMMENDATION FOR ANN-19-03 (Annexation) MOTION: Commissioner Hunsicker that Case
Number ANN-19-03 be approved with the following conditions: 8.2 - 8.5 with the revision of 8.4 to
install a 20 ft landscape buffer, 10 class 11 trees and 50 shrubs. Revision to 8.5 to construct a 5 ft
detached concrete sidewalk along the frontage and the addition of 8.6 to allow landscaping to be
deferred for 12 months or until development is approved on the east, west or south side of this
property or within a 120 day notice request of the City of Caldwell. SECOND: Commissioner Doty.
Passed: Unanimous roll call vote.
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SPECIAL USE PERMIT:
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 9.1 and 9.2. MOTION: Commissioner Hunsicker.
SECOND: Commissioner Doty. Passed: Unanimous voice vote.
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed and the evidence list. MOTION: Commissioner Hunsicker. SECOND:
Commissioner Doty. Passed: Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Doty.
Passed: Unanimous voice vote.
ORDER FOR SUP-19-10 (Special Use) MOTION: Commissioner Hunsicker that Case Number SUP-
19-10 be approved with the following conditions 12.2 - 12.6 with the revision of 12.3 to a minimum
20 ft wide landscape buffer with 10 class 11 trees and 50 shrubs and the revision of 12.5 will be a 5
ft detached sidewalk (matching the conditions of approval in the Annexation) and the addition of
12.7 to allow landscaping to be deferred for 12 months or until development is approved on the
east, west or south side of this property or within a 120 day notice request of the City of Caldwell.
SECOND: Commissioner Doty. Passed: Unanimous roll call vote.
2. Case Number PUD-I9P-01: A request by JUB Engineers for a Planned Unit
Development with a Preliminary Plat for Hampshire Place Subdivision consisting of 5.9 acres, more or
less, with 39 residential lots, and 8 common lots. The subject properties are located at the northwest
corner of Spruce Street and Georgia Avenue, in Caldwell, Idaho (Parcel # R0409700000, R0409600000,
& R0410000000).
Testimony:
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting approval of a Planned -Unit Development (PUD)
consisting of 39 residential lots and 8 common lots.
There is a requirement of four required optional amenities in a Planned Unit Development. The
applicant is proposing a basketball court, gazebo and BBQ area, energy star efficient housing and a
playground. Conditions outline that they develop the property as proposed in compliance with
their site plan. A PUD also allows for deviations from typical standards which would include the
side yard setback reduced to 5 feet, minimum lot size reduced as well as minimum lot frontage
reduced. Within the PUD they are allowed to ask for those reductions since they are providing
additional amenities.
Commissioner Hunsicker what is a PUD how does it differ from other subdivisions.
Mr. Wagoner stated that PUD is where you take a mix of housing or uses where you can incorporate
commercial uses within housing areas and you can have different types of housing uses; from single
family to 4-plexes to multi family. It's congregating uses that still flow and go together within a
confined area. PUD can also be on small infill projects.
Wendy Shrief, JUB Engineers, 250 S Beechwood Ave., Boise, ID stated that this is an infill property
and said that Jarom and the Engineering department have been great to work with. They are
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proposing 39 residential lots. They will be doing single-family detached housing. It will probably
be a development for young families. They will propose a variety of housing types. They are
providing a few amenities. They will be doing some hefty road improvements to the streets. They
are in agreement with the staff report and conditions.
Commissioner Hunsicker asked why not use an alley configuration in a tight development like this.
Ms. Shrief said that with an alley, you are still fronting on a public street and then an alley behind
your home and you end up using a lot of land in putting a lot of money into paving those streets.
There are only certain circumstances where it makes sense.
Commissioner Vance asked if they provided staff with some changes/conditions regarding roadway
improvements.
Mr. Wagoner stated he has the changes to the Engineering staff report and those will go to City
Council.
Shawn Brownlee (in favor), 9839 W. Cable Car St., Boise, Idaho signed in favor but chose not to
speak.
Amanda Lowman, (neutral) Caldwell Irrigation Lateral District, 1616 E Chicago, Caldwell, Idaho
stated they have a pump house on the corner by the low lying canal that is one of their major ports
that they send into their irrigation system. They attended the neighborhood meeting and asked if
this development was going to impact where their pump station is located. They still have never
received conformation if this development will affect their pump house or where their fence is.
They have not heard back from anyone. They need to know what will happen to their pump
stations.
Terry Dye, (neutral) 2419 E Beech St., Caldwell, Idaho stated they have concerns with the traffic on
Beech Street and Georgia. His concern is the irrigation canal on Georgia and Beech Street. All the
properties on Beech Street use that and that will be a problem. They were told it would be tiled.
They are in favor of road improvements.
Carrie Dye, ( neutral) 2419 E. Beech St., Caldwell, Idaho signed neutral but chose not to speak.
Rebuttal:
Ms. Shrief stated that they have talked to Caldwell Irrigation a couple of times. They have a fence
that is encroaching slightly on the southern part of their property. They will work with them to
have that resolved.
Mr. Doty asked if they have addressed the concern of encroaching on their screens.
Mr. Shrief stated she will work with them. Regarding Mr. Dyer's comments regarding irrigation
they will be working with Pioneer Irrigation, they cannot negatively affect irrigation water. They
are protected by state statutes.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Hunsicker. SECOND: Commissioner
Vance. Passed: Unanimous vaice vote.
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Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in SA and 5.2. MOTION: Commissioner Hunsicker.
SECOND: Commissioner Vance. Passed: Unanimous voice vote
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed and the evidence list. MOTION: Commissioner Hunsicker, SECOND:
Commissioner Vance. Passed: Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Vance. SECOND: Commissioner Hunsicker.
Passed: Unanimous voice vote.
ORDER FOR PUD-I9P-01 (Planned Unit Development) MOTION: Commissioner Vance that Case
Number PUD-19P-01 be approved with the following conditions: 12.2 -12.10 with the addition of
12.11 to state that homes shall be substantially similar as PZ-1003 (photos of homes). SECOND:
Commissioner Hunsicker. Passed: Unanimous roll call vote.
3. Case Number ANN-19-02 & SUB-19P-03: A request by AIITerra Consulting, LLC
and Adam Fuhriman to annex 14.9 acres, more or less, with an R-1 (Low Density Residential)
zoning designation with a development agreement, and for Preliminary Plat approval of Covington
Square Subdivision consisting of 14.9 acres, more or less, to be subdivided into 29 residential lots
and 5 common lots. The subject property is located at the southwest corner of Linden Street and
Dorman Avenue in Caldwell, Idaho.
Testimony:
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting approval to annex 14.9 acres, with an R-1 (Low
Density Residential) zoning designation and approval of a Preliminary Plat for Covington Square
Subdivision, consisting of 29 residential lots.
Mr. Wagoner read a letter submitted by a Mr. Renstrom.
Mr. Jay Walker, (applicant) AIITerra Consulting, 849 E State St. Eagle, Idaho stated he has
appreciated working with staff. They are requesting annexation with R-1 zoning and a comp plan
change from Commercial to Residential and for a preliminary plat. They are located within the area
of impact.
They will be agreeable to work with Mr. Renstrom and try to be agreeable to their requests and
leave them in an equal to or greater situation.
Commission Doty asked where the mailboxes will be located in this subdivision.
Mr. Walker stated they have a common park and there will be a coordinated cluster box.
Commissioner Hunsicker asked if there would be fencing along the perimeter.
Mr. Walker stated yes, a 6 ft vinyl fence.
Adam Fuhriman, (in favor), PO Box 213, Star, Idaho signed in favor but chose not to speak.
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Janet Trumble, (neutral) 2903 Farmway Road, Caldwell, Idaho stated that she is concerned with
right-of-way and losing her trees and gardens. They would like that area to stay vacated.
Tim Trumble, (neutral) 2903 Farmway Road, Caldwell, Idaho stated that he wanted to bring a
couple of things regarding the annexation. He doesn't have a problem with the development just
the annexation and their property being the border between city/county. They have heard about a
buffer and he is for that and the Eft fencing. His other concern is they flood irrigate their property
and when it overflows it floods the Covington Square property.
Richard Renstrom, (neutral), 2821 Dorman Ave., Caldwell, Idaho brought a letter that was read by
Mr. Wagoner.
Gerri Schoonderwood (opposed), 1003 Lannahan P1, Caldwell Idaho stated she has lived on Dorman
Avenue for 12 years. They are not in the City limits. When they moved there they chose to not live
in the City, that was their personal choice. They can have a garden, shoot a gun, grow a garden if
that is what they choose to do. Dorman Road is a nice country road. When you put 39 houses that
will have an entry right there, that takes their freedom away of ever having a quiet road again.
There is a lot of places to grow subdivisions this is not the right place. They will have school buses
up and down that narrow road. They don't have any stop lights. The speed limit is 35 mph. People
go 45 mph. You are going to make this country Dorman road a busy road. When they attended the
meeting back in December the reason they all went is because several of them is concerned that the
City may want to annex them in too. It devalues them and their choices. They were told at the
meeting if they didn't like it they could move to Weiser. Where are their rights without being told
they have to move out of the area.
Commissioner Hunsicker asked if the Meadows Sub was there when she bought her house.
Gerry replied yes.
Mr. Robert Schronderwood, (Opposed),1003 Lannahan PI, Caldwell Idaho (Opposed) stated the
meeting that was held last year, there were 40 to 50 people who attended. There was standing
room only. They are talking about a C store on the corner of Linden and Farmway. It was stated
the lots would be bigger than any lot in this area. What is the actual size of the houses on these
lots?
Marcene Robertson (opposed), 2909 Dorman Ave., Caldwell, Idaho signed in opposition but chose
not to speak.
Rebuttal:
Mr. Jay Walker stated that it's good to have community input. They are a local company and they
are concerned about doing the right thing. They will work with Trumble's on the drainage. He may
need to correct the number of people who attended the meeting. He never told anyone to move
anywhere. There are 29 lots not 39 lots. They are not talking about a huge volume increase of
traffic. He stated in his summary that these neighbors did not want to be annexed. He told Mr.
Wagoner about their concerns. They are excited about the project and hopes he answered some of
the questions. He wants to put in a high quality project.
Commissioner Doty asked if they had photos of the homes that would be going in.
Mr. Walker stated no.
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Commissioner Hunsicker asked about the range of lot sizes.
Mr. Walker stated there will be .2 and .6 acre homes. There is a variation. They meet all the
ordinances.
Commissioner Doty asked what the size of home would be.
The owner stated they will be 1800 to 2600 sq ft homes.
Commissioner Hunsicker stated she had concerns about the density of R-1 and mixing the lot sizes.
Mr. Walker stated a lot of that had to do with pocket parks and location/orientation while
maintaining the access points. He doesn't believe anyone would be able to view the differences,
they are organized in a way that is very marketable. They are all adequate size.
Mr. Walker stated the smallest lots are the ones located in the cul-de-sac because the cul-de-sac
takes up a lot of the space. Most are a 1/3 acre or larger.
Commissioner Hunsicker asked staff if we have enough information to move forward.
Mr. Wagoner stated yes, this is a preliminary plat.
Commissioner Doty asked about moving forward without the right-of-way information.
Mr. Wagoner stated they could verify that information prior to taking this to the City Council
meeting.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Vance. SECOND: Commissioner
Hunsicker. Passed: Unanimous voice vote.
ANNEXATION:
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Hunsicker.
SECOND: Commissioner Vance. Passed: Unanimous voice vote
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Vance. SECOND: Commissioner Hunsicker. Passed:
Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Vance.
Passed: Unanimous voice vote.
RECOMMENDATION FOR ANN-19-02 (Annexation) MOTION: Commissioner Hunsicker that Case
Number ANN-19-02 be approved with the following conditions: 8.2 - 8.3 SECOND: Commissioner
Vance. Passed: Unanimous mall vote.
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PRELIMINARY PLAT:
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 9.1 and 9.2. MOTION: Commissioner Hunsicker
SECOND: Commissioner Vance. Passed: Unanimous voice vote
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Vance. SECOND: Commissioner Hunsicker. Passed:
Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Hunsicker, SECOND: Commissioner Vance.
Passed: Unanimous voice vote.
RECOMMENDATION FOR SUB-19P-03 (Preliminary Plat) MOTION: Commissioner Vance that
Case Number SUB-19P-03 be approved with the following conditions: 12.2 -12.17 SECOND:
Commissioner Hunsicker. Passed: Unanimous roll call vote.
4. Case Number OA-19-03: A request by the City of Caldwell Planning and Zoning
Department to amend portions of Chapter 10, the Zoning Ordinance, ofCity Code.
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner stated this case is being
continued to the July 9, 2019 meeting.
Motion to continue: Vance. Second: Hunsicker. Passed: Unanimous roll call v„
S. Case Number DAA-19-01: A request by the Caldwell Urban Renewal Agency to
terminate the Development Agreement that was approved as part of Case No. ZON-58-08 recorded
as Instrument Number 2008051187, and any amendments thereafter. The Development
Agreement is associated with the property located directly west of the intersection of Smeed
Parkway and Thomas Jefferson Street (Parcel # R3530701000) in Caldwell, Idaho.
Testimony:
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report
and stated that the applicant is requesting to terminate the existing development agreement that is
tied to Parcel R35307-010 and recorded Instrument # 2008051187. The required conditions listed
in the development agreement are no longer applicable to the subject property and the applicant
wishes to terminate the entire agreement.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Hunsicker. SECOND: Commissioner
Vance, Passed: Unanimous voice vote.
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Hunsicker
SECOND: Commissioner Vance. Passed: Unanimous voice vote
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Vance. SECOND: Commissioner Hunsicker, Passed:
Unanimous voice vote.
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Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION; Commissioner Hunsicker_ SECOND: Commissioner Vance.
Passed: Unanimous voice vote.
RECOMMENDATION FOR DAA-19-01 (Development Agreement Amendment) MOTION:
Commissioner Hunsicker that Case Number DAA-19-01 be approved. SECOND: Commissioner
Vance. Passed: Unanimous roll call vote.
V. Planning Issues -
A. Next Planning and Zoning Commission Scheduled Public Meeting Date:
July 9, 2019.
VII. Adjournment MOTION: Commissioner Hunsicker SECOND: Vance.
The meeting was adjourned at approximately 10.10 p.m.
MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-POMORANSKY ON THE DATE
NOTED BELOW:
ODopty-Pom�'ar
or nsky, Chair Date
ATTEST:
.�- \�
Jarom Wago r, AICP, Senior Planner
FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING.
Page 19
Planning and Zoning Minutes
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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: Hampshire Place Sub
CASE NUMBER: PUD-19P-01
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A
Recommendation by the Caldwell Planning and Zoning Commission
City of Caldwell, Idaho
Public Hearing Held June 18, 2019
Subject: Case No. PUD-I9P-01 (Hampshire Place)
The following Land Use actions are the primary features of this application:
• Planned Unit Development with Preliminary Plat for Hampshire Place Subdivision consisting of 5.9
acres, more or less, with 39 residential lots and 8 common lots.
TABLE OF CONTENTS:
1 COURSE OF PROCEEDINGS
II GENERAL FACTS
III TESTIMONY
IV APPLICABLE LEGAL STANDARDS
V COMPREHENSIVE PLAN ANALYSIS
VI FINDINGS OF FACT
VII CONCLUSIONS OF LAW
VIII RECOMMENDATION
1 COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application
PUD-19P-01 to be held on June 18, 2019. Public notice requirements set forth in Idaho Code.
Chapter 65, Local Planning Act, were met. On, or before, June 2, 2019, notice was published in the
Idaho Press Tribune, and on, or before, May 31, 2019 notice was mailed to all political subdivisions
providing services to the site and to all property owners within 300 feet of the project site; and on,
or before, June 6, 2019 notice was posted on the site.
1.2 On June 18, 2019 the Caldwell Planning & Zoning Commission recommended approval to the City
Council for the PUD request.
1.3 Files and exhibits relative to this application are available for review in the Planning and Zoning
Department, 621 Cleveland Boulevard, Caldwell and at applicable public hearings.
II GENERAL FACTS
2.1 APPLICANT: Scott Wonders, JUB Engineers, 250 S. Beechwood Avenue, Boise, Idaho, 83709.
2.2 OWNER: JUB Engineers, 250 S. Beechwood Avenue, Boise, Idaho, 83709.
2.3 REQUEST: The applicant is requesting approval of a Planned -Unit Development (PUD) consisting
of 39 residential lots and 8 common lots.
The applicant is proposing the following amenities as part of the development: Basketball Court,
Gazebo & BBQ Area, Energy Star Certified Housing, Playground.
2.4 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map designation for the
site is Medium Density Residential.
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Medium Density Residential- Suitable for infill development or a transitional district to include a
mixture of dwelling choices (attached and detached), churches, schools, group day care facilities,
public facilities, and limited neighborhood commercial uses. Manufactured home parks and
manufactured home subdivisions may be located in designated and selected medium density areas.
The residential density range shall not exceed four (4) dwelling units per gross acre for a single-
family residential subdivision and shall not exceed ten (10) dwelling units per gross acre for a mixed
use (planned unit development) site.
COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
Land Use: The subject property is zoned R-2 (Medium Density Residential) and is surrounded by
the following uses:
Direction Zone
Site R-2
North R-2
South R-1
West R-2
East R-2
Comnrehensive Man
Medium Density Residential
Medium Density Residential,
Public
Medium Density Residential
Medium Density Residential
_U
Vacant Land
Residential
Caldwell High School
Residential
Residential
Transportation/Connectivity: The subject property has frontage onto Georgia Avenue, a collector
roadway and Beech Street, a local street.
P z lip S-eryices. Utilities and Facilities: The engineering department, fire marshal, building
department, police department, Caldwell School District, Pioneer Irrigation District, and Canyon
Highway District #4 were all sent a request for comment on April 26, 2019.
Landscaping: As per Section 10-07-02(2) of City Code, landscaping will be required for this project.
The landscaping requirements should be as follows:
-Georgia Avenue (Collector): City Code requires a 15-foot wide grassed landscape buffer to include
1 tree for every 35 feet of frontage and 1 shrub for every 7 feet of frontage.
-Beech Street (Local): City Code requires a 10-foot wide grassed landscape buffer to include 1 tree
for every 35 feet of frontage and 1 shrub for every 7 feet of frontage.
Planned Unit Development: Approval of Planned Unit Developments is dependent upon the
fulfillment of certain requirements. An analysis of those requirements is as follows:
Section 10-03-07(2)A. The planned unit development process is intended to provide flexibility,
latitude and relief from the provisions of the zoning ordinance only if the proposed development is
consistent with two or more of the following:
-The development offers a maximum choice of living environments by allowing a variety of housing
and building types. The developer is proposing a mix of housing that is not found in the
immediate area to give Caldwell residents more housing choices.
-The development promotes mixed use projects which are functionally integrated within the
development and provides services to the primary use. Not applicable due to the limited size of
the subject property.
-The development provides a layout which preserves and properly utilizes natural topography and
geologic features, trees, scenic vistas or other vegetation. The developer is proposing to utilize
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the limited size of the subject property in regards to housing types and lot sizes, along with
utilizing the existing contours of the property.
-Where a land parcel is constrained or otherwise limited by some obstacle, feature, geometry,
condition, or easement that interferes with applying standard development processes. The limited
size of the subject property constrains it to this type of development.
-The development encourages infill development that contributes a compatible design to the
existing neighborhood. The subject property would be classified as an infill development due
to its size and location.
Staff concludes that the project meets 4 of the 5 criteria.
Section 10-03-07(3)F. A planned unit development shall be consistent with the density guidelines
provided in the comprehensive plan. In a Medium Density Residential classification for a PUD the
maximum density is 10 units per gross acre. The total number of dwelling units is 39, with a total
of 5.9 acres devoted to those dwelling units. This equates to a gross density of 6.6 dwelling units
per acre, within the allowable density as determined by the City Comprehensive Plan,
Section 10-03-07(3)M. All lots developed for residential purposes shall have frontage along a public
roadway. For this project, public streets have been provided and, thus, all residential lots have
frontage on a public roadway or have access to a public roadway through a shared common drive
access.
Section 10-03-07(4) There are four required standard amenities in a planned unit development as
follows:
1 - Five-foot wide micro pathways: The proposed project as presented appears to meet this
requirement.
2 - Eight -foot wide major pathway: The proposed project as presented appears to meet this
requirement.
3 - Usable open space in the amount of 10% of the gross area. The proposed project as presented
exceeds this requirement with 15% proposed useable open space.
4 - Varying bermed street landscape buffers of a 2:1 to 3:1 ratio. The proposed project as presented
appears to meet this requirement.
There is also a requirement for a minimum of 4 required optional amenities in a planned unit
development. The applicant is proposing the following 4 amenities to meet this requirement:
Basketball Court, Gazebo & BBQ Area, Energy Star Certified Housing, Playground.
Section 10-03-07(6) The developer may deviate from the height, lot line setback and lot dimension
schedule in the zoning ordinance with the consent of the planning and zoning commission and the
city council.
The following deviations from the required dimensional standards are being requested:
Proposed PUD Dimensional Standards for the Detached Single Family Dwelling Lots
1) Side Yard Setback reduced to 5 feet
2) Minimum Lot Size reduced to 3,500 square feet
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3) Minimum Lot Frontage reduced to 37 feet
Additionally the developer is requesting a deviation from the requirement for all residential lots to
front a public roadway. They are proposing 2 areas where common driveways are utilized to serve
6 lots or less. These common driveways are proposed as solutions to challenging areas in the layout.
The driveways are proposed to be common lots encumbered by ingress/egress easements.
III PUBLIC TESTIMONY
3.1 Before the Planning & Zoning Commission, June 18, 2019
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report. Mr.
Wagoner stated the applicant is requesting approval of a Planned -Unit Development (PUD) consisting of
39 residential lots and 8 common lots.
There is a requirement of four required optional amenities in a Planned Unit Development. The applicant
is proposing a basketball court, gazebo and BBQ area, energy star efficient housing and a playground.
Conditions outline that they develop the property as proposed in compliance with their site plan. A PUD
also allows for deviations from typical standards which would include the side yard setback reduced to 5
feet, minimum lot size reduced as well as minimum lot frontage reduced. Within the PUD they are
allowed to ask for those reductions since they are providing additional amenities.
Commissioner Hunsicker what is a PUD how does it differ from other subdivisions.
Mr. Wagoner stated that PUD is where you take a mix of housing or uses where you can incorporate
commercial uses within housing areas and you can have different types of housing uses; from single
family to 4-plexes to multi family. It's congregating uses that still flow and go together within a confined
area. PUD can also be on small infill projects.
Wendy Shrief, JUB Engineers, 250 S Beechwood Ave., Boise, ID stated that this is an infill property and
said that Jarom and the Engineering department have been great to work with. They are proposing 39
residential lots. They will be doing single-family detached housing. It will probably be a development for
young families. They will propose a variety of housing types. They are providing a few amenities. They
will be doing some hefty road improvements to the streets. They are in agreement with the staff report
and conditions.
Commissioner Hunsicker asked why not use an alley configuration in a tight development like this.
Ms. Shrief said that with an alley, you are still fronting on a public street and then an alley behind your
home and you end up using a lot of land in putting a lot of money into paving those streets. There are
only certain circumstances where it makes sense.
Commissioner Vance asked if they provided staff with some changes/conditions regarding roadway
improvements.
Mr. Wagoner stated he has the changes to the Engineering staff report and those will go to City Council.
Shawn Brownlee (in favor), 9839 W. Cable Car St., Boise, Idaho signed in favor but chose not to speak.
Amanda Lowman, (neutral) Caldwell Irrigation Lateral District, 1616 E Chicago, Caldwell, Idaho stated
they have a pump house on the corner by the low lying canal that is one of their major ports that they
send into their irrigation system. They attended the neighborhood meeting and asked if this development
was going to impact where their pump station is located. They still have never received conformation if
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this development will affect their pump house or where their fence is. They have not heard back from
anyone. They need to know what will happen to their pump stations.
Terry Dye, (neutral) 2419 E Beech St., Caldwell, Idaho stated they have concerns with the traffic on Beech
Street and Georgia. His concern is the irrigation canal on Georgia and Beech Street. All the properties on
Beech Street use that and that will be a problem. They were told it would be tiled. They are in favor of
road improvements.
Carrie Dye, (neutral) 2419 E. Beech St., Caldwell, Idaho signed neutral but chose not to speak.
Rebuttal:
Ms. Shrief stated that they have talked to Caldwell Irrigation a couple of times. They have a fence that is
encroaching slightly on the southern part of their property. They will work with them to have that
resolved.
Mr. Doty asked if they have addressed the concern of encroaching on their screens.
Mr. Shrief stated she will work with them. Regarding Mr. Dyer's comments regarding irrigation they will
be working with Pioneer Irrigation, they cannot negatively affect irrigation water. They are protected by
state statutes.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell Zoning Ordinance No.1451, as amended
4.2 City of Caldwell Comprehensive Plan, as amended
4.3 Idaho Code, Title 67, Chapter 65, Local Planning Act
V COMPREHENSIVE PLAN ANALYSIS
The Caldwell Planning & Zoning Commission accepts the Comprehensive Plan Components as listed
below.
5.1 The request was found to be consistent with the following Comprehensive Plan Components:
GOALS AND POLICIES - Property Rights
Goal 1: Ensure that land use policies, restrictions, conditions and fees do not violate private
property rights, adversely impact property values or create unnecessary technical limitations
on the use of the property.
Policy 1-1: Establish a sound basis for land use and environmental regulations through
comprehensive planning and adopted policies and ordinances.
Policy 1-4: Assure that development pays its fair share by establishing a rational, equitable basis
for calculating the type of any exaction, or the amount of any impact fee.
GOALS AND POLICIES - Population
Goal 1: Maintain a high quality of life and livability in the community.
Policy 1-1: Plan for anticipated population and households that the community can support with
adequate services and amenities.
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Goal 4. Create communities thatgenerate cost effective public services and infrastructure.
Policy 4-1: Encourage development as a natural outward progression of the City's corporate
boundaries and within areas that can be immediately annexed and provided with public services.
Policy 4-3: Require developers to meet design principles, development standards, and street and
utility improvement requirements as set forth in the City's subdivision ordinance and
infrastructure policy.
GOALS AND POLICIES - Land Use
Goal 2: To create a strong sense of community and place.
Policy 2-4: Allow for higher density development as a means to support public transportation.
Goal 3: Create communities that are more livable, affordable, connectable, and sustainable.
Policy 3-2: Maximize the use of land by encouraging high -density residential development in areas
that have adequate services that can act as a buffer between less dense residential and commercial
uses, and support public transit.
GOALS AND POLICIES - Public Services, Utilities, & Facilities
Goal 1: Ensure that there are adequate public services and infrastructure to meet the needs of
the public.
Policy 1-2: Provide for the orderly expansion of public services to meet the needs of population
growth, and ensure that adequate infrastructure is in place to serve new development.
5.2 The request was not found to be inconsistent with any of the Comprehensive Plan Components.
All adopted city ordinances, standards and codes were used in evaluating the application.
VI FINDINGS OF FACT
6.1 The Caldwell Planning & Zoning Commission accepts the facts outlined in the staff report, public
testimony and the evidence list. All adopted city ordinances, standards and codes were used in
evaluating the application.
VII CONCLUSIONS OF LAW
7.1 The Caldwell Planning & Zoning Commission has the authority to hear this case and recommend to
the Caldwell City Council that it be approved or denied. The public notice requirements were met,
the hearing was legally noticed and posted and the hearing was held and conducted under the
requirements of Idaho Code and City ordinances.
VIII RECOMMENDATION
8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning & Zoning Commission
hereby recommends to the Mayor and City Council that Case Number PUD-19P-01 a request by JUB
Engineers for a Planned Unit Development with a Preliminary Plat for Hampshire Place Subdivision
consisting of 5.9 acres, more or less, with 39 residential lots, and 8 common lots for the properties
located at the northwest corner of Spruce Street and Georgia Avenue, in Caldwell, Idaho (Parcel #
R0409700000, R0409600000, & R0410000000)is approved with the following conditions of
approval:
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12.2 Comply with all applicable city codes, ordinances, policies, and standards.
12.3 The development, design, and construction of Hampshire Subdivision shall be in substantial
compliance with the submitted preliminary plat of Case File PUD-19P-01 (Exhibit A-3). Any
substantial deviations, as determined by the Planning & Zoning Director, from said Exhibit A-3 shall
require City Council approval through a public hearing.
12.4 The development, design, and construction of Hampshire Place Subdivision shall be in substantial
compliance with the submitted landscape plan of Case File PUD-I9P-01 (Exhibit A-9). Any
substantial deviations, as determined by the Planning & Zoning Director, from said Case File Exhibit
A-9 shall require City Council approval through a public hearing.
12.5 The development shall utilize cluster mailboxes for delivery of mail. Individual mailboxes shall not
be allowed. A cluster mailbox placement plan shall be submitted to the Planning and Zoning
department showing coordination with the United States Postal Services prior to submitting the
first final plat.
12.6 All requirements from the Fire Department for access, turnarounds, emergency access, water
supply, fire hydrants, etc. shall be met in the development and/or platting of the subject property.
Final approval of the location and number of fire hydrants within the development shall be
determined by the Fire Marshal and take place by phase at the time of submittal of applicable
construction drawings for each phase.
12.7 The applicant shall post and maintain a "Rules and Regulations' sign at the entryways to the
residential subdivision until it is fully developed. The signs would be intended for subcontractors
performing work and should include: 1) no dogs; 2) no loud music; 3) no alcohol or drugs; 4) no
abusive language; 5) dispose of personal trash and site debris; 6) clean up any mud and/or dirt that
is deposited from the construction parcel onto streets; 7) installation of a temporary construction
fence that would keep debris from being blown off site by the wind; 8) no burning of construction
or other debris on the Property.
12.8 The following deviations from the required dimensional standards shall be approved as part of the
Planned Unit Development:
1) Side Yard Setback reduced to 5 feet
2) Minimum Lot Size reduced to 3,500 square feet
3) Minimum Lot Frontage reduced to 37 feet
12.9 The applicant shall provide the
Development:
1) Basketball Court
2) Gazebo & BBQ Area
3) Energy Star Certified Housing
4) Playground
following 4 amenities as required as part of a Planned -Unit
12.10 Adhere to all comments and recommendations made by the Engineering Department as described
in Exhibit PA-2 of Case File Number PUD-19P-01.
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Case Number PUD-19P-01 was heard by the Caldwell Planning & Zoning Commission at a public hearing
held June 18, 2019.
The Findings of Fact, Conclusions of Law, and Recommendation were administratively approved and
signed by the Planning & Zoning Chairman on the date noted below.
C.Y O
oty- om sky, Chairman
k ATTEST:
1
Date
Case No. PUD-19P-01 Hampshire Place
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J o goner, AICP
Se nner
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