The URL can be used to link to this page

Home My WebLink About02-14-2024 PZ Minutes Page | 1 Planning and Zoning Minutes 2/14/2024 Planning and Zoning Commission Regular Meeting Agenda Wednesday, February 14, 2024 @ 6:00 pm Caldwell Police Department, Community Room, 110 S. 5th Avenue, Caldwell, Idaho Commissioner Whitbeck was assigned to act as Chair as Chair Zamora and Vice Chair Harman were unable to attend this hearing. Acting Chair Whitbeck called the meeting to order at: 6:00 pm. ROLL CALL Present: ☐ Zamora ☐ Harman ☒ Boutros ☒ Larson ☒ Whitbeck Absent: ☒ Zamora ☒ Harman ☐ Boutros ☐ Larson ☐ Whitbeck Quorum Present: ☒Yes ☐ No CONFLICT OF INTEREST DECLARATION (if any). Acting Chair Whitbeck asked if there were any conflict of interest declaration. There were none. SPECIAL PRESENTATIONS. There were none. CONSENT CALENDAR: (ALL CONSENT CALENDAR ITEMS ARE ACTION ITEMS) There were none. REVIEW OF PROCEEDINGS (OPENING STATEMENT) Acting Chair Whitbeck opened the public hearing and outlined the public hearing procedures. Acting Chair Whitbeck proceeded to public hearing items on the agenda. OLD BUSINESS: ACTION ITEM: Case Number ANN23-000010, PUD23-000007, SUB23-000013: Engineers, on behalf of Harland Baker, is requesting an annexation into the City of Caldwell with a zoning designation of R-2 (Medium Density Residential) with a development agreement associated with ANN23-000010. The applicant is also applying for a Planned Unit Development with a subdivision preliminary plat for Tranquil Acres Subdivision, which includes thirty townhome units and one single family detached unit for a total of (31) single family residential units. At 3.5 acres, the total density is 8.8 units per acre; the site is located at 0 Montana Ave., on the east side of S. Montana Avenue, approximately 1,300 feet north of the intersection with Ustick Road in Caldwell, Idaho. Continued from January 24, 2024. (MINUTES) Page | 2 Planning and Zoning Minutes 2/14/2024 Staff Presentation: City Associate Planner, Katie Wright, 621 Cleveland Blvd,. Caldwell, Idaho presented the staff report, outlining its contents by use of a PowerPoint presentation. • Surrounded by single family residential and commercial • Several plex-style and multi-family style housing types in area • Medium density residential (MDR) • Surrounded by low density residential and county • MDR is compatible zoning district next to low density residential • Could be complementary zone since densities in nearby areas are similar • Many uses around site are not outright permitted in the low density residential zone and would be more compatible with medium density residential zone • Comp plan is medium density residential • 31 single family homes, 30 lots, attached, one detached, 5 common lots • In compliance with o parking and o landscaping o All bulk standards for lot size, setbacks, frontage and building height o All zoning and subdivision ordinances with the approval of the PUD deviations • Public Agency Notifications – Caldwell School District who said the development should take into account safe biking and walking routes along Montana and College • Public Comments are included: opposition o because of traffic o crime o noise o late exhibit (PZ1000) o infrastructure • Applicant proposed deviations o 0 foot internal setbacks for single family attached lots o Lot frontage to be 30’ to 34’ rather than 35’ o Lot sizes from 2400 sf to 3200 sf; rather than 6000 sf o Height to 34 along single family home property lines o 1 parking space/4 lots with lot frontage less than 45’ wide o Infill/amenity deviation request code chooses to allow amenity deviations as a reward to fill infill projects (10-03-07 (7)) o Deviate from the requirements for berms, 8 foot pathway, 3 amenities rather than 4 • Conditions Commission Questions for Staff: • Amenities – Energy Star • Vacant land – county land zoned for medium density Applicant Presentation: Jesse Christensen (Representative), 2151 W. Willow Pointe, Nampa, Idaho, presented the applications requests and discussed: • Will fix error in paperwork from R-3 to R-2 before going to City Council • Common areas make up 10.2% • Amenities – pre-wiring homes for EV charging stations, 5’ walking path, 30% of the homes ADA accessible, pickle ball, • Water usage Page | 3 Planning and Zoning Minutes 2/14/2024 • Traffic concern - o Held 3 neighborhood meetings – held when Indiana and Florida were closed for roundabout work so usage on Montana had increased • Landscaping – bike and walkways • Parking – all duplex homes have 2 car garages with 2 additional parking spaces in the driveway • Will update landscaping to include pickleball court and playground area Commission Questions for Applicant: There are none. Public Testimony: Paul Webster, (Caldwell School District), 1216 Falcon St., Caldwell, Idaho spoke in favor of the request. • Concerns about walking or biking to school safely • Traffic • Sidewalks are needed in area Mary Schafer, 3607 S. Montana Ave., Caldwell, Idaho spoke in opposition of the request: • Traffic o light at Montana and Ustick o excessive because of surrounding schools Applicant Rebuttal: Harland Baker, 310 Lariat Ln., Colorado Springs, Colorado spoke in favor of the request. • Traffic light will be installed at Montana and Ustick Katie Wright addressed the property still in Canyon County to the west rural residential but right below it is medium residential zoned through the county. Motion to close public testimony: MOTION BY: ☐ Boutros ☐ Harman ☒ Larson ☐ Whitbeck ☐ Zamora SECONDED BY: ☒ Boutros ☐ Harman ☐ Larson ☐ Whitbeck ☐ Zamora to close public testimony. MOTION CARRIED Evidence List: • Staff Report and presentation documents • Applicant presentation documents • Sign-up sheets Commission Discussion and Deliberation: Commission discussion included: • Traffic impact Hallie Hart (City Engineer), 621 Cleveland Blvd. Caldwell, ID stated a traffic impact study was not necessary for this project. They have been working towards a Caldwell Area Transportation Plan but it didn’t show that Montana was one that needed to be widened; other than a left turn Page | 4 Planning and Zoning Minutes 2/14/2024 lane. • Property is surrounded by R-1residential. Even though comp plan shows medium density residential, the comp plan should match the zoning. We’re not going to change existing R-1 homes into medium density residential; which suggests the comp plan is in error for what it shows in this area. If it never should have matched R-1 it should mat • Parking • Lot sizes and density • Compatibility with surrounding area • Building height not being compatible with surrounding homes • Zoning compatibility of existing homes • Sidewalks • Lot Frontage Director Robin Collins spoke about • Zoning map often does not match up with future land use map. • R-1 zoning designations were there prior to comprehensive plan being adopted • Density - Need to look at existing land use uses. • Use your planning professionals who have analyzed the code who have found it to be compatible • Parking should be looked at as a cumulative perspective Katie Wright spoke about: • West side homes are multi-family, duplex style or higher density • Parking - is in compliance with code other for what is asked to be waive Commissioners Cont. • Additional talk about density • Sidewalks • Lot frontage • Property to south is built out as multifamily and R-2 ORDER OF DECISION: 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: ☒ Boutros ☐ Harman ☐ Larson ☐ Whitbeck ☐ Zamora MADE A MOTION AS FOLLOWS: The request for ANN23-000010, annexation with a zoning designation of Medium Density Residential with a development agreement, and PUD23-000007 and SUB23-000013 for Tranquil Acres Subdivision, a residential Planned Unit Development is recommended for denial because it is incompatible with the surrounding residential area. THE MOTION WAS SECONDED BY: ☐ Boutros ☐ Harman ☒ Larson ☐ Whitbeck ☐ Zamora ROLL CALL VOTE: Boutros ☒ Yes ☐ No Harman ☐ Yes ☐ No ABSENT Larson ☒ Yes ☐ No Page | 5 Planning and Zoning Minutes 2/14/2024 Whitbeck ☐ Yes ☒ No Zamora ☐ Yes ☐ No ABSENT MOTION CARRIED NEW BUSINESS: ACTION ITEM: Case Number ZOA24-000001: A request by the City of Caldwell Planning and Zoning Department to amend Chapter 10, Article 1, pertaining to annexation procedures, split zoning, alignment of zoning with comprehensive plan land use designations and adding a new section combining all definitions from within chapter 10; Chapter 10, Article 3, section 10-03-04 and 10-03-05 pertaining to special use permits and variances, section 10-03-06 pertaining to fees; section 10-03-10 pertaining to violations, penalties and enforcement and relocating all code references within Chapter 10 applicable to violations, penalties and the administrative citation process into this section; amend and relocate annexations section from Article 1, section 10-01-08 into this article 3, under section 10-03-01 and include language addressing deannexations and preannexations, amend section 10-03-03 pertaining to amendments and reclassifications to split out and amend the requirements for zoning ordinance text and map amendments and locate those requirements into its own section in 10-03-02, and utilize the existing section 10-03-03 only for comprehensive plan procedures; repeal, amend and relocate the section pertaining to development agreements provisions previously located in Section 10-03-03 and relocate into section 10-03-11 ; amend Chapter 10, Article 11, pertaining to the article title to change from industrial airport overlay zones to overlay zoning districts and restructure the numbering format; amend Chapter 11, Article 1 of the Subdivision Ordinances, Section 11-01-03, pertaining to subdivisions in the area of impact, simple lot splits, and adding new section for administrative lot splits for parcels when separated by a dedicated right of way; amend Chapter 11, Article 2, Section 11-02-01 pertaining to preliminary plat and final plat; section 11-02-02, by relocating the provisions for content of plats into section 11-02- 01, amending and relocating the provisions for phased subdivisions into 11-02-02; section 11-02-03, pertaining to preliminary plat and final plat hearings, plat expirations and time extensions; adding a section to address plat amendments and replats; and to address the formatting of all sections listed herein for clarity; section 11-03-02. 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. (MINUTES) Staff Presentation: City Associate Planner, Joe Dodson, 621 Cleveland Blvd., Caldwell, Idaho presented the staff report, outlining its contents by use of a PowerPoint presentation. • Updating codes to bring them into current standards • Clean-up: grammar, redundancies, clarification for staff and public • Chapter 10, Article 1 o Move annexation o Split zoning o Alignment of zoning with comprehensive plan o Definition and modification of definitions o Codes and penalties moved under one section o Split out amendment reclassification sections o Changed industrial airport overlay title and numbering, one location Page | 6 Planning and Zoning Minutes 2/14/2024 o Administrative lot splits o Incorrect and clarify code sections where there is conflict • Chapter 11, Article 2 o Reformatted to consolidate into one section o Amended process for submission and approval of final plat drawings o Reduced time about when a plat can be “resurrected” o Private streets to allow private streets within multi-family developments o Time extensions for plats to be amended administratively to reduce impact and backlog to City Council o Multiple application types will run concurrently Commission Questions for Staff: Commission asked questions to staff regarding: • Commended for quality of packet making it clear for understanding Unrelated question by Commissioners: • Would like to see density in comprehensive plan to make it easier to understand • Would have made a different decision should he had seen the density vs zone (R-1) with previous project discussed today • Added information to accommodate better decision making Director Collins said that would be possible but it’s not always definitive • In previous project it was discovered a lot of that out there was multi-family. Joe Dodson • It’s not quite as easy with older plans and subdivisions Question about Comprehensive Plan – (unrelated to this project) can it show density in addition to zoning for clarity Public Comments: None Motion to close public testimony: MOTION BY: ☒ Boutros ☐ Harman ☐ Larson ☐ Whitbeck ☐ Zamora SECONDED BY: ☐ Boutros ☐ Harman ☒ Larson ☐ Whitbeck ☐ Zamora to close public testimony. MOTION CARRIED Evidence List: • Staff Report and presentation documents • Applicant presentation documents • Sign-up sheets ORDER OF DECISION: Based upon the testimony and evidence in record in this matter, and upon the findings of fact and conclusions of law presented; ☐ Boutros ☐ Harman ☒ Larson ☐ Whitbeck ☐ Zamora MADE A MOTION AS FOLLOWS: