The URL can be used to link to this page

Home My WebLink About09-25-2024 PZ MinutesP&Z Commission Minutes September 25, 2024 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES Wednesday, September 25, 2024 @ 6:00 pm City Hall, Council Chambers, 205 S. 6th Ave, Caldwell, Idaho Chair Zamora called the meeting to order at: 6:04pm. ROLL CALL Present: ☒ Zamora ☐ Harman ☒ Boutros ☒ Larson ☒ Whitbeck Absent: ☐ Zamora ☒ Harman ☐ Boutros ☐ Larson ☐ Whitbeck Quorum Present: ☒Yes ☐ No CONFLICT OF INTEREST DECLARATION (if any). Chair Zamora asked if there were any conflict-of-interest declarations. There were none. SPECIAL PRESENTATIONS. There were none. CONSENT CALENDAR: (ALL CONSENT CALENDAR ITEMS ARE ACTION ITEMS) Approve minutes for the Caldwell Planning and Zoning Commission for the September 11, 2024, hearing. MOTION BY: ☒ Boutros ☐ Harman ☐ Larson ☐ Whitbeck ☐ Zamora SECONDED BY: ☐ Boutros ☐ Harman ☒ Larson ☐ Whitbeck ☐ Zamora MOTION CARRIED REVIEW OF PROCEEDINGS (OPENING STATEMENT) Chair Zamora opened the public hearing and outlined the public hearing procedures. Chair Zamora proceeded to public hearing items on the agenda. OLD BUSINESS: ACTION ITEM: Public Hearing (Quasi-Judicial) Case Number ZON24-000001: The applicant and property owner, Ideal Custom Homes, is requesting a rezone of 0.30 acres of land located at 1102 N 3rd Avenue, Parcel # R021250000, from R-2 (Medium Density Residential) to T-N (Traditional Neighborhood) for the future development of a seven (7) lot subdivision for the construction of townhomes. Currently, this application request is for the rezone only with no development. This subject parcel is located on the corner of N 3rd Avenue and Joliet Street, in Caldwell, Idaho. Staff Presentation: City Associate Planner, Alex Jones, , 205 S. 6th Ave,. Caldwell, Idaho presented the staff report, outlining its contents by use of a PowerPoint presentation. • For a rezone only for the purpose of doing a subdivision in the future. • A planned unit development will be necessary. • CSD asked for crosswalks and signage • DA will be required for the future subdivision plan P&Z Commission Minutes September 25, 2024 Applicant Presentation: Katie Deal, 15777 Quartz Ln, Wilder ID83676 presented the applications requests and discussed: • Willing to enter into DA • 7-unit townhome • Have done similar projects in Nampa and Homedale Commission Questions for Staff and Applicant: • Development Agreement • Landscaping • Home values • Lot sizes • Density Public Testimony: No one wished to speak The following people were in opposition of the project but did not wish to speak: Paul Ford 209 E. Pineville St. Caldwell, ID 83607 Sandra Ford 209 E. Pineville St. Caldwell, ID 83607 Applicant Rebuttal: Did not speak. 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: • Feel it’s reasonable as long as 2 story privacy is addressed. • Spot zoning 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: P&Z Commission Minutes September 25, 2024 ☒ Boutros ☐ Harman ☐ Larson ☐ Whitbeck ☐ Zamora MADE A MOTION AS FOLLOWS: The request for rezoning of parcel R0212500000 with a zoning designation of T-N (Traditional Neighborhood) is RECOMMENDED FOR APPROVAL, SUBJECT TO THE CONDITIONS OF APPROVAL AS PRESENTED/AMENDED; and with conditions for a 6’ solid fence on the southeast side and more barrier landscaping on the northeast and southeast sides. THE MOTION WAS SECONDED BY: ☐ Boutros ☐ Harman ☐ Larson ☒ Whitbeck ☐ Zamora ROLL CALL VOTE: Boutros ☒ Yes ☐ No Harman ☐ Yes ☐ No Absent Larson ☒ Yes ☐ No Whitbeck ☒ Yes ☐ No Zamora ☐ Yes ☒ No MOTION CARRIED ACTION ITEM: Public Hearing (Quasi-Judicial) Case Number ANN24-000002, DEV24- 000002, PUD24-000001, SUB24-000006: Trilogy Development, on behalf of Endurance Holdings LLC, is requesting annexation of parcel R3273101000 with a zoning of R-2, Medium Density Residential, a Development Agreement Modification to terminate DA-05-10 for Ponderosa Subdivision, and preliminary plat and planned unit development approvals for Parcels R3273101000 and R3273101100 for Emery Sky Subdivision Planned Unit Development, a mixed-use project with both single family detached and attached units, seven duplex lots, two multi-family lots, and one commercial lot. Parcel R3273101100 will remain with the R-1 (Low Density Residential) zone. The approximately 38 acre site is located on the northwest corner of Lake Ave. and Moss St. approximately 0.4 miles south of Homedale Rd., in Caldwell, Idaho. Staff Presentation: City Associate Planner, Katie Wright, 205 S. 6th Ave., Caldwell, Idaho presented the staff report, outlining its contents by use of a PowerPoint presentation. • Vallivue is concerned with future capacity • ITD has concerns about service at intersection • PUD application allows certain requests within the code. Applicant Presentation: Bonnie Layton, NV5, 690 S. Industry Way, Suite 10, Meridian ID 83642, presented the applications requests and discussed: • Density • DA modification “clean-up” • Zoning • PUD code allows for modifications Commission Questions for Staff and Applicant: P&Z Commission Minutes September 25, 2024 • ITD concerns • Rezone is drastic • Amenities don’t feel to be enough • Pathways and bicycle paths - Communities in Motion • Fire memo was the standard letter submitted prior to internal discussions and the letter will be withdrawn before council • 10’ attached pathway was added after Compass had seen the plans • Traffic Impact Study • Future road improvements • Parks • Daycare • Home numbers in Caldwell • Reduced lot sizes allowed as per PUD Public Testimony: Craig Allison, 16771Abram Ave., Caldwell, ID 83607 spoke in opposition • Traffic • Pathways and bike paths Matt Wilke, PO Box 7, Middleton, Idaho, attorney representing the homeowner living at 3214 E. Homedale Rd, spoke in neutral. • Development agreement on page 4 of Ponderosa DA • Sewer plan • Landscape plan The following people were in opposition of the project but did not wish to speak: Jean Powell 4417 Middlesboro Way Caldwell, ID 83607 Kelly Powell 4417 Middlesboro Way Caldwell, ID 83607 Applicant Rebuttal: • Public infrastructure • Frontage improvements are done based on city requirements • Amenities include large central park along with the daycare • TIS 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 P&Z Commission Minutes September 25, 2024 • Sign-up sheets Commission Discussion and Deliberation: Commission discussion included: • PUD adding only amenity of the daycare • Doesn’t feel “urban services” is being met • Childcare is really needed in the city 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 annexation of parcel R3273101000 with a zoning designation of R-2 (Medium Density Residential), a development agreement modification to terminate the existing development agreement for Ponderosa Subdivision, and preliminary plat and planned unit development approvals for parcels R3273101000 and R3273101100 for thee Emery Sky PUD Subdivision is RECOMMENDED FOR DENIAL BECAUSE OF INCOMPATIBILITY WITH THE PLANNED UNIT DEVELOPMENT AND THE ZONING REQUEST WITH THE AREA. THE MOTION WAS SECONDED BY: ☐ Boutros ☐ Harman ☒ Larson ☐ Whitbeck ☐ Zamora ROLL CALL VOTE: Boutros ☒ Yes ☐ No Harman ☐ Yes ☐ No Absent Larson ☒ Yes ☐ No Whitbeck ☐ Yes ☒ No Zamora ☐ Yes ☒ No MOTION FAILED • Discussion of what to do with a tied vote. • Doesn’t feel it’s productive to continue. • But continuing it to revote when the full commission is present will sway the vote • Voting again will result in a neutral vote and the council will make a final decision. • Decision to continue with an approval. 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: P&Z Commission Minutes September 25, 2024 The request for annexation of parcel R3273101000 with a zoning designation of R-2 (Medium Density Residential), a development agreement modification to terminate the existing development agreement for Ponderosa Subdivision, and preliminary plat and planned unit development approvals for parcels R3273101000 and R3273101100 for thee Emery Sky PUD Subdivision is RECOMMENDED FOR APPROVAL, SUBJECT TO THE CONDITIONS OF APPROVAL AS PRESENTED. THE MOTION WAS SECONDED BY: ☐ Boutros ☐ Harman ☐ Larson ☒ Whitbeck ☐ Zamora ROLL CALL VOTE: Boutros ☐ Yes ☒ No Harman ☐ Yes ☐ No Absent Larson ☐ Yes ☒ No Whitbeck ☒ Yes ☐ No Zamora ☒ Yes ☐ No MOTION FAILED Due to a lack of a majority vote on the motion, the commission took no action. ACTION ITEM: Public Hearing (Quasi-Judicial) Case Number CPM24-000001, DEV24- 000001, PUD24-000002, SUB24-000011, ZON24-000002: Ardurra, on behalf of Landex ID Soterra LLC, is requesting a comprehensive plan map amendment for approximately 9.75 acres of the 38.07 acres of parcel R3258300000 , from B (Business) to MDR (Medium Density Residential) and a rezone from C-2 (Community Commercial) to R-2 (Medium Density Residential, to include approval of a development agreement modification of the original development agreement (Instrument No. 2022-012912) to allow for medium density residential townhome style apartments. Concurrently the applicant is requesting approval of a planned unit development for approx. 15.79 acres of the 38.07 acres for a mixed-use development containing 34 commercial lots and 23 residential lots containing duplexes, 4- plexes and 6-plexes, for a total of 90 residential units; and for approval of a modification to the original preliminary plat (SUB-21P-01) to reflect the changes being proposed by the Planned Unit Development. The subject parcel R3258300000 (approx. 38.07 acres) is located on the SWC of E Ustick and S Kimball Avenue in Caldwell, Idaho. Staff Presentation: City Associate Planner, Katie Wright, 205 S. 6th Ave., Caldwell, Idaho presented the staff report, outlining its contents by use of a PowerPoint presentation. • Late exhibit from Paul Webster with Caldwell School District • Concerns about changing DA from commercial to residential Applicant Presentation: Becky Yzaguirre, Ardurra, 1144 S. Silverstone Way, Meridian, ID 83642, presented the applications requests and discussed: • Phase 1 approved for construction and pending final plat approval • PUD requesting R-2 and C-2 • Density P&Z Commission Minutes September 25, 2024 • Elevations • Landscaping • Parking Commission Questions for Staff and Applicant: • Change from commercial in original plan to medium density residential made more sense • No zoning regulations from C-2 to R-1 • TIS – recent one has been updated and are currently working with Engineering on that. • Neighborhood meeting held outside on January 4 in the dark Public Testimony: Paul Webster, Caldwell School District, 1102 Laster St., spoke in neutral of the project. • Student population • There is a housing need for students in his school, approx. 25% of 250 students. • Feels Soterra is slightly addressing “infill” • Requests planning ahead – land nearby belongs to school district. • Transportation, pathways with fencing Brian Bartley, 4618 Gap Creek Ave. Caldwell, spoke in opposition. • Change of Zoning - high end homes are proposed to be right next to townhomes and apartments • Traffic • Need commercial • CSD already has problems • Irrigation Paul McLane, 113 Appalachian St., Caldwell, ID, spoke in opposition. • Commercial needed, travel to Nampa because it’s more convenient • Traffic • Emergency services Logan Brewer, 4006 Preston Ave., Caldwell, ID spoke in opposition. • Landscaping buffer • Building height • Need more commercial Linda Davis, 4413 Pinnacle Pl., Caldwell, ID spoke in opposition. • Need more commercial, i.e. grocery store, restaurants, coffee • Traffic • Age group of people Bruce Davis, 4413 Pinnacle Pl. Caldwell, ID spoke in opposition. • Schools • Emergency services • Need more commercial David Spence, 4623 Gap Creek Ave., Caldwell, ID spoke in opposition. • Density • Traffic P&Z Commission Minutes September 25, 2024 • Need commercial Shelly King, 4513 Pine Mountain Ave., Caldwell, ID spoke in opposition. • Need commercial • Single family homes not multi-family homes • Traffic • Emergency Services • Schools • Local employment • New Traffic study • Parking • Landscape buffers • Pathways • Density • Common lot areas Jim Rice, 225 Appalachian St, Caldwell, ID spoke in opposition • Roads – Ustick Rd. is a major thoroughfare and is a linchpin for commercial • Feeds taxes and services for residential and commercial • Poor neighborhood meeting conditions • Landscaping buffers • Traffic • Reduced Parking spaces • Vision of comprehensive plan isn’t being met • Hurts livability and resilience of Caldwell Patty Soran, 5220 Kergh Ln., Caldwell, ID spoke in opposition • Original plan for commercial • Traffic at Kimball and Ustick • Density • Pathways • Need Commercial Walter Unites, 4522 Yellow Creek Pl. Caldwell, ID spoke in opposition. • 75% not stressed about need for homes • Commercial needed • Excessive bicycle parking • Emergency Services • Tax money going to Nampa The following people were in favor of the project but did not wish to speak: Isaac Josifek 104 Fern Ct. Parma, ID 83660 The following people were in neutral of the project but did not wish to speak: Michael Laird P.O. Box 504 Nampa, ID 83653 P&Z Commission Minutes September 25, 2024 Justin Parker (no address provided) Kristin Sawyer (no address provided) The following people were in opposition of the project but did not wish to speak: Michael Julius 522 Kiser Ln. Caldwell, ID 83607 Carol Julius 522 Kiser Ln. Caldwell, ID 83607 Kelli Belle 4703 Pine Mountain Ave. Caldwell, ID 83607 Craig Belle 4703 Pine Mountain Ave. Caldwell, ID 83607 Bob Gallareto 4815 Gap Creek Ave. Caldwell, ID 83607 Valerie Gallareto 4815 Gap Creek Ave. Caldwell, ID 83607 Jean Burch 119 Appalachian St. Caldwell, ID 83607 Carmen Watson 207 Appalachian St. Caldwell, ID 83607 Keith Watson 207 Appalachian St. Caldwell, ID 83607 Mary Lu Schneider 4422 Pine Mountain Ave. Caldwell, ID 83607 Richard Schneider 4422 Pine Mountain Ave. Caldwell, ID 83607 P&Z Commission Minutes September 25, 2024 Carol Glenn 4409 Middles Boroway Caldwell, ID 83607 Jack Watters 4416 Gap Creek Ave. Caldwell, ID 83607 Ross Toivonen 4512 Gap Creek Ave. Caldwell, ID 83607 Linda Toivonen 4512 Gap Creek Ave. Caldwell, ID 83607 Cheryl Watters 4416 Gap Creek Ave. Caldwell, ID 83607 David Spence 4623 Gap Creek Ave. Caldwell, ID 83607 Michael King 4513 Pine Mountain Ave. Caldwell, ID 83607 Donna Mostad 4600 Yellow Creek Pl Caldwell, ID 83607 Chris Mostad 4600 Yellow Creek Pl Caldwell, ID 83607 Terry Gordon 224 Appalachian St. Caldwell, ID 83607 Jean Powell 4417 Middleboro Way Caldwell, ID 83607 Kelly Powell 4417 Middleboro Way Caldwell, ID 83607 Val Allen 4614 Gap Creek Ave. P&Z Commission Minutes September 25, 2024 Caldwell, ID 83607 Jeff Allen 4614 gap Creek Ave. Caldwell, ID 83607 Sherry Marsicola 107 Appalachian St. Caldwell, ID 83607 Johanna Prescher 4306 Gap Creek Ave. Caldwell, ID 83607 Tannette Taber 4405 Pinnacle Pl Caldwell, ID 83607 Aaron Taber 4405 Pinnacle Pl. Caldwell, ID 83607 Stephanie Maar 720 Sauvageau Ln. Caldwell, ID 83607 Janna Rinderneck 4516 Yellow Creek Pl. Caldwell, ID 83607 Carol Holm 4621 Pine Mountain Ave. Caldwell, ID 83607 Russ Holm 4621 Pine Mountain Ave. Caldwell, ID 83605 Gina Bosco 4621 Pine Mountain Ave Caldwell, ID 83605 David Rinderneck 4516 Yellow Creek Pl. Caldwell, ID 83607 Applicant Rebuttal: Brent Thompson, Developer, 12682 S Fort St, Draper, UT 84020 spoke in rebuttal. • Commercial coming in through Karcher Commons • No commercial companies want their business in that small bubble of commercial area • Willing to reduce 3 story down to 2 story apartments P&Z Commission Minutes September 25, 2024 • Future Comp Plan increases height and density • Diversity and product types to give more dimension same as Karcher Commons • Home values 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: • Access points don’t make sense • Previous city council meeting approved commercial we should stay that way • Neighborhood meeting setting should be mindful of the audience 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 a comprehensive plan amendment from business to medium density residential, rezone from community commercial to medium density residential to include approval of a development agreement modification, and planned unit development and preliminary plat modifications to Soterra Subdivision is: RECOMMENDED FOR DENIAL, because current zoning is appropriate for the area and is compliance with the comprehensive plan. THE MOTION WAS SECONDED BY: ☐ Boutros ☐ Harman ☒ Larson ☐ Whitbeck ☐ Zamora ROLL CALL VOTE: Boutros ☒ Yes ☐ No Harman ☐ Yes ☐ No Absent Larson ☒ Yes ☐ No Whitbeck ☒ Yes ☐ No Zamora ☒ Yes ☐ No MOTION CARRIED NEW BUSINESS None ADJOURNMENT