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Home My WebLink About12-19-2024 PZ MinutesP&Z Commission Minutes December 19, 2024 PLANNING AND ZONING COMMISSION SPECIAL MEETING MINUTES Thursday, December 19, 2024 @ 6:00 pm City Hall, Council Chambers, 205 S. 6th Ave, Caldwell, Idaho Chair Zamora called the meeting to order at: 6:00pm. 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) 1. Approve minutes for the Caldwell Planning and Zoning Commission for the November 7, 2024, hearing. 2. Approve minutes for the Caldwell Planning and Zoning Commission for the November 13, 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 ANN24-000006 / SUB24- 000022 / SUB24-000023 / SUB24-000024 / SUB24-000025 / SUB24-000026 / SUB24-000027 / PUD24-000004: The applicant, Martin Taylor, on behalf of Toll West Inc., is requesting annexation of eight (8) parcels (R3272000000, R3272001000, R3272001200, R3272001100, R3267800000, R3267801200, R3267801000, and R3267801100) with a proposed zoning of R- 1 (Low Density Residential), where the current City comprehensive plan future land use designation is Low Density Residential. Additionally, the applicant is requesting approval of a planned unit development application and six (6) preliminary plats for Verbena Ranch, a multi-phase master planned community with a mix of housing types (single-family detached, single-family clusters, fourplexes, and areas reserved for 55+ active adults) ranging in size from 1,064 square feet to 3,500 square feet, and a mix of lot sizes ranging from 4,135 square feet to 20,314 square feet.. Verbena Ranch will include more than 44-acres of open space and P&Z Commission Minutes December 19, 2024 more than 5-miles of new pathways. The approximate 282.5 acre development is located on the SW and SE corners of W Homedale Road and S 10th Avenue, in Caldwell, Idaho. Staff requested we amend the agenda to the third action item of this date’s hearing. Motion to move business item: MOTION BY: ☐ Boutros ☒ Harman ☐ Larson ☐ Whitbeck ☐ Zamora SECONDED BY: ☒ Boutros ☐ Harman ☐ Larson ☐ Whitbeck ☐ Zamora MOTION CARRIED NEW BUSINESS ACTION ITEM: Public Hearing (Quasi-Judicial) ANN24-000005 Base Layer Caldwell LLC, is requesting annexation of seven (7) parcels (R346550000, R346570000, R346490000, R3464901000, R34649010A0, R3464901100, R3464800000) consisting of approximately 88.59 acres of land, to include all adjacent rights of ways and canals, into the incorporated limits of the city with a zoning designation of M-1, which is consistent with the City’s Comprehensive Plan future land use designation of Industrial. The request includes approval of a development agreement associated with ANN24-000005. The parcels are located northeast of the intersection of Farmway Road and Highway 20/26 and northwest of the Interstate 84 and Highway 20/26 interchange in Caldwell, Idaho. No development or subdivision platting is proposed or planned for as part of this application. Staff requested a continuance to the February 12, 2025, meeting. Motion to move business item to the February 12, 2025, hearing. MOTION BY: ☒ Boutros ☐ Harman ☐ Larson ☐ Whitbeck ☐ Zamora SECONDED BY: ☐ Boutros ☐ Harman ☐ Larson ☒ Whitbeck ☐ Zamora MOTION CARRIED ACTION ITEM: Public Hearing (Quasi-Judicial) Case Number ANN24-000010 / SPP24- 000001: Ardurra Inc., on behalf of Slate Ronald G and Jeanne M Family Trust, is requesting annexation of parcel R3259900000 with a zoning designation of R-1 (Low Density Residential) in compliance with the existing Comprehensive Plan Future Land Use Map designation of Low Density Residential. They are also requesting a preliminary plat for the site to develop Farmway Crossing Subdivision, a single-family residential development with 115 buildable lots over 44.49 acres, for a density of 2.58 dwelling units per acre. The subject parcel is located on the southwest corner of the intersection between Ustic Rd. and Farmway Rd., in Caldwell, Idaho. Staff Presentation: City Associate Planner, Katie Wright, 205 S. 6th Ave., Caldwell, Idaho, presented the staff report by use of a Power Point presentation. She noted: • Caldwell School District hopes to have communication with the developer • Boise Project Board of Control wants the ditch that runs through the property to be unobstructed and protected, if serving neighboring properties Applicant Presentation: P&Z Commission Minutes December 19, 2024 Applicant, Becky Yzaguirre, 1144 S. Silverstone Way, Meridian, ID 83642 presented the applicant’s request by use of a Power Point presentation: • Will pipe and route the seasonal ditch • To be developed in 3 phases • 11 new local roads Commission Questions for Staff and Applicant: • Annexation ordinance review • Communities in Motion (COMPASS) analysis not submitted Public Testimony: Dean Waite, 2154 E. Timbre Trail St., Kuna, ID 83634 signed up in favor of the application but did not wish to speak. Todd Campbell, 2140 S. Mallard Wing Way, Eagle, Idaho, signed up favor of the application but did not wish to speak. Jeanne Slate, 4202 Farmway Rd. Caldwell, ID 83607, signed in favor of the application but did not wish to speak. Delmer Slate, 3565 Pioneer Rd., Homedale, ID 83628, signed in favor of the application but did not wish to speak. Applicant Rebuttal: Applicant, Becky Yzaguirre, presented the applicant’s stated: • They’re proud of the work they’re doing and want to provide a quality product for the community Motion to close public discussion: MOTION BY: ☒ Boutros ☐ Harman ☐ Larson ☐ Whitbeck ☐ Zamora SECONDED BY: ☐ Boutros ☒ Harman ☐ Larson ☐ Whitbeck ☐ Zamora MOTION CARRIED Evidence List: Staff Report and presentation documents Applicant presentation documents Sign-up sheets Commission Discussion and Deliberation: • Caldwell School District concerns • Traffic Impact Study • Public agency comments, specifically Communities in Motion (COMPASS) • Commercial properties are close • Roads and water issues are being addressed 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 P&Z Commission Minutes December 19, 2024 FOLLOWS: ☐ Boutros ☒ Harman ☐ Larson ☐ Whitbeck ☐ Zamora MADE A MOTION AS FOLLOWS: The request for annexation of parcel R3259900000 with a zoning designation of R-1 (Low Density Residential), and Case No. SPP24-01 for a preliminary plat for Farmway Crossing 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: Harman ☒ Yes ☐ No Whitbeck ☒ Yes ☐ No Boutros ☐ Yes ☒ No Zamora ☒ Yes ☐ No Larson ☐ Yes ☐ No absent MOTION CARRIED ACTION ITEM: Public Hearing (Quasi-Judicial) Case Number ANN24-000012 / CPM24- 000004 / SUP24-000017: RCK Consultants, on behalf of Juan Pinto, is requesting annexation of parcel R3086900000 with a zoning designation of R-3, high density residential, a comprehensive plan future land use map amendment from medium density residential to high density residential, and a special use permit for a multi-family project with thirty-five (35) dwelling units on 1.45 acres for a density of 24 units per acre, with a development agreement. The property is addressed as 17507 Midland Blvd., and is located on the northwest corner of the intersection of Midland Blvd., and Laster St. in Caldwell, ID. Staff Presentation: City Associate Planner, Katie Wright, 205 S. 6th Ave., Caldwell, Idaho, presented the staff report by use of a Power Point presentation. She noted: • City of Nampa Planning & Zoning is not in support of the density of this project Applicant Presentation: Applicant, Craig Kulchak, 4839 Mountain View Dr. Boise, presented the applicant’s request and discussed: • R-3 with 36 units • Requesting height of 45’ Commission Questions for Staff and Applicant: • Justification of R-3 zoning Public Testimony: Hector Reyes, 18072 N. Franklin Blvd., Nampa, ID signed in favor of this application and did not wish to speak. P&Z Commission Minutes December 19, 2024 Meydi Blagojevic, 7110 E. Columbia Rd. Nampa, ID signed in favor of this application and did not wish to speak. David Broome, 17400 Midland Blvd. Nampa, ID spoke in opposition of this application and spoke of • Traffic • Density • Roads Applicant Rebuttal: Applicant, Craig Kulchak spoke in rebuttal: • Extend Laster to assist with traffic • Right infill for location Motion to close public discussion: MOTION BY: ☒ Boutros ☐ Harman ☐ Larson ☐ Whitbeck ☐ Zamora SECONDED BY: ☐ Boutros ☐ Harman ☐ Larson ☒ Whitbeck ☐ Zamora MOTION CARRIED Evidence List: Staff Report and presentation documents Applicant presentation documents Sign-up sheets Commission Discussion and Deliberation: • City of Nampa opposition letter • Building height • Staff concerns in staff report • Density is incompatible 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 R308690000 with a zoning designation of R-3 (High Density Residential) and a comprehensive land use map amendment to high density residential to include approval of Resolution 260-24; is recommended for denial for incompatibility with the surrounding area. THE MOTION WAS SECONDED BY: ☐ Boutros ☐ Harman ☐ Larson ☒ Whitbeck ☐ Zamora ROLL CALL VOTE: Boutros ☒ Yes ☐ No P&Z Commission Minutes December 19, 2024 Harman ☒ Yes ☐ No Larson ☐ Yes ☐ No absent Whitbeck ☒ Yes ☐ No Zamora ☒ Yes ☐ No MOTION CARRIED ACTION ITEM: Public Hearing (Quasi-Judicial)Case Number ANN24-000006 / SUB24- 000022 / SUB24-000023 / SUB24-000024 / SUB24-000025 / SUB24-000026 / SUB24-000027 / PUD24-000004: The applicant, Martin Taylor, on behalf of Toll West Inc., is requesting annexation of eight (8) parcels (R3272000000, R3272001000, R3272001200, R3272001100, R3267800000, R3267801200, R3267801000, and R3267801100) with a proposed zoning of R- 1 (Low Density Residential), where the current City comprehensive plan future land use designation is Low Density Residential. Additionally, the applicant is requesting approval of a planned unit development application and six (6) preliminary plats for Verbena Ranch, a multi-phase master planned community with a mix of housing types (single-family detached, single-family clusters, fourplexes, and areas reserved for 55+ active adults) ranging in size from 1,064 square feet to 3,500 square feet, and a mix of lot sizes ranging from 4,135 square feet to 20,314 square feet.. Verbena Ranch will include more than 44-acres of open space and more than 5-miles of new pathways. The approximate 282.5 acre development is located on the SW and SE corners of W Homedale Road and S 10th Avenue, in Caldwell, Idaho. Staff Presentation: Senior Planner, Joseph Dodson, 205 S. 6th Ave., Caldwell, Idaho, presented the staff report by use of a Power Point presentation. He noted: • Vallivue School District – donation agreement • Fire – approved phasing and access plans • Conditions include: o 10th Ave. landscape street buffers in 1st phase o Shared open spaces o Additional parking for 4-plexes o 10’ pathway o Additional sidewalk connection in Meadow’s plat o Republic Services approval • Applicant requests – modify noted conditions within the staff report per the applicant’s memo dated Dec. 18th. Applicant Presentation: Applicant, Jeff Bower, 601 W. Bannock, Boise, presented the applicant’s request and discussed: • Agree to conditions with previously stated modifications • Compatible with comprehensive plan • Purpose of PUD is to increase density but to reduce lot sizes • 6 preliminary plats with 6 planning areas • West is age restricted/target • East side has no restrictions • 6 miles of pathways • 15 amenity spaces o Pickleball P&Z Commission Minutes December 19, 2024 o Fitness centers o 4 pools with community centers o 2 ponds o Orchard • Roads are proposed to be private gated streets on west • Asking to waive off lot common parking accommodations • Private streets are for vehicular limitation Private streets: no change to roads, who’s going to own and maintain them. Vehicular limitation, not proposing to limit access to pedestrians, etc. Additional comments from Senior Planner, Joe Dodson: • Private streets o PUD allows them to request o No change, just who will own and maintain o 4-plexes, internal circulation Commission Questions for Staff and Applicant: • 30% restrictions only apply to use • % of net area for land use areas • Private lane • West side amenities won’t have any regulations – all public can use amenities • East side is specific to planned area with key card • Open space will be used by all public • Vallivue School District letter in packet • Discrepancy in lot sizes Public Testimony: Butch and Julie Jeffrey, 15179 David St., Caldwell, Idaho, spoke in neutral of this application. • Water tank • Water • Traffic • Property Values • Roads Gordon Taiariol, 16226 Horizon Dr., Caldwell, ID spoke in opposition of this application. • Safety concerns regarding police and fire • Traffic Carl Anna, 105 W. Homedale Rd., Caldwell, ID83607 spoke in opposition of this application. • Traffic • Water • Density • Safety Ron Dillon, 15187 Daniel St., Caldwell, Idaho, spoke in opposition of this application. • Water • Canyon County Comprehensive Plan • 1973 Farm Act in Oregon P&Z Commission Minutes December 19, 2024 • Traffic • Growth Patricia Aston, 14102 Shenandoah Ct., Caldwell, Idaho spoke in opposition of this application. • Growth • Safety concerns H.E. Beth Carico, 16227 S. Kimball Ave., Caldwell, Idaho spoke in opposition of this application. • Traffic • Water • Views • Commercial Property Joe Carico, 16227 S. Kimball Ave., Caldwell, Idaho spoke in opposition of this application. • Retired Battalion Fire Chief • Staffing for safety services • Water supply Joe Dodson responded to audience comment: • Canyon County’s Comp plan does not apply • Element Ridge is not on the docket for tonight • Definition of low density Applicant Rebuttal: Jeff Bower, presented the applicant’s rebuttal and discussed: • Road improvements • Frontage • Water – city decides how it’s provided • Fire department provided conditions but support and approve • Fire impact fees • City of Caldwell’s Comprehensive Plan applies • Low density zoning • Schools Motion to close public discussion: MOTION BY: ☒ Boutros ☐ Harman ☐ Larson ☐ Whitbeck ☐ Zamora SECONDED BY: ☐ Boutros ☒ Harman ☐ Larson ☐ Whitbeck ☐ Zamora MOTION CARRIED Evidence List: Staff Report and presentation documents Applicant presentation documents Sign-up sheets Commission Discussion and Deliberation: • Schools • No nearby services • Traffic impact study P&Z Commission Minutes December 19, 2024 • Parking • Traffic • Gated streets are prohibited • Amenities are limited to public Joe Dodson • Each independent preliminary plat stands alone • Gates aren’t prohibited but they’re not allowed • City Council has requested we write code about gated streets • Private streets exist but not gated streets 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 8 parcels with a zoning designation of R-1 (Low Density Residential), and preliminary plats SUB24-22 through SUB24-27 for the Verbena Ranch Planned Unit Development is recommended for denial because of extensive PUD incompatibility with the surrounding area. THE MOTION WAS SECONDED BY: ☐ Boutros ☐ Harman ☐ Larson ☒ Whitbeck ☐ Zamora ROLL CALL VOTE: Boutros ☒ Yes ☐ No Harman ☒ Yes ☐ No Larson ☐ Yes ☐ No absent Whitbeck ☒ Yes ☐ No Zamora ☒ Yes ☐ No MOTION CARRIED ACTION ITEM: Public Hearing (Legislative): CPM24-000006 and ZOA24-000002: The City of Caldwell is requesting a comprehensive plan amendment for the adoption of a Capital Improvements Plan and Traffic Impact Fee program. The Capital Improvements Plan identifies and prioritizes transportation projects through 2041 within the service area, which includes the city and parts of Highway District 4’s planning area. The Traffic Impact Fee program identifies eligible roadway projects from the Capital Improvements Plan to be funded through traffic impact fees and identifies a traffic impact fee schedule. Adoption of the Capital Improvements Plan and Traffic Impact Fee program will allow the City of Caldwell to collect development impact fees to fund impact fee eligible roadway projects. The Capital Improvement Plan and Traffic Impact Fee program were developed in accordance with the Idaho Development Impact Fee Act (Idaho Code 67-82). Concurrently, the City of P&Z Commission Minutes December 19, 2024 Caldwell is requesting ordinance text amendments to Chapter 10, Article 3, Chapter 10, Article 2, and Chapter 10, Article 9 of Caldwell City Code. The ordinance amendments are cleaning up some of the text language for clarity, reformatting some of the code sections, and amending text related to traffic impact fees, business licensing, bonding, alternative compliance, and other administrative sections. Staff Presentation: Community Development Deputy Director, Morgan Bessaw, 205 S. 6th Ave., Caldwell, Idaho, presented the staff report by use of a Power Point presentation. She noted: • Create new Traffic Impact Fee Program Public Works Director Robb MacDonald, 205 S 6th Ave., Caldwell, Idaho spoke for the city. • Traffic mitigation formerly dictated • Transportation Master Plan has been completed • Impact fee would be levied on development • New growth would be on the backs of the development • Traffic mitigation would be closed out and moved on to traffic impact fees Mark Heisinger, Senior Engineer, Kittelson & Associates, Inc., 101 S. Capitol Blvd., Suite 301, Boise, Idaho, presented the Capital Improvement Plan and Traffic Impact Fee Program by way of a Power Point presentation: • Project Timeline • Study Area • Idaho Impact Fee Act (67-82) • CIP Project Map • Purpose • Example Calculations • Outcome/Next Steps Commission Questions for Staff: • When do impact fees stop? Government overreach • Impact Fee Advisory Committee involvement • Impact fee increases need to be approved by City Council • Other cities have similar CIP impact fee program in place • Existing system deficiencies – cannot be retroactive • Annexation without landowner approval Morgan Bessaw • City can annex with force based on State code but would have to have interest • Judicial review would be allowed Morgan Bessaw, presented the comp plan amendment as it relates to code. • Two Parts: comp plan amendment and zoning ordinance • Zoning ordinance text amendment: o Clerical changes to verbiage reference Planning and Zoning Dept. and Director to Community Development Dept. and Director • Business Permits • Alternative methods of compliance • Creation of bonding code for Community Development Dept. P&Z Commission Minutes December 19, 2024 Questions cont. • Can we approve one part and deny the other? Yes. • What happens if we don’t adopt these impact fees? o Perpetual traffic problems will worsen. o Other cities having better road systems because these fees are adopted o Quality of roads will worsen over time • Mitigation fees vs. Traffic Impact Fees o Because this is in a Planning and Zoning code we decided to come to P&Z Commission vs just going straight to City Council o Tax payers vs new development o City makes the developers pay up front to prevent tax payers from having to pay to improve roads. • Developers currently paying fees o Agreed – for frontage o TIP money is pooled to pay for more expensive projects such as roundabouts • Impact Fee Advisory Board involvement o Choose to approve or choose to continue and include their involvement o Recommend Impact Fee Advisory Board have involvement before it goes in front of City Council Motion to close public discussion: MOTION BY: ☐ Boutros ☐ Harman ☐ Larson ☒ Whitbeck ☐ Zamora SECONDED BY: ☒ Boutros ☐ Harman ☐ Larson ☐ Whitbeck ☐ Zamora MOTION CARRIED Evidence List: Staff Report and presentation documents Applicant presentation documents Sign-up sheets Commission Discussion and Deliberation: • Wants opinion from Impact Fee Advisory Committee • #1 thing from public is about traffic • Potential condition of approval: the Impact Fee Advisory Committee review and comment on impact fees prior to City Council 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 for the adoption of a Capital Improvements Plan and Traffic Impact Fee program, and the zoning ordinance text amendments to Chapter 10, Article 3, Chapter 10, Article 2, and Chapter 10, Article 9 of Caldwell City Code is recommended for approval subject to the conditions of approval as