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Home My WebLink About1-8-1998 P&Z MINUTES f �W CALDWELL PLANI�ING AND ZOIVING COMNIISSION MINUTES OF DECEMBER 11,1997 AND JANUARY 8,1998 I. Call to Order - Chairman Bill Roos called the meeting to order at approximately 7:00 p.m. � II. Roll Call Members Present: Charles Murphy, Mike Nachtigall, William Roos Members Absent: Sonia Huyck Staff Present: Linda James, Bud Knickerbocker, Charma Comer III. Review of Proceedings - Chairman Roos reviewed the procedures for public hearings. IV. Poll Members for Conflict of Interest - Chairman Roos polled members for any conflicts of interest: there were none. V. Old Business - Approve Minutes of November 13, 1997 - Motion: Commissioner Murphy Second: Commissioner NachtigalL Approve as written. Passed: Unanimously. VI. New Business - Public Hearings Case No. ZON-03-97, ANN-06-97, SUP-26-97 (Timberland Estates), a request by Joe Stafford to hear concurrently Case No's. SUP-26-97 (Timberland Estates), to develop a phased 227 lot mobile home park on approximately 38.49 acres, AND Case ANN-06-97, to annex approximately 33.83 acres currently zoned Country "A" into the City as an R-2 zone, AND Case No. ZON-03-97, to rezone approximately 4.66 acres from City R-1 to City R-2. The 38.49 acre single parcel in located on the east side of Lake Avenue and adjacent to the south boundary of Hickman Subdivision. Linda James presented the staff report and stood for questions. The following additional testimony was presented to Planning and Zoning Commission members on December 11, 1998: Joe Stafford, applicant, testified to the following: during phase one, a 20-foot berm with landscaping will be installed at the entrance to the park; all lots will be landscaped; there will be pressurized irrigation to each lot; sidewalks will be installed on one side of the streets in the park; utilities will be installed underground; there will be three public areas: one in the first phase, which will be bermed with trees and landscaping; the second area will be constructed in the third phase and will be a tot lot and roller-blading area; the thi.rd area will be constructed in the fourth phase and will be a park area with picnicking; the RV P&Z Minutes — January 8, 1997 Page 1 storage area, mailbox clustering, and on-site manager's quarters will be installed in the first phase; the " interior streets will be 34-foot wide, paved, with rolled curb and gutter; the density is 6.05 lots per gross ' acre; the rental agreement includes a section that persons renting lots must also own the home, and if the home is sold the developer reserves the right to approve the sale and the buyer; the rules and regulations of the park include: requirements for a 325-square foot storage unit on each lot; skirting to match the home's color; lawns have to be mowed at least once a week; no car repair on the property; no noise or illegal activity will be permitted; nothing can be stored on a lot except in the storage unit; sewer and water lines will be eactended approxixnately a half mile to the project and at the developer's cost and the lines will be dedicated to the City; he will install lighting as recommended by the City Engineer; there will be lighting at the front of the development; there will curb/gutter/sidewalk installed along LakeAvenue; the proposal is for six or seven phases with 40-lot increments; each phase in anticipated to take 12- to 18 months to complete, with a total build out of 6- to 9 years; build-out of the project will be market driven. Rick McGraw spoke in favor of the application and testified to the high qualiry of developments completed by the applicant. Bradley J.Wickirchen of the law firm, Holland & Hart, presented an"Objection to Motion to Dismiss Application for Special Use." Mr. Wickirchen testified that Idaho's Local Planning Act contemplates multiple, simultaneously-filed permit applications and that the granting of the special use permit would not be actYng extraterritorily or unconstitutionally. The following persons spoke in opposition to the application. They were (in no particular order): Mark L. Pollot, representing Bill and Ruth Bua�ton; Dick Buxton; Ken Brush; Michael Bruesch; Claudia Brush; Don Taylor; Ruth Buxton; James Buxton; Marilyn Buxton; Connie Blayney; Trish James; Ina Mae Buxton; Alice Cantrell; Valorie Bruesch; Beatrice Reyes; Jerry Bartlett; Caludia Van't Hof; Pete Stadther; Mark Pollot. Testimony included high density; no need shown for the project to be developed; the high increase in traffic; the burden on schools; an increase in crime; the adverse effect on surrounding farm land; the project doesn't comply with the Comprehensive Plan; the project will be detrimental to the e�cisting rural way of life and rural activities. Jerry Bartlett and Mark and Sharon Gamble noted their opposition on the sign-in sheets but did not speak. William F. Gigray, of the law firm of White, Peterson, Pruss, Morrow & Gigray, P.A., representing Connie Blayney, Kenneth E. Brush, and Ruth Buxton presented "Motion to Dismiss Application for Special Use," and "Memorandum in Support of Motion to Dismiss Special Use Permit Application." Mr. Gigray testified that approval by the Planning and Zoning Commission of the special use permit before annexing the second parcel would be extratemtorial and unconstitutional. He also testified that the proposed project is not in compliance with the Comprehensive Plan. E�chibits submitted were as follows: `E�ibit, unnumbered, Legal Opinion, Richard L. Harris PR 13 - Letter from Barbara Chidester opposing the development PR 14 - Letter from Ted Rickwa opposing the development PZ 1000 - copy of Assessor's map showing site and surrounding zoning PZ 1001 - Honstead Home Center estimate of costs for new home and financing PZ 1002 - List of parks called on December 1 l, 1997 showing available lots PZ 1003 - Pictorial information on Joe Stafford's subdivision developments PZ 1004 - Letter from Dick Buxton to Canyon County P& Z opposing the development PZ 1005 - Letter from Dick Buxton to Caldwell P& Z, City Council and Mayor, opposing rezone E�ibit #1 - Copy of parcel map showing the subject area, submitted by Dick Bu�cton PZ 1006 - Aerial photograph of subject site and surrounding area, submitted by Dick Buxton PZ 1007 - Aerial photograph of subject site and surrounding area, submitted by Dick Buxton PZ 1008 — Two copies of photographs of Buxton homestead, submitted by Dick Biixton PZ 1009 — Letter from Ken Brush opposing development PZ 1010 — Written comments regarding irrigation concerns, submitted by Ken Brush P&Z Minutes — January 8, 1997 Page 2 PZ 1011— Letter from Valorie Bruesch opposing the development ' PZ 1012 — Cover letter and presentation paper by Michael Bruesch opposing the development � PZ 1013 — Photos of roads/streets that would serve the site, submitted by Claudia Bruesch PZ 1014 — Report on economics of trailers, submitted by James Buxton PZ 1015 — Report on influences of residential properties, submitted by Marilyn D. Bu�ton PZ 1016 — Photos and report regarding Blayney Area, submitted by Connie Blayney PZ 1017 — Three-ring binder with staxistics/demographics, submitted by Wm. Gigray PZ 1018 - Traffic Discussion report PZ 1019 — Demographics for Caldwell, submitted by Joe Stafford PZ 1020 — Written objections on development, Mark L. Pollot representing Buxtons Due to the lateness of the hour, Chairman Roos called for a continuation of the hearing to the next regularly scheduled Commission meeting in order for members to have the opportunity to digest all of the written information presented during the hearing. Motion: Commissioner Nachtigall. Second: Commissioner Murphy. Continue the hearing on Timberland Estates to Thursday, January 8, 1998, at 7:00 p.m., City Hall Council chambers. Passed: Unanimously. January 8,1998 — 7:00 p.m., City Hall Council �hambers. Chairman Roos reconvened the hearing on Case Nos. ZON-03-97, ANN-06-97, and SUP-26-97 (Timberland Estates). Members present: Murphy, Nachtigall, Roos. Staff present: Linda James, Bud Knickerbocker, Charmer Comer. No conflicts of interest were noted. At the continued hearing Planning and Zoning Commission members called Joe Stafford and his engineer, Brent Claiborne, forward to answer questions. Joe Stafford testified to members questions as follows: recreation area A also includes stormwater retenrion; there are 227 lots of which 223 aze residential and 4 aze common areas; he agrees to deed 30 feet of right-of-way along Laster Lane north of the quarter section line, 40 feet of right-of-way along the property fronting Lake Avenue, and 40 feet along all portions of properiy fronting Unstick Road; density of 6.05 lots per acre was reached by subtracting the rights-of-way dedicated to the City from the gross acreage. Brent Claiborne, applicant's engineer, testified to members questions as follows: stormwater will be discharged into Wilson Drain as the water the property has always been discharged into this drain; the Department of Water Resources has to approve any drainage into Wilson Drain; drainage is designed to standards that will cause the least disturbance; the streets are 34 feet curb-to-curb; the site plan submitted to Commission members is considered to have general information and was drawn to exact scale, but the final design of the project will comply with lot size requirements. Planning and Zoning Commission members offered William Gigray the opportunity for rebuttal. Mr. Gigray testified that the density does not comply with the Comprehensive Plan. City Attorney Richard Harris responded to a question from Commissioner Murphy that the northern entrance to the park, as shown on the site plan being within the City's corporate boundaries couldn't be constructed without the rezone. He also reiterated to Commission members that they could legally hear , these concurrent requests but that the special use decision would be conditioned upon annexation and consistent zoning being approved by City Council. There being no further questions, Chairman Roos closed public testimony. Comp. Plan Analysis — Motion: Commissioner Murphy. Second: Commissioner Nachtigall. Commission members conducted the Comprehensive Plan analysis as to the overall project, which included the request for a rezone, annexation and special use pernut. The requests were found to be applicable to the following components and in compliance with the Comprehensive P&Z Minutes - January 8, 1997 Page 3 Plan, as follows: Agricultural Land Use, Policies 1& 3— Residential Categories, Policies ' 1,2,3,6,7,9 and 10. — Essential Services, Policy 1— Utilities, Policies 1,2 and 3— Urban Storm � Runoff, Policies 1 and 2— Housing, Policies 1,2,3 and Sa — Community Design, Policies 3,4,7,8 and 9. Approved: Unanimously for the concurrent cases. P Findings of Fact — Motion: Commissioner Murphy. Second: Commissioner Nachtigall. Adopt the general facts as a part of Findings of Fact; the applicant has acknowledged and addressed the concerns of the City Engineer and is in agreement with them. The hearing was properly noticed, and the Comprehensive Plan review found that the project is in accordance. Passed: Unanimously, for the concurrent cases. Conclusions of Law - Motion: Commissioner Nachtigall, Second: Commissioner Murphy. The hearing was properly noticed; the Planning and Zoning Commission is authorized to hear concurrent cases; the Commission has reviewed the facts regarding these requests; and the Comprehensive Plan analysis showed compliance with the Plan. Passed: Unanimously approved for the concurrent cases. Recommendation to City Council on Annexation — Motion: Commissioner Murphy. Second: Commissioner Nachtigall. Planning and Zoning Commission members by unanimous vote recommend to the Caldwell City Council that Case No. ANN-06-97, a request by Joe Stafford to annex approximately 33.83 acres into the City as an R-2 zone be approved. Recommendation to City Council on Rezone from R-1 to R-2 — Motion: Commissioner Nachtigall. Recommend to City Council that Case No. ZON-03-97 be approved. Commissioner Nachtigall's motion died for lack of a second. Motion: Commissioner Murphy. Second: Chairman Roos. Recommend to City Council that Case No. ZON-03-97, a request by Joe Stafford to rezone approximately 4.66 acres from City R-1 to City R-2 be denied. Passed: Two ayes; one nay. Decision on Special Use Permit - Motion: Commissioner Murphy. Second: Commissioner Nachtigall. Based on the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission orders that the request by Joe Stafford for a Special Use Permit to develop a mobile home park on approximately 33.83 acres, under recommendation to City Cou.ncil far annexation as an R-2 zone, be approved with conditions. Passed: Unanimously. Chairman Roos informed the audience that anyone wishing to appeal the decision of the Commission could do so by contacting Linda James, Community Development Director. III - New Business: Case No. SUB-13F-97 (Winter Place Subdivision), a request by Jack Winters for fmal plat approval to develop 8 residential lots on approximately 1.578 acres located the C-3 zone. The site is located on the southwest side of Joliet Street and the northwest side of North 5�' Avenue, and is described as a part of Block 40, Golden Gate Addition. The staff report was presented by Linda James. The following persons spoke in favor of the final plat: Susan Wildwood, applicant's representative, and Jack Winters, applicant. P&Z Minutes — January 8, 1997 Page 4 The following persons expressed concerns with the opening of Joliet Street through their '' property: Gary Littlefield; William Gigray, III, representing Ernest and Carol Bull; Ernst Bull; , � Ruth Thomas. William Gigray, III, proposed the following wording be added to any recommendation for fmal plat approval: Any road and street improvements associated with the development of Winters Place Subdivision are not to be included or be placed upon the existing developed yards of the properties known as 320, 321 and 324 Joliet Street, and that in the event there are any improvements to Joliet Street at said locations, the City shall cause, by responsible surveying means, the location of the front yards at 320, 321 and 324 Joliet Street to be established for future reference in compliance with this recommendation. Susan Wildwood noted for the record that the applicant agreed to the wording proposed by William Gigray. Findings of Fact: Motion: Commissioner Murphy. Second: Commissioner Nachtigall. Adopt the general facts outlined in the staff report and the testimony offered as Findings of Fact. Passed: Unanimously. Conclusions of Law: Motion: Commissioner Murphy. Second: Commissioner Nachtigall. The hearing was properly noticed, and the Planning and Zoning Commission have the legal authority to hear the request. Passed: Unanimously. Recommendation to Mayor and City Council on Final Plat: Motion: Commissioner Murphy. Second: Commissioner Nachtigall. Recommend to the Mayor and City Council that Case No. SUB-13F-97 (Winters Place Subdivision), a request by Jack Winters for fmal plat approval to develop 8 residential lots on approximately 1.58 acres located in a C-3 zone be approved, with the following directive: "Any road and street improvement associated with the development of Winters Place Subdivision are not to be included or be placed upon the existing developed yards of the properties known as 320,321 and 324 Joliet Street, and that in the event there are any improvements to Joliet Street at said locations, the City shall cause, by responsible surveying means, the location of the front yards at 320, 321 and 324 Joliet Street to be established for future reference in compliance with this recommendation." Passed: Unanimously. Case Nos. SUB-15P-97, SUB-15F-97 (Bennett Estates), a request by Terry Bennett for preliminary subdivision plat approval to develop 6 manufactured home lots on approximately 2.35 acres located in the R-2 zone, and Case No. SUB-15F-97 for a recommendation to City Council for final plat approval of Bennett Estates. The site is located at the northeast corner of the intersection of East Madison Street and North First Avenue. Bud Knickerbocker presented the staff report. The request was heard as a Short Plat. Brent Claibourne of Earl & Associates, answered questions on behalf of the applicant. Findings of Fact — Motion: Commissioner Murphy. Second: Commissioner Murphy. The General Facts are adopted as the Findings of Fact. Passed: Unanimously. Comprehensive Plan Analysis — Motion: Commissioner Murphy. Second: Commissioner Nachtigall. The proposed project is in compliance with the following components: Agricultural P&Z Minutes - January 8, 1997 Page 5 Land Use, Policies 1 and 3; Residential Categories, Policies , 2, 3, 6, 7, 8, 9, and 10; Utilities, '; Policies 1, 2, and 3; Urban Storm Runoff, Policy 1; Transportation, Policy 10; Housing, Policies l, 2, 3, and SC; Community Design, Policies 1, 3, 4, 7, and 8. Passed: Unanimously. Conclusions of Law - Motion: Commissioner Murphy. Second: Commissioner Nachtigall. The project meets all legal requirements and City codes. Passed: Unanimously. Order of Decision on Preliminary Plat — Motion: Commissioner Murphy. Second: Commissioner Nachtigall. Based on the Findings of Fact and Conclusions of Law, preliminary plat approval of Case No. SUB-15P-97 (Bennett Estates), to develop six (6) manufactured home lots on approximately 2.35 acres located in the R-2 zone be approved, subject to conditions. Passed: Unanimously. Recommendation to City Council on Final Plat — Motion: Commissioner Murphy. Second: Commissioner Nachtigall. Recommend to Mayor and City Council that fmal plat approval for Case No. SUB-15F-97 (Bennett Estates) be approved. Passed: Unanimously. Chairman Roos informed the audience that anyone wishing to appeal the decision of the Commission could do so by contacting Linda James, Community Development Director. VIII. Discussion on Planning Issues: Linda James informed members that this was Sonja Huyck's and Mike Nachtigall's last hearing as a Planning and Zoning Commission member. Members expressed their appreciation for the efforts and hard work offered by Mrs. Huyck and Mr. Nachtigall. James also noted that no hearings had been scheduled for January 22, but that she was scheduling a workshop for that night on proposed amendments to the Zoning Ordinance regarding manufactured homes on individual lots. Linda James introduced Ray McLaughlin, a newly appointed member. 1X. Adjournment: Chairman Roos adjourned the meeting at approximately 9:50 p.m. MIl�TUTES APPROVED ON THE DAY OF FEBRUARY, 1998 Chairman Roos P&Z Minutes - January 8, 1997 Page 6