The URL can be used to link to this page

Home My WebLink About4-9-1998 P&Z MINUTES . w ! CALDWELL PLAN1vING AND ZONING COMMISSION MINUTES OF APRIL 9,1998 I. Call to Order - Chairman Bill Roos called the meeting to order at approximately 7:00 p.m. II. Roll Call Members Present: William Roos, Charles Murphy, Ray McLaughlin Members Absent: Reed Taylor Staff Present: Linda James, 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 conflicts of interest: there were none. V. Old Business — A. Approve Minutes of March 26, 1998 — Motion: Commissioner McLaughlin. Second: Commissioner Murphy. Approve as written. Passed: Unanimous voice vote. B. Approve Order of Decision for the Following Cases: Case No. SUB-08F-97 (WestValley Estates No. 3); Case Nos. ANN-07-98 and SUP-29-98 (LDS Church); Case Na SUP-30-98 (A1phaBears); Case No. VAR-09-98 (Nextel Communications). Motion: _ Commission Murphy. Second: Commissioner McLaughlin. Approve all Order of Decisions for the four cases as written. Passed: Unanimous voice vote. C. Continued Cases from March 26,1998 Hearing 1. Case No. SUB-20P-98 (Subia Subdivision), a request by Vern and Judy Subia to develop 9 residential lots on approximately 2 acres located in an R-1 zone. The subject site is located on the south side of Logan Street, and east of Marshall Avenue. Linda James stated that City Engineer, Gordon Law, was unable to be in attendance this evening to answer Commissioners' questions, but that she had spoken with him regarding concerns voiced at the March 26 hearing. They had agreed that this project was a classic infill and that members should seriously consider the requested variance from a 56-foot right-of-way. The questions needing to be asked are: 1) did the Applicants make the effort to discuss with property owners on the west and east, the possibility of obtaining additional right-of-way for street construction; and, 2) is there more potential to obtain future right-of-way from the east or west side? She also noted that the Applicants had agreed to provide the required easements. P&Z Minutes — April 9, 1998 Page 1 , . � Art Schultz, Applicants representative, submitted Exhibit PZ 1003, a written response to specific ► requirements set forth in the staff report. Mr. Schultz testified that the Applicants had discussed the need for additional right-of-way with the property owners to the west and east and that there was no interest from either party. He also testified that there would be pressurized irrigation; the road will be relocated along the eastem boundary and not the west, and will be designed to comply with stormwater requirements. Judy Subia, Applicant, testified that her husband had spoken with the property owners to the east and that they were not interested in granting additional right-of-way. Comprehensive Plan Analysis — Motion: Commissioner Murphy. Second: Commissioner McLaughlin. The project is in compliance with the following Comprehensive Plan Components: Land Use Goal; Residential Categories, Policies 1, 2, 3, 9, 10, and 11. Utilities, Policies 2, and 3. Urban Storm Runoff, Policies 1 and 2. Housing, Policies SC. Passed: Unanimous voice vote. Findings of Fact - Motion: Commission Murphy. Second: Commissioner McLaughlin. Accept the general facts as findings of fact and include the testimony that the Applicants will provide pressurized irrigation and will redesign the plat to place the street on the east side., and will serve 9 lots, and the easements required by the City Engineer will be shown on the plat. Passed: Unanimously by voice vote. Conclusions of Law — Motion: Commissioner Ray McLaughlin. Second: Commissioner Murphy. The Commission has the authority to hear this Case, public notice requirements were met, a11 files and exhibits were and are available as required by law. Passed: Unanimous voice vote. Order of Decision — Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Approve preliminary plat of Subia Subdivision with the standard conditions as stated in the staff report and include the requirement that the stormwater plan must be approved by the City Engineer with the intent to keep water from running in the road and impeding traffic. Passed: Unanimously by roll call vote. 2. Case No. SUB-11F-96 (Falcon Ridge Estates No. 1), a request by K& L Development for fmal plat approval to develop 54 residential lots on approximately 11.795 acres located in the R-1 Zone, and SUB-11P-96 (Falcon Ridge Estates No. 2), an extension of preliminary plat approval to develop 30 residential lots on approximately 7.29 acres located in the R-1 zone. The site is located on the northwest corner of the intersection of Montana Avenue and Homedale Road, and lies adjacent to the southern boundary of Silverbow Estates Subdivision. John Laude, Applicant, testified that he was requesting the original preliminary plat approval, granted in 1996, to be considered as two phases. Phase one, consisting of 54 lots, is ready for fmal plat approval; the remaining 30 lots are to remain as phase two, with a 12-month approval period. Findings of Fact — Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Accept the general facts as outlined in the staff report. Passed: Unanimous voice vote. Conclusions of Law — Motion: Commissioner McLaughlin. Second: Commissioner Murphy. The Commission has the authority to hear this Case, public notice requirements were met, a11 files and exhibits were and are available as required by law. Passed: Unanimous voice vote. P&Z Minutes — Apri19, 1998 Page 2 . . .► Order of Decision on Preliminary Plat Extension for Phase 2— Motion: Commissioner ' Murphy. Second: Commissioner McLaughlin. Approve the preliminary plat extension of Phase 2 with the standard conditions as outlined in the report. Passed: Unanimously by roll call vote. Recommendation to City Council for Final Plat Approval of Phase 1— Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Recommend to the Mayor and City Council that final plat approval be granted to Falcon Estates Subdivision, Phase 1. Passed: Unanimously by roll call vote. VI. New Business — A. Case Nos. ZON-03-97, ANN-06-97, and SUP-26-97 (Timberland Estates). Planning and Zoning Commission members heard these requests concurrently and voted on January 8, 1998 to recommend to City Council approve Case No. ANN-06-97 and recommended that Case No. ZON-03-97 be denied. Members approved Case No. SUP-26-97, contingent upon Council approving the annexation. On February 17, 1998, City Council denied both the annexation and rezone requests, and on March 16, 1998, they remanded Case No. SUP-26-97 back to Planning and Zoning Commission members for clarification that this permit was now null and void. Motion: Commissioner Murphy. Second: Commissioner McLaughlin. SUP-26-97 (Timberland Estates) is null and void because Council denied approval of the annexation and rezone requests for the project site. Passed: Un�nimously by roll call vote. VII. Discussion on Planning Issues: No discussion was held. VIII. Adjournment: Chairman Roos adjourned the meeting at approximately 8:00 p.m. MIl�TUTES APPROVED ON THE AT A REGULARLY SCHEDULED MEETING HELD � APRIL 23, 1998. t „ C_--' ATTEST: Chairman Roos �� Community Devel Director P&Z Minutes — Apri19, 1998 Page 3