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HomeMy WebLinkAbout4-23-1998 P&Z MINUTES �^ Y • ! CALDWELL PLANNING AND ZONING COMMISSION MINUTES OF APRIL 23,1998 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, 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 conflicts of interest: there were none. V. Old Business - A. Approve Minutes of April 9, 1998 - Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Approve as written. Passed: Unanimous voice vote. B. Approve Orders of Decision for the Following Cases: Case No. SUB-20P-98 (Subia Subdivision); Case No. SUB-11F-96 (Falcon Ridge Estates No. 1). Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Approve Orders of Decision for the two cases as written. Passed: Unanimous voice vote. VI. New Business - A. Case No. SUP-31-98 (Idaho Salvage Pool), a request by Jerry L. Williams to conshuct and operate an Auction Establishment that will include the storing and selling of automobiles by sealed bid to licensed dealers every two weeks. The subject site is located in an Industrial Park zone and consists of approximately 6 acres. The site is more commonly known as Lots 4 and 7, Block 1, Industrial Site #7, and is located east of Farmway Road and between Garber and Laurel Streets. Linda James presented the staff report and E�ibit PZ-1000, a copy of the Assessor's map showing the location of the site and surrounding zoning. She also presented Exhibits PR-1, PR-2, and PR-3, letters respectively from Perdue Woodworks, Inc., Mountain View Equipment Company, and Kit Manufacturing. Chairman Roos read these letters of opposition into the record. Jerry Williams, Applicant, testified in support of the project and presented Exhibit PZ-1001, a copy of the building design. Other persons testifying in support were Dan Myers and Bill Gilbert. P&Z Minutes - April 23, 1998 Page 1 ,` - • � Persons testifying in opposition were Carl Woodbuxn, an owner of adjacent parcels in the subject Industrial Park; Douglas Rosecrans, representing Perdue Woodworks; and Chris Robinson, representing Kit Manufacturing. Comprehensive Plan Analysis — Motion: Commissioner Murphy. Second: Commissioner McLaughlin. The project is not in compliance with the Comprehensive Plan. The project is non- industrial development of an automobile auction establishment, and Industrial Parks are intended to be reserved for manufacturing uses. Passed: Unanimous roll call vote. Findings of Fact - Motion: Commissioner McLaughlin. Second: Commissioner Murphy. Accept the general facts as findings of fact and include the following facts: the proposed project is not a wrecking yard, junk yard, or live auction and it is state licensed as an auto dealership; the project will not create noise or odors; petro-chemicals are still present in wrecked vehicles and could leak while parked on the site; the business does provide a service to the public and cleans up the physical environment; there is no way to adequately fence the site and keep the wrecked vehicles from being viewed by persons traveling along Farmway Road; landscaping was proposed to be installed in the front area of the site; representatives of the existing light- manufacturing businesses within the Industrial Park spoke in opposition of the project stating that it is not a compatible use; and the project is not in compliance with the Comprehensive Plan. Passed: Unanimously by roll call vote. Conclusions of Law — Motion: Commissioner Ray McLaughlin. Second: Commissioner Murphy. The Commission has the authority to hear this Case and to make a decision; public notice requirements were met; the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision — Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Based on the Findings of Fact and Conclusions of Law, Case No. SUP-31-98 is denied. Passed: Unanimous roll call vote. Actions, if any, Applicant Could Take to Obtain a Permit — Motion: Commissioner Murphy. Second: Commissioner McLaughlin. The Applicant could request an amendment to the Comprehensive Plan, or find another location that would be suitable for this type of development. Passed: Unanimous roll call vote. Chairman Roos stated that anyone wishing to appeal the decision of the Commission is to talk with the Community Development Director regarding the process. ------------------------------------------------------------------- B. Case No. SUB-21P-98 (Commuter Estates), a request by Terry Bennett to develop a manufactured home subdivision consisting of 10 lots located in an R-2 zone. The project site is located appro�umately 1500 feet northwest of First Avenue and on the northeastern side of East Madison Street Bud Knickerbocker presented the staffreport and E�ibit PZ-1000, a copy of the Assessor's map showing the location of the site and surrounding zoning. Bill Wessels, Applicant's representative, testified that "no parking signs" would be posted in the hammerhead area of the street as requested by the Fire Department; and that pressurized irrigation will be provided to each lot. P&Z Minutes — Apri123, 1998 Page 2 , � • Edward Miller spoke as neutral but did express his concern with the vacant site being mowed and kept free of trash. Comprehensive Plan Analysis - Motion: Com�missioner Murphy. Second: Commissioner McLaughlin. The proposed project meets the following Comprehensive Plan Component policies: Residential Categories — Policies 1, 2, 3, 7, 8, 10, and 11. Utilities — Policies 1, 2, and 3. Urban Storm Runoff — Policy 1. Housing — Policies 1, 3, and Sa/c. Community Design — Policies 7 and 8. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Accept the general facts as outlined in the staff report and included the following facts: the project is an infill; the development will be beneficial to the area; and there is potential for there to be a weed problem. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner McLaughlin. Second: Commissioner Murphy. The Commission has the authority to hear this Case and to make a decision; public norice requirements were met; the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll ca11 vote. Order of Decision — Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Approve Case No. SUB-21P-98 with the conditions outlined in the staff report and include the conditions that the project site is to be mowed and kept free from trash, and that the lots will be provided with pressurized irrigation as approved by the Irrigation District. Passed: Unanimous roll call vote. Chairman Roos stated that anyone wishing to appeal the decision of the Commission is to talk with the Community Development Director regarding the process. ------------------------------------------------------------------------ C. Case No. SUB-05F-98 (Wildflower Subdivision), a request by Bill Pugh and Carl Anderson for final plat approval to develop 16 residential and rivo common lots on approximately 4.6 acres located in an R-1 zone. The subject site is located adjacent to the west side of S. 10`'' Avenue and south of Spruce Street and is described as a portion of the NE 1 /a SE '/4 Section 33, Township 4 North, Range 3 W.B.M. Bud Knickerbocker presented the staff report. John Carpenter, Applicants' representative, testified that the City Engineer had approved the estimate for completion of construction and the financial guarantee. Barbara J. Marcus testified that she was unhappy with the removal of trees and bushes, and the placement of a fence. Linda James stated that the only condition, other than the standard conditions, was that a fence was to be located on the western boundary and that the Applicants' CC&Rs are to include maintenance of the fence by the homeowners association. Findings of Fact — Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Accept the general facts as outlined in the staff report and include the fact that the Applicants have met all of the conditions placed on the preliminary plat and will submit a financial guazantee to the City Engineer before the plat is approved and recorded. Passed: Unanimous roll call vote. P&Z Minutes — Apri123, 1998 Page 3 '. � • Conclusions of Law — Motion: Commissioner McLaughlin. Second: Commissioner Murphy. The Commission has the authority to hear tlus Case and to make a decision; public notice requirements were met; the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation to Mayor and City Council - Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Recommend to the Mayor and City Council that Case No. SUB- OSF-98 (Wildflower Subdivision), a request for final plat approval be granted. Passed: Unanimous roll call vote. ------------------------------------------------------------------- E. Case No. SUP-32-98, a request by the Caldwell Transportation Company to replace a temporary office Building with a permanent office building. The site is located in an R-1 zone and is more commonly known as 3503 S. 10` Avenue. Bud Knickerbocker presented the staff report and Exhibit PZ-1000, a copy of the Assessor's map showing the location of the site and surrounding zoning. Rick Vertrees, Applicant, testified that a similar request had been approved in November, 1996, but that the permit had become null and void because the project hadn't been commenced. Comprehensive Plan Analysis — Motion: Commissioner Murphy. Second: Comxnissioner McLaughlin. The project meets the following Comprehensive Plan Component policies: Industrial Categories — Policy 2. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner McLaughlin. Second: Commissioner Murphy. Accept the general facts as outlined in the staff report as Findings of Fact and include the following facts: the request received prior approval but the permit became null and void because the project was not commenced; the current temporary building will be replaced with a permanent building on a foundation; the business is a necessary part of the future development of the City; and this business requires an office and headquarters. Passed: Unanimous voice vote. Conclusions of Law — Motion: Commissioner Murphy. Second: Commissioner McLaughlin. The Commission has the authority to hear this Case and to make a decision; public notice requirements were met; the heari.ng was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision - Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Approve Case No. SUP-32-98 with the conditions outlined in the staff report. Passed: Unanimous roll call vote. Chairman Roos stated that anyone wishing to appeal the decision of the Commission is to talk with the Community Development Director regarding the process. ------------------------------------------------------------------ F. Case No. ANN-OS-98, a request by Jennifer and Milton Loventhal to annex approximately 28 acres into the city of Caldwell as an R-2 zone. Said property is located in Section 35, Township 4 North, Range 3 W.B.M. and is more commonly known as 3307 E. and 3311 E.Ustick Road. P&Z Minutes — Apri123, 1998 Page 4 �. � • Linda James presented the staff report and Exhibit PZ-1000, a copy of the Assessor's map showing the subject site and surrounding zoning. Comprehensive Plan Analysis — Motion: Commissioner Murphy. Second: Commissioner McLaughlin. The proposed annexation meets the following Comprehensive Plan Component policies: Residential Categories — Policy 1. Utilities — Policy 2. Findings of Fact — Motion: Commissioner McLaughlin. Second: Commissioner Murphy. Accept the general facts outlined in the staff report as Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner McLaughlin. Second: Commissioner Murphy. The Commission has the authority to heaz this Case and to make a recommendation to City Council; public notice requirements were met; the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Chairman Roos stated that anyone wishing to appeal the decision of the Commission is to talk with the Community Development Director regarding the process. ------------------------------------------------------------------- VII. Discussion on Planning Issues — A. Linda James presented members with a copy of three amendments she is proposing to the Zoni.ng Ordinance. The proposal included redefining "dwelling unit"; add a clarifying clause to subsection 12 of Section 10-02-08 by adding certain language that the subsecrion applies only to commercial and industrial zones; and, amend the land use schedule by adding "Child Care Center" and "Crroup Day Care Facility" to the list of special uses in the R-1 and R-2 zones. Members concurred with the proposed amendments and directed her to move forward with the public hearing process. B. Linda James requested members to consider rescheduling the May 28 meeting date to May 27. Members unanimously concurred. G Chairman Roos requested Linda James to provide information to each member on meeting attendance. VIII. Adjournment - Chairman Roos adjourned the meeti.ng at appro�cimately 9:40 p.m. MIl�TUTES APPROVED ON THE AT A REGULARLY SCHEDULED MEETING HELD May 14, 1998. � �� ATTEST: Chauman Wi�am Roos � � Community Devel nt Director P&Z Minutes - Apri123, 1998 Page 5