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HomeMy WebLinkAbout7-9-1998 P&Z MINUTES r CALDWELL PLANNING AND ZONING COMNIISSION MINUTES OF NLY 9,1998 L 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, Reed Taylor Staff Present: Linda James, Bud Knickerbocker, Marci Perry 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 June 25, 1998 — Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Approve as amended. Passed: Unanimous voice vote. B. Approve Orders of Decision for the Following Cases: Case No. SUP-35-98 (Syringa Middle School-PTO); SUP-36-98, SUP-3?-98, SUP-38-98 (Anchored Church) -Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Approve the Orders of Decision far the referenced cases, as written. Passed: Unanimous voice vote. C. Approve Recommendallons on the Following Cases: Case No. ANN-11-98; OA-17-98; Motion: Commissioner Taylor. Second: Commissioner McLaughlin. Approve the recommendations for the referenced cases as written. Passed: Unanimous voice vote. VI. New Business - Hearings A. Case No. SUP-l0A-97, a request by the Centennial T3aprist C;hurch to amend SUP-10-97, to construct a 3648 square foot, single-story addition to the e�sting Church and school facility. The site is approximately 10 acres, is located within an R-1 zone, and is more commonly known as 3626 E. Ustick Road. Bud Knickerbocker presented the staff report. Rev. Jack Cooke spoke in favor of the addition.. Public Testimony Closed — Chairman Roos closed public testimony. Findings of Fact — Motion: Commissioner Charles Murphy. Second: Commissioner Ray McLaughlin. Approve the general facts as findings of fact and include the following facts: the cost of septic system; Passed: Unanimous roll call vote. Conclusions of Law — Motion: Coxnxnissioner McLaughlin. Second: Commissioner Taylor. The Commission has the authority to hear this case and to make a recommendation to City Council for approval; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Decision — Motion: Commissioner Murphy. Second: Commissioner Taylor. Approve SUP- 10A-98 as noticed and proposed, with the standard conditions of approval as outlined in the staff report. Passed: Unanimous roll call vote. ' Public Hearing Closed — Chairman Roos closed the public hearing. I B. To hear concurrently Case No. ANN-12-98 and SUB-24P-98 (Ashton Hills Subdivision) a request by Gemstar Properties, LLC, to annex approximately 33.83 acres currently zoned County "A" into the City as an R-1 zone, and to develop 283 residential lots on approximately 65.8 acres. Approximately 31.97 acres of the proposed development site are currently zoned City R-1 and abuts the south side of Ustick and the east side of Hickxnan Subdivision. That portion of the proposed development requested to be annexed abuts the east side of Lake Avenue. Linda James presented the staff report and the following exhibits: PZ 1000, a copy of the Assessor's map showing the site and surrounding zoning. She also presented exhibit PA-3, a letter from Vaughn Heinrich, Superintendent, Vallivue School District 139; and PA-5, a letter from Sonna Lynn Lewis, Executive Director, Canyon County Development Services Department. Ms. James read a portion of the letter from Superintendent Heinrich expressing his desire for build-out of the development to occur over time and not within a real short period of time. Ms. James requested Chairman Roos to read Ms. Lewis' letter in to the record; the letter was in support of growth occurring within areas of city impact, such as the development for Ashton Hills. Ms. James noted for the record that the stormwater retention/detention requirements placed on the plat by Gordon Law were his requirements and were not considered to be from the proposed stormwater management policy as that policy in not in effect. She also noted for the record that a letter of understanding on certain items requested by Mr. Law was being prepared. Lloyd Glasgow, Applicant, introduced Bill Mason and Susan Wildwood and indicated they would be making the presentation. Bill _Mason, Earl and Associates, testified that the density was 4.7 units per net acre; the developer will comply with the Fire Department's and City Engineer's requests; no lots will access directly onto Ustick; landscaping could be placed along Ustick; Lonkey Lane improvements will be done by the developer, but only for the portions of the road that are open and that abut the boundary of the development. Darrel Deide spoke in favor of the development and noted that he was appearing as a private citizen and neighbor to the project; the project will be a benefit to the City; it will bring water/sewer into the area so that water/sewer can be available for others; the City needs to send a message to others that development is welcome in the community. Ken Brush spoke as neutral and indicated it should be acceptable if manufactured homes were not permitted by special use at some future date. Dick Buxton spoke as neutral and indicated that he agees with the R-1 zoning and would like to see the development as up-scale. James Buxton spoke as opposed and expressed his concern with farm land being taken out of production; would like to see buffering between the development and his parents' farm. Susan Wildwood, Applicant's representative, spoke in rebuttal. She testified to the following: that the developer wanted to clarify that he would construct the improvements to Lonkey Lane, as requested by Gordon Law, for only those portions abutting the subdivision that are open at the time of constnzction the last phase; there are no plans to place manufactured homes without foundations within the development; the price range for homes is from $80 to $135 and upward; restrictive covenants would ensure that housing would not be detrimental to the neighborhood; the development would be coming on-line over a 7-year period with an average of 48-55 houses per phase and that the development would not have a huge impact immediately upon schools because the phasing will mitigate the impact. , Gordon Law-City Engineer, gave an overview of the City's policies regarding properties that are annexed. Mr. Law concluded his presentarion by uoting that the proposed policy had been circulated to interested parties three times for c;omrnent and that he had incorporated comments where he thought appropriate. No one spoke in favor or in opposition. Public Testimony Closed — Chairman Roos closed public testimony. Comprehensive Plan Analysis — Motion: Commissioner McLaughlin. Second: Commissioner Taylor. The project is in compliance with the Comprehensive Plan as follows: Agricultural Land Use — Policy 3; Residential Categories — Policies 1, 2, 3, 6, 7, 8 and 9; Utilities — Policies 2 and 3; Urban Storm Runoff — Policies 1 and 2; Housing — Policies l, 2, and 3; Community Design — Policy 2. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Taylor. Second: Commissioner McLaughlin. Accept the general facts as findings of fact and include the following facts: Gordon Law responded to the comments submitted by Earl and Associates, and the comments offered are considered to be opinions. 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 recommendation to the Mayor and City Council; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. - __ _ Recommendation — Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Recommend to the Mayor and City Council that Case No. ANN-12-98 be approved. Passed: Unanimous roll call vote. Deeision on Preliminary Plat — Motion: Commissioner McLaughlin Second: Commissioner Murphy. Approve SUP-24P-98 preliminary plat with the standard conditions noted in the staff report. Passed: Unanimously roll call vote. Public Hearing Closed — Chairman Roos closed the public hearing. --------------------------------------------------------------------------------------------------------------------- C. Case No. SUP-17F-98 (West Valley Estates No. 4), a request by West Valley Development, LLC, for fmal subdivision plat approval to develop 76 residential lots on approacimately 16.96 acres located in an R-1 zone. The site is located on the east side of South 10�' Avenue, south of Ustick Road, and is adjacent to the south side of West Valley Estates Subdivision N.3. Linda James presented the staff report and noted for the record that the major part of the report was in regard to irrigation. Wayne Forrey, Applicants' representative, testified that the well within the subdivision is providing water to the irrigation system but that Pioneer Irrigation District has not accepted the well and system for operation and maintenance. The developers have contracted with a private entity to operate and manage the system; however there is no homeowners' association in place at this time to accept the irrigation fees. _ Mark Clark, Attorney for the developers, testified that the existing well has been used for years for agricultural irrigation and that the well system has been approved by the City. Irrigation far the entire subdivision, when built out, will require 900 gpm. In response to a question by Commission members, he stated that if the well should go dry, he does not know of any back-up plan. He also testified that the developers are not asking to be released from the District and that there is a homeowners' associarion already in place for the entire subdivision. The intent, at some point in ti.me, is to convey the urigation system to the association. Ken Brush, as a Director for Pioneer, testified that the well was applied for in 1977 as a supplemental water source for the farm. The District and the developers had agreed that the District would buy the well but that that effort has been put on hold. He also noted that negotiations would have to be entered into with Wilder Irrigation District because Pioneer cannot transfer water to Wilder (NOTE: the subdivision lies partially within two District boundaries). Mr. Brush stated that Pioneer has the water rights. Wayne Forrey spoke in rebuttal and stated that the developers intent is not to seek to withdraw from the Pioneer District but that they did not want to place restrictions on the plat, as requested by Pioneer, because they don't want to bind the owners of lots to such a restriction. Commission members concurred that there were many unanswered questions; by unanimous vote, the hearing was continued to July 23, 1998. D. Case Nos. OA-18-98 (Manufactured Home Development), a request by the Planning and Zoning Commission to amend Zoning Ordinance No. 1451 by repealing Article 5, Mobile Home Park Standards and Procedures, and to adopt Article 5, Manufactured Home Developments, Design and Construction Standards. The proposed Article sets forth the following Sections: Purpose and Intent; Permitted by Special Use; Permitted Uses; Required Improvements; General Requirements; Preapplication Conference; Application Requirements; Buffering; Placement Standazds; Plat Required; Significance of Approval; Plat to be Recorded; Planned Unit Development. The request also includes amending Section 10-02-02, Land Use Table, by deleting "Mobile Home Park as a special use in R-2, R-3, C-3 and M-1 zones" and adding "Manufactured Home Developments as a special use in RS, R-1, R-2 and R-3 zones." Linda James presented the staff report and provided Commission members with a re-draft that incorporated proposed changes to the draft ordinance reviewed by members at a June 3 warkshop. The proposed changes were being recommended by Ms. James and were based on comments she had received by persons reviewing the first draft. The recommendations proposed included: Section 10-OS-02 - defining manufactured home developments; Section 10-OS-03 - adding a clause to include other uses that may be proposed in the Applicant's Rules and Regulations; Section 10-OS-04 — deleting the sentence on exceptions; Section 10-OS-OS, A— changing the development azea from 10 acres to an area that supports 10 or more manufactured homes; Section 10-OS-OS, D— changing front yard setback from 17 feet to 15 feet; 10-OS-07, B- including a clause that provides for the Planning Directar to approve minor amendments to Rules and Regulations that had been approved by Commission members; Section 10-OS-07, C— changing the word "shall" to "may."; Section 10-OS-10 — changing the requirement for plats to a requirement for deed(s), and deleting specific wording regarding the requirement for plats and incorporating wording for right-of-way and utility deeds; Section 10-OS-11 — deleting wording regardi.ng plats; Section 10-OS-12 — deleting requirements for plats to be recorded and incorporating wording for "as-built" approvals; Section 10-OS-13 — adding wording that clearly states that the reduction of the square footage requirement for individual lots is to be incorporated in common areas. Bill Gigray, III, spoke as neutral and expressed his opinion on problems with mobile home parks in the past. He suggested that park standards be incorporated into the Planned Unit Development portion of the Zoning Ordinance and eliminate a separate article of the Ordinance. Thelma Carpenter spoke as neutral and asked questions compliance with the Comprehensive Plan. Ken Brush signed in as neutral but ciid not speak. John Connolly, representing Idaho Manufactured Housing Association, spoke in opposition citing his concem with tremendous expense to the homeowner, which in his opinion means there will be no applications for this type of development in the City. He also questioned whether or not public roads are a good idea, and noted that permanent foundations were inappropriate. Gary Lasher, mobile home park developer, spoke as opposed. He stated that the proposed ordinance is a direct signal that Caldwell no longer wants mobile homes in the City. Costs to rent a space in a park would be increased by 30% and that these costs will keep pazks from developing. Foundanon for homes should be blocks and not permanent foundations. Comprehensive Plan Analysis — Morion: Commissioner Murphy. Second: Commissioner McLaughlin. The proposed ordinance is in compliance with the Comprehensive Plan as follows: Residential Categories — Policy 2. Adopted plans and ordinances should provide for a variety of attractive, safe, residential neighborhoods satisfying the housing needs, lifestyles and income levels of all residents. Policy 3. New residential development will be encouraged to assure safe, convenient, and appealing housing. Policy 6. Adequate transition will be provided between residential uses and industrial, commercial, and public areas. Policy 8. The City will maintain or develop adequate levels of public facilities and services, including police and fire protection, utilities, street improvements, cultural, and recreational facilities to serve e�sting neighborhoods as well as in areas where residential development is expected to occur. I'olicy 9. New streets will b� designed to enhance residential districts and protect such neighborhoods from high traffic volumes and related impacts. Policy 10. New residential lots will not be platted to front arterial and sub-arterial streets and will be discouraged from fronting on collector sireets. Utilities — Policy 1. To meet the needs of citizens for water and sewer service through systems designed for the local area. At the same time, the City will work with area-wide agencies in joint or cooperative programs when there is a mutual advantage, in order that the resulting systems and services can be provided most effectively and economically for all concerned. Policy 2. To develop and extend utility systems in such a way as to further the land use and other policies of this Plan and an orderly expansion of the City. Utilities will be made available for the expansion of industry, which meets the objective of the Plan. Policy 3. To require new subdivisions to have public water and sewer systems installed as a part of their initial development. Providing services prior to or with development will avoid having to play a"catch up" game after development has occurred. Urban Storm Runoff — Policy 1. To maintain the runoff rate of new developments to that of the undeveloped condition. • Policy 2. To require that developers of multi-family residential, commercial and industrial areas comply with urban runoff standards of the City. This policy is important as related to individual developments not associated with standard subdivisions or single- family residences. � Transportation — Policy 10. To address, manage, and implement traffic control measures and related matters pertaini.ng to vehicular and pedestrian traffic safety. Housing — Goal: To provide for a diversity of quality housing types throughout the community and in locations suitable for residential development that will serve the needs of all citizens and income groups. Policy 1. The City shall provide, through its authority to establish zoning districts, a mixture of residential districts that will provide for a diversity of housing types at varied locations throughout the community. Policy 2. The location of residential zoning districts and the type of housing shall be fully integrated with the land use, transportation and public facilities components of the Comprehensive Plan. Policy 3. The City shall provide building inspection and code enforcement services as a means to maintain safe, quality housing in attractive residenrial neighborhoods. Policy 5. The City shall work with other agencies to promote the development of affordable housing. This effort shall include the following: a. Assessment of land uses throughout the City and their relationship to housing needs. c. Promotion of infill residential development of vacant lots to maintain compact neighborhoods that can utilize and/or renovate available in�rastructure and utility services. Community Design — Policy 1. The City will promote attractive landscaping, including water conservation landscaping techniques, and cultivation of street uses along public streets and highways. Policy 2. The City will encourage community efforts to beautify and improve the visual image of Caldwell. Policy 3. The City will support code enforcement strategies and programs aimed at correcting accumulation of waste, debris and weeds on properry as a means to improve the aesthetic appearance and qrxality of the community. Policy 4. The City will continue to evaluate appropriate modifications to development standards and regulations that contribute to community enhancement and appearance. Findings of Fact — Motion: Commissioner Taylor Second: Commissioner McLaughlin. Accept the facts as outlined in the staff report as findings of fact and include the changes as presented and outlined by staff. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner McLaughlin Second: Commissioner Murphy. The Comxnission has the authority to hear this case and to make a recommendation to City Council for approval; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation — Motion: Commissioner Taylor Second: Commissioner McLaughlin. Based on the Findings of Fact and Conclusions of Law, and for the reasons stated, the Planning and Zoning Commission recommends to the Mayor and City Council that Case No. OA-18-98, a request by the Caldwell Planning and Zoning Commission to repeal Article 5, Mobile Home Park Development, of Zoning Ordinance No. 1451, and to adopt Article 5, Manufactured Home Developments, Design and Construction Standards as proposed, AND to amend Section 10-02- 02, Land Use Table of Zoning Ordinance No. 1451 by deleting "Mobile Home Park as a special �NI , - . use in R2, R3, C3, and M1 zones" and by adding to this same Section "Manufactured Home Developments as a special use in RS, R1, R2, and R3 zones" be approved. Public Hearing Closed - Chairman Roos closed the public hearing. VII Discussion on Planning Issues — No discussion was held. VIII Adjournment — Chairman Roos adjourned the meeting at approximately 10:55pm. � �; i � ATTEST: William Roos, Chairman . I C,�� - � �" � harles Murphy, Vice-C airman Community D elo ent Director