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Home My WebLink About7-23-1998 P&Z MINUTES � -. • � CALDWELL PLANNING AND ZONING COMMISSION i NIINUTES OF JULY 23,1998 I. Call to Order - Chairman Bill Roos called the meeting to order at appro�cimately 7:00 p.m. II. Roll Call Members Present: William Roos, Charles Murphy, Reed Taylor Staff Present: Linda James, Marci Perry Legal Counsel: Timothy Fleming 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 July 9, 1998 — Motion: Commissioner Murphy. Second: Commissioner Taylor. Approve as written. Passed: Unanimous voice vote. B. Approve Orders of Decision for the Following Cases: Case No. SUB-24P-98 (Ashton Hills); SUP-l0A-97 (Centennial Baptist). Motion: Commissioner Murphy. Second: Commissioner Taylor. Approve the Orders of Decision for the referenced cases, as written. Passed: Unanimous voice vote. C. Approve Recommendations on the Following Cases: Case No. ANN-12-98; OA-18-98. Motion: Comxnissioner Taylor. Second: Commissioner Murphy. Approve the recommendations for the referenced cases as written. Passed: Unanimous voice vote. D. Case No. SUB-17F-98 (West Valley Estates No. 4) — Continued from July 9,1998 Testimony. Chairman Roos stated that Linda James and Mark Clark had been sworn in on July 9 did not have to be re-sworn. Linda James stated for the record that she had discussed, with Gordon Law, the wording Pioneer Irrigation is requesting to be placed on the final plat, and that it was her and Mr. Law's recommendation to the Commission that that wording not be placed on the plat. She noted that it would not be appropriate for the City to hold the existing and future lot owners in West Valley to such a requirement. Mark Clark, Applicants' attorney, testified that Wayne Forrey had met with Pioneer Irrigation District's Board of Directors on July 24. At this time the well is at 50% more capacity to serve all of the phases in the development when they are completed. However, the District is still requesting the wording outlined in their June 23 letter to be placed on final plats, including the three phases that have been recorded. He also testified that the homeowners' association is in existence and that the developers represent the majority. The CC&Rs provide for the pressurized irrigation systems for all phases; the homeowners' association document will be amended to make it very clear that is will be an assessment and that it will be turned over to the association to maintain and operate. He also noted that there are water rights for surface water still in place, and i •. � that they will continue to be in place. If the well should run dry there is more than adequate irrigation water available from surface water. The system is functioning and working and Mr. � Law has approved the system. Wilder Irrigation District does not apply to Phase 4. As long as the well and pump remain in use, Wilder will not have to be considered as the water provider. In response to the question of whether or not the developers are looking to Caldwell Lateral Irrigation District accepting the system, Mr. Clark stated that the objective is to eventually have one of the irrigation entities accept the system for operation and maintenance. The system could be transferred to Caldwell Lateral is the voting majority of the homeowners' association requested the same. Chairman Roos stated for the record that he strongly encourages the developers, before they come forward for preliminary plat approval of Phases 6, 7, and 8, that they have worked out irrigation issues with Wilder Irrigation District and that everyone involved clearly understands how the system will work. Public Testimony Closed - Findings of Fact — Motion: Commissioner Murphy. Second: Commissioner Taylor. Approve the general facts as findings of fact and include the following facts taken from testimony: the stormwater problem is going to be resolved; there has been a problem with Pioneer Irrigation District accepting the irrigation system; however, the Applicants' representatives have offered assurances that the system is working and has been approved by the City Engineer; the system will eventually be turned over to a homeowners' association, who in turn may at some point in time transfer it to an irrigation entity; there is adequate surface water available if the well should run dry; staff has recommended that the wording requested by Pioneer Irrigation District not be placed on the fmal plats. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Taylor. Second: Commissioner Murphy. 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. Recommendation to City Council — Motion: Commissioner Murphy. Second: Commissioner Taylor. Recommend to City Council that Case No. SUB-17F-98 (West Valley Estates No. 4) be approved. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Roos closed the public hearing on Case No. SUB-17F-98. ��*��*��*�*��*��r��*�r**��*�r��*��***�*��*��r��****�*� VI. New Business - Hearings A. Case No. SUb-26F-98 (Sunridge Subdivision No. 3), a request by Northwest Development for fmal subdivision plat approval to develop 23 lots on approximately 6.38 acres located in an R-1 zone. The subject site is located at the western end of Sunridge Subdivision, Phases 1 and 2, and at the southeast corner of the intersection of Airport Avenue and Beech Street. Testimony - Linda Jaxnes presented the staff report and noted for the record that the estimate of costs for completion of construction had been revised upward, as requested by the City's engineering department. She noted that developer of Sunridge would have to sign the construction agreement, as requested by Gordon Law, before the Commission's recommendation for final plat approval is placed on the City Council's agenda. Construction plans for CopperRock will not receive the City w a • • n .. � Engineer's approval until the developer has signed the agreement, and the next phase for Manchester Park will not be scheduled for a public hearing on fmal plat approval until the � developer has also signed. Ms. James indicated that she and Gordon Law do not have a problem with Sunridge receiving a recommendation for final plat approval. Becky Bowcutt, Applicant's representative, testified that Bettie Pilote (Applicant) has agreed to sign the agreement with the developers of CopperRock and Manchester Park regarding the sharing of certain construction costs. Public Testimony Closed — Chairman Roos closed public testimony. Findings of Fact — Motion: Commissioner Murphy. Second: Commissioner Taylor. Approve the general facts as fmdings of fact and include the following facts taken from testimony: Gordon Law has required the developer to sign the construction agreement with two other developers before the final plat can be forwarded to City Council; Bettie Pilote, Sunridge Developer, and the other two applicable developers, has agreed to sign the agreement; the developer did submit a revised construction cost estimate as requested by Gordon Law. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Taylor. Second: Commissioner Murphy. 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. Recommendation to City Council — Motion: Commissioner Murphy. Second: Commissioner Taylor. Recommend to City Council that Case No. SUB-26F-98 (Sunridge Subdivision No. 3) be approved. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Roos closed the public hearing. *�**��*�*��**��r��**��*��***��*��r��**��*��****�** VII Discussion on Planning Issues — Linda James discussed with members the development schedules tied to phasing. She was specifically speaking in reference to the Ashton Hills subdivision hearing at which it was implied that the proposed development schedule (7 year) would assist in not impacting the schools. There is no provision in the subdivision ordinance that ' would keep the developer from accelerating the schedule; the intent of the development schedule '� is to provide an ultimate build-out period. She also noted that letters from the schools don't carry ' a lot of weight and that schools often times expect the Comxnission or Council to remedy the problem for them. She noted that if an applicant in the future opens the door during testixnony, by implying that the time frame of the development schedule will mitigate the impact to schools, the Commission can pursue the possibility of negotiating it as a condition of approval. However, if the applicant doesn't agree, there is nothing in the subdivision standards and procedures that would permit the Commission to include it as a condition of approval. VIII Adjournment — Chairman Roos adjourned the meeting at appro�mately 7:55 p.m. MINUTES APPROVED AT A REGULARLY SCHEDULED MEETING HELD AUGUST 13, 1998. �� ATTEST: Chairman William Roos - Comxnuxuty Dev lo ment Director