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Home My WebLink About11-23-1998 P&Z MINUTES • . � CALDWELL PLANNING AND ZONING COIVIlVIISSION NIIN�JJTES OF NOVEMBER 23,1998 L Call to Order — In the absence of Chairman Roos, Vice Chairman Murphy called the meeting to order at approximately 7:00 p.m. II. Roll Call Members Present: Charles Murphy, Reed Taylor, Janie Archuleta Staff Present: Linda James, Joan Holmes Legal Counsel: Mark Hilty III. Review of Proceedings - Vice Chairman Murphy reviewed the procedures for public hearings. IV. Poll Members for Conflict of Interest - Vice Chairman Murphy polled members for conflicts of interest: there were none. VI. Old Business — There was no old business presented, VI. New Basiness - Hearings A. Case No. ZON-04AA-94, a request by Newell LaVoy for approval of an R-1, Low-Density Residential zone designation for certain land annexed ito the City in 1994 with R-S and R-1 zone designations. The subject parcel consists of approximately 24 acres and is located along the northern boundary of Ustick Road and along the east side of Ray Avenue. Testimony — Linda James presented the staff report. Rick McGraw testified that he was in attendance to represent Mr. LaVoy and that he would answer any questions. Public Testimony Closed — Vice Chairman Murphy closed public testimony. Comprehensive Plan Analysis - Modon: Commissioner Taylor. Second: Commissioner Archuleta. The request is in compliance with the following Comprehensive Plan components- Residential Categories, Policies land 2; Housing, Policies 1 and 2. Passed: Unanimous roll call vote. Findings of Fact — Morion: Commissioner Taylor. Second: Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact and include the fact that Newell LaVoy requested annexation as an R-1 zone in 1994 and did not request R-S zoning. Passed: Unanimous roll call vote. Conclusions of Law — Morion: Commissioner Taylor. Second: Commissioner Archuleta. The Commission has the authority to hear this case and to make a recommendation to the Mayor and City Council for approval or denial; 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 Taylor. Second: Commissioner Archuleta. Based on the Findings of Fact and Conclusions of Law, recommend to the Mayor and City Council that Case No. ZON- 04AA-94, a request by Newell LaVoy for approval of an R-1, Low Density Residendal zone designation for certain land annexed into the City in 1994 with an R-S and R-1 designation is approved. Passed: Unanimous roll call vote. Public Hearing Closed — Vice Chairman Murphy closed the public hearing. **�****�**�r�********�****�*�r*�******�**�*************************�**��******* � B. Case No. ZON-04A-94, a request by West Valley Development, LLC, for approval of an R-1, Low Density Residential zone designation for certain land annexed into the City in 1994 with R-S and R-S-2 zone designations. The subject land consists of approximately 57.286 acres and is located south of West Valley Estates Phase 5, and lies partially along the northern boundary of Homedale Road approximately one-eighth mile east of South 10`� Avenue. Testimony — Linda James presented the staff report. Wayne Forrey, Applicant's representative, testified in favor, Mark Clark, Applicant's legai counsel, asked for clarification on residential zones. Mark Hilty, City's attorney, stated that in his opinion there were three residential zones: R-1, R-2, and R-3. Harmon Johnson and Don Hubble signed up in favor but did not speak. Testifying in opposirion were: Robert Torrey, Dixie Parker, Byron Parker, Sonia Huyak, and Jim Townsend. Concerns were: wanting the transition between rural and residential to be gradual; zoning classifications of R-S and R-S-1; wanting hearing continued until new zoning designations can be approved. In rebuttle, Wayne Forrey and Mark Clazk testified that signed petirions by neighbors in 1994 were in favor of R-1 zoning. In sur-rebuttal Sonia Huyak stated that the main concern was for there to be a buffer along the entire western area of Phases 6 and 8 and that this buffer should not consist of a common area but should be lots of no less than 20,000 square feet with one-story homes. Public Testimony Closed — Vice Chairman Murphy closed public testimony. Comprehensive Plan Analysis - Motion: Commissioner Archuleta. Second: Commissioner Murphy. Planning and Zoning Commission members found that the request was in compliance with the following Comprehensive Plan components: Residential Categories, Policies 6, 9 and 10; Utilities, Policies 1, 2 and 3; Urban Storm Runoff, Policy 1; Community Design, Policy 8. Passed: Commissioner Archuleta aye; Commissioner Murphy aye; Commissioner Taylor, nay. Findings of Fact — Motion: Commissioner Taylor. Second: Commissioner Archuleta. Accept the general facts as Findings of Fact and include the following: there was confusion on the process for annexing this site in 1994 and at the present time residential districts in the City aze R-1, R-2, and R-3. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Taylor. Second: Commissioner Archuleta The Commission has the authority to hear this case and to make a recommendation to the Mayor and City Council for approval or denial; the hearing was legally noticed and 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 Archuleta. Based on the Findings of Fact and Conclusions of Law, recommend to the Mayor and City Council that Case No. ZON- 04A-94, a request by West Valley Development, LLC, to zone approximately 57.32 acres as R-1, is approved. Passed: Commissioner Murphy aye; Commissioner Archuletta aye; Commissioner Taylor, nay. Public Hearing Closed — Vice Chairman Murphy closed the public hearing. ************�*****�***********�***�*****************************�**********�** C. Case No. SUB-25P-98 (West Valley Estates, Phases 6, 7, and 8), a request by West Valley Development, LLC, for preliminary plat approval to develop 228 residential lots; 4 common-azea lots; and 1 common-azea landscape lot located along the west boundary of Phase 8. The subdivision site applies to the 57.286 acres of land known as ZON-04A-94. Testimony — � � A J Linda James presented the staff report. � Wayne Forrey, ApplicanYs representative, presented exhibit PZ-1001 and testified to the featutes of the subdivision. Mark Clark, Harmon Johnson, and Don Hubble were in attendance but did not speak. Speaking in opposition were: Dixie Parker, Robert Torrey, Sonia Huyak, Byron Parker, and Jim Townsend. Concerns were: landscaping buffer not adequate; 4' fence not tall enough; bigger lot sizes needed to buffer; Homeowners Associarion may not function adequately; traffic; no buffering along the Phyllis Canal; only one- story homes should be permitted on the perimeter. In rebuttle, Mr. Forrey stated that 25 feet is the height limit in an R-1 zone; two story, 4 bedroom homes are a good value for a starter home; the City's engineering department can withhold building permits if landscaping is not maintained; the developer wants buffering strip to be nice and had invited siurounding property owners to a meeting. The Canal provides natural buffering in that area, and the growth area in 1994 was toward this parcel. Mark Clark requested confirmation of zoning on Oregon Street; Linda James verified it is R-1. Sonia Huyak in sur-rebuttal stated that all lots developed near the outer perimeter should be one-story homes; the common azeas should be the developers responsibility until the last lot is sold; and, transition in raral azeas should provide lots of one-half acre or larger. Wayne Forrey in final rebuttal stated that one-half acre lots are not practical for Caldwell's market; and as lots are sold the voting rights of the developer are relinquished to the Homeowners Association. Public Testimony Closed — Vice Chairman Murphy closed public testimony. Comprehensive Plan Analysis - Motion: Commissioner Taylor. Second: Commissioner Archuleta. The request is in compliance with the following Comprehensive Plan components: Residential Categories, Policies 6, 9 and 10; Utilities, Policies 1, 2 and 3; Urban Storm Runo� Policy 1; Community Design, Policy 8. Passed: Unanimous roll call vote. Findings of Fact— Modon: Commissioner Taylor. Second: Commissioner Archuleta. Accept the generat facts as Findings of Fact and include the following: some of the lots shown on the preliminary plat do not meet minimum lot sizes but the developer will amend the plat and bring these lots into compliance; the developer has proposed landscape buffering Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Taylor. Second: Commissioner Archuleta. The Commission has the authority to hear this case and to make a recommendation to the Mayor and City Council for approval or denial; the hearing was legally noticed and was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation to City Council — Motion: Commissioner Archuleta. Second: Commissioner Mtuphy. Based on the Findings of Fact and Conclusions of Law, recommend to the Mayor and City Council that Case No. SUB- 25P-98, a request by West Valley Development, LLC, for preliminary plat approval to develop 228 residential lots and 5 common lots on approximately 57.32 acres in an R-1 zone, is approved, with conditions stated in the staff report. Passed: Commissioner Archuleta aye, Commissioner Murphy aye, Commissioner Taylor nay. Public Hearing Closed — Vice Chairman Murphy closed the public hearing. VII. Adjournment — Vice Chairman Murphy adjourned the meeting at approxi.mately 10:30 p.m. MINUTES APPROVED AT A REGULARLY SCHEDULED MEETING HELD DECEMBER 10, 1998. ATTEST: Chairman William Roos - � Community evel p ent Director