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Home My WebLink About2-11-1999 P&Z MINUTES r a CALDWELL PLANNING AND ZONING COMMISSION MINUTES OF FEBRUARY 11, 1999 I. Call to Order —Chairman Murphy called the meeting to order at 7:00 p.m. II. Roll Call Members Present: Charles Murphy, Reed Taylor, Matt Beebe, Jim Blacker Member Absent: Janie Archuleta Staff Present: Linda James, Joan Holmes Legal Counsel: George DeFord III. Review of Proceedings - Chairman Murphy reviewed the procedures for public hearings. IV. Poll Members for Conflict of Interest - Chairman Murphy polled members for conflicts of interest: there were none. V. Old Business — A. Approve minutes of January 14, 1999— Morion: Commissioner Taylor. Second: Commissioner Beebe. Approve as amended. Passed: Unanimous voice vote. B. Approve recommendations on the following cases: Case OA-21-99 (Official Zoning Map), SUB-30P-99 (Quail Meadow), and SUB-29P-99 (20/26 Commercial Park Subdivision) and Orders of Decision on SUP-51-99 (Calvary Chapel) and SUP-52-99 (Vallivue School Administration Office). Motion: Commissioner Taylor. Second: Commissioner Beebe. Approve the recommendations and Orders of Decision for the referenced cases as written with the exception of Case No. SUB-30P-99 amending "SUP" to read "SUB." Passed: Unanimous voice vote. New Business — Hearings I �I A. Case No. SUB-32P-99, a request by Newell LaVoy for preliminary subdivision plat approval to develop ', 74 residenrial and 5 common-area lots on approximately 20.83 acres located in an R-1 zone. T'he site is I located at the northeast corner of the intersection of Ustick Road and the undeveloped portion of the I right-of-way of Ray Avenue. The proposed subdivision is adjacent to the eastern area of Rosewood and I McCarthy Subdivisions. '� Testimony — I Linda James presented the staff report and Exhibit A-5, a memorandum submitted by the applicant. Newell LaVoy, Applicant, and William Mason, Engineer for the Applicant, testified in favor. Rita Jaques, testified as neutral. Public Testimony Closed — Chaurnan Murphy closed public testimony. Comprehensive Plan Analysis - Motion: Commissioner Taylor. Second: Commissioner Beebe. The request is in compliance with the following Comprehensive Plan components- Residential Categories- Policies 2, 8, 9 and 10. Utilities- Policies 1, 2, and 3. Urban Storm Runoff- Policy 1. Transportation- Policies 2 and 10. Parks, Recreation and Open Spaces- Objectives 1 and 5. Housing- Policy 3. Community Design- Policies 1, 7, and 8. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Taylor. Second: Commissioner Beebe. Accept the general facts outlined in the staff report as Findings of Fact and include the following testimony as facts: a phasing schedule has been submitted by the Applicant and the schedule will be included on the preliminary plat before it goes to Council for approval; a 4- foot tall, landscaped berm will be installed on the common lot located along Ustick and Ray; theme signage at the intersection of Ustick and Ray and within the subdivision will be installed; two common area lots will be landscaped and used for stormwater detention; Lot 3 Block 4 is a common area lot to be . will be landscaped; all common area lots will be owned and maintained by the Homeowners' Association; . upgraded street lighting and uniform mailboxes will be installed; CC&R's will be prepared and submitted at the time of final plat approval; no home in the subdivision will be less than 1000 square feet in size; the Applicant will comply with all of the requirements set forth by the Fire Marshall and the City Engineer. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Taylor. Second: Commissioner Blacker. The Commission has the authority to hear this case and to make a recommendarion 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 Beebe. Based on the Findings of Fact and Conclusions of Law, recommend to the Mayor and City Council Case No. SUB-32P-99, a request by Newell LaVoy for preliminary subdivision plat approval to develop 74 residential and 5 common-area lots is approved with the standard condirions and include the following conditions: the development schedule will be included on the preliminary plat before it goes to Council for approval; a 4-foot tall, landscaped berm will be installed on the common lot located along Ustick and Ray; theme signage at the intersection of Ustick and Ray and within the subdivision will be installed; two common area lots will be landscaped and used for stormwater detention; Lot 3, Block 4 will be landscaped and a playground will be added; the common area lots will be owned and maintained by the Homeowners' Association; upgraded street lighting and uniform mailboxes will be installed; CC& R's will be prepared and submitted at the time of submitting the application for final plat approval; no home in the subdivision will be less than 1000 square feet in size. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Murphy closed the public hearing. j �****�***��**********�:�****�*�*��*�***��***��x��**�**��*��*��x��****�*��x* � B. Case Nos. ANN-14-99 and SUB-31P-99, a request by Providence Development Group, LLC, to annex , approximately 30 acres into the City of Caldwell as an R-2 (Medium Residential) zone, and far preliminary plat approval of Powell Estates Subdivision, a Planned Unit Development consisting of 109 residential lots, 5 common-area lots, and 4 commercial lots. Included in the approval request is a development agreement applicable to the 4 proposed commercial lots. The subject site is currently zoned ' County R-2 and is located at the northeast corner of the intersection of Florida Avenue and Ustick Road. ' The site is more specifically known as Lots 1,2,5, and 6 of Block 1, Upland Park Addition, recorded in ' Book 2 of Plats at page 28 in the office of the Canyon County Recorder. Testimony — Linda James presented the staff report, Development Agreement, and Exhibit S-11. She stated that the City's attorney had reviewed the proposed draft of the Development Agreement and suggested minor changes, which she read into the record. Wayne Forrey, representative of the Applicant, and Alvin Powell, Applicant, testified in favor of the project. Public Testimony Closed — Chairman Murphy closed public testimony. Comprehensive Plan Analysis on Case No. ANN-14-99 - Motion: Commissioner Taylor. Second: Commissioner Beebe. The request is in compliance with the following Comprehensive Plan components: Agricultural Land Use — Policy 3; Residentiai Categories — Policy 1; Housing — Policies 1 and 2. Passed: Unanimous roll call vote. s Findings of Fact on Case No. ANN-14-99— Motion: Commissioner Taylor. Second: Commissioner Beebe. Accept the general facts as Findings of Fact and include the fact that a Development Agreement was presented by planning staff and was found acceptable to the Applicant. Passed: Unanimous roll call vote. Conclusions of Law on Case No. ANN-14-99— Motion: Commissioner Taylor. Second: Commissioner Beebe. 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 on Case No. ANN-14-99 — Morion: Commissioner Taylor. Second: Commissioner Beebe. Based on the Findings of Fact and Conclusions of Law, recommend to the Mayor and City Council that Case No. ANN-14-99, a request Alvin Powell to annex approximately 30 acres into the City as an R-2 zone, is approved. Passed: Unanimous roll ca11 vote. Comprehensive I'lan Analysis on Case No. SUB-30-99 - Motion: Commissioner Taylor. Second: Commissioner Beebe. The request is in compliance with the following Comprehensive Plan components: Residential Categories — Policies 3, 5, 6, 7, 8, 10, 11, 13 and 15; Utiliries — Policies 1, 2 and 3; Urban Storm Runoff — Policies 1 and 2; Transportation — Policy 5; Community Design — Policies 1, 2, 7 and 8. Passed: Unanimous roll call vote. Findings of Fact on Case No. SUB-30-99— Motion: Commissioner Taylor. Second: Commissioner Beebe. Accept the general facts as Findings of Fact and include the following: only stick built homes will be permitted within the subdivision; the homes will be priced above entry level; a four-foot berm will be installed along Fiorida Avenue and that portion of the subdivision that is residential; the common areas will be maintained by the Homeowners Association; a berm similar in design will be installed along the commercial lots on both Florida Avenue and Ustick Road, and as outlined in the Development Agreement; phasing of the development will be as outlined in Exhibit A-10; a 6 foot wooden fence with steel posts will be installed along the residential lots abutting the Lowline Canal; the street names will meet approval of the Fire Marshall. Passed: Unanimous roll call vote. Conclusions of Law on Case No. SUB-30-99— Motion: Commissioner Taylor. Second: Commissioner Beebe. The Coxnmission 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 noriced and was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation to City Council on Case No.: SUB-30-99 — Mofion: Commissioner Taylor. Second: Commissioner Beebe. Based on the Findings of Fact and Conclusions of Law, recommend to the Mayor and City Council that Case No. SUB-31P-99, a request Alvin Powell for preliminary plat approval to develop a Planned Unit Development consisting of 109 residential lots, 5 common area lots, and 4 commercial lots on approacimately 30 acres annexed into the City as an R-2 zone, is approved with the standard conditions of approval outlined in the staff report and include the following conditions: the Development Agreement for the proposed commercial lots shall be approved by the City Council at the time annexation and preliminary plat approval and shall be recorded as an attachment to the Annexation Ordinance; only stick built homes wili be permitted within the subdivision; a four-foot berm will be installed along Florida Avenue and that portion of the subdivision that is residential; a berm similar in design will be installed along the commercial lots on both Florida Avenue and Usrick Road, and as outlined in the Development Agreement; the common areas will be maintained by the Homeowners Association; a 6-foot wooden fence with steel posts will be installed along the residential lots abutting the Lowline Canal; the final plat shall include street names that meet approval of the Fire Marshall. Passed: Unanixnous roll call vote. Public Hearing Closed — Chairman Murphy closed the public hearing. VII. Planning Issues — Linda James reminded the Commission that the workshop regarding Planning and Zoning issues is Saturday, February 13 in Weiser. Also the manufactured home workshop will be on Monday, March 1, at 5:30pm. VIII. Adjournment — Chanrnan Murphy adjourned the meeting at approximately 9:10 p.m. MIN[JTES APPROVED AT A REGULARLY SCHEDULED MEETING HELD FEBRUARY 25, 1999. � TTEST: A C��,,�fn-- Vic hairman Re Taylor ` Community Deve op ent Director � �