HomeMy WebLinkAbout5-18-1999 P&Z MINUTES CALDWELL PLANNING AND ZONING COMMISSION
MINiJTES OF MAY 18, 1999
I. Call to Order —Chairman Murphy called the meeting to order at 7:10 p.m.
II. Roll Call
Members Present: Janie Archuleta, Matt Beebe, Jim Blacker, Charles Murphy
Staff Present: Linda James, Bud Knickerbocker, Joan Holmes
Legal Counsel: Mark Hilty
III. Review of Proceedings - Chairman Murphy reviewed the procedures for public hearings.
IV. Poll Members for Conflict of Interest - Chauman Murphy polled members for conflicts of interest: there were
none. I
I. Old Business —
A. Approve minutes of April 22, 1999 meeting, and record of May 13, 1999 meeting— Motion: Commissioner
Blacker. Second: Commissioner Beebe. Approve as written. Passed: Unanimous voice vote.
B. Approve Recommendation to City Council on Case No. SUB-33F-99 (Silverbow Estates phase 2); Case No.
ANN-17-99 and SUB-34P99 (Southern Heights); Case No. OA-23-99 (Zoning Ordinance, Automotive uses);
Case No. ANN-16-99 (Carl Anderson); and Orders of Decision on Case No. SUP-52-99 (Lorena Gomez); and
Case No. SUP-53-99 (City parking lot)- Morion: Commissioner Blacker. Second: Commissioner Beebe.
Approve the recommendations for the referenced cases as written. Passed: Unanimous voice vote.
VI. New Business — Hearings continued from May 13, 1999
A. Case No. SUB-21P-98, a request by Terry Bennett for a 12-month time extension of preliminary plat
approval of Commuter Estates, a manufactured home subdivision located on approxunately 1.6 acres
within an R-2 zone. The site is located approximately 1500 feet northwest of First Avenue and is on the
northeastern side of East Madison Street.
Testimony —
Bud Knickerbocker presented the staff report. _
Cecil Black, a neighbor, stated that the project was in the flood plain, and that the sewer lines will be a problem
there and could flow into the Boise River.
Edward Miller, a neighbor, testified that the weeds are a nuisance.
Linda James stated that this hearing is for an extension of the plat and that the City will pursue having the weeds
mowed using existing City ordinances. She also noted that the City has a flood plain ordinance and development
of the site will meet the requirements.
Public Testimony Closed — Chauman Murphy closed public testimony.
Findings of Fact — Motion: Commissioner Blacker. Second: Commissioner Beebe. Accept the general facts
outlined in the staff report as Findings of Fact and include the fact the weeds need to be mowed. Passed:
Unanimous roll call vote.
Conclusions of Law — Motion: Commissioner Blacker. Second: Commissioner Beebe. The Commission has the
authority to hear this case and approve or deny; the hearing was legally noticed and was conducted within the
guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote.
Order of Decision — Motion: Commissioner Blacker. Second: Commissioner Beebe. Approve Case No. SUB-
21P-98, a request for extension of one year, with the standard conditions outlined in the staff report and include the
fact that the weeds must be removed. Passed: Unanimous roll call vote.
- Public Hearing Closed — Chairman Murphy closed the public hearing.
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B. Case No. SUB-23F-99 (Copper Rock Subdivision), a request by Hal Mickelsen and Mark Adams for
final plat subdivision approval of 19 residential lots in an R-1 zone. The site is located adjacent to the
western boundaries of W. Spruce and Hilltop Streets.
Testimony —
Linda James presented the staff report and E�ibit PR-7, a letter from David Kerrick, Attorney at Law dated May
17, 1999. Mr. Kerrick represents Northwest Development, the developer of Swiridge Subdivision, Unit No. 2. In
the letter Mr. Kerrick noted that it was a follow-up to his letter of May 14, 1999. Mrs. James noted that she had not I
received the letter dated May 14. The May 17 letter uicluded a copy of City Council minutes dated July 21, 1997 ,
approving Sunridge Unit No. 2 and a copy of the preliminary plat for a11 phases that was submitted to the City on or
about March 23, 1994. Mr. Kerrick objected to final plat approval of CopperRock because Mr. Mickelsen was not
required to develop that portion of Sunset Avenue that abuts CopperRock.
Hal Mickelsen, Applicant, testified in favor and requested that Commission members make a negative
recommendation to City Council regarding the opening of Sunset Avenue. He noted the following: that the issue
had been brought up at the time of preliminary plat approval and that it was a condition of approval that the right-
of-way had to be dedicated but that Sunset would not be opened; Sunset Avenue in Sunridge has very little or
practical public use because it ends in a cul-de-sac on the north; CopperRock is an upper-end subdivision and
opening Sunset Avenue would not attract upper-end homes.
Public Testimony Closed — Chairman Murphy closed public testimony.
Findings of Fact — Motion: Commissioner Blacker. Second: Commissioner Beebe. Accept the general facts and
tesrimony as Findings of Fact, and include the following: a letter from David Kerrick, representing the developer of
Sunridge Subdivision was entered as Exhibit PR-1 and Mr. Kerrick questioned why Sunset Avenue was not
improved by the developer of CopperRock; the developer of CopperRock was not required to improve his portion
of Sunset Avenue and it is not open in this area; the Cit}� can open Sunset Avenue at any time if it desires to do so;
the Applicant has satisfied all of the conditions set forth at the time of preliminary plat approval. Passed:
Unanimous roll call vote.
Conclusions of Law -Motion: Commissioner Blacker. 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;
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 — Morion: Commissioner Biacker. Second: Commissioner Beebe.
Recommend to the Mayor and City Council that Case No. SUB-23F-99, (CopperRock Subdivision) is approved.
Passed: Unanimous roll call vote.
Public Hearing Closed — Chairman Murphy closed the public hearing.
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C. Case No. SUP-54-99, a request by Gary Lasher for approval of Phase 6, an expansion of Indian Creek
Mobile Home Park. Phase 6 consists of 44 manufactured home spaces and trvo landscaped areas. The
expansion site is approxiinately 7 acres, is within an M-1 zone, and is located adjacent to Ustick Road.
Testimony —
Linda James presented the staff report and Exhibit PZ-1000, a revised plot plan.
Gary Lasher, Applicant, testified in favor and noted that the City's Engineer is requiring bonding before building
permits will be issued then requests a11 facility construcrion is to be completed before allowing occupancy in any
residence. This is something that was never requested before by the City. He stated that placing a bridge across
indian creek in the central part of Phase 6 would create more of a traffic problem through other phases and that by
placing the bridge in the area shown on the plot plan creates a safer traffic pattern. He stated that the requirements
also will be met on the following: the square footage for RV space; street lighting; and he will work with staff on
the locarion of additional storage space. A 6' tall fence and berm will be installed along the railroad area and a 4'
� tall fence will be installed on the other side of the phase.
Bill Mason, Representative, testified in favor.
Public Teshmony Closed — Chairman Murphy closed public testimony.
Comprehensive Plan Analysis - Motion: Commissioner Beebe. Second: Commissioner Blacker. The request is in
compliance with the following Comprehensive Plan components: Natural Resources and Hazardous Areas- Policy
4; Residential Categories - Policies 1, 2, 3, 9, and 10. Utilities- Policies 1, 2 and 3. Urban Storm Runoff- Policy 1.
Passed: Unanimous roll call vote.
Findings of Fact — Motion: Commissioner Blacker. Second: Commissioner Beebe. Accept the general facts as
Findings of Fact and include the following : Gary Lasher testified that he will install a 6-foot fence and berm along
Phase 6 that abuts the raiiroad; he will meet the requirements for RV storage and street lighting; and the road will
be installed as per the City's Engineer requirements and as shown on the plot plan. Passed: Unanimous roll call
vote.
Conclusions of Law -Motion: Commissioner Blacker. Second: Commissioner Beebe. The Commission has the
authority to hear this case and approve or deny; the hearing was legally noticed and was conducted within the
guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote.
Order of Decision — Morion: Commissioner Blacker. Second: Commissioner Beebe. Approve Case No. SUP-54-
99 with the standard conditions outlined in the staff report and include as a part of the construction requirements the
following: fencing and street lighting as shown on Exhibit PZ-1000, the revised plot plan, shall be installed, with
the approval of the Community Development Director and City Engineer; additional RV storage space shall be
provided in accordance with the requirements of the Ordinance. Passed: Unanimous roll ca11 vote. i
Public Hearing Closed — Chauman Murphy closed the public hearing.
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D. To hear concurrently Case Nos. ANN-18-99 and SUB-35P-99, a request by Crestline Development to
annex approximately 151 acres into the City. Approximately 5 acres are requested to be annexed as a G1
(Neighborhood Commercial) zone, and approximately 146.069 acres are requested to be annexed as an R-
1(Single Family Residential) zone; and to approve a request for preliminary plat approval of Southpark
Subdivision which consists of 272 lots and is platted on approximately 79.74 acres of the aforementioned
146.069 acres. If approved, the appro�mately 151 acres will be included in the next available update of
the Comprehensive Plan map. The site is located at the southeast corner of the intersection of South
Montana Avenue and Homedale Road and is legally described as a part of the NE '/4, Section 10,
Township 3 North, Range 3 W.B.M.
Testimony —
Linda James presented the staff report and Exhibit PA-5, a letter from Sid Bright.
Susan Wildwood, Representative, testified to the following: she had met with Vaughn Heinrich of the Vallivue
� School District to discuss the impact of this project on the District. The school will recover monies from both
Southpark and Southern Heights that was expended by the District on the sewer system; the comment by Gordon
Law which states that a11 facility construction must be complete before allowing occupancy in any residence will
not be possible to adhere to because it is a phased development; health and safety issues are critical to the issuance
of building pernuts, and it is a change from what the Ordinance requires; she has met with Ralph Little of Canyon
Highway District #4 and made note that the Applicant will work with the District; she understands from Gordon
Law that the interior streets of the subdivision are to be constructed to City standazds and the e�cterior streets to the
District's standards; the Development Schedule has been revised and extended by one year as noted in the staff
report; regarding the existing access to the Downs property, the developer will not take his existing access away;
the Applicant intends to have the concern resolved by the time City Council hears the annexation and plat requests.
Bill Mason, Applicant's engineer, testified in favor and stated that they will be working with Gordon Law on the
engineering issues during the construction plan phase.
, Devin Downs, neighbor, spoke as neutral and stated his concerns as: his existing access road to his property being
eliminated by the development; unproving roads; irrigation water rights in place being disrupted; and wanting lot
sizes to be larger.
Eljay Waite, neighbor, spoke as neutral and stated his concerns as: wanting lot sizes to be larger; traffic;
construction debris; irrigation water rights need to be ensured.
Bill Harhnan, neighbor, spoke as neutral and stated his concerns as: increased traffic necessitate traffic signals;
would like Phase 2 to be limited to one-story homes; would like a privacy fence installed; and wants high-quality
homes built on the higher ground.
John Paine, neighboring fanner, spoke as neutral and stated his concerns as: weeds not maintained in phases not
under consstruction; increase in traffic needs to be addressed by the County and the City; and farm land
disappearing.
Kathy Kelly, neighbor, testified in opposition and stated her concerns as: childrens safety in the area; traffic;
growth and encroachment damages her quality of life; construcrion debris; and schools being maaced out already.
Susan Wildwood, in rebuttal, noted the following: annexation of this properry was not opposed by County; any
portions of the property not under construction will continue to be farmed; five-foot sidewalks will be installed
along Homedale, Indiana, and Montana and will actually create a safer environment for children wallcing to
school; traffic impacts are not ignored and a study has been done by the County and City projected to 2020 and
plans/improvements for road systems are accelerated by Counties in response to development; the average lot size
is 8834 square feet; signs will be posted during construction and such signs will require the respective builders to
be responsible for debris; the goal and intention of the Applicant is to cooperate with the neighborhood.
Public Testimony Closed — Chau�man Murphy closed public testimony.
Comprehensive Plan Analysis on Case No. ANN-18-99 - Motion: Commissioner Blacker. Second:
Commissioner Beebe. The request is in compliance with the foliowing Comprehensive Plan components:
Agricultural Land Use- Policies 1, 2, and 3; Residential- Policy 1; Housing- Policy- i. Passed: Unanimous roll
call vote.
Findings of Fact on Case No. ANN-18-99— Motion: Commissioner Blacker. Second: Commissioner Beebe
Accept the general facts as Findings of Fact. Passed: Unanimous roll call vote.
Conclusions of Law on Case No. ANN-18-99 - Motion: Commissioner Blacker. 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; public notice requirements were met; and the hearing was conducted within the guidelines of
Idaho Code and City ordinances. Passed: Unanimous roli call vote.
Recommendation to City Council on Case No. ANN-18-99 - Morion: Commissioner Blacker. Second:
Commissioner Beebe. Recommend approval on Case No. ANN-18-99. Passed: Unanimous roll call vote.
Comprehensive Plan Analysis on Case No. SUB-35P-99 - Motion: Commissioner Blacker. Second:
; Commissioner Beebe. The request is in compliance with the following Comprehensive Plan components:
Residential Categories- Policies 2,3,7,8, 9, 10 and 11; Urilities- Policies 1,2, and 3; Urban Storm Runoff- Policy 1;
Housing- Policies 1, 2, and 3; Community Design- Policies 7 and 8. Passed: Unanimous roll ca11 vote.
Findings of Fact on Case No. SUB-35P-99 — Motion: Commissioner Blacker. Second: Commissioner Beebe.
Accept the general facts as Findings of Fact and include the following: the Applicant's representative testified that
weeds will be controlled because those phases not under construction will continue to be farmed; the Applicant will
work with surrounding landowners regarding the control of construction debris and will police construction sites by
making it a requirement of respective builders; sidewalks installed along exterior and interior streets will help with
child safety; the Applicant will work with Mr. Downs to keep his existing access. Passed: Unanimous roll call
vote.
Conclusions of Law on Case No. SUB-35P-99 - Motion: Commissioner Blacker. 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; 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 on Case No. SUB-35P-99 — Motion: Commissioner Blacker. Second:
Commissioner Beebe. Recommend approval on Case No. SUP-35P-99 with the conditions outlined in the staff
report. Passed: Unanimous roll call vote.
Public Hearing Closed — Chairman Murphy closed the public hearing.
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E. Case No. ZON-OS-99, a request by Schuyler and Lou Ann Enochs to rezone approximately 439 acres
from R-1 to C-2 (Community Commercial). The site houses a small animal hospital and is located at the
northeast corner of the intersection of 10�' Avenue and Ustick Road and is more commonly known as
4023 S 10`" Avenue.
Testimony —
Linda James presented the staff report and read Exhibit PR-1, a letter of opposition from Peggy Miller into the
record.
Schuyler Enochs, Applicant, testified in favor and stated he had purchased this property in 1963 with the intent of
having a veterinary hospital and the hospital has been there for over 30 years. He also stated that all he wants is
for this property and hospital to be in conformity.
Missy Huyck, Sonia Huyck, Deania Favillo, Julie Katzenberger, neighbors, testified in opposirion noting concerns
with traffic, compromising existing views; and the need to keep the residential atmosphere.
Public Testimony Closed — Chairman Murphy closed public testixnony.
Comprehensive Plan Analysis - Motion: Commissioner Blacker. Second: Commissioner Beebe. None of the •
policies of the Comprehensive Plan apply to this request Passed: Unanimous roll cali vote.
Findings of Fact — Motion: Commissioner Blacker. Second: Commissioner Beebe. Accept the general facts
outlined in the staff report as Findings of Fact and include the fact that the site is served by a well and not City
water. Passed: Unanimous roll call vote.
Conclusions of Law — Motion: Commissioner Blacke�. 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;
public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City
ordinances. Passed: Unanimous roll ca11 vote.
Recommendation to City Council - Motion: Commissioner Archuleta. Second: Commissioner Beebe. Based on
the Findings of Fact and Conclusions of Law, recommend to the Mayor and City Council that Case No. ZON-OS-
99, (Enochs) is approved. Passed: Unanimous roll call vote.
Public Hearing Closed — Chairman Murphy closed the public hearing.
VII. Planning Issues — No planning issues were discussed.
VIII. Adjournment — Chairman Murphy adjourned the meeting at approximately 10:00 p.m. I '!
MINIJTES APPROVED AT A REGULARLY SCHEDULED MEETING HELD JIJNE 15, 1999.
ATTEST:
Chairman Charles Murphy
Community Development Director