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Home My WebLink About5-27-1999 P&Z MINUTES .t w, CALDWELL PLANNING AND ZONING COMMISSION MINUTES OF MAY 27,1999 I. Call to Order —Chairman Murphy called the meering to order at 7:00 p.m. II. Roll Call Members Present: Janie Archuleta, Matt Beebe, Charles Murphy Members Absent: Jim Blacker 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 - Chairman Murphy polled members for conflicts of interest: there were none. V. Old Business — '� A. Approve Recommendations to City Council on Case SUB-23F-99 (Copper Rock Subdivision); Case Nos. ANN-18-99 and SUB-35P-99 (Southpark Subdivision); and ZON-OS-99 (Enochs); and Orders of Decision on Case Nos. SUB-21P-98 (Commuter Estates); and SUP-54-99 (Indian Creek Phase 6). Motion: Commissioner Beebe. Second: Commissioner Archuleta. Approve the Recommendations and Orders of Decision for the referenced cases as written. Passed: Unanimous voice vote. VI. New Business — Hearings A. Case No. ANN-19-99, a request by Darrel Deide to annex approximately 38 acres into the City as an R-1 (Single Family Residential) zone. The site is located approxirnately one-quarter mile south of Ustick Road; a portion of the site abuts the east side of Lake Avenue and a portion abuts the south side of Ashton Hills Subdivision. The site also lies between the southwest side of the Wilson Creek Drain and the northeast side of the Caldwell Lowline Canal. T'he project site is legally sescribed as a part of the NW '/ SW'/4 SW'/4 SW'/o, Section 1, Township 3 North, Range 3 W.B.M Testimony — Bud Knickerbocker presented the staff report and Exhibit PA-1, a letter from Gordon Law, City Engineer which was read into the record. Darrel Deide, Applicant, testified in favor. Public Testimony Closed —Chaiiman Murphy closed public testimony. Comprehensive Plan Analysis - Motion: Commissioner Beebe. Second: Commissioner Archuleta. The r e uest is in com liance with the foll q . P owing Comprehensive Plan Components: Agricultural Land Use- Policies 1, 2, and 3; Residential Categories, Policy 1. Passed: Unanimous roll call vote. Findings of Fact — Morion: Commissioner Beebe. Second: Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact and include the letter dated May 20, 1999 from Gordon Law. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Beebe. Second: Commissioner Archuleta. The Commission has the authority to hear this case and to make a recommendation to City Council; public norice 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 Beebe. Second: Commissioner Archuleta. Recommend to City Council that Case No. ANN-19-99 (Deide) is approved. Passed: Unanimous roll call vote. � Publfc Hearing Closed —Chairman Murphy closed the public hearing. ****:�*:�***�**:�x*�*:��**�**��**��*:��*�****:��x**�*��*�****�**��****�*�** B. Case No. SUP-55-99, a request by Ampelio Gutzman for special use pemut to operate a bar (serving beer and wine coolers) out of an e�cisting building more commonly known as 707 Main Street. The site is located within the downtown area of Caldwell and is within a G2 zone. Testimony — Bud Knickerbocker presented the staff report. Ampelio Guzman, Applicant, testified in favor. Duane Seidenstucker, adjacent business owner, testified in opposirion. Concerns expressed were: parking; trash; kids coming into the bike shop in the evening hours in the suinmer; hecklers and property damage in the late hours. Brent Houchins, adjacent business owner, testified in opposition. Concerns e�pressed were: trash; traffic; and , having another bar will not attract families to the downtown area. , I Chan Dinh Luong, owner of the building, testified in favor and stated the building has been vacant about a year. Ampelio Guzman, in rebuttal, stated his business will only be open at night, and this location is ideal. Public Testimony Closed —Chairman Murphy closed public testimony. Comprehensive Plan Analysis - Motion: Commissioner Beebe. Second: Commissioner Archuleta. The request is in compliance with the following Comprehensive Plan Components: Commercial Categories- Policies 1 and 3. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Beebe. Second: Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact and include the fact that the building is vacant. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Beebe. Second: Commissioner Archuleta. The Commission has the authority to hear this case and to approve or deny; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision — Motion: Commissioner Beebe. Second: Commissioner Archuleta. Approve Case No. SUP- 55-99 with the standard conditions of approval outlined in the staff report. Passed: Unanunous roll call vote. Public Hearing Closed —Chairman Murphy closed the public hearing. :�***:t:�**��:��**�c****��**�e�e***x*�c*:��t******��*��***�**�*��**�*x*x�:��e****�***�** C. Case No. SUP-56-99, a request by Robert L. Hibbard for a special use pernut to approve a planned unit ' development to construct a two-unit dwelling in the center of the lot line between two single lots thereby creating a zero side lot line for each dwelling unit. Each unit and lot will be under separate ownership. The lots are 7539 square feet respectively and are located within an R-1 zone. The site is more commonly known as Lot 5(3020 S 10�' Avenue) and Lot 6(3104 S 10�' Avenue), Block 2, New Country Meadows Subdivision. Testimony — Linda James presented the staff report. Robert Hibbard, Applicant, testified 'm favor and noted that he was the developer of the subdivision and that the two lots on which he wishes to build a two-family dwelling have been vacant for over 20 years. The reason they have remained vacant is because they abut S. 10`�' Avenue which is a busy street. It is difficult to maintain the weeds and adjouung property owners have a tendency to dump trash on the lots. The lots will be sold to two > � , respective buyers but the two-family dwelling will be occupied by a retired couple and their son and daughter-in- law. Mr. Hibbard submitted Exhibit PZ-1000, a rendition of the proposed structure and noted the value of the proposed structure at $280,000. The driveways will access S. 10` Avenue but the garages will be located in tlZe back of the structure. Public Testimony Closed —Chairman Murphy closed public testimony. Comprehensive Plan Analysis - Motion: Commissioner Beebe. Second: Commissioner Archuleta. The request is in compliance with the following Comprehensive Plan Components: Residential Categories- Policies 2, 3, and 5. Passed: Unanimous roll call vote. ' Findings of Fact— Motion: Commissioner Beebe. Second: 'Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact and include the facts that the lots have been vacant for over 20 years and the quality of the proposed structure will enhance the neighborhood. Passed: Unanimous roll call vote. Conclusions of Law— Motion: Commissioner Beebe. Second: Commissioner Archuleta. The Commission has the authority to hear this case and to approve or deny; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision — Motion: Commissioner Beebe. Second: Commissioner Archuleta. Approve Case No. SUP- 56-99 with the standard conditions of approval outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed —Chairman Murphy closed the public hearing. � D. Case Nos. SUP-57-99 and VAR-14-99, a request by Kids First, LLC, for a special use permit to construct a 3500 square foot child care center and to operate said center. Section 10-02-10 of Zoning Ordinance No. 1451 requires off-street parking of one space for every eight children and one parking space for each employee. The Applicant is requesting a variance from the requirement of one off-street parking space per each eight children. The site is approximately 0.9 acres and is within an M-1 (Light Industrial) zone and is more commonly know as Lot 6, Badiola Industrial Park, 306 Badiola Street Testimony — Linda James presented the staff report and read into the record the following Exhibits: PR-1, a letter from Earl and Associates expressing their concerns; PR-2, a letter i'rom Lynn Proctor, an adjacent lot owner supporting the proposal; and PR-3, a letter from Steve Jordan, an adjacent lot owner supporting the proposal. Mr. Jordan caurioned the Applicants that his proposed building might create noise, truck traffic, and odor and that he does not plan to alter the use of their new building. Mrs. James recommended that the Commission approve the variance request even if they do not approve the special use permit, as it is her intent to propose an amendment to the parking requirements for Child Care Centers in the near future. Dan Roberts, Applicant, spoke in favor of the project and addressed the concerns outlined in the letter from Earl and Associates. ; Debbie Olson and Stephanie Goddard spoke in favor. Variance Procedure — Motion: Commissioner Beebe. Second: Commissioner Archuleta. Commission members found that a11 five criteria necessary as outlined in the staff report to grant a variance were true. Passed: Unanimous roll ca11 vote. Comprehensive Plan Analysis - Motion: Commissioner Beebe. Second: Commissioner Archuleta. The request is in compliance with the following Comprehensive Plan Components: Industrial Categories, Policy 2. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Beebe. Second: Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact and include the following: there have been no accidents at the intersection of Badiola Street and Chicago, or at the intersection of the animal hospital and Badiola Street since records have been kept by the Police Deparhnent starting in 1991; children do not walk to school, they are bussed. Passed: Unanimous roll call vote. . �, Conclusions of Law — Motion: Commissioner Beebe. Second: Commissioner Archuleta. The Commission has the authority to hear this case and to approve or deny; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision — Motion: Commissioner Beebe. Second: Commissioner Archuleta. Approve Case Nos. VAR-14-99 and SUP-57-99 with the condirions outlined in the staff report and include the number of children enrolled in the center shall not exceed the requirement of 35 feet of net indoor floor space per child. Passed: Unanimous roll call vote. Public Hearing Closed —Chairman Murphy closed the public hearing. ***�**�:�******�*��*�***��******:�***:�*��******�***�*��***:��*�***:�**��*�******,� VII. Planning Issues A. Manufactured Home Park Development proposed Ordinance. VIII. Adjournment —Chairman Murphy adjourned the meeting at appro�mately 8:50 p.m. MINUTES APPROVED AT A REGULARLY SCHEDULED MEETING HELD JUNE 15, 1999. ATTEST: Chairman Charles Murphy Community Development Director