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Home My WebLink About6-15-1999 P&Z MINUTES • + CALDWELL PLANNING AND ZONING COMMISSION MINUTES OF JLTNE 15, 1999 I. Call to Order —Chairman Murphy called the meeting 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 Muiphy polled members for conflicts of interest: there were none. V. Old Business — A. Approve Minutes of May 18, 1999 meeting and May 27, 1999 meeting. Motion: Commissioner Beebe. Second: Commissioner Archuleta. Approve as written. Passed: Unanimous voice vote B. Approve Recommendation to City Council on Case No. ANN-19-99 (Deide), and Orders of Decision on Case No. SUP-55-99 (Ampelio Guzman), Case No. SUP-56-99 (Robert Hibbard), and Case Nos.VAR- 14-99 and SUP-57-99 (Kids First). Morion: Comxnissioner 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. SUP-58-99, a request by Sundowner, Inc., far approval of a special use pernut to construct one four-plex dwelling structure on each of 15 respective lots in Madison Estates Subdivision, which is located in an R-2 zone. The subject site is bordered by E. Madison Street, Nogales Court, N. 1 Avenue and N. 3` Avenue. Testimony — • " Linda James presented the staff report. Carl Anderson, Representative, testified in favor. Public Testimony Closed —Chairman Murphy closed public testimony. Comprehensive Plan Analysis - Motion: Coxnmissioner Beebe. Second: Commissioner Archuleta. The request is in compliance with the following Comprehensive Plan Components: Residential- Policies 1, 2, 3,and 10; Urban Storm Runoff- Policies 1 and 2; Housing- Policy 1; and Community Design- 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: the lot line adjustments will reduce the plat from 24 lots to 201ots; there will be 17 lots that will have the 4-plex dwellings on them, the remaining 3 lots will have tri-plexes. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Cominissioner 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- 58-99 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. �***�************�**��**��****:��***��****�*�********�*******�**�*****�********** B. Case No. SUP-59-99, a request by John Starr for approval of a Planned Unit Development to use an existing structure known as the old IOOF building for multi-uses consistent with C-2 (Community Commercial) zone uses. The building is more commonly known as 711 E. Cleveland Blvd. Staff noted that the Applicant, John Starr was not in attendance. Action — Motion: Commissioner Beebe. Second: Commissioner Archuleta. Remove this case from the agenda because the applicant is not in attendance. Passed: Unanimous roll call vote. **�**********�************�*�**�*�*******�*��****�x**��**********�**************** C. To hear concurrently Case Nos. ANN-20-99 and SUB-36P/F-99, a request by Crestline Development to annex approximately 5 acres into the City as a C-1 (Neighborhood Commercial) zone, and to approve the preliminary plat of Southpark Business Center, which consists of 4 lots. Included in the request is approval of a development agreement as it relates to development of the commercial lots. If approved, the 5 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 Homedale Road and South Montana Avenue, and is legally described as a part of the NW '/4 NE '/, Section 10, Township 3 North, Range 3 W.B.M. Testimony — Linda James presented the staff report and briefly discussed the development agreement. Susan Wildwood, Representative, testified in favor. Lloyd Glasgow, Applicant, did not speak, but was available for questions. Public Testimony Closed —Chairman Murphy closed public testimony. Comprehensive Plan Analysis on Case No. ANN-20-99 - Motion: Commissioner Beebe. Second: Corrunissioner Archuleta. The request is in compliance with the following Comprehensive Plan Components: Commercial Categories- Palicy 9. Findings of Fact on Case No. ANN-20-99 — Motion: Commissioner Beebe. Second: Comtnissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law on Case No. ANN-20-99 — Motion: Comrnissioner Beebe. Second: Coxnmissioner Archuleta. The Cominission has the authority to hear this case and to recommend approval or denial to City Council; 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. ANN-20-99 — Motion: Commissioner Beebe. Second: Commissioner Archuleta. Recommend approval on Case No. ANN-20-99. Passed: Unanimous roll call vote. Comprehensive Plan Analysis on Case No. SUB-36P/F-99- Motion: Commissioner Beebe. Second: Commissioner Archuleta. The request is in compliance with the following Comprehensive Plan Components: Commercial Categories- Policy 9; Residential Categories- Policy 6; Urban Storm Runoff- Policies 1 and 2; and Community Design- Policy 1. Findings of Fact on Case No. SUB-36P/F-99— Motion: Commissioner Beebe. Second: Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact and inciude the following facts taken from testimony: Linda James noted that the plat was considered a short plat and that the recommendations would include both preliminary and final. Susan Wildwood stated that the developer has agreed to put a walkway for pedestrian access between the residential areas and the commercial areas. Passed: Unanimous roll call vote. I, Conclusions of Law on Case No. SUB-36P/F-99— Motion: Commissioner Beebe. Second: Commissioner Archuleta. The Commission has the authority to hear this case and to make a recommendation of approval or denial to City Council; 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-36P/F-99— Motion: Commissioner Beebe. Second: Commissioner Archuleta. Recommend approval on Case No. SUB-36P/F-99 with the standard conditions outlined in the staff report and include the condition for a walkway to be designed between the residenrial areas and commercial lots. Passed: Unanimous roll call vote. Public Hearing Closed —Chairn�an Murphy closed the public hearing. �************�*******�***��*****************�*******************�***�*�*****�***� D. Case No. OA-22-99, a request by the Planning and Zoning Commission to amend Zoning Ordinance No. 1451 by repealing Article 5, Mobile Home Park Standards and Procedures, and to adopt Article 5, Manufactured Home Developments, Design and Construction Standards. The proposed Article sets forth the following Sections: Purpose and Intent, Pernutted by Special Use, Pernutted Uses, Required Improvements, General Requirements, Preapplication Conference, Applicarion Requirements, Placement Standards, Deed(s) Required, Significance of Approval, As-Built Approvals, Planned Unit Development. The request also includes amending Section 10-02-02, Table 1, Land Use Schedule, by delering "Mobile Home Parks as a special use in R2, R3, C3 and M1 zones" and by adding "Manufactured Home Development as a special use in Rl, R2, and R3 zones." Testimony — Linda James presented the staff report and discussed various sections of the proposed Ordinance as follows: 1) the draft ordinance includes standards for placement of each home; three options for placement are provided, including the manufacturers' specifications for set up. The City currently follows Idaho Code Chapter 22, Section 44-2204, which does not provide requirements for anchoring of the home; the placement standards proposed will provide for anchoring; 2) adoption of the proposed ordinance includes a provision that will now provide the opportunity for rnanufactured home developments to be located within all residential zones. Because of this change, it is important for the City to require public road sustems when developments are proposed in areas that have existing public road systems or in areas that are a part of planned public road systems; 3) the ordinance requires that a development's rules and regulations become a part of the conditions of approval because part of this document normally includes testimony from the applicant as to the overall concept and operation of the development. John Connolly spoke in opposition to the proposed ordinance and expressed the following: 1) no need for two sidewalks; 2) setbacks could be five feet on each side and three feet in the back, which would meet the requirements of the Uniform Fire Code; 3) what happens if irrigation is not available to the development; 4) landscaping requirements are not the same for site built developments; 5) the City should have no say over the rules and regulations of the development. Tony Tunison spoke in opposition and noted that the ordinance would not provide the opportunity for people to have affordable housing. Comprehensive Plan Analysis - Motion: Commissioner Beebe. Second: Commissioner Archuleta. The request I , is in compliance with the following Comprehensive Plan Components: Residential Categories- Policies 2, 3, 8, and ' 9; Utilities- Policies 1, 2, and 3; Community Design- Policies 2, 4, and 7. Passed: Unanimous roll call vote. Findings of Fact — Motion: Corrunissioner Beebe. Second: Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law — Morion: Commissioner Beebe. Second: Commissioner Archuleta. The Commission has the authority to hear this case and to make a recommendation of approval or denial to City Council; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendatian to City Council— Motion: Coxnmissioner Beebe. Second: Commissioner Archuleta. Recommend approval on Case No. OA-22-99. Passed: Unanimous roll call vote. Public Hearing Closed —Chairman Murphy closed the public hearing. . , *************�***�*******:�*****************�****�*:��:�*****�**�**��**�****:��**�***:� • E. Case No. OA-24-49, a request by the Planning and Zoning Commission to amend Subdivision Ordinance No. 1758 by amending Article 1, Section 11-01-04, Definitions, by adding a definition for "Manufactured Home Development"; and amending the definition of "Subdivision" by adding certain language to exclude a Manufactured Home Development from being considered a subdivision; and by deleting Subsection 2 of Article 2, Section 11-02-02, Compliance with Idaho Code Required. Testimony — Linda James presented the staff report and noted that this proposed amendment to the Subdivision Ordinance was basically a companion to the proposed Manufactured Home Development amendment to the Zoning Ordinance. She noted that on the advise of Mark Hilty, City Attorney, clarification needed to be made that Manufactured Home Developments were exempt from the platting process and from the defuurion of a"subdivision." Findings of Fact — Morion: Commissioner Beebe. Second: Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Beebe. Second: Commissioner Archuleta. The Cominission has the authority to hear this case and to make a recommendation of approval or denial to City Council; 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 Beebe. Second: Comxnissioner Archuleta. Recommend approval on Case No. OA-24-99. Passed: Unanimous roll call vote. VII. Planning Issues A. Linda James stated that Chairman Murphy had resigned and this was his last meeting. VIII. Adjournment —Chairman Murphy adjourned the meering at approximately 8:30 p.m. MINUTES APPROVED AT A REGULARLY SCHEDULED MEETING HELD JULY 8, 1999. ATTEST: . • : Secretary Janie Archuleta Community Development Director