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Home My WebLink About9-23-1999 P&Z MINUTES ,, � CALDWELL PLANNING AND ZONING COMMISSION - MINUTES OF SEPTEMBER 23, 1999 I. Call to Order —Chairxnan Blacker called the meeting to order at 7:00 p.m. II. Roll Call Members Present: Janie Archuleta, Matt Beebe, Jim Blacker Staff Present: Linda James, Joan Holmes Legal Counsel: None III. Review of Proceedings - Chairman Blacker reviewed the procedures for public hearings. IV. Poll Members for Conflict of Interest - Chairman Blacker polled members for conflict of interest: there were none. V. Old Business — A. Approve minutes of September 9, 1999 meeting. Motion: Commissioner Beebe. Second: Commissioner Archuleta. Approve as written. Passed: Unanimous voice vote. B. Approve Order of Decision on Case No. SUP-64-99 (Jesus Moreno) and Recommendation to City Council on Case No. SUB-25(6)F-99 (West Valley Phase 6). Motion: Commissioner Beebe. Second: Comxnissioner Archuleta. Approve the Recommendation and Order of Decision for the referenced cases as written. Passed: Unanimous voice vote. VI. New Business — Hearings A. Case No. SUB-40P-99 (Harbor Estates), a request by MacPallan, LTD for preliminary plat approval to develop 23 residenrial lots and 1 storm storm-retention pond lot on approximately 6.2 acres located within an R-1 zone. The site is located along a portion of the north side of W. Beech Street and along a portion of the east side of Airport Avenue, and is east of West Beech Subdivision. Testimony — Linda James presented the staff report and discussed the "out lot" and why it was important for the street/sidewalk I improvements to be included along the boundaries of this lot. She also noted that the rotation of Lots 13 and 14, '�, Block 1 would provide for access to be taken from W. Harbor Street and not from W. Beech. I Greg Skinner, Applicant's Engineer, testified to the following: the developers have agreed to the rotaring of Lots � 13 and 14, Block 1; the Blessings (owners of the out lot) have agreed to dedicate the required right-of-way along Airport and W. Beech that abut their lot; the developer has agreed to construct the improvements required by the City along the Blessings' property; the pressurized irrigation system will be turned over to Pioneer for operation and maintenance; the storm retention lot will be a part of the easement for lots 4 and 6, thereby eliminating the need for a homeowners association; a statement regarding the ownership of the easement will be included as a part of the sale of the one or two lots; a retention pond included as an easement to a buildable lot can make a nice lot. Mac McCann, Applicant, testified the Blessings were in agreement with providing the required right-of-way along Auport and W Beech, and the retention pond design is such that drainage is good and should remain dry 99% of the time. In response to a quesrion, Linda James stated that the Blessings' parcel was considered an out-lot because it was not included in the subdivision plat and that the sale of the portion of their property for the ptupose of creating a subdivision caused their lot to be an"out-lot." She noted that the lot adjacent to the northwest comer of the proposed subdivision is not considered to be an"out lot" because it was not a part of the Blessings' parcel that was sold off in order to create this subdivision. Dale Garrett, neighbor, signed up as neutral but did not speak. � �. • Gary Malek, neighbor, testified as neutral but asked if provisions could be made to control dust when heavy dirt ► work was going on during development. He also noted bugs were prevalent in the area last year and asked if there was any way they could be controlled during construcrion of Harbor Estates. ' Mac McCann testified in rebuttal the following: the developers want to be good neighbors and will be working to reduce dust; the pond should remain dry and provide a nice grassy area; and the irrigarion will be pressurized and will not impact other water users. Public Testimony Closed — Chairman Blacker dosed 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, 9, and 10; Utilities- Policy 3; Urban Storm Runoff- Policy 1; Housing- Policies 3 and SC. 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 from testimony: the crearion of the subdivision caused the Blessings property to be considered an "out lot" but the Blessings' have agreed to dedicate the required right-of-way to the City; the pressurized irrigation will be turned over to Pioneer Irrigarion for , operation and maintenance; there will not be homeowners' association as the retention pond lot will be included as ', an easement in lot 4 and/or lot 6 that are adjacent to the pond lot; lots 13 and 14 of Block 1 will be rotated in order for access to each lot to be taken from S. Harbor Street; the developer will work toward controlling dust during heavy and will try to control bugs if it becomes an issue; the developer has agreed to construct the required improvements along Airport and W. Beech that abut the Blessings' property. Passed: Unanimous roll call vote. Conclusions of Law - Morion: Commissioner Beebe. Second: Commissioner Archuleta. The Commission has the authority to hear this case and recommend 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 — Motion: Commissioner Beebe. Second: Commissioner Archuleta. Recommend approval of Case No. SUB-40P-99, a request by MacPallan, LTD for preliminary plat approval of Harbor Estates with the standard conditions of approval outlined in the staff report and include the following conditions: the right-of-way required along those portions of the Blessings' out-lot parcel that abut Airport and W. Beech shall be shown an amended preliminary plat and shall be dedicated to the City; improvements along those portions of Airport and W. Beech that abuts the boundaries of Harbor Estates and the Blessings out-lot property shall be installed and constructed as required by the Subdivision Ordinance and the City Engineer; the developer shall mitigate dust during times of heavy construction, measures may include an on-site water truck. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing. *****��*****�***�**********************�****�*�*�*****�*��****�********�*******� VII. Planning Issues- No planning issues were discussed. VIII. Adjournment — Chairxnan Blacker adjourned the meeting at appro�mately 7:50 p.m MINUTES APPROVED AT A REGULARLY SCHEDULED MEETING HELD OCTOBER 14, 1999. ; � !� ��,��'-2� ATTEST: C irr�ian Jim Blacker � � Community Deve p ent Director ;