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Home My WebLink About5-9-2000 P&Z MINUTES `� CALDWELL PLANNING AND ZONING COMIVIISSION ' MINUTES OF MAY 9, 2000 I. Call to Order — Chairman Blacker called the meeting to order at 7:00 p.m II. Roll Call Members Present: 7an�i�e Archuleta, Jixn Blacker, Jack Teraberry Staff Present: Linda James, Joan Holmes Legal Counsel: Mark Hilty III. Review of Proceedings — Chairn�an Blacker reviewed the procedures for public hearings. IV. Poll Members for Conflict of Interest - Chairman Blacker polled members for conflicts of interest: Jack Teraberry stated he had a conflict with Case No. ZON-08-00 and would not participate. V. New Business — Hearings A. Case No. ZON-08-00, a request by Gail Dawson, Karen 7. Comwell, W.E. Watkins, M.D., and Jerry R Webber, to rezone Lots 1 through 7 of One Linden Plaza, Inc., from a C-1 (Neighborhood Commercial) to a C-3 (Service Commercial) zone. One Linden Plaza, Inc., is located at the southwest intersection of Linden Street and Georgia Avenue. The lots are more commonly known as 2312, 2420, 2512, and 2520 E. Linden Street. As a part of the annexation, the Comprehensive Plan Land Use map would be amended from a C-1 zone designation to a C-3 zone designarion and would be included in the next available update of the Comprehensive Plan Map. Testimony — Linda James presented the staff report. " Speaking in favor: Gail Dawson and Bazbara Watkins, Co-Applicants. � No one spoke in opposition. ° Public Testimony Closed — Chairrnan Blacker closed public testimony. 7 Comprehensive Plan Analysis - Motion: Commissioner Blacker. Second: Commissioner Archuleta. The Land Use Goal of the Comprehensive Plan Analysis applies. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Blacker. Second: Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact. - Conclusions of Law — Motion: Commissioner Blacker. Second: Cornmissioner Archuleta. The Planning and Zoning Commission has the authority to hear this case and to recommend approval or denial; the hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances. Passed: Unanimous roll call vote. Recommendation to City Council — Motion: Cominissioner Blacker. Second: Commissioner Archuleta. Recommend approval of Case No. ZON-08-00. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing. *******************************************************�*��***************�****�** B. To hear concurrently` Case Nos. ANN-29-00 and SUB-48P-00, a request by Capital Development to annex approximately 35 acres into the City as an R-1 (Single-Family Residential) zone, and preliminary plat approval to develop a Planned Unit Development laiown as Manchester Park, Units 6 through 12, which consists of 219 single-family, 22 townhouse, and 7 common-area lots. The site abuts the south side of Manchester Park, Units 1 through 5, and lies between the east side of Marshall Avenue and the west side of an undeveloped portion of Airport Avenue Testimony - Lirida 7ames presented the staff report. �; Speaking in favor were: Ramon Yorgason, Applicant, and Representatives Rita Earl and Bill Mason. The ' Applicant requested that the 20-foot pathway adjacent to Lot 39 be removed. Kerry Pagenkopf, neighbor, stated his questions which were the R-O-W on Marshall and if covenants were required to fence back yards. Ramon Yorgason testified that the right-of-way on Marshall Avenue on the Manchester park side was vacated five or six years ago and there was no intent to develop Marshall Avenue along this side. Fences aze not required in the covenants to be installed; however the covenants do require spec�c types of fences. Public Testimony Closed —Chairman Blacker closed public testimony. Comprehensive Plan Analysis on Case No. ANN-29-00 - Motion: Commissioner Archuleta. Second: Commissioner Teraberry. The Land Use Goal of the Comprehensive Plan Analysis applies. Passed: Unanimous roll call vote. Findings of Fact on Case No. ANN-29-00 — Motion Commissioner Teraberry. Second: Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact. Conclusions of Law on Case No. ANN-29-00 — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. The Planning and Zoning Commission has the authority to hear this case and to recommend approval or denial; the hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances. Passed: .Unanimous roll call vote. , Recommendation to City Council on Case No. ANN-29-00 — Motion: Cominissioner Teraberry. Second: Commissioner Archuleta. Recommend approval of Case No. ANN-29-00. Passed: Unanimous roll call vote. �' Comprehensive Plan Analysis on Case No. SUB-48P-00 - Motion: Commissioner Archuleta. Second: Commissioner Teraberry. The request is in compliance with the following components: Residential Categories — Poiicies 2, 3, 8, and 9; Utiliries- Policies 1, 2, and 3; Urban Storm Runoff- Policies 1; Transportation- Policy 2; Housing- Policy 3; Community Design- Policies 7 and 8. Passed: Unanimous � roll call vote. t _ _ __ `' . Findings of Fact on Case No. SUB-48P-00 — Motion: Commissioner Archuleta. Second: Commissioner Teraberry. Accept the general facts outlined in the staff report as Findings of Fact and include from testimony the following: Airport Avenue will be developed southward to the Canal; the pathway shown on the plat will be removed; the same approaches to the townhouse lots that were installed in Units 1 through 5 will be installed for the townhouse lots in Units 6 through 12; the irrigation system was initially designed to accommodate all phases of Manchester Park but the pumps will be upgraded; the street names will be changed in compliance with the Fire Mazshall's request. � Conclusions of Law on Case No. SUB-48P-00 — Motion: Cominissioner Teraberry. Second: Commissioner Archuleta. The Planning and Zoning Commission has the authority to hear this case and to recommend approval or denial; the hearing was legally noriced and conducted within the guidelines of applicable codes and ordinances. Passed: Unanimous roll call vote. Recommendation to City Council on Case No. SUB-48P-00 — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. Recommend approval of Case No. SUB-48P-00 with the standazd conditions outlined in the staff report and include the removal of the pathway. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing. ****************�************************�*********************************��***** C. To hear concurrenfly Case Nos. ANN-28-00 and SUB-47P-00, a request by Crestline Development, LC and Heartland Development, LLC to annex approximately 121 acres into the City as a C-4 (Interchange or Freeway Commercial) zone, and preliminary plat approval of Hampton Business Center, which consists of 10 commercial and 2 common-area lots. As a part � of the annexation, the Comprehensive Plan Land Use map would be amended from an Industrial Minutes of May 9, 2000 and Agricultural designa.rion to a Commercial designation. 'T}te site is located at the southeast e comer of the intersection of Aviation Way and State Hwy 20/26. r Testimony — Linda James presented the sta.ff report and Exhibit PZ-1000, Assessor's map with the site outlined. Speaking in favor were: Rita Earl and Bill Mason, Representatives. No one spoke in opposition. Public Testimony Closed —Chairman Blacker closed public testimony. Comprehensive Plan Analysis on Case No. ANN-28-00 - Morion: Corrunissioner Teraberry. Second: Commissioner Archuleta. The Land Use Goal of the Comprehensive Plan Analysis applies. Passed: Unanimous roll call vote. Findings of Fact on Case No. ANN-28-00 — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact and include the following from testimony: the C-4 zoning requested is a progressive outward expansion from the Flying J property to the west; the site will be developed in the future with uses that aze pernritted in a C-4 zone. Conclusions of Law on Case No. ANN-28-00 — Motion: Commissioner Archuleta. Second: Commissioner Teraberry. The Planning and Zoning Commission has the authority to hear this case and to recommend approval or denial; the hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances. Passed: Unanimous roll call vote. Recommendation to City Council on Case No. ANN-28-00 — Motion: Commissioner Teraberry. Second: Commi�sioner Archuleta. Recommend approval of Case No. ANN-28-00. Passed: Unanimous roll call vote. Comprehensive Plan Analysis on Case No. SUB-47P-00 - Motion: Commissioner Archuleta. Second: Commissioner Teraberry. The request is in compliance with the following components: Commercial E Categories — Policy 8; Utilities- Policies 1, 2, and 3; Urban Storm Runoff- Policies 1 and 2. Passed: r Unanunous roll call vote. � Findings of Fact on Case No. SUB-47P-00 — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact and the following facts taken from testimony: the Applicants will comply with the requirements placed on the preliminary plat by the City Engineer, Fire Marshall and Pioneer Irrigation; the entrance islands shown on the plat will be landscaped and will be maintained by the business association. -. Conciusions of Law on Case No. SUB-47P-00 — 1Vlotion: Commissioner Teraberry. Second: Commissioner Archuleta. The Planning and Zoning Commission has the authority to hear this case and to recommend approval or denial; the heari.ng was legally noticed and conducted withi.n the guidelines of applicable codes and ordinances. Passed: Unanimous roll call vote. Recommendation to City Council on Case No. SUB-47P-00 — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. Recommend approval of Case No. SUB-47P-00 with the sta.ndard conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing. � ***************�******�**�****�**********+***********�**�************�************ ; D. Case No. E1NN-30-00, a request by Ralph Smeed to annex approximately 40 acres into the City as a G3 (Service Commercial) zone and approximately 60 acres as an M-1 (Light Industrial) zone. As a part of the annexation, the Comprehensive Plan Land Use map would be amended from an Agricultural designation to a Commercial and Industrial designation. The west side of the subject site is approximately 1300 feet east of Aviafion Way and runs parallel with the south side of State Highway 20/26 for approximately one-half mile. The 40 acres requested to be annexed as C-3 abuts the south side of Highway 20/26; the 60 acres requested to be annexed as an M-1 zone abuts the south side of the eastem portion of the commercial acreage. Minutes of May 9, 2000 • � ` Testimony — Linda James presented the staff report and Exhibit PZ-1000, Assessor's map with the site outlined. Speaking in favor: John Blaye, Applicant's Representative. Mr. Blaye showed an aerial photograph of the site but stated that it was not presented as an Exhibit. No one spoke in opposition. Public Testimony Closed — Chairma,n Blacker closed public testimony. Comprehensive Plan Analysis - Motion: Commissioner Archuleta. Second: Commissioner Teraberry. The Land Use Goal of the Comprehensive Plan Analysis applies. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Archuleta. Second: Commissioner Teraberry. Accept the general facts outlined in the staff report as Findings of Fact and include the following: an aerial photograph was placed before members by the Applicant's representative but was not entered as an exhibit so was not considered by members to be a support document; the Applicant's representative questioned the right-of- way requested by Gordon Law and asked for clarification. Conclusions of Law — Motion: Commissioner Archuleta. Second: Commissioner Teraberry. The Planning and Zoning Commission has the authority to hear this case and to recommend approval or denial; the hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances. Passed: Unanimous roll call vote. Recommendation to City Council — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. Recommend approval of Case No. ANN-30-00. Passed: Unanimous roll call vote. Public Hearing Closed —Chairrnan Blacker closed the public hearing. � ****************�*******�*******�***************�***��****��**************�**�*** k VII. Planning Issues- No planning issues were brought forward. s �. Adjournment —Chairman Blacker adjourned the meeting at approximately 8:40 p.m. IvIINUTES APPROVED BY COn�SSION MEMBERS, AND SIGNED BY CHAIRMAN gLACKER, AT A REGULARLy SCHEDULED MEETING HELD JUNE g, 2000. Chairman Jim Blacker � ATTEST: Community Development Director ' Minutes of May 9, 2000