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HomeMy WebLinkAbout7-11-2000 P&Z MINUTES � CALDWELL PLANNING AND ZONING COMMISSION MINUTES OF JULY 11, 2000 I. Call to Order — Chairman Blacker called the meeting to order at 7:00 p.m. II. Roll Call Members Present: Chairman Jim Blacker, Janie Archuleta, 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: there were none. V. Old Business — A. Approve Minutes of June 8, 2000. Meetings. Motion: Cominissioner Teraberry. Second: Commissioner Archuleta. Approve as written. Passed: Unanimous voice vote. VI. New Business — Hearings A. Case No. SUB-25F(8)-99, a request by West Valley Development, LLC for final plat approval of West Valley Estates Subdivision No. 8, which consists of 63 residential and 3 common-area lots. Testimony — Linda James presented the staff report and Exhibit PA-3, a memo from Doug Brown. Matt Munger, Applicant's Representative testified in favor. Signed up as neutral were: Ron Teach and Jon Thompson. Mr. Thompson stated that the pedestrian way common to West Valley Estates and Falcon Ridge Estates should be eliminated. Ron Teach did not speak. In opposition was Marjorie Chance but she did not speak. In rebuttal Mr. Munger stated that Falcon Ridge and West Valley Estates were required to have the pedestrian way included but that West Valley would agree to have it removed. Linda James in response to Chairman Blacker's question regarding the pedestrian way stated that it could only be removed if a request were made to City Council, a public hearing on the matter was held, and Council granted the amendment. She also noted that it was not noticed for tonighYs hearing that it was outside the realm of fmal plat approval of West Valley Estates No. 8. Public Testimony Closed — Chairman Blacker closed public testimony. Findings of Fact — Motion: Commissioner Teraberry. Second: Comxnissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Archuleta. Second: Commissioner Teraberry. The Commission has the authority to hear this case and recommend 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 — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. Approve Case No. SUB-25F(8)-99. Passed: Unanimous roll cali vote. P& Z Minutes of July 11, 2000 . Public Hearing Closed — Chairman Blacker closed the public hearing. **�*****�*�******�*************��**************************���******************** B. Case No. SUP-90-00, a request by Michele Snyder far a special use pernut to operate a childcare center in a residential dwelling, in accordance with Section 10-02-02, Land Use Schedule, Zoning Ordinance No. 1451. The site is located in an R-1 (Single-Family Residential) zone and is more commonly known as 223 Mountain View Avenue. Testimony — Linda James presented the staff report and E�ibit PR-1, a phone call from neighbor Nola Waite who supports the request. Mrs. James also stated that the available net square footage has not been detemuned and that the actual number of children that could be allowed is unlcnown at this time. Michele Snyder, Applicant, testified in favor and presented E�ibits PZ-1000, a parking plan, and PZ-1001, an inspection from the State Fire Marshall for daycare. She plans to employ one other person and to have a maximum of 24 children during the day and 12 during the swing shift. Public Testimony Closed — Chairman Blacker closed public testimony. Comprehensive Plan Analysis - Motion: Commissioner Teraberry. Second: Commissioner Archuleta. The request is in compliance with: Property Rights — Goal, Objective B, and Policy 1; School Facilities and Transportation — Goal and Policy 1; Land Use — Goal, and Residential — Policy 1; Transportation — Goal, Objective A, and Policy 5. 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 facts from testimony: an adjoining neighbor telephoned the Community Development Director and offered her support of the childcare center; it is unknown as to how much indoor "net" square footage is available; the Applicant submitted PZ-1000 a copy of an off-street parking plan for employees, and PZ-1001 a signed inspection form from the State Fire Marshal; the Applicant stated that she would like to have a maximum of 24 children during the day and 12 children during the swing-shift hours but would not have any children during the graveyard shift. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. The Commission has the authority to hear this case and 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 Teraberry. Second: Cominissioner Archuleta. The Commission approved Case No. SUP-90-00 with the standard conditions outlined in the staff report and the following condition: The occupancy load shall be determined by the actual "net" square footage available both indoors and outdoars and said "net" square footage shail be deternuned by the Community Development Director. If the "net" square footage is deternuned to provide enough space for more children than would be approved by the Building Official and Fire Marshal, the lesser number established by the Building Official and Fire Marshal shall prevail. In no case shall the number of children enrolled in the center at any one time exceed the requirement of 35 feet of net indoor floor space per child and 70 square feet of outdoor play area per child. Passed: Unanimous roll call vote. Public Hearing Closed —Chairxnan Blacker closed the public hearing and noted anyone wishing to appeal his decision should see the Director of Community Development. **�********************************************************�*,�******************** C. Case No. SUP-91-00, a request by Joseph and Judith Doan for a special use pernut to construct a single- family residence and a guest house on one lot, in accordance with Section 10-03-07, Planned Unit Developments, Zoning Ordinance No. 1451. The site is located in an R-1 zone (Single-Family Residential) and is more commonly lrnown as 2507 N. Montana. Testimony — P& Z Minutes of July 11, 2000 . Linda James presented the staff report. Testifying in favor were: Bill Pugh, Applicant's Representative, and Joe Doan, Applicant. In opposition was Pat Steadman, who expressed his concerns that the area is primarily single-family and the guest house might be rented. Public Testimony Closed — Chairman Blacker closed public testimony. Comprehensive Plan Analysis - Motion: Comxnissioner Teraberry. Second: Corrunissioner Archuleta. The request is in compliance with: Property Rights — Goal, Objective B, and Policy 1; School Faciliries and Transportation — Goal and Policy 1; Land Use Goal, and Residential — Policy l; Hazardous Areas — Goal and Objective A; Public Services, Uriliries and Facilities — Goal, Objective A, and Policies 1 and S;Transportation — Goal, Objective A, and Policy 5; Housing — Goal, Objective C, and Policies 1, 3, and 6; Community Design — Goal and Objective E. 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 facts from testimony: Southwest District Health has issued a perxnit for this site and the septic system will accommodate the rivo structures; conditions could be placed on the special use pernut that would not allow the guesthouse to be rented; the Community Development Department periodically visits sites that have special use pernuts in order to deterniine continued compliance. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. The Commission has the authority to hear this case and 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 Teraberry. Second: Commissioner Archuleta. The Commission approved Case No. SUP-91-00 with the standard conditions outlined in the staff report and include the condirion that this pernut is only applicable to the Doan's owning the property. If it changes hands, the pernut is null and void. Passed: Unanimous roll call vote. Public Hearing Closed — Chairxnan Blacker closed the public hearing and noted anyone wishing to appeal his decision should see the Director of Community Development. *****************��**************************�**********�************************* D. Case No. SUP-92-00, a request by Bryan Walker for a special use pernut to use an existing residential structure located in an R-3 (High Density Residential) zone as a law office, in accordance with Secrion 10-02-02, Land Use Schedule, Zoning Ordinance No. 1451. The site is more commonly lrnown as 617 S. 6 Avenue. Testimony — Linda James presented the staff report. Bryan Walker, Applicant, testified in favor. He stated the home has 1300 square feet of usable space; a 2 foot by 4 foot wooden sign is planned; and he would prefer not to add additional off-street parking spaces. No one testified in opposition. Public Testimony Closed — Chairman Blacker closed public testimony. Comprehensive Plan Analysis - Motion: Commissioner Teraberry. Second: Comxnissioner Archuleta. The request is in compliance with: Property Rights — Goal, Objective B, and Policy l; School Facilities and Transportation — Goal and Policy 1; Land Use Goal, and Residential — Policy 1; Natural Resources — Goal and Policy 1; Transportation — Goal and Objective A; Community Design — Goal, Objective A, and Policy 6. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Archuleta. Second: Commissioner Teraberry. Accept the general P& Z Minutes of July 11, 2000 . facts outlined in the staff report as Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law — Morion: Commissioner Archuleta. Second: Commissioner Teraberry. The Commission has the authority to hear this case and approve ar 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 Teraberry. Second: Commissioner Archuleta. The Commission approved Case No. SUP-92-00 with the standard conditions outlined in the staff report and include the condition that the additional two off-street parking spaces are to be installed. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing. *******************************************�******************************,�******* E. Case No. ANN-35-00, a request by Crestline Development, LC and Heartland Development, LLC to annex approximately 149 acres into the City of Caldwell. Approximately 19 acres of the 149 acres is requested to be annexed as a C-2 (Community Commercial) zone, and the remauung 130 acres is requested to be annexed as an R-i (Single-Family Residential) zone. The site abuts the north side of Highway 20/26 and lies between the east side of KCID Road and the west side of Ward Road. Testimony — Linda James presented the staff report. Scott Stanfield, Applicant's Representative testified in favor. Testifying in opposition: Jesse Downs; Susan Puga; Morris Mattox; Cordell Lammey. Concerns were: changing from a rural atxnosphere; crowded schools; irrigation flooding; wet lands; dairy farnung nearby with noise and dust; dog control. In rebuttal, Scott Stanfield stated the water supply is from the City; flooding will decrease with development; the CCC&R's will make homeowners aware of the dairy nearby; and the west side of Ward Lane will be improved to City's standards by the developer. Public Testimony Closed — Chairman Blacker closed public testimony. Comprehensive Plan Analysis - Motion: Commissioner Teraberry. Second: Comxnissioner Archuleta. The request is in compliance with: Property Rights — Goal, Objective B, and Policy 1; School Facilities and Transportation — Goal and Policy 1; Economic Development — Goal and Policy 2; Land Use Goal; Area of City Impact — Objective A and Policy 5; Natural Resources — Objective A; Public Services, Utilities and Faciliries — Goal, Objective B, and Policy 5; Transportation — Goal, Objectives A, E, Policies 2 and 8. 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 facts from testimony: the site is contiguous to the City's boundaries and is within the Area of City Impact; the request follows the requirements of the City and this area has been planned for future growth; a traffic study, which includes this area, has been undertaken by the Applicants' at their expense; future development of the site will be done under the requirements of the City's ordinances and codes; Ward Lane will be improved at the time of development of the site, and the City's water/sewer systems will be extended to serve the site; all improvements will be at the Applicants' expense; mitigation measures would have to be taken if encroachment on wetlands is anticipated; there is an existing Dairy adjacent to the site and this type of operation includes flies and dust; irrigation water currently floods in this area but the Applicants' engineer stated that development of the site would actually begin to alleviate the flooding problem; the Caldwell and Vallivue school districts were notified of the request but did not offer a response. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Archuleta. Second: Commissioner Teraberry. The Commission has the authority to hear this case and recommend 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. P& Z Minutes of July 11, 2000 . . Recommendation to City Council — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. Recommend to Mayor and City Council that Case No. ANN-35-00 is approved. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing. *************************�**************************��*****************�********** F. Case No. SUB-S1P-00 a request by Crestline Development, LC for preliminary subdivision plat approval of South Park Subdivision No. 2, which consists of 483 residential and 9 common-area lots located on approximately 118 acres within an R-1 (Single Family Residential) zone. South Park Subdivision No. 2 includes a replat of a portion of the preliminary plat of South Park Subdivision. The number of new lots that will be created by South Park Subdivision No. 2 is 344, replatted lots are 148, for a total of 493 lots. Testimony — Linda James presented the staff report. Mrs. James stated that she, Gordon Law, and the Applicant's Engineer were all in agreement that the preliminary plat should be redrawn to accommodate Mr. Law's requirements. Mrs. James told members that under Subdivision Ordinance No. 1758, Section 11-02-04, Stage 2, Preliminary Plat, Subsection (5) A, they had the option to "recommend that the plat is approved or denied or to return the plat to the subdivider for modification. The recommendation would be to continue this case to the next hearing date. That would be with the Hearing Examiner on July 27, 2000 at 7:00 p.m. Scott Stanfield, Applicants' engineer, testified that he was in agreement with the plat being returned for modification and that continuing the hearing to July 27 would be appropriate. The plat will be redrawn to show the easement area along the Phyllis Canal in keeping with what Pioneer Irrigation District requires, and the row of lots along the southern boundary of the plat will be eliminated in order to provide the right-of-way for the extension of Moss Lane. William Kelly testified in opposition and stated he had stormwater and irrigation issues related to construction of Vallivue Heights No. 1. Chauman Blacker suggested that Mr. Kelly and Scott Stanfield meet outside the realm of the public hearing in order to work out Mr. Kelly's concerns. He also recommended that if the hearing is continued to July 27 that Mr. Kelly return on that night in order to present testimony relevant to this case. Action - Motion: Commissioner Teraberry. Second: Comxnissioner Archuleta. Commission members voted to continue this case to July 27, 2000, to be held befare the Hearing Examiner. Passed: Unanimous roll call vote. Public Hearing Continued — Chairnian Blacker continued the public hearing unti17:00 p.m. July 27, 2000. **************************************�****************�******�*********�********* VII. Planning Issues — There were no planning issues presented. VIII. Adjournment — Chairman Blacker adjourned the meeting at approximately 9:15 p.m. MINUTES APPROVED AND SIGNED BY CHAIRMAN BLACKER ON THE DATE NOTED BELOW: ATTEST: Chairman Jim Blacker Date Community Development Director P& Z Minutes of July 11, 2000