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HomeMy WebLinkAbout9-27-2000 P&Z MINUTES � ti CALDWELL PUBLIC HEARINGS BEFORE HEARING E�:ANIINER NIIl�TUTES OF SEPTEMBER 27, 2000 I. Call to Order — Hearing Examiner M. Jerome Mapp opened the meeting for the public hearings at 7:00 p.m. and outlined the public hearing procedures. City staff in attendance were: Linda James, Community Development Director, Mark Hilty, City Attorney, and Joan Holmes, Plaiming Technician. II. Hearings A. Mr. Mapp announced that the following case had been withdrawn from the agenda: Case No. SUP-101- 00, a request by BRS Architects for approval of a special use pernut to place a 110-foot tall microwave tower at 3119 Commercial Way. The site is zoned C-1 (Freeway Commercial) and is the site of the Saint Alphonsus Regional Medical Center. �**�*�**********:�*********�*��********��**************�*�**�***�******�****��***�*�*��*�*** B. Case No. SUP-102-00, a request by Western Window for approval of a special use permit to locate a 10 foot wide by 32 foot long manufactured home temporarily on a site for use as an office until permanent office quarters are in place. The site is more commonly known as 104 S. 43r Street and houses Hoff Companies/Western Window and is zoned M-1 (Light Industrial). Testimony — _ Linda James presented the staff report and Exhibit A-4, a copy of the site plan showing the proposed location of the manufactured home. Randy Dodd, Applicant, testified in favor. Public Testimony Closed — Mr. Mapp closed public testimony. Comprehensive Plan Analysis — Mr. Mapp found that the request was applicable to the following Comprehensive Plan components: Property Rights — Goal, Objective B, and Policy 1; School Facilities and Transportation — Goal and Policy i; Land Use — Goal; Natural Resources — Goal and Policy 1; Public Services, Utilities and Facilities — Goal, Objective A and Policy 2. • Findings of Fact — Accept the general facts outlined in the staff report as Findings of Fact and include the following facts: The request meets the Comprehensive Plan as set forth in the staff report; the site plan identified as Exhibit A-4 shows the proposed location of the mobile home; the Applicant has agreed to meet the requirements of the Fire Marshal set forth in his memorandum of September 19, 2000, and has also agreed to meet the requirements of the City Engineer as set forth in a memorandum dated September 13, 2000. Conclusions oLLaw — Mr. Mapp accepted the Conclusions of Law outlined in the staff report. Order of Decision — Mr. Mapp approved Case No. SUP-102-00 with the standard conditions outlined in the staff report and included the condition that the Special Use Permit shall expire November 1, 2001. Public Hearing Closed — Mr. Mapp closed the public hearing and noted anyone wishing to appeal his decision should see the Director of Community Development. * � ***** � ** ****�*******�*�******�***********************�r****�*�*****��*�*****�r�*�*�:�****�** C. Case No. ANN-41-00, a request by Freehold Development, LLC for approval to annex approximately 20 acres into the City as a C-4 (Freeway Commercial) zone, and approximately 60 acres into the City as an R-1 (Single-Family Residential) zone. The portion to be annexed as a C-4 zone abuts the north side of Highway 20/26 and is directly north of the Flying J Truck Stop. The portion to be annexed as an R-1 zone abuts the north side of the C-4 portion and continues northward to the southem boundary of the undeveloped right-of-way of Hillcrest Lane. The subject parcels are currently zoned County Ag; the area along the Highway 20/26 corridor is designated commercial on the City's Comprehensive Land Use Map and the area going northward is designated R-1 residential. The site is legally identified as parcels ' R02630 and R35129, lying in the SE '/4 of Section 23, Township 4 North, Range 3 West, Boise Meridian. Testimony — Linda James presented the staff report and Exhibit A-9, a copy of a land survey showing the approximate boundaries of the area to be zoned C-4 and the approximate boundaries of the R-1 area. Ira Fonshill, Applicant, testified in favor. Testifying in opposition were Clyde Trwpp and Jeanne Muller. Concerns were: using prime farm land for residential development, traffic, and existing utility lines. ' Ira Fonshill testified in rebuttaL Public Testimony Ciosed — Mr. Mapp closed public testimony. Comprehensive Plan Analysis — Mr. Mapp found that the request was applicable to the following Comprehensive Plan components: Property Rights — Goal, Objective B, and Policy 1; School Facilities and Transportation — Goal and Policy 1; Economic Development — Goal; Land Use — Goal, Objectives Applicable to all Land Uses — C; Area of City Impact — Objective A and Policy 5; Public Services, Utilities and Facilities — Goal, Objective B, and Policy 5; Transportarion — Goal, Objective E, and Policies 2 and 8. Findings of Fact — Accept the general facts outlined in the staff report as Findings of Fact and include the following facts: the request is in compliance with the Comprehensive Plan components outlined in the staff report; Exhibit A-9, a copy of a boundary map showing the two zones was submitted; this area has been within the Area of City Impact for a number of years and has been planned by the City to be developed; the entire Valley is facing the issue of using farm land far development, but if it is adjacent to a city it is logical that it would be planned for urban use; the owner of property zoned agricultural does not have to farm it because there are property rights that support the owner's rights to use his land in any manner as long as it is within the guidelines of the City; concerns regarding farm land and farming are valid but these concerns don't fit in this situarion; the City's public water and sewer services are available to this area; Highway 20/26 is available to handle high volumes of traffic and traffic is a continuing issue that has to be dealt with as a city grows; overhead utilities is an issue that would be dealt with at the time of development but not at the time of annexation. Conclusions of Law — Mr. Mapp accepted the Conclusions of Law outlined in the staff report. Recommendation to City Council — Mr. Mapp recommended approval on Case No. ANN-41-00. Public Hearing Closed — Mr. Mapp closed the public hearing. ****************�*******************************************************�*****************�* D. To hear concurrently Case Nos. ZON-10-00 and SUP-103-99, a request by Tamarack Properties, LLC for approval to rezone Lots 23 and 24 of Torrens and Tucker Addition from an R-3-15 Sub Zone to an R-3 (High-Density Residential) zone, and for approval of a special use pernut to develop a planned unit development consisting of 6 four-plex dwelling structures located on approximately 1.1 acres. Included in the request is approval of a development agreement that sets forth specific requirements for construction of the planned unit development. The site is located at the most southern end of N. Michigan Avenue. Testimony — Linda James presented the staff report. Scott Stanfield, Applicant's engineer, and Patrick Byrne, Applicant, testified in favor. Testifying in opposition were: Arturo Calderon, Sherry Turner, Sandy Heinzelman, Dana Vance, and Gary Vance. Concerns were: dust, traffic, property values, crime, density too high, and lack of fencing. Hearing Examiner Minutes of September 27, 2000 , Signed in in opposition but did not speak were: Esequel Martinez, Hermelinda Gonzalez, John and Ruth Williams, and Orville Milburn. Yvonne Carpenter signed in but did not indicate in favor, opposition or neutral. Scott Stanfield testified in rebuttal. Public Testimony Closed — Mr. Mapp closed public testimony. Comprehensive Plan Analysis on ZON-10-00 — Mr. Mapp found that the request was applicable to the following Comprehensive Plan components: Property Rights — Goal, Objective B, and Policy 1; School Facilities and Transportation — Goal and Policy 1; Public Services, Utilities and Facilities — Goal, Objective B, and Policy 5; Transportation — Goal. Findings of Fact on ZON-10-00 — Delete the Economic Development and Land Use Components set forth in the staff report and accept the general facts as outlined in the amended staff report as Findings of Fact and include the following facts: the main issue is whether or not the current R-3-15 zone is suf�cient for this site; the Applicant wants to change the zone to R-3, which would allow a higher density; the Applicant is already permitted to construct 15 dwellings units on this site; the Applicant did not present sufficient evidence to support how the change in zoning, which would allow increased density, would better serve the public. Conclusions of Law on ZON-10-00 — Mr. Mapp accepted the Conclusions of Law outlined in the staff report. Recommendation to City Council on ZON-10-00 — Mr. Mapp recommended denial on Case No. ZON-10-00. On the advice the City's legal counsel, Case No. SUP-103-00 was considered to be a moot point and no action was taken on the Case. Public Hearing Closed — Mr. Mapp closed the public hearing. **�**************************************************************�******************�******* E. To hear concurrently Case Nos. ZON-11-00 and SUB-SSP-00, requests by Crestline Development, LC, Heartland Development, LLC, Aldon Harshman, Carol and Laurence Grassl, and Darrel Reisch as follows: 1) Approval of a rezone of approximately 10.361 acres from R-1 (Single-Family Residential) to G2 (Community Commercial) and approximately 1.559 acres from C-2 to R-L These subject rezones were initially annexed into the City on July 17, 2000. The subject rezone from R-1 to C-2 fronts Highway 20/26 on the south and is an extension of existing C-2 zoning that begins at the southeast corner of the intersection of Highway 20/26 and KCID Road. The rezone from C-2 to R-1 (1.559 acres) abuts the east side of KCID Road and begins approximately 530 feet south of southeast corner of the intersecrion of Highway 20/26 and KCID Road. And, 2) preliminary subdivision plat approval of Delaware Park Subdivision at the Colonies, which consists of 575 residential lots and 7 common-area lots located on approximately 144 acres zoned R-1. A portion of this plat (108 residential lots and 5 common- area lots) received City Council approval on July 17, 2000 and was known as the preliminary plat of Colonial Heights Subdivision. Colonial Heights has been incorporated into the preliminary plat of Delaware Park Subdivision; new lots incorporated into Delaware Park are 467 residential lots and 2 common area lots for a total of 575 residential and 7 common-area lots. The preliminary plat covers an area that abuts the east side of KCID Road, beginning approximately 800 feet south of the southeast corner of the intersection of Highway 20/26 and KCID Road, and extending eastward parallel to Highway 20/26 and ending approximately 573 feet west of Middleton Road. The proposed preliminary plat abuts the south side of the C-2 "corridor" that extends from the southeast corner of Highway 20/26 and KCID Road and extends eastward to within approximately 573 feet of the west side of Middleton Road. Testimony — Linda James presented the staff report and Exhibit PR-1, a letter of opposition dated September 27, 2000 from Elton and Helen Hickman. Mrs. James also presented E�ibit S-10, a memorandum to the file (from her) dated September 27, 2000. The memorandum was a written summary of a telephone conversation she had with Vaughn Heinrich, Vallivue School District. Rita Earl, Applicant's representative, testified in favor. Hearing Examiner Minutes of September 27, 2000 ! a Scott Stanfield, Applicant's engineer, testified in favor. Public Testimony Closed — Mr. Mapp closed public testimony. Comprehensive Plan Analysis on ZON-11-00 — Mr. Mapp found that the request was applicable to the following Comprehensive Plan components: Property Rights — Goal, Objective B, and Policy 1; School Facilities and Transportation — Goal and Policy 1; Economic Development — Goal; Land Use — Goal, Objectives Applicable to all Land Uses — C; Objectives Applicable to Commercial and Industrial Land Use — A. Findings of Fact on ZON-11-00 — Accept the general facts outlined in the staff report as Findings of Fact and include the following facts: the request is in compliance with the Comprehensive Plan components set forth in the staff report; the rezone is more in keeping with the City's desire to have commercial uses adjacent to Highway 20/26 and to encourage residential uses as an outward progression. Conclusions of Law on ZON-11-00 — Mr. Mapp accepted the Conclusions of Law outlined in the staff report. Recommendation to City Council on ZON-11-00 — Mr. Mapp recommended approval on Case No. ZON-11-00. Comprehensive Plan Analysis on SUB-SSP-00 — Mr. Mapp found that the request was applicable to the following Comprehensive Plan components: Property Rights — Goal, Objective B, and Policy 1; School Facilities and Transportation — Goal and Policy 1; Economic Development — Goal; Land Use — Goal, Objectives Applicable to all Land Uses — A and C; Policies for Residential Use — 3; Natural Resources — Objectives A and C, and Policy 1; Public Services, Utilities and Facilities — Goal, Objective B, and Policies 1, 5, 6, and 7; Transportation — Goal, Objectives A and E; Housing — Goal, Objective C and Policy 3; Community Design — Goal, Objectives A and E, and Policy 2. Findings of Fact on SUB-SSP-00 — Accept the general facts outlined in the staff report as Findings of Fact and include the following facts: the request is in compliance with the Comprehensive Plan components set forth in the � staff report; Exhibit PR-1, a letter from Elton and Helen Hickman stating their opposition was submitted; E�ibit 5-10, a written summary of a telephone conversation between Linda James and Vaughn Heinrich was submitted; the Applicants' representatives stated they would wark with the City on the various issues raised by the City Engineer; a school site and adjacent City park are planned in this area; landscape entrances will be included in the plat; the Applicants' representative stated that the developer would wark with the Community Development Director regarding the time frame for build out. Conclusions of Law on SUB-SSP-00 — Mr. Mapp accepted the Conclusions of Law outlined in the staff report. Recommendation to City Council on SUB-SSP-00 — Mr. Mapp recommended approval on Case No. SUB-SSP- 00. Public Hearing Closed — Mr. Mapp closed the public hearing. **************�*****************�*********************************************�************* III. Planning Issues - There were no planning issues brought forward. IV. Adjournment — Mr. Mapp adjourned the meeting at approximately 9:45 p.m. MINUTES APPROVED AND SIGNED BY HEARING EXAMINER M. JEROME MAPP ON THE DATE NOTED BELOW. ATTEST: M. Jerome Mapp Date Community Development Director Hearing Examiner Minutes of September 27, 2000