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Home My WebLink About11-14-2000 P&Z MINUTES . - .�► CALDWELL PLANNING AND ZONING COMMISSION � MINUTES OF NOVEMBER 14, 2000 �� i 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 7ames, Joan Holmes Legal Counsel: Mark Hilty III. Review of Proceedings — Chairman Blacker reviewed the procedures for public hearings. IV. Poll Members for Conflict of Interest - Chairnian Blacker polled members for conflicts of interest: there were none. V. Old Business — Continued Hearing A. Case No. ANN-43-00, a request by Harvey and Brenda Hudgens to annex approximately 5.11 acres into the City as a C-4 (Interchange or Freeway Commercial) zone. The parcel is located at the southeast comer of the intersection of Aviation Way and Crown Street, is within the Area of City Impact, appears to be zoned County Ag, and is designated on the City's Comprehensive Plan Land Use Map as M-1 (Light-Indusirial). As a part of the annexation request, the Comprehensive Plan Land Use Map would be amended to designate this parcel as C-4; the amendment would be included in the next available update of the Comprehensive Land Use Map. The parcel is legally described as a part of Tract 9 and part of Tract 10 of Parks Orchard Tracts in the North Half of the Southwest Quarter of Section 25, Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho.. Motion: Commissioner Teraberry. Second: Commissioner Archuleta. Approve as written. Passed: Unanimous voice vote. Testimony — Linda James presented the staff report. Kelly Nahas, Applicant's Representative, tesrified in favor and offered to answer questions. Mark Hilty, City's legal counsel, stated the following: The question is, if the City is going to purchase the property then why annex it? There are limitarions on how it can be developed and could be a possible taidngs issue. There are usually FAA funds available for this type of acquisition, and the City should decide how quickly they could pursue a purchase. There may not be any reason at this point to annex the property, but the problem is the City operates much slower on decisions of this nature. The Hudgens would like to have this matter considered and have the right to ask the City to make a decision. The Commission should make a decision tonight on the request and communicate to Council that there are some unresolved issues. This hearing was continued from October 10�' and the City did not meet with the Hudgens. This issue needs to be communicated to the City before it goes to Council for a fmal determination. Public Testimony Closed — Chairman Blacker closed public tesrimony. Comprehensive Plan Analysis — Morion: Commissioner Teraberry. Second: Commissioner Archuleta. The request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights — Goal, Objecrive B, and Policy 1; School Facilities and Transportation — Goal, and Policy 1; Land t;se — Goal, Objecrives Applicable to all Land Uses — C; Area of City Impact — Objecrive A, and Policy 5; Public Services, Utiliries and Facilities — Goal, Objective B, and Policy 5; Transportation — Goal, Objective E, and Policies 2 and 8. Passed: Unanimous roll call vote. Findings of Fact — Morion: Commissioner Teraberry. Second: Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact and include the following facts: the request is applicable to the Comprehensive Plan Components outlined in Section 5; the site is intended to be acquired for the Ciry to accommodate Airport expansion; it is conriguous to the City and is within the Area of City Impact. Passed: �.�,�----f . Unanimous roll call vote. Conclnsions of Law — Motion: Commissioner Archuleta. Second: Commissioner Teraberry. The Commission !, has the authority to hear this case and recommend approval or denial; public norice requirements were met; and '� the hearing was conducted within t�e guidelines of Idaho Code and City ordinances. Passed: Unanimous r.oll call vote. Recommendation to City Council — Morion: Commissioner Blacker. Second: Commissioner Teraberry. Recommend approval on Case No. ANN-43-00 and strongly suggest to Council that the Mayor meet with the Hudgens on the matter of the property purchase. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing. �*�*********************************��*�*:�***x***�****�**********�**************** VI. New Business — Hearings A. Case No. SUP-107-00, a request by ACDS, Inc., for approval of a special use permit for a contractors storage yard in order to store concrete cuttin; equipment on site and to use a porrion of the existing building as an office/display area. The site is zoned C-3 (Service Commercial) and is located at the northeast comer of Ithica Street and N. 5`� Avenue, more commonly known as 101 � N. 5`� Avenue. Testimony — Linda James presented the staff report. Les Robinson, Applicant, testified in favor. Bob Culley testified as neutral. Pubiic Testimony Closed — Chairman Blacker closed public testimony. Comprehensive Plan Analysis — Morion: Commissioner Archuleta. Second: Commissioner Teraberry. The request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights — Goal, Objecrive B, and Policy 1; School Facilines and Transportation — Goal, and Policy 1; Land Use — Goal; Public Services, Urilities and Facilities — Goal, Objective A, and Policies 2 and 7; Community Design — Goal, Objective A, and Policy 6. Passed: Unanimous roll call vote. Findings of Fact — Motion: Corrnmissioner Archuleta. Second: Corrunissioner Teraberry. Accept the general facts outlined in the staff report as Findings of Fact and include the following facts: the Applicant stated that he would not be doing any cutting or sawing at the site; there should be no noise issue as the only noise will be from starting vehicles; there will be some maintenance of the Applicant's vehicles done on site. 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 norice requirements were met; and the hearing was conducted within the guidelines ofidaho Code and Ciry ordinances. Passed: Unanimous roll call vote. Order of Decision — Morion: Co�unissioner Terabem�. Second: Comrnissioner Archuleta. The Commission approved Case No. SUP-107-00 with the standard conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing and noted anyone wishi.ng to appeal his decision should see the Director of Community Development. ***********************r�****:***�**�r,�********x***vr***:r***********************:rr�*** B. Case No. SUP-108-00, a request by LbiquiTel Leasing Company to expand an exisrin� telecommunicarion site by co-locating antennas on the existing tower and by expanding the fenced ground area by adding addirional equipment. The site is zoned C-2 (Community Commercial) and is P& Z Minutes of November 14, 2000 . . . located at the northwest comer of the intersecrion of N. 9�' and Albany, more commonly laiown as 824 Albany Street. Testimony — Linda James presented the staff report. Tracy Cline, Applicant's Representarive, testified in favor. Public Testimony Closed — Chairman Blacker closed public testimony. Comprehensive Plan Analysis — Motion: Cominissioner Teraberry. Second: Commissioner Archuleta. The request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights — Goal, Objecrive B, and Policy 1; School Faciliries and Transportation — Goal, and Policy 1; Land Use — Goal; Public Services, Uriliries and Faciliries — Goal, Objecrive A, and Policy 2; Transportation — Objectives A and 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: the tower is currently 120 feet in height; the co-located antennas will be placed at the 106-foot level of the tower; a storage building will be removed from the site; the Applicant's representarive tesrified that the Applicant will comply with the City's Stormwater Management Policy. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. The Comrnission 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 — Morion: Commissioner Blacker. Second: Commissioner Teraberry. The Commission approved Case No. SUP-108-00 with the standard conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairnian Blacker closed the public hearing and noted anyone wishing to appeal his decision should see the Director of Community Development. *****��**�******:��*:�************�*****************************************�******* C. Case No. SUP-109-00, a request by Frances H. Walker to convert an existing dweiling into a professional office. The site is located in an R-2 (Medium-Density Residential) zone and is commonly known as 614 Fillmore Avenue. Testimony — Linda James presented the staff report. Daniele Nicholes, Appiicant's Representarive, tesrified in favor. Pubiic Testimony Closed — Chairman Blacker closed public tesrimony. Comprehensive Plan Analysis — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. The request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights — Goal, Objective B, and Policy 1; School Faciliries and Transportation — Goal, and Policy 1; Land Use — Goal, Residenriai — Policy; Natural Resources — Goal and Policy 1; Transportarion — Goal and Objective A; Community Design — Goal, Objective A, and Policy 6. Passed: Unanimous roll call vote. Findings of Fact — Morion: Commissioner Archuleta. Second: Cominissioner Teraberry. Accept the general facts outlined in the staff report as Findings of Fact and include the fact that the ApplicanYs representative stated that three off-street parking spaces will be located at the rear of the lot. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. The Commission P& Z Minutes of November 14, 2000 � , 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 Corrunission approved Case No. SUP-109-00 with the standard condirions outlined in the staff report. Passed: Unanirnous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing and noted anyone wishing to appeal his decision should see the Director of Community Development. **********�****************�***�**********�**********�************��*�*:�***�***��* D. Case No. SUP-110-00, a request by Sandra Eg;ebraaten to add a ninth bed to an existing residentiai assisted living facility. The site is located in an R-2 (Medium-Density Residenrial) zone and is commonly laiown as 1510 Blaine Street. Testimonv — Linda James presented the staff report. Sandra Eggebraaten, Applicant, stood for quesrions. Public Testimony Closed — Chaim�an Blacker closed public tesrimony. Comprehensive Plan Analysis — Motion: Commissioner Teraberry. Second: Commissioner Archuleta. The request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights — Goal, Objecrive B, and Policy i; School Facilities and Transportation — Goal, and Policy 1; Land lise — Goal, Objecrives Applicable to all Land Uses — A; Residential - Policy 1; Public Services, Utilities and Facilities — Goal, Objecrive A, and Policies 1, 2, and 5; Transportarion — Goal and Objective A; Housing - Goal and Objecrive C; Community Design — Goal, Objectives A and E. Passed: Unanimous roll call vote. � Findings of Fact — Morion: Commissioner Teraberry. Second: Coxnmissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law — Morion: Commissioner Teraberry. Second: Commissioner Archuleta. The Commission has the authority to hear this case and approve or deny; public norice 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 Archuleta. Second: Commissioner Teraberry. The Commission approved Case No. SUP-110-00 with the standard condirions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing and noted anyone wishing to appeal his decision should see the Director of Community Development. ******************�*****�****�***�*****�:�*************:��*****************:�***�**** VII. Planning Issues — There were no planning issues presented. VIII. Adjournment — Chairman Blacker adjourned the meering at approximately 8:10 p.m. MINUTES APPROVED AND SIGNED BY CHAIRMAN BLACKER ON THE DATE NOTED BELOW: 1 �` � ;n ^ ( �- ( Z " `�� ATTEST: Cha�rman Jun Blacker Date Community Developm eii�Director � � P& Z Minutes of November 14, 2000