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Home My WebLink About4-23-2001 P&Z MINUTES � ' � `� e� t �,��DH�l�LL 3�LA�VNING A�D ZflMING COiV1N1lSSiOR! MIiVI��S DF }1PRlL 23, 2fl0'i !. Call io �rder — Cnairman 8lacker called the meeting to order at 7:00 p.m. il. Rall Call � Members Pr�sent: Chairman Jim Blacicer, Janie Archuleta, Jack Teraberry, Sylvia Robison, Tracy Coller Staff Present: Jerome Mapp, Joan Hoimes Legal Caunsel: Mark Hilty iIL Review of Proceedings — Chairman Blacker reviewed' the procedures for public hearings. IV. Poll Members for Conflict of Interest - Chairman Blacker polled members for conflicts of interest: Commissioner Teraberry stated that he was abstaining from Case B(Auto Zone) of New Business on the agenda V. Old Business — Approve Minutes of March 12, 2001. Motion: Commissioner Archuleta. Second: Commissioner Teraberry. Approve as written. Passed: Unanimous voice vote. Vl. ; New Business — Hearings A. To hear concurrently, Case Nos. ANN-49-01 and SUB-60P-01, a request by Chariotte Kinney Trust to annex approximately 33.3 acres into the City as an R-1 (Single Family Residential) zone ar�d preliminary plat approval of Femcroft Subdivision, which consists of one hundred and thirty-three (133) fots and four (4) common area lots. Testimony — _ Jerome Mapp presented the staff report. Randy Robertson, Applicant, testified in favor. Sill Mason, Applicant's Representative, testified in favor. I.L. Picicrell, neighbor, testified in favor. Ttiose testifying in opposition were: Dennis Fullerton, Merry Fullerton, James Buxton, Ina Mae Buxton. Public Testimony Ctosed — Chairman Blacker closed public testimony. Comprehensive Plan Analysis on Case No. ANN-49-01 — Motion: Commissioner Robison. Second: Commissioner Teraberry. The request vuas applicable to the following Comprehensive Plan components set forth in the staff report: 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; Objectives Applicable to Area of City Impact Uses — Objective A; Natural Resources - Objectives A and C; Public Services, Utilities and Facitities — Goal and Objective B; Transportation — Goal and Objective A. Passed: Unanimous roll call vote. Findings of Fact on Case No. ANN-49-01— Motion: Commissioner Robison. Second: Commissioner Teraberry. Accept the general facts outlined in the staff report as Findings of Fact and include the following: 1} Testimony from the Applicant, Representative, and those in opposition; 2) the staff memos of the City Engineer, Fire Marshall, and Pioneer Irrigation District. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Robison. Second: Commissioner Teraberry. The Commission has the authority to hear this case and recommend approval or denial; public notice + • • , � � ,; t requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. R�commendation to City Cauncil on Case No. ANN-49-01 — Motion_ Commissioner Coller. Second: Commissioner Robison. The Commission recommended approval on Case No. ANN-49-01. Passed: Unanimous roll call vote. Comprehensive Pian Analysis on Case No. SUB-60P-01— Motion: Commissioner Robison. Second: Commissioner Teraberry. 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 Facilities and Transportation — Goal, and Policy 1; Economic Development — Goal; Land Use — Goal, Objectives Applicable to all Land Uses — A and C; Natural Resources - Objective A; Public Services, Utilities and Facilities — Goal, Objective B, and Policies 1, 6, and 7; Transportation — Goal and Objective A; Housing — Goal, Objective C and Policy 3; Community Design — Goal, Objectives A and E, Policies 1 and 2. Passed: Unanimous roll call vote. Findings of Fact on Case No. SUB-60P-01— Motion: Commissioner Archuleta. Second: Commissioner Teraberry. Accept the general facts outlined in the staff report as Findings of Fact and , include the following: 1) Testimony from the Applicant, Representative, and those in opposition; 2) the staff inemos of the City Engineer, Fire Marshall, and Pioneer Irrigation District. Passed: Unanimous roll call vote. - Conclusions of Law — Motion: Commissioner Robison. Second: Commissioner Archuleta. 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. RBCOmmendation to City Council on Case No. SUB-60P-01 — Motion: Commissioner Archuleta. Second: Commissioner Robison. The Commission recommended approval on Case No. SUB-60P-01 with the additional conditions 12.9 through 12.13 outlined in the staff report. Passed: Unanimous roll call vote Public Hearing Closed — Chairman Blacker closed the public hearing. �� ,��:�*�,�:�,�� B. Case No. SUP-118-01, a request by Auto Zone for a special use permit to construct 7,340 sq. ft. retail building and an off site parking lot facility on Lots 20-24, Block 32, Caldwell Original Townsite. The property is located on the southeast comer of North 10 Avenue and Chicago Street in a G2 (Community Commercial) zone. Testimony — Jerome Mapp presented the staff report. � The Applicant's Representatives, Rex Harding, David Cox, and Orville Collins, testified in favor. Gene Hemingway testified in opposition. Virginia Manwill testified as neutral. Rex Harding testified in rebuttaL Public Testimony Closed — Chairman Blacker closed public testimony. Comprehensive Plan Analysis — Motion: Commissioner Archuleta. Second: Commissioner Robison. The request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights — Goal, Objective B, and Policy 1; Land Use — Goal; Public Services, Utilities and Facilities — Goal, Objective A, and Policy 2. Passed: Unanimous roll call vote. P& Z Minutes of April 23, 2001 � , . , . �, Findings of Fact — Motion: Commissioner Archuleta. Second: Commissioner Coller. Accept the generai facts outlined in the staff report as Findings of Fact and include the following facts: 1) testimony from the Applicant's Representatives, and those in opposition; 2) the stafif inemo of the City Engineer, Gordon Law. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Robison. Second: Commissioner Archuleta. The Commission has the authority to hear this case and approve or deny; pubiic 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 Archuleta. Second: Commissioner Robison. The Commission approved Case No. SUP-118-01 with the standard conditions outlined in the staff report with the addition of condition 8.8 as 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 the Commission's decision should see the Director of Community Development. ��,�*,��**��**�*�***�,�**��,��***,�,�*�*��,��,��* C. Case No. SUP-119-01, a request by Cricket Communication to expand an existing telecommunication site by co-locating antennas on the existing tower and by expanding the ° fenced ground area by adding an an 11' x 20' equipment compound. The site is zoned G2 (Community Commercial) and is located at the northwest corner of the iritersection of N. gtn Avenue and Albany Street, more commonly known as 824 Albany Street. Testimony — i Jerome Mapp presented the staff report. , Rebecca Bauer and Kirk Johnson, Applicant's Representatives, testified in favor. Virginia Manwill testified as r�eutral. Public Testimony Closed — Chairman Blacker closed public testimony. Comprehensive Plan Analysis — Motion: Commissioner Archuleta. Second: Commissioner Teraberry. 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 Facilities and Transpo�tation — Goal, and Policy 1; Land Use — Goal; Public Services, Utilities and Facilities — Goal, Objective A, and Policy 2; Transportation — Objectives A and E. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Robison. Second: Commissioner Teraberry. Accept the general facts outlined in the staff report as Findings of Fact and include the following facts: 1) testimony from the ApplicanYs Representatives, and those as neutral; 2) Exhibit PZ-1000; 3) the staff memo of the City Engineer. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Robison. Second: Commissioner Coller. 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 Robison. Second: Commissioner Teraberry. The Commission approved Case No. SUP-119-01 with the standard conditions outlined in the staff report with the addition of conditions 8.8 through 8.10 as outlined in the Order of Decision. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing and noted anyone wishing to appeal the Commission's decision should see the Director of Community Development. P& Z Minutes of April 23, 2001 , . { • e . . n :�x�x* . . D. Case No. SUP-C-3(A)-92, a request by Gary Lasher to modify a Planned Unit Development to convert a portion of Planned Recreational Facility Area to allow one additional, 5,055 sq. ft. residential lot in Florida Estates Subdivision. This property is located in a R-2 (Combined Medium Density Residential) zone. Testimony - Jerome Mapp presented the staff report. Rita Earl, ApplicanYs Representative, testified in favor. Public Testimony Closed - Chairman Blacker closed public testimony. Comprehensive Plan Analysis - Motiom Commissioner Blacker. Second: Commissioner Teraberry. 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 Facilities and Transportation - Goal, , and Policy 1; Land Use - Goal, Objectives applicable to residential land use - Objective C and Policy 1; Housing - Goal and Policy 2; Community Design - Goal, Objectives A and E. Passed: Unanimous roll call vote. Findings of Fact - Motion: Commissioner Robison. Second: Commissioner Teraberry. Accept the general facts outlined in the staff report as Findings of Fact and include the memos of the City Engineer _ and Fire Marshall (PA-1, PA-2, and PA-3). Passed: Unanimous roll call vote. Conclusions of Law - Motion: Commissioner Robison. Second: Commissioner Teraberry. The Corrimission has the authoriry 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 Gity ordinances. Passed: Unanimous roll call vote. Decision on preliminary plat and Recommendation to City Council on final plat - Motion: Commissioner Teraberry. Second: Commissioner Robison. Commission members approved the preliminary plat of Florida Estates #2 and recommended approval of the final plat with the standard - conditions outlined in the staff report, deletion of conditions 8.4 and 8.5, and the addition of condition 8.6 as outlined. Passed: Unanimous roll call vote. Public Hearing Closed - Chairman Blacker closed the public hearing. �*��* � �� ,��,��,��,�� VIL Pfanning Issues VIII. Adjournment - Chairman Blacker adjoumed the meeting at approximately 10:15 p.m. MINUTES APPROVED AND SIGNED BY CHAIRPERSON ARCHULETA AT A REGULARLY SCHEDULED I MEETING HELD FEBRUARY 28, 2002: L I ` ATT T: I Actin Chairperson '� � ^-��•�'-`- � syi v;4 - Rcb;s� I � E , unity Development Director ', � I , P& Z Minutes of P,pril 23, 2001