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Home My WebLink About10-24-2001 P&Z MINUTES \� , � � . M CALDWELL PUBLIC HEARING BEFORE HEARING EXAMINER MINUTES October 24, 2001 I. Call to Order — Hearing Examiner, M. Jerome Mapp, opened the meeting for the public hearing at 7:10 p.m. and outlined the public hearing procedures. City staff members in attendance were: Steve Hasson, Community Development Director; Joan Holmes, Planner I; Debbie Geyer, Planning Technician; and Ben Weymouth, Assistant City Engineer IL Hea�ings A. Case No. ANN-59-01 a request by Earl Tuckness for approval to annex approximately 40.28 acres into the City as an R-1(Single Family Residential) zone. The site abuts the east side of indiana Avenue approximately %z mile south of Homedale Road and approximately'/< mile north of Highway 55. The site is within the Area of City Impact and is currently zoned County Ag. As a part of the annexation request, the Comprehensive Plan Land Use Map would be amended to designate this parcel as R-1; the amendment would be included in the next available update of the Comprehensive Land Use Map. The parcel is legally described as a portion of the NW '/4 SW '/< Section 11, Township 3 North, Range 3 West, Boise Meridian, Caldwell, Canyon County Idaho. _ _ � Testimony - Joan Holmes, Planner I, presented the staff report and provided an overview of this request. Mr. Mapp, Hearing Examiner, noted that this is a three-prong request: 1) Comprehensive Plan Map amendment, 2) annexation request, 3) request to zone the property as R-1. It was noted by Mr. Mapp that if the City Council approved the recommendation for zoning this parcel as R-1, the Comprehensive Plan Map should be updated accordingly. Rita Earl, Applicant's Representative, testified in favor and noted the following: !) there currently is a residence on the property and would be relocated; 2) the Applicant will deed the right-of-way along the western boundary (Indiana Ave.) and the northern boundary (future Moss Lane) of the proposed sight. Public Testimony Closed — Mr. Mapp closed public testimony. Comprehensive Plan Analysis: Mr. Mapp found that the request was app�icable to the following Comprehensive Plan components: Property Rights — Goal, Objective B, Poficy 1; School Facilities and Transportation — Goal and Policy 1; Land Use — Goal; Objectives Applicable to all Land Uses — Objective C; Areas of City Impact — Objectives A and B, Policy 5; Public Services, Utilities and Facilities — Goal, Objective B and Policy 5. Comprehensive Plan Map Amendment — Mr. Mapp requested that the Comprehensive Land Use Map be amended to reflect this rezone change if action is approved by Council. This parcel should be included in the next available update of the Comprehensive Plan Map. Findings of Fact — Mr. Mapp accepted the general facts outlined in the staff report as well as the facts brought forward during the public testimony. Conclusions of Law — Mr. Mapp accepted the Conclusions of Law as outlined in the staff report. Recommendation to City Council - Mr. Mapp recommended approval of Case No. ANN-59-01. � �� , ,. , � Public Hearing Closed - Mr. Mapp closed the hearing. ��**********�,�,t*****«*******��**,��** B. Case No. ANN-60-01 a request by Vallivue School District for -approval to annex �, approximately 20 acres into the City as an R-1(Single Family Residential) zone. The site abuts I the west side of Florida Avenue approximately %z mile south of Homedale Road and ' approximately 2000 feet north of Highway 55. The site is within the Area of City Impact and is currently zoned County Ag. As a part of the annexation request, the Comprehensive Plan Land Use Map would be amended to designate this parcel as R-1; the amendment would be included in the next available update of the Comprehensive Land Use Map. The parcel is legally described as a tract of land situated in the NE'/< of the SW '/4 of Section 11, T3N, R3W, Boise Meridian, Canyon County Idaha Testimony Joan Holmes, Planner I, presented the staff report and provided an overview of this request. It was noted that schools are allowed within all City zones through a special use permit. Central Canyon Elementary has two conditional use permits from 1992 through the Canyon County.. The Gity of Caldwell will accept these approved conditional use permits in lieu of a similar special use permit through the City. Rita Earl, ApplicanYs Representative, spoke in favor of the request and stated that the Vallivue School Board approved this application. 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; Land Use — Goal; Objectives Appiicable to all " Land Uses — Objective C; Area of City Impact — Objective A and Policy 5; Public Services, Utilities and Facilities — Goal, Objective B and Policy 5. Findings of Fact: Mr. Mapp accepted the generai facts outlined in the staff report as well as that the County's conditional use permits will be accepted by the City. Conclusions of Law: Mr. Mapp accepted the Conclusions of Law outlined in the staff report. Recommendation to City Council: Mr. Mapp recommended approval of Case No. ANN-60-01. Closed Public Hearing ........................................................................� C. Case No. ZON-16-01, a request by Willis Hubler, to rezone two land parcels from a R-1 zone (Single Family Residential) to C-1 (Neighborhood Commercial) and R-2 (Medium Density Residential) zones. The parcels are located at the southeast corner of the intersection of Kimball Avenue and Linden Street. As a part of the annexation request, the Comprehensive Plan Land Use Map would be amended to designate this parcel as R-2 and C-1 respectively; the amendment would be included in the next available update of the Comprehensive Land Use Map. The lots are legally described as a portion of the NE1/4 NE 1/4 of Section 33, Township 4 North, and Range 3 West, of the Boise Meridian. - Testimony Steve Hasson, Community Development Director, presented the staff report and provided an overview of this request. Planning & Zoning Minutes - Hearing Examiner October 24, 2001 In response to a question from the Hearing Examiner, Mr. Hasson addressed the various uses permitted in the C-1 zone. i Mark Butler, ApplicanYs Representative, testified in favor of the request and presented Exhibit PZ-1000. Dr. Hubler, Applicant, testified in favor of the request. The following testified as neutral parties: Mark Tripp and Jim Oates Carl Sandstrom, testified in opposition to the proposal. Public Testimony Closed — Mr. Mapp closed the testimony. Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the following Comprehensive Plan components: Property Rights — Goal, Objectives A and B, Policy 1; Economic Development — Goal, Objective D and Policy 2; Land Use — Goal; Objectives Appficable to all Land Uses — Objectives A and E; Objectives Applicable to Residential Land Use — Objectives A and D; Objectives Applicable to Commercial and Industrial Land Use — Objective A; Policies for Residential use = Policy 7; and Community Design — GoaL Findings of Fact: Mr. Mapp accepted the general facts outlined in the staff report as well as the - facts brought forward during public testimony as the Findings of Fact. The Development Agreement will be modified to include the additional requirements agreed upon by the Applicant. Conclusions of Law: Mr. Mapp accepted the Conclusions of Law outlined in the staff report. Recommendation to City Council: Mr. Mapp recommended approval of Case No. ZON-16-01 with the conditions outlined in the staff report , the development agreement, and the additional conditions 1-10 as follows: 1) The uses to be permitted on the property hereby zoned C-1 shall only be those uses that area shown as permitted uses within the C-1 zoning designation of the Caldwell City Code. Uses requiring a special use permit for the C-1 zoning designation of the Caldwell City Code shall be prohibited for the property hereby zoned C-1; 2) In addition to the uses disallowed in condition 1 above, the land uses associated with rooming and boarding houses and theaters are prohibited on the parcel zoned C-1; 3) In the event a retail or food use is placed on the parcel zoned C-1, the maximum leaseable area associated with these land uses shall be 2500 square feet; 4) The hours of operation associated with uses approved in the C-1 zone is 7 A.M. to 8 P.M. Monday through Saturday; 5) Both parcels of land are subject to the installation of a 10 foot landscaping buffer in proximity to all adjoining residential land uses, unless the noted residential property owners submit a request in writing to the Community Development Department for a lesser landscaping requirement; 6) The uses on either parcel shall be limited to a single story; 7) Curb, gutter and sidewalk shall be installed on both land parcels in accordance with the City Engineer's requirements; 8) A residential architectural style must be incorporated into the buildings constructed on either land parcel. The design is subject to the Community Development Director or assign's review and approval; 9) The construction of flat roofs is prohibited on either land parcel. For interpretation purpose a flat roof is any roof with less than a 3 in 12 pitch; 10) All outdoor lighting placed on either land use parcel must light shield the adjoining residential parcels as well as those located across the street. Planning & Zoning Minutes — Hearing Examiner October 24, 2001 � � : ; . . Development Agreement: The Development Agreement will be recorded with the rezone ordinance. Public Hearing Closed — Mr. Mapp closed the hearing . ........................................................................� D. Case No. ZON-17-01, a request by Hawkins Companies, to rezone Lots 12-20 Block 26, Dorman's Addition from an R-3 zone (Multi-Family High Density Residential) to a C-2 (Community Commercial) zone. The parcels are located at the northwest corner of 11 Avenue and Dearborn Street. The lots are more commonly known as 1009, 1017, 1019, � and 1021 Dearborn Street and 416 S 11 Avenue. As a part of the rezone request, the Comprehensive Plan Land Use Map would be amended to designate these parcels as C- 2; the amendment would be included in the next available update of the Comprehensive Land Use Map. Testimony — Steve Hasson, Community Development Director, presented the staff report. Brian Huffaker, ApplicanYs Representative, testified in favor of the request. Mr. Mapp inquired as to the various uses permitted in the C-2 zone. It was determined that these issues be addressed in the development agreement. Deloy Desaro, testified in favor and stated he was the present owner of Phillip's 66. In response to questions from the Hearing Examiner, Mr. Desaro addressed the issue of site clean-up with DEQ which the previous owner, Mr. Nichols, is working on. -. Mr. Rick Eells, signed up in favor, however, did not wish to speak. Brian Huffaker testified in rebuttal and noted that ITD and the Applicant had agreed upon reducing the exits on Cleveland Blvd. to one. Public Testimony Closed — Mr. Mapp closed the testimony. Con�prehensive Plan Analysis: Property Rights — Goal, Objective B, and Policy 1; School Facilities and Transportation — Goal and Policy 1; Land Use — Goal; Objectives Applicable To All Land Uses - Objective C; Policies For Commercial/Industrial Use - Policy 3; Natural Resources — Policy 1; Public Services, Utilities and Facilities — Goal, Objective B, Policies. 2 and 7; Transportation — Goal, Objective A; Community Design — Goal and Objectives A and E. Findings of Fact: The Hearing Examiner accepted the general facts outlined in the staff report as weli as the facts brought forward during public testimony. Conclusions of Law: Mr. Mapp accepted the Conclusions of Law as outlined in the staff report. Recommendation to City Council: Mr. Mapp recommended the approval of Case No. ZON-17-01 contingent on the Applicant and the Community Development Director devising a mutually agreed upon development agresment that can be offered to the Council for their consideration. The development agreement would set forth special requirements for development of the parcel under C-2 zoning. Public Hearing Closed — Mr. Mapp closed the hearing. Planning & Zoning Minutes - Hearing Examiner October 24, 2001 . � , Council for their consideration. The development agreement would set forth special requirements for development of the parcel under G2 zoning. Public Hearing Closed — Mr. Mapp closed the hearing. III. Planning Issues Upcoming P& Z Meeting Dates: November 13 — Planning and Zoning Commission November 28 — Planning & Zoning Hearing Examiner December 10 - Planning & Zoning Hearing Examiner N. Adjoumment — Mr. Mapp adjoumed the meeting at approximately 9:15 p.m. MINUTES APPROVED AND SIGNED BY HEARING EXAMINER M. JEROME MAPP O THE DATE � NOTED ELOW. _ � � ATTEST� � . Jerome Mapp �� t Comr�'iu ty evelopment Director Date , ` Planning & Zoning Minutes — Hearing Examiner October 24, 2001