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Home My WebLink About12-10-2003 P&Z MINUTES - . � R CALDWELL PLANNING & ZONING COMMISSION MINUTES • December 10, 2003 I. Call to Order — Chairman Archuleta called the meeting for the public hearing at 7:05 p. m. II. Roll Call — Members Present: Janie Archuleta, Jack Teraberry, Joyce Griffith, Paul � Alldredge, Michael Jakobson, and Sylvia Robison. Members Absent: Staff Present: Steve Hasson, Community Development Director, Jacqueline Hernandez and Ben Weymouth (Engineering Staff). III. Review of Proceeding — Chairman Archuleta reviewed the procedures for public hearing. IV. Old business — MOTION/Approve minutes of November 26, 2003. Passed: Unanimous roll call vote. V. New Business - Hearings � A. Case No. SUP-203-03, a request by Richard and Margo Mack for special use permit approval to allow a two-family dwelling to become conforming in an R- 1(Single Family Residential) zone. The site is located on the soutF� side of Monte Vista Drive approximately 380 feet east of North Illinois Avenue. Steve Hasson, Community Development Director, presented the staff report. Ladwina Lancaster, ApplicanYs Representative, testified in favor. Margo Mack, Applicant, signed in favor but chose not to speak. Testimony closed. NOTE: See Order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Comprehensive Plan Analysis - MOTION: Commissioner Alldredge SECOND: Commissioner Jakobson. The request was applicable to the following Comprehensive Plan Components as outlined in the staff report; Property Rights — Goal, Objectives A, B and Policy 1; School Facilities and Transportation — Goal and Policy 1; Economic Development — Goal, Objectives D; Land Use — Goal, Objectives Applicable to All Land Uses — Objective A; Public Services, Utilities and Facilities — Goal, Objectives A, • Policies 1 and 2. , • Findings of Fact on Case No. SUP-203-03 - MOTION: Commissioner Griffith SECOND: Commissioner Alldredge. Accept the general facts outlined in the staff report. Passed: Unanimous roll call vote. Conclusions of Law on Case No. SUP-203-03 - MOTION: Commissioner Jakobson SECOND: Commissioner Alldredge. The Planning & Zoning Commission has the authority to hear this request and to recommend to the Mayor and City Council that it is approved or denied. The hearing was legally noticed and posted, and was held under the requirements of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision on Case No. SUP-203-03 - MOTION: Commissioner Griffith SECOND: Commissioner Jakobson. The Commission approved Case No. S with the conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Archuleta closed the public hearing. ...............................................................� B. To hear concurrently Case Nos. ANN-85-03 and SUB-96P-03, a request by JJ Howard Engineers to annex approximately 42.09 acres as R-1 (Single Family Residential) zone, and for preliminary plat approval of Quail Ridge � subdivision which consists of 104 single-family residential lots and 12 common lots. The site abuts Montana Avenue on the east side, lies generally south of the future Moss Lane and is located approximately 1,800 feet north of Karcher Road. Steve Hasson, Community Development Director, presented the staff report. Jim Howard, ApplicanYs Representative, testified in favor. John Frerichs, signed in favor but chose not to speak. Tom Koltes, signed in favor but chose not to speak. Brian Anderson, signed in favor but chose not to speak. Jerry Anderson, signed in favor but chose not to speak. Don Perkins, signed in favor but chose not to speak. Mr. Hasson presented Exhibit PZ-100 (Letter of opposition from William Hartman). Testimony closed. NOTE: See Order of Decision for complete testimony or contact Community • Development Department for audio tapes of the hearing. Planning & Zoning Commission Minutes — December 10, 2003 s • Comprehensive Plan Analysis - MOTION: Commissioner Alldredge SECOND: Commissioner Teraberry. The request was applicable to the following Comprehensive Plan Components as outlined in the staff report; Property Rights — Goal, Objectives A, B and Policy 1; School Facilities and Transportation — Goal and Policy 1; Economic Development — Goal and Objective A; Land Use — Goal; Objective Applicable to All Land Uses - Objective A; Natural Resources — Policy 1; Public Services, Utilities and Facilities - Goal and Objectives A, B, C, D, Policies 2, 6 and 7; Transportation — Goal, Objectives A, B, and C; Community Design — Goal, Objectives A, E, Policies 1, 2, 6, 9 and 10. Findings of Fact on Case No. ANN-85-03 - MOTION: Commissioner Jakobson SECOND: Commissioner Griffith. Accept the general facts outlined in the staff report, public testimony and Exhibit PZ-1000 (Letter of opposition from William Hartman). Passed: Unanimous roll call vote. Conclusions of Law on Case No. ANN-85-03 - MOTION: Commissioner Jakobson SECOND: Commissioner Griffith. The Planning & Zoning Commission has the authority to hear this request and to recommend to the Mayor and City Council that it is approved or denied. The hearing was legally noticed and was held under the requirements of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation on Case No. ANN-85-03 (TO INCLUDE DEVELOPMENT AGREEMENT) - MOTION: Commissioner Jakobson SECOND: • Commissioner Griffith. The Commission recommended approval of Case No. ANN-85-03 with the standard conditions outlined in the staff report. This land application proposal is subject to a development agreement that must be signed by the applicant prior to being scheduled for public hearing before the Mayor and City Council that it is approved or denied. The hearing was legally noticed and was held under the requirements of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Findings of Fact on Case No. SUB-96P-03 - MOTION: Commissioner Griffith SECOND: Commissioner Alldredge. Accept the general facts outlined in the staff report, public testimony and Exhibit PZ-1000 (Letter of opposition from William Hartman). Passed: Unanimous roll call vote. Conclusions of Law on Case No. SUB-96P-03 - MOTION: Commissioner Jakobson SECOND: Commissioner Alldredge. The Planning & Zoning Commission has the authority to hear this request and to recommend to the Mayor and City Council that it is approved or denied. The hearing was legally noticed and was held under the requirements of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation on Case No. SUB-96P-03 - MOTION: Commissioner Jakobson SECOND: Commissioner Griffith. The Commission approved Case No. SUB-96P-03 with the conditions outlined in the staff report. Passed: Unanimous roll call vote. � Planning & Zoning Commission Minutes — December 10, 2003 t Public Hearing Closed — Chairman Archuleta closed the public hearing. • ...............................................................� C. To hear concurrently Case Nos. ANN-84-03 and SUB-95P-03, a request by Landmark Engineers to annex approximately 39.19 acres of land as R-1 (Single Family Residential) zone, and for preliminary plat approval of Four � Seasons subdivision which consists of 159 single-family residential lots averaging 6,749 square feet in size and 15 common lots. The site is located on the west side of Florida Avenue approximately 1,500 feet south of Ustick Road. Steve Hasson, Community Development Director, presented the staff report. Clint Boyle, Applicant, testified in favor. John Carpenter, signed in favor but chose not to speak. Testimony closed. NOTE: See Order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Comprehensive Plan Analysis - MOTION: Commissioner Griffith SECOND: • Commissioner Jakobson. The request was applicable to the following Comprehensive Plan Components as outlined in the staff report; Property Rights — Goal, Objectives A, B and Policy 1; School Facilities and Transportation — Goal and Policy 1; Economic Development — Goal and Objective A; Land Use — Goal; Objectives Applicable to All Land Uses — A; Natural Resources — Policy 1; Public Services, Utilities and Facilities — Goal, Objectives A, B, C, D Policies 2, 6 and 7; Transportation — Goal, Objectives A, B and C; Community Design — Goal, Objectives A, E, Policies 1, 2, 6, 9, and 10. Findings of Fact on Case No. ANN-84-03 - MOTION: Commissioner Griffith SECOND: Commissioner Alldredge. Accept the general facts outlined in the staff report, public testimony and facts concerning pathway connectivity, minimum 7,500 ft. corner lot requirement/plat reconfiguration, landscape buffer areas within the irrigation utility easements, traffic study, and final plat signatures after approval of the irrigation provider. Passed: Unanimous roll call vote. Conclusions of Law on Case No. ANN-84-03 - MOTION: Commissioner Robison SECOND: Commissioner Jakobson. The Planning & Zoning Commission has the authority to hear this request and to recommend to the Mayor and City Council that it is approved or denied. The hearing was legally noticed and was held under the requirements of Idaho Code and City ordinances. Passed: Unanimous roll call vote. • Planning & Zoning Commission Minutes — December 10, 2003 f Recommendation on Case No. ANN-84-03 (TO INCLUDE DEVELOPMENT AGREEMENT) - MOTION: Commissioner Alidredge SECOND: ` Commissioner Robison. The Commission recommended approval of Case No. ANN-84-03 with the standard conditions outlined in the staff report. This land application proposal is subject to a development agreement that must be signed by the applicant prior to being scheduled for public hearing before the Mayor and City Council that it is approved or denied. The hearing was legally noticed and was held under the requirements of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Findings of Fact on Case No. SUB-95P-03 - MOTION: Commissioner Griffith SECOND: Commissioner Jakobson. Accept the general facts outlined in the staff report, public testimony and facts concerning pathway connectivity, minimum 7,500 ft. corner lot requirement/plat reconfiguration, landscape buffer areas within the irrigation utility easements, traffic study, and final plat signatures after approval of the irrigation provider. Passed: Unanimous roll call vote. Conclusions of Law on Case No. SUB-95P-03 - MOTION: Commissioner Robison SECOND: Commissioner Griffith. The Planning & Zoning Commission has the authority to hear this request and to recommend to the Mayor and City Council that it is approved or denied. The hearing was legally noticed and was held under the requirements of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation on Case No. SUB-95P-03 - MOTION: Commissioner • Alldredge SECOND: Commissioner Robison. The Commission approved Case No. SUB-95P-03 with the conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Archuleta closed the public hearing. ...............................................................� D. Case No. SUB-94P-03, a request by IFI Partners II for preliminary plat approval of Newbury Estates on approximately 19 acres, which consists of 51 single-family residential lots and 5 common lots in an R-1 (Single-Family Residential) zone. The site is located on the east side of Airport Avenue and approximately 200 feet north of Ustick Road. Steve Hasson, Community Development Director, presented the staff report. John Evans, Applicant, testified in favor. Harry Guenthner, testified in favor. Brian Anderson, signed in favor but chose not to speak. • Jerry Anderson, signed in favor but chose not to speak. Planning & Zoning Commission Minutes — December 10, 2003 , ; . t Jim Thomas, testified in opposition. • Elaine Johnson, signed in opposition but chose not to speak. Bonnie Murphy, signed as neutral but chose not to speak. Edmond Fiez, signed as neutral but chose not to speak. Walt Pappin, testified as neutral. Greg Miller, testified in opposition. Scott Woods, City Engineer Staff, presented facts concerning the application. Testimony closed. NOTE: See Order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Comprehensive Plan Analysis - MOTION: Commissioner Robison SECOND: Commissioner Griffith. The request was applicable to the following Comprehensive Plan Components as outlined in the staff report; Property Rights — Goal, Objectives A, B and Policy 1; School Facilities and Transportation — Goal and Policy 1; Economic Development — Goal and Objective A; Land Use — Goal, Objectives Applicable to All Land Uses - A; Natural Resources — Policy 1; Public Services, Utilities and Facilities — Goal, • Objective A, B, C, D, Policies 2, 6 and 7; Transportation — Goal, Objectives A, B and C; Community Design — Goal, Objectives A, E, Policies 1, 2, 6, 9 and 10. Findings of Fact on Case No. SUB-94P-03 - MOTION: Commissioner Alldredge SECOND: Commissioner Robison. Accept the general facts outlined in the staff report, public testimony and pertinent facts to include: connectivity within Block 2, pathways, fencing, stub street to the east for future development and access to the green belt, and landscaping requirements. Passed: Unanimous roll call vote. Conclusions of Law on Case No. SUB-94P-03 - MOTION: Commissioner Griffith SECOND: Commissioner Robison. The Planning & Zoning Commission has the authority to hear this request and to recommend to the Mayor and City Council that it is approved or denied. The hearing was legally noticed and was held under the requirements of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation on Case No. SUB-94P-03 - MOTION: Commissioner Robison SECOND: Commissioner Griffith. The Commission approved Case No. SUB-94P-03 with the conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Archuleta closed the public hearing. . Planning & Zoning Commission Minutes — December 10, 2003 � 4 , 1 ■��i • VIII. Planning Issues: A. Next Public Meeting date is scheduled for January 14, 2004. B. Discussion held concerning Shannon Hasson researching a possible solution for non-conforming duplexes located in R-1 (single family residential) zones beyond the special use permit process. IX. Adjournment: Janie Archuleta adjourned the meeting at approximately 11:40 p.m. MINUTES APPROVED AND SIGNED BY CHAIRMAN ARCHULETA ON THE DATE NOTED BELOW: n ,; � � " �' L- � ��'c) � �� - ��- � Attest: '� ` Janie Archuleta Date Com u ty Development Director • • Planning & Zoning Commission Minutes — December 10, 2003