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Home My WebLink About2-8-2005 P&Z MINUTES � � CALDWELL PLANNING & ZONING COMMISSION MINUTES • February 8, 2005 I. Call to Order — Chairman Alldredge called the meeting to order for the public hearing at 7:20 p.m. II. Roil Call — Members Present: Paul Alldredge, Jack Teraberry, Gene Shaffer, Dennis Callsen, Michael Jakobson and Joyce Griffith. Members Absent: Christina Marroquin Staff Present: Wendy Kirkpatrick (Senior Planner), Debbie Geyer (Community Development Specialist) and Ben Weymouth (City Assistant Engineer). III. Review of Proceeding — Chairman Paul Alldredge reviewed the procedures for public hearing. IV. Old business A. MOTION/Approve minutes of January 11, 2005. Passed: Unanimous roll call vote. V. New Business • A. CASE NUMBER - SUP-234-04, a request by Higher Ground Worship Center for special use permit approval for a church in an R-2 (Combined Medium Density Residential) zone. The site is located at 300 Frontage Road. Debbie Geyer, Community Development Specialist, presented the staff report. Charles Seip, Applicant, testified in favor. Anna Westling, signed in favor, but did not to speak. Laura Andrea, testified in favor. Paul McFarland, testified in favor. Eddie Tessbach, testified in favor. James Smiley, testified in opposition. 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 Callsen, SECOND: Commissioner Teraberry. The request was applicable to the � following Comprehensive Plan Components as outlined 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, Objective Applicable To All Land Uses - Objectives A and C; Natural Resources — Objectives A and C; Public Services — Goal; Transportation — Goal and Objective A. Findings of Fact on Case No SUP-234-04 - MOTION: Commissioner Shaffer SECOND: Commissioner Teraberry. Accepted the general facts outlined in the staff report and public testimony as part of the Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law on Case No. SUP-234-04 - MOTION: Commissioner Griffith SECOND: Commissioner Jakobson. The Planning & Zoning Commission has the authority to hear this case and to approve or deny it. The public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision on Case No. SUP-234-04 - MOTION: Commissioner Callsen SECOND: Commissioner Teraberry. The Commission approved Case No. SUP-234-04 with the conditions outlined in the staff report. Passed: Unanimous roll call vote. • Public Hearing Closed — Chairman Paul Alldredge closed the public hearing. ................................................................ B. CASE NUMBER - SUP-233-04, a request by Sallie Palleria for special use permit approval to construct a duplex in an R-1 (Single-Family Residential) zone. The site fronts Ray Avenue and is approximately 200 feet north of E. Linden Street on Lot 3 within Sunnybrook Village Subdivision. Debbie Geyer, Community Development Specialist, presented the staff report. Ben Weymouth, Assistant City Engineer, presented facts concerning the application. Sallie Palleria, Applicant, testified in favor. Marv Purcell, testified in opposition. Gina Lujack, testified in opposition, presented Exhibit PZ-1000. Rob Jerome, testified in opposition. Stacey Dye, testified in opposition. • Planning & Zoning Commission Minutes — February 8, 2005 Page 2 of 7 Randy Dye, testified in opposition. • Marlen Luff, testified in opposition. Linda Iverson, testified in opposition. Jon iverson, testified in opposition. Testimony closed. I Note: See Order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Comprehensive Plan Analysis - MOTION: Commissioner Callsen, 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, C, D and Policy 1; School Facilities and Transportation — Goal, Objective A and Policy 1; Economic Development — Goals I, II, IV, Objective A, Policies 1 and 3; Land Use — Goals I, II, IV, Objectives Applicable To All Land Uses — A and B; Public Services, Utilities and Facilities — Goals I, II, Objectives A, B, C, Policies 1, 4, 5, 6 and 7; Transportation — Goals Applicable to Circulation I, II, III, IV, Goals Applicable To Public Transportation I, II, Goals Applicable To Functionally Classified Road Map I, II, Objectives A, B, C, Policies 4, 5, 6, and 7; Community Design — Goal, Objectives A, B, C, E, Policies 1, 2, 3, 5, 6, 8, 9 and 10; Public Safety • Component — Goals I, II, Objectives A, B, Policies 1, 2, 3, 4, 5, 6, 7 and 9. Findings of Fact on Case No SUP-233-04 - MOTION: Commissioner Griffith SECOND: Commissioner Jakobson. Accepted the general facts outlined in the staff report, public testimony and Exhibits PZ-1000 & PZ-1001 as part of the Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law on Case No. SUP-233-04 - MOTION: Commissioner Callsen SECOND: Commissioner Griffith. The Planning & Zoning Commission has the authority to hear this case and to approve or deny it. The public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision on Case No. SUP-233-04 - MOTION: Commissioner Callsen SECOND: Commissioner Griffith. The Commission approved Case No. SUP-233-04 with the conditions outlined in the staff report. Passed: Votes in favor of the MOTION: Commissioner Callsen, Commissioner Griffith, Commissioner Jakobson and Commissioner Teraberry. Votes in opposition of the MOTION: Commissioner Shaffer. Public Hearing Closed — Chairman Paul Alldredge cfosed the public hearing. ................................................................ • Planning & Zoning Commission Minutes — February 8, 2005 Page 3 of 7 C. CASE NUMBER - SUP-232-04, a request by Sallie Palleria for special use • permit approval to construct a duplex in an R-1 (Single-Family Residential) zone. The site fronts Ray Avenue and is approximately 200 feet north of E. Linden Street on Lot 2 within Sunnybrook Village Subdivision. Debbie Geyer, Community Development Specialist, presented the staff report. Gina Lujack, testified in opposition, presented Exhibits PZ-1000 and PZ- 1001. Jon iverson, testified in opposition. Linda Iverson, testified in opposition. The following persons signed in Opposition, but chose not to speak: Marv Purcell, Marlen Luff, Stacey Dye and Rob Jerome. 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 Callsen, 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, C, D and Policy 1; School Facilities and Transportation — Goal, Objective A and Policy 1; Economic Development — Goals I, II, IV, Objective A, Policies 1 and 3; Land Use — Goals I, II, III, IV, Objectives Applicable To All Uses — A and B; Public Services, Utilities and Facilities — Goals I, II, Objectives A, B, C, Policies 1, 4, 5, 6 and 7; Transportation — Goals Applicable To Circulation I, II, III, IV, Goals Applicable To Public Transportation II and III, Goals Applicable To Functionally Classified Road Map — I, II, Objectives A, B, C, Policies 4, 5, 6 and 7; Community Design — Goal, Objectives A, B, C, E, Policies 1, 2, 3, 5, 8, 9 and 10; Public Safety Component — Goals I, II, Objectives A, B, Policies 1, 2, 3, 4, 5,6,7and9. Findings of Fact on Case No SUP-232-04 - MOTION: Commissioner Shaffer SECOND: Commissioner Griffith. Accepted the general facts outlined in the staff report, public testimony and PZ-1000 and PZ-1001 as part of the Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law on Case No. SUP-232-04 - MOTION: Commissioner Griffith SECOND: Commissioner Jakobson. The Planning & Zoning Commission has the authority to hear this case and to approve or deny it. The public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances. Passed: Unanimous roll call vote. • Planning & Zoning Commission Minutes — February 8, 2005 Page 4 of 7 Order of Decision on Case No. SUP-232-04 - MOTION: Commissioner Griffith SECOND: Commissioner Callsen. The Commission approved Case � No. SUP-232-04 with the conditions outlined in the staff report. Passed: Votes in favor of the MOTION: Commissioner Griffith, Commissioner Callsen and Commissioner Jakobson. Votes in opposition of the MOTION: Commissioner Shaffer and Commissioner Teraberry. Public Hearing Closed — Chairman Paul Alldredge closed the public hearing. ................................................................ D. CASE NUMBER - SUP-235-04, a request by Verizon Wireless for special use permit approval to co-locate on a public telecommunications tower in an R-1 (Single-Family Residential) zone. The site is located at the City of Caldwell Water Tower Park which fronts Rose Garden Hill Road. Wendy Kirkpatrick, Community Development Senior Planner, presented the staff report. Ben Weymouth, Assistant City Engineer, presented facts concerning the application. Jerry Hanson, Applicant, testified in favor. . 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 Callsen, SECOND: Commissioner Griffith. The request was applicable to the following Comprehensive Plan Components as outlined in the staff report: Property Rights — Goal, Objectives A and C; Special Areas or Sites Component — Goal and Objective A; Economic Development — Goals I and II; Land Use — Goals I, II, III, IV, Objectives Applicable To All Land Uses — A and B; Hazardous Areas Component — Goal, Objectives A and B; Public Services, Utilities and Facilities — Goals I, II, Objectives A, B, C and Policy 2; Community Design — Goal and Objective A. Findings of Fact on Case No VAR-28-04 - MOTION: Commissioner Griffith SECOND: Commissioner Jakobson. Accepted the general facts outlined in the staff report and public testimony as part of the Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law on Case No. VAR-28-04 - MOTION: Commissioner Shaffer SECOND: Commissioner Griffith. The Planning & Zoning Commission has the authority to hear this case and to approve or deny it. The public notice requirements were met and the hearing was conducted � Planning & Zoning Commission Minutes — February 8, 2005 Page 5 of 7 within the guidelines of applicable Idaho Code and City ordinances. Passed: Unanimous roll call vote. • Order of Decision on Case No. VAR-28-04 - MOTION: Commissioner I Jakobson SECOND: Commissioner Griffith. The Commission approved Case No. VAR-28-04 with the conditions outlined in the staff report. Passed: Unanimous roll call vote. Findings of Fact on Case No SUP-235-04 - MOTION: Commissioner Callsen SECOND: Commissioner Shaffer. Accepted the general facts outlined in the staff report and public testimony as part of the Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law on Case No. SUP-235-04 - MOTION: Commissioner Callsen SECOND: Commissioner Jakobson. The Planning & Zoning Commission has the authority to hear this case and to approve or deny it. The public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision on Case No. SUP-235-04 - MOTION: Commissioner Jakobson SECOND: Commissioner Callsen. The Commission approved Case No. SUP-235-04 with the conditions outlined in the staff report. Passed: Unanimous roll call vote with the exclusion of Commissioner Griffith who abstained from the vote. • Public Hearing Closed — Chairman Paul Alldredge closed the public hearing. ................................................................ E. CASE NUMBER - OA-66-05, a request to adopt an amended zoning map that supersedes and replaces the zoning map adopted by Caldwell City Council on July 6, 2004 (Ordinance No. 2512. The new map includes all rezones and annexations that occurred between January 1, 2004 and December 31, 2004. The zone boundary changes during this period were approved by City Council at respective public hearings held pursuant to the requirements of Idaho Code, Title 67, Chapter 65, Local Planning Act. Wendy Kirkpatrick, Community Development Senior Planner, presented the staff report. Testimony closed. Note: See Order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Findings of Fact on Case No OA-66-05 - MOTION: Commissioner Callsen SECOND: Commissioner Shaffer. Accepted the general facts outlined in the staff report, public testimony and Exhibit PZ-1000 as part of the Findings of � Fact. Passed: Unanimous roll call vote. Planning & Zoning Commission Minutes — February 8, 2005 Page 6 of 7 . , , � Conclusions of Law on Case No. OA-66-05 - MOTION: Commissioner • Shaffer SECOND: Commissioner Jakobson. The Planning & Zoning Commission has the authority to hear this case and to approve or deny it. The public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances. Passed: Unanimous roll call vote. ' Recommendation on Case No. OA-66-05 - MOTION: Commissioner Callsen SECOND: Commissioner Jakobson. The Commission approved Case No. OA-66-05 with the conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Paul Alldredge closed the public hearing. ................................................................ VI. Planning Issues: A. Next P&Z Public Hearing Date: February 17, 2005. VI1. Adjournment: Paul Alldredge adjourned the meeting at approximately 9:30 p.m. • MINUTES APPROVED AND SIGNED BY CHAIRMAN PAUL ALLDREDGE ON THE OTED BELOW: � 3 /� r �� / Attest: Pau dr Date �� Community Development Director . Planning & Zoning Commission Minutes — February 8, 2005 Page 7 of 7