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Home My WebLink About7-11-2006 P&Z MINUTES . � . • CALDWELL PLANNING & ZONING COMMISSION pp ROVE MI N UTES cc�3:i$� July 11, 2006 I. Call to Order — Chairman Alldredge calied the meeting to order for the public hearing at 7:12 p.m. II. Roll Call — Members Present: Paul Alldredge, Gene Shaffer, Scott Wallace, Jack Teraberry. Disclosures: None. Members Absent: Joyce Griffith and Mike Jakobsen. Staff Present: Brian Billingsley (Senior Planner), David Richey (Associate Planner), Dee Fernandez (Secretary), and Brent Orton (Engineering Department). III. Review of Proceeding — Chairman Paul Alldredge announced the procedures for the public hearing. IV. Old Business � A. Approve minutes of May 9, 2006 meeting. MOTION: Commissioner Shaffer SECOND: Commissioner Teraberry. Approved — Unanimous roll call vote. Approve minutes of June 13, 2006 meeting. MOTION: Commissioner Teraberry SECOND: Commissioner Wallace. Approved — Unanimous roll call vote. B. CASE NUMBER SUP-269-06 and ZON-45-06, a request by Greg Strikwerda for rezone approval of approximately four-acres from R-2 (Combined Medium Density Residential) zone to C-2 (Community Commercial) zone, to include a special use permit to operate a mini- storage facility, a Comprehensive Plan Land Use Map amendment from Medium-Density Residential to Commercial, and development agreement. The site is located at 2813 S. Indiana. 1. Brian Billingsley, Senior Planner, presented the staff report. 2. Greg Strikwerda, applicant, signed in favor of the application and provided testimony about the project. � Caldwell P&Z Commission Minutes — July 11, 2006 Page 1 of 10 . 3. Brent Orton, City Engineer, gave testimony about the 40' roadway variance request, as requested by Mr. Strikwerda. Testimony Closed. MOTION TO CLOSE TESTIMONY: Commissioner Shaffer SECOND: Commissioner Teraberry. Passed: Unanimous roll call vote. Comprehensive Plan Analysis on Special Use - MOTION: Commissioner Shaffer SECOND: Commissioner Teraberry. Accepted 5.1 — 5.6. Passed: Unanimous roll call vote. Findings of Fact on Case No. ZON-45-06 - MOTION: Commissioner Wallace 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. ZON-45-06 - MOTION: Commissioner Teraberry SECOND: Commissioner Wallace. 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. ZON-45-06 - MOTI ON. Commissioner Wallace SECOND: Commissioner Teraberry. The Commission approved the request as submitted, with conditions 8.2, and the 40' variance to be included in the development agreement. Passed: Unanimous roll call vote. Findings of Fact on Case No. SUP-269-06 - MOTION: Commissioner Wallace 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-269-06 - MOTION: Commissioner Shaffer SECOND: Commissioner Teraberry. 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-269-06 - MOTION: Commissioner Teraberry SECOND: Commissioner Wallace. The Commission approved the request as submitted, with conditions 11.2 — 11.14. Passed: • Unanimous roll call vote. Caldwell P&Z Commission Minutes — July 11, 2006 Page 2 of 10 • .................................................................... .... � V. New Business A. CASE NUMBER SUP-272-06, a request by Lisa Itano, for special use permit approval to operate a preschool in an R-1 (Single Family Residential) zone. The site is located at 1305 Fillmore and 615 S. 13 1. David Richey, Associate Planner, presented the staff report. 2. Lisa Itano, applicant, signed in favor of the application and provided testimony about the project. Commissioner Alldredge stated that if the Special Use Permit is granted, that the commission would require background checks be completed on all employees of the facility. 3. Dena Rojas, applicant or applicant's representative, signed in favor of the application and provided testimony about the project. 4. Carol Caba signed in favor of the application and provided testimony. • 5. Renee Bettencourt signed in favor of the application and did not speak. Her written comments were read into the record by Commissioner Alldredge. 6. Michael J. Brown signed in favor of the application and provided testimony. 7. Kristine Lang signed in favor of the application and provided testimony. 8. Glen Grosenbach signed in neutral of the application and provided testimony. He commented about the alleyway needing to be paved, and how residents have previously paid for its care in the past. 9. Brent Orton, City Engineer, answered the Commission's questions about the paving of the alleyway and parking lot. Testimony Closed. MOTION TO CLOSE TESTIMONY: Commissioner Shaffer SECOND: Commissioner Teraberry. Passed: Unanimous roll call vote. � Caldwell P&Z Commission Minutes — July 11, 2006 Page 3 of 10 Comprehensive Plan Analysis - MOTION: Commissioner Shaffer � SECOND: Commissioner Teraberry. Accepted 5.1 — 5.6. Passed: Unanimous roll call vote. Findings of Fact on Case No. SUP-272-06- MOTION: Commissioner Wallace 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-272-06- MOTION: Commissioner Shaffer SECOND: Commissioner Teraberry. 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-272-06 MOTION: Commissioner Teraberry SECOND: Commissioner Wallace. The Commission approved � with conditions 8.2 — 8.14 to include paving of parking lot and not the alley, to be completed within twelve months of signing of Special Use Permit. Passed: Unanimous roll call vote. ........................................................................� � B. Case Number SUP-273-06, a request by Canyon County, for special use permit approval to operate an auto license and drivers license bureau, and to change from a commercial to government zone. The site is located at 6618 Cleveland Blvd, suites #B & #C. 1. Brian Billingsley, Senior Planner, presented the staff report. 2. Andrew Eveland signed in favor as the applicant and testified about the project. Mr. Eveland submitted exhibit PZ-1001, a 3-page handout, and two foam boards as exhibit PZ-1001. 3. Joe Cox signed in favor of the application as applicant's representative and provided testimony. He testified that the other businesses in the complex have donated some of their parking spaces and that the expected occupancy time frame for the bureau is two to three years. 4. Brian Billingsley answered the Commission's questions about parking spaces. 5. Penny Vanwassenhove signed in favor of the application and provided testimony. She testified that 90% of the transactions are just cars. ! 6. Joe Cox testified again. Caldwell P&Z Commission Minutes — July 11, 2006 Page 4 of 10 ` 7. Chris Smith signed in favor as the applicant's representative and provided testimony about the two main reasons for the move from the current location: three new judges, and the need for more space. 8. Valerie Endrikat signed in favor of the application and provided testimony about combining the two driver's license bureaus to simplify things for the public. ' 9. Chuck Saari signed in favor of the application and provided testimony about the issue of paving of the parking lot. He stated it would be sufficient for the parking lot to be graded instead, due to the expected short-term occupation. 10. Matt Beebe signed in favor as the applicant's representative and did not testify. Testimony Closed. MOTION TO CLOSE TESTIMONY: Commissioner Teraberry SECOND: Commissioner Wallace. Passed: Unanimous roll call vote. Comprehensive Plan Analysis on Special Use - MOTION: • Commissioner Shaffer SECOND: Commissioner Teraberry. Accepted 5.1 — 5.6. Passed: Unanimous roll call vote. Findings of Fact on Case No. SUP-273-06 - MOTION: Commissioner Teraberry SECOND: Commissioner Wallace. 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-273-06 - MOTION: Commissioner Teraberry SECOND: Commissioner Shaffer. 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-273-06 - MOTION: Commissioner Teraberry SECOND: Commissioner Wallace. The Commission approved the request as submitted, with conditions 8.2 — 8.9, and to change condition 8.10 to read "a minimum of 40 parking spaces." Passed: Unanimous roll call vote. � Caldwell P&Z Commission Minutes — July 11, 2006 Page 5 of 10 . ........................................................................� C. CASE NUMBERS ANN-122-06 and SUB-151 P-06, a request by Landmark Engineering & Planning, for annexation of 126.96 acres into the City as R-1 (Single Family Residential), and for preliminary plat approval for Marble Creek Subdivision for 452 residential lots and 27 common lots. The site is located generally southwest of KCID and Marble Front Roads. 1. David Richey, Associate Planner, presented the staff report. Exhibits PZ-1000, a preliminary plat on a display board, and PZ- 1001, a display board aerial photo of the general area, were submitted. 2. Brent Orton, City Engineer, gave corrections to typos in the staff report, which would also apply to the development agreement. 3. Clint Boyle signed in favor as the applicant and provided testimony about the project. He distributed reduced-sized color copies of the exhibits. 4. Jerry Rose signed in neutral of the application and gave testimony about his concerns about increased traffic on Marble • Front Road, contractor cleanup and garbage from nearby construction in his yard, and concerns with the irrigation canal. Brent Orton addressed Mr. Rose's comments. 5. Kirby Klendenon signed in neutral of the application and gave testimony. He asked if a letter received from Landmark Engineering & Planning would be considered binding. 6. David Weaver signed in neutral of the application and gave testimony. He asked about clarification of the entryway. 7. Robb Spencer signed in neutral of the application and gave testimony. He commented that he would prefer not to have a thoroughfare on Borchers Lane. 8. Clint Boyle gave rebuttal testimony. Testimony Closed. MOTION TO CLOSE TESTIMONY: Commissioner Shaffer SECOND: Commissioner Teraberry. Passed: Unanimous roll call vote. � Caldwell P&Z Commission Minutes — July 11, 2006 Page 6 of 10 � Comprehensive Plan Analysis - MOTION: Commissioner Shaffer SECOND: Commissioner Teraberry. Accepted 5.1 — 5.10. Passed: Unanimous roll call vote. Findings of Fact on Annexation - MOTION: Commissioner Wallace 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 Annexation - MOTION: Commissioner Shaffer SECOND: Commissioner Teraberry. 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 ca�l vote. Recommendation on Annexation - MOTION: Commissioner Shaffer SECOND: Commissioner Wallace. The Commission approved the request as submitted, with condition 8.2. Passed: Unanimous roll call vote. Findings of Fact on Preliminary Plat - MOTION: Commissioner Wallace 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 with the following conditions: 1. Footbridge at or near Lots 20 and 21 off Anchorest Drive 2. Footbridge across Soloman Slough drain pending approval from Bureau of Reclamation. 3. Oasis Street and Dry Creek connect and to exit to Marble Front in addition to existing access to marble front in vicinity lots 38 and 39. 4. Retract recommendation re cross connectivity 5. Lot in vicinity of Borchers to access street (two blocks), and would remain undeveloped for seven years with understanding that developer can do whatever it wants afterwards. 6. Outparcel — need affidavit in record of acceptance or denial from property owners re street/curb/gutter at developer's expense. Conclusions of Law on Preliminary Plat - MOTION: Commissioner Shaffer SECOND: Commissioner Teraberry. 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. � Caldwell P&Z Commission Minutes — July 11, 2006 Page 7 of 10 Recommendation on Preliminary Plat - MOTION: Commissioner • Wallace SECOND: Commissioner Teraberry. The Commission approved the request as submitted, with condition 11.2 — 11.33 with modification to 11.30 regarding footbridge that can be placed on either side. Passed: Unanimous roll call vote. ........................................................................� D. CASE NUMBER ANN-123-06 and SUB/PUD-152P-06, a request by One LP LLC, for annexation of 21.12 acres into the City as G2 (Community Commercial) for 15 commercial buildings and 208-unit senior housing, and R-1 (Single Family Residential) for 52 single family lots; special use permit approval for a mixed use community; and for preliminary plat approval for Rimrock Subdivision for 7 common lots and 52 residential lots. The site is located at 1420 E. Ustick Road. 1. Brian Billingsley, Senior Planner, presented the staff report. He corrected errors in the staff report. He announced exhibit PZ- 1000, a large color preliminary plat with landscaping, and PZ- 1001, an 11 x 17 handout of the large color preliminary plat. 2. Ron Sargent signed in favor as the applicant. He submitted four color photos (8.5 x 11), which were marked as exhibit PZ-1002. � 3. Brent Orton, City Engineer, gave testimony about the applicant's percentage requirement for traffic mitigation and that an estimated dollar figure can be given to the applicant. 4. Dan Sosnovske signed in favor of the application as the developer, owner and operator of the assisted living center. 5. Ron Sargent was recafled. Testimony Closed. MOTION TO CLOSE TESTIMONY: Commissioner Wallace SECOND: Commissioner Teraberry. Passed: Unanimous roll call vote. Comprehensive Plan Analysis on Annexation and Preliminary Plat - MOTION: Commissioner Shaffer SECOND: Commissioner Teraberry. Accepted 5.1 — 5.10. Passed: Unanimous roll call vote. Findings of Fact on Annexation - MOTION: Commissioner Wallace 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. � Caldwell P&Z Commission Minutes — July 11, 2006 Page 8 of 10 • Conclusions of Law on Annexation - MOTION: Commissioner Wallace SECOND: Commissioner Teraberry. 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 Annexation - MOTION: Commissioner Wallace SECOND: Commissioner Teraberry. The Commission approved the request as submitted, with condition 8.2, with the development agreement to include condition of no steel, aluminum or vinyl siding; 56 feet through commercial to Indian Springs, and 51 feet for the rest of the area. Passed: Unanimous roll call vote. Findings of Fact on Preliminary Plat and Planned Unit Development - MOTION: Commissioner Shaffer SECOND: Commissioner Wallace. 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 Preliminary Plat and Planned Unit Development - MOTION: Commissioner Shaffer SECOND: Commissioner Teraberry. 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 Preliminary Plat and Planned Unit Development - MOTION: Commissioner Wallace SECOND: Commissioner Shaffer. The Commission approved the request as submitted, with condition 11.2 — 11.29 including 56/51 foot condition previously stated, and no new stub streets. Passed: Unanimous roll call vote. ........................................................................� VI. Planning Issues: VII. Adjournment: The meeting was adjourned at 12:15 a.m. MINUTES APPROVED AND SIGNED BY CHAIRMAN PAUL ALLDREDGE ON THE DATE NOTED BELOW: � Caldwell P&Z Commission Minutes — July 11, 2006 Page 9 of 10 , , . � , . � Attest: Paui Alldredge Date Community Development Director � � Caldwell P&Z Commission Minutes — July 11, 2006 Page 10 of 10