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Home My WebLink About10-10-2006 P&Z MINUTES CALDWELL PLANNING & ZONING COMMISSION . • MINUTES �� PR ��`� ° � October 10, 2006 I. Call to Order — Chairman Alldredge called the meeting to order for the public hearing at 7:00 p.m. II. Roli Call — Members Present: Paul Alldredge, Gene Shaffer, Scott Wallace, Jack Teraberry, Joyce Griffith and Michael Jakobson. Disclosures: Members Absent: Commissioner Jakobson Staff Present: Brian Billingsley (Senior Planner), David Richey (Associate Planner), Debbie Geyer(City Clerk), and Brent Orton (City Engineer) III. Review of Proceeding — Chairman Paul Alldredge announced the procedures for the public hearing. IV. Old Business � A. Approve minutes of September 12, 2006 meeting. MOTION: Commissioner Wallace SECOND: Commissioner Teraberry Approved Commissioner Shaffer, Commissioner Griffith. ......................................................................... V. New Business A. CASE NUMBER SUB-158PF-06, a request by Juan Tamayo for short plat approval of one (1) residential lot on a 0.31 acre parcel of land. The site is located on the west side of Washington Ave, approximately 800- feet north of Linden. 1. David Richey, Associate Planner, presented the staff report. 2. Juan Tamayo, applicant, signed in favor of�the application and gave supporting testimony. She stated tha� he:� would like to waive the sidewalk requirements. He also submitted a site plan with the proposed driveway that was labeled pz 1000. � 3. Brent Orton suggested that the commission recommend to the city • council that the sidewalk requirements be waived untii arter construction is complete and a condition be put on the certificate of occupancy concerning these requirements. 4. Sherri McCoy, applicant's representative, signed in favor of the application and gave supporting testimony and stated that the home will occupied by the owner. 5. Gina Lujack signed in favor of the application and gave supporting testimony stating that she believes that the sidewalk requirements should not only be deferred but should be waived. 6. Juan Tamayo, applicant, stated that some of his surrounding neighbors have came to him to answer his questions and are in favor of this application. MOTION TO CLOSE TESTIMONY: Commissioner Teraberry SECOND: Commissioner Wallace. Passed: Unanimous roll call vote. Comprehensive Plan Analysis - MOTION: Commissioner Griffith SECOND: Commissioner Shaffer. Accepted 5.1 — 5.6. Passed: � Unanimous roll call vote. Findings of Fact on Case No. Sup-277-06- 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. Conclusions of Law on Case No. SUB-158PF-06 MOTION: Commissioner Griffith 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. Order of Decision on Case No. SUB-158PF-06 MOTION: Commissioner Wallace SECOND: Commissioner Shaffer. The Commission approved with conditions8.2-8.6, 8.7 to be changed to defer the sidewalk until an LID. & 8.8 commission requests to council that the applicant pay the fees that were in effect at the time of application submittal. Passed: Unanimous roll call vote. ......................................................................... � B. Case Number SUP-281-06, a request by Don Ingram for a special use � permit to open an office out of a dwelling located at 71 � 5. Kimbaii. David Richey, Associate Planner, presented the staff report. He stated that the staff report had an error in it. He then read what the staff report should have said. 1. Anne Marie Skinner, applicant's representative, signed in favor of the application and provided supporting testimony stating that she does concur with the staff report and that Mr. Ingram will be the only employee and will be operating these classes Monday- Friday 9:00 a.m. to 12:00 p.m. There will be approximately 18-20 students and the occasional Saturday class. 2. Don Ingram, applicant, signed in favor of the application but did not wish to speak. Public Testimony Closed. MOTION TO CLOSE TESTIMONY: Commissioner Shaffer SECOND: Commissioner Wallace. Passed: Unanimous roll call vote. Comprehensive Plan Analysis - MOTION: Commissioner Shaffer SECOND: Commissioner Teraberrry. Passed: Unanimous roll call vote. � Findings of Fact on Case No. SUP-281-06 - MOTION: Commissioner Watlace SECOND: Commissioner Griffith. 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-281-06 - MOTION: Commissioner Shaffer 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. Order on Case No. SUP-281-06 - MOTION: Commissioner Wallace SECOND: Commissioner Shaffer. The Commission approved the request as submitted with conditions 8.2-8.13. Passed: Unanimous roll call vote. ......................................................................... C. CASE NUMBER ZON-48-06, a request by Fast Trac Development, LLC to rezone a 0.106 acre parcel of land from R-3 Multi Family High Density Residential to C-2 Community Commercial. The site is located on the corner of Freeport and 11 Ave. � 1. Brian Billingsley, planning and zoning director, presented the � staff report and outiined ine iandscaping anc� pa�Ki�iy Niai�s. 2. Commissioner Griffith asked if there had been any consideration given to whether or not there would be any harsh chemicals used at this site. 3. Jeffrey Hall applicant, signed in favor of the application and provided supporting testimony. He presented some concerns about the staff report and stated that there would be no harsh chemicals used at the proposed site. Testimony Closed. MOTION TO CLOSE TESTIMONY: Commissioner Wallace SECOND: Commissioner Griffith passed: Unanimous roll call vote. Comprehensive Plan Analysis - MOTION: Commissioner Shaffer SECOND: Commissioner Wallace. Accepted 5.1 — 5.2. Passed: Unanimous roll call vote. Findings of Fact - MOTION: Commissioner Wallace SECOND: Commissioner Griffith. 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 - MOTION: Commissioner Wallace 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 on case no. ZON-48-06- MOTION: Commissioner Shaffer SECOND: Commissioner Wallace. The Commission approved the request as submitted. Passed: Unanimous roll call vote. ......................................................................... D. CASE NUMBER SUP-280-06, is a request made by Holliness Pentecostal for a special use permit to construct a new church facility located at 5619 Latser Lane. David Richey, Associate Planner, presented the staff report. � 1. Ward Schwinder, applicant's representative, signed in favor of � the application and provided supporiing iesii<<luiiy. Commissioner Shaffer expressed concern for how efficient this touch would really be. 2. Brent Orton gave details as to the future use of Laster Lane in accordance to the functional classification map. 3. Mark Buzzard Signed in favor of the application but did not wish to speak. 4. Melinda Lejarcgui signed in favor of the application but did not wish to speak Testimony Closed. MOTION TO CLOSE TESTIMONY: Commissioner Shaffer SECOND: Commissioner Wallace passed: Unanimous roll call vote. Comprehensive Plan Analysis - MOTION: Commissioner Shaffer SECOND: Commissioner Wallace. Passed: Unanimous roll call vote. Findings of Fact - MOTION: Commissioner Griffith 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 - MOTION: Commissioner Wallace 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 on case no. SUP-280-06- MOTION: Commissioner Shaffer SECOND: Commissioner Griffith. The Commission approved the request as submitted. Passed: Unanimous roll call vote. E. CASE NUMBER ANN-133-06/SUB-157-06, a request by Sallie Palleria of Bradshaw Construction for the annexation of 9.45 Acres into the city as R-1 (Single Family Residential), a development agreement, and preliminary plat approval for Marble Heights Subdivision containing 37 residential lots and 8 common lots. The site is located on the north side of Marble Front Road. Brian Billingsley, Planning and Zoning Director, presented the staff report. � 5. Anne Marie Skinner, applicant's representative, signed in favor r of the application and provided supporiing LeSIIfTIUfly. J ic spoke about streets, buffer, landscaping and open spaces. She stated the storm water lot will be fenced and also stated they will meet open space and corner lot requirements. She also presented 3 pictures and a floor plan that were labeled as PZ- 1001. 6. Brent Orton stated that this is a neighboring park development and is in conjunction to the school site. 7. Joyce Griffith expressed her concern with the lack of mixed residential within the development. 8. Anne Marie Skinner stated that the connectivity to the north and the east of the development would be efficient. 9. Cheryl D. Scott spoke in opposition to the application and expressed her concern about the condition of Marble Front Road and submitted a letter and a picture as exhibits PZ-1002. An aerial photograph was submitted as PZ-1003. 10. Mike Caplan spoke in opposition to the application and expressed his concerns about the Marble Front safety issues, smart growth concepts, and road improvements. 11. Sallie Palleria signed in favor of the application and provided supporting testimony. 12.Anne Marie Skinner Provided rebuttal stating that a fence and • sewer line stub will be provided for the Scott parcel and Irrigation and Pump will be determined by the Engineering Department since irrigation will be provided by the City of Caldwell. Anne Marie also pointed out that the Compr.ehensive Plan Map shows that this site is designated as low density residential, which complies with the development. 13. Brent Orton addressed the issues with traffic patterns stating that people will use the fastest route. Some will choose to go over the hill and others will go down Aviation. He stated that people will use 20/26 and Karcher interchange. He also discussed the way people will choose their route. He spoke of how Marble is to be improved. 14. The Panel spoke of their concern regarding the traffic and safety on Marble Front Road Stated this problem can not be solved, it is an ongoing problem. Testimony Closed. MOTION TO CLOSE TESTIMONY: Commissioner Wallace SECOND: Commissioner Teraberry. Passed: Unanimous roll call vote. � Findings of Fact - MOTION: Commissioner Shaffer SECOND: � Commissioner vrifiith. Accepted the generai iacis ouiiinea in ine stan report and public testimony as part of the Findings of Fact. Passed: Unanimous roll call vote. Case Contiued - MOTION: Commissioner Wallace SECOND: Commissioner Teraberry. The Commission decided to continue the case to the November 14� 2006 meeting. Passed: Unanimous roll call vote. ......................................................................... ......................................................................... ......................................................................... VI. Planning Issues: None Adjournment: Commissioner Wallace SECOND: Commissioner Teraberry. Passed: Unanimous roll call vote. VII. � The meeting was adjourned at 9:30 p.m. MINUTES APPROVED AND SIGNED BY CHAIRMAN PAUL ALLDREDGE ON THE DATE NOTED BELOW: . � �� ;� �-, - ;�',�`� �° , `�;. � � ,r �� CJ� Attest: I'aul Alldre g � Date � � Community Development Director �