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Home My WebLink About4-13-2010 P&Z MINUTES • �. CALDWELL PLANNING AND ZONING COMIVIISSION 1VIINUTES April 13 , 201.0 ' � ED c I. Call to O►•der — Chairperson Jakobson called the meeting to order for tl�e public hearing at 7:00 p.m. ' 11. Roll Call — 1VIembers Present: Mike Jakobson, Gene Shaffer, Ken Scholz, Ed Doty-Pomoransky and Dana Vance. Disclosures: None Members Absent: David Clark i StaffPresent: Anne Marie Skinner (Senior Planner/Community Development Coordinator) and April Cabello (Planning Technician) Staff Absent: Brent Orton (Public Works Director) and Brian Billingsley (Planning Director) Review of Proceeding — Chairperson Jakobson announced the procedures for the public hearing. III. OLD BUSINESS A. Approve minutes of February 9, 2010 meeting as signed by Chairperson Jakobson on March 1, 2010. MOTION: Commissioner Shaffer SECOND: Commissioner Scholz. IV. NEW BUSINESS A. Case Number SUB-141E-06 a request by Howell Murdoch and Mason & Stanfield for a time extension request for the preliminary plat of Sienna Hills Subdivision located on the east side of Indiana Avenue, approximately'/4-mile south of Karcher Road, approximately '/2 mile south of Orchard Road. Testimony: � 1) Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented the staff report and submitted an aerial photo labeled as e�ibit PZ- 1000. Ms. Skinner read into the record a letter of opposition dated March 30, 2010 from Lucile Wills, Don L. Wills, Jerry Bartlett, Teresa Bartlett, Leann 1 P&Z Minutes 4/13/2010 White and Jim Guches labeled as exhibit PR-1 from the case file. Ms. ` ' � , Skinner stated per Jeff McFrederick, City Engineering Department, that Sienna Hills Subdivision phases 1& 2 are in compliance with City regulations otherwise the city would not have allowed the phases to record. Ms. Skinner also stated the issue with the irrigation is a civil matter between the complainants' attorney and the developer's attorney. 2) Scott Stanfield, applicant's representative, signed in favor of the application and provided supporting testimony. 3) Commissioner poty-Pomoransky asked Mr. Stanfield to address the ditch issue that was mentioned in eachibit PR-1. 4) Mr. Stanfield stated, per the applicant, there was no record of an irrigation ditch or waste ditch shown in pictures of the land before the applicant purchased it and the property owners were offered an easement across the property but the property owners would need to do their own irrigation system construction within the easement. None of the property owners responded nor took the offer. 5) Mike Bruett signed in neutral of the application and stated his concern regarding weed control. 6) Lucile Wills signed in opposition and provided opposing testimony regarding the irrigation ditch. 7) The Commissioners and Staff conversed with Ms. Wills regarding the irrigation ditch. 8) Don Wills signed in opposition and provided opposing testimony regarding the irrigation ditch. 9) Jim Guches signed in opposition and provided opposing testimony regarding the lack of weed control. 10) Ms. Skinner asked the opposing properiy owners to contact the P& Z Code Enforcement and place a complaint about the weed control. 11) Chairman Jakobson reiterated the irrigation matters are a legal matter between the two parties. 12) Mr. Stanfield stated in rebuttal he will not address the irrigation ditch because that is between the attorneys but he will ask the applicant to address the weeds. MOTION TO CLOSE TESTIMONY: Commissioner Shaffer SECOND: Commissioner poty- Pomoransky Passed: Unanimous roll call vote. Findings of Fact on Case Number SUB-141E-06 — Accepted MOTION: Commissioner Sliafer SECOND: Commissioner Scholz Passed: Unanimous roll call vote. Conclusions of Law on Case Number SUB-141E-06 —The conclusions of law were read and accepted. MOTION: Commissioner Jacobson SECOND: Commissioner Vance Passed: Unanimous roll call vote. ORDER OF DECISION on Case Number SUB-141E-06 - MOTION: Commissioner Shafer SECOND: Commissioner Scholz Approved with conditions 6.2 through 6.10. 2 P&Z Minutes 4/13/2010 , I I � � B. Case Number ANI�i-180-10 a request by Scott R. and Connie J. Hoover for annexation of .25 acres with an R-1 (low density residential) zonin� designation. The site is addressed as 3809 South Montana Avenue, Caldwell, 1D 83605. Testimony: 1) Anne Marie Skinner, Senior Planner/Community Development Coordinator, I presented the staff report and submitted an aerial photo labeled as exhibit PZ- 1000. I 2) Scott Hoover, applicant, signed in favor of the application and provided �I supporting testimony. ' 3) Connie Hoover, applicant, signed in favor of the application and provided ' supporting testimony. MOT10N TO CLOSE TESTIMONY: Commissio»er poty-Ponloransky SECOND: I� Commissioner Vance Passed: Unanimous roll call vote. ' Comprehensive Plan Analysis ANN-180-10 — Accepted MOTION: Commissioner Vance I �I� SECOND: Commissioner poty-Pomot•ansky Passed: Unaniroous roll call vote. !, Findings of Fact on Case Number ANN-180-10 — Accepted MOTION: Commissioner Vance � SECOND: Commissioner Shaffer Passed: Unanimous roll call vote. I Conclusions of Law on Case Number ANN-180-10 —The conclusions of law were read and accepted. MOTION: Commissioner.iacobson SECOND: Commissioner Vance Passed: Unanimous roll call vote. Recommendation on Case Number ANN-180-10 - MOTION: Commissioner poty- Pomoransky SECOND: Commissioner Vance Ap�roved with conditions 8.2 through 8.3. C. Case Number ZON-68-10 a request by Eric Chaffin for a rezone from M-1 Light Industrial to C-3 Service Commercial for approximately .82 acres of land. The site is addressed as 2920 E. Linden Street. Testimony: 1) Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented the staff report and submitted an aerial photo labeled as exhibit PZ- 1000. 2) Eric Chaffin, applicant, signed in favor of the application and provided supporting testimony. MOTION TO CLOSE TESTIIVIONY: Commissioner Shaffer SECOND: Commissioner poty- Pomoransky Passed: Unanimous roll call vote. , Comprehensive Plan Analysis ZON-68-10 — Accepted MOTION: Commissioner Shaffer ' SECOND: Commissioner Scholz Passed: Unanimous roll call vote. 3 P&Z Minutes 4/13/2010 Findings of Fact on Case Number ZON-68-10 — Accepted MOT[ON: Coi»missioner poty- ' , Pomoransky SECOND: Commissioner Vance Passed: Unanimous roll call vote. Conclusions of Law on Case Number ZON-68-10 —The conclusions of law were read and. accepted. MOTION: Gommissioner Vance SECOND: Commissioner Shaffer Passed: Unanimous roll call vote. Recommendation on Case Number ZON-68-10 - IVIOTION: Commissioner Shaffer SECOND: Comvlissio»er Schalz Approved with conditions 8.2 through 8.5. D. Case Number ZON-67-10 a request by Sawgrass Village LLC and C. Laraway Designs for a comprehensive plan map change from Low Density Residential to High Density Residential and a rezone from R-1 Low Density Residential to R-3 High Density Residential for 1.1 acres o€ land; also requested is an amendment to an approved preliminary plat requiring a club house. The site is addressed as 16350 Key Largo Avenue and is known as Lot 2, Block 1 of Sawgrass Village Subdivision No. 1. Testimony: 1) Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented the staff report and submitted an aerial photo labeled as exhibit PZ- 1000. 2) Commissioner Vance asked for clarification of the current zoning. 3) Ms. Skinner responded it is zoned R-1 but it is part of an approved planned unit development in which they can use up to 30% of the site for a use that is not outright approved in an IZ-1 zone and the original developer (who is someone other than the applicant) chose to use the 30% with types of housing other than single family. 4) Commissioner poty-Pomoransky asked Ms. Skinner if there are plans for another club house. 5) Ms. Skinner deferred the question to the applicant. 6) Chris Laraway, applicant, signed in favor of the application and provided supporting testimony. 7) Commissioner Scholz asked the applicant if the club house would be torn down and if not will it be separated from the subdivision. 8) Mr. Laraway responded the club house would not be torn down and to his knowledge it would be separate from the subdivision. 9) Commissioner Scholz stated he was confused why the need for the rezone when it is currently zoned R-1. 10) Mr. Laraway replied it is cunently part of the common area for the subdivision and they want to remove the parcel as a common area and sell it separately as a home. 11) Commissioner poty-Pomoransky clarified with the applicant the parcel would be sold as a residence and the current zoning allows that to be sold as a residence but if the zoning is changed then it could be sold as a triplex or something larger. 12) Ms. Skinner confirmed that the parce) will be part of Sawgrass Village Subdivision and the zoning change will allow for multifamily housing. 4 P&Z Minutes 4/13/2010 "''' 13) Commissioner Shaffer stated that to his understanding this zoning is consistent with the other high density zoning surrounding the parcel. 14) Ms. Skinner stated it is not the zoning allowing the high density usage, but the approval of the planned unit development. 15) Commissioner poty-Pomoransky asked if the zoning is changed how many units would be allowed. 16) Ms. Skinner replied they would be allowed to go up to a sixplex but did not feel the house would be big enough to be converted to a sixplex. If they chose to tear down the structure the most they could build new would be a sixplex. 17) Commissioner poty-Pomoransky asked Mr. Laraway if the residence of Sawgrass have been notified that they will lose the club house privileges. 18) Mr. Laraway answered yes. 19) Commissioner Scholz stated his concerns regarding the different uses mixed together. MOTION TO CLOSE TESTIIVIONY: Commissioner Vance SECOND: Coitunissioner Scholz ' Passed: Unanimous roll cal] vote. I Comprehensive Plan Analysis ZON-67-10 — Accepted MOTION: Commissioner Shaffer SECOND: Commissioner poty-Pomoraiisky Passed: Unanimous roll call vote. Findings of Fact on Case Number ZON-67-10 — Accepted NIOTION: Commissioner poty- Pomoransky SECOND: Commissioner Vance Passed: Unanimous roll call vote. Conclusions of Law on Case Number ZON-67-10 —The conclusions of law were read and accepted. MOTTON: Commissioner Vance SECOND: Com►nissioner Scholz Passed: Unanimous roll call vote. Recommendation on Case Number ZON-67-10 -1VIOT10N: Commissioner Vance SECOND: Commissioner poty-Pomoransky Approved with conditions 8.2 through 8.4 E. Case Number PUD-204-10 a request by Advocates Agaiust Family Violei�ce,lnc., Hopes Door and Gowland Johanson Zimmerman Architecture, luc. for approval of a planned unit development on 3.84 acres in an R-3 Muitifamily High Density Residential zone located at the northeast corner of 14'�' Avenue and Elgin Street. Testimony: 1) Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented the staff report and submitted an aerial photo labeled exhibit PZ- 1000. 2) Dion Zimmerman, applicant's representative, signed in favor of the application and provided supporting testimony. 3) Brenda Cameron, applicant, signed in favor of the application and gave supporting testimony. 4) Stephanie Larson signed in favor of the application but did not wish to speak. � 5 P&Z Minutes 4/13/2010 MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Scholz ��' Passed: Unanimous roll call vote. Comprehensive Plan Analysis PUD-204-10 — Accepted MUTION: Commissioner poty- Pomoransky SECOND: Commissioner Shaffer Passed: Unanimous roll call vote. Findings of Fact on Case Number PUD-204-10 — Accepted MO'1'ION: Commissioner Vance SECONU: Commissioner Scholz Passed: Unanimous roll call vote. Conclusions of Law on Case Number PUD-204-10 —The conclusions of law �vere read and accepted. MOTION: Commissiouer poty-Pomoransky SECOND: Commissioner Scholz Passed: Unanimous roll call vote. ORDER OF DECISION on Case Number PUD-204-10 - MOTION: Commissioner Shafer SECOND: Commissioner Scholz Approved with conditions 8.2 through 8.12 V. Planning Issues • None VI. Adjournment Adjourn public hearing MOTION: Commissioner Shaffer SECOND: Commissioner Scholz Passed: Unanimous roll call vote. The meeting was adjourned at approximately 9:20 pm. MINUTES APPROVED AND SIGNED BY CHAIRPERSON MIK� JAKOBSON ON TH� DATE NOTED BL;LOW: / �' � � � - �-- ��r6 Mike Jakobson Date ; ATTEST: Anne M� inner, en eam Leader 6 P&Z Minutes 4/13/2010