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HomeMy WebLinkAbout12-14-2010 P&Z MINUTES k Caldwell Planning & Zoning Commission �_��;��,�,�,���.��. MINUTES � c:c - 1_! �'i -11 _ ; �" �"` � ���{ December 14, 2010 I. Call to Order — Chairperson Scholz called the meeting to order for the public hearing at approximately 7:05 p.m. II. Roll Call — Members Present: Ken Scholz, Ed Doty-Pomoransky, Dana Vance, David Clark and Arvid Salsbury. Disclosures: None Members Absent: None Staff Present: Anne Marie Skinner (Senior Planner/Development Team Leader), Brent Orton — arrived approximately 7:30 p.m. (Public Works Director), Brian Billingsley (Planning Director), Mark Hilty (City Attorney) and April Cabello (Planning Technician) Staff Absent: None Review of Proceeding —Chairperson Scholz announced the procedures for the public hearing. III. Old Business A. Approve Minutes of September 14, 2010 meeting as signed by Chairperson Scholz on September 25, 2010. MOTION: Commissioner poty-Pomoransky SECOND: Commissioner Clark. Unanimously approved. B. Chairperson Scholz announced on record that Case Number OA-133-10 under "Additional Old Business" has been continued to the February 8, 2011 Planning & Zoning Hearing at the request of the applicant. IV. New Business A. Case Number SUB-193(E)-OS a request by SA Group Properties Inc. and Civil Survey Consultants for a time extension for the preliminary plat of Sawgrass East Commercial Subdivision located on the northeast corner of Florida Avenue and Ka�cher Road. Testimony: 1 P&Z �vlinutes 12L14/2010 1) Anne Marie Skinner, Senior Planner/Development Team Leader, presented the staff report and submitted an aerial photo labeled as e�chibit PZ-1000. 2) Ms. Skinner presented the general rules applicable to approving or denying a time extension request. 3) Chairman Scholz inquired regarding the status of the properiy to the south of the subject property. 4) Ms. Skinner responded that the property to the south of the subject property has a current preliminary plat approved known as Legacy Falls Subdivision. Said subdivision has had one time extension request approved and is eligible for another time extension in the fall of 2011. 5) Chairman Scholz responded that he was trying to get a feel for the area and it sounded like the surrounding corners all had current commercial preliminary plat subdivision approval. 6) Ms. Skinner responded in the affirmative. 7) Jim Money, applicant's representative, testified in favor of the time extension request with the primary reason of the request being the economy and no buyers were coming forward at the present time for commercial lots and additional time is needed. The intersection will go commercial sooner rather than later. - 8) Chairman Scholz inquired as to the current owner. 9) Mr. Money responded that the current owner is the bank and the property had previously been owned by Ron Bath. 10) Ms. Skinner clarified that SA Group Properties is a division of US Bank. 11) Chairman Scholz clarified with Mr. Money that the bank had foreclosed on Mr. Bath and that SA Group Properties is now in charge of developing the property. 12) Mr. Money answered in the affirmative. 13) Commissioner Vance inquired as to whether or not SA Group Properties would actually develop the property or sell the property. 14) Mr. Money responded either could be the case — they are keeping their options open. 15) Chairman Scholz clarified that the bank is not looking to develop the property themselves and hold onto the entitlements until a prospective buyer is able to purchase and commence with construction. 16) Mr. Money responded that he didn't know for sure but assumed Chairman Scholz's statement was correct. 17) Chairman Scholz stated the sign-up sheets indicated no one had signed up in neutral. 18) Chairman Scholz stated the sign-up sheets indicated no one had signed up in opposition. 1VIOTION TO CLOSE T�STIMONY: Commissioner Vance SECOND: Commissioner Clark Passed: Unanimous roll call vote. Findings of Fact on Case Number SUB-193(E)-08 — Accepted MOTION: Commissioner Doty-Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote. Conclusions of Law on Case Number SUB-193(E)-08 — The conclusions of law were read and accepted. MOTION: Commission Vance SECOND: Commissioner Clark Passed: Unanimous roll call vote. 2 P&Z Minutes 12/1412QI0 Order of Decision on Case Number SUB-193(E)-08 — MOTION: Commissioner poty- Pomoransky SECOND: Chairman Scholz Approved with conditions 6.1— 6.3. B. Case Number SUP-341-10 a request by the City of Caldwell and Reach The Peak Foundation for special use permit approval to expand Curtis Park uses to include vault rest rooms, 3 picnic shelters with kitchens and 26 camp sites with fire rings. Curtis Park is located north of the Boise River in Township 4 North, Range 3 West, Section 10 and has a Tax Paxcel Number of R34669. Testimony: 1) Anne Marie Skinner, Senior Planner/Development Team Leader, presented the staff report and submitted an aerial photo labeled as e�iibit PZ-1000. 2) Commissioner Clark wondered if the existing dirt road would be covered with asphalt. 3) Ms. Skinner responded that it was not part of the request and she was unaware of either the applicant or the city having plans to cover the dirt road in asphalt. 4) Commissioner poty-Pomoransky inquired as to the maintenance of the dirt road. 5) Ms. Skinner did not know who maintains the road, only that the road is not city property and is not part of the park and is not public right- of-way. 6) Commissioner Clark clarified that it's privately maintained and that it's a one-vehicle lane. 7) Ms. Skinner again clarified that the lane is not city property and that it must be an easement because it's not separated out as public right-of- � way. 8) Commissioner Vance wanted to know if the camping would be paid or not. 9) Ms. Skinner indicated fees would be charged and deferred to the applicant for more specifics regarding fees. 10) Don Cornell, applicant, testified in favor of the application. He stated he's been working with the City of Caldwell for almost 2 years now. What's being proposed is a joint venture between Reach The Peak and the City of Caldwell to make Curtis Pazk available to more non-profit youth groups by increasing the use of Curtis Park. 11) Mr. Cornell further stated that the access is really bumpy. Most of the proposed improvements will be accomplished by Eagle Scouts and service projects involving the youth and the community. Currently there are 12 campsites with fire rings. Those will be increased to 26 campsites. Mr. Cornell hopes to manage it similar to a state park to protect the environment and have it be able to be utilized by more people. Areas for the kitchens were determined by the location of the flood plain. Many Eagle projects have cleaned up the site over the past few years. Mr. Cornell would like to establish a history site and incorporate the Kiwanis history into that site. 12) Chairperson Scholz clarified that Reach The Peak is a non-profit foundation. 13) Mr. Cornell responded in the affirtnative. T4) Chairperson Scholz clarified the 80-20 split with the city. 3 P&Z Min�tes 12/14/2010 15) Mr. Cornell responded in the affirmative and further confirmed that maintenance would take place by the Reach The Peak Foundation, not the ciTy. 16) Chairperson Scholz inquired as to the nature of the spending of the remaining funds. 17) Mr. Cornell explained that moneys would go back into the park and into other youth projects. He further stated the goal is to obtain some sort of water source for irrigation since it currently has no irrigation water rights. 18) Chairperson Scholz asked if a contract was in place with the city. 19) Mr. Cornell responded that the contract was not yet in place, that he was waiting for special use permit approval first. 20) Chairperson Scholz wondered about access to the site. 21) Mr. Cornell responded that the road is an easement and the plan is to place road mix on the lane which would also help the houses on the way. There are no intentions to pave. 22) Commissioner Salisbury inquired regarding liability. 23) Mr. Cornell responded that Reach The Peak maintains liability insurance. 24) Chairperson Scholz wondered about security. 25) Mr. Cornell replied there is currently an on-going problem with people jumping the fence. There is a camp masters program that will always have adults present whenever groups are utilizing the site. Idaho Power has volunteered to bring in power as part of an Eagle project and Mr. Cornell believes lighting will help with security. 26) Chairperson Scholz wondered about an on-site security guard. 27) Mr. Cornell responded that consideration has been given to such an idea as the park grows. 28) Chairperson Scholz wondered about funding for the improvements. 29) Mr. Cornell responded that Reach The Peak has investors. 30) Commissioner Vance wondered about the management of other similar projects and stated Curtis Park has been an historically troubled area. 31) Mr. Cornell replied that one of the projects has very little problem, but since Curtis Park is an urban park area there are more problems with security. A security committee has been formed and the chairman of that committee is on the Boise Police Department. 32) Commissioner Salisbury wondered about the regulating of reservations. 33) Mr. Cornell said it would all depend upon the needs of each group. There is also maintenance staff and individuals with cell phones to monitor the site and groups who did not have a reservation. 34) Diana VVallace signed as neutral. Her property is adjacent to the north of Curtis Park. She is also speaking for Bob Hannah who owns the property to the east. Both the Wallace and the Hannah properties are contiguous to Curtis Park. 35) Ms. Wallace has owned her property since 1984. The park was virtually abandoned by the City for years. In the last 4-5 years the park has been better maintained and the use more controlled. Mr. Hannah and Ms. Wallace are not opposed to the project at all. The only concern regards the fencing between the properties. There is a problem with people crawling through the barbed wire fence and cutting the barbed wire fence to obtain access to the Boise River. 4 P&Z Minutes I2/14120I0 � 36) Ms. Wallace would like to see, as a condition, better fencing along her property line and Mr. Hannah's property line. She stated that she was unaware of any easement agreement with the city over the access road. She was sure there was an easement but she couldn't find it on any of her legal documents. She referenced a gate at the end of the road that she would like to remain. 37) Conversation took place between the commissioners and Ms. Wallace regarding the fence issue. It was clarified that most problems take place down by the river. The current fencing is maintained by Ms. Wallace. 38) The commissioners wondered about the length of fencing required. 39) Ms. Skinner stated the east boundary of Curtis Park is 1,241 feet long and the northerly boundary is twice as long as the east boundary. 40) Ms. Wallace would like the entire length of property to be fenced, both northerly and easterly properiy lines. Ms. Wallace stated that they experience 15-25 persons per year crossing through the fence. 41) Commissioner Vance wondered if Ms. Wallace and/or Mr. Hannah would be interested in participating in the financial burden of such fencing. 42) Ms. Wallace responded "probably not". 43) The commissioners were unsure how to handle the fencing situation due to the considerable cost involved and wondered if Ms. Wallace had spoken with Mr. Cornell regarding the issue. 44) It was suggested by Chairperson Scholz that perhaps "No Trespassing" signage would help and wondered if repairs to the existing fence would also help. 45) Ms. Wallace responded that the fence is already present as a four- strand barbed wire fence and keeps the cattle out of the park but doesn't keep the people from out of her property. It was suggested to install an electric fence. 46) Jason Wallace signed as neutral but chose not to speak. 47) Bill Morrow testified in opposition to the proposed expanded uses. He spoke on behalf of and as a member of the Kiwanis Club. He explained the City's ownership goes back to 1910 and the original deed has a reference to easement to Curtis Park. He outlined the Kiwanis Club history with the development and upkeep of Curtis Park in concert with the City of Caldwell. He further stated there was a three-phase comprehensive plan developed by Tom Ensley for the park. This was done in conjunction with the City's Parks and Recreation Department. He outlined what was involved in each phase and stated the first phase was complete and reiterated that a tremendous amount of work had already been accomplished. 48) Mr Morrow explained the Kiwanis Club built two observation decks and a boardwalk and installed two kiosks that were designed to have informational brochures for natural use of the park. The brochures were quickly stolen and thrown away so those aren't stocked with brochures any longer. 49) Mr. Morrow explained the Kiwanis Club also developed the gravel parking lot that is currently in existence. He further stated grants from the Whittenberger Foundation have been utilized to improve the park, including to specifically partner with the College of Idaho and catalog and inventory all of the flora existing in the park. He stated a deed restriction is contained within the deed that the park is conveyed to the 5 P&Z Minutes 12/14/2010 � City of Caldwell so long as it's used as a public park and it sounds like Mr. Cornell is proposing more of a private park rather than a public park with the fees. Further he is unaware of the twelve developed camp sites referenced by Mr. Cornell. He suspects the deed restriction may have a bearing on how the use of the park is developed in relationship to the current application. 50) Commissioner Vance summarized his statements as such that the park would no longer be public under the current proposal. 51) Mr. Morrow feels that some portions of the proposal are good and others would detract from the way the park has been developed over the past several years. 52) Chairperson Scholz clarified that Mr. Morrow was thinking the proposed use would not be in keeping with the Kiwanis Club objectives. 53) Mr. Morrow concurred. He feels the Kiwanis Club maintains Curtis Park and has requested the City to do work out there. The Club goes out on projects twice a year. The proposed use will lessen the natural state of the park and lose some of what the park was originally intended to be used for. 54) Mr. Morrow concurred, especially with the charging of fees. 55) Commissioner Clark wondered how the public would be prevented from using the park. 56) Mr. Morrow stated he felt, from Mr. Cornell's explanation, that the park would be closed to the public and only accessible to private groups. 57) Commissioner Clark explained how the park is currently used and he didn't understand how Mr. Cornell's proposal would change the usage, except for the collection of fees. 58) Mr. Morrow stated that more development would impinge upon the natural setting of the park. Mr. Morrow's last communication with the City, regarding the park, was about three years ago. 59) Lorraine Mann testified in opposition to the proposal. Her objections include those stated by Mr. Morrow. She reiterated the Kiwanis role in the boardwalk and the park as a whole. As a botanist, she definitely feels his proposal would change the nature and character of the pazk. It's a great idea, but not for Curtis Park. She opposes the paintball activities as being contrary to the benefit of the park. 60) Discussion was held amongst the commissioners and Ms. Mann regarding a partnership between the applicant and the Kiwanis to preserve the flora. 61) Paul Mann signed in opposition, but chose not to speak. 62) Keitha Hahn signed in opposition, but chose not to speak. 63) Chris Smi�h signed in opposition, but chose not to spealc. 64) Don Cornell, applicant, responded to the prior neutral and opposing testimony. He pointed out the location of the proposed kitchen sites in response to Chairperson Scholz's inquiry. He stated all of the flora and fauna areas are in the flood zone and structures are not allowed to be built in this area. He stated he has been working in conjunction with City over the past two years to help refurbish the boardwalk and re- paint the restrooms. He pointed out the location of the twelve established camp sites and acknowledged that he didn't want to overdevelop the area. He is more than happy to work with the Kiwanis. He is working with Nancy Merrill, the Parks and Recreation 6 P&Z Minutes I 2! 14/20 �fl D. Case Number OA-136-10 a request by the Pathways and Bike Route Committee and the Planning and Zoning Department to amend the Caldwell City Code, Section 10-07-11, concerning pathway landscaping standards. Testimony: 1) Brian Billingsley, Planning Director, presented the staff report and outlined the proposed changes to the landscaping ordinance as being primarily to add standards and requirements for public pathways and public pathways landscaping. 2) Paul Mann testified in favor of the proposed ordinance amendment. MOTION TO CLOSE TESTIMONY: Commissioner poty-Pomoransky SECOND: Chairman Scholz Passed: Unanimous roll call vote. Comprehensive Plan Analysis OA-136-10 — Accepted MOTION: Commissioner Vance SECOND: Commissioner Clark Passed: Unanimous roll call vote. Recommendation on Case Number OA-136-10 — MOTION: Commissioner poty- Pomoransky SECOND: Chairman Scholz. The Commission voted unanimously to recommend ApprovaL V. Planning and Zoning Issues • None VI. Adjournment Adjourn public hearing MOTION: Commissioner Vance SECOND: Commissioner Clark Passed: Unanimous roll call vote. The meeting was adjoumed at approximately 9:10 p.m. MINUTES APPROVED AND SIGNED BY CHAIRMAN KEN SCHOLZ ON THE DATE NOTED BLEOW: ---�---..� #- �';�� �� , �. s /� �� _ , � Ken Sc z Date ATTEST: Anne Marie ner, Senior lann 4/De� e Lead r P&Z Mirmtes 8 1 Z/14/201 Q