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HomeMy WebLinkAbout05 Hearing Examiner PLAN +fit G AND ZONING ear ITEM DATE SUBMITTED BY ( 2-Jo lq? t 111q( q1 P4- 7- P2.- 3 11/ 99 PEE PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: ZD1 STREET ADDRESS: -/-i7/4K CITY/STATE/ZIP: _i�re2 W/w A we �l7` T1 S3LK-- NAME OF CASE BEING HEARD: C c>P ° 7 - 9 ******************************************************************************************** Check the appropriate line: Applicant or Representative I Neutral/ wish to speak I do not wish to speak In favor/ I Opposed/ wish to speak I wish to speak do not wish to speak I do not wish to speak Written comments may be attached to this form or you may write them in below. pal BEFORE THE PLANNING AND ZONING COMMISSION CITY OF CALDWELL,IDAHO IN THE MATTER OF THE APPLICATION OF ) CASE NO. SUP-50-98, COURSE TERRY BENNETT FOR A SPECIAL USE ) OF PROCEEDINGS, GENERAL PERMIT TO PLACE A CLASS B ) FACTS,TESTIMONY,APPLICABLE MANUFACTURED HOME ON LOTS 2 ) LEGAL STANDARDS,COMPRE- THROUGH 5 IN BENNETT ESTATES ) HENSIVE PLAN ANALYSIS,FINDINGS SUBDIVISION ) OF FACT, CONCLUSIONS OF LAW, ) AND ORDER OF DECISION I COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application SUP- 50-98 to be held on December 10, 1998. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On November 20, 1998, notice was published in the Idaho Press Tribune; on November 23, 1998, notice was mailed to all property owners within 300 feet of the project site and to all political subdivisions serving the site, and on December 3, 1998,notice was posted on the site. 1.2 Files and exhibits relative to this application are available for review in the Community Development Department and were available for review at the hearing. II GENERAL FACTS 2.1 APPLICANT(S): Terry and Laurel Bennett, 4104 Pintail Lane,Nampa, ID. 83686 2.2 OWNER(S): Same as Applicants. 2.3 REQUEST:The Applicants request approval of a Special Use Permit to place a Class B manufactured home on lots 2 through 5 respectively in Bennett Estates Subdivision. 2.4 BACKGROUND INFORMATION: Bennett Estates,a 5-lot manufactured home subdivision,received final plat approval from City Council on June 1, 1998. At the time of plat submittal, the Zoning Ordinance permitted manufactured home subdivisions to be approved with minimum lot sizes of 5000 square feet. Lot 1 is over 11,000 square feet and had an existing dwelling on site at the time of plat approval;Lots 2 through 5 are 5000 square feet respectively. The face of the plat notes that Bennett Estates is a"Manufactured Home Subdivision," which means that lots 2 through 5, because of the lot sizes, are permitted only for manufactured home development. 2.4.1 Subsequent to approval and recordation of the plat,the Zoning Ordinance was amended to delete the special requirements for manufactured home subdivisions. The Ordinance, as amended,does not make a distinction between a subdivision that develops with site-built dwellings or with manufactured homes. All lots within any proposed subdivision are required to meet the minimum lot sizes of the underlying zone. 2.4.2 Section 10-02-02, Land Use Schedule, Table 1, of Zoning Ordinance No. 1451, permits Class A manufactured homes to be placed on individual lots in all residential districts; Class B manufactured homes are permitted by special use permit approval to be placed on individual lots in all residential zones. Class A homes must be multi-sectional and enclose a space of not less than 1000 square feet. They must have a roof pitch no greater than 3' in height for each 12' in width; must have exterior siding and roofing that is similar in material and color to the exterior siding of site-built homes;and they must be placed on permanent foundations and declared real property. Class B homes are those that do not meet the criteria established for a Class A home; however, they must have been constructed after June 1, 1976 in compliance with HUD Codes. A permanent foundation is not required; however, the home cannot be declared as real property unless it is placed on a permanent foundation. 2.5 LOCATION: 1403, 1409, 1415, and 1417 North First Street. 2.6 NATURAL RESOURCES AND HAZARDOUS AREAS:The project site is within the near vicinity of the Boise River and is considered to be within a 500-year floodplain. At the time of building permit application for each manufactured home, each lot will be accessed for floodplain compliance, if any. 2.7 LAND USE: The site is zoned R-2, R-2 borders the subdivision on the west and south boundaries. Commuter Estates, another manufactured home subdivision(undeveloped)borders Bennett Estates on the north. The near neighborhood consists of a mixture of site-built and manufactured homes. 2.8 COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential. 2.8.1 Medium-Density Residential is defined as an area"suitable primarily for single-family residences, as well as two- and three-family dwellings. Other uses characteristic of medium-density residential areas such as churches,schools,group day care facilities,public facilities and limited neighborhood commercial uses are appropriate. Mobile home parks and mobile home subdivisions may be located in designated and selected medium-density areas. The residential density will be from 7 to 9 dwelling units per net acre." 2.9 AREA OF CITY IMPACT: The project site is not within the Area of City Impact. 2.10 PUBLIC FACILITIES: 2.10.1 Schools - The Caldwell and Vallivue School Districts were notified of the hearing November 23, 1998. 2.10.2 Fire Protection—Approval of the subdivision was granted by the Fire Marshal at the time of final plat review. 2.10.3 Utilities-Water/Sewer-The subdivision is served by City utilities. 2.10.4 Stormwater—Stormwater compliance was met at the time of plat approval. 2.11 TRANSPORTATION: The lots are accessible from North First Street. 2.12 PARKS, RECREATION AND OPEN SPACE: The Applicant does not propose providing parks, recreation or open spaces. 2.13 HISTORIC AREAS: This property is not within the City's Area of Historic Significance. 2.14 HOUSING: The site was developed as manufactured home subdivision and will provide for four individual dwellings. 2.15 COMMUNITY DESIGN: There is no landscaping and the subdivision fronts North First Avenue, which is not an arterial street. III TESTIMONY/EXHIBIT LIST 3.1 Linda James presented the staff report and Exhibit PZ 1000, a copy of an Assessor's map showing the site and surrounding zoning. 3.2 Terry Bennett,Applicant, testified that he is having trouble selling the lots and that several persons that own Class B manufactured homes have shown an interest in buying a lot(s). IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell 1977 Comprehensive Plan, as amended. 4.2 City of Caldwell Zoning Ordinance No. 1451, as amended. 4.3 Idaho Code, Chapter 65,Local Planning Act V COMPREHENSIVE PLAN ANALYSIS 5.1 The request is in compliance with the following Comprehensive Plan components: Housing Goal and Policies 5b and 5c. VI FINDINGS OF FACT 6.1 Accept the General Facts outlined in the staff report as Findings of Fact and include testimony presented. VII CONCLUSIONS OF LAW 7.1 The hearing was properly noticed;the Commission has the authority to approve or deny special use permits; and the hearing was conducted under the guidelines of applicable ordinances and codes. VIII ORDER OF DECISION 8.1 Based on the Findings of Fact and Conclusions of Law, Planning and Zoning Commission members find that Case No. SUP-50-98, a request by Terry Bennett to place a Class B manufactured home on each of four respective lots in Bennett Estates Subdivision is approved, with the following conditions: 8.2 The specific terms and conditions placed on this Special Use Permit shall run with the land and remain valid upon a change of ownership,or until such time that the Permit may be revoked,become invalid, or replaced with another approved use. The Special Use Permit is not transferable from the approved sites to other sites. 8.3 The Applicants, or future assigns having an interest in the subject property, shall fully comply with all conditions placed upon this Special Use Permit. 8.4 No changes in the conditions and terms of this Special Use Permit, as approved, shall be undertaken by the Applicants, or future assigns having an interest in the subject property, until the Community Development Director has reviewed the proposed changes and approval for amendment has been granted through the public hearing process. 8.5 Any violation of the terms and conditions of this Special Use Permit by the Applicants, or future assigns having an interest in the subject property, will be deemed a misdemeanor and subject to the provisions set forth in Idaho Code, 18-113. Each day's continued violation will be deemed a separate offense. 8.6 All applicable permits shall be received prior to the placement of any home on any of the lots. 8.6 The minimum foundation for each lot shall consist of a System A foundation, as defined in Idaho Code,Title 44, Chapter 22. 8.7 The owner of each lot shall also be the owner and occupant of the respective home. PLANNING AND ZONING COMMrvIISSION MEMBERS APPROVED CASE NO. SUP-50-98 AT A PUBLIC HEARING HELD DECEMBER 10, 1998. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW,AND THE DECISION WAS APPROVED BY PLANNING AND ZONING COMMISSION MEMBERS AT A REGULARLY SCHEDULED MEETING HELD JANUARY 14, 1998. / �� / / ..a, �� ATTEST: ice Chairman Charles Murp( '' Community De-41.J., ent Director CALDWELL PLANNING AND ZONING COMMISSION MINUTES OF DECEMBER 10,1998 Call to Order—Chairman Roos called the meeting to order at 7:00 p.m. II. Roll Call Members Present: Bill Roos,Charles Murphy,Janie Archuleta Member Absent: Reed Taylor Staff Present: Linda James,Joan Holmes Legal Counsel: None III. Review of Proceedings-Chairman Roos reviewed the procedures for public hearings. IV. Poll Members for Conflict of Interest - Chairman Roos polled members for conflicts of interest: there were none. Old Business— A. Approve minutes of November 12, 1998 and minutes of November 23, 1998—Motion: Commissioner Murphy. Second: Commissioner Archuleta. Approve as written. Passed: Unanimous voice vote. B. Approve recommendations on the following cases: Case No.ZON-04AA-98(Newell LaVoy); and ZON-04A- 94 and SUB-25P-98 (West Valley Estates Phases 6, 7, 8). Motion: Commissioner Murphy. Second: Commissioner Archuleta. Approve the recommendations for the referenced cases as written. Passed: Unanimous voice vote. VI. New Business-Hearings A. Case No. SUB-28F-98 (Falcon Ridge No. 2), a request by K&L Development for final subdivision plat approval to develop 29 residential lots located in a R-2 zone. The subject site is located at the southwest corner of the intersection of Montana and Homedale Road,and lies adjacent to the southern boundary of Silverbow Estates. Testimony— Linda James presented the staff report and testified that the plat was the same as the preliminary except Talon Court will interconnect with West Valley Phase 7, thereby eliminating one lot. The hearing was noticed properly and the$37,500 bond was submitted to engineering. Kevin Amar,Applicant's Representative,testified he would answer any questions. He also stated that all lots meet the minimum requirements for size. Public Testimony Closed—Chairman Roos closed public testimony. Findings of Fact—Motion: Commissioner Murphy. Second: Commissioner Archuleta. Accept the general facts outlined in the staff report as Findings of Fact and include the fact that the case was noticed properly and the bond was submitted to engineering. Passed: Unanimous roll call vote. Conclusions of Law—Motion: Commissioner Murphy. Second: Commissioner Archuleta. The Commission has the authority to hear this case and to make a recommendation to the Mayor and City Council for approval or denial; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation to City Council—Motion: Commissioner Murphy. Second: Commissioner Archuleta. Based on the Findings of Fact and Conclusions of Law,recommend to the Mayor and City Council that Case No. SUB- 28F-98 (Falcon Ridge No. 2), a request by K&L Development for final subdivision plat approval to develop 29 residential lots is approved. Passed: Unanimous roll call vote. Public Hearing Closed—Chairman Roos closed the public hearing. B. Case No. SUP-50-98, a request by Terry Bennett to place a Class B manufactured home on lots 2 through 5 respectively of Bennett Estates Subdivision. The lots are more commonly known as 1403, 1409, 1415, and 1417 North First Avenue. Testimony— Linda James presented the staff report and Exhibit PZ1000, a copy of the Assessor's map showing the subject site and surrounding zoning. Terry Bennett, Applicant, testified he has not been able to sell any lots yet, and has had several requests by homeowners of Class B homes to purchase a lot in his subdivision. Public Testimony Closed—Chairman Roos closed public testimony. Comprehensive Plan Analysis-Motion: Commissioner Murphy. Second: Commissioner Archuleta. The request is in compliance with the following Comprehensive Plan components: Housing Goal, and Policies 5B and 5C. Passed:Unanimous roll call vote. Findings of Fact—Motion: Commissioner Murphy. Second: Commissioner Archuleta. Accept the general facts and testimony as Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law Motion: Commissioner Archuleta. Second: Commissioner Murphy. The Commission has the authority to hear this case and approve or deny; the hearing was legally noticed and was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision—Motion: Commissioner Murphy. Second: Commissioner Archuleta.Approve Case No. SUP- 50-98 with the standard conditions outlined in the staff report and include the following conditions: the minimum foundation for each lot shall consist of a System A foundation as defined in Idaho Code, Title 44, Chapter 22; and the owner of each lot shall also be the occupant and owner of the respective home. Passed: Unanimous roll call vote. Public Hearing Closed —Chairman Roos closed the public hearing and noted that anyone wishing to appeal the decision of the Commission is to contact the Community Development Director. *************************************************************************************** VII. Planning Issues— A. Linda James informed members that a joint workshop with P&Z Commission and City Council is scheduled for Thursday,January 7 at 5:30 p.m.to discuss the Manufactured Home Development ordinance amendment. B. Chairman Roos announced his decision not to seek reappointment as a commission member. VIII. Adjournment—Chairman Roos adjourned the meeting at approximately 7:45 p.m. MINUTES APPROVED AT A REGULARLY SCHEDULED MEETING HELD JANUARY 14, 1998. Ott Vice Chairman Charle Murphy Community Develo to Director CALDWELL PLANNING AND ZONING COMMISSION MINUTES OF JANUARY 14, 1999 Call to Order—Vice Chairman Murphy called the meeting to order at 7:00 p.m. II. Roll Call Members Present: Charles Murphy,Janie Archuleta,Matt Beebe Member Absent: Reed Taylor Staff Present: Linda James,Bud Knickerbocker,Joan Holmes Legal Counsel: Mark Hilty III. Review of Proceedings-Vice Chairman Murphy reviewed the procedures for public hearings. IV. Poll Members for Conflict of Interest - Vice Chairman Murphy polled members for conflicts of interest: there were none. Old Business— A. Approve minutes of December 10, 1998— Motion: Commissioner Archuleta. Second: Commissioner Beebe. Approve as written. Passed: Unanimous voice vote. B. Approve Recommendation on Case SUB-28F-98 (Falcon Ridge Estates No. 1, Phase 2) and Order of Decision on SUP-50-98 (Terry Bennett Class B Manufactured Homes) - Motion: Commissioner Archuleta. Second: Commissioner Beebe. Approve the recommendations for the referenced cases as written. Passed: Unanimous voice vote. VI. New Business A. Election of Officers - Motion: Commissioner Archuleta. Second: Commissioner Beebe, to elect Charles Murphy as Chairman, Reed Taylor as Vice Chairman, and Janie Archuleta as Secretary. Passed: Unanimous voice vote. B. Hearings 1. Case No. OA-21-99, a request by the Caldwell Community Development Director to adopt an official zoning map that supersedes and replaces the official zoning map adopted December 13, 1977 by the Caldwell City Council as a part of Zoning Ordinance No. 1451. The new map includes all rezones and annexations that have occurred since December 13, 1977 and will bring the official zoning map up-to- date. All of the respective zone boundary changes that are made a part of the map received prior approval by the City Council following public hearing requirements set forth in Idaho Code, Chapter 65, Local Planning. Testimony— Linda James presented the staff report and testified that the proposed map will be of benefit to both the public and the City. Public Testimony Closed—Chairman Murphy closed public testimony. Findings of Fact— Motion: Commissioner Archuleta. Second: Commissioner Beebe. Accept the general facts outlined in the staff report as Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law—Motion: Commissioner Archuleta. Second: Commissioner Beebe. The Commission has the authority to hear this case and to make a recommendation to the Mayor and City Council for approval or denial; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation to City Council-Motion: Commissioner Archuleta. Second: Commissioner Beebe. Based on the Findings of Fact and Conclusions of Law,recommend to the Mayor and City Council that Case No. OA-21-99 QA Mitch Bicandi, owner of property west of proposed site and president of the ditch company servicing this area, testified he was neutral but expressed concerns of drainage, and questioned whether he could continue farming, because of the dust he creates. Amy Woodruff; Applicant's Engineer testified that the runoff generated by the interior streets will be reviewed and approved by the Notus Parma Highway District; JUB is the engineering firm designing the drainage system; all Code requirements will be met; Code will not permit drainage from the subdivision to flow onto adjacent properties. Jerry Trammel states in rebuttal that Idaho has a Right to Farm Law ensuring Mr. Bicandi's ability to farm, and they will abide by Idaho Code. Public Testimony Closed—Chairman Murphy closed public testimony. Comprehensive Plan Analysis on Case No. SUB-29P-99 - Motion: Commissioner Archuleta. Second: Commissioner Beebe. The request is in compliance with the Comprehensive Plan Map designation of Commercial. Passed:Unanimous roll call vote. Findings of Fact— Motion: Commissioner Archuleta. Second: Commissioner Beebe. Accept the general facts and testimony outlined in the staff report as Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law—Motion: Commissioner Archuleta. Second: Commissioner Beebe. The Commission has the authority to hear this case and to make a recommendation to the Mayor and City Council for approval or denial; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation to City Council-Motion:Commissioner Archuleta. Second: Commissioner Beebe. Based on the Findings of Fact and Conclusions of Law,recommend to the Mayor and City Council that Case No. SUB-29P- 99, (20/26 Commercial Park Subdivision) is approved with the conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed—Chairman Murphy closed the public hearing. VII. Planning Issues— No Planning Issues were discussed. VIII. Adjournment—Chairman Murphy adjourned the meeting at approximately 9:35 p.m. MINUTES APPROVED AT A REGULARLY SCHEDULED MEETING HELD FEBRUARY 11, 1999. ,/ ' TTEST: airman Charles Murphy / Community Develo irector