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HomeMy WebLinkAbout05 Hearing Examiner PLANNING AND ZONING / /wt. ITEM DATE SUBMIT'i 'D BY Cep IItiq.ct 0,4,Ru v:) f4,b, T7, ictriP hum Pkv, tricLeir‘ 5-6 ,1(tmli, ��� , frdo Z7, i R�� Nutm.Intpit ems_, too() onwe 9 1,4�u. 0 COMMUNITY DEVELOPMENT DEPARTMENT Nr.-. s . �O+ ToO� '` (. ttr 21 CLEVELAND BLVD. CALDWELL, ID 83605 LINDA JAMES TELEPHONE 455-3021 Community Development Director FAX 455-3003 CALDWELL PLANNING AND ZONING COMMISSION MINUTES OF FEBRUARY 12, 1998 I. Call to Order- Chairman Bill Roos called the meeting to order at approximately 7:00 p.m. II. Roll Call Members Present: Charles Murphy, William Roos, ,Ray McLaughlin Members Absent: Reed Taylor, Mark Hess Staff Present: Linda James, Bud Knickerbocker, Charma Comer III. Review of Proceedings- Chairman Roos reviewed the procedures for public hearings. IV. Poll Members for Conflict of Interest - Chairman Roos polled members for any conflicts of interest: there were none. V. Old Business - Approve Minutes of December 11, 1998, and January 8, 1998 — Motion: Commissioner Murphy. Second: Commissioner McLaughlin. Approve as written. Passed: Unanimously. VI. New Business—Public Hearings 1. Case No. SUP-27-98 (City Wastewater Treatment Plant), a request by the Caldwell Engineering Department to expand the wastewater treatment plant and system by planned improvements through the year 2015. The site is more commonly known as 504 Johnson Lane, Caldwell. Linda James presented the staff report and Exhibit: PZ-1000, a copy of the Assessor's map showing the location of the site and surrounding zoning. Gordon Law, Caldwell City Engineer presented his report and answered questions. Findings of Fact — Motion: Charles Murphy. Second: Ray McLaughlin. Adopt the general Facts outlined in the staff report and the testimony offered as Findings of Fact. Passed: Unanimously. Comprehensive plan analysis —Motion: Ray McLaughlin. Second: Charles Murphy. The project is in compliance with the following Comprehensive Plan Components: - Conclusions of Law—Motion: Charles Murphy. Second: Ray McLaughlin. All legal requirements were met and the request is in compliance with the Comprehensive Plan and Zoning Ordinance. Passed: Unanimously. P&Z Minutes—February 12, 1997 Page 1 Q; Order of Decision —Motion: Charles Murphy. Second: Ray McLaughlin. Pass SUP-27-98 through the year 2015 with the following conditions: Standard conditions of approval as outlined in the staff report; Upon completion of each project and prior to beginning construction of another project, the City Engineer shall verify in writing to the Community development Director that he has reviewed the feasibility of land application and has determined that it remains economically unfeasible and/or impractical for the City to pursue. If land application is determined to be in the best interests of the City, this Special Use Permit shall be amended through the public hearing process. Passed: Unanimously. Chairman Roos stated that anyone wishing to appeal this Decision should contact the Community Development Director. 2. Case No. SUB-16P-97 (Caldwell Commercial Park), a request by Bridgeview Developers, II, LLC., for preliminary subdivision plat approval to develop 4 commercial lots on approximately 29.86 acres located in a C-4 zone. The site is located on the south side of the on-ramp to Interstate 84 at the Franklin Road Interstate connection. Bud Knickerbocker presented the staff report and Exhibit PZ 1000, a copy of the Assessors map showing the location of the site and surrounding zoning. Chairman Roos read into record a memo from the City Engineer. Gerald Martins, representative for the Applicant, discussed proposed plans. Sandra Griffiths signed in as opposed, but did not wish to speak. She submitted her written concerns, which were read into the record by Chairman Roos. Concerns expressed were dust and traffic. Findings of Fact — Motion: Charles Murphy. Second: Ray McLaughlin. Adopt the General Facts outlined in the staff report and the testimony offered as Findings of Fact. Passed: Unanimously. Comprehensive Plan Analysis - Motion: Charles Murphy. Second: Ray McLaughlin. The project is in compliance with the following Comprehensive Plan components: Residential Category — Policy 7. Commercial Category — Policy 8. Utilities — Policies 1,2 and 3. Urban Storm Runoff — Policy 1. Community Design—Policies 1 and 5. Conclusions of Law — Motion: Charles Murphy. Second: Ray McLaughlin. All legal requirements were met and the request is in compliance with the Comprehensive Plan and Zoning Ordinance. Passed: Unanimously. Order of Decision — Motion: Charles Murphy. Second: Ray McLaughlin., a request by Bridgewater Developers, II, LLC for preliminary plat approval of Case No. SUB-16P-97/SUB-16F-97 (Caldwell Commercial Park), to develop 4 commercial lots on approximately 29.86 acres located in the C-4 zone be approved, subject to Standard conditions of approval as outlined in the staff report. Chairman Roos stated that anyone wanting to appeal this Decision is to contact the Community Development Director. P&Z Minutes—February 12, 1997 Page 2 3. Case No. VAR-09-98, a req ,cst by Young Electric Sign Company, NT-behalf of Flying "J" Plaza, for approval of a 45-foot variance to install a 90-foot free standing sign along the property frontage facing Interstate 84, and a variance from the sign regulations of allowing one sign per frontage in order to install two signs on the property frontage facing Franklin Road. The site is more commonly know as Caldwell Commercial Park and is located on the south side of the on-ramp to Interstate 84 at the Franklin Road Interstate connection. Bud Knickerbocker presented the staff report and Exhibit PZ-100, a copy of the Assessor's map Showing the location of the site and surrounding zoning. Roger Huber, Applicants representative presented a plan review and PZ-1001, photo's of Interstate 84 access from east and west. Marty Phipps, representing Flying J, Company, spoke in favor and answered questions. Findings of Facts - Motion: Charles Murphy. Second: Ray McLaughlin. Accept the General Facts outlined in the staff report and the testimony offered as Findings of Fact. Passed: Unanimously. Comprehensive Plan Analysis—Motion: Charles Murphy. Second: Ray McLaughlin. The project is in compliance with the following Comprehensive Plan components: Commercial Categories — Policy 8. Transportation—Policies 7 and 10. Community Design—Policy 5. Conclusions of Law — Motion: Charles Murphy. Second: Ray McLaughlin. All legal requirements were met and the request is in compliance with the Comprehensive Plan and Zoning Ordinance. Passed: Unanimously. Order of Decision — Motion: Charles Murphy. Second: Ray McLaughlin. The Commission found that the five criteria required to be answered in granting Case No. VAR-09-98 a variance from the 45-foot height limitation were true and the variance is hereby approved with the condition that the Applicant must get FAA approval. Passed: Unanimously. Chairman Roos stated that anyone wishing to appeal this Decision, is to contact the Community Development Director. 4. Case No. SUB-17P-98 (West Valley Estates #4), a request by J.B. Farms for preliminary plat approval to develop 76 residential lots on approximately 16.96 acres located in the R-1 zone. The site is located on the east side of South 10th Avenue, south of Ustick Road, and adjacent to the south side of West Valley Estates Subdivision No.3, and 5. Case No. SUB-18P-98 (West Valley Estates #5), a request by J.B. Farms for preliminary plat approval to develop 76 residential lots on approximately 16.96 acres located in the R-1 zone. The site is located on the east side of South 10th Avemue, south of Ustick Road, and adjacent to the south side of West Valley Estates Subdivision No. 3, were heard concurrently by the P&Z. Bud Knickerbocker presented the staff report. Matt Munger, Applicant's representative, discussed the system and noted the possibility of changing the irrigation provider. Findings of Fact — Motion Commissioner Murphy. Second: Cunissioner Murphy. The General Facts are adopted as the Findings of Fact. Comprehensive Plan Analysis — Motion: Commissioner Murphy. Second: Commissioner Nachtigall. The proposed project is in compliance with the Comprehensive Plan. Passed: Unanimously. Conclusions of Law- Motion: Commissioner Murphy. Second: Commissioner Nachtigall. The project meets all legal requirements and City codes. Order of Decision on Preliminary Plat — Motion: Commissioner Murphy. Second: Commissioner Nachtigall. Based on the Findings of Fact and Conclusions of Law, and for the reasons stated, the Planning and Zoning Commission orders that the request by Terry Bennett for preliminary plat approval of Case No. SUB-15P-97 (Bennett Estates), to develop six (6) manufactured home lots on approximately 2.35 acres located in the R-2 zone be approved, subject to conditions. Recommendation to City Council on Final Plat — Motion: Commissioner Murphy. Second: Commissioner Nachtigall. Passed: Unanimously. Planning and Zoning Commission recommends to City Council that Case No. SUB-15P-97 (Bennett Estates), a request by Terry Bennett for final plat approval to develop to six (6) manufactured home lots on approximately 2.35 acres located in the R-2 zone be approved. Chairman Roos informed the audience that anyone wishing to file an appeal on the decision of the P&Z Commission, is to see the Community Development Director, Linda James, and she will help you with the process. VIII. Discussion on Planning Issues — Linda James informed members that this was the last night for Commissioners Sonja Huyck and Mike Nachtigall. The Commissions extended sincere thankyou's and appreciation for their efforts. She also noted that there will be no hearing on January 22, however there will be a workshop upcoming. New member, Ray McLaughlin was announced, and an orientation meeting is scheduled for all new and current members. The Commission will be contacted and polled for a date in the future for a workshop in regard to proposed ammendments to the zoning ordinance regarding the placing of manufactured homes on individual lots. 1X. Adjournment- The meeting was adjourned at 9:52p.m. MINUTES APPROVED ON THE DAY OF FEBRUARY, 1998. \ Chairman Roos BEFORE THE PLANNING AND ZONING COMMISSION CITY OF CALDWELL,IDAHO IN THE MATTER OF THE APPLICATION OF ) CASE NO. SUP-27-98,COURSE THE CALDWELL ENGINEERING ) OF PROCEEDINGS, GENERAL DEPARTMENT FOR A SPECIAL USE ) FACTS,TESTIMONY, PERMIT TO EXPAND THE CITY WASTE ) APPLICABLE LEGAL WATER TREATMENT PLANT ) STANDARDS, COMPREHENSIVE . ) PLAN ANALYSIS,FINDINGS OF ) FACT,AND ORDER OF DECISION I COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application SUP-27-98 to be held on February 12, 1998. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been met. On January 28, 1998, notice was published in the Idaho Press Tribune; on January 27, 1998,notice was mailed to all property owners within 300 feet • of the project site and to all political subdivisions serving the site; on February 5, 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): Caldwell Engineering Department, Gordon Law, City Engineer, 621 Cleveland Boulevard, Caldwell, ID., 83605 2.2 OWNER(S): City of Caldwell, 621 Cleveland Boulevard, Caldwell,ID., 83605 2.3 REQUEST:The Applicant requests approval of a special use permit to expand and improve the City's wastewater treatment plant through the year 2015. Mr. Law indicated in his narrative that his department is representing the Caldwell Sewer Fund. The intent of the special use permit is to enable the City to improve the system through a"Facility Plan" that includes a list of projects from 1998 through the year 2015. A copy of the improvement projects and estimated costs related to the proposed time period was included with Mr. Law's narrative. 2.3.1 The Zoning Ordinance does not include "wastewater treatment plants" in the list of permitted and special uses. This type of facility is normally included in zoning ordinances under the listings of permitted and special and are typically classified as"public facilities." Caldwell's Zoning Ordinance does not include this classification. It is possible that the proposed improvements to the wastewaster system could be undertaken without having to seek a special use permit; however, it was the Community Development Director's determination that because of the ambiguity of the Ordinance, the most appropriate action was for the City to seek a special use permit through the public hearing process. The special use permit can be approved for the period of time outlined in the"Facility Plan" and not require the City to apply for an amendment to the permit each time one of the proposed • projects comes on line. 2.4 LOCATION: The site is more commonly known as 504 Johnson Lane. 2.5 LEGAL DESCRIPTION: The City of Caldwell Municipal Wastewater Treatment Plant in Lot 1,Lot 2, and the NE 1/4 NE 1/4 of Section 21, Township 4 North, Range 3 W., B. M. being partially in Blocks 24 and 225 of the Golden Gate Addition to the City of Caldwell, Canyon County,Idaho. 2.6 NATURAL RESOURCES AND HAZARDOUS AREAS: The property is within the near vicinity of the Boise River, Indian Creek, Riverside Canal, and is within a flood plain. Any improvement project undertaken by the City at this site will require approval of those agencies having review authority within the vicinity of these water bodies. Mr. Law will ensure that all required approvals will be obtained prior to any on-site construction. 2.7 LAND USE: The project site is zoned M2,Heavy Industrial. This site is the only site in the City that has M-2 zoning. Adjacent parcels are zoned M-1, Light Industrial. 2.8 COMPREHENSIVE PLAN DESIGNATION: Public- Semi-Public. There is no reference to public- semi-public land in the Plan's narrative. 2.9 AREA OF CITY IMPACT: The project site is not within the Area of City Impact. 2.10 PUBLIC FACILITIES: 2.11 Schools—Notice of the request was sent to Caldwell and Vallivue School Districts on January 27, 1998. 2.11.1 Fire Protection - The City's Fire Marshall was notified of the request on January 22, 1998. Each expansion project will be reviewed by the Fire Marshall at the time of building permit application. 2.11.2 Utilities - Water/Sewer-The site is served by City utilities. 2.11.3 Stormwater—Expansion development will comply with the City's own stormwater policies. 2.12 TRANSPORTATION: The site is accessed from Johnson Lane. 2.13 PARKS,RECREATION AND OPEN SPACE: Parks,recreation and open spaces are not proposed. 2.14 HISTORIC AREAS: This site is not within the City's Area of Historic Significance. 2.15 HOUSING: No residential development is proposed. 2.16 COMMUNITY DESIGN: The site is landscaped and maintained. III TESTIMONY 3.1 Gordon Law, City Engineer, testified that a capital investment of $20-25 million to the plan was already in place and that the planed projects through the year 2015 would inject another $26-27 million. In a response to a question regarding land application,Mr.Law stated that the process of land application had been considered and a study conducted. It was determined that this process was cost prohibitive at this point in time. 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 IJ� V COMPREHENSIVE PLAN ANALYSIS 5.1 Commission members found that the proposal is in compliance with the Comprehensive Plan, as follows: 5.2 Natural Resources and Hazardous Areas, Policy 3. Construction on the site requires approval from review agencies that ensure protection of the Boise River. 5.3 Industrial Categories, Policy 1. The site is zoned M-2, Heavy Industrial. An R-2 zone is located southeast of the subject site but is buffered by the North Channel of the Boise River. 5.4 Essential Services,Policy 1. The project site is bordered on the southeast by the North Channel of the Boise River. When a project site is in the near vicinity of a body of water,the City is required to notify the Bureau of Reclamation, Idaho Fish and Game, Corps. Of Engineers, and Department of Water Resources of the project. As applicable, these agencies will approve any expansion plans. 5.5 Utilities,Policies 1, 2, and 3. The proposed expansion projects will meet the needs of the City and will further future plans for land use, including new subdivisions. 5.6 Community Design, Policy 1. The wastewater treatment plant site is nicely landscaped and continuously maintained. VI FINDINGS OF FACT 6.1 The Planning and Zoning Commission members approved by reference the general facts noted under Section II of this report. Included in the Findings of Fact was Gordon Law's testimony that land application had been considered but was determined at this point in time to be cost prohibitive. VII CONCLUSIONS OF LAW 7.1 The Planning and Zoning Commission has the legal authority to hear special use permit requests and to approve or deny the same. The hearing met legal notification requirements, and met applicable ordinances and codes. VIII ORDER OF DECISION 8.1 Based upon these Findings of Fact and Conclusions of Law,and for the reasons stated, the Planning and Zoning Commission of Caldwell, Idaho, orders that Case No. SUP-27-98, a request by the Caldwell City Engineer(for the City of Caldwell)for approval of a Special Use Permit to implement a "Facility Plan" that includes specific projects through the year 2015, be 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 site to another site. 8.3 The Applicant, 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 Applicant, 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 Upon completion of each project, and prior to beginning construction of another project, the City Engineer shall verify in writing to the Community Development Director that he has reviewed the feasibility of land application and has determined that it remains economically unfeasible and/or impractical for the City to pursue. If land application is determined to be in the best interests of the City,this Special Use Permit shall be amended through the public hearing process. APPROVED AT PUBLIC HEARING HELD FEBRUARY 12, 1998 ORDER OF DECISION, WITH WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW APPROVED BY PLANNING AND ZONING COMMISSION MEMBERS AT A REGULARLY SCHEDULED MEETING HELD FEBRUARY 26, 1998. (1'1 ' ATTEST: William Roos, Chairman Charle urphy, ce h ' an Linda James, Comity Development Director PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: PzR-.60,,oq w� STREET ADDRESS: 7 1 7 yt>ry/$ /A-- CITY/STATE/ZIP: /I, 4/'y /I , NAME OF CASE BEING HEARD: 5'e/)2— 7— `, ********** A.-AA AAAA****** Check the appropriate line: Applicant or Representative X I Neutral/ I wish to speak I do not wish to speak In favor/ I Opposed/ wish to speak X I wish to speak do not wish to speak 1 do not wish to speak Written comments may be attached to this form or you may write them in below. 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