HomeMy WebLinkAboutPZ Minutes 04-9-20131
P&Z Minutes
4/09/2013
CALDWELL PLANNING AND ZONING COMMISSION
MINUTES
April 9, 2013
I. Call to Order – Chairperson Doty-Pomoransky called the meeting to order for the public hearing at 7:00
p.m.
II. Roll Call –
Members Present: Ed Doty-Pomoransky, Roger Page, Arvid Salisbury, Kenneth Scholz
Disclosures and Conflicts of Interest: None
Members Absent: Dana Vance
Staff Present: Anne Marie Skinner (Senior Planner/Development Team Leader); April Cabello (Planning Technician);
Robb MacDonald (Assistant City Engineer)
Staff Absent: Brian Billingsley (Planning and Zoning Director)
Review of Proceeding – Chairperson Doty-Pomoransky announced the procedures for the public hearing.
III. Old Business
A. Approve minutes of February 12, 2013 regular meeting.
MOTION: Commissioner Page SECOND: Commissioner Scholz Passed: Unanimous roll call vote.
IV. New Business
A. Case Number SUP-355-12, a request by Raquel Reyes to exceed the maximum number of two allowed
roosters on property located at 4808 Nez Perce Road.
Testimony:
1) Anne Marie Skinner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner/Development
Team Leader, presented the staff report as written. Ms. Skinner explained the background of
the request which originated from a neighbor complaint received in September 2012 regarding
the excessive number of roosters. Ms. Skinner further explained that Code Enforcement has
issued two notices to Ms. Reyes, and Ms. Reyes ultimately opted to apply for special use
permit permission to keep all 25 roosters rather than eliminating 23 of the 25 to only have two
and thus be in compliance with the code.
2) Ms. Skinner submitted an aerial photo of the site labeled Exhibit PZ-1005 and read two letters
into the record – one in opposition from Marlene Fullerton identified as Exhibit PZ-1000 and
the second in favor from Shirley and James Swearingen identified as Exhibit PZ-1001. Ms.
Skinner noted that Marlene Fullerton lives across the street to the west of the subject property
and Mr. and Mrs. Swearingen live across the street to the north of the subject property.
3) Commissioner Page asked Ms. Skinner what advantage this would bring to the City if the
request was granted.
4) Ms. Skinner responded that it wouldn’t bring any advantages to the City or community as a
whole, but would bring advantage to a specific citizen of the City.
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5) Chairperson Doty-Pomoransky wondered if there was a business license.
6) Ms. Skinner responded that, to the best of her understanding and investigation, there isn’t a
business being operated, so neither a business license nor a home occupation permit is
required.
7) Commissioner Scholz inquired about surrounding land uses.
8) Ms. Skinner stated that all surrounding properties are zoned R-1 Low Density Residential and
are residential home sites on approximately one acre with some form of animals because of
the larger parcel size.
9) Commissioner Scholz wondered about any large number of dogs or cat farms or other farming
activities on any of the surrounding parcels.
10) Ms. Skinner replied she was unaware of any such activities on any of the surrounding
properties.
11) Commissioner Page wondered about the number of roosters being requested.
12) Ms. Skinner clarified that the property, due to its size of almost one acre, allows for the legal
use of two roosters. The property owner currently has 25 roosters on the site, so the request is
for an additional 23 roosters over and above the 2 allowed.
13) Commissioner Salisbury wondered about chickens.
14) Ms. Skinner stated the property owner is allowed up to 30 chickens on the site, due to the size
of the parcel. Ms. Skinner emphasized that chickens are different from roosters and the terms
should not be used interchangeably.
15) Commissioner Scholz wondered about the composition of the neighborhood being mainly
residential and this proposal is agricultural with chickens and roosters.
16) Ms. Skinner confirmed that was the case.
17) Chairperson Doty-Pomoransky wondered if this had come up before or if there was a
precedent.
18) Ms. Skinner responded this is the first special use permit request for roosters in all the time of
special use permits.
19) Commissioner Scholz wondered about Ms. Skinner’s interpretation of the spirit of the law.
20) Ms. Skinner responded she wasn’t sure because the rooster prohibition has been in place since
the onset of the zoning ordinance in 1977. She surmised that the intent was for a city, namely
the City of Caldwell, to remain a city and keep agricultural activities, such as raising roosters
outside of city limits in the county.
21) Commissioner Salisbury commented that it was pretty common in CC&Rs to restrict roosters.
22) Chairperson Doty-Pomoransky wondered if the property had CC&Rs.
23) Ms. Skinner responded that she didn’t know, but it wouldn’t matter one way or the other
because the City doesn’t have anything to do with CC&Rs and has no authority or jurisdiction
to enforce them even if they are in place. Ms. Skinner further stated the noise ordinance
prohibits intrusive noise between the hours of 11:00 p.m. and 7:00 a.m.
24) Commissioner Scholz wondered if there were other agricultural activities, such as farm
animals, within the City limits.
25) Ms. Skinner responded that there are other properties within the City that have horses, cows,
ducks, and goats.
26) Commissioner Scholz stated that we then have a variety of farm animal activity within the
City so that isn’t the issue.
27) Commissioner Salisbury wondered if it was a noise violation or number violation.
28) Ms. Skinner stated the original complaint did not mention noise, but rather complained about
the excessive number of roosters.
29) Raquel Reyes, Applicant, 4808 Nez Perce, Caldwell, ID 83607, testified in favor of the
application and stated the roosters are not a business, but a hobby. From the time they moved
to the site, which was seven years ago, they have had the roosters. The realtor did not explain
anything to them about the rooster prohibition when they purchased the house. No one has
ever approached them noise or the number of roosters. Ms. Reyes explained all the roosters
are penned in 8x5 or 5x4 pens and that the roosters are removed from the pens when the
weather is nice so they can get sunshine. Ms. Reyes stated the roosters crow at 5:00 in the
morning and get noisy around 7:20 a.m. because they think they are going to get fed. She
stated the pens are cleaned out regularly and they are fed vitamins and kept healthy. The
roosters are de-loused, fed and watered twice a day. They are not being sold. It’s a hobby.
They constructed a wall to keep the noise level down. She stated the neighbor right behind
them also has roosters. She would like to have the permit approved because they have nothing
else on the property and almost a half acre is being wasted.
30) Commissioner Salisbury wondered why Ms. Reyes disregarded the first two code violation
notices.
31) Ms. Reyes stated she thought the first one was a joke. Ms. Reyes did call Anne Marie Skinner
with the second notice to find out what could be done because everyone has always had
roosters with that property and the City grew around the subdivision.
32) Commissioner Salisbury wondered again about the second notice.
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33) Ms. Reyes stated again she didn’t disregard the second notice, but called to see what she could
do to keep the roosters.
34) Commissioner Scholz stated the commissioners are supposed to support the rules of the city,
but also protect the rights of property owners, including the rights of the property owners
around the Reyes property. Commissioner Scholz stated we all have hobbies, that his hobby is
fixing one car at a time, but he is wondering what you do with 25 roosters. He can understand
one or two, but 25?
35) Ms. Reyes stated they don’t do anything with the roosters. Sometimes when they visit family
members in Washington they will take a couple to her brother-in-law, but we don’t do
anything special with them.
36) Commissioner Scholz wondered if they are being used as fighting roosters.
37) Ms. Reyes stated the roosters are game cocks, but they are not using them for fighting. Ms.
Reyes would like for the complainant to prove to the City of Caldwell that they are involved in
cock fights, which they are not.
38) Commissioner Scholz clarified that they are not cock fighting roosters.
39) Ms. Reyes stated that they are game fowl and they can be used for cock fighting, but they are
not involved in cock fighting at all. A couple of little roosters were given to them and it just
kind of grew.
40) Commissioner Scholz stated again his dilemma with her hobby and that a few roosters would
be a hobby, but 25?
41) Ms. Reyes stated she understood his dilemma and his position. She stated if the Board decides
to deny her permit that she as a citizen, and not to be vengeful, would then have to start
complaining about the other ordinance like the neighbor that has six horses on the property
because they aren’t allowed and they run all summer long along the canal bank and get out
and the neighbors have to round them up.
42) Commissioner Scholz stated she has rights too and that’s what makes it so hard to review this
case.
43) Ms. Reyes stated they are all penned, and there are bales of straw on the property to keep the
cages cleaned out. She stated she is not a petty person and she pretty much minds her own
business and doesn’t call the dog catcher whenever dogs are out, but rather calls the owner to
come get the dog. She stated there have been some ugly run-ins, but not because of the
roosters. They had some music on during the summer and it was six o’clock in the evening
and someone called the police because the music was too loud, but they were still within the
noise ordinance.
44) Commissioner Scholz wondered again how many roosters she has.
45) Ms. Reyes stated she has 25 roosters.
46) Commissioner Page asked Ms. Reyes to speak to the value of having the 25 roosters as a
hobby, her personal benefit of having the roosters.
47) Ms. Reyes stated she can honestly say it probably isn’t of benefit to her, but if wanted to enter
into the fairs she would probably be a blue ribbon winner every time. She stated they are not
making any money off the roosters, that it’s a gratification for her husband and something to
do so he doesn’t go to the bars – instead he’s at home and outside and cleaning up the farm.
That’s what he likes to do and that’s what he does.
48) Commissioner Page clarified that it’s an appreciation for the natural beauty of these animals.
49) Ms. Reyes referred to Exhibits PZ-1002, 1003, and 1004 and stated they are beautiful roosters
and he takes very good care of them.
50) Commissioner Salisbury wanted reiteration from Ms. Reyes on when the roosters crow.
51) Ms. Reyes stated they crow about 5:30 in the morning because that’s when she wakes up to
get ready for work.
52) Commissioner Scholz questioned Ms. Reyes again about the roosters not being used for
commercial fighting.
53) Ms. Reyes stated they are not and she has no reason to lie and she did take an oath.
54) Commissioner Scholz said they are strictly used for showing.
55) Ms. Reyes stated they don’t even show them. They did have a young man drive by and saw
the roosters and wanted to take one, but she couldn’t let him do that because they are her
husband’s roosters. They take them out and exercise them and they may hit each other, but
there are no knives involved or the little boxing gloves. It’s just to give them exercise because
they are in an 8x5 cage.
56) Chairperson Doty-Pomoransky wondered if they were visible from the road.
57) Ms. Reyes stated they are if you go down War Eagle.
58) Jim Swearingen, 5315 War Eagle, Caldwell, ID 83607, testified in favor of the application and
stated he has lived at the site for 30 years and they purchased their acre when it was in the
county. Then they made them go into the city. He stated it’s a pretty quiet subdivision and that
he lives on the corner across the street from the Reyes family. He stated he doesn’t hear
anything from them. As far as he is concerned, the roosters are no bother at all. They are kept
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cleaned, and he sees no problems. It’s a lot of roosters, but it’s a hobby too and he gets carried
away with his hobbies too.
59) Commissioner Scholz clarified where Mr. Swearingen lives.
60) Ms. Skinner referred to Exhibit PZ-1005 and showed the commissioners Mr. Swearingen’s
house.
61) Marlene Fullerton, 5408 War Eagle Rd., Caldwell, ID 83607, testified in opposition and stated
she lives across the street from Ms. Reyes, that she is directly across the street and the chicken
pen is in her front yard basically. Ms. Fullerton stated they are noise, extremely noisy. She has
woken up at 4:00 a.m. and they are crowing. They may be kept clean, but she can smell them
anyway. There is a dog pen beside them that is also basically in her front yard. Ms. Fullerton
stated that Ms. Reyes has stated to Ms. Fullerton that they do fight the chickens and sell them
as fighting chickens. That has been some time ago, but she is assuming that it is still going on.
At one time they had a Swat team out there practically with pistols drawn, surrounding the
place, because there was supposedly a cock fight going on. Ms. Reyes came out into the street
with the rest of us and said they were doing it for fun. Ms. Fullerton stated she didn’t know if
Ms. Reyes was cited or what happened after that, but it scared us all. Ms. Fullerton does object
to the chickens because of the noise and the location. The aesthetic value is not good either.
62) Commissioner Scholz wondered how long Ms. Fullerton had been living in the neighborhood.
63) Ms. Fullerton stated about 30 years.
64) Chairperson Doty-Pomoransky wondered if there was a homeowner’s association with CCRs.
65) Ms. Fullerton stated the CCRs have expired, but they were in the county then and the city has
taken over since then, so we all have to comply with code enforcement and she thinks the
Reyes family should have to also.
66) Kevin Kreps, 5412 Lapwai Place, Caldwell, ID 83607, testified in opposition and stated he
lives directly behind the Reyes’ residence on the other side of the pump house. He stated he
has heard the roosters at 2 and 3 o’clock in the morning and that it’s hard to keep the windows
open at night when the roosters are crowing. They came home one night and there was a line
of police cars down the street and they were wondering was going on. Caldwell police officers
came out from behind the Kreps’s barn stating they were investigating the cock fighting
happening next door. Mr. Kreps has seen them training and practicing by tying them to stakes.
His biggest complaint is the legality of the possible cock fighting and the huge number of
roosters. 25 seem outrageous. They can hear the roosters crowing all the time.
67) Commissioner Page wondered if this were a legal activity if Mr. Kreps would still have
objections to the family owning roosters.
68) Mr. Kreps stated he and his children are affected by the excessive noise. They hear them all
the time, at 11 o’clock at night and 2 and 3 o’clock in the morning. They can’t enjoy their
backyard because of the numerous roosters. He knew there were a lot of roosters, but he didn’t
realize there were 25 of them. The number of roosters concerns them as well. He has had some
of them in his yard before and their dogs have chased them out.
69) Commissioner Scholz wondered if he had any children.
70) Mr. Kreps stated he has grandchildren that come over.
71) Commissioner Scholz wondered if there were any concerns for their safety because of the
roosters getting loose.
72) Mr. Kreps stated he didn’t like the cops showing up in his yard and he would have some
concern if they were naturally bred for fighting if he saw one of them in the yard with his
grandchildren, but it hasn’t been an issue.
73) Ms. Reyes returned to the podium for rebuttal and stated she heard about the Swat team
incident, but she didn’t come outside with the rest of the neighbors. She was never cited, no
one every came and knocked on her door, and she has no idea what was going on. She didn’t
even know the Swat team was out. She stated the roosters are tethered in the summertime and
they will try to hit each other, but there aren’t any knives or gloves involved. The roosters
aren’t hurt or cut in anyway. She has 6 grandchildren that go out and can hold the roosters and
are around the roosters and they don’t attack the children. She also stated there are other
neighbors in the area that have roosters that could be loose and wander into Mr. Kreps’s yard.
74) Chairperson Doty-Pomoransky wondered about the tethering.
75) Ms. Reyes stated you tie a leg to a stake in the ground so they can’t fly away, but they need to
get some sun.
76) Chairperson Doty-Pomoransky wondered how they could touch.
77) Ms. Reyes stated if you tie them too close together they will try to attack each other.
78) Commissioner Salisbury stated that one of the people who testified is known to him and
wondered if that would bar him from discussion and voting.
79) Ms. Skinner stated it would not.
80) Public testimony was closed.
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MOTION TO CLOSE TESTIMONY: Commissioner Salisbury SECOND: Commissioner Page Passed:
Unanimous roll call vote.
Evidence List for Case Number SUP-355-12 - Consisted of the case file; sign-up sheet; staff report;
testimony; PZ-1000 (opposition letter from Marlene Fullerton); PZ-1001 (in favor letter from Shirley and
James Swearingen); PZ-1002, 1003, and 1004 (pictures of roosters from Raquel Reyes); PZ-1005 (aerial of
site from Anne Marie Skinner).
MOTION: Commissioner Page SECOND: Commissioner Salisbury Passed: Unanimous roll call vote.
Comprehensive Plan Analysis for Case Number SUP-355-12 – MOTION: Commissioner Page SECOND:
Commissioner Salisbury Passed: Unanimous roll call vote.
Findings of Fact for Case Number SUP-355-12 - MOTION: Commissioner Salisbury SECOND:
Commissioner Page Passed: Unanimous roll call vote.
Conclusions of Law for Case Number SUP-355-12 – MOTION: Commissioner Page SECOND:
Commissioner Salisbury Passed: Unanimous roll call vote.
Order of Decision for Case Number SUP-355-12 – MOTION: Commissioner Salisbury SECOND: Commissioner
Scholz. The motion to DENY special use permit request was approved with a majority voting in favor of the motion to
deny (Salisbury, Scholz, Doty-Pomoransky) and one voting against the motion (Page).
B. Case Number SUBPUD-01(P)-13, a request by John and Carole Blaisdell, Gary McAllister, and JCB Land
Development LLC for planned unit development and preliminary plat approval of Walnut Place Subdivision
consisting of two buildable lots in an R-1 Low Density Residential zone located southwest of the Walnut
Street cul-de-sac approximately 150 feet north of Linden Street.
Testimony:
1) Anne Marie Skinner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner/Development
Team Leader, presented the staff report as written and submitted Floor Plan Option 3 as
Exhibit PZ-1000 and Floor Plan Option 1 as Exhibit PZ-1001.
2) Commissioner Salisbury wondered about the setback deviation.
3) Ms. Skinner directed commissioners to the preliminary plat that showed the requested
setbacks and noted that the condition of approval addresses all setbacks as zero as a blanket
condition of approval.
4) Gary McAllister, 2115 E. Bowstring St., Meridian, ID 83642, testified in favor of the
application and pointed out the dimensions of each lot. Mr. McAllister addressed the
neighborhood meeting that was held and noted there will be CC&Rs for this two-lot
subdivision. Mr. McAllister stated that the property owner lives in the same neighborhood as
this two-lot subdivision and will want to make sure the property remains looking good.
5) Mr. McAllister further addressed the setbacks noting it will be about 17 one side and 7 on the
other. The homes will be about 1500 square feet and designed for those who are looking for
less yard to maintain. He referenced the neighborhood meeting and noted there will be
CC&Rs for the two-lot subdivision. Mr. McAllister noted Dr. Blaisdell lives the next street
over and maintains this lot and he is going to want to keep the neighborhood nice-looking.
6) Commissioner Salisbury wondered about the drain to the west and if there will be any barriers.
7) Mr. McAllister noted the Dixie Drain runs along the west side and they will probably install
fencing on that side.
8) Commissioner Scholz wondered about the location of a house from a picture in the packet sent
to the commissioners.
9) Ms. Skinner noted that the picture is one of the pictures taken by staff of the surrounding area
when the site was posted for the legal posting notification.
6) Larry Johnson, 909 E. Maple St., Caldwell, ID 83605, testified in favor of the application
noting that he lives right around the corner from the subject property and that he supports the
variance and that he lives in one of the largest houses in the neighborhood. His reason for
support is an unusual one. He does like the mix of different types of housing in the
neighborhood, and there is a two-unit house across the street from him on Idaho. The reason
he knows it’s a two-unit house is because his mother is living there. He moved her from
Tennessee in 2008. She’s 86 and still independent and it was a great relief to him to have
something close to him that would allow her to be in a neighborhood rather than a complex.
He knows John Blaisdell and knows whatever he does will be quality.
9) Mary Vis, 905 E. Walnut, Caldwell, ID 83605 testified in opposition to the project and noted
she lives directly next to the subject lot. Ms. Vis stated the average size of the lots in that area
is 1/3 to ½ acre and the average home size is about 2,000 square feet to 3,500 square feet. The
neighborhood is designed for larger homes that lend themselves to one single-family home per
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lot. Ms. Vis would like to maintain the quietness of that neighborhood because she lives there.
Ms. Vis has seen multiple dwellings around that area and with what Mr. Johnson has said that
his mother lives in one duplex there. She thinks that is all well and good and she has dealt in
rentals and she feels this could turn into a rental situation. She knows she cannot prevent that
in any neighborhood, but if she can prevent it right now in this neighborhood she wants to.
She knows John Blaisdell very well and he is a great man, a man of integrity. Right now he is
saying he would maintain that property and enforce the CC&Rs, but the day that he moves,
which he very well could, there could be a situation with multiple cars and multiple families.
Ms. Vis noted she had a duplex rented to one family and within two to three weeks there were
multiple families living in it. It can’t be prevented, but she would like the Commission to
really consider what they will be faced with in one very small cul-de-sac with one way in and
one way out if there are two small homes squeezed on one large lot.
10) Ms. Vis further noted there were a lot of neighbors who could not make it tonight but she is
speaking on their behalf that they would prefer to see one larger single-family home on that
lot, that it has been designed for one single-family home and not for two smaller homes on that
lot. Ms. Vis asked for enforcement of the CC&Rs if the application is approved, along with a
paid homeowners association. Ms. Vis noted her neighbors next door have chickens that wake
her up every morning at 5:00 a.m. because they don’t have CC&Rs in their neighborhood. She
is speaking emotionally tonight and a little business-related because she wants to make sure
their homes are maintained with integrity and property value when this is all over.
11) Commissioner Scholz wondered exactly where her property was located.
12) Ms. Skinner pointed out to the Commission the location of Ms. Vis’s property using the map
provided for them in their packet.
13) Ms. Vis also noted there is a huge need for elderly housing and she wouldn’t mind that at all if
that could be guaranteed.
14) Michael Mean, 2302 Idaho Ave., Caldwell, ID 83605, testified in opposition and noted he
lives at the corner of Maple and Idaho. He stated he hasn’t lived there long but before he
bought the house he made sure the area he was moving into was nice for his wife, his mother-
in-law, and himself. His concern is basically the ditch in the back and that it hasn’t been
maintained and wondered who is responsible for maintaining that area. He was also concerned
about parking, but his biggest complaint is the ditch bank. He doesn’t mind the idea of a
condominium.
15) Commissioner Scholz reaffirmed that he would be okay with a condominium.
16) Mr. Mean stated that he would be okay with a condominium due to the fact that they are with
people either his age or a little older or in between college and young kids and they know they
have to maintain the facility. He wondered if the people moving in there know how much it’s
going to cost to maintain that drain back there.
18) Commissioner Scholz wondered if it was a lateral or ditch in the back.
19) Mr. Mean responded that it was a drain.
20) Ms. Skinner informed everyone that the drain maintenance is the responsibility of Pioneer
Irrigation and Bureau of Reclamation, not the individual property owner. Property owners do
not have any responsibility to maintain anything on that drain.
21) Jane Groff, 2312 Idaho Ave., Caldwell, ID 83605, testified in opposition to the proposal and
also stated she is opposed to a condominium. She stated she echoes what Ms. Vis had
previously stated and noted they are not disputing what the houses will look like and have no
doubt that Mr. McAllister will build beautiful homes that will look lovely now, but her
concern is that that they are two 1500-square foot homes crammed into a lot that should be for
one single-family home. Her home is 3100 square feet and the average is about 2,000 square
feet. The duplex that Mr. Mean spoke about was built many years ago before the subdivision
was there and it is very well-maintained. She does worry about the traffic. She lives on the
corner of Idaho and Walnut and with two more residences back there the traffic going by is
going to increase a lot and she worries about that. She worries about the parking down in
there. She knows herself and having two kids they had four cars at their house. They have a
two-car garage and two parking spaces in front of the garage, but someone always needed to
get out before someone parked behind, so someone was always on the street. If you have two
houses down there with four drivers in each house, you could potentially have eight cars down
there which is a lot of cars. Ms. Groff thinks the lot is a lovely lot for one house and doesn’t
like the idea of two houses being crammed into a lot that is equivalent to what the rest of us sit
on. She agrees there is a need for this type of housing in Caldwell and thinks it’s great to
create a separate community, but to create a two-house community in a single-family
neighborhood seems very odd.
22) Ms. Groff noted it’s a very nice quiet cul-de-sac and she would like to keep it that way. With
the addition of two homes she thinks there will be a lot more traffic and a lot more cars. She
noted that the job of the commissioners is to protect rights of property owners and she is a
property owner and she would like her property and rights protected.
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23) Commissioner Page wondered if she would like the neighborhood to remain the same so the
value of her property is maintained.
24) Ms. Groff stated she would like it to remain larger homes so that the property values can stay
consistent.
24) Mr. McAllister provided rebuttal testimony and noted that the proposal is not duplexes, but
two single-family homes each on its own individual lot. He stated the CC&Rs will not allow
parking in the street, no RVs parking in the street, no cars being worked on. There are other
duplexes in the neighborhood. They think the homes will be priced at $100 per square foot and
will make a nice addition. The houses will meet all the setback requirements of the ordinance.
25) Commissioner Salisbury noted there wouldn’t be any street parking left for the current houses
and that cars would be added to the neighborhood.
26) Mr. McAllister noted the driveway will be provide two parking spaces and the garage will be
provide two parking spaces for a total of 4 parking spaces and the CC&Rs won’t allow street
parking.
27) Commissioner Salisbury wondered about an HOA for just 2 houses.
28) Mr. McAllister stated that part of that might be for yard maintenance.
29) Commissioner Salisbury noted that enforcement might be easier with more than two people
involved.
30) Mr. McAllister noted it’s a protection for the neighborhood.
31) Public testimony was closed.
MOTION TO CLOSE TESTIMONY: Commissioner Page SECOND: Commissioner Salisbury Passed:
Unanimous roll call vote.
Evidence List for Case Number SUBPUD-01(P)-13 - Consisted of the case file; sign-up sheet; staff report;
testimony; PZ-1000 (Floor Plan Option 3); PZ-1001 (Floor Plan Option 1).
MOTION: Commissioner Page SECOND: Commissioner Scholz Passed: Unanimous roll call vote.
Comprehensive Plan Analysis for Case Number SUBPUD-01(P)-13 – MOTION: Commissioner Page
SECOND: Commissioner Salisbury Passed: Unanimous roll call vote.
Findings of Fact for Case Number SUBPUD-01(P)-13 - MOTION: Commissioner Salisbury SECOND:
Commissioner Page Passed: Unanimous roll call vote.
Conclusions of Law for Case Number SUBPUD-01(P)-13 – MOTION: Commissioner Scholz SECOND:
Commissioner Page Passed: Unanimous roll call vote.
Recommendation for Case Number SUBPUD-01(P)-13 – MOTION: Commissioner Salisbury SECOND:
Commissioner Page. The motion to recommend DENIAL was approved with a majority voting in favor of the motion
to recommend denial (Salisbury, Page, Doty-Pomoransky) and one voting against the motion (Scholz).
C. Case Number OA-153-13, a request by the Caldwell Planning and Zoning Department and Engineering
Department to amend portions of the zoning ordinance (Chapter 10 of City Code).
Testimony:
1) Anne Marie Skinner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner/Development
Team Leader, presented the staff report and proposed changes to the ordinance.
2) Commissioners had discussion with Ms. Skinner regarding the proposed elimination of height
restrictions in an R-1 zone. Ms. Skinner suggested that the Commissioners could make
recommendations to the ordinance amendment as part of the motion to approve or deny the
changes.
3) Commissioners felt it would be best to leave the height restriction at 25 feet in the R-1 zone,
move it to 35 feet in the R-2 zone, and eliminate it in the R-3 zone.
4) Public testimony was closed.
MOTION TO CLOSE TESTIMONY: Commissioner Page SECOND: Commissioner Scholz Passed:
Unanimous roll call vote.
Evidence List for Case Number OA-153-13 - Consisted of the case file, the written and verbal staff reports,
and the sign-up sheet. MOTION: Commissioner Salisbury SECOND: Commissioner Page Passed:
Unanimous roll call vote.
Comprehensive Plan Analysis for Case Number OA-153-13 - MOTION: Commissioner Page SECOND:
Commissioner Salisbury Passed: Unanimous roll call vote.
8
P&Z Minutes
4/09/2013
Recommendation on Case Number OA-153-13 – MOTION: Commissioner Scholz SECOND: Commissioner Page.
The Commission voted unanimously to Recommend Approval with a recommendation to leave the maximum height
restriction in an R-1 zone at 25 feet and change it to 35 feet in an R-2 zone.
V. Planning Issues –
A. The next regularly scheduled Planning and Zoning Commission hearing is June 11, 2013.
VI. Adjournment
The meeting was adjourned at approximately 9:09 p.m.
MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-POMORANSKY ON THE DATE NOTED
BELOW:
____________________________________ _____________________
Ed Doty-Pomoransky Date
ATTEST: ____________________________________________
Anne Marie Skinner, Senior Planner/Dev. Team Leader