HomeMy WebLinkAboutPZ Minutes 08-12-20141
P&Z Minutes
8/12/2014
CALDWELL PLANNING AND ZONING COMMISSION
MINUTES
August 12, 2014
I. Call to Order –Chairperson Doty-Pomoransky called the meeting to order for the public hearing
at 7:03 p.m.
II. Roll Call –
Members Present: Ed Doty-Pomoransky, Dana Vance, and Jeremy Feucht.
Members Absent: Kenneth Scholz and Roger Page.
Staff Present: Jarom Wagoner (Senior Planner); April Cabello (Planning Technician); Robb MacDonald
(Assistant City Engineer),
Staff Absent: Brian Billingsley (Planning and Zoning Director).
Review of Proceedings – Chairperson Doty-Pomoransky announced the procedures for the public hearing.
III. Old Business
A. Approve minutes of June 10, 2014 regular meeting.
MOTION: Commissioner Vance SECOND: Commissioner Feucht Passed: Unanimous roll call vote.
IV. New Business
A. Case Number ZON-04-14 a request by HG Lease Holdco, LLC for a rezone of 2.5 acres, more or
less, from R-1 (Low Density Residential) to C-2 (Community Commercial). The subject property
is located at 5315 Midway Road in Caldwell, Idaho.
Testimony:
1) Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented
the staff report stating that the applicant is seeking approval for a rezone form R-1 Low
Density residential to C-2 Community Commercial. The reason for the rezone is to
make the property more marketable for potential professional office space. The subject
property was annexed into the city limits in December 2001. In January of 2008 a
special-use permit (SUP-07-302) was approved for a church to be constructed on the
site.
2) Mr. Wagoner stated that the applicant is looking to rezone to Community Commercial
and the reason is that the property has been for sale for a few years with little interest to
operate it as a church with the residential zoning; therefore, the applicant is requesting
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to rezone to commercial. In a commercial zone the church is an outright allowed use as
is professional office space.
3) Mr. Wagoner stated the property is designated on the comprehensive plan map as
commercial therefore complies with the request and explained that there are residential
homes surrounding the site to the south and to the west. Across the street from the
subject property is designated as High Density Residential on the comprehensive plan
map.
4) Mr. Wagoner further stated in reviewing the request, staff is recommending a rezone to
C-1 Neighborhood Commercial in lieu of the C-2 Community Commercial due to the
proximity of the residences. Staff foresees the existing residences that abut the property
may convert to commercial in the future but will have residences directly across the
street. The zoning designation of neighborhood commercial is a little less intense as far
as allowed commercial uses. The uses the applicant is looking to do are both allowed
within the C-1 as they are in the C-2 and would not be required to do a special use for
professional office space. The C-1 Neighborhood Commercial zoning will give some
protection to the neighbors in the immediate area.
5) Mr. Wagoner further stated that the applicant is not in opposition of the C-1
Neighborhood Commercial.
6) Commissioner Vance wondered what the major differences are between C-1 and C-2,
and what would be allowed.
7) Mr. Wagoner responded that there are several uses that are allowed in both zones and
gave some examples of what would be allowed in the C-2 zone that would not be
allowed in the C-1 zone.
8) Commissioner Feucht wondered why, if the property is designated as commercial on
the comprehensive plan map would staff not recommend the C-2 zoning.
9) Mr. Wagoner responded that the surrounding area is expected to develop as
commercial but it is up to the property owners on how they would like to develop the
area in the future. Mr. Wagoner further explained that the comprehensive plan map
gives an idea of what they want the city to look like in the future and designate
commercial or residential but do not designate what type of commercial.
10) Darren Maloney, 5315 Midway Road, Caldwell, ID, applicant’s representative testified
in favor or the application and gave supporting testimony.
11) Mr. Maloney explained that the applicant is requesting a rezone of the property to
broaden the marketability because it has been marketed for a number of years. Over the
years they have had to mark the price down and have had very limited interest. The
idea is to make it allowable for buyers to make use of the property. Potential buyers are
not comfortable with the process of rezoning and do not want to go through the process
themselves so the applicant/owner wants to take care of the rezone process.
12) Commissioner Vance asked Mr. Maloney if they are comfortable with the C-1 zoning.
13) Mr. Maloney responded yes they acknowledge and accept the C-1 zoning with no
issues.
14) Ron Ramza, 2999 N. Lake Harbor, Boise, ID, applicants representative signed in favor
of the application and will speak only if needed for rebuttal.
15) Matthew Clements, 12035 W. Stage Coach Road, Nampa, ID signed in neutral of the
application and stated that he is the owner of the property that is abutted on three sides
of the subject property and came to the hearing with concerns of what the zoning will
do to the residential value of their property. Mr. Clements expressed his concerns about
rumors of potential uses of the subject property and came to the hearing to see what the
proceedings are.
16) Chairperson Doty-Pomoransky asked Mr. Clements if he was satisfied with testimony
about the zoning.
17) Mr. Clements stated that they had heard a half way house; the type where people are
coming out of the criminal system was potentially going in and wondered if that was an
allowed use in the C-1 zone.
18) Mr. Wagoner responded that would classify as a transitional home and the transitional
home in a C-1 zone would require a special use permit. It would not be an outright
allowed use.
19) Chairperson Doty-Pomoransky asked Mr. Clements if Mr. Wagoner answered his
question.
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20) Mr. Clements responded yes.
21) Chairperson Doty-Pomoransky closed the public testimony.
MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Feucht
Passed: Unanimous voice vote.
Comprehensive Plan Analysis for Case Number ZON-04-14 - MOTION: Commissioner
Feucht SECOND: Commissioner Vance Passed: Unanimous roll call vote.
Findings of Fact for Case Number ZON-04-14 - MOTION: Commissioner Feucht SECOND:
Commissioner Vance Passed: Unanimous roll call vote.
Conclusions of Law for Case Number ZON-04-14 – MOTION: Commissioner Vance
SECOND: Commissioner Feucht Passed: Unanimous roll call vote.
The Commission discussed among themselves the reason for recommending approval of the C-1
zone instead of C-2 Zone.
Recommendation for Case Number ZON-04-14 – MOTION: Commissioner Feucht SECOND:
Commissioner Vance. Recommendation for Approval with conditions: 8.2 – 8.4 as written.
V. Planning Issues –
A. The next regularly scheduled Planning and Zoning Commission hearing is October 14, 2014.
VI. Adjournment
The meeting was adjourned at approximately 7:30 p.m.
MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-POMORANSKY ON THE
DATE NOTED BELOW:
____________________________________ _____________________
Ed Doty-Pomoransky Date
ATTEST: ____________________________________________
Jarom Wagoner, Senior Planner
FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING.