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Home My WebLink About2019-04-09 Planning & Zoning Minutes etiTirt7riv V cy CITY OF CALDWELL Date N CALDWELL PLANNING AND ZONING COMMISSION MIN Community Room,Caldwell Police Department 110 South 5th Avenue, Caldwell, Idaho April 9, 2019, 7:00 P.M. Call to Order-Chairperson Doty-Pomoransky called the meeting to order at 7:03 p.m. Review of Proceedings- Roll Call- Members Present: Ed Doty-Pomoransky,James Nelson, Roger Page, Dana Vance Members Absent: Betsy Hunsicker Staff Present:Jarom Wagoner(Senior Planner/Development Team Leader),Robb MacDonald(City Engineer), Lori Colligan (Administrative Secretary) Staff Absent: None Old Business:Approve minutes of March 12, 2019 regular meeting as previously signed by Chairman Doty-Pomoransky. MOTION: Commissioner Nelson. SECOND: Commissioner Page.Passed: Unanimous roll call vote. New Business: 1. Case Number DAN-19-01: A request by Jeff Beagley and Randy Wood to de-annex from the City of Caldwell 0.24 acres,more or less. The property is zoned RS-1 (Residential Estates)and is a portion of the property located at the intersection of Lincoln Road and Midland Boulevard(Parcel R3406200000) in Caldwell, Idaho. Testimony: Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605,Senior Planner,presented the staff report. Mr.Wagoner stated the applicant is requesting to de-annex approximately 1.35 acres.The applicant would like the property to revert to Canyon County agriculture zoning. They want to de-annex a small portion of the property to adjust the property line. Mr.Jeff Beagley, 1950 Sand Hollow Rd. Caldwell, ID stated the owner wants to build a shop and needs to adjust the property line. Mr. Randy Wood,signed in favor but chose not to speak. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page.SECOND: Commissioner Vance. Passed: Unanimous voice vote. Page I 1 Planning and Zoning Minutes Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in 5.1 and 5.2.MOTION: Commissioner Page. SECOND: Commissioner Nelson. Passed: Unanimous voice vote. Findings of Fact:The Caldwell Planning and Zoning Commission accepts the Findings of Facts components as listed and the evidence list. MOTION: Commissioner Vance.SECOND: Commissioner Page. Passed: Unanimous voice vote. Conclusions of Law:The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Page. SECOND: Commissioner Nelson. Passed: Unanimous voice vote. RECOMMENDATION FOR DAN-19-01 (Deannexation) MOTION: Commissioner Nelson that Case Number DAN-19-01 be approved SECOND: Commissioner Page. Passed: Unanimous roll call vote. 2. Case Number ANN-19-01/SUP-19-07: A request by Mary Quenzer and Mason& Associates to annex three parcels totaling 38.97 acres,more or less,with an R-1 (Low Density Residential)zoning designation with a Development Agreement. Also being requested is a special- use permit to construct and operate an RV Park within the proposed R-1 (Low Density Residential) zoning district. The subject properties are located at the southwest corner of Aviation Way and Marblefront Road, in Caldwell, Idaho (Parcel#'s R3512801000, R3512800000,&R35128010A0). Testimony: Jarom Wagoner, 621 Cleveland Blvd.,Caldwell, ID 83605,Senior Planner, presented the staff report. Mr.Wagoner stated the applicant is requesting to annex 39 acres with an R-1 zoning designation. The applicant is also requesting approval to construct and operate an RV Resort. There are some conditions regarding the special use permit; curb,gutter and sidewalk.They would also be required to landscape the area. Mr.Wagoner also read a statement from Idaho Code 67-6535. Commissioner Nelson asked about the condition of a buffer on Aviation way, is there a road there? Mr.Wagoner stated that there will be as each area develops. Commissioner Vance asked if it was an R-1 designation. Would an RV park be considered high density? Mr.Wagoner stated that is the reason for the special use permit. Mr.William Mason, Mason and Associates, 924 3rd St.S., Nampa, Idaho stated the project before them tonight is Sun Creek Resort. It will be similar to the RV Resort off of Smeed. The resort will be on the east side of the drain. They are actually buffered by the drain itself. There will be probably one entrance to the resort,there will be a secondary emergency entrance for fire. They are in agreement with the conditions. Commissioner Vance asked if they had an approximate number of RV spots there would be. Mr. Mason stated 225. Page 12 Planning and Zoning Minutes Commissioner Vance asked about how many storage units? Mr. Mason stated they have not figured that out yet. Mr. Dan Roberts (in favor), 3415 Marblefront Road,stated he lives directly across from where this will be developed. In the past 5 to 6 years with the other subdivisions that have come in traffic has really increased. Personally,he would prefer it stay a farm. He is in favor of this because he prefers this to a subdivision. He also likes that it is not a KOA. It will be large motor homes and this seems like a good use. Shawn Strong, (in opposition) 208 Bridgeport Ave,wanted to say he's not opposed to him doing what he wants with his property. He stated there is a school right there and his daughter walks to school and crosses the street,his concern is the increase in traffic. Commissioner Nelson asked what the speed limit is? Mr. Strong stated 35 mph. Commissioner Doty asked if there was a crosswalk there. Mr. Strong stated yes,but sometimes she gets to school before the cross guard gets there. Ms.Cheryl Sanderson,Van Buren Elementary School, 3115 Marblefront, Caldwell,Idaho stated they support the annexation but object to the special use permit. It detracts from the neighborhood; it doesn't fit within the surrounding uses. And it will increase large vehicle traffic. The school zone does overlap with the property.They are concerned with the transient nature of the residents. Idaho Code does allow a sex offender to be in a temporary location for up to 7 days. They want to go on record stating these concerns. Commissioner Nelson asked if the information comes from the school board. Ms. Sanderson stated it comes from the Administration. Ms.April Burton,CFO Caldwell School District,3115 Marblefront, Caldwell, Idaho stated she supports the comments made by her colleague; the district is very concerned with the transient nature of the residents. Within a 1.5 mile radius is a walking area for their children. They feel the special use permit is not conducive to the surrounding area. Commissioner Vance asked if there is a code stating how far a sex offender has to be within a school? Ms. Burton stated she did not know. Dana dekruyf, 204 Bridgeport Ave.,Caldwell, Idaho signed in opposition but chose not to speak. Shawn Strong, 208 Bridgeport Ave., Caldwell, Idaho signed in opposition but chose not to speak. Sue Smith, 124 Bridgeport Ave.,Caldwell, Idaho signed in opposition but chose not to speak. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page.SECOND: Commissioner Nelson. Passed: Unanimous voice vote. Page 13 Planning and Zoning Minutes MOTION TO OPEN PUBLIC TESTIMONY: Commissioner Page.SECOND: Commissioner Vance. Passed: Unanimous voice vote. Mr. Mason (rebuttal) stated he was shocked at what he just heard. This was meant to be a resort for snowbirds. He doesn't expect a high turnover. There will be a club house and a club house manager on staff. It will be observed and watched. He believes if there were problems the City would revoke the SUP. Commissioner Vance asked about the lighting. Mr. Mason stated they will address that. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page.SECOND: Commissioner Nelson. Passed: Unanimous voice vote. Comprehensive Plan Analysis (ANN-19-01): The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Nelson.SECOND: Commissioner Page. Passed: Unanimous voice vote Findings of Fact(ANN-19-01): The Caldwell Planning and Zoning Commission accepts the Findings of Facts components as listed and the evidence list. MOTION: Commissioner Vance. SECOND: Commissioner Page. Passed: Unanimous voice vote. Conclusions of Law(ANN-19-01):The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Nelson SECOND: Commissioner Page. Passed: Unanimous voice vote. RECOMMENDATION FOR ANN-19-01 (Annexation) MOTION: Commissioner Page that Case Number ANN-19-01 be approved with the following conditions: 8.2 -8.9 SECOND: Commissioner Nelson. Passed: Unanimous roll call vote. Comprehensive Plan Analysis (SUP-19-07): The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in 9.1 and 9.2. MOTION: Commissioner Vance.SECOND: Commissioner Page. Passed: Unanimous voice vote Findings of Fact(SUP-19-07):The Caldwell Planning and Zoning Commission accepts the Findings of Facts components as listed and the evidence list. MOTION: Commissioner Vance.SECOND: Commissioner Page. Passed: Unanimous voice vote. Conclusions of Law(SUP-19-07):The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Page.SECOND: Commissioner Nelson. Passed: Unanimous voice vote. ORDER FOR SUP-19-07 (Special Use Permit) MOTION: Commissioner Vance that Case Number SUP-19-07 be approved with the following conditions: 12.2-12-13 SECOND: no second Commission needed further discussion. AMENDED MOTION: Commissioner Vance that Case Number SUP-19-07 be approved with the following conditions: 12.2-12-15 with the modification of the following conditions: 12.11 privacy fence will surround the facility on Aviation Way and Marblefront that would be on the park side of Page I 4 Planning and Zoning Minutes the right-of-way and on the South and West side of the property it can abut the property line and the landscaping can be inside. Condition 12.14 requesting downward facing lighting to prevent off- site lighting and Condition 12.15 to add a gate for the irrigation district to be able to monitor their right-of-way. SECOND: Commissioner Page. The motion to approve passed,with a majority voting in favor: Vance, Page, Doty and one voting opposed: Nelson Roll call vote 3. Case Number SUP-19-06: A request by TJ Frans and Heritage Community Charter School for a special-use permit to expand an existing public school/educational facility within the R-3 (High Density Residential) zoning district. The subject property is located at 1803 E.Ustick Road (Parcel R3572301200) in Caldwell, Idaho. Testimony: Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report. Mr.Wagoner stated the applicant is requesting special use permit approval to construct an addition to an existing charter school. Commissioner Nelson asked what exactly is being done. Mr.Wagoner stated they are building a new classroom addition; 5,500 sq feet, it will house 4 new classrooms. Mr. Macdonald, 621 Cleveland Blvd, Caldwell, Idaho stated that he is here representing the school, he served on the school board for 61/z years. It is a charter school and it is getting a little crowded. It will not increase the number of allowed students or the student population and they are having to share space. Adam Garcia, 1202 Peregrine Ct.,Caldwell, Idaho signed in favor but chose not to speak. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Vance.SECOND: Commissioner Nelson. Passed: Unanimous voice vote. Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Vance. SECOND: Commissioner Page. Passed: Unanimous voice vote Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts components as listed. MOTION: Commissioner Page. SECOND: Commissioner Vance. Passed: Unanimous voice vote. Conclusions of Law:The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Nelson.SECOND: Commissioner Page. Passed: Unanimous voice vote. ORDER FOR SUP-19-06 (Special Use Permit) MOTION: Commissioner Page that Case Number SUB-19-06 be approved with the following conditions: 8.2 SECOND: Commissioner Vance. Passed: Unanimous roll call vote. Page 15 Planning and Zoning Minutes , V. Planning Issues- A. There will be a training session - not sure on the date yet. B. The next regularly scheduled Planning and Zoning Commission hearing is scheduled for May 14, 2019. VII. Adjournment MOTION: Commissioner Nelson.SECOND: Page. The meeting was adjourned at approximately 8:43 p.m. MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-POMORANSKY ON THE DATE NOTED BELOW: r Al CD .,1 .�.. 1. A I#LA I ' oty Po ansky, Chair / Dat- ATTESTr\N'N. "---1. jarom Wagon r,AICP,Senior Planner FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING. Page ! 6 Planning and Zoning Minutes