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HomeMy WebLinkAbout2019-06-18 Planning and Zoning Minutes CITY OF CALDWELL CALDWELL PLANNING AND ZONING COMMISSION MINUTES Community Room, Caldwell Police Department APPROVED 110 South 5th Avenue, Caldwell,Idaho /� � , June 18, 2019, 7:00 P.M. APPROVED 2 Lkf� l Date 1 5/ I4 Call to Order-Chairperson Doty-Pomoransky called the meeting to order at /:05p.m. Review of Proceedings- Roll Call- Members Present: Ed Doty-Pomoransky, Betsy Hunsicker, Dana Vance Members Absent:James Nelson, Roger Page 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 May 14, 2019, regular meeting as previously signed by Chairman Doty-Pomoransky. MOTION: Commissioner Vance. SECOND: Commissioner Hunsicker. Passed: Unanimous roll call vote. New Business: 1. Case Number ANN-19-03/SUP-19-10: A request by Steve Harmsen and Superior Signs to annex 3.79 acres, more or less, with a C-3 (Service Commercial)zoning designation. Also being requested is a special-use permit to construct an off-premise(billboard) sign within the proposed C-3 (Service Commercial) zoning district. The subject property is located at 3801 Hwy 20/26 (Parcel# R3527700000) 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 annex 3.8 acres with a C-3 zoning designation. The applicant is also requesting approval to install an off-premise (billboard) sign. Billboards must be separated by a quarter mile distance. Commissioner Hunsicker asked if the conditions he just stated were different then what was in the staff report. Mr.Wagoner stated yes. Paged 1 Planning and Zoning Minutes Commissioner Hunsicker asked if there were restrictions on the height of a billboard. Mr.Wagoner stated that a 30 foot billboard is being proposed and that is well within the requirements for this zone. Mr.Wagoner stated that Commissioner Vance will recuse herself from this case as she is the applicant and owner of Superior Signs. We have reviewed code and it states that in regards to a quorum it includes all those commissioners present, including those who have recused themselves. They do not get to vote or discuss but they are part of the quorum. Ms. Dana Vance, 120 N 21st Ave, Caldwell, Idaho (applicant) stated that she is here to request a special use permit for a billboard. They originally had this recommended to be approved in the count but the city was looking at the application and it made sense to annex into the city since they are surrounded by city. In order to have a billboard it has to be a commercial zone. The owner is approached annually to rent a small piece of his property for a billboard. The owner does have some site restrictions, there is approximately 400 feet of frontage on 20/26 and of that,there are 2 40 ft driveways. They would be required to have 8 to 10 trees max but they are also losing the driveway space. She is requesting that the 10 trees and 50 shrubs would be adequate. Ms.Vance said her client is also requesting a deferral agreement on the landscaping as the area is still mostly agriculture. They would like a 12 month deferral or until someone else develops in the area. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Hunsicker. SECOND: Commissioner Doty. Passed: Unanimous voice vote. ANNEXATION: Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Hunsicker. SECOND: Commissioner Doty. 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 Hunsicker. SECOND: Commissioner Doty. Passed: Unanimous voice vote. Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Hunsicker.SECOND: Commissioner Doty. Passed: Unanimous voice vote. RECOMMENDATION FOR ANN-19-03 (Annexation) MOTION: Commissioner Hunsicker that Case Number ANN-19-03 be approved with the following conditions: 8.2 -8.5 with the revision of 8.4 to install a 20 ft landscape buffer, 10 class II trees and 50 shrubs. Revision to 8.5 to construct a 5 ft detached concrete sidewalk along the frontage and the addition of 8.6 to allow landscaping to be deferred for 12 months or until development is approved on the east,west or south side of this property or within a 120 day notice request of the City of Caldwell. SECOND: Commissioner Doty. Passed: Unanimous roll call vote. Page I2 Planning and Zoning Minutes SPECIAL USE PERMIT: Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in 9.1 and 9.2. MOTION: Commissioner Hunsicker. SECOND: Commissioner Doty. 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 Hunsicker. SECOND: Commissioner Doty. Passed: Unanimous voice vote. Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Hunsicker.SECOND: Commissioner Doty. Passed: Unanimous voice vote. ORDER FOR SUP-19-10 (Special Use) MOTION: Commissioner Hunsicker that Case Number SUP- 19-10 be approved with the following conditions 12.2 - 12.6 with the revision of 12.3 to a minimum 20 ft wide landscape buffer with 10 class II trees and 50 shrubs and the revision of 12.5 will be a 5 ft detached sidewalk(matching the conditions of approval in the Annexation) and the addition of 12.7 to allow landscaping to be deferred for 12 months or until development is approved on the east,west or south side of this property or within a 120 day notice request of the City of Caldwell. SECOND: Commissioner Doty. Passed: Unanimous roll call vote. 2. Case Number PUD-19P-01: A request by JUB Engineers for a Planned Unit Development with a Preliminary Plat for Hampshire Place Subdivision consisting of 5.9 acres, more or less, with 39 residential lots, and 8 common lots. The subject properties are located at the northwest corner of Spruce Street and Georgia Avenue, in Caldwell, Idaho (Parcel# R0409700000, R0409600000, & R0410000000). Testimony: Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report. Mr.Wagoner stated the applicant is requesting approval of a Planned-Unit Development (PUD) consisting of 39 residential lots and 8 common lots. There is a requirement of four required optional amenities in a Planned Unit Development.The applicant is proposing a basketball court,gazebo and BBQ area, energy star efficient housing and a playground. Conditions outline that they develop the property as proposed in compliance with their site plan. A PUD also allows for deviations from typical standards which would include the side yard setback reduced to 5 feet, minimum lot size reduced as well as minimum lot frontage reduced. Within the PUD they are allowed to ask for those reductions since they are providing additional amenities. Commissioner Hunsicker what is a PUD how does it differ from other subdivisions. Mr.Wagoner stated that PUD is where you take a mix of housing or uses where you can incorporate commercial uses within housing areas and you can have different types of housing uses; from single family to 4-plexes to multi family. It's congregating uses that still flow and go together within a confined area. PUD can also be on small infill projects. Wendy Shrief,JUB Engineers, 250 S Beechwood Ave., Boise, ID stated that this is an infill property and said that Jarom and the Engineering department have been great to work with. They are Page 13 Planning and Zoning Minutes proposing 39 residential lots. They will be doing single-family detached housing. It will probably be a development for young families. They will propose a variety of housing types.They are providing a few amenities. They will be doing some hefty road improvements to the streets. They are in agreement with the staff report and conditions. Commissioner Hunsicker asked why not use an alley configuration in a tight development like this. Ms. Shrief said that with an alley,you are still fronting on a public street and then an alley behind your home and you end up using a lot of land in putting a lot of money into paving those streets. There are only certain circumstances where it makes sense. Commissioner Vance asked if they provided staff with some changes/conditions regarding roadway improvements. Mr. Wagoner stated he has the changes to the Engineering staff report and those will go to City Council. Shawn Brownlee (in favor), 9839 W. Cable Car St., Boise, Idaho signed in favor but chose not to speak. Amanda Lowman, (neutral) Caldwell Irrigation Lateral District, 1616 E Chicago, Caldwell, Idaho stated they have a pump house on the corner by the low lying canal that is one of their major ports that they send into their irrigation system. They attended the neighborhood meeting and asked if this development was going to impact where their pump station is located. They still have never received conformation if this development will affect their pump house or where their fence is. They have not heard back from anyone. They need to know what will happen to their pump stations. Terry Dye, (neutral) 2419 E Beech St., Caldwell, Idaho stated they have concerns with the traffic on Beech Street and Georgia. His concern is the irrigation canal on Georgia and Beech Street.All the properties on Beech Street use that and that will be a problem. They were told it would be tiled. They are in favor of road improvements. Carrie Dye, (neutral) 2419 E. Beech St., Caldwell, Idaho signed neutral but chose not to speak. Rebuttal: Ms. Shrief stated that they have talked to Caldwell Irrigation a couple of times.They have a fence that is encroaching slightly on the southern part of their property.They will work with them to have that resolved. Mr. Doty asked if they have addressed the concern of encroaching on their screens. Mr. Shrief stated she will work with them. Regarding Mr. Dyer's comments regarding irrigation they will be working with Pioneer Irrigation,they cannot negatively affect irrigation water.They are protected by state statutes. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Hunsicker. SECOND: Commissioner Vance. Passed: Unanimous voice vote. Page l 4 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 Hunsicker. SECOND: Commissioner Vance. 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 Hunsicker. 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 Vance. SECOND: Commissioner Hunsicker. Passed: Unanimous voice vote. ORDER FOR PUD-19P-01 (Planned Unit Development) MOTION: Commissioner Vance that Case Number PUD-19P-01 be approved with the following conditions: 12.2 -12.10 with the addition of 12.11 to state that homes shall be substantially similar as PZ-1003 (photos of homes). SECOND: Commissioner Hunsicker. Passed: Unanimous roll call vote. 3. Case Number ANN-19-02 &SUB-19P-03:A request by AllTerra Consulting, LLC and Adam Fuhriman to annex 14.9 acres, more or less,with an R-1 (Low Density Residential) zoning designation with a development agreement,and for Preliminary Plat approval of Covington Square Subdivision consisting of 14.9 acres, more or less,to be subdivided into 29 residential lots and 5 common lots. The subject property is located at the southwest corner of Linden Street and Dorman Avenue 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 approval to annex 14.9 acres,with an R-1 (Low Density Residential) zoning designation and approval of a Preliminary Plat for Covington Square Subdivision, consisting of 29 residential lots. Mr.Wagoner read a letter submitted by a Mr. Renstrom. Mr.Jay Walker, (applicant) AllTerra Consulting, 849 E State St. Eagle, Idaho stated he has appreciated working with staff. They are requesting annexation with R-1 zoning and a comp plan change from Commercial to Residential and for a preliminary plat. They are located within the area of impact. They will be agreeable to work with Mr. Renstrom and try to be agreeable to their requests and leave them in an equal to or greater situation. Commission Doty asked where the mailboxes will be located in this subdivision. Mr.Walker stated they have a common park and there will be a coordinated cluster box. Commissioner Hunsicker asked if there would be fencing along the perimeter. Mr.Walker stated yes, a 6 ft vinyl fence. Adam Fuhriman, (in favor), PO Box 213, Star, Idaho signed in favor but chose not to speak. Page 15 Planning and Zoning Minutes Janet Trumble, (neutral) 2903 Farmway Road, Caldwell, Idaho stated that she is concerned with right-of-way and losing her trees and gardens. They would like that area to stay vacated. Tim Trumble, (neutral) 2903 Farmway Road, Caldwell, Idaho stated that he wanted to bring a couple of things regarding the annexation. He doesn't have a problem with the development just the annexation and their property being the border between city/county. They have heard about a buffer and he is for that and the 6ft fencing. His other concern is they flood irrigate their property and when it overflows it floods the Covington Square property. Richard Renstrom, (neutral), 2821 Dorman Ave., Caldwell, Idaho brought a letter that was read by Mr.Wagoner. Gerri Schoonderwood (opposed), 1003 Lannahan P1, Caldwell Idaho stated she has lived on Dorman Avenue for 12 years. They are not in the City limits. When they moved there they chose to not live in the City,that was their personal choice. They can have a garden,shoot a gun,grow a garden if that is what they choose to do. Dorman Road is a nice country road.When you put 39 houses that will have an entry right there,that takes their freedom away of ever having a quiet road again. There is a lot of places to grow subdivisions this is not the right place. They will have school buses up and down that narrow road.They don't have any stop lights. The speed limit is 35 mph. People go 45 mph. You are going to make this country Dorman road a busy road.When they attended the meeting back in December the reason they all went is because several of them is concerned that the City may want to annex them in too. It devalues them and their choices. They were told at the meeting if they didn't like it they could move to Weiser. Where are their rights without being told they have to move out of the area. Commissioner Hunsicker asked if the Meadows Sub was there when she bought her house. Gerry replied yes. Mr. Robert Schronderwood, (Opposed), 1003 Lannahan P1, Caldwell Idaho (Opposed) stated the meeting that was held last year,there were 40 to 50 people who attended.There was standing room only. They are talking about a C store on the corner of Linden and Farmway. It was stated the lots would be bigger than any lot in this area. What is the actual size of the houses on these lots? Marcene Robertson (opposed), 2909 Dorman Ave., Caldwell, Idaho signed in opposition but chose not to speak. Rebuttal: Mr.Jay Walker stated that it's good to have community input.They are a local company and they are concerned about doing the right thing. They will work with Trumble's on the drainage. He may need to correct the number of people who attended the meeting. He never told anyone to move anywhere. There are 29 lots not 39 lots. They are not talking about a huge volume increase of traffic. He stated in his summary that these neighbors did not want to be annexed. He told Mr. Wagoner about their concerns. They are excited about the project and hopes he answered some of the questions. He wants to put in a high quality project. Commissioner Doty asked if they had photos of the homes that would be going in. Mr.Walker stated no. Page l 6 Planning and Zoning Minutes Commissioner Hunsicker asked about the range of lot sizes. Mr.Walker stated there will be .2 and .6 acre homes. There is a variation. They meet all the ordinances. Commissioner Doty asked what the size of home would be. The owner stated they will be 1800 to 2600 sq ft homes. Commissioner Hunsicker stated she had concerns about the density of R-1 and mixing the lot sizes. Mr.Walker stated a lot of that had to do with pocket parks and location/orientation while maintaining the access points. He doesn't believe anyone would be able to view the differences, they are organized in a way that is very marketable. They are all adequate size. Mr.Walker stated the smallest lots are the ones located in the cul-de-sac because the cul-de-sac takes up a lot of the space. Most are a 1/3 acre or larger. Commissioner Hunsicker asked staff if we have enough information to move forward. Mr. Wagoner stated yes,this is a preliminary plat. Commissioner Doty asked about moving forward without the right-of-way information. Mr.Wagoner stated they could verify that information prior to taking this to the City Council meeting. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Vance. SECOND: Commissioner Hunsicker. Passed: Unanimous voice vote. ANNEXATION: Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Hunsicker. SECOND: Commissioner Vance. Passed: Unanimous voice vote Findings of Fact:The Caldwell Planning and Zoning Commission accepts the Findings of Facts components as listed. MOTION: Commissioner Vance. SECOND: Commissioner Hunsicker. Passed: Unanimous voice vote. Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Vance. Passed: Unanimous voice vote. RECOMMENDATION FOR ANN-19-02 (Annexation) MOTION: Commissioner Hunsicker that Case Number ANN-19-02 be approved with the following conditions: 8.2 - 8.3 SECOND: Commissioner Vance. Passed: Unanimous roll call vote. Page7 Planning and Zoning Minutes PRELIMINARY PLAT: Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in 9.1 and 9.2. MOTION: Commissioner Hunsicker SECOND: Commissioner Vance. Passed: Unanimous voice vote Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts components as listed. MOTION: Commissioner Vance. SECOND: Commissioner Hunsicker. Passed: Unanimous voice vote. Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Vance. Passed: Unanimous voice vote. RECOMMENDATION FOR SUB-19P-03 (Preliminary Plat) MOTION: Commissioner Vance that Case Number SUB-19P-03 be approved with the following conditions: 12.2 - 12.17 SECOND: Commissioner Hunsicker. Passed: Unanimous roll call vote. 4. Case Number OA-19-03:A request by the City of Caldwell Planning and Zoning Department to amend portions of Chapter 10,the Zoning Ordinance, of City Code. Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner stated this case is being continued to the July 9, 2019 meeting. Motion to continue:Vance.Second: Hunsicker. Passed: Unanimous roll call vote. 5. Case Number DAA-19-01:A request by the Caldwell Urban Renewal Agency to terminate the Development Agreement that was approved as part of Case No. ZON-58-08 recorded as Instrument Number 2008051187, and any amendments thereafter. The Development Agreement is associated with the property located directly west of the intersection of Smeed Parkway and Thomas Jefferson Street(Parcel # R3530701000) in Caldwell, Idaho. Testimony: Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report and stated that the applicant is requesting to terminate the existing development agreement that is tied to Parcel R35307-010 and recorded Instrument# 2008051187. The required conditions listed in the development agreement are no longer applicable to the subject property and the applicant wishes to terminate the entire agreement. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Hunsicker.SECOND: Commissioner Vance. 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 Hunsicker SECOND: Commissioner Vance. Passed: Unanimous voice vote Findings of Fact:The Caldwell Planning and Zoning Commission accepts the Findings of Facts components as listed. MOTION: Commissioner Vance. SECOND: Commissioner Hunsicker. Passed: Unanimous voice vote. Page 18 Planning and Zoning Minutes • Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Hunsicker. SECOND: Commissioner Vance. Passed: Unanimous voice vote. RECOMMENDATION FOR DAA-19-01 (Development Agreement Amendment) MOTION: Commissioner Hunsicker that Case Number DAA-19-01 be approved. SECOND: Commissioner Vance. Passed: Unanimous roll call vote. V. Planning Issues- A. Next Planning and Zoning Commission Scheduled Public Meeting Date: July 9, 2019. VII. Adjournment MOTION: Commissioner Hunsicker SECOND:Vance. The meeting was adjourned at approximately 10:10 p.m. MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-POMORANSKY ON THE DATE NOTED BELOW: SOI/ , J-(AN_ ��9 Doty-Po or nsky, Chair Date J ATTEST: c...._Y C'\, Jarom Wago r,AICP, Senior Planner FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING. Page l 9 Planning and Zoning Minutes