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HomeMy WebLinkAbout8-11-09_PZCALDWELL PLANNING AND ZONING COMMISSION MINUTES August 11, 2009 Call to Order – Acting Chairperson Runsvold called the meeting to order for the public hearing at 7:04 p.m. Roll Call – Members Present: Vincent Sanchez, James Runsvold, Gene Shaffer, and alternate Kenneth Sholz Disclosures: Appoint James Runsvold as acting Chairperson for the hearing being held. MOTION: Commissioner Sanchez SECOND: Commissioner Shaffer. Members Absent: Geoff OldenKamp, Mike Jakobson, Betty Tollman Staff Present: Anne Marie Skinner (Senior Planner/Community Development Coordinator), Brent Orton (Assistant City Engineer), Brian Billingsley (Planning and Zoning Director), April Cabello (Planning Technician) Review of Proceeding –Acting Chairperson Runsvold announced the procedures for the public hearing.  OLD BUSINESS Approve Minutes of meeting as signed by Chairperson Jakobson on June 28, 2009. MOTION: Commissioner Shaffer SECOND: Commissioner Sanchez.  IV. NEW BUSINESS Case Number SUB-200P-09/ZON-65-09 a request by Herman Sakimoto, JDL Investments LLC, Tom Morris and Pathway Asset LLC for a comprehensive plan map change from High Density Residential to Commercial; a rezone of 0.46 acres from R-3 High Density Residential to C-2 Community Commercial; and, preliminary plat approval of Kimball Office Park Condominiums Subdivision consisting of one common lot and three units located at 1207 and 1211 South Kimball Avenue. Testimony: Anne Marie Skinner, Senior Planner/Community Development Coordinator presented the staff report and submitted an aerial map of the site labeled as PZ-1000. The Commissioners conversed with staff regarding landscaping requirements. Tom Morris, applicant’s representative, signed in favor of the application and provided supporting testimony. Mr. Morris stated the applicant is in full agreement with the staff report with the following exceptions - under Section 2.7.3 Engineering Department Comments on page 4 under Rights-of-Way and Street, on page 5 under Rights-of-Way, Sewer and Irrigation and on page 6 under Section 2.9 Landscaping. Ms. Skinner addressed the applicant’s questions and concerns and outlined the requirements of the subdivision ordinance, specifically that required improvements as noted in said subdivision ordinance cannot be waived. Herman Sakimoto, applicant, signed in favor of the application but did not wish to speak. MOTION TO CLOSE TESTIMONY: Commissioner Shaffer SECOND: Commissioner Sholz Passed: Unanimous roll call vote. Comprehensive Plan Analysis ZON-65-09 – Accepted MOTION: Commissioner Shaffer SECOND: Commissioner Sanchez Passed: Unanimous roll call vote. Findings of Fact on Case Number ZON-65-09 – Accepted MOTION: Commissioner Sanchez SECOND: Commissioner Shaffer Passed: Unanimous roll call vote. Conclusions of Law on Case No. ZON-65-09 –The conclusions of law were read and accepted. MOTION: Commissioner Sanchez SECOND: Commissioner Shaffer Passed: Unanimous roll call vote. Recommendation on Case No. ZON-65-09 - MOTION: Commissioner Shaffer SECOND: Commissioner Sholz Approved with conditions as written in the staff report. Comprehensive Plan Analysis SUB-200P-09 – Accepted MOTION: Commissioner Shaffer SECOND: Commissioner Sanchez Passed: Unanimous roll call vote. Findings of Fact on Case Number SUB-200P-09 – Accepted MOTION: Commissioner Sanchez SECOND: Commissioner Shaffer Passed: Unanimous roll call vote. Conclusions of Law on Case No. SUB-200P-09 –The conclusions of law were read and accepted. MOTION: Commissioner Shaffer SECOND: Commissioner Sanchez Passed: Unanimous roll call vote. Recommendation on Case No. SUB-200P-09 - MOTION: Commissioner Shaffer SECOND: Commissioner Sholz Approved with conditions 12.2 – 12.9 with the following changes: Add 12.10 – required improvements shall be deferred until new construction. 12.5- correction: said increase to take place to the southwesterly portion of the property which is also the vacant 1/3 of the property.  Case Number SUB-201P-09 a request by BH Caldwell LLC, Matthias Kellmer, and Landmark Engineering and Planning for preliminary plat approval of Caldwell Commons Subdivision consisting of 10.78 acres and 23 buildable lots in a C-3 Service Commercial zone located at the northeast corner of Cleveland Boulevard and Ustick Road. Testimony: Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented the staff report and submitted an aerial map of the site labeled as PZ-1000. Brent Orton, Assistant City Engineer, submitted a Caldwell Commons Traffic Mitigation Report labeled as PZ-1001 and explained the requirements to the Commission. Clint Boyle, applicant’s representative, signed in favor of the application and provided supporting testimony. The Commissioners conversed with staff regarding surrounding land uses. John Carpenter, applicant’s representative, signed in favor of the application and provided supporting testimony. Matthias Kellmer, applicant, signed in favor of the application and stated he is in agreement with previous testimony. Shane Hotchkiss signed in favor of the application but did not wish to speak. MOTION TO CLOSE TESTIMONY: Commissioner Shaffer SECOND: Commissioner Sanchez Passed: Unanimous roll call vote. Comprehensive Plan Analysis SUB-201P-09 – Accepted MOTION: Commissioner Shaffer SECOND: Commissioner Sanchez Passed: Unanimous roll call vote. Findings of Fact on Case Number SUB-201P-09 – Accepted MOTION: Commissioner Sanchez SECOND: Commissioner Shaffer Passed: Unanimous roll call vote. Conclusions of Law on Case No. SUB-201-09 –The conclusions of law were read and accepted. MOTION: Commissioner Sanchez SECOND: Commissioner Sholz Passed: Unanimous roll call vote. Recommendation on Case No. SUB-201P-09 - MOTION: Commissioner Shaffer SECOND: Commissioner Sanchez. The Commission voted unanimously to recommend Approval with the conditions as listed in the staff report.  Case Number OA-117-09 a request by the Engineering Department and the Planning and Zoning Department for an ordinance amendment to Chapter 13, Article 5, concerning the access ordinance. Testimony: Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented the staff report. MOTION TO CLOSE TESTIMONY: Commissioner Sanchez SECOND: Commissioner Shaffer Passed: Unanimous roll call vote. Comprehensive Plan Analysis. OA-117-09 accepted. MOTION: Commissioner Shaffer SECOND: Commissioner Sanchez Passed: Unanimous roll call vote. Recommendation on Case No. OA-117-09 - MOTION: Commissioner Sholz SECOND: Commissioner Sanchez. The Commission voted unanimously to Recommend Approval.  FURTHER OLD BUSINESS (continued from June 9, 2009) Case Number OA-113-09 a request by Caldwell’s Planning & Zoning Director for an ordinance amendment to add section 10-03-13 to the Caldwell Zoning Ordinance for the Administrative Citation Process. Testimony: Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented the staff report. MOTION TO CLOSE TESTIMONY: Commissioner Shaffer SECOND: Commissioner Sanchez Passed: Unanimous roll call vote. Comprehensive Plan Analysis. OA-113-09 accepted. MOTION: Commissioner Shaffer SECOND: Commissioner Sanchez Passed: Unanimous roll call vote. Recommendation on Case No. OA-113-09 - MOTION: Commissioner Sholz SECOND: Commissioner Sanchez. The Commission voted unanimously to Recommend Approval .  (continued from June 9, 2009) Case Number OA-114-09 a request by Caldwell’s Planning and Zoning Department for an ordinance amendment to Chapter 10, zoning ordinance, of the Caldwell city code. Testimony: Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented the staff report. MOTION TO CLOSE TESTIMONY: Commissioner Sanchez SECOND: Commissioner Shaffer Passed: Unanimous roll call vote. Comprehensive Plan Analysis . OA-114-09 – Accepted MOTION: Commissioner Sanchez SECOND: Commissioner Sholz Passed: Unanimous roll call vote. Recommendation on Case No. OA-114-09 - MOTION: Commissioner Shaffer SECOND: Commissioner Sholz. The Commission voted unanimously to Recommend Approval with the following conditions: Add to section 10-3-07(3)(R) Time extensions may be granted at the discretion of the Planning and Zoning Director. Add a section to include a 20’ wide landscape buffer between railroads and residential properties. Said buffer would contain a minimum 3-foot high berm with landscaping consisting of Evergreen plantings with full growth reached in 3 years of a minimum 20’ in height, mixed with deciduous trees as accents, with pressurized irrigation.  VI. Planning Issues none  VII. Adjournment  Adjourn public hearing MOTION: Commissioner Sanchez SECOND: Commissioner Sholz Passed: Unanimous roll call vote. The meeting was adjourned at approximately 9:50 pm. MINUTES APPROVED AND SIGNED BY ACTING CHAIRPERSON JAMES RUNSVOLD ON THE DATE NOTED BELOW: ____________________________________ _____________________ James Runsvold Date ATTEST: ____________________________________________ Senior Planner / Community Development Coordinator