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HomeMy WebLinkAboutPlanning & Zoning - Hearing Examinerr r PLANNING AND ZONINGMEARING EXAMINER ITEM DATE SUBMITTED BY PZ- I AGENDA 7 --) - $J PZ-2 MINUTES PZ-3 SIGN-UP SHEET(S) --7_ $ - 20 PZ- q c ✓mr Zo I L( Gc� Pz- � �'p � . � � Lot � RECOMMENDATION BY THE HEARING EXAMINER CITY OF CALDWELL, IDAHO PUBLIC HEARING HELD JULY 8, 2014 Subject: Staff Report — Case No. ANN-01-14 (Escobedo Annexation) THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION: • ANNEXATION OF APPROXIMATELY 0.26 ACRES INTO THE CITY OF CALDWELL WITH A REQUEST FOR R-1 (LOW DENSITY RESIDENTIAL) ZONING. TABLE OF CONTENTS: I COURSE OF PROCEEDINGS II GENERALFACTS III TESTIMONY IV APPLICABLE LEGAL STANDARDS V COMPREHENSIVE PLAN ANALYSIS ON ANNEXATION VI FINDINGS OF FACT ON ANNEXATION VII CONCLUSIONS OF LAW ON ANNEXATION Vill RECOMMENDATION ON ANNEXATION COURSE OF PROCEEDINGS 1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application ANN-01-14 to be held before the Caldwell Hearing Examiner on July 8, 2014. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On June 22, 2014, notice was published in the Idaho Press Tribune, and on June 20, 2014 notice was mailed to all political subdivisions providing services to the site and to all property owners within 300 feet of the project site; and, on June 26, 2014 notice was posted on the site. 1.2 On July 8, 2014, the Caldwell Hearing Examiner voted to recommend approval of the annexation request. 1.3 Files and exhibits relative to this application are available for review in the Planning and Zoning Department, 621 Cleveland, Caldwell and at applicable public hearings. II GENERAL FACTS 2.1 OWNER/APPLICANT: Martin Escobedo, 321 Amber Street, Caldwell, ID 83605. 2.2 REQUEST: Martin Escobedo is requesting annexation of approximately 0.26 acres located at 3805 S. Montana Avenue with an R-1 (Low Density Residential) zoning. 2.4 BACKGROUND: The subject property is currently in Canyon County and contains a single- family residence. Case No. ANN-01 14 (Escobedo Annexation) Page 1 of 5 RECOMMENDATION by Hearing Examiner f� Y 2.5 LEGAL DESCRIPTION: A legal description for the subject property was submitted with the annexation application and is contained within the case file. 2.6 COMPREHENSIVE PLAN DESIGNATION: The subject property is designated as Low Density Residential. LOW DENSITY RESIDENTIAL: Suitable for single-family residential neighborhoods, to include churches, schools, neighborhood parks, comparable public facilities and essential utility locations. The residential density range for a single-family residential subdivision shall not exceed three dwelling units per acre. A planned unit development with mixed uses, such as duplexes, townhouses and compatible non-residential uses, may be permitted at a residential density of not more than six dwelling units per gross acre. The application is not proposing any changes to the comprehensive plan map. 2.7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: 2.7.1 Land Use: The subject property is surrounded by the following: Direction Zone Comprehensive Plan Map Use Site County Low Density Residential Residential North R-1 Low Density Residential Residential South R-1 Low Density Residential Residential East R-1 Low Density Residential Residential West County Medium Density Residential Pasture 2.7.2 Transportation/Connectivity: The subject property utilizes an existing street system and will take access from Montana Avenue. 2.7.3 Landscaping: The current proposal does not include any landscaping plans. Typically, landscaping plans are submitted with a preliminary plat and/or building permit applications. The installation of required landscaping will take place in conjunction with the future development of the site. 2.7.4 Public Services, Utilities and Facilities: The engineering department, fire marshal, building department, police department, Caldwell School District, and Pioneer Irrigation District were all sent a request for comment on May 30, 2014, Robb MacDonald, with the Engineering Department provided comments on June 4, 2014 (see PA-1). III TESTIMONY BEFORE THE HEARING EXAMINER, JULY 8, 2014 3.1 Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report and stated the request was for annexation of 0.26 acres into the City of Caldwell with the request for an R-1 (Low Density Residential) zoning. The subject property is currently in Canyon County and contains a single-family residence. Mr. Wagoner identified surrounding uses as follows: to the north is zoned R-1 (Low Density Residential) and the comprehensive plan map shows it as Low Density Residential and the use is residential; to the south is zoned R-1 (Low Density Residential) and the comprehensive plan map shows it as Low Density Residential and the use is currently residential; to the east is zoned R-1 (Low Density Residential) and the comprehensive plan map shows it as Low Case No. ANN-01-14 (Escobedo Annexation) Page 2 of 5 RECOMMENDATION by Hearing Examiner r k Density Residential and the use is residential; to the west is county and the comprehensive plan map shows it as Medium Density Residential and the use is currently pasture. Mr. Wagoner further stated that staff is supportive of the request for annexation and the zoning of R-1 (Low Density Residential). Martin Escobedo, applicant, 321 Amber Street, Caldwell, ID 83605, testified in favor of the application and stated he purchased the property as an investment for his children and the reason he would like to annex into the city is for city water. Mr. Mapp wondered about an existing well. Mr. Escobedo responded that the well is not on his property and that the well has been abandoned. Connie Hoover, 3809 S. Montana Ave, Caldwell, ID 83605 signed in favor of the application and stated that the property looks better now than in the last few years and supports the annexation Mr. Mapp closed the public testimony. IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell Zoning Ordinance No. 1451, as amended 4.2 City of Caldwell Comprehensive Plan, as amended 4.3 Idaho Code, Title 67, Chapter 65, Local Planning Act V COMPREHENSIVE PLAN ANALYSIS ON ANNEXATION The Caldwell Hearing Examiner accepts the Comprehensive Plan Components as listed below. 5.1 The proposed project is consistent with the following Comprehensive Plan Components: GOALS AND POLICIES — Property Rights Goal 1: Ensure that land use policies, restrictions, conditions and fees do not violate private property rights, adversely impact property values or create unnecessary technical limitations on the use of the property. Policy 1-1: Establish a sound basis for land use and environmental regulations through comprehensive planning and adopted policies and ordinances. Policy 1-2: Identify potential takings of private property prior to a regulatory or administrative action on specific property. Policy 1-4: Assure that development pays its fair share by establishing a rational, equitable basis for calculating the type of any exaction, or the amount of any impact fee. GOALS AND POLICIES — Population GOAL 9: Maintain a high quality of life and livability in the community. Case No. ANN-01-14 (Escobedo Annexation) Page 3 of 5 RECOMMENDATION by Hearing Examiner POLICY 1-1: Plan for anticipated population and households that the community can support with adequate services and amenities. GOALS AND POLICIES — Land Use GOAL 9: Establish land -use management policies that protect property rights and the environment, maintain a high quality of life, provide adequate land for all types of development, and adequately buffer non -compatible uses. Policy 1-1: Guide the growth and development of land uses in such a way that the health, safety and general welfare of residents will be protected. 5.2 The request was not found to be inconsistent with any portion of the Comprehensive Plan Components. It is the policy of the city to annex areas based upon the City's ability to orderly extend services to those areas contiguous to the City's municipal boundary. Staff recommends approval of the annexation request. VI FINDINGS OF FACT ON ANNEXATION 6.1 The Caldwell Hearing Examiner accepts the facts outlined in the staff report, public testimony and the evidence list. VII CONCLUSIONS OF LAW ON ANNEXATION 7.1 The Caldwell Hearing Examiner has the authority to hear this case and recommend that it be approved or denied. The public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances. Vill RECOMMENDATION ON ANNEXATION 8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby recommends to the Mayor and Caldwell City Council that Case No. ANN-01-14, a request by Martin Escobedo for annexation of approximately 0.26 acres into the City of Caldwell with R-1 Low Density Residential zoning designation, located at 3805 S. Montana Avenue, be approved with the following conditions of approval: 8.2 All adopted city codes, rules, and regulations shall be adhered to in the development of and new construction on the subject property. 8.3 Dedicate 40 feet of right-of-way measured from the centerline of Montana Avenue, abutting the site. The right-of-way dedication shall take place within 45 days from the date of the signed Order of Decision. 8.4 Enter into a deferral agreement with the City of Caldwell for the future construction of curb, gutter, and sidewalk on Montana Avenue and Helena Drive, abutting the site. Case No. ANN-01-14 (Escobedo Annexation) Page 4 of 5 RECOMMENDATION by Hearing Examiner r CASE NUMBER ANN-01-14 WAS HEARD BY THE CALDWELL HEARING EXAMINER AT A PUBLIC HEARING HELD JULY 8, 2014. THE FINDINGS OF FACT, CONCLUSIONS ADMINISTRATIVELY APPROVED AND SIGNED THE DATE NOTED BELOW. �l Date OF LAW, AND RECOMMENDATION WERE BY THE CALDWELL HEARING EXAMINER ON ATTEST: Tp rr—_ Jarom Wa , Senior Planner Page 5 of 5 Case No. ANN-01-14 (Escobedo Annexation) RECOMMENDATION by Hearing Examiner - r f2-100-D LALDWELL HEARING EXAMINER MINUTES July 8, 2014 I. Call to Order — Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public hearing at 7:10 p.m. 11. Review of Proceedings -- Mr. Jerome Mapp outlined the procedures for the public hearing. Members Present: Jarom Wagoner (Senior Planner/Development Team Leader); April Cabello (Planning Technician); Brian Billingsley (Planning Director); Robb MacDonald (Assistant City Engineer) Members Absent: None. ill. Old Business: A. Mr. Mapp approved the Minutes of the May 13, 2014 meeting as previously signed by Hearing Examiner Mapp. IV. New Business: A. Case Number ANN-01-14 a request by Martin Escobedo for annexation of approximately 0.25 acres, more or less, into the City of Caldwell with an R-1 Low Density Residential zoning classification located at 3805 S. Montana Avenue in Caldwell, Idaho. Testimony: I. Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report and stated the request was for annexation of 0.26 acres into the City of Caldwell with the request for an R-1 (Low Density Residential) zoning. The subject property is currently in Canyon County and contains a single-family residence. 2_ Mr. Wagoner identified surrounding uses as follows: to the north is zoned R-1 (Low Density Residential) and the comprehensive plan map shows it as Low Density Residential and the use is residential; to the south is zoned R-1 (Low Density Residential) and the comprehensive plan map shows it as Low Density Residential and the use is currently residential; to the east is zoned R-1 (Low Density Residential) and the comprehensive plan map shows it as Low Density Residential and the use is residential; to the west is county and the comprehensive plan map shows it as Medium Density Residential and the use is currently pasture. 3. Mr. Wagoner further stated that staff is supportive of the request for annexation and the zoning of R-1(Low Density Residential). 4. Martin Escobedo, applicant, 321 Amber Street, Caldwell, ID 83605, testified in favor of the application and stated he purchased the property as an investment for his children and the reason he would like to annex into the city is for city water. 5. Mr. Mapp wondered about an existing well. Hearing Examiner Minutes Hearing on July 8, 2014 Page (1 r r 6. Mr. Escobedo responded that the well is not on his property and that the well has been abandoned. 7. Connie Hoover, 3809 S. Montana Ave, Caldwell, ID 83605 signed in favor of the application and stated that the property looks better now than in the last few years and supports the annexation. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ANN-01-14 (Annexation): Mr. Mapp accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ANN-01-14: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list consisting of the written and verbal staff reports, the case file, PZ-1000 (aerial photo), and the sign-up sheet. All adopted city ordinances, standards, and codes were used in evaluating the application. Conclusions of Law for ANN-01-14: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Comprehensive Plan Analysis for ANN-01-14 (Comprehensive Plan Map Change): Mr. Mapp accepted the comprehensive plan analysis as listed in the staff report. RECOMMENDATION: The Hearing Examiner RECOMMENDED that Case Number ANN-01-14 BE APPROVED with R-1 designation and the conditions as outlined in the staff report. B. Case Number ZON-03-14 a request by Thomas Development Corporation for a rezone of 3.5 acres, more or less, from R-1 Low Density Residential to R-3 High Density Residential and a comprehensive plan map change from Low Density Residential to High Density Residential. The subject property is located at 2812 S. Montana Avenue in Caldwell, Idaho. Testimony: 1. Brian Billingsley, Planning Director, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report as written and further noted the apartment complex was constructed on the subject parcel in 1980 and at that time an apartment complex could legally be built as a PUD in an R-1 zone. The Caldwell Comprehensive Plan allows a density of up to six (6) units per acre in an R-1 zone. The subject site has forty units and a density of 11.42 units per acre and based on the current density, the subject site may face difficulties obtaining a permit to rehabilitate, expand, repair or replace any buildings or structures. 2. Mr. Billingsley further explained that the applicant contacted the Planning and Zoning Department in 2013 before purchasing the subject site and after reviewing the situation, staff recommended to the applicant that the property should be rezoned to ensure its continuity as multi -family complex. 3. Mr. Billingsley identified surrounding uses as follows: to the north and west it is zoned R-1 (Low Density Residential) and the comprehensive plan shows it as Public and the use is a School, to the south is zoned R-1 (Low Density Residential) and the compressive plan shows it as Low Density Residential and is currently vacant, and to the east it is zoned R-2 and R-3 and the comprehensive plan shows as High and Medium Density Residential and the use is residential. Hearing Examiner Minutes Hearing on July8, 2014 P 4 e 12 4. Mr. Bilt lingsley further explained that staff has conducted a spot zoning analysis and found four (4) properties with R-3 Multi -Family Residential zoning within one-half mile of the subject property. A parcel of land adjacent to the subject property on the east side at 2800 S. Montana is zoned R-3 and that three other sites including Heritage Community Charter School on Ustick Road, Eldorado Estates on Ustick at Washington Avenue and a dentist office at 3611 S. 101n 5. Mr. Billingsley stated staff is in favor of the application and recommends approval. 6. Mr. Mapp confirmed this was an existing development that was built in 1980 and is in need of upgrading. 7. Mr. Billingsley responded that he would refer that question to the applicant and stated that banks get nervous about providing funding to a high density residential complex that is zoned low density residential. 8. Tom Mannschreck, applicant, 413 Idaho Street, Ste 200, Boise, ID 83702, testified in favor of the application and stated that his company is in the business of developing affordable housing and has built over 70 apartment communities over the last 20 years through new construction and acquisition such as this property. Last year they contacted the City of Caldwell and spoke with Brian Billingsley who agreed at that time to give them a legal non conforming use letter for purpose of financing. Mr. Billingsley encouraged them to rezone the property. 9. Mr. Mannschreck further stated they have submitted plans to the City of Caldwell for renovation of about $40,000 a unit, permits have been pulled and renovation construction is well under way. The properties existing section 8 residents will not be displaced and they have held three meetings with the residents in the last 12 months whom are very supportive of the renovations. 10. Mr. Mannschreck stated that they have not received any comments from the neighbors at the neighborhood meeting. 11. Mr. Mannschreck stated this is really just a cleanup of the zoning to make things easier for future renovations. 12. Mr. Mapp confirmed the applicant is not adding any new units. 13. Mr. Mannschreck responded the existing units will stay the same size and the only small addition will be to the community building. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ZON-03-14: Mr. Mapp accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ZON-03-14: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for ZON-03-14: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION: The Hearing Examiner RECOMMENDED that Case Number ZON-03-14 BE APPROVED with R-3 designation and the conditions as outlined in the staff report. Hearing Examiner Minutes Hearing on July B, 2014 P a C. Case Number SUB-u3(P)-14 & ZON-02-14 a request by Corey Barton Homes, Inc. for preliminary plat approval of Apple Creek Subdivision consisting of 14.5 acres to be subdivided into 69 residential lots and 3 common lots, a Comprehensive Plan Map Change from Low Density Residential to Medium Density Residential, a development agreement, and a rezone of approximately 14.5 acres, more or less, from R-1 Low Density Residential to R-2 Medium Density Residential, located at the corner of Ida Red Avenue and Laster Street. Testimony: 1. Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report as written and an aerial photo of the site labeled as Exhibit PZ-1000. 2. Mr. Wagoner explained that the applicant is requesting a rezone from R-1 Low Density Residential to R-2 Medium Density Residential to complete Apple Creek Subdivision with 6,000 square foot lots. Also requested is a Comprehensive Plan Map amendment from low -density residential to medium - density residential. Simultaneously being requested is preliminary plat approval of Apple Creek Subdivision No. 5-7 consisting of 69 single-family residential lots and 4 common lots on approximately 14.4 acres. The subdivision will be completed in three phases. 3. Mr. Wagoner further explained that the applications for the requests were accepted in the Planning and Zoning Department on May 7, 2014. The subject property is currently zoned R-1 Low Density Residential with Low Density Residential designations on the Comprehensive Plan Map and is currently bare ground. Apple Creek Subdivision was annexed into the City of Caldwell in 2003. The request to rezone to R-2 is precipitated by a change in lot size requirements in 2008. Previously, lots in the R-1 district were required to be at least 6,000 square feet. The ordinance change now requires lot sizes to be 8,000 square feet in the R-1 district. The R-2 district currently has a minimum lot size of 6,000 square feet. Staff does not oppose a rezone to R-2 because it will allow the developer to complete the subdivision to the density level that was originally approved when the site was annexed into the City. 4. Mr. Wagoner explained that the economy went south in 2007 and thus the developer did not continue with the preliminary plat and thus the plats expired and the only thing lacking was pavement. Mr. Wagoner explained that the Irrigation lines, sewer and water lines were installed and that the streets were cut and compacted; everything was there excluding the asphalt. The owner at that time walked away and thus requiring the applicant to comply with the requirements of today's ordinance being 8000 sq ft lots and that it would wreak havoc on what's already been done on the property. 5. Mr. Wagoner identified the surrounding uses as follows: to the north is zoned R-1(Low Density Residential) and the comprehensive plan map shows it as Public and the use is residential; to the south is zoned R-1 (Low Density Residential) and the comprehensive plan map shows it as public and the use is currently a Elementary School; to the east is zoned R-1 (Low Density Residential) and the comprehensive plan map shows it as Low Density Residential and the use is residential; to the west is zoned R-1(Low Density Residential) and the comprehensive plan map shows it as Low Density Residential and the use is residential. Hearing Examiner Minutes Hearing on July 8, 2014 P : 4 6. Wagoner also explained that often people are leery of R-2 zone when they are in a single family residential area but the applicant is not building duplexes, this will be single family homes. The applicant will be restricted in this area to be equal to an R-1 zone where they would require a special use permit, the applicant will not be allowed to go and build a duplex unless they followed the same rules as the R-1 zone asking for a special use permit. 7. Mr. Wagoner stated the applicant will be required to show that the utilities are still in compliance and will perform a test on the utilities. 8. Mr. Mapp confirmed what had been stated was that all public services have been placed on the site except for the pavement and the street and when the applicant does the pavement they will have to meet all the Engineering requirements. 9. Robb MacDonald, Assistant City Engineer, responded that the utilities have been installed and have been accepted and maintained by the City, the only thing that needs work is the grading to prepare for the asphalt and a couple of sidewalk sections that will need to be replaced. The water system would need to be tested to make sure that it meets the City's specifications. Everything else is essentially approved. 10. Mr. Mapp expressed his concern about water flow through the existing pipes. 11, Mr. MacDonald responded that the pipes have been accepted by the City and whether they are or are not active; the water lines will have to be tested. 12. Mr. Mapp confirmed with staff the minimum lot size is 6,000 sq ft and also wondered about two lots in Apple Creek No. 6 block 4, lots 23 and 28 that are under the minimum 6,000 sq ft. 13. Mr. Wagoner responded that condition 12.4 states that development, design, and construction of Apple Creek shall be in substantial compliance with the submitted preliminary plat for Case File Exhibit A-3, excepting those lots shown being less than 6,000 square feet which shall be adjusted to meet the minimum lot size of 6,000 square feet. Any other deviations from said Case File Exhibit A- 3 shall require City Council approval through a public hearing. 14. Scott Noriyuki, applicant representative, 6810 Fairhill Place, Boise, ID 83714, testified in favor of the application and stated they are in complete concurrence with the staff report and the conditions of approval. 1S. Mr. Noriyuki addressed the two deficient lots and stated the applicant will be able to appropriately adjust the lot lines towards the back without affecting any existing utility locations. 16. Mr. Noriyuki further explained they are not the original developer that walked away from the project and the current applicant has since come in and picked up the subdivision to simply complete an incomplete subdivision pushing forward as originally envisioned. 17. Mr. Noriyuki clarified for the Hearing Examiner; City of Caldwell and the neighbor's that the R-2 zoning will bring them into compliance to renew their entitlement; the applicant has no desire to proceed with any type of duplex, fourplex, multifamily or commercial. The Development Agreement will re enforce the commitment and will ensure for the neighbors that the applicant cannot do a bait and switch. 18. Mr. Noriyuki stood for question. 19. Mr. Mapp asked if the water was active. 20. Mr. Noriyuki responded that portions of the water are active but regardless they will valve off everything and flush, text and chlorinate if required. Also Hearing Examiner Minutes Hearing on July 8, 2014 P a S they will camera and pressure test all the sewer lines. Same with power, water, cable and pressurized irrigation, storm drainage in addition to some of the side walk panels that need to be replaced and pedestrian ramps that are out of compliance will be replaced, they will re -grade, compact and pave. 21. Mr. Mapp confirmed with staff if the Development Agreement will state that no duplexes. 22. Mr. Wagoner responded that is correct. 23. Mr. Mapp explained to the audience what a Development Agreement is and that it is a legal binding document. 24. Kathryn Barton, 1120 Empire Ct, Caldwell, ID 83607 signed in neutral of the application and stated the fire hydrant does work at the end of Empire Street and there is a low grade area that needs to be addressed. 25. Christopher Allen, 4715 Keepsake Ave, Caldwell, ID 83607 signed in neutral of the application and stated he does not understand what the applicant means by a common lot and wondered if they could build a park or something for the children since the neighborhood is full of children. Mr. Allen also expressed his and the neighbors concerns about duplexes, triplexes, fourplexes and if that's resolved and that there will be only single family homes. 26. Mr. Mapp explained a common lot is a lot that you cannot build on and will ask the applicant to respond to his question at rebuttal. 27. Dorothy Daniel, signed in opposition of the application and signed up to speak but stated she decide not to speak. 28. Steve Daniel, signed in opposition of the application and signed up to speak but stated he is satisfied and decided not to speak. 29. Dorothy R. Jones, 1207 Empire Ct, Caldwell, ID 83607 signed in opposition of the application and gave background on why she was speaking tonight. Ms. Jones expressed her concern regarding the 300ft notification code and that the notification should have been given to all the people who live in the subdivision and that other states place notification in the paper. Ms. Jones also stated that she does not understand why if Council makes the decision on changing the zoning and that the Council makes a decision on the lot size then why could that decision not have been made with the council without changing the zoning. 30. Mr. Mapp explained that Idaho State Code requires notices with the minimum requirement of 300ft from the subject property and also needs to be notified in the news paper. 31. Mr. Wagoner confirmed it was noticed in the Idaho Press Tribune on June 22, 2014. 32, Ms. Jones responded she was not aware of the publication and agrees with the application. 33. Mr. Jeff Parker, 1007 Honeycrisp Dr, Caldwell, ID 83067 signed in opposition of the application but did not wish to speak. 34. Mr. Noriyuki provided rebuttal testimony. Mr. Noriyuki responded that there will be some common open area that will be owned and maintained by the HOA. The open space will be a combination of some drainage facility as well as general open space for people to spend time, throw a ball or frisbee or something like that. The original development had significant open space created by virtue of the school. 35. Mr. Noriyuki further stated that the development agreement will bind the applicant to single family detached homes and there will be no multifamily. Hearing Examiner Minutes Hearing on July 8, 2014 d 2 r MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ZON-02-14 (Apple Creek Rezone): Mr. Mapp accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ZON-02-14 (Apple Creek Rezone): The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list consisting of the sign-up sheet, case file, written and verbal staff reports, and aerial of the site submitted by Jarom Wagoner. Conclusions of Law for ZON-02-14 (Apple Creek Rezone): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ZON-02-14 (Apple Creek Rezone): The Hearing Examiner RECOMMENDED that Case Number ZON-02-14 BE APPROVED. Comprehensive Plan Analysis for SUB-03(P)-14 (Apple Creek Subdivision): Mr. Mapp accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUB-03(P)-14 (Apple Creek Subdivision): The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list consisting of the sign-up sheet, case file, written and verbal staff reports, and aerial of the site submitted by Jarom Wagoner. Conclusions of Law for SUB-03(P)-14 (Apple Creek Subdivision): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR SUB-03(P)-14 (Apple Creek Subdivision): The Hearing Examiner RECOMMENDED that Case Number SUB-03(P)-14 BE APPROVED with conditions 12.2 —12-.9 D. Case Number SUP-07-14 a request by Oscar Pedraza for a special -use permit to increase the current occupancy load and to allow for outdoor events at the Columbia Event Center, located within a C-3 (Service Commercial) zone. The subject property is located at 3801 Lake Avenue, in Caldwell, Idaho. Testimony: 1. Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, 2. Mr. Wagoner submitted exhibit PZ-1001 a document called Special Use Permit Conditions provided by Todd Lakey the applicant's representative, exhibit PZ- 1002 and a document called Special Use Permit Conditions with Staffs recommended changes in red provided by Staff. 3. Mr. Wagoner presented the staff report stating that the applicant is requesting special use permit approval to increase the current occupancy load and to allow for outdoor events at the Columbia Event Center in the C-3 (Service Commercial) Zone. 4. Mr. Wagoner gave some history on the subject property, stating that the special use on this property was originally approved in 2002 as a dance hall / event center. The applicant recently met with staff wanting to increase the Hearing Examiner Minutes Hearing on July B, 2014 8 '? 17 r. approved occupant load of 462 people, the use will stay the same, just wants to increase the occupant load. 5. Mr. Wagoner stated that the subject property is zoned C-3 (Service Commercial) and is surrounded by the following uses: to the north is C-3 and the use is commercial Machine Shop, to the south is C-3 and the use is Commercial the Terrace Drive-in, to the east is C-3 and the use is Commercial Pasture, and to the west is C-3 and the use is Commercial, Pioneer Irrigation and residences. 6. Mr. Wagoner stated that the subject property has one access point onto Lake Avenue which a minor arterial road way and the use requires the minimum of one parking stall for every five allowed occupants and there is approximately 80 paved parking stalls on the site. 7. Mr. Wagoner also stated that staff is in support of this request given that there are conditions to ensure the safety and property use. 8. Mr. Wagoner reviewed exhibits PZ-1001 and PZ-1002, explaining the changes to the conditions of approval. The main concerns are access points, parking and safety. Staff is in agreement with the proposed changes with additions to conditions 8.3, 8.4, 8.10, 8.12, 8.13, 8.14, and 8.16. 9. Mr. Mapp confirmed with staff that instead of having a secondary access that everyone may use will be restricted only for emergency personnel. 10. Mr. Mapp confirmed the occupancy load will be 850, no issues on alcohol, parking will be 170, and the hours of operation are okay. 11. Todd Lakey, applicant representative, 141 E. Carlton, Meridian, ID 83642, testified in favor of the application and submitted exhibit PZ-1003, a power point document. 12. Mr. Lakey provided testimony stating the Columbia Event Center has been something similar to a dance hall, concert venue for over 20 years. It's primarily been used for concerts, weddings, parties and dances. It has been this use for decades and is currently operating under a special use permit approved in 2002. The clients were not completely aware of all the conditions of the special use permit from 2002 and one of the conditions related to occupancy wasn't clear as to the maximum load. The applicant has been operating since they owned business for the last two years, simply complying with fire code and operating at this occupancy level of 850 plus at some of the events because it complied with the existing fire code. When the applicant was contacted by the City is when the applicant found out there were some potential conflicts with the special use permit. The applicant wants to work with the city and that is why they are here. 13. Mr. Lakey reviewed the site plan of the property and the surrounding area explaining the drive in theater has three screens but only using one screen at this time. 14. Mr. Lakey stated the applicant is in agreement with the recommended conditions listed on exhibit PZ-1002, but didn't want to exclude the option to utilize a single split entry and block off an emergency access lane. The applicant understands it is not the preferred option for police and fire but the applicant needs to have that option to discuss with fire and police. Mr. Lakey further stated that he had explained this option to the drive in neighbor but she was not excited about police and fire trucks going through her property. They also tried contacting the director at WITCO to discuss potential cooperation and will try to work with all the neighbors to get a separate access from the initial Hearing Examiner Minutes Hearing on July 8, 2014 P a g e location. Mr. Lakey continued to share his power point presentation explaining the split entry and proposed access points. 15. Mr. Lakey stated the applicant is okay with condition 8.4. 16. Mr. Lakey stated that condition 8.10, offsite parking, that the applicant's preference is to utilize onsite parking. They would prefer to invest on their site verse putting in curb; gutter and side walk on offsite parking. 17. Mr. Mapp confirmed with Mr. Lakey the applicant choose the first option and not the or as listed in condition 8.10. 18. Mr. Lakey responded they would like the opportunity to choose between the two but the applicant's preference is the first option but they would like to choose between the two options. 19. Mr. Mapp stated the condition 8.10 should read the applicant has the option to choose between the two options listed in 8.10 and to work that out with staff. 20. Mr. Lakey spoke to the existing parking lot landscaping and requested of the Hearing Examiner the grandfathering status on the old existing parking areas because the code under 10.07.02 says that the parking lot requirements apply to special use permits but it also states parking lots existing prior to November 18, 2002 are exempt. They would like to be exempt and rely on the exemption. This would be condition 8.12 on the exhibit submitted by Jarom Wagoner with the writing in red exhibit PZ-1002. The applicant would like to strike the red writing of Jarom Wagoner and landscape only the new parking. 21. Mr. Lakey stated the applicant is okay with 8.13 as written by staff. 22. Mr. Lakey addressed the hours of operation and stated they are in agreement with the first portion of the conditions and would like to have the opportunity for flexible hours in the summertime. The issue is they want to be compatible with the drive in theater that is located adjacent to the subject property but sometimes the drive in theater does not start until 10pm or later. In discussion with the owner of the drive in she stated that the California movie company controls the start time of the movie which is set two weeks in advanced also turns the movie on so all she has to do is turn on her machine and the movie starts. Mr. Lakey stated that they like having the times of the movies two weeks in advanced and that it provides an opportunity for the applicant to communicate with the neighbor and let them know of upcoming events. 23. Mr. Mapp stated there must be a condition that can be enforced. 24, Mr. Mapp stated if the city starts getting calls and conflicts with condition 8.14 as written on exhibit PZ-1001, this case would be subject to go before the Hearing Examiner reinstating the exact time. 25. Mr. Mapp referred back to condition 8.12 and wondered if putting the planters in now would be a financial hard ship and asked staff to give the applicant a year to install the landscaping planters. 26, Mr. Wagoner responded that staff would have no concerns and it would allow the applicant to do the planters at the same time as the additional parking by June 30, 2015. 27. Mr. Lakey stated the applicant agrees to the condition. 28. Dennis King, 521 W Maple, Caldwell, ID 83605 signed in neutral of the application and stated that he is an employee at WITCO; an adjacent property. He stated he is not there to represent WITCO in opposition of the special use permit for outdoor events but rather they have several questions about whether WITCO's property is being protected from some of the uses that could happen. WITCO wonders if this is this an opportunity for vandalism to occur Hearing Examiner Minutes Hearing on July8, 2014 P a 9 r r due to the length of hours that the property will be open for events where alcohol is available and where events can last for multiple days. One of the issues with the WITCO property is it is at the back of the property where trouble can often take place. So their question is if their property will be protected from vandalism in the plan that is being proposed? 29, Mr. King also testified that given the nature of their business, which is a community rehabilitation program which serves at this site over 100 individuals with physical and intellectual disabilities and is a vocational training program as well as a developmental training program and feels there is a potential conflict with WITCO hours, Monday through Friday $am to 5pm. WITCO's concern is the function at the event center that would run multiple days, Thursday through Sunday. The question is if there is there adequate protection from the noise during the working hours and wonder if a strong planting buffer would stop the noise and be visually appealing. Mr. King also wondered about the chain link fence that is being proposed and stated that from the vandalism point of view, would it make sense to have a solid fence that is more difficult to climb. WITCO wonders if the special use permit is written adequately to protect them. 30. Mr. Mapp wondered if there has been any record of vandalism. 31. Mr. Kings stated no but the reason the question comes up is because of the significant change in the use of the property from indoor to outdoor use and the extended amount of hours along with alcohol mixed together can be trouble. 32, Mr. Lakey gave rebuttal testimony. 33. Mr. Lakey stated that in the two years the applicant has operated the business there has only been one police call. The business runs its security at the ratio of one officer for every 75 people and has a high level of security with some of the security being off duty police officers. The applicant's security does a good job of controlling the events on site. 34. Mr. Lakey stated that the alcohol service is not changing other than the layout of the interior. 35, Mr. Lakey shared that there is a 6ft chain link that runs around exterior of the property, also there is a landscaping buffer that runs along the southern edge. 36. Mr. Lakey stated that there has not been anyone attempting to access or exit through WITCO's property. 37. Mr. Lakey stated the applicant runs the operation such that there will not be any problems. MR. MAP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for SUP-07-14 (Special Use): Mr. Mapp accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-07-14 (Special Use): The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for SUP-07-14 (Special Use): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Hearing Examiner Minutes Hearing on July 8, 2014 P a e j ] ORDER OF DECISION FOR SUP-07-14 (Special Use Permit): The Hearing Examiner ORDERED that Case Number SUP-07-14 IS APPROVED with conditions: 8.2 -as written 8.3 -revised with the strikeouts 8.4 - with the additions 8.5 - 8.10 - with the writing in red, either or based upon discussion with staff and the applicant 8.11- 8.12 - with the writing in red and adding that the planters shall be completed by June 30, 2015 8,13 - replaced with the underlined language 8.14 - with the strikeouts included and if the condition is violated the case could come back before the Hearing Examiner to revise the condition 8.15 - as written 8.16 - with the new language 8.17 - 8.18 as written V. Planning Issues —None. VI. Adjournment The Hearing Examiner adjourned the meeting at approximately 8:00 p.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M BELOW: 3v M. Jerome Mapp ^ ate Jarom Wagoner, Senior Planner / Development Team leader JEROME MAPP, ON THE DATE NOTED ATTEST: Date For detailed minutes, please request a copy of the digital recording. Hearing Examiner Minutes Hearing on July 8, 2014 Page 111 r 77 - g-- D-- P� SIGN UP SHEET Please print the following required information and in the appropriate box check whether you wish to speak or do not wish to speak. CASE NAME: 66 CASE NUMBER: AY-\ 0 1 IN FAVOR NEUTRAL IN OPPOSITION rAoMicant or Re resentative eak ❑ Do not speak Name Print Address CA 1 =�S3b City State, Zip peak ❑ Do not speak Co Pt Yt ce f vz*er Print Name Re S oKfan2 Print Address &-UWC-d- lb 960S' City State, Zip ❑speak ❑ Do not speak Print Name Print Address City State, Zip ❑speak ❑ Do not speak ❑speak ❑ Do not speak Print Name Print Address City State, Zip ❑speak ❑ Do not speak Print Name Print Address City State, Zip ❑speak ❑ Do not speak Print Name Print Address City State, Zip Print Name Print Address city State, Zip ❑speak ❑ Do not speak Print Name Print Address City State, Zip ❑speak ❑ Do not speak Print Name Print Address City State, Zip Ph: 208.455.3000 Fax: 208.455.3003 ��j / /� www.cityofcaidwell_cam GCG!'L� The Trea�litre of'the Valley Caldwell Hearing Examiner agenda for Public Hearing on Tuesday, July 8, 2014 at 7:00 p.m., in the Community Room of the Caldwell Police Department at 110 South 5'h Avenue, Caldwell, Idaho. AGENDA I. Call to Order II. Review of Proceedings Ill. Old Business A. Approve the Minutes of the May 13, 2014 meeting. IV. New Business Case Number ANN-01-14 a request by Martin Escobedo for annexation of approximately 0.25 acres, more or less, into the City of Caldwell with an R-1 Low Density Residential zoning classification located at 3805 S. Montana Avenue in Caldwell, Idaho. Case Number ZON-03-14 a request by Thomas Development Corporation for a rezone of 3.5 acres, more or less, from R-1 Low Density Residential to R-3 High Density Residential and a comprehensive plan map change from Low Density Residential to High Density Residential. The subject property is located at 2812 S. Montana Avenue in Caldwell, Idaho. Case Number SUB-03(P)-14 & ZON-02-14 a request by Corey Barton Homes, Inc. for preliminary plat approval of Apple Creek Subdivision consisting of 14.5 acres to be subdivided into 69 residential lots and 3 common lots, a Comprehensive Plan Map Change from Low Density Residential to Medium Density Residential, a development agreement, and a rezone of approximately 14.5 acres, more or less, from RA Low Density Residential to R-2 Medium Density Residential, located at the corner of Ida Red Avenue and Laster Street. Case Number SUP-07-14 a request by Oscar Pedraza for a special -use permit to increase the current occupancy load and to allow for outdoor events at the Columbia Event Center, located within a C-3 (Service Commercial) zone. The subject property is located at 3801 Lake Avenue, in Caldwell, Idaho. V. Next Hearing Examiner Public Meeting Date: Tuesday, September 9, 2014, at 7:00 p.m. VI. Adjourn SUGGESTIONS FOR TESTIFYING AT PUBLIC HEARINGS 1. Remember your objective ... It Is your objective to persuade the decision makers to vote or decide in favor of your side of the issue. It !+ will not help your cause to anger, alienate or antagonize the decision makers who are'Istening to your presentation. 2. Show your strangth...Many neighborhood groups have organized their testimony by having one or a few people speak on behalf of the group. The leader will ask those In the audience supporting the testimony to stand. This conveys to the decision makers the seriousness with which the Issue Is viewed by the attending parties. 3. Speak to the point ... Public officials have heard hundreds of people give testimony. They are grateful when the testimony is pertinent, well organized, and directly regards the matter at hand. Long stories, lectures or philosophy, abstract complaints about generalities, or redundant testimony are usually a poor use of time. 4. State your recommendation. 5. Be Informed.... Get a copy of the plan being heard, the staff report, the proposed ordinance, or other pertinent mater al. Then read it and plan your comments accordingly. 6. If you don't wish to speak, write it down... and submit it prior to the hearing. If written testimony Is specific. to the point and concise, it will be given as much attention as oral testimony. 7. Be reasonable.... Put yourself In the shoes of the decision makers. They must balance all points of view, Interests and proposals being made, and find the best course for the overall public good. While. Be prepared to compromise. Any person needing special accommodations to participate In the meeting should contact the City Office at (208) 455.4667 prior to the meeting. Cualquier persona ,-ecesdagdo ccr-id dads; .:upeclales para pamcipa- _^ la -eunion debe contactar al las oficinas de a Ciudad .; Ilame a 208 455- 4667 antes de la : eunion. 100I3ESi1? CdMMUNRIES QpfaH1P1.�, T n,.W...,..A. ,Z, yAM 1�DIY lS� City Hall 411 Blaine Street P.O. Box l 179 Caldwell, Idaho 83606 - 208.455.3000