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HomeMy WebLinkAbout05 Hearing Examiner PLANNING AND ZONING ilearc rzfr 6(am/ II ITEM DA'L'E SUBMITTED BY e2 - 3 �``�-�` 2:ira_c-Ip-N (2 -Z o - C c-�3 c-14-t.) Pa ©C 1 - 13-0-D �� � PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: % N."vv` 1 vk 510 ✓\ STREET ADDRESS: 70 S � (�� CITY/STATE/ZIP: O L c - 3 1 CI NAME OF CASE BEING HEARD: 6.--t ✓� `� z,✓ ��:� v r e ******************************************** --- 1 4 - r7 Check the appropriate line: Applicant or Representative X I Neutral/ wish to speak do not wish to speak In favor/ I Opposed/ wish to speak I wish to speak do not wish to speak I do not wish to speak Written comments may be attached to this form or you may write them in below. P2rC . PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: ,9L,i c/ STREET ADDRESS: clit,244 # 4'5 CITY/STATE/ZIP: �I-c--,9II/e'`/ NAME OF CASE BEING HEARD: 5/1, ******************************************************************************************** Check the appropriate line: Applicant or Representative 1 Neutral/ wish to speak do not wish to speak In favor/ I Opposed/ wish to speak I wish to speak do not wish to speak 1 do not wish to speak Written comments may be attached to this form or you may write them in below. 1)2 - 2' . BEFORE THE PLANNING AND ZONING COMMISSION CITY OF CALDWELL,IDAHO IN THE MATTER OF THE APPLICATION OF ) CASE NO. SUP-19AA-97, GEMSTAR PROPERTIES,LLC FOR ) COURSE OF PROCEEDINGS, APPROVAL TO AMEND SUP-19A-97 TO ) GENERAL FACTS,TESTIMONY, ALLOW A SALES OFFICE WITHIN ) APPLICABLE LEGAL STANDARDS, CREEKSIDE MANUFACTURED HOME PARK ) FINDINGS OF FACT, ) CONCLUSIONS OF LAW,AND ) ORDER OF DECISION I COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Depaitinent issued a notice of Public Hearing on application SUP-19AA-97 to be held on December 9, 1999 before the Planning and Zoning Commission. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On November 24, 1999 notice was published in the Idaho Press Tribune; on November 22, 1999 notice was mailed to all property owners within 300 feet of the project site; and on December 2, 1999 notice was posted on the site. 1.2 Files and exhibits relative to this application are available for review in the Community Development Department and were available for review at the hearing. II GENERAL FACTS 2.1 APPLICANT (S): Gemstar Properties, LLC, 1604 W. Orchard, Suite 100,Nampa,ID., 83651 2.2 OWNER(S): Same as Applicant. 2.3 REQUEST: Approval to amend SUP-19A-97 to permit a temporary sales office to be located within a manufactured home on Lot 76 in Creekside Manufactured Home Park. 2.3.1 The Applicant's narrative noted that the office would be used to sell model homes within the Park and for the park manager to collect rent and enforce the Park's CC&R's. The narrative also noted that there will be no more than two sales representatives on site; the office hours will be from 9:00 a.m. to 5: p.m., Wednesday through Sunday; and that the office will remain until all 108 lots are occupied(there are currently 10 tenants and 12 model homes). 2.3.2 After submitting the application, the Applicant's representative asked planning staff if the manufactured home serving as the sales office on Lot 76 is sold for residential use, could the sales office be set up on another lot. The Applicant was advised to present this question to Commission members the night of the hearing. In anticipation of this, staff has included a possible condition of approval(7.7). 2.4 BACKGROUND INFORMATION: Creekside Manufactured Home Park was first approved by special use permit (SUP-19-97) on September 30, 1997. An amendment (SUP-19A-97) to the original permit was approved on November 24, 1997. The amendment was to increase the number of lots from 81 to 108. Neither of the approvals included a sales office; in order for a Pz - 3 sales office to be located within Creekside,an amendment to the existing special use permits must be sought and approved by the Commission. 2.5 LOCATION: Lot 76, Sparrow Avenue, Creekside Manufactured Home Park. Creekside is located at the intersection of Chicago and Sparrow Avenue. 2.6 PUBLIC FACILITIES: 2.6.1 Schools—Notice of the request was sent to Caldwell and Vallivue School Districts on November 22, 1999. III TESTIMONY 3.1 Linda James presented the staff report and explained why there was a necessity to amend the special use permit approved by Commission members on November 24, 1997. 3.2 Danny Byington, Applicant's representative, testified in favor and stated the following: if the manufactured home that is being used as the sales office is sold for use as a home, they would like to be able to locate the sales office in another home on another lot; the proposed hours for the sales office are such that they should not be intrusive to people living within the park; there will only be two sales people at any one time occupying the sales office; the sales office will be used only to show model homes already located in the park or for models that can be located within Creekside; no sales of manufactured homes not intended for Creekside will occur. 3.3 Ralph Russi, adjacent property owner, testified in opposition and stated that the fence that was to be placed around the park was not completed and that the portion that was installed is not sight obscuring. 3.4 Linda James responded that the Commission's approval of the park did included a requirement to install a fence around the park but it did not specify the type of fence other than it was to be sight obscuring. The fence that has been erected is considered by the Engineering Department and her depai tment to meet that criteria. She also stated that there was a problem with completing the fence across Indian Creek because of FEMA regulations but that Steve Wilcutts in Engineering was working with the developer and FEMA on the type of fence that could be approved for installation in a floodway. IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell 1977 Comprehensive Plan, as amended. 4.2 City of Caldwell Zoning Ordinance No. 1451, as amended. 4.3 Idaho Code, Chapter 65, Local Planning Act V FINDINGS OF FACT 5.1 Accept the general facts outlined in the staff report as Findings of Fact. VI CONCLUSIONS OF LAW 6.1 The Commission has the authority to hear this case and to approve or deny; public notice requirements were met, and the hearing was conducted within the guidelines of Idaho Code and City ordinances. VII ORDER OF DECISION 7.1 Based upon the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission hereby orders that Case No. SUP-19AA-97, a request by Gemstar Properties, LLC for a temporary sales office located in a manufactured home on Lot 76 in Creekside is approved with the following conditions: 7.2 The specific terms and conditions placed on the SUP-19-97, SUP-19A-97, and SUP-19AA-97 shall run with the land and remain valid upon a change of ownership, or until such time that the Permit(s)may be revoked,become invalid, amended, or replaced with another approved use. 7.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with all conditions placed upon the Special Use Permits. 7.4 No changes in the conditions and terms of the Special Use Permits, as approved, shall be undertaken by the Applicant, or future assigns having an interest in the subject property, until the Community Development Director has reviewed the proposed changes. If the Director determines that the proposed change(s) is significant, an amendment for change shall only be approved through the public hearing process. 7.5 Any violation of the terms and conditions of the Special Use Permits by the Applicant, or future assigns having an interest in the subject property, will be deemed a misdemeanor and subject to the provisions set forth in Idaho Code, 18-113. Each day's continued violation will be deemed a separate offense. 7.6 The sales office shall only be used for the purpose of selling model homes located within Creekside and shall not be used to conduct sales off site; no more than two sales persons shall conduct sales activities within the sales office at any one time; and the office hours shall be from 9:00 a.m. to 5:00 p.m.,Wednesday through Sunday. 7.7 If the manufactured home sales office located on Lot 76 is sold for a residential dwelling, the Applicant or future assigns having an interest in the subject property, shall be permitted to locate the sales office on another lot. A building permit for the manufactured home to be used as a sales office shall be applied for and approved prior to the manufactured home being placed on the lot. Condition No. 7.6 shall apply to any lot that the manufactured home sales office is located upon. CASE NO. SUP-19AA-97 WAS HEARD BY PLANNING AND ZONING COMMISSION MEMBERS AT A PUBLIC HEARING HELD DECEMBER 9, 1999. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE ORDER OF DECISION WAS ADMINISTRATIVELY APPROVED BY CHAIRMAN JIM BLACKER ON THE DATE NOTED BELOW. r Jt, 5 ATTEST: Chairman Jim Blacker Da e � t� Community Devel me t Director Public Hearing Closed —Chairman Blacker closed the public hearing and noted anyone wishing to appeal their decision should see the Director of Community Development. C. Case No. SUP-21A-97, a request by Windstone Estates, LLC, for a special use permit to use a manufactured home as a temporary sales office located on Lot 69, more commonly known as 4823 Keystone Street,Windstone Estates Manufactured Home Park. Testimony— Linda James presented the staff report with a revised final page,which outlined proposed conditions of approval. Mrs. James stated that the public hearing had only been noticed for the issue of the sales office and that all conditions of approval placed on the initial order of decision had been met. A. J. Bohner, Applicant's representative, testified in favor and stated the following: the Applicant had assumed that a sales office could be placed within the park because that was standard practice in other areas and did not require special consideration; the sales office will be located on lot 69; lot 69 is an internal lot near the entrance to the park and will not be an intrusion on persons living in homes within the park;the sales office will remain on lot 69 and will not be moved to another lot; there will be a maximum of three sales persons at any one time; each lot is leased to persons placing their respective homes within the park; there is a park manager that lives in a manufactured home in the park; having a sales office in the park provides the opportunity for persons considering moving into the park to see an actual home on a lot; the sales office will eventually be sold as a home on the lot; the types of sales is similar to model homes shown in a subdivision; the office hours need to be until 9:00 p.m. to accommodate potential park renters working hours and keeping the office open this late will assist in filling up the park quicker;the sales office will be discontinued when the park reaches 98%occupancy. Franklin Stafford signed up as neutral and presented a packet of information on the park to members. He stated that there were outstanding issues with irrigation and Laster Lane. After being informed by George Deford(City's legal counsel in attendance) that the only issue that could be discussed and considered this evening was in regard to the request for the sales office,Mr. Stafford stated that he was against the sales office. Linda James recommended that Mr. Stafford contact Pioneer Irrigation District and Canyon Highway District regarding his issues with irrigation and Laster Lane. Public Testimony Closed—Chairman Blacker closed public testimony. Findings of Fact — Motion: Commissioner Beebe. Second: Commissioner Teraberry. Accept the general facts outlined in the staff report as Findings of Fact and include the fact that lots within the park are leased and rented to persons who own their own homes. Passed: Unanimous roll call vote. Conclusions of Law— Motion: Commissioner Beebe. Second: Commissioner Teraberry. The Commission has the authority to hear this case and approve or deny; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision—Motion: Commissioner Beebe. Second: Commissioner Teraberry. Approve Case No. SUP- 21A-97 with the standard conditions outlined in the staff report and include the following: the sales office shall only be used for the purpose of selling model homes located within Windstone and shall not be used to conduct sales off site;no more than three sales persons shall conduct sales activities within the sales office at any one time; and the office hours shall be from 9:00 a.m. to 9:00 p.m., Monday through Saturday and from 10:00 a.m. to 5:00 p.m. Sunday. The use of the manufactured home as a sales office shall be discontinued on the park reaches 98% occupancy. Passed: Unanimous roll call vote. Public Hearing Closed —Chairman Blacker closed the public hearing and noted anyone wishing to appeal their decision should see the Director of Community Development. ********************************************************************************** D. Case No. SUP-19AA-97, a request by Gemstar Properties, LLC, for a special use permit to use a manufactured home as a temporary sales office located on Lot 76, more commonly known as 2608 \) Minutes of December 9, 1999 ` ,� Sparrow Avenue,Creekside Estates Manufactured Home Park. Testimony— Linda James presented the staff report and explained why there was a necessity to amend the special use permit approved by the Commission members on November 24, 1997. Danny Byington, Applicant's representative, testified in favor and stated the following: if the manufactured home that is being used as the sales office is sold for use as a home, they would like to be able to locate the sales office in another home on another lot;the proposed hours for the sales office are such that they should not be intrusive to people living within the park; there will only be two sales people at any one time occupying the sales office; the sales office will be used only to show model homes already located in the park or for models that can be located within Creekside;no sales of manufactured homes not intended for Creekside will occur. Ralph Russi, adjacent property owner,testified in opposition and stated that the fence that was to be placed around the park was not completed and that the portion that was installed is not sight obscuring. Linda James responded that the Commission's approval of the park did include a requirement to install a fence around the park but did not specify the type of fence other than it was to be sight obscuring. The fence that has been erected is considered by the Engineering Department and her department to meet that criteria. She also stated that there was a problem with completing the fence across Indian Creek because of FEMA regulations but that Steve Wilcutts in Engineering was working with the developer and FEMA on the type of fence that could be approved for installation in a floodway. Public Testimony Closed—Chairman Blacker closed public testimony. Findings of Fact — Motion: Commissioner Archuleta. Second: Commissioner Beebe. Accept the general facts outlined in the staff report as Findings of Fact. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Archuleta. Second: Commissioner Beebe. The Commission has the authority to hear this case and approve or deny; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision—Motion: Commissioner Archuleta. Second: Commissioner Beebe. Approve Case No. SUP- 19AA-97 with the standard conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed —Chairman Blacker closed the public hearing and noted anyone wishing to appeal their decision should see the Director of Community Development. E. Case No. SUP-69-99, a request by Freddie Lane for a special use permit to locate a church in a portion of an existing building. The building currently houses Radio Shack and Premier Video; the church would occupy the portion of the building known as 2423 Georgia Avenue. Testimony— Linda James presented the staff report and the following Exhibits: PA-1, a memorandum from Fire Chief Alcott in which he notes that he will review the plans for any tenant improvements during the change in use building permitting process; PA-1, a memorandum from City Engineer Law in which he notes that the Engineering Depaa.iuent will review the plans at the time of the change in use permit process and may request that additional fees are paid for the demand on the sewer/water systems; PR-1, a letter from Wilfred E. Watkins noting his concern with the location of a church at this site possibly affecting future plans for selling beer and wine at his establishment; PR-2, a letter from Dean Dishman in which he expresses his opposition to a church being located within a C-3 zone and the possibility that the church might affect his efforts to seek a change in use that might include a supper club with a liquor license. George Duford, Jr., acting in the place of Mark Hilty, Caldwell's legal counsel, presented Exhibit PZ-1, a memorandum from Mr. Hilty which addressed the issue of a church possibly having a negative effect on surrounding properties if future uses were to include the serving of alcohol. Idaho Code, Chapter 9, Title 23, Minutes of December 9, 1999 '. C.__ ;----` ___=F - ATTEST: Chairman Jim Blacker - ,s Community Devel el I Illk Director Minutes of December 9, 1999