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HomeMy WebLinkAboutHE Minutes 04-26-23Page 1 Hearing Examiner Minutes 04/26/2023 HEARING EXAMINER REGULAR MEETING MINUTES Wednesday, April 26, 2023 @ 1:30 pm Caldwell Police Department, Community Room, 110 S. 5th Avenue, Caldwell, Idaho CALL TO ORDER – Hearing Examiner, Ms. Sabrina Durtschi opened the meeting for the public hearing at 1:30 p.m. MEMBERS PRESENT: Angelica Gomez (Administrative Assistant); Steve Pendleton (Plans Examiner II); Alex Jones (Associate Planner); Robin Collins (Planning & Zoning Director). REVIEW OF PROCEEDINGS (OPENING STATEMENT) – Ms. Sabrina Durtschi outlined the procedures for the public hearing. CONSENT CALENDAR: 1. ACTION ITEM: Approve the February 15, 2023 Hearing Examiner Special Meeting Minutes. OLD BUSINESS: None NEW BUSINESS: ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER SUP22-000033 (LOGAN VILLAGE); A REQUEST BY MASON & ASSOCIATES ON BEHALF OF TERRA NOVUS, LLC, FOR A SPECIAL USE PERMIT FOR A SIX-FAMILY DWELLING AND MULTI-FAMILY DWELLINGS WITHIN AN R-3 (HIGH DENSITY RESIDENTIAL) ZONE, WHERE THE COMPREHENSIVE PLAN LAND USE DESIGNATION IS HDR (HIGH DENSITY RESIDENTIAL). THE PROPOSED 9.92 ACRE SITE FOR LOGAN VILLAGE MULTI-FAMILY DEVELOPMENT WILL CONSIST OF SIX (6) BUILDINGS (A MIX OF ONE (1) 6-PLEX BUILDING, TWO (2) 8-PLEX BUILDINGS, AND THREE (3) 12-PLEX BUILDINGS, FOR A TOTAL OF 58 DWELLING UNITS. UNIT CONFIGURATIONS WILL RANGE FROM ONE TO THREE BEDROOMS WITH THE MAJORITY BEING 2-BEDROOM, 2-BATH. THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1,695 FEET EAST OF THE INTERSECTION OF FARMWAY ROAD AND LOGAN STREET, ON THE NORTH SIDE OF LOGAN STREET; PARCEL NUMBER R0573200000, IN CALDWELL, IDAHO. Alex Jones (Associate Planner) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of a PowerPoint presentation. He stated they received a late exhibit of an updated landscaping plan of the pathway along the north edge. He noted they do not have concrete heights; therefore, there might need to be a condition for the units adjacent to the single-family residential. For the 2040 Comprehensive Plan there was a mix of zones around the parcel with Medium Density to the north, High Density to the east and Low Density surrounding the other portions. They received notification from COMPASS indicating they had no issues with the development. They also received a public notification from residents of the Logan Crest Subdivision, with a concern that the site plan was going to be different from the one presented at the neighborhood meeting. Mr. Jones assured them the site plan they saw at the neighborhood meeting was still the same. They also had concerns with increased density and traffic flow. Brian Rallens (Representative) 6401 W. Plantation Ln., spoke in favor of the request and provided a description of the request, and outlined its contents by use of a PowerPoint presentation. He noted that the project to the east was not part of their application; however, it was included in the PowerPoint Presentation since it was relevant due to collaboration with the developer, specifically pertaining to access. Page 2 Hearing Examiner Minutes 04/26/2023 He provided an overview of the project and indicated that the property was already Zoned R-3 in the City of Caldwell. An R-3 Zone allows for 25 units per acre and up to 35 through a PUD or SUP. Logan Village was 10.7 per acre with 58 acres. He also addressed the acreage discrepancy. At the neighborhood meeting, one of the primary concerns was access. Star Point and Logan Village have collaborated with a signed Shared Access Agreement to provide the main access directly on to Logan to avoid traffic through neighborhoods. He hosted the neighborhood meeting in December. He mentioned it was a positive meeting and that the developer mitigated most of the concerns. He mentioned that Marshal Rd., would have been a primary road for the site; however, the neighbors felt it did not have sufficient infrastructure to support the traffic. To mitigate that concern, Marshal Rd., would no longer be a primary entrance, it would only be auxiliary or emergency access. They are recommending bollards or a gate with signage on Marshall. Density was also a concern; nonetheless, once they discussed the unit counts, it helped to relieve fears of congestion in the neighborhood. Mr. Rallens mentioned that to the west was a significant slope that had preservation of native ground. That property was vacant due to significant engineering constraints, which helped with maintaining view corridors. Adjacent to the single-family project there were two-story buildings, the three-story building was set in the back at a lower elevation to help mitigate the impact on views. In addition, they added landscaping and fencing to ensure privacy and reduce headlight glare at night. He mentioned that the County Assessors showed 9.92 acres for the parcel; however, the Bureau of Recreation (BOR) took fee simple ownership of their portion of the 150’ setback on both sides of the drain. The BOR would maintain ownership, and would be responsible for maintenance of the portion along the drain. He reported that the project was congruent with the current zoning and the Comprehensive Plan and Goals. He added that the project was next to Valley Regional Transit bus stops, and to the hospital. He noted Logan Village fit well and fulfilled the City’s goals, promotes job creation and walkability. He described the design features and indicated there would be two electric vehicle-charging stations in the development. He mentioned they received the staff report and the applicant was in agreement with staff recommendations. Ms. Durtschi asked about the waiver for the building height and noticed some of the elevations did not provide details of the building locations and heights. Mr. Rallens referenced the site plan and indicated there were six and eight unit buildings that were located next to the single-family homes. He explained that towards the back there were 12-plex buildings. The 12 would indicate 3- story buildings; the six and eight unit buildings would indicate 2-stories. The 3-story building would be approximately 35’ in height, the 2-story building would be approximately 23’ to 24’. Discussion followed concerning site plan elevations, and building heights. In response to questions from the Hearing Examiner, Mr. Rallens responded as follows:  Provided in detail, a description of each building, how many units were going to be in each building, and the height for each building.  Indicated there was not a plan to develop the open space.  The Fire Department would inform the developer as to whether they would need to put bollards or a gate on Marshal Lane. He added that Marshal Lane was a public right-of-way up to the property line. William Mason (Representative) 924 3rd Street South., spoke in favor of the request and explained the discrepancies on the boundary. He said there was a conveyance for the United States Bureau of Reclamation; however, was not filed with the County, or was added to the GIS system. The site plan showed a deeded boundary to the Bureau of Reclamation. He mentioned there was an updated survey that showed a Bureau of Reclamation Quit Claim Deed aligned on it, with an instrument number. Page 3 Hearing Examiner Minutes 04/26/2023 Angie Culler 924 3rd St., signed in favor of the request but did not provide testimony. Mike Evlemann 4201 Meadow Dr., signed in favor of the request but did not provide testimony. Ben Kneadler 5571 N. Glenwood., signed in favor of the request but did not provide testimony. David Bowman 1022 Pike Peak St., signed as neutral of the request but did not provide testimony. Jenny Marson 502 W. Logan., signed in opposition of the request and stated her concern was if the development would closed the ditch, what would happen to the existing wildlife. Ms. Durtschi asked if her concern was if they pipe the ditch and put it underground, and if her preference would be for it to remain open. Ms. Marson concurred. Dennis Marson 502 W. Logan., spoke in opposition of the request and stated his concern was what would happen with the real narrow strip on the Plat Map. Steve Pendleton (Plans Examiner II) 621 Cleveland Blvd., responded that typically anything that was underneath the Bureau of Reclamation (BOR) was theirs to own and maintain; therefore the BOR would own and maintain the ditch. Connie Blele 1612 Crest Ave., spoke in opposition of the request and asked if the ditch was owned by the Bureau of Reclamation, who was responsible for the maintenance. Mr. Pendleton responded that the Bureau of Reclamation maintained it. He said it could also be under the jurisdiction of Pioneer Irrigation District if it was within their boundaries. Sabrina Bowman 1022 Pikes Peak St., signed in opposition of the request but did not provide testimony. In rebuttal, Mr. Rallens stated Pioneer Irrigation maintained the ditch on behalf of the Bureau of Reclamation. He emphasized there was nothing the development could do in that area. He also clarified the ditch was not an Easement and was deeded Bureau of Reclamation property. In response to questions from the Hearing Examiner, Mr. Rallens stated the City requested a walkway to preserve the natural feel, and to help mitigate some of the concerns. He added there would not be fencing on that portion of the walkway. Ms. Durtschi closed the public hearing testimony 2:09 pm. COMMENTS BY THE HEARING EXAMINER: FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR CASE NUMBER SUP22-000033: The Caldwell Hearing Examiner accepts the findings of fact and conclusions of law outlined in the staff report, public testimony, and the evidence list. All adopted ordinances, standards and codes were used in evaluating the application. The proposed use was conditionally permitted by the terms of the ordinance and such conditions of approval. ORDER OF DECISION FOR CASE NUMBER SUP22-000033: Based on the Findings Of Fact and Conclusions Of Law, the Caldwell Hearing Examiner hereby orders that Case Number SUP22-000033 (Logan Village); a request by Mason & Associates on behalf of Terra Novus, LLC, for a Special Use Permit for a six-family dwelling and multi-family dwellings within an R-3 (High Density Residential) Zone, where the Comprehensive Plan Land Use Designation Is HDR (High Density Residential) is approved with the following conditions of approval. Staff report lists conditions 1 to 13, Ms. Durtschi added the following amendments:  Condition 14 – Buildings adjacent to single-family homes would not exceed 25’ in height and other buildings would meet R-3 Code. Page 4 Hearing Examiner Minutes 04/26/2023  Condition 15 - Applicant would discuss with the Caldwell Fire Department on preferred fire access on Marshal Avenue.  Condition 16 - Applicant to clear up the easement with the irrigation company and the County. Ms. Durtschi closed the public hearing. ACTION ITEM: CONTINUED PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: PUD22-000009 AND SUB22-000037 SILVER MEADOWS; A REQUEST BY CARL ANDERSON OF SNAKE RIVER WCE REAL ESTATE LLC, ON BEHALF OF RENTAL PROPERTY HOLDINGS, LLC FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT FOR THE SILVER MEADOWS MIXED- USE RESIDENTIAL SUBDIVISION OFFERING A TOTAL OF 263 LOTS (251 RESIDENTIAL LOTS AND 12 COMMON LOTS). THE PROJECT WILL BE BUILT IN ONE-PHASE THAT WILL CONSIST OF FRONT-LOADED SINGLE-FAMILY LOTS, FRONT-LOADED TOWNHOUSE LOTS, AND FOUR (4) MULTI-FAMILY APARTMENT BUILDINGS. THE TWO (2) SUBJECT PARCELS (R358250000 AND R358290000) ARE LOCATED APPROXIMATELY 613 FEET WEST OF THE INTERSECTION OF LAKE AVENUE AND E. USTICK ROAD, ON THE NORTH SIDE OF E. USTICK ROAD IN CALDWELL, IDAHO. (STAFF PLANNER: KATIE WRIGHT) Ms. Durschi stated one of her concerns was that she needed updated landscape plans showing interior landscaping, pathway dimensions, and pathway buffers to look at the full project. She continued this Action Item to the next regularly scheduled meeting to be held on May 10, 2023. ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: SUP23-000002: AMERCO REAL ESTATE COMPANY (AREC), ON BEHALF OF BEAR RIVER REAL ESTATE, LLC, IS REQUESTING A SPECIAL USE PERMIT TO OPERATE AN INDOOR SELF-STORAGE FACILITY FOR U-HAUL WITH A U-HAUL TRUCK AND TRAILER SHARING RENTAL LOT, AND RELATED RETAIL SALES IN A C-4 (FREEWAY COMMERCIAL) ZONING DISTRICT. THE DEVELOPMENT PLAN PROPOSES TWO (2) BUILDINGS ON THE SITE CONSISTING OF ONE (1) 3-STORY BUILDING WITH A LOWER LEVEL AND ONE (1) 1-STORY BUILDING. THE SUBJECT SITE CONSISTS OF TWO (2) PARCELS; PARCEL R3513801000 (APPROX. 5.01 ACRES) AND PARCEL R3513801100 (APPROX. 0.77 ACRES), LOCATED APPROXIMATELY 295 FEET WEST OF THE INTERSECTION OF FRANKLIN ROAD AND SPECHT AVENUE, AND BORDERED ON THE NORTH BY INTERSTATE 84 AND THE SOUTH BY FRANKLIN ROAD, IN CALDWELL, IDAHO. Alex Jones (Associate Planner) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of a PowerPoint presentation. He indicated that the applicant would go into more detail on how many units the development would have. He noted this use was consistent with the Comprehensive Plan. They received no outside agency comments and no public comments. Staff recommend that if approved they are subject to the conditions. In response to questions from the Hearing Examiner, Mr. Jones indicated they would remove Condition Number 6 from the report; they would not need to utilize cluster mailboxes. In response to questions from the Hearing Examiner, Mr. Pendleton responded that based on TIS recommendation, the access to the site would be a restricted access to a right-in/right-out only, based on the location and the current traffic conditions. There are notes in the staff report pertaining to a Center Medium that was under design and review for the City of Caldwell that would be part of a condition for the site. The applicant would provide a portion of the cost to provide the Center Medium. It could be a temporary full access only; however, it would be restricted to a right- in/right-out. Jeff Huber (Representative) 8385 W. Emerald St., signed in favor of the request and stated he was in agreement with the conditions of approval. Larry Leisure P.O. Box 1217., signed in favor of the request but did not provide testimony. Gregory Spurloch (Representative) 11975 Pheasant Run., signed in favor of the request and stated the proposed project would be 3-story with one lower level of indoor climate controlled storage. He mentioned there was a building closer to Franklin where they ship and store portable moving containers, which was a more economical and environmentally way for people to move. Page 5 Hearing Examiner Minutes 04/26/2023 Ms. Durtschi closed the public hearing testimony at 2:19pm. COMMENTS BY THE HEARING EXAMINER: FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR CASE NUMBER SUP23-000002: The Caldwell Hearing Examiner accepts the findings of fact and conclusions of law outlined in the staff report, public testimony, and the evidence list. All adopted ordinances, standards and codes were used in evaluating the application. The proposed use was conditionally permitted by the terms of the ordinance and such conditions of approval. ORDER OF DECISION FOR CASE NUMBER SUP23-000002: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Number SUP23-000002 a request by Amerco Real Estate Company (AREC), on behalf of Bear River Real Estate, LLC, is requesting a Special Use Permit to operate an indoor self-storage facility for U-Haul with A U-Haul truck and trailer sharing rental lot, and related retail sales is approved with no conditions of approval. Staff report lists conditions 1-13, Ms. Durtschi made the following amendments:  Condition number 6 was removed from the Conditions of Approval. Ms. Durtschi closed the public hearing. ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: SUP22-000030 WESTVIEW LOFTS PHASE II: A REQUEST BY GREG URRUTIA OF NEW BEGINNINGS HOUSING, ON BEHALF OF SRB SEVEN LLC @@, FOR APPROVAL OF A SPECIAL USE PERMIT FOR THE 2ND PHASE OF THE WESTVIEW LOFTS FAMILY COMMUNITY. THIS SECOND PHASE WILL INCLUDE TWO (2) THREE-STORY WALK-UP BUILDINGS COMPRISED OF 30 TOTAL HOUSING UNITS (26 UNITS OF AFFORDABLE WORKFORCE RENTAL HOUSING AND FOUR (4) UNITS OF MARKET RATE HOUSING), WITH TWELVE (12) 3-BEDROOOM UNITS, TWELVE (12) TWO-BEDROOM UNITS, AND SIX (6) 1-BEDROOM UNITS. THE SITE IS LOCATED AT 4713 ENTERPRISE WAY (PARCEL R1489512700) IN CALDWELL, IDAHO. THIS APPLICATION IS PHASE II OF A PROJECT STARTED BACK IN 2019, DURING WHICH TIME RESIDENTIAL WAS A SPECIALLY PERMITTED USE IN A C- 3 ZONE. Alex Jones (Associate Planner) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of a PowerPoint presentation and noted there was a deviation from the required 45 parking spaces, that being 1.5 per unit to 41 spaces. The Code required a sidewalk along the landscape buffer; however, with ITD’s improvements in the widening of Highway 20/26 they indicated they would put a sidewalk. There would be a condition that if ITD did not put in a sidewalk, the applicant would need to put it in. He reported that since residential was not allowed in the C-3 Zone, the application did not meet the current Comprehensive Plan. By the time the applicant received funding for the affordable housing, the code changed. At the direction of City staff, the applicant applied for a Special Use Permit to be able to continue with the second phase of Westview Lofts. They received a comment from Vallivue that the adjacent elementary school was overcrowded and they had no way of expanding. He noted this request aligns with some of the Goals and Policies of the Comprehensive Plan, but also finds that with this residential and commercial use do not align with certain ones as well. If approved, his recommendation was that it would be subject to conditions of approval. In response to questions from the Hearing Examiner, Mr. Pendleton responded Highway 20/26 was under construction but was unable to give a timeline from ITD to complete the improvements to the site. He suggested that near completion of the project, if ITD did not complete the sidewalk, then they would need to obtain verification from ITD stating the sidewalk would be finished, prior to issuing the Certificate of Occupancy. Greg Urrutia (Applicant) 623 S. Kimball Ave., spoke in favor of the request and provided a description of the project. He talked about the current income and restriction limits on housing. He added that Westview Lofts I were leased within 30 days of opening. All the buildings remain leased, and they have a qualified waiting list, which includes 20- year-old applicants. Page 6 Hearing Examiner Minutes 04/26/2023 He mentioned that amenities for the development were built in Phase I. Their goal was to add residential buildings and sufficient parking. Mr. Urrutia’s final comment was Vallivue School District’s concern. He noted what they found in Phase I was that a lot of those were in district transfers and were not necessarily adding to Vallivue’s pupil numbers. He said that letter came from Skyway Elementary, although, Thomas Jefferson Charter School was across the street from the subject property. In response to questions from the Hearing Examiner, Mr. Urrutia responded this project was not part of the original application due to limitation on funding. He also indicated there was an existing Cross-Access Easement of that strip to all four of those parcels. Mr. Pendleton explained the current flag portion of the lot was not improved, and the City had concerns it would track out onto the roadway. They asked the applicant to page the dry isles to restrict any traffic. Ms. Durtschi closed the public hearing testimony at 2:40 pm. COMMENTS BY THE HEARING EXAMINER: FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR CASE NUMBER SUP22-000030: The Caldwell Hearing Examiner accepts the findings of fact and conclusions of law outlined in the staff report, public testimony, and the evidence list. All adopted ordinances, standards and codes were used in evaluating the application. The proposed use was conditionally permitted by the terms of the ordinance and such conditions of approval. ORDER OF DECISION FOR CASE NUMBER SUP22-000030: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Number SUP22-000030 (Westview Lofts Phase II) a request by Greg Urrutia of New Beginnings Housing, on behalf of SRB Seven LLC @@, for approval of a special use permit for the 2nd phase of the Westview Lofts Family Community is approved with the following conditions of approval. Staff report lists conditions 1 to 18, Ms. Durtschi added the following amendments:  Add condition 19 - Frontage improvements along Highway 20/26 would need to be complete before issuance of a Certificate of Occupancy. Ms. Durtschi closed the public hearing. ADJOURNMENT Planning Issues: None The next regularly scheduled Hearing Examiner meeting is scheduled for Wednesday, May 10, 2023 at 1:30 p.m. The Hearing Examiner adjourned the meeting at approximately 2:40 p.m. Respectfully submitted by Ellen Miller, Meeting and Records Clerk MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, SABRINA DURTSCHI, ON THE DATE NOTED BELOW: _____________________________________ ________________________ Ms. Sabrina Durtschi Date ATTEST: 6-23-23 Page 7 Hearing Examiner Minutes 04/26/2023 ______________________________________ _________________________ Robin Collins, Planning and Zoning Deputy Director Date A digital recording of the public hearing is available upon request.