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HomeMy WebLinkAboutHE Minutes 05-10-23Page 1 | 9 Hearing Examiner Minute 05/10/2023 HEARING EXAMINER REGULAR MEETING MINUTES Wednesday, May 10, 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); Robb MacDonald (City Engineer); Alex Jones (Associate Planner); Katie Wright (Associate Planner). REVIEW OF PROCEEDINGS (OPENING STATEMENT) – Ms. Sabrina Durtschi outlined the procedures for the public hearing. CONSENT CALENDAR: None OLD BUSINESS: ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CONTINUED FROM THE APRIL, 26 2023, HEARING EXAMINER HEARING, CASE NUMBER: PUD22-000009 AND SUB22-000037 SILVER MEADOWS (CONTINUED FROM 4-26-23); 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. Katie Wright (Associate Planner) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of a PowerPoint presentation. Ms. Wright indicated that a traffic impact study was performed and was reviewed by the Engineering Department. The code requires ten percent (10%) open space, and they provided 10.3% equaling approximately 2.88 acres of qualifying open space. She noted the application did not comply with the pathway ordinance, and requested a waiver. Ms. Wright indicated agencies were notified and were asked to provide comments. The only agency that responded was the Bureau of Reclamation concerning a formal Encroachment Agreement that would be in place for the location of the pathway along the Wilson Drain. There were no public comments. Ms. Wright delineated the waivers requested by the applicant, and outlined the added conditions. Staff recommend that if the Hearing Examiner were to recommend approval, it would be subject to the conditions as specified in the staff report. Connor Gray (Applicant) 1911 Blaine St., spoke in favor of the request and provided a description of the application by use of a PowerPoint presentation. He described the amenities in the community, which would include a multi-purpose clubhouse that would serve the residents of the community and the public. In response to questions from the Hearing Examiner, Mr. Gray outlined and explained each waiver individually. Page 2 | 9 Hearing Examiner Minute 05/10/2023 Ms. Durtschi asked how the multi-purpose clubhouse would be managed since it would be open to the public. Mr. Gray responded there would be a leasing office that would manage the events and permits for the public to be able to use the facility. In response to questions from the Hearing Examiner, Ms. Wright responded there would need to be 180 parking spaces to meet the minimum requirement of 1.5 per unit. She added that the applicant would provide 188 parking spaces. In addition, she noted that the pathway would need to be 8’ to 10’; however, each side was required to have 5’ of landscaping with specific materials. The applicant’s request was to waive the 5’ requirement on one side, and reduce to 2’ on the other side. Ms. Durtschi asked the applicant to provide a more detailed site plan to the City Council, which displayed the usable open space. Mr. Gray concurred. Jesse Christensen (Engineer) 2151 W. Willow Pointe., spoke in favor of the request and stated that the Bureau of Reclamation generally allowed the shared usage in the pathway. He noted that Pioneer Irrigation District would do some maintenance to the ditch since there was erosion. He indicated that the 8’ pathway, with a 2’ landscape strip would be enough space where they could both use the easement adequately. He also added they would be improving the area with the landscape strip. Ms. Durtschi asked about fencing, and asked Mr. Christensen to provide a description of the open space. Mr. Christensen responded he did not know what the owners were going to do about fencing, and provided a detailed description of the open space. Conrad Wood 705 Keiser Lane., did not sign in and asked if they were going to be buildable lots, or if it would be a planned community, and rent the units out. He also asked if the multi-family was necessary or if they could build condominiums. He expressed concern about rentals. Dan Romburg 5025 Bear Ln., did not sign in but expressed he did not like how Idaho was changing. He understood community development and tax surplus for the community; however, did not like the stress the developments were putting on the resources. He mentioned that the school district was overcrowded, and were busing children out of the area. He also noted the teacher to student ratio was overwhelmed, and expressed concerns with traffic and safety. Ms. Durtschi asked staff to explain the requirements of the Idaho State Code to send notices to the neighbors. Ms. Wright responded it was a 300’ radius from the property. In rebuttal, Mr. Gray provided the following comments: • 300’ notice radius – He indicated he understood the frustration; however, that was what the code and what they were required to do. In addition, they published a legal notice about the hearing in the newspaper. • Comment on the apartments turned into condominiums – the apartments in this project would provide residents of Caldwell affordable housing in a High-Density area, which would be close to restaurants and services around the development. • Traffic Studies – They go off the local traffic impact studies. In response to questions from the Hearing Examiner, Mr. MacDonald stated that the developers were required to contribute to a road trust fund to provide additional traffic needs. He mentioned that once the City’s Master Plan was completed, it would show how the roads would look in order to accommodate the traffic. He added that since the City did not have the funding to build and widen the roads, or put curb, gutter and sidewalks, they required developers to construct as they develop. Ms. Durtschi closed the public hearing testimony 2:18 pm. Page 3 | 9 Hearing Examiner Minute 05/10/2023 COMMENTS BY THE HEARING EXAMINER: FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR CASE NUMBER PUD22-000009 AND SUB22-000037: 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 PUD22-000009 AND SUB22-000037: Based on the Finding s of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Number: PUD22-000009 and SUB22-000037 Silver Meadows (continued from 4-26-23); 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. The Caldwell Hearing Examiner recommends for approval to City Council, subject to conditions of approval outlined in the staff report. Ms. Durtschi closed the public hearing. ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: SUB23-000004 (THE VILLAGE CONDOS): THE APPLICANT, A TEAM LAND CONSULTANTS, ON BEHALF OF DOEPPEL PREMIERE PROPERTIES IDAHO, LLC, IS REQUESTING APPROVAL OF A CONDOMINIUM PRELIMINARY PLAT FOR THE VILLAGES CONDOS, CONSISTING OF TWENTY-THREE (23) 4-PLEX BUILDINGS AND EIGHT (8) 8-PLEX BUILDINGS ON A 11.43 ACRE PARCEL OF LAND, CURRENTLY ZONED AS R-3 (HIGH DENSITY RESIDENTIAL) AND WITH A CURRENT COMPREHENSIVE PLAN LAND USE DESIGNATION OF HD (HIGH DENSITY RESIDENTIAL). THE APPLICANT IS NOT REQUESTING ANY CHANGES TO THE PREVIOUSLY APPROVED (APPROVED IN JUNE OF 2016) REZONE AND COMPREHENSIVE PLAN AMENDMENT FOR 156 MULTI-FAMILY UNITS, NO CHANGES TO THE APPROVED CONSTRUCTION PLANS OR BUILDING DESIGN, AND THE BUILDER IS CURRENTLY COMPLETING THE REMAINING SITE IMPROVEMENTS. THE SUBJECT PROPERTY IS LOCATED ON THE SEC OF LASTER STREET AND S. FLORIDA AVENUE, WITHIN THE COUNTY OF CANYON, CALDWELL, IDAHO. Alex Jones (Associate Planner) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of a PowerPoint presentation. Mr. Jones stated the development was approved in 2016 and had a Development Agreement, which was signed May 16, 2016. The developer would like to condo the 31 buildings, and specified that the application was only for the plat and there would be no changes to the approved development. Mr. Jones stated that the Mapping department provided comments stating the street names on the plans would need to be changed to the approved street names. He indicated the applicant was working on it, and would have it ready before the City Council hearing. Steve Arnold (Representative) 1785 Whisper Cove., spoke in favor of the request and stated there was not a condition to comply with the original Zoning Ordinance Amendment of 2016; however, they would comply with it. He indicated the development would be built in three different phases. Ms. Durtschi made a recommendation to Mr. Arnold, to provide the phasing plan to staff before the City Council hearing. She also mentioned they would need to return for the final plat. Page 4 | 9 Hearing Examiner Minute 05/10/2023 Rod Deidie 5401 S. Florida Ave., spoke as neutral for the request and stated he had two concerns, privacy and security. He mentioned that a security fence or a landscape privacy barrier that would grow at least 20’ high should be placed around his property. John Doeppel 4901 S. Florida Ave., signed as neutral for the request but did not provide testimony. In rebuttal, Mr. Arnold stated the proposal was for condominiums and were not doing anything different from what was previously approved. In response to questions from the Hearing Examiner, Mr. Arnold responded the fencing provided along the southern boundary was a 4’ high fence and it would fence off the mechanical units. They also have landscaping along the southern boundary and could add more cluster trees; however, the open space was limited. Ms. Durtschi closed the public hearing testimony 2:35 pm. COMMENTS BY THE HEARING EXAMINER: FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Number SUB23-000004: 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 SUB23-000004: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that SUB23-000004 (The Village Condos): the applicant, A Team Land Consultants, on behalf of Doeppel Premiere Properties Idaho, LLC, is requesting approval of a condominium preliminary plat for The Villages Condos, consisting of twenty-three (23) 4-plex buildings and eight (8) 8-plex buildings on a 11.43 acre parcel of land, currently zoned as R-3 (High Density Residential) and with a current comprehensive plan land use designation of HD (High Density Residential). The applicant was not requesting any changes to the previously approved (approved in June of 2016) Rezone And Comprehensive Plan Amendment for 156 multi-family units, no changes to the approved construction plans or building design, and the builder was currently completing the remaining site improvements. The subject property was located on the sec of Laster Street and S. Florida Avenue, within the county of Canyon, Caldwell, Idaho. The Caldwell Hearing Examiner recommends for approval to City Council, subject to conditions of approval outlined in the staff report, including the condition, that the applicant would follow the conditions of the Development Agreement. ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: ZON23-000003: A REQUEST BY EV STUDIO, ON BEHALF OF MICHAEL ROBBINS, TO REZONE PARCEL R3575701100 (APPROX. 2.76 ACRES), FROM AN R-1 (LOW-DENSITY RESIDENTIAL) ZONE TO AN R-3 (HIGH-DENSITY RESIDENTIAL) ZONE, WHERE THE COMPREHENSIVE PLAN LAND USE DESIGNATION IS HDR (HIGH-DENSITY RESIDENTIAL), TO ALLOW FOR THE EXPANSION OF THE GABLES SENIOR LIVING MEMORY CARE FACILITIES. DUE TO CHANGES IN THE CALDWELL CITY CODE LAND USE SCHEDULE SINCE THE FACILITY WAS APPROVED BY SPECIAL USE PERMIT IN THE 1990’S, A RESIDENTIAL ASSISTED LIVING FACILITY IN NOT AN ALLOWED USE IN AN R-1 ZONE. THE PROPOSED EXPANSION WILL INCLUDE THE ADDITION OF TWELVE (12) MEMORY CARE UNITS, AN ACTIVITY ROOM, MEDIA ROOM, LAUNDRY, OFFICE SPACE, AND AN INTERIOR COURTYARD FOR THE RESIDENTS TO ENJOY. THE REQUEST INCLUDES APPROVAL OF A DEVELOPMENT AGREEMENT ASSOCIATED WITH ZON23-000003, AND A VARIANCE REQUEST FROM CHAPTER 10, ARTICLE 2, TABLE 2 “HEIGHT, SETBACK AND AREA SCHEDULE” TO ALLOW FOR A REDUCED SETBACK FROM 15’ TO 10’ AT THE REAR END OF THE LOT, WHICH EXCEEDS THE ALLOWABLE VARIANCE THAT MAY BE GRANTED ADMINISTRATIVELY. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF E. USTICK ROAD AND IDAHO AVENUE, ALSO KNOWN AS 917 E USTICK ROAD, CALDWELL, IDAHO. Page 5 | 9 Hearing Examiner Minute 05/10/2023 Alex Jones (Associate Planner) 621 Cleveland Blvd., provided a brief history of the proposal by outlining its contents by use of a PowerPoint presentation. He stated the applicant requested to rezone the property R-3 to match the Comprehensive Plan, which was currently High Density Residential. Presently, the facility was a legal non-conforming use, as assisted living was not an allowed use in the R-1 Zone; however, it was a permitted use in the R-3 Zone. Mr. Jones reported that in order for the applicant to do an expansion of the memory care portion of their facility, they would need to apply for a rezone, since it was not a permitted use. The request was also for a reduction of the rear setback from 15’ to 10’. He added that they would do enhanced landscaping in the rear of the parcel along the single-family homes. Julie Miller (Representative) 725 E. Second Street., spoke in favor of the request and provided a description of the request. She indicated they were looking to expand the existing facility in order to help and serve as many individuals as possible. In addition to the rezone, they requested a Development Agreement to lessen the rear setback from 15’ to 10’. This request would provide the required space for the living units, as well as an additional interior courtyard to provide a secure outdoor space for the residents. In response to questions from the Hearing Examiner, Ms. Miller responded all the active community space was located on the southern side of the expansion; therefore, the louder activities would be buffered internally. Ms. Miller indicated there were two neighborhood meetings held, and there were no neighbor concerns. She noted that the community seemed to be in support of the project. Greg Easton 8401 Copper Creek, signed in favor of the request but did not provide testimony. Ms. Durtschi closed the public hearing testimony at 2:44pm. COMMENTS BY THE HEARING EXAMINER: FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR CASE NUMBER ZON23-000003: 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 ZON23-000003: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Number ZON23-000003 A request by EV Studio, on behalf of Michael Robbins, to rezone parcel R3575701100 (approx. 2.76 acres), from an R-1 (Low-Density Residential) Zone to an R-3 (High-Density Residential) Zone, where the comprehensive plan land use designation is HDR (High-Density Residential), to allow for the expansion of The Gables Senior Living memory care facilities. Due to changes in the Caldwell City Code Land Use Schedule since the facility was approved by Special Use Permit in the 1990’s, a residential assisted living facility in not an allowed use in an R-1 zone. The proposed expansion will include the addition of twelve (12) memory care units, an activity room, media room, laundry, office space, and an interior courtyard for the residents to enjoy. The request includes approval of a development agreement associated with ZON23-000003, and a variance request from Chapter 10, Article 2, Table 2 “Height, Setback and Area Schedule” to allow for a reduced setback from 15’ to 10’ at the rear end of the lot, which exceeds the allowable variance that may be granted administratively. The subject property was located on the northwest corner of E. Ustick Road and Idaho Avenue, also known as 917 E Ustick Road, Caldwell, Idaho. The Caldwell Hearing Examiner recommends for approval to City Council, subject to conditions of approval outlined in the staff report. Page 6 | 9 Hearing Examiner Minute 05/10/2023 ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: SUB23-000009: THE APPLICANT, J-U-B ENGINEERS, ON BEHALF OF ENDURANCE HOLDINGS LLC, IS REQUESTING APPROVAL OF A PRELIMINARY PLAT FOR THE PRAIRIE CREEK SUBDIVISION, WITHIN AN R-1 (LOW DENSITY RESIDENTIAL) ZONE AND WITHIN A LDR (LOW DENSITY RESIDENTIAL) COMPREHENSIVE PLAN DESIGNATED AREA. PRAIRIE CREEK SUBDIVISION INCLUDES APPROXIMATELY 40.74 ACRES WITH 119 SINGLE-FAMILY RESIDENTIAL LOTS, 18 COMMON AREAS LOTS, 2 SHARED DRIVEWAY LOTS AND 1 IRRIGATION LOT, FOR A TOTAL OF 140 LOTS. THE PROJECT IS PROPOSED TO BE DEVELOPED IN TWO (2) PHASES. THE SUBJECT PROPERTIES ARE LOCATED SOUTH OF USTICK AND EAST OF BEAR LANE, ON THE NEC OF BEAR LANE AND LASTER STREET, PARCEL NUMBERS R3258500000 AND R3258501000, IN CALDWELL, IDAHO. Alex Jones (Associate Planner) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of a PowerPoint presentation. Mr. Jones reported that as an enhancement to the development, the applicant would be putting in an 1850’ long, 8’ wide connectivity pathway along the Phyllis Canal. Robb MacDonald (City Engineer) 621 Cleveland Blvd., stated that utilities were available to the site, and that the City was actively working on a project to help facilitate the connection. The developer would be obligated to construct or carry the water main line, and the sewer trunk line to their site to have water service. In addition, they would also be responsible to build a pump station and construct a pressure irrigation system. In response to questions from the Hearing Examiner concerning public concerns that Idaho Power would not be able to provide service for the development. Mr. MacDonald responded that the development was required to coordinate, and work with Idaho Power to make sure they would be able to serve the site. He mentioned that Idaho Power had been constructing many infrastructure projects City wide to accommodate the growth, and remarked he had no concerns with Idaho Power not being able to serve the site. Addison Coffelt (Representative) 2760 W. Excursion., spoke in favor of the request and provided a description of the request by use of a PowerPoint presentation. She noted that completion of the project would be in two phases, Phase 1 in 2024 and Phase 2 in 2025-2026. She talked about landscaping, amenities and the connecting pathways located throughout the development. She reported that they conducted two neighborhood meetings, and after hearing their issues and concerns, they made the following revisions: • They added a continuous pathway that went through the center of the subdivision to create more connectivity to the park, and could be used by adjacent properties. • Two residential lots were revised to provide additional common space with amenities. • They provided verification of property lines to an adjacent property owner. In conclusion, she indicated they would work with the City to ensure they comply with City codes and recommendations, and stated they accept all the conditions of approval listed in the staff report. Discussion followed concerning, construction timing, capacity at the schools, utilities and neighbor’s concerns. Marika Panagiotoo 2760 W. Excursion., signed in favor of the request but did not provide testimony. Conrad Wood 705 Kiser Ln., signed in favor of the request and stated he had concerns about not getting notified when new subdivisions were being proposed. He was concerned with having that many units in such a small area. His suggestion was to have larger lots and larger homes that would maintain the same value as the current homes. He also implied that property encroachment was out of control. Page 7 | 9 Hearing Examiner Minute 05/10/2023 Gary Hartwig 103 Gold Strike Ct., signed as neutral for the request and expressed concerns with noise and traffic. He stated he did not want High Density housing in his neighborhood. He was not opposed to the development; he just did not want High Density housing. He mentioned he would like a fence on his side of the road. In response to questions from the Hearing Examiner, Mr. MacDonald responded the standard requirement was that the development improve their side of the street, and make sure they had two lanes of traffic. Another condition requirement, in conjunction with other funding, was that they construct a bridge over the Phyllis Canal to connect over to 10th Avenue. At the request of the Hearing Examiner, Mr. MacDonald explained the process of how a new development occurs, the collection of impact fees and the distribution of the fees for infrastructure improvements. Jeff Allen 4614 Gap Creek Ave., signed as neutral for the request and expressed concerns since his backyard backs up to the development. He was concerned with privacy, traffic, especially during rush hour. He would like to see only single level homes behind his home, and in order to blend with his neighborhood, the lots would need to be at least .20-acre size. Peter and Jean Anderson 321 Appalachians., signed as neutral for the request but did not provide testimony. Bruce Jett 103 Gold Bar Ct., signed as neutral for the request but did not provide testimony. Reed Willits 101 Gold Bar Ct., signed as neutral for the request but did not provide testimony. Greg & Becky Sandercock 405 Sunderland St., signed in opposition for the request but did not provide testimony. Nikki Jesser 523 Kiser Ln., signed in opposition for the request but did not provide testimony. Jason Jesser 523 Kiser Ln., signed in opposition for the request and stated his concerns were traffic, noise and light pollution. He stressed the fact that he would lose his view of the mountains. He suggested a minimum of one-acre lots. He also mentioned concerns with schools and markets. In response to questions from the Hearing Examiner, Mr. MacDonald reported that the minimum standard for streetlights was to have one at every 350’ for safety. He added that with the new LED technology the lights were well controlled, and face downward to the road. Doug Olsen 104 Gold Bar Ct., signed in opposition to the request but did not provide testimony. Donna and Ron Zenor 620 Sauvageau., signed in opposition of the request but did not provide testimony. Daniel Rhomberg 5025 Bear Ln., signed in opposition of the request and stated his concerns were the lot sizes, two-story buildings, noise and fencing. He mentioned that only a few people received notifications. He reported that he was at the meeting, and the request from the majority of the people that attended the meeting was that they did not want two-story buildings, and to have 1.5 to 2 acre parcels to conform to the neighborhood. In response to questions from the Hearing Examiner, Mr. Jones responded that in 2006 the development was annexed, and records indicated it was annexed as an R-1 Low Density. Kathy Robertson 5023 Bear Ln., signed in opposition of the request and stated her concerns were with density and lot size. She suggested the lots should be half an acre at least on the outer edges. She observed that the play area was small for such a big development. She noted their community was a Farming community; therefore, was not a good area for children. She asked where the runoff water would go, once the road was built. Mr. MacDonald stated that state code required that any development be required to perpetuate tail water runoff for irrigation or any other storm drain purposes. If water was running through the development, or where the road used Page 8 | 9 Hearing Examiner Minute 05/10/2023 to be, the developer was obligated to collect it, pipe it, and continue the conveyance to their site to where it was originally discharging. John Tilford 5220 Bear Ln., signed in opposition of the request and reported his concerns were with traffic, cars speeding and adding more cars to the area. He verbalized to stop taking all the farmland, and that he did not want City privileges. He said he chose to live in the County, as he did not want to be told what to do, and did not want to annex to any City services. Mr. MacDonald explained that if they had to extend a water line through a County road, there would not be an obligation for property owners to connect to it, or annex into the City. The only time they would require a property owner to connect to the water, would be if they were doing a complete re-build in their property and pull building permits. Steven Wright 810 Sauvageau Ln., signed in opposition to the request but did not provide testimony. Judy Williams 102 Gold Bar Ct., signed in opposition to the request and indicated her concerns were with traffic, noise, privacy and safety. She mentioned they did not want that dense population in their back yards. She also stated that the playground was a small play area for such a big development. David Mcdowel 607 Kiser Ln., signed in opposition of the request and stated he spoke with the Vallivue School Principal who indicated they were overcrowded, with no capacity for additional children, and that children were being bussed to other schools that were miles away. He was concerned with traffic, property values and grocery stores having long lines and not having enough groceries. He indicated he would lose the view of the mountains. He added that the applicant could build single level homes on bigger lots. He also pointed out that the applicant did not address any of the concerns mentioned at the neighborhood meeting. Niki Jesser 523 Kiser Ln., signed in opposition of the request and stated she opposed to the request for the trash, infrastructure, schools, hospitals, pharmacies. She said the development should put a pool that they can all use instead of a park. She asked not to approve the application for the development. In rebuttal, Ms. Coffelt addressed the concerns as follows: • Notification – 300’ was the state code requirement and they complied with it. • Lot sizes – The parcels were annexed with the R-1 Zoning. • TIS – They created a connection to 10th, which was a significant roadway improvement. In addition, they built a bridge over the canal and that was also a significant expense; however, the bridge would help disperse traffic. • Elevations – The existing elevations for specific lots have not been determined; therefore, they have not identified specific structures. • School District – The property lies within the Caldwell School District not the Vallivue School District. In response to questions from the Hearing Examiner, Ms. Coffelt responded that the developer would put a 6’ vinyl fence around the perimeter of the property. Additionally, there would be a 15’ buffer around Bear Lane, and Laster/Lonkey. They would put a significant buffer around the 8’ pathway that was adjacent to the Phyllis Canal. She added that the developer would be amenable to increase the height of the landscape buffer, and mentioned that if views were of concern to some property owners, the developer would work with elevations and designate certain lots as single level. Discussion followed concerning construction of the park in phase 1, and additional landscaping. Ms. Coffelt indicated she would take those questions to the developer. In response to questions from the Hearing Examiner, Ms. Coffelt stated that they would secure a License Agreement with the irrigation district to be able to construct the pathway alongside the canal. She added there was sufficient width to accommodate the pathway. Page 9 | 9 Hearing Examiner Minute 05/10/2023 Ms. Durtschi closed the public hearing testimony 4:09 pm. COMMENTS BY THE HEARING EXAMINER: FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR CASE NUMBER SUB23-000009: 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 SUB23-000009: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing examiner hereby orders that Case Number SUP22-000033 the applicant, J-U-B Engineers, on behalf of Endurance Holdings Llc, was requesting approval of a preliminary plat for the Prairie Creek Subdivision, within an R-1 (Low Density Residential) Zone and within a LDR (Low Density Residential) Comprehensive Plan designated area. Prairie Creek Subdivision includes approximately 40.74 acres with 119 single-family residential lots, 18 common areas lots, 2 shared driveway lots and 1 irrigation lot, for a total of 140 lots. The project was proposed to be developed in two (2) phases. The subject properties are located south of Ustick and east of Bear Lane, on the NEC of Bear Lane and Laster Street, parcel numbers R3258500000 and R3258501000, in Caldwell, Idaho. The Caldwell Hearing Examiner recommends for approval to City Council, subject to conditions of approval outlined in the staff report. ADJOURNMENT Planning Issues: None The next regularly scheduled Hearing Examiner meeting is scheduled for Wednesday, June 28, 2023 at 1:30 p.m. The Hearing Examiner adjourned the meeting at approximately 4:12 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: ______________________________________ ____________________ Robin Collins, Planning and Zoning Deputy Director Date A digital recording of the public hearing is available upon request. 6-23-23