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HomeMy WebLinkAboutHE Minutes 09-13-23Page 1 | 5 Hearing Examiner Minutes 09/13/2023 HEARING EXAMINER REGULAR MEETING MINUTES Wednesday, September 13, 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. REVIEW OF PROCEEDINGS (OPENING STATEMENT) – Ms. Sabrina Durtschi outlined the procedures for the public hearing. MEMBERS PRESENT: Angelica Gomez (Administrative Assistant); Steve Pendleton (Engineer); Katie Wright (Associate Planner); Morgan Bessaw (Deputy Director). CONSENT CALENDAR: ACTION ITEM: Approve the August 23, 2023 Hearing Examiner Meeting Minutes. OLD BUSINESS: (ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: SUP23-000010: THIS CASE WAS CONTINUED AND WILL BE HEARD AT THE OCTOBER 25, 2023 HEARING EXAMINER MEETING. CONTINUED FROM THE AUGUST 23, 2023 HEARING EXAMINER MEETING. KIMLEY-HORN, ON BEHALF OF AUSTON COX AND STEVE SATTERLEE, IS REQUESTING A SPECIAL USE PERMIT FOR A MULTI-FAMILY DEVELOPMENT IN EXCESS OF 25 FEET IN HEIGHT ADJACENT TO SINGLE FAMILY RESIDENTIAL DEVELOPMENT. THE KAHARI APARTMENTS ARE PROPOSED TO CONSIST OF FOUR 3-STORY MULTIFAMILY BUILDINGS, EACH CONTAINING 12 UNITS, FOR A TOTAL OF 48 UNITS. THE PROPOSED DENSITY IS 20.42 UNITS PER ACRE. AN EXISTING SINGLE FAMILY RESIDENTIAL HOME IS ALSO PROPOSED TO REMAIN ON SITE. THE PARCEL IS ZONED R-3 (HIGH DENSITY RESIDENTIAL). THE SUBJECT PARCELS ARE LOCATED ON THE EAST SIDE OF N ILLINOIS AVENUE, JUST SOUTH OF THE INTERSECTION WITH E MADISON ST, IN CALDWELL, IDAHO.) (ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: SUB23-000019 / SUP23-000008: CONTINUED FROM THE AUGUST 23, 2023 HEARING EXAMINER MEETING. LEAVITT & ASSOCIATES ENGINEERS INC., ON BEHALF OF SILVESTRE CASTANEDA, IS REQUESTING APPROVAL OF A PRELIMINARY PLAT APPLICATION FOR 3MS SUBDIVISION AS WELL AS A SPECIAL USE PERMIT FOR ELEVEN (11) FOUR-PLEX UNITS AND ONE DUPLEX UNIT, FOR A TOTAL OF 46 DWELLING UNITS. THE PARCEL IS 4.03 ACRES BRINGING THE PROPOSED DENSITY TO 11.41 UNITS PER ACRE; THE SITE IS CURRENTLY ZONED T-N (TRADITIONAL NEIGHBORHOOD). THE PARCEL IS LOCATED ON THE NORTHEAS+T SIDE OF EAST ELGIN ST., APPROXIMATELY 650 FEET SOUTHEAST OF THE INTERSECTION WITH NORTH 10TH AVE., IN CALDWELL, ID.) Katie Wright (Associate Planner) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of a PowerPoint presentation. Ms. Wright noted that each residential building would be on its own lot; the internal drive would be a common lot, and would have a public access easement placed over it. Staff found the proposed development complied with all parking and landscape requirements, and zoning and subdivision Ordinances. Ms. Wright mentioned that the only public agencies that had concerns were Caldwell Lateral Irrigation District; they mentioned that presently, the property did not have water rights and must contact Pioneer Irrigation to obtain water rights. Canyon County informed the City that the landowner owed taxes for the property, and that had to be paid before the final plat. There were no public comments. Page 2 | 5 Hearing Examiner Minutes 09/13/2023 Site-specific conditions before City Council meeting are listed as follows: • Applicant should provide an updated landscaping plan to show the required pathways and landscaping based on Caldwell City Code. • Applicant should provide proof that water rights were granted from Pioneer Irrigation District. • Applicant should provide proper trash enclosure screening. • Public Access Easement would be placed over common lot number four. • Proposed fire hydrant would need to be moved to the north side of Sari lane to cover the 150’ requirement. Steve Pendleton (Engineer) responded to questions from the Hearing Examiner and explained that the emergency secondary access would be on the southeast corner of the development; however, he would have the Fire Department comment on it, since it was not an engineering requirement. Dan Lardie (Representative) 1324 1st Street South., spoke in favor of the request and provided a description of the application by outlining its contents by use of a PowerPoint presentation. He noted that the emergency access was to the southeast and was discussed with the Fire Department during the roundtable. They would pave it and it would have landscape on the east and west side. Mr. Lardie indicated that they were asking for a size variance of 35’ instead of a 25’ allowed next to a single family residence for Lot 7 on the west side. In response to questions from the Hearing Examiner, Mr. Lardie stated that an HOA or a Property Owner’s Agreement would maintain the shared driveway or access point, if the same owner did not own them. Silvestre Castaneda (Applicant) 119 7th Avenue South., spoke in favor of the request and stated that there were 13 structures in the property. Some of those were garages and storage. He stated that if the application was approved, the old buildings would be removed. He added they would give enough notice to the current owners to vacate the premises. Mr. Castaneda noted that the property did have irrigation rights through Pioneer Irrigation; however, it did not have City water rights. Robert Pilote 1102 Arthur., signed as neutral for the request and stated he owned the property to the north. He wanted to state for the record that there was existing manufacturing use adjacent to the property that produced noise, dust, smells, and they operate odd hours. Additionally, he would like to know if the intention of this project was to paper plat and then take to market, or ultimately, go with vertical construction on their own and retain ownership. In response to questions from the Hearing Examiner regarding the manufacturing business adjacent to the site, Mr. Pilote stated he was the property owner, and the tenant coats seed on the property. They have large dust houses with high-speed fans, a lot of lime and truck traffic. This was seasonal manufacturing, and during the peak time, it runs between 16 to 18 hours per day. Mr. Sylvester stated they were aware of the seed business next to the applicant’s property and addressed the issues. Ms. Durtschi asked the applicant if they thought about adding landscaping to buffer the noise. Mr. Sylvester responded they could add more landscaping to improve it. Page 3 | 5 Hearing Examiner Minutes 09/13/2023 In response to questions from the Hearing Examiner, Mr. Sylvester stated he did not know if he would find a developer or a bank that would finance it, and he would keep it and manage it himself. He added that if he would end up selling the property, he would make sure there was an HOA. In response to questions from the Hearing Examiner, Ms. Wright stated there was a different land-use buffer requirement, and they have addressed it. Ms. Durtschi closed the public hearing testimony 1:58 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Number SUB23-000019 / SUP23-000008: The Caldwell Hearing Examiner accepts the Findings of Fact and Conclusions of Law outlined in the staff report, the 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 SUP23-000008: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that the request for a Special Use Permit (SUP23-000008) on approximately 4.04 acres (Parcel R3508400000) located in the 22-4N-3W SE TX 05021 IN SWNESE LS TX 17519 T75509 T77548 is approved for the Preliminary Plat and a Special use Permit to allow the 4-plexes in a T-N Zone along lot 7 being 35’ rather than 25’ along a single family home, subject to the conditions of approval outlined in the staff report. Staff report lists conditions 1 to 31, Ms. Durtschi did not add additional conditions. NEW BUSINESS: (ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: SUB22-000028: THIS CASE WAS CONTINUED AND WILL BE HEARD AT THE OCTOBER 25, 2023 HEARING EXAMINER MEETING. TAMEE BILBO, ON BEHALF OF J AND V CONSTRUCTION LLC, IS REQUESTING PRELIMINARY PLAT APPROVAL FOR BAJA SPRING SUBDIVISION, A 16 LOT (14 RESIDENTIAL LOTS, 2 COMMON LOTS) SUBDIVISION. THE ENTRANCE TO BAJA SPRING SUBDIVISION WILL COME FROM WOODWAY ESTATES SUBDIVISION TO THE EAST WITH AN EMERGENCY ONLY ACCESS POINT ON INDIANA AVENUE. THE 3-ACRE PARCEL IS ZONED AS R-2 (MEDIUM DENSITY RESIDENTIAL) AND IDENTIFIED AS MEDIUM DENSITY RESIDENTIAL WITHIN THE CURRENTLY ADOPTED COMPREHENSIVE PLAN. THE SUBJECT PARCEL, R0410001000, IS LOCATED ON THE EAST SIDE OF INDIANA AVENUE, APPROXIMATELY 330 FEET SOUTH OF THE INTERSECTION WITH BEECH ST., IN CALDWELL, IDAHO.) (ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: SUP23-000011: EL PATRON LLC, ON BEHALF OF CLEARWATER CALDWELL LLC, IS REQUESTING A SPECIAL USE PERMIT FOR A DANCE HALL/NIGHT CLUB USE TO ALLOW TICKETED CONCERTS AND EVENTS WITHIN THE EXISTING EL PATRON EVENT CENTER. THE STRUCTURE IS EXISTING AND NO CHANGES TO THE STRUCTURE, SITE, OR ACCESS ARE PROPOSED. THE SUBJECT PARCEL, R3250010200, IS ZONED C-3 (SERVICE COMMERCIAL) AND IS LOCATED IN THE SOUTHEAST CORNER OF CLEARWATER PLAZA, WHICH IS LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION BETWEEN USTICK ROAD AND CLEVELAND BLVD., IN CALDWELL, IDAHO.) Morgan Bessaw (Deputy Director) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of a PowerPoint presentation. Ms. Bessaw mentioned that the yellow slide would develop as Medium Density Residential in the future. That would be the closest residential parcel to the site and was approximately 150’ away. Page 4 | 5 Hearing Examiner Minutes 09/13/2023 Ms. Bessaw explained this was an existing event center. The difference in the code between event center and dance hall nightclub was that the entire facility was rented to one person for a single fee. Whereas a nightclub would have an individual cover charge. Even though they were permitted to be an event center, they would like to start having different events with cover charges. She mentioned that the event center has a permitted occupancy of 406 people with tables and chairs. If the chairs were removed, there would be sufficient capacity to accommodate the requested occupancy of 600 people, and that was verified by the Fire Department. The applicant recently underwent improvements in the event center to expand the interior and to construct a stage; however, the stage had not received the final inspection from the Building Department. Ms. Bessaw reported that the applicant should pass the final inspection of the stage prior to hosting concerts or other events where the stage would be used. Ms. Bessaw also mentioned that per code, dance halls required between one-half to one parking spaces per 100 sq. ft., of building space. Their structure was 12000 sq. ft., and that would require 62 to 124 parking spaces. The site had 70 parking spaces, therefore, they were compliant with code for the requested use; nonetheless, since they have an occupancy request of 600 persons, 70 parking spaces were not sufficient to accommodate that occupancy. Although, the site was surrounded by other commercial buildings that had plenty of parking. She clarified no shared parking agreements were provided. She stated that they only received agency comments from Fire, verifying the occupancy for the event center at 406, and for the dance hall nightclub at 600. They also noted there were no existing code violations onsite. She indicated they received one letter of support of the application from the property owner, stating the applicant was a long time stable tenant of the building. Ms. Bessaw stated she would like to know if the applicant had any further conversations with adjoining properties to better gage the most accurate occupancy 406 or 600. In conclusion, Ms. Bessaw reported that the draft findings also required a final inspection of the stage prior to use. In addition, a monthly calendar of planned events was required for their alcohol license. These calendars must be submitted to the City Clerk stating the type of event, date, time and approximate attendance. Antonio Chavez (Applicant) 13843 Paraiso., spoke in favor of the request and stated that the owner of the event center also owned an acre with gravel next to the establishment. He mentioned that the owner would allow him to use that property for extra parking spaces. In response to questions from the Hearing Examiner, Mr. Chavez responded that to his knowledge, the code enforcement issue that triggered the application for an SUP permit was that the exit signs were not functioning. He indicated the business was registered as an all-purpose arena. Subsequently, he attended a roundtable meeting and was told he had to apply for a Special Use Permit. In response to questions from the Hearing Examiner, Ms. Bessaw stated there was not an open code enforcement case regarding the dance hall nightclub. She said someone noticed it was having ticketed events vs. just renting the full facility. Fire went to do an inspection and reported what had to be fixed was fixed. Ms. Durtschi asked the applicant if he held any ticketed events before April 20th and what was the maximum people attending. Mr. Chavez responded that most of the events were quinceaneras and weddings. He said he never had more than 300 to 400 attend the events. Page 5 | 5 Hearing Examiner Minutes 09/13/2023 Ms. Durtschi asked about parking issues. Mr. Chavez responded there were no parking issues. His security personnel made sure patrons used onsite parking, or the gravel acre next to the facility. He said that sometimes patrons did park at the Walmart parking lot; however, it was late in the evening when the parking lot was empty. He added that he never received a call from Walmart with complaints of people using their parking lot. Ms. Durtschi closed the public hearing testimony 2:21pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Number SUP23-000011: The Caldwell Hearing examiner accepts the Findings of Fact and Conclusions of Law outlined in the staff report, the 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 SUP23-000011: Based on the findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Number: SUP23-000011: El Patron LLC, on behalf of Clearwater Caldwell LLC, is requesting a Special Use Permit for a dance hall/night club use to allow ticketed concerts and events within the existing El Patron Event Center. The structure is existing and no changes to the structure, site, or access are proposed. The subject parcel, R3250010200, is Zoned C-3 (Service Commercial) and is located in the southeast corner of Clearwater Plaza, which is located on the southwest corner of the intersection between Ustick Road and Cleveland Blvd., in Caldwell, Idaho is approved with the conditions of approval outlined in the staff report and added conditions of approval. Staff report lists conditions 1 to 11, Ms. Durtschi added the following condition: • Condition 12 – Applicant to provide a Shared Parking Agreement with the owner of the gravel acre. ADJOURNMENT Planning Issues: None The next regularly scheduled Hearing Examiner meeting is scheduled for Wednesday, October 25, 2023 at 1:30 p.m. The Hearing Examiner adjourned the meeting at approximately 2:21 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. 10/10/23