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HomeMy WebLinkAbout2024-01-23 Hearing Examiner MinutesHEARING EXAMINER REGULAR MEETING MINUTES Tuesday, January 23, 2024 @ 1:30 pm Caldwell Police Department, Community Room, 110 S. 5` Avenue, Cald APPR6VED 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 (Executive Assistant); Katie Wright (Planner II); Morgan Bessaw (Deputy Director); Robb MacDonald (Public Works Director). CONSENT CALENDAR: The Hearing Examiner approved the December 27, 2023 Hearing Examiner Meeting Minutes as drafted. OLD BUSINESS: Node NEW BUSINESS: ACTION ITEM.• Public Hearing (Quasi -Judicial): Case Number: Case Number: DEV23-000003, PUD23- 0000049 SUB23-0000320 Stephanie Hopkins with KM Engineering, on behalf of Trilogy Development and Open Door Rentals LLC, is requesting approval for a Planned Unit Development (PUD), Preliminary Plat (SUB), and a Development Agreement Modification (AMD) on approximately 79 acres in the R-1 zoning district. The proposed Hoshaw Subdivision is a mixed -use development consisting of 264 single-family lots (180 detached lots, and 84 attached lots), one (1) multi -family lot, four (4) commercial lots, and 49 common lots to total 318 lots overall. The development is proposed with a total of 428 total dwelling units constituting a gross density of approximately 5.4 DU/Acre. The subject parcel is located at the southeast corner of the E. Ustick and S. Indiana intersection between Ustick Road and Homedale Road, in Caldwell, Idaho. Katie Wright (Planner II) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of a PowerPoint presentation. In response to the Hearing Examiner's questions, Ms. Wright stated she has talked with the applicant about parking. In response to the Hearing Examiner's questions, Mr. MacDonald discussed frontage improvements, traffic, and sewer systems; he also stated it is not uncommon for Pioneer Irrigation to not comment and that the Dixie Drain is owned by Bureau of Reclamation, but it is maintained by Pioneer irrigation district. Stephanie Hopkins (Applicant) 5725 N Discovery, signed in favor of the request and provided a description of the application by use of a PowerPoint presentation. In response to the Hearing Examiner's questions, Ms. Hopkins stated they will be in contact with COMPASS and that the applicant is in agreement with the comments from the engineering department. In response to the Hearing Examiners questions, Mr. MacDonald stated that if the city does not get the right of way, they would use the prescriptive right of way. He also stated it would occur during construction drawing review. In response to the Hearing Examiner's questions, Ms. Hopkins stated: • That while they are short 7 parking spaces, the plan would expand guest parking lot in phase 4 to accommodate. • The applicant did coordinate with Fire Marshal Perry and the plan had Fire Department approval. • The developer did gift acreage for new possible elementary school with a previous development. • The neighborhood meeting there was a lot of comments on density, traffic, and school capacity. • The plan has increased the number of lots compared to the original development agreement. • Where the pedestrian bridge is located. • The clubhouse will be for the 4-plex residents as well. The Public Hearing was opened: 1. Adam Duarte 2519 Springcrest St., signed in neutral, had concerns about if all houses were going to be rentals. He also was concerned about traffic, about the safety of children walking to school, speed limits, and parking spaces as well as school capacity. In response to the Hearing Examiners questions, Mr. MacDonald stated according to the TIS a traffic light is not warranted at this point on Laster and Indiana, that the developer will be adding sidewalks, and that there is currently no plan to decrease the speed limit. 2. Katie Baez 4106 Baez ln, signed in neutral, had questions on canal, commercial phase, and fencing. 3. Scott Tilmant 4520 Equinox Ave, signed in opposition with concerns that the City's land use table conflicts with the PUD code, therefore the development does not meet code and should not be approved. In response to the Hearing Examiners questions, Ms. Wright explained that the code allows multi -family as part of a PUD. Ms. Bessaw also explained that the P U D code allows 30% non -permitted uses to be included. 4. James Hancock 2608 Fallcrest, signed in opposition, had concerns with zoning and density. Had a question on the TIS and multifamily use. In response to the Hearing Examiners questions, Mr. MacDonald explained how the TIS is conducted. 5. Mary Bruand, 4706 Equinox Ave (did not get to sign -in), expressed concerns about the drainage ditch and traffic. In response to the Hearing Examiners question, Mr. MacDonald stated the ditch can be abandoned if farmer/landowner chooses to. 6. Adam Duarte of 2519 Springcrest St., spoke a second time in opposition, and had a concern regarding the entrance to the subdivision. Stephanie Hopkins (Applicant), in the rebuttal addressed questions and concerns from the public. Ms. Durtschi closed the public hearing testimony at 3:OOpm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers DEV23-000003, PUD23- 000004, SUB23-000032: 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 RECOMMENDATION FOR CASE NUMBERS DEV23-000003, PUD23-000004, SUB23- 000032: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers DEV23-000003, PUD23-000004, SUB23-000032 for Hoshaw Subdivision, is recommended for approval, subject to the conditions of approval listed in the staff report with the addition of the two following conditions. • Condition 6 - Prior to approval of Final Plat for Phase 5, the applicant shall provide a pedestrian crossing across the Dixie Drain, as shown on the approved landscape plan. • Condition 7 - The applicant shall be responsible for constructing all amenities in substantial compliance with the approved landscape plan. A DJOURNIVIENT Planning Issues: None The nett regularly scheduled Hearing Examiner meeting is scheduled for Tuesday, February 27, 2024 at 1:30 p.m. The Hearing Examiner adjourned the meeting at approximately 3:04 p.m. Respectfully submitted by Angelica Gomez, Executive Assistant MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, SABRINA DURTSCHI, ON THE DATE NOTED BELOW: Date ATTEST; A digital recording of the public hearing is a�ailable upon request.