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HomeMy WebLinkAbout2024-08-27 Hearing Examiner Minutes9 HEARING EXAMINER REGULAR MEETING MINUTES Tuesday, August 27, 2024 @ 1:30 pm Caldwell City Council Chambers Room, 205 S. 6th 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); Alex Jones (Planner 1); Katie Wright (Planner 11); CONSENT CALENDAR: The Hearing Examiner approved the July 23, 2024, Hearing Examiner Meeting Minutes as drafted. OLD BUSINESS: None NEW BUSINESS: ACTION ITEM. Public Hearing Quasi -Judicial: Case Number: SUP24-000011: The applicant, Ivan Castillo of Odyssey Homes, on behalf of Alfredo Edgar Escobedo, is requesting a special use permit to build a duplex on a 0.28-acre parcel currently zoned R-1 pow density residential). The comprehensive plan land use designation for the subject parcel is MDR (medium density residential). The subject site is located on the southwest corner of Syringa Lane and Hill Lane, and legally addressed as 308 Hill Lane, parcel R02661010A1, in Caldwell, Idaho. Alex Jones (Planner I) 205 S. 6th Avenue, provided the staff report by outlining its contents by use of a PowerPoint presentation. Ivan Castillo (Applicant) 2115 W Habitat St, Nampa, ID, signed in favor of the request and provided a description of the application. In response to the Hearing Examiner's questions, Mr. Castillo stated: • Edgar Escobedo is the property owner. • Property owner owns a car lot. He would like to store one car there in the accessory garage. • The neighborhood meeting went well. They had two neighborhood meetings. • Concerns at the meeting were in regards to access into the property. No one from the public chose to testify. Ms. Durtschi closed the public hearing testimony at 1:37 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers SUP24-000011: 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 NUMBERS SUP24-000011: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers SUP24-000011 for Odyssey Homes Duplex is approved, subject to the conditions of approval listed in the staff report. 2. ACTION/TEM.Public Hearing Quasi Judicial: Case Number: PUD24-000003: NVS, on behalf of Rental Property Holdings, LLC, is requesting approval of a planned unit development on Parcel R3582900000 (approx. 5.00 acres) and R3582500000 (approx. 23.06 acres) for a residential community, Homesteads at Wilson Creek, consisting of four (4) single family homes,119-duplex buildings (238 dwelling units), and 3 triplex buildings (9 dwelling units), for a total of 251 dwelling units and a gross density of 8.95 dwelling units per acre. The subject parcels are addressed as 3307 E Ustick Road and 0 E Ustick Road, and are located on the north side of E. Ustick Road, approximately 619 feet west of the intersection of Lake Avenue and E. Ustick Road, in Caldwell, Idaho. Katie Wright (Planner H) 205 S. 6th Avenue, 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 the following: • The pedestrian pathway will be the size of a private drive used for secondary access. • The applicant and Engineering came to a compromise for width of pathway. • Guard rails were added as a condition because engineering showed a concern with the proposed bus stop being at the north of the drain. Bonnie Layton (Applicant) 690 S. Industry Way, Meridian, ID, signed in favor of the request and provided a description of the application. In response to the Hearing Examiner's questions, Ms. Layton stated: • Build to rent, it is a rental community. They are providing one- and two-story residential units. There is no one living above or below each other. • For amenities there is a clubhouse at the entrance, a pathway along the Wilson drain looping through the interior portion of the site, tot lot / dog park area, and bus stop shelter. • Each unit will have its own fenced backyard. • The covered shelter is adjacent to the drive aisle. The intent would be for the children to wait there and when the bus came, they would walk across the bridge to get on the bus. • Applicant talked with engineering and fire about private drive aisles. They are meeting fire code. • Have been working with Pioneer Irrigation, Bureau of Reclamation, and the City. In response to the Hearing Examiners' question, Ms. Wright stated that questions about 404 permits would be best addressed by Engineering. In response to the Hearing Examiner's questions, Ms. Layton stated: • They will still need to apply for construction drawing review and approval prior to starting construction or receiving building permits. • The clubhouse in the current application will not be like the clubhouse referenced in the previous entitlements for Silver Lake with commercial rental availability but will be for residents only. In response to the Hearing Examiners question, Ms. Wright stated: • Planning and Zoning does not usually require there be staff onsite during working hours. • The development is requesting to provide a 6 It fence on the interior side of the pathway, although code requires it on both sides of the pathway. In response to the Hearing Examiner's questions, Ms. Layton stated: • Fencing to the rear of the units will be open style. • They are trying to provide enough landscaping across the site. • A neighborhood meeting was held. No one attended. The neighbors might have been referencing the original application with their concerns. • On the west side of the development there is about 140 ft from the back of the neighbor's house to the face of house in the development. • There are homes that are closer in the cul-de-sac but there is a 16 ft landscape buffer on the north - west side. • All homes adjacent to existing residential are limited to one story. In response to the Hearing Examiners question, Ms. Wright stated, it is conditioned in the order of decisions that the rules need to be followed when it comes to dust. There is someone in Public Works that can go check up on those issues if there is one in the future. In response to the Hearing Examiner's questions, Ms. Layton stated, the bus stop shelter is within the development. The children will walk across the bridge for the bus. In response to the Hearing Examiners question, Ms. Wright stated: • There would be no DA modification. • The TIS from silver meadows was updated and used for this development. Public Testimony Stan Soran 4215 Everett St., signed in opposition, concerns on there is going to be paving off Everett. David Henderson 3813 Duluth Ave., signed in opposition, concern of affecting property value and construction. In response to the Hearing Examiner's question, Ms. Wright stated, the previous PUD was approved in 2023. They had a neighborhood meeting on July 280', 2022, with Amy Johnson of Utah. The meeting was held at the site for Silver Meadows. Bonnie Layton (applicant), in the rebuttal addressed concerns from the public. • She did not attend any onsite meetings. The one she scheduled was back in February of 2024. That might be where the confusion was. • The drive aisle is private drive that is a second access point. It will be paved, and it will be made clear and marked private drive. Ms. Durtschi closed the public hearing testimony at 2:50 pm FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers PUD24-000003: 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 RECOMMEDATION FOR CASE NUMBERS PUD24-000003: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers PUD24-000003 for Homesteads at Wilson Creek is recommended for approval, subject to the conditions of approval listed in the staff report with the following modifications to the conditions of approval: Modifications to the draft Conditions of Approval: 1. Additional Condition: Prior to City Council, Pioneer Irrigation District shall provide staff with a letter in response to the original Public Agency Memo regarding this development and the proposed crossing of the Wilson Creek Drain. 2. Additional Condition: At time of final landscape inspection, the applicant shall provide a covered bus stop for the Caldwell School District, on the south side of the Wilson Creek Drain, to service the bus stop along 41 st Ave. and Everett St. 3. Existing Condition #4, remove the word "submittal', and replace with the word "issuance." ADJOURNMENT The Hearing Examiner adjourned the meeting at approximately 2:51 p.m. The next regularly scheduled Hearing Examiner meeting is scheduled for Tuesday, September 24, 2024, at 1:30 p.m. Respectfully submitted by Angelica Gomez, Administrative Assistant MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, SABRINA DURTSCHI, ON THE DATE NOTED BELOW: 0, 2-k-k . Sabrina Durtschi Date A rgan B EfeFuty Director Date A digital recording of the public hearing is available upon request.