HomeMy WebLinkAbout9-26-2006 HE MINUTES . .
CALDWELL HEARING EXAMINER
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� September 26, 2006 ��- �°��� �
I. Call to Order - Hearing Examiner, M. Jerome Mapp, opened the meeting for the public
hearing at 7:05 p.m.
II. Review of Proceedings - Mr. Jerome Mapp outlined the procedures for the public
hearing.
Members Present: Brian Billingsley (Senior Planner), David Richey (Associate Planner),
Savanna Davis(Secretary), Brent Orton (Engineering Department).
III. Old Business
A. Mr. Mapp approved the minutes of the August 22, 2006 meeting.
B. Case Number ZON-47-06 & SUP-275-06, a request by Gary McCallister rezoning from
R-1 Single Family Residential to R-3 Multi Family High Density Residential, and special
use permit approval for professional medical offices. The site is located on 10 Avenue
between Ash and Elm Streets.
Testimony:
� David Richey, Associate Planner, informed Mr. Mapp that the applicant has not given the
information that they were required. Same site plan as previously submitted.
Mr. Mapp, clarified there was no new information. He also stated the Fairview Avenue
easement is incorrect. This is actually a right-of-way.
Brent Orton, Engineering Department, stated that they have made an application to
vacate the right-of-way.
Gary McAllister, withdrew Mr. Blasidall's application and kept Black's rezone for
professional office only. Changes were submitted as requested on buffer, landscaping,
trash receptacles and parking.
Mr. Mapp stated that he does not know about the changes made. (withdrawing
Blaisdale's case) Lots 9& 10 are being requested for a rezone.
Mr. Mapp stated that neighbors are concerned about traffic on 10 Avenue and their
property is surrounded on three sides by parking or driveways.
Gary McAllister stated that landscaping would be proposed and he also proposes to
close one of the entrances. There will be a buffer of landscaping. Parking area and
existing building will have landscaping. There will be only one exit to 10 Avenue. It will
generate traffic during the day.
� Mr. Mapp asked staff what is R-1 for the record?
Caldwell Hearing Examiner Page 1 of 11
Minutes — September 26, 2006
David Richey, Associate Planner, stated that R-1 can accommodate duplexes on
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Mr. Mapp asked about landscaping set backs.
David Richey, Associate Planner, stated that there is a minimum buffer 15ft between
offices and residential uses.
Mr. Mapp discussed setbacks.
Gary McAllister asked if he could read some letters of recommendation for the project.
Mr. Mapp replied that he would not take letters.
Mr. Mapp reviewed the minutes of the previous meeting and had requested information
about revising the Plan. This information was needed two weeks prior to the meeting.
Brian Billingsley, Senior Planner, the revised plan came in the morning after the two
week deadline. Wednesday September 13, 2006.
Mr. Mapp stated that he wanted a clear record before this case goes before the city
council and he opened the hearing for public comment. He welcomed Gary McAllister to
come back and submit the letters.
Gary McAllister summarizes the letters for the record (Exhibit-PZ-2000).
• • Dr. Blaisdale — Favor — will create less traffic, increase value and safety to the
area.
• David Reed — Favor — no duplexes, less traffic and appropriate use of the
property.
• Richard Hill — Favor — re zone for medical offices and keeping with existing
buildings in area to improve value of his home and property.
Gary McAllister, submitted a map of another property (Exhibit PZ-2001).
Mr. Mapp assumed the neighbors have not seen this information.
David Kerick signed in opposed to the application and gave testimony. He stated that he
saw the revised application on Wednesday and did not see a lot of differences.
Geneal Kerick signed in opposed to the application and gave testimony. She stated that
they listened to the tape of the ruling and findings and discussion of the prior meeting.
She spoke of how Mr. Mapp would not approve the re zone.
Mr. Mapp stated that he did not make a final ruling.
Geneal Kerick was concerned about landscaping.
Ken Stringfield signed in opposed to the application and gave testimony. He expected to
• see the changes to the Blaisdale that has now been withdrawn. Concerned about
Kerricks house being surrounded by cement.
David Richey, Associate Planner, stated a correction on duplex density.
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Minutes — September 26, 2006
. Mr. Man� rnmmPntc that �i�Gt hPr_.a��sP this was �ion� in another location doesn't make it
right. He spoke of curb cut and will not help the impact on the 2,400 sq ft house. He
gave extra two weeks for a re design. He is still unclear if Fairview Avenue is an
easement or right of way. He doesn't think this has been thought out and that nothing
shown this evening will change his mind to re zone to R-3.
Public testimony ctosed — Mr. Mapp closed public testimony.
Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the
Comprehensive Plan components listed in Sections 5.1 through 5.4 in the staff report.
Findings of Fact: The Hearing Examiner stated that he will accept the special use
permit application with conditions 5.1 through 5.6 in the staff report from today and
August 22, 2006. Exhibits PZ-2000 and PZ-2001 were accepted.
Conclusions of Law: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
Recommendation: The Hearing Examiner recommended denial of Case Number ZON-
47-06, a request by Gary McCallister to rezone property located on 10' Avenue between
Elm and Ash Streets from R-1 Single Family Residential to R-3 Multi Family High
Density Residential.
NOTE: See Recommendation for complete testimony or contact Community
• Development Department for audio tapes of the hearing.
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IV. New Business
A. Case Number ANN-130-06/SUP-278-06, a request made by Dion Zimmerman for the
Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints
for annexation of 9.48 acres into City limits, and for special use permit approval to
operate a church. The site is located at 11838 Linden Road.
Testimony:
David Richey, Associate Planner, provided the staff report and sfiated that condition
11.11 is a duplication of 11.15. He recommended to strike condition 11.11 out of staff
report.
Mr. Mapp asked if there are 321 parking spaces.
David Richey, Associate Planner, 321 spaces should be adequate but that depends
upon use of building. The building has a flexible floor arrangement. A landscaping plan
needs to be submitted.
Dion Zimmerman, Applicant's representative, testified on parking requirements and his
• reason for dedicating 321 spaces. He was not aware of missing landscaping plan. Has
stated that he has one available and will submit it to staff. Has dispute with staff report is
item # 4, on page 4 regarding pathways.
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Minutes — September 26, 2006
. Rrian Rillin�SlPV Senior Planner stated that the city code reauires pathways along all
water ways regardless of land use.
Mr. Mapp had a question on sewer services.
Mr. Zimmerman stated that he would like to hook up to sewer.
Mr. Mapp asked when will construction begin.
Mr. Zimmerman stated early Spring of 2007.
Mr. Mapp had a question about the drain field.
Mr. Zimmerman replied that a new lift station is needed.
Brent Orton, Engineering Department, stated that this project will be completed in March
of 2007.
Mr. Mapp had a question on lightning.
Mr. Zimmerman replied that down lighting will be used.
Mr. Mapp asked a question about building height.
Mr. Zimmerman replied that the total building height will be 70-feet (steeple).
• Mr. Billingsley, Senior Planner, submitted landscaping plan as exhibit PZ-1000.
Public testimony closed — Mr. Mapp closed public testimony.
ANNEXATION:
Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the
Comprehensive Plan components listed in the staff report.
Findings of Fact: The Hearing Examiner accepted the general facts as outlined in the
staff report and public testimony as a part of the Findings.
Conclusions of Law: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
Recommendation: The Hearing Examiner recommended approval of Case Number
ANN-130-06 regarding the annexation of 9.48 acres located at 11838 Linden Road. As
a condition of approval, Mr. Mapp recommends that a development agreement and
landscaping plan be provided.
SPECIAL USE:
Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the
� Comprehensive Plan components listed in the staff report.
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Minutes — September 26, 2006
Findings of Fact: The Hearing Examiner accepted the general facts as outlined in the
• cta.ff. rPnnr-t anci n��hlic t��timony as a nart of the Findinas.
Conclusions of Law: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
Recommendation: The Hearing Examiner voted to approve Case Number SUP-278-06
regarding a special use permit to open a church located at 11838 Linden Road with
conditions 11.1-11.15. He deleted condition 11.11. He created two new conditions
• Condition 12.1 no septic system allowed.
• Condition 12.2 the parking lots shall have all down lighting.
Mr. Mapp also agreed that the number of parking spaces proposed by the Applicant is
sufficient.
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B. Case Number VAR-30-06, a request made by Vern and Judy Subia for variance
approval regarding frontage requirement for 2205 College Avenue.
Testimony:
David Richey, Associate Planner, provided the staff report.
� Mr. Mapp spoke about the front yard set back. He made it clear that the requirement is
60 feet of lot width and the Applicant was asking for 56 feet.
Mr. Richey stated that the Subias have requested a reduction of 3 ft and few inches to
allow a triplex in R-2 zone.
Mr. Mapp asked if buildings are they connected? One structure or two?
Mr. Richey stated that there are two separate structures.
Mr. Mapp asked how are two separate units can be called a tri-plex.
Mr. Richey stated that this site would contain a total of three units.
Mark Subia, Applicant, testified that the townhouse style duplex that fronts College
Avenue.
Mr. Mapp asked how is this considered a triplex?
Mark Subia replied that it is a duplex town house style with a detached garage with an
apartment above. Not a triplex.
Mr. Mapp asked if they meet all requirements.
• Brian Billingsley, Senior Ptanner, stated that they meet all requirements.
Mr. Mapp questioned how close it is to the college.
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Minutes — September 26, 2006
. Mark S� ihia rPnliPrl that thP I�t is next door #o it on both sides_
Mr. Mapp questioned what buildings are next to it.
Mark Subia replied two boarded up buildings.
Chris Anton, from Albertson's College, signed in opposed to the application and gave
testimony. He stated that this proposal detracts property values.
Mr. Mapp questioned why it is a bad thing.
Mr. Anton replied that this neighborhood should be single family dwellings; not high
density dwellings.
Findings of Fact: The Hearing Examiner accepted the general facts as outlined in the
staff report and public testimony as a part of the Findings.
Conclusions of Law: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
Recommendation: The Hearing Examiner ordered that Case Number VAR-30-06
regarding a lot width variance at 2205 College Avenue is approved with the condition
the applicant meets setback requirements.
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� C. Case Number ANN-132-06/SUB-156P-06, a request made by I-202-1 ID Peregrine
Estates for annexation of 161.15 acres into City limits with R-1 (Single Family
Residential) zoning, and for preliminary plat approval of Peregrine Estates. The site is
located north of Orchard Street and east of Lake Avenue.
Testimony:
Brian Billingsley, Senior Planner, presented the staff report. He presented Exhibit PZ-
1000 (Letter from an Objector).
Sabrina Whitehead, Applicant's Representative, signed in favor of this request and
provided testimony. She stated the proposed zoning of R-1 is based on the City's vision
for this area. She stated that she provided staff with a modified preliminary plat.
Mr. Mapp stated his concern on configuration of the subdivision.
Ms. Whitehead preferred the applicant to answer lot removal.
Mr. Mapp asked what amenities will the Clubhouse offer?
Ms. Whitehead stated a pool, recreational area, and community area.
Kevin Harris, Applicant, signed in favor of the application and provided testimony on the
� recreational area, pool, and covered patio area. He discussed open space and
removing lots.
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Minutes — September 26, 2006
Bonnie Eldrenghoff, signed in favor of the application and provided testimony. She
• statPC� that nn inf�rmati�n �ent to her about the hearina.
Scott Glubay, signed in opposition and provided testimony. He stated that he is not in
total disagreement. He wants a 4 way stop sign at Orchard Street and Lake Avenue and
is concerned about drainage.
Gregory Davies, signed in opposition and provided testimony. He is concerned about
traffic, noise, scenic views, and property value.
Rene Widolck, signed in opposition and provided testimony. She submitted exhibit PZ-
1002 (Letter). She is concerned the subdivision will not be in keeping with the existing
homes in the area, property values, and traffic.
Nancy Henry, signed in opposition and provided testimony. She stated that she could
not find a posted hearing notice on the property. She is concerns about traffic, lights,
bike paths, and drainage.
Brent Orton, Engineering Department, addressed the following questions to the
audience: drainage, traffic signals and school.
Brian Billingsley, Senior Planner, addressed Landscaping concerns with the audience.
Jason Kotter, signed in opposition and provided testimony. He represents a developer
on the east side of the subject site. The homes in his subdivision will be high-end and
he is concerned that the home in the proposed subdivision will not be compatible with
• the homes in his subdivision.
Sylvin Adamson, signed in neutral and provided testimony. He owns 25 acres that is
adjacent to the subdivision. He is concerned about fencing, drainage, and site
addressing.
Kevin Harris, Applicant, was �ecalled for rebuttal testimony. He stated that the developer
will pay for 75% of traffic lights at Lake and Orchard. He also stated that noise and
traffic is just a part of growth.
Frank and Kim Freeman, signed in opposition and chose not to speak.
Public testimony closed — Mr. Mapp closed public testimony.
COMPREHENSIVE PLAN MAP AMENDMENT:
Mr. Mapp approved designating the site for low-density residential use on the
Comprehensive Plan Map.
ANNEXATION:
Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the
Comprehensive Plan components listed in Sections 5.1 through 5.10 in the staff report.
� Findings of Fact: The Hearing Examiner accepted the general facts as outlined in the
staff report, public testimony, and the evidence list as a part of the Findings.
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Minutes — September 26, 2006
Conclusions of Law: The Hearing Examiner accepted the Conclusions of Law as
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Recommendation: The Hearing Examiner recommended approval of Case Number
ANN-132-06, a request for annexation of 161.15 acres located north of Orchard Street
and east of Lake Avenue with the following condition:
• Condition 8.2 as listed in the staff report.
PRELIMINARY PLAT:
Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the
Comprehensive Plan components listed in Sections 5.1 through 5.10 in the staff report.
Findings of Fact: The Hearing Examiner accepted the general facts as outlined in the
staff report, public testimony, and the evidence list as a part of the Findings.
Conclusions of Law: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
Recommendation: The Hearing Examiner recommended approval of Case Number
SUB-156P-06, a request for preliminary plat approval of Peregrine Estates Subdivision
located north of Orchard Street and east of Lake Avenue with the following conditions:
• Conditions 11.2 through 11.34 as listed in the staff report.
� � The applicant will provide rounded off open space areas.
• The applicant shall provide a 6-foot privacy fence around the perimeter of the
property.
• Recommends that the Applicant provide compatible lots adjacent to existing lots
that around the perimeter of the subdivision.
NOTE: See Recommendation for complete testimony or contact Community
Development Department for audio tapes of the hearing.
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D. Case Number ANN-131-06/SUB-155P-06 is a request made by Landmark Engineering
& Planning for annexation of 209.29 acres into City limits with R-1 (Single Family
Residential) zoning, and for preliminary plat approval of Eagle Rock Subdivision. The
site is located at Midland Road and Hwy. 20/26.
Testimony:
Brian Billingsley, Planning and Zoning Director, provided the staff report.
Clint Boyle, Applicant's Representative, signed in favor of this request and provided
testimony. He spoke about the growth of Caldwell, partly due to the Karcher
interchange. He discussed accessibility, city services, parks, pathways and open
spaces.
• Mr. Mapp asked about connecting street.
Caldwell Hearing Examiner Page 8 of 11
Minutes — September 26, 2006
Mr. Boyle stated connection of the west is in agreement. He also stated he did not want
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Mr. Mapp asked about adjustments made to lots 6-7.
Mr. Boyle replied it is a cul-de-sac with some common area for future extension of the
road. He spoke of several connections and pathways.
Mr. Mapp suggested making lots 21 and 22 one lot.
Mr. Boyle stated the developer would be against making lots 21 and 22 into one lot.
Mr. Mapp asked more questions about lot 22 and will not allow variance.
Mr. Boyle stated he would not ask for a variance on lot 22.
Mr. Boyle spoke more about pathways and right-of-ways.
Larry Shideler, signed in favor of the application and provided testimony. He owns 15'/2
acres that a joins to the East. He would like the stub road moved further North, large
sized lots, and non-plastic fencing.
Lance Thueson, Applicant, signed in favor of the application and provided testimony.
They have agreed to donate with Gordon Law an open site for a well site. He is
opposed to the connection.
i Mr. Billingsley read a letter into the record exhibit PZ-1000.
Mr. Boyle stated on the easement is noted on the preliminary plat.
Brent Orton, Engineering Department, He spoke on two items on the far south east
parcel if the applicant had any desire to address that out parcel and make a note for the
far east side. He spoke of the City policy on out-parcels.
Public testimony closed — Mr. Mapp closed public testimony.
COMPREHENSIVE PLAN MAP AMENDMENT:
Comprehensive Plan Map Amendment: Mr. Mapp approved designating the site for
low-density residential use on the Comprehensive Plan Map.
ANNEXATION:
Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the
Comprehensive Plan components listed in Sections 5.1 through 5.10 in the staff report.
Findings of Fact: The Hearing Examiner accepted the general facts as outlined in the
staff report, public testimony, and the evidence list as a part of the Findings.
• Conclusions of Law: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
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Minutes — September 26, 2006
Recommendation: The Hearing Examiner recommended approval of Case Number
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Family Residential) zoning, and for preliminary plat approval of Eagle Rock Subdivision.
The site is located at Midland Road and Hwy. 20/26. of 161.15 acres located north of
Orchard Street and east of Lake Avenue.
• Condition 8.2 as iisted in the staff report.
PRELIMINARY PLAT:
Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the
Comprehensive Plan components listed in Sections 5.1 through 5.10 in the staff report.
Findings of Fact: The Hearing Examiner accepted the general facts as outlined in the
staff report, public testimony, and the evidence list as a part of the Findings.
Conclusions of Law: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
Recommendation: The Hearing Examiner recommended approval of Case Number
SUB-155P-06, a request for preliminary plat approval of Eagle Rock Subdivision is
located at Midland Road and Hwy. 20/26:with the following conditions:
• Conditions 11.2 through 11.42 except for 11.33, 11.40, and 11.41 as listed in the
staff report.
� • The applicant shall install a 12ft pathway with 8 feet of asphalt and a 2 foot buffer
on each side from Landor Way to the park along the rail road tracks.
• All adjacent outparcels must meet City of Caldwell requirements for street
dedication and improvements.
• All lots shall meet City of Caldwell minimum lot size requirements.
• The easterly stub street should be moved to Era Drive.
NOTE: See Recommendation for complete testimony or contact Community
Development Department for audio tapes of the hearing.
...............................................................................
V. Planning Issues
Mr. Billingsley informed Mr. Mapp that the regularly scheduled meeting in December falls
on a City Holiday. Mr. Mapp suggested that this meeting be moved to Wednesday, �
December 27, 2006.
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Caldwell Hearing Examiner Page 10 of 11
Minutes — September 26, 2006
VI. Adjournment
• The Hearing Examiner adjourned the meeting at approximately 11:30 pm.
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP,
ON THE DATE NOTED BELOW:
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�'` ' ' � ; C� � Y C � G ATTEST:
M. Jerome Mapp Dat
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Commun y Development Director
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Caldwell Hearing Examiner Page 11 of 11
Minutes — September 26, 2006