HomeMy WebLinkAbout5-23-2007 HE MINUTES . a a , . ' ... ,
CALDWELL HEARING EXAMINER A �'�'R�v�� ;
• MINUTES ��'"��'
May 23, 2007
I. Call to Order — Hearing Examiner, Mr. Jerome Mapp, opened the meeting for
the public hearing at 7:00 p.m.
II. Review of Proceedings — Mr. Jerome Mapp outlined the procedures for the
public hearing.
Members Present: Brian Billingsley (Planning Director), Savanna Davis
(Secretary), April Cabello (Planning Technician), Brent Orton (Engineering
Department) via cell phone.
III. Old Business
A. Mr. Mapp approved the minutes of the April 24,�J2007 meeting.
IV. New Business
A. Mr. Mapp inquired about changes to the agenda. Anne Marie Skinner, Senior
Planner, informed Mr. Mapp item A on the agenda Case Number SUP-291-07
Vision Charter School, has been withdrawn and item D on the agenda Case
• Number ANN-154-07, SUB-174P-07, SUP-290-07 hearing date has been
defered to July 24, 2007.
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B. Case Number ZON-51-07 is a requesY by Kevin and Mary Kay Rigsby, AI
Johnson and Ustick Middleton, LLC for the rezone of 15.4 acres of land from
partially R-1 (Single-Family Residential) and partially C-3 (Service Commercial)
to completely C-3 (Service Commercial), a comprehensive plan map amendment
from low density residential to commercial and a development agreement. The
site is located at 10952 Ustick Road and 18036 Middleton Road.
Testimony:
a. Anne Marie Skinner, Senior Planner presented the staff report and noted
a change made to the staff report 8.6 to read external lighting to be
downward facing.
b. Jerome Mapp, Hearing Examiner stated his concern regarding the zone
C-3 and thinks C-1 or C-2 would be more appropriate. Mr. Mapp asked
Ms. Skinner what the current land use is to the north, south, east and
west.
c. Ms. Skinner, stated to the north and east it is zoned R-1, to the south it is
C-3 and R-1, to the west it is county and is being used for agriculture.
d. Chris Penland, Applicant's representative, signed in favor of the
application and submitted exhibit PZ-1000 (aerial photo). Mr. Penland
provided testimony giving an overview of the project and stated there are
• M��;��rla nf cifa attClk�l!tPC that lanrl th� n� tc� r.Qmm���i�l Uses: thiS
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• property is partially in the airport overlay district and location for
consistent vehicular traffic is appropriate. Mr. Penland stated this is a
logical commercial corner poised for commercial growth. Mr. Penland
requested to have addressed item 8.9 from the staff reporf: Mr. Penland
gave three example projects that failed and why item 8.9 would not work.
e. Mr. Mapp addressed Mr. Penland's concern and explained he did not feel
that item 8.9 was the reason for failure of the three examples.
f. Mr. Mapp discussed landscaping, mini-storage and comrnercial usage
with Mr. Penland.
g. Mr. Penland told Mr. Mapp it is purely conceptual at this time.
h. Mr. Mapp explained to Mr. Penland his concern for a wall�#o service the
boundary as a barrier. He stated it needs landscaping between asphalt
and the building. Mr. Mapp also questioned two rows of parking.
i. Mr. Penland agreed that it may be too much parking.
j. Mr. Penland stated he had just received today the comments from the
engineering department and would �like(�more time to address the fencing
and landscaping in the development agreement.
Public testimony closed — 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 5.5 in the
staff report and were accepted.
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.
Order of Decision: The Hearing Examiner recommended that Case Number
ZON-51-07 be approved with the following conditions:
• 8.1 through 8.10 as written with a modification of 8.6 to be downward
facing and will add to 8.7 a privacy fence and landscaping.
• PZ-1000 shall also be part of the record.
• Comprehensive plan will have a designation of commercial for the entire
area.
• Development agreement will be negotiated with the applicant regarding
fencing, landscaping and parking.
• 9.1 will be added to the record that the land use schedule designation will
be a C-3 zone with exhibit PZ-1001 submitted by Mr. Mapp, Land Use
Schedule for the City of Caldwell, with his markings in pink that will all be
a special use permit only in a C-3 zone.
(Brent Orton disconnected at this point of the hearing)
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C. Case Number ANN-155-07, SUB-175P-07, VAR-31-07 is a reque'st by Hoshaw
• Family Trust, RMR Consulting and Mason ar�d'�:Stanfield for annezation of 81.45
acres located at the southeast corner of Indiana Avenue and Ustick' Road with
R-1 Single-Family Residential zoning, a development agreement listing the terms
and conditions of the land use zone classification approval, preliminary plat
approval of Knightsbridge Subdivision for 286 residential lots and 18 common
lots and a variance for block length.
Testimony:
a. Anne Marie Skinner, Senior Planner, presented the staff report and noted
there had been a request for two varia'nces and the first variance was for
a dead end street and it has been withdrawn. The applicant will revise it
so there will be no dead end street. The only variance will be for a request
of a longer block length.
b. Matt Schultz, applicant, signed in favor of the application and provided
testimony and spoke of the area and zoning of R-1. Mr. Schultz presented
three exhibits. PZ-1001 big board map of subdivision, PZ-1 D02 big board
map / color coded map of subdivision showing lot sizes and PZ-1003
subdivision map identifying the northern park. Mr. Schultz` talked about
the open space, the Dixie Drain, pathways and intercorinectivity. Mr.
Schultz stated his concern of the rninimum lot size and stated they will do
7000 sq ft average lot sizes. He also stated there will be a jood mix and
density of lot sizes. Mr. Schultz confirmed the withdrawal of the variance
� for the dead end street.
c. Mr. Mapp suggested they widen the northern common area by taking two
lots to the east and two lots to the west to make a small park. Mr. Mapp
stated with the one southern park they have in the plan people would
need to go almost eight blocks to access the park.
d. Mr. Schultz stated they have been tossing around the idea of a second
park.
e. Mr. Mapp asked staff what are the things they are looking at in the
development agreement?
f. Ms. Skinner stated they will specify the landscaping, fencing, pathways
and the park.
g. Scott Stanfield, applicant's representative, signed in favor of the
application and gave testimony on the engineering part of this
development. Mr. Stanfield stated there are no issues with engineering
and they concur with the engineering staff report and will comply with
Pioneer Irrigation requirements.
h. Mr. Mapp told Mr. Stanfield he would like an easement between lots 9
and 11, block 8. �
i. Mr. Mapp, asked Mr. Schultz to return for questions.
j. Mr. Mapp, stated his concern to Mr. Schultz for the very limited variety of
lot sizes.
k. Mr. Mapp and Mr. Schultz had discussion regarding lot sizes.
I. Mr. Mapp asked Mr. Schultz why two maps were submitted as exhibits.
m. Mr. Schultz answered one map has color coding to show the difference
for lot sizes.
• n. �11r. Manp read into record. from the staff report, the lots and �percentages.
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• Public testimony ciosed — Mr. Mapp closed public testimony.
Comprehensive Plan Analysis: Mr. Mapp found, that the request was applicable
to the Comprehensive Plan components listed� i.n� Sections 5.1 through 5.11.1 in
the staff report. ' �`
Findings of Fact on Annexation ANN-155-07: The Hearing Examiner
accepted the general facts as outlined in the staff report, public festimony, and
the evidence list as a part of the Findings.
Conclusions of Law for Annexation ANN-155-07: The Hearing Examiner
accepted the Conclusions of Law as outlined in the staff report.
Findings of Fact on Preliminary Plat SUB=175P-07 The Hearing Examiner
accepted the general facts as outlined in the, report, public testimony, and
the evidence list as a part of the Findings. ''��' ��
Conclusions of Law for Preliminary Plat SUB-175P-07: The Hearing
Examiner accepted the Conclusions of Law as ouflined in the staff report.
Findings of Fact on Variance VAR-31-07: 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 for Varience VAR-31-07�: The Hearing Examiner accepted
� the Conclusions of Law as outlined in the staff��report with the following condition:
Lots to the east and lots to the west will become part of the northern park. �
Order of Decision: The Hearing Examiner recommended that Case Number
ANN-155-07 be approved with the following conditions:
■ Zoning designation of R-1
■ Development Agreement
Order of Decision: The Hearing Examiner recommended that Case Number
SUB-175P-07 be approved with the following conditions:
■ 11.2 through 11.32 ',, ,
■ 11.33 with the following: the 'p�thway identified between Lot 9
and 11 of Block 8 will be identified as an easement not a
pathway lot. �
■ 11.34 Council to look at the variety of lot sizes because 88.9% of
Lots are size 6,999 sq ft or less.
■ 11.35 lot 7, 9, 18, 19 of Block 6 shall be added to the common
lot which is Lot 8 to form a park in the north section of the ,
development.
Order of Decision: The Hearing Examiner recommended that Case Number
VAR-31-07 be approved with the following conclitions:
■ See 11.35 above
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. D. Case Number ANN-157-07, SUB-177P-07 is a request by Vision Land
Management, Dixie Properties, LLC and Landmark Engineering an:d Planning for
the annexation of 29.70 acres of land into the city with R-1 (Single-Family
Residential) zoning, a development agreement listing the terms and conditions of
the land use zone classification approval and preliminary plat approval for Spruce
Crossing Subdivision consisting of 37.95 acres of land with 100 residential lots,
one school site and 12 common lots. The site., is located between 10 Avenue
and Washington Avenue with Spruce Street rurjning through the property.
Testimony:
a. Mr. Mapp asked staff to verify amount of land being annexed into the City
of Caldwell.
b. Anne Marie Skinner answered Mr. Mapp's question. 29.70 acres are being
annexed but the total land for the subdivision is 37.95 acres.
c. Anne Marie Skinner, Senior Planner, presented the staff report and
submitted exhibit PZ-1000 a, rev,ise�.,. �staff report correcting a few
mistakes. Items have been highlighted t�hat were corrected. On Page 1
the acres were transposed. Should be 37.95 acres not 39.75 acres and
Engineering had a change on Item # 3 page 6 under Streets. Also per the
applicant items 11.24, 11.25 and 11.32 were modified and the portion that
is italicized was added per the applicant.
d. Lenny Riccio, Applicant's Representative, signed in favor of the
application and submitted exhibits PZ-1001 photo of site, PZ-1002 Plat,
PZ-1003 board of the plat, PZ-1004 vicinity map and provided testimony.
• Mr. Riccio acknowledged they received the staff report on Friday and
acknowledged staffs comments today over the phone but have not
addressed the comments related to engineering because Brent Orton is
in Hawaii. They will address those stafements outside of thi� commission
with Brent Orton to get those items resolved. Mr. Riccio spoke of why this
subdivision is good for the City and community and gave an overview of
the Subdivision. Mr. Riccio stated they are working with the Caldwell
School District closely and there will be a possible proposal for an
Elementary School but the use is still to be determined.
e. Mr. Mapp asked Mr. Riccio if the district has already identified this as a
school site?
f. Mr. Riccio replied to Mr. Mapp that the district has identified this as a
potential school site but the use is still yefi;to be determined. It will either
be an Elementary school site or ' a park but the use is still to be
determined.
g. Mr. Mapp asked Mr. Riccio to confirm the City of Caldwell has expressed
that they would put a park here if the school does not go in that location.
h. Mr. Riccio responded he does not have that answer.
i. Mr. Mapp stated this site cannot become more development as there is
no open space except a small area and if it becomes a school site or park
site there will be no need for more open space.
j. Mr. Mapp wants written into the record that this site is for either a school
or a park. �
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� k. Mr. Mapp and Mr. Riccio discussed the` and the direct access to
the school by way of a Boulevard that will be put in place. No direct
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access will be granted to any of the su�bdivision residential� lots from this
• Boulevard.
I. Mr. Mapp questioned the variety of lot sizes with 76% of the lots being
between 6,000 sq ft to 7,999 sq ft and 14% of the lots being between
8,000 sq ft and 8,999 sq ft and 9% of the lots being between 9,000 sq ft
and 10,999 and if there is anything they can do to provide some
additional variety.
m. Mr. Riccio replied there are a variety of lot sizes in this development and
they have done the best they could ,with,the site constraints.
n. Mr. Mapp asked if open space is being ��utilized along the canal.
o. Mr. Riccio replied if the school site is built it will be an amenity to the
subdivision as well as open space.
p. Mr. Mapp asked if it does not become a school site will the site be
donated to the City.
q. Mr. Riccio stated it is his understanding that there is a transfer of rights
but cannot speak anymore on this because he does not know.
r. Mr. Mapp confirmed with Mr. Riccio the schoot currently owns this site
and Mr. Riccio confirmed yes the school owns this site. "'
s. Clint Boyle, Applicant's Representative,; signed in favor and �stated he had
a couple of points he wanted to poin�'�;r,out: Traffic Impact Fees in the
development agreement there is a farmula for contributions towards
signalized intersections based on the number of lots and the developer is
aware of this provision and there will be a prorated portion of money
going to the City to facilitate signalized intersections. Mr: Boyle stated ,
• there is a federally funded project for the pathway along the Dixie Drain.
This is part of a master plan effort with the City. There is a park and a '
Boulevard feature in the school site and plenty of open space.
t. Tory Garcia, Applicant's Representative for Vision Land Management,
signed in favor of the application and gave a brief history of Vision First.
Mr. Garcia stated Vision First is a local company that has been here for
10 years and have a number of projecfs'throughout the valley as well as
in Washington, Oregon and Nevada. The company takes the time to take
into consideration how relationships are built with every neighbor and are '
looking for approval of this project. '
u. Roger Quarles, Superintendent of the Caldwell School District, signed in ,
favor of the application. Mr. Quarles stated they are in favor:of this project !
but the official designation as a future school site has not happened ,
through a board of trustee meeting. Mr. Quarles stated 'per the prior '
administration to him as he has been the superintendent for`3 weeks, was
in negotiation with the City on the sale of this property to the,City to turn it
into a quiet park but put that negotiation on hold as they';realized they
may need this site for a future Elementary School. Mr. Q'uarles stated
they had been approached by the developer and have been working with
the developer and Mr. Billingsley and looked at the plan and the design
from the developer and it fit well with a potential future school site. Mr.
Quarles stated they have been working with the residences surrounding
the project and around the Dixie Drain. Mr. Quarles testified that if the site
is not designated as a school site that they have given the City their full
� commitment that they will sell that land to the City for a future quiet park.
v. Jonathan Ball signed in favor of the application and stated he has no
� objections to the project but has a co�c�rn regarding access and being
land locked and would like a T for sewe�''purpose put in at the time of the
development.
w. Mr. Mapp asked Mr. Ball to speak with the applicant's representative
regarding these issues.
x. Richard Bicknell signed in favor of the application and submitted exhibit
PZ-1005 picture. Mr. Bicknell stated he would like a 6' privacy fence.
y. Mr. Mapp asked Mr. Bicknell to speak with the applicant's representative
regarding the fence.
z. Jim Mashbourn signed in favor of the application and testi�ied he is with
L&M Associates the original owner of the property who sold to the
development company and is aware of the concerns regarding the
property values that surround the project and how it will affect them.
They feel it will assist the properly value of homes in the area and will
not harm the property values.
aa. Janice Landry sign in favor of the application and stated her concerns of
Alder Road being extended and about her irrigation.
bb. Mr. Mapp told Ms. Landry to speak with the applicant's representative
regarding these issues.
cc. Mr. Mapp told Mr. Boyle he has 3 people he needs to speak with.
dd. Mr. Boyle gave his rebuttal on landscaping and fencing and stated yes the
developer will install a 6' privacy fence� landscaping along Montana
and will put that on the record. Mr. Boyle stated the developers have
• made a commitment that they will meet with Mr. Bicknell and the
neighbors regarding fencing. The developer will meet with Mr. Ball
regarding access and Ms. Landry regarding Alder Road.
Public testimony closed — 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 5.2 in the
staff report. .
Findings of Fact on Annexation ANN-157-07: 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 on Annexation ANN-157-07: The Hearing Examiner
accepted the Conclusions of Law as outlined in the staff report.
Findings of Fact Preliminary Plat SUB-177P-07:: 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 Preliminary Plat SUB-177P-07: The Hearing Examiner
accepted the Conclusions of Law as outlined in the staff report.
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. Order of Decision: The Hearing Examiner recommended that Case Number
ANN-157-07 be approved with the following condilions:
• Zoning designation of R-1.
• Development Agreement
Order of Decision: The Hearing Examiner recommended that Case Number
SUB-177P-07 be approved with the following conditions:
� 11.2 through 11.32
• Corrections to staff report by Ms. Skinner PZ-1000
• Variety of lot size to be looked at by Council.
• 12.1 privacy /safety fence to be located along Montana, to be compatible
to the area. Staff to determine the type of material.
• Applicant to work with the school district regarding the site the school
district owns if it will be a school site or a'park site.
V. Planning Issues
VI. Adjournment
The Hearing Examiner adjourned the meeting at approximately 9:25 pm.
• MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME
MAPP, ON �E NOTED BELOW:
� ATTEST:
M:�Je�or-�r p ate
:� r
/t,
Planning and Zoning Director
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