HomeMy WebLinkAbout1-27-2009 HE MINUTES r ,
CALDWELL HEARING EXAMINER
MINUTES !��'�'����€� `
January 27, 2009 +..�� ,�
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I. Call to Order — Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public
hearing at 7:07 p.m.
II. Review of Proceedings — Mr. Jerome Mapp outlined the procedures for the public
hearing.
III. Members Present:, Brian Billingsley (Planning Director), Brent Orton (City Engineer)
and Savan.na Davis (Administrative Secretary)
IV. Old Business:
A. Mr. Mapp approved the Minutes of the November 25, 2008 meeting as signed on
December 4, 2008 by Hearing Examiner Mapp.
V. New Business:
A. Case Number SUB-192PF-OS a request by Steve White for short plat/condo plat
approval of Eldorado Estates Condominiums consisting of eight 4-plexes and 3 duplexes
being converted to 38 condominium dwelling units. The site is located on the north side
of Ustick Road approximately 300 feet west of Montana Avenue.
Testimony:
1. Brian Billingsley, Planning Director, presented the staff report and
submitted an aerial map labeled as exhibit PZ-1000.
2. Mr. Mapp asked Mr. Billinsgley if there is a cross access agreement.
3. Mr. Billingsley stated that there is a cross access agreement with the
preliminary plat that connects the two north-south streets.
4. Steve White, applicant, provided supporting testimony and submitted an
address numbering plat map that was labeled as e�thibit PZ-1001 and pictures
of the existing condos that was labeled as exhibit PZ-1002. Mr. White stated
that the reason for condominiumizing these units is because of the softening
of the housing market.
5. Mr. Mapp asked if the entire development is under a home owners
association.
6. Mr. White stated that the development is controlled by a home owners
association.
7. Mr. Mapp asked if the other units will be rentals.
8. Mr. White explained that the condominiumizing of the development will
happen in 3 phases, this being phase 1. Mr. White also stated that the 2 other
owners are not prepared at this time to come up with the fmancial
contribution to condominiumize the remaining units.
9. Brian Billingsley stated that there is a cross access easement south of lots 13,
12 and 11 connecting Idaho Ave. to Washington Ave. and on the south side
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that runs from Idaho Ave. to an out parcel.
Hearing Examiner Minutes Page 1 of 7
Meeting on January 27, 2009
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10. Mr. Mapp pointed out that lots 8, 9, and 10 would also need a cross access
easement.
11. Mr. Billingsley stated that those lots use the same cross access easement.
12. Mr. Mapp asked about lots 5, 6& 7.
13. Mr. Billingsley stated that they use the southerly cross access easement.
14. Mr. Mapp pointed out that there is no cross access easement for lots 2, 3, &
4.
15. Mr. Billingsley stated that there needs to be a cross access easement added to
that area.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as
listed.
Findings of Fact for SUB-192PF-OS: The Hearing Examincr aceepted tlie general facts as
outlined in the staff report, public testimony, and the evidence and exhibits list as presented.
Conclusions of Law for SUB-192PF-08: The Hearing Examiner accepted the Conclusions of
Law as outlined in the staff report
Recommendation:: The Hearing Examiner recommended that Case Number SUB-192PF-08
be approved with conditions as outlined in the staff rcport with the addition of the following
conditions:
• 8.1 through 8.7
• Adding 8.8- the applicant shall provide cross access agreement for
properties located on block l, lots 2, 3, & 4.
VI. Old Business:
A. (cont. from 11/25/08) Case Number SUB-196P-08 a request by JRL Properties LP and
Bailey Engineers for prelixninary plat approval of Crown Point Subdivision consisting of
21 buildable lots and one non-buildable lot in a C-4 Interchange/Freeway Commercial
zone. 'The site is addressed as 3912 Hwy 20-26 and is loeated at the southeast corner of
Highway 20-26 and Aviation Way.
Testimony:
1. Brian Billingsley, Planning Director, presented the staff report and
submitted an aerial map labeled as exhibit PZ-1000 and PZ-1001 a letter of
opposition to the engineering department's requirements.
2. Brent Orton, City Engineer, stated corrections to the traffic study for the
record. Mr. Orton also stated that the first sentence in item number 2 on page
6 of 16 in the staff report needs to be changed to read "The Crown Point
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then change the percentage of signalization that the applicant is responsible
for from 141% to 137%. The engineering department will make the
Hearing Examiner Minutes Page 2 of 7
Meeting on January 27, 2009
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appropriate corrections to the staff report. Mr. Orton stated that it may be
necessary to add the following requirements :
• As existing right-of-way allows to make improvements on HWY
20/26 in front of the Flying J.
� Access points are contingent on the approval of the modifications to
the City's current ordinance.
• The access points may require some right-turn drops in addition to
the width that is recommended by staff.
3. Mr. Mapp stated that the applicant submitted a letter (PZ-1001) and Mr.
Mapp asked Mr. Orton to spell out which of the items listed on the letter that
Mr. Orton agreed to modify as requested.
4. Mr. Orton stated that the required conditions are part of Caldwell City Code
and cannot be modified. Mr. Orton then explained that when it comes to ciry
vs. state ordinances the more strict regulations apply.
5. Kent Brown signed in as the applicant's representative, provided supporting
testimony and submitted a large preliminary plat as e�ibit PZ-1002.
6. The applicant is requesting the following conditions from the staff be
modified:
• Page 3, General, item number 3- should call out the specific streets
that the City is asking for as being dedicated to the City of Caldwell.
7. Mr. Mapp clarified that the public streets that are involved are Aviation
Way, Skyway Drive & Hwy 20/26.
• Page 3, General, item number 4— Mr. Mapp suggested the following
statement be added to the end of the existing statement "construct to
City of Caldwell specifications or to State specifications."
• Page 5, Rights-of-Way, item number 1- Delete
� Page 5, Rights-of-Way, item number 5- Mr. Mapp suggested that it
should read "...all rights-of-way, as defined above in item numbers 1-
4, are to be dedicated to the public."
• Page 5, Street, item 1- Mr. Orton suggested the statement "or as
permitted by ITD" be added to the end of the first sentence.
• Page 6, Street, item 5- Mr. Orton suggested that it read "Approaches
shall comply to City's intersection and driveway spacing
requirements in code."
• Page 6, Traffic Mitigation, item 2- Mr. Brown asked that a dollar
amount be put in place with the 137% that the applicant/ owner
would be responsible for.
8. Mr. Mapp asked Mr. Orton if he knew what the dollar amount would be.
9. Brent Orton stated that the estimated cost of the average intersection is
approximately $425,000.00.
10. The following changes shall be made:
• Page 7, Traffic Mitigation, item 3- Mr. Billinsgley suggested changing
the wording to read "...The more restrictive of coincident or
conflicting requirements shall apply..." Mr. Mapp stated that Mr.
Orton is to provide language for this item. Language is as follows:
"The owner/developer/applicant shall keep the City informed of and
comply with any additional requirements Idaho Transportation
Department ahs the final authority to impose. Requirements of ITD
shall be met independent of requirements of the City. ITD standards
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be followed for roadway width and traffic mitigation."
Hearing Examiner Minutes Page 3 of 7
Meeting on January 27, 2009
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• Page 7, Traffic Mitigation, item 4- Mr. Brown stated that it sounds
repetitive. So Mr. Orton suggested that item 4 be moved to page 5,
Street, item l.
• Page 15, Condition 8.7- Mr. Brown stated that he would like the
streets to be called out as the public right-of-way adjacent to the
subject property.
11. Dave Szplett signed in favor of the application and stated that he agreed with
Mr. Brown's testimony and stated that he still respectfully disagrees with the
right-of-way costs for the intersection enhancement at Aviation Wy. & HWY
20/26 because of the amount of traffic that is being produced from the
surrounding subdivisions.
12. Kevin Amar signed in favor of the application and requested that the
applicant follow ITD's regulations & code because no agreements have been
made between ITD and the City of Caldwell regarding who has control over
Hwy 20/26 so ITD is still Hwy 20/26's current governing body.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as
listed.
Findings of Fact for SUB-196P-08: The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony, and the evidence list as presented.
Conclusions of Law for SUB-196P-08: The Hearing Examiner accepted the Conclusions of
Law as outlined in the staff report.
Recommendation: The Hearing Examiner recommended that Case Number SUB-196P-OS
be approved with conditions as outlined in the staff report with the following changes:
• 8.12 through 8.13 as written
• 8.7 modified- after public right of way add Aviation Way, Skyway
and Hwy 20/26.
• The following items be changed to read as follows: Item 3 under
TrafFic Mitigation on Page 7: The owner/developer/applicant shall
keep the City informed of and comply with any additional
requirements Idaho Transportation Department has the final
authority to impose. Requirements of ITD shall be met independent
of requirements of the City. ITD standards shall be followed for
roadway section depth. City requirements shall be followed for
roadway width and traffic mitigation.
• Item 1 under Street on Page 5 stays the same, but with the addition of
the following: "To the greatest extent reasonable, applicant sha11
coordinate these improvements with adjaeent development to ensure
simultaneous improvement of US 20/26 frontage and to maximize
efficiency.
Hearing Examiner Mi�utes Page 4 of 7
Meeting on January 27, 2009
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VII. New Business:
A. Case Number SUB/PUD-198P-08 & ZON-64-OS a request by Landmark
Engineering and Planning, Projects West Inc., and L209-1 ID Houston LLC for
preliminary plat/planned unit development approval of Golden View Subdivision
consisting of 377 residential lots, 80 commercial lots and 25 common lots; a rezone
of 37.65 acres from R-1 Low Density Residential to C-2 Community Commercial; a
comprehensive plan map amendment from Low Density Residential to Commercial;
and, a development agreement. T'he site is located at the southwest corner of Marble
Front Road and KCID Road.
Testimony:
1. Brian Billingsley, Planning Director, presented the staff report and submitted
an aerial photo labeled as PZ-1000 and requested that condition number
12.32 be deleted from the staff report.
2. Mr. Mapp expressed his concern for the request for part of the streets to be
gated.
3. Clint Boyle, applicant's representative, signed in favor of the application and
provided supporting testimony explaining that this would be a great place for
this development with the prospect of the hospital being next to the subject
property. Mr. Boyle also explained that the Vision Charter School is looking
to develop the northern existing parcel of 9 acres. Mr. Boyle emphasized on
the possibility of having the gated portion of the project be senior living. Mr.
Boyle also stated that there is an existing building permit allowed on the site
that the Vision Charter School would like to use prior to final plat approval
of the remainder of the development.
4. Mr. Mapp asked Mr. Boyle where the access to the property would be.
S. Mr. Boyle stated that the access to the school would be off of Marble Front
Rd.
6. Mr. Mapp asked whether the green area on the plan is going to be a park or a
golf course.
7. Mr. Boyle stated that the applicant's envision a golf course but if they are not
financially able to do that it would then be a park.
8. Mr. Mapp stated that he would like to see a park by phase 12.
9. Kirby Clendenon signed in neutral to the application and stated his concerns
for his irrigation water rights being preserved.
10. Laura Knothe signed in favor of the application and provided supporting
testimony stating that Vision Charter School is very excited about the
prospect of having this site for their school.
I l. Jed Wyatt signed in favor of the application stated that he agreed with
everything Mr. Boyle had stated.
12. John Carpenter signed in favor of the application, provided supporting
testimony and answered Mr. Clendenon's concerns regarding his water rights
being preserved. Mr. Carpenter stated that the applicant's intent is to pipe the
existing cement ditch that supplies Mr. Clendenon's water.
13. Paul Edminster signed in favor of the application and provided supporting
testimony.
14. Dennis Pray signed in opposition to the application and provided testimony
regarding his concerns about the development of new residential properties,
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portion of the subject property and how it's going to be developed.
Hearing Examiner Minutes Page 5 of 7
Meeting on January 27, 2009
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15. Clint Boyle, applicant's representative, rebutted explaining that the phasing
of the development is very well thought out and conservative because of the
condition of the market.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as
listed.
Findings of Fact for ZON-64-OS: The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony, and the evidcnce Iist as presented.
Conclusions of Law for ZON-64-08: The Hearing Examiner accepted the Coi7clusions of
Law as outlined in the staff report.
Recammendation: The Hearing Examiner recommended that Case Number ZON-64-08 be
approved with conditions as outlined in the staff report.
Findings of Fact for SUBPUD-198P-08: The Hearing Examiner accepted the general facts
as outlined in t11e staff report, public testimony, and the evidence list as presented.
Conclusions of Law for SUBPUD-198P-08: The Hearing Examiner accepted the
Conclusions of Law as outlined in the staff report.
Recommendation: The Hearing Examiner recommended that Case Number SUBPUD-
198P-08 be approved with the follawing conditions:
• 12.1 through 12.32 as written
• 12.22- add that the gated community be allowed only on the one
street, unless a life safety issue is revealed, as recommended by the
Fire Department.
• 12.32- grass shall be in the main park by phase 12.
� 12.33- cross access agreements shall be prepared as needed for the
commercial portion of the development.
VII. Planning Issues —
• Brian Billingsley stated that the 2009 hearing schedule has been
amended and the Hearing Examiner will only have meetings every
other month. The next hearing will be March 10, 2009.
VIIL Adjournmeut
Tlie Hearing Examiner adjouriled the meeting at approximately 10:15 p.m.
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MAPP, ON THE DATE NOTED BELOW:
Hearing Examiner Minutes Page 6 of 7
Meeting on January 27, 2009
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� �` � � � ATTEST:
M. Jerome Ma . Date
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Brian Billingsley, Planning Director Date
Hearing Examiner Minutes Page 7 of 7
Meeting on January 27, 2009