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HomeMy WebLinkAbout10-8-2013 HE MINUTESCALDWELL HEARING EXAMINER MINUTES October 8, 2013 I. Call to Order — Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public hearing at 7:10 p.m. II. Review of Proceedings — Mr. Jerome Mapp outlined the procedures for the public hearing. Members Present: Jarom Wagoner (Senior Planner /Development Team Leader); April Cabello (Planning Technician); Brian Billingsley (Planning Director); Robb MacDonald (Assistant City Engineer) Members Absent: None III. Old Business: A. Mr. Mapp approved the Minutes of the September 10, 2013 meeting as previously signed by Hearing Examiner Mapp. IV. New Business: (Staff requested item A be moved to the end of the agenda.) B. Case No. DAA -03 -13 for SUB- OS(P) -13 / ZON -89 -13 a request by Corey Barton, Trilogy Development, and Scott Noriyuki for a development agreement on approximately 19.42 acres of land in conjunction with rezone and preliminary plat approval of Quail Ridge Subdivision Phase 2, located approximately 577 feet north of Karcher Road and approximately 376 east of Montana Avenue. Testimony: I. Jarom Wagoner, Senior Planner /Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report and explained this applicant has gone before the Planning and Zoning Commission in September 2013 for the subdivision and the rezones for the preliminary plat. The Planning and Zoning Commission recommended approval to the City Council. At the City Council meeting it was determined that due to the rezone request that a development agreement would be appropriate. This was to give some assurances to the property owners that the rezone to R -2 is not with the intent to build duplex and triplexes but simply to continue the original development as it began back in 2004. Back in 2004 the R -1 zone allowed for single - family lots of 6,000 sq ft or larger but now the R -1 zone requires 8,000 sq ft lots or larger. The reason for the rezone to R -2 is simply to allow the same lot size as was begun to finish the subdivision. 2. Mr. Wagoner further explained this would be the same for all three cases on tonight's agenda. Mr. Wagoner stated he would go over it now and briefly, touch on the other two cases as need be, this way they do not have to duplicate what is said for each case. Hearing Examiner Minutes Hearing on October 8, 2013 P a g e 11 3. Mr. Wagoner reiterated that the only reason for the rezone was to allow for the smaller lot size. The applicant is more than willing to accept the conditions that a duplex and a triplex necessitate a Special Use Permit as it would in a single- family residential zone. 4. Mr. Wagoner noted that it was brought up by the City Attorney that a development agreement should also be part of the request. The development agreement was not heard originally by the Planning and Zoning and that is why they have come before the Hearing Examiner tonight, to get the recommendation on the development agreements so the applicant can go before City Council at the next scheduled hearing on October 21, 2013. 5. Mr. Wagoner stated that staff agrees with everything in the development agreement and read the most applicable portion of the development agreement. "As a material part of this development agreement, the parties acknowledge that the rezone of the property to R -2 Medium Density Residential is for the sole purpose of lot size adjustments and not for the purpose of constructing, using or engaging any land use associated with R -2 Medium Density Residential Zoning. The applicant intends to construct and allow others to construct single - family residential dwellings on the lots within Quail Ridge Phase 2 Subdivision ". 6. Mr. Wagoner further explained that any permitted uses in the R -2 Medium Density Zone other than a single - family dwelling and open space would be required to obtain a special use permit. 7. Scott Noriyuki, applicant, 6810 Fairhill Pl, Boise, ID 83714, testified in favor of the application and stated he is in concurrence with the staff report and the conditions of the development agreement. Mr. Noriyuki stated he wanted to go on record again and reiterate that this project as well as the next 2 cases, that they are very comfortable with the development agreement restricting the applicant to single- family residential. He further stated that the intent of the rezone and the development agreement is frankly is to complete what they already started and finish the final phases of these 3 projects, from a consistency standpoint of what was originally approved. 8. Mr. Noriyuki further explained the reason they are before the Hearing Examiner tonight is because the economy tanked in 2007 -2008 and through that process, City Code was modified and now that the economy is starting to pick up the applicant would like to complete what they originally started. 9. Mr. Noriyuki further pointed out that they have met current open space standards, which are more stringent than was originally approved with the project. They added usable open space and clarified they are not calculating drainage areas. All open space is genuine open space that children can throw balls and dogs can run around. The applicant feels they are in 100% conformance and agrees with 100% of the conditions and they are happy to provide all the assurances for the City as well as the neighbors that the applicant will do what they say they are going to do. 10. Mr. Mapp stated he appreciates that the drainage areas are not considered as open space. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Hearing Examiner Minutes Hearing on October 8, 2013 P a g e 12 Comprehensive Plan Analysis for DAA -03 -13 for SUB- 05(P) -13 ZON- 89 -13: Mr. Mapp accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for DAA -03 -13 for SUB- 05(P) -13 ZON- 89 -13: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list consisting of the written and verbal staff reports, the case file, PZ -1000 (aerial photo), and the sign -up sheet. All adopted city ordinances, standards, and codes were used in evaluating the application. Conclusions of Law for DAA -03 -13 for SUB- 05(P) -13 ZON- 89 -13: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION: The Hearing Examiner RECOMMENDED that Case Number DAA -03 -13 for SUB- 05(P) -13 ZON -89 -13 BE APPROVED WITH NO ADDITIONAL CONDITIONS. C. Case No. DAA -04 -13 for SUB- 06(P) -13 / ZON -90 -13 a request by Corey Barton, Trilogy Development, and Scott Noriyuki for a development agreement on approximately 17.10 acres of land in conjunction with rezone and preliminary plat approval of Weston Pointe Subdivision No. 5, located approximately 801 feet north of Homedale Road and approximately 1761 feet east of Lake Avenue. Testimony: 1. Jarom Wagoner, Senior Planner /Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, this is the same type of request for the same reasoning to comply with what was original begun with Weston Pointe to allow the same type of lots that were with the original development.. 2. Scott Noriyuki, applicant, 6810 Fairhill PI, Boise, ID 83714, stated the purpose remains the same to complete their original vision for Weston Pointe and the final phase of this project. He wanted to reiterate the expanded open space and amenities that the applicant is bringing forward and substantially exceed what was originally approved. 3. Mr. Mapp asked Mr. Wagoner to show on the aerial where the property is located. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for DAA -04 -13 for SUB- 06(P) -13 ZON- 90 -13: Mr. Mapp accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for DAA -04 -13 for SUB- 06(P) -13 ZON- 90 -13: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list consisting of the written and verbal staff reports, the case file, PZ -1000 (aerial photo), and the sign -up sheet. All adopted city ordinances, standards, and codes were used in evaluating the application. Conclusions of Law for DAA -04 -13 for SUB- 06(P) -13 ZON- 90 -13: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Hearing Examiner Minutes Hearing on October S, 2013 P a n e 13 RECOMMENDATION: The Hearing Examiner RECOMMENDED that Case Number DAA -04 -13 for SUB- 06(P) -13 ZON -40 -13 BE APPROVED WITH NO ADDITIONAL CONDITIONS. A. Case No. DAA -02 -13 for SUB- 04(P) -13 / ZON -88 -13 a request by Corey Barton, Trilogy Development, and Scott Noriyuki for a development agreement on approximately 17.10 acres of land in conjunction with rezone and preliminary plat approval of Aspens Subdivision No. 5, located at the northwest corner of Homedale Road and Florida Avenue. Testimony: 1. Jarom Wagoner, Senior Planner /Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, stated that again this case is the same as the other two that were just heard and the same reasoning's for those cases and for this case. However, he would like to submit two additional exhibits PZ -7 — common area map and PZ -8 -- aerial photo showing a possible roundabout. 2. Mr. Wagoner reviewed with the Hearing Examiner and the audience exhibit PZ- 7, which shows the open space coming into compliance with what is required by today's standards not only by the lot size but also by the new open space standards. Mr. Wagoner pointed out that a substantially sized lot was set aside for open space / community park which shows as lot 44, approximately just over one half of an acre which they would not have had with the Original approval. This enhancement of the development in his opinion is better than what was originally approved. 3. Mr. Wagoner explained exhibit PZ -8, the proposed possible roundabout and what it may look like in the future, if the roundabout is built. This request came from City Council looking into what a roundabout at this location would look like. Mr. Wagoner stated that the aerial photo of the roundabout was provided by Mr. MacDonald from the Engineering Department so he can speak more on the roundabout if needed. 4. Scott Noriyuki, applicant, 6810 Fairhill Pl, Boise, ID 83714, stated he wanted to touch on a couple of items. S. Mr. Noriyuki first stated the applicant is in concurrence with the staff report, conditions and the development agreement as written. He wanted to reiterate that the application meets today's standards from the lot size standpoint but most importantly, they are bringing forward quality open space. This was a unique project where previously they were able to count the irrigation and drainage easement as open space, this portion of the project did not have any genuine usable open space. The applicant has deleted several lots in the new project to create usable open space, it is a positive, and they are proud from the ultimate design standpoint. 6. Mr. Noriyuki further discussed the legitimate concerns about traffic at the major intersections and stated the applicant is conveying 100% of the required right of way on both road frontages. Furthermore, staff and Engineering asked the applicant if they were willing to provided additional right of way for a potential roundabout. The applicant is in concurrence and stated it will not negatively affect the applicant and they are happy to oblige. Hearing Examiner Minutes Hearing on October 8, 2013 P a 4 7. Mr. Noriyuki also discussed the primary access to the subdivision and the concerns about the impact of additional lots from a traffic / livability stand point. Mr. Noriyuki pointed out that the reason why the applicant has not provided any additional access points to the primary roads is to alleviate any cut through traffic and it will give them proper stacking with the intersection. The other concern was trying to slow down traffic and the applicant stated they are willing and prepared to install chokers at each point. There is a section of road that will narrow down with no on street parking, at that point which causes a restriction that naturally slows people down. The applicant has done this in Meridian and Boise with other developments, its attractive and it works but furthermore it's the only option because they cannot put in speed bumps or big deep valleys because that affects the Fire Department and EMS. The applicant is prepared and happy to spend the money to ensure the neighborhood is safe for the children. 8. Mr. Noriyuki further reiterated that the genuine reasoning of the development agreement is to provide the neighbors and the city the assurances that by virtue of going to this zoning designation the applicant is not going to produce any duplex, triplex, fourplex or multifamily, The applicant's only intent is single - family residential. 9. Dave Sellers, 5418 Barkley Way, Caldwell, ID 83607, testified in opposition and thanked the applicant for discussing the traffic situation. Mr. Sellers stated that his concern is not only in the subdivision but also along Florida and Homedale. He stated he does not know if Florida and Homedale are fit to handle the extra traffic. There is no place for bicycles to ride and it is not safe for traffic that is already there. There is no place safe for people to bicycle or walk safely and that is his major concern. 10. Mr. Noriyuki gave rebuttal testimony and stated the applicant realizes the concern about the primary intersection but wants to point out that this project was over all master planned and they are just completing the final phase. In fact, they are slightly decreasing the planned density that was contemplated by the Highway District and the City. The applicant recognizes those warrants and justifications and where they are coming from. All the required responsibilities i.e. increasing the width of the road, providing right of ways for the highway district and most certainly creating connectivity internally via sidewalks for pedestrians and bicyclists have been met. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for DAA -02 -13 for SUB- 04(P) -13 ZON- 88 -13: Mr. Mapp accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for DAA -02 -13 for SUB- 04(P) -13 ZON- 88 -13: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list consisting of the written and verbal staff reports, the case file, PZ -1000 (aerial photo), and the sign -up sheet. All adopted city ordinances, standards, and codes were used in evaluating the application. Conclusions of Law for DAA -02.13 for SUB- 04(P) -13 ZON- 88 -13: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Hearing Examiner Minutes 1 Hearing on October 8, 2013 3 1 RECOMMENDATION: The Hearing Examiner RECOMMENDED that Case Number DAA -02 -13 for SUB- 04(P) -13 ZON -88 -13 BE APPROVED WITH NO ADDITIONAL CONDITIONS. V. Planning Issues —None. VI. Adjournment The Hearing Examiner adjourned the meeting at approximately 7:31 p.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED BELOW: ATTEST: Date Hearing Examiner Minutes Hearing on October 8, 2013 6 Jarom Wagoner, Senior Planner / Development Team Leader