HomeMy WebLinkAbout2015-09-15 HE MINUTES ALDWE LL HEARING EXA I N E MINUTES
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September 15, 2015
I. Call to order— Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public hearing
at 7:04 p.m.
II. Review of Proceedings—Mr.Jerome Mapp outlined the procedures for the public hearing.
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Members Present: Jarom Wagoner(Senior Planner Development Team Leader); April Cabello (Planning
Technician);and Robb MacDonald Donald ( Engineer).
Members Absent: Brian Billingsley (Planning Director).
III, old Business:
A. Mr. Mapp approved the Minutes of the June 9, 2015 meeting as previously signed by
Hearing Examiner Mapp.
IV. New Business:
A. Case Number SUP-15-10: A request by Endearment Center, LL /Ron Sargent for a special
use permit to construct an Assisted Living/Memory Care Center within the -2 (Community
Commercial) Zone. The subject property is located at 1420 E. Ustick Road in Caldwell, Idaho.
Testimony:
1, Jaronn Wagoner.. Senior Planner/Development Team Leader, 621 Cleveland
Blvd., Caldwell, ID 83605, presented the staff report and stated that the
applicant is requesting special use permit approval to construct a 60 unit
assisted living/memory care center within the -2 (Community Commer ial
Zoning District.
2. Mr. wagoner stated that the applicant is proposing to construct ar public
roadway off of Ustick Road running north south to which they will take their
access from rather than Ustick I oadt
Mr. Wagoner further stated after reviewing the comprehensive plan analysis
staff has found the request to be in compliance with the comprehensive plan, it
is commercial in nature and it is a much needed facility for this area.
4. Mr. wagoner explained that there a number of improvements as conditions of
approval that staff is recommending. Dedication of right-of-way for Ustick
Road, landscaping, dedicate and construction of the proposed public street Lisa
Lane off of Ustick.Road running to the south along with landscaping the buffers
along the new public roadway and the parking in lot and a pathway.
5. Mr. Mapp asked about the no direct access and confirmed that access would
be off of Lisa Lane instead of Jstil .
6. Mr.wagoner confirmed.
7. Mr. Mapp wondered about the two proposed RV spaces short terra visitors
notated on the application and wondered if it is a special use that also needs to
be approved this evening.
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8. Mr. Wagoner responded that staff thought the RV parking spots was a good
idea. It is not a RV Park the spaces are to be used by the people corning to Visit
the elderly person for a temporary tine. It is an ancillary use to the assisted
living facility not to be rented out to the general public but rather to allow for
those that need to come for a week or two weeks to Visit a patient/resident.
9. Mr. T app wondered about condition 8.8 and the pathway.
10. Mr. Mapp stated that he will identify 2.6 landscaping, 2.7 parking, 2.8 RV
paring as conditions as written.
11. Jay walker, applicant representative, 971 E. Winding Creek Drive, Eagle, ID
signed in favor of the application and gage supporting testimony.
12. Mr. Walker stated that they are in agreement with the staff report and what
Jarom wagoner presented tonight. The applicant is looking forward to working
with the City on the pathway and pressurized irrigation system.
13. Mr. Walker further explained that this will be a 46,000 sq ft single level, 60 unit
facility with the maximum capacity of 65-70. It is very needed in this area of
Caldwell
M R. I IAPP CLOSED THE PU BLIC T ST1 M ONY1
Comprehensive Plan Analysis for SLAP-15-10 (Special Lase): The Dearing Examiner accepted the
comprehensive plan analysis as listed in the staff report.
Findings of Fact for SLAP-15-1 (Special Lase):The Hearing Examiner accepted the general facts as
outlined ire the staff report, public testimony, and the evidence list.
Conclusions of Law for SUP-15-1 (Special Use): The Hearing Examiner accepted the Conclusions of Law
as outlined in the staff report.
ORDER of DECISION FOR SUP-15-10(Special Use Permit):The Hearing Examiner ORDERED that Case
Number UP-15,10 IS APPROVED with the following modified conditions:
8.2 -8.11 as written
8.12—statement 2.6 of the staff report
8.13—statement 2.7 of the staff report
8.14—statement 2.8 of the staff report
Approval includes the two RV parking spaces
B. Case Number UP-15-11: A request by Lynn Tardy/Cottonwood Mobile Home Park for a
special-use permit to expand an existing mobile home park within the T-ICI (Traditional
Neighborhood) Zone. The subj
ect property is located at 106 E. Galveston Road in Caldwell,
Idaho.
Testimony:
1. Jarorn wagoner, Senior Planner/Development evelopment Team Leader, 621 Cleveland
Blur ., Caldwell, III Ro , presented the staff report and testified that the
applicant is requesting special use permit approval to expand are existing
mobile home park with the T- ! (Traditional Neighborhood) Zoning District. The
applicant is looking to expand the park; there are currently 15 total units on
the site, 4 apartments, 1 house and 10 mobile homes and hopes to add an
additional 7 units on the site.
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2. Mr. Wagoner gave background on the site and explained that the applicant
carne to the office looking to locate a mobile hone manufacture home to the
site and there have been approximately 25-30 mobile homes on this site over
the years. However a number of those were removed more than 12 months
ago and were not replaced and lost the non-conforming status for the hones
that had been removed.After speaking with the applicant it was decided it was
most appropriate to come forward with a special use permit to expand the
mobile hone park but they are not looking to replace all the mobile homes
that were removed due to some of the requirements and conditions that
would be required, Mr. Wagoner stated that he spoke with the Fire Marshall to
ensure if he had any concerns or issues with the location of the buildings and
he did have some concerns. Fire Marshall will require for the new mobiles to
be placed with a minimum of 20ft of separation from the homes themselves
and 1ft of separation if they were to have a detached garage or shop for
safety reasons.
3. Mr. wagoner stated that staff is recommending a number of conditions if this
is approved to help improve the site with curb, gutter, sidewalk, and
landscaping along the streets and to provide a play area for the children,
4. Mr. Mapp wondered about the type of surface to be placed in the tot lot and if
that can be written into the conditions.
5; Cllr. wagoner responded that staff could write the condition 8.14 to be more
specific.
6. Mr. Mapp stated that conditions 8.3—8.12 are a lot of improvements for 7 lots
and would like feedback from the applicant regarding the conditions.
7. Lynn Hardy, applicant., 717 N. Indiana Ave., signed in favor of the application
and gave supporting testimony.
Mr. Hardy stated it was a surprise when he found out that he had lost the legal
nonconforming status on the dozen mobile homes he had moved out of the
site and that he did not understand that but staff seemed pretty optimistic to
re establish some of the spaces. Mr. Tardy spoke to staff about the options and
some of the things that would be required and is a great deal for 7 spaces but it
is something that has needed to happen for a while. Mr. Hardy stated he is
aware it reeds to be cleaned up but he needs some time to figure out what all
the costs will be, Mr. Lardy stated that he believes it is something that he can
get accomplished and has the desire to d . His goal is to beautify the
neighborhood, enhance and rake better living conditions. It is the n d read
into the city and does need to be cleaned up in the neighborhood.
9. Mr. Lardy stated that one of the requirements of paving the alley seemed to
be a little hard.
10. Mr. Hardy spoke about the kids play area and it will be grassy area to dick
balls or throw bells around; a place for the kids to go and play.
11. Mr. Mapp confirmed with the applicant that the condition to pave the ally
seemed to trouble the applicant and the care tapers property will be 1 of the 7
proposed homes.
12. Mr. Lardy confirmed.
13, Tian Harrod, 322 Boise St., Middleton, ID signed in favor of the application but
did not wish to speak.
14, Mr. Mapp asked staff if they had any tinning for the conditions and specifically
8.7 to be completed by.
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15. Mr. Wagoner responded that staff sees some leniency with the alley and that it
could be appropriate to wave that condition, in regards to the other
improvements, curb, gutter and sidewalk is greatly needed. Mr. wagoner
explained to the applicant that there is the LID that the applicant can enter into
in which the city will have the curb; gutter and side walk constructed therefore
lessening the cost for the applicant.The LID would he entered into immediately
but not constructed until next spring of 2016.
16. Mr. Mapp confirmed with Mr. Hardy that he would be signing up for the LID
and all the conditions except for 8.7 would need to be met.
17. Mr. Purdy agreed.
MR. MAPP CLOSED THE PUBLIC TESTIMONY,
Comprehensive Plan Analysis for SUP-15-1 (Special Use): The Hearing Examiner accepted the
comprehensive plan analysis as listed in the staff report,
Findings of Fact for UP-15-11 pe ial_Use :The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony, and the evidence list.
Conclusions of Law for SUP-15-11 (Special lase):The Hearing Examiner accepted the Conclusions of Law
as outlined in the staff report.
ORDER of DECISION FOR UP-15-11 (Special Use Permit): The Nearing Examiner ORDERED that Case
Number SUP-15-11 I5 APPROVED with the following modified conditions:
8.2---8.6 as written
8.7 -deleted
8.8—8.15 as written
C. Case Number ZON-15-05: A request by John Giuliani to rezone 6.34 acres, more or less, from C-
4 (Highway Commercial) to C- (Service Commercial)ial) with a Comprehensive Plan Map Change
from High Density Residential to Commercial and to rezone 8.79 acres, more or less from R-1
(Low Density Residential) to - (High Density Residential). The subject properties are located
on the west side of Florida Avenue, between 1-84 and 5 y rin a Lame.
Testimony:
Jarom wagoner, Senior Planner Development Team Leader, 621 Cleveland Blvd.,
Caldwell, ID 83605, presented the staff report explaining that the applicant is
requesting to rezone totaling appro i
cmately 15 acres, 6.34 acres more or less from r
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C- (Highway Commercial)to C- (Service Commercial) with a Comprehensive Plan
Map Change from High Density Residential to Commercial also being requested is a
rezone of 8.79 acres, more or less from -1 (Low Density Residential) to R- (High
Density Residential).
Mr. wagoner further reviewed the two different segments of this property and the
different zoning that the applicant is requesting and explained that there is no
direct of accommodating access from the freeway. Mr. wagoner further explained
that he did some research to find out when the property was designated as High
Density Residential by the City on the Comprehensive Plan Map and as far back as
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2007 the comprehensive plan was indicated as High Density Residential. Mr.
wagoner stated that this case is simply for the rezone request fro C-4 to C-3 and
R-1 to R- .
Mr. Wagoner stated that staff reviewed the comprehensive plan analysis and the
request is in line with what the City Officials have indicated for this area as for infill
development. Large parcels of this nature that are not developed in residential
areas as well as the high density residential indication on the comprehensive plan
map, there for staff does find it that it is in compliance as indicated in the staff
report with the comprehensive plan as well as the comprehensive plan reap that
has been approved by the City Council of the City of Caldwell. If this is approved
there are conditions of approval ensuring that the site is properly developed and
improved. Florida Avenue and Syringa Lane will need improvement with any future
development that would include the widening of the streets, installation of curb,
gutter and sidewalk,, installation of street landscape buffers along the Florida and
yringa Lane frontage as well as the continuation of the Owyhee Lane through the
site. There is existing right-of-way on the northern portion of what would be
Owyhee Lane.
Mr. wagoner stated that there was one item that needs to be added to the staff
report as a condition of approval which is a landscape buffer along 184 because any
property that abuts a freeway is required to provide a Soft landscape buffer.
Mr. Wagoner also testified that as staff they review the application, comprehensive
plan, comprehensive plan map that has been approved by City Council and that is
why they have recommended approval.
Mr. ilapp stated that he had read through the staff report and all the comments
from the neighbors. One of the question deals with access and from the planning
perspective the streets that are going to be improved are Florida and Syringa and
the applicant will be required to partner with the City to improve the streets only
when it's time to build.
Mr. Wagoner confirmed that was correct and that this is a rezone and again will
not know for certain what gar iII be built but when building does occur at that tine
those requirements will be put in place. M r. Wagoner also address sore of the
concerns in the letters submitted In regards to the access, transportation,
connectivity and a traffic study. City Code requires traffic studies generally when
development is going to equate to 1,000 new car taps or more per day. if at the
time of development when they know for certain what use will go in at this
location, if that use met that degree of number of trips or the Engineering
Department felt it wa s appropriate then it will require a traffic study at that time.
Mr. fl app wondered if at the time of development the applicant would have to
come for any additional approvals such as a special use.
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Mr. Wagoner responded on the northern portion of the site, the R-3 high density
residential if is rezoned to that, high density residential is a permitted use so no
special use would be required for that. On the southern portion of the site within
the C-3 commercial zone if approved, one of the proposed commercial uses would
require ar special use permit so that will most likely need to come back before the
Hearing Examiner but again it is depending on what the applicant decides to do
with the property whether it's an allowed use or a special use.There are a number
of allowed uses in the C-3 zone.
Mr. Mapp reiterated to the audience that he is only recommending approving or
denying the zoning request and the amendment ent to the comprehensive plan and is
not looking at what development the applicant is proposing because that is not
before hire at this time.
Mr. Mapp stated in response to the comments about love income housing and
wanted to make the statement that housing is housing, low income and high
income does not make any difference in regards to what he can d . His
responsibility is on the rezone.The other comments about crime he cannot deal
with on this application.There is a law that was enacted in 1964 which allows
anyone to live anywhere as long as they can afford to lire there. They cannot
discriminate against housing r housing types that come within the city.As far as
irrigation, power and water those agencies that are responsible for each one of
those utilities,they will respond at the time the application for the use they are
proposing. Also the comments about more upscale housing, this is also something
he cannot rule upon either.
Laren Railer, applicant representative,847 Park Centre Way, Nampa, ID,53651
gage supporting testimony and stated that they have two separate areas they are
speaking about and will refer to the northern portion by address which is 460 S.
Florida and the southern portion by its address which is 520 S. Florida.
Mr. Mapp asked that they refer to the top portion as A and the bottom portion as
B.
Mr. Bailey stated he would like to start with the northern top portion A,currently
that area is zoned R-1 and the comp plan designation is for high density residential
which would be more in line with the R-3 zone and so the applicant is asking for
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that change to the R-3 zone. Mr. Bailey stated that they are in agreement with the
staff report and the conditions and explained the reason why this makes sense in
this area is because it is close to the freeway and the Franklin interchange.
Although it's not adjacent to it, it is near that area and is urrently zoned to have
industrial and commercial services and jobs so the applicant feels that high density
makes sense.Also it will help buffer the freeway from some of the other uses along
the freeway and from the residential so it makes a good transition.This would be
classed as an infill project, there are utilities located in S riinga, S. Florida and
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Owyhee Ln. This rezone R-1 to R-3 is the direction put forth in the comprehensive
plan.
Mr. Bailey spoke on the southern parcel R currently zoned C-4 and that the uses in
the CA are more traffic oriented, such as truck stop.They would life to rezone to
C-3 top open up the uses and get away from the more traffic centric uses and have
an opportunity for more local type business.This property is already zoned
commercial but felt it appropriate to do a comp plan amendment from High
Density Residential to C-3. The reasons why C-3 makes sense in this area is one of
the goals is to clean up this property. it is a good Will location,good freeway
,risibility for businesses even though they do not have direct access to the freeway.
Mr. Bailey further explained this development will promote economic
development and job growth within the city limits of Caldwell.
Mr. 11app confirmed with the applicant that they read the staff report and they
agree with the required conditions at the time of development.
Doug Storer, 2620 Hillcrest Lane, signed in opposition of the application and
expressed his concern for the traffic situation that this application gill create. He
sees a n increased traffic problem of a big nature and that it will become a safety
factor and that it will have a negative effect on the neighborhood and is against the
high density residential.
Peter Koehler, X11 Louisiana Aire, signed in opposition of the application and
addressed two separate items and the greatest concern he has is with the
commercial portion having semi's and heavy trucks going through this area. The
other item of concern is the residential area and overcrowding of schools.
Brandi Sno,, 2305 Syringa Lane, signed in opposition of the application and
expressed her concerns about Van Buren School, the increase of traffic on Syri n a
Lane, the upkeep of the roads and safety for her child.
Terri Koehler, 111 Louisiana Ave., signed in opposition of the application and �
expressed her concerns about the high density and stated that a more logical
buffer between the commercial and residential zone would be R-2 or -1. Her main
objection is the high density housing, quality of life and not being consistent with
the eisting neighborhood.
Sharon Willis, 2504 Syringa Lane, signed in opposition of the application expressed 3
her concerns for sewer, water, irrigation and the safety on Syringa Rd.
Robb MacDonald, City Engineer, 621 Cleveland Blvd responded that any existing
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conditions can be addressed and he can meet with her at any time to discuss the }
existing conditions.
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Orval Willis, 2504 Syringa Lane, signed in opposition of the application and
expressed his concerns about the high density residential and violence.Also stated
his concern about the commercial portion and the potential trucking business.
Boger Gordon,, 305 S. Florida Ave., signed in opposition of the application spoke
about and expressed at length his concerns for the density, increase in traffic,
crime and the demographics.
Susan TachI ck, 223 Florida Ave., signed in opposition of the application and
submitted a petition labeled as P -1001. Ms.Tachick stated that she would life a
traffic study and expressed at length her concerns for the srnaII roads, serni truss,
no access to parks, trees being reared and schools. Not a goad place for this
development.
Carol Jones, 2811 Hiii re t Lane, signed in opposition of the application and shared
that she has issues and concerns about the residential and commercial, property
values,street lights and traffic. This is a small senior and young family subdivision
and not the place for this development.
ent.
Lavern King,, 316 22 Ave S, Nampa, signed in neutral of the application and testified
that he agreed with most of the people who spore before and expressed his
concern for the severer.
Mr. Ma pp asked the applicant's representative, Mr. Bailey, if they wanted to give
rebuttal testimony.
Mr. Bailey responded no rebuttal.
Mr. 11app reminded the audience that this is a recommendation tonight and this
application will go to City Council on October 5,, 2015 at 7pm to be approved or
denied.
Mr. Mapp explained to the audience that they cannot contact the City Council
Commission Members or the Mayor; they must gait until the City Council hearing
to give their testimony.
Mr. rlapp explained that this is a difficult decision and explained why there will be
no traffic study a t this time and that he cannot ad d ress the crime goestions and
issues. }
MR, MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis for Z -1 -06 (Rezone): The Hearing Examiner accepted the
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comprehensive plan analysis as listed in the staff report.
Findings of Pact for Z N-1 -0 (Rezone): The Taring Examiner accepted the general facts as
outlined in the staff'report, public testimony, and the evidence list.
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Conclusions of Law for ON-1 -0 (Rezone): The Hearing Examiner accepted the Conclusions of Law
as outlined in the staff report.
RECOMMENDATION FOR ON-15-06 (Rezone)*The Hearing Examiner RECOMMENDED that Case
Number ZON-15-06 BE APPROVED with the charge of R-2 Medium Density Residential not R-3 High
Density Residential and conditions 8.2 through 8.9 as written. Nor. Mapp clarified that the reason for
the recommendation of R-2 was strictly in regards to density.
D, Case Number ON-1 -o : A request by the City of Caldwell Planning & Zoning Department to
rezone 0.21 acres, more or less, from T-N (Traditional Neighborhood) to M-1 (Light Industrial).
The subject property is located at 315 N. 5th Avenue in Caldwell, Idaho.
Testimony:
1. Jarom Wagoner,r, Senior Planner/Development Team Leader, 621 Cleveland
Blvd., Caldwell, ID 83605, presented the staff report and stated that the
applicant is seeping approval for a rezone from T- l (Traditional Neighborhood
to M-1 (Light Industrial).
MR. MAPP CLOSED THE PUBLIC TE TII TONY.
Comprehensive Plan Analysis for ON-1 -0 (Rezone): The Hearing Examiner accepted the
comprehensive e plan analysis as listed in the staff report.
Findings of Fact for ON-1 - (Rezone): The Hearing Examiner accepted the general facts as outlined in
the staff report, public testimony, and the evidence list.
Conclusions of Lair for ON-1 - (Rezone): The Hearing Examiner accepted the Conclusions of Lair as
outlined in the staff report.
RECOMMENDATION FOR -1 -0 (Rezone): The Hearing Examiner RECOMMENDED ME DED that Case
Number ON-15-0 IS APPROVED with conditions:
9.2- 9.7 as written
V. Planning Issues—Done
VI, Adjournment
The Hearing Examiner adjourned the meeting at approximately 9:45 p.rn
MINUTES APPROVED AND SIGNED BY THE HEAPING EXAMINER, M.JEROME M PP, ON THE DATE
NOTED REL
30 ATTEST:
M.Jerome Ma pp Date
Jar m Wagoner, Senior Planner Development Team Leader Date
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For detailed minutes, please request a copy of the digital recording.
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