HomeMy WebLinkAbout2016-01-12 HE MINUTES p
CALDWELL HEARING EXAMINER MINUTES
January 12, 2016
1. Call to Order—Hearing Examiner, Mr.Jerome Mapp,opened the meeting for the public hearing
at 7:07 p.m.
11. Review of Proceedings—Mr.Jerome Mapp outlined the procedures for the public hearing.
Members Present:Jarom Wagoner(Senior Planner/Development Team Leader); Brian Billingsley
(Planning Director);April Cabello (Planning Technician); and Robb MacDonald(City Engineer).
Members Absent: None.
111. old Business:
A. Mr. Mapp approved the Minutes of the November 10,2015 meeting as previously signed by
Hearing Examiner Mapp.
IV. New Business:
A. Case Number ZON-15-09 a request by Caldwell Transportation Department to rezone 7.70
acres, more or less,from R-1 (Low Density Residential)to C-1(Neighborhood Commercial). The
subject properties are located at 3411 S. loth Avenue and 3503 S. loth Avenue in Caldwell, Idaho.
Testimony:
Jarom Wagoner,Senior Planner/Development Team Leader,521 Cleveland Blvd.,Caldwell,
ID 53605, presented the staff report and stated that the applicant is seeking approval for a
rezone from R-1(Low Density Residential)to C-1(Neighborhood Commercial).The subject
property consists of the headquarters of Caldwell Transportation Bus Company. They have
been located at the site for several years and are considered a nonconforming use. The
rezone will bring the site into compliance with current city codes.
Mr.Wagoner further explained staff had met with the applicant Rick Vertrees in regards to
a possible office use on the property,currently is a single family residential home and
would like to convert it to an office.The issue is with the current zone being single family
residential and in order to do the office it would need to be rezoned to C-1, neighborhood
commercial. Mr.Vertrees also agreed to rezone all the parcels to bring all parcels into
compliance with current city codes instead of continuing the use as a non-conforming use.
Staff appreciates the applicant's willingness to bring the property into compliance.
Hearing Examiner Minutes Page 1
Hearing on January 12, 2016
Mr. Wagoner also stated that staff found the application to be in compliance with the g oals
and policies of the Comprehensive Plan and did not find it to be inconsistent with any of
the Comprehensive Plan components.
Rick Vertrees,applicant, 312 Rothbury, Caldwell, ID signed in favor of the application and
gave supporting testimony.
Mr.Vertrees stated they would like to rezone from R-1 which has been operating under a
special use permit since 1992-1993 and change it to C-1 zoning which will fall better in
compliance with everything they do.The changes they are expecting is the property to the
north, which they own has the single family home and the plan is to eventually change the
house into an office building and expand the maintenance facility behind the house.
Mr.Vertrees gave background on Caldwell Transportation and that it has been in operation
for 45 years and actually started in the house that they want to change into an office
building.They parked buses behind that house and also where the Caldwell Transportation
Office currently sits. In 1992 they bought the property to the south and had received the
special use permit to develop the current setup for Caldwell Transportation.
Mr. Mapp asked Mr.Vertrees if they had a neighborhood meeting.
Mr.Vertress responded yes,the meeting was held on December 14,2015.only two
neighbors attended and there were no concerns with the rezoning.
Mr. Mapp wondered about the School District and if they have made any comments.
Mr.Vertress responded that he has personal contact with the School District daily but not
about the rezoning. He assumes they would have no objections as they have been at this
location for years and will not change.
John Clemenger,418 Larkspur Ct.,Caldwell, ID signed in neutral of the application but did
not wish to speak.
Linda Clemenger,418 Larkspur Ct.,Caldwell, ID signed in neutral of the application but did
not wish to speak.
JoAnn Lowe,419 Larkspur Ct.,Caldwell, ID signed in neutral of the application and stated
her concern about what the C-1 zoning will do to the traffic pattern and will Caldwell
Transportation enlarge their bus company.She is concerned the traffic will increase.
Mr.Vertress gave rebuttal testimony and answered Ms. Lowes concerns.
Mr.Vertress stated that they do not expect to change or increase busing,they want to
meet the current city code. Maybe if the school district grows then in 1-2 more years they
might add two buses.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Hearing Examiner Minutes Page 2
Hearing on.January 12,2016
Comprehensive Plan Analysis for ZON-15-09(Rezone):The Hearing Examiner accepted the
comprehensive plan analysis as listed in the staff report.
Findings of Fact for ZON-15-09 (Rezone):The Hearing Examiner accepted the eneral facts as outlined tlined in
the staff report, public testimony, and the evidence list.
Conclusions of Law for ZON-15-09(Rezone):The Hearing Examiner accepted the Conclusions of Law
as
outlined in the staff report.
RECOMMENDATION FOR ZON-15-09(REZONE:The Hearing Examiner RECOMMENDED that Case
Number ZON-15-09 iS APPROVED with conditions:
8.2 -8.5 as written
Mr. Wagoner,Senior Planner stated that that the Agenda would be amended to combine Case Number
ZON-15-08 and SUP-15-17 together.
B. & C.
Case Number ZON-15-08 and SUP-15-17 a request by Spring Ridge Assisted Living/Dale Amick
to rezone approximately 0.48 acres, more or less,from R-1 (Low Density Residential)to R-2
(Medium Density Residential)Zone and for a special-use permit to operate an assisted living
facility with up to 16 residents within the R-2 (Medium Density Residential)Zone. The subject
property is located at 2310 and 2318 Rice Avenue in Caldwell, Idaho.
Testimony:
Jarom Wagoner,Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell,
ID 83605, presented the staff report and stated that the applicant is seeking approval for a
rezone from R-1 (Low Density Residential)to R-2 (Medium Density Residential)to allow for
a Special-Use Permit to expand an existing assisted living facility.The applicant is seeking
special use permit approval to operate an assisted living facility for up to 16 residents
within an R-2 (Medium Density Residential)Zone.
Mr.Wagoner gave background on the subject properties stating they currently comprise 2
single family residences. The residence at 2310 Rice Avenue is currently being used as an
assisted living facility with a maximum occupant load of 10 persons. The applicant wishes
to rezone these properties so as to combine the lots and construct an addition joining the 2
houses and ultimately allow up to 16 residents in the assisted living facility.
Mr.Wagoner stated that staff would recommend reducing the number of required parking
spots from 12 to 10.
Mr. Mapp expressed his concern about the R-2 zone and that is opens up to many options.
Mr. Mapp stated that he feels it should stay R-1 and will need answers. Mr. Mapp also
stated this will need to stay a residential area and look as a residential land use.
Hearing Examiner Minutes Page 3
Hearing on January 12,2016 8
Mr. Wagoner responded that to facility he applicant's r -
Y pp request, R 2 zoning would be
required.
Dale Amick, applicant, 2310 Rice Ave., Caldwell, ID signed in favor of the application pp on and
gave supporting testimony.
Mr.Amick testified that the home at 2310 Rice Avenue was built in 1994 as a care facility
and submitted exhibit PZ-4 Official Certificate of Occupancy. He urchased the facility y in
2010 and his intention was to open up in the back to connect the two properties.The
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previous owners were a church and used it for several things. Per the neighbors the only
issue would be parking.
Mr.Amick further explained the reason why he is doing this is because he has 10 residents
and has had several more people come to him wanting to enroll a family ember but he i
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full and he would like to have more people and help people. He also wants the homes to
look like residential homes.
Mr. Amick further stated that per the Engineering Department backing nto the street is not
of
normal and he disagrees with that comment. He submitted exhibit PZ-5(2 ictures
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pictures of non-conforming uses in the area and is disputing the backing nto the street,.
,
the requirement for a T sidewalk and parking.
Mr. Mapp wondered about the number of staff on duty at one time and the .arkin
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Mr. Amick responded that there are seven employees including him.The schedule is two
12 hour shifts, normally Tarn to 3prn one cook and one care giver, 3pm to 5 p m one care
giver,7 am to 7 pm one care giver and 7pm to Sam one care giver.
Mr. Mapp stated he will not reduce parking space, curb,gutter or sidewalk and asked staff
about the sidewalk.
Robb MacDonald,City Engineer,621 Cleveland Blvd.,gave clarification about needin g the
drive ways and not the parallel parking as the applicant requested.
Mr. MacDonald stated that as a Special Use Permit they felt that sidewalk was appropriate
ro riate
to require because the layout submitted does not show any ADA routes from one building
to the other and assuming someone parks in one driveway and need to get to the other
side because that is where the entrance is. Staff could not identify any pathways or
sidewalks to help facilitate that and felt it was an appropriate request.
Mr. Mapp stated people in walkers and wheelchairs and canes need to have a level
walkway.
Mr.Amick responded he needs a walkway up by the building, in front of the arkin not
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behind the cars.
Mr. MacDonald,City Engineer stated that the parking layout show in the plan is the layout
that is not approved.The city parking and drive way requirements are clear that a driveway
Hearing Examiner Minutes
Page 4
Hearing on January 12,2015
width can only be 40 feet and don't allow continuous arkin
p g along the whole frontage to
back out into the street; it has to be a driveway.The requirement is that a driveway access
has to meet the City Standards which is a minimum of 25 feet wide and maximum
of 45
feet wide and you could have two of those driveways,one at each building.So the e original
layout was not approved but if the applicant wanted to widen each driveway o 4D feet
eet
wide and use those as a typical residential driveway,that would be okay and in that
process the sidewalk would come in along the frontage,the driveways would be updated
to meet ADA accessibility. If the applicant has a different proposal for ADA access through
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the site staff would be willing to entertain that.
Mr. Mapp stated that also brings up that there is no disabled parking space shown on the
plan. If this is considered for approval he will defer the parking,sidewalk and ADA
compliance over to staff to provide a reasonable parking layout.
Mr. Mapp stated that they must comply with the Fire Departments requirements.
Mr.Amick responded that he has city approval on both and have all the requirements that
they are stating in the buildings as it is.
Mr.Amick stated he is aware there are problems with the parking and as long as staff
works with him on the parking,along with having bus access from the ramp. It needs to be
safe and there is a slope all the way down and would like to even the slope out.
Mr. Mapp stated that he will work with staff to come to an agreement on the conditions.
MR.MAPP CLOSED THE PUBLIC TESTIMONY.
Mr. Mapp expressed again his concern about the zoning classification of R-2 bein g a spot
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zone and based upon staffs testimony that there are a number of non conforming uses
within a few blocks of the area.Some have wide driveways,some have duplexes,
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fourplexes and some other uses and so this use is not standing out separately from them
but maybe it is something the city may wish to review in the next year or two about
reclassifying that area to comply to what currently exists. No comments have been
received from the neighbors,they were noticed and there was a neighborhood meeting
and the neighbors must be satisfied because no one came to the hearing and so this is no
longer an issue. However Mr. Mapp stated his only other concern is that the applicant will
have to put in parking spaces that will take up the majority of the landscaping and is hoping
p g p g
staff can work this out so there is some greenery along the front area.This is bein g looked
at as a residential type use.Sidewalks are important,there must be ambulance and
wheelchair access, level surfaces for people using a wheelchair,walker or a cane. Special
Use Approval will be subject to City Council approval of the Rezone.
Comprehensive Plan Analysis for ZON-15-08(Rezone):The Hearing Examiner accepted the
comprehensive plan analysis as listed in the staff report.
Findings of Fact for ZON-15-08 (Rezone):The Hearing Examiner accepted the general facts as outlined in
the staff report, public testimony, and the evidence list.
Hearing Examiner Minutes Page 5
Hearing on January 12,2015
.............
' Conclusions of Law for ZON-15-08 Rezone :The Hearing
� � Examiner accepted the Conclusions of Law as
outlined in the staff report.
RECOMMENDATION FOR ZON-15-08(REZONE):The Hearing Examiner RECCOMME
LADED that Case
Number ZON-15-08 IS APPROVED with conditions:
8.2 -8.5 as written
Comprehensive Plan Analysis for SUP-15-17(Special Use):The Hearin Examiner accepted pied the
comprehensive plan analysis as listed in the staff report.
Findings of Fact for SUP-15-17 (Special Use):The Hearing Examiner en accepted the
p general facts as
outlined in the staff report,public testimony,and the evidence list.
Conclusions of Law for SUP-15-17(Special use):The Hearing Examiner accepted the Conclusions clusions of Law
as outlined in the staff report.
ORDER OF DECISION FOR SUP-15-17(SPECIAL USE):The Hearing Examiner ORDERED h
t at Case Number
SUP-15-17 IS APPROVED with conditions:
8.2 -8.8 as written
D. Case Number SUP-15-16 a request by the City of Caldwell Planning&Zoning Department f
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special-use permit to construct a public dog park within the R-2 (Medium Density Residential)
Zone. The subject property is part of the existing Whittenberger Park located at the intersection
of Chicago Street and Centennial Way in Caldwell, Idaho.
Testimony:
Jarom Wagoner,Senior Planner/Development Team Leader, 621 Cleveland Blvd.,Caldwell
ID 83605, presented the staff report and stated that the applicant is requestin g special ecial use
permit approval to construct a city dog park within the R-2 (Medium Density Residential
Zone.
}
Mr.Wagoner gave background on the subject property and currently is part of
Whittenberger City Park. The park will be reconfigured to provide adequate space for the
dog park.
Brian Billingsley,applicant, City of Caldwell, 621 Cleveland Blvd., Caldwell, ID signed in favor
of the application and gave supporting testimony and a PowerPoint presentation.
Mr. Billingsley reviewed the Dog Park Committee appointed by the City Council in 2015 and
introduced the committee members. The committee decided the location and what the
standards would be for a dog park.The committee reviewed two parks, Rotary Pond Park
Site and Whittenberger Park Site. Whittenberger Park had more Pros than Cons and so the
Hearing Examiner Minutes
Page 6
Hearing on January 12,2016
..........
.........................
Committee unanimously selected Whittenberger Park as its#1 choice for
a dog park.The
City Council endorsed this decision and authorized staff to move forward wi'
th the special
ups permit application.
Mr. Billingsley stated the park has a budget of$48,000.00 to et started in the '
g spring of
2016.The City Dog Park will have normal park hours and will be closed from
11pm to Gam.
Mr. Mapp suggested that staff review the deer issue after about a ear,
Y come back and see
if there anything that needs to be modified or changed.Also the chain link
fence posts are
to be rounded and the chain will not be sticking up.
Mr. Billingsley stated that is condition 8.3 and he agrees with the comments from the Idaho
Department of Fish and Game.
Mr. Mapp shared a couple of ideas for the dog park: water supply/tap for the dogs and
doggie receptacles and bags.
Theresa Hardin,3107 Sunridge Dr.,Caldwell, ID signed in favor of the application
and gave
supporting testimony.
Julie Warwick, 107 S. 13th Ave.,Caldwell, ID signed in favor of the application and d gave
supporting testimony.
Gene Gunderson, 1904 Blaine St.,Caldwell, ID signed in favor of the application and
pp gave
supporting testimony.
Gina Lujack, 2418 Ray Ave., Caldwell, iD signed in neutral of the a pp lication and gave
supporting testimony.
MR.MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis for SUP-15-16(Special Use):The Hearing Examiner accepted ed the
comprehensive plan analysis as listed in the staff report.
Findings of Fact for SUP-15-16(Special Use):The Hearing Examiner acce accepted the
p general facts as
outlined in the staff report, public testimony,and the evidence list.
Conclusions of Law for SUP-15-16 (Special use):The Hearing Examiner accepted the Conclusions p c usrvns of Law
as outlined in the staff report.
ORDER OF DECISION FOR SUP-15-16(SPECIAL USE):The Hearing Examiner ORDERED that Case Number
SUP-15-16 IS APPROVED with conditions:
8.2-8.3 as written
Adding condition 8.4 review after 2 years of completion of the park of an accounts that
t
may have occurred
Hearing Examiner Minutes
Hearing on January 12,2016 Page 7
V. Planning issues—None
VI. Adjournment
The Hearing Examiner adjourned the meeting at approximately 9:10 p.m.
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M.JEROME MAPP,ON THE DATE
NOTED BELOW:
ATTEST:
M.Jerome Map Date
Jarom Wagoner,Senior Planner/Development Team Leader Date
For detailed Minutes, please request a copy of the digital recording.
Hearing Examiner Minutes Page 8
Hearing on January 12,2016