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HomeMy WebLinkAbout05 Hearing Examiner PLANNING AND ZONING 1-1-ea r, 6ca nu„Q, ITEM DATE SUBMITTED BY ?2_- l epm,milA c- te r, 1- 3 -0,2.. 21._kdt.n . ;k_k_A;\k.c>4-b Pa- 3 ©,,,A,,, 1 - R-02_ I•kw - -,k),VrY2-e-Otallap PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: /—/ er`I /14.1 Sii 1 urt 0 70 STREET ADDRESS: lz v7 i, , /91-4 t L CITY/STATEJZ!P: c z V3 6u NAME OF CASE BRING HEARD: CA-SF it/O. 2oN -< - O/ a '-/+4 -0/ *********AkAAA***:t**7c:t.t k A***lc*k.***.. W************************ *I tAAA A*****:4*:****k AA k****:t:t* Check the appropriate line: Applicant or Representative ✓ 7 Neutral/ wish to speak do not wish to speak In favor/ I Opposed/ wish to speak ✓ l wish to speak do not wish to speak l do not wish to speak b'Vritten comments may be attached to this form or you may write them in below. PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: -AVthU Sett4, /1/1-(3+t) STREET ADDRESS: (>0 7 3 ( , CITY/STATE/ZIP: Ca t C? 'r NAME OF CASE BEING HEARD: ICI -.0 4- t '-fig ***********A A A A*A A A.F******************************************A A A AA A k****:Y:t****A*X A A A*****:t* Check the appropriate line: Applicant or Representative I Neutral/ wish to speak I do not wish to speak In favor/ I Opposed/ wish to speak X l wish to speak do not wish to speak I do not wish to speak Written comments may be attached to this form or you may write them in below. SUP-148- 01 &ZON-19-01 SAKIMOTO DENTAL OFFICE BEFORE THE CALDWELL HEARING EXAMINER CITY OF CALDWELL, IDAHO AN APPLICATION BY HERMAN SAKIMOTO TO REZONE A PARCEL OF LAND FROM R-1 TO R-3 AND A REQUEST FOR A SPECIAL USE PERMIT TO CONSTRUCT A DENTAL OFFICE IN AN R-3 ZONE. TABLE OF CONTENTS: I COURSE OF PROCEEDINGS, II GENERAL FACTS, III TESTIMONY, IV APPLICABLE LEGAL STANDARDS, V COMPREHENSIVE PLAN ANALYSIS RELATING TO SUP—148-01 &ZON —19-01 VI FINDINGS OF FACT RELATING TO ZON —19 -01, VII CONCLUSIONS OF LAW RELATING TO ZON-19 -01, VIII FINDINGS OF FACT RELATING TO SUP-148-01 IX CONCLUSIONS OF LAW RELATING TO SUP-148-01 X HEARING EXAMINER'S RECOMMENDATION ON ZON-19-01 XI HEARING EXAMINER'S ORDER OF DECISION ON SUP—148-01 XII OTHER CONDITIONS OF APPROVAL COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of public hearing on application SUP- 148-01 & ZON —19-01 to be held before the Caldwell Hearing Examiner on January 3, 2002. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On December 19, 2001 notice was published in the Idaho-Press Tribune; on December 14, 2001 notice was mailed to all property owners within 300 feet of the project site and to all political subdivisions providing services to the City of Caldwell; and, on December 27, 2001 notice was posted on the site. 1.2 Files and exhibits relative to this application are available for review in the Community Development Department and at all public hearings. II GENERAL FACTS 2.1 APPLICANT: Herman Sakimoto, 1207 S. Kimball Avenue, Caldwell, ID 83605. 2.2 OWNER (S): Elizabeth Winkler 3607 South 10th Avenue—Caldwell, Idaho 83605 2.3 REQUEST: The Applicant is seeking approval to rezone a parcel of land near S. 10th Avenue near Amber Street (also known as 3607 S. 10th Avenue) from R-1(Single-family residential) to R-3 (Multi-family high density) residential zone, and to construct a medical/ professional office building that would be used for orthodontic (dental) purpose. A single-family residence, which the Applicant intends to remove, presently occupies the site. An R-3 zone allows for the placement of a medical office building through the special use permit process. 2.4 LOCATION: 3607 South 10th Avenue. 2.5 LEGAL DESCRIPTION: A part of the North Half of the South Half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 34, Township 4 North, Range 3 West, Boise Meridian, more particularly described as follows: Commencing at the Southwest corner of the Northwest Quarter of the Southwest Quarter; thence North 0°, 12' 30" West 165.08 feet along the West boundary of said Section 34 to the POINT OF BEGINNING; thence continuing North 0°12' 30"West 165.09 feet along the West boundary of said Section 34; thence North 89°25' 45" East 201.00 feet; thence South 0°12' 30" East 165.05 feet; thence South 89°25' 07"West 201.00 feet to the POINT OF BEGINNING. ED 3 2.6 COMPREHENSIVE r—LAN COMPONENTS: 2.6.3 Property Rights: The five checklist criteria set forth by the Attorney General in the "Idaho Regulatory Takings Act Guidelines" was reviewed by planning staff and none of the criteria was answered in the affirmative. The criteria is as follows: 1. Does the regulation or action result in a permanent or temporary physical occupation of the land? No 2. Does the regulation or action require a property owner to dedicate a portion of property or to grant an easement? No 3. Does the regulation deprive the owner of all economically viable uses of the property? No 4. Does the regulation have a significant impact on the landowner's economic interest? No 5. Does the regulation deny a fundamental attribute of ownership? No 2.6.4 School Facilities and Transportation: The Caldwell and Vallivue School Districts were notified of the request through mailing of the public hearing notification on December 14th, 2001. 2.6.5 Land Use: The property is zoned R-1 (Single Family Residential). A medical office building is allowed in an R-3 zone, thus the Applicant intends to rezone the property and acquire a special use permit. 2.6.6 Public Services, Utilities and Facilities, Transportation: In a memo dated December 14, 2001 the Engineering Department provides the following: 1. Any additional impervious area created by modifications to the existing structure and/or grounds must be dealt with in accordance with the City's Storm Water Management Policy. A copy of this policy is available upon request. 2. As part of the building permit—change of use process, the Applicant may be required to pay additional water connection fees, depending on the projected building occupancy. 3. City sewer is available only with significant offsite construction. The applicant may choose to construct a septic system, provided the following conditions are met: A) A septic system permit is obtained from Southwest District Health Department (455-5400). A copy of said permit must be submitted to the City prior to releasing the building permit. B) The applicant enters into a written agreement with the City deferring the costs of constructing a city sewer line to serve his property until a local improvement district is formed to construct such a sewer line. 4. The development shall utilize surface irrigation water for landscape irrigation, not potable water. 5. The Applicant is required to obtain a permit for any sign construction. All signs are required to be out of public rights-of-way. 6. Tenth Avenue (designated as a minor arterial) currently has a one half right-of-way width of 25 feet. A minimum of 33 feet of one-half right-of-way will be required along the Tenth Avenue frontage. Similarly, Amber Street currently has a prescriptive use right-of-way. A minimum of 28 feet of one-half right-of-way will be required along the Amber Street frontage. 7. The applicant will be required to adhere to the City of Caldwell's Infrastructure Improvement Policy governing street improvements, including curbs, gutters, sidewalks, storm drainage facilities, and additional base and asphalt per City standards along both Tenth Avenue and Amber Street frontage. The Applicant should be aware that any utilities and/or structures in the way of said improvements will be required to be relocated at the applicants expense. Similarly, the large tree along the Tenth Avenue frontage may have to be removed to ensure adequate space for the street improvements. 8. The Applicant shall keep all obstructions, including driveway(s), out of the Tenth Avenue and Amber Street vision triangle. A diagram of the vision triangle is available upon request. 2.5.5 Community Design: The Applicant has provided a conceptual site plan that generally conforms to community design standards. 2.5.6 Parking: Section 10-6z-05 of the Caldwell Zoning Ordinance sets Wirth the requirements for medical office parking space. The parking standard requires 1 space for each 350 square feet of floor space but not less than 4 spaces for each doctor or dentist. The Applicant's site plan will need to demonstrate the presence of sufficient onsite parking spaces to meet this parking requirement at time of building permit approval, in the event this application is approved. 2.5.7 Fire and Safety: The CFD supports this proposal. III TESTIMONY 3.1 Steve Hasson, Community Development Director, provided the staff report and stated that the Applicant desires to rezone the parcel located at 3607 South 10th Avenue from R-1(Single-family residential) to R-3 (Multi-family high density). Contingent upon approval of the rezone by City Council, the SUP would allow for a medical office to be built on the site. Mr. Hasson noted that the Applicant would need to provide a revised site plan showing adequate parking for the medical office as per the specifications listed in the City Ordinance (1 space for each 350 sq. feet of floor space). Caldwell Hearing Examiner, Jerome Mapp, inquired as to the availability of City sewer to the site or if the parcel would remain with a septic system. Mr. Mapp also noted the need of change of residential zone determination from R-1 to R-3 on the comprehensive plan map. In response, Mr. Hasson stated that City sewer is not in close proximity to the property. A permit would be needed for the septic system through the Southwest Health District. 3.4 Ben Weymouth, Assistant City Engineer, testified that the present City sewer line is approximately 1320 feet (one-quarter mile) from the site. The Applicant would need to acquire a septic permit. An LID program is available for hook-up cost involving the City sewer. 3.5 Dr. Herman Sakimoto, Applicant, testified in favor and stated that he would be constructing an orthodontic office on the site. The present structure would be replaced with a 3,000 sq. ft. medical office. The parcel is large enough to provide an adequate amount of parking. There would be one office on the site. There are two trees to the front of the parcel that he would like to remove. Dr. Sakimoto remarked that he had contacted several neighbors concerning hooking into the City sewer, however with a $32,000-$40,000 cost estimate, this made hook-up prohibitive. 3.6 Mr. Mapp stated that if this proposal was approved, a condition would be added concerning the destiny of the two trees. Since the trees are mature, it may be possible to trim them rather than have them destroyed. In response, Dr. Sakimoto stated that he would be willing to work with the City Forester. 3.8 Ardyce Sakimoto, Applicant, testified in the favor and stated that she felt that the trees were in poor condition and possibly diseased. IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell 1977 Comprehensive Plan, as amended. 4.2 City of Caldwell Zoning Ordinance No. 1451, as amended. 4.3 Idaho Code, Chapter 65, Local Planning Act V COMPREHENSIVE PLAN ANALYSIS RELATING TO SUP-148-01 & ZON-19-01 - The request meets the following Comprehensive Plan Components: 5.1 Property Rights - GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property rights, adversely impact property values or create unnecessary technical limitations on the use of the property. OBJECTIVE A: To establish a sound basis for land use and environmental regulations through comprehensive planning and adopted policies and ordinances. OBJECTIVE B: To identify potential takings of private property prior to a regulatory or administrative action on specific property. POLICY 1: Require staff to follow the Attorney General's Grdcklist Criteria outlined in the Idaho Regulatory Takings Act Guidelines prior to any proposed regulatory or administrative action on specific property, and to request legal counsel's review if any one of the criteria is answered in the affirmative. Staff reviewed the five criteria outlined in the Takings Act Guidelines and did not answer yes to any of the criteria. 5.3 School Facilities and Transportation - GOAL: To provide the on-going opportunity for school representatives of Caldwell and School Districts to participate in the community planning process. POLICY 1: Include the school districts in the review process when considering land-use proposals. At a minimum, notice of the hearing for each proposal should be provided to the districts and any additional information that the districts might request. The Caldwell and Vallivue School Districts were notified by mailing of the public hearing on December 14, 2001. 5.4 Economic Development— GOAL: To continue to work toward providing the residents of Caldwell with adequate levels of all of the components of economic development, such as housing, business, jobs, schools, recreational opportunities, infrastructure systems, public utilities and facilities, and public services. OBJECTIVE A: To promote a positive working relationship between the City, businesses, and economic development organizations. 5.5 Land Use— GOAL: To establish land-use management policies that protect property rights and the environment, maintain a high quality of life, provide adequate land for all types of development, and adequately buffer non-compatible uses. OBJECTIVES APPLICABLE TO ALL LAND USES: OBJECTIVE A: To guide the growth and development of land uses in such a way that the health, safety, and general welfare of residents will be protected. 5.6 Transportation - GOAL: To provide for the efficient, safe, and cost effective movement of people and goods. OBJECTIVE A: To protect public safety and the environment. 5.7 Community Design — GOAL: Foster growth in a manner than will enhance and improve the visual image of the city. OBJECTIVE A: To promote, encourage and maintain an aesthetically pleasing city. 5.8 Natural Resources— GOAL: Preserve, protect, and enhance the water quality and quantity of the Boise River, Indian Creek and their natural environments. POLICY 1: Prevent the collection and conveyance of untreated stormwater, created by new development, into surface bodies of water by requiring developers to comply with local, state and federal stormwater policies. If approved, the Applicant will be required to meet the standards set forth in the City's Storm Drainage Policy. VI FINDINGS OF FACT ON CASE NO. ZON-19-01 6.1 The general facts 83 outlined in the staff report were accepteu as Findings of Fact, and all public testimony. VII CONCLUSIONS OF LAW ON CASE NO. ZON-19-01 7.1 The Hearing Examiner has the authority to hear this case and to recommend to the Mayor and City Council approval or denial. The public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances. VIII FINDINGS OF FACT ON CASE NO. SUP-148-01 8.1 The general facts as outlined in the staff report were accepted as Findings of Fact, and all public testimony. IX CONCLUSIONS OF LAW ON CASE NO. SUP—148-01 9.1 The Hearing Examiner has the authority to hear this case and to approve or deny it. The public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances. X HEARING EXAMINER'S RECOMMENDATION ON ZON -19-01 10.1 Based on the Findings of Fact and Conclusions of Law, the Hearing Examiner hereby recommends to the Mayor and City Council that Case No. ZON-19-01, a request by the Herman Sakimoto to rezone a parcel of land on S. 10th Avenue near Amber Street (also known as 3607 S. 10th Avenue) from R-1(Single-family residential) to R-3 (Multi-family high density) residential is approved. XI HEARING EXAMINER'S ORDER OF DECISION ON SUP—148-01 11.1 Based on the Findings of Fact and Conclusions of Law, the Hearing Examiner orders that Case No. SUP- 148-01, a request by Herman Sakimoto to construct a medical office building in an R-3 zone is approved with the following a conditions, contingent on the City Council approving the rezone request: 11.2 The specific terms and conditions placed on the Special Use Permit shall run with the land and remain valid upon a change of ownership, or until such time that the Permit(s) may be revoked, become invalid, amended, or replaced with another approved use. 11.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with all conditions placed upon the Special Use Permit. 11.4 No changes in the conditions and terms of the Special Use Permit, as approved, shall be undertaken by the Applicant, or future assigns having an interest in the subject property, until the Community Development Director has reviewed the proposed changes. If the Director determines that the proposed change(s) is significant, an amendment for change shall only be approved through the public hearing process. 11.5 Any violation of the terms and conditions of the Special Use Permit by the Applicant, or future assigns having an interest in the subject property, will be deemed a misdemeanor and subject to the provisions set forth in Idaho Code, 18-113. Each day's continued violation will be deemed a separate offense. 11.6 A building permit shall be obtained prior to any construction on site commencing. The building permit application shall be submitted within one year one from the date of signing the Order of Decision or the Applicant, or future assigns having an interest in the subject property, shall request a six-month extension from the Community Development Director. No further extensions shall be granted unless the Applicant, or future assigns having an interest in the subject property, applies for an amendment requesting approval extension of the special use permit and it is granted following the public hearing process. 11.7 All of the requirements placed on the building permit by the Community Development Director, Building Official, Fire Marshall, City Engineer, City Forester and any other applicable agency having review authority shall be met prior to an occupancy permit being issued. The Applicant shall submit a detailed landscaping plan to the Community Development Director for approval. 11.8 A sign permit is required for any new signs in accordance with the zoning ordinance. 11.9 City sewer is available only with significant offsite construction. The applicant may choose to construct a septic system, provided the following conditions are met: 1) a septic system permit is obtained from Southwest District Health Department (455-5400). A copy of said permit must be submitted to the City prior to releasing the building permit; 2) the Applicant enters into a written agreement with the City deferring the costs of constructing a city sewer line to serve his property until a local improvement district is formed to construct such a sewer line. 11.10 The development shall utilize surface irrigation water for landscape irrigation. 11.11 A minimum of 33 feet of one-half right-of-way will be required along the Tenth Avenue frontage. 11.12 The Applicant will be required to adhere to the City of Caldwell's Infrastructure Improvement Policy governing street improvements, including curbs, gutters, sidewalks, storm drainage facilities, and additional base and asphalt per City standards along both Tenth Avenue and Amber Street frontage. The Applicant should be aware that any utilities and/or structures in the way of said improvements will be required to be relocated at the applicants expense. Similarly, the large tree along the Tenth Avenue frontage may have to be removed to ensure adequate space for the street improvements. No obstructions, including driveway(s), will be allowed in the Tenth Avenue and Amber Street vision triangle. 11.13 The Applicant shall confer with the City Forester regarding the removal of the mature trees located on the property, prior to any excavation activity. CASE NO. SUP-148 -01 WAS HEARD BY CALDWELL HEARING EXAMINER M. JEROME MAPP AT A PUBLIC HEARING HELD ON THURSDAY JANUARY 3, 2002. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE ORDER OF DECISION WAS APPROVED AND SIGNED ON THE DATE NOTED BELOW. --' O. % � .�� ATTEST: M. Jerome Mapp Date I/ i Community Development Director �r. CALDWELL PUBLIC HEARING BEFORE HEARING EXAMINER MINUTES January 3, 2002 Call to Order— Hearing Examiner, M. Jerome Mapp, opened the meeting for the public hearings at 7:00 p.m. and outlined the public hearing procedures. II. Review of Proceedings— Mr. Mapp outlined the public hearing procedures. Members Present: Steve Hasson, Community Development Director, Debbie Geyer and Ben Weymouth (Assistant City Engineer). HI. Hearings A. Case Nos. ZON-19-01 and SUP-148-01 a request by Herman Sakimoto for approval to rezone a part of the North Half of the South Half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 34, Township 4 North, Range 3 West, Boise Meridian from an R-1 (Single Family Residential) to a R-3 (Multi-Family High Density Residential) zone. Additionally, for approval of a special use permit to develop an orthodontic office in an R-3 zone. As a part of the rezone request, the Comprehensive Plan Land Use Map would be amended to designate this parcel as R-3; the amendment would be included in the next available update of the Comprehensive Land Use Map. Testimony: Steve Hasson, Community Development Director, presented the staff report and gave an overview of the request. Ben Weymouth, Assistant City Engineer, testified as staff. Herman Sakimoto, Applicant, testified in favor. NOTE: See Order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Public Testimony Closed— Mr. Mapp closed the testimony. Comprehensive Plan Analysis for ZON-19-01 and SUP-148-01: Mr. Mapp found that the request was applicable to the following Comprehensive Plan components: Property Rights — Goal, Objectives A, B and Policy 1; School Facilities and Transportation — Goal and Policy 1; Economic Development— Goal and Objective A; Land Use — Goal; Objectives Applicable to All Land Uses — Objective A; Transportation — Goal and Objective A; Community Design — Goal and Objective A; Natural Resources—Goal and Policy 1. Findings of Fact for Zon-19-01: Mr. Mapp accepted the general facts outlined in the staff report as well as the facts brought forward during the public testimony. Conclusions of Law for ZON-19-01: Mr. Mapp accepted the Conclusions of Law outlined in the staff report. Recommendation on ZON-19-01: Mr. Mapp recommended approval of ZON-19-01 with the conditions as outlined in the staff report. L'\ IV. Planning issues — Next Hearing Examiner meeting is scheduled for February 7: 2002. V. Adjournment—Mr. Mapp adjourned the meeting at approximately 8:00 p.m. MINUTES ADMINISTRATIVELY APPROVED BY HEARING EXAMINER M. JEROME MAPP ON THE DATE NOTED BELOW. ATTES i==- Li GN eromepp / Commanity 'evelopment Di ctor Date Planning&Zoning Hearing Examiner Minutes--January 3, 2002