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HomeMy WebLinkAbout2016-03-08 Hearing Examiner Minutes 3-8-2016 CALDWELL HEARING EXAMINER MINUTES March 8, 2016 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. Members Present:Jarom Wagoner(Senior Planner/Development Team Leader); April Cabello (Planning Technician); and Robb MacDonald (City Engineer). Members Absent: Brian Billingsley(Planning Director). III. Old Business: A. Mr. Mapp approved the Minutes of the January 12, 2016 meeting as previously signed by Hearing Examiner Mapp. IV. New Business: A. Case Number ANN-16-01:A request by David Adams to annex 0.49 acres, more or less, with an R-1 (Low Density Residential)zoning designation. The subject property is located at 204 Albert Street 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 requesting to annex approximately 0.49 acres with a R-1 (Low Density Residential) zoning designation.The arlicant wishes to annex into the City so as to utilize city services. The dwelling currently access domestic water through a community well. There have been recent issues regarding contamination with the well. This has led the applicant to request City water services, which requires annexation into the City. Mr. Wagoner stated that one condition is for a deferral agreement for future curb, gutter and sidewalk if it comes to the area. O Mr. Mapp asked staff if the surrounding property owners were on City water. Mr. Wagoner explained it is a mix; all the parcels that annexed into the City have connected to City water.There are a few lots that are on their own wells, not on the community well. Hearing Examiner Minutes Page 1 Hearing on March 8, 2016 1 David Adams, applicant, 12652 Rockledge Lane, Nampa, ID signed in favor of the application and gave supporting testimony. Mr. Adams stated that he is the owner of the subject property and has personally by phone or in person spoken with 25 people within 300 ft of the residence. He felt there will be more residents that might want to be annexed after their conversation. He stated that he is renovating the house and will have a good source of water to be able to sell the house and requests the annexation be approved. MR. MAPF CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ANN-16-01 (David Adams Annexation):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ANN-16-01 (David Adams Annexation):The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for ANN-16-01 (David Adams Annexation): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ANN-16-01 (DAVID ADAMS ANNEXATION): The Hearing Examiner RECOMMENDED that Case Number ANN-16-01 IS APPROVED with conditions: 8.2-8.3 as written B. Case Number ANN-16-02:A request by Claudia 5toica to annex 0.71 acres, more or less,with an R-1 (Low Density Residential)zoning designation. The subject property is located at 16500 Montana Avenue in Caldwell, Idaho Testimony: Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, 1D 83605, stated that the applicant is not present for this case and asked the Hearing Examiner if he wanted to proceed. Mr. Mapp responded no one is present for this case and ok to move forward with the case. Mr. Wagoner stated that the applicant was notified and that the applicant indicated they had no issues with the staff report or the recommended conditions. Mr. Wagoner presented the staff report and stated that the applicant is requesting to annex approximately 0.71 acres with a R-1 (Low Density Residential)zoning designation. The applicant wishes to construct a residential home on the property and is surrounded by residential uses. This was part of a lot split application with the County in 2007 and at that time it was indicated that any future building would required annexation into the city.This Hearing Examiner Minutes Page 2 Hearing on March 8, 2016 will be the first house that will be built and thus the reason for annexation. It is a requirement from the County. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ANN-16-02 (Stoica Annexation): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ANN-16-02 (Stoica Annexation):The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for ANN-16-02 (Stocia Annexation):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ANN-16-02 (STOCIA ANNEXATION): The Hearing Examiner RECCOMMENDED that Case Number ANN-16-02 IS APPROVED with conditions: 8.2-8.7 as written C. Case Number SUP-16-01:A request by State of Idaho Liquor Dispensary/Ross Holloway for a special-use permit to operate a Liquor Store within the C-3 (Service Commercial) Zone. The subject property is located at 4403 E. Ustick Road, in Caldwell, Idaho. Testimony: Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, 1D 83605, presented the staff report and stated that the applicant is requesting special use permit approval to operate a liquor store within a C-3(Service Commercial) zone. Mr.Wagoner gave background on the subject property which was recently developed with a new building constructed within the past year. Mr.Wagoner explained that all site improvements were completed as part of that construction project and also reviewed the surrounding uses and zones. Mr. Wagoner further explained it was his understanding that the applicant plans on closing the existing liquor store approximately 1 mile away and relocating to this site. John Day,applicant representative,3501 N. 32nd St., Boise, ID signed in favor of the application and gave supporting testimony. Mr. Day stated he represents the building owner and the tenant and is requesting approval to open the State Liquor Store. Cindy Tollman, applicant representative, 3404 Fair Oaks Circle, Caldwell, ID signed in favor of the application and gave supporting testimony. Ms.Tallman stated that she manages the liquor store and confirmed they will be closing the liquor store a mile down the road and move to the new location. Hearing Examiner Minutes Page 3 Hearing on March 8, 2016 Nathaniel Tollman, 3404 Fair Oaks Circle,Caldwell, ID signed in favor of the application but did not wish to speak. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for SUP-16-01 (State Special Use):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-16-01 (State Special 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-16-01 (State Special Use):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR SUP-16-01 (STATE SPECIAL USE):The Hearing Examiner ORDERED that Case Number SUP-16-01 IS APPROVED with conditions: 8.2 -8.7 as written D. Case Number ZON-15-07 &ANN-15-06:A request by Betty Adams to rezone 2.37 acres, more or less, from R-1 (Low Density Residential)to M-1 (Light Industrial) for the property located at 4114 Nelson Lane in Caldwell, Idaho (Parcel R32441) and to annex 2.53 acres, more or less,with an M- 1 (Light Industrial) zoning designation for the properties located at 0 Nelson Lane, Caldwell, Idaho (Parcels R32441-011 & R32441-012). CONTINUED TO PUBLIC HEARING ON MARCH 15, 2016. E. Case Number APP-16-01:A request by Lucus Hansen to amend conditions of approval 8.4, 8.5, 8.6,8.11, and 8.15 from the Order of Decision of Case File Number SUP-15-13. The proposed amendments to conditions are in regards to landscaping, fencing, paving, and allowed business activity. The subject property is located at 5202 E. Ustick Road 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 requesting to amend conditions 8.4, 8.5, 8.6, 8.11, and 8.15 of the original approval for SUP-15-13. The proposed amendments are in regards to required landscaping,fencing, paving, and allowed business activity.The subject property was approved for a special-use permit(SUP-15-13) to construct and operate a mini-storage facility within an M-1 (Light Industrial) zone. Mr. Wagoner gave background stating that the applicant was required to install landscaping, pavement, a solid 6-foot tall fence along the freeway frontage, as well as other conditions of approval. The applicant is proposing amendments to those conditions regarding landscape, paving, and fencing requirements, as well as minor changes to the allowable businesses. Hearing Examiner Minutes Page 4 Hearing on March 8, 2016 The following amendments are being proposed by the applicant for SUP-15-13: Condition 8.4 to allow a 20-foot wide buffer along the 1-84 frontage, in lieu of the 30-foot wide buffer originally required. Also allowing for trees of a maximum growing height of no more than 20 feet. Condition 8.6 to be stricken completely. Staff is in favor of striking Condition 8.6. This is due to the fact that staff does not believe it is necessary to provide screening for the proposed use and as the applicant has stated, their proposed buildings should provide sufficient buffering. Condition 8.11 to allow for recycled asphalt pavement(RAP)for all drive aisles. Staff is in favor of this modification. The main concern regarding the paving was to reduce noise and dust forthe neighboring residential property. The recycled asphalt should accomplish both of these, while reducing the amount of non-pervious surface on the property. Additionally, the residentially zoned property is in process of being rezoned to M-1(Light Industrial)zoning. Condition 8.15 to allow for verbiage stating that similar businesses would be allowed (i.e.- uhaul rentals). Staff is in favor of this modification. Typically ancillary uses such as this would be allowed and staff would recommend clarifying the language to ensure that this is well-understood. Staff is in favor of this modification given that there is currently 25 feet of space between the property's fence and the freeway. This additional space, added into the required buffer would equate to nearly 50 feet of area between the edge of the buffer and the roadway of 1-84. Staff is also in favor of allowing Class I trees with a maximum height of 20 feet. Condition 8.5 to allow a 15-foot wide buffer along Ustick Road in lieu of the 25-foot wide buffer originally required. Staff is not in favor of this modification. City code requires the applicant to provide a landscape buffer between the roadway and their property. That buffer width does not typically count the area between the property line and the roadway, even though the property owner is still required to landscape that area. Staff would be in favor of allowing the buffer to be contained completely within that right-of-way area and not on the applicant's property, as shown in the green highlight below. This would allow the property owner to utilize all of his property for his business. The buffer width would be over 25 feet wide, but staff would also recommend allowing the applicant to install a dry buffer, which would include boulders, landscape rock, and trees. The applicant would be required to install 7 boulders,3 trees, landscape rock throughout, and provide extruded curbing around the perimeter. Brian Tullis, applicant representative, 13037 Greenwell Ln, Caldwell, ID signed in favor of the application and gave supporting testimony. Hearing Examiner Minutes Page 5 Hearing on March 8, 2016 Mr. Tullis responded to condition 8.5 stating that they had not considered this before staff's recommendation. If they were required to do a 25ft landscape buffer on the property and you are west bound on I-84 you would not be able to see the landscape buffer. Mr.Tullis further stated what staff has proposed by putting the landscape buffer up on the slope, everyone will be able to see it and it will add beauty to the property. Mr. Tullis stated that they have already removed kosha weeds that were 6ft tall and agrees with staff and it is a great idea and appreciates the recommendation. Mr.Tullis stated that they are in agreement with 8.4, 8.11, 8.15 and 8.6 to be stricken completely. Lucus Hansen, applicant, 14763 Willis Rd.,Caldwell, ID signed in favor of the application and stated he had nothing to add. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for APP-16-01 (Hansen Amendment):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for APP-16-01 (Hansen Amendment):The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for APP-16-01 (Hansen Amendment):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR APP-16-01 (HANSEN AMENDMENT):The Hearing Examiner ORDERED that Case Number APP-16-01 IS APPROVED with the following modifications of conditions of to SUP-15-13: • Condition 8.4 shall state: Install a 20-foot wide landscape buffer along 1-84, abutting the site. The buffer shall contain a minimum of 14 Class I trees and 71 shrubs, along with vegetative ground cover. • Condition 8.5 shall state: Install a landscape buffer along Ustick(toad,abutting the site. The buffer shall run from the northern property boundary to the edge of the roadway on Ustick Road, as shown in the green highlighted area below.The buffer may be either vegetative or dry. A dry landscape buffer shall contain landscape rock cover, a minimum of 7 boulders, 3 trees, and extruded curbing along the perimeter. • Condition 8.6 shall be stricken in its entirety. • Condition 8.11 shall state: The parking lot and accesses are to be paved. The drive aisles may utilize recycled asphalt pavement(RAP). • Condition 8.15 shall state: No other business activity shall occur on site, other than certain activities that are ancillary to the mini-storage business such as U-Haul rentals, and retail sales of storage/moving related products. No business activity shall occur in the individual rental units. Hearing Examiner Minutes Page 6 Hearing on March 8, 2016 1 V. Planning Issues—None VI. Adjournment The Nearing Examiner adjourned the meeting at approximately 8:00 p.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M.JEROME MAPP, ON THE DATE NOTED BELOW: a] a ATTEST: M. Jerome Mapp ate � �71 Jarom Wagoner, Se � ner/ Development Team Leader Date For detailed Minutes, please request a copy of the digital recording. Hearing Examiner Minutes Page 7 Hearing on March 8, 2016