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HomeMy WebLinkAbout2017-01-10 Hearing Examiner Minutes r CALDWELL HEARING EXAMINER MINUTES APPR•V D CC January 10, 2017 I. Call to Order—Hearing Examiner, Mr.Jerome Mapp,opened the meeting for the public hearing at 7:37 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); Robb MacDonald (City Engineer);April Cabello (Planning Technician) Members Absent: Brian Billingsley(Planning Director) III. Old Business: Mr. Mapp approved the Minutes of the November 8, 2016 meeting as previously signed by Hearing Examiner Mapp. IV. New Business: Case Number ANN-16-07 A request by Rodney Mack to annex 2.06 acres, more or less,with an R-1(Low Density Residential) zoning designation. The subject property is located at 16130 S. Florida Avenue (Parcel# R3273900000) in Caldwell, Idaho. Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd.,Caldwell, ID 83605, presented the staff report and stated that the applicant is requesting annexation into the city limits with a designation of R-1 (Low Residential)zoning.The site is currently location in the County and the Comprehensive Plan Map indicates the property as medium density residential. Staff finds this request does comply with the comprehensive plan. The only conditions of approval we are requesting are that the applicant dedicate right of way for Florida Avenue. This is a standard request; the property line currently goes to the center of the road. Also,we'd like to enter into a deferral agreement for construction of street improvements and sidewalk.There is sidewalk on the west side of Florida but there is none on the east side where this property is located, so we felt a deferral agreement would be better than requiring the applicant to do that at this time. Another condition is the access point at Florida Avenue needs to be in compliance with current City collector street standards and any development in the future would require connecting to city services potable water and sanitary sewer. Mr. Mapp asked for clarification regarding the parcels.There were originally 2 parcels and now there is only 1 coming in for annexation. Mr. Wagoner stated that at one point this parcel was part of the property contiguous to the east. There was a lot split in the early 2000s but there is not documentation for that with the county. Therefore,that created what the county refers to as an unrecognized lot. There are 2 separate owners now and the owners to the east are not interested in working together with the applicant. By annexing into the City we would recognize it as a legal parcel in the City limits Hearing Examiner Minutes Page 1 Hearing on January 10, 2017 and that way they could build on that parcel or they could divide the parcel—this gives them different options. Mr. Rodney Mack, 1028 W.Victory Road, Meridian, ID stated that 2.6 acres into the City of Caldwell was part of a land sale of 35 acres in 2001. At that time all the land was zoned agriculture. The 2.6 acres was set aside by the original owner,John Brooks,(now deceased). He built a shop and included living quarters in the back of the shop. I am John Brooks' personal representative and I am inheriting the 2.6 acres. The larger 33 acres was sold without a wide enough access road which made this an illegal split. Therefore, the 2.6 acres is not recognized by the County. I have tried to correct this issue with the current owner of the 33 acres but he is not interested in doing so. My only option is to annex this land into the City. Mr. Mapp asked Mr. Mack if he has reviewed the staff report. Mr. Mack indicated he has reviewed the staff report and does not have any issues with the report. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ANN-16-07(Annexation): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ANN-16-07 (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-16-07(Annexation): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ANN-16-07 (Annexation):The Hearing Examiner RECOMMENDED that Case Number ANN-16-07 BE APPROVED with conditions: 8.2 through 8.6 as written Case Number SUP-16-20:A request by Verizon Wireless and Jodie Knopp for a special-use permit to construct a Wireless Communications Facility within the M-1 (Light Industrial)Zone. The subject property is located at 6301 Cleveland Boulevard in Caldwell, Idaho. Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd.,Caldwell, ID 83605, presented the staff report and stated that the applicant is requesting a special use permit to install a new wireless communication facility. The existing use is the Jalopy Jungle Salvage Yard and the tower will be located along the back portion of the property which is along Laster Lane. Laster Lane is a dead end street with very limited traffic. This request is in compliance with the Comprehensive Plan and Comprehensive Plan Map and staff sees no issues with the request. However, we do have some conditions of approval. We would strike Condition 8.3 for the fire apparatus access road. We took that condition from a different, recent Verizon proposal; they will not have 20 feet to get through to the tower. The difference is the prior proposal where we did have that condition was the cell tower was on the back of the property without a road fronting it. Therefore, the fire department did need that access.This Hearing Examiner Minutes Page 2 Hearing on January 10, 2017 tower will be along the frontage and the fire department will have access so the condition is not needed.We do ask for conditions 8.2 and 8.4;that they comply with all applicable city codes, ordinances, policies and standards. And also the dedication of 35 feet of right-of-way measured from the centerline of Laster Lane,abutting the site. The right-of-way dedication shall be completed prior to issuance of any building permit for the subject property. One other condition that could take the place of 8.3 is completion of the written property acknowledgment form. Due to miscommunication between the applicant and property owner (the owner is out of state)this has not been completed. The property owner is aware of this proposal and is in agreement we just need the signed form. We request that this form be completed within 2 weeks. Mr. Mapp has no questions. Jodie Knopp, 5710 S. Green Street, Murray, UT stated that as the population throughout Caldwell increases each communications facility accommodates a certain amount of users and it was determined by a collaborate effort between customers and Verizon Wireless that this particular area needs more support and more efficient service which the proposed facility is intended to provide. The facility will include a 100 foot tower with an equipment platform at the base of the tower to hold outdoor cabinets which will all be located in a fully fenced and gated area. The proposed facility is a passive, unoccupied use. The facility will only generate the average of one vehicle trip per month for maintenance. The facility will be structurally engineer to meet or exceed local building codes, safety requirements as well as FCC and FAA requirements, ensuring a safe facility which will not be hazardous to surrounding properties or public. She has read through the facts and findings and is discussed with Mr. Wagoner about striking Condition 8.3 and as well as adding the additional Condition and is in agreement with all Conditions of Approval. Mr. Mapp has no questions. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for SUP-16-20(Special-Use):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-16-20(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-16-20(Special-Use):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR SUP-16-20(Special-Use Permit):The Hearing Examiner ORDERED that Case Number SUP-16-20 IS APPROVED with the following conditions: 8.2 & 8.4 striking 8.3 and replacing it with the Condition that they will provide the City with the Written Property Acknowledgement Form within 2 weeks. Hearing Examiner Minutes Page 3 Hearing on January 10, 2017 r Case Number ZON-16-07:A request by Jackson's Food Stores to rezone three parcels totaling 0.57 acres, more or less, from R-2 (Medium Density Residential) to C-2 (Community Commercial) with a Development Agreement. The subject properties are located at 2406, 2414, and 2422 S. Montana Avenue in Caldwell, Idaho. 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 rezone three parcels totaling 0.57 acres, more or less,from R-2 (Medium Density Residential)to C-2 (Community Commercial). There are three properties as part of this rezone request. There is an existing Jackson's convenience store/gas station at this location that has been there for years. This would be a legal, non-conforming use. They are looking at relocating their fuel islands to the South,which would give them the ability to increase the number of fuel islands as well as make the site more manageable coming in and going out. The owner, Mr.Jackson, recently went through a big remodel project at this convenience store making several improvements. The majority of the recommended Conditions of Approvals have to do with the two lower parcels as their sidewalk was recently constructed along Montana and some landscaping improvements were done along that street. There are two residential homes on the lower parcels that will be removed. The subject property has frontage on Linden Street which is a minor arterial roadway and also on Montana which is a collector roadway. This request is within the confines of the Comprehensive Plan Map. Staff does have a number of recommended Conditions of Approval in accordance with the City Code; improving the site,the access points to the site, and the access standards for the City of Caldwell. Given that Montana is a collector roadway and Linden is an arterial roadway, staff is recommending a modification to allow a right in/right out access. Currently, there are 2 access points on the North, the applicant is asking for a 3rd on the South portion.Staff is recommending they just have the 2 accesses and essentially relocate the central access just a little further to the south to be able to utilize the alley right-of- way and then extend it further along the property. This would still maintain access on the north end. Mr. Mapp asked for clarification on where the exits currently exist and where the curb cuts are located and where they will be located in the future. Mr. Wagoner pointed out on the map where curb cuts and ingress and egress will be located. The applicant is asking for 3 curb cuts on Montana and 1 on Linden. Mr. Wagoner stated the City Engineer wanted him to mention that the reason for the allowance of the curb cut on Linden is to facilitate truck circulation for gasoline delivery. Mr. Doug Racine, BRS Architects, 1010 Allante Place#100, Boise, ID testified that the existing Jackson's store has been at that location for a long time. It's currently a non-conforming use. The fuel island is the essential reason they are seeking re-zone on the parcels to the south. They currently have an existing curb cut along Walnut Street, and 2 existing curb cuts along Montana Avenue that service the existing store. This store has recently been remodeled;the sidewalk Hearing Examiner Minutes Page 4 Hearing on January 10, 2017 has been reconstructed as well as the 3 approaches. With the parcel to the South we would be locating a new fuel island canopy,eliminating the existing fuel island canopy. We would be crossing the alley right-of-way with an electrical conduit from the store to the pumps. We have reviewed this with Engineering and there is no issue with that. We will be paving and improving that alley way with hard surface material to the westerly property line of the 2 adjoining parcels. Mr. Wagoner stated that regarding Conditions 8.7 and 8.11 and the 13 foot wide landscape buffer, this is a reduction of the 20 feet required by ordinance. Regarding Condition 8.9 after discussing this with the City Engineer we would be comfortable leaving the right-of-way as it is and striking Condition 8.9. Mr.John Jackson, 3450 Commercial Court, Meridian, ID stated he would like to address the curb cuts. The northern piece of the project is completed; the curb cuts and sidewalks are all brand new. On the southern portion of the property they are in agreement with the requests for landscaping. One issue he has is the right in/right out only.They would be the only property on Linden that has a median. It would limit their access considerably which would be a detriment to their customers. They respectfully request full access off Linden. Mr. Mapp indicated the right in/right out is so close to the intersection and he would request that there are no curb cuts on that side of the street. Mr.Jackson indicated it was 100 feet from the corner to their property line not 50 feet. Mr. Jackson believes a median would restrict his customers and reduce their business. They would only be able to turn right on Linden. Scott Stom, 3450 E Commercial Street, Meridian, ID stated he would like to discuss the right-of- way the City is requiring in Condition 8.5. They were planning to place their fuel sign on that corner. In discussions with the City they thought they might be able to enter into a license agreement that possibly some of the right-of-way could be encroached to locate our sign. Mr. Mapp asked Mr.Wagoner about the sign on the property. Mr. Wagoner indicated that if they adopt the right-of-way changes it would affect the sign placement because then it would within the right-of-way. Typically there is a 3 ft setback from the right-of-way for the sign location. Mr. Wagoner has no issue striking Condition 8.9. The right-of-way that is existent will be sufficient for what they need. But they would still like to have the right-of-way on Linden Street as is required by code. Mr. Mapp asked Mr.Jackson if the main reason for the right in/right out was to move the gasoline trucks in and out. Hearing Examiner Minutes Page 5 Hearing on January 10,2017 M Mr.Jackson explained that the right in/right out will not inhibit the gasoline trucks from making their deliveries. The main reason they are asking to not have the right in/right out is for customer access. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ZON-16-07 (Zoning):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ZON-16-07(Zoning):The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for ZON-16-07(Zoning): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ZON-16-07 (Zoning):The Hearing Examiner RECOMMENDED that Case Number ZON-16-07 BE APPROVED with the following conditions: 8.1 through 8.8, 8.10, and 8.11 as written, delete 8.9 and modifying 8.12 to allow 3 curb cuts,the 2 existing curb cuts plus one new curb cut that will commence at the alley and move to the South as stated on the site plan. V. Planning Issues—None VI. Adjournment The Hearing Examiner adjourned the meeting at approximately 8:57 p.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M.JEROME MAPP,ON THE DATE NOTED BELOW: s' if- y 7 ATTEST: M . erome Ma.p / at 1 r '---&-Z.-N7Jarom Wago Planner/Development Team Leader Date For detailed Minutes, please request a copy of the digital recording. Hearing Examiner Minutes Page 6 Hearing on January 10,2017