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HomeMy WebLinkAbout05 Hearing Examiner PLANNING AND ZONING/HEARING EXAMINER ITEM DATE SUBMITTED BY PZ-1 AGENDA qiA�A 4 u PZ-2 MINUTES tb-1 J1 PZ-3 SIGN-UP SHEET(S) 1,-13_(0 LL, Pz- Tit( (b I l I TO) Pz- RECOMMENDATION BY THE CALDWELL HEARING EXAMINER CITY OF CALDWELL, IDAHO PUBLIC HEARING HELD SEPTEMBER 13, 2016 Subject: Case No.ZON-16-06(21ST&Chicago Rezone) THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION: • Rezone 7.01 acres, more or less, from M-1 (Light Industrial) to C-3 (Service Commercial) with a Development Agreement. TABLE OF CONTENTS: I COURSE OF PROCEEDINGS II GENERAL FACTS III TESTIMONY IV APPLICABLE LEGAL STANDARDS V COMPREHENSIVE PLAN ANALYSIS VI FINDINGS OF FACT VII CONCLUSIONS OF LAW VIII RECOMMENDATION I COURSE OF PROCEEDINGS 1.1 The Caldwell Planning and Zoning Department issued a notice of public hearing on application ZON-16- 06 to be held before the Caldwell Hearing Examiner on September 13, 2016. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On August 28, 2016 notice was published in the Idaho Press Tribune, on August 26, 2016 notice was mailed to all political subdivisions providing services to the site and to property owners within 300 feet of the site; and, on September 1, 2016 notice was posted on the site. 1.2 On September 13, 2016 the Caldwell Hearing Examiner recommended approval of the rezone request. 1.3 Files and exhibits relative to this application are available for review in the Planning and Zoning Department, 621 Cleveland Boulevard, Caldwell and at applicable public hearings. II GENERAL FACTS 2.1 APPLICANT: Matthew Witt, 21st&Chicago, LLC, 350 N.9th Street,Suite 200, Boise, Idaho,83702. 2.2 REQUEST:The applicant is requesting to rezone approximately 7 acres from M-1 (Light Industrial)to C- 3 (Service Commercial)with a Development Agreement. 2.3 BACKGROUND: The subject property is currently vacant land and pasture. Past uses have included a golf driving range and rock quarry. 2.4 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map designation for the site is Commercial. Case No.ZON-16-06 21St&Chicago Rezone Page 1 of 7 Hearing Examiner Recommendation Service Commercial: Suitable for a wide range of retail and service uses including more intense commercial uses such as those that require large amounts of land for sales, storage or parking, light production or repair of consumer goods, and which may be less compatible with residential uses due to traffic, noise and other impacts. 2.5 Land Use: The subject property is zoned C-2 (Community Commercial) and is surrounded by the following uses: Direction Zone Comprehensive Map Use Site M-1 Commercial Vacant Land North C-3 Commercial Business/Vacant Land South M-1 Commercial Vacant Land East C-3 Commercial Vacant Land West M-1 Commercial Tire Shop 2.6 Public Services, Utilities and Facilities: The engineering department, fire marshal, building department, police department, Pioneer Irrigation District, Caldwell School District, ITD, and Canyon Highway District#4 were all sent a request for comment on August 11, 2016. As of September 7, 2016 no comments have been received. 2.7 Transportation/Connectivity: The subject property has frontage on 21st Avenue, a principal arterial roadway, and Chicago Street, a minor arterial roadway. 2.8 Landscaping: As per Section 10-07-02(2) of City Code, landscaping should be required for this project. City Code requires a 25-foot wide landscape buffer along 21st Avenue, abutting the site. The site has approximately 1,150 feet of frontage along 21st Avenue, which would require a minimum of 33 Class II trees, 164 shrubs, along with vegetative ground cover within the buffer area. City Code requires a 20-foot wide landscape buffer along Chicago Street, abutting the site. The site has approximately 350 feet of frontage along Chicago Street,which would require a minimum of 10 Class II trees, 50 shrubs, along with vegetative ground cover within the buffer area. 2.7 Parking: As per Section 10-12-04(16) of City Code, parking will be required for this application. The number of required paved, parking stalls will be determined at time of future development, and will depend on the ultimate use of the site. III TESTIMONY BEFORE THE HEARING EXAMINER,SEPTEMBER 13,2016 3.1 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 approximately 7 acres from M-1 (Light Industrial)to C-3 (Service Commercial)with a Development Agreement and that the subject property is currently vacant land and pasture with surrounding past uses included a golf driving range and rock quarry. Mr.Wagoner reviewed the required landscape improvements and stated that in regards to the Development Agreement staff is requesting that apartments, multi-family,4, 5, 6, plexes be required to go through a special use permit process. Mr. Wagoner reviewed several conditions of approval and stated that staff would like to amend condition 8.9 to state instead of,or within 120 days,should read or at time of future road project the developer should participate in the improvements of Chicago Street and that the applicant has concerns about condition 8.10. Case No.ZON-16-06 215'&Chicago Rezone Page 2 of 7 Hearing Examiner Recommendation Matthew Witt, applicant representative, 350 N. 9th St.,Ste 200, Boise, ID signed in favor of the application and stated that they have explored numerous avenues for potential developments in this area and the applicant feels the rezone to Service Commercial uses along the 215t combined with the assisted living support component adjacent will create a vibrant mixed use development and create a blend of commercial uses supporting the community along 21st Avenue and the growing college. Mr.Witt stated that condition 8.9 their request is to the 120 day option and it is their intent to construct all the improvements and is in full agreement with staffs change to condition 8.9. Mr.Witt further stated that in reviewing condition 8.10 and reviewing the physical location of the site there are notable Idaho Power and to construct the right turn lane would require Idaho Power to re-route a notable portion of their service in the area so they feel it would be appropriate at this time to dedicate the right-of-way so it is ready when the time dictates the improvement along Chicago. Mr. Wagoner responded that staff reviewed the request to modify 8.10 and staff agrees in amending condition 8.10. Mr. Witt stated that with the changes to the conditions the applicant is in agreement with the staff report as well as the development agreement. Brian Watt, 350 N. 9th St., Ste 200, Boise, ID signed in favor of the application but did not wish to speak. David Ruby,499 Main St., Boise, ID signed in favor of the application and voiced his support for the application. Linda Hines,7116 McMuller, Boise, ID signed in favor of the application but did not wish to speak. Colton Kemo, 19th, Boise, ID signed in favor of the application but did not wish to speak. Mr. Mapp closed the public testimony. IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell Zoning Ordinance No. 1451, as amended 4.2 City of Caldwell Comprehensive Plan, as amended 4.3 Idaho Code,Title 67, Chapter 65, Local Planning Act V COMPREHENSIVE PLAN ANALYSIS The Caldwell Hearing Examiner accepts the Comprehensive Plan Components as listed below. 5.1 The proposed project is consistent with the following Comprehensive Plan Components: GOALS AND POLICIES—Property Rights Goal 1:Ensure that land use policies, restrictions, conditions and fees do not violate private property rights, adversely impact property values or create unnecessary technical limitations on the use of the property. Policy 1-1: Establish a sound basis for land use and environmental regulations through comprehensive planning and adopted policies and ordinances. Case No.ZON-16-06 21St&Chicago Rezone Page 3 of 7 Hearing Examiner Recommendation `� 0 Policy 1-2: Identify potential takings of private property prior to a regulatory or administrative action on specific property. GOALS AND POLICIES—Population Goal 1:Maintain a high quality of life and livability in the community. Policy 1-1: Plan for anticipated population and households that the community can support with adequate services and amenities. GOALS AND POLICIES—Economic Development Goal 1: Promote economic development initiatives relating to housing, business, jobs, schools, recreational opportunities,infrastructure systems,public utilities and facilities, and public services. Policy 1-2: Promote job market expansion that encourages opportunities for mid- and upper-range wage scales and benefits. Policy 1-3: Encourage development that generates new job opportunity. Goal 3:Create neighborhoods where citizens can live, work and play. Policy 3-2: Generate employment opportunities that support local economies and reduce vehicle miles traveled between home and work. Policy 3-3: Promote economic development growth that is sustainable, environmentally manageable, that will assist in maintaining the City's fiscal stability, and that will reduce the need for residents to commute out of the City. Goal 6: Recognize and promote the importance of retaining and attracting basic industries to Caldwell. Policy 6-2: Ensure that an adequate inventory of commercial and industrial property is available for new industries. GOALS AND POLICIES—Land Use Goal 1: 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. Policy 1-2: Encourage commercial and industrial uses in areas that are readily accessible to regional and principal arterials and/or public transit. Goal 2:To create a strong sense of community and place. Policy 2-2: Encourage the restoration and redevelopment of underutilized and neglected properties through infill development. Goal 4:Create communities that generate cost effective public services and infrastructure. Case No.ZON-16-06 21St&Chicago Rezone Page 4 of 7 Hearing Examiner Recommendation �v Policy 4-3: Require developers to meet design principles, development standards, and street and utility improvement requirements as set forth in the City's subdivision ordinance and infrastructure policy. GOALS AND POLICIES—Public Services, Utilities,& Facilities Goal 1: Ensure that there are adequate public services and infrastructure to meet the needs of the public. Policy 1-2: Provide for the orderly expansion of public services to meet the needs of population growth,and ensure that adequate infrastructure is in place to serve new development. Goal 3:Protect the public,health, and general welfare of the citizens of Caldwell. Policy 3-1: Require all new non-agricultural development in the Caldwell Area of Impact be connected to potable water and city sewer service. Policy 3-3: Require new development to meet the City's public infrastructure design standards, and any other applicable public entity's adopted policies. GOALS AND POLICIES—Community Design Goal 1: Foster growth and redevelopment in a manner that will enhance and improve the City's visual image. Policy 1-2: Continue to work toward the elimination of blight and areas of deterioration. 5.2 The request was not found to be inconsistent with any of the Comprehensive Plan Components. All adopted city ordinances,standards and codes were used in evaluating the application. VI FINDINGS OF FACT 6.1 The Caldwell Hearing Examiner accepts the facts outlined in the staff report, public testimony and the evidence list.All adopted city ordinances, standards and codes were used in evaluating the application. VII CONCLUSIONS OF LAW 7.1 The Caldwell Hearing Examiner has the authority to hear this case and recommend to the City Council that it be approved or denied. The public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances. VIII RECOMMENDATION 8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby recommends to the Mayor and City Council that Case Number ZON-16-06 a request by 215t&Chicago, LLC and Matthew Witt to rezone 7.01 acres, more or less, from M-1 (Light Industrial) to C-3 (Service Commercial) with a Development Agreement for the property located at 414 N. 21st Avenue in Caldwell, Idaho is approved with the following conditions of approval: 8.2 All requirements of federal, state and local laws, rules and regulations in place at the date of submittal of any applications shall be adhered to in development of the subject property. Case No.ZON-16-06 21St&Chicago Rezone Page 5 of 7 0\ Hearing Examiner Recommendation 9 8.3 Development of the subject property shall be consistent with all requirements, codes, rules, and regulations of the City of Caldwell, unless specifically stated otherwise in the rezone development agreement or in an Order of Decision for a preliminary plat or planned unit development. 8.4 A development agreement, as prepared by the planning and zoning department, shall be approved by City Council in conjunction with the rezone. 8.5 One full-access driveway approach shall be allowed onto 21st Avenue from the site. The driveway approach shall be no greater than 40 feet in width and located as near the center of the property as feasible. All other driveway approaches onto 21st Avenue shall be removed and replaced with vertical curb, gutter, and sidewalk. The existing driveways shall be replaced either at time of future development of the site or within 120 days of a request from the city,whichever occurs earlier. 8.6 One right-in/right-out driveway approach shall be allowed onto 21st Avenue from the site. The driveway approach shall be no greater than 24 feet in width. The driveway approach shall be located a minimum of 220 feet from the edge Chicago Avenue and a minimum of 220 feet from the edge of the nearest driveway. Construct a 6-inch raised concrete median on 21St Avenue commencing at the intersection of Chicago Street and extending north on 21st Avenue so as to extend a minimum of 75 feet beyond the far edge of the driveway. 8.7 Install a 25-foot wide landscape buffer along 21st Avenue, abutting the site. The buffer shall contain a minimum of 33 Class II trees and 164 shrubs, along with vegetative ground cover. The landscape improvements shall be completed either at time of future development or within 120 days of a request from the city,whichever occurs earlier. 8.8 Dedicate 40 feet of right-of-way (minus existing) measured from the centerline of Chicago Street, abutting the site. The right-of-way shall be dedicated either at time of future development or within 60 days of a request from the city, whichever occurs earlier. 8.9 Construct Chicago Street abutting the site as a 24.5 foot one-half width minor arterial street section from centerline to back of curb with a 5-foot wide bike lane and shall feature standard vertical curb, 5- foot wide detached sidewalk, sub-base and asphalt paving, required storm water drainage facilities and street lights (see Caldwell Std. Dwg. 810-B). The developer may choose to construct a 7-foot wide attached sidewalk, in lieu of the 5-foot wide detached sidewalk. The roadway improvements shall be constructed either at time of future development or in conjunction with a future road project for this section of Chicago Street, whichever occurs earlier. 8.10 Dedicate additional right-of-way along this section of Chicago Street as shown in Caldwell Std. Dwg. R810-G for a future right-turn lane. The right-of-way shall be dedicated either at time of future development or within 60 days of a request from the city,whichever occurs earlier. 8.11 Install a 20-foot wide landscape buffer along Chicago Street, abutting the site. The buffer shall contain a minimum of 10 Class II trees and 50 shrubs, along with vegetative ground cover. The landscape improvements shall be completed either at time of future development or within 120 days of a request from the city,whichever occurs earlier. 8.12 One right-in/right-out driveway approach shall be allowed onto Chicago Street from the site. The driveway approach shall be located approximately 170 feet from the edge of 21st Avenue. Construct a 6-inch raised concrete median on Chicago Street commencing at the intersection of 21St Avenue and Case No.ZON-16-06 21st&Chicago Rezone Page 6 of 7 Hearing Examiner Recommendation extending east on Chicago Street so as to extend a minimum of 75 feet beyond the far edge of the driveway. 8.13 One full access driveway shall be allowed from the site onto Chicago Street provided that it is a shared access with the property located directly south of the subject property. The driveway shall be located approximately 350 feet east of the intersection of Chicago Street and 21st Avenue so as to be in direct alignment with the existing driveway on the south side of Chicago Street. 8.14 All types of residential uses, including but not limited to, three-family dwellings, four-, five-, or six- family dwellings, and/or multi-family dwellings shall require approval through a special-use permit process and shall not be outright allowed. CASE NUMBER ZON-16-06 WAS HEARD BY THE CALDWELL HEARING EXAMINER AT A PUBLIC HEARING HELD SEPTEMBER 13, 2016. THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION WERE ADMINISTRATIVELY APPROVED AND SIGNED BY THE CALDWELL HEARING EXAMINER ON THE DATE NOTED BELOW. /Aer\:. .Jerome app, He."ing Examiner ATTEST: (//57/h' Date Jarom Wahv,-re , Senior Planner Case No.ZON-16-06 21St&Chicago Rezone Page 7 of 7 /0\- Hearing /`Hearing Examiner Recommendation k\-1 CALDWELL HEARING EXAMINER MINUTES September 13, 2016 I. Call to Order—Hearing Examiner, Mr.Jerome Mapp, opened the meeting for the public hearing at 7:05 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); Brian Billingsley(Planning Director); and April Cabello (Planning Technician). Members Absent: None. III. Old Business: Mr. Mapp approved the Minutes of the July 12, 2016 meeting as previously signed by Hearing Examiner Mapp. IV. New Business: Case Number SUP-16-11:A request by Charles Barney& Little People Daycare for a special-use permit to operate a Daycare Center within the R-1 (Low Density Residential)Zoning District. The subject property is located at 710 E. Linden Street 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 special use permit approval to operate a daycare center within the R-1 (Low Density Residential) zone.The subject property was approved as a daycare in 2006 but that approval expired in 2015 and the new owner of the property wishes to open a new daycare on the premises. Mr. Wagoner reviewed the surrounding uses and stated that landscaping should be required for this project and that all landscaping currently exists, meeting the current city code requirements and no additional landscaping is recommending for this request. Mr. Mapp asked staff about condition 8.3 that reads all temporary signage should be located outside of the right-of-way and vision triangle and wondered if they will be required to put a permanent sign. Mr. Wagoner stated that any permanent signage should be placed outside of the right-of-way and setback 3 feet. Mr. Mapp expressed his concern about no disabled parking and the maneuverability going around the median. Hearing Examiner Minutes Page 1 Hearing on September 13, 2016 Charles A. Barney, a ''cant, 710 E. Linden Street, Caldwell, ID sid in favor of the application and explained that t} y operate a daycare,currently at a group license and are expanding due to many requests. They found this property and realized that it was already setup for a large daycare and purchased the home but they just missed the dead line of the current special use tied to the property and so they are seeking to renew the special use. Mr. Mapp told the applicant that there has to be one disabled parking space and advised the applicant to find out from staff the proper way to designate a disabled parking space and also expressed his concern about the maneuverability around the medium and to work with staff. Mr. Barney responded that there is a disabled parking space but cannot see it because the paint has faded and that they have plans to repaint and stripe the parking lot. Mr. Mapped asked Mr. Barney if he had read the staff report and if he agrees with the conditions. Mr. Barney responded yes. Ashley Davis, applicant, 710 E. Linden Street,Caldwell, ID signed in favor of the application and stated that they had covered everything and had nothing else to add. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for SUP-16-11 (Special Use):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-16-11(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-16-11 (Special Use):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR SUP-16-11 (Special-Use Permit):The Hearing Examiner ORDERED that Case Number SUP-16-11 IS APPROVED with the following modified conditions: 8.2–8.13 as written. Adding conditions: 8.14–the applicant is to provide the required number of disabled parking spaces as required by law. 8.15–the Fire Department to look at the maneuverability of the ingress and egress on this site and the south side where the median is located. Case Number SUP-16-13:A request by M&J/KKAT Enterprises, LLC and Jay Gibbons for a special- use permit to construct a mini-storage unit facility within the C-2 (Community Commercial) —ZoneT'he applicant is proposing to construct a total of 750 enclosed storage units, as well as Hearing Examiner Minutes Page 2 Hearing on September 13,2016 ry provide outside stor for RV's and other vehicles. The subject perty is approximately 5.41 acres and is located tthe southwest corner of 10th Avenue and Laster Street(Parcel# R2503800000) 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 special use permit approval to construct a mini-storage facility located on 10th Avenue at the intersection of Laster Street and the applicant intends to construct approximately 750 enclosed storage units, as well as provide outside storage for RV's and other vehicles. Mr. Wagoner reviewed the surrounding uses and zoning and stated that the subject property is currently zoned C-2 community commercial. Mr. Wagoner further explained that the subject property was approved as a mini-storage facility in 2007 but that storage unit facility was never constructed and the approval has thus expired. Mr. Wagoner stated that staff has analyzed the comprehensive plan and finds the request to be to be in compliance with the comprehensive plan and if this request is approved tonight there are a number of conditions that staff has recommended and one additional condition that is not in the original report is a dedicated right turn lane on Laster Street when this roadway is constructed the additional right-of-way be provided for a right turn lane. Mr. Mapp wondered about the requirements for disabled parking and paved parking. Mr. Wagoner responded that paved parking is required and is a condition of approval. Mr. Mapp stated that he had questions for the applicant about the materials on the building, what type of roof and where on the site will the outdoor storage will be located,and that he is concerned about visibility and the impact on the surrounding residential area; also the Fire Department will be concerned about the ingress and egress. Mr. Mapp asked staff if landscaping and fencing would be required. Mr. Wagoner responded yes, conditions 8.6 and 8.9 address landscaping. Amy Woodruff, applicant representative,422 S 9th Avenue, Caldwell, ID signed in favor of the application and gave pictures labeled as exhibit PZ-1000 to staff stated that this property was annexed into the City of Caldwell with a zoning designation of C-2 back in 2007 and that the developers are the same people from 2007 and at that time they applied for a special use to construct a similar project to what is being proposed now but due to the economic downturn in 2007 the initial approval expired and were not able to move forward. Ms. Woodruff stated that a at the time the subject property was annexed in the developers did enter into a Development Agreement with the City of Caldwell where they are required to improve 10th Avenue, 20 foot landscape buffer and pedestrian facility, improvements to Laster Street with a 15 foot landscape buffer and pedestrian facilities. Ms.Woodruff stated that some.aUhetonditions ofapprovalare a right hand turn lane on Laster Street, a pedestrian facility with landscaping along both sides of Hearing Examiner Minutes Page 3 ri Hearing on September 13, 2016 the Phyllis Canal. M 'Voodruff reviewed the types of landscap ,iilding materials and the elevations that the a�plicant would be building and installing on the site and the pedestrian facilities. Mr. Wagoner stated that the conditions of approval will ensure that this project complies with what was presented. Ms.Woodruff addressed the location of the outdoor storage and explained that it will be temporary storage until all the storage units are built out. Mr. Mapp stated that there needs to be a condition of approval that speaks about temporary storage for RV's with a time period. Ms. Woodruff responded that they would like 5 years for the temporary storage. Mr. Mapp asked staff to assist with writing the appropriate additional conditions. Mr. Wagoner responded yes and in regards to the accesses the condition should state that the access point shall meet City Code and Standards. Ms. Woodruff in closing explained that the applicant had done their due diligence evaluating this project and that analysis showed that there is good demand for this type of project in this area. Mr. Mapp asked if the applicant agreed with the conditions set forth in the staff report. Ms. Woodruff responded yes. Marty Camberlaro, applicant, 10252 W. Springdale Street, Boise, ID 83701 signed in favor of the application but did not wish to speak. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Mr. Mapp stated for the record that the outdoor storage and RV and other vehicles will be a special temporary condition because the outdoor storage is not going to be an approved condition for the future but only for 5 years. Comprehensive Plan Analysis for SUP-16-13 (Special-Use):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-16-13(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-16-13(Special—Use):The Hearing Exam 11eLdccepted..the Conclusions of Law as outlined in the staff report. riHearing Examiner Minutes Page 4 Hearing on September 13,2016 ORDER OF DECISIOIJTbR SUP-16-13 (Special-Use Permit):The Hearing Examiner ORDERED that Case Number SUP-16-13 IS APPROVED with the following conditions: 8.2—8.17 as written 8.18—provide disabled parking space as required by law 8.19—temporary use for outdoor storage of RV's and other vehicles for a period of 5 years 8.20—construct the eastbound right hand turn lane on Laster Street along with the additional right-of-way and all access points shall be approved by the City Engineer and meet the City of Caldwell standards Case Number ZON-16-05/SUP-16-12:A request by Grace at Caldwell, LLC and Linda Hines to rezone two parcels totaling approximately 8.33 acres, more or less from M-1 (Light Industrial)to C-3 (Service Commercial)with a Development Agreement, and a Special-Use Permit to allow for the construction of an Assisted Living/Memory Care Center within the C-3 (Service Commercial) zone. The subject properties are located approximately 400 feet southeast of the intersection of 21St Avenue and Chicago Street(Parcel#'s R3537301100 and R3537301200) 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 approximately 8.33 acres from M-1 (Light Industrial)to C-3 (Service Commercial)with a Development Agreement.Also requested is special use permit approval to construct a 112 bed assisted living/memory care center,to be constructed in two phases.The subject property is currently vacant land and pasture and past uses have included a golf driving range and rock quarry. Mr. Wagoner reviewed the surrounding uses and stated that parking and landscaping is recommended to comply with city code and stated that staff sees the need for this type of facility. Mr.Wagoner stated that in regards to the Development Agreement,staff has a condition in the Development Agreement that within the C-3 zone, multi-family,3,4,5 and 6 plexes are an allowed use but staff is requesting that those uses be required to go through a special use permit process if in the future they decide to build apartments. Mr. Wagoner further explained that the special use request is dependent upon the approval of the Rezone by City Council. Mr. Wagoner reviewed the conditions of approval. David Ruby, applicant representative,499 Main Street, Boise, ID signed in favor of the application and would like to request a rezone and special use for the two parcels to construct a single level assisted living and memory care facility.They currently have two nearly identical facilities in Boise, another one in Twin Falls and several very similar facilities in Nampa and Meridian. This model has a slight deviation an adjustment to a unique need that they see in this area based on a market analysis it will have a mix of unit types. Mr. Ruby stated that in reviewing the staff repojie noticed section 23 has.aslightly.different-total count than the 112 bed assisted living and technically it is 126 total with 94 beds in phase 1 and 32 beds in phase 2 Hearing Examiner Minutes Page 5 ,,.,/' Hearing on September 13,2016 ' J and parking will be L d on the 94 beds and in the future when ' do the 32 beds more they will supplement the p rara king. Mr. Ruby reviewed the site plan and*out of the facility. Mr. Mapp asked Mr. Ruby what impacts this facility will have on the adjacent properties. Mr. Ruby responded no one has the exact business that will be on the front parcels but with a facility like this with mixed uses development they feel is a very good use and the folks that live in these facilities like activity and like to see things going on with life. Mr. Ruby stated that they agree with the conditions listed in the staff report and the development agreement. Mr. Matthew Witt, 350 N. 9th St.,Ste 200, Boise, ID signed in favor of the application and stated that his application for rezone to the northwest will be heard next on the agenda and wanted to voice their support of Grace at Caldwell application and use at this location and have worked with staff and Grace at Caldwell to holistically and cohesively to plan for complementary of uses to ensure vibrancy in the development of this key intersection.The blend of live,work, play creates a healthy destination of activity in this area. Brian Watt, 350 N 9th St., Ste 200, Boise, ID signed in favor of the application but did not wish to speak. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ZON-16-05 (REZONE):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ZON-16-05 (REZONE):The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony,and the evidence list. Conclusions of Law for ZON-16-05 (REZONE):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ZON-16-05 (REZONE):The Hearing Examiner RECOMMENDED that Case Number ZON-16-05 BE APPROVED with conditions: 8.2—8.7 Comprehensive Plan Analysis for SUP-16-12(Special-Use):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-16-12(Special-Use):The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony,and the evidence list. Hearing Examiner Minutes Page 6 ,,y Hearing on September 13,2016 �� Conclusions of Law';UP-16-12(Special-Use):The Hearing Exa .../ier accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR SUP-16-12 (Special-Use Permit):The Hearing Examiner ORDERED that Case Number SUP-16-12 IS APPROVED with the following modified conditions: 12.2—12.12 Case Number ZON-16-06:A request by 21St And Chicago, LLC and Matthew Witt to rezone 7.01 acres, more or less,from M-1 (Light Industrial)to C-3 (Service Commercial)with a Development Agreement. The subject property is located at 414 N. 21St 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 approximately 7 acres from M-1 (Light Industrial)to C-3 (Service Commercial)with a Development Agreement and that the subject property is currently vacant land and pasture with surrounding past uses included a golf driving range and rock quarry. Mr. Wagoner reviewed the required landscape improvements and stated that in regards to the Development Agreement staff is requesting that apartments, multi-family,4, 5,6, plexes be required to go through a special use permit process. Mr. Wagoner reviewed several conditions of approval and stated that staff would like to amend condition 8.9 to state instead of, or within 120 days,should read or at time of future road project the developer should participate in the improvements of Chicago Street and that the applicant has concerns about condition 8.10. Matthew Witt, applicant representative, 350 N. 9th St.,Ste 200, Boise, ID signed in favor of the application and stated that they have explored numerous avenues for potential developments in this area and the applicant feels the rezone to Service Commercial uses along the 21St combined with the assisted living support component adjacent will create a vibrant mixed use development and create a blend of commercial uses supporting the community along 21St Avenue and the growing college. Mr. Witt stated that condition 8.9 their request is to the 120 day option and it is their intent to construct all the improvements and is in full agreement with staffs change to condition 8.9. Mr. Witt further stated that in reviewing condition 8.10 and reviewing the physical location of the site there are notable Idaho Power and to construct the right turn lane would require Idaho Power to re-route a notable portion of their service in the area so they feel it would be appropriate at this time to dedicate the right-of-way so it is ready when the time dictates the improvement along Chicago. Mr. Wagoner responded that staff reviewed the request to modify 8.10 and staff agrees in amending condition 8.10. Mr. Witt stated that with the changes to the conditions the applicant is in agreement with the staff report as well as the development agreement. Hearing Examiner Minutes Page 7 Hearing on September 13,2016 �r Brian Watt, 350 N. 9th Ste 200, Boise, ID signed in favor of the ilication but did not wish to speak. David Ruby,499 Main St., Boise, ID signed in favor of the application and voiced his support for the application. Linda Hines, 7116 McMuller, Boise, ID signed in favor of the application but did not wish to speak. Colton Kemo, 19th, Boise, ID signed in favor of the application but did not wish to speak. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ZON-16-06(REZONE):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ZON-16-06(REZONE): The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony,and the evidence list. Conclusions of Law for ZON-16-06(REZONE):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ZON-16-06(REZONE):The Hearing Examiner RECOMMENDED that Case Number ZON-16-06 BE APPROVED with conditions: 8.2—8.8 8.9-with modification to read; or at time of future road project the developer should participate in the improvements of Chicago Street 8.10-with modification to read; dedicate the right-of-way so it is ready when the time dictates the improvement along Chicago. 8.11—8.14 V. Planning Issues—None VI. Adjournment The Hearing Examiner adjourned the meeting at approximately 8:40 p.m. MINUTES APPROV ' , I SIGNED BY THE HEARING EXAMINER, M.JEROME MAPP, ON THE DATE NOTED BEL* 4 1/5°A ATTEST: /c(-11;er'ome Mapp Date Hearing Examiner Minutes Page 8 ,ry Hearing on September 13,2016 n � t.:: \-____ , \NN. c----....../ Jarom Wagoner,Senior Plann�r¢Belopment Team Leader Date For detailed Minutes, please request a copy of the digital recording. Hearing Examiner Minutes Page 9 4 Hearing on September 13, 2016 91/ SIGN UP SHEET Please print the following required information and in the appropriate box check whether you wish to speak or do not wish to speak. CASE NAME: 21st and Chicago LLC CASE NUMBER: ZON-16-06 IN FAVOR NEUTRAL IN OPPOSITION Applicant or Representative /speak 0 Do/1/77-- not speak ❑speak 0 Do not speak 0 speak ❑ Do not speak 14th' rV!r Print Name Print Name Print Name 3.(6A /4- /` S`�;290 Print Address Print Address Print Address 3o0E /D 83702 City State, Zip City State, Zip City State, Zip speak fj Do not speak ❑speak ❑ Do not speak ❑speak ❑ Do not speak N/" h 4Aitt Print Name Print Name Print Name 350 kt f& sL rrt Zoo Print Address Print Address Print Address &rp c. 3)(7 63 7co. City State, Zip City State, Zip City State, Zip speak ❑ Do not speak ❑speak ❑ Do not speak ❑speak ❑ Do not speak 0/0/t 1 Print NamePrint Name Print Name Mai" Print Address Print Address Print Address (2,41S€ v0 014oz City State, Zip City State, Zip City State, Zip _ SIGN UP SHEET Please print the following required information and in the appropriate box check whether you wish to speak or do not wish to speak. CASE NAME: 21st and Chicago LLC CASE NUMBER: ZON-16-06 IN FAVOR NEUTRAL IN OPPOSITION speak ❑ Do not speak ❑speak ❑ Do not speak ❑speak ❑ Do not speak GI 6-1/1-60 Print Name Print Name Print Name Q // i P& - iJ ' Address Print Address Print Address p9-6 ? City State, Zip City State, Zip City State, Zip L`Tspeak 0 Do not speaC�k�v• ❑speak 0 Do not speak ❑speak 0 Do not speak (4Le)1117 kihotA) Print Name Print Name Print Name _Ig411 &Bzi-4 Print Address Print Address Print Address City State, Zip City State, Zip City State, Zip ❑speak 0 Do not speak ❑speak ❑ Do not speak ❑speak ❑ Do not speak Print Name Print Name Print Name Print Address Print Address Print Address City State, Zip City State, Zip City State, Zip /i/i 1 r Qe, V CITY O1-0 `. ALDWEL a ��O- C l 1"" mac irchtCaldwell Hearing Examiner agenda for Public Hearing on Tuesday, September 13, 2016 at 7:00 p.m., in the Community Room of the Caldwell Police Department at 110 South 5th GARRETNANCOLAS Avenue, Caldwell, Idaho. Mayor AGENDA 208A553011 (f)208.455.3003 I. Call to Order City Hall 411 Blaine Street Caldwell,.Idaho II. Review of Proceedings Post Office Box P,O.Box 1179 III. Old Business Caldwell,Idaho 83606 Approve the Minutes of the July 12, 2016 meeting. For a list of the City Council members,visit: IV. New Business Website www.cityofcalciwell.corn Case Number SUP-16-11: A request by Charles Barney& Little People Daycare for a special-use permit to operate a Daycare Center within the R-1 (Low Density Residential)Zoning District. The subject property is located at 710 E. Linden Street in Caldwell, Idaho. Case Number SUP-16-13: A request by M&J/KKAT Enterprises, LLC and Jay Gibbons for a special-use permit to construct a mini-storage unit facility within the C-2 (Community Commercial)Zone. The applicant is proposing to construct a total of 750 enclosed storage units, as well as provide outside storage for RV's and other vehicles. The subject property is approximately 5.41 acres and is located at the southwest corner of 10th Avenue and Laster Street(Parcel #R2503800000) in Caldwell, Idaho. Case Number ZON-16-05/SUP-16-12: A request by Grace at Caldwell, LLC and Linda Hines to rezone two parcels totaling approximately 8.33 acres, more or less from M-1 (Light Industrial)to C-3 (Service Commercial)with a Development Agreement, and a Special-Use Permit to allow for the construction of an Assisted Living/Memory Care Center within the C-3 (Service Commercial)zone. The subject properties are located approximately 400 feet southeast of the intersection of 21st Avenue and Chicago Street (Parcel #'s R3537301100 and R3537301200) in Caldwell, Idaho. Case Number ZON-16-06: A request by 21st And Chicago, LLC and Matthew Witt to rezone 7.01 acres, more or less,from M-1 (Light Industrial)to C-3 (Service Commercial)with a Development Agreement. The subject property is located at 414 N. 21st Avenue in Caldwell, Idaho. V. Next Hearing Examiner Public Meeting Date: Tuesday, November 8, 2016, at 7:00 p.m. VI. Adjourn SUGGESTIONS FOR TESTIFYING AT PUBLIC HEARINGS 1. Remember your objective...lt is your objective to persuade the decision makers to vote or decide in favor of your side of the issue.It will not help your cause to anger,alienate or antagonize the decision makers who are listening to your presentation. 2 Show your strength...Many neighborhood groups have organized their testimony by having one or a few people speak on behalf of the group.The leader will ask those in the audience supporting the testimony to stand.This conveys to the decision makers the seriousness with which the issue is viewed by the attending parties. 3 Speak to the point...Public officials have heard hundreds of people give testimony.They are grateful when the testimony is pertinent,well organized,and directly regards the matter at hand.Long stories,lectures or philosophy,abstract complaints about generalities,or redundant testimony are usually a poor use of time. 4. State your recommendation. 5. Be informed....Get a copy of the plan being heard,the staff report,the proposed ordinance,or other pertinent material.Then read it and plan your comments accordingly. 6. If you don't wish to speak,write it down...and submit it prior to the hearing.If written testimony is specific,to the point and concise,it will be given as much attention as oral 7. Be testireaemonony. able....Put yourself in the shoes of the decision makers.They must balance all points of view,interests and proposals being made,and find the best course for the overall public good.While.Be prepared to compromise. Any person needing special accommodations to participate in the meeting should contact the City Office at(208)455-4667 prior to the meetingute. Cuelqr persona necesitando comodidades especletes para perticiper en le reunion debe contactor al las ofidnes dela Ciudad o(lame a(208) 455-4667 antes de la reunion. ,s?:' �..�`3, �.., - ^: . ,;��' .. :� ,cv ,m;- :aa- ,'f .-a .s-tee'.? ,v rte» _,_`„>`'