HomeMy WebLinkAbout2017-11-14 Hearing Examiner Minutes CITY OF CALDWELL
APPR V D
CALDWELL HEARING EXAMINER MINUTES �C 1 (4
Community Room, Caldwell Police Department
110 South 5th Avenue, Caldwell, Idaho
November 14, 2017, 7:00 P.M.
I. Call to Order—Hearing Examiner, Mr.Jerome Mapp, opened the meeting for the public hearing
at 7:06 p.m.
II. Review of Proceedings—Mr.Jerome Mapp outlined the procedures for the public hearing.
Members Present: Brian Billingsley (Planning Director)Jarom Wagoner(Senior
Planner/Development Team Leader); Robb MacDonald (City Engineer); Lori Colligan
(Administrative Secretary)
Members Absent: None
Old Business:
III. Mr. Mapp approved the Minutes of the September 12, 2017 meetings as previously signed by
Hearing Examiner Mapp.
IV. New Business:
1. Case Number ANN-17-01: A request by Joshua Dodson to annex 1.0 acres, more or less,
with an R-1 (Low Density Residential) zoning designation. The subject property is located at
4402 E. Homedale Road (Parcel# R3279301000) in Caldwell, Idaho.
Testimony:
Jarom Wagoner, Senior Planner, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff
report and stated that the applicant is requesting to annex approximately 1.0 acres into the City
of Caldwell with a zoning designation of R-1 (Low Density Residential). The applicant intends to
connect to city utility services.
Mr. Mapp asked what the purpose of the annexation was.
Mr. Wagoner indicated it was to utilize city services.
Troy Dodson, 4402 E. Homedale Road, Caldwell, Idaho testified the reason he is applying for an
annexation is to utilize the city utilities—water and sewer connections. There will be a 40 ft
right-of-way that he has been asked to dedicate. Part of that will go into 30 ft of the current
yard and there is a mound there with trees, landscaping and a fence. He wants to know who
will be responsible for removing all that.
Hearing Examiner Minutes
November 14, 2017 Page 1
Mr. MacDonald said that according to the Development Agreement it is the responsibility of
Windsor Creek Developers.
Mr. Mapp asked staff to confirm that information prior to the City Council meeting on
December 4.
Mr. Dodson asked about future development—sidewalk, curb and gutter—who would be
responsible for that.
Mr. MacDonald said it is his understanding that would also be the responsibility of Windsor
Creek.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis for ANN-17-01 (Annexation):The Hearing Examiner accepted the
comprehensive plan analysis as listed in the staff report.
Findings of Fact for ANN-17-01 (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-17-01 (Annexation):The Hearing Examiner accepted the
Conclusions of Law as outlined in the staff report.
ORDER OF DECISION FOR ANN-17-01:The Hearing Examiner RECOMMENDED that Case
Number ANN-17-01 BE APPROVED with the following conditions: 8.2 through 8.5 with the
additional caveat that staff will research Mr. Dodson's questions regarding the right-of-way and
have an answer prior to the City Council meeting on December 4, 2017.
2. Case Number ANN-I7-OS:A request by Willard Dugan to annex 1.0 acres, more or less, with
an R-1 (Low Density Residential) zoning designation. The subject property is located at 3504
College Avenue (Parcel# R3573700000) in Caldwell, Idaho.
Testimony:
Jarom Wagoner, Senior Planner, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff
report and stated that the applicant is requesting to annex approximately 1.0 acres into the City
of Caldwell with a zoning designation of R-1 (Low Density Residential). The applicant intends to
connect to city utility services.
Mr. Mapp asked if any surrounding properties would be landlocked.
Mr. Wagoner indicated no, they would not. They have access to Montana Avenue.
Mr. Willard Dugan, 3504 College Avenue, Caldwell, Idaho testified that he would like to annex
into the City to utilize City water.
Hearing Examiner Minutes
November 14, 2017 Page 2
Mr. Mapp asked Mr. Dugan if he understood the conditions in the staff report.
Mr. Willard Dugan was not sure.
Mr. Brad Dugan, 3521 College Avenue, Caldwell, Idaho testified that he is Mr. Dugan's son. He
reviewed the staff report with Mr. Willard Dugan, his father.
Mr. Brad Dugan testified that his father does understand the conditions in the staff report.
Mr. Brad Dugan does have a questions regarding condition 8.5 -connecting to water and
sanitary sewer. His father wishes to annex to acquire city water, but at this time sewer is not
needed. If there were any future improvements, then at that time they would hook up to
sanitary sewer.
Mr. MacDonald indicated he could annex into the City and connect to City water and at this
point he would not be required to tie into City sewer.
Mr. Mapp will remove the sewer portion from Condition 8.5.
Mr. Wagoner would like to make one additional change to Condition 8.3 regarding the 28 feet of
right-of-way from centerline. After talking with the City Engineer, it may not be needed to
require that much right-of-way. We would recommend adding the following language: or as
determined by the City Engineer. That would give the Engineer the ability to waive that.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis for ANN-17-05 (Annexation):The Hearing Examiner accepted the
comprehensive plan analysis as listed in the staff report.
Findings of Fact for ANN-17-05 (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-17-05 (Annexation):The Hearing Examiner accepted the
Conclusions of Law as outlined in the staff report.
ORDER OF DECISION FOR ANN-17-05:The Hearing Examiner RECOMMENDED that Case
Number ANN-17-05 BE APPROVED with the following conditions: 8.2 through 8.5 adding the
following wording to 8.3: or as determined by the Engineer and modifying condition 8.5 to take
out sanitary sewer.
3. Case Number ANN-17-04/SUB-17P-04: A request by Tim Mokwa and Hayden Homes to
annex 39.8 acres, more or less, with an R-3 (High Density Residential) zoning designation, a
Comprehensive Plan Map Change from Medium Density Residential to High Density
Residential, a development agreement, and for Preliminary Plat approval of Voyage North
Hearing Examiner Minutes
November 14, 2017 Page 3
Subdivision consisting of 39.8 acres, more or less, to be subdivided into 160 residential lots
and 22 common lots. The subject property is located at the southeast corner of Aviation Way
and Marble Front Road in Caldwell, Idaho.
Testimony:
Jarom Wagoner, Senior Planner, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff
report and stated that the applicant is requesting to annex 39.8 acres, more or less with an R-3
(High Density Residential) zoning designation and approval of a Preliminary Plat for Voyage
Crossing North Subdivision, consisting of 160 residential lots. Also being requested is a
Comprehensive Plan Map Change from Medium Density Residential to High Density Residential.
We have found the majority of the Comprehensive Plan map to be in compliance.The applicant
is requesting a change from medium density to high density residential and that is to afford
them the opportunity to have a more diverse lot size. They are looking at having some smaller
lots within the subdivision therefore requiring the R-3 designation. That allows them to have up
to a minimum of 5,000 sq ft vs 6,000 sq ft for the medium density residential. They do fall in
line with medium density residential in regards to density of approximately 4 dwelling units per
acre. High density allows up to 25 to 35 dwelling units per acre but that is more for apartment
type dwellings. This is a single-family dwelling community so we would recommend conditions
and portions of the development agreement that would limit the use, if this was approved, that
high density dwelling units would not be allowed or would require special use permit approval.
Mr. Mapp asked if a single-family development subdivision zoned R-3 could build multi units on
a number of lots if they were combined together.
Mr. Wagoner confirmed that was true if there were not conditions or if that was not placed in
the development agreement.
Mr. Mapp indicated the public needed to understand that these are single family dwelling units
on smaller lots. If they wanted to put in multi-family units (duplex or above) they would have
to get a special use permit.
Mr.Wagoner said that would be dependent on the development agreement. It could state
they would need a special use permit or it could state outright that it was not allowed.
Mr. Mapp asked about the Comprehensive Plan Map that was updated last year—what do they
reference in regards to density, mixed housing types, housing need, sizes.
Mr. Wagoner stated that it calls out maximum/minimum density in different zones. In a high
density zone 25 per acre is the max density. If it's a mixed housing development that can go up
to 35 per acre. In the R-2 Medium Density Residential the 4 dwelling units is a minimum, if it's a
mixed housing type that can increase up to 10 dwelling units per acre.
Mr. Mapp asked where we were in that mix with this request.
Hearing Examiner Minutes
November 14, 2017 Page 4
Mr. Wagoner stated regarding the housing type it is all the same - single family, approximately 4
units per acre. The average lot size is around 6,500 sq ft.
Mr. Mapp asked if the developer would still be required to meet the setback requirement in
regards to lot size and that the expectation is that there will not need to be any variances.
Mr. Wagoner indicated yes, that is correct.
Mr. Tim Mokwa, 1406 N. Main St., Meridian, Idaho testified that he is applicant and he is
proposing to develop this project in 4 phases. The density as proposed is 4.02 units per acre and
the average lots size is 6,342 sq feet. We are proposing 4.21 acres of usable common area. One
of the important components is the extension of Aviation Way north from its existing end at
Voyage Crossing phase 3 up to Marble Front. We would improve with curb, gutter and sidewalk
along the frontage and add curb, gutter and sidewalk along Marble Front on the frontage once
they reach those phases of the project. Both Marble Front and Aviation Way will have a
landscape buffer along the frontage. They have worked with Thompson Engineering for the
Traffic Impact Study through City staff. They analyzed the surrounding transportation system
based on current underlying traffic, 2025 traffic(assuming this project didn't get built) and 2025
traffic (assuming this project did get built).
They plan to be the sole builder of homes in this project. The only reason for them to request
High Density R-3 is to allow the 5,000 sq ft lots. They will not request a variance to any setbacks
to build a larger home on these lots. They have already planned the models to go into this
subdivision and are only interested in single-family homes.
Mr. Mapp asked if they have reviewed the staff report and if they are in agreement with the
conditions.
Mr. Mokwa said yes.
Mr. Mapp stated for the record that in the valley affordability has been one of the major
challenges in housing for people and we as a City can't dictate the cost of the housing units.
Cities do not have that authority, but we always encourage a mix of housing types scattered
throughout the City.
Zachri Jensen, 1686 S Loggers Pond Place, Boise, Idaho signed up in favor but chose not to
speak.
John Carpenter, 332 N. Broadmore, Nampa, Idaho signed up in favor but chose not to speak.
Ryan Goff, 3423 Marble Front Rd., Caldwell, Idaho testified that what is happening here seems
to be a recurring thing in Caldwell.
Mr. Mapp asked what he was referring to.
Hearing Examiner Minutes
November 14, 2017 Page 5
Mr. Goff stated starting off opinion based, things that have happened in Caldwell seem to be
happening again. We keep repeating the same thing wanting to develop the downtown and
wanting Caldwell to be a destination we keep doing the same thing over and over to make it
where certain housing in the future is not very respected.
Mr. Goff said his kids are in the Caldwell School District. If that's the case, then simple math is
320 cars. There's a 20 mph speed limit with the school and further to the west are blind corners
that definitely couldn't handle traffic which if this type of home goes in, he would assume
Caldwell stays a commuter city based on that. People trying to get to the freeway would not be
a safe road.
Mr. Mapp said the only thing he could tell him is that the level of service - there are A, B, C, D, E
and F levels of service. This was a level A or B, which is good and there's not a change of that
level of service as of today. As the area grows that level may fluctuate but as it is right now,
based upon the staff report and testimony, they are in an A or B.
Mr. Goff asked where that level of service is coming from.
Mr. Mapp indicated Mr. Mokwa could respond to that as part of his rebuttal but it's basically the
project area. But he could tell you what the boundaries were.
Mr. Mapp asked Mr. Goff when he said Caldwell keeps doing this—the same thing. What does
he mean by that.
Mr. Goff said not too long ago there was a hotel to be developed there and he's not sure why
that fell through but looking at the homes they are building there are several things that go
through his mind. Obviously, we continue our growth based on the economy. When you look
around Caldwell at certain situations here we have a bunch of people who have come to the
area and want to take advantage of growth. Until they tie up that ground and that growth is no
longer valuable. So, it sits vacant for quite a while until it's sold at a lower price and then in
return you have the neighborhoods that you're not necessarily looking for in Caldwell. It's hard
to say we want this type of growth or not. He understands there is going to be growth but in
hindsight as Caldwell develops, and he's a big proponent of Caldwell, he loves the things
Caldwell is doing, and looking at this it would go against what he thinks Caldwell is going for
right now.
Mr. Mapp indicated he is still not understanding what he means when he says they are "doing
the same thing." He doesn't know what that is.
Mr. Goff said the question is why does it have to be low-income housing. Does Caldwell not
support medium-income housing? That would be my point, sir.
Andrea Goff, 3423 Marble Front Rd., Caldwell, Idaho signed up in opposition but chose not to
speak.
Hearing Examiner Minutes
November 14, 2017 Page 6
Brad Goff, 3410 Lincoln Rd., Caldwell, Idaho testified that he has a lot of the same feelings as his
brother Ryan who just testified and he is in opposition of the project. He was born and raised in
Caldwell and is a current resident. Where the subdivision lays, he was born and raised less than
a quarter mile away. Caldwell is becoming a low income housing area and we're very involved
in the community and in the growth of it. He would like to see the development happen but
would ask to see projects like this one not have the high-density housing. He thinks it needs to
be low-density housing, maybe medium-density but bring up a higher standard to some of the
area. There's already a lot of medium density housing in the area and he can tell you that driving
through it and commuting every day it is very, very congested. Every morning during peak
travel times it is getting very dangerous to get on those roads. He's not sure what the A & B
traffic pattern is but he can tell you if you were out there waking on it it's dangerous. He
understands development is going to happen and he's good with that and he likes it but he
would strongly urge you to consider that high-density housing not happen. The area has enough
of it. He just asks that the high-density housing does not get approved.
Mr. Mapp said they are looking at 2300 sq ft homes and that is not small, but you have a type of
housing that you want in Caldwell—what is that? How many sq. ft?
Mr. Goff replied that he's not concerned so much with the size it's just the density of the people
going in there accessing the roadways whether the study says they can or can't handle it.
Mr. Mapp replied that when they have subdivision applications that come in a lot of time they
don't do traffic studies. This applicant did a traffic study that showed that the level of service
would stay in the A and B range which is very good. Based upon the traffic study, which is part
of the record, there's not going to be major traffic concerns.
April Long, 4112 Marble Front Rd., Caldwell, Idaho testified that they just purchased that little
acre directly east and their barn is right up against the subdivision so that corner is their
property. The traffic is congested for that little 2-lane highway. None of that would
accommodate the traffic that they are considering. She really thinks they should reconsider and
put it as medium-density at a minimum. She has had to look into a minimum of 10 to 15,000
for fencing to protect her grandchildren from the traffic that she did not except. She apologizes
she didn't do her due diligence or she would have known maybe. Please reconsider the high-
density.
Rebuttal: Mr. Tim Mokwa, 1406 N. Main St., Suite 109, Meridian, Idaho testified that he sees
this as a very desirable area. With the extension of Aviation Way to a traffic signal at Hwy 20/26
and close to exit 29, it's a very desirable area and close to downtown and that's why we are so
interested in this area. We've built phases 1 through 3 already at Voyage and it's been very
successful. As far as the school traffic pattern, they hired a traffic engineer to do a study and
they evaluated KCID Road and Marble Front intersection and Vista Park Drive and Aviation Way
intersection. They studied both of those for both 2017 existing traffic, 2025 background traffic
(projected traffic without this project) and 2025 total traffic (projected with this project). As
part of their analysis they pulled crash data from one of the transportation boards they also
Hearing Examiner Minutes
November 14, 2017 Page 7
pulled background information from COMPASS and they did some traffic counts themselves.
One other thing he would like to comment on is all three speakers in opposition brought up
issues about low-income housing. He indicated there is a distinction between low-income
housing and affordable housing. 1400, 1500 and 2200 sq ft homes are not necessarily a small
home. The prices these houses are being sold at they are not Section 8 housing or low-incoming
housing. Someone mentioned medium-density would be appropriate but high-density was not.
He thinks it's important to note the density they are proposing meets the threshold that's
established in the Comp Plan for medium-density housing which is the 4 units per acre.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis for ANN-17-04(Annexation &Comprehensive Plan Map Change):
The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report.
Findings of Fact for ANN-17-04 (Annexation &Comprehensive Plan Map Change):The Hearing
Examiner accepted the general facts as outlined in the staff report, public testimony, and the
evidence list.
Conclusions of Law for ANN-17-04(Annexation &Comprehensive Plan Map Change):The
Hearing Examiner accepted the Conclusions of Law as outlined in the staff report.
ORDER OF DECISION FOR ANN-17-04:The Hearing Examiner RECOMMENDED that Case
Number ANN-17-04(Annexation & Comprehensive Plan Map Change) BE APPROVED with the
following conditions: 8.2 and 8.3
Comprehensive Plan Analysis for SUB-17P-04 (Preliminary Plat): The Hearing Examiner accepted
the comprehensive plan analysis as listed in the staff report.
Findings of Fact for SUB-17P-04(Preliminary Plat):The Hearing Examiner accepted the general
facts as outlined in the staff report, public testimony, and the evidence list.
Conclusions of Law for SUB-17P-04(Preliminary Plat):The Hearing Examiner accepted the
Conclusions of Law as outlined in the staff report.
ORDER OF DECISION FOR SUB-17P-04:The Hearing Examiner RECOMMENDED that Case
Number SUB-17P-04 BE APPROVED with the following conditions: 12.2 through 12.17
V. Planning Issues—None
a. The next regularly scheduled Hearing Examiner meeting is scheduled for January 9, 2018
Hearing Examiner Minutes
November 14, 2017 Page 8
VI. Adjournment
The Hearing Examiner adjourned the meeting at approximately 8:48 p.m.
Respectfully submitted by Lori Colligan,
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M.JEROME MAPP, ON THE DATE
NOTED BELOW:
i ��' f L J ATTEST:
r.Jerome . ••
Jarom Wagoner, Se ' r Planner/Development Team Leader Date
For detailed Minutes, please request a copy of the digital recording.
Hearing Examiner Minutes
November 14, 2017 Page 9