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Home My WebLink About2019-01-08 Hearing Examiner Minutes APPROVED CITY OF CALDWELL CALDWELL HEARING EXAMINER MINUTES Community Room, Caldwell Police Departmenhate_f ' f 110 South 5th Avenue, Caldwell, Idaho J January 8, 2019, 7:00 P.M. 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: Brian Billingsley (Planning Director); Jarom Wagoner(Senior Planner/Development Team Leader); Robb MacDonald (City Engineer); Lori Colligan (Administrative Secretary) Members Absent: Old Business: III. Mr. Mapp approved the Minutes of the November 11, 2018 meeting as previously signed by Hearing Examiner Mapp. IV. New Business: 1. Case Number SUP-18-16:A request by Servando Marquez-Delgado for a special-use permit to allow for the Outdoor Storage of pallets in association with a pallet construction company within the M-1 (Light Industrial) Zone. The subject property is located at 3417 E. Chicago Street(Parcel R3531201500) in Caldwell, Idaho. Testimony: Jarom Wagoner,Senior Planner, 621 Cleveland Blvd.,Caldwell, ID 83605,stated the applicant asked Lori Colligan,Admin. Secretary if someone could interpret for him. We do not have an interpreter available tonight. If he has someone with him to interpret then we can go ahead if not we will need to postpone to when we have an interpreter available. Mr. Marquez was sworn in. Ms. Marquez (daughter)was sworn in. Mr. Mapp explained the situation and Mr. Marquez would like to postpone to a later date. Hearing Examiner Minutes January 8, 2019 2. Case Number SUP-18-20: A request by Roy Lujan and Caldwell Friends Church for a special-use permit to allow a duplex within the H-D (Hospital District) Zone. The subject property is located at 1823 S. 10th Avenue (Parcel R3543700000) 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 special use permit to allow a duplex within the H-D (Hospital District) zone. Mr. Mapp confirmed they are requesting to convert single family to a duplex. Mr.Wagoner stated it was illegally converted to a triplex and they want to convert to a duplex. Mr. Roy Lujan, 1814 Howard Ave. Caldwell, Idaho stated that they purchased the property when a former church member passed away. When they purchased the property there were two apartments; the third was never fully converted. Mr. Mapp asked where the two apartments were located. Mr. Lujan explained where they were. Mr. Mapp asked if he had read the staff report. Mr. Lujan stated yes. MR.MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for SUP-18-20 (Special Use Permit): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-18-20 (Special Use Permit):The Hearing Examiner accepted the general facts as outlined in the staff report,public testimony, and the evidence list. Conclusions of Law for SUP-18-20 (Special Use Permit):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR SUP-18-20:The Hearing Examiner ORDERED that Case Number SUP-18-20 (Special Use Permit) BE APPROVED with the following conditions: 8.2 through 8.4 Hearing Examiner Minutes January 8, 2019 3. Case Number SUP-18-19: A request by Jason&Kayla Rich for a special-use permit to construct and operate an RV Park within the R-3 (High Density Residential) Zone. The subject properties are located at 4918&4920 Laster Lane (Parcels R3246600000& R3246700000) in Caldwell, Idaho. Testimony: Jarom Wagoner,Senior Planner, 621 Cleveland Blvd., Caldwell, ID 83605,stated the applicant is requesting special use permit approval to construct and operate an RV Park within the R-3 (High Density Residential) zoning district. The site was recently rezoned to R-3 (High Density Residential) the intent was to develop apartments and that did not come to fruition and the current owners are requesting to develop an RV Park. Staff is recommending a number of conditions to include landscape buffers. Ms. Kayla Rich, 745 S. Black Cat Rd., Meridian, Idaho stated she wanted to design an RV Park with approximately 120 units. Many of the RV Parks in this area are full and have waiting lists. They are allowed to limit who comes in to stay by the year of the RV. They will have staff working 24 hours a day. Traffic would be similar to what an apartment complex would be. There have been drastic changes in the RV industry recently. It would be a great benefit to have a state of the art RV park in our community. Mr. Mapp asked if there other parks like this in the area. Ms. Rich stated yes,some are older and have tight turn radiuses and lower amps. Mr. Mapp asked about green space. Ms. Rich stated that each spot will have their own grassy area and picnic table.There will be green space around the clubhouse area and a child's play area and dog run. There will also be landscape buffers. Mr. Mapp asked if there is a place for residents to walk around. Ms. Rich stated yes. Mr. Mapp asked about lighting on site. Ms. Rich stated there will be a nice balance to allow for a sense of safety for the residents but they will also be mindful of the neighbors. The landscape buffers will also help with that. Mr. Mapp asked about other amenities. Hearing Examiner Minutes January 8, 2019 Mr. Rich stated they would have a sewer dump, propane facility,clubhouse with showers and game room. Mr. Mapp asked where the signage would be located. Ms. Rich stated they have spoken with Planning&Zoning staff and they will be in compliance with code. Mr. Mapp asked if she has read the staff report and does she agree with the conditions. Ms. Rich stated yes. MR.MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for SUP-18-19 (Special Use Permit):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-18-19 (Special Use Permit):The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for SUP-18-19 (Special Use Permit):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR SUP-18-19: The Hearing Examiner ORDERED that Case Number SUP-18-19 (Special Use Permit) BE APPROVED with the following conditions: 8.2 thru 8.6 4. Case Number ZON-18-10 &SUB-18P-07:A request by Trilogy Development and Katie Miller to rezone 62.6 acres, more or less, from R-1 (Low Density Residential) to R-2 (Medium Density Residential),a Comprehensive Plan Map Change from Low Density Residential to Medium Density Residential with a development agreement, and for Preliminary Plat approval of Marblefront Subdivision consisting of 62.6 acres,more or less,to be subdivided into 261 residential lots. The subject property is located at the southwest corner of KCID Road 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 rezone approximately 62.6 acres from R-1 (Low Density Residential)to R-2 (Medium Density Residential) and approval of a Preliminary Plan for Marblefront Subdivision, consisting of 261 single-family residential lots. Hearing Examiner Minutes January 8, 2019 Mr. Mapp asked the City Engineer about a long stretch of a road that could be a raceway and what can they do. Mr. MacDonald stated they could look at that and visit with the applicant and see what can be done. Mr. Mapp asked about the bridge that would be required. There are spots along the canal adjacent to the proposed school site. How will the location be decided? Mr.Wagoner stated the original thought was to locate it near the open space. Mr.Wagoner stated they received a letter he would like to read on her behalf(PZ-1000). Mr. Mapp asked about a previous application on this property. Mr.Wagoner stated he could do some research on that. Ms. Katie Miller (applicant) 4242 N Brookside Lane, Boise, Idaho stated that they are proposing the Marblefront Subdivision. Virginia Park is to the East and was approved as an R-1 but under the old zone.They have 6.4 acres of open space, 3 large park areas and there will be amenities; tot lot and the bridge. There will be landscape buffers along Marblefront and KCID. Phasing plan-phase 1 is a large phase with 66 lots and a pedestrian bridge. Full build out will be approximately 8 years. There will be single and two story options. Average lot size is 7,000 sq ft. Golden View was the previous plat that was approved with consistent density. Mr. Mapp asked if they would work with the Engineer about the raceway road. Ms. Miller state yes. Brian Barber, (opposed) 324 N. KCID Road, Caldwell, Idaho stated he has a couple concerns; one regarding the underground. And the other is R-2 zoning and he feels it will lower the quality of the area. Kirby Clendenon, (opposed) 4520 Marblefront Road,Caldwell, Idaho presented a photo of where he lives (PZ-1001). He lives on the western end of the development. His biggest concern is that it was previously approved. Anything approved previously is not a fair comparison. The size of a lot with R-1 zoning is 8,000 and R-2 is 6,000 he doesn't approve of the lots being 6,000. That is not what he wants to see in his neighborhood and he wants to make sure their water rights are protected. They were assured it would be. This project was represented to them at the meeting as R-1. They checked out code and found that R-1 was single family and 8,000 sq feet. Duplexes and smaller lot sizes are allowed in R-2. Hearing Examiner Minutes January 8, 2019 Mr. Mapp stated there allowed uses and there are special use permits. The applicant is requesting to go from R-1 to R-2. It is not guaranteed but it is what they requested. Ms. Katie Miller (applicant/rebuttal) 4242 N Brookside Lane, Boise, Idaho (rebuttal) stated they are proposing single-family lots with the R-2 dimensional standards. Some of the portion of the South was incorporated. It is consistent with what was previously approved and what is currently surrounding it. MR.MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ZON-18-10 (Rezone):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ZON-18-10 (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-18-10 (Rezone): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR ZON-18-10:The Hearing Examiner RECOMMENDED that Case Number ZON-18-09 (Rezone) BE APPROVED with the following conditions: 8.2 thru 8.3. Comprehensive Plan Analysis for SUB-18P-07 (Prelim Plat): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUB-18P-07 (Prelim 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-18P-07 (Prelim Plat): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR SUB-18P-07:The Hearing Examiner RECOMMENDED that Case Number SUB-18P-07 (Prelim Plat) BE APPROVED with the following conditions: 12.2 through 12.5 and 12.5 to state the pedestrian bridge shall be negotiated between the school district and the developer. 12. 6 through 12.16 as written. Hearing Examiner Minutes January 8, 2019 5. Case Number ZON-18-11: A request by Caldwell Urban Renewal Agency to rezone 20.12 acres, more or less, from C-3 (Service Commercial) to M-1 (Light Industrial). The subject property is located directly west of the intersection of Smeed Parkway and Thomas Jefferson Street (Parcel # R3530701000) in Caldwell, Idaho. Testimony: Brian Billingsley, Director, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report and stated that the applicant is requesting rezone approximately 20.12 acres from C- 3 (Service Commercial) to M-1 (Light Industrial). The property was zoned M-1 many years ago. The previous owner re-zoned it to C-3 but his plans fell through. We are asking to zone it back to M-1. Mr. Steve Fultz,4814 E. Linden Road, Caldwell, Idaho stated this past summer the Caldwell Urban Renewal was approached by a prospective business. Free Hold had no desire to develop and asked us if we would be interested in purchasing. We have a potential business who is very desirous of this area for manufacturing. Mr. Mapp asked about access. Mr. Fultz stated they are looking at one access point. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ZON-18-11 (Rezone): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ZON-18-11 (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-18-11 (Rezone): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR ZON-18-11:The Hearing Examiner RECOMMENDED that Case Number ZON-18-09 (Rezone) BE APPROVED with the following conditions: 8.2 thru 8.6. V. Planning Issues-None a. The next regularly scheduled Hearing Examiner meeting is scheduled for April 9, b. 2019. Hearing Examiner Minutes January 8, 2019 VI. Adjournment The Hearing Examiner adjourned the meeting at approximately 9:30 p.m. Respectfully submitted by Lori Colligan, MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M.JEROME MAPP,ON THE DATE NOTED BELOW: Mr erome p Dat ATTEST: Jarom Wagon r,S for Planner/ Development Team Leader Date For detailed Minutes,please request a copy of the digital recording. Hearing Examiner Minutes January 8, 2019