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HomeMy WebLinkAbout2020-03-16 Hearing Examiner minutes • • Regular Caldwell Hearing Examiner Minute 9 934, Tuesday,January 14, 2020, 7:00 p.m. 4Q Community Room, Caldwell Police Department 110 South 5th Avenue,Caldwell, Idaho •Zo Call to Order- Hearing Examiner, Mr. Bruce Eggleston opened the meeting for the public hearing at 7:01 p.m. H. Review of Proceedings-Mr. Bruce Eggleston outlined the procedures for the public hearing. Members Present: Bruce Eggleston (Hearing Examiner); Debbie Root(Senior Planner); Jerome Mapp (Planning and Zoning Director); Robb MacDonald (City Engineer); Lori Colligan (Administrative Assistant) Members Absent: III. Consent Calendar: Mr. Eggleston approved the Minutes of the November 11, 2019 meeting as previously signed by the Hearing Examiner. IV. Old Business: 1. Case Number ANN-19-14&SUB-19P-08:A request by Trilogy Idaho and Kent Brown to annex 34.7 acres, more or less,with an R-2 (Medium Density Residential) zoning designation with an Annexation Agreement,and for Preliminary Plat approval of Marblefront West Subdivision consisting of 34.7 acres, more or less,to be subdivided into 132 residential lots and 16 common lots. The subject property is located on the south side of Marble Front Road,approximately 1,800 feet east of Aviation Way(Parcel R3527900000) in Caldwell, Idaho. Testimony: Debbie Root,Senior Planner, 621 Cleveland Blvd.,Caldwell, ID 83605,stated the applicant requesting to annex approximately 34.7 acres with an R-2 (Medium Density Residential) zoning designation and approval of a Preliminary Plat for Marblefront West Subdivision, consisting of 132 single-family residential lots and 16 common lots. There is some regard by staff to include bikeways/pathways to include connectivity. It is consistent with the comprehensive plan. Mr. Eggleston asked about pathways within the project. There is the opportunity to connect to the school close by. He wondered if anyone had spoken to the school about connectivity. Ms. Root stated she has not had a conversation with the school. Mr. Eggleston asked the city engineer if he had any comments on pathways or the project. Hearing Examiner Minutes January 14, 2020 Mr. MacDonald stated they have been working closely with the school district and have had conversations about how the kids would get to school. He suggests some type of crossing for this purpose. Mr. Kent Brown, 3161E.Springwood, Meridian, ID (applicant) stated there is commercial property to the south owned by St. Luke's. Marblefront sub is in this area and has been approved with R-2 zoning. Regarding condition 12.4-it calls out an 8 ft wide pathway along the Solomon drain that takes you across Smeed then somehow get across to the school side. They have an out parcel to North and the St. Luke's property to the South. Staff has a number of conditions and they are in agreement with them. Mr. Eggleston stated the 2040 Bike Plan shows that this site is contiguous to a proposed pathway along the Solomon drain that they have accommodated quite well.Also,Smeed has a bike lane proposed. He asked if Mr. Brown has taken a look at that. Mr. Brown stated that they were part of the conditions. Mr.Shawn Brownlee, 9839 E.Cable Car St. Boise, Idaho signed in favor but chose not to speak. Mr. Keith Steffenhagen, 4422 Marblefront, Caldwell, Idaho (neutral)stated he is not opposed to development but he does have concerns with ingress/egress which is close to his property. His other concern is the children crossing Smeed Parkway. He would like a recommendation for this subdivision to be zoned R-1. Mr. Eggleston stated he would take that into consideration. Jennifer Bowron, 714 Mason Road,Caldwell, ID (neutral) stated she lives north of the proposed subdivision. Her concern is there will be three subdivisions all going in on Marblefront and she wants to know if it will be widened to accommodate all the families that are moving in.There are a ton of kids that walk every day and she's worried for these ? kids. Also, is the City going to annex in Mason Road or are they stopping at that subdivision. Mr. MacDonald stated he is not aware of any annexations proposed north of Marblefront. That doesn't mean something may not come in the future. Currently,the development we are seeing is still South of Marblefront Road. The improvements that are required for each of these subdivisions include frontage improvements and widening of Marblefront Road. When Marblefront Road is complete it will be a three lane road with bike lanes and sidewalks on both sides and that should mitigate a lot of the concerns. Right now it is a rural road and there are a lot of safety concerns. These developments help establish the roadways and build that infrastructure. Ms. Bowron had another question about a possible connection between the Voyage Crossing and the new subdivision;will they connect or stay separate. Mr. MacDonald stated there will be a connection from subdivision to the other. Hearing Examiner Minutes January 14, 2020 Cindi Simpson,4500 Marblefront Road, Caldwell, ID (opposition) stated that she has been here before to ask the commission to consider the beauty that is on Marblefront Road. She understands that development is inevitable but she would like the city to consider and make it a priority to keep the pristineness of Marblefront Road. She doesn't feel two subdivisions is the answer. She realizes there is a lot of need for housing, but they will be experiencing the impact. There is no light on KCID Road for a couple more years. There is going to be a lot of traffic. For those suffering the impact,they chose the area for the beauty and the peacefulness. Building and rezoning to max capacity is nothing more than greed and lack of vision to build Caldwell into the treasure of our valley. Caldwell has such potential. She doesn't feel this is the answer for her area. April Long,4112 Marblefront Road, Caldwell, ID (opposition) stated that she has an acre and a horse and lives in a 1930's home.She has 50 year old trees on her property line where they are proposing to build. (Exhibit PZ-1001). They cannot cross their property from one side to the other because of the Horton lateral. She is not opposed to development.When she bought her property she was surrounded by farmland. Hayden Homes has agreed to allow them access. The problem is on the other side there are 50 year old trees and a septic. Mr. Brown was not forthcoming with information and she is very stressed about her future. She does agree that R-1 would be better suited for that area.She is not opposed but wants to be able to access her property. She is worried about the side access. Mr. Eggleston asked if she had spoken to the current property owner. Ms. Long said the only person she had ever seen was the farmer who works the land. Kirby Clendenon, 4520 Marblefront Road, Caldwell, ID (opposition) stated since he has lived in this area and development has taken place they realize that development will take place. They are fine with the schools next to them. Last year they disputed the R-2 designation for a subdivision close by. He is arguing that this is a rural area and he would like to see it stay R-1.The traffic is already getting worse. It's going to be like a freeway out there, and they feel they have been encroached upon. They feel they should come back with an R-1 proposal. Rebuttal: Kent Brown stated that if you understand how comp plans take place and how it then gives each land different designations. Marblefront is a low density area so asking for R-2 may not have been appropriate. He understands that other subdivisions probably shouldn't have been a higher density. Regarding the property with easement,April approached him at the neighborhood meeting and prior to the meeting stating there was an easement. He went back to his clients and tried to find one but there wasn't one.She stated there was a ditch company easement and they tried to find that and there wasn't one.There is currently a pipe in the ditch,they could go up the ditch easement to get to the back if they had to or they could put a pipe in. On her own property she can access what she needs,there isn't any existing easement. They feel very consistent that this needs to be R-2 and it is consistent Hearing Examiner Minutes January 14, 2020 with the comp plan. That is why they looked at this property. Traffic will be addressed. Marblefront will be widened. Mr. Eggleston asked if he had a discussion with the Long family about the easement. Mr. Brown said he asked his client if there was an easement and there wasn't. Mr. Larry Hoobery, 618 Mason Road, Caldwell, ID (opposed)stated that he has lived there since 1985. Traffic is bad. He said it is a two lane road with no sidewalk. There are a ton of kids, bicycles, and people walking on that road now with no sidewalk. Traffic has increased exponentially. He would like to see no development but would rather see it go to R-1. Rebuttal: Kent Brown,stated again,as part of the conditions of approval they have been asked to improve the section of the road that is not adjacent to their property.That is one of the reasons we asked for the last meeting to be tabled so we could discuss this and have a clear understanding as to how the City plans to implement off-site improvements. It is consistent with the comp plan. Some place has to make the transition and this is that point. MR.EGGLESTON CLOSED THE PUBLIC TESTIMONY. Mr. Eggleston stated there has been a lot of conversation about this property. It does comply with the comprehensive plan. ANNEXATION: Comprehensive Plan Analysis for ANN-19-14(Annexation):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ANN-19-14(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-19-14(Annexation):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ANN-19-14: The Hearing Examiner RECOMMENDED that Case Number ANN-19-14(Annexation) BE APPROVED with the following conditions: 8.2 and 8.3 PRELIMINARY PLAT: Comprehensive Plan Analysis for SUB-19P-08 (Preliminary Plat): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUB-19P-08 (Preliminary Plat):The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Hearing Examiner Minutes January 14, 2020 Conclusions of Law for SUB-19P-08 (Preliminary Plat): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR SUB-19P-08:The Hearing Examiner RECOMMENDED that Case Number SUB-19P-08 (Preliminary Plat) BE APPROVED with the following conditions: 12.2 thru 12.21 2. Case Number ANN-19-15,ZON-19-05 &SUB-19P-09:A request by JUB Engineers and Wendy Shrief to annex 41.5 acres,more or less,with an R-2 (Medium Density Residential) zoning designation and rezone 6.3 acres,more or less,from R-1 (Low Density Residential)to R-2 (Medium Density Residential)with a Development Agreement, and for Preliminary Plat approval of Masterson Ranch Subdivision consisting of 47.8 acres,more or less,to be subdivided into 175 residential lots and 10 common lots. The subject property is located at the southwest corner of Middleton Road and the future Skyway Street extension (Parcels R34318010A0 &R3431801000) in Caldwell, Idaho. Testimony: Debbie Root, Senior Planner, 621 Cleveland Blvd., Caldwell,ID 83605,stated the applicant requesting to annex approximately 41.5 acres,with an R-2 (Medium Density Residential) zoning designation, rezone approximately 6.3 acres from R-1 (Low Density Residential)to R-2 (Medium Density Residential) and approval of a Preliminary Plat for Masterson Ranch Subdivision,consisting of 175 residential lots. The annexation and preliminary plat are consistent with the comprehensive plan. Mr. Eggleston asked Mr. MacDonald if he touched on the topic of bike and ped pathways with the applicant. Mr. MacDonald replied no but pathways fall under the jurisdiction of Planning and Zoning, the Engineering Department deals more with roadways. Ms. Wendy Shrief,JB Engineers, 250 S Beach Ave., Boise, ID (applicant) stated she is here with a couple of applications. They are requesting annexation of 4'acre parcel. There is a comp plan designation for medium density residential. There is a sliver to the north that is currently R-1 zoning(150 ft in width)and they are requesting R-2 zoning for this. They are also requesting a preliminary plat with 175 residential lots. They will have a centralized area with a playground and picnic area,they will provide 13.7%of usable open space. They are also putting in a pathway,this pathway will provide connectivity along Skyway. They will be doing roadway improvements along Skyway and Middleton Road. There will be micro paths throughout the subdivision. They are adjacent to an elementary school. To the northeast there is an existing subdivision- Delaware Park. And another one,Wagon Wheel that is also R-2. (Exhibit PZ-1001, PZ-1002, PZ-1003, PZ-1004 -photos of types of homes) Hearing Examiner Minutes January 14, 2020 Mr. Eggleston asked about the roundabout. Ms. Shrief stated that is correct,they will be dedicating right-of-way for the construction of the roundabout. They are aware of these developments and the corridor plan for this area. Mr. Eggleston asked if she has had discussions of pathways on the roadways. Ms. Shrief said they have discussed that. They will meet all city requirements. Mr. Eggleston stated with the school site to the west,will they anticipate crossing the drain and providing access to the school site? Ms.Shrief stated it is their preference and she believes the preference of the irrigation district that they do not provide a crossing there.They do provide a pathway that will connect the sidewalk that will be constructed along Skyway and that will be the access to the school. Mr. Eggleston asked if she had discussions with the school district about accessing the school property. Ms. Shrief stated no. Part of the reason they were putting the pathway on their side of the lateral was to provide connectivity to the school. Shawn Brownlee 9839 W Cable Car St., Boise, ID,signed in favor but chose not to speak. MR.EGGLESTON CLOSED THE PUBLIC TESTIMONY. ANNEXATION: Comprehensive Plan Analysis for ANN-19-15 (Annexation): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ANN-19-15 (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-19-15 (Annexation):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ANN-19-15:The Hearing Examiner RECOMMENDED that Case Number ANN-19-15 (Annexation) BE APPROVED with the following conditions: 8.2 and 8.3 Hearing Examiner Minutes January 14, 2020 REZONE: Comprehensive Plan Analysis for ZON-19-05 (Rezone): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ZON-19-05 (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-19-05 (Rezone):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ZON-19-05:The Hearing Examiner RECOMMENDED that Case Number ZON-19-05 (Rezone) BE APPROVED with the following conditions: 12.2 and 12.3 PRELIMINARY PLAT: Comprehensive Plan Analysis for SUB-19P-09 (Preliminary Plat):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUB-19P-09 (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-19P-09 (Preliminary Plat): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR SUB-19P-09: The Hearing Examiner RECOMMENDED that Case Number SUB-19P-09 (Preliminary Plat) BE APPROVED with the following conditions: 16.2 thru 16.17. Staff also requests the conditions set forth in the Engineering comments in January 10, 2020 memo. V. New Business: 1. Case Number ANN-19-16/SUP-19-22:A request by James Gibson to annex 30.4 acres, more or less,with a C-3 (Service Commercial)zoning designation with an Annexation/Development Agreement. Also being requested is a special-use permit to construct and operate a traditional mini-storage facility and RV/Outdoor Storage facility within the proposed C-3 (Service Commercial) zoning district. The subject property is located at 19933 Midland Boulevard(Parcel R3429500000) in Caldwell, Idaho. Testimony: Debbie Root,Senior Planner, 621 Cleveland Blvd.,Caldwell, ID 83605,stated the applicant has chosen to continue this case to the March 10, 2020 meeting. Hearing Examiner Minutes January 14, 2020 r Planning Issues-None The next regularly scheduled Hearing Examiner meeting is scheduled for March 10, 2020. Adjournment The Hearing Examiner adjourned the meeting at approximately 8:35 p.m. Respectfully submitted by Lori Colligan, MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, BRUCE EGGLESTON,ON THE DATE NOTED BELOW: > I , ,,. ID D Mr. Bruce Eggleston Date T: (-AV% / 7 De..'e Roo , Se or lanner Date For detailed Minutes,please request a copy of the digital recording. Hearing Examiner Minutes January 14, 2020