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HomeMy WebLinkAboutHE Minutes 09-28-20211 Hearing Examiner Minutes 09/28/2021 Regular Caldwell Hearing Examiner Minutes Tuesday, September 28, 2021, 7:00 p.m. Community Room, Caldwell Police Department 110 South 5th Avenue, Caldwell, Idaho I. Call to Order – Hearing Examiner, Mr. Bruce Eggleston opened the meeting for the public hearing at 7:00 p.m. II. Review of Proceedings – Mr. Bruce Eggleston outlined the procedures for the public hearing. Members Present: Deb Root (Senior Planner); Katie Phillips (Associate Planner); Cynthia Brogdon (Administrative Assistant) Members Absent: Jerome Mapp (Director P & Z); Robb MacDonald (City Engineer) III. Consent Calendar: 1) Mr. Eggleston approved the Minutes of the August 24 2021 meeting. IV Old Business: 1) Case Number ANN21-000001/PUD-21-000001: A request by T-O Engineering, on behalf of Brady Lasher, for an Annexation, Planned Unit Development and a Preliminary Plat for Enclave Subdivision, a mixed use (single-family, multi-family and commercial) development with a zoning designation of H-C (Highway Corridor) zone on parcels R32795 and R32795010 containing 45.62 acres. The proposed development consists of 96 single-family lots, 1 multi-family lot comprised of eight structures containing 204 units, two commercial lots including a retail/service development and a mini-storage facility, one lot designated for RV Parking, and 15 common lots. The 2040 Comprehensive Plan designation is H-C (Highway Corridor). The subject properties are located 1,500 feet west of the intersection of HWY 55 and Midway Road on the south side of Hwy 55 in Caldwell, ID. Testimony: Mr. Eggleston continued this case to the November 9, 2021 Hearing Examiner meeting. IV New Business: 1) Case Number SUP-21-07: A request by Dana Vance for a Special Use Permit to construct an Electronic Message Center in an R-1 (Low Density Residential) zone on parcel R35626000. The property is located at 400 E. Linden Street. Testimony: Kate Phillips (Associate Planner) at 621 Cleveland Blvd., Caldwell, ID stated that this request is for a Special Use Permit approval for an Electronic Message Center at Wilson Elementary School located at 400 East Linden Street. The property is zoned R-1 and the Comprehensive Plan is actually public. The total square footage of the proposed Electronic Message Center is 20.88 square feet. The total square footage of the sign is approximately 44.5 square feet. 2 Hearing Examiner Minutes 09/28/2021 The total height of the sign is 13 feet 10 inches with the message center display at eight feet. The sign will be double sided and fully programmable as well as dimmable. The location of the sign will be along 10th Ave. Landscaping around the sign is required and the applicant has provided a landscape plan. The sign will not encroach on any portion of the right of way, nor will it be located within any vision triangle. The request is consistent with city code, goals and policies. Dana Vance (Applicant) at 120 North 21st Ave., Caldwell, ID 83605, stated that she is here today to get permission to put in an Electronic Message Center so the school can communicate with students, teachers, and parents in the community. Every school in town seems to have one of these. Mr. Eggleston asked if there is an existing sign. Ms. Vance responded no. Mr. Eggleston asked what are the hours of operation. Ms. Vance responded 24/7. In this particular case, they have positioned it on 10th, so the only people that can see it is the commercial property across the street. However, if there were to be any complaint from the neighbors they could have a discussion with the school and ask them to turn it down. Some schools do turn them off late at night. As they are fully programmable, that would not be a problem. Mr. Eggleston closed the public testimony Mr. Eggleston stated the proposed conditions of approval 8.5 refers to exhibit PA-1 in the staff report. There is a typo on that he will rectify with a condition of approval. Just noted that for the record. Comprehensive Plan Analysis for SUP-21-07 (Special Use Permit): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-21-07 (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-21-07 (Special Use Permit): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER FOR SUP-21-07 (Special Use Permit): The Hearing Examiner orders that Case Number SUP-21-07 BE APPROVED with the following conditions: 8.2-8.6 and the Hearing Examiner will modify condition 8.5 to read as follows: Applicant shall not place any portion of the sign, that is the post, the base, the sign, the head plate, etc. in the public-right-of way, and strike out what is in 8.5 and replace it with that statement. Mr. Eggleston concluded the public hearing. 2) Case Number SUP-21-06: A request by Jose Valdez for a Special Use Permit to construct an accessory structure that exceeds the square footage of the primary residence on 1.88 acres in an R-2 (Medium Density Residential) zone. The property is located at 3001 Georgia Avenue, Caldwell, ID, parcel R35848000. 3 Hearing Examiner Minutes 09/28/2021 Testimony: Kate Phillips (Associate Planner) at 621 Cleveland Blvd., Caldwell, ID 83605 stated that this request is for a Special Use Permit to construct an accessory structure greater in square footage than the primary residence located at 3001 South Georgia Ave. The subject property is zoned R-2 medium density residential and the Comprehensive Plan designation is the same. The existing house is 680 square feet, and the request for the accessory structure will be 1,800 square feet. The shop building will be 30 feet in width and 60 feet in length. The height of the structure will be 16 feet and be comprised of prefinished metal material. The applicant has indicated that the shop building will be used for storage of personal items. The staff is supportive of this request. Mr. Eggleston asked if the ordinance talks about a maximum square footage for an accessory structure. Ms. Phillips responded that it is up to the Hearing Examiner to make that determination. Mr. Eggleston asked if there is an upper limit or upper ratio. Ms. Phillips responded no. Mr. Eggleston asked if there is a total coverage requirement in the zoning code for structures versus open space on a parcel. Ms. Phillips responded no. James Jose Valdez (Applicant) at 2020 Kay Ave, Caldwell, ID 83605 stated that he is here tonight to see if he can get a Special Use Permit to build that building. He really needs that building for farm implements, tools and other equipment, to get them under storage and protected from weather. It will definitely make the neighborhood look nicer. Mr. Eggleston asked if he is going to put power to the building. Mr. Valdez responded no not now. Maybe in the future if they need power. Mr. Eggleston stated that would be something that he would look at if there was going to be external lighting. He would want to make sure that it did not shine on the neighbor’s property keeping them awake at night. He is going to add that as a condition as that is just being a good neighbor. He is also curious about the exterior. He asked what is the finish of the metal exterior. He asked if it would be smooth or ripple. He asked what kind of material is it. He asked what is the color. Mr. Valdez stated that the color is gray, a light gray. Mr. Eggleston stated that he just wanted it to blend in with the neighborhood. He asked what color is the roof. Mr. Valdez stated that it is a little lighter in color than the body itself. 4 Hearing Examiner Minutes 09/28/2021 Mr. Eggleston stated that he would add that as a condition. He would like to see nice subtle colors, neutral to blend in. Nothing crazy like bright red. Mr. Eggleston closed the public testimony Comprehensive Plan Analysis for SUP-21-06 (Special Use Permit): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-21-06 (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-21-06 (Special Use Permit): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER FOR SUP-21-06 (Special Use Permit): The Hearing Examiner orders that Case Number SUP-21-06 (Special Use Permit): BE APPROVED with the following conditions: 8.2-8.5 with the following amendments: 8.6 Exterior lighting shall not shine on the neighboring properties. 8.7 Exterior materials should be finished in neutral colors for the roofing and the siding. Mr. Eggleston concluded the public hearing. 3) Case Number SUP-21-05: A request by Salvador Madrigal for a Special Use Permit to construct an accessory dwelling unit on .31 acres in an R-1 (Low Density Residential) zone. The property is located at 2020 Ray Street. (R01383000) Testimony: Kate Phillips (Associate Planner) at 621 Cleveland Blvd., Caldwell, ID 83605, stated that this is a request for an accessory dwelling unit in an R-1 zone located at 2020 Ray Ave. The Comprehensive Plan designation is low density residential and a Special Use Permit approval is required for that zone. In June 2019, a building permit was issued for a covered deck. During the inspection process, a stop work order was issued, as the project appeared more extensive than the installation of a deck. In December 2019 a building permit was issued for an additional living quarters on the property. Planning and Zoning put the permit on hold until an application for a Special Use Permit was applied for and granted. The applicant is requesting a Special Use Permit to comply with city code. The staff is supportive of this request. Mr. Eggleston stated that one of the conditions of approval is that he comply with all applicable city codes, ordinances, policies and standards. He asked if this would include the building code. Ms. Phillips responded yes. Mr. Eggleston asked if someone from the city approved the building plans and it is all built essentially. Ms. Phillips responded yes. Mr. Eggleston asked if those plans have been approved and inspected and is all clearly within code as it is built. Ms. Phillips responded yes. A certificate of occupancy has not been issued because Planning and Zoning have not signed off on the permit. This is just one of the final steps needed to get that certificate of occupancy. 5 Hearing Examiner Minutes 09/28/2021 Mr. Eggleston asked if Ms. Phillips had something from the building department that shows this complies with the building code. Ms. Phillips responded that she does not have such an exhibit. She stated that the Hearing Examiner could make that a condition of approval. Mr. Eggleston stated that he would do that. He stated that it is hard to make a decision not knowing that it is complying 100% with the building code. Look at the zoning dimensional aspects of this. He asked if this fits the side yard, rear yard setbacks and height requirements in the zone. Ms. Phillips responded that it does comply. Mr. Eggleston stated that parking is always a consideration. It appears to have a 3-car garage. He asked if it meets the code for accessory dwelling unit. Ms. Phillips responded yes. An accessory dwelling unit shall provide a minimum of one parking space. The staff believes that the wide driveway accommodates that requirement. Mr. Eggleston asked about the parking requirements for a single-family residence in the R-1 zone and asked if it meets the code for street offsite-parking. Ms. Phillips stated that she would check on that. Mr. Eggleston stated that he just wants to make sure that they get all of the standards for parking before they move on. Ms. Phillips responded that the minimum parking for a single-family dwelling unit is two. Mr. Eggleston stated that they have a 3-car garage and then a large driveway for 3 spaces. The code allows required parking could be in the driveway. Ms. Phillips confirmed yes. Mr. Eggleston asked about front setback requirements. Ms. Phillips responded that there is no setback requirement for parking. Mr. Eggleston stated that it has been established that it does adequately meet the standards for parking. Salvador Madrigal (Applicant) at 2020 Kay Ave., Caldwell, ID 83605 stated that what he wants is to make an accessible dwelling unit as his son has special needs. He lives in Boise, but he would like him to come back home. He wants him to have his own separate unit from his parents. Ramsay Construction built the place. We believe that it is built correctly. Mr. Eggleston stated that the primary concern is for public safety. He asked if it meets all requirements, building codes and particularly questions the stairway that all is up to code and that it is structurally engineered. The concern is that it is the only way in or out. He wants to make sure that it is safe. The design looks good. It looks like it belongs with the house. He asked if it was finished, 99% or 100%? Mr. Madrigal responded that everything on the outside is finished. Nothing on the inside is done, only two by four walls. Still need electrical. It is just a shell. Those were bonded engineered trusses put there. Mr. Eggleston stated that it looks really good. He asked if he reroofed the whole thing. 6 Hearing Examiner Minutes 09/28/2021 Mr. Madrigal responded yes. Mr. Eggleston stated that the one part of the code here item six says, shall provide proof of ownership occupancy of the premises with the principal resident must be occupied by the owner of the parcel on which they are constructed at all times. The staff notes that you have provided a warranty deed establishing you are the owner and the occupant. The city allows this as a way to provide affordable housing and to help family members. It also tries to discourage it being a money making endeavor where you live somewhere else. It does add the caveat that you could live in the accessory dwelling unit, just as long as you live on the property. He asked staff if Mr. Madrigal moves away, does the Special Use Permit go with him or does it remain with the property. He asked how does that work. Ms. Phillips responded that the Special Use Permit remains with the property. Mr. Eggleston stated that the next owner of the property would not need to go through this process again. Ms. Phillips responded that is correct. Mr. Eggleston asked if there were any fire prevention items such as sprinklers or an escape rope or another way to get out in case of a fire. Mr. Madrigal responded that there is a fire hydrant at the corner of the house. Probably within 50-75 feet of his house. He stated that there would not be any sprinklers. Comprehensive Plan Analysis for SUP-21-05 (Special Use Permit): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-21-05 (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-21-05 (Special Use Permit): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER FOR SUP-21-05 (Special Use Permit): The Hearing Examiner orders that Case Number SUP-21-05 (Special Use Permit): be APPROVED with the following conditions: 8.2-8.4 with the following amendments: 8.5 This structure must comply with the residential code, specifically pertaining to the stairway and fire safety issues. Planning Issues – None The next regularly scheduled Special Hearing Examiner meeting is scheduled for November 9, 2021. The Hearing Examiner adjourned the meeting at approximately 7:37 p.m. Respectfully submitted by Cynthia Brogdon,