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Regular Caldwell Hearing Examiner Meeting
Tuesday, November 19, 2019, 7:00 p.m.
AGENDA
Call to Order
Review of Proceedings
I. CONSENT CALENDAR:
1) ACTION ITEM: Approve Minutes of the January 8, 2019 meeting as previously signed by J.
Mapp.
II. OLD BUSINESS:
1) ACTION ITEM, (Continued from the October 8, 2019 Planning and Zoning Commission
meeting) Case Number SUP-19-18: A request by Victor Thompson for a special -use permit
to expand an existing Mobile Home Park within the R-3 (High Density Residential) zoning
district. The subject property is located at 2819 S. Georgia Avenue (Parcel # R0408100000) in
Caldwell, Idaho.
II. NEW BUSINESS:
1) ACTION ITEM: Case Number ZON-19-04: A request by Brandon McDougald and Kimley-
Horn to rezone 0.11 acres, more or less, from R-3 (High Density Residential) to C-2
(Community Commercial). The subject property is located at 621 N. I I ei Avenue in Caldwell,
Idaho.
2) ACTION ITEM. Case Number ANN-19-13: A request by Samed Ceric to annex 3.4 acres,
more or less, with an M-1 (Light Industrial) zoning designation with an Annexation Agreement.
The subject property is located at 1321 Andy Lane (Parcel R0069201000), in Caldwell, Idaho.
3) ACTION ITEM: 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.
4) ACTION ITEM. 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 comer of Middleton Road and the future Skyway Street extension
(Parcels R34318010A0 & R3431801000) in Caldwell, Idaho.
IV. Adjournment.
Next Regular Hearing Examiner Meeting is on January 14, 2020 at 7:00 a.m. in the Community Room at the Caldwell Police
Station at 110 South Fifth. Any person needing special accommodations to participate in the meeting should contact the City
Office at 208-455-3021 prior to the meeting. The agenda packet and minutes can be viewed on the City of Caldwell's website:
www.cityofcaldwell.org. Cualquier persona necesitando comodidades especiales para participar en la reunion debe contactar at
]as oficinas de la Ciudad o Ilame a 208-455-3021 antes de la reunion.
CALDWELL
4 roiuro
Regular Caldwell Hearing Examiner Minutes
Tuesday, November 19, 2019, 7:00 p.m.
Community Room, Caldwell Police Department
110 South Sth Avenue, Caldwell, Idaho
I. Call to Order" Hearing Examiner, Mr, Bruce Eggleston opened the meeting for the public
hearing at 7:00 p.m.
H. Review of Proceedings - Mr. Bruce Eggleston outlined the procedures for the public
hearing.
Members Present: Bruce Eggleston (Hearing Examiner); Jarom Wagoner (Senior
Planner/Development Team Leader); Robb MacDonald (City Engineer); Lori Colligan
(Administrative Assistant)
Members Absent:
III. Consent Calendar:
Mr. Eggleston approved the Minutes of the November January 8, 2019 meeting as
previously signed by Hearing Examiner Jerome Mapp.
IV. Old Business:
1. Case Number SUP-19-18: A request by Victor Thompson for a special -use permit
to expand an existing Mobile Home Park within the R-3 (High Density Residential) zoning
district. The subject property is located at 2819 S. Georgia Avenue (Parcel 4 R0408100000)
in Caldwell, Idaho.
Testimony:
Jarom Wagoner, Senior Planner, 621 Cleveland Blvd., Caldwell, ID 83605, stated the
applicant has chosen to withdraw their application.
V. New Business:
1. Case Number ZON-19-04: A request by Brandon McDougald and Kimley-Horn to
rezone 0.11 acres, more or less, from R-3 (High Density Residential) to C-2 (Community
Commercial). The subject property is located at 621 N. 111h Avenue 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 rezone 0.10 acres from R-3 (High
Hearing Examiner Minutes
November 19, 2019
Density Residential) r 2 (Community Commercial). The applir, plans to construct a
new McDonald's restaurant on the adjoining property. This property will be used for
parking.
Mr. Eggleston asked if there has been any planning for pedestrian/bicycle access.
Mr. Wagoner stated he will defer to the applicant to answer.
Mr. Brandon McDougald, 215 S. State Street, Salt Lake City, UT (applicant) stated Jarom did
a fantastic job of the overview. They are proposing just over a 46,000 sq foot McDonalds at
this location. There is one residential parcel that is zoned R-3 that they are requesting to be
rezone to C-2. He stated there is a location for a bicycle rack. They have submitted for a
building permit.
Mr. Eggleston asked when they would start construction.
Mr. McDougald stated in March.
Mr. Eggleston asked if there would be vehicular access through the alley.
Mr. McDougald stated yes, there would be.
Mr. Eggleston asked if they anticipated customers using the alley.
Mr. McDougald stated it was possible.
Mr. Eggleston stated his concern was the impact on neighbors.
Mr. McDougald stated they were planning to build a fence to help with that.
Mr. James Coombs, 18083 Goodson, Caldwell, Idaho (representing Wendy's), asked about
the alleyway, if it's narrowed they will need a variance to access the dumpster.
REBUTTAL:
Mr. McDougald replied that they are improving the alley way and not decreasing the size
and they would still have access.
MR. EGGLESTON CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis for ZON-19-04 (Rezone): The Hearing Examiner accepted
the comprehensive plan analysis as listed in the staff report.
Findings of Fact for ZON-19-04 (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-19-04 (Rezone): The Hearing Examiner accepted the
Conclusions of Law as outlined in the staff report.
RECOMMENDATION FOR ZON-19-04: The Hearing Examiner RECOMMENDED that Case
Number ZON-19-04 (Rezone) BE APPROVED with the following conditions: 8.2 and 8.3
Hearing Examiner Minutes
November 19, 2019
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2. Case Number ANN-1r3: A request by Samed Ceric to annex 3r_res, more or less, with
an M-1 (Light Industrial) zoning designation with an Annexation Agreement. The subject
property is located at 1321 Andy Lane (Parcel R0069201000), 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 3.4 acres with an
M-1 (Light Industrial) designation.
Mr. Samed Ceric, 498 Creekside Road Ct„ Middleton, Idaho (applicant) stated that he owns a
trucking business and he is looking for a piece of property to put his trucks and build his
office. He bought this property and is asking the city to be annexed and he agrees with all of
the conditions.
Mr. Eggleston asked if he had a site plan.
Mr. Ceric gave it to Mr. Wagoner.
Mr. Wagoner stated he will label this as PZ-1001.
Mr. Eggleston asked if he had adequate access to get in and out of the property.
Mr. Ceric stated yes.
MR. EGGLESTON CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis for ANN-19-13 (Annexation): The Hearing Examiner
accepted the comprehensive plan analysis as listed in the staff report.
Findings of Fact for ANN-19-13 (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-19-13 (Annexation): The Hearing Examiner accepted the
Conclusions of Law as outlined in the staff report.
ORDER OF DECISION FOR ANN-19-13: The Hearing Examiner ORDERED that Case
Number ANN-19-13 (Annexation) BE APPROVED with the following conditions: 8.2
through 8.5
3. Case Number ANN-19-14 & SUB-191P-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:
Jarom Wagoner, Senior Planner, 621 Cleveland Blvd., Caldwell, ID 83605, stated the
applicant has requested to continue this case to the January 14, 2020 meeting.
Hearing Examiner Minutes
November 19, 2019 n
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4. Case Number ANN-r.5, ZON-19-05 & SUB-19P-09: A requery 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:
Jarom Wagoner, Senior Planner, 621 Cleveland Blvd., Caldwell, ID 83605, stated the
applicant has requested to continue this case to the January 14, 2020 meeting.
Planning Issues - None
The next regularly scheduled Hearing Examiner meeting is scheduled for January 14, 2020.
Adjournment
The Hearing Examiner adjourned the meeting at approximately 7:50 p.m.
Respectfully submitted by Lori Colligan,
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME EGGLESTON, ON THE
DATE NOTED BELOW:
Mr. Bruce Egglest Date
ATTEST:
Jarom Wagoner, S . 'or Planner / Development Team Leader Date
For detailed Minutes, please request a copy of the digital recording.
Hearing Examiner Minutes
November 19, 2019 Q
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SIGN UP SHEET
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CASE NAME: McDougald Rezone
CASE NUMBER: ZON-1 9-04
IN FAVOR NEUTRAL IN OPPOSITION
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Recommendation by the Caldwell Hearing Examiner
City of Caldwell, Idaho
Public Hearing Held November 19, 2019
Subject: Case No. ZON-19-04 (McDonald's Rezone)
The following Land Use Action is the primary feature of this application:
Rezone 0.10 acres, more or less, from R-3 (High Density Residential) to C-2 (Community
Commercial) zoning.
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
11 GENERAL FACTS
III TESTIMONY
IV APPLICABLE LEGAL STANDARDS
V COMPREHENSIVE PLAN ANALYSIS
VI FINDINGS OF FACT
VII CONCLUSIONS OF LAW
VIII RECOMMENDATION
1 COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application
ZON-19-04 to be held before the Caldwell Hearing Examiner on November 19, 2019. Public notice
requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On, or before,
November 3, 2019, notice was published in the Idaho Press Tribune, and on, or before, November
1, 2019 notice was mailed to all political subdivisions providing services to the site and to all
property owners within 300 feet of the project site; and on, or before, November 7, 2019 notice was
posted on the site.
1.2 On November 19, 2019 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: Brandon McDougald, Kimley-Horn LLC, 215 S. State Street, Suite 400, SLC, UT, 84111.
2.2 DEVELOPER: Michael Mallard, Boos Development, 2020 L Street, Suite 245, Sacramento, CA,
95811.
2.3 REQUEST: The applicant is requesting to rezone approximately 0.10 acres from R-3 (High Density
Residential) to C-2 (Community Commercial). The applicant plans to construct a new McDonald's
restaurant on the adjoining property. This property will be used for parking.
2.4 COMPREHENSIVE PLAN DESIGNATION: Community Commercial- Suitable for a broad range of
retail, service and professional businesses clustered in areas such as a shopping center which may
be anchored by one or more large retail establishments.
Case No. ZON-19-04 McDonald Rezone
Hearing Examiner Recommendation
Page 1 of 4
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COMPREHENSIVE PLAN COMPONENTS -APPLICABLE TO THE REQUEST:
Land Use: The subject property is surrounded by the following land uses:
Direction
Zone
Comprehensive Map
Use
Site
R-3
Commercial
Residential Home
North
C-2
Commercial
Car Wash
South
T-N
Traditional Neighborhood
Residential
East
C-2
Commercial
Warehousing
West
R-3
Commercial
Restaurant
2.5 Transportation /ConnectivitX: The subject property has frontage onto 10th Avenue, a principal
arterial roadway; Freeport Street. a local street; and 11th Avenue, a local street.
2.6 Public Services. Utilities and Facilities: The engineering department, fire marshal, building
department, police department, Canyon Highway District #4, and Pioneer Irrigation District were
all sent a request for comment on October 16, 2019.
III PUBLIC TESTIMONY
3.1 Before the Hearing Examiner, November 19, 2019
Jarom Wagoner, Senior Planner, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report
and stated that the applicant is requesting to rezone 0.10 acres from R-3 (High Density Residential)
to C-2 (Community Commercial). The applicant plans to construct a new McDonald's restaurant on
the adjoining property. This property will be used for parking.
Mr. Eggleston asked if there has been any planning for pedestrian/bicycle access.
Mr. Wagoner stated he will defer to the applicant to answer.
Mr. Brandon McDougald, 215 S. State Street, Salt Lake City, UT (applicant) stated Jarom did a
fantastic job of the overview. They are proposing just over a 46,000 sq foot McDonalds at this
location. There is one residential parcel that is zoned R-3 that they are requesting to be rezone to
C-2. He stated there is a location for a bicycle rack. They have submitted for a building permit.
Mr. Eggleston asked when they would start construction.
Mr. McDougald stated in March.
Mr. Eggleston asked if there would be vehicular access through the alley.
Mr. McDougald stated yes, there would be.
Mr. Eggleston asked if they anticipated customers using the alley.
Mr. McDougald stated it was possible.
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Mr. Eggleston stated his concern was theneighbors.
Mr. McDougald stated they were planning to build a fence to help with that.
Mr. James Coombs, 18083 Goodson, Caldwell, Idaho (representing Wendy's), asked about the
alleyway, if it's narrowed they will need a variance to access the dumpster.
Case No. ZON 19 04 McDonald Rezone
Hearing Examiner Recommendation
Page 2 of 4
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REBUTTAL:
Mr. McDougald replied that they are improving the alley way and not decreasing the size and they
would still have access.
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 request was found to be 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: 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 - 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.
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.
5.2 The request was not found to be inconsistent with any of Comprehensive Plan Components.
All adopted city ordinances, standards and codes were used in evaluating the application.
VI FINDINGS OF FACT
Case No. ZON 19-04 McDonald Rezone Page 3 of 4
Hearing Examiner Recommendation
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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 Mayor
and 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-19-04 a request by Brandon
McDougall and Kimley-Horn to rezone 0.11 acres, more or less, from R-3 (High Density Residential)
to C-2 (Community Commercial) for the property located at 621 N. 11th Avenue in Caldwell, Idaho,
is approved with the following conditions of approval:
8.2 Comply with the all applicable city codes, ordinances, policies, and standards.
8.3 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 Number ZON-19-04 was heard by the Caldwell Hearing Examiner at a public hearing held November
19, 2019.
The Findings of Fact, Conclusions of Law, and Recommendation were administratively approved and
signed by the Caldwell Hearing Examiner on the date noted below.
Bruce Egglesto 'ring Examiner
ATTEST:
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Date
Case No. ZON-19-04 McDonald Rezone
Hearing Examiner Recommendation
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