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Hearing Examiner Minutes 10/25/2023
HEARING EXAMINER
REGULAR MEETING MINUTES
Wednesday, October 25, 2023 @ 1:30 pm
Caldwell Police Department, Community Room, 110 S. 5th Avenue, Caldwell, Idaho
CALL TO ORDER – Hearing Examiner, Ms. Sabrina Durtschi opened the meeting for the public hearing at 1:30
p.m.
REVIEW OF PROCEEDINGS (OPENING STATEMENT) – Ms. Sabrina Durtschi outlined the procedures for
the public hearing.
MEMBERS PRESENT: Angelica Gomez (Administrative Assistant); TJ Frans (Engineer); Katie Wright (Associate
Planner); Morgan Bessaw (Deputy Director).
CONSENT CALENDAR:
ACTION ITEM: Approve the September 13, 2023 Hearing Examiner Meeting Minutes.
OLD BUSINESS:
(ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: SUP23-000010:
CONTINUED FROM THE SEPTEMBER 13, 2023 HEARING EXAMINER MEETING. KIMLEY-
HORN, ON BEHALF OF AUSTON COX AND STEVE SATTERLEE, IS REQUESTING A SPECIAL
USE PERMIT FOR A MULTI-FAMILY DEVELOPMENT IN EXCESS OF 25 FEET IN HEIGHT
ADJACENT TO SINGLE FAMILY RESIDENTIAL DEVELOPMENT. THE KAHARI APARTMENTS
ARE PROPOSED TO CONSIST OF FOUR 3-STORY MULTIFAMILY BUILDINGS, EACH
CONTAINING 12 UNITS, FOR A TOTAL OF 48 UNITS. THE PROPOSED DENSITY IS 20.42 UNITS
PER ACRE. AN EXISTING SINGLE FAMILY RESIDENTIAL HOME IS ALSO PROPOSED TO
REMAIN ON SITE. THE PARCEL IS ZONED R-3 (HIGH DENSITY RESIDENTIAL). THE SUBJECT
PARCELS ARE LOCATED ON THE EAST SIDE OF N ILLINOIS AVENUE, JUST SOUTH OF THE
INTERSECTION WITH E MADISON ST, IN CALDWELL, IDAHO)
Alex Jones (Associate Planner) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of
a PowerPoint presentation. He reported there were no changes to the site plan or surrounding areas. The new
information were changes to the elevations, showing half size windows in the bedrooms instead of full size
windows. He indicated the applicant would speak concerning his conversation with the neighbor.
Nicolette Womack (Representative) 1100 W. Idaho Street., spoke in favor of the request and provided an updated
description of the project by use of a PowerPoint Presentation. She mentioned there were discussions between
the two owners concerning the disagreements of the property line. The negotiation would allow the west line to
remain the same, and the east line would concede at the fence line.
Ms. Womack indicated their project was updated after hearing the neighbors concerns and added transom
windows to the elevations. They also added columnar trees instead of bushes, and a 6’ high fence on the entire
site for privacy. She also noted they worked on a Cross-Access Agreement with the southern neighbor, and were
in continued coordination of the property line with the eastern neighbor.
Nancy Curry 918 N. Illinois Ave., signed in opposition of the request and expressed concern with excessive
traffic, noise, safety, privacy and crime. She stated that multi-family developments negatively affect property
values. There was a suggestion at a prior meeting to use narrow windows on the third floor, which still left the
first and second floor windows invading their privacy. She would like their well-established neighborhood to
remain one-story single-family homes.
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Hearing Examiner Minutes 10/25/2023
Gerald Curry 918 N. Illinois Ave., signed in opposition of the request and expressed concern with property lines
getting moved. Additional concerns were losing his view, property value and privacy. He stated that in order to
preserve the neighbor’s present quality of life, he urged the Hearing Examiner not to approve this request.
Daniel Goodman (Representative for David Witt 1000 Illinois Ave) 5700 E. Franklin., signed in opposition of
the request and stated there were good faith negotiations on both sides, and were working towards an agreement;
therefore, since the boundary dispute had not resolved, he asked the Hearing Examiner to continue the public
hearing.
Mr. Goodman reported that in addition to the boundary dispute, there were still concerns with the building height.
He requested that if the Hearing Examiner approved the application, that a condition of approval be imposed with
a limitation of 25’ as compared to the height of his client’s property.
He concluded by noting that it would be a grave mistake for the City to move forward with a development, where
there were active boundary disputes. It would be in the City’s best interest to continue the hearing until the
boundary dispute was resolved.
In response to questions from the Hearing Examiner, Mr. Goodman responded they were still in negotiations and
was hopeful to settle the boundary dispute soon.
Charles Pike 920 N. Illinois Avenue., signed in opposition of the request and stated he had not heard that the
ground water issues were resolved. He expressed concern with the height of the buildings, property line disputes,
and privacy. He added that the Juniper screens would be adequate if the building height was limited to 25’.
In response to questions from the Hearing Examiner, Mr. Jones stated that per code, the light would need to be
contained in the subject parcel to avoid light pollution.
TJ Frans (Engineer) 621 Cleveland Blvd., spoke concerning the spring and said it was a private facility on private
property. It was the applicant’s responsibility to abandon it legally, with permission from appropriate entities.
They would also need to make sure it would not negatively affect neighboring property owners. He clarified that
the City would not have guidance or oversight in the process.
In response to questions from the Hearing Examiner, Ms. Bessaw stated that in the past they did not require they
record a new survey with the County. Since, this was a civil matter; it had to be resolved between the parties. She
indicated they were approving the subdivision based on the provided site plan, and it was their responsibility to
provide an accurate site plan.
In rebuttal, Ms. Womack mentioned that the Future Land Use Map designated the parcel as High Density
Residential and the Zoning Map designation was an R3. She also outlined the following:
• Monument Valley Townhomes – They were limited to two-stories where they get closer to Mr. Witt’s
property; however, the conditions were different. The canal was in that area but did not have the existing
vegetation that would create a natural buffer. She thought they did a plat modification since they thought
they could dig their project down and shorten the height through grading. She noted their water would
be monitored, and was only 6’ down; therefore, they would not be able to grade down.
• Concern with height of buildings – The first story would be screened by the fence and landscaping. Due
to building codes, they would be unable to do more clear story windows or no windows; however, they
would be willing to match what they did on the third-story.
• Lighting Code – They would comply with it.
• Property Line Dispute – They would propose no change to the west and discussed a compromise on the
east side. The existing home that would remain on Illinois they proposed a simple lot split.
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David Larsen (Representative) 412 S. King Avenue., spoke in favor of the request and provided a status update
concerning the property line dispute.
Ms. Durtschi closed the public hearing testimony 2:07 pm.
COMMENTS BY THE HEARING EXAMINER:
Ms. Durtschi commented she had concerns with the property boundary adjustment and buffering; however, she
was glad to see the landscaping was upgraded, and the windows for the third level were reduced in size. In
addition, they indicated they could also match the third level windows on the second level, she would add that as
a condition. She could not table the project indefinitely, and seemed that progress had occurred.
FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Number SUP23-000010:
The Caldwell Hearing Examiner accepts the Findings of Fact and Conclusions of Law outlined in the staff report,
public testimony, and the evidence list. All adopted ordinances, standards and codes were used in evaluating the
application. The proposed use was conditionally permitted by the terms of the ordinance and such conditions of
approval.
ORDER OF DECISION FOR CASE NUMBER SUP23-000010:
Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case
Number SUP23-000010 for Kahari apartments located in a portion of 15-4N-3W SE TX 20-E IN SWSESE, is
approved, subject to the conditions of approval listed in the staff report, including the one previously mentioned.
Staff report lists conditions 1 to 21.
(ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: SUB22-000028:
CONTINUED FROM THE SEPTEMBER 13, 2023 HEARING EXAMINER MEETING. TAMEE
BILBO, ON BEHALF OF J AND V CONSTRUCTION LLC, IS REQUESTING PRELIMINARY PLAT
APPROVAL FOR BAJA SPRING SUBDIVISION, A 16 LOT (14 RESIDENTIAL LOTS, 2 COMMON
LOTS) SUBDIVISION. THE ENTRANCE TO BAJA SPRING SUBDIVISION WILL COME FROM
WOODWAY ESTATES SUBDIVISION TO THE EAST WITH AN EMERGENCY ONLY ACCESS
POINT ON INDIANA AVENUE. THE 3 ACRE PARCEL IS ZONED AS R-2 (MEDIUM DENSITY
RESIDENTIAL) AND IDENTIFIED AS MEDIUM DENSITY RESIDENTIAL WITHIN THE
CURRENTLY ADOPTED COMPREHENSIVE PLAN. THE SUBJECT PARCEL, R0410001000, IS
LOCATED ON THE EAST SIDE OF INDIANA AVENUE, APPROXIMATELY 330 FEET SOUTH OF
THE INTERSECTION WITH BEECH ST., IN CALDWELL, IDAHO)
Alex Jones (Associate Planner) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of
a PowerPoint Presentation. Mr. Jones noted that the reason for continuance of the previous meeting was that staff
realized they were asking for 14 residential units, which would put them over the unit count for the acreage;
therefore, the residential units were reduced to 12 and one common lot. Mr. Jones stated he would correct the
staff report before City Council.
David Crawford (Representative) 2323 S. Vista Ave., spoke in favor of the request and provided a description of
the application by use of a PowerPoint Presentation. He indicated the subdivision was consistent with the
Comprehensive Plan, Zoning Ordinances and Development Standards. He noted they had three neighborhood
meetings on the property. Only one neighbor attended one of the meetings and asked to reduce the headlights that
could shine across the street into her property. To address the neighbor’s concern, they landscaped the perimeter
to the extent practical of the emergency access, and that kept the traffic further east of Illinois. They have done
what they could to mitigate that situation.
He expressed this project would be an attractive asset to the City, and was compatible with the surrounding land
uses. They agreed with the Conditions of Approval listed in the staff report.
Ms. Durtschi wanted to confirm they were not taking access from Indiana; however, there would be an emergency
access onto Indiana with bollards, and there would be a retention pond for storm drain. Mr. Crawford concurred.
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Ms. Durtschi closed the public hearing testimony 2:16 pm.
COMMENTS BY THE HEARING EXAMINER:
FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Number SUB22-000028:
The Caldwell Hearing Examiner accepts the Findings of Fact and Conclusions of Law outlined in the staff
report, public testimony, and the evidence list. All adopted ordinances, standards and codes were used in
evaluating the application. The proposed use was conditionally permitted by the terms of the ordinance and
such conditions of approval.
ORDER OF RECOMMENDATION FOR CASE NUMBER SUB22-000028:
Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case
Number SUB22-000028 the request for a Preliminary Plat approval for Baja Spring Subdivision, a 16 lot (14
residential lots, 2 common lots) subdivision on 3 acres on Parcel R0410001000, located in a portion of 35-4N-
3W NW Mountain View Sub 1 Blk Z Ls Tx 97217, is recommended for approval, subject to the conditions of
approval outlined in the staff report.
Staff report lists conditions 1 to 23.
NEW BUSINESS:
(ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: CASE NUMBER:
SUB22-000038: BAILEY ENGINEERING ON BEHALF OF LAKE LOWELL PROPERTIES LLC., IS
REQUESTING A SUBDIVISION PRELIMINARY PLAT APPLICATION FOR CIRRUS POINTE
WEST, A 102 UNIT RESIDENTIAL SUBDIVISION ON 36.97 ACRES, FOR A TOTAL DENSITY OF
2.76 UNITS PER ACRE. THE PROPERTY IS ZONED R-1, LOW DENSITY RESIDENTIAL AND IS
LOCATED ON THE NORTH SIDE OF ORCHARD AVE ON BOTH THE EAST AND WEST SIDE OF
S. MONTANA AVE., IN CALDWELL, IDAHO)
Alex Jones (Associate Planner) 621 Cleveland Blvd., provided the staff report by outlining its contents by use of
a PowerPoint presentation. He noted that the Fire Department provided comments indicating this request did not
meet secondary access; however, Mr. Jones reported that Passero Ridge to the west had an access point connected
to this subdivision; they have a stub street therefore that would be their secondary access. COMPASS had no
concerns with the development, CHD4 had no concerns, their request was to make sure the vision triangles were
clear. Mapping would like them to submit approved street names for City Council.
In response to questions from the Hearing Examiner, Mr. Jones responded these were Cirrus Point phases nine
and ten, they requested a time extension that was denied; consequently, they had to return with a new Preliminary
Plat.
Katie Miller (Representative) 1119 E. State St., spoke in favor of the request and provided a description of the
application by use of a PowerPoint Presentation. She noted they took over this project from another engineering
firm. The Preliminary Plat had expired, the new one was in contract, they chose not to include Phases 9 and 10,
and now they were included with the Preliminary Plat Application.
In response to questions from the Hearing Examiner, Ms. Miller stated that since it will have a different
subdivision name and has a new Preliminary Plat; it had to be its own development, with comparable CC&R’s.
Ms. Miller mentioned primary access would be off Montana as well as having secondary through Passero Ridge
and Cirrus Point.
Discussion followed concerning secondary access. TJ Frans confirmed there would be secondary access.
Ms. Miller reported they were required to do a southbound right-hand turn lane on Montana to Orchard, as well
as a westbound right-hand turn lane from Orchard onto Montana. She indicated those improvements were
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included and would be made with the development. She mentioned they completed a traffic study update to
include the new development. There were no concerns with the traffic study. She noted that ITD planned to widen
Highway 55 from Karcher to Farmway and to Middleton Rd in 2024. She added that the developer would pay
their proportionate share 14.7% of signalized improvement determined by staff and were in agreement with it.
John Frieden 15074 Greenwing St., signed as neutral for the request but did not provide testimony.
Lynda Frieden 15074 Greenwing St., signed as neutral for the request but did not provide testimony.
Jamie Wilson 146689 Valli Hi Ln., signed as neutral for the request and noted she was speaking for the neighbors
that lived in existing homes for 40 – 60 years, and were not able to attend the meeting. She expressed concerns
with losing the lake view. She understood development would happen; however, she would ask for larger lots and
fewer homes. She wondered how they were going to build around the power lines. She stated it was our
responsibility to take care and respect this land, and asked the developer to reconsider developing the last bit of
land. She would propose to let the land breath and to let it be a park. She would like the City to take this piece of
land and make it a green space for everyone to enjoy. She asked if any of those homes would be two-story homes.
In rebuttal, Ms. Miller explained this was the Comprehensive Plan designation in the surrounding area. As far as
fencing, they follow City of Caldwell code.
• Power Lines – The transmission lines run through Phase 7 and Phase 8. She noted that was a 100’
easement used for landscape and pathway, and utilized for connectivity and amenities for the
neighborhood.
• Larger Lots - They met all code requirements. She explained they were two oddly shaped parcels, and
to develop bigger lots with all the frontages and improvements would be very costly.
Ms. Durtschi closed the public hearing testimony 2:42 pm.
COMMENTS BY THE HEARING EXAMINER:
To speak to Ms. Wilson’s concerns for the park and open space, she said that City Council would be a better
audience. As for the view, there were no view easements, and she did not have the authority to use that to deny a
project. Especially a project that had specific zoning, and met minimum requirements.
FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Number SUB22-000038:
The Caldwell Hearing Examiner accepts the Findings of Fact and Conclusions of Law outlined in the staff report,
public testimony, and the evidence list. All adopted ordinances, standards and codes were used in evaluating the
application. The proposed use was conditionally permitted by the terms of the ordinance and such conditions of
approval.
ORDER OF DECISION FOR CASE NUMBER SUB22-000038:
Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case
Number SUB22-000038 the request for a preliminary plat application for Cirrus Pointe West, a 102 unit
residential subdivision on 36.97 in the R-1 (Low Density Residential) Zone on Parcel R3285001000, located in a
portion of 15-3N-3W SE TX 08133 IN SE1/4 AND SESW LS TX 21943. The Caldwell Hearing Examiner
recommends for approval to City Council, subject to conditions of approval outlined in the staff report including
the updated letter from the Fire Department concerning the secondary access.
Staff report lists conditions 1 to 23.
ADJOURNMENT
Planning Issues: None