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HomeMy WebLinkAboutHE Minutes 07-23-24HEARING EXAMINER REGULAR MEETING MINUTES Tuesday, July 23, 2024 @ 1:30 pm Caldwell City Council Chambers Room, 205 S. 6th 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); Alex Jones (Planner I); Morgan Bessaw (Deputy Director). CONSENT CALENDAR: The Hearing Examiner approved the April 23, 2024, Hearing Examiner Meeting Minutes as drafted. OLD BUSINESS: None NEW BUSINESS: 1. ACTION ITEM: Public Hearing (Quasi-Judicial): Case Number: SUP24-000006: The applicant, Erik Hagen, on behalf of Alfredo Escobedo, is requesting a special use permit for an indoor and outdoor auto storage use on the rear of the subject site, behind two (2) existing businesses (Los Dos Hermanas Taco Restaurant) and (Old Hickory Buildings and Sheds). The subject site is zoned C-3 (Service Commercial) and the Comprehensive Plan land use designation is Commercial and Service. Indoor automotive storage is a permitted use and outdoor automotive storage requires a special use permit. The subject site is located on the corner of S. 38th Avenue and Cleveland Blvd, and legally addressed as 3718 Cleveland Blvd, parcel R0438900000, in Caldwell, Idaho. Alex Jones (Planner I) 205 S. 6th Avenue, provided the staff report by outlining its contents by use of a PowerPoint presentation. In response to the Hearing Examiner’s questions, Mr. Jones stated the following: • The only nonconforming use that is on site is the auto storage use. • All the buildings are under one ownership. • They will not be putting any trees or shrubs in the right-of-way, if they do decide to place trees or shrubs in the right-of-way then they will need a license agreement. Erik Hagan (Applicant) 280 N 8th St., Boise, signed in favor of the request and provided a description of the application. In response to the Hearing Examiner’s questions, Mr. Hagan stated: • He agreed that what triggered the SUP was the outdoor storage. • Parking was provided in front of the site. No one from the public was present to testify. Ms. Durtschi closed the public hearing testimony at 1:39 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers SUP24-000006: 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 NUMBERS SUP24-000006: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers SUP24-000006 for Alfredo Auto Storage is approved, subject to the conditions of approval listed in the staff report. 2. ACTION ITEM: Public Hearing (Quasi-Judicial): Case Number: SUP24-000008: The applicant, Michael Morales, on behalf of Limitless Investment Group LLC and Michael Morales, is requesting a special use permit to allow for a two-family (duplex) dwelling on a parcel of land totaling approximately 0.18 acres (more or less). The parcel of land is addressed as 0 Rochester Street, Parcel ID# R0338901000. The subject parcel is located on the south side of Rochester Street, approximately 515 feet west of the intersection of Rochester Street and N Illinois Avenue in the Monte Vista Add subdivision, in Caldwell, Idaho Alex Jones (Planner I) 205 S. 6th Avenue, provided the staff report by outlining its contents by use of a PowerPoint presentation. In response to the Hearing Examiner’s questions, Mr. Jones stated the following: • Staff recommends that if the SUP is approved, it be conditioned that the parcel come into compliance with a lot line adjustment prior to issuance of a building permit. Michael Morales (Applicant) 2254 Channel Rd., signed in favor of the request and provided a description of the application. In response to the Hearing Examiner’s questions, Mr. Morales stated: • The driveway will be maintained by the property owner. • They will improve the fence to the southern boundary. No one from the public choose to testify, however, a letter from the public was provided to the hearing examiner. Michael Morales (Applicant), in the rebuttal addressed concerns from a letter from the public. Ms. Durtschi closed the public hearing testimony at 1:54 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers SUP24-000008: 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 NUMBERS SUP24-000008: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers SUP24-000008 for Morales Duplex is approved, subject to the conditions of approval listed in the staff report. 3. ACTION ITEM: Public Hearing (Quasi-Judicial): Case Number: SUP24-000010: The applicant, Kyle Prewett, on behalf of BHEG Passero Ridge LLC, is requesting a special use permit to allow the maximum building height of the residences within the Passero Ridge Subdivision to be increased from 25 feet to 30 feet. The project is located within the R-1, Low Density Residential Zoning District, which has a maximum building height of 25 feet. It is anticipated that the tallest structure will not exceed 27 feet, however, the applicant is requesting a buffer for flexibility in the field. The subject site is located north of Orchard Ave., between S. Montana Ave. and S. 10th Avenue, in Caldwell, Idaho. Alex Jones (Planner I) 205 S. 6th Avenue, provided the staff report by outlining its contents by use of a PowerPoint presentation. Hannah Shurance (Applicant) 3103 W. Sheryl Dr., Meridian, signed in favor of the request and provided a description of the application. In response to the Hearing Examiner’s questions, Ms. Shurance stated: • She does not know the exact percentage of homes that will exceed 25 ft. in height. • They understand the time limits for special use permits. • The neighbors’ concerns during the neighborhood meeting included not having floor plans available. • The phase off 10th Ave. sits lower in elevation than much of the surrounding neighborhoods so the height increase should not be very apparent. The Public Hearing was opened: 1. Beth Carico 16227 S. Kimball Ave., signed in opposition, concerns with the increase in height, losing views and traffic. • Morgan Bessaw (Deputy Director), explained how height is defined in code, that it is measured from finished grade to mid-point of peak. She also explained that most of the surrounding parcels are located in the County with a maximum building height of 35 feet. 2. Gordon Taiariol 16226 Horizon Dr., signed in opposition, concerns of losing views and height increase. 3. Greg Agresta 15214 Wicklow Lane, signed in opposition, concerns of height increase. 4. Colleen Agresta 15214 Wicklow Lane, signed in opposition, concerns of height increase and the views being taken away. 5. Karen Giardina 15132 Kings Row Rd., in opposition, believes the developer should lower the height to keep neighbors happy. Hannah Shurance (Applicant), in the rebuttal addressed questions from the Hearing Examiner and questions and concerns from the public. • Wanted to reiterate that the development is lower in elevation than 10th Ave. • They will not construct homes with the same front elevation design next door to each other to create variation and increase the aesthetic of the neighborhood. • There are some variations in height maximums within all of their plans that they build in the valley, the issue they have with the plans in Caldwell is that our maximum height being measured at midpoint of peak is different than most jurisdictions and the designs do not fit as easily within our code, hence the need for the SUP. Ms. Durtschi closed the public hearing testimony at 2:29 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers SUP24-000010: 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 NUMBERS SUP24-000010: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers SUP24-000010 for Passero Ridge Height Exception is approved, subject to the conditions of approval listed in the staff report, with the modification of a maximum height of 27 feet to mid-point of peak, rather than the requested 30 feet. 4. ACTION ITEM: Public Hearing (Quasi-Judicial): Case Number: SUP24-000009: The applicant, Kyle Prewett, on behalf of Toll Southwest LLC, is requesting a special use permit to allow the maximum building height of the residences within the Pradera Subdivision to be increased from 25 feet to 30 feet. The project is located within the R-1, Low Density Residential Zoning District, which has a maximum building height of 25 feet. It is anticipated that the tallest structure will not exceed 27 feet, however, the applicant is requesting a buffer for flexibility in the field. The subject site is located on the northwest corner of S. 10th Avenue and Homedale Rd., in Caldwell, Idaho. Alex Jones (Planner I) 205 S. 6th Avenue, provided the staff report by outlining its contents by use of a PowerPoint presentation. In response to the Hearing Examiner’s questions, Mr. Jones stated: • The development agreement will not be affected as no heights were specified in the DA. Hannah Shurance (Applicant) 3103 W. Sheryl Dr., Meridian, signed in favor of the request and provided a description of the application. She clarified that there is only one phase for the whole development, so it is not a phased subdivision. In response to the Hearing Examiner’s questions, Ms. Shurance stated: • They are still meeting development agreement requirements. • They still plan to keep the homes along the western boundary at a single level. • The development agreement was amended in 2021 for the single level homes along the western boundary and that is not proposed to change. The Public Hearing was opened: 1. Carl Anna 105 W Homedale Rd., signed in opposition, concerns of height increase. • Morgan Bessaw (Deputy Director), explained that when building permits are submitted they are thoroughly checked to make sure that code is being met. When the building permits were submitted for this development for elevations in excess of 25 feet in height to mid-point of peak, staff notified that applicant that an SUP would be required. She also clarified that the development to the south that Mr. Anna mentioned as in the City, is still in the county and has not been annexed at this point in time. 2. Beth Caraco 16227 S Kimball Ave., signed in opposition, concerns with the increase in height, losing views and traffic. 3. Gordon Taiariol 16226 Horizon Dr., signed in opposition, concerns of height increase. Hannah Shurance (Applicant), in the rebuttal addressed questions from the Hearing Examiner and questions and concerns from the public. • The engineers are responsible for designing the site and making sure it works with public facilities. • The homes along the western boundary will remain single story as has always been presented to the neighbors. • The neighboring properties are slightly above the subdivision in regard to elevation. • During the entitlement stage they do not know if they will be approved so not all home elevations are fully designed until after initial entitlements are received. • They will meet all of their development agreement conditions. • When building permits were submitted, they were told they would need a special use permit for the height.