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HomeMy WebLinkAbout2025-01-28 MinutesAP �1 HEARING EXAMINER - — MEETING MINUTES Tuesday, January 28, 2025 @ 1:30 pm Caldwell City Council Chambers Room, 205 S. 611 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); Katie Wright (Planner II); Hallie Hart (City Engineer) CONSENT CALENDAR: The Hearing Examiner approved the December 03, 2024, Hearing Examiner Special Meeting Minutes as drafted. OLD BUSINESS: ACTION ITEM: Public Hearing Quasi -Judicial: Case Number: SUP24-000024: The applicant, Casey Howell, on behalf of Ekart Holdings LLP, is requesting a special use permit for flex space; the original development approvals for the parcel stipulated the site could only be used for Airport purposes or Truck and Tractor repair, any other use would require a special use permit. The applicant is proposing to develop flex space for a variety of light industrial uses directly permitted in the M-1 zone. The parcel is zoned M1-, light industrial, and is addressed as 5615 Aviation Way. The site is located on the Northeast side of Aviation Way, approximately 300 feet north of the intersection with Ustick Rd., Caldwell, ID. Katie Wright (Planner II) 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, Ms. Wright stated: • The development agreement was never signed and recorded so the applicant would not need to go through a development agreement modification. • Staff came to the conclusion that the applicant would need to go through with a special use permit application and not a development agreement modification, as that was a condition of the original approvals. Hallie Hart (City Engineer) 205 S. 61 Avenue, responded to the Hearing Examiner's questions and stated: • On certain occasions, landscaping is allowed in the right-of-way. • Typically, the owner is required to maintain the landscaping as part of their frontage. In response to the Hearing Examiner's questions, Ms. Wright stated: • Can add condition of maintaining the landscaping in the right of way, although is technically already required by the code and can be enforced by code enforcement. Connor Lindstrom (representative) 5725 N Discovery Way, Boise, signed in favor of the application and provided a description of the application. In response to the Hearing Examiner's questions, Mr. Lindstrom agrees, the current use there will be demolished and a new building will be constructed. He also stated that there is a potential to come through with a condo plat but that would be a separate application. In response to the Hearing Examiner's question, Ms. Wright agreed that the alternative compliance is wrapped up in the SUP and not two separate applications. In response to the Hearing Examiner's question, Ms. Wright stated the code does not require fencing unless they were doing some type of outdoor storage. They do not have any outdoor storage at this time so it is not required. There is currently a chain -link fence that will be removed. In response to the Hearing Examiner's questions, Mr. Lindstrom agrees the fence will be removed and fencing will not be required. He also stated that there was a neighborhood meeting held. No one from the public showed up. No one from the public signed up to speak. There was no rebuttal. Ms. Durtschi closed the public hearing testimony at 1:51 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers SUP24-000024: 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 SUP24-000024: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers SUP24-000024 for Iron Eagle Business Park is approved, subject to the conditions of approval listed in the staff report. NEW BUSINESS: ACTION ITEM: Public Hearing Quasi -Judicial: Case Number: PUD24-000006, SPP24-000003, DEV24-000004: The applicant, Becky Yzaguirre, on behalf of Chad and Melinda McDaniel, is requesting a development agreement modification to the original Aspen Falls Development agreement, whose entitlements have since expired, to facilitate the development of Mirandess Planned Unit Development, a mixed use subdivision with single family residential and commercial uses, with an overall density of 3.42 units per acre. The proposed site is addressed as 1109 W. Ustick Rd. (R3259401000) and 0 Ustick Rd. (113259400000) and is located on the southeast corner of Farmway Rd and Ustick Rd in Caldwell, Idaho. Staff i" requesting a continuance to ►he Fehruari I I. 2025, meeting. ADJOURNMENT The Hearing Examiner adjourned the meeting at approximately 1:51 .p.m. The next meeting for the Hearing Examiner will be on Tstesday, February 11, 2025, at 1:30 p.m. Respectfully submitted by Angelica Gomez, Administrative Assistant MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, SABRINA DURTSCHI, ON THE DATE NOTED BELOW: -� - 1 l • 2 Ms. Sabrina Durtschi Date ATTE T:) 0/' '!;' 6" — / 17i-`�7 Mo an Bes , De irector Date A digital recording of the public hearing is available upon request.