Loading...
HomeMy WebLinkAbout2024-12-03 MinutesAPPROVED. Date 1.7— HEARING EXAMINER SPECIAL MEETING MINUTES Tuesday, December 03, 2024 @ 1:30 pm Caldwell City Council Chambers Room, 205 S. 61h 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); Morgan Bessaw (Deputy Director); Joe Dodson (Planner III); April Cabello (Planner I) CONSENT CALENDAR: The Hearing Examiner approved the October 22, 2024, Hearing Examiner Meeting Minutes as drafted. OLD BUSINESS: Norse NEW 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 Ml-, 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. Staff is reyumiii)g a cowinifance to the Junuun 14 2024 neeting 2. ACTION ITEM. Public Hearing Quasi -Judicial: Case Number: SPP24-000004 / DEV24-000008: MTP Acquisition 460 Florida LLC, is requesting preliminary plat approval and a development agreement modification to allow for duplexes for Canyon Crossing No. 2 Subdivision, a residential subdivision with twenty (20) duplex lots. This parcel was intended as the second phase of the original Canyon Crossing Subdivision which was approved on September 6, 2016. The applicant has constructed all of the horizontal infrastructure but must reapply for a new preliminary plat approval for this portion of the Subdivision due to the expiration of their entitlements in November 2022. A total of 40 dwelling units on 5.57 acres provides a density of 7.2 dwelling units per acre. The property is zoned R-2, Medium Density Residential, is addressed as 0 Syringa Ln, and is located on the Southwest corner of Syringa Ln. and S. Florida Ave., Caldwell, ID. Morgan Bessaw (Deputy Director) 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. Bessaw stated, • There are 11 four-plex's on site in phase 1. • When it was originally approved it was under an older comp plan and not under the current comp plan. • The reason why staff did not recommend they go through a PUD was because they were not proposing any changes to the way the subdivision had been laid out. It also was not a PUD originally. • The density range for this area in the new comp plan update is up to 8 dwelling units per acre or 12 dwelling units per acre with a density bonus. In response to the Hearing Examiner's questions, Mr. MacDonald stated the main infrastructure is in. A final approval is still needed in the engineering department. There are utilities available on site. Elizabeth Koeckeritz (Representative) 601 Bannock, Boise, signed in favor of the application and provided a description of the application. In response to the Hearing Examiner's questions, Elizabeth stated: • In 2016 the city approved the rezone. In 2017 the city approved the first final plat. In 2020 the final plat for phase 1 was recorded. In 2021 the city approved an 18-month time extension for phase 2. That 18- month time extension ultimately expired without getting a timely application in for an additional one. The developer decided to continue the improvements. • The reason why there was a change from single family to duplexes is because of the demand for housing. • There has been neighborhood opposition to the development since 2016. There have been standard neighborhood concerns. Their concerns were increased traffic and increased density. In response to the Hearing Examiner's questions, Ms. Bessaw stated the changes to the development agreement is just an addendum with the updated file number, plat and application. The Public Hearing was opened: • Sue Kushlan, 121 S. Louisiana Ave, in opposition, is concerned with density and all changes that are being made and crime rate going up. • Phyllis Jewett, 403 Hill Lane, in opposition, concerned with crime and the children that do not have playground in Phase 1. She believes the gangs are doing the graffiti. She wants senior housing. • Terri Koelier, 11 I S Louisiana Ave, in opposition, read Carol Jones' letter into record. Terri's concerns are with the modifications to development. In response to the Hearing Examiner's questions, Ms. Bessaw stated nothing that the city has done would obligate the developer to come in and request to change the single family to duplexes. The city is not forcing that change. The city did choose to rezone them from R-1 to R-2 at the time. R-2 does allow for more density. • Terry continued and shared the dialogue had with the developer and engineer at the neighborhood meeting. Elizabeth (Representative), in the rebuttal stated: A lot of the neighbors have been in opposition from the beginning. To their knowledge the crime that is happening is not anyone living in the 4—plex's. The development has taken time, and the property owner is frustrated with that too. The owner is ready to move forward with the development. The property owner is working on the process of dealing with the encroachment onto his property with Phyllis. John Giuliani (property owner) 2618 S KCID, in the rebuttal stated: • Takes ownership for the time delay. • The previous planning and zoning director stated it would be okay for the time extension. • Explains why this development has taken so long for the final phase to be done. • Is aware of the challenges in the neighborhood. In response to the Hearing Examiner's questions, Mr. Giuliani stated: • They will start construction immediately. • Did not do single family homes because a lot of people cannot afford them. Ms. Durtschi closed the public hearing testimony at 2:34 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers SPP24-000004 / DEV24- 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 SPP24-000004 / DEV24-000008: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers SPP24- 000004 / DEV24-000008 for Canyon Crossing Ph. 2 Preliminary Plat is recommended for approval, subject to the conditions of approval listed in the staff report. 3. ACTION ITEM. Public Hearing Quasi -Judicial: Case Number: SUP24-000020: The applicant, Kyle Prewett, on behalf of BHEG Passero Ridge LLC, is requesting a special use permit to increase the maximum allowable entry monument sign lettering size of 32 square feet to 52 square feet. The project is located within the R-1, Low Density Residential Zoning District. The subject site is located north of Orchard Ave., between S. Montana Ave. and S. 10th Avenue, in Caldwell, Idaho. April Cabello (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, Ms. Cabello stated just the font size is what they are requesting to enlarge. The size of the monument meets code requirements, it's just the lettering. Ms. Cabello continued with the staff report. Kyle Prewett (Applicant) 3103 W Sheryl Dr., signed in favor of the application and provided a description of the application. In response to the Hearing Examiner's questions, Mr. Prewett stated: What is being presented is currently on site. What is being requested is also in the PowerPoint presentation. No one from the public signed up to speak. There was no rebuttal. Ms. Durtschi closed the public hearing testimony at 2:45 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers SUP24-000020: 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 SUP24-000020: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers SUP24-000020 for Passero Ridge Entry Signs is approved, subject to the conditions of approval listed in the staff report. 4. ACTION ITEM. Public Hearing Quasi -Judicial: Case Number: SUP24-000023: The applicant, Enoch Wort, on behalf of Joseph Brant, is requesting special use permit approval to construct a duplex residence in the R-1, low density residential, zone. The site is addressed as 2418 Ellis Ave., parcel number R0614801000, and is located on the northwest corner of Ellis Ave. and E. Linden St., in Caldwell, Idaho. Joe Dodson (Planner III) 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. Dodson stated: • The building has not been built. • Landscaping and everything else have been improved since it went through the building department first. • The Hearing Examiner may still request additional requirements. Enoch Worth (Applicant) 1659 Sand Hollow Rd., signed in favor of the application and provided a description of the application. In response to the Hearing Examiner's questions, Mr. Worth stated a neighborhood meeting was held and the neighbors had questions on what happened with the site. In response to the Hearing Examiner's questions Mr. Dodson agreed that the applicant will have to resubmit their building permit and with that updated rear elevation and landscape plan. In response to the Hearing Examiner's questions Mr. Worth stated the side off Ellis St. is a hard spot to get anything functional in there. No one from the public signed up to speak. There was no rebuttal. Ms. Durtschi closed the public hearing testimony at 3:01 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers SUP24-000020: 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 SUP24-000020: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers SUP24-000020 for Passero Ridge Entry Signs is approved, subject to the conditions of approval listed in the staff report. ADJOURNMENT The Hearing Examiner adjourned the meeting at approximately 3:02.p.m. The next meeting for the Hearing Examiner will be on Tuesday, January 14, 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: .-Sabrina Durtschi C ATTEST: Morgan Bess , Dep Director }'tea-2�' Date Z ! Z -..-- Date A digital recording of the public hearing is available upon request.