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HomeMy WebLinkAboutHE Minutes 07.16.25HEARING EXAMINER SPECIAL MEETING MINUTES Wednesday, July 16th, 2025 @ 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); Garline Davis (Planner I); Joe Dodson (Principal Planner) CONSENT CALENDAR: The Hearing Examiner approved the May 27th, 2025, Hearing Examiner Meeting Minutes as drafted. OLD BUSINESS: None NEW BUSINESS: 1. ACTION ITEM: Public Hearing Quasi-Judicial: Case Number: SUP25-000009: The applicant, Tyrell Erleback of The Empire LLC, is requesting a special use permit for a tobacco retail store to be located in the City Center zoning district. The 0.06 acre site is addressed as 222 S. 6th Ave. and is located on the northeast corner of the intersection of Blaine St. and S. 6th Ave., in Caldwell, Idaho. Garline Davis (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 question, Ms. Davis stated that this parcel is not in the Urban Renewal District. It is located just outside of it. Jessica Ott (Representative) 542 SW 1st St, Ontario, OR., signed in favor of the application and provided a description of the application. In response to the Hearing Examiner’s questions, Ms. Ott stated: • The only thing that they intend to change about the structure is adding a few windows to meet City code. They will be fixing up the inside and outside as well. • The building is in rough shape. The exterior will be stucco with brick on the bottom half of building. They will be adding landscaping as well. • Hours of operation will be 10 am – 10 pm. The Public Hearing was opened: • Ryan McColly, 4868 River Front Pl, Boise, signed in favor, stated the existing building is 2,000 square feet. The structure is under review to evaluate structural stability which he believes to be adequate. He also stated that he is the architect, and he submitted the Design Review application. In response to the Hearing Examiner’s questions Ms. Davis stated: • The Design Review application is still currently under review. • There is a condition that the application will have to meet Design Review requirements. • Shawn Mayben, 904 Dearborn St, signed in opposition, stated he is concerned with parking and making sure the design is consistent with downtown. Joe Dodson (Principal Planner) 205 S. 6th Avenue, stated the Design Review application for The Empire is currently under review with him. • Shawn Mayben continued with his concern of there not being any parking spaces. In response to the Hearing Examiner’s questions, Mr. Dodson stated there will be no off-street parking. The building is the size of the lot. There will only be street parking on 6th Ave. • Glen Koch, 23306 Freezeout Rd., signed in opposition, concerned with there being too many tobacco stores in Caldwell and students/college students being introduced to tobacco. • Jon Koch, 23382 Freezeout Rd., signed in opposition, stated that he is the owner of the lot where Tacos Colima is located. They let the The Empire use the parking lot during the construction phase. They have left stucco, concrete bags and scaffolding on the property. Also concerned with this not being the right business for being next to the college. • Twyla Carmean, 5888 S Brian Way, Boise, signed in opposition, concerned with the use and safety. • Kevin Everson, 208 S 6th Ave, signed in opposition, concerned with parking, safety risks, and light pollution from the signage. Jessica Ott (Representative) 542 SW 1st St, Ontario, OR, in the rebuttal stated: • The entrance to the radiator shop off S 6th Ave will be closed off and made into a sidewalk with curb and gutter for additional parking spots. • Will work with owner about hours of operation regarding light pollution next to residential neighbors. • Will address and be in contact with neighbors about the scaffolding and cleaning up the properties. In response to the Hearing Examiner’s question, Mr. Dodson stated the parking lots that are adjacent to the project are public parking. They meet the parking requirements through the downtown code. Ms. Ott continued with the rebuttal stating: • They can direct the customers to park across the street so there is less traffic. • Everything sold in the store will be legal and meet state requirements. • Make sure customers are mindful of the surroundings with there being children next door. Ms. Durtschi closed the public hearing testimony at 2:10 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers SUP25-000009: 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 SUP25-000009: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers SUP25-000009 for The Empire is approved, subject to the conditions of approval listed in the staff report. 2. ACTION ITEM: Public Hearing Quasi-Judicial: Case Number: ZON25-000002: The applicant, Brighton Corporation, on behalf of East LME Group LLC, is requesting a zoning map amendment for parcel R35826011A0 from C-3, General Commercial, to R-3, Urban Residential. The subject site is designated Neighborhood 3 in the newly adopted Comprehensive Plan, which lists R-3 as a compatible zoning district. The 1.57 acre site is located on the northwest corner of E. Ustick Rd. and Lake Ave. intersection, in Caldwell, ID. Joe Dodson (Principal Planner) 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 agreed that the Development Agreement Modification will be heard with the Rezone application. In response to the Hearing Examiner’s question, Mr. Dodson stated: • It was originally annexed in as C-3 • To the south there is a church with a school. Directly to the east is a drive in theater and to the southeast there is office buildings. • Thirty-one out of thirty-five units will be income restricted. Amanda McNutt (Representative) 2929 W Navigator Dr, Meridian, signed in favor of the application and provided a description of the application. In response to the Hearing Examiner’s questions, Ms. McNutt stated: • Thirty-one out of the thirty-five units will be deed restricted. • Neighborhood meeting was not well attended. One of the neighbors requested fencing. Another neighbor, to the west, had questions about shared access. In response to the Hearing Examiner’s question Mr. Dodson agreed that the fencing will be addressed in future applications. He also stated that fencing is not required but if it is proposed he will require that they keep it. The site plan that was proposed had a buffer as well. Nate Phillips, 2929 W Navigator Dr, Meridian, signed in favor, clarified the area median income. Dan Robertson, 17070 Madison Rd, Nampa, did not use the signup sheet, questioned if Muffin Ln. was going to be used as access. In response to the Hearing Examiner’s question, Mr. Dodson stated there is no access proposed to Muffin Ln. Amanda McNutt (Representative) 2929 W Navigator Dr, Meridian, in the rebuttal stated: • They did talk about the Muffin St. access. Originally it had a sidewalk that attached to it. • Got rid of the sidewalk to eliminate the potential of residents parking or turning around there. Ms. Durtschi closed the public hearing testimony at 2:26 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers ZON25-000002: 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 ZON25-000002: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers ZON25-000002 for Ustick and Lake Rezone is recommended for approval, subject to the conditions of approval listed in the staff report. 3. ACTION ITEM: Public Hearing Quasi-Judicial: Case Number: SUP25-000001: The applicant, James Steele of CH1.LLC, is requesting approval of a special use permit for an event venue within a 12,000 sq. foot airplane hangar, to be located on airport property. The venue would cater to aeronautical themed events. The site is currently designated A-D (airport district). The development is located just southeast of the Airport Terminal Building near the intersection of E. Linden St. and Smeed Parkway., in Caldwell, Idaho. Garline Davis (Planner I) 205 S. 6th Avenue, provided the staff report by outlining its contents by use of a PowerPoint presentation.