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HomeMy WebLinkAboutHE Minutes 07.22.25Page 1 of 5 HEARING EXAMINER MEETING MINUTES Tuesday, July 22nd, 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); Katie Wright (Planner II); April Cabello (Planner I); Hallie Hart (City Engineer); Morgan Bessaw (Deputy Director) CONSENT CALENDAR: None OLD BUSINESS: None NEW BUSINESS: 1. ACTION ITEM: Public Hearing Quasi-Judicial: Case Number: SUP25-000010: The applicant, Dan and Shelley Kottman, are requesting a special use permit for an accessory structure totaling 2,400 sq. ft. The accessory structure is 285 sq. ft. larger than the single-family residential structure on site, which is why the SUP is required. The 2.3 acre parcel is zoned R-1, and is located at 1207 Svannah St., on the North side of Savannah St., approximately 550 feet west of the intersection with Rice Ave., in Caldwell, ID. 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 question, Ms. Cabello agreed the driveway does have to be paved 25 ft. into the site. Dan Kottman (Applicant) 1207 Savannah St, signed in favor of the application and provided a description of the application. In response to the Hearing Examiner’s questions, Mr. Kottman agreed it is strictly for personal use and stated he is aware of the 25 ft paving into the site. No one from the public signed up to speak. There was no rebuttal. Ms. Durtschi closed the public hearing testimony at 1:42 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers SUP25-000010: 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 SUP25-000010: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers SUP25-000010 for Kottman Accessory Structure is approved, subject to the conditions of approval listed in the staff report. Page 2 of 5 2. ACTION ITEM: Public Hearing Quasi-Judicial: Case Number: SUP25-000005: The applicant Hatch Design Architecture, on behalf of Venus Development LLC, is requesting approval of a special use permit for outdoor storage of RVs as well as for a diesel repair shop on two parcels totaling approximately 10.31 acres. The property is zoned C-3, Commercial Service, and is located on the west side of Middleton Rd., approximately 400 feet south of the intersection with Ustick Rd, Idaho. Garline Davis (Planner I) 205 S. 6th Avenue, provided the staff report by outlining its contents by use of a PowerPoint presentation. Hailei Hart (City Engineer) 205 S. 6th Avenue, in response to the Hearing Examiner’s questions stated: • The concern with the access point is the spacing between the two proposed locations. • They have an access management policy as well as a Middleton Corridor Plan. • The 2nd access is not desired because of safety concerns on the Middleton Corridor. • Public safety is Engineering’s first concern. Jeff Hatch (Applicant) 200 W 36th St, Boise, signed in favor of the application and provided a description of the application by use of a PowerPoint. Mr. Hatch addressed the two comments regarding fencing and the second access being for bigger vehicles. The applicant is okay with having solid fencing along the frontage. The southernly access would not be publicly accessed and would be gated. Large diesel repairs would use the second access for when leaving the site for larger turning radius. Mr. Hatch continued with his PowerPoint Presentation. In response to the Hearing Examiner’s questions, Mr. Hatch stated: • Second access was discussed previously with engineering staff. • Open to have an operational procedure when gates are opened. • Have looked at the option of one entrance and it would not work because it would disrupt parking along the frontage and would be challenging for lager vehicles. In response to the Hearing Examiner’s question, Ms. Hart stated Steve Pendleton has been doing majority of the communication and has not mentioned an operational agreement but can be discussed as an option. The Public Hearing Testimony was opened: • Jerilyn Briten, 3008 Magnolia St, signed in favor, stated she believes the use would be good for Caldwell and is a great project. • Jerry Dickerson, 3615 S Raintree, Nampa, signed in favor, stated it is a great project. Brennan May (Traffic Engineer), 9575 W Higgens Rd, Ste 400, Rosemont IL, In response to the Hearing Examiner’s questions discussed access and turn radius for larger vehicles. • Gregg Ferney, 4549 N Mackenzie Ln, Boise, signed in favor, stated the project is a beneficial business and great for employment. • Winston Inonye, 19786 Adirondack Way, signed in favor, stated the owners are great people and it is a great business. Mark Gross (Applicant), 26489 Middleton Rd, talked about the need for second access. Also, explains how it is needed to help alleviate stress on the semi. In response to the Hearing Examiner’s questions, Ms. Hart stated: • She is happy to discuss an operation agreement. Page 3 of 5 • Agreed on conditioning if the applicant cannot find a resolution with the Engineering Dept., then they would be limited to one access point. Jeff Hatch (Applicant) 200 W 36th St, Boise, in the rebuttal stated he is comfortable with the condition. In response to the Hearing Examiner’s questions, Morgan Bessaw (Deputy Director) 205 S. 6th Avenue, stated: • Staff wanted to clarify that they were recommending solid perimeter fencing, not just along the Middleton Rd. frontage but would differ to the Hearing Examiner whether single frontage solid screening was sufficient or if solid fencing would be required around the entire perimeter? • The condition could be modified to require review at time of building permit. In response to the Hearing Examiner’s question Mr. Hatch stated they are okay with having solid fencing along frontage and the rest of the perimeter be wrought iron. Ms. Durtschi closed the public hearing testimony at 2:34 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers SUP25-000005: 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 SUP25-000005: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers SUP25-000005 for Ray’s Diesel repair and RV Storage is approved, subject to the conditions of approval listed in the staff report with the following amendments: Modified condition #3: Prior to issuance of construction documents or a building permit, the applicant shall provide specifications for the solid, sight obscuring fencing to be installed along the Middleton Road frontage. For all other portions of the project, fencing shall remain as proposed. Final fence design is subject to review and approval by the Planning and Zoning Department. Addition of condition #4: Prior to issuance of construction documents or a building permit, the applicant shall coordinate with the City’s Engineering Department to develop and execute an Access Management Agreement for the proposed secondary site access and agree upon necessary modifications to the curbline to allow only for the right-out movement. If such an agreement is not reached, the site shall be restricted to a single access as stipulated in the Engineering Staff Report. 3. ACTION ITEM: Public Hearing Quasi-Judicial: Case Number: SUP25-000003: The applicant, Jeff Likes of ALC Architecture, on behalf of Cormeier Family Trust, is requesting approval of a special use permit to construct additional storage buildings at an existing traditional ministorage facility in the C-3 zone and within the APO-1 overlay. The property received approval for a Special Use Permit in 2018 for the existing use; an expansion was anticipated at that time but not included in the entitlements. The two new storage structures are proposed to match the existing facilities. The development is located on the east side of Middleton Rd., approximately 690 feet south of the intersection with Ustick Rd., 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. Jeff Likes (applicant) 1119 E State St, signed in favor of the application and provided a description of the application. Mr. Likes stated they did have a neighborhood meeting. Two neighbors showed up from one household. They stated they didn’t want lights behind the building, which the applicant agreed to. Page 4 of 5 In response to the Hearing Examiner’s question, Mr. Likes stated: • There is currently landscaping behind the building, but it was not very well maintained. So, they will be adding what is on the landscape plan. • The parcel to the north is not related to the project, and the applicant does not know what will go there. No one from the public signed up to speak. There was no rebuttal. Ms. Durtschi closed the public hearing testimony at 2:48 pm. FINDINGS OF FACT AND CONCLUSSIONS OF LAW FOR Case Numbers SUP25-000003: 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 SUP25-000003: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case Numbers SUP25-000003 for Ustick Storage is approved, subject to the conditions of approval listed in the staff report. 4. ACTION ITEM: Public Hearing Quasi-Judicial: Case Number: PUD25-000003: The applicant, Hatch Design and Architecture, on behalf of Logan Hill LLC, is requesting approval of a Planned Unit Development application for Logan Meadows, a multifamily housing development with 11 fourplexes and one duplex for a total of 46 dwelling units. The 4.51 acre property is zoned R-2, and is located on the south side of W. Logan St., approximately 1,700 feet east of the intersection with Farmway Rd, in Caldwell, Idaho. 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 agreed that the applicant submitted during the short window of time between adoption of the new comp plan but prior to the adoption of the new associated code and was therefore reviewed under the old code, which did not align well with the new comp plan. In response to the Hearing Examiner’s questions, Ms. Wright stated if the applicant submitted under new code they would have to apply for a Special Use Permit instead of a PUD and would likely need to make other adjustments to parking, landscaping, and incorporating the new multifamily code requirements. Jeff Hatch (Representative) 200 W 36th St, Boise, signed in favor of the application and provided a description of the application. In response to the Hearing Examiner’s questions, Mr. Hatch stated: • He believes the applicant had previously begun submittals for various permits, however, they were never completed or pulled within the required timeframes and entitlements expired. The Public Hearing Testimony was opened: • Dennis Marston, 502 W Logan St, stated he was concerned with traffic and road conditions. Hailei Hart (City Engineer) 205 S. 6th Avenue, in response to the Hearing Examiner’s questions stated: • Engineering does not have Logan St listed as one of the CIP projects. • There are no proposed improvements for Logan St within the next year. • Applicant will conduct half street improvements on their frontage.