HomeMy WebLinkAbout5-26-2004 HE MINUTES v � .
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CALDWELL PUBLIC HEARING BEFORE HEARING EXAMINER
• MINUTES
May 26, 2004
I. Call to Order — Hearing Examiner, M. Jerome Mapp, opened the meeting for the
public hearing at 7:00 p.m.
II. Review of Proceedings — Mr. Mapp outlined the procedures for the public
hearing.
Members Present: Joan Johnson, Debbie Geyer, and Scott Woods, Engineering
staff.
III. Old Business
The Hearing Examiner approved and signed minutes of April 30, 2004.
IV. Hearings -
A. CASE NUMBER ZON-41-04, a request by Harold Guenthner to rezone a parcel
from R-1 (Single-family Residential) to R-2 (Medium Density Residentia) in order
to convert a non-conforming triplex to a conforming use. This site abuts the west
side of Teton Avenue approximately 110 feet north of Roosevelt Street or 1507,
• 1509 and 1511 Teton Avenue. As a part of the zone request, the
Comprehensive Plan Land Use Map would be amended to designate this parcel
as mixed residential; the amendment would be included in the next available
update of the Comprehensive Land Use Map.
Testimony:
Joan Johnson, Planner II, Community Development Department, presented the
staff report.
Harold Guenthner, Applicant, testified in favor.
Carolyn Ernst, signed in favor, but chose not to speak.
Public testimony closed — Mr. Mapp closed public testimony.
NOTE: See order of Decision for complete testimony or contact Community
Development Department for audio tapes of the hearing.
Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable
to the following Comprehensive Plan components: Property Rights - Goal,
Objective B and Policy 1; School Facilities and Transportation — Goal; Land Use
— Goals I, II, and III; Public Services, Utilities and Facilities — Goal, Objective B,
Policies 2, and 7; Transportation — Goal Applicable to Circulation, I, I I, I II.
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Findings of Fact on Case No. ZON-41-04: The Hearing Examiner accepted the
• general facts as outlined in the staff report, public testimony and Exhibit PZ-1000.
Conclusions of Law on Case No. ZON-41-04: The Hearing Examiner accepted
the Conclusions of Law as outlined in the staff report.
Recommendation on Case No. ZON-41-04: The Hearing Examiner approved
Case No. ZON-41-04 with the conditions outlined in the staff report.
Public Hearing Closed - Mr. Mapp closed the public hearing.
B. CASE NUMBER SUP-214-04, a request by Bradshaw Construction for special
use approval to construct two professional office buildings on 2 lots located in R-
3(Multi-family High Density Residential) zones. The sites abut the east side of
South Kimball Avenue approximately 150 feet north of Logan Street or 1605 and
1609 South Kimball Avenue.
Testimony:
Joan Johnson, Planner II, Community Development Department, presented the
staff report.
Scott Woods, Engineering Department Representative, testified as staff.
Randy Haverfield, Applicant's Representative, testified in favor.
• Sallie Palleria, Applicant, signed in favor, but chose not to speak.
John Holton, testified in favor.
Tim Weber, testified as neutral.
Public testimony closed — Mr. Mapp closed public testimony.
NOTE: See order of Decision for complete testimony or contact Community
Development Department for audio tapes of the hearing.
Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable
to the following Comprehensive Plan components: Property Rights - Goal,
Objectives A, B, C, D and Policy 1; Special Areas of Sites Component — Goal;
School Facilities and Transportation — Goal, Objective A and Policy 1; Economic
Development — Goals I, II, IV, Objective A, Policies 1 and 3; Land Use — Goals I,
I I, I11, IV; Objectives Applicable to All Land Uses — A and B; Natural Resources —
Goals I, II, III, IV, Objective B, Policies 1 and 10; Hazardous Areas Component —
Policy 2, Public Services, Utilities and Facilities — Goal I, II, Objectives A, B, C,
Policies 1, 4, 5, 6 and 7; Transportation — Goals Applicable to Circulation I, II, III,
IV, Goals Applicable to Public Transportation I, III, Objectives A, B, C, Policies 4,
5, 6 and 7; Community Design — Goal, Objectives A, B, C, E, Policies 1, 2, 3, 5,
6, 8, 9 and 10; Public Safety Component — Goats I, II, Objectives A, B, Policies 1,
2, 3, 4, 5, 6, 7, 8, 9 and 11.
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Caldwell Hearing Examiner
Minutes — May 26, 2004
Page 2 of 4
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Findings of Fact on Case No. SUP-214-04: The Hearing Examiner accepted
. the general facts as outlined in the staff report, and public testimony and Exhibit
PZ-1000.
Conclusions of Law on Case No. SUP-214-04: The Hearing Examiner
accepted the Conclusions of Law as outlined in the staff report.
Order of Decision on Case No. SUP-214-04: The Hearing Examiner approved
Case No. SUP-214-04 with the conditions outlined in the staff report.
Public Hearing Closed - Mr. Mapp closed the public hearing.
C. CASE NUMBER OA-57-04, a request by the Community Development Director
to adopt an amended zoning map that supersedes and replaces the zoning map
as adopted by City Council on May 22, 2003 (Ordinance No. 2464). The new
map includes all rezones and annexations that occurred between January 1,
2003 and December 31, 2003. All of the zone boundary changes that occurred
during the time period were approved by City Council all respective public
hearings help pursuant to the requirements of Idaho Code, Title 67, Chapter 65,
Local Planning Act.
Testimony:
Joan Johnson, Planner II, Community Development Department, presented the
staff report.
• Public testimony closed - Mr. Mapp closed public testimony.
NOTE: See order of Decision for complete testimony or contact Community
Development Department for audio tapes of the hearing.
Findings of Fact on Case No. OA-57-04: The Hearing Examiner accepted the
general facts as outlined in the staff report, and public testimony.
Conclusions of Law on Case No. OA-57-04: The Hearing Examiner accepted
the Conclusions of Law as outlined in the staff report.
Recommendation on Case No. OA-57-04: The Hearing Examiner approved
Case No. OA-57-04 with the conditions outlined in the staff report.
Public Hearing Closed - Mr. Mapp closed the public hearing.
V. Adjournment:
The Hearing Examiner adjourned the meeting at approximately 7:40 p.m.
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME
MAPP, ON T TE NOTED BELOW:
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G M. Jerome � app D e J
Caldwell Heari� aminer
Minutes — Ma 6, 2004
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Co m ty Development Director
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Caldwell Hearing Examiner
Minutes — May 26, 2004
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