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Home My WebLink About4-18-2006 HE MINUTES � M � CALDWELL PUBLIC HEARING BEFORE HEARING EXAMINER • MINUTES April 18, 2006 APP p CC-�si.�d.l.L� I. Call to Order — Hearing Examiner, M. Jerome Mapp, opened the meeting for the public hearing at 7:03 p.m. II. Review of Proceedings — Mr. Jerome Mapp outlined the procedures for the public hearing. Members Present: Gian Paolo Mammone (Director), Brian Billingsley (Senior Planner), Dee Fernandez (Secretary) and Brent Orton (Engineering Department). III. Old Business A. Mr. Mapp approved the minutes of the March 28, 2006 meeting with the necessary corrections as provided to staff. IV. New Business/Hearings — A. Case Number SUP-264-06, a request by the City of Caldwell, for special use permit approval to operate public offices in a C-3 (Service Commercial) zone. The site is located at 411 Blaine Street. • Testimony: Brian Billingsley, Senior Planner, presented the staff report. Zoning of C-2 confirmed, not C-3 as noted on agenda. He noted that the application includes a conditional use permit needed for the off-site parking. Geri Kammeyer, ApplicanYs Representative, testified in favor of the application. She reported that the ADA-sidewalk is completed, and that fire and security alarm system installations are in progress. Public testimony closed — Mr. Mapp closed public testimony. Comprehensive Plan Analysis on Preliminary and Final Plat: Mr. Mapp found that the request was applicable to the Comprehensive Plan components listed in Sections 5. 1 through 5.6 in the staff report. Findings of Fact on Preliminary and Final Plat: The Hearing Examiner accepted the general facts as outlined in the staff report and public testimony as a part of the Findings. Conclusions of Law on Preliminary and Final Plat: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. • Recommendation: The Hearing Examiner recommended approval of Case Number SUP-264-06, a request by the City of Caldwell, for special use permit approval to Caldwell Hearing Examiner Minutes — April 18, 2006 operate public offices with an accessory parking lot at 5 and Arthur in a C-2 (Service • Commercial) zone with the conditions outlined in Sections 8.2 through 8.12. Case closed. NOTE: See order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. ..............................................................................� B. Case Number ANN-116-06, a request by Kimberly Huitt, to annex approximately 1.49 acres into the City as an R-1 (Single-Family Residential) zone. The site is located at 2604 Polk Street. Testimony: Brian Billingsley, Senior Planner, presented the staff report. He confirmed 1.49 acres, not 1.59 as read by Mr. Mapp. Kimberly Huitt, Applicant, testified in favor of the application. She testified that she has hard water despite having a water softener, and she wishes to hook up to City water service. She does not wish to have City sewer unless it is required. Brent Orton, Engineering, answered Mr. Mapp's question about if there are requirements to hook up to City sewer. He answered that there are no such regulations at this time • and that septic systems are not disallowed in the City. Public testimony closed — Mr. Mapp closed public testimony. Comprehensive Plan Analysis on Preliminary and Final Plat: Mr. Mapp found that the request was applicable to the Comprehensive Plan components listed in Sections 5.1 through 5.4 in the staff report. Findings of Fact on Preliminary and Final Plat: The Hearing Examiner accepted the general facts as outlined in the staff report and public testimony as a part of the Findings. Conclusions of Law on Preliminary and Final Plat: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation: The Hearing Examiner recommended approval of Case Number ANN-116-06, a request by Kimberly Huitt, to annex approximately 1.49 acres into the City as an R-1 (Single-Family Residential) zone. Case closed. NOTE: See order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. • ..............................................................................� Caldwell Hearing Examiner Minutes — April 18, 2006 C. Case Number SUP-262-06, a request by Imelda Rodriguez, for special use permit approval to operate a daycare facility, for 12 children, in an R-2 (Medium Density • Residential) zone. The site is located at 108 East Omaha Street. Testimony: Brian Billingsley, Senior Planner, presented the staff report. He clarified the address as 108, not 106 as read by Mr. Mapp. Imelda Rodriguez, Applicant, testified in favor of the application. She testified that she wishes to offer an extended-hours daycare facility, with hours of operation from 5:00 a.m. to 12:00 or 2:00 a.m., 7 days a week; the hours would vary depending on the needs of the parents. She answered Mr. Mapp's questions about having spoken with her neighbors, and that she did not receive any complaints or concerns from them. Public testimony closed — Mr. Mapp closed public testimony. Comprehensive Plan Analysis on Preliminary and Final Plat: Mr. Mapp found that the request was applicable to the Comprehensive Plan components listed in Sections 5. 1 through 5.5 in the staff report. Findings of Fact on Preliminary and Final Plat: The Hearing Examiner accepted the general facts as outlined in the staff report and public testimony as a part of the Findings. Conclusions of Law on Preliminary and Final Plat: The Hearing Examiner accepted • the Conclusions of Law as outlined in the staff report. Recommendation: The Hearing Examiner recommended approval of Case Number SUP-262-06, a request by Imelda Rodriguez, for special use permit approval to operate a daycare facility, for 12 children, in an R-2 (Medium Density Residential) zone with the conditions outlined in Sections 8 through 8.5, 8.6 to include the number of 12 children, 8.7 through 8.14, and 9.1 to be as follows: • Hours of operation as 5:00 a.m. to 2:00 a.m.; and • Permitted seven days per week. Case closed. NOTE: See order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. ..............................................................................� D. Case Number SUB-143P-06 (Caldwell Crossing), a request by North Pole LLC for preliminary plat approval to develop 7 commercial lots and one common lot on approximately 5.86 acres in a C-2 (Community Commercial) zone. The site is located at the northeast corner of Franklin Road (Highway 20/26) and Smeed Parkway. • Caldwell Hearing Examiner Minutes — April 18, 2006 Testimony: . Brian Billingsley, Senior Planner, read into the record a letter from Dennis Montgomery, of Treasure Valley Engineers, requesting deferment to the next available hearing date. Case to be heard at the May 16, 2006 Hearing Examiner public hearing. Case deferred. NOTE: See order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. ..............................................................................� E. Case Numbers SUB-142P-06 and ANN-115-06 (Jordan Meadows Subdivision), a request by Briggs Engineering, to annex approximately 101.25 acres into the City as an R-1 (Single-Family Residential) zone, and for preliminary plat approval to develop 318 residential lots and 19 common lots. The site is located at the corner of Midland and Ustick Roads. Testimony: Brian Billingsley, Senior Planner, presented the staff report. Dean Bri s A licant's Re resentative testified in f v a or of the a lication. He 99 , pp p , PP commented about the number of phases anticipated, and addressed some points in the � staff report and issues of including three outparcels in the preliminary plat. Douglas Jordan signed in favor of the application and provided testimony about his family's history of living on the property. Skip McPorter signed in favor of the application and provided testimony about the schools and parks in and near the subdivision; also fences and barriers. Lee Jordan signed in favor of the application and provided testimony about his family's history on the land, and his children's desires to live there. Josh Wilhelmsen signed in favor of the application. He provided testimony that he does not wish to be annexed into the City and his desire that any improvements are to be made by the developer, not the homeowners. Brett Orton, Engineering, gave testimony about improvements on the parcels. Public testimony closed — Mr. Mapp closed public testimony. Comprehensive Plan Analysis on Preliminary and Final Plat: Mr. Mapp found that the request was applicable to the Comprehensive Plan components listed in Sections 5. 1 through 5.10 in the staff report. Findings of Fact on Preliminary and Final Plat: The Hearing Examiner accepted the general facts as outlined in the staff report and public testimony as a part of the . Findings. Caldwell Hearing Examiner Minutes — April 18, 2006 _ ,. Conclusions of Law on Preliminary and Final Plat: The Hearing Examiner accepted • the Conclusions of Law as outlined in the staff report. Recommendation: The Hearing Examiner recommended approval of annexation, development agreement, and modification of the Comprehensive Plan Map to low density residential for Case Number ANN-115-06 and approval of Case Number SUB- 143P-06 (Jordan Meadows Subdivision) with the conditions outlined in Sections 11.2 through 11.33; 11.12 to be modified as follows: ' • Along pathways shall be visible to public with fence not higher than 3 feet. Case closed. NOTE: See order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. ..............................................................................� V. Adjournment: The Hearing Examiner adjourned the meeting at approximately 8:15 p.m. � MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED BELOW: ATTEST: M. Jerome Mapp Date Community Development Director � Caldwell Hearing Examiner Minutes — April 18, 2006