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Home My WebLink About8-26-2008 HE MINUTES r CALDWELL HEARING EXAMINER APP O EV p ,,/,, � M I N UTES �C-��.�� I August 26, 2008 ', I I I. Call to Order — Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public hearing at 7:10 p.m. II. Review of Proceedings — Mr. Jerome Mapp outlined the procedures for the public hearing. Members Present: Anne Marie Skinner (Senior Planner), Brian Billingsley (Planning Director), Brent Orton (City Engineer) and Savanna Davis (Administrative Secretary) iil. Old Business A. Mr. Mapp continued the foilowing case: Case Number ZON-61-08 a request by C&MP Properties LLC and B&A Engineers for a rezone of 1.6 acres from R-1 Low Density Residential to R-3 High Density Residential and a development agreement. The site is addressed as 106 S. Indiana Avenue and is located on the west side of Indiana Avenue and the south side of Hillcrest Lane if it were extended. Mr. Mapp approved the minutes of the July 29, 2008 meeting. IV. New Business A. Case Number SUB-193P-08 a request by Retail Development of North America LLC, Salmon Point Development and Civil Survey Consultants for preliminary plat approval of Sawgrass East Commercial Subdivision consisting of 9 commercial lots and 3 common lots. The site is located at the northeast corner of Florida Avenue and Karcher Road. Testimony: a) Anne Marie Skinner, Senior Planner, presented the staff report and submitted an aerial map labeled as exhibit PZ-1000. b) Jim Money signed in as the applicant and provided supporting testimony. c) Drew Newham signed in favor of the application and provided supporting testimony. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for SUB-193P-08: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list as presented. Hearing Examiner Minutes Page 1 oF6 Meeting on August 26, 2008 ` , Conclusions of Law for SUB-193P-08: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation: The Hearing Examiner recommended that Case Number SUB-193P- 08 be approved with the following conditions: • 8.2 through 8.13 • Delete condition number 8.14 B. Case Number SUP-315-08 a request by Caldwell Urban Renewal Agency, Norfleet Developments LLC, and Treasure Valley Community College for a special use permit for a community college in a C-2 Community Commercial zone. The site is located on the south side of Thomas Jefferson Street approximately 242 feet east of Smeed Parkway. Testimony: a) Anne Marie Skinner, Senior Planner, presented the staff report and submitted an aerial photo labeled as exhibit PZ-1000. b) Brent Orton's staff report addendum: comment regarding a traffic study. Delete item number 1 under traffic mitigation in the staff report. c) Laren Bailey, applicant's representative, signed in favor of the application and provided supporting testimony. Mr. Bailey stated that %< of the first floor would be for administration and the second floor would be for classrooms. d) Mr. Mapp asked if there is enough room for the facility to expand on this particular building site. e) Mr. Bailey stated that there would not be enough room on the site. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for SUP-315-08: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list as presented. Conclusians of Law for SUP-315-08: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Order of Decision: The Hearing Examiner ordered that Case Number SUP-315-08 is approved with the following conditions: • Page 3, "Traffic Mitigation Item 1" DELETED. • 8.2 through 8.14. C. Case Number ANN-173-07 8� SUB-194P-08 a request by Grand Slam LLC, Preston Nirhnlac a�� Tnnthman-nrt�n Fnoineerina for annexation of 24.03 acres with a C-3 .............. _.._ . ---....._.. _. __. _..�... _ . „ Service Commercial zone, a development agreement and preliminary plat approval of The Oasis Commercial Subdivision consisting of 20 commercial lots. The site is located Hearing Examiner Minutes Page 2 of 6 Meeting on August 26, 2008 on the north side of Homedale Road and the westerly side of Cleveland Boulevard, addressed as 6804 Cleveland Boulevard. Testimony: a) Anne Marie Skinner, Senior Planner, presented the staff report and submitted an aerial photo labeled as PZ-1000. b) Patrick Colwell, applicanYs representative, signed in favor of the application and provided supporting testimony. c) Darin Taylor signed in favor of the application and provided supporting testimony. d) Preston Nicholes signed in favor of the application and provided supporting testimony. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for ANN-173-07 8� SUB-194P-08: The Hearing Examiner accepted the , general facts as outlined in the staff report, public testimony, and the evidence list as presented. Conclusions of Law for ANN-173-07 & SUB-194P-08: The Hearing Examiner accepted ' the Conclusions of Law as outlined in the staff report. � Recommendation: The Hearing Examiner recommended that Case Number ANN-173-07 I & SUB-194P-08 be approved with the conditions as outlined in the staff report. ' j � D. Case Number SUP-314-08 a request by Treasure Valley Christian Church, Oasis Food Center and Royce Wright for a special use permit for a soup kitchen/food distribution , center in an R-1 Low Density Residential zone. The site is addressed as 615 13`" Avenue and is located on the north side of Fillmore and the east side of South 13� Avenue. � Testimony: i a) Anne Marie Skinner, Senior Planner, presented the staff report and submitted � an aerial photo labeled as PZ-1000. b) Royce Wright, applicant, signed in favor of the application and submitted some talking points as exhibit PZ-1001. Mr. Wright also request that Mr. Mapp waive , requirements number 8.6 & 8.8 c) Mr. Mapp stated that maybe the applicant could find an engineer to donate his ' services. d) Ms. Skinner clarified to Mr. Mapp what requirements were being requested to be waived. e) Mr. Mapp asked Mr. Wright why this facility has been being operated for some time without the proper permits. fl Mr. Wrighf stated that he just didn't think about needing permits to do it. g) Reba Lubking signed in favor of the application and provided supporting testimony h) Roger Perry signed in favor of the application and provided supporting tocfimnnv i) Norma Buch, signed in favor of the application and provided supporting testimony. Hearing Examiner Minutes Page 3 of 6 Meeting on August 26, 2008 j) Darryl Haney signed in favor of the application and provided supporting testimony. k) Terri Haney signed in favor of the application and provided supporting � testimony. '', I) Randy Reid signed in favor of the application and provided supporting testimony. m) P.J. Bither, signed neutral to the application and stated his concerns for the setbacks for the accessory building and the compressors that run loudly next to his bedroom window. ' n) Royce Wright stated that there are 2 compressors on the property for walk-in ' coolers and he stated that the problem will be addressed. MR. MAPP CLOSED THE PUBLIC TESTIMONY. � Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as ! listed. !, I Findings of Fact for SUP-314-08: The Hearing Examiner accepted the general facts as I outlined in the staff report, public testimony, and the evidence list as presented. ', Conclusions of Law for SUP-314-08: The Hearing Examiner accepted the Conclusions of ! Law as outlined in the staff report. i, Order of Decision: The Hearing Examiner ordered that Case Number SUP-314-08 is , approved with the following conditions: I I • 8.2 through 8.7 ', • 8.8 with the addition of the following: "except that the requirement to pave the ' alley shall be deferred in � deferral agreement as prepared by the Engineering I Department." � • 8.9 through 8.14 I . ', I E. Case Number SUB-192P-08 a request by Schuyler Enochs for preliminary plat approval , of Enochs Commercial Subdivision consisting of two commercial lots in a C-2 Community ' Commercial zone and an amendment to an existing development agreement regarding ! transportation and reuses. The site is located at the northeast corner of Ustick Road and ' South 10� Avenue. ' , Testimony: , a) Anne Marie Skinner, Senior Planner, presented the staff report and submitted an aerial photo labeled as PZ-1000. b) Susan Wildwood, applicanYs representative, signed in favor of the application and provided supporting testimony. c) Bert Kirby signed in favor to the application and stated that he agrees with Susan Wildwood. d) Schuyler Enochs signed in favor of the application and provided supporting testimony. e) Orville Collins signed in favor of the application and stated that he also agrees with Susan Wildwood. fl PepQV Miller siqned in neutral to the application and stated her concerns for traffic, lighting at the site at night, the lack of landscaping around the site and the access on to Brian. Hearing Examinet Minutes Page 4 of 6 Meeting on August 26, 2008 � - I g) Julie Katzenberger signed in neutral to the application and chose not to speak. h) John Favitlo, signed in opposition to the app�ication and stated his concerns for � the uses that may be allowed at the site in the future. '� i) Mr. Mapp clarified that any use that is permitted in that zone will not come back I to the city for review and those which require a special use permit will come back to the city for review. �, j) Mrs. Wildwood stated that she thought there wouid be a dentist office, medical building, or a light office type. k) Mr. Mapp asked Ms. Skinner whether or not the landscaping ordinance will require a fence. I) Ms. Skinner stated that the current landscaping ordinance does require a fence but if the Mr. Mapp chooses to waive that requirement he may do so. m) Mr. Mapp asked Ms. Skinner to review the development agreement and whether a fence or a berm is required. n) Ms. Skinner stated that she has reviewed the development agreement and a landscaping berm is not required. o) Mr. Mapp clarified to the public that a lot of things are discussed during a hearing but unless someone actually makes a motion and it goes into a development agreement it is not final. p) Ms. Skinner read the landscaping portion of the development agreement into the record . q) Mr. Mapp asked Ms. Wildwood about limiting the hours of operation and the access onto Brian Ave. r) Ms. Wildwood stated that the applicant cannot limit the hours of operations. s) Ms. Skinner clarified that the current landscaping on the subject site does not yet meet the landscaping requirements, but will have to. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the camprehensive plan analysis as listed. Findings of Fact for SUB-192P-08: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list as presented. Conclusions of Law for SUB-192P-08: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation: The Hearing Examiner recommended that Case Number SUB-192P- 08 be approved with the following conditions: • Truck service and/or truck delivery vehicles are prohibited from using the access on Brian Avenue. • The fire access on Brian Avenue shall be equipped with bollards that meet the approval of the Fire Department. '� • There shall be no fence placed on the east boundary of the subject property, but all other landscaping requirements as listed in the landscaping ordinance shall be ,, met. � • As part of the development agreement amendment, a cross-access easement ' shall be provided across the entire subject property which includes the parcel for Ganyon Small Animal Hospital. Hearing Examiner Minutes Page 5 of 6 Meeting on August 26, 2008 VII. Planning Issues VIII. Adjournment The Hearing Examiner adjourned the meeting at approximately 9:05 p.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON T DATE NOTED BELO � -'— �- � G �: ( � � ATTEST: � _- — � M. Jerom Mapp Qate Anne a i kinner, enior Planner I I I I ' il ' i Hearing Examiner Minutes Page 6 of 6 Meeting on August 26, 2008