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Home My WebLink About5-11-2010 HE MINUTES � i , CALDWELL HEARiNG EXAMINER � CC�_ � � EC.� `t , MINUTES --..,,.�,� May 112010 I. Call to Order— Hearing Examiner, Mr.lerome Mapp, opened the meeting for the public hearing at 7:00 p.m. II. Review of Proceedings — Mr. Jerome Mapp outlined the procedures for the public hearing. Members Present: Anne Marie Skinner (Senior Planner/Development Team Leader), Brent Orton (Public �, Works Director), Brian Billingsley (Planning Director) and April Cabello (Planning Technician). III. Old Business: A. Mr. Mapp approved the Minutes of the March 9, 2010 meeting as signed on March 24, 2010 by Hearing Examiner Mapp. B. (Continued from March 9, 2010) WITHDRAWN Case Number ANN-179-10 a request by Barney Glen Gwendolyn Trust and Mason and Stanfield Inc. for annexation of 4.5 acres with an M-1 (Light Industrial) zoning designation and a comprehensive plan map classification change from Commercial to Industrial. The site is addressed as 5617 Cleveland Boulevard. IV. New Business: A. Case Number SUB-133E-05 a request by Karcher 59 LLC and Mutual Benefit Investments for a time extension for the preliminary plat of Fieldcrest Village Subdivision located at the northeast corner of Karcher Road and Lake Avenue. Testimony: 1. Anne Marie Skinner, Senior Planner/Development Team Leader, presented the staff report and submitted an aerial map of the site labeled as PZ-1000. 2. Cheryl Moriarty, applicant's representative, signed in favor of the application and provided supporting testimony. Ms. Moriarty stated the reasons for the extension are the economic conditions and finalization of the Hwy 55 Corridor Study by Idaho Transportation Department. MR. MAPP CLOSED THE PUBLIC TESTIMONY. 1 Hearing Examiner Minutes May 11, 2010 2 , _. s Findings of Fact for SUB-133E-05: 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-133E-05: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Order of Decision: The Hearing Examiner ordered that Case Number SUB-133E-05 is approved with conditions 6.2 through 6.3. B. Case Number SUB-185E-07 a request by Pine Street LLC and Stanley Consultants, Inc. for a time extension for the preliminary plat of Selah Estates Subdivision located at the northwest corner of 10 Avenue and Homedale Road. Testimony: 1. Anne Marie Skinner, Senior Planner/ Development Team Leader, presented the staff report and submitted an aerial map of the site labeled as PZ-1000. 2. Mike Wilson, applicant's representative, signed in favor of the application and provided supporting testimony. Mr. Wilson stated the reasons for the extension were outlined in the narrative submitted with the application. 3. Will Black, applicant, signed in favor of the application but did not wish to speak. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Findings of Fact for SUB-185E 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-185E-07: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Order of Decision: The Hearing Examiner ordered that Case Number SUB-185E-07 is approved with conditions 6.2 through 6.3. C. Case Number SUP-331-10 a request by Keybank and YESCO for a special use permit to add an electronic reader board to an existing sign located at the northeast corner of 9` Avenue and Cleveland Boulevard. Testimony: 1. Anne Marie Skinner, Senior Planner/ Development Team Leader, presented the staff report and submitted an aerial map of the site labeled as PZ-1000. 2. Craig Lunsford, applicant's representative, signed in favor of the application and provided supporting testimony. 2 Hearing Examiner Minutes May il, 2010 � ..* � 3. Mr. Mapp confirmed with staff and the applicant that one of the reasons for the two electronic reader board signs is because of the one-way streets and that the building fronts on both the front and the rear. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Findings of Fact for SUP-331-10: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list as presented. Mr. Mapp further noted the following: - The building has one one-way street to its front and a second one-way street to its rear, each one-way street being in a different travel direction. - The proposed sign will not impede pedestrian traffic. - The proposed sign is outside of the vision triangle. - The proposed sign is not in conflict with the existing signage. Conclusions of Law for SUP-331-10: 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-331-10 is approved with conditions 8.2 through 8.14. D. Case Number ANN-181-10 a request by Hardy Estates LLC for annexation of 5.23 acres with an M-1 (Light Industrial) zoning designation. The site is located approximately 1,890 feet south of Linden, southwest of Indian Creek and northeast of the railroad tracks in Section 36, T4N, R3W. Testimony: 1. Anne Marie Skinner, Senior Planner/ Development Team Leader, presented the staff report and submitted an aerial map of the site labeled as PZ-1000. Ms. Skinner stated this site should have been annexed when the subdivision was annexed and the City is now asking Debbie Lasher to annex into the City under Category A annexation. 2. Debbie Lasher, applicant, signed in favor of the application and stated she was not aware that all of the land had not been annexed into the City and agrees it should be annexed into the City. 3. Pete Echevarria signed in neutral of the application and stated his property is landlocked due to the subdivision and wants to know why this land had not been annexed and needs confirmation this land to be annexed is not his property. 3 Hearing Examiner Minutes May 11, 2010 �►..� � ., 4. Mr. Mapp confirmed with Mr. Echevarria that there is no road or access to his property and asked about how long ago it was that the property became land locked. 5. Mr. Echevarria stated that he could not remember but no one at the City would help him. 6. Brent Orton, Public Works Director, stated that he recalled there once was an agreement that Mr. Echevarria could access his property through the Indian Creek Estates and stated he would assist Mr. Echevarria in figuring out the situation. MR. MAPP CLOSED THE PUBLIC TESTIMONY. '* Findings of Fact for ANN-181-10: 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-181-10: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation: The Hearing Examiner recommended that Case Number ANN-181-10 be approved with condition 8.2. V. Planning Issues — None VI. Adjournment The Hearing Examiner adjourned the meeting at approximately 7:45 p.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED BELOW: , � `� � ,/ � � M. erome M Dat ATTEST: � �� Anne M ie Skinner, Senior P anner D elo t Team Leader Date 4 Hearing Examiner Minutes May 11, 2010