HomeMy WebLinkAbout7-13-2010 HE MINUTES � a w �
CALDWELL HEARING EXAMINER
MINUTES APP O ED
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July 13, 2010
I. Call to Order — Hearing Examiner, Mr. Jerome 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) and April Cabello (Planning Technician).
Members Absent: Brian Billingsley (Planning Director)
III. Old Business:
A. Mr. Mapp approved the Minutes of the May 11, 2010 meeting as signed on May 19,
2010 by Hearing Examiner Mapp.
IV. New Business:
A. Case Number SUB-188E-08 a request by Idaho Banking Company for a time extension
for the preliminary plat of Sawgrass Commercial Subdivision. The site is located at the
northwest corner of Karcher Road and Florida 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. Rory Rohrenbach, applicant's representative, signed in favor of the application and
provided supporting testimony. Mr. Rohrenbach stated the reasons for the extension
are solely to maintain the value of the property as having preliminary plat approval.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Findings of Fact for SUB-188E-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-188E-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 SUB-188E-08 is approved with
conditions 6.2 through 6.4.
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Hearing Examiner Minutes
July 13, 2010
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B. Case Number SUP-336-10 a request by Free Methodist Church of N. America and
Game Time Open Door Community Center for a special use permit for an education
program in the basement of an existing church in an R-1 Low Density Residential zone.
The proposed site is located at the southwest corner of the Montana Avenue and Spruce
Street intersection.
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. Krissy Blandford, applicant's representative, signed in favor of the application and
provided supporting testimony. A new structure is planned to the west of the
existing church. However, Ms. Blanford explained the urgency for starting the
adult/child education programs now and that the community cannot afford to wait
for the funding to be raised to build the new structure.
3. Jim Porter signed in favor of the application but did not wish to speak.
4. Sharon Porter signed in favor of the application but did not wish to speak.
5. Magda Ruano signed in favor of the application but did not wish to speak.
6. Salomon Ruano signed in favor of the application but did not wish to speak.
MR. MAPP CLOSED THE PUBLIC TESTtMONY.
Findings of Fact for SUP-336-10: 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 SUP-336-10: 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-336-10 is approved with
the following conditions:
• 8.2 through 8.15;
• add condition 8.16 to read as follows: This approved special use of an education program
shall become null and void and shall cease no later than 60 days following receipt of a
temporary certificate of occupancy for the new building.
C. Case Number ANN-182-10 a request by Larry Hostetler for annexation of 0.89 acres
with an M-1 (Light Industrial) zoning designation. The site is located on the north side of
Ustick Road approximately 1590 feet west of Middleton 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.
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Hearing Examiner Minutes
luly 13, 2010
` � �� � 2. Arlen Gingrich, applicant's representative, signed in favor of the application and
stated the reason for annexing is because the property is listed for sale and will be
more marketable to sell if the property is in the City limits.
3. Larry Hostetler, applicant, signed in favor of the application but did not wish to
speak.
MR. MAPP CLOSED THE PUB�IC TESTIMONY.
Findings of Fact for ANN-182-10: 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-182-10: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
Recommendation: The Hearing Examiner recommended that Case Number ANN-182-10 be
approved with conditions 8.2 — 8.6.
D. Case Number SUB-170E-08 a request by Garden Properties, LLC and Bailey Engineering,
Inc. for a time extension for the preliminary plat of Kearney Business Condos. The site is
located at the northeast corner of Centennial and Kearney.
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. Mr. Mapp stated for the record that the 1 year time extension application process is
a general procedure and if the applicant has met all requirements then the request
will not be denied. Mr. Mapp said for the record that neither the applicant nor the
applicant's representative attended the hearing and there is no requirement the
applicant attends the hearing for something that is routine. Mr. Mapp also stated
that no one signed in favor, neutral or opposition of the time extension and,
because no one was opposed, the request was able to be approved without the
attendance of the applicant.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Findings of Fact for SUB-170E-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-170E-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 SUB-IZOE-08 is approved with
conditions 6.2 through 6.5.
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V. Planning Issues — None
VI. Adjournment
The Hearing Examiner adjourned the meeting at approximately 7:55 p.m.
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE
NOTED BELOW:
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Anne a ie n r, enior P a / Development Team Leader Date
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