HomeMy WebLinkAbout11-9-2011 HE MINUTES I I
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CALDWELL HEARING EXAMINER �I
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November 9, 2011
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I. Call to Order — Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public hearing at �i
7:04 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), Brian Billingsley
(Planning Director), Robb MacDonald (Assistant City Engineer), and April Cabello (Planning Technician).
Members Absent: None.
111. Old Business:
A. Mr. Mapp approved the Minutes of the September 13, 2011 meeting as signed on
September 16, 2011 by Hearing Examiner Mapp.
IV. New Business:
A. Case Number SUP-349-11 a request by United Metals LLC for special use permit approval to
operate a metal/wrecking/salvage yard in an M-1 Light Industrial zone on property
addressed as 219 Main Street.
Testimony:
1. Anne Marie Skinner, Senior Planner/Development Team Leader, 621 Cleveland
Blvd., Caldwell, ID 83605, presented the staff report and submitted an aerial
map of the site labeled as PZ-1000.
2. Ms. Skinner reported on the uses surrounding the site. North of the subject I
property is zoned M-1 and contains railroad tracks as well as another wrecking �I
metal salvage yard. Immediately to the south is zoned M-1 and is bare ground. 'I
East of the subject property is zoned M-1 and is a warehouse for Caxton ,
Printing where they store their printing materials. West of the subject property
is zoned M-1 and that area also has a warehouse and auto body/repair shop.
3. Ms. Skinner stated there is no existing landscaping on the site. As part of the
special use permit approval it would require a landscape conditio� to place a
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ten-foot wide street landscape buffer along the subject property's main street
frontage. The ten-foot wide landscape buffer would be a dry landscape buffer
consisting of two types of rock as ground cover and large boulders, one for
every 35 feet of frontage, Ms. Skinner further stated there are no parking
requirements because the use will not utilize any office buildings or structure.
4. Mr. Mapp inquired about employee parking.
5. Ms. Skinner explained that the parking ordinance ties parking requirements to
structures and buildings and there are no parking requirements for a ,
salvage/wrecking yard without a building. However, the property owner owns ',
the adjacent parcels to the south and it is feasible the employees could park in '�,
that bare ground area. Ms. Skinner also stated that in an M-1 zone paved �',
parking is not required.
6. Ms. Skinner stated fencing will be required along the property's Main Street
frontage and is Condition of Approval 8.11 which outlines the fencing
requirement. This condition will have a minor change as per a letter of concern
that was submitted by Scott Gipson, president of The Caxton Printers LTD, this
afternoon.
. 7. Ms. Skinner read into the record the letter of concern labeled as exhibit PR-
3/PZ-1001. Ms. Skinner further read the proposed change to Condition of
Approval 8.11 and added a new condition 8.14 regarding limiting the height of
storage to no more than twelve feet for five days in a row.
8. Robb MacDonald, Assistant City Engineer, 621 Cleveland Blvd., Caldwell, ID
83605, addressed some of the concerns about the use and proper
infrastructure in place to reduce any contaminates that may enter the ground
or soil. Mr. MacDonald stated that he spoke with Pat Large on the phone and
they discussed that the development coming in is going to be on a concrete
pad, with proper drainage facilities, which will contain all the run-off for the 25-
year storm. Any other contaminates that run down with the rainwater into the
retention basin will be treated through sand and grease separators before
entering the storm drainage system. He further stated that in his opinion,
based on the design of the site and the facilities in place for the storm water, it
appears there will be no issue with contaminates entering the soil as long as
the work is being done on the concrete pad. Mr. MacDonald further stated that
he had told Mr. Large if there were any additional concerns he would be happy
to address them.
9. Mr. Mapp wondered if Mr. Large is at tonight's hearing. Mr. Large was in the
audience but did not sign up to speak. Mr. Mapp wanted Mr. MacDonald's
comments on the record because they addressed a concern by a citizen of
Caldwell — namely Mr. Large.
10. April Cabello, Secretary, swore in the applicant's representative, Kelly Kehrer.
11. Kelly Kehrer, applicant's representative, 391 W. State St., Boise, ID 83616,
stated his name and address for the record and acknowledged being sworn in.
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He stated that staff has done a good job of presenting the project and the
issues at hand and his client is in favor of the additional conditions. He further
stated his client has taken extra precautions to ensure no contaminates can get
to the subsurface with the sand and grease oil separator and emergency baffle
system and the process of having all fluids drained from the vehicles before
being brought on the site.
12. Mr. Mapp inquired what type of vehicles would be brought to the site -
automobiles or trucks.
13. Mr. Kehrer responded the site will contain larger equipment like excavators.
14. Mr. Mapp confirmed that all fluids will be drained before coming on site and
no crushing of vehicles or storage of tires will take place on the subject
property.
15. Mr. Kehrer responded that he would let Rod Ekart discuss the operational �
matters. I
16. Ms. Cabello swore in Rod Ekart. �
17. Rod Ekart, applicant, 2310 Chapaway, Eagle, ID 83616, stated his name and
address for the record and acknowledged being sworn in.
18. Mr. Mapp asked Mr. Ekart about storage of tires.
19. Mr. Ekart stated all tires will be taken off on the site, but they will not store the
tires for long periods of time.
20. Mr. Mapp asked if the tires would be stored inside or outside.
21. Mr. Ekart responded everything would be stored outside because there are no
buildings.
22. Mr. Mapp stated he would ask staff about the storage of tires and the impact.
23. Mr. Ekart stated they will have a dumpster for the tires and once the dumpster
is full, it will be taken to the landfill on Simco Road.
24. Mr. Mapp wondered about the dismantle process.
25. Mr. Ekart explained the property is to be used to tear down big equipment like
excavators, big cat machines, and that kind of machinery.
26. Mr. Mapp inquired about the noise impact.
27. Mr. Ekart responded it is not a noise impact.
28. Mr. Mapp wondered what they are using to dismantle the items.
29. Mr. Ekart responded they would use an excavator with a grapple and a cutting
torch.
30. Mr. Mapp inquired about the hours of operation being from 7 a.m. until 6 p.m.
31. Mr. Ekart responded those are unusually long hours, but wanted to state them
anywayjust in case they do need to work long hours.
32. Mr. Mapp asked where the employees would park.
33. Mr. Ekart stated the intention is that the employees will punch in at the United
Metals site across the street on the other side of the tracks, but the employees
will walk to and work on the subject property. The employees will park at the
United Metals site and walk over to the other site as needed.
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34. Mr. Mapp asked Mr. Ekart if they agreed with the fencing requirement as
described by Anne Marie Skinner.
35. Mr. Ekart responded "yes" they preferred to have a fence.
36. Mr. Mapp stated corrugated fencing is not allowed and wondered what other
type of fencing they would use.
37. Mr. Ekart stated that they would use the same material they use to build a
steel building.
38. Mr. Mapp responded that is corrugated metal and it is not allowed.
39. Mr. Mapp suggested Mr. Ekart work with staff for the proper fencing material.
40. Mr. Mapp asked Ms. Skinner about temporary storage of tires.
41. Ms. Skinner explained that the definition of a salvage/wrecking yard in itself is
a place that allows dismantling and temporary storage of any item that is on a
vehicle and is perfectly allowable under the definition of a salvage/wrecking
yard.
42. Mr. Mapp clarified with Mr. Ekart that they would be continually moving and
disassembling material during a week.
43. Mr. Ekart responded that a large piece of equipment takes awhile to take apart
and to dismantle and could not be done in a day. To dissemble a DA CAT could
take two weeks and it will take two or three DA CATS to fill a rail car.
44. Mr. Mapp asked staff to work with Mr. Ekart regarding fencing.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis for SUP-349-11: Mr. Mapp accepted the comprehensive plan analysis
as listed in the staff report.
Findings of Fact for SUP-349-11: The Hearing Examiner accepted the general facts as outlined in the
staff report, public testimony, and the evidence list consisting of the written and verbal staff reports,
the case file, the sign-up sheet, Exhibit PZ-1000 (aerial photo of the site submitted by Anne Marie
Skinner) and Exhibit PR-3 also labeled as PZ-1001 (letter from Scott Gipson, president of The Caxton
Printers LTD).
Conclusions of Law for SUP-349-11: 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-349-11 IS APPROVED
with conditions as outlined in �he staff report, with a revision to 8.11, as well as one additional
condition:
8.11 An eight-foot high, solid and nonvision fence (example: 6-foot high fence on top of a 2-
foot high wall) that obstructs the clear view of the materials and operations of the
subject property from Main Street and neighboring businesses shall be installed along
the subject property's entire Main Street frontage immediately behind the ten-foot
wide street landscape buffer. The following fencing materials are prohibited from being
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used: boxes; sheet or corrugated metal; broken or decaying wood; broken masonry
blocks; sheets of plywood; cinder blocks; hubcaps; any other unsightly materials. The
fence shall be solid or nonvision; the solid or nonvision portion shall be no less than six
feet in height as measured from the ground on which the fence is to be placed; shall
completely obscure from outside view the use requiring site obstruction; and, shall not
consist of any prohibited materials. The Planning and Zoning Department shall perform
an inspection of the fence after installation for compliance with these minimum '
standards. The inspection must be passed before a Certificate of Compliance will be
issued. No business operations shall take place until a Certificate of Compliance has
been issued.
8.14 Any stacking, piling or storing of materials or objects on the subject property shall never
exceed more than 12 feet in height for any period of more than five consecutive clays at
a time.
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:
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� I' � � ATTEST:
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Anne Marie 'nner, Senior Planner / e lopment Team Leader Date
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