HomeMy WebLinkAbout2015-03-10 HE MINUTES i
ALDWELL HEARING EXAMINER MINUTE
March 10, 2015
I. Call to order— Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public hearing at
o p.m.
II. Feviw of Proceedings—Mr.Jerome Mapp outlined the procedures for the public hearing.
Members Present; Jarorn wagoner (Senior Planner/Development Team Leader); Brian Billingsley
(Planning Director); April Cabello (Planning Technician) and Robb MacDonald (City Engineer).
Members Absent: None.
1I1. old Business:
A. Mr. Mapp approved the Minutes of the January 1 , 2015 meeting as previously signed by
Hearing Examiner Mapp.
IV. New Business:
A. Case Number SU P-1 -01 a request by Guadalupe Rivas for a special-use permit to construct
a duplex within the -1 (Low Density residential) Zone. The subject property is located
approximately 150 feet crest of the intersection of Oak Street and Airport Avenue in Caldwell,
Idaho.
Testimony:
1. Jarorn Wagoner, Senior Planner/Development Team Leader, 621 Cleveland
Blvd.,- aldwell, ID 83605., presented the staff report.
2. Mr. wagoner stated that the applicant is requesting special use permit
approval to construct a duplex within the R-1 (Low Density Residential) Zone
and gave the surrounding zones and uses.
3. Mr. wagoner stated that staff recommends approval with conditions as listed
on the staff report.
4. Eduardo Rivas, Applicant, 874 W Trine Loop, Nampa.. ID 83686 gage supporting
testimony and Mated they would like to build a 1,500 square foot duplex and
that they own a triplex to the east and to the north of the subject property.
5. Mr. Rivas further explained that the duplex will have 750 square feet units with
two bedrooms and one bathroom and that parking access will be through the
current curbing and cut.
6. Mr. Mapp wondered if the applicant was aware of the current setbacks and
lighting.
7. Mr. Rivas responded fires they have the current setback requirements and the
lighting will be in the parting lot only and will not shine out.
8. Mr. Rivas also shared they will put in trees and landscaping; installing a low
gallon usage sprinkler system.
9. Mr. Guadalupe J. Rivas signed in favor of the application but did not wish to
peak.
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MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis for SLIP-15-01 (Special Use).- The Hearing Examiner accepted the
comprehensive ive plan analysis as listed in the staff report.
Findings of Fact for SUP-15-01 (Special Use): The Hearing Examiner accepted the general facts as
outiined in the staff report,public testimony, and the evidence list.
Conclusions of Laver for SUP-15-01 (Special Use): The Hearing Examiner accepted the Conclusions of
Laver as outlined in the staff report.
ORDER F DECISION FOR SUP-15-01 (Special Use Permit): The Hearing Examiner ORDERED ED that
Case Number ber UP-15- 1 IS APPROVED with conditions:
g. -8.6 as mitten
B. Case Number SUP-15-03 a request by Geri State Bail, LLC for a special-use permit to
operate ar Bail Bonds facility within the C- City Center)Zoning District. The subject
property is located at 1002 Blaine Street in Caldwell, Idaho.
Testimony:
1. Jarorn Wagoner, Senior Planner Develops ent Team Leader, 621
Cleveland Blvd., Caldwell, 1D 83605, presented the staff report.
2. Mr. Wagoner stated the applicant is requesting special use permit
approval to operate a ball bonds facility and in the City Center zoning a
bail bonds does require a special use permit approval in order to
o pe rate.
Mr. Wagoner gave background on the subject property explaining that
there is an existing office complex with several units and the applicant
is looping to lease one of the units.
4. Mr. Wagoner reviewed the conditions of approval in regards to what
city code requires and ghat staff feels is appropriate. The applicant is
leasing only one unit and not the entire building and staff is willing to
cork with the applicant on the improvements required along loth
Avenue.
5. Mr. Mapp discussed with staff the curb cuts and landscaping
improvements.
.
6. Ryan Henson,Applicant, 1009 W Sanetta Street, Nampa.,pa, ID 83605 gage
supporting testimony and started that his concerns is he is just ar tenant
and is being asked to bring the property up to desired code and does
not have a problem helping out with the codes as a single tenant and
not for the entire building.
7. Mr. Wagoner stated that staff is grilling to strife conditions 8.3 and 8.5.
B. Mr. Henson started than he would like one year to complete condition
8. .
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
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Comprehensive Plan Analysis for SUP-15-03 (Special Use): The Hearing Examiner accepted the
comprehensive plan analysis as listed in the staff report.
Findings of Fact for SUP-15-03 (Special Use): The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony, and the evidence list.
Conclusions of Law for SUP-15-0 (Special [.Use): The Hearing Examiner accepted the Conclusions of Law
as outlined in the staff report.
ORDER of DECISION FOR P-15-0 (Special Use Permit): The Hearing Examiner ORDERED that Case
Number SLAP-15-08 IS PPROVED with conditions:
8.2 as written
Strife 8.3
8.4 as written with one change changing the time frame from Oct 2, 2015 to April 1,2016
Strife 8.5
8.6 as written.
C. Case Number SUP-15-04 a request by Band H Companies LLC for a special-use permit
to construct two off-premise signs (billboards)within the M-1 (Light Industrial)Zone, The
subject property is located at the southwest corner of Linden Street and Aviation Way in
Caldwell, Idaho.
Testimony:
1. Jarorn wagoner, Senior Planner/Development Team Leader, 621
Cleveland Blvd., Caldwell, ID 83605, presented the staff report.
2. Mr.wagoner gave background on the subject property explaining that
this type of business belongs next to the freeway and ITD is okay with
the application and will approve both billboards.
3. Mr. Wagoner explained that there are some site limitations first being
on the east side of the property, a 40 foot dedication of right-of-way
and that staff recommends 4o feet from centerline of Linden be
dedicated right-of way.
4. Mr. wagoner reviewed the conditions listed on the staff report and
specifically discussed condition 8.3 and the concern of trees and an
issue that there is some type of a lateral than runs along the northern
boundary and that the irrigation district wilI not allow trees in that
easement area. Mr.Wagoner suggested planting the trees along the
freeway to give some buffer and to allow the applicant time as there is
no irrigation along that area and staff is aware of the restrictions on
the site.
5. Lucus Hansen, Application, 14763 Willis Road, Caldwell, 1D 83607 gage
supporting testimony and stated that he has gone through all the
codes and regulations with the Idaho Transportation Department and
is willing to work with city staff regarding the landscaping. Mr. Hansen
stated he wants the property to look good and will work with staff.
6. Mr. Hansen also stated that he has been in contact with the irrigation
company and asked the irrigation company for approval to put in a
culvert which was approved.
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5 7. Mr. Hansen reiterated that he is willing to do upgrades and is will to
do what the city wants and that he will comply.
11,11F R. M PP CLOSED THE PUBLIC TE TIMONY.
Comprehensive Plan Analysis for SUP-15-04 (Special Use)- The Hearing Examiner accepted the
comprehensive plan analysis as listed in the staff report.
Findings of Fact for SUP-15-04 (Special Use): The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony,, and the evidence list.
Conclusions of Law for SUP-15-04 (Special Use): The Hearing Examiner accepted the Conclusions of Law
as outlined in the staff report.
ORDER of DECISION FOR SUP-15-04 {Special use Permit}: The Hearing Examiner ORDERED that Case
Number SUP-15-4 IS APPROVED with conditions:
8.2 -8.8 adding applicant will comply with ITD
D. Dose Number SUP-15-02 a request by Jake Rodriguez ue for a special-use permit to operate an
automotive mechanic shop within the - Community Commercial)Zoning District. The subject
property is located at 5401 S. Lake Avenue in Caldwell, Idaho.
Testimony:
1. Jarom wagoner,Senior Planner Development Team Leader, 621
Cleveland Blvd., Caldwell, ID 83605, presented the staff report.
2. Mr. Wagoner gave background on the subject property stating the
applicant is requesting special use permit approval to operate an
automotive mechanic shop in the - (Community Commercial) zone
within an existing building and reviewed the surrounding zones and
uses.
Mr.wagoner stated the that the property owner has rights but so do
the neighbors and taking that into account and through the
recommending conditions will help to make sure this application
complies with the compressive plan. Specifically limiting the hours of
operation, limiting the hours vehicles may be picked up, requiring a
foot tall privacy fence, and a security gate along Late Avenue.
4. Mr. Wagoner stated staff recommends approval if conditions are met.
5. Jake Rodriguez, Applicant,5401 S. Lake Ave.,, Caldwell, ID 83607 gage
supporting testimony stating they will comply with city code and the
conditions listed on the staff report.
6. Mr. Mapp clarified with the applicant that if any of the conditions of
approval are violated they are subject to having the Special Use Permit
revoked.
7. Mr. Rodriguez acknowledged.
nowledged.
8. Joe Rodriguez, 5401 S. Lake Ave., Caldwell, ID 83607 signed in favor of
the application and gage supporting testimony.
IIIIR. MAPP CLOSED THE PUBLIC TESTIMONY.
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Comprehensive Plan Analysis for SUP-15-04 (Special Use): The Hearing Examiner accepted the
comprehensive plan analysis as listed in the staff report.
Findings of Fact for SUP-15-04 (Special Use): The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony, and the evidence list.
Conclusions of Law for SUP-15-04 (Special Use): The Hearing Examiner accepted the Conclusions of Law
as outlined in the staff report.
ORDER of DECISION FOR SLAP-15-04 (Special Use Permit): The Hearing Examiner ORDERED that Case
Number UP-15-4 IS APPROVED with conditions;
8.2 -8.11 as written
E. Case Number ANN-15-02 a request by Idaho Conference of Seventh-day Adventists, Inc. for
annexation of approximately 42 acres, more or less, into the City of Caldwell. The applicant is
requesting a zoning designation of H-C Highway Corridor). The site is located at 14702 Karcher
her
Road in Caldwell, Idaho.
Testimony:
1. Jarrom wagoner,Senior Planner/Development Team Leader, 621
Cleveland Blvd., Caldwell, 1D 83605, presented the staff report.
2. Mr. Wagoner gave background on the subject property explaining that
this application has evolved from the property needing city services,
specifically city sewer because of septic issues.
3. Mr. wagoner reviewed the surrounding uses and zones.
4. Mr. Wagoner reviewed the conditions listed on the staff report.
5. Matthew Beeter,Applicant Representative, Po Box 9752, Boise, 1D
86707 gave supporting testimony and explained that in 2013,the
Academy became aware that the sewage lagoons were not operating
properly and entered into negotiations with the State of Idaho to
resolve the issue and find a solution whether it was replacing the
lagoons with something similar or trying to hook to city sewer. The
decision was made to approach the city to seek city services which
requires annexation.
6. Mr. Be ter stated they held a neighborhood meeting and the six folks
who attended were mostly curious about ghat and why they were
requesting to annex.
7. Mr. Be terfurth r explained they have been working with the city
Engineer, working towards the actual physical connection to the sewer.
g. Mr. Betr stated they agree with the conditions listed on the staff
report.
9. Lawry Sawyer, 1 Lewens Way,, Caldwell, ID 83607 signed in neutral
of the application but did not wish to speak.
MR. M PP CLOSED THE PU BLIC TE TIMO Y.
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Comprehensive ive Plan Analysis for ANN-15-0 (Annexation): The Hearing Examiner accepted the
comprehensive plan analysis as listed in the staff report.
Findings of Fact for ANN-15-0 (Annexation): The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony, and the evidence list.
Conclusions of Law for ANN-15-0 (Annexation);The Hearing Examiner accepted the Conclusions of Laver
as outlined in the staff report.
RECOMMENDATION DATION F R ANN-15-02- (Annexation): The Hearing Examiner RECOMMENDED that Case
Number ANN-15-02-o IS APPROVED with conditions:
B. --8.4 as written
F. Case Number ANN-15-01 a request by the City of Caldwell to annex 2 parcels totaling
approximately 8.3 acres, more or less, into the City of Caldwell. The applicant is requesting ar
zoning designation of -1 (Low Density Residential). The sites are located at 811 & 818 W.
Plymouth outh Street in Caldwell, Idaho.
Testimony:
1. Jarom wagoner, Senior Planner/Development Team Leader, 621
Cleveland Blvd., Caldwell, 1D 83605, presented the staff report.
2. Mr. Wagoner gave an overview of the request and stated that the City
of Cardwell is the applicant and the city just purchased the two subject
properties and that the city already owned the property to the south.
The money used to purchase the properties was from the Parks and
Recreation impact funds so this property cannot be used as a
residential project, it must be used as a natural park. The plan is to
connect thi natural park to Curtis Park.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis for ANN-15-01 (Annexation): The Hearing Examiner accepted the
comprehensive plan analysis as listed in the staff report.
Findings of Fact for ANN-15-01 (Annexation): The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony, and the evidence list.
Conc lusio ns of Law for AN N-15-01 (Annexation):The Hearing Exaiminer accepted the Conclusions of Law
as outlined in the staff report.
RECOMMENDATION FOR ANN-15-01 (Annexation): The Hearing Examiner RECOMMENDED that Case
Number ANN-15-01 IS APPROVED with condition:
8.
V. Planning Issues--None.
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III. Adjournment
The Hearing Examiner adjourned the hang at approximately ately 8:30 p.m.
MINUTES APPROVED AND SIGNED BY THE HEAPING EXAMINER., 1. JEROME MAPP,, ON THE DATE NOTED
BELOW:
ATTEST:
M. eroime Map Date
Jarorn Wagoner,, Senior Planner Development Team Leader Date
For detailed minutes, please request a copy of the digital recording.
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Hearing Examiner Minutes
Hearing on March 10,2015 P a g e