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PUBLIC HEARING COMMENT SHEET
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NAME OF CASE BEING HEARD: 5)U fl 6D - 9
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NAME: 674 1 ,1 E D6�1
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NAME OF CASE BEING HEARD: 44 .5eiP—6o 9 9
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STREET ADDRESS: a G / / So ITI ('h0 e S
CITY/STATE/ZIP: CCL /CI 4'ie../V r2 CCP 5-
NAME OF CASE BEING HEARD: f>1('. /),'5
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CALDWELL PLANNING AND ZONING COMMISSION
MINUTES OF JULY 21, 1999
Call to Order—Chairman Blacker called the meeting to order at 7:00 p.m.
II. Roll Call
Members Present: Janie Archuleta,Matt Beebe,Jim Blacker
Staff Present: Linda James,Joan Holmes
Legal Counsel: None
III. Review of Proceedings—Chairman Blacker reviewed the procedures for public hearings.
IV. Poll Members for Conflict of Interest - Chairman Blacker polled members for conflicts of interest: there were
none.
V. Old Business—
A. Approve Minutes of July 8,1999 meeting. Motion: Commissioner Beebe. Second: Commissioner
Archuleta.Approve as written. Passed: Unanimous voice vote
B. Approve Recommendation to City Council on SUB-37F-99 (Manchester Park Unit 5), and Order of
Decision on Case No. SUB-22P-99 (extension of preliminary plat for Mildred Graves). Motion:
Commissioner Beebe. Second: Commissioner Archuleta. Approve the Recommendation and Order of
Decision for the referenced cases as written. Passed: Unanimous voice vote.
VI. New Business—Hearings
A. Case No. SUP-61-99, a request by Ron Gish for special use permit approval to use certain property zoned
M-1 (Light Industrial)to store and transfer propane fuel.
Testimony—
Linda James presented the staff report and Exhibit PA-2, a response from Joe Silva, City Fire Marshall, and
Exhibit A-5, a letter from Tates Rents.
Ron Gish,Applicant,testified in favor.
Public Testimony Closed—Chairman Blacker closed public testimony.
Comprehensive Plan Analysis - Motion: Commissioner Beebe. Second: Commissioner Archuleta. The request .
is in compliance with the following Comprehensive Plan Component: Industrial- Policy 3; Stormwater Runoff-
Policy 1. Passed: Unanimous roll call vote.
Findings of Fact— Motion: Commissioner Beebe. Second: Commissioner Archuleta. Accept the general facts
outlined in the staff report as Findings of Fact and include the following: Exhibits PA-2, a memo from the Fire
Marshal in which he set forth specific requirements, and Exhibit A-5, a letter from Tates Rents approving the use
of the site were submitted;the use of the property will be a holding facility for Tates Rents;there is a gravel access
road off Cleveland Boulevard; the propane tank will hold 18,000 gallons; the facility will only be providing
service to Tates Rents. Passed: Unanimous roll call vote.
Conclusions of Law—Motion: Commissioner Beebe. Second: Commissioner Archuleta. The Commission has
the authority to hear this case and to approve or deny; public notice requirements were met; and the hearing was
conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote.
Order of Decision—Motion: Commissioner Beebe. Second: Commissioner Archuleta. Approve Case No. SUP-
61-99 with the standard conditions of approval outlined in the staff report and include the condition that the
holding facility shall provide service only to Tates Rents and no retail sales or service to any other entity shall be
permitted unless the applicant, or future assigns, apply for an amendment and approval is granted following the
public hearing process. Passed: Unanimous roll call vote.
Public Hearing Closed—Chairman Blacker closed the public hearing.
B. Case No. SUP-60-99, a request by Murl Bright for special use permit approval to construct a four-plex
residential structure on approximately 0.26 acres located in an R-2 zone. The site is located at the
Northeast corner of the intersection of South Illinois Avenue and Willow Street and is more commonly
known as 2515 S. Illinois Avenue.
Testimony—
•
Linda James presented the staff report and Exhibits PA-1, a response from Lonnie Freeman of Pioneer Irrigation;
PR-1, a support letter from Mr. and Mrs. V Greenland, 2516 S Illinois; PR-2, a letter of opposition from Dale and
Julie Fleming,2612 S Illinois.
Murl Bright,Applicant,testified in favor.
Gary Edgington, neighbor, testified in opposition and expressed the following concerns: he has invested in
improvements to his property and rentals might have a negative aspect; he is not opposed as long as the rental
property is kept up; and renters often allow the property to deteriorate over time. In response to Chairman
Blacker's question he stated he was not aware that a triplex could be built on this lot without a hearing.
David Piper,neighbor,testified in opposition stating his concerns as increased traffic and noise.
Janise Piper, neighbor, testified in opposition stating her concerns as increased traffic; the possibility of an
elevation in crime;people renting single family homes often provide better care of the property; and renters often
allow properties to become run down over time.
Murl Bright, in rebuttal stated that there are all types of renters and some are better caretakers than others. He is
concerned with the neighborhood and intends to keep the rental units and lots clean; his 6-unit apartment complex
next door has been there 27 years and is in good shape;there are rules and regulations that go with his rentals; the
units will probably rent for $500 to $550 per unit, if he can keep the construction costs down; there will be
landscaping installed.
Public Testimony Closed—Chairman Blacker closed public testimony.
Comprehensive Plan Analysis - Motion: Commissioner Beebe. Second: Commissioner Archuleta. The request
is in compliance with the following Comprehensive Plan Component: Residential-Policies 1, 2, 3, and 4; Urban
Storm Runoff- Policies 1 and 2; Housing- Policy 2; and Community Design- Policies 1, 8, and 9. Passed:
Unanimous roll call vote.
Findings of Fact— Motion: Commissioner Beebe. Second: Commissioner Archuleta. Accept the general facts
outlined in the staff report as Findings of Fact and include the following facts from testimony: three Exhibits were
presented by Linda James; there will be a patio for each dwelling unit; there will be landscaping installed; the
complex can be redesigned to meet the required setbacks. Passed: Unanimous roll call vote.
Conclusions of Law —Motion: Commissioner Beebe. Second: Commissioner Archuleta. The Commission has
the authority to hear this case and to approve or deny; public notice requirements were met; and the hearing was
conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote.
Order of Decision—Motion: Commissioner Beebe. Second: Commissioner Archuleta. Approve Case No. SUP-
60-99 with the standard conditions of approval outlined in the staff report. Passed: Unanimous roll call vote.
Public Hearing Closed—Chairman Blacker closed the public hearing.
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C. Case No. SUB-38P-99 (Clayton Place) a request by West Bend Development Company for preliminary
plat approval to develop 21 residential lots on approximately 4 acres located withing an R-2 (Medium
Density Residential) zone. The site is located on the East side of Florida Avenue and East of Twilight
Street.
Testimony—
Linda James presented the staff report and Exhibit PA-3, a memo from Lonnie Freeman.
Don Watts,Applicant's engineer,testified in favor.
Public Testimony Closed—Chairman Blacker closed public testimony.
Comprehensive Plan Analysis - Motion: Commissioner Beebe. Second: Commissioner Archuleta. The request
is in compliance with the following Comprehensive Plan Components: Residential Categories- 1, 2, 3, 8, 9, and
10;Utilities-Policy 3;Urban Storm Runoff-Policies 1 and 2; and Community Design-Policies 1 and 8.
Findings of Fact— Motion:Commissioner Beebe. Second: Commissioner Archuleta. Accept the general facts
outlined in the staff report as Findings of Fact and include the fact that Don Watts testified that there will be a 4-
foot chain link fence installed along Wilson Creek and there are no common or landscaped areas included in the
plat. Passed: Unanimous roll call vote.
Conclusions of Law— Motion: Commissioner Beebe. Second: Commissioner Archuleta. The Commission has
the authority to hear this case and to recommend approval or denial to City Council; public notice requirements
were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed:
Unanimous roll call vote.
Recommendation to City Council— Motion: Commissioner Beebe. Second: Commissioner Archuleta.
Recommend approval on Case No. SUB-38P-99 with the standard conditions outlined in the staff report. Passed:
Unanimous roll call vote.
Public Hearing Closed—Chairman Blacker closed the public hearing.
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VII. Planning Issues-No planning issues were discussed
VIII. Adjournment—Chairman Blacker adjourned the meeting at approximately 8:45 p.m.
MINUTES APPROVED AND SIGNED BY CHAIRMAN BLACKER AT A REGULARLY SCHEDULED MEETING
HELD AUGUST 5, 1999.
ATTEST:
Ch Jim Blacker
Community Deve o ent Director
BEFORE THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL,IDAHO
IN THE MATTER OF THE APPLICATION OF ) CASE NO. SUP-60-99,
MURL BRIGHT FOR A SPECIAL USE ) COURSE OF PROCEEDINGS,
PERMIT TO CONSTRUCT A FOUR-PLEX ) GENERAL FACTS,TESTIMONY,
RESIDENTIAL STRUCTURE IN AN R-2 ZONE ) APPLICABLE LEGAL
STANDARDS, COMPREHENSIVE
) PLAN ANALYSIS,FINDINGS OF
) FACT,CONCLUSIONS OF LAW,
) AND ORDER OF DECISION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on
application SUP-60-99 to be held on July 21,1999. Public notice requirements set forth in Idaho
Code, Chapter 65, Local Planning Act, have been met. On July 6, 1999 notice was published in
the Idaho Press Tribune; on July 2, 1999 notice was mailed to all property owners within 300 feet
of the project site and to the Caldwell and Vallivue School Districts; and on July 14, 1999 notice
was posted on the site.
1.2 Files and exhibits relative to this application are available for review in the Community
Development Department and were available for review at the hearing.
II GENERAL FACTS
2.1 APPLICANT(S): Murl Bright, 1719 Willow Street, Apt. C„ Caldwell,ID.
2.2 OWNER(S): Same as Applicant.
2.3 REQUEST: To construct a four-unit dwelling on a lot within an R-2 zone.
2.3.1 Zoning Ordinance No. 1451, Section 10-02-02, Land Schedule, provides for a four-unit dwelling
on an individual lot within an R-2 zone by special use permit only. The minimum lot size for a
four-plex is 10,500 square feet.The lot is approximately 11, 371 square feet.
2.4 LOCATION: The northeast corner of the intersection of S. Illinois Avenue and Willow Street and
is more commonly known as 2515 S. Illinois Avenue.
2.5 NATURAL RESOURCES AND HAZARDOUS AREAS: The property is not within the near
vicinity of the Boise River or Indian Creek.
2.6 LAND USE: The site is zoned R-2.
2.7 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential.
2.7.1 Medium Density Residential is defined as "suitable primarily for single-family residences as well
as two and three family dwellings. Other uses characteristic of medium density residential areas
such as churches, schools, group day care facilities, public facilities and limited neighborhood
commercial uses are appropriate...." Table 1, Land Use Schedule of Zoning Ordinance No. 1451
does permit four-plexes to be located in R-2 zones under the provisions of the special use permit
process.
2.8 AREA OF CITY IMPACT: The project site is not within the Area of City Impact.
2.9 PUBLIC FACILITIES:
2.9.1 Schools — Notice of the request was sent to Caldwell and Vallivue School Districts on July 2,
1999.
2.9.2 Fire Protection — The Fire Department will review the building plans at the time of building
application submittal.
2.9.3 Water/Sewer—City water and sewer is available and will serve the lot.
2.9.4 Stormwater—Stormwater will be addressed at the time of the building permitting process.
2.10 TRANSPORTATION: The lot can be accessed by S. Illinois Avenue, Willow Avenue, and the
alley. Access will be addressed at the time of the building permitting process.
2.10.1 Parking — Section 10-02-05 of Zoning Ordinance No. 1451 sets forth off-street parking
requirements for various uses. A four-plex requires 1.5 off-street parking spaces per unit, which
equates to 6 spaces.
2.11 PARKS,RECREATION AND OPEN SPACE: The Applicant verbally indicated to planning staff
that each unit will have a concrete patio constructed in the rear area of each unit.
2.12 HISTORIC AREAS: The site is not within the City's Area of Historic Significance.
2.13 HOUSING: The four-plex will provide four single-family living units.
2.14 COMMUNITY DESIGN: The lot is vacant. The Applicant has not proposed landscaping.
III TESTIMONY
3.1 Linda James presented the staff report and noted that Section 2.1 identified the site as being
within an R-1 zone: the site is within an R-2 zone. She presented the following Exhibits: PA-1, a
letter from Pioneer Irrigation District noting that water rights to other parcels are to be protected;
PR-1, a support letter from Mr. and Mrs. V. Greenland, 2516 S. Illinois; PR-2, a letter of
opposition from Dale and Julie Fleming, 2612 S. Illinois. Mrs. James stated that a tri-plex is
outright permitted within an R-2 zone and that it could be constructed under the building permit
process without a public hearing; off-street parking of 1.5 spaces per unit is required; landscaping
requirements are included in the building permit process.
3.2 Murl Bright, Applicant, testified in favor and stated that he built the six-unit complex on the lot
next to the subject site; it is a good neighborhood and the four-plex will be an investment in the
neighborhood; the layout of the units may have to be redesigned in order to meet setback
requirements.
3.3 Gary Edgington, 1620 W. Willow, spoke in opposition and expressed the following concerns: he
has invested in improvements to his property and believes a rental might present a negative
aspect; he is not necessarily opposed as long as the rental property is kept up; renters often allow
the property to deteriorate over time. In response to Chairman Blacker's question, Mr. Edgington
stated that he was not aware that a tri-plex could be built on this lot without a hearing.
3.4 David Piper, 2611 S. Illinois, spoke in opposition and expressed the following concerns: the
potential increase in traffic, noise and unsafe streets; he and his wife have three young children
and children like to ride their bikes in the street. In response to Chairman Blacker's question, Mr.
Piper stated that he was not aware that a tri-plex could be built on this lot without a hearing.
3.5 Janise Piper, 2611 S. Illinois, spoke in opposition and expressed the following concerns: rental
properties are acceptable if they are only single-family dwellings; there is the tendency for 3- and
4-plex units to become run down; people renting single-family homes have a tendency to provide
better care of the rental property; increase in traffic and crime will be a problem.
3.6 Murl Bright spoke in rebuttal and stated that there are all types of people who rent, some are good
caretakers and some are not so good and people choose to live the way they want. He is
concerned with the neighborhood and intends to keep the rental units and lot clean; his 6-unit
apai tment complex next door has been there 27 years and it is in good shape; there are rules and
regulations that go with his rentals; the units will probably rent for $500 to $550 per unit, if he
can keep the construction costs down; there will be landscaping installed.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell 1977 Comprehensive Plan, as amended.
4.2 City of Caldwell Zoning Ordinance No. 1451, as amended.
4.3 Idaho Code, Chapter 65,Local Planning Act
V COMPREHENSIVE PLAN ANALYSIS
5.1 The request is in compliance with the following Comprehensive Plan components: Residential
Categories—Policies 1, 2, 3 and 4; Urban Storm Runoff—Policies 1 and 2; Housing—Policy 2;
Community Design—Policies 1, 8 and 9.
VI FINDINGS OF FACT
6.1 Accept the general facts outlined in the staff report as Findings of Fact and include the following
facts from testimony: three Exhibits were presented by Linda James; there will be a patio for each
dwelling unit; there will be landscaping installed; the complex can be redesigned to meet the
required setbacks.
VII CONCLUSIONS OF LAW
7.1 The Commission has the authority to hear this case and to approve or deny; public notice
requirements were met, and the hearing was conducted within the guidelines of Idaho Code and
City ordinances.
VIII ORDER OF DECISION
8.1 Based upon the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission
hereby orders that Case No. SUP-60-99, a request by Murl Bright to construct a four-plex on one
lot located at 2515 S. Illinois Avenue is approved with the following conditions:
8.1 The specific terms and conditions placed on the Special Use Permit shall run with the land and
remain valid upon a change of ownership, or until such time that the Permit may be revoked,
become invalid, or replaced with another approved use. The Special Use Permit is not
transferable from the approved site to another site.
8.2 The Applicant, or future assigns having an interest in the subject property, shall fully comply with
all conditions placed upon this Special Use Permit.
8.3 No changes in the conditions and terms of this Special Use Permit, as approved, shall be
undertaken by the Applicant, or future assigns having an interest in the subject property, until the
Community Development Director has reviewed the proposed changes and approval for
amendment has been granted through the public hearing process.
8.4 Any violation of the terms and conditions of this Special Use Permit by the Applicant, or future
assigns having an interest in the subject property, will be deemed a misdemeanor and subject to
the provisions set forth in Idaho Code, 18-113. Each day's continued violation will be deemed a
separate offense.
8.5 A building permit shall be obtained prior to any construction commencing. Construction of the
four-plex shall have commenced within one year of signing of the Order of Decision, or the
Applicant, or future assigns having an interest in the subject site, shall request a one-year
extension from the Community Development Director. No other extensions shall be granted by
the Community Development Director beyond this two-year time frame.
8.6 Construction of the four-plex shall meet all setback and height requirements set forth in Section
10-02-03,Table 2 for an R-2 zone.
CASE NO. SUP-60-99 WAS HEARD BY PLANNING AND ZONING COMMISSION MEMBERS AT
A PUBLIC HEARING HELD JULY 21, 1999.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE ORDER OF DECISION WAS
APPROVED BY PLANNING AND ZONING COMMISSION MEMBERS, AND SIGNED BY
CHAIRMAN BLACKER, AT A MEETING HELD AUGUST 5, 1999.
(�-110R-;.!. ATTEST:
airman Jim Blacker
Community D opment Director
CALDWELL PLANNING AND ZONING COMMISSION
MINUTES OF AUGUST 5, 1999
Call to Order—Chairman Blacker called the meeting to order at 7:00 p.m.
II. Roll Call
Members Present: Janie Archuleta,Matt Beebe,Jim Blacker
Staff Present: Linda James,Joan Holmes
Legal Counsel: Tim Fleming
III. Review of Proceedings-Chairman Blacker reviewed the procedures for public hearings.
IV. Poll Members for Conflict of Interest - Chairman Blacker polled members for conflicts of interest: there were
none.
V. Old Business—
A. Approve minutes of July 21, 1999 meeting. Motion: Commissioner Beebe. Second: Commissioner Archuleta.
Approve as written. Passed: Unanimous voice vote.
B. Approve Orders of Decision on Case No. SUP-61-99 (Ron Gish) and Case No. SUP-60-99 (Murl Bright) and
Recommendation to City Council on Case No. SUB-38P-99 (Clayton Place). Motion: Commissioner Beebe.
Second: Commissioner Archuleta. Approve the recommendation for the referenced case and approve Orders
of Decision as written. Passed: Unanimous voice vote.
VI. New Business—Hearings
A. Case No. SUP-62-99, a request by the City of Caldwell for special use permit approval to construct an
unlighted, four-ball diamond complex in the sourthern portion of the subject parcel, and to utilize the
remaining northern area of the parcel for use as soccer/football fields. The subject site is approximately
16.5 acres and is zoned R-1, and is located between the South side of Ustick Road, the West side of
Oregon Avenue,the East side of West Valley Estates Phase 1, and the North side of West Valley Estates
Phase 2.
Testimony—
Linda James presented the staff report.
Mayor Garret Nancolas testified in favor and noted the following: the parcel was purchased with
Caldwell School District No. 132 through a Joint Exercise of Power Agreement; until the District
undertakes construction and until the anticipated City fire-substation is constructed, the City believes that
using the site as ball fields would be more appropriate than to keep the parcel undeveloped; the soccer
fields will be temporary and will be eliminated once the school constructs their building; Oregon will be
used to access the parking lot; constructing a road along the west side of the parcel would not be feasible
because it would eliminate a large portion of the parcel and take away from the intended uses; the fire
substation would take access off Ustick;the City is deficient in the number of parks;the ball fields will be
used only by youth and will not be used by adult teams; the cost of constructing the ball fields is in the
area of $120,000; $60 - $70,000 will be covered by City funds and the remaining will come from
donations and volunteer labor; the school district does not have a firm date for construction; the City's
portion of the property will be irrigated by underground sprinklers; the parcel has always been planned
for use by a fire substation, school and park;the Parks Department will maintain the ball fields.
Richard Gerber testified in favor but expressed the following concerns: a portion of Oregon Avenue is
built on privately-owned land; Oregon is not constructed to City's standards; deterioration of Oregon
Avenue; traffic;parking along Oregon and Ustick roads instead of the parking lot; and no rest rooms are
_ proposed at this time.
Mike Oke testified as neutral and noted the following: will the playing fields remain unlighted and will
only day use continue; regulations need to be in place to keep persons from having access to the area at
PZ-1
H. Case No. OA-25-99, a request by the Community Development Director to amend Zoning Ordinance No.
1451, Article 3, Administrative Procedures, Section 10-03-01 by adding the appointment of a Hearing
Examiner and by amending Section 10-03-01,Definitions,by adding Hearing Examiner.
Testimony—
Linda James presented the staff report.
Public Testimony Closed—Chairman Blacker closed public testimony.
Findings of Fact—Motion: Commissioner Beebe. Second: Commissioner Archuleta.Accept the general
facts outlined in the staff report as Findings of Fact. Passed: Unanimous roll call vote.
Conclusions of Law — Motion: Commissioner Beebe. Second: Commissioner Archuleta. The
Commission has the authority to hear this case and recommend approval or denial; the hearing was
legally noticed and was conducted within the guidelines of Idaho Code and City ordinances. Passed:
Unanimous roll call vote.
Recommendation to City Council—Motion: Commissioner Beebe. Second: Commissioner Archuleta.
Recommend approval on Case No. OA-25-99, a request by the Community Development Director to
amend zoning ordinance no. 1451,Article 3, Section 10-03-01,Administrative Procedures,bu including a
Hearing Examiner who would have the authority to hear requests on special use permits, variances,
subdivision plats and annexations. And approve the amendment of Section 10-03-11, Definitions, by
adding a definition for"Hearing Examiner." Passed:Unanimous roll call vote.
Public Hearing Closed—Chairman Blacker closed the public hearing.
VII. Planning Issues
•
VIII. Adjournment—Chairman Blacker adjourned the meeting at approximately 9:30 p.m.
MINUTES APPROVED AT A REGULARLY SCHEDULED MEETING HELD SEPTEMBER 9, 1999.
1 c
ATTEST:
Chairman Jim Blacker
Community De elop ent Director
pz-'1