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Home My WebLink About2016-03-15 Hearing Examiner Minutes CALDWELL HEARING EXAMINER MINUTES March 15, 2016 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:Jarom Wagoner(Senior Planner/Development Team Leader);April Cabello (Planning Technician). Members Absent: Brian Billingsley(Planning Director); and Robb MacDonald (City Engineer). Ill. Old Business: A. Case Number ZON-15-07 &ANN-15-06:A request by Betty Adams to rezone 2.37 acres, more or less, from R-1 (Low Density Residential)to M-1 (Light Industrial)for the property located at 4114 Nelson Lane in Caldwell, Idaho (Parcel R32441) and to annex 2.53 acres, more or less, with an M- 1 (Light Industrial) zoning designation for the properties located at 0 Nelson Lane, Caldwell, Idaho (Parcels R32441-011 & R32441-012). Testimony: Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report and stated that the applicant is requesting to rezone approximately 2.37 acres from R-1 (Low Density Residential) to M-1 (Light Industrial) and to annex approximately 2.53 acres with a M-1 (Light Industrial) zoning designation. Mr. Wagoner reported that the subject property currently contains a residence and bare ground. Mr. Wagoner explained that there are parcel lines that go through existing buildings so with it all being City it will allow for a lot line adjustment to comply with code. Mr. Wagoner further stated it was discussed with the applicant and the representative that the existing dwelling can be allowed in an industrial zone as a condition of the approval. Staff feels comfortable placing a condition to allow the residential use to continue for up to 5 years and then at that time it can be looked at again. This will allow staff to discontinue the use as it is industrial. Mr. Mapp noted that in other cases if a house is zoned industrial they may have issues of getting a loan or getting improvements. Natalie Wilhite, applicant representative, PO BOX 663, Caldwell, ID signed in favor of the application and that the applicant, Betty Adams would like to have 2.37 acres rezoned from R-1 Low Density Residential to M-1 Light Industrial and to annex 2.53 approximate acres Hearing Examiner Minutes Page 1 Hearing on March 15, 2016 into the City of Caldwell.The applicant, Betty Adams would like a conditional use on the portion that has the residential use. Mr. Mapp confirmed that the applicant is requesting to rezone the residence to M-1 and that the applicant4s fine with this request. Ms.Wilhite responded yes and that the applicant, Betty Adams had discussed this with staff. Mr. Mapp asked for the record that they explain why the rezone the parcel from residential to industrial. Ms.Wilhite responded that when the applicant, Betty Adams originally purchased the property it had three separate parcels and the plan was to build on the three parcels.Then everything around it became light industrial with an airport fly zone and now they cannot do any type of new residential building. Betty Adams, applicant, 1114 N. 151 Avenue, Caldwell, ID signed in favor of the application but did not wish to speak. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ZON-15-04/ANN-15-06(Betty Adams Rezone/Annexation):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ZON-15-04/ANN-15-06(Betty Adams Rezone/Annexation):The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for ZON-15-04/ANN-15-06 (Betty Adams Rezone/Annexation):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ZON-15-04/ANN-15-06 (BETTY ADAMS REZONE/ANNEXATION):The Hearing Examiner RECOMMENDED that Case Number ZON-15-04/ANN-15-06 IS APPROVED with conditions: 8.2 -8.3 as written Addition of condition: 8.4--residential use may remain for up to 5 years from the date of the signing of the Order of Decision. IV. New Business: Hearing Examiner Minutes Page 2 Hearing on March 15, 2016 A. Case Number ANN-16-03:A request by the City of Caldwell and the Urban Renewal Agency of Caldwell to annex 3.53 acres, more or less, with an M-1 (Light industrial) zoning designation for the property located at 4909 E. Linden Street in Caldwell, Idaho and to annex 15.76 acres, more or less, with an A-D (Airport District)zoning designation for the property located approximately 725 feet east of the intersection of Linden Street and Smeed Parkway in Caldwell, Idaho. Testimony: Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report and stated that the applicant is requesting to annex approximately 3.53 acres with an M-1 (Light Industrial) zoning designation and approximately 15.76 acres with an A-D (Airport District) zoning designation. Mr. Wagoner stated that the applicant wishes to annex into the City so as to allow for the construction of an industrial manufacturing facility. Mr. Wagoner explained that the subject property is surrounded by the City and was surprised it was not annexed when the parcels were first acquired. Thus this is correcting something that was overlooked and that staff is in full support of this request. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ANN-16-03 (East Caldwell Annexation):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ANN-16-03 (East Caldwell 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-16-03 (East Caldwell Annexation):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ANN-16-03 (EAST CALDWELL ANNEXATION):The Hearing Examiner RECOMMENDED that Case Number ANN-16-03 IS APPROVED with conditions: 8.2—as written V. Planning Issues—None VI. Adjournment The Hearing Examiner adjourned the meeting at approximately 7:30 p.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M.JEROME MAPP, ON THE DATE NOTED BELOW: Hearing Examiner Minutes Page 3 Hearing on March 15, 2016 ATTEST: M.Jerome Mapp Dat Jarom Wagoner, Senior Planner/Development Team Leader Date For detailed Minutes, please request a copy of the digital recording. Hearing Examiner Minutes Page 4 Hearing on March 15, 2016