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HomeMy WebLinkAboutHE Mins 1-11-2011Hearing Examiner Minutes Hearing on January 11, 2011 P a g e | 1 CALDWELL HEARING EXAMINER MINUTES January 11, 2011 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), Brian Billingsley (Planning Director), Brent Orton (Public Works Director), Robb MacDonald (Assistant City Engineer) and April Cabello (Planning Technician). Members Absent: None. III. Old Business: A. Mr. Mapp approved the Minutes of the November 23, 2010 meeting as signed on December 3, 2010 by Hearing Examiner Mapp. IV. New Business: A. Case Number SUB-194(E)-08 a request by Grand Slam LLC, Preston Nicholes and Toothman- Orton Engineering for a time extension of the preliminary plat of The Oasis Commercial Subdivision. The site is located on the north side of Homedale Road and the westerly side of Cleveland Boulevard, addressed as 6804 Cleveland Boulevard. 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. Preston Nicholes, applicant, testified in favor of the time extension request with the primary reason of the request being the economy. 3. Mr. Mapp asked the applicant if he had read the staff report and understands condition 6.2. 4. Mr. Nicholes responded he had read and does agree with the staff report as written. Hearing Examiner Minutes Hearing on January 11, 2011 P a g e | 2 MR. MAPP CLOSED THE PUBLIC TESTIMONY. Findings of Fact for SUB-194(E)-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-194(E)-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-194(E)-08 is approved with conditions as outlined in the staff report. B. Case Number SUP-342-10 a request by the City of Caldwell and College of Idaho for special use permit approval to upgrade and expand Wolfe Field and allow for off premise advertising. The site is located at the northeast corner of Linden Street and Griffiths Parkway in a C-2 Community Commercial zone. 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 he had questions about the off premise sign and landscaping but his questions were answered with the verbal staff report. 3. Dave Hahn, applicant, testified in favor of the application and submitted a colored and a black /white site plan. He stated he’d read the staff report and a correction needs to be made to page 2, section 2.3. Stadium Lights should be 8 standards with lights instead of 6, but otherwise the staff report looks complete. 4. Mr. Mapp asked if there are night games and if lighting turned into the field. 5. Mr. Hahn responded yes. 6. Mr. Mapp confirmed the off premise signage will be advertising on the fencing. 7. Mr. Hahn stated the outfield fencing will have signage and possibly on the back of the third base bleachers. 8. Mr. Mapp confirmed with staff that signage must be approved through the City. 9. Ms. Skinner explained that the applicant would need to submit a sign permit application, which the City must approve. 10. Tom Zabala, applicant’s architect, signed in favor of the application and had nothing to add to the testimony. 11. Eric Furniss, applicant’s architect, signed in favor of the application and had nothing to add to the testimony. Hearing Examiner Minutes Hearing on January 11, 2011 P a g e | 3 12. Ms. Skinner stated for the record the exhibits submitted by the applicant will be labeled as PZ-1001 for the colored site plan and PZ-1002 for the black and white site plan. Mr. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for SUP-342-10: 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-342-10: The Hearing examiner accepted the Conclusion of Law as outlined in the staff report. Order of Decision: The Hearing Examiner ordered that Case Number SUP-342.10 is approved with conditions as outlined in the staff report with the correction to section 2.3; change from (6 standards with lights) to (8 standards with lights). C. Case Number ZON-72-11 a request by Charles Hemenway for a Comprehensive Plan Map change from Low Density Residential to Commercial and a rezone from R-1 Low Density Residential to C-1 Neighborhood Commercial on property located on the south side of Linden Street approximately 560 feet west of the intersection of Linden Street and 10th Avenue with a Tax Parcel No. of R35268 and an address of 314 E. Linden Street and consisting of 0.36 acres. 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. Charles Hemenway, applicant, testified in favor of the application. He stated he agrees with the staff report but wanted to add that the property has been used partially as commercial for 35 years and plans to continue to use the property as mixed use; residential and commercial with the expansion of the hair salon. 3. Mr. Hemenway further stated to do the expansion of the hair salon they would need to have a special use permit or they could rezone the property to the appropriate zoning now so when the salon us expanded it is an allowed use. 4. Mr. Mapp inquired about offsite parking within a certain distance from the business. 5. Ms. Skinner responded that the prevision for offsite parking is for City Center only and for every other zone in the City the requirement is that if the parking requirement increases such that the site does not provide enough parking they Hearing Examiner Minutes Hearing on January 11, 2011 P a g e | 4 can utilize another site with proof of a lease agreement, parking easement or shared use agreement. Mr. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for ZON-72-11: 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 ZON-72-11: The Hearing Examiner accepted the Conclusion of Law as outlined in the staff report. Recommendation: The Hearing Examiner recommended that Case Number ZON-72-11 be approved with conditions as outlined in the staff report. D. Case Number ZON-73-11 a request by Caldwell School District #132 for a Comprehensive Plan Map change from Low Density Residential to High Density Residential and a rezone from R-1 Low Density Residential to R-3 High Density Residential for three pieces of property – one located at the northeast corner of the Kimball Avenue-Poplar Street intersection, one located at the southeast corner of the Kimball Avenue-Poplar Street intersection, and one located on the south side of Poplar Street approximately 97 feet east of Kimball 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. Ms. Skinner indicated no written comments were received from the public but staff did receive phone calls from property owners within 300ft regarding this request thinking that their property was being rezoned because they received the notice. Another phone call inquiry received asked what the plan was for the site and staff explained the application is to rezone the property and informed them they could contact the applicant for further information. 3. Mr. Mapp confirmed with staff that this is an existing site with a single story structure, parking across the street and is a small parcel. 4. Mr. Mapp inquired what uses were allowed if the property was rezoned to R-3; residential; apartments; offices with a special use permit. 5. Ms. Skinner responded that any professional, medical or dental office would require a special use permit but there are some uses allowed outright in the R- 3 Zone such as hair salons and all forms of residential, single family, duplex, Hearing Examiner Minutes Hearing on January 11, 2011 P a g e | 5 triplex, fourplex and an apartment building. However, due to the limited space and size of each parcel and the max gross density of dwelling units allowed per parcel, not per acre, it’s likely the highest density building to be allowed would be a fouplex. Each individual parcel would be looked at individually, not in combination, for determining gross density for dwelling units. 6. Ms. Skinner stated because the building has been vacant more than 365 days, it has lost the legal non-conforming status and cannot be used as it stands; it can only be converted to a single-family dwelling. 7. Mr. Mapp discussed with Ms. Skinner the current setbacks and maximum heights in an R-3 zone. 8. Roger Quarles, applicant, testified in favor of the rezone request as a steward of the state tax dollars. The school that occupied this location relocated to the old Van Buren Elementary School and now this property is useless to the state in any capacity and to improve the opportunity to sell property or use the property as it exists, the property needs to be rezoned. 9. Mr. Mapp reviewed what uses would be allowed in the R-3 zone. 10. Orville Collins signed in favor of the rezone, stated he concurs with what Mr. Quarles testified and that this opens up the uses, and puts the building back onto the public tax roll. 11. Jane Pugear signed in neutral of the rezone, explained her concerns of a homeless shelter or group home that would draw that kind of people near a school and it should stay single family. 12. Mr. Mapp informed Ms. Pugear that not allowing another type of housing would be a violation of the Fair Housing Act. 13. Chris Grathwahl signed in neutral of the rezone. He stated that he is a managing member of Baycrest Village Apartments adjacent to the subject property and clarified what uses are allowed and height limitations in the R-3 zone. Mr. Grathwahl also inquired about how to acquire a zoning map. 14. Mrs. Skinner responded that the height maximum is 45 feet in an R-3 zone and 25 feet in an R-1 zone and he may access the zoning map on line or may purchase a zoning map from the Mapping Department. 15. Mr. Quarles rebutted explaining that they are equally concerned about who would buy the property and they intend to do their best to keep everyone happy. Mr. Quarles further offered to stay after the hearing to answer any questions the attending neighbors might have. Mr. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for ZON-73-11: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list as presented. Hearing Examiner Minutes Hearing on January 11, 2011 P a g e | 6 Conclusions of Law for ZON-73-11: The Hearing examiner accepted the Conclusion of Law as outlined in the staff report. Recommendation: The Hearing Examiner recommended that Case Number ZON-73-11 be approved with conditions as outlined in the staff report. E. Case Number ZON-71-11 a request by the City of Caldwell for a Comprehensive Plan Map change from Industrial to Commercial and a rezone from M-1 Light Industrial to C-3 Service Commercial on property located at the southwesterly corner of Chicago Street and 5th Avenue with a Tax Parcel No. of R01828 and an address of 315 N. 5th Avenue and consisting of 0.206 acres. Testimony: 1. Mr. Mapp asked if Mr. Keel, who signed in as neutral but did not wish to speak, was still in the building. 2. Ms. Skinner stated Mr. Keel decided not to stay for the hearing. 3. Anne Marie Skinner, Senior Planner/Development Team Leader, stated she is both the applicant’s representative and staff for this case. Ms. Skinner presented the staff report and submitted an aerial map of the site labeled as PZ-1000. 4. Mr. Mapp asked Ms. Skinner to identify what currently sits on the properties. 5. Ms. Skinner explained what occupied the parcels surrounding the subject site. 6. Ms. Skinner further explained that a new classification of Traditional Neighborhood had been added at the time of the updated comprehensive plan map but the ordinance is in the process of being written and once the Traditional Neighborhood Ordinance has been written and approved this area will be rezoned to Traditional Neighborhood. Ms. Skinner explained the definition of Traditional Neighborhood to be a mix of residential and business for the idea of live, work and play in the same area. 7. Mr. Mapp asked to clarify who the applicant was. 8. Ms. Skinner responded the applicant is Mayor Nancolas and she is the applicant’s representative. Mr. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for ZON-71-11: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list as presented. Hearing Examiner Minutes Hearing on January 11, 2011 P a g e | 7 Conclusions of Law for ZON-71-11: The Hearing examiner accepted the Conclusion of Law as outlined in the staff report. Recommendation: The Hearing Examiner recommended that Case Number ZON-71-11 be approved with conditions as outlined in the staff report. V. Planning Issues – None. VI. Adjournment The Hearing Examiner adjourned the meeting at approximately 8:30 p.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED BELOW: ATTEST: M. Jerome Mapp Date Anne Marie Skinner, Senior Planner / Development Team Leader Date