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Home My WebLink About2018-07-24 Hearing Examiner Minutes CITY OF CALDWELL APPROVED CALDWELL HEARING EXAMINER MINUTES m _ , � � Community Room, Caldwell Police Depar: eat Q unC, • 110 South 5th Avenue, Caldwell,Idalu (1_ I , _..1 �- July 24, 2018, 7:00 P.M. ate I. Call to Order- Hearing Examiner, Mr.Jerome Mapp, opened the meeting for the public hearing at 7:02 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), Lori Colligan (Administrative Secretary) Members Absent: Robb MacDonald (City Engineer), Brian Billingsley(Planning Director) III. Old Business: 1. Continued from July 10,2018: SUP-18-08 A request by Providence Properties, LLC for a special-use permit to construct a mini-storage facility within the proposed C-2 (Community Commercial) zoning district located at the southwest corner of Midland Boulevard and Ustick Road, in Caldwell, Idaho Comprehensive Plan Analysis for SUP-18-08 (Special Use Permit): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-18-08 (Special Use Permit): The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony,and the evidence list. Conclusions of Law for SUP-18-08 (Special Use Permit):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR SUP-18-08: The Hearing Examiner ORDERED that Case Number SUP-18-08 BE APPROVED with the following conditions: 16.2 - 16.6 IV. New Business: 1. Case Number SUP-18-06:A request by Sallie Bradshaw for a special-use permit to construct four 6-plexes within the R-2 (Medium Density Residential) Zone. The subject property is located at the southeast corner of Ohio Avenue and Cedar Street(Parcel R0400001100) in Caldwell, Idaho. Testimony: Jarom Wagoner,Senior Planner, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report and stated that the applicant is requesting special use permit approval to construct a 6-plex multi-family dwelling within the R-2 (Medium Density Residential) zone. Hearing Examiner Minutes July 24, 2018 Sallie Bradshaw, 3214 Airport Ave., Caldwell, Idaho (applicant) testified that she purchased this piece of property, 1.3 acres,and did an administrative split 3 times creating 4 lots. Each lot is 60 ft wide. It's going to be for family,she has a son and daughter that own the properties individually. Their desire is to be able to put the maximum they can put on those properties which would be 6. They will be single story apartments with 3 bedrooms and one single car garage. They had a neighborhood meeting and she knows that one of the owners has a horse property and is concerned about having the area fenced. She is in agreement with that. Mr. Mapp asked about the fence location. Ms. Bradshaw said it would be along the north side. Mr. Mapp stated that one of his concerns is the site plan is really hard to read. He has some issues; there isn't any lawn or open space and it looks like too many units on this site. He doesn't see any parking for visitors or people with two cars. He is also concerned with the right of way. Ms. Bradshaw replied that each one will have a garage and there is a 20 ft setback off the street and a 20 ft setback off the back of the property which would create more parking spots. Mr. Mapp said he doesn't see any of that on the plan. Ms. Bradshaw stated she didn't realize she needed to have that. Mr. Mapp needs to be able to see it all on a plan-where the sidewalks, curb,gutter, parking and open space will be located. He has issues with 24 units, it seems pretty crowded. Ms. Bradshaw said they could certainly take out the two sets in the middle and give more space for parking and a play area. Instead of 6 there could be 5. She would be happy to do that. Mr. Mapp said he would like to see all of this on a site plan. He wants to approve what is on a drawing in front of him. He thinks 4 is more than enough but he could stretch that to 5 depending on how it's going to lay out and what the impact is going to be. He doesn't agree with a 5 ft backyard. Mr. Bradshaw said she was approaching it as they were individual lots and she apologizes she did not have what he is asking to see. She thought she was just giving information for a special use permit for the number of apartments. Mr. Mapp indicated it is a special use permit,which means she could receive approval based upon conditions. Hearing Examiner Minutes July 24, 2018 Russell Freeman, 3214 Airport Ave., Caldwell, Idaho, signed in favor but chose not to speak. Kimberly Freeman, 3214 Airport Ave., Caldwell, Idaho,signed in favor but chose not to speak. Betty Denson, 3122 S. Indiana Ave., Caldwell, Idaho (Neutral) stated that she has the horse property and she would like a privacy fence separating the apartments from her property. Mr. Mapp told Ms. Bradshaw she had two options. 1) he could make a decision this evening or 2) he could defer this item to the next meeting and she would have time to redesign and show him where parking,driveways and open/green space will be located. Ms. Bradshaw chose to have this case deferred to the September 11, 2018 meeting. MR. MAPP IS KEEPING THE PUBLIC TESTIMONY OPEN. SUP-18-06 WILL BE CONTINUED AT THE NEXT HEARING EXAMINER MEETING ON SEPTEMBER 11, 2018. 2. Case Number SUP-18-07:A request by Tobacco Connection for a special-use permit to operate a Tobacco Shop within the C-C (City Center) Zoning District. The subject property is located at the intersection of Cleveland Boulevard and 5th Avenue (Parcel R0651500000) in Caldwell, Idaho. Testimony: Jarom Wagoner,Senior Planner, 621 Cleveland Blvd.,Caldwell, ID 83605,presented the staff report and stated that the applicant is requesting special use permit approval to operate a Tobacco Shop within the C-C (City Center) zone. One of the proposed conditions is to maintain landscaping including the street buffer and parking areas. One additional condition is to paint"no parking" markings along the backside of the existing sidewalk along Cleveland Blvd. Mr. Steve Weeks, 4280 Amity, Nampa, Idaho testified that they are requesting a special use permit for a retail tobacco shop. We operate in the Treasure Valley and we currently employ 350 people. The site we are requesting is the front half of the building. MR.MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for SUP-18-07 (Special Use Permit): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-18-07 (Special Use Permit):The Hearing Examiner accepted the general facts as outlined in the staff report,public testimony, and the evidence list. Hearing Examiner Minutes July 24, 2018 Conclusions of Law for SUP-18-07 (Special Use Permit): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR SUP-18-07: The Hearing Examiner ORDERED that Case Number SUP-18-07 BE APPROVED with the following conditions: 8.2 - 8.4. 3. Case Number SUP-18-09:A request by Katrina Kulm and Erstad Architects for a special- use permit to construct and operate a 55,000 square foot public charter school within the C- 4 (Highway Commercial) Zone. The subject property is located at the northwest corner of Chicago Street and Boise Avenue (Parcel R0228700000) in Caldwell, Idaho. Testimony: Jarom Wagoner, Senior Planner, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report and stated that the applicant is requesting special use permit approval to construct and operate a charter school within the C-4 (Highway Commercial) zone. The school is proposed to be 55,000 square feet and divided into 2 separate buildings: a 40,000 square foot 2-story Academy Building and a 15,000 square foot single story Technical Building. This school is not your typical charter school,this school is unique in that it will be offering different types of trades. It will attract students from a wide area that want to come and work on a trade. Katrina Kulm, 310 N. 5th Street, Boise, Idaho (applicant) testified that they agree with the Staff Report and she would like to comment on the non-traditional nature of the school. It will focus on career and technical education. The industrial influence of the school fits in well with the surrounding areas. Mr. Mapp asked if this school would cater to high school students. Ms. Kulm replied that it will be 6th through 12 grades, middle and high school. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for SUP-18-09 (Special Use Permit): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-18-09 (Special Use Permit): The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony,and the evidence list. Conclusions of Law for SUP-18-09 (Special Use Permit): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR SUP-18-09: The Hearing Examiner ORDERED that Case Number SUP-18-09 BE APPROVED with the following conditions 8.2 - 8.10 Hearing Examiner Minutes July 24, 2018 4. Case Number SUB-18P-06: A request by Jeffrey Holt and Grand Slam LLC for Preliminary Plat approval of Canyon Village Shops Subdivision consisting of 13.7 acres, more or less,to be subdivided into 7 commercial lots. The subject property is located at the northwest corner of Cleveland Boulevard and Homedale Road (Parcel# R3089901200) in Caldwell, Idaho. Testimony: Jarom Wagoner,Senior Planner, 621 Cleveland Blvd., Caldwell, ID 83605,presented the staff report and stated that the applicant is requesting preliminary plat approval of Canyon Village Shops Subdivision,a commercial subdivision consisting of 7 lots on 13.66 acres. Leslie Prendiville, 6661 N.Glenwood, Garden City, Idaho (applicant) testified that they are proposing 7 lots to be subdivided. They are working with staff regarding landscaping requirements and will meet all the conditions. Mr.Mapp asked about the timeframe. Ms.Prendiville estimates it will probably 6 months before construction. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for SUB-18P-06 (Preliminary Plat): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUB-18P-06 (Preliminary Plat):The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for SUB-18P-06 (Preliminary Plat):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR SUB-18P-06: The Hearing Examiner RECOMMENDED that Case Number SUB-18P-06 BE APPROVED with the following conditions: 8.2 - 8.12 5. Planning Issues- None a. The next regularly scheduled Hearing Examiner meeting is scheduled for September 11, 2018 6. Adjournment The Hearing Examiner adjourned the meeting at approximately 8:31 p.m. Respectfully submitted by Lori Colligan, MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M.JEROME MAPP, ON THE DATE NOTED BELOW: Hearing Examiner Minutes July 24, 2018 - 5Ort Mr.Jerome Mapp Dates ATTEST: Jarom Wagoner, S45 r Planner/ Development Team Leader Date For detailed Minutes,please request a copy of the digital recording. Hearing Examiner Minutes July 24, 2018