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HomeMy WebLinkAbout2019-11-19 Hearing Examiner Minutes APPROVED ;;ji1 �r� Date_ 2 1 0 2 AZ U Regular Caldwell Hearing Examiner Minutes Tuesday,November 19, 2019,7:00 p.m. Community Room,Caldwell Police Department 110 South 5th Avenue,Caldwell,Idaho Call to Order-Hearing Examiner,Mr. Bruce Eggleston opened the meeting for the public hearing at 7:00 p.m. II. Review of Proceedings--Mr. Bruce Eggleston outlined the procedures for the public hearing. Members Present: Bruce Eggleston (Hearing Examiner);Jarom Wagoner(Senior Planner/Development Team Leader);Robb MacDonald(City Engineer); Lori Colligan (Administrative Assistant) Members Absent: III. Consent Calendar: Mr. Eggleston approved the Minutes of the November January 8, 2019 meeting as previously signed by Hearing Examiner Jerome Mapp. IV. Old Business: 1. Case Number SUP-19-18: A request by Victor Thompson for a special-use permit to expand an existing Mobile Home Park within the R-3 (High Density Residential)zoning district. The subject property is located at 2819 S.Georgia Avenue(Parcel#R0408100000) in Caldwell, Idaho. Testimony: Jarom Wagoner,Senior Planner,621 Cleveland Blvd.,Caldwell,ID 83605,stated the applicant has chosen to withdraw their application. V. New Business: 1. Case Number ZON-19-04:A request by Brandon McDougald and Kimley-Horn to rezone 0.11 acres,more or less,from R-3 (High Density Residential) to C-2 (Community Commercial). The subject property is located at 621 N. 11th Avenue 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 to rezone 0.10 acres from R-3 (High Hearing Examiner Minutes November 19,2019 Density Residential)t .2 (Community Commercial). The appli t plans to construct a new McDonald's restaurant on the adjoining property. This property will be used for parking. Mr. Eggleston asked if there has been any planning for pedestrian/bicycle access. Mr.Wagoner stated he will defer to the applicant to answer. Mr. Brandon McDougald,215 S.State Street,Salt Lake City,UT(applicant) stated Jarom did a fantastic job of the overview. They are proposing just over a 46,000 sq foot McDonalds at this location. There is one residential parcel that is zoned R-3 that they are requesting to be rezone to C-2. He stated there is a location for a bicycle rack. They have submitted for a building permit. Mr.Eggleston asked when they would start construction. Mr.McDougald stated in March. Mr. Eggleston asked if there would be vehicular access through the alley. Mr.McDougald stated yes,there would be. Mr.Eggleston asked if they anticipated customers using the alley. Mr.McDougald stated it was possible. Mr.Eggleston stated his concern was the impact on neighbors. Mr. McDougald stated they were planning to build a fence to help with that. Mr.James Coombs, 18083 Goodson,Caldwell, Idaho (representing Wendy's),asked about the alleyway,if it's narrowed they will need a variance to access the dumpster. REBUTTAL: Mr.McDougald replied that they are improving the alley way and not decreasing the size and they would still have access. MR.EGGLESTON CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ZON-19-04(Rezone):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ZON-19-04(Rezone): The Hearing Examiner accepted the general facts as outlined in the staff report,public testimony,and the evidence list. Conclusions of Law for ZON-19-04(Rezone):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ZON-19-04:The Hearing Examiner RECOMMENDED that Case Number ZON-19-04(Rezone) BE APPROVED with the following conditions: 8.2 and 8.3 Hearing Examiner Minutes November 19, 2019 A 2. Case Number ANN-1 3:A request by Samed Ceric to annex 3 cres,more or less,with an M-1 (Light Industrial)zoning designation with an Annexation Agreement. The subject property is located at 1321 Andy Lane (Parcel R0069201000),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 to annex approximately 3.4 acres with an M-1 (Light Industrial) designation. Mr.Samed Ceric,498 Creekside Road Ct.,Middleton, Idaho (applicant) stated that he owns a trucking business and he is looking for a piece of property to put his trucks and build his office. He bought this property and is asking the city to be annexed and he agrees with all of the conditions. Mr. Eggleston asked if he had a site plan. Mr.Ceric gave it to Mr.Wagoner. Mr.Wagoner stated he will label this as PZ-1001. Mr. Eggleston asked if he had adequate access to get in and out of the property. Mr.Ceric stated yes. MR.EGGLESTON CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ANN-19-13 (Annexation):The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ANN-19-13 (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-19-13 (Annexation):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR ANN-19-13:The Hearing Examiner ORDERED that Case Number ANN-19-13 (Annexation) BE APPROVED with the following conditions: 8.2 through 8.5 3. Case Number ANN-19-14&SUB-19P-OB:A request by Trilogy Idaho and Kent Brown to annex 34.7 acres,more or less,with an R-2 (Medium Density Residential)zoning designation with an Annexation Agreement,and for Preliminary Plat approval of Marblefront West Subdivision consisting of 34.7 acres,more or less,to be subdivided into 132 residential lots and 16 common lots. The subject property is located on the south side of Marble Front Road,approximately 1,800 feet east of Aviation Way(Parcel R3527900000) in Caldwell, Idaho. Testimony: Jarom Wagoner,Senior Planner,621 Cleveland Blvd.,Caldwell, ID 83605,stated the applicant has requested to continue this case to the January 14,2020 meeting. Hearing Examiner Minutes November 19,2019 4. Case Number ANN-1 5,ZON-19-05&SUB-19P-09:A reque y JUB Engineers and Wendy Shrief to annex 41.5 acres,more or less,with an R-2 (Medium Density Residential) zoning designation and rezone 6.3 acres, more or less, from R-1 (Low Density Residential) to R-2 (Medium Density Residential)with a Development Agreement,and for Preliminary Plat approval of Masterson Ranch Subdivision consisting of 47.8 acres, more or less,to be subdivided into 175 residential lots and 10 common lots. The subject property is located at the southwest corner of Middleton Road and the future Skyway Street extension (Parcels R34318010A0& R3431801000) in Caldwell, Idaho. Testimony: jarom Wagoner, Senior Planner,621 Cleveland Blvd.,Caldwell, ID 83605,stated the applicant has requested to continue this case to the January 14,2020 meeting. Planning Issues-None The next regularly scheduled Hearing Examiner meeting is scheduled for January 14, 2020. Adjournment The Hearing Examiner adjourned the meeting at approximately 7:50 p.m. Respectfully submitted by Lori Colligan, MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M.JEROME EGGLESTON,ON THE DATE NOTED BELOW: 17- PC-CP---144/04/1,,_ 2.-4) Mr. Bruce Egglest. Date ATTEST: rfrl\N Jarom Wagoner,S 'or Planner/Development Team Leader Date For detailed Minutes,please request a copy of the digital recording. Hearing Examiner Minutes November 19, 2019