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Home My WebLink About6-3-08_HECALDWELL HEARING EXAMINER MINUTES June 3, 2008 I. Call to Order – Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public hearing at 7:10 p.m. II. Review of Proceedings – Mr. Jerome Mapp outlined the procedures for the public hearing. Members Present: Brian Billingsley (Planning Director), Brent Orton (City Engineer) and Savanna Davis (Administrative Secretary) Old Business Mr. Mapp approved the minutes of the March 25, 2008 meeting. New Business Case Number SUP-308-08 a request by Olson and Olson LLC, Nancy Roe and Lynn Green for special use permit approval for an automotive storage yard in an M-1 Light Industrial Zone. The site is located on the south side of Summers Street approximately 945 feet east of Kit Avenue. Testimony: Anne Marie Skinner, Senior Planner, presented the staff report and presented an aerial photo labeled as exhibit PZ-1000. Lynn Green, applicant, provided supporting testimony. Mr. Green stated that the item in the staff report that talks about acquiring access from Lake Avenue needs to be removed. Mr. Green also stated that he is requesting that the existing fence remain in place. Mr. Mapp expressed his concerns with calling the use an “automotive wrecking/salvage yard” as opposed to “an automotive storage yard”. Mr. Mapp then stated that the fence surrounding the use must be sight obscuring. Mr. Mapp clarified that if a building to keep his tow truck in were to be built, a building permit would be required at that time. Lincoln Hagood, applicant’s representative, submitted exhibits PZ-1001 “neighbors fences pictures” and PZ-1002 “existing fences pictures” and provided supporting testimony. Mr. Mapp asked Mr. Green if there were any plans to install barbed wire on the top of the fence. Mr. Green stated that if that would fulfill the 8-foot high fence requirement then he would do so. Dana Dobson signed in opposition to the application. Mr. Dobson expressed his concerns for the property values of the surrounding properties, fencing being in the right-of-way, the existing occupied mobile home, and the lack of code enforcement actions that have been taken after several of his complaints were made. Mr. Mapp asked about the status of the manufactured home. Mr. Green stated that if he buys the property, the mobile home will be removed. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for SUP-308-08: 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 SUP-308-08: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Order of Decision: The Hearing Examiner Ordered that Case Number SUP-308-08 is approved with the following conditions: 8.2 through 8.13 8.11 modified: If the existing fence is on the property line it, it shall remain and shall have slats placed in the chain link in order to provide a sight-obscuring fence around the entire property. If the fence is in the right-of-way area, it shall be torn down and replaced with an 8-foot high sight-obscuring fence around the entire property on the property line. 8.14: Manufactured home will have to be removed prior to Certificate of Completion issuance. Case Number SUP-311-08 a request by Vallivue School District, Design West, and Alberto Contreras for special use permit approval for a new Vallivue Alternative School in a C-3 Service Commercial Zone. The site is located at 6123 Timbre Place. Testimony: Anne Marie Skinner, Senior Planner, presented the staff report and submitted an aerial photo labeled as exhibit PZ-1000. Jim Main, applicant’s representative, provided supporting testimony. George Grant, superintendent of Vallivue Schools, stated that he didn’t have any additional information to present. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for SUP-311-08: 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 SUP-311-08: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Order of Decision: The Hearing Examiner ordered that Case Number SUP-311-08 is approved with the following conditions: 8.2 through 8.15 8.11 reworded to read: Privacy slats shall be installed in the existing fence prior to the issuance of the certificate of occupancy. Item number 2.7.3 on page 2 of 6 - the last item - storm drain needs to be deleted. Case Number SUP-310-08 a request by West Valley Medical Center and St. David’s Episcopal Church for special use permit approval for a helipad in the H-D Hospital District Zone. The site is located at 1800 Arlington Avenue. Testimony: Anne Marie Skinner, Senior Planner presented the staff report and submitted an aerial photo labeled as PZ-1000. David McFadden, applicant, stated that the FAA has denied most other sites on the hospital’s parking lot and roof. Mr. Mapp stated his concerns for the safety of the surrounding area. Mr. McFadden stated that hospital staff would come out and stop traffic in order for the helicopter to land. John Barlow signed in favor of the applicant and stated that extensive re-enforcing would be needed to be able to land the helicopter on the roof and the main problem with having the helipad in the parking lot is trying to get vehicles moved. Rob Corn, signed in neutral to the application, and stated his concerns for his gravel parking lot and the overhead utilities. Sara Lee signed in neutral to the application and stated her concerns for deterioration to the surrounding buildings and air pollution caused by the helicopter. Elaine Carpenter, signed in neutral to the application and stated her concerns for the number of landings a year, and fact that the helipad is in the middle of a highly populated area. Madeline Buckendorf signed in opposition to the application and submitted PZ-1001 pamphlet on the Idaho PEO Chapter House, PZ-1002 questions concerning the helipad location, and PZ-1003 report on the effects of air craft over flight. Ms. Buckendorf stated her concerns for the PEO Chapter House and retaining the historical value of the structure and the fact that a traffic study hadn’t been completed. She also referred to PZ-1003 in concerns for the destruction of the PEO Chapter House. Mr. Mapp stated that in PZ-1003 it refers to all types of helicopters no certain type or model. Darlene Harryman stated her concerns about the potential structural damage to the PEO Chapter House facilities. Dave McFadden rebutted stating that the number of times a year that the helipad would be used is just an estimate. Mr. McFadden also stated that when he was there during the testing there was just a light breeze caused by the helicopter. Mr. Barlow stated that the flights are expensive and would not be very frequent. Madeline Buckendorf stated that she would just like to see the implications of helipad, with mitigation, indicated in writing by the applicant. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for SUP-310-08: 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 SUP-310-08: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Order of Decision: The Hearing Examiner ordered that Case Number SUP-310-08 is denied for the following reasons: The Hearing Examiner feels that the location is a public safety hazard due to the proposed setback of only 30 feet from Pine and Arlington. The Hearing Examiner cannot place an enforceable condition that would limit the number of flights. The stated number of three to four flights could increase and there is no way the Hearing Examiner or City Staff can monitor or limit the number of flights to a maximum of four. The Hearing Examiner, from the presented testimony, did not receive the impression that a full analysis has been to determine the best long-term location for the helipad and its effects on the hospital and the community. The Hearing Examiner cannot provide appropriate, enforceable conditions for lighting, sound and wind buffers that would safeguard the surrounding community. The Hearing Examiner submits that the relocation of light poles, traffic signage, and the necessity for the blocking-off of Pine and Arlington from any traffic have not been appropriately addressed. These items shouldn’t even be an issue and wouldn’t be if the helipad was in an appropriate location. The Hearing Examiner cannot provide enforceable conditions in regard to protection of the PEO Chapter House. The necessity to block off Pine and Arlington, which are public streets, for incoming and outgoing helicopter flights is not appropriate and presents a public safety issue. Planning Issues Adjournment The Hearing Examiner adjourned the meeting at approximately 9:05 p.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED BELOW: ATTEST: M. Jerome Mapp Date Planning and Zoning Director