HomeMy WebLinkAboutPlanning & Zoning - Hearing ExaminerPLANNING AND ZONINGIHEARING EXAMINER
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Caldwell Planning & Zoning Commission agenda for Public Hearing on Tuesday, April 10, 2018 at
7:00 p.m., in the Community Room, Caldwell Police Department, 110 South 5" Avenue, Caldwell,
Idaho.
GARRETNANCOLAS
Mayor
208,455.3011
AGENDA
(1) 208.455.3003
City Hall
I. Call to Order
411 Blame Street
II. Review of Proceedings
Caldwell, Idaho 83605
III. Old Business
Post Office
P.O. Box 1179
Approve Minutes of February 13, 2018 meeting as signed by Chairperson Doty -
Caldwell, Idaho 83606
Pomora nsky.
For a list of the City
Council members, visit:
IV. New Business
Website
www.c i tynfcaldwel I.co m
1. Case Number VAR- 18-01: A request by Earl Priest for a variance to reduce the
minimum front setback within the M-I (Light Industrial) zone from 20 feet to no less
than 10 feet. The subject property is located at 412 W. Simplot Boulevard
(R0232300000) in Caldwell, Idaho.
2. Case Number SUP-18-05: A request by Dana Brooks and Grace Evangelical Lutheran
Church for a special -use permit to construct and operate an animated reader board
within the R-1 (Low Density Residential) Zone. The subject property is located at
2700 S. Kimball Avenue in Caldwell, Idaho.
V. Planning and Zoning Issues, If any.
VI. Next Planning and Zoning Commission Scheduled Public Meeting Date: June 12, 2018
VII. Adjourn
SUGGESTIONS FOR TESTIFYING AT PUBLIC HEARINGS
I . Remember your objective... It is your objective to persuade the decision makers to vote or decide in favor of your side of
the issue. It will not help your cause to anger, alienate or antagonize the decision makers who are listening to your
presentation.
2. Show your strength... Many neighborhood groups have organized their testimony by having one or a few people speak on
behalf of the group. The leader will ask those in the audience supporting the testimony to stand. This conveys to the
decision makers the seriousness with which the issue is viewed by the attending parries.
3 Speak to the point... Public officials have heard hundreds of people give testimony. They are grateful when the testimony
is pertinent, well organized, and directly regards the matter at hand. Long stories, lectures or philosophy, abstract
complaints about generalities, or redundant testimony are usually a poor use of time.
4 State your recommendation.
5 Be informed.... Get a copy of the plan being heard, the staff report, the proposed ordinance, or other pertinent material.
Then read it and plan your comments accordingly.
6 If you don't wish to speak, write it down... and submit it prior to the hearing. If written testimony is specific, to the
point and concise, it will be given as much attention as oral testimony.
7 Be reasonable....Put yourself in the shoes of the decision makers. They must balance all points of view, interests and
proposals being made, and find the best course for the overall public good. While. Be prepared to compromise.
Any person needing special accommodations to participate in the meeting should contact the City Office at 208 455-
4664 prior to the meeting.
Cualquier persona necesitando comodidades especiaies para participar en la reuni6n debe contactar al [as ofrcinas de la
Ciudad o [lame a 208 455- 4664 antes de la reuni6n.
CITY OF CALDWELL r
CALDWELL PLANNING AND ZONING COMMISSION MINUTES
Community Room, Caldwell Police Department
110 South 51h Avenue, Caldwell, Idaho
April 10, 2018, 7:00 P.M.
Call to Order -Chairperson Doty-Pomoransky called the meeting to order at 7:06 p.m.
Review of Proceedings -
Roll Call -
Members Present: Ed Doty- Pomoransky, James Nelson, Dana Vance
Members Absent: Roger Page, Carlos Soriano
Staff Present: Jarom Wagoner (Senior Planner), Lori Colligan (Administrative Secretary)
Staff Absent: Brian Billingsley (Planning & Zoning Director), Robb MacDonald (City
Engineer)
Old Business: Approve minutes of February 13, 2018 regular meeting.
MOTION: Commissioner Nelson. SECOND: Commissioner Vance. Passed: Unanimous roll call vote.
New Business:
A. Case Number VAR- 18-01: A request by Earl Priest for a variance to reduce the minimum front
setback within the M-1 (Light Industrial) zone from 20 feet to no less than 10 feet. The subject
property is located at 412 W. Simplot Boulevard (110232300000) in Caldwell, Idaho.
Testimony:
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting a variance to allow for the placement of a structure
within the required 20-foot setback area. The applicant is requesting the structure encroach within
the 20-Foot setback approximately 8 feet. A variance request requires the following 5 criteria, as set
forth in Section 10-03-05(4)A.1-5 of Zoning Ordinance No. 1451 (as amended) need to be found
TRUE by the Planning and Zoning Commission in order to approve the variance request.
1. There has been a showing of undue hardship because of characteristics of the site
which are size, location, configuration or dimensions of the site; or topographic or other
physical site conditions which render the site unique from adjoining properties. True/False
(Staff finds this to be true due to current configuration and dimensions of the site)
2. Granting of the variance does not constitute a right or special privilege by the
applicant. True/False (Staff considers this to be true.)
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3. Granting of tuc variance is not in conflict with the public interest. True/False (Staff
considers this to be true.)
4. Granting of the variance will not be injurious to the property or improvements of
adjacent property owners or interfere with the enjoyment of such property or improvements
thereon. True/False (Staff considers this to be true.)
S. Granting of the variance will not be materially detrimental to the public health, safety
or welfare. True/False (Staff considers this to be true. ITD did express concerns regarding
setbacks along their right-of-way, however the existing building already extends further into
the setback than what the applicant is requesting.
Commission Vance asked if the ITD concern was just a concern or a request
Mr. Wagoner stated it is a concern and not a request.
Mr. Jon Chatfield, 1911 Montclair, Boise, Idaho stated the applicant is requesting a variance to
construct a 10 ft. by 16.6 ft. expansion to the south side of their existing building. The expansion will
encroach into the 20 ft. front yard setback approximately 7 ft. 3 inches. Priest Electric hardship stems
from its insurance company requiring them to install a paint booth. The existing building is fitted
with large industrial overhead crane on tracks that move heavy electric motors during different
stages of repair. One of those stages of repair is re -painting the motors. The paint booth must be
located near the crane so the electric motors can be lifted into place. The only practical solution is
for a small building expansion to house the paint booth.
Greg Priest, 222 W. Meadow Creek, Middleton, Idaho stated that Mr. Chatfield was thorough in his
testimony and he is just here to answer any questions.
Commissioner Doty closed the public testimony.
Commissioners reviewed the 5 variance questions and found them all to be TRUE.
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed. MOTION: Commissioner Vance SECOND: Commissioner
Nelson. Passed: Unanimous roll call vote.
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Vance SECOND: Commissioner Nelson. Passed:
Unanimous roll call vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Vance SECOND: Commissioner Nelson Passed:
Unanimous roll call vote.
ORDER OF DECISION FOR VAR-18-01 (Variance) MOTION: Commissioner Nelson that Case
Number SUP-17-06 be approved.
SECOND: Commissioner Vance. Passed: Unanimous roll call vote.
1. Case Number SUP-18-05: A request by Dana Brooks and Grace Evangelical Lutheran Church
for a special -use permit to construct and operate an animated reader board within the R-1
(Low Density Residential) Zone. The subject property is located at 2700 S. Kimball Avenue in
Caldwell, Idaho.
P2.'�
Testimony: r
C
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, stated this case will be
continued to the Hearing Examiner meeting on May 8, 2018 because Commissioner Soriano
resigned from the Planning and Zoning Commission, Commissioner Vance has recused herself from
this case (as she is the applicant) and Commissioner Page is not in attendance. Therefore, we do not
have a quorum.
Sharon Hensen, 219 Omaha, Caldwell, Idaho 83605 signed in favor but chose not to speak and was
not present when Mr. Wagoner stated the case was to be continued at the next Hearing Examiner
meeting on May 8, 2018.
Terry Hensen, 219 Omaha, Caldwell, Idaho 83605 signed in favor but chose not to speak and was
not present when Mr. Wagoner stated the case was to be continued at the next Hearing Examiner
meeting on May 8, 2018.
V. Planning Issues -
A. The next regularly scheduled Planning and Zoning Commission hearing is scheduled for
June 12, 2018,
VII. Adjournment MOTION Commissioner Nelson SECOND: Vance. Passed: Unanimous vote.
The meeting was adjourned at approximately 7:32 p.m.
MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-POMORANSKY ON THE DATE
NOTED BELOW:
d D ty-P6morar6d,Chair Date
ATTEST:
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Jarom Wagone AICP, enior Planner
FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING.
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SIGN UP SHEET
Please print the following required information and
in the appropriate box check whether you wish to speak or do not wish to speak.
CASE NAME: Priest Electric Variance
CASE NUMBER: VAR-18-01
IN FAVOR NEUTRAL
Applicant or Representative
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A
Order of Decision
Caldwell Planning & Zoning Commission
City of Caldwell, Idaho
Public Hearing Held April 10, 2018
Subject: Case No. VAR-18-01(Priest Electric Variance)
The following Land Use Action is the primary feature of this application:
• Variance request to reduce the minimum front setback from 20 feet to no less than 10 feet within
the M-1 (Light Industrial) zone.
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II
GENERAL FACTS
III
TESTIMONY
IV
APPLICABLE LEGAL STANDARDS
V
VARIANCE CRITERIA
VI
COMPREHENSIVE PLAN ANALYSIS
VII
FINDINGS OF FACT
VIII
CONCLUSIONS OF LAW
IX
ORDER OF DECISION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application
VAR-18-01 to be held on April 10, 2018. Public notice requirements set forth in Idaho Code.
Chapter 65, Local Planning Act, were met. On, or before, March 25, 2018, notice was published in
the Idaho Press Tribuneand on, or before, March 23, 2018 notice was mailed to all political
subdivisions providing services to the site and to all property owners within 300 feet of the project
site; and on, or before, March 26, 2018 notice was posted on the site.
1.2 Files and exhibits relative to this application are available for review in the Planning and Zoning
Department, 621 Cleveland Boulevard, Caldwell and at applicable public hearings.
11 GENERAL FACTS
2.1 APPLICANT: Earl Priest, 412 W. Simplot Boulevard, Caldwell, Idaho, 83605.
2.2 REQUEST: The applicant is requesting a variance to allow for the placement of a structure within
the required 20-foot setback area. The applicant is requesting the structure encroach within the
20-foot setback approximately 8 feet.
2.3 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map designation for the
site is Industrial.
Industrial - Suitable for the manufacturing, processing, assembling, packaging or fabricating of
previously prepared materials; research and development activities; and warehousing. Also
suitable for limited commercial activities involving large areas for storage/display and limited
residential uses such as manufactured home parks.
Case No. VAR-18-01 Priest Electric Variance Page 1 of 4
P&Z Order of Decision
PZ14
COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
Land Use: The subject property is zoned M-1 (Light Industrial) and is surrounded by the following
land uses:
Direction Zone
Comprehensive Map
UM
Site M-1
Industrial
Warehousing/Manufacturing
North M-1
Industrial
Warehousing/Manufacturing
South M-1
Industrial
Warehousing/Manufacturing
East M-1
Industrial
Warehousing/Manufacturing
West M-1
Industrial
Warehousing/Manufacturing
2.4
Transportation/Connectivity:
The subject property has
frontage onto Simplot Boulevard, a
principal arterial highway, and Kit Avenue a local industrial
street.
2.5
Public Services. Utilities
and Facilities: The engineering department, fire marshal, building
department, police department, and ITD were all sent a request for comment on March 7, 2018.
III
PUBLIC TESTIMONY
3.1
Before the Planning & Zoning Commission, April 10, 2018
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff
report. Mr. Wagoner stated the applicant is requesting a variance to allow for the placement of a
structure within the required 20-foot setback area. The applicant is requesting the structure
encroach within the 20-foot setback approximately 8 feet. A variance request requires the
following 5 criteria, as set forth in Section 10-03-05(4)A.1-5 of Zoning Ordinance No.1451 (as
amended) need to be found TRUE by the Planning and Zoning Commission in order to approve the
variance request.
1. There has been a showing of undue hardship because of characteristics of the site which are
size, location, configuration or dimensions of the site; or topographic or other physical site
conditions which render the site unique from adjoining properties.
2. Granting of the variance does not constitute a right or special privilege by the applicant.
3. Granting of the variance is not in conflict with the public interest.
4. Granting of the variance will not be injurious to the property or improvements of adjacent
property owners or interfere with the enjoyment of such property or improvements thereon.
5. Granting of the variance will not be materially detrimental to the public health, safety or
welfare.
Mr. Jon Chatfield, 1911 Montclair, Boise, Idaho stated the applicant is requesting a variance to
construct a 10 ft. by 16.6 ft. expansion to the south side of their existing building. The expansion
will encroach into the 20 ft. front yard setback approximately 7 ft. 3 inches. Priest Electric hardship
stems from its insurance company requiring them to install a paint booth. The existing building is
fitted with large industrial overhead crane on tracks that move heavy electric motors during
different stages of repair. One of those stages of repair is re -painting the motors. The paint booth
must be located near the crane so the electric motors can be lifted into place. The only practical
solution is for a small building expansion to house the paint booth.
Case No. VAR-18-01 Priest Electric Variance Page 2 of 4
P&Z Order of Decision
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Greg Priest, 222 W. Meadow Creek, Middleton, Idaho stated that Mr. Chatfield was thorough in his
testimony and he is just here to answer any questions.
Commissioner Doty closed the public testimony.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell Zoning Ordinance No. 1451, as amended
4.2 City of Caldwell Comprehensive Plan, as amended
4.3 Idaho Code, Title 67, Chapter 65, Local Planning Act
V VARIANCE CRITERIA
5.1 The following five criteria, as set forth in Section 10-03-05(4)A.1-5 of Zoning Ordinance No. 1451
(as amended) need to be found TRU E by the Planning & Zoning Commission in order to approve the
variance request.
1. There has been a showing of undue hardship because of characteristics of the site which are
size, location, configuration or dimensions of the site; or topographic or other physical site
conditions which render the site unique from adjoining properties.
2. Granting of the variance does not constitute a right or special privilege by the applicant.
3. Granting of the variance is not in conflict with the public interest.
4. Granting of the variance will not be injurious to the property or improvements of adjacent
property owners or interfere with the enjoyment of such property or improvements thereon.
5. Granting of the variance will not be materially detrimental to the public health, safety or
welfare.
VI COMPREHENSIVE PLAN ANALYSIS
The Planning & Zoning Commission accepts the Comprehensive Plan Components as listed below.
6.1 The proposed project is consistent with the following Comprehensive Plan Components:
GOALS AND POLICIES - Property Rights
Goal 1: Ensure that land use policies, restrictions, conditions and fees do not violate private
property rights, adversely impact property values or create unnecessary technical limitations
on the use of the property.
Policy 1-1: Establish a sound basis for land use and environmental regulations through
comprehensive planning and adopted policies and ordinances.
GOALS AND POLICIES - Land Use
Goal 1: Establish land -use management policies that protect property rights and the
environment, maintain a high quality of life, provide adequate land for all types of
development, and adequately buffer non -compatible uses.
Policy 1-1: Guide the growth and development of land uses in such a way that the health, safety, and
general welfare of residents will be protected.
Case No. VAR-18-01 Priest Electric Variance Page 3 of 4
P&Z Order of Decision
6.2 The request was not found to be inconsistent with any portion of the Comprehensive Plan
Components.
VII FINDINGS OF FACT
7.1 The Caldwell Planning & Zoning Commission accepts the facts outlined in the staff report, public
testimony and the evidence list. All adopted city ordinances, standards and codes were used in
evaluating the application. The proposed use is conditionally permitted by the terms of the
ordinance and is subject to conditions of approval.
7.2 Findings on the Variance Criteria (Section 10-03-05(4)A.1-5):
1. TRUE
2. TRUE
3. TRUE
4. TRUE
S. TRUE
VIII CONCLUSIONS OF LAW
8.1 The Caldwell Planning & Zoning Commission has the authority to hear this case and order that it be
approved or denied. The public notice requirements were met and the hearing was conducted
within the guidelines of applicable Idaho Code and City ordinances.
IX ORDER OF DECISION
9.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning & Zoning Commission
hereby orders that Case Number VAR-18-01 a request by Earl Priest for a variance to reduce the
minimum front setback within the M-1 (Light Industrial) zone from 20 feet to no less than 10 feet
for the property located at 412 W. Simplot Boulevard (Parcel # R0232300000) in Caldwell, Idaho,
is approved.
Case Number VAR-18-01 was heard by the Caldwell Planning & Zoning Commission at a public hearing
held March 10th, 2018.
The Findings of Fact, Conclusions of Law, and Order of Decision were administratively approved and
signed by the Planning & Zoning Chairman on the date noted below.
cl�
Ed o - omor s , Chairman
4
ATTEST:
Date
Case No. VAR-18-01 Priest Electric Variance
P&Z Order of Decision
z4f,
]aro Wago r, AICP
Senior anner
Page 4 of 4
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