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HomeMy WebLinkAboutPlanning & Zoning - Hearing ExaminerC PLANNING AND ZONING/HEARING EXAMINER ITEM DATE SUBMITTED BY PZ-1 AGENDA 9 A3 PZ-2 MINUTES PZ-3 SIGN-UP SHEET(S) Pz- Tt c omrn� yr Pz- ,�_ I I, LCL I —tc_ q, I r-« ! -1<, CAlflwl:llw Regular Caldwell Planning & Zoning Commission Meeting Tuesday, August 13, 2019, 7:00 p.m. AGENDA Call to Order Review of Proceedings Roll Call 1. CONSENT CALENDAR: 1) ACTION ITEM: Approve Minutes of the July 9, 2019 meeting assigned by Chairperson Vance. it. NEW BUSINESS: 1) ACTIONITEAT Case Number SUP-19-14: A request by Elva and James Gannon for a special - use permit to construct a Secondary Dwelling Unit within the C-C (City Center) zoning district. The subject property is located at 422 Dearborn Street (Parcel # R0653300000) in Caldwell, Idaho. 2) ACTION ITEA1. Case Number SUP-19-17: A request by Stephen & Stephanie Legeman for a special -use permit to convert an existing building into a Duplex within the C-1 (Neighborhood Commercial) zoning district. The subject property is located at 5105 S. 10`h Avenue (Parcel # R3256800000) in Caldwell, Idaho. 3) ACTION ITEXI: Case Number ANN-19-05/SUP-19-15: A request by the City of Caldwell to annex 37.4 acres, more or less, with an R-2 (Medium Density Residential) zoning designation with a Comprehensive Plan Map Change from Industrial to Public Open Space and a Special -Use Permit to allow for a public park. The subject property is located on the east side of Pond Lane, approximately 3,800 feet south of Hwy 20/26 (Parcel # R3496400000) in Caldwell, Idaho. 4) ACTIO,V ITE.N1, Case Number ANN-19-06/SUP-19-16: A request by the City of Caldwell to annex 5 acres, more or ",ess, with an R-1 (Low Density Residential) zoning designation with a Comprehensive Plan Map Change from Commercial to Public Open Space and a Special -Use Permit to allow for a public park. The subject property is located at 2323 E Ustick Road (Parcel # R3583200000) in Caldwell, Idaho. 5) ACTION ITEVP Case Number OA-19-02: A request by the Caldwell Planning and Zoning Department to amend the City of Cardwell Comprehensive Plan and the City of Caldwell Comprehensive Plan Map. 6) ACTION ITEVl- Case Number OA-19-03: A request by the City of Caldwell Planning and Zoning Department to amend portions of Chapter 10, the Zoning Ordinance, of City Code. III. Planning and Zoning Issues, if any. IV. Adjournment. Next Regular Planning and Zoning Commission Meeting is on Tuesday, September 10, 2019 at 7:00 p.m. in the Community Room at the Caldwell Police Station at 110 South Fifth. Any person needing special accommodations to participate in the meeting should contact the City Office at 2058-455-3021 prior to the meeting. The agenda packet and minutes can be viewed on the City of Caldwell's website: www.citca dwell.com. Cualquier persona necesitando comodidades especiales para participar en la reunion debe contactar al las oficinas de 1a Ciudad o llame a 208-455-3021 antes de la reunion. kt L CITY OF CALDWELL CALDWELL PLANNING AND ZONING COMMISSION MINUTES Community Room, Caldwell Police Department 110 South Sth Avenue, Caldwell, Idaho August 13, 2019, 7:00 P.M. Call to Order -Commissioner Vance called the meeting to order at 7:03 p.m. Review of Proceedings - Roll Call - Members Present: Jim Nelson, Roger Page, Dana Vance, Kyle Keller Members Absent: Ed Doty-Pomoransky, Betsy Hunsicker Staff Present: Jarom Wagoner, Senior Planner/Development Team Leader; Lori Colligan Administrative Secretary; Jerome Mapp, Planning & Zoning Director Staff Absent: Robb MacDonald, City Engineer Old Business: Approve minutes of July 9, 2019, regular meeting as previously signed by Commissioner Vance. MOTION: Commissioner Nelson. SECOND: Commissioner Page. Passed: Unanimous roll call vote. New Business: Motion to move Case Number OA-19-02 to be the first case heard tonight: Commissioner Keller. SECOND: Nelson. Passed: Unanimous voice vnte. 1. Case Number OA-19-02: A request by the Caldwell Planning and Zoning Department to amend the City of Caldwell Comprehensive Plan and the City of Caldwell Comprehensive Plan Map. Jerome Mapp explained the process of creating and approving a Comprehensive Plan and Map and the amendments/additions in this request. Mr. Joe Weitz, 16909 Marsing road, Caldwell, ID stated his property was in the Comp Plan but got left out of the 2040 plan. That's they only reason he is here. Mr. Ryan Cantlon, 950 W Bannock, Boise, ID signed in approval but chose not to speak. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Nelson. SECOND: Commissioner Page. Passed: Unanimous voice vote. RECOMMENDATION FOR OA-19-02 (Ordinance Amendment) MOTION to approve Comprehensive Plan and Map with additions mentioned by Jerome Mapp. Commissioner Page I l Planning and Zoning Minutes r,r r Nelson that Case Number OA-19-02 be approved. SECOND: Commissioner Page. Passed: Unanimous roll call vote. 2. Case Number SUP-19-14: A request by Elva and James Gannon for a special -use permit to construct a Secondary Dwelling Unit within the C-C (City Center) zoning district. The subject property is located at 422 Dearborn Street (Parcel # R0653300000) 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 to construct a Secondary Dwelling Unit within the C- C (City Center) Zoning District. Commissioner Vance asked if a secondary dwelling within the City Center is not allowed outright. Mr. Wagoner stated that is correct. Elva Gannon, 2875 E Bourbon St., Meridian, ID (applicant), stated her and her husband bought this house about 4 years ago and significantly improved the property. There is an out building they wish to convert into another dwelling. Commissioner Nelson asked if they intended to rent it out. Ms. Gannon stated yes. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page. SECOND: Commissioner Nelson. Passed: Unanimous voice vote. Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Nelson. SECOND: Commissioner Page. Passed: Unanimous voice. Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts components as listed and the evidence list. MOTION: Commissioner Page. SECOND: Commissioner Nelson. Passed: Unanimous voice vote. Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Nelson. SECOND: Commissioner Page. Passed: Unanimous voice vote. ORDER FOR SUP-19-14 (Special Use) MOTION: Commissioner Page that Case Number SUP-19-14 be approved with the following conditions: 8.2 — 8.5 SECOND: Commissioner Nelson. Passed: Unanimous roll call vote. 3. Case Number SUP-19-17: A request by Stephen & Stephanie Legeman for a special -use permit to convert an existing building into a Duplex within the C-1 (Neighborhood Commercial) zoning district. The subject property is located at 5105 S. 10th Avenue (Parcel # R3256800000) in Caldwell, Idaho. Testimony Page 12 Planning and Zoning Minutes v!;�_ Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report. Mr. Wagoner stated the applicant is requesting to convert an existing building into a Duplex within the C-1 (Neighborhood Commercial) Zoning District. Mr. Stephen Legeman, 5107 S 101h Ave., Caldwell, ID (applicant) stated the purpose is to convert into apartments for their widowed mothers to live there. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page. SECOND: Commissioner Nelson. Passed: Unanimous voice vote. Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in SA and 5.2. MOTION: Commissioner Nelson. SECOND: Commissioner Keller, Passed: Unanimous voice vote Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts components as listed and the evidence list. MOTION: Commissioner Keller. SECOND: Commissioner Page. Passed: Unanimous voice vote. Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Page. SECOND: Commissioner Keller. Passed: Unanimous voice vote. ORDER FOR SUP-19-17 (Special Use) MOTION: Commissioner Page that Case Number SUP-19-17 be approved with the following conditions: 8.2-8.4 SECOND: Commissioner Keller. Passed: Unanimous roll call vote. 4. Case Number ANN-I9-OS/SUP-19-15: A request by the City of Caldwell to annex 37.4 acres, more or less, with an R-2 (Medium Density Residential) zoning designation with a Comprehensive Plan Map Change from Industrial to Public Open Space and a Special -Use Permit to allow for a public park. The subject property is located on the east side of Pond Lane, approximately 3,800 feet south of Hwy 20/26 (Parcel # R3496400000) 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 to annex 37.9 acres with an R-2 zoning designation so as to operate a city park on the premises. Commissioner Page stated his concern is maintenance, especially being a "nature" park. Will it just be a nature park? Mr. Wagoner stated it will mostly be a nature park and there will be picnic tables and will require some maintenance. They can add some vegetation that is low maintenance. Commissioner Vance asked if there will be bathroom facilities. Mr. Wagoner stated he is not sure if the Commission feels that is appropriate they can add that as a condition. Page 3 Planning and Zoning Minutes P19- L Commissioner Vance confirmed if it was a private developer if they would they be allowed to use portable toilets? Mr. Wagoner stated no that is not allowed. Commissioner Page asked if there will be any type of trail(s)? Mr. Wagoner stated yes but those details have not been decided yet. There is a plan to have a pathway around the entire pond area. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page. SECOND: Commissioner Nelson. Passed: Unanimous -voice vote. ANNEXATION: Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Nelson. SECOND: Commissioner Keller. Passed: Unanimous voice vote Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts components as listed. MOTION: Commissioner Nelson, SECOND: Commissioner Keller. Passed: Unanimous void Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Keller. SECOND: Commissioner Nelson. Passed: Unanimous voice vote. RECOMMENDATION FOR ANN-19-05 (Annexation) MOTION: Commissioner Keller that Case Number ANN-19-05 be approved with the following conditions: 8.2 - 8.3 SECOND: Commissioner Nelson. Passed: Unanimous roll call vote. SPECIAL USE: Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Keller. SECOND: Commissioner Nelson. Passed: Unanimous voice vote Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts components as listed. MOTION: Commissioner Nelson. SECOND: Commissioner Keller. Passed: Unanimous voice vote. Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Keller. SECOND: Commissioner Nelson. Passed: Unanimous voice vote. ORDER FOR SUP-19-15 (Special Use) MOTION: Commissioner Page that Case Number SUP-19-15 be approved with the following conditions: 12.2 -12.6 with the addition of Condition 12.7 that the City shall construct and maintain bathrooms in the vicinity of the park within 24 months and construct paved trails within 36 months. SECOND: Commissioner Nelson. Passed: Unanimous roll call vote. Page j 4 Planning and Zoning Minutes 5. Case Number ANN-19-06/SUP-19-16: A request by the City of Caldwell to annex 5 acres, more or less, with an R-1 (Low Density Residential) zoning designation with a Comprehensive Plan Map Change from Commercial to Public Open Space and a Special -Use Permit to allow for a public park. The subject property is located at 2323 E Ustick Road (Parcel # R3583200000) 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 to annex 5 acres with an R-1 zoning designation so as to operate a city park on the premises. This will basically be an expansion to Brother's Park, Commissioner Nelson asked if there is fence around the property in the SE corner. Mr. Wagoner stated that home is vacant and is in very poor condition and will be removed. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Nelson. SECOND: Commissioner Keller. Passed: Unanimous voice vote. Annexation: Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in S.1 and 5.2. MOTION: Commissioner Nelson. SECOND: Commissioner Keller. Passed: Unanimous voice vote Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts components as listed. MOTION: Commissioner Page. SECOND: Commissioner Nelson, Passed: Unanimous voice vote. Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Keller. SECOND: Commissioner Nelson. Passed: Unanimous voice vote. RECOMMENDATION FOR ANN-19-06 (Annexation) MOTION: Commissioner Page that Case Number ANN-19-07 be approved with the following conditions: 8.2 - 8.3 SECOND: Commissioner Nelson. Passed: Unanimous roll call vote. Special Use Permit: Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in 5.1 and S.2. MOTION: Commissioner Page. SECOND: Commissioner Nelson. Passed: Unanimous voice vote Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts components as listed. MOTION: Commissioner Keller. SECOND: Commissioner Nelson. Passed: Unanimous voice vote. Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of Law components as listed. MOTION: Commissioner Nelson. SECOND: Commissioner Page. Passed: Unanimous voice vote. Page 15 Planning and Zoning Minutes r r ORDER FOR SUP-19-16 (Special Use) MOTION: Commissioner Keller that Case Number SUP-19- 16 be approved with the following conditions: 12.2 - 12.7 SECOND. Commissioner Page. Passed: Unanimous roll call vote. 6. Case Number OA-19-03: A request by the City of Caldwell Planning and Zoning Department to amend portions of Chapter 10, the Zoning Ordinance, of City Code. (Applicant has requested this be moved to the September 10, 2019 meeting.) MOTION to move this case to the September 10, 2019 meeting: Passed: Unanimous roll call vote. V. Planning Issues - A. Next Planning and Zoning Commission Scheduled Public Meeting Date: September 10, 2019. VII. Adjournment MOTION: Commissioner Hunsicker SECOND: Commissioner Page. The meeting was adjourned at approximately 8:20 p.m. MINUTES APPROVED AND SIGNED BY COMMISSIONER DANA VANCE ON THE DATE NOTED BELOW: 004/L,�A'_' Z/ C/ Dana Vance, Vice -Chair Date ATTEST: Jt'rom goner. AICP, Senior Planner FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING. Page: 6 Planning and Zoning Minutes Before the Caldwell Planning & Zoning Commission City of Caldwell, Idaho Public Hearing Held August 13, 2019 Subject: Case No. ANN-19-06/SUP-19-16 (Ustick Road Annexation & SUP) The following Land Use Action is the primary feature of this application: Annex 5 acres, more or less, with an R-1 (Low Density Residential) zoning designation and Comprehensive Plan Map Change from Commercial to Public Open Space • Special -Use -Permit to construct and operate a public park TABLE OF CONTENTS: 1 COURSE OF PROCEEDINGS II GENERAL FACTS III TESTIMONY IV APPLICABLE LEGAL STANDARDS V COMPREHENSIVE PLAN ANALYSIS - ANNEXATION VI FINDINGS OF FACT - ANNEXATION VII CONCLUSIONS OF LAW -ANNEXATION Vill RECOMMENDATION - ANNEXATION IX COMPREHENSIVE PLAN ANALYSIS - SPECIAL USE PERMIT X FINDINGS OF FACT - SPECIAL USE PERMIT XI CONCLUSIONS OF LAW - SPECIAL USE PERMIT X❑ ORDER OF DECISION - SPECIAL USE PERMIT I COURSE OF PROCEEDINGS 1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application ANN-19-06/SUP-19-16 to be held before the Caldwell Planning & Zoning Commission on August 13, 2019. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On, or before, July 28, 2019, notice was published in the Idaho Press Tribune, and on, or before, July 26, 2019 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, August 1, 2019 notice was posted on the site. 1.2 On August 13, 2019 the Caldwell Planning & Zoning Commission recommended approval of the annexation request and approved the special -use permit request. 1.3 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. II GENERAL FACTS 2.1 APPLICANT/OWNER: City of Caldwell, 411 Blaine Street, Caldwell, Idaho, 83605. 2.2 REQUEST: The applicant is requesting to annex 5 acres with an R-1 zoning designation so as to operate a city park on the premises. Case No. ANN-19-06/SUP-19-16 Ustick Road Annexation Page 1 of 5 P&Z Commission Recommendation and Order of Decision vLi r 2.3 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map designation for the site is Commercial. The applicant is requesting a Comprehensive Plan Map Change to Public Open Space COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: Land Use: The subject property is surrounded by the following land uses: Direction Zone CompEehensive Map UT g Site County Commercial Agriculture North R-1 Public Open Space City Park South R_1 Commercial Agriculture East R-1 Public Open Space City Park West County Commercial Agriculture 2.4 Transportation/ConnectivitX: The subject property has frontage onto Ustick Road, a principal arterial roadway. 2.5 Public Services. Utilities and Facilities: The engineering department, fire marshal, building department, police department, Canyon Highway District #4, and Pioneer Irrigation District were all sent a request for comment on June 19, 2019. 2.6 Parking: As per Section 10-02-05 of City Code, parking should be required for this project. City Code requires paved parking areas, including all access roads and driveways. According to Table 4 of City Code 10-02-05(3) city parks require 3 parking stalls per 1 acre of land. The subject property is 5 acres, and should require a minimum of 15 parking stalls. 2.7 Street Improvements/Right-of-Way: The subject property abuts Ustick Road, a principal arterial roadway. The applicant should be required to construct their half of Ustick Road as a principal arterial and dedicated the required right-of-way. As has been standard protocol for other projects, it is also recommended that the applicant be required to extend the required improvements along their other property abutting the site directly to the east. This will help to ensure a complete street section as other properties develop. This property was developed approximately 20 years ago, however at the time it appears that staff inadvertently did not require those improvements at that time. 2.8 Landscaping: As per Section 10-07-02(2) of City Code, landscaping should be required for this project. City Code requires a 25-foot wide grass landscape buffer along Ustick Road. The applicant should be required to provide 1 Class II tree for every 35 feet of linear frontage and 1 shrub for every 7 linear feet of frontage. III PUBLIC TESTIMONY 3.1 Before the Planning & Zoning Commission, August 13, 2019 larom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report. Mr. Wagoner stated the applicant is requesting to annex 5 acres with an R-1 zoning designation so as to operate a city park on the premises. This will basically be an expansion to Brother's Park. Commissioner Nelson asked if there is fence around the property in the SE corner. Mr. Wagoner stated that home is vacant and is in very poor condition and will be removed. Case No. ANN-19-06/SUP-19-16 Ustick Road Annexation Page 2 of 5 P&Z Commission Recommendation and Order of Decision q 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 COMPREHENSIVE PLAN ANALYSIS - ANNEXATION The Caldwell Planning & Zoning Commission accepts the Comprehensive Plan Components as listed below. 5.1 The request was found to be 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: Identify potential takings of private property prior to a regulatory or administrative action on specific property. 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. 5.2 The request was not found to be inconsistent with any of Comprehensive Plan Components. All adopted city ordinances, standards and codes were used in evaluating the application. VI FINDINGS OF FACT - ANNEXATION 6.1 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. VII CONCLUSIONS OF LAW - ANNEXATION 7.1 The Caldwell Planning & Zoning Commission has the authority to hear this case and recommend to the Mayor and City Council 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. VIII RECOMMENDATION - ANNEXATION 8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning & Zoning Commission hereby recommends to the Mayor and City Council that Case Number ANN-19-05 a request by the City of Caldwell to annex 5 acres, more or less, with an R-1 (Low Density Residential) zoning designation with a Comprehensive Plan Map Change from Commercial to Public Open Space for the property located at 2323 E Ustick Road (Parcel # R3583200000) in Caldwell, Idaho is approved with the following conditions of approval: Case No. ANN-19-06/SUP-19-16 Ustick Road Annexation P&Z Commission Recommendation and Order of Decision Page 3 of 5 ?14 A 8.2 Comply with the all applicable city codes, ordinances, policies, and standards. 8.3 All requirements of federal, state and local laws, rules and regulations in place at the date of submittal of any applications shall be adhered to in development of the subject property. IX COMPREHENSIVE PLAN ANALYSIS - SPECIAL -USE PERMIT The Caldwell Planning & Zoning Commission accepts the Comprehensive Plan Components as listed below. 9.1 The request was found to be 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 Goal1: 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. 9.2 The request was not found to be inconsistent with any of Comprehensive Plan Components. All adopted city ordinances, standards and codes were used in evaluating the application. X FINDINGS OF FACT - SPECIAL -USE PERMIT 10.1 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. XI CONCLUSIONS OF LAW - SPECIAL USE PERMIT 11.1 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. XII ORDER OF DECISION - SPECIAL USE PERMIT 12.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning & Zoning Commission hereby orders that Case Number SUP-19-15 a request by the City of Caldwell to construct a public park for the property located at 2323 E Ustick Road (Parcel # R3583200000) in Caldwell, Idaho, is approved with the following conditions of approval: 12.2 Comply with the all applicable city codes, ordinances, policies, and standards. Case No. ANN-19-06/SUP-19-16 Ustick Road Annexation P&Z Commission Recommendation and Order of Decision Page 4 of S _r 12.3 Dedicate as public right-of-way a minimum forty-eight (48) foot half width right-of-way (from centerline) along the entire Ustick Road alignment (per City Standard R-810 A), 12.4 Full frontage half street improvements shall be completed for Ustick Road, abutting the site in accordance with all City of Caldwell standards and specifications. Improvements shall include (but are not limited to) curb, gutter, sidewalk, asphalt, streetlights, joint trench, communication conduit, storm drainage facilities, etc. Paved asphalt sections (not including curb and gutter) for Ustick Road, shall be a minimum of 24' wide to accommodate 2 lanes of traffic. These improvements shall also be extended along the outparcei located directly east and under the same ownership on Ustick Road, within the existing right-of-way. 12.5 Install a minimum 25-foot wide landscape buffer along Ustick Road, abutting the site. The buffer shall contain a minimum of 1 Class II tree for every 35 feet of frontage and 1 shrub for every 7 feet of frontage, along with sod turf grass ground cover as required by City Code Chapter 10-07. 12.6 Provide a minimum of 15 parking spaces. The parking lot shall be paved and meet City of Caldwell Landscape Ordinance requirements. The parking lot shall be constructed prior to the opening of the park. 12.7 Final approval shall be contingent upon the City Council approving the requested annexation, ANN- 19-06. If that annexation is not approved and/or finaled, it shall null and void any other approvals. Case Number ANN-19-06 and SUP-19-16 were heard by the Caldwell Planning & Zoning Commission at a public hearing held August 13, 2019. The Findings of Fact, Conclusions of Law, Recommendation, and Order of Decision were administratively approved and signed by the Planning & Zoning Chairman on the date noted below. �yt-P F, Chairman .�A>Uq 1�ANeE ��— Date ATTEST: agoner, AICP Senior Planner Case No. ANN-19-06/SUP-19-16 Ustick Road Annexation P&Z Commission Recommendation and Order of Decision Page 5 of 5 a1K