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HomeMy WebLinkAboutPlanning & Zoning - Hearing ExaminerPLANNING AND ZONING/HEARING EXAMINER ITEM DATE SUBMITTED BY PZ- I AGENDA�� L_C� PZ-2 MINUTES S 5>C-k)lc� )P-r, PZ-3 SIGN-UP SHEET(S) �5_ l S_dlz)L� `--e— Pz-� CYO Lbal)C�6i un Pz- CITY OFF 'CALDWELL 6)aamefftVt alto- r Caldwell Planning & Zoning Commission agenda for Public Hearing on Tuesday, May 14, 2019 at 7:00 p.m., in the Community Room, Caldwell Police Department, 110 South 5"' GARRETNANCOLAS Avenue, Caldwell, Idaho. Mayor 20BAS5.3011 AGENDA (f) 2WA$5 3003 I. Call to Order city►iall 11. Review of Proceedings 411 Bla.ne Strut Caldwell,Idaho 8 fF')s III. Old Business: Post Office Box ACTION ITEM: Approve Minutes of the April 9, 2019 meeting as signed by Chairperson P.O. Box 1179 Doty-Pomoransky. Cardwell, Idaho 83606 Fora list ofthe City IV. New Business: Council members, visit: website ACTION ITEM. Case Number SUP-19-05: A request by EJ Laudert www.cityokaldwell.com and Steel National, LLC for a special -use permit to construct an off - premise sign (Billboard) within the M-1 (Light Industrial) zoning district. The subject property is located on the south side of I-84, approximately 1,400 feet southeast of the intersection of Ustick Road and Nelson Lane (Parcel R30933010A1) in Caldwell, Idaho. ACTION ITEM. Case Number SUP-19-08: A request by Mike Mussell and Mussell Construction for a special -use permit to construct a public schoolleducational facility within the R-1 (Low Density Residential) zoning district. The subject property is located on the north side of Lincoln Street approximately 3,000 feet west of Mason Road (Parcel R3479500000) in Caldwell, Idaho. ACTIONITEM: Case Number SUB-19P-02: A request by Endurance Holdings, LLC and Katie Miller for Preliminary Plat approval of Marblefront Subdivision consisting of 62,6 acres, more or less, to be subdivided into 187 residential lots and 17 common lots. The subject property is located at the southwest corner of KCID Road and Marble Front Road in Caldwell, Idaho. V. Planning and Zoning Issues, If any. VI. Next Planning and Zoning Commission Scheduled Public Meeting Date: June 18, 2019. (The June 11, 2019 meeting has been cancelled due to a lack of quorum). VII. Adjourn SUGGESTIONS FOR TESTIFYING AT PUBLIC HEARINGS 1. 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 parties. 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. S. 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 especiales pain participar en la reunion debe contactar al las oficinas de la Ciudad o [lame a 208 455- 4664 antes de la reuni6n. T LI CITY OF CALDWELL CALDWELL PLANNING AND ZONING COMMISSION MINUTES Community Room, Caldwell Police Department 110 South 51h Avenue, Caldwell, Idaho May 14, 2019, 7:00 P.M. Call to Order ..Chairperson Doty-Pomoransky called the meeting to order at 7:05p.m. Review of Proceedings - Roll Call - Members Present: Ed Doty-Pomoransky, Betsy Hunsicker, James Nelson, Roger Page, Dana Vance Members Absent: None. Staff Present: Jarom Wagoner (Senior Planner/Development Team Leader), Robb MacDonald (City Engineer), Lori Colligan (Administrative Secretary) Staff Absent: None Old Business: Approve minutes of April 9, 2019 regular meeting as previously signed by Chairman Doty-Pomoransky. MOTION: Commissioner Page. SECOND: Commissioner Nelson. Passed: Unanimous roll call vote. New Business: 1. Case Number SUP-19-05: A request by EJ Laudert and Steel National, LLC for a special -use permit to construct an off -premise sign (Billboard) within the M-1 (Light Industrial) zoning district. The subject property is located on the south side of I-84, approximately 1,400 feet southeast of the intersection of Ustick Testimony: Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report. Mr. Wagoner stated the applicant is requesting special use permit approval to construct an off - premise sign (billboard) within the M-1 (Light Industrial) zone. The billboard is proposed to be approximately 672 square foot in size. EJ Laudert, 416 E 41s, Boise, Idaho (Applicant) stated that he asked if he could hold off on landscaping since the owner will be developing at that location. Commission Vance asked if the plan was to develop in the near future. Mr. Laudert said yes, they have started and they are waiting for the sign to be installed. Pagel Planning and Zoning Minutes ezx Mr. Wagoner stated that if the property is developed in the future then the landscaping should fall on the owner. He recommends deferring the landscaping for 12 months and if the property is not developed by that time then the applicant can put in landscaping. Mr. Mike Heim,1605 S Gramercy Road, Salt Lake City, UT signed in favor but chose not to speak. 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 Vance. SECOND: Commissioner Page. 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 Page. SECOND: Commissioner Vance. 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-19-05 (Special Use) MOTION: Commissioner Page that Case Number SUP-19-OS be approved with the following conditions: 8.2 — 8.4 with the modification to 8.3 stating the landscaping will be deferred for 12 months. SECOND: Commissioner Vance. Passed: Unanimous roll call vote. 2. Case Number SUP-19-08: A request by Mike Mussell and Mussell Construction for a special -use permit to construct a public school/educational facility within the R-1 (Low Density Residential) zoning district. The subject property is located on the north side of Lincoln Street approximately 3,000 feet west of Mason Road (Parcel R3479500000) 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 special use permit approval to construct an approximately 40,000 square foot public charter school. The Mosaic Charter School will include a science based curriculum for approximately 400 students, grades K-8, with plans to run 4 school buses. Mr. Mike Mussell, PO Box 3304 Nampa, Idaho (Applicant) stated it will be K-8 science based school; they feel there is a need for this in the community. David Leroy, Attorney (representing the applicant) PO Box 193, Boise Idaho, stated that he drove this area earlier today, this can be a very exciting green corridor for the city as well as the logical development you will see in that direction. They have studied the staff report and are comfortable with all of the conditions. Canyon Highway District has endorsed, and staff has required, a traffic impact study and they are working on that, they have presented a summary of that for tonight's hearing. The study suggest that with their activity generated there may be a modest 2% or so increase of traffic on that roadway. It remains well below capacity even with that 2% increase. He has had a chance to talk to the two principal opposing neighbors. Page 12 Planning and Zoning Minutes �� r r Calvin Tabor, 28277 Country Lane, Caldwell, I D (in favor) he has limited contact with charter schools and from what he has seen they are an excellent asset for the community. He is in favor of the charter school. Patty Mussell, 9747Riverside Road, Caldwell, ID (in favor) stated she is in support of the school. She believes having the option of a science based charter school is a very positive option for her family as well as the growing community of Caldwell. Jackie Collins, 970 E Washaki St. Meridian, ID (in favor) stated she is a member of the board for the charter school. They have been looking for months for a location and she was very excited to find this location. They are excited to bring this opportunity to the children of the Caldwell area. Cheri Murray, 2608 Sea Breeze St. Caldwell, ID signed in favor but chose not to speak. Jerry Dickerson, 3615 S Raintree, Nampa, ID 83686 signed in favor but chose not to speak. Ken Gurdy, 819 Mason Rd., Caldwell, ID signed neutral but chose not to speak. Philip Paynter, 2911 Lincoln Rd., Caldwell, ID signed in opposition but chose not to speak, Bobby Bicandi, 2724 Polk St. Caldwell, ID (opposed) stated they recently purchased 2 pieces of property on Lincoln Road just west of this area. They have made a recent and significant investment in property on Lincoln Road to preserve their agriculture lifestyle. They are full-time farmers, it is their livelihood, it is not a hobby for them. They would not have made this big of an investment if they had known about this school developing this ground. Their biggest concern is the water. It is imperative that they are on record stating the water that goes through this piece of ground is what directly affects the ground they just spent a huge amount of money purchasing. They were led to believe they were in an agriculture area. Everyone is passing Lincoln off as a non - traveled road, but since Chinden is being redone and State is being redone, Lincoln Road has become a straight path for people from Middleton Road to the City of Caldwell. There are several byways through there. They move equipment constantly on this road. When you come off this road in the morning, headed east, there is a complete blind spot. Commisisoner Vance asked if she has met with Mr. Leroy or Mr. M ussell to discuss these issues. Ms. Bicandi stated she was at a public meeting where they were told growth was coming and they needed to get used to it. Commissioner Vance asked if the property she purchased was in City limits. Ms. Bicandi stated no. Jerry Tabor, 2919 Lincoln Road, Caldwell, Id (opposed) stated he has the property to the east of this location. He has a number of concerns. Mostly the growth in this area. They are not using all of the location and some of it could go to a gas station or something. From Canyon Hill to Lincoln is primarily agriculture, all the way to the Boise River. He doesn't do the same crops but he does raise seed. They have a great deal of wild life, turkeys, deer, quail, pheasants, ducks, geese - all nesting on his property and adjoining property. It is affecting their lifestyle. He didn't know at the time but they had a meeting on a Sunday, the size of the students, it will be about 550 plus staff. Someone remarked it would be better than suburbs. He doesn't agree, these students need to be bussed twice a day. You add all those cars up and it's a ton of cars, there wouldn't be that many cars with a Page 13 Planning and Zoning Minutes PLC subdivision. He's not in favor of that either, he wants it to stay at it is. He's concerned about the road and taxes. (Mr. Wagoner: Commissioner Hunsicker just arrived, after testimony has started and therefore, it would not be appropriate for her to have comments or to vote on this case.] Mr. Leroy (rebuttal) he can amplify on the significant point of the water, The water is delivered by Pioneer Irrigation. The passage across the school parcel is privately owned land. The plan is to cover it and make it a piped area. It delivers water to Mr. Tabor's property and then the Bicandi property. They are comfortable with an additional condition that the water will continue through. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page. SECOND: Commissioner Nelson. Passed: Unanimous voice vote. Commissioner Vance asked Mr. Wagoner with regard to the property it appears to be almost like a pocket zone, is all that property surrounding it currently County and is it in our area of impact? Mr. Wagoner stated it is all county but in the area of impact. Commissioner Vance asked if the road will be widened? Mr. Wagoner stated yes, it will be widened. They will improve their frontage and as each parcel is developed, frontage will be improved in those areas. Commissioner Nelson is concerned with the speed limit. What is it currently and what will it be when it is developed. Mr. Wagoner stated it is 45 mph. Commissioner Nelson asked if that will be reduced in front of the school. Mr. MacDonald stated that typically in a school zone there are requirements to put up school zone signage and generally a reduction of speed. It depends on the area what that speed will be. In this case, because we don't have a complete traffic study, we will wait for that information. Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed in SA and 5.2. 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 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-19-08 (Special Use) MOTION: Commissioner Vance that Case Number SUP-19-08 be approved with the following conditions: 8.2 - 8.7 with the addition of condition 8.8 to state that that the property owner will coordinate with Pioneer Irrigation to mitigate any disruption of irrigation services. SECOND: Commissioner Page. The motion to approve passed, with a Page 14 Planning and Zoning Minutes majority voting in favor: Vance, Page, Hunsicker, Nelson and one voting opposed: Doty Roll call vote 3. Case Number SUB-19P-02: A request by Endurance Holdings, LLC and Katie Miller for Preliminary Plat approval of Marblefront Subdivision consisting of 62.6 acres, more or less, to be subdivided into 187 residential lots and 17 common lots. The subject property is located at the southwest corner of KCID Road and Marble Front Road 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 approval of a Preliminary Plat for Marblefront Subdivision, consisting of 187 single-family residential lots and 17 common lots. Katie Miller, 4242 N. Brookside Drive, Boise, Idaho (applicant) stated this is preliminary plat with an R-1 zoning designation. Its location will be on the corner of KCID and Marblefront Road. Average buildable lot size is over 8,000 sq foot and in compliance with the R-1 zone. There will be three really nice pocket parks located through the development. There will be pathways and a pedestrian bridge. It will be 5 phases, with an expected build out of 8 years. There will be a variety of homes, single and two story. They are excited about it and think it will be a beautiful community. The applicant has approved of all the conditions. Commissioner Hunsicker asked if there were sidewalks in the development. Ms. Miller said yes. Shawn Brownlee 9839 W. Cable Car St., Boise, ID, signed in favor but chose not to speak. Kirby Clendenon, 4526 Marblefront Rd., Caldwell, ID (neutral) stated he would like to keep agriculture around him but they fought earlier to get the R-1 zoning and he is happy about that. The developers have been very gracious to him. They have guaranteed him that water continue to his parcel. Commissioner Hunsicker asked what guarantees have they given him? Is it an easement? Mr. Clendenen said it was verbally stated to him. Mr. Wagoner stated they could add a condition that the developer provide either an easement or deed the property to the owner to the west. Cyndi Simpson, 4S00 Marblefront Road, Caldwell, ID (neutral) stated she is thrilled it is staying R-1, she would prefer agriculture all around. She does have some concerns — the walkway in Phase 1. Smeed Parkeway goes along her property. The walkway is very close to her property and she is concerned with school kids on her property. She asked Ms. Miller why the walkway couldn't be moved. Her other concern is the photos of the property development are of gorgeous homes. How will they uphold the standards of quality of the homes that go in there. There are homes in Virginia Parkway that have been in a continual decline. She doesn't want that in a subdivision near her. The Commission needs to keep the standards up. Mr. Wagoner stated that the applicant did show what they plan to put in there. The commission can condition that what they build is substantially compliant to what was shown in the photos tonight. Page 15 Planning and Zoning Minutes Regarding the pathway, the school was very much opposed to relocating the pathway. They do not want anyone to just walls on to the school grounds. Smeed Parkway will have a 7 ft wide sidewalk. Commissioner Hunsicker if the students will walk along the north side of the ditch? Mr. Wagoner stated that there will be a pedestrian bridge there. Commissioner Hunsicker asked if there is some kind of exterior privacy fencing surrounding the property. Mr. Wagoner stated yes. Alan Simpson, 4500 Marblefront Road, Caldwell, ID signed in neutral but chose not to speak. Katie Miller (rebuttal) stated Jarom explained the reason for the placement of the pathway very well. They don't have a preference; it was a request from the school. The developer will be Corey Barton homes and they will have a Homeowner's association and CC&R's. Commissioner Hunsicker is asking if they can put a fence up to the ditch. Ms. Miller stated that belongs to the Bureau of Reclamation and they have a 100 ft. easement. Mr. Wagoner stated each jurisdiction has their own regulations and they are protective of that easement area. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Vance. 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 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 Nelson. 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 Nelson. Passed: Unanimous voice vote. RECOMMENDATION FOR SUB-191P-02 (Preliminary Plat) MOTION: Commissioner Vance that Case Number SUB-19P-02 be approved with the following conditions: 8.2 thru 8.22 with the addition of Condition 8.23: that the applicant will coordinate through deed or easement access to the well for the property on the west and 8.24: homes built will be substantially compliant to the examples shown in the presentation and those examples shall be part of the development agreement. SECOND: Commissioner Page. Passed: Unanimous roll call vote, V. Planning Issues - Page; 6 Planning and Zoning Minutes per r- r A. Next Planning and Zoning Commission Scheduled Public Meeting Date: June 18, 2019. Comp Plan Workshop at 6:00 p.m. and Hearing at 7:00 p.m. (The June 11, 2019 meeting has been cancelled due to a lack of quorum). VII. Adjournment MOTION: Commissioner Vance. SECOND: Page. The meeting was adjourned at approximately 9.05 p.m. MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-POMORANSKY ON THE DATE NOTED BELOW: NDo;yy-PWoto�nYAy, hair Date ATTES . FK Jar ilk`' g er, AICP, Senior Planner FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING, Page17 Planning and Zoning Minutes r 5 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: Laudert Billboard Sign CASE NUMBER: SUP-19-05 IN FAVOR Applicant or Representative Speak ❑ Do not speak 14,0(rA Print Name 911 r fl$/- 5 J- Print Address City State, Zip NEUTRAL. ❑speak ❑ Do not speak Print Name Print Address City State, Zip eak ❑ Do not speak ❑speak ❑ Do not speak Print Name Print Name Print Address Print Address C k City State, Zip City State, Zip ❑speak ❑ Do not speak ❑speak ❑ Do not speak Print Name Print Name Print Address Print Address City State, Zip City State, Zip IN OPPOSITION El speak ❑ Do not speak Print Name Print Address City State, Zip ❑speak ❑ Do not speak Print Name Print Address City State, Zip ❑speak ❑ Do not speak Print Name Print Address City State, Zip r Order of Decision by the Caldwell Planning & Zoning Commission City of Caldwell, Idaho Public Hearing Held May 14, 2019 Subject: Case No. SUP-19-OS (Laudert Billboard) The following Land Use Action is the primary feature of this application: • Special -Use -Permit request to construct an off -premise sign (billboard) within the M-1 (Light Industrial) zoning district. TABLE OF CONTENTS: I COURSE OF PROCEEDINGS II GENERAL FACTS III TESTIMONY IV APPLICABLE LEGAL STANDARDS V COMPREHENSIVE PLAN ANALYSIS VI FINDINGS OF FACT VII CONCLUSIONS OF LAW VIII ORDER OF DECISION I COURSE OF PROCEEDINGS 1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application SUP- 19-05 to be held before the Caldwell Planning & Zoning Commission on May 14, 2019. Public notice requirements set forth in Idaho Code. Chapter 65, Local Planning Act, were met. On, or before, April 28, 2019, notice was published in the Idaho Press Tribuneand on, or before, April 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, May 2, 2019 notice was posted on the site. 1.2 On May 14, 2019 the Caldwell Planning & Zoning Commission approved the 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. 11 GENERAL FACTS 2.1 APPLICANT: EJ Laudert, YESCO Outdoor Media, 416 E. 41st Street, Boise, Idaho, 83714. 2.2 REQUEST: The applicant is requesting special use permit approval to construct an off -premise sign (billboard) within the M-1 (Light Industrial) zone. The billboard is proposed to be approximately 672 square foot in size. 2.3 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map designation for the site is Industrial. Case No. SUP 19-05 Laudert Billboard P&Z Commission Order of Decision Page 1 of 4 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. COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: Land Use: The subject property is zoned R-3 (High Density Residential) and is surrounded by the following land uses: Direction Zone Comprehensive, Mau USA Site M-1 Industrial Mini Storage/RV Storage North A-D Institutional I-84/Airport South C-3 Commercial Railroad/Government Uses East County Industrial Agricultural West M-1 Industrial Mobile Home Park 2.4 Transportation/Connectivity: 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 No. 4, Idaho Transportation Department, and Pioneer Irrigation District were all sent a request for comment on March 28, 2019. III PUBLIC TESTIMONY 3.1 Before the Planning & Zoning Commission, May 14, 2019 Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report. Mr. Wagoner stated the applicant is requesting special use permit approval to construct an off -premise sign (billboard) within the M-1 (Light Industrial) zone. The billboard is proposed to be approximately 672 square foot in size. El Laudert, 416 E 415s, Boise, Idaho (Applicant) stated that he asked if he could hold off on landscaping since the owner will be developing at that location. Commission Vance asked if the plan was to develop in the near future. Mr. Laudert said yes, they have started and they are waiting for the sign to be installed. Mr. Wagoner stated that if the property is developed in the future then the landscaping should fall on the owner. He recommends deferring the landscaping for 12 months and if the property is not developed by that time then the applicant can put in landscaping. Mr. Mike Heim,1605 S Gramercy Road, Salt Lake City, UT signed in favor but chose not to speak. 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 The Caldwell Planning & Zoning Commission accepts the Comprehensive Plan Components as listed below. Case No. SUP-19-05 Laudert Billboard Page 2 of a P&Z Commission Order of Decision 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: 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. 5.2 The request was not found to be inconsistent with any of the Comprehensive Plan Components. VI FINDINGS OF FACT 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. The proposed use is conditionally permitted by the terms of the ordinance and is subject to conditions of approval. VII CONCLUSIONS OF LAW 7.1 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. VIII ORDER OF DECISION 8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning & Zoning Commission hereby orders that Case Number SUP-19-05 a request by EJ Laudert and Steel National, LLC for a special -use permit to construct an off -premise sign (Billboard) within the M-1 (Light Industrial) zoning district for the property located on the south side of 1-84, approximately 1,400 feet southeast of the intersection of Ustick Road and Nelson Lane (Parcel R30933010A1) in Caldwell, Idaho, is approved with the following conditions of approval: 8.2 Comply with the all applicable city codes, ordinances, policies, and standards. 8.3 Install a 30-foot wide landscape buffer along I-84, abutting the site. The buffer shall contain a minimum of 7 Class 11 trees and 35 shrubs, along with turf grass covering a minimum of 70% of the area. The trees shall be a minimum caliper of 2-inches. This requirement shall be deferred for 12 months from the date of the signing of the Order of Decision, If the property owner has not installed the required landscaping by that time, the applicant shall be required to do so. Case No. SUP-19-05 Laudert Billboard P&Z Commission Order of Decision Page 3 of 4 RZ-9 8_4 Provide landscaping surrounding the billboard, as required by City Code Chapter 10-02-06(2)1 and City Code Chapter 10-07. Case Number SUP-19-05 was heard by the Caldwell Planning & Zoning Commission at a public hearing held May 14, 2019. 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. oty-P oransky, Chairman ATTEST: /;-S t q Date Case No. SUP-19-05 Laudert Billboard P&Z Commission Order of Decision j rom oner, AICP Sen anner Page 4 of 4