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11 PLANNING AND ZONING/HEARING EXAMINER 11
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RECOMMENDATION and ORDER OF DECISION
BY THE CALDWELL HEARING EXAMINER
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD MARCH 12, 2013
Subject: Case No. ZON-82-13 SUP-356-13 (Caldwell Project Rezone and Height SUP)
THE FOLLOWING LAND USE ACTIONS ARE THE PRIMARY FEATURES OF THIS
APPLICATION:
• COMPREHENSIVE PLAN MAP CHANGE OF APPROXIMATELY 24 ACRES FROM
COMMERCIAL TO INDUSTRIAL
REZONE APPROXIMATELY 22 ACRES FROM C-2 COMMUNITY COMMERCIAL TO M-1
LIGHT INDUSTRIAL AND APPROXIMATELY 24 ACRES FROM C-3 SERVICE
COMMERCIAL TO M-1 LIGHT INDUSTRIAL
• SPECIAL USE PERMIT APPROVAL TO CONSTRUCT BULDINGS OF UP TO 70 FEET IN
HEIGHT ON THE ABOVE PROPERTIES
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II GENERAL FACTS
III TESTIMONY
IV APPLICABLE LEGAL STANDARDS
V COMPREHENSIVE PLAN ANALYSIS
VI FINDINGS OF FACT ON COMPREHENSIVE PLAN MAP CHANGE
VII CONCLUSIONS OF LAW ON COMPREHENSIVE PLAN MAP CHANGE
VIII RECOMMENDATION ON COMPREHENSIVE PLAN MAP CHANGE
IX FINDINGS OF FACT ON REZONE
X CONCLUSIONS OF LAW ON REZONE
XI RECOMMENDATION ON REZONE
XII FINDINGS OF FACT ON SPECIAL USE
XIII CONCLUSIONS OF LAW ON SPECIAL USE
XIV ORDER OF DECISION ON SPECIAL USE
COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of public hearing on application
ZON-82-13 SUP-356-13 to be held before the Caldwell Hearing Examiner on March 12, 2013.
Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been
met. On February 22, 2013, notice was mailed to all property owners within 300 feet of the
project site and to all political subdivisions providing services to the site; on February 24, 2013,
notice was published in the Idaho -Press Tribune; and, on February 28, 2013, notice was
posted on the site.
Case No. ZON-82-13 SUP-356-13 (Caldwell Project Rezone and Height SUP) Pagel of 7
RECOMMENDATION and ORDER OF DECISION SC N L
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1.2 On March 12, 2013, the Caldwell Hearing Examiner recommended approval of the
comprehensive plan map and rezone requests 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, Caldwell and at applicable public hearings.
GENERALFACTS
2.1 PROPERTY OWNER: Freehold Development LLC, P.O. Box 804, Meridian, ID 83680.
Caldwell East Urban Renewal Agency, 621 Cleveland Blvd.,
Caldwell, ID 83605.
2.2 APPLICANT: City of Caldwell Planning and Zoning Department, 621 Cleveland Blvd.,
Caldwell, ID 83605.
2.3 REQUEST: The property owners and applicant are seeking approval for a comprehensive plan
map change on approximately 24 acres located on the east side of Smeed Parkway, the south
side of Skyway Drive, and approximately 1,328 feet north of Linden Road from Commercial to
Industrial. Also being sought is a rezone from C-2 Community Commercial to M-1 Light
Industrial on approximately 22 acres and a rezone from C-3 Service Commercial to M-1 Light
Industrial on approximately 24 acres, all located on the east side of Smeed Parkway, the south
side of Skyway Drive, and approximately 1,328 feet north of Linden Road. Additionally being
requested is special use permit approval to construct buildings of up to 70 feet in height on the
above -described properties.
2A BACKGROUND: The subject parcels are currently zoned a combination of C-2 Community
Commercial and C-3 Service Commercial. The parcels that are zoned C-2 Community
Commercial also have a Commercial designation on the Comprehensive Plan Map. The
parcels that are zoned C-3 Service Commercial have an Industrial designation on the
Comprehensive Plan Map. Surrounding uses and zones, for the most part, are industrial.
The subject property is currently bare ground, and is part of the APO-1 Airport Overlay Zone 1.
2.5 LEGAL DESCRIPTION: A legal description for the parcels was submitted with the application
and incorporated into the file for reference purposes.
2.6 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map
designation for the site is both Industrial and Commercial.
2.7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
2.7.1 Land Use:
Direction
Zone
Use
Comprehensive Ma
North
C-2
Offices, Park
Public Open Space, Public
South
M-1
Industrial
Industrial
East R-3 Ag
West M-1 Industrial
Case No. ZON-82-13 SUP-356-13 (Caldwell Project Rezone and Height SUP)
RECOMMENDATION and ORDER OF DECISION
Industrial, Med. Dens. Res.
Industrial
Page 2 of 7
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2.7.2 Transportation/Connectivity: The property utilizes an existing street system.
2.7.3 Public Services. Utilities and Facilities: The Engineering Department, Building Department,
Fire Department, Police Department, Vallivue School District, Caldwell School District,
Caldwell Transportation, Brown Bus Company, Pioneer Irrigation District, Valley Regional
Transit, Idaho Power, and Intermountain Gas were all sent a request for comment on February
5, 2013.
Pioneer Irrigation District was the only entity to respond. The response is included in the Case
File as Exhibit PA-1.
III TESTIMONY BEFORE THE HEARING EXAMINER, MARCH 12, 2013
3.1 Brian Billingsley, Planning Director, 621 Cleveland Blvd., Caldwell, ID 83605, presented the
staff report as written and further noted the subject property is located within the Foreign
Trade Zone. The Foreign Trade Zone does not allow commercial uses, only industrial and
manufacturing uses. This rezone request, then is consistent with the property's location in the
Foreign Trade Zone.
3.2 Mr. Mapp confirmed that the Caldwell Airport is okay with a building height of 70 feet.
3.3 Mr. Billingsley noted there is a condition of approval on the special use permit requiring FAA
approval of the building height at the time of construction.
3.4 Robb MacDonald, Assistant City Engineer, noted the airport runway protection zone has been
researched and the building height on the subject property can go up to 130 feet before it
interferes with the airport.
3.5 Mr. Mapp wondered about landscaping requirements.
3.6 Mr. Billingsley noted that any new construction would have to comply with the City's
landscaping requirements which would require landscaping on the site in conjunction witht eh
building permit application.
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 Hearing Examiner accepts the Comprehensive Plan Components as listed
below.
5.1 The proposed request 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 1-2: Identify potential takings of private property prior to a regulatory or administrative
action on specific property.
Case No. ZON-82-13 SUP-356-13 (Caldwell Project Rezone and Height SUP) Page 3 of 7
RECOMMENDATION and ORDER OF DECISION
Policy 1-3: Consider on a case -by -case basis economic hardship relief that would allow
legitimate, economically beneficial uses of property in situations where regulations would have
an extreme result.
GOALS AND POLICIES — Population
Goal 1: Maintain a high quality of life and livability in the community.
Policy 1-1: Plan for anticipated population and households that the community can support
with adequate services and amenities.
GOALS AND POLICIES — School Facilities & Transportation
Goal 1: Provide on -going opportunity for school representatives of Caldwell and
Vallivue School Districts to participate in the community planning process.
GOALS AND POLICIES — Economic Development
Goal 1: Promote economic development initiatives relating to housing, business, jobs,
schools, recreational opportunities, infrastructure systems, public utilities and
facilities, and public services.
Policy 1-1: Promote a positive working relationship between the City, businesses, and
economic development organizations.
Policy 1-2: Promote job market expansion that encourages opportunities for mid- and upper -
range wage scales and benefits.
Policy 1-3. Encourage development that generates new job opportunity.
Goal 2: Encourage business expansion and labor retention in areas suitable for
commercial development.
Policy 2-1: Provide commercial uses that meet all of the consumer needs for residents within
the community and thereby reduce vehicle miles traveled.
Goal 3: Create neighborhoods where citizens can live, work and play.
Policy 3-2: Generate employment opportunities that support local economies and reduce
vehicle miles traveled between home and work.
Policy 3-3: Promote economic development growth that is sustainable, environmentally
manageable, that will assist in maintaining the City's fiscal stability, and that will reduce the
need for residents to commute out of the City.
Policy 3-4: Designate commercial centers, industrial parks, and light industrial uses in area
that can be supported by all modes of transportation.
Goal 6: Recognize and promote the importance of retaining and attracting basic
industries to Caldwell.
Policy 6-2: Ensure that an adequate inventory of commercial and industrial property is
available for new industries.
Case No. ZON-82-13 SUP-356-13 (Caldwell Project Rezone and Height SUP) Page 4 of 7
RECOMMENDATION and ORDER OF DECISION
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GOALS AND POLICIES — Land Use
Goal ?: 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.
Policy 1-2: Encourage commercial and industrial uses in areas that are readily accessible to
regional and principal arterials and/or public transit.
5.2 The request is either not applicable to or not inconsistent with remaining components of the
Comprehensive Plan.
The Comprehensive Plan states the following for Traditional Neighborhood: Suitable for a
blend of medium and high density residential, small scale commercial, entertainment,
education, office, and open space uses that are geared to serve residents within a one -mile
radius.
Based upon consistency with the Comprehensive Plan and existing surrounding uses and
zones, staff recommends approval of this request.
VI FINDINGS OF FACT FOR COMPREHENSIVE PLAN MAP CHANGE
6.1 The Caldwell Hearing Examiner accepts the facts outlined in the staff report, public testimony
and the evidence list.
VII CONCLUSIONS OF LAW FOR COMPREHENSIVE PLAN MAP CHANGE
T 1 The Caldwell Hearing Examiner has the authority to hear this case and recommend 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 FOR COMPREHENSIVE PLAN MAP CHANGE
8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby
recommends to the Mayor and City Council that Case No. ZON-82-13, a request by Caldwell
East Urban Renewal Agency, Freehold Development LLC, and the City of Caldwell for a
comprehensive plan map amendment from Commercial to Industrial on approximately 24
acres located on the east side of Smeed Parkway, the south side of Skyway Drive, and
approximately 1,328 feet north of Linden Road, be approved with the following conditions of
approval:
8.2 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.
8.3 All requirements of Caldwell City Code and any other officially adopted codes, manuals and/or
resolutions in place at the date of submittal of any applications for the subject property shall be
adhered to.
Case No. ZON-82-13 SUP-356-13 (Caldwell Project Rezone and Height SUP) Page 5 of 7
RECOMMENDATION and ORDER OF DECISION
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IX FINDINGS OF FACT FOR REZONE
9.1 The Caldwell Hearing Examiner accepts the facts outlined in the staff report, public testimony
and the evidence list.
X CONCLUSIONS OF LAW FOR REZONE
10.1 The Caldwell Hearing Examiner has the authority to hear this case and recommend 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.
XI RECOMMENDATION FOR REZONE
11.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby
recommends to the Mayor and City Council that Case No. ZON-82-13, a request by Caldwell
East Urban Renewal Agency, Freehold Development LLC, and the City of Caldwell for a
rezone from C-2 Community Commercial to M-1 Light Industrial on approximately 22 acres
and a rezone from C-3 Service Commercial to M-1 Light Industrial on approximately 24 acres,
all located on the east side of Smeed Parkway, the south side of Skyway Drive, and
approximately 1,328 feet north of Linden Road, be approved with the following conditions of
approval:
11.2 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.
11.3 All requirements of Caldwell City Code and any other officially adopted codes, manuals and/or
resolutions in place at the date of submittal of any applications for the subject property shall be
adhered to.
XII FINDINGS OF FACT FOR SPECIAL USE
12.1 The Caldwell Hearing Examiner accepts the facts outlined in the staff report, public testimony
and the evidence list.
XIII CONCLUSIONS OF LAW FOR SPECIAL USE
13.1 The Caldwell Hearing Examiner has the authority to hear this case and recommend 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.
XIV ORDER OF DECISION FOR SPECIAL USE
14.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby
orders that Case No. SUP-356-13, a request by Caldwell East Urban Renewal Agency,
Freehold Development LLC, and the City of Caldwell for special use permit approval to
construct buildings of up to 70 feet in height on properties located on the east side of Smeed
Parkway, the south side of Skyway Drive, and approximately 1,328 feet north of Linden Road,
is approved with the following conditions of approval:
14.2 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.
Case No. ZON-82-13 SUP-356-13 (Caldwell Project Rezone and Height SUP) Page 6 of 7
RECOMMENDATION and ORDER OF DECISION
14.3 All requirements of Caldwell City Code and any other officially adopted codes, manuals and/or
resolutions in place at the date of submittal of any applications for the subject property shall be
adhered to.
14.4 All regulations of the FAA shall be met.
14.5 There isn't a time limit on the submittal of building permit applications or the issuance of
certificates of occupancy for this special use permit approval.
CASE NUMBER ZON-82-13 SUP-356-13 WAS HEARD BY THE CALDWELL HEARING EXAMINER
AT A PUBLIC HEARING HELD MARCH 12, 2011
THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION/ORDER OF
DECISION WERE ADMINISTRATIVELY APPROVED AND SIGNED BY THE CALDWELL HEARING
EXAMINER O ATE NOTED BELOW.
M. Jerome Map earing Vxaminer
zhofi 3
Date a arie i ner, Seni tanner/Development Team Ldr.
Case No. ZON-82-13 SUP-356-13 (Caldwell Project Rezone and Height SUP) Page 7 of
RECOMMENDATION and ORDER OF DECISION
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CALDWELL HEARING EXAMINER MINUTES
March 12, 2013
Call to Order — Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public hearing at
7:00 p.m.
Review of Proceedings — Mr. Jerome Mapp outlined the procedures for tonight's hearing.
Members Present: Brian Billingsley (Planning Director); Robb MacDonald (Assistant City Engineer);
April Cabello (Planning Technician)
Members Absent: Anne Marie Skinner (Senior Planner)
III. Old Business:
A. Mr. Mapp approved the Minutes of the December 11, 2012 meeting as previously signed by
Hearing Examiner Mapp.
IV. New Business:
A. Case No. ZON-82-13/SUP-356-13, a request by Caldwell East Urban Renewal Agency,
Freehold Development LLC, and the City of Caldwell for a comprehensive plan map
amendment from Commercial to Industrial on approximately 24 acres located on the east
side of Smeed Parkway, the south side of Skyway Drive, and approximately 1,328 feet north
of Linden Road. Also requested is a rezone from C-2 Community Commercial to M-1 Light
Industrial on approximately 22 acres and a rezone from C-3 Service Commercial to M-1 Light
Industrial on approximately 24 acres, all located on the east side of Smeed Parkway, the
south side of Skyway Drive, and approximately 1,328 feet north of Linden Road. Also
requested is a special use permit to construct buildings up to 70 feet in height on the above -
described properties.
Testimony:
1. Brian Billingsley, Planning Director, 621 Cleveland Blvd., Caldwell, ID 83605,
presented the staff report as written and further noted the subject property is
located within the Foreign Trade Zone. The Foreign Trade Zone does not allow
commercial uses, only industrial and manufacturing uses. This rezone request,
then, is consistent with the property's location in the Foreign Trade Zone.
2. Mr. Mapp confirmed that the Caldwell Airport is okay with a building height of
70 feet.
3. Mr. Billingsley noted there is a condition of approval on the special use permit
requiring FAA approval of the building height at the time of construction.
4. Robb MacDonald, Assistant City Engineer, 621 Cleveland Blvd., Caldwell, ID
83605, noted the airport runway protection zone has been researched and the
building height on the subject property can go up to 130 feet before it
interferes with the airport.
5. Mr. Mapp wondered about landscaping requirements.
Hearing Examiner Minutes
Hearing on March 12, 2013
S.- %NN ED
Page �1
Ph: 208-455-3000
Fax: 208.455.3003
www.cityofcaldwell.com
The Treasure of 11,7e Halley
Caldwell Hearing Examiner agenda for Public Hearing on Tuesday, March 12, 2013 at
7:00 p.m., in the Community Room of the Caldwell Police Department at 110 South 51h
Avenue, Caldwell, Idaho.
AGENDA ?
J.
I. Call to Order t
11. Review of Proceedings A
Ill. Old Business
A. Approve the Minutes of the De=46r'l 1, 216
IV. New Business 4.
A. Case No. ZON-82-13]SUP-356-13, a requeg 'by Caldwell 'East Urban Renewal
Agency, Freehold Development L(C, anAMiGRVPf 6;jkd%kql1 for a comprehensive
plan map amendment from Coryirbdrdi,Cal'-'�cf,'Ind6$trial,',,�tr proximately Z4 acres
located on the east side of Smeed PatlkmQ� f soQ'M-.sIdW,6f` Skyway Drive, and
approximately 1,328 feet north of Linden .Ao.idkWs.t).re.qpbttdd is a rezone fforri C-2
Community Commercial to M-1 Light Industd?l on- approkiTpately 22 pore; acid 4
rezone from C-3 Service Commercial t' M-117 L-flaht IndidTMal on ap itely �24
0 01, - . . . N . m
I . p.Fpxi 'a
acres, all located on the east. side of Smelied Y[kWayi the. sRuth' side of Skyway Drive,
and approximately 1,328 feet north of LAWAoSd'. 'Also re.^q'6A;4redisN sp��6611W'use
permit to construct build109s Yp tb 70 f6et fro heli'ght'cn the above -described �W . . 0erti6t.. p - .
V. Next Hearing Ekkniner Public Meeting bco§; Tues " -, I day., may 44-014, at 7:60 pj%
VI. Adjourn , I Yr it �Tdw
W
n
?
Any person needin'g special accohl'm Riaioh' St to partidipate in the -meeting should
contact the City Office at (ZOO) 456-4667 prior
Or tc M764tili
Cualquier persona necesitando c6hibdid4des espdcialo,para'4tticiNr en la reunion
debe contactar al las 0 ficin ps,.dq6I4 Ciudad o [lame a (208 '4 5
1,161 antes de la reunion.
AMERICA
" 7`1� �,e
City Hall - 411 Blaine Street - P.O. Box 1179 - Caldwell, Idaho 83606 - 208.455.3000
l_
CALDWELL HEARING EXAMINER MINUTES
March 12, 2013
I. Call to Order — Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public hearing at
7:00 p.m.
II. Review of Proceedings — Mr. Jerome Mapp outlined the procedures for tonight's hearing.
Members Present: Brian Billingsley (Planning Director); Robb MacDonald (Assistant City Engineer);
April Cabello (Planning Technician)
Members Absent: Anne Marie Skinner (Senior Planner)
III. Old Business:
A. Mr. Mapp approved the Minutes of the December 11, 2012 meeting as previously signed by
Hearing Examiner Mapp.
IV. New Business:
A. Case No. ZON-82-13/SUP-356-13, a request by Caldwell East Urban Renewal Agency,
Freehold Development LLC, and the City of Caldwell for a comprehensive plan map
amendment from Commercial to Industrial on approximately 24 acres located on the east
side of Smeed Parkway, the south side of Skyway Drive, and approximately 1,328 feet north
of Linden Road. Also requested is a rezone from C-2 Community Commercial to M-1 Light
Industrial on approximately 22 acres and a rezone from C-3 Service Commercial to M-1 Light
Industrial on approximately 24 acres, all located on the east side of Smeed Parkway, the
south side of Skyway Drive, and approximately 1,328 feet north of Linden Road. Also
requested is a special use permit to construct buildings up to 70 feet in height on the above -
described properties.
Testimony:
1. Brian Billingsley, Planning Director, 621 Cleveland Blvd., Caldwell, ID 83605,
presented the staff report as written and further noted the subject property is
located within the Foreign Trade Zone. The Foreign Trade Zone does not allow
commercial uses, only industrial and manufacturing uses. This rezone request,
then, is consistent with the property's location in the Foreign Trade Zone.
2. Mr. Mapp confirmed that the Caldwell Airport is okay with a building height of
70 feet.
3. Mr. Billingsley noted there is a condition of approval on the special use permit
requiring FAA approval of the building height at the time of construction.
4. Robb MacDonald, Assistant City Engineer, 621 Cleveland Blvd., Caldwell, ID
83605, noted the airport runway protection zone has been researched and the
building height on the subject property can go up to 130 feet before it
interferes with the airport.
5. Mr. Mapp wondered about landscaping requirements.
Hearing Examiner Minutes
Hearing on March 12, 2013
S-QkNNED
Pa1
6. Mr. Billingsley noted that any new construction would have to comply with the
City's landscaping requirements which would require landscaping on the site in
conjunction with the building permit application.
Comprehensive Plan Analysis for ZON-82-13/SUP-356-13 (Map Change, Rezone, Special Use): Mr.
Mapp accepted the comprehensive plan analysis as listed in the staff report.
Findings of Fact for ZON-82-13 (Map Change and 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-82-13 (Map Change and Rezone): The Hearing Examiner accepted the
Conclusions of Law as outlined in the staff report.
RECOMMENDATION FOR ZON-82-13 (Map Change and Rezone): The Hearing Examiner
RECOMMENDED that Case Number ZON-82-13 BE APPROVED.
Findings of Fact for SUP-356-13 (Special Use for Building Height): The Hearing Examiner accepted
the general facts as outlined in the staff report, public testimony, and the evidence list.
Conclusions of Law for SUP-356-13 (Special Use for Building Height): The Hearing Examiner
accepted the Conclusions of Law as outlined in the staff report.
ORDER OF DECISION FOR SUP-356-13 (Special Use Permit for Building Height): The Hearing
Examiner ORDERED that Case Number SUP-356-13 IS APPROVED.
V. Planning Issues —None.
VI. Adjournment
The Hearing Examiner adjourned the meeting at approximately 7:16 p.m.
MINUTES AP VED AND SI NED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED
BELOW:
3 % v �3 ATTEST:
Jer Mapp G `D to
n Il
April Cabello, Planning Technician
Hearing Examiner Minutes
Hearing on March 12, 2013 P a g e 12