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PLANNING AND ZONINGIHEARING EXAMINER
ITEM
DATE
SUBMITTED BY
PZ-1 AGENDA
PZ-2 MINUTES�,5
PZ-3 SIGN-UP SHEET(S)
PZ- oc c o
PZ_
GARRET NANCOLAS
Mayor
208.455.30r.
(0 208.455.3001
City Nall
411 Blaine StrM
Cardwell, Idaho 8� 505
Post Office Box
P.O. Box 1179
Caldwell, Idaho 83606
For a list of the City
Council members, visit
Website
www.cityofcaldweli.com
CITY Or k
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onam�
Caldwell Planning & Zoning Commission agenda for Public Hearing on Tuesday,
February 13, 2018 at 7:00 p.m., in the Community Room, Caldwell Police Department,
110 South 5111 Avenue, Caldwell, Idaho.
AGENDA
I. Call to Order
II. Review of Proceedings
III. Old Business
Approve Minutes of October 10, 2017 meeting as signed by Chairperson Doty-
Pomoransky.
IV. New Business
A. Elect Chairperson and Vice -Chairperson for 2018.
B. Case Number SUP-17-06: A request by Mason Stanfield and Lasher
Development Co LLC for a special -use permit to expand an existing mobile
home park within the R-3 (High Density Residential) Zone. The subject
property is located at 5001 E. Ustick Road (Parcel R35859010A0) in
Caldwell, Idaho.
C. Case Number SUP-18-01: A request by JR Flores and Blue Ring Studio,
LLC for a special -use permit to operate a Tattoo Parlor within the C-2
(Community Commercial) Zone. The subject property is located at 2402
Cleveland Boulevard (Parcel R3536200000) in Caldwell, Idaho.
D. Case Number OA-18-01: A request by the Caldwell Planning and Zoning
Department to amend the current Caldwell Zoning Map and Official
Comprehensive Plan Map.
V. Planning and Zoning Issues, If any.
VI. Next Planning and Zoning Commission Scheduled Public Meeting Date: April 10,
2018
VII. Adjourn
SUGGESTIONS FOR TESTIFYING AT PUBLIC HEARINGS
t. Remember your objective ... 11 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 10 your presentation.
2. Shaw your strangth...Many neighborhood groups have organized their testimony by having one or a few people speak on behalf of the group The eader
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...Pubfic 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 stones, lectures or philosophy, abstract complaints about generalities, or redundant testimony are usually a poor
use of Gme.
4. State your recommendation.
5. Be informed.... Gel a copy of the plan being heard, the staff report, the proposed ordinance, or other pertinent material. Then read if 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. White. Be prepared to compromise.
Any person needing special accommodations to participate in the meeting should contact the City Office at 209 455.4664 prior to the meeting.
Cuakuier persona necesitando comodidades especiales para participar an la reunion debe conlaclar al las oficinas de la Ciudad o llame a 208 455- 4664
antes de la reunidn.
0
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CITY OF CALDWELL
CALDWELL PLANNING AND ZONING COMMISSION MINUTES
Community Room, Caldwell Police Department
110 South 51h Avenue, Caldwell, Idaho
February 13, 2018, 7:00 P.M.
Call to Order Chairperson Doty-Pomoransky called the meeting to order at 7:00 p.m.
Review of Proceedings -
Roll Call --
Members Present: Ed Doty=Pomoransky, James Nelson, Dana Vance, Carlos Soriano
Members Absent: Roger Page
Staff Present: Jarom Wagoner (Senior Planner), April Cabello (Planning Technician)
Staff Absent: Brian Billingsley (Planning & Zoning Director), Robb MacDonald (City
Engineer), Lori Colligan (Administrative Secretary)
Old Business: Approve minutes of October 10, 2017 regular meeting.
MOTION: Commissioner Nelson. SECOND: Commissioner Soriano. Passed: Unanimous roll call
vote.
New Business:
A. Election of Chair and Vice -chair for 2018
MOTION made by Commissioner Vance to re-elect Commissioner Doty-Pomoransky as Chair for
2018. SECOND by Nelson. Approved unanimous roll call vote.
MOTION made by Commissioner Vance to re-elect James Nelson as Vice Chair for 2018. SECOND by
Commissioner Soriano. Approved unanimous roll call vote.
B. Case Number SUP-17-06: A request by Mason Stanfield and Lasher Development Co LLC for a
special -use permit to expand an existing mobile home park within the R-3 (High Density
Residential) Zone. The subject property is located at 5001 E. Ustick Road (Parcel
R35859010A0) 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 expand an existing
mobile home park within the R-3 (High Density Residential) zone. The proposal is for a 2-space
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addition to the existing Indian Creek Mobile Home Park. The expansion is proposed in a bare lot
that abuts the existing mobile home park.
Mr. Wagoner showed the Commission a site plan of the project. (Exhibit PZ-1000).
Commissioner Vance asked Mr. Wagoner if the current lot was zoned M-1 as indicated in the staff
report.
Mr. Wagoner stated that was a typo; the site is zoned R-3. The Comp Plan shows it as industrial but
it is zoned R-3.
Brady Lasher, 3327 N Eagle Road, Meridian, Idaho stated that Mr. Wagoner has explained his
request very well and he doesn't have too much to add other than the Staff Report did not include
that 8.4, 8.5 and 8.6 will also be included in the deferral agreement. 8.3 will come into effect right
away. They request to keep the existing landscaping that is there as long as they can.
Commissioner Doty closed the public testimony.
Introduction of Exhibit PZ-1000. MOTION: Commissioner Vance SECOND: Commissioner Nelson.
Passed: Unanimous roil call vote.
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed. MOTION: Commissioner Vance SECOND: Commissioner
Soriano. Passed: Unanimous roll call vote.
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Nelson SECOND: Commissioner Vance. Passed:
Unanimous roll call vote.
Conclusions of Law. The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Soriano SECOND: Commissioner Nelson
Passed: Unanimous roll call vote.
ORDER OF DECISION FOR SUP-17-06 (Special Use Permit) MOTION: Commissioner Vance that
Case Number SUP-17-06 be approved with the following conditions of approval: 8.2 - 8.7
8.7 being an addition of a deferral agreement for items 8.4 through 8.6
SECOND: Commissioner Soriano. Passed: Unanimous roll call vote.
C. Case Number SUP-18-01: A request by JR Flores and Blue Ring Studio, LLC for a special -use
permit to operate a Tattoo Parlor within the C-2 (Community Commercial) Zone. The subject
property is located at 2402 Cleveland Boulevard (Parcel R3536200000) 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 operate a tattoo
parlor within the C-2 (Community Commercial) zone. Applicant is currently in the Pablo Plaza and
looking to relocate to this building.
Mr. MacDonald presented an arial photo of the location for Commissioners to view.
Mr. Wagoner reviewed the landscape updates the applicant will be required to complete. Staff
recommends that these improvements be implemented over time allowing the applicant to work
r
and save money to make these improvements. Staff would like sidewalks to be constructed and
driveways removed by April 30, 2019 and have the landscaping be completed October 31, 2019.
Commissioner Nelson asked what the repercussions were for the applicant if he did not make these
improvements by the requested time period.
Mr. Wagoner indicated that there is a little bit of risk involved - if the business closes down prior to
completing the updates. However, the repercussion would be that we would revoke the Special Use
Permit and the application would have to cease operation.
Commissioner Vance asked if the applicant was working on the updates but running behind could
he make arrangements to extend the deadline?
Mr. Wagoner indicated yes, definitely, that would be an option.
Mr. Soriano asked about the 5 ft wide sidewalk. Since it is such a heavy traffic area with the College
right there and people may be riding their bicycles, is that width sufficient to accommodate that? Is
there a bike path there?
Mr. Wagoner indicated that typically they do not design sidewalks for bicycle traffic. However,
people will still use them. The recommended mode of travel for bicycles is on the street — on the
shoulder. He believes that there is a shoulder, perhaps even a bike lane, on Cleveland Blvd. Indiana
does not have that. The majority of the frontage is on the boulevard and there is a shoulder there.
Commissioner Doty asked about parking. What is the distance between the front of the building
and the sidewalk?
Mr. Wagoner stated that there is shared parking within the plaza that customers can utilize as well
as providing some parking stalls.
Commissioner Vance asked if there was anything in the agreement requiring them to put in parking
spaces.
Mr. Wagoner said there is not. That is something that they could add as a condition if they felt that
was appropriate.
Commissioner Doty asked if the additional parking was located in front of a different building.
Mr. Wagoner stated the additional parking is facing Cleveland Boulevard and in front of other
businesses.
Mr. J.R Flores, 2408 Cleveland Blvd., Caldwell, Idaho testified that moving to this location is the best
decision for his business and family long term.
Commissioner Vance asked that applicant if all the terms of this agreement were something that is
doable for him.
Mr. Flores answered yes, absolutely.
Commissioner Doty asked the applicant about the parking.
Mr. Flores said he spoke with Pablo about a month ago and he indicated it was totally fine for
everyone to share parking.
r
Ms. Tiyanna Harvey, 580 Cove Road, Weiser, I D 83672 signed up in favor but chose not to speak.
Mr. Fred King 306 Voyage Ave., Caldwell, Idaho signed up in favor but chose not to speak.
Commissioner Doty closed the public testimony.
Introduction of Exhibit PZ-1000 & A14. MOTION: Commissioner Vance SECOND: Commissioner
Soriano. Passed: Unanimous roll call vote.
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed. MOTION: Commissioner Vance SECOND: Commissioner
Soriano. Passed: Unanimous roll call vote.
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Nelson SECOND: Commissioner Vance. Passed:
Unanimous roll call vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Nelson SECOND: Commissioner Vance Passed:
Unanimous roll call vote.
ORDER OF DECISION FOR SUP-18-01 (Special Use Permit) MOTION: Commissioner Vance that
Case Number SUP-18-01 be approved with the following conditions of approval: 8.2 - 8.8. 8.8 is an
additional condition that would include 2 dedicated parking stalls.
SECOND: Commissioner Soriano. Passed: Unanimous roll call vote.
D. Case Number OA-18-01: A request by the Caldwell Planning and Zoning Department to amend
the current Caldwell Zoning Map and Official Comprehensive Plan Map.
Testimony:
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
This is our annual request to adopt an amended zoning map and comprehensive plan map. Mr.
Wagoner reviewed the annexations, zone changes comp plan map changes for 2017 year with the
Commission.
Close the public testimony and accept Exhibit PZ-1000. MOTION: Commissioner Vance
SECOND: Nelson. Passed: Unanimous roll call vote.
RECOMMENDATION FOR OA-18-01 MOTION: Commissioner Soriano that Case Number OA-17-01
be approved. SECOND: Commissioner Nelson. Passed: Unanimous roll call vote.
V. Planning Issues -
A. Training
a. Motions for conclusions of law, Findings of fact - those can have a voice vote,
they do not require roll call vote. Everything except the
Order/Recommendation can be a voice vote. A roll call vote is required on an
Order/Recommendation.
I- r
b. If the Chair can repeat the name of the commissioner who made the motion and
the second then it's on the recording and there is no question. It can he difficult
on the recording to decipher who is saying what.
B. The next regularly scheduled Planning and Zoning Commission hearing is scheduled for
April 20, 2018.
Vl. Adjournment MOTION Commissioner Nelson SECOND: Soriano. Passed: Unanimous vote.
The meeting was adjourned at approximately 7:50 p.m.
MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-POIVIORANSKY ON THE DATE
NOTE12 BELOW:
ATTES
jarom Wab P, Senior Planner
FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING.
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: PZ Zoning Map & Comp Plan
CASE NUMBER: OA-18-01
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a
Recommendation
Planning & Zoning Commission
City of Caldwell, Idaho
Public Hearing Held February 13, 2018
SUBJECT: Staff Report - Case No. OA-18-01 (2017 Zoning Map and Comprehensive Plan Map)
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II GENERAL FACTS
III TESTIMONY
IV APPLICABLE LEGAL STANDARDS
V RECOMMENDATION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application OA-
17-01 to be held before the Caldwell Planning and Zoning Commission on February 13, 2018. Public
notice requirements set forth in Idaho Code, Title 67, Chapter 65, Local Planning Act, were met. On
or before January 28, 2018 notice was published in the Idaho Press Tribune.
1.2 Files and exhibits relative to this application are available for review in the Planning and Zoning
Department and at applicable public hearings.
II GENERAL FACTS
2.1 APPLICANT: Caldwell Planning and Zoning Department, 621 Cleveland Boulevard, Caldwell, Idaho,
83605.
2.2 REQUEST: To adopt an amended zoning map that supersedes and replaces the zoning map adopted
by Caldwell City Council on February 21, 2017 (Ordinance No. 3082). The new map includes all
rezones, annexations and de -annexations that occurred between January 1, 2017 and December 31,
2017. The zone boundary changes during this period were approved by City Council at respective
public hearings held pursuant to the requirements of Idaho Code, Title 67, Chapter 65, Local
Planning Act.
Also requested is to adopt an amended comprehensive plan map that supersedes and replaces the
comprehensive plan map adopted by Caldwell City Council on February 21, 2017. The new map
includes all comprehensive plan map changes that occurred between January 1, 2017 and
December 31, 2017. The comprehensive plan map changes during this period were approved by
City Council at respective public hearings held pursuant to the requirements of Idaho Code, Title
67, Chapter 65, Local Planning Act.
Case No. OA-18-01 (2017 Zoning Map and Comprehensive Plan Map) Page 1 of 3
P&Z Recommendation
2.3 ZONE AND COMPREHENSIVE PLAN MAP UPDATE PURPOSE: The City last adopted an official zone
map on February 21, 2017. The intent in adopting the new zoning map is to keep the official map
updated and readopted on an annual basis. The request to amend the zone map at this time is in
keeping with the intent to adopt a new zone map annually.
The City last adopted an official Comprehensive Plan Map on February 21, 2017. The intent in
adopting the new comprehensive plan map is to keep the official map updated and readopted on an
annual basis. The request to amend the comprehensive plan map at this time is in keeping with the
intent to adopt a new comprehensive plan map annually.
2.4 ANNEXATIONS, DE -ANNEXATIONS. ZONE CHANGES AND COMPREHENSIVE PLAN MAP CHANGES:
ANNEXATIONS: The following zone boundary changes, occurring from annexations, were
alDDroved durinie the vear 2017 and are included in the amended zonine mar):
Case
Ordinance
Date of Ordinance
Name
Number
Number
Zone
Recordation
Acreage
Rodney Mack
ANN-16-07
3079
R-1
January 18, 2017
2.06
Joshua Dodson
ANN-17-01
3118
R-1
December 16, 2017
1.0
Providence
ANN-17-02
3089
R-2
May 16, 2017
4.54
Properties, LLC
Caldwell Urban
ANN-17-03
3091
M-1
July 18, 2017
22.09
Renewal Agency
TOTAL ANNEXED
29.69
DE -ANNEXATIONS: None.
ZONE CHANGES: The fo lowing zones changes were approved during the year 2017:
Name
Case Number
Ordinance
Zone
Date of Ordinance
Acreage
Number
Recordation
acksons Food Store
ZON-16-07
3080
C-2
February 23, 2017
0.5
Bob Unger
ZON-17-01
3088
R-3
May 16, 2017
8.1
Caldwell Urban
Renewal Agency
ZON-17-02
3092
M-1
July 18, 2017
38.56
MTP Acquisitions
ZON-17-04
3098
C-3
August 9, 2017
3.23
Las Brisas, LLC
ZON-17-05
3100
C-2
September 7, 2017
4.86
Superior Signs/City
ZON-17-06
3107
C-3
October 18, 2017
1.63
of Caldwell
Brett Bauscher
ZON-17-07
3112
C-2
Nov. 21, 2017
0.4
TOTAL REZONED
57.28
COMPREHENSIVE PLAN MAP CHANGES: The following comprehensive plan map changes were
approved duriniz the vear 2017:
Name
Case Number
Comp. Plan Map Designation
Acreage
Caldwell Urban
Renewal Agency
ZON-17-02
Light Industrial
40
MTP Acquisitions
ZON-17-04
Commercial
3.23
TOTAL ACREAGE
43.23
III PUBLIC TESTIMONY
Case No. OA-18-01(2017 Zoning Map and Comprehensive Plan Map) Page 2 of 3
P&Z Recommendation
3.1 TESTIMONY BEFORE THE PLANNING & ZONING COMMISSION, FEBRUARY 13, 2018
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff
report. This is our annual request to adopt an amended zoning map and comprehensive plan
map. Mr. Wagoner reviewed the annexations, zone changes comp plan map changes for 2017
year with the Commission.
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 RECOMMENDATION
5.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning
Commission hereby recommends to the Mayor and City Council that Case No. OA-18-01, a request
by the Planning and Zoning Department to amend the official zoning map as adopted by the City
Council on February 21, 2017 and to amend the official comprehensive plan map as adopted by the
City Council on February 21, 2017 be approved.
Case Number OA-18-01 was heard by the Caldwell Planning & Zoning Commission at a public hearing
held February 13th, 2018.
The Findings of Fact, Conclusions of Law, and Recommendation were administratively approved and
signed by the Planning & Zoning Chairman on the date noted below.
T4'ty-Po &
ns-ky, Chairman
ATTEST:
'� Avu-�t/)O/b
Date Jaro er, AICP
Senior Planner
Case No. OA-18-01(2017 Zoning Map and Comprehensive Plan Map) Page 3 of 3
P&Z Recommendation