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Caldwell Planning & Zoning Commission Regular Meeting
Tuesday, December 10, 2019, 7:00 p.m.
AGENDA
Call to Order
Review of Proceedings
Roll Call
I. CONSENT CALENDAR:
1) ACTION ITEM: Approve the minutes of the October 8, 2019 meeting as previously signed by
Vice -Chair Dana Vance and the October 14, 2019 meeting as previously signed by Chair Ed
Doty-Pomoransky.
H. NEW BUSINESS:
1) ACTION ITEM. Case Number APP-19-05: A request by J.R. Flores to amend Condition of
Approval 8.6 of Case File # SUP-18-01 regarding the requirement of a landscape buffer along
Cleveland Boulevard. The subject property is located at 2402 Cleveland Boulevard (Parcel
R3536200000), in Caldwell, Idaho.
2) ACTION ITEM. Case Number OA-19-07: A request by the City of Caldwell to amend
portions of Chapter 10, the Zoning Ordinance, of City Code.
3) ACTION ITEM. Case Number OA-19-08: A request by the City of Caldwell Planning and
Zoning Department to repeal and replace Chapter 10, Article 8, Section 10-08-01 through 10-08-
05, the Zoning Ordinance, of City Code.
4) ACTION ITEM. Case Number OA-19-09: A request by the City of Caldwell Planning and
Zoning Department to amend a portion of Chapter 10, Article 02, Section 10-02-07 of 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, February tl 2020 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.cityotcaldwcll.com. Cualquier persona necesitando comodidades especiales para participar
en la reuni6n debe contactar al [as oficinas de la Ciudad o llame a 208-455.3021 antes de la reuni6n.
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Recommendation by the Planning and Zoning Decision
City of Caldwell, Idaho
Public Hearing Held December 10, 2019
SUBJECT: Staff Report Case No. OA-19-09 [Chapter 10, Fencing - Historic District]
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II GENERAL FACTS
III TESTIMONY
IV APPLICABLE LEGAL STANDARDS
V RECOMMENDATION
COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application OA-
19-09 to be held before the Caldwell Planning and Zoning Commission on December 10, 2019.
Public notice requirements set forth in Idaho Code, Title 67, Chapter 65, Local Planning Act, were
met. On or before November 18, 2019 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, 621 Cleveland Boulevard, Caldwell and at applicable public hearings.
11 GENERAL FACTS
2.1 APPLICANT: Caldwell Planning and Zoning Department, 621 Cleveland Boulevard, Caldwell, Idaho,
83605.
2.2 REQUEST: a request by the Planning and Zoning Department to amend Chapter 10, Article 2, Section
10-02-07 of the Caldwell City Code, pertaining to fencing regulations.
2.3 TEXT CHANGE CONSIDERATION: The purpose of this request is to clarify requirements regarding
fence construction.
2.4 BACKGROUND:
This ordinance makes a slight change to the fencing requirements within the Steunenberg Historic
District. At this time, city code has certain special requirements for fence construction within the
Historic District to help maintain the appropriate feel of the district as a whole. However, the
current regulations do not contain provisions controlling which "side" of a fence must be external
to the property, i.e. facing out from the property. Certain fences, such as wrought iron fences and
some picket -style fences, have the same appearance from both sides of the fence. Other fences have
all of their support structure on one side of the fence, and have a clean, finished appearance on the
other side. This ordinance requires that, for those fences that have a different appearance on either
side, that the clean, finished side face toward the exterior of the property.
Case No. OA-19-09 (Chapter 10, Fencing — Historic District) Page 1 of 2
Recommendation by PZ
CITY OF CALDWELL
CALDWELL PLANNING AND ZONING COMMISSION MINUTES
Community Room, Caldwell Police Department
110 South 5th Avenue, Caldwell, Idaho
December 10, 2019, 7:00 P.M.
Call to Order .. Chair Ed Doty-Pomoransky called the meeting to order at 7:05 p.m.
Review of Proceedings -
Roll Call
Members Present: Ed Doty-Pomoransky, Betsy Hunsicker, Roger Page, Dana Vance
Members Absent: Jim Nelson
Staff Present: Lori Colligan, Administrative Secretary, Jerome Mapp, Director
Staff Absent: Jarom Wagoner, Senior Planner/Development Team Leader; Robb
MacDonald, City Engineer
Others Present: Doug Waterman, Attorney
Old Business:
1. Approve minutes of the October 8, 2019 regular meeting as previously signed by Vice -Chair
Vance.
MOTION: Commissioner Page. SECOND: Commissioner Hunsicker. Passed: Unanimous r 1� 1 call
vote.
2. Approve minutes of the October 14, 2019, special meeting as previously signed by Chair Doty-
Pomoransky.
MOTION: Commissioner Page. SECOND: Commissioner Hunsicker. Passed: Unanimous roll call
vote.
New Business:
1. Case Number APP-19-05: A request by J.R. Flores to amend Condition of Approval 8.6 of
Case File # SUP-18-01 regarding the requirement of a landscape buffer along Cleveland Boulevard.
The subject property is located at 2402 Cleveland Boulevard (Parcel R3536200000), in Caldwell,
Idaho.
Testimony:
Jerome Mapp, 621 Cleveland Blvd., Caldwell, ID 83605, Director, presented the staff report. Mr.
Mapp stated the applicant is requesting to amend Condition of Approval 8.6 to eliminate the
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required landscaping along Cleveland Boulevard.
for the site.
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This is due to the limit space and limited parking
The applicant's concern is landscaping will take away from his parking spaces.
Commissioner Vance asked if the section scheduled to be closed was scheduled to be closed when
they made their original decision.
Mr. Mapp said yes.
Commissioner Vance asked if he does do landscaping how many spaces will he lose.
Mr. Mapp will have the applicant answer that.
Commissioner Doty stated when they originally made this decision they discussed in great length
and that area was not originally going to be a parking area and it wasn't going to be a problem. He
realizes 10 It wide is pretty wide but is there a precedent?
Mr. Mapp stated they do like to see a landscape buffer of 10 feet. The Commission can consider
changing that to 5 ft. or possibly 8 ft.
J.R. Flores, 2402 Cleveland Blvd, Caldwell, ID, stated that when he was originally here he was able to
share parking with the building next door. Since that time someone else has purchased the
property and they will no longer allow his clients to use that parking area. He understands that and
he met with Jarom several times and they came to an agreement that he would curb, gutter and
sidewalk the red area (map). He was under the impression he was good to go. If he goes ahead
with this it will change his parking from 3-5 to maybe 1 or 2.
Commissioner Doty confirmed that if he were to park behind the building how many parking spots
would he have?
Mr. Flores said 2.
Commissioner Page asked if the landscaping area was gone to the North and how does the
landscape area make a difference.
Mr. Flores stated the landscaping would be pushed in another 10 to 15 feet.
Commissioner Hunsicker asked if he could access the property from Indiana.
Mr. Flores said no, he already did curb, gutter and sidewalk there.
Mr. Mapp stated he met with Mr. Flores yesterday. The deadline has passed and he suggests he
meet with Mr. Flores and draw up a site plan and provide options and come back to the Commission
in February.
Greg Wilson, 24041~. Cleveland Blvd.,, Caldwell, Idaho stated he bought the property in June of last
year. When they bought the property they did not know about the landscaping requirements. The
first concern/obstacle is water. He met with Jarom on his property site and they couldn't come up
with anything. If they did any beautification they would lose most of the parking spots. There are a
lot of concerns for him and his wife and Mr. Flores as well.
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Planning and Zoning Minutes
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Commissioner Hunsicker asked if it was an easement.
Mr. Wilson was not sure.
Doug stated that was all City right-of-way.
Commissioner Hunsicker asked if you can have parking spaces on city right-of-way.
Mr. Mapp said that is the main question. He suggested that both property owners meet with him
and iron it all out.
Motion to defer to February 11, 2019 meeting. MOTION: Hunsicker. SECOND: Vance
2. Case Number OA-19-07: A request by the City of Caldwell to amend portions of Chapter
10, the Zoning Ordinance, of City Code.
Testimony:
Douglas Waterman, Attorney, presented the staff report. Mr. Waterman stated this is a proposal
from the City of Caldwell's Planning and Zoning Department to amend Chapter 10, Article 02,
Section 10-02-01, at Subsection (4), related to Business Permits of City Code. The purpose of this
request is to clarify certain requirements relating to mobile food units and other temporary uses,
and to consolidate provisions relating to business permits.
RECOMMENDATION FOR OA-19-07 (Ordinance Amendment) MOTION: Commissioner
Hunsicker that Case Number OA-19-07 be approved. 8.2 SECOND: Commissioner Page. Passed:
Unanimous voice vote.
3. Case Number OA-19-09: A request by the City of Caldwell Planning and Zoning Department
to amend a Chapter 10, Article 2, Section 10-02-07 of the Caldwell City Code, pertaining to fencing
regulations.
Testimony:
Doug Waterman, City Attorney, presented the staff report. The purpose of this request is to clarify
requirements regarding fence construction in the Steunenberg Historic District. The current
regulations do not contain provisions controlling which "side" of a fence must be external to the
property, i.e. facing out from the property.
RECOMMENDATION FOR OA-19-09 (Ordinance Amendment) MOTION: Commissioner
Hunsicker that Case Number OA-19-09 be approved. SECOND: Commissioner Page.
4. Case Number OA-19-08: A request by the City of Caldwell Planning and Zoning
Department to repeal and replace Chapter 10, Article 8, Section 10-08-01 through 10-08-05, the
Zoning Ordinance, of City Code.
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Planning and Zoning Minutes
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Testimony;
Jerome Mapp, 621 Cleveland Blvd., Caldwell, ID 83605, Director, presented the staff report. Mr.
Mapp stated this is a proposal from the City of Caldwell's Planning and Zoning Department to repeal
and replace Chapter 10, Article 08, Sections 10-08-01 through 10-08-05.
Brian Billingsley hired Mary Jane Marlow and she was tasked to update the Tree Ordinance. City
Council reviewed the ordinance at a workshop in August. It is now in front of the Commission for
recommendation for approval. The work she did was very detailed. Mary Jane is an arborist and
does a lot of landscaping work with cities throughout Idaho and other areas.
Commissioner Vance asked if this was a completely new ordinance that has never been in code
before.
Mr. Mapp said no, we've had it before. The existing ordinance will be repealed and this will replace
it.
Commissioner Vance asked if there was a side by side where you could see what was changing. She
also asked if there were any significant changes since they didn't have the other one in front of
them.
Mr. Mapp said one of the things in regard to trees is they list every tree within the original
document. The tree guideline changed that. It is a guideline not an ordinance.
Commissioner Doty has a question about the wording on the nuisance abatement. (10-8-10). In the
past the city policy was the owner of a property who the tree hangs over onto their property, it was
their responsibility to cut it. They were able to cut back to the property line. But the way he's
reading this new one it's now the property owner's responsibility to pay for it and any clean up.
Commissioner Hunsicker stated it defines nuisances. Nuisances are eminent danger or a sick tree.
Commissioner Doty said that's what he's getting at, "nuisance" needs to be explained further so that
a disgruntled person could not force someone.
Mr. Mapp said the question is what is a public nuisance. It states if it is determined at a threat.
Mr. Waterman stated that the definition is defined and further defined in 10-8-03 in the definition
section. It is consistent with what we typically think is a nuisance. Which is something that is
causing a danger or a threat to the general public. In general, the city is only getting involved in
nuisances that are harmful to the public and not conflicts between two private property owners.
The way it is written it would be up to city staff to determine if that rises to the level of nuisance. In
the portion of the ordinance that talks specifically about nuisances (10-08-09-1) it's talking as you
would expect about the safety of the general public.
Mr. Mapp stated under that section you would have the opportunity to appeal. It's not written if
someone says that want a tree removed it would automatically be removed, it would have to go
through a process.
Mr. Waterman stated the phrase "or his/her authorized designee" is used somewhat commonly in
planning and zoning code. It means someone internal to the department if the director is away, so it
would not be a member of the public.
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Commissioner Vance asked about the description describing a tree as a . public" tree, almost all
landscaping done in all the businesses throughout town are all in the right -of way, does that make
them all "public" trees.
Mr. Waterman stated the definition is internal definition for purpose of the ordinance. It's not
saying that the ownership of the tree is hereby transferred to the public. The tree would still belong
to the owner of the property.
Commissioner Vance said in 10-8-12 says you can't prune your tree it has to be done by a private
tree service that is licensed and certified.
Mr. Waterman said it is unlawful to do all those things "for a fee" without being licensed. It's saying
you can't be in the landscaping business for public trees unless you're licensed. If you're a private
owner of a public tree then you can prune away. You are not required to be licensed because you
are not doing it for a fee. You are not engaged in the business of landscaping.
Commissioner Vance asked if she could have her landscaping guy that mows my lawn also trim her
shrubs. She is talking about the landscaping buffer that every business is required to have. She is
asking if this says, that as a property owner, she can't have that done.
Mr. Mapp stated if you look at 10-8-11 which discusses topping of trees, he thinks that is saying that
is what it is trying to prevent. There is an ordinance that deals with that situation.
Mr. Waterman said an arborist certification is required of somebody doing work on a public tree. It
doesn't have to be every member of a landscaping team. It looks likes the certificate costs $200 to
obtain and requires passing a test and it looks like it can be done online.
Commissioner Vance said she could probably sign on to that but she said the topic of pruning is
vague.
Commissioner Doty said his understanding of that conversation is a homeowner is not going to get
into trouble for taking care of that tree between the sidewalk and the curb.
Mr. Mapp said if you have trees that overhang on the sidewalk and you don't trim the tree it could
be a hazard to someone walking down the street. And if you trim it, the tree police is not going to
come arrest you for trimming your tree. This ordinance is dealing with trees in the right-of-way.
Mr. Waterman stated while there are some modifications these requirements already exist in our
code. If this change does not occur, come next spring, if someone is doing tree trimming without an
arborist certificate they will be breaking the law just as much as they will be if this code is passed.
This is not a new requirement.
RECOMMENDATION FOR OA-19-00 [Ordinance Amendment] MOTION: Commissioner
Hunsicker that Case Number OA-19-08 be approved. SECOND: Commissioner Page. The motion to
approve was denied, with a majority voting against: Vance, Page, Doty and one voting in favor:
Hunsicker. Roll -call vate. DENIED.
V. Planning Issues -
A. Next Planning and Zoning Commission Scheduled Public Meeting Date:
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Planning and Zoning Minutes
February 11, 2.U20.
VI1. Adjournment MOTION: Commissioner Vance. SECOND: Commissioner Page.
The meeting was adjourned at approximately 8:30 p.m.
MINUTES APPROVED AND SIGNED BY COMMISSIONER ED DOTY-POMORANSKY ON THE DATE
FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING.
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Recommendation by the Planning and Zoning Decision
City of Caldwell, Idaho
Public Hearing Held December 10, 2019
SUBJECT: Staff Report Case No. OA-19-09 (Chapter 10, Fencing - Historic District)
TABLE OF CONTENTS:
1 COURSE OF PROCEEDINGS
11 GENERAL FACTS
Ili TESTIMONY
IV APPLICABLE LEGAL STANDARDS
V RECOMMENDATION
1 COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application OA-
19-09 to be held before the Caldwell Planning and Zoning Commission on December 10, 2019.
Public notice requirements set forth in Idaho Code, Title 67, Chapter 65, Local Planning Act, were
met. On or before November 18, 2019 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, 621 Cleveland Boulevard, Caldwell 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: a request by the Planning and Zoning Department to amend Chapter 10, Article 2, Section
10-02-07 of the Caldwell City Code, pertaining to fencing regulations.
2.3 TEXT CHANGE CONSIDERATION: The purpose of this request is to clarify requirements regarding
fence construction.
2.4 BACKGROUND:
This ordinance makes a slight change to the fencing requirements within the Steunenberg Historic
District. At this time, city code has certain special requirements for fence construction within the
Historic District to help maintain the appropriate feel of the district as a whole. However, the
current regulations do not contain provisions controlling which "side" of a fence must be external
to the property, i.e. facing out from the property. Certain fences, such as wrought iron fences and
some picket -style fences, have the same appearance from both sides of the fence. Other fences have
all of their support structure on one side of the fence, and have a clean, finished appearance on the
other side. This ordinance requires that, for those fences that have a different appearance on either
side, that the clean, finished side face toward the exterior of the property.
Case No. OA-19-09 (Chapter 10, Fencing — Historic District)
Recommendation by PZ
Page 1 of 2
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III PUBLIC TESTIMONY
3.1 TESTIMONY BEFORE THE PLANNING & ZONING COMMISSION, December 10, 2019
Doug Waterman, City Attorney, presented the staff report. The purpose of this request is to clarify
requirements regarding fence construction in the Steunenberg Historic District. The current
regulations do not contain provisions controlling which "side" of a fence must be external to the
property, i.e. facing out from the property.
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 testimony, the Caldwell Planning & Zoning Commission hereby recommends to the
Caldwell City Council that Case No. OA-19-09 a request by the City of Caldwell Planning and Zoning
Department to amend Chapter 10, Article 2, Section 10-02-07 of the Caldwell City Code, pertaining
to fencing regulations, is approved.
Case Number OA-19-09 was heard by the Caldwell Planning & Zoning Commission at a public hearing held
December 10, 2019.
The Findings of Fact, Conclusions of Law, and Recommendation were administratively approved and signed
by the Planning & Zoni ,_Chairman on the date noted below.
ty-Pomgran�ky, Chairman
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Date
Case No. OA-19-09 (Chapter 10, Fencing — Historic District)
Recommendation by PZ
Page 2 of 2
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