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Home My WebLink AboutSUP22-000020 LowKey Mini Storage HE ODOrder of Decision by the Caldwell Hearing Examiner City of Caldwell, Idaho Public Hearing Held October 27, 2022 Subject: Case No. SUP22-000020 (LowKey Mini Storage) Parcel: R04041 & R0403 Planner: Alex Jones, Associate Planner ajones@cityofcaldwell.org The following Land Use Action is the primary feature of this application: Special-Use-Permit request for a traditional mini storage facility with approximately 419 units on 3.89 acres located at 2813 S INDIANA AVE on Parcels R04041 & R0403. The subject property is zoned C-2 (Community Commercial). TABLE OF CONTENTS: I COURSE OF PROCEEDINGS II GENERAL FACTS III PUBLIC 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 SUP22-000020 to be held before the Caldwell Hearing Examiner on October 27, 2022. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On, or before, October 9, 2022, notice was published in the Idaho Press Tribune, and on, or before, October 7, 2022, 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, October 15, 2022 notice was posted on the site. 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: Clint Walker, 8701 Kingston Way Middleton ID 83644 2.2 PROPERTY OWNER: Strikwerda Greg and Tamara Family Trust, 16770 Boehner Rd, Caldwell ID, 83605 2.2 ZONE DESIGNATION: The subject property is zoned C-2 (Community Commercial). 2.4 REQUEST: The applicant is requesting special use permit approval for a traditional mini storage facility with approximately 419 units. The property is located at 2813 S INDIANA AVE, parcels R04041 & R0403. The parcel consists of 3.89 acres and is zoned C-2 (Community Commercial). 2.5 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: The Caldwell Comprehensive Plan Map designation for the site is Business. Business— this category includes land that is suitable for retail, light service, professional offices, small scale shopping center and professional businesses. Business uses should have frontage on or be within close proximity to a collector or arterial roadway and can be reasonably placed near a residential neighborhood. Land Use: The subject property is zoned C-2 (Community Commercial), and is surrounded by the following land uses: Direction Zone Comprehensive Map Use Site C-2 Low Density Residential Residential North R-2 Medium Density Residential Residential South R-2 Medium Density Residential Residential East R-2 Medium Density Residential Residential West R-2 Medium Density Residential Residential 2.6 Transportation/Connectivity: The subject property has frontage on S Indiana Ave, a Minor Arterial. 2.7 Public Services, Utilities and Facilities: The engineering department, fire marshal, building department, code enforcement, economic development, mapping department, pioneer irrigation, Idaho power, intermountain gas, and USPS were all sent a request for comment on September 15, 2022. 2.8 Background: A request for a Traditional Mini Storage Facility in the C-2 (Community Commercial) zone: This property received an SUP in 2006 to be a mini storage, SUP has expired. The applicant would like to build a traditional mini storage with approximately 419 units. The property is surrounded by single-family homes, the developer would put solid vinyl fencing around the property. MINISTORAGE, TRADITIONAL: A facility containing individual, secured, and private storage spaces of varying sizes available for lease or rent for varying periods of time. These types of facilities generally contain multiple single-story buildings with mostly drive-up units which have natural ventilation but are not climate-controlled and may also contain areas for the storage of RVs or other type vehicles. III PUBLIC TESTIMONY 3.1 Before the Hearing Examiner, October 27, 2022 IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell Zoning Ordinance No. 1451, as amended City of Caldwell Comprehensive Plan, as amended 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 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. Policy 1-2: Identify potential takings of private property prior to a regulatory or administrative action on specific property. 5.2 The request was not found to be inconsistent with any of the Comprehensive Plan Components. All adopted city ordinances, standards and codes were used in evaluating the application. VI FINDINGS OF FACT 6.1 The Caldwell Hearing Examiner 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 Hearing Examiner 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 Hearing Examiner hereby orders that Case Number SUP22-000020, a request by Clint Walker for a special use permit to build a traditional mini storage facility located at 2813 S Indiana Ave on parcel R04041 & R0403, in an C-2 (Community Commercial) zone is approved with the following conditions of approval: 8.2 Comply with the all applicable city codes, ordinances, policies, and standards. 8.3 All requirements from the Fire Department for access, turnarounds, emergency access, water supply, fire hydrants, etc. shall be met in the development and/or platting of the subject property. Final approval of the location and number of fire hydrants within the development shall be determined by the Fire Marshal and take place by phase at the time of submittal of applicable construction drawings for each phase. 8.4 Comply with the Caldwell Landscape Ordinance. 8.5 Comply with all requirements of the Engineering Department as shown in “Exhibit PA-1” dated October 13, 2022. 8.6 Within twelve (12) months of the date of signature of the Order of Decision of the approved Special Use Permit, a building permit application shall be submitted for the special use otherwise the Special Use Permit shall become null and void. 8.7 Comply with the City of Caldwell Parking Ordinance. 8.8 Exterior lighting should not exceed the height of the eaves of structures. 8.9 No clients shall be admitted after 8pm and the property should be cleared of people by 9 pm. Operating hours are 7am to 8pm 8.10 Development shall meet Noise Ordinance code. 8.11 The use is strictly for storage use. 8.12 The approved site plan is exhibit A-3 (3-12-2022) Case Number SUP22-000020 was heard by the Caldwell Hearing Examiner at a public hearing held October 27, 2022. The Findings of Fact, Conclusions of Law, and Order of Decision were administratively approved and signed by the Caldwell Hearing Examiner on the date noted below. ______________________________________ Hearing Examiner ATTEST: __________________________ Date Alex Jones, Associate Planer EXHIBIT “A-2” Narrative / EXHIBIT “A-3” 3-12-2022 Site Plan / EXHIBIT “A-4” Vicinity Map / EXHIBIT “A-8” Landscape Plan / EXHIBIT “PA-1” / / / / Exhibit PA-2 Fire Comments / /