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Home My WebLink AboutAMD 22 05 Signage Appeal CCSR (2)Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 1 of 18 City Council Staff Report Before the Mayor and City Council City of Caldwell, Idaho Public Hearing held November 15, 2022 Subject: Case No. AMD-22- 05 Canyon Crossing Storage Signage Appeal The following Land Use Action is the primary feature of this application:  Request for an appeal of the Hearing Examiner’s conditions of approval for SUP22-000006 which limited the square footage of the electronic reader board to 48 square feet. 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 AMD-22-05 to be held before the Caldwell City Council on November 15, 2022. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On, or before, October 30, 2022, notice was published in the Idaho Press Tribune, and on, or before, October 28, 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, November 3, 2022 notice was posted on the site. 1.4 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 APPLICANTS: David Baker, Aim Signs, 1976 S. Century Way, Boise ID, 83709 Dave@aimsign.com 2.2 OWNER: MTP ACQUISTION, 520 FLORIDA LLC, 3605 ARTHUR ST, Caldwell ID, 83605 2.4 REQUEST: A request by David Baker of Aim Sign on behalf of Canyon Crossing Storage, for an appeal of the Hearing Examiner’s conditions of approval for SUP22-000006 which limited the square footage of the electronic reader board to 48 square feet. The applicant is requesting City Council approve amending the condition of approval to allow for the installation of a 98 square foot electronic reader board on a 40 foot pylon sign in the C-3 (Service Commercial) zone. Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 2 of 18 City Council Staff Report 2.5 BACKGROUND: SUP22-000006 was an application for an increase in the allowed electronic reader board size from 48 square feet to 98 square feet. During the Hearing of SUP22-000006 the planner assigned to the case was not present and the application was not presented as it should have been. The focus of the hearing was on the size and height of the sign itself not the reader board. The Hearing Examiner approved the SUP with the added condition “8.7 The sign applied for and the cited exhibits will be allowed but the reader board itself will be at the allowed dimension of 48 square feet”. The SUP was for an enlarged electronic reader board, the added condition is essentially a denial of the SUP. The applicant would like to have this condition removed to make the approval a true approval. III PUBLIC TESTIMONY 3.1 Before the Mayor and City Council, November 15, 2022: 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 City Council accepts that a Comprehensive Plan analysis is not required. All adopted city ordinances, standards and codes were used in evaluating the application. VI FINDINGS OF FACT 6.1 The Caldwell City Council 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. VII CONCLUSIONS OF LAW 7.1 The Caldwell City Council 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 City Council orders that the request by David Baker to appeal condition 8.7 of SUP22-000006 to allow the electronic reader board be 98 square feet be approved/denied. Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 3 of 18 City Council Staff Report THE APPEAL FOR CASE NO. AMD-22-05 WAS HEARD BY THE CITY COUNCIL AT A PUBLIC HEARINGS HELD OCTOBER 20, 2022. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DECISION WERE APPROVED BY CITY COUNCIL MEMBERS AND SIGNED BY THE MAYOR AT A REGULARLY SCHEDULED MEETING HELD NOVEMBER 15, 2022. ______________________________________ Jarom Wagoner, Mayor ATTEST: __________________________ __________________________ Debbie Geyer, City Clerk Date Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 4 of 18 City Council Staff Report EXHIBIT A-10 Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 5 of 18 City Council Staff Report EXHIBIT A2 Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 6 of 18 City Council Staff Report SUP22-000006 Order of Decision Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 7 of 18 City Council Staff Report Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 8 of 18 City Council Staff Report Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 9 of 18 City Council Staff Report Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 10 of 18 City Council Staff Report Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 11 of 18 City Council Staff Report Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 12 of 18 City Council Staff Report Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 13 of 18 City Council Staff Report Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 14 of 18 City Council Staff Report Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 15 of 18 City Council Staff Report Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 16 of 18 City Council Staff Report Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 17 of 18 City Council Staff Report Case No. AMD 21 02 McCain Foods DA 2019046508 Termination Page 18 of 18 City Council Staff Report