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HomeMy WebLinkAbout05 Hearing Examiner PLANNING AND ZONING/HEARING EXAMINER ITEM DATE SUBMITTED BY PZ-1 AGENDA L l S PZ-2 MINUTES -)2, (0" Z,.,I - �`I (� PZ-3 SIGN-UP SHEET(S) Pz- ©`C>c7 A P � ° d � , Ph: 208.455.3000 �r ' Fax: 208.4y5.3003 a, ., ;, 1 j www.cityofcaldwell.com lb ) ( i% The Tread/WC o/'hie li/lets Caldwell Hearing Examiner agenda for Public Hearing on Tuesday, March 10, 2015 at 7:00 p.m., CALDWELLMAYOR in the Community Room of the Caldwell Police Department at 110 South 5th Avenue, Caldwell, Garret Nanwlas Idaho. Crrt CLERK AGENDA Debbie Geyer I. Call to Order II. Review of Proceedings For all toftltrem Ill. Old Business m coatltkr.` at Approve the Minutes of the January 13, 2015 meeting. wlkw..atko alst;.•ai_som IV. New Business Case Number SUP-15-01 a request by Guadalupe Rivas for a special-use permit to construct a duplex within the R-1 (Low Density Residential)Zone. The subject property is located approximately 150 feet west of the intersection of Oak Street and fr.kNNING&`£ta's1\t; Airport Avenue in Caldwell, Idaho. AM•(MME'r Case Number SUP-15-03 a request by Gem State Bail, LLC for a special-use permit 1 t�lereland B1 tI to operate a Bail Bonds facility within the C-C (City Center)Zoning District. The '1o... , ,_° -' ° '' subject property is located at 1002 Blaine Street in Caldwell, Idaho. Case Number SUP-15-04 a request by B and H Companies LLC for a special-use permit to construct two off-premise signs (billboards)within the M-1 (Light Industrial) Zone. The subject property is located at the southwest corner of Linden Street and Aviation Way in Caldwell, Idaho. Case Number SUP-15-02 a request by Jake Rodriguez for a special-use permit to operate an automotive mechanic shop within the C-2 (Community Commercial)Zoning District. The subject property is located at 5401 S. Lake Avenue in Caldwell, Idaho. Case Number ANN-15-02 a request by Idaho Conference of Seventh-day Adventists, Inc. for annexation of approximately 42 acres, more or less, into the City of Caldwell. The applicant is requesting a zoning designation of H-C (Highway Corridor). The site is located at 14702 Karcher Road in Caldwell, Idaho. Case Number ANN-15-01 a request by the City of Caldwell to annex 2 parcels totaling approximately 8.3 acres, more or less, into the City of Caldwell. The applicant is requesting a zoning designation of R-1 (Low Density Residential). The sites are located at 811 & 813 W. Plymouth Street in Caldwell, Idaho. V. Next Hearing Examiner Public Meeting Date: Tuesday, May 12, 2015, at 7:00 p.m. VI. Adjourn SUGGESTIONS FOR TESTIFYING AT PUBLIC HEARINGS 1. Remember your objective...lt 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 to your presentation. 2. Show your strength...Many neighborhood groups have organized their testimony by having one or a few people speak on behalf of the group.The leader 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...Public 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 stories,lectures or philosophy,abstract complaints about generalities,or redundant testimony are usually a poor use of time. 4. State your recommendation. 5. Be informed.... Get a copy of the plan being heard, the staff report, the proposed ordinance,or other pertinent material.Then read it 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 fnd the best course for the overall public good.While.Be prepared to compromise. Any person needing special accommodations to participate in the meeting should contact the City Office at(208)455-4667 prior to the meeting. Cualquier persona neces!tando comodidades especiales para particlpar en la reunion debe contactar al!as offcinas de la Ciudad o!lame a!2081 455-4667 antes de is reunidn t u►wEQ 100 BEST iio1 �KeSEA. ' COMMUNITIES O ..I MERRhGE ! CITY ..k, I\(,,M AMERICA 'y ,,�u'� City Hall • 411 Blaine Street • P.O. Box 1 179 • Caldwell, Idaho 83606 • 208.455.3000 p 2 / -r,LDWELL HEARING EXAMINER MINUTES — March 10, 2015 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 the public hearing. Members Present: Jarom Wagoner (Senior Planner/Development Team Leader); Brian Billingsley (Planning Director); April Cabello (Planning Technician) and Robb MacDonald (City Engineer). Members Absent: None. Ill. Old Business: A. Mr. Mapp approved the Minutes of the January 13, 2015 meeting as previously signed by Hearing Examiner Mapp. IV. New Business: A. Case Number SUP-15-01 a request by Guadalupe Rivas for a special-use permit to construct a duplex within the R-1 (Low Density Residential) Zone. The subject property is located approximately 150 feet west of the intersection of Oak Street and Airport Avenue in Caldwell, Idaho. Testimony: 1. Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report. 2. Mr. Wagoner stated that the applicant is requesting special use permit approval to construct a duplex within the R-1 (Low Density Residential) Zone and gave the surrounding zones and uses. 3. Mr. Wagoner stated that staff recommends approval with conditions as listed on the staff report. 4. Eduardo Rivas, Applicant, 874 W Trine Loop, Nampa, ID 83686 gave supporting testimony and stated they would like to build a 1,500 square foot duplex and that they own a triplex to the east and to the north of the subject property. 5. Mr. Rivas further explained that the duplex will have 750 square feet units with two bedrooms and one bathroom and that parking access will be through the current curbing and cut. 6. Mr. Mapp wondered if the applicant was aware of the current setbacks and lighting. 7. Mr. Rivas responded yes they have the current setback requirements and the lighting will be in the parking lot only and will not shine out. 8. Mr. Rivas also shared they will put in trees and landscaping; installing a low gallon usage sprinkler system. 9. Mr. Guadalupe J. Rivas signed in favor of the application but did not wish to speak. Hearing Examiner Minutes Hearing on March 10,2015 3 g e 11 MR. MAPP CLOSED ThrPUBLIC TESTIMONY. — Comprehensive Plan Analysis for SUP-15-01 (Special Use): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-15-01 (Special Use): The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for SUP-15-01 (Special Use): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR SUP-15-01 (Special Use Permit): The Hearing Examiner ORDERED that Case Number SUP-15-01 IS APPROVED with conditions: 8.2 - 8.6 as written B. Case Number SUP-15-03 a request by Gem State Bail, LLC for a special-use permit to operate a Bail Bonds facility within the C-C (City Center)Zoning District. The subject property is located at 1002 Blaine Street in Caldwell, Idaho. Testimony: 1. Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report. 2. Mr. Wagoner stated the applicant is requesting special use permit approval to operate a bail bonds facility and in the City Center zoning a bail bonds does require a special use permit approval in order to operate. 3. Mr. Wagoner gave background on the subject property explaining that there is an existing office complex with several units and the applicant is looking to lease one of the units. 4. Mr. Wagoner reviewed the conditions of approval in regards to what city code requires and what staff feels is appropriate. The applicant is leasing only one unit and not the entire building and staff is willing to work with the applicant on the improvements required along 10th Avenue. 5. Mr. Mapp discussed with staff the curb cuts and landscaping improvements. 6. Ryan Henson, Applicant, 1009 W Sanetta Street, Nampa, ID 83605 gave supporting testimony and stated that his concerns is he is just a tenant and is being asked to bring the property up to desired code and does not have a problem helping out with the codes as a single tenant and not for the entire building. 7. Mr. Wagoner stated that staff is willing to strike conditions 8.3 and 8.5. 8. Mr. Henson stated that he would like one year to complete condition 8.4. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Hearing Examiner Minutes Hearing on March 10,2015 Page 1 2 Comprehensive Plan Analysir SUP-15-03 (Special Use): The Heatrrb Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-15-03 (Special Use): The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for SUP-15-03 (Special Use): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR SUP-15-03 (Special Use Permit): The Hearing Examiner ORDERED that Case Number SUP-15-03 IS APPROVED with conditions: 8.2 as written Strike 8.3 8.4 as written with one change changing the time frame from Oct 2, 2015 to April 1, 2016 Strike 8.5 8.6 as written. C. Case Number SUP-15-04 a request by B and H Companies LLC for a special-use permit to construct two off-premise signs (billboards)within the M-1 (Light Industrial)Zone. The subject property is located at the southwest corner of Linden Street and Aviation Way in Caldwell, Idaho. Testimony: 1. Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report. 2. Mr.Wagoner gave background on the subject property explaining that this type of business belongs next to the freeway and ITD is okay with the application and will approve both billboards. 3. Mr.Wagoner explained that there are some site limitations first being on the east side of the property, a 40 foot dedication of right-of-way and that staff recommends 40 feet from centerline of Linden be dedicated right-of way. 4. Mr.Wagoner reviewed the conditions listed on the staff report and specifically discussed condition 8.3 and the concern of trees and an issue that there is some type of a lateral that runs along the northern boundary and that the irrigation district will not allow trees in that easement area. Mr. Wagoner suggested planting the trees along the freeway to give some buffer and to allow the applicant time as there is no irrigation along that area and staff is aware of the restrictions on the site. 5. Lucus Hansen,Application, 14763 Willis Road, Caldwell, ID 83607 gave supporting testimony and stated that he has gone through all the codes and regulations with the Idaho Transportation Department and is willing to work with city staff regarding the landscaping. Mr. Hansen stated he wants the property to look good and will work with staff. 6. Mr. Hansen also stated that he has been in contact with the irrigation company and asked the irrigation company for approval to put in a culvert which was approved. Hearing Examiner Minutes Hearing on March 10,2015 P a g e 13 7. Mr. HaTrsen reiterated that he is willing to do upgra es and is will to do what the city wants and that he will comply. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for SUP-15-04 (Special Use): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-15-04 (Special Use): The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for SUP-15-04 (Special Use): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR SUP-15-04 (Special Use Permit): The Hearing Examiner ORDERED that Case Number SUP-15-4 IS APPROVED with conditions: 8.2 - 8.8 adding applicant will comply with ITD D. Case Number SUP-15-02 a request by Jake Rodriguez for a special-use permit to operate an automotive mechanic shop within the C-2 (Community Commercial) Zoning District. The subject property is located at 5401 S. Lake Avenue in Caldwell, Idaho. Testimony: 1. Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report. 2. Mr. Wagoner gave background on the subject property stating the applicant is requesting special use permit approval to operate an automotive mechanic shop in the C-2 (Community Commercial) zone within an existing building and reviewed the surrounding zones and uses. 3. Mr. Wagoner stated the that the property owner has rights but so do the neighbors and taking that into account and through the recommending conditions will help to make sure this application complies with the compressive plan. Specifically limiting the hours of operation, limiting the hours vehicles may be picked up, requiring a 6 foot tall privacy fence, and a security gate along Lake Avenue. 4. Mr. Wagoner stated staff recommends approval if conditions are met. 5. Jake Rodriguez, Applicant, 5401 S. Lake Ave., Caldwell, ID 83607 gave supporting testimony stating they will comply with city code and the conditions listed on the staff report. 6. Mr. Mapp clarified with the applicant that if any of the conditions of approval are violated they are subject to having the Special Use Permit revoked. 7. Mr. Rodriguez acknowledged. 8. Joe Rodriguez, 5401 S. Lake Ave., Caldwell, ID 83607 signed in favor of the application and gave supporting testimony. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Hearing Examiner Minutes Hearing on March 10,2015 14 Comprehensive Plan Analysis for SUP-15-04 (Special Use): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for SUP-15-04 (Special Use): The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for SUP-15-04 (Special Use): The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. ORDER OF DECISION FOR SUP-15-04 (Special Use Permit): The Hearing Examiner ORDERED that Case Number SUP-15-4 IS APPROVED with conditions: 8.2 -8.11 as written E. Case Number ANN-15-02 a request by Idaho Conference of Seventh-day Adventists, Inc. for annexation of approximately 42 acres, more or less, into the City of Caldwell. The applicant is requesting a zoning designation of H-C (Highway Corridor). The site is located at 14702 Karcher Road in Caldwell, Idaho. Testimony: 1. Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report. 2. Mr. Wagoner gave background on the subject property explaining that this application has evolved from the property needing city services, specifically city sewer because of septic issues. 3. Mr.Wagoner reviewed the surrounding uses and zones. 4. Mr. Wagoner reviewed the conditions listed on the staff report. 5. Matthew Beeter,Applicant Representative, PO Box 9752, Boise, ID 83707 gave supporting testimony and explained that in 2013,the Academy became aware that the sewage lagoons were not operating properly and entered into negotiations with the State of Idaho to resolve the issue and find a solution whether it was replacing the lagoons with something similar or trying to hook to city sewer. The decision was made to approach the city to seek city services which requires annexation. 6. Mr. Beeter stated they held a neighborhood meeting and the six folks who attended were mostly curious about what and why they were requesting to annex. 7. Mr. Beeter further explained they have been working with the city Engineer, working towards the actual physical connection to the sewer. 8. Mr. Beeter stated they agree with the conditions listed on the staff report. 9. Larry Sawyer, 16345 Lewens Way, Caldwell, ID 83607 signed in neutral of the application but did not wish to speak. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Hearing Examiner Minutes Hearing on March 10,2015 Page 1 5 Comprehensive Plan Analysis--ror ANN-15-02 (Annexation): The Hea ly.% Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ANN-15-02 (Annexation): The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for ANN-15-02 (Annexation):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ANN-15-02 (Annexation): The Hearing Examiner RECOMMENDED that Case Number ANN-15-02 IS APPROVED with conditions: 8.2 -8.4 as written F. Case Number ANN-15-01 a request by the City of Caldwell to annex 2 parcels totaling approximately 8.3 acres, more or less, into the City of Caldwell. The applicant is requesting a zoning designation of R-1 (Low Density Residential). The sites are located at 811 &813 W. Plymouth Street in Caldwell, Idaho. Testimony: 1. Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report. 2. Mr. Wagoner gave an overview of the request and stated that the City of Caldwell is the applicant and the city just purchased the two subject properties and that the city already owned the property to the south. The money used to purchase the properties was from the Parks and Recreation impact funds so this property cannot be used as a residential project, it must be used as a natural park. The plan is to connect this natural park to Curtis Park. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis for ANN-15-01 (Annexation): The Hearing Examiner accepted the comprehensive plan analysis as listed in the staff report. Findings of Fact for ANN-15-01 (Annexation): The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and the evidence list. Conclusions of Law for ANN-15-01 (Annexation):The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. RECOMMENDATION FOR ANN-15-01 (Annexation): The Hearing Examiner RECOMMENDED that Case Number ANN-15-01 IS APPROVED with condition: 8.2 V. Planning Issues—None. Hearing Examiner Minutes Hearing on March 10,2015 3 ' e 16 VI. Adjournment The Hearing Examiner adjourned the meeting at approximately 8:30 p.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED BELOW: kirf / ATTEST: M. erome Map• Da e Jarom Wagoner, Senior Planner/ Development Team Leader Date For detailed minutes, please request a copy of the digital recording. Hearing Examiner Minutes Hearing on March 10,2015 I 7 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: RWas Sp C.► cL.9 L€s-a CASE NUMBER: -S (Kf" ( S " O IN FAVOR NEUTRAL IN OPPOSITION A_,pelicant or Representative L(speak ❑ Do not speak ❑speak ❑ Do not speak ❑speak ❑ Do not speak C-jvw rit., Print Name Print Name Print Name Print Address Print Address Print Address /114.-79 17:0 1346 City State, Zip City State, Zip City State, Zip ❑speak E3 Do not speak ❑speak ❑ Do not speak ❑speak ❑ Do not speak C-u1I 1i',,c T / c- Print Name Print Name Print Name J 4/ 1'- fir:Hr 4".;0 Print Address Print Address Print Address All pH/4 47) eZet City State, Zip City State, Zip City State, Zip El speak ❑ Do not speak ❑speak ❑ Do not speak ❑speak ❑ Do not speak Print Name Print Name Print Name Print Address Print Address Print Address City State, Zip City State, Zip City State, Zip fectc__ ( Q23 ORDER OF DECISION BY THE HEARING EXAMINER CITY OF CALDWELL, IDAHO PUBLIC HEARING HELD MARCH 10, 2015 Subject: Staff Report—Case No. SUP-15-01 (Rivas SUP) THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION: • SPECIAL USE PERMIT REQUEST TO CONSTRUCT A DUPLEX WITHIN THE R-1 (LOW DENSITY RESIDENTIAL) ZONE. 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 COURSE OF PROCEEDINGS 1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application SUP-15-01 to be held before the Caldwell Hearing Examiner on March 10, 2015. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On February 22, 2015, notice was published in the Idaho Press Tribune, and on February 20, 2015 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 February 26, 2015 notice was posted on the site. 1.2 On March 10, 2015, the Caldwell Hearing Examiner 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 Boulevard, Caldwell and at applicable public hearings. II GENERAL FACTS 2.1 APPLICANT/OWNER: Guadalupe J. Rivas, 872 W. Trine Loop, Nampa, ID 83686. 2.3 REQUEST: The applicant is requesting special use permit approval to construct a duplex within the R-1 (Low Density Residential) Zone. 2.4 LEGAL DESCRIPTION: A legal description for the site was not necessary for the application. 2.5 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map designation for the site is Residential. Low Density Residential: Suitable for single-family residential neighborhoods, to include churches, schools, neighborhood parks, comparable public facilities, and essential utility locations. The residential density range for a single-family residential subdivision shall not Case No.SUP-15-01 Rivas SUP Page 1 of 4 Hearing Examiner Order of Decision P - exceed three (3) dwelling units per acre. A planned-unit development with mixed uses, such as duplexes, townhouses, and compatible non-residential uses, may be permitted at a residential density of not more than six (6) dwelling units per gross acre. 2.6 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: Land Use: The subject property is zoned C-2 (Community Commercial) and is surrounded by the following uses: Direction Zone Comprehensive Map Use Site R-1 Low Density Residential Vacant North R-1 Low Density Residential Residential South R-1 Low Density Residential Residential East R-1 Low Density Residential Multi-Family Residential West R-1 Low Density Residential Multi-Family Residential Transportation/Connectivity: The subject property utilizes an existing street system and will take access from Oak Street, a local street. Public Services, Utilities and Facilities: The engineering department, fire marshal, building department, SWDH, Idaho Power, and police department were all sent a request for comment on February 13, 2015. Landscaping: The applicant should be required to provide landscaping within the proposed parking area, as required by Section 10-07-09(2). III TESTIMONY BEFORE THE HEARING EXAMINER, MARCH 10, 2015 3.1 Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report Mr. Wagoner stated that the applicant is requesting special use permit approval to construct a duplex within the R-1 (Low Density Residential) Zone and gave the surrounding zones and uses. Mr. Wagoner stated that staff recommends approval with conditions as listed on the staff report. Eduardo Rivas, Applicant, 874 W Trine Loop, Nampa, ID 83686 gave supporting testimony and stated they would like to build a 1,500 square foot duplex and that they own a triplex to the east and to the north of the subject property. Mr. Rivas further explained that the duplex will have 750 square feet units with two bedrooms and one bathroom and that parking access will be through the current curbing and cut. Mr. Mapp wondered if the applicant was aware of the current setbacks and lighting. Mr. Rivas responded yes they have the current setback requirements and the lighting will be in the parking lot only and will not shine out. Mr. Rivas also shared they will put in trees and landscaping; installing a low gallon usage sprinkler system. Mr. Guadalupe J. Rivas signed in favor of the application but did not wish to speak. Case No.SUP-15-01 Rivas SUP Page 2 of 4 Hearing Examiner Order of Decision 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 project 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 1-1: Establish a sound basis for land use and environmental regulations through comprehensive planning and adopted policies and ordinances. Policy 1-4: Assure that development pays its fair share by establishing a rational, equitable basis for calculating the type of any exaction, or the amount of any impact fee. GOALS AND POLICIES — Land Use Goal 1: 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. 5.2 The request was not found to be inconsistent with any portion of the Comprehensive Plan Components. Based upon these items, staff recommends APPROVAL of the special use permit request with the conditions of approval as outlined in Section 8 of this report. 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 SUP-15-01 a request by Guadalupe Rivas for a special-use permit to construct a duplex within the R-1 (Low Density Residential) Zone located approximately 150 Case No.SUP-15-01 Rivas SUP Page 3 of 4 Hearing Examiner Order of Decision feet west of the intersection of Oak Street and Airport Avenue in Caldwell, Idaho, is approved with the following conditions of approval: 8.2 Comply with all applicable city codes, ordinances, policies, and standards. 8.3 Install Interior landscape planter islands at the ends of the proposed parking row. Each island shall be a minimum of 60 square feet and shall contain a minimum of one class 1 or 2 tree and shall be covered with a combination of low shrub and/or lawn if wet landscaping is utilized. If dry landscaping is utilized, the island shall be covered with rock ground cover and a minimum of one boulder and there shall be no requirement for vegetation. 8.4 All signage on the site shall comply with City Code 10-02-06 (Sign Schedule). 8.5 Enter into a deferral agreement with the City of Caldwell for the future construction of curb, gutter, and sidewalk on Oak Avenue, abutting the site. 8.6 All local, state, and federal rules and regulations shall be adhered to in the operation of the facility. CASE NUMBER SUP-15-01 WAS HEARD BY THE CALDWELL HEARING EXAMINER AT A PUBLIC HEARING HELD MARCH 10, 2015. 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. M. Jerome Mac •, Heari g Examiner ATTEST: Date Jarom Wa , Senior Planner Case No.SUP-15-01 Rivas SUP Page 4 of 4 Hearing Examiner Order of Decision S U P - 1 5 - 0 1 , •4'''', .." ' 2, . 14:: ? 14,*7.,,,,,,,v . 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