HomeMy WebLinkAbout05 Hearing Examiner PLANNING AND ZONING/HEARING EXAMINER
ITEM DATE SUBMITTED BY
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Cn wwEtt "m Caldwell Hearing Examiner agenda for Public Hearing on Tuesday, September 13, 2011
Garret Nang
at 7:00 p.m., in the Community Room of the Caldwell Police Department at 110 South 5th
4. Avenue, Caldwell, Idaho.
CITY CLERK ;s�,M`'
,
Debbie G AGENDA
CouNcat. 4.t; I. Call to Order
Dennis ,
Shonnor„,, II. Review of Proceedings
Bob Sobs ", .
Jim OakQ ;„- : III. Old Business
Rob Ho®e
Jim Blacker' A. Approve the Minutes of the March 8, 2011 meeting as signed on March 12, 2011 by
<'. Hearing Examiner Mapp.
” IV. New Business
A. Case No. SUP-348-11 a request by Javier Jimenez and Alfonso Gutierrez for special
',:L use permit approval to operate an automotive salvage impound yard at 415 Belmont
621 de!;M Street.
Caidw Miy"
V. Planning Issues.
'' VI. Next Hearing Examiner Public Meeting Date: Tuesday, November 9, 2011 at 7:00 p.m.
VII. Adjourn
g.
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 necesitando comodidades especiales para participar en la reunion
debe contactar al las oficinas de la Ciudad o (lame a (208) 455- 4667 antes de la
reunion.
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City Hall ® 411 Blaine St. e P.O. Box 1179 * Caldwell, Idaho 83606 (208) 455 3000 i 'A?`.: (208) ,5`z-3.003 Q iu,,ww.cityoi . w .co n
CALDWELL HEARING EXAMINER
MINUTES
September 13, 2011
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: Anne Marie Skinner (Senior Planner/Development Team Leader) and April Cabello
(Planning Technician).
Members Absent: Brian Billingsley(Planning Director) and Robb MacDonald (Assistant City Engineer).
III. Old Business:
A. Mr. Mapp approved the Minutes of the March 8, 2011 meeting as signed on March 11, 2011
by Hearing Examiner Mapp.
IV. New Business:
A. Case Number SUP-348-11 a request by Javier Jimenez and Alfonso Gutierrez for special use
permit approval to operate an automotive salvage impound yard at 415 Belmont Street.
Testimony:
1. Jerome Mapp, Hearing Examiner, noted for the record that the applicant's
name is Javier Jimenez and he is requesting special use permit approval to
operate an automotive salvage impound yard located at a site addressed as
415 Belmont Street. The aerial photo of the site was submitted into the record
and labeled as Exhibit PZ-1000. Mr. Mapp acknowledged receipt of the notice
letter Mr. Jimenez sent out to all property owners within 300 feet informing
them of a neighborhood meeting regarding the request.
2. Mr. Mapp further stated that the site is zoned M-1 Light Industrial and
specifically noted that the site and surrounding area has been zoned M-1 Light
Industrial since the adoption of the original Zoning Map in 1977 and submitted
an email from Anne Marie Skinner, explaining the zoning history, and labeled
as Exhibit PZ-1001. Mr. Mapp added that there are residences in the area, but
Hearing Examiner Minutes
Hearing on September 13,2011 P apHL
the site is zoned M-1 Light Industrial and the proposed use is allowed with
special use permit approval. Further, the residences are zoned M-1 Light
Industrial as well. Mr. Mapp wanted the zoning history noted for the record to
assist current and future staff with any questions concerned citizens may have
wondering why an automotive salvage impound yard was located next to
residences.
3. Mr. Mapp reviewed the summary of landscaping from the written staff report.
There is an existing street landscape buffer, along the Belmont Street frontage,
consisting of river rock and shrubs. There would be a requirement for a buffer
between differing uses due to the western use being apartments, but the
proximity of the existing building to the property line precludes any
landscaping along the subject property's western boundary. There are no
landscaping requirements attached to approval of this special use permit.
4. Mr. Mapp noted the parking requirements from the written staff report as
being one space for every 400 square feet of office space plus 10,000 square
feet of lot area. He further noted that asphalt or concrete parking is not
required in an M-1 zone, but a compacted all-weather surface is required. He
read into the record Condition of Approval Number 8.13: "A minimum of one
parking space per 400 square feet of office area shall be provided as well as a
minimum of one parking space per 10,000 square feet of usable outdoor
automotive impound yard area. All ADA-accessible parking requirements shall
also be met. Surfacing requirements for parking shall meet the surfacing
standards for parking in an M-1 Light Industrial zone."
5. Mr. Mapp reviewed the conditions of approval listed in the staff report and
specifically noted Condition of Approval Number 8.12 regarding obtaining a
temporary certificate of occupancy and Condition of Approval Number 8.13
limiting the number of inoperable cars stored on site to a maximum number of
8.
6. Mr. Mapp added two additional conditions of approval. The first prohibits
automobile sales at the site and the second prohibits outdoor storage of tires
at the site.
7. Anne Marie Skinner, Senior Planner/Development Team Leader, 621 Cleveland
Blvd., Caldwell, ID 83605, reported on the uses surrounding the site.
Immediately adjacent to the east is a truck wash/truck repair business and
further east is a tortilla manufacturing business. To the south is Darigold which
manufactures dairy products. To the north is a bare parcel with some housing
to the northwest. To the west is residential usage. All of the surrounding area,
including the residential areas, is zoned M-1 Light Industrial.
8. Javier Jimenez, applicant, 1819 N. Owyhee Ave., Nampa, ID 83651, stated his
name and address for the record and acknowledged being sworn in.
9. Mr. Mapp asked Mr. Jimenez if he had read the staff report. Mr Jimenez
responded that he had.
Hearing Examiner Minutes
Hearing on September 13,2011 Page 12
10. Mr. Mapp asked Mr.Jimenez to explain what he would be doing at the site.
11. Mr.Jimenez responded that he'd been operating a towing business for the past
3 1/2 years and he desired to have a permanent location with a building to
expand his business. He plans to sell tires and wheels and also have a dealer's
license to sell cars. This would all be in addition to towing cars to the site and
storing them there until retrieval.
12. Mr. Mapp inquired if cars would be sold on site.
13. Mr.Jimenez responded there would be no car sales on site.
14. Mr. Mapp wondered if the tires would be stored inside or outside.
15. Mr.Jimenez responded that the tires would be stored both inside and outside.
16. Mr. Mapp stated that storing tires outside can become a health hazard due to
them filling up with rain water and becoming mosquito havens.
17. Ms. Skinner explained that selling tires is okay. However, storing tires outside
could be consider outdoor storage of something other than automobiles
and/or could turn into junk. Both outdoor storage and a junkyard require a
special use permit and this request didn't cover either of those uses.
18. Mr. Mapp asked if Mr. Jimenez would be okay with limiting the storage of tires
to the inside of the building.
19. Mr.Jimenez responded that it wouldn't be a problem to only store tires inside.
20. Mr Mapp queried about, and Mr.Jimenez agreed to, no auto sales on site.
21. Mr. Mapp reviewed the conditions of approval with Mr.Jimenez and reminded
him that violating any of the conditions of approval would result in suspension
and possibly revocation of the special use permit. Mr. Jimenez said he
understood.
22. Mr. Mapp asked if Mr.Jimenez had anything further to add; he did not.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis for SUP-348-11: Mr. Mapp accepted the comprehensive plan analysis
as listed in the staff report.
Findings of Fact for SUP-348-11: The Hearing Examiner accepted the general facts as outlined in the
staff report, public testimony, and the evidence list consisting of the written and verbal staff reports,
the case file, the sign-up sheet, Exhibit PZ-1000 (aerial photo of the site submitted by Anne Marie
Skinner) and Exhibit PZ-1001 (zoning history of site submitted by Jerome Mapp).
Conclusions of Law for SUP-348-11: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
ORDER OF DECISION: The Hearing Examiner ORDERED that Case Number SUP-348-11 IS APPROVED
with conditions as outlined in the staff report, as well as two additional conditions:
8.15 No automobile sales can be conducted at 415 Belmont.
Hearing Examiner Minutes
Hearing on September 13,2011 Page 13
8.16 The storage of tires shall take place indoors only and storage of tires outside of the
building is prohibited.
V. Planning Issues—None.
VI. Adjournment
The Hearing Examiner adjourned the meeting at approximately 7:19 p.m.
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED
BELOW:
Ael 't / I ATTEST:
\ / -.\174
M.Je .me Mapp f D.
—00 — 1 i
Anne Marie inner, Senior ' anner/ Development Team Leader Date
Hearing Examiner Minutes
Hearing on September 13,2011 Page 14
8.16 The storage of tires shall take place indoors only and storage of tires outside of the
building is prohibited.
V. Planning Issues—None.
VI. Adjournment
The Hearing Examiner adjourned the meeting at approximately 7:19 p.m.
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED
BELOW: -- _ _.
/I
p` 000111F `� 4 ► cl b/ /l/
ATTEST:
M.Je . me Mapp / 1 D. - 1
'i
q‘-00 - i
Anne Marie inner, Senior • anner/Development Team Leader Date
Hearing Examiner Minutes
Hearing on September 13,2011 Page 14
10. Mr. Mapp asked Mr.Jimenez to explain what he would be doing at the site.
11. Mr.Jimenez responded that he'd been operating a towing business for the past
3 1/2 years and he desired to have a permanent location with a building to
expand his business. He plans to sell tires and wheels and also have a dealer's
license to sell cars. This would all be in addition to towing cars to the site and
storing them there until retrieval.
12. Mr. Mapp inquired if cars would be sold on site.
13. Mr.Jimenez responded there would be no car sales on site.
14. Mr. Mapp wondered if the tires would be stored inside or outside.
15. Mr.Jimenez responded that the tires would be stored both inside and outside.
16. Mr. Mapp stated that storing tires outside can become a health hazard due to
them filling up with rain water and becoming mosquito havens.
17. Ms. Skinner explained that selling tires is okay. However, storing tires outside
could be consider outdoor storage of something other than automobiles
and/or could turn into junk. Both outdoor storage and a junkyard require a
special use permit and this request didn't cover either of those uses.
18. Mr. Mapp asked if Mr.Jimenez would be okay with limiting the storage of tires
to the inside of the building.
19. Mr.Jimenez responded that it wouldn't be a problem to only store tires inside.
20. Mr Mapp queried about, and Mr.Jimenez agreed to, no auto sales on site.
21. Mr. Mapp reviewed the conditions of approval with Mr.Jimenez and reminded
him that violating any of the conditions of approval would result in suspension
and possibly revocation of the special use permit. Mr. Jimenez said he
understood.
22. Mr. Mapp asked if Mr.Jimenez had anything further to add; he did not.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis for SUP-348-11: Mr. Mapp accepted the comprehensive plan analysis
as listed in the staff report.
Findings of Fact for SUP-348-11: The Hearing Examiner accepted the general facts as outlined in the
staff report, public testimony, and the evidence list consisting of the written and verbal staff reports,
the case file, the sign-up sheet, Exhibit PZ-1000 (aerial photo of the site submitted by Anne Marie
Skinner) and Exhibit PZ-1001 (zoning history of site submitted by Jerome Mapp).
Conclusions of Law for SUP-348-11: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
ORDER OF DECISION: The Hearing Examiner ORDERED that Case Number SUP-348-11 IS APPROVED
with conditions as outlined in the staff report,as well as two additional conditions:
8.15 No automobile sales can be conducted at 415 Belmont.
Hearing Examiner Minutes
Hearing on September 13,2011 P a g e 3 (i,
the site is zoned M-1 Light Industrial and the proposed use is allowed with
special use permit approval. Further, the residences are zoned M-1 Light
Industrial as well. Mr. Mapp wanted the zoning history noted for the record to
assist current and future staff with any questions concerned citizens may have
wondering why an automotive salvage impound yard was located next to
residences.
3. Mr. Mapp reviewed the summary of landscaping from the written staff report.
There is an existing street landscape buffer, along the Belmont Street frontage,
consisting of river rock and shrubs. There would be a requirement for a buffer
between differing uses due to the western use being apartments, but the
proximity of the existing building to the property line precludes any
landscaping along the subject property's western boundary. There are no
landscaping requirements attached to approval of this special use permit.
4. Mr. Mapp noted the parking requirements from the written staff report as
being one space for every 400 square feet of office space plus 10,000 square
feet of lot area. He further noted that asphalt or concrete parking is not
required in an M-1 zone, but a compacted all-weather surface is required. He
read into the record Condition of Approval Number 8.13: "A minimum of one
parking space per 400 square feet of office area shall be provided as well as a
minimum of one parking space per 10,000 square feet of usable outdoor
automotive impound yard area. All ADA-accessible parking requirements shall
also be met. Surfacing requirements for parking shall meet the surfacing
standards for parking in an M-1 Light Industrial zone."
5. Mr. Mapp reviewed the conditions of approval listed in the staff report and
specifically noted Condition of Approval Number 8.12 regarding obtaining a
temporary certificate of occupancy and Condition of Approval Number 8.13
limiting the number of inoperable cars stored on site to a maximum number of
8.
6. Mr. Mapp added two additional conditions of approval. The first prohibits
automobile sales at the site and the second prohibits outdoor storage of tires
at the site.
7. Anne Marie Skinner, Senior Planner/Development Team Leader, 621 Cleveland
Blvd., Caldwell, ID 83605, reported on the uses surrounding the site.
Immediately adjacent to the east is a truck wash/truck repair business and
further east is a tortilla manufacturing business. To the south is Darigold which
manufactures dairy products. To the north is a bare parcel with some housing
to the northwest. To the west is residential usage. All of the surrounding area,
including the residential areas, is zoned M-1 Light Industrial.
8. Javier Jimenez, applicant, 1819 N. Owyhee Ave., Nampa, ID 83651, stated his
name and address for the record and acknowledged being sworn in.
9. Mr. Mapp asked Mr. Jimenez if he had read the staff report. Mr Jimenez
responded that he had.
Hearing Examiner Minutes
Hearing on September 13,2011 Page ( 2
CALDWELL HEARING EXAMINER
MINUTES
September 13, 2011
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: Anne Marie Skinner (Senior Planner/Development Team Leader) and April Cabello
(Planning Technician).
Members Absent: Brian Billingsley (Planning Director) and Robb MacDonald (Assistant City Engineer).
III. Old Business:
A. Mr. Mapp approved the Minutes of the March 8, 2011 meeting as signed on March 11, 2011
by Hearing Examiner Mapp.
IV. New Business:
A. Case Number SUP-348-11 a request by Javier Jimenez and Alfonso Gutierrez for special use
permit approval to operate an automotive salvage impound yard at 415 Belmont Street.
Testimony:
1. Jerome Mapp, Hearing Examiner, noted for the record that the applicant's
name is Javier Jimenez and he is requesting special use permit approval to
operate an automotive salvage impound yard located at a site addressed as
415 Belmont Street. The aerial photo of the site was submitted into the record
and labeled as Exhibit PZ-1000. Mr. Mapp acknowledged receipt of the notice
letter Mr. Jimenez sent out to all property owners within 300 feet informing
them of a neighborhood meeting regarding the request.
2. Mr. Mapp further stated that the site is zoned M-1 Light Industrial and
specifically noted that the site and surrounding area has been zoned M-1 Light
Industrial since the adoption of the original Zoning Map in 1977 and submitted
an email from Anne Marie Skinner, explaining the zoning history, and labeled
as Exhibit PZ-1001. Mr. Mapp added that there are residences in the area, but
Hearing Examiner Minutes
Hearing on September 13,2011 P e ! 1 c;,,,,
j 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.
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Century Link Webmail http://md25.quartz.synacor.com/zimbra/h/printmessage?id=19629
Century Link Webmail jerome_mapp_123 @q.com
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tonight's hearing - property history
From :Anne Marie.Skinner<amskinner@ci.caldwell.id.us> Tue,Sep 13,2011 11:14 AM
Subject:tonight's hearing-property history
To :jerome mapp 123 <jerome_mapp_123@q.com>
Jerome,
I went back through all the zoning maps and that entire area has been zoned M-1 Light Industrial since the original zoning map was
adopted in 1977.
So,here is a breakdown:
East of subject property: Zoned Industrial being used as a truck wash/truck repair and Casa Valdez manufacturing
West of the subject property: Zoned Industrial being used as storage and apartments
North of subject property: Zoned Industrial and Commercial being used as houses or mobile homes or bare ground
South of Subject property: Zoned Industrial being used as Darigold Manufacturing and Casa Valdez Manufacturing
Let me know what else you might need.
Anne Marie Skinner
Senior Planner
City of Caldwell Planning and Zoning
621 Cleveland Blvd.
Caldwell,ID 83605
Direct Line:(208)455-4662
Fax:(208)455-3050
amskinner @ci.caldwell.id.us
1 of 1 9/13/2011 9:32 AM
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CALDWELL MAYOR I
Garret Nancoias
4'. September 21, 2011
CITY CLERK r'..„
Debbie Geyer
COUNCIL MEMBERS Javier Jimenez
Dennis Callse,n 836 W. Sheridan
Shannon Ozuna Nampa, ID 83686
Bob Sobba
Jim Dakan RE: Case No. SUP-348-11 (JR's Towing SUP)
Rob Hopper
Jim Blacker Dear Mr. Jimenez:
Enclosed for your files please find a copy of the above-referenced Order of Decision
as approved by the Hearing Examiner on September 13, 2011 and signed on
. September 16, 2011 by the Hearing Examiner. Please refer to Section 8 for
'''° = conditions of approval.
ai t Please note the following as per Idaho State Code, Section 67-6519:
al
:e , The applicant has the right to request a regulatory taking analysis pursuant
to Section 67-8003, Idaho Code. Additionally, an applicant denied an
application or aggrieved by a final decision, or an affected person (one
having a bona fide interest in real property which may be adversely affected
by approval, denial or failure to act upon an application for a subdivision,
variance, special use permit; or, approval of an annexation; or, approval or
denial of a rezone) aggrieved by a final decision, may, within 28 days after
all remedies have been exhausted under local ordinances, seek judicial
review under the procedures provide by Chapter 52,Title 67, Idaho Code.
If I can be of any assistance or if you have any questions, please call me at 455-
4662.
,- 1
044
SincereIy,
Anne Marie kinne
Senior Planner/Development Team Leader
Enclosure
Cc: Case File
Alfonso Gutierrez, 724 5th Ave., Caldwell, ID 83605
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City R 411 Blaine St. ,- P O. Box 1179 . Caldwell, Idaho 83606 9 (208) 455 3000 ' FAX: (208) 455-3003 e WURLI city a .. c Jr
ORDER OF DECISION
BY THE HEARING EXAMINER
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD SEPTEMBER 13, 2011
Subject: Case No. SUP-348-11 (JR's Towing SUP)
THE FOLLOWING LAND USE ACTIONS ARE THE PRIMARY FEATURES OF THIS
APPLICATION:
• SPECIAL USE PERMIT REQUEST FOR AN AUTOMOTIVE SALVAGE IMPOUND YARD
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
SUP-348-11 to be held before the Caldwell Hearing Examiner on September 13, 2011. Public
notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been met.
On August 26, 2011 notice was mailed to all property owners within 300 feet of the project site
and to all political subdivisions providing services to the site; on August 28, 2011 notice was
published in the Idaho-Press Tribune; and, on September 1, 2011 notice was posted on the
site.
1.2 On September 13, 2011, the Caldwell Hearing Examiner approved the request.
1.3 Files and exhibits relative to this application are available for review in the Planning and
Zoning Department, 621 Cleveland, Caldwell and at applicable public hearings.
II GENERAL FACTS
2.1 PROPERTY OWNER: Alfonso Gutierrez, 724 5th Ave., Caldwell, ID 83605
2.2 APPLICANT/DEVELOPER/BUSINESS OWNER: Javier Jimenez, 836 W. Sheridan, Nampa,
ID 83686
SUP-348-11 (JR's Towing SUP) S A NN6.D
Page 1 of 7
ORDER OF DECISION �1/
2.3 REQUEST: The property owner and applicant/developer are seeking approval for a special
use permit for an automotive salvage impound yard located in an M-1 Light Industrial zone.
The subject property is located on the north side of Belmont Street approximately 75 feet west
of 5th Avenue. The site has an address of 415 Belmont Street.
2.4 BACKGROUND: The subject property has an existing building that is currently vacant. Said
existing building was last used as a sign shop.
2.5 LEGAL DESCRIPTION: A legal description for the site was not submitted and is not necessary
for this application.
2.6 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map
designation for the site is Traditional Neighborhood.
2.7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
2.7.1 Land Use: The subject property is surrounded by the following:
The subject property is zoned M-1 Light Industrial which is suitable for the manufacturing,
processing, assembling, packaging or fabricating of previously prepared materials; research
and development activities; and warehousing. Also suitable for limited commercial activities
involving large areas for storage/display and limited residential uses such as manufactured
home parks.
The proposed use is allowed under the zoning ordinance with special use permit approval.
Direction Zone Comprehensive Plan Map Use
Site M-1 Traditional Neighborhood Vacant
North M-1 Traditional Neighborhood Residential
South M-1 Industrial Industrial
West M-1 Traditional Neighborhood Residential
East M-1 Traditional Neighborhood Industrial
2.7.2 Transportation/Connectivity: The subject property has frontage on Belmont Street.
2.7.3 Public Services, Utilities and Facilities: The engineering department, fire plans examiner,
building department, police department, Caldwell School District and Vallivue School District
were all sent a request for comment on August 12, 2011. The following comments were
received:
Police Code Enforcement Comments:
"I went out and looked at this property (even though I am well familiar with it) and I have a few
concerns. I know there are other businesses in the area, but this property is right next door to
the apartments on the corner of 4th and Belmont. Your Memo dated 08/12/11 states that he
wants to operate an automotive wrecking/salvage yard; but his application also states that he
is going to operate a towing and vehicle storage; sell tires and wheels and retail wholesale
used autos. He states that his hours will be 8:00 a.m. to 6:00 p.m. Monday through Saturday,
but towing will be 24 hours. Again, with people living right there that could be a problem. My
main concern is that he will be accessing the property through the alley and if they are towing
24 hours, I think that some of the neighbors might object to that. I know I would. Thanks for
letting us provide input."
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ORDER OF DECISION
X2—'1
2.7.4 Landscaping: There is an existing street landscape buffer, along the Belmont Street frontage,
consisting of river rock and shrubs. There would be a requirement for a buffer between
differing uses due to the western use being apartments, but the proximity of the existing
building to the property line precludes any landscaping along the subject property's western
boundary. There are no landscaping requirements attached to approval of this special use
permit.
2.7.5 Parking: The subject property is located in an M-1 zoning district. Paving of either asphalt or
concrete is not required in an M-1 zoning district if not adjacent to a residential zoning district,
which said property is not. However, in lieu of asphalt or concrete, a compacted all-weather
surface (8" subbase - typically run gravel; and, 2" base course material - typically 3/4" minus
crushed gravel) must be provided. Required ADA-accessible parking must have a surface
accessible for wheelchairs and the like.
The off-street parking requirement for an automotive salvage impound lot is a minimum of one
space for every 400 square feet of office space plus 10,000 square feet of lot area. The
application does not list the square footage of the office space, nor does it list the square
footage of the lot area. The site plan shows the impound lot area but does not include any
dimensions.
Staff's site visit indicates a portion of gravel area behind the existing building to the north and
to the east of the existing building. Staff's opinion is that no more than eight vehicles could be
stored on the site.
Chain-link fencing is in place along the property's north and south property lines. The property
abuts an alley to the north, an existing industrial building to the east and an existing storage
shed to the west. Because there aren't any residential or commercial uses immediately in sight
of the impound yard area, staff does not feel any sight-obstructing fence is warranted. Due to
the location of the site and its proximity to existing industrial buildings, the site is essentially
obscured from any street view or residential view.
III TESTIMONY BEFORE THE HEARING EXAMINER, SEPTEMBER 13, 2011
3.1 Jerome Mapp, Hearing Examiner, noted for the record that the applicant's name is Javier
Jimenez and he is requesting special use permit approval to operate an automotive salvage
impound yard located at a site addressed as 415 Belmont Street. The aerial photo of the site
was submitted into the record and labeled as Exhibit PZ-1000. Mr. Mapp acknowledged
receipt of the notice letter Mr. Jimenez sent out to all property owners within 300 feet informing
them of a neighborhood meeting regarding the request.
3.2 Mr. Mapp further stated that the site is zoned M-1 Light Industrial and specifically noted that
the site and surrounding area has been zoned M-1 Light Industrial since the adoption of the
original Zoning Map in 1977 and submitted an email from Anne Marie Skinner, explaining the
zoning history, and labeled as Exhibit PZ-1001. Mr. Mapp added that there are residences in
the area, but the site is zoned M-1 Light Industrial and the proposed use is allowed with
special use permit approval. Further, the residences are zoned M-1 Light Industrial as well.
Mr. Mapp wanted the zoning history noted for the record to assist current and future staff with
any questions concerned citizens may have wondering why an automotive salvage impound
yard was located next to residences.
3.3 Mr. Mapp reviewed the summary of landscaping from the written staff report. There is an
existing street landscape buffer, along the Belmont Street frontage, consisting of river rock and
shrubs. There would be a requirement for a buffer between differing uses due to the western
use being apartments, but the proximity of the existing building to the property line precludes
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ORDER OF DECISION -R2-L\
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any landscaping along the subject property's western boundary. There are no landscaping
requirements attached to approval of this special use permit.
3.4 Mr. Mapp noted the parking requirements from the written staff report as being one space for
every 400 square feet of office space plus 10,000 square feet of lot area. He further noted that
asphalt or concrete parking is not required in an M-1 zone, but a compacted all-weather
surface is required. He read into the record Condition of Approval Number 8.13: "A minimum
of one parking space per 400 square feet of office area shall be provided as well as a
minimum of one parking space per 10,000 square feet of usable outdoor automotive impound
yard area. All ADA-accessible parking requirements shall also be met. Surfacing requirements
for parking shall meet the surfacing standards for parking in an M-1 Light Industrial zone."
3.5 Mr. Mapp reviewed the conditions of approval listed in the staff report and specifically noted
Condition of Approval Number 8.12 regarding obtaining a temporary certificate of occupancy
and Condition of Approval Number 8.13 limiting the number of inoperable cars stored on site
to a maximum number of 8.
3.6 Mr. Mapp added two additional conditions of approval. The first prohibits automobile sales at
the site and the second prohibits outdoor storage of tires at the site.
3.7 Anne Marie Skinner, Senior Planner/Development Team Leader, 621 Cleveland Blvd.,
Caldwell, ID 83605, reported on the uses surrounding the site. Immediately adjacent to the
east is a truck wash/truck repair business and further east is a tortilla manufacturing business.
To the south is Darigold which manufactures dairy products. To the north is a bare parcel with
some housing to the northwest. To the west is residential usage. All of the surrounding area,
including the residential areas, is zoned M-1 Light Industrial.
3.8 Javier Jimenez, applicant, 1819 N. Owyhee Ave., Nampa, ID 83651, stated his name and
address for the record and acknowledged being sworn in.
3.9 Mr. Mapp asked Mr. Jimenez if he had read the staff report. Mr Jimenez responded that he
had.
3.10 Mr. Mapp asked Mr. Jimenez to explain what he would be doing at the site.
3.11 Mr. Jimenez responded that he'd been operating a towing business for the past 3 % years and
he desired to have a permanent location with a building to expand his business. He plans to
sell tires and wheels and also have a dealer's license to sell cars. This would all be in addition
to towing cars to the site and storing them there until retrieval.
3.12 Mr. Mapp inquired if cars would be sold on site.
3.13 Mr. Jimenez responded there would be no car sales on site.
3.14 Mr. Mapp wondered if the tires would be stored inside or outside.
3.15 Mr. Jimenez responded that the tires would be stored both inside and outside.
3.16 Mr. Mapp stated that storing tires outside can become a health hazard due to them filling up
with rain water and becoming mosquito havens.
3.17 Ms. Skinner explained that selling tires is okay. However, storing tires outside could be
consider outdoor storage of something other than automobiles and/or could turn into junk.
Both outdoor storage and a junkyard require a special use permit and this request didn't cover
either of those uses.
3.18 Mr. Mapp asked if Mr. Jimenez would be okay with limiting the storage of tires to the inside of
the building.
3.19 Mr. Jimenez responded that it wouldn't be a problem to only store tires inside.
3.20 Mr Mapp queried about, and Mr. Jimenez agreed to, no auto sales on site.
3.21 Mr. Mapp reviewed the conditions of approval with Mr. Jimenez and reminded him that
violating any of the conditions of approval would result in suspension and possibly revocation
of the special use permit. Mr. Jimenez said he understood.
3.22 Mr. Mapp asked if Mr. Jimenez had anything further to add; he did not.
3.23 Mr. Mapp closed public testimony.
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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 1-2: Identify potential takings of private property prior to a regulatory or administrative
action on specific property.
Policy 1-3: Consider on a case-by-case basis economic hardship relief that would allow
legitimate, economically beneficial uses of property in situations where regulations would have
an extreme result.
GOALS AND POLICIES — Economic Development
Goal 2: Encourage business expansion and labor retention in areas suitable for
commercial development.
Policy 2-1: Provide commercial uses that meet all of the consumer needs for residents within
the community and thereby reduce vehicle miles traveled.
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.
Policy 1-6: Encourage non-residential special uses in residential areas where they can be
appropriately integrated with the surrounding area and where the health, safety, and general
welfare of the neighborhood would not be adversely impacted.
5.2 The request was not found to be inconsistent with any portion of the Comprehensive Plan
Components.
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,
is subject to conditions of approval, does not cause any damage, hazard, nuisance or
SUP-348-11 (JR's Towing SUP) Page 5 of 7
ORDER OF DECISION
other detriment to persons or properties in the vicinity and is not in conflict with the
comprehensive plan. Based upon these items, staff recommends approval of the
special use permit request for operation of an automobile salvage impound yard.
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 No. SUP-348-11, a request by Javier Jimenez and Alfonso Gutierrez for
special use permit approval to operate an automotive salvage impound yard in an M-1 Light
Industrial zone on subject property addressed as 415 Belmont Street is approved with the
following conditions of approval:
8.2 The specific terms and conditions placed on the Special Use Permit shall run with the land or
until such time as the Permit may be revoked, become invalid or replaced with another
approved permitted use or a different approved special use or the property is developed.
8.3 The special use permit shall not be considered as establishing a binding precedent to grant
other special use permits.
8.4 The special use permit is not transferable from one (1) parcel of land to another parcel of land.
8.5 Within twelve months of the submittal of the building permit application for the change of
use/occupancy, the permanent certificate of occupancy shall be obtained. If the permanent
certificate of occupancy is not obtained within the required timeframe, the special use permit
approval shall become null and void and another special use permit approval will need to be
received. A three-month administrative extension may be granted by the Planning and Zoning
Director, after completing the administrative extension request form, allowing an additional
ninety calendar days to obtain the sign permit and subsequently install the sign.
8.6 The property owner and applicant/developer, and any future assigns having an interest in the
subject property, shall fully comply with all conditions placed upon the Special Use Permit.
8.7 No change(s) to any conditions of approval of the Special Use Permit, as approved, shall be
undertaken until the Planning and Zoning Director has reviewed the proposed change(s) and
determined whether or not the change(s) is substantial. If the change(s) is determined to be
substantial, the change(s) shall only be allowed if approval is received through the public
hearing process.
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8.8 Any violation of the terms and conditions of the Special Use Permit shall be deemed a
misdemeanor and subject to the provisions set forth in Idaho Code, 18-113. Each day's
continued violation will be deemed a separate offense.
8.9 The property owner and applicant/developer shall fully comply with all provisions of the special
use permit ordinance Section 10-03-04.
8.10 All requirements of the Building Department placed upon the building permit for a change of
use/occupancy (if required) shall be adhered to prior to issuance of a permanent certificate of
occupancy.
8.11 All requirements of the Fire Plans Examiner placed upon the building permit for a change of
use/occupancy (if required) shall be adhered to prior to issuance of a permanent certificate of
occupancy.
8.12 The building shall not be occupied or utilized until, at a minimum, a temporary certificate of
occupancy has been issued for any applicable uses/occupancies (if required).
8.13 A minimum of one parking space per 400 square feet of office area shall be provided as well
as a minimum of one parking space per 10,000 square feet of usable outdoor automotive
impound yard area. All ADA-accessible parking requirements shall also be met. Surfacing
requirements for parking shall meet the surfacing standards for parking in an M-1 Light
Industrial zone.
8.14 No more than eight inoperable vehicles may be kept or stored on the site at any one given
time.
8.15 No automobile sales can be conducted at 415 Belmont.
8.16 The storage of tires shall take place indoors only and storage of tires outside of the building is
prohibited.
CASE NUMBER SUP-348-11 WAS HEARD BY THE CALDWELL HEARING EXAMINER AT A
PUBLIC HEARING HELD SEPTEMBER 13, 2011.
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 LOW.
M. Jerome "app, Hea/g Examiner a fpo
ci://‘ 11 / \A fileit■Fraill‘
Date a Marie ` inner, --..r PlInner/Development Team Ldr.
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ORDER OF DECISION