HomeMy WebLinkAbout05 Hearing Examiner I PLANNING AND ZONING/HEARING EXAMINER
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Caldwell Planning & Zoning Commission agenda for Public Hearing on
(Si r w€I_ v v'.n Tuesday, June 8, 2010 at 7:00 p.m., in the Community Room, Caldwell
Ca�rr� Nan�oks Police Department, 110 South 5th Avenue, Caldwell, Idaho.
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D�4�b:1t a �>r AGENDA
(CuN1i� Ninn�eKr. I. Call to Order
(cIis,n II. Review of Proceedings
�' rtes III. Old Business
Bob Sobbo
i,n,n "r' A. Approve Minutes of April 13, 2010 meeting as signed by
13o:. !icppar
.in113.0tli,41 Chairperson Jakobson on May 4, 2010.
IV. New Business
A. Case Number SUP-332-10 a request by Caldwell School District, Van
Buren Elementary School and Superior Signs for a special use permit for
an electronic reader board as well as signage exceeding 32 square feet
in an R-1 Low Density Residential zone. The proposed signage site is
Van Buren Elementary School addressed as 3115 Marble Front Road.
B. Case Number SUP-333-10 a request by Bobby Butler and Jeffery Miller
for a special use permit for an auction in an M-1 Light Industrial zone.
The proposed site is addressed as 415 Belmont Street.
C. Case Number SUP-334-10 a request by A Storage West, Clearwire and
Jason Evans for a special use permit for a new wireless
communications/internet tower in a C-3 Service Commercial zone. The
proposed site is addressed as 4224 Dearborn Street.
D. Case Number SUP-335-10 a request by AT&T/Cingular Wireless,
' e ' Clearwire and Jason Evans for a special use permit for a twenty-foot
extension to an existing wireless telecommunications tower in a C-2
Community Commercial zone. The site is addressed as 2312 Linden
" " Street.
E. Case Number ZON-69-10 a request by the City of Caldwell Planning and
Zoning Department for a rezone from R-2 Medium Density Residential to
C-4 Freeway Commercial and M-1 Light Industrial to R-2 Medium
Density Residential for approximately 48.4 acres of land. The area to be
zoned C-4 Freeway Commercial is located between Chicago Street and
Galveston, east of Centennial Way with a small parcel on the corner of
Chicago and Belmont. The area to be zoned R-2 Medium Density
Residential is located on the south end of Whittenberger Park.
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CITY c«,ax F. Case Number ZON-70-10 a request by the City of Caldwell Planning and
Deh>bi Getler Zoning Department for a rezone from C-C City Center to M-1 Light
Industrial for approximately 23.7 acres of land. The site is located north
L.:I:DUN'IL MEMBERS of Simplot Boulevard and east of Centennial Way.
r.-,;(ills ‘-nlisen
B sit 11�, V. Planning and Zoning Issues.
Jtunfokcui
Hob Hoppe. VI. Next Planning & Zoning Commission Scheduled Public Meeting
?t,,, alO<��_ Date: August 10, 2010.
VII. Adjourn
%taNNi►ap Any person needing special accommodations ns to participate in the
°"trus to rR_aTMEHT meeting should contact the City Office at (208) 455-4667 prior to the
621 Cl3veland Blvd. meeting.
Caldwell, ID 83605 g
DReTO Cualquier persona necesitando comodidades especiales pare participar
Brian B;illn sley en la reunion debe contactar at as oficinas de la Ciudad o (lame a (208)
455- 4667 antes de la reunion.
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City Hall •411 Blaine St. •P.O. Box 1179• Caldwell, Idaho 83606 • (208)455 3000 • FAX: (208)455-3003 • www.cityofcaldwell,com
Caldwell Planning & Zoning Commission agenda for Public Hearing on
Tuesday, June 8, 2010 at 7:00 p.m., in the Community Room, Caldwell Police
Department, 110 South 5th Avenue, Caldwell, Idaho.
AGENDA
I. Call to Order
II. Review of Proceedings
III. Old Business
A. Approve Minutes of April 13, 2010 meeting as signed by Chairperson
Jakobson on May 4, 2010.
IV. New Business
A. Case Number SUP-332-10 a request by Caldwell School District, Van Buren
Elementary School and Superior Signs for a special use permit for an
electronic reader board as well as signage exceeding 32 square feet in an R-1
Low Density Residential zone. The proposed signage site is Van Buren
Elementary School addressed as 3115 Marble Front Road.
B. Case Number SUP-333-10 a request by Bobby Butler and Jeffery Miller for a
special use permit for an auction in an M-1 Light Industrial zone. The proposed
site is addressed as 415 Belmont Street.
C. Case Number SUP-334-10 a request by A Storage West, Clearwire and Jason
Evans for a special use permit for a new wireless communications/internet
tower in a C-3 Service Commercial zone. The proposed site is addressed as
4224 Dearborn Street.
D. Case Number SUP-335-10 a request by AT&T/Cingular Wireless, Clearwire
and Jason Evans for a special use permit for a twenty-foot extension to an
existing wireless telecommunications tower in a C-2 Community Commercial
zone. The site is addressed as 2312 Linden Street.
E. Case Number ZON-69-10 a request by the City of Caldwell Planning and
Zoning Department for a rezone from R-2 Medium Density Residential to C-4
Freeway Commercial and M-1 Light Industrial to R-2 Medium Density
Residential for approximately 48.4 acres of land. The area to be zoned C-4
Freeway Commercial is located between Chicago Street and Galveston, east
of Centennial Way with a small parcel on the corner of Chicago and Belmont.
The area to be zoned R-2 Medium Density Residential is located on the south
end of Whittenberger Park.
F. Case Number ZON-70-10 a request by the City of Caldwell Planning and
Zoning Department for a rezone from C-C City Center to M-1 Light Industrial for
approximately 23.7 acres of land. The site is located north of Simplot Boulevard
and east of Centennial Way.
.....
V. Planning and Zoning Issues.
VI. Next Planning & Zoning Commission Scheduled Public Meeting Date:
August 10, 2010.
VII. Adjourn
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 Ia Ciudad o Ilame a (208) 455- 4667
antes de Ia reunion.
CALDWELL PLANNING AND ZONING COMMISSION
MINUTES
June 8,2010
I. Call to Order—Acting-Chairperson Scholz called the meeting to order for the public
hearing at 7:00 p.m.
II. Roll Call-
Members Present: Ken Scholz, David Clark, Ed Doty-Pomoransky and Dana Vance.
Disclosures: Dana Vance recused herself from Case Number SUP-332-10.
Members Absent: Mike Jakobson
Staff Present: Anne Marie Skinner(Senior Planner/Development Team Leader), Brent Orton
(Public Works Director), Brian Billingsley(Planning Director)and April Cabello(Planning
Technician)
Staff Absent: None
Review of Proceeding—Acting-Chairperson Scholz announced the procedures for the public
hearing.
III. OLD BUSINESS
A. Approve minutes of April 13, 2010 meeting as signed by Chairperson Jakobson on
May 4,2010.
MOTION: Commissioner Doty-Pomoransky SECOND: Commissioner Clark.
Unanimously approved.
IV. NEW BUSINESS
A. Elect Ken Scholz as vice-chairperson for the remaining year of 2010.
MOTION: Commissioner Doty-Pomoransky SECOND: Commissioner Clark.
Unanimously approved.
B. Case Number SUP-332-10 a request by Caldwell School District, Van Buren
Elementary School and Superior Signs for a special use permit for an electronic reader
1
P&Z Minutes
6/8/2010
.(I2 Z
1) Anne Marie Skinner, Senior Planner/ Development Team Leader, presented
the staff report and submitted an aerial photo labeled as exhibit PZ-1000.
2) Commissioner Vance asked if all of the building would be used for the
auction.
3) Ms. Skinner replied that part of the building will be used for the auction.
4) Commissioner Scholz asked what type of auction this would be.
5) Ms. Skinner deferred the question to the applicant.
6) Jeff Miller, applicant, signed in favor of the application and provided
supporting testimony. Mr. Miller stated the auction was originally scheduled
for Saturday s but has now been changed to Tuesday evenings. Mr. Miller
explained that this is not a consignment auction because this auction is new
items obtained from liquidators, close-out stores or businesses that have
closed.
7) Commissioner Scholz asked what type of clientele will attend the auction.
8) Mr. Miller stated the auction is geared towards farmers, plumbers and
construction workers.
9) Commissioner Scholz asked if commercial items would be auctioned and
confirmed the hours of operation.
10) Mr. Miller replied that the hours of operation would be 5:30pm to 9:00pm
and lawn mowers, coffee pots to outdoor stuff would be auctioned.
11) Commissioner Doty-Pomoransky asked if the intent is to establish and grow
the business.
12) Mr. Smith replied yes.
13) The Commission, Staff and the applicant,discussed the parking
requirements.
14) Bobby Butler signed in favor of the application and stated he is the property
owner.Mr. Butler said that they had hired a company to rent out a portion of
the building and had been told by this company they would make sure the
tenant is aware of all the City Codes, which did not happen. He stated they
are willing to do whatever is required to help the tenant go forward with the
auction.
15) Ms. Skinner stated that a mistake was made when calculating the auction
area sq. ft. and that the correct sq. ft. is 1932. Ms. Skinner said that the
conditions of the special use will change and that condition 8.13 will need to
be changed from six off-street parking spaces to thirteen off-street parking
spaces and one of the thirteen shall be an ADA-accessible.
16) Silvestre Castaneda signed in favor of the application and stated the building
is in a good location. Mr. Castaneda said the business is a good choice and
the special use should be approved.
17) Commissioner Doty-Pomoransky asked staff how long can the business
operate with a Temporary Certificate of Occupancy.
18) Ms. Skinner explained the process of a Temporary Certificate of Occupancy.
MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Doty-
Pomoransky Passed: Unanimous roll call vote.
Comprehensive Plan Analysis SUP-333-10—Accepted MOTION: Commissioner Vance
SECOND: Commissioner Clark Passed: Unanimous roll call vote.
Findings of Fact on Case Number SUP-333-10—Accepted MOTION: Commissioner Vance
SECOND: Commissioner Clark Passed: Unanimous roll call vote.
3
P&Z Minutes
6/8/2010
E. Case Number SUP-335-10 a request by AT&T/Cingular Wireless, Clearwire and Jason
Evans for a special use permit for a twenty-foot extension to an existing wireless
telecommunications tower in a C-2 Community Commercial zone. The site is addressed
as 2312 Linden Street.
Testimony:
1) Anne Marie Skinner, Senior Planner/ Development Team Leader, presented
the staff report and submitted an aerial photo labeled as exhibit PZ-1000.
2) James Evans, applicant, signed in favor of the application and provided
supporting testimony.
MOTION TO CLOSE TESTIMONY: Commissioner Doty-Pomoransky SECOND:
Commissioner Clark Passed: Unanimous roll call vote.
Comprehensive Plan Analysis SUP-335-10—Accepted MOTION: Commissioner Clark
SECOND: Commissioner Vance Passed: Unanimous roll call vote.
Findings of Fact on Case Number SUP-335-10—Accepted MOTION: Commissioner Clark
SECOND: Commissioner Doty-Pomoransky Passed: Unanimous roll call vote.
Conclusions of Law on Case Number SUP-335-10—The conclusions of law were read and
accepted. MOTION: Commissioner Clark SECOND: Commissioner Vance Passed: Unanimous
roll call vote.
ORDER OF DECISION on Case Number SUP-335-10- MOTION: Commissioner Doty-
Pomoransky SECOND: Commissioner Vance Approved with conditions 8.1 through 8.14.
F. Case Number ZON-69-10 a request by the City of Caldwell Planning and Zoning
Department for a rezone from R-2 Medium Density Residential to C-4 Freeway
Commercial and M-1 Light Industrial to R-2 Medium Density Residential for
approximately 48.4 acres of land. The area to be zoned C-4 Freeway Commercial is
located between Chicago Street and Galveston, east of Centennial Way with a small
parcel on the corner of Chicago and Belmont. The area to be zoned R-2 Medium
Density Residential is located on the south end of Whittenberger Park
Testimony:
1) Brian Billingsley, Planning Director, presented the staff report and submitted
an aerial photo labeled exhibit PZ-1000.
2) Andy Yee signed in neutral of the application and explained his neutral
standing.
3) Llyod Lynd Sr. signed in neutral of the application and asked what the zoning
C-4 stands for and the definition.
4) Commissioner Scholz suggested that staff give Mr. Lynd a copy of the
definitions and suggested that Mr. Lynd set up a meeting with the P&Z staff
for further clarification if needed.
5
P&Z Minutes
6/8/2010
Recommendation on Case Number ZON-70-10- MOTION: Commissioner Doty-Pomoransky
SECOND: Commissioner Vance Approved with conditions 8.1 through 8.2
V. Planning Issues
• None
VI. Adjournment
Adjourn public hearing MOTION: Commissioner Doty-Pomoransky SECOND: Commissioner
Clark Passed: Unanimous roll call vote. The meeting was adjourned at approximately 9:00 pm.
MINUTES APPROVED AND SIGNED BY ACTING CHAIRPERSON KEN SCHOLZ ON
THE DATE . TED BELOW:
/ r
Ken Scholz Date
l r ` r /' •
ATTEST: 'L S `% \
s
Anne Maim kroner, Senior PU nner/Devel`opnent"`f"eatrrYeader
7
P&Z Minutes
6/8/2010
Recommendation on Case Number ZON-70-10- MOTION: Commissioner Doty-Pomoransky
SECOND: Commissioner Vance Approved with conditions 8.1 through 8.2
V. Planning Issues
• None
VI. Adjournment
Adjourn public hearing MOTION: Commissioner Doty-Pomoransky SECOND: Commissioner
Clark Passed: Unanimous roll call vote. The meeting was adjourned at approximately 9:00 pm.
MINUTES APPROVED AND SIGNED BY ACTING CHAIRPERSON KEN SCHOLZ ON
THE DATE .3 TED BELOW:
Ken Scholz Date r
4 '
, ( (12;7.-„117't-'
'/I;
ATTEST: �I`/ � ti
Anne Man. Skinner, Senior Plainer/uevefonmei'it Teem Leader
7
P&Z Minutes
6/8/2010
MOTION TO CLOSE TESTIMONY: Commissioner Clark SECOND: Commissioner Doty-
Pomoransky Passed: Unanimous roll call vote.
Comprehensive Plan Analysis ZON-69-10—Accepted MOTION: Commissioner Clark
SECOND: Commissioner Doty-Pomoransky Passed: Unanimous roll call vote.
Findings of Fact on Case Number ZON-69-10—Accepted MOTION: Commissioner Doty-
Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote.
Conclusions of Law on Case Number ZON-69-10—The conclusions of law were read and
accepted.MOTION: Commissioner Clark SECOND: Commissioner Doty-Pomoransky Passed:
Unanimous roll call vote.
Recommendation on Case Number ZON-69-10- MOTION: Commissioner Doty-Pomoransky
SECOND: Commissioner Vance Approved with conditions 8.1 through 8.2
G. Case Number ZON-70-10 a request by the City of Caldwell Planning and Zoning
Department for a rezone from C-C City Center to M-1 Light Industrial for approximately
23.7 acres of land. The site is located north of Simplot Boulevard and east of Centennial
Way.
Testimony:
I) Brian Billingsley, Planning Director, presented the staff report and submitted
an aerial photo labeled as exhibit PZ-1000.
2) Commissioner Doty-Pomoransky stated that in 2002 there was a planned
round-about at the intersection of Centennial and Simplot and wanted to know
if the round-about will be built.
3) Brent Orton, Public Works Director, stated the round-about is still on the table
but the plans that had been presented at the time was too large and would need
to be smaller. Mr. Orton stated the purpose of the round-about would be a
single point of connection between Simplot, Cleveland, Blaine and Centennial
Blvd.
MOTION TO CLOSE TESTIMONY: Commissioner Clark SECOND: Commissioner Doty-
Pomoransky Passed: Unanimous roll call vote.
Comprehensive Plan Analysis ZON-70-10—Accepted MOTION: Commissioner Clark
SECOND: Commissioner Doty-Pomoransky Passed:Unanimous roll call vote.
Findings of Fact on Case Number ZON-70-10—Accepted MOTION: Commissioner Doty-
Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote.
Conclusions of Law on Case Number ZON-70-10—The conclusions of law were read and
accepted. MOTION: Commissioner Clark SECOND: Commissioner Doty-Pomoransky Passed:
Unanimous roll call vote.
6
P&Z Minutes
6/8/2010
E. Case Number SUP-335-10 a request by AT&T/Cingular Wireless, Clearwire and Jason
Evans for a special use permit for a twenty-foot extension to an existing wireless
telecommunications tower in a C-2 Community Commercial zone. The site is addressed
as 2312 Linden Street.
Testimony:
1) Anne Marie Skinner, Senior Planner/ Development Team Leader, presented
the staff report and submitted an aerial photo labeled as exhibit PZ-1000.
2) James Evans, applicant, signed in favor of the application and provided
supporting testimony.
MOTION TO CLOSE TESTIMONY: Commissioner Doty-Pomoransky SECOND:
Commissioner Clark Passed: Unanimous roll call vote.
Comprehensive Plan Analysis SUP-335-10—Accepted MOTION: Commissioner Clark
SECOND: Commissioner Vance Passed: Unanimous roll call vote.
Findings of Fact on Case Number SUP-335-10—Accepted MOTION: Commissioner Clark
SECOND: Commissioner Doty-Pomoransky Passed: Unanimous roll call vote.
Conclusions of Law on Case Number SUP-335-10—The conclusions of law were read and
accepted. MOTION: Commissioner Clark SECOND: Commissioner Vance Passed: Unanimous
roll call vote.
ORDER OF DECISION on Case Number SUP-335-10- MOTION: Commissioner Doty-
Pomoransky SECOND: Commissioner Vance Approved with conditions 8.1 through 8.14.
F. Case Number ZON-69-10 a request by the City of Caldwell Planning and Zoning
Department for a rezone from R-2 Medium Density Residential to C-4 Freeway
Commercial and M-1 Light Industrial to R-2 Medium Density Residential for
approximately 48.4 acres of land. The area to be zoned C-4 Freeway Commercial is
located between Chicago Street and Galveston, east of Centennial Way with a small
parcel on the corner of Chicago and Belmont. The area to be zoned R-2 Medium
Density Residential is located on the south end of Whittenberger Park
Testimony:
1) Brian Billingsley, Planning Director, presented the staff report and submitted
an aerial photo labeled exhibit PZ-1000.
2) Andy Yee signed in neutral of the application and explained his neutral
standing.
3) Llyod Lynd Sr. signed in neutral of the application and asked what the zoning
C-4 stands for and the definition.
4) Commissioner Scholz suggested that staff give Mr. Lynd a copy of the
definitions and suggested that Mr. Lynd set up a meeting with the P&Z staff
for further clarification if needed.
5
P&Z Minutes
6/8/2010
Conclusions of Law on Case Number SUP-333-1.0—The conclusions of law were read and
accepted. MOTION: Commissioner Vance SECOND: Commissioner Clark Passed: Unanimous
roll call vote.
ORDER OF DECISION on Case Number SUP-333-10-MOTION: Commissioner Vance
SECOND: Commissioner Clark Approved with conditions 8.1 through 8.12 with the following
correction:
• Correction to 8.13 from six off-street parking spots to thirteen off-street parking
spots with one parking spot being ADA compliant.
D. Case Number SUP-334-10 a request by A Storage West, Clearwire and Jason Evans
for a special use permit for a new wireless communications/internet tower in a C-3
Service Commercial zone. The proposed site is addressed as 4224 Dearborn Street.
Testimony:
1) Anne Marie Skinner, Senior Planner/Development Team Leader, presented
the staff report and submitted an aerial photo labeled as exhibit PZ-1000.
2) Commissioner Clark asked the color and height of the tower.
3) Ms. Skinner stated the tower is 80 feet high and deferred the question about
the color to the applicant.
4) Jason Evans,applicant, signed in favor of the application and provided
supporting testimony. Mr.Evans stated the color is normally galvanized but
can be any color.
MOTION TO CLOSE TESTIMONY: Commissioner Doty-Pomoransky SECOND:
Commissioner Vance Passed: Unanimous roll call vote.
Comprehensive Plan Analysis SUP-334-10—Accepted MOTION: Commissioner Vance
SECOND: Commissioner Clark Passed: Unanimous roll call vote.
Findings of Fact on Case Number SUP-334-10—Accepted MOTION: Commissioner Doty-
Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote.
Conclusions of Law on Case Number SUP-334-10—The conclusions of law were read and
accepted. MOTION: Commissioner Doty-Pomoransky SECOND: Commissioner Clark Passed:
Unanimous roll call vote.
ORDER OF DECISION on Case Number SUP-334-10-MOTION: Commissioner Clark
SECOND: Commissioner Vance Approved with conditions 8.1 through 8.15.
4
P&Z Minutes
6/8/2010
1) Anne Marie Skinner, Senior Planner/ Development Team Leader, presented
the staff report and submitted an aerial photo labeled as exhibit PZ-1000.
2) Commissioner Vance asked if all of the building would be used for the
auction.
3) Ms. Skinner replied that part of the building will be used for the auction.
4) Commissioner Scholz asked what type of auction this would be.
5) Ms. Skinner deferred the question to the applicant.
6) Jeff Miller, applicant, signed in favor of the application and provided
supporting testimony. Mr. Miller stated the auction was originally scheduled
for Saturday s but has now been changed to Tuesday evenings. Mr. Miller
explained that this is not a consignment auction because this auction is new
items obtained from liquidators, close-out stores or businesses that have
closed.
7) Commissioner Scholz asked what type of clientele will attend the auction.
8) Mr. Miller stated the auction is geared towards farmers, plumbers and
construction workers.
9) Commissioner Scholz asked if commercial items would be auctioned and
confirmed the hours of operation.
10) Mr. Miller replied that the hours of operation would be 5:30pm to 9:00pm
and lawn mowers, coffee pots to outdoor stuff would be auctioned.
11) Commissioner Doty-Pomoransky asked if the intent is to establish and grow
the business.
12) Mr. Smith replied yes.
13) The Commission, Staff and the applicant, discussed the parking
requirements.
14) Bobby Butler signed in favor of the application and stated he is the property
owner. Mr. Butler said that they had hired a company to rent out a portion of
the building and had been told by this company they would make sure the
tenant is aware of all the City Codes, which did not happen. He stated they
are willing to do whatever is required to help the tenant go forward with the
auction.
15) Ms. Skinner stated that a mistake was made when calculating the auction
area sq. ft. and that the correct sq. ft. is 1932. Ms. Skinner said that the
conditions of the special use will change and that condition 8.13 will need to
be changed from six off-street parking spaces to thirteen off-street parking
spaces and one of the thirteen shall be an ADA-accessible.
16) Silvestre Castaneda signed in favor of the application and stated the building
is in a good location. Mr. Castaneda said the business is a good choice and
the special use should be approved.
17) Commissioner Doty-Pomoransky asked staff how long can the business
operate with a Temporary Certificate of Occupancy.
18) Ms. Skinner explained the process of a Temporary Certificate of Occupancy.
MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Doty-
Pomoransky Passed: Unanimous roll call vote.
Comprehensive Plan Analysis SUP-333-10—Accepted MOTION: Commissioner Vance
SECOND: Commissioner Clark Passed: Unanimous roll call vote.
Findings of Fact on Case Number SUP-333-10—Accepted MOTION: Commissioner Vance
SECOND: Commissioner Clark Passed: Unanimous roll call vote.
3
P&Z Minutes
6/8/2010
board as well as signage exceeding 32 square feet in an R-1 Low Density Residential
zone. The proposed signage site is Van Buren Elementary School addressed as 3115
Marble Front Road.
Testimony:
1) Anne Marie Skinner, Senior Planner/Development Team Leader, presented
the staff report and submitted an aerial photo labeled as exhibit PZ-1000. Ms.
Skinner read into the record an email of opposition dated June 8, 2010 from
Mike Kaplan, labeled as exhibit PZ-1001.
2) Commissioner Clark asked about exterior lighting in the surrounding area.
3) Brent Orton, Public Works Director, stated he would research street lights in
the area and have an answer before the closing of the public testimony.
4) Commissioner Doty-Pomoransky stated his concern for the subdivision
across the street from the school and the location of the sign.
5) Melissa Langan, applicant, signed in favor of the application and provided
supporting testimony. Ms. Langan informed the commission that the PTA
raised the funds to pay for the sign and no tax dollars would be spent on the
design, construction and installation of the sign.
6) Commissioner Scholz wanted to know if other schools turn off their reader
board signs at night.
7) Ms. Skinner said to the best of her knowledge there are two schools that do
not turn off their signs at night.
8) Mr. Orton stated that there are two street lights across the street from the
school at the intersection.
9) Ms. Langan stated they have the option to dim the sign at night.
MOTION TO CLOSE TESTIMONY: Commissioner Clark SECOND: Commissioner Doty-
Pomoransky Passed: Unanimous roll call.vote.
Comprehensive Plan Analysis SUP-332-10—Accepted MOTION: Commissioner Doty-
Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote.
Findings of Fact on Case Number SUP-332-10—Accepted MOTION: Commissioner Doty-
Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote.
Conclusions of Law on Case Number SUP-332-10—The conclusions of law were read and
accepted. MOTION: Commissioner Doty-Pomoransky SECOND: Commissioner Clark Passed:
Unanimous roll call vote.
ORDER OF DECISION on Case Number SUP-332-10- MOTION: Commissioner Doty-
Pomoransky SECOND: Commissioner Clark Approved with conditions 8.1 through 8.17.
C. Case Number SUP-333-10 a request by Bobby Butler and Jeffery Miller for a special
use permit for an auction in an M-1 Light Industrial zone. The proposed site is
addressed as 415 Belmont Street.
Testimony:
2
P&Z Minutes
6/8/2010
CALDWELL PLANNING AND ZONING COMMISSION
MINUTES
June 8,2010
I. Call to Order—Acting-Chairperson Scholz called the meeting to order for the public
hearing at 7:00 p.m.
II. Roll Call-
Members Present: Ken Scholz, David Clark, Ed Doty-Pomoransky and Dana Vance.
Disclosures: Dana Vance recused herself from Case Number SUP-332-10.
Members Absent: Mike Jakobson
Staff Present: Anne Marie Skinner(Senior Planner/Development Team Leader), Brent Orton
(Public Works Director), Brian Billingsley(Planning Director)and April Cabello(Planning
Technician)
Staff Absent: None
Review of Proceeding—Acting-Chairperson Scholz announced the procedures for the public
hearing.
III. OLD BUSINESS
A. Approve minutes of April 13, 2010 meeting as signed by Chairperson Jakobson on
May 4, 2010.
MOTION: Commissioner Doty-Pomoransky SECOND: Commissioner Clark.
Unanimously approved.
IV. NEW BUSINESS
A. Elect Ken Scholz as vice-chairperson for the remaining year of 2010.
MOTION: Commissioner Doty-Pomoransky SECOND: Commissioner Clark.
Unanimously approved.
B. Case Number SUP-332-10 a request by Caldwell School District, Van Buren
Elementary School and Superior Signs for a special use permit for an electronic reader
1
P&Z Minutes
6/8/2010
P2•Z
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CASE NAME: Van Buren reader board Special Use
CASE NUMBER: SUP-332-10
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C? ' 3
Page 1 of 2
Brian Billingsley
From: Mike Kaplan [KAPSM @AOL.COM]
Sent: Tuesday, June 08, 2010 3:28 PM
To: Brian Billingsley
Subject: Electronic Reader Board
Brian Billingsley
Director
Planning and Zoning Comminssion
Caldwell, Idaho 83605
Dear Brian:
Re: Case # SUP-332-10
As an close resident to the Van Buren Elementary School on Marble Front Rd., I emphatically oppose
the proposal to add an electronic reader board to the school site.
We live in a semi-rural area which has no electronic or neon signage to further pollute our semi-quiet,
peaceful atmosphere and most importantly, an electronic reader board poses safety
hazards for drivers taking their eyes off the road to look at whatever inconsequential messages may be
floating across the board. This is particularly dangerous when the school is directly opposite a
subdivision where
children and parents frequently cross.
Moreover, this is a frivolous waste of taxpayer money at a time when every government agency is
strapped for revenue and where in Idaho, teachers' salaries have been summarily cut.
The idea of adding this unnecessary and harmful window dressing to the school and Marble Front Road
should be refused and I urge the Planning and Zoning Commission to reject the permit application
forthwith.
Yours sincerely.
Mike Kaplan
MIKE KAPLAN
kapsm @aol.com
CIRCLE ASSOCIATES LTD.
3323 MARBLE FRONT RD.
CALDWELL, ID. 83605
(208)455-3457
(310)927-4860-Cell
(208)453-1136-Fax
6/8/2010 _10\
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7 Van Buren Elementary School
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Debbie Geyer Caldwell, ID 83605
CouNCnMENte Rs RE: Case No. SUP-332-10 (Van Buren Sign Special Use)
Dennis Colleen
Rob Oates To Whom It May Concern:
Bob Sobba
Jim Dokan Enclosed for your files please find a copy of the above-referenced Order of Decision
Rob Hopper as approved by the Caldwell Planning and Zoning Commission on June 8, 2010 and
Jim Blocker signed on June 25, 2010 by Acting Chairperson Scholz. Please refer to Section 8 for
conditions of approval.
Please note the following as per Idaho State Code, Section 67-6519:
ZONING & The applicant has the right to request a regulatory taking analysis pursuant to
ZONNG DEPARTMENT
621 Cleveland Blvd. Section 67-8003, Idaho Code. Additionally, an applicant denied an application
Caldwell, ID 83605 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
D,RECTOn or failure to act upon an application for a subdivision, variance, special use
Brian Billingsley, permit; or, approval of an annexation; or, approval or denial of a rezone)
nice aggrieved by a final decision, may, within 28 days after all remedies have
been exhausted under local ordinances, seek judicial review under the
,PHONE procedures provide by Chapter 52,Title 67, Idaho Code.
(208) 455 3021
r -- If I can be of any assistance or if you have an
y y any question, please call me at 455-4662.
ncerely,
1 1
Anne'Marie Skihirer __;
Senior Planner/Development Team Leader
Enclosure
Cc: Case File
Superior Signs
812 Main Street
Caldwell, ID 83605
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City Hall • '11 Blaine St. • P.O. Box 1179 f Caldwell, Idaho 83606 • (208)455 3000 • FAX: (208) 455-3003 • www.cityofcoldwell.com
IQ'— L(
ORDER OF DECISION
BY THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD JUNE 8, 2010
Subject: Case No. SUP-332-10 (Van Buren Sign SUP)
THE FOLLOWING LAND USE ACTIONS ARE THE PRIMARY FEATURES OF THIS
APPLICATION:
• SPECIAL USE PERMIT REQUEST FOR AN ELECTRONIC READER BOARD/INTERNAL
ILLUMINATION AND SIGNAGE EXCEEDING THIRTY-TWO SQUARE FEET IN SIZE
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-332-10 to be held before the Caldwell Planning and Zoning Commission on June 8,
2010. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act,
have been met. On May 21, 2010 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 May 23, 2010
notice was published in the Idaho-Press Tribune; and, on May 28, 2010 notice was posted on
the site.
1.2 On June 8, 2010, the Caldwell Planning and Zoning Commission approved all portions of
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 OWNER/APPLICANT/DEVELOPER: Van Buren Elementary School, 3115 Marble Front Road,
Caldwell, ID 83605.
SUP-332-10(Van Buren sign SUP) Page 1 of 6
ORDER OF DECISION
P2 (-(
2.2 SIGN DESIGNER: Superior Signs, 812 Main Street, Caldwell, ID 83605.
2.3 REQUEST: The owner/applicant/developer is seeking approval for a special use permit for an
electronic reader board and for signage exceeding the allowed thirty-two square feet in size.
The site for the proposed signage is addressed as 3115 Marble Front Road.
2.4 BACKGROUND: The subject property is Van Buren Elementary School. There is no signage
currently existing on the site.
The proposed monument sign will stand fourteen (14) feet high.
There will be three portions to the sign:
- The sign showing "Van Buren Elementary" will be approximately 15 square feet in
size and will be internally illuminated.
- The electronic reader board sign will be approximately 14 square feet in size.
- The sign showing "Proud Sponsors of Van Buren Elementary" will be approximately
6 square feet in size and will not be illuminated.
The 3 signs together total 35 square feet which is 3 feet over what is allowed for a school in a
residential district without special use permit approval. Additionally, both the electronic reader
board and the internal illumination of the 15-square foot sign both require special use permit
approval.
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 Public.
2.7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
2.7.1 Land Use: The subject property is surrounded by the following:
Direction Zone Comprehensive Plan Map Use
North R-1 Public Open Space Bare
South R-1 Low Density Res Res
West County Low Density Res Ag
East County Low Density Res Ag/Res
2.7.2 Transportation/Connectivity: The subject property has frontage on Marble Front Road.
2.7.3 Public Services, Utilities and Facilities: The engineering department, fire plans examiner,
building department, police department, Caldwell School District and Idaho Power were all
sent a request for comment on May 18, 2010. The engineering department and fire
department were the only agencies to respond and they provided the following:
Fire Department Comments:
This office has no objections or concerns to SUP-332-10.
SUP-332-10(Van Buren sign SUP) Page 2 of 6
ORDER OF DECISION
Engineering Department Comments:
The sign shall be located outside the public right-of-way. Marble Front Road is classified as a
collector with a one-half width right-of-way of forty feet.
No permanent structures shall be placed within easements.
The design the sign must be certified and sealed by a professional engineer who is currently
licensed in the State of Idaho.
2.7.4 Landscaping: The requested signage is being placed in the already-existing street landscape
buffer along Marble Front Road.
2.8 General: The requested use of an electronic reader board/internally illuminated signage and
oversized signage is permitted upon special use permit approval through the public hearing
process.
III TESTIMONY BEFORE THE PLANNING AND ZONING COMMISSION, JUNE 8, 2010
3.1 Anne Marie Skinner, Senior Planner/Development Team Leader, presented the staff report
and submitted an aerial photo labeled as exhibit PZ-1000. Ms. Skinner read into the record an
email of opposition dated June 8, 2010 from Mike Kaplan, labeled as exhibit PZ-1001.
3.2 Commissioner Clark asked about exterior lighting in the surrounding area.
3.3 Brent Orton, Public Works Director, stated he would research street lights in the area and have
an answer before the closing of the public testimony.
3.4 Commissioner Doty-Pomoransky stated his concern for the subdivision across the street from
the school and the location of the sign.
3.5 Melissa Langan, applicant, signed in favor of the application and provided supporting
testimony. Ms. Langan informed the commission that the PTA raised the funds to pay for the
sign and no tax dollars would be spent on the design, construction and installation of the sign.
3.6 Commissioner Scholz wanted to know if other schools turn off their reader board signs at
night.\
3.7 Ms. Skinner said to the best of her knowledge there are two schools that do not turn off their
signs at night.
3.8 Mr. Orton stated that there are two street lights across the street from the school at the
intersection.
3.9 Ms. Langan stated they have the option to dim the sign at night.
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
SUP-332-10(Van Buren sign SUP) Page 3 of 6
ORDER OF DECISION
V COMPREHENSIVE PLAN ANALYSIS
The Caldwell Planning and Zoning Commission 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.
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.
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.
GOALS & POLICIES —Community Design
Goal 1: Foster growth and redevelopment in a manner that will enhance and improve
the City's visual image.
Policy 1-1: Promote, encourage and maintain an aesthetically pleasing city.
Policy 1-4: Ensure that new development enhances rather than distracts from the visual image
of surrounding areas.
5.2 The request was not found to be inconsistent with any portion of the Comprehensive Plan
Components.
Staff recommends approval of the request for an electronic reader board/internally
illuminated signage and signage exceeding thirty-two square feet in size.
SUP-332-10 (Van Buren sign SUP) Page 4 of 6
ORDER OF DECISION
VI FINDINGS OF FACT
6.1 The Caldwell Planning and Zoning Commission accepts the facts outlined in the staff report,
public testimony and the evidence list consisting of the case file, written and verbal staff
reports and Exhibit PZ-1000 (an aerial photo submitted by Anne Marie Skinner) and Exhibit
PZ-1001 (an email of opposition from Mike Kaplan and read into the record by Anne Marie
Skinner).
VII CONCLUSIONS OF LAW
7.1 The Caldwell Planning and Zoning Commission 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 Planning and Zoning
Commission hereby orders that Case No. SUP-332-10, a request by Caldwell School District,
Van Buren Elementary School and Superior Signs for a special use permit for an electronic
reader board, internally illuminated signage and for signage exceeding 32 square feet in an R-
1 Low Density Residential zone at Van Buren Elementary School addressed as 3115 Marble
Front Road 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 six months of the date of signature on the order of decision showing approval of the
special use permit, a sign permit application shall be submitted for the approved electronic
reader board, internally illuminated signage and signage exceeding thirty-two square feet in
size. If the sign permit application is not submitted 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. One, and only one, administrative extension may be granted by the
Planning and Zoning Director, after completing the administrative determination request form,
allowing an additional six months to submit the sign permit application.
8.6 Within twelve months of the submittal of the sign permit application, the sign permit shall be
obtained and the sign installed. If the permit is not obtained and the sign is not installed 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.
8.7 The owner/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.
8.8 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
SUP-332-10(Van Buren sign SUP) Page 5 of 6
ORDER OF DECISION
substantial, the change(s) shall only be allowed if approval is received through the public
hearing process.
8.9 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.
8.10 The owner/applicant/developer shall fully comply with all provisions of the special use permit
ordinance Section 10-03-04.
8.11 All requirements of the Building Department related to this sign shall be met and adhered to or
the sign shall be removed immediately.
8.12 The sign permit shall be obtained prior to installation of the requested signs. The installed
signage shall be subject to inspection by the Building Department. An incorrectly-installed sign
or a sign that doesn't meet all the requirements of city, without the appropriate permit, shall be
removed immediately by the owner/applicant/developer or the City shall remove the sign and
dispose of it and bill the owner/applicant/developer for any sign-removal related expenses.
8.13 The signs to be installed shall replicate the rendition and conditions submitted with the special
use permit application identified as Exhibit A-3.
8.14 The sign shall always look clean, neat and maintained and free from chipping, fading or
peeling paint and any other unsightly condition.
8.15 All portions of the sign and the entire signage structure shall be located outside the public
right-of-way.
8.16 The design of the sign must be certified and sealed by a professional engineer who is
currently licensed in the State of Idaho.
8.17 The sign cannot be placed within any public utility easements without written permission from
the utility. Should the utility not grant permission, the sign shall be moved outside of the public
utility easement. The sign may be placed within a landscaping easement or the street
landscape buffer.
CASE NUMBER SUP-332-10 WAS HEARD BY THE CALDWELL PLANNING AND ZONING
COMMISSION AT A PUBLIC HEARING HELD JUNE 8, 2010.
THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION WERE
ADMINISTRATIVELY APPROVED AND SIGNED BY THE VICE CHAIRPERSON ON THE DATE
NOTE •d .
w,
Kenneth lz,
o'o - Chairperson
Date
VTT T: "7 r, , , . ,,, ___,t
,, ) i ( t \Vin,,, , Y , ' '
Anne'Marie SkinriOit, Senior , ev. Team Leader
SUP-332-10(Van Buren sign SUP) Page 6 of 6
ORDER OF DECISION