HomeMy WebLinkAbout02 Staff (2) BEFORE THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL, IDAHO
JULY 11, 2006
To: Planning and Zoning Commission
From: Brian Billingsley, AICP, Senior Planner
Subject: Staff Report— Case No. SUP-273-06
Date: July 3, 2006
THE FOLLOWING LAND USE ACTION IS A FEATURE OF THIS APPLICATION:
• A SPECIAL USE PERMIT TO CONVERT A COMMERCIAL BUILDING INTO A COUNTY
MOTOR VEHICLE LICENSING FACILITY IN AN C-3 SERVICE COMMERCIAL 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
IX OTHER CONDITIONS OF APPROVAL
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on Case
No. SUP-261-06, to be held before the Caldwell Planning and Zoning Commission on July 11,
2006. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were
met. On June 20, 2006 notice was published in the Idaho-Press Tribune; on June 23, 2006
notice was mailed to all property owners within 300 feet of the project site and to all political
subdivisions providing services to the site; and, on June 28, 2006 notice was posted on the site.
1.2 Files and exhibits relative to this application are available for review in the Community
Development Department and will be available for review at all public hearings.
II GENERAL FACTS
2.1 APPLICANT: Canyon County Crime Lab, 1115 Albany Street, Caldwell, Idaho 83605
APPLICANT'S REPRESENTATIVE: Houston-Bugatsch Architects, 1307 N. 39th Street, Suite
103, Nampa, ID 83687
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to
OWNER: Canyon County, 1115 Albany Street, Caldwell, Idaho 83605
2.2 REQUEST: A special use permit to convert two units of a commercial building into a motor
vehicle licensing facility.
2.3 BACKGROUND: This use would take up two-thirds of a commercial building. The other portion
of the building is used by an insurance/investment company. The building has a total of 26
parking spaces available to both businesses. The County plans on creating an employee
parking lot (approximately 15 vehicles) behind the complex on unincorporated property (County
jurisdiction).
2.4 LOCATION: The proposed site is located at 6618 Cleveland Blvd., Suites B & C.
2.5 LEGAL DESCRIPTION: A legal description for the development is attached to the application.
2.6. COMPREHENSIVE PLAN DESIGNATION: Commercial.
2.7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
2.7.1 Property Rights: Staff reviewed the five checklist criteria set forth by the Attorney General in the
"Idaho Regulatory Takings Act Guidelines" and did not answer yes to any of the criteria.
2.7.2 Land use: Zoning Ordinance No. 1451, Section 10-02-02 indicates that a special use permit is
required in this zone for a public facility. The site is along a major highway and is located at the
far southern end of the City.
2.7.3 Community Development
STAFF COMMENTS:
1. What are the plans for VIN inspections and commercial license testing? State law provides
for vehicles as long as 75' to be on Idaho roads. Commercial vehicles, motor homes, and
travel trailers will need access to this facility. There currently is no adequate space in the
parking area on the front side of the complex for commercial vehicles. How will parking for
large commercial vehicles be handled?
2. We would like to know the average number of car licenses issued on a daily basis for the
Nampa and Caldwell licensing offices over the past year. Staff wants to calculate parking
demand to make certain the 26 parking spaces is adequate to handle customer parking.
Please be advised that this facility will share parking spaces with another business.
3. City code requires one parking space for every 250 square feet. Staff estimates that if this
facility is 3,500 square feet in size the Code would require a minimum of 14 parking spaces.
If the Planning and Zoning Commission feels that more parking is needed, then it should
place a condition on the special use permit requiring additional parking.
4. The site has a 4-foot chain link fence along the southern property line.
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2.7.4 Transportation: Access to the property will be off of Cleveland Blvd. The proposed employee
parking lot would utilize a secondary access point to Cleveland Blvd.
2.7.5 Public Services, Utilities and Facilities: In a memo dated June 30, 2006, the Engineering
Department submitted the following comments:
The Engineering Department does not object to a request for a Special Use Permit by Canyon
County for a State Department of Motor Vehicles facility located in suites B and C of 6618
Cleveland Blvd.
2.7.6 Fire Protection: The Caldwell Fire Department was notified of this request on June 12, 2006.
No response was received.
III TESTIMONY BEFORE THE PLANNING AND ZONING COMMISSION, JULY 11, 2006
3.1 Reserved for Planning and Zoning Commission.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell 1977 Comprehensive Plan, as amended.
4.2 City of Caldwell Zoning Ordinance No. 1451, as amended.
4.3 Idaho Code, Chapter 65, Local Planning Act
V COMPREHENSIVE PLAN ANALYSIS — The Planning & Zoning Commission may accept the
following Comprehensive Plan Components as written or modify as necessary:
5.1 Property Rights -
GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property
rights, adversely impact property values or create unnecessary technical limitations on the use
of the property.
OBJECTIVE B: To identify potential takings of private property prior to a regulatory or
administrative action on specific property.
POLICY 1: Planning and zoning actions may be subject to a regulatory takings analysis
provided in section 67-8003 of the Idaho Code. Staff will follow the Attorney General's Checklist
Criteria outlined in the Idaho Regulatory Taking Act Guidelines prior to initiating any proposed
regulatory or administrative action on specific property and to request legal counsel's review if
any one of the criteria is answered in the affirmative. Staff reviewed the five criteria outlined
in the Takings Act Guidelines and did not answer yes to any of the criteria.
5.2 Special Areas or Sites Component
OBJECTIVE B: To protect those areas that defines a sense of community and serve as visible
reminders of Caldwell's history, architecture and cultural heritage.
5.3 Economic Development -
GOALS:
I. To promote economic development initiatives relating to housing, business, jobs, schools,
recreational opportunities, infrastructure systems, public utilities and facilities, and public
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services.
5.4 Natural Resources -
If approved, the Applicant will be required to meet the standards set forth in the City's Storm
Drainage Policy.
OBJECTIVE B: To meet the requirements of local, state and federal water quality and run-off
standards through a variety of practices and facilities.
POLICY 5: City staff will work with the irrigation districts to preserve the community's water
table at its current level.
5.5 Public Services, Utilities and Facilities -
GOALS: I. To ensure that there are adequate public services and infrastructure to meet the
needs of the public.
OBJECTIVE B: To coordinate efforts among public agencies in order to provide better services
to the public.
POLICY 1: To assure that the developer provides adequate water supply for fire flow.
POLICY 7: Require new development to meet design standards policies, as adopted by the
City, and any other applicable public entities adopted policies for public infrastructure
improvements.
5.6 Transportation -
GOALS APPLICABLE TO CIRCULATION:
I. To provide for the efficient, safe, and cost-effective movement of people and goods.
OBJECTIVE A: To encourage the adoption of standards for parking and street sections that
strike a balance between safe access, adequate parking, fire safety and support for pedestrian
circulation.
VI FINDINGS OF FACT
6.1 The Caldwell Planning and Zoning Commission accepts: 1) The facts outlined in the staff
report; 2) Public testimony; 3) Evidence list, as well as:
NOTE: (Any pertinent facts brought forward under public testimony should be included as a
part of the Findings.)
VII CONCLUSIONS OF LAW
7.1 The Planning & Zoning Commission has the authority to hear this case and to 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.
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VIII PLANNING & ZONING COMMISSION'S ORDER OF DECISION
8.1 Based on the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission
hereby orders that Case No. SUP-273-06, a request by Canyon County for a special use permit
to open a motor vehicle testing and licensing facility at 6618 Cleveland Blvd., is hereby
approved/denied with the following conditions, if approved:
8.2 The specific terms and conditions placed on the Special Use Permits shall run with the land and
remain valid upon a change of ownership, or until such time the Permit may be revoked,
become invalid, replaced with another approved use, or the use is discontinued for more than a
year. The Special Use Permit is not transferable from the approved site to another site.
8.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with
all conditions placed upon the Special Use Permit.
8.4 No change to the conditions and terms of the Special Use Permit, as approved, shall be
undertaken by the Applicant, or future assigns having an interest in the subject property, until
the Community Development Director has reviewed the proposed change(s) and determined
whether or not the change(s) is substantial. If the change(s) are determined to be substantial,
an amendment shall only be approved by the public hearing process.
8.5 Any violation of the terms and conditions of the Special Use Permits by the Applicant, or future
assigns having an interest in the subject property, will 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.
8.6 A building permit or change in use permit shall be obtained within 12 months from the
date of signing the Order of Decision or the Applicant, or future assigns having an interest in
the subject property, shall request a six-month extension from the Community Development
Director. No further extensions shall be granted. Any new uses at the site are subject to the
appropriate City agency review.
8.7 All of the requirements placed on the change in use permit by the Community Development
Director, Building Official, Fire Marshall, City Engineer and any other applicable agency having
review authority shall be met prior to an occupancy permit being issued.
8.8 The Applicant shall utilize surface irrigation water for landscape irrigation, not potable water.
8.9 The Applicant will not be permitted to allow commercial vehicles to park in the front parking lot
unless a plan is presented to and approved by the City Fire Department and Community
Development Department.
8.10 An employee parking lot containing at least 15 parking spaces shall be placed behind the
subject property within six (6) months of approval.
IX OTHER CONDITIONS OF APPROVAL
9.1 Reserved for Planning and Zoning Commission.
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