Loading...
HomeMy WebLinkAbout05 Hearing Examiner PLANNING AND ZONING eat vi a_, ITEM DATE SUBMITTED BY Pa-l O nr + _ -1-2 ©3 MC-7 LoLi C ha+'rman 7P Z.- 2 Proles o Deco sion 6;, _ 244- 03 Jan, c C�✓ c;hute CAa1>v„kn p Z - 3 ia.n u- (Q - 12 - 0 3 Ja✓) , G Cfr cti u/c 1)7 .- e4 W1- efa 66( PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: : STREET ADDRESS: /p` 3 4-1 / CITY/STATE/ZIP: X / `u.�c t. 1/ c.T.t g r3 6 NAME OF CASE BEING HEARD: ********************************A AkA***********************irk********************AAA A******* Check the appropriate line: Applicant or Representative , I Neutral/ wish to speak i do not wish to speak In favor/ I Opposed/ wish to speak I wish to speak do not wish to speak I do not wish to speak Written comments may be attached to this form or you may write them in below. Pz- t CASE NO. SUP-189-03 — COSME TAPIA ORDER OF DECISION BEFORE THE PLANNING AND ZONING COMMISSION CITY OF CALDWELL, IDAHO JUNE 12, 2003 AN APPLICATION SUBMITTED BY COSME TAPIA FOR A PLANNED UNIT DEVELOPMENT TO PLACE A CONTRACTOR STORAGE YARD AND A TACO WAGON ON A SINGLE PARCEL OF LAND LOCATED IN A SERVICE COMMERCIAL (C-3) 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 I COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application SUP-189-03, to be held before the Planning and Zoning Commission on June 12, 2003. Public notice requirements as set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On May 28, 2003 notice was published in the Idaho Press Tribune, and on May 23, 2003 notice was mailed to all property owners within 300 feet of the project site; and, on May 29, 2003 notice was posted on the site. 1.2 Files and exhibits relative to this application will be available for review in the Community Development Department, Caldwell City Hall, as well as all public hearings. II GENERAL FACTS 2.1 APPLICANT: Cosme Tapia — 423 Main Street, Caldwell, Idaho 83605 2.2 OWNER: Melvin Wageman - 3508 South Wisconsin Avenue, Caldwell, Idaho 83605 2.3 REQUEST: Mr. Wageman owns two adjoining parcels, in downtown Caldwell, on 5th Avenue between Main Avenue on the south and the Union Pacific Railroad right-of-way on the north. Cosme Tapia has leased both of these parcels from Mr. Wageman since 1995. The land parcel closest to Main is parcel R05079, which possesses 70 feet of frontage on Main and is 150 feet deep; the adjoining parcel to the north, RO5078, has 50 feet of frontage on Main and is likewise, 150 deep (7500 square feet). Mr. Tapia is desirous of placing a taco wagon on the later parcel, which is already occupied to the rear by a contractor storage yard. In order to place two land uses on a single parcel of land requires the applicant to acquire a Planned Unit Development through the special use permitting process. Accordingly, Mr. Tapia has made application to place a Taco Wagon on roughly the first 78.5 feet of the property as measured back from the curb. The remaining 71.5 feet of the property (to the northwest) will b e utilized as a contractor's storage yard. Mr. Tapia w ill b e installing a 6-foot high cedar fence between the area utilized for food service and that intended for construction purpose. Mr. Tapia plans to pave the portion of the property where the 7'x 22' Taco Wagon will be installed. He will also have to mitigate the storm water caused the creation of an impervious surface. Mr. Tapia will be required to Page 1 of 7 Public Hearin of June 12, 2003 SC* D install 6 parking stalls on zrrrs paved surface with one of these st4trs designated for ADA purpose. He • will also have to install landscape over an area covering at least 5 percent of the lot, dedicated for food service activity, and irrigate that portion so dedicated. Additionally, Mr. Tapia may have some obligation to improve the curb, gutter, sidewalk and driveway entrance along the 50-foot 5th Avenue frontage. The placement of taco wagons in Caldwell present certain land use and health issues due to the transitory nature of the operation. Frequently, the proprietor has not acquired the permits necessary to conduct this type of operation in Caldwell. Mr. Tapia's effort to follow the land use rules by securing permits and providing for the necessary compliances, establishes a bench mark that other taco wagon vendors locating in Caldwell will be measured against. 2.4 LOCATION: 423 Main Street Caldwell, Idaho 83605 2.4.1 LEGAL DESCRIPTION: The southwesterly 70 feet of lots 7, 8,9,10,11,12, Block 73,according to the revised map of Caldwell, Idaho, filed July 29, 1891 in book 1 of plats, page 20, in the office of the County Recorder, Canyon, County, Idaho. 2.4.2 COMPREHENSIVE PLAN DESIGNATION: Commercial. 2.5 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: 2.6 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 School Facilities and Transportation: The Caldwell School District was notified of the request through mailing of the public hearing notice on May 23, 2003. 2.8 Zoning Ordinance No. 1451, Section 10-02-01, General Regulations, allow only one of the uses set forth i n Table 1 , L and Use Schedule, to be permitted o n one I ot, u nless otherwise a pproved under Section 10-03-07, Planned Unit Developments (PUD). Planned Unit Developments are approved through the special use permit process. Thus, two dwelling units are allowed on one lot in a C-3 zone by way of a PUD through a special use permit. Section 10-03-07 of the Caldwell City Code provides for Planned Unit Developments. Article one of that Section states, in part "Such developments may be permitted without customary division into individual lots, or without specific compliance to the zoning district regulations as applicable to individual lots subject to the regulations as herein provided. " Article two states, in part "Following the spirit and purpose of this Section, much greater latitude is permitted than in conventional and traditional regulations for development." Article three states, "The use of the procedure given in this section superimposes each approved specific Planned Unit Development on the underlying zoning district regulations as an exception to such regulations to the extent that such Planned Development shall modify and supercede the regulations of the underlying use zone." These provisions provide the land use flexibility that Mr. Tapia is relying upon to install the taco wagon at this location. 2.9 Parking: The front portion of the commercial site will be paved and 6 parking stalls will be placed on the site to accommodate the Taco Wagon patrons. 2.10 Public Services, Utilities and Facilities: In a memo dated June 2, 2003, the Engineering Department offers the following comments: 1. The current 40-foot one-half right-of-way width along 5th Street and Main Street is adequate and meets current City standards. Page 2 of 7 Public Hearing of June 12,2003 2. The applicant will be re wired to construct frontage improvements to include curb, gutter, sidewalk and new driveway approach. All right-of-way improvements will be required to meet City of Caldwell standards and specifications. 3. Water and sanitary sewer are available to site. Sanitary sewer is available to the north of the site and water is available in 5th Ave. The City will require that the applicant be connected to all available City services. 4. Prior to commencement of construction in any dedicated right-of-way, the City Engineering staff is to be notified. Appropriate City personnel are to be notified in advance of all required inspections. 5. Provision is to be made for the disposal of stormwater drainage that may occur from the addition of impervious surfaces in accordance with the City Stormwater Management Policy. A copy of this policy is available upon request. 6. Irrigation water for any and all landscaping shall be obtained from applicable Irrigation District sources. City municipal water may be used if the criteria specified in the Landscape Ordinance Section 10-07-12 are met. Appropriately licensed public works contractors shall perform all construction of dedicated facilities. 2.11 Fire protection: In a memo dated June 11, 2003, the Fire Department offers the following comments: The CFD typically does not get involved code-wise with "mobile" equipment, in this case a mobile food vending apparatus (aka: taco wagon). Our concern about this type of business, and we have several in Caldwell, is that these mobile food vendors are not assigned a fixed address, since they are "mobile" use. Even if a mobile vendor is allowed to occupy a lot we would not assign them an address. We have provided some addresses for temporary"structures" placed short-term on lots, such as for shaved-ice stands or coffee kiosks, but these are structures without wheels and are therefore fixed, not mobile. The CFD does not believe we should assign fixed addresses to mobile vendors. Because mobile vendors do not typically have any structure in which persons can enter (food is vended from windows in the vehicle) there are limitations on applicability of the fire code. At the very minimum we would request that such mobile food vendors have a 2A:40BC rated fire extinguisher in their vehicle. If they do any deep-fat frying or grease-emitting cooking operations within the vehicle, then we would highly recommend that they have an automatic hood and duct fire extinguishing system installed. (We have a mobile food vendor trailer that is a semi-permanent fixture at Caldwell High School, on school property. In that case we required an automatic hood and duct fire extinguishing system.) In this particular case (Tapia) we would have a concern that combustible materials, including fencing materials, awnings, canopies, etc., be kept a reasonable distance from the taco wagon. III TESTIMONY 3.1 Steve Hasson, Community Development Director, presented the staff report and outlined the facts as written. Mr. Hasson stated that the applicant, Cosme Tapia, leases the subject property and the wireless communication store on the adjacent property from Melvin Wageman since 1995. Mr. Tapia desires to place h is taco wagon o n the front portion oft he s ubject p roperty. H e noted t hat since the subject property is also being used as a contractor's storage lot, Mr. Tapia has made application for a planned unit development for the parcel. He said that a six-foot cedar fence will be constructed on the parcel separating the two uses. He stated that the taco wagon will be placed on the front half of the parcel which is approximately 78.5 feet deep. Page 3 of 7 Public Hearing of June 12,2003 Mr. Hasson reported that Mr. Tapia would be responsible for providing the following items on the subject property if the special use permit is approved: asphalt paving with six parking stalls including one stall for ADA purposes, mitigation of the storm water as part of installing an impervious surface, landscaping in accordance with the City Landscaping Ordinance, improvements to curb, gutter, sidewalk, driveway entrance along 5th Avenue, and the necessary Southwest District Health Department permit(s) for the taco stand. Mr. Hasson noted that the Fire Department stated in their comments that a taco stand is mobile in nature, therefore a fixed address would not be assigned to the site. 3.2 Commissioner Alldredge asked Steve Hasson for clarification concerning the Fire Department's addressing policy on the taco stand. 3.3 Mr. Hasson reported that the Fire Marshall had expressed to staff that the nature of the business was transitory and therefore did not warrant permanent addressing. However, Mr. Hasson said that since Mr. Tapia was seeking the special use permit which indicated permanency by providing asphalt paving, landscaping, and necessary street-side improvements, he would recommend that the parcel be addressed. Mr. Hasson stated that the applicant would also be required to connect to City water and sewage. 3.4 Commission Archuleta asked if restroom facilities would be required on site and what would be the hours of operation? 3.5 Mr. Hasson said that had not been required restrooms since the food service would be a pass-through window operation. Mr. Hasson also noted that hours of operation had not been indicated since the location of the taco stand was in a commercial zone and not in close proximity of residences. 3.7 Cosme Tapia, Applicant, spoke in favor of the application. Mr. Tapia stated that he desired to acquire the special use permit to make the taco business/storage yard in conformance with the zoning ordinance. 3.8 In response to questions from Commissioner Robison, Mr. Tapia stated that the taco truck would remain on the parcel with an outdoor seating area provided for his customers. 3.9 Commissioner Alldredge asked the applicant if a deep-fat fryer is located in the taco wagon. 3.10 Mr. Tapia replied that the taco wagon contains two stoves but not a deep-fat fryer. 3.11 Commissioner Alldredge expressed his concern with a "play area", as indicated on the site plan located next to the railroad track. He asked if Mr. Tapia would be providing a fence on the north side of the property, adjacent to the railroad, to separate his parcel from the track? 3.12 Mr. Tapia stated t hat he would not construct a p laying area since t here w ere safety concerns. H e indicated that he would provide a fence adjacent to the tracks, if requested. He reported that the Southwest District Health Department does not require a taco wagon to be self-contained with restroom facilities, however, the wireless store next door, which he also operates, has facilities available to the public. Mr. Tapia stated that he had read through the staff report and agreed with the conditions as stated. 3.13 Scott Woods, Engineering Department, and Steve Hasson responded to questions posed by Commissioner Alldredge. Mr. Hasson stated that he would be favor of a fence adjacent to the railroad track on the north side of the parcel due to safety concerns. Mr. Woods stated that the need for an oil Page 4 of 7 Public Hearing of June 12,2003 and grease separator w=ra be reviewed by the building departnt at the time of plan review. He noted that a grease trap was not a requirement by the Engineering Department. Testimony closed. 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 and Zoning Commission accepted the analysis as written: 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: Require staff to follow the Attorney General's Checklist Criteria outlined in the Idaho Regulatory Takings Act Guidelines prior to 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 School Facilities and Transportation - GOAL: To provide the on-going opportunity for school representatives of Caldwell and Vallivue School Districts to participate in the community planning process. POLICY 1: Include the school districts in the review process when considering land-use proposals. At a minimum, notice of the hearing for each proposal should be provided to the districts and any additional information that the districts might subsequently request. 5.3 Economic Development— GOAL: To continue to work toward providing the residents of Caldwell with adequate levels of all of the components of economic development, such as housing, business, jobs, schools, recreational opportunities, infrastructure systems, public utilities and facilities, and public services. 5.4 Land Use— GOAL: To 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. OBJECTIVES APPLICABLE TO ALL LAND USES: OBJECTIVE A: To guide the growth and development of land uses in such a way that the health, safety, and general welfare of residents will be protected. Page 5 of 7 Public Hearing of June 12,2003 OBJECTIVE C: To promute growth in areas where public facilitie3-and services are readily available. The City's public water/sewer systems are readily available to serve this area. 5.5 Public Services, Utilities and Facilities — GOAL: To ensure that there are adequate police, fire, emergency services, and public utilities to meet the needs of the public. OBJECTIVE B: To provide for the orderly expansion of public services to meet the needs of population growth. 5.6 Transportation GOAL: To provide for the efficient, safe, and cost effective movement of people and goods. OBJECTIVE A: To protect public safety and the environment. VI PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT 6.1 The Planning and Zoning Commission accepted the general facts outlined in the staff report; public testimony and pertinent facts to include: 1) The need for a fence adjacent to the railroad tracks on the north side of the parcel which conforms with the City and Union Pacific requirements for the reason of public safety, 2) The need for a permanent address, 3) Hours of operation are not necessary inasmuch as there are no residences in close proximity of the business. VII PLANNING AND ZONING COMMISSION'S CONCLUSIONS OF LAW 7.1 The Planning and Zoning Commission has the authority to hear this request and to approve or deny it, public hearing notification requirements were met, and the hearing was conducted within the guidelines of applicable codes and ordinances. VIII PLANNING AND ZONING COMMISSION'S ORDER OF DECISION 8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning Commission order that Case No. SUP-189-03, a request by Cosme Tapia for a Planned Unit Development in order to have two land uses on a single parcel of land is approved with the following conditions: 8.2 The specific terms and conditions placed on the Special Use Permit shall run with the land and remain valid upon a change of ownership. No other temporary use can utilize this site concurrent with this use. 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 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/change in use permit shall be submitted within six months from the date of signing the Order of Decision and prior to any use commencing on the site. The CFD is responsible for issuing addresses. The Applicant will be issued an address with the approval of the building/change in use permit. Page 6 of 7 Public Hearing of June 12,2003 8.7 All of the requirements placed on the building permit b y t he ommunity Development D irector, Building Official, Fire Marshall, City Engineer and other agencies of jurisdiction shall be met prior to an occupancy permit being issued. 8.8 The applicant will install a solid, opaque, and 6-foot high cedar fence between the areas utilized for food service and that intended for construction storage purpose. The applicant will also install a four foot chain link fence along the north side of the parcel adjacent to the railroad track in conformance with City and the Union Pacific requirements. 8.9 The applicant shall pave the portion of the property dedicated for food service (an area roughly 78 feet by 50 feet). The applicant shall be responsible for mitigating storm water impacts arising from the paved surface according to City standards. The placement of the taco Wagon shall be according to the engineer's specifications in order to optimize the traffic circulation. Designated parking areas shall be structured so as not to impede onsite traffic circulation. 8.10 The applicant shall install six (6) parking stalls on the paved surface with one of these stalls designated for ADA purpose. 8.11 The applicant shall improve the curb, gutter, sidewalk and driveway entrance along the 50-foot 5th Avenue frontage to the extent that they are in disrepair. 8.12 The Applicant shall obtain a sign permit prior to installing any sign at the site in accordance with Section 10-02-06 of Caldwell Zoning Ordinance No. 1451. 8.13 The applicant shall install landscape over an area covering at least 5 percent of the lot dedicated for food service activity and irrigate that portion so dedicated. 8.14 Water and sanitary sewer are available to site. The City will require that the applicant be connected to all available City services. CASE NO. SUP-189-03 WAS HEARD BY THE CALDWELL PLANNING AND ZONING COMMISSION AT A PUBLIC HEARING HELD ON THURSDAY, JUNE 12, 2003. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW, RECOMMENDATION, AND ORDER OF DECISION WAS APPROVED AND SIGNED ON THE DATE NOTED BELOW. Ku AIU 1,(f24,_-- (i /2'/&3 ATTEST: Ja�- Archuleta, Chairperson Date l: // 7 / Com ity Development Director Page 7 of 7 Public Hearing of June 12,2003 CALDWELL PLANNING & ZONING COMMISSION MINUTES June 12, 2003 Call to Order— Chairman Archuleta called the meeting for the public hearing at 7:00 p.m. II. Roll Call — Members Present: Chairman Janie Archuleta, Jack Teraberry, Sylvia Robison, Joyce Griffith, Paul Alldredge. Members Absent: Michael Jakobson. Staff Present: Steve Hasson, Community Development Director, Debbie Geyer and Scott Woods (Engineering Staff). III. Review of Proceeding — Chairman Archuleta reviewed the procedures for public hearing. IV. Old business — MOTION: Commissioner Robison SECOND: Commissioner Griffith. Approve minutes of April 16, 2003. Passed: Unanimous roll call vote. V. New Business - Hearings A. CASE NO. SUP-189-03 a request by Cosme Tapia for approval of a Planned Unit Development through a special use permit to place a taco wagon on a parcel already occupied to the rear by a contractor storage yard. The site is located at 423 Main Street. Steve Hasson, Community Development Director, presented the staff report. Cosme Tapia —Applicant, testified in favor. Scott Woods, Engineering Staff, presented facts concerning the application. Testimony closed. NOTE: See Order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. VI. Comprehensive Plan Analysis - MOTION: Commissioner Robison SECOND: Commissioner Griffith. The request was applicable to the following Comprehensive Plan Components as outlined in the staff report; Property Rights — Goal, Objective B and Policy 1; School Facilities and Transportation'— Goal and Policy 1; Economic Development — Goal; Land Use — Goal, Objectives Applicable to All Land Uses — Objectives A and C; Public Services, Utilities and Facilities — Goal and Objective B; Transportation — Goal, Objective A. PZ-3 Commission has the authority to hear this request and to recommend to the Mayor and City Council that it is approved or denied. The hearing was legally noticed and posted, and was held under the requirements of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation on Case No. SUB-88P-03 (TO INCLUDE DEVELOPMENT AGREEMENTS) - MOTION: Commissioner Alldredge SECOND: Commissioner Teraberry. The Commission recommended approval of Case No. ANN-81-03 with the standard conditions outlined in the staff report. Passed: Unanimous roll call vote. Findings of Fact on Case No. SUP-188-03 - MOTION: Commissioner Griffith SECOND: Commissioner Alldredge. Accept the general facts outlined in the staff report. Passed: Unanimous roll call vote. Conclusions of Law on Case No. SUP-188-03 - MOTION: Commissioner Robison SECOND: Commissioner Alldredge. The Planning & Zoning Commission has the authority to hear this request and to recommend to the Mayor and City Council that it is approved or denied. The hearing was legally noticed and posted, and was held under the requirements of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision on Case No. SUP-188-03 - MOTION: Commissioner Robison SECOND: Commissioner Alldredge. The Commission approved Case No. SUP-189-03 with the standard conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Archuleta closed the public hearing. VIII. Planning Issues: A. Next Public Meeting date is scheduled for July 16, 2003. IX. Adjournment: Chairman Archuleta adjourned the meeting at approximately 9:30 p.m. MINUTES APPROVED AND SIGNED BY CHAIRMAN ARCHULETA ON THE DATE NOTED BELOW: i ' , � Attest: Chairman Archuleta Date p Co rnity Development Director Planning &Zoning Commission Minutes—June 12,2003 MEMO TO: File FROM: Debbie DATE: September 8, 2004 RE: 423 Main Street Cosme Tapia contacted our office concerning the possibility of moving the taco wagon to the parcel where the wire communications store was located. He mentioned that the wire communications store has moved out of the building. He is not financially able to improve the adjacent parcel and therefore would like to place the wagon on the other parcel. Steve Hasson informed Cosme that this would not be satisfactory. He must either improve the parcel as per the SUP conditions of approval and place the wagon there or forego the SUP. He suggested that he improve the building and place a restaurant inside the building. p'- ' e-UL R z AuG _ 9 2004 T .� Hasson:Deal A while ago. I requested a special -ermit to relocate my Taco Wagon at 423 in St. permit \\;_ii,eh was a n 7d as a result of my paperwork.erwork. Time has passed and I have e not done much to prepare the land for the city-'s regulations due to financial problems I'm going through but in intention is continue !or`1ard. eeent change ; ;it happened is that the Cellular and Satellite store located '' nn St 1,,. ;tloved and therefore I am requesting a permit to place ! a o \ agora where it was. \.s it always has been the case, I appreciate your attention to the present. l apia