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PLSL'C HEARING COM MENT SHEET
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CASE NO. SUP-159-02
ANGELIA HALL
BEFORE THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL, IDAHO
APRIL 25, 2002
AN APPLICATION SUBMITTED BY ANGELIA HALL FOR A SPECIAL USE PERMIT TO
TEMPORARILY INSTALL A DRIVE THROUGH COFFEE/BEVERAGE OPERATION IN A C-1
(NEIGHBORHOOD COMMERCIAL) ZONE.
AN ADMINISTRATIVE DETERMINATION THAT THE SALE OF COFFE PRODUCTS FALLS UNDER
THE LAND USE SCHEDULE CATEGORY "DRIVE IN RESTAURANT/FOOD STAND"
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-159-02, to be held before the Planning and Zoning Commission on April 25,
2002. Public notice requirements as set forth in Idaho Code, Chapter 65, Local Planning Act,
were met. On April 10, 2002 notice was published in the Idaho Press Tribune, and on April 5,
2002 notice was mailed to all property owners within 300 feet of the project site; and, on April
18, 2002 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'S: Angelia Hall - 19543 Dixie River Road Caldwell, Idaho 83605
2.2 OWNER: John D. Blasdell 904 East Maple Street Caldwell, Idaho 83605
2.3 REQUEST: The Applicant is desirous of placing a small building on a vacant commercial lot
located at the corner of Kimball and Ash for purpose of selling coffee products. The Applicant
advises that the owner intends to market this property for a commercial use but is agreeable to
allowing a temporary commercial use there while he formulates a development plan or until a
prospective buyer acquires the property. The City is concerned that a temporary use will
become a permanent use based upon experiences with three other Caldwell coffee operations
purported to be temporary in nature. Accordingly, staff has advised the applicant that we are
S LD - 2,
supportive of a temporary use at this location through a special use permit, provided there is a
sunset provision terminating the use at the end of a two year period.
Staff is receptive to the use continuing beyond that time period, provided, the applicant agrees
prior to the end of this temporary agreement to provide for all of the necessary improvements
required to make this use permanent at this location. Staff has advised the applicant that some
improvements will be required even though the use is considered temporary at this location.
Meantime, staff has developed an administrative interpretation of what constitutes a temporary
use and will rely upon its strictures from this point forward as a means of addressing temporary
use permit applications.
2.4 LOCATION: 2102 South Kimball Caldwell, Idaho 83605
2.4.1 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 and Vallivue School Districts were notified of
the request through mailing of the public hearing notice on April 5, 2002.
2.8 Land use: Zoning Ordinance No. 1451, Section 10-02-02, allows a drive - in restaurant/food
stand in a neighborhood commercial zone (C-1) through a special use permit. For purposes of
this application the land activity "food stand" shall also refer to business enterprises that
dispense non-alcoholic beverages as all or a portion of their food stand enterprise.
2.9 Parking: The commercial site is vacant and completely paved. The applicant's operation is such
that vehicles will drive through the business as opposed to parking there. If the coffee stand
patrons desire to park at this location there is ample parking on - site to handle the customer
based parking impact.
2.10 Public Services, Utilities and Facilities: In a memo dated April 19, 2002, the Engineering
Department provides the following comments The coffee beverage stand is required to be self-
contained, therefore, connections to City sewer and water are not allowed.
1. The Applicant shall install continuous curb bumpers or similar devices to channel vehicle ingress
and egress as far as possible away from the intersection of Kimball Ave. and Ash St.
2. In the event that the applicant applies for an extension of the 2-year time limit or if any further
development is proposed on the subject site, then the following requirements shall apply:
1. Kimball Avenue is designated as a Minor Arterial street, which requires a minimum of 33 feet of
right-of-way from centerline. A deed to the City of Caldwell for 8 feet of additional right-of-way
along Kimball Avenue frontage, 3 feet of additional right-of-way along Ash Street frontage, and a
20-foot radius at the new right-of-way line intersection shall be required.
2. The development shall comply with the City's Infrastructure Improvement Policy, which requires
the construction of curb, gutter, and sidewalk for property frontage along Kimball Avenue and
Ash Street constructed in accordance with City of Caldwell Specifications. Any existing curb
and gutter in disrepair shall be required to be replaced.
3. Development Plans — Prior to any proposed use or commencing any construction, plans must
be prepared by the developer's engineer and approved by the City Engineering Department
which include the following items:
a. Street section and alignment (including curb and gutter);
b. Locations of existing curb and gutter indicating areas to be replaced, if any.
c. Sidewalk (5-foot width on Kimball Avenue and 4-foot width on Ash Street);
d. Stormwater facilities (per City Policy);
e. Irrigation system (per Pioneer Irrigation District requirements).
4. The developer is to employ a responsible design professional, preferably the engineer of record,
to oversee and inspect construction, to perform and/or observe all requisite testing of completed
facilities, and to certify that improvements have been constructed according to approved plans
and in compliance with applicable City, State, and Federal standards.
5. As noted previously, provision is to be made for the disposal of stormwater drainage in
accordance with the City Stormwater Management Policy. A copy of this policy is available
upon request. The developer's engineer is to provide calculations, which indicate that the
assumptions in his stormwater drainage plan comply with the requirements of the stormwater
policy.
6. Prior to commencement of construction in any dedicated right-of-way, the City Engineering
Department shall be notified and a "Permit To Use Right-of-Way" shall be obtained. Notification
preferably will take place in a pre-construction conference scheduled by the engineer of record
in which all appropriate personnel and utilities are present. Appropriate City personnel are to be
notified in advance of all required inspections.
7. Appropriately licensed public works contractors shall perform all construction within rights-of-
way.
8. Irrigation water for any and all landscaping shall be obtained from Pioneer Irrigation District
sources.
2.10.1 Fire protection: The CFD is supportive of this proposed use but will require that the stand be
assigned a temporary address (2101 S. Kimball Avenue). The Applicant is required to post the
address in 6" contrasting color numbers on the building visible from the street. We also require
a 2A: 10BC rated fire extinguisher to be available on the premises.
2.10.2 Transportation: The subject property is located at the intersection of Kimball and Ash and thus
has street frontage along both roadways. There is no curb along either frontage to impede
vehicles from accessing the subject property at any point along the frontage —rather, there is a
continuous driveway along both frontages. Accordingly, there is a need for the applicant to
install continuous concrete parking bumpers or some similar device, approved by the City
Engineer, to channel vehicles in and out of the site with ample distance separation between
driveway entrances and the intersection. Without adequate driveway separation there is the
likelihood of accident resulting from lack of driver response time. These concrete-parking
bumpers should be coated with a reflective material or some device so motorists will notice
them. The applicant should install directional arrows on the parking lot surface to aid drivers in
and out of the site. The driveway approaches should be at least 30 feet wide to accommodate
the site ingress and egress. The placement of the coffee/beverage shack should be guided by
our engineers to optimize traffic circulation in, out and through the site. Designated parking
areas, if any, should likewise be structured as not to impede onsite traffic circulation.
III TESTIMONY
3.1 Steve Hasson, Community Development Director, presented the staff report and outlined the
facts as stated. Mr. Hasson noted that the special use permit, if approved, would be granted for
a time certain period for up two years. He also stated that if the Applicant is wanting to continue
beyond that period of time, she would agree to the necessary improvements required at the site
to include curb and gutter. Mr. Hasson stated that Ms. Hall had reported to staff that the owner
is wanting to develop the property in the near future, therefore, the time certain period will assist
the Applicant and the owner.
3.2 Commissioner Teraberry questioned Mr. Hasson if the Applicant would be hooking up to City
water and sewer?
3.3 Mr. Hasson responded that under the provision of temporary use, there would be no City water
or sewer hookup availability.
3.4 Angelia Hall, Applicant, testified in favor. Ms. Hall stated that she was in general concurrence
with the staff report. She said that the espresso trailer is a self-contained unit with no need for
sewer or water hook-up. She stated that the landowner had suggested that she move the unit
closer to Ash Street where the unit would be located deeper into the lot. At this location there is
curb and gutter on the lot as well as a separate entrance and exit which is well over 100' from
the Kimball intersection. After meeting with Idaho Power, it was determined that hook-up was
available at the newly proposed location without setting another power pole.
3.5 Commissioner Teraberry asked what are the proposed business hours?
3.6 Ms. Hall replied that the proposed business hours would be from 6:00 a.m. to 3:00 p.m. If the
business was well received in the area, the business hours could be extended to 6:00 p.m.
3.7 Commissioner Blacker inquired of staff concerning the ingress and egress outlets and if they
would meet City standards for the business? Would the bumpers, as mentioned in the staff
report, still be required?
3.8 Steve Hasson expressed his concern about the applicant's request to eliminate the bumper
requirement from Kimball and Ash Streets. Mr. Hasson said that staff could agree to the
bumper requirement elimination on Ash with the engineer's concurrence. However, he felt the
bumper requirement should remain on Kimball because of the fact that it was a continuous
driveway there with no separation from the intersection. He said that the removal of that
condition could very well lead to an accident there.
3.9 In rebuttal, Ms. Hall reiterated that by moving to the back portion of the lot, she would be located
directly between the Ash Street entrance and exit curb and gutter.
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
Comprehensive Plan Analysis as stated:
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.
OBJECTIVE C: To promote growth in areas where public facilities 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.
The Irrigation District and fire district have been notified for comment purpose.
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 COMMISSION'S FINDINGS OF FACT
6.1 The Planning and Zoning Commission accepted the general facts outlined in the staff report and
the facts brought forward during public testimony as the findings of fact.
VII 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 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-159-02, a request by Angelia Hall for a special use
permit to install a temporary drive through coffee/beverage operation in a Neighborhood
Commercial Zone (C-1) is approved with the following conditions:
8.2 The specific terms and conditions placed on the Special Use Permit shall run with the land for a
period not to exceed two years from the signing of the Order of Decision, and remain valid
upon a change of ownership. The special use permit is not subject to a time extension beyond
the two - year set timeframe. Therefore, the use must be removed at that time unless both the
Applicant and the property owner are willing to make the use permanent through another
special use permit, to include all public improvements required at that time. 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 permit shall be obtained prior to any use commencing on - site. The building permit
application shall be submitted within three months from the date of signing the Order of
Decision.
8.7 All of the requirements placed on the building permit by the Community Development Director,
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 shall install continuous curb bumpers or similar devices. The curb bumpers will
be installed parallel to Kimball next to where the building will be located so that traffic will only
be able to entrance in and out of the driveway location on Ash. Designated parking areas shall
be structured so as not to impede onsite traffic circulation and shall be approved by the City
Engineer.
8.9 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. The signage must be removed when
this special use permit expires.
CASE NO. SUP-159-02 WAS HEARD BY PLANNING AND ZONING COMMISSION MEMBERS AT A
PUBLIC HEARING HELD APRIL 25, 2002.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION WAS
ADMINISTRATIVELY APPROVED AND SIGNED BY CHAIRMAN JIM BLACKER ON THE DATE
NOTED BELOW.
5 `/r-c2 ATTEST:
Chaim-fan Jim Blacker Date
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Corn, ity Developme ►•erector