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HomeMy WebLinkAbout05 Hearing Examiner PLANNING AND ZONING eCc r c it3 sa,;(4-----,Asj ITEM DATE SUBMITTED BY p%^1 S. Yt - c_amm k 2- 1 Can-otol n C , cvX ∎Yl P Z- z `� P l Cl g I o -2 B��� pay - p _3 Sin a e-‘-5 Pa -3 T Vol `T 113 JO) PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: ,i(Jeo /iv STREET ADDRESS: 24/ CITY/STATE/ZIP: L.!,/41-43 ,) I ■12) NAME OF CASE BEING HEARD: Nuj 14..t.e,k,4 - Fs) Check the appropriate line: Applicant or Representative I Neutral/ wish to speak 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. PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: STREET ADDRESS: C 5 //e.` \ f I -4-7" CITY/STATE2IP: k A ' iirk NAME OF CASE BEING HEARD: ' N fl 4*13 Check the appropriate line: Applicant or Representative I Neutral/ wish to speak 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. --------------------- PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) N A M E: / STREET ADDRESS: 76 0 ., r j,‘ CITY/STATE/ZIP: 2ia '. " f NAME OF CASE BEING HEARD: S-rip i f ?/ ******************************* ****** *****A *** ********* ****** * Check the appropriate line: Applicant or Representative I Neutral/ wish to speak 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. CASE NO. SUP-48B-98 BEFORE THE CALDWELL PLANNING AND ZONING COMMISSION CITY OF CALDWELL,IDAHO A SPECIAL USE APPLICATION REQUEST BY CAROLYN DEVLIN TO GAIN A BED AND BREAKFAST DESIGNATION FOR PURPOSE OF ON SITE FOOD PREPARATION TABLE OF CONTENTS: I. COURSE OF PROCEEDINGS II. GENERAL FACTS HI. 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 application SUP48b98 to be held before the Caldwell Planning and Zoning Commission on July 9,2001. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On June 23, 2001 notice was published in the Idaho-Press Tribune; on June 21, 2001 notice was mailed to all property owners within 300 feet of the project site and to all political subdivisions providing services to the City of Caldwell; and, on July 2, 2001 notice was posted on the site. 1.2 Files and exhibits relative to this application were available for review in the Community Development Department as well as at the public hearing. II GENERAL FACTS 2.1 APPLICANT(S): Carolyn Devlin,701 North Indiana,Caldwell,Idaho 83605 2.2 OWNER: Same as above 2.3 REQUEST: for approval by Carolyn Devlin for a special use permit to provide an in-house catering service to an existing banquet facility operation. At present, the five- acre residential property is used as a banquet facility to sponsor events and the food for these events is catered. The applicant intends to expand the use of this events facility, which makes off site catering impractical.Accordingly,the applicant desires to renovate a 23-foot by 16 foot building on the property for food preparation to accommodate weddings, class reunions, company parties and meetings. 2.3.2 Zoning Ordinance No. 1451, Section 10-02-02,permits a "Bed and Breakfast"to be located in an R—1 zone by special use permit. 2.4 LOCATION:The five-acre tract of land is located at 701 Indiana. (See location map) 2.5 COMPREHENSIVE PLAN LAND USE DESIGNATION: Residential R-1 2.6 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: 2.6.1 Property Rights: The five checklist criteria set forth by the Attorney General in the "Idaho Regulatory Takings Act Guidelines"was reviewed by planning staff and none of the criteria was answered in the affirmative. 2.6.2 School Facilities and Transportation: The Caldwell and Vallivue School Districts were notified of the request through mailing of the public hearing notification on June 21,2001. 2.6.3 Land Use: Residential—this is a large residential tract of land that appears suitable for the proposed land use activity. 2.6.4 Public Services,Utilities and Facilities: The Engineering Depai lment has received the above referenced request for a Special Use Permit and provides the following comments: 1. The existing property is connected to City water,but may be subject to additional Connection fees if the proposed use increases demand on the City's water system. The need for any additional fees will be reviewed during the building permit process. 2. The property is not connected to City sewer. Feasibility of connecting to City sewer will be reviewed during the building permit process. 3. Any additional impervious area created by modifications to the existing structure and/or grounds must be dealt with in accordance with the City's Storm Water Management Policy. III TESTIMONY 3.1 Staff provided an overview of this request. Mr. Hasson Stated that the applicant, Ms. Devlin was seeking to prepare food on site to accommodate the patrons of her banquet facility rather than continue to rely on catering service. Staff had reviewed the land use schedule and determined that a bed and breakfast was permitted in a single family zone through special use permit and that such a use would permit on site food preparation. 3.2 Ms. Devlin provided a brief statement about her desire to have food preparation on site. She said that having that activity located in house would cut down on traffic in an out of the facility. 3.3 Becky Potter who lives across the street for the banquet facility testified against the granting of the permit. She said that there was inadequate parking and at times those who park in front of her house became belligerent when asked to move out of the driveway. Ms. Potter testified that the amount of alcohol served combined with the continual beer trucks coming and going left the impression that this was a bar. She felt that the present operation devalued their property and that affording Ms. Devlin a bed and breakfast designation would only make matters worse. 3.4 Tim Hogg, another neighbor, concurred with Ms. Potter's assessment that the parking was full to the corner and it had quite an impact on the adjoining neighbors. He expressed concern about the alcohol—noting that the beer trucks roll in all of the time. Mr.Hogg also expressed concern about a tower light that was on the water tower.It was later explained to Mr. Hogg that the City had installed the spotlight there. Joan was to call the water department and advise the of this issue. 3.5 In rebuttal,Ms.Devlin stated: the request would lessen the traffic impact to the business;they were gaining more control over the dispensing of alcohol. She admitted that there had been a problem with loud music impacting the neighbors but that they had eliminated live bands and opted for a DJ sound system, which had resolved that concern. She said that because they had a five-acre parcel of land they were intending to expand the parking area so as to alleviate the on street-parking situation. 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 PLANNING AND ZONING COMPREHENSIVE PLAN ANALYSIS - The Commission accepted the Comprehensive Plan Components 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. The Caldwell and Vallivue School Districts were notified of the request through mailing of the public hearing notification on June 21,2001. 5.3 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. Residential(R-1)—this is a large residential tract of land that appears suitable for the proposed land use activity. 5.4 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 A: To protect the safety of people and their property. POLICY 2: Require emergency service providers, such as police and fire departments and EMS, in the development review process. VI FINDINGS OF FACT 6.1 The Planning and Zoning Commission accepted the facts outlined in the staff report and the testimony presented in their Findings of fact along with the exhibit PA-1. VII CONCLUSIONS OF LAW 7.1 The Planning and Zoning Commission stated that they had the authority to hear this case and to approve or deny it. Additionally, that 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. SUP48b98, a request by Carolyn Devlin for a Bed and Breakfast designation to operate an in—house food preparation for special event catering 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, or until such time that the Permit may be revoked,become invalid,or replaced with another approved 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 this Special Use Permit. 8.4 No changes in the conditions and terms of this 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 changes and determined whether or not they are substantial. If the changes are considered to be substantial,an amendment to the special use permit can only be granted by the Planning and Zoning Commission or Hearing Examiner through the public hearing process. 8.5 Any violation of the terms and conditions of this Special Use Permit 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 change in use (building)permit shall be obtained prior to establishment of a food preparation operation for in house catering purpose.All of the requirements placed on the change in use permit by the Building Official,Fire Marshall and City Engineer shall be met prior to the permit being issued. CASE NO. SUP- 48 - 01 WAS HEARD BY PLANNING AND ZONING COMMISSION MEMBERS AT A PUBLIC HEARING HELD JULY 9,2001. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION WAS ADMINISTRATIVELY APPROVED AND SIGNED BY CHAIRMAN JIM BLACKER ON THE DATE NOTED BELOW. /3 d / 1 an Jim Blacker D to Community Development4)irector CALDWELL PLANNING AND ZONING COMMISSION MINUTES OF JULY 9, 2001 Call to Order—Chairman Blacker called the meeting to order at 7:00 p.m. II. Roll Call Members Present: Chairman Jim Blacker, Janie Archuleta, Jack Teraberry, Sylvia Robison. Members Absent: Tracy Coller Staff Present: Steve Hasson, Joan Holmes Legal Counsel: Mark Hilty III. Review of Proceedings—Chairman Blacker reviewed the procedures for public hearings. IV. Poll Members for Conflict of Interest - Chairman Blacker polled members for conflicts of interest: There were none. V. Old Business—None VI. New Business—Hearings A. Case No. SUP-123-01, a request by Bell Counseling, Inc. to use an existing facility located at 924 Fillmore Street for purposes of an outpatient treatment office; the property is zoned R-2 (Medium Density Residential). Testimony— Steve Hasson presented the staff report. Michelle Turner, Applicant, testified in favor. David Peterson, Mr. Jeffries, David Wright, Loraine Navis, and Marjorie La Rue testified in opposition. Michelle Turner testified in rebuttal. Public Testimony Closed—Chairman Blacker closed public testimony. Comprehensive Plan Analysis— Motion: Commissioner Archuleta. Second: Commissioner Teraberry. The request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights — Goal, Objective B, and Policy 1; School Facilities and Transportation — Goal, and Policy 1; Land Use—Goal, Residential — Policies 1 and 3; Public Services, Utilities and Facilities — Goal, Objective A, and Policies 1, 2, 5, and 7; Transportation — Goal and Objective A; Housing — Goal and Objective C; Community Design —Goal, Objectives A and E. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Robison. Second: Commissioner Teraberry. Accept the general facts outlined in the staff report as Findings of Fact as well as the testimony. Passed: Unanimous roll call vote. Conclusions of Law— MOTION: Commissioner Robison. SECOND: Commissioner Archuleta. The Commission has the authority to hear this case and approve or deny; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision - MOTION: Commissioner Archuleta. SECOND: Commissioner Robison. The Commission denied Case No. SUP-123-01 with the denial reasons outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing and noted anyone wishing to appeal the Commission's decision should see the Director of Community Development. B. Case No. SUP-48B-98, a request by Carolyn Devlin to gain a bed and breakfast designation for catering purpose on approximately 5 acres located at 701 North Indiana Ave. The property is zoned R-1 (Single Family Residential) and is presently used for wedding/banquet facility purposes through a Special Use Permit. Testimony— Steve Hasson presented the staff report. Carolyn Devlin, Applicant, testified in favor. Becky Potter and Tim Hogg testified in opposition. Carolyn Devlin testified in rebuttal. Public Testimony Closed —Chairman Blacker closed public testimony. Comprehensive Plan Analysis — Motion: Commissioner Robison. Second: Commissioner Teraberry. The request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights — Goal, Objective B, and Policy 1; School Facilities and Transportation — Goal, and Policy 1; Land Use—Goal; Public Services, Utilities and Facilities—Goal, Objective A, and Policy 2. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Archuleta. Second: Commissioner Teraberry. Accept the general facts outlined in the staff report as Findings of Fact along with the exhibit PA-1. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Robison. Second: Commissioner Archuleta. The Commission has the authority to hear this case and approve or deny; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision — Motion: Commissioner Archuleta. Second: Commissioner Robison. The Commission approved Case No. SUP-48B-98 with the standard conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Blacker closed the public hearing and noted anyone wishing to appeal the Commission's decision should see the Director of Community Development. ****************************************************************************************************************** C. Case No. SUP-127-01, a request by the Roman Catholic Diocese of Boise to create a new parish of 1750 families to be known as Our Lady of the Valley Parish. The new church and parish center will be on approximately 12.5 acres located at the northeast corner of Linden Street and Farmway Road and is zoned R-1 (Single Family Residential). Testimony— Steve Hasson presented the staff report. Charles Hummel, Applicant's Representative, testified in favor. Kathleen Little testified as neutral. P&Z Minutes of July 9,2001