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Home My WebLink About05 Planning & Zoning I PLANNING AND ZONING/HEARING EXAMINER 11 ITEM DATE SUBMITTED BY PZ-1 AGENDA kb .I`P qN\c D(0 [C- PZ-2 MINUTESi ,1� 11-1-Xvtie t PZ-3 SIGN-UP SHEET(S) 1 a_I(-a,oi (.C-- PZ- tAbr - 10-19M Le PZ- i S U P – 1 6 – 1 4 r T } irk`'� q _f„. .sem, f %- R �. 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Y` P �a \.I`.. :: �' �, \. 3;a `orf ' ~ - ' Legend N Rail Road — Rivers and Streams Taxlots w�1� DISCLAIMER �� a„ �vmm.,n�„.n.l..n..,..e.e�..H.,, Streets — Ditches and Canals �� `itJ bN c�%cola..As..R. ;''''',,,,.,,,,m„q.,,,,t1.=,,�.,,rAr ES City Boundary .eCm,,.rv....,,..nq..H.. .u..w,m ..r..,,.«,b,.... THE CIT'OF'LOWEELL...HAS ANY WARRArvTYOF MEROHANTA&CITY OR WARRArvTv FOR FITNE55 OF USE FOR — Interstate '{„� Subject Property Im act Area ®.,.AICs P°R sLil„....urnN`L'EoW'T"RESPE°TT°T"�s °°°T' „a^r„ P PARTICULARITH ALL FAULTs...e,..,.„.,,.,.,,,allly a n„„�n,,,,,vR agoin g�. CITY OF �. CALDWEL srvor,TO �. .. ., _:� a. £ Caldwell Planning& Zoning Commission agenda for Public Hearing on Tuesday, October 11, 2016 at 7:00 p.m., in the Community Room, Caldwell Police GARRETNANCOLAS Department, 110 South 5th Avenue, Caldwell, Idaho. Mayor, 208.455.3011 AGENDA (1)208.455.3003 City Hal! I. Call to Order 471 Blame Street II. Review of Proceedings Caldwell,Idaho 83505 III. Old Business PeBox P.O.Box 1179 Approve Minutes of August 9, 2016 meeting as signed by Chairperson Doty- Caldwell,Idaho 83606 Pomoransky. orahstoftheCity IV. New Business Council members,visit Case Number SUP-16-15: A request by Richard Phillip for a special-use permit for the Website expansion and operation of an existing mini-storage facility within the C-3(Service v;,,,r.c ,of_aidk ell.cCommercial)Zone. The subject property is located at 3203 E. Linden Street in Caldwell, Idaho. Case Number SUP-16-14: A request by Edward Savala for a special-use permit to operate a vehicle sales lot within the C-C (City Center)Zoning District. The subject property is located at 301 E. Cleveland Boulevard in Caldwell, Idaho. Case Number ANN-16-05/SUB-16P-02/SUP-16-16: A request by Providence Properties, LLC to annex three parcels totaling 109.5 acres, more or less, with an R-2 (Medium Density Residential)zoning designation, approval of a Development Agreement, and for Preliminary Plat approval of Mason Creek Landing Subdivision consisting of 315 residential lots and 34 common lots. Also being requested is a Special-Use Permit to allow for the construction of 21 four-plex residential structures. The subject properties are located on the east side of Middleton Road, between the Skyway Street alignment and Linden Road (Parcel#'s R3430701100, R3430700000, and R3430101100) in Caldwell, Idaho. Case Number OA-16-05: A request by City of Caldwell to consider an amendment to the Caldwell Comprehensive Plan involving an update to the City's 10-year Capital Improvement Plans for Parks, Fire, and Police Impact Fees, pursuant to Idaho Code§ 67-8208. V. Planning and Zoning Issues, If any. VI. Next Planning and Zoning Commission Scheduled Public Meeting Date: December 13, 2016. VII. Adjourn Case files and exhibits relative to this request are on file at the Caldwell Planning&Zoning Department and are available for review during the hours of 8:00 a.m.to 5:00 p.m.Monday through Friday.Further information can also be obtained by calling 455-4662 and by leaving a message if after-hours.Information can also be requested by emailing Jarom Wagoner at jwagonerno.cityofcaldwell.orq or faxing him at 455-3050.A person who is visually and/or hearing impaired,or needs an interpreter should contact the City at least 24 hours prior to the hearing. SUGGESTIONS FOR TESTIFYING AT PUBLIC HEARINGS 1. Remember your objective...It is your objective to persuade the decision makers to vote or decide in favor of your side of the issue.It will not help your cause to anger,alienate or antagonize the decision makers who are listening to your presentation. 2. Show your strength...Many neighborhood groups have organized their testimony by having one or a few people speak on behalf of the group.The leader will ask those in the audience supporting the testimony to stand.This conveys to the decision makers the seriousness with which the issue is viewed by the attending parties. 3. Speak to the point...Public officials have heard hundreds of people give testimony. They are grateful when the testimony is pertinent,well organized, and directly regards the matter at hand. Long stories, lectures or philosophy, abstract complaints about generalities, or redundant testimony are usually a poor use of time. 4. State your recommendation. 5. Be informed....Get a copy of the plan being heard,the staff report,the proposed ordinance,or other pertinent material.Then read it and plan your comments accordingly. 6. If you don't wish to speak,write it down...and submit it prior to the hearing.If written testimony is specific,to the point and concise,it will be given as much attention as oral testimony. 7. Be reasonable....Put yourself in the shoes of the decision makers.They must balance all points of view,interests and proposals being made,and find the best course for the overall public good.While.Be prepared to compromise. 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 partidpar en la reunion debe contactar al las oficinas de la Ciudad o flame a 208 455- 4667 antes de la reunions V/\ CALDWELL PLANNING AND ZONING COMMISSION MINUTES October 11, 2016 Call to Order—Chairperson Doty-Pomoransky called the meeting to order at 7:00 p.m. Roll Call— Members Present: Ed Doty-Pomoransky, Dana Vance, and Roger Page Members Absent:James Nelson Staff Present:Jarom Wagoner (Senior Planner), Brent Orton (Public Works Director), April Cabello (Planning Technician), Lori Colligan (Administrative Secretary) Staff Absent: Brian Billingsley (Planning &Zoning Director), Robb MacDonald (City Engineer). Review of Proceedings—Chairperson Doty-Pomoransky announced the procedures for the public hearing. Old Business: Jarom Wagoner notified members of a change in the agenda. Case ANN-16- 05/SUB16P-02/SUP-16-16 Providence Properties, LLC., the Mason Creek Annexation will be continued to November 8, 2016. We are required by Idaho Code to notify all neighbors within 300 feet of the property of these proceedings. Unfortunately, that mailing was sent to the wrong property owners. In order to be sure that we are following proper protocol this case will be heard at the next Hearing Examiner meeting on November 8, 2016. We will be sending out new notifications to the correct property owners. Approve minutes of August 9, 2016 regular meeting. MOTION: Commissioner Page. SECOND: Commissioner Vance. Passed: Unanimous voice vote. ....-.-_.-. New Business: A. Case Number Case SUP-16-15—Republic Mini Storage A request by Richard Phillips for a special-use permit for the expansion and operation of an existing mini-storage facility within the C-3 (Service Commercial) Zone. The subject property is located at 3203 E. Linden Street in Caldwell, Idaho. PZ Minutes 10-11-2016 Testimony: 1) Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report. 2) Mr. Wagoner stated that this is a request for the expansion and operation of an existing mini storage facility within the M-1 light industrial zone for the Republic Storage facility located at 3203 East Linden Street. Staff finds it is in compliance with the comprehensive plan and is an appropriate use for that area. 3) Mr. Wagoner stated that in regards to Condition 8.4—they are requesting that this be stricken. After speaking with the City Engineer it has been decided that this is not a necessary condition. 4) Cornell Larson, 210 Murray Street, Boise, Idaho here representing the applicant, Dick Phillips. They are in agreement with Conditions 8.2 through 8.9 with the exception of 8.4 (staff recommends striking this) and they would like to clarify Condition 8.5 to make sure they understand the paving. They intend to pave around all the new buildings that they are constructing. They typically leave the outdoor RV storage graveled and as they expand and add new buildings they pave that area. They are requesting that the outdoor storage area remain graveled. Commissioner Doty recommended marking photos as Exhibit PZ 1000 and PZ 1001. Photos show where weeds were removed and where the RV storage is located. 5) Commissioner Vance asked Mr. Larson to confirm if they are currently planning on building just a few additional buildings or the whole project. Mr. Larson confirmed they have 4 enclosed buildings and 1 covered building and the covered building would be a covered RV storage. They would pave around those buildings and tie it into the existing paved areas. 6) Commissioner Doty confirmed the area that will remain gravel. 7) Commissioner Doty asked Mr. Wagoner if there was anything in the code on existing graveled areas. Mr. Wagoner said they could add that language to the 8.5 Condition, staff is in full agreement. 8) Mr. Roy Johnson was signed up to speak but has declined to do so. MOTION TO CLOSE TESTIMONY: Commissioner Vance. SECOND: Commissioner Page. Passed: Unanimous roll call vote. Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components as listed below in 5.1 and 5.2 Enter into MOTION: Commissioner Vance SECOND: Commissioner Page. Passed: Unanimous roll call vote. Findings of Fact: Introduction of Exhibit PZ-1000 and PZ-1001 Enter into MOTION: Commissioner Vance SECOND: Commissioner Page. Passed: Unanimous roll call vote. PZ Minutes 10-11-2016 Conclusions of Law: MOTION: Commissioner Page SECOND: Commissioner Vance Passed: Unanimous roll call vote. ORDER OF DECISION FOR SUP-16-15 (Special Use Permit) MOTION: Commissioner Vance that Case Number SUP-16-15 be approved with the following conditions: 8.2 through 8.9 with the exception of removing the 8.4 condition and modifying the 8.5 condition to be amended to say that the RV storage shall be gravel and unpaved and they shall pave around the new construction only. SECOND: Commissioner Vance. APPROVED by unanimous roll call vote. B. Case Number SUP-16-14 A request by Edward Savala for a special-use permit to operate a vehicle sales lot within the C-C (City Center) Zoning District. The subject property is located at 301 E. Cleveland Boulevard in Caldwell, Idaho Testimony: 1) Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report. 2) Mr. Wagoner testified that this is Special Use Permit to operate a vehicle sales lot within the C-C (City Center) zoning district. 3) Commissioner Page asked about compliance with the Comprehensive Plan analysis within the city center, how does this particular type of development go along with what is currently being encouraged in that area? 4) Mr. Wagoner indicated there are a wide variety of types of businesses within the area. The downtown core which would be considered 7th Avenue, Kimball and Main, where the new plaza is going in, and a variety of different retail. We are trying to focus on more retail business in the downtown core. This property is fairly outside of that area, more near the edges of the City Center district are and very close to Simplot Blvd. 5) Dr. Savala, 301 Cleveland Blvd., Caldwell, Idaho testified that he has a medical practice on 3rd and Cleveland Blvd. He has given advice to many patients on purchasing a vehicle. It was finally brought to his attention that maybe he should sell cars there. His intent is to help his patients find a reliable car at a decent price. This is different because it is secondary to his main business. He doesn't have to sell cars to make a living. He feels this will be a positive opportunity for the community. Especially those who have to rely on buying used vehicles. Regarding landscaping he would like to use the gravel that he was told would meet the requirement when he first moved in. He put gravel on both 3rd and Cleveland Blvd. The trees, shrubs and grass he agrees with. He believes it only adds value to his property. He would like to put in trees and shrubs and keep the gravel. PZ Minutes 10-11-2016 6) Mr. Wagoner indicated that city code does require grass and trees in the area Dr. Savala is talking about. The Commissioners do have the authority to go either more or less restrictive than code if they feel it is appropriate. We have been consistently requiring grass and trees and he understands Dr. Savala's concern, where he did place gravel in those areas. 7) Dr. Savala doesn't have a problem with the requirement, but he would like to avoid the added cost of removing all the gravel. The trees and shrubs are fine, that's a positive improvement. 8) Mr. Wagoner would like to see grass and trees on the Cleveland Boulevard side of the property as required by the code. He is willing to work with Dr. Savala and would recommend that he keep the gravel along 3rd Avenue where the majority of the gravel is located. With the committee's approval Mr. Wagoner would agree to leave Condition 8.4 the same but Condition 8.5 would be amended to strike the vegetative ground cover requirement as well as the statement dry landscaping shall not be allowed. 9) Commissioner Vance asked where the repairs would be performed. 10) Dr. Savala said that no major repairs would be done on site. He has spoken to a mechanic that has his own shop and he would recommend customers go there. 11) Paul Hubbs, 600 East Ash, Caldwell, Idaho is in favor of this proposal. MOTION TO CLOSE TESTIMONY: Commissioner Vance. SECOND: Commissioner Page. Passed: Unanimous roll call vote. Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accept the Comprehensive Plan components as listed in 5.1 through 5.2. Enter into MOTION: Commissioner Vance SECOND: Commissioner Page. Passed: Unanimous roll call vote. Findings of Fact: Enter into MOTION: Commissioner Page SECOND: Commissioner Vance. Passed: Unanimous roll call vote. Conclusions of Law: MOTION: Commissioner Vance SECOND: Commissioner Page Passed: Unanimous roll call vote. ORDER OF DECISION FOR SUP-16-14(Special Use Permit) MOTION Commissioner Vance that Case Number SUP-16-14 A request by Edward Savala for a special-use permit to operate a vehicle sales lot within the C-C (City Center) Zoning District. The subject property is located at 301 E. Cleveland Boulevard in Caldwell, Idaho is approved with the following conditions of approval 8.2 through 8. 11 with modifications to 8.5 to remove the words vegetative ground cover and dry landscaping shall not be allowed. SECOND: Commissioner Page. APPROVED by unanimous roll call vote. PZ Minutes 10-11-2016 C. Case Number OA-16-05: A request by City of Caldwell to consider an amendment to the Caldwell Comprehensive Plan involving an update to the City's 10-year Capital Improvement Plans for Park, Fire, and Police Impact Fees, pursuant to Idaho Code § 67- 8208. 1) Brent Orton, Public Works Director, 621 Cleveland Blvd., Caldwell, Idaho testified that we have been through the first ten years of having Impact Fees for Fire, Police, and Parks in Caldwell. State Statute requires that every 10 years a new Capital Improvement Plan should be put together. He enters Exhibits 1, 2 and 3 as adoption into the Comprehensive Plan the new Capital Improvement Programs for the next 10 years. We just completed one 10 year block and we're asking you to recommend adoption into the Comprehensive Plan of the next 10 year block. Mr. Orton went on to explain how they arrive at the costs and how they determine what portion is ok to use impact fees from and what portion needs to come from property taxes or other general fund sources. 2) Commissioner Vance asked Mr. Orton to verify that adoption of this plan doesn't affect impact fees, and that it's just a plan. Mr. Orton verified that is true, the Commission is recommending adoption of the Capital Improvement Plan. He added that the fees themselves can be modified every year but there are requirements on how those fees are justified. The sequence of events would be the Commission recommending the adoption of the Plan and then the City Council would then consider this amendment to the Comprehensive Plan. Considering an approval at City Council they would then consider the updated fees. 3) Commissioner Doty asked if City Council is the group authorized to develop those fees. 4) Mr. Orton confirmed that is true. There is an Impact Advisory group that meets and develops the fees and then the City Council approves them. MOTION TO CLOSE TESTIMONY: Commissioner Vance. SECOND: Commissioner Page. Passed: Unanimous roll call vote. The Commission gave their recommendation in support. V. Planning Issues— A. The next regularly scheduled Planning and Zoning Commission hearing is December 13, 2016. VI. Adjournment The meeting was adjourned at approximately 8:05 p.m. MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-POMORANSKY ON THE DATE NOTED BELOW: PZ Minutes 10-11-2016 iv d Dc"-Po rtsransky, Chair Date ATTEST: `�`� JaromWar, er, Senior Planner FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING. PZ Minutes 10-11-2016 P1 '1 SIGN UP SHEET Please print the following required information and in the appropriate box check whether you wish to speak or do not wish to speak. CASE NAME: Edward Savala - Used Car Sales CASE NUMBER: SUP-16-14 IN FAVOR NEUTRAL IN OPPOSITION Applicant or Representative speak ❑ Do not speak ❑speak ❑ Do not speak ❑speak ❑ Do not speak Print Name Print Name Print Name Edward SA4a to Print Address Print Address Print Address .3ot c/ c /phd !3M' City State, Zip City State, Zip City State, Zip C'4/dwe/i Z7 �3bdI speak ❑ Do not speak ❑speak ❑ Do not speak ❑speak ❑ Do not speak L kkc Print Name Print Name Print Name 6) vo 2 /ASH Print Address Print Address Print Address bwEL rb City State, Zip City State, Zip City State, Zip ❑speak ❑ Do not speak ❑speak ❑ Do not speak ❑speak ❑ Do not speak Print Name Print Name Print Name Print Address Print Address Print Address City State, Zip City State, Zip City State, Zip ORDER OF DECISION CALDWELL PLANNING & ZONING COMMISSION CITY OF CALDWELL, IDAHO PUBLIC HEARING HELD OCTOBER 11, 2016 Subject: Case No.SUP-16-14(Savala Used Car Sales SUP) THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION: • SPECIAL USE PERMIT REQUEST TO OPERATE A VEHICLE SALES LOT WITHIN THE C-C (CITY CENTER) ZONING DISTRICT. 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-16- 14 to be held before the Caldwell Planning & Zoning Commission on October 11, 2016. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On September 25, 2016 notice was published in the Idaho Press Tribune, on September 23, 2016 notice was mailed to all political subdivisions providing services to the site and to property owners within 300 feet of the site; and, on September 29, 2016 notice was posted on the site. 1.2 On October 11, 2016, the Caldwell Planning & Zoning Commission voted to APPROVE the special use permit. 1.3 Files and exhibits relative to this application are available for review in the Planning and Zoning Department, 621 Cleveland Boulevard, Caldwell and at applicable public hearings. II GENERAL FACTS 2.1 APPLICANT/OWNER: Edward Savala, 301 Cleveland Boulevard,Caldwell, Idaho,83605. 2.2 REQUEST/BACKGROUND: The applicant is requesting special use permit approval to operate a vehicle sales lot for used cars. The property currently has an existing medical office that is ran and operated by Dr. Savala. 2.3 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map designation for the site is City Center. City Center: Suitable for a wide range of residential and commercial land uses, including vertical and horizontal mixed uses, attached single-family and multi-family housing, community and neighborhood retail, professional offices, services, hotel-motel, entertainment, cultural, and civic uses. The primary Case No.SUP-16-14 Savala Used Car Sales SUP Page 1 of 5 P&Z Commission Order of Decision goal of this classification is to create a mixed use pedestrian area. Highly automobile-dependent uses and surface parking lots are generally discouraged in the core area of this classification. 2.4 Land Use: The subject property is zoned C-C(City Center) and is surrounded by the following uses: Direction Zone Comprehensive Map Use Site C-C City Center Medical Office North C-C City Center Residential South C-C City Center Office East C-C City Center Superior Paint&Glass West C-C City Center Residential 2.5 Public Services, Utilities and Facilities: The engineering department, fire marshal, building department, and police department were all sent a request for comment on September, 12,2016. As of October 5, 2016 no agencies have responded to this request. 2.6 Transportation/Connectivity: The subject property has frontage on Cleveland Boulevard, a principal arterial roadway, and 3rd Avenue, a local street. 2.7 Landscaping: As per Section 10-07-02(2) of City Code, landscaping should be required for this request. Typically the applicant would be required to install a 25-foot wide landscape buffer along Cleveland Boulevard, and a 10-foot wide landscape buffer along 3rd Avenue. Due to the fact that there currently exists an area for landscaping located between the existing curb and sidewalk abutting the site on both streets staff is rcommending that the applicant be required to install grass, trees, and shrubs within this existing area. The applicant should be required to install grass, 3 trees and 14 shrubs along Cleveland Boulevard abutting the site, and 4 trees and 18 shrubs along 3rd Avenue abutting the site. As per Section 10-07-09 of City Code, landscaping should be required for the parking lot. Linear grouping of parking spaces shall not exceed 12 in a row, without the installation of an interior landscape planter island. Interior landscape planter islands should be installed at the ends of all parking rows throughout the lot. 2.8 Parking: As per Section 10-02-05 of City Code parking should be required for this project. Parking should meet the minimum requirements as detailed in City Code and must be paved. III PUBLIC TESTIMONY 3.1 Before the Planning&Zoning Commission,October 11, 2016 Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report. Mr. Wagoner testified that this is Special Use Permit to operate a vehicle sales lot within the C-C (City Center)zoning district. Commissioner Page asked about compliance with the Comprehensive Plan analysis within the city center, how does this particular type of development go along with what is currently being encouraged in that area? Mr. Wagoner indicated there are a wide variety of types of businesses within the area. The downtown core which would be considered 7th Avenue, Kimball and Main, where the new plaza is going in, and a variety of different retail. We are trying to focus on more retail business in the downtown core. This property is fairly outside of that area, more near the edges of the City Center district are and very close to Simplot Blvd. Case No.SUP-16-14 Savala Used Car Sales SUP Page 2 of 5 P&Z Commission Order of Decision \ Dr. Savala, 301 Cleveland Blvd., Caldwell, Idaho testified that he has a medical practice on 3rd and Cleveland Blvd. He has given advice to many patients on purchasing a vehicle. It was finally brought to his attention that maybe he should sell cars there. His intent is to help his patients find a reliable car at a decent price. This is different because it is secondary to his main business. He doesn't have to sell cars to make a living. He feels this will be a positive opportunity for the community. Especially those who have to rely on buying used vehicles. Regarding landscaping he would like to use the gravel that he was told would meet the requirement when he first moved in. He put gravel on both 3rd and Cleveland Blvd. The trees, shrubs and grass he agrees with. He believes it only adds value to his property. He would like to put in trees and shrubs and keep the gravel. Mr. Wagoner indicated that city code does require grass and trees in the area Dr. Savala is talking about. The Commissioners do have the authority to go either more or less restrictive than code if they feel it is appropriate. We have been consistently requiring grass and trees and he understands Dr. Savala's concern, where he did place gravel in those areas. Dr. Savala doesn't have a problem with the requirement, but he would like to avoid the added cost of removing all the gravel. The trees and shrubs are fine,that's a positive improvement. Mr. Wagoner would like to see grass and trees on the Cleveland Boulevard side of the property as required by the code. He is willing to work with Dr. Savala and would recommend that he keep the gravel along 3rd Avenue where the majority of the gravel is located. With the committee's approval Mr. Wagoner would agree to leave Condition 8.4 the same but Condition 8.5 would be amended to strike the vegetative ground cover requirement as well as the statement dry landscaping shall not be allowed. Commissioner Vance asked where the repairs would be performed. Dr. Savala said that no major repairs would be done on site. He has spoken to a mechanic that has his own shop and he would recommend customers go there. Paul Hubbs, 600 East Ash,Caldwell, Idaho is in favor of this proposal. MOTION TO CLOSE TESTIMONY: Commissioner Vance. SECOND: Commissioner Page. Passed: Unanimous roll call vote. 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 V COMPREHENSIVE PLAN ANALYSIS The Caldwell Planning & 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 1-1: Establish a sound basis for land use and environmental regulations through comprehensive planning and adopted policies and ordinances. Case No.SUP-16-14 Savala Used Car Sales SUP Page 3 of 5 P&Z Commission Order of Decision Policy 1-2: Identify potential takings of private property prior to a regulatory or administrative action on specific property. GOALS AND POLICIES—Economic Development GOAL 1: Maintain a high quality of life and livability in the community. Policy 1-3: Encourage development that generates new job opportunity. 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 1-2: Encourage commercial and industrial uses in areas that are readily accessible to regional and principal arterials and/or public transit. GOALS AND POLICIES—Public Services, Utilities,&Facilities GOAL 1: Ensure that there are adequate public services and infrastructure to meet the needs of the public. Policy 1-5: Assure that a development provides adequate water supply for fire flow. 5.2 Staff finds that the request was not found to be inconsistent with any portion of the Comprehensive Plan Components. All adopted city ordinances,standards and codes were used in evaluating the application. VI FINDINGS OF FACT 6.1 The Caldwell Planning & Zoning Commission accepts the facts outlined in the staff report, public testimony and the evidence list. All adopted city ordinances, standards and codes were used in evaluating the application. The proposed use is conditionally permitted by the terms of the ordinance and is subject to conditions of approval. VII CONCLUSIONS OF LAW 7.1 The Caldwell Planning & 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 & Zoning Commission hereby orders that Case Number SUP-16-14 a request by Edward Savala for a special-use permit to operate a vehicle sales lot within the C-C (City Center)Zoning District for the property located at 301 E. Cleveland Boulevard in Caldwell, Idaho is approved with the following conditions of approval: 8.2 All requirements of federal, state and local laws, rules and regulations in place at the date of submittal of any applications shall be adhered to in development of the subject property. Case No.SUP-16-14 Savala Used Car Sales SUP Page 4 of 5 P&Z Commission Order of Decision `, c' 8.3 All requirements of Caldwell City Code and any other officially adopted codes, manuals and/or resolutions in place at the date of submittal of any applications for the subject property shall be adhered to. 8.4 Install a landscape buffer along Cleveland Boulevard abutting the site containing vegetative ground cover, a minimum of 3 Class II trees and 14 shrubs. Dry landscaping shall not be allowed. The landscape buffer shall be located within the existing buffer area located between the street curb and detached sidewalk. 8.5 Install a landscape buffer along 3rd Avenue abutting the site containing a minimum of 4 Class II trees and 18 shrubs. The landscape buffer shall be located within the existing buffer area located between the street curb and detached sidewalk. 8.6 The required parking area shall be paved and landscaped. 8.7 Submit a parking plan and landscape plan in accordance with City Code. 8.8 No major repairs are allowed on the site. Only minor repairs to include tire changes, oil changes, windshield replacement,and similar. 8.9 No outdoor storage of tires, batteries, refuse,or oil anywhere on the subject property. 8.10 Correct any deficiencies and/or replace deteriorated facilities abutting the site, including sidewalk construction or replacement; curb and gutter construction or replacement; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items, abutting the site 8.11 Pave the existing alley its entire width abutting the site. The paving must be completed by a contractor licensed to work within City right-of-way. CASE NUMBER SUP-16-14 WAS HEARD BY THE CALDWELL PLANNING & ZONING COMMISSION AT A PUBLIC HEARING HELD OCTOBER 11, 2016. THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION WERE ADMINISTRATIVELY APPROVED AND SIGNED BY THE CALDWELL PLANNING & ZONING COMMISSION CHAIRMAN ON THE DATE NOTED BELOW. i 41 l ' it/oto . d 1.ty-P•. .ran y,Chairma, ATTEST: /7/61)/ (Dib ZPIX•if-------d Date Jarom Wag CP, Senior Planner Case No.SUP-16-14 Savala Used Car Sales SUP Page 5 of 5 P&Z Commission Order of Decision . `