Hearing Examiner

� Planning ea: Devetopment Services Fl::T:arello PLANNING SERVICES 911 NORTH 7 TH AVENUE I P.0&»<4169 NEIGHBORHOOD & COMMUNITY SERVICES POCATELLO,IDAH083205-4169 208.234.6184 VVEB https://www.pocatello.us HEARING EXAMINER AGENDA Thursday, May 14, 2020, 5:30 p.m. 911 N. Seventh Avenue, City Council Chambers Due to the COVID-19 pandemic guidelines, no on-site public access is permitted for this meeting. The meeting will be live-streamed at: http://streaming.pocatello.us/ and available on Sparklight Cable channel 56. Phone number for public hearing testimony call-in: 208-234-6283 City Hall is accessible to persons with disabilities. Program access accommodations may be provided with three (3) days' advance notice by contacting Skyler Beebe at sbeebe@pocatello.us; 208.234.6248 or 5815 South 5th Avenue, Pocatello, ID. The Hearing Examiner provides professional review and makes decisions on matters involving variances, conditional use permits involving 1.5 acres or less and sign exceptions. The following is the official agenda of the Hearing Examiner. Discussion and action will be limited to those items on the agenda. Any citizen who wishes to address the Hearing Examiner shall first be recognized by the Hearing Examiner, and shall give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Hearing Examiner, he/she shall first seek permission from the Hearing Examiner. Oral testimony may be restricted to no more than 3 minutes per person. AGENDA ITEM 1: DISCLOSURE OF CONFLICT OF INTEREST, EX-PARTE CONTACT AND SITE VISIT. Disclose who was talked to, the basic substance of the conversation, and whether the conversation had any influence. Disclose if there is anything personally or professionally that would not allow an impartial or unbiased decision. Disclose if a site visit was done, location(s) of the visit, and what was seen. AGENDA ITEM 2: CONDITIONAL USE PERMIT & VARIANCE Chris Peterson, represented by Stewart Ward of Dioptra, requests a conditional use permit to allow for new self­ storage units to be developed within the Commercial General (CG) zoning district. The applicant also requests a variance from the required transitional landscape buffer between commercial and residential zones. (ACTION ITEM)  � Planning&: Development Services Fl::l=a.rello PLANNING SERVICES NEIGHBORHOOD & COMM UNITY SERVICES 911 NORTH 7th AVENUE I PO BOX 4169 I POCATELLO, IDAHO 83205-4169 I 208.234.6184 I https://www.pocatello.us AGENDA ITEM NO. _2__ POCATELLO HEARING EXAMINER STAFF REPORT CONDITIONAL USE PERMIT & VARIANCE APPLICANT /REPRESENTATIVE: Chris Petersen / Stewart Ward - Dioptra LOCATION: Parcel RPRPCPP021601, W. Alameda Rd. LEGAL DESCRIPTION: See Attachment "A" CITY STAFF ASSIGNED: Jim Anglesey, Assistant Planner HEARING DATE: May 14, 2020 REQUEST: Chris Petersen, represented by Stewart Ward of Dioptra, requests a conditional use permit to allow for new self-storage units to be developed within the Commercial General (CG) zoning district. The applicant also requests a variance from the required transitional landscape buffer between commercial and residential zones. PHYSICAL CHARACTERISTICS OF THE SITE: The subject property is currently a vacant and undeveloped parcel of land approximately .29 acres in size. This parcel is adjacent to the Union Pacific Rail Road right of way to the east and the Heritage Village Townhomes to the west. NOTIFICATION: The application is scheduled to be heard before a Hearing Examiner on May 14, 2020 at a public hearing in accordance with Municipal Code §17.02.300 and Idaho Code §67-6512. Notice of public hearing was mailed to all property owners within three hundred feet {300') of the external boundaries of the subject property on April 28, 2020, in order that they may provide comment on the proposed application. Notice was also published in the Idaho State Journal on April 28, 2020, and a sign was posted on the subject property on April 28, 2020. All notices herein described have been provided at least fifteen {15) days prior to the public hearing or as otherwise required by Idaho State Code. No public comment has been received at the time of completion of this report. HEARING EXAMINER AUTHORITY TO GRANT: The hearing examiner may approve, approve with conditions, or deny an application for a conditional use permit and/or variance. The decision may be appealed by the applicant or other affected persons according to the provisions of Idaho Code Section §67-6521 to the City Council, using the process outlined in Municipal Code Section §17.02.400, Appeals. Applicable regulations include the following: 1. Municipal Code §17.02.130, §17.02.170, §17.02.300, §17.01.150, §17.03.340, and §17.05.500 2. 2015 City of Pocatello Comprehensive Plan 3. Idaho Code §67-6512 CONDITIONAL USE PERMITS (CUP): 17.02.130.A DEFINITION: Conditional uses are uses that are allowed within a zoning district provided that certain standards (or "conditions") are met that will enhance the compatibility of the proposed use with other surrounding uses. Often conditional uses are unique and their effect on the surrounding environment cannot be determined in advance of a specific proposal for a particular location. Application for a conditional use permit affords the city an opportunity to review the location, design, configuration, and potential impact of the proposed use on surrounding land uses. 17.02.130.D CRITERIA FOR REVIEW: The hearing body shall review the facts and circumstances of each proposal in terms of the following standards and determine whether there is adequate evidence showing that the requested use at the proposed location: