Hearing Examiner

PLANNING SERVICES NEIGHBORHOOD & COMMUNITY SERVICES 911 NORTH 7 TH AVENUE I P.O Box 4169 POCATELLO, IDAH0 83205-4169 208.234.6184 WEB https://www.pocatello.us HEARING EXAMINER AGENDA Thursday, March 10, 2022 5:30 p.m. 911 N. Seventh Avenue, City Council Chambers Limited in-person attendance is allowed, but due to COVID-19 guidelines, strict social distancing measures are in place. DURING LOW/MEDIUM COMMUNITY LEVEL DESIGNATIONS, INDIVIDUALS ARE ENCOURAGED, BUT NOT REQUIRED, TO WEAR MASKS/FACE COVERINGS. DURING HIGH COMMUNITY LEVEL DESIGNATIONS, INDIVIDUALS WILL BE REQUIRED TO WEAR MASKS/FACE COVERINGS. City Hall is accessible to persons with disabilities. Program access accommodations may be provided with three (3) days’ 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: PUBLIC HEARING – CONDITIONAL USE PERMIT James Spoklie, represented by Ryan Eborn of West Wind Construction, requests a conditional use permit to allow construction of a new self-storage unit 800 square feet in size. The property is located at 799 Wilson Avenue in a Commercial General (CG) zoning district. Municipal Code Table 17.03.500 allows self-storage as a conditionally permitted use. (ACTION ITEM) AN EQUAL OPPORTUNITY EMPLOYER I VETERAN'S PREFERENCE  & FILE: 22-352 POCATELLO HEARING EXAMINER STAFF REPORT CONDITIONAL USE PERMIT APPLICANT/REPRESENTATIVE: James Spoklie / Ryan Eborn LOCATION: 799 Wilson Avenue LEGAL DESCRIPTION: Lots 31, 32 & the west 174 feet of Lot 33 Ida Tracts Subdivision CITY STAFF ASSIGNED: Matthew G. Lewis, Senior Planner HEARING DATE: March 10, 2022 REQUEST: James Spoklie, represented by Ryan Eborn of West Wind Construction, requests a conditional use permit to allow construction of a new self-storage unit 800 square feet in size. The property is located in a Commercial General (CG) zoning district. Municipal Code Table 17.03.500 allows self-storage as a conditionally permitted use. PHYSICAL CHARACTERISTICS OF THE SITE: The subject property is located at 799 Wilson Avenue. The site consists of 4 self-storage buildings ranging in size from 6,235 to 800 square feet in size. The remainder of the site is paved or graveled with vehicle storage. Land uses adjacent to and near the site consist of a mix of residential, commercial and some storage. A Union Pacific line abuts the site to the west. NOTIFICATION: The application is scheduled to be heard before a Hearing Examiner on March 10, 2022 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 February 18, 2022, in order that they may provide comment on the proposed application. Notice was also published in the Idaho State Journal on February 22, 2022, and a sign was posted on the subject property on February 22, 2022. 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: Municipal Code §17.02.130, §17.02.300, and §17.05.500 2015 City of Pocatello Comprehensive Plan 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:  1. Is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this code unless modified through the CUP process; Applicants Response: “Yes this is a self-storage building on land that already has self-storage on it. Staff Analysis: The zoning for the subject property is Commercial General (CG) and the proposed use is self- service storage, which is permitted in the CG district only through the approval of a Conditional Use Permit. Self-service storage is defined as a building or group of buildings under single ownership or management, consisting of individual, self-contained units that are leased, owned, or rented for storage of business goods, household goods, and/or contractor’s supplies. Sometimes referred to as ministorage or mini-warehouse. As proposed, and assuming compliance with the conditions listed, the project will be in conformance with all applicable provisions of this code. As noted above the site consist of 4 self-storage buildings ranging in size from 6,235 to 800 square feet in size. The remainder of the site is paved or graveled with vehicle storage. 2. Is consistent with the goals and policies of the comprehensive plan of the city; Applicants Response: “Yes we are keeping with the goals and policies of the City plan by adding more storage units.” Staff Analysis: The proposed project is consistent with the goals and policies of the Comprehensive Plan. The 2015 Comprehensive Plan identifies the subject property for Commercial (C). The property is currently zoned Commercial General which is consistent with the 2015 Comprehensive Plan (17.01.130). The Commercial designation is intended to support zoning districts that allow commercial uses. The “C” designation also allows for second-story residential uses, most community service uses, public and quasi- public uses such as parks or schools, and some public facilities. Chapter. 4 Economic Development includes the following applicable goal and objective: Goal 3: Strengthen the City’s accessibility, convenience, desirability and image as a regional shopping center and place to do business. Objective 3.3: Encourage infill and redevelopment of established industrial, employment and commercial areas. As stated under criteria #1, the proposed use is defined as self-service storage, which is a conditionally permitted use in the CG zoning district. 3. Is compatible with existing and permitted land uses within the general area; Applicants Response: “A self-storage facility is compatible with land uses in the general area.” Staff Analysis: The site already consist of 4 self-storage buildings ranging in size from 6,235 to 800 square feet in size. The remainder of the site is paved or graveled with vehicle storage. Land uses adjacent to and near the site consist of a mix of residential, commercial and some storage. A Union Pacific line abuts the site to the west. 4. Could be adequately served by public facilities and services such as thoroughfares, transportation facilities, police and fire protection, drainage, refuse disposal, water/sewer and schools, to ensure that the proposed use would not be detrimental to public health, safety, and welfare; Applicants Response: “Yes it is open to fire and drainage as needed and all other public utilties.” 799 Wilson Ave. – Conditional Use Permit Page 2 of 3 City of Pocatello Planning & Development Services  Staff Analysis: Adequate public facilities and services are existing and available to the subject property. The proposed use will not be detrimental to the public health, safety, and welfare. The applicant shall coordinate with the necessary City of Pocatello Departments such as Fire, Public Works/Engineering, WPC, Sanitation, Water, and Building Departments, prior to the submittal of a building permit to address improvements that may be required. 5. Would be harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses; Applicants Response: “Yes it’s matching existing use.” Staff Analysis: The proposed self-storage will be harmonious in scale, mass, coverage, density, and intensity with the adjacent permitted land uses within the Commercial General zoning district. The proposed structure will be constructed adjacent to a similarly sized storage unit 6. Would not adversely affect the environment to a greater degree than had a use permitted outright by the ordinance been established; Applicants Response: “No this job will not harm the environment or anything like that.” Staff Analysis: The proposed use will not adversely affect the environment to a greater degree than had a use permitted outright by the ordinance been established. 7. Would not be detrimental to the public interests, health, safety, or welfare of the city in its proposed location, size, design, and operating characteristics; Applicants Response: “This will not cause any health issues or anything.” Staff Analysis: The proposed development will not be detrimental to the public interest, health, safety, or welfare of the city in its proposed location, size, design, and operating. The proposed self-service storage unit will generate less impact to traffic patterns and municipal services than many of the uses permitted outright in the Commercial General zoning district such as eating and drinking establishments and retail shops. The owner does not plan on extending water and sewer to the structure. SUMMARY & CONDITIONS: In consideration of the application, staff concludes that the proposed conditional use permit is compliant with Pocatello Municipal Code Sections 17.02.130. Should the Hearing Examiner approve the request, staff recommends the following conditions: 1. The applicant shall coordinate with the necessary City of Pocatello Departments such as Fire, Public Works/Engineering, WPC, Sanitation, Water, and Building Departments, prior to the submittal of a building permit to address improvements that may be required and; 2. All other applicable permits and standards/regulations applicable to commercial development shall be strictly adhered to. ATTACHMENTS: A. Application & Supporting Materials B. Aerial View 799 Wilson Ave. – Conditional Use Permit Page 3 of 3 City of Pocatello Planning & Development Services