HomeMy WebLinkAboutPlanning Zoning-Hearing Examiner SUB 17P-05 Pioneer Squareat
ITEM DATE SUBMITTED BY
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PLANNING AND ZONING/HEARING EXAMINER
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CITY OF O o
.fc{aho-c tDWE L 6e/&,e/[
GARRET NANCOLAS
208_455.3011
(n208.4s5.3003
Aty Holl4ll Blaine Skeet
Caldwell, ldaho 81605
PonCfr(ieo,
P.O.Box I I79
Calditell, ld.ho 83606
Fora list oltheCary
Councilmemberr, virit
www.(ityofcaldwell.(cr
Caldwe I Hearing Examiner agenda for Publ c Hearing on Tuesday, January 9, 2018 at 7:00
p.m., in the Commun ty Room of the Ca dwell Police Department at 1'10 South 51" Avenue.
Ca dwell, ldaho.
AGENDA
l. Call to Orderll. Review of Proceedingslll. Old Business
Approve Minutes from November 14, 2017lV. New Business
Case Number SUB-175-01:A request by Josh McKim for Short PIat approval of McKim
Condominiums consisting of 4 condominium units, within the C-'l (Neighborhood
Commercial) zoning designation. The subject property is located at 2523 S. 1orh Avenue
(Parcel # R357901 1400) in Caldwell, ldaho.
Case Number SUB-I7P-05: A request by ECI and Cheri Moore for Preliminary Plat approval
of Pioneer Square Subdivision consisting of 2.02 acres, more or less, to be subdivided into I
multi-family residential lots and 1 common lot. The subject property is located at on the west
side of Cleveland Boulevard, approximately 250 feet north of the intersection of Cleveland
Boulevard and Charmae Street (Parcel # R3245700000) in Caldwell, ldaho.
CONTINUEO TO Wednesday January 17, 2018: Case Number ANN-17-06/PUD-17P-01:
A request by Providence Properties, LLC to annex 159 acres, more or less, with an R-2
(Medium Density Residential) zoning designation on 101.7 acres more or less; and a C-2
(Community Commercial) zoning designation on 57.3 acres more or less with a Development
Agreement. Also requested is a Planned Unit Development with Preliminary Plat for Adam's
Ridge Subdivision consisting of 478 single family lots, 22 four-plex lots, 1 apartment lot, 1
mini-storage lot, and 6 commercial lots. The subject properties are located at the southwest
corner of Midland Boulevard and Ustick Road, ln Caldwell, ldaho (Parcel # R3086700000 &
R3086800000).
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Next Hearing Examiner Public Meeting Date: Wednesday, January 17, 2018, at 7:00 p.m.
V. Adjourn
SUGGESTIONS FOR TESTIFYING AT PUBLIC HEARII{GS
1 Relftember youa objective...lt is you. objective to persuade the decision mekers lo vote oa decide in lavor of youa side of the
issue, lt will nol help your cause to anger, a{ienale or antagonlze the decision makers wtro aae listening to your presenlation.
2. Show your sr6ngth...Many neighborhood groups have organized their teslimony by heving one or a few people speak on
behalf of the group. The leader will ask ihose in the audience supporting the testimony ro sGnd This conveys to lhe decision
makers lhe seaousness with which the issue is viewed by the attending parties.3. Speak to th6 point...Public ofticials have heard hundreds of people give testimony They are grateful when the testrnony is
perlinent, w6ll organized, and direc y regards th€ matter at hand. Long stones. lectures or phrlosophy, abstract complarnts
abo ut genera liles. or redundant lestimony are usuaily a poor use ot time.4. State your recommendation.5. Be intormed,... Get a copy of lhe pian b€ing heard, the staff report, the proposed ordinance. or othe. perllnenl matenal Then
read it and plan your comments accordingly.6. lf you don't wish to speak. wrlte lt down... and submit it prior to the hearing. lf writlen testimony ,s specific, lo the goinl and
concise, il wlll be given as much ettenlion as oral lestimony.7, Be reasonabl6.,..Put yourself in the shoes of the decision make6. They musl balance all pornts of view, interests and
proposals being made, and tind the best course for th6 overall public good. While. 8e prepared to compromlse.
Any person needing sp€cialaccommodations to p,trticipate in lhe meeting should contacl lhe
Cit/ Office at (208) 455-4667 prior lo lhe meeting.
c!3 C! er oer:Llfa ne,res tenca aca.oafrj:rdes esoea:lBs 3:r? cSd a p3r e. a ,er. cn lebe :onl3cia', r.;.icl:ir!e sCiLd:cr lrmer.l18 i-i.l la,lr arre;.re 3.e..,r.
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crrY oF .ALDWELL O
CALDWELL HEARING EXAMINER MINUTES
Community Room, Caldwell Police Department
110 South 5th Avenue, Caldwell, Idaho
fanuary 9,2018 7:00 P.M.
II.
III,
Review ofProceedings - Mr. Jerome Mapp outlined the procedures for the public hearing.
Members Present: farom Wagoner (Senior Planner/Development Team Leader); Tim King
IEngineering TechnicianJ; April Cabello (Planning TechnicianJ.
Members Absent: Brian Billingsley (Planning Director); Robb MacDonald (City
Engineer); Lori Colligan (Administrative Secretary).
Old Business:
Mr. Mapp approved the Minutes ofthe November 14,2017 meeting as previously signed by
Hearing Examiner Mapp.
IV. New Business:
1. Case Number SUB-17S-01: A request by losh McKim for Short Plat approval of McKim
Condominiums consisting of4 condominium units, within the C-1 (Neighborhood
Commercial) zoning designation. The subject property is located at 2523 S. 1Oth
Avenue IParcel # R3579011400J in Caldwell, Idaho.
Testimonv:
Jarom Wagoner, Senior Planner,62l Cleveland Blvd., Caldwell, ID 83605, presented the
staff report and stated that the applicant is requesting a short plat of a condominium plat,
which will consist of 4 condominium lots with in the C-1 [Neighborhood CommercialJ zone
The subject property is fully developed with 4 leasable units and a condominium plat will
create new ownerships for the units, rather than being leasable units they would be
saleable units. No new construction, simply allowing for separate ownership. Land use
features will not change; new owners will have to comply with the C-1 (Neighborhood
Commercial) zone. The Building Department, Fire Department, and Planning & Zoning
have scheduled a meeting with the property owner and applicant on the requirements for
firewalls and ratings. This meeting will not change the recommended conditions to
comply with applicable City Codes, 0rdinances, Building and Fire requirements.
Pat Tealey, Tealey Land Surveying, 12594 Explorer Drive, Boise, Idaho testified that he is
the representative for the applicant and that the building is existing, the uses are existing,
the only thing they are trying to do is create a form ofownership called a condominium
Hea ring Exarniner Minutes
January 9, 2018
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I,Call to Order - Hearing Examiner, Mr. Ierome Mapp, opened the meeting for the public
hearing at 7:09 p.m.
and acknowledger?o ,, , new experience For the City of Ca,t"u. ,r. r"ut"y
acknowledged the meeting with Building, Fire and Planning Departments to go over the
definition ofa condominium and that he has recommended people for the city departments
to talk to so everyone can understand that this type of ownership does not create lot lines
between the units. All the structural and the demising walls in the building are owned in
common and there is only a vested interest in the walls by all the people that are part of
the condominium association.
Mr. Mapp confirmed with Mr. Tealey that he is speaking about the space in each unit.
Mr. Tealey confirmed that the ownership is paint to paint, everything else is held in
common and there is only one owner per unit.
Mr. Tealey gave examples ofbuildings that had be condominimumized around Boise and
stated it is getting more popular and commercial condominiums are back in demand.
Don Lillie, 2601 Aspen Falls Ave, Caldwell, ID stated for the record that all his questions
and concerns have been answered.
MR. MAPP CLOSED THE PUBLIC TESTIMONY,
Comprehensive Plan Analysis for SUB-175-01 (ShortPlat)r The Hearing Examiner
accepted the comprehensive plan analysis as listed in the staff report.
Findings ofFact for SUB-17S.01 [ShortPlat): The Hearing Examiner accepted the general
facts as outlined in the staff report, public testimony, and the evidence list.
ORDER OF DECISION FOR SUB-17S-01: The Hearing Examiner RECOMMENDED that
Case Number SUB- 175-01 BE APPROVED with the following conditions: 8.2through8.4
2. Case Number SUB-17P-05: A request by ECI and Cheri Moore for Preliminary Plat
approval of Pioneer Square Subdivision consisting of 2.02 acres, more or less, to be
subdivided into 9 multi-family residential lots and l common lot. The subject property
is located at on the west side ofCleveland Boulevard, approximately 250 feet north of
the intersection of Cleveland Boulevard and Charmae Street (Parcel # R3245700000)
in Caldwell, Idaho.
Testimony:
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Conclusions of Law for SUB-17S-01 (ShortPlat): The Hearing Examiner accepted the
Conclusions of Law as outlined in the staff report.
Jarom Wagoner, Senior Planner,621 Cleveland Blvd., Caldwell, ID 83605, presented the
staff report and stated that the applicant is requesting for preliminary plat approval of
Pioneer Square Subdivision on approximately 2 acres for 6 multifamily residential lots. The
subject property is currently zoned C-3 (Service CommercialJ; the surrounding area is also
zoned C-3 and the comprehensive plan map is to be commercial, to the south and the west
Hearing Examiner Minutes 2
Ja nua ry 9, 2018
are zoned R-2 (Me m Density Residential) and the.o-r..t,u" olan map shorvs to be
high density residential. The proposed use is an allowed use in the C-3 zone; no special use
permit is required, The outlay of the property looks odd because of an administrative lot
split that occurred on the property the created 4 parcels, the main parcel is out front, two
smaller parcels and then a remnant piece. This allowed the applicant to get started
constructing a fourplex on each one of the lots since that was an administrative process; no
platting was required and to divide the rest of the property is what has brought them here
tonight to request approved to divide the rest of the property into 6 additional lots and
construct 6 additional fourplexes.
Mr. Wagoner further explained that a requirement ofa play structure, open space and a
cluster mailbox is a condition of approval.
Cheri Moore,425 S Whitely Drive #4, Fruitland, Idaho, testified that she would like to
request the subject property be split into 6 parcels for multifamily development and that
they currently have two under construction. There is a real need for multifamily housing in
the area and that is why they chose to develop this property into multifamily. The
surrounding area is residential and they held a neighborhood meeting to go over the
concerns with of the neighbors, which were mostly landscaping and has led to an intensive
landscaping plan, The front access will have multi-tenant retail with joint access that will
go behind the building serving the residences; the Fire Department confirmed that they
have plenty of access for the fire trucks to turn around.
Mr. Mapp closed the public testimony.
Mr. Mapp reopened the testimony asking Ms. Moore what lvas the timing of the play
structure
Mr. Mapp read condition number 8.6; Installation of a play structure shall be completed
prior to the City Engineer's signature on the final plat. Mr. Mapp stated that he wanted to
make sure they were aware of this condition and wants to make sure that the play area is
ready for the first set of residences.
Ms. Moore responded that she wanted to confirm that the play area is to be installed prior
to final plat approval.
Mr. Wagoner confirmed
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive PIan Analysis for SUB-17P-05 (subdivision): The Hearing Examiner
accepted the comprehensive plan analysis as listed in the staff report.
Hea ring Examiner Min utes
Ja nua ry 9, 2018
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Ms. Moore stated that the play structure is to be built when the other two lots are
developed.
Findings orpo.t ft}Ue-r7P-0s (subdivision): The H".rinp*.rrrin.r accepted the
general facts as outlined in the staffl report, public testimony, and the evidence list.
Conclusions of Law for SUB-17P-05 (Subdivision): The Hearing Examiner accepted the
Conclusions of Law as outlined in the staff report.
ORDER OF DECISION FOR SUB-17-P-05 fSubdivision): The Hearing Examiner
RECOMMENDED that Case Number SUB-17P-05 BE APPROVED lvith the [ollowing
conditions: 8.2 through 8.8.
Planning lssues - None
a. The next scheduled Hearing Examiner nleeting is scheduled for fanuary 17,2018
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE
DATE NOTED BELOW:
Mr.meMapp Date
Jarom W n nior Planner / Development Team Leader Date
For detailed Minutes, please request a copy of the digital recording.
VI
Hea ring Examine r M in utes
Ja n uary 9, 2018
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V.
Adiournment
The Hearing Examiner adiourned the meeting at approximately 7:36 p.m.
Respectfully submitted by April Cabello
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SIGN UP SHEET
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CASE NAME: Pioneer Square Sub
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Recommendation By The Hearing Examiner
City of Caldwell, Idaho
Public Hearing Held fanuary 9,ZOLB
Subiect: Case No. SUB-17S-01 (McKim Condos Short Plat)
The following Land Use Action is the primary feature ofthis application:
short Plat approval of McKim Condominiums consisting of four (4) condominium lots within the
C-1 (Neighborhood Commercial) zone.
TABLE OF CONTENTS:I COURSE OF PROCEEDINGSII GENERALFACTSIII TESTIMONYIV APPLICABLE LEGAL STANDARDSV COMPREHENSIVEPLANANALYSISVI FINDINGS OF FACTVII CONCLUSIONSOFLAWVIII RECOMMENDATION
1.1
7,2
1.3
II
2.7
2.2
COURSE OF PROCEEDINGS
The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application SUB-
17S-01 to be held on January 9, 2018. Public notice requirements set forth in Idaho Code. Chapter
65, Local Ptanning Act, were met. On, or before, December 16, 2077 , notice was published in the
Idaho Press Tribune, and on, or before, December 18, ZO77 notice was mailed to all political
subdivisions providing services to the site and to all property owners within 300 feet of the proiect
site; and on, or before, January 3, 2 018 notice was posted on the site.
On fanuary 9, 2018 the Caldwell Hearing Examiner recommended approval of the preliminary
plat request.
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.
GENERAL FACTS
APPLICANT: Josh McKim,2023 L2th Avenue, Nampa, Idaho,83686.
COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map designation for the
site is Commercial.
Page 1 of 6
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Case No. SUB-175-01 McKim Condos
Hearing Examiner Recommendation
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SURVEYOR: Pat Tealey, Tealey Land Survefng, 12594 Explorer Drive, Boise, Idaho,83713.
REQUEST: The applicant is seeking approval for a short plat/condominium plat for McKim Condos.
The subject property is zoned C-1 (Neighborhood Commercial). The site is located at 2523 S. 10th
Avenue in Caldwell, ldaho.
Commercial - Suitable for a wide range of retail and service uses including more intense
commercial uses such as those that require large amounts ofland for sales, storage or parking, light
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production or repair of consumer goods, and which may be less compatible with residential uses
due to traffic, noise and other impacts.
Land Use: The subject property is zoned C- 1 (Neighborhood Commercial) and issurrounded by:Direction Zone Comorehensive Map UseSite C-1 Commercial Office BuildingNorth R-1 Residential ResidentialSouth C-1 Commercial Office BuildingEast R-1 Residential ResidentialWest R-1 Public Wilson Elementary School
2.6 Transportation/Connectiviry: The subject property has frontage on 1oth Avenue, a minor arterial
roadway.
2,7 Public Services. IIt lities and Facilities The cities engineering department, fire marshal, building
department, and mapping department were all sent a request for comment on December 5, 2017.
The building department responded on December 8, 2 017 (see Exhibit PA-1J.
2.8 General: ldaho Code Title 55, Chapter 15, Condominium Property Act provides the following
5 5-15 04 Requirements to Qualifu:
a. Ifthereshall be recorded in the county in which such condominiums are located or to be
Iocated a declaration, as provided in this act, together with a plat or plats, andb. If said documents, or either of them, contain an expression of intent to create a project
which is subject to the provisions ofthis act, andc. Ifat least one ofsuch documents contains:(i) a plat or survey map of the surface of the ground included within the
project(iil diagrammatic floor plans of the building or buildings built or to be built
thereon in sufficient detail to identify each unit, its relative location and
approximate dimensions, showing elevations where multi-level or multi-
story structures are diagramed, and
[iii) a certificate consenting to the recordation of such documents pursuant to
this act, executed and acknowledged by the record owner and the holder of
any recorded security interest in such property. A condominium project is
created if there has been substantial compliance in good faith with the
provisions of this section.
55- 1523 Refusal to Approve Proiect or Record Plat Forbidden
No city council, board of trustees, or other governing body of the county, town, village
or city in which a pro.iect is created pursuant to this act shall have the right to refuse
acceptance or approval of nor may any counfy refuse for recordation a plat or plats
prepared pursuant to this act solely because a project is or condominiums are thereby
created.
5 5-15 24 Application of Local Zoning Ordinances:
Case No. SUB-17S-01 McKim Condos
Hearing Examiner Recommendation
Page 2 of 6
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2.5 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
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Unless a contrary intent is clearly expressed in local zoning ordinances, such ordinances
shall be construed to treat like structures, lots, or parcels in like manner regardless of
whether the ownership thereofis divided by sale of condominiums created in a pro.iect
pursuant to this act, rather than by the lease or other disposition ofsuch structures, lots
or parcels on any part or parts thereof.
55-7527 Zoning Laws Applied Where Not lnconsistent:
a. Except where inconsistent with the provisions or purposes of this act, state and local
laws relating to plats, recording, subdivisions or zoning shall apply to condominiums
and to projects as herein defined.
The project as proposed is an existing project that meets all the lot size, area, height and setback
requirements as well as all the other requirements of the zoning ordinance. The land use is an
allowed use within the C-1 Neighborhood Commercial zone. The request is to simply change
ownership capabilities on paper to thus allow individual ownership of each individual dwelling
unit, rather than owning the entire building and renting out each individual dwelling unit. This
request, as per Title 5 5, Chapter 15 of Idaho Code, meets the requirements of said title.
The applicant should be required to comply with all building department and building code
requirements prior to the City Engineer's signature on the final plat.
PUBLIC TESTIMONY
BEFORE THE HEARING EXAMINER,.January 9,2018
farom Wagoner, Senior Planner,621 Cleveland Blvd., Caldwell, ID 83605, presented the
staff report and stated that the applicant is requesting a short plat of a condominium plat,
which will consist of 4 condominium lots with in the C-1 (Neighborhood Commercial)
zone. The subiect property is fully developed with 4leasable units and a condominium
plat will create new ownerships for the units, rather than being leasable units they would
be saleable units. No new construction, simply allowing for separate ownership. Land use
features will not change; new owners will have to comply with the C-1 (Neighborhood
Commercial) zone. The Building Department, Fire Department, and Planning & Zoning
have scheduled a meeting with the property owner and applicant on the requirements for
firewalls and ratings. This meeting will not change the recommended conditions to
comply with applicable Ciry Codes, Ordinances, Building and Fire requirements.
Pat Tealey, Tealey Land Surveying, 12594 Explorer Drive, Boise, Idaho testified that he is
the representative for the applicant and that the building is existing, the uses are existing,
the only thing they are trying to do is create a form of ownership called a condominium
and acknowledged this is a new experience for the City of Caldwell. Mr. Tealey
acknowledged the meeting with Building, Fire and Planning Departments to go over the
definition of a condominium and that he has recommended people for the city
departments to talk to so everyone can understand that this type of ownership does not
create lot lines between the units. All the structural and the demising walls in the building
are owned in common and there is only a vested interest in the walls by all the people
that are part of the condominium association.
Mr. Mapp confirmed with Mr. Tealey that he is speaking about the space in each unit.
Page 3 of 6
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III
3.1
Case No. SUB-17S-01 McKim Condos
Hearing Examiner Recom mendation (t{
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4.2
4.3
4.4
Mr. Tealey confirmed that the ownership is paint to paint, everything else is held in
common and there is only one owner per unit.
Mr. Tealey gave examples of buildings that had be condominimumized around Boise and
stated it is getting more popular and commercial condominiums are back in demand.
Don Lillie, 2601 Aspen Falls Ave, Caldwell, ID stated for the record that all his questions
and concerns have been answered.
Mr. Mapp closed the public testimony.
APPLICABLE LEGAL STANDARDS
City of Caldwell Zoning Ordinance No, 1.451, as amended
City of Caldwell Comprehensive PIan, as amended
Idaho Code, Title 67, Chapter 65, Local Planning Act
Idaho Code, Title 55, Chapter 15, Condominium Property Act
V COMPREHENSIVE PLAN ANALYSIS
The Caldwell Hearing Examiner 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 7: 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 oI the property.
Policy 1-1: Establish a sound basis for land use and environmental regulations through
comprehensive planning and adopted policies and ordinances.
GOALS AND POLICIES - Economic Development
Policy 1-2: Promote iob market expansion that encourages opportunities for mid- and upper-range
wage scales and benefits.
Goal 6: Recognize and promote the importance oI retaining and attrocting basic industries to
Caldwell.
Policy 6-2: Ensure that an adequate inventory of commercial and industrial property is available
for new industries.
GOALS AND POLICIES - Land Use
Case No. SUB-17S-01 McKim Condos
Hearing Examiner Recommendation
Page 4 of 6
Policy 1-2: Identii/ potential takings of private property prior to a regulatory or administrative
action on specific property.
Goal 7: Promote economic development initiatives relating to housing, business, jobs, schools,
recreationol opportunities, inlrastructure systems, public utilities and facilities, and public
services,
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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
developmenl and adequately buffer non-compatible uses.
Policy L-2: Encourage commercial and industrial uses in areas that are readily accessible to regional
and principal arterials and/or public transit.
Goal 4: Create communities that generate cost eflective public services and infrastructure.
Policy 4-3: Require developers to meet design principles, development standards, and street and
utility improvement requirements as set forth in the City's subdivision ordinance and
infrastructure policy.
GOALS AND POLICIES - Public Services, Utilities, & Facilities
Goal 3: Protect the public, health, and general wewre oI the citizens of Caldwell.
Policy 3-1: Require all new non-agricultural development in the Caldwell Area of Impact be
connected to potable water and city sewer service.
Policy 3-3: Require new development to meet the City's pubtic infrastructure design standards, and
any other applicable public entity's adopted policies.
5.2 The request was not found to be inconsistent with any ofthe Comprehensive Plan Components
All adopted city ordinances, standards and codes were used in evaluating the application.
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6.1
FINDINGS OF FACT
The Caldwell Hearing Examiner 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.
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CONCLUSIONS OF LAW
The Caldwell Hearing Examiner has the authority to hear this case and recommend to the City
Council that it be approved or denied. The public notice requirements were met and the hearing
was conducted within the guidelines ofapplicable Idaho Code and City ordinances.
VIII
8.1
RECOMMENDATION
Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby
recommends to the Mayor and City Council that Case Number SUB-17S-01 a request by Josh McKim
for Short PIat approval of McKim Condominiums consisting of 4 condominium units, within the C-
1 (Neighborhood Commercial) zoning designation for the property located at 2523 S. 1Oth Avenue
(Parcel # R3579011400) in Caldwell, Idaho is approved with the following conditions ofapproval:
8.2 Comply with the all applicable city codes, ordinances, policies, and standards.
8.3 Comply with all requirements of the City of Caldwell Building Department, including but not limited
to those comments found within Exhibit PA-1 ofCase File # SUB-175-01.
8,4 All city engineering, fire, police, public works and planning & zoning department requirements
shall be met as well as the requirements ofany other applicable city agency.
Case No. SUB-175-01 McKim Condos
Hearing Examiner Recommendation
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Case Number SUB-17S-01 was heard by the Hearing Examiner at a Public Hearing held January 9, 2018.
The Findings of Facts, Conclusions of Law, and Recommendation were administratively approved and
signed by the Caldwell Hearing Examiner on the date noted below.
M, I me Ma Heari mlner
ATTEST:
Da oner, Senior Planner
Case No. SUB'175-01 McKim Condos
Hearing Examiner Recommendation
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