HomeMy WebLinkAboutSUP22-000017 Rice HE SR draftBefore the Caldwell Hearing Examiner
City of Caldwell, Idaho
Public Hearing Held October 27, 2022
Subject: Case No. SUP22-000017 (2310 Rice Avenue Rooming Boarding House)
Parcel: R04443
Planner: Alex Jones Associate Planner ajones@cityofcaldwell.org
The following Land Use Action is the primary feature of this application:
Special-Use-Permit request for a nine bedroom rooming/boarding house on .24 acres located at the corner of Montana Avenue and Oak Street on Parcel R04443. The subject property is zoned
R-2 (Medium Density Residential).
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II GENERAL FACTS
III PUBLIC 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 SUP22-000017 to be held before the Caldwell Hearing Examiner on October 27, 2022. Public
notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On, or before, October 9, 2022, notice was published in the Idaho Press Tribune, and on, or before,
October 7, 2022, notice was mailed to all political subdivisions providing services to the site and to all property owners within 300 feet of the project site; and on, or before, June
10, 2021 notice was posted on the site.
1.2 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: Ready Property Managers, PO Box 913 Emmett ID 83617
2.2 PROPERTY OWNER: READY STEADY LLC. 2075 PICKET LN CAMBRIDGE ID, 83617
2.2 ZONE DESIGNATION: The subject property is zoned R-2 (Medium Density Residential).
2.4 REQUEST: The applicant is requesting special use permit approval for a rooming/boarding house. The property is located at 2310 Rice Avenue, parcel R04443. The parcel consists of
.24 acres and is zoned R-2 (Medium Density Residential).
2.5 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: The Caldwell Comprehensive Plan Map designation for the site is Low Density Residential.
Low Density Residential— This category includes land that is suitable for single-family residential neighborhoods, to include churches, schools, neighborhood parks, comparable public
facilities and essential public utilities.
Land Use: The subject property is zoned R-2 (Medium Density Residential) and is surrounded by the following land uses:
Direction Zone Comprehensive Map Use
Site R-2 Low Density Residential Assisted Living
North R-1 Low Density Residential Residential
South R-1 Low Density Residential Residential
East R-1 Low Density Residential Residential
West R-1 Low Density Residential Residential
2.6 Transportation/Connectivity: The subject property has frontage on Rice Ave, a local roadway.
2.7 Public Services, Utilities and Facilities: The engineering department, fire marshal, building department, code enforcement, police department, economic development, mapping department,
canyon hill irrigation, Caldwell school district, compass, Caldwell transportation, valley regional transit, canyon county development services, southwest district health, Idaho power,
intermountain gas, and USPS were all sent a request for comment on September 8, 2022.
2.7.1 Engineering had no comments for this application
2.8 Background: A request for a Rooming/Boarding House in the R-2 (Medium Density) zone:
This house received an SUP in 2017 to become an assisted living home, the home was built to accommodate this use. The house has been vacant and the previous SUP has expired. The applicatnt
would like to open a Rooming/Boarding House that would house working professionals such as traveling nurses. The applicant wants to rent out the rooms for 3-12 months at a time. The
property is surrounded by single-family homes
Definition of Rooming/Boarding House:
BOARDING HOUSE: A nonprofit or for profit home providing food and shelter to three (3) or more persons, but not more than twelve (12) persons who are not members of the householder's
family, excepting that caring for foster children is not included in this definition.
III PUBLIC TESTIMONY
3.1 Before the Hearing Examiner, October 27, 2022
Reserved for the Hearing Examiner
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell Zoning Ordinance No. 1451, as amended
City of Caldwell Comprehensive Plan, as amended
Idaho Code, Title 67, Chapter 65, Local Planning Act
V COMPREHENSIVE PLAN ANALYSIS
The Caldwell Hearing Examiner accepts the Comprehensive Plan Components as listed below.
5.1 The request was found to be 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.
Policy 1-2: Identify potential takings of private property prior to a regulatory or administrative action on specific property.
5.2 The request was not found to be inconsistent with any 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 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. 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 Hearing Examiner 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 Hearing Examiner hereby orders that Case Number SUP22-000017, a request by Ready Property Managers for a special
use permit to open a Rooming/Boarding House located at 2310 Rice Avenue on parcel R04443, in Caldwell, Idaho, in an R-2 (Medium Density Residential) zone is approved/denied with the
following conditions of approval (if approved):
8.2 Comply with the all applicable city codes, ordinances, policies, and standards.
8.3 Comply with code requirements of the Caldwell Fire Department.
8.4 Comply with the Caldwell Landscape Ordinance.
8.5 Comply with all requirements of the Engineering Department as shown in “Exhibit PA-1”.
8.6 Within twelve (12) months of the date of signature of the Order of Decision of the approved Special Use Permit, a building permit application shall be submitted for the special use
otherwise the Special Use Permit shall become null and void.
8.7 The project design shall be in significant compliance with the elevation provided in Exhibit “A-3”.
8.8 Comply with the City of Caldwell Parking Ordinance.
EXHIBIT “A-2”
Narrative
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EXHIBIT “A-3”
Site Plan
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EXHIBIT “A-4”
Vicinity Map
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EXHIBIT “A-5”
Neighborhood Meeting Form
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EXHIBIT “A-8”
Landscape Plan
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