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Home My WebLink About3MS_HE_SR_2023-09-13 Staff Report Prepared by Katie Wright kwright@cityofcaldwell.org Caldwell Planning & Zoning Department STAFF REPORT for Public Hearing Item | Hearing Examiner | 09-13-2023 Case Number: SUB23-000019 / SUP23-000008 Associated Case Number: Request: A preliminary plat of approximately 4.04 acres and a Special Use Permit for 11 4-plexes and 1 duplex, totaling 46 dwelling units, along with lot 7 being 35’ rather than 25’ along a single-family home. Subject Site Location: R3508400000 Applicant: Dan Lardie, Leavitt Engineering Report Date: September 6, 2023 Hearing Examiner Hearing: September 13, 2023 STAFF ANALYSIS AND RECOMMENDATION SUMMARY Comprehensive Plan Compatibility: The proposal IS in conformance with the 2040 Comprehensive Plan’s stated goals and objectives, and MEETS the basic purpose and spirit of the adopted Comprehensive Plan. Surrounding Area Compatibility: The proposed use IS compatible with the surrounding zoning and/or land uses. Zoning District Regulations and Purpose Statement: The proposed use IS compliant with the regulations and purpose of the zoning district, with the approval of the proposed comprehensive plan amendment. STAFF RECOMMENDATION Staff finds the project IS compliant with all applicable codes, regulations, and policies. Should Council choose to approve the request(s), staff recommends the approval be subject to the conditions listed in the Findings of Fact, Conclusion of Law, and Order. TABLE OF CONTENTS: I. Application Facts & Project Summary II. Subject Site Photos III. Applicable Regulations IV. Preliminary Plat Approval Criteria V. Special Use Permit Approval Criteria VI. Public Notifications & Comments VII. Staff Analysis VIII. Areas of Special Concern IX. Staff Recommendation X. Examiner Decision Options I. APPLICATION FACTS & PROJECT SUMMARY Project Name: 3MS Subdivision Applicant Name: Dan Lardie, Leavitt Engineering Applicant’s Representative: Dan Lardie, Leavitt Engineering Property Owner(s): Silvestre Castaneda Subject Parcel(s): R3508400000 Subject Site Location North of Elgin St., East of N. 11th Ave. and West of N. 14th Ave. Total Acreage Approximately 4.04 acres Summary of Requests: SUB23-000019: A proposal for a preliminary plat of approximately 4.04 acres, with a total of 46 dwelling units; and SUP23-000008: A proposal for a Special Use Permit to allow for 4-plexes in the Traditional Neighborhood zone. Proposed Phasing: 1-Phase Proposed Development Timeline: Not provided Development Agreement Required ☒ Yes ☐ No SPECIAL ON-SITE FEATURES Floodplain None Mature Trees None Streams /Creeks None Wildlife Habitat None Riparian Habitat Area None Steep Slopes / Hillside None Canals / Ditches None LAND USE Existing Manufactured Homes Proposed Subdivision of 4-plexes and a duplex ZONING DISTRICT Existing Traditional Neighborhood Proposed Traditional Neighborhood In City Overlay District ☐ APO-1 ☐ APO-2 ☐ HD-1 ☒ None COMPREHENSIVE PLAN LAND USE DESIGNATION Existing Traditional Neighborhood Proposed Traditional Neighborhood LOT / BUILDING / STRUCTURE INFORMATION Type: Total # Lots Total # Buildings Total # Dwelling Units: Max. Height of Buildings Duplex 1 1 2 Allowed 55’/25’ Proposed 35’ 4,5, or 6- Family Dwellings 11 11 44 Allowed 55’/25’ Proposed 35’ RESIDENTIAL DENSITY Maximum Allowed 5-20 DU/acre Proposed 11.39 DU/ per acre OPEN SPACE Min. Required 10% Proposed 10.06% Total # of Common Lots 4 PROPOSED AMENITIES ☒ Playground / Tot Lot ☐ Clubhouse / Community Center ☐ Pool ☒ Shade Structures ☐ Public Barbecues ☐ Pickle ball Courts ☐ Basketball Courts ☐ Tennis Courts ☐ Horseshoe Pits ☐ Baseball / Softball Fields ☐ Soccer Fields ☐ Other, see description(s) below: Other Amenities: Benches PARKING AND SIGNAGE Parking and Loading Off-Street Parking Required 68 minimum standard spots Proposed 90 standard spots Proposed Signage: Signage is not addressed at the time of this application. LANDSCAPING, BUFFERING, AND SCREENING Landscaping Street Buffers Required Elgin St. requires a 10’ landscape buffer Proposed 10’ wide buffer along Elgin St. Buffers Between Land Uses Required 15’ wide land use buffer along north side of property 10’ wide land use buffer along southeast property line and northwest property line Proposed 15’ wide land use buffer along north side of property Parking Lot Landscaping Required CCC: 10-07-09 Proposed One class 1 or 2 tree shall be in each island. This is shown in most islands, but not all. This will be conditioned. Fencing and Screening (Other than for public pathways): Fencing along Property Line(s) Required N/a Proposed A 6’ vinyl privacy fence along the property line of the site and right behind the landscape buffer along Elgin. Public Pathway Fencing Required n/a Proposed n/a Trash Enclosure Screening Required CCC: 10-07-10(6) Proposed Has not been addressed at this time. LANDSCAPING AND SITE MAINTENANCE Proposed Homeowner’s Association: ☒ Yes ☐ No UTILITIES AND PUBLIC SERVICE FACILITIES Utilities and Public Services: Sewer An existing 15” sewer line that runs through the property. Water An existing 10” water main in E. Elgin St. will be extended to serve this property. Irrigation Pressure irrigation will continue to be provided via the existing private pump station on site with delivery of Pioneer Irrigation water. Applicant still needs to get water rights from Pioneer Irrigation District. Applicant is proposing pressurized irrigation for all plant materials. Stormwater The applicant proposes retaining storm water on site, per City Code, through a storm drainage pond and infiltrated sub surface. School District Caldwell School District. Fire / Police Emergency services will be available through Caldwell Police Department and Caldwell Fire Department. The nearest police station is approximately 0.5 miles away and the nearest Fire Station is approximately 0.6 miles away in fire zone 1. TRANSPORTATION, ACCESS, AND CONNECTIVITY Transportation and Connectivity Street Frontage The subject site has approximately 255’ of frontage along E. Elgin St. Proposed Site Access: The development is proposing one full access on Elgin St. Micro Pathways Required 5’ pathway with 5’ of landscaping on either side; comply with CCC 10-07-11 Proposed 5’ internal pathway, conditioning landscaping. Major Pathways Required CCC 10-07-11 Proposed None, no connection possible for this location Public Pathways Required Not required for this location Proposed None Sidewalks Required 5’ sidewalk along Elgin St. Proposed 5’ sidewalk along Elgin St. SITE AND SURROUNDING AREA CURRENT ZONING AND COMPREHENSIVE PLAN LAND USE DESIGNATION MAPS Map 1: Zoning Map Map 2: Comprehensive Plan Map Orange Hatch = Traditional Neighborhood Light Blue = Interchange or Freeway Commercial Pink = Commercial Service Grey = Community Commercial Purple = High Density Residnetial Brown = Traditional Neighborhood Pink = Commerical & Service Dark Green = Environmentally Sensitive Grey = Public Blue = Manufacturing and Production Orange = High Density Residential SITE AND SURROUNDING AREA LAND USE, ZONING, AND FUTURE LAND USE COMPATIBILITY CONDITIONS Direction Zoning District* Existing Land Use City Comprehensive Plan Designation Subject Site T-N Single Family Traditional Neighborhood North of Site C-3; C-4; R-3 Summit Seed Coatings Manufacturing and Production and Environmentally Sensitive South of Site T-N Canyon Springs Alternative High School Public and Traditional Neighborhood West of Site T-N; R-3; C-2 Single Family homes Commercial & Service and Public and Traditional Neighborhood East of Site T-N; R-2; R-1 Manufactured homes Traditional Neighborhood *T-N = Traditional Neighborhood / R-1 = Low Density Residential / R-2 = Medium Density Residential / R-3 = High Density Residential / C-3 = Service Commercial / C-2 = Community Commercial / C-4 = Freeway Commercial II. SUBJECT SITE (PHOTOS) The following site photos were taken by staff on August 8, 2023. Looking at site from Elgin St. Looking at site from Elgin St. Property to the West Property to the East Property to the North Property to the South III. APPLICABLE REGULATIONS The City of Caldwell Planning and Zoning Department reviews land use applications for conformance with the following codes, regulations, plans and policies: • City of Caldwell Zoning Ordinances • City of Caldwell Subdivision Ordinance • City of 2040 Caldwell Comprehensive Plan • City of Caldwell Parks and Recreation Master Plan • City of Caldwell Pathways and Bicycle Route Master Plan • Treasure Valley Tree Selection Guide • Idaho Code, Title 67, Chapter 65, Local Planning Act IV. PRELIMINARY PLAT APPROVAL CRITERIA Caldwell City Code Section 11-02-03 (1) E2 (A) through (1) E2 (E) outlines the Conclusions of Law for approving a preliminary plat. Before the commission recommends approval of a preliminary plat and before the council approves any preliminary plat, the commission and the council must individually find and conclude the following: 1. The plat is in compliance with "city code"; 2. The plat is consistent with the city comprehensive plan; 3. Public services and utilities are available or can be made available and are adequate to accommodate the proposed subdivision; 4. The plat is consistent with the city transportation master plan; and 5. The subdivision preserves natural, scenic or historic features, if applicable. V. SPECIAL USE PERMIT APPROVAL CRITERIA Caldwell City Code Section 10-03-04 outlines the Conclusions of Law for approving a special use permit. Before the commission approves any special use permit, the commission must find and conclude the following: 1. The proposed use would not or will not cause any damage, hazard, nuisance or other detriment to persons or properties in the vicinity. 2. The proposed use is conditionally permitted by the terms of the ordinance. 3. The proposed use in not in conflict with the comprehensive plan. 4. The proposed use does not impact the ability of political subdivisions, including school districts, to provide services for the proposed use. VI. PUBLIC NOTIFICATIONS AND COMMENTS AVAILABLE PUBLIC RECORDS: Files and exhibits relative to this application are part of the official record and were available for review in the Planning and Zoning Department located at 621 Cleveland Boulevard in Caldwell, Idaho, and at applicable public hearings. PUBLIC NOTIFICATIONS: Notice of Public Hearing was provided in accordance with Idaho Code, Title 67, Chapter 65, Local Land Use Planning Act and Caldwell City Code. NOTIFICATION TYPE KEY DATES Application Submittal June 22, 2023 Neighborhood Meeting April 21, 2023 Agency Notice July 3, 2023 Property Owner Notice (300’) August 3, 2023 Newspaper Legal Notice Published August 2, 2023 Site Posted August 11, 2023 Hearing Examiner Public Hearing September 13, 2023 REVIEW COMMENTS BY CITY DEPARTMENTS AND EXTERNAL AGENCIES: The following is a summary of agency comments that were provided at the time of drafting this report. All comments are included in their entirety as a part of the official record. AGENCY EXHIBIT # Caldwell Engineering Department See (Exhibit 1, Attachment B) for full comment including conditions. Caldwell Fire Department See (Exhibit 1, Attachment C) for full comment including conditions. Caldwell Mapping Department See (Exhibit 1, Attachment D) for email approving the development. Caldwell Irrigation Lateral District See (Exhibit 4) for comments. Canyon County See (Exhibit 4) for comments. PUBLIC COMMENTS: The following is a summary of public comments that were provided at the time of drafting this report. All comments are included in their entirety as a part of the official record. NAME EXHIBIT # Prior to completion of the staff report, there were no public comments. Not Applicable VII. STAFF ANALYSIS CHARACTER OF AREA: The site is characterized by traditional neighborhood. The applicant is proposing a high-density multi-plex subdivision, which is compatible with the surrounding residential area. There are currently several homes on the site that will be demolished. Providing more housing to serve this area is compatible with the Traditional Neighborhood zone. TRAFFIC MITIGATION: A traffic impact study (TIS) was not required for this development. CODE REVIEW: The preliminary plat and special use permit application submitted proposes a T-N (Traditional Neighborhood) zone. “The purpose of the T-N (traditional neighborhood) zone is to protect, enhance, and revitalize the historical traditional neighborhood areas in accordance with the Caldwell comprehensive plan: A. To provide for a mix of land uses that allow for residents to live, work, play and shop; B. To balance the needs for parking and vehicular circulation with the development of a walkable, pedestrian environment; and C. To further enhance and grow established neighborhood areas for residential and commercial investment.” The proposed high-density subdivision is an allowed land use within the zone, with the approval of a Special Use Permit to allow for 4-plexes, and complies with the intent and purpose of the zoning district. The following information is an analysis of the proposal based on City Code Requirements: Applicable Code Meets Code Yes No 10-02-01 Height, Setbacks, and Lot Dimensions ☒ ☐ 10-02-05 Parking, Loading, & Pedestrian Amenity Standards ☒ ☐ 10-02-07 Fencing Regulations ☒ ☐ 10-07-03 Landscape Plan Preparation, Requirements, & Submittal ☒ ☐ 10-07-04 Landscape Criteria and Installation Practices ☒* ☐ 10-07-07 Vision Triangle ☒ ☐ 10-07-08 Street Landscape Buffers ☒ ☐ 10-07-10 Buffers Between Different Land Uses ☒ ☐ 10-07-12 Irrigation ☐* ☒ 10-07-13 Landscaping in Storm water Areas ☒* ☐ Chapter 11 Subdivision ☒ ☐ *Will meet city code at the time of building permit. CONFORMANCE TO THE 2040 COMPREHENSIVE PLAN: The Comprehensive Plan land use map designation is T-N (Traditional Neighborhood), which is compatible with the surrounding land use designations. The zoning designation and development proposal is consistent with the following goals and policies from the 2040 Comprehensive Plan: VIII. AREAS OF SPECIAL CONCERN There are no outstanding areas of concern at this time. Population (Chapter 2) Policy 1-1: Plan for anticipated population and households that the community can support with adequate services and amenities. Land Use (Chapter 5) Policy 1-1: Guide the growth and development of land uses in such a way that the health, safety, and general welfare of residents will be protected. Policy 2-4: Allow for higher density development as a means to support public transportation. Policy 3-2: Maximize the use of land by encouraging high-density residential development in areas that have adequate services that can act as a buffer between less dense residential and commercial uses, and support public transit. Transportation (Chapter 9) Policy 2-1: Ensure that lots have sufficient frontage and/or accessibility to public streets to mitigate public health and safety concerns. Policy 3-3: Upgrade older sidewalks and build new sidewalks in locations where they do not currently exist. IX. STAFF RECOMMENDATION Based upon a thorough review and analysis of the proposed application requests, staff is recommending approval of Case No: SUB23-000019, and SUP23-000008 as provided in the Findings of Facts, Conclusions of Law, and Order found in Exhibit 1; subject to the conditions as listed within the Findings of Facts, Conclusions of Law, and Order found in Exhibit 1, Section III. X. DECISION OPTIONS DECISION OPTIONS 1) Examiner may vote to recommend approval of all applications or any of the Preliminary plat and approve Special Use Permit applications individually with conditions; or 2) Examiner may vote to recommend denial of all applications or any of the Preliminary Plat, and deny Special Use Permit applications individually with, state the reason for denial, and direct staff to make findings of fact to support this decision; or 3) Examiner may vote to continue the public hearing to a future public hearing date (date certain), and request additional information from staff, the applicant, or both. 4) Examiner may vote to continue the public hearing to a future public hearing date (date known), and request additional information from staff, the applicant, or both, and a re-noticing and advertisement. Exhibit 1: Findings of Facts, Conclusions of Law, and Order Attachment A: Site Plan, Landscape Plan, Elevations, Plat Attachment B: City of Caldwell Engineering Comments and Conditions Attachment C: City of Caldwell Fire Department Comments and Conditions Attachment D: City of Caldwell Mapping Approved Street Names, Street Layout and Configuration, Lot and Block Numbering, Subdivision Name and Phasing Plan Exhibit 2: Application Documents • Application • Neighborhood Meeting Letter • Neighborhood Meeting Mailing List • Neighborhood Meeting Sign-In Sheet • Narrative • Vicinity Map • Plat • Landscape Plan • Elevations • Site Plan Exhibit 3: Outside Agency Comments • Canyon County • Pioneer Irrigation District ATTACHED EXHIBITS EXHIBIT 1 Findings of Facts, Conclusions of Law, and Order EXHIBIT 2 Application Documents EXHIBIT 3 Outside Agency Comments