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Home My WebLink About02 Staff (3) ORDER OF DECISION BY THE HEARING EXAMINER CITY OF CALDWELL, IDAHO PUBLIC HEARING HELD SEPTEMBER 15, 2015 Subject: Staff Report— Case No. SUP-15-11 (Cottonwood Mobile Home Park SUP) THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION: • SPECIAL USE PERMIT REQUEST TO EXPAND AN EXISTING MOBILE HOME PARK WITHIN THE T-N (TRADITIONAL NEIGHBORHOOD) ZONING DISTRICT. TABLE OF CONTENTS: I COURSE OF PROCEEDINGS II GENERAL FACTS III 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 SUP-15-11 to be held before the Caldwell Hearing Examiner on September 15, 2015. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On August 30, 2015, notice was published in the Idaho Press Tribune, and on August 28, 2015 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 September 3, 2015 notice was posted on the site. 1.2 On September 15, 2015 the Caldwell Hearing Examiner approved/denied the special use permit request. 1.3 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: Lynn Hardy, 717 N. Indiana Avenue, Caldwell, ID, 83605. 2.2 REPRESENTATIVE: Tim Harrod, 322 Boise Street, Middleton, ID, 83644. 2.3 REQUEST: The applicant is requesting special use permit approval to expand an existing mobile home park within the C-2 (Community Commercial) Zoning District. There are currently 15 total units on the site; 4 apartments, 1 house, and 10 mobile homes. The applicant hopes to add an additional 7 units on the site. 2.4 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map designation for the site is Commercial. Case No.SUP-15-11 Cottonwood MH Park SUP Page 1 of 5 Hearing Examiner Order of Decision 1-0 Traditional Neighborhood — Suitable for a blend of medium and high density residential, small scale commercial, entertainment, educational, office, and open space uses that are geared to serve residents within a one-mile radius. The purpose of this designation is to create a centralized, pedestrian-oriented, identifiable focal point for neighborhood districts. The residential density range shall be at least six (6) units per gross acre but not exceed twenty (20) units per gross acre. 2.5 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: Land Use: The subject property is zoned T-N (Traditional Neighborhood) and is surrounded by the following uses: Direction Zone Comprehensive Map Use Site T-N Traditional Neighborhood Vacant Land North C-4 Commercial Residential South T-N Traditional Neighborhood Vacant Land West C-4 Commercial Medical Office Complex East T-N Traditional Neighborhood Truck Repair/Ag Transportation/Connectivity: The subject property has frontage on Boise Avenue, a collector roadway, Galveston Street, a local street, and Freeport Street, a local street. Public Services, Utilities and Facilities: The engineering department, fire marshal, building department, police department, Vallivue School District, Caldwell School District, Pioneer Irrigation District, VRT, Idaho Power, and Intermountain Gas were all sent a request for comment on August 26, 2015. The Fire Marshal responded on August XX, 2015 (see PA-1). The Engineering Department responded on September 8, 2015 (see PA-2). 2.6 Landscaping: As per Section 10-07-02(2) of City Code, landscaping should be required for this application. The applicant should be required to provide a 10-foot wide landscape buffer along Freeport Street, Boise Avenue, and Galveston Street. The buffer should be vegetative and contain a minimum of 1 Class II tree for every 35 feet of frontage and 1 shrub for every 7 feet of frontage. III PUBLIC TESTIMONY 3.1 BEFORE THE HEARING EXAMINER, September 15, 2015 Reserved for Hearing Examiner IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell Zoning Ordinance No. 1451, as amended 4.2 City of Caldwell Comprehensive Plan, as amended 4.3 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 proposed project is consistent with the following Comprehensive Plan Components: GOALS AND POLICIES — Property Rights Case No.SUP-15-11 Cottonwood MH Park SUP Page 2 of 5 Hearing Examiner Order of Decision 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. GOALS AND POLICIES — Economic Development Goal 4: To create neighborhoods where citizens can live, work, and play. GOALS AND POLICIES — Land Use 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 development, and adequately buffer non-compatible uses. Goal 2: To create a strong sense of community and place. OBJECTIVES APPLICABLE TO ALL LAND USES: Objectice A: To guide the growth and development of land uses in such a way that the health, safety, and general welfare of residents will be protected. Objective C: To encourage the restoration and redevelopment of underutilized and neglected properties through infill development. GOALS AND POLICIES—Transportation Goal 3: To create communities with more cohesive, interconnected and walkable neighborhoods. GOALS AND POLICIES— Housing Goal: To provide adequate housing for a range of income levels and residential needs. Policy 1-1: Promote infill development. 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 Case No.SUP-15-11 Cottonwood MH Park SUP Page 3 of 5 Hearing Examiner Order of Decision 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 SUP-15-11 a request by Lynn Hardy/Cottonwood Mobile Home Park for a special-use permit to expand an existing mobile home park within the T-N (Traditional Neighborhood) Zone located at 106 E. Galveston Road in Caldwell, Idaho, is approved/denied with the following conditions of approval (if approved): 8.2 Comply with all applicable city codes, ordinances, policies, and standards. 8.3 Dedicate a total of 30 feet of right-of-way measured from the centerline of Boise Avenue, abutting the site. The right-of-way shall be dedicated within 120 days of the signing of the Order of Decision for case SUP-15-11. 8.4 Improve Boise Avenue to include street lights, curb, gutter, and 5-foot wide sidewalk. Replace any deteriorated or broken curb with new curb and gutter. 8.5 Improve Galveston Street to include street lights, curb, gutter, and 5-foot wide sidewalk. Replace any deteriorated or broken curb with new curb and gutter. 8.6 Improve Freeport Street to include street lights, curb, gutter, and 5-foot wide sidewalk. Replace any deteriorated or broken curb with new curb and gutter. ave the alley its entire 16-foot width beginning at Boise Avenue and continuing through the entire length of the site (approximately 315 feet). 8.8 Install a 10-foot wide street landscape buffer along Boise Avenue. The buffer shall be vegetative (grass) and contain a minimum of 7 Class II trees, and 37 shrubs. 8.9 Install a 10-foot wide street landscape buffer along Galveston Street. The buffer shall be vegetative (grass) and contain a minimum of 8 Class II trees, and 44 shrubs. 8.10 Install a 10-foot wide street landscape buffer along Freeport Street. The buffer shall be vegetative (grass) and contain a minimum of 8 Class II trees, and 40 shrubs. 8.11 Provide a minimum 20 feet of separation between the new residential units and all other residential structures. 8.12 Provide a minimum of 10 feet of separation between all accessory structures. This setback requirement shall not be applicable to the residential structure of which the accessory structure belongs. 8.13 Provide a caretakers residence on-site. A caretaker shall reside on the premises. 8.14 Provide a tot-lot or child's play area on the site. The tot-lot/play area shall comprise a minimum of 1,000 square feet. 8.15 Comply with the City Engineering Department requirements as stated in Exhibit PA-2. Case No.SUP-15-11 Cottonwood MH Park SUP Page 4 of 5 Hearing Examiner Order of Decision CASE NUMBER SUP-15-11 WAS HEARD BY THE CALDWELL HEARING EXAMINER AT A PUBLIC HEARING HELD SEPTEMBER 15, 2015. THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION WERE ADMINISTRATIVELY APPROVED AND SIGNED BY THE CALDWELL HEARING EXAMINER ON THE DATE NOTED BELOW. M. Jerome Mapp, Hearing Examiner ATTEST: Date Jarom Wagoner, Senior Planner Case No.SUP-15-11 Cottonwood MH Park SUP Page 5 of 5 Hearing Examiner Order of Decision