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Home My WebLink About02 Staff/City Council STAFF — _ City Court ce I ITEM DATE SUBMITTED BY S-1 HEARING NOTIFICATION CHECKLIST S_03 JQCyuelin e Nrre-eRnd,ez S-2 NOTICE TO PUBLISH E-m y- 15- 03 J7blpi C-itv ��- S-3 MAILING LABELS LIST, 300' '/ VERIFIED �f /S-o 3 Jo c 9 u elm e ge Q.9c7E S-4 MAILING NOTICE 4- /8. 03 Jawe'inc. / 4ia e? S-5 MEMO TO GORDON LAW, DOUG BROWN, JEFF SCOTT nJ l3er, y' r- o -bb,e C�c ye✓- S-6 AFFIDAVIT OF PUBLICATION 4- 20 - 3 L. Bovb03a S-7 ACTS STAFF REPORT 4- z-6- ED.1 zr.-A— S-1 POSTED SITE I- 2L-o 3 Jacpe-/1 Ile-, hIe 5- ?e_4t ned maD -'- 2 ) - o3 JacguE 14 4 t2- S-C)t SuLk.KArichttOrtioA 5-In Legal Dtscripfioh ✓eal'“5}1 , (0-l8-03 auk- Vylars'1'or-\ S-� ( thew A re: p 2-1 Z -o t11 UR U PUBLIC HEARING NOTIFICATIOON CHECKLIST P &Z ✓ City Council Case Number loN - 29-03 Case Name 1of■i i ro per-h'ES Hearing Date 5-5'03 Publish Date y-20-03 (E-mailed to press on ')- !S- 03 ) Mailing Date q- /5-o3 The following, if checked, are to be noticed no later than the above mailing date: (I Applicant If site is in vicinity of water body: ( ) -Representativ ( ) Bureau of Reclamation (-) Property within 300 feet of project site ( ) Idaho Fish & Game (-)' Caldwell School District ( ) Corps. Of Engineers (. Caldwell Water Department ( ) Department of Water Resources (-) Pioneer Irrigation District (4 Canyon Hill Irrigation District If site is in vicinity of Boise River: (1- Black Canyon Irrigation District ( ) Bureau of Land Management (' Golden Gate Irrigation District ('f Riverside irrigation District ()f Caldwell Lateral Irrigation District If site is a gravel pit: (4 Canyon County Development Services ( ) Department of Lands (‘')- Canyon County Ambulance District (--)" Canyon Highway District #4 ( ) Other (s'f Vallivue School District•( - ' .•- :.. . . ( ) Southwest District Health- () -. : . --.. . '. i-.. - (i) Idaho Power ( ) Post Site on y- (''f Intermountain Gas Total on resident list: 3 D Total on political list: /41 MAILING GRAND TOTAL: L/' I verify that legal notification was published on the date noted below and that the mailings to those persons/agencies, as checked, was done on the mailing date stated. Verified by(t u..f•%-c, Date Signed: 4/-/9-0 3 I verify that I posted the site on the date noted above. Verified b Q G d /eal*. Date q-2Y- 03 NOTICE IS HEREBY GIVEN that the Caldwell City Council will conduct a public hearing in the Community room of the Caldwell Police Department, 110 S. 5th Avenue, Caldwell, Idaho on Monday, May 5, 2003 at 7:00 p.m., in order to hear the following: Case No. ZON-29-03, a request by Adelle Doty to rezone Lot 3, Block 1 of South Kimball Addition from R-1 (Single Family Residential) to R-3 (Multi-Family Residential) at 202 E. Ash Street. Case files and exhibits relative t o t his request are o n file a t the Caldwell Community Development Department and are available for review during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. Further information can be obtained by calling 455- 3021. A person who is visually and/or hearing impaired, or needs an interpreter should contact City Hall if they have any special needs. PUBLISH DATE: April 20, 2003 L- rr-of Q_cl - -c3 5 -2 :ase Name: Doty Propert_> , :ase Number: SUP-184-03 \ ZON-29-03 today's Date: 4-15-03 FirstName LastName Addressl City MICHAEL W BENEDICK 22262 USTICK RD CALDWELL, ID 83605 LAMOIN C BENNINGTON 2109 ARLINGTON AVE CALDWELL, ID 83605 STEFANIE BISTLINE 405 N MICHIGAN AVE CALDWELL, ID 83605 MONTY BLACK 2119 ARLINGTON AVE CALDWELL, ID 83605 JOHN D BLAISDELL 904 E MAPLE ST CALDWELL, ID 83605 DOROTHY F BUNTON 203 E ASH STREET CALDWELL, ID 83605 CARL G CHRISTENSEN 215 HILLDROP ST CALDWELL, ID 83605 DAVID H CROFT 103 E ASH ST CALDWELL, ID 83605 EVELYN M CUMMINS 2120 ARLINGTON AVE CALDWELL, ID 83605 ADELLE DOTY 25206 THE DRIVING LANE CALDWELL, ID 83607 EDWARD DUPPER 517 CALDWELL BLVD NAMPA, ID 83658 DANIEL JOSEPH SR EVANS 2202 ELLIS AVE CALDWELL, ID 83605 SCOTT GRINSTEAD PO BOX 140615 BOISE, ID 83714-0615 RALPH E GUSHWA 117 E ASH ST CALDWELL, ID 83605 BEATRICE C HAYES 206 E ASH ST CALDWELL, ID 83605 ARNOLD A HERNANDEZ 2112 ARLINGTON AVE CALDWELL, ID 83605 TRUOC HUYNH 412 E LINDEN ST CALDWELL, ID 83605 DANIEL J KING 211 E OAK ST CALDWELL, ID 83605 LORRAINE KLAHR 2203 ELLIS AVE CALDWELL, ID 83605 CLEON L MAY 107 E ASH ST CALDWELL, ID 83605 RANDY M MC ROBERTS 2205 S KIMBALL AVE CALDWELL, ID 83605 CAMERON D MELTON 204 HAZEL ST NO 1 CALDWELL, ID 83605 DENISE L POWERS 2208 ELLIS AVE CALDWELL, ID 83605 RICHARD C RENSTROM 2121 ARLINGTON AVE CALDWELL, ID 83605 RICHARD T ROBERGE MD 2005 ARLINGTON AVE CALDWELL, ID 83605 MARY L SORAN 211 E ASH ST CALDWELL, ID 83605 ROBERT ALLEN STEVENSON 118 E ASH ST CALDWELL, ID 83605 WILLIAM D TABER 2104 CRESCENT DR CALDWELL, ID 83605 JAMES L WHEELER 420 COTTONWOOD ST CALDWELL, ID 83605 ELEANOR G WOLLESON 2102 CRESCENT DR CALDWELL, ID 83605 TOM MOORE CALDWELL SCHOOL DIST#132 1101 CLEVELAND BLVD CALDWELL, ID 83605 VAUGHN HEINRICH VALLIVUE SCHOOL DIST#139 5207 S MONTANA AVE CALDWELL, ID 83605 JEFF SCOTT PIONEER IRRIGATION DIST PO BOX 426 CALDWELL, ID 83605 RIVERSIDE IRRIGATION DISTRICT P.O. Box 1080 PARMA, ID 83660 CANYON HILL IRRIGATION ATT: GARY TUTTLE PO BOX 448 NAMPA, ID 83653 ROY ORR BLACK CANYON IRRIG DIST PO BOX 226 NOTUS, ID 83656 GARY SHOEMAKER CALDWELL WATER DEPARTMENT P.O. BOX 1177 CALDWELL, ID 83606 GOLDEN GATE C/O RIPLEY DOORN &CO 824 DEARBORN ST CALDWELL, ID 83605 IRRIGATION CANYON COUNTY DEVELOPMENT SERVICES 1115 ALBANY ST CALDWELL, ID 83605 RUSS PAGE CALDWELL LATERAL IRRIG 1616 E CHICAGO ST CALDWELL, ID 83605 GREG OWEN CANYON CO AMBULANCE PO BOX 9160 NAMPA, ID 83652 SID BRIGHT CANYON HWY DISTRICT #4 15435 HWY 44 CALDWELL, ID 83605 IDAHO POWER C/O KEITH GEORGESON P.O. BOX 70 BOISE, ID 83707 INTERMOUNTAIN GAS C/O TONI GIBSON 2921 CALDWELL BLVD. NAMPA, ID 83651 5 -3 � `P�DWE` City of Caldwell 9 U "ae O � , �,, COMMUNITY DEVELOPMENT DEPARTMENT fi,y -��=`�`e< Land Use and Zoning Services leToO STEVE HASSON Community Development Director NOTICE IS HEREBY GIVEN that the Caldwell City Council will conduct a public hearing in the public meeting room of the Caldwell Police Department, 110 South 5th Avenue - Caldwell, Idaho on Monday, May 5, 2003 at 7:00 p.m., in order to hear the following: Case No. ZON-29-03, a request by Adelle Doty to rezone Lot 3, Block 1 of South Kimball Addition from R-1 (Single Family Residential) to R-3 (Multi-Family Residential) at 202 E. Ash Street. You are being notified because Idaho Code, 67-6509, Local Planning Act 67-6509, requires notice of this public hearing to be provided to all political subdivisions providing services to the City of Caldwell and to all property owners or purchasers of record who own property within 300 feet of the subject area. Correspondence regarding the proposal is to be submitted to the Community Development Department no later than five (5) working days prior to the public hearing and will be made a part of the public record during the public hearing. Any written testimony received beyond that date must be brief in order to be read or acted upon. Public testimony will be taken at the hearing and made a part of the record. Case files and exhibits relative t o t his request are o n file a t the Caldwell Community Development Department and are available for review during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. Further information can be obtained by calling 455- 3021. A person who is visually and/or hearing impaired, or needs an interpreter should contact City Hall if they have any special needs. CITY HALL 621 CLEVELAND BLVD. • P.O. BOX 1177 CALDWELL, ID 83605 • (208) 455-3021 • (FAX) (208) 455-3050 C _q AFFIDAVIT OF PUBLICATION STATE OF IDAHO ) ) SS. • County of Canyon ) Rae L. Barbosa of Nampa, Canyon County, Idaho,being first duly sworn, deposes and says: e0100147 04511744 1. That I am a citizen of the United States, 1 Caldwell, City of Comm. Deve and at all times hereinafter mentioned Legal Account was over the age of eighteen years, and PO Box 1177 not a party to the above entitled action. Caldwell ID 83606 2. That I am the Principal Clerk of the Idaho Press-Tribune, a daily newspaper published in the City of Nampa, in the County of Canyon, State of Idaho; that LEGAL NOTICE the said newspaper is in general NOTICE IS HEREBY GIVEN that circulation in the said County of the Caldwell City Council will con- Canyon, and in the vicinity of Nampa duct a public hearing in the Com- munity and Caldwell 'room of the Caldwell Police , and has been Department, 110 S. 5th Avenue, uninterruptedly published in said Caldwell, Idaho on Monday, May 5, � 2oa,3 at 7:00 p.m., in order to hear County during a period of seventy-eight the-following: consecutive weeks prior to the first Case No.ZON-29-03,a request by publication of this notice, a copy of Adelle Doty to rezone Lot 3, Block 1 which is hereto attached. of South Kimball Addition from R-1 (Single Family Residential) to R-3 3. That the notice, of which the annexed is (Multi-Family Residential) at 202 E. Ash Street. a printed copy, was published in said Case files and exhibits relative to newspaper 1 time(s) in the regular this request are on file at the Cald- and entire issue of said paper, and was well Community Development De- printed in the newspaper proper, and not partment and are available for re- view during the hours of 8:00 a.m.to in a supplement. 5:00 p.m. Monday through Friday. Further information can be obtained 4. That said notice was published the by calling 455-3021. A person who following: is visually and/or hearing impaired, g or needs an interpreter should con- 04/20/2003 tact City Hall if they have any special needs. April 20,2003 04511744 rs,. Off..,\r■ 0• 00 C3 C STAT OF IDAHO ) County of Canyon ) I � On the ,4 �day of (1, tip in the year of before me, a Notary Public, personally appeared. Rae L. Barbosa, known or identified to me to be the person whose name is subscribed to the within instrument, and being by me first duly sworn, GIX L. r6, '- declared that the statements therein are true, and � .••0 �j�--, acknowledge to me that he/she executed the same. = 1.1 : ? .� cn I l �9 -•- c° ri iii I's' (I �Glk 7b I Notaarriv Public for Idaho (PA'•'• (43 '`' Residing at Nampa *"•,,,„' 0)1r My commission expires April 19, 2008 CASE NO. ZON 29-03 DOTY REZONE AND LAW OFFICE BEFORE THE MAYOR AND CITY COUNCIL CITY OF CALDWELL, IDAHO MAY 5, 2003 A REQUEST TO REZONE A PARCEL OF LAND FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO R-3 (MULTIFAMILY HIGH DENSITY RESIDENTIAL); AND TO AMEND THE COMPREHENSIVE LAND USE MAP TO HIGH DENSITY RESIDENTIAL Before the Planning and Zoning Commission and conditionally approved on March 20, 2003 - A special use permit for a professional office in an R-3 zone (see Section XII, 12.1 through 12.12) TABLE OF CONTENTS: I. COURSE OF PROCEEDINGS, II GENERAL FACTS, III TESTIMONY, IV APPLICABLE LEGAL STANDARDS, V COMPREHENSIVE PLAN ANALYSIS VI FINDINGS OF FACT ON ZON-29-03, VII CONCLUSIONS OF LAW ON ZON-29-03, VIII AMENDMENT TO THE COMPREHENSIVE LAND USE MAP, IX P & Z COMMISSION'S RECOMMENDATION ON ZON-29-03, X CITY COUNCIL'S ORDER OF DECISION I COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on Case Nos. SUP-184-03 and ZON-29-03 to be held before the Planning and Zoning Commission on March 12, 2003. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On February 25, 2003 notice was published in the Idaho Press Tribune, and on February 21, 2003 notice was mailed to all property owners within 300 feet of the project site; and, on February 27, 2003 notice was posted on the site. 1.2 At that hearing, the Planning and Zoning Commission recommended approval of the request. 1.3 The Caldwell Community Development Department issued a notice of Public Hearing on Case No. ZON-29-03 to be held before the Mayor and City Council on May 5, 2003. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On April 20, 2003 was published in the Idaho-Press Tribune; on April 18, 2003 notice was mailed to all property owners within 300 feet of the project site and to all political subdivisions providing services to the City of Caldwell; and, on April 24, 2003 notice was posted on the site. 1.4 Files and exhibits relative to this application will be available for review in the Community Development Department, Caldwell City Hall, as well as all public hearings. Page 1 of 7 Public Hearing of May 5, 2003 II GENERAL FACTS 2.1 APPLICANT'S: Adelle Doty, Doty Properties, LLC 25206 The Driving Lane Caldwell, Idaho 83607. 2.2 OWNER: Same 2.3 REQUEST(S): To rezone Lot 3, Block 1, SOUTH KIMBALL ADDITION TO CALDWELL from R-1 (Single Family Residential) to R-3 (Multi-family residential); to amend the Comprehensive Land Use Map from Low Density to High Density Residential; and for a special use permit for an office in an R-3 zone. 2.3.1 LOCATION: 202 E. Ash Street, Caldwell, Idaho 83605. 2.4 BACKGROUND: According to the Zoning Ordinance Section 10-02-02 Land Use Schedule, an office is not allowed in Caldwell in an R-1 z one, but i s allowed in an R-3 zone with the approval o f a special use permit. During a pre-conference meeting with the Applicant, staff informed the Applicant that the office use was not allowed in the existing zone. (NOTE: The Applicant received conditional approval of the Special Use Permit request on March 20, 2003 from the Caldwell Planning and Zoning Commission). The Applicant indicated she wished to go through the process to change the existing R-1 zone to an R-3 (High Density Residential) zone where professional offices are allowed. The Applicant intends to use the existing structure as a law office for Doty Law & Mediation, which is a solo practitioner, law practice. Because of the nature of the law practice, parking and traffic will be minimal. Based on the square footage of the structure, four off-street parking spaces are required. On the Applicant's site plan these spaces have been provided, with one parking space designated for employee parking. Normal business hours are Monday through Friday 8 a.m. to 5 p.m. Ms. Doty has indicated that the residential structure would not be significantly modified; their intention is only to remove the existing carport. Landscaping issues were discussed, and it was determined t hat n o existing I andscaping should b e removed but rather i t should b e p reserved i n order that the residential nature of the structure remain intact. If Public Works Department requires a sidewalk, the Applicant could remove the grass area where a sidewalk would be constructed. It should be noted that all of the lots located on the block directly across Ash street to the north are zoned R-3 (High Density Residential). The Applicant's narrative shows several medical offices in the immediate vicinity in further support of this proposal. Therefore, the Applicant is requesting a rezone to R-3, a Comprehensive Land Use Map amendment, and special use permit approval. If approved, the Comprehensive Land Use Map would be amended to designate this parcel as High Density Residential; the site will be included in the next available update of the Comprehensive Land Use Map. 2.4 LEGAL DESCRIPTION: Lot 3, Block 1, SOUTH KIMBALL ADDITION TO CALDWELL, Canyon County, Idaho, according to the plat filed in Book 5 of Plats, Page 36A, records of said County. 2.5 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (The request includes a Comp Plan Map amendment to High Density Residential) 2.6 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: Page 2 of 7 Public Hearing of May 5, 2003 2.7 Property Rights: Staff reviewed the five checklist criteria set forth by the Attorney General in the "Idaho Regulatory Takings Act Guidelines" and did not answer yes to any of the criteria. 2.8 School Facilities and Transportation: The Caldwell and Vallivue School Districts were notified of the request through mailing of the public hearing notice on April 18, 2003. 2.9 Land use: Zoning Ordinance No. 1451, Section 10-02-02, allows an office in an R-3 (High Density Residential) zone through a special use permit approval process. 2.10 Parking: Zoning Ordinance No. 1451, Section 10-02-05, Off Street Parking and Loading Standards states that an office requires 1 space for every 350 square feet of office space. The Applicant's site plan shows 4 spaces, which meets this requirement. (1349 ± 350 = 4) (see A-9) 2.11 Public Services, Utilities and Facilities: In a memo dated February 24, 2003, the Engineering Department offers the following comments: 1. Currently there is a 25-foot one-half right-of-way width along E. Ash Street. Per City requirements, the applicant will be required to provide a 28-foot one-half right-of-way width for the development. 2. Currently the site has two driveway approaches that have approximately 48-foot 7-inches of separation between them. City standards require a minimum of 50-foot separation between driveway approaches (measured near edge of driveway to near edge of driveway). Given the limited use of the eastern driveway, the Engineering Department does not object to the proposed spacing. 3. In accordance with City standards, the Applicant will be required to construct sidewalk along the frontage of the development. 4. City water and City sewer currently serve this site. The nearest sewer line is an 8" line located to the south of the southwest corner of the project site. There is an 8" water line that fronts the property in E. Ash Street. 5. Prior to commencement of construction in any dedicated right-of-way, the City Engineering staff is to be notified. Appropriate City personnel are to be notified in advance of all required inspection. 6. As noted previously, provision is to be made for the disposal of stormwater drainage in accordance with the City Stormwater Management Policy. A copy of this policy is available upon request. 7. Irrigation water for any and all landscaping shall be obtained from applicable Irrigation District sources. 8. Appropriately licensed public works contractors shall perform all construction of dedicated facilities. 2.12 Fire Protection: In a memo dated February 20, 2003, the Caldwell Fire Department (CFD) offers the following comments: The CFD does not object to this rezone and will comment and assign any conditions during the normal subdivision or building plan review process. 2.13 Irrigation: Pioneer Irrigation District has no objection to the development. Page 3 of 7 Public Hearing of May 5, 2003 III TESTIMONY BEFORE THE COMMISSION 3.1 Steve Hasson, Community Development Director, presented the staff report and outlined the facts as stated. Mr. Hasson stated that the request was to rezone a parcel from R-1 to R-3 and a special use permit for a professional law office. He noted that the Comprehensive Plan Map will be amended to reflect the change from low density residential to high density residential. Mr. Hasson reported that Ms. Doty will be converting a residence located at 202 E. Ash Street into a professional office and has met the criteria as set forth by City staff. He noted that the use is compatible with the neighborhood inasmuch as professional offices are also located directly across the street from the proposed site. 3.2 Adelle Doty, Applicant, testified in favor of the application and presented exhibit PZ-1000 (diagram showing other professional offices in the area. Ms. Doty reported that she was in agreement with the staff report and would be using the residence for her law practice office. She stated that her practice is small and should have minimal traffic impact on the neighborhood. She noted that the client entrance will be the front door of the structure and client parking is readily accessible via the existing sidewalk. Ms. Doty advised that handicap parking was available along with a separate ramp entrance for wheelchairs through a side door. In response to questions asked by Commissioner Alldredge about the disintegrating driveway, Ms. Doty commented that the concrete in the parking area will be replaced, additionally, the carport will be removed to accommodate the handicapped parking. She further advised that the driveway on the east side of the property will not be a drive-thru but will be paved and used for one employee parking space. She also stated that she would comply with City signage requirements. 3.3 Beatrice Hayes testified in favor of the application. Ms. Hayes stated her concerns how the driveway had been used in the past. Ms. Hayes expressed satisfaction that the driveway would be paved and limited to use by one employee.. 3.4 Bob Stevenson signed up in favor of the application but chose not to speak. TESTIMONY BEFORE CITY COUNCIL 3.5 Reserved. IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell 1977 Comprehensive Plan, as amended. 4.2 City of Caldwell Zoning Ordinance No. 1451, as amended. 4.3 Idaho Code, Chapter 65, Local Planning Act V COMPREHENSIVE PLAN ANALYSIS ON CASE NOS. ZON-29-03 — The request is applicable to the following Comprehensive Plan Components: (Suggested analysis. The Planning and Zoning Commission members accepted the analysis as set forth; City Council members may accept this analysis as recommended or components may be added/deleted/amended). 5.1 Property Rights - GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property rights, adversely impact property values or create unnecessary technical limitations on the use of the property. Page 4 of 7 Public Hearing of May 5, 2003 OBJECTIVE B: To identify potential takings of private property prior to a regulatory or administrative action on specific property. POLICY 1: Require staff to follow the Attorney General's Checklist Criteria outlined in the Idaho Regulatory Takings Act Guidelines prior to any proposed regulatory or administrative action on specific property, and to request legal counsel's review if any one of the criteria is answered in the affirmative. Staff reviewed the five criteria outlined in the Takings Act Guidelines and did not answer yes to any of the criteria. 5.2 School Facilities and Transportation - GOAL: To provide the on-going opportunity for school representatives of Caldwell and Vallivue School Districts to participate in the community planning process. POLICY 1: Include the school districts in the review process when considering land-use proposals. At a minimum, notice of the hearing for each proposal should be provided to the districts and any additional information that the districts might subsequently request. 5.3 Economic Development— GOAL: To continue to work toward providing the residents of Caldwell with adequate levels of all of the components of economic development, such as housing, business, jobs, schools, recreational opportunities, infrastructure systems, public utilities and facilities, and public services. 5.4 Land Use— GOAL: To 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. OBJECTIVES APPLICABLE TO ALL LAND USES: OBJECTIVE 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. 5.5 Public Services, Utilities and Facilities— GOAL: To ensure that there are adequate police, fire, emergency services, and public utilities to meet the needs of the public. POLICY 2: Include emergency service providers, such as police and fire departments and EMS, in the development review process. VI FINDINGS OF FACT ON CASE NO. ZON-27-02 (zone change) 6.1 The City Council accepts: 1) The general facts outlined in the staff report; and 2) public testimony; as well as: NOTE: (any pertinent facts brought forward under public testimony should be restated and included as a part of the Findings). VII CONCLUSIONS OF LAW ON CASE NO. ZON-27-02 7.1 The Caldwell City Council has the authority to hear this request and approve or deny; the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. VIII AMENDMENT TO THE COMPREHENSIVE LAND USE MAP Page 5 of 7 Public Hearing of May 5,2003 8.1 The Caldwell City Council orders that the comprehensive land use map be modified to reflect the designation of the property from low density residential to high density residential. IX PLANNING AND ZONING COMMISSION'S RECOMMENDATION ON ZON-29-03 9.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning Commission recommends to the Mayor and City Council that Case No. ZON-29-03, a request by Adelle Doty to rezone 202 E. Ash Street from R-1 to R-3 is approved. (If approved, the Comprehensive Land Use Map would be amended to designate this parcel as High Density Residential; the site will be included in the next available update of the Comprehensive Land Use Map). X CITY COUNCIL'S ORDER OF DECISION 10.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. ZON-29-03, a request by Adelle Doty to rezone 202 E. Ash Street from R-1 to R-3 is approved/denied. (If approved, the Comprehensive Land Use Map would be amended to designate this parcel as High Density Residential; the site will be included in the next available update of the Comprehensive Land Use Map). Report prepared by: o munite -lopment Staff Date - SPECIAL USE PERMIT XII PLANNING AND ZONING COMMISSION'S ORDER OF DECISION 0 N SPECIAL USE PERMIT (conditionally approved on March 20, 2003) 12.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning Commission orders that Case No. SUP-184-03, a request by Adelle Doty for a special use permit for an office in an R-3 zone is approved with the following conditions: 12.2 The specific terms and conditions placed on the Special Use Permit shall run with the land from the signing of the Order of Decision, and remain valid upon a change of ownership; the Special Use Permit is not transferable from the approved site to another site. The Special Use Permit is contingent on the Council approving the rezone request. 12.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with all conditions placed upon the Special Use Permit. 12.4 No change to the conditions and terms of the Special Use Permits, as approved, shall be undertaken by the Applicant, or future assigns having an interest in the subject property, until the Community Development Director has reviewed the proposed changes and determined whether or not the change(s) is substantial. If the change(s) are determined to be substantial, an amendment shall only be approved by the public hearing process. The parcel of land shall be used as a professional office. No other type of land uses shall be permitted in the R-3 zone. Page 6 of 7 Public Hearing of May 5, 2003 12.5 Any violation of the terms and conditions of the Special Use Permits by the Applicant, or future assigns having an interest in the subject property, will be deemed a misdemeanor and subject to the provisions set forth in Idaho Code, 18-113. Each day's continued violation will be deemed a separate offense. 12.6 A building permit/change in use permit shall be obtained prior to any use commencing on — site. The change in use permit application shall be submitted within six months from the date of signing the Order of Decision. 12.7 All of the requirements placed on the building permit/ change in use permit by the Community Development Director, Building Official, Fire Marshall, City Engineer and other agencies of jurisdiction having approval authority shall be met prior to a permit being issued. 12.8 The Applicant shall obtain a sign permit prior to installing any sign at the site in accordance with Section 10- 02-06 of Caldwell Zoning Ordinance No. 1451. The signage must be removed when this special use permit expires or the use changes. 12.9 Four off street parking spaces are required o n-site to satisfy parking requirements. Client parking must be confined to the Applicant's parking lot. 12.10 The Applicant will be required to adhere to the City's the landscaping ordinance as outlined in Zoning Ordinance No. 1451. 12.11 The Applicant will be required to maintain the residential appearance of the dwelling structure relative to the surrounding neighborhood. 12.12 The business hours of operation will be Monday through Friday 8 a.m. to 5 p.m. Page 7 of 7 Public Hearing of May 5, 2003 g 1�I 202 E. ASH STREET, CALDWELL NARRATIVE 202 E. Ash Street, Caldwell, is owned by Doty Properties, L.L.C. William H. Doty, Sr. and M. Adelle Doty are the managing members of Doty Properties, L.L.C. The property was purchased December 20, 2002 solely for the purpose of setting up a law office for M. Adelle Doty. The property is currently zoned R-1. Request is made to re-zone the property from R-1 to R-3, and then obtain a special use permit to use the property as a law office for Doty Law & Mediation, P.L.L.C. The square footage of the office space will be 1,349 square feet. Doty Law & Mediation, PLLC is a solo practitioner law practice, with a focus on real estate law, contract law and civil dispute mediation. The firm is comprised of one attorney, M. Adelle Doty, and one legal assistant. The number of in-office client visits average one per day. Although 202 E. Ash Street is currently zoned R-1, the opposite side of Ash Street is zoned R-3. Further, the corner lot on the same block and on the same side of Ash Street as 202 E. Ash is the former R&B Market site, which is zoned C-3. The area is currently a mixed-use neighborhood, with single-family residential properties, multi-family properties, coffee shops, and professional offices. Attached as Attachment 1 is a rough sketch of surrounding properties which have uses other than single-family residential. To accommodate parking needs and requirements, four off-street parking spaces will be constructed. The existing carport will be removed to fully accommodate the space needed for parking. A proposed parking diagram is attached as Attachment 2. The change in zoning and issuance of the special use permit would further accommodate the ability of the surrounding residential occupants to complete business within their own neighborhood. As much of the neighborhood is currently zoned R-3, and special use permits have been granted for, among other uses, dental and medical offices, the value and character of adjacent property should not be affected. A-2 120,-0" 0 I\ 8'-7' 36'-10' Ul — o UI• - • ••• 4•• • •••• f*f 4•' •• < 4 • f••• <• •• f•f•4•• f•• ••• • • • • Ca1 f •t a •< a .<. ♦ ♦ ff`<' . ♦ ♦ 0 73 r tv • tit w o •♦ < < C) Z — < , , to Cr, 0 O O O 0 • < 115-5‘ < < S EN N I--- 1---). • • ‘.......4 V' __,. 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DRAWN BY' PARKING PLAN & NOTES REV NO LEDGER DAL A A A 0, .c.\,mom , ,.- '`'.we 0 ■..." a) ?I S * I—• 4-1— co), it 11 st4 „r- . ..K:0111111116- ' 9t., z _ • 7 co _, = •AC:1,Nr. ›, pY, 0 --1 td• - 4.-- - 4-- V V IP C..' i1' 0 01 .1- , p IV C) 0 IV to > 0 > -P 0 r— CJ,1 m cl, 171 NNO p CJ -I K 03 z m ....... c) 0 - -- ,. ... — 0 7:I M = ' -. ■ w — ■ 3fs.. .,7 ... __a •.:.... ‘, ; ' ....... . , ; 4 .—.... 't' S:7-73',■.7:"# WI. .. 'L--.,.. , #•', '•r i , • y J,I C; ,..T 5 -8 "4pw City of Caldwell COMMUNITY DEVELOPMENT DEPARTMENT k .4„. r,,,„ Land Use and Zoning Services 'store To O STEVE HASSON Community Development Director May 30, 2003 Adelle Doty Doty Properties, LLC 25206 The Driving Lane Caldwell, ID 83607 RE: ORDER OF DECISION — CASE NO. ZON-29-03 Dear Ms. Doty: Enclosed for your records is a copy of the above referenced document. As you are aware, the case was heard and approved by Caldwell City Council members at a public hearing held May 5, 2003. The Order of Decision was approved and signed by Mayor Nancolas on May 19, 2003. Please review and note the conditions outlined in the Order of Decision. If we can be of any assistance or if you have any questions, please call me. Sincer-Ily, Sty• asson, AICP Community Development Director SH:jh Enclosure cc: case file S-9 CITY HALL 621 CLEVELAND BLVD. • P.O. BOX 1177 • CALDWELL, ID 83605 • (208) 455-3021 • (FAX) (208) 455-3050 9, sVo 3 Case: DOTY PROPERTIES, LLC Number: ZON-29-03 & SUP-184-03 LEGAL DESCRIPTION Lot 3, Block 1, SOUTH KIMBALL ADDITION TO CALDWELL, Canyon County, Idaho, according to the plat filed in Book 5 of Plats, Page 36A, records of said County. N - �s�vo� R02344 R02355 J ID _ = o o C'4 CO - x_17' - ��' �� i 1� q `_-"132 �� N` oT 5 33D .► l�' ' cry _ T..g �3 `.' 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IN ] 0S3e13 rr► r' I; A-S INSTRUMENT NO. / 13/ PC47476 WARRANTY DEED FOR VALUE RECEIVED Antonio LeBrett and Cindy LeBrett, husband and wife the Grantors, do hereby grant, bargain, sell and convey unto Doty Properties, L.L.C. , an Idaho limited liability company the Grantee,whose address is 25260 The Driving Lane, Caldwell, ID, 83607 the following described premises, to-wit: Lot 3, Block 1, SOUTH KIMBALL ADDITION TO CALDWELL, Canyon County, Idaho, according to the plat filed in Book 5 of Plats, Page 36A, records of said County. TO HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantee,that they are the owners in fee simple of said premises; that said premises are free from all encumbrances; except for general taxes and assessments for the year 2002 and subsequent years,covenants,conditions,restrictions and easements of record;and that it will warrant and defend the same from all lawful claims whatsoever. DATED: December 26, 2002 r j �,%?7 � 4, Cin LeBrett Antonio LeBrett STATE OF IDAHO a 0 .., 2?' r.a COUNTY OF CANYON H N CI On this 27th day of December in the year 2002, before me,a Notary Public, c.z r-t CD personally appeared Antonio tarot and Cindy LeBrett known or identified to az ,--r. CD , me to be the persons whose names are subscribed o the within instrument, t r...) and a nowledged to me that they :xecuted�; e s e. /) �' t:::, C) m"" p 7 -r rt r-- U '� KRgT„tip ci r r tr1 'L Lam. %9 > ci �; 'otary Public '1/4• ,.•"""•.,; r (,.7 Residing t Caldwel `�� TA ;�'` —J D O 9 p= m ►•-•• My commission expires 213104 = ? -� = 73 1. '� REQUEST PIONEER-CALDWELL ct,%••1�8��G p =�1)'•......`OP�,.� TYPE FEF •0 c PIONEEI ')/��17. „ , »E�COMPANY OF CANYON COUNTY 100 10TH AVE SOUTH 610 SOUTH KIMBALL NAMPA, IDAHO 83651 CALDWELL,ID 83605 A- 6 City of Caldwell U... .T., ii� jO eke � ''� '. COMMUNITY DEVELOPMENT DEPARTMENT �� ' Land Use and Zoning Services *Ore To OOSe STEVE HASSON Community Development Director September 12, 2003 Ms. Adelle Doty Doty Properties, LLC 202 E. Ash Street Caldwell, ID 83605 Dear Ms. Doty: This letter comes as a reminder that you have not filed a building permit or change of use application with the Community Development Department in relation to the Special Use Permit which was granted on March 20, 2003. Please note condition 12.6 of the Order which states, "A building permit/change in use permit shall be obtained prior to any use commencing on site. The change in use permit shall be submitted within six months from the date of signing the Order of Decision. According to our records, you have not filed either permit application as of today's date. The six month deadline would be September 20, 2003. Please note that the special use permit will terminate on September 20, 2003 if the stated conditions are not met. Thank you for your immediate response. You may contact our office at 455- 4667. Sincerely, Debbie Geyer Community Development Department Enclosure: Order of Decision copy -l( CITY HALL 621 CLEVELAND BLVD. P.O. BOX 1177 CALDWELL, ID 83605 (208) 455-3021 (FAX) (208) 455-3050 CASE NOS. SUP-184-03 AND ZON 29-03 DOTY REZONE AND LAW OFFICE BEFORE THE PLANNING AND ZONING COMMISSION CITY OF CALDWELL, IDAHO MARCH 12, 2003 A REQUEST TO REZONE A PARCEL OF LAND FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO R-3 (MULTIFAMILY HIGH DENSITY RESIDENTIAL); TO AMEND THE COMPREHENSIVE LAND USE MAP TO HIGH DENSITY RESIDENTIAL; AND SPECIAL USE PERMIT APPROVAL FOR A PROFESSIONAL OFFICE IN AN R-3 ZONE TABLE OF CONTENTS: I. COURSE OF PROCEEDINGS, II GENERAL FACTS, III TESTIMONY, IV APPLICABLE LEGAL STANDARDS, V FINDINGS OF FACT ON ZON-29-03, VI CONCLUSIONS OF LAW ON ZON-29-03, VII AMENDMENT TO THE COMPREHENSIVE LAND USE MAP, VIII P & Z COMMISSION'S RECOMMENDATION ON ZON-29-03, IX COMPREHENSIVE PLAN ANALYSIS ON SUP-184-03, X FINDINGS OF FACT ON SUP-184-03, XI CONCLUSIONS OF LAW ON SUP-184-03, XII P & Z COMMISSION'S ORDER OF DECISION ON SUP-184-03, I COURSE OF PROCEEDINGS The Caldwell Community Development Department issued a notice of Public Hearing on Case Nos. SUP-184-03 and ZON-29-03 to be held before the Planning and Zoning Commission on March 12, 2003. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On February 25, 2003 notice was published in the Idaho Press Tribune, and on February 21, 2003 notice was mailed to all property owners within 300 feet of the project site; and, on February 27, 2003 notice was posted on the site. 1.1 Files and exhibits relative to this application will be available for review in the Community Development Department, Caldwell City Hall, as well as all public hearings. II GENERAL FACTS 2.1 APPLICANT'S: Adelle Doty, Doty Properties, LLC 25206 The Driving Lane Caldwell, Idaho 83607. 2.2 OWNER: Same 2.3 REQUEST(S): To rezone Lot 3, Block 1, SOUTH KIMBALL ADDITION TO CALDWELL from R-1 (Single Family Residential) to R-3 (Multi-family residential); to amend the Comprehensive Land Use Map from Low Density to High Density Residential; and for a special use permit for an office in an R-3 zone. Page 1 of 7 Public Hearing of March 12,2003 2.4 BACKGROUND: According to the Zoning Ordinance Section 10-02-02 Land Use Schedule, an office is n of a flowed in Caldwell in an R-1 z one, but i s allowed in an R-3 zone with the approval o f a special use permit. During a pre-conference meeting with the Applicant, staff informed the Applicant that the office use was not allowed in the existing zone. The Applicant indicated she wished to go through the process to change the existing R-1 zone to an R-3 (High Density Residential) zone where professional offices are allowed. The Applicant intends to use the existing structure as a law office for Doty Law & Mediation, which is a solo practitioner, law practice. Because of the nature of the law practice, parking and traffic will be minimal. Based on the square footage of the structure, four off-street parking spaces are required. On the Applicant's site plan these spaces have been provided, with one parking space designated for employee parking. Normal business hours are Monday through Friday 8 a.m. to 5 p.m. Ms. Doty has indicated that the residential structure would not be significantly modified; their intention is only to remove the existing carport. Landscaping issues were discussed, and it was determined t hat n o existing I andscaping s hould b e removed b ut rather i t s hould b e p reserved i n order that the residential nature of the structure remain intact. If Public Works Department requires a sidewalk, the Applicant could remove the grass area where a sidewalk would be constructed. It should be noted that all of the lots located on the block directly across Ash street to the north are zoned R-3 (High Density Residential). The Applicant's narrative shows several medical offices in the immediate vicinity in further support of this proposal. Therefore, the Applicant is requesting a rezone to R-3, a Comprehensive Land Use Map amendment, and special use permit approval. If approved, the Comprehensive Land Use Map would be amended to designate this parcel as High Density Residential; the site will be included in the next available update of the Comprehensive Land Use Map. 2.3 LOCATION: 202 E. Ash Street, Caldwell, Idaho 83605 2.4 LEGAL DESCRIPTION: Lot 3, Block 1, SOUTH KIMBALL ADDITION TO CALDWELL, Canyon County, Idaho, according to the plat filed in Book 5 of Plats, Page 36A, records of said County. 2.5 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (The request includes a Comp Plan Map amendment to High Density Residential) 2.6 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: 2.7 Property Rights: Staff reviewed the five checklist criteria set forth by the Attorney General in the "Idaho Regulatory Takings Act Guidelines" and did not answer yes to any of the criteria. 2.8 School Facilities and Transportation: The Caldwell and Vallivue School Districts were notified of the request through mailing of the public hearing notice on February 21, 2003. 2.9 Land use: Zoning Ordinance No. 1451, Section 10-02-02, allows an office in an R-3 (High Density Residential) zone through a special use permit approval process. 2.10 Parking: Zoning Ordinance No. 1451, Section 10-02-05, Off Street Parking and Loading Standards states that an office requires 1 space for every 350 square feet of office space. The Applicant's site plan shows 4 spaces, which meets this requirement. (1349 ± 350 = 4) (see A-9) 2.11 Public Services, Utilities and Facilities: In a memo dated February 24, 2003, the Engineering Department offers the following comments: Page 2 of 7 Public Hearing of March 12,2003 1. Currently there is a 25-foot one-half right-of-way width along E. Ash Street. Per City requirements, the applicant will be required to provide a 28-foot one-half right-of-way width for the development. 2. Currently the site has two driveway approaches that have approximately 48-foot 7-inches of separation between them. City standards require a minimum of 50-foot separation between driveway approaches (measured near edge of driveway to near edge of driveway). Given the limited use of the eastern driveway, the Engineering Department does not object to the proposed spacing. 3. In accordance with City standards, the Applicant will be required to construct sidewalk along the frontage of the development. 4. City water and City sewer currently serve this site. The nearest sewer line is an 8" line located to the south of the southwest corner of the project site. There is an 8" water line that fronts the property in E. Ash Street. 5. Prior to commencement of construction in any dedicated right-of-way, the City Engineering staff is to be notified. Appropriate City personnel are to be notified in advance of all required inspection. 6. As noted previously, provision is to be made for the disposal of stormwater drainage in accordance with the City Stormwater Management Policy. A copy of this policy is available upon req uest. '7. Irrigation water for any and all Iandscapins shall be obtained from applicable Irrigation District sources. 8. Appropriately licensed public works contractors shall perform all construction of dedicated facilities. 2.12 Fire Protection: In a memo dated February 20, 2003, the Caldwell Fire Department (CFD) offers the following comments: The CFD does not object to this annexation and will comment and assign any conditions during the normal subdivision or building plan review process. 2.13 Irrigation: Pioneer Irrigation District has no objection to the development. III TESTIMONY 3.1 Steve Hasson, Community Development Director, presented the staff report and outlined the facts as stated. Mr. Hasson stated that the request was to rezone a parcel from R-1 to R-3 and a special use permit for a professional law office. He noted that the Comprehensive Plan Map will be amended to reflect the change from low density residential to high density residential. Mr. Hasson reported that Ms. Doty will be converting a residence located at 202 E. Ash Street into a professional office and has met the criteria as set forth by City staff. He noted that the use is compatible with the neighborhood inasmuch as professional offices are also located directly across the street from the proposed site. 3.2 Adelle Doty, Applicant, testified in favor of the application and presented exhibit PZ-1000 (diagram showing other professional offices in the area. Ms. Doty reported that she was in agreement with Page 3 of 7 Public Hearing of March 12,2003 the staff report and would be using the residence for her law practice office. She stated that her practice is small and should have minimal traffic impact on the neighborhood. She noted that the client entrance will be the front door of the structure and client parking is readily accessible via the existing sidewalk. Ms. Doty advised that handicap parking was available along with a separate ramp entrance for wheelchairs through a side door. In response to questions asked by Commissioner Alldredge about the disintegrating driveway, Ms. Doty commented that the concrete in the parking area will be replaced, additionally, the carport will be removed to accommodate the handicapped parking. She further advised that the driveway on the east side of the property will not be a drive-thru but will be paved and used for one employee parking space. She also stated that she would comply with City signage requirements. 3.3 Beatrice Hayes testified in favor of the application. Ms. Hayes stated her concerns how the driveway had been used in the past. Ms. Hayes expressed satisfaction that the driveway would be paved and limited to use by one employee.. 3.4 Bob Stevenson signed up in favor of the application but chose not to speak. Testimony closed. IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell 1977 Comprehensive Plan, as amended. 4.2 City of Caldwell Zoning Ordinance No. 1451, as amended. 4.3 Idaho Code, Chapter 65, Local Planning Act V PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT ON ZON-27-O2 5.1 The Planning and Zoning Commission accepted the general facts outlined in the staff report, public testimony, and exhibit PZ-1000. VI PLANNING AND ZONING COMMISSION'S CONCLUSIONS OF LAW ON ZON-27-02 6.1 The Planning and Zoning Commission advised that they have the authority to hear this request and to recommend approval or denial, public hearing notification requirements were met, and the hearing was conducted within the guidelines of applicable codes and ordinances. VII AMENDMENT TO THE COMPREHENSIVE LAND USE MAP 7.1 The Planning and Zoning Commission recommends to the City Council that the comprehensive land use map be modified to reflect the rezoning of the property from low density residential to high density residential. VIII PLANNING AND ZONING COMMISSION'S RECOMMENDATION ON ZON-29-03 8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning Commission recommends to the Mayor and City Council that Case No. ZON-29-03, a request by Adelle Doty to rezone 202 E. Ash Street from R-1 to R-3 is approved. (If approved, the Comprehensive Land Use Map would be amended to designate this parcel as High Density Residential; the site will be included in the next available update of the Comprehensive Land Use Map). Page 4 of 7 Public Hearing of March 12,2003 IX COMPREHENSIVE PLAN ANALYSIS ON CASE NOS. ZON-29-03 & SUP-184-03 — The commission accepted the Comprehensive Plan as proposed. 9.1 Property Rights - GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property rights, adversely impact property values or create unnecessary technical limitations on the use of the property. OBJECTIVE B: To identify potential takings of private property prior to a regulatory or administrative action on specific property. POLICY 1: Require staff to follow the Attorney General's Checklist Criteria outlined in the Idaho Regulatory Takings Act Guidelines prior to any proposed regulatory or administrative action on specific property, and to request legal counsel's review if any one of the criteria is answered in the affirmative. Staff reviewed the five criteria outlined in the Takings Act Guidelines and did not answer yes to any of the criteria. 9.2 School Facilities and Transportation - GOAL: To provide the on-going opportunity for school representatives of Caldwell and Vallivue School Districts to participate in the community planning process. POLICY 1: Include the school districts in the review process when considering land-use proposals. At a minimum, notice of the hearing for each proposal should be provided to the districts and any additional information that the districts might subsequently request. q:3 Economic Development— GOAL: To continue to work toward providing the residents of Caldwell with adequate levels of all of the components of economic development, such as housing, business, jobs, schools, recreational opportunities, infrastructure systems, public utilities and facilities, and public services. 9.4 Land Use — GOAL: To 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. OBJECTIVES APPLICABLE TO ALL LAND USES: OBJECTIVE 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. 9.5 Public Services, Utilities and Facilities — GOAL: To ensure that there are adequate police, fire, emergency services, and public utilities to meet the needs of the public. POLICY 2: Include emergency service providers, such as police and fire departments and EMS, in the development review process. X PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT ON CASE NO. SUP-184-03 Page 5 of 7 Public Hearing of March 12,2003 10.1 The Planning and Zoning Commission accepted the general facts outlined in the staff report; public testimony; and exhibit PZ-1000. XI PLANNING AND ZONING COMMISSION'S CONCLUSIONS OF LAW ON SUP-184-03 11.1 The Planning and Zoning Commission has the authority to hear this request and to approve or deny it, public hearing notification requirements were met, and the hearing was conducted within the guidelines of applicable codes and ordinances. XII PLANNING AND ZONING COMMISSION'S ORDER OF DECISION ON CASE NO. SUP-184-03 12.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning Commission orders that Case No. SUP-184-03, a request by Adelle Doty for a special use permit for an office in an R-3 zone is approved with the following conditions: 12.2 The specific terms and conditions placed on the Special Use Permit shall run with the land from the signing of the Order of Decision, and remain valid upon a change of ownership; the Special Use Permit is not transferable from the approved site to another site. The Special Use Permit is contingent on the Council approving the rezone request. 12.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with all conditions placed upon the Special Use Permit. 12.4 No change to the conditions and terms of the Special Use Permits, as approved, shall be undertaken by the Applicant, or future assigns having an interest in the subject property, until the Community Development Director has reviewed the proposed chorines and determined whether or not the change(s) is substantial. If the changes) are determined to be substar it'al, an amendment shall only be approved by the public hearing process. ihe parcel of land shall be used as a professional office. No other type of land uses shall be permitted in the R-3 zone. 12.5 Any violation of the terms and conditions of t he Special Use Permits b y the Applicant, or future assigns having an interest in the subject property, will be deemed a misdemeanor and subject to the provisions set forth in Idaho Code, 18-113. Each day's continued violation will be deemed a separate offense. 12.6 A building permit/change in use permit shall be obtained prior to any use commencing on — site. The change in use permit application shall be submitted within six months from the date of signing the Order of Decision. 12.7 All of the requirements placed on the building permit/ change in use permit by the Community Development Director, Building Official, Fire Marshall, City Engineer and other agencies of jurisdiction having approval authority shall be met prior to a permit being issued. 12.8 The Applicant shall obtain a sign permit prior to installing any sign at the site in accordance with Section 10-02-06 of Caldwell Zoning Ordinance No. 1451. The signage must be removed when this special use permit expires or the use changes. 12.9 Four off street parking spaces are required on-site to satisfy parking requirements. Client parking must be confined to the Applicant's parking lot. 12.10 The Applicant will be required to adhere to the City's the landscaping ordinance as outlined in Zoning Ordinance No. 1451. Page 6 of 7 Public Hearing of March 12,2003 12.11 The Applicant will be required to maintain the residential appearance of the dwelling structure relative to the surrounding neighborhood. 12.12 The business hours of operation will be Monday through Friday 8 a.m. to 5 p.m. CASE NOS. SUP-183-03 AND ZON-29-03 WAS HEARD BY THE PLANNING AND ZONING COMMISSION AT A PUBLIC HEARING HELD MARCH 12, 2003. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW, RECOMMENDATION, AND ORDER OF DECISION WAS ADMINISTRATIVELY APPROVED AND SIGNED BY CHAIRMAN ARCHULETA ON THE DATE NOTED BELPW. - Ad ATTEST: Ja i_ Archuleta, Chairman Date Communi r eve lop ment Director Page 7 of 7 Public Hearing of March 12,2003