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BEFORE THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL,IDAHO
IN THE MATTER OF THE APPLICATION OF ) CASE NO. SUP-70-99,
COLE ASSOCIATES FOR A SPECIAL USE ) COURSE OF PROCEEDINGS,
PERMIT TO CONSTRUCT AN OFFICE IN AN ) GENERAL FACTS, TESTIMONY,
R-2 ZONE ) APPLICABLE LEGAL STANDARDS,
) COMPREHENSIVE PLAN ANALYSIS,
) FINDINGS OF FACT, CONCLUSIONS
) OF LAW,AND ORDER OF DECISION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application
SUP-70-99 to be held on December 9, 1999 before the Planning and Zoning Commission. Public notice
requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On November 24,
1999 notice was published in the Idaho Press Tribune; on November 22, 1999 notice was mailed to all
property owners within 300 feet of the project site; and on December 2, 1999 notice was posted on the
site.
1.2 Files and exhibits relative to this application are available for review in the Community Development
Department and were available for review at the hearing.
II GENERAL FACTS
2.1 APPLICANT(S): Cole Associates, Architects, 960 Broadway, Suite 240, Boise, ID., 83706
2.2 OWNER(S): Gregg Lovan, 1104 Blaine, Caldwell, ID., 83605
2.3 REQUEST: Approval of a special use permit to construct an office building on lots 19 through 21
(combined in one parcel)in an R-2 zone.
2.3.1 Section 10-02-02, Land Use Schedule, Zoning Ordinance No. 1451, permits an office to be located
within an R-2 zone if a special use permit is applied for and receives approval.
2.3.2 The Applicant's narrative noted that two existing residences would be demolished in order to construct
an office building of approximately 6500 square feet. Paved parking will be located behind the building
to the East and along the alley to the North. Screening will be installed for the parking lot areas and a
landscape buffer and fence will be placed at the East property line. The narrative also notes that the
proposed building and use is consistent with other existing uses in the neighborhood.
2.4 LOCATION: As you travel northwest on Grant, the site is located on the southeast corner of the
intersection of Kimball and Grant.
2.5 NATURAL RESOURCES AND HAZARDOUS AREAS: The project site is not within the vicinity of
the Boise River or Indian Creek and is not within a floodplain.
2.6 LAND USE: The site is zoned R-2 and is surrounded by R-2 zoning.
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2.7 COMPREHENSIVE PLAN DESIGNATION: It appears to be Medium-Density Residential.
2.7.1 Medium-Density Residential is defined as an area "suitable primarily for single-family residences, as
well as two- and three-family dwellings. Other uses characteristic of medium-density residential areas
such as churches, schools, group day care facilities, public facilities and limited neighborhood
commercial uses are appropriate. Mobile home parks and mobile home subdivisions may be located in
designated and selected medium-density areas. The residential density will be from 7 to 9 dwelling
units per net acre."
2.8 AREA OF CITY IMPACT: The site is within the City and therefore is not within the Area of City
Impact.
2.9 PUBLIC FACILITIES:
2.9.1 Schools —Notice of the request was sent to Caldwell and Vallivue School Districts on November 22,
1999.
2.9.2 Utilities - Water/Sewer — As a part of the building permit process, the Applicant will be required to
connect to the City's public water/sewer systems.
2.9.3 Stormwater—As a part of the building permit process, stormwater compliance will be reviewed by the
Engineering Department.
2.10 TRANSPORTATION: The site is proposed to be accessed from Kimball Avenue.
2.11 PARKS, RECREATION AND OPEN SPACE: The Applicant does not propose providing parks,
recreation or open spaces.
2.12 HISTORIC AREAS: This property is within the City's Area of Historic Significance.
2.13 HOUSING: The Applicant is requesting approval of a special use permit in order to construct an office
building.
III TESTIMONY
3.1 Linda James presented the staff report and the following Exhibits: PA-1, a memorandum from Fire
Chief Alcott in which he noted that plans for development of the site would be reviewed by his
Department during the building permitting process; PA-2, a memorandum from City Engineer Law in
which he noted certain requirements will have to be met at the time of the building permitting process.
3.2 Stan Cole, Applicant, testified in favor and stated the following: two existing buildings will be torn
down and replaced with the office building; one of the existing buildings is currently used as an office;
the new building will be two-story with the intent for the bottom floor to be leased and the top floor to
be used as a law office; the exterior of the building will be stucco with glass and there will be 19
parking spaces in the back along the alley; the building will be set back from the street frontages in
order to provide more green area; landscaping will be installed; the site is across from the golf course;
parking will be paved including that portion of the alley along the property; there are no tenants at this
time but there could be a single tenant or multiple tenants; the building will meet ADA accessibility
compliance; the types of tenants could possibly be accounting, law or medical professionals; traffic
would be during office hours of eight to five. Mr. Cole also submitted Exhibits 1 through 4, renditions
of the office.
3.3 Shirley Neville testified in opposition and stated that she was representing her mother who is an
adjacent property owner. She expressed the following concerns; the development of an office will
encroach on the residential neighborhood; the office would be better located in downtown Caldwell so
that the residential neighborhood could stay the same; building of this office will be the beginning of
commercial development within the entire residential neighborhood. She suggested that a building
downtown be renovated, which would help the downtown thrive again.
3.4 Stan Cole testified in rebuttal and stated that the current building on this site is used as an office so the
use has already been established; some of the buildings in the area are not in the best condition and the
construction of the new office would be an upgrade to the neighborhood.
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
5.1 The request is in compliance with the following Comprehensive Plan Components: Urban Storm Runoff
—Policy 2; Community Design—Policies 2 and 9.
VI FINDINGS OF FACT
6.1 Accept the general facts outlined in the staff report as Findings of Fact and include the following facts
brought forward during testimony: the Applicant stated that the parking lot and alley would be paved;
there will be landscaping and fencing; the building will be two-story and is planned to be 6500 square
feet; the building will be in compliance with ADA; Exhibits were presented by Linda James and Stan
Cole.
VII CONCLUSIONS OF LAW
7.1 The Commission has the authority to hear this case and to approve or deny; public notice requirements
were met, and the hearing was conducted within the guidelines of Idaho Code and City ordinances.
VIII ORDER OF DECISION
8.1 Based upon the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission hereby
orders that Case No. SUP-70-99, a request by Stan Cole for a special use permit to construct an office
building in an R-2 zone is approved with the following conditions:
8.2 The specific terms and conditions placed on the special use permit shall run with the land and remain
valid upon a change of ownership, or until such time that the permit may be revoked, become invalid,
amended, or replaced with another approved use.
8.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with all
conditions placed upon the special use permit.
8.4 No changes in the conditions and terms of the special use permit, 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. If the Director determines that the proposed
change(s) is significant, an amendment for change shall only be approved through the public hearing
process.
8.5 Any violation of the terms and conditions of the special use permit 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.
8.6 Prior to any construction commencing, the Applicant, or future assigns having an interest in the subject
property, shall obtain all applicable building permits and shall comply with all requirements placed on
the permit by the City Engineer and Fire Chief.
CASE NO. SUP-70-99 WAS HEARD BY THE PLANNING AND ZONING COMMISSION AT A PUBLIC
HEARING HELD DECEMBER 9, 1999.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE ORDER OF DECISION WAS
ADMINISTRATIVELY APPROVED AND SIGNED BY CHAIRMAN JIM BLACKER ON THE DATE
NOTED BELOW.
Alk /00 i ATTEST:
.'limn Jim Blacker Date dle -,--\-"-
Community r evel e pment Director
Recommendation to City Council — Motion: Commissioner Beebe. Second: Commissioner Teraberry.
Recommend to the Mayor and City Council that Case No. ZON-06-99, a request by Clayton Jones for a rezone
from R-3 to C-2 of Lots 4 through 7,Block 53, Caldwell Original Townsite is approved. Passed: Unanimous roll
call vote.
Public Hearing Closed—Chairman Blacker closed the public hearing.
B. Case No. SUP-70-99, a request by Cole Associates for a special use permit to construct an office building
and parking lot on a site located in an R-2 zone. As you travel northwest on Grant, the site is located at
the corner of the southeast intersection of Kimball Avenue and Grant Street.
Testimony—
Linda James presented the staff report and the following Exhibits: PA-1, a memorandum from Fire Chief Alcott in
which he noted that plans for development of the site would be reviewed by his Depai luient during the building
permitting process; PA-2, a memorandum from City Engineer Law in which he noted certain requirements will
have to be met at the time of the building permitting process.
Stan Cole, Applicant, testified in favor and stated the following: two existing buildings will be torn down and
replaced with the office building; one of the existing buildings is currently used as an office;the new building will
be two-story with the intent for the bottom floor to be leased and the top floor to be used as a law office; the
exterior of the building will be stucco with glass and there will be 19 parking spaces in the back along the alley;
the building will be set back from the street frontages in order to provide more green area; landscaping will be
installed; the site is across from the golf course;parking will be paved including that portion of the alley along the
property; there are no tenants at this time but there could be a single tenant or multiple tenants; the building will
meet ADA accessibility compliance; the types of tenants could possibly be accounting, law or medical
professionals; traffic would be during office hours of eight to five. Mr. Cole also submitted Exhibits 1 through 4,
renditions of the office.
Shirley Neville testified in opposition and stated that she was representing her mother who is an adjacent property
owner. She expressed the following concerns; the development of an office will encroach on the residential
neighborhood;the office would be better located in downtown Caldwell so that the residential neighborhood could
stay the same;building of this office will be the beginning of commercial development within the entire residential
neighborhood. She suggested that a building downtown be renovated, which would help the downtown thrive
again.
Stan Cole testified in rebuttal and stated that the current building on this site is used as an office so the use has
already been established; some of the buildings in the area are not in the best condition and the construction of the
new office would be an upgrade to the neighborhood.
Public Testimony Closed—Chairman Blacker closed public testimony.
Comprehensive Plan Analysis -Motion: Commissioner Beebe. Second: Commissioner Archuleta. The request
is in compliance with the following Comprehensive Plan Components: Urban Storm Runoff-Policy 2; Community
Design-Policies 2 and 9. Passed: Unanimous roll call vote.
Findings of Fact—Motion: Commissioner Beebe. Second: Commissioner Archuleta. Accept the general facts as
outlined in the staff report as findings of fact and include the following as facts: the Applicant stated that the
parking lot and alley would be paved; there will be landscaping and fencing; the building will be two-story and is
planned to be 6500 square feet; the building will be in compliance with ADA; Exhibits were presented by Linda
James and Stan Cole. Passed: Unanimous roll call vote.
Conclusions of Law — Motion: Commissioner Beebe. Second: Commissioner Teraberry. The Planning and
Zoning Commission has the authority to hear this case and approve or deny; the hearing was legally noticed and
conducted within the guidelines of applicable codes and ordinances. Passed: Unanimous roll call vote.
Order of Decision—Motion: Commissioner Beebe. Second: Commissioner Archuleta. Approve Case No. SUP-
70-99 with the standard conditions outlined in the staff report. Passed: Unanimous roll call vote.
Minutes of December 9, 1999
Public Hearing Closed —Chairman Blacker closed the public hearing and noted anyone wishing to appeal their
decision should see the Director of Community Development.
C. Case No. SUP-21A-97, a request by Windstone Estates, LLC, for a special use permit to use a
manufactured home as a temporary sales office located on Lot 69, more commonly known as 4823
Keystone Street,Windstone Estates Manufactured Home Park.
Testimony—
Linda James presented the staff report with a revised final page, which outlined proposed conditions of approval.
Mrs. James stated that the public hearing had only been noticed for the issue of the sales office and that all
conditions of approval placed on the initial order of decision had been met.
A. J. Bohner, Applicant's representative, testified in favor and stated the following: the Applicant had assumed
that a sales office could be placed within the park because that was standard practice in other areas and did not
require special consideration; the sales office will be located on lot 69; lot 69 is an internal lot near the entrance to
the park and will not be an intrusion on persons living in homes within the park;the sales office will remain on lot
69 and will not be moved to another lot; there will be a maximum of three sales persons at any one time; each lot
is leased to persons placing their respective homes within the park; there is a park manager that lives in a
manufactured home in the park;having a sales office in the park provides the opportunity for persons considering
moving into the park to see an actual home on a lot; the sales office will eventually be sold as a home on the lot;
the types of sales is similar to model homes shown in a subdivision; the office hours need to be until 9:00 p.m. to
accommodate potential park renters working hours and keeping the office open this late will assist in filling up the
park quicker;the sales office will be discontinued when the park reaches 98%occupancy.
Franklin Stafford signed up as neutral and presented a packet of information on the park to members. He stated
that there were outstanding issues with irrigation and Laster Lane. After being informed by George Deford(City's
legal counsel in attendance) that the only issue that could be discussed and considered this evening was in regard
to the request for the sales office,Mr. Stafford stated that he was against the sales office.
Linda James recommended that Mr. Stafford contact Pioneer Irrigation District and Canyon Highway District
regarding his issues with irrigation and Laster Lane.
Public Testimony Closed—Chairman Blacker closed public testimony.
Findings of Fact — Motion: Commissioner Beebe. Second: Commissioner Teraberry. Accept the general facts
outlined in the staff report as Findings of Fact and include the fact that lots within the park are leased and rented to
persons who own their own homes. Passed: Unanimous roll call vote.
Conclusions of Law— Motion: Commissioner Beebe. Second: Commissioner Teraberry. The Commission has
the authority to hear this case and approve or deny; public notice requirements were met; and the hearing was
conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote.
Order of Decision—Motion: Commissioner Beebe. Second: Commissioner Teraberry. Approve Case No. SUP-
21A-97 with the standard conditions outlined in the staff report and include the following: the sales office shall
only be used for the purpose of selling model homes located within Windstone and shall not be used to conduct
sales off site;no more than three sales persons shall conduct sales activities within the sales office at any one time;
and the office hours shall be from 9:00 a.m. to 9:00 p.m., Monday through Saturday and from 10:00 a.m. to 5:00
p.m. Sunday. The use of the manufactured home as a sales office shall be discontinued on the park reaches 98%
occupancy. Passed: Unanimous roll call vote.
Public Hearing Closed —Chairman Blacker closed the public hearing and noted anyone wishing to appeal their
decision should see the Director of Community Development.
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D. Case No. SUP-19AA-97, a request by Gemstar Properties, LLC, for a special use permit to use a
manufactured home as a temporary sales office located on Lot 76, more commonly known as 2608
Minutes of December 9, 1999
ATTEST:
Chairman Jim Blacker
Community Devel A 4 - yDirector
Minutes of December 9, 1999