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PUBLIC HEARING COMMENT SHEET
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STREET ADDRESS: 36 l s 06,67A/
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NAME OF CASE BEING HEARD: 5L} -(6 - q/
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Pa - 1
BEFORE THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL,IDAHO
IN THE MATTER OF THE APPLICATION OF ) CASE NO. SUP-66-99,
RANO AND SARAH SULLIVAN FOR A ) COURSE OF PROCEEDINGS,
PERMIT TO CONSTRUCT A TWO-PLEX ) GENERAL FACTS,TESTIMONY,
RESIDENTIAL STRUCTURE IN AN R-1 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-66-99 to be held on October 28,1999. Public notice requirements set forth in
Idaho Code, Chapter 65, Local Planning Act, were met. On October 13, 1999 notice was
published in the Idaho Press Tribune; on October 11, 1999 notice was mailed to all property
owners within 300 feet of the project site and to the Caldwell and Vallivue School Districts; and
on October 21, 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): Rano and Sarah Sullivan, 3015 Owyhee Lane, Caldwell, ID.
2.2 OWNER(S): Same as Applicants.
2.3 REQUEST: To construct a two-plex (townhouse) dwelling on a lot within an R-1 zone. Mr.
Sullivan notes in his narrative that one unit will house his 87-year-old mother and the other unit
will house him and his wife. As seniors they desire to downsize their yard and living space.
2.3.1 Zoning Ordinance No. 1451, Section 10-02-02, Land Schedule, provides for a two-unit dwelling
on an individual lot within an R-1 zone by special use permit only.
2.3.2 The proposed lot is approximately 4186 square feet. The Applicants intend to do a lot line
adjustment by incorporating a portion of the parcel (Rano Sullivan's mother's property)that abuts
the eastern edge of the subject parcel. The Applicants are not quite sure how much land will be
incorporated into the parcel; however, the lot that will house the townhouse must be a minimum
of 6000 square feet.
2.4 LOCATION: Approximately 90 feet east of Tinnin Lane and adjacent to the north side of the
unimproved right-of-way for Tinnin Lane.
2.5 NATURAL RESOURCES AND HAZARDOUS AREAS: The property is not within the vicinity
of the Boise River or Indian Creek.
2.6 LAND USE: The site is zoned R-1 and is surrounded by R-1.
2.7 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential.
2.7.1 Low Density Residential is defined as "suitable primarily for single-family residences. Other
uses characteristic of low-density residential areas such as churches, schools,neighborhood parks,
comparable public facilities and essential utility installations are appropriate. The residential
density is from 1 to 6 dwelling units per net acre."
2.8 AREA OF CITY IMPACT: The project site 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 October
11, 1999.
2.9.2 Fire Protection — In a memorandum dated October 14, 1999 the Fire Marshal noted that a fire
hydrant will be required for the NE corner of Tinnin Lane and South Florida. The current fire
hydrant is 230 feet from this intersection and the proposed building site would require 780 feet of
fire hose stretched from the current fire hydrant. The fire hydrant will be required to be
operational before combustible construction begins.
2.9.3 Water/Sewer—The City Engineer, in a memorandum dated October 15, 1999 noted that the site
lacks sewer and water. Sewer is available in the developed portion of Tinnin Lane but the
topography may preclude the providing of gravity sewer. Water is available in the developed
portion of Tinnin Lane and could be extended into the right-of-way of Tinnin Lane.
2.9.4 Stormwater — Stormwater will be addressed at the time of the building permitting process and
must be approved by the Engineering Department.
2.10 TRANSPORTATION: The lot is adjacent to the northern boundary of the undeveloped right-of-
way of Tinnin Lane. Gordon Law noted that the City requires any new structures to be served by
a public road with paving, curb/gutter/sidewalk. Tinnin Lane and its right-of-way need to be
extended to meet this requirement. Mr. Law discussed the idea of a Local Improvement District
(LID)to provide the street improvements and he believes it is worth pursuing.
2.10.1 Parking — Section 10-02-05 of Zoning Ordinance No. 1451 sets forth off-street parking
requirements for various uses. One space for each dwelling unit is to be provided if the square
footage of each unit is less than 1100 square feet; 2 spaces per unit is required if each unit is
greater than 1100 square feet. It is unknown as this time what the square footage of each unit will
be. However, parking space requirements will be addressed at the time of building permit
processing.
2.11 PARKS, RECREATION AND OPEN SPACE: The request is for a townhouse; no parks,
recreation or open spaces are proposed.
2.12 HISTORIC AREAS: The site is not within the City's Area of Historic Significance.
2.13 HOUSING: The two-plex will provide two single-family living units.
2.14 COMMUNITY DESIGN: The lot is vacant.
III TESTIMONY
3.1 Linda James presented the staff report.
3.2 Rano Sullivan, Applicant, testified in favor and stated the following: Gene Enebo of the
engineering department had told him he believed that by extending the sewer on down Tinnin
Lane that they could hook onto gravity flow; they will make the lot as large as necessary in order
to meet the minimum lot size requirements; and asked who has to pay for the installation of the
fire hydrant required by the City.
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: Residential
Categories — Policies 2, 3, and 8; Utilities — Policies 1 and 2; Urban Storm Runoff— Policy 1;
Housing—Policy 3.
VI FINDINGS OF FACT
6.1 Accept the general facts outlined in staff report as Findings of Fact and include the following as
Findings of Fact: the lot will meet the requirements for minimum lot size; the fire hydrant will be
installed; Gene Enebo has told the Applicant that sewer can be extended but if this cannot happen
a permit for a septic sewer system would have to be obtained from the Health Department; Tinnin
Lane has to be extended.
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 finds that Case No. SUP-66-99, a request by Rano and Sarah Sullivan to construct a two-
plex (townhouse) on one lot located in an R-1 zone Avenue 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, or replaced with another approved use. The Special Use Permit is not
transferable from the approved site to another site.
8.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with
all conditions placed upon this Special Use Permit.
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8.4 No changes in the conditions and terms of this 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 and determined whether
they are substantial. If they are determined to be substantial, the Applicant shall request an
approval of the amendment(s)through the public hearing process.
8.5 Any violation of the terms and conditions of this 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 A building permit shall be obtained prior to any construction commencing. Construction of the
two-plex shall have commenced within one year of signing of the Order of Decision, or the
Applicant, or future assigns having an interest in the subject site, shall request a one-year
extension from the Community Development Director. No other extensions shall be granted by
the Community Development Director beyond this two-year time frame.
8.7 Construction of the two-plex shall meet all lot size, setback and height requirements set forth in
Section 10-02-03, Table 2 for an R-1 zone.
8.8 A fire hydrant shall be installed in accordance with the Uniform Fire Code, and as approved by
the Fire Department. The fire hydrant shall be installed and in operating condition prior to any
combustible construction commencing.
8.9 Tinnin Lane shall be extended to provide access to the subject lot. The extension and
improvements of Tinnin Lane shall meet the requirements of the City Engineer and shall be
addressed prior to a building permit application being submitted.
8.10 Stormwater compliance shall be considered and approved as a part of the building permit
application process. Water and sewer systems, whether public or private, shall be installed to the
requirements and approval of the City Engineer.
CASE NO. SUP-66-99 WAS HEARD BY PLANNING AND ZONING COMMISSION MEMBERS AT
A PUBLIC HEARING HELD OCTOBER 28, 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.
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�.�.. 11��y145► ATTEST:
• an Jim Blacker Date
Community De opment Director
Findings of Fact — Motion: Commissioner Beebe. Second: Commissioner Archuleta. Accept the general facts
outlined in the staff report as Findings of Fact and include the following as facts: the lot will meet the requirements
for minimum lot size; the fire hydrant will be installed; Gene Enebo has told the Applicant that sewer can be
extended but if this cannot happen a permit for a septic sewer system would have to be obtained from the Health
Depailment;Tinnin Lane has to be extended. Passed: Unanimous roll call vote.
Conclusions of Law — Motion: Commissioner Beebe. Second: Commissioner Archuleta. 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. Passed: Unanimous roll call vote.
Order of Decision—Motion: Commissioner Beebe. Second: Commissioner Archuleta. Approve Case No. SUP-
66-99,with the standard conditions outlined in the staff report. 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.
D. Case No. SUP-68-99, a request by West Farm Foods to construct a 70-spaces, fenced, off-street parking
facility on a secondary lot for use by employees of West Farm Foods.
Testimony—
Linda James presented the staff report.
Casey Baker, Applicant's Representative, spoke in favor and stated the following: the keybox mentioned in the
Fire Marshall's memorandum, is for a security system that will protect the employees' vehicles; the plan will be
revised to show the isle width and length of stalls in compliance with the City's requirements.
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: Commercial Categories- Policy 3; Urban
Storm Runoff-Policies 1 and 2. Passed: Unanimous roll call vote.
Findings of Fact — Motion: Commissioner Beebe. Second: Commissioner Archuleta. Accept the general facts
outlined in the staff report as Findings of Fact and include the following as facts: a security system will be
installed that will protect the employees' vehicles; the plan will be revised to show the isle width and length of
stalls in compliance with the City's requirements. Passed: Unanimous roll call vote.
Conclusions of Law — Motion: Commissioner Beebe. Second: Commissioner Archuleta. 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. Passed: Unanimous roll call vote.
Order of Decision—Motion: Commissioner Beebe. Second: Commissioner Archuleta. Approve Case No. SUP-
68-99, with the standard conditions outlined in the staff report. 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.
VII. Planning Issues-There were no planning issues brought forward.
VIII. Adjournment—Chairman Blacker adjourned the meeting at approximately 8:05 p.m.
MINUTES APPROVED BY COMMISSION MEMBERS, AND SIGNED BY CHAIRMAN BLACKER, AT A
REGULARLY SCHEDULED MEETING HELD DECEMBER 9, 1999.
ATTEST: `„„19
C a. n Jim Blacker Community De - o. ent Director
Minutes of October 28, 1999