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PUBLIC HEARING COMMENT SHEET
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BEFORE THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL,IDAHO
IN THE MATTER OF THE APPLICATIONS OF ) CASE NOs. SUP-36-98, SUP-37-98,
PASTOR JESSE GARCIA,JR.,FOR SPECIAL ) SUP-38-98, COURSE OF
USE PERMITS TO ESTABLISH A CHURCH, ) PROCEEDINGS,GENERAL FACTS,
SECURITY GUARD QUARTERS IN THE ) TESTIMONY,APPLICABLE LEGAL
CHURCH,AND OFF-SITE PARKING ) 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-31-98 to be held on June 25, 1998. Public notice requirements set forth in Idaho
Code, Chapter 65, Local Planning Act, were met. On June 10, 1998,notice was published in the
Idaho Press Tribune; on June 5, 1998,notice was mailed to all property owners within 300 feet of
the project site; and on June 18, 1998,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): Jesse Garcia, 15651 Car 3 1 14 c 'LQ 2.2 OWNER(S): Lynn Hardy,604 Arthur Strei
.PNe-
2.3 REQUEST: To hear concurrently Case Nos. rP-38-98,requests by
Pastor Jesse Garcia, Jr., to use an existing b a church; to use one
area of the building as security guard quarter ondary lot as an off-
street parking facility for use by church mem
2.3.1 The existing building has already been cony Applicant was not
aware that special use permits have to be ) be considered in
conformance with the Zoning Ordinance. W that the use of this
building as a church at this time is a violati liately applied for
special use permits.
2.3.2 The Applicant notes in his narrative that there are presently 18 members and that the church was
moved from the Canyon Athletic Club Upper Room to its present location because of anticipated
growth in membership. Remodeling of the building on 6th Street has already been done,
including a new roof, siding,bathrooms,carpeting, lighting,heating and air,and paint.
2.3.3 The Applicant also indicates that there is a need for security quarters within the Church in order
for there to be care and security of the facility.
2.4 LOCATION: The existing building is located on the north side of 6th Street between Blaine and
Cleveland Boulevard;the secondary parking lot is more commonly known as 518 Blaine.
2.5 NATURAL RESOURCES AND HAZARDOUS AREAS: The property is not within the near
vicinity of the Boise River; Indian Creek flows along the east side of the building.
2.6 LAND USE: The site is zoned C-2. Churches and security guard quarters are allowed in a C-2
zone by special use permit.
2.7 COMPREHENSIVE PLAN DESIGNATION: Medium-density residential.
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 June 5,
1998.
2.11.1 Fire Protection—In a memorandum dated June 11, 1998, the City's Fire Marshal, noted that: 1)
addresses shall be 6" high; 2) portable fire extinguishers shall be installed; 3) emergency power
equipment is to be provided; 4) exit signs are to be provided and illuminated; 5)the building is to
have adequate exiting systems; 6)proper separation is to be provided between the residential and
assembly occupancies;and 7)residential occupancies are to be limited to UBC requirements.
2.11.2 Water/Sewer—The building is connected to the City's public water/sewer systems.
2.11.3 Stormwater—There are no plans to add onto the building; the proposed parking area for use by
the members is already in use as a parking lot.
2.12 TRANSPORTATION: Ingress/egress to the parking lot located behind the building will be via an
alley that interconnects with 6th and 5th Streets. The Applicant is requesting a special use permit
to use this lot as off-street parking for the members on Sunday mornings, Sunday evenings, and
Wednesday evenings.
2.12.1 Section 10-02-05, Subsection 6, permits parking facilities on a secondary lot, if a special use
permit is approved. The owner of the secondary lot has agreed that the lot known as 518 Blaine
can be used by the Church membership. However, staff is not aware of a written agreement
between the two parties and it is unclear as to how many months/years this approval will be valid.
2.12.2 Section 10-02-05, Subsection 3,notes that 0.25 parking spaces for each seat of a Church are to be
provided. It appears that there would be a maximum of 10 parking spaces provided on the
secondary lot. This would compute to enough parking spaces to serve 40 persons.
2.13 PARKS, RECREATION AND OPEN SPACE: Parks, recreation and open spaces are not
proposed.
2.14 HISTORIC AREAS: This site is within the City's Area of Historic Significance.
2.15 HOUSING: The existing building is in a C-2 zone;there are currently two apartments in use. The
Applicant is proposing one apartment to remain as security guard quarters.
2.16 COMMUNITY DESIGN: There is no open space or landscaping at this site.
III TESTIMONY
3.1 Linda James presented the staff report and the following exhibits: Exhibit PZ 1000, a copy of the
Assessor's map showing the site and surrounding zoning, and Exhibit A-4, a letter from Lynn
Hardy in which he offers his permission for the Church to use the parking lot at 518 Blaine for as
long as the Church occupies the building at 314 S. Sixth. She also read into the record the
defmition of"security guard quarters."
3.2 Pastor Garcia spoke in favor of the proposal and stated that the Church intends to use the two
existing apartments for rental as apartments and not to use one of the apartments for security
guard quarters.
3.3 Linda James stated that there is no provision in the ordinance for these two apartments to be
rented if the building is used as a church, and that the section quoted by Pastor Garcia regarding
non-conforming uses was not interpreted by her to apply to this situation. She also stated that the
legal notice was for the use of one of the apartments for security guard quarters and that no notice
was given for two rental apartments. In addition, approval of this request would not include
approval of other off-street parking facilities for the Church once the membership exceeds 40,
and that the Church would have to apply for an amendment to any approval given at this hearing
once that occurred. A building permit, for a change is use, will have to be obtained by the
Applicant before the SUPs can become valid.
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 project is in compliance with the following Comprehensive Plan policies: 1) Commercial
Categories—Policies 1 and 4. Historic Areas—Policy 3. Downtown—Policies 2 and 4.
VI FINDINGS OF FACT
6.1 Accept the general facts and testimony as findings of fact and include the following: the
Applicant desires to use both apartments for rental purposes; the Zoning Ordinance does not
provide for this mixed use of a building; the legal notice was for a church with security guard
quarters and not apartments; there were no plans presented for additional off-street parking after
the congregation exceeds 40.
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 on the Findings of Fact and Conclusions of Law, and for the reasons stated, the Planning
and Zoning Commission, orders that Case Nos. SUP-36-98, SUP-37-98, and SUP-38-98 requests
by Pastor Jesse Garcia, Jr., to use an existing building located in a C-2 zone as a church; to use
one area of the building as security guard quarters for the church; and to use a secondary lot as an
off-street parking facility for use by church members; be approved, subject to 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.
8.4 No changes in the conditions and terms of this Special Use Permit, as approved, shall be
undertaken by the Applicants,or future assigns having an interest in the subject property,until the
Community Development Director has reviewed the proposed changes and approval for
amendment has been granted 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 The apartment to be used as the 24-hour caretaker quarters is required to meet building
department and fire department codes for dwelling units
THE PLANNING AND ZONING COMMISSION AT A PUBLIC HEARING HELD JULY 9, 1998
APPROVED FINDINGS OF FACT,CONCLUSIONS OF LAW,AND DECISION.
WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW WERE APPROVED BY THE
PLANNING AND ZONING COMMISSION AT A MEETING HELD JULY 9, 1998.
William Roos, Chairman ATTEST:
40/ /
Charles Murphy,Vice-Ch.' u.S" Community Develop Director
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