HomeMy WebLinkAbout04 Public Response PUBLIC RESPONSE
ITEM DATE SUBMITTED BY
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REQUEST TO EXAMINE FILES
On - \IA--4 �`"I — , 1997, I visited the Caldwell Community Development Department
( Planning and Zoning) and examined the case files for Case No. � �' 1 —
I requested copies of the following documents taken from the files:
I understand that this request to examine files will be made a part of the permanent file regarding
this Case.
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Assisted By
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40 � ow p tip13 Phone: (208) 455-4656
7,At ° SE Fax: (208) 455-3003
Q.1)<17.472_ Request for Public Records
The City of Caldwell complies with the Idaho Public Records Act(Idaho Code 9-337 to 9-348)regarding
appropriate time limitations for public record requests. By law,information gained through this request cannot
be used for the purpose of compiling a mailing list or telephone list without obtaining permission from each
individual.
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Info --ation Requested: (Please be as detailed as possible)
I request to examine [ ] or copy [ ] the following records:
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Results/Findings: (Office use only)
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Verbal Response Number of Pages Date Finished Time Required
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City Attorney Approval/Comments:
Staff Providing Information: Staff Comments: Gov-c111:'11
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BEFORE THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL, IDAHO
IN THE MATTER OF THE APPLICATION OF ) CASE NOs. SUP-09-97 AND
ROY HARDY FOR A SPECIAL USE PERMIT ) VAR-01 -97, COURSE OF
FOR A PLANNED UNIT DEVELOPMENT, AND ) PROCEEDINGS, FINDINGS OF
A VARIANCE ) FACT, COMPREHENSIVE PLAN
ANALYSIS, 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-09-97 and VAR-01-97, to be held on May 15, 1997. Public notice
requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been met. On
April 23, 1997, notice was published in the Idaho Press Tribune; on April 30, 1997, notice
was mailed to all property owners within 300 feet of the project site; and on May 7, 1997,
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 will also be available for review at the hearing.
II FINDINGS OF FACT
2.1 APPLICANT(S): Roy Hardy, 3421 S. Kimball Avenue, Caldwell, ID, 83605.
2.2 OWNER(S): Same as Applicant.
2.3 REQUEST: The Applicant requests approval of a Special Use Permit for a Planned Unit
Development to construct two, 3-family dwellings and two, 4-family dwellings on
approximately 1.36 acres located in the R-2 zone, and approval of a variance from the 2-
acre requirement for Planned Unit Developments.
2.3.1 The Applicant's narrative noted that" the site is presently an unsightly piece of ground with
a hill side on the north side that is covered with sagebrush, rocks, dead trees, and scattered
debris. The design of the proposed structures cut back into the hillside will add distinctive
beauty and will complement the area and neighborhood in general. The conversion of this
`junky hillside'to much needed multi-family dwellings will be a benefit to the community. The
targeted tenant is of medium income, with 2-bedrooms, 1-bath units renting in the range of
$550 to $600."
2.3.2 A two-family dwelling or a three-family dwelling is permitted on a single lot in an R-2 zone;
a four-family dwelling is only permitted in an R-2 zone as a special use. The only provision
in the Zoning Ordinance to develop this type of multi-family complex, under single ownership
and on a single parcel, is through consideration of a request for a Special Use Permit for a
Planned Unit Development.
2.3.3 Planned Unit Developments, Section 10-03-07, subsection (6) of the Zoning Ordinance
states "No Application for a Planned Unit Development shall be considered for approval
unless a minimum of two (2) acres of land is contained in any proposal." As noted under
Section 2.3 of this report, this parcel is approximately 1.36 acres.
SUP-09-97 VAR-01-97
PAGE 2
2.3.4 Variance Procedures, Section 10-03-05 of the Zoning Ordinance sets forth provisions for
the Commission to consider a modification of the requirements for lot size, lot coverage,
width, depth, setbacks, or any dimensional requirement. Five criteria outlined in the Zoning
Ordinance regarding variances must be found to be true in order for a variance to be
granted.
2.4 LOCATION: The northwest intersection of North First Avenue and Plymouth Street.
2.5 LEGAL DESCRIPTION: The property is described as a part of Block 89, Golden Gate
Addition to Caldwell.
2.6 SITE PLAN: The Applicant's site plan shows the four structures to be built within the
southwestern half of the property that faces Plymouth Street. The northeastern half of the
site is unbuildable due to the steep slope abutting Canyon Hill. An engineered retaining
wall, approved by the City Engineer, has been constructed along the entire length of the
parcel and adjacent to the patio areas.
2.6.1 The site plan shows 29 parking spaces between Plymouth Street and the structures.
Section 10-02-05 of the Zoning Ordinance requires 1.5 parking spaces per each dwelling
unit. There are 14 proposed dwelling units (14 x 1.5 = 21). Landscaping is proposed
between structures as well as along the side yards. A cement patio is shown along the back
side of each structure.
2.7 NATURAL RESOURCES AND HAZARDOUS AREAS: The project site is located
approximately 0.25 miles southeast of the Boise River, but is not within the floodplain
overlay. The back portion of the project site is very steep; Notus Canal is located at the
northeastern rim. An engineered retaining wall, as approved by the City Engineer, has been
constructed to provide stability to this slope and to eliminate potential slides.
2.8 LAND USE: The project site is zoned R-2, Combined Medium Density Residential. The
parcel across Plymouth Street on the southwest is zoned R-2 and has a dwelling on site; the
parcel located at the northwestern boundary of the site is an open area zoned R-2; the
parcel adjacent to the southeastern boundary is developed with a single-family residence
and is zoned R-2; and the parcels to the northeast, across Notus Canal are zoned R-1 and
are developed as single-family residential. The hillside portion of the project site eliminates
any view of the northeastern R-1 properties. A parcel located to the southeast, and within
300' of the southeast border of the project site is Matterhorn Ice Cream Company and is
zoned M-1.
2.9 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential.
2.9.1 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."
2.10 AREA OF CITY IMPACT: The project site is not within the Area of City Impact.
SUP-09-97,VAR-01-97
PAGE 3
2.11 PUBLIC FACILITIES:
2.11.1 Schools -The nearest school (Sacajawea Elementary School) is located north of Plymouth
Street at 1710 N. Illinois Avenue.
2.11.2 Fire Protection -The City's Fire Marshall, in a memorandum dated April 24, 1997, requested
the following: 1) a fire-flow rate of 1,500 gallons per minute be provided to this site with a
fire hydrant within 250 feet of the parking stall for a given unit; and, 2) that address numbers
are posted on the buildings using a minimum of 6" high lettering.
2.11.3 Utilities - Water/Sewer - City water is available at the site. In a memorandum dated May
2, 1997, the City Engineer requested the following: 1) curb, gutter, and a 5-foot wide
sidewalk be provided along Plymouth Avenue; and, 2) plans for storm water retention on the
site must be submitted and approved. The City Engineer also noted that irrigation plans
must be approved by the applicable irrigation district, and that approval has been granted
to the Applicant to construct a sewer line to serve the site.
2.11.4 Stormwater - The Applicant is required by the City Engineer to submit plans and receive
approval for storm water retention on the site
2.11.5 Irrigation - Contact was made to Golden Gate Irrigation District, Black Canyon Irrigation
District and Canyon Hill Irrigation District to determine the applicable irrigation district for this
site. None of these districts include this site. The Applicant has also informed staff that this
site has never been accepted by a district.
2.12 TRANSPORTATION: The section of W. Plymouth Street along the boundary of this site
is classified as a collector roadway. As noted under section 2.11.3 of this report, the
Applicant is to provide curb, gutter and a 5-foot wide sidewalk along Plymouth Avenue.
2.13 PARKS, RECREATION AND OPEN SPACE: The Applicant is not proposing a common
area.
2.14 HISTORIC AREAS: This property is not within the City's Area of Historic Significance.
2.15 HOUSING: The proposal is to construct 4-residential structures that will provide a total of
14 residential units on a single parcel.
2.16 COMMUNITY DESIGN: There is no vegetation or landscaping on the site. The site plan
identifies landscaped areas; no landscaping plan was submitted.
III APPLICABLE LEGAL STANDARDS
3.1 City of Caldwell 1977 Comprehensive Plan, as amended.
3.2 City of Caldwell Zoning Ordinance No. 1451, as amended.
.', d
SUP-09-97.VAR-01-97
PAGE 4
IV COMPREHENSIVE PLAN ANALYSIS
The proposed project is in compliance with the Comprehensive Plan because:
4.1 Natural Resources and Hazardous Areas- Policies 2 and 5. The development is not located
in a floodplain: the retaining wall, constructed to engineered standards, will stabilize the that
portion of the site that is steeply sloped,
4.2 Residential Categories - Policies 2, 3, 4, 5, 6, 7, 8, and 10. The site is vacant and the steep
hillside creates problems in usability. An engineered retaining wall has been constructed
on the site, which will stabilize the hillside. The Comprehensive Plan designation is Medium
Density, which supports 2 and 3-family dwellings.
4.3 Public Facilities- Utilities. Policies 1 and 2. Extension of the city's public sewer system has
been approved by the City Engineer. The site is not located within any irrigation district.
4.4 Public Facilities- Urban Storm Runoff- Policies 1 and 2. Conditions of approval ensure that
the Applicant will provide a stormwater run-off plan to the City Engineer for approval.
4.5 Housing - Policies 1, 2, 3 and 5. The project will provide a diversity of housing in this area,
and is fully integrated with existing transportation and public facilities.
4.6 Special Areas - Boise River- Policy 3. The project will provide quality development within
the vicinity of the Boise River.
4.7 Community Design - Policies 1, 2, 3, 4, 8 and 9. Development of this site will improve the
visual image of the City. The granting of the variance provides a modification to the strict
standards and regulations of development. The site fronts on Plymouth Street, a collector
street, and conditions of approval will ensure that appropriate landscaping is provided.
V CONCLUSIONS OF LAW
5.1 Granting of a special use permit does not set a precedent in respect to common areas and
acreage requirements normally required by planned unit developments.
5.2 Granting of a variance permits the Planning and Zoning Commission greater latitude in
reviewing projects as they relate to a specific site.
5.2 A natural buffer to the R-1 zone north of the subject site is provided by the hillside, The
project qualifies as an in-fill and is a good transition between the M-1 zone located southeast
of the site. The location of the land in relation to the Notus Canal and the depth of the
property make it difficult to develop as a subdivision. The site is served by City services and
the City's Engineering/Fire Protection departments did not indicate any adverse impacts.
5.3 The five criteria required to be answered "true" in granting a variance were met. The
topography of the site provides exceptional and extraordinary circumstances that do not
apply to other properties with the same zoning district. The granting of the variance will not
constitute a grant of special privilege and will not be materially detrimental to the public
health, safety or welfare. Granting of the variance will not conflict with the spirit and intent
of the Comprehensive Plan and will not effect a change in zoning.
2/ , i
SUP-09-97 VAR-01-97
PAGE 5
VI ORDER OF DECISION
Based on these Findings of Fact and Conclusions of Law, and for the reasons stated, the
Planning and Zoning Commission of Caldwell, Idaho, orders that the request by Roy Hardy
for a Special Use Permit to develop a planned unit development, and for a variance from
the 2-acre requirement for planned unit developments be approved subject to the following
conditions:
6.1 The specific terms and conditions placed on this 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.
6.2 The Applicant, or future assigns having an interest in the subject property, shall fully comply
with all conditions placed upon this Special Use Permit.
6.3. 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
approval for amendment has been granted through the public hearing process.
6.4 The special use permit shall be considered null and void if construction plans have not been
approved by applicable City departments within 6 months from the date of signing this Order
and if construction of the site has not commenced within one year from the date of signing
this Order.
6.5 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.
6.6 Curb and gutter, and a 5-foot sidewalk will be installed, as approved by the City Engineer,
along Plymouth Avenue the length of the development.
6.6 Prior to any building permits being issued, the Applicant shall verify in writing to the
Community Development Department that all conditions placed on the project by the City's
Engineering and Fire Departments have been met.
6.7 Weather permitting, the Applicant shall install landscaping, as approved by the City Forester
and Community Development Director, as soon as possible following construction activities.
6.8 Use of City water for irrigation purposes shall be approved by the City Engineer in writing
and submitted to the Community Development Department.
6.9 As shown on the site plan, four access points to the site from Plymouth Road shall be
provided.
SUP-09-97.VAR-01-97
PAGE 6
DATED THIS --5---- DAY OF JUNE, 1997.
BY ORDER OF THE CALDWELL
PLANNIN, ZONING COMMISSION
(r____LO
`— -_, °-- ATTEST:
William Roos, Chairman
Mi e�-aw�l"""Nac tigall, V e Chairman Betty Jo Keller, City Clerk
April Cabello
From: April Cabello
Sent: Wednesday, September 04, 2013 2:32 PM
To: 'Marshall @Markardesign.com'
Cc: Debbie Geyer
Subject: Public Records Request
Attachments: Public Records Request - R02242 BLK 89 Golden Gate Add..pdf
Hi Marshall,
Per your request please find the attached Public Records Request Response from the Planning &
Zoning Department.
Please note the Special Use and Variance is null &void. (see page 5 condition 6.4)
Thank you,
April Cabello
Planning Technician
City of Caldwell
(208) 455-4667 phone
(208) 455-3050 fax
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