HomeMy WebLinkAboutOrder of Decision SUB-181P-071
ORDER OF DECISION
BY THE MAYOR AND CALDWELL CITY COUNCIL
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD OCTOBER 1, 2007
SIGNED OCTOBER 15, 2007
Subject:Case No. SUB-181P-07 (Monarch Commercial Subd. No. 2)
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
PRELIMINARY PLAT APPROVAL FOR MONARCH COMMERCIAL SUBDIVISION NO. 2
CONSISTING OF FOUR (4) COMMERCIAL LOTS AND ONE (1) COMMON LOT.
TABLE OF CONTENTS:
I COURSE OF PROGEEDINGS
li GENERAL FACTS
III TESTIMONY
IV APPLICABLE LEGAL STANDARDS
V COMPREHENSIVE PLAN ANALYSIS
VI FINDINGS OF FACT
VII CONCLUSIONS OF LAW
VIII CITY COUNCIL'S ORDER OF DECISION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application SUB-181 P-07 held before the CaldweA Hearing Examiner on August 28, 2007.
Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met.
On August 12, 2007 notice was published in the Idaho Press Tribune, and on August 10, 2007
notice was mailed to all property owners within 300 feet of the project site; and on August 16,
2007 notice was posted on the site.
1.2 On August 28, 2007 the Caldwell Hearing Examiner recommended approval of this request.
1.3 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application SUB-1$1 P-07 to be held before the Caldwell City Council on October 1, 2007.
Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met.
On September 16, 2007 notice was published in the Idaho Press Tribune, and on September
14, 2007 notice was mailed to ail property owners within 300 feet of the project site; and on
September 20, 2007 notice was posted on the site.
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SUB- I $ I P-07 (Monarch Commercial Subd. No" 2)Page I of 15
ORDER OF DECISION
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1.5 Files and exhibits relative to this application are available for review in the Planning and
Zoning Department, 621 Cleveland Blvd., Caldwell, and at applicable public hearings.
II GENERAL FACTS
2.1 APPLICANT: Northland Properties, LLC, P.O. Box 344, Meridian, ID 83680.
OWNER: Northland Properties, LLG, P.O. Box 344, Meridian, ID 83680.
ENGINEER: Briggs Engineering, 1800 W. Overland, Boise, ID 83705.
2.2 REQUEST: The applicant is seeking preliminary plat approval for four commercial lots and one
common lot located on a parcel of land zoned C-3 Service Commercial. The site is located on
the east side of Middleton Road approximately 1,000 feet south of Ustick Road.
2.3 BACKGROUND: The site was annexed into the City of Caldwell in 2001 as part of the
Monarch Subdivision and zoned C-3 Service Commercial.
The site was further approved in 2004 as a preliminary plat consisting of six commercial lots,
one City-owned well lot and four common lots.
Monarch Commercial Subdivision No. 1 was recorded February 22, 2006 and consists of one
lot which is owned by the City of Caldwell and is a well lot.
In April 2006 the remainder of the site was reconfigured into a preliminary layout that differed
from the originally-approved preliminary plat so it had to be re-submitted for approval as
Monarch Commercial Subdivision No. 2. This preliminary plat was denied on May 1, 2006.
The site does possess a special use permit for amini-storage facility. This was approved by
the Planning and Zoning Commission, with conditions, on March 13, 2006.
2.4 LEGAL DESCRIPTION: A metes and bounds I egal description f or the development was
submitted along with the application. The property is located in a portion of Government Lot 4
and the SW of the NW of Section 5, Township 3 North, Range 2 West.
2.5 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map
designation for this site is Commercial. The request is consistent with the Comprehensive
Plan Map.
2.6 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
2.6.1 Property Rights: The five checklist criteria set forth by the Attorney General in the "Idaho
Regulatory Takings Act Guidelines" were reviewed by planning staff. The criteria is as follows:
1. Does the regulation or action result in a permanent or temporary physical occupation of
the land? No
2. Does the regulation or action require a property owner to dedicate a portion of property
or to grant an easement? No
3. Does the regulation deprive the owner of all economically viable uses of the property?
No
4. Does the regulation have a significant impact on the landowner's economic interest?
No
c _n
5. Uoes the regulation deny a fundamental attribute vi uwr er~~ ~iN - ~w
SUB-I8IP-07 (Monarch Commercial Subd. No. 2)Page 2 of 15
ORDER OF DECISION
2.6.2 Land Use: The property immediately north is zoned C-3 Service Commercial. The property
east and south is zoned R-1 Single Family Residential and is the Monarch Subdivision. The
property west of the subject property is zoned C-3 Service Commercial.
2.6.3 Transportation: The property has frontage on Middleton Road and has one approach on
Middleton Road. Nampa Highway District responded on July 11, 2007 with the following
comments:
The Nampa Highway District recently received a copy of the preliminary plat for the Monarch
Commercial Subdivision No. 2, which was forwarded to us by Canyon Highway District No. 4.
It appears as if this project is under the jurisdiction of the City of Caldwell as the Nampa
Highway District No. 1 does not maintain the area of Middleton Road that is located along the
front of this development. If you should have any questions please feel free to contact me at
467-6576. F. James Buffington, Director of Highways"
2.6.4 Public Services. Utilities and Facilities: Idaho Power, Intermountain Gas and the Caldwell
Engineering Department were notified of this request on July 2, 2007. No responses were
received from Idaho Power or Intermountain Gas. The Engineering Department responded in
a memo dated August 22, 2007.
Development Plans
Development Plans -Prior to commencing construction, plans must be prepared by the
developer's engineer and approved by the City Engineering Department which may include
the following items:
a.Street section and alignment (including curb and gutter);
b.Sidewalk (5 foot on Middleton Road);
c.Sanitary sewer (per City and DEQ requirements);
d.Potable water (per City and DEQ requirements);
e.Stormwater facilities (per City Policy);
f.Street lighting (at intersections and maximum spacing of 350 feet and must meet Idaho
Power des ign s tandards p lus c onform iden tically t o t he I amp, bal last, ands ensor
switching equipment used by Idaho Power or City Engineer approved alternative);
g.Street signage (per City and MUTCD requirements);
h.Irrigation system (per government irrigation provider requirements);
i.Vertical Datum based on NAVD 88 Datum.
Irrigation
1.The developer shall maintain any existing upstream drainage rights and downstream
irrigation water supply rights across the property. During the design phase of this
project, the developer or his engineer is to contact the appropriate irrigation district to
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submitted for review along with the developments proposed construction drawings.
SUB-181P-07 (Monarch Commercial Subd. No. 2)Page 3 of 15
ORDER OF DECISION
Appropriate facilities to convey irrigation and drainage water across the property to
take care of any offsite needs shall be included. There is to be no discharge of gravity
irrigation return water into the subdivision storm water system.
2.The development is to include anon-potable water pressure irrigation system. The
design of this pressure irrigation system is to be reviewed and approved by the
Caldwell Municipal Irrigation District prior to construction plan approval. It shall be
required that the system will be operated and maintained by the Caldwell Municipal
Irrigation District.
3.Letter(s) are to be obtained from the appropriate irrigation district(s) indicating their
concurrence with the design and facilities that preserve any upstream drainage rights
and downstream irrigation water supply rights crossing the property and indicating an
adequate continuous irrigation supply flow is available to meet the pressure irrigation
system requirements.
4.Supplying irrigation district shall approve the location of the delivery point and the
design of any structure intended for construction within their facilities. Said construction
shall occur within the districts seasonal time parameters.
5.The applicant shall transfer a proportionate share of any existing water right(s), except
those held in trust by an irrigation- district, to the City of Caldwell for both irrigation and
domestic water supply for the subject development. If this should occur, The City shall
assist in registering the transfer.
Storm Drain
1.As noted previously, provision is to be made for the disposal of stormwater drainage in
accordance with the City stormwater Management Manual and any updates adopted
subsequent to this application. It is to be noted that retention designs will be denied in
most instances. A copy of this policy is available upon request. Tha engineer of
record is to provide calculations, which indicate that the assumptions in his stormwater
drainage plan comply with the requirements of the stormwater manual
2.The applicant shall identify and retain all historical drainage discharge points from the
property for the purpose of draining on site storm water detention facilities.
3.The final plat drawing should indicate that storm water detention basins are to be
placed in common lots in accordance with the referenced stormwater manual. A note
should be placed on the final plat indicating that all areas designated as common areas
are to be operated and maintained by the home owners association.
Rights-of-Way
1. Middleton Road is classified as an Arterial. The applicant will be required to dedicate as
public right-of-way a minimum fifty (50) one-half width right-of-way along the Middleton
Road frontage to bring it up to City standards for a Arterial (if not already present).
2. The applicant will be required to submit for review and comply with any additional right-
of-way requirements by the applicable Highway District.
SUB-181P-07 (Monarch Commercial Subd. No. 2)Page 4 of 15
ORDER OF DECISION
Street
1.Street side improvements shall be required in the public right-of-way adjacent to the
subject property on Middleton Road. These improvements are to extend the entire
length of the subject property and are to include curb, gutter, sidewalk and paving.
Street width shall be at a minimum width of 38 feet from centerline to back-of-curb. The
street shall feature 6 inch vertical curb and gutter, 5 foot attached sidewalk, sub-base
and asphalt paving, required storm water drainage facilities and streetlights. Refer to
City of Caldwell Supplemental Specifications to the 2003 ISPWC (standard drawing R-
810).
2.Any approaches on Middleton Road will be required to comply with ACRD intersection
spacing and of ignment standards a t a m inimum. D istance s pacing for full access
approaches is 440 feet. The proposed partial approach to the north shall be
constructed as a full a pproach. The ap proach t o t he s ouch s hall be s paced at a
distance of 440 feet from near edge to near edge from the approach to the north.
3.The applicant will be required to participate in a traffic study commissioned by the City
of Caldwell to determine what if any, traffic impacts may result from the additional daily
transportation on the adjoining streets and intersections requiring transportation
mitigation. The applicant will be required to share a proportionate cost of the required
improvements (if applicable).
4.The applicant will be required to submit for review and comply with any road
requirements or traffic concerns required by the applicable Highway District.
Sanitary Sewer
1.Any easements for sewer lines not in the right-of-way should be at least 20 feet in
width. Easements for adjacent sewer lines not in the right-of-way should be 30 feet in
width.
2.The nearest sewer will be an 8" line located northerly of the proposed development.
The line is extended through Lot 18 Block 1 of Monarch Subdivision No. 1 and is
adjacent to its easterly boundary. This line flows into the Blackhawk Subdivision No.1
which is currently being upgraded. The upgrade of the lift station will need to be
complete before the development can connect to sewer. The applicant will be required
to pay a proportionate share of the construction cost for the lift station at Blackhawk
Subdivision No.1 in accordance with the reimbursement agreement in place for said lift
station.
3.The location of sewer and water service, including sizing of mains, providing of
easements, frontage construction, and offsite construction are to be decided during
review of improvement plans. The site will be required to comply with the Franklin
Sewer Study.
4.The applicant will be required (where applicable) to extend all sewer mainlines to the
center of adjacent roadways for connectivity by future developments. Locations of said
extensions will be decided during the review of the improvement plans.
SUB-181P-07 (Monarch Commercial Subd. No. 2)Page 5 of 15
ORDER OF DECISION
Water
1.The location of water service, including sizing of mains, providing of easements,
frontage c onstruction, and o ffsite c onstruction ar e t o be dec ided du ring r eview o f
improvement plans. This development will be required to comply with the Water Master
Study.
2.The nearest water line will be a 12 inch line located in Middleton Road adjacent to the
westerly boundary of the proposed development.
3.All on site water mains will need to be looped into existing mains for fire flow and water
quality purposes. Internal main sizing and construction plan approval, will be
dependent upon the availability of fire flow.
4.The applicant will be required (where applicable) to extend all water mainlines to the
center of adjacent roadways for connectivity by future developments. Locations of said
extensions will be decided during the review of the improvement plans.
General
1.All street, sewer, water, fire protection, and street light facilities must be dedicated to
the City. Some conveyance facilities for stormwater drainage may be eligible for
dedication to the City.
2.Construction of dedicated facilities is to be performed by an appropriately licensed
public works contractor.
3.Prior to commencement of construction in any dedicated right-of-way, or construction
of any improvement intended for dedication to the City or connected to a City facility,
the City Engineering staff is to be notified. This preferably will take place in a pre-
construction conference scheduled by the engineer of record in which all appropriate
personnel and utilities are present. Appropriate City personnel are to be notified in
advance of all testing (including compaction, pressure and coliform, etc.) and given
opportunity to be present during conduct of the testing. The engineer of record or his
designated representative is to witness atl tests and a log of inspection visits and
testing results is to be kept by the engineer of record or his representative.
4.The developer is to employ a responsible design professional, preferably the engineer
of record, to oversee and inspect construction, to perform and/or observe all requisite
testing of completed facilities, and to certify that improvements have been constructed
according to approved plans and in compliance with applicable City, State, and Federal
standards.
5.The engineer of record shall be held responsible to ensure that subdivision
improvements are in substantial compliance with said engineer's design. Following the
construction of the subdivision improvements, the developers engineer shall provide
the City of Caldwell Engineering Department with electronic and reproducible Mylar As-
built plans suitable for blue-line reproduction for future reference and to establish that
the engineer of record has caused construction to occur in substantial compliance with
the design of said engineer of record.
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plat and shall meet current City standards.
SUB-181P-07 (Monarch. Commercial Subd. No. 2}Page fi of IS
ORDER OF DECISION
7.It shall be noted the proposed location of this development lies within the APO-1 Zone
and that this application shall be submitted to the airport commission for comment as
part of any action by the Caldwell planning and zoning director, Caldwell planning and
zoning commission or city council. (Ord. 2457, 12-20-2004).
8.The applicant will be required to submit for review and comply with any requirements or
concerns required by the Federal Aviation Administration. (Form 7460).
9.Any note, item or drawing element on the plats, construction drawings, engineering
drawings and/or design drawings related to the property inconsistent with City Codes,
Policies and/or Ordinances shall not be construed as approved unless specifically
addressed and granted by City Council as a variance or deviation.
Plat
1.Prior to approval of the final plat, subdivision facilities must be completed or an
appropriate construction security provided. There may be temporary restrictions to the
obtaining of building permits and/or occupancy permits, even with acceptable
construction security, depending on fire protection, emergency service requirements,
and City approval of the sanitary sewer system. The applicant shall disclose to lot
purchasers whether the issuance of building permits has been restricted. (Caldwell City
Code 11-02-06(1) (I)).
2.Upon recordation of the plat, the Engineering Department is to be provided with a
reproducible Mylar copy of said document, suitable for blue line reproduction.
3.An electronic copy of the Final Plat suitable for mapping and addressing purposes will
be required with Final Plat submittal.
2.6.5 Fire protection: The Caldwell Fire Department and Building Department was notified of this
request on July 2, 2007. No response was received.
2.6.6 Irrigation: Pioneer Irrigation District was notified of this request on July 2, 2007. No response
was received.
2.6.7 Landscaping: The required street landscape buffer along Middleton Road is shown on the
landscaping plan. Also shown is the required 20-foot wide landscape buffer along the south
and east boundaries as a buffer between differing land uses. This buffer also counts as the
required open space.
Landscape planter islands every 12th parking space is shown on the landscaping plan and
meets the code requirement.
2.6.8 Parking: There are 123 parking spaces shown on the landscape plan. It is unclear at this time
how many parking spaces will actually be required since the size of the buildings on each lot is
unknown. At the time of building permit application, required parking (that will be paved) will
need to be shown on the building plans before issuance of a building permit.
III TESTIMONY BEFORE HEARING EXAMINER
3.1 Anne Marie Skinner, Senior Planner, presented the staff report and labeled the aerial photo
PZ-1000.
SUB-181P-07 (Monarch Commercial Subd. No. 2)Page 7 of 15
ORDER OF DECISION
3.2 Sabrina Whitehead, applicant's representative, signed in favor of the application, submitted a
site plan that was labeled as PZ-1001 and stated that the developer had held a neighborhood
meeting on August 14, 2007.
TESTIMONY BEFORE CITY COUNCIL, OCTOBER 1, 2007
3.3 The Council President declared the public hearing open.
3.4 Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in, presented an aerial
map of the site, and outlined the staff report as written. She noted that the required buffer
between differing uses would be on the east and south boundaries and has been noted on their
approved landscaping plan. The required parking will be determined through the building permit
process. The special use permit for amini-storage facility on the parcel was approved by the
Planning and Zoning Commission on March 13, 2006. This unit is in the process of being built.
3.5 Sabrina Whitehead, 1800 W. Overland Road, Boise acknowledged being sworn in and spoke in
favor of this request. She presented a color plat map of the site, which the Council President
labeled as CC-1001. She noted that the storage unit is located in Block 2, Lot 1 of the plat. The
remaining three additional lots are located adjacent to Middleton Road. There will be two
accesses onto Middleton Road. The development exceeds the City's landscaping
requirements. A neighborhood meeting was conducted on August 14th where a total of six
people attended. Neighbors expressed concern regarding when the landscaping would be
completed and what development would be placed north of the site. Ms. Whitehead reported
that the landscaping would be completed within the next 60 days and no develop plans have
been finalized for the commercial site to the north. She stated that the developer is in
agreement with the staff report.
3.6 In response to q uestions from Councilman Wells, Ms. Skinner noted that the twelve foot
concrete wall buffer at the site was approved with the special use permit.
3.7 In response to questions from Councilman Hopper, Ms. Whitehead noted that the remaining
commercial development would provide professional office space and possibly some type of low
impact retail. She stated that the plat does not indicate pedestrian connectivity between the
neighboring residential development to the east and the proposed commercial development.
3.8 In response to questions from Councilman Hopper, Mr. Orton indicated that the proposed
access points meet the City's traffic standards. He noted that there is a traffic study being
conducted and the applicant has agreed to abide by the conditions of the study. He stated that
staff supports the placement of the northern access point where it can be shared with the
property to the north.
3.9 MOVED by Dakan, SECONDED by Oates to close the public testimony portion of this hearing.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell Zoning Ordinance No. 1451, as amended
4.2 City of Caldwell Comprehensive Plan, as amended
4.3 Idaho Code, Title 67, Chapter 65, Local Planning Act
V COMPREHENSIVE PLAN ANALYSIS ON PRELIMINARY PLAT
The Caldwell City Council accepted the Comprehensive Plan components as listed below.
5.1 Property Rights -
GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate
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on the use of the property.
SUB-181P-07 (Monarch Commercial Subd. No. 2)Page 8 of IS
ORDER OF DECISION
OBJECTIVE A: To establish a sound basis for land use and environmental regulations
through comprehensive planning and adopted policies and ordinances.
OBJECTIVE B: T o identify potential t akings o f private property prior to a r egulatory or
administrative action on specific property.
OBJECTIVE D: To assure that development pays its fair share by establishing a rational,
equitable basis for calculation the type of any exaction, or the amount of any impact fee.
POLICY 1: Planning and zoning actions may be subject to a regulatory takings analysis
provided in section 67-8003 of the Idaho Code. Staff will follow the Attorney General's
Checklist Criteria outlined in the Idaho Regulatory Taking Act Guidelines prior to initiating 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.
5.2 Economic Development -
GOAL I: To promote economic development initiatives relating to housing, business, jobs,
schools, recreational opportunities, infrastructure systems, public utilities and facilities, and
public services.
GOAL II: To encourage business expansion and labor retention in areas that are most suitable
for commercial development.
GOAL IV: To create neighborhoods where citizens can live, work and play.
OBJECTIVE C: To promote economic development growth that is environmentally
manageable, that will assist in maintaining the City's fiscal stability, and that will reduce the
need for residents to commute out of the City.
OBJECTIVE G: To generate employment opportunities that support local economies and
reduce vehicle miles traveled between home and work.
OBJECTIVE H: To provide commercial uses that meet all of the consumer needs for residents
within the community and thereby reduce vehicle miles traveled and land required for parking.
POLICY 1: Encourage development that generates new job opportunity.
5.3 Land Use -
GOALS:
I. 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.
II. To create a strong sense of community and place.
III. To create communities that are more livable, affordable and ecologically sustainable.
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SUB-181P-07 (Monarch Commercial. Subd. No. 2)Page 9 of 15
ORDER OF DECISION
POLICIES FOR COMMERCIAL/INDUSTRIAL USE:
POLICY 3: Develop landscape standards for new industrial and commercial development so
they will be unobtrusive and compatible with adjacent areas.
5.4 Natural Resources -
GOALS: I. To preserve, protect, and enhance the City's water resources.
II. To preserve and protect the City's potable water source.
III. To improve and maintain water quality.
IV. To use municipal drainage and stormwater infrastructure as a community amenity and
design elements.
OBJECTIVE B: To meet the requirements of local, state and federal water quality and run-off
standards through a variety of practices and facilities.
POLICY 1: Prevent the collection and conveyance of untreated stormwater, created by new
development, into surface bodies of water by requiring developers to comply with local, state
and federal stormwater policies.
POLICY 5: City staff will work with the irrigation districts to preserve the community's water
table at its current level.
POLICY 10: Encourage site-specific stormwater management measures and infiltration
requirements.
5.5 Public Services, Utilities and Facilities -
GOAL I: To ensure that there are adequate public services and infrastructure to meet the
needs of the public.
GOAL II: To optimize the public investment in services and facilities.
OBJECTIVE A: To provide for the orderly expansion of public services to meet the needs of
population growth, and ensure that adequate infrastructure is in place to serve new
development.
OBJECTIVE B: T o coordinate efforts among p ublic agencies in order to provide better
services to the public.
OBJECTIVE C: To maintain adequate levels of public facilities and services that will serve the
diverse needs of the city.
POLICY 1: To assure that the developer provides adequate water supply for fire flow.
POLICY 2: Plan for the expansion of critical public services in advance of population growth.
Include gas, electric, telephone, cable and fiber optic companies in the notification process
when reviewing subdivision proposals.
SiIB-181P-07 (Monarch Commercial Subd. No. 2)Page 10 of 15
ORDER OF DECISION
POLICY 4: Include the irrigation district in the development review process. Protect the City's
domestic water supply by insuring that new development utilizes pressurized irrigation
systems for irrigation, unless the proposed development does not have water rights. Require
written approval from the applicable irrigation district on design and construction plans for
irrigation systems prior to any construction commencing.
POLICY 5: Encourage new development to meet the City's public infrastructure design
standards, and any other applicable public entity's adopted policies.
5.6 Transportation -
GOALS APPLICABLE TO CIRCULATION:
I. To provide for the efficient, safe, and cost-effective movement of people and goods.
II. To protect public safety and the environment.
III. To create communities with more cohesive, interconnected and walkable neighborhoods.
IV. To promote healthy lifestyles.
GOALS APPLICABLE TO FUNCTIONALLY CLASSIFIED ROAD MAP:
I. To develop a road system consistent with regional transportation plans.
II. To protect the integrity of arterial corridors.
OBJECTIVE A: To encourage the adoption of standards for parking and street sections that
strike a balance between safe access, adequate parking, fire safety and support for pedestrian
circulation.
OBJECTIVE B: Strive to develop a system of transportation connectivity that integrates roads,
pathways, and waterways to maximize biking, walking, and recreation pursuits.
POLICY 7: In order to minimize the number of driveway approaches, encourage the
developer to adhere to access management controls when locating along principal and minor
arterial roads.
POLICY 8: Include the Highway Districts in the review process for new developments.
POLICY 12: Encourage and adopt access management standards that meet local, regional,
and interstate needs.
POLICY 14: Preserve roadway corridors as development occurs.
5.7 Community Design -
GOAL: Foster growth in a manner that will enhance and improve the City's visual image.
OBJECTIVE A: To promote, encourage and maintain an aesthetically pleasing city.
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visual image of surrounding areas.
SUB-181P-07 (Monarch Commercial Subd. No. 2)Page 11 of 15
ORDER OF DECISION
OBJECTIVE G: To establish requirements that will assist in mitigating adverse impacts that
occur during on-site construction activities.
POLICY 3: Establish landscape buffer widths between different classifications of use.
POLICY 6: Include the City's forester in the review of all new or expanding developments.
POLICY 8: Ensure that the developer provides or requires on-site restrooms for use by
construction personnel during the entire construction period.
POLICY 9: Establish standards for dust mitigation during the development process.
5.8 Public Safety Component -
GOAL I: To provide for a safe and secure community.
POLICY 4: Coordinate new development with the provision of an adequate level of public
safety services and facilities.
POLICY 5: Access for emergency vehicles and responders should be given a high priority in
the design of new development. Develop new neighborhoods with arterial and collector streets
for co-lateral circulation, proper ingress/egress for emergency vehicles, including secondary
routes, adequate street widths and turning spaces. Allow for built-in, proactive fire systems
automatic fire sprinklers and fire alarms) far building and site design, which do not meet
standard requirements.
POLICY 6: Assure that adequate fighting is installed in all developments.
POLICY 7: Evaluate the design of new development for the long-term impacts on the
operation and enforcement of public safety.
POLICY 8: Consider the use of built-in proactive fire protection systems (automatic fire
sprinklers with fire alarm systems) for all new construction where access is limited and/or
where an adequate response time cannot be met.
POLICY 9: Include emergency service providers, such as police and fire departments and
EMS, in the development review process.
POLICY 11: Ensure that street, parking and driveway designs are adeq uately sized to
accommodate the turning radius of public safety equipment.
VI FINDINGS OF FACT ON PRELIMINARY PLAT
6.1 The Caldwell City Council accepted the facts outlined in the staff report, public testimony and
the evidence list consisting of: signup sheets, written staff report, CC-1000 aerial photo, and
CC-1001 site plan.
VII CONCLUSIONS OF LAW ON PRELIMINARY PLAT
7.1 The Caldwell City Council has the authority to hear this case and order that it be approved or
denied. The public notice reyuii eiileiits were iiilei aiid tiie iieariiig Vva$ Cviidu~tcd vvithin~ the
guidelines of applicable Idaho Code and City ordinances.
SUB-181P-07 (Monarch Commercial Subd. No. 2)Page 12 of 15
ORDER OF DECISION
VIII ORDER OF DECISION ON PRELIMINARY PLAT
8.1 Based on the Findings of Fact and Conclusions of Law, the City Council hereby orders that
Case No. SUB-181 P-07, a request by Northland Properties LLC and Briggs Engineering for
preliminary plat approval of Monarch Commercial Subdivision No. 2, consisting of four (4)
commercial lots and one (1) common lot, is approved with the following conditions:
8.2 Pursuant to Idaho Code 50-1316, no lot shall be offered for sale or sold until the final plat has
been approved and recorded.
8.3 No building permits shall be accepted for processing until the final plat has been approved and
recorded.
8.4 Building permits shall be issued in compliance with Subdivision Ordinance No. 1758, Section
11-02-06, subsection M.
8.5 Preliminary plat approval shall remain valid for 24 months following the signing of the Order of
Decision, as set forth in Section 11-02-04, Subsection (6) C of Subdivision Ordinance No.
1758. Subsequent plat phases shall be approved for 12 month time periods.
8.6 In accordance with the requirements of Section 11-02-04, Subsection 7, Subdivision
Ordinance No. 1758, the Applicant has the option to file an application for final plat approval of
each phase prior to commencing construction of improvements; or, with approval of the City
Engineer, the Applicant may commence construction of improvements of each phase before
requesting final plat approval.
8.7 All requirements placed on the preliminary plat by City Departments and any other agencies
having approval authority shall be met prior to submitting a request for final plat approval, or a
financial guarantee for completion of work shall be submitted in compliance with Section 11-
02-04, Subsection 7, Subdivision Ordinance No. 2558.
8.8 On the face of the subdivision final plat a note will be placed that states that the development
will conform to Idaho Code 22-4503, Right to Farm Act.
8.9 The Owner will maintain the property in keeping with the City's nuisance abatement program
until such time as the development is complete. This maintenance will include the semi-annual
mowing of all weeds within the subdivision boundaries and the removal of noxious weeds
when they are identified. The developer will apply all appropriate dust abatement processes as
part of this development's construction.
8.10 The development is to include anon-potable water pressure irrigation system. The design of
this pressure irrigation system is to be reviewed and approved by the Government Irrigation
Provider and a letter obtained indicating their approval of the design. This letter of design
approval must be completed and submitted t o the City before f inaf plat approval. This
requirement presumes that the system will be operated and maintained by the Government
Irrigation Provider.
8.11 The Applicant shall demonstrate to City's satisfaction that the strategy for developing the
subdivision is in keeping with the City's standards as they may be applied to location of
driveway entrances, pedestrian crosswalk placements, posting of appropriate signage, sight
distance factors, onsite parking, internal traffic circulation, loading and unloading of school
SLUde(It5 Vla UUJ alld pcljJellyel vellil.ieJ, gi.ieiiing pattcriii8, SidcVvaik piBCcii cnt aiid
construction, peak hour traffic and other traffic related issues.
SUB-181P-07 (Monarch Commercial. Subd. No. 2)Page 13 of 15
ORDER OF DECISION
8.12 The Applicant shall dedicate required right of way along Middleton Road to meet the
recommended standard width requirements, as noted under Section 2.6.4 of this staff report.
8.13 All street, sewer, water, fire protection, and street light facilities must be dedicated to the City.
Some conveyance facilities for stormwater drainage may be eligible for dedication to the City.
8.14 A note shall be placed on the final plat indicating that all areas designated as common lots are
to be owned, operated and maintained by the business owners association.
8.15 In accordance with City Code, street side improvements are required in any public right-of-way
adjacent to the subject property. Improvements are to include curb and gutter, sidewalk,
paving, streetlights (if not already present) and sewer and water mains.
8.16 Upon recordation of the plat, the Engineering Department is to be provided with a reproducible
Mylar copy of said document, suitable for blue line reproduction.
8.17 The Applicant shall develop the property in keeping with the landscaping ordinance and tree
ordinance.
8.18 The Applicant shall post and maintain a "Rules and Regulations" sign at the entryways to the
Property until it is fully developed. The signs would be intended for subcontractors performing
work and should include: 1) no dogs; 2) no loud music; 3) no alcohol or drugs; 4) no abusive
language; 5) dispose of personal trash and site debris; 6) clean up any mud and/or dirt that is
deposited from the construction parcel onto streets; 7) installation of a temporary construction
fence t hat would -keep debt is f tom being blown off site by the wind; 8) no burning of
construction or other debris on the Property.
8.19 If the Applicant abandons any Property water rights, rather than abandonment, it is understood
that these rights would transfer to the City of Caldwell. If this should occur, Caldwell shall be
responsible for registering the transfer with the applicable irrigation district.
8.20 All engineering requirements and comments shall be met including but not limited to all items
listed under Section 2.6.4 of this staff report.
8.21 The Applicant agrees that any sign erected at the site shall be in accordance with Section 10-
02-06 of Zoning Ordinance No. 1451; sign permits shall be acquired prior to sign installation.
8.22 The Applicant shall design the property lighting so that it does not illuminate the adjoining
properties.
8.23 The Applicant agrees to participate in any Development Master Plan designed for the area in
which the property is located in accordance with the provisions of Caldwell Subdivision
Ordinance No. 1758, Article 2, Section 11-02-03(C).
8.24 During the design phase of this project, the Applicant or his/her engineer is to contact the
appropriate Drainage and Irrigation Districts to ascertain all existing upstream drainage rights
and downstream irrigation rights that need to be maintained across the property. Appropriate
facilities shall be provided to convey irrigation and drainage water across the properties to take
care of these offsite needs. The homeowner's association, irrigation district or other private
entity, may own the facilities. There is to be no discharge of irrigation return water into the
subdivision storm water system. A letter is to be obtained from Pioneer indicating their
concurrence with the design and facilities that preserve these existing rights.
SUB-181P-07 (Monarch Commercial Subd. No. 2)Page 14 of 15
ORDER OF DECISION
8.25 The Applicant shall extend sewer to the property in accordance with the area's Sewer Master
Plan.
8.26 The Applicant shall extend water lines to the property as well as along its frontages.
8.27 All APO-1 zone requirements shall be met.
8.28 The Applicant agrees to comply with the City's Stormwater Management Policy. All runoff from
impervious surfaces must be retained onsite or detained and treated prior to off site discharge.
CASE NO. SUB-181 P-07 WAS HEARD BY THE MAYOR AND CITY COUNCIL AT A PUBLIC
HEARING HELD OCTOBER 1, 2007.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DECISION WERE
APPROVED BY CITY COUNCIL MEMBERS AND SIGNED BY MAYOR NANCOLAS AT A
REGULARLY SCHEDULED MEETING HELD OCTOBER 15, 2007.
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SUB-181P-07 (Monarch Commercial Subd. No. 2)Page 15 of 15
ORDER OF DECISION