HomeMy WebLinkAboutFaith Landing_CC_FCOs_Final_2023-6-29BEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A REZONE FROM H-C (HIGHWAY
CORRIDOR) TO R-3 (HIGH DENSITY
RESIDENTIAL) OF PARCELS R01523107A0,
R0152310700, R0152310800, R0152311000,
R0152311200, R0152311100, R0152311300,
R0152311400, R0152311700, R0152311800, R0152311900, R0152312000, R0152312100,
R0152312200, R0152312300, R0152312400,
R0152312500, R0152312600, R0152312900,
R0152312800, R0152312700, R0152313000,
R0152313100, R0152313400, R0152313300, R0152313200, R0152313500, R0152313600,
R0152313800, R0152313700, R0152313900,
R0152314000, R0152314100, R0152314200,
R0152314300, R0152314400, R0152314500,
R0152314600, R0152314700, R0152314800,
R0152315000, R0152314900, R0152315100,
R0152315200, R0152316300, R0152316200,
R0152316400, R0152316500, R0152316700,
R0152316600, R0152316800, R0152316900,
R0152315900, R0152316000, R0152316100,
R0152315800, R0152315700, R0152315400,
R0152315600, R0152315300, R0152315500, R0152317000, R0152317200, R0152317100,
R0152317300, R0152317500, R0152317400,
R0152317600, R0152317700, R0152317900,
R0152317800, AND R0152318000, ALONG WITH
A SPECIAL USE PERMIT TO ALLOW FOR 4-
PLEXES AND 8-PLEXES IN THE R-3 ZONE,
AND AN APPLICATION FOR A SHORT PLAT
TO PLAT 0.56 ACRES OF A COMMON LOT TO
BECOME A BUILDABLE LOT, WITH THE
REMAINDER TO STAY A COMMON LOT.
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No.: SUB23-000008, ZON23-000001,
Associated Case No: SUP23-000003
Property Owner: Avest Limited Partnership
This matter came before the Caldwell City Council (“Council”) for hearing and consideration on
the 20th day of June, 2023, upon a request filed by applicant Stephanie Hopkins (“Applicant”), on behalf of
Avest Limited Partnership (“Owner”), pursuant to all applicable Caldwell City Codes and Idaho Codes.
The Caldwell Zoning Ordinance (Ord. 1451, 12-13-1977) and the Idaho Land Use Planning Act
were used in evaluating the applications. The following standards applied to the subject application
proposals:
Code Code Callout Title
Caldwell City Code 10-01-02 Authority and Purpose
Caldwell City Code 10-01-03 Zoning Districts Purpose Statements
Caldwell City Code 10-02-01 General Regulations
Caldwell City Code 10-03-04 Special Use Permit
Caldwell City Code Chapter 11 Subdivisions
Caldwell City Code 10-02-02 Land Use Schedule
Caldwell City Code 10-02-03 Height, Setback, and Area Schedule
Caldwell City Code 10-02-05 Parking, Loading, and Pedestrian Amenity Standards
Caldwell City Code 10-03-03 Amendment and Reclassification
Caldwell City Code 10-03-12 Neighborhood Meeting
Caldwell City Code Chapter 10, Article 7 Caldwell Landscaping Ordinance
Caldwell City Code 10-01-01 Traffic Impact Study Requirements
Idaho Code Title 67, Chapter 65 Local Land Use Planning
City of Caldwell 2040 Comprehensive Plan
Treasure Valley Tree Selection Guide
Council having heard and taken oral and written testimony, and having duly considered the matter,
hereby makes the following findings, conclusions of law and decision on this matter.
I
RECORD
The record includes, but is not limited to all public testimony, evidence, staff reports,
presentations, exhibits, findings, minutes of the hearing(s); and all applications, plans, and documents
within the official case files.
II
FINDINGS OF FACT, CONCLUSIONS OF LAW
Regarding the request for a Rezone, a Preliminary/Final Plat, and a Special Use Permit R-3 (High
Density Residential) zone approximately 23 acres on Parcels R01523107A0, R0152310700, R0152310800,
R0152311000, R0152311200, R0152311100, R0152311300, R0152311400, R0152311700, R0152311800,
R0152311900, R0152312000, R0152312100, R0152312200, R0152312300, R0152312400, R0152312500,
R0152312600, R0152312900, R0152312800, R0152312700, R0152313000, R0152313100, R0152313400,
R0152313300, R0152313200, R0152313500, R0152313600, R0152313800, R0152313700, R0152313900,
R0152314000, R0152314100, R0152314200, R0152314300, R0152314400, R0152314500, R0152314600,
R0152314700, R0152314800, R0152315000, R0152314900, R0152315100, R0152315200, R0152316300,
R0152316200, R0152316400, R0152316500, R0152316700, R0152316600, R0152316800, R0152316900,
R0152315900, R0152316000, R0152316100, R0152315800, R0152315700, R0152315400, R0152315600,
R0152315300, R0152315500, R0152317000, R0152317200, R0152317100, R0152317300, R0152317500,
R0152317400, R0152317600, R0152317700, R0152317900, R0152317800, and R0152318000, located in the SE
1/4 of Section 15, T4N, R3W, BM, the City Council received and reviewed the record and finds and
concludes the following:
A neighborhood meeting was held by the applicant on March 1, 2023, in compliance with Chapter
10 Article 3 Section 12 of Caldwell City Code.
A public hearing on the requested a Rezone, a Preliminary/Final Plat, and a Special Use Permit
were held before the Commission on May 24, 2023, at which time city staff presented a staff report along
with an analysis of the application and all pertinent information on the case to the Commission. The
applicant then presented the requests; and oral testimony in opposition, neutral, and in favor were taken and
made a part of the permanent record.
Based upon the testimony, information received, and record of evidence presented, the Commission
made a RECOMMENDATION TO THE CITY COUNCIL FOR APPROVAL of the request for a
Rezone, and Short Plat, and the Commission APPROVED the request for a Special Use Permit (see
Attachment B), subject to the conditions herein; and
A public hearing on the Rezone and Short Plat requests were held before the City Council on June
20, 2023, at which time city staff presented a staff report along with an analysis of the application and all
pertinent information on the case. The applicant then presented their requests; and oral testimony in
opposition, neutral, and in favor were taken and made a part of the permanent record of evidence.
Based upon the testimony, information received, the record of evidence presented, and
consideration of the recommendation from the Commission, the City Council voted to APPROVE the
request for a Rezone and a Short Plat, subject to the conditions herein. In approving the requests, the City
Council concluded the following:
The application approval process has complied with the public notice and hearing requirements of
Idaho Code and Caldwell City Code; and
ZONING MAP AMENDMENT
1. The Commission has the authority to recommend approval or denial of the application; 2. The proposed map amendment is in compliance with the adopted comprehensive plan; and 3. The proposed map amendment meets the required approval criteria and standards as set forth in Caldwell City Codes. PRELIMINARY PLAT
1. The Commission has the authority to recommend approval or denial of the application;
2. The plat is in compliance with "city code";
3. The plat is consistent with the city comprehensive plan;
4. Public services and utilities are available or can be made available and are adequate to accommodate
the proposed subdivision;
5. The plat is consistent with the city transportation master plan;
6. The subdivision preserves natural, scenic or historic features, if applicable; and
7. The proposed preliminary plat meets the required approval criteria and standards as set forth in
Caldwell City Codes.
FINAL PLAT
Caldwell City Code Section 11-02-03 (2) D outlines the Conclusions of Law for approving a final plat. Before the council approves a final plat, the council must find and conclude the following:
1. Final plat is compliant with city codes.
2. Final plat is compliant with the approved preliminary plat.
SPECIAL USE PERMIT
1. The Commission has the authority to approve or deny the application;
2. The proposed use would not or will not cause any damage, hazard, nuisance or other detriment to persons or properties in the vicinity;
3. The proposed use is conditionally permitted by the City of Caldwell ordinances;
4. The proposed use in not in conflict with the comprehensive plan;
5. The proposed use does not impact the ability of political subdivisions, including school districts, to provide services for the proposed use; and
6. The proposed special use meets the required approval criteria and standards as set forth in Caldwell
City Codes.
III
CONDITIONS OF APPROVAL
The approval of the application requests for (SUB23-000008, and ZON23-000001), are subject to
the adherence with the following conditions.
1. Development of the subject property shall be consistent with all requirements, codes, policies,
standards, and regulations of the City of Caldwell, unless specifically stated otherwise in the
development agreement or in the Order of Decision.
2. If this rezone is a result of a request by a property owner based upon a valid, existing comprehensive
plan and zoning ordinance, the governing board shall not subsequently reverse its action or
otherwise change the zoning classification of said property without the consent in writing of the
current property owner for a period of four (4) years from the date the governing board adopted
said individual property owner’s request for a zoning classification change.
3. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
4. All improvements and operations shall comply with applicable local, state and federal requirements
and procedures whether specifically addressed in the analysis of this application or not.
5. All requirements from the Fire Department for access, turnarounds, emergency access, water
supply, fire hydrants, etc. shall be met in the development and/or platting of the subject property.
Final approval of the location and number of fire hydrants within the development shall be
determined by the Fire Marshal and take place by phase at the time of submittal of applicable
construction drawings for each phase.
6. The setbacks, lot coverage, and building height requirements shall be as follows:
Front 20 – feet
Rear 15 – feet
Interior 6 – feet
Maximum building height 45 – feet (25’ if adjacent to single family)
7. All new construction shall comply with the current height, setback, and area schedule in effect at
the time the building permit is filed, excluding setbacks, height, and/or area schedule
requirements approved through a planned unit development, special use permit and/or
development agreement.
8. Subdivision Construction Signage: At the time of development a "rules and regulations" sign
shall be posted and maintained at the entryways to the project until it is fully developed and build
out is complete. The signs would be intended for subcontractors performing work and should
include: a) no dogs; b) no loud music; c) no alcohol or drugs; d) no abusive language; e) disposal
of personal trash and site debris; f) daily cleanup of any mud and/or dirt that is deposited from the
construction parcel onto streets; g) installation of a temporary construction fence that would keep
debris from being blown off site by the wind; h) no burning of construction or other debris on the
property.
9. Preliminary Plat Expiration: Preliminary plat approval is valid for twenty-four (24) months from
the date of signature on the approving order of decision, meaning a final plat must be recorded
within twenty-four (24) months of the date of signature on the approving order of decision for the
preliminary plat.
10. Concept Site Plan. The Concept Site Plan ((Exhibit 1, Attachment A) represents the Owner’s
initial concept for completion of the Project. A scaled and dimensioned site plan shall be provided
with the building permit submittal for review by the Planning and Zoning Department.
11. Building Elevations. Building elevations shall be submitted with the building permit submittal for
review by the Planning and Zoning Department.
12. Landscape Plan. Landscaped plans in accordance with Caldwell City Code shall be submitted as
part of the building permit submittal for review by the Planning and Zoning Department.
13. The applicant shall comply with all landscaping requirements based on Caldwell City Code,
Chapter 10, Article 7 at time of building permit submission.
14. Landscape Maintenance: All landscaping and screening devices shall be maintained in an
attractive, live, safe and healthy manner.
15. Parking Lot Landscaping: Linear grouping of parking spaces shall not exceed twelve (12) in a
row, without the installation of an interior landscape planter island. Landscape planter islands
shall contain a minimum of sixty (60) square feet of area when serving a single row of parking.
Landscape planter islands shall contain a minimum of one hundred twenty (120) square feet of
area when accommodating a double row of parking spaces. Islands shall contain a minimum of
one Class 1 or 2 tree and shall be covered with a combination of low shrubs, lawn or other
vegetative or nonvegetative ground cover if wet landscaping is utilized. If dry landscaping is
utilized, the island shall be covered with rock ground cover and a minimum of one boulder and
there shall be no requirement for vegetation. Class 3 trees are prohibited in the interior planter
islands. This will be verified during the building permit review by the Planning and Zoning
Department.
16. SUP Expiration: Within twelve (12) months of the date of signature of the order of decision
showing approval of the special use permit, the applicable permit/certificate application shall be
submitted for the approved special use. If the applicable permit/certificate application is not
submitted within the required time frame, the special use permit approval shall become null and
void and another special use permit approval will need to be received. Within twenty-four (24)
months of the submittal of the applicable permit/certificate application, the certificate of
occupancy (not temporary) or other applicable certificate, shall be obtained. If the permanent
certificate of occupancy or other applicable certificate is not obtained within the required time
frame, the special use permit approval shall become null and void and another special use permit
approval will need to be received.
17. Proposed fencing must comply with Caldwell City Code Section 10-02-07.
18. This approval is for this application only. Additional permits, licenses and approvals may be
necessary.
19. The property owner is responsible for the maintenance of all landscaping and screening devices
required.
20. If any term or provision of this decision, to any extent, is held invalid or unenforceable, the
remaining terms and provisions hereof shall not be affected thereby, but each such remaining term
and provision shall be valid and enforced to the fullest extent permitted by law.
21. The street landscape buffers shall contain a mixture of trees (deciduous and evergreen), shrubs,
lawn, vegetative and non-vegetative ground cover so that the entire buffer area is covered. A
minimum of seventy percent (70%) of the buffer area shall be covered with a turf-type grass. For
new plantings, grass sod installation is required. Seeding, hydro-seeding, or similar methods shall
not be allowed and the plant sizes shall meet or exceed the minimum plant sizes as set forth in
§10-07-04 (6) as follows:
Exhibit 1 - Attachment A
Site Plans, Plats, Elevations, and Landscape Plans
Faith Landing SUB23-000008, ZON23-000001, SUP23-000003
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Faith Landing SUB23-000008, ZON23-000001, SUP23-000003
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VIcinity Map
43°37'12.47" N 116°37'10.56" W
Scale: 1 inch approx 200 feet
Sep 30, 2022 - landproDATA.com The materials available at this website are for informational
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Exhibit 1 - Attachment B
Approved Planning & Zoning Commission Findings of Facts, Conclusions of Law, and Recommendation / Order