HomeMy WebLinkAboutKahari Apartments FCO - Joe CommentsBEFORE THE CALDWELL HEARING EXAMINER
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A SPECIAL USE PERMIT FOR A MULTI-FAMILY DEVELOPMENT IN EXCESS OF 25 FEET IN HEIGHT ADJACENT TO SINGLE FAMILY RESIDENTIAL DEVELOPMENT. THE KAHARI APARTMENTS ARE PROPOSED TO CONSIST
OF FOUR 3-STORY MULTIFAMILY BUILDINGS, EACH CONTAINING 12 UNITS, FOR A TOTAL OF 48 UNITS.
Property Owner: Auston Cox And Steve Satterlee
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER
Case No. SUP23-000010
This matter came before the Caldwell Hearing Examiner for hearing and consideration on the 13th day of September, 2023, upon a request filed by the applicant, the City of Caldwell (“Applicant”),
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
10-02-03
Height, Setback, and Area Schedule
Caldwell City Code
10-03-03
Amendment and Reclassification
Caldwell City Code
10-03-12
Neighborhood Meeting
Idaho Code
Title 67, Chapter 65
Local Land Use Planning
City of Caldwell
2040 Comprehensive Plan
Treasure Valley
Tree Selection Guide
City of Caldwell
2040 Bicycle and Pedestrian Master Plan
Commission 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 special use permit on parcel R3492000000 (approx. 2.4 acres), with a Special Use Permit for Kahari apartments located in a portion of 15-4N-3W SE TX 20-E IN
SWSESE, the Hearing Examiner received and reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on May 17, 2023, in compliance with Chapter 10 Article 3 Section 12 of Caldwell City Code.
A public hearing on the requested Special Use Permit was held before the Hearing Examiner on August 23, 2023 continued to September 13, 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 Hearing Examiner. 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 Hearing Examiner APPROVED of the request for Special Use Permit of parcel R3492000000 (approx.
2.4 acres), subject to the conditions herein; and
The application decision process has complied with the public notice and hearing requirements of Idaho Code and Caldwell City Codes; and
SPECIAL USE PERMIT APPROVAL CRITERIA
The Examiner has the authority to approve or deny the application;
The proposed use would not or will not cause any damage, hazard, nuisance or other detriment to persons or properties in the vicinity;
The proposed use is conditionally permitted by the City of Caldwell ordinances;
The proposed use in not in conflict with the comprehensive plan;
The proposed use does not impact the ability of political subdivisions, including school districts, to provide services for the proposed use; and
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 (SUP23-000010), is subject to the adherence with the following conditions.
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.
Any nuisances existing on the property (weeds, trash, debris, etc) shall be resolved and in compliance with city codes prior to the approval of any construction drawings and/or issuance
of building permits.
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.
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.
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. In addition, all other conditions as listed in Attachment C must be met.
Comply with all requirements of the City Engineering Department as specified in their memo in Attachment B.
The development shall utilize cluster mailboxes for delivery of mail. Individual mailboxes shall not be allowed. A cluster mailbox placement plan shall be submitted to the Planning
and Zoning department showing coordination with the United States Postal Services prior to submitting the construction drawings.
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.
Concept Site Plan. The Concept Site Plan (Exhibit 1, Attachment A) represents the Owner’s current concept for completion of the Project. As the Concept Site Plan evolves, the City understands
and agrees that certain changes in that concept may occur or be required. If the City determines that any such changes require additional public comment due to potential impacts on
surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan and notice shall be provided as may be required by the City. The Owner
understands and agrees that any changes or modifications to the site plan must be submitted to the
City for review and approval prior to development.
Approved Street Names, Street Layout, Lot and Block Numbering, and Subdivision Phasing Plan. No changes to the approved street names, street layout and configuration, lot and block
numbering, or subdivision phasing plan shall occur without prior approval from the City of Caldwell Mapping Division. Any substantial changes from what was originally approved may
require additional public hearings.
Building Elevations. The Building Elevations (Exhibit 1, Attachment A) represents the Owner’s current concept for the style of architecture, architectural features, colors, finishes
and materials, and surrounding landscaping for the project. As the building design evolves, the City understands and agrees that certain changes in that concept may occur or be required.
If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, or that such change is a substantial
enough change from the elevations presented to the public, a public hearing shall be held on the proposed changes and notice shall be provided as may be required by the City. The Owner
understands and agrees that any changes or modifications to the building elevations must be submitted to the City for review and approval prior to construction of such.
Landscape Plan. The Landscape Plan (Exhibit 1, Attachment A) represents the Owner’s current concept for all existing and proposed landscape street buffers, buffers between land uses,
open space, parking lot landscaping, landscape planters, existing and proposed trees, shrubs and plantings, micro and major pathways, landscape strips, public amenities, structures
and equipment proposed for recreational use, common lots, common easements, school bus stop areas, irrigation system and water source, and all other landscape improvements including,
but not limited to, earth berms, walls, trash enclosures, specialty lighting, required or proposed fences. The Owner understands and agrees that any changes or modifications to the
landscape plan must submitted to the City for review and approval prior to installation. The City understands and agrees that certain changes in that concept may occur or be required.
If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, or that such change is a substantial
enough change from the landscape plan presented to the public, a public hearing shall be held on the proposed changes and notice shall be provided as may be required by the City.
The applicant shall comply with all landscaping requirements based on Caldwell City Code, Chapter 10, Article 7.
Landscape Maintenance: All landscaping and screening devices shall be maintained in an attractive, live, safe and healthy manner.
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.
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.
Proposed fencing must comply with Caldwell City Code Section 10-02-07.
This approval is for this application only. Additional permits, licenses and approvals may be necessary.
The property owner is responsible for the maintenance of all landscaping and screening devices required.
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.
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:
Evergreen trees
6 to 7 foot height minimum
Ornamental trees
2 inch caliper minimum
Shade trees
2 inch caliper minimum
Woody shrubs
2 gallon pot minimum
IV
ORDER OF DECISION
The Hearing Examiner, based upon the testimony and evidence in record in this matter and upon findings of fact and conclusions of law set forth herein DOES HEREBY DETERMINE AND DECIDE
AS FOLLOWS: the request for a special use permit on parcel R3492000000 (approx. 2.4 acres), with a Special Use Permit for Kahari apartments located in a portion of 15-4N-3W SE TX 20-E
IN SWSESE, is APPROVED, SUBJECT TO THE CONDITIONS OF APPROVAL LISTED HEREIN.
These Findings of Fact, Conclusions of Law and Order are approved and adopted by the Caldwell Hearing Examiner on this 13th day of September 2023.
_____________________________________ __________________
Hearing Examiner Date
ATTEST:
______________________
Director
Exhibit 1 - Attachment A
Site Plan, Landscape Plan, Elevations
Exhibit 1 – Attachment B
Engineering Memorandum
Exhibit 1 – Attachment C
Fire Comments