HomeMy WebLinkAboutBelardi Crossing HE FCO (2)CITY OF CALDWELL CASE NO: SUB23-000007 Belardi Crossing FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
BEFORE THE CALDWELL HEARING EXAMINER
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT TO BUILD TEN
(10) NEW LOTS AND CONSTRUCT TEN (10)
NEW SINGLE-FAMILY HOMES.
Property Owner: Advocates Against Family Violence, Inc.
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF
RECOMMENDATION
Case No. SUB23-000007
This matter came before the Caldwell Hearing Examiner (Examiner) for hearing and consideration
on the 28th day of June, 2023, upon a request filed by applicant AutumnGold Senior Services, Inc.
(“Applicant”), on behalf of Advocates Against Family Violence, Inc., 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 10-02-02 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 11-02-01 Subdivisions
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
CITY OF CALDWELL CASE NO: SUB23-000007 Belardi Crossing FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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
Examiner 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 Preliminary Plat for Belardi Crossing Subdivision in an T-N
(Traditional Neighborhood) zone approximately 1.07 acres on Parcels R35091011B0, located in the 22-
4N-3W SE TX 18752 IN E 1/2 SE the Examiner received and reviewed the record and finds and concludes
the following:
A neighborhood meeting was held by the applicant on January 26, 2023, in compliance with
Chapter 10 Article 3 Section 12 of Caldwell City Code.
A public hearing on the requested Preliminary Plat was held before the Examiner on June 28, 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 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 Examiner
made a RECOMMENDATION TO THE CITY COUNCIL FOR APPROVAL of the request for a
Preliminary Plat, subject to the conditions herein; and
In approving the request for a Preliminary Plat, the Examiner concluded the following:
The application decision process has complied with the public notice and hearing requirements of
Idaho Code and Caldwell City Codes; and
PRELIMINARY PLAT
1. The Examiner 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;
CITY OF CALDWELL CASE NO: SUB23-000007 Belardi Crossing FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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.
III
CONDITIONS OF APPROVAL
The recommendation for approval of the application requests for (SUB23-000007), 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. 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.
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. In addition, all other conditions as listed in Attachment C
must be met.
6. Comply with all requirements of the City Engineering Department as specified in their memo dated
3rd day of April, 2023 and shown in Attachment B.
7. Comply with all requirements of the City Mapping Department as specified in their memo dated 3rd day of April, 2023 and shown in Attachment D.
8. 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.
9. The setbacks, lot coverage, and building height requirements shall adhere to the City Code at time
of development.
10. 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
CITY OF CALDWELL CASE NO: SUB23-000007 Belardi Crossing FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
requirements approved through a planned unit development, special use permit and/or
development agreement.
11. 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.
12. 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.
13. Phased Subdivisions: The subdivider may file and obtain acceptance of successive final plats for
continuous segments of the approved preliminary plat without reapplication for preliminary plat
approval, provided that final plats are recorded in successive intervals of not more than one year
each, as measured from the date of signature on the approving order of decision for the
preliminary plat, and provided that "city code", as herein defined, and any subsequent
amendments as adopted by the city before, during or after preliminary plat approval, is followed
in all design, engineering plans, construction and final plats for all phases, with the exception of
lot sizes, lot dimensions, setbacks, number of lots and any exceptions approved at the time of
preliminary platting, which shall remain as indicated in the preliminary plat order of decision
and/or development agreement.
14. 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 submitted to the
City for review and approval prior to development.
15. Approved Subdivision Name. No changes to an approved subdivision name on a preliminary
plat shall occur unless a request is initiated through the filing of a Subdivision Name Change
Request Application for administrative staff level review and approval. If approved, preliminary
plat drawings will need to be amended and submitted to the Planning and Zoning Department
with the reflected subdivision name change prior to the acceptance and/or approval of
construction drawings. All construction drawings and final plats shall reflect the new approved
subdivision name. Upon recordation of the final plat, all recorded subdivisions shall be known
and referred to by the city approved subdivision name, in all permanent or temporary signage
physically located on or near the location of the subdivision, and on all deeds and legal
CITY OF CALDWELL CASE NO: SUB23-000007 Belardi Crossing FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
documents. This requirement shall continue through the development of each phase of the
subdivision and shall survive completion of the subdivision unless a request is initiated through
the filing of a Subdivision Name Change Request Application for administrative staff level
review and approval. If approved, an amended final plat drawing in compliance with 11-02-02
(2) will be required. A variation in the subdivision name required by this chapter may be
permitted for parcels within the subdivision that are being developed solely for commercial or
multi-family commercial apartments, as approved by the city, and may be designed and
constructed as their own separate phases which do not have to follow the subdivision phasing
sequencing required by 11-02-03 (1) (G). Owners and developers acting in violation of this
requirement shall subject to the administrative citation process outlined in Section 10-03-13 of
this Code.
16. 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.
17. 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 submitted to the City for review and
approval prior to construction of such.
18. 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.
19. The applicant shall comply with all landscaping requirements based on Caldwell City Code,
Chapter 10, Article 7.
CITY OF CALDWELL CASE NO: SUB23-000007 Belardi Crossing FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
20. Landscape Maintenance: All landscaping and screening devices shall be maintained in an
attractive, live, safe and healthy manner.
21. Proposed fencing must comply with Caldwell City Code Section 10-02-07.
22. This approval is for this application only. Additional permits, licenses and approvals may be
necessary.
23. The property owner is responsible for the maintenance of all landscaping and screening devices
required.
24. 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.
25. 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
26. The applicant shall submit updated plans that show E. Elgin St., per the City of Caldwell’s Mapping
Department, prior to going to City Council.
IV
ORDER OF RECOMMENDATION
The 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 Preliminary Plat for Belardi Crossing Subdivision in an T-N (Traditional
Neighborhood) zone approximately 1.07 acres on Parcels R35091011B0, located in the 22-4N-3W SE TX
18752 IN E 1/2 SE, is RECOMMENDED FOR APPROVAL, SUBJECT TO THE CONDITIONS
OF APPROVAL LISTED HEREIN.
_____________________________________ __________________
Hearing Examiner Date
ATTEST:
______________________
Director
CITY OF CALDWELL CASE NO: SUB23-000007 Belardi Crossing FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment A
Site Plans, Plats, Elevations, and Landscape Plans
Documents will be
inserted into the
FINAL FCO version
prepared for signature
CITY OF CALDWELL CASE NO: SUB23-000007 Belardi Crossing FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment B
Engineering Comments and Conditions of Approval
CITY OF CALDWELL CASE NO: SUB23-000007 Belardi Crossing FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment C
City of Caldwell Fire Department Comments and Conditions of Approval
CITY OF CALDWELL CASE NO: SUB23-000007 Belardi Crossing FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 – Attachment D
City of Caldwell Mapping Comments and Conditions of Approval