HomeMy WebLinkAboutFCOs Monument ValleyBEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION FOR A PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT IN AN R-3 (HIGH DENSITY RESIDENTIAL) ZONE ON APPROXIMATELY 4.55 ACRES IN THE SE 1/4 of Section 15,
T4N, R3W, BM, ALSO REFERENCED AS PARCELS R34916, R34917, AND R34918
Property Owner: Unger Enterprises, LLC
)
)
)
)
)
)
)
)
)
)
)
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. PUD22-000006
Associated Case No. SUB22-000034
This matter came before the Caldwell City Council (“Council”) for hearing and consideration on the 4th day of April, 2023, upon a request filed by applicant Unger Enterprises, LLC (“Applicant”),
on behalf of Meadowdale Investments, LLC, 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
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
City of Caldwell
2040 Bicycle and Pedestrian Master Plan
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 Planned Unit Development and Preliminary Plat in an R-3 (High Density Residential) zone approximately 4.55 acres on Parcels R34916, R34917, and R34918, 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 July 1, 2022, in compliance with Chapter 10 Article 3 Section 12 of Caldwell City Code.
A public hearing on the requested Planned Unit Development and Preliminary Plat were held before the Hearing Examiner on November 9, 2022, 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 made RECOMMENDATION TO THE CITY COUNCIL FOR APPROVAL of the request for a Planned
Unit Development and Preliminary Plat, subject to the conditions herein; and
A public hearing on the Planned Unit Development and Preliminary Plat requests were held before the City Council on April 4, 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 City Council. 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 of evidence.
Based upon the testimony, information received, the record of evidence presented, and consideration of the recommendation from the Hearing Examiner, the City Council voted to APPROVE
the request for a Planned Unit Development and Preliminary Plat, subject to the conditions herein. In approving the request for a Planned Unit Development and Preliminary Plat, 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
Planned Unit Development
The proposed planned unit development is consistent with the following instances:
The development offers a maximum choice of living environments by allowing a variety of housing and building types.
The development provides a layout which preserves and properly utilizes natural topography and geologic features, trees, scenic vistas or other vegetation.
Where a land parcel is constrained or otherwise limited by some obstacle, feature, geometry, condition, or easement that interferes with applying standard development processes
The development encourages infill development that contributes a compatible design to the existing neighborhood.
Preliminary Plat
The proposed preliminary plat is consistent with the following:
The plat is in compliance with "city code" as herein defined.
The plat is consistent with the city comprehensive plan.
Public services and utilities are available and are adequate to accommodate the proposed subdivision.
The plat is consistent with the city transportation master plan.
III
CONDITIONS OF APPROVAL
The approval of the application requests for (PUD22-000006 and SUB22-000034), are 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.
Comply with all applicable city codes, ordinances, policies, and standards.
The development, design, and construction of Monument Valley Townhomes shall be in substantial compliance with the submitted preliminary plat of Case File: PUD22-000006/SUB22-000034
Case File (Attachment A attached hereto). Any substantial deviations, as determined by the Planning & Zoning Director, from said Case File (Attachment A) shall require City Council
approval through a public hearing.
The development shall comply with the requirements of the City Engineering Department as listed in Case File (Attachment B attached hereto) or as amended. The City Engineer has the discretion
to reduce or eliminate certain requirements stated in (Attachment B) that he finds pertinent to the request.
The development, design, and construction of Monument Valley Townhomes shall be in substantial compliance with the submitted landscape plan of Case File: PUD22-000006/SUB22-000034 as
amended to meet ordinance requirements (Attachment A attached hereto). Any substantial deviations, as determined by the Planning & Zoning Director, from said (Attachment A) shall require
City Council approval through a public hearing.
Install a minimum 20-foot wide landscape buffer along N Illinois Ave, a classified Minor Arterial outside of the dedicated public rights of way. The landscape buffer shall contain 1
Class II tree/35 feet of frontage and 7 shrubs/35 feet of frontage and shall contain grass and other vegetative ground cover so that the entire buffer area is covered. The developer/HOA
shall be responsible for installation and maintenance of landscaping to the back of curb in the rights of way.
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
gallon pot minimum
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 first final plat.
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.
The applicant shall post and maintain a “Rules and Regulations” sign at the entryways to the residential subdivision 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 that would keep debris from being blown off site by the wind; 8)
no burning of construction or other debris on the Property.
Developer shall solicit a letter indicating the maintenance and safety schedule for the Notus Canal from Golden Gate Irrigation District and submit such letter to the City Planning and
Zoning Department.
Developer shall construct a 6’ high sight obscuring vinyl or wood fence along the entire length of the south property line, separating the townhome development from the adjacent single-family
parcels (1000 N Illinois Avenue and 1004 N Illinois Avenue)
Building (s) adjacent to the property owned by David Witt (R3491900000), and building(s) located on lots 13, 15 and 16 shall be at a maximum height not to exceed 25’.
IV
ORDER OF DECISION
The Council, 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 Planned Unit Development (PUD22-000006) and Preliminary Plat (SUB22-000034) on approximately 4.55 acres (Parcel R34916, R34917, and R34918) located in the SE 1/4
of Section 15, T4N, R3W, BM is APPROVED SUBJECT TO THE CONDITIONS OF APPROVAL LISTED HEREIN.
These Findings of Fact, Conclusions of Law and Decision are approved and adopted by the Caldwell City Council on this 4th day of April 2023
_____________________________________ ___________________
Mayor Jarom Wagoner Date
ATTEST:
_______________________
City Clerk
Attachment A
Attachment B