HomeMy WebLinkAboutFCOs Monument Valley (2)CITY OF CALDWELL CASE NO: PUD22-000006 and SUB22-000034 Page 1 of 7
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER EXHIBIT 1
BEFORE 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
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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
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER EXHIBIT 1
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:
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER EXHIBIT 1
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.
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. Comply with all applicable city codes, ordinances, policies, and standards.
3. 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.
4. 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.
5. 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
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER EXHIBIT 1
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.
6. 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.
7. 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
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 first
final plat.
9. 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.
10. 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.
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.
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER EXHIBIT 1
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
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER EXHIBIT 1
Attachment A
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MONUMENT VALLEYTRIPLEX ELEVATIONSA VARIETY OF NATURAL PAINT COLORS, STONE, SIDING, AND STUCCO WILL BE USED TO ENHANCE THE APPEARANCE OF INDIVIDUAL UNITS THOUGHOUT THE PROJECT.
MONUMENT VALLEY4 PLEX ELEVATIONSA VARIETY OF NATURAL PAINT COLORS, STONE, SIDING, AND STUCCO WILL BE USED TO ENHANCE THE APPEARANCE OF INDIVIDUAL UNITS THOUGHOUT THE PROJECT.
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER EXHIBIT 1
Attachment B