HomeMy WebLinkAboutSUP23-000002 FCOBEFORE THE CALDWELL HEARING EXAMINER
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A SPECIAL USE PERMIT, FOR A UHAUL INDOOR MINI STORAGE FACILITY.
Property Owner: BEAR RIVER REAL ESTATE LLC
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER
Case No. SUP23-000002
This matter came before the Caldwell Hearing Examiner (Examiner) for hearing and consideration on the 26 day of April 2023, upon a request filed by applicant Greg Spurlock (“Applicant”),
on behalf of AMERCO Real Estate Company, 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
10-01-08
Annexations
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
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 Special Use Permit in a C-4 (Highway Commercial) zone approximately 5.78 acres on Parcels R3513801000 and R3513801100, located in the 23-4N-3W SW TX 23035
IN SESW, the Examiner received and reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on January 20, 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 Examiner on April 26, 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 APPROVED the request for a Special Use Permit, subject to the conditions herein; and
In approving the request for a Special Use Permit 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
SPECIAL USE PERMIT APPROVAL CRITERIA
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 (SUP23-000002), 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.
The development, design, and construction of the Uhaul Facility shall be in substantial compliance with the submitted site plan and elevations (See Exhibit 1 Attachment A attached hereto)
of Case File SUP23-000002, or as amended to reflect requirements by City Engineering Department. Any substantial deviations, as determined by the Planning & Zoning Director, from said
Case File Exhibit, shall require City Council approval, through a public hearing.
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 Exhibit 1 Attachment C) must be met.
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.
The applicant shall comply with all landscaping requirements based on Caldwell City Code, Chapter 10, Article 7.
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 applicant will complete a lot line adjustment before approval of any construction drawings.
IV
ORDER OF DECISION AND/OR 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 Special Use Permit (SUP23-000002) on approximately 5.78 acres on Parcels R3513801000 and R3513801100 located in the 23-4N-3W SW TX 23035 IN SESW is APPROVED, SUBJECT
TO THE CONDITIONS OF APPROVAL LISTED HEREIN.
These Findings of Fact, Conclusions of Law and Recommendation are approved and adopted by the Caldwell Hearing Examiner on this 26th day of April 2023.
_____________________________________ __________________
Hearing Examiner Date
ATTEST:
______________________
Director
Exhibit 1 - Attachment A
Site Plans, Plats, Elevations, and Landscape Plans
Exhibit 1 - Attachment B
Engineering Memo and Conditions of Approval
Exhibit 1 - Attachment C
Fire Conditions of Approval