HomeMy WebLinkAbout3MS_HE_FCO_2023-09-13BEFORE THE CALDWELL HEARING EXAMINER
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT IN THE T-N
(TRADITIONAL NEIGHBORHOOD) ZONE
AND A SPECIAL USE PERMIT TO ALLOW
FOR 4-PLEXES WITHIN THE T-N ZONE.
Property Owner: Silvestre Castaneda
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
AND
RECOMMENDATION
Case No. SUB23-000019 / SUP23-000008
This matter came before the Caldwell Hearing Examiner (“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 10-03-04 Special Use Permit
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
Caldwell City Code Chapter 11 Subdivision
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 Prelimary Plat in the T-N (Traditional Neighborhood), and a Special
Use Permit to allow for 4-plexes in the T-N zone on approximately 4.04 acres on Parcel R3508400000,
located in 22-4N-3W SE TX 05021 IN SWNESE LS TX 17519 T75509 T77548, the Examiner received
and reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on April 21, 2023, in compliance with Chapter
10 Article 3 Section 12 of Caldwell City Code.
A public hearing on the requested Preliminary Plat and Special Use Permit were held before the
Examiner on 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 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 for
a Preliminary Plat in the T-N (Traditional Neighborhood), and a Special Use Permit to allow for 4-plexes
in the T-N zone along with lot 7 being 35’ rather than 25’ along a single-family home. , subject to the
conditions herein; and
In approving the request for a Preliminary Plat and Special Use Permit, 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 approve or deny the application;
2. The plat is in compliance with "city code";
3. The plat is consistent with the city comprehensive plan;
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.
SPECIAL USE PERMIT APPROVAL CRITERIA
1. The proposed use would not or will not cause any damage, hazard, nuisance or other detriment to persons or properties in the vicinity.
2. The proposed use is conditionally permitted by the terms of the ordinance.
3. The proposed use in not in conflict with the comprehensive plan.
4. The proposed use does not impact the ability of political subdivisions, including school districts, to provide services for the proposed use.
III
CONDITIONS OF APPROVAL
The recommendation for approval or approval of the application requests for (SUB23-000019 and
SUP23-000008), 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 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
16th day of August, 2023 and shown in Attachment B.
7. Comply with all requirements of the City Mapping Department as specified in their memo dated
17th day of July, 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. 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.
10. 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.
11. 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.
12. 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.
13. 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
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.
14. Plat Modifications or Replats. A revised copy of the plat shall be required to be submitted to the
Planning and Zoning Department within forty-five (45) days of the final approval by City
Council. Final plat modifications or replats will require a revised final plat to be recorded and a
copy of the recorded plat shall be submitted to the Planning and Zoning Department within forty-
five (45) days of the final approval by City Council.
15. Approved Street Names, Street Layout, Lot and Block Numbering, and Subdivision Phasing Plan.
No changes to the original 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.
16. 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.
17. 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.
18. The applicant shall comply with all landscaping requirements based on Caldwell City Code,
Chapter 10, Article 7.
19. Landscape Maintenance: All landscaping and screening devices shall be maintained in an
attractive, live, safe and healthy manner.
20. SUP Expiration for Council Approved Special Use Permits: 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.
21. Fencing: 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 controller as defined by Caldwell City Code is responsible for maintaining all landscaping
and screening devices within a subdivision and/or development and/or the subject property. As
applied to the subdivision or development process, the controller is understood to be the property
owner, association or person representing the property owner's interest with responsibility for
abiding by the city's standards, rules, regulations, policies, codes and ordinances.”
24. 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
25. Special Use Permit Conditions: Conditions of approval for the special use permit can be found
within the Findings of Fact, Conclusions of Law and Order, signed by the Hearing Examiner on
September 13, 2023.
26. 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.
27.The applicant shall provide an updated landscaping plan to show the required pathways and
landscaping based on Caldwell City Code 10-07-11, prior to being heard by City Council.
28.The applicant shall provide proof that water rights have been granted from Pioneer Irrigation
District, prior to being heard by City Council.
29.The applicant shall provide proper trash enclosure screening according to Caldwell City Code 10-
07-10(6), if applicable.
30.A public access easement will be placed over common lot 4.
31.The proposed fire hydrant needs to be moved to the north side of Sarai Lane, to cover the 150’
requirement.
IV
ORDER OF DECISION
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 (SUP23-000008) on approximately 4.04 acres (Parcel
R3508400000) located in the 22-4N-3W SE TX 05021 IN SWNESE LS TX 17519 T75509
T77548APPROVED SUBJECT TO THE CONDITIONS OF APPROVAL LISTED HEREIN.
These Findings of Fact, Conclusions of Law and Decision are approved and adopted by the
Hearing Examiner on this 13th day of September 2023
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 (SUB23-000019) on approximately 4.04 acres (Parcel
R3508400000), situated in 22-4N-3W SE TX 05021 IN SWNESE LS TX 17519 T75509 T77548, is
RECOMMENDED FOR APPROVAL, SUBJECT TO THE CONDITIONS OF APPROVAL
LISTED HEREIN.
These Findings of Fact, Conclusions of Law and Order are approved and adopted by the Hearing
Examiner on this 13th day of September 2023.
_____________________________________ __________________
Chair Date
ATTEST:
______________________
Director
9-14-23
Exhibit 1 - Attachment A
Site Plans, Plats, Elevations, and Landscape Plans
Documents will be
inserted into the
FINAL FCO version
prepared for signature
Exhibit 1 - Attachment B
Engineering Comments and Conditions of Approval
Exhibit 1 - Attachment C
City of Caldwell Fire Department Comments and Conditions of Approval
Exhibit 1 - Attachment D
City of Caldwell Mapping Department Comments and Conditions of Approval