HomeMy WebLinkAboutFCOs HE Silver Meadows with added conditions (2)BEFORE THE CALDWELL HEARING EXAMINER
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A MIXED USE PLANNED UNIT
DEVELOPMENT AND AN APPLICATION FOR
A PRELIMINARY PLAT.
Property Owner: Rental Property Holdings, LLC.
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER
Case No. PUD22-000009, SUB22-000037
This matter came before the Hearing Examiner (Examiner) for hearing and consideration on the
26th day of Apirl, 2023, upon a request filed by applicant Carl Anderson (“Applicant”), on behalf of Rental
Property Holdings, LLC. (“Owner”) 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 10-03-07 Planned Unit Developments
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
Caldwell City Code 11-02-01 Subdivision Procedures and Contents for Plats
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 Planned Unit Development and Preliminary Plat in an R-2 (Medium
Density Residential) zone approximately 28.06 acres on Parcels R3582900000 and R3582500000 located
in the 35-4N-3W SE TX 21373 IN E1/2 SE and 35-4N-3W SE TX 21372 IN SESE T74662 the Examiner
received and reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on July 28, 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 Examiner on May 10, 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
Planned Unit Development and Preliminary Plat, subject to the conditions herein; and
In approving the request for a Planned Unit Development and 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
PLANNED UNIT DEVELOPMENT
1. The Examiner has the authority to recommend approval or denial of the application;
2. The subject property involves a parcel of land as a unit under single ownership or control;
3. The planned unit development is consistent with the following instances (must be at least two or more):
a. The development offers a maximum choice of living environments by allowing a variety
of housing and building types.
b. Where a land parcel is constrained or otherwise limited by some obstacle, feature, geometry, condition, or easement that interferes with applying standard development
processes.
4. The planned unit development is in accordance with the development standards as specified in CCC 10-03-07 (3);
5. The planned unit development proposes all of the required amenities as specified in CCC 10-03-07 (4) A;
6. The planned unit development proposes four (4) or more optional required amenities in accordance with CCC 10-03-07 (4) B;
7. The planned unit developments proposed amenities and construction is satisfying the community’s need for a wide range of housing in accordance with CCC 10-03-07 (5);
8. The following deviations or modifications have been approved in accordance with CCC 10-03-07 (6).
a. Waiver for the 6,000sqft lot size minimum to allow for a minimum of 1,628sqft.
b. Waiver for the 45’ lot frontage minimum to allow for lot frontages between 23.75’ and 50’.
c. Waiver for 0’ side setbacks for townhome lots
d. Waiver for the height of the multi-family buildings being over 35’
e. Waiver to reduce the required parking for the public community center to 0 parking spaces and
to utilize the provided multi-family parking.
f. Waiver to reduce landscape buffer along the pathway along the 8’ pathway from 5’ on each
side of the pathway, to 2’ landscape buffer on one side.
9. The proposed planned unit development meets the required approval criteria and standards as set forth
in Caldwell City Codes.
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;
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 (PUD22-000009 and SUB22-
000037), 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. The development, design, and construction of the Mixed Use Planned Unit Development shall be
in substantial compliance with the submitted site plan and elevations (See Exhibit A attached
hereto) of Case File PUD22-000009 and SUB22-000037, 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.
3. Comply with all requirements of the City Engineering Department as specified in their memo dated
17th day of April, 2023 and shown in Exhibit 1, Attachment B.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. The applicant shall comply with all landscaping requirements based on Caldwell City Code,
Chapter 10, Article 7.
10. Proposed fencing must comply with Caldwell City Code Section 10-02-07.
11. This approval is for this application only. Additional permits, licenses and approvals may be
necessary.
12. The property owner is responsible for the maintenance of all landscaping and screening devices
required.
13. 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.
14. The applicant shall ensure building design is compatible with the existing neighborhood and adjoining properties by taking into account building type, height, bulk, and site location.
15. The completion of the first phase of a planned unit development shall take place within three (3) years of the signature date on the order of decision approving the planned unit development or said approval shall become null and void. For each phase after the first phase there shall be an allowed one year time frame per phase for completion. Should any phase not be completed within its one year time frame, approval on the uncompleted portion of the planned unit development shall become null and void. Exceptions to the time frames may be granted at the time of original approval of the planned unit development, provided said exceptions are requested in the initial application.
16. A planned unit development shall be under single ownership/control during the planning and developmental stage to ensure that the development can be accomplished in a unified manner. A
PUD developer may sell a portion of an approved PUD if the purchaser submits a notarized letter to the planning and zoning director stating that he/she reviewed the order of decision, development agreement, phasing plan, and all other applicable materials and agrees to comply with all conditions
of approval.
17. Lot sizes meet the approval of a waiver for the 6,000sqft lot size minimum to allow for a minimum of 1,628sqft on lots shown on the preliminary plat.
18. Lot frontage meets the approval of a waiver for the 45’ minimum to allow for lot frontages between
23.75’ and 50’, with the exception of curved frontages, which may be less, but all should generally
match the preliminary plat.
19. Building setbacks must be met at time of construction drawing submittal, according to Caldwell
Code 10-13-04, with the exception of side setbacks for townhomes being 0’ with the Planned Unit
Development application.
20. Waiver to reduce the required parking for the public community center to 0 parking spaces and to utilize the provided 188 parking spaces for the multi-family parking.
21. Waiver to reduce the landscape buffer along the 8’ pathway from 5’ landscaping on each side to 2’ landscaping on one side.
22. An updated, detailed landscape plan that complies with the Caldwell City Code shall be submitted
before this application goes to City Council, and the following must be addressed:
a. Proper pathways and landscaping that comply with the Caldwell City Code and are
consistent with the 2040 Bike and Pedestrian Master Plan.
b. Proper landscape materials include in the landscape buffers and the along pathways.
c. Location and type of fencing.
d. Percentage of open space.
e. Parking spaces designated Electric Vehicle Parking.
23. The applicant shall comply with all landscaping requirements based on Caldwell City Code,
Chapter 10, Article 7. This includes correct materials for pathway landscaping and storm water
area landscaping.
24. Parking lot landscaping is required and shall comply with the Caldwell City Code.
25. Provide fencing along the north side of the pathway along the Wilson Drain to be consistent with
the 2040 Bike and Pedestrian Master Plan.
26. The development doesn’t exceed 35’ heights, with the exception of the 38’ multi-family buildings
due to the approval of a waiver with the Planned Unit Development application.
27. The clubhouse must be accessible to the public at all times, due to it being considered a commercial
use.
28. The applicant shall submit a copy of the signed encroachment agreement prior to construction
drawings being approved.
29. The applicant must show the location of trash receptacles, as well as the method of screening, prior
to construction drawings.
30. The applicant shall include a 2-1 to 3-1 berm along Ustick Rd.
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 Planned Unit Development (PUD22-000009) and Preliminary Plat
(SUB22-000037) on approximately 28.06 acres (Parcel R3582900000 and R3582500000) located in the
35-4N-3W SE TX 21373 IN E1/2 SE and 35-4N-3W SE TX 21372 IN SESE T74662, is
RECOMMENDED FOR APPROVAL, 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 10th day of May 2023.
_____________________________________ __________________
Chair 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