HomeMy WebLinkAboutTE23-000005 Covington Square FCO SignedCITY OF CALDWELL CASE NO: TE23-000005 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
BEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT RENEWAL AND
24-MONTH TIME EXTENSION OF
COVINGTON SQUARE SUBDIVISION
PRELIMINARY PLAT.
Property Owner: Spencer Snead
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. TE23-000005
Associated Case No. SUB-19P-03
This matter came before the Caldwell City Council (“Council”) for hearing and consideration on
the 6th day of June, 2023, upon a request filed by applicant Iron Oak Homes, LLC (“Applicant”), on behalf
of Spencer Snead, 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 10-03-12 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
CITY OF CALDWELL CASE NO: TE23-000005 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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 24 month Time Extension of Covington Square Subdivision
Preliminary Plat in an R-1 (Low Density Residential) zone approximately 15.89 acres on Parcels
R2798301000, located in the 33-4N-3W NW WOOD'S ACREAGE TX 19257 IN BLKS 1-4, the City
Council received and reviewed the record and finds and concludes the following:
A public hearing on the 24 month Time Extension of Covington Square Subdivision Preliminary
Plat requests was held before the City Council on June 6, 2023, at which time city staff presented a staff
report along with an analysis of the application and all pertinent information on the case. The applicant
then presented their 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, the City Council
voted to APPROVE the request for a 24 month Time Extension of Covington Square Subdivision
Preliminary Plat, subject to the conditions herein. In approving the requests, 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
PRELIMINARY PLAT
1. The Council 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.
CITY OF CALDWELL CASE NO: TE23-000005 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
III
The approval of the application requests for (TE23-000005), is 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. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Covington Square Subdivision shall be recorded no later than June 6, 2025. Each subsequent
phase shall be recorded in accordance with the requirements of the City of Caldwell Codes.
8. Phased Subdivisions: The subdivider may file and obtain acceptance of successive final plats for
continuous segments of the approved preliminary plat without reapplication for preliminary plat
approval, provided that final plats are recorded in successive intervals of not more than one year
each, as measured from the date of signature on the approving order of decision for the
preliminary plat, and provided that "city code", as herein defined, and any subsequent
amendments as adopted by the city before, during or after preliminary plat approval, is followed
in all design, engineering plans, construction and final plats for all phases, with the exception of
lot sizes, lot dimensions, setbacks, number of lots and any exceptions approved at the time of
CITY OF CALDWELL CASE NO: TE23-000005 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
preliminary platting, which shall remain as indicated in the preliminary plat order of decision
and/or development agreement.
9. 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.
10. The development shall be constructed in substantial compliance with the preliminary plat and
landscape plan attached hereto and as conditioned in case files SUB-19P-03 as amended to
comply with City Ordinances and requirements at time of development.
11. 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.
12. The applicant shall comply with all landscaping requirements based on Caldwell City Code,
Chapter 10, Article 7.
13. Landscape Maintenance: All landscaping and screening devices shall be maintained in an
attractive, live, safe and healthy manner.
14. Parking Lot Landscaping: Linear grouping of parking spaces shall not exceed twelve (12) in a
row, without the installation of an interior landscape planter island. Landscape planter islands
shall contain a minimum of sixty (60) square feet of area when serving a single row of parking.
Landscape planter islands shall contain a minimum of one hundred twenty (120) square feet of
area when accommodating a double row of parking spaces. Islands shall contain a minimum of
one Class 1 or 2 tree and shall be covered with a combination of low shrubs, lawn or other
vegetative or nonvegetative ground cover if wet landscaping is utilized. If dry landscaping is
utilized, the island shall be covered with rock ground cover and a minimum of one boulder and
there shall be no requirement for vegetation. Class 3 trees are prohibited in the interior planter
CITY OF CALDWELL CASE NO: TE23-000005 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
islands.
15. Proposed fencing must comply with Caldwell City Code Section 10-02-07.
16. This approval is for this application only. Additional permits, licenses and approvals may be
necessary.
17. The property owner is responsible for the maintenance of all landscaping and screening devices
required.
18. 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.
19. 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
CITY OF CALDWELL CASE NO: TE23-000005 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment A
Site Plans, Plats, Elevations, and Landscape Plans
TTCPPMATCHLINE - SEE SHEET L1.0MATCHLINE - SEE SHEET L1.1PLANT SCHEDULETT TTTTCSSSSSS
SSSSSSSSPPPPPPCOCOSSLANDSCAPE MATERIALSgreg@baerdg.comPh. 208.859.198012.16.2020L1.0LANDSCAPE PLAN
AREA ONE
COVINGTON SQUARE SUB.
CALDWELL IDAHOScale 1" = 30'-0"LANDSCAPE PLAN - AREA ONE03060Scale 1" = 200'-0"KEYMAP0200400
TSSSSPPCOCOMATCHLINE - SEE SHEET L1.0MATCHLINE - SEE SHEET L1.1MATCHLINE - SEE SHEET L1.1MATCHLINE - SEE SHEET L1.2TT TTTTCSSSSSS
SSSSSSSSPPPPPPCOCOSSLANDSCAPE MATERIALSgreg@baerdg.comPh. 208.859.198012.16.2020L1.1LANDSCAPE PLAN
AREA TWO
COVINGTON SQUARE SUB.
CALDWELL IDAHOScale 1" = 30'-0"LANDSCAPE PLAN - AREA TWO60300·······LANDSCAPE NOTESScale 1" = 200'-0"KEYMAP40020002EDGING DETAIL3SHRUB PLANTING DETAILNOTES:1WHITE VINYL FENCE
TSSSSSSPPMATCHLINE - SEE SHEET L1.1MATCHLINE - SEE SHEET L1.2TTT T
TTC
SS SSSSSS
SSSSSSPPP
PPPCOCOSSLANDSCAPE MATERIALSgreg@baerdg.comPh. 208.859.198012.16.2020L1.2LANDSCAPE PLAN
AREA THREE
COVINGTON SQUARE SUB.
CALDWELL IDAHO1TREE PLANTING DETAIL2CONIFER TREE DETAILScale 1" = 30'-0"LANDSCAPE PLAN - AREA THREE60300”IRRIGATION GENERAL NOTES - DESIGN BUILDScale 1" = 200'-0"KEYMAP0200400
CITY OF CALDWELL CASE NO: TE23-000005 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1- Attachment B
City of Caldwell Fire Department Comments and Conditions of Approval
403 Blaine Street Caldwell, ID 83605 Phone 208-649-1266 Fax 208-455-3014
Date 05/01/2023
Caldwell City – Planning and Zoning
Re: Case TE23-000005 Covington Square Preliminary Plat
Dear Alex Jones, Associate Planner,
The Caldwell City Fire Department District has reviewed and can approve the
application subject to compliance with all the following code requirements and
conditions of approval. Any deviation from this plan is subject to Fire
Department approval. Please note that unless stated otherwise, this memo
represents the requirements of the 2018 International Fire Code (IFC) as adopted
by the Idaho State Fire Marshal’s Office.
Comments:
1. Fire hydrants, capable of producing the required fire flow, shall be
located along approved fire lanes. Fire hydrant spacing shall meet the
requirements of IFC table C105.1.1 (IFC 507.3, IFC B105.2, IFC C105).
2. Roadway serving a fire hydrant shall be a minimum of 26-feet in width.
(IFC D103.1)
3. Dead-end fire apparatus access roads exceeding 150 feet (45 720 mm) in
length shall be provided with an approved area for turning around fire
apparatus. (IFC 503.2.5)
4. Fire apparatus access roads shall extend to within 150 feet of all portions
of the exterior walls of the first story of a building measured by an
approved route around the exterior of the building or facility. (IFC 503.1.1)
5. Monument signage for addressing will be required at the entrance and at
all intersections within the project. (IFC 505.1)
6. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet and an unobstructed vertical clearance of not less than 13
feet 6 inches. (IFC 503.2.1)
7. The minimum outside turning radius of a fire apparatus access road shall
be 48 feet. The minimum inside turning radius shall be 28 feet. (IFC 503.2.4)
8. Fire apparatus access roads shall have an approved driving surface of
asphalt, concrete or other approved driving surface and can support the
imposed load of fire apparatus weighing at least 75,000 pounds. Please
provide documentation the road surface meets this standard. (IFC
D102.1)
9. Fire apparatus access roads shall not exceed 10 percent in grade. (IFC
D103.2)
403 Blaine Street Caldwell, ID 83605 Phone 208-649-1266 Fax 208-455-3014
General Requirement:
Fire Department required fire hydrants, access, and street identification shall be
installed prior to construction or storage of combustible materials on site.
Provisions may be made for temporary access and identification measures.
Specific building construction requirements of the International Building Code,
International Fire Code and City of Caldwell Code will apply. However, these
provisions are best addressed by a licensed Architect at time of building permit
application.
Regards,
Alan Perry
Division Chief
Fire Marshal
Caldwell Rural Fire Protection District
Aperry@cityofcaldwell.org