HomeMy WebLinkAboutSUP22-000030 FCO (2)CITY OF CALDWELL CASE NO: SUP22-000030 Westview Lofts 2 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
BEFORE THE CALDWELL HEARING EXAMINER
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR THE CONSTRUCTION OF 2
APARTMENT BUILDINGS WITH 30 UNITS
ON APPROXIMATELY 1.53 ACRES IN A C-3
(SERVICE COMMERCIAL) ZONE.
Property Owner: SRB Seven LLC
)
)
)
)
)
)
)
)
)
)
)
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER
Case No. SUP22-000030
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 Urrutia (“Applicant”), on behalf of
New Beginnings Housing, 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
CITY OF CALDWELL CASE NO: SUP22-000030 Westview Lofts 2 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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 an C-3 (Service Commercial) zone approximately
1.53 acres on Parcel R1489512700, located in the 25-4N-3W NE SKY RANCH BUS PH 2 LT 7 BLK 3,
the Examiner received and reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on November 21, 2022, in compliance with
Chapter 10 Article 3 Section 12 of Caldwell City Code.
A public hearing on the requested Special Use Permit were 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
1. The Examiner has the authority to approve or deny the application;
2. The proposed use would not or will not cause any damage, hazard, nuisance or other detriment to persons or properties in the vicinity;
3. The proposed use is conditionally permitted by the City of Caldwell ordinances;
4. The proposed use in not in conflict with the comprehensive plan;
CITY OF CALDWELL CASE NO: SUP22-000030 Westview Lofts 2 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
5. The proposed use does not impact the ability of political subdivisions, including school districts, to
provide services for the proposed use; and
6. 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 (SUP22-000030), 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 Westview Lofts Phase 2 shall be in substantial
compliance with the submitted site plan and elevations (See Exhibit A attached hereto) of Case
File SUP22-000030, 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. 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 Exhibit 1
Attachment C) must be met.
6. 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.
7. The applicant shall post and maintain a “Rules and Regulations” sign at the entryways to the
residential development 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.
8. The applicant shall comply with all landscaping requirements based on Caldwell City Code,
Chapter 10, Article 7.
CITY OF CALDWELL CASE NO: SUP22-000030 Westview Lofts 2 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
9. Proposed fencing must comply with Caldwell City Code Section 10-02-07.
10. This approval is for this application only. Additional permits, licenses and approvals may be
necessary.
11. The property owner is responsible for the maintenance of all landscaping and screening devices
required.
12. Within twelve (12) months of the date of signature of the Order of Decision of the approved
Special Use Permit, a building permit application shall be submitted for the special use otherwise
the Special Use Permit shall become null and void.
13. If the City of Caldwell has established a design review process at the time of submittal of
development application(s) for the subject property, the applicant will be required to go through
the design review process.
14. The development may not exceed 30 residential units.
15. Provide screening of on-site trash enclosures.
16. 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.
17. Developer will be responsible for installing sidewalk in compliance with code section 10-07-08 along Hwy 20/26 if ITD does not install one during widening construction.
18. All drive aisles and access must be paved.
CITY OF CALDWELL CASE NO: SUP22-000030 Westview Lofts 2 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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 in a C-3 (Service Commercial) zone approximately
1.53 acres on Parcel R1489512700, located in the 25-4N-3W NE SKY RANCH BUS PH 2 LT 7 BLK 3,
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
CITY OF CALDWELL CASE NO: SUP22-000030 Westview Lofts 2 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment A
Site Plans, Plats, Elevations, and Landscape Plans
This space reserved for
insertion of documents
after HE decision
CITY OF CALDWELL CASE NO: SUP22-000030 Westview Lofts 2 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment B
Engineering Memo and Conditions of Approval
This space reserved for
insertion of documents
after HE decision
CITY OF CALDWELL CASE NO: SUP22-000030 Westview Lofts 2 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment C
Fire Conditions of Approval
This space reserved for
insertion of documents
after HE decision