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Hearing Examiner Staff Report AJ
Before the Caldwell Hearing Examiner
City of Caldwell, Idaho
Public Hearing Held November 9, 2022
Subject: Case No. SUP22-000008 (Faith Landing)
Parcel: R0152310400 & R0152310500
Planner: Alex Jones Associate Planner ajones@cityofcaldwell.org
The following Land Use Action is the primary feature of this application:
Special-Use-Permit request for Faith Landing Apartments, consisting of 32 residential housing units on
1.69 acres located north of the intersection of E Homedale Road and Caldwell Boulevard on parcels
R0152310400 & R0152310500 the subject property is zoned C-3 (Service Commercial).
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II GENERAL FACTS
III PUBLIC TESTIMONY
IV APPLICABLE LEGAL STANDARDS
V COMPREHENSIVE PLAN ANALYSIS
VI FINDINGS OF FACT
VII CONCLUSIONS OF LAW
VIII ORDER OF DECISION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application SUP22-
000008 to be held before the Caldwell Hearing Examiner on November 9, 2022. Public notice
requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On, or before, October
23, 2022, notice was published in the Idaho Press Tribune, and on, or before, October 21, 2022, notice
was mailed to all political subdivisions providing services to the site and to all property owners within
300 feet of the project site; and on, or before, October 10, 2022 notice was posted on the site.
1.2 Files and exhibits relative to this application are available for review in the Planning and Zoning
Department, 621 Cleveland Boulevard, Caldwell and at applicable public hearings.
II GENERAL FACTS
2.1 APPLICANT: Julie Miller, 725 E. 2nd St., Meridian, ID
Julie.miller@evstudio.com (208)-884-2824
PROPERTY OWNER: Avest Limited Partnership, PO Box 178 Meridian, ID 83680
2.2 REQUEST: A request by EV Studio for the development of four 8-plex apartment buildings located at
7020 and 7104 Enoch Dr. in Caldwell, ID. The new construction will be designed to match the existing
apartment buildings within the Faith Landing Subdivision. The subject property is currently located
within the C3 zone of the Faith Landing Subdivision. The new buildings will be constructed with the same
or similar materials to compliment the surrounding neighborhood.
Homedale Rd
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This project will complete the final phase of the Faith Landing apartment buildings.
2.3 Background: A request for a multi-family development in the C-3 (Service Commercial) zone:
Faith Landing Apartments will consist of four 8-plex apartment buildings. This development will be
located on 1.69 acres the development is north of the intersection of E. Homedale Road and Caldwell
Boulevard.
This area was originally planned to be commercial, an agreement was made that if no commercial
development was put in after a set amount of time they would be allowed to put in residential
apartments. See Exhibit A-11.
2.4 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: The Caldwell Comprehensive
Plan Map designation for the site is Commercial and Service.
Commercial and Service—Suitable for a wide range of retail, service, professional businesses and more
intense commercial uses, such as those that require large amounts of land for sales, storage or parking,
light production or repair of consumer goods, and which may be less compatible with residential uses
due to traffic, noise and other impacts.
Land Use: The subject property is zoned C-3 (Service Commercial) and is surrounded by the following
land uses:
Direction Zone Comprehensive Map Use
Site C-3 Commercial and Service Vacant Land
North C-3 High Density Residential Faith Landing Sub
South C-3 Commercial and Service Future Commercial
East C-3 Commercial and Service Commercial
West C-3 Low Density Residential Residential Apartments
2.5 Transportation/Connectivity: The subject property has frontage onto Enoch Dr and Isaiah Way, both are
local roads.
2.6 Public Services, Utilities and Facilities: The engineering department, fire marshal, building department,
code enforcement, police department, economic development, mapping department, Pioneer Irrigation
district, Caldwell lateral irrigation, vallivue school district, compass, Canyon county plat room, valley
regional transit, Caldwell transportation, brown bus company, Idaho transportation department, canyon
county development services, boise project board of control, southwest district health, Idaho power,
intermountain gas, DTG Maps, Hamilton Michaelson & Hilty LLP and USPS were all sent a request for
comment on October 3, 2022.
2.7 Engineering Comments:
Engineering had no comments for this development
2.8 Vallivue Comments
See exhibit PA-1
2.9 Caldwell Fire Department Comments
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See Exhibit PA-2
III PUBLIC TESTIMONY
3.1 Before the Caldwell Hearing Examiner, November 9, 2022
Reserved for the Caldwell Hearing Examiner
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell Zoning Ordinance No. 1451, as amended
4.2 City of Caldwell Comprehensive Plan, as amended
4.3 Idaho Code, Title 67, Chapter 65, Local Planning Act
V COMPREHENSIVE PLAN ANALYSIS
The Caldwell Hearing Examiner accepts the Comprehensive Plan Components as listed below.
5.1 The request was found to be consistent with the following Comprehensive Plan Components:
GOALS AND POLICIES – Property Rights (Chapter 1)
Goal 1: Ensure that land use policies, restrictions, conditions and fees do not violate private
property rights, adversely impact property values or create unnecessary technical
limitations on the use of the property.
Policy 1-1: Establish a sound basis for land use and environmental regulations through comprehensive
planning and adopted policies and ordinances.
GOALS AND POLICIES – Land Use (Chapter 5)
Goal 1: Establish land-use management policies that protect property rights and the
environment, maintain a high quality of life, provide adequate land for all types of
development, and adequately buffer non-compatible uses.
Policy 1-1: Guide the growth and development of land uses in such a way that the health, safety, and
general welfare of residents will be protected.
Goal 3: Create communities that are more livable, affordable, connectable and sustainable.
Policy 3-2: Maximize the use of land by encouraging high-density residential development in areas that
have adequate services that can act as a buffer between less dense residential and
commercial uses, and support public transit.
GOALS AND POLICIES – Housing (Chapter 14)
Goal 2: Support enhanced housing standards that will improve the visual appearance of
residential neighborhoods
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Policy 2-1: Require new construction to have enhanced housing features such as eaves, roof pitch,
facade improvements, windows, soffits, etc.
5.2 The request was not found to be inconsistent with any of the Comprehensive Plan Components. All
adopted city ordinances, standards and codes were used in evaluating the application.
VI FINDINGS OF FACT
6.1 The Caldwell Hearing Examiner accepts the facts outlined in the staff report, public testimony and the
evidence list. All adopted city ordinances, standards and codes were used in evaluating the application.
The proposed use is conditionally permitted by the terms of the ordinance and is subject to conditions
of approval.
VII CONCLUSIONS OF LAW
7.1 The Caldwell Hearing Examiner has the authority to hear this case and order that it be approved or
denied. The public notice requirements were met and the hearing was conducted within the guidelines
of applicable Idaho Code and City ordinances.
VIII ORDER OF DECISION
8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that
Case Number SUP22-000008, A request by EV Studio for the development of four 8-plex apartment
buildings located at 7020 and 7104 Enoch Dr. in Caldwell, ID on 1.69 acres located in a C-3 (Service
Commercial) zone in Caldwell, Idaho, is approved/denied with the following conditions of approval (if
approved):
8.2 Comply with the all applicable city codes, ordinances, policies, and standards.
8.3 Comply with code requirements of the Caldwell Fire Department.
8.4 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.
8.5 Comply with the landscaping requirements, Chapter 7 of the zoning ordinance, and comply with the
Treasure Valley Tree Selection Guidelines, when selecting trees within the Caldwell City limits.
8.6 Exterior lighting on the site must be directed into the property.
8.7 Provide a location for cluster mailboxes.
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EXHIBIT “A-2”
NARRATIVE
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EXHIBIT “A-3”
SITE PLAN
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EXHIBIT “A-5”
Neighborhood Meeting
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EXHIBIT “A-8”
Landscaping Plan
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EXHIBIT “PA-1”
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EXHIBIT “PA-2”
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Exhibit A-11
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