HomeMy WebLinkAboutVallivue Academy Master Plan_Order of Decision1Kerstin Dettrich
From:Angie Point (Caldwell, ID) <CaldwellID@request.justfoia.com>Sent:Friday, February 9, 2024 11:47 AMTo:Kerstin DettrichSubject:Special Use Permit, Vallivue AcademyYour Public Records Request, PRR-355-2024 (Security Key 686140) has been processed and the
available information can be retrieved from the public p ortal. Please click on this link to retrieve your information: Request Number: PRR-355-2024. Please see the additional information from our Planning and Zoning Department: Attached in the public
portal is the signed order of decision for SUP-311-0 8. This SUP is attached to 6123 Timbre Dr. There is no SUP on file for 6114 Graye Ln. If you have a question about your request, please con tact our office using one of the contact methods below. This completes your request; thank you for using our online Public Records Request system! Angie Point City Clerk's Office City of Caldwell
PO Box 1179 411 Blaine Street
Caldwell, ID 83606 (208) 455-4773 (phone) (208) 455-3003 (fax)
cityclerk@cityofcaldwell.org The City of Caldwell complies with the Idaho Public Records Act (Idaho Code Title 74, Chapter 1) regarding appropriate time limitations for public record requests. By law, information gained through this request cannot be used for the purpose of compiling a mailing list or telephone list without obtaining permission from each individual. In making this request, I understand that the City is under no obligation to create a document to satisfy my request. I further understand that the records will be released only in accordance with the Idaho Public Records Act (Idaho Code Title 74).
ORDER OF DECISION
BY THE HEARING EXAMINER
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD JUNE 3, 2008
Subject:Order of Decision —Case No. SUP-311-08 (Vallivue Alternative School)
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
SPECIAL USE PERMIT REQUEST FOR A PUBLIC ALTERNATIVE SCHOOL.
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II GENERAL FACTS
III 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
SUP-308-08 to be held before the Caldwell Hearing Examiner on May 28, 2008. Public notice
requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been met. On
May 9, 2008 notice was mailed to all property owners within 300 feet of the project site and to
all political subdivisions providing services to the site; on May 11, 2008 notice was published in
the Idaho-Press Tribune; and, on May 16, 2008 notice was posted on the site.
1.2 On May 28, 2008 the entire hearing was continued to June 3, 2008.
1.3 On June 3, 2008 the Hearing Examiner approved the request.
1.4 Files and exhibits relative to this application are available for review in the Planning and
Zoning Department, 621 Cleveland, Caldwell and at applicable public hearings.
II GENERAL FACTS
2.1 OWNER: Alberto Contreras, 15062 Lake Ave., Nampa, ID 83651.
SUP-311-08 (Vallivue alternative school)Page 1 of 6
ORDER OF DECISION SCANNED
2.2 APPLICANT/DEVELOPER: Vallivue School District, 5207 S. Montana Ave., Caldwell, ID
83605.
ARCHITECT: Design West Architects, 216 SW 5th Ave., Meridian, ID 83642.
2.3 REQUEST: The applicant/developer is seeking approval for a special use permit request to
operate a public alternative school. The site is addressed as 6123 Timbre PI.
2.4 BACKGROUND: The subject property is 0.96 acres in size and is currently zoned C-3 Service
Commercial.
The site has an existing, vacant building that will be modified and repaired to serve as the
proposed public alternative school.
2.5 LEGAL DESCRIPTION: A legal description for the development was submitted with the
application and incorporated into the file for reference purposes.
2.6 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map
designation for the site is Commercial.
2.7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
2.7.1 Land Use: The subject property is surrounded by the following:
Direction Zone Comprehensive Plan Map Use
North C-3 Commercial Bare ground
South C-3 Commercial Commercial
West C-3 Commercial Commercial
East C-3 Commercial Commercial
2.7.2 Transportation/Connectivity: The plat utilizes an existing street system. No new public streets
are proposed. There is an existing approach/access to the property from Timbre Place. No
new approaches are proposed. Canyon Highway District No. 4 and Idaho Transportation
Department were sent a request for comments on May 8, 2008. No response was received.
2.7.3 Public Services, Utilities and Facilities: The engineering department, building department,
police department, Caldwell School District, Vallivue School District, Pioneer Irrigation, Brown
Bus Company, Canyon County Development Services, Caldwell Transportation, Idaho Power
and Intermountain Gas were sent a request for comments on May 8, 2008. The engineering
department was the only agency to respond and they provided the following:
Irrigation
1.Irrigation water for any and all landscaping shall be obtained from applicable Irrigation
District sources. City municipal water may be used only if the criteria specified in
Section 10-07-12 of City Code are met.
Street
1.Some sections of the existing sidewalk are in disrepair. The applicant shall remove and
replace all deficient sidewalks fronting the subject property.
SUP-311-08 (Vallivue alternative school)Page 2 of 6
ORDER OF DECISION
Sewer &Water
1.The subject property is currently connected to both domestic water and sanitary sewer.
Additional connection fees (if applicable) will be assessed with the Change of
Use/Change of Occupant Application for these services.
General
1.Construction of dedicated facilities or construction within any dedicated right-of-way is
to be performed by an appropriately licensed public works contractor and shall comply
with applicable City, State, and Federal standards.
2.Prior to commencement of construction in any dedicated right-of-way, or construction
of any improvement intended for dedication to the City or connected to a City facility,
the City Engineering staff is to be notified.
3. All traffic control for the project shall meet the requirements of the Manual on Uniform
Traffic Control Devices (M.U.T.C.D.) and the City Engineer. The contractor shall
provide a traffic control plan to the City Engineer for review prior to any construction
within the right-of-way.
4. Prior to commencement of construction in any dedicated right-of-way, or construction
of any improvement intended for dedication to the City or connected to a City facility,
the City Engineering staff is to be notified. This preferably will take place in a pre-
construction conference scheduled by the engineer of record in which all appropriate
personnel and utilities are present. Appropriate City personnel are to be notified in
advance of all testing (including compaction, pressure and coliform, etc.) and given
opportunity to be present during conduct of the testing. The engineer of record or
his/her designated representative is to witness all tests and a log of inspection visits
and testing results is to be kept by the engineer of record or his/her representative.
5. Existing easements for drains, canals or supply ditches (not including prescriptive
easements) and appropriate easements, existing or new, for transmission lines, and
other utilities shall be clearly indicated on the submitted site plan.
6. No structures shall be placed within easements.
7. Any note, item or drawing element on the plats, construction drawings, engineering
drawings and/or design drawings related to the property inconsistent with City Codes,
Policies and/or Ordinances shall not be construed as approved unless it has been
specifically addressed and granted by City Council as a deviation.
2.7.4 Fire protection: The Caldwell Fire Department was sent a request for comments on May 8,
2008. No response was received.
2.7.5 Landscaping: Open space is not required. Pathways are not required. The street frontage is a
local street and as such does not require a street landscape buffer. Trees and grass have
been provided around the perimeter to serve as buffers between differing uses.
Fencing: Chain link fencing exists on the property surrounding the building proposed for the
school. Slats will need to be placed in the chain link fencing to provide privacy and buffering.
The frontage around Timbre Place does not require fencing. No fencing over 3 feet in height
can be placed in any vision triangle.
SUP-311-08 (Vallivue alternative school) Page 3 of 6
ORDER OF DECISION
Signage: No signage descriptions or requests were included with the application. All signage
will require a sign permit prior to sign installation.
Parking: The current ordinance does not have any parking requirements for a school.
However, should parking be provided, it must be paved and striped in accordance with the
specifications in the ordinance and handicapped parking shall be provided per state and
federal regulations.
III TESTIMONY BEFORE THE HEARING EXAMINER, JUNE 3, 2008
3.1 Anne Marie Skinner, Senior Planner, presented the staff report and submitted an aerial photo
labeled as exhibit PZ-1000.
3.2 Jim Main, applicant's representative, provided supporting testimony.
3.3 George Grant, superintendent of Vallivue Schools, stated that he didn't have any additional
information to present.
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 Hearing Examiner accepted the Comprehensive Plan Components as listed below.
5.1 The proposed project is consistent with the following Comprehensive Plan Components:
A. Property Rights -
GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate
property rights, adversely impact property values or create unnecessary technical limitations
on the use of the property.
OBJECTIVE A: To establish a sound basis for land use and environmental regulations
through comprehensive planning and adopted policies and ordinances.
OBJECTIVE B: To identify potential takings of private property prior to a regulatory or
administrative action on specific property.
POLICY 1: Staff will follow the Attorney General's Checklist Criteria outlined in the Idaho
Regulatory Taking Act Guidelines prior to initiating any proposed regulatory or administrative
action on specific property, and to request legal counsel's review if any one of the criteria is
answered in the affirmative. Staff reviewed the five criteria outlined in the Takings Act
Guidelines and did not answer yes to any of the criteria.
B. School Facilities and Transportation —
GOAL: To provide ongoing opportunity for school representatives of Caldwell and Vallivue
School Districts to participate in the community planning process.
SUP-311-08 (Vallivue alternative school)Page 4 of 6
ORDER OF DECISION
OBJECTIVE A: To enhance the quality of life in the community through educational
opportunity.
OBJECTIVE B: To ensure adequate school facilities and services that meet the educational,
social and recreational needs of the community.
C. Land Use —
GOAL I: To 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.
5.2 The proposed project is not inconsistent with any of the Comprehensive Plan Components.
Staff recommends approval of the request with conditions.
VI FINDINGS OF FACT
6.1 The Hearing Examiner accepted the facts outlined in the staff report, public testimony, and the
evidence list as presented.
VII CONCLUSIONS OF LAW
7.1 The 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 No. SUP-311-08, a request by Alberto Contreras, Vallivue School District and
Design West for a special use permit for a new Vallivue alternative school in a C-3 Service
Commercial zone is approved with the following conditions of approval:
8.2 The specific terms and conditions placed on the Special Use Permit shall run with the land or
until such time as the Permit may be revoked, become invalid, replaced with another
approved use or the use is discontinued for more than a year. The Special Use Permit is not
transferable from the approved site to another site.
8.3 The Special Use Permit is transferable from the current applicant/developer to another
applicant/developer provided a Change of Occupant application is submitted and the
appropriate certificate is issued by the City.
8.3 The applicant/developer and owner, and any future assigns having an interest in the subject
property, shall fully comply with all conditions placed upon the Special Use Permit.
8.4 No change(s) to the conditions and terms of the Special Use Permit, as approved, shall be
undertaken until the Planning and Zoning Department Director has reviewed the proposed
change(s) and determined whether or not the change(s) is substantial. If the change(s) is
determined to be substantial, the change(s) shall only be allowed if approval is received
through the public hearing process.
SUP-311-08 (Vallivue alternative school) Page 5 of 6
ORDER OF DECISION
8.5 Any violation of the terms and conditions of the Special Use Permit shall be deemed a
misdemeanor and subject to the provisions set forth in Idaho Code, 18-113. Each day's
continued violation will be deemed a separate offense.
8.6 Certificates of occupancy must be obtained before any buildings or structures on the subject
property are occupied or opened for business.
8.7 A sign permit shall be obtained prior to installing any new sign at the site. Any new signs on
the site shall meet all requirements of the most current sign ordinance in place at the time of
applying for a sign permit.
8.10 Off-street parking shall be paved and striped, in accordance with the parking ordinance, and
handicapped parking shall be provided as per state and federal regulations. A minimum of
eleven parking spaces shall be provided for the requested use. All parking shall be completed
by the applicant/developer and inspected by the Planning and Zoning Department prior to
issuance of a certificate of occupancy.
8.11 Privacy slats shall be installed in the existing chain link fence prior to issuance of the
certificate of occupancy.
8.12 All items listed under Section 2.7.3 shall be met and adhered to prior to the issuance of a
certificate of occupancy.
8.13 All city, state and federal regulations regarding any activity, building or business operation on
the subject property shall be met prior to issuance of any certificates of occupancy.
8.14 Special use permit approval is valid for six consecutive months counted from the date of the
signed Order of Decision. Should a Certificate of Occupancy not be obtained within that
timeframe the special use permit approval shall become null and void unless a time extension
is requested and granted by the Planning and Zoning Director.
8.15 All landscaping shall be installed as per the approved landscaping plan submitted with the
application and identified as A-5 in the case file; landscaping shall be installed by the
applicant/developer and inspected by the Planning and Zoning Department prior to issuance
of a certificate of occupancy.
CASE NUMBER SUP-311-08 WAS HEARD BY THE HEARING EXAMINER AT A PUBLIC HEARING
HELD JUNE 3, 2008.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE ORDER OF DECISION WERE
ADMINISTRATIVELY APPROVED AND SIGNED BY THE HEARING EXAMINER ON THE DATE
NOTED B L','L .
lam.(/.
M. Jerome Mapp _,.-
K; k-, y
Datfe
O' E:Vp
A . - ari S I•r.17ior Planner
SUP-311-08 (Vallivue alternative school)Page 6 of 6
ORDER OF DECISION