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CODE ENFORCEMENT REPORT
Date 03-09-2009 Case No. 2009-03-09-1026
Location:
Vision Charter School www.visioncharter.net
20185 Lobo Avenue
Caldwell, ID 83605
Complainant(s):
Planning and Zoning Department
Complaint:
Verify compliance with conditions as set forth with SUP-294-07
Property Owner:
Owyhee Mountain Ventures LLC
Mike Homan
2229 W State Street
Boise, ID 83702 r
Business Owner: a
Vision Charter School, Inc.
23640 Lansing Lane 0
Middleton, ID 83644
2
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INSPECTION RESULTS Page 2 2009-03-09-1026
03-09-2009
At the request of the Planning and Zoning Department, the conditions of SUP-394-07
are being inspected for compliance. Relevant conditions are as follows:
8.6. A building permit or change in use permit shall be obtained
within 12 months from the date of signing the Order of
Decision or the developer, or future assigns having an interest in
the subject property, shall request a six-month extension from the
Planning and Zoning Director. No further extensions shall be
ranted. Any new uses at the site are subject to the appropriate City
agency review.
8.10. The developer shall meet the provisions of the City's landscape
ordinance.
8.11. The developer shall obtain a sign permit prior to installing any sign
at the site in accordance with Section 10-02-06 of Caldwell Zoning
Ordinance No. 1451.
8.12. Lighting shall be downward facing.
8.13. The applicant shall provide at least 31 off-street parking spaces.
8.14. The special use permit is valid for a maximum of four (4) calendar
years from June 12, 2007.
8.15. An all-weather surface parking area shall be allowed.
A site inspection was conducted and it was found that the subject property is in
compliance with conditions of SUP-294-07.
CASE CLOSED
2.2 REQUEST: A special use permit is being requested to operate a charter school on
approximately 1.40 acres of ground.
2.3 BACKGROUND: The facility will be on property within Woodgate Subdivision on Lots 1
through 9 of Block 2. The final plat for Woodgate Subdivision was recorded November 20,
2006.
2.4 LOCATION: The subdivision is east of Ward Lane and north of Highway 20-26. The lots for
the school site are between Croatan Street and Willamette Way to the north and south,
respectively, and between Challis Avenue and Lolo Avenue to the west and east, respectively.
2.5 LEGAL DESCRIPTION: The legal description for the project is Lots 1-9, Block 2 of Woodgate
Subdivision, Section 19, Township 4 North, Range 2 West, Boise Meridian, Caldwell, Canyon
County, Idaho recorded as Instrument No. 200692293 in Book 38, Page 50 of Plats. A copy of
the recorded plat has been placed in the file and incorporated as part of the application.
2.6 COMPREHENSIVE PLAN DESIGNATION: The subject property has a Caldwell
Comprehensive Plan Map designation of Low Density Residential. The project is consistent
with the Comprehensive Plan Map.
2.7 COMPREHENSIVE PLAN ANALYSIS:
2.7.1 PROPERTY RIGHTS: Staff reviewed the five checklist criteria set forth by the Attorney
General in the "Idaho Regulatory Takings Act Guidelines" and did not answer yes to any of the
criteria.
2.7.2 SCHOOL FACILITIES AND TRANSPORTATION: Subject of application.
2.7.3 LAND USE: The site is immediately adjacent to single-family residential lots. The area further
west is zoned R-1 Single-Family Residential and is the Virginia Park Subdivision. South of
Highway 20-26 is Delaware Park Subdivision, which is zoned R-1 Single-Family Residential,
and a strip of land that is zoned C-2 Community Commercial. North of the subject property is
the recently-approved Mandalay Ranch Subdivision. East of the property is within the City's
impact area under Canyon County zoning classifications and is being used for agricultural and
residential purposes.
2.7.4 TRANSPORTATION: The site is surrounded on all four sides by roads, namely Croatan
Street, Lolo Avenue, Willamette Way and Challis Avenue. The main entrance to this site faces
Challis Avenue and will loop through to an exit onto Lolo Avenue. Canyon Highway District
No. 4 was notified of this request on May 22, 2007 and no response was received.
2.7.5 PUBLIC SERVICES, UTILITIES AND FACILITIES: Caldwell Building Department, Idaho
Power, Intermountain Gas, Pioneer Irrigation District and Caldwell Engineering Department
were all notified of this request on May 22, 2007. No responses were received from Caldwell
Building Department, Idaho Power, Intermountain Gas or Pioneer Irrigation District. The
Caldwell Engineering Department responded in a memo dated June 11, 2007 with the
following comments:
The Engineering Department provides the following comments on a request by Mike Homan,
Owyhee Mountain Ventures LLC and Vision Charter School for a Special Use Permit for a
Case No. SUP-294-07(Vision Charter School) Page 2 of 10
ORDER OF DECISION
VIII ORDER OF DECISION
8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning
Commission hereby orders that Case No. SUP-294-07, a request by Mike Homan, Owyhee
Mountain Ventures LLC and Vision Charter School for a special use permit for a charter school
located in Woodgate Subdivision in an R-1 Single-Family Residential zone is hereby
approved with the following conditions: c.
8.2 The specific terms and conditions placed on the Special Use Permit shall run with the land and
remain valid upon a change of ownership, or until such time 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 developer and any and all 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 to the conditions and terms of the Special Use Permit, as approved, shall be
undertaken by the developer, or future assigns having an interest in the subject property, until
the Planning and Zoning Director has reviewed the proposed change(s) and determined
whether or not the change(s) is substantial. If the change(s) are determined to be substantial,
an amendment shall only be approved by the public hearing process.
8.5 Any violation of the terms and conditions of the Special Use Permits by the developer or future
assigns having an interest in the subject property, will 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 A building permit or change in use permit shall be obtained within 12 months from the
date of signing the Order of Decision or the developer, or future assigns having an interest
in the subject property, shall request a six-month extension from the Planning and Zoning
Director. No further extensions shall be granted. Any new uses at the site are subject to the
appropriate City agency review.
8.7 Occupancy load shall be as approved by the Building Official and Fire Marshal.
8.8 All of the requirements placed on the building permit by the Planning and Zoning Director,
Building Official, Fire Marshall, City Engineer and any other applicable agency having review
authority shall be met prior to an occupancy permit being issued.
8.9 The developer shall utilize irrigation water to the extent it is available, for watering landscape,
not potable water.
8.10 The developer shall meet the provisions of the City's landscape ordinance.
8.11 The developer shall obtain a sign permit prior to installing any sign at the site in accordance
with Section 10-02-06 of Caldwell Zoning Ordinance No. 1451.
8.12 Lighting shall be downward facing.
8.13 The Applicant shall provide at least 31off-street parking''spaces.
Case No. SUP-294-07(Vision Charter School) Page 9 of 10
ORDER OF DECISION
8.14 The special use permit is valid for a maximum of four (4) calendar years from June 12, 2007.
8.15 An all-weather surface parking area shall be allowed.
CASE NUMBER SUP-294-07 WAS HEARD BY THE PLANNING AND ZONING COMMISSION AT A
PUBLIC HEARING HELD JUNE 12, 2007.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE ORDER OF DECISION WERE
ADMINISTRATIVELY APPROVED AND SIGNED BY THE PLANNING AND ZONING VICE
CHAIRPERSON ON THE DATE NOTED BELOW.
`Michael Jakobson,Vicethairperson
"/C) 07/
Date` f
ATTEST:
n Billingsley, Planning Director
Case No. SUP-294-07 (Vision Charter School) Page 10 of 10
ORDER OF DECISION