HomeMy WebLinkAbout208 Tire PZ FCOBEFORE THE CALDWELL P&Z COMMISSION
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A ANNEXATION OF ADJACENT RIGHT-OF-WAY, WITH A PROPOSED ZONING DESIGNATION OF H-C (HIGHWAY CORRIDOR), WHERE THE 2040 COMPREHENSIVE PLAN LAND USE DESIGNATION IS HC (HIGHWAY CORRIDOR)
Property Owner: Robert Patrick Nunemacher
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF
RECOMMENDATION
Case No. ANN22-000004
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This matter came before the Caldwell Planning and Zoning Commission (“Commission”) for hearing and consideration on the 26th day of July, 2023, upon a request filed by applicant Robert
Patrick Nunemacher (“Applicant”), on behalf of Robert Patrick Nunemacher, 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
10-03-12
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
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
Commission 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 an annexation of parcel R3431301000 (approx. 2.71 acres), to include annexation of adjacent right-of-way, with a proposed zoning designation of H-C (Highway
Corridor),, located in the 30-4N-2W NE N 350' OF TX 8 IN E 1/2 NENE LS RDS, the Commission received and reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on May 5, 2023, in compliance with Chapter 10 Article 3 Section 12 of Caldwell City Code.
A public hearing on the requested annexation was held before the Commission on July 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 Commission. 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 Commission made a RECOMMENDATION TO THE CITY COUNCIL FOR APPROVAL of the request for a annexation,
subject to the conditions herein; and
In approving the request for a annexation, the Commission concluded the following:
The application decision process has complied with the public notice and hearing requirements of Idaho Code and Caldwell City Codes; and
ANNEXATION
The Commission has the authority to make a recommendation for approval or denial of the application;
The land is contiguous or adjacent to city limits;
Private landowners raised no objection and consented to annexation; and
The proposed annexation meets the required approval criteria and standards as set forth in Caldwell City Codes and is eligible for annexation.
III
CONDITIONS OF APPROVAL
The recommendation for approval of the application requests for (ANN22-000004), are subject to the adherence with the following conditions.
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.
Any nuisances existing on the property (weeds, trash, debris, etc) shall be resolved and in compliance with city codes prior to the approval of any construction drawings and/or issuance
of building permits.
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.
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.
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 Attachment C must be met.
Comply with all requirements of the City Engineering Department as specified in their memo dated 3rd day of April, 2023 and shown in Attachment B.
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.
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.
Building Elevations. The Building Elevations (Exhibit 1, Attachment A)) represents the Owner’s current concept for the style of architecture, architectural features, colors, finishes
and
materials, and surrounding landscaping for the project. As the building design 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, or that such change is a substantial
enough change from the elevations 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. The Owner
understands and agrees that any changes or modifications to the building elevations must submitted to the City for review and approval prior to construction of such.
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.
The applicant shall comply with all landscaping requirements based on Caldwell City Code, Chapter 10, Article 7.
Landscape Maintenance: All landscaping and screening devices shall be maintained in an attractive, live, safe and healthy manner.
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 islands.
Proposed fencing must comply with Caldwell City Code Section 10-02-07.
This approval is for this application only. Additional permits, licenses and approvals may be necessary.
The property owner is responsible for the maintenance of all landscaping and screening devices required.
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.
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
IV
ORDER OF RECOMMENDATION
The Commission, 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 annexation of parcel R3431301000 (approx. 2.71 acres), to include annexation of adjacent right-of-way, with a proposed zoning designation of H-C (Highway
Corridor),, located in the 30-4N-2W NE N 350' OF TX 8 IN E 1/2 NENE LS RDS is RECOMMENDED FOR APPROVAL, SUBJECT TO THE CONDITIONS OF APPROVAL LISTED HEREIN.
_____________________________________ __________________
Chair Date
ATTEST:
______________________
Director
Exhibit 1 - Attachment A
Site Plans, Elevations, and Landscape Plans
Exhibit 1 - Attachment B
Engineering Comments and Conditions of Approval
Exhibit 1 - Attachment C
City of Caldwell Fire Department Comments and Conditions of Approval