HomeMy WebLinkAboutVelez Annexation CC FCOBEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION OF PARCEL R3572700000 APPROXIMATELY .43 ACRES WITH A ZONING DESIGNATION OF R-2
Property Owner: Isaias Velez
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. ANN23-000013
This matter came before the Caldwell City Council (“Council”) for hearing and consideration on the 5th day of December, 2023, upon a request filed by applicant Isaias Velez (“Applicant”),
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
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
Council 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 R3572700000 with a zoning designation of R-2 (Medium Density Residential) on approximately 0.43 acres, located in a portion of 34-4N-3W
SE TAX 95435 IN SESWSE T71611, the City Council received and reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on May 8, 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 November 8, 2023, at which time city staff presented a staff report along with an analysis of the application
and all pertinent information on the case. The applicant then presented their 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 the annexation
(ANN23-000013; and
A public hearing on the annexation request was held before the City Council on December 5, 2023, at which time city staff presented a staff report along with an analysis of the application
and all pertinent information on the case. The applicant then presented their requests; and oral testimony in opposition, neutral, and in favor were taken and made a part of the permanent
record of evidence.
Based upon the testimony, information received, the record of evidence presented, and consideration of the recommendation from the Commission, the City Council voted to APPROVE the
request for a annexation, subject to the conditions herein. In approving the requests, the City Council concluded the following:
The application approval process has complied with the public notice and hearing requirements of Idaho Code and Caldwell City Code; and
ANNEXATION
The Council has the authority to approve or deny 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
The approval of the application requests for (ANN23-000013), 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 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.
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.
The applicant shall comply with all landscaping requirements based on Caldwell City Code, Chapter 10, Article 7.
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.
IV
ORDER OF DECISION
The Council, 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 R3572700000 with a zoning designation of R-2 (Medium Density Residential) on approximately 0.43 acres, located in a portion of 34-4N-3W SE TAX
95435 IN SESWSE T71611 is APPROVED SUBJECT TO THE CONDITIONS OF APPROVAL LISTED HEREIN.
These Findings of Fact, Conclusions of Law and Decision are approved and adopted by the Caldwell City Council on this 5th day of December 2023
_____________________________________ ___________________
Mayor Jarom Wagoner Date
ATTEST:
_______________________
City Clerk
Exhibit 1 - Attachment A
Site Plans
Exhibit 1 - Attachment B
City of Caldwell Engineering Comments and Conditions of Approval
Exhibit 1- Attachment C
City of Caldwell Fire Department Comments and Conditions of Approval
Exhibit 1 – Attachment D
Approved Planning & Zoning Commission
Findings of Facts, Conclusions of Law, and Recommendation / Order