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HomeMy WebLinkAboutVelez Annexation CC FCO (2)CITY OF CALDWELL CASE NO: ANN23-000013 Velez Annexation FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER BEFORE 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 ) ) ) ) ) ) ) ) ) ) ) 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 CITY OF CALDWELL CASE NO: ANN23-000013 Velez Annexation FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 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 1. The Council has the authority to approve or deny the application; 2. The land is contiguous or adjacent to city limits; 3. Private landowners raised no objection and consented to annexation; and CITY OF CALDWELL CASE NO: ANN23-000013 Velez Annexation FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 4. 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. 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. The applicant shall comply with all landscaping requirements based on Caldwell City Code, Chapter 10, Article 7. 7. This approval is for this application only. Additional permits, licenses and approvals may be necessary. 8. The property owner is responsible for the maintenance of all landscaping and screening devices required. 9. 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. CITY OF CALDWELL CASE NO: ANN23-000013 Velez Annexation FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Exhibit 1 - Attachment A Site Plans CITY OF CALDWELL CASE NO: ANN23-000013 Velez Annexation FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Exhibit 1 - Attachment B City of Caldwell Engineering Comments and Conditions of Approval Isaias Velez Annexation ANN23-000013 Page 1 of 1 Memorandum To: Alex Jones, Associate Planner From: TJ Frans, Project Manager Steven Pendleton, Plans Examiner II Re: ANN23-000013 Date: October 31, 2023 The Engineering Department provides the following comments on a request by Isaias Velez is requesting annexation of parcel R3572700000 with a zoning designation of R-2 (Medium Density Residential). The parcel is 0.43 acres and has one existing single-family residence. No redevelopment is proposed at this time. The subject parcels are located on the north side of Ustick Rd., approximately 1,200 feet west of the roundabout at Indiana Ave., in Caldwell, Idaho. Rights-of-Way 1. E. Ustick Rd. is classified as a Principal Arterial. The applicant shall dedicate as public right-of- way a minimum forty-eight (48) foot half width right-of-way (from centerline) along the entire frontage (per City Standard R-810 A). CITY OF CALDWELL CASE NO: ANN23-000013 Velez Annexation FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Exhibit 1- Attachment C City of Caldwell Fire Department Comments and Conditions of Approval 403 Blaine Street  Caldwell, ID 83605  Phone 208-649-1266  Fax 208-455-3014 Date 9/20/2023 Caldwell City – Planning and Zoning Re: ANN23-000013 Dear Angelica Gomez, Project: We are in the process to annexing our property over to the city of Caldwell, currently we sit under the zone of Canyon County. We have our own septic tank and water well however with this annexation into the city of Caldwell we would be needing to connect to their sewage and water plan. Once the annexation is completed, we have multiple options of what we would like to do with the property since we would be planning on splitting the property into A&B parcels it given approval by city. Both properties would share one point of entry (driveway), and if approved we'd be interested into developing the options below on each property within the next 2-5 years. We plan on staying in our current R-2 zone. Option: A: Build a duplex in each property. Option B: Build a single-family home on each property. Option C: Add mobile homes on each property. We will build one option from above that the city of Caldwell approves. The Caldwell Rural Fire Protection District has reviewed and can approve the application subject to compliance with all the following code requirements and conditions of approval. Any deviation from this plan is subject to Fire Department approval. Please note that unless stated otherwise, this memo represents the requirements of the 2018 International Fire Code (IFC) as adopted by the Idaho State Fire Marshal’s Office. Comments/Conditions: NOTE: This is a basic list of conditions due to the unknown use of the property. 1. Fire hydrants, capable of producing the required fire flow, shall be located along approved fire lanes. Fire hydrant spacing shall meet the requirements of IFC table C105.1.1 (IFC 507.3, IFC B105.2, IFC C105). 2. Structures greater than 30-feet in height will require aerial fire access roadways. These roadways shall be a minimum of 26-feet in width and located at least 15- feet but no more than 30-feet from the building. (IFC D105) 403 Blaine Street  Caldwell, ID 83605  Phone 208-649-1266  Fax 208-455-3014 3. Roadway serving a fire hydrant shall be a minimum of 26-feet in width. (IFC D103.1) 4. Dead-end fire apparatus access roads exceeding 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. (IFC 503.2.5) 5. Fire apparatus access roads shall extend to within 150 feet of all portions of the exterior walls of the first story of a building measured by an approved route around the exterior of the building or facility. (IFC 503.1.1) 6. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. (IFC 503.2.1) 7. The minimum outside turning radius of a fire apparatus access road shall be 48 feet. The minimum inside turning radius shall be 28 feet. (IFC 503.2.4) 8. Fire apparatus access roads shall have an approved driving surface of asphalt, concrete or other approved driving surface and can support the imposed load of fire apparatus weighing at least 80,000 pounds. Please provide documentation the road surface meets this standard. (IFC D102.1) 9. Fire apparatus access roads shall not exceed 10 percent in grade. (IFC D103.2) 10. Access gates shall comply with requirements of the IFC. If gates are electronically operated, they shall be equipped with an automatic opening mechanism activated by the Opticom system. Manual gates shall be secured with a Knox brand padlock (IFC 503.6, D103.5). 11. 501.4 Timing of installation. Where fire apparatus access roads or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except where approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection where construction of new roadways allows passage by vehicles( IFC 501.4, 505.2) 12. An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible materials arrives on the site. (IFC 3312.1) 13. Secondary access requirements are provided in Appendix D and are required sections (IFC D104- 104.3) 403 Blaine Street  Caldwell, ID 83605  Phone 208-649-1266  Fax 208-455-3014 General Requirement: Fire Department required fire hydrants, access, and street identification shall be installed prior to construction or storage of combustible materials on site. Provisions may be made for temporary access and identification measures. Specific building construction requirements of the International Building Code, International Fire Code and City of Caldwell Code will apply. However, these provisions are best addressed by a licensed Architect at time of building permit application. Regards, Alan Perry Division Chief Fire Marshal Caldwell Rural Fire Protection District Aperry@cityofcaldwell.org CITY OF CALDWELL CASE NO: ANN23-000013 Velez Annexation FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Exhibit 1 – Attachment D Approved Planning & Zoning Commission Findings of Facts, Conclusions of Law, and Recommendation / Order CITY OF CALDWELL CASE NO: ANN23-000013 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 1 BEFORE THE CALDWELL P&Z COMMISSION 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 ) ) ) ) ) ) ) ) ) ) ) FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF RECOMMENDATION Case No. ANN23-000013 This matter came before the Caldwell Planning and Zoning Commission (“Commission”) for hearing and consideration on the 8th day of November 2023, upon a request filed by the applicant, the City of Caldwell (“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 CASE NO: ANN23-000013 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 2 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 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 Commission 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 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 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 1. The Commission has the authority to approve or deny the application; 2. The land is contiguous or adjacent to city limits; 3. Private landowners raised no objection and consented to annexation; and 4. The proposed annexation meets the required approval criteria and standards as set forth in Caldwell City Codes and is eligible for annexation. CITY OF CALDWELL CASE NO: ANN23-000013 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 3 III CONDITIONS OF APPROVAL The recommendation for approval of the application requests for (ANN23-000013), are subject to the adherence with the following conditions. 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. The applicant shall comply with all landscaping requirements based on Caldwell City Code, Chapter 10, Article 7. 7. This approval is for this application only. Additional permits, licenses and approvals may be necessary. 8. The property owner is responsible for the maintenance of all landscaping and screening devices required. 9. 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.