HomeMy WebLinkAboutChickasaw_CC_FCO_ 2023-09-05BEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION OF PARCELS
R3266801200, R21518100000 , R58200000, AND
R3266801300 TO INCLUDE A PRELIMINARY
PLAT FOR A 400 SINGLE FAMILY HOME
SUBDIVISION IN THE R-1 (LOW DENSITY
RESIDNETIAL) ZONE AND TO INCLUDE
APPROVAL OF MSA 20-01 WITH
ADDENDUM (IN LIEU OF A DEVELOPMENT
AGREEMENT) ASSOCIATED WITH THE
ANNEXATION.
Property Owner: Roosevelt Star, LLC.
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. ANN22-000028; SUB22-000045
Associated Case No. ANN23-000002;
ANN23-000003; ANN23-000004
This matter came before the Caldwell City Council (“Council”) for hearing and consideration on the 5th day
of September, 2023, upon a request filed by applicant Becky Yzaguirre (“Applicant”), on behalf of
Roosevelt Star, LLC. , 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
Caldwell City Code Chapter 11
Subdivisions
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 (ANN22-000028/SUB22-000045)
Regarding the request for an Annexation (ANN22-000028) and Preliminary Plat (SUB22-000045) in an R-
1 (Low Density Residential) zone approximately 145.55 acres on Parcel R3266801300, located in the 08-
3N-3W NE TX 07342 IN NE & E1/2 NW LS TX 22711, the City Council received and reviewed the record
and finds and concludes the following:
A neighborhood meeting was held by the applicant on October 4, 2022, in compliance with Chapter 10
Article 3 Section 12 of Caldwell City Code.
A public hearing on the requested Annexation (ANN22-000028) and Preliminary Plat (SUB22-000045)
were 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. 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 DENIAL of the request for an Annexation
(ANN22-000028) and Preliminary Plat (SUB22-000045), to include a recommendation for approval of the
MSA-20-01 and addendum, subject to the conditions herein; and
A public hearing on the Annexation (ANN22-000028) and Preliminary Plat (SUB22-000045) requests were
held before the City Council on September 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 an
Annexation and Preliminary Plat, to include approval of MSA-20-01 with addendum in lieu of a
development agreement, 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 Commission has the authority to make a recommendation for approval or denial of 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.
PRELIMINARY PLAT
1. The Commission has the authority to recommend approval or denial of the application;
2. The plat is in compliance with "city code";
3. The plat is consistent with the city comprehensive plan;
4. Public services and utilities are available or can be made available and are adequate to accommodate
the proposed subdivision;
5. The subdivision does not have any natural, scenic or historic features that need to be preserved;
6. The proposed preliminary plat meets the required approval criteria and standards as set forth in
Caldwell City Codes.
III
FINDINGS OF FACT, CONCLUSIONS OF LAW (ANN23-000002/ ANN23-
000003/ ANN23-000004)
Regarding the request for an Annexation (ANN23-000002, ANN23-000003, and ANN23-000004) in an R-1 (Low Density Residential) zone approximately 7.27 acres on Parcel(s) R3266801200, R21518100000,
and R58200000, located in the 08-3N-3W NE TX 09122 NENE, and 04-3N-3W SW DUNNS PLAT LOT 2 BLK 1 T74041, and 04-3N-3W SW DUNNS PLAT LOT 1 BLK 1, the City Council received and reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on October 4, 2022, 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 DENIAL of the request for an Annexation,
to include a recommendation to approved the MSA-20-01 and addendum, subject to the conditions herein;
and
A public hearing on the Annexation (ANN23-000002, ANN23-000003, and ANN23-000004) requests were
held before the City Council on September 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 an
Annexation and Preliminary Plat, to include approval of the MSA-20-01 and addendum in lieu of a
Development Agreement, 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 Commission has the authority to make a recommendation for approval or denial of 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. IV
CONDITIONS OF APPROVAL
The recommendation for approval of the application requests for (ANN22-000028 and SUB22-
000045), are subject to the adherence with the following conditions. The following conditions do not
apply to ANN23-000002, ANN23-000003, or ANN23-000004.
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
Municipal Services Agreement or in the Order of Decision.
2. 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.
3. If this rezone is a result of a request by a property owner based upon a valid, existing comprehensive
plan and zoning ordinance, the governing board shall not subsequently reverse its action or
otherwise change the zoning classification of said property without the consent in writing of the
current property owner for a period of four (4) years from the date the governing board adopted
said individual property owner’s request for a zoning classification change.
4. 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.
5. 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.
6. 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.
7. Comply with all requirements of the City Engineering Department as specified in their memo dated 29th day of September, 2023 and shown in Attachment B.
8. The development shall utilize cluster mailboxes for delivery of mail. Individual mailboxes shall
not be allowed. A cluster mailbox placement plan shall be submitted to the Planning and Zoning
department showing coordination with the United States Postal Services prior to submitting the
construction drawings.
9. 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 Municipal
Service Agreement, whichever is more restricted.
10. Subdivision Construction Signage: At the time of development a "rules and regulations" sign
shall be posted and maintained at the entryways to the project until it is fully developed and build
out is complete. The signs would be intended for subcontractors performing work and should
include: a) no dogs; b) no loud music; c) no alcohol or drugs; d) no abusive language; e) disposal
of personal trash and site debris; f) daily cleanup of any mud and/or dirt that is deposited from the
construction parcel onto streets; g) installation of a temporary construction fence that would keep
debris from being blown off site by the wind; h) no burning of construction or other debris on the
property.
11. Preliminary Plat Expiration: Preliminary plat approval is valid for twenty-four (24) months from
the date of signature on the approving order of decision, meaning a final plat must be recorded
within twenty-four (24) months of the date of signature on the approving order of decision for the
preliminary plat.
12. Phased Subdivisions: The subdivider may file and obtain acceptance of successive final plats for
continuous segments of the approved preliminary plat without reapplication for preliminary plat
approval, provided that final plats are recorded in successive intervals of not more than one year
each, as measured from the date of signature on the approving order of decision for the
preliminary plat, and provided that "city code", as herein defined, and any subsequent
amendments as adopted by the city before, during or after preliminary plat approval, is followed
in all design, engineering plans, construction and final plats for all phases, with the exception of
lot sizes, lot dimensions, setbacks, number of lots and any exceptions approved at the time of
preliminary platting, which shall remain as indicated in the preliminary plat order of decision
and/or Municipal Services Agreement.
13. 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.
14. Approved Subdivision Name. No changes to an approved subdivision name on a preliminary
plat shall occur unless a request is initiated through the filing of a Subdivision Name Change
Request Application for administrative staff level review and approval. If approved, preliminary
plat drawings will need to be amended and submitted to the Planning and Zoning Department
with the reflected subdivision name change prior to the acceptance and/or approval of
construction drawings. All construction drawings and final plats shall reflect the new approved
subdivision name. Upon recordation of the final plat, all recorded subdivisions shall be known
and referred to by the city approved subdivision name, in all permanent or temporary signage
physically located on or near the location of the subdivision, and on all deeds and legal
documents. This requirement shall continue through the development of each phase of the
subdivision and shall survive completion of the subdivision unless a request is initiated through
the filing of a Subdivision Name Change Request Application for administrative staff level
review and approval. If approved, an amended final plat drawing in compliance with 11-02-02
(2) will be required. A variation in the subdivision name required by this chapter may be
permitted for parcels within the subdivision that are being developed solely for commercial or
multi-family commercial apartments, as approved by the city, and may be designed and
constructed as their own separate phases which do not have to follow the subdivision phasing
sequencing required by 11-02-03 (1) (G). Owners and developers acting in violation of this
requirement shall subject to the administrative citation process outlined in Section 10-03-13 of
this Code.
15. Plat Modifications or Replats. A revised copy of the plat shall be required to be submitted to the
Planning and Zoning Department within forty-five (45) days of the final approval by City
Council. Final plat modifications or replats will require a revised final plat to be recorded and a
copy of the recorded plat shall be submitted to the Planning and Zoning Department within forty-
five (45) days of the final approval by City Council.
16. Approved Street Names, Street Layout, Lot and Block Numbering, and Subdivision Phasing Plan.
No changes to the approved street names, street layout and configuration, lot and block
numbering, or subdivision phasing plan shall occur without prior approval from the City of
Caldwell Mapping Division. Any substantial changes from what was originally approved may
require additional public hearings.
17. Homeowner’s Association CCNRs: The applicant will be required to submit the CCNRs to the
City staff for review approval prior to recordation; the CCNRs shall include provisions for an
architectural review committee.
18. Building Design. The Building Design guidelines are outlined in the Municipal Services
Agreement recorded under Instrument number #2020-043549. Prior to issuance of a building
permit for individual lots, the applicant shall be required to provide a letter of approval from the
Chickasaw HOA architectural review committee verifying compliance with the building design
guidelines outlined in the Municipal Services Agreement, the CCNRs, and City Code.
19. 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.
20. The applicant shall comply with all landscaping requirements based on Caldwell City Code,
Chapter 10, Article 7.
21. Landscape Maintenance: All landscaping and screening devices shall be maintained in an
attractive, live, safe and healthy manner.
22. 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.
23. Proposed fencing must comply with Caldwell City Code Section 10-02-07.
24. This approval is for this application only. Additional permits, licenses and approvals may be
necessary.
25. The property owner is responsible for the maintenance of all landscaping and screening devices
required.
26. 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.
27. 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
28. The applicant shall submit a recorded easement for the emergency access road being provided over
Parcel R32668013B0 and provisions of maintenance prior to submittal of a final plat application.
29. No landscaping shall be located within the easement of the Burris Lateral and the existing access
shall remain a flat drivable surface.
30. Off-street parking space requirements for each residential lot shall be provided at time of build-out
and shall adhere to City Code.
31. The major pathways (along the Burris Lateral) must be within a public access easement identified
on the plat. There shall be one trash receptacle and park bench provided for every six hundred (600)
linear feet of pathway area, and one streetlight for every one hundred fifty (150) linear feet of
pathway area. Said trash receptacles and park benches shall be selected from those allowed under
subsection 10-12-05(8)A2 of this chapter. Said streetlights shall meet all the requirements listed
under subsection 10-12-05(14)B of this chapter.
32. The development must comply with the Municipal Service Agreement MS-20-01, recorded under
Instrument number #2020-043549.
33. All landscaping buffers along Homedale Rd. and Farmway Rd. must be completed with
development of each phase.
34. All landscape islands within the right-of-way must be numbered as a common lot.
35. The applicant shall continue to be in communication with the surrounding landowners.
III
CONDITIONS OF APPROVAL (ANN23-000002/ANN23-000003/ANN23-00004)
The recommendation for approval of the application requests for (ANN23-000002, ANN23-000003,
and ANN23-000004), 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 Order
of Decision.
2. 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.
3. If this rezone is a result of a request by a property owner based upon a valid, existing comprehensive
plan and zoning ordinance, the governing board shall not subsequently reverse its action or
otherwise change the zoning classification of said property without the consent in writing of the
current property owner for a period of four (4) years from the date the governing board adopted
said individual property owner’s request for a zoning classification change.
4. 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.
5. 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.
6. 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.
7. Comply with all requirements of the City Engineering Department as specified in their memo dated 29th day of August, 2023 and shown in Attachment B, as applicable to the parcels.
8. 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 Municipal
Services Agreement, whichever is more restricted.
V
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 an Annexation (ANN22-000028) and Preliminary Plat (SUB22-000045) on approximately
145.55 acres (Parcel R3266801300) located in the 08-3N-3W NE TX 07342 IN NE & E1/2 NW LS TX
22711, to include the MSA-20-01 and addendum in lieu of a development agreement, associated with the
annexation (ANN22-000028); and the Annexation of approximately 7.27 acres (Parcels R3266801200
(ANN23-000002), R21518100000 (ANN23-000004), R58200000 (ANN23-000003)) located in the
08-3N-3W NE TX 09122 NENE, and 04-3N-3W SW DUNNS PLAT LOT 2 BLK 1 T74041, and 04-3N-
3W SW DUNNS PLAT LOT 1 BLK 1, to include MSA-20-01 and addendum 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 September 2023
_____________________________________ ___________________
Mayor Jarom Wagoner Date
ATTEST:
_______________________ City Clerk
Exhibit 1 - Attachment A
Final Approved Site Plans, Plats, Elevations, and Landscape Plans
Documents will be
inserted into the
FINAL FCO version
prepared for signature
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