HomeMy WebLinkAboutSkyview Villas CC FCO DENIALBEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR ANNEXATION PARCEL R3566601000 (APPROX. 1.87 ACRES), WITH A PROPOSED ZONING OF R-3 (HIGH DENSITY RESIDENTIAL). CONCURRENTLY, THE APPLICANT IS REQUESTING A COMPREHENSIVE PLAN MAP AMENDMENT
FROM MDR (MEDIUM DENSITY RESIDENTIAL) TO HDR (HIGH DENSITY RESIDENTIAL), TO INCLUDE APPROVAL OF RESOLUTION #23-23 ASSOCIATED WITH CPM23-000002;
Property Owner: Lane Development LLC
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. ANN23-000006/CPM23-000002
Associated Case No. SUP23-000009
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 Andrew Wheeler (“Applicant”),
on behalf of Lane Development 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
10-03-03
Amendment and Reclassification
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
10-01-01
Traffic Impact Study Requirements
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 a request for annexation of parcel R3566601000 (approx. 1.87 acres), with a proposed zoning of R-3 (High Density Residential) comprehensive plan land use map
amendment from MDR (Medium Density Residential) to HDR (High Density Residential), to include approval of resolution #23-23, located in a portion of 33-4N-3W SE TX 21517 IN E 1/2 SESE,
the City Council received and reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on January 15, 2023, in compliance with Chapter 10 Article 3 Section 12 of Caldwell City Code.
A public hearing on the requested Annexation and Comprehensive Plan Amendment were held before the Commission on August 9, 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 a Annexation
of parcel R3566601000 (approx. 1.87 acres) and comprehensive plan land use map amendment from MDR (Medium Density Residential) to HDR (High Density Residential) subject to the conditions
herein; and
A public hearing on the Annexation and Comprehensive Plan Amendment 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 Annexation and Comprehensive Plan Amendment and resolution, 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.
ZONING MAP AMENDMENT
The Council has the authority to approve or deny the application;
The proposed map amendment is in compliance with the adopted comprehensive plan; and
The proposed map amendment meets the required approval criteria and standards as set forth in Caldwell City Codes.
COMPREHENSIVE PLAN AMENDMENT
The Council has the authority to approve or deny the application; and
The proposed map amendment is in accordance with the comprehensive plan and its basic spirit and intent; and
The proposed map amendment meets the required approval criteria and standards as set forth in Caldwell City Codes.
III
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 R3566601000 (approx. 1.87 acres), with a proposed zoning of R-3 (High Density Residential) comprehensive plan land use map amendment
from MDR (Medium Density Residential) to HDR (High Density Residential), to include approval of resolution #23-23, located in a portion of 33-4N-3W SE TX 21517 IN E 1/2 SESE is DENIED.
On any application brought before the city council affecting the use, occupancy or development of real property, including, but not limited to, those matters governed by the Idaho Local
Land Use Planning Act, found at Idaho Code section 67-6501 et seq., or the Caldwell Zoning Ordinance, found in this title, a party may request that the city council reconsider a decision
pursuant to the terms of this section. Decisions and recommendations of the planning and zoning commission are not subject to reconsideration but may be appealed to the city council
as provided in this title. Except that, decisions on annexations, being legislative decisions, do not qualify for reconsideration, and requests for
reconsideration on annexations will not be heard by the City Council. This exception does not apply to category B or category C annexations subject to judicial review in accordance
with Chapter 2, Title 50, Idaho Code.
As required by Idaho Code section 67-6535(2)(b), any applicant or affected person who wishes to seek judicial review of compliance with the provisions of Idaho Code section 67-6535,
must first seek reconsideration of the final decision within fourteen (14) days.
Such written request must be delivered to the city clerk within that time frame and must identify specific deficiencies in the decision for which reconsideration is sought.
The city council shall review the petition for reconsideration at a regular meeting and decide whether to reconsider the matter.
Following the hearing on the reconsideration, the city council may affirm, reverse, or modify, in whole or in part, its' prior decision and shall provide a written decision to the applicant
and the affected person(s) within sixty (60) days of receipt of the request for reconsideration. If the city council fails to timely decide, the request for reconsideration is deemed
denied. A decision shall not be deemed final for purposes of judicial review unless the process required in this subsection has been followed. The twenty-eight (28) day time frame for
seeking judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first.
Once the council has reconsidered any of its decisions relating to a given application, as set forth hereinabove, it may not entertain any additional or subsequent request for reconsideration,
whether by the same or any other interested party.
A failure to request reconsideration is a failure of the applicant or affected party to exhaust administrative remedies.
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
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
City of Caldwell Mapping Department Comments and Conditions of Approval
Exhibit 1 – Attachment E
Approved Planning & Zoning Commission
Findings of Facts, Conclusions of Law, and Recommendation / Order