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HomeMy WebLinkAboutKarcher Villeage CC Summary.docxCase No. ANN21-000019/PUD21-000006/SUB21-000051 Page 1 of 5 City Council SUMMARY REPORT SUMMARY REPORT for CITY COUNCIL CASE FILE NAME: _Karcher Village _____________ CASE FILE No: CPM22-000002 ANN22-000005 SUP22-000005 EVIDENCE LIST: 1. Staff Report and Presentation documents, 2. Summary Report from Staff (CC-1000) 3. Sign-up sheets, 4. GIS aerial site map, 5. Applicant Presentation (if documents, powerpoint, handout, etc… are provided by applicant) [IF SUBDIVISION including the Preliminary Plat] 6. CC 100_______ (if there are public testimony exhibits, late exhibits from staff etc.) (Things people bring and want to hand out). Before the Mayor and City Council City of Caldwell, Idaho Public Hearing Held August 4, 2022 Subject: Case No. CPM22-000002 ANN22-000005 SUP22-000005 (Karcher Village) Parcels: R3278600000 & R3278501000 The following land use action is the primary feature of this application:  Consider Comprehensive Plan Land Use Map Amendment of approximately 4.95 acres of Highway Corridor designated area to High Density Residential.  Consider Annexation of 5.95, parcels R3278600000 R3278501000 with an “R3” (Multifamily High Density Residential).  Consider a Preliminary Plat approval of 96 units including consisting of 21 single bedroom, 54 two-bedroom, and 21 three-bedroom units.  Consider a Special Use Permit for High Density Residential zoning for multi-family.  Subject to a Development Agreement in conjunction with the requested annexation, rezone, preliminary plat, and special use permit. VI FINDINGS OF FACT 6.1 The Caldwell City Council accepts the facts outlined in the staff report, public testimony, and the evidence list. All adopted city ordinances, standards and codes were used in evaluating the application. Case No. ANN21-000019/PUD21-000006/SUB21-000051 Page 2 of 5 City Council SUMMARY REPORT VII CONCLUSIONS OF LAW 7.1 The Caldwell City Council has the authority to hear this case and recommend it be approved, amended or denied. The public notice requirements were met, the hearing was legally noticed and posted and the hearing was held and conducted under the requirements of Idaho Code and City ordinances. VIII RECOMMENDATION: CPM22-000002 and ANN22-000005 8.1 Comprehensive Plan Map Amendment: Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning Commission hereby recommends to the Mayor and City Council that case no. CPM22-000002, a request to modify the current 2040 Comprehensive Plan Map designation from Highway Corridor to High Density Residential for approximately 5.95 acres as described in Exhibit “R3 Zone” attached hereto be APPROVED with the conditions of approval listed below to be enumerated in a Development Agreement (if approved): 8.2 Annexation: Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning Commission hereby recommends to the Mayor and City Council that case no. ANN22- 000005, a proposed Annexation of 4.95 acres, parcels R3278600000 &R327850100, with a zone designation of H-C (Highway Corridor) for 4.95 acres and R3(High Density Residential) for 4.95 acres for the purpose of developing a mixed-use commercial, high density residential, and single- family residential development as Karcher Village be denied. X FINDINGS, CONCLUSIONS, ORDER OF DECISION: SUP22-000005 10.1 FINDINGS OF FACT: The Caldwell Planning and Zoning Commission accepts the facts outlined in the staff report, public testimony and the evidence list. All adopted city ordinances, standards and codes were used in evaluating the application. 10.2 CONCLUSIONS OF LAW: The Caldwell Planning and Zoning Commission has the authority to hear this case and recommend to the Caldwell City Council that it be approved or denied. The public notice requirements were met, the hearing was legally noticed and posted and the hearing was held and conducted under the requirements of Idaho Code and City ordinances. 10.3 ORDER: Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning Commission hereby orders that special use permit, Case No. SUP22-000005, a request to construct multi-family in the HC (Highway Corridor) zoning is approved with the conditions of approval listed below and subject to conditions in Section ten (X) to be enumerated in a Development Agreement:. 1. Approval of the Special Use Permit request for single family residential attached townhomes is contingent upon the concurrent requests for annexation and preliminary plat for Karcher Village approval. Should the application for any of the concurrent applications be denied the approval of special use permit, SUP22-000005, shall be nullified by the decision of the City Council. 2. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits. 3. A special use permit is not transferable from one parcel of land to another parcel of land. (Ord. 2739, 6- 16-2008) 4. §10-03-04: Within twelve (12) months of the date of signature of the order of decision showing approval of the special use permit, the applicable permit/certificate Case No. ANN21-000019/PUD21-000006/SUB21-000051 Page 3 of 5 City Council SUMMARY REPORT application shall be submitted for the approved special use. If the applicable permit/certificate application is not submitted within the required time frame, the special use permit approval shall become null and void and another special use permit approval will need to be received. Only one administrative extension may be granted by the planning and zoning director, after completing the administrative determination request form, allowing an additional six (6) months to submit the applicable permit/certificate application. 5. §10-03-04: Except that if the approved special use permit is part of an annexation application, rezone application or preliminary plat application, then the applicable permit/certificate application shall be submitted within twelve (12) months of the date of signature of the order of decision showing approval of the annexation, rezone or preliminary plat. 6. If the concurrent annexation and preliminary plat are approved; the development, design, and construction of the Karcher Village multi-family apartments shall be in substantial compliance with the submitted concept elevations, preliminary plat, site plan for SUB22- 000005 or as amended to reflect requirements by City Engineering Department (PA-7 attached herein or as amended). Any substantial deviations, as determined by the Planning & Zoning Director, from said Case File Exhibits, shall require City Council approval, through a public hearing. The developer should ensure that new development enhances rather than distracts from the visual image of surrounding areas. The developer shall provide a minimum of 10% qualifying open space for the use and enjoyment of the development residents. The open space shall be provided in substantial compliance with the open space plan as shown on the Preliminary Plat, Exhibit A- 3R attached hereto. XI ORDER OF DECISION: CMP and ANN The City Council accepts the Findings of Fact, Conclusions of Law and Recommendations herein. Based on the Findings of Fact and Conclusions of Law, the Mayor and City Council order that Case Number CPM22- 000002/ANN22-000005/SUP22-000005, a request for a Comprehensive Plan Map Amendment for 5.95 acres to modify the designation from Highway Corridor to High Density Residential. Concurrently a request for annexation of 5.95 acres, parcels numbers R32786 and R32785010 with the zoning designation of R3 (Multifamily High Density Residential) and a preliminary plat for Karcher Village, is approved/denied with the conditions of approval listed in Section XII (12) to be enumerated in a Development Agreement (if approved). XII CONDITIONS OF APPROVAL 12.1 Development of the subject property shall be consistent with all requirements, codes, rules, and regulations of the City of Caldwell, unless specifically stated otherwise in the annexation/development agreement or in the Order of Decision for the annexation and Comprehensive Plan Amendment for Karcher Village. Case No. ANN21-000019/PUD21-000006/SUB21-000051 Page 4 of 5 City Council SUMMARY REPORT 12.2 A development agreement, as prepared by the Planning and Zoning Department, shall be approved by City Council in conjunction with the annexation and development. 12.3 The development, design, and construction of Karcher Village shall be in substantial compliance with the submitted preliminary plat of Case File CPM22-000002/ANN22-000005/SUP22-000005 (Exhibit A3-R attached hereto). Any substantial deviations, as determined by the Planning & Zoning Director, from said Exhibit A3-R shall require City Council approval through a public hearing. 12.4 The development, design, and construction Karcher Village shall be in substantial compliance with the submitted landscape plan of Case File CPM22-000002/ANN22-000005/SUP22-000005 (Exhibit A8 attached hereto). Any substantial deviations, as determined by the Planning & Zoning Director, from said Case File shall require City Council approval through a public hearing. 12.5 This development has road frontage or required frontage along the following existing or proposed classified roadways. The required street landscape buffers to be located outside of the required rights of way dedications are as follows and landscaping requirements shall be met for the specified roadways including trees, shrubs, boulders as applicable: Street Classification Required Buffer Width Hwy 55/Karcher Principal Arterial 30 feet (Shall comply with 10-07-08 (11)) Celeste Avenue Collector 15 feet 12.6 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 first final plat. 12.7 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. 12.8 The developer shall provide sufficient trash bin locations to the apartment units and the multi- family development. All trash bin locations shall be screened and landscaped to minimize the visual impact to the residents and users of the public streets. 12.9 The required building setback for the Highway Corridor zone is a minimum of 40 feet from the right of way and there is a required 30 foot landscape buffer from the right of way line. The developer is also responsible for landscaping all right of way to the curb. 12.10 There shall be no billboards located on this property or in any portion of the right-of-way along the Karcher Road corridor. Case No. ANN21-000019/PUD21-000006/SUB21-000051 Page 5 of 5 City Council SUMMARY REPORT 12.11 The Property shall be maintained in keeping with the City’s nuisance abatement until such time as development is complete. Maintenance shall include the mowing of all weeds (said mowing to take place at least monthly within the months of April, May, June, July, August, September and October) within the subdivision boundaries and the immediate removal of noxious weeds when they are identified. All appropriate dust abatement procedures as part of the construction process shall be applied.