HomeMy WebLinkAboutBrothers Park FCO (2)CITY OF CALDWELL CASE NO: ANN23-000009 Brothers Park FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
BEFORE THE CALDWELL P&Z COMMISSION
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR ANNEXATION OF 8.49 ACRES WITH AN
R-3 (HIGH DENSITY RESIDENTIAL) ZONING.
Property Owner: City of Caldwell
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF
RECOMMENDATION
Case No. ANN23-000009
This matter came before the Caldwell Planning and Zoning Commission (“Commission”) for
hearing and consideration on the 14th day of June, 2023, upon a request filed by applicant Robin Collins
(“Applicant”), on behalf of City Of Caldwell, 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
CITY OF CALDWELL CASE NO: ANN23-000009 Brothers Park FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Treasure Valley Tree Selection Guide
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 8.49 acre parcel (R3583300000 ) with a R-3 (High Density
Residential) zone designation, located in the 35-4N-3W SW SWSWSW LS RD, the Commission received
and reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on May 5, 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 June 14, 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
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 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.
CITY OF CALDWELL CASE NO: ANN23-000009 Brothers Park FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
III
CONDITIONS OF APPROVAL
The recommendation for approval of the application requests for (ANN23-000009), 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. The setbacks, lot coverage, and building height requirements shall be as follows:
Front 20 – feet
Rear 15 – feet
Interior 6 – feet
Maximum building height 45 – feet (any exceptions to the maximum height requires approval of a special use permit
6. 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.
7. The applicant shall comply with all landscaping requirements based on Caldwell City Code,
Chapter 10, Article 7.
8. Landscape Maintenance: All landscaping and screening devices shall be maintained in an
attractive, live, safe and healthy manner.
9. 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
CITY OF CALDWELL CASE NO: ANN23-000009 Brothers Park FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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.
10. Proposed fencing must comply with Caldwell City Code Section 10-02-07.
11. This approval is for this application only. Additional permits, licenses and approvals may be
necessary.
12. The property owner is responsible for the maintenance of all landscaping and screening devices
required.
13. 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 RECOMMENDATION
The Commission, 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 for Annexation of 8.49 acre parcel (R3583300000 ) with a R-3 (High
Density Residential) zone designation, located in the 35-4N-3W SW SWSWSW LS RD, is
RECOMMENDED FOR APPROVAL, SUBJECT TO THE CONDITIONS OF APPROVAL
LISTED HEREIN.
_____________________________________ __________________
Chair Date
ATTEST:
______________________
Director
CITY OF CALDWELL CASE NO: ANN23-000009 Brothers Park FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment A
Site Plans, Plats, Elevations, and Landscape Plans