HomeMy WebLinkAboutEscalon Park_CC_FCO_2023-11-7CITY OF CALDWELL CASE NO: CPM23-04/ZON23-04/PUD23-01/SUB23-13 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 A COMPREHENSIVE PLAN MAP
AMENDMENT OF THE NORTHERN 39.039
ACRES FROM LDR (LOW DENSITY
RESIDENTIAL) TO HC (HIGHWAY
CORRIDOR), TO INCLUDE APPROVAL OF
RESOLUTION NO. 97-23, AN APPLICATION
FOR A REZONE OF THE NORTHERN 39.039
ACRES FROM R-1 (LOW DENSITY
RESIDNETIAL) TO HC (HIGHWAY
CORRIDOR), TO INCLUDE APPROVAL OF
AN ASSOCIATED DEVELOPMENT
AGREEMENT, AND A REQUEST FOR A
MIXED USE PLANNED UNIT DEVELOPMENT
WITH A PRELIMINARY PLAT.
Property Owner: Viper Investments, LLC.
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. CPM23-000004 / ZON23-000004 /
PUD23-000001 / SUB23-000013
Associated Case No.:
ANN-129-06; ANN127-06
This matter came before the Caldwell City Council (“Council”) for hearing and consideration on the 7th day
of November, 2023, upon a request filed by applicant Bonnie Layton (“Applicant”), on behalf of Viper
Investments, LLC (“Owner”), 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 10-01-03 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
CITY OF CALDWELL CASE NO: CPM23-04/ZON23-04/PUD23-01/SUB23-13 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Caldwell City Code 10-03-07 Planned Unit Development
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
Regarding the request for a Comprehensive Plan land use map amendment for the northern 39.039 acres
from LDR (Low Density Residential) to HC (Highway Corridor), a rezone of the northern 39.039 acres
from R-1 (Low Density Residential) to H-C (Highway Corridor), a Planned Unit Development with a
preliminary plat on approximately 118.49 acres on Parcel(s) R3430901200 and R34297010B0, located in
the 29-4N-2W NW TX 13118 E 1/2 NW and 29-4N-2W NE SWNE & NWSE LS TX 05896, 07117, 09306,
the Commission received and reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on January 25, 2023, in compliance with Chapter 10
Article 3 Section 12 of Caldwell City Code.
A public hearing on the requested Comprehensive Plan Amendment, Rezone, Planned Unit Development
and Preliminary Plat were held before the Commission on September 27, 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
comprehensive plan land use map amendment for the northern 39.039 acres from LDR (Low Density
Residential) to HC (Highway Corridor), a rezone of the northern 39.039 acres from R-1 (Low Density
CITY OF CALDWELL CASE NO: CPM23-04/ZON23-04/PUD23-01/SUB23-13 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Residential) to H-C (Highway Corridor), a Planned Unit Development with a preliminary plat, subject to
the conditions herein; and
A public hearing on the Comprehensive Plan Amendment, Rezone, Planned Unit Development and
Preliminary Plat requests were held before the City Council on November 7, 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
Comprehensive Plan Amendment, a Rezone, a Planned Unit Development and Preliminary Plat, to include
approval of a development agreement 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
COMPREHENSIVE PLAN AMENDMENT 1. The Commission has the authority to recommend approval or denial of the application; and
2. The proposed map amendment is in accordance with the comprehensive plan goals and its basic spirit
and intent, as reflected in the associated Staff Report; and
3. The proposed map amendment meets the required approval criteria and standards as set forth in
Caldwell City Codes.
ZONING MAP AMENDMENT
1. The Commission has the authority to recommend approval or denial of the application; 2. The proposed map amendment is in compliance with the adopted comprehensive plan and the proposed
comprehensive plan map amendment; and 3. The proposed map amendment meets the required approval criteria and standards as set forth in Caldwell City Codes.
PLANNED UNIT DEVELOPMENT
1. The subject property shall involve a parcel of land as a unit under single ownership or control.
2. The planned unit development shall be consistent with the following instances (must be at least two or more):
a. The development offers a maximum choice of living environments by allowing a variety of housing and building types, such as multi-family apartment complex, alley loaded homes, as well as front loaded homes. b. The development promotes mixed use projects which are functionally integrated within the
development and provides services to the primary use. The frontage along Hwy 20/26, there will be a variety of commercial uses, while the southern portion will provide a variety of housing.
c. The development provides a layout which preserves and properly utilizes natural topography and geologic features, trees, scenic vistas or other vegetation. This is because of the Madden Spur Drain and Mason Creek Drain easements. These will continue to run through the
development.
CITY OF CALDWELL CASE NO: CPM23-04/ZON23-04/PUD23-01/SUB23-13 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
d. Where a land parcel is constrained or otherwise limited by some obstacle, feature, geometry,
condition, or easement that interferes with applying standard development processes. Due to the Madden Spur Drain and Mason Creek Drain running through the property, this site does have constraints. Also, due to the lack of street frontage for this site, access is restricted as well.
3. The planned unit development shall be in accordance with the development standards as specified in CCC 10-03-07 (3).
4. The planned unit development shall propose all of the required amenities as specified in CCC 10-03-07 (4) A.
5. The planned unit development shall propose four (4) or more amenities, in accordance with CCC 10-03-07 (4) B.
6. The planned unit development’s proposed amenities and construction must satisfy the community’s need for a wide range of housing and commercial businesses in accordance with CCC 10-03-07 (5).
7. The following deviations and/or modifications have been approved in accordance with CCC 10-03-07 (6):
a. Waiver to allow for 5’ side internal setbacks
b. Lot frontages of 32’ and 36’ rather than 50’
c. 40’ height limit for the proposed apartment buildings, rather than the 25’ height limit of the R-
1 zoning district.
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, as stated in the associated staff report;
4. Public services and utilities will be made available and are adequate to accommodate the proposed
subdivision;
5. The proposed preliminary plat meets the required approval criteria and standards as set forth in
Caldwell City Codes.
III
The approval of the application requests for (CPM23-000004, ZON23-000004, PUD23-000001 and
SUB23-000013), 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 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
CITY OF CALDWELL CASE NO: CPM23-04/ZON23-04/PUD23-01/SUB23-13 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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 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. This approval is for this application only. Additional permits, licenses and approvals may be
necessary.
8. 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.
9. The applicant shall show a landscape buffer with a berm of 2:1 to 3:1.
10. The applicant shall provide proper trash enclosure screening, as required in Caldwell City Code
10-07-10(6).
11. The applicant shall provide a secondary access or shall provide fire suppression systems for Phase
6, before pulling building permits.
12. Electric Vehicle parking and bicycle parking shall be provided, if applicable according to Caldwell City Code, at time of development for the Commercial uses.
13. At buildout, all parking required shall be provided:
a. 2-3 off-street spaces for single family homes
b. 1.5-2 spaces per unit of multi-family
c. Additional 1 space per every 4 residential lots with frontage below 45’ provided in a
parking lot immediately adjacent to the lots.
d. Commercial spaces will be dependent on use.
CITY OF CALDWELL CASE NO: CPM23-04/ZON23-04/PUD23-01/SUB23-13 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
IV
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 the request for a Comprehensive Plan Map Amendment (CPM23-000004), request for a
Zoning Map Amendment (ZON23-000004), a request for a Planned Unit Development (PUD23-000001),
with a Preliminary Plat (SUB23-000013) on approximately 118.49 acres on Parcel(s) R3430901200 and
R34297010B0, located in the 29-4N-2W NW TX 13118 E 1/2 NW and 29-4N-2W NE SWNE & NWSE
LS TX 05896, 07117, 09306, to include approval of a development agreement and Resolution #97-23, is
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 7th day of November 2023.
_____________________________________ ___________________
Mayor Jarom Wagoner Date
ATTEST:
_______________________ City Clerk
CITY OF CALDWELL CASE NO: CPM23-04/ZON23-04/PUD23-01/SUB23-13 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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
CITY OF CALDWELL CASE NO: CPM23-04/ZON23-04/PUD23-01/SUB23-13 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment B
City of Caldwell Engineering Comments and Conditions of Approval
CITY OF CALDWELL CASE NO: CPM23-04/ZON23-04/PUD23-01/SUB23-13 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1- Attachment C
City of Caldwell Fire Department Comments and Conditions of Approval
CITY OF CALDWELL CASE NO: CPM23-04/ZON23-04/PUD23-01/SUB23-13 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 – Attachment D
City of Caldwell Mapping Department Comments and Conditions of Approval
CITY OF CALDWELL CASE NO: CPM23-04/ZON23-04/PUD23-01/SUB23-13 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 – Attachment E
Approved Planning & Zoning Commission Findings of Facts, Conclusions of Law, and Recommendation / Order