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Home My WebLink AboutMontana MultiFamily_CC_FCOs_2023-09-19 1 BEFORE THE CALDWELL CITY COUNCIL CITY OF CALDWELL, CANYON COUNTY, IDAHO IN THE MATTER OF AN APPLICATION FOR AN ANNEXATION WITH INITIAL ZONING OF R-3 (LOW DENSITY RESIDNETIAL) AND A COMPREHENSIVE PLAN MAP AMENDMENT FROM LDR (LOW DENSITY RESIDENTIAL) TO HDR (HIGH DENSITY RESIDENTIAL), TO INCLUDE APPROVAL OF RESOLUTION NO. 142-23. Property Owner: Jacob Booher ) ) ) ) ) ) ) ) ) ) ) FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Case No. ANN23-000008 / CPM23-000005 This matter came before the Caldwell City Council (“Council”) for hearing and consideration on the 19th day of September, 2023, upon a request filed by the applicant, the City of Caldwell (“Applicant”), 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 Idaho Code Title 67, Chapter 65 Local Land Use Planning City of Caldwell 2040 Comprehensive Plan 2 Treasure Valley Tree Selection Guide City of Caldwell 2040 Bicycle and Pedestrian Master Plan City of Caldwell (adopted by policy) ACHD Access Policy 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 an Annexation with the R-3 (High Density Residential) zone and a comprehensive plan land use map amendment from LDR (Low Density Residential) to HDR (High Density Residential) on approximately 1.54 acres on Parcel R3270800000, located in 10-3N-3W NE TX 10 IN NE1/4, the Council received and reviewed the record and finds and concludes the following: A neighborhood meeting was held by the applicant on March 16, 2023 and April 26, 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 Council on September 19, 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 Council. 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 Council DENIED the request for an Annexation with zone R-3 (High Density Residential) and a comprehensive plan land use map amendment from LDR (Low Density Residential) to HDR (High Density Residential, subject to the conditions herein; and In denying the request for an annexation and comprehensive plan map amendment, the Council concluded the following: The application decision process has complied with the public notice and hearing requirements of Idaho Code and Caldwell City Codes; and 3 ANNEXATION 1. The Commission has the authority to recommend approval or denial of the application; 2. Land is contiguous with the city limits; and 3. The private landowner raise no objection and have consented to annexation, through the application process. ZONING MAP AMENDMENT 1. The Commission has the authority to recommend approval or denial of the application; 2. The proposed map amendment is not in compliance with the adopted comprehensive plan due to the area being designated Low Density Residential; and 3. The proposed map amendment does not meet the required approval criteria and standards as set forth in Caldwell City Codes. COMPREHENSIVE PLAN AMENDMENT 1. The Commission has the authority to recommend approval or denial of the application; and 2. The proposed map amendment is not in accordance with the comprehensive plan goals and its basic spirit and intent due to: a. The project not providing a Mixed-Use component; b. The location does not place high-density residential development near commercial services or public transit; c. The project is not creating walkable neighborhoods with good connectivity; d. The high density residential is not compatible with the surrounding comprehensive plan future land use designation or the existing land uses; and 3. The proposed map amendment does not meet the required approval criteria and standards as set forth in Caldwell City Codes. 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 an Annexation with the R-3 (High Density Residential) zone and a comprehensive plan land use map amendment from LDR (Low Density Residential) to HDR (High Density Residential) on approximately 1.54 acres on Parcel R3270800000, located in 10-3N-3W NE TX 10 IN NE1/4 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 4 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. a. 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. a. 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. b. The city council shall review the petition for reconsideration at a regular meeting and decide whether to reconsider the matter. c. 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. d. 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. e. 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 19th day of September 2023 _____________________________________ __________________ Mayor Jarom Wagoner Date ATTEST: ______________________ City Clerk 5 Exhibit 1 - Attachment A Plat, Site Plan, Landscape Plan, and Elevations Documents will be inserted into the FINAL FCO version prepared for signature 6 Exhibit 1 - Attachment B Engineering Comments and Conditions of Approval Documents will be inserted into the FINAL FCO version prepared for signature (Same as Exhibit 2, signed P&Z Commission Findings) 7 Exhibit 1 - Attachment C City of Caldwell Fire Department Comments and Conditions of Approval Documents will be inserted into the FINAL FCO version prepared for signature (Same as Exhibit 2, signed P&Z Commission Findings)