HomeMy WebLinkAboutMontana Ave. Multi-Family_PZ_FCO
BEFORE THE CALDWELL P&Z COMMISSION
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 OF
RECOMMENDATION
Case No. ANN23-000008 / CPM23-000005
This matter came before the Caldwell Planning and Zoning Commission (“Commission”) for
hearing and consideration on the 9th day of August, 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
Treasure Valley Tree Selection Guide
City of Caldwell 2040 Bicycle and Pedestrian Master Plan
City of Caldwell (adopted by policy) ACHD Access Policy
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 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 Commission 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 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 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 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 approving the request for a comprehensive plan map amendment and re-zone, 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 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.
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.
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.
III
CONDITIONS OF APPROVAL
The recommendation for approval of the application requests for (ANN23-000008 and CPM23-
000005), 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
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. 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. In addition, all other conditions as listed in Attachment C
must be met.
8. 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
construction drawings.
9. 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.
10. Concept Site Plan. The Concept Site Plan (Exhibit 1, Attachment A) represents the Owner’s
current concept for completion of the Project. As the Concept Site Plan evolves, the City
understands and agrees that certain changes in that concept may occur or be required. If the City
determines that any such changes require additional public comment due to potential impacts on
surrounding property or the community, a public hearing shall be held on any proposed changes
in the Concept Plan and notice shall be provided as may be required by the City. The Owner
understands and agrees that any changes or modifications to the site plan must submitted to the
City for review and approval prior to development.
11. Landscape Plan. The Landscape Plan (Exhibit 1, Attachment A) represents the Owner’s current concept for all existing and proposed landscape street buffers, buffers between land uses, open
space, parking lot landscaping, landscape planters, existing and proposed trees, shrubs and plantings, micro and major pathways, landscape strips, public amenities, structures and equipment proposed for recreational use, common lots, common easements, school bus stop
areas, irrigation system and water source, and all other landscape improvements including, but not limited to, earth berms, walls, trash enclosures, specialty lighting, required or proposed fences. The Owner understands and agrees that any changes or modifications to the landscape
plan must submitted to the City for review and approval prior to installation. The City understands and agrees that certain changes in that concept may occur or be required. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, or that such change is a substantial enough change from the landscape plan presented to the public, a public hearing shall be held on the proposed changes and notice shall be provided as may be required by the City.
12. The property owner is responsible for the maintenance of all landscaping and screening devices
required.
13. Landscape Maintenance: All landscaping and screening devices shall be maintained in an
attractive, live, safe and healthy manner.
14. 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.
15. The street landscape buffers shall contain a mixture of trees (deciduous and evergreen), shrubs,
lawn, vegetative and non-vegetative ground cover so that the entire buffer area is covered. A
minimum of seventy percent (70%) of the buffer area shall be covered with a turf-type grass. For
new plantings, grass sod installation is required. Seeding, hydro-seeding, or similar methods shall
not be allowed and the plant sizes shall meet or exceed the minimum plant sizes as set forth in
§10-07-04 (6) as follows:
Evergreen trees 6 to 7 foot height minimum
Ornamental trees 2 inch caliper minimum
Shade trees 2 inch caliper minimum
Woody shrubs 2 gallon pot minimum
16. Applicant shall comply with all Engineering Conditions and Comments as shown in Exhibit 1,
Attachment B.
17. This approval is for this application only. Additional permits, licenses and approvals may be
necessary.
18. 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.
19. The applicant shall submit a new site plan that addresses utilities and street frontage improvements
prior to City Council hearing.
20. Each unit should provide 2-3 off street parking spaces per dwelling unit.
21. The subject site shall have 4% of qualifying open space, according to Caldwell City Code 10-07-
05.
22. The applicant shall submit a new site plan that shows 50’ from near edge of roadway to near edge
of driveway, per the ACHD Access Policy adopted by City of Caldwell prior to City Council
hearing.
23. The applicant shall get names approved by the Caldwell Mapping Department for common drives
with more than three (3) or more residential buildings, prior to construction drawings.
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 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 RECOMMENDED FOR APPROVAL, SUBJECT TO THE CONDITIONS OF
APPROVAL LISTED HEREIN.
These Findings of Fact, Conclusions of Law and Order are approved and adopted by the Caldwell
Planning and Zoning Commission on this 9th day of August 2023.
_____________________________________ __________________
Chair Date
ATTEST:
______________________
Director
Exhibit 1 - Attachment A
Site Plan, Elevations, and Landscape Plan
Documents will be
inserted into the
FINAL FCO version
prepared for signature
Exhibit 1 - Attachment B
Engineering Comments and Conditions of Approval
Exhibit 1 - Attachment C
City of Caldwell Fire Department Comments and Conditions of Approval