HomeMy WebLinkAboutFCOs Midland MeadowsCITY OF CALDWELL CASE NO: ANN22-000026, ZON22-000011, CPM22-000013, SUB22-000043 Midland Meadows
BEFORE THE CALDWELL P&Z COMMISSION
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION OF PARCEL R3411800000
WITH AN INTIAL ZONEOF R-1 (LOW DENSITY
RESIDENTIAL) FOR THE TOP PORTION OF THE
PARCEL, A COMPREHENSIVE PLAN MAP
AMENDMENT TO ADD THE NORTHERN PORTION
OF PARCEL R3411800000 INTO THE
COMPREHENSIVE PLAN MAP BOUNDARY WITH A
DESIGNATION OF R-1 AND CHANGE THE
DESIGNATION OF THE SOUTHERN PORTION OF
PARCEL R3411800000 AND PARCEL R3411900000
FROM LDR (LOW DENSITY RESIDENTIAL) TO MDR
(MEDIUM DENSITY RESIDENTIAL) TO INCLUDE
APPROVAL OF RESOLUTION NO. 432-22 , AN
APPLICATION FOR A REZONE FOR THE SOUTHERN
PORTION OF PARCEL R3411800000 AND PARCEL
R3411900000 FROM R-1 (LOW DENSITY
RESIDENTIAL) TO R-2 (MEDIUM DENSITY
RESIDENTIAL), AND AN APPLICATION FOR A
PRELIMINARY PLAT FOR THE DEVELOPMENT OF A
SINGLE FAMILY SUBDIVISION TO INCLUDE
APPROVAL OF A DEVELOPMENT AGREEMENT
ASSOCIATED WITH THE ANNEXATION AND
REZONE.
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER
Case No. ANN22-000026, ZON22-000013,
CPM22000011, SUB22-000043
Property Owner: Larry Squires, Parkland
This matter came before the Caldwell Planning and Zoning Commission (“Commission”) for
hearing and consideration on the 12th day of April, 2023, upon a request filed by applicant Mary Wall,
(“Applicant”), on behalf of Larry Squires, Parkland (“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 10-01-08 Annexations
Caldwell City Code 10-01-03 Zoning Districts Purpose Statements
Caldwell City Code 10-02-01 General Regulations
CITY OF CALDWELL CASE NO: ANN22-000026, ZON22-000011, CPM22-000013, SUB22-000043 Midland Meadows
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
Caldwell City Code 10-01-01 Traffic Impact Study Requirements
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
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, Rezone, Comprehensive Plan and Preliminary Plat for
parcels R3411800000 and R3411900000 located in the 20-4N-2W NE S 1/2 NE-E OF RR & N OF DR
LESS TAX 6 and 20-4N-2W NE NENE LESS E 25' STRIP FOR ROAD the Commission received and
reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on October 11, 2022, in compliance with
Chapter 10 Article 3 Section 12 of Caldwell City Code.
A public hearing on the requested Annexation, Rezone, Comprehensive Plan and Preliminary Plat
were held before the Commission on April 12, 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 a
CITY OF CALDWELL CASE NO: ANN22-000026, ZON22-000011, CPM22-000013, SUB22-000043 Midland Meadows
Annexation, Rezone, Comprehensive Plan Amendment, and Preliminary Plat, subject to the conditions
herein; and
In approving the request for an Annexation, Rezone, Comprehensive Plan Amendment, and
Preliminary Plat, 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
• The Commission has the authority to recommend approval or denial of the application;
• Land must be contiguous with the city limits or be enclaved by other properties so annexed; and
• All private landowners raise no objection and have consented to annexation
Comprehensive Plan Amendment
• The Commission has the authority to recommend approval or denial of the application; and
• The proposed map amendment (CPM22-000011) is in accordance with the comprehensive plan
and its basic spirit and intent; and
• The proposed map amendment meets the required approval criteria and standards as set forth in
Caldwell City Codes.
Zoning Map Amendment (Rezone)
• The Commission has the authority to recommend approval or denial of the application; and
• The proposed map amendment (ZON22-0000013) is not currently in compliance with the adopted comprehensive plan, however, the applicant has concurrently submitted a request for a comprehensive plan map amendment. If the comprehensive plan map amendment application (CPM22-000011) is approved, the proposed map amendment would be in compliance with the amended comprehensive plan; and
• The proposed map amendment meets the required approval criteria and standards as set forth in Caldwell City Codes.
Preliminary Plan
• The plat is in compliance with "city code";
• The plat is consistent with the city comprehensive plan;
• Public services and utilities are available or can be made available and are adequate to accommodate the proposed subdivision;
• The plat is consistent with the city transportation master plan; and
• The subdivision preserves natural, scenic or historic features, if applicable.
CITY OF CALDWELL CASE NO: ANN22-000026, ZON22-000011, CPM22-000013, SUB22-000043 Midland Meadows
III
CONDITIONS OF APPROVAL
The recommendation for approval of the application requests for (ANN22-26, ZON22-000013,
CPM22-000011, SUB22-000043), are subject to the adherence with the following conditions.
1. Concept Site Plan. The Concept Site Plan (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.
2. Building Elevations. The Building Elevations (Attachment A) represents the Owner’s current concept for the style of architecture, architectural features, colors, finishes and materials, and
surrounding landscaping for the project. As the building design 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, or that such change is a substantial enough change from the elevations 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. The Owner understands and agrees that any changes or modifications to the building elevations must submitted to the City for review and approval prior to construction of such.
3. 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.
4. The development, design, and construction of the residential subdivision shall be in substantial
compliance with the submitted site plan and elevations (See Exhibit A attached hereto) of Case
File ANN22-000026, ZON22-000013, CPM22-000011, and SUB22-000043, or as amended to
reflect requirements by City Engineering Department (Attachment B attached hereto as amended).
Any substantial deviations, as determined by the Planning & Zoning Director, from said Case File
Exhibit, shall require City Council approval, through a public hearing.
5. Comply with all city codes, ordinances and policies and the requirements of all applicable agencies, including but not limited City of Caldwell Engineering Department, City of Caldwell Building Department, and the City of Caldwell Fire Department.
6. Comply with all requirements of the City Engineering Department as specified in their memo dated 3rd day of April, 2023 and shown in Attachment B.
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. For specific information, see Attachment C.
8. Due to access concerns, the applicant will need to decide to provide a solution by using one of the following options, prior to construction drawings:
a. Fire sprinkler everything west of Sunset Maple Ave; or
CITY OF CALDWELL CASE NO: ANN22-000026, ZON22-000011, CPM22-000013, SUB22-000043 Midland Meadows
b. Rework Switchgrass St. to connect east though to Blue Grama Loop
9. Landscape Plan. The Landscape Plan (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.
10. All street landscape buffers shall be completed with Phase 1 of development.
11. Provide land use buffers along the north of parcel R3411800000 and the north of the west half of parcel R3411900000.
12. The applicant shall comply with all landscaping requirements based on Caldwell City Code, Chapter 10, Article 7. This includes correct materials for pathway landscaping and storm water area landscaping.
13. Subdivision Construction Signage: At the time of development a "rules and regulations" sign shall be posted and maintained at the entryways to the project until it is fully developed and build out is complete. The signs would be intended for subcontractors performing work and should include: a)
no dogs; b) no loud music; c) no alcohol or drugs; d) no abusive language; e) disposal of personal trash and site debris; f) daily cleanup of any mud and/or dirt that is deposited from the construction parcel onto streets; g) installation of a temporary construction fence that would keep debris from being blown off site by the wind; h) no burning of construction or other debris on the property.
14. Phased Subdivisions: The subdivider may file and obtain acceptance of successive final plats for continuous segments of the approved preliminary plat without reapplication for preliminary plat approval, provided that final plats are recorded in successive intervals of not more than one year each, as measured from the date of signature on the approving order of decision for the preliminary plat, and provided that "city code", as herein defined, and any subsequent amendments as adopted by the city before, during or after preliminary plat approval, is followed in all design, engineering plans, construction and final plats for all phases, with the exception of lot sizes, lot dimensions, setbacks, number of lots and any exceptions approved at the time of preliminary platting, which shall remain as indicated in the preliminary plat order of decision and/or development agreement.
15. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. The applicant is responsible for ensuring that “Digline” has performed an inspection of the site prior to commencing construction on the site.
16. The development agreement may be modified only by the permission of the City Council. A
development agreement may be terminated by the city, and the zoning designation upon which the use is based may be reversed upon the failure of the owner, developer or each subsequent owner or person acquiring an interest in the subject parcel to comply with the commitments in the agreement
within two (2) years. The two (2) year period of time for compliance of commitments may be extended by the city for just cause and upon application for such by the owner.
CITY OF CALDWELL CASE NO: ANN22-000026, ZON22-000011, CPM22-000013, SUB22-000043 Midland Meadows
17. A development agreement shall be approved prior to the recording of the rezone ordinance. The
development agreement contains the obligations of both parties and lays out the various standards
and conditions that will control development of the subject property such as; the maximum build
out and includes general uses, density and general site layout.; vested right for the term of the
agreement to proceed according to land use regulations in effect at the date of the execution of the
agreement; reservation or dedication of land for public purposes including facilities or associated
infrastructure. The development agreement must be approved by the City Council.
18. A development agreement shall not prevent the city in subsequent actions applicable to the property from applying new rules, regulations or policies that do not conflict with commitments applicable to the property set forth within any duly executed agreement.
19. The applicant shall ensure building design is compatible with the existing neighborhood and adjoining properties by taking into account building type, height, bulk, and site location.
20. Lot sizes and frontages shall meet minimum requirements.
21. Building setbacks must be met at time of construction drawing submittal, according to Caldwell Code 10-13-04.
22. 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.
23. 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.
24. The property owner is responsible for the maintenance of all landscaping and screening devices
required.
25. This approval is for this application only. Additional permits, licenses and approvals may be
necessary.
26. 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.
27. All street landscape buffers shall be completed with Phase 1 of development.
28. Provide land use buffers along the north of parcel R3411800000.
29. Staff must receive comments from Canyon Highway District #4 and Idaho Transportation
Department prior to the application being heard by City Council.
30. The applicant is encouraged to consider different housing types in the R-2 portion of the
development.
IV
ORDER OF DECISION AND/OR 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 (ANN22-000026) of parcel R3411800000), a Rezone
(ZON22-000011) of parcel R3411900000, a Comprehensive Plan Amendment (CPM22-000013), and a
CITY OF CALDWELL CASE NO: ANN22-000026, ZON22-000011, CPM22-000013, SUB22-000043 Midland Meadows
Preliminary Plat (SUB22-000043) located in the 20-4N-2W NE S 1/2 NE-E OF RR & N OF DR LESS
TAX 6 and 20-4N-2W NE NENE LESS E 25' STRIP FOR ROAD is RECOMMENDED FOR
APPROVAL, SUBJECT TO THE CONDITIONS OF APPROVAL LISTED HEREIN.
These Findings of Fact, Conclusions of Law and Recommendation are approved and adopted by
the Caldwell Planning and Zoning Commission on this 12th day of April 2023
_____________________________________ __________________
Chair Date
ATTEST:
______________________
Director
CITY OF CALDWELL CASE NO: ANN22-000026, ZON22-000011, CPM22-000013, SUB22-000043 Midland Meadows
ATTACHMENT A
PRELIMINARY PLATS, ELEVATIONS, AND LANDSCAPE PLANS
CITY OF CALDWELL CASE NO: ANN22-000026, ZON22-000011, CPM22-000013, SUB22-000043 Midland Meadows
ATTACHMENT B
CITY OF CALDWELL ENGINEERING MEMO
CITY OF CALDWELL CASE NO: ANN22-000026, ZON22-000011, CPM22-000013, SUB22-000043 Midland Meadows
ATTACHMENT C
CALDWELL FIRE DEPARTMENT CONDITIONS OF APPROVAL