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HomeMy WebLinkAboutFCO Peregrine East (2)CITY OF CALDWELL CASE NO: ANN22-000018, CPM22-000006, SUB22-000032 Page 1 of 5 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER BEFORE THE CALDWELL CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR AN ANNEXATION, COMPREHENSIVE PLAN AMENDMENT, AND PRELIMINARY PLAT OF A SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON APPROXIMATELY 20.38 ACRES IN A R-1 (LOW DENSITY RESIDENTIAL) ZONE. ) ) ) ) ) FINDINGS OF FACTS, CONCLUSIONS OF LAW, AND ORDER OF DECISION CASE NUMBER(S): ANN22-000018, CPM22-000006, SUB22-000032 The above-entitled Annexation, Comprehensive Plan, and Preliminary Plat came before the Mayor and City Council for decision on January 17, 2023, at which time public testimony was taken and the public hearing was closed. The Caldwell City Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Facts, Conclusions of Law and Order of Decision; FINDINGS OF FACT A. PROJECT SUMMARY The applicant is requesting to annex approximately 20.38 acres with a R-1, Low Density Residential, zoning designation, approval of a Comprehensive Plan Amendment for RE (Residential Estate) to LDR (Low Density Residential), and approval of a preliminary plat for a single-family subdivision. B. APPLICATION SUBMITTAL A neighborhood meeting was held by the applicant on August 3, 2022, in compliance with Caldwell City Code Chapter 10 Article 13 Section 12. The application was deemed complete by the Planning and Zoning Department on September 13, 2022. C. SITE FACTS Zoning: The subject property is located within Canyon County. Comprehensive Plan Land Use: The subject property has a Residential Estate future land use designation in the 2040 Comprehensive Plan. Flood Zone: The subject parcel is not located in the flood zone or floodway according to FEMA 2019. D. AGENCY JURISDICTION The subject property is located within the jurisdiction of the Caldwell Fire Department, Caldwell Police Department, Pioneer Irrigation District, and Vallivue School District. E. NOTICE OF PUBLIC HEARING CITY OF CALDWELL CASE NO: ANN22-000018, CPM22-000006, SUB22-000032 Page 2 of 5 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Notice of public hearing was sent to public agencies on October 04, 2022, published in the official Idaho Press Tribune on October 28 2022, mailed to property owners within 300’ on October 14, 2022, and posted on the property on October 21, 2022 in accordance with Caldwell City Codes and with notice and hearing requirements as specified in Idaho Code, Title 67, Chapter 65: Local Land Use Planning Act. All persons present were given the opportunity to testify at the Public Hearing on January 17, 2023. F. AGENCY RESPONSE City of Caldwell Engineering Department, Vallivue School District, and Caldwell Fire responded and correspondence was attached to the staff report. G. PUBLIC COMMENT No public comment was received before the staff report was published. Public hearing testimony provided as minutes shall be included as part of the record and included in Case File(s) ANN22-000018, CPM22-000006, SUB22-000032. H. APPLICABLE REGULATIONS AND STANDARDS The Caldwell Zoning Ordinance (Ord. 1451, 12-13-1977) and the Idaho Land Use Planning Act were used in evaluating the application. 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 10-03-12 Neighborhood Meeting Caldwell City Code Chapter 10, Article 7 Caldwell Landscaping Ordinance Idaho Code Title 67, Chapter 65 Local Land Use Planning I. APPLICABLE PLANS The following plans apply to this proposal: 1. City of Caldwell 2040 Comprehensive Plan 2. Treasure Valley Tree Selection Guide 3. City of Caldwell 2040 Bicycle and Pedestrian Master Plan CITY OF CALDWELL CASE NO: ANN22-000018, CPM22-000006, SUB22-000032 Page 3 of 5 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER J. RECORD AND EVIDENCE The record and evidence includes all testimony at the public hearing held on January 17, 2023, the staff report, findings, exhibits, minutes, and all documents in case file(s) ANN22-000018, CPM22-000006, SUB22-000032). CRITERIA, STANDARDS, AND FINDINGS Approval Criteria and Standards: Annexation (ANN22-000018) 1. Land must be contiguous with the city limits or be enclaved by other properties so annexed: Finding: The property is contiguous with city limits on the west side where it adjoins a property zoned R-1. 2. The proposed zoning district shall be consistent with the adopted Comprehensive Plan Future Land Use Map. Finding: The proposed R-1 (Low Density Residential) zoning would be consistent with the Comprehensive Plan Future Land Use Map designation with the approval of the amendment to the Comprehensive Plan Future Land Use Map. 3. Reasonably necessary to assure the orderly development of the city in order to allow efficient and economically viable provision of tax supported and fee supported municipal services, to enable the orderly development of private lands which benefit from the cost-effective availability of municipal services in urbanizing areas and to equitably allocate the costs of public services in management of development on the urban fringe. (Idaho Code 50-222) Finding: The proposed development has access to public services, but is not reasonably necessary for the orderly development of the city. Approval Criteria and Standards: Comprehensive Plan Amendment (CPM22-000006) 1. The proposed map amendment(s) do not, or will not result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services within the planning jurisdiction. Finding: The proposed use will not require additional funding beyond what is generated through taxes to meet the needs created for police, fire and emergency services. All affected essential services were notified on October 4, 2022. No comments were received. 2. The proposed map amendment(s) is, are, or would be in harmony with the city’s currently adopted Comprehensive Plan and Comprehensive Plan land use map. Finding: The proposed amendment to make future land use designation R-1 (Low Density Residential) rather than Residential Estate is in harmony with the city’s currently adopted Comprehensive Plan and Comprehensive Plan land use map. 3. The proposed map amendment(s) is, are, or would provide for a proposed use or set of uses that would be at least reasonably compatible with existing and adjoining property uses. Finding: The request for 48 single family residential lots, and 10 common lots on 20.38 acres is not consistent with the density as outlined within the City’s Comprehensive Plan and would not be reasonably compatible with the area based on the current land uses. CITY OF CALDWELL CASE NO: ANN22-000018, CPM22-000006, SUB22-000032 Page 4 of 5 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 4. The proposed map amendment(s) is not, are not, or would not create a “spot” zoning (Spot zoning is the application of zoning to a specific parcel or parcels of land within a larger zoned area when the rezoning is at odds with a city's master plan and current zoning restrictions). Finding: The proposed R-1 (Low Density Residential) zoning would not create a spot zone because it is touching a parcel in the City that is currently zoned R-1. Approval Criteria and Standards: Subdivision/Preliminary Plat (SUB22-000032) 1. The plat is in compliance with "city code" as herein defined. Finding: The plat is in compliance with “city code” as herein defined 2. The plat is consistent with the city Comprehensive Plan. Finding: The plat is consistent with the Comprehensive Plan, with the approval of the accompanying request for a Comprehensive Plan Amendment. 3. Public services and utilities are available or can be made available and are adequate to accommodate the proposed subdivision. Finding: Public services and utilities are available or can be made available and are adequate to accommodate the proposed subdivision. 4. The plat is consistent with the 2040 Functional Classification Map. Finding: The plat is consistent with the 2040 Functional Classification Map. 5. The subdivision preserves natural, scenic or historic features, if applicable. Finding: The subdivision preserves natural, scenic or historic features. CONCLUSIONS OF LAW The City Council reviewed the particular facts and circumstances of the proposed Annexation (ANN22- 000018), Comprehensive Plan Amendment (CPM22-000006), and Preliminary Plat (SUB22-000032) applications with regard to the Caldwell City Code and Idaho Code, and based upon the information provided concludes that the proposed applications meets the required approval criteria and standards. CITY COUNCIL ORDER OF DECISION for DENIAL: Based on the Record and Evidence, Findings of Fact, and Conclusions of Law, the City Council, on January 17th, 2023, orders that case(s) ANN22-000018, CPM22-000018, and SUB22-000032 for an annexation, Comprehensive Plan Amendment, and a preliminary plat be DENIED. In denying the request, the council concluded the following: Annexation of the property is not reasonably necessary to assure the orderly development of the City of Caldwell, and the proposed development is not reasonably compatible with the surrounding neighborhood and uses because it differs significantly from the character of the surrounding area. CITY OF CALDWELL CASE NO: ANN22-000018, CPM22-000006, SUB22-000032 Page 5 of 5 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER CASE NUMBER: ANN22-000018, CPM22-000006, AND SUB22-000032 WAS HEARD BY THE MAYOR AND CITY COUNCIL ON JANUARY 17, 2023. THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION WERE DENIED AND SIGNED BY THE MAYOR ON FEBRUARY 21, 2023. _____________________________________ ___________________ Jarom Wagoner, Mayor Date ATTEST: _________________________ NOTICE TO THE APPLICANT You are hereby notified of the following: Pursuant to Idaho Code §67-6519(4) you are entitled to request that the City of Caldwell conduct a regulatory takings analysis pursuant to the Idaho Regulatory Takings Act (Idaho Code §67-8001 et seq.) Pursuant to Idaho Code §67-6535, your annexation request was reviewed as a legislative action under Idaho State Code Title 50-222(3)(a), and was evaluated under Caldwell City Code Chapter 10, Article 1, Idaho Code §50-222, and the Local Land Use Planning Act (Idaho Code §67-6501 et seq.) and other applicable laws.