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HomeMy WebLinkAboutCirrus Pointe 7 FP CC FCOBEFORE THE CALDWELL CITY COUNCIL CITY OF CALDWELL, CANYON COUNTY, IDAHO IN THE MATTER OF AN APPLICATION FOR FINAL PLAT APPROVAL FOR CIRRUS POINTE NO. 7 Property Owner: Jamie Parker ) ) ) ) ) ) ) ) ) ) )  FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DECISION Case No. SUB23-000022 Associated Case No. SUB-122P-05, TE-15-05, TE-20-07, and TE21-000005   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 applicant Jamie Parker (“Applicant”), on behalf of AG Essential Housing Multi State 2 LLC, 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 11-02-01 Procedures  Caldwell City Code 11-02-02 Content  Caldwell City Code 11-02-03 Subdivisions Review and Hearings  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   City of Caldwell  2040 Comprehensive Plan  Treasure Valley  Tree Selection Guide   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 Final Plat approval for Cirrus Pointe Subdivision No. 7, a single-family residential subdivision containing 57 buildable lots and 10 common lots on 27.07 acres on Parcel R3285000000, located in the 15-3N-3W SE TX 21943 IN SE LS SUB, the City Council received and reviewed the record and finds and concludes the following: The preliminary plat has not expired and the final plat is in significant conformance with the approved preliminary plat. Based upon the information received and the record of evidence presented, the City Council voted to APPROVE the request for final plat approval, 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 FINAL PLAT The Council has the authority to approve or deny the application; The final plat is compliant with city codes; and The final plat is compliant with the approved preliminary plat; and The proposed final plat meets the required approval criteria and standards as set forth in Caldwell City Codes. III The approval of the application requests for (PUD22-000006 and SUB22-000034), are subject to the adherence with the following conditions. Applicant shall meet the platting requirements as set for by City Code and in the preliminary plat approval for this final plat, and for any letters of credit required. Applicant shall meet the Engineering Department Conditions of Approval as shown in Attachment B. Recorded mylars of the final plat shall be submitted to the Caldwell Engineering Department. One paper copy of the recorded mylar shall be submitted to the Caldwell Planning and Zoning Department. 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 Final Plat approval for Cirrus Pointe Subdivision No. 7, a single-family residential subdivision containing 57 buildable lots and 10 common lots on 27.07 acres on Parcel R3285000000, located in the 15-3N-3W SE TX 21943 IN SE LS SUB 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 19th day of September 2023 _____________________________________ ___________________ Mayor Jarom Wagoner Date ATTEST: _______________________ City Clerk Exhibit 1 - Attachment A Final Approved Site Plans, Plats, and Landscape Plans Exhibit 1 - Attachment B City of Caldwell Engineering Comments and Conditions of Approval Exhibit 2 Outside Agency Comments