HomeMy WebLinkAboutPassero Ridge No. 2 FP CC FCO copyCITY OF CALDWELL CASE NO: SUB23-000028 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
BEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A FINAL PLAT APPROVAL FOR
PASSERO RIDGE SUBDIVISION NO 2
Property Owner: BHEG PASSERO RIDGE LLC
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. SUB23-000028
Associated Case No. PUD21-000003,
SUB21-000011
This matter came before the Caldwell City Council (“Council”) for hearing and consideration on the 7th
day of November,2023, upon a request filed by applicant Kyle Prewett (“Applicant”), on behalf of Toll
Brothers Land Development, 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 CASE NO: SUB23-000028 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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 Final Plat approval for Passero Ridge Subdivision 2 is a sixty (60) single-
family lot and fifteen (15) common lot residential subdivision on 21.50 acres on parcel R3285600000, in
the R-1 (Low Density Residential) zone, located in the 15-3N-3W SW TX 21955 IN GOVT LT 1, the
City Council received and reviewed the record and finds and concludes the following:. The subject
parcel is zoned R-1 – Low Density Residential.
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
1. The Council has the authority to approve or deny the application;
2. The final plat is compliant with city codes; and
3. The final plat is compliant with the approved preliminary plat; and
4. 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 (SUB23-000028), are subject to the adherence with the
following conditions.
1. 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. 2. Applicant shall meet the Engineering Department Conditions of Approval as shown in Attachment B. and the Fire Department Conditions of Approval as shown in Attachment C. 3. Recorded mylars of the final plat shall be submitted to the Caldwell Engineering Department.
4. One paper copy of the recorded mylar shall be submitted to the Caldwell Planning and Zoning Department.
CITY OF CALDWELL CASE NO: SUB23-000028 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
5. Until the main community amenity (a pool and pool house located on Lot 1C of Block 8 in Passero
Ridge Phase 2) is completed, no certificates of occupancy may be issued on lots within Passero Ridge Phase 4 or and any later phases. For the purpose of this condition, completion of the main community amenity will occur when a certificate of occupancy is issued for the pool house. Landscaping,
fencing, pressure irrigation, and well or pump station improvements located on Lot 1C of Block 8 in Passero Ridge Phase 2 do not need to be installed for the main community amenity to be deemed completed. Building permits and certificates of occupancy may be issued in Phases 1-3 during
construction of the main community amenity. Building permits but no certificates of occupancy may be issued in Phase 4 during construction of the main community amenity. Neither building permits nor certificates of occupancy may be issued for any phase after Phase 4 during construction of the main community amenity 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 sixty (60) single-family lot and fifteen (15) common lot residential
subdivision on 21.50 acres on parcel R3285600000, in the R-1 (Low Density Residential) zone, located in
the 15-3N-3W SW TX 21955 IN GOVT LT 1 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 7th day of November 2023.
_____________________________________ ___________________
Mayor Jarom Wagoner Date
ATTEST:
_______________________ City Clerk
CITY OF CALDWELL CASE NO: SUB23-000028 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Attachment A
Final Approved Site Plans, Plats, Elevations, and Landscape Plans
CITY OF CALDWELL CASE NO: SUB23-000028 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Attachment B
City of Caldwell Engineering Comments
CITY OF CALDWELL CASE NO: SUB23-000028 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Attachment C
City of Caldwell Fire Comments