HomeMy WebLinkAboutKlammath Falls FP FCO (2)CITY OF CALDWELL CASE NO: SUB23-000002 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 FOR KLAMATH FALL
SUBDIVISION NO. 3, A RESIDENTIAL
SUBDIVISION WITH 63 SINGLE FAMILY
LOTS AND 6 COMMON LOTS
Property Owner: Challenger Development Inc
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. SUB23-000002
Associated Case No. SUB-167P-06
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 Kent Brown (“Applicant”), on behalf of
Challenger Development Inc, 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
Treasure Valley Tree Selection Guide
CITY OF CALDWELL CASE NO: SUB23-000002 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 Klamath Falls No.3 a residential subdivision with 63 single
family lots and 6 common lots on a 16.70 acre parcel (R3279101000) in the “R-1” (Low Density
Residential) zone, located in the 12-3N-3W SW TX 99518 IN N 1/2 LS TX 20415 & 21199, 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
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 (SUB23-000002), 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. 3. Recorded mylars of the final plat shall be submitted to the Caldwell Engineering Department.
CITY OF CALDWELL CASE NO: SUB23-000002 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment A
Final Approved Site Plans, Plats, Elevations, and Landscape Plans
B
TEL 208-938-0013
FAX 208-938-0516
1500 E. IRON EAGLE DRIVE
EAGLE, ID 83616
CIVIL ENGINEERING|PLANNING|CADD
DEVELOPMENT FEATURES
ACREAGE
TOTAL PARCEL - 46.33 ACRES
TOTAL LOTS -180
BUILDABLE LOTS - 170
COMMON AREA LOTS - 10
DENSITY DU/ACRE - 3.67
ZONING
EXISTING - A
PROPOSED - R1
SEWAGE DISPOSAL
CALDWELL CITY SEWER
WATER SUPPLY
CALDWELL CITY WATER
CITY
CALDWELL CITY
SCHOOL DISTRICT
VALLIVUE
FIRE DISTRICT
CALDWELL FIRE DISTRICT
IRRIGATION DISTRICT
PIONEER IRRIGATION DISTRICT &
BLACK CANYON IRRIGATION DISTRICT
OWNER
LEON LARUE JOHNSON /
MERRILL BASTIAN
3806 E HOMEDALE RD
CALDWELL, ID 83607
DEVELOPER
DYVER DEVELOPMENT, LLC
2364 S. TITANIUM
MERIDIAN, ID 83642
ENGINEER
DAVID A. BAILEY, P.E.
BAILEY ENGINEERING, INC.
1500 E IRON EAGLE DR.
EAGLE, ID 83616
938-0013
PLANNER/CONTACT
KENT BROWN
BAILEY ENGINEERING, INC.
1500 E IRON EAGLE DR.
EAGLE, ID 83616
938-0013
BTEL 208-938-0013www.baileyengineers.com1119 E. STATE STREET, SUITE 210EAGLE, ID 83616CIVIL ENGINEERING|PLANNING|CADDailey Engineering, Inc.KLAMATH FALLS SUBDIVISIONSUBDIVISION NO. 3
BTEL 208-938-0013www.baileyengineers.com1119 E. STATE STREET, SUITE 210EAGLE, ID 83616CIVIL ENGINEERING|PLANNING|CADDailey Engineering, Inc.KLAMATH FALLS SUBDIVISION NO. 3
CERTIFICATE OF SURVEYORI, Clinton W. Hansen, do hereby certify that I am a Licensed Professional Land Surveyor in the State of Idaho, and that thisplat as described in the "Certificate of Owners" was drawn from the field notes of a survey made on the ground under mydirect supervision and accurately represents the points platted thereon, and is in conformity with the State of Idaho Coderelating to plats and surveys. __________________________________ Clinton W. Hansen Idaho No. 11118ACKNOWLEDGMENTState of Idaho ) ) s.s.County of Ada )On this _______ day of _______________, 20_____, before me, the undersigned, a Notary Public in and for said State,personally appeared Corey D. Barton, known or identified to me to be President of Challenger Development, Inc., an IdahoCorporation, the corporation which executed the within instrument and acknowledged to me that he executed the same.In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first abovewritten.____________________ ______________________________My commission expires Notary Public for Idaho Residing in __________, IdahoIt is the intention of the undersigned to hereby include the above described property in this plat and to dedicate to the public,the public streets as shown on this plat. The easements as shown on this plat are not dedicated to the public. However, theright to use said easements is hereby perpetually reserved for public utilities and such other uses as designated within thisplat, and no permanent structures are to be erected within the lines of said easements. All lots in this plat will be eligible toreceive water service from an existing City of Caldwell main line located adjacent to the subject subdivision, and the City ofCaldwell has agreed in writing to serve all the lots in this subdivision.Challenger Development, Inc., an Idaho Corporation____________________________Corey D. Barton, PresidentCERTIFICATE OF OWNERSKnow all men by these presents: That Challenger Development, Inc., an Idaho Corporation, is the owner of theproperty described as follows:A parcel located in the NW ¼ of the SW ¼ of Section 12, Township 3 North, Range 3 West, Boise Meridian, Caldwell,Canyon County, Idaho, and more particularly described as follows:BEGINNING at an Aluminum Cap monument marking the northwest corner of said NW ¼ of the SW ¼, from which aBrass Cap monument marking the southwest corner of the SW ¼ of said Section 12 bears S 0°39'34” W a distance of2648.46 feet;Thence N 89°23'15” E along the northerly boundary of said NW ¼ of the SW ¼ a distance of 631.86 feet to a pointmarking the northwesterly corner of Klamath Falls Subdivision No. 1, as shown in Book ____ of Plats on Page ______,records of Canyon County, Idaho;Thence along the westerly boundary of said subdivision the following courses and distances:Thence S 0°36'45” E a distance of 179.72 feet to a point;Thence S 6°07'01” E a distance of 53.00 feet to a point;Thence N 83°52'59” E a distance of 26.21 feet to a point;Thence S 0°36'45” E a distance of 104.04 feet to a point;Thence N 82°38'42” E a distance of 60.42 feet to a point;Thence N 82°52'33” E a distance of 120.78 feet to the northwesterly corner of Klamath Falls Subdivision No. 2, asshown in Book ____ of Plats on Page ______, records of Canyon County, Idaho;Thence leaving the boundary of said Klamath Falls Subdivision No. 1, and along the westerly boundary of said KlamathFalls Subdivision No. 2 the following courses and distances:Thence S 0°36'45” E a distance of 103.34 feet to a point;Thence S 83°52'59” W a distance of 30.54 feet to a point;Thence S 6°07'01” E a distance of 53.00 feet to a point;Thence S 0°39'34” W a distance of 365.39 feet to a point;Thence N 89°20'26” W a distance of 101.50 feet to a point;Thence N 0°39'34” E a distance of 20.47 feet to a point;Thence N 89°20'26” W a distance of 53.00 feet to a point;Thence N 89°49'59” W a distance of 259.52 feet to a point;Thence S 0°10'01” W a distance of 154.50 feet to a point;Thence S 89°49'59” E a distance of 39.77 feet to a point;Thence S 0°10'01” W a distance of 101.50 feet to a point;Thence leaving said subdivision boundary N 89°49'59” W a distance of 139.93 feet to a point;Thence S 88°23'36” W a distance of 316.29 feet to a point in the westerly boundary of said NW ¼ of the SW 1/4;Thence along said boundary N 0°39'34” E a distance of 1070.48 feet to the POINT OF BEGINNING.This parcel contains 16.70 acres, more or less.BTEL 208-938-0013www.baileyengineers.com1119 E. STATE STREET, SUITE 210EAGLE, ID 83616CIVIL ENGINEERING|PLANNING|CADDailey Engineering, Inc.KLAMATH FALLS SUBDIVISION NO. 3
COUNTY RECORDER'S CERTIFICATEState of Idaho ) ) s.s.County of Canyon )I hereby certify that this instrument was filed for record at the request of _______________________ at _________ Minutespast _________ O'clock _____ .M. on this ______ day of _______________, 20_____, in Book ____________ of plats atPages_____________________________.Instrument No. __________________________________________ ______________________________Deputy Ex-Officio RecorderCERTIFICATE OF COUNTY TREASURERI, the undersigned, County Treasurer in and for the County of Canyon, State of Idaho, per the requirements of I.C.50-1308 dohereby certify that any and all current and/or delinquent County Property Taxes for the property included in thisproposedsubdivision have been paid in full.This certification is valid for the next thirty (30) days only.________________________ ____________County Treasurer DateAPPROVAL OF CITY COUNCILI, the undersigned, City Clerk, in and for the City of Caldwell, Canyon County, Idaho do hereby certify that at aregular meeting of the City Council held on the _____ day of _____________, 20____, this plat was accepted andapproved.______________________________ _____________City Clerk, Caldwell, Idaho DateCERTIFICATE OF COUNTY SURVEYORI, the undersigned, Professonal Land Surveyor, do hereby certify that I have examined this plat and that itcomplies with the requirements of Idaho State Code, relating to plats and surveys.______________________________ ______________Canyon County Surveyor DateAPPROVAL OF CITY ENGINEERI, the undersigned, City Engineer, in and for the City of Caldwell, Canyon County, Idaho hereby approve this plat.________________________________ _____________City of Caldwell Engineer DateHEALTH CERTIFICATESanitary restrictions as required by Idaho Code, Title 50, Chapter 13 have been satisfied based on a review by a QualifiedLicensed Professional Engineer (QLPE) representing City of Caldwell Public Works, and the QLPE approval of the designplans and specifications and the conditions imposed on the developer for continued satisfaction of the sanitary restrictions.Buyer is cautioned that at the time of this approval, no drinking water extensions or sewer extensions were constructed.Building construction can be allowed with appropriate building permits if drinking water extensions or sewer extensions havesince been constructed or if the developer is simultaneously constructing those facilities. If the developer fails to constructfacilities, then sanitary restrictions may be reimposed, in accordance with Section 50-1326, Idaho Code, by the issuance of aCertificate of Disapproval, and no construction of any building or shelter requiring drinking water or sewer/septic facilitiesshall be allowed. _______________________________________ District Health Department, REHS DateBTEL 208-938-0013www.baileyengineers.com1119 E. STATE STREET, SUITE 210EAGLE, ID 83616CIVIL ENGINEERING|PLANNING|CADDailey Engineering, Inc.KLAMATH FALLS SUBDIVISION NO. 3
CITY OF CALDWELL CASE NO: SUB23-000002 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment B
City of Caldwell Engineering Comments and Conditions of Approval
CITY OF CALDWELL CASE NO: SUB23-000002 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1- Attachment C
City of Caldwell Fire Department Comments and Conditions of Approval
403 Blaine Street Caldwell, ID 83605 Phone 208-649-1266 Fax 208-455-3014
Date 9/27/2023
Caldwell City – Planning and Zoning
Re: SUB23-000002 Klamath Falls
Dear Angelica Gomez,
SUB23-000002: Kent Brown, on behalf of Challenger
Development Inc., is requesting a final plat approval for Klamath Fall Subdivision
No. 3, a residential subdivision with 63 single family lots and 6 common lots. The
subject parcel is zoned R-1 – Low Density Residential. The preliminary plat for
Klamath Falls, SUB-167P-06, was approved by City Council on May 7, 2007 and
has received four extensions of time, the most recent of which, TE23-000003,
provides until November 23, 2023 to sign the final plat for Phase 3. The subject
parcel, R3279101000, is located on the east side of Lake Ave., approximately
1,500 feet north of the intersection with Karcher Rd., in Caldwell, ID
The Caldwell Rural Fire Protection District has reviewed and can approve the
application subject to compliance with all the following code requirements and
conditions of approval. Any deviation from this plan is subject to Fire
Department approval. Please note that unless stated otherwise, this memo
represents the requirements of the 2018 International Fire Code (IFC) as adopted
by the Idaho State Fire Marshal’s Office.
Comments/Conditions:
1. Fire hydrants, capable of producing the required fire flow, shall be located along
approved fire lanes. Fire hydrant spacing shall meet the requirements of IFC
table C105.1.1 (IFC 507.3, IFC B105.2, IFC C105).
2. Structures greater than 30-feet in height will require aerial fire access roadways.
These roadways shall be a minimum of 26-feet in width and located at least 15-
feet but no more than 30-feet from the building. (IFC D105)
3. Roadway serving a fire hydrant shall be a minimum of 26-feet in width. (IFC
D103.1)
4. Dead-end fire apparatus access roads exceeding 150 feet (45 720 mm) in length
shall be provided with an approved area for turning around fire apparatus. (IFC
503.2.5)
5. Fire apparatus access roads shall extend to within 150 feet of all portions of the
exterior walls of the first story of a building measured by an approved route
around the exterior of the building or facility. (IFC 503.1.1)
6. Fire apparatus access roads shall have an unobstructed width of not less than 20
feet and an unobstructed vertical clearance of not less than 13 feet 6 inches.
(IFC 503.2.1)
403 Blaine Street Caldwell, ID 83605 Phone 208-649-1266 Fax 208-455-3014
7. The minimum outside turning radius of a fire apparatus access road shall be 48
feet. The minimum inside turning radius shall be 28 feet. (IFC 503.2.4)
8. Fire apparatus access roads shall have an approved driving surface of asphalt,
concrete or other approved driving surface and can support the imposed load
of fire apparatus weighing at least 80,000 pounds. Please provide
documentation the road surface meets this standard. (IFC D102.1)
9. Fire apparatus access roads shall not exceed 10 percent in grade. (IFC D103.2)
10. 501.4 Timing of installation. Where fire apparatus access roads or a water supply
for fire protection are required to be installed, such protection shall be installed
and made serviceable prior to and during the time of construction except where
approved alternative methods of protection are provided. Temporary street
signs shall be installed at each street intersection where construction of new
roadways allows passage by vehicles( IFC 501.4, 505.2)
11. An approved water supply for fire protection, either temporary or permanent,
shall be made available as soon as combustible materials arrives on the site. (IFC
3312.1)
12. Secondary access requirements are provided in Appendix D and are required
sections (IFC D104- 104.3)
General Requirement:
Fire Department required fire hydrants, access, and street identification shall be
installed prior to construction or storage of combustible materials on site.
Provisions may be made for temporary access and identification measures.
Specific building construction requirements of the International Building Code,
International Fire Code and City of Caldwell Code will apply. However, these
provisions are best addressed by a licensed Architect at time of building permit
application.
Regards,
Alan Perry
Division Chief
Fire Marshal
Caldwell Rural Fire Protection District
Aperry@cityofcaldwell.org