HomeMy WebLinkAboutSelah Estates FP FCOBEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A FINAL PLAT APPROVAL FOR SELAH ESTATES, A RESIDENTIAL SUBDIVISION WITH 52 SINGLE-FAMILY LOTS AND 10 COMMON LOTS
Property Owner: Toll Southwest LLC
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. SUB23-000027
Associated Case No. SUB20-000012
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 Southwest 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
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
FINDINGS OF FACT, CONCLUSIONS OF LAW
Regarding the request for final plat approval for Selah Estates a residential subdivision with 52 single family lots and 10 common lots on a 18.76 acre parcel (R2505201200) in the “R-1”
(Low Density Residential) zone, located in the 04-3N-3W SE ORCHARD HEIGHTS TX 21566 IN TRACTS 27 & 28, 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 (SUB23-000027), 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 Selah Estates a residential subdivision with 52 single family lots and 10 common lots on a 18.76 acre parcel (R2505201200) in the “R-1” (Low Density Residential)
zone, located in the 04-3N-3W SE ORCHARD HEIGHTS TX 21566 IN TRACTS 27 & 28 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
Exhibit 1 - Attachment A
Final Approved Site Plans, Plats, Elevations, and Landscape Plans
Exhibit 1 - Attachment B
City of Caldwell Engineering Comments and Conditions of Approval
Exhibit 1- Attachment C
City of Caldwell Fire Department Comments and Conditions of Approval