HomeMy WebLinkAboutSelah Estates FP FCO (2)CITY OF CALDWELL CASE NO: SUB23-000027 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 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
CITY OF CALDWELL CASE NO: SUB23-000027 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
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
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 (SUB23-000027), 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.
CITY OF CALDWELL CASE NO: SUB23-000027 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment A
Final Approved Site Plans, Plats, Elevations, and Landscape Plans
Caldwell, Idaho
SELAH ESTATES SUBDIVISION
3103 W Sheryl Drive, Suite 100, Meridian ID 83642
Phone: (208) 424-0020 Fax: (208) 424-0030
September 5, 2023
City of Caldwell Planning and Zoning Department
621 Cleveland Blvd.
Caldwell, Idaho 83605
RE: Selah Estates Subdivision – Final Plat
Dear Planning and Zoning Staff,
Toll Southwest LLC hereby applies for a final plat for 52 single-family residential lots and 10
common lots on 18.74 acres. Selah Estates Subdivision is located at 0 E Pat Lane, Caldwell, ID 83605,
parcel no. R2505201200, in the SE ¼ of the SE ¼ of Section 4, Township 3 North, Range 3 West,
Boise Meridian, City of Caldwell, Canyon County, Idaho.
The findings of fact, conclusions of law, and order of decision for the preliminary plat and amended
development agreement were approved by the Caldwell City Council on June 7th, 2021. The final plat
is in conformance with all conditions and requirements of the order of decision for the amended
development agreement, recorded as instrument number 2021-041229. This plat also satisfies all
conditions from the preliminary plat, with no substantial changes from preliminary plat approval. Toll
Southwest LLC proposes deviating from the approved landscape plan. The approved landscape plan
shows a playground amenity located at Lot 8 of Block 3. A pickleball ball court is proposed to replace
the approved playground amenity, with no significant change in the size of the amenity or the number
of plantings proposed.
I thank you for your time and consideration of this application. If you have any questions or need
further information, please don’t hesitate to reach out to me at 208-576-3625 or by email at
kprewett@tollbrothers.com.
Sincerely,
Kyle Prewett
Land Entitlement Manager
Toll Brothers
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STERED9412P1.1TYPICAL S 10TH/HOMEDALE RD WIDENING SECTION TYPICAL 53FT RIGHT OF WAY SECTIONTYPICAL PAT LN WIDENING SECTION 30FT COMMON LOT W/ 20FT DRIVEWAY SECTION & (2) 5 FT LANDSCAPE STRIPS
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STERED9412P1.2PRELIMINARY DEVELOPMENT FEATURESOPEN SPACE LOTSPHASE #1
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Garden City, Idaho 83714Copyright---- THE PROFESSIONAL SERVICES OF THE DESIGN PROFESSIONAL ARE UNDERTAKEN FOR AND ARE PERFORMED IN THE INTEREST OF "THE CLIENT" NO CONTRACTUAL OBLIGATION IS ASSUMED BY THE DESIGN PROFESSIONAL FOR THE BENEFIT OF ANY OTHER PERSON INVOLVED IN THE PROJECT.2022S. 10TH AVE.HOMEDALE RD.TATER ST.JULIET ROSE AVE.
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Garden City, Idaho 83714Copyright---- THE PROFESSIONAL SERVICES OF THE DESIGN PROFESSIONAL ARE UNDERTAKEN FOR AND ARE PERFORMED IN THE INTEREST OF "THE CLIENT" NO CONTRACTUAL OBLIGATION IS ASSUMED BY THE DESIGN PROFESSIONAL FOR THE BENEFIT OF ANY OTHER PERSON INVOLVED IN THE PROJECT.2022NOTES:PLAN VIEWNOTE:(TYPICAL AT TREES IN TURF AREAS)NOTES:SECTIONPLAN VIEW
CITY OF CALDWELL CASE NO: SUB23-000027 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: SUB23-000027 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: SUB23-000027 Selah Estates
Dear Angelica Gomez,
Application Case Number(s): SUB23-000027: Toll Brothers, on behalf of Toll
Southwest LLC, is requesting a final plat approval for Selah Estates, a residential
subdivision with 52 single-family lots and 10 common lots. The subject parcel is
zoned R-1 – Low Density Residential. The preliminary plat for Selah Estates,
SUB20-000012, was approved by City Council on June 7, 2021. The subject
parcel, R2505201200, is located on the northwest corner of the intersection
between S. 10th Ave. and E. Homedale 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)
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)
403 Blaine Street Caldwell, ID 83605 Phone 208-649-1266 Fax 208-455-3014
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. 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