HomeMy WebLinkAboutBaja Springs CC FCOBEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT APPROVAL FOR BAJA SPRING SUBDIVISION, A 14 LOT (12 RESIDENTIAL LOTS, 2 COMMON LOTS) SUBDIVISION IN A R-2 (MEDIUM DENSITY RESIDENTIAL) ZONE.
Property Owner: J and V Construction LLC
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. SUB22-000028
This matter came before the Caldwell City Council (“Council”) for hearing and consideration on the 21st day of November 2023, upon a request filed by applicant Tamee
Bilbo (“Applicant”), on behalf of J and V Construction 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
10-02-03
Height, Setback, and Area Schedule
Caldwell City Code
10-03-12
Neighborhood Meeting
Caldwell City Code
Chapter 11
Subdivision
Idaho Code
Title 67, Chapter 65
Local Land Use Planning
City of Caldwell
2040 Comprehensive Plan
Treasure Valley
Tree Selection Guide
City of Caldwell
2040 Bicycle and Pedestrian Master Plan
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 preliminary plat approval for Baja Spring Subdivision, a 14 lot (12 residential lots, 2 common lots) subdivision on 3 acres on Parcel R0410001000, located
in a portion of 35-4N-3W NW MOUNTAIN VIEW SUB 1 BLK Z LS TX 97217, the City Council received and reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on June 23, 2023, in compliance with Chapter 10 Article 3 Section 12 of Caldwell City Code.
A public hearing on the requested Preliminary Plat was held before the Hearing Examiner on October 25, 2023, at which time city staff presented a staff report along with an analysis
of the application and all pertinent information on the case. The applicant then presented their requests; and oral testimony in opposition, neutral, and in favor were taken and made
a part of the permanent record.
Based upon the testimony, information received, and record of evidence presented, the Hearing Examiner made a RECOMMENDATION TO THE CITY COUNCIL FOR APPROVAL of the request for a Preliminary
Plat (SUB22-000028), subject to the conditions herein; and
A public hearing on the Preliminary Plat request was held before the City Council on November 21, 2023, at which time city staff presented a staff report along with an analysis of the
application and all pertinent information on the case. The applicant then presented their requests; and oral testimony in opposition, neutral, and in favor were taken and made a part
of the permanent record of evidence.
Based upon the testimony, information received, the record of evidence presented, and consideration of the recommendation from the Hearing Examiner, the City Council voted to APPROVE
the request for a Preliminary Plat, 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
PRELIMINARY PLAT
The Council has the authority to approve or deny the application;
The plat is in compliance with "city code";
The plat is consistent with the city comprehensive plan;
Public services and utilities are available or can be made available and are adequate to accommodate the proposed subdivision;
The plat is consistent with the city transportation master plan;
The subdivision preserves natural, scenic or historic features, if applicable; and
The proposed preliminary plat meets the required approval criteria and standards as set forth in Caldwell City Codes.
III
The approval of the application requests for (SUB22-000028), are subject to the adherence with the following conditions.
Development of the subject property shall be consistent with all requirements, codes, policies, standards, and regulations of the City of Caldwell, unless specifically stated otherwise
in the in the Order of Decision.
Any nuisances existing on the property (weeds, trash, debris, etc) shall be resolved and in compliance with city codes prior to the approval of any construction drawings and/or issuance
of building permits.
Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification
and approval of that application prior to commencing any change.
All improvements and operations shall comply with applicable local, state and federal requirements and procedures whether specifically addressed in the analysis of this application or
not.
All requirements from the Fire Department for access, turnarounds, emergency access, water supply, fire hydrants, etc. shall be met in the development and/or platting of the subject
property. Final approval of the location and number of fire hydrants within the development shall be determined by the Fire Marshal and take place by phase at the time of submittal
of applicable construction drawings for each phase. In addition, all other conditions as listed in Attachment C must be met.
Comply with all requirements of the City Engineering Department as specified in their memo dated 17th day of October, 2023 and shown in Attachment B.
The development shall utilize cluster mailboxes for delivery of mail. Individual mailboxes shall not be allowed. A cluster mailbox placement plan shall be submitted to the Planning
and Zoning department showing coordination with the United States Postal Services prior to submitting the construction drawings.
All new construction shall comply with the current height, setback, and area schedule in effect at the time the building permit is filed, excluding setbacks, height, and/or area schedule
requirements approved through a planned unit development, special use permit and/or development agreement.
Subdivision Construction Signage: At the time of development a "rules and regulations" sign shall be posted and maintained at the entryways to the project until it is fully developed
and build out is complete. The signs would be intended for subcontractors performing work and should include: a) no dogs; b) no loud music; c) no alcohol or drugs; d) no abusive language;
e) disposal
of personal trash and site debris; f) daily cleanup of any mud and/or dirt that is deposited from the construction parcel onto streets; g) installation of a temporary construction fence
that would keep debris from being blown off site by the wind; h) no burning of construction or other debris on the property.
Preliminary Plat Expiration: Preliminary plat approval is valid for twenty-four (24) months from the date of signature on the approving order of decision, meaning a final plat must
be recorded within twenty-four (24) months of the date of signature on the approving order of decision for the preliminary plat.
Phased Subdivisions: The subdivider may file and obtain acceptance of successive final plats for continuous segments of the approved preliminary plat without reapplication for preliminary
plat approval, provided that final plats are recorded in successive intervals of not more than one year each, as measured from the date of signature on the approving order of decision
for the preliminary plat, and provided that "city code", as herein defined, and any subsequent amendments as adopted by the city before, during or after preliminary plat approval, is
followed in all design, engineering plans, construction and final plats for all phases, with the exception of lot sizes, lot dimensions, setbacks, number of lots and any exceptions
approved at the time of preliminary platting, which shall remain as indicated in the preliminary plat order of decision and/or development agreement.
Concept Site Plan. The Concept Site Plan ((Exhibit 1, Attachment A) represents the Owner’s current concept for completion of the Project. As the Concept Site Plan evolves, the City understands
and agrees that certain changes in that concept may occur or be required. If the City determines that any such changes require additional public comment due to potential impacts on
surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan and notice shall be provided as may be required by the City. The Owner
understands and agrees that any changes or modifications to the site plan must submitted to the City for review and approval prior to development.
Approved Subdivision Name. No changes to an approved subdivision name on a preliminary plat shall occur unless a request is initiated through the filing of a Subdivision Name Change
Request Application for administrative staff level review and approval. If approved, preliminary plat drawings will need to be amended and submitted to the Planning and Zoning Department
with the reflected subdivision name change prior to the acceptance and/or approval of construction drawings. All construction drawings and final plats shall reflect the new approved
subdivision name. Upon recordation of the final plat, all recorded subdivisions shall be known and referred to by the city approved subdivision name, in all permanent or temporary signage
physically located on or near the location of the subdivision, and on all deeds and legal documents. This requirement shall continue through the development of each phase of the subdivision
and shall survive completion of the subdivision unless a request is initiated through the filing of a Subdivision Name Change Request Application for administrative staff level review
and approval. If approved, an amended final plat drawing in compliance with 11-02-02 (2) will be required. A variation in the subdivision name required by this chapter may be permitted
for parcels within the subdivision that are being developed solely for commercial or multi-family commercial apartments, as approved by the city, and may be designed and
constructed as their own separate phases which do not have to follow the subdivision phasing sequencing required by 11-02-03 (1) (G). Owners and developers acting in violation of this
requirement shall subject to the administrative citation process outlined in Section 10-03-13 of this Code.
Approved Street Names, Street Layout, Lot and Block Numbering, and Subdivision Phasing Plan. No changes to the original approved street names, street layout and configuration, lot and
block numbering, or subdivision phasing plan shall occur without prior approval from the City of Caldwell Mapping Division. Any substantial changes from what was originally approved
may require additional public hearings.
Landscape Plan. The Landscape Plan (Exhibit 1, Attachment A) represents the Owner’s current concept for all existing and proposed landscape street buffers, buffers between land uses,
open space, parking lot landscaping, landscape planters, existing and proposed trees, shrubs and plantings, micro and major pathways, landscape strips, public amenities, structures
and equipment proposed for recreational use, common lots, common easements, school bus stop areas, irrigation system and water source, and all other landscape improvements including,
but not limited to, earth berms, walls, trash enclosures, specialty lighting, required or proposed fences. The Owner understands and agrees that any changes or modifications to the
landscape plan must submitted to the City for review and approval prior to installation. The City understands and agrees that certain changes in that concept may occur or be required.
If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, or that such change is a substantial
enough change from the landscape plan presented to the public, a public hearing shall be held on the proposed changes and notice shall be provided as may be required by the City.
The applicant shall comply with all landscaping requirements based on Caldwell City Code, Chapter 10, Article 7.
Landscape Maintenance: All landscaping and screening devices shall be maintained in an attractive, live, safe and healthy manner.
Fencing: Fencing must comply with Caldwell City Code Section 10-02-07.
This approval is for this application only. Additional permits, licenses and approvals may be necessary.
The controller as defined by Caldwell City Code is responsible for maintaining all landscaping and screening devices within a subdivision and/or development and/or the subject property.
As applied to the subdivision or development process, the controller is understood to be the property owner, association or person representing the property owner's interest with responsibility
for abiding by the city's standards, rules, regulations, policies, codes and ordinances.”
The street landscape buffers shall contain a mixture of trees (deciduous and evergreen), shrubs, lawn, vegetative and non-vegetative ground cover so that the entire buffer area is covered.
A minimum of seventy percent (70%) of the buffer area shall be covered with a turf-type grass. For new plantings, grass sod installation is required. Seeding, hydro-seeding, or similar
methods shall not be allowed and the plant sizes shall meet or exceed the minimum plant sizes as set forth in §10-07-04 (6) as follows:
Evergreen trees
6 to 7 foot height minimum
Ornamental trees
2 inch caliper minimum
Shade trees
2 inch caliper minimum
Woody shrubs
2 gallon pot minimum
If any term or provision of this decision, to any extent, is held invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby, but each such remaining
term and provision shall be valid and enforced to the fullest extent permitted by law.
A general utility, irrigation and drainage easement of a minimum ten feet (10') in width is required along all front and rear lot lines and shall be shown and dedicated as such on the
final plat, this will be to be shown on the preliminary plat before going to city council.
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 preliminary plat approval for Baja Spring Subdivision, a 14 lot (12 residential lots, 2 common lots) subdivision on 3 acres on Parcel R0410001000, located in a portion
of 35-4N-3W NW MOUNTAIN VIEW SUB 1 BLK Z LS TX 97217 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 21st 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
Exhibit 1 – Attachment D
City of Caldwell Mapping Department Comments and Conditions of Approval
Exhibit 1 – Attachment E
Approved Hearing Examiner
Findings of Facts, Conclusions of Law, and Recommendation / Order