HomeMy WebLinkAboutMason Creek Landing FCOCITY OF CALDWELL CASE NO: TE23-000004 Mason Creek Landing Time Extension 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 AN 18-MONTH TIME EXTENSION OF
MASON CREEK LANDING SUBDIVISION
PRELIMINARY PLAT.
Property Owner: Providence Holdings LLC.
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. TE23-000004
Associated Case No. SUB-16P-02
This matter came before the Caldwell City Council (“Council”) for hearing and consideration on
the 16th day of May, 2023, upon a request filed by applicant Patrick Connor (“Applicant”), on behalf of
Hubble Homes, 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 11-02-03 Subdivisions Review and Hearings
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 10-03-03 Amendment and Reclassification
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 2040 Bicycle and Pedestrian Master Plan
CITY OF CALDWELL CASE NO: TE23-000004 Mason Creek Landing Time Extension 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 a 18 month Time Extension of Mason Creek Landing Subdivision
Preliminary Plat in an R-2 (Medium Density Residential) zone approximately 41.56 acres on Parcel
R3430701000, located in the 29-4N-2W SW TX 20232 IN SW LS TX 21622, the City Council received
and reviewed the record and finds and concludes the following:
A public hearing on the 18 month Time Extension of Mason Creek Landing Subdivision
Preliminary Plat requests was held before the City Council on May 16, 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, the City Council
voted to APPROVE the request for an 18 month Time Extension of Mason Creek Landing Subdivision
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 TIME EXTENSION APPROVAL CRITERIA
Caldwell City Code Section 11-02-03 (1) F3 outlines the Conclusions of Law for approving a
preliminary plat time extension. Before the council approves any preliminary plat time extension, the
council must find and conclude the following:
1. The preliminary plat, as previously approved, is still in the best interests of the safety, health and general welfare of the city.
2. There have been no significant changes to city code between the date of preliminary plat approval and the application date of the time extension request that would require substantial modifications to the lot layout.
3. Any modification to the layout and design of the originally approved preliminary plat are minimal.
CITY OF CALDWELL CASE NO: TE23-000004 Mason Creek Landing Time Extension FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
4.The preliminary plat still conforms to the new or amended development master plans, including, but
not limited to: public facilities plans, pathways and bike routes plans, parks and recreation master plans.
III
The approval of the application requests for (TE23-000004), are subject to the adherence with the
following conditions.
1.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
development agreement or in the Order of Decision.
2.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.
3.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.
4.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.
5.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.
6.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.
7.Mason Creek Landing Subdivision No. 5 shall be recorded no later than October 16, 2024. Each
subsequent phase shall be recorded in accordance with the requirements of the City of Caldwell
Codes.
8.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
CITY OF CALDWELL CASE NO: TE23-000004 Mason Creek Landing Time Extension FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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.
9. 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.
10. The development shall be constructed in substantial compliance with the preliminary plat and
landscape plan attached hereto and as conditioned in case files SUB-16P-02, APP-16-07, SUB-
17P-02 as amended to comply with City Ordinances and requirements at time of development.
11.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.
12.The applicant shall comply with all landscaping requirements based on Caldwell City Code,
Chapter 10, Article 7.
13.Landscape Maintenance: All landscaping and screening devices shall be maintained in an
attractive, live, safe and healthy manner.
14.Parking Lot Landscaping: Linear grouping of parking spaces shall not exceed twelve (12) in a
row, without the installation of an interior landscape planter island. Landscape planter islands
shall contain a minimum of sixty (60) square feet of area when serving a single row of parking.
Landscape planter islands shall contain a minimum of one hundred twenty (120) square feet of
area when accommodating a double row of parking spaces. Islands shall contain a minimum of
one Class 1 or 2 tree and shall be covered with a combination of low shrubs, lawn or other
vegetative or nonvegetative ground cover if wet landscaping is utilized. If dry landscaping is
CITY OF CALDWELL CASE NO: TE23-000004 Mason Creek Landing Time Extension FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
utilized, the island shall be covered with rock ground cover and a minimum of one boulder and
there shall be no requirement for vegetation. Class 3 trees are prohibited in the interior planter
islands.
15. Development shall comply with Development Agreement DA-17-01 recorded as instrument
#2017-000901.
16. Proposed fencing must comply with Caldwell City Code Section 10-02-07.
17.This approval is for this application only. Additional permits, licenses and approvals may be
necessary.
18.The property owner is responsible for the maintenance of all landscaping and screening devices
required.
19.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.
20.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
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 18 month Time Extension of Mason Creek Landing Subdivision Preliminary
Plat in an R-2 (Medium Density Residential) zone approximately 41.56 acres on Parcel R3430701000,
located in the 29-4N-2W SW TX 20232 IN SW LS TX 21622, 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 16th day of May 2023
_____________________________________ ___________________
Mayor Jarom Wagoner Date
CITY OF CALDWELL CASE NO: TE23-000004 Mason Creek Landing Time Extension FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment A
Site Plans, Plats, Elevations, and Landscape Plans