HomeMy WebLinkAboutFCO ICCU Plat ModBEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR FINAL PLAT MODIFICATION OF NORTH RANCH PHASE 2.
Property Owner: IDAHO CENTRAL CREDIT UNION
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. SUB23-000005
This matter came before the Caldwell City Council for hearing and consideration on the 4th day of April, 2023, upon a request filed by applicant Hallie Hart on behalf of BVA Development,
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
10-03-03
Amendment and Reclassification
Caldwell City Code
10-03-12
Neighborhood Meeting
Caldwell City Code
Chapter 10, Article 7
Caldwell Landscaping Ordinance
Caldwell City Code
10-01-01
Traffic Impact Study Requirements
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 Final Plat Modification in a C-3 (Service Commercial) zone approximately 1.61 acres on Parcels R3527610600, R3527610500, R35276, located in the 24-4N-3W
SW NORTH RNCH BUSN PRK2 LT 2 BLK 3 LS TX 22217, the City Council received and reviewed the record and finds and concludes the following:
A public hearing on the Final Plat Modification request was held before the City Council on April 4, 2023, at which time city staff presented a staff report along with an analysis of
the application and all pertinent information on the case to the City Council. The applicant then presented the 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 Final Plat Modification, subject to the conditions herein. In approving the request for a Final Plat Modification, the City Council concluded the following:
The application approval process has complied with a public notice and hearing requirements of Idaho; and
Approval Criteria and Standards: Final Plat Modification (Subdivision) SUB23-000005
The plat is in compliance with "city code" as herein defined.
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 subdivision preserves natural, scenic or historic features, if applicable.
III
CONDITIONS OF APPROVAL
The approval of the application requests for (SUB23-000005), are subject to the adherence with the following conditions.
Development of the subject property shall comply with all requirements, city codes, ordinances, policies, standards, and regulations of the City of Caldwell, and all applicable agencies,
including but not limited to Idaho Transportation Department, the City of Caldwell Building Department, and the City of Caldwell Fire Department.
The development, design, and construction shall be in substantial compliance with the submitted Record of Survey (Attachment attached hereto). Any substantial deviations, as determined
by the Planning & Zoning Director, from said (Attachment A) shall require City Council approval through a public hearing.
If the City of Caldwell has established a design review process at the time of submittal of development application(s) for the subject property, the applicant will be required to go
through the design review process.
In the event the Subject Property’s legal description is discovered to be in error, the Developer and/or Owner will be responsible for assuming the measures necessary to provide the
City with an accurate legal description of the Subject Property.
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.
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.
The applicant shall post and maintain a “Rules and Regulations” sign at the entryways to the residential subdivision until it is fully developed. The signs would be intended for subcontractors
performing work and should include: 1) no dogs; 2) no loud music; 3) no alcohol or drugs; 4) no abusive language; 5) dispose of personal trash and site debris; 6) clean up any mud and/or
dirt that is deposited from the construction parcel onto streets; 7) installation of a temporary construction fence that would keep debris from being blown off site by the wind; 8)
no burning of construction or other debris on the Property.
The applicant shall comply with all landscaping requirements based on Caldwell City Code, Chapter 10, Article 7.
This approval is for this application only. Additional permits, licenses and approvals may be necessary.
The property owner is responsible for the maintenance of all landscaping and screening devices required.
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.
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 Final Plat Modification on approximately 1.61 acres_ (Parcel R3527610600, R3527610500, R35276) located in the 24-4N-3W SW NORTH RNCH BUSN PRK2 LT 2 BLK 3 LS TX 22217
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 4th day of April 2023
_____________________________________ ___________________
Mayor Jarom Wagoner Date
ATTEST:
_______________________
City Clerk
Attachment A