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Home My WebLink AboutFCO ICCU Plat Mod (2)CITY OF CALDWELL CASE NO: SUB23-000005 Page 1 of 5 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER EXHIBIT 1 BEFORE 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 ) ) ) ) ) ) ) ) ) ) ) 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 CASE NO: SUB23-000005 Page 2 of 5 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER EXHIBIT 1 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 CITY OF CALDWELL CASE NO: SUB23-000005 Page 3 of 5 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER EXHIBIT 1 The approval of the application requests for (SUB23-000005), are subject to the adherence with the following conditions. 1. 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. 2.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 thePlanning & Zoning Director, from said (Attachment A) shall require City Council approval througha public hearing. 3.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. 4.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. 5.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. 6. 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. 7.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. 8.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. 9.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. 10. The applicant shall comply with all landscaping requirements based on Caldwell City Code, Chapter 10, Article 7. 11.This approval is for this application only. Additional permits, licenses and approvals may be necessary. CITY OF CALDWELL CASE NO: SUB23-000005 Page 4 of 5 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER EXHIBIT 1 12.The property owner is responsible for the maintenance of all landscaping and screening devices required. 13. 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 CITY OF CALDWELL CASE NO: SUB23-000005 Page 5 of 5 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER EXHIBIT 1 Attachment A US HIGHWAY 20-26 (200.0' WIDE PUBLIC HIGHWAY)SADDLE AVENUE(70.0' WIDE PUBLIC STREET)HAYSTACK WAY(70.0' WIDE PUBLIC STREET)L1C1 L2C2L3S 89°46'53" E 307.02'L4S 89°46'53" E 244.82'S 0°39'02" W 279.16'L5N 89°49'34" E 311.03'N 89°49'34" E 265.37' 24 24 25 25 NORTH RANCH BUSINESS PARK PHASE 2, BLOCK 3, LOTS 1 AND 2 AMENDED 23 24 26 25 6891 South 700 West Ste. 150 Midvale, Utah 84047 Phone (801) 266-5099 Fax (801) 266-5032 office@diamondlandsurveying.com www.diamondlandsurveying.com A.L.T.A. & N.S.P.S. Surveys Construction Staking Topography Surveys Boundary Surveys Subdivisions ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” 6891 South 700 West Ste. 150 Midvale, Utah 84047 Phone (801) 266-5099 Fax (801) 266-5032 office@diamondlandsurveying.com www.diamondlandsurveying.com A.L.T.A. & N.S.P.S. Surveys Construction Staking Topography Surveys Boundary Surveys Subdivisions NORTH RANCH BUSINESS PARK PHASE 2, BLOCK 3, LOTS 1 AND 2 AMENDED 6891 South 700 West Ste. 150 Midvale, Utah 84047 Phone (801) 266-5099 Fax (801) 266-5032 office@diamondlandsurveying.com www.diamondlandsurveying.com A.L.T.A. & N.S.P.S. Surveys Construction Staking Topography Surveys Boundary Surveys Subdivisions NORTH RANCH BUSINESS PARK PHASE 2, BLOCK 3, LOTS 1 AND 2 AMENDED