HomeMy WebLinkAboutTE23-000014 Peregrine Est. No 6 FCO CCBEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A 12 MONTH TIME EXTENSION FOR PEREGRINE ESTATES SUBDIVISION NO. 6.
Property Owner: Viper Investments LLC
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. TE23-000014
Associated Case No. SUB-156P-06
This matter came before the Caldwell City Council (“Council”) for hearing and consideration on the 16th day of January 2024, upon a request filed by applicant Matt Price of JUB Engineers
(“Applicant”), on behalf of Viper Investments 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
11-02-01
Procedures
Caldwell City Code
11-02-03
Subdivisions Review and Hearings
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 twelve (12) month Time Extension Peregrine Estates Subdivision No. 6, an R-1 (Low Density Residential) zone approximately 15.97 acres on Parcel R32818011D2
located in the 13-3N-3W NW TX 05907 IN NWSW LS TX 06501, 06502, 17497, 18457, 22578 & LS RD, the City Council received and reviewed the record and finds and concludes the following:
A hearing on the twelve (12) month Time Extension requests was held before the City Council on January 16, 2024, 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 an opportunity for oral testimony in opposition, neutral, and in favor
was opened 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 a twelve (12) month Time Extension, 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
Caldwell City Code Section 11-02-03 (1) F outlines the Conclusions of Law for approving a Time Extension. Before the council approves a final plat, the Council must find and conclude
the following:
1. Time Extension is compliant with city codes.
2. The preliminary plat, as previously approved, is still in the best interests of the safety, health and general welfare of the city.
3. 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.
4. Any modification to the layout and design of the originally approved preliminary plat are minimal.
5. The preliminary plat still conforms with 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 (TE23-000014), are subject to the adherence with the following conditions.
Site Specific Requirements:
The applicant shall record the final plat for Peregrine Estates Subdivision No. 6 by November 22, 2024 or shall submit an application for another time extension by that date.
The applicant shall adhere to all requirements of SUB-156P-06.
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 twelve (12) month Time Extension for Peregrine Estates Subdivision Preliminary Plat, an R-1 (Low Density Residential) zone approximately 15.97 acres on Parcel R32818011D2
located in the 13-3N-3W NW TX 05907 IN NWSW LS TX 06501, 06502, 17497, 18457, 22578 & LS RD, the City Council received and reviewed the record and finds and concludes the following:
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 January 2024.
_____________________________________ ___________________
Mayor Jarom Wagoner Date
ATTEST:
_______________________
City Clerk
Exhibit 1 - Attachment A
Final Approved Site Plans, Plats, Elevations, and Landscape Plans
Exhibit 1 - Attachment B
Fire Department Comments