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Caldwell Planning & Zoning Department
STAFF REPORT / FINDINGS
Consent Item | City Council | 2/6/2024
Staff Planner: Morgan Bessaw
CASE NO(s): SUB23-000044
STAFF REVIEW SUMMARY:STAFF: Staff finds the final plat IS compliant with all applicable codes, regulations, and policies, and is in conformance with the approved preliminary plat.
Staff recommends if approved, the approvals be subject to the conditions listed in the Findings of Fact, Conclusion of Law, and Decision herein.
PROJECT SUMMARY:
Proposed Land Use Applications:
Final Plat for Arbor Subdivision No. 6, consisting of 71 residential lots and 15 common lots.
Project Name:
Arbor Subdivision
Applicant:
KM Engineering LLP
Property Owner:
Brighton Development Inc
Parcel ID Number(s):
R3434201000
Property or Project Size:
10.9 acres
DECISION BODY – REQUIRED FINDINGS & APPROVAL CRITERIA
Before the City Council approves any application, the Council must find and conclude the proposed application is compliant with the Caldwell City Code approval criteria as listed under
#11 within Section I, Findings of Facts, within this report.
BEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
NOTE: THIS IS NOT A PREDETERMINED DECISION.
PORTIONS OF THE FINDINGS ARE WRITTEN IN AN APPROVAL AND DENIAL FORMAT. ALL EVIDENCE WILL BE CONSIDERED AND THE FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION WILL BE UPDATED PRIOR
TO FINAL SIGNATURE.
IN THE MATTER OF AN APPLICATION
FOR A FINAL PLAT APPROVAL FOR ARBOR
SUBDIVION NO. 6
Property Owner: Brighton Development Inc.
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND DECISION
Case No. SUB23-000044
FINDINGS OF FACTS
APPLICANT:
Nick Bruyn of KM Engineering, LLP
5725 N. discovery Way, Boise, ID 83713
nbruyn@kmengllp.com, 208-639-6939
PROPERTY
OWNER:
Brighton Development Inc.
APPLICATION
REQUEST:
Application for final plat approval of Arbor Subdivision No. 6.
SITE ADDRESS
AND LOCATION:
The subject site is located on the Northwest corner of Ustick Rd. and Midland Blvd., in Caldwell, Idaho, with a property address of 18037 Midland Rd.; more particularly described as
being located in the SE ¼ of the SE ¼ of Section 32, T4N, R2W, BM, City of Caldwell, Idaho.
ASSESSOR PARCEL NUMBER(S):
Parcel Number R3434201000
PROPERTY SIZE:
Approximately 10.9 acres
PUBLIC NOTICING:
The following noticing was completed in accordance with Caldwell City Code Section 10-03-12:
Public Agency Notification Sent
1/12/2024
AGENCY COMMENTS: Public agency comments were received from the following agencies and are included in their entirety as part of the official record and the exhibits attached hereto.
Idaho Transportation Department (ITD) – General information only – no opposition stated
City of Caldwell Engineering Department – Provided general conditions for approval
City of Caldwell Fire Department – Provided general conditions for approval
PRELIMINARY PLAT AND DEVELOPMENT
BACKGROUND
AND HISTORY:
The preliminary plat for Arbor Subdivision, PUD-18P-01, was approved by the City Council on 8/20/2018 and the Phase 5 final plat was recorded on September 13, 2023.
This phase consists of 10.9 acres and includes 71 single-family residential lots.
APPLICABLE REGULATIONS
AND GUIDING DOCUMENTS:
City of Caldwell Zoning Ordinance No. 1451, as amended
City of Caldwell Subdivision Ordinance, as amended
Idaho Code, Title 67, Chapter 65, Local Planning Act
REQUIRED FINDINGS & APPROVAL STANDARDS –
Final Plat:
Caldwell City Code Section 11-02-03 (2) D outlines the Conclusions of Law for approving a final plat. Before the council approves a final plat, the council must find and conclude the
following:
1. Final plat is compliant with city codes.
2. Final plat is compliant with the approved preliminary plat.
STAFF REVIEW AND ANALYSIS:
The preliminary plat for Arbor Subdivision (PUD-18P-01) was approved by City Council on August 20, 2018 and is in their sixth phase of development of this subdivision, with Phase 5 (SUB21-000035)
being approved on August 4, 2022 and recorded on September 13, 2023.
This phase of development is a single-family residential subdivision containing 71 buildable lots and 15 common lots on approximately 10.9 acres. The subject parcel is zoned R-1 – Low
Density Residential. The subject final plat proposes no significant changes to the vehicular and pedestrian connectivity nor the amount of open space; the same number of building lots
as approved with the preliminary plat are also proposed in this phase. Therefore, Staff finds the proposed Arbor Subdivision No. 6 final plat is consistent with all previous approvals,
including the preliminary plat.
CITY COUNCIL DECISION:
CONCLUSIONS OF LAW
Regarding the request for a final plat approval for Arbor Subdivision No. 6, a residential subdivision with 71 single-family lots and 15 common lots in an R-1 (Low Density Residential)
zone on approximately 10.9 acres on Parcel R3434201000, located in the SE ¼ of the SE ¼ of Section 32, T4N, R2W, BM, City of Caldwell, the City Council received and reviewed the record
and finds and concludes the following:
The preliminary plat has not expired, and the final plat is in significant conformance with the approved preliminary plat.
Based upon the information received and the record of evidence presented, the City Council voted to APPROVE the request for final plat approval, 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
FINAL PLAT
The Council has the authority to approve or deny the application;
The final plat is compliant with city codes; and
The final plat is compliant with the approved preliminary plat; and
The proposed final plat meets the required approval criteria and standards as set forth in Caldwell City Codes.
CONDITIONS OF APPROVAL
NOTE: Any conditions removed by the governing body will be shown in a strikethrough.
Any conditions added by the governing body will be shown as underlined.
The approval of the application requests for (SUB23-000044), are subject to the adherence of the following conditions:
General Requirements:
Applicant shall meet the platting requirements as set forth by City Code and in the preliminary plat approval for this final plat, and for any letters of credit required.
Applicant shall meet the Engineering Department Conditions of Approval as shown in Attachment B. and the Fire Department Conditions of Approval as shown in Attachment C.
Recorded mylars of the final plat shall be submitted to the Caldwell Engineering Department.
One paper copy of the recorded mylar shall be submitted to the Caldwell Planning and Zoning Department.
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 a Development Agreement or in the Order of Decision.
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.
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 Exhibit 2 must be met.
Comply with all requirements of the City Engineering Department as specified in their memo dated 1/2/2024 and shown in Exhibit 2.
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.
Fencing: Fencing must comply with Caldwell City Code Section 10-02-07.
This approval is for the application(s) specified herein only. Additional permits, licenses and approvals may be necessary.
Cluster Mailboxes: 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.
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 buildout 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.
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 be subject to the administrative citation process outlined in Section 10-03-13 of this Code.
Plat Modifications or Replats. A revised copy of the plat shall be required to be submitted to the Planning and Zoning Department within forty-five (45) days of the final approval by
City Council. Final plat modifications or replats will require a revised final plat to be recorded and a copy of the recorded plat shall be submitted to the Planning and Zoning Department
within forty-five (45) days of the final approval by City Council.
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.
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 approval for Arbor Subdivision No. 6, a residential subdivision with 71 single-family lots and 15 common lots in an R-1 (Low Density Residential) zone
on approximately 10.9 acres on Parcel R3434201000, located in the SE ¼ of the SE ¼ of Section 32, T4N, R2W, BM, City of Caldwell, 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 date, February 6, 2024.
_____________________________________ __________________
Jarom Wagoner, Mayor Date of Decision
ATTEST:
_____________________________________
Debbie Geyer, City Clerk
City of Caldwell
EXHIBITS
Exhibit 1: Application Documents
Application
Narrative
Vicinity Map
Final Plat
Approved Preliminary Plat
Landscape Plan
Exhibit 2: City Department Conditions of Approval and Comments
City of Caldwell Engineering Department
City of Caldwell Fire Department
Exhibit 3: Outside Agency Comments
Idaho Department of Transportation
Exhibit 1:
Application Documents
Exhibit 2:
City Department Conditions of Approval and Comments
Exhibit 3:
Outside Agency Comments