HomeMy WebLinkAboutMandalay Ranch No. 7 FP CC_FCO_2023-11-21CITY OF CALDWELL CASE NO: SUB23-000029 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 A FINAL PLAT APPROVAL FOR
MANDAYLAY RANCH NO. 7.
Property Owner: AG Essential Housing Multi State
2, LLC
)
)
)
)
)
)
)
)
)
)
)
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. SUB23-000029
Associated Case No. ANN-140-06 / SUB-
163P-06
This matter came before the Caldwell City Council (“Council”) for hearing and consideration on the 21st
day of November 2023, upon a request filed by applicant Ian Connair (“Applicant”), on behalf of Kimley-
Horn, 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 11-02-01 Procedures
Caldwell City Code 11-02-02 Content
Caldwell City Code 11-02-03 Subdivisions Review and Hearings
Caldwell City Code Chapter 10, Article 7 Caldwell Landscaping Ordinance
Idaho Code Title 67, Chapter 65 Local Land Use Planning
CITY OF CALDWELL CASE NO: SUB23-000029 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 Final Plat approval for Mandalay Ranch No. 7 is a forty-six (46) single-family
lot and three (3) common lot residential subdivision on 13.1 acres on parcel R3409601000in the R-1
(Low Density Residential) zone, located in the 19-4N-2W SE NWSE LS S&W OF MASON CR
DRAIN & LS TX 12 & TX 06214 & SUBS, the City Council received and reviewed the record and finds
and concludes the following:. The subject parcel is zoned R-1 – Low Density Residential.
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
1. The Council has the authority to approve or deny the application;
2. The final plat is compliant with city codes; and
3. The final plat is compliant with the approved preliminary plat; and
4. The proposed final plat meets the required approval criteria and standards as set forth in Caldwell City
Codes.
III
The approval of the application requests for (SUB23-000029), are subject to the adherence with the
following conditions.
1. Applicant shall meet the platting requirements as set for by City Code and in the preliminary plat approval for this final plat, and for any letters of credit required. 2. 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. 3. Recorded mylars of the final plat shall be submitted to the Caldwell Engineering Department.
4. One paper copy of the recorded mylar shall be submitted to the Caldwell Planning and Zoning Department.
CITY OF CALDWELL CASE NO: SUB23-000029 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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 approval for forty-six (46) single-family lot and three (3) common lot residential
subdivision on 13.1 acres on parcel R34096010000in the R-1 (Low Density Residential) zone, located in
the 19-4N-2W SE NWSE LS S&W OF MASON CR DRAIN & LS TX 12 & TX 06214 & SUBS, 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 21st day of November 2023.
_____________________________________ ___________________
Mayor Jarom Wagoner Date
ATTEST:
_______________________ City Clerk
CITY OF CALDWELL CASE NO: SUB23-000029 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Attachment A
Final Approved Site Plans, Plats, Elevations, and Landscape Plans
CITY OF CALDWELL CASE NO: SUB23-000029 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Attachment B
City of Caldwell Engineering Comments
CITY OF CALDWELL CASE NO: SUB23-000029 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Attachment C
City of Caldwell Fire Comments