HomeMy WebLinkAboutMandalay Ranch No. 7 FP CC_FCO_FINAL_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
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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 CaldwellAPPROVED FOR CONSTRUCTIONThese plans and/or specifications havebeen reviewed for compliance with the Cityof Caldwell specifications. This reviewdoes not relieve the owner, engineer, orcontractor of the responsibility to designand/or construct these facilities incompliance with all current applicablefederal, state, and local laws, rules,regulations, ordinances, orders ofdecisions, development agreements, orspecifications. Inconsistencies notisolated by City staff shall not beconstrued as approved unless specificallyaddressed as a variance and granted byCity Council as a variance. The Cityretains the right to enforce provisions ofsaid document and policies even ifinconsistencies are not noted by the City. Any revisions of these approved plans willrequire a resubmittal for a full review andapproval.Name:
MATCHLINE - SEE SHEET L1.0MATCHLINE - SEE SHEET L1.221MATCHLINE - SEE SHEET L1.0MATCHLINE - SEE SHEET L1.16665S 00°24'03" E 82.50'N 00°24'03" W 173.22'N 38°11'27" W 186.67'266.02'58.00'58.00'58.00'58.00'58.00'58.00'58.00'58.00'58.00'58.00'58.00'58.00'58.00'58.00'58.00'49.31'61.00'61.00'61.00'53.37'84.77'83.51'S 00°24'03" E 76.50'S 89°35'57" W 106.50'N 89°35'57" E 107.94'S 00°24'03" E 57.48'73.30'72.41'55.51'72.41'8.14'69.76'96.56'22.29'81.87'77.13'20.00'75.00'25.99'62.00'62.22'55.33'61.00'61.00'61.00'35.28'94.55'14.98'55.92'68.78'2
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C27C28C29C30B13 L117,523 sq.ft.0.17 acresB13 L126,497 sq.ft.0.15 acresB13 L136,497 sq.ft.0.15 acresB13 L146,497 sq.ft.0.15 acresB12 L299,211 sq.ft.0.21 acresB12 L307,830 sq.ft.0.18 acresB12 L318,107 sq.ft.0.19 acresB12 L328,041 sq.ft.0.18 acresB12 L338,498 sq.ft.0.20 acresB12 L347,711 sq.ft.0.18 acresB12 L357,604 sq.ft.B1 L506,403 sq.ft.0.15 acresB1 L5112,016 sq.ft.0.28 acresB1 L526,167 sq.ft.0.14 acresB1 L536,173 sq.ft.0.14 acresB1 L546,173 sq.ft.0.14 acresB1 L556,173 sq.ft.0.14 acresB1 L566,173 sq.ft.0.14 acresB1 L576,173 sq.ft.0.14 acresB1 L586,173 sq.ft.0.14 acresB1 L596,173 sq.ft.0.14 acresB1 L6824,724 sq.ft.0.57 acresN 89°46'49" W 928.00'26.50'26.50'
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PIRR LANDSCAPE MATERIALSKEYNOTESPLANT SCHEDULEgreg@baerdg.comPh. 208.859.1980L1.0LANDSCAPE PLAN
PHASE 7
MANDALAY RANCH SUBDIVISION
CALDWELL IDAHOScale 1" =30'-0"LANDSCAPE PLAN PHASE 7 CONSTRUCTION DOCUMENTS603004-4-23City of CaldwellAPPROVED FOR CONSTRUCTIONThese plans and/or specifications havebeen reviewed for compliance with the Cityof Caldwell specifications. This reviewdoes not relieve the owner, engineer, orcontractor of the responsibility to designand/or construct these facilities incompliance with all current applicablefederal, state, and local laws, rules,regulations, ordinances, orders ofdecisions, development agreements, orspecifications. Inconsistencies notisolated by City staff shall not beconstrued as approved unless specificallyaddressed as a variance and granted byCity Council as a variance. The Cityretains the right to enforce provisions ofsaid document and policies even ifinconsistencies are not noted by the City. Any revisions of these approved plans willrequire a resubmittal for a full review andapproval.Name:
4MATCHLINE - SEE SHEET L1.0MATCHLINE - SEE SHEET L1.17S 89°46'43" E 1124.97'N 00°13'17" E 129.96'S 00°13'17" W 103.24'106.30'752.65'58.00'58.00'58.00'58.00'58.00'58.00'58.00'58.00'2
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N 00°13'17" E 101.21'
N 00°13'17" E 106.44'N 00°13'17" E 106.44'N 00°13'17" E 106.44'N 00°13'17" E 106.45'N 00°13'17" E 106.45'N 00°13'17" E 106.45'
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S 00°13'17" W 106.50'C31C32B14 L1B8 L335,507 sq.ft.0.12 acresB11 L168,825 sq.ft.0.20 acresB13 L146,497 sq.ft.0.15 acresB13 L156,497 sq.ft.0.15 acresB13 L166,497 sq.ft.0.15 acresB13 L176,497 sq.ft.0.15 acresB13 L186,497 sq.ft.0.15 acresB13 L196,497 sq.ft.0.15 acresB13 L206,497 sq.ft.0.15 acresB13 L217,595 sq.ft.0.17 acresB1 L606,174 sq.ft.0.14 acresB1 L616,174 sq.ft.0.14 acresB1 L626,174 sq.ft.0.14 acresB1 L636,174 sq.ft.0.14 acresB1 L646,174 sq.ft.0.14 acresB1 L656,174 sq.ft.0.14 acresB1 L666,174 sq.ft.0.14 acresB1 L676,161 sq.ft.0.14 acres26.50'26.50'26.50'26.50'26.50'26.50'26.50'26.50'
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PIRR PIRR PIRR PIRR PIRR PIRR PIRR
PALANDSCAPE MATERIALSKEYNOTESPLANT SCHEDULEgreg@baerdg.comPh. 208.859.1980L1.1LANDSCAPE PLAN
PHASE 7
MANDALAY RANCH SUBDIVISION
CALDWELL IDAHOScale 1" =30'-0" LANDSCAPE PLAN PHASE 7 CONSTRUCTION DOCUMENTS603004-4-232STANDARD WROUGHT IRON FENCE1SCHEMATIC PATHWAY DETAIL 4-4-23City of CaldwellAPPROVED FOR CONSTRUCTIONThese plans and/or specifications havebeen reviewed for compliance with the Cityof Caldwell specifications. This reviewdoes not relieve the owner, engineer, orcontractor of the responsibility to designand/or construct these facilities incompliance with all current applicablefederal, state, and local laws, rules,regulations, ordinances, orders ofdecisions, development agreements, orspecifications. Inconsistencies notisolated by City staff shall not beconstrued as approved unless specificallyaddressed as a variance and granted byCity Council as a variance. The Cityretains the right to enforce provisions ofsaid document and policies even ifinconsistencies are not noted by the City. Any revisions of these approved plans willrequire a resubmittal for a full review andapproval.Name:
MATCHLINE - SEE SHEET L1.0MATCHLINE - SEE SHEET L1.2N 38°11'27" W 186.67'40.97'8.14'69.76'26
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PHASE 7
MANDALAY RANCH SUBDIVISION
CALDWELL IDAHOScale 1" =30'-0"LANDSCAPE PLAN PHASE 7 CONSTRUCTION DOCUMENTS60300GENERAL LANDSCAPE NOTES - DESIGN REVIEW/ AGENCY SUBMITTALGENERAL IRRIGATION NOTES - DESIGN REVIEW/ AGENCY SUBMITTAL1TREE PLANTING DETAIL3SHRUB PLANTING DETAIL2CONIFER TREE DETAIL4EDGING DETAIL1TREE PLANTING DETAIL3SHRUB PLANTING DETAIL2CONIFER TREE DETAIL4EDGING DETAIL4-4-23City of CaldwellAPPROVED FOR CONSTRUCTIONThese plans and/or specifications havebeen reviewed for compliance with the Cityof Caldwell specifications. This reviewdoes not relieve the owner, engineer, orcontractor of the responsibility to designand/or construct these facilities incompliance with all current applicablefederal, state, and local laws, rules,regulations, ordinances, orders ofdecisions, development agreements, orspecifications. Inconsistencies notisolated by City staff shall not beconstrued as approved unless specificallyaddressed as a variance and granted byCity Council as a variance. The Cityretains the right to enforce provisions ofsaid document and policies even ifinconsistencies are not noted by the City. Any revisions of these approved plans willrequire a resubmittal for a full review andapproval.Name:
CITY OF CALDWELL CASE NO: SUB23-000029 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Attachment B
City of Caldwell Engineering Comments
Page 1 of 1
Memorandum
To: Robin Collins, Deputy Director From: T.J. Frans – Project Manager Hailei Myslivy-Land Development Inspector I Re: Mandalay Ranch Subdivision Phase 7 (SUB23-000029) Date: September 12, 2023 The Engineering Department has reviewed the proposed final plat for Mandalay Ranch Subdivision Phase 7 and
provides the following comments regarding the project and the submitted final plat: 1. The following items must be completed before signing of the final plat. These items cannot be bonded for: a. The water system is not operational. The water system has been constructed and not pressure tested.
Clean water samples have not been received. The final plat will not be signed, and no certificates of occupancy will be issued until this emergency requirement is complete. b. All weather surfaces are not in place. Compaction test and core sample results have not been submitted, reviewed or approved for the roadways. The final plat will not be signed, and no certificates of occupancy will be issued until this emergency requirement is complete.
c. Street signs have not been installed. The final plat will not be signed, and no certificates of occupancy will be issued until this emergency requirement is complete. d. The sewer system is not operational. The sewer system has been constructed, not pressure tested and video has not been submitted and approved. Interim as-builts have not been approved.
e. The pressure irrigation system within the public roadway is not operational. The pressure irrigation system has been constructed and not pressure tested. f. The storm drain system located within the public roadway is not operational. The storm drain
system has been constructed and passed a visual inspection by the City. Interim as-builts have not been approved.
2. Construction security will have to be provided for those items which are not among the items listed above and not yet completed prior to signing of the final plat. The City has not agreed on a bond amount for those improvements not yet constructed.
3. The final plat drawing has been submitted to the City of Caldwell and has been reviewed but not yet approved. The final plat drawing will have to be done in accordance with City codes, policies, and ordinances prior to the City signing the final plat. 4. In an effort to expedite the addressing process of the final plat, the Engineering Dept. requests an electronic copy in AutoCAD format be returned with a revised full set bound copy of the final plat.
CITY OF CALDWELL CASE NO: SUB23-000029 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Attachment C
City of Caldwell Fire Comments
403 Blaine Street Caldwell, ID 83605 Phone 208-649-1266 Fax 208-455-3014
Date 10/18/2023
Caldwell City – Planning and Zoning
Re: Case Number SUB23-000029 Mandalay Ranch #7
Dear Angelica Gomez, Planning & Zoning
The Caldwell City Fire Department District has reviewed and can approve the
application subject to compliance with all the following code requirements and
conditions of approval. Any deviation from this plan is subject to Fire
Department approval. Please note that unless stated otherwise, this memo
represents the requirements of the 2018 International Fire Code (IFC) as adopted
by the Idaho State Fire Marshal’s Office.
Conditions:
1. Fire hydrants, capable of producing the required fire flow, shall be
located along approved fire lanes. Fire hydrant spacing shall meet the
requirements of IFC table C105.1.1 (IFC 507.3, IFC B105.2, IFC C105).
2. Roadway serving a fire hydrant shall be a minimum of 26-feet in width.
(IFC D103.1)
3. Dead-end fire apparatus access roads exceeding 150 feet (45 720 mm) in
length shall be provided with an approved area for turning around fire
apparatus. (IFC 503.2.5)
4. Fire apparatus access roads shall extend to within 150 feet of all portions
of the exterior walls of the first story of a building measured by an
approved route around the exterior of the building or facility. (IFC 503.1.1)
5. Monument signage for addressing will be required at the entrance and at
all intersections within the project. (IFC 505.1)
6. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet and an unobstructed vertical clearance of not less than 13
feet 6 inches. (IFC 503.2.1)
7. The minimum outside turning radius of a fire apparatus access road shall
be 48 feet. The minimum inside turning radius shall be 28 feet. (IFC 503.2.4)
8. Fire apparatus access roads shall have an approved driving surface of
asphalt, concrete or other approved driving surface and can support the
imposed load of fire apparatus weighing at least 80,000 pounds. Please
provide documentation the road surface meets this standard. (IFC
D102.1)
9. Fire apparatus access roads shall not exceed 10 percent in grade. (IFC
D103.2)
403 Blaine Street Caldwell, ID 83605 Phone 208-649-1266 Fax 208-455-3014
10. For streets having a width less than 33 feet back of curb to back of curb
parking shall be restricted on one side; for streets having a width less than
27 feet back of curb to back of curb parking shall be restricted on both
sides. A note on the face of the final plat is required noting the parking
restriction prior to signing of the final plat. In addition, No Parking signs shall
be installed in accordance with the requirements of the IFC. (IFC 503.8)
11. Access gates shall comply with requirements of the IFC. If gates are
electronically operated, they shall be equipped with an automatic
opening mechanism activated by the Opticom system. Manual gates
shall be secured with a Knox brand padlock (IFC 503.6, D103.5).
12. Approved secondary access roads shall be provided per section D106 of
the 2018 IFC.
13. Fire hydrants serving building FDC’s (R2 Multiple-family structures) shall be
located not more than 150’away
14. A phasing plan shall be included in documentation to city at time of
submittal in accordance with infrastructure 2018 IFC.
15. Where fire apparatus access roads or a water supply for fire protection
are required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction except where
approved alternative methods of protection are provided. Temporary
street signs shall be installed at each street intersection where construction
of new roadways allows passage by vehicles in accordance with (IFC
Section 505.2.
General Requirement:
Fire Department required fire hydrants, access, and street identification shall be
installed prior to construction or storage of combustible materials on site.
Provisions may be made for temporary access and identification measures.
Specific building construction requirements of the International Building Code,
International Fire Code and City of Caldwell Code will apply. However, these
provisions are best addressed by a licensed Architect at time of building permit
application.
Regards,
Alan Perry
Division Chief
Fire Marshal
Caldwell Rural Fire Protection District
Aperry@cityofcaldwell.org