HomeMy WebLinkAboutSTAFF REPORT and FINDINGS Passero Ridge 6_SFP24-000012_FINAL PLAT (2)1
SPF24-000012
CASE NO: SFP24-000012
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
Application:
• Final Plat for
Passero Ridge
Subdivision Phase 6,
consisting of 45
single-family
residential lots and 8
common lots.
Project
Name:
Passero Ridge
Phase 6
Applicant: Justin
Bozovich,
ESE
Consultants
Kyle Prewett,
Toll Brothers
Property
Owner:
BHEG
PASSERO
RIDGE LLC
Parcel ID
Number(s):
R3285600000
Property or
Project
Size:
14.04 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.
Caldwell Planning & Zoning Department
STAFF REPORT / FINDINGS
Consent Item | City Council | 2/3/2025
Staff Planner: April Cabello
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SPF24-000012
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 PASSERO RIDGE
SUBDIVISION PHASE 6
Property Owner: BHEG PASSERO RIDGE LLC
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND DECISION
Case No. SFP24-000012
I. FINDINGS OF FACTS
1. APPLICANT: Justin Bozovich, ESE Consultants and Kyle Prewett, Toll Brothers
2. PROPERTY
OWNER:
BHEG PASSERO RIDGE LLC
3. APPLICATION
REQUEST:
Application for final plat approval of Passero Ridge Subdivision Phase 6, for 45 single-
family residential lots and 8 common lots on 14.04 acres.
4. SITE ADDRESS
AND LOCATION:
The subject site is located N of Orchard Ave and between S 10th Ave and S Montana
Ave, with a property address of 0 Montana Avenue, described as a portion of the NW
¼ of the SW ¼ of Section 15, Township 3 North, Range 3 West, Boise Meridian, City
of Caldwell, Canyon County, Idaho, (15-3N-3W SW TX 21955 IN GOVT LT 1 LS
SUBS).
5. ASSESSOR
PARCEL NUMBER:
R3285600000
6. PROPERTY SIZE: Approximately 14.04 acres, more or less
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SPF24-000012
7. PUBLIC
NOTICING:
The planning and zoning department notifies all political subdivisions providing
services within the planning jurisdiction, including school districts who will be
impacted by any changes that have been proposed from what was originally approved
on the preliminary plat.
Review of the final plat submitted determined there were no modifications proposed
that would necessitate additional public agency notifications.
8. PRELIMINARY
PLAT AND
DEVELOPMENT
BACKGROUND
AND HISTORY:
The preliminary plat approval for Passero Ridge (PUD21-000003/SUB21-000011) was
signed by the City Council on 12/6/2021. Passero Ridge Final Plat Phase 3 recorded on
12/21/2023. The Final Plat for Phase 4 was approved on 11/18/2024 and has not been
recorded at this time. The Final Plat for Phase 5 was approved on 1/21/2025 and has not
been recorded at this time.
This phase consists of approximately 14.04 acres, more or less and includes 45 single-
family residential lots.
9. APPLICABLE
REGULATIONS
AND GUIDING
DOCUMENTS:
a. City of Caldwell Zoning Ordinance No. 1451, as amended
b. City of Caldwell Subdivision Ordinance, as amended
c. Idaho Code, Title 67, Chapter 65, Local Planning Act
10. STAFF REVIEW AND ANALYSIS:
Residential Type # of Lots
PP FP No 1 FP No 2 FP No 3 FP No 4 FP No 5 FP No 6 Remaining
Single-Family Detached 326 66 60 56 56 43 45 0
Townhomes NA NA NA NA NA NA NA NA
Duplex NA
NA
NA
NA
NA
NA
NA
NA
Triplex NA NA NA NA NA NA NA NA
4-, 5-, or 6-family NA NA NA NA NA NA NA NA
Multi-family Apartments NA NA NA NA NA NA NA NA
Common Lots NA NA NA NA NA NA NA NA
Non-
Residential
PP FP No 1 FP No 2 FP No 3 FP No 4 FP No 5 FP No 6
Commercial
Acreage
NA NA NA NA NA NA NA
Open Space
Acreage
10.42 2.96 3.49 1.07 1.77 0.69 0.79
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SPF24-000012
Amenities
Approved
Main
amenity area
will include:
community
pool, pool-
house,
pickle-ball
courts,
covered
picnic area,
cluster
mailboxes.
• Southern
pocket park
will
include:
playground,
swing set,
covered
picnic area.
• Northwest
pocket park
will
include: a
play
structure,
picnic
tables, and
landscape
open space.
• Southwest
pocket park
will
include:
landscape
with play
boulders,
and a
bench.
Northern
pocket park
will include:
a walking
path, picnic
tables and
sitting areas.
Southern
pocket park:
Green space,
walking,
shade
structure, (2)
play
structures.
Main
amenity
area:
Green
space,
communit
y pool,
pool
house,
pickle-ball
courts,
and
walking
paths,
cluster
mailboxes
located on
Lot 1,
Block 8 of
Phase 2
Northern
pocket
park:
Walking
pathways,
green
space
Northwest
pocket
park:
Log/Bould
er Play
area
(amenities
swapped
locations
from the
prelim
plat)
Southwest
pocket park:
A play
structure,
picnic
tables, and
landscape
open space.
Walking
paths and
green space.
Staff Comment: Construction drawings and the proposed final plat have been reviewed for conformance with city
codes and with the approved preliminary plat. The Planning and Zoning Department, in consultation with the
Engineering Department, have determined the final plat is compliant with city code, as well as with the approved
preliminary plat.
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SPF24-000012
11. CITY COUNCIL DECISION:
Regarding the request for a final plat approval for SFP24-0000012, a residential subdivision with 45 single-family
lots and 8 common lots in an R-1 (Low Density Residential) zone on approximately 14.04 acres on Parcel
R3285600000, located in the 15-3N-3W SW TX 21955 IN GOVT LT 1 LS SUBS, the subject application was
placed on the 2/3/2025 City Council consent agenda for consideration.
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:
1. The final plat is compliant with city code; and
2. The final plat is in compliance with the approved preliminary plat.
II. CONCLUSIONS OF LAW
1. The City of Caldwell has provided for the processing of Land Use permits authorized by Chapter 65, Title 67,
Idaho Code, pursuant to Chapter 10 Zoning Regulations and Chapter 11 Subdivision Regulations.
2. The record includes, but is not limited to all files, application documents, public notices, public comments and
testimony, staff reports and memos, presented evidence and exhibits, public hearing written minutes and audio, and
the signed Findings of Facts, Conclusions of Law, and Decision.
3. The City Council is authorized to approve, approve with conditions, approve with modifications, or deny final
plats in accordance with Section 11-02-03 (2) D of Caldwell City Code.
4. The City Council reviewed and considered all records, evidence, testimony, facts presented, applicable code
standards, and approval criteria as specified within Caldwell City Code in making their decision.
III. 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 (SFP24-000012), are subject to the adherence of the following conditions:
A. General Requirements:
1. Development of the subject property shall be in conformance with all municipal codes, policies, standards, and
regulations of the City of Caldwell, unless specifically stated otherwise in a Development Agreement or in the
Order of Decision. NOTE: Failure to identify a code violation during the review of the plans DOES NOT
give the applicant the right or permission to violate any codes, policies, standards and/or regulations.
2. 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.
3. 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.
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SPF24-000012
4. 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.
5. 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.
6. Fencing: Fencing must comply with Caldwell City Code Section 10-02-07.
7. Approval: This approval is for the application(s) specified herein only. Additional permits, licenses and
approvals may be necessary.
8. Solid Waste Disposal: All solid waste receptacles utilized during development and/or construction shall be
provided by the same company with which the City of Caldwell has an exclusive contract.
9. Business Licensing: All businesses operating within the corporate limits of the city shall obtain a business
permit license prior to commencing business operations.
B. Site Design and Development Standards:
1. General: 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.
2. Concept Site Plan: The concept site plan (Exhibit 1) represents the Owner’s current concept for completion of
the Project. As the site layout evolves, the city understands and agrees that certain changes in that concept may
occur or be required. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any proposed
changes in the Concept Plan and notice shall be provided as may be required by the City. The Owner
understands and agrees that any changes or modifications to the site plan must be submitted to the City for
review and approval prior to development.
3. Stormwater: Strict adherence to the "Caldwell Stormwater Management Manual", as adopted by the city
council as well as any subsequent adopted updates, is required. NOTE: Any modifications necessary to the
original approved stormwater design where additional stormwater retention or detention facilities are required,
or where the approved retention and detention facilities are required to be expanded, still requires adherence to
the requirements for minimum open space, landscape buffers, lot sizes and setbacks.
C. Engineering Department Conditions:
The following items shall be completed prior to the City Engineer signing the final plat. Said items cannot be
deferred by posting a financial security:
1. Water System: The final plat cannot be signed until the water system has been constructed, pressure tested and
clean water samples received.
2. Sewer System: The final plat cannot be signed until the sewer system has been constructed, pressure tested,
CCTV video has been submitted and approved and interim as-builts have been approved by the Engineering
Department.
3. Pressurized Irrigation System: The final plat cannot be signed until the pressure irrigation system within the
public right-of-way has been constructed and pressure tested.
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SPF24-000012
4. Storm Drain System: The final plat cannot be signed until the storm drain system located within the public
right-of-way has been constructed, passed visual inspection, and interim as-builts have been approved by the
Engineering Department.
5. All-Weather Surfaces: The final plat cannot be signed until all-weather surfaces are in place, compaction test
results have been submitted and approved for roadways and emergency accesses and, if paved, core sample
results have been submitted and approved.
6. Street Signs: The final plat cannot be signed until all street signs have been installed to City standards and
approved.
7. Construction Security: Construction security (compliant with current City Code requirements) must be
provided for all items which are not among the items listed above, and which are not yet completed before the
City Engineer can sign the final plat. The City must be in agreement on a construction security amount for
those improvements.
8. Final Plat Review: The final plat drawing shall be submitted to the Engineering Department for review prior
requesting signatures on the final plat. Adequate review time (no less than 30 days) shall be provided by the
Applicant. Final plats submitted for review must meet all State statutes and City codes, policies, and
ordinances.
9. Addressing: In an effort to expedite the addressing process of the final plat, applicants shall submit electronic
copies of the final plat, in both PDF and AutoCAD format, to the Engineering and Mapping departments as
soon as possible.
D. Fire Department Conditions:
1. 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.
2. 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.
F. Mapping Department Conditions:
1. Approved Subdivision Name. No changes to an approved subdivision name shall occur unless a request is
initiated through the filing of an application for a “Subdivision Name Change Request”, and subsequently
reviewed and approved the Mapping and Planning and Zoning Department, at an administrative staff level. In
making application, the application shall file a completed application with the Planning and Zoning
Department on forms prescribed by the department accompanied by such data and information necessary to
assure the fullest presentation of facts, as determined by the Planning Director.
a. Subdivision Name Change Requests; Prior to Final Plat Submission: If approved, an amended
preliminary plat will need to be submitted to the Planning and Zoning Department with the reflected
subdivision name change prior to the approval of construction drawings. All construction drawings
and final subdivision plats shall reflect the new approved subdivision name.
b. Name Change Requests; Prior to Final Plat Recording: If approved, an amended final plat drawings
and mylars will need to be submitted to the Planning and Zoning Department with the reflected
subdivision name change prior to signature of the final plat.
c. Name Change Requests; After Final Plat Recording: If approved, an amended final plat drawing
indicating the new subdivision name OR an Affidavit of Correction indicating that the plat is
otherwise known as “insert the new approved subdivision name”, shall be recorded at the county
recorder’s office. Once the plat or affidavit is recorded, a copy of the recorded plat or affidavit shall
be provided to the Planning and Zoning Department.
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SPF24-000012
2. 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.
G. Landscaping Specific Requirements:
1. Compliance: The applicant shall comply with all landscaping requirements based on Caldwell City Code.
2. Landscape Plan: The Landscape Plan (Exhibit 1) represents the approved landscape plan. Any changes to
the landscape plan must be submitted to the City for review and approval prior to installation.
3. If the City determines that any such changes require additional public comment due to potential impacts on
surrounding property or the community, or that such change is a substantial enough change from the
landscape plan presented to the public, a public hearing shall be held on the proposed changes and notice
shall be provided as required by the City.
4. Landscape Maintenance: All landscaping and screening devices shall be maintained in an attractive, live, safe
and healthy manner.
5. Subdivisions: The homeowner’s association is responsible for maintaining all common area landscaping and
screening devices within a subdivision, development, and/or the subject property.
6. Parking Lot Landscaping: Linear grouping of parking spaces shall not exceed twelve (12) in a row, without
the installation of an interior landscape planter island. Landscape planter islands shall contain a minimum of
sixty (60) square feet of area when serving a single row of parking. Landscape planter islands shall contain a
minimum of one hundred twenty (120) square feet of area when accommodating a double row of parking
spaces. Islands shall contain a minimum of one Class 1 or 2 tree and shall be covered with a combination of
low shrubs, lawn or other vegetative or nonvegetative ground cover if wet landscaping is utilized. If dry
landscaping is utilized, the island shall be covered with rock ground cover and a minimum of one boulder
and there shall be no requirement for vegetation. Class 3 trees are prohibited in the interior planter islands.
7. Street Landscape Buffers: The street landscape buffers shall contain a mixture of sod, trees (deciduous and
evergreen), shrubs, lawn, vegetative and non-vegetative ground cover so that the entire buffer area is covered.
Plantings shall meet or exceed the minimum plant sizes as follows:
TYPE MINIMUM (at planting)
Sod Grass 70% of the buffer area
Evergreen trees 6-to-7-foot in height
Ornamental trees 2-inch caliper
Shade trees 2-inch caliper
Shrubs 2-gallon
Perennials 2-gallon
Ground Cover 1-gallon
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SPF24-000012
H. Subdivision Specific Requirements:
1. 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.
2. 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 build out 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.
3. Plat Expirations:
a. Final plats must be submitted for approval within twenty-four (24) months of the date of signature on
the approving order of decision for the preliminary plat;
b. Final plats must be recorded for a single-phase development or for the first phase of a multi-phase
development within twenty-four (24) months of the date of signature on the approving order of
decision for the final plat. For phased subdivisions, see 11-02-02 (1).
4. Final Plat Submission: Final plat applications shall be submitted to the planning and zoning department
at the same time as the application for review of construction drawings has been submitted to the
engineering department.
5. Phased Subdivisions: The subdivider may file and obtain acceptance of successive final plats for continuous
segments of the approved preliminary plat without reapplication for preliminary plat approval, provided that
final plats are recorded in successive intervals of not more than two (2) years each, as measured from the date
of recordation of the prior phase final plat, and provided that "city code", as herein defined, and any
subsequent amendments as adopted by the city before, during or after preliminary plat approval, is followed
in all design, engineering plans, construction and final plats for all phases, with the exception of lot sizes, lot
dimensions, setbacks, number of lots and any exceptions approved at the time of preliminary platting, which
shall remain as indicated in the preliminary plat order of decision and/or development agreement.
6. Approved Subdivision Name. No changes to an approved subdivision name shall occur unless a request is
initiated through the filing of an application for a “Subdivision Name Change Request”, and subsequently
reviewed and approved the Mapping and Planning and Zoning Department, at an administrative staff level. In
making application, the application shall file a completed application with the Planning and Zoning
Department on forms prescribed by the department accompanied by such data and information necessary to
assure the fullest presentation of facts, as determined by the Planning Director.
a. Subdivision Name Change Requests; Prior to Final Plat Submission: If approved, an amended
preliminary plat will need to be submitted to the Planning and Zoning Department with the reflected
subdivision name change prior to the approval of construction drawings. All construction drawings
and final subdivision plats shall reflect the new approved subdivision name.
b. Name Change Requests; Prior to Final Plat Recording: If approved, an amended final plat drawings
and mylars will need to be submitted to the Planning and Zoning Department with the reflected
subdivision name change prior to signature of the final plat.
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SPF24-000012
c. Name Change Requests; After Final Plat Recording: If approved, an amended final plat drawing
indicating the new subdivision name OR an Affidavit of Correction indicating that the plat is
otherwise known as “insert the new approved subdivision name”, shall be recorded at the county
recorder’s office. Once the plat or affidavit is recorded, a copy of the recorded plat or affidavit shall
be provided to the Planning and Zoning Department.
7. 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.
I. Planned Unit Development Specific Requirements:
1. PUD Ownership: A planned unit development shall be under single ownership/control during the planning
and developmental stage to ensure that the development can be accomplished in a unified manner.
2. PUD Expiration: The completion of the first phase of a planned unit development shall take place within
three (3) years of the signature date on the order of decision approving the planned unit development or said
approval shall become null and void. For each phase after the first phase there shall be an allowed one-year
time frame per phase for completion. Should any phase not be completed within its one-year time frame,
approval on the uncompleted portion of the planned unit development shall become null and void.
Exceptions to the time frames may be granted at the time of original approval of the planned unit
development, provided said exceptions are requested in the initial application.
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 Passero Ridge Phase 6, a residential subdivision with 45 single-family lots and 8
common lots in an R-1 (Low Density Residential) zone on approximately 14.04 acres on Parcel R3285600000,
located in the 15-3N-3W SW TX 21955 IN GOVT LT 1 LS SUBS, is APPROVED SUBJECT TO THE
CONDITIONS OF APPROVAL LISTED HEREIN.
These Findings of Fact, Conclusions of Law and Decision are for Passero Ridge Phase 6, approved and
adopted by the Caldwell City Council on this date, 3rd day, of February, 2025.
_____________________________________ __________________
Jarom Wagoner, Mayor Date of Decision
ATTEST:
_____________________________________
Debbie Geyer, City Clerk
City of Caldwell
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SPF24-000012
EXHIBIT 1
Application Documents
• Application
• Narrative
• Vicinity Map
• Final Plat
• Approved Preliminary Plat
• Landscape Plan