HomeMy WebLinkAboutPraire Creek #1_FP_OrderOfDecision_2023CITY OF CALDWELL CASE NO: SUB23-000009 Prairie Creek 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 PRELIMINARY PLAT FOR THE
PRAIRIE CREEK SUBDIVISION, WITHIN AN R-1 (LOW DENSITY RESIDENTIAL) ZONE ON APPROXIMATELY 40.74 ACRES WITH 119
SINGLE-FAMILY RESIDENTIAL LOTS, 18 COMMON AREAS LOTS, 2 SHARED DRIVEWAY LOTS AND 1 IRRIGATION LOT,
FOR A TOTAL OF 140 LOTS
Property Owner: Endurance Holdings LLC
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF DECISION
Case No. SUB23-000009
This matter came before the Caldwell City Council (“Council”) for hearing and consideration on the 20th
day of June, 2023, upon a request filed by applicant Terry O’Brien (“Applicant”), on behalf of J-U-B
Engineers, Inc, 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 Subdivisions
Caldwell City Code 10-03-12 Neighborhood Meeting
Caldwell City Code Chapter 10, Article 7 Caldwell Landscaping Ordinance
Caldwell City Code 10-01-01
Traffic Impact Study Requirements
Idaho Code Title 67, Chapter 65 Local Land Use Planning
CITY OF CALDWELL CASE NO: SUB23-000009 Prairie Creek FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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 Preliminary Plat in an R-1 (Low Density Residential) zone approximately 40.74
acres on Parcels R32585 & R32585010 located in the 04-3N-3W NE TX 06074 IN SWNE-S OF PHYLLIS
CANAL, the City Council received and reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on January 11, 2023, in compliance with Chapter 10
Article 3 Section 12 of Caldwell City Code.
A public hearing on the requested Preliminary Plat was held before the Examiner on May 10, 2023, 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 oral testimony in opposition,
neutral, and in favor were taken and made a part of the permanent record.
Based upon the testimony, information received, and record of evidence presented, the Hearing Examiner
made a RECOMMENDATION TO THE CITY COUNCIL FOR APPROVAL of the request for a
Preliminary Plat (SUB23-000009) subject to the conditions herein; and
A public hearing on the Preliminary Plat requests were held before the City Council on July 5, 2023, 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 oral testimony in opposition,
neutral, and in favor were taken and made a part of the permanent record of evidence.
Based upon the testimony, information received, the record of evidence presented, and consideration of the
recommendation from the Hearing Examiner, the City Council voted to APPROVE the request for a
Preliminary Plat 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
CITY OF CALDWELL CASE NO: SUB23-000009 Prairie Creek FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
PRELIMINARY PLAT
1. The Council has the authority to approve or deny the application;
2. The plat is in compliance with "city code";
3. The plat is consistent with the city comprehensive plan;
4. Public services and utilities are available or can be made available and are adequate to accommodate the proposed subdivision;
5. The plat is consistent with the city transportation master plan;
6. The subdivision preserves natural, scenic or historic features, if applicable; and
7. The proposed preliminary plat meets the required approval criteria and standards as set forth in
Caldwell City Codes.
III
The approval of the application requests for (SUB23-000009), are subject to the adherence with the
following conditions.
1. 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 the
development agreement or in the Order of Decision.
2. 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.
3. 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.
4. 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.
5. 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.
6. The setbacks, lot coverage, and building height requirements shall be as follows:
Front 20 – feet
Rear 20 – feet
Interior 6 – feet
CITY OF CALDWELL CASE NO: SUB23-000009 Prairie Creek FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Maximum building height 25 – feet (any exceptions to the maximum
height requires approval of a special use permit
7. 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.
8. 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.
9. Preliminary Plat Expiration: Preliminary plat approval is valid for twenty-four (24) months from
the date of signature on the approving order of decision, meaning a final plat must be recorded
within twenty-four (24) months of the date of signature on the approving order of decision for the
preliminary plat.
10. 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 one year
each, as measured from the date of signature on the approving order of decision for the
preliminary 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.
11. Concept Site Plan. The Concept Site Plan (Exhibit 1, Attachment A) represents the Owner’s
current concept for completion of the Project. As the Concept Site Plan 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 submitted to the
City for review and approval prior to development.
12. Approved Subdivision Name. No change to the original city approved subdivision name of
(Prairie Creek) shall occur without prior approval from the City of Caldwell Mapping Division.
CITY OF CALDWELL CASE NO: SUB23-000009 Prairie Creek FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
13. Approved Street Names, Street Layout, Lot and Block Numbering, and Subdivision Phasing Plan.
No changes to the approved street names, street layout and configuration, lot and block
numbering, or subdivision phasing plan as shown in Exhibit 1, Attachment C shall occur
without prior approval from the City of Caldwell Mapping Division. Any substantial changes
from what is shown in Exhibit 1, Attachment C may require additional public hearings.
14. Building Elevations. The Building Elevations (Exhibit 1, Attachment A) represents the Owner’s
current concept for the style of architecture, architectural features, colors, finishes and materials,
and surrounding landscaping for the project. As the building design 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, or that such change is a substantial enough change from the
elevations presented to the public, a public hearing shall be held on the proposed changes and
notice shall be provided as may be required by the City. The Owner understands and agrees that
any changes or modifications to the building elevations must submitted to the City for review and
approval prior to construction of such.
15. Landscape Plan. The Landscape Plan (Exhibit 1, Attachment A) represents the Owner’s current
concept for all existing and proposed landscape street buffers, buffers between land uses, open
space, parking lot landscaping, landscape planters, existing and proposed trees, shrubs and
plantings, micro and major pathways, landscape strips, public amenities, structures and
equipment proposed for recreational use, common lots, common easements, school bus stop
areas, irrigation system and water source, and all other landscape improvements including, but
not limited to, earth berms, walls, trash enclosures, specialty lighting, required or proposed
fences. The Owner understands and agrees that any changes or modifications to the landscape
plan must submitted to the City for review and approval prior to installation. 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, 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 may be required by the City.
16. The applicant shall comply with all landscaping requirements based on Caldwell City Code,
Chapter 10, Article 7.
17. Landscape Maintenance: All landscaping and screening devices shall be maintained in an
attractive, live, safe and healthy manner.
18. Proposed fencing must comply with Caldwell City Code Section 10-02-07.
19. This approval is for this application only. Additional permits, licenses and approvals may be
necessary.
20. The property owner is responsible for the maintenance of all landscaping and screening devices
required.
CITY OF CALDWELL CASE NO: SUB23-000009 Prairie Creek FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment A
Final Approved Site Plans, Plats, Elevations, and Landscape Plans
CITY OF CALDWELL CASE NO: SUB23-000009 Prairie Creek FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 - Attachment B
City of Caldwell Engineering Comments and Conditions of Approval
CITY OF CALDWELL CASE NO: SUB23-000009 Prairie Creek FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Exhibit 1 – Attachment C
City of Caldwell Mapping Approved Street Names, Street Layout and Configuration, Lot and Block Numbering, and Subdivision Name and Phasing Plan