HomeMy WebLinkAboutSTAFF Planning Zoning SUB-96 (2) E-03 Quail RidgeSTAFF - Planning a zMins
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BEFORE THE MAYOR AND CITY COUNCIL
CITY OF CALDWELL, IDAHO
AUGUST 20,2OO7
Mayor Nancolas and City Council
Anne Marie Skinner, Senior Planner
Brian K. Billingsley, AICP, Planning & Zoning Director
Staff Report - Case No. SUB-96(2)E-03 (Quail Ridge Subd. No. 2 time
extension)
August 15,2007
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION
REQUEST FOR TIME EXTENSTON OF ONE (1) YEAR TO DEVELOP FORTY-NINE (49)
RESIDENTIAL LOTS.
TABLE OF CONTENTS:I. COURSE OF PROCEEDINGSII. GENERAL FACTSIII. TESTIMONYIV. FINDINGS OF FAGTV. CONCLUSIONS OF LAWV!. CITY COUNCIL ORDER OF DECISIONVII. OTHER CONDITIONS OF APPROVAL
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application SUB-96(2)E-03 to be held before the Caldwell City Council on August 20,2007.
Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were
met. On August 5,2007 notice was published in the ldaho Press Tribune and, on August 2,
2007 notice was posted on the site.
1.2 Files and exhibits relative to this application are available for review in the Planning and
Zoning Department,62l Cleveland, Caldwell, and at applicable public hearings.
II GENERAL FACTS
OWNER/APPLICANTS
ENGINEER:
2.1
a
Dyver Development LLC, Highland Development LLC
Bailey Engineering,1472 E. lron Eagle Dr., Eagle, lD 836162.2
Case No. SUB-96(2)E-03
City Council Staff Report
Page I of3-b+
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2.3 REQUEST: The owner/applicants are seeking a one-year time extension on an approved
preliminary plat for Quail Ridge Subdivision to complete the build-out of the residential lots in
said approved preliminary plat.
2.4 LOCATION: The subject property is located at the southeast corner of Montana Avenue and
Moss Street.
2.5 LEGAL DESCRIPTION: A legaldescription was submitted with the underlying application and
was incorporated into the original preliminary plat file for reference purposes.
BACKGROUND: The preliminary plat for Quail Ridge Subdivision was approved by the Mayor
and City Council on May 17, 2004. The preliminary plat was approved for 104 single-family
residential lots and 12 common lots.
The final plat for Quail Ridge Subdivision No. 1 for 55 single-family residential lots and 16
common lots was approved by the Mayor and City Council on September 5, 2006 and
recorded on November 20,2006.
There are 49 single-family residential lots remaining to be developed as Quail Ridge
Subdivision No. 2. Section 11-02-04(6)B of the subdivision ordinance states: Approval of the
preliminary plat is valid for a period of twenty-four (24) months from the date of council action.
Failure to obtain final plat approval and to record the final plat in accordance with provisions of
this chapter within the prescribed time frame shall cause the preliminary plat to become null
and void, unless a one-year extension of time is applied for by the subdivider prior to the
expiration date and is granted by the planning and zoning commission following the public
hearing process. No further extensions shall be permitted unless otherwise granted by the city
councilfollowing the public hearing process.
According to the rules, then, the final plat for Phase No. 1 should have been recorded by May
17, 2006 and the final plat for Phase No. 2 should have been recorded by May 17, 2007. A
one-year time extension was requested and granted for Phase No. 1; therefore Phase No. 1
was recorded within the appropriate timeframe. This changed the timeframe to Phase No. 2
as well so that it should now be recorded by November 20, 2OO7.
A second time extension request, as per the ordinance, needs to be granted by city council for
Phase No. 2 to extend the time allowed to record the final plat for Phase No. 2 to November
20,2008.
2.6 COMPREHENSIVE PLAN DESIGNATION: The Comprehensive Plan Map designation for this
2.7
2.7.1
site is Residential Mixed.
COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
Propertv Riqhts: The five checklist criteria set forth by the Attorney General in the "ldaho
Regulatory Takings Act Guidelines" were reviewed by the planning staff. The criteria is as
follows:
Does the regulation or action result in a permanent or temporary physical occupation
of the land? No
Does the regulation or action require a property owner to dedicate a portion of property
or to grant an easement? No
Does the regulation deprive the owner of all economically viable uses of the property?
No
Case No. SUB-96(2)E-03
City Council Staff Report
o
1
2
3
Page 2 of 3
o
4. Does the regulation have a significant impact on the landowner's economic interest?
No5. Does the regulation deny a fundamental attribute of ownership? No
2.7.2 School Facilities and Transportation: N/A
2.7.3 Land Use: The subject property is currently developed as Quail Ridge Subdivision No. 1 and
Quail Ridge Subdivision No. 2 development is in progress. North of the subject property is
South Park Subdivision and east of the project is Kingsview Estates. West and south are
within the City's impact area, as yet undeveloped.
2.7.4 Transportation: This property has frontage upon Moss Street and Montana Avenue
2.7.6 Public Services. Utilities and Facilities: The Engineering Department and Fire/Building
Department were notified of this request. No responses were received.
III TESTIMONY BEFORE THE GITY COUNCIL, AUGUST 20,2OO7
3.1 Reserved for City Council.
6.2 No further time extensions shall be allowed.
6.3 The final plat for Quail Ridge Subdivision No. 2 shall be recorded no later than November 20,
2008.
6.4 All requirements of current City codes, ordinances, policies and standards shall be met in
addition to the requirements placed on the preliminary plat at the underlying hearing.
VII OTHER CONDITIONS OF APPROVAL
7.1 Reserved for City Council
Case No. SUB-96(2)E-03
City Council Staff Report
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Page 3 of3
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City Council
that Case No. SU8-96(2)E-03, a request by Bailey Engineering lnc.,
LLC, and Development LLC for a time extension of one (1)
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AFFIDAVIT OF PUBLICATION
STATE OF IDAHO )
) SS.
County of Canyon )
Melissa Valencia
of Nampa, Canyon County,Idaho, being
first duly sworn, deposes and says:
1. That I am a citizen of the United States,
and at all times hereinafter mentioned
was over the age of eighteen years, and
not a party to the above entitled action.
2. That I am the Principal Clerk of the
Idaho Press-Tribune, a daily newspaper
published in the City of Nampa, in the
County of Canyon, State of Idaho; that
the said newspaper is in general
circulation in the said County of
Canyon, and in the viciniry of Nampa
and Caldwell, and has been
unintemrptedly published in said
County during a period of seventy-eight
consecutive weeks prior to the first
publication of this notice, a copy of
which is hereto attached.
That the notice, of which the annexed is
a printed copy, was published in said
newspaper 1 time(s) in the regular
and entire issue of said paper, and was
printed in the newspaper proper, and not
in a supplement.
That said notice was published the
following:
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Case files,and exhibits relative to
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CALDWELL ID 83606
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STATE OF IDAHO )
County of Canyon )
on rhe 5!ou,in the year of fuO')
before me, a Notary
Melissa Valencia,
, personally appeared.
known or identified to me to be the person
whose name is subscribed to the within
ls instrument, and being by me flrst duly swom,
that the statements therein are true, and
ledge to me that he/she executed'the same
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at Nampa
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4.13
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MEMO
Date: July 2, 2OO7
To:Tim King, Engineering Department
Dennis Wilson, Building Department
From:Anne Marie Skinner, Senior Planner
Caldwell P & Z Department
RE:Case No. SU8-96(2)E-03
Attached please find a land use application that you are invited to
review. This case is scheduled to be presented before the Caldwell City
Council on Monday, August 2O, 2OO7 at 7:OO pm.
Case Number SUB-96(2)E-03 is a request made by Bailey Engineering,Inc., Dyver Development, LLC and Highland Development LLC
requesting a time extension of an additional 1 year to develop 49
buildable lots. This site is located on the southeast corner of Montana
Avenue and Moss Street.
You are welcome to review the attached application and provide written
input. I request that you e-mail or fax your comments to this office as
soon as possible but no later than Mondayr'July 23,2OO7.
E-mail: amskinner@ci.caldwell.id.us
FAX:455-3050
We will presume that you have no objections or concerns if you do not
reply to this request. If you have any questions, you can contact me at
455-4662.
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621 Cleveland Blvd-
Caldwell, ID 83605
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455-30s0455-3021 'fax
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NOTICE lS HEREBY GIVEN that the Caldwell City Councilwill conduct a public
hearing on Monday, August 20,2OO7 at 7:00 p.m. in the Community Room of
the Caldwell Police Department, 1 10 S. sth Avenue, Caldwell, ldaho in order to
hear the following:
POSTED
Case Number SUB-96(E)-03 is a request by Bailey Engineering, Inc., Dyver
Deveopment, LLC and Highland Development LLC requesting a time extension
of an additional 1 year to develop 49 buildable lots. This site is located on the
southeast corner of Montana Avenue and Moss Street.
Case Number ANN-141-06 & ZON-50-06 are requests made by Oakwood
Enterprises for the annexation of 8.68 acres of land into the City limits with C-2
(Community Commercial) zoning, the rezoning of 4.13 acres of land from R-2
(Combined Medium Density Residential) zoning to C-2 (Community Commercial)
zoning and a Comprehensive Plan Land Use Map amendment from Agriculture
to Commercial. The site is located on the southwest corner of Hwy. 20126 and
KCID Rd.
Case Number SUB-172P-07 is a request made by Dyver Development for the
Preliminary Plat approval of Pennsylvania Park Subdivision with 263 buildable lots
and 15 common lots. The site is located at1704 KCID Rd
Case files and exhibits relative to this request are on file at the Caldwell Planning
and Zoning Department located at62l Cleveland BIvd. Files are available for
review during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. For
any further information, please call 455-3021. A person who is visually and/or
hearing impaired, or needs an interpreter should contact the City prior to the
meeting.
Publish: August 5,2001
8l2lo7
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PUBLIC HEARING NOTIFICATION CHECKLIST
Gity Gouncil
Case Number Case Name
Hearing
Publish
Address List Date
Public Agency
Mailing Date- Docket Date-
Post Site o
The following, if checked, are to be noticed no later than the above mailing date:
( ) CaldwellSchool District
( ) Vallivue School District
If site is in vicinity of water body:
( ) Bureau of Reclamation
( ) Corps. Of Engineers
( ) Department of Water Resources
( ) Idaho Fish & Game
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Pioneer Irrigation District
Riverside Irrigation District
Canyon Hill Irrigation District
Black Canyon Irrigation District
Golden Gate Irrigation District
Caldwell Lateral Irriqation District
Caldwell Transpoftation
Brown Bus Comoany
( ) Canyon County Development Services
( ) Canyon Highway District #4
( ) Namoa Hiqhway District #1
( ) Idaho Transoortation Deoartment
( ) Idaho Power
( ) Intermountain Gas
( ) DTG Maos- Final Plats
Mailing List and Annexation Memo:
Number of Mailings_
If site is in vicinity of Boise River:
( ) Bureau of Land Management
If site is a gravel pit:
( ) Department of Lands
ooIJ
Annexation: YES_NO_
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( ) Police Deoartment
( ) Boise Project Board of Control
( ) Southwest District Health
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