HomeMy WebLinkAboutPlanning Zoning SUB 172 Pennsylvania ParkPLANNING AND ZONING
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September 29, 2009
Dywer Developrneut LLC
Shawn Brownlee
P O Box 369
Meridian, ID 83680
RE. Case No. SUB-172(E)-07 (Pennsylvania Park Subdivision Time Extension)
Dear Shawn:
Enclosed for your files please find a copy ofthe above-referenced Order of
Decision as approved by the Caldwell Hearing Exarniner and signed on
Septenrber 24,2OO9 by Hearing Exauriner Mapp. Please note conditions of
approval as listed in Section 6 on pages 3 and 4.
Please call tne at 455-4662 if you have any questions or rleed any assistance with
the application.
incerely,
I\4arie
Senior Planner
Community Developmert Coordinator
cc. Case File
Bailey Engineering
Kent Brown
1500 E. Iron Eagle
Eagle, ID 83616
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BY THE HEARING EXAMINER
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD SEPTEMBER 15, 2OO9
Subject: Case No. SUB-172(E)-07 (Pennsylvania Park time extension)
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
REQUEST FOR TIME EXTENSION OF THE PRELIMINARY PLAT OF PENNSYLVANIA
PARK SUBDIVISION
TABLE OF CONTENTS:
I. COURSE OF PROCEEDINGSII. GENERAL FACTSIII. TESTIMONYIV. FINDINGS OF FACT ON TIME EXTENSIONV. CONCLUSIONS OF LAW ON TIME EXTENSIONVI. ORDER OF DECISION ON TIME EXTENSION
I COURSE OF PROCEEDINGS
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The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application SUB-172(E)-07 to be held before the Caldwell Hearing Examiner on September
15, 2009. Public notice requirements set forth in ldaho Code Chapter 65, Local Planning
Act, were met. On August 30, 2009 notice was published in the ldaho Press Tribune and on
August 28, 2009 notices were mailed to all property owners within 300 feet of the site as
well as political subdtvisions serving the site, and on September 3,2009 notice was posted
on the subject property.
On September 15, 2009 the Hearing Examiner approved the time extension request.1.2
13 Files and exhibits relative to this application are available for review in the Planning and
Zoning Department, 621 Cleveland, Caldwell, and at applicable public hearings,
II GENERAL FACTS
2.1 OWNER/APPLICA NT/DEVELOPER Dyver Development LLC, P.O. Box 369, Meridian, lD
83680
ENGINEER Bailey Engineering, 1500 E. lron Eagle Dr., Eagle, lD 83616
2.2 REQUEST: The owner/a pplicanudeveloper is seeking a one-year time extension on an
approved preliminary plat for Pennsylvania Park Subdivision.
Case No. SUB- 172(E)-07 (Pennsylvania Park time ext)
ORDER OF DECISION
Page I ol4
ORDER OF DECISION
1.1
a
2.3 BACKG OUND:The preliminary plat for Pennsylvania Park Subdivision was approved by
City Council and the Order of Decision was signed on September 4, 2007.
Total acreage: 76.15 acres
Total buildable lots: 264 buildable lots in an R-2 Medium Density Residential zone
8 four-plex lots in an R-3 High Density Residential zone
Approval of the preliminary plat is valid for a period of twenty-four (24) months from the date of
signature on the Order of Decision for the preliminary plat by the City Council. Failure to
obtain the final plat approval and to record the final plat in accordance with that 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/Hearing Examiner following the public hearing process.
It shall be understood that the granting of a one-year time extension of the development
schedule itself constitutes a one-year time extension for each phase. No further extensions
shall be permitted, unless otherwise granted by City Council following the public hearing
process.
2.4 LOCATION: The subject property is located on the west side of KCID Road approximately 400
feet south of Highway 20/26
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2.5 LEGA DE SCRIPTION A legal description was submitted with the underlying application and
was incorporated into the original preliminary plat file for reference purposes
2.6 COMPREHENSIVE PLAN DESIGNATION: The Com prehensive Plan Map designation for this
site is Commercial and Medium Density Residential
2.7 COMPREHENS IVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
2.7.1 Prooerty Riqhts: The five checklist criteria set forth by the Attorney General in the "ldaho
Regulatory Takings Act Guidelines" were reviewed by the planning staff.
2.7.2 School Facilities and Transportation Caldwell School District, Caldwell Transportation,
Vallivue School District and Brown Bus Company were notified of this request. No responses
were received.
2.7.3 Public Utilities and Services: The Engineering Department, Fire Department, Building
Department, Police Department, Pioneer lrrigation District, Canyon County Development
Services, Southwest District Health, ldaho Power and lntermountain Gas Company were sent
a request for comment on August 26,2009. The following responded:
Fire Departmen t comments:
The CFD has no concerns regarding this time extension
2.7.4 Land Use: The subject property is bare ground with an R-2 Low Density Residential zone
classification and an R-3 High Density Residential zone classification with combined
Commercial and Medium Density Residential designations on the Caldwell Comprehensive
Plan Map.
L
Case No. SUB-172(E)-07 (Pennsylvania Park time ext)
ORDER OF DECISION
Page 2 of 4
I oa
Direction
North
South
West
East
Zone
County
County
c-2, c-3
R-1
Use
Bare
Bare
Commercial
Residential
Com rehensive Plan Ma
Commercial
lndustrial
J.J
Industrial, Public
Low Density Residential
2.8 GENERAL: The subdivision ordinance outlines the process for time extension requests, but it
does not give any reasons for or against granting a time extension request. Generally, the
policy has been that time extension requests are approved if all the following are true: 1) the
preliminary plat as originally approved is still in the best interests of the City; 2) the preliminary
plat as originally approved does not present a safety hazard to the general public; and, 3) the
preliminary plat is still generally consistent with current City Code and the Comprehensive
Plan.
III TESTIMONY BEFORE THE HEARING EXAMINER, SEPTEMBER 15, 2OO9
a,l Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented the
staff report.
Shawn Brownlee, applicant's representative, signed in favor of the application and briefly
stated the reason for the time extension request was due to the current decline in the housing
market.
The Hearing Examiner closed the public testimony portion of the public hearing and rendered
a decision.
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IV FINDINGS OF FACT ON TIME EXTENSION
4.1 The Caldwell Hearing Examiner accepts the general facts outlined in the staff report, public
testimony and the evidence list consisting of the staff report, the preliminary plat and the sign-
up sheets.
V CONCLUSIONS OF LAW ON TIME EXTENSION
5.1 The Caldwell Hearing Examiner has the authority to hear this request and order that it be
approved or denied. The public notice requlrements were met and the hearing was held and
conducted under the requirements of ldaho Code and City Ordinances.
6.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner
hereby orders that Case No. SUB-172(E)-07, a request by Dyver Development LLC and
Bailey Engineering for a one-year time extension for Pennsylvania Park Subdivision is
approved with the following conditions:
6-2 Thefinal platfor Pennsylvania Park#1 shall be recorded no laterthan September 15, 2010
6.3 The final plat for Pennsylvania Park #2 shall be recorded no later than September 15, 2O11 .
Case No. SUB-172(E)-07 (Pennsylyania Park time ext) Page 3 of4
ORDER OF DECISION
Staff feels that the request generally meets the three criteria as originally approved and
recommends approval.
VI ORDER OF OECISION ON TIME EXTENSION
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6.4
b.5
6.6
6.7
6.8
Date
The final plat for Pennsylvania Park #3 shall be recorded no later than September 15,2012.
The final plat for Pennsylvania Park #4 shall be recorded no later than September 15,2013.
The final plat for Pennsylvania Park #5 shall be recorded no later than September 15,2O14.
The final plat for Pennsylvania Park #6 shall be recorded no later than September 15,2015.
Missing one deadline for any one phase nullifies and voids preliminary plat approval on all
remaining unrecorded phases.
CASE NUMBER SUB.172(E)-07 WAS HEARD BY THE CALDWELL HEARING EXAMINER AT A
PUBLIC HEARING HELD SEPTEMBER 15, 2009,
THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION WERE
ADMINISTRATI ROVED AND SIGNED BY THE CALDWELL HEARING EXAMINER ON
THE DAT /a
M erome app,nng tner
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or Planner/Community Dev. Coordnearie S I
Case No. SUB-172(E)-07 (Pennsylvania Park time ext)
ORDER OF DECISION
Page 4 of4
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SIGN UP SHEET
Please print the following required information and
in the appropriate box check whether you wish to speak or do not wish to speak.
M
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Caldwell Hearing Examiner agenda for Public Hearing on Tuesday, September 15,
2009 at 7:00 p.m., in the Community Room of the Caldwell Police Department at 110
South 5'h Avenue, Caldwell, ldaho.
Thc Trzu^'urz oJ' tb l?allz-u
AGENDA
l. Call to Order
ll. Review of Proceedings
lll. Old Business
A. Approve the lvljnutes of the July 28,2009 meeting as signed on August 3, 2009
by Hearing Examiner l\4app.
lV. New Business
A. Case Number ANN-175-09 a request by JR and Karen Smith to annex one acre
into the City of Caldwell with an R-1 Low Densaty Residential zone located on the
east side of KCID Road approximately 1000 feet north of Linden Road.
B. Case Number SUB-172(E)-07 a request by Dyver Development LLC and Bailey
Engineering for a one-year time extension request for Pennsylvania Park
Subdivision. This site is located on the west side of KCID Road approximately 400
feet south of Highway 20126.
C. Case Number SUB-56(E)-00 a request by Dyver Development LLC and Bailey
Engineering for a one-year time extension request for Delaware Park #2 The
Colonies. This site is located on the east side of KCID Road approximately 487
feet south of Highway 20/26.
D. Case Number SUB-139(E)-06 a request by Teleos Cedar Crossing 1, LLC, Kelly
Miller. Rose Law Group and Ashley Ford for a one-year time extension request for
Cedar Crossing Subdivisaon. This site is located on Florida and Orchard on the
east side of Florida.
E. Case Number SUB/PUD-130(E)-05 a request by Larry Laraway, Sawgrass
Village, LLC, Dave Meldrum and WRG Design for a one-year time extension
request for Sawgrass Village Subdivision. This site is located on the west side of
Florida Avenue approximately 900 ieet north of Karcher Road.
Planning lssues.
Next Hearing Examiner Public Meeting Date: Tuesday, November 10,2009 at 7:00
p.m.
Adjournvil
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CALDWELL HEARING EXAMINER
MINUTES
September 15, 2009
L Call to Order - Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public hearing at
7:00 p.m.
ll. Review of Proceedings - Mr. Jerome Mapp outlined the procedures for the public hearing.
lll. Members Present Anne Marie Skinner (Senior Planner/Community Development Coordinator),
Brent Orton (Assistant City Engineer), Brian Billingsley (Ptanning Director) and April Cabelo
(Planning Technician)
lV. Old Business
Ivlr. Mapp approved the l\4inutes of the July 28,2009 meeting as signed on August 3, 2009
by Hearing Examiner Mapp
A Case Number ANN-175-09 a request by JR and Karen Smith to annex one acre into the City
of Caldwell with an R-1 Low Density Residential zone located on the east side of KCID Road
approximately 1000 feet north of Linden Road.
Testimony:
5. Shawn Shelton signed and testified as neutral. lvlr. Shelton was also concerned about a
possible paving requirement on the gravel drive as he also utilizes said drive for access to
his house.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
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Hearing Exanirer l\rirutes
Me€ling on Septemb€r 15,2009
Page I of{
V. New Business:
'1. James Spencer, applicant's representative, signed and testified in favor of the application
stating that the request was to annex into the City of Caldwell to utilize City water services.
2. Mr. Spencer further stated that sewer was unavailable and they would therefore be
seeking a septic drainfield permit.
3. Marshall Hickman signed and testilied as neutral. Iv1r. Hickman was concerned about a
paving requirement on the gravel drive to the north of the subject prope(y and stated that
said gravel drive was not owned in its entirety by the applicant.
4. Brent Orton, assistant city engineer, testified that Canyon County requires paving of
private drives if three or more houses utilize the private drive but the City does not have
such a requirement.
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Comprehensive Plan Analysis: Mr. lvlapp accepted the comprehensive plan analysis as listed
Findings of Fact forANN-175-09: The Hearing Examiner accepted the general facts asoutlined ir'
the staff report, public testimony. and the evidence list as presented.
Conclusions of Law for ANN-175-09: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
Recommendation: The Hearing Examiner recommended that Case Number ANN-175-09 is
approved with conditions as outlined in the staff report.
B Case Number SUB-172(E)-07 a request by Dyver Development LLC and Bailey Engineering
for a one-year time extension request for Pennsylvania Park Subdivision. This site is located
on the west side of KCID Road approximately 400 feet south of Highway 20126.
Testimony:
1 . Anne Marie Skinner, Senior Planner/Community Development Coordinator presented the
staff report.
2. Shawn Brownlee, applicant's representative, signed in favor of the application and briefly
stated the reason for the time extension request was due to the current decline in the
housing market.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis: Mr. lvlapp accepted the comprehensive plan analysis as listed
Findings of Fact for SUB-172(E)-07: The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony, and the evidence list as presented.
Conclusions of Law for SUB-172(E)-07: The Hearing Examiner accepted the Conclusions of Law
as outlined in the staff report.
C Case Number SUB-56(E)-00 a request by Dyver Development LLC and Bailey Engineering
for a one-year time extension request for Delaware Park #2 The Colonies. This site is located
on the east side of KCID Road approximately 487 feet south of Highway 20126.
Testimony:
1 . Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented
the staff report.
2. Shawn Brownlee, applicant's representative, signed in favor of the application and briefly
stated the reason for the time extension request was due to the current decline in the
housing market.
llcanng Examinrr ivlinutes
N4eeting on Scptember 15.2009
Paee 2 of .l
Order of Decision: The Hearing Examiner ordered that Case Number SUB-172(E)-07 is approved
with conditions as outlined in the staff report.
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MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed
Findings of Fact for SUB-56(E)-00: The Hearing Examiner accepted the general facts as outlined
in the staff report, public testimony, and the evidence list as presented.
Conclusions of Law for SUB-56(E)-00: The Hearing Examiner accepted the Conclusions of Law
as outlined in the staff report.
Order of Decision: The Hearing Examiner ordered that Case Number SUB-56(E)-00 is approved
with conditions as outlrned in the staff report.
D Case Number SUB-139(E)-06 a request by Teleos Cedar Crossing 1, LLC, Kelly Miller, Rose
Law Group and Ashley Ford for a one-year time extension request for Cedar Crossing
Subdivision. This site is located on Florida and Orchard on the east side of Florida.
Testimony
'1. Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented
the staff report.
2. Kelly Miller, applicant, provided testimony stating the reason for the time extension was
due to the current economic climate and the applicant not wanting to further develop lots
when there were so many developed lots already on the market.
3. Stephanie Chamberlin signed in neutral of the application. Ms. Chamberlin owns property
adjacent to the Cedar Crossing Subdivision.
4. Ms. Chamberlin stated for the record the difficulties she has been having with her septic
drainfield system and she attributes those difficulties to the overflow ditch that was re-
routed due to the Cedar Crossing development. She stated that, since the developer has
completely lined the ditch, she is not experiencing anymore difficulties. The developer
has promised that the lining will be made permanent once the irrigation season is over.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis: Mr. lVlapp accepted the comprehensive plan analysis as listed
Findings of Fact for SUB-I39(E)-06: The Hearing Examiner accepted thegeneral facts as
outlined in the staff report, public testimony, and the evidence list as presented.
Conclusions of Law for SUB-139(E)-06: The Hearing Examiner accepted the Conclusions of Law
as outlined in the staff report.
Order of Decision: The Hearing Examiner ordered that Case Number SUB-139(E)-06 is approved
with conditjons as outlined in the staff report
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llcaring lixaInincr Minutes
Mceling on S€ptember I5, 2009
tl,igr 3 ol l
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Case Number SUB/PUD-130(E)-05 a request by Larry Laraway, Sawgrass Village, LLC,
Dave Meldrum and WRG Design for a one-year time extension requesl for Sawgrass Village
Subdivision. This site is located on the west side of Florida Avenue approximately 900 feet
north of Karcher Road.
Testimony
1. Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented
the staff report.
2. Chris Laraway, applicant's representative, provided testimony stating the reason for the
time extension was due to the current economic climate and the applicant not wanting to
further develop lols when there were so many developed lots already on the market.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis: Mr. NIapp accepted the comprehensive plan analysis as listed
Findings of Fact for SUB-130(E)-,05: The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony, and the evidence list as presented
Conclusions of Law for SUB-130(E)-05: The Hearing Examiner accepted the Conclusions of Law
as outlined rn the staff report.
Order of Decision: The Hearing Examiner ordered that Case Number SUB-130(E)-05 is approved
with conditions as outlined in the staff report.
Vll. Planning lssues - None
Vlll. Adjournment
The Hearing Examiner adjourned the meeting at approximately 7.45 p.m.
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M, JEROI\4E IVIAPP, ON THE
DATE NOTED BELOW:
ATTEST
M. Jerome Mapp
Anne Marie Skinner, Sen Date
I lcafl nr E\amrncr l\4rnutcs
lvtPclrng on Scptcmber Ii. 20(rq
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r Planner / Community Development Coordinator
Page 4 of4
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