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).ASE No. st s7(1)F-oo
VIRGINIA PARK AT THE COLONIES UNIT NO. 1
BEFORE THE MAYOR AND CITY COUNCIL
CITY OF CALDWELL, IDAHO
IN THE MATTER OF THE APPLICATION OF CRESTLTNE DEVELOPMENT, LC AND HEARTLAND
?EVELOPMENT, LLG FOR FINAL PLAT APPROVAL OF VIRGINIA PARK SUBDIVISION AT THECOLONIES UNIT NO. 1
TABLE OF GONTENTS:
I GOURSE OF PROCEEDINGS,II GENERAL FACTS,III TESTIMONY,IV APPLICABLE LEGAL STANDARDS,V FINDINGS OF FACT,VI CONCLUSIONS OF LAW,VlI ORDER OF DECISION
! COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on CaseNo. SUB-57F-01 to be held before the Mayor and City Council on May O, 2002. puOtic noticerequirements set forth in ldaho Code, Title 67, Chaptei 65, Local planning Act, have been met.
On April 21, ZOO2 notice was puOf isned in the idaho Press Tribune, and on April22,2002 noticewas mailed to all property owners within 3OO feet of the project site and to all political
subdivisions providing services to the City of Caldwell; and on Rpril 25, 2002 notice was posted
on the site.
1.2 Files and exhibits relative to this application are available for review in the CommunityDevelopment Department, Caldwell City Hall, and will be available for review at all public
hearings.
II GENERAL FAGTS
2.1 APPLICANTS: Dyver Development, LLC, PO Box 369, Meridian, lD 83680. Applicant,s
Engineer/ Surveyor- Earl and Associates, lnc. 314 Badiola St, Caldweil, lD g36os.
2.2 owNER (S): Dyver Development, LLC, po Box 36g, Meridian, lD g36g0.
2.3 BEOUEST: The Applicant requests final subdivision plat approval of Virginia park Subdivision atthe Colonies Unit No. 1 to develop 49 residential lois and three common area lots onapproximately 13.31 a9r9:. Virginia Park Subdivision is located in a R-1 (Single-Family
Residential) zone. (see A-3)
BACKGROUND INFORMATION: Virginia Park Subdivision at the Colonies preliminary plat wasapproved by City Council on January 2,2001, and the modification of the preliminary plat wasapproved by City Council on August 20, 2001. The Planning and Zoning Commission grantedan extension of one year of the preliminary plat and development schldule on Octo6er 29,2001.
2.4
6
,\
2.5 DEVELoPMENTTEDULE:The Applicant received ,pilurr for the development to occur in
15 phases. Approval of the one-year extension by Planning and Zoning Commission of the
preliminary plat moved all fifteen phases fon,rard by one year. (NOTE: The development
schedule is shown on the preliminary plat is as follows:
Phase # Lots Final Plat Application
1
2
3
4
5
6
7II
10
11
12
13
14
15
43N2C
45 Ryo C
32N2C
49 Ryo C
52N2 C
43 Ry1 C
40 Ryo c
36 Ryo C
45 Ry1 C
47N0C
47 Ryo C
51 Fyo C
49 Rvo C
37 Rv1 C
34 Ryo C
September, 2001 now 2002
September,2002
September,2003
September,2OO4
September,2005
September,2006
September,2007
September,2OOB
September,2009
September,2OlO
September,2Oll
September,2012
September,2013
September,2014
September,2OlS
650 Ryg C
2.6 LOCATION: The site is located approximately 500 feet northeast of the intersection of Highway
20126 and KCID Road.
2.7 School Facilities and Transportation: The Caldwell and Vallivue School Districts were notified of
the request through mailing of the public hearing notice on April 22,2002.
2.8 lrriqation: ln a memo dated December 12,2001, the District noted that it is their intent to take
over the maintenance and operation of the pressurized irrigation system once the following
conditions are met: 1) the pressurized irrigation system has been installed per all the
specifications of the Districl; 2) any concerns outlined by the District's Engineering firm are
addressed; 3) The Operation and Maintenance Agreement has been drawn up and signed by all
parties.
2.9 Fire Protection: ln a memo dated April 30, 2002, the Caldwell Fire Department provided the
following comments: The CFD has commented and worked with the principles for this project
and has conditioned all fire department criteria for this subdivision unit. This includes street
configurations (secondary access plan), street names, turnarounds, fire flows and fire hydrant
locations. One correction is noted from the plan submitted - Virginia Park Way was approved
as: Virginia Parkway. The final plat map street name and the street name signs should be
changed to reflect this modification.
2.10 Public Services. Utilities and Facilities, and Transportation: ln a memo dated April 29,2002,the
Engineering Department provided their comments:
1. The City has not received approval letters from Pioneer lrrigation District for the pressurized
irrigation system or concurrence with the design and facilities that preserve existing irrigation rights.
2. Surface restoration on KCID Road and Highway 20126 is not complete.
3. The water system ,r; operational. The plat will not be ,,1"0 and building permits will not be
issued until this emergency service requirement has been completed
constructed but has not been tested.
The water system has been
4. The roadways meet City requirements for an all-weather surface. Base material has been installed
in the roadways but the asphalt surface has not yet been installed. Some grading is required to
make the roadways passable to emergency vehicles.
5. Street signs have not yet been installed. Building permits will not be issued until this emergency
service requirement has been completed.
6. Gonstruction security witl have to be provided for those items not yet completed prior to
approval of the Final Plat. A "Construction Punch List" has not yet been issued for this
development. The developer has verbally agreed to bond for those improvements not yet
constructed.
2.11 CONSTRUCTION COMPLETION/FINANCIAL GUARANTEE: Subdivision OTd|NANCE NO. 1758
sets forth the requirements for final plat submittal. lf construction of the improvements has not
been completed and the developer intends to provide a financial guarantee, the City Engineer is
to approve the "form" of the guarantee no later than the night (7 p.m.) of the public hearing
before the Council (Section 11-02-04 (7) 3).
2.11 .1 Section 1 1-02-06 (1) G of Subdivision Ordinance No. 1758 states that "The financial guarantee,
in the form approved by the City Engineer shall be submitted to the City Engineer no less than
thirty days following the date of final plat approval by the City Council." (NOTE: Final approval
by the City Council is the date the Order of Decision is approved and signed)
2.11.2 By the time the 30-day time period for the financial guarantee to be in place arrives, the
estimate of costs for remaining construction will normally be substantially reduced from the time
the City Council first hears the final plat approval request. This allows the developer to continue
to work toward completing construction of the improvements concurrently with the approval
process.
2.11.3 As of the date of writing this report the Applicant had not submitted the form of bonding, the
estimate of costs for completion of construction or a bond amount. lt is anticipated that this
information will be forthcoming the night of the hearing before Council.
il!
3.1
V
4.1
4.2
4.3
4.4
TESTIMONY
Reserved
APPLICABLE LEGAL STANDARDS
City of Caldwell Zoning Ordinance No. 1451, as amended
City of Caldwell Comprehensive Plan, as amended
City of Caldwell Subdivision Ordinance No. 1758, as amended
ldaho Code, Title 67, Chapter 65, Local Planning Act
V FINDINGS OF FACT
5.1 1) The general facts outlined in the staff report; 2) Public testimony; 3) any facts brought fonrvard
under public testimony should be stated and included as a part of the Findings.
VI CONCLUSIONS OF LAW
The Caldwef f City?uncil has the authority to hear r,"Or"lror final plat approval and to make6.1
7.1
the decision to approve or deny; the hearing was legally noticed and conducted within the
guidelines of applicable codes and ordinances.
VII ORDER OF DECISION
Based upon the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that
Case No. SUB-57F-00, final subdivision plat approval of Virginia Park Subdivision at the
Colonies Unit No. 1 to develop 49 residential lots and three common area lots is approved.
Report prepared by:
unity
5 a-oz-
Staff Date
J I
e0100147 04507373
I Caldwell, City of Comm. Deve
Legal Account
PO Box 1177
Caldwell ID 83606
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AFFIDAVIT OF PI]BLICATION
STATE OF IDAHO )
) SS.
County of Canyon )
Traci L. Griffin
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 ldaho; that
the said newspaper is in general
circulation in the said County of
Canyon, and in the vicinity 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.
3. That ttre notice, of which the annexed is
a printed copy, was published in said
newspaper I time(s) in the regular
and entire issue of said paper, and was
printed in the newspaper proper, and not
in a supplement.
4. That said notice was published the
following:
/2002
OF IDAHO
County of Canyon
ortl"2 (
before me,
Traci L. Griffin,
known or identified to me to be the person
whose name is subscribed to the within
instrument, and being by me first duly sworn,
)
)
declared that the therein are
ledge
Notary Public
Residing at Nr
and
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04507373,
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MEMO
April17,2002
To Doug Brown
Gordon Law
Lonnie Freeman
Ben Weymouth
From:Debbie
Attached please find one land use application that needs your review. This case has been
scheduled before GaldwellCity Councilon Monday, May 6,2002.
Case No. ANN-66-02 a request by Sallie Bradshaw Palleria for approval to annex approximately
3.66 acres into the City as an R-1 (Single Family Residential) zone. The site abuts the south side
of Linden Street at Marshall Avenue. The site is within the Area of City lmpact and is currently
zoned County R-1 (Single Family Residential). Three of the parcels are legally described as a
portion of the W %NE % NW % of Section 33 T4N R3W of the Boise Meridian, Canyon County
ldaho. Three of the parcels are legally described as a portion of Lot24 of Wood's Acreage on file
in Book 1, Page 29, Office of the Recorder, Canyon County, ldaho situated in the NW % NW % of
Section 33, T4N, R3W of the Boise Meridian, Canyon County, ldaho.
Case No. SUB-41P(E2)-99 (Crystal Springs, a Planned Unit Development), a request by JBJ
Limited Partnership for an additional one year extension of preliminary plat approval granted by
City Council on December 6, 1999. The planned unit development is approximately 4.34 acres
and consists of 23 residential and 2 common area lots in an R-1 (Single Family Residential)
zone. The site is located along a portion of the south side of W. Logan St. and the north side of
Elm St. and is approximately 330 feet east of MarshallAvenue.
Case No. SUB-31(2)F-99 (Powell Estates, a Planned Unit Development) a request by Powell
Estates Development LLC for final plat approval Unit No. 2, consisting of 54 residential lots and 3
common area lots. Unit two is located on approximately 12.02 acres and is zoned R-2 (Medium
Density Residential). The site is located near the northeast corner of Florida Avenue and Ustick
Road, abuts the east side of Powell Estates No. 1, approximately 560 feet east of S. Florida
Avenue.
Case No. SUB-57(1)F-00 (Virginia Park Subdivision at the Colonies)a request by Dyver
Development, LLC for final plat approval of Unit No. 1, consisting of 49 residential lots and 3
common area lots. The site is located on approximately 13.31 acres and is zoned R-1 (Single
Family Residential). The site is located approximately 500 feet northeast of the intersection of
Highway 20126 and KCID Road.
I would have you review the attached applications and provide input. I would appreciate your e-
mailed comments as soon as possible but no later than Fridav. April 26. 2002.
Thank you in advance for your contribution.
b+
Date:
o City of Caldwe
o
11
COM IV U N Iry DEVELOPIM ENT D EPARTN/ ENT
Land Use and Zoning Services
STEVE HASSON
Community Development Director
NOTICE lS HEREBY GIVEN that the Caldwell City Council will conduct a public hearing
in the public meeting room of the Caldwell PoliceDepartment, 110 South SthAvenue-
Caldwell, ldaho on Monday, May 6,2002, at 7:00 p.m., in order to hear the following:
Case No. SUB-57(1)F-00 (Virginia Park Subdivision at the Colonies) a request by Dyver
Development, LLC for final plat approval of Unit No. 1, consisting of 49 residential lots
and 3 common area lots. The site is located on approximately 13.31 acres and is zoned
R-1 (Single Family Residential). The site is located approximately 500 feet northeast of
the intersection of Highway 20126 and KCID Road.
You are being notified because ldaho Code, 67-6509, Local Planning Act 67-6509,
requires notice of this public hearing to be provided to all political subdivisions providing
services to the site and to all property owners or purchasers of record who own property
within 300 feet of the subject area. Correspondence regarding the proposa! is to be
submitted to the Gommunity Development Department no later than five (5)
working days prior to the public hearing and wil! be made a part of the public
record during the pubtic hearing. Any written testimony received beyond that
date will not be acted upon. Public testimony will be taken at the hearing and made a
part of the record.
Case files and exhibits relative to this request are on file at the Caldwell Community
Development Department and are available for review during the hours of 8:00 a.m. to
5:00 p.m. Monday through Friday. Further information can be obtained by calling 455-
3021. A person who is visually and/or hearing impaired, or needs an interpreter should
contact City Hall if they have any special needs.
ctTy HALL 621 CLEVELAND BLVD, pO. BOX 1177 CALDWELL, rD 83605 (208)455-3021 (FAX) (208) 455-3050
>+
vrRGrNrA rotn,Case Name:
Case Number:
Today's Date:
o
suB-57F-OO
4lt2l02
FirstName
RITA EARL
CRESTUNE
MICHAEL
MATSUMOTO
DWER
MATTHEW
CAROL
WALTER
MARY ANN
ALDON
PATRICK
MICHAEL
WINFRED
DAVID
GENE
RUDY
WILUAM
DALE
ROBERT
JOANNE
SHARON
TOM MOORE
VAUGHN HEINRICH
LONNIE FREEMAN
RIVERSIDE
CANYON HILL IRRIGATION
ROY ORR
GOLDEN GATE
IRRIGATION
CANYON COUNTY
REX BERRIE
GREG OWEN
SID BRIGHT
IDAHO POWER
INTERMOUNTAIN GAS
LastName
EARL & ASSOCIATES
& HEARTI.AND MANAGEMENT
BRINTON
BROTHER, INC.
DEVELOPMENT, LLC
EELLS
GRASSL
GRAY
HAINES
HARSHMAN
HEERE
HELPPIE
HUSKEY
KOHLER
LANE
MOORE
NEWTON
PETERSON
ROGERS
VINSON
WASDEN
CALDWELL SCHOOL DIST #132
VALLIVUE SCHOOL DIST #139
PIONEER IRRIGATION DIST
IRRIGATION DISTRICT
ATT: GARYTUTTLE
BI.ACK CANYON IRRIG DIST
c/o RTPLEY DOORN & CO
Addressl
314 BADIOLA ST.
416 E. 1ST STREET
810 S. KCID RD.
PO BOX 112
PO BOX 369
6910 N. LINDER RD.
tt4TrHl/o(.20-26
Lt470 Hl/o( 20-26
5211 I.ASHER I.ANE
18710 MIDDLETON RD.
620 S. KCID RD.
PO BOX 8914
814 S. KCID RD.
808 S. KCID RD.
510 S. KCID RD.
711 KCID RD.
917 E. USTICK RD. #130
2015 BROOKSIDE DR.
718 S. KCID RD.
2910 KCID RD.
20239 WARD LANE
1101 CLEVELAND BLVD
5207 S MONTANA AVE
PO BOX 426
P.O. Box 1080
PO BOX 448
PO BOX 226
824 DEARBORN ST
City
CALDWELL,ID 83605
MERIDIAN,ID 83642
CALDWEL,L ID 83605
MIDDLETON, ID 83644
MERIDIAN,ID 83680
MERIDIAN, ID 83642
CALDWELL,ID 83605
CALDWELL,ID 83605
CALDWEL,L ID 83605
NAMPA, ID 83687
CALDWEL,L ID 83605
BOISE, ID 83707
CALDWEL,L ID 83605
CALDWEL,L ID 83605
CALDWEL,L ID 83605
CALDWEL,L ID 83605
CALDWELL,ID 83605
CALDWEL,L ID 83605
CALDWEL,L ID 83605
CALDWEL,L ID 83605
CALDWEL,L ID 83605
CALDWELL, ID 83605
CALDWELL, ID 83605
CALDWELL, ID 83605
PARMA, ID 83660
NAMPA, ID 83653
NOTUS, ID 83656
CALDWELL, ID 83605
DEVELOPMENT SERVICES
CALDWELL I.ATERAL IRRIG
CANYON CO AMBUI.ANCE
CANYON HWY DISTRICT #4
c/o KErTH GEORGESON
CiO TONI GIBSON
1115 ALBANY ST
1615 E CHICAGO ST
PO BOX 9160
15435 HWY 44
P.O. BOX 70
2921CALDWELL BLVD
CALDWELL, ID 83605
CALDWELL, ID 83605
NAMPA, ID 83652
CALDWELL, ID 83605
BOISE, rD 83707
NAMPA,ID 83651.
=
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NOTICE lS HEREBY GIVEN that the Caldwell City Council will conduct a public hearinE
in the Community room of the Caldwell Police Department, 110 S. sth Avenue, Caldwell,
ldaho on Monday, ltrlay 6,2002 at 7:00 p.m., in order to hear the following:
Case No. ANN-66-02 a request by Sallie Bradshaw Palleria for approval to annex
approximately 3.66 acres into the City as an R-1 (Single Family Residential) zone. The
site abuts the south side of Linden Street at Marshall Avenue. The site is within the Area
of City lmpact and is currently zoned County R-1 (Single Family Residential). Three of
the parcels are legally described as a portion of the W % NE % NW % of Section 33 T4N
R3W of the Boise Meridian, Canyon County ldaho. Three of the parcels are legally
described as a portion of Lot 24 of Wood's Acreage on file in Book 1, Page 29, Office of
the Recorder, Canyon County, ldaho situated in the NW % NW % of Section 33, T4N,
R3W of the Boise Meridian, Canyon County, ldaho.
Case No. SUB-41P(E2)-99 (Crystal Springs, a Planned Unit Development), a request by
JBJ Limited Partnership for an additional one year extension of preliminary plat approval
granted by City Council on December 6, 1999. The planned unit development is
approximately 4.34 acres and consists of 23 residential and 2 common area lots in an
R-1 (Single Family Residential) zone. The site is located along a portion of the south
side of W. Logan St. and the north side of Elm St. and is approximately 330 feet east of
Marshall Avenue.
Case No. SUB-31(2)F-99 (Powell Estates, a Planned Unit Development) a request by
Powell Estates Development LLC for final plat approval Unit No. 2, consisting o'f 54
residential lots and 3 common area lots. Unit two is located on approximately 12.02
acres and is zoned R-2 (Medium Density Residential). The site is located near the
northeast corner of Florida Avenue and Ustick Road, abuts the east side of Powell
Estates No. 1, approximately 560 feet east of S. Florida Avenue.
Case No. SUB-57(1)F-00 (Virginia Park Subdivision at the Colonies) a request by Dyver
Development, LLC for final plat approval of Unit No. '1, consisting of 49 residential lots
and 3 common area lots. The site is located on approximately 13.31 acres and is zoned
R-1 (Single Family Residential). The site is located approximately 500 feet northeast of
the intersection of Highway 20126 and KCID Road.
Case files and exhibits relative to this request are on file at the Caldwell Community
Development Department and are available for review during the hours of 8.00 a.m. to
5:00 p.m. Monday through Friday. Further information can be obtained by calling 45r.
3021. A person who is visually and/or hearing impaired, or need an interpreter should
contact the City if they have any special needs.
PUBLISH APRIL 21,2002
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PUBLIC HEARING
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Case NumberSrrR - S-l F CD
Hearing Date S-L -o z
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Mailing Date ,![ - :: - D Z
The following, if.checked, are to be noticed no later ban the above.mailing date:
NOTIFICATION CHECKLIST
Gouncil
If site is in vicinity of water body:
( ) Bureau of Reclamation
( ) Idaho Fish & Game
( ) Corps. Of Engineers
( ) DeparUnent of Water Resources
If sih is in vicinity of Boise River:
O Bureau ofLand Management
If site is a gravel piE
( ) jDepartrnent of Lands
( ) other
Case Name\Lioc.mo-, For.lc,
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DisilictInigation
Services
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LateralCaldwell
DistrictInigationPioneer
DistrictinigaUonRiverside
DistuictInigaUonHittCanyon
DistrictIrrigationCanyon
DisbictIni-gationGateGolden
Ambula
#4Districtighway
DisilictSdroolVallivue
Canyon
Gnyon
Canyon
Cou4ty
.Gunty
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(Y ldaho Powerg' Intermountain Gas
Date Signed: 1-n, Oz
I veritfy that I posted the site on the date noted above.
,L.
Post Site on V - ZS -O2-o
Lr"tify that legal noUfication was published on the date noted below and that the mailings toBtose persons/agencies, as checked, was done on the mailing date stated.
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