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BEFORE THE MAYOR AND CITY COUNGIL
CITY OF CALDWELL, IDAHO
MARGH 17,2008
Mayor Nancolas and Caldwell City Council
Anne Marie Skinner, Senior Planner
Staff Report - Case No. SUB-57E-00 (Virginia Park time extension)
March 11, 2008
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THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
a REQUEST FOR TIME EXTENSION OF THE PRELIMINARY PLAT OF VIRGINIA PARK
SUBDIVISION.
TABLE OF CONTENTS:
COURSE OF PROCEEDINGS
GENERAL FACTS
TESTIMONY
FINDINGS OF FACT
CONCLUSIONS OF LAW
CITY COUNCIL ORDER OF DECISION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application SUB-114E-04 to be held before the Caldwell City Council on February 19, 2008.
Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were
met. On March 2,2008 notice was published in the ldaho Press Tribune.
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
2,1 OWNER/APPLICANT:Dyver Development LLC, P.O. Box 369, Meridian, lD 83680-0369
2.2
ENGINEER: Bailey Engineering lnc., 1472E.lron Eagle Dr., Eagle, lD 83616.
REQUEST: The owner/applicant is seeking a one-year time extension on an approved
preliminary plat for Virginia Park Subdivision to complete the build-out of the residential lots in
said approved preliminary plat. The request would allow the owner/applicant until January 2,
2018 to complete all remaining phases of Virginia Park Subdivision.
Case No. SUB-57E-00 (Virginia Park time extension)
City Council Staff Report
Page I of3
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BACKGROUND: Virginia Park was annexed and the preliminary plat was approved January
2,2001.
Total acreage: 157.4 acres
Total residential lots: 650
o
2.3
Phase #1:
Phase #2:
Phase #3:
Phase #4:
Phase #5:
Phase #6:
49 lots
58 lots
37 lots
66 lots
53 lots
75 lots
Approved May 20,2OO2
Approved July 7, 2003
Approved September 7, 2004
Approved September 19, 2005
Approved August 7,2006
Not yet approved - application submitted July 27,2007
There remains 9 phases to be completed (not including Phase #6) and approved for a total of
312 residential lots (again, this lot figure does not include the 75 lots yet to be completed for
Phase 6).
The subdivision ordinance requires final platting of the first phase of a subdivision within 24
months of the date of preliminary plat approval. Final platting of all successive phases is to
occur within one-year increments following the initial twenty-four month time period.
2.4 LOCATION: The subject property is located at the northeast corner of the intersection of KCID
Road and Highway 20126.
2.5 LEGAL DESCRIPTION: A legal description was submitted with the underlying application and
was incorporated into the original preliminary plat file for reference purposes.
COMPREHENSIVE PLAN DESIGNATION: The CbmBr'ehensive Plan Map designation for this
site is Low Density Residential.
2.6
2.7
2.7.1
COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
Propertv Riohts: 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
Does the regulation have a significant impact on the landowner's economic interest?
No
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 partially developed as Virginia Park #1 through Virginia
Park #6.
Case No. SUB-57E-00 (Virginia Park time extension)
City Council Staff Report
2.
3.
4.
5.
Page 2 of 3
Direction
North
South
West
East
o
Zone
County Ag
c-2
County Ag
R-1 and County Ag
a
ilt
Use Comorehensive plan Map
Ag/Rural residential Low Density Residential
Ambassador RV Park Commercial
Ag/Rural residential Low Density Residentiat
Woodgate Subdivision Low Density Residential
Mandalay Ranch (undeveloped)
Ag/Rural residential
Bishop Ranch (undeveloped)
2.8 General:
Ordinances that have changed since Virginia Park Subdivision was annexed in 2001 includethe landscaping ordinance, the block length ordinance, and the minimum lot size/setbackrequirements.
TESTTMONY BEFORE THE CtTy COUNC!L,,MAFCIJT, 2008
Reserved for City Council.
Aft - u'4
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6.3
The final plat for Virginia Park #6 shall be recorded no later than Janua ry 2,200g.
All remaining 312 resjdenlal lots shall befinal platted and thefinal plats shall be recorded nolater than January 2,2p< Z O Lb
No further time extensions for any portion of Virginia Park Subdivision shall be allowed.
All requirements placed at the underlying hearing shall be met in the development of VirginiaPark Subdivision.
3.1
6.2
6.4
6.5
Case No. SUB-57E-00 (Virginia park time extension)
City Council Staff Report
Page 3 of3
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1.The this that it bepublic notice requirements were met and'the
of, Fact and Conclusions of Law, the City Council
by Dyver
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AFFIDAVIT OF PUBLICATION
STATE OF IDAHO )
) SS.
County of Canyon )
Katherine Holmquist
of Nampa, Canyon County, Idaho, being
first duly sworn, deposes and says:
1. That I am a citrzen of the United States,
and at a1l 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 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 the 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:
FID
of
m100821 06ss6s75
I Caldwell, City of
Legal Account
PO Box ll79
Caldwell ID 83606
Community
Police Department, 1l
nue, Caldwell, ldaho
hear the following:
Ave-
March 2,06556575 inthe y"*orM
, personally appeared
On the
before me,aN
of
Katherine
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 statements therein are true, and
to me that executed the same.
Public
at Nampa
N,
y commission expires April 19,2008
Case Number SUB-57E-00 a re-
rquest by Bailey Engineering for a I
one year time extension for Virginia I
Park Subdivision. This site is locat-
ed at the norlheast intersection of I
KCID Road and Highway 20"26.
I
I Crr" Number ANN-170-08 a re- /
I quest by George Thomas for the II annexation ol 0.86 acres with C-2 I
I Community Commercial zoning, a '
I Comprehensive Plan Map designa- '
I lion of Commercial, and a develop- '
I ment agreement. The site is locat-I ed at 4024 S. Florida Ave.
I
I Cur" Number OA-94-08, a re-
I quest by Caldwell's Planning and
I Zoning Director for an Ordinance
I Amendment for adoption bl an
I amended zoning map. ,
' Case files and exhibits relative to- this request are on lile at the Cald-
well Planning and Zoning Depart-
ment located at 621 Cleveland
Blvd. Files are available for review
the hours 8:00 a.m. to
who
.t
tr::
t It I t,ns
ao
MEMO
Date: FebruarY 27, 2OOf3
To:Tim King, Engineering DePartment
Dennis Wilson, Building Department
From:Anne Marie Skinner, Senior Planner
Caldwell P &Z DePartment
RE:Case No. SUB-57E-00
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 ]rlonday, March L7r 2OO8 at 7:OO pm'
Case Number SUB-57E-00 a request by Bailey Engineering for a one
year time extension for Virginia Park Subdivision. This site is located at
ihe nonheast intersection of KCID Road and Highway 20-26.
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 posiible but no later than Tuesday, March 11, 2OO8.
E-mail: amskinner@ci.caldwell.id.us
FAX: 455-3O5O
I will assume 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.
Note: I woutd realty appreciate any thoughts or comments the
Engineering Department and Building Department has regarding time
extensionsl City Council has specifically asked for staff comments'
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621 Gleveland Blvd.
Caldwell, lD 83605
City of
45$.3021 .fax 45$3050
Planning & Zoning
Depailment
From:To:
Fax:
Phone:
Pages:I
70atez )- 31-U r
Re:
E Urgent M For Review E Ptease Gomment fl Please Reply E Please Recycte
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NOTICE lS HEREBY GIVEN that the Caldwell City Council will conduct a public hearing on
Monday, March 17,*2008, at 7:00 p.m. in the Community Room of the Caldwell Police
Department, 1 1O S. 5h Avenue, Caldwell, ldaho in order to hear the following:
Case Number SUB-57E-00 a request by Bailey Engineering for a one year time extension for
Virginia Park SuMMsion. This site is located at the northeast intersec{ion of KCID Road and
Highway 20-26.
Case Number ANN-170-08 a request by Geoge Thomas for the annexation of 0.86 acres with G2
Community Commercial zoning, a Comprehensive Plan Map designation of Commercial, and a
devefopment agreement. The site is located al.4024 S. Florida Ave.
Case Number OA-9/t-08, a request by Caldwell's Planning and Zoning Director for an
Ordinance Amendment br adoption of an amended zoning map.
Case files and exhibits relative to this request are on file at the Caldwell Planning and Zoning
Department located at621 Cleveland Bfud. Files are available for review during the hours of 8:00
a.m. to 5:00 p.m. Mondaythrough Friday. Foranyfurtherinformation, please call 455-3021. A
person who is visually and/or hearing impaired, or needs an interpreter should contact the Gity
priorto the meeting.
PUBLISH DATES: March 2,2008.
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PUBLIC HEARING REQUEST FOR AGENCY
RESPONSE CHECKLIST
VP&ZIHE City Council
Case Na
Hearing
SCHOOL DISTRICT
( ) Caldwellschool District
School District
IRRIGATION DISTRICT
( ) Pioneer Irrigation District
( ) Riverside Irrigation District
( ) Canyon Hill Irrigation Distr.ict
( ) Black Canyon Irrigation District
( ) Golden Gate Irrigation District
( ) Caldwell Lateral Irrigation District
( ) Wilder Irrigation District
Irrioation District
TRANSPORTATION
( ) CaldwellTransportation
( ) Brown Bus Com nv()Countu
ling Date
Address List Verified
Docket
Pubtic Asenry Response" uv 5 - /l-C&
f ) Vall
Mail Public Agency Memos by
If site is in vicinity of water body:
( ) Bureau of Reclamation
( ) Corps. Of Engineers
( ) Department of Water Resources
( ) Idaho Fish and Game
If site is in vicinity of Boise River:
( ) Bureau of Land Management
If site is a gravel pit:
( ) Department of Lands
()
Services
HIGHWAY DISTRTCT
( ) Canyon Highway District #4
( ) Namoa Hiohwav District #1()Proiect Board of()District Health
( ) Idaho Department()Power
( ) Intermountain()Maos- Final Plats
( ) Other
r)
( ) Other
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