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CITY COUNCIL
ITEM DATE SUBMITTED BY
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MOVED by Oates, SECONDED by Blacker to close the public testimony portion of the public
hearing.
Roll call vote. Those voting yes: oates, Hopper, Dakan, wells, and Blacker. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIEDEVIDENCE LrST FOR SUB-46(3)F_00:
C-ouncilman Hopper presented the Evidence List: Staffreport, CC-1000 (sign-(Flqh€ets) and CC-l00l (a memo from Darrin Hibbs regarding the bonding amount). ' - OF rl' -
MovED by oates, SECoNDED by Blacker to accept the Evidence List as ,r"r"i"f{4//yp.n
Roll call vote. Those voting yes: oates, Hopper, Dakan, wells, and Blacker. rnor. ,otinl(/
none. Absent and/or not voting: none.
MOTION CARRIED
FTNDTNGS OF FACT FOR SUB_46(3)F_00:
MOVED by Dakan, SECONDED by Oates to accept the general facts as outlined in the staff
report, the public testimony that was given tonight, the evidence Iist, and that no one testified in
opposition.
Roll call vote. Those voting yes: Dakan, wells, Blacker, oates, and Hopper. Those voting no:
none. Absent and/or not voting: none.
coNCLUSIoNS oF LAw FoR SUB-a6(3)F-00: MorIoN CARRIED
MOVED by Oates, SECONDED by Blacker that the Caldwell Ciry Council has the authority to
hear requests for final plat approval and to make the decision to approve or deny; the puilic
hearing was legally noticed and conducted within the guidelines
-of
applicable codes and
ordinances.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no:
none. Absent and/or not voting: none.
oRDER oF DECISIoN FoR SUB-46(3)F-00: MorIoN CARRIED
MOVED by Oates, SECONDED by Blacker that based on the Findings of Fact and Conclusionsof Law, the Caldwell City Council orders that Case No. SUB-46(3)F:00, a request for final plat
approval of Weston Pointe Subdivision Unit No. 3 to develop 43 residential lots and I common
area.lot is approved and authorize the Mayor to administratively review and sign the Order of
Decision.
Roll call vote. Those voting yes: Oates, Hopper, Dakan, Wells, and Blacker. Those voting no:
none. Absent and/or not voting: none.
MOTION CARzuEDMovED by oates, SECONDED by Blacker to close this public hearing.
Roll call vote. Those voting yes: oates, Hopper, Dakan, wells, and Blacker. Those voting no:
none. Absent and/or not voting: none.
MOTION CARzuED
O
cASE NO. SUB-46(3)F-00
WESTON POINTE SUBDIVISION UNIT NO. 3
A PLANNED UNIT DEVELOPMENT
Order of Decision
BEFORE THE MAYOR AND CITY GOUNGIL
CITY OF CALDWELL, IDAHO
September 6, 2005
IN THE MATTER OF THE APPLICATION OF DWER DEVELOPMENT, LLC. FOR FINAL PLAT
APPROVAL OF WESTON POINTE SUBDIVISION NO. 3 WHIGH CONSISTS OF 43 RESIDENTIAL AND 1
coMMoN AREA LOTS tN AN R-l (STNGLE FAMTLY RESTDENTTAL) ZONE.
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TABLE OF GONTENTS:I COURSE OF PROCEEDINGS,II GENERAL FACTS,III TESTIMONY,IV APPLICABLE LEGAL STANDARDS,V FINDINGS OF FACT,VI CONCLUSIONS OF LAW,VII ORDER OF DECISION.
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I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of public hearing on Case No.
SUB-46(3)F-00 (Weston Pointe Subdivision #3) held before the Mayor and City Council on September
6, 2005, Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, have
been met. On August 22,2005 notice was published in the ldaho-Press Tribune; on August 19, 2005
notice was mailed to all property owners within 300 feet of the project site and to all to all political
subdivisions providing services to the City of Caldwell; and on August 25, 2005 notice was posted on
the site.
1.2 Files and exhibits relative to this application will be available for review in the Community Development
Department, Caldwell City Hall, as well as all public hearings.
II GENERAL FACTS
2.1 APPLICANT (S): Dvver Development. LLC, 1977, Meridian, lD 83680. Applicant's Representative -
Carl Porter, W & H Pacific 3130 S. Owyhee St., Boise, lD 83705-4768.
2.2 OWNER: Same.
2.3 REQUEST: The Applicant requests final subdivision plat approval of Weston Pointe Subdivision Unit
No. 3 to develop 43 residential lots and 1 common-area lot in R-1 (Single Family Residential) zone on
approximately 10.87 acres. The preliminary plat of Weston Pointe was approved by City Council on
June 5, 2000 as a planned unit development.
2.4 BACKGROUND INFORMATION:Weston Pointe Subdivision received preliminary plat approvalfor
316 residential and 4 common area lots on June 5, 2000. Subsequently, they have received two one-
year plat time extensions, including a one-year plat extension from the Hearing Examiner on
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Public Hearing September 6, 2005
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SUB46(3)F-00 - Weston Pointe SUB CCOD
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September 9,2001 and the second one-year plat extension from the City Council on September 16,
2002, (extending the plat thru September 16, 2003)
The one-year extension for preliminary plat approval shall be effective for twelve (12) months
from the date of signing of this Order of Decision unless an extension is requested and approved by
City Council following the public hearing process. Preliminary plat approval, which includes the
development schedule, shall remain valid as set forth in Section 11-02-04, Subsection (6) C of
Subdivision Ordinance No. 1758.
Phasing Schedule shown on the preliminary plat:
Phase 1 44 July, 2001
Phase 2 49 July,2002
Phase 3 37 July, 2003
Phase 4 41 July, 2004
Phase 5 35 July, 2005
Phase 6 36 July, 2006PhaseT 3 July,2007
Phase 8 36 July 2008
SC,ilj/VED
2.5 LOCATION: The site abuts the south side of Laster St. and Phase #5 of Ashton Hills Subdivision known
as a portion of the SW % of Section 1, T.3N., R.3W., B.M.
2,6 PUBLIC FACILITIES:
2.7 Schools - The Caldwell and Vallivue School Districts were notified of the request through mailing of the
public hearing notice on July 11,2005
2.8 Public Services. Utilities and Facilities: ln a memo dated August 22,2005, the Engineering
Department submitted the following comments:
1. The water system is operational. The water system has been constructed, pressure tested, and
clean water samples have been received.
2. All weather surfaces are in place except for frontage improvements on Laster St. compaction test
results for the roadways have not been submitted to the City for review and approval.
3. Street signs have been installed.
4. The sewer system is operational. The line has been, tested, taped and approved.
5. Construction security will have to be provided for those items not yet completed prior to signing of
the final plat. The city has not agreed on a bond amount for those improvements not yet
constructed.
6. The final plat drawing shall be corrected in accordance with the redlines mailed to W & H Pacific on
July 21, 2005
7 . ln an effort to expedite the addressing process of the final plat, the City is asking that an electronic
copy, in AutoCAD format, be returned with the revised copy of the final plat.
2.9 Fire Protection: ln a memo dated October 25,2004 the Caldwell Fire Marshal submitted preliminary
plat comments.
2.10 CONSTRUCTION COMPLETION/FINANCIAL GUARANTEE: Subdivision OTd|NANCE NO. 1758 SEIS
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).
2.9.1 Section 11-02-06 (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
Page2 of 4
Public Hearing September 6,2005
SUB46(3)F-00 - Weston Pointe SUB CCOD
3.1
3.2
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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)
2.9.2 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.
2.9.3 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.
TESTIMONY
Melodie Halstead, Community Development Staff, presented the application and outlined the facts as
written.
Ben Weymouth, Assistant City Engineer, presented Exhibit CC-1000 (Bonding Memo).
Jerry Nilsson, neighboring property owner, signed in neutral of the application. Mr. Nilsson expressed
concern over a dirt mound behind his house.
Ben Weymouth will check into dust control for the subdivision.
Testimony Closed.
3.3
4.1
4.2
4.3
4.4
3.4
IV APPLICABLE LEGAL STANDARDS
City of Caldwell Zoning Ordinance No. 1451
City of Caldwell Comprehensive Plan
ldaho Code, Title 67, Chapter 65, Local Planning Act
City of Caldwell Subdivision Ordinance No. 1758
SC{WFO
V FINDINGS OF FACT
5.1 The City Council accepted the facts outlined in the staff report, public testimony and Exhibit CC-1000
(Bonding Memo) and Exhibit CC-1001 (Public Hearing Sign ln Sheets).
VI CONCLUSIONS OF LAW:
6.1 The Caldwell City Council has the authority to hear requests for final plat approval and to make the
decision to approve, the hearing was legally noticed and conducted within the guidelines of applicable
codes and ordinances
VII ORDER OF DECISION
7.1 Based upon the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case
No. SUB-46(3)F-00, a request for final plat approval of Weston Pointe Subdivision Unit No. 3 to develop
43 residential lots, and 1 common-area lot is approved.
Page 3 of4
Public Hearing September 6,2005
SUB46(3)F-00 - Weston Pointe SUB CCOD
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CASE NO. SUB-46(3)F-OO, WERE HEARD By THE MAYOR AND CITY COUNCIL AT A PUBLIC HEARING
HELD SEPTEMBER 6, 2005.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DECISION
BY CITY COUNCIL MEMBERS, AND ADMINISTRATIVELY SIGNED BY MAYOR
DATE NOTED BELOW.
ATTEST
Mayor Garret L. Nancolas
SOq,r,?/ED
Page 4 of 4
Public Hearing September 6, 2005
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City
JAN I'
SUB46(3)F-00 - Weston Pointe SUB CCOD
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O AGENDA
REGT]LAR CITY COUNCIL MEETING
SEPTEMBER 6,2005 AT 7:00 P.M.
WORKSHOP AT 6:00 PJVI. AT TIIE POLICE STATION REGARDING THE DOWhITOWN ZOI\-ING PACK,A.GE.INVOCATION OFFERED BY PASTOR DOUG GROSS OF THE EVERGREEN HEIGHTS MENNONITE CHT]RCH.PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
SrECIAL rRESENTATToNS. q ,A .l t, ltr I ;. nADDrrroNS oR DELErroNs ro rHE AGENDA. U U h- \j l\J E UAUDTENCE PARTICIPATION.
CONSENT CALENDAR:
l' Dispense with reading of the minutes for July 18, 2005 and August 15,2005 Regular City Council Meetings and for July 13,
2005 and August 26,2005 Special City Council Meetings and alprove as written]2. Approve Order of Decision for Case No. SUB/PUD-I l9P-05 foiiaith Landing Subdivision;3' Approve amended Resolution No. 94-05A to accept the partial vacation of a Lot Line Easement in Aspens Subdivision No. l;4' Approve Resolution accepting a Crossing Agreement with Pioneer Irrigation District, Black Canyon Irrigation District, and
Bureau of Reclamation for the Midway Sewer project;
5' Approve Resolution accepting a Sewer and Watei Easement from T&D Partrership for Midway park manufactured housing
development;
6' Approve Resolution accepting sewer easements from Michael Riggs for the Midway Sewer Project in Lexington Subdivision;
7 ' Approve Resolution accepting a Temporary Irrigation Easement from Dyver Development, L.L.C. for Virginia park
Subdivision No. 4;
8' Approve Resolution authorizing execution of a termination of a Joint Exercise of Power Agreement with School District No.132;
9' Approve Resolution authorizing execution of a Form of Assignment Letter with Allied Waste Services of North America,LLC (AWSNA);
10' Approve Resolution authorizing execution of a Supplemental Agreement No. I to a Professional Services Agreement withToothman-Orton Engineering Co. for the Blaine and Cleveland curb replacement;ll' Approve Resolution authorizing execution of an Agreement for Proiessional Services with J-U-B Engineers, Inc. for theDixie Sewer Master plan update;
12. Approve and adopt the Regular city council Meeting calendar for 2006.
OLD BUSINESS
l' Consider Bill No. 28 (ordinance No. 2563), text amendment concerning lot frontage requirements within the R-3 and C-3
zones with the request to waive the three-reading process, pass on the firsi reading and uppior" the Summary for publication.2' Consider Bill No. 29 (ordinance No. 2564) u*&irg Pheasant Run Subdivision No. I into the Municipal irrigation Districtwith the request to waive the three-reading process and pass on the fust reading.3. Public Hearing on proposed fee schedule increases and approve Resolution to be effective October l, ZOO5.4' Consider proposed fee increases for the sewer systern, water syster4 street lighting, airport, engineering review and mapping
and approve Resolutions to be effective October l, 2005.5' Consider amendments to Appropriations Ordinance No. 2561 and set Public Hearing for September 19, 2005.NEW BUSINESS
l. Approve errployee participation in the Host Program with Syringa Middle School.2' Public Hearing ou Case No. ACI-01-05, a requist by the rhnning & Zonng Commission to expand the CaldwelVCanyon
County Area of City Impact boundary.3' Public Hearing (quasi-judicial) on Case No. SUB-104F-04 (Quail Cove Subdivision), a request by Landmark Engineering &Planning, Inc.
-for final plat approval to develop 22 residential lots and 5 common lots in u, R-t zone and ii approied,
authorize the Mayor to administratively review and sign the Order of Decision.4' Public Hearing (quasi-judicial) on Case No. StiB-5(4)F-00 (Virginia Park #4), a request by Dyver Development for finalplat approval to develop 66 residential lots and 3 common lots in an R-l ,oo" uod if upprould, authorizi the Mayor toadministatively review and sign the Order of Decision.5' Public Hearing (quasi-judicial) on Case No. SIIB-71(3)F-02 (Aspens #3), a request by Dyver Development for final platapproval to develop 73 residential lots and 3 common los in an R-l zone ind if approved, authlrize the Mayoi toadministatively review and sign the Order of Decision.6' Public Hearing (quasi-judicial) on Case No. SUB46(3)F-00 (Weston Pointe #3), a request by Dyver Development for finalplat approval to develop 43 residential lots and I common lot in an R-l zone andlf upp-u"d, authorize the Mayor toadministatively review and sign the Order of Decision.7. Financial and Human Resource Reports.8. Council Reports.
9. Mayor's Comments.
10. Adjourn.
Next Regular City Council Meeting is on MondaS September 19, 2005 at 7:00 p.m. in the Corrurrunity Room at the CaldwellPolice Station at 110 South Fifth. Any person needing spicial accommodations to participate in the meeting should contact the CityClerk at 621 Cleveland Blvd. or call #4554656 priorio the meeting. Agenda and Minutis can be viewed on the CiE of Caldwell,swebsite:www.citvofcaldwell.com
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