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STAFF - City Council
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BEFORE THE MAYOR AND CITY COUNCIL
CITY OF CALDWELL, IDAHO
NOVEMBER 5,2007
Mayor Nancolas and City Council
Anne Marie Skinner, Senior Planner
Brian K. Billingsley, AICP, Planning & Zoning Director
Staff Report - Gase No. SUB-109(E)-04 (Whitney Springs time
extension)
October 24,2007
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLIGATION:
REQUEST FOR TIME EXTENSION TO DEVELOP 91 REMAINING RESIDENTIAL LOTS
IN 3 PHASES.
TABLE OF CONTENTS:I. COURSE OF PROCEEDINGSII. GENERAL FAGTSIII. TESTIMONYIV. FINDTNGS OF FACTV. CONCLUSIONS OF LAWV!. CITY COUNGIL ORDER OF DECISIONVII. OTHER CONDITIONS OF APPROVAL
I GOURSE OF PROCEEDINGS
1.1
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.
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2.1
2.2
Case No. SUB-109(E)-04 (Whitney Springs time ext.)
City Council Staff Report
H&C Development
Toothman-Orton Engineerin g, 524 Cleveland Blvd., Ste. 227
Caldwell, lD 83605.
Page 1 of4
GENERAL FACTS
OWNER:
ENGINEER:
.rQ, -+
The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application SUB-109(E)-04 to be held before the Caldwell City Council on November 5,
2007. Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act,
were met. On October 21,2007 notice was published in the ldaho Press Tribune and, on
October 26,2007 notice was posted on the site.
O o
2.3 REQUEST: The owner is seeking a time extension on an approved preliminary plat for
Whitney Springs Subdivision to complete the build-out of the 91 remaining residential lots in
said approved preliminary plat.
The approved preliminary plat lists the remaining g1 lots to be developed in one phase -
Phase 3. The owner is requesting that the remaining approved 91 lots be developed in 3
phases rather than one phase which would give the project a total of 5 phases instead of 3
phases.
2.4 LOCATION: The subject property is located south of Ustick Road approximately 1300 feet
east of Middleton Road.
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 Whitney Springs Subdivision was approved by the
Mayor and City Council on November 15, 2004. The preliminary plat was approved lor 222
single-family residential lots.
The final plat for Whitney Springs Subdivision No. 1 for 52 single-family residential lots was
approved by the Mayor and City Council on August 7, 2OOG which is within the two-year
required timeframe as per the subdivision ordinance Section 11-02-04(6)8.
The final plat for Whitney Springs Subdivision No. 2 lor 79 single-family residential lots was
approved by the Mayor and City Council on July 16, 2007 which was within the required
timeframe as per the subdivision ordinance Section 11-02-04(6)8.
The final plat for the remaining 91 single-family residential lots needs to be recorded by
November 15, 2008 to be in compliance with the subdivision ordinance timeframe.
According to the applicant's letter, due to the slowdown in the real estate market and the
inability to sell residential lots in Phase 2, they are requesting an extension of Phase 3 of the
subdivision with approval to split Phase 3 into 3 phases.
2.6 COMPREHENSIVE PLAN DESIGNATION: The Comprehensive Plan Map designation for this
site is Low Density Residential.
2.7 nr1[,l PREH tr]\tQt\/tr Dt aNr l^/1r\rDnNrtr APPI I(iAFII tr T(.) T1{tr RtrOIItrST
2.7.1 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
Does the regulation have a significant impact on the landowner's economic interest?
No
Does the regulation deny a fundamental attribute of ownership? No
Case No. SUB-109(E)-04 (Whitney Springs time ext.)
City Council Staff Report
1.
2.
3.
4.
5.
Page 2 of 4
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2.7.2 School Facilities and Transportation: N/A
2.7.3 Land Use: The subject property is currently developed as Whitney Springs Subdivision No. 1
and Whitney Springs Subdivision No. 2 development is in progress. North of the subject
property is Blackhawk Subdivision and west of the project is Monarch Subdivision and
Monarch Commercial Subdivision. East of the property is within the City's impact area, as yet
undeveloped and actively being farmed. South of the property is undeveloped, agricultural
land outside of the City's impact area.
2.7.4 Transportation: This property has frontage upon Ustick Road, Laster Street and Santa Ana
Avenue.
lII TESTIMONY BEFORE THE CITY COUNCII, NOVEMBER 5,2OO7
3.1 Reserved for City Council
6.2 The final plat for Whitney Springs Subdivision No. 3 shall be recorded no later than November
15,2008.
6.3 The final plat for Whitney Springs Subdivision No. 4 shall be recorded no later than November
15,2009.
6.4 The final plat for Whitney Springs Subdivision No. 5 shall be recorded no later than November
15,2010.
6.5 Construction drawings shall be prepared and submitted to the City Engineering Department
for review and approval for Phase 3 prior to any construction of Phase 3.
6.6 Construction drawings shall be prepared and submitted to the City Engineering Department
for review and approval for Phase 4 prior to any construction of Phase 4.
Case No. SUB-109(E)-04 (Whitney Springs time ext.)
City Council Staff Report
Page 3 of4
VI
1)
AS
(any pertinent facts forward under be restated and
that it
WAS of ldaho Code
1 Based on the of Fact and Conclusions of Law, the Council
6.7
6.8
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Construction drawings shall be prepared and submitted to the City Engineering Department
for review and approval for Phase s prior to any construction of phase 5.
All requirements of current City codes, ordinances, policies and standards shall be met in
addition to any requirements placed at the underlying hearing.
OTHER CONDITIONS OF APPROVAL
7.1 Reserved for City Council
Case No. SUB-109(E)-04 (Whitney Springs time ext.)
City Council Staff Report
Page 4 of 4
9,
L DW
ti.y of Caldwe[O
Planning & Zoning Department
Land Use and Zoning Services
NOTICE !S HEREBY GIVEN that the Caldwell City Council will conduct a public hearing on
Monday, November 5,2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, in
the Community Room of the Caldwell'Police Department, 110 S. sth Avenue, Caldwell, ldaho in
order to hear the following:
Case Number SUB-109(E)-04 a request by Toothman-Orton Engineering and H&C Development for a time
extension on Whitney Springs Subdivision. The site is located south of Ustick and approximately 1300 feet east
of Middleton Road.
The site is being posted because ldaho Code, 67-6509, Local Planning Act 67-6509, requires
posting of the s-ite for a public hearing. Correspondence regarding the proposal is to be
submitted to the Planning & Zoning Department no later than five (5) working days prior to
the public hearing. PubliJ 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 Planning & Zoning
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 the City at least 24 hours prior to
the hearing.
POSTED
1 2 7II
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T0:94553E58 P.1
DEC-S-?EE7 1E: 4BH FRO|''1: PRESS TRIBUNE CLHSSI t?BiA947"?14
a
I Caldwell, City of
Legal Acct.
PO Box 1179
Caldwell,lD 83606
a
AFFIDAVIT OF PUBLTCATION
STATE OF rDAHO )
) ss.
CountY of CanYon )
LEGAL NOTICE
iIOTICE IS HEREBY GIVEN thAt
th6 Caldwell Citv Council will con'
iiuiti puolic he'arlng on MondtY'
Nov6mb.r 5. 2007 at 7:00 P.m. in
ine-66mmuniw Boom ol the cald'
iett Pottco De'Panment' 110 S. sth
Avenuo, Catouiell. ldaho in ordor lo
hoar ho following:
Carc Numbcr SUBPUII"l 21(P)E'
oi i request bY GarY La6hcr and
nita partior a time ert-ension on ln'
aiin Creef Subdlvision. Tho silo is
localod on E. Linden Streel belween
th6 railroed & lnclian Creek'
cm6 Numbcr SUB-10S(E)'04 a
reouest bv Toothman'Ohrin and
r.r-,Lin t-aia Oev€loDtnsnl lor a time
biliniion on Whitnriv Springs Sub-
oiiaiion. fne site is lticaied Santh ot
Uiiio< ano aobroxlmately 1300 reet
easr ol Middletbn Hoad..
Katherine Holmquist
of NamPa, CanYon CountY,Idaho' being
first dulY sworn' dePoses and says:
L That I am a citizen of the United States'
una at all times hereinafter mentioned
wos over the age of eighteen years' and
not a party to the above entitled action'
2. That i am the Principle Clerk of the
Idaho Press-'Iribune, a daily newspaper
prUiirfr"a in the CitY of NamPa in the
bounty of Canyon, State of ldaho; that
the said newsPaPer is in general
circulation in the said Counry of
Canyon. and in the vicinity of Nampa
and Caldwell, and has been
uninternrpteAly published-in said
Counry Ouring a period of sevenry-eight
conseiutive weeks prior to the first
publication of this notice' a copy of
which is hereto attached'
3. trat tne notice, of which the annexed is
a printed copy, w:rs published in said
.
nr*rpup"t i iimelsl in the regular and
entire iisue ofsaid PaPer' and was
printed in the newspaper proper' and not
in a suPPlcment'
4. fnat saia notice was published the
following:
Casc Numbcr ANN-150'07 &
sd6Flo-izgP'o7 a requosl bi Ed
H6nd6rshot and LandmarK tsngl-
neerino lor annexation ol 59'52
iireJ lnrolne Cilv of caldwoll with
R-t Sinole Familv Besidential zon-
ino: j cdmpreneniive Plan maP dos-
ioiltion o/ t-ow Donsiiv Residential;
i OeviloPment aoreehenu and a
srtJivisiiinlptann6d unil develop'
menl for Cotionwood Creek Subdivi-
.iin'coniisttno ol 176 rosidonlial
t-6ti. e+ commo-n lols. The site i6 lo'
tiiria ar 9352 Highway 20/25, north
ot Higfiway 2Ol25 and'oast of Knott
Lane.
Case liles and exhibits rslativo to
rniJisoriesi are on lite 8t thg cald'
well Plhnnino and Zoning DoParl-
menr locared-at 621 Cleveland Blvd'
Fitei are available lor reviovY duiing
th6 hours ol 8:00 a,m. to 5:00 P'm'
Mondav rhrough Friday. For any luJ'
thor inlormation' plea6e. call 455-
doit. A oerson who is visuallY
analor neaiing impaired, or.needs
ari-inrirp'iiet 5tro,,id contact tho city
prior lo tho meeling.
Octobor 2.|, 2007 06554282
CountyofCanYon )
oft .*ilL-*:"J.";k;l;i;,'ifl,11.,,,
ffia:Kutherine Holmquist, known or
-iientinea
to me to be the person whose namc ts
subscribed to the within instrument' and belng oy
,. not arty sworn, declared that the statements
;;il "r. t u., and acknowledge to me that
l
OF )
L.
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alral
the
Public for ldaho
OF
A ooZ,My Corn
at Nampa
mission'exPires APril 19, 2008
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Pages: I
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83605IDdwellCal 50455-301fax5-302o4s
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NOTICE lS HEREBY GIVEN that the Caldwell City Council will conduct a public
hearing on Monday, November 5, 2OO7 at 7:00 p.m. in the Community Room of
the Caidwell Police Department, 110 S. sth Avenue, Caldwell, ldaho in order to
hear the following:
Case Number SUBPUD-{2I(P)E-05 a request by Gary Lasher and Rita Earl for
a time extension on lndian Creek Subdivision. The site is located on E. Linden
Street between the railroad & lndian Creek.
Case Number SUB-109(E)-04 a request by Toothman-Orton and Homan Land
Development for a time extension on Whitney Springs Subdivision. _The site is
located south of Ustick and approximately 1300 feet east of Middleton Road..
Case Number ANN-160-07 & SUB/PUD-179P-07 a request by Ed Hendershot
and Landmark Engineering for annexation of 59.52 acres into the City of Caldwell
with R-1 Single Family Residential zoning; a comprehensive plan map designation
of Low Density Residential; a development agreement; and a subdivision/planned
unit development for Cottonwood Creek Subdivision consisting of 176 residential
lots, 24 common lots. The site is located at 9352 Highway 20126, north of Highway
20126 and east of Knott Lane.
Case files and exhibits relative to this request are on file at the Caldwell Planning
and Zoning Department located at 621 Cleveland Blvd. 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: October 21, 2007
oa
aI
PUBLIC HEARING NOTIFICATION CHECKLIST
P&Z City Council
lrl'rl
Pioneer Irrigation District
Riverside Irrigation District
Canyon Hill Irrigation District
Black Canyon Irrigation District
Golden Gate Irrigation District
Caldwell Lateral Irriqation District
( ) CaldwellTranspoftation
( ) Brown Bus Comoanv
( ) Canyon County Develooment Services
( ) Canyon Highway District #4
( ) Namoa Hiqhwav District #1
( ) Boise Proiect Board of Control
( ) Southwest Health
( ) Idaho Transportation Deoartment
( ) Idaho Power
( ) Intermountain Gas
( ) DTG Maps- Final Plats
Mailing List and Annexation Memo:
Case
If site is in.vicinity of Boise River:
( ) Bureau of Land Management
If site is a gravel pit:
( ) Department of Lands
o
.f,re
Hearing Address List Date
Publish Date_ Public Agency Date_
Mailing Date- Docket Date-
Post Site o
The following, if checked, are to be noticed no later than the above mailing date:
tI Enqineerinq Depaftment If site is in vicinity of water body:
O Fire Department Bureau of Reclamation
Corps, Of Engineers
Department of Water Resources
Idaho Fish & Game
( ) Buildino Deoartment
( ) Police Deoartment
Caldwell School District
Vallivue School District
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