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COMMUNITY DEVELOPMENT DEPARTMENT
Land Use and Zoning Services
March 23,2006
Windsor Creek Development LLC
701 S. Allen Street
Meridian, ID 83642
Re: ORDER OF DECISION - CASE NUMBER SUB-I l4(l)F-04 (WINDSOR CREEK
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To Whom ItMay Concern:
Enclosed for your fiIes is a copy of the SUB-114(l)F-04 Order of Decision as approved
and signed on March 20. 2006 Ly the Caldwell City Council president, Jim Blacker.
If we can be of any assistance or if you have any questions, please call me'
Sincerely,
Brian Billingsley, AICP
Senior Planner
Enclosures
cc: JCase File
CITY HALL 621 CLEVELAND BLVD. . PO. BOX 1177 ' CALDWELL,ID 83605 (208) 455-3021 ' (FAX) (208) 45s-3050
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CASE NO. SUB-114 (1)F-O4
Windsor Creek #1
FINAL PLAT
Order of Decision
BEFORE THE MAYOR AND CITY COUNCIL
CITY OF CALDWELL, IDAHO
March 20,2006
IN THE MATTER OF THE APPLICATION OF WTNDSOR CREEK DEVELOPMENT, LLC FOR FINAL
SUBDIVISION PLAT APPROVAL OF WINDSOR CREEK SUBDIVISION #{, CONSISTING OF 93
RESIDENTIAL LOTS ON APPROXIMATELY 22.74 ACRES IN AN R-l ZONE.
TABLE OF CONTENTS:
! COURSE OF PROCEEDINGS,
I! GENERAL FACTS,
II! APPLICABLE LEGAL STANDARDS,
IV FINDINGS OF FACT,
V CONCLUSIONS OF LAW,
VI ORDER OF DEGISION.
I COURSE OF PROCEEDINGS
Files and exhibits relative to this application are available for review in the Community Development
Department, Caldwell City Hall, and will be available for review at all public hearings.
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II GENERAL FACTS
2.1 APPLICANT(S): Windsor Creek Development, LLC, 701 South Allen Street , Meridian,lD 84642.
AppliCant's Engineer: Earl, Mason & Stanfield, lnc., 314 Badiola Street, Caldwell, lD 83605.
2.2 OWNER(S): Windsor Creek Development, LLC, 701 South Allen Street, Meridian,lD 84642.
2.3 LOCATION: The site is on the south side of Homedale Road approximately % mile west of the
intersection of Homedale Road and Lake Avenue.
2.4 REQUEST: Final subdivision plat approval of Widsor Creek Subdivision #1, which consists of 93
residential lots on approximately 22.74 acres located in the R-1 (Single Family Residential) zone.
2.5 DEVELOPMENT SCHEDULE: Windsor Creek Subdivision will be developed in eight (8) phases.
BACKGROUND INFORMATION: The preliminary plat of Windsor Creek Subdivision was approved
by City Council on February 22,2005.
1.2
2.6
2.7 LAND USE: R-1 (Single Family Residential) zone
2,8 PUBLIC LITIES
Page 1 of 3
Pttblic Heaing of March 20, 2006
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2.8.1 SCHOOLS - No comments received
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FIRE PROTECTION - No comments received.
INFRASTRUCTURE: The City of Caldwell Engineering Department has stated the following: I have
spoken with Pete Wilson, the developer's representative, and agreed on a financial guarantee
amount in the sum of $704,192.92 for items remaining to be constructed at the above referenced
project. The bond consists of miscellaneous items, sewer, water, storm drain, streets, street lights,
center line pins, landscaping, pressure irrigation, Pl pump station, record drawings, and dedication.
As of 3120106 the sewer is not operational. The off-site sewer needs to be constructed and tested,
water is operational, all-weather surface is in-place, and street signs have been installed.
2.8.4 IRRIGATION: Pioneer lrrigation District - No comments received
2.9 CONSTRUCT]ON COMPLETION/FINANCIAL GUARANTEE: Subdivision OrdiNAnCE NO. 1758,
Section 11-02-06 (1), sets forth the requirements for the final plat submittal. lf construction of the
improvements has not been completed and the developer intends to provide a financial guarantee,
the City Engineer will approve the "form" of the guarantee and completion of the improvements
Section 11-02-06 (1) E.
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
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)
2.8.2
2.8.3
2.9.1
3.1
3.2
3.3
3.4
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 Planning
and Zoning Commission 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.
2.9.4 All requirements placed on the preliminary plat by City Departments and any other agencies having
approval authority shall be met prior to submitting a request for final plat approval, or a financial
guarantee for completion of work shall be submitted in compliance with Section 11-02-04,
Subsection 7, Subdivision Ordinance No. 1758.
!I! APPLICABLE LEGAL STANDARDS
City of Caldwell Zoning Ordinance No. 1451
City of Caldwell Comprehensive Plan
City of Caldwell Subdivision Ordinance No. 1758
ldaho Code, Title 67, Chapter 65, Local Planning Act
IV ORDER OF DECISION
Based upon the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that
Case No. SUB-1 14 (1) F-04 (Windsor Creek Subdivision) a request by Windsor Creek Development,
LLC for final plat approval to develop 93 residential lots is approved with the following conditions:
Page 2 of 3
Public Hearing of March 20, 2006
4.1
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4.2 Certificates of occupancy shall not be issued on any home until the sewer system is fully
operational.
4.3 Domestic water may only be used on the inside of the house for pressure testing of plumbing
systems during the home construction.
4.4 The developer will place porta-potties on site for use by all subcontractors.
4.5 The developer will have a service agreement with Master Rooter to haul off any water that
discharges to the sewer line.
4.6 The developer agrees to re-video the sewer line to the lowest manhole once the entire system is in
place.
4.7 The developer will have the downstream manhole continuously plugged until the offsite sewer is
completely operational.
4.8 All sewer manholes shall be brought up to grade (or at least opened) so invert elevations and sewer
grades can be verified by the engineer of record for compliance with approved plans. Any deficient
work shall be repaired or replaced prior to approval of the sewer system being granted.
4.9 The City shall not be liable for any time-value money issues based on unplanned delays in the
completion of the sewer project.
CASE NO. SUB-114F(1)-04, WAS HEARD By THE MAYOR AND C|TY COUNCIL AT A PUBLIC
MEETING HELD, MARCH 20,2006,
THE ORDER OF DECISION WAS APPROVED BY CITY COUNCIL MEMBERS, AND SIGNED BY CITY
COUNCIL PRESIDENT BLACKER, AT A REGULARLY SCHEDULED MEETING HELD MARCH 20,2006
\
J \ATTEST:
President Blacker
oSCAt Monica
Page 3 of 3
Public Hearing of March 20, 2006
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