HomeMy WebLinkAboutStaff - Planning & ZoningST AFF-Planning&Zoning
SUBMITTED BYDATEITEM
SP-l Hearing Notification Chec
SP-2 Annexation Ordinance
SP-3 Mailing List & Annexation Memo
,/SP-4 Memo to Public Agencies
SP-5 Mailing List & Annexation Verified
SP-6 Notice to Publish
SP-7 Mailing Notice
SP-8 Affidavit of Publication
SP-9 Posting of Site
SP-IO Staff Report
SP-11 DeveloPm
/'
entirdreem ent
sP-12
STAFF - City Council
(-4q(-@SC-1 Hearing Notification Checklist
\- A.OgSC-z Notice to Publish
l.)il(ftSC-3 Mailing Notice
l-fl-otrSC-4 Memo to Public Agencies
,1 -3- 0dSC-s Affidavit of Publication
^)
(nSC-6 Posting of Site
Q-tsorff Dacf-7
lfrd(ASC-8 Development Agreement
l,OdJ \,D!
\/
se1
e#\
ltldlj
lU firl
I'rN\5
I
To:
From:
Subject
Date:
.a
BEFORE THE MAYOR AND CITY COUNGIL
CITY OF CALDWELL, IDAHO
FEBRUARY 19, 2OO8
Mayor Nancolas and CitY Council
Anne Marie Skinner, Senior Planner
Staff Report - Case No. SUB-{14E 04 (Windsor Creek time extension)
February 8, 2008
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
REQUEST FOR TIME EXTENSION OF THE PRELIMINARY PLAT OF WINDSOR CREEKa
SUBDIVISION.
TABLE OF CONTENTS:
1.1
1.2
2.1
2.2
COURSE OF PROCEEDINGS
GENERAL FACTS
TESTIMONY
FIND!NGS OF FACT
CONCLUSIONS OF LAW
CITY COUNCIL ORDER OF DECISION
t.
lt.
ilt.
!v.
V.
vt.
COURSE OF PROCEEDINGS
The Caldwell planning and Zoning Department issued a notice of Public Hearing on
apptication SUB-1 14E-b4to be held befoiethe Caldwell City Council on February 19,2008.
irUli" notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were
met. On Februaiy 3, 2OO8 notice was published in the ldaho Press Tribune'
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'
GENERAL FACTS
oWNER/APPLICANT: Windsor creek Development LLC, 701 S. Allen St., ste' 103,
Meridian, lD 83642.
ENGINEER: Rita Earl, Mason and Stanfield, 314 Badiola st., caldwell, lD 83605.
REQUEST: The owner/applicant is seeking a one-year time extension on an approved
pr"{'-...'rry plat for Windsoi Creek Subdivision to complete the build-out of the residential lots
in said approved preliminary plat. The request would allow the owner/applicant until March 28'
1n4) tn nnmnlcte all romaininn nhases of Windsor Creek Subditlision.z-v i L iv uvi a aPivrv qrr I vr. rs,. .,' ,:,
Case No. SUB-l l4E-04 (Windsor Creek time extension)
City Council Staff Report
Page I of3
,.-5u-?
oo
2.3 BACKGROUND: Windsor Creek Subdivision was approved as a Planned Unit Development
for 594 residential lots on 159.09 acres. The subject property was annexed and zon ed as R-1
Single Family Residential on March 28,2005.
Windsor Creek Subdivision #1 final plat was recorded April 2006. lt consisted of 22.74 acres
with 84 residential lots.
2.4
Windsor Creek Subdivision #2 final plat was recorded November 2006. lt consisted of 29.23
acres with 120 residential lots.
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. Windsor
Creek Subdivision, however, was annexed into the City of Caldwell with a development
agreement as a condition of annexation approval. The development agreement states the
following:
Eight (S) phases - 24 months for the first phase and the remaining seven phases to be
cdmpteted within the six (6) years from date of Anndxation/PUD/Preliminary Plat approval by
City Council.
Therefore, Windsor Creek Subdivision #1 needed to be recorded by ltlarch 28,2007 which it
was. The remaining seven (7) phases all need to be recorded by March 28,2011 as per the
conditions of the recorded development agreement. No timeframe was stipulated for
recordation of the remaining seven (7) phases other than they all need to be completed by
ftflarch 28,2011.
LOCATION: The subject property is located at the southeast corner of the intersection of
Homedale Road and Lake Avenue.
2,5 LEGAL RIPTION:A legal description was submitted with the underlying application and
was incorporated into the original preliminary plat file for reference purposes.
2.6 COMPREHENSIVE PLAN DESIGNATION: The Comprehensive Plan Map designation for this
site is Low Density Residential.
2.7
2.7.1
COMPREHENSIVE PLAN PONENTS AP ICABLE TO THE R EQUEST:
Propertv Riqhts: The five checklist criteria set forth by the Attorney General in the "ldaho
Regulatory Taktngs 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
Doeslhe 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
1.
2.
3.
4.
5.
2.7.2 School Facilities and Transportation: N/A
Case No. SUB-l l4E-04 (Windsor Creek time extension)
City Council Staff Report
Page 2 of3
o o
2.7.3 Land Use: The subject property is partially developed as Windsor Creek #1 and Windsor
Creek #2. The property to the east is undeveloped ground zoned R-1 Single Family
Residential. The property southeast is Dakota Crossing #3 and the property southwest is
undeveloped ground zoned R-1 Single Family Residential. West and north of the subject
property are rural residential homesites within Canyon County.
III TESTIMONY BEFORE THE CITY COUNCIL, FEBRUARY 19, 2OO8
3.1 Reserved for City Council.
6.2 The final plats for Windsor Creek Subdivision No. 3 and No. 4 shall be recorded no later than
March 28,2010.
6.3 The final plats for Windsor Creek Subdivision No. 5 and No. 6 shall be recorded no later than
March 28,2011.
6.4 The final plats for Windsor Creek Subdivision No. 7 and No. 8 shall be recorded no later than
March 28,2012.
6.6 No further time extensions for any phases shall be allowed
6.7 No additional phases other than the previously-approved eight (8) phases shall be allowed
6.8 All requirements placed at the underlying hearing through the Order of Decision and the
Development Agreement shall be met.
Case No. SUB-ll4E-04 (Windsor Creek time extension)
City Council Staff Report
Page 3 of3
e
156.00
156.00
0.00
156.00
0.00
o
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO
County of Canyon
Melissa Valencia
of Nampa, Canyon County,Idaho, being
first duly sworn, deposes and says:
1. That I am a c\tizen 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 Cify 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 frst
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 1 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:
02t0312008
STATE OF rDAHO )
in the of
before me, a N,otary
Melissa Valencia,
known or identified to me to be the person
whose name is subscribed to the within
instrument, and being by me first duly sworn,
dec that the therein are true, and
to me t executed the same
at Nampa
SS
)
)
)
CR
l{indsor Creek Dev, LLC
Total
Cash
Check 750
Change
01/31/2008 9:33 At'l
Receipt# 0256951
CITRIXS 131
Thank Youl
'lXlTffi
Case Number
request by HST
and Mason and
year extension of the'preliminary
)Lo
n Park Subdivision.
nber SUB-114E-04- a
Windsor Creek Devel-
) and Mason and Stan-
le-vear extension of the
plai for Windsor Creek
and exhibits relative to
are on file at the Cald-g and Zoning Depart-rd at 621 Cleveland
are available for review
rours of 8:00 a.m.'to
through Friday.
A
to the meet-
lr
085',11222
L ?.0llB
N
My ex pires April 19,2ooB
)/-I --:'{v
City of Caldwell
411 Blaine Avenue
Cal dwel I , ID 83605
208-455-3000
2008
',, L, 'l County
On the
f., ..i: -
i, ' ' r,''r,,"r,.'
t
t
\ '--*-::*.
o
MEMO
Date: January 30, 2OOg
RE:
Anne Marie Skinner, Senior planner
Caldwell P &Z Department
New Final Plat Application
Brad Standley, Engineering Department
TJ Frans, Engineering Department
o
To:
From:
Attached is the following finat plat for your review:
case Number suB-l14E-o4- a request by windsor creekDevelopment, LLC and Mason and Stanfield for a one-year extension ofthe preliminary plat for windsor creek subdivision.
You are welcome to review the attached application and provide writteninput. I request that you e-mail or fax your comments to this office assoon as possible but no later than Monday, February 11, 2oog.
E-mail:
FAX: 4SS-3OSO
If you have any questions, you can contact me at 4s5-4662.
sA
'{..
I
of
b
Blvd.dan52
58360DCaldwell'5045*30fax5-30245
To:
Farc,t
Frorn:
Fages:
tlate:.og
Phone:
Re:
CC:
D Please Domment D Ptease RePIY E Ptease RecYcte
D tlrgent @ For Review
e Cornrrlents:
Thanks
l.,t0&t nohc'o'
Vrl.i- \q'0tr
$r *he-
{o bC, A
ON
on L'bDr'
w ?
M"\
h OO
NOTICE lS HEREBY GIVEN that the caldwell city council will conduct a public
hearing on Tuesday, ieUruary 19, 2OOB at 7:00 p.m. in the Community Room of
the Caldwell Police'bepartment, 1.t0 S. sth Avenue, Caldwell, ldaho in order to
hear the following:
case Number suB-186P -07- a request by 20t26 Property Partners LLC & Elk
Mountain Engineering for Preliminary etat approval of White Pine Station
Subdivision consistinf, of 340 Residentiat lots and 18 common lots in an R-1
Singte Family Resideitialzone. The site is located at 19465 Midland Blvd.
Case Number SUB-{26E-05- a request by HST Development L-LC and Mason
and Stanfield for a one-year extension of tng preliminary plat for Aspen Park
Subdivision.
Case Number SUB-1 14E-04- a request by \Mndsor Creek Development' LLC
and Mason and Stanfietd lor a one-year extension of the preliminary plat for
\Mndsor Creek Subdivision-
Case files and exhibits relative to this request are on file at the Cbldwell Planning
and Zoning Department locate d at 621 bleveland Blvd. Files are available for
review during the hours of 8:00 a.m. to 5:00 p.m. Monday througlr Friday' For
any further information, please call 455'302L A person who is visually ancUor
nelring impaired, or needs an interpreter should contact the City 24 hours prior
to the meeting.
Publish: Sunday, February 3, 2008
oO
PUBL IC HEARING NOTIFICATION CHECKLIST
,),!i Gity GouncilP&Z
Case Num
Hearing a- \t-c&
Publish
Mailing
Caldwell School District
Pioneer Irrigation District
Riverside Irrigation District
Canyon Hill Irrigation District
Black CanYon Irrigation District
Golden Gate Irrigation District
rll
o()Caldwell TransPodation
Bus
( ) CanYon HighwaY District #4
()HiCI #t
()Ith
()Ida Tra Deoa ent
()Power
()rntain
Mailing List and Annexation Memo:
Address List
a-3-o&Public AgencY
Docket
.[l-30-0&
Case Na
If site is in vicinitY of water bodY:
( ) Bureau of Reclamation
( ) CoiPs. Of Engineers
i ) DePartment of Water Resources
( ) Idaho Fish & Game
If site is in vicinity of Boise River:
( ) Bureau of Land Management
If site is a gravel Pit:
( ) DePartment of Lands
o Other
a-rl-w
P
o()
ooooo()
Number of Mai Annexatioi-r: YES__N lr\IITJ
.6u- \
(')Board
Cas
r)Mans-