HomeMy WebLinkAboutCCOD ANN22-000006 Mandalay Ranch pathwayOrder of Decision by the Caldwell City Council
City of Caldwell, Idaho
Public Hearing Held July 21, 2022
Subject: Case No. ANN22-000006
Parcel: R34089010C, R34090010, R34089010B
The following land use action is the primary feature of this application:
Annexation of approximately 1.74 acres inclusive of three strips of land, parcels R34089010C (0.59 ac) and R34090010 (1.08 ac) R34089010B (0.07 ac) R-1 (Low Density Residential) zoning
designation.
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II GENERAL FACTS
III TESTIMONY
IV APPLICABLE LEGAL STANDARDS
V COMPREHENSIVE PLAN ANALYSIS
VI FINDINGS OF FACT - ANNEXATION
VII CONCLUSIONS OF LAW - ANNEXATION
VIII RECOMMENDATION – ANNEXATION
IX ORDER OF DECISION- ANNEXATION
(reserved for City Council)
X CONDITIONS OF APPROVAL
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application ANN22-000006 (Mandalay Ranch pathway) to be held before the Caldwell City Council on
July 21, 2022. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On, or before, July 3, 2022, notice was published in the Idaho Press
Tribune, and on or before, July 1, notice was mailed to all political subdivisions providing services to the site and to all property owners within 300 feet of the project site; and
on, or before, July 7, 2022 notice was posted on the site.
1.2 Files and exhibits relative to this application are available for review in the Planning and Zoning Department, 621 Cleveland Boulevard, Caldwell and at applicable public hearings.
II GENERAL FACTS
2.1 APPLICANT/DEVELOPERS: Kimley Horn, Jay Walker, 849 E. State Street, Ste 104/103, Eagle, ID 83616
2.2 PROPERTY OWNER: AG Essential Housing Multi State 2, LLC, 8585 E Hartford Dr., Ste 118, Scottsdale, AZ 85255
2.3 REQUEST: Case Number ANN22-000006: A request for annexation of approximately 1.74 acres inclusive of three strips of land, parcels R34089010C (0.59 ac) and R34090010 (1.08 ac)
R34089010B (0.07 ac) lying adjacent to Mandalay Ranch No. 1 and the Mason Creek Drain with a
zoning designation of “R1” (Low Density Residential). The applicant is required to extend and complete the major pathway and landscaping from the current west termination point to Middleton
Road. The subject properties are located approximately 480 feet north of the intersection of Middleton and Hwy 20/26 on the west side of Middleton Road.
2.4 SITE REVIEW:
The subject properties lie between Mandalay Ranch Subdivision Phase 1 and the Mason Creek Drain, a Bureau of Reclamation facility. The property is nearly wholly encumbered
by the drain easement. The developer was required to annex and build out the major pathway to Middleton Road along this drainage by condition of approval within Time Extension request
TE21-000002.
The property changed ownership and the current developer, Lennar Homes, is bringing the property into compliance with the requirements of the time extension albeit not as timely as
indicated in the case file TE21-000002.
Staff has received an email and letter from the Bureau of Reclamation (BOR) denying the application for Pathway Encroachment into the Mason Creek Drain (Exhibit PA1 attached hereto).
The BOR indicates that the topography and meandering bank that they require the use of the full easement for operation and maintenance purposes. The drain is quite deep with steep
slopes and portions of the easement that are not possible with equipment should a pathway and landscaping be installed. The current portion of the pathway encroached into the easement
further than provided for by the BOR. The developer has provided for micro-pathways connecting to the street sidewalks internal to the development.
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2.5 COMPREHENSIVE PLAN DESIGNATION:
The 2040 Caldwell Comprehensive Plan Map designation for the site is Environmentally Sensitive adjacent to Low Density Residential. The applicant is requesting a zoning designation
of Low Density Residential for the 1.74 acres. The City of Caldwell zoning ordinance currently does not have a designated zone for “Environmentally Sensitive”. The property is located
primarily within the easement for the Mason Creek Drain and provides for access to the irrigation pump station and storm drainage pond as well as the BOR operations and maintenance.
The property would not eligible for residential construction.
2.6 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
Land Use: The subject property is currently in unincorporated Canyon County and is surrounded by the following uses:
Direction Zone Comprehensive Map Use
Site County Environmentally Sensitive Mason Creek Drain and easement
North R1 Low Density Residential Mandalay Ranch Subdivision
South County Highway Corridor Vacant Ag Land-redeveloping
East County Highway Corridor Gas Station & Convenience Store and Agricultural
West R1 Low Density Residential Residential development
Transportation/Connectivity: Parcel R34089010B has frontage on Middleton Road and is currently prescriptive right-of-way. The development shall comply with City of Caldwell Engineering
and Canyon Highway District requirements.
Public Services, Utilities and Facilities: The engineering department, mapping department, fire marshal, building department, police department, Vallivue School District, Pioneer Irrigation
District, COMPASS, Brown Bus Company, and Canyon Highway District #4 were all sent requests for comment.
2.7 Landscaping & Pathways: As per Section 10-07-02(2) of City Code, landscaping should be required for this project. The applicant should be required to comply with §10-07-08 Street
Landscape Buffers. Additionally, the applicant should be required to landscape the internal pathways, storm drainage areas and common areas however the BOR has requested that there
be no landscaping in the Mason Creek Drain easement at this location (Exhibit PA1).
2.8 City of Caldwell Engineering Comments: (Exhibit PA-2 dated June 9, 2022 )
To: Emma Hill, Associate Planner
Alex Jones, Planner Technician
Caldwell P & Z Department
From: TJ Frans, Project Manager
Steven Pendleton, Plans Examiner II
Re: ANN22-000006 Mandalay Ranch Pathway Annexation
Date: June 9, 2022
The Engineering Department provides the following comments on A request for annexation of approximately 1.74 acres inclusive of three strips of land, parcels R34089010C (0.59 ac) and
R34090010 (1.08 ac) R34089010B (0.07 ac) lying adjacent to Mandalay Ranch No. 1 and the Mason Creek Drain with a zoning designation of “R1” (Low Density Residential). The applicant
is required to extend and complete the major pathway and landscaping from the current west
termination point to Middleton Road. The subject properties are located approximately
480 feet north of the intersection of Middleton and Hwy 20/26 on the west side of
Middleton Road.
Development Plans
1. Development Plans – Prior to commencing construction and applying for building permits, plans must be prepared by the developer’s engineer and approved by the City Engineering Department.
General
1. Applicant shall follow the requirements and processes of the subdivision ordinance for the development of this project. For the purposes of this project, all conditions outlined in
the subdivision ordinance pertaining to receiving the City Engineers signature on, or the recordation of, a final plat shall be applied to the submission of building permits.
2. Appropriate easements for emergency access, transmission lines and/or other utilities shall be clearly indicated, with recorded instrument numbers provided for said easements, on
the construction drawings.
3. All utilities on and within the boundaries of the subdivision shall be located and/or relocated underground.
4. Construction of facilities to be dedicated and/or within public right-of-way shall be performed by an appropriately licensed public works contractor and shall be inspected by and
constructed to City of Caldwell specifications.
5. Prior to commencement of construction in any dedicated right-of-way, or construction of any improvement intended for dedication to the City or connected to a City facility, the City
Engineering staff is to be notified. This preferably will take place in a pre-construction conference scheduled by the engineer of record in which all appropriate personnel and utilities
are present. Appropriate City personnel are to be notified in advance of all testing (including compaction, pressure and coliform, etc.) and given opportunity to be present during
conduct of the testing. The engineer of record or his designated representative is to witness all tests (not covered by City inspectors) and a log of inspection visits and testing
results is to be kept by the engineer of record or his representative.
6. The developer is to employ a responsible design professional, preferably the engineer of record, to oversee and inspect construction, to perform and/or observe all requisite testing
of completed facilities, and to certify that improvements have been constructed according to approved plans and in compliance with applicable City, State, and Federal standards.
7. The engineer of record shall be held responsible to ensure that subdivision improvements are in compliance with said engineer’s design. Following the construction of the subdivision
improvements, the developers engineer shall provide the City of Caldwell Engineering Department with electronic (.dwg) format record drawings spatially referenced to the Idaho State
Plane Coordinate System-West Zone, North America Datum (NAD) 83. Vertical control shall be referenced to the North America Datum (NAVD) 88 for future reference and to establish that
the engineer of record has caused construction to occur in substantial compliance with the design of said engineer of record.
8. Any note, item or drawing element on the plats, construction drawings, engineering drawings and/or design drawings related to the property inconsistent with City Codes, Policies and/or
Ordinances shall not be construed as approved unless specifically addressed and granted by City Council.
Floodway
1. No pathway, grading, landscaping, or surface improvements shall take place within the Mason Creek Floodway.
2. Continuation of pathway from 11199 Red Mountain Street parcel (R3408911300) or from parcel (R3408910100) where the storm pond is located to Middleton Road would be acceptable. Pathway
must remain outside floodway, hugging the property lines of 11123 Red Mountain St. parcel (R3408910900) and 11109 Red Mountain Street parcel (R3408910800). Modification of existing
alignment will need to be provided and approved during plan review.
3. All Mason Creek floodway easements shall be clearly shown on all construction documents submitted for review and approval.
Building Permits
1. Prior to submission of building permits, public utilities and infrastructure must be completed or an appropriate construction security provided. A 50% temporary restriction in the
issuance of building permits will be enforced until all utility construction has been completed, inspected, tested, approved by the City and certified by the Applicants engineer; including
completion all punch list items.
2. Applicant shall submit an electronic (dwg.) copy of the project site plan suitable for mapping and addressing purposes no later than 30 days prior to submission of the first building
permit.
III PUBLIC TESTIMONY
3.1 Before the Planning and Zoning Commission June 14, 2022:
(ACTION ITEM: CASE NUMBER ANN22-000006: A REQUEST FOR ANNEXATION OF APPROXIMATELY 1.74 ACRES INCLUSIVE OF THREE STRIPS OF LAND, PARCELS R34089010C [0.59 AC] AND R34090010 [1.08 AC]
R34089010B [0.07 AC] LYING ADJACENT TO MANDALAY RANCH NO. 1 AND THE MASON CREEK DRAIN WITH A ZONING DESIGNATION OF “R1” [LOW DENSITY RESIDENTIAL]. THE APPLICANT IS REQUIRED TO EXTEND
AND COMPLETE THE MAJOR PATHWAY AND LANDSCAPING FROM THE CURRENT WEST TERMINATION POINT TO MIDDLETON ROAD. THE SUBJECT PROPERTIES ARE LOCATED APPROXIMATELY 480 FEET NORTH OF THE INTERSECTION
OF MIDDLETON AND HWY 20/26 ON THE WEST SIDE OF MIDDLETON ROAD)
Emma Hill (Associate Planner) at 620 Cleveland Blvd, Caldwell, provided the staff report. The applicant is asking for the consideration for annexation of 1.74 acres across three parcels
on the back of Mandalay pathway. When the original plan was approved, this pathway was proposed to be adjacent to the creek within the creek easement. The Bureau of Reclamation (BOR)
denied the application for the pathway due to its encroachment into the Mason Creek Drain. The BOR was concerned for future pathway easements and trying to ensure that the pathways
are not in the creek easement. The property is under new ownership and the current owner wanted to ensure that the development is in compliance with the condition of approval, as stated
in the time extension in 2021. This application for annexation is compliant with current zoning standards and the comprehensive plan. Staff recommends its approval.
Commissioner Boutros noted that there appeared to have been three small parcels that were created to accommodate this need. He asked for clarification of the plan and previous conditions.
Ms. Hill responded that the previous pathway would have been located in the creek easement. The Bureau of Reclamation denied that pathway plan. She confirmed that the additional 20
feet of property would be used for a pathway.
Commissioner Bourtos commented that the distance from the center line north of the drain is 35 feet, and the width of that new property 55 feet. Ms. Hill noted that she was not aware
of ownership of the 20-foot section of property.
Jay Walker, Applicant of Kimley Horn at 849 E. State Street, Ste. 104/103m Eagle spoke in favor of the application. He explained that they are asking for approval of the annexation
of 1.74 acres with R-1 (low density zoning designation).
He provided a PowerPoint presentation, which Commissioner Hunsicker labeled as PZ-1000.
Mr. Walker noted that within a prior preliminary plat extension condition (approved by City Council), the developer was asked to construct the Mason Creek Drain Pathway from the east
boundary within the Mandalay Ranch Phase I. The three subject parcels were owned by Caldwell Ninety-Four, LLC. He noted the current owner is AG Essential Housing Multi State 2, LLC.
He outlined the conditions of approval within the staff report and development agreement for the completion of the regional pathway. He reported that the developer concurs with the
Conditions of Approval. Improvements would made outside of the floodway and easement for Mason Creek Drain. No building permits would be issued.
Mr. Walker continued by noting the BOR has an easement on the eastside of Mason Drain of 35-feet and 85-feet on the south and west side. All the improvements (eight-foot (8 ft.) pathway
and five-foot (5 ft.) landscape buffer will be located outside of the easement, not encumbering the maintenance and operations of the waterway. Improvements may be made in the floodplain
area as the existing elevation is maintained or submit an elevation certificate to be review by the Engineering Department.
Mr. Walker concluded that the owners are interested in donating an additional adjacent property for potential pathway development by the City of Caldwell.
In response to questions from Commissioner Hunsicker, Mr. Walker reported that the pathway would be owned by the home owners association for maintenance purpose.
In response to questions from Commissioner Byrne, Mr. Walker reported that the homes on the southern boundary contain a rod iron fence. Along the pathway there is an un-manicured vegetation
buffer (brush & trees), which lines the Mason Creek Drain.
Rod Grubb, 11170 Red Mountain Street, signed in favor of the application but did not provide public testimony.
MOVED by Harman, SECONDED by Bryne to close the public testimony portion of the hearing.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS:
MOVED by Harman, SECONDED by Boutros to accept the Comprehensive Plan Analysis as listed in 5.1 and 5.2.
MOTION CARRIED
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
MOVED by Harman, SECONDED by Boutros to accept the Findings of Facts and Conclusions of Law.
MOTION CARRIED
RECOMMENDATION:
MOVED by Harman, SECONDED by Boutros based on the finding of fact and the conclusion of law the Caldwell Planning and Zoning Commission recommends to the Mayor and City Council that
case # ANN22-000006 request the annex approximately 1.74 acres inclusive of three strips of land parcels R34089010C, R34090010 and R34089010B, lying adjacent to Mandalay Ranch #1 and
Mason Creek Drain with the zoning designation of R1 (Low Density Residential) in Caldwell be approved with the conditions of approval in section 10.2-10.5
Roll call vote: Those voting yes: Boutros, Byrne, Harman, and Hunsicker. Those voting no: none. Absent and/or not voting: none.
3.2 Before the Caldwell City Council
Jerome Mapp, Planning & Zoning Director at 621 Cleveland Boulevard, outlined the contents of the staff report.
Jay Walker, Applicant at 849 E. State Street, spoke in favor of the request. He noted when the original annexation request was presented in 2004 with a pathway adjacent to the creek
within the easement. The Bureau of Reclamation denied the application for the pathway due to its encroachment into the Mason Creek Drain.
This annexation request tonight is a clean-up effort. The annexation request includes the eight-foot pathway with a setback to allow the Bureau of Reclamation access for maintenance
issues. The pathway will extend along Middleton Road. The request includes a zoning designation of R-1 (Single-family Residential)
In response to questions from Councilor Allgood, Mr. Walker confirmed that the request is only for a pathway with no structures being placed at the site. He noted that they would agree
to a NO BUILD easement, if necessary,
MOVED by Stadick, SECONDED by Register to close the public testimony portion of the hearing.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ANN22-0000006:
MOVED by Allgood, SECONDED by McGee the Caldwell City Council accepts the Comprehensive Analysis, Findings of Fact, and Conclusions of law listed herein and based on the Findings of
Fact and Conclusions of Law, the Mayor and City Council hereby order that ANN22-000006 a request for Annexation of the Mandalay Pathway, consisting of 1.74 acres (more or less) and
three (3) land parcels R34089010C, R34090010, and R34089010B in an R-1 (Low Density Residential) zone classification Caldwell, Idaho is approved with the conditions listed in Section
10 of the staff report with no residential building construction allowed on the subject parcels.
Roll call vote. Those voting yes: Allgood, Williams, Register, Stadick, and McGee. Those voting no: none. Absent and/or not voting: Doty.
MOTION CARRIED
MOVED by Stadick, SECONDED by Williams to close the public hearing.
MOTION CARRIED
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell Zoning Ordinance No. 1451, as amended
City of Caldwell Comprehensive Plan, as amended
Idaho Code, Title 67, Chapter 65, Local Planning Act
V COMPREHENSIVE PLAN ANALYSIS – ANNEXATION
The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan Components as listed below.
5.1 The request was found to be consistent with the following Comprehensive Plan Components:
GOALS AND POLICIES – Property Rights
Goal 1: Ensure that land use policies, restrictions, conditions and fees do not violate private property rights, adversely impact property values or create unnecessary technical limitations
on the use of the property.
Policy 1-1: Establish a sound basis for land use and environmental regulations through comprehensive planning and adopted policies and ordinances.
5.2 The request was not found to be inconsistent with any Comprehensive Plan Components.
VI FINDINGS OF FACT - ANNEXATION
6.1 The Caldwell Planning and Zoning Commission accepts the facts outlined in the staff report, public testimony and the evidence list. All adopted city ordinances, standards and codes
were used in evaluating the application.
VII CONCLUSIONS OF LAW - ANNEXATION
7.1 The Caldwell Planning and Zoning Commission has the authority to hear this case and recommend to the Caldwell City Council that it be approved or denied. The public notice requirements
were met, the hearing was legally noticed and posted and the hearing was held and conducted under the requirements of Idaho Code and City ordinances.
VIII RECOMMENDATION - ANNEXATION
8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning Commission hereby recommends to the Mayor and City Council that Case Number ANN22-000006 a
request to annex approximately 1.74 acres inclusive of three strips of land, parcels R34089010C (0.59 ac) and R34090010 (1.08 ac) R34089010B (0.07 ac) lying adjacent to Mandalay Ranch
No. 1 and the Mason Creek Drain with a zoning designation of “R1” (Low Density Residential) in Caldwell, Idaho, be approved with the conditions of approval in section 10:
IX ORDER OF DECISION: ANNEXATION Case No. ANN22-000006
9.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby recommends that Case Number ANN22-000006 000006 a request for Annexation of the Mandalay Pathway,
consisting of 1.74 acres (more or less) and three (3) land parcels R34089010C, R34090010, and R34089010B in an R-1 (Low Density Residential) zone classification Caldwell, Idaho is approved,
be approved with the conditions of approval in section 10 with no residential building construction allowed on the subject parcels
X CONDITIONS OF APPROVAL:
10.1 Development of the subject property shall be consistent with all requirements, codes, rules, and regulations of the City of Caldwell unless specifically stated otherwise in the
development agreement.
10.2 A Development Agreement, as prepared by the planning and zoning department, shall be approved by City Council in conjunction with the Annexation.
10.3 The Developer shall comply with the requirements of the City of Caldwell Engineering Department requirements (Exhibit PA-2 attached hereto).
10.4 The developer shall maintain the property consistent with the City Code Chapter 7 Article 11 Nuisance Abatement; Appearance of Property requirements inclusive of weed maintenance,
debris/refuse, etc.
10.5 No residential building construction allowed on the subject parcels
CASE NO. ANN22-000006 FOR MANDALAY RANCH PATHWAY WAS HEARD BY THE CITY COUNCIL AT A PUBLIC HEARING HELD JULY 21, 2022.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DECISION WERE APPROVED BY CITY COUNCIL MEMBERS AND SIGNED BY THE MAYOR AT A REGULARLY SCHEDULED MEETING HELD OCTOBER 20 , 2022.
ATTEST:
_______________________________
JAROM WAGONER, MAYOR
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City Clerk
EXHIBIT “PA 1”
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EXHIBIT PA-4
AERIAL WITH PARCEL NOS.
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Exhibit “A10”
Annexation Area Surveys and Metes and Bounds Descriptions
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Exhibit “A3”
Exhibit “A2”
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EXHIBIT “A8”
Proposed Pathway and Landscape Plan
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Exhibit “PA 2”
Engineering Memorandum
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