HomeMy WebLinkAboutCanyon VIllage Lofts_DADEVELOPMENT AGREEMENT (CANYON VILLAGE LOFTS ANNEXATION/REZONE/COMPREHENSIVE PLAN AMENDMENT/SPECIAL USE PERMIT) PAGE 1
December 20, 2022 Canyon Village Lofts Development Agreement (ANN22-000020 / ZON22-000010 / CPM22-000008 / SUP22-000025) Parcel(s): R309060100 & R3090101000 Recording requested by: City of Caldwell Community Development P.O. Box 1177 Caldwell, Idaho 83605 For Recording Purposes, Do Not Write Above This Line DEVELOPMENT AGREEMENT
Canyon Village Lofts Annexation/Rezone/Comprehensive Plan Amendment/Special Use Permit This Development Agreement is made and entered into this _____ day of January, 2023, by and between the CITY OF CALDWELL, an Idaho municipal corporation of 411 Blaine Street, Caldwell, Idaho 83605 (“City” or “Caldwell”), and Canyon Village Townhomes, LLC. (“Owner”). WHEREAS, Owner is the owner of record of certain real property (the “subject property”) located in the City’s area of impact and contiguous to the City, more particularly described as follows:
See Exhibit “A”, a legal description, attached hereto and incorporated herein by this reference. WHEREAS, the Subject Property (R30901010) is the subject of an Application for Annexation submitted by Owner/Developer, identified as Application Number ANN22-000020, which is made in conjunction with an application to modify the Comprehensive Plan land use map, CPM22-000008, a request to rezone parcel R309060100, ZON22-000010, and for a Special Use Permit, SUP22-000025; and WHEREAS, the Subject Property is currently zoned by Canyon County as Agricultural; and WHEREAS, Owner/Developer seeks to zone the property to the City of Caldwell’s R-3 (High Density Residential) Zoning Classifications; and WHEREAS, it is the intent of this Development Agreement to protect the rights of Owner’s use and enjoyment of the Property, while at the same time limiting any adverse impacts resulting from the zoning of this property upon neighboring properties and the community, and ensuring that any future development of the property is in a manner consistent with Caldwell’s Comprehensive Plan and City Code; and WHEREAS, Caldwell and Owner/Developer desire to set forth herein limitations and/or conditions upon the use and future development of the Property; and
DEVELOPMENT AGREEMENT (CANYON VILLAGE LOFTS ANNEXATION/REZONE/COMPREHENSIVE PLAN AMENDMENT/SPECIAL USE PERMIT) PAGE 2
WHEREAS, the annexation and zoning designation requested by Owner/Developer with respect to the Subject Property, if granted by the City, will only be granted upon execution of this Development Agreement; and WHEREAS, the City has the authority pursuant to Section 67-6511A of Idaho Code to conditionally apply an initial zoning designation to the Property and to enter into this Agreement for the purpose of agreement, the proposed development to proceed; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, Owner/Developer and Caldwell agree as follows:
ARTICLE I
LEGAL AUTHORITY Caldwell has adopted an ordinance to annex and designate zoning for the Subject Property, subject to the terms and conditions of this Development Agreement. This Development Agreement shall be signed to meet the conditions of approval for annexation and rezone requirements as approved in the order of decision signed ___ day of January, 2023. The ordinance will become effective after its passage, approval, and publication.
ARTICLE II CONDITIONS OF THE ANNEXATION AND DEVELOPMENT The Subject Property shall be utilized in the fashion and according to the terms set forth in the development application ANN22-000020, CPM22-000008, ZON22-000010, and SUP22-000025, to include the following conditions: 1.Development of the subject property shall be consistent with all requirements, codes, policies, standards, and regulations of the City of Caldwell, unless specifically stated otherwise in the development agreement or in the Order of Decision.2.An annexation/development agreement, as prepared by the Planning and Zoning Department, shall be approved by City Council in conjunction with the annexation and development. It will include conditions of approval for cases ANN22-000020, ZON22-000010, CPM22-000008, and SUP22-000025.3.The development, design, and construction of the Canyon Village Lofts shall be in substantial compliance with the submitted site plan (See Exhibit A attached hereto) of Case File SUP22-000025 or as amended to reflect requirements by City Engineering Department (PA-1 attached hereto as amended). Any substantial deviations, as determined by the Planning & Zoning Director, from said Case File Exhibit, shall require City Council approval, through a public hearing.4.Comply with the requirements of all applicable agencies, including but not limited to Pioneer Irrigation District, City of Caldwell Engineering Department, City of Caldwell Fire Department, and Canyon Highway District No. 4.5.Comply with the requirements of the City Engineering Department as listed in Case File ANN22-000020/ZON22-000010/CPM22-000008/SUP22-0000025 Exhibit B
DEVELOPMENT AGREEMENT (CANYON VILLAGE LOFTS ANNEXATION/REZONE/COMPREHENSIVE PLAN AMENDMENT/SPECIAL USE PERMIT) PAGE 3
attached hereto. The City Engineer has the discretion to reduce or eliminate certain requirements stated in Exhibit B that he finds to not be pertinent to the request. 6.All requirements from the Fire Department for access, turnarounds, emergencyaccess, water supply, fire hydrants, etc. shall be met in the development and/orplatting of the subject property. Final approval of the location and number of firehydrants within the development shall be determined by the Fire Marshal and takeplace by phase at the time of submittal of applicable construction drawings for eachphase.7.The development shall utilize cluster mailboxes for delivery of mail. Individualmailboxes shall not be allowed. A cluster mailbox placement plan shall be submittedto the Planning and Zoning department showing coordination with the United StatesPostal Services prior to submitting the construction drawings.8.The applicant shall post and maintain a “Rules and Regulations” sign at the entryways to the residential subdivision until it is fully developed. The signs would be intendedfor subcontractors performing work and should include: 1) no dogs; 2) no loudmusic; 3) no alcohol or drugs; 4) no abusive language; 5) dispose of personal trashand site debris; 6) clean up any mud and/or dirt that is deposited from theconstruction parcel onto streets; 7) installation of a temporary construction fencethat would keep debris from being blown off site by the wind; 8) no burning ofconstruction or other debris on the Property.9.The applicant must meet height requirements based on Caldwell City Code 10-02-03.10.Comply with all landscaping requirements based on Caldwell City Code 10-07 andthe approved landscape plan.11.The applicant must provide a micro-pathway with appropriate landscaping, incompliance with Caldwell City Code 10-07-11.12.The applicant must comply with the multi-family development requirements forexternal lighting in Caldwell City Code 10-14-01.13.Add fencing between any common lot and the Moses Drain for safety precautions.14.Proposed fencing must comply with Caldwell City Code Section 10-02-07.15.Bicycle parking must be provided to comply with Caldwell City Code 10-02-05 (6)Table 7.16.Provide screening of on-site trash enclosures.17.The applicant shall work with the City of Caldwell Planning and Zoning Staff to meetcertain design review standards with consideration of City Council’s commentsregarding building exteriors and accommodate the privacy concerns for neighboring single-family residence by increasing trees within the land use buffer area andprohibit the construction of 2nd-story balconies that face single family residentialproperties.
DEVELOPMENT AGREEMENT (CANYON VILLAGE LOFTS ANNEXATION/REZONE/COMPREHENSIVE PLAN AMENDMENT/SPECIAL USE PERMIT) PAGE 4
ARTICLE III AFFIDAVIT OF PROPERTY OWNERS An affidavit of the owners/developers of the Property agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code Section 67-6511A is incorporated herein by reference. ARTICLE IV DEFAULT 4.1 In the event Owner/Developer fails to comply with the commitments set forth herein, within thirty (30) days of written notice of such failure from Caldwell, Caldwell shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement. 4.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, the prevailing party shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Development Agreement, including attorneys’ fees and court costs as the Court shall determine. ARTICLE V
UNENFORCEABLE PROVISIONS If any term, provision, commitment, or restriction of this Development Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall terminate and the zoning of the property shall revert to the city of Caldwell’s original land designations as set forth in the master plan, unless the portion of this instrument determined to be invalid or unenforceable is re-negotiated in good faith between the applicant (or other appropriate party) and Caldwell as an amendment to the Development processed in accordance with the notice and hearing provisions of Idaho Code Section 67-6509. ARTICLE VI ASSIGNMENT AND TRANSFER 6.1 After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of the Owner/Developer. 6.2 Each commitment and the restriction on the development shall be a burden on the Subject Property, shall be appurtenant to and for the benefit of the Subject Property, adjacent property, and other residential property near the Subject Property, and shall run with the land. 6.3 This Development Agreement shall be binding on the Owner/Developer, and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns. 6.4 Any new or subsequent owner of the Subject Property, or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee’s sale or otherwise), shall be liable for all commitments and other obligations arising under this Agreement with respect to the Subject Property or any portion thereof.
DEVELOPMENT AGREEMENT (CANYON VILLAGE LOFTS ANNEXATION/REZONE/COMPREHENSIVE PLAN AMENDMENT/SPECIAL USE PERMIT) PAGE 5
ARTICLE VII GENERAL MATTERS 7.1 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of the Idaho Code Section 67-6509. 7.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this Development Agreement, masculine, feminine, or neutral gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Canyon County, Idaho. 7.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal deliver, by mailing the same by registered or certified mail, return receipt requested postage repaid, or by Federal Express or other reputable overnight delivery service to the party to whom the notice is directed at the address of such party set forth hereinabove, or such other addresses and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt If by personal delivery, forty-eight (48) hours after deposit in the United States mail, if send by mail pursuant to the foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight delivery service. 7.5 Representation by Counsel. All parties hereto have either: (i) been represented by separate legal counsel; or (ii) have had the opportunity to be so represented. Thus, in all cases, the language herein shall be construed simply and in accordance with its fair meaning and not strictly for or against a party, regardless of which party prepared or caused the preparation of this Development Agreement. 7.6 Authority of Signatory. Each of the persons executing this Development Agreement on behalf of the parties hereto warrant his or her authority to do so and to bind said represented party. 7.7 Effective Date. This Development Agreement shall be effective after delivery to each of the parties hereto of a fully executed original of this Development Agreement.
DEVELOPMENT AGREEMENT (CANYON VILLAGE LOFTS ANNEXATION/REZONE/COMPREHENSIVE PLAN AMENDMENT/SPECIAL USE PERMIT) PAGE 6
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the date and year set forth hereinabove.
“CITY” THE CITY OF CALDWELL ______________________________________ By: JAROM WAGONER, Mayor Attest: _______________________________ DEBBIE GEYER, Caldwell City Clerk
STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On this _____ day of January, 2023, before me the undersigned, a Notary Public in and for said State personally appeared JAROM WAGONER and DEBBIE GEYER, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Caldwell, Idaho, an Idaho municipal corporation, that executed the said instrument, and acknowledged to me that such city executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. __________________________________ NOTARY PUBLIC FOR IDAHO Residence: _________________________ My Commission Expires: _____________ *SEAL
DEVELOPMENT AGREEMENT (CANYON VILLAGE LOFTS ANNEXATION/REZONE/COMPREHENSIVE PLAN AMENDMENT/SPECIAL USE PERMIT) PAGE 7
“OWNER” Canyon Village Townhomes, LLC. _____________________________________________________________ James D. Palermo, Canyon Village Townhomes, LLC.
STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On this ____ day of January, 2023, before me the undersigned, a Notary Public in and for said State personally appeared , known or identified to me to be the owner referenced herein and the person who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. *SEAL __________________________________ NOTARY PUBLIC FOR _____________ Residence: _________________________ My Commission Expires: _____________
DEVELOPMENT AGREEMENT (CANYON VILLAGE LOFTS ANNEXATION/REZONE/COMPREHENSIVE PLAN AMENDMENT/SPECIAL USE PERMIT) PAGE 8
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land situated in Government Lot 7 of Section 6, Township 3 North, Range 2 West, Boise
Meridian, Canyon County, Idaho, being more particularly described as follows:
COMMENCING at the SW Corner of Section 6 from which the S ¼ Corner bears S89°37'53"E, 2613.76
feet; thence N00°24'58"E, 765.90 feet along the west line of said Section 6 and the centerline of Midway
Road to the POINT OF BEGINNING; thence continuing N00°24'58"E, 115.50 feet along said west line and
said centerline; thence S89°35'02"E, 404.30 feet; thence S00°24'58"W, 115.50 feet; thence
N89°35'02"W, 404.30 feet to the POINT OF BEGINNING. Containing 1.072 acres, more or less.
AND
A parcel of land situated in Government Lot 7 of Section 6, Township 3 North, Range 2 West, Boise
Meridian, Canyon County, Idaho, being more particularly described as follows:
COMMENCING at the SW Corner of Section 6, from which the S ¼ Corner bears S89°37'53"E, 2613.76
feet; thence N00°24'58"E, 995.69 feet along the west line of Section 6 and the centerline of Midway
Road; thence S89°37'53"E, 404.30 feet parallel with the south line of said Section 6 to the POINT OF
BEGINNING; thence S00°24'58"W, 995.69 feet parallel with said west line of Section 6 to the south line
of said Section 6 and the centerline of E. Homedale Road; thence S89°37'53"E, 125.05 feet along said
section line and centerline; thence N00°21'32"E, 219.50 feet; thence S89°37'53"E, 210.85 feet; thence
S00°42'39"E, 219.54 feet to said south line of Section 6 and said centerline of E. Homedale Road; thence
S89°37'53"E, 300.00 feet along said section line and centerline to the center line of the Moses Drain
right-of-way; thence N25°05'47"W, 1102.83 feet along said center line; thence N89°37'53"W, 165.00
feet to the POINT OF BEGINNING. Containing 8.128 acres, more or less.
DEVELOPMENT AGREEMENT (CANYON VILLAGE LOFTS ANNEXATION/REZONE/COMPREHENSIVE PLAN AMENDMENT/SPECIAL USE PERMIT) PAGE 9
EXHIBIT B
CONCEPTUAL PLANS AND LANDSCAPE PLAN
E HOMEDALE RDMIDWAY RDBUILDING 1
2-STORY
6 UNITS
BUILDING 2
2-STORY
6 UNITS
BUILD
ING
53-STORY8 UN
ITS
BUILDING 7
3-STORY
4 UNITS BUILD
ING
43-STORY8 UN
ITS
BUILD
ING
63-STORY4 UN
ITS
BUILDING 82-STORY9 UNITSBUILDING 93-STORY8 UNITSBUILDING 10
3-STORY
12 UNITS
BUILDING 11
2-STORY
9 UNITS
BUILDING 132-STORY6 UNITSBUILDING 143-STORY4 UNITSBUILDING 122-STORY8 UNITSBUILDING 3
2-STORY
3 UNITS
R/W R/W
R/W R/W R/W R/W R/W R/W R/W R/W
1
12 7
6
R/W R/W
R/W R/W R/W R/W R/W R/W R/W R/W
1
12 7
6
PERENNIAL LN
SCARLET LN
HYDRANGEA LN
GULLY LN
BASIN LNCLAY LNLEGEND PRELIMINARY SITE PLANC3.10This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance of this document without written authorization by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.Path:Date:User:K:\BOI_CIVIL\093871002 CANYON VILLAGE LOFTS-CALDWELL_ID\CADD\PLAN SHEETS\HC.DWG12/6/2022 11:45 AMCHILES, KELLICANYON VILLAGE LOFTS12/6/2022SHEETDRAWN BY:DESIGNED BY:CHECKED BY:KCPROJECT No.:SCALE:093871002AS SHOWNDATE DESCRIPTION#
SEAL 1100 W Idaho St, Suite 210 | Boise, ID 83702 | Tel. No. (208) 297-2885KCAHFOR REVIEW ONLY
NOT FOR
Kimley-Horn and Associates, Inc.
CONSTRUCTION12/6/202212/6/2022CAUTION: NOTICE TO CONTRACTOR
THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING
UTILITIES AS SHOWN ON THESE PLANS IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES
AND, WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED
ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THE LOCAL UTILITY LOCATION
CENTER AT LEAST 48 HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATIONS OF THE
UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING
UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS.
SITE INFORMATION
U
T
T
NORTH
GENERAL NOTES
TBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTB TB
TB
TBTBTBTBTBTB
TBTBTB
TB
TBTBTBTBT
B
TBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBR/W R/W R/W R/W R/W R/W R/W R/W
1
12 7
6
HOMEDALE RDN MIDWAY RDBUILDING 1
2-STORY
6 UNITS
BUILDING 2
2-STORY
6 UNITS
BUILD
ING
53-STORY8 UN
ITS
BUILDING 7
3-STORY
4 UNITS BUILD
ING
43-STORY8 UN
ITS
BUILD
ING
63-STORY4 UN
ITS
BUILDING 82-STORY9 UNITSBUILDING 93-STORY8 UNITSBUILDING 10
3-STORY
12 UNITS
BUILDING 11
2-STORY
9 UNITS
BUILDING 132-STORY5 UNITSBUILDING 143-STORY4 UNITSBUILDING 122-STORY8 UNITSBUILDING 3
2-STORY
3 UNITS
R/W R/W R/W R/W R/W R/W R/W R/W
1
12 7
6 PRELIMINARY LANDSCAPE PLANL1.00This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance of this document without written authorization by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.Path:Date:User:\\KIMLEY-HORN.COM\MT_PHX2\BOI_CIVIL\093871002 CANYON VILLAGE LOFTS-CALDWELL_ID\CADD\PLAN SHEETS\LS.DWG9/23/2022 12:19 PMCAVA, DANIELCANYON VILLAGE LOFTS9/23/2022SHEETDRAWN BY:DESIGNED BY:CHECKED BY:KCPROJECT No.:SCALE:093871002AS SHOWNDATE DESCRIPTION#
SEAL 1100 W Idaho St, Suite 210 | Boise, ID 83702 | Tel. No. (208) 297-2885KCAHFOR REVIEW ONLY
NOT FOR
Kimley-Horn and Associates, Inc.
CONSTRUCTIONDVCRASASD9/23/20229/23/2022CAUTION: NOTICE TO CONTRACTOR
THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING
UTILITIES AS SHOWN ON THESE PLANS IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES
AND, WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED
ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THE LOCAL UTILITY LOCATION
CENTER AT LEAST 48 HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATIONS OF THE
UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING
UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS.
NORTH
Parameters of Vision Triangle (Intersection): Visions triangles shall be measured from the projected
intersection of the lip of gutter a distance of forty feet (40') along each roadway edge, and connecting
the two (2) points with a straight line. This measuring approach defines the boundaries of a vision
triangle at the intersection of two (2) roads.
Parameters of Vision Triangle (Driveway): The boundaries of a vision triangle at the intersection of a
road with a driveway or alleyway are defined by measuring from the intersection of the roadway and
the edge of the driveway or alleyway twenty feet (20') along the roadway and ten feet (10') along the
driveway or alleyway connecting the two (2) points with a straight line.
-All trees existing in the right of way shall be pruned to a minimum height of ten feet (10') above
the ground or sidewalk surface and fourteen feet (14') above the adjacent roadway surface or
be removed.
*VISION TRIANGLE
All planting areas will be watered with an automatic underground irrigation system. The irrigation
controller will include sensors to monitor and regulate watering during times of rain and freezing
temperatures. Turf areas will be watered with water-efficient matched precipitation rate spray nozzles.
Trees and shrubs will be watered with water-efficient, point-source drip irrigation components.
The maintenance of all landscape areas within the right-of-way is the responsibility of the
property owner.
RIGHT-OF-WAY LANDSCAPE MAINTENANCE
IRRIGATION SYSTEM
PLANTING LEGEND
TREES
SHRUBS, GROUNDCOVERS, GRASSES, & PERENNIALS
BOTANICAL NAME/COMMON NAME SIZE QTY
Berberis thunbergii 'Crimson Pygmy'
Crimson Pygmy Barberry
Cornus sericea
Red Twig Dogwood
Cotoneaster dameri
Bearberry Cotoneaster
Forsythia x intermedia 'Minfor 6'
Show Off Starlet Forsythia
Juniperus horizontalis 'Blue Chip'
Ice Blue Juniper
Perovskia atriplicifolia 'Little Spire'
Spire Russian Sage
Physocarpus monogyunus
Mountain Ninebark
Penninsetum alopecuroides
Dwarf Fountain Grass
Picea abies 'Nidformis'
Bird's Nest Spruce
Pinus Mugo 'Slowmound'
Mugo Pine
R. Frangula 'Columnaris'
Columnar Buckthorn
Rhus aromatica 'Gro-Low'
Gro-Low Sumac
Ribes alpinum 'Green Mound'
Green Mound Alpine Currant
5 GAL.
SHRUBS
ORNAMENTAL GRASSES
Calamagrostis arundinacea 'K.F.'
Karl Foerster Reed Grass
Helictotrichon sempervirens
Blue Oat Grass
Miscanthus sinensis 'Gracillimus'
Maiden Grass
Panicum virgatum
Heavy Metal Switchgrass
Schizahyrium scoparium 'Standing Ovation'
Standing Ovation Little Bluestem
3 GAL.
PERENNIALS
Aquilegia spp.
Columbine Hybrid
Coreopsis spp.
Coreopsis
Echinacea purpurea
Purple Coneflower
Gaillardia x 'Arizona Sun'
Arizona Sun Gallardia
Hemerocallis 'Stella de Oro'
Stella de Oro Daylily
Heuchera sanguina
Coralbells
Lavandula angustifolia 'Hidcote Blue'
Hidcote Blue English Lavender
Leucanthemum spp.
Shasta Daisy
Oenothera spp.
Everning Primrose
Penstemon digitalis 'Husker Red'
Husker Red Penstemon
Phlow subulata
Moss Phlox
Rudbeckia fulgida 'Goldstrum'
Black Eyed Susan
1 GAL.
10,200 SF
SIZE
5 GAL.
5 GAL.
5 GAL.
5 GAL.
5 GAL.
5 GAL.
5 GAL.
5 GAL.
5 GAL.
5 GAL.
5 GAL.
5 GAL.
1 GAL.
1 GAL.
1 GAL.
1 GAL.
1 GAL.
1 GAL.
1 GAL.
1 GAL.
1 GAL.
1 GAL.
1 GAL.
3 GAL.
3 GAL.
3 GAL.
3 GAL.
BOTANICAL NAME/COMMON NAMEEVERGREEN TREES QTY
BOTANICAL NAME/COMMON NAMEDECIDUOUS TREES QTY
Picea pungens 'Glauca'
Colorado Blue Spruce
Pinus nigra
Austrian Pine
Juniperus scopulorum 'Moonglow'
Moon Glow Juniper
9
4
20
Gleditsia triacanthos inermis 'Skycole'
Skyline Honeylocust
Lirodendron tulipera
Tulip Tree
Malus 'Spring Snow'
Spring Snow Crabapple
Pyrus calleryana 'Glen's Form'
Chanticleer Pear
Tilia cordata
Littleleaf Linden
Prunus virginiana 'Canada Red'
Canada Red Chokecherry
14
13
8
12
2
15
CONTAINER
CONTAINER
B&B
SIZE
SIZE
2" CAL.
2" CAL.
2" CAL.
2" CAL.
2" CAL.
2" CAL.
2" CAL.
2" CAL.
2" CAL.
B&B
B&B
B&B
B&B
B&B
B&B
B&B
B&B
GROUNDCOVER
Turf Sod
Kentucky Blue Grass
QTY
91,600 SF
DEVELOPMENT AGREEMENT (CANYON VILLAGE LOFTS ANNEXATION/REZONE/COMPREHENSIVE PLAN AMENDMENT/SPECIAL USE PERMIT) PAGE 14
EXHIBIT C
CITY OF CALDWELL ENGINEERING
Canyon Village Lofts
ANN22-000020, CPM22-000008, ZON22-000010, and SUP22-000025
Page 1 of 7
Memorandum
To: Katherine Wright, Associate Planner
Caldwell P & Z Department
From: TJ Frans, Project Manager
Steven Pendleton, Civil Plans Examiner II
Re: ANN22-000020, CPM22-000008, ZON22-000010, and SUP22-000025 (Canyon Village
Lofts)
Date: December 20, 2022
The Engineering Department provides the following comments on a request by Nicolette
Womack, agent for Kimley-Horn, on behalf of the applicant Brandon McDougald of Kimley-Horn,
DeBartolo Development LLC., and property owners Canyon Village Townhomes LLC. and
Springbok Development Inc., to annex parcel R3090101000approx. 7.80 acres) with a proposed
R-3 (High Density Residential) zoning designation, a rezone of parcel R3090601000 from R-1
(Low Density Residential) to R-3 (High Density Residential, where the comprehensive plan land
use designation is Low Density Residential, and a comprehensive plan map amendment for
both parcels to go from Low Density Residential to High Density Residential, to include approval
of a Development Agreement associated with ANN22-000020 and ZON22-000010, and a
Resolution associated with the comprehensive plan map amendment for CPM22-000008.
Concurrently, the applicant is requesting a Special Use Permit to develop a town-home style
multi-family development within an R-3 (High Density Residential) zone. The proposed
development for Canyon Village Lofts would consist of ninety-five (95) attached townhome-style
units in five (5) building types which include a variety of two- and three-bedroom units, single
and double car garages, and front and rear loaded designs within a total of fourteen (14)
buildings. The subject property is located west of the Homedale Road / Cleveland Blvd
intersection and east of the Homedale Road / Midway Road intersection A development
agreement will be required if the annexation and rezone application(s) are approved.
* Due to the nature, complexity and many civil improvements required of multi-family land
development projects the Engineering Department recommends that this project be required to
complete the land development process in the same manner as a standard subdivision and that
said recommendation be made a condition of approval of this application.
Canyon Village Lofts
ANN22-000020, CPM22-000008, ZON22-000010, and SUP22-000025
Page 2 of 7
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 which shall include the following items:
a. Street section and alignment (including curb and gutter);
b. Sidewalk (sidewalk width based on street classification);
c. Sanitary sewer (per City and DEQ requirements);
d. Potable water (per City and DEQ requirements);
e. Stormwater facilities (per City requirements/storm water manual);
f. Street lighting (per City standards);
g. Street signage (per City and MUTCD requirements);
h. Vertical Datum based on NAVD 88 Datum. 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. Easements for public utilities shall be as listed below. Easements will be required to be larger if
deemed necessary by the City Engineer in order to facilitate future maintenance operations of
utilities.
a. 10 feet wide minimum.
b. Domestic water only,15 feet wide minimum
c. Sanitary sewer only, 20 feet wide minimum
d. Sewer and water combined, 30 feet wide minimum
i. Note: future permanent structures will not be permitted to be constructed
within any easement granted to the City of Caldwell. Applicant shall
ensure that civil design and easements provided to the City
accommodate current and future construction needs of permanent
structures such as covered parking structures, future buildings, etc.
3. 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.
4. All utilities on and within the boundaries of the subdivision shall be located and/or relocated
underground.
5. All street, sewer, water, fire protection, and street light facilities must be dedicated to the City.
Some conveyance facilities for stormwater drainage may be eligible for dedication to the City.
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6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
Rights-of-Way
1. E. Homedale Road is classified as a Minor Arterial. The applicant shall dedicate as public right-
of-way a minimum forty (40) foot half width right-of-way (from centerline/section line) along the
entire E. Homedale Road alignment (per City Standard R-810 B).
2. Midway Road is classified as a Collector. The applicant shall dedicate as public right-of-way a
minimum thirty-five (35) foot half width right-of-way (from centerline/section line) along the
entire Midway Road alignment (per City Standard R-810 C).
3. All private drive aisles shall have a minimum width of 26’ or meet Caldwell Fire Department
requirements, whichever is greater.
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Street
1. Full street improvements shall be completed to all classified roads adjacent to the proposed
project (including E. Homedale Rd and Midway Rd.) in accordance with all City of Caldwell
standards and specifications. Improvements shall include (but are not limited to) curb, gutter,
sidewalk, asphalt, streetlights, joint trench, spare communication conduit along classified
roadways, storm drainage facilities, etc.
2. Emergency access shall meet all Caldwell Fire Department requirements.
3. All private driveways/drive aisles shall fully comply with City of Caldwell standards and be
approved by the Caldwell Fire Marshall.
4. No lot/building shall have direct access to/from E. Homedale Rd. or Midway Rd.
5. Applicant shall coordinate with the United States Postal Service to determine a cluster mailbox
unit location. Said location shall be interior to the site and shall be located in a manner that will
not impact, or cause queueing onto, E. Homedale Rd. or Midway Rd. said location shall be
approved by the Engineering Department during construction drawing plan review and prior to
plan approval.
6. Applicant shall construct one quarter (1/4) share of the Moses Drain understructure and
surface improvements where Moses Drain crosses E. Homedale Rd. or complete
improvements that are equal to 25% of the cost of the total crossing. At the discretion of the
City Engineer applicant may be allowed to contribute monies to the City in lieu of
construction.
Outparcels
1. 5407 Midway Rd. (R3090600000)
a. If the City is able to obtain sufficient right-of-way along the frontage of this out parcel
located in the northwest corner of the development the applicant shall complete the road
widening improvements referenced in the Street section, item 1, across the Midway Rd.
frontage of said out parcel. If the City is not able to acquire the right-of-way, lesser
improvements may still be required that fall within the prescriptive right-of-way on those
out parcels.
b. Applicant shall make an appropriate tie in with curb, gutter and sidewalk to existing
infrastructure within the public right-of-way located north of this parcel.
2. 5505 E. Homedale Rd. (R3090100000)
a. If the City is able to obtain sufficient right-of-way along the frontage of this out parcel
located on the south of the development the applicant shall complete the road widening
improvements referenced in the Street section, item 1, across the Homedale Rd.
frontage of said out parcel. If the City is not able to acquire the right-of-way, lesser
improvements may still be required that fall within the prescriptive right-of-way on those
out parcels.
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Water
1. All on site water mains will need to be looped into existing mains and have a minimum of two
points of connection for fire flow and water quality purposes. Internal main sizing and
construction plan approval, will be dependent upon the availability of fire flow.
2. Each buildable lot or building shall be supplied with potable water. If buildings are constructed
to include individual units that could feasibly or will be sold separately, each unit shall be
serviced separately
3. The location of water service, including sizing of mains, providing of easements, frontage
construction, and offsite construction are to be decided during review of improvement plans.. Sanitary Sewer
1. It shall be the responsibility of the applicant’s engineer to verify that connection to existing sewer
mainlines will not exceed the functional capacity of said mainlines. Provision for connectivity by
future developments shall be met in accordance with current City standards.
2. The location of sewer service, including sizing of mains, providing of easements, frontage
construction, and offsite construction are to be decided during review of improvement plans. This
development will be required to installation the trunk lines specified within the most current
version of the applicable Sewer Study that reside within the limits of this development.
3. Each buildable lot or building shall be provided with individual sewer service. If buildings are
constructed to include individual units that could feasibly or will be sold separately, each unit shall
be serviced separately.
4. The Developer will be required (where applicable) to extend all sewer and water mainlines to the
center of adjacent roadways for connectivity by future developments. Locations of said
extensions will be decided during the review of the improvement plans.
5. Any easements for sewer lines not in the right-of-way should be at a width sufficient to construct
same and not less than 20 feet in width. Easements for adjacent sewer and water lines not in the
right-of-way shall be at a width sufficient to construct the same and shall be no less than 30 feet
in width.
6. A 20’ wide all-weather surfaces may be required to be constructed over mainlines that fall outside
the public right-of-way. All weather surfaces shall be constructed sufficiently to support heavy
equipment necessary to construct and maintain sewer under all seasonal weather conditions. Irrigation
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1. Existing easements and/or right-of-ways for any irrigation facility shall be determined and
clearly indicated on the construction plans. Construction across or re-routing of these facilities
is subject to approval by the Governing Irrigation District and at their discretion or their assigns.
2. The Developer shall maintain any existing upstream drainage rights and downstream irrigation
rights across the property. During the design phase of this project, the developer or his
engineer is to contact the appropriate irrigation district to help ascertain these rights.
Appropriate facilities shall be provided by the developer to convey irrigation and drainage water
across the property to take care of these offsite needs. There is to be no discharge of
gravity/pressure irrigation return water into the projects storm water system.
3. The development is to include a non-potable water pressure irrigation system. The design of
this pressure irrigation system is to be reviewed and approved by the Caldwell Municipal
Irrigation District prior to construction plan approval. It shall be required that the system will be
operated and maintained by the Caldwell Municipal Irrigation District.
4. Each lot, or building area, shall be provided with a pressure irrigation service in compliance with
Caldwell Municipal Irrigation District standards and City code.
5. All pressure irrigation mainlines shall be located in the public right-of-way or private drive isle
within a public utility easement, with a minimum width of 10 feet, centered over said mainlines
as per current City standards.
6. If required applicant shall place the pump station in an area that is easily accessible with a
recorded perpetual easement sufficient for convenient access and maintenance of said pump
station. The lot the pump station is positioned on shall be owned and maintained by the
property owner, a homeowners' or business owners' association.
7. The applicant shall ensure that an adequate continuous irrigation supply flow is available to
meet the pressure irrigation system requirements of CMID.
8. The applicant shall transfer a proportionate share of any existing water right(s), except those
held in trust by an irrigation district, to the City of Caldwell for both irrigation and domestic water
supply for the subject development. If this should occur, The City shall assist in registering the
transfer.
9. All plans and construction drawings submitted to the City of Caldwell for review and approval
for any out-of-season irrigation work to be performed within or across facilities located within (or
owned by) irrigation districts other than CMID shall be submitted to the Caldwell Engineering
Department no later than August 15th. Submittal of plans after this date may result in Applicant
not receiving plan approval in time to complete out-of-season work. Storm Drain
1. As noted previously, provision is to be made for the disposal of stormwater drainage in
accordance with the City Stormwater Management Manual and any updates adopted
subsequent to this application. It is to be noted that retention designs will be denied in most
instances. A copy of this policy is available upon request. The engineer of record is to provide
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calculations, which indicate that the assumptions in his stormwater drainage plan comply with
the requirements of the stormwater manual. In this case, if a storm water system is existing, the
burden of proof is on the developer to verify the capacity is sufficient for the proposed
development.
2. The applicant shall identify and retain all historical drainage discharge points from the property
for the purpose of draining on-site storm water detention facilities.
3. The applicant shall retain all historic upstream and downstream storm water discharges and
shall not create any adverse impacts pertaining to gravity irrigation water or storm water runoff
to the neighboring properties.
4. Storm water detention basins are required to remain on-site and are to be operated and
maintained by the property owner, a homeowners' or business owners' association.
5. There is to be no discharge of storm water overflow into any irrigation water return/discharge
facility/ditch/pipe/etc. Building Permits
1. Prior to submission of building permits, public utilities and infrastructure must be completed or
an appropriate construction security provided. A 20% 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 of 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.