HomeMy WebLinkAboutShadow Glen 4 FP_CC_SR_2024-04-16CASE NO: SUB24-000005
STAFF REVIEW SUMMARY:
STAFF: Staff finds the final plat IS compliant with all applicable codes, regulations, and policies, and is in conformance with the approved preliminary plat. Staff recommends if approved, the approvals be subject to the conditions listed in the Findings of Fact, Conclusion of Law, and Decision herein.
PROJECT SUMMARY:
Proposed Land Use Applications:
• Final Plat for Shadow Glen Subdivision, Phase
4, consisting of 39 residential lots and 3
common lots.
Project Name: Shadow Glen 4
Applicant: Becky Yzaguirre
Property Owner: Troy Wahlberg
Parcel ID Number(s): R3431900000
Property or Project Size: 13.9 acres
DECISION BODY – REQUIRED FINDINGS & APPROVAL CRITERIA
Before the City Council approves any application, the Council must find and conclude the proposed application is compliant with the Caldwell City Code approval criteria as listed under #11 within Section I, Findings of Facts, within this report.
Caldwell Planning & Zoning Department STAFF REPORT / FINDINGS
Consent Item | City Council | 4/16/2024
Staff Planner: Katie Wright
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BEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A FINAL PLAT APPROVAL FOR SHADOW GLEN
SUBDIVISION, PHASE 4, CONSISTING OF 39
RESIDENTIAL LOTS AND 3 COMMON LOTS.
Property Owner: Brookfield Holdings
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FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION
Case No. SUB24-000005
I. FINDINGS OF FACTS
1. APPLICANT: Becky Yzaguirre
2. PROPERTY
OWNER:
Troy Walhberg, Brookfield Holdings
3. APPLICATION
REQUEST:
Application for final plat approval of Shadow Glen 4.
4. SITE ADDRESS AND LOCATION: The subject site is located east of Ward Rd., approximately 0.23 miles north of Linden
Rd., with a property address of 19186 WARD RD, described as a portion of 30-4N-2W
SE TX 21275 IN SE LS ROW & SUBS.
5. ASSESSOR PARCEL NUMBER(S):
R3431900000
6. PROPERTY SIZE: Approximately 13.9 acres, more or less
7. PUBLIC NOTICING:
The following noticing was completed in accordance with Caldwell City Code Section
10-03-12:
Public Agency Notification Sent 2/21/2024
8. AGENCY COMMENTS: Public agency comments were received from the following agencies and are included in
their entirety as part of the official record and the exhibits attached hereto.
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a. City of Caldwell Engineering Department – Provided general conditions for approval
b. City of Caldwell Fire Department – Provided general conditions for approval
9. PRELIMINARY PLAT AND DEVELOPMENT
BACKGROUND AND HISTORY:
In 2006, (ANN-113-06) 196.46 acres were annexed into the city with zoning
designations of R-1 and C-1. The original preliminary plat (SUB140P-06) was for
Copper Creek Subdivision, consisting of 647 single family homes. Phase 1 of this
development was constructed in 2007, with instrument number #2007045767. The
preliminary plat then expired.
The original parcels were divided schools were constructed there. In 2019, Hayden
Homes submitted TE-019-09 to complete phases 1, 2, 6, and 8 of Copper Creek
Subdivision, and this was denied by staff.
In 2019, Hayden submitted for a Comprehensive Plan Amendment, rezone, and a
preliminary plat for Shadow Glen Subdivision on 86.3 acres. This was denied by City
Council.
The preliminary plat for Shadow Glen was approved by the City Council on 9/9/2020.
The preliminary plat was approved for 257 single family homes, and 14 common lots
with 7 phases, on a total of 86.29 acres.
In the first three (3) phases, 144 buildable lots have been platted.
This phase consists of 13.9 acres and includes 39 single-family residential lots and 3
common lots.
There are 74 buildable lots to be platted with the remaining 3 phases.
10. APPLICABLE REGULATIONS AND GUIDING DOCUMENTS:
a. City of Caldwell Zoning Ordinance No. 1451, as amended
b. City of Caldwell Subdivision Ordinance, as amended
c. Idaho Code, Title 67, Chapter 65, Local Planning Act
11. REQUIRED FINDINGS & APPROVAL STANDARDS – Final Plat:
Caldwell City Code Section 11-02-03 (2) D outlines the Conclusions of Law for
approving a final plat. Before the council approves a final plat, the council must find
and conclude the following:
1. Final plat is compliant with city codes.
2. Final plat is compliant with the approved preliminary plat.
12. STAFF REVIEW AND ANALYSIS: The preliminary plat for Shadow Glen Subdivision (SUB-20P-9) was approved by City Council on November 16, 2020, and is in their fourth phase of development of this subdivision, with Phase 3 (SUB23-000021) being approved on September 19, 2023 and recorded on October 23, 2023. This phase of development is a single-family residential subdivision containing 39 buildable lots and 3 common lots on approximately 13.9 acres. The subject parcel is zoned R-1 – Low Density Residential. The subject final plat proposes no significant changes to the vehicular and pedestrian connectivity nor the amount of open space; the applicant submitted an updated phase plan for phase 4, yet this is still in substantial compliance with the previously approved phasing plan. Lot 4, Block 10 shows an incorrect calculation on the preliminary plat, while the final plat shows the correct square footage of the common lot, with the same dimensions. The qualifying open space will
still meet what is required with this potential change. There are a few corner lots (Lot 1, Block 10; Lot 13, Block 7; Lot 23, Block 5; and Lot 24, Block 9), show a loss of approximately 50sqft from the approved preliminary plat to the final plat. This still is in compliance with the City code. Staff has found that the applicant is proposing more
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common lots than originally shown in the approved preliminary plat, yet all lots still meet all dimensional and bulk standards as set in the city code. Therefore, staff finds the proposed Shadow Glen 4 final plat is consistent with all
previous approvals, including the preliminary plat. 13. CITY COUNCIL MEETING: The application for final plat was placed on the City Council consent agenda for consideration.
The City Council reviewed and considered all records, evidence, and facts presented in making their decision.
Based upon compliance with the conditions noted herein, the City Council found and concluded the following:
Final Plat
REQUIRED APPROVAL CRITERIA
Caldwell City Code Section 11-02-03 (2) E3 outlines the criteria for approving a final plat. The city council, prior to approving any Final Plat request, shall find and conclude the requests have met the criteria identified below.
Criteria Findings and Conclusion
Compliant Not Compliant The plat is in compliance with "city code"? X
The plat is consistent with the city comprehensive plan X
II. CONCLUSIONS OF LAW
Regarding the request for a final plat approval for Shadow Glen Phase 4, a residential subdivision with 39 single-
family lots and 3 common lots in an R-1 (Low Density Residential) zone on approximately 13.9 acres on Parcels
R3431900000, located in the 30-4N-2W SE TX 21275 IN SE LS ROW & SUBS, the City Council received and
reviewed the record and finds and concludes the following:
The preliminary plat has not expired, and the final plat is in significant conformance with the approved preliminary
plat.
Based upon the information received and the record of evidence presented, the City Council voted to APPROVE the request for final plat approval, subject to the conditions herein. In approving the requests, the City Council concluded the following:
The application approval process has complied with the public notice and hearing requirements of Idaho Code and Caldwell City Code; and
FINAL PLAT
1. The Council has the authority to approve or deny the application;
2. The final plat is compliant with city codes; and
3. The final plat is compliant with the approved preliminary plat; and
4. The proposed final plat meets the required approval criteria and standards as set forth in Caldwell City Codes.
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III. CONDITIONS OF APPROVAL
NOTE: Any conditions removed by the governing body will be shown in a strikethrough. Any conditions added by the governing body will be shown as underlined.
The approval of the application requests for (SUB24-000005), are subject to the adherence of the following conditions:
A. Site Specific Requirements:
Not Applicable.
B. General Requirements:
1. Applicant shall meet the platting requirements as set forth by City Code and in the preliminary plat approval for
this final plat, and for any letters of credit required.
2. Applicant shall meet the Engineering Department Conditions of Approval as shown in Attachment B. and the Fire
Department Conditions of Approval as shown in Attachment C.
3. Recorded mylars of the final plat shall be submitted to the Caldwell Engineering Department.
4. One paper copy of the recorded mylar shall be submitted to the Caldwell Planning and Zoning Department.
5. 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 a Development Agreement or in the
Order of Decision.
6. If any term or provision of this decision, to any extent, is held invalid or unenforceable, the remaining terms and
provisions hereof shall not be affected thereby, but each such remaining term and provision shall be valid and
enforced to the fullest extent permitted by law.
7. Any nuisances existing on the property (weeds, trash, debris, etc.) shall be resolved and in compliance with city
codes prior to the approval of any construction drawings and/or issuance of building permits.
8. Any changes to the plans and specifications upon which this approval is based, other than those required by the
above conditions, will require submittal of an application for modification and approval of that application prior to
commencing any change.
9. All improvements and operations shall comply with applicable local, state and federal requirements and procedures
whether specifically addressed in the analysis of this application or not.
10. All requirements from the Fire Department for access, turnarounds, emergency access, water supply, fire hydrants,
etc. shall be met in the development and/or platting of the subject property. Final approval of the location and
number of fire hydrants within the development shall be determined by the Fire Marshal and take place by phase
at the time of submittal of applicable construction drawings for each phase. In addition, all other conditions as
listed in Exhibit 2 must be met.
11. Comply with all requirements of the City Engineering Department as specified in their memo dated 2/23/2024 and
shown in Exhibit 2.
12. All new construction shall comply with the current height, setback, and area schedule in effect at the time the
building permit is filed, excluding setbacks, height, and/or area schedule requirements approved through a
planned unit development, special use permit and/or development agreement.
13. Fencing: Fencing must comply with Caldwell City Code Section 10-02-07.
14. This approval is for the application(s) specified herein only. Additional permits, licenses and approvals may be
necessary.
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15. Cluster Mailboxes: The development shall utilize cluster mailboxes for delivery of mail. Individual mailboxes shall
not be allowed. A cluster mailbox placement plan shall be submitted to the Planning and Zoning department
showing coordination with the United States Postal Services prior to submitting the construction drawings.
16. Subdivision Construction Signage: At the time of development, a "rules and regulations" sign shall be posted and
maintained at the entryways to the project until it is fully developed, and buildout is complete. The signs would be
intended for subcontractors performing work and should include: a) no dogs; b) no loud music; c) no alcohol or
drugs; d) no abusive language; e) disposal of personal trash and site debris; f) daily cleanup of any mud and/or
dirt that is deposited from the construction parcel onto streets; g) installation of a temporary construction fence
that would keep debris from being blown off site by the wind; h) no burning of construction or other debris on the
property.
17. Approved Subdivision Name. No changes to an approved subdivision name shall occur unless a request is
initiated through the filing of an application for a “Subdivision Name Change Request”, and subsequently
reviewed and approved the Mapping and Planning and Zoning Department, at an administrative staff level. In
making application, the application shall file a completed application with the Planning and Zoning Department
on forms prescribed by the department accompanied by such data and information necessary to assure the fullest
presentation of facts, as determined by the Planning Director.
A. Subdivision Name Change Requests; Prior to Final Plat Submission: If approved, an amended
preliminary plat will need to be submitted to the Planning and Zoning Department with the reflected
subdivision name change prior to the approval of construction drawings. All construction drawings and
final subdivision plats shall reflect the new approved subdivision name.
B. Name Change Requests; Prior to Final Plat Recording: If approved, an amended final plat drawings and
mylars will need to be submitted to the Planning and Zoning Department with the reflected subdivision
name change prior to signature of the final plat.
C. Name Change Requests; After Final Plat Recording: If approved, an amended final plat drawing
indicating the new subdivision name OR an Affidavit of Correction indicating that the plat is otherwise
known as “insert the new approved subdivision name”, shall be recorded at the county recorder’s office.
Once the plat or affidavit is recorded, a copy of the recorded plat or affidavit shall be provided to the
Planning and Zoning Department.
18. Plat Modifications or Replats. A revised copy of the plat shall be required to be submitted to the Planning and
Zoning Department within forty-five (45) days of the final approval by City Council. Final plat modifications or
replats will require a revised final plat to be recorded and a copy of the recorded plat shall be submitted to the
Planning and Zoning Department within forty-five (45) days of the final approval by City Council.
19. Approved Street Names, Street Layout, Lot and Block Numbering, and Subdivision Phasing Plan. No changes to
the original approved street names, street layout and configuration, lot and block numbering, or subdivision
phasing plan shall occur without prior approval from the City of Caldwell Mapping Division. Any substantial
changes from what was originally approved may require additional public hearings.
20. Solid Waste Disposal: All solid waste receptacles utilized during development and/or construction shall be
provided by the same company with which the City of Caldwell has an exclusive contract.
IV. ORDER OF DECISION
The Council, based upon the testimony and evidence in record in this matter and upon findings of fact and
conclusions of law set forth herein DOES HEREBY DETERMINE AND DECIDE AS FOLLOWS: the request for a
final plat approval for Shadow Glen Subdivision No. 4, a residential subdivision with 39 single-family lots and 3 common
lots in an R-1 (Low Density Residential) zone on approximately 13.9 acres on Parcel R3431900000, located in the 30-
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4N-2W SE TX 21275 IN SE LS ROW & SUBS, is APPROVED SUBJECT TO THE CONDITIONS OF
APPROVAL LISTED HEREIN.
These Findings of Fact, Conclusions of Law and Decision are for Shadow Glen, Phase 4 approved and adopted by
the Caldwell City Council on this date, April 16, 2024.
_____________________________________ __________________ Jarom Wagoner, Mayor Date of Decision ATTEST:
_____________________________________ Debbie Geyer, City Clerk City of Caldwell
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EXHIBITS
Exhibit 1: Application Documents
• Application
• Narrative
• Vicinity Map
• Final Plat
• Approved Preliminary Plat
• Landscape Plan
Exhibit 2: City Department Conditions of Approval and Comments
• City of Caldwell Engineering Department
• City of Caldwell Fire Department
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Exhibit 1 Application Documents
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Exhibit 2 City Department Comments and Conditions