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Home My WebLink About2-15-2022 follow-up letter to Caldwell re Wander Property Joshua J. Leonard jleonard@clarkwardle.com February 15, 2022 Via Email to: P&Z@cityofcaldwell.org Caldwell Planning and Zoning Commission c/o: Douglas Waterman Hamilton, Michaelson & Hilty LLP 1303 - 12th Avenue Road Nampa, Idaho 83686 Re: Follow-up Comment on ANN21-000018-SUB21-000048 (Huntington Ridge West Subdivision) Dear Planning and Zoning Commissioners, This firm represents Wander Property, LLC, which owns four parcels of real property totaling nearly 150 acres that will be directly affected by development of the Huntington Ridge West Subdivision (the “Development”). Although not opposed to the Development, we strenuously object to its configuration; specifically, we object to its removal of the Florida Avenue extension, in violation of the city’s comprehensive plan. The Planning and Zoning Commission cannot recommend approval of the Development’s Preliminary Plat, because: (1) Removal of the Florida Avenue extension means the Development’s Preliminary Plat does not comply with the purpose statement of the Caldwell Subdivision Ordinance; (2) The Development’s removal of the Florida Avenue extension violates the Caldwell Subdivision Ordinance. (3) Removal of the Florida Avenue extension means the Development’s Preliminary Plat is not “in compliance with” the city’s comprehensive plan or the city transportation master plan; and (4) Our clients relied on city staff’s representations that the Florida Avenue extension would provide primary access to our clients’ property. Each of these is discussed in this letter. 1. The Development does not comply with the Caldwell Subdivision Ordinance’s Purpose Statement. The Development seeks approval of a preliminary plat that fails to include the Florida Avenue extension, which is planned to run along the easternmost boundary of the parcels included in the Development. The Caldwell Subdivision Ordinance begins by stating its purpose: These regulations provide for, but are not limited to, the following: A. Harmonious development of the city. February 15, 2022 Page 2 B. Coordination of new and extending streets and utilities within subdivisions with other existing or planned streets and utilities. … E. Requirements as to the extent and the manner in which: 1. Streets shall be created and improved; and … 3. Traffic shall be mitigated. (Caldwell City Code §§ 11-01-02.A., B., E.1 and E.3.) The Development’s glaring omission of the Florida Avenue extension violates these purposes. Specifically, by omitting the Florida Avenue extension, the Development ensures that this area cannot be developed “harmoniously” - the Florida Avenue extension is clearly depicted in the City’s comprehensive plan, which is the city’s planning tool that ensures harmonious development. (See 3., below.) By omitting the Florida Avenue extension from its preliminary plat, the Development also violates subsection B of this section, which requires “Coordination of new and extending streets and utilities within subdivisions with other existing or planned streets and utilities.” (Caldwell City Code § 11-01-02.B., emphasis added.) The Development’s omission of the Florida Avenue extension ensures that the city cannot accomplish coordination of streets within the Development “with other existing or planned streets,” and thereby violates this section of the Caldwell Subdivision Ordinance. Also, the Development’s failure to include the Florida Avenue extension violates the Caldwell Subdivision Ordinance by failing to create and improve planned streets, as required by Caldwell City Code §§ 11-01-02.E.1. and 3. We ask the Planning and Zoning Commission to recommend either (a) outright denial of the Development’s preliminary plat application; or, (b) approval of the preliminary plat application with the addition of an express condition to preserve the planned alignment and location of the Florida Avenue extension by requiring the Development to dedicate a minimum of forty feet (40’) of right-of-way along the quarter section line that comprises the Development’s eastern boundary - this dedication would comprise one-half of the right-of-way width required for the planned Florida Avenue extension.1 2. The Development does not comply with the standards required by the Caldwell Subdivision Ordinance for approval of a preliminary plat. The Caldwell Subdivision Ordinance imposes several standards and requirements for approval of a subdivision plat - the Planning and Zoning Commission must be able to make the following findings (among others) before recommending approval of the plat to the City Council: 1 Based on Caldwell’s Functional Street Classification Map, the Florida Avenue extension will be a collector street, which, pursuant to the applicable standards, requires a minimum of eighty feet (80’) of right of way width. (HIGHWAY STANDARDS & DEVELOPMENT PROCEDURES for the ASSOCIATION OF CANYON COUNTY HIGHWAY DISTRICTS, Section 3030.010.) February 15, 2022 Page 3 (A) The plat is in compliance with “city code” as herein defined; (B) The plat is consistent with the city comprehensive plan; … (C) The plat is consistent with the city transportation master plan; (Caldwell City Code §§ 11-02-03.E.2. (A), (B), and (D).) By failing to include the Florida Avenue extension, the Development violates Caldwell City Code (see 1., above) and is not consistent with the city’s comprehensive plan (see 3., below). An application that violates the Caldwell Subdivision Ordinance cannot be approved. At a minimum, we ask the Planning and Zoning Commission to comply with the Caldwell Subdivision Ordinance by recommending the addition of a condition of approval that preserves the planned alignment and location of the Florida Avenue extension by requiring the Development to dedicate right-of-way for the extension. 3. The Development is not consistent with the city’s comprehensive plan. The Development is not “consistent with the city comprehensive plan.” The following image is the city’s Functional Street Classification Map: February 15, 2022 Page 4 (Functional Street Classification Map, 2040 Comprehensive Plan for the City of Caldwell, p. 74 (with our annotations.) The City’s Functional Street Classification Map, contained in the city’s comprehensive plan, clearly identifies the Florida Avenue extension as “Proposed Collector.” By failing to include the Florida Avenue extension, the Development directly violates the city’s comprehensive plan and cannot be approved. To bring the Development back into compliance with the comprehensive plan, the Planning and Zoning Commission must recommend either (a) outright denial of the Development’s preliminary plat application; or, (b) approval of the preliminary plat application with the addition of an express condition to preserve the planned alignment and location of the Florida Avenue extension by requiring the Development to dedicate right-of-way along the Development’s eastern boundary.2 4. Our clients relied on city staff’s representations that the Florida Avenue extension would provide primary access to our clients’ property. As mentioned in our letter dated February 7, 2022, which already is in the record, last summer our clients exchanged emails with City staff about access to my clients’ property, which is depicted as the “Wander Property” in the attached Exhibit A. During last summer’s email exchange (a copy of which is attached as Exhibit B), city staff noted that the existing Polk Road access to my client’s property “is fine for a secondary access,” and “Florida would be built out along the development[‘]s frontage to Lincoln.” The primary purpose of the email string, was for our clients to arrange to obtain and pay for a traffic impact study for the development of their property, the Wander Property. Before our clients even could commence the traffic study, though, City staff required our clients to include the Florida Avenue extension: …you will need to include the roadway improvements along the development’s frontage all the way to the Florida intersection. We will need these improvements shown on an updated site plan, along with any subsequent changes to your site, so we can use this information to request a TIS proposal. I apologize for any inconvenience but I am unable to request the proposal from the consultant until I have this updated plan. (July 7, 2021 email from city staff to J. Starr, our clients’ representative - see Exhibit B, attached.) Then in November, our clients received (and paid for) the completed traffic impact study, which, as required by city staff, included “the roadway improvements along the development’s frontage all the way to the Florida intersection.” (Id.) Now, only three months later, our clients’ traffic study essentially will be invalidated if the Developer’s preliminary plat application is approved. Our clients followed city staff’s direction regarding the alignment of the planned Florida Avenue extension, whereas the Development’s preliminary plat application violated the Caldwell Subdivision Code and failed to comply with the city’s comprehensive plan. The Development should not be approved unless a condition of approval is added to require the Development to preserve the planned alignment and location of the Florida Avenue extension. Failure to do so would further 2 Based on Caldwell’s Functional Street Classification Map, the Florida Avenue extension will be a collector street, which, pursuant to the applicable standards, requires a minimum of eighty feet (80’) of right of way width. (HIGHWAY STANDARDS & DEVELOPMENT PROCEDURES for the ASSOCIATION OF CANYON COUNTY HIGHWAY DISTRICTS, Section 3030.010.) February 15, 2022 Page 5 violate the Caldwell Subdivision Code and would penalize our clients, who complied with the clear direction received from city staff. We note that the applicant provided no explanation for failing to include the planned location and alignment of the Florida Avenue extension in the Development. Please include this letter in the official record in the above-entitled application. I am available via telephone or email to discuss the content of this letter. Very truly yours, Joshua J. Leonard Cc: P&Z@cityofcaldwell.org Attached Exhibits: • Exhibit A - Aerial Depiction • Exhibit B - 2021 Email String EXHIBIT A Aerial Depiction of: • Huntington Ridge West boundaries • Wander Property (our clients’ property) • ownership of other nearby properties • correct location and alignment of the Florida Avenue extension • presumably where the applicant wants Florida Avenue to jog from its current alignment EXHIBIT B Email String between our Clients’ Representative and City of Caldwell Staff [Please see attached.] 1 Starr, John From:Angela Lively <alively@cityofcaldwell.org> Sent:Wednesday, July 7, 2021 16:22 To:Starr, John Cc:Robb MacDonald; T.J. Frans; Nicole Nicholson Subject:RE: Traffic Impact Study - Wander Attachments:Caldwell Web Map - Florida Ave.pdf John, I apologize for any confusion I caused, to clarify, the East boundary of the development is Florida Ave. (see maps about ¾ mile south of the property where Florida Rd. is already established). From my understanding it needs to be built out and developed along that frontage with an access point onto that roadway. It was expressed to me that that Polk St. is not a good fit for the primary access for this development and that the development needed to connect to what we classify as a collector street, Lincoln Rd. in this case. As I wasn’t involved in any of the roundtable conversations or meetings so I cannot provide much in the way of additional clarification or information other than that. ATTN: City buildings are currently open to the public on a limited use basis. We ask that you please consider limiting visits to City buildings to business that cannot feasibly be conducted via email, phone, or electronic submittal. From: Starr, John <John.Starr@colliers.com> Sent: Wednesday, July 7, 2021 3:15 PM To: Angela Lively <alively@cityofcaldwell.org> Cc: Robb MacDonald <rmacdonald@cityofcaldwell.org>; T.J. Frans <tjfrans@cityofcaldwell.org>; Nicole Nicholson <nnicholson@cityofcaldwell.org> Subject: Re: Traffic Impact Study - Wander Thank you Angela You keep mentioning Florida Ave and I’m not able to see where we can attach to Florida from our current property lines. If we are going west, shouldn’t I show a connection to Indiana? 2 If the transportation study says that Lincoln Road is a better fit for volume and access, wouldn’t it be up to the transportation study to tell us to go that direction instead? Me impression is that the transportation study will identify the limits if the current system and suggest the best solution(s) to accommodate development. John Starr Land Services Group | Boise Dir +1 208 472 2836 | Mobile +1 208 871 0546 Main +1 208 345 9000 | Fax +1 208 472 2819 john.starr@colliers.com<mailto:john.starr@colliers.com> Colliers International 755 W. Front Street, Suite 300 | Boise, ID 83702 | USA On Jul 7, 2021, at 13:39, Angela Lively <alively@cityofcaldwell.org> wrote: John, Typically a Traffic Impact Study is used to address the impacts a new development will have on the surrounding traffic patterns, which is then used by the City to see if there needs to be any traffic mitigation/improvements and how they should be addressed. From my understanding it was stated that you will need to include the roadway improvements along the development’s frontage all the way to the Florida intersection. We will need these improvements shown on an updated site plan, along with any subsequent changes to your site, so we can use this information to request a TIS proposal. I apologize for any inconvenience but I am unable to request the proposal from the consultant until I have this updated plan. If you can please provide this at your earliest convenience that would be greatly appreciated, thanks! <image003.jpg> ATTN: City buildings are currently open to the public on a limited use basis. We ask that you please consider limiting visits to City buildings to business that cannot feasibly be conducted via email, phone, or electronic submittal. From: Starr, John <John.Starr@colliers.com> Sent: Wednesday, June 30, 2021 3:05 PM To: Angela Lively <alively@cityofcaldwell.org> Cc: Robb MacDonald <rmacdonald@cityofcaldwell.org>; T.J. Frans <tjfrans@cityofcaldwell.org>; Nicole Nicholson <nnicholson@cityofcaldwell.org> Subject: Re: Traffic Impact Study - Wander Thank you Angela The point of the Study is to determine the best alternative for the TBD access. We are hoping to have the Study done on the as is condition to inform us what the current access will support, then a recommendation for the additional access i.e. Florida or Lincoln or??? John Starr Land Services Group | Boise Dir +1 208 472 2836 | Mobile +1 208 871 0546 Main +1 208 345 9000 | Fax +1 208 472 2819 john.starr@colliers.com<mailto:john.starr@colliers.com> 3 Colliers International 755 W. Front Street, Suite 300 | Boise, ID 83702 | USA On Jun 30, 2021, at 14:53, Angela Lively <alively@cityofcaldwell.org> wrote: Hello John, We were able to review the site plan and it looks like there is a missing aspect. The current access point shown is fine for a secondary access but I was told it was expected that Florida would be built out along the developments frontage to Lincoln. Once we have an updated site plan I can get the TIS proposal sent over to the consultant. Please let me know if you have any questions. <image003.jpg> ATTN: City buildings are currently open to the public on a limited use basis. We ask that you please consider limiting visits to City buildings to business that cannot feasibly be conducted via email, phone, or electronic submittal. From: Starr, John <John.Starr@colliers.com> Sent: Tuesday, June 29, 2021 2:51 PM To: Angela Lively <alively@cityofcaldwell.org> Subject: FW: Traffic Impact Study Good Afternoon Angel I sent this over some time ago but hadn’t heard back from you. Please see below and attached. Thank You John M Starr Land Services Group | Boise Mobile 208 871 0546 john.starr@colliers.com Colliers International 755 W Front St, Suite 300 | Boise, ID 83702 | USA From: Starr, John Sent: Thursday, June 17, 2021 10:15 To: alively@cityofcaldwell.org Subject: Traffic Impact Study Good Morning Angel We would like to have Rob Beckman at NV5/WH Pacific do the traffic study for the Wander Property at 2805 Polk St in Caldwell. They appear to have capacity and can produce a report in a timely fashion. I’ve attached a lot layout for the property as well as a parcel list. 4 The owner of the property will be responsible for the contract. Wander Property, LLC is managed by Dustin Schneider and I’ve included his contact information. Please be sure to direct all communication to me as I’m responsible for moving this forward. <image004.jpg> Sincerely, John M Starr Land Services Group | Boise Mobile 208 871 0546 john.starr@colliers.com Colliers International 755 W Front St, Suite 300 | Boise, ID 83702 | USA <173 LOT RESIDENTIAL WANDER.pdf> <2805 POLK ST PARCELS.xlsx> <Dustin Schneider.vcf>