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HomeMy WebLinkAboutANN21-1 order-revisedRevised Recommendations and Conditions of Approval for Cases No. ANN21-000001 and PUD21-000001 March 22, 2022 VIII RECOMMENDATIONS 8.1 ANNEXATION: Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby recommends to the Mayor and City Council that case No. ANN21-000001, a proposed Annexation of 45.62 acres, parcels R32795 & R32795010, with a zone designation of H-C (Highway Corridor) for the purpose of developing a mixed-use commercial and high density residential planned unit development as Enclave Subdivision be approved/denied with the conditions of approval listed below to be enumerated in a Development Agreement (if approved).  8.2 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 annexation/development agreement or in the Order of Decision for the Planned Unit Development and Preliminary Plat for Enclave Subdivision. 8.3 A development agreement, as prepared by the Planning and Zoning Department, shall be approved by City Council in conjunction with the annexation and development. Said agreement shall include the conditions of approval for Case Numbers ANN21-000001 and PUD21-000001. 8.4 Failure to comply with the conditions of development as provided for herein and to develop the property in accordance with the identified development plan for Enclave Subdivision PUD shall result in the subject property, 45.62 acres, being reverted to a zoning designation of “RS1” (Residential Estates), the zoning designation with the least intensive permitted land uses analogous to the original Agricultural Zone designation and land uses existing prior to annexation of the property into the City of Caldwell. 8.5 Upon failure to comply with the conditions imposed for the Enclave Subdivision PUD Order of Decision, the development agreement may be terminated by the city, and the zoning designation upon which the use is based may be reversed upon the failure of the owner, developer or each subsequent owner or person acquiring an interest in the subject parcel to comply with the commitments in the agreement within three (3) years, in accordance with Caldwell City Code §10-03-07 PUD (3)R. Expiration. X CONDITIONS OF PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT:  Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby recommends to the Mayor and City Council that case No. PUD21-000001, a proposed Planned Unit Development and Preliminary Plat Approval of 45.62 acres, parcels R32795 & R32795010, with a zone designation of H-C (Highway Corridor) for the purpose of developing a mixed-use commercial and high density residential planned unit development as Enclave Subdivision be approved/denied with the conditions of approval listed below to be enumerated in a Development Agreement (if approved).  Conditions 10.4 through 10.17 remain as proposed in the staff report. The following conditions shall be modified as shown below: 10.18 The mini-storage facility shall not place, hang or paint signage on the perimeter wall/fencing of facility. 10.26 One subdivision entry sign or monument sign may be placed at each entrance of a subdivision or business park, the actual signage area (exclusive of the monument portion of the structure) shall not exceed one hundred (100) square feet, and may be externally or internally illuminated. Sign permits are required prior to installation. The sign may not exceed the height of the roof-line of the tallest building it serves as stated in Caldwell City Code 10.02.06 4. 3. The following new conditions shall be part of the order of recommendation. 10.28 The developer shall provide a detailed phasing plan. 10.29 Preliminary plat approval for the Enclave Subdivision PUD is valid for twenty-four (24) months from the date of signature on the approving order of decision, meaning a final plat must be recorded within twenty-four (24) months of the date of signature on the approving order of decision for the preliminary plat.  The first phase of the final plat shall be recorded by May 2, 2025 and each subsequent phase shall be recorded within one year of the date of final plat recordation of the prior recorded phase.   10.30 Failure to comply with the conditions of development as provided for herein and to develop the property in accordance with the identified development plan for Enclave Subdivision PUD shall result in the subject property, 45.62 acres, being reverted to a zoning designation of “RS1” (Residential Estates), the zoning designation with the least intensive permitted land uses analogous to the original Agricultural Zone designation and land uses existing prior to annexation of the property into the City of Caldwell. 10.31 Ownership: A planned unit development shall be under single ownership/control during the planning and developmental stage to ensure that the development can be accomplished in a unified manner. A PUD developer may sell a portion of an approved PUD if the purchaser submits a notarized letter to the planning and zoning director stating that he/she reviewed the order of decision, development agreement, phasing plan, and all other applicable materials and agrees to comply with all conditions of approval. Bruce,   I spoke with Doug Waterman this morning regarding our conversation and the proposed combined order – he indicated that there is not a specific requirement that says we have to individually approve, deny, modify each component of an application.  The combined order is allowable.   We can however provide you with the separate decision options.   For the second part of the discussion regarding reversion:  He indicated that we should revert to the lowest developable zoning designation that most closely represents the property at the time of annexation –since we do not have an agricultural zone—that would be Residential Estates “RS1”.  I have made some proposed modifications below     §10-03-03 (3)F.   Termination, Modification And Extension: The establishment of a development agreement and the written commitments contained therein, in accordance with the provisions of this section, shall be deemed written consent to change the zoning of the subject property to its prior designation upon failure to comply with the conditions imposed by the agreement. A development agreement may be modified only by the permission of the city council after complying with the notice and hearing provisions of this section. A development agreement may be terminated by the city, and the zoning designation upon which the use is based may be reversed upon the failure of the owner, developer or each subsequent owner or person acquiring an interest in the subject parcel to comply with the commitments in the agreement within two (2) years. The two (2) year period of time for compliance of commitments may be extended by the city for just cause and upon application for such by the owner, and after complying with the notice and hearing provisions of this section.    §10-03-07 PUD (3)R.   Expiration: The completion of the first phase of a planned unit development shall take place within three (3) years of the signature date on the order of decision approving the planned unit development or said approval shall become null and void. For each phase after the first phase there shall be an allowed one year time frame per phase for completion. Should any phase not be completed within its one year time frame, approval on the uncompleted portion of the planned unit development shall become null and void. Exceptions to the time frames may be granted at the time of original approval of the planned unit development, provided said exceptions are requested in the initial application. (Ord. 2805, 11-2-2009)  §11-02-03 (1)F.   Preliminary Plat Expirations And Time Extensions:          1.   Preliminary plat approval is valid for twenty-four (24) months from the date of signature on the approving order of decision, meaning a final plat must be recorded within twenty-four (24) months of the date of signature on the approving order of decision for the preliminary plat.