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HomeMy WebLinkAboutCC SUMMARY REPORT ANN21-000001 PUD21-000001REPORT SUMMARY ENCLAVE PUD Before the Mayor and City Council City of Caldwell, Idaho Public Hearing Held May 2, 2022 Subject: Case No. ANN21-000001 PUD21-000001 Project Planner: Deb Root, Senior Planner The following land use action is the primary feature of this application: Consider Annexation of 45.62 acres, parcels R32795 & R32795010, with a mixed use zoning designation of “H-C” (Highway Corridor). The Comprehensive Plan designation for this property is Highway Corridor. Consider a Planned Unit Development (PUD) approval 301 residential units including single family and multi-family, a mini-storage facility, and five retail commercial lots. Consider a Preliminary Plat approval for the proposed 59 lot Enclave PUD Subdivision Approval of a Development Agreement in conjunction with the requested annexation, planned unit development and preliminary plat VI FINDINGS OF FACT 6.1 The Caldwell City Council 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 7.1 The Caldwell City Council has the authority to hear this case order that it be approved, modified, 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 RECOMMENDATIONS 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 with the conditions of approval listed below to be enumerated in a Development Agreement. 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. 8.6 RECOMMENDATION: 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 the proposed Planned Unit Development with a Preliminary Plat, Case Numbers PUD21-000001 for 45.62 acres, parcels R32795 & R32795010, with a zone designation of H-C (Highway Corridor) for the development of Enclave Subdivision, a mixed use (single-family residential, multi-family residential and commercial) development of 301 residential units, 5 Commercial Retail lots, one traditional mini-storage facility, and an RV parking lot on the subject properties located 1,500 feet west of the intersection of HWY 55 and Midway Road, on the south side of Hwy 55 in Caldwell, ID be approved with the conditions of approval listed in Section ten (X) to be enumerated in a Development Agreement. IX ORDER OF DECISION: The Caldwell City Council accepts the Comprehensive Plan Analysis, Findings of Fact, and Conclusions of Law in the staff report and public testimony. Based on the Findings of Fact and Conclusions of Law, the Mayor and City Council hereby order that case no. ANN21-000001, a proposed annexation of 45.62 acres, with a zone designation of H-C (Highway Corridor) and case no. PUD21-000001 with a preliminary plat for Enclave Subdivision, a mixed-use commercial and residential planned unit development is approved/denied with the conditions of approval listed below to be enumerated in a Development Agreement. 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 annexation/development agreement or in the Order of Decision for the Planned Unit Development and Preliminary Plat for Enclave Subdivision. 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. 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. A development agreement, as prepared by the Planning and Zoning Department, shall be approved by City Council in conjunction with the annexation and development. The development, design, and construction of Enclave Subdivision shall be in substantial compliance with the submitted preliminary plat of Case File PUD21-000001 (Exhibit A25 attached hereto). Any substantial deviations, as determined by the Planning & Zoning Director, from said Exhibit A15 shall require City Council approval through a public hearing. The development shall comply with the requirements of the City Engineering Department as listed in Case File Exhibit PA-12 (attached hereto) or as amended. The City Engineer has the discretion to reduce or eliminate certain requirements stated in Exhibit PA-12 that he finds to not be pertinent to the request. The development, design, and construction of Enclave Subdivision shall be in substantial compliance with the submitted landscape plan of Case File PUD21-000001 as amended to meet ordinance requirements for street landscape buffers (Exhibit A22 attached hereto). Any substantial deviations, as determined by the Planning & Zoning Director, from said Case File Exhibit A15 shall require City Council approval through a public hearing. This development has road frontage or required frontage along the following existing or proposed classified roadways. The required street landscape buffers to be located outside of the required rights of way dedications are as follows and landscaping requirements shall be met for the specified roadways including trees, shrubs, boulders as applicable: Street Classification Required Buffer Width Hwy 55/Karcher Principal Arterial 30 feet (Shall comply with 10-07-08 (11)) Celeste Avenue Collector 15 feet Enclave Avenue Collector for development 15 feet All other roads within development are local streets 10 feet 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 first final plat. 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. 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 intended for subcontractors performing work and should include: 1) no dogs; 2) no loud music; 3) no alcohol or drugs; 4) no abusive language; 5) dispose of personal trash and site debris; 6) clean up any mud and/or dirt that is deposited from the construction parcel onto streets; 7) installation of a temporary construction fence that would keep debris from being blown off site by the wind; 8) no burning of construction or other debris on the Property. Construction and landscaping of the proposed and required paved pathways shall be in substantial compliance with the submitted landscape plan or as amended to meet irrigation district and City Landscape Code requirements (see Exhibit A22). The Wilson Drain pathway shall be completed with each phase of development. A school bus stop plan, showing locations of safe pick-up and drop-off locations shall be submitted to the Planning and Zoning department showing coordination with the Vallivue School District prior to submittal of the first final plat. The developer shall provide for adequate illumination at all school bus pick-up and drop-off locations. The following deviations from the required dimensional standards shall be approved as part of the Planned Unit Development: Residential development (SFR and Multi-family) is required to follow the standards set forth for the “R3” (High Density Residential) zone with the following deviations: Zoning Standard Description Ordinance Standard R3 zone Ordinance Standard HC zone (applicable to Commercial) Requested Deviation For residential units (R3 standards)  Residential:     Front Setback 20’ 10’ 15’ from Flagstone St. for 4-plex units  Street Side Setback 15’ 10’ 10’ for Lot 3 Block 6 4-Plex  Rear Yard 15’ 0 Lot 9 Block 3 --10’ rear where lot angles  Interior Side Setback 6 foot 0 5’ foot for SFR units  Minimum Lot Area 5000 sq. ft. 0 No reduction  Minimum Lot Frontage 40’ 0 No reduction  Commercial:  (H-C zone)   Highway Frontage Building setback  40 feet No reduction  Front Building Setback  0’   Rear Building Setback  0’   Interior Side Setback  0’   Street Side Setback  0’    The applicant shall provide the following amenities as proposed as part of a Planned-Unit Development: Apartment Complex Amenities: Pool and Pool House Bocce Ball Courts (minimum 2) Two--50 x 100 open lawn areas Tot Lot Picnic/Pergola Shade structures Dog Park with 4’ wrought iron view fence Minimum 10% qualifying open space Connecting pathways including major pathway and micro pathways Multi-family (2-6 plex) Amenities: (shared facilities for all residential development) 10% Open Space, micro and major connecting pathways Community Nodes as shown on Landscape Plan Exhibit (A15) Fitness Stations Passive Log installations Tot Lot Pickleball Courts (minimum 2) ½ Basketball Court (must be provided separate from Pickleball Courts) Shade Sail structure 6’ View fence- 2 Rail Wrought Iron along Wilson Drain pathway as shown on Exhibit A15 Vinyl privacy fencing on each lot as shown on Exhibit A15. Must comply with City of Caldwell Fencing regulations including vision triangle requirements. Wilson Drain Major Pathway –8’ wide with 5’ landscaping on each side with open view fencing as proposed on plan Single Family Residential Amenities: Micro and major connecting pathways Passive Community Node as shown on Landscape Plan Exhibit (A15) in Storm Drainage area 6’ View fence- 2 Rail Wrought Iron along Wilson Drain pathway as shown on Exhibit A15 Vinyl privacy fencing on each lot as shown on Exhibit A15. Must comply with City of Caldwell Fencing regulations including vision triangle requirements. Retail Commercial Area: There shall be landscaped outdoor gathering spaces provided for and between the Commercial flex units in substantial compliance with the plan Exhibit A15. Mini-Storage Commercial Area: The facility shall be screened from public view on all sides with enhanced wall structures as provided for in Exhibit A21 page 19 inclusive of rock, stone/plaster, and corrugated metal panels. Enhanced landscaping along the corridor and fence line required. A differing land use buffer between the storage units and the adjacent property to the east is required and shall reflect the landscape plan as shown in Exhibit A22. A differing land use buffer is also required on the south boundary of the storage units and shall be installed in accordance with the landscape plan Exhibit A15. Any deviation from the proposed structures shall require the Planning and Zoning Director review and approval. All internal parking and driving aisles shall be paved within the mini-storage facility. The mini-storage facility shall not be utilized for hobby shops, storage condos, or human habitation. The mini-storage facility shall be commenced (construction drawings approved and a building permit obtained) within six years of the signing of Order of Decision for annexation and preliminary plat. The mini-storage facility shall not place, hang or paint signage on the perimeter wall/fencing of facility. RV/Trailer Parking (Lot 1 Block 3) located south of the Wilson Drain and east of Celeste Avenue shall be for the residents within Enclave Subdivision only. The lot shall be fenced with the proposed stone, plaster and corrugated metal as shown for the mini-storage facility Exhibit A21 page 19. The lot shall be paved and maintained in compliance with the city nuisance code. Storage shall be maintained in a neat and orderly configuration on the property. Care should be taken to minimize the visual impact of the stored vehicles/trailers to the neighboring development to the south. Trash receptacles: The developer shall provide sufficient trash bin locations to all phases of development for the commercial units, apartment units, and the multi-family 2-6 plex units. All trash bin locations shall be screened and landscaped to minimize the visual impact to the residents and users of the public streets. An updated plan shall be provided to the Planning and Zoning Department prior to the City Council hearing for the annexation and preliminary plat. The Apartment Complex proposes 192 units. The Pool and Clubhouse facilities and landscaping shall be completed prior to or in conjunction with the permitting of the third apartment unit (6 total proposed units) in the apartment complex (approximately ½ of the units constructed or in construction). The common driveways for the 4-Plex multi-family units shall comply with the requirements of §11-03-02 (14). Lots 3-14 Block 3: the residential unit nearest the public street (Flagstone Street) must be constructed with the primary entrance (front door) facing the public street. The Commercial Retail lots shall not be utilized for residential construction. The purpose and intent for these properties is to provide retail/business services to the surrounding community. The development shall comply with the Article 10-01-10 Sign Schedule (as amended) unless further restricted herein. The Commercial lots shall not have individual pole or monument signs. Wall signs in accordance with the ordinance requirements may be permitted. There shall be no billboards or additional signage located on this property or in any portion of the right-of-way along the Karcher Road corridor other than provided for herein. 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 developer shall provide a detailed phasing plan. 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. 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. Ownership: A planned unit development shall be under single ownership/control during the planning and development 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. The developer proposes a commercial retail section inclusive of Lots 2-6, Block 8. These lots are to be developed as commercial retail/services. The uses that shall be permitted or permitted with a special use permit approval shall be in accordance with the modified land use table attached hereto as Exhibit A24. The applicant shall develop design guidelines for both the commercial and residential structures on the site to set a baseline standard for architectural design throughout the project. If not provided and approved by City Council the development designs shall be consistent with proposed design elevations provided for in the Project Narrative, Exhibit A21 and Enclave Case file.