HomeMy WebLinkAboutPeregrine Estates 6 FP SR
Caldwell Planning & Zoning Department
STAFF REPORT / FINDINGS
Consent Item | City Council | 10/7/2024
Staff Planner: Alex Jones
CASE NO(s): SFP24-000007
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 Peregrine Estates 6 Subdivision consisting of 51 residential lots and 8 common lots on 15.97 acres in the R-1 (Low Density Residential) zone.
Project Name:
Peregrine Estates 6
Applicant:
Matt Price
Property Owner:
CHALLENGER DEVELOPMENT INC
Parcel ID Number(s):
R32818011D2
Property or Project Size:
15.97 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
#12 within Section I, Findings of Facts, within this report.
BEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
NOTE: THIS IS NOT A PREDETERMINED DECISION.
PORTIONS OF THE FINDINGS ARE WRITTEN IN AN APPROVAL AND DENIAL FORMAT. ALL EVIDENCE WILL BE CONSIDERED AND THE FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION WILL BE UPDATED PRIOR
TO FINAL SIGNATURE.
IN THE MATTER OF AN APPLICATION
FOR A FINAL PLAT APPROVAL FOR PEREGRINE ESTATES 6 SUBDIVISION CONSISTING OF 51 RESIDENTIAL LOTS AND 8 COMMON LOTS ON 15.97 ACRES IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONE.
Property Owner: CHALLENGER DEVELOPMENT INC
)
)
)
)
)
)
)
)
)
)
)
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND DECISION
Case No. SFP24-000007
FINDINGS OF FACTS
APPLICANT:
Matt Price
PROPERTY
OWNER:
CHALLENGER DEVELOPMENT INC
APPLICATION
REQUEST:
Application for final plat approval of Peregrine Estates 6 subdivision consisting of 51 residential lots and 8 common lots on 15.97 acres in the R-1 (Low Density Residential) zone.
SITE ADDRESS
AND LOCATION:
The subject site is located on the NEC of Lake Ave and Ropers Ln, with a property address of 0 LAKE AVE, described as a portion of 13-3N-3W NW TX 05907 IN NWSW LS TX 06501, 06502, 17497,
18457, 22578 & LS RD & R-O-W
ASSESSOR PARCEL NUMBER(S):
R32818011D2;
PROPERTY SIZE:
Approximately 15.97 acres, more or less
PUBLIC NOTICING:
The planning and zoning department notifies all political subdivisions providing services within the planning jurisdiction, including school districts who will be impacted by any changes
that have been proposed from what was originally approved on the preliminary plat.
Review of the final plat submitted determined there were no modifications proposed that would necessitate additional public agency notifications.
INTER-AGENCY AND EXTERNAL 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.
PRELIMINARY PLAT AND DEVELOPMENT
BACKGROUND
AND HISTORY:
The preliminary plat approval for Peregrine Estates (SUB-156P-06) was signed by the City Council on 5/21/2007 The Final Plat for Phase 5 was approved on 10/20/22.
This phase consists of 15.97 acres and includes 51 single-family residential lots.
APPLICABLE REGULATIONS
AND GUIDING DOCUMENTS:
City of Caldwell Zoning Ordinance No. 1451, as amended
City of Caldwell Subdivision Ordinance, as amended
Idaho Code, Title 67, Chapter 65, Local Planning Act
STAFF REVIEW AND ANALYSIS:
Residential Type
# of Lots
PP
FP No 1
FP No 2
FP No 3
FP No 4
FP No 5
FP No 6
Remaining
Single-Family Detached
449
43
44
50
84
69
51
108
Townhomes
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Duplex
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Triplex
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
4-, 5-, or 6-family
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Multi-family Apartments
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Common Lots
23
2
5
2
5
6
8
-5
Non-Residential
PP
FP No 1
FP No 2
FP No 3
FP No 4
FP No 5
FP No 6
Remaining
Commercial Acreage
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Open Space Acreage
14.98
.26
1.17
4.52
3.34
4.22
1.02
.45
Staff Comment: Construction drawings and the proposed final plat have been reviewed for conformance with city codes and with the approved preliminary plat. The planning and zoning
Department, in consultation with the engineering department, have determined the final plat is compliant with city code, as well as with the approved preliminary plat.
CITY COUNCIL DECISION:
Regarding the request for a final plat approval for Peregrine Estates 6 subdivision consisting of 51 residential lots and 8 common lots on 15.97 acres in the R-1 (Low Density Residential)
zone on Parcels R32818011D2, located in the 13-3N-3W NW TX 05907 IN NWSW LS TX 06501, 06502, 17497, 18457, 22578 & LS RD & R-O-W, the subject application was placed on the 10/7/2024
City Council consent agenda for consideration.
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 final plat is compliant with city code; and
The final plat is in compliance with the approved preliminary plat.
CONCLUSIONS OF LAW
The City of Caldwell has provided for the processing of Land Use permits authorized by Chapter 65, Title 67, Idaho Code, pursuant to Chapter 10 Zoning Regulations and Chapter 11 Subdivision
Regulations.
The record includes, but is not limited to all files, application documents, public notices, public comments and testimony, staff reports and memos, presented evidence and exhibits,
public hearing written minutes and audio, and the signed Findings of Facts, Conclusions of Law, and Decision.
The City Council is authorized to approve, approve with conditions, approve with modifications, or deny final plats in accordance with Section 11-02-03 (2) D of Caldwell City Code.
The City Council reviewed and considered all records, evidence, testimony, facts presented, applicable code standards, and approval criteria as specified within Caldwell City Code in
making their decision.
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 (SFP24-000007), are subject to the adherence of the following conditions:
General Requirements:
Development of the subject property shall be in conformance with all municipal codes, policies, standards, and regulations of the City of Caldwell, unless specifically stated otherwise
in a Development Agreement or in the
Order of Decision. NOTE: Failure to identify a code violation during the review of the plans DOES NOT give the applicant the right or permission to violate any codes, policies, standards
and/or regulations.
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.
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.
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.
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.
Fencing: Fencing must comply with Caldwell City Code Section 10-02-07.
Approval: This approval is for the application(s) specified herein only. Additional permits, licenses and approvals may be necessary.
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.
Business Licensing: All businesses operating within the corporate limits of the city shall obtain a business permit license prior to commencing business operations.
Site Design and Development Standards:
General: 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.
Concept Site Plan: The concept site plan (Exhibit 1) represents the Owner’s current concept for completion of the Project. As the site layout evolves, the city understands and agrees
that certain changes in that concept may occur or be required. If the City determines that any such changes require additional public comment due to potential impacts on surrounding
property or the community, a public hearing shall be held on any proposed changes in the Concept Plan and notice shall be provided as may be required by the City. The Owner understands
and agrees that any changes or modifications to the site plan must be submitted to the City for review and approval prior to development.
Building Elevations: The building elevations (Exhibit 1) represent the Owner’s current concept for the style of architecture, architectural features, colors, finishes and materials,
and surrounding landscaping for the project. As the building design evolves, the city understands and agrees that certain changes in that concept may occur or be required. If the City
determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, or that such change is a substantial enough change
from the elevations presented to the public, a public hearing shall be held on the proposed changes and notice shall be provided as may be required by the City. The Owner understands
and agrees that any changes or modifications to the building elevations must be submitted to the City for review and approval prior to construction of such.
Stormwater: Strict adherence to the "Caldwell Stormwater Management Manual", as adopted by the city council as well as any subsequent adopted updates, is required. NOTE: Any modifications
necessary to the original approved stormwater design where additional stormwater retention or detention facilities are required, or where the approved retention and detention facilities
are required to be expanded, still requires adherence to
the requirements for minimum open space, landscape buffers, lot sizes and setbacks.
Landscaping Specific Requirements:
Compliance: The applicant shall comply with all landscaping requirements based on Caldwell City Code.
Landscape Plan: The Landscape Plan (Exhibit 1) represents the approved landscape plan. Any changes to the landscape plan must be submitted to the City for review and approval prior
to installation.
If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, or that such change is a substantial
enough change from the landscape plan presented to the public, a public hearing shall be held on the proposed changes and notice shall be provided as required by the City.
Landscape Maintenance: All landscaping and screening devices shall be maintained in an attractive, live, safe and healthy manner.
Subdivisions: The home owner’s association is responsible for maintaining all common area landscaping and screening devices within a subdivision, development, and/or the subject property.
Parking Lot Landscaping: Linear grouping of parking spaces shall not exceed twelve (12) in a row, without the installation of an interior landscape planter island. Landscape planter
islands shall contain a minimum of sixty (60) square feet of area when serving a single row of parking. Landscape planter islands shall contain a minimum of one hundred twenty (120)
square feet of area when accommodating a double row of parking spaces. Islands shall contain a minimum of one Class 1 or 2 tree and shall be covered with a combination of low shrubs,
lawn or other vegetative or nonvegetative ground cover if wet landscaping is utilized. If dry landscaping is utilized, the island shall be covered with rock ground cover and a minimum
of one boulder and there shall be no requirement for vegetation. Class 3 trees are prohibited in the interior planter islands.
Street Landscape Buffers: The street landscape buffers shall contain a mixture of sod, trees (deciduous and evergreen), shrubs, lawn, vegetative and non-vegetative ground cover so that
the entire buffer area is covered. Plantings shall meet or exceed the minimum plant sizes as follows:
TYPE
MINIMUM (at planting)
Sod Grass
70% of the buffer area
Evergreen trees
6-to-7-foot in height
Ornamental trees
2-inch caliper
Shade trees
2-inch caliper
Shrubs
2-gallon
Perennials
2-gallon
Ground Cover
1-gallon
Subdivision Specific Requirements:
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.
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 build out 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.
Plat Expirations:
Final plats must be submitted for approval within twenty-four (24) months of the date of signature on the approving order of decision for the preliminary plat;
Final plats must be recorded for a single-phase development or for the first phase of a multi-phase development within twenty-four (24) months of the date of signature on the approving
order of decision for the final plat. For phased subdivisions, see 11-02-02 (1).
Final Plat Submission: Final plat applications shall be submitted to the planning and zoning department at the same time as the application for review of construction drawings has been
submitted to the engineering department.
Phased Subdivisions: The subdivider may file and obtain acceptance of successive final plats for continuous segments of the approved preliminary plat without reapplication for preliminary
plat approval, provided that final plats are recorded in successive intervals of not more than two (2) years each, as measured from the date of recordation of the prior phase final
plat, and provided that "city code", as herein defined, and any subsequent amendments as adopted by the city before, during or after preliminary plat approval, is followed in all design,
engineering plans, construction and final plats for all phases, with the exception of lot sizes, lot dimensions, setbacks, number of lots and any exceptions approved at the time of
preliminary platting, which shall remain as indicated in the preliminary plat order of decision and/or development agreement.
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.
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.
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.
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.
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.
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 Peregrine Estates 6 subdivision consisting of 51 residential lots and 8 common lots on 15.97 acres in the R-1 (Low Density Residential) zone
on Parcels R32818011D2, located in the 13-3N-3W NW TX 05907 IN NWSW LS TX 06501, 06502, 17497, 18457, 22578 & LS RD & R-O-W, is APPROVED SUBJECT TO THE CONDITIONS OF APPROVAL LISTED
HEREIN.
These Findings of Fact, Conclusions of Law and Decision are for Peregrine Estates 6 Subdivision approved and adopted by the Caldwell City Council on this date, 10/07/2024
_____________________________________ __________________
Jarom Wagoner, Mayor 10/7/2024
ATTEST:
_____________________________________
Debbie Geyer, City Clerk
City of Caldwell
EXHIBITS
Exhibit 1: Application Documents
Application
Narrative
Vicinity Map
Final Plat
Approved Preliminary Plat
Landscape Plan