HomeMy WebLinkAboutMason Creek Landing 5 FP_CC_SR (2)CASE NO(s): SUB24-000017
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 Mason Creek Grove #5
Subdivision consisting of 76 buildable lots.
Project Name: Mason Creek Landing #5
Applicant: Kent Brown
Property Owner: Providence Properties
LLC
Parcel ID Number(s): R3430101100 and
R3430701000
Property or Project Size: 24.92 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 | 10/7/2024
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 MASON CREEK
LANDING #5.
Property Owner: Providence Properties LLC
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND DECISION
Case No. SUB24-000017
I. FINDINGS OF FACTS
1. APPLICANT: Kent Brown
2. PROPERTY
OWNER:
Providence Properties LLC
3. APPLICATION
REQUEST:
Application for final plat approval of Mason Creek Landing #5, consisting of 76
buildable lots and 16 common lots.
4. SITE ADDRESS AND LOCATION: The subject site is located north of Linden Rd. between Middleton Rd. and Midland
Blvd., with a property address of 0 Linden Rd. and 19506 Middleton Rd., described as a
portion of SW ¼ of the SW ¼ of Section 29, T4N, R2W.
5. ASSESSOR PARCEL NUMBER(S):
R3430101100 and R3430701000
6. PROPERTY SIZE: Approximately 24.92 acres, more or less
7. 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.
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Review of the final plat submitted determined there were no modifications proposed
that would necessitate additional public agency notifications.
8. INTER-AGENCY AND EXTERNAL AGENCY COMMENTS:
Public agency comments have not been received at this time. Conditions from the City
Departments (Engineering, Mapping, and Fire) have been included in section III.
9. PRELIMINARY PLAT AND DEVELOPMENT BACKGROUND AND HISTORY:
The preliminary plat for Mason Creek Landing was approved by the City Council on
12/19/2016.
The preliminary plat for Mason Creek Landing (SUB16P-02) was approved by the City
Council on December 5, 2016, allowing for 315 buildable lots. A plat amendment
(SUB-17P-02) was approved in June 5, 2017 to include an additional parcel, increasing
the number of buildable lots by 17, resulting in 332 buildable lots. This created a
breakdown of 311 single family lots and 21 4-plex lots. Phase 1 final plat was approved
by Council on July 20, 2020, Phase 2 final plat was approved by Council on July 20,
2020, a time extension (TE21-000006) was approved on December 6, 2021, Phase 3
was approved by Council on December 6, 2021 and Phase 4 was approved by Council
on April 4, 2022.
This phase consists of 24.92 acres and includes 68 single family lots and 9 4-plex lots.
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. STAFF REVIEW AND ANALYSIS: Mason Creek Landing No. 5 consists of 24.92 acres and includes 68 single family lots, 10 multi-family lots, and 16 common lots with 3.38 acres of open space. The number of building lots proposed as part of this phase is
compliant with the phasing plan sent. There are 79 single family lots remaining for Phase 6 and 11.17 acres of open space, resulting in a total of 18.55 acres of open space for the development. Residential Type # of Lots PP FP No 1 FP No 2 FP No 3 FP No 4 FP No 5 Remaining Single-Family 311 21 60 68 15 68 79
4-plex 21 - - - 12 9 0
Common Lots 24 4 4 3 10 16 n/a
Residential Type # of Buildings
PP FP No 1 FP No 2 FP No 3 FP No 4 FP No 5 Remaining 4-plex 21 - - - 12 9 0
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Residential Type # of Units PP FP No 1 FP No 2 FP No 3 FP No 4 FP No 5 Remaining 4-plex 84 - - - 48 36 0
Staff Comment: The subject final plat proposes no significant changes to the approved vehicular and pedestrian
connectivity. The proposed landscaping is in general conformance with the preliminary landscape plan approval. There are more common lots than originally approved, but that is not of concern, due to the open space being adequate. Public Access easements are shown over the public pathways on the final plat. Lot 10, Block 13 shows a
public access easement for the pathway that is leading to the pedestrian crossing that will lead to the City Park, that will be in Phase 6.
Due to the The 4-plex lots have been reduced, but they are utilizing the Caldwell City Code 10-02-03(6)7 that allows for a 10% reduction from the minimum lot size. This is not significant and still meets code requirements. There are a few
other lots that have changed size, some to increase in size, some to decrease in size, but none of this is of concern to staff.
12. CITY COUNCIL DECISION: Regarding the request for a final plat approval for Mason Creek Landing #5, a residential subdivision with 76 single-family lots and 16 common lots in an R-2 (Medium Density Residential) zone on approximately 24.92 acres on Parcels R3430101100 and R3430701000, located in the SW ¼ of the SW ¼ of Section 29, T4N, R2W, 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:
1. The final plat is compliant with city code; and
2. The final plat is in compliance with the approved preliminary plat.
II. CONCLUSIONS OF LAW
1. 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.
2. 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.
3. 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.
4. 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.
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.
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The approval of the application requests for (SUB24-000017), are subject to the adherence of the following conditions:
A. Site Specific Conditions:
1. Prior to recordation, the applicant shall place a Public Access Easement over Lot 6, Block 20 and Lot 3, Block 18
for the irrigation pathway along the Noble Drain, to be maintained by the Mason Creek Landing HOA.
B. General Conditions:
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. 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.
3. 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.
4. 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.
5. 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.
6. Bulk and Dimensional Standards: 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.
7. Fencing: Fencing must comply with Caldwell City Code Section 10-02-07.
8. This approval is for the application(s) specified herein only. Additional permits, licenses and approvals may be
necessary.
9. 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.
10. 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.
11. 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.
C. Landscaping Specific Requirements:
1. The applicant shall comply with all landscaping requirements based on Caldwell City Code, Chapter 10, Article 7.
2. Landscape Plan. The Landscape Plan (Exhibit 1) represents the Owner’s current concept for all existing and
proposed landscape street buffers, buffers between land uses, open space, parking lot landscaping, landscape
planters, existing and proposed trees, shrubs and plantings, micro and major pathways, landscape strips, public
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amenities, structures and equipment proposed for recreational use, common lots, common easements, school bus
stop areas, irrigation system and water source, and all other landscape improvements including, but not limited to,
earth berms, walls, trash enclosures, specialty lighting, required or proposed fences. The Owner understands and
agrees that any changes or modifications to the landscape plan must submitted to the City for review and approval
prior to installation. 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 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.
3. Landscape Maintenance: All landscaping and screening devices shall be maintained in an attractive, live, safe
and healthy manner. The controller as defined by Caldwell City Code is responsible for maintaining all
landscaping and screening devices within a subdivision and/or development and/or the subject property. As
applied to the subdivision or development process, the controller is understood to be the property owner,
association or person representing the property owner's interest with responsibility for abiding by the city's
standards, rules, regulations, policies, codes and ordinances.”
4. 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.
5. The street landscape buffers shall contain a mixture of trees (deciduous and evergreen), shrubs, lawn, vegetative
and non-vegetative ground cover so that the entire buffer area is covered. A minimum of seventy percent (70%)
of the buffer area shall be covered with a turf-type grass. For new plantings, grass sod installation is required.
Seeding, hydro-seeding, or similar methods shall not be allowed and the plant sizes shall meet or exceed the
minimum plant sizes as set forth in §10-07-04 (6) as follows:
Evergreen trees 6 to 7 foot height minimum
Ornamental trees 2 inch caliper minimum
Shade trees 2 inch caliper minimum
Woody shrubs 2 gallon pot minimum
D. Final Plat Expirations: 1. 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).
E. Plat Modifications or Replats:
1. 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. Affidavits of correction prepared, signed, and stamped by a professional land
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surveyor which fully describes each error and each correction to be made, by specific reference to the approved
plat, may be used to correct minor errors on a previously approved final plat. Such affidavits must be submitted
to the Planning and Zoning Department for review and approval prior to recording.
F. Final Plat Recordation: 1. Recorded Final Plat: A high quality, clear and legible PDF copy of the recorded final plat shall be submitted to the Engineering & Planning and Zoning Departments. Addresses will not be released until this is completed and reviewed for appropriate quality/resolution.
G. Engineering Department Conditions:
The following items shall be completed prior to the City Engineer signing the final plat. Said items cannot be deferred by posting a financial security: 1. Water System: The final plat cannot be signed until the water system has been constructed, pressure tested and clean water samples received. 2. Sewer System: The final plat cannot be signed until the sewer system has been constructed, pressure tested, CCTV video has been submitted and approved and interim as-builts have been approved by the Engineering
Department. 3. Pressurized Irrigation System: The final plat cannot be signed until the pressure irrigation system within the public right-of-way has been constructed and pressure tested. 4. Storm Drain System: The final plat cannot be signed until the storm drain system located within the public right-of-way has been constructed, passed visual inspection, and interim as-builts have been approved by the Engineering Department.
5. All-Weather Surfaces: The final plat cannot be signed until all-weather surfaces are in place, compaction test results have been submitted and approved for roadways and emergency accesses and, if paved, core sample results
have been submitted and approved. 6. Street Signs: The final plat cannot be signed until all street signs have been installed to City standards and
approved. 7. Construction Security: Construction security (compliant with current City Code requirements) must be provided
for all items which are not among the items listed above, and which are not yet completed before the City Engineer can sign the final plat. The City must be in agreement on a construction security amount for those improvements. 8. Final Plat Review: The final plat drawing shall be submitted to the Engineering Department for review prior requesting signatures on the final plat. Adequate review time (no less than 30 days) shall be provided by the Applicant. Final plats submitted for review must meet all State statutes and City codes, policies, and ordinances.
9. Addressing: In an effort to expedite the addressing process of the final plat, applicants shall submit electronic copies of the final plat, in both PDF and AutoCAD format, to the Engineering and Mapping departments as soon as possible. H. Fire Department Conditions:
1. 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.
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2. 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.
3. In addition, all other conditions as listed in Exhibit 2 must be met.
I. Mapping Department Conditions:
1. 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.
2. 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.
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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 Mason Creek Landing Subdivision No. 5, a residential subdivision with 76 single-
family lots and 16 common lots in an R-2 (Medium Density Residential) zone on approximately 24.92 acres on
Parcel R3430400000, located in the SW ¼ of the SW ¼ of Section 29, T4N, R2W, is APPROVED SUBJECT
TO THE CONDITIONS OF APPROVAL LISTED HEREIN.
These Findings of Fact, Conclusions of Law and Decision are for Mason Creek Landing #5 approved and
adopted by the Caldwell City Council on this date, October 7, 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
• Approved Amended Preliminary Plat
• Landscape Plan
• Open Space Exhibit
• Phasing Plan
Exhibit 2: Agency Comments
• Mapping Memo
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EXHIBIT 1 Application Documents
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EXHIBIT 2 Agency Comments