HomeMy WebLinkAboutSR_CC_Soterra No. 1 FP (2)CASE NO(s): SFP24-000014
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 Soterra Subdivision No. 1
consisting of 60 single family buildable lots
and 9 common lots.
Project Name: Soterra No. 1
Applicant: Tamara Thompson, The Land Group, Inc.
Property Owner: Landex ID Soterra, LLC
Parcel ID Number(s): R3258300000
Property or Project Size: Approx. 24.34 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.
Caldwell Planning & Zoning Department STAFF REPORT / FINDINGS
Consent Item | City Council | 11/4/2024
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 SOTERRA NO. 1.
Property Owner: Landex ID Soterra, LLC.
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND DECISION
Case No. SFP24-000014
I. FINDINGS OF FACTS
1. APPLICANT: Tamara Thompson, The Land Group, Inc.
2. PROPERTY
OWNER:
Landex ID Soterra, LLC
3. APPLICATION
REQUEST:
Application for final plat approval of Soterra No. 1, consisting of 60 single family
buildable lots and 9 common lots.
4. SITE ADDRESS AND LOCATION: The subject site is located on the SWC of Ustick Road and Kimball Ave., with a
property address of 205 W. Ustick Rd., described as a portion of 04-3N-3W NE GOVT
LT 2-N OF PHYLLIS CANAL,, SWNE-N OF PHYLLIS CANAL T73693 (W ½ of the
NE ¼ of Section 4, T3N, R2W, BM).
5. ASSESSOR PARCEL NUMBER(S):
R3258300000
6. PROPERTY SIZE: Approximately 24.34 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. PRELIMINARY PLAT AND DEVELOPMENT BACKGROUND AND HISTORY:
The preliminary plat approval for Soterra Subdivision (SUB-21P-01) along with the
annexation (ANN21-000004) was signed by the City Council on 3/8/2022. There were a
total of 60 single family residential lots approved within the R-1 zone, and 15.8 Acres
of commercial within the C-2 zone.
This phase consists of 24.34 acres and includes 60 single-family residential lots, 9
common lots with 1.52 AC of qualifying open space.
The future phases 2 and 3 consist of the 15.8 AC of commercial development.
9. 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
10. STAFF REVIEW AND ANALYSIS: Residential Type # of Lots PP FP No 1 Remaining
Single-Family Detached 60 60 -
Common Lots 12 9 n/a
Non-Residential
PP FP No 1 Remaining
Commercial Acreage 15.8 AC - 15.8 AC
Open Space Acreage 1.52 AC 1.52 AC -
Amenities Approved Pickleball Court Playground area Sheltered picnic area
Pickleball Court Playground area Sheltered picnic area
n/a
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. 11. CITY COUNCIL DECISION: Regarding the request for a final plat approval for Soterra Subdivision No. 1, a mixed-use subdivision with this phase consisting of 60 single-family lots and 9 common lots in an R-1 (Low Density Residential) zone on approximately 24.34 acres on Parcel R3258300000, located in the W ½ of the NE ¼ of Section 4, T3N, R2W, the subject application was placed on the 11/4/2024 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:
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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.
The approval of the application requests for (SFP24-000014), are subject to the adherence of the following conditions:
A. Site Specific Requirements:
1. At time of final landscape inspection, the 8’ pathway along the Phyllis canal, in its entirety, shall be installed.
Landscaping, signage and other requirements will be required to be installed with each appropriate phase.
2. If application(s) CPM24-000001_DEV24-000001_PUD24-000002_SUB24-000011_ZON24-000002 are
approved by City Council, any additional conditions that are applicable to this phase, shall also be required.
B. General Requirements:
1. 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.
2. 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.
3. 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.
4. 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.
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.
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6. Fencing: Fencing must comply with Caldwell City Code Section 10-02-07.
7. Approval: This approval is for the application(s) specified herein only. Additional permits, licenses and
approvals may be necessary.
8. 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.
9. Business Licensing: All businesses operating within the corporate limits of the city shall obtain a business
permit license prior to commencing business operations.
C. Site Design and Development Standards:
1. 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.
2. 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.
D. 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
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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. E. 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.
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.
F. 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.
G. Landscaping Specific Requirements:
1. Compliance: The applicant shall comply with all landscaping requirements based on Caldwell City Code.
2. 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.
3. 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.
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4. Landscape Maintenance: All landscaping and screening devices shall be maintained in an attractive, live, safe
and healthy manner.
5. 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.
6. 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.
7. 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
H. Subdivision Specific Requirements:
1. 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.
2. 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.
3. Plat Expirations:
Final plats must be recorded for a single-phase development or for the first phase of a multi-phase
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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).
4. 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.
5. 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.
6. 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.
I. Planned Unit Development Specific Requirements:
1. PUD 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.
2. PUD Amenities: 50% of the amenities shall be completed with the first 80% of building permits issued for
the entire development. All amenities shall be completed prior to the final landscape inspection for street
buffers and open space.
3. PUD 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.
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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.
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 Soterra Subdivision No. 1, a mixed-use subdivision with this phase consisting of 60
single-family lots and 9 common lots in an R-1 (Low Density Residential) zone on approximately 24.34 acres on
Parcel R3258300000, located in the W ½ of the NE ¼ of Section 4, T3N, R2W, is APPROVED SUBJECT TO
THE CONDITIONS OF APPROVAL LISTED HEREIN.
These Findings of Fact, Conclusions of Law and Decision are for Soterra No. 1 FP approved and adopted
by the Caldwell City Council on this date, November 4th, 2024.
_____________________________________ __________________ Jarom Wagoner, Mayor Date of Decision ATTEST:
_____________________________________ Debbie Geyer, City Clerk City of Caldwell
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EXHIBIT 1 Application Documents
• Application
• Narrative
• Vicinity Map
• Final Plat
• Approved Preliminary Plat
• Landscape Plan
• Open Space Exhibit