HomeMy Public PortalAbout2020.07.23 SUB-20-01 Council Findings and Conclusions - Flynn Subdivision Instrument # 430829
VALLEY COUNTY,CASCADE,IDAHO
07-31-2020 16:42:14 No.of Pages:14
Recorded for:CITY OF MCCALL
DOUGLAS A.MILLER Fee:$0.00
Ex-Officio Recorder Deputy:AMF
Electronically Recorded by Simplifile
FLYNN SUBDIVISION—Findings of Fact
McCall City Council—July 23,2020
Page 1 of 14
IN RE: )
McCALL CITY COUNCIL
FLYNN SUBDIVISION ) FINDINGS OF FACT, CONCLUSIONS OF LAW,AND
Subdivision ) DECISION
Application Number: )
SUB-20-01
FINDINGS OF FACTS
Applicant: Wiseco, LLC
Representative(s): Skiftun Land Surveying
Application: A Subdivision Preliminary Plat application to divide on existing lot of 3.998 acres
into 8 lots total with 7 lots of 0.50 acres and 1 lot of 0.42 acres respectively.
Companion Application(s): N/A
Location: Tax Parcel number 25 situate in the N %of the NW%of the SW%of Section 3
T18N, R3E, B.M., City of McCall, Valley County, Idaho.
Property Address: TBD Flynn Ln., McCall, ID
Pre-Application Meeting Date: September 10, 2019
Public Notices: Newspaper:The Notice of Hearing was published in the Star News on July 2,
2020.
Mailing:The applicant mailed the Notice of Hearing to property owners within
300 feet on July 1, 2020.
Posting:The applicant posted the Notice of Hearing on the subject property on
July 1, 2020.
Procedural History: During their regularly scheduled May 5, 2020 meeting, the McCall Area Planning
and Zoning Commission held a properly noticed public hearing and unanimously
recommended this applicant to the McCall City Council for approval.
FLYNN SUBDIVISION—Findings of Fact
McCall City Council—July 23,2020
Page 2 of 14
Zoning Districts: R4—Low Density Residential
Property Size: 3.988 acres
Parking Spaces: Per MCC 3.8.062,two parking spaces are required for every single-family
residence. Parking will be provided on each parcel as they develop.
APPROVAL STANDARDS
Title 9, Chapter 1
Subdivision and Development Provisions
1. The applicant, based on the size of the proposed subdivision,was not required to submit an
accompanying Planned Unit Development application [MCC 9.1.02.E&Table 9.1.02]. Per MCC
9.1.02 a Planned Unit Development application is required in conjunction with a subdivision
application in the R4—Low Density Residential Zone when the development exceeds 4.0 acres in
size.The proposed development is 3.988 acres and is therefore not required to submit an
accompanying Planned Unit Development application.
2. No subdivision shall be approved which affects the ability of a political subdivision of the state,
including school districts,to deliver services without compromising quality or service delivery to
current residents or imposing substantial additional costs upon current residents, unless the
subdivider provides for the mitigation of the effects of subdivision [MCC 9.1.02.G].The proposal is
for eight(8) parcels and is therefore not considered a large subdivision, as such, the proposed
development will not put undue pressure on the school district or other public service providers.
3. When an owner of contiguous parcels proposes to subdivide any portion of the contiguous
parcels, an area development plan shall be submitted and approved.The commission and
council shall evaluate the following basic site criteria and make appropriate findings of fact
regarding the area development plan [MCC 9.1.02.H].
FLYNN SUBDIVISION—Findings of Fact
McCall City Council—July 23,2020
Page 3 of 14
a. Streets,whether public or private, provide an interconnected system and shall be
adequate to accommodate anticipated vehicular and pedestrian traffic and to meet
the requirements of its functional classification.The subdivision is accessed by an
existing interconnected public street system that has been determined to be adequate
to accommodate the anticipated vehicular and pedestrian traffic.
b. Nonvehicular circulation routes provide safe pedestrianways and bicycleways and
provide an interconnected system to streets, parks and green space, public lands, or
other destinations. Flynn Ln. provides an interconnected street system with access to
both Carico Ln. and Balshae Dr. Flynn Ln. is not designated for any additional pathways
improvements in the McCall Area Pathways Master Plan.There is however, an existing
natural surface pathway to the rear of the proposed development on the Ponderosa
Sate Park property.
c. Water main lines and sewer main lines are designed in the most effective layout
feasible and meeting the applicable standards.Water and sewer infrastructure exist
within the Flynn Street right-of-way.
d. Other utilities, including power,telephone, and cable, are designed in the most
effective layout feasible. All utilities shall be installed underground, including the
existing overhead power utilities,which shall be relocated underground in accordance
with Idaho Power specifications.
e. Park land is most appropriately located on the contiguous parcels. Per MCC 9.3.101, a
parks contribution is required when a development includes nine (9) or more parcels.
The proposed development is for eight (8) lots, and is therefore not subject to this
requirement. However, the development is immediately adjacent to extensive State
Park lands.
FLYNN SUBDIVISION—Findings of Fact
McCall City Council—July 23,2020
Page 4 of 14
f. Grading and drainage are appropriate to the contiguous parcels.A roadside drainage
ditch shall be required across the entire frontage of the parcels. Such ditch shall be 2'
deep, and 3:1 sideslopes.The proponents engineer shall contact Cris Malvich, Streets
Superintendent at 208.634.8946 to discuss specific requirements. A plan shall be
submitted to the City Engineer for review and approval of the design of such ditches. A
Public Works Permit is required prior to any construction.
g. Development avoids easements and hazardous or sensitive natural resource areas. No
hazardous or sensitive areas are identified on site. An existing powerline easement
bisects all parcels and shall not be constructed over when the parcels are developed.
4. The subdivision application contains more than four(4) lots and is therefore not eligible for
the Record of Survey procedure [MCC 9.1.05.B.1].The subdivision contains eight (8) lots and is
therefore not eligible for the Record of Survey procedure.
5. All subdivisions of land, records of survey, and all dedications and vacations of streets must
comply with the McCall area comprehensive plan as adopted by the council and with the
current zone as defined in title Ill of the McCall City Code [MCC 9.1.06].The proposed
subdivision complies with all requirements of the McCall City Codes Titles 3 and 9 and is
accordance of the McCall Comprehensive Plan goal of maintaining McCall's small town feel.
Subdivision Design Standards [MCC Title 9, Chapter 3]
1. Blocks:The access allows for only one tier of blocks.
2. Lots:The lot size,width, depth, shape, orientation, and the minimum building setback lines
conform to applicable zoning and be appropriate for the location of the subdivision and for the
type of development and use contemplated. Every lot abuts upon a street.
3. Streets:All access will be from Flynn Ln., which provides an interconnected street system with
access to both Carico Ln. and Balshae Dr. A roadside drainage ditch shall be required across the
FLYNN SUBDIVISION—Findings of Fact
McCall City Council—July 23,2020
Page 5 of 14
entire frontage of the parcels. Such ditch shall be 2' deep, and 3:1 sideslopes.The proponents
engineer shall contact Cris Malvich, Streets Superintendent at 208.634.8946 to discuss specific
requirements. A plan shall be submitted to the City Engineer for review and approval of the
design of such ditches. A Public Works Permit is required prior to any construction.
4. Alleys: N/A
5. Easements:A new twelve (12)foot wide snow storage and utility easement is identified along
the Flynn St. frontage. Prior to execution and recordation of the Subdivision Final Plat, all
easements shall be indicated on the final plat and shall be formally documented with signed
declarations and recorded with the plat.
6. Pedestrian and Bicycle Pathways and Greenbelts: Flynn Ln. is not designated for any additional
pathways improvements in the McCall Area Pathways Master Plan.There is however, an existing
natural surface pathway to the rear of the proposed development on the Ponderosa Sate Park
property.
7. Snow Storage:A new twelve (12)foot wide snow storage and utility easement is identified
along the Flynn St. frontage.
8. Monuments and Signage: None proposed.
9. Parks: Per MCC 9.3.101, a parks contribution is required when a development includes nine (9)
or more parcels.The proposed development is for eight (8) lots, and is therefore not subject to
this requirement. However, the development is immediately adjacent to extensive State Park
lands.
Subdivision and Development Improvement Requirements [MCC Title 9, Chapter 6]
1. Streets:All access will be from Flynn Ln., which provides an interconnected street system with
access to both Carico Ln. and Balshae Dr. A roadside drainage ditch shall be required across the
entire frontage of the parcels. Such ditch shall be 2' deep, and 3:1 sideslopes.The proponents
FLYNN SUBDIVISION—Findings of Fact
McCall City Council—July 23,2020
Page 6 of 14
engineer shall contact Cris Malvich, Streets Superintendent at 208.634.8946 to discuss specific
requirements. A plan shall be submitted to the City Engineer for review and approval of the
design of such ditches. A Public Works Permit is required prior to any construction.
2. Street Name Signs: N/A
3. Street Lighting: N/A
4. Sidewalks: Flynn Ln. is not designated for any additional pathways improvements in the McCall
Area Pathways Master Plan.There is however, an existing natural surface pathway to the rear of
the proposed development on the Ponderosa Sate Park property.
5. Drainage Facilities:A roadside drainage ditch shall be required across the entire frontage of the
parcels. Such ditch shall be 2' deep, and 3:1 sideslopes.The proponents engineer shall contact
Cris Malvich, Streets Superintendent at 208.634.8946 to discuss specific requirements.A plan
shall be submitted to the City Engineer for review and approval of the design of such ditches. A
Public Works Permit is required prior to any construction.
6. Water Supply:Water service to each parcel shall be required at the time of development of
each parcel. Capitalization and connection fees shall be paid at the then-current rates in effect.
Please contact Levi Brinkley, Water Distribution System Supervisor at 208.634.1011 for more
information concerning water meter and service requirements.
7. Sanitary Sewer:The sewer district has reviewed the subdivision application and determined
that the proposed development meets the allowed sewer design density. Additional sewer
service connections per District specifications will need to be installed for some of the lots. Prior
to issuance of a building permit for any parcel, proof of sewer connection permit is required.
8. Dry Lines: N/A
FLYNN SUBDIVISION—Findings of Fact
McCall City Council—July 23,2020
Page 7 of 14
9. Paved Pathways: Flynn Ln. is not designated for any additional pathways improvements in the
McCall Area Pathways Master Plan.There is however, an existing natural surface pathway to the
rear of the proposed development on the Ponderosa Sate Park property.
10. Underground Power and Telephone:There are existing overhead power lines bisecting all
parcels. As a condition of approval,the applicant is required to relocate all existing overhead
utilities underground. In addition, all new utilities shall be installed underground.
11. Landscaping:All parcels are heavily treed. No trees are proposed for removal at this time.
12. Irrigation Wells: N/A
13. Drainage:A roadside drainage ditch shall be required across the entire frontage of the parcels.
Such ditch shall be 2' deep, and 3:1 sideslopes.The proponents engineer shall contact Cris
Malvich, Streets Superintendent at 208.634.8946 to discuss specific requirements. A plan shall
be submitted to the City Engineer for review and approval of the design of such ditches. A Public
Works Permit is required prior to any construction.
14. Building Numbers: Building numbers are required to be displayed in accordance with McCall
Addressing Standards prior to issuance of a certificate of occupancy.
15. Perimeter Walls, Gates and Berms: N/A
16. Perimeter Fencing: None proposed
17. Driveways: Drive approaches shall be permitted by the Public Works Streets Department at the
time of development of each parcel. Drive approaches shall be located a minimum of 10' from
property lines, such that the minimum space between any two drive approaches shall not be
less than 20'. Drainage culverts may be required for crossings of the roadside ditch.
Development Agreement [MCC 9.6.06]
FLYNN SUBDIVISION—Findings of Fact
McCall City Council—July 23,2020
Page 8 of 14
The developer is not currently proposing to defer any public infrastructure,therefore a development
agreement is not required. At a future date, if the developer chooses to record a final plat prior to
completion of all public improvements, a development agreement could be required.
Other Provisions Applicable to All Subdivisions and Development [MCC 9.7.09]
1. Public Places: N/A
2. Streets and Access:All access will be from Flynn Ln.,which provides an interconnected street
system with access to both Carico Ln. and Balshae Dr.A roadside drainage ditch shall be
required across the entire frontage of the parcels. Such ditch shall be 2' deep, and 3:1
sideslopes.The proponents engineer shall contact Cris Malvich, Streets Superintendent at
208.634.8946 to discuss specific requirements. A plan shall be submitted to the City Engineer for
review and approval of the design of such ditches. A Public Works Permit is required prior to any
construction.
3. Culture/Community: No historic ranching or farming operations, buildings, or scared site are
identified within the development.
4. Visual
a. Identify and preserve unique views.The development does not impede any unique
views.
b. Minimize exotic landscaping,the size of building footprints, and the amount of
impervious surface devoted to roadways. Building footprints are not identified. As each
lot develops it will be required to meet McCall development standards. An existing road
is utilized to access the development, so no new roadways and required.
c. Where vegetation of the natural landscape is sparse, limit additional landscape
plantings, except for native plants.The proposed parcels are all heavily treed with
native vegetation,which will remain.
FLYNN SUBDIVISION—Findings of Fact
McCall City Council—July 23,2020
Page 9 of 14
d. Where natural vegetation or topography does not allow for"hiding" development,
locate structures such that they are subordinate to the horizon and significant view
sheds. All proposed parcels are heavily treed and any future development can easily be
screened with existing vegetation.
e. Cluster developments in a manner so as to maximize visually significant open space.
N/A
f. Nestle structures below ridgelines and with the folds of hills. N/A
g. Avoid or mitigate ridge top "skylining" that alters the natural land profiles with built
structures. N/A
h. Minimize visual clutter within scenic corridors.The development is not located on a
scenic corridor.
i. Design buildings on hillsides to follow the natural terrain in a manner that minimizes
earth disturbance. N/A
j. Preserve and protect significant foreground views along scenic corridors.The
development is not located within a scenic corridor.
k. Avoid fencing altogether to allow the landscape to flow uninterrupted. No fencing is
proposed at this time.
5. Architecture and Design: No structures or design guidelines are proposed at this time. Each lot
will be sold and developed individually and shall adhere to all elements of the McCall City Code
and Design Guidelines at the time of development.
DEPARTMENT/AGENCY COMMENTS
McCall City Engineer
In an email dated April 23, 2020, the City Engineer stated the following:
FLYNN SUBDIVISION—Findings of Fact
McCall City Council—July 23,2020
Page 10 of 14
1) The existing water line easement shall remain clear of all structures. No trees shall be planted
within the easement.
2) No development, structures or storage of any shall be allowed within the 12' snow storage and
utility easement across the frontage of the parcels with the exception of permitted drive
approaches.
3) A roadside drainage ditch shall be required across the entire frontage of the parcels. Such ditch
shall be 2' deep, and 3:1 sideslopes.The proponents engineer shall contact Cris Malvich, Streets
Superintendent at 208.634.8946 to discuss specific requirements. A plan shall be submitted to
the City Engineer for review and approval of the design of such ditches. A Public Works Permit is
required prior to any construction.
4) Drive approaches shall be permitted by the Public Works Streets Department at the time of
development of each parcel. Drive approaches shall be located a minimum of 10' from property
lines, such that the minimum space between any two drive approaches shall not be less than
20'. Drainage culverts may be required for crossings of the roadside ditch.
5) Water service to each parcel shall be required at the time of development of each parcel.
Capitalization and connection fees shall be paid at the then-current rates in effect. Please
contact Levi Brinkley, Water Distribution System Supervisor at 208.634.1011 for more
information concerning water meter and service requirements.
Payette Lakes Recreational Water and Sewer District (PLRWSD)
This application was distributed to the sewer district more than thirty(30) days prior to the May 5, 2020
McCall Area Planning and Zoning Commission meeting date. In a review letter dated March 10, 2020,
the PLRWSD stated:
1. We have reviewed the subdivision with the applicant, the subdivision meets the allowed sewer
design density.
FLYNN SUBDIVISION—Findings of Fact
McCall City Council—July 23,2020
Page 11 of 14
2. Additional sewer service connections per District specifications will need to be installed for
some of the lots.
Idaho Transportation Department (ITD)
In an email dated March 4, 2020, ITD stated they had no comments on the application.
Valley County Surveyor
In an email dated April 3, 2020, the County Surveyor stated that he had no comments on the application
at this time.
Idaho Department of Lands (IDL)
In an email dated April 3, 2020, IDL stated they had no comments on the application.
McCall Fire
In an email dated March 13, 2020, McCall Fire stated they had no comments on the application.
Central District Health (CDH)
In a review letter dated March 3, 2020, CDH stated that a Subdivision Application and engineering report
will be required and that the plans must be submitted to and approved by the Idaho Department of
Environmental Quality.
CONCLUSIONS OF LAW
1. The City of McCall has provided for the processing of application for Subdivision, authorized by
Section 67-6512, Idaho Code, pursuant to Title 3, Chapter 13 of McCall City Code.
2. Adequate notice of the July 23, 2020 public hearing was provided, pursuant to Section 67-6512,
Idaho Code and Title 3, Chapter 15 of McCall City Code.
3. Upon compliance with the conditions noted below,the application meets the Subdivision Standards
set forth in Title 9 of McCall City Code.
FLYNN SUBDIVISION—Findings of Fact
McCall City Council—July 23,2020
Page 12 of 14
DECISION
THEREFORE,the McCall City Council hereby approves this Subdivision application, provided that the
following conditions are met:
1. Prior to any site work or disturbance, the applicant shall receive final engineering approval:
a. The existing water line easement shall remain clear of all structures. No trees shall be
planted within the easement.
b. No development, structures or storage of any shall be allowed within the 12' snow storage
and utility easement across the frontage of the parcels with the exception of permitted
drive approaches.
c. A roadside drainage ditch shall be required across the entire frontage of the parcels. Such
ditch shall be 2' deep, and 3:1 sideslopes.The proponents engineer shall contact Cris
Malvich, Streets Superintendent at 208.634.8946 to discuss specific requirements. A plan
shall be submitted to the City Engineer for review and approval of the design of such
ditches. A Public Works Permit is required prior to any construction.
d. Drive approaches shall be permitted by the Public Works Streets Department at the time of
development of each parcel. Drive approaches shall be located a minimum of 10' from
property lines, such that the minimum space between any two drive approaches shall not be
less than 20'. Drainage culverts may be required for crossings of the roadside ditch.
e. Water service to each parcel shall be required at the time of development of each parcel.
Capitalization and connection fees shall be paid at the then-current rates in effect. Please
contact Levi Brinkley,Water Distribution System Supervisor at 208.634.1011 for more
information concerning water meter and service requirements.
2. Prior to issuance of a building permit for any lot, proof of sewer permit shall be required.
3. All existing overhead utility lines shall be relocated underground.
FLYNN SUBDIVISION—Findings of Fact
McCall City Council—July 23,2020
Page 13 of 14
4. Prior to execution and recordation of the Subdivision Final Plat, the applicant shall construct all
required street improvements and underground the overhead utility lines and shall obtain final
approval of these aspects from the City of McCall. Alternatively, the applicant shall obtain approval
of a Development Agreement with the City and shall provide financial assurances for any deferred
improvements.
5. Pursuant to McCall City Code (MCC 9.2.06.H), preliminary subdivision plat approval shall lapse and
become void whenever the applicant has not applied for final plat approval within eighteen (18)
months from the date of preliminary plat approval by McCall City Council. Alternatively, the
applicant shall obtain approval of a Development Agreement with the City that details a phasing
plan and completion timeline.
6. Prior to execution and recordation of the Subdivision Final Plat, the applicant shall provide digital
files of the plat in accordance with the McCall Digital Data Submission Standards.
7. Prior to execution and recordation of the Subdivision Final Plat, all easements shall be indicated on
the final plat and shall be formally documented with signed declarations and recorded with the plat.
8. A full set of as built (record) drawings of all improvements intended for public use and maintenance,
including, but not limited to,water and sewer lines, and including also private and public streets,
shall be furnished to the city for the permanent records of the city within sixty(60) days of
completion of the construction.
9. If a Local Improvement District (LID) is formed by the property owners on Flynn Lane for the paving
of the street before May 1, 2022, then the applicant shall be responsible for the cost of the
construction along the length of the subdivision to the centerline and shall participate in the LID.
NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKING ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code §67-8003, an owner of real
property that is the subject of an administrative or regulatory action may request a regulatory taking
FLYNN SUBDIVISION—Findings of Fact
McCall City Council—July 23,2020
Page 14 of 14
analysis. Such request must be in writing and must be filed with the City Clerk not more than twenty-
eight(28)days after the final decision concerning the matter at issue. A request for a regulatory taking
analysis will toll the time period within which a Petition for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of McCall.
Pursuant to Idaho Code§67-6521,an affected person i.e.,a person who has an interest in real property
which may be adversely affected by the issuance or denial of the application to which this decision is
made, may within twenty-eight(28)days after the date of this Decision and Order,seek a judicial review
as provided by Chapter 52,Title 67, Idaho Code.
Findings of Fact adopted this 23rd day of July 2020.
4�0" `0 V'trj e�"1�400,
* + ..Rebert S. Giles, Mayor
Attest: y
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etteijQ
BessieJo Wagrt ,City Cler sisitimuoo��
STATE OF IDAHO,
: ss:
County of Valley
On this 3C day of .3 , 2O2. before me, a Notary Public, appeared
ROBERT S. GILES and BESSIEJO WAGNER, known, or identified to me to be the MAYOR and CITY CLERK,
respectively, of CITY OF MCCALL that executed the said instrument, and acknowledged to me that they
executed the same on behalf of THE CITY OF MCCALL.
SA* EDP
ON
(SEAtTARY PUBLIC-STATE OF ID • Notary Public
COMMISSION NUMBER 20200108
MY COMMISSION EXPIRES 1-10-2026