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HomeMy WebLinkAboutCity Council SUB 03-97 Pal ShawL a CITY COUNCIL ITEM DATE c.c- \A.[inulco- gr&rr 6 c_L-e b+.cis\ on \h)W l8,Pq1 t ag, rqql SUBMITTED BY B.rt^(Jo t?rt&Z_ A^-a^ \a,*.,s l*o BEFORE THE MAYOR AND CITY COUNCIL CITY OF CALDWELL, IDAHO COURSE OF PROCEEDINGS cAsE NO. SUB-03F-97, COURSE OF PROCEEDINGS, FINDINGS OF FACT, APPLICABLE LEGAL STANDARDS, CONCLUSIONS OF LAW, AND ORDER OF DECtStON 11 The Planning and Zoning Commission, with five members present, heard a request on May 15, 1997, for preliminary and final subdivision plat approval of Pal-Shaw Estates. At said hearing, the Commission voted unanimously to approve the preliminary plat and to recommend to City Council that final plat approval be granted. 1.2 The Caldwell Community Development Department issued a notice of public hearing on this application for final plat (SUB-03F-97) to be held on August 1 8, 1997. Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, have been met. On August '1 , 1 997, notice was published in the ldaho-Press Tribunei on August 1 , 1997, notice was mailed to all property owners within 300 feet of the project site; and on August 1 1 , 1997, notice was posted on the site. 1.3 Files and exhibits relative to this application are available for review in the Community Development Department, Caldwell City Hall, and were available for review at the hearing. FINDINGS OF FACT 2.1 APPLICANT(S)John and Sallie Palleria, 711 Kimberly Court, Caldwell, lD. 83605 2.2 OWNER (s)Arne and Barbara Stevens, 524 Hazel Street, Caldwell, ldaho, 83605 2.3 PROPOSAL: The Applicants sought final subdivision plat approval of Palshaw Estates to develop 3 residential lots located in the R-1 zone 2.3.1 This request was submitted under the requirements of Subdivision Ordrnance No. '1758, Article 2, Platting Procedures; Requirements, Section 11-02-07 (6), Short Plat Procedure. 2.4 BACKGROUND: This 3-lot plat was initially submitted as Phase I of a hvo-phased proposal for an Slot subdivision. A preliminary plat for the 8-lot subdivision was submitted along with a final plat of the 3Jot phase. The Applicants withdrew Phase ll at the preliminary hearing and requested review and approval of only the 3-lot subdivision. Planning and Zoning Commission members concurred, approval of the preliminary 3-lot plat was granted and a recommendation for final plat approval forwarded onward to Council for action. No conditions were placed on the final plat recommendation for this 3-lot subdivision proposal, as all conditions/requirements were related to Phase ll. cc"Q IN THE MATTER OF THE APPLIGATION OF JOHN AND SALLIE PALLERIA FOR FINAL SUBDIVISION PLAT APPROVAL OF PALSHAW ESTATES ) ) ) ) ) ) et 2.5 LOCATION: On the north side of Hazel Street and the east side of Meadow Avenue 2.6 LEGAL DESCRIPTION: A part of the NE 1/4 SW 1/4 of Section 28, Township 4 North. Range 3 W.B.t\/ 27 NATURAL RESOURCES AND HAZARDOUS AREAS The project site is not within the near vicinity of the Boise River or lndian Creek, and is not within a floodplain 28 LAND USE: The pro.iect site, and surrounding parcels, is zoned R-1 2.9 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential 2.9.1 2.9.2 2.10 Table 1, Land Use Schedule, Zoning Ordinance No. 1451, requires a minimum lot size of 6000 s.f. for interior lots and a minimum of 7500 square feet for corner lots. Proposed lot sizes for the three lots respectively exceed 8000 square feet. AREA OF CITY IMPACT: The project site is not within the Area of City lmpact. 2.11.1 As noted under Section 2.4, this plat was initially submitted as Phase I of a two-phase subdivision and was reviewed by the City Engineer as such. All of the improvements and/or requirements were related to Phase ll. 2.11.2 Schools - The Caldwell School District was notified of the final plat request through mailing of the public hearing notice on August 1 , 1997. 2.11.3 Fte Protection - The City's Fire Marshal, in a memorandum dated Aptll24, 1997, did not request any conditions to be placed on the plat. The Fire Marshall's request is in regard to addressing future dwellings that may be constructed on individual lots. 2.11.4 Utilities - Water/Sewer - Domestic water and sewage disposal will be provided by the City's water and sewage facilities. However, the Applicants must obtain an easement for utility installation across a portion of property initially known as Phase ll of Palshaw Subdivision. 2.1 1 .5 lrrigation - The project site is within the jurisdiction of the Pioneer lrrigation District. ln a letter dated August 12, 1 997, the District noted that there is a delivery point in place for the subdivision and that access to irrigation water is to be made available to each parcel. lf a pressurized irrigation system is installed, the Applicants must take certain steps including entering into a maintenance agreement with the District. lf a pressurized system is not installed and taken over by the District, no maintenance agreement is required. 2.11.6 Stormwater - The stormwater requirements placed on the plat at the time of preliminary review were related to Phase ll, which was withdrawn. However, stormwater issues are addressed at the time of building permit application for each lot; any requirements applicable to the respective lots would have to be met before a permit would be issued. The Comprehensive Plan defines Low Density Residential as "suitable primarily for srngle- family residences. Other uses characteristic of low density residential areas such as churches, schools, neighborhood parks, comparable public facilities and essential utility installations are appropriate. The residential density is from 1 to 6 dwelling units per net acre." 2-11 PUBLICFACILITIES: (.s-a oI 2.12 N R TION : The three lots will be accessed by Hazel Street, an existing local roadway with curb and gutter. Unless otherwise waived, the Applicants will be required to install a sidewalk along the three-lot frontage. 213 PARKS, RECREATION AND OPEN SPACE: The Applicants do not propose providing parks, recreation or open spaces. 2.14 HISTORIC AREAS: This property is not within the City's area of historic significance 2j5 HOUSING: Final approval of this subdivision will provide three additional residential sites to the City. 216 COMMUNITY DESIGN: The proposed project will be accessed by an Hazel Street III APPLICABLE LEGAL STANDARDS 32 JJ City of Caldwell Subdivision Ordinance No. 1758 City of Caldwell Zoning Ordinance No. 1451 City of Caldwell Comprehensive Plan IV CONCLUSIONS OF LAW Council members approved by reference the Findings of Fact and Conclusions of Law as approved by Planning and Zoning Commission members on May 15, 1997. Based upon these Findings of Fact and Conclusions of Law, and for the reasons stated, the City Council of Caldwell, ldaho, orders that Case No. SUB-03F-1 1-97, a request by John and Sallie Palleria for final subdivision plat approval of Palshaw Estates be approved. DATED THIS 2.? J- DAY OF AUGUST , 1997 BY ORDER OF THE MAYOR AND CITY COUNCIL OF CALDWELL, IDAHO ATTEST Richard der, Mayorn ,ry..Z 2,,4,.,,-Z-.*,BAZ-+/-*ea- Chuck Houc-hi6s-, Council President BAty JoRffiar, ot), cterk os" a VII ORDER OF DECISION lloo k l tl o o lage 24lt lloll call vo(e. I ltose volirrg yes: llorl. Busch, l,arrgnn, Wells, Ilouchirrs, arr<l ll,vans. 'l'hose voling no: rrorre. Atrsenl nnd ltot voting: none. I\4()VIl) by l:arl, .SI;.CIONI)lil) by F.vnrrs to close the l,rrblic [ [enring. Iloll cnll vole. 'lltose voling yes: F,nrl. Rusch. l,angon, Wells, Ilouchirrs, antl llvnrrs. 'l hose volilrg no: rrorre. Abserrt arrd rrot volirrg: norre. MO'ilON CAIUUIIt) Mnyor Winder renrl Bill No. 27 by title only os [ollorvs: AN ORt)INANCF,'t'O n [4riNI) CltApt'ltR t0. otl'l'llE MITNICIpAL COt)t]ollil ili (] t y ot; cAt.t)wtit.t_, co(,N t'y ot; cANyoN. s t'A't'E or il)At t(), Plll('tAlNlN(i 1'O AR'l lCl.ti 2.'f Altt,E t, LANI) [,SF. SCilEI)ULE; AR'HCl.ll3, I)llrlNl't IONS; AND n RTtCLll 4, INI)IVIDUAI,M()lltl.tYMANl,t;A(ll'tJIllil) ItOI\4U tjNtI'S; REpEn LINC n LL OIII)INANCIIS, RF,SOI,TI IoNS, ORDI]RS, AND PARTS 'TIIEITF,OT INcoNFI-tc'f IillRuwn tI. 'l he Mat,ol No.27. recorrrnrerr<lerl lo Corrncil thal lhis slan(l ns (he first reading of llill ln nrltlilion. c.louncilrvorrrnrr linrl stntetl lhnt she rvoul<l MoVIi thnt lhey nccept (he Iirrrlirrgs oI Fnct nrrd corrclrrsio,s of l,nw (lrnt rvere preselrled e',flier sll(l ns ptescnletl b-y (lrc l'lnrrrrirrg orrrl Zorring Corrrrtrissiolr in their nrenro to Cotrrrcil. Sli('( )Nl)lil) by livnrrs. I(oll cnll v.le, 'l lrose v.lirrg yes: Iiurl, lJusch, l,nngnrr, Wclls, Itoucltitrs, nrrrl Iivnns. 'l-hose voting rro: rrone. Altsenl onrl trot voling: norre. I MOI'lON CARRItr.t) llr:ok lB o Mrs. Jarnes slated lhat she could see no reason to tlelay tlris reqtrest andTvoultl suggest tlrnt lhey cotrlitrrre. [r4nyor Wirrrler (hen operretl (he I'ublic I learing atrrl nsketl lor the Stalf Ileport. Mrs. .lnrrres inlrrrnetl (-lorrncil lhat llte Cotntrtissiott henrd a request on Mny 15, 1997, l'or prelirninary nnrl firrnl strlxlivisinrt plat npprovnl ol- Pnlshaw Estntes. 'l'he Conrrrrissiorr volert urrRtrinroosly to anprove lhe prelirninsry plat nnd to recorlrnerrrl lo Coutrcil llrnt firtnl plnl npproval lre grntttetl. I'utrlic Notice proce<lures were lollorvetl. Mrs, Jatrtes presented the lrnckglound ittlornration ott lhis isstre ns rvell ns llre Findings ol l;nct ntttl Conclttsiotts o[ [-nw tlrat were agrprove<l hy the Contnrission. She nlso cnlled altettliolt lo lhe letter ntlaclretl kt tlte Slnfl- Report lrrrnr lhe Cily lirrgineer. 'I he Cotnnrissiott's recotrt metrclation to llre City Corrncil rvns: Daserl upon lhe lritr<lirtgs of Fnct nntl Corrclusions of Lnw, the I'larrrring nnrl Zoning Comtnission lr4elnbers approvetl tlre prelirninary plat of l'alshaw lislales an<l are recotrtnren<ling lo tlte Mayor arrd City Cotrncil thal firral a;rprovnl he grarrled. N4Ovf.l) hy l,angarr, SIiCONI)lll) hy livans that lhe Slaff Report as sutrmittetl by lr4rs. .larrres be entererl itrto tlre ofTicinl recortl. o Page 245 I MOTION CAIlRllll) MOVlll) hy l;,r,nrrs, Sl:.(iONl)lil) lry l,nrrgan lhat (he lrintlirrgs oI Fnct nrttl Cjotrclrrsiorrs o[ l.aw ns oullirrerl in llre S{n[[ lleport be nccepted ns presente(l by Mls..lnrrres. lloll cn ll vo(e Alrslairr: lirrrl Iloll cnll vole Ahshirr: lirrr'1. 'l lxrsc volirrg yes: l.,nngnn, Wclls. Ilotrchirrs, livttts, ntrtl Ilttsclt. l lrose volirrg rro: none. Abscrrt nrrtl ,rol v()ling: lrotte. 'l hose voling yes: l;,vnrrs, Drrsch, l-nngnrr, Wells, I Iouclritrs. Ihose voling no: llone. Ahsent nrrrl rrot voling: trone.