HomeMy WebLinkAboutPlanning Zoning SUB-96 Quail Ridgeat
PLANNtr\G AND ZONING
DATEITEN{
l--<
v-
\\)d,. q$o<lrrt)
Evl^tU*-
ICDO
Aeor;,4 €YdYv\l Y'tt
ro' 8'o{\0l,1tz-
ILq)-<-())pL 5 fir ,v--1
SIJBMITTED BY
-
miner,
ll.Review of Proceedings - Mr
CALDWELL PUBLIC HEARING BEf-ORE HEARING EXAMINER
MINUTES
MaY 24' 2005
Call to Order - Hearing Exa
public hearing at 7:00 P m'
M. Jerome Mapp, opened the meeting for the
Jerome Mapp outlined the procedures for the
public hearing
Y:f, iHf6::*i":,""8?j;'$l*l'S'""L'Ji3;J'"i8ffi
l[""'i"?1"'oez(Pranning
lll. Old Business
tv.Hearings -
^f,i:#"j'1*:jiil#;ni'"{ru;$3,lii,.fJffi t".ffii$
;;i ;;;;;" loti within 42 08 acres of the srte '""#, .'o;,'i;.:teneratlv-
Hff T1i[ ;k i;:=:'x y:*'li "t:?jJil;'jli,,fti ; ua; ;;"r n o.n o'l
Karcher Road'
TestimonY:
Debbie Geyer, Specialist' presented the staff report'
Steve Amar, Applicant' testified in favor'
Akemi Wells' Applicant's Representative' testified in favor'
Laren Bailey, Applicant's Representative' testified in favor'
Public testimony closed - Mr' Mapp closed public testimony'
NOTE: See order of Decision for complete t?t]':::y or contact Community
ilI*'r"pi"ittn"partment for audio tapes of the heanng
Findings of Fact on case No' SUB-96P(EI-i11' tn" Hearing Examiner
?ii",slis ji%ff [Hr:,],i:.""xis,i$:f 55:;:il-lgjilff 'lT"JLi'$
the Findings'
Conclusions of Law on Case No' SUB:?6L(!Lo^3: The Hearing Examiner
accepted the conclusion'J'"ii':* "t o'trined in the staff report'
.J<-i
?oo
OUAIL RIDGE SUBDIVISION EXTENSION
cAsE NUMBER SUB-96P(E)-03
Order of Decision
THE FOLLOWNG LAND USE ACTIONS ARE A FEATURE OF THIS APPLICATION:
IN THE MATTER OF THE APPLICATION OF A & A DEVELOPMENT FOR APPROVAL OF A ONE.YEAR
TIME EXTENSION FOR THE QUAIL RIOGE PRELIMINARY PLAT CONSISTING OF 99 SINGLE.FAMILY
RESIOENTIAL LOTS AND 7 COMMON LOTS IN AN R.I ZONE.
TABLE OF CONTENTS:I COURSE OF PROCEEDINGS,II GENERAL FACTS,III TESTIMONY,IV APPLICABLE LEGAL STANDARDS,V FINDINGS OF FACTVI GONCLUSIONS OF LAWVII ORDER OF DECISION.
1.1 The Caldwell Community Development Department issued a notice of public hearing on application
SUB-96P(E)-03 to be held before the Caldwell Hearing Examiner on May 24,2005. Public notice
requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were met. On May 6, 2005
notice was mailed to all property owners within 300 feet of the project site and to all political
subdivisions providing services to the City of Caldwell; on May 9, 2005 notice was published in the
ldaho-Press Tribune; and, on May 12, 2005 notice was posted on the site.
Files and exhibits relative to this application will be available for review in the Community Development
Department, Caldwell City Hall, as well as all public hearings.
II GENERAL FACTS
2.1 APPLICANT: A & A Development, 4635 Buckboard Way, Boise, lD 83713
2.2 APPLICANT'S REPRESENTATIVE: JJ Howard Consulting Engineers, 1530 E. Commercial Avenue,
Suite 109, Meridian, lD 83642
OWNER: Same as above
2,4 REOUEST Approval of a one-year extension of preliminary plat of Quail Ridge Subdivision. This is a
two phase development consisting of 42.08 acres in an R-'l (Single-Family Residential) zone consisting
of 99 single-family residential lots and 7 common lots through the subdivision process.
According to the Applicant's narrative, the time extension request is based on the following:
. The parcel is in the process of changing ownership since the preliminary plat was approved.. New owners are needing to delay construction until contractors can be secured.
Page 1 of 4
Public Heaing of May 24, 2005
1.2
2.3
2.4.1
?L)
BEFORE THE HEARING EXAMINER
CITY OF CALDWELL, IDAHO
May 24,2005
I COURSE OF PROCEEDINGS
o
The site abuts Montana Avenue on the east side, lies generally south of the future Moss Lane and is
located approximately 1,800 feet no(h of Karcher Road.
Land Use: The land is currently zoned R-1 (single family residential).
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential.
a
School Facilities and Transoortation: The Vallivue School District was notified of the request through
mailing of the public hearing notice on May 6, 2005,
2.9 Public Services, Utilities and Facilities: ln a memo dated May 10, 2005 the Engineering Department
submitted the following comments:
The Engineering Department does not object to a request by A&A Developmenl, for an edension of the
preliminary plat of Quail Ridge Subdivision.
The Engineering Department requests that comment 2.7.5# t h on the Order of Decision be modified
to read as follows:
lrrigation system (per government irrigation provider requirements)
The Engineering Department requests that comment 2.7 .5 # 1 i on the Order of Decision be added to
read as follows:
Vertical Datum based on NAVD 88 Datum
The Engineering Department requests that comment 2.7.5 # 6 on the Order of Decision be modified to
read as follows:
The development is to include a non-potable water pressure irrigation system. The design of this
pressure irrigation system is to be reviewed and approved by the government irrigation provider prior to
construction plan approval. This requirement presumes that the system will be operated and
maintained by the government irrigation provider.
2.9.1 Fire protection: A request for comments was submitted to Caldwell Fire Department on April 25, 2005
No comments were received
2.9.2 lrrioation: A request for comments was submitted to Pioneer lrrigation on April 2, 2004. No comments
were received.
III TESTIMONY
3.1 Debbie Geyer, Community Development Specialist, presented the staff report and outlined the facts as
written.
Steve Amar, Applicant, testified in favor of the application.
Akemi Wells, Applicant's Representative, testified in favor of the application.
Laren Bailey, Applicant's Representative, testified in favor of the application.
Page 2 of 4
Public Heaing of May 24, 2005
2.5 LOCATION:
2.6
2.7
2.8
3.2
3.3
3.4
a
Testimony closed.
APPLICABLE LEGAL STANDARDS
o
IV
4.2
4.3
4.4
City of Caldwell Comprehensive Plan, as amended
City of Caldwell Subdivision Ordinance No. '1758, as amended
ldaho Code, Title 67, Chapter 65, Local Planning Act
V HEARING EXAMINER'S FINDINGS OF FACT
5.1 The Hearing Examiner accepted the facts outlined in the staff report, public testimony and Exhibit PZ-
1000 (plat map presented by Laren Bailey, W.H. Pacific) as part of the Findings.
VI HEARING EXAMINER'S CONCLUSIONS OF LAW
o. I The Hearing Examiner has the authority to recommend that this extension preliminary subdivision
request be approved or denied. The public notice requirements were met and the hearing was held
within the guidelines of applicable codes and ordinances.
VII HEARING EXAMINER'S ORDER OF DECISION
7.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders
that Case Number SUB-96P(E)-03, a request for a one-year extension of the preliminary plat of Quail
Ridge Subdivision, which consists of 99 single-family residential lots and 7 common lots on 42.08 acres
of land, is approved with the following conditions:
Pursuant to ldaho Code 50-1316, no lot shall be offered for sale or sold until the final plat has been
approved and recorded.
7.2
7.3
7.4 Building permits shall be issued in compliance with Subdivision Ordinance No. 1758, Section 11-02-06,
subsection M.
7.5 The one-year extension for preliminary plat approval shall remain valid for 12 months following the
signing of the Order of Decision. No other extension shall be granted unless granted by City Council
under the guidelines of Subdivision Ordinance No. 1758, Section 11-02-04, Subsection (6)8.
7.6 ln accordance with the requirements of Section 11-02-04, Subsection 7, Subdivision Ordinance No.
1758, the Applicant has the option to file an application for final plat approval of each phase prior to
commencing construction of improvements; or, with approval of the City Engineer, the Applicant may
commence construction of improvements of each phase before requesting final plat approval.
7.7 All requirements placed on the preliminary plat by City Departments and any other agencies having
approval authority shall be met prior to submitting a request for final plat approval, or a financial
guarantee for completion of work shall be submitted in compliance with Section 11-02-04, Subsection
7, Subdivision Ordinance No. 1758.
7.8 On the face of the subdivision final plat a note will be placed that states that the development will
conform to ldaho Code 22-4503, Right to Farm Act.
As a part of final plat application, the Applicant shall submit written verification from the designated
irrigation districl provider that they have no objection to the final plat application.
,,o,o nurr, * r!"in1o,'rZ!ol
7.9
I
No building permits shall be accepted for processing until the final plat has been approved and
recorded.
o
CASE NO. SUB-96P(E)-03 WAS HEARD BY THE HEARING EXAMINER AT A PUBLIC HEARING HELD
MAY 24, 2005.
I o
WRITTEN
ADMINIST
FINDI J
EL
app,ring E
OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION WAS
PROVED AND SIGNED,
4 0)
ATTEST:
Community Development Director
Page 4 of 4
Public Heaing of May 24, 2005
Jerorne
o
PUBLIC HEARING GOMIvIENT SHEET
(PLEASE PRINT CLEARLY)
a
?
NAME:,f9..)Ar l+ Y
STREETADDRES S: ?l \t^.
(,
CITY/STATEZIP:B"l>ej1 370 \l)g
NAME OF CASE BEING HEARD:ve)(tJ56
Check the approPriate line:
Applicant or Representa NeubaU
wish to speak-
do not wish to sPeak-
Opposed/
wish to speak-
do not wish to sPeak-
*=].
written comments may be attached to this form or you may write them in below.
Pz-g
ln fuvor/.
wish to speak_
do not wish to soeak
I
I
I
I
I
I
I
I
o
PUBLIC HEARING COMIvIENT SHEET
(PLEASE PRINT CLEARLN
o
NAME:/r (r'*\hleur-S
STREETADDREss: l5 3c;F-Gru*e {L( rAl- }.Ve
CITY/STATEZIP:l*'L nLtoi&.r,83Lo/+ L
NAME OF CASE BEING HEARD:S..,o-1t,P(e)-o=
Su'zE lcpr
rf\
Check the approPriate line:
Applicant or Rep resentative Neutral/
wish to speak-
do not wish to sPeak-
Opposed/
wish to speak-
do not wish to sPeak-
In fuvor/.
wish to speak-
do not wish to speak-
?z-L
I
I
I
I
I
I
I
I
written comments may be attached to this form or you may write them in below'
o
{;
o
NAME
STREET ADDRESS:".G H"a
LCITY/STATEZIP:
NAME OF CASE BEING HEARD:
Check
Applicant or A.pr"".nt^W.-/
the appropriate line:
ln fuvor/.
wish to speak-
do not wish to speak-
NeuhaU
wish to speak-
do not wish to sPeak-
Opposed/
wish to speak-
do not wish to sPeak-
written @mments may be attached to this form or you may write them in below.
O7-r
PUBLIC HEAR!NG COMIVIENT SHEET
(PLEASE PRINT CLEARLY)
I
I
I
I
I
I
I
I
I
QUAIL RIDGE SUBDIVISION EXTENSION
cASE NUMBER SU8-96P(E)-03
Order of Decrsron
BEFORE THE HEARING EXAMINER
CITY OF CALDWELL, IDAHO
May 24,2005
THE FOLLOWING LAND USE ACTIONS ARE A FEATURE OF THIS APPLICATION:
IN THE MATTER OF THE APPLICATION OF A & A DEVELOPMENT FOR APPROVAL OF A ONE.YEAR
TIME EXTENSION FOR THE QUAIL RIDGE PRELIMINARY PLAT CONSISTING OF 99 SINGLE.FAMILY
RESIDENTIAL LOTS AND 7 COMMON LOTS IN AN R.1 ZONE.
TABLE OF CONTENTS:I COURSE OF PROCEEDINGS,II GENERAL FACTS,III TESTIMONY,IV APPLICABLE LEGAL STANDARDS,V FINDINGS OF FACTVI CONCLUSIONS OF LAWVII ORDER OF DECISION.
COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of public hearing on application
SUB-96P(E)-03 to be held before the Caldwell Hearing Examiner on May 24,2005. Public notice
requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were met. On May 6, 2005
notice was mailed to all property owners within 300 feet of the project site and to all political
subdivisions providing services to the City of Caldwell; on lvlay 9, 2005 notice was published in the
ldaho-Press Tribune ; and, on May 12,2005 notice was posted on the site
1.2 Files and exhibits relative to this application will be available for review in the Community Development
Department, Caldwell City Hall, as well as all public hearings.
I GENERAL FACTS
APPLICANT: A & A Development, 4635 Buckboard Way, Boise, lD 837'13
APPLICANT'S REPRESENTATIVE: JJ Howard Consulting Engineers, 1530 E, Commercial Avenue,
Suite 109, Meridian, lD 83642
OWNER: Same as above
2.1
2.2
23
2.4 REQUEST: Approval of a one-year extension of preliminary plat of Quail Ridge Subdivision. This is a
two phase development consisting of 42.08 acres in an R-1 (Single-Family Residential) zone consisting
of 99 single-family residential lots and 7 common lots through the subdivision process.
. The parcel is in the p!'ocess of changing ownership since the preliminary plat was approved.. New owners are needing to delay construction until contractors can be secured.
Page 1 of 4
Public Hearing of May 24, 2005
?+4
2.4.1 According to the Applicant's narrative, the time extension request is based on the following:
a
\
2.5 LOCATION:
z.o
The site abuts Montana Avenue on the east side, lies generally south of the future Moss Lane and is
located approximately 1,800 feet north of Karcher Road.
Land Use: The land is currently zoned R-1 (single family residential).
2.7 COMP RE HENSIVE PLAN DESIGNATION Low Density Residential
2.8 Sqhool Faqilities and Transportation: The Vallivue School District was notified of the request through
mailing of the public hearing notice on May 6, 2005
2.9 Public Services Utilities and Facilities:ln a memo dated May 10, 2005 the Engineering Department
submitted the following comments:
The Engineering Department does not object to a request by A&A Development, for an extension of the
preliminary plat of Quail Ridge Subdivision.
The Engineering Department requests that comment 2.7 .5 # t h on the Order of Decision be modified
to read as follows:
lrrigation system (per government irrigation provider requirements)
The Engineering Department requests that comment 2.7 .5 # 1 i on the Order of Decision be added to
read as follows:
Vertical Datum based on NAVD 88 Datum
The Engineering Department requests that comment 2.7 .5 # 6 on the Order of Decision be modified to
read as follows:
The development is to include a non-potable water pressure irrigation system. The design of this
pressure irrigation system is to be reviewed and approved by the government irrigation provider prior to
construction plan approval. This requirement presumes that the system will be operated and
maintained by the government irrigation provider.
2.9.1 Fire p!qteclion: A request for comments was submitted to Caldwell Fire Department on April 25,2005
No comments were received
III TESTIMONY
Debbie Geyer, Community Development Specialist, presented the staff report and outlined the facts as
wntten.
Steve Amar, Applicant, testified in favor of the application.
Akemi Wells, Applicant's Representative, testified in favor of the application
Laren Bailey Applicant's Representative. testified in favor of the apolication
Page 2 of 4
Public Heaing of May 24, 2005
2.9.2 lrriqation: A request for comments was submitted to Pioneer lrrigation on April 2, 2004. No comments
were received.
3.1
3.2
J-J
34
\Testimony closed.
APPLICABLE LEGAL STANDARDSIV
4.2
4.3
4.4
City of Caldwell Comprehensive Plan, as amended
City of Caldwell Subdivision Ordinance No. 1758, as amended
ldaho Code, Title 67, Chapter 65, Local Planning Act
V HEARING EXAMINER'S FINDINGS OF FACT
3. I The Hearing Examiner accepted the facts outlined in the staff report, public testimony and Exhibit PZ-
1000 (plat map presented by Laren Bailey, W.H. Pacific) as part of the Findings.
HEARING EXAMINER'S CONCLUSIONS OF LAW
The Hearing Examiner has the authority to recommend that this extension preliminary subdivision
request be approved or denied. The public notice requirements were met and the hearing was held
within the guidelines of applicable codes and ordinances.
VI
6.1
7.1
VII HEARING EXAMINER'S ORDER OF DECISION
Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders
that Case Number SUB-96P(E)-03, a request for a one-year extension of the preliminary plat of Quail
Ridge Subdivision, which consists of 99 single-family residential lots and 7 common lots on 42.08 acres
of land, is approved with the following conditions:
Pursuant to ldaho Code 50-1316, no lot shall be offered for sale or sold until the final plat has been
approved and recorded.
No building permits shall be accepted for processing until the final plat has been approved and
recorded.
Building permits shall be issued in compliance with Subdivision Ordinance No. 1758, Section 11-02-06,
subsection M.
The one-year extension for preliminary plat approval shall remain valid for 12 months following the
signing oi the Order of Decision. No other extension shall be granted unless granted by City Council
underihe guidelines of Subdivision Ordinance No. 1758, Section 11-02-04, Subsection (6)8.
ln accordance with the requirements of Section 11-02-04, Subsection 7, Subdlvision Ordinance No.
1758, the Applicant has the option to file an application for final plat approval of each phase prior to
commencing construction of improvements; or, with approval of the City Engineer, the Applicant may
commence construction of improvements of each phase before requesting final plat approval.
All requirements placed on the preliminary plat by City Departments and any other agencies having
approval authority shall be met prior to submitting a request for final plat approval, or a financial
guarantee for completion of work shall be submitted in compliance with Section 11-02'04, Subsection
7, Subdivision Ordinance No. 1758.
On the face of the subdivision final plat a note will be placed that states that the development will
conform to ldaho Code 22-4503, Right to Farm Act.
aq = n2.i af fina! n!a! 5^n!i.alion the A.oD!icant sha!! sL!bmil written verification from the designated
irrigation district provider that they have no obiection to the final plat application.
p u o r i " u. ",i,s o r u:" i sz:4,3
zZl 045
7.2
7.4
7.6
7.8
7.5
cAsE NO. SUB-96P(E)-03 WAS HEARD By THE HEARTNG EXAMTNER AT A PUBLIC HEARING HELD
MAY 24, 2005.
WRITT
ADIVIIN
S OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION WAS
ROVED AND SIGNED
Jerome app,aring E T
ATTEST
Community Development Director
Page 4 of 4
Public Headng of May 24, 2005
alrlo{D;€-'f--