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PLANNING AND ZONING
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BEFOR-E TIIE CALDWELL HEARING EXAMINER
CITY OF CALDWELL, IDAHO
IN TIIE MATTER OF THF
APPLICATION OF CALDWELL
UNILIMITED AND THT CITY OF
CALDWELL FOR PRELIMINARY PLAT
APPROVAL OF SKYWAY BUSII\IESS
PARI(
CASE NO. SUB.s4P-OO, COURSE OF
PROCEEDINGS, GEIIERAL FACTS,
TESTIMONY, APPLICABLE LEGAL
STAI\IDARDS, COMPR.EHENSI!'E PLAN
ANALYSIS, FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND RECOMMENDATION
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I COURSEOFPROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application
SLJB-54P-00 to be held before the Caldwell Hearing Examiner on September 12,2000. Public notice
requirements set forth rn Idaho Code Chapter 65, Local Planning Act, were met. On August 28,2000
notice was published in the Idaho-Press Tribune; on August 25,2000 notice was mailed to all property
owners within 300 feet of the project site and to all political subdivisions providing services to the site;
and, on September 5, 2000 notice was posted on the site.
1.2 Files and exhibits relative to these requests are on file in the Community Development Department and
were available for review at the hearing.
II GENERAL FACTS
2.1 APPLICANT (S): Caldwell Unlimited , krc./ City of Caldwell, 621 Cleveland Blvd., Caldwell, ID 83605.
2.2 OWNER (S): Same as Applicants.
2.3 REOUEST: For prelirninary plat approval of l8 commercial lots and 3 common area lots located on
approximately 40 acres within an M-1 (Light Industrial) zone.
2.4 LOCATION:Approximately 1300 feet east of the intersection of Highway 20/26 and Aviation Way, and
the northem boundary ofthe subject site is approximately 1200 feet south of HiStway 20/26.
2.5 LEGAL DESCRIPTION: The SE %, I.I!V %, Section 25, Township 4 North, Range 3 West, Boise
Meridian, Caldwell, Canyon County, Idaho
2.6 COMPREHENSryEPLANDESIGNATION:Industrial
2.7 COMPREHENSIVE PLAN COMP S APPLICABLE TO THE REOUEST:
2.7.1 Prqperty Rishts: The five checklist criteria set forth by the Attomey General in the "Idaho Regulatory
Takings Act Guidelines" was reviewed by planning staff and none of the criteria was answered in the
affirmative.
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2,7.2 School Facilities and Transoortation: The Caldwell and Vallivue School Districts were notified of the
request on August 25,2000.
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2.7.3 Economic Development: The subdivision consists of 18 lots that will eventually be developed with
commercial and/or light industrial uses.
2.7.4 Land Use: M-l (Light Induskial)
2.7 .5 Natural Resources: The "A" Drain bisects a portion oflots 6,5,4 and 3 of Block l, and Lots 3 and 2 of
Block 2. Note 7 on the preliminary plat shows that the 'A" Drain will be piped by others in the location
shown, and the existing open drain will be filled. Gordon Law noted in a memorandum dated August 30,
2000 noted that stormwater facilities are to be installed in accordance with the City's Stormwater
Management Policy.
2.7.6 Public Services. Utili ties and Facilities:Gordon Law noted the following: 1) the development is to
include a non-potable water pressure irrigation system, with the design to be approved by Pioneer
krigation District. A letter approving the design is to be submitted from Pioneer before final plat
application; 2) the developer is to contact Pioneer krigation to ascertain all existing upstream drainage
rights and downstream irrigation rights that need to be rnaintained across the property, and a letter is to be
obtained from Pioneer indicafing thet concurrence with the drainage and facilities that preserve these
rights prior to commencement of construction; 3) the easements on the plat meet the requirements of the
Subdivision Ordinance; and 4) all street, sewer, water, flre protection, and street light facilities must be
dedicated to the City. Note 2 of the Feliminary plat states that the subdivrsion will be served through
extensions ofthe City's public water/sewer systems.
2.7.7
Douglas Brown, Fire Marshal, noted in a memorandum dated September 6, 2000 noted that a minimum
fre flow of 1500 gpm must be available from all fire hydrants to service the entire project and that he
would work with the Applicant's engineer to jointly plot the actual fire hy&ant locations.
Transportation: Gordon Law noted the following: 1) all rights-of-way shown on the plat are consistent
with City standards; and, 2) the preliminary plat utilizes a street plan with two independent stub streets.
The development partners have expressed an interest in eliminating one stub street by looping Capital
Street into Liberty. Both concepts are acceptable to the Engineering Department as long as the number of
buildable lots (18) remain the same. (NOTE: The number ofbuildable lots shown on the plat (18) may
be reduced but could not be increased without a new hearing on the preliminary plat)
Douglas Brown noted the following: l) there is an absence of improved public roadways to service this
area. Prior to development, some form of primary and secondary access must be provided to the
roadways shown on the plat; and, 2) temporary tum-arormds are required for all dead-end steets greater
than 150 feet in length (west ends of Liberty and Capital Streets). Mr. Brown also addressed street names
and suggested some altematives.
2.7.8 Communiw Design: Note 14 on the preliminary plat states that landscaping may include entry islands
and street side greenscape, which will be included with improvement plans. Section 1042{5, Zoning
Ordinance No. 1451, Subsection 11A through N, sets forth requirements for landscaping. hstallation of
trees within the public right-of-way are to be installed in accordance with the City's street tree progmm
subject to review and approval by the City Forester.
III TESTIMONY
Linda James presented the staff report and identified the subject site on the City's Zoning map, and
testified as follows: 1) The City owns property directly west of the proposed subdivision and is intending
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3.1
Section 10-02-03, Table 2, does not require a minimum Iot size for lots in an M-1 zone.
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to develop the property into a community park, The plat shows two public streets through the subdivision
that will end on the west in temporary tum-arounds; it appears that the intent is for these two streets to be
extended westward through the community park and for Liberty Street to interconnect with Hampton
Business Parlg which is adjacent to Anation Way. From a planning aspect and a culturaVsocial aspect, it
would not appropriate for rwo public sheets that will primarily serve truck traffic, and that are
approximately 600 feet apart, to bisect a community park. Another design that would eliminate Capital
Street, such as looping Capital into Liberty might be more appropriate. 2) Note 1 of the plat states
"sidewalks of 4-foot width will be installed by individual lot owners at the time building permits are
obtained." This could create a problem. For example, if Lots 1 and 5 of Block 1 are sold and sidewalks
are installed along these frontages, but Lots 2 and 3 remain unsold and no sidewalla are installed, there
will be an area that has oo sidewalks si$ing between two areas that do have sidewalks. The City in the
past has required curb/gutter/sidewalks in subdivisions to be installed by the developer. 3) Note 14 states
that "Landscaping, which may include entry islands and street side greenscape will be included with
improvement plans for the development." The preliminary plat does not identiry any corrmon lots other
than those for storm water detention. In prior subdivision approval requests, landscape areas have been
identifred on preliminary plats as common-area lots. Note 18 does strte that "Property owner's
association will maintain all common areas/lots" but only the storm water lots are actually identified. It is
understood in discussing the plat with Gordon Law, that landscaping will be insalled along the frontage
of Smeed Avenue and that there is adequate right-of-way to include landscaping. Hor ever, it is not
known whether or not a landscaping/fencing buffer along the west side ofthe subdivision, adjacent to the
commrmity parlg will be installed. Because the commercial subdivision is adjacent to the park, it should
be buffered. 4) It would be appropriate for slgnage that r ould not allow truck traffic from Liberty Street
to go westward through the commmity park.
Steve Wilcutts, representing the Caldwell Engineering Department, testified as follows: this is a joint
application from the City, Caldwell Unlimited, and Caldwell Economic Development Council. The
majority of the monies to construct the subdivision come from federal funds tlrough grants; the interior
streels will be paved with a face-to-face width of40 feet, and there will be 80 feet right-of-way; a l0-foot
utility easement will be located along the front of the lots; landscape islands will be on Smeed Avenue
and there will be cul-de-sacs on the west. In response to the Hearing Examiner's questions, Mr. Wilcutts
responded as follows: 1) ftrnding limitations make it necessary to require the individual lot owners to
install sidewalks at the time of obtaining a building permit for their respective lot; 2) looping Capital
Street to the north into Liberty Sheet would be a good altemative, and the Engineering Department would
also invite a condition ofapproval on signage that would eliminate truck haffic leaving the subdivision on
Liberty and going through the park; 3) there is adequate right-of-way for there to be room for
landscaping, and the Department would not object to landscaping being placed in common-area lots and
maintained by an association.
IV APPLICABLE LEGAL STANDAR-DS
3.2
4.1
4.2
4.3
4.4
City of Caldwell Zoning Ordinance No. I 45 I
City of Caldwell Comprehensive Plan
Idaho Code, Title 67, Chapter 65, Local Planning Act
City of Caldwell Subdivision Ordinance No.l758
v COMPREmNSM PLAII AIIALYSIS - The request is applicable to the following Comprehensive
Plan Components:
5.1 Propertv Rishts -
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GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property rights,
adversely inpact propert5r values or create unnecessary technical limitations on the use of the property.
OBJECTIVE B: To identifi potential takings of private property prior to a regulatory or administrative
action on specific property.
POLICY 1: Require staff to follow the Attomey General's Checklist Cntena outlined in the Idaho
Regulatory Takings Act Guidelines prior to any proposed regulatory or administrative action on specific
propefiy, and to request legal counsel's review if any one of the criteria is answered in the affirmative.
Staff reviewed the fiye criteria outlined in the Takings Act Guidelines and did not answer yes to any
of the criterir.
5.2 School Facilities and TransDortation -
GOAL: To provide the on-going oppoftinity for school representatives of Caldwell and Vallilue School
Districts to participate in the comnunity planning process.
POLICY l: lnclude the school districts in the review process when considering land-use proposals. At a
minimum, notice of the hearing for each proposal should be provided to the districts and any additional
information that the districts might subsequently request. The Caldwell and Vallime School Districts
were notified ofth€ request through mailing ofthe public hearing notification on August 25,2000.
5.3 Land Use -
GOAL: To establish land-use management policies that protect property rights and the environment,
maintain a high quality oflife, provide adequate land for all tpes of development, and adequately buffer
non-compatible uses.
Commercial -
OBJECTIVES A}PLICABLE TO ALL LAND USES:
OBJECTIVE A: To guide the growth and development of land uses in such a way that the health, safety,
and general welfare ofresidents will be protected.
OBJECTIVE C: To promote growth in areas where public facilities and services are readily available.
The commercial subdivision will be served by the City's public water/sewer systems.
OBJECTIVES APPLICABLE TO COMMERCIAL LAND USE:
OBJECTIVE A: To encourage commercial and industrial uses that are readily accessible to regional and
principal aderials. The subdivision will be accessed by Smeed Avenue, which in turn interconnects
with Highway 20/26, a principal arterial.
POLICY 3: Require new industrial and commercial development to be sufficiently landscaped/buffered
so that they will be unobkusive and compatible with adjacent areas. The developer will be required to
submit a landscaping/buffering plan for entry islands and street side greenscape rt the time of
submitting construction plans for the overall development.
5.4 Communitv Desisn -
GOAL: Foster growth in a manner than will enhance and improve the visual image ofthe city.
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OBJECTIVE A: To promote, encourage and maintain an aesthetically pleasing city.
OBJECTIVE E: To ensure that new development enhances rather than distracts from the visual image of
surrounding areas. Th€ subdivision will be developed in accordance with the City's design and
improvement plans, including landscaping.
!1 FINDINGS OF FACT
6.1 Accept the general facts outlined in the staff report as Findlngs of Fact and include the following facts
stated by the Hearing Examiner: the City's usual policy is for the developer to install curb/gutter/sidewalk
and having a lesser standard by requiring lot owners to install sidewalks as the lots develop would not be
appropriate; the subdivision is for commercial use so it would be more appropriate for Capital Street to
loop northward into Liberty Street and to not allow two truck-traffic type public streets to extend
wesward through the community park; a community park is planned to be developed adjacent to the west
side of the subdivision so a landscape buffer should be installed in a common-area lot along this
boundary as well as installing landscaping in common area lots along Smeed Avenue frontage; the
request is in compliance with the Comprehensive Plan components set forth in the staffreport.
YII CONCLUSIONSOFLAW
7.1 The Hearing Examiner has the authority to hear requests on preliminary plats and to make a
recommendation to the Mayor and City Council. Public hearing notification requirements were met, and
the hearing was conducted within the guidelines ofapplicable codes and ordinances.
\TTI RECOMMEN'DATION
8.1 Based on the Findings ofFact and Conclusions ofLaw, the Hearing Examiner hereby recommends to the
Mayor and City Council that Case No. SUB-54P-00, a request by Caldwell Unlimited, Inc. and the City
of Caldwell for preliminary subdivision plat approval of Slqrvay Business Park, which consists of 18
cornmercial and 3 common-area lots located on approximately 40 acres in an M-l (Light Industrial) zone
is approved with the following conditions:
8.2 Pursuant to Idaho Code 50-1316, no lot shall be offered for sale or sold until the final plat has been
approved and recorded.
8.3 No building permits shall be accepted for processing until the final plat has been approved and recorded.
8.4 Building permits shall be issued in compliance with Subdiusion Ordinance No. 1758, Section l1-02-06,
Subsection M.
8.5 As a part of final plat application the Applicants shall submit written verification tom Pioneer Irrigation
that the District has no objection to the final plat application.
Preliminary plat approval shall remain valid for 12 months following the signing of the Order of
Decision, as set forth in Section 11-02-04, Subsection (6) C of Subdivision Ordinance No. 1758.
8.6
In accordance with the requirements of Section 11-02-04, Subsection 7, Subdivision Ordinance No. 1758,
the Applicants have the option to file an application for final plat approval prior to cormencing
construction of improvements; or, with approval of the City Engineer, the Applicants may cornmence
construction of improvements before requesting final plat approval.
8.7
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8.8 All requirements placed on the preliminary plat by agencies having approval authority, including Pioneer
Irrigation Distnct, shall be met pnor to submitting a request for final plat approval, or a financial
guarantee for completion of work shall be submitted in compliance with Section I 1-02-04, Subsection 7,
Subdivision Ordinance No. 1758.
MARING EXAMIITER'S RECOMMENDATION FOR OTHER CONDITIONS OF APPROVAL
8.9 The plat shall be redesigned to loop Capital Street into Liberty Street in order to eliminate Liberty Street
extending through the community park on the west. Such design shall be as approved by the City
Engineer.
8.10 Landscaping shall be installed along the west side of the subdivision and along Smeed Avenue and shall
be installed in common-area lots that will be owned and maintained by a property owners association.
Landscaping plans shall be approved by the City Engineer, Commurity Development Drector, and City
Forester.
8.11 Note 1 of the plat is to be modified in order to provide for interior sidewalla to be installed by the
developer as a part of the inllastructure improvements,
8.12 Liberty Street will be signed in order to not permit truck traffic fiom entering and leaving the business
park through the community park. The location and wording of such signage shall be as approved by the
City Engineer.
CASE NO. SUB.54P.OO WAS HEARD BY CALDWELL IIEARING EXAMINER LEE DILLION AT A
PUBLIC TIEARING IIELD SEPTEMBER 12, 2OOO.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION WAS APPROVED
AND SIGNED BY LEE DILLION ON THE DATE NOTED BELOW.
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il4nto'ATTEST:
ion, Caldwell Hearing Examiner
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Community Director
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