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HomeMy WebLinkAboutPlanning & Zoninge) PLANNING AND ZONING ITEM DATE SUBMITTED BY EL. \Plo-rrninn + e6ytiyna i$.upsneeb )I lr rot \va \^J. Fonshi\ \ -<ec"u^ro-rrd,a*rorCPZ'Z -+", Qo, ,{,0 ,xlxlo r .Ti-rottn- NAa-.o ?Z'q M;nuhy g-l-o I ,r ?iz o o CALDWELL PUBLIC HEARINGS BEFORE HEARING EXAMINER MINUTES OF AUGUST 1,2001 Call to Order - Hearing Examiner M. Jerome Mapp opened the meeting for the public hearings at 7:00p.m. and outlined the public hearing procedures. City staff in attendance were: Steve Hasson, community Development Director, and Joan Holmes, planning Technician. Hearings A Case No. SUP-129-01, a request by Richard Rockrohr for a special use permit to construct a Harley Davidson Dealership in a C-4(Freeway Commercial) zone at 721 Hannibal Street. The site is located on the southwest corner of lthaca Street and N. Kimball Avenue. Testimony - Steve Hasson presented the staff report. Richard RockrohrAppticant, testified in favor and presented Exhibit pz-1ooo. Public Testimony Glosed - Mr. Mapp ctosed public testimony. Gomprehensive Plan Analysis - Mr. Mapp found that the request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights - Goal, Objective B, and Policy 1; Land Use - Goal; Objectives Applicable to All Land Uses - C; Public Services, Utilities and Facilities - Goal and Objective B; Transportation - Goal and Objective A; Community Design - Goal, and Objectives A and E. Findings of Fact - Mr. Mapp accepted the general facts outlined in the staff report as Findings of Fact and included the following: public testimony, Exhibits, and that a site plan had been offered for review identifying that the business would have three accesses. He also noted that the zone was compatible for the use (C-4). Additionally, the adjoining uses were compatible with this operation and finaily, the Applicant had a similar business in Garden City. Gonclusions of Law - Mr. Mapp accepted the Conclusions of Law outlined in the staff report. Order of Decision - Mr. Mapp approved Case No. SUP-129-01 with the standard conditions outlined in the staff report and with the addition of conditions 8.7 through 8.9 as outlined in the Order of Decision. Public Hearing Closed - Mr. Mapp closed the public hearing and noted anyone wishing to appeal his decision should see the Director of Community Development. B. Case No. ANN-57-01, a request by Archie and Marlene Yamamoto to annex a 144.g8-acre parcel into the City as a M-1 (Light lndustrial) zone. This site is located on the south side of Linden Street and the east side of KCID Road and is legally described as follows: all of Lots One and Two and the E lz NW % all in Section 31, T4N R2W of the Boise Meridian in Canyon County ldaho. Testimony - Steve Hasson presented the staff report. Bill Fonshill, Applicant's Representative, testified in favor. Public Testimony Closed - Mr. Mapp closed public testimony. Comprehensive Plan Analysis- Mr. Mapp found that the request was applicable to the Comprehensive Plan components set forth in the staff report: Property Rights - Goal, Objective B, and It. P2- 3 t. o Policy 1; School Facilities and Transportation - Goal and Policy 1; Land Use - Goal, Objectives Applicable to All Land Uses - C; Area of City lmpact - Objective A and Policy 5; Public Services, Utilities and Facilities - Goal, Objective B, and Policy 5; Public Services, Utilities and Facilities - Goal, Objective B, and Policy 5. Findings of Fact- Accept the general facts outlined in the staff report as Findings of Fact. Gonclusions of Law- Mr. Mapp accepted the Conclusions of Law outlined in the staff report. Recommendation to City Council- Mr. Mapp recommended approval on Case No. ANN-57-01 Public Hearing Glosed - Mr. Mapp closed the public hearing. Case No. SUP-128-01, a request by Caldwell Ashton Place Associates to construct 48 apartment units on 3.94 acres located on the south side of Ustick Road between Eaton Avenue on the west and Ashton Avenue on the east. The parcel is zoned R-3 (High Density Residential). Testimony - Steve Hasson, Community Development Director, presented the staff report. Darin Cook, Applicant, testified in favor. Mr. C. King testified as neutral. Caroline Randolph, testifled in opposition. Darin Cook, testifled in rebuttal. Public Testimony Closed - Mr. Mapp closed the testimony. Gomprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the following Comprehensive Plan components: Property Rights - Goal, Objective B, and Policy 1;School Facilities and Transportation - Goal and Policy 1; Economic Development - Goal, Objective D, and Policy 1; Land Use - Goal; Objectives Applicable to Residential Land Use - A, Policies 1, 4, and 7; Natural Resources - Goal and Policy 1; Transportation - Goal, Objective A, and Policies 3 and 5; Community Design - Goal, Objectives A and E, Policy 6. Findings of Fact: The Hearing Examiner accepted the general facts outlined in the staff report as well as the information provided by the applicant and the general public during public testimony. Conclusions of Law: Mr. Mapp accepted the Conclusions of Law outlined in the staff report. Order of Decision: Mr. Mapp approved SUP-128-01 with the conditions as outlined in the staff report with the addition of conditions 9.1 through 9.6 as outlined in the Order of Decision. Public Hearing Glosed - Mr. Mapp closed the public hearing and noted anyone wishing to appeal his decision should see the Community Development Director. Planning lssues - There were no planning issues brought forward. Adjournment - Mr. Mapp adjourned the meeting at approximately g:20 p.m o I c. il1. IV Hearing Examiner Minutes of August 1,2001 I t o) CASE NO. ANN.57.O1 ARROWAY FARMS BEFORE THE HEARING EXAMINER CITY OF CALDWELL, IDAHO IN THE MATTER OF THE APPLICATION OF THE APPLICATION OF ARROWAY FARMS TO ANNEX 144,98 ACRES IN THE CITY OF GALDWELL AS M.1 LIGHT INDUSTRIAL ZONE TABLE OF GONTENTS: I. COURSE OF PROCEEDINGS,II. GENERAL FACTS, III. TESTIMONY, IV. APPLICABLE LEGAL ANALYSIS, V. COMPREHENSIVE PLAN ANALYSIS,VI. FINDINGS OF FACT, VII. CONCLUSIONS OF LAW,VIII RECOMMENDATION COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application ANN-57-01, to be held before the Hearing Examiner on July 25,2001. Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were met. On July 10, 2001 notice was published in the ldaho Press Tribune, and on July 10, 2001 notice was mailed to all property owners within 300 feet of the project site; and, on July 18,2001notice was posted on the site. 1.2 Files and exhibits relative to this application were available for review in the Community Development Department, Caldwell City Hall, as well as at the hearing. GENERAL FACTSII 2.1 2.2 2.3 APPLICANT (S): Archie and Marlene Yamamoto, 8334 Highway 20126 Nampa, ldaho 83687 OWNER (S):Same. REQUEST: To annex approximately 144.98 acres into the City as an M--1 (Light lndustrial Zone). The Applicant's narrative indicates that the intent of the annexation of this property is for future light industrial development. The north half of the property is shown on the Comprehensive Plan Land Use Map as Agricultural and the south half as lndustrial. This annexation request is similar to the Jan Vinson annexation request to bring to annex 48 acres into the City as an M -1 zone. That annexation request was approved last year. LOCATION: The property is located south of Linden and East of KCID. (See location map). LEGAL DESCRIPTION: Section 31, Township 4 North, Range 2 West of the Boise Meridian and is more particularly described as follows: NW % -N&W of CALD HIGHLINE CAN, LTS 1 & 2 LESS TX 9. COMPREHENSIVE PLAN DESIGNATION: The north half of the land is designated Agricultural and the south half is designated lndustrial. COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: Prooertv Riqhts: The five checklist criteria set forth by the Attorney General in the "ldaho Regulatory Takings Act Guidelines" were reviewed by planning staff. School Facilities and Transoortation: The Caldwell and Vallivue School Districts were notified of the request through mailing of the public hearing notice on July 10, 2001 . 2.4 2.4 2.6 2.7 2.7.1 2.7.2 ??;7 oa 2.7.4 2.7.3 Land Use: Area of City lmpact - The site is located in Canyon County and zoned Agriculture, yet within the Area of City lmpact. Canyon County Development Services was notified of the request through mailing of the public hearing notice on July 10, 2001. Public Services. Utilities and Facilities: The Engineering Department has no comments regarding the proposed annexation but does provide the following comments on the re-zoning of the above referenced project: ln an effort to protect future residents from noise problems associated with the Caldwell Airport, the Engineering Department has stipulated a zone that should not contain noise sensitive development such as hospitals, residential areas, etc. This zone is defined as a line offset one-half mile from the centerline of the runway and an arc with a radius of one mile from the end of the runway. A portion the proposed area is within this noise sensitive zone. The requested M-1 zone is consistent with airport needs. 2. ln order to protect the flying public and future residents and/or businesses, the City of Caldwell Airport Master Plan defines an aircraft precision approach slope extending in all directions from the runway. The applicant should be aware that height restrictions would be enforced on any proposed structures. 3. The applicant should be aware that the Caldwell lndustrial Airport Master Plan includes the extension of runway 30 to the northwest, across the existing Linden Road, which will cause Linden Road to be closed or relocated within this area. 2.7.5 Airoort lmpact: The development area is within proximity to the existing Airport runway. The Airport Master Plan includes the extension of the existing runway to the Northwest and the servicing of larger aircraft than presently use the Airport. This means that the location of this property relative to the existing and planned runways may govern its ability to develop to some extent. Transportation: The subject property has frontage along KCID and W. Linden Street.2.7.6 2.7.7 Fire protection: This is an annexation request. The CFD has no objections to this annexation. Specific or special requirements will be made during plan review for any change of use of this property, SUP, CUP or similar proceedings. 2.7.8 lrriqation: Pioneer lrrigation District will be contacted for their input into this annexation request III TESTIMONY 3.1 3.2 Steve Hasson presented the staff report. Bill Fonshill the Applicant's Representative, advised Mr. Mapp that the land use was compatible with the adjoining City property as well as the airport, and requested favorable consideration. IV APPLICABLE LEGAL STANDARDS 4.1 4.2 4.3 4.4 4.5 City of Caldwell Zoning Ordinance No. 1451, as amended 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 ldaho Code, Title 50, Chapter 2, Section 50-222 Municipal Corporations, regarding annexation V COMPREHENSIVE PLAN ANALYSIS: Mr. Mapp accepted the comprehensive plan analysis 5.1 through 5.4 5.1 Propertv Riqhts - GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property rights, adversely impact property values or create unnecessary technical limitations on the use of the property. OBJECTIVE B: To identify potential takings of private property prior to a regulatory or administrative action on specific property. 5.2 5.3 oo POLICY 1: Require staff to follow the Attorney General's Checklist Criteria outlined in the ldaho Regulatory Takings Act Guidelines prior to any proposed regulatory or administrative action on specific property, and to request legal counsel's review if any one of the criteria is answered in the affirmative. School Facilities and Transportation - GOAL: To provide the on-going opportunity for school representatives of Caldwell and Vallivue School Districts to participate in the community planning process. POLICY 1: 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 Vallivue School Districts were notified of the request through mailing of the public hearing notification on July 10,2001. Land Use - LAND USE: The parcel is zoned County Agricultural. The property on the west and the south is located in Caldwell and is zoned light industrial M-1; the boundaries to the north and east are designated County Agriculture. GOAL: To establish land-use management policies that protect property rights and the environment, maintain a high quality of life, provide adequate land for all types of development and adequately buffer non-compatible uses. OBJECTIVES APPLICABLE TO ALL LAND USES: OBJECTIVE C: To promote growth in areas where public facilities and services are readily available. Area of City lmpact OBJECTIVE A: To encourage development as a natural outward progression of the City's corporate boundaries and within areas that can be immediately annexed. POLICY 5: Encourage groMh to occur primarily as a contiguous outward expansion from the City's corporate boundaries. Discourage "hopscotch" development. The site is contiguous to the City's corporate boundaries. Canyon County Development Services was notified of the annexation request on July 10, 2001. 5.4 Public Services. Utilities and Facilities - GOAL: To ensure that there are adequate police, fire, emergency services, and public utilities to meet the needs of the public. OBJECTIVE B: To provide for the orderly expansion of public services to meet the needs of population growth. POLICY 5: Ensure that there are adequate water/sewer systems by planning for short- and long-term water and sewer expansion projects. VI 6.1 vI 7.1 FINDINGS OF FACT The Hearing Examiner accepted the general facts outlined in the staff report. CONCLUSIONS OF LAW Mr. Mapp stated that he had the authority to hear this request and to recommend to the Mayor and City Council that it is approved or denied; the hearing was legally noticed and posted, and was held under the requirements of ldaho Code and City ordinances. VIII ORDER OF DECISION 8.i ATTEST: r,&L, taler' oa Based on the Findings of Fact and Conclusions of Law, the Hearing Examiner hereby recommends to the Mayor and City Councilthat Case No. ANN-57-01, a request by Archie and MarleneYamamoto to annex approximately 144.98 acres into the City of Caldwell as a M-1 (Light lndustrial zone) is approved. CASE NO. ANN-57-01 WAS HEARD BY CALDWELL HEARING EXAMINER M. JEROME MAPP AT A PUBLIC HEARING HELD ON WEDNESDAY AUGUST 1,2OO1. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAWAND THE ORDER OF DECISION WAS APPROVED AND SIGNED DATE NOTED BELOW ao PUBLIC HEARING COMMENT SHEET . (PLEASE PRTNT CLEARLY),rhrrrr, NAME AG)NSH IL STREETADDRESS. JW Cnsfnrr sT CIry/STATEIZIP:@tt 6a )/y NAME OF CASE BEING HEARD:o Check the appropriate line: ) Applicant or Representative yL ln favor/ wish to speak_ do not wish to speak_ Neutral/ 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. qu