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PLANNING AND ZONING
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CASE NO. ANN.65.O2
BRENT MERRICK
BEFORE THE PLANNING AND ZONING COMMISSION
CIry OF CALDWELL, IDAHO
MARCH 28,2002
AN APPLICATION BY BRENT MERRICK TO ANNEX APPROXIMATELY .96 ACRE INTO THE CITY
oF CALDWELL AS A C4 (FREEWAY COMMERCTAL) ZONE
TABLE OF GONTENTS:I. COURSE OF PROCEEDINGS,II. GENERAL FACTS,II!. TESTIMONY,IV. APPLICABLE LEGAL ANALYSIS,V. COMPREHENSIVE PLAN ANALYSIS,VI. FINDINGS OF FAGT,VII. CONCLUSIONS OF LAW,VIII RECOMMENDATION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on
application ANN-65-02, to be held before the Planning and Zoning Commission on March 28th,
2002. Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were
met. On March 13, 2002 notice was published in the ldaho Press Tribune, and on tt/arch 8,
2002 notice was mailed to all property owners within 300 feet of the project site; and, on March
21, 2OO2 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
2,1 APPLICANT:Brent Merrick 3200 Muller Lane, Caldwell, ldaho 83605.
2.2 OWNER: Same
REQUEST: To annex approximately one acre (.96) of land into the City as a C-4 (Frebway
Commercial) zone. The Applicant advises in his narrative (A-2) that his well has gone bad and
that he is desirous of connecting to City water. The applicant states that City sewer is not
available to this site so he will continue to rely upon an onsite septic tank system. The property
is located within the City's Area of lmpact and is contigious to the City limits.
2.3
2.4 LOCATION: The property is located at 3200 Muller Lane. Muller lane is the frontage road off of
Franklin Road, across from the entryway into the Flying J Complex.
LEGAL DESCRIPTION: 23-4N-3W SE
E 162,26'OF TX 23 LYING N OF FRONTAGE RD IN SWSE
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2.5
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COMPREHENSIVE PLAN DESIGNATION: Commerciat.2.6
2.7
2.7.1
2.7.2
2.7.3
2.7.4
1.
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2
Propertv Riqhts: The five checklist criteria set forth by the Attorney General in the "ldaho
Regulatory Takings Act Guidelines" were reviewed by planning staff. None of the criteria were
answered in the affirmative.
School Facilities and Transportation: The Vallivue School District was notified of the request
through mailing of the public hearing notice on March B,2OO2.
Land Use: Area of City lmpact - The site is contiguous to the City's boundary, is located within
the Area of City lmpact, and currently zoned County Service Commercial. The applicant is
requesting C-4 (Freeway Commercial) zoning. The purpose of the C-4 zone is to accommodate
land uses in proximity to the freeway on and off ramps, frontage and access roads. Uses within
this zone are to be restricted to those intended to accommodate highway and frontage road
users. lt should be noted that the land lying directly to the east is zoned C-4
Public Services. Utilities and Facilities: ln a memo dated March 15, 2002, the Engineering
Department provides the following comments:
The Engineering Department does not oppose the annexation, and the sewer and water
systems are capable of providing service to the area. The property is currently connected to
City water services. Sewer facilities are available approximately 1 100' to the southeast. Access
to these facilities would require crossing Hwy 20126 (Franklin Blvd.).
The proposed annexation lies approximately 6700 feet NW of the nearest airport runway, within
the low level glide path designated in the Airport Master Plan. Height restrictions may be
imposed on future development to accommodate future airport expansions. Some overly
sensitive residents may provoke complaints and legal battles against noise associated with
Airport operations in this path. The Engineering Department recommends passive measures to
limit residents'ability to challenge existing and planned uses at the Airport. These may take the
form of avigation easements or deed restrictions. The Engineering Department invites input
from developers on ways and means of protecting the Airport from these nuisance complaints.
Fire protection: ln a memo dated March 15,2002, the CFD supports this annexation butdoes
have one possible concern. Recently Canyon County approved the construction of a couple
of new commercial buildings near this property. For whatever reason, the fire department was
left out of the plan review process on those new buildings. Therefore, if the City is annexing a
couple of "neW' commercial buildings that may not be in conformance with the fire code of
Caldwell, then I would respectfully request that the P&Z Commission require that the owner
submit to a fire inspection of those buildings and agree to ensure that they will conform with the
fire code requirements of Caldwell.
III TESTIMONY
3.1 Steve Hasson, Community Development Director, presented the staff report. Mr. Hasson stated
that the Applicant has requested to annex approximately one acre of property into the City due
to a malfunctioning well. City sewage is not available to the property so the owner will rely on a
septic system. The property is within the City's impact area and is contiguous to City property.
Ben Weymouth, Assistant City Engineer, in response to an inquiry from Chairman Blacker,
stated that due to the emergency nature of a malfunctioning well, the applicant is currently
connected to City water with an agreement to annex.
2.7.5
3.2
3.3 ' 'Commissioner Ro;". inquired of staff as to tne exactttion of the parcel. Mr. Hasson
indicated the location on the City zoning map.
3.4 Brent Merrick, Applicant, reported that the well was infested with mice. Mr. Merrick stated his
appreciation of the City Engineering Department in assisting him with acquiring water quickly.
3.5 Commissioner Teraberry inquired of the Applicant if there were commercial buildings next to his
parcel.
3.6 Mr. Merrick stated that the commercial buildings next to his property did not belong to him.
Testimony closed.
IV APPLICABLE LEGAL STANDARDS
4.1
4.2
4.3
4.4
City of Caldwell Zoning Ordinance No. 1451, as amended
City of Caldwell Comprehensive Plan, 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 - The Planning and Zoning Commission accepted the analysis
as proposed.
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.
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.
5.2 Schoo! 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.
5.3 Land Use -
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 CIIY ",il"'
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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 growth to occur primarily as a contiguous outward expansion from the
City's corporate boundaries. Discourage "hopscotch" development.
VI PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT
6.1 The Planning and Zoning Commission accepted the general facts outlined in the staff report,
testimony, and comments by the Caldwell Fire Department (Point 2.75) concerning the owner
submitting to a fire inspection of neighboring commercial buildings; however, the Applicant
stated that the buildings did not belong to him.
vI
7.1
PLANNING AND ZONING GOMMISSION'S CONCLUSIONS OF LAW
The Planning and Zoning Commission has the authority to hear this request and to recommend
to the Mayor and City Council that the annexation is approved; the hearing was legally noticed
and posted, and was held under the requirements of ldaho Code and City ordinances.
VIII PLANNING AND ZONING COMMISSION'S RECOMMENDATION
8.1 Based on the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission
recommends to the Mayor and City Council that Case No. ANN-65-02, a request by Brent
Merrick to annex approximately .96 acre (3200 Muller Lane) into the City of Caldwell as a C-4
(Freeway Commercial) zone is approved.
CASE NO. ANN-65-02 WAS HEARD BY PLANNING AND ZONING COMMISSION MEMBERS AT A PUBLIC
HEARING HELD MARCH 28, 2002.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION WAS
ADMINSITRATIVELY APPROVED AND SIGNED BY CHAIRMAN JIM BLACKER ON THE DATE NOTED
BELOW
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Jim Blacker Date
Com Development Director
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