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Home My WebLink AboutPlanning & Zoninga) ANNING AND ZONINGPL ITEM DATE SUBMITTED BY ( b- -o tZo') o CALDWELL PUBLIC HEARING BEFORE HEARING EXAMINER MINUTES June 6,2002 Call to Order - Hearing Examiner, M. Jerome Mapp, opened the meeting for the public hearings at 7:00 p.m. and outlined the public hearing procedures. ll. Review of Proceedings - Mr. Mapp outlined the public hearing procedures. Members Present: Steve Hasson, Community Development Director, Debbie Geyer and Ben Weymouth (Assistant City Engineer). ll!. Hearings A. Case No. SUP-162-02, a request by Albino Ortega for special use permit approval of a dance hall at 3623 Lake Avenue (El Rey). The site is located in a C-3 (Service Commercial) zone. Testimony: Due to a conflict of interest, Steve Hasson stated that the hearing had been rescheduled before the Planning & Zoning Commission. The hearing would be held at the Caldwell Police Department Community Room on Thursday, June 20, at7:OO p.m. Public Hearing Closed: Mr. Mapp closed the public hearing B. To hear concurrently, Case Nos. SUB-70P-02 and VAR-25-02, a request by Renny Wylie for preliminary plat approval of Clearwater Plaza Subdivision, which consists of 5 commercial lots on 19.35 acres. ln addition, a request for a variance on the size of signage allowable on the site. The site abuts the eastern boundary of the Walmart Supercenter at 5108 E Cleveland Blvd. and is zoned C- 3 (Service Commercial). Testimony: Steve Hasson, Community Development Director, presented the staff report. Renny Wylie, Applicant, testified in favor of the application. NOTE: See Order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Public Testimony Closed: Mr. Mapp closed the testimony. Variance Procedure: Mr. Mapp answered true to allflve variance criteria.. Comprehensive 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; Land Use - Goal, Objectives A and C; Natural Resources -Goal, Objectives A and C, and Policy 1; Public Services, Utilities and Facilities - o !. ?/'s oo Goal, Objectives A, B, C, D and Policies 1,2,3,5, and 7; Transportation - Goal, Objectives A and B, Policies 1,2,3 and 5; Hazardous Areas Component - Goal, Objectives A & B, and Policy 2; Recreation - Goal, Objective A, and Policy 3; CommunityDesign-Goal, ObjectivesA, B, C, D, E, and G, Policies 1,2,3,5' 6' 8' 9, 10, and 11. Findings of Fact on Case No. VAR-25-02: The Hearing Examiner accepted the general facts outlined in the staff report as well as the fact that all five variance criteria were met. Conclusions of Law on Case No. VAR-25-02: Mr. Mapp accepted the Conclusions of Law as outlined in the staff report. Order of Decision on Case No. VAR-25-02: Mr. Mapp approved VAR-25-02 with conditions as outlined in the staff report to include crediting the adjoining property frontage also in his possession, to the subject property as a means of increasing the allowable signage area to 188 square feet. Findings of Fact on Case No. SUB-70P-02: The Hearing Examiner accepted the general facts outlined in the staff report and public testimony as Findings of Fact. Conclusions of Law on Gase No. SUB-70P-02: Mr. Map accepted the Conclusions of Law as outlined in the staff report. Recommendation to Gity Gouncil: Mr. Mapp recommended approval of SUB-70P- 02 with the conditions as outlined in the staff report. Public Hearing Closed: Mr. Mapp closed the public hearing. C. Case No. ANN-73-02 a request by lFl Partners ll for approval to annex approximately 30.41 acres into the City as an R-1 (Single Family Residential) zone. The site lies to the north of Ustick Road situated between the west side of the Phyllis Canal and the east side of Airport Avenue. The parcel extends northward from Ustick Road to abut the south side of Copperrock Subdivision. The site is within the Area of City lmpact and is currently zoned County R-1 (Single Family Residential). The parcels are legally described as that portion of the SW Quarter of the SE Quarter, Section 33 T4N R3W Boise Meridian, Canyon County ldaho, lying West of the Phyllis Canal as now located. Testimony: Steve Hasson, Community Development Director, presented the staff report. John Evans, Applicant, testified in favor of the application. Pubtic 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; Land Use - Goal; Objectives Applicable to All Land Uses - Objective C; Area of City lmpact - Objective A and Policy 5. Findings of Fact: The Hearing Examiner accepted the general facts outlined in the staff report as well as the facts brought forward during public testimony. Planning & Zoning Hearing Examiner Minutes - lune 5, 2002 IV oo Conctusions of Law: Mr. Mapp accepted the Conclusions of Law outlined in the staff report. Recommendation to City Councit: Mr. Mapp recommended approval of ANN- 73-O2with the conditions as outlined in the staff report. planning tssues - The next regularly scheduled Hearing Examiner meeting is July 3,2002. Adjoumment - Mr. Mapp adjourned the meeting at 8:00 p-m.v. MINUTES ADM]NISTRATIVELY APPROVED BY HEARING EXAMINER M. JEROME ON THE DATE NOTED BELOW ATTEST: M. Jerome Director Planning & Zoning Hearing Examiner Minutes - June 6, 2002 lllrr lr.z- Date a cAsE NO. ANN-73-02 IFI PARTNERS II ANNEXATION BEFORE THE HEARING EXAMINER CITY OF CALDWELL, IDAHO JUNE 6,2002 AN APPLICATION SUBMITTED BY lFI PARTNERS II REQUESTING ANNEXATION OF APPROXIMATELY 30.41 ACRES rNTO THE ctTy OF CALDWELL AS AN R-1 (SINGLE FAMTLY RESIDENTIAL) ZONE TO INCLUDE A DEVELOPMENT AGREEMENT. TABLE OF CONTENTS:I. COURSE OF PROCEEDINGS,!!. GENERAL FACTS,III. TESTIMONY,IV. APPLICABLE LEGAL ANALYSIS,V. COMPREHENSIVE PLAN ANALYSIS,VI. FINDINGS OF FACT,VII. CONCLUSIONS OF LAW,VI!I RECOMMENDATION 1.1 COURSE OF PROCEEDTNGS r I :,, ,., f.i. i , The Caldwell Community Development Department issued a notice of Fubliei'Flbaring on application ANN-73-02, to be held before the Hearing Examiner on June 6th, 2002. Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were met. On May 22, 2002 notice was published in the ldaho Press Tribune, and on May 17, 2002 notice was mailed to all property owners within 300 feet of the project site; and, on May 30, 2002 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. GENERAL FACTS o t! 2.1 2.2 2.3 APPLICANT: lFl Partners ll, c/o John Evans, 5699 North Rifle Way, Garden City, lD 83703. OWNER(S): Hal and Patricia Mickelsen, 306 Hilldrop St., Caldwell, lD 83605 REQUEST: To annex approximately 30.41 acres of land into the City as an R-1 (Single Family Residential) zone. Mr. Evans states in his narrative that is the Applicant's futuie desiire is to develop the property into a residential subdivision with City services. The propenty"is iontiguous to the City limits and located within the City's Area of lmpact. ' ',.,:: lj, ... ,,, , LOCATION: The site lies to the north of Ustick Road situated between the West 'side of the Phyllis Canal and the east side of Airport Avenue. The parcel extends northward from Ustick RoadtoabutthesouthsideofCopperrockSubdivision' 2.4 Pz-z 'a"'r I Density nf;entiar2.6 2.7 2.7.1 COMPREHE N DESIGNATION: Low COMPREHENSIVE PLAN COMPONENTS APPLICABLE THE REQUEST: 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. 2.7.2 School Facilities and Transportation: The School Districts were notified of the request through mailingofthepublichearingnoticeonMay17,2002. 2.7.3 Land Use: Area of City lmpact - The site is located in Canyon County within the Area of City lmpact and zoned County R-1 (Single Family Residential). Canyon County Development Services was notified of the request through mailing of the public hearing notice on May 17, 2002. 2.7.4 Public Services,lities and Facilities:ln a memo dated May 24, 2002, the Engineering Department provides the following: 1. Airport Avenue is designated as a major collector requiring 60 feet of rightof-weiy. Airport Avenue is currently is platted at fifty feet of right-of-way. , _i,ir ii,i {r( ,.,r,:: , 2. Ustick Road is designated as a principal arterial requiring 45 feet to centerline of fighl-of+Wayr'The property currently extends to within 25 feet of the centerline of Ustick. 3. A crossing is required over the Phyllis Canal to connect Airport on both sides of the canalrs)i ilit.'.; : i' 4. Sewer service is currently available 1 130 feet north of Easy Street along the continuation of Airport Avenue. Construction of a sewer line will be required along Airport Avenue to the intersection With UStiCk. . :r rii t-).,vi::i:.';. r .., ,' :,...:,.1..t .rl] i 1..,". ,.. 5. The Engineering Department requests that the applicant be required to enter into a Development Agreement to include the following: i, r,_, :: . r , a) 10 feet of additional right-of-way along Airport Avenue for a total of 60 feet. b) 20 feet of additional right-of-way along Ustick Road for a total half right-of-way of 45 feet. c) Road crossing of Phyllis Canal along Airport Avenue. ,'\ ' ,' i i d) Sewer line extension along Airport Avenue. ,, ; 2.7.5 Transportation: Ustick, at this location, is designated as a minor arterial'id-ctocding:rto-the functionally classified road map approved by City Council November 19,2001. 2.7.6 Fire protection: The CFD does not object to this annexation as it is appropridteinfr:ll',fbr the city. III TESTIMONY BEFORE p &Z GOMMISSION JUNE 6,2002: ,.,tir.:r r:t;,_;ir r)i il, i,; ,,r : ' ; jr.ii i;'1 t€ i-Si){:li,-ll;i r:.,';i"l 3.1 Steve Hasson, Community Development Director, presented the staff report'andl outlined the facts as stated. Mr. Hasson reported that the applicant wishes to develop a Subdivision with upper scale homes. A development agreement will be part of the annexationiSiiocesS: 'Mr: Hasson read Article ll of the Development Agreement - Conditions of the Rezone and Annexation - into the record. He stated that if the conditions of the Development Agreement were not met, the Agreement and the rezone request would be null and void, thus the parcel would default back to Canyon County and could only be developed as county:ioning. This would interfere with the development of a subdivision 3.2 John Evans, Applicant, testified in favor of the application. Mr. Evans reported that he had contacted Ben Weymouth, Assistant City Engineer, and discussed Articlest [ll:and;r{ oJ the .r.fr* r'n&i,H:frra liib' r-it., Lr.l+,'ii! ': ::,t-ll 1\ ' I Devetopment ngretnt. lt was determined tnat tneseQtems could be more specifically addressed as the subdivision was developed. Mr. Evans stated that he conourred'with the-staff report. V IV APPLICABLE LEGAL STANDARDS 4.1 4.2 4.3 4.4 5.3 Land Use - OBJECTIVE C: available. City of Caldwell Zoning Ordinance No. 1451, aS amended ,, ) .i r \, ' i : City of Caldwell Comprehensive Plan, aS amended :,. '.' r:r'ir'-r :ir1': ' tdaho Code, Title 67, Chapter 65, Local Planning Act 'l : ;i '':/ :\\ ldaho Code, Tiile SO, Chapter 2, bection 5A-22iMunicipal Corporations, regar(ing'annexqtion GoMPREHENSIVE PLAN ANALYSIS: The Hearing Examiner accepted the Gomprenensive Plan components as stated: ':.. a frriluiilc;" 5.1 Prope Riqhts - administrative action on specific property. pOLlCy 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.,actjon on specific property, and to request legal counsels review if any one of the criteria is:answered in theaffirmative. ': -'rrr;-{'-r' '1: 5.2 I : i-1, :j r1^, ,:.rr .. ., 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. poLlcy 1: lnclude the school districts in the review process when considerjhg:land-use proposals. At a minimum, notice of the hearing for each proposal should beiprovidedito the districts and any additional information that the di'stricts might subsequently request. 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. 'r --- - '- ' .'r "lii'r fi;i1i | :lti : oBJECTIVE B: To identify potential takings of private property prior to a regulatory or GOAL: To establish land-use management policies that protect property rights and the environment, maintain " nign quality of ife, provide adequate land for all typesrofiil'w$lopment and adequately buffer non-iornprtible uses. ' ' . , 'lj ' OBJECTIVES APPLICABLE TO ALL LAND USES: ir' , I : To promote growth in areas where public facilities and services are readily AREA OF CITY IMPACT OBJECTIVE A: To encourage development as a natural outward progressiUniof'the City's corporate boundaries and witiin areas ihat can be immediately annexed' ' :" - tr; " "''.' ' t ' poLlCy S: Encourage growth to occur primarily as a contiguous outw"ro "*frn,ion from the City's corporate bouniaiies. Discouragei'hopscotch" development. : i "' -"r, liCl-itS i:rnd r I rrlr;i'i,\.fttllli"' VI o The Hearing Examiner accepted the general facts outlined in the staff report, public testimony, and that thJApplicant will sign the proposed Development Agreement as the FindinSs of Fact' HEARING EXAMTNER'S CONGLUSIONS OF LAW The Hearing Examiner has the authority to hear this request and to recommend to the Mayor and city council that the annexation is approveo or denied; the hearing was legally noticed and posted, and was held under the requirements of ldaho code and city ordinancesil :' i ';' 1 HEARING EXAMINER',S RECOMMENDATION ! ,,,i , .i,. i.\ rr- : , Based on the Findings of Fact and conclusions of Law, the Hearing Examiner recommends to the Mayor and City douncil that Case No. ANN-73-02, a request by Jghl Evans to annex and rezone approximaterv g0.+r acres into ine city of caldwell as a R-1 (single Family Residential) zone to include a development agreement is approved with the following conditions: ln the event the submitted legal description is discovered to be inadequate, the applicant will be responsible for assuming the measures necessary to provide the City an accufate legal description 6.1 vil 7.1 vilt 8.1 8.2 g.3 The Applicant is required to dedicate 10 feet of additional right-of-way along Airport Avenue for a total of 60 feet and 20 feet of "ooitionur right-of-way along-Ustick Road for a total half right-of- wayof4Sfeet. ''lt':, ,-...'l-,,- r ' -t._::i g.4 A crossing is required over the phyllis Canal to connect Airport on both sides on"{he canal' g.s construction of a sewer line will be required along Airport Avenue to the intersection with Ustick Road. ;.- . ,, NOTE: These conditions have been placed in the attached development agreementr.r ',, ',t',, CASE NO. ANN-73-02 WAS HEARD BY THE HEARING EXAMINER AT A PUBLIC HENRI]:{C HELD JUNE 6,2002. OF FACTS, CONCLUSIONS OF LAW AND RECOMMENDATION WAS ' HEARING EXAMINER AND SIGNED ON THE DATE NOTED BELOW.WRITTEN FI APPROVED NDINGS me ring ner ''i:l'': unity Director r r: /r, l:,1 l r.1-r r: HEARING EXAMITR'S FINDINGS OF FACT -. .. _.,;tli 1 ',,i: i i,, 6afu fiate / oo PUBLIC HEA.i.ll\i G CCilrlil,iEliT SHEET {PLEASE PR.lillT CLEARLI oL. E -, STREET ADDR.ESS:6?7 P,LJE CITY/STATE'ZI P: Qa'/r"C-\ , aol, NAME OF CASE BEII.IG HEARD ,A N -73-oz 8)7o3 Check the aPProPriate line: Applicant or Repres entaave-/ 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- I I I I I l I I written comments may be attached to this form or you may write them in below 7*r