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HomeMy WebLinkAboutPlanning & Zoningl PLANNING AND ZONING ITEM DATE SUBMITTED BY �- iCL 2L4- CASE NUMBER ANN-93-04 I-841AIRPORT ANNEXATION & REZONE OF FOUR PUBLIC LAND PARCELS Recommendation BEFORE THE PLANNING AND ZONING COMMISSION CITY OF CALDWELL, IDAHO OCTOBER 19, 2004 The applicant is advised that the City of Caldwell is obliged to conduct a regulatory takings analysis whenever requested by a property owner whose real property is subject to a government action, in the instance where the applicant's proposal is denied or they disagree with a condition of approval; the property owner must make a written request for the analysis within 28 days of the final decision of the government entity. For information regarding the takings analysis - see Regulatory Takings Act, Title 67 Chapter 80, Idaho Code. THE FOLLOWING LAND USE ACTIONS ARE A FEATURE OF THIS APPLICATION: • ANNEXATION OF 4 SEPARATE LAND PARCELS CONTIGIUOUS TO THE CITY'S MUNICIPAL BOUNDARY INTO CALDWELL; • REZONING THE LAND FROM THE CANYON COUNTY A -AGRICULTURE ZONE TO THE CITY OF CALDWELL'S M-1 (LIGHT INDUSTRIAL) ZONE; • COMPREHENSIVE LAND USE MAP AMENDMENT DESIGNATING THE LAND PUBLIC TABLE OF CONTENTS: I COURSE OF PROCEEDINGS, Ili GENERAL FACTS, III TESTIMONY, IV APPLICABLE LEGAL STANDARDS, V COMPREHENSIVE PLAN ANALYSIS ON CASE NUMBER ANN-93-04, VI FINDINGS OF FACT ON CASE NUMBER ANN-93-04, VII CONCLUSIONS OF LAW ON CASE NUMBER ANN-93-04, VIII RECOMMENDATION ON CASE NUMBER ANN-93-04 IX OTHER CONDITIONS OF APPROVAL COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application ANN-93-04, to be held before the Planning and Zoning Commission on October 19, 2004. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On October 4, 2004 notice was published in the Idaho Press Tribune, and on October 1, 2004 notice was mailed to all political subdivisions providing services to the City of Caldwell. A list of those political subdivisions has been made a part of the case file. 1.1 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/OWNER: Parcel 4: The City of Caldwell, 621 Cleveland Blvd., Caldwell, ID 83605 and Parcel 1-3: Idaho Transportation, Pam Lowe, P.O. Box 8028, Boise, ID 83707. Page 7 of 5 Public Nearing of October 19, 2004 P;1-) r 2.2 APPLICANT'S REPRESENTATIVE: Dave Marston and Steven Hasson, City of Caldwell, 621 Cleveland Blvd., Caldwell, ID 83605, 2.3 REQUEST: To annex 4 public land parcels into the City. This action is intended to clean up the municipality's boarders through the elimination of out parcels of land that are surrounded by the City on all sides, yet remain in the State. This action will remove 4 of the 14 parcels located within the City boarders that have that status. Parcel 1 through 3 are portions of Interstate 1-84 rights or way that have never been annexed even though they are located within the City's boundary. The folding of these three lands into the municipality's boarders will clarify law enforcement jurisdiction along the interstate corridor through Caldwell. Parcel 4 was deeded to the City of Caldwell as part of the Airport Master Plan process that recognizes the need to acquire properties for the purpose of the airport expansion. The annexed land will be rezoned to M-1 (light manufacturing zone) and designated as public on the City's comprehensive land use map. There will not be a development agreement with this land use application given that the annexed land will only be used for public right of way purpose. 2.5 LOCATION 1 LEGAL DESCRIPTION: A legal description is incorporated into this document by reference. 2.6 COMPREHENSIVE PLAN DESIGNATION: As the land is annexed into the City it will be designated on the City's comprehensive land use map as "Public". 2.7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST (2.7.1 through 2.7.8): 2.7.1 Property Rights: The five checklist criteria set forth by the Attorney General in the "Idaho Regulatory Takings Act Guidelines" were reviewed by planning staff. The City of Caldwell is obliged to conduct a regulatory takings analysis whenever requested by a property owner whose real property is subject to a government action, in the instance where the applicant's proposal is denied or they disagree with a condition of approval. The property owner must make a written request for the analysis within 28 days of the final decision of the government entity. For information regarding the takings analysis - see Regulatory Takings Act, Title 67 Chapter 80, Idaho Code 2.8.2 School Facilities and Transportation: The Vallivue and Caldwell School Districts were notified of this request through mailing of the public bearing notice on October 1, 2004. 2.8.3. Land Use: The property is located outside of the City's area of impact but contiguous to the City of Caldwell. The land is currently zoned County Agriculture but will be annexed into the City and rezoned to M-1 (light industrial). The rezone will be accompanied by a comprehensive plan map amendment. 2.8.4 Transportation: In a letter dated June 3, 2004, the Idaho State Transportation Department (ITD) submitted the following comments: Thank you for giving us the opportunity to comment on the airport annexation. At this time we have no objection to this application. The access to the development must be off of the existing county road system. No new access will be allowed off of the state highway system. 2.8.5 Public Services. Utilities and Facilities: In a memo dated August 30, 2004, the Engineering Department submitted the following comments: The Engineering Department does not oppose the request by City of Caldwell Public Works Department for annexation of approximately 50.56 acres of which parcels 1-3 are portions of Interstate 1-84 right-of-way and Page 2 of 5 Public Hearing of October 19, 2004 i °k parcel 4 was deeded to the City of Caldwell as part of the Airport Master Plan into the City as an M-1 zone (light industrial), but does provide the following list of comments concerning future development of this site: 1. Any development of these parcels will require the applicant to connect to water and sewer service and extend to the subject property if not available. 2. Any development of these parcels will require adherence to the City's Infrastructure Improvement Policy. 3. Any development of these parcels will require compliance with the City of Caldwell Storm Water Management Policy dated December 1998. 2.8.6 Fire protection: The Caldwell Fire Department supports this annexation project. 2.8.7 Irrigation: In a letter dated July 27, 2004, Pioneer Irrigation submitted comments. III TESTIMONY 3.1 Steve Hasson, Community Development Director, presented the staff report and outlined the facts as written. He noted two corrections in the public notice: 1) The case number should read: ANN-93-04 and; 2) The statement should read: As a part of the annexation request, the Comprehensive Plan Land Use Map would be amended to designate this parcel as seaeial public; the amendment would be included in the next available update of the Comprehensive Land Use Map. Mr. Hasson stated that the request is to annex four (4) public land parcels into the City of Caldwell to eliminate out parcels surrounded by the City of Caldwell. He noted that this action will remove 4 of the 14 parcels located within the City boarders. He stated that three of the parcels are located along Interstate 1-84 rights -of -way and parcel 4 is part of the Airport Master Plan and that the annexed land will be rezoned to M-1 (Light Industrial). Mr. Hasson stated that the annexation of the four parcels will assist law enforcement dispatch personnel in identifying the proper jurisdiction for emergency vehicles. 3.2 Dave Marston, City Mapping Superintendent, testified in favor of the application. Testimony closed. IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell Zoning Ordinance No. 1451, as amended 4.2 City of Caldwell Comprehensive Plan, as amended 4.3 Idaho Code, Title 67, Chapter 65, Local Planning Act 4.4 Idaho Code, Title 50, Chapter 2, Section 50-222 Municipal Corporations, regarding annexation V PLANNING AND ZONING COMMISSION'S COMPREHENSIVE PLAN ANALYSIS RELATING TO CASE NUMBER ANN-93-04 - The Planning and Zoning Commission accepted the comprehensive plan analysis as written: 5.1 Property Riahts - 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. 5.3 School Facilities and Transportation - Page 3 of 5 Public Hearing of October 19, 2004 .ti GOAL: To provide on -going opportunity for school representatives of Caldwell and Vallivue School Districts to participate in the community planning process. 5.5 Land Use — GOALS: I. 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. ll. To create a strong sense of community and place. Ill. To create communities that are more livable, affordable and ecologically sustainable. IV. To create communities that accommodate cost effective public services and infrastructure. OBJECTIVE A: To guide the growth and development of land uses in such a way that the health, safety, and general welfare of residents will be protected. 5.8 Public Services. Utilities and Facilities — GOALS: I. To ensure that there are adequate public services and infrastructure to meet the needs of the public. 11. To optimize the public investment in services and facilities. OBJECTIVE B: To coordinate efforts among public agencies in order to provide better services to the public. 5.9 Transportation - I. To provide for the efficient, safe, and cost-effective movement of people and goods. II. To protect public safety and the environment. 5.12 Community Design -- GOAL: Foster growth in a manner that will enhance and improve the City's visual image. 5.13 Public Safety Component — GOALS: I. To provide for a safe and secure community 11. To provide for adequate public safety facilities and services. OBJECTIVE A: Maintain and improve existing level of services and response times. OBJECTIVE B: Plan for the needs of future growth and costs for expanding services. POLICY 1: Achieve a desired level of service for the Fire Department. POLICY 2: Achieve a desired level of service for the Police Department. VI AMENDMENT TO THE COMPREHENSIVE LAND USE MAP Page 4 of 5 Public Hearing of October 19, 2004 6.1 The Planning and Zoning Commission recommended to the Council that the comprehensive land use map be modified to public designations. The modifications will be included in the next available update of the Comprehensive Plan Land Use Map. VII PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT ON ANNEXATION (ANN-93-04) 7.1 The Caldwell Planning and Zoning Commission accepted the facts outlined in the staff report and public testimony and part of the Findings of Fact. VIII PLANNING AND ZONING COMMISSION'S CONCLUSIONS OF LAW ON ANNEXATION (ANN-93- 04) 8.1 The Caldwell Planning and Zoning Commission has the authority to recommend to the Mayor and City Council that this request be approved or denied. The public notice requirements were met and the hearing was held within the guidelines of applicable codes and ordinances. IX PLANNING AND ZONING COMMISSION'S RECOMMENDATION ON ANNEXATION (Case No. ANN-93-04) TO INCLUDE A COMPREHENSIVE PLAN MAP AMENDMENT FOR PURPOSE OF DESIGNATING THE SITE PUBLIC) 9.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning Commission recommends to the Mayor and City Council that Case Number ANN-93-04, a request by the City of Caldwell to annex 4 parcels of public land, representing approximately 50.56 acres of land into Caldwell as M-1 (light industrial) zone, to include a comprehensive plan map amendment designating the property "Public" is approved with the following conditions: 9.2 These four land parcels are not intended to be developed and will be subject to further land use action(s) in the event they develop in the future. CASE NO. ANN-93-04 WAS HEARD BY THE PLANNING AND ZONING COMMISSION AT A PUBLIC HEARING HELD OCTOBER 19, 2004. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION WAS _,ADMINISTRATIVELY APPROVED AND SIGNED BY CHAIRMAN ALLDREDGE ON THE DATE NOTED BELOW �� ' z "�T ATT . aul Alftceegd,air Date Development Page 5 of 5 Public Hearing of October 19, 2004 NAME: PUBLIC HEARING COMMENT SHEET C (PLEASE PRINT CLEARLY) M STREET ADDRESS:(0� 1 C j_ c�A i,t zLJ'D CITYISTATEOP: NAME OF CASE BEING HEARD: — G N - q 0 4 Check the appropriate line: Applicant or Representative I Neutral/ wish to speak 1 do not wish to speak . I In favor/. I Opposed/ wish to speak r 1 wish to speak do not wish to speak I do not wish to speak I Written comments may be attached to this form or you may write them in below.