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HomeMy WebLinkAboutPlanning & ZoningPLANNING AND ZONING ITEM DATE SUBMITTED BY PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: - �- a l� d. >9-- STREET ADDRESS: CITYISTATEMP: /y NAME OF CASE BEING HEARD: %Vit.i Q Check the appropriate line: pplicant Representativ I Neutral/ In favor/. wish to speak do not wish to speak 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. -Z, r CASE NO. ANN-96-04 SCOTT NORMAN ANNEXATION Recommendation BEFORE THE CALDWELL HEARING EXAMINER CITY OF CALDWELL, IDAHO JAN UARY 25, 2005 • AN APPLICATION SUBMITTED BY SCOTT NORMAN FOR THE ANNEXATION OF 1 ACRE OF LAND INTO THE CITY OF CALDWELL AS C-3 ZONE • A REZONE FROM COUNTY AGRICULTURE TO C-3 (SERVICE COMMERCIAL) • A DEVELOPMENT AGREEMENT TO CLARIFY THE TERMS AND CONDITIONS OF THIS ANNEXATION AS PART OF THE REZONE PROCESS TABLE OF CONTENTS: 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, IX. OTHER CONDITIONS OF APPROVAL. COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application ANN-96-04, to be held before the Hearing Examiner on January 25, 2005. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On January 10, 2005 notice was published in the Idaho Press Tribune, and on January 7, 2005 notice was mailed to all property owners within 300 feet of the project site; and, on January 13, 2005 notice was posted on the site. 1.2 Files and exhibits relative to this application are available for review in the Community Development Department, Caldwell City Hall, as well as the public hearings. II GENERAL FACTS 2.1 OWNER (S): Scott Norman, 943 Aspen Court, Carlsbad, CA 92009. 2.2 REQUEST: To annex approximately 1acre of agricultural land as a C-3 (Service Commercial) zone with a 4800 square foot steel framed, metal building that is approximately 20 years old. The Applicant's narrative states that the annexation and zoning of the property will provide the City of Caldwell and the property developer the opportunity to market the property for lease to users compatible with the C-3 zone as found in Section 10-20-02, Land Use Table 1 of the Caldwell Zoning Ordinance No. 1451. Staff has prepared a proposed Development Agreement to accompany this annexation request. (see A-2, Applicant's Narrative) 2.4 LOCATION: The property abuts Franklin Road to the south and is approximately 1,200 feet west of the KCID Road and Franklin Road intersection. (see A-4 — vicinity map) Page 1 of 5 Public Nearing of Januafy 25, 2005 f 2.5 LEGAL DESCRIPTION: A legal description is attached and incorporated into this document as well as the development agreement by reference. (see Development Agreement) 2.6 COMPREHENSIVE PLAN DESIGNATION: The Comprehensive Land Use Map designation is County Agricultural. The Applicant is requesting that the parcel be designated as Commercial. The area qualifies for annexation because it is contiguous to the City and within the City's area of impact. If approved, the parcel will be included in the next available update of the Comprehensive Plan Land Use Map. The requested C-3 zone is compatible with the vicinity and is located on a Principal Arterial roadway. 2.7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: 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. 2.7.2 School Facilities and Transportation: Vallivue School District was notified of the request through mailing of the public hearing notice on January 7,2005. 2.7.3 Land Use: The parcel is zoned County Agricultural, the parcel will be rezoned to C-3 (Service Commercial) Rezoned parcels of land are subject to a development agreement. Accordingly, a development agreement will be attached to this annexation/rezone proposal. The development agreement will need to be essentially agreed upon prior the annexation ordinance being submitted to the Mayor and Council for their consideration. The properties directly to the south were are within the City of Caldwell limits and serve as the basis for this parcel being contiguous. The land parcels to the east are used for farming purpose. Canyon County Development Services was notified of the request through mailing of the public hearing notice on January 7, 2005. 2.7.4 Public Services. Utilities and Facilities: In a memo dated December 10, 2004, the Engineering Department submitted the following comments: The Engineering Department does not appose the request by Scott Norman for annexation of approximately 1 acre into the City as a C-3 zone, but does provide the following list of comments concerning future development of this site: Currently there is no right-of-way along Highway 20-26. Future development of this site will require the dedication of a 70 -foot one-half width right-of-way in accordance with Idaho Transportation Department requirements. 2. Future development will require the applicant to connect to the City's Municipal water system. Water is available adjacent to the north boundary of the property. 3. Future development will require the applicant to connect to the City's Municipal sewer system. Sewer is available adjacent to the north boundary of the property. 4. Future development will require adherence to the City's Infrastructure Improvement Policy. Construction of curb, gutter and sidewalk improvements will be required in accordance with ITD standards. 5. Future development of the site will require compliance with the City of Caldwell Storm Water Management Policy, 6. Per the Landscape Ordinance section 10-07-12, irrigation water for the subject property shall be obtained from the appropriate Irrigation District sources. Page 2 of 5 Public Nearing of January 25, 2005 t r 2.7.6 Fireprotection: In a memo dated January 12, 2005, the Fire Marshall submitted the following comment: It should be noted that there are approximately 20 addresses along both sides of Highway 20-26 (including this one) between S. Aviation Way and KCID Road that do not meet city addressing standards with the even and odd address numbers are backwards. The CFD has begun action to correct this problem and all developed parcels with Highway 20-26 addresses in this stretch will be required to change their addresses to fix the problem before any further development occurs. 2.7.7 Irrigation: In a memo dated January 10, 2005, Pioneer Irrigation submitted the standard comments applicable to a redevelopment in the future. (Comments were not applicable to the existing use.) 2.7.8. Idaho Transportation Department -- In a letter dated December 17, 2004, Dan Coonce, District Traffic Engineer, submitted the following comments: This part of US-20-26 is designated as a Type IV access control. Approach spacing for a Type IV is one half mile for urban area and one mile for rural area. Please send us a vicinity map of Scott Norman's development to help us understand the impact it is going to have on the highway system. We would like to see any future site plans that show new approaches to said property. Noise abatement will be the responsibility of the applicant and will be constructed off of the State Right of Way. January 5, 2005: Debbie Geyer contacted ITD and spoke with Matt Ward. Ms. Geyer explained that the application is for an annexation request only with the existing use continuing at this time as per information provided from the applicant. Mr. Ward stated that future development will impact possible necessary frontage road requirements with ITD. TESTIMONY BEFORE THE HEARING EXAMINER 3.1 Debbie Geyer, Community Development Specialist, presented the staff report and outlined the request. Ms. Geyer noted that all of the public agency comments received by staff were favorable. Upon future development the Applicant must address current City codes and ordinances regarding stormwater, landscaping, infrastructure, and utilities. Ms. Geyer read the letter from ITD (Exhibit HE-1000) into the record and clarified her dialogue with ITD regarding the ingress egress driveway which is already in existence. Matt Ward, ITD, confirmed that upon future development, additional driveway access would be reevaluated. 3.2 Scott Norman, Applicant, testified in favor. Mr. Norman stated dialogue with staff began last summer and he understood City staff was in favor. He noted that future development was not contemplated at this time. 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 4.5 Idaho Code, Title 67, Chapter 65, Section 11A, regarding development agreements V THE HEARING EXAMINER'S COMPREHENSIVE PLAN ANALYSIS - The request is applicable to the following Comprehensive Plan Components: 5.1 Property Rights - Page 3 of 5 Public Hearing of January 25, 2005 r 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 Idaho 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 School Facilities andTransportation- 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: Include 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 Vallivue School District was notified of the request through the public hearing notification process. 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 City Impact OBJECTIVE A: To encourage development as a natural outward progression of the City's corporate boundaries and within areas that can be immediately annexed. OBJECTIVE B: To support Canyon County's efforts to protect valuable agricultural land by encouraging development to occur inside areas that area within City/County Impact boundaries. POLICY 5: Encourage growth 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. 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. Page 4 of 5 Public Nearing of January 25, 2005 r r�' POLICY 5: Ensure that there are adequate water/sewer systems by planning for short- and long-term water and sewer expansion projects. 5.5 Public Safety Component - GOALS: I. To provide for a safe and secure community. II. To provide for adequate public safety facilities and services. VI THE HEARING EXAMINER'S FINDINGS OF FACT 6.1 The Caldwell Hearing Examiner accepts as the Findings: 1) The facts outlined in the staff report; 2) Public testimony; 3) Exhibit HE-1000. VII THE HEARING EXAMINER'S CONCLUSIONS OF LAW 7.1 The Hearing Examiner advises, as part of this motion, that he has 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 Idaho Code and City ordinances. VIII THE HEARING EXAMINER'S RECOMMENDATION 8.1 Based on the Findings of Fact and Conclusions of Law, the Hearing Examiner recommends to the Mayor and City Council that Case No. ANN-96-04, a request by Scott Norman to annex approximately 1acre into the City of Caldwell as a C-3 zone, to include a Development Agreement is approved. If approved, the parcel will be included in the next available update of the Comprehensive Plan Land Use Map. A Development Agreement shall be recorded as an attachment to the annexation ordinance. IX OTHER CONDITIONS OF APPROVAL 9.1 Development Agreement: This land application proposal is subject to a development agreement to be signed by the principals prior to the annexation ordinance adoption. CASE NO. ANN-96-04 WAS HEARD BY THE CALDWELL HEARING EXAMINER AT A PUBLIC HEARING HELD JANUARY 25, 2005. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION WAS APPROVED AND SIGNED BYHF-ARING EXAMINER JEROME MAPP ON THE DATE NOTED BELOW. ATTEST: M. Jerome pp IF Date # lopment Staff Page 5 of 5 Public Hearing of January 25, 2005