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HomeMy WebLinkAboutPlanning & ZoningPLANNING AND ZONING TTEM DATE SUBlV=D BY 5 S a City of Caldwell COMMUNITY DEVELOPMENT DEPARTMENT Land Use and Zoning Services March 30, 2006 Mike and Janice Brooks 1103 W. Ash Caldwell, ID 83605 Re: RECOMMENDATION — CASE NUMBER ANN-I 10-05 BROOKS ANNEXATION Dear Mr. and Mrs. Brooks: Enclosed for your files is a copy of the ANN-110-05 Recommendation as approved and signed on March 28 2006 by the Hearing Examiner, M. Jerome Mapp. If we can be of any assistance or if you have any questions, please call me. Sincerely, Brian Billingsley, AICP Senior Planter Enclosure cc: Case File CITY HALL • 621 CLEVELAND BLVD. QO, BOX 1177 - CALDWELL, ID 83605 (208) 455-3021 • (FAX) (208) 455-3050 CASE NO. ANN-110-05 Mike & Janice Brooks 1103 W. Ash Recommendation r BEFORE THE CALDWELL HEARING EXAMINER CITY OF CALDWELL, IDAHO December 27, 2005 AN APPLICATION SUBMITTED BY MIKE AND JANICE BROOKS FOR THE ANNEXATION OF APPROXIMATELY 1.3 ACRES OF LAND INTO THE CITY OF CALDWELL AS R-1 (LOW DENSITY RESIDENTIAL) A REZONE FROM COUNTY AGRICULTURE TO R-1 (LOW DENSITY RESIDENTIAL) 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, Vill. 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-110-05, held before the Hearing Examiner on December 27, 2005. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On December 4, 2005 notice was published in the Idaho Press Tribune, and on December 9, 2005 notice was mailed to all property owners within 300 feet of the project site; and, on December 16, 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): Mike and Janice Brooks, 1103 W. Ash, Caldwell, ID 83605. 2.2 APPLICANT: same 2.3 REQUEST: To annex approximately 1.3 acres of agricultural land as R-1 (Low Density Residential), zone with an existing residential home, pool shed, detached garage and swimming pool. The Applicant's narrative annexation in order to connect to city services 2.4 LOCATION: The property is located at 1103 W. Ash. 2.5 LEGAL DESCRIPTION: A legal description is attached and incorporated into this document a potion of the formerly subdivide plat of Mitchells Acreage. Pagel of 5 ANN-110-05 Brooks Annexation HEOD Public Hearing of December 27, 2005 ti 4V A 2.6 COMPREHENSIVE PLAN DESIGNATION: The Comprehensive Land Use Map designation is Residential Commercial. The Applicant is requesting that the parcel be designated as Low Density Residential, Neighborhood Commercial and Community Commercial. The area qualifies for annexation because it is contiguous to the City and within the City's area of impact. The requested R-1 is compatible with the vicinity and is located on a local 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. The criteria is as follows: 1. Does the regulation or action result in a permanent or temporary physical occupation of the land? No 2. Does the regulation or action require a property owner to dedicate a portion of property or to grant an easement? No 3. Does the regulation deprive the owner of all economically viable uses of the property? No 4. Does the regulation have a significant impact on the landowner's economic interest? No 5. Does the regulation deny a fundamental attribute of ownership? No 2.7.2 School Facilities and Transportation: Vallivue and Caldwell School Districts were notified of the request through mailing of the public hearing notice on November 23, 2005. 2.7.3 Land Use: The parcel is zoned County Agricultural, the parcel will be rezoned to R-1 (Low Density Residential) The properties directly to the east, west and south are within the City of Caldwell limits and serve as the basis for this parcel being contiguous. Canyon County Development Services was notified of the request through mailing of the public hearing notice on November 28, 2005. 2.7.4 Transportation: The property currently being considered for annexation is located at 1103 W. Ash near the southeast corner of Farmall Way and Ash Street. Farmall Way Road is a principal arterial. 2.7.5 Public Services. Utilities and Facilities: In a memo dated December 8, 2005, the Engineering Department submitted the following comments: The Engineering Department does not appose the request by Mike & Janice Brooks for annexation of approximately 1.3 acres into the City with an R-1 designation. The site is located at 1103 Ash Street. However the Engineering Department does provide the following list of comments concerning future development of this site: Rights -of -Wax 1. Ash Street is a non classified street. Currently there is a twenty-five (25) foot half width right-of- way along the Ash Street frontage. The applicant will be required to dedicate to the public an additional three (3) foot of right-of-way along the Ash Street frontage to meet minimum city standards for a non classified street. Street 1. 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 City standards. ANN-110-05 Brooks Annexation HEOD Page 2 of 5 Public Hearing of December 27, 2005 Sewer & Water 1. The Applicant has recently connected to both sewer and water and all applicable fees have been paid. Storm Drain 1. Future development of the site will require compliance with the City of Caldwell Storm Water Management Policy. Irriclation 1. Irrigation water for any and all landscaping shall be obtained from applicable Irrigation District sources. City municipal water may be used only if the criteria specified in the Landscape Ordinance Section 10-07-12 are met. General 1. Prior to commencement of construction in any dedicated right-of-way, the City Engineer staff is to be notified. Appropriate City personnel are to be notified in advance of all required inspections. 2. All traffic control for the project shall meet the requirements of the Manual on Uniform Traffic Control Devices (M.U.T.C.D.) and the City Engineer. The contractor shall provide a traffic control plan to the City Engineer for review prior to any construction within the right-of-way. 3. Appropriately licensed public works contractors shall perform all construction of dedicated facilities. 2.7.6 Fire protection: The Caldwell Ambulance District was notified of the request on November 28, 2005. 2.7.7 Irrigation: The irrigation districts were notified of the request for public comment on November 28, 2005. III TESTIMONY before the Hearing Examiner on December 27, 2005 3.1 Melodie Halstead, Community Development Staff, presented the facts associated with this file. 3.2 Applicant was not present. 3.3 No one signed to testify for this annexation. Testimony Closed at 8:07 p.m. 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 Page 3 of 5 ANN-110-05 Brooks Annexation HEOD Public Hearing of December 27, 2005 V THE HEARING EXAMINER'S COMPREHENSIVE PLAN ANALYSIS: The Hearing Examiner accepts the Comprehensive Plan as stated or modify it as necessary. 5.1 Property Rights - 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 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: 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 and Caldwell School Districts were 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. ANN-110-05 Brooks Annexation HEOD Page 4 of 5 Public Hearing of December 27, 2005 r 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. 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 Hearing Examiner accepts the facts outlined in the staff report. 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-110-05, a request by Mike and Janice Brooks to annex approximately 1.3 acres into the City of Caldwell as R-1 is approved. IX OTHER CONDITIONS OF APPROVAL 9.1 None CASE NUMBER ANNA 10-05 WAS HEARD BY THE HEARING EXAMINER AT A PUBLIC HEARING HELD DECEMBER 27,2005. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE ORDER OF DECISION WAS ADMINISTRATIVELY APPROVED AND SIGNED BY HEARING EXAMINER MAPP ON THE DATE NOTED BELOW. Jerome M Date: JI�V /� G ATTEST: Community Development Director Page 5 of 5 ANNA 10-05 Brooks Annexation HEOD Public Hearing of December 27, 2005