The URL can be used to link to this page

Home My WebLink AboutPlanning & Zoningo PLANNING AND ZONING ITEM DATE SUBMITTED BY I o GASE NO. ZON-22-02 WALTER WILLARD REZONE REQUEST BEFORE THE PLANNING AND ZONING COMMISSION GITY OF CALDWELL, IDAHO MAY 16,2002 A REQUEST BY WALTER WTLLARD TO REZONE A LOT FROM R-2 (COMBINED MEDTUM DENSTTY RESTDENTTAL) TO C-3 (SERVTCE COMMERCTAL) AN ACCOMPANYING REQUEST TO AMEND THE COMPREHENSIVE MAP TO ACCOMMODATE THIS LAND USE CHANGE TABLE OF GONTENTS: COURSE OF PROCEEDINGS GENERAL FACTS TEST!MONY APPLICABLE LEGAL STANDARDS COMPREHENSIVE PLAN ANALYSIS FINDINGS OF FACT GONCLUSIONS OF LAW RECOMMENDATION ORDER OF DEGISION OTHER CONDITIONS OF APPROVAL I COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of public Hearing on application ZON-22-02 to be held before the Caldwell Planning and Zoning Commission on May 16,2002. Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, have been met. On April 23, 2002 notice was published in the ldaho-Press Tribune; on April 26, 2002 notice was mailed to all property owners within 300 feet of the project site and to all political subdivisions providing services to the City of Caldwell; and on May 9, 2002 notice was posted on the site. 1.2 Files and exhibits relative to this application were available for review in the Community Development Department; Caldwell City Hall will be available for review at the hearing. II GENERAL FACTS 2.1 APPLICANT: Walter Willard - 911 North 3'd Avenue - Caldwell !D 83605 2.2 OWNER (S): Same as above. PROPOSAL: A request by Mr. Willard to rezone his 40 foot by 120 foot corner lot from R-2 to C-3. His narrative notes that all land parcels along his block are zoned C-3 and therefore the rezone request is consistent with the adjoining properties zoning. Additionally, the properties that front on Hannibal serve as a buffer between the more intense freeway to the south and the residential property to the north. This fact lends further impetus to the rezone request. The Comprehensive Land Use designation is medium density residential so the rezone request will also require a modification to the comprehensive land use plan. o t il lil IV v VI vil vlll tx x 2.3 2.4 2.5 2.7 2.7.1 ilt 3.1 IV 4.1 4.2 4.3 V 2.7.2 School Facilities Transoortation:The Caldwell and Vallivue School Districts were notified of the request through mailing of the public hearing notification on April 26,2002 2.7.9 Land Use: Commercial -The Applicant's intent is to use the property for a small-scale conrrnercial operation. The rezone request appears to be compatible with the adjoining land USES. 2.7.4 Fire Protection: The Galdwelt Fire Department wi!! be asked to comment on this proposal. 2.7.5 Public Services. Utilities and Facilities. Natural Resources: The Engineering Department will be solicited for comment. TESTIMONY BEFORE THE PLANNING AND ZONING COMMISSION MAY 16, 2OO2 APPLICABLE LEGAL STANDARDS o o LOCATION: 911 North 3'd Avenue LEGAL DESCRIPTION: 22-4N-3W NW Golden Gate Addition tax 2 less highway block 33 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential COMPREHENSIVE PLAN COMPONENTS: Propertv Riqhts: The five checklist criteria set forth by the Attorney General in the "ldaho negulatory iakings Act Guidelines" was reviewed by planning staff and none of the criteria was answered in the affirmative. City of Caldwell Comprehensive Plan, as amended. City of Caldwell Zoning Ordinance No. 1451, as amended. ldaho Code, Chapter 65, Local Planning Act, as amended. PLANNING AND ZONING COMMISSTON'S GOMPREHENSIVE PLAN ANALYSIS - ThE Planning and Zoning Commission members may accept the analysis as set forth or modify it as necessary. Propertv Riohts - 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 pioperty,lnd to request legal counsel's review if any one of the criteria is answered in the affirmative. -Staff reviewed the five criteria outlined in the Takings Act Guidelines and did not answer yes to any of the criteria. o o 5.1 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: 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. 5.2 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. POLICIES FOR COMMERCIAUINDUSTRIAL USE: POLICY 3: Require new industrial and commercial development to be sufficiently landscapedibuffered so that they will be unobtrusive and compatible with adjacent areas. 5.4 Natural Resources - POLICY 1: Prevent the collection and conveyance of untreated stormwater, created by new development, into surface bodies of water by requiring developers to comply with local, state and federal stormwater policies. lf approved, the Applicant will be required to meet the standards set forth in the Gity's Storm Drainage Policy. 5.5 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. POLICY 2: Require emergency service providers, such as police and fire departments and EMS, in the development review process. POLICY 7: Require new developments to meet design standard policies, as adopted by the City, and any other applicable public entity's adopted policies for public infrastructure improvements. 5.6 Transportation GOAL: To provide for the efficient, safe, and cost effective movement of people and goods OBJECTIVE A: To protect public safety and the environment. I a 7.1 The Planning and Zoning Commission has the authority to hear this request and to recommend to the Mayor and City Council that it be approved or denied. The hearing was legally noticed, posted and held under the requirements of ldaho Code and City ordinances. VI!! PLANNING AND ZONING'S RECOMMENDATION 8.1 Based on the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission hereby recommends to the Mayor and City Council that Case No. ZON-22-02, a request by the Walter Willard to rezone a parcel of land from R-2 (medium density residential zone) to a C-3 (service Commercial), to include modifying the Comprehensive Land Use Map is approved/denied with the following conditions, if approved: !X OTHER CONDITIONS OF APPROVAL (if approved) 9.1 Report prepared by: Community Development Staff Date VI PLANNING AND ZONING'S FINDINGS OF FACT 6.1 The Planning and Zoning Commission accepts the general facts outlined in the staff report and the facts brought forward during public testimony VII PLANNING AND ZONING'S CONCLUSIONS OF LAW