HomeMy WebLinkAboutANN-124-06 Ron Bath Retail Annexation ORDER OF DECISION
BY THE MAYOR AND CITY COUNCIL
CITY OF CALDWELL, IDAHO
OCTOBER 16, 2006
Subject: Staff Report - ANN-124-06 (Ron Bath Retail Annexation)
THE FOLLOWING LAND USE ACTIONS ARE THE PRIMARY FEATURES OF THIS
APPLICATION:
• ANNEXATION OF APPROXIMATELY 20.15 ACRES OF LAND INTO THE CITY OF
CALDWELL WITH C-2 COMMUNITY COMMERCIAL ZONING.
• A DEVELOPMENT AGREEMENT SPELLING OUT THE TERMS AND CONDITIONS OF
THE REZONE.
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II GENERAL FACTS
III TESTIMONY
IV APPI.ICABLE LEGAL ANALYSIS
V COMPREHENSIVE PLAN ANALYSIS
VI FINDINGS OF FACT
VII CONCLUSIONS OF LAW
VIII CITY COUNCIL ORDER OF DECISION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development issued a notice of Public Hearing on application
ANN-124-06, held before the Planning and Zoning Commission on August 8, 2006. Public
notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On
July 24, 2006 notice was published in the Idaho Press Tribune, on July 21, 2006 notice was
mailed to all property owners within 300 feet of the project site, and; on July 28, 2006 notice
was posted on the site.
1.2 At the August 8, 2006 hearing, the Caldwell Planning and Zoning Commission
recommended that Case: ANN-124-06 be approved.
ANN-124-06 (Ron Bath Retail Annexation) Page 1 of 7
ORDER OF DECISION
�� �
�
1.3 The Caldwell Community Development issued a notice of Public Hearing on application
ANN-124-06, to be held before the Caldwell City Council on September 18, 2006. Public
notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On
September 1, 2006, notice was mailed to all property owners within 300 feet of the project
site; notice was published in the Idaho Press Tribune, on September 3, 2006 , and; on
September 8, 2006 notice was posted on the site.
1.4 On September 18, 2006, the Caldwell City Council voted to approve the annexation and .
development agreement.
1.5 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.
11 GENERAL FACTS
2.1 OWNER (S): Lowell and Patricia Hursh, 2130 Seven Oaks Way, Eagle, Idaho 83616
2.2 APPLICANT: Retail Development of North America, (Ron Bath) PO Box 2620, Eagle Idaho
83616
2.3 REQUEST: To annex approximately 20.15 acres of land and attach a zone classification of
C-2 (Community Commercial). The parcel is stated to be vacant agricultural land.
2.4 LOCATION: The property is located in the northeast corner of Karcher Road and Florida
Ave.
2.5 LEGAL DESCRIPTION: A legal description is attached and incorporated into the file for
reference purposes.
2.6 COMPREHENSIVE PLAN DESIGNATION: The Comprehensive Plan Land Use Map
designation is a combination of Residentiat-Commercial and Commercial. The area qualifies
for annexation because it is contiguous to the City and within the City's area of impact. The
requested C-2 zoning is proposed across Florida Ave from Saw Grass Sub/Pud, the
planned unit development with approval for commercial uses within it.
2.7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
2.7.1 Propertv 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 School District was notified of the request
through mailing of the public hearing notice on July 21, 2006.
ANN-124-06 (Ron Bath Retail Annexation) Page 2 of 7
ORDER OF DECISION
2.7.3 Land Use: The parcel is currently zoned County Agricultural. The applicant requests that
the parcel be rezoned to C-2 (Community Commercial). The property directly to the west is
within the City of Caldwell limits and serves as the basis for this parcel being contiguous.
Issues are outstanding regarding the future appearance and nature of the commercial area
if approved including connectivity of both future path and street systems and landscape
buffer locations and design.
2.7.4 Transportation: Notice was sent July 21, 2006 to Brown Bus Company, Idaho
Transportation Department, and Canyon Highway District. No response was received.
2.7.5 Public Services. Utilities and Facilities: In a memo dated August 1, 2006, the City
Engineering Department has provided the following comments on this annexation:
The Engineering Department does not oppose the request by Retail Development of North
America to annex approximately 20.5 acres into the City with G2 zoning (Community
Commercial) but provides the following comments regarding future development of the site.
The parcel is designated residential/commercial in respect to the Caldwell Comprehensive
Plan Map. The parcel is located on northeast corner of the intersection of Florida Ave and
Karcher Road.
This application is subject to a development agreement.
Riqhts-of-Wav
1. Karcher Road is classified as a Principal Arterial and State Highway. The applicant shall be
required to dedicate as public right-of-way a seventy (70) foot one-half width right-of-way
along the Karcher Road frontage if not already present to meet City of Caldwell
requirements. An additional thirty (30) foot setback adjacent to the dedicated seventy (70)
feet right-of-way will be required to facilitate future right-of-way needs per the Idaho
Department of Transportation Department recommendations.
2. Florida Ave is classified as a Collector. The applicant shall be required to dedicate as
public right-of-way a thirty-three (33) foot one half width right-of-way along the Florida Ave
frontage if not already present to meet City of Caldwell requirements.
3. The applicant will be required to submit for review and comply with any additional right-of-
way or setback requirements by the Idaho Transportation Department and the Canyon
Highway District #4.
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.
Sewer 8� Water
1. Future development will require the applicant to extend City sewer and water to the subject
property in accordance with the revised Dixie Interceptor Sewer Study and the Water
Master P�an as updated.
ANN-124-06 (Ron Bath Retail Annexation) Page 3 of 7
ORDER OF DECISION
Storm Orain
1. Future development shall require the disposal of stormwater drainage in accordance with
the City Stormwater Management Manual.
Irriqation
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 for all
required inspections.
2. The applicant shall maintain the site in keeping with the City's nuisance abatement program
until such tine as development occurs. The maintenance will include the semi-annual
mowing of all weeds within the subdivision boundaries and the removal of noxious weeds
when they are identified. The developer will apply all appropriate dust abatement
procedures as part of the construction process.
3. The applicant shatl develop the site in keeping with provisions of the City's Landscaping
Ordinance. No. 2428 and Tree Ordinance No.2437.
4. This application shall be subject to a development agreement.
2.7.6 Fire protection: The Caldwell Ambulance District was notified of the request July 21, 2006.
No response was received.
2.7.7 Irriqation: Pioneer Irrigation did not provide any comments on this annexation.
III TESTIMONY BEFORE THE PLANNING AND ZONING COMMISSION, AUGUST 8, 2006
3.1 David Richey, Associate Planner, presented the staff report.
3.2 Ashley Ford signed in favor as the applicant's representative and provided testimony.
3.3 Ron Bath signed in favor of the application as the applicant and answered the Commission's
question about adhering to design standards.
3.4 Testimony closed.
TESTIMONY BEFORE THE CITY COUNCIL, SEPTEMBER 18, 2006
3.5 Brian Billingsley, Planning and Zoning Director, presented the staff report.
3.6 Ashley Ford signed in favor as the Applicant's representative and provided favorable
testimony.
3.7 Testimony closed.
ANN-124-06 (Ron Bath Retail Annexation} Page 4 of 7
ORDER OF DECISION
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, (annexation)
4.5 Idaho Code, Title 67, Chapter 65, Section 11A, regarding development agreements
V COMPREHENSIVE PLAN ANALYSIS - The City Council accepts the Comprehensive Plan
components as stated below:
5.1 Propertv Riqhts
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.
ANN-124-06 (Ron Bath Retail Annexation) Page 5 of 7
ORDER OF DECISION
OBJECTIVE B: To support Canyon County's efforts to protect valuable agricuitural 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.
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.
POLICY 5: Ensure that there are adequate water/sewer systems by planning for short- and
long-term water and sewer expansion projects.
VI FINDINGS OF FACT
6.1 The City Council accepts the facts outlined in the staff report, public testimony, evidence list,
and the fact that no objectors were present at the public hearing.
VII CONCLUSIONS OF LAW
7.1 The City Council has the authority to hear this request and order that it be approved or
denied. The hearing was legally noticed and posted, and was held under the requirements
of Idaho Code and City ordinances.
VIII CITY COUNCIL ORDER OF DECISION ON ANNEXATION
8.1 Based on the Findings of Fact and Conclusions of Law, the Mayor and City Council orders
that Case No. ANN-124-06, a request by Retail Development of North America to annex
approximately 20.15 acre of land into the City of Caldwell with C-2 (Community Commercial)
zoning and to include a development agreement spelling out the terms and conditions of the
rezone, is hereby approved with the conditions listed below:
8.2 That the development proposal for this property shall be submitted for design review.
8.3 The development agreement shall be recorded as an attachment to the annexation
ordinance.
ANN-124-06 (Ron Bath Retail Annexation) Page 6 of 7
ORDER OF DECISION
.
CASE NUMBER ANN-124-06 WAS HEARD BY THE MAYOR AND CITY COUNCIL AT A PUBLIC
HEARING HELD ON SEPTEMBER 18, 2006.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DECISION WERE
APPROVED BY CITY COUNCIL MEMBERS, AND SIGNED BY MAYOR NANCOLAS, AT A
REGULARLY SCHEDULED MEETING HELD OCTOBER 16, 2006.
C �J'�'��"` ' - � ATTEST:
Mayor Garret L. Nancolas
` ��.nu•a•,,,��
.�'`��0� N :�.';r'FC
` �.r ` �'��,�.o �oR�r�e.� �., City Cler�
: L '=� G : � �ly�a�u�
. _ Q
� ig
: � I pN •
: . �„� �
% :
�r �.
:; y'•.�� ! g �p�.'r ` ,p t �.
�<, `�y •• •� • ,�� • ��
�'�., �N C�V� ����
ANN-124-06 (Ron Bath Retail Annexation) Page 7 of 7
ORDER OF DECISION