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HomeMy WebLinkAbout05 Hearing Examiner PLANNING AND ZONING H PG r,n t ttiA7, ITEM DATE SUBMIT D BY ChAir✓Y.qv} PZ-1 Order oC 3-29-os ?0,14/ ,4 dred9G ?z'2 Minu-CS 3-22-oS " tui Aildre-dye. • CASE NO. SUP-236-05 CITY OF CALDWELL WELL SITE_ — — 10885 USTICK ROAD Order of Decision 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 BEFORE THE PLANNING &ZONING COMMISSION CITY OF CALDWELL, IDAHO MARCH 22, 2005 AN APPLICATION BY THE CITY OF CALDWELL FOR APPROVAL OF A SPECIAL USE PERMIT: • TO INSTALL A MUNICIPAL WELL, WELL HOUSE, SECURITY FENCING, RADIO TRANSMISSION EQUIPMENT, AND BACK UP POWER PLANT ON 0.97 ACRES OF CITY PROPERTY LOCATED AT 10885 USTICK ROAD TABLE OF CONTENTS: I COURSE OF PROCEEDINGS, II GENERAL FACTS, III TESTIMONY, IV APPLICABLE LEGAL STANDARDS, V COMPREHENSIVE PLAN ANALYSIS, VI FINDINGS OF FACT, VII CONCLUSIONS OF LAW, VIII ORDER OF DECISION. I COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application SUP-236-05 to be held before the Caldwell Planning & Zoning Commission on March 22, 2005. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On February 25, 2005 notice was mailed to all property owners within 300 feet of the project site, March 7, 2005 notice was published in the Idaho Press Tribune, and March 10, 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 all public hearings. II GENERAL FACTS 2.1.1 APPLICANT: City of Caldwell, Gordon Law, City Engineer; 621 Cleveland Blvd., Caldwell, ID 83605. 2.2 OWNER: Same 2.3 REQUEST: For approval of a special use permit to construct a municipal well, well house, security fencing, radio transmission equipment and back up power plant. Page 1 of 6 Public Heari of March 22, 2005 4*. 2.4 LOCATION: The site is located at 10885 Ustick Road in east Caldwell. The property is located within the Monarch Subdivision development and fronts Ustick Road between Middleton and Santa Ana Avenue or Monarch Way. 2.5 BACKGROUND: The Applicant (City Engineer) advises the installation of the water system is critical to supporting the development of the eastern portion of Caldwell, noting that this area is poised for rapid growth and development. A special use permit was approved on November 29, 2004 (SUP-221-04) regarding the placement of a cell tower at the location. The narration addresses the co-mounting of radio transmission equipment on the existing communication tower. The site will be developed in keeping with all applicable City standards. The site plan shows the placement of curb, gutter and sidewalk along Ustick Road, ample perimeter and interior landscape, and a driveway entrance off of Ustick Road in keeping with access management control standards as addressed under approval of the Monarch Commercial Subdivision on January 18, 2005 (SUB-111P- 04). 2.5.1 Zoning Ordinance No. 1451, Section 10-02-02, Land Use Schedule, allows public uses such as the construction of a reservoir to be placed in an R-1 (single family) zone through the special use permit process. 2.5 COMPREHENSIVE PLAN LAND USE DESIGNATION: Low Density Residential 2.6 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: 2.6.1 Property Rights: The five checklist criteria set forth by the Attorney General in the "Idaho Regulatory Takings Act Guidelines" was reviewed by planning staff and none of the criteria was answered in the affirmative. 2.6.2 School Facilities and Transportation: The Vallivue School District was notified of the request through mailing of the public hearing notification on February 25, 2005. 2.6.3 Public Services, Utilities and Facilities: In a memo dated February 28, 2005, the Engineering Department submitted the following comments: 1. The existing 40-foot one-half width right-of-way along Ustick Road meets current City standards for an Arterial roadway. 2. The applicant will be required to construct frontage improvements along the Ustick Road frontage to meet City of Caldwell standards. This includes constructing asphalt pavement, curb, gutter and a five (5) foot wide sidewalk. 3. 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. 4. The applicant will be required to comply with A.C.H.D. (Ada County Highway District) access spacing and alignment requirements at a minimum. All spacing and alignment will be reviewed with the building permit application. 5. 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. Page 2 of 6 Public Hearing of March 22, 2005 6. Provision is to be rr '-)r the disposal of stormwater drain; 'at may occur from the addition of impervious surfaces in -accordance with the City Stormwater Mrrgement Policy. A copy of this policy is available upon request. 7. Irrigation water for any and all landscaping shall be obtained form applicable irrigation district sources. City municipal water may be used if the criteria specified in the City Code Section 10-07-12 are met. 8. Appropriately licensed public works contractors shall perform all construction of public facilities. 2.6.4. Fire Protection: On March 14, 2005 the Fire Marshal verbally submitted the following comments: 1) The applicant must place an address on the well house. 2) The applicant must provide a 2A10BC rated fire extinguisher within the well house building. 2.6.5 Irrigation Provider: No comments have been received. 2.6.6 Nampa Highway District: In a memo dated February 19, 2005, James Buffington (Director of Highways), submitted the following comments: Nampa Highway District No. 1 has no objection to the request for a special use permit located at 10885 Ustick Road. III TESTIMONY 3.1 Debbie Geyer, Community Development Specialist, presented the staff report and outlined the facts as written. 3.2 Gordon Law, City Engineer, testified in favor of the application. Testimony closed. IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell 1977 Comprehensive Plan, as amended. 4.2 City of Caldwell Zoning Ordinance No. 1451, as amended. 4.3 Idaho Code, Chapter 65, Local Planning Act Section 10-03-05 (4) Whenever the Commission grants or denies a variance, it shall specify: A) the ordinance and standards used in evaluating the application; B) the reasons for approval or denial; C) the actions, if any, that the applicant could take to obtain a permit; D) upon the granting of the variance, terms and conditions may be attached that: 1) specify the nature and extent of relief being granted; and 2) minimize any adverse effect on neighboring properties or improvements. V COMPREHENSIVE PLAN ANALYSIS — The Planning & Zoning Commission accepted the Comprehensive Plan Analysis as written: 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 A: To establish a sound basis for land use and environmental regulations through comprehensive planning and adopted policies and ordinances. Page 3 of 6 Public Hearing of March 22, 2005 OBJECTIVE C: To consider on a case-by-case basis economic Tardship relief that would allow legitimate, economically beneficial uses of property in situations where regulations would have an extreme result. 5.2 School Facilities and Transportation - GOAL: To provide 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. Notice of the hearing should be provided to the districts along with any additional information that the districts may request. 5.3 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. IV. To create communities that accommodate cost effective public services and infrastructure. OBJECTIVES APPLICABLE TO ALL LAND USES: 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. OBJECTIVE B: To establish requirements that would adequately and appropriately buffer incompatible uses. 5.4 Natural Resources - GOALS: I. To preserve, protect, and enhance the City's water resources. II. To preserve and protect the City's potable water source. III. To improve and maintain water quality. IV. To use municipal drainage and stormwater infrastructure as a community amenity and design elements. OBJECTIVE B: To meet the requirements of local, state and federal water quality and run-off standards through a variety of practices and facilities. 5.5 Public Services, Utilities and Facilities - GOALS: I. To ensure that there are adequate public services and infrastructure to meet the needs of the public. II. To optimize the public investment in services and facilities. OBJECTIVE A: To provide for the orderly expansion of public services to meet the needs of population growth, and ensure that adequate infrastructure is in place to serve new development. OBJECTIVE B: To coordinate efforts among public agencies in order to provide better services to the Page 4 of 6 Public Hearing of March 22, 2005 public. OBJECTIVE C: To maintain adequate levels of public facilities and services that will serve the diverse needs of the city. OBJECTIVE F: To encourage the co-location and joint use of utility corridors and facilities. POLICY 2: Plan for the expansion of critical public services in advance of population growth. Include gas, electric, telephone, cable and fiber optic companies in the notification process when reviewing subdivision proposals. POLICY 3: Ensure that there are adequate water/sewer systems by planning for short- and long-term water and sewer expansion projects. Such projects would include main extensions, reservoir and lift station construction, upsizing existing mains and expansion of the wastewater treatment facility. VI THE PLANNING & ZONING COMMISSIONER'S FINDINGS OF FACT 6.1 The Caldwell Planning and Zoning Commission accepted the facts outlined in the staff report and public testimony as a part of the Findings. VII THE PLANNING & ZONING COMMISSIONER'S CONCLUSIONS OF LAW 7.1 The Planning & Zoning Commission has the authority to hear this case and to approve or deny it. The public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances. VIII THE PLANNING & ZONING COMMISSIONER'S ORDER OF DECISION 8.1 Based on the Findings of Fact and Conclusions of Law, the Planning & Zoning Commission orders that Case Number SUP-236-05, a request by the City of Caldwell for special use permit approval to construct a municipal well, well house, security fencing, radio transmission equipment and back up power plant is approved with the following conditions: 8.2 The specific terms and conditions placed on the Special Use Permit shall run with the land and remain valid upon a change of ownership, or until such time that the Permits may be revoked, become invalid, amended, or replaced with another approved use. 8.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with all conditions placed upon the Special Use Permits. 8.4 No changes in the conditions and terms of the Special Use Permits, as approved, shall be undertaken by the Applicant, or future assigns having an interest in the subject property, until the Community Development Director has reviewed the proposed changes. If the Director determines that the proposed change(s) is significant, an amendment for change shall only be approved through the public hearing process. 8.5 Any violation of the terms and conditions of the Special Use Permits by the Applicant, or future assigns having an interest in the subject property, will be deemed a misdemeanor and subject to the provisions set forth in Idaho Code, 18-113. Each day's continued violation will be deemed a separate offense. 8.6 Any sign erected at the site shall be in accordance with Section 10-02-06 of Zoning Ordinance No. 1451 and shall require approval of a sign permit prior to installation. 8.7 All of the requirements placed on the permit by the Building Official, Fire Marshall, City Engineer, City Forester, Community Development Director, and any other agencies having approval authority, shall be met. Prior to any construction or use commencing on the site, the Page 5 of 6 Public Hearing of March 22, 2005 B. The specific terms and c one placed on the Special Use Perm' 'laid run with the land and remain valid upon a change of ownership, or until such time that the Perm nay be revoked, become invalid, amended,or replaced with another approved use. 3.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with all conditions placed upon the Special Use Permits. 8.4 No changes in the conditions and terms of the Special Use Permits, as approved, shall be undertaken by the Applicant, or future assigns having an interest in the subject property, until the Community Development Director has reviewed the proposed changes, If the Director determines that the proposed change(s) is significant, an amendment for change shall only be approved through the public hearing process 8.5 Any violation of the terms and conditions of the Special Use Permits by the Applicant, or future assigns having an interest in the subject property, will be deemed a misdemeanor and subject to the provision set forth in Idaho Code, 18-113. Each day's continued violation will be deemed a separate offense. 8.6 Any sign erected at the site shall be in accordance with Section 10-02-06 of Zoning Ordinance No. 1451 and shall require approval of a sign permit prior to installation. 8,7 All of the r uir Tents placed on the permit by the Building Official, Fire Marshall, City acji1n or, City Fork::.-tar, Cv.n i unity Oc.:eii prne it Oireclor, and any other agencies having approval authority, shall be nnet. Prior to any construction or use commencing on the site, the Applicant, or future assigns having an interest in the subje::1 property, shall apply fur and obtain any applicable permits_ CASE NUMBER SUP-255-06 WAS HEARD BY THE HEARING 'EXAMINER AT A Pt iBLIC HEARING HELD NOVEMBER 22, 2005. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND f'HE ORDER OF DECISION WAS AUMiNIS1ltAlIVELY APPROVED AND SlGNLD BY HEARING EXAMINER MAPP ON THE DATE NOTED ow. La.Pi Al Mapp, Faring E 'miner ATTEST: Community Development Director Page 5of SUP-255-05 City Well Site# 19 (KCID) (2) HEOD Public Hearing of November 22, 2005 CALDWELL PLANNING &ZONING COMMISSION MINUTES March 22, 2005 Call to Order — Chairman Alldredge called the meeting to order for the public hearing at 7:00 p.m. II. Roll Call — Members Present: Paul Alldredge, Jack Teraberry, Joyce Griffith, Dennis Callsen, Michael Jakobson. Members Absent: Gene Shaffer and Christina Marroquin. Staff Present: Debbie Geyer (Specialist) and Gordon Law (City Engineer). III. Review of Proceeding — Chairman Paul Alldredge reviewed the procedures for public hearing. IV. Old business V. New Business A. Case No. SUP-236-05, a request by the City of Caldwell for special permit approval to allow the construction of a municipal well including wireless control and data collection, backup power supply, and a well house. The site is located at 10885 Ustick Road. Debbie Geyer, Community Development Specialist, presented the staff report. Gordon Law, City Engineer, presented facts concerning the staff report. Testimony closed. Note: See Order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Comprehensive Plan Analysis - MOTION: Commissioner Callsen, SECOND: Commissioner Griffith. The request was applicable to the following Comprehensive Plan Components as outlined in the staff report: Property Rights — Goal, Objectives A and C; School Facilities and Transportation — Goal and Policy 1; Land Use — Goals I and IV; Objectives Applicable to All Land Uses —A and B; Natural Resources — Goals I, II, Ill, IV and Objective B; Public Services, Utilities and Facilities — Goals I, II, Objectives A, B, C, F, Policies 2 and 3; Findings of Fact on Case No SUP-236-05 - MOTION: Commissioner Griffith SECOND: Commissioner Jakobson. Accepted the general facts outlined in the staff report, and public testimony as part of the Findings of Fact. Passed: Unanimous roll call vote. Planning &Zoning Commission Minutes—March 22, 2005 Page 1 of 2 �2�2 Conclusions of Law on Case No. SUP-236-05 - MOTION: Commissioner Griffith SECOND: Commissioner Jakobson. The Planning & Zoning Commission has the authority to hear this case and to approve or deny it. The public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances. Passed: Unanimous roll call vote. Recommendation on Case No. SUP-236-05 - MOTION: Commissioner Callsen SECOND: Commissioner Jakobson. The Commission approved Case No. SUP-236-05 with the conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed — Chairman Paul Alldredge closed the public hearing. B. Case No. SUB/PUD-118P-05, a request by Wes Porter for preliminary plat approval of Stonehenge Subdivision, a Planned Unit Development that consists of 25 residential and 5 common area lots on 5 acres in an R-1 zone. The site is a resubdivision of Lot 16 Block 2 of Owyhee Village Subdivision Book 12 Page 1, the NE % SE1/4 and NW Y4 SE % of Section 1, T3N, R3W, Canyon County, Idaho. The site is generally located on the south side of Laster Street approximately 1150 feet west of Cleveland Blvd. Chairman Paul Alldredge, Planning & Zoning Commission, read into the record Exhibit PZ-1000, a letter from the Applicant, requesting that the public hearing be deferred for the Stonehenge Subdivision. The time certain date of Tuesday, April 12, 2005 was announced. Public Hearing Closed — Chairman Paul Alldredge closed the public hearing. VI. Planning Issues: A. Next P&Z Public Hearing Date: April 12, 2005. VII. Adjournment: Paul Alldredge adjourned the meeting at approximately 7:30 p.m. _14_NUTES APPROVED AND SIGNED BY CHAIRMAN PAUL ALLDREDGE ON THE DATE NI* _rn BELOW: �- zr Attest: Paul •r=: � ' Date ommunity Development Director Planning &Zoning Commission Minutes—March 22, 2005 Page 2 of 2