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ITEM DATE SIIBMITTED BY
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Caldwell Planning aod Zoning Commission
Minutes
November 21, 2002
[. Roll CaIl -
Members Present: Chairmen Janie Archuleta, Jack Teraberry, Sylvia Robinson,
Joyce Griffith and Mike Jakobson
Staff Present: Steve Hasson, Debbie Geyer, Jacqueline Hemandez and Ben
Weynouth
Review of Proceedings - chairman Archuleta reviewed the procedures for public
hearing.
Poll Members for conflict of Interest - chairman Archuleta polled members for
conllicts of interest. There was none.
OId Business -
III.
rv.
v.
A- Case No. SllB-79P-02, a request by Bill Gilbert for preliminary plat approval ot
18 commercial and 3 common -"i lott on approximately 40 acres in an M-1 (Light
Industrial) zone. The site abuts the west side of Smeed Parkway approximately 1?ry r:t
south of ifign*ry 20126. It is legally described as the SE % NW % Section 25 T.4N.,
R.3W., B.M. Caldwell, Canyon County, Idaho'
Testimony:
Steve Hasion Community Development Director presented the staffreport and outlined
the facts as wriften.
Bill Gilbert, Applicant, testified in favor.
Kent Gingrictr, Representative, testified in favor.
Testimony closed.
NOTE: See Recommendation for complete testimony or contact Community
Development Deparhnent for audio tapes ofthe hearing.
Comprehensive Plan Analysis - MOTION: Commissioner Robison' SECOND:
commissioner Teraberry. The request was applicable to tle following comprehersive
Plan Component. ." ooilir,"d in th! stafl report: Property Rights - Goal, Objective B and
Policy 1; School Facilities and Transportation - Goal and Policy 1; Land Use - Goal;
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I. Call to Order - Chairman Archuleta called the meeting to order at 7:05 PM
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Recommendation - MOTION: Commissioner Robison. SECOND: Commissioner
Teraberry. The Commission recommended approved of Case No. SUB-79P-02 with the
standard conditions outlined in the staffreport.
Public Hearing Closed - Chairman Archuleta closed the public hearing'
YI. New Business - Hearings
Natural Resources - Goa1, Policy 1; Public Services, Utilities and Facilities - Goal,
Objective A, B, C, D Policies 1,2 andT; Transportation - Goal and Obj ective A'
Hazardous Areas Component - Policy 2; Community Development - Goal, Objection A,
B, C, E, Policies 2, 3, 5,6. Passed: Unanimous roll call vote.
Finding of Fact - MOTION: Commissioner Teraberry' SECOND: Commissioner
Griffith_ Accept the general facts outlined in the staff report as well as facts brought
forward during testimony. Passed: Unanimous roll call vote.
Conclusions of Law - MOTION: Commissioner Teraberry. SECOND: Commissioner
Robison. The commissioner has the authority to hear this case and recommend approval
or denial; public notice requirements were met; and the hearing was conducted within the
guidelines of ldaho code and city ordinances. Passed: unanimous roll call vote.
A. Case No. SUP-180-02, a request by Adolfo Sarmiento to convert an exlstmg
neighborhood grocery into a residential use. The site is located at the southeast comer of
4th Avenue and chicago street, also known as 404 chicago Street, and is zoned M-l
(Light Indushial).
Testimony:
Steve Hassorl Community Development Director, presented the staffreport'
Art Solis, Interpreter for the Applicant, testified in favor.
Adolfo Sarmiento, Applicant, testified in favor.
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 Robison. SECOND:
Commissioner Teraberry. The rcquest meets the following Comprehensive Plan
Components as outlined in the staffreport: Property Rights - Goal, Objective B and
Poliry 1 ; School Facilities and Transportation - Goal and Policy 1; Economic
Planning & Zoning Commission
Minutes - November 21,2002
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MINUIES APPROVED AND SIGNED BY CHAIRMAN ARCHULETA AT A
REGTILARLY SCHEDULED MEETING:
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Janie Archuleta Date Attest:
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Development Director
Planning & Zoning Commission
Minutes - Novembet 21,2002
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CASE NO. SUB.79P.O2
SKYWAY BUSINESS PARK
PRELIMINARY SUBDIVISION PLAT
BEFORE THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL, IDAHO
CONTINUED HEARING OF NOVEMBER 21,2002
AN APPLICATION BY BILL GILBERT FOR PRELIMINARY PLAT APPROVAL OF SKYWAY
BUSINESS PARK CONSISTING OF 18 COMMERCIAL LOTS AND 3 COMMON AREA LOTS ON
APPROXIMATELY 40 AGRES IN AN M-,I (LIGHT INDUSTRIAL) ZONE.
TABLE OF CONTENTS:I COURSE OF PROCEEDINGSII GENER.AL FACTSIII TESTIMONYIV APPLIGABLELEGALSTANDARDSV COMPREHENSIVE PLAN ANALYSISVI FINDINGS OF FACTVII CONCLUSIONS OF LAWVIII RECOMMENDATION
I COURSE OF PROCEEDINGS
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1.1
1.2
1.3
The Caldwell Community Development Department issued a notice of Public Hearing on
application SUB-79P-02 to be held before the Caldwell Planning and Zoning Commission on
September 25, 2002. Public notice requirements set forth in ldaho Code, Chapter 65, Local
Planning Act, were met. On September 11, 2002 notice was published in the ldaho Press
Tribune, and on September 6,2002 notice was mailed to all property owners within 300 feet of
the project site; and, on September 19,2Q02 notice was posted on the site.
Case was continued at the Septembet 25, 2002 hearing to a date and time certain of Thursday,
November 21 , 2002, al7:00 p.m.
Files and exhibits relative to this application are available for review in the Community
Developmenl Department, Caldwell City Hall, as well as all public hearings.
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2.1
2.2
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GENERAL FACTS
WNER: Same
REQUEST: FOT preliminary plat approval of 18 commercial lots and up to 3 common area lots
located on 40.19 acres within an M-1 (Light lndustrial) zone. lt should be noted that this is a
reactivation of the former Skyway Business Park.
2.4 LOCATION:Approximately 1320 feet south of the intersection of Highway 20126 and Smeed
Parkway
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APPLICANT: Bill Gilbert 11476 East Linden, Caldwell, lD 83605.
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2.5 LEGAL DESCRIPTION: The SE %, NW %, Section 25, Township 4 North, Range 3 West, Boise
Meridian, Caldwell, Canyon County, ldaho2.6 COMPREHENSIVE PLAN DESIGNATI ON :lndustrial.
2.7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE T O THE REQUEST:
2.7.1
1.
2.
3.
4.
5.
2.7.2
Propertv Riohts: The five checklist criteria set forth by the Attorney General in the "ldaho
Regulatory Takings Act Guidelines" were reviewed by planning staff for compliance. The criteria
is as follows:
Does the regulation or action result in a permanent or temporary physical occupation of the
land? No
Does the regulation or action require a property owner to dedicate a portion of property or to
grant an easement? No
Does the regulation deprive the owner of all economically viable uses of the property? No
Does the regulation have a significant impact on the landowner's economic interest? No
Does the regulation deny a fundamental attribute of ownership? No
School Facilities and Transportation: The Caldwell and Vallivue School Districts were notified of
the request on September 6,2002.
2.7.3 Economic Development: The subdivision consists of 18 lots that will eventually be developed
with commercial and/or Iight industrial uses-
2.7.4 Land Use: M-1 (Light lndustrial).
Section 10-02-03, Table 2, does not require a minimum lot size for lots in an M-1 zone (light
lndustrial); however, the industrial zone requires a 20 foot front yard and street side setback
2.7.5 Natural Resources: The "A" Drain that bisects a portion of Lots, 5,4 and 3 of Block'1, and Lots
2.7.5
3 and 2 of Block 2, will be piped and the existing open drain will be filled.
lrrioation: Portions of the A Drain are within the subdivision. ln their September 13, 2002
memorandum Pioneer lrrigation District noted the following: 1) There is a delivery point in place
for the property being proposed for development. All water rights within the District are to be
honored and access to irrigation water is to be provided to every parcel of land; 2) All existing
easements, rights-of-way and other means used to honor water rights to downstream water
users are to be maintained; 3) Easements and rights-of-way are to be kept clear of all
obstructions at all times. Any easements are to be recorded on the final plat; 4) AnY discharge
of run-off into a federal drain must meet Bureau of Reclamation approval; 5) The A Drain has a
50-foot from center righlof-way on both sides, to which the previous stipulations apply; 6) lf the
developer intends to put in pressurized irrigation and have Pioneer take over said system once
the development is completed, the District's Standards and Specifications for the system must
be met and on-site inspections are to be made by the District's engineer during construction; 7)
The District's engineering fees are the responsibility of the developer; 8) A Maintenance
Agreement is to be prepared and recorded at the expense of the developer; 9) The District's
engineer is to conduct a walk through and develop a punch list prior to recommending that the
District take over the system.
Any proposed development which will have downstream water users using gravity flow
irrigation must develop their irrigation system in a manner which will insure the
downstream water users the ability to acquire at least as much irrigation water for gravity
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flow irrigation as what they received prior to any development or construction taking
place. The gravity flow irrigation system must be totally separate from the proposed
pressurized irrigation system.
2.7.6 Transportation Public Services, Utili ties and Facilities:ln a memo dated September 13,2002,
the Engineering Department provides the following comments:
1. The development is to include a non-potable water pressure irrigation system. The design of this
pressure irrigation system is to be reviewed and approved by Pioneer lrrigation District and a letter
obtained indicating their approval of the design. This letter of approval, along with approved
construction plans, must be submitted to the City before final plat and before construction begins.
2. A 4-foot wide sidewalk is required adjacent to all curb and gutter located within the proposed
business park (along Skyway Street, Capital Street, and Freedom Avenue).
3. Landscaping is required from the back of the sidewalk to the property line along Smeed Parkway,
Skyway Street, Capital Street, and Freedom Avenue. Landscaping is also required in all common
area lots.
4. lt shall be the responsibility of the developer or the property owners who purchase lots to
structurally backfill any portions of the abandoned "A' Drain that lie within their individual lots.
5. City sewer and water are currently available to the development site. The capacity of the sewer
and water systems, along with the City's ability to provide services, will be determined as part of the
final plat approval.
6. No lot within this proposed subdivision shall take direct access from Smeed Parkway.
7. Prior to approval of the final plat, subdivision facilities must be completed or an appropriate
construction security provided. All facility construction must be complete before allowing occupancy
in any building.
8. Upon recordation of the plat, the Engineering Department is to be provided with a reproducible copy
suitable for blue line reproduction.
9. Skyway Street shall be signed to keep truck traffic from entering and leaving the business park
through the adjacent community park. The location and wording of such signage shall be approved
by the City Engineer. A sign permit is required for any new signs in accordance with Zoning
Ordinance No. 1451 .
2.7.7 Fire Protection: ln a memo dated S eptember 13, 2002, the Caldwell Fire Department offers the
following comments: The CFD has no objections to this proposed project, the required CFD
improvements have already been made (roadways and hydrants).
2.7.5 Communitv Desiqn: The site will provide 18 commercial/ industrial building sites.
III TESTIMONY BEFORE THE PLANNING AND ZONING COMMISSION SEPTEMBER 25, 2OO2
Joan Johnson, Community Development Department Planner ll, reported that the Applicant had
requested a continuance. The Planning and Zoning Commission voted to continue the public
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hearing until Thursday, November 21,7:O0 p.m. at the Caldwell Police Department Community
Room, 1 1O South 5th Avenue, Caldwell.
TESTIMONY BEFORE THE PLANNING AND ZONING COMMISSION NOVEMBER 21,2OO2
3.2 Steve Hasson, Community Development Director, presented the staff report and outlined the
facts as written. Mr. Hasson stated that the Applicant is reactivating the preliminary plat which
had expired according to all of the same terms and conditions imposed on the previous
preliminary plat.
3.3 Bill Gilbert, Applicant, testified in favor of the application. Mr. Gilbert reported that the original
development involved the City of Caldwell and Caldwell Unlimited. He stated that he had
purchased the development in July 2002.
ln response to questions asked by Commissioner Robison, Mr. Gilbert reported that he will
secure the bonding for the development. He stated that all infrastructure is complete on the
site.
3.4 Kent Gingrich, Engineer of Record from J.U.B. Engineers, indicated that the preliminary plat is
identical to the preliminary plat submitted in 2000.
Testimony closed.
IV APPLICABLE LEGAL STANDARDS
4.1
4.2
4.3
4.4
City of Caldwell Zoning Ordinance No. 1451
City of Caldwell Comprehensive Plan
ldaho Code, Title 67, Chapter 65, Local Planning Act
City of Caldwell Subdivision Ordinance No.1758
V COMPREHENSIVE PLAN ANALYSIS - The Planning & Zoning Commission accepted the
Comprehensive Plan Analysis as stated:
5.1 Pro 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 ldaho
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. Staff reviewed the five criteria outlined in the Takings Act Guidelines and
did not answer yes to any of the criteria.
5.2 Sc hool Facilities and Transportation -
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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.
5.4 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.
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 C: To promote groMh in areas where public facilities and services are readily
avaitable. The City's public water/sewer systems are readily available to serve this area.
5.5 Natural Resources
GOAL: Preserve, protecl, and enhance the water quality and quantity of the Boise River, lndian
Creek and their natural environments.
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.
5.6 Public Services. Utilities and Faci lities
GOAL: To ensure that there are adequate police, fire, emergency services, and public utilities
to meet the needs of the public.
OBJECTIVE A: To protect the safety of people and their property.
OBJECTIVE B: To provide for the orderly expansion of public services to meet the needs of
population growth.
OBJECTIVE C: To optimize the public investment.
OBJECTIVE D: To coordinate efforts in order to provide better services to the public.
POLICY 1: Require adequate water supply for fire flow when approving development.
POLICY 2: lnclude 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.
5.8
5.9
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5.7 TransDortation
GOAL: To provide for the efficient, safe, and cost effective movement of people and goods.
OBJECTIVE A: To protect public safety and the environment.
Hazardous Areas Component
POLICY 2: Require development to adequately control erosion and stormwater runoff.
Gommunitv Desiqn
GOAL: Foster growth in a manner than will enhance and improve the visual image of the city.
OBJECTIVE A: To promote, encourage and maintain an aesthetically pleasing city.
OBJECTIVE B: To develop sign standards that will enhance the community.
OBJECTIVE C: To continue to work toward the elimination of blight and areas of deterioration.
OBJECTIVE E: To ensure that new development enhances rather than distracts from the visual
image of surrounding areas.
POLICY 2: Encourage the installation of landscaped entrances to new developments.
POLICY 3: Require buffer strips between newly locating developments that abut different
classifications of use.
POLICY 6: lnclude the City's foresteri horticulturist in the review process for all new or
expanding developments that include landscaping requirements. Such review would be for the
forester to offer input regarding species and types of vegetative landscaping that is appropriate
for this area and climate.
VI PLANNIING AND ZONING COMMISSION'S FINDINGS OF FACT
6.1 The Planning and Zoning Commission accepted the general facts outlined in the staff report,
information by staff, and public testimony as a part of the Findings.
VII PLANNING AND ZONING COMMISSION'S CONCLUSIONS OF LAW
7.1 The Planning and Zoning Commission has the authority to hear this case and to recommend
approval or denial; the public hearing was noticed and heard within the guidelines of applicable
state codes and local ordinances.
VIII PLANNING AND ZONING COMMISSION'S RECOMMENDATION
POLICY 5: Develop a tree-planting program that will encourage existing and new developments
to replace or plant trees. Provide applicants for new or expanding developments with
information on the program and encourage their participation.
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. SUB-79P-02, a request by Bill
Gilbert for preliminary subdivision plat approval of Skyway Business Park, which consists of 18
commercial and up to 3 common-area lots located on approximately 40 acres in an M-1 (Light
lndustrial) zone is approved with the following conditions:
8.2 Pursuant to ldaho Code 50-1316, no lot shall be offered for sale or sold until the final plat has
been approved and remrded.
oc No building permits shall be accepted for processing until the final plat has been approved and
recorded.
8.4 Building permits shall be issued in compliance with Subdivision Ordinance No. 1758, Section
1 1-02-06, Subsection M.
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8.5
8.6
As a part of final plat application the Applicants shall submit written verification from Pioneer
lrrigation that the District has no objection to the final plat application.
Preliminary plat approval shall remain valid for '12 months following the signing of the Order of
Decision, as set forth in Section 11-02-04, Subsection (6) C of Subdivision Ordinance No. 1 758.
ln accordance with the requirements of Section 11-02-04, Subsection 7, Subdivision Ordinance
No. 1758, the Applicants have the option to file an application for final plat approval prior to
commencing construction of improvements; or, with approval of the City Engineer, the
Applicants may commence construction of improvements before requesting final plat approval.
8.8 All requirements placed on the preliminary plat by agencies having approval authority,
including Pioneer lrrigation District, shall be met prior to submitting a request for final plat
approval, or a financial guarantee for completion of work shall be submitted in compliance with
Section 1 1-02-04, Subsection 7, Subdivision Ordinance No. 1 758.
8.9 Landscaping plans shall be approved by the City Engineer, Community Development Director,
and City Forester.
CASE NO. SUB.79P.O2 WAS HEARD BY PLANNING AND ZONING COMMISSION MEMBERS AT A
PUBLIC HEARING HELD ON NOVEMBER 21,2002.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION WAS
ADMINISTRATIVELY APPROVED AND SIGNED BY CHAIRPERSON JANIE ARCHULETA ON THE
DATE NOTED BELOW.
n Janie uleta
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ATTEST:
Commu ment Director
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PUBLTC HEARING COMMENT SHEET
(PLEASE PRINT CLEARLY)
NAME:c
STREETADDRESS: "11 W e4
CITY/STATE/ZIP:q N
NAME OFCASE BEING HEARD: \B.L
Check the appropriate line:
Applicant or Representative r-Neutral/
wish to speak_
do not wish to speak_
Opposed/
wish to speak_
do not wish to speak_
ln favor/ I
wish to speak_51_
do not wish to speak
written comments may be attached to this form or you may write them in below.
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PUBLIC HEARING COMMENT SHEET
(PLEASE PRINT CLEARLY)
NAME:I et-
STREET ADDRESS:L /
CITY/STATEZIP:
N.AME OF CASE BEING HEARD: t qR 77 e
Check the appropriate line:
ln favor/
wish to speak_
do not wish to speak_
Neutral/
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
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