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PLANNING AND ZONING
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BEFORE TIIE PLANNING AIID ZONING COMIVtrSSION
FOR THE CITY OT CALDWELL, IDAHO
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IN THE MATTER OF THE
APPLICATION OF NEXTEL CORPORATION,
FORA VAR]ANCE FROMTHE 4s.FOOT
HEIGHT LIMITATION TO INSTALL A
12O.FOOT MONOPOLE COMMT]NICATIONS
ANTENNA
1.1
CASE NO. VAR-09-98, COURSE
OF PROCEEDINGS, GENf,RAL
FACTS, TESTIMOI{Y,
APPLICABLE LEGAL
STANDARDS, FINDINGS OF
FACT, COMPREHENSIVE PLAN
ANALYSIS, CONCLUSIONS OF
LAW, AND ORDER OF DECISION
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I COTJRSE OF PROCEEDINGS
The Caldwell Community Development Department issued a notice of Public Hearing on
application VAR-09-98 to be held on March 26, 1998. Public notice requirements set forth in
Idaho Code Chapter 65, Local Planning Act, have been met. On March ll, 1998, notice was
published in the Idaho Press Tribune; on March 6, 1998, notice was mailed to all property owners
within 300 feet on the project site; and on March 19, 1998, notice was posted on the site.
1.2 Files and exhibits relative to this application were available for review in the Co-munity
Development Department and were available for review at the hearing.
II GEIYERAL FACTS
APPLICANT(S): Nextel Commurication, 860 W. LeVoy Street, Salt Lake City, UT.2.1
2.2 OWNER(S): T erry and Linda Weymouth, 824 Albany Street, Caldwell, ID
2.3 REOIIEST: Approval to constuct a wireless commrurications facility which will require a 75-
foot variance from the 45-foot height limitation to install a 120-foot monopole.
2.3.1 In a letter dated March 2, 1998, Applicant states that this facility will dramatically improve
telephone comrnunication services to the general public, will provide dispatch services for
emergency personnel, will provide seamless service along I-84 and surrounding highways, and
will permit Nextel to use fewer sites while providing service to tle same number of people.
Installing this telecommunication facility on the Welmouth property is in keeping with the
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current use and provides numerous benefits to the residents and businesses of Caldwell, Canyon
County and the State of Idaho.
LOCATION: 824 Albany Street, Caldwell, ID.
SITE PLAN: The site plan shows the proposed location of the facility.
NATURAL RESOURCES AND HAZARDOUS AREAS: The project site is not within the near
vicinity ofthe Boise River or Indian Creek, and is not within a floodplain,
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2.4
2.5
2.6
2.7 LAND USE: The subject site is mned C-2 Community Commercial, and is bordered by C-2 to
the west, east and soutlL and R-3 to the northwest.
2.8 COMPREI{ENSIVEPLANDESIGNATION: Commercial.
2.8.1 The Comprehensive Plan identifies three different commercial categories, Neighborhood
Commercial, Community Commercial, and Service Commercial. The Comprehensive Plan map
does not make a distinction between the three classes.
2.9 : The project site is not within the City/Canyon County impact area
2.IO PI.]BLICFACILITIES:
2.10.1 Schools - Caldwell and Vallivue School Districts were notifred of this project on March 6, 1998
2.10.2 Fire Protection - There was no comment flom the Fire Marshal on this project
2.10.3 Utilities - Water/Sewer - There was no comment from the City Engineer on this project.
2.10.4 The Fire Deparbnent and Engineering Department will review the project at the time of the
building permit application process.
2.10.5 Irrigation - Caldwell hrigation District was notified by mail on March 6, 1998.
2.ll TRANSPORTATION: Access to the subject site is from Albany Street.
2.12 PARKS. RECREATION AND OPEN SPACE: The request does not include parks, recreation
and open space.
2.13 HISTOzuC AREAS: The site is not within the Comprehensive Plan's Area of Historic
Significance.
2.14 HOUSING: The request is for a variance to install a 120-foot antenna.
2.15 COMMUMTY DESIGN: The
g6111rrni1y f, ommercial.
placement of the antenna will be within a site that is zoned C-2
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III TESTIMOI{Y
3.1 Pam Nobel, Applicant, stated that the difference in height from the ATT tower, located adjacent
to this site, is to prevent band width interference fiom either tower, that this tower will help
provide seam.less service to the Treasurer Valley area. that this tower will elevate 911 service, and
that the service is digital. She stated that there is no sipificant research to indicate that there are
health problems related to this kind of service.
Iv APPLICABLE LEGAL STA}II}ARDS
City of Caldwell 1977 Comprehensive Plan, as amended.
City of Caldwell Zoning Ordinance No. 1451, as amended.
Idaho Code, Chapter 65, Local Planning Act.
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4.1
4.2
4.3
6.1
6.2
5.1 fhs plenning and Zoning Commission members approved by reference the general facts noted
under Section II of this report, and found that the requested height of 120 feet is necessary
because of an ATT communication tower of 100 feet that is located and adjacent to the subject
site.
VI COMPREI T'.NSIVE PI.AT\I ANALYSE
The proposed project is in compliance with the Comprehensive Plan as follows:
Utilities - Policy 2.
V,A.RIANCE PROCEDUR-E
All five criteria for granting a variance were found by Commission members to be true
CONCLUSIONS OF LAW
VII
7.1
VIII
8.1 The Planning and Zoning Commission has the legal authority to hear a Variance request and to
approve or deny the same. The hearing met legal notification requirements, and met applicable
ordinances and codes.
Ix ORDEROFDECISION
9.1 The Commission found that the five criteria requfued to be answered in ganting a variance from
the 45-foot height limitation were true and the variance is hereby approved.
9.2 The specific terms and conditions placed on this Variance shall run with the site and remain valid
upon a change of ownership, or until such time that the Permit may be revoked, become invalid,
or replaced with another approved use. The Variance is not transferable from the approved site to
another site.
9.3 The Applicant, or future assims having an interest in the subject property, shall fully comply with
all conditions placed upon the Variance.
No changes in the conditions and terms of this Variance, as approved, shall be tmdertaken by the
Applicant, or fuhue assips having an interest in the subject property, until the Community
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V FINDINGS OF FACT
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Development Director has reviewed the proposed changes and approval for amendment has been
granted through the public hearing process.
9.5 Any violation of the terms and conditions of this Variance by the Applicants, or future assigns
having an interest in the subject site, shall be deemed a misdemeanor and subject to the
provisions set forth in Idaho Code, l8-113. Each day of continued violation shall be deemed a
separate offense.
9.6 This Variance shall become null and void if the facility is not in place and operational within six
months from the siming of the Order of Decision.
APPROVED AT PUBLIC I{EARING HELD MARCH 26, 1998.
ORDER OF DECISION, W]TH WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW
APPROVED BY PLANNING AND ZONING COMMSSION MEMBERS AT A REGT]LARLY
SCTIEDI.]LED MEETING HELD APRIL 9, 1998.
ATTEST:
Chairman Roos
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a Linda James,Development Director
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COMMUNITY DEVELOPfuIENT DEPARTMENT
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@iIguf @dntueLl 52I CTEVEI.AND BLVD.
CALDWELL, ID 83605
LINDA JAMES
Community Development Direclor
TELfPHONE 455-3021
FAX 455-3003
CALDWELL PLANI\IING AND ZONING COMMISSION
MINUTES OF MARCII 26, 1998
Call to Order - Chairman Bill Roos called the meeting to order at approximately 7:00 p.m.
Roll Call
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Review ofProceedings - Chaimran Roos reviewed the procedures for public hearings.
PoII Membert for Conflict of Interest - Chairman Roos polled members for any conflicts of
interest: there were none.
Old Business -
A. Approve Minutes of February 26, 1998 - The minutes were approved as written.
B. Approve Order of Decision for the f ollowing case: Case No. OA-14-98 (Ordinance
Amendment/ Manufactured Homes on Individual Lots). Motion: Reed Taylor moved to
approve the order. Second: Ray Mclaughlin. Approved: Unanimously.
\II. New Business - Public Hearings
Members Present:
Members Absent:
StaIT Present:
P&Z Minutes - March 26, 1997
Page I
William Roos, Ray Mclaughlin, Reed Taylor
Charles Murphy
Linda James, Bud Knickerbocker, Charma Comer
1. Case No. SUB-08F-97 (West Valley Estates #3), a request by I.B. Farms for final plat
approval to develop 52 residential lots on approximately 10.57 acres located in the R-l Zone. The
site is located on the east side of South 106 Avenue, south of Ustick Road and adjacent to the
south side of West Valley Estates No. 2.
Linda James presented the staff report and Exhibit PZ-1000, a copy of the Assessor's map
showing the location ofthe site and surrounding zoning. James stated that there was a revision in
the number of lots fiom 52 to 57 for final plat approval, atrd noted concerrr on irigation under
section 2.11.5, and asked that members include a stipulation in their recommendation to Council
that the system will be operative in Phase's 1,2 afi3 by April 15.
Wayne Foney, Applicant's representative, presented exhibit PZ-1001, a preliminary plat of West
Valley 1, 2 & 3 showing the phases. Forrey agreed and accepted stipulations in the staff report,
for the completion of the irrigation system for Phase s 1,2 & 3., by April l5h.
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Conclusions of Law - Motion: Ray Mclaughlin. Second: Reed Taylor. All legal requirements
were met and the request is in compliance *itl, th" Comprehensive Plan and Zoning Ordinance.
Passed: Unanimously.
Order of Decision - Motion: Reed Taylor. Second: Ray Mclaugblin. To recommend to City
Council that Case No. SIJB-08F-98, a request by J.B. Farms for final plat approval to develop 51
residential lots on approximately 10.57 acres located in the R-l Z.one be approved with the
following stipulation: Pressurized irrigation to be in operation to Phases 1,2 &,3 by April 15, or
the City will complete the installation and cash the security.
Chairman Roos stated that anyone wishing to appeal this Decision should contact the Corrmunity
Development Director.
2. Case No. St B-11F-96 (Falcon Ridge Estates No. l), a request by K & L Development for final
plat approval to develop 54 residential lots on approximately 1 1.795 acres located in the R-l Zone
and SUB-1IP-96 (Falcon Ridge Estates No. 2), and extension of preliminary plat approval to
develop 30 residential lots on approximately 7.29 acres located in the R-l zone. The site is
located on the sorshwest comer of the intersection of Montana Avenue and Ilomedale Road, and
lies adjacent to the southem boundary of Silverbow Estates Subdivision.
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Findings of Fact - Motion: Reed Taylor. Second: Ray Mclaughlin. Adopt the general facts
outlined in the staff report and the testimony offered by Wayne Forrey to agree and accept the
following stipulations: Irrigation system tested and operational by April 1.5rh, 1.997 deadlG, for
Phase 1,2 & 3, as Findings of Fact. Passed: Unanimously.
Linda Jarres presented the staffr,eport.
Commissioner Taylor declared a conflict of interest, and due to a lack of quorum, Case No. SUB-
1lF-96 was continued to the April 96 Commisgisa p6sting.
3. Case No. S[IB-20P-98 (Subia Subdivision), a request by Vem and Judy Subia to develop 9
residential lots on approximately 2 acres located in an R- I zone. The subject site is located on the
south side of Logan Street, and east of Marshall Avenue.
Bud Knickerbocker presented the Staff report and Exhibit PZ-1000, a copy of the Assessor's map
showing the site location and the surrounding zoning"
Art Schultz, Applicant's represeotative, presented exhibit PZ-1002, a written response to items
discussed under Public Facilities, Section 2.10 of the staff report. Questions regarding road
eas€ment, curbing, barrow piVshoulder, sidewalk right of way, and irrigation nmoff into steets,
were raised that no one could respond to. Commrmify Development Director Linda James made a
suggestion that this case be continued to the next meeting so that Gordon Law, City Engineer
could be present to answer Commissioner's concerns. Motion: Commissioner Taylor. Second:
Commissioner Mclaughlin, to continue Case SUB-20P-98 to the next scheduled meeting.
Passed: Unanimously.
P&Z Minutes - March 26, I 997
Prge2 lx ?
trl"r" Nos. ANN-07-98 ana SUP-zS-9t request by Dion Zimmerman to2. To hear concurren
annex approximately five acres into the City of Caldwell as an R-l zone and to construct a Church
of Jesus Christ of Latter-Day Saints building on said property. The subject site is currently zoned
County Agricultural and is located at the comer ofthe southeast inGrsection of Palrang Drive and
Montana Avenue.
Bud Knickerbocker presented the staff report and Exhibit PZ-1000, a copy ofthe Assessor's map
showing the site location and the surrounding zoning.
Dion Zimmerman , Applicant's representative, amwered questions regarding development, and
Noted they anticipate construction starting in the spring of 1999.
Findings of Fact - Motion: Reed Taylor. Second: Ray Mclaughlin. Adopt the General Facts
outlined in the staff report and the testimony offered, as Findings of Fact. Passed: Unanimously.
Comprehensive Plan Analysis - Motion: Reed Taylor. Second: Ray Mclaughlin. The project
is in compliance with, the following components; Agricultural Land I and 3; Residential
Categories 12; Utilities 1; Urban Storm Runof l; Commrmity Design l, 2 & 9. Passed:
Unanimously.-
Conclusions of Law - Motion: Ray Mclaughlin. Second: Reed Taylor. All legal requirements
were met and the request is in compliance with the Comprehensive Plan and loning Ordinance.
Passed: Unanimously.
Order of Decision - Motion: Reed Taylor. Second: Ray Mclaughlin. Based on Finding of Fact
and Conclusions of Law, Case No. ANN-07-98, be recommended to City Council for approval ,
and to approve Case No. SUP-29-98 with the following conditions; that the project be declared
null and void if construction plans are not submitted for approval by April l, 1999; and that
construction start by Sept 1, 1999;' the SUP is approved contingent upon Council approving the
annexation. Passed: Unanimously.
Chakman Roos stated that anyone wanting to appeal this Decision is to contact the Community
Development Director.
3. Case No. S{JP-30-98 (Alpha Bears), a request by Tina Valdez and Rachel Verlander to use an
existing residential structure as a Group Day Care Center, with no more than 12 children in
attendance at any one time. The site is more commonly known as 1205 Cleveland Boulevard.
Linda James presented the staff report and Exhibit PZ-1000, a copy of the Assessor's map
showing the site location and the surrounding zoning.
Rachelle Verlander, Applicant, addressed questions on parking, lighting and location of loading
and unloading children.
Findings of Fact - Motion: Reed Taylor. Second: Ray Mclaughlin. Adopt the General Facts
outlined in the staff repor! and the testimony offered. Passed: Unanimously.
Comprehensive Plan Analysis - Motion: Reed Taylor. Second: Ray Mclaughlin. The project
is in compliance, with the following components: Residential Categories 12, & 13; Historic
Areas l, 2,3, & 4.
P&Z Minntes - March 26, 1997
Page 3 7
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Conclusions of Law - Motion: Ray Mclaughlin. Second: Reed Taylor. All legal requirements
werc met and the request is in compliance with the Comprehensive Plan and Zoning Ordinance.
Passed: Unanimously.
Order of Decision - Motion: Reed Taylor. Second: Ray Mclaughlin. Based on Findings of
Fact and Conclusions of Law, Case No. SUP-30-98 be approved with the following conditions: a
detailed parking plan be submitted to Commturity Development Director; lighting be placed in the
alley area; a written agrcement to be desiped and brought before the Community Development
Director for approval and to be sigrred by all customers in regards to not loading or unloading on
ClevelandBlvd. Passed: Unanimously.
Chairman Roos stated ttrat anyone wanting to appeal this Decision is to coffact the Community
Development Director.
4. Case No. VAR-09-98, a request by Nextel Communication for approval to construct a wireless
communications facility which will require a 75-foot variance to install a 120-foot monopole. The
site is located at the northeast comer of the intersection of Albany and Ninth and is more
co--only known as 824 Albany Street.
Bud Knickerbocker presented the staff report and Exhibit PZ-1000, a copy of the Assessor's map
and the surrounding zoning.
Pamela Noble, Applicant's representative, addressed questions.
Findings of Fact - Motion: Reed Taylor. Second: Ray Mclaughlin. Adopt the General Facts
outlined in the staf report and the testimony offered as Findings of Fact. Passed: Unanimously.
Comprehensive Plan Analysis - Motion: Reed Taylor. Second: Ray Mcl.aughlin. The project
is in compliance with the following components; Utilities, 2.
Conclusions of Law - Motion: Ray Mclaughlin. Second: Reed Taylor. All legal requirements
were met and the request is in compliance with the Comprehensive Plan and lqning Ordinance.
Passed: Unanimously.
Order of Decision - Motion: Reed Taylor. Second: Ray Mclaughlin. Based on Findings of
Fact and Conclusions oflaw, Case No. VAR-09-98, be approved and to include the conditions
as noted in the staff report. Motion: Reed Taylor. Second: Ray Mclaughlin' Passed:
Unanimously.
Chairman Roos stated that anyone wanting to appeal this Decision is to contact ttre Community
Development Director.
\rII. Discussion on Planning Issues - April ls Workshop with Cormcil on the Comprehensive Plan
and map.
VI[. Adjournment - The meeting was adjoumed at approximately 9:20pm.
P&Z Minut6 - March 26, 1997
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MINUTES APPROVED ONTTM
Chairman Roos
P&Z Miflutes - March26,1997
Page 5
q 14 DAYoFAPRIL,1998.
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PUBLIC HE,A.RING COMMENT SHEET
(PLEASE PRINT CLEARLY)
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STREET ADDRESS:0 Ln rt Dn 4 toz
CITY/STATEiZIP:
NAME OF CASE BEING HEARD:
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vA ltl^t-uua(/^'/1 nl)
Check the appropnate line:
Applicant or Reoresentati
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_
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Written comments may be attached to this form or you may write them in below.
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