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COMMUNITY DE'VELOPMENT DEPARTMENT
The City of Caldwell
621 CLEVELAND BLVD.
CALDWELL ID 83605
TELEPHONE.155-3021
FAX 4lt5-3003
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COMMUNITY DEVELOPMENT DEPARTMENT
Wnf @alitoell 62I CLEVELAND BLVD.
CALDWELL, ID 83605
LINDA JAMES
Community Developmenl Direclor
TELEPHONE 455-302I
FAX 455-3003
Planning a1f, llning Commission agenda for April g, 1998, 7:00 p.m., City Hall Council
Chambers, Caldwell, Idaho.
AGENDA
I Call to Order
U Roll Call
m Review of Proceedings
IV Poll Members for Conflicts of Interest
V Old Business
A. Approve Minutes of March 26,1998 Meeting
B. Approve Orders of Decision for the following cases:l. Case No. SUB-08F-97 (West Valley Estates No. 3)2. Case Nos. ANN-07-98 and S1IP-29-98 (LDS Church)3. Case No. SUP-30-98 (AlphaBears)
4. Case No. VAR-09-98 (Nextel Communications)
C. Continued Cases from February 26,1998
l. case No. suB-20P-98 (Subia Subdivision), a request by Vem and Judy Subia to
develop 9 residential lots on approximately 2 acres located in an R-l zone. The
subject site is located on the south side of Logan Street, and east of Marshall Avenue.
2. Case No. SUB-I lF-96 (Falcon Ridge Estates No. 1), a request by K & L
Development for final plat approval to develop 54 residential lots on approximately
11.795 acres located in the R-1 Zone, and SUB-1lP-96 (Falcon Ridge Estates No. 2),
an 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
southwest comer of the intersection of Montana Avenue and Homedale Road, and
lies adjacent to the southem boundary of silverbow Estates Subdivision.
VI New Business -
case Nos. zoN-03-97, ANN-06-97, and suP-26-97 (Timberland Estates), a
remand from the Caldwell City Council to the Planning and zorung commission
for further action on the application for Special Use permit.
A.
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Discussion on Planning Issues
Adjournment
VIII
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COMMUNITY DEVELOPMENT DEPARTMENT
The CitY of Caldwell
621 CLEVEI-AND BLVD.
CALDWELL ID 83605
TELEPHONE 455.302I
FN( 455-3003
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MEMORANDUM
planning and Zoning Commissisa Members
Linda James
April3, 1998
Timberland Estates, Remand from Council
City Council members voted unanimously, at a meeting held March 16, to remand Case No. SLIP-
26-97 backte p[anning and Zoning Commission members for further action. The action you will
need to take at the April 9 meeting will be to clariff the SUP to be null and void because
annexation was denied. This does not have to be voted upon at a public hearing, therefore, you
will discuss and vote upon it as new business under the agenda.
I am enclosing a copy of the remand order; the lvlayor has signed the original, I just don't have a
copy of it yet.
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BEFORE TIiE CITYCOUNCIL OF THE
CITY OF CALDWELL
Ire fu Mauerof the Application of
Joe Safford fe1 f,.gzoning, Aanoration,
and a Special Use penuit to Dwelop a
Mobile Home Park
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cAsE NO. ZON{3-97, AI{N{6-97,
aud SIJP-25-97
The above Eirtter baving come befo-re the city councii.for hearing ou the Febn:ary 2,1998, for headng ol1 the reco'"iendatiou of the caldrnrcu-ph;i"g and. zoniug commission toannex certain ProPerty into fte city of caldwell u" ,o n-z
-ilo",
roq th" city cor:ucii haringconducted a public hearing as required. by law on rhe ruia-.".o.-endation *a ur.iog rejected,by decision of the Cor:nsil &e recommendatioo,o *oo;; ;;p"q, into the Ciry of Caldweit.
IT Is THEREFORE ORDERED AND TI[s DOES ORDER that the above referred. toapplication is remanded to the caldwell planning *a zonG dornr:rir"ioo for firrther action withrc.ference to the Application for speciat use Peririt
"o*."*roJl, *ith the Decision and. order of theCity Council rcgarding the annexation of said properry inr; il C;O, of Caldwell.
Datedthis d., of l&rch, 199g.
Mayor GarrctNancoias
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COMMUNITY DEVELOPMENT DEPARTMENT
The City of Caldwell
62I CLEVELAND BLVD.
CALDWELL ID 83605
TELEPHOT{E 4lt5-3021
FAX,t55-3003
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D.ETE:,l -(-^1A
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PAGES:
(including cover sheet)
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COMMENTS:
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MEMORANDUM
pf anning and Zonin9 Comm i ssion Members
Linda James
April3, 1998
Timberland Estates, Remand from Council
City Council members voted unanimously, at a meeting held March 16, to remand Case No. SUP-
26-97 backto Planning aadlsning Commission members for frrther action. The action you will
need to take at the April 9 meeting will be to clariff the SUP to be null and void because
annexation was denied. This does not have to be voted upon at a public hearing, therefore, you
will discuss and vote upon it as new business under the agenda.
I am enclosing a copy of the remand order; the Mayor has signed the original, I just don't have a
copy of it yet.
attachment
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BEFORE THE CITYCOUNCIL OF THE
CITY OF CAIDWELL
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cAsE NO. ZON43-97, AliN{6-97,
and stJP-25-97
h &e lv{atterof the Applicaion of
Joe Safford for Rezoning Anns:ration'
and a Special Use permitto Dwelop a
Mobile lIoue Park
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The above Eatter haviry come befo:e the_ c.ty co-r:ucil,.for headng ou the FebrurJ 2,1998, for headng oa the recomm.ndation of the cdd;,"Il plr"ri"g aud Zoning commissiou toulEnex certaiu Propefy into fte city of caldwell as an r-i zrr", au! the city cor:ucii havingcouductd' a public hearing as reguired' by bw ou the tuiaEor-*a.tioo *d havirg rejected.by decision of the Cor:ucrll tte .""or-*j"tio",o *.*Lij *"n."q, into the Ciqv of Caldweil
IT is TTIEREFORE ORDERED AllD TIiIs DoEs ORDER that the above referred, toapplicaion is rerunded to the caldweil PlaTing pd z;;G do.-i."ioo for firrther actioa withrc.fereuce to &e Application for Special use Peririt .o*iG, *i.u the Decisiou and. order of thecity co,ucil regardfug the anuexfoon of said. prop."y id" e" city of cardweil
Pdgdthis day of lvfarcb, 199g.
N4ayor GarretNaacolas
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rEB A5 '98 12:59Pt1 HRRRIS LAN oFFICE P.?/4
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MEMORANDUM
DATE:2.6-98
Lird&TO:
FROM:BLE
SIIBJECTT Appeal Timberland Estahs
MESSAGE:
I have reviewod your rnEmo to me dated February 4, Lggltcgarding the abovc mattel' Although
the decision of the Planning and Zoning Commission was flInounced on the rccotd o[ Ianuary
8, 199E, qnd an appeal from that decision was filed with the City Clerk on January 23, L99t,my
review of the Aty Orairranoes would indicate that tlre appoal time does not bcgin to run until a
wittondecision is filed. Please refer to Ordinance 01-05-19. That orrdinance conocrns "Dcoigions
and Orrdels". The Ordinance is somewhat arnbiguous inasrnuch as the first sentence states: "A
finai decision or order adyerse to a party in a contested case shall be in urriting oGated ritrlhc
Igg!," Ttrat would scern to mean that when the decision was made by the Commisaion on the
record on January 8, 199E, the appeal tirne began to nrn ftorn that date. However the context
of the rernahder of the Ordinanoo seems to refer to a written ordor. kr any cvent a written ordet
was entered in the above matter and it would be my opinion that the appeal tlme nrns from the
date of the unitten order. What is thc posture of the matter when an appoal is filcd before the
written decision b'ut is incomplete, i.e., a filing fee not being paid at the time of fiting? First thp
Clerk should not have allowed the appeal to be filed uithout ths payment of the filing fee. The
appeal notice should have been returned to the patty filiry the appeal with lnstructions that ths
flling fee was neoossary to file the appeal. However, the Clerk apparcntly did file the ap,peal.
The proper ptocedure at this point is for the Clerk to notify thc party that the filing fec was not
paid and unless paid within 15 days of tho filing datc qf the wrinen deoision the appeal will be
dismissed.
Because the otdlnance seems to rcquire a writton decieron on Planning and Zoning decisioru
(Ord. 01-05-19) I think the proper proceduto is for the Commission to determino what ifs
decision is by making general fuidings and conclusions, direotion to staff to prepare the fomral
written frndings and conclusions and order or decision and then as a first cource of busiloss at
thp next regularly sohedulod P & Z meeting adopt tho wrilten fuidings, conclusiotts and order.
By preceding in that fashion several things are accomplishsd; firet, a written deoision is made
in, every case; second, there would not bc tho possibility o1= the frrdings of faot and conclusion
made on the rEcord ditrering or that tho findings would be inconsistent with the decisisl
reaphed; thfud, the ordinance would be oorplied with fourttr" that there could be no objection
James
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fEB g5 '98 12:59PI'1 HRRRIS LRt^l oFFTCE P,3/4
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raisecl thal the deoision was made in violation of the open meeting law.
Obviously onc of the inherent problems with the conduct of the public meetings where the
Commissjon at the close of the ividence portion of the hearing immeida0ey starts the findings
of fact process is that the findings made might not support the decision reached. lhe decisio'n
would be sgbject to attack if the findings are not conststent with the decision. I have seen that
occur in a couple of ca,ses but the parties did not objeot ,rr aPPml o1 tt q b"tit- It is very
difficult to makl tindings that are consistent with the decision reached unless there is a consensus
amongst the Comsrission as to what decision they are going to reach- In order to get there in
reasonable fashion a discussion would fust be held as to the merits or dements of the application
zurd olce there is a corsensus as to what tfte decision will be then findings of fact and
conclusions c"an be made. Another problom area is if the furdings rnade on the record are
ditferent from the witten finclings, an attack can be urade by a Party on the basis that the
decision is not supPorted by the findings.
Finally, I have sent a Memo to the Clerk directing that an appeal will not be filed unless the
requisite fae and paper work is completed. If you have any questions please call-
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COMMUNITY DEVELOPMENT DEPARTMENT
The City of Caldwell
621 CLEVELAND BLVD.
CALDWELL ID 83605
TELEPHONE 455*302'
FAX 455-3003
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DATE:2-G-aa PAGES: 3
(including cover sheet)
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COMMENTS
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APPEAL APPLICATION
City of Caldwell Community Development Dggltment
E. Cleveland Blvd., Caldwell, ID' 83605
Phone: (208) 455-3021
State in detail the matter; reference the applicable sections of the statutes and rules, and attach
to this form.
Application Fee
Legal Notice Fee Zse
Ivlailing Fee:
I LINDERSTAND:
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Ail the information, statements, attachments and exhibits submitted with the application are true
to the best of mY knowledge
Signature:Date:
FOR OFFICE USE ONLY
DATE RECETVED:
This appiication is subject to acceptance by the City of Caldwell Community
Development Departrnent upon thi determination that this application is complete'
HEARING DATE:
RECETVED BY
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FEE SCHEDULE
COMMUNITY DEVELOPMENT SERVICES
COMMUNITY DEVELOPMENT/ENGINEERING/FIRE DEPARTMENT
FY 97-98
Subdivision plats (non PUD):
Preliminary
Final
Manufactured Home Park
Special Use Permit (non PUD and
mobile home park)
Special Use Permit:
PUD Vsubdivision
PUD wo/subdivision
Zone Change
Tex Amendment
Annexation
Variance
Comp Plan Map Amendment
Comp Plan Te><t Amendment
PIat Amendment
Appeal
- 250
Vacations:
Non-utility
Udliry
Legal Norice Advertising
Home Occupation Permit
Administrative Exception
Regular Mailing
Certified Mailing
Zoning Map
Comp Plan Map
Xerox Copies
Comp PIan
Subdivision Ordinance
Zoning Ordinance
tx 5ce :foc*
$345+$ 5 per lot
175+ l0 per lot
675+ l0 per lot
175
690+10 per lot
345
250
6
25
25
225
225
Concurrent Cases:
When a request from an applicant includes more than one application. i.e., subdivision/annexation/variance,
the highest fee ofthe respective requests will be used as the base, plus $100 for each additional request.
SALES:
J
$8
5
set by City
l5
8
8
290
290
2s0
250
150@
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AEFIDAVIT OF PUBUCAITON
STATE OF IDAHO
Counry of Canyon
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Carolyn SpaLh
3j,I3ll,_ glly"ifinty, rdaho, being firsr cl r.r ly,sworn, deposes and says:
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1. That I am a citizen of the United States of America, anct arall tinres hereinafrer mentionia-was or.iil. og. of eig'reenyears, and not a party ro the abovi .niiit.a-nction.
2. That I am the principar crerk.of the Idaho press-Tribune.
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3. Thar the notice. of which rhe annexecl is a printed copy,was published in iaid newspaper
Once
-. in the r.egular ancl entire issue of said paper, ancl w.as. prinred in the newspaper propeE .na notln a supplement.
b,P 4. That said notice was
llbbgsjr.d
the foilowing dates:
F ebruary 24,
STATE OF o )
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)COUNry OF CANYON
for'J,
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uv c0t{ilsslot{EXflRES
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COMMUNITY DEVELOPMENT DEPARTMENT
The City of Caldwell
621 CLEVELAND BLVD.
CALDWELL ID 83605
TELEPHONE 455-3021
FAX 455-3003
DATE:2-/3 -t B
TO:
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PAGES:
(including cover sheet)
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COMMUNITY DEVELOPMENT DEPARTMENT
@itufifi.alitoell 62] CLEVELAND BLVD.
CALDWELL, ID 83605
LINDA JAMES
Community Developmenl Director
TELEPHONE 455-3021
FAX 455-3003
LEGAL NOTICE IS HEREBY GMN that the Caldwell City Council will hold a public
hearing at City Hall Corurcil Chambers, 621 Cleveland Boulevard, Caldwell, on Monday, March
16, 1998, at7:30 p.m., to hear the following:
ln accordance with Chapter 10, Zorung Ordinance No. 1451, Article 3, Administrative
Procedures, Section 10-03-04, Special Use Permit Procedures, Subsections 7 and 8, Appeals, the
applicants known as Connie Blayney, Kenneth E. Brush, and Ruth Brown, appeal the Decision of
Planning and Zorung Commission in the matter of Timberland Estates mobile home park (Case
Nos. ZON-03-97, ANN-06-97, SUP-26-97), said appeal of the Commission denying interested
parties motion to dismiss application for special use permit; the Commission's recommendation
to City Council to amex certain real property; the Commission's recommendation of zorung
designation R-2 of the real properly upon annexation; and the order conditionally granting a
special use permit for the construction and operation of a mobile home park upon the annexed
real property. The project site is located on the east side of Lake Avenue and adjacent to the
south boundary of Hickman Subdivision.
PUBLISH F'EBRUARY 24, 1998
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