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CITY COUNCIL
ITEM DATE SUBMITTED BY
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t eANNEXATION
PT]BLIC ANNEXATION
SI SIIEET FOR PIIBLI C IMARINGS
No person shall be_ permitted to speak }efore the City Council at a public Hearinguntil recognized by the Mayor. AII persons speat<ing shall speak before amicrophone in such a manner as will assure that the recorded testimony or remarpswiII be accurate and trustworthy. At the commencement of the hearing, the Councilshall establish a time limit to be observed by all speakers. When the public Ifearingis quasi-judicial in nature or one after which the City Council is required by Iaw tomake findings of fact, each speaker must swear or affirm that his testimony will betrue and correct- Any person refusing to comply with the rules will be prohibitedfrom speaking during the public Ilearing
NAME RESIDENTIAL ADDRESS
-27-00
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DISCUSSION AND QUESTIONS
PUBLIC IIEARING:ANN-27-OO - HARSHMAN ANNEXATION
SIGN-UP SHEET FO R PUBLIC IIEARINGS
No person shall be permitted to speak before the City Council at a Public llearinguntil recognized by the Mayor. All persons speaking shall speak before a
microphone in such a manner as will assure that the recorded testimony or remarks
will be accurate and trustworthy. At the commencement of the hearing, the Council
shall establish a time limit to be observed by all speakers. When the Public Hearing
is quasi-judicial in nature or one after which the City Council is required by law to
make findings of fact, each speaker must swear or affirm that his testimony will be
true and correct. Any person refusing to comply with the rules will be prohibited
from speaking during the Public Hearing.
NAME RESIDENTIAL ADDRESS
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REGULARMEETING
JUNE 5,2000
7:00 P.M.
The Meeting was called to order by Mayor Nancolas.
The Invocation was offered by Elder clay Brown of the First christian churchafter which the Mayor requested that everyone remain standing ioitt" rt"ag" oiAllegiance to the Flag.
The Roll of the city council was calred wirh the following members present:Gable, Callsen, Earl, Ozuna, Langan, and Wells. Absent: non"e.
ADDITIONS OR DELETIONS TO THE AGENDA.
The Mayor asked if the Council Members had any additions or deletions to theprepared Agenda.
It was MovED by Gabre, SECONDED by callsen to add No. 12 under the'consent calendar. .to consider acceptance of the low bid from waningtonconstruction for Airpark Sewer project and also a No. 13 under the con-sentcalendar to consider approval of a new Airport Tenant Agreement with crockerBuilding Company.
Roll call vote. Those voting yes: Gable, calrsen, Earl, ozuna, Langan, andWells. Those voting no: none. Absent and not voting: none.
MOTIONCARRIED
MovED by Langan, SECONDED by Earl to accept the Agenda as amended.
Roll call vote. Those voting yes; Langan, Wells, Gable, Callsen, Earl, andOzuna. Those voting no: none. Absent and not voting: none.
SPECIAL PRESENTATIONS. OTION CARRIED
The Mayor stated that the most precious resource the city has was volunteerism.
This evening he wanted to acknowredge a group of individuals who have come
lrward volunteering their time. He then recognized the caldwell Ramblers
chapter of the National Good Sam club and asked them to inhoduce themselves.
The Mayor then read the following agreement they presented to the City:
The caldwell Ramblers chapter of the National Good sam clubs hereby adoptLuby Park in Caldwell, Idaho, as a participating membbr of the Good Samnational Adopt-a-Park community service projlct.
The Rambler chapter agrees periodically to examine its adopted park and when
deemed appropriate to police said park ofcans, bottles, and misceilaneous debris
and deposit it in receptacles provided at the park.
This agreement, when signed by an authorized city official, qualifies the Ramblerchapter as a participating member in the state and naiional program. This
agreement does not bind any member of Good sams to any predetlrmined time of
participation- in the program, but the club undertakes this project as a part of its
volunteer public service.
Mayor Nancolas thanked the group and expressed his appreciation for their
interest in the City of Caldwell.
AUDIENCE PARTICIPATION.
The Mayor asked if there was anyone from the audience who wanted to address
the city council on any item that was not on the prepared Agenda. since there
was no one, the Mayor declared that the meeting would continui as outlined.
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Conclusions of Law:
Councilwoman Earl stated as follows:r Thc city council has the authority to consldcr thc rocommcndation of tho
Hearlng Examiner to grant approval or dcny;o The Public Hearing hetd on May 25,2000, was legally noticed and was
held within the guidelines of Idaho Code and City Ordinances.
MOVED by Callsen, SECONDED by Gable to accept rhe Conclusions of Law as
presented by Councilwoman Earl.
Roll call vote. Those voting yes: Callsen, Earl, Ozuna, Langan, Wells, and
Gable. Those voting no: none. Absent and not voting: none..
MOTIONCARRIED
Order of Decision:
MOVED by Earl, SECONDED by Langan that based upon the Findings of Fact
and Conclusions of Law, the City Council hereby orders that Case No. SUB-30F-
99 (Quail Meadow Subdivision), requested by V.E. Graves and Sons, Inc., for
final plat approval of 39 residential and 8 common area lots was approved
contingent upon the easement being recorded and also authorize the Mayor to sign
the Order of Decision administratively.
Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and
Callsen. Those voting no: none. Absent and not voting: none.
MOTION CARRIED
(PUBLTC TIEARTNG ON CAStr NO. ANN-27-00-HARSHMAN ANNDXATION)
The Mayor'explained that this was a Public Hearing and he reviewed the process
for the hearing. It was a quasi judicial issue so everyone testifring would be
sworn in before speaking. He then opened the Public Hearing.
Linda James, Community Development Director, was swom in and reviewed the
Staff Report stating that this matter was heard before the Hearing Examiner held
April 27tn; the Examiner recommended to Council that this request be approved;
the hearing tonight was also noticed according to law; she presented Exhibit CC-
1000 showing the area along Franklin Road and also Exhibit CC.1001, the
official zoning map; pointed out the testimony presented during the Examiner's
Ilearing.
Before continuing, the Mayor asked Council if there was any Council Member
who has a conflict interest and not participating in this matter. Councilwoman
Earl stated that she would not be participating due to a conflict. The Mayor noted
that there was one person signed to testiff in favor and two signed under
questions and discussion with no one in opposition.
Bill Mason, Earl and Associates, 34 Badiola Street was sworn in by the Clerk and
spoke in favor ofthe annexation explaining the zoning and noted that when they
do come forward with development plans, they would meet the requirements of
the City.
Ralph Smeed, l6l7 Idaho Street was signed to speak and stated that Chris Korte,
499 Main Street in Boise would speak for him. He was swom in by the Clerk and
testified that they were not concemed about the rezone as long as they would not
be opposed to their industrial rezone as well.
Mayor Nancolas again noted that this request was simply for annexation and a
zone. Any kind of development agreements, buffering or any ofthose types of
issues, would be addressed during the preliminary plat process.
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It was then MOVED by Gable, SECONDED by Callsen to close the public
testimony portion of the hearing
Roll call vote. Those voting yes: Gable, Callsen, Ozuna, I-angan, and Wells.
Those voting no: none. Abstain: Earl. Absent and not voting: none.
MOTIONCARRIED
Comprehensive Pian Analysis:
MOVED by Wells, SECONDED by Langan to accept the Hearing Examiner's
Comprehensive PIan Analysis included in the StaffReport.
Roll call vote. Those voting yes: Wells, Gable, Callsen, Ozuna, and Langan.
Those voting no: none. Abstain: Earl. Absent and not voting: none.
r MOTION CARRIED
Acceptance of evidence list:
MOVED by Langan, SECONDED by Wells to accept the Evidence List including
CC-1000, a map presented by Mrs. James which was slightly altered during the
testimony to truly reflect the R-3 designation as presented in packets; CC-1001,
the official zoning map of the City of Caldwell; StaffReport and sign up sheets.
Roll call vote. Those voting yes: Langan, Wells, Gable, Callsen, and Ozuna.
Those voting no: none, Abstain: Earl. Absent and not voting: none.
MOTIONCARRIED
Findings ofFact:
MOVED by Langan, SECONDED by Gable that Council accept the general facts
outlined in the StaffReport and include appropriate testimony given this evening.
Roll call vote. Those voting yes: Lairgan, Wells, Gable, Callsen, and Ozuna.
Those voting no: none. Abstain: Earl. Absent and not voting: none.
MOTION CARRIED
Conclusions of Law:
MOVED by Callsen, SECONDED by Langan that the City Council has the
authority to hear this case and to approve or deny; public notice requirements
were met and the hearing was conducted within the guidelines of applicable Idaho
Codes and City Ordinances.
Roll call vote. Those voting yes: Callsen, Ozuna, Langan, Wells, and Gable.
Those voting no: none. Abstain: Earl. Absent and not voting: none.
MOTION CARRIED
Order of Decision:
MOVED by Gable, SECONDED by Langan that based on the Findings of Fact
and Conclusions of Law, the Caldwell City Council hereby orders that Case No.
ANN-27-00, a request by Aldon W. and Jacquelyn A. Harshman to annex
approximately 27 acres into the City as an R-3 (High Density Residential
Zone)and approximately 80 acres as'an R-2 (Medium Density Residential be
approved.
Roll call vote. Those voting yes: Gable, Callsen, Ozuna, Langan, and Wells,
Those voting no: none. Abstain: Earl. Absent and not voting: none.
MOTION CARRIED
MOVED by Ozuna, SECONDED by Gable to close the Public Hearing.
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Roll call vote. Those voting yes: Ozuna, Langan, Wells, Gable, and Callsen.
Those voting no: none. Abstain: Earl. Absent and not voting: none.
MOTIONCARRIED
(FIRST READING OF BILL NO. 17 ['OR THE HARSHMAN ANNEXATION)
Mayor Nancolas read Bill No. l7 by title only as follows:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS
CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CALDWELL,
COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS
SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART
OF THE R-2 (MEDIUM DENSITY RESIDENTIAL) ZONE DISTRICT, AND
AS A PART OF THE R.3 (HIGH DENSITY RESIDENTIAL) ZONE
DISTRICT; AND DECLARING SAID LAND BY PROPER LEGAL
DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF
CALDWELL, CANYON COTINTY, IDAHO; REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND
COMMUNITY DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TO
THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND
DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A
CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE
ANNEXED WITH CANYON COTINTY, STATE OF IDAHO AND THE
IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE,
SECTION 63-2219,
MOVED by Gable, SECONDED by Langan that this be considered the first
reading of Bill No. 17,
Roll call vote. Those voting yes: Gable, Callsen, Ozuna, Langan, and Wells.
Those voting no: none. Abstain: Earl. Absent and not voting: none.
MOTIONCARRIED
(PUBLIC HEARING ON CASE NO. ZON-08-00 - OND LINDEN PLAZA
REZONE)
The Mayor explained that this hearing was considered to be quasi judicial so
those testiffing would be swom in by the Clerk. He explained that the format for
this hearing would be exactly the same as the previous hearing. The Public
Hearing was opened by the Mayor and he asked that the Community
Development Director present the Staff Report,
Since Mrs. James was sworn in during the previous hearing, she was still under
oath. The Director reviewed the Report stating that the hearing held before the
Planning and Zonitg Commission was legally noticed; the Commission
recommended to Council that they approve this rezone; this hearing was duly
noticed and posted and property owners notified; a znning map was included in
Council's packets; reviewed the uses adjacent to the subject site included in the
Report; no one testified in opposition to this request during the Commission's
hearing. She also commented that she personally did not often think that rezones
were appropriate in the City unless they were contiguous, outward zoning of an
existing zoning pattern. In this case, it was appropriate to rezone this to a C-3.
Mayor Nancolas noted that only one person was signed to testiff in favor and no
one opposed or was requesting questions or comments.
Tony Elordi, 3304 Iowa Avenue was recognized and sworn in by the Clerk. Mr.
Elordi stated that he was lhere to answer any questions that Council might have
regarding this request.
Boo!o
Councilwoman Earl informed Council that on the 3l't of May, the Canyon County
Board of commissioners approved the crty's, Impact Area; thanked everyone for
their sympathy during her recent loss; Airpark roads from Linden to 20126;
discussed budget schedules; she would not be available for meetings on July 5
and 6. In addition, she requested that counoil have more of an active part in the
budget this year so they could understand what was going on.
The Mayor suggested that the meetings be rescheduled since it was on the Fourth
ofJuly weekend.
Councilman Gable informed the Mayor and Council that he attended the opening
of Pioneer Title and he reprdsented to the first Hispanic Senior Celebration.
Councilman Wells briefly discussed the need for planning for the future'
(MAYOR',S COMMENTS)
Mayor Nancolas reported on plans for the Fourth of July particularly about the
timl capsule thai would be opened during the day. He encouraged
Councilpirsons to write a letter to put in the capiule when it was once again
sealed. other items included announcing a workshop at 5:30 p.m. to discuss
additional space and also to discuss economic development; Yout} Games were
scheduled for June l6th and 17s; the documents were signed on the Wertenberger
property; another 1L2 Acres will be purchased with F.A.A, Funds; he informed
bouncii that he would be gone Tuesday through Thursday, but would be back on
Fridav: he would be at the U.S. Conferenc" of Muyott in Seattle on the 12ft and
l3'h ;i June; the A.I.C. Conference w.ui on June 26 through July I't which he
would be attending; and he reported hours worked during May.
(ADJOURT{)
MOVED by Earl, SECoNDED by Gable that since there was no more business,
the Meeting be adjoumed at 10:10 p'm.
MOTION CARRIED
APPROVEDAS wrltten THIS tqthDAYOF :une '2000'
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(SPECIAL PRESENTATIONS)
Mayor Nancolas explained that in the City of Caldwell, we have an Employee oi
the Month program. This was designed to recognize the efforts of those
employees that their supervisors and administrators felt were exemplary in their
duties and go above and beyond the call ofduty. Their good attitude encourages
others to do a good job so we felt it was appropriate to start recognizing those
employees, This month we havc a membor of the Police Departraent who was the
recipient of that award. He then read the letter submitted by Captain Maybon as
follows:
The nomination for Employee of the Month is Melinda Chynoweth. Melinda has
been with the department for 7 lz yews and was a solid and loyal employee.
Melinda consistently volunteers to assist with departmental projects and makes
herself avaitable to fill in for shift shortages in the Dispatch Center. Melinda has
been involved in the Youth Games both years and'was in charge of
communications for this year's event. Additionally, Melinda volunteers to
produce the Department Newsletter each month. Melinda embodies 'the
ptrilosoptry of Community Policing and improving not only our Department,' but
ihe community as well. Communications Supervisor Sheila McGregor made this
nomination, and I concur that Melinda deseryes this honor for her efiflorts, which
go beyond the scope of her normal dispatch duties. Employees who display this
continued dedication to our community were an inspiration to all those around
them. l
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REGT]LARMEETING
JITNE 19,2000
7:00 P.M.
The Meeting was called to order by Mayor Nancolas.
The Invocation was offered by Linda Olsen of the Grace Lutheran Church after
which the Mayor requested that everyone remain standing. for the Pledge of
Allegiance to the Flag.
The Roll of the City Council was called with the following members present:
Gable, Callsen, Earl, Ozuna, Langan, and Wells. Absent: none.
(ADDTTTONS OR DELETTONS TO THE AGENDA)
MOVED by Gable, SECONDED by Earl that items No. six and seven under New
Business be moved up to the beginning ofNew,Business 1A and lB.
Roll call vote. Those voting yes: Gable, Callsen, Earl, Ozuna, Langan, and
Wells. Those voting no: none. Absent and not voting: none.
MOTION CARRIED
MOVED by Earl, SECONDED by Gable to accept the Agenda as amended.
Roll call vote. Those voting. yes: Earl, Ozuna, Langan, Wells, Gable, and
Callsen. Those voting noi none. Absent and not voting: none.
MOTIONCARRIED
The Mayor pointed out some drawings of the new Police Station and invited anyone who
cared to look at them after the meeting was certainly welcome to do so,
(AUDIENCE PARTICIPATION
The Mayor asked if there was anyone from the audience who cared to address the
Council at this time. Since there was no one, the Mayor declared that the meetirig
would continue as outlined.
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The Mayor presented a praque and a gift of a fishing rod arong with hiscongrafulations.
CONSENT CALENDAR
The . Mayor presented the foflowing items on the consent calendar forconsideration by the City Council:
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l. Dispense with the reading of the minutes of the Regurar council
^ Meeting of June 5, 2000 ani approve u, *ritt"n;, I2. Approve
- acceptance of the foilowing boarirs and commissions:MinutesI}omtheCaldweIlPublicLibraryBoardMeetinghetdonMay
4, 2000; minutes from the Caldwell Industrial Airpoi Coo,rirrion
Meeting of June 1,2000; and the Caldwell Golf Board M""tiilI;l;
on May 17,2000;
3. Approve the Order of Decision for One Linden plazarczone;
4. Approve order of Decision for annexation and preliminary zubdivisionplat of Manchester park, Units 6 through 12 is requested Uy Capitai
Development;
5. Approve order of Decision to annex approximatery 27 acres into theCity as an R-3 zone and annex approximately g0 acres as an R-2 zone
requested by Harshmans;
6. Approve order of Decision to annex approximatery 40 acres into theCity as a C-3 zone and approximately 60 acres as an M_l zone
requested by Ralph Smeed;
]. Approve acceptance ofright-of-way deed from Fullertons;8. Approve Resolution authorizing cancellation of a portion of an AirportLease with Max Barker and new Airport Liase with Goplides' Aviation;
f. Approve acceptanco of utility easement from Ronald and Emily Rainy;
10. Approve acc€ptance of Defenal Agreement from Natividaa ana sin
Juanita Degollado.
MovED by Gable, SECONDED by Earr to approve the consent carendar aspresented.
Roll call vote. Those voting yes: Gable, callsen, Earl, ozuna, Langan, and wells,Those voting no: none. Absent and not voting: none.
OLD BUSII\TESS MOTION CARRIED
(SECOND READING O[' BILL NQ. 17 X'OR CASE NO. ANN.27-OO,AIYNEXATION REQUESTED BY IIARSHMAN WITH NNqUESi TO \ryAIVETHE RULES AND PASS AI'TER THE SECOND READINb AND APPROVESUMMARY f,'OR PUBLTCATIOTg
Mayor Nancolas read Bill No. l7 by title only as foltows:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYSCONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CALDWELL,COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDdSHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PARTOF THE R-2 (MEDIUM DENSITY RESIDENTIAL) ZONE DISTRICT, ANDAS A PART OF JlE R-3 GTIGH DENSITY RESIDENTIAL) ZONEDISTRICT; AND DECLARING SAID LAND BY PROPER LEGALDESCRIPTION AS DESCRIBED BELOW TO BE A PART OF TI{E CITY OFCALDWELL, CANYON COUNTY, IDAHo; REPEALING ALLORDINANCES, RESOLUTIO}IS, ORDERS OR PARTS THEREOF INCONFLICT HEREW]TH; AND DIRECTING THE CITY ENGINE'Nh.i;
COMMTINITY DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TOTHE OFFICIAL MAPS OF THE CITY OF CALDWELL, NAHO; ENODIRECTING THE CLERK OF THE CITY OF CALDWELL TO N'ILP E
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cERTIFIED copy oF THE oRDINANcT *No'rraap oF THE AREA To BE
ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THEIDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE,
SECTION 63-2219.
Page I33
MovED by Gable, SECONDED by ozuna to waive the rules requiring that a bill
-be
r91d at three separate times and read in full for the one reading and pass Bill
No, l7 after the second reading.'
Roll call vote. Those voting yes: Gable, Callsen, Ozuna, Langan, and Wells,
Abstain: Earl. Those voting no: none. Absent and not voting: none.
MOTIONCARRIED
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MOVED by Gable, SECONDED by Callsen that Bill No. 17 be passed and
entitled ordinance No. 2331 after the second reading by title only and approve the
summary of Bill No. l7 for publication.
Roll call vote. Those voting yes: Gable, Cdllsen; Ozuna, Langan, and Wells,
Abstain: Earl. Those voting no: none. Absent andnotvoting: none.'
MOTTONCARRTEq
(SECOND READTNG OF BrLL NO. 18, CASE NO. ZON-08-00 X.OR ONE
LINDEN PLAZA REZONE WITH REQUEST TO WAIYE THE RULES AND
PASS ON THE SECOND READING AND APPROVE SI]MMARY FOR
PUBLTCATTOTg
Mayor Nancolas read Bill No. l8 by title only as follows:
AN ORDTNANCE TO PROVIDE A C-3 (SERVICE COMMERCIAL) ZONE
DESIGNATION FOR CERTAIN LANDS; DETERMINING THAT SAID
ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL,
IDAHO; INSTRUCTING THE COMMTJNITY DEVELOPMENT DIRECTOR
AND CITY ENGINEER TO DESIGNATE SAID PROPERTY AS C-3 ON THE
OFFICIAL ZONING MAP AND OTHER AREA MAPS OF THE CITY;
REPEALING ALL LAWS, OBDINANCES AND RESOLUTIONS IN
CONFLICT HEREWTH.
MOVED by Gable, SECONDED by Earl to waive the rules requiring that a bill
be read at three separate times and read in full for one reading and pass Bill No.
l8 after the second reading
Roll call vote. Those voting yes: Gable, Crillsen, Earl, Ozuna, Langan, and
Wells. Those voting no: none. Absent and not voting: nope.
MOTION CARRIED
MOVED by Gable, SECONDED by Earl that Bill No. 18 be passed and entitled
Ordinance No. 2332 after the second reading by title only and approve the
Summary of the Bill for publication
Roll call vote. Those voting yesi Gable, Callsen, Earl, Ozuna, Langan, and
Wells. Those voting no: none. Absent and not voting: none.
MOTION CARRIED
(SECOND READING O[' BILL NO. t9 FOR CASE NO. ANN-30-00,
AIYNEXATION REQUESTED BY RALPH SMEED WITH REQUEST TO
WAIVE THE RULES AND PASS AFTER TITE SECOND READING AND
APPROVE SUMMARY T'OR PUBLICATIOI9
The Mayor read Bill No. 19 by title only as follows:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS
CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CALDWELL,.
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Roll call vote. Those voting'yes; Earl, Ozuna, Langan, flells, Gable, and
Callsen. Those voting no: none. Absent end not votingi nil3rro*
.ARRIED
(REQITEST FOR AN EXECUTIYE SESSIOI9
MOVED by Earl, SECONDED by Callsen that pursuant to Idaho State Code. 67-
2345, an Executive Session be held at this time for the purpose of discussing
pending litigation and property acquisition.
Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and
Callsen. Those voting no: none. Absent and not voting: none.
MOTIONCARRIED
The Members of the Council convened into an Executive Session at 8:30 p.m. and
reconvened into the Regular Meeting at 8:55 p.m.
(CITY COTTNCTL REPORTS)
Councilman Langan stated that he did not have a report, but would like to submit
a letter to be placed in the time capsule on the Fourth of July.
Councilwoman Earl commented that the Brother's Park was wonderful. The
Mayor noted that the annexation of that land would probably come before the
Planning and Zoning Commission on July 6s.
Councilman Gable reported on the Youth Fest stating that it was a great aflair.
Diane lv[iller did a wonderful job of organizing it.
(MAYOR'S COMMENTS)
The Mayor reported on the following: He would be sttending the Association of
Idaho Cities Conference next week; Councilwoman Earl would be the Acting
Mayor during that time since Councilman Gable would be attending as well; they
would be conducting interview the next day for the contract management team for
the new Police Station; there was a ribbon cutting on Wednesday moming at 920
Blaine for a new business; he was meeting with the Idaho Transportation
DeparEnent at I l:30 p.m. on Thursday at the Flying J and Council was certainly
welcome to come as they would be looking at Exit 29; also, a meeting from
12:00 to 2:00 p.m. with the entire Board at the Nampa Civic Center; the technical
study and data was in for I-84 Conidor Study which shows Karcher as number' one, Ustick number two, and Middleton number three; he was meeting at
Thursday with Commissioner Lakey regarding to some drawings that were
prepared to present to the Fair Board; discussed the Fourth of July celebration
which would start a Memorial Park at Noon and urged Council to get their letters
ready for the time capsule; and presented an idea for a video of Caldwell which he
believed would be wonderful and Council agreed that he should move forward on
this concept.
(ADJOURNMENT)
MOVED by Wells, SECONDED by Gable that since there was no more business,
the council Meeting be adjourned at 9:10 p'm'
MorroN .ARRIED
3rd DAY OF .rutv ,2000.
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APPROVEDAS Er{rren THIS
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BILL NO. 17
oRDINANCE NO. 233r
AN ORDINAI\CE DETERMIIIING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE
CITY LIN{ITS OF TITF' CITY OF CALDWELL, COIINTY OF' CANYON, STATE OF IDAHO,
AND THAT SAID LANDS SHOI]LD BE AIYNE)(ED TO TIIT', CITY OF CALDWELL, IDAHO,
AS PART OF' TITF', R-2 CMEDII.]M DENSITY RESIDENTIAL) ZONE DISTRICT, AI\D AS A
PART OF' THE R-3 (EIGH DENSITY RESIDENTIAL) ZONE DISTRICT; AJTID DECLARING
SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART
OF Tgtr CITY OF CALDWELL, CfuYYON COI.INTY, IDAHO; REPEALING ALL
oRDINAIICES, RESOLUTIONS, ORDERS OR PARTS TmREOF rN CONFLICT
MREWITH; AND DIRECTING TIM CITY ENGINEER AND COMMIIMTY DEYELOPMENT
DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF
CALDWELL, IDAHO; AND DIRECTING TEE CLERK OF THE CITY OF CALDWELL TO
FILE A CERTIFIED COPY OF THF' ORDINANCE AND MAP OF TIIE AREA TO BE
ANi\E)GD WITH CANYON COUNTY, STATE OF IDAIIO AND TIIE IDAHO STATE TAX
coMMrssroN, PURSUANT TO rDAHO CoDE, sECTroN 63-2219.
BE IT ORDAINED, BY THT', I\{T{YOR AND CITY COTINCIL OF TIIE CITY OF CALDWELL,
COIINTY OF CANYON, STATE OF IDAHO:
Section 1. That the Caldwell City Cogncil, upon recommendation of the Planning Commission Hearing
Examiner, and following the public notice and hearing procedures set forth in Section 10-01-07, Zonrng
Ordinance No. 1451, upprou.d Case No. ANN-27-00 (Harshman Annexation) on June 5, 2000.
Section 2. The eastern boundary of the site is located along the westem boundary of KCID Road,
beginning approximately 400 feet south of Highway 20126. The parcel is contiguous to the City of
Caldwell, Idiiro and the applicants have requested that a portion of said following described land should
be annexed to the City of baldwel1, Idaho ai an R-3 zone and a portion as an R-2 zone, as follows:
R-3 Zone -Apart of thedE % SE % and apartof the SE %NE Voandapart of theNE %NE % of
Section25, Township 4 North, Range 3 West, Boise Meridian, Caldwell, Canyon County, Idaho, more
particularly described as follows: Commencing at the NE comer of said NE % NE %'(Section corner
common to Sections 24, 19,30 and 25), saidio*.. monumented with a 3 inch diameter brass disk;
Thence S. 0o 37' 12" W., a distance of 436.64 feet along the easterly boundary of said NE % NE % to the
POINT OF BEGINNING, said point monumented with a 5/8 inch diameter iron pin; Thence continuing
S. 0o 37' L2- W' a distance of 256.02 feet along the easterly boundary of said NE % NE % to a point;
Thence S. 89' 24' 15- W., a distance of 1064.8 i feetparallel with the northerly bourdary of said NE %
NE % to a point; Thence S. 0o 38' 55" 'W., a distance of l,gSl.qZ feet parallel with the westerly boundary
of said NE % NE % and parallel with the westerly boundary of said SE Y" NE % to a point on the
southerlyboundaryof saidSp,ZXf, t/o;Thences.0o38'45-W.,adistance of 1324.85 feetparallelwith
the wesierly boundary of said NE % SE % to a point on the southerly boundary of said NE % SE %;
Thence S. 89" 36' 55; W., a distance of 256.04 feet along the southerly boundary of said NE % SE % to
the SW corner of said NE % SE 1/4 , (SE 1/16 corner), said comer monumented with a 5/8 inch diameter
iron pin; Thence N. 0o 38' 45- E., p distance of 1324.80 feet along the westerly boundary of said NE %
SE % to the NW corner of said NE % SE 1/4 , (CE 1116 corner), said corner monumented with a 5/8 inch
diameter iron pin; Thence N. 0o 38' 55" 8., a distance of 2208.58 feet along the westerly boundary of said
SE % NE Yo andalong a portion of the westerly boundary of said NE % NE % to a point 436.64 feet south
of the northerly boundary of said NE % NE %, said corner monumented with a 5/8 inch diameter iron pin;
Thence N. 89' 24' 15- E., a distanc e of 1320.77 feet parallel with the northerly boundary of aid NE % NE
% to the POINT OF BEGINNING. This parcel contains 27.026 acres more or less'
(_/;
,t
t ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
oRDINANCE NO. 2331
RE GARD rN" AxIZHI"H ffir??X DE s IGNATIoN
This ordinance provides for arurexation of approximately 27 acres into the City of Caldwell as an R-3 (High-
Density Residential) zone and approximately 80 acres'as an R-2 (ivledium-Density Residential) zone' The 9or-nbined
total
properry of approximately 107 acres is located adjacent to the west side of KCIi Road, approximately 400 feet south of
Highway 20126. TheR-3 portion of the property is lega[y described.as a part of the NE]. !E '!, afi a part of the SE % NE
,A ard a part of the NE % NE ,/, or siction2s, To-wnship 4 North, Range 3 West, B-oise. Meridian, Caldwell, Canyon
County, Idaho, more particularly described as foliows: Commencing at the NE corner of said NE % NE % (Section comer
common to Sections 24, 19,30 and 25), said comer momrmented with a 3 inch diameter brass disk; Thence S' 0o 37' 12"
W., a distanc e of 436.64 feet along the easterly boundary of said NE % NE % to the POINT OF BEGINNING' said point
monumented with a 5/8 inch diameter iron pin; Thence continuing S. 0o 37' 12- W ., a distance of 256'02 feet along the
easterly boundary of said NE % NE yn to apoint; Thence S. 89" i4' 15- W., a distance of 1064'84 feet parallel with the
northerly boundary of said NE % NE t/o to a point; Thence S. 0o 38' 55" W., a distanc e of 1953 '42 feet parallel with the
westerly boundary of said NE % NE % arld parailel with the westerly boundary "{:ii9-SP % NE % to a point on the
southerly bouudary of said SE % NE %; Thence S. 0' 38' 45" w., u dirtuo." of Bzq.as feet parallel withlhe
-wcsterly
boundary of said NE % SE Yo to apoint on the southerly boundary of said NE % SE Yo; T\ence S' 89' 36' 55" W'' a
distance of 256.04feet along the southerly boundary of said NE % SE % to the SW corner of said NE % SE 1/4 ' (SE 1/16
corner), said corner monuniented with a 5/8 inch iiameter iron pin; Thence N. 0o 38,' 45" E', a distance of 1324'80 feet
along the westerly boundary of said NE % SE % to the NW corner of said NE % SE 1/4 , (CE 1/16 corner), said comer
monumented with a 5/g inch diameter iron pin; Thence N. 0o 38' 55" E., a distance of 2208.58 feet along the westerly
boundary of said SE % NE % and along a portion of the westerly boundary of said NE y:Y % to a point 436'64 feet south
of the northerly boundary of said NE % NE yo, saidcorner monumented with a 5/8 inch diameter ton pin; Thence N' 89'
24, 15- E., a distanc e of 1320.7i feet parailel with the northerly boundary of aid NE % NE % to the POINT oF
BEGINNING, cont3ining 27.026 acres more or less. The R-2 portion of the property is legally described T u pt 9f th"
NE%SE vqandapartoftheSE%NE loandapartoftheNE%NE%of Section25,Township4North,RangeJWest'
Boise Meridian, Caldwell, Canyon County, Idaho, more particularly described as follows: Commencing at the NE comer
of said NE % NE % (Section corner common to Sections 24, 1d,30 and 25), said corner monumented with a 3 inch
diameter brass disk; Thence S. 0o 37' l2' w., a distance of 692.70 feet along the eastgrlv-b^oundary of said NE.7o NE % to
the poINT oF BEGINNING; Thence continuing S. 0' 37' 12- w., a distanJe of 1657.15 feet along the easterly h.y&w
of said NE % NE % and along the easterly boundary of said sE % NE % to the NE corner of said NE % SE % (East %
comer), said corner monumenied with a 3 inch diameter brass disk; Thence S. 0o 36' 52" W', a distance of 1325'02 feet
along the easterly boundary of said NE % SE % to the SE corner of said NE % NE %, (South 1/16 corner cornmon to
sections 25 arfi30), said .t*., *onor.r"nted with a 5/8 inch diameter iron pin; Thence S- 89' 36' 55' w'' a distance of
1066.46 feet along the southerly boundary of said NE % SE % to a point; Thence N. 0o 38' 45- E', a distance of 1324'85
feet parallel with the westerly boundary of said NE % SE Vn to apoint on the southerly boundary of said SE % NE %;
Thence N.0o 3g, 55,'E., a distance of lg53.42feetparallelwiththe westerlyboundary o-f said SE y'NE% andparallel
with the westerly bouudary of said NE % NE % to a point; Thence I. 89" 2i' 15'E., a distance of 1064'84 feet parallel
with the northerly boundary of said NE % NE % to the PoINT OF BEGINNING, containing 80.230 acres more or less' The
ordinance includes a provision to amend the official maps of the crty by designating- the above-described property as R-3
and R-2 zones respectively, and it provides an effective dut., *hi.h snali te *ir.t, p,rbrcn"d ]n the Idaho Press Tribune on
the 26thday of June, 2000. Ordinance No. 233I was pas-sed-byrn" Co*tif ani appro"ed by the Mayor on the..l9d day
of June, 2000. The full text of the Ordinanr. i. u*iluble at Caldwell City Hall, 621 CGveland Boulevard, Caldwell' Idaho'
The Mayor and City Council approved the foregoing surunary for publication pursuant to Idaho Code 50-901A on the
1 9rh daY ofJune, 2000.
o
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and complete surunary of Ordinance
No. 2331 and provides adequate notice to the public as to
the contents of such ordinance.
DATED this 19th day of June, 2000.
Mark Hilty
Attomey for City of Caldwell
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Garret Nancolas, MaYor
ATTEST: Betty Jo Keller, CitY Clerk
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BEFORE TIIT' 1Y14YOR AND CITY COTINCIL
CITY OT' CALDWELL, IDAHO
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IN TIIE MATTER OF TIIE APPLICATION
oF ALDON W. AND JACQIIELYN A.
IIARSHMAN TO ANNEX APPROXIMATELY
27 ACRES INTO TIIE CITY AS A}[ R-3 ZOI\"8
AI\D TO ANI\'EX APPROXIMATLEY 80 ACRES
INTO TIIE CITY AS AN R-2 ZONE
CASE NO. At[N-27-00, COIIRSE OF
PROCEEDINGS, GENERAL FACTS,
TESTIMONY, APPLICABLE LEGAL
STANDARDS, C OMPREHENSIVE
PLAN ANALYSIS, FINDINGS OF'F'ACT,
CONCLUSTONS OF LAW, AND
ORDER OF DECISION
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I COURSE OF'PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of public hearing on application ANN-
27-00 to be held on April 27,2000 before the Planning and Zoning Hearing Examiner. Public notice
requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On April 12,2000 notice
was published in the Idaho-Press Tribune; on April 7 ,2000 notice was mailed to all property owners within
300 feet of the project site and to all political subdivisions providing services to the City; and, on April20,
2000 notice was posted on the site.
1.2 At said hearing, the Hearing Examiner recommended that the Mayor and City Council approve Case No.
ANN-27-00.
1.3 The Caldwell Community Development Department issued a notice of public hearing on application ANN-
27-00 to be held on April 27,2000 before the Mayor and City Council. Public notice requirements set
forth in Idaho Code, Chapter 65, Local Planning Act, were met. On May 20,2000 notice was published in
the Idaho-Press Tribune; on May 77,2000 notice was mailed to all property owners within 300 feet of the
project site and to all political subdivisions providing services to the City; and, on May 26,2000 notice was
posted on the site.
1.4 Files and exhibits relative to this application are available for review in the Community Development
Department and were available for review at applicable hearings.
II GENERAL T'ACTS
2.1 APPLICANT (S): Aldon W. and Jacquelyn A. Harshman, 187i0 Middleton Road, Nampa,ID
2.2 OWNER (S): Same as above.
2.3 REQUEST: To annex approximately 27 acres into the City as an R-3 (High-Density Residential) zone and
approximately 80 acres into the City as an R-2 (Medium-Density Residential) zone for a total of
approximately 107 acres. As a part of the annexation, the Comprehensive Plan Land Use Map will be
changed from an Agricultural designation to R-3 and R-2 designations for the aforementioned acreages,
and the Comprehensive Plan Land Use Map will be amended as a part of the next available update.
LOCATION: The Eastern boundary of the approximately 107 acres is located along the Western boundary
of KCID road, beginning approximately 400 feet south of the Highway 20126 boundary.
LEGALDESCRIPTIONS: R-3Zone-Apartof theNE%SE%andapartoftheSE%NE%andapart
of the NE % NE % of Section 25, Township 4 North, Range 3 West, Boise Meridian, Caldwell, Canyon
2.4
2.5
(-/r b
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County, Idaho, more particularly described as follows: Commencing at the NE corner of said NE % NE %
(Section comer common to Sections 24,19,30 and 25), said comer monumented with a 3 inch diameter
brass disk; Thence S. 0o 37' 72" W., a distance of 436.64 feet along the easterly boundary of said NE % NE
% to the POINT OF BEGINNING, said point monumented with a 5/8 inch diameter iron pin; Thence
continuing S. 0o 37' 12" W., a distance of 256.02 feet along the easterly boundary of said NE % NE % to a
point; Thence S. 89' 24' 15" W., a distance of 1064.84 feet parallel with the northerly boundary of said NE
%NE % to a point; Thence S. 0o 38' 55"'W., a distance of 1953.42 feet parallel with the westerly boundary
of said NE % NE % and parallel with the westerly boundary of said SE % NE Yq to a point on the southerly
boundary of said SE % NE Yq; Thence S. 0o 38' 45" 'W., a distance of 1324.85 feet parallel with the
westerly boundary of said NE % SE % to a point on the southerly boundary of said NE % SE %; Thence S.
89o 36' 55" W., a distance of 256.04 feet along the southerly boundary of said NE % SE % to the SW
corner of said NE % SE l/4 , (SE 1/16 corner), said corner monumented with a 5/8 inch diameter iron pin;
Thence N. 0o 38' 45" 8, a distance of 1324.80 feet along the westerly boundary of said NE % SE % to the
NW corner of said NE % SE 1/4 , (CE 1116 corner), said corner monumented with a 5/8 inch diameter iron
pin; Thence N. 0o 38' 55" E., a distance of 2208.58 feet along the westerly boundary of said SE % NE %
and along a portion of the westerly boundary of said NE % NE % to a point 436.64 feet south of the
northerly boundary of said NE % NE %, said comer monumented with a 5/8 inch diameter iron pin; Thence
N. 89' 24' 15" E., a distance of 1320J7 feet parallel with the northerly boundary of aid NE % NE % to the
POINT OF BEGINNING. This parcel contains 27.026 acres more or 1ess.
R-2 Zone - A part of the NE Y4SE% and a part of the SE '/+NEt/o and a part of the NE %NE% of Section
25, Township 4 North, Range 3 West, Boise Meridian, Caldwell, Canyon County, Idaho, more particularly
described as follows: Commencing at the NE comer of said NE % NE % (Section corner common to
Sections 24,19,30 and 25), said corner monumented with a 3 inch diameter brass disk; Thence S. 0o 37'
12" W' a distance of 692.70 feet along the easterly boundary of said NE % NE % to the POINT OF
BEGINNING; Thence continuing S. 0o 37' 12" W., a distance of 1657.15 feet along the easterly boundary
of said NE % NE % and along the easterly boundary of said SE % NE Yt to the NE corner of said NE % SE
% (East lo corner), said corner monumented with a 3 inch diameter brass disk; Thence S. 0o 36' 52" W., a
distance of 1325.02 feet along the easterly boundary of said NE % SE % to the SE comer of said NE % NE
%, (South 1/16 corner common to sections 25 and 30), said corner monumented with a 5/8 inch diameter
iron pin; Thence S. 89" 36' 55" W., a distance of 1066.46 feet along the southerly boundary of said NE %
SE % to a point; Thence N. 0o 38' 45- 8., a distance of 1324.85 feet parallel with the westerly boundary of
said NE % SE % to a point on the southerly boundary of said SE % NE t/o; Thence N. 0o 38' 55" E., a
distance of 1953.42 feet parallel with the westerly boundary of said SE % NE V+ and parallel with the
westerly boundary of said NE % NE % to a point; Thence N. 89' 24' 15" E., a distance of 1064.84 feet
parallel with the northerly boundary of said NE % NE % to the POINT OF BEGINNING. This parcel
contains 80.230 acres more or less.
2.6 NATURAL RESOURCES AND HAZARDOUS AREAS: The subject site is not within the vicinity of the
Boise River or Indian Creek, or within a flood plain.
2.7 LAND USE: The parcel is zoned County Agricultural and is surrounded by County Ag, except for
approximately 1325 feet of the eastern boundary of the project site, which is bordered by City MJ.
2.8 COMPREHENSIVEPLANDESIGNATION: Agricultural.
2.8.1 The Comprehensive Plan defines Agricultural as "suitable primarily for the preservation of existing
farmland essential to the economic welfare of the community and region. Activities related to agriculture
and livestock production and the development of single-family homes on minimum 5 acre lots are
appropriate."
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2.8.2 The Comprehensive Plan Map also constitutes the present Area of City Impact Map. There are several
flaws that relate to the Agricultural designations shown on this Map. l) The City does not have an
Agricultural zone classification within the corporate boundaries. This means that any annexation of land
designated as Agricultural cannot actually be brought into the City as an Agricultural zone because there is
no such zone classification. Any land annexed into the City can only be brought in under a classified zone
that actual exists. 2) Agricultural policies I and 2 outlined in the Comprehensive Plan conflict with each
other. Policy 1 notes that "the continuation of farming in places with the Impact Area which area awaiting
urbanization will be assisted in any way possible." However, Policy 3 notes that "support is to be given to
the County's Comprehensive Plan, which encourages urbanization within Areas of City Impact." Impact
area boundaries should include only those areas that are realistically slated for development and growth; if
an agricultural area is truly meant to be protected, it should never be included in Impact boundaries. City
officials and Planning and Zoning Commission members are aware of the illogicalness of the Agricultural
designation. The City is in the process of amending the Comprehensive Plan and the Area of City Impact
boundaries. Once these have been approved and are in place, the City will begin the process of amending
the Comprehensive Plan Map, which will include removing the Agricultural designations.
2.8.3 Similar annexations (ANN-23-99 Industrial Park property), which was also designated Agricultural, was
approved by City Council earlier this year as an M-l (Light Industrial) zone, and ANN-28-00 (Hampton
Business Center) was approved as a C-4 zone. The request for this annexation (ANN-27-00) is for two
zones, R-3 (High-Density Residential) and R-3 (Medium-Density Residential). The R-3 zone is
approximately 27 acres and acts as a 260-foot wide buffer between the proposed R-2 zone and non-annexed
Agricultural designated land and an annexed parcel zoned M-1.
2.8.4 The Applicants noted in their narrative that there are existing R-3 and R-2 zones within the City that act as
hansitional zones between M-l (Light Industrial) and I-P (Industrial Park) zones. Their narrative set forth
examples of these areas, which can easily be identified on the zone map.
2.8.5 The request is for annexation only, which, if approved, would only permit one residential unit to be
constructed on the R-3 zoned parcel and one on the R-2 parcel. Further development would require either a
Planned Unit Development and/or a subdivision plat, both of which require public hearings. Development
proposals would address buffering between the R-3 zone and the zones to the west and would be a part of
the review and approval process.
2.9 AREA OF CITY IMPACT: The project site is within the Area of City Impact. Canyon County
Development Services was notified of the annexation request on April 7 ,2000 and May 17,2000.
2,IO PUBLICFACILITIES:
2.10.1 Schools - Caldwell and Valliwe School Districts were notified of the request on April 7 , 2000 and May 1 7,
2000.
2.10.2 Fire Protection - This is an annexation request only. The Fire Department responds to proposed
development plans, which include PIID's and/or subdivisions.
2.10.3 Utilities - Water/Sewer - This is an annexation request only. The City Engineer, in a memorandum dated
April 14, 2000 noted the following: 1) the Engineering Department does not oppose the annexation; 2)
there are sewer and water systems in place that are capable of providing service to this area; 3) the area is
2100 feet in right angle distance from the nearest Airport runway and does not lie within the lowJevel glide
part at either end of the runway, and aircraft elevations should be high enough to attenuate noise effects
substantially and permit the proposed zoning designations contemplated in the application; and, 4) there are
plans to extend the existing runway and service larger aircraft than presently used at the Airport, which
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would potentially create noise concems. The Engineer recommended that certain passive measures should
be addressed at the time of developing this site.
2.10.4 Lrigation - The site is within the Pioneer Irigation District. The District was notified of the annexation
request on April 7 , 2000 and May 17 , 2000.
2.11 TRANSPORTATION: The Eastern boundary of the site is bordered by KICD Road. This is an annexation
request only, and access proposals would be addressed at the time of development. In a letter dated April
77,2000, Sid Bright, Work Director, Canyon Highway District No. 4 indicated great concerns as to how
the development and annexation will affect the Dishict's roads and requested that the annexation is denied.
However, no specific concerns were expressed. The District will be included in the review process at the
time a development proposal is submitted and will have the opportunity to respond appropriately.
2.t2 PARKS. RECREATION AND OPEN SPACE: This application is for annexation and does not include
proposed parks, recreational and open spaces.
2.13 HISTORIC AREAS: This properly is not within the City's Area of Historic Significance.
2.I4 HOUSING: The request is for annexation as R-3 and R-2 residential zones but does not include a
development request
2.15 COMMUNITY DESIGN: This is an annexation request
III TESTIMONY
3.1 Linda James presented the staff report and the following Exhibits: Exhibit CC-1000 a copy of an
Assessor's map of Section 25, Township N, Range 3 W.B.M., which identified the project area and
adjacent proposed and current annexations and attendant zoning; Exhibit CC-1001, the City's official
zoning map. She pointed out on the Zoning Map, the areas that are currently zoned M-l and I-P that are
adjacent to R-3 districts, which act as a buffer between lower density residential. (The report on the
recommendation submitted to Council included Exhibits PR-3, 4 and 5, which were letters of protest from
LeAnn and Curtis Kovick, Elton Hickrnan, Tatia and John Fillmore, Patricia and Randall Hickrnan, and
Marshall Hickrnan)
3.2 Bill Mason, Applicants' representative, testified in favor and stated the following: the site is contiguous to
the City on the west; the property is within the Urban Renewal Agency's boundaries; this same transitional
zoning is used around Albertson College; when a development plan is proposed it will meet the
requirements of both the subdivision ordinance and zoning ordinance.
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3.4
Chris Korte, representing Ralph Smeed, testified and stated the following: the annexation is going from
industrial into a different land use; he hopes the Applicants will not be opposed to Mr. Smeed's annexation
request as an industrial zone; if City Council believes these zones are compatible, that is their right.
Bill Mason, in rebuffal, stated that the Applicants are aware of Mr. Smeed's request for an industrial zone
designation ofhis property adjacent to the west and they are not opposed.
IV APPLICABLE LEGAL STANDARDS
City of Caldwell1977 Comprehensive Plan, as amended.
City of Caldwell Zoning Ordinance No. 1451, as amended.
Idaho Code, Chapter 65, Local Planning Act.
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4.2
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4.4 Idaho Code, Title 50, Municipal Corporations, Chapter 2, Section 50-222 regarding annexations
V COMPREIIENSIYE PLAI\I ANALYSIS
5.1 The request is in Compliance with the Comprehensive Plan as follows: The area is designated
Agricultural; however, as the staff report indicates there is a conflict between this designation and Policy 3
the Plan's Agricultural Component, which states, "support will be given to Canyon Counff's
Comprehensive Plan, which encourages urbanization within Areas of City Impact and protective of Canyon
County's very important agricultural industry outside those areas." The City is planning for groMh along
the Highway 20126 corridor and is in the process of expanding the impact boundary. The request is also in
compliance with the Comprehensive Plan, as follows: l) Residential Component, Policy 7, which states,
"The City will strive to achieve appropriate buffering and adequate transition between different
classifications of uses when considering applications for new uses, land development, zone changes and
annexation." Both R-3 and R-2 zones can be developed with higher density residential; the proposed
zoning will support an adequate buffer. 2) Airport Component, Policy 2, which states, "That adequate land
use zoning will be instituted by Caldwell and Canyon County including additional safeguards to protect the
airport and land uses in the airport vicinity." The City Engineer noted in his memorandum that the area is
not within the low-level glide path at either end of the nearest Airport runway. 3) Transportation
Component, Policies 7 and 10, which respectively state, "To permit regional and local passenger and truck
traffic to move safely and quickly through the communit5r," and "To address, manage, and implement
traffic conhol measures and related matters pertaining to vehicular and pedestrian traffic safely."
VI FII\DINGS OT'f,'ACT
6.1 Accept the general facts outlined in the staff report and the testimony presented as Findings of Fact.
VII CONCLUSIONS OF'LAW
7.1 The City Council has the authority to hear this case and to approve or deny; public notice requirements
were met and the hearing was conducted within the guidelines of applicable Idaho Codes and City
ordinances.
VIII ORDER OF DECISION
8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case
No. ANN-27-00, a request by Aldon W. and Jacquelyn A. Harsham to annex approximately 27 acres into
the City as an R-3 (High-Density Residential) zone and approximately 80 acres as an R-2 (Medium Density
Residential) is approved.
CASE NO. ANN-27-OO WAS HEARD BY THE MAYOR AND CITY COLINCIL MEMBERS AT A PUBLIC
HEARING HELD JUNE 5,2OOO.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE ORDER OF DECISION WAS
APPROVED BY THE CITY COUNCIL AND SIGNED BY MAYOR NANCOLAS AT A REGULARLY
MEETING HELD JUNE 19, 2OOO.
f .d)o^,*C^
ATTEST:
G"r49y'r-r<,,
Mayor Garret L. Nancolas
City ClerliE/etty Jo Keller
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.ALD*EL".rffi t['rt*"o,MEErrNG
JIINE 19,2000 AT 7:00 p.M. IN CIfy HALL,621 Cr.tr.VELAIyD BLVD..PRE-COUNCIL AT 6:45 P.ilL
INVOCATION BY PASTOR LINDA OLSEN OF TIIE PRACE LUTMRAN CHIIB,CII.PLEDGE OFALLEGIANCE.
ROLL CALL.
ADDMONS OR DELETIONS TO TIIE AGENDA.
SPECIAL PRESENTATIONS AIYD AIIDIENCE PARTICIPATION.
CONSENT CALEI\IDAR
1. Dispense with the reading of the minutes of the Regular Council Meeting of June 5, 2000' and approve as written;2. Approve acceptance of the minutes from the various boards and commissions;3. Approve Order of Decision for One Linden plaa,rezote;4. Approve Order of Decision for annexation and preliminary subdivision plat of
Manchester Pmk, Units 6 through 12 as requested by Cipital Devilopment5' Approve Order of Desision to an"ex approximatety 27 icres into thi clty as an R-3 zone
and annex approximately 80 acres as an R-2 zone requested by Harshmans;- 6. Approve order of Decision to annex approximatety 40 a"."stinto the City as a C-3 zone'
and approximately 60 acres as an M-l zone requested by Ralph smeed;' 7. Approve acceptarce of right-of-way deed AomFuilertons;8. Approve Resolutions authorizing cancellation of a portion of an Airport Lease with Ma,x
Barker & new Airport Lease with Goplaces Aviation;
?. Approve acceptanie of Utility Easeme,nt from Ronald and Eririly Rainy;
10. Approve acceptance of Deferral Agreement from Natividad & San fuanita Degollado.
OLD BUSINESS
1. Second reading of Bill No. 17 for Case No. A}IN-27-00, annexation reguested by
Harshman,with request to waive the rules and pass after the second lssding and approvl
Snm m ary for publication-2. Second reading of Biil No. 18, Case No. ZON-08-00 for One Linden Ple-a rezone with
request to waive the rules and pass on ttelsecond reading and approve summary for
publication.
3. Second reading of Bill No. 19 for Case No. ANN-30-00, anng;a1ion reguested by Ralph
Smeed wi'th rJquest to waive the ruIes and pass after tne second reading and apprwe
Summary for publication4- Second reading of Bill No. 20, Case No. ANN-29-00, annexation requested by Capital
DevelopmenB with request to waive the rules and pass after the seiond read.ing-and
approve Summary for publication.
NEW BUSI}IESS
1. Public Hearing on Case No. SUB-2lP (E)-98, application of Jerry Fallet for a one year
extension of preliminary plu approval of Commuter Estates Subdivision.2. Public Hearing on Case No. ANN-31-00, request for 4nnexation of approximately 48
acres as an M-l Zone requestedby Jan M. Vinson. :t 3. Cons.ider the first reading of Bill No. 22 for annexation request by Jan Vinson.
I 4. Public Hearing in the matter of application of the Caldwill Comprehensive Plan update' committee to amend Caldwell Comprehensive plan 2000.5. Consider Resolution to adopt the Caldwell Comprehensive Plan 2000.6. Public Hearing for consideratiou of an amendmint to the 1999-00 fiscal year budgel7. Consider Bill No. 23 to amend the 1999-00 fiscal year budget' 8. Financial Report.'.
9. Pursuant to Idatro State Code, 67-2345, request for an' Executive Session regarding, pending litigation.
10. City Council Reports and Mayor's Comments
. 11. Adjoum. NextRegularCouncilMeetingonJuly3,2000.
Sv q:*f needing special accommodations to participaG in the;bove noticed meeting should contactcity clerk's office prior to the meeting at 455-3000 at 621 cleveland Blvd.
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AGENDA
CALDWELL CITY COUNCIL MEETING
JUNE 5, 2000 - 7:00 P.M. - CITY HALL - 621 CLEVELAND BLVD.
PRE-COUNCIL AT 6:45 P.M.
INVOCATION BY CLAY BROWN, ELDER FROM FIRST CTIRISTIAN CHURCH.
PLEDGE OF ALLEGIANCE.
ROLL CALL.
ADDITIONS OR DELETIONS TO THE AGENDA.
SPECIAL PRESENTATIONS AND AUDIENCE PARTICIPATION.
CONSENT CALENDARI' Dispense with the reading of the minutes of the Regular Council Meeting of May 15, 2000,
and approve as written;2. Approve acceptance of the minutes of the various boards and commissions;3. Approve the appointment of Shrley Wilson to the Senior Citizens Center Commission to
complete the term of Elvin Rothell;4. Approve acceptance of Deferral Agreement from Ruth Taggart;5. Approve acceptance of Deferral Agreement from Juan and San Juanita Molina;6. Approve acceptance of a right of way deed from Dr. Hugh Eddy and Karen Eddy;7. Approve Resolution for the dedication of utilities for Ashton Hills No. 1 Subdivision;8. Approve Order of Decision on Weston pointe;
9, Approve acceptance of right of way deed fiom Grace Lutheran Church.
OLD BUSINESS
1. Continuation of Hearing on Case No. OA-30-00 regarding adult entertainment.2. Consider Bill No. l6 with request to waive the rules requiring three readings of the bill and to
be read in full for one reading and approve the summary of Bill No. 16 for publication3. Second reading of Bill No. I 5 for the annexation for Weston Pointe with request to waive the
rules requiring that a bill be read three separate times and in fuIl for one reading and pass
after the second reading and approve summary for publication.
NEW BUSINESS
I . Final plat approval on Case No. SUB-34( 1&2)F-99 - Southern Heights and request approval
for Mayor to administratively sign Order of Decision.2. Final plat approval on Case No. SUB-30F-99 - Quail Meadow subdivision and request
approval for Mayor to administratively sign Order of Decision.3. Public Hearing on Case No. ANN-27-00 - Harshman annexation.4. First reading of Bill No. 17 for the Harshman annexation.5. Public Hearing on Case No. ZON-08-00 - One Linden plazarezone.
6. First reading of Bill No. l8 for One Linden plaza.
7. Public Hearing on Case No. ANN-30-00 - request for annexation by Ralph Smeed.8, First reading of Bill No. l9 for Smeed annexation.9. Public Hearing on Case Nos. ANN-29-00 & SUB-48-00 - Manchester Park annexation and
preliminary plat.
10. First reading of Bill No. 20 on Manchester Park Annexation - Case No. ANN-29-00.
1 I ' Public Hearing on Case No. SUB-49-00 - Reed Taylor, final plat approval (short plat) and
request approval for Mayor to administratively sign Order of Decision.
12. Financial Report.
13. City Council Reports.
14. Mayor's Comments.
15. Adjourn. Next Regular Council Meeting on June 19, 2000.
Any person needing special accommodations to participate in the above noticed meeting should contact
city clerk's office prior to the meeting at 455-3000 at 621 cleveland Blvd.
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