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PLAIINING AND ZOIIING
ITEM DATE SUBMITTED BY
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designation. #r-. is located at the southeast
corner of the intersection of Aviation Way and State Hwy 20126.
Testimony -
Linda James presented the staff report and Exhibit PZ-1000, Assessor's map with the site outlined
Speakrng in favor were: Rita Earl and Bill Mason, Representatives.
No one spoke in opposition.
Public Testimony Closed -Chairman Blacker closed public testimony
Comprehensive Plan Analysis on Case No. ANN-28-00 - Motion: Commissioner Teraberry,
Commissioner Archuleta. The Land Use Goal of the Comprehensive Plan Analysis applies.
Unanimous roll call vote.
Second:
Passed:
Findings of Fact on Case No. ANN-28-00 - Motion: Commissioner Teraberry. Second; Commissioner
Archuleta. Accept the general facts outlined in the staff report as Findings of Fact and include the
following from testimony: the C-4 zoning requested is a progressive outward expansion from the Flying J
properry to the west; the site will be developed in the future with uses that are permitted in a C-4 zone.
Conclusions of Law on Case No. ANN-28-00 - Motion: Commissioner Archuleta. Second:
Commissioner Teraberry. The Plaruring and Zoning Commission has the authority to hear this case and to
recommend approval or derual; the hearing was legally noticed and conducted within the guidelines of
applicable codes and ordinances. Passed: Unanimous roll call vote.
Recommendation to City Council on Case No. ANN-28-00 - Motion: Commissioner Teraberry. Second:
Commissioner Archuleta. Recommend approval of Case No. ANN-28-00. Passed: Unanimous roll call
vote.
Comprehensive Plan Analysis on Case No. SUB-47P-00 - Motion: Comnissioner Archuleta. Second:
Commissioner Teraberry. The request is in compliance with the following components: Commercial
Categories - Policy 8; Utilities- Policies 1, 2, and 3; Urban Storm Runoff- Policies I and 2. Passed:
Unanimous roll call vote.
Findings of Fact on Case No. SUB-47P-00 - Motion: Commissioner Teraberry. Second: Commissioner
Archuleta. Accept the general facts outlined in the staff report as Findings of Fact and the following facts
taken from testimony: the Applicants will comply with the requirements placed on the preliminary plat by
the City Engineer, Fire Marshall and Pioneer Irrigation; the entrance islands shown on the plat will be
landscaped and will be maintained by the business association.
Conclusions of Law on Case No. SUB-47P-00 - Motion: Commissioner Teraberry. Second:
Commissioner Archuleta. The Plarming and Zoning Commission has the authority to hear this case and to
recommend approval or denial; the hearing was legally noticed and conducted within the guidelines ol
applicable codes and ordinances. Passed: Unanimous roll call vote.
Recommendation to City Council on Case No. SUB-4?P-00 - Motion: Commissioner Teraberry.
Second: Commissioner Archuleta. Recommend approval of Case No. SUB-47P-00 with the standard
conditions outlined in the staff report. Passed: Unanimous roll call vote.
Public Hearing Closed - Chairman Blacker closed the public hearing.
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D Case No. ANN-30-00, a request by Ralph Smeed to annex approximately 40 acres into the City as
a C-3 (Service Commercial) zone and approximately 60 acres as an M-1 (Light Industrial) zone.
As a part of the annexation, the Comprehensive Plan Land Use map would be amended from an
Agricultural designation to a Commercial and Indush'ial designation. The west side of the subject
site is approximately 1 3 00 feet east of Aviation Way and runs parallel with the south side of State
Highway 20126 for approximately one-half mile. The 40 acres requested to be annexed as C-3
abuts the south side of Highway 20126;the 60 acres requested to be arurexed as an M-1 zone abuts
the south side of the eastern portion of the commercial acreage.
Q?-a
Minutes of May 9,2000
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Testimony -
Linda James presented the staff report and Exhibit PZ-1000, Assessor's map with the site outlined.
Speaking in favor: JohnBlaye, Applicant's Representative. Mr. Blaye showed an aerial photograph of the
site but stated that it was not presented as an Exhibit.
No one spoke in opposition.
Public Testimony Closed - Chairman Blacker closed public testimony
Comprehensive Plan Analysis - Motion: Commissioner Archuleta. Second: Conrmissioner Terabery
The Land Use Goal of the Comprehensive Plan Analysis applies. Passed: Unanimous roll call vote.
Findings of Fact - Motion: Commissioner Archuleta. Second: Commissioner Teraberry. Accept the
general facts outlined in the staff report as Findings of Fact and include the following: an aerial pirotograph
was placed before members by the Applicant's representative but was not entered as an exhibit so was Ilot
considered by members to be a support document; the Applicant's representative questioned the right-ol'-
way requested by Gordon Law and asked for clarif,rcation.
Conclusions of Law - Motion: Commissioner Archuleta. Second: Conrmissioner Teraberry. The Plaming
and Zoning Commission has the authority to hear this case and to recommend approval or denial; the
hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances.
Passed: Unanimous roll call vote.
Recommendation to City Council - Motion: Commissioner Teraberry. Second: Conuuissioner
Archuleta. Recommend approval of Case No. ANN-30-00. Passed: Unanimous roil call vote.
Public Hearing Closed -Chairman Blacker closed the public hearing.
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Planning Issues- No plaruring issnes were brought forward.
Adjournment -Chairman Blacker adjourned the meeting at approximately 8:40 p.m.
MINUTES APPROVED BY COMMISSION MEMBERS, AND SIGNED BY CHAIRMAN BLACKER,
AT A REGULARLY SCHEDULED MEETING HELD JUNE 8 , 2000
Jim Blacker
ATTEST
Comn,unity D Director
VII.
VIII.
Minutes of May 9,2000
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BEF'ORE TIIT', PLAIIMNG Ai\D ZOIIING COMNIISSION
CITY OF CALDWELL,IDAHO
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IN THT'MATTER OF THE APPLICATION
OF RALPH SMEED TO AI\IIIEX
APPROXIMATELY 40 ACRES INTO TIIE CITY
AS A C.3 ZONE AI\D APPRO)ilMATELY 60
ACRES AS A}[ M-l ZOIYE
cAsE NO. AI\N-30-00, coURsE or'
PROCEEDINGS, GEIYERAL FACTS,
TESTTMOT{Y, COMPRETmNSTVE
PLAII ANALYSIS, FINIDINGS OF
FACT, CONCLUSTONS OF LAW,
AI\D RECOMMEI\DATION
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COI]RSE OF PROCEEDINGS
The Caldwell Community Development Department issued a notice of public hearing on
application ANN-30-00 to be held on May 9, 2OOO before Planning and Zoning. Public notice
riquirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On April 24,
2000 notice was published in the Idaho-Press Tribune; on April 24,2000 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 2,2000 notice was posted on the site.
t.2 Files and exhibits relative to this application are available for review in the Community
Development Department and were available for review at the hearing.
II GENERAL f,'ACTS
2.1 APPLICANT (S): Ralph Smeed, 1201 South Kimball Avenue, Caldwell, ID 83605
2.2 OWNER (S): Same as Applicant.
REOUEST: To annex approximately 40 acres into the City as a C-3 (Service Commercial) zone
and approximately 60 acres as an M-l (Light Industrial) zone. As a part of the annexation the
Comprihensive Plan Land Use map would be amended from an Agricultural designation to a
Commercial and Industrial Designation, and the designations would be included in the next
available update of the map. Mr. Smeed noted in his narrative (A-2) that the intent of the
annexation of this property is for future development.
LOCATION: The west side of the subject property is approximately 1300 feet east of Aviation
Wuy urrd *s parallel with the south side of State Highway 20/26 for approximately one-half mile.
The 4Q-acres rlquested to be annexed as C-3 abuts the south side of Highway 20126; the 60 acres
requested to be annexed as an M-l zone abuts the south side of the eastern portion of the
commercial acreage.
LEGAL DESCRIPTION: Parcel 1 of the C-3 zone is described as: N % NE % NW %, Section 25,
Township 4 North, Range 3 West of the Boise Meridian, containing 20 acres more or less.
Parcel 2 of the C-3 zone is described as a tract of land consisting of the N1/2 NW % NEli4 of
Section 25, Township 4 North, Range 3 West of the Boise Meridian, save and excepting the
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2.5.1
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following described property: COMMENCING at the northeast corner of the NW % NE % of said
Section 25; thence South along the east boundary of said NW % NE % a distance of 50.00 feet to a
point on the southerly boundary of the righrof-way of U.S. Highway 20126, aid point being the
TRUE POINT OF BEGINNING; thence continuing South along said east boundary a distance of
509.72 feet to a point in the centerline of an existing irrigation lateral; thence traversing said
centerline as follows: North 10o 55' 00" West a distance of 71.20 feet;North 38o 07'00" West a
distance of 140.78 feet; North 29" 57' 00" West a distance of 371.60 feet to a point on said
Highway boundary; thence North 88o 35' 00" East along said Highway boundary a distance of
285.99 feet to the to the TRUE POINT OF BEGINNING, containing 18.4 acres, more or less.
2.5.2 The M-l zone is described as a tract of land consisting of the S % NW %and the SW YqNE%of
Section 25, Township 4 North, Range 3 West of the Boise Meridian, containing 60 acres more or
less.
2.6 NATURAL RESOIIRCES AND HAZARDOUS AREAS: The subject site is not within the
vicinity of the Boise River or Indian Creek. The Solomon Drain bisects a portion of the
southeastem area of the proposed M-l zone.
2.7 LAND USE: The parcel is zoned County Agricultural and is abutted on the east by property that
has received a reconrmendation from the Caldwell Hearing Examiner (ANN-27-00) to be zoned
R-3. The property is bordered on the west by City M-l and the south by City M-l.
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."
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. 1) 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 andZ
outlined in the Comprehensive Plan conflict with each other. Policy I notes that "the
continuation of farming in places with the Impact Area which area awaiting urbanization will be
assisted in any way possible." 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 Community Development Department, as a
part of their goals for the new FY, has been directed to initiate and carryout the process of
amending the Comprehensive Plan Map and Area of City Impact boundaries by removing
Agricultural designations. An amendment to the Impact boundaries has already been approved
by the City Council and County Planning and Zoning Commission, and is scheduled to be heard
by the Board of County Commissioners on May 31, 2000.
AREA OF CITY MPACT: The project site is within the Area of City Impact. Canyon County
Development Services was notified of the annexation request on April 24,2000.
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2.IO PUBLICFACILITIES:
2.10.1 Schools - Caldwell and Vallivue School Districts were notified of the request on April 24,2000
2.10.2 Fire Protection - This is an annexation request only. The Fire Marshal noted that he has no
comments at this time.
2.10.3 Utilities - Water/Sewer - This is an annexation request only. Gordon Law noted in a
memorandum dated May 1, 2000 the following: 1) the Department has no comments concerning
the proposed zoning; 2) the City is in the process of extending water/sewer service to this area;3)
the annexation request is to include the right-of-way of Highway 20126.
2.10.4 hrigation - The site is within the Pioneer Irrigation District. The District was notified of this
annexation request on April 24,2000.
2.11 TRANSPORTATION: The northem portion of the site abuts the south side of Highway 20/26.
2.12 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 property is not within the City's Area of Historic Significance.
2.14 HOUSING: The request is for annexation as aC-3 zone (40 acres) and an M-1 zone (60acres) and
does not include a development request.
2.15 COMMUNITY DESIGN: This is an annexation request.
III TESTIMOI\TY
3.1 Linda James presented the staff report and Exhibit PZ-1000, a copy of an Assessor's map
showing the subject site and other areas along 20126 that have already been annexed, or are
proposed. She also noted that the Comprehensive Plan designation of Agricultural has already
been determined by the Hearing Examiner and City Council to be inappropriate as property to the
east of the subject site that had an Agricultural designation was approved and annexed as an M-l
zone earlier this year.
3.2 John Blaye, Applicant's representative, testified in favor. Mr. Blaye presented an aerial
photograph that included the subject site but stated that it was not being presented as an Exhibit.
Plans are being made to development the site industrially and the intent behind the M-l zoning
designation is to provide more land in the City for industnal development. He also stated that
Gordon Law's request regarding the righrof-way was in error and asked that it be stricken from
the record. (Staffresponded that it was a part ofthe record and could not be stricken).
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell1977 Comprehensive Plan, as amended.4.2 City of Caldwell Zoning Ordinance No. 1451, as amended.4.3 Idaho Code, Chapter 65, Local Planning Act.4.4 Idaho Code, Title 50, Municipal Corporations, Chapter 2, Section 50-222 regarding annexations
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V COMPRBMNSTVE PLAN AIIALYSIS
5.1 The request is in compliance with the Land Use Goal, which reads, "To manage growth by
channeling it into orderly community development and to establish policies that will serve as a
basis for decision making by officials related to the development and appropriate use of land in
Caldwell."
VI F'IIIDINGS OT'f,'ACT
6.1 Accept the general facts outlined in the staff report as Findings of Fact and include the following
facts taken from testimony: an aerial photograph was placed before members by the Applicant's
representative but was not entered as an Exhibit so was not considered by members to be a
support document; the Applicant's representative questioned the right-of-way requested by
Gordon Law and asked for clarification.
VII CONCLUSIONS OF LAW
7.1 The PlanningandZoning Commission has the authority to hear this case and to recommend to the
Mayor and City Council that it is approved or denied; public notice requirements were met and
the hearing was conducted within applicable guidelines of Idaho Code and City ordinances.
\[tr RECOMMEI\DATION TO MAYOR AIID CITY COLiNCIL
8.1 Based on the Findings of Fact and Conclusions of Law, the Hearing Examiner recommends to the
Mayor and City Council that Case No. ANN-30-00, a request by Ralph Smeed to annex
approximately 40 acres into the City as aC-3 zone and approximately 60 acres as an M-l (Light
Industrial) zone is approved.
CASE NO. ANN-30-OO WAS HEARD BY PLANNING AND ZONING COMMISSION MEMBERS
AT A PUBLIC HEARING HELD MAY 9,2OOO,
WRITTEN FINDINGDS OF FACT, CONCLUSIONS OF LAW AND THE RICOMMENDATION
WAS ADMINISTRTVELY APPROVED AND SIGNED BY CHAIRMAN JIM BLACKER ON THE
DATE NOTED BELOW
5'// - oo ATTEST
Jim Date
Community Director
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PUBLIC HEARING COMMENT SHEET
(PLEASE PRINT CLEARLY)
LA4 Swt?.o r^t trr- \NAME
STREET ADDRESS:
CITY/STATEIZIP
l2o I S. Kt m6tlt,\ sf
Ano Ssao
NAME OF CASE BEING HEARD:A"-3".oo -l/):
Check the appropriate line
Appl
ln favor/
Neutral/
wish to speak_
do not wish to speak_
Opposed/
wish to speak
do not wish to speak_
wish to speak v-'l
do not wish to speak_
Written comments may be attached to this form or you may write them in below.
\T 1-
Representative_
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PUBLIC HEARING GOMMENT SHEET
(PLEASE PRINT CLEARLY)
NAME:t_
STREET ADDRESS: &>-( ctt.l:cA--,ra trr,rD .
CITY/STATEIZI \_Jso Etd =3 6a.r
NAME OF CASE BEING H Ast o, Aar$-3r:'oc) 3nt:t o
Check the appropriate line
Applicant or Repres enlative-rzj
ln favor/
wish to speak_r----
do not wish to speak_
Neutral/
wish to speak_
do not wish to speak_
Opposed/
wish to speak_
do not wish to speak_
Written comments may be attached to this form or you may write them in below.
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