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PLANINI-ING AND ZOMNG
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Order of Decision -Case No. SUP-I1(,4')-97, a request to amend Condition No. 8 of the Order of Decisiou
approved by City Council on August 26, 1997 is approved and all other conditions outlined in the August 26, 1997
order shall remain as stated.
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Case No. SLIB-34(l&2)F-99 (Southern Heights Subdivision), a request by K & L Development, LLC for
final plat approval of Unit I and 2, consisting of 97 residential and 2 common-area lots located on
approximately 20 acres in an R-l zone. The site abuts the north side of Homedale Road and the west side
of Indiana Avenue.
Testimony -
Linda James presented the staff report and outlined the facts in the report. She also presented the following
Exhibit PA-4, Exhibit A-6, and Exhibit A-7.
Rita Earl, Applicant's Representative, testified in favor.
No one testified in opposition.
Public Testimony Closed - Mr. Mapp closed public testimony.
Findings of Fact- Mr. Mapp accepted the general facts outlined in the staff report as Findings of Fact and
included the following fiom testimony: The He aring Examiner stated that he did not believe it was the intent of the
City Council to place a fencing condition on this subdivision that would essentially cage each individual lot and
the Applicant is requesting removal of Condition No. 12.10 regarding fencing the parameter of each lot; the
estimate of costs for construction completion should be greatly reduced by the time the recommendation goes to
Council; the City Engineer agreed to allow Phases I and II to corurect to the City's potable water system until the
irrigation water season ends in October of this year; the developer will connect its ir:rigation system to Pioneer
before the next irrigation season; the Applicant submitted a copy of the proposed CC&Rs and has agreed ro
change them as necessary to comply with the City's ordinances.
Conclusions of Law- Mr. Mapp accepted the Conclusions of Law outlined in the staff report.
Recommendation to City Council -Case No. SUB-34(1&2)F-99 is recommended for approval with the
recommendation that the fencing requirement to totally enclose each lot is removed.
Public Hearing Closed - Mr. Mapp closed the public hearing.
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Case No. ANN-31-00, a request by Jan M. Vinson to annex approximately 48 acres into the City as an M-
I (Light-Industrial) zone. The 48 acres is legally described as a part of the NE % of Section 36, Township
4 North, Range 3 W.B.M and is located at the southwest comer of the intersection of Linden Street and
KCID Road.
Testimony -
Linda James presented the staff report and Exhibit HE-1000, an assessor's map with the site outlined.
Testifying in favor: Herb Rettig, Applicant's Representative and John Blaye, Applicant's Representative. Mr.
Blaye presented Bxhibit HE-1001, an aerial map of the area.
No one testified in opposition.
Public Testimony Closed - Mr. Mapp closed public testimony,
Comprehensive Plan Analysis - Mr, Mapp found that the request is in compliance with the following
C.
D.
Hearrng Examiner Minutes of May 25,2OOO ?rq
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Comprehensive Plan components: Industrial - Policies l, 2, 3, and 7; Airport - Policy 2.
Findings of Fact- Mr. Mapp accepted the general facts outlined in the staff report as Findings of Fact and
included the following facts taken {lomtestimony: Exhibit HE-1000 showing the site, and Exhibit HE-1001' an
aerial photograph weie presented; the Applicant is willing to consider moving the existing homes lather than
tearing them down; sewer and water are in close proximrty to the site.
Conclusions of Law- Mr. Mapp accepted the Conclusions of Law outlined in the staff report.
Recommendation to City Council-Case No. ANN-3 1-00 is recommended for approval, with a recommendation
that the Applicant is encouraged by the City to move the existing homes and not tear them down.
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Commercial Park Subdivision-#2, which is a replat of Lot 4, Block l, Caldwell Conrmercial Park
Subdivision. The site abuts the west side of Aviation Way approximately 1161 feet south of the
southwest corner of the intersection of State Highway 20126 ard Aviation Way'
Testimony -
Linda James presented the staff report and Extubit HE-1000, a revised plat.
Reed Taylor, Applicant, testified in favor.
No one testified in opposition.
Public Testimony Closed - Mr. Mapp closed public testimony.
Findings of Fact - Mr. Mapp accepted the facts outlined in the staff report as Findings of Fact and included the
following from testimony: f-xtriUit Hf-tO0O, a copy of the revised plat; the City Engineer removed the pressurized
irrigation requirement from the list of improvements to the site; the Applicant stated that he understands the
procedures that have to be followed before the final plat can be recorded.
Conclusions of Law - Mr. Mapp accepted the Conclusions of Law outlined in the staff report.
Decision- Approve the preliminary plat for Case No. SUB-49P/F-00 and recommend approval on final plat
without the requirement of pressurized irrigation, and with the condition that a financial guarantee is provided in
accordance with the subdivision ordiaance prior to recordation of the final plat unless all of the requirements
placed on the plat by the City Engineer have been satisfied.
Public Hearing Closed - Mr. Mapp closed the public hearing.
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dwelling structures on one lot for a total of 4-dwelling units. The lot is located in a C-2 (Community
Commercial) zone and is more commonly known as 1018 Albany Street.
Testimony -
Linda James presented the staff reporl.
Robert Hwtt, Applicant, testified in favor and stated the following: there is a tri-plex on the properfy as well as the
vacant structure he wants to rent; there is gas, water, and elechicity to the structure; the unit was empty when he
purchased the property last year but it had been rented; and he wants to totally remodel the structure.
No one testified in opposition.
Public Testimony Closed - Mr. Mapp closed public testimony.
Hearing Examiner Minutes of May 25,2000
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Comprehensive Plan Analysis - Mr. Mapp found that none of the Comprehensive Plan iomponents applied.
Findings of Fact - Mr. Mapp accepted the facts outlined in the staff report as Findings of Fact and included the
Hearing Examiner's following conments: the request does not comply with requirernents of Section 10-03-07,
Plarured Unit Developments, Subsections 7,2,4,8 and 9; it does not conform to the City of Notus's proposed
defrnition of a Planned Unit Development; the Applicant can research the status of the structure and provide proof
to the City that it is a grandfathered non-conforming use, which would entitle it to be rented for dwelling purposes;
the Applicant could file an appeal to City Council.
Conclusions of Law - Mr. Mapp accepted the Conclusions of Law outlined in the staff report.
Order of Decision -Case No. SUP-84-00 is denied. The Applicant has the right to appeal the decision to City
Council or to provide proof that the structure was rented for dwelling purposes within the last two years.
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G. Case No. SUP-83-00, Don and Cheryl Lane, was withdrawn by the Applicant's prior to the hearing.
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H.Case No. SUP-85-00, a request by Matterhorn Ice Creanl Inc., for a special use permit to place a
sectional manufacfured home on a peflnanent foundation at the business site for use as an office.
Matterhorn Ice Crearq Inc., is located in an M-1 (Light Industrial) zone and is more commonly known as
115 E. Plymouth Street.
Testimony -
Linda James presented the staff report.
Todd Wilson, Applicant, testified in favor
No one testified in opposition.
Public Testimony Closed - Mr. Mapp closed public testimony.
Comprehensive Plan Analysis - Mr. Mapp found that the request is in compliance with the following
Comprehensive Plan components: Industrial - Policies 2 and3.
Findings of Fact - Mr. Mapp accepted the facts outlined in the staff repofi as Findings of Fact and included the
following facts taken from testimony; the Applicant does not intend to remove any trees; landscaping will be
installed around the new office; all conditions placed on the building permit will be met by the Applicant.
Conclusions of Law - Mr. Mapp accepted the Conclusions of Law outlined in the staff report.
Order of Decision -Case No. SUP-85-00 is approved with the standard conditions outlined in the statf report and
include the following conditions: the office shall be placed on a permanent foundation and declared real properfy
and landscaping will be installed around the office; the landscaping plan will be submrtted at the time of applying
for a building permrt and shall be approved by the Community Development Director.
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VII. Planning Issues- There were no planning issues brought forward.
VI[. Adjournment - Mr. Mapp adjourned the meeting at approximately 8:50 p.m.
MINUTES
A ST:
Mapp
SIGNED BY HEARING EXAMINER M. JEROME MAPP ON THE DATE NOTED
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Heariag Examiner Minutes of May 25,2000
Community Director
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BEFORE THE CALDWELL HEARING EXAMII\-ER
CITY OF CALDWELL,IDAHO
IN TIIE MATTER OF TIIE APPLICATION
OF'JAN M. VINSON TO ANN"EX
APPROXIMATELY 48 ACRES INTO TIIE CITY
AS AIt M.l ZOIYE
CASE NO. ANN-31-00, COURSE OF
PROCEEDINGS, GENERAL F'ACTS,
TESTIMOI\'Y, APPLICABLE LEGAL
STANDARDS, COMPREIIENSIVE
PLAII ANALYSIS, FTNDTNGS OF
FACT, CONCLUSIONS OF LAW,
AND RECOMMENDATION
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I COURSE OF'PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of public hearing on
application ANN-31-00 to be held on May 25, 2000 before the Caldwell Hearing Examiner.
Public notice requirements set forth in Idaho Code, Chapter 65,Local Planning Act, were met. On
May 10, 2000 notice was published in the Idaho-Press Tribune; on May 5, 2000 notice was mailed
to all property owrrers within 300 feet of the project site and to all political subdivisions providing
services to the City; and, on May 18, 2000 notice was posted on the site.
1.2 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 T'ACTS
2.1 APPLICANT (S): Jan M. Vinson,2910 S. KCID Road, Caldwell, ID 83605
2.2 OWNER (S): Same as Applicant.
REOUEST: To annex approximately 48 acres into the City as an M-l (Light Industrial) zone.
Mrs. Vinson noted in her narrative that the intent of the annexation of this properly is for future
development.
LOCATION: The 48 acres is made up of one parcel (20 acres) known as 5104 Linden; one parcel
(16.27 acres) known as 4912 Linden; one parcel (5.5 acres) known as 4814 Linden; and one parcel
(6.6 acres) known as 2910 KCID Road.
LEGAL DESCRIPTION: The aforementioned four parcels have been combined into one legal
description, as follows. A part of the NE % of Section 36, Township 4 North, Range 3 West, Boise
Meridian, Canyon County, Idaho, more particularly described as follows: BEGINNING at the NE
comer of said NE %, (Section corner corlmon to sections 25,30,31 and 36) said corner
monumented with a 3 inch diameter brass disk; Thence S. 88" 58' 31" W., a distance of 2646.42
feet along the northerly boundary of said NE % and along the centerline of Linden Road to the
NWcomerof saidNE %, (North Yocorner), saidcornermonumentedwitha3 inchdiameterbrass
disk; Thence S.0o07'00"E., adistanceof 25.00 feetalongthewesterlyboundaryof saidNE %to
a point on the southerly right of way of said Linden Road; Thence N. 88'58' 31" 8., a distance of
648.65 feet along the southerly right of way of said Linden Road and parallel with the northerly
boundary of aid NE % to a found 5/8inch diameter iron pin; Thence leaving said southerly right of
way, S. 44" 54' 48" E., a distance of 2837 .10 feet to a point on the easterly boundary of said NE %,
said point monumented with a found 5/8 inch diameter iron pin; Thence N. 0o 09' 28" W., a
distance of 2069.91 feet along the easterly boundary of said NE % to the POINT OF
BEGINNING. This parcel contains 48.046 acres more or less.
2.3
2.4
2.5
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2.6 NATURAL RESOURCES AND HAZARDOUS AREAS: The subject site is not within the
vicinity of the Boise River or lndian Creek; however, the Canyon Hill Drain bisects the 48-acre
site.
2.7 LAND USE: The parcel is zoned County M-1 and is abutted on the northeast corner of the
intersection of Linden and KCID by County M-1, and it appears that the southeast comer of this
intersection is also zoned County M-1. On the southwest of the site is City M-l and on the north
is County Ag.
2.8 COMPREHENSIVEPLANDESIGNATION: Industrial
2.8.1 The Comprehensive Plan Map does not specify classes of Industrial, i.e., Industrial Park, Light
Industrial, or Heavy Industrial. The Applicant is requesting annexation as an M-1 zone. The
definition of Light Industrial in the Comprehensive Plan is "suitable for less intense
manufacturing, assembly and warehousing which are not associated with excessive noise, dust,
odor, vibration or smoke. Rail access, open storage, loading and truck traffic would be
characteristic of such areas. May also be appropriate for limited commercial activities involving
large areas for storage or display and limited residential uses such as mobile home parks."
2.8.2 The Zoning Ordinance (Section 10-01-03, Zoning Districts Purpose Statement, Subsection I)
notes the following: The purpose of the M-l (Light Industrial) Zone is to provide areas by
zoningprocedures and in accordance with the Comprehensive Plan which encourage the grouping
together of light industrial uses capable of being operated under such standards as to location,
appearance of buildings and the treatment of land about them so that they will be unobtrusive and
not detrimental to surrounding commercial or residential uses.
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 May 5, 2000.
2.IO PUBLICFACILITIES:
2.10.1 Schools - Caldwell and Vallivue School Districts were notified of the request on May 5,2000
2.10.2 Fire Protection - This is an annexation request only.
2.10.3 Utilities - Water/Sewer - This is an annexation request only. Gordon Law noted in a
memorandum dated May 10, 2000, that the Engineering Department does not oppose the
annexation but that the area is not presently served by either City sewer or water; however lines
are being extended in the near future to within l/8 mile of the property.
2.10.4 [rigation - The site is within the Pioneer krigation District. The District was notified of this
annexation request on May 5, 2000.
2.11 TRANSPORTATION: The site fronts on both Linden Street and KCID Road. Gordon Law noted
in his memorandum that the proposed annexation lies within areas designated for purchase by the
Caldwell Industrial Airport and invites the Applicant to contact the Department for further
information on the Airport Master Plan.
2.I2 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.
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2.14 HOUSING: The request is for annexation as an M-l zone and does not include a development
request.
2.15 COMMLTNTTY DESIGN: This is an annexation request.
III TESTIMOI\ry
3.1 Linda James presented the staff report and Exhibit HE-1000, a copy of an Assessor's map
showing the location of the site.
3.2 Herbert Rettig, Applicant,legal counsel, testified in favor and reiterated the facts in the staff
report. He also noted that this was a unique location for industrial uses because the Caldwell
Industrial Airport is immediately to the south and west of the proposed annexation. Annexation
of this prop"rty will create jobs and increase the tax base of the City; sewer and water is available
approximately one-eighth mile from the subject site. In response to a question from the Hearing
Examiner, Mr. Rettig stated that there are four houses in different places on the subject site; they
are currently rentals and there are no immediate plans to remove them; housing would have to
give way to industrial uses; the Applicant would be willing to consider moving them to other
locations rather than tearing them down.
John Blaye, representing Caldwell Economic Development Corporation, testified in favor and
submitted Exhibit HE-1001, a copy of an aerial photograph showing the location of the property
and the Airport. He stated the following: the CEDC supports the annexation as Light Industrial
because it could be developed as an industrial park; possibly 100 to 500 jobs could be created; the
existing homes are less than 1000 square feet and the Applicant would try to move them and not
destroy them; the site is approximately 2600 feet from the Ustick interchange.
IV APPLICABLE LEGAL STANDARDS
3.3
4.1
4.2
4.3
4.4
City of Caldwell1977 Comprehensive Plan, as amended.
City of Caldwell Zoning Ordinance No. 1451, as amended.
Idaho Code, Chapter 65,Local Planning Act.
Idaho Code, Title 50, Municipal Corporations, Chapter 2, Section 50-222 regarding annexations
V COMPREHENSIVE PLA,N ANALYSIS
5.1 The request is in compliance with the Comprehensive Plan's Industrial Category - Policies l, 2,
3, and 7; and the Airport Component - Policy 2.
VI T'II\DINGS OF FACT
6.1 Accept the general facts outlined in the staff report as Findings of Fact and include the following
facts taken from testimony: Exhibit HE-1000 showing the site, and Exhibit HE-1001, an aerial
photograph were presented; the Applicant is willing to consider moving the existing homes rather
than tearing them down; sewer and water are in close proximity to the site.
VtI CONCLUSIONS OF'LAW
The Hearing Examiner 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 the guidelines of applicable Idaho Code and City ordinances.
7.1
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VIU RECOMMENDATION TO MAYOR AND CITY COUNCIL
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-31-00, a request by Jan M. Vinson to annex
approximately 48 acres into the City as an M-l (Light Industrial) zone is approved with the
recommendation that the Applicant is encouraged by the City to move the existing homes and not
to tear them down.
CASE NO. ANN-3I-OO WAS HEARD BY CALDWELL HEARTNG EXAMINER M. JEROME MAPP
AT A PUBLIC HEARING HELD MAY 25,2000.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE RECOMMENDATION WAS
ADMIMSTRATTVELY APPROVED AND SIGNED BY HEARING EXAMINER M. JEROME MAPP
ON NOTED BELOW
ATTEST:
Community Director
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PUBLIC HEARING COMMENT SHEET
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Written comments may be attached to this form or you may write them in below
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o I l-trt'31'oD
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Written comments may be attached to this form or you may write them in below.
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Coldwell Economic Developmenl Council
John Bloye
President/CEO
P.O. Box I 177
621 Clevelond Blvd.
Coldwell. ldoho 83606-l 177
(208)
FAX (208)
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459-81 I 5
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CALDWELL
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