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PLANNING AND ZONING
ITEM DATE SUBMITTED BY
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Public Testimony Closed - Mr. Mapp closed public testimony.
Comprehensive PIan Analysis - Mr. Mapp found that the request was applicable to the following Comprehensive
Plan components: Properly Rights - Goal,'Objective B, and Policy 1; School Facilities and Transportation - Goal
and Policy 1; Land Use - Goal; Objective applicable to all Land Uses - Objective C; Area of City Irrpact -
Objective A and Policy 5; Objective applicable to Cormnercial Land Use - Objective A; Public Services, Utilities
and Facilities - Goal, Objective B and Policy 5; and Transportiation - Goal.
Findings of Fact - Accept the general facts outlined in the staffreport as Findings of Fact and include the fact that
the request is in cornpliance wilh applicable Cornprehensive Plan cornponents as outlined in the staffreport.
Conclusions of Law -Mr. Mapp accepted the Conclusions of Law outlined in the staffreport.
Recommendation to City Council - Mr. Mapp recommended approval on Case No. ANN-37-00.
Public Hearing Closed - Mr. Mapp closed the public hearing.
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I.
CAIDWELL PUBLIC I{EARINGS BEFORE HEARING EXA}IINER
MINUTES OF AUGUST 23, 2OOO
Call to Order - Hearing Examiner M. Jerome Mapp opened the meeting for the public hearings at 7:00 p.rn and
outlined the public hearing procedures. City staff in attendance were: Linda James, Community Development
Director, and Joan Holmes, Administrative Secretary.
I Eearings
A. Ivk. Mapp announced that the following cases had been withdrawn from the agenda: Case Nos. SUP-96-
00 and VAR-19-00, a request by Thomas R. Ensley & Associates for approval of a special use permit to
construat anew 26,400 sqwre foot Caldwell Police Departrnent facility.
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B. Case No. ANN-37-00, a request by the City of Caldwell to annex certain parcels more cornmoniy known
as the Tom Scott properties into the City as a C-3 (Service Corrmercial) zore. Tlne legal descriptiou
incorporates the following parcels, as identified on the most recent copy of Canyon County Assessor's
Map of Section 6, Township 3 North, Range 2 West, Boise Meridian: R309i8, R30917-010, R30917-
011, and R30916. The aforementioned parcels begin at the intersection comer of Midway Avenue and
Nanapa/Caldwell Boulevard, and continue southeasterly along the southerly side of the Boulevard.
Parcels R30918, R30917-010 and R309i7-011 front the Boulevard; Parcel R30316 fronts Midway
Avenue.
Testimony -
Linda James presented the staffreport.
No one testified in favor or opposition-
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C.
Testimony-
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Case No. ANN-36'00, a request by Karen Roark to annex approxirrately 2.15 acres into the City as an R-
1 (Single-Family Residential) zone. The property is described as Lots 1 through 3 and 6 through 8, Block
2, Hill-View Place Subdivision, as recorded in the Canyon County Recorder's Office on June 16, 1958 at
Book5,Page41. Thesubjectpropertyliesalongthesouthsideofundevelopedright-of-wayofMorrison
Street and between the east side of Marsing Boulevard and the west side of Emerald Avenue,
approximately 130 feet north of W. Logan Steet. '
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Linda James presented the staffreport.
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Decision on Preliminary Plat and Recommendation on Final Plat to City Council - NIr. Mapp approved the
preliminary plat and recommended approval on final plat to City Council on Case No. SUB-52P/F-00 with the
conditions outlined in the staffreport.
Public Hearing Closed - Mr. Mapp closed the public hearing.
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yII. Planning Issues- There were no planning issues brought forward.
\IIII. Adjournment - Mr. Mapp adjourned the meeting at approximately 10:05 p.rn
MINUTES SIGNED BY HEARING EXAMINER M. JEROME MAPP ON THE DATE NOTED
ATTEST:
Director
Hearing Examiner Minutes of August 23,2000
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BEFORE THT' CALDWELL IIEARING EXAMII\"ER
crTY oF CALDWELL,IDAHO
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IN TIIE MATTER OF'TIIE
APPLICATION OF TIIT', g11Y 6"
CALDWELL F'OR APPROVAL TO
AIIII'EX CERTAIN PARCELS KNOWI\ AS
TOM SCOTT PROPERTIES INTO THT
THE CITY AS A C.3 ZOIYE
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2.4
2.5
CASE NO. ANN-37,00, COIIRSE OT'
PROCEEDINGS, GENIERAL FACTS,
TESTIMONY, APPLICABLE LEGAL
STA|IDARDS, COMPREHT'.NSrVE PLAN
ANALYSIS, F'INDINGS OF FACT,
CoNCLUSTONS OF LAW, AIYD
RECOMMENDATION
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2.2
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2.2
2.2
2.3
I COURSE OF PROCEEDINGS
The Caldwell Community Development Department issued a notice of public hearing on application
ANN-37-00 (Tom Scott properties) to be held before the Caldwell Hearing Examiner on August 23,2000.
Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On
August 8, 2000 notice was published in the Idaho-Press Tribune; on August 4,2000 notice was mailed to
all property owners within 300 feet of the project site and to all political subdivisions providing services
to the City of Caldwell; and, on August 15, 2000 notice was posted on the site.
Files and exhibits relative to this application are available for review in the Community Development
Department, Caldwell City Hall, and were available for review at the hearing.
GENERAL FACTS
APPLICANT (S): City of Caldwell,62l Cleveland Blvd., Caldwell,ID 83605.
OWNER (S): Tom Scott, D.H. and Margaret Moss, 603 l lth Ave N., Nampa, ID 83651.
REQUEST: Approval to annex into the City as a C-3 (Service Commercial) zone, certain parcels more
commonly known as the Tom Scott Properties. A portion of the site is currently zoned County R-2 and
the remained is zoned County C-3. The Caldwell Comprehensive Land Use Map designates all of the
property to be annexed as Commercial.
LOCATION: Beginning at the intersection corner of Midway Avenue and Nampa"/Caldwell Boulevard,
and continuing southeasterly along the southerly side of the Boulevard.
LEGAL DESCRIPTION: A portion of Govemment Lot 6, Section 6, T.3N., R.2W., B.M., Canyon
County Idaho, more particularly described as follows: Commencing at the West one-quarter corner of
Section 6, T.3N., R.2W., B.M. and running S.0"26'26" W.260.47 feet along the Westerly boundary of
said Government Lot 6 to a point on the Northeasterly right of way line of Interstate 84, Business Loop,
(Nampa Caldwell Boulevard), Project NH-F-M-7963 (021), Highway Survey, said point being the TRUE
POINT OF BEGINNING; thence S. 46o15'35" E. 854.80 feet along said Northeasterly right of way line
to a point; thence at right angles 5.43"44'25" W. 90.00 feet to a point on the Southwesterly right of way
line of said Highway Survey; thence S. 43o40'12" W. 448.30 feet along the Southeasterly boundary of the
certain tract of land described by Instrument No. 9610111, records of Canyon County, Idaho, to a point
on the Northerly right of way of the Moses Drain Ditch; thence N. 65o43'15" W.276.97 feet (formerly
described as 277 feet) along said Northerly right of way of the Moses Drain to a point on the Westerly
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OBJECTIVE B: To identiff potential takings of private property prior to a regulatory or administrative
action on specific property.
POLICY l: Require staff to follow the Attomey General's Checklist Criteria outlined in the Idaho
Regulatory Takings Act Guidelines prior to any proposed regulatory or administrative action on specific
property, and to request legal counsel's review if any one of the criteria is answered in the affirmative.
Staff reviewed the five criteria outlined in the Takings Act Guidelines and did not answer yes to any
of the criteria.
5.2 School tr'acilities and Transportation -
GOAL: To provide the on-going opportunity for school representatives of Caldwell and Vallivue School
Districts to participate in the community planning process.
POLICY l: Include the school districts in the review process when considering land-use proposals. At a
minimum, notice of the hearing for each proposal should be provided to the districts and any additional
information that the districts might subsequently request. The Caldwell and Vallivue School Districts
were notified of the request through mailing of the public hearing notification on August 4,2000.
5.3 Economic Development -
GOAL: To continue to work toward providing the residents of Caldwell with adequate levels of all of the
components of economic development, such as housing, business, jobs, schools, recreational
opportunities, infrastructure systems, public utilities and facilities, and public services. Annexation
would provide for these commercial parcels to be connected to the City's public water/sewer
systems. Having these services can provide for expanded commercial development opportunities.
5.4 Land Use -
GOAL: To establish land-use management policies that protect property rights and the environment,
maintain a high quality of life, provide adequate land for all types of development and adequately buffer
non-compatible uses.
OBJECTTVES APPLICABLE TO ALL LAND USES:
OBIECTryE C: To promote growth in areas where public facilities and services are readily available.
Area of City Impact
OBJECTIVE A: To encourage development as a natural outward progression of the City's corporate
boundaries and within areas that can be immediately annexed.
POLICY 5: Encourage growth to occur primarily as a contiguous outward expansion from the City's
corporate boundaries. Discourage "hopscotch" development. The site is contiguous to the City's
corporate boundaries.
OBJECTTVES APPLICABLE TO COMMERCIAL LAND USE:
OBJECTIVE A: To encourage commercial uses in areas that are readily accessible to regional and
principal arterials. Three of the parcels front along the CaldwelL/Nampa Boulevard, which is
classified as a principal arterial.
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5.5 Public Services. Utilities and tr'acilities -
GOAL: To ensure that there are adequate police, fire, emergency services, and public utilities to meet the
needs of the public.
OBJECTIVE B: To provide for the orderly expansion of public services to meet the needs of population
growth.
POLICY 5: Ensure that there are adequate water/sewer systems by planning for short- and long-term
water and sewer expansion projects. The City's public water/sewer systems are available to these
properties.
5.6 Transportation
GOAL: To provide for the efficient, safe, and cost effective movement of people and goods.
FII\DINGS OF T'ACT
6.t Accept the general facts outlined in the staff report as Findings of Fact and include the following facts
stated by the Hearing Examiner: the request is in compliance with applicable Comprehensive Plan
components as outlined in the staff report.
VII CONCLUSIONS OF'LAW
7.1 The Hearing Examiner has the authority to hear this request and to recommend to the Mayor and City
Council that it is approved or denied; the hearing was legally noticed and posted, and was held under the
requirements of Idaho Code and City ordinances.
YIII RECOMMEI\DATION
8.1 Based on the Findings of Fact and Conclusions of Law, the Hearing Examiner hereby recommends to the
Mayor and City Council that Case No. ANN-37-00, a request by the City of Caldwell to annex
approximately 7.80 acres known as the Tom Scott Properties as a C-3 (Service Commercial) zone into the
City is approved.
CASE NO. ANN-37-OO WAS HEARD BY HEARING EXAMINER M. JEROME MAPP AT A PUBLIC
HEARING HELD AUGUST 23,2000.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE RECOMMENDATION WAS
M. JEROME MAP AND SIGNED ON THE DATE NOTED BELOW
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Community De{elo}ment Director
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ATTEST:A)a"*
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2.6 COMPREHENSIVEPLANDESIGNATION: Commercial
2,7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REOUEST:
2.7.1 Propertv Rights: The five checklist criteria set forth by the Attorney General in the "Idaho Regulatory
Takings Act Guidelines" were reviewed by planning staff and none of the criteria was answered in the
affirmative.
2.7.2 School Facilities Transportation: The Caldwell and Vallivue School Districts were notified of the
request through mailing of the public hearing notice on August 4,2000.
2.7.3 Economic Development: If approved, existing developed commercial lots would be brought into the
Caldwell.
2.7.4 Land Use:
Area of City Impact - The site is within the Area of City Impact and Canyon County Development
Services was notified of the request through mailing of the public hearing notice on August 4, 2000.
2.7.5 Public Services. Utilities and Facilities: In a memorandum dated June 23,2000 Gordon Law noted that
the Engineering Department does not oppose the annexation and that the City's sewer and water systems
are capable ofproviding service to the area.
2.7.6 Transportation: Three of the parcels have frontage on CaldwellA.tampa Boulevard, which is a principal
arterial. One of the parcels fronts on Midway.
III TESTIMONY
3.1 Linda James presented the staff report.
IV APPLICABLE LEGAL STANDARDS
4.1
4.2
4.3
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4.5
City of Caldwell Zoning Ordinance No. 1451, as amended
City of Caldwell Comprehensive Plan, as amended
City of Caldwell Subdivision Ordinance No. 1758, as amended
Idaho Code, Title 67, Chapter 65, Local Planning Act
Idaho Code, Title 50, Chapter 2, Section 50-222 Municipal Corporations, regarding annexation
v COMPREHT'.NSIYE PLAII ANALYSIS - The request is applicable to the following Comprehensive
Plan Components:
5.1 Propertv Rishts -
GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate properly rights,
adversely impact property values or create unnecessary technical limitations on the use of the property.
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boundary of said Govemment Lot 6; thence N. 0o26'26" E. 866.43 feet along said Westerly boundary of
Govemment Lot 6 to the Point of Beginning, containing 7.80 acres, more or less. (NOTE: The legal
description includes the full width of the right-of-way of Cleveland/I.[ampa Boulevard that runs the length
of the property frontage)