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PLANNING AND ZONING
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CITY OF' CALDWELL, IDAHO
IN TIIE MATTER OF'THE
APPLICATION OF CRESTLII\E
DEVELOPMENT, LC AIID IIEARTLAND
DEVELOPMENT, LLC FOR APPROVAL
TO AIINEX APPRO)ilMATELY 28 ACRES
INTO TIIT' CITY AS AN R-l ZONE
2.4
cAsE NO. ArlN-39-00, COURSE OF'
PROCEEDINGS, GENERAL tr'ACTS,
TE STIMOI\IY, APPLICABLE LEGAL
STAI\DARDS, COMPREHTNSIVE PLAI\
ANALYSTS, tr',nlDrNGS OF FACT,
CoNCLUSTONS OF LAW, AI\ID
RECOMMEI\DATION
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I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Deparlment issued a notice of public hearing on application
ANN-39-00 (Crestline Development and Heartland Development) to be held before the Caldwell Hearing
Examiner on September 12,2000. Public notice requirements set forth in Idaho Code, Chapter 65, Local
Planning Act, were met. On August 28,2000 notice was published in the Idaho-Press Tribune; on August
25,2000 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 September 5, 2000 notice was posted on
the site.
t.2 Files and exhibits relative to this application are available for review in the Community Development
Deparlment, Caldwell City Hall, and were available for review at the hearing.
U GENERAL FACTS
2.t APPLICANT (S): Crestline Development, LC and Heartland Development, LLC,228 E. Plaza, PMB
207,Eagle,ID. 83616
2.2 OWNER (S): ka E. Vassar, Jr., 4815 Marble Front Road, Caldwell, ID 83605. As owner of the subject
property, ka Vassar signed a "consent to annex" form on August 2l,2000.
2.3 REOUEST: Approval to annex approximately 28 acres into the City as an R-1 (Single-Family
Residential) zone. The property is currently zoned County Ag; as a part of the annexation request, the
Comprehensive Land Use Plan Map would be amended to include this area and to designate it as an R-1.
The amendment would be included in the next available update of the Plan Map. No development plans
are included in the annexation request. This parcel is adjacent to the north side of a 129-acre parcel of
land that was annexed into the City as an R-l zone in August,2000 (Case No. ANN-35-00).
2.3.1 The Applicants' narrative noted that the property's southern boundary is contiguous to the City and is
located within the Area of City Impact and the Urban Renewal Area. The requested zoning as R-l is a
continuation of R-l zoning.
LOCATION: On the east side of KCID Road, approximately one-half mile north of the intersection of
KCID Road and Highway 20126.
LEGAL DESCRIPTION: A portion of Govemment Lot 2 and a portion of the SE % NW % of Section
19, Township 4 North, Range 2 West, Boise Meridian, Caldwell, Canyon County Idaho, more particularly
described as follows: BEGINNING at the SW corner of said Government Lot 2, (West % corner) said
corner monumented with a 1 inch diameter iron pipe; Thence N. 0o 39' 31" E., a distance of 849.17 feet
along the westerly boundary of said GovemmentLot2 to a point; Thence S. 89" 45' 21" E., a distance of
1274.44 feet parallel with the southerly boundary of said Government Lot 2 to a point on the easterly
boundary of said GovernmentLot2; Thence S. 0o 28' 24" W., a distance of 188.39 feet along the easterly
boundary of said Government Lot 2 to the NW corner of the S % SE % NW %, as shown on Record of
Survey Instrument Number 943395 in the Office of the Recorder of Canyon County, Idaho; Thence S.
2.5
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89o 45, 4l-l.,-.,u Uril"" of 112.91 feet, (formerly 111.43 f""tfi*g thenortherlyboundary of said S %
SE % NW lrto apoint on the centerline of Noble Drain, said point witnessed S. 89o 45' 4I" E., a distance
of 2 I . 10 feet with a y, i11ch diameter iron pin; Thence along the centerline of said Noble Drain, S. I 8o 2 1 '
04' 8., a distance of 697 .65 feet, (forme riy 697 .65 feet), to a point on the southerly boundary of said S %
SE % I.IW t/e, saidpoint witnessed S. 89" 46' 5 1" E., a distance of 2l .06 feet with a Yz inch diameter iron
pin; Thence leaving the centerline of said Noble Drain and along the southerly boundary of said S % SE
% NW %, N. 89o 46' 51" W., a distance of 338.02 feet (formerly 338.02 feet), to the SE comer of said
GovernmentLot2, (Center West 1/16 corner), said point monumented with a 5/8 inch diameter iron pin;
Thence N. 89o 45' 20" W., a distance of 1277.19 feet along the southerly boundary of said Govemment
Lot}to the POINT OF BEGINNING, containing}8.3ll acres more or less.
CoMPREHENSTVE PLAN DESIGNATION: The property was recently incorporated into the expanded
ar"u of City Impact bo,rrduri"s and does not liul " u designation placed on it _by the City' The
Comprehensirre Pian Update Committee has been regrouped to work on updating the Comprehensive Plan
Land Use Map. It has been informally discussea Uy Council members and Planning and Zoning
Commission members that property that abuts Highway 20126 should be designated as commerciaVlight
industrial, with an outward irogr"rrion for residential (in areas that are not in the Airport glide pathiflight
path).
2.6
2.7
2.7.1 prope4v Rights: The five checklist criteria set forth by the Attorney General in the "Idaho Regulatory
-utingi Act Guidelines" were reviewed by planning staff and none of the criteria was answered in the
affirmative.
2.7.2 School Facilities and Transportation: The Caldwell and Vallivue School Districts were notified of the
request through mailing of the public hearing notice on August 25,2000.
21 .3 Economic Development: If approved, there will be opportunities for new housing starts.
2.7.4 Land Use:
Area of City Impact - The site is currently zoned County Agricultural and is within the Area of City
Impact. Canyon bo,rrty Development Services was notified of the request through mailing of the public
hearing notice on August 25,2000.
2.7.5 public Services" Utilities and Facilities: As noted under Section 2.3 of this report, this is parcel is
uaiu..rrt to tttnorth side of a 129-acre parcel that was annexed into the City in August as an R-l zone'
The subject parcel will also be served by the City's public water/sewer systems.
2.7.6 Transportation: The subject property fronts along KCID Road, which is classified as a collector' KCID
Road in turn interconnects with Highway 20126,*ti"t is classified as a principal arterial. Atthe time of
annexing the surrounding propertylcasl No. ANN-35-00) Gordon Law noted that this area does not lie
within the lowlevel glide path at eiiher end of the runway and aircraft elevations should be high enough
during fly-in fly-out iotations to attenuate noise effects. He also suggested that avigation easements or
deed reshictions may be necessary and he invites developers to offer their input on ways and means of
protecting the Airport from noise complaints.
III TESTIMOIYY
Linda James presented the staff report and identified the site on the City's zoning map. She read Exhibit
pA-l; a memorandum from Gordon Law dated September 8, 2000 into the record' Mr. Law indicated
that the Engineering Department does not oppose the annexation but suggested that avigation easements
or restrictive deeds might be appropriate in order to limit resident's ability to challenge existing and
planned uses at the Airport.
3.1
3.2 Rita Earl, eppfi.urr?representative, testified and stated ttut.nQu member of City Council but will not
be taken part in the hearing that will be held before the Council. Mrs. Earl stated the following: this
annexation is a continuation of a large project; the developer has met with City staff on numerous
occasions to discuss the master plan for this area; regarding the Airport, the City does not have an Airport
Overlay that would set forth specific perimeters but they will be working with Mr. Law on the overlay; a
traffic study has been undertaken, at the expense of the developer, for a broad area along the Highway
20/26 conidor.
3.3 Bill Mason, Applicant's engineer, signed up in favor but did not speak.
IV APPLICABLE LEGAL STAI\IDARDS
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City of CaldwellZoningOrdinance 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 COMPRETTFNSIVE PLAN ANALYSIS - The request is applicable to the following Comprehensive
Plan Components:
5.1 Property Rishts -
GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property rights,
adversely impact property values or create unnecessary technical limitations on the use of the properfy.
OBJECTTVE B: To identifu potential takings of private property prior to a regulatory or administrative
action on specific property.
POLICY 1: Require staff to follow the Attorney 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 Valliwe School
Districts to participate in the community planning process.
POLICY 1: 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 25r2000.
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 opportunities for new housing starts that will be served by public water/sewer
systems.
5.4 Land Use -
GOAL: fo "rtutftland-use management policies tf,ut p.ot?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:
OBJECTIVE 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.
5.5 Public Services. Utilities and Facilities -
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 will be available to this
property.
5.6 Transportation
GOAL: To provide for the efficient, safe, and cost effective movement of people and goods. The
property fronts KCID Road, which is classified as a collector.
POLICY 2: Consider the Airport Master plan when reviewing development proposals within the airport
overlay of the Caldwell Industrial Airport. Gordon Law, City Engineer, offered comments regarding
the Airport in a memorandum dated June 23, 2000 that the area does not lie within the lowJevel
glide path at either end of the runway of the Airport.
POLICY 8: Include Canyon County Highway District fF4 in the review process for new developments
when proposals are within the District's jurisdiction. Canyon Highway District #4 was notified of the
annexation request on August 25,2000.
VI FII\DINGS OF F'ACT
6.1 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 the Comprehensive Plan components
set forth in the staff report; the City's Engineering Department noted in Exhibit PA-l that it has no
objection to the annexation; the annexation is a continuation of current R-l zoning and is adjacent to the
City's boundaries.
VII
7.t
CONCLUSIONS OF'LAW
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.
vrr RECoMME*rnt,*o
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-39-00, a request by Crestline Development, LC and
Heartland Development, LLC to annex approximately 28 acres into the City of Caldwell as an R-l
(Single-Family Residential) zone) zone, is approved.
CASE NO. ANN-39-OO WAS HEARD BY CALDWELL HEARING EXAMINER LEE DILLION AT A
PUBLIC HEARING HELD SEPTEMBER 12,2000.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE RECOMMENDATION WAS
APPROVED AND SIGNED BY LEE DILLION ON THE DATE NOTED BELOW.
Hearing Examiner {#L"a ATTEST:
Community Director
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NAME:'tur1/)
PUBLIC HEARING COMMENT SHEET
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