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PLANNING AND ZONING
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Gatdwetl Ptanning and Zoning Gommission
MINUTES
October 17,2002
Catl to Order - Chairman Archuleta called the meeting to order at 7:00 p'm'
Roll Gall -
Members present: Ghairman Janie Archuleta, sylvia Robison, Jack
Teraberry, Joyce Griffith, and PaulAlldredge.
Absent: Mike Jakobson
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staff Present: steve Hasson, Debbie Geyer, Corrine Ghild and Ben
Weymouth
Review of Proceedings - Chairman Archuleta reviewed the procedures for
public hearing.
poll Members for Conflict of lnterest - Chairman Archuleta polled members
for conflicts of interest. commissioner Alldredge stated that he had a conflict
of interestwith Case. No. SUP-173-02- Boone Memorial Presbyterian
Church.
New Business - Hearings
A. Case No. SUP-173-02, a request by Boone Memorial Presbyterian
Church to operate a children;s daycare center within an existing church
located in an R-2 (Medium Density Residential) zone. The church is
located at5 406 S. 14th Avenue.
Steve Hasson, Community Development Director, presented the staff report
and ExhibitPZ-1000 (Letterfrom neighbor, Mrs. S' Huffman)
Tom Ensley, Applicant, testified in favor of the application'
Beverly Montgomery testified in favor of the application'
Public Testimony CIosed - Chairman Archuleta closed public testimony'
NOTE: See Order of Decision for complete testimony or contact community
Development Department for audio tapes of the hearing'
Comprehensive Plan Analysis - MOTION: Commissioner Robison'
SECOND: Commissioner TLraberry. The request was applicable to the
following Comprehensive Plan components set forth in the staff report:
Frop"rti Rights - Goal, objective B and Policy 1; School Facilities and
fransp6rtattn - Goal and i,olicy 1; Economic Development - Goal; Land
Use -Goal; objectives Applicable To All Land Uses - A and c; Natural
Resources - Objectives A, C and Policy 1; Public Seryices, Utilities ando
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conctusions of Law - MoTloN: commissioner Griffith. SECOND:
Commissioner Alldredge. The commission accepted the conclusions of law
as stated in the staff report. Passed: unanimous roll call vote.
Recommendation on Case No. ANN-75-02- MOTION: Commissioner
Griffith. SECOND: Commissioner Teraberry. The Commission
recommended approval of ANN-75-02 with conditions outlined in the staff
report. Passed: Unanimous roll callvote.
Findings of Fact on SUP-17 5-02 - MOTION: Commissioner Alldredge.
SECOND: Commissioner Robison. Accept the general facts outlined in the
staff report and facts brought forward during public testimony. Passed:
Unanimous roll call vote.
Gonctusions of Law on SUP-175-02 - MOTION: Commissioner Robison.
sECOND: Commissioner Terberrry. The commission accepted the
conclusions of law as stated in the staff report. Passed: Unanimous
Order of Decision on SUP-175-02 - MOTION: Commissioner Alldredge.
SECOND: Commissioner Robison. The Commission accepted SUP-175-02
with conditions outlined in the staff report. PASSED: Unanimous roll call
vote..
Public Hearing Closed - Chairman Archuleta closed the hearing
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Planning & Zoning Commission
Minutes - October 17,2002
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Planning lssues:
A. Next meeting date was announced for November 21,2002.
Adjournment - Chairman Robison adjourned the meeting at approximately
10:00 p.m.
MINUTES APPROVED AND SIGNED BY CHAIRMAN ARCHULETA AT A
REGUIARLY SCHEDULED MEETING:
2ry
, Janie Archuleta Date
Development Director
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o .ASE No. ANN-,#, * suP 175-02
FARWELL AUTO BODY ANNEXATION
AND SALVAGE YARD SPECIAL USE PERMIT
BEFORE THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL, IDAHO
ocToBER 17,2002
IN THE MATTER OF THE APPLICATION OF THE CITY OF GALDWELL TO REANNEX
APPROXIMATELY 19.93 ACRES |NTO THE CITY AS AN M-1 (LtcHT TNDUSTRTAL ZONE) AND FOR A
SPECIAL USE PERMIT TO ALLOW AN AUTO WRECKING/SALVAGE/REPAIR YARD AT THE SITE
TABLE OF GONTENTS:I. COURSE OF PROCEEDINGS,I!. GENERAL FACTS,III. TESTIMONY,IV. APPLICABLE LEGAL ANALYSIS,V. COMPREHENSIVE PLAN ANALYSIS,VI. FINDINGS OF FACT ON CASE NO. ANN. 75.02VII. CONCLUSION'S OF LAW ON CASE NO. ANN.75.02UII REGOMMENDATION ON CASE NO. ANN.75-02IX FINDING OF FACT ON CASE NO. SUP-175.02X CONCLUSION'S OF LAW ON CASE NO. SUP-175-02X ORDER OF DEGISION ON CASE NO. SUP.175.02
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application
ANN-75-02 AND SUP-175-02 to be held before the Caldwell Planning and Zoning Commission on
October 17, 2002. Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning
Act, were met. On September 24, 2002 notice was published in the ldaho-Press Tribune; on
September 27, 2002 notice was mailed to all property owners within 300 feet of the project site and
to all political subdivisions providing services to the site; and, on October 10, 2002 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 will be available for review at all public hearings.
GENERAL FACTSI
2.1
2.2
2.3.1
APPLICANT (S): City of Caldwell, 621 Cleveland Boulevard, P.O. Box 1 177 Caldwell, ldaho 83605
OWNER (S): Wayne and Paul Fanryell - 5411 East Cleveland Boulevard, Caldwell, ldaho 83605
REQUEST: The City is requesting to re-annex approximately 19.93 acres of land (parcels R32447
and R32446) located along Cleveland Boulevard into the City of Caldwell as an M-1 (Light lndustrial)
zone. The site is contigious to the City and located in the City's impact area. The business operation
is used primarily for auto salvage purpose. A salvage or wrecking yard is permitted in the M-1 zone
through a special use permit. Accordingly, this request is not only to re-annex the land but also for
purpose of acquiring a special use permit to continue this business enterprise in the City as a
conforming use.
This is a City lnitiated annexation that is proceeding according to the rules and procedures for
municipal annexations as approved by the 2001 ldaho State legislature. The annexation procedure
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".f;,nn to the legistative provisions S"ais being pursued out for property falling into
annexation category "A".
The provisions associated with a Category "A" annexation are as follows:
Gategory A Classification: Annexations wherein all private landowners raise no objection to
annexation, or annexations of any residential enclaved lands of less than one hundred (100)
privately owned parcels, irrespective of surface area, which are surrounded on all sides by land
within Caldwell or which are bounded on all sides by lands within the City's limits and by lands for
which owner approval must be given, or which are bounded on all sides by lands within Caldwell and
by the boundary of the City's area of city impact.
Procedures for Category 'A' Annexations: Lands lying contiguous or adjacent to the Caldwell
City limits may be annexed by the City if the proposed annexation meets the requirements of
Category 'A'. Upon determining that a proposed annexation meets such requirements, Caldwell
may initiate the planning and zoning procedures and public hearing process, to establish the
comprehensive planning policies, where necessary, and zoning classification of the lands to be
annexed.
Evidence of Gonsent to Annexation: Prior consent to annex shall be deemed given when
evidenced by written authorization or approval executed by the owner or the owner's authorized
agent. Consent shall be implied for the area of all lands connected to a water or wastewater
collection system operated by Caldwell and for lands subject to a written consent to annex recorded
in the Canyon County Recorder's office. Written consent to annex lands, if recorded in the Canyon
County Recorder's office, shall be binding upon subsequent purchasers, heirs, or assigns of lands
addressed in the consent. Lands need not be contiguous or adjacent to Caldwell City limits at the
time the landowner consents to annexation for the property to be subject to a valid consent to annex;
provided however, no annexation of lands shall occur, irrespective of consent, until such land
becomes contiguous or adjacent to Caldwell.
BACKGROUND: This land use application is for the reannexation of a parcel of land that was
deannexed from Caldwell in 1996. The land parcel had initially been annexed into the City of
Caldwell on February 5, 1996 as part of the Cleveland Boulevard Annexation - Ustick to Midway.
Later that year, at the request of the landowner, it was deannexed. At the time the property was
deannexed the property owner's, Wayne and Paul Farwell, entered into an agreement with the City,
known as aqreement for voluntarv petition to annex to the Citv of Caldwell. ldaho. The agreement
provides that after the lapse of five years (from 1996) the City has the option to rely upon the
agreement as a petition for annexation into the City. The City has determined to initiate an
annexation on that basis.
LOCATION: 5411E. Cleveland Boulevard Caldwell, ldaho 83605
LEGAL DESCRIPTION: A parcel of land lying in the Northeast Quarter, Section 1, Township 3
North, Range 3 West, Boise Meridian, City of Caldwell, Canyon County, ldaho.
COMPREHENSIVE PLAN DESIGNATION: The comprehensive plan designates this parcel as a
combination of commercial and industrial. The land use classification listed in the comprehensive
land use plan generally conforms to the zoning classification proposed as part of the annexation
pursuit.
2.8 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
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Propertv Riqhts: The five checklist criteria set forth by the Attorney General in the "ldaho Regulatory
Takings Act Guidelines" were reviewed by planning staff. The criteria is as follows:
Does the regulation or action result in a permanent or temporary physical occupation of the land?
No
2.11 Land Use: Area of City lmpact - The site is located in Canyon County, contigious to the City of
CatOwett and within the City's of area of impact; the Canyon County zoning designation is
Residential. Canyon County Development Services was notified of the request through mailing of
the public hearing notice on September 27,2002.
2.12 Public Services. Utilities and Facilities and Transportation: ln a memo dated October 3, 2002, the
Engineering Department offers the following comments:
1. The existing property is not currently connected to either City sewer or water services. Both sewer and
water services are tocated in Cleveland Boutevard on the northeast side of the road. The capacity of
the sewer and water systems, the City's ability to provide services, and connection fees for these
services will be determined when the owner applies for connection.
2. Within the City of Caldwell, Cleveland Boulevard (a.k.a. Caldwell Boulevard, l-84 Business Route) is a
state right-of-way. A permit to use right-of-way shall be obtained from the ldaho Transportation
Department (lTD) prior to any construction being performed in said right-of-way.
3. Storm water drainage from additional impervious areas created by any future modifications to the
existing structures and/or grounds shall be retained on-site in accordance with the City's Storm Water
Manag-ement Policy. A copy of this policy is available upon request. A professional engineer, licensed
in ths state of ldaho, shall provide calculations, which indicate that the assumptions in his storm
drainage plan comply with the storm drainage policy.
4. lrrigation water for any and all landscaping shall be obtained from Pioneer lrrigation District sources.
2.13 Fire Protection: The CFD has no objections to this request.
II! TESTIMONY
Does the regutation orQ,,on require a property owner to o"ot a portion of propefi or to grant
an easement? No
Does the regulation deprive the owner of all economically viable uses of the property? No
Does the regulation have a significant impact on the landowner's economic interest? No
Does the regulation deny a fundamental attribute of ownership? No
School Facilities and Transportation: The Caldwell and Vallivue School Districts were notified of the
request through mailing of the public hearing notice on September 27,2002.
Steve Hasson, Community Development Director, presented the staff report and outlined the facts
as written. Mr. Hasson stated that the City was requesting the Farwell Auto Body to re-annex
approximately 19.93 acres of land located on Cleveland Boulevard into the City. He noted that this
was a City initiated annexation and was being purposed in accordance to Annexation Category "A".
Mr. Hasson read the Category "A" provisions as written in the staff report.
Mr. Hasson also noted that the parcelwas zoned as M-1 (Light lndustrial) and thus required a
special use permit to continue as a salvage or wrecking yard in the City as a conforming use.
Ransom Bailey, Applicant's Attorney, signed the comment sheet but chose not to speak.
Testimony closed.
N APPLICABLE LEGAL STANDARDS
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City of Caldwell Zoning Ordinance No. 1451, as amended
City of Caldwell Comprehensive Plan, as amended
ldaho Code, Title 67, Chapter 65, Local Planning Act
ldaho Code, Title 50,
amended
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5.1
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The Planning and Zoning Commission accepted the
Comprehensive Plan Analysis as written.
School Facilities and Transportalion -
GOAL: To provide the on-going opportunity for school representatives of Caldwell and Vallivue
School Districts to participate in the community planning process.
POLICY 1: lnclude 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.
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.
OBJECTIVES APPLICABLE TO ALL LAND USES
OBJECTIVE C:
available.
To promote growth in areas where public facilities and services are readily
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.
5.4 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.
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Based on the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission
hereby recommends to the Mayor and City Council, that Case No. ANN -75-02, a request by the
City of Caldwell to reannex approximately 19.93 acres (Farwell parcels) more commonly known as
5411 Cleveland Blvd. into the City as M-1 (Light lndustrial) zone is approved.
8.1
AND ZONING'S FINDINGS OF
The Planning and Zoning Commission accepted the general facts outlined in the staff report and
public testimony as part of the Findings.
p ffill ffiONING'S co-NcLu$IOltlS ioF,i, i0ftl ffil f"lfii02
The Planning and Zoning Commission has the authority to hear this case and to recommend
approval or denial. The public notice requirements were met and the hearing was conducted within
the guidelines of applicable ldaho Code and City ordinances.
H NNlill$ Au@tr rN G co [,rM r ss I oN"s REco M MEN DATI UN'o N CAs E N Or AN Ni75i02
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9.1 The Planning and Zoning Commission accepted the general facts outlined in the staff report and
public testimony as part of the Findings.
10.1 The Planning and Zoning Commission has the authorityto hearthis case and to approve ordeny it.
The public notice requirements were met and the hearing was conducted within the guidelines of
applicable ldaho Code and City ordinances.
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11.1 Based on the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission
hereby order that Case No. SUP-175-02, a request by the City of Caldwell for approval of a special
use permit for an auto wrecking/salvage/repair yard is approved with the following conditions:
11.2 The specific terms and conditions placed on this Special Use Permit shall run with the land and
remain valid upon a change of ownership, or until such time that the Permit may be revoked,
become invalid, or replaced with another approved use. The Special Use Permit is not transferable
from the approved site to another site.
11.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with all
conditions placed upon this Special Use Permit.
11.4 No change in the conditions and terms of this Special Use Permit, as approved, shall be undertaken
by the Applicant, or future assigns having an interest in the subject property, until the Community
Development Director has reviewed the proposed changes. lf the Director finds that the proposed
changes are significant, approval for an amendment shall only be granted following the public
hearing process.
11.5 Any violation of the terms and conditions of this Special Use Permit by the Applicant, or future
assigns having an interest in the subject property, will be deemed a misdemeanor and subject to the
provisions set forth in ldaho Code, 18-113. Each day's continued violation will be deemed a
separate offense.
11.6 The parcels are not connected to the City's sewer and water systems, and the owners will not be
obligated to connect to these systems until they expand or enlarge the business operation, seek to
change the land use, experience a health hazard such as a failed septic system or a contaminated
well that would necessitate public sewer or water connection.
CASE NO. ANN-75-02 WAS HEARD BY THE PLANNING AND ZONING COMMISSION AT A PUBLIC
HEARING HELD OCTOBER 17,2002,
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW, RECOMMENDATION, AND ORDER OF
DECISION WAS ADMINISTRATIVELY APPROVED AND SIGNED BY CHAIRMAN ARCHULETA ON THE
DATE NOTED BELOW.
IL
anie leta, Chairman Date
6 } ATTE
ity Development Director
COMMISSION'S CASE NO.
x AND CONCLUSIONS OF LAW ON CASE NO.
STREET ADDRESS:
NAME OF CASE BEING HEARD:
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PUBLIC HEAR.ING COMMENT SHEET
(PLEASE PRINT GLEARLN
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Check the appropriate line:
wish to speak_
do not wish to speak
Neutral/
wish to speak
do not wish to spEak_
Opposed/
wish to speak_
do not wish to spEak_
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ln favor/
Written comments may be attached to this form or you may write them in below
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. Applicant or Representative,. \ or Repres enfative-!/