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PLANNING AND ZONING
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COMM U N Iry DEVELOPN/ ENT DEPARTM ENT
Land Use and Zoning Services
March 9,2007
Jake Telford
17918 Chicken Dinner Rd.
Caldwell, ID 83607
RE: RECOMMENDATION _ CASE NUMBER ANN-148-07
Dear Jake:
Enclosed for your files is a copy of the ANN-148-07 Recommendation as recommended
and signed on March 6,2007 by Mr. Jerome Mapp, Caldwell Hearing Examiner.
Please review Section 8 regarding the recommended conditions of approval. Please
note that the case will be heard by Caldwell City Council for the final decision.
ft's currently scheduled for City Council on Tuesday, April 3,2OO7.
If I can be of any assistance or if you have .any questions, please call me at 455'4662.
Sincerely,
An Marie
Senior Planner
Enclosure
cc: Case File
clw HALL . 621 CLEVELAND BLVD. . PO. BOX 1177 . CALDWELL, lD 83605 . (208)455-3021 (FAX) (208)455-3050
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RECOMMENDATION
BY THE HEARING EXAMINER
CITY OF CALDWELL, IDAHO
FEBRUARY 27,2007
Subiect: ANN-l48-07 (Telford Annexation)
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
ANNEXATION INTO CALDWELL OF APPROXIMATELY 0.45 AGRE OF LAND
CONTIGUOUS TO THE CITY'S MUNICIPAL BOUNDARY WITH R.l SINGLE.FAMILY
RESIDENTIAL ZONING.
TABLE OF CONTENTS:!. COURSE OF PROGEEDINGSII. GENERAL FACTSIII. TESTIMONYIV. APPLICABLE LEGAL STANDARDSV. COMPREHENSIVE PLAN ANALYSISVI. FINDINGS OF FACTVII. CONCLUSIONS OF LAWVIII. RECOMMENDATION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application ANN-148-07 heard by the Caldwell Hearing Examiner on February 27,2007.
Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were
met. On February 6, 2007 notice was published in the ldaho Press Tribune, and on
February 9,2007 notice was mailed to all property owners within 300 feet of the project site;
and, on February 15,2007 notice was posted on the site.
1.2 On February 27,2007, the Caldwell Hearing Examiner recommended approval of this
annexation request.
1.3 Files and exhibits relative to this application are available for review in the Planning and
Zoning Department,62l Cleveland, Caldwell, and are available for review at the applicable
public hearings.
II GENERAL FACTS
2.1 OWNER: Jake Telford,17918 Chicken Dinner Rd., Caldwell, lD 83607
2.2 APPLICANT: Same as Owner
ANN- I 48-07 (Telford Annexation)
RECOMMENDATION
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2.3 REQUEST: The applicant is seeking annexation of approximately 0.45 acre of land with R-1
Single-Family Residential zone classification. The property is surrounded by City limits. The
applicant requests this annexation because he is surrounded by already annexed property
and wishes for his property to better fit into city planning.
2.4 LOCATION: The property is located at 1105 East Ustick Road
2.5 LEGAL DESCRIPTION: A legal description is attached and incorporated into the file for
reference purposes.
2.6 COMPREHENSIVE PLAN DESIGNATION: The Comprehensive Plan Map designation for this
site is Low Density. The request is consistent with the Comprehensive Plan Map.
2.7 COt\/lPRFHFNSIVF PLAN C Ot\/!PONtr N TS APPLICABLE TO THF RFCJTJFST:
2.7.1 Propertv Riohts: The five checklist criteria set forth by the Attorney General in the "ldaho
Regulatory Takings Act Guidelines" were reviewed by the planning staff. The criteria is as
follows:
Does the regulation or action result in a permanent or temporary physical occupation
of the land? No
Does the regulation or action require a property owner to dedicate a portion of property
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
2.7.2 School Facilities Transportation:The Caldwell School District and Caldwell
n January 17,2007. No respdnse was received.Transportation were notified of this request o
2.7.3 Land Use: The subject property, comprised of two different tax parcels, currently contains one
house on each tax parcel and is being used for residential purposes within the City lmpact
Area with an Agriculture zoning classification under Canyon County's zoning regulations. The
applicant is requesting annexation into the city with a land use zone classification of R-1
(Single-Family Residential). The property to the north, west and east is within City limits and
is zoned R-3 (Multi-Family High Density Residential) and is being currently platted as
Eldorado Estates Subdivision. The property to the south is all within city limits with an R-1
(Single-Family Residential) zone.
2.7.4 Transportation: This property has frontage on Ustick Road to the south and Washington
Avenue to the east. Canyon Highway District #4 was notified of the request on January 17,
2007. No response was received.
2.7.5 Public Services, Utilities and Facilities: The City Engineering Department was notified of the
request on January 17,2007. No response was received.
2.7.6 Fire protection: The Fire Department was notified of this request on January 17 , 2007 . No
response was received.
2.7.7 irriqation: Pioneer lrrigation was notified of this request on january 17, 2007. No response
was received
ANN-148-07 (Telford Annexation) Page 2 of 5
RECOMMENDATION
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3
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5
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3.1
3.2
3.3
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TESTIMONY BEFORE THE HEARING EXAMINER, FEBRUARY 27,2007
Anne Marie Skinner, Senior Planner, presented the staff report.
Jake Telford, applicant, signed in favor of the application and provided supporting testimony.
Mr. Mapp closed public testimony.
APPLICABLE LEGAL STANDARDS
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, Chapter 2, Section 50-222 Municipal Corporations, regarding annexation
COMPREHENSIVE PLAN ANALYSIS
The Hearing Examiner accepts the Comprehensive Plan Components as listed below.
CONSISTENT WITH THE COMPREH PLAN: The request is consistent with the
following components of the Comprehensive Plan:
Propertv Riqhts -
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 property.
OBJECTIVE B: To identify potential takings of private property prior to a regulatory or
administrative action on specific property.
POLICY 't: Staff will follow the Attorney General's Checklist Criteria outlined in the ldaho
Regulatory Taking Act Guidelines prior to initiating any proposed regulatory or administrative
,cti-on on specifiC property, and to request legal counsel's review if any one of the criteria is
answered in the affirmative. Upon staff review, all criteria were answered negatively'
School Facilities 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 1: tnclude the school districts in the review process when considering land-use
proposals. Notice of the hearing should be provided to the districts along with any additional
information that the districts may request.
4.1
4.2
4.3
4.4
V
5.1
5.1.1
5.',\.2
5.1.3 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.
OBJECTIVES APPLICABLE TO ALL LAND USES
ANN-1 48-07 (Telford Annexation)
RECOMMENDATION
Page 3 of5
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OBJECTIVE A: To guide the groMh and development of land uses in such a way that the
health, safety and generalwelfare of residents will be protected.
OBJECTIVES APPLICABLE TO THE 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 and provided with
public services.
OBJECTIVE B: To support Canyon County's efforts to protect valuable agricultural land by
encouraging development to occur within the Area of City lmpact.
POLICY 6: Encourage growth to occur primarily as a contiguous outward expansion from the
City's corporate boundaries. Discourage "hopscotch" development.
5.1.4 Public Services. Utilities and Facilities -
GOAL: To ensure that there are adequate public services and infrastructure to meet the
needs of the public.
OBJECTIVE A: To provide for the orderly expansion of public services to meet the needs of
population growth, and ensure that adequate infrastructure is in place to serve new
development.
POLICY 5: Encourage new development to meet the City's public infrastructure design
standards, and any other applicable public entity's adopted policies.
5.2 INCONSISTENT WITH THE COMPREHENSIVE PLAN: The request is not consistent with
the following components of the Comprehensive Plan:
5.2.1 Staff could not identify any components that were inconsistent with the request
Generally, the proposal is supported by the Comprehensive Plan and staff recommends
approval of the request.
V! FINDINGS OF FAGT ON ANNEXATION
6.1 The Hearing Examiner accepts the facts outlined in the staff report, public testimony and the
evidence list.
VII CONCLUSIONS OF LAW ON ANNEXATION
7.1 The Hearing Examiner has the authority to hear this request and to recommend to the Mayor
and City Council that it be approved or denied. The public notice requirements were met, the
hearing was legally noticed and posted and the hearing was held and conducted under the
requirements of ldaho Code and City Ordinances.
VIII RECOMMENDATION ON ANNEXATION
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-148-07, a request by Jake Telford for
annexation of 0.45 acre located at ii05 East Ustick Road into the City of Caldweii with R-i
Single-Family Residential zoning be approved with the following condition:
ANN-148-07 (Telford Annexation) Page 4 of 5
RECOMMENDATION
8.2
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At the time of development, all development shall meet all current and applicable City Codes,
Ordinances, Policies and Standards.
CASE NUMBER ANN-148-07 WAS HEARD BY THE HEARING EXAMINER AT A PUBLIC
HEARING HELD FEBRUARY 27,2007,
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAWAND THE RECOMMENDATION
WERE ADMINISTRATIVELY APPROVED AND SIGNED BY HEARING EXAMINER MAPP
ON THE DATE NOTED BELOW.
Jerome Examiner
Date
Brian Billingsley, Planning Director
ANN- I 48-07 (Telford Annexation)
RECOMMENDATION
Page 5 of5
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CALDWELL HEARING EXAMINER
MINUTES
FEBRUARY 27,2007
Call to Order - Hearing Examiner, Mr. Jerome Mapp, opened the meeting for
the public hearing at 7:00 P.m.
Review of Proceedings - Mr. Jerome Mapp outlined the procedures for the
public hearing.
Members Present: Brian Billingsley (Planning Director), Anne Marie Skinner
(Senior Planner), Savanna Davis (Secretary), April Cabello (Planning
Technician), Brent Orton (Engineering Department)'
Old Business
A. Mr. Mapp approved the minutes of the January 23,2007 meeting'
B. Mr. Mapp inquired about changes to the agenda. Anne Marie Skinner informed
Mr. fUabb item C on the agenda Case Number ANN-137-06, Joan Cayler, has
been withdrawn.
Case Numbers ANN-138-06 & SUP-285-06, a request by Living Waters Worship
Center for annexation of 5.4 acres into city limits with R-1 (Single-Family
Residential) zoning and a special use permit to develop a church. The site is
located on the west side of 1Oth Ave, approximately 200 feet north of Pat Lane
(continued from 11-28-06 and 12-27-06 and 1-23-07).
Testimony:
1. Anne Marie Skinner, Senior Planner, presented the staff report.
2. Mr. Mapp, Hearing Examiner, stated he had questions regarding the
parking, lighting and site Plan.3. Wendy Kirkpartrick, applicant's representative, signed in favor of the
application and provided supporting testimony. Ms. Kirkpartick presented
exhibits Pz-1ooo, PZ-1001 andPZ-1002. She answered Mr. Mapp',s
questions about the parking, lighting and site plan.
4. Mr. Mapp stated his concern of the amphitheater, noise and fencing.
5. Ms. Kirkpartick stated they can submit another special use application
later for the amphitheater.
6. Kitty Johnson, secretary of the applicant, signed in favor of the
application. Ms. Johnson stated the properties to one side of the
pioposed church are fenced and the properties on the other three sides of
the'proposed church are not fenced but the architect would be the best
person.to answer the questions regarding fencing and landscaping.
7. Mr. Mapp called Ms. Kirkpatrick back to the stand. He told Ms'
Kirkpartrick that all conditions must be met.
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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 Comprehensive Plan components listed in Sections 5.1 through 5.4 in the
staff report.
Findings of Fact: The Hearing Examiner accepted the general facts as outlined
in the staff report, public testimony, and the evidence list as a part of the
Findings.
Conclusions of Law: The Hearing Examiner accepted the Conclusions of Law
as outlined in the staff report.
Order of Decision: The Hearing Examiner recommended that Case Number
ANN-138-06 be approved with conditions 8.2 and 8.3.
Order of Decision: The Hearing Examiner ordered that Case Number
SUP-285-06 is approved with the following conditions:
. items 11.1 - 11.12. 12.1- Down lighting throughout the site.
. 12.3 - 6-Foot high solid privacy fence along the south, west and north
sides of th" ;;#;;y;;\.f,-;*r rl ,;y a*'-r",7' ' i -''t p'c te'-'Jr-
. 12.4 - Amphitheater is not part of this ffiroval because the applicant has
not determined the impact on surrounding neighbors.
lV. New Business
the City with R-1 (Sing le-Family Residential) zoning.e
is located at 1105 E. Ustick Rd
Testimony:
1. Anne Marie Skinner, senior Planner, presented the staff report.
2. Jake Telford, applicant, signed in favor of the application and provided
supporting testimony.
Public testimony closed - Mr. Mapp closed public testimony'
Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable
to the Comprehensive Plan components listed in Sections 5.1 through 5.4 in the
staff report.
Findings of Fact: The Hearing Examiner accepted the general facts as outlined
in the ltaff report, public testimony, and the evidence list as a part of the
Findings.
A.
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Conclusions of Law: The Hearing Examiner accepted the Conclusions of Law
as outlined in the staff report.
Order of Decision: The Hearing Examiner recommended that Case Number
ANN-148-07 be approved with the conditions listed under section I of the staff
report.
V. Planning lssues
None.
Vl. Adjournment
The Hearing Examiner adjourned the meeting at approximately 7:50pm.
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME
MAPP,ON THE DATE NOTED BELOW:
Jerome p
ATTEST
ing and Zoning Director
t/il2De{-
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PUBLIC MEETING COMMENT SHEET
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(Please print clearly)
Name: .- t,..\i .',,-
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Street Address: 'f? I t 3 CL'. , ul-*-'--- L),,' N€ i- (2.\
City lState lZlP:/a\A*-\t s\A*.1GL\?
Name of Case Being Heard:az\\., \
ApplicantK
Applican{'s Rep resentative
Check the appropriate box(es):
Neutral:
In favor:
Wish to speak E
Do not wish to speak E
Wish to speak E
Do not wish to speak fl
Opposed:
Wish to speak D
Do not wish to speak E
Written comments may be attached to this form, or you may write them in below:
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DW
Qcity of Catdwef,
Planning and Zoning Department
Caldwell Hearing Examiner agenda for Public Hearing on Tuesday, February 27,2007 at 7:00 p.m., in
the Community Room of the Caldwelt Police Department at 110 South 5'n Avenue, Caldwell, ldaho.
AGENDA
l. Call to Order
ll. Review of Proceedings
lll. Old Business
A. Approve Minutes of the January 23,2007 Meeting.
B. Case Numbers ANN-138-OO & SUP-285-06, a request by Living Waters Worship Center
for annexation of 5.4 acres into city limits with R-1 (Single-Family Residential) zoning and
a special use permit to develop a ihurch. The site is located on ihe west side of 1Oth Ave,
approximately 200 feet north of Pat Lane (continued from 11-28-06 and 12-27-06).
C. Case Number ANN-137-06, a request made by Joan Cayler for annexation of a 0.92 acre
parcel of land into the city with R-1 (Single-Family Residential) zoning. The site is located
at5222 S. 1Oth Ave (continued from 11-28-06 and 12-27-06).
lV. New Business
A.Case Number ANN-148-07, a request by Jake Telford for annexation of 0.45 acres of land
into the City with R-1 (Single-Family Residential) zoning. The site is located at 1105 E.
Ustick Rd.
Planning lssues
Next Hearing Examiner Public Meeting Date: Tuesday, March 27,2007
Adjourn
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V.
VI
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