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PLANNING AND ZONINGIHEARING EXAMINER
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May 27, 2010
Hardy Estates LLC
3406 Saddlehorn Way
Caldwell, ID 83605
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RE: Case No. ANN-181-10 (Hardy Estates Annexation)
To Whom It May Concern:
Enclosed for your files please find a copy of the above -referenced
Recommendation as approved by the Caldwell Hearing Examiner on May 11,
2010 and signed on May 19, 2010 by Hearing Examiner Mapp. Please refer to
Section 8 for conditions of recommendation.
Please note the following as per Idaho State Code, Section 67-6519:
The applicant has the right to request a regulatory taking analysis
pursuant to Section 67-8003, Idaho Code. Additionally, an applicant
denied an application or aggrieved by a final decision, or an affected
person (one having a bona fide interest in real property which may be
adversely affected by approval, denial or failure to act upon an
application for a subdivision, variance, special use permit; or, approval
t of an annexation; or, approval or denial of a rezone) aggrieved by a
final decision, may, within 28 days after all remedies have been
exhausted under local ordinances, seek judicial review under the
procedures provide by Chapter 52,Title 67, Idaho Code.
If I can be of any assistance or if you have any question, please call me at
455-4662.
Sincerely
Marie Skihner
r Planner/Development Team Leader
City Hall • 411 Blaine St. • P.O. Box 1179 • Caldwell, Idaho 83606 • (208) 455 3000 • FAX: (208) 455-3003 • www.cItyofcoIdweII.com
RECOMMENDATION
BY THE HEARING EXAMINER
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD MAY 11, 2010
Subject: Case No. ANN-181-10 (Hardy Estates Annexation)
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURES OF THIS APPLICATION:
+ ANNEXATION OF 5.23 ACRES INTO THE CITY WITH AN M-1 LIGHT INDUSTRIAL
ZONE.
TABLE OF CONTENTS:
I. COURSE OF PROCEEDINGS
II. GENERAL FACTS
III. TESTIMONY
IV. APPLICABLE LEGAL STANDARDS
V. COMPREHENSIVE PLAN ANALYSIS
VI. FINDINGS OF FACT
VII. CONCLUSIONS OF LAW
Vill. RECOMMENDATION
COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application ANN-181-10 to be heard by the Caldwell Hearing Examiner on May 11, 2010.
Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were
met. On April 25, 2010 notice was published in the Idaho Press Tribune, and on April 23,
2010 notice was mailed to all political subdivisions providing services to the site and to all
property owners or purchasers of record who own property within 300 feet of the project site
and, on April 30, 2010 notice was posted on the site.
1.2 On May 11, 2010, the Caldwell Hearing Examiner recommended approval of the
annexation request.
1.3 Files and exhibits relative to this application are available for review in the Planning and
Zoning Department, 621 Cleveland, Caldwell, and at applicable public hearings.
it GENERAL FACTS
2.1 OWNER/APPLICANT: Hardy Estates LLC, 3406 Saddlehorn Way, Caldwell, ID 83605,
2.2 ENGINEER: None
Case No. ANN-181-10 (Hardy Estates Annexation)
RECOMMENDATION
Pagel of 5
2.3 REQUEST: The owner/applicant is requesting annexation of 5.23 acres with an M-1 Light
Industrial zoning designation. The site already utilizes municipal sewer and water.
2.4 LOCATION: The subject property is located approximately 1,890 feet south of Linden Street,
southwest of Indian Creek and northeast of the railroad tracks in Section 36, Township 4
North, Range 4 West.
2.5 LEGAL DESCRIPTION: A metes and bounds legal description was prepared by the City
Engineering Department and incorporated into the file for reference purposes.
2.6 COMPREHENSIVE PLAN DESIGNATION: The Comprehensive Plan Map designation for this
site is Industrial.
2.7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
2.7.1 Property Rights: Land use policies, regulations, conditions and fees should not violate private
property rights.
2.7.2 Population and Economic Development: Caldwell is growing as a trading, residential,
commercial and educational center and the City's geographic position places it in an
advantageous position to accommodate even further additional future residential growth such
as is represented by this application.
2.7.3 Land Use: The subject property currently sits in the City's Impact Area with Canyon County
zoning classification and a Caldwell Comprehensive Plan Map designation of Industrial. It
currently houses Hardy Estates Mobile Home Park.
Direction Use Zone Comprehensive Plan
North
Bare
M-1
Industrial
South
Hardy Estates
M-1
Industrial
West
Hardy Estates
M-1
Industrial
East
Bare
County
Industrial
2.7.4 Public Facilities - Schools: Caldwell School District and Caldwell Transportation were sent a
request for comment. No comments were received.
2.7.5 Public Facilities — Public Agency Offices and Utilities: The Engineering Department, Fire
Plans Examiner, Building Plans Examiner, Police Department, Pioneer Irrigation District and
Canyon County Development Services were all sent notification of the request. Responses
were as follows:
Fire Department comments:
This office has no objections to this application as it is presented.
Idaho Transportation Department comments:
ITD has no comment on the enclosed notice.
Case No. ANN-181-10 (Hardy Estates Annexation) Page 2 of 5
RECOMMENDATION
Engineerina Department comments:
The Engineering Department does not oppose the request by Hardy Estates LLC to annex
approximately 5.23 acres into the City with M-1 (Light Industrial) zoning. The site is located
approximately 1,890 feet south of Linden, southwest of Indian Creek and northeast of the
railroad tracks in Section 36, T4N, R3W.
III TESTIMONY BEFORE THE HEARING EXAMINER, MAY 11, 2010
3.1 Anne Marie Skinner, Senior Planner/Development Team Leader, presented the staff report
and submitted an aerial map of the site labeled as PZ-1000. Ms. Skinner stated this site
should have been annexed when the subdivision was annexed and the City is now asking
Debbie Lasher to annex into the City under Category A annexation.
3.2 Debbie Lasher, applicant, signed in favor of the application and stated she was not aware that
all of the land had not been annexed into the City and agrees it should be annexed into the
City.
3.3 Pete Echevarria signed in neutral of the application and stated his property is landlocked due
to the subdivision and wants to know why this land had not been annexed and needs
confirmation this land to be annexed is not his property.
3.4 Mr. Mapp confirmed with Mr. Echevarria that there is no road or access to his property and
asked about how long ago it was that the property became land locked.
3.5 Mr. Echevarria stated that he could not remember but no one at the City would help him.
3.6 Brent Orton, Public Works Director, stated that he recalled there once was an agreement that
Mr. Echevarria could access his property through the Indian Creek Estates and stated he
would assist Mr. Echevarria in figuring out the situation.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell Zoning Ordinance No. 1451, as amended
4.2 City of Caldwell Comprehensive Plan, as amended
4.3 Idaho Code, Title 67, Chapter 65, Local Planning Act
4.4 Idaho Code, Title 50, Chapter 2, Section 50-222 Municipal Corporations, regarding annexation
V COMPREHENSIVE PLAN ANALYSIS
5.1 The Hearing Examiner accepts the Comprehensive Plan components as listed below.
5.1.1 The requested annexation is consistent with the following components of the Comprehensive
Plan:
A. Property Riohts -
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 A: To establish a sound basis for land use and environmental regulations
through comprehensive planning and adopted policies and ordinances.
OBJECTIVE B: To identify potential takings of private property prior to a regulatory or
administrative action on specific property.
Case No. ANN-181-10 (Hardy Estates Annexation) Page 3 of 5
RECOMMENDATION
OBJECTIVE D: To assure that development pays its fair share by establishing a rational,
equitable basis for calculation the type of any exaction, or the amount of any impact fee.
POLICY 1. Planning and zoning actions may be subject to a regulatory takings analysis
provided in section 67-8003 of the Idaho Code. Staff will follow the Attorney General's
Checklist Criteria outlined in the Idaho Regulatory Taking Act Guidelines prior to initiating 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.
B. School Facilities and Transportation -
GOAL: To provide on -going opportunity for school representatives of Caldwell and Vallivue
School Districts to participate in the community planning process.
POLICY 1: Include 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.
C. Economic Development —
GOAL IV: To create neighborhoods where citizens can live, work and play.
D. Land Use —
GOAL II: To create a strong sense of community and place.
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 Impact.
POLICIES FOR THE AREA OF CITY IMPACT:
POLICY 6: Encourage growth to occur as a contiguous outward expansion from the City's
corporate boundaries. Discourage "hopscotch" development.
E. Community Design —
GOAL: Foster growth in a manner that will enhance and improve the City's visual image.
OBJECTIVE E: To ensure that new development enhances rather than distracts from the
visual image of surrounding areas.
5.1.2 The requested annexation is not inconsistent with any components of the Comprehensive
Plan.
Staff recommends approval of this annexation request.
Case No. ANN-181-10 (Hardy Estates Annexation) Page 4 of S
RECOMMENDATION
VI FINDINGS OF FACT
6.1 The Hearing Examiner accepts the facts outlined in the staff report, public testimony and the
evidence list.
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 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 Idaho Code and City Ordinances.
VIII RECOMMENDATION
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-181-10, a request by Hardy Estates LLC for
annexation of 5.23 acres with an M-1 Light Industrial zoning designation located
approximately 1,890 feet south of Linden Street, southwest of Indian Creek and northeast of
the railroad tracks in Section 36, Township 4 North, Range 3 West, be approved with the
following conditions:
8.2 All development (development is defined as any project or use of land, regardless of zone, that
will require a certificate of completion, a certificate of occupancy, any type of building permit
application, a special use permit, a subdivision plat and/or a planned unit development) of the
subject property shall adhere to all City, State and Federal codes, policies, standards and
ordinances in effect at the date of application submittal.
CASE NUMBER ANN-181-10 WAS HEARD BY THE CALDWELL HEARING EXAMINER AT A
PUBLIC HEARING HELD MAY 11, 2010.
THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION WERE
ADMINIST LY APPROVED AND SIGNED BY THE CALDWELL HEARING EXAMINER ON
THE NO BELOW.
M. Jero a Mapp, H ing Examiner
Date A AManener, for ner/Dev. Team Leader
Case No. ANN-181-10 (Hardy Estates Annexation) Page S of S
RECOMMENDATION
SIGN UP SHEET
Please print the following required information and
in the appropriate box check whether you wish to speak or do not wish to speak.
CASE NAME: Hardy Annexation
CASE NUMBER: ANN-181-10
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CALDWELL HEARING EXAMINER
MINUTES
May 112010
Call to Order— Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public hearing
at 7:00 p.m.
II. Review of Proceedings — Mr. Jerome Mapp outlined the procedures for the public hearing.
Members Present: Anne Marie Skinner (Senior Planner/Development Team Leader), Brent Orton (Public
Works Director), Brian Billingsley (Planning Director) and April Cabello (Planning Technician).
III, Old Business:
A. Mr. Mapp approved the Minutes of the March 9, 2010 meeting as signed on March 24,
2010 by Hearing Examiner Mapp.
B. (Continued from March 9, 2010) WITHDRAWN Case Number ANN-179-10 a request by
Barney Glen Gwendolyn Trust and Mason and Stanfield Inc. for annexation of 4.5 acres
with an M-1 (Light Industrial) zoning designation and a comprehensive plan map
classification change from Commercial to Industrial. The site is addressed as 5617
Cleveland Boulevard.
IV. New Business:
A. Case Number SUB-133E-05 a request by Karcher 59 LLC and Mutual Benefit Investments
for a time extension for the preliminary plat of Fieldcrest Village Subdivision located at
the northeast corner of Karcher Road and Lake Avenue.
Testimony:
1. Anne Marie Skinner, Senior Planner/Development Team Leader, presented the staff
report and submitted an aerial map of the site labeled as PZ-1000.
2. Cheryl Moriarty, applicant's representative, signed in favor of the application and
provided supporting testimony. Ms. Moriarty stated the reasons for the extension
are the economic conditions and finalization of the Hwy 55 Corridor Study by Idaho
Transportation Department.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
1
Bearing Examiner Minutes
May 11, 2010
L91
Findings of Fact for SUB-133E-05: The Hearing Examiner accepted the general facts as outlined in
the staff report, public testimony, and the evidence list as presented.
Conclusions of Law for SUB-133E-05: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
Order of Decision: The Hearing Examiner ordered that Case Number SUB-133E-05 is approved with
conditions 6.2 through 6.3.
B. Case Number SUB-185E-07 a request by Pine Street LLC and Stanley Consultants, Inc. for
a time extension for the preliminary plat of Selah Estates Subdivision located at the
northwest corner of 101" Avenue and Homedale Road.
Testimony:
1. Anne Marie Skinner, Senior Planner/ Development Team Leader, presented the staff
report and submitted an aerial map of the site labeled as PZ-1000.
2. Mike Wilson, applicant's representative, signed in favor of the application and
provided supporting testimony. Mr. Wilson stated the reasons for the extension
were outlined in the narrative submitted with the application.
3. Will Black, applicant, signed in favor of the application but did not wish to speak.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Findings of Fact for SUB-185E-07: The Hearing Examiner accepted the general facts as outlined in
the staff report, public testimony, and the evidence list as presented.
Conclusions of Law for SUB-185E-07: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
Order of Decision: The Hearing Examiner ordered that Case Number SUB-185E-07 is approved with
conditions 6.2 through 6.3.
C. Case Number SUP-331-10 a request by Keybank and YESCO for a special use permit to
add an electronic reader board to an existing sign located at the northeast corner of 9th
Avenue and Cleveland Boulevard.
Testimony:
1. Anne Marie Skinner, Senior Planner/ Development Team Leader, presented the staff
report and submitted an aerial map of the site labeled as PZ-1000.
2. Craig Lunsford, applicant's representative, signed in favor of the application and
provided supporting testimony.
Hearing Examiner Minutes
May 11, 2010
3. Mr. Mapp confirmed with staff and the applicant that one of the reasons for the two
electronic reader board signs is because of the one-way streets and that the building
fronts on both the front and the rear.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Findings of Fact for SUP-331-10: The Hearing Examiner accepted the general facts as outlined in the
staff report, public testimony, and the evidence list as presented. Mr. Mapp further noted the
following:
- The building has one one-way street to its front and a second one-way street to its rear, each
one-way street being in a different travel direction.
- The proposed sign will not impede pedestrian traffic.
- The proposed sign is outside of the vision triangle.
- The proposed sign is not in conflict with the existing signage.
Conclusions of Law for SUP-331-10: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
Order of Decision: The Hearing Examiner ordered that Case Number SUP-331-10 is approved with
conditions 8.2 through 8.14.
D. Case Number ANN-181-10 a request by Hardy Estates LLC for annexation of 5.23 acres
with an M-1 (Light Industrial) zoning designation. The site is located approximately
1,890 feet south of Linden, southwest of Indian Creek and northeast of the railroad
tracks in Section 36, T4N, 113W.
Testimony:
1. Anne Marie Skinner, Senior Planner/ Development Team Leader, presented the staff
report and submitted an aerial map of the site labeled as PZ-1000. Ms. Skinner
stated this site should have been annexed when the subdivision was annexed and
the City is now asking Debbie Lasher to annex into the City under Category A
annexation.
2. Debbie Lasher, applicant, signed in favor of the application and stated she was not
aware that all of the land had not been annexed into the City and agrees it should
be annexed into the City.
3. Pete Echevarria signed in neutral of the application and stated his property is
landlocked due to the subdivision and wants to know why this land had not been
annexed and needs confirmation this land to be annexed is not his property.
3
Hearing Examiner Minutes
May 11, 2010
4. Mr. Mapp confirmed with Mr. Echevarria that there is no road or access to his
property and asked about how long ago it was that the property became land
locked.
5. Mr. Echevarria stated that he could not remember but no one at the City would help
him.
6. Brent Orton, Public Works Director, stated that he recalled there once was an
agreement that Mr. Echevarria could access his property through the Indian Creek
Estates and stated he would assist Mr. Echevarria in figuring out the situation.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Findings of Fact for ANN-181-10: The Hearing Examiner accepted the general facts as outlined
in the staff report, public testimony, and the evidence list as presented.
Conclusions of Law for ANN-181-10: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
Recommendation: The Hearing Examiner recommended that Case Number ANN-181-10 be
approved with condition 8.2.
V. Planning Issues -- None
VI. Adjournment
The Hearing Examiner adjourned the meeting at approximately 7:45 p.m.
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE
NOTED BELOW:
4
Hearing Examiner Minutes
May 11, 2010
r
The Treasure of the Valley
Caldwell Hearing Examiner agenda for Public Hearing on Tuesday, May 11, 2010 at 7:00
p.m., in the Community Room of the Caldwell Police Department at 110 South Vh
Avenue, Caldwell, Idaho.
AGENDA
Call to Order
Review of Proceedings
Ill. Old Business
A. Approve the Minutes of the March 9, 2010 meeting as signed on March 24, 2010 by
Hearing Examiner Mapp.
B. (Continued from March 9, 2010) WITHDRAWN Case Number ANN-179-10 a request
by Barney Glen Gwendolyn Trust and Mason and Stanfield Inc. for annexation of 4.5
acres with an M-1 (Light Industrial) zoning designation and a comprehensive plan
map classification change from Commercial to Industrial. The site is addressed as
5617 Cleveland Boulevard.
IV. New Business
A. Case Number SUB-133E-05 a request by Karcher 59 LLC and Mutual Benefit
Investments for a time extension for the preliminary plat of Fieldcrest Village
Subdivision located at the northeast corner of Karcher Road and Lake Avenue.
B. Case Number SUB-185E-07 a request by Pine Street LLC and Stanley Consultants,
Inc. for a time extension for the preliminary plat of Selah Estates Subdivision located
at the northwest corner of 10th Avenue and Homedale Road.
C. Case Number SUP-331-10 a request by Keybank and YESCO for a special use
permit to add an electronic reader board to an existing sign located at the northeast
corner of gth Avenue and Cleveland Boulevard.
D. Case Number ANN-181-10 a request by Hardy Estates LLC for annexation of 5.23
acres with an M-1 (Light Industrial) zoning designation. The site is located
approximately 1,890 feet south of Linden, southwest of Indian Creek and northeast of
the railroad tracks in Section 36, T4N, R3W.
V. Planning Issues.
VI. Next Hearing Examiner Public Meeting Date: Tuesday, July 13, 2010 at 7:00 p.m.
VII. Adjourn
Any person needing special accommodations to participate in the meeting should contact
the City Office at (208) 455-4667 prior to the meeting.
Cualquier persona necesitando comodidades especiales para participar en la reunion debe
contactar al las oficinas de la Ciudad o Ilame a (208) 455- 4667 antes dela reunAft i
1U0 BEST
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City Hall • 411 Blaine St. 9 P.O. Box 1179 • Caldwell, Idaho 83606 • (208) 455 3000 • FAX: (208, 455-3003 • www.cityofca�t�elLCOM