HomeMy WebLinkAboutPlanning & Zoning - Hearing ExaminerPLANNING AND ZONING/HEARING EXAMINER
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Ph: 208.455.3000
Pax: 208.455.3003
www.cityofcaldwell.com
The Trea.sare of the
NOTICE IS HEREBY GIVEN that the Caldwell Planning & Zoning
Department has received a request to construct a 2,160 square foot shop on
the property located approximately 170 feet north of Homedale Road on the
east side of War Eagle Road. City code requires that accessory buildings,
structures, and uses not be established or built prior to the establishment or
building of a single-family residence unless specifically approved by the
planning and zoning department on a case by case basis only (Zoning
Ordinance 10-02-04).
As a property owner within 300 feet of the site you are receiving this notice
and the opportunity to comment regarding this request. Correspondence
regarding the proposal is to be submitted to the Planning & Zoning
Department no later than Friday, March 21", 2014 at 4:00 p.m.
Please direct any correspondence to:
City of Caldwell P&Z
c/o Jarom Wagoner; Senior Planner
621 Cleveland Blvd.
Caldwell, ID 83605
Jarom Wagoner
(208) 455-4662
jwagoner@ci.caidwell.id.us
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City Hall . 411 Blaine Street • P.O. Box 1179 . Caldwell, Idaho 83606 . 208.455.3000
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RECOMMENDATION
BY THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD JUNE 11, 2013
Subject: Case No. ANN-01-13 (Aleman Annexation)
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
• ANNEXATION OF APPROXIMATELY 3.77 ACRES INTO THE CITY OF CALDWELL WITH
A REQUEST FOR R-1 (LOW DENSITY RESIDENTIAL) ZONING
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II GENERALFACTS
III TESTIMONY
IV APPLICABLE LEGAL STANDARDS
V COMPREHENSIVE PLAN ANALYSIS ON ANNEXATION
VI FINDINGS OF FACT ON ANNEXATION
VII CONCLUSIONS OF LAW ON ANNEXATION
VIII RECOMMENDATION ON ANNEXATION
COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of public hearing on application
ANN-01-13 to be held before the Caldwell Planning and Zoning Commission on June 11,
2013. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act,
have been met. On May 24, 2013 notice was mailed to all property owners within 300 feet of
the project site and to all political subdivisions providing services to the site; on May 26, 2013
notice was published in the Idaho -Press Tribune; and, on May 30, 2013 notice was posted on
the site.
1.2 On June 11, 2013, the Caldwell Planning and Zoning Commission recommended approval of
the 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.
II GENERAL FACTS
2.1 OWNER: John and Angelina Aleman, 2722 Summercrest, Caldwell, ID 83607
2.2 APPLICANT/DEVELOPER: John and Angelina Aleman, 2722 Summercrest, Caldwell, ID
83607
Case No. ANN-01-13 (Aleman Annexation) Page 1 of 4
RECOMMENDATION j
01A�
Vll CONCLUSIONS OF LAW ON ANNEXATION
7.1 The Caldwell Planning and Zoning Commission has the authority to hear this case and
recommend that it be approved or denied. The public notice requirements were met and the
hearing was conducted within the guidelines of applicable Idaho Code and City ordinances.
VIII RECOMMENDATION ON ANNEXATION
8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning
Commission hereby recommends to the Mayor and Caldwell City Council that Case No. ANN-
01-13, a request by John and Angelina Aleman for annexation of 3.77 acres, more or less, into
the City of Caldwell with an R-1 Low Density Residential zoning classification, located
approximately 170 feet north of Homedale Road on the east side of War Eagle Road, be
approved.
CASE NUMBER ANN-01-13 WAS HEARD BY THE PLANNING AND ZONING COMMISSION AT A PUBLIC
HEARING HELD JUNE 11, 2013.
THE FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION 1+1-AWlNISTRATIVELY
APPRO D AND SIGNED BY THE PLANNING AND ZONING ACTI CH IRWERSONTHDATE
NOTE ELOW.
ATTEST:Ken S olz, Acting Chairperson Date Anne Marie er
Case No. ANN-0I - 13 (Aleman Annexation) Page 4 of 4
RECOMMENDATION
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SIGN UP SHEET
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in the appropriate box check whether you wish to speak or do not wish to speak.
CASE NAME: Aleman Annexation
CASE NUMBER: ANN-01-13
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CACELL PLANNING AND ZONING COMM ISSIt"m
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.June 11, 2013
Call to Order - Acting Chairperson Scholl called 11•e mecong to order for the public hearing at 1:00 p.m_
11. Roll Can -
Members Present: Dana Vance, Arvid Salisbury. Kennult Scholz
Disclosures and Conflicts of interest: Dana Vance as an agent for Superior Signs is representing the applicant for
Case No. SUP-359-13.
Members Absent: Ed Doty-Pomoransky, Roger Page
Staff Present: Anne Marie Skinner (Senior Planner -Development Team Lcadcr); April Cabello (Planning Technician);
Robb MacDonald (Assistant City Engineer)
Staff Absent: Brian Billingsley (Planning and Zoning Director)
Review of Proceeding Acting Chairperson Scholz announced the procedures for the public hearing.
Ill. Old Business
A. Approve minutes of April 9, 2013 regular meeting.
MOTION: Commissioner Salisbury SECOND: Commissioner Vance Passed: Unanimous roll call vote.
IV. New Business
A. Case Number ZON-87-13, a request by Perry and Shirley Leffler for a comprehensive plan map change and
a rezone of approximately 4 10 acres from C-4 Freeway Commercial to M-I Light Industrial located at 0
Andy Lane and 1311 Andy Lane on the easterly side of Andy Lanc approximately 500 feet south of Franklin
Road
Testimony:
I } Anne Marie Skinner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner/Development
Team Leader, presented the staff report as written and submitted an aerial photo of the site
labeled Exhibit PZ-1000.
2) Shirley Leffler, 5125 Ray Dr., Nampa, ID 83686, Applicant, testified in favor of the rezone
request and stated the zone change from C-4 to M-1 would allow more development
opportunities for the property, especially with all the industrial activity taking place in Sky
Ranch and to the west of the subject property.
3) Commissioner Scholz wondered about access to the property.
4) Ms. Leffler explained access was from Andy Lane which was accessed directly from Aviation
Way.
5) Commissioner Scholz wondered about secondary access.
6) Perry Leffler, 5125 Ray Dr., Nampa, ID 83686, Applicant, testified that they are working with
adjacent property owners for secondary access.
P&Z Minutes
6f 11 /2013
C 2-
SQI,IED
7) M': Kinner explained to Commissioner Scholz that seer. :y access was not an issue
pertaining to the Planning and Zoning Commission; rather, secondary access issues would be
handled at the building permit level and are regulated by the Fire Marshal.
8) Public testimony was closed.
MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Salisbury Passed:
Unanimous roll call vote.
Evidence List for Case Number ZON-87-13 - Consisted ofthe case file; written and verbal staff report, PZ-
1000 (aerial of site from Anne Maric Skinner).
MOTION: Commissioner Salisbury SECOND: Commissioner Vance Passed: Unanimous roll call vote.
Comprehensive Plan Analysis for Case Number ZON-87-13 - MOTION: Commissioner Vance
SECOND: Commissioner Salisbury Passed: Unanimous roll call vote.
Findings of Fact for Case Number ZON-87-13 - MOTION: Commissioner Salisbury SECOND:
Commissioner Scholz Passed: Unanimous roll call vote.
Conclusions of Law for Case Number ZON-87-13 — MOTION. Commissioner Vance SECOND:
Commissioner Salisbury Passed: Unanimous roll call vote.
Recommendation for Case Number ZON-87-13 .. MOTION: Commissioner Salisbury SECOND: Commissioner
Vmicc. Recommendation for Approval Passed: Unanimous roll call vote.
B. Case Number ANN-01-13, a request by John and Angelina Aleman for annexation of approximately 3.77
acres, more or less, into the City of Caldwell with an R- I Low Density Residential zone located
approximately 170 feet north of Homedale Road on the east side of War Eagle Road.
Testimony:
I) Anne Marie Skinner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner/Development
Team Leader, presented the staff report as written and submitted an aerial photo of the site
labeled Exhibit PZ-1000.
2) The commissioners wondered about the High Density Residential classification on the
Comprehensive Plan Map and how that was consistent or not with the requested Low Density
zoning designation.
3) Ms. Skinner explained that the area is a developed area consisting of single-family dwellings.
The Comprehensive Plan Map really should have the area designated as Low Density
Residential and Staff will be making that change to the next plan map update.
4) John Aleman, 2722 Summercrest, Caldwell, ID 83607, Applicant, testified in favor of the
application and stated they are requesting annexation to be a part of the city, have a single-
family dwelling, and access city services. They might possibly split the lot as there is quite a
bit of acreage for one family to maintain.
5) Public testimony was closed.
MOTION TO CLOSE TESTIMONY: Commissioner Scholy S^COND: Commissioner Salisbury Passed:
Unanimous roll call vote.
Evidence List for ANN-01-13 - Consisted of the case tile_ written and verbal staff report; PZ- 1000 (aerial
photo from Anne Marie Skinner).
MOTION: Commissioner Vance SECOND- Commissioner Salisbury Passed: Unanimou% roll ca:l vote.
Comprehensive Plan Analysis for Case Number ANN-01-13 MOTION: Commissioner Vance
SECOND: Commissioner Salisbury Passed: l-nanimous rol'. caa kote.
Findings of Fact for Case Number ANN-01-13 - NIOTiON: Commissioner Salisbury SECOND.
Commissioner Vance Passed: I;nanimous roll call vote.
Conclusions of Law for Case Number ANN-01-13 — MOTION: Commissioner Sul kbury SECOND:
Commissioner Vance Passed: L nanimous roll call vote.
Recommendation for Case Number ANN-01-13 MOTION: Commissioner Vance SECOND: Commissioner
Salisbury. Recommendation for Approval Passed: k:nanimous roll call vote.
C. Case Number SUP-359-13, a request by Vision Charter School and Superior Signs for special use permit
approval to install a 4x8 electric sign with an electronic message center at property addressed as 19231 Ward
Road. (CONTINUED TO THE HEARING EXAMINER'S MEETING OF JULY 9, 2013 DUE TO A
2
P&Z Minutes
6/ 11 /2013
LACK OF A QUORL .ECAUSE OF THE CONFLICT OF INTERI;SrF COMMISSIONER
VANCE)
V, Planning Issues
A. The nest regularly scheduled Planning and Zoning Commission hearing is August 13, 2013.
VI. Adjournment
The meeting was adjuumed at approximately 7:35 Imn,
MINUTES PROVED AND SIGNED BY ACTING CHAIRPERSON KEN SCHOLZ ON THE DATE NOTED
ATTEST:
A
P&Z Minutes
6111/2013
Cam
Ph: 208.455.3000
Fax: 208.455.3003
1/ www.cityafcaldwell.com
I
The Treasure of flae Valley
L;aiciweli manning & zoning [;ommission agenoa for FUbllc Bearing on
Tuesday, June 11, 2013 at 7:00 p.m., in the Community Room, Caldwell
Police Department, 110 South 51h Avenue, Caldwell, Idaho.
EN DA
I. Call to Order
Il. Review of Proceedings
III. Old Business
A. Approve Minutes of April 9, 2013 nieetfig a plied 'I?y:Chairperson Doty- , ,....
Pomoransky.
New Business #3,}';'
- �,
A. Case No. ZON-87-13 a request by Perry arid;tiirleX Leffler fora comprehensive
plan map change and a rezone of approximafoly 410 acres from C-4 Freeway
Commercial to M-1 Light Industrial located at q Art��'Lane and.1 �11 Andy Lane on
the easterly side of Andy Lane approximately(i{) felt south of Franklin Road.
B. Case No. ANN-01-13 a request by John art4 Angell na Al.�map for annexation. of
e
approximately 3.77 acres, more or less, into t Ciof Caldwell With an R-1 Low.
Density Residential zone located approximately 170 feet M) gh-of 1-omedale Road
on the east side of War Eagle Road.
z
C. Case No. SUP-359-13 a request by Vision Chahar Sdhool. and: Superior Signs for
special use permit approvalt6install a 4xE8�elect�lc. sign yvitb aid electronic
message center,at props addressed at 1,92M*4d Road { �..,. y M �,�, .�� ,�� .
V. Planning and Zonin0s,4ues, if �riy..
I. Next Planning & Zoning C6rnfh1ss1onScheduled Public M"'trrlg bate: August 13,
2013. _ .. .:_ . .. .
..rj ',i € . + I:: ' M. �r ��{fix .• r �# �F'�'w.�T�"
VII. Adjourn
Any person needing special accommodations to participate in ilh6 tneeting should
,contact the City Office at (208) 455.4667 pelor to the meetin
01
Cualquier persona necesitando. cortmodidades e'speciales pard-' arti4�ipar',en la reunion debe
contactar al [as oficinas de la Ciudad q #lame.a (208) 455- 4667 antes de l minion.
City Hall - 411 Blaine Street • P.O. Box 1179 - Caldwell, Idaho 83606 - 208.455-3000 1