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CITY COUNCIL WORKSHOP
AGENDA
Monday, October 15, 2018
6:30 PM
CITY COUNCIL WORKSHOP TO DISCUSS PROPOSED AMENDMENTS TO THE CALDWELL
CITY CODE — CHAPTER 10 (ZONING ORDINANCE).
CAIQWEII
W
REGULAR CITY COUNCIL MEETING
AGENDA
Monday, October 15, 2018
7:00 PM
INVOCATION OFFERED BY REVEREND RENEA HARDY OF THE VALLEY PENTECOSTAL
CHURCH.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
CONFLICT OF INTEREST DECLARATION.
SPECIAL PRESENTATIONS
A. Update Report: Mayor's Youth Advisory Council
AUDIENCE PARTICIPATION.
CONSENT CALENDAR: /ALL CO,VSE,VT CALF 'DAR ITE31SAREACTION ITEMS/
I. Approve the minutes of the Regularly Scheduled City Council Meeting held on October 1, 2018 , the Caldwell
Youth Form Sub -Committee Meeting held on July 10, 2018; the Caldwell Senior Citizens Center Board
Meeting held on September 12, 2018; the Pathways and Bike Routes Committee Meeting held on June 19,
2018; the Caldwell Industrial Airport Commission Meeting held on October 4, 2018, the Caldwell Housing
Authority Meetings held on June 25, 2018, July 20, 2018, August 17, 2018, and September 21, 2018;
2. Approve the 2019 Caldwell City Council Meeting Calendar;
3. Approve the 2019 Planning & Zoning Commission/Hearing Examiner Meeting Calendar;
4. Approve the Order of Decision for Case No. ANN-18-06 (Hopkins Annexation);
5. Approve the Order of Decision for Case No. ZON-18-06 (Idaho Power Rezone);
6. Approve Resolution authorizing the acceptance of a Utility Easement located within the Sky Ranch Business
Center (Recorded Instrument #2018-039553) from the Urban Renewal Agency of the City of Caldwell, Idaho to
the City of Caldwell;
7. Approve Resolution authorizing the statutory notice to owners, or heirs of owners, concerning lots, sites, or
portions of the cemetery which were purchased but remain unused for burial purposes for a period fifty (50)
years or more, pursuant to Idaho Code Title 27, Chapter 3, and directing City staff to make said lots, sites, or
portions of the cemetery available for purchase for burial purposes in the event they are not reclaimed during
the statutorily provided sixty (60) day period following service, mailing or publication of the resolution;
8. Approve Resolution authoring the execution of the Financial Audit Engagement Contract with Eide Bailly for
the year ended September 30, 2018;
9. Approve Resolution authorizing the adoption of an on -call policy for City Departments: Water, Streets,
Wastewater Treatment Plant, and Parks with an effective date of October 1, 2018;
10. Approve Resolution authorizing the purchase of a 2018 Chevrolet Silverado pickup from Kendall Chevrolet
pursuant to Idaho Code 67-2806 in the amount of S29,749.00 plus freight as provided in the 2019 budget for the
Building Department,
11. Approve Resolution accepting a Corporate Warranty Deed from the City of Caldwell to Tradition Capital
Partners, LLC for property located generally one-half mile south of Purple Sage Golf Course, north of Willis
Road, and west of El Paso Road;
12. Approve Resolution authorizing the execution of the Flexible Spending Account (FSA) Renewal Rates, Plan
Summary, Plan Specifications, and the Cobra Rate Renewal with PacificSource Administrators, Inc, with an
effective date of January 1, 2019;
13. Approve Resolution authorizing the selection of the Acapulco Mexican Restaurant pursuant to provisions as
stipulated within the Alcohol Beverage Concession Services RFP with the understanding that a contract for
such services will be forthcoming and considered by the Caldwell City Council prior to the effective date of
January 1, 2019;
Page I of 2
r, r-11
14. Approve Resolution authorizing the execution of the Memorandum of Understanding regarding insurance
payroll deductions between the City of Caldwell and the Caldwell Firefighters [AFF Local 1821;
15. Approve Resolution authorizing the execution of the Cooperative Agreement with Valley Regional Transit for
the annual assessment and service contribution in the amount of S 183,931.00,
16. Approve Resolution authorizing the execution of the Modification No. 3 to Memorandum of Agreement
(RI 5MR11723) between the City of Caldwell, Pioneer Irrigation District, and the U.S. Department of the
Interior Bureau of Reclamation (Pacific Northwest Region, Snake River Area Office) concerning the drain title
transfer process;
17. Approve Resolution regarding the special use areas of the Canyon Hill Cemetery in which memorials exist
honoring Civil War Veterans and Pioneers of the Oregon Trail era and how said portions of the cemetery may
be used in the future;
18. Approve Resolution authorizing the execution of the Service Agreement for HVAC Units with Air Comfort,
Inc. for maintenance and repair services effective October 1, 2018 through September 30, 2019,
19. Approve Resolution authorizing the purchase of a Walker 25HP Kohler EFI Mower from Smiths Lawnmower
Sales in the amount of S 14,493.62 as provided in the 2019 budget for the Parks Department;
20. Approve Resolution authorizing the purchase of a Toro Groundsmaster 5900 Rotary Mower from Turf
Equipment & Irrigation, Inc. in the amount of $89,607.36 through the N7PA awarded contract #926112 as
provided in the 2019 budget for the Parks Department;
21. Approve request from the Mapping Department and Public Works Director to approve the Letter of Intent to
Commit Funding with COMPASS for the 2019 Orthophotography Project in the amount of$25,000;
22. Approve Resolution granting an Easement to the Intermountain Gas Company for the purpose of providing the
necessary volume of natural gas to Caldwell residences and provides a pathway for said natural gas line across a
portion of the Caldwell Airport property along Ustick Road;
23. Approve Resolution ratifying the Consent to Use Agreement (Contract #6-07-1 1-L3720) with the Bureau of
Reclamation dated November 21, 2016 regarding the culvert replacement and extension of the Mason Creek
Drain;
24. Approve Resolution authorizing the Trustees of the City of Caldwell Employee Benefit Plan Trust to execute
the Financial Audit Contract for the Caldwell Employee Benefit Plan Trust with Eide Bailly for the year ended
September 30, 2018.
BUSINESS:
None.
NEW BUSINESS:
I. ACTION ITEAP Public Hearing regarding a request by the Charlotte Kenney Trust for a Vacation of
Rights -of -Way for Fem Street and Vine Street for the purpose of preparing of the parcel for sale and
future development.
2. ACTION ITEA1.- Consider Bill No. 51 (Ordinance No. 3181) regarding a Vacation of Public Rights -of -
Way for Fern Street and Vine Street with a request to wave the rules and pass on the first reading by title
only.
3. ACTION IT&W. Public Hearing (Quasi-judicial): Case No. ANN-18-07 —A request by Cheryl Garza
to annex 3.03 acres, more or less, with an R-1 (Low Density Residential) zoning designation. The subject
property is located at 3907 E. Homedale Road (Parcel R2140050500) in Caldwell, Idaho.
4. ACTION ITEM. Consider Bill 37 (Ordinance No. 3167) for Case No. ANN-18-07 (Garza Annexation)
with a request to waive the rules, pass on the first reading by title only, and approve the summary for
publication.
5. ACTION ITEM. Public Hearing (Quasi-judicial): Case No. ZON-18-07 — A request by Sakimoto
Properties, LLC and Gary McAllister to rezone 1.75 acres, more or less, from R-1 (Low Density
Residential) to C-1 (Neighborhood Commercial). The subject property is located on the north side of
Amber Street approximately 250 feet east of the intersection of 101 Avenue and Amber Street (Parcel
#R3576500000) in Caldwell, Idaho.
6. ACTION ITEM. Consider Bill No. 38 (Ordinance No. 3168) for Case No. ZON-18-07 (Sakimoto
Rezone) with a request to wave the rules, pass on the first reading by title only, and approve the summary
for publication.
7. ACTIONITEM: Finance Report acceptance.
8. Council Reports.
9. Mayor's Comments.
10. Adjournment.
Next Regular City Council Meeting is on Monday, November 5, 2018 at 7:00 p.m. in the Community Room at
the Caldwell Police Station at 110 South Fifth. Any person needing special accommodations to participate in the
meeting should contact the City Clerk at 411 Blaine Street or call #4554656 prior to the meeting. The entire agenda
packet and minutes can be viewed on the City of Caldwell's website: www.ritvofcatdwell.com. Cualquier persona
que necesita arreglos especiales pars participar en la reuni6n debe comunicarse con el Secretario de la Ciudad en
411 Blaine Street o flame at # 455 a 4656 antes de la reunion.
Page 2 of 2 f �A
BOOK 59
PAGE 133
CITY COUNCIL WORKSHOP
AGENDA
Monday, October 15, 2018
6:30 PM
CITY COUNCIL WORKSHOP TO DISCUSS PROPOSED AMENDMENTS TO THE
CALDWELL CITY CODE — CHAPTER 10 (ZONING ORDINANCE).
Mayor Nancolas opened the workshop.
Present: Callsen, Pollard, Stadick, Allgood, Ozuna, wid Hopper.
City Staff Members in attendance: Jarom Wagoner and Brian Billingsley.
Mr. Wagoner, Senior Planner at 621 Cleveland Boulevard provided a report outlining the proposed
amendments to the Zoning Ordinance (City Code Chapter 10) associated with home occupation permits,
yard sales, signage issues within the downtown city center zone, and fencing material issues.
Discussion followed.
The proposed ordinance will be considered by City Council on November 5, 201S.
The workshop adjourned at 6:44 p.m. No decisions were made and no action was taken.
REGULAR MEETING
Caldwell City Council
Monday, October 1, 2018
7:00 P.M.
Mayor Nancolas opened the meeting and welcomed those in attendance. He noted that an informational
workshop was held at 6.30 p.m. regarding proposed changes to the Planning & Zoning Ordinance (City
Code -Chapter 10). No decisions were made within the workshop.
Reverend Renea Hardy of the Valley Pentecostal Church provided the invocation. The Mayor led the
audience in the Pledge of Allegiance to the Flag.
The Roll of the City Council was called by the City Clerk with the following members present: Callsen,
Pollard, Stadick, Allgood, Ozuna, and Hopper.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
A. Calrhvell Hijzh School American Ggvernnreul Clars:
The Mayor acknowledged Mrs. Cheryl Adams, Caldwell High School American Government
teacher. Thirty students were in attendance and each one stood and introduced themselves.
B. Update Report: AJcj,or'x Youth Advisor, Council
The Executive Committee of the Mayor's Youth Advisory Council provided an update reporl of
their plans for events and projects within the coming year: Seth Siple (Chair), Madison Smith
(Vice -Chair), Jennifer Tobar (Secretary), Joseph Tibesar (Treasurer), and Macy Rampinini
(Historian).
Mr. Siple reported that approximately 20-30 students participate in the MYAC regularly scheduled
meetings. The Mayor emphasized that the Mayor's Youth Advisory Council affords opportunities
for the students to participate with legislative issues (on a local and national leval) and community
service projects.
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR [All Consent Calendar items are action items]
1. Approve the minutes of the Regularly Scheduled City Council Meeting held on October 1,
2018 , the Caldwell Youth Form Sub -Committee Meeting held on July 10, 2018; the
Caldwell Senior Citizens Center Board Meeting held on September 12, 2018; the Pathways
and Bike Routes Committee Meeting held on June 19, 2018; the Caldwell Industrial Airport
6
rBOOK 59 r PAGE 134
Commission Meeting held on October 4, 2018; and the Caldwell Housing Authority Meetings
held on June 25, 2018, July 20, 2018, August 17, 2018, and September 21, 2018;
2. Approve the 2019 Caldwell City Council Meeting Calendar;
3. Approve the 2019 Planning & Zoning Commission/Hearing Examiner Meeting Calendar;
4. Approve the Order of Decision for Case No. ANNA 8-06 (Hopkins Annexation);
5. Approve the Order of Decision for Case No. ZON-18-06 (Idaho Power Rezone);
6. Approve Resolution No. 282-I8 authorizing the acceptance of a Utility Easement located
within the Sky Ranch Business Center (Recorded Instrument 42018-039553) from the Urban
Renewal Agency of the City of Caldwell, Idaho to the City of Caldwell;
7. Approve Resolution No. 283-18 authorizing the statutory notice to owners, or heirs of
owners, concerning lots, sites, or portions of the cemetery which were purchased but remain
unused for burial purposes for a period fifty (50) years or more, pursuant to Idaho Code Title
27, Chapter 3, and directing City staff to make said lots, sites, or portions of the cemetery
available for purchase for burial purposes in the event they are not reclaimed during the
statutorily provided sixty (60) day period following service, mailing or publication of the
resolution;
8. Approve Resolution No. 284-18 authorizing the execution of the Financial Audit Engagement
Contract with Eide Bailly for the year ended September 30, 2018;
9. Approve Resolution No. 285-18 authorizing the adoption of an on -call policy for City
Departments: Water, Streets, Wastewater Treatment Plant, and Parks with an effective date
of October 1, 2018;
10. Approve Resolution No. 286-18 authorizing the purchase of a 2018 Chevrolet Silverado
pickup from Kendall Chevrolet pursuant to Idaho Code 67-2806 in the amount of $29,749,00
plus freight as provided in the 2019 budget for the Building Department;
11. Approve Resolution No. 287-18 accepting a Corporate Warranty Deed from the City of
Caldwell to Tradition Capital Partners, LLC for property located generally one-half mile
south of Purple Sage Golf Course, north of Willis Road, and west of El Paso Road;
12. Approve Resolution No. 288-18 authorizing the execution of the Flexible Spending Account
(FSA) Renewal Rates, Plan Summary, Plan Specifications, and the Cobra Rate Renewal with
PacilicSource Administrators, Inc. with an effective date of January 1, 2019;
13. Approve Resolution No. 289-18 authorizing the selection of the Acapulco Mexican
Restaurant pursuant to provisions as stipulated within the Alcohol Beverage Concession
Services RFP with the understanding that a contract for such services will be forthcoming and
considered by the Caldwell City Council prior to the effective date of January 1, 2019;
14. Approve Resolution No. 290-18 authorizing the execution of the Memorandum of
Understanding regarding insurance payroll deductions between the City of Caldwell and the
Caldwell Firefighters IAFF Local 1821;
15. Approve Resolution No. 291-18 authorizing the execution of the Cooperative Agreement
with Valley Regional Transit for the annual assessment and service contribution in the
amount of $183,931.00;
16. Approve Resolution No. 292-18 authorizing the execution of the Modification No. 3 to
Memorandum of Agreement (RI 5MR11723) between the City of Caldwell, Pioneer Irrigation
District, and the U.S. Department of the Interior Bureau of Reclamation (Pacific Northwest
Region, Snake River Area Office) concerning the drain title transfer process;
17. Approve Resolution No. 293-18 regarding the special use areas of the Canyon Hill Cemetery
in which memorials exist honoring Civil War Veterans and Pioneers of the Oregon Trail era
and how said portions of the cemetery may be used in the future;
18. Approve Resolution No. 294-18 authorizing the execution of the Service Agreement for
HVAC Units with Air Comfort, Inc. for maintenance and repair services effective October I,
2018 through September 30, 2019;
19. Approve Resolution No. 295-18 authorizing the purchase of a Walker 25HP Kohler EFI
Mower from Smiths Lawnmower Sales in the amount of S14,493.62 as provided in the 2019
budget for the Parks Department;
20, Approve Resolution No. 296-18 authorizing the purchase of a Toro Groundsmaster 5900
Rotary Mower from Turf Equipment & Irrigation, Inc. in the amount of $89,607.36 through
the NJPA awarded contract #926112 as provided in the 2019 budget for the Parks
Department;
21. Approve request from the Mapping Department and Public Works Director to approve the
Letter of Intent to Commit Funding with COMPASS for the 2019 Orthophotography Project
in the amount of $25,000; 11
22. Approve Resolution No. 297-18 granting an Easement to the Intermountain Gas Company for
the purpose of providing the necessary volume of natural gas to Caldwell residences and
provides a pathway for said natural gas line across a portion of the Caldwell Airport property
along Ustick Road;
e'C ?'
BOOK 59
PAGE 135
23. Approve Resolution No. 298-18 ratifying the Consent to Use Agreement (Contract #6-07-11-
L3720) with the Bureau of Reclamation dated November 21, 2016 regarding the culvert
replacement and extension of the Mason Creek Drain;
24. Approve Resolution No. 299-18 authorizing the Trustees of the City of Caldwell Employee
Benefit Plan Trust to execute the Financial Audit Contract for the Caldwell Employee Benefit
Plan Trust with Eide Bailly for the year ended September 30, 2018.
MOVED by Pollard, SECONDED by Hopper to approve the Consent Calendar as printed.
Roll call vote: Those voting yes: Pollard, Stadick, Allgood, Ozuna, Hopper, and Callsen. Those voting no:
none. Absent and/or not voting: none.
MOTION CARRIED
OLD BUSINESS
None.
NEW BUSINESS
(ACTION ITEM: PUBLIC HEARING REGARDING A REQUEST BY THE CHARLOTTE
KENNEY TRUST FOR A VACATION OF RIGHTS -OF -WAY FOR FERN STREET AND
VINE STREET FOR THE PURPOSE OF PREPARING THE PARCEL FOR SALE AND
FUTURE DEVELOPMENT)
Brent Orton, Public Works Director at 621 Cleveland Blvd., provided the staff report. He
noted that the public hearing was properly noticed as required by Idaho Code including
notifying the public utility agencies. Mr. Orton announced that the applicant would also
provide additional public right-of-way for the purpose of accommodating the community
pathway system. City staff recommends approval of the vacation request.
John Barembay, 1210 McIntosh, signed in support of the request but did not provide public
testimony.
MOVED by Stadick, SECONDED by Callsen to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 51 (ORDINANCE NO. 3181) REGARDING A
VACATION OF PUBLIC RIGHTS -OF -WAY FOR FERN STREET AND VINE STREET
WITH A REQUEST TO WAVE THE RULES AND PASS ON THE FIRST READING BY
TITLE ONLY)
The Mayor read the ordinance by title only:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO,
VACATION OF UNOPENED RIGHT-OF-WAY FOR VINE STREET AND FERN STREET;
RECITING THAT APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING;
DETERMINING THAT VACATION OF SAID RIGHT-OF-WAY BE IN THE BEST INTEREST
OF THE CITY OF CALDWELL AND THAT SAID RIGHT-OF-WAY SHALL BE VACATED;
PROVIDING AN EFFECTIVE DATE.
MOVED by Callsen, SECONDED by Allgood to waive the three reading process and consider Bill
No. 51 (Ordinance No. 3181) on its first reading by title only.
Roll call vote: Those voting yes: Callsen, Pollard, Stadick, Allgood, Ozuna, and Hopper. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Callsen, SECONDED by Stadick to sponsor Bill No. 51 (Ordinance No. 318;) and
move for its passage on the first reading by title only.
Roll call vote: Those voting yes: Callsen, Pollard, Stadick, Allgood, Ozuna, and Hopper. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIF.D
ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NO. ANN•18.07 A
REQ1; EST BY CHERYL GARZA TO ANNEX 3.03 ACRES, MORE OR LESS, WITH AN R-
1 (LOW DENSITY RESIDENTIAL) ZONING DESIGNATION. THE SUBJECT
PROPERTY IS LOCATED AT 3907 E. HOMEDALE ROAD (PARCEL 112140050500) IN
CALDWELL, IDAHO.
a2
BOOK 59 r PAGE 136
The Mayor explained the quasi-judicial process and asked the City Clerk to swear in those
who would be providing public testimony for all public hearings listed on the agenda.
The Mayor reported that he is acquainted with the applicant by virtue of a family member
previously married to Ms. Garza's son. The City Attorney noted that the relationship
would not be considered as a conflict of interest regarding this matter.
The Mayor declared the public hearing open. It was noted that Ms. Garza was not
previously sworn in. Ms. Garza stood and was sworn in by the City Clerk.
Jarom Wagoner, Senior Planner at 621 Cleveland Blvd. acknowledged being sworn in and
outlined the facts as provided within the staff report. He noted that the owner inhabits the
residence at the site. The parcel fronts Homedale Road. The Hearing Examiner heard the
case on September 11, 2018 and recommended approval of the annexation request with an
R-1 zoning designation. The applicant would enter into a Deferral Agreement for
improvements of the street and landscaping, noting that typically such improvements take
place when actual development occurs on site. The dedication of right-of-way must be
addressed within 90-days of approval.
Cheryl Garza, 3907 Homedale Road, acknowledged being sworn in and spoke in favor of
the request noting that she concurred with the Staff report.
The Mayor reported that Ms. Garza was the only person who signed up to speak.
MOVED by Callsen, SECONDED by Stadick to close the public testimony portion of the hearing
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ANN-I8-07:
The Mayor presented the Evidence List: staff report, sign-up sheets, and the aerial map of ANN-18-
07.
MOVED by Hopper, SECONDED by Callsen to accept the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN-18-07:
MOVED by Callsen, SECONDED by Stadick to accept the Comprehensive Plan Analysis as
presented in the staff report under roman number V.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. ANN-18-07:
MOVED by Hopper, SECONDED by Callsen to accept the general facts as outlined in the staff
report, the public testimony that was given in this matter, the evidence list that was presented, and
note that there was no opposition to the applicant's request.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. ANN-18-07:
MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear
this case and to make the decision to approve or deny; and the public hearing was noticed and heard
within the guidelines of applicable state codes and local ordinances.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ANN-]8-07:
MOVED by Pollard, SECONDED by Hopper based on the Findings of Fact and Conclusions of
Law, the Caldwell City Council hereby orders that Case No. ANN-18-07 a request by Cheryl
Garza to annex 3.03 acres, more or less, with an R-1 (Low Density Residential) zoning
designation for the property located at 3907 E. Homedale Road (Parcel R2140050500) in
Caldwell, Idaho, is approved with the conditions as outlined in the staff report.
Roll call vote. Those voting yes: Pollard, Stadick, Allgood, Ozuna, Hopper, and Callsen. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Callsen, SECONDED by Pollard to close the public hearing.
MOTION CARRIED
CC �
BOOK 59 PAGE 137
(ACTION ITEM: CONSIDER BILL 37 (ORDINANCE NO. 3167) FOR CASE NO. ANN-18-
07 (GARZA ANNEXATION) WITH A REQUEST TO WAIVE THE RULES, PASS ON THE
FIRST READING BY TITLE ONLY, AND APPROVE THE SUMMARY FOR
PUBLICATION)
The Mayor read the ordinance by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE
CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO,
AND THAT SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO,
AS PART OF THE R-1 (LOW DENSITY RESIDENTIAL ) ZONE; DECLARING SAID LANDS
BY PROPER LLGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF T14E CITY
OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND
PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS
OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CLERK
OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND
MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND
THE IDAHO S T ATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 215.
MOVED by Pollard, SECONDED by Callsen to waive the three reading process and consider Bill
No. 37 (Ordinance No. 3167) on its first reading by title only.
Roll call vote. Those voting yes: Pollard, Stadick, Allgood, Ozuna, Hopper, and Callsen. Those
voting no- none. Absent and/or not voting,: none
MOTION CARRIED
MOVED by Pollard, SECONDED by Callsen to sponsor Bill No. 37 (Ordinance No. 3167), move
for its passage by title only, and approve the summary for publication.
Roll call vote: Those voting yes: Pollard, Stadick, Allgood, Ozuna, Hopper, and Callsen. Those
voting no: none. Absent an4;or not voting; none.
MOTION CARRIED
(ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NO. ZON-18-07 — A
REQUEST BY SAKIMOTO PROPERTIES, LLC AND GARY MCALLISTER TO REZONE
1.75 ACRES, MORE OR LESS, FROM R-1 (LOW DENSITY RESIDENTIAL) TO C-1
(NEIGHBORHOOD COMMERCIAL). THE SUBJECT PROPERTY IS LOCATED ON
THE NORTH SIDE OF AMBER STREET APPROXIMATELY 250 FEET EAST OF THE
INTERSECTION OF IOTn AVENUE AND AMBER STREET (PARCEL #R3576500000) IN
CALDWELL, IDAHO)
The Mayor declared the public hearing open.
Jarom Wagoner, Senior Planner at 621 Cleveland Blvd, acknowledged being sworn in and
provided the staff report. He noted that the Hearing Examiner and City staff recommends
approval of the request. The conditions of approval include requirements regarding
landscaping and a safety vehicle turn -around as mandated by the Fire Marshal. He noted a
typographical error within the staff report and that Item 98.4 should read: "Install a 10-
foot-wide landscape buffer along Skyway Amber Street abutting the site ..."
In response to questions from Councilman Stadick, Mr. Wagoner confirmed that staff
reviewed the site regarding potential irrigation flooding and traffic issues as expressed
within previous public testimony.
Discussion followed concerning ingresslegress issues associated with the development.
Gary McAllister, 2115 E. Bowstring, Meridian, acknowledged being sworn in and spoke in
favor of the request. He noted that a meeting was held with the Fire Marshal and Caldwell
School District and noted issues were addressed. Amber Street will now be a dedicated
right-of-way associated with approval of the request.
MOVED by Allgood, SECONDED by Hopper to close the public testimony portion of the hearing.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ZON-18-07:
The Mayor presented the Evidence List: staff report, sign-up sheet, and the aerial map of ZON-18-
07.
Cc
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BOOK 59
rPAGE 138
MOVED by Hopper, SECONDED by Allgood to accept the Evidence List as presented.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON-18-07:
MOVED by Allgood, SECONDED by Stadick to accept the Comprehensive Plan Analysis as
presented in the staff report under roman number V.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. ZON-18-07:
MOVED by Hopper, SECONDED by Callsen to accept the general facts as outlined in the staff
report, the public testimony that was given in this matter, the evidence list that was presented, and
note that all adopted City ordinances, standards and codes were used to evaluate the application.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. ZON-18-07:
MOVED by Ozuna, SECONDED by Stadick that the Caldwell City Council has the authority to hear
this case and to make the decision to approve or deny; and the public hearing was noticed and heard
within the guidelines of applicable state codes and local ordinances.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ZON-18-07:
MOVED by Pollard, SECONDED by Hopper based on the Findings of Fact and Conclusions of
Law, the Caldwell City Council hereby orders that Case No. Based on the Findings of Fact and
Conclusions of Law, the Caldwell City Council hereby orders that Case Number ZON-18-07 a
request by Sakimoto Properties, LLC and Gary McAllister to rezone 1.75 acres, more or less, from
R-1 (Low Density Residential) to C-1 (Neighborhood Commercial) for the property located on the
north side of Amber Street approximately 250 feet east of the intersection of IOs' Avenue and Amber
Street (Parcel # R3576500000) in Caldwell, Idaho, is approved with the conditions as outlined
within the staff report.
Roll call vote. Those voting yes: Pollard, Stadick, Allgood, Ozuna, Hopper, and Callsen. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Allgood, SECONDED by Callsen to close the public hearing.
MOTION CARRIED
(ACTION ITEM: CONSIDER BILL NO. 38 (ORDINANCE NO. 3168) FOR CASE NO.
ZON-18-07 (SAKIMOTO REZONE) WITH A REQUEST TO WAVE THE RULES, PASS
ON THE FIRST READING BY TITLE ONLY, AND APPROVE THE SUMMARY FOR
PUBLICATION)
The Mayor read the ordinance by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS
OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT
SAID LANDS SHOULD BE REZONED TO THE C-i (NEIGHBORHOOD COMMERCIAL)
ZONE; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF
THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY
ENGINEER AND PLANNING AND ZONING DIRECTOR TO AMEND SAID PROPERTY ON
THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Pollard, SECONDED by Callsen to waive the three reading process and consider Bill
No. 38 (Ordinance No. 3168) on its first reading by title only.
Roll call vote: Those voting yes: Pollard, Stadick, Allgood, Ozuna, Hopper, and Callsen. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIED
MOVED by Pollard, SECONDED by Callsen to sponsor Bill No. 38 (Ordinance No. 3168), move
for its passage by title only, and approve the summary for publication.
Roll call vote: Those voting yes: Pollard, Stadick, Allgood, Ozuna, Hopper, and Callsen. Those
voting no: none. Absent and/or not voting: none.
MOTION CARRIED
Cc.';�'
l BOOK 59
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PAGE 139
(ACTION ITEM: FINANCE REPORT ACCEPTANCE)
Councilman Allgood reported that the Finance Committee has reviewed current accounts payable in
the amount of S 1,061,939.03 for the period ending October 9, 2018 and a net payroll of $446,771.13
for the period ending September 29, 20I8.
MOVED by Allgood, SECONDED by Stadick to accept accounts payable in the amount of
$1,061,939,03 represented by check numbers 133589 through 133768 and payroll in the amount of
S446,771.13 represented by check numbers 32763 through 32896 and direct deposits be accepted,
payments approved, and vouchers fled in the office of the City Clerk.
(COUNCIL COMMENTS) MOTION CARRIED
Councilman Hopper reported that he attended the Idaho Chapter of the American Planning Association
Conference. He presented the Mayor with the Gem Award from the APA Conference for the City of
Caldwell's planning efforts for the downtown Indian Creek Park and the Indian Creek Plaza.
Acknowledgement was given to Brian Billingsley, Planning & Zoning Director, for his presentation at the
APA Conference regarding the two projects. He noted that the selection committee was impressed that the
City of Caldwell took a feature that was previously known as a possible annoyance or problem within the
downtown area and turned into an amazing feature.
(MAYOR'S COMMENTS)
Mayor Nancolas reported that preparation is underway for ice-skating in the Indian Creek Plaza. A soft
opening will take place in November.
The Mayor provided an update report concerning the "Mayors Walking Challenge" within local elementary
and middle schools. He congratulated both Caldwell and Vallivue School Districts for participating in the
Mayors Walking Challenge. He encouraged Council Members to contact Susan Miller for the schedule if
they would like to participate.
Upcoming Events:
October 16 Manufacturer's Alliance Grand Opening for Manufacturer's Day
Idaho Center at 5:00 p.m.
October 17 Groundbreaking Ceremony for Elevate Academy
Site parcel on Chicago Street at 4:00 p.m.
October 17 Mayor's Youth Advisory Council Meeting
Community Room at Caldwell Police Department at 5:30 p.m.
November 5 Next Regularly Scheduled City Council Meeting at 7:00 p.m.
November 6-10 National League of Cities Conference in Los Angeles
November I I Veterans Day Celebration at the Caldwell Veterans Memorial Hall at 11:00 a.m.
November 16 Winter Wonderland in Downtown Caldwell starting at 6:00 p.m. The tree lighting
ceremony is at 7:30 p.m. at the location of the newly planted Christmas tree on
Blaine Street.
The Mayor provided an up-to-date report concerning the projected cost of construction for the Caldwell
Police Department expansion project. The bids came in higher than anticipated. A funding mechanism is
being put together and will be presented at the November 5 , 2018 City Council Meeting for consideration.
(ADJOURNMENT)
MOVED by Hopper, SECONDED by Ozuna to adjourn at 8:07 p.m.
MOTION CARRIED
cc r
BOOK 59
PAGE 140
APPROVEI
ATTEST:
City Clerk
JAN 15
n
cc�
IN FAVOR (IN SUPPORT)
SIGN-UP SHEET
Public Hearing (Quasi-judicial): Case No. ANN-18-07 - A request by Cheryl
Garza to annex 3.03 acres, more or less, with an R-1 (Low Density
Residential) zoning designation. The subject property is located at 3907 E.
Homedale Road (Parcel R2140050500) in Caldwell, Idaho.
No person shall be permitted to speak before the City Council at a Public Hearing
until recognized by the Mayor. All persons speaking shall speak in such a manner as
will assure that the recorded testimony or remarks will be accurate and trustworthy.
At the commencement of the hearing, the Council shall establish a time limit to be
observed by all speakers. When the public Hearing is quasi-judicial in nature or one
after which the City Council is required by law to make findings of fact, each speaker
must swear or affirm that his testimony will be true and correct. Any person refusing
to comply with the rules will be prohibited from speaking during the hearing.
NTED NAME ADDRESS
4%kk `r`\ - G GL Y c
rM
QUESTIONS OR DISCUSSION (NEUTRAL)
SIGN-UP SHEET
Public Hearing (Quasi-judicial): Case No. ANN-18-07 - A request by Cheryl
Garza to annex 3.03 acres, more or less, with an R-1 (Low Density
Residential) zoning designation. The subject property is located at 3907 E.
Homedale Road (Parcel R2140050500) in Caldwell, Idaho.
No person shall be permitted to speak before the City Council at a Public Hearing
until recognized by the Mayor. All persons speaking shall speak in such a manner as
will assure that the recorded testimony or remarks will be accurate and trustworthy.
At the commencement of the hearing, the Council shall establish a time limit to be
observed by all speakers. When the public Hearing is quasi-judicial in nature or one
after which the City Council is required by law to make findings of fact, each speaker
must swear or affirm that his testimony will be true and correct. Any person refusing
to comply with the rules will be prohibited from speaking during the hearing.
PRINTED NAME ADDRESS
r
OPPOSITION (AGAINST)
SIGN-UP SHEET
Public Hearing (Quasi-judicial): Case No. ANN-18-07 - A request by Cheryl
Garza to annex 3.03 acres, more or less, with an R-1 (Low Density
Residential) zoning designation. The subject property is located at 3907 E.
Homedale Road (Parcel R2140050500) in Caldwell, Idaho.
No person shall be permitted to speak before the City Council at a Public Hearing
until recognized by the Mayor. All persons speaking shall speak in such a manner as
will assure that the recorded testimony or remarks will be accurate and trustworthy.
At the commencement of the hearing, the Council shall establish a time limit to be
observed by all speakers. When the public Hearing is quasi-judicial in nature or one
after which the City Council is required by law to make findings of fact, each speaker
must swear or affirm that his testimony will be true and correct. Any person refusing
to comply with the rules will be prohibited from speaking during the hearing.
PRINTED NAME ADDRESS
cc3
Order of Decision by the Mayor and City Council
City of Caldwell, Idaho
Public Hearing held October 15, 2018
Signed November 5, 2018
Subject: Case No. ANN-18-07 (Garza Annexation)
The following Land Use Action is the primary feature of this application:
• Annex approximately 3 acres, more or less, with an R-1 (Low Density Residential) zoning
designation.
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
VIII RECOMMENDATION
IX ORDER OF DECISION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application
ANN-18-07 to be held on September 11, 2018. Public notice requirements set forth in Idaho Code,
Chapter 65, Local Planning Act, were met. On, or before, August 26, 2018, notice was published in
the Idaho Press Tribune, and on, or before, August 24, 2018 notice was mailed to all political
subdivisions providing services to the site and to all property owners within 300 feet of the project
site; and on, or before, August 30, 2018, 2018 notice was posted on the site.
1.2 On September 11, 2018 the Caldwell Hearing Examiner recommended approval of the annexation
request.
1.3 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application
ANN-18-07 to be held before the Caldwell City Council on October 15, 2018. Public notice
requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On, or before,
September 30, 2018, notice was published in the Idaho Press Tribune, and on, or before, September
28, 2018 notice was mailed to all political subdivisions providing services to the site and to all
property owners within 300 feet of the project site; and on, or before, October 4, 2018 notice was
posted on the site.
1.4 On October 15, 2018 the Caldwell City Council approved the annexation request.
1.5 Files and exhibits relative to this application are available for review in the Planning and Zoning
Department, 621 Cleveland Boulevard, Caldwell and at applicable public hearings.
II GENERAL FACTS
2.1 APPLICANT/OWNER: Cheryl Mae Garza, 3907 E. Homedale Road, Caldwell, Idaho, 83607.
Case No. ANN-18-07 Garza Annexation Page 1 of 5
City Council Order of Decision rL
2.2 REQUEST: The applicant is requesting to annex approximately 3 acres with an R-1 (Low Density
Residential zoning designation.
2.3 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map designation for the
site is Medium Density Residential.
Medium Density Residential - Suitable for infill development or a transitional district to include
a mixture of dwelling choices (attached and detached), churches, schools, group day care facilities,
public facilities, and limited neighborhood commercial uses. Manufactured home parks and
manufactured home subdivisions may be located in designated and selected medium density areas.
The residential density range shall not exceed four (4) dwelling units per gross acre for a single-
family residential subdivision and shall not exceed ten (10) dwelling units per gross acre for a mixed
use (planned unit development) site.
2.4 COMPREHENSIVE
PLAN COMPONENTS APPLICABLE TO THE REQUEST:
Land Use: The subject property
is zoned C-4 (Highway Commercial) and is surrounded by:
Direction
Zone
Comprehensive Plan
lag
Site
County
Medium Density Residential
Residential
North
R-1
Medium Density Residential
Residential
South
County
Low Density Residential
Residential
East
R-1
Low Density Residential
Residential
West
County
Medium Density Residential
Residential
2.6 Transportation/Connectivity: The subject property has frontage onto Homedale Road, a minor
arterial roadway.
2.7 Public Services. Utilities and Facilities: The engineering department, fire marshal, building
department, police department, Caldwell School District, Pioneer Irrigation District, and Canyon
Highway District No. 4 were all sent a request for comment.
2.8 Landscaping: As per Section 10-07-02(2) of City Code, landscaping should be required for this
project. City Code requires a 20-foot wide grass landscape buffer along Homedale Road. The buffer
should include a minimum of 14 Class 11 trees and 70 shrubs.
III PUBLIC TESTIMONY
3.1 BEFORE THE HEARING EXAMINER, September 11, 2018
jarom Wagoner, Senior Planner, 621 Cleveland Blvd., Caldwell, ID 83605, stated the applicant is
requesting to approximately 3 acres with an R-1 (Low Density Residential) zoning designation.
Mr. Mapp asked Mr. Wagoner about the conditions; 8.2 through 8.4 - will there be more
requirements when a subdivision is being proposed?
Mr. Wagoner said yes, that is correct.
Cheryl Garza (applicant), 3907 E. Homedale Road, Caldwell, ID stated that she has lived at this
property since 2001. The reason she is requesting annexation is so that she can sell. Her brother
in law lives on the property and he has an established residence at 3807 Homedale. She wants to
annex and then deed his section off to him and then sell the rest.
Mr. Mapp confirmed that she wants to be annexed into the City and then get City services.
Case No. ANN-18-07 Garza Annexation Page 2 of 5
City Council Order of Decision
Ms. Garza said her brother in law already has a well and septic on his property.
Mr. Mapp asked if she agreed with the conditions in the staff report.
Ms. Garza said yes.
Mr. Mapp reviewed the conditions with Ms. Garza and asked if she understood.
Ms. Garza asked if she would have to do all of that now.
Mr. Wagoner replied that this case will go to City Council and the conditions will most likely be in
a deferral agreement for future construction,
Rani Andrus, 7961 Holt Ct., Boise, ID signed in favor but chose not to speak.
3.2 BEFORE THE MAYOR AND CITY COUNCIL, October 15, 2018
Jarom Wagoner, Senior Planner at 621 Cleveland Blvd. acknowledged being sworn in and outlined
the facts as provided within the staff report. He noted that the owner inhabits the residence at the
site. The parcel fronts Homedale Road. The Hearing Examiner heard the case on September 11,
2018 and recommended approval of the annexation request with an R-1 zoning designation. The
applicant would enter into a Deferral Agreement for improvements of the street and landscaping,
noting that typically such improvements take place when actual development occurs on site. The
dedication of right-of-way must be addressed within 90-days of approval.
Cheryl Garza, 3907 Homedale Road, acknowledged being sworn in and spoke in favor of the request
noting that she concurred with the staff report.
The Mayor reported that Ms. Garza was the only person who signed up to speak.
MOVED by Callsen, SECONDED by Stadick to close the public testimony portion of the hearing.
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
V COMPREHENSIVE PLAN ANALYSIS
The Caldwell City Council accepts the Comprehensive Plan Components as listed below.
5.1 The request was found to be consistent with the following Comprehensive Plan Components:
GOALS AND POLICIES — Property Rights
Goal 1: Ensure that land use policies, restrictions, conditions and fees do not violate private
property rights, adversely impact property values or create unnecessary technical limitations
on the use of the property.
Policy 1-1: Identify potential takings of private property prior to a regulatory or administrative
action on specific property.
GOALS AND POLICIES — Population
Case No. ANN-18-07 Garza Annexation
City Council Order of Decision
Page 3 of 5
C&q
r
Goal 1: Maintain a high quality of life and livability in the community.
Policy 1-1: Plan for anticipated population and households that the community can support with
adequate services and amenities.
GOALS AND POLICIES - Land Use
Goal 1: 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.
Policy 1-1: Guide the growth and development of land uses in such a way that the health, safety,
and general welfare of residents will be protected.
GOALS AND POLICIES - Public Services, Utilities, & Facilities
Goal 1: Ensure that there are adequate public services and infrastructure to meet the needs of
the public.
Policy 1-2: 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.
5.2 The request was not found to be inconsistent with any of the Comprehensive Plan Components.
All adopted city ordinances, standards and codes were used in evaluating the application.
VI FINDINGS OF FACT
6.1 The Caldwell City Council accepts the facts outlined in the staff report, public testimony and the
evidence list. All adopted city ordinances, standards and codes were used in evaluating the
application.
VII CONCLUSIONS OF LAW
7.1 The Caldwell City Council has the authority to hear this case and order 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
8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby
recommends to the Caldwell City Council that Case Number ZON-18-07 a request by Cheryl Garza
to annex 3.03 acres, more or less, with an R-1 (Low Density Residential) zoning designation for the
property located at 3907 E. Homedale Road (Parcel R2140050500) in Caldwell, Idaho, is approved
with the following conditions:
8.2 Comply with all applicable city codes, ordinances, policies, and standards.
8.3 All requirements of federal, state and local laws, rules and regulations in place at the date of
submittal of any applications shall be adhered to in development of the subject property.
8.4 Install a 20-foot wide landscape buffer along Homedale Road abutting the site. The landscape
buffer shall contain a minimum of 14 Class II trees and 70 shrubs and shall contain sod grass so
that the entire buffer area is covered.
Case No. ANN-18-07 Garza Annexation Page 4 of 5
City Council Order of Decision cp
q
IX ORDER OF DECISION
9.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that
Case Number ANN-18-07 a request by Cheryl Garza to annex 3.03 acres, more or less, with an R-1
(Low Density Residential) zoning designation for the property located at 3907 E. Homedale Road
(Parcel R2140050500) in Caldwell, Idaho, is approved with the following conditions:
9.2 Comply with all applicable city codes, ordinances, policies, and standards.
9.3 All requirements of federal, state and local laws, rules and regulations in place at the date of
submittal of any applications shall be adhered to in development of the subject property.
9.4 Install a 20-foot wide landscape buffer along Homedale Road abutting the site. The landscape
buffer shall contain a minimum of 14 Class II trees and 70 shrubs and shall contain sod grass so
that the entire buffer area is covered. The applicant may enter into a deferral agreement for these
improvements in lieu of construction at this time.
9.5 Complete full frontage half street improvements on Homedale Road abutting the property in
accordance with all City of Caldwell standards and specifications. Improvements shall include (but
are not limited to) curb, gutter, sidewalk, asphalt, streetlights, joint trench, communication conduit,
storm drainage facilities, etc. The applicant may enter into a deferral agreement for these
improvements in lieu of construction at this time.
9.6 Dedicate as public right-of-way a minimum forty (40) foot half width right-of-way (from centerline)
along the entire Homedale Road frontage of the subject property (per City Standard R-810 B).
Dedication take place within 90 days of the signing of the Order of Decision.
Case Number ANN-18-07 was heard by the Mayor and City Council at a public hearing held October 15,
2018.
Written Findings of Fact, Conclusions of Law, and Order of Decision were approved by City Council
members and signed by Mayor Nancolas at a regularly scheduled meeting held November 5, 2018.
ATTEST:
Mayor Garret L. Nancolas
�ps*• of CAI 'b
)AN IS •
�CityClerk
Case No. ANN-18-07 Garza Annexation
City Council Order of Decision
Page 5 of 5
cLq
BILL NO.37
ORDINANCE NO. 3167
` 2018-046420 -
RECORDED
10/16/2018 01:22 PM
1111111111111111111111111111111111
00399068201900464200020028
CHRIS YAMAMOTO
CANYON COUNTY RECORDER
Pgs=2 MBROWN NO FEE
ORDINANCE
CITY OF CALDWELL
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY LIMITS
OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS
SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R-1 (LOW
DENSITY RESIDENTIAL) ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS
DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO;
DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID
PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE
ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF
IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63-
215.
BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL, COUNTY OF
CANYON, STATE OF IDAHO.
Section 1. That the Caldwell City Council, upon recommendation of the Caldwell Hearing Examiner and
following the public notice and hearing procedures set forth in Section 10-01-07, Zoning Ordinance No.
1451, approved Case No. ANNA8-07 (Garza Annexation) at a public hearing held 15�' day of October,
2018.
Section 2. The parcel is contiguous to the City of Caldwell, Idaho and the applicant has requested that
said following described property should be annexed into the City of Caldwell as R-1 (Low Density
Residential):
Lot 6 of DEIDE ACRES and the adjacent north half of the right-of-way for Homedale Road, according to
the plat thereof filed in Book 18 of Plats, Page 33, records of Canyon County, Idaho located in the SW '/
SW % of Section 1, Township 3 North, Range 3 West, Boise Meridian, Canyon County, Idaho, being
more particularly described as follows;
COMMENCING at the SW corner of Section 1; thence North 88054'52" East, 456.92 feet along the South
boundary of the SW Y of said Section 1 to the POINT OF BEGINNING; thence North 00°02'22" West,
40.00 feet parallel with the West boundary of said SW '/4 to the SW corner of Lot 6; thence continuing
North 00002'22" West, 316.87 feet along the West boundary of said Lot 6 to the NW corner of said Lot 6;
thence North 88'54'52" East, 337.12 feet to the NE corner of said Lot 6 and a point on the centerline of
the Caldwell Low Line Canal; thence along the Easterly boundary of said Lot 6 and said centerline of the
Caldwell Low Line Canal as follows: Southeasterly 223.44 feet along a curve to the left having a central
angle of 10003'17", a radius of 1273.24 feet, and a long chord bearing South 25°58'28" East, 223.15 feet;
thence Southeasterly 150.25 feet along a curve to the left having a central angle of 20617'00", a radius of
424.41 feet, and a long chord bearing South 41 °08'37" East, 149.46 feet to the SE corner of said Lot 6;
thence leaving said Easterly boundary of said Lot 6. South 51917'07' East, 62.48 feet to a point on said
South boundary of the SW %; thence leaving said centerline of the Caldwell Low Line Canal, South
88°54'52" West, 581.74 feet along said South boundary to the POINT OF BEGINNING. This parcel
contains 3.54 acres, more or less.
r
r
Section 3. That the City Engineer and the Planning and Zoning Director of the City of Caldwell, Idaho,
are hereby instructed to so designate the same above described property on the official zoning map and
other area maps of the City of Caldwell, Idaho as R-1 (Low Density Residential).
Section 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
Section 5. This ordinance shall be in full force and in effect from and after its passage, approval and
publication, according to law.
Section 6. The Clerk of the City of Caldwell, Idaho shall, within 10 days following the effective date of
this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman -like manner
plainly and clearly designating the boundaries of the City of Caldwell, including the land herein annexed,
with the following officials of the County of Canyon, Stale of Idaho, to -wit: the Recorder, Auditor,
Treasurer and Assessor and shall file simultaneously a certified copy of this ordinance with the State Tax
Commission of the State of Idaho, all in compliance with Idaho Code 63-215.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 151h day of October, 2018.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 151" day of October, 2018-
6� -
Mayor Garret L. Nancolas
.•`'p� CAtp''.
Z
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ATTEST:
"1010, ION'. 0, a- 0
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ORDINANCES OF THE CITY OF CALDWEL_L
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3167
REGARDING ANNEXATION AND ZONE DESIGNATION
OF CERTAIN PROPERTY
This ordinance provides for annexation of a parcel of land to be annexed into the City of Caldwell
as R-1 (Low Density Residential) zoning_
Lot 6 of DEIDE ACRES and the adjacent north half of the right-of-way for Homedale Road,
according to the plat thereof filed in Book 18 of Plats, Page 33, records of Canyon County, Idaho
located in the SW Y4 SW % of Section 1, Township 3 North, Range 3 West, Boise Meridian.
Canyon County, Idaho, being more particularly described as follows;
COMMENCING at the SW corner of Section 1; thence North 88°54'52" East, 456 92 feet along
the South boundary of the SW % of said Section 1 to the POINT OF BEGINNING; thence North
00°02'22" West, 40.00 feet parallel with the West boundary of said SW % to the SW corner of Lot
6; thence continuing North 00002'22" West, 316.87 feet along the West boundary of said Lot 6 to
the NW corner of said Lot 6; thence North 88°54'52" East, 337.12 feet to the NE corner of said
Lot 6 and a point on the centerline of the Caldwell Low Line Canal; thence along the Easterly
boundary of said Lot 6 and said centerline of the Caldwell Low Line Canal as follows:
Southeasterly 223.44 feet along a curve to the left having a central angle of 10°03'17". a radius of
1273.24 feet, and a long chord bearing South 25'58'28" East, 223.15 feet; thence Southeasterly
150.25 feet along a curve to the left having a central angle of 20'17'00", a radius of 424.41 feet,
and a long chord bearing South 41 °08'37" East, 149.46 feet to the SE corner of said Lot 6; thence
leaving said Easterly boundary of said Lot 6, South 51017'07" East, 62.48 feet to a point on said
South boundary of the SW %; thence leaving said centerline of the Caldwell Low Line Canal,
South 88054'52" West, 581.74 feet along said South boundary to the POINT OF BEGINNING.
This parcel contains 3.54 acres, more or less.
The Ordinance includes a provision to amend the official maps of the City by designating the
above -described property as R-1 and providing an effective date, which shall be when published
in the Idaho Press Tribune on the 231d day of October 2018. Ordinance No. 3167 was passed by
the Council and approved by the Mayor on the 15th day of October 2018. The full text of the
Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho, The Mayor and
City Council approved the foregoing summary for publication pursuant to Idaho Code 50-901A on
the 151h day of October 2018
Mayor Garret L. Nancolas
ATTEST. City Clerk
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and compete summary of Ordinance
No. 3167 and provides adequate notice to the public as to
the contents of such ordinance.
DATED this 151h day of October 2018.
Mark Hilty, Attorney for City of Caldwell
GARRETNANCOLAS
Mayor
208.455.3011
(f} 208.455.3003
City Hall
411 Blaine Street
Caldwell, Idaho 83605
Post Office Box
P.O. Box 1179
Caldwell, Idaho 83606
For a list of the City
Council members, visit:
Website
www.cityofcaldwell.com
CITY OF
W1"o, 1./
December 11, 2018
Cheryl Mae Garza
3907 E. Homedale Road
Caldwell, ID 83607
RE: Case Number ANN-18-07 (Garza Annexation)
Dear Ms. Garza,
Enclosed for your files pleas find a copy of the above -referenced Order of Decision
as approved by the Caldwell City Council and signed on November 5, 2018 by
Caldwell Mayor Garret L. Nancolas.
Please see Section IX in the Order of Decision for conditions of approval.
Sincerely,
April Cabello
Planning Technician
c
Enclosure
cc: Case File
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