HomeMy WebLinkAboutPlanning & Zoning - Hearing Examinerr
PLANNING AND ZONINGHEARING EXAMINER
ITEM DATE SUBMITTED BY
PZ-1 AGENDA
PZ-2 MINUTES C(-
PZ-3 SIGN-UP SHEET(S)
Pz-4 'a CZmm \4 aJi e -� 1-� ldl
PZ-
CALDWEl1
Regular Caldwell Planning & Zoning Commission Meeting
Tuesday, August 13, 2019, 7:00 p.m.
AGENDA
Call to Order
Review of Proceedings
Roll Call
1. CONSENT CALENDAR:
1) ACTIONITENI: Approve Minutes of the July 9, 2019 meeting as signed by Chairperson Vance.
I1. NEW BUSYNESS:
1) ACTIOiV ITEAP Case Number SUP-19-14: A request by Elva and James Gannon for a special -
use pen -nit to construct a Secondary Dwelling Unit within the C-C (City Center) zoning district.
The subject property is located at 422 Dearborn Street (Parcel # R0653300000) in Caldwell,
Idaho.
2) ACTION ITEAL• Case Number SUP-19-17: A request by Stephen & Stephanie Legeman for a
special -use permit to convert an existing building into a Duplex within the CA (Neighborhood
Commercial) zoning district. The subject property is located at 5105 S. 10"' Avenue (Parcel #
R3256800000) in Caldwell, Idaho.
3) ACTION ITEA L Case Number ANN-19-05/SUP-19-15: A request by the City of Caldwell to
annex 37.4 acres, more or less, with an R-2 (Medium Density Residential) zoning designation
with a Comprehensive Plan Map Change from Industrial to Public Open Space and a Special -Use
Permit to allow for a public park. The subject property is located on the east side of Pond Lane,
approximately 3,800 feet south of Hwy 20/26 (Parcel # R3496400000) in Caldwell, Idaho.
4) ACTION ITEAL Case Number ANN-19-06/SUP-19-16: A request by the City of Caldwell to
annex 5 acres, more or less, with an R-1 (Low Density Residential) zoning designation with a
Comprehensive Plan Map Change from Commercial to Public Open Space and a Special -Use
Permit to allow for a public park. The subject property is located at 2323 E Ustick Road (Parcel #
R3583200000) in Caldwell, Idaho.
5) ACTIONITEA1. Case Number OA-19-02: A request by the Caldwell Planning and Zoning
Department to amend the City of Caldwell Comprehensive Plan and the City of Caldwell
Comprehensive Plan Map.
6) ACTION ITEA1, Case Number OA-19-03: A request by the City of Caldwell Planning and
Zoning Department to amend portions of Chapter 10, the Zoning Ordinance, of City Code.
III. Planning and Zoning Issues, if any.
IV. Adjournment.
Next Regular Planning and Zoning Commission Meeting is on Tuesday, September 10, 2019 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 Office at 2058-455-3021
prior to the meeting. The agenda packet and minutes can be viewed on the City of Caldwell's website:
www.cityofcaldwell.com. Cualquier persona necesitando comodidades especiales para participar en la
reunion debe contactar al las oficinas de la Ciudad o llame a 208-455-3021 antes de la reunion.]
r ��
A
CITY OF CALDWELL
CALDWELL PLANNING AND ZONING COMMISSION MINUTES
Community Room, Caldwell Police Department
110 South 51h Avenue, Caldwell, Idaho
August 13, 2019, 7:00 P.M.
Call to Order -Commissioner Vance called the meeting to order at 7:03 p.m.
Review of Proceedings -
Roll Call -
Members Present: Jim Nelson, Roger Page, Dana Vance, Kyle Keller
Members Absent: Ed Doty- Pomoransky, Betsy Hunsicker
Staff Present: Jarom Wagoner, Senior Planner/Development Team Leader; Lori Colligan
Administrative Secretary; Jerome Mapp, Planning & Zoning Director
Staff Absent: Robb MacDonald, City Engineer
Old Business: Approve minutes of July 9, 2019, regular meeting as previously signed by
Commissioner Vance.
MOTION: Commissioner Nelson. SECOND: Commissioner Page. Passed: Unanimous roll call vote.
New Business:
Motion to move Case Number OA-19-02 to be the first case heard tonight: Commissioner Keller.
SECOND: Nelson. Passed: Unanimous voice vote.
1. Case Number OA-19-02: A request by the Caldwell Planning and Zoning Department to
amend the City of Caldwell Comprehensive Plan and the City of Caldwell Comprehensive Plan Map.
Jerome Mapp explained the process of creating and approving a Comprehensive Plan and Map and
the amendments/additions in this request.
Mr. Joe Weitz, 16909 Marsing Road, Caldwell, ID stated his property was in the Comp Plan but got
left out of the 2040 plan. That's they only reason he is here.
Mr. Ryan Cantlon, 950 W Bannock, Boise, ID signed in approval but chose not to speak.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Nelson. SECOND: Commissioner Page.
Passed: Unanimous voice vote.
RECOMMENDATION FOR OA-19-02 (Ordinance Amendment) MOTION to approve
Comprehensive Plan and Map with additions mentioned by Jerome Mapp. Commissioner
Page i 1
Planning and Zoning Minutes
Nelson that Case Number OA-19-02 be approved. SECOND: Commissioner Page. Passed:
Unanimous roll call vote.
2. Case Number SUP-19-14: A request by Elva and James Gannon for a special -use permit to
construct a Secondary Dwelling Unit within the C-C (City Center) zoning district. The subject
property is located at 422 Dearborn Street (Parcel # R0653300000) in Caldwell, Idaho.
Testimony:
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting to construct a Secondary Dwelling Unit within the C-
C (City Center) Zoning District.
Commissioner Vance asked if a secondary dwelling within the City Center is not allowed outright.
Mr. Wagoner stated that is correct.
Elva Gannon, 2875 E Bourbon St., Meridian, ID (applicant), stated her and her husband bought this
house about 4 years ago and significantly improved the property. There is an out building they
wish to convert into another dwelling.
Commissioner Nelson asked if they intended to rent it out.
Ms. Gannon stated yes.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page. SECOND: Commissioner Nelson.
Passed: Unanimous voice vote.
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Nelson. SECOND:
Commissioner Page. Passed: Unanimous voice vote.
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed and the evidence list. MOTION: Commissioner Page. SECOND: Commissioner
Nelson, Passed: Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Nelson. SECOND: Commissioner Page. Passed:
Unanimous voice vote.
ORDER FOR SUP-19-14 (Special Use) MOTION: Commissioner Page that Case Number SUP-19-14
be approved with the following conditions: 8.2 — 8.5 SECOND: Commissioner Nelson. Passed:
Unanimous roll call vote.
3. Case Number SUP-19-17: A request by Stephen & Stephanie Legeman for a special -use
permit to convert an existing building into a Duplex within the C-1 (Neighborhood Commercial)
zoning district. The subject property is located at 5105 S. 10th Avenue (Parcel # R3256800000) in
Caldwell, Idaho.
Testimony:
Page 2
Planning and Zoning Minutes
PZ%
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting to convert an existing building into a Duplex within
the C-1 (Neighborhood Commercial) Zoning District.
Mr. Stephen Legeman, 5107 S loth Ave., Caldwell, ID (applicant) stated the purpose is to convert
into apartments for their widowed mothers to live there.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page, SECOND: Commissioner Nelson.
Passed: Unanimous voice vote.
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Nelson. SECOND:
Commissioner Keller. Passed: Unanimous voice vote
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed and the evidence list. MOTION: Commissioner Keller. SECOND: Commissioner
Page. Passed: Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Page. SECOND: Commissioner Keller. Passed:
Unanimous voice vote.
ORDER FOR SUP-19-17 (Special Use) MOTION: Commissioner Page that Case Number SUP-19-17
be approved with the following conditions: 8.2-8.4 SECOND: Commissioner Keller. Passed:
Unanimous roll call vote.
4. Case Number ANN-19-05/SUP-19-15: A request by the City of Caldwell to annex 37.4
acres, more or less, with an R-2 (Medium Density Residential) zoning designation with a
Comprehensive Plan Map Change from Industrial to Public Open Space and a Special -Use Permit to
allow for a public park. The subject property is located on the east side of Pond Lane, approximately
3,800 feet south of Hwy 20/26 (Parcel # R3496400000) in Caldwell, Idaho.
Testimony:
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting to annex 37.9 acres with an R-2 zoning designation
so as to operate a city park on the premises.
Commissioner Page stated his concern is maintenance, especially being a "nature" park. Will it just
be a nature park?
Mr. Wagoner stated it will mostly be a nature park and there will be picnic tables and will require
some maintenance. They can add some vegetation that is low maintenance.
Commissioner Vance asked if there will be bathroom facilities.
Mr. Wagoner stated he is not sure if the Commission feels that is appropriate they can add that as a
condition.
Page 13
Planning and Zoning Minutes
P19-
Commissioner Vance confirmed if it was a private developer if they would they be allowed to use
portable toilets?
Mr. Wagoner stated no that is not allowed.
Commissioner Page asked if there will be any type of trail(s)?
Mr. Wagoner stated yes but those details have not been decided yet. There is a plan to have a
pathway around the entire pond area.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page. SECOND: Commissioner Nelson.
Passed: Unanimous voice vote.
ANNEXATION:
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Nelson, SECOND:
Commissioner Keller. Passed: Unanimous voice vote
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Nelson. SECOND: Commissioner Keller. Passed:
Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Keller. SECOND: Commissioner Nelson. Passed:
Unanimous voice vote.
RECOMMENDATION FOR ANN-19-05 (Annexation) MOTION: Commissioner Keller that Case
Number ANN-19-05 be approved with the following conditions: 8.2 - 8.3 SECOND: Commissioner
Nelson. Passed: Unanimous roll call vote.
SPECIAL USE:
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Keller. SECOND:
Commissioner Nelson. Passed: Unanimous voice vote
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Nelson. SECOND: Commissioner Keller. Passed:
Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Keller. SECOND: Commissioner Nelson, Passed:
Unanimous voice vote.
ORDER FOR SUP-19-15 (Special Use) MOTION: Commissioner Page that Case Number SUP-19-15
be approved with the following conditions: 12.2 —12.6 with the addition of Condition 12.7 that the
City shall construct and maintain bathrooms in the vicinity of the park within 24 months and
construct paved trails within 36 months. SECOND: Commissioner Nelson. Passed: Unanimous roll
call vote.
Page 14
Planning and Zoning Minutes
r
S. Case Number ANN-19-06/SUP-19-16. A request by the City of Caldwell to annex 5 acres,
more or less, with an R-1 (Low Density Residential) zoning designation with a Comprehensive Plan
Map Change from Commercial to Public Open Space and a Special -Use Permit to allow for a public
park. The subject property is located at 2323 E Ustick Road (Parcel # R3583200000) in Caldwell,
Idaho.
Testimony:
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting to annex 5 acres with an R-1 zoning designation so
as to operate a city park on the premises. This will basically be an expansion to Brother's Park.
Commissioner Nelson asked if there is fence around the property in the SE corner.
Mr. Wagoner stated that home is vacant and is in very poor condition and will be removed.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Nelson. SECOND: Commissioner Keller.
Passed: Unanimous voice•vote.
Annexation:
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Nelson. SECOND:
Commissioner Keller. Passed: Unanimous voice vote
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Page. SECOND: Commissioner Nelson. Passed:
Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Keller. SECOND: Commissioner Nelson.
Passed: Unanimous voice vote.
RECOMMENDATION FOR ANN-19-06 (Annexation) MOTION: Commissioner Page that Case
Number ANN-19-07 be approved with the following conditions: 8.2 - 8.3 SECOND: Commissioner
Nelson. Passed: Unanimous roll call vote.
ecial Use Permit:
Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Page. SECOND:
Commissioner Nelson. Passed: Unanimous voice vote
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Keller. SECOND: Commissioner Nelson. Passed:
Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Nelson. SECOND: Commissioner Page. Passed:
Unanimous voice vote.
Page 15
Planning and Zoning Minutes
f -L'/
r r
ORDER FOR SUP-19-16 (Special Use) MOTION: Commissioner Keller that Case Number SUP-19-
16 be approved with the fallowing conditions. 12.2 - 12.7 SECOND: Commissioner Page. Passed:
Unanimous roll call vote.
6. Case Number OA-19-03: A request by the City of Caldwell Planning and Zoning
Department to amend portions of Chapter 10, the Zoning Ordinance, of City Code. (Applicant has
requested this be moved to the September 10, 2019 meeting.)
MOTION to move this case to the September 10, 2019 meeting: Passed: Unanimous roll call vote.
V. Planning Issues -
A. Next Planning and Zoning Commission Scheduled Public Meeting Date:
September 10, 2019.
VII. Adjournment MOTION: Commissioner Hunsicker SECOND: Commissioner Page.
The meeting was adjourned at approximately 8:20 p.m.
MINUTES APPROVED AND SIGNED BY COMMISSIONER DANA VANCE ON THE DATE NOTED
BELOW:
C�iiti�. �C�LC�
Dana Vance, Vice -Chair
ATTEST:
Nom goner, AICP, Senior Planner
9 - 4 -zolq
Date
FOR DETAILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING.
Page 16
Planning and Zoning Minutes
pzqr
r
Recommendation and Order of Decision
By the Caldwell Planning & Zoning Commission
City of Caldwell, Idaho
Public Hearing Held August 13, 2019
Subject: Case No. ANN-19-05/SUP-19-15 (Pond Lane Annexation & SUP)
The following Land Use Action is the primary feature of this application:
• Annex 37.9 acres, more or less, with an R-2 (Medium Density Residential) zoning designation
and Comprehensive Plan Map Change from Industrial to Public Open Space
• Special -Use -Permit to construct and operate a public park
TABLE OF CONTENTS:
1 COURSE OF PROCEEDINGS
II GENERAL FACTS
III TESTIMONY
IV APPLICABLE LEGAL STANDARDS
V COMPREHENSIVE PLAN ANALYSIS - ANNEXATION
VI FINDINGS OF FACT - ANNEXATION
VII CONCLUSIONS OF LAW - ANNEXATION
VIII RECOMMENDATION - ANNEXATION
IX COMPREHENSIVE PLAN ANALYSIS - SPECIAL USE PERMIT
X FINDINGS OF FACT - SPECIAL USE PERMIT
XI CONCLUSIONS OF LAW - SPECIAL USE PERMIT
Xli ORDER OF DECISION - SPECIAL USE PERMIT
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application
ANN-19-05/SUP-19-15 to be held before the Caldwell Planning & Zoning Commission on August
13, 2019. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were
met. On, or before, July 28, 2019, notice was published in the Idaho Press Tribune, and on, or before,
July 26, 2019 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 1, 2019 notice was
posted on the site.
1.2 On August 13, 2019 the Caldwell Planning & Zoning Commission recommended approval of the
annexation request and approved the special -use permit request.
1.3 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: City of Caldwell, 411 Blaine Street, Caldwell, Idaho, 83605.
2.2 REQUEST: The applicant is requesting to annex 37.9 acres with an R-2 zoning designation so as to
operate a city park on the premises.
Case No. ANN-19-05/SUP-19-15 Pond Lane Annexation Page 1 of 5
P&Z Commission Recommendation and Order of Decision
2.3 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map designation for the
site is Light Industrial. The applicant is requesting a Comprehensive Plan Map Change to Public
Open Space
COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
Land Use: The subject property is surrounded by the following land uses:
Direction
ZQne
Comprehensive Map
lime
Site
County
Industrial
Pond
North
County
Industrial
Gravel Pit
South
County
Industrial
Railroad Tracks
East
M-1/11-2
Public Open Space
Public Park
West
County
Industrial
Sporadic Residential
2.4 Transp-Qmution/Connectivity: The subject property has frontage onto Pond Lane, a collector
roadway.
2.5 Public Services. Utilities and Facilities: The engineering department, fire marshal, building
department, police department, Canyon Highway District #4, Canyon County DSD, Bureau of
Reclamation, Idaho Fish and Game, and Pioneer Irrigation District were all sent a request for
comment on June 19, 2019.
2.6 Parking: As per Section 10-02-05 of City Code, parking should be required for this project. City Code
requires paved parking areas, including all access roads and driveways. According to Table 4 of
City Code 10-02-05(3) city parks require 3 parking stalls per 1 acre of land. The subject property
is 37.9 acres, however approximately 14 acres of that area is an existing pond and an additional 4
acres of area that would be required for future right-of-way leaving a net balance of approximately
20 acres. This would require approximately 60 parking stalls. Due to the nature of the park, as a
natural park rather than a sports park, staff is recommending a 50% reduction in the required
number of parking stalls, to 30.
2.7 Landscaping: As per Section 10-07-02(2) of City Code, landscaping should be required for this
project. City Code requires a 15-foot wide grass landscape buffer along Pond Lane. The applicant
should be required to provide 1 Class II tree for every 35 feet of linear frontage and 1 shrub for
every 7 linear feet of frontage. It is recommended that the street landscape buffer be required at
time of construction of Pond Lane along the west boundary of the site.
III PUBLIC TESTIMONY
3.1 Before the Planning & Zoning Commission, August 13, 2019
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff
report. Mr. Wagoner stated the applicant is requesting to annex 37.9 acres with an R-2 zoning
designation so as to operate a city park on the premises.
Commissioner Page stated his concern is maintenance, especially being a "nature" park. Will it
just be a nature park?
Mr. Wagoner stated it will mostly be a nature park and there will be picnic tables and will require
some maintenance. They can add some vegetation that is low maintenance.
Commissioner Vance asked if there will be bathroom facilities.
Case No. ANN-19-o5/SUP-19-15 Pond Lane Annexation Page 2 of 5
P&Z Commission Recommendation and Order of Decision
f7,4
r
Mr. Wagoner stated he is not sure if the Commission feels that is appropriate they can add that as
a condition.
Commissioner Vance confirmed if it was a private developer if they would they be allowed to use
portable toilets?
Mr. Wagoner stated no that is not allowed.
Commissioner Page asked if there will be any type of trail(s)?
Mr. Wagoner stated yes but those details have not been decided yet. There is a plan to have a
pathway around the entire pond area.
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 - ANNEXATION
The Caldwell Planning & Zoning Commission 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 - 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.
5.2 The request was not found to be inconsistent with any of Comprehensive Plan Components.
All adopted city ordinances, standards and codes were used in evaluating the application.
VI FINDINGS OF FACT - ANNEXATION
6.1 The Caldwell Planning & Zoning Commission 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.
Case No. ANN-19-05/SUP-19-15 Pond Lane Annexation Page 3 of 5
P&Z Commission Recommendation and Order of Decision
r�
VII CONCLUSIONS OF LAW - ANNEXATION
7.1 The Caldwell Planning & Zoning Commission has the authority to hear this case and recommend to
the Mayor and City Council 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 - ANNEXATION
8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning & Zoning Commission
hereby recommends to the Mayor and City Council that Case Number ANN-19-05 a request by the
City of Caldwell to annex 37.4 acres, more or less, with an R-2 (Medium Density Residential) zoning
designation with a Comprehensive Plan Map Change from Industrial to Public Open Space for the
property located on the east side of Pond Lane, approximately 3,800 feet south of Hwy 20/26
(Parcel # R3496400000) in Caldwell, Idaho is approved with the following conditions of approval:
8.2 Comply with the 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.
IX COMPREHENSIVE PLAN ANALYSIS - SPECIAL -USE PERMIT
The Caldwell Planning & Zoning Commission accepts the Comprehensive Plan Components as listed
below.
9.1 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: Establish a sound basis for land use and environmental regulations through
comprehensive planning and adopted policies and ordinances.
GOALS AND POLICIES - Land Use
Goal1: 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.
9.2 The request was not found to be inconsistent with any of Comprehensive Plan Components.
All adopted city ordinances, standards and codes were used in evaluating the application.
X FINDINGS OF FACT - SPECIAL -USE PERMIT
10.1 The Caldwell Planning & Zoning Commission accepts the facts outlined in the staff report, public
testimony and the evidence list. All adopted city ordinances, standards and codes were used in
Case No. ANN-19-05/SUP-19-15 Pond Lane Annexation Page 4 of 5
P&Z Commission Recommendation and Order of Decision
evaluating the application. The proposed use is conditionally permitted by the terms of the
ordinance and is subject to conditions of approval.
XI CONCLUSIONS OF LAW - SPECIAL USE PERMIT
11.1 The Caldwell Planning & Zoning Commission 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.
XII ORDER OF DECISION - SPECIAL USE PERMIT
12.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning & Zoning Commission
hereby orders that Case Number SUP-19-15 a request by the City of Caldwell for a Special -Use
Permit to allow for a public park for the property located on the east side of Pond Lane,
approximately 3,800 feet south of Hwy 20/26 (Parcel # R3496400000) in Caldwell, Idaho, is
approved with the following conditions of approval:
12.2 Comply with the all applicable city codes, ordinances, policies, and standards.
12.3 Install a minimum 15-foot wide landscape buffer along the future extension of Pond Lane,
abutting the site on the west. The buffer shall contain a minimum of 1 Class II tree for every 35
feet of frontage and 1 shrub for every 7 feet of frontage, along with sod turf grass ground cover as
required by City Code Chapter 10-07. This condition shall be completed in conjunction with the
future construction of Pond Lane.
12.4 Install a minimum 6-foot tall, solid sight -obscuring fence along the property line in the northeast
corner of the property abutting 21480 Pond Lane (Parcel R3496300000) and 21482 Pond Lane
(Parcel R3496500000).
12.5 Provide a minimum of 30 parking spaces. The parking lot shall be paved and meet City of Caldwell
Landscape Ordinance requirements. The parking lot shall be constructed prior to the opening of
the park.
12.6 Final approval shall be contingent upon the City Council approving the requested annexation, ANN-
19-05. If that annexation is not approved and/or finaled, it shall null and void any other approvals.
12.7 Restroom facilities shall be constructed in the immediate vicinity of the park prior to its opening to
the general public.
Case Number ANN-19-05 and SUP-19-15 were heard by the Caldwell Planning & Zoning Commission at a
public hearing held August 13, 2019.
The Findings of Fact, Conclusions of Law, Recommendation, and Order of Decision were administratively
approved and signed by the Planning & Zoning Chairman on the date noted below.
Chairman
9�i
Date
ATTEST:
rom paoner, AICP
Seniorner
Case No. ANN 19 05/SUP 19-15 Pond Lane Annexation
P&Z Commission Recommendation and Order of Decision
Page 5 of 5
?7q