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APPLICANT
ITEM
DATE
SUBMITTED BY
A-1 APPLICATION & RECEIPT
A-2 WRITTEN DESCRIPTION
A- SITE PLAN R`PtAT:,
A-4 VICINITY MAP
A-5 ASSESSOR'S MAP
A-6 ASSESSOR'S ROLL
A-7 TRAFFIC IMPACT STUDY
A-8 NEIGHBORHOOD MEETING FORM
A-9 CD - LEGAL DESCRIPTION (POCKET)
A-10 DEED
A-11 LANDSCAPING PLAN APPLICATION
A-12 LANDSCAPING PLAN
A-13CORA O o�an -2
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A-15
A-16
A-17
A-18
A-19
A-20
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Memorandum
To: Brian Billingsley
CC:
From: MARK HILTY
Date: December 24, 2015
Re: City of Caldwell Impact Area Notice and Hearing Requirements
ATTORNEY -CLIENT PRIVILEGE COMMUNICATION
QUESTION PRESENTED: What notice and hearing procedures are required for processing formal
decisions by the Caldwell Planning and Zoning Commission and Caldwell City Council on adoption or
amendment of the Area of Impact map and Area of Impact "Plans and Ordinances" Ordinance?
The notice and hearing requirements for P&Z and City Council action on the two components of an
Impact Area agreement (map and a "plans and ordinances" ordinance) are set forth in Idaho Code 67-
6526(a). That section simply incorporates the comprehensive plan notice and hearing requirements of
Idaho Code 67-6509. Idaho Code 65-6718 applies to land use ordinances in general (which may include
the two Impact Area ordinances) and also incorporates 67-6509 procedures.
Idaho Code 67-6509 requires:
1. At least one (1) public hearing each by the P&Z and City Council.
2. At least fifteen (15) days prior to the hearing publish a notice in the official paper stating:
a. the time and place of the hearing
b. a summary of the matters to be discussed
3. At least fifteen (15) days prior to the hearing, make the notice available to other papers, radio
and television stations serving the jurisdiction for use as a public service announcement
4. At least fifteen (15) days prior to the hearing, send the notice to all political subdivisions
providing services within the planning jurisdiction, including school districts and the manager or
person in charge of the local public airport
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The foregoing requirements will apply to all formal actions by the P&Z or City Council on Impact Area
matters. 5o, if you plan to process the map separately from the "plans and ordinances" ordinance, you
will need to go through the notice and hearing process twice for P&Z and twice for City Council.
Finally, there are a couple procedural rules you should bear in mind that are a little different with
respect to City Council action:
1. Notice of the P&Z recommendation shall be included in the notice of public hearing for action by
the City Council
2. The City Council shall not hold a public hearing, give notice of a proposed hearing, nor take
action upon the matter until recommendations have been received from P&Z
3. Following consideration by the City Council, if it makes a material change in the P&Z
recommendation or alternative options contained in the recommendation, further notice and
hearing shall be provided before the City Council passes the Impact Area ordinance
We discussed more specific notice efforts such as posting and direct mailing to affected property
owners. The foregoing analysis should be read as the minimum statutory notice and hearing
requirements. They must be met. However, any additional steps to notify or inform the public is at the
discretion of the City.
This memorandum is a confidential attorney -client communication and should be kept confidential. If
you have questions about our advice in this memorandum, they should be discussed in an executive
session pursuant to Idaho Code § 67-2345(d), the consideration of records that are exempt from
disclosure.
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APPLICATIOC .=OR COMPREHENSIVE PLAN Mr CHANGE Revised 06;2013
City of Caldwell Planning and Zoning Department
621 E. Cleveland Blvd., Caldwell, ID 83605
Phone: (208) 455-3021
PROPERTY OWNER: PHONE:
PROPERTY OWNER ADDRESS:
*PROPERTY OWNER EMAIL:
(*Requested so we may email the property owner our Staff Report)
City, State, Zip:
DEVELOPER NAME: _ .,t _ OT �al dw-e PHONE: AS S 3 o z �
DEVELOPER ADDRESS: o . +o vC i t City, State, Zip: CaL 1dulcl�
*DEVELOPER EMAIL:
(*Requested so we may email the developer our Staff Report)
ENG/SURV/PLANNER NAME: PHONE:
ENGISURV/PLANNER ADDRESS: City, State, Zip:
*ENGISURV/PLANNER EMAIL:
(*Requested so we may email the engineerlsurvlplanner our Staff Report)
SITE PARCEL #: R_,&�
(The R number is the tax ID num er and is obtained from the county assessor's office)
SITE ADDRESS: 5cc ffiw -1 r 4-L err 4ics
TOTAL # OF ACRES BEING CLASSIFIED: REQUESTED MAP CLASSIFICATION: e% . . eix cl
CURRENT COMPREHENSIVE PLAN MAP CLASSIFICATION: '3ovc.Je-y1 , -eiv
I understand this application shall not be considered complete (nor shall a hearing date be scheduled) until all
required information has been submitted and said information has been verified by the Senior Planner. All the
information, statements, attachments and exhibits transmitted with this application are true to the best of my
knowledge.
PROPERTY OWNER SIGNATURE
DATE
DEVELOPER SIGNATURE DATE ! Z`3 O -1.I'
ENG/SURVIPLANNER SIGNATURE DATE
FOR OFFICE USE ONLY
Date Received: Received by:
Application for Comprehensive Plan Map Change Page I of 2
,a I
Revised 06/2013
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The following attachme SHOULD accompany this , plication:
Developer P&Z
Initials Verified
1.
Site Plan/Map — 8 '/2 x 11
2.
Written description of request.
3.
Copy of all pages of the recorded deed for the site (obtained
from the Canyon County Recorder's Office on the 2"d floor of the county
courthouse).
4.
Typed in Word format, and saved on a CD OR emailed to
applicable Planning and Zoning Staff, the metes and bounds
legal description for the site for which the Comprehensive
Plan Map change is being requested.
5.
List of property owners within 300' of the site with names,
addresses and ID numbers (obtained from the Canyon County Plat
Room on the V floor of the county courthouse).
6.
50% reduced copy of the assessor's plat map for the entire
section, township, range that the site sits in (must be obtained
from the Canyon County Plat Room on the 3►d floor of the county courthouse).
7.
Application Fee (checks payable to City of Caldwell. Please ask the Senior
Planner for the correct application fee).
PLEASE NOTE: If this application is being submitted
concurrently with an annexation, rezone or
preliminary plat request, you do not need
to submit the same attachments twice.
Application for Comprehensive Plan Map Change Page 2 of 2
Caldwell Impact Area Expansion
745
City
0' C 1"",e"
Exhibit 'A'
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RESOLUTION NO.
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RESOLUTION ENACTED BY THE- CALDWI;LI. CITY CO[;NCII. FORMALLY
REQUES KING CANYON COUNTY TO AMEND THE ARIA OF CITY fi%,IPACT
BOUNDARY.
WHEREAS, pursuant to Idaho Code 67-6526, the City of Caldwell has adopted and
maintained an Area of City Impact boundary to manage future growth and development of the
City and the City's area of impact; and,
WHEREAS, the City of Caldwell and Canyon County adopted the current Area of City
Impact boundary on June I, 2005; and,
WHEREAS. the Mayor and City Caldwell reserves the right to request reconsideration of
the boundary when municipal growth expands up to or beyond the current Area of Impact
boundary; and,
WHEREAS, the Mayor and City Council have deemed it appropriate to amend and
update the Area of City Impact; and,
WHEREAS, the Mayor and City Council have determined the areas proposed to be added
to the Area of City Impact can reasonably be annexed into the City of Caldwell within the next
twenty years; and,
WHEREAS, the Mayor and City Council have successfully negotiated a property swap
with the Mayor and City Council of the City of Nampa that would improve each city's ability to
provides services to future development.
NOW, THEREFORE, BE 1T RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF CALDWELL,, IDAHO AS FOLLOWS:
SECTION l : ACTION. Pursuant to Section 67-6526 of Idaho Code, the Mayor and City
Council formerly agrees to amend the Area of City Impact boundary.
SECTION 2: AUTHORIZATION. The Mayor and City Council authorize the Public
Works Director and Planning & Zoning Director to negotiate the Area of City Impact boundary
with Canyon County.
SECTION 3: MEETING WAIVER. The City of Caldwell requests to waive the required
negotiation meeting with Canyon County and proceed immediately with hearings on our request.
SECTION 4: AREA OF IMPACT MAP, Me Mayor and Cite Council wish to adopt the
boundary shown on the map attached to this resolution as Exhibit'A as its newv Area of City
Impact boundary.
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SEC"I ION 5. FI'FECT IVE DATF- This resolution shall be in full force and effect
immediately upon its adoption.
PASSED BY THE COUNCIL of the City of -Caldwell this 21" day of December, 2015.
APPROVED BY TI IE MAYOR of the City of Caldwell this 21"day of December, 2015.
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Garret Nancolas .Mayor
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ATTEST,
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December 22, 2015
Ms. Tricia Nilsson, AICP
Community Development Director
Canyon County Development Services
111 N. 11th Avenue, Suite #140
Caldwell, ID 83605
RE: Caldwell Area of Impact Expansion
Dear Ms. Nilsson,
Ph: 208.455.3000
Pax: 208.455.3003
www.cityofcaldwell.com
The Trea�jitre of the Valley
The City of Caldwell respectfully requests that Canyon County begin formal proceedings on
amending the City of Caldwell's impact area to the boundaries shown on the attached map.
The areas proposed within the boundary can reasonably be annexed and served by Caldwell
within the next 20 years based upon forecasted growth trends.
The Caldwell City Council formally adopted Resolution #202-15 on December 21, 2015, which
gives city staff the authority to negotiate a new boundary for our area of city impact. We
wish to waive the required formal negotiation meeting and directly proceed with hearings on
our request. In addition, we have been working with the City of Nampa to clean up a few
issues with the current boundary that separates our two cities. I am happy to report Nampa
and Caldwell have agreed on a new boundary and I hope that you will consider our requests
simultaneously.
We respectfully request that the County move forward with Caldwell's impact area request.
Should you need more information, please do not hesitate to contact me at 455-4666.
Sincerely,
Brian K. Billingsley, AICP
Planning & Zoning Director
Attachment: Resolution #202-15
cc: Mayor Garret Nancolas
Members of the Caldwell City Council
Brent Orton, Public Works Director
Norman Holm, Nampa Planning Director
AMERICA
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City Hall . 411 Blaine Street • P.O. Box 1179 . Caldwell, Idaho 83606 . 208.455.3000