HomeMy WebLinkAboutPlanning & Zoning - Hearing ExaminerPLANNING AND ZONINGIHEARING EXAMINER
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RECOMMENDATION
BY THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD AUGUST 13, 2013
SUBJECT: Case No. OA-154-13 (Annual Zoning Ordinance Update)
TABLE OF CONTENTS:
I. COURSE OF PROCEEDINGS
II. GENERAL FACTS
III. APPLICABLE LEGAL ANALYSIS
IV. TESTIMONY
V. COMPREHENSIVE PLAN ANALYSIS
VI. RECOMMENDATION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application OA-154-13, to be held before the Caldwell Planning and Zoning Commission on
August 13, 2013. Public notice requirements set forth in Idaho Code, Chapter 65, Local
Planning Act, have been met. On July 28, 2013 notice was published in the Idaho Press
Tribune. Notice was sent to all political subdivisions located within Caldwell's area of impact
and within the City of Caldwell on July 26, 2013.
1.2 On August 13, 2013, the Planning & Zoning Commission voted to recommend approval of
the ordinance amendment with modifications to the land use table for payday loan
establishments.
1.3 Files and exhibits relative to this application are available for review in the Caldwell Planning
and Zoning Department, 621 Cleveland Blvd., Caldwell as well as applicable public hearings.
II GENERAL FACTS
2.1 APPLICANT: Planning and Zoning Department, 621 Cleveland Blvd., Caldwell, ID 83605.
2.2 REQUEST: This is a proposal from the City of Caldwell's Planning and Zoning Department to
amend portions of Chapter 10 of City Code.
2.3 TEXT CHANGE CONSIDERATIONS:
See draft ordinance.
OA-154-13 (Annual Zoning Ordinance Update) Page i of 4
Planning and Zoning Commission Recommendation
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III APPLICABLE LEGAL STANDARDS
3.1 City of Caldwell Zoning Ordinance, as amended.
3.2 City of Caldwell Comprehensive Plan, as amended.
3.3 Idaho Code, Title 67, Chapter 65, Local Planning Act
IV TESTIMONY BEFORE THE PLANNING AND ZONING COMMISSION, AUGUST 13, 2013
4.1 Brian Billingsley, 621 Cleveland Blvd., Caldwell, ID 83605, Planning Director, presented the
staff report as written and presented the proposed amended ordinance language.
4.2 Discussion was held amongst the commissioners and staff regarding Home Occupations
section 10-02-09(7) confirming the only changes being made is to allow scheduled or
unscheduled inspections.
4.3 Discussion was held amongst the commissioner and staff regarding the Table 1 Land Use
Schedule section 10-02-02 and Land Use Schedule for Mixed Use District 10-13-03 confirming
the attempt is to only allow Payday Loan/Title Loan/Quick Loan Establishments to be in
industrial zones.
4.4 Ken Scholz, 2411 Carnegie Street, Caldwell, ID 83607, spoke in favor of the amendment to
section 10-02-02 Land Use Schedule limiting Payday Loan/Title Loan/Quick Loan
Establishments to M-1 and I-P zones. Mr. Scholz gave his testimony why the listed types of
businesses should not be allowed.
4.5 John Diaz, 820 Arthur, Caldwell, ID 83605, spoke in opposition of the amendment to section
10-02-02 Land Use Schedule limiting Payday Loan/Title Loan/Quick Loan Establishments to
M-1 and I-P zones. Mr. Diaz expressed his concern of Big Brother taking control. Many of his
customers are police officers, bankers, city workers; people who work in the court system and
would take great offense. He does not see how changing the allowed zones help anything.
4.6 James Wylie, 1676 N. Clarendon Way, Eagle, ID 83616, spoke in opposition of the
amendment to section 10-02-02 Land Use Schedule limiting Payday Loan/Title Loan/Quick
Loan Establishments to M-1 and I-P zones. Mr. Wylie expressed his concern because he
owns property all over the area and three properties are in Caldwell. He has found that Payday
Loan tenants are much cleaner and professional and he would much rather have a Payday
Loan in his buildings than a restaurant because they are cleaner and a lot less turn over. The
biggest problem is the City is trying to deter business from coming to Caldwell and as a
building owner that is very discouraging. You cannot legislate everything; people have to take
personal responsibility for their own decisions.
4.7 Mr. Billingsley gave rebuttal testimony with regards to the opposition of section 10-02-02 Land
Use Schedule limiting Payday Loan/Title Loan/Quick Loan Establishments. Mr. Billingsley
explained the commission has three options. First option is the commission can approve the
ordinance as presented; the second option is the commission can make changes to the land
use table and add Payday Loan/Title Loan/Quick Loan Establishments as a special use or
permitted use in other zones. Mr. Billingsley recommended the commission do not permit
Payday Loan/Title Loan/Quick Loan Establishments at all in any of the residential zones, also
does not recommend allowing it in C-1 or C-4, heavy industrial zones, airport district, college
district, nor in the hospital district. Mr. Billingsley recommend if the commission wants to make
changes to the ordinance, the commission could make a recommendation to make Payday
OA-154-13 (Annual Zoning Ordinance Update) Page 2 of 4
Planning and Zoning Commission Recommendation
Loan/Title Loan/Quick Loan Establishments a permitted or special use in C-2 or C-3 zones.
The third option is to throw out the ordinance amendment and recommend no changes at all.
4.8 Discussion was held amongst the commissioners and staff regarding areas of zoning and
examples of zoning areas where pawnshops and payday loans would be allowed.
4.9 Discussion was held amongst the commissioners to decide the best zones for pawnshops and
payday loans.
4.10 Public testimony was closed.
V COMPREHENSIVE PLAN ANALYSIS
The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components
as listed below:
5.1 CONSISTENT WITH THE COMPREHENSIVE PLAN: The request is consistent with the
following components of the Comprehensive Plan:
5.1.1 Property Richts -
GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate
property rights, adversely impact property values or create unnecessary technical limitations
on the use of the property.
OBJECTIVE A: To establish a sound basis for land use and environment regulations through
comprehensive planning and adopted policies and ordinances.
OBJECTIVE D: To assure that development pays its fair share by establishing a rational,
equitable basis for calculation the type of any exaction, or the amount of any impact fee.
5.1.2 Economic Development —
GOAL IV: To create neighborhoods where citizens can live, work and play.
5.1.3 Land Use —
GOAL I: To 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.
GOAL II: To create a strong sense of community and place.
GOAL III: To create communities that are more livable, affordable and ecologically
sustainable.
OBJECTIVES APPLICABLE TO ALL LAND USES:
OBJECTIVE A: To guide the growth and development of land uses in such a way that the
health, safety, and general welfare of residents will be protected.
OA-154-13 (Annual Zoning Ordinance Update) Page 3 of 4
Planning and Zoning Commission Recommendation
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5.1.4 Hazardous Areas —
OBJECTIVE A: To lessen the threat of harm to people and damage to property.
5.1.5 Community Design —
GOAL: Foster growth in a manner that will enhance and improve the City`s visual image.
OBJECTIVE A: To promote, encourage and maintain an aesthetically pleasing city.
VI PLANNING & ZONING COMMISSION'S RECOMMENDATION
6.1 Based on the Comprehensive Plan analysis and testimony, the Planning & Zoning
Commission hereby recommends to the Mayor and City Council that Case No. OA-154-13, a
request by the City of Caldwell Planning and Zoning Department to amend and update
Chapter 10, the zoning ordinance, of Caldwell City Code be approved with the following
change:
6.2 Payday Loan/Title Loan/Quick Loan Establishments should be permitted outright in zones C-2
and C-3.
CASE NUMBER OA-154-13 WAS HEARD BY THE CALDWELL PLANNING & ZONING
COMMISSION AT A PUBLIC HEARING HELD AUGUST 13, 2013.
THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION WERE
ADMINISTRATIVELY APPROVED AND SIGNED BY THE CALDWELL PLANNING AND ZONING
COMMISSION CHAIRMAN ON THE DATE NOTED BELOW.
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OA-154-13 (Annual Zoning Ordinance Update)
Planning and Zoning Commission Recommendation
ATTEST:
Brian K. Billingsley, AICP, P&Z Director
Page 4 of 4
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CASE NAME: Annual Zoning Ordinance Update 8-13-2013
CASE NUMBER: OA-154-13
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CALrELL PLANNING AND "Z.ONI,NG CO.I3IISSIOv
�11\UT1;5
%ugust 13, 2013
Call to Order -Chairperson Doty-Puinortnsk) ed led the meeting to order for the public: hearing at T00 p m.
II. Roll Call
Members Present: Dana Vance, Arvid Snlisbury, Kenneth Scholz, Roger Page, Ed Doty-Pomoransky
Disclosures and Conflicts of Interest: Ken Scholy as a rebident of Aspens Sub. for Case No. SUB-0.4(P)-l3 .- ZON-
,"-13 and as a complainant of Payday Loan; to the klayor prompting change to the Planning & Zoning Ordinance OA-
1?a-13.
Members Absent: None
Staff Present: lard n Wagoner (Senior Planner Development Team Leader): April Cabello (Planning Technician);
Robb MacDonald (Assistant City Engineer); Brian Billingsley (Planning and Zoning Director)
Staff Absent: None
Reviei� of Proceeding — Chairperson Doty- Pot oransky amnounced the procedures for the public hrarinst
Ill. Old Business
A. Approve minutes of June 11, 2013 regular meeting.
MOTION: Commissioner Salisbury SECOND: Commissioner Scholz Passed: Unanimous roll call vote.
IV. New Business
A. Case Number ZON-91-131 SUP-361-13, a request by Yasuda Brothers, LLC and Dillon Caldwell, LK for
u comprehensive plan map change from Commercial to Industrial, a rezone from C-3 Service Commercial to
N1-1 Light Industrial and special use pcmiii approval to expand an automotive wrecking salvage yard (Pick -a
Part. Jalopy Jungle) on to a 2.9 acre parcel located at the 6219 Cleveland Blvd.
Testimony
I ) Brian Billingsley, 621 Cleveland Blvd., Caldwell, ID 83605, Planning Director, presented the
staff report as written and submitted an aerial photo of the site labeled Exhibit PZ-1000. He
further reported that the applicant is requesting to rezone the subject property to M-1 Light
Industrial, which is suitable for the manufacturing, processing, assembling, packaging or
fabricating of previously prepared materials; research and development activities; and
warehousing- The proposed use is allowed under the zoning ordinance with special use permit
approval. Public Agencies were notified with no response, landscaping is not required until the
frontage is developed, no new parking is required and sir foot high, solid fencing will be
required. Staff recommends approval of the special use and rezone with the conditions as
outlined in the staff report,
P&Z Minutes
8/ 13/2013
2) Ed S-i, 2568 W. Timber Dr., Eagle, ID 83616, Applicant :esentative, testified in favor of
the request. He expressed the applicants desire to expand the existing business and is in
agreement with the conditions outlined in the staff report.
3) Commissioner Scholz expressed his concern for a more conducive environment for business and
residents of the community.
4) Mr. Billingsley directed the commissioners to page 3 of the staff report explaining the condition
for a privacy fence to block the view and with that condition in place he would recommend
approval.
5) Public testimony was closed.
MOTION TO CLOSE TESTiMONY: Commissioner Vance SECOND: Commissioner Salisbury Passed:
Unanimous roll call vote.
Evidence List for Case Number ZON-91-13 & SUP-361-13 - Consisted of the case file; written and verbal
staff report: PZ-1000 (aerial of site from Brian Billingsley).
MOTION: Commissioner Vance SECOND: Commissioner Page Passed: Unanimous roll call vote.
Comprehensive Plan Analysis for Case Yu tuber ZON-91-13 - MOTION: Commissioner Vance
SECOND: Commissioner Page Passed: Split roll call vote. Those voting yes: Doty- Pomoransky, Page,
Salisbury, and Vance. Those voting no: Scholz.
Findings of Fact for Case Number ZON-91-13 -MOTION: Commissioner Vance SECOND:
Commissioner Page Passed: Split roll call vote. Those voting, yes: Doty-Pomoransky, Page, Salisbury, and
Vance. Those votin: no: Scholz.
Conclusions of Law for Case Number ZON-91-13 - MOTION: Commissioner Salisbury SECOND:
Commissioner Vance Passed: Split roll call vote. Thosc voting ves: Duty-Pomoransky. Pagc, Salisbury, and
Vance:. Those voting no: Scholz.
Recommendation for Case Number ZON-91-13 - MOTION: Commissioner Page SECOND: Commissioner Vance.
Recommendation for Approval Passed: Split roll call vote. Those voting yes: Doty-Pomoransky, Page, Salishury,
and Vance. Those voting nw Scholz.
Comprehensive Plan Analysis for Case Number SUP-361-13 - MOTION: Commissioner Page SECOND:
Commissioner Vance Passed: Split roll call vote. Those votin+, yes: Duty- Pomoransky, Page, Salisbury, and
Vance. Those voting no: Scholz.
Findings of Fact for Case Number SUP-361-13 -.MOTION: Commissioner Page SECOND: Commissioner
Vance Passed: Split roll call vote. Those voting yes: Doty- Pomoransky, Page, Salisbury, and Vance. Those
votins no. Sc11014,
Conclusions of Law for Case ~umber SUP-361-13 -MOTION: Commissioner Salisbury SECOND:
Commi;sioner Vance Passed: Split roll call vote. Thosc voting yes: Doty-Pomoransky. Pugs. Salisbury, and
Vance. Those voting no: Scholz.
Order of Decision for Case Number SUP-361-13 - MOTION: Commissioner Vance SECOND: Commission' Page.
Recommendation for Approval Passed with conditions 12.2 - 12.12: Split roll call vote. Those voting yes: Doty-
Pomoran;hy, Page, Salisbury. and Vance. Those voting no: Schulz.
B. Case Number SUB-03(P)-13 a request by JRL Properties and Kent Brown for preliminary plat approval of
Crown Point Subdivision consisting of 5 commercial lots in a C-4 Freeway Commercial zone located on the
east side of Aviation Way approximately 1,200 feet south of Franklin Road.
Testimony:
1) Brian Billingsley, 621 Cleveland Blvd., Caldwell, ID 83605, Planning Director, presented the
staff report as written and submitted an aerial photo of the site labeled Exhibit PZ-1000. He
further reported that the subject property is zoned C-4 Interchange Commercial with a
commercial designation on the Comprehensive Plan Map and is currently in agricultural use.
The preliminary plat calls for five commercial lots ranging in size from 52,193 square feet (1.20
acre) to 69,409 square feet (1.59 acre). There are no common lots. Public Agencies were
notified and the only agency to respond was 1TD and expressed no issues at this time.
Landscaping will be required when the development occurs on each lot and a 15ft wide
landscaping buffer will be required on Aviation and Skyway. Staff recommends approval with
conditions as outlined in the staff report.
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2) Kent Brown, 3161 Springwood, Meridian, ID 83642, Applicant's representative, testified in
favor of the application and stated that the applicant agrees with the conditions outlined in the
staff report.
3) Public testimony was closed.
\IOTIO.N TO CLOSE IESTIMONY: Commissioner Vance SECOND: Commissioner Scholz Passed:
1nanimous rol call vote.
E%idence List for SUB-03(P)-13 - Consisted of the case file, written and vcrb;tl staff report; PZ-=011(Y (aerial
photo from Brian Billin;sley)-MOTION: Commissioner Doty- Poi oransky SECOND: Commissioner Vance
Passed: Unanimous roil call vote_
Comprehensive Plan Analysis for Case Number SUB-03(P)-13 — MOTION: Commissioner Vance
SECOND. Commissioner Page Passed: Unanimous roll call vote.
Findings of Fact for Case .Number SUB-03(P)-13 - 410TION: Commissioner Page SECOND.
Commissioner Salisbury Passed: Unanimous roll call vote.
Conclusions of Lan for Case :Number SUB-03(P)-13 — MOTION: Commissioner Vance SECOND -
Commissioner Page Passed: Unanimous roll call vote
Recommendation for Case Number SUB-03(P)-13 — MOTION: Comrni,�ioncr Page SECOND: Conimi.sioner
Salisbury Recommendation for Appro%al Passed with conditions 8.2 8.9.: Unanimous roll call vote.
C. Case Number SUB-04(P)-13 / ZON-88-13 a request by Corey Barton, Trilogy Development, and Scott
Noriyuki for a rezone of approximately 17.10 acres from R-1 Low Density Residential to R-2 Medium
Density Residential and preliminary plat approval of Aspens Subdivision No. 5 located at the northwest
comer of Homedale Road and Florida Avenue.
Testimony:
Brian Billingsley, 621 Cleveland Blvd., Caldwell, ID 83605, Planning Director, presented the
staff report as written and submitted an aerial photo of the site labeled Exhibit PZ-1000. He
reported that the ownenapplicart developer and engineer are requesting a rezone from R-I Low
Density Residential to R-2 Medium Density Residential to complete Aspens Subdivision with
6,000+ square foot lots, the request to R-2 is precipitated by a change in lot size requirements in
2008. Also requested is a Comprehensive Plan Map amendment from low -density residential and
commercial to medium -density residential. Simultaneously being requested is preliminary plat
approval of Aspens Subdivision N5 consisting of62 single-family residential lots and five (5)
common lots on approximately 17.10 acres. The subdivision will be completed in two phases of
31 lots each. He further reported that as a condition of approval, item # 8.3 would not allow any
duplex or triplex without special use approval. Public Agencies were notified and the only
agency to respond was Fire Marshal Andy Cater who responded that he has reviewed and
approved the preliminary plat. Landscaping will be required and a detailed landscaping plan was
submitted with the application. Staff recommends approval with conditions as outlined in the
staff report.
2) Commissioner Vance asked staff if duplexes were allowed in the first phases. Mr. Billingsley
responded that no duplexes were built in the first phase and duplexes would require a special use
in the R-1 zone.
3) Chairman Doty-Pomoransky asked staff about open space in the original phases. Mr. Billingsley
responded no real open space. When the original subdivision was approved the rules did not have
landscape/open space requirements like those that you see today. In the new phase, there will be
a landscape buffer along Florida and Homedale and 6% usable open space.
4) Scott Noriyuki, 6810 Fairhill Place, Boise, ID 83714, Applicant's representative, testified in
favor of the application and stated that the applicant agrees with the conditions outline in the
staff report. The applicant wants to complete the final phase now that the market is starting to
recoup. The phase being heard tonight is consistent and has a few less houses based on the
original approval and requesting R-2 zoning to complete the project like originally planned.
Code has changed substantially for open space and in the final phase the open space will be
substantial with a centralized park containing a tot lot. Mr. Noriyuki further stated that there
might be some discussion tonight from some of the neighbors with concerns of traffic at the
intersection but this phase was contemplated when it was originally annexed into the City.
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8/ 13/2013
Furt . nnore, wit'n this please they will be convey ins, a -I -hi ropriate right-of-way as well as
the improvements to the primary roads as wel I as landscape buffers.
5) Commissioner Salisbury asked the applicant to explain the improvement to the primary road.
Mr. Noriyuki responded they will be improving the width as well as the striping and everything
required for the traffic patterns.
6) Kathryn Cook, 5623 S. Florida Avenue, Caldwell, ID 83606, spoke in neutral of the
development. She focused her concerns and comments on traffic. She stated that this area is
already an extremely compacted, congested, traffic area with two nearby schools, Southwest
District Health and HWY 55. She further expressed concern for the current agricultura: zone
next to the proposed subdivision.
7) Commissioner Vance asked Ms. Cook if she attended the neighborhood meeting. Ms. Cook
responded no she did not attend the meeting because it was the hottest day of the year and she
was ill.
8) Commissioner Salisbury asked Ms. Cook if she had any suggestions for traffic control. In
response to Commissioner Salisbury, Ms. Cook replied she would like a turn lane.
9) Chairman Doty-Pomoransky confirmed with Ms. Cook that she signed in as neutral and is not
against the final phase of the subdivision. Ms. Cook responded she is not against it but is
concerned about the traffic.
10) Robb MacDonald, 621 Cleveland Blvd., Caldwell, ID 83605, City Engineer, addressed for
clarification that there will be roadway widening which should allow enough room for a turn
lane coming down Florida turning onto Homedale. Over the last three month the traffic has been
excessive and this because that's part of the detour route for the project at Indiana and Ustick
intersection. The completion of the project will be soon and should alleviate a lot of the
congestion.
11) Ken Scholz, 2411 Carnegie Street, Caldwell, ID 83607, spoke in neutral of the development. He
expressed his concern for the safety of the children. In the current phases children are forced to
play in the street because there is nowhere for the children to play. He further expressed that he
would like more than a tot -lot, something that includes swings, pool and soccer fields.
Somewhere for the children to congregate and not get ran over by a car.
12) Michael Aldrich, 2520 McLaughlin Drive, Caldwell, [D 83607, spoke in opposition of the
development. He wondered if the zoning R-2 meant apartments. If apartments, duplex or triplex
are allowed then you are inviting in rentals instead of residential which increases the population
and crime rate. It concerns him a great deal. He also expressed his concern with traffic and
recommended large speed bumps to stop the speeding cars. He objects extremely for these
reasons.
13) Mr. Billingsley answered Mr. Aldrich question that in an R-2 zone, apartment complexes are not
permitted. R-2 zoning is for single-family development, duplexes and triplexes but for this
development, there is a condition of approval not allowing duplexes or triplexes unless the
property owner receives a special use permit. Mr. Billingsley suggested that Mr. Aldrich contact
the Traffic Commission about the question on speed bumps.
14) Mr. Noriyuki provided rebuttal comments concerning testimony given.
In response to the first speaker Kathryn Cook, with respect to access point, they will be utilizing
the existing access point designed to handle that. Also through this project, they are conveying
addition right-of-way, widening the road and restriping it per the highway department's
requirement. That will provide turn lanes that will further mitigate and ease up what is
happening at this intersection. Also in response to building closer to farms, he pointed out that
the Caldwell Comprehensive Plan calls out all the area surrounding the development to be
residential. This is just a transitional point from a city as it slowly moves outward.
In response to the second speaker Ken Scholz, Mr. Noriyuki stated he was very pleased with his
comments because they have provided everything that he is requesting. Mr. Noriyuki agreed that
the prior open space requirements per the city code did have a lot of substandard open space. A
tot -lot will be located on a centralized 22,000 sq ft common lot that equals about four residential
lots combined which is the heart in the primary open space. There will be usable, practical green
space for kids to throw a ball, soccer practice and pathways.
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8/ 13/2013
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In response to the third speaker Michael Aldrich, with concerns about apartments, fourplexes and
duplexes. The developer has no desire to build any of those and will build out the project with
single-family, detached, owner occupied homes with no aspiration to build apartments, fourplex,
duplex, triplex or townhomes. In answer to the traffic, they are gaining an access on Wallace
Way and the traffic will go out the entrance off WaMsce then up Florida. The developer would be
happy to install speed bumps if the city will approve them.
15) Chairman Doty-Pomoransky asked Mr- Noriyuki to point out on the map with the laser where
this park will be located within the subdivision and wondered how the existing residents will get
to the park. Mr. Noriyuki responded they could drive, ride a bike or walk.
16) Chairman Doty•Pomoransky asked if there would be parking. Mr. Noriyuki replied parking
would be on the street.
17) Commissioner Salisbury confirmed with Mr. Noriyuki the size of the open space.
18) Chairman Doty•Pomoransky confirmed with Mr. Noriyuki the park would have a playground,
walking paths, landscaping and open green space for open play.
19) Commissioner Vance asked staff if the 6% open space was based on the total 17.1 acres and
confirmed it would require the open space to be a little over an acre. Mr. Billingsley confirmed.
20) Chairman Doty-Pomoransky wondered about other open space. Mr. Billingsley stated that lots
7, 16, 35 of block 8 and lot 56 of block I I are green space f common areas.
21) Commissioner Salisbury pointed out that the lots on the cul-de-sac are bigger and the rest of the
lots are the same in size. Mr. Noriyuki responded the applicant is trying to keep the same size as
the original plat or slightly bigger.
22) Chairman Doty-Pomoransky confirmed with staff that condition 12.7 would require the applicant
to submit a revised plan when lot lines change. Mr. Billingsley confirmed.
23) Commissioner Page wondered if this subdivision was to remain R-i would that halt the plans.
Mr. Noriyuki stated it would kill the project.
MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Page Passed:
Unanimous roll call vote.
Evidence List for Case Number SUB-04(P)-13 & ZON-88-13 - Consisted of the case tile, written and
verbal staffreporr, PZ-1000 werial of site from Brian Billingsley).
MOTION: Commissioner Vance SECOND: Commissioner Page Passed: Unanimous roll cal' vote.
Comprehensive Plan Analysis for Case Number SUB-04(P)-13 -NIOTION: Commissioner Vance
SECOND: Continiksioner Paoe Passed: Unanimous roll call vote.
Findings of Fact for Case Number SUB-04(P)-13 —MOTION: Commissioner Salisbury SECOND -
Commissioner Pagc Passed: Unanimous roll call vote.
Conclusions of Law for Case dumber SUB-04(P)-13 - NIOTION- Commissioner Page SECOND -
Commissioner Salisbury Passed: Unanimous roll call %otc.
Recommendation for Case Number SUB-04(P)-13 :MOTION: Commissioner Vance SECOND: Commissioner
Salisbury. Recommendation for Approval Passed with condition 12.2 - 12.1 L Split roll call rote. Those voting yes.
Doty- Pomoransky. Salisbury, and Vance. Those voting no: P,i_ac-
Comprehensive Plan Analysis for Case Number ZON-88-13 - MOTION: Commissioner Vallee
SECOND: Coni-missioner Page Passed: Unanimous roll call vote.
Findings of Fact for Case Number ZON-8843 -.MOTION. Commissioner Vance SECOND -
Commissioner Salisbury Passed: Unanimous roil call vote.
Conclusions of Law for Case Number ZON-88-13 - MOTION: Commissioner Sai,ishury SECOND:
Commissioner Page Passed: Unanimous roll call vote.
Recommendation for Case Number ZON-88-13 -MOTION: Commissioner Vance SECOND: Commissioner
Salisbury. Recommendation for Approval Passed with conditions 8.2 - 8.3- Split roll call rote. Those votin; yc,:
Duty-Pomoransky, Salisbury, and Vance. Those voting no: Page.
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8/13/2013
1). Case `umber S U B-05(P)- 13 1 ZON-89-13 a request by Corey Barton, Trilogy Development, and Scott
Noriyuki for a rezone of approximately 19.42 acres from R-1 Low Density Residential to R-2 Medium
Density Residential and prcliwinar,, plat approval of Quail Ridge Subdivision Phase 2 lacated approximately
577 feet north of Karcher Road dnd approximately 376 cast of Montana Avenue.
Testimony:
1 } larom Wagoner, 621 Cleveland Blvd., Caldwell, Senior Planner/Development Team Leader,
presented the staff report as written and submitted an aerial photo of the site labeled Exhibit PZ-
1000. He further reported that the owner/applicant/developer and engineer are requesting a
rezone from R-1 Low Density Residential to R-2 Medium Density Residential to complete Quail
Ridge Subdivision with 6,000+ square foot lots, the request to rezone to R-2 is precipitated by a
change in lot size requirements in 2008. Asa condition of approval if requested a duplex or
triplex would not be a permitted use but will require special use permit approval. Also requested
is a Comprehensive Plan Map amendment from low -density residential to medium -density
residential. Simultaneously being requested is preliminary plat approval of Quail Ridge
Subdivision consisting of 63 single-family residential lots and four (4) common lots on
approximately 19.42 acres. The subdivision will be completed in two phases of 31 lots and 32
lots each. As a part of the request the existing recorded development agreement, referred to as
the Quail Ridge Development Agreement, will need to be amended. Public Agencies were
notified and the only agency to respond was Public Fire Marshall Andy Cater responded that he
has reviewed and approved the preliminary plat. His comments are included in the case file as
Exhibit PA-1. Landscaping will be required as per Section 10-07-02(l) of City Code,
landscaping is required for this project. Staff recommends approval with conditions as outlined
in the staff report specifically 8.3 would not allow any duplex or triplex without special use
approval.
2) Commissioner Scholz stated his concern for the consistency of lot size, single level, two level,
and the square footage between homes in the first phase and the final phases. Mr. Wagoner
informed Commissioner Scholz that Planning and Zoning looks at consistency of the land use.
That would be the square footage of the lots, type of uses that are allowed, make sure they are
consistent with what was previously approved and that is why there is a condition of a special
use to build a duplex or triplex. Design standard is not built into City Code that would be getting
outside the prevue of what to look at and what to require. The City does not have the authority
because it is not in the City Code to restrict in that regard. The City can only enforce single
family and may build one or two story homes. What they build is up to the developer,
3) Mr. Billingsley stated that Home Owner Association handles design standards through CC&R's.
4) Commissioner Page confinned with staff that the applicant is trying to complete what was
already started but with the stipulations. Mr. Wagoner confirmed.
5) Scott Noriyuki, 6810 Fairhill Place, Boise, ID 83714, Applicant's representative, testified in
favor of the application and stated this application is very similar to the previous case. He stated
that he reviewed and agrees with the conditions as outline in the staff report. The project is
within conformance, the application is requesting to rezone to the R-2 for consistency purposes,
and will have higher quality landscaping and common/open space. The City and neighbors are
realizing this is a higher quality project andjust because costs are tight does not mean they will
compromise quality. Mr. Noriyuki further explained that it would not be good business if they
built cheaper lower quality homes that would affect their comps and hurt the profitability.
6) Commissioner Scholz wondered about the product mix and square footage for the existing
subdivision. Mr. Noriyuki responded that he gets hesitant about attributing value and quality to
square footage or price point. I do not like to consider a lot size as an indicator of quality.
7) Commissioner Scholz again expressed his concern about product mix and wanting to protect the
community. Mr. Noriyuki again stated the quality of product, structures, materials, architecture
and color blends are going to be consistent.
8) Chairman Doty-Pomoransky confirmed this project is a single developer. Mr. Noriyuki
confirmed.
9) Robert Vertrees, 2320 Sunset Avenue, Caldwell, ID 83607, signed in neutral of the development
but did not wish to speak.
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8i 11`2013
10) Les Hamle .325 Moreno Drive, Caldwell, ID 83607, spoke in Clsition of the development.
He shared that his wife and him were retired and moved to Caldwell from Alaska. One of the
things that drew them to this subdivision was the size of the lots. He expressed his concern about
the lot size, quality and traffic.
1 1) Commissioner Vance asked Mr. Hamley if he attended the neighborhood meeting- Mr. Hamley
responded that he was in the hospital and missed the meeting.
12) Chairman Doty-Pomoransky called for a short recess at approximately 8.54 p.m. The meeting
was reconvened at approximately 9:00 p.m.
13) Tom Mossi, 14288 Moreno Drive, Caldwell, ID 83605, spoke in opposition of the development.
He expressed his concern for consistency of the community and thanked commissioner Scholz
for his earlier comments. He stated that most people were drawn to this subdivision including
himself because the subdivision had a little bit higher quality home, little more space, less
compact with less homes in the subdivision. He also expressed concern about the rezone from R-
I to R-2.
14) Commissioner Vance asked Mr. Mossi if based on the testimony of the applicant do you feel
satisfied that this next phase would be as nice as what is in the existing phase. Mr. Mossi
responded that the applicant seems to say that it will stay consistent.
15) Brent Gunnell, 16331 Lewers Way, Caldwell, ID 83607, spoke in opposition of the development.
He stated he lives on a large lot with a 3,300 square foot home and the average home size on the
street would be around 2,500 square feet. They were told when they purchased their homes this
is not your basic Corey Barton Subdivision but a step up subdivision and changing the zoning to
medium density is not a continuation of what is in Quail Ridge Subdivision # 1.
16) Commission Salisbury asked Mr. Gunnell if he would be upset if they built 1,600 square foot
homes next to his 3,300 square home. Mr. Gunnell responded that it has already happened to
him and a 1,600 square foot home was built next door.
17) Commissioner Salisbury expressed his understanding for the opposition but also explained that if
the application meets the criteria it's not impossible but is difficult to turn applications down
when they meet all the criteria.
18) Mr. Noriyuki provided rebuttal comments concerning testimony given.
Once again, Mr. Noriyuki stated he would go through all the questions and concerns
systematically. Once again, we are down to concerns about lot sizes, square footage and quality.
He has heard a couple of the neighbors state their lots are x amount of square footage whether it
be 14,000 or 16,000 square feet and wants to point out that several lots that are up in the 10,000 -
11,000 — 12,000 plus square feet and some on the interior blocks that are smaller. That is by no
means pushing up the density from what was originally approved, if anything, they are losing a
couple of lots because they are falling into current open space criteria. Back to quality, lot and
building sales are up and they want to keep those values where they are, the demand is up and
the demand is set at the very high price point. He wanted to reiterate product, project
consistency, phase 1 is complete, and with phase 2 they are completing the original overall
vision. Landscaping, fencing and lots will be consistent. It is all going to be consistent.
19) Commissioner Page recapped and clarified that consistency is the main reason that this issue is in
front of the commission. Because the City has changed the zoning ordinance within the time
period from phase one approval to now, the applicant is desiring consistency and that is why they
are asking to rezone because the City has changed the codes. Mr. Noriyuki confirmed.
MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Page Passed:
Unanimou; roll call vote.
E►idence List for Case `umber SUB-05(P)-13 & ZON-89-13 - Con .fisted of the case tile; written -ird
%erhal ;toff report; PZ-1000 (aerial ofsite from Jarom Wagoner).
MOTION: Commissioner Vance SECOND: Commissioner Scho',/ Passed: Unanimous roll cal" %Ole.
Comprehensi,se Plan Analysis for Case dumber SUB-05(P)-13 -- %lOT'ION: Commissioner Vance
SECOND: Commissioner Page Passed: Unanimous roll call vote.
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8/ 13/2013
Findings of Facr.or Case Number SUB-05(P)-13 - MOTION: Conk- oner Scholz SECOND -
Commissioner Page Passed: Unanimous roll call vote.
Conclusions of Latin for Case Number SUB-05(P)-13 -MOTION: Commissioner Salisbury SECOND:
Conimi.sioner Scholz Passed: Unanimou. roll call vote.
Recommendation for Case Number SUB-05(P)-13 -- MOT[ON` Commissioner Pagc SECOND. Commissioner
Vance. Recommendation for kpprosul Passed with condition 12.2 — 12.13: Passers: Unanimou; ro'.l call vote
Comprehensive Plan Analysis for Case Number ZON-89-13 — rivIOTION: Commissioner Vance
SECOND: Commissioner Page Passed: Unanimous roll call vote-.
Findings of Fact for Case Number ZON-89-13 - MOTION: Commissioner Pave SECOND: Commissioner
Vance Passed: Unanimous roll call vote.
Conclusions of Lan for Case Number ZON-89-13 — MOTION: Commissioner Salisbury SECOND
Commissioner Vance Passed: I nanitnous roll call vote.
Recommendation for Case Humber ZON-89-13 — ,MOTION: Commissioner Scholz SECOND: Commtssioner
S7lishur v- Recommendation for Approval Passed with conditions 8.2 — 8.3: Passed: Unanlmllni roll Call vote.
E. SUB-06(P)-13 / ZON-90-13 a request by Corey Barton, Trilo,gy Development, and Scott Noriyuki for a
rezone from R-! Lt;w Density Residential to R-2 Nledium Density Residential and preliminary plat approval
of Weston Poin'4 Subdivision No. 5 consisting of approximately 17,10 acres located approximately 801 feet
north of HomeL:Jle Road and approximately 1761 feet cast of Lake Avenue.
Testimony:
Jarom Wagoner, 621 Cleveland Blvd., Caldwell, Senior Planner, presented the staff report as
written and submitted an aerial photo of the site labeled Exhibit PZ-1000. He further reported
that Weston Pointe Subdivision was annexed into the City of Caldwell in 2000. A development
agreement was not approved at the time of annexation. The subject property is zoned R-I Low
Density Residential with a High Density Residential designation on the Comprehensive Plan
Map. The site is currently in agricultural use and the request to R-2 is precipitated by a change
in lot size requirements in 2008. Previously, lots in the R-I district were required to be at least
6,000 square feet. The ordinance change now requires lot sizes to be 8,000 square feet in the R- I
district and the R-2 district currently has a minimum lot size of 6,000 square feet. Staff does not
oppose a rezone to R-2 because it will allow the developer to complete the subdivision to the
density level that was originally approved when the site was annexed into the City. The
preliminary plat calls for 56 single-family lots ranging in size from 6,000 square feet to 9,918
square feet. The common lots are lot 65 of block 11, lots 15 and 21 of block 10 and lots I and 13
of block 11. Phase five has a density of 3.85 units per gross acre which is consistent with the
medium density residential classification which allows single-family subdivisions to have up to
four (4) units per acre. Public Agencies were notified and the only agency to respond was Public
Fire Marshall Andy Cater responded that he has reviewed and approved the preliminary plat.
His comments are included in the case file as Exhibit PA-1. Landscaping will be required as per
Section 10-07-02(l) of City Code, landscaping is required for this project. Staff recommends
approval with conditions as outlined in the staff report specifically 8.3 would not allow any
duplex or triplex without special use approval.
2) Commissioner Scholz asked for clarification of staff report section 2.4 regarding the high -density
residential comp plan designation. Mr. Wagoner explained the comp plan designation to
Commissioner Scholz.
3) Scott Noriyuki, 6810 Fairhill Place, Boise, ID 83714, Applicant's representative, testified in
favor of the application and stated that the applicant agrees with the conditions outlined in the
staff report. Thanked staff again for a good job of the analysis and explaining it to everyone what
the applicant is doing as far as protecting the property rights of the adjacent individuals or
property owners. Just trying to be consistent with what was previously approved and complete
this project.
4) Jim Hirmer, 4321 Duke Street, Caldwell, signed in neutral of the development but did not wish
to speak.
5) Dorothy Brown, 4403 Duke Street, Caldwell, signed in neutra'� of the development but did ncit
wish to speak.
P&Z Minutes
8i 13 /2013
%101 ION TO CLOS O'ENIONY: Coitiuitik;itnrLr Vance SECOND: Cot>ti. _,sioner Scholz Passed:
I n:uutnnt.I Cott call 1.01c.
Lvidence List for Case Number SUB-06(P)-13 & ZON-90-13 - Con;i-;tcd of the case tile; written and
verba' staff report. PZ-1000 (aerial of site from Jarom kk agoncr).
MOTION: Commissioner Vance SECOND: C0_171niS%iiM',r SChol/ Passed: Unanimous roll call %otc.
Comprehenske Plan :analysis for Case `umber SUB-06(P)-i3 MOTION: Commissioner Vance
SECOND: Comn:issiotser Page Passed: Um-mirnous roll call vote.
Findings of Fact for Case .umber SUB-06(P)-13 -MOTION: Commissioner Page SECOND:
Commissioner Salisbury Passed: Unanimow; to I call rots:.
Conclusions of La►% for Case ,Number SUB-06(P)-13 - NIOT[ON: Commissioner Salisbury SECOND:
Commissioner Page Passed: Unanimous ro.l call vote.
Recommendation for Case Number SUB-06(P)-t3 - MOTION; Commissioner Page SECOND: Commissioner
Vance. Recommendation for Approval Passed with condition 12.2 - 12.11: Passed: Unanimous roll call vote.
Comprehensive Plan Analysis for Case Number ZO,N-90-13 - bIOTION: Commissioner Vance
SECOND: Commissioner Pagc Passed: Unanimous roll call vote.
Findings of Fact for Case Number ZON-90-13 -MOTION: Commissioner Page SECOND: Commissioner
Salisbury Passed: Unanimous roll call vote.
Conclusions of Law for Case Number ZO.N-90-13 - NIOTION: Cotnmi;sioner Salisbury SECOND.
Commissioner Page Passed: Unanimous rol' cult vote
Recommendation for Case Number ZON-90-13 - MOTION- Commissioner Salisbury SECOND: Commissioner
Page Recommendation for Appro%al Passed with conditions 8.2 8.3: Passed: C. nanimous roll call vote.
F. Case Number 0A-154-13 ,t wqucst by the City of Caldwell Planning and Zoning Department to amend
portions of Chapter 10. the zoning ordinance, of City Code,
Testimony:
1) Brian Billingsley, 621 Cleveland Blvd., Caldwell, ID 83605, Planning Director, presented the
staff report as written and presented the proposed amended ordinance language.
2) Discussion was held amongst the commissioners and staff regarding Home Occupations section
10-02-09(7) confirming the only changes being made is to allow scheduled or unscheduled
inspections.
3) Discussion was held amongst the commissioner and staff regarding the Table t Land Use
Schedule section 10-02-02 and Land Use Schedule for Mixed Use District 10-13-03 confirming
the attempt is to only allow Payday Loan/Title Loan/Quick Loan Establishments to be in
industrial zones.
4) Ken Scholz, 2411 Carnegie Street, Caldwell, [D 83607, spoke in favor of the amendment to
section 10-02-02 Land Use Schedule limiting Payday Loan/Title Loan/Quick Loan
Establishments to M- I and I-P zones. Mr. Scholz gave his testimony why the listed types of
businesses should not be allowed.
5) John Diaz, 820 Arthur, Caldwell, ID 83605, spoke in opposition of the amendment to section 10-
02-02 Land Use Schedule limiting Payday Loan/Title Loan/Quick Loan Establishments to M-1
and I-P zones. Mr. Diaz expressed his concern of Big Brother taking control. Many of his
customers are police officers, bankers, city workers; people who work in the court system and
would take great offense. He does not see how changing the allowed zones help anything.
6) James Wylie, 1676 N. Clarendon Way, Eagle, ID 83616, spoke in opposition of the amendment
to section 10-02-02 Land Use Schedule limiting Payday Loan/Title Loan/Quick Loan
Establishments to M-1 and [-P zones. Mr. Wylie expressed his concern because he owns
property all over the area and three properties are in Caldwell. He has found that Payday Loan
tenants are much cleaner and professional and he would much rather have a Payday Loan in his
buildings than a restaurant because they are cleaner and a lot less turn over. The biggest problem
is the City is trying to deter business from coming to Caldwell and as a building owner that is
very discouraging. You cannot legislate everything; people have to take personal responsibility
for their own decisions.
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8/ l3/20l 3
7) Mr.1I ngsley gave rebuttal testimony with regards to tht osition of section 10-02-02 Land
Use Schedule limiting Payday Loan/Title Loan/Quick Loan Establishments. Mr. Billingsley
explained the commission has three options. First option is the commission can approve the
ordinance as presented; the second option is the commission can make changes to the land use
table and add Payday Loan/Title Loan/Quick Loan Establishments as a special use or permitted
use in other zones. Mr. Billingsley recommended the commission do not permit Payday
Loan/Title Loan/Quick Loan Establishments at all in any of the residential zones, also does not
recommend allowing it in C- I or C-4, heavy industrial zones, airport district, college district, nor
in the hospital district. Mr. Billingsley recommend if the commission wants to make changes to
the ordinance, the commission could make a recommendation to make Payday Loan/Title
Loan/Quick Loan Establishments a permitted or special use in C-2 or C-3 zones. The third option
is to throw out the ordinance amendment and recommend no changes at all.
8) Discussion was held amongst the commissioners and staff regarding areas of zoning and
examples of zoning areas where pawnshops and payday loans would be allowed.
9) Discussion was held amongst the commissioners to decide the best zones for pawnshops and
payday loans.
10) Public testimony was closed.
!MOTION TO CLOSE TESTINIONI` CommiSSinnCr V;nnLc SECOND: Commissioner Scholz Passed:
t nanimuus roll C411 Vote.
The commission held an in-depth discussion among themselves with mixed findings. The commission came
to an agreement and made their motion.
Comprehensive Plan Anuhsis for Case Number OA-154-13 MOTION: Conunis>-oner Vance SECOND:
Conindisioner SLlisbuty Passed: Unanimous roll call vote.
Recommendation for Case Number OA-154-13 - .MOTIOV - Commissioner Vance S=COND: Commissioner Page.
Recommendation for Approval Passed with amended Ordinance reflecting Payday LoanlTitle Loan/Quick Loan
Establishments be permitted outright in zones C-2 and C-3: Passed: Unanimous roll call vote
Planning Issues -
A. The next rcgularly scheduled Planning and Zoning Commission hearing is October S, 2013.
%'I. Adjournment
The meeting was adjourned at approximawly 10:55 p.m.
MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-POMORANSKY ON THE DATE NOTED
BELOW:
o . :�3
Pd,oty Pomoraw ky Date
c
ATTEST
April C ello. Planning TechoiJarr
10
P&Z Minutes
8r1312013
X r
)W"(, . c 0-- W,
Ph: 208.455.3000
Fax: 208.455.3003
www.cityofcaldwell.com
The Trea,lure of the Valley
Caldwell Planning & Zoning Commission agenda for Public Hearing on Tuesday, August
13, 2013 at 7:00 p.m., in the Community Room, Caldwell Police Department, 110 South 51h
Avenue, Caldwell, Idaho.
AGENDA
I. Call to Order
It. Review of Proceedings
III. Old Business
A. Approve Minutes of June 11, 2013 meeting as signed by Acting Chairperson Scholz.
IV. New Business
A. Case No. ZON-91-131 SUP-361-13, a request byYasuda Brothers, LLC and Dillon Caldwell, LLC
for a comprehensive plan map change from Commercial to Industrial, a rezone from C-3 Service
Commercial to M-1 Light Industrial and special use permit approval to expand an automotive
wrecking/salvage yard (Pick -a Park Jalopy Jungle) on to a 2.9 acre parcel located at the 6219
Cleveland Blvd.
DB. Case No. SUB-03(Pyl3 a request by JRL Properties and (Cent Brown for preliminary plat approval
Brion Billing5ley, of Crown Point Subdivision consisting of 5 commercial lots in a C-4 Freeway Commercial zone
'A 1CP located on the east side of Aviation Way approximately 1200 feet south of Franklin Road.
C. Case No. SUB-04(Pyl31 ZON-88-13 a request by Corey Barton, Trilogy Development, and Scott
PRONE Noryuki for a rezone of approximately 17.10 acres from R-1 Low Density Residential to R-2
Medium Density Residential and preliminary plat approval of Aspens Subdivision No. 5 located at
the northwest comer of Homedale Road and Florida Avenue.
0; , D. Case No. SUB-05(Py13 / ZON-89-13 a request by Corey Barton, Trilogy Development, and Scott
Noriyuki for a rezone of approximately 19.42 acres from R-1 Low Density Residential to R-2
Medium Density Residential and preliminary plat approval of Quail Ridge Subdivision Phase 2
located approximately 577 feet north of Karcher Road and approximately 376 east of Montana
Avenue.
E. Case No. SUB-06(P)-131 ZON-90-13 a request by Corey Barton, Trilogy Development, and Scott
Noriyuki for a rezone from R-1 Low Density Residential to R-2 Medium Density Residential and
preliminary plat approval of Weston Pointe Subdivision No. 5 consisting of approximately 17.10
acres located approximately 801 feet north of Homedale Road and approximately 1761 feet east of
Lake Avenue.
F. Case No. OA-154-13 a request by the City of Caldwell Planning and Zoning Department to amend
portions of Chapter 10, the zoning ordinance, of City Code.
V. Planning and Zoning Issues, if any.
VI. Next Planning & Zoning Commission Scheduled Public Meeting Date: October 8, 2013.
VII. Adjourn
Any person needing special accommodations to participate in the meeting should contact the City Office at (208) 455-
4667 prior to the meeting. Cualquier persona necesitando comodidades especiales pars parUcipar en la reunion debe
contactar al las ofdnas de la Ciudad o flame a (208) 455- 4667 antes de la reunion.
100BE5r�
+ OWN
AMERICA
. 7mOIYIY
City Hall . 411 Blaine Street - P.O. Sox 1 179 . Caldwell, Idaho 83606 . 208.455.3000