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PLANNING AND ZONINGMEARING EXAMINER
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RECOMMENDATION BY THE
PLANNING & ZONING COMMISSION
SUBJECT: Staff Report - Case No. OA-16-01 (2015 Zoning Map and Comprehensive Plan Map)
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II GENERAL FACTS
III TESTIMONY
IV APPLICABLE LEGAL STANDARDS
V FINDINGS OF FACT
VI CONCLUSIONS OF LAW
VII RECOMMENDATION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application OA-16-01 to be held before the Caldwell Planning and Zoning Commission on April
4, 2016. Public notice requirements set forth in Idaho Code, Title 67, Chapter 65, Local
Planning Act, were met. On March 19, 2016 notice was published in the Idaho Press Tribune.
1.2 On April 12, 2016, the Caldwell Planning and Zoning Commission recommended approval of
the request.
1.3 Files and exhibits relative to this application are available for review in the Planning and
Zoning Department and at applicable public hearings.
GENERALFACTS
2.1 APPLICANT: Caldwell Planning and Zoning Director.
2.2 REQUEST: To adopt an amended zoning map that supersedes and replaces the zoning map
adopted by Caldwell City Council on April 20, 2015 (Ordinance No. 2996). The new map
includes all rezones, annexations and de -annexations that occurred between January 1, 2015
and December 31, 2015. The zone boundary changes during this period were approved by
City Council at respective public hearings held pursuant to the requirements of Idaho Code,
Title 67, Chapter 65, Local Planning Act.
Also requested is to adopt an amended comprehensive plan map that supersedes and
replaces the comprehensive plan map adopted by Caldwell City Council on April 20, 2015.
The new map includes all comprehensive plan map changes that occurred between January
1, 2015 and December 31, 2015. The comprehensive plan map changes during this period
were approved by City Council at respective public hearings held pursuant to the requirements
of Idaho Code, Title 67, Chapter 65, Local Planning Act. The new map also includes proposed
changes from Planning and Zoning staff.
Case No. OA-16-01 (2015 Zoning Map and Comprehensive Plan Map) Page i of 4
P&Z Recommendation
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2.3 ZONE AND COMPREHENSIVE PLAN MAP UPDATE PURPOSE: The City last adopted an
official zone map on April 20, 2015. The intent in adopting the new zoning map is to keep the
official map updated and readopted on an annual basis. The request to amend the zone map
at this time is in keeping with the intent to adopt a new zone map annually.
The City last adopted an official Comprehensive Plan Map on April 20, 2015. The intent in
adopting the new comprehensive plan map is to keep the official map updated and readopted
on an annual basis. The request to amend the comprehensive plan map at this time is in
keeping with the intent to adopt a new comprehensive plan map annually.
2.4 ANNEXATIONS, DE -ANNEXATIONS, ZONE CHANGES AND COMPREHENSIVE PLAN
MAP CHANGES:
ANNEXATIONS: The following zone boundary changes, occurring from annexations, were
approved during the year 2015 and are included in the amended zoning map:
Name
Case
Number
Ordinance
Number
Zone
Date of Ordinance
Recordation
Acreage
Rodriguez
ANN-02-14
2985
R-2/C-
March 3, 2015
2
City of Caldwell
ANN-15-01
2986
R-1
April, 8, 2015
8.33
7 Day Adventist
ANN-15-02
2992
H-C
September 9, 2015
42
Hayden Homes
ANN-15-03
2998
R-2
June 3, 2015
24.9
Chuck Saari
ANN-15-04
3000
R-1
August 5, 2015
3.81
Jackson's Food
ANN-15-05
3019
H-C
December 22, 2015
6.7
TOTAL ANNEXED
87.74
DE -ANNEXATIONS: None.
ZONE CHANGES: The following zones changes were approved during the year 2015:
Name
Case
Number
Ordinance
Number
Zone
Date of Ordinance
Recordation
Acreage
City of Caldwell
ZON-15-01
2997
T-NIC-
21C-
41M-1
June 17, 2015
180
Sakimoto
ZON-15-02
2997
C-1
June 3, 2015
0.25
Strikwerda
ZON-15-03
2999
M-1
June 17, 2015
2.5
McElveen
ZON-15-04
3007
R-1
August 5, 2015
0.86
City of Caldwell
ZON-15-05
3013
M-1
September 22, 2015
0.21
TOTAL REZONED
I
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1
1 183.82
COMPREHENSIVE PLAN MAP CHANGES: The following comprehensive plan map changes
were approved during the year 2015:
Name
Case Number
Comp. Plan Map Designation
Acreage
Hayden Homes
ANN-15-03
Medium Density Residential
24.9
City of Caldwell
ZON-15-01
Traditional Neighborhood
180
Strikwerda
ZON-15-03
Industrial
2.5
McElveen
ZON-15-04
Low Density Residential
0.86
TOTAL ACREAGE
1
208.26
Case No. OA-16-01 (2015 Zoning Map and Comprehensive Plan Map) Page 2 of 4
P&Z Recommendation
III PUBLIC TESTIMONY
3.1 TESTIMONY BEFORE THE PLANNING AND ZONING COMMISSION, APRIL 4, 2016
3.2 Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff
report.
3.3 Mr. Wagoner stated that both maps are being updated to reflect changes made by the City
Council during the 2015 calendar year.
3.4 Carol Jones of 2811 Hillcrest Lane, Caldwell, ID 83605, signed up "as neutral' and asked if
these amendments would affect the property at 520 South Florida Avenue.
3.5 Mr. Wagoner replied that the zoning and comprehensive plan maps would not be changed
because the rezoning request at this location.
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 FINDINGS OF FACT
5.1 The Planning and Zoning Commission accepted the general facts outlined in the staff report,
public testimony and the evidence list as approved.
VI CONCLUSIONS OF LAW
6.1 The Caldwell Planning and Zoning Commission has the authority to hear this case and to
recommend to the Mayor and City Council that it be approved or denied. Public hearing
notification requirements were met, and the hearing was conducted within the guidelines of
Idaho Code and City ordinances.
VII RECOMMENDATION
7.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning
Commission hereby recommends to the Mayor and City Council that Case No. OA-16-01, a
request by the Planning and Zoning Director to amend the official zoning map as adopted by
the City Council on April 20, 2015 and to amend the official comprehensive plan map as
adopted by the City Council on April 20, 2015 be approved.
CASE NUMBER OA-16-01 WAS HEARD BY THE PLANNING AND ZONING COMMISSION AT A
PUBLIC HEARING HELD APRIL 4, 2016.
Case No. OA-16-01 (2015 Zoning Map and Comprehensive Plan Map) Page 3 of 4
P&Z Recommendation
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THE FINDINGS OF FACT, CONCLUSIONS
ADMINISTRATIVELY APPROVED AND SIGNED
ON THE DATE NOTED BELOW.
Date
OF LAW AND RECOMMENDATION WERE
BY THE PLANNING AND ZONING CHAIRMAN
ATTEST:
Y
Brian Billingsley, P&Z Director
Case No. OA-16-01 (2015 Zoning Map and Comprehensive Plan Map) Page 4 of 4
P&Z Recommendation
SIGN UP SHEET
Please print the following required information and
in the appropriate box check whether you wish to speak or do not wish to speak.
CASE NAME: AMEND Current Zoning and Comp Plan Map
CASE NUMBER: OA-16-01
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CASE NAME: AMEND , Current Zoning and Comp Plan Map
CASE NUMBER: OA-16-01
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CALDWELL PLANNING AND ZONING COl1l1ISSION
MINUTES
April 12, 2016
Call to Order -Chairperson Doty-Pomoransky called the meeting to order at 7:00 p.m.
Rolf Call -
Members Present: Ed Doty-Pomoransky, Dana Vance, James Nelson, and Jeremy Feucht
Members Absent: Roger Page.
Staff Present: Jarom Wagoner (Senior Planner); Brian Billingsley (Planning & Zoning Director),
and Brent Orton (Public Works Director).
Staff Absent: April Cabello (Planning Technician), Robb MacDonald (City Engineer
Review of Proceedings - Chairperson Doty-Pomoransky announced the procedures for the public
hearing.
Old Business: Approve minutes of December 8, 2015 regular meeting.
MOTION: Commissioner Feucht. SECOND: Commissioner Nelson. Passed: Unanimous voice vote.
New Business:
A. Election of Chair and Vice -Chair for 2016.
Motion made by Commissioner Vance to appoint Commission Doty-Pomoransky as Chair and
Commissioner Nelson as Vice -Chair for 2016. Second by Commission Feucht. Approved
unanimously by voice vote.
B. Case Number OA-16-01 a request by the City of Caldwell Planning & Zoning Department to
update the official zoning map and comprehensive plan map for the City of Caldwell.
Testimony:
1) Jarom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the
staff report.
2) Mr. Wagoner stated that both maps are being updated to reflect changes made by the City
Council during the 2015 calendar year.
3) Carol Jones of 2811 Hillcrest Lane, Caldwell, ID 83605, signed up "as neutral" and asked if
these amendments would affect the property at 520 South Florida Avenue.
4) Mr. Wagoner replied that the zoning and comprehensive plan maps would not be changed
because the rezoning request at this location.
A
A
MOTION TO CLOSE TESTIMONY: Commissioner Vance. SECOND: Commissioner
Feucht. Passed: Unanimous voice vote.
Findings of Fact: MOTION: Commissioner Vance SECOND: Commissioner Feucht, Passed:
Unanimous voice vote.
Conclusions of Law: MOTION, Commissioner Vance SECOND: Commissioner Feucht Passed:
Unanimous voice vote.
RECOMMENDATION: MOTION: Commissioner Feucht that Case Number SUP-16-01 be
approved with no conditions or modifications. SECOND: Commissioner Vance. APPROVED
by unanimous voice vote.
C. Case Number OA-15-05 a request by the City of Caldwell to amend the Area of City Impact
boundary.
Testimony:
1) Brian Billingsley, 621 Cleveland Blvd., Caldwell, ID 83605, Planning & Zoning Director,
presented the staff report. He presented PZ-1001 (staff report) and PZ-1002 (Power Point
presentation and maps. Mr. Billingsley spent a significant amount of time discussing how an
area of impact works and does not work. He also showed specific examples of area of impact
cases dating back to 2007. A complete record of his presentation, including letters, maps and
exhibits, are included in Exhibit PZ-1002.
2) Brent Orton, 621 Cleveland Blvd., Caldwell, ID 83605, Public Works Director, presented his
staff report. He showed examples of older subdivisions in Caldwell's area of impact that had
to hook up to city services because their wells were contanunated or their septic fields failed.
Mr. Orton supports the proposed expansions because it would promote health, safety and
welfare for new development.
3) Mike Dittenbur, 22730 Farmway Road, Caldwell, ID 83607, Caldwell Housing Authority
Director, testified in support. Mr. Dittenbur's agency manages Farmway Village, which is in
Area #L His agency supports sewer and water expansion in this area and hopes to see new
development hook up to those services.
4) Carol Jones, 2811 Hillcrest Lane, Caldwell, LD 83605, testified in neutral. She does not
object to expanding the area of impact and she recognizes that the city needs to grow.
5) Gene Shaffer, 2715 Polk Street, Caldwell, ID 83605, testified in support. He represents a
client who owns land near the Highway 20;`26 interchange, which is in Area #l. His client is
extending water lines to his properties and is extending Chicago Avenue to Highway 20'26.
Mr. Shaffer presented three aerial photographs of the site that were submitted as Exhibit PZ-
1003. Mr. Shaffer's client supports the area of city impact expansion in Area # 1.
6) Randy Peterman, 3865 North Jullion Way, Boise, ID 83704, testified in support. Mr.
Peterman bought the property in Area #7 in 2013. He testified that his property is annexed
into the City of Nampa and he supports the swap that would place this property in Nampa's
area of city impact.
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7) Patricia Nilsson, 1 1 I North I VJ' Avenue, Caldwell, ID 83605, testified in support. Ms.
Nilsson is the Development Services Director. She testified that she has been working with
the cities on expanding the areas of city impact. She explained how properties get developed
in Canyon County, including densities. She acknowledged that the area of impact required a
lot of cooperation between the cities and her staff.
8) Karla Nelson, 411 3"' Street South, Nampa, ID 83651, testified in support. Ms. Nelson is a
planner for the City of Nampa and acknowledged that the City of Nampa supports the swaps
that are proposed in this request.
9) Terri Kohler, 111 South Louisiana, Caldwell, ID 83605, testified in neutraUdenial. Ms.
Kohler submitted Exhibit PZ-1000, which is a petitioned signed by her neighbors regarding a
proposed development at 460 and 520 Florida Avenue. The site was turned down by the city
council last year for rezoning. Ms. Kohler also read a prepared statement which was also
included in PZ-1000. Ms. Kohler was concerned that this request would impact the zoning or
the proposed land use for the properties near her home. Mr. Billingsley explained the
properties on Florida Avenue are not being changed or impacted by this request.
10) Mr. Billingsley provided rebuttal. He answered several of the questions provided by Ms.
Jones and Ms. Kohler (mostly procedural questions). He also answered questions on when
annexation would become applicable. He also acknowledged that there is a long term plan to
build a bridge over the Boise River on Farmway Road.
MOTION TO CLOSE TESTIMONY: Commissioner Vance. SECOND: Commissioner
Feucht. Passed: Unanimous voice vote.
Findings of Fact: MOTION: Commissioner Vance SECOND: Commissioner Feucht. Passed:
Unanimous voice vote.
Conclusions of Law: MOTION: Commissioner Nelson SECOND: Commissioner Feucht,
Passed: Unanimous voice vote.
RECOi MENDATION: MOTION: Commissioner Feucht that Case Number SUP-16-01 be
approved with no modifications. SECOND: Commissioner Nelson. APPROVED by unanimous
voice vote.
D. Case Number OA-16-02 a request by the City of Caldwell Planning and Zoning Department to
amend portions of Chapter 10-07-12-A-4, the zoning ordinance, of City Code.
Testimony:
1) Brent Orton, 621 Cleveland Blvd., Caldwell, ID 83605, Public Works Director, presented his
staff report. He explained the amendment impact the standards for pressurized irrigation
systems on properties owned by public schools. He stated it is suitable for a school district to
have and maintain their own system because they typically own large tracts of land and have
sufficient maintenance staffing.
MOTION TO CLOSE TESTIMONY: Commissioner Vance. SECOND: Commissioner
Feucht. Passed: Unanimous voice vote.
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Comprehensive Plan Analysis: MOTION: Commissioner Vance SECOND: Commissioner
Nelson, Passed: Unanimous voice vote.
RECOMIMENDATION: MOTION: Commissioner Feucht that Case Number SUP-16-01 be
approved with no modifications. SECOND: Commissioner Nelson. APPROVED by unanimous
voice vote.
V. Planning Issues —
A. The next regularly scheduled Planning and Zoning Commi,sion hearing is Rine 14, 2016.
VI. Adjournment
The meeting was adjourned at approximately 8:35 p.m.
MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY-PO-IORANSKY ON THE
DATE NOTED BELOW:
d ty-Po for nsky, Chair it
ATTEST: ti
Bnan Billingsley, AICP, Planning & Zonin= Director
FOR DEVILED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING.
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Ph: 208.455.3000
Fax: 208.455.3003
wvv-Nv.cityofcald% re1I.coni
TIV Trea,,ul-e vl' ll.7e Valle
Caldwell Planning & Zoning Commission agenda for Public Hearing on Tuesday April 12, 2016 at
7:00 p.m., in the Community Room, Caldwell Police Department, 110 South 5th Avenue, Caldwell,
Idaho.
AGENDA
I. Call to Order
II. Review of Proceedings
III. Old Business
A. Approve Minutes of December 8, 2015 meeting as signed by Chairperson Doty-
Pomoransky.
IV. New Business
A. Elect Chairperson and Vice -Chairperson for 2016.
B. Case Number OA-15-05 a request by the City of Caldwell Planning and Zoning
Department to amend the Area of Impact Map and Area of impact Plans and Ordinances.
C. Case Number OA-16-01 a request by the Caldwell Planning and Zoning Department to
amend the current Caldwell Zoning Map and Official Comprehensive Plan Map.
D. Case Number OA-16-02 a request by the City of Caldwell Planning and Zoning
Department to amend portions of Chapter 10-07-12-A-4, the zoning ordinance, of City
Code.
V. Planning and Zoning Issues, if any.
VI. Next Planning & Zoning Commission Scheduled Public Meeting Date: June 14, 2016.
VII. Adjourn
Case files and exhibits relative to this request are on file at the Caldwell Planning & Zoning Department and are available for review during the
hours of 8'00 a.m to 5:00 p.m. Monday through Friday Further information can also be obtained by calling 455-4662 and by leaving a
message if after-hours. Information can also be requested by emailing Jarom Wagoner at iwaaoneraAcityofcaldwell.oro or faxing him at 455-
3050. A person who is visually and/or hearing impaired, or needs an interpreter should contact the City at least 24 hours prior to the hearing.
SUGGESTIONS FOR TESTIFYING AT PUBLIC HEARINGS
1 Remember your objective ... It s your objective to persuade the decision makers to vote or decide in favor of your side of the issue. it will not help your cause
to anger, alienate or antagonize the decision makers who are I siening to your presentation,
2 Show your strength. -Many neighborhood groups have organized their testimony by having one or a few people speak on behalf of the group The'eader vns
ask those in the audience supporting the les6mony to stand. This conveys to the decision makers the seriousness with which the issue is viewed by the
attending parties
3. Speak to the point -,Public officials have heard hundreds of people give testimony. They are grateful when the testimony is pertinent, well organized, and
directly regards the matter at hand. Long stories, lectures or phi osophy, abstract complaints about generalities, or redundant testimony are usually a poor use
of time
4. State your recommendation.
5 Be informed.... Get a copy of the plan being heard the staff report the proposed ordinance, or other pertinent material. Then read it and plan your comments
accordingly
6 If you don't wish to speak, write It down... and submit it prior to the hearing. If written testimony Is specific. to the point and concise, it will be given as
much attenlinn as oral testimony
7 Be reasonable.... Put yourself in the shoes of the decision makers. They must balance all points of view, interests and proposals being matte, and find the
best course for the overal pubic good While. Be prepared to compromise.
Any person needing special accommodations to participate In the meeting should contact the City Office at 208 455-4667 prior to the meeting.
Cualqurer persona recesitando comodrdades especiales para parficipar en Is reani6n debe contactar at lag ofiCinas de la Ciudad p liam" 208 455. 4667 anles de
la reun 6n
too BEST Sal
COMMUNITIES
AMERICA W
V 11rltarn tw
City Hall - 4 l 1 Blaine Street - Y.O. Box 1179 - Caldwell, Idaho 83606 - 208.455.3000