HomeMy WebLinkAboutStaff - Planning & Zoning1
S ,4FF - Planning & Zoning
ITEM
DATE
SUBMITTED BY
SP-1 Hearing tification Checklist
SP-2 Annexation Or ance
SP-3 Mailing List & Annexati Memo
SP-4 Memo to Public Agencies
SP-5 Mailing List & Annexation Verified
SP-6 Notice to Publish
SP-7 Mailing Notice
SP-8 Affidavit of Publication
SP-9 Posting of Site
SP-10 Staff Repo
SP-11
SP-12
STAFF - City Council
SC-1 Hearing Notification Checklist
'�— la- 16
SC-2 Notice to Publish
LT
SC-3 Mailing Notice
C, . I
SC-4 Memo to Public Agencies
SC-5 Affidavit of Publication
SC-6 Posting of Site
I I .� .�
-7 Staff ort�
—
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SC-8
1,011 -101
C'`--R—
DAN-184-10
ID No
INAME
INAME2
JADDRESS
ICITY
ISTATEIZIPCODFI
ACCOUNT
1 SANDOVAL DANIEL R
824 MANCHESTER DR
CALDWELL
ID
83605 R0308758700
2 WINFIELD WILLIAM
WINFIELD L LAUREE
1717 SHERMAN AVE
HOOD RIVER OR
97031 R0308758600
3 SOUTHERN LARRY B
SOUTHERN MARIA C
2423 MARSHALL AVE
CALDWELL
ID
83605 R0585101000
4 ANTHON BRETT
ANTHON HEATHER
PO BOX 292
DECLO
ID
83323-0292 R2799900000
5 GORDON GAIL
GORDON MERRI L
PO BOX 246
CALDWELL
ID
83606 R2800000000
6 SANCHEZ GERARDO
SANCHEZ SILVIA H/W
913 W LINDEN ST
CALDWELL
ID
83605 R28000011AO
7 WYANT FRANK M
WYANT SUSAN M H/W
2606 MARSHALL PLACE
CALDWELL
ID
83605 R2800001200
8 WATERMAN WILBUR AND MARGARET FAMILY TRUST
WATERMAN MARGARET M TRUSTEE
1215 W LINDEN ST
CALDWELL
ID
83605 R2798301000
9 RUELAS ALFREDO R
RUELAS TERRY H
2505 MARSHALL PL
CALDWELL
ID
83605 R28000010A0
10 ROMAN CATHOLIC DIOC OF BOI
1501 S FEDERAL WAY STE 400
BOISE
ID
83705 R2456401000
11 FIRST SOUTHERN BAPTIST
912 W LINDEN ST
CALDWELL
ID
83505 R2456300000
12 FIRST SOUTHERN BAPTIST
CHURCH OF CALDWELL INC
912 W LINDEN ST
CALDWELL
ID
83605 R2456201000
13 MC KINNEY MICHAEL
2615 MARSHALL PLACE
CALDWELL
ID
83605 R28000010BO
14 CITIMORTGAGE INC
1000 TECHNOLOGY DR
OFALLON
MO
63368 R2800001300
15 CUELLAR STEVE
CUELLAR BEVERLY J H/W
2623 MARSHALL PLACE
CALDWELL
ID
83605 R2800001000
16 RAINEY RONALD P
RAINEY EMILY L HIW
2615 DORMAN AVE
CALDWELL
ID
83605 R2799800000
L
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DSCLAIMER
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CITY OF CALWAILLDSCLAIMS ANY
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MEMO
Date: October 12, 2010
To: Dave Marston, Engineering Department
Karla Baker, Engineering Department !
From: Anne Marie Skinner, Senior Planner/Development Team Lead
Caldwell Planning & Zoning Department
RE: Case Number: DAN-184-10
Case Number DAN-184-10 a request by Michael Breshears and Angela Coleman to de -
annex from the City of Caldwell 2.56 acres addressed as 2511 Dorman Avenue and
located at the southeast corner of Dorman Avenue and linden Street.
This Case is being heard by the Caldwell City Council on Monday, November 15,
2010 and the notices need to be mailed on Friday, October 29, 2010.
Please complete the mailing list and return to April Cabello by Wednesday, October
27, 2010.
Please print for each case an 8 % x 11 and a large aerial for Preliminary Plats, Short
Plats, Special Use, Annexations and Rezones.
E-mail: amskinneE@ci.caldwell.id.us
If you have any questions, please contact me at extension 4662.
Anne Marie. Skinner
From:
Anne Marie. Skinner
Sent:
Wednesday, November 03, 2010 2:18 PM
To:
'vintageairframes@gmail.com'
Subject:
De -annexation Staff Report
Attachments:
DAN-184-10 Breshears de -annex CC.doc
Angela,
Attached please find the Staff Report for your De -annexation Request Hearing with City Council on Monday, November
15, 2010 at 7:00 p.m. Please plan on arriving a few minutes prior to 7:00 p.m. to allow enough time to sign the sign -in
sheet. Please be prepared to briefly address Council and explain the reasons for your de -annexation request. If you have
any questions regarding the staff report please call me at 455-4662 or feel free to come into the office.
Again, your hearing is November 15, 2010 at 7:00 p.m.
Thank you,
Anne Marie Skinner
Senior Planner
City of Caldwell Planning and Zoning
621 Cleveland Blvd.
Caldwell, ID 83605
Direct Line: (208) 455-4662
Fax: (208) 455-3050
amskinner@ci.caldwell.id.us
BEFORE THE MAYOR AND CITY COUNCIL
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD NOVEMBER 15, 2010
To: Mayor Nancolas and Caldwell City Council
From: Anne Marie Skinner, Senior Planner
Subject: Staff Report - Case No. DAN-184-10 (Breshears de -annexation)
Date: November 3, 2010
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
• DE -ANNEXATION OUT OF CALDWELL OF 2.56 ACRES OF LAND.
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. ORDER OF DECISION
COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application DAN-184-10 to be held before the Caldwell City Council on November 15, 2010.
Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were
met. On October 31, 2010 notice was published in the Idaho Press Tribune; on October 29,
2010 notice was mailed to all property owners within 300 feet of the project site and to all
political subdivisions providing services to the site; and, on November 4, 2010 notice was
posted on the site.
1.2 Files and exhibits relative to this application are available for review in the Planning and
Zoning Department, 621 Cleveland, Caldwell, and at the applicable public hearings.
II GENERAL FACTS
2.1 OWNER/APPLICANT: Michael Breshears and Angela Coleman, 2511 Dorman Ave., Caldwell,
I D 83605.
2.2 REPRESENTATIVE: None.
DAN-184-10 (Breshears de -annexation) Pagel of 3
City Council Staff Report ^ ^ J."
2.3 REQUEST: The owner/applicant is seeking de -annexation of one parcel of land identified as
R27999010 with an address of 2511 Dorman Avenue and consisting of 2.56 acres. The
owner/applicant would like the property to revert to Canyon County zoning to thus allow for
using the property for horses and rural, agricultural uses.
2.4 BACKGROUND: The subject property was annexed into the City of Caldwell in 2007 by the
previous property owner who was Sallie Palleria. Sallie Palleria (who is now Sallie Bradshaw)
no longer retains ownership of the property. The property is now owned by Michael Breshears
and Angela Coleman, the applicants of the de -annexation request.
The subject property is not connected to either City water or City sewer.
2.4 LOCATION: The property is the southeast corner of Dorman Avenue and Linden Street and is
identified with a tax identification number of R27999010,
2.5 LEGAL DESCRIPTION: A legal description was submitted with the application and
incorporated into the file for reference purposes.
2.6 COMPREHENSIVE PLAN DESIGNATION: The subject property is designated as Low
Density Residential on the Caldwell Comprehensive Plan Map.
2.7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
2.7.1 Land Use:
Direction Zone Use Com rehensive Ma
North
R-1
Church
Low Density Residential
South
County
Pasture
Low Density Residential
East
County
Houses
Low Density Residential
West
County
Pasture
Commercial
2.7.2 Transportation/Connectivity: The subject property takes access from Dorman Avenue.
2.7.3 Public Services, Utilities and Facilities: The Engineering Department, Fire Plans Examiner,
Building Department, Police Department, Vallivue School District, Caldwell School District,
Pioneer Irrigation District, Caldwell Transportation, Brown Bus Company, Canyon Highway
District and Canyon County Development Services were all sent a request for comment on
October 12, 2010.
No comments were received.
III TESTIMONY BEFORE THE CITY COUNCIL, NOVEMBER 16, 2010
3.1 Reserved for City Council.
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
4.4 Idaho Code, Title 50, Chapter 2, Section 50-222 Municipal Corporations, regarding annexation
DAN-184-10 (Breshears de -annexation) Page 2 of 3
City Council Staff Report
r
V FINDINGS OF FACT ���
5.1 The City Council accepts the facts outNea ' e staff report, public testimony and the
evidence list as approved throug previouso'
VI CONCLUSIONS OF LAW
6.1 The City Council has the a' t hear this case and order that it be approved or denied.
The public notice req iremen a nd the hearing was conducted within the guidelines
of applicable Idaho Co a and City o c S.
VII ORDER OF DECISION
7.1 Based on the Findings of Fact and Conclusions of Law, the City Co ncil reby orders that
Case No. DAN-184-10, a request by Michael Breshears and An g a Cole an to de -annex
from the City of Caldwell 2.56 acres addressed as 2511 Dorman venuen located at the
southeast comer of Dorman Avenue and Linden Street, is approve /denied
DAN-184-10 (Breshears de -annexation) Page 3 of 3
City Council Staff Report
i
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IDAHO PRESS TRIBUNE
EMMETT MESSENGER -INDEX
PO BOX 9399
NAMPA ID 83652
(208)467-9251
Fax(208)467-1863
Advertising Invoice and Statement
1 CALDWELL, CITY OF
ATTN: ACCOUNT PAYABLE
PO BOX 1179
CALDWELL ID 83606
Amount Paid:
Comments:
Please Return Upper Portlon With Pa m_enl
151 SAU Sire 171 Times stun' 191 Gross Amount
i1 Date 111 Ne"paperReference 121/31141 DescriptionAtherCommentsichafli 1$i allied Units 181 Rate
0 / 31 / 10 _1.X
LG CITY O C D ~'(P LI 44.0 61.60 61.60
----- AIRPORT ��
0/31/10 332045 HEARING 11/15/2010 1X 36.0 1
LC E I GIVEN 36.0 27.00 27.00
IPT
HEARING 11/15/2010 1 1
A2-
Statement of Account -Aging of Past Due Amounts
Z11 Current Net Amount Due 1221 30 Days 90 Days
N/A I N/A N/A
IDAHO PRESS TRIBUNE
(208) 467-9251
241 Invoice Number 25
1 - Billing Period fi Billed
456534 10/2010
N/A
30311
1201 Net Amount
61.60
27.00
HT I @ � 0 T T H
INOV 4 2010
Due date: 11/15/10
oust 1231 ' Total Amount Due '-!
88.60
UNAPPLIED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT DUE
3031111 CALDWELL, CITY OF
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30311 332045
1 CALDWELL, CITY OF
ATTN: ACCOUNT PAYABLE
PO BOX 1 179
CALDWELL ID 83606
NOTICE IS HEREBY GIVEN
thaf'thb'Caldwell CIty'Council
will. conduct a public hearing on
MdndaV, November. 15, 2010,
at:7:0D`p.m. in the.Communityl
Robrrl: of the Caldwell Police
Department; 110 5.. 5th Ay
enue, Caldwell, Idaho In order'
to hear the following:
Case Number DAN-164-10 a
request by Michael Breshaars
and Angela Coleman. to' de -an-
nex from the City of ' Caldwell
2.56 acres addressed .as 2511
Dorman Avenue. and located at
the southeast comer of Dor-
man Avenue . and Linden
Street.
Case files and exhibits rela-
iive to this request are on file
at the Caldwell Planning and
Zoning Department located at
62, Cleveland Blvd. Flies are
available for reAbw during the
hours. of 8:00 a.m. to 5:00 p.m.
Monday throUbl'i' Friday. For
any further information; please'
call 455`3021. A person whof
Is visuallyand/or hearing im=lJ
palled, or needs an interpreter'
should contact the City prior to
the meeting.
October 31, 2010 332046
r
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO )
)SS,
County of Canyon )
Barbara Spencer
of Nampa, Canyon County, Idaho, being
first duly sworn, deposes and says:
1. That I am a citizen of the United States,
and at all times hereinafter mentioned
was over the age of eighteen years, and
not a party to the above entitled action.
2. That I am the Principal Clerk of the
Idaho Press -Tribune, a daily newspaper
published in the City of Nampa, in the
County of Canyon, State of Idaho; that
the said newspaper is in general
circulation in the said County of
Canyon, and in the vicinity of Nampa
and Caldwell, and has been
uninterruptedly published in said
County during a period of seventy-eight
consecutive weeks prior to the first
publication of this notice, a copy of
which is hereto attached.
3. That the notice, of which the annexed is
a printed copy, was published in said
newspaper 1 times(s) in the regular and
entire issue of said paper, and was
printed in the newspaper proper, and not
in a supplement.
That said notice was published the following:
10/3112010
X a- �, � , 4: � ,
STATE OF IDAHO)
County of Canyon)
On this 1st day of November in the year of
2010 before me a Notary Public, personally
appeared. Barbara Spencer, known or identified
to me to be the person whose name is subscribed
to the within instrument, and being by me first
duly sworn, declared that the statements therein
are true, and acknowledge to me that he/she
executed the same.
Notary Public for Idaho
Residing at Nampa
My Commission expires April 19, 2014
MEMO
Date: October 12, 2010
To: Robb MacDonald, Engineering Department
Dennis Wilson, Fire Plans Examiner
Adele Adams, Building Department
Chelle Sperry, Police Department
George Grant, Vallivue School District
Roger Quarles, Caldwell School District
Mark Zirchsky, Pioneer Irrigation District
Rick Vertrees, Caldwell Transportation
Brad Carpenter, Brown Bus Company
Tim Richard, Canyon Highway District #4
Jennifer Carson, Canyon County Development Services
From: Anne Marie Skinner, Senior Planner/Development Team
Caldwell P & Z Department
RE: Case Number DAN-184-10
Attached please find a land use application that you are invited to review. This case is
scheduled to be presented before the Caldwell City Council on Monday, November 15,
2010 at 7:00 pm.
Case Number DAN-184-10 a request by Michael Breshears and Angela Coleman to de -
annex from the City of Caldwell 2.56 acres addressed as 2511 Dorman Avenue and
located at the southeast corner of Dorman Avenue and Linden Street.
Please review the attached application and information and provide me with your written
input. I request that you e-mail any comments to me as soon as possible but no later than
Friday, October 29, 2010.
E-mail: amskinner(a-ci.caldweli.id.us
will assume that you have no objections, concerns or comments if you do not reply to this
request within the requested timeframe. If you have any questions, you may contact me at
455-4662.
The Treaau, c of ' the
NOTICE IS HEREBY GIVEN that the Caldwell City Council will conduct a
public hearing on Monday, November 15, 2010, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the Community Room of the Caldwell
Police Department, 110 S. 5th Avenue, Caldwell, Idaho in order to hear the
following:
Case Number DAN-184-10 a request by Michael Breshears and Angela Coleman
to de -annex from the City of Caldwell 2.56 acres addressed as 2511 Dorman
Avenue and located at the southeast corner of Dorman Avenue and Linden
Street.
You are being notified because Idaho Code, 67-6509, Local Planning Act 67-
6509, requires notice of this public hearing to be provided to all political
subdivisions providing services to the site and to all property owners or
purchasers of record who own property within 300 feet of the subject area.
Correspondence regarding the proposal is to be submitted to the Planning
& Zoning Department no later than five (5) working days prior to the public
hearing. Public testimony will be taken at the hearing and made a part of the
record.
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 Anne Marie Skinner at amskinnerra�_ci.caldwell. d.us or
faxing her 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 is 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 listening 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 leader will ask those In the audience supporting the testimony 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 officia s 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 philosophy, 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 speciSc, to the point and concise, it will
be given as much attention 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 made,
and find the best course for the overall public good. While Be prepared to compromise.
Any person needing special accommodations to participate in the meeting should contact the City Office at 208-466-4667 prior to the
meeting.
Cualquier persona necesitando comodidades especiales Para participar an Is reun16n debe contactar al las oficinas de Is Ciudad o Ilame a 208-455-
4667 antes de la reuni6n.
aa�SEF��F
AMERICA
City Hall • 411 Blaine St. • P.O. Box 1179 • Caldwell, Idaho 83606 • (208) 455 3000 • FAX: (208) 455-3003 • www.cityofcaldw 11-com
5L-3
NOTICE IS HEREBY GIVEN that the Caldwell City Council will conduct a
public hearing on Monday, November 15, 2010, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the Community Room of the Caldwell
Police Department, 110 S. 5th Avenue, Caldwell, Idaho in order to hear the
following:
Case Number DAN-184-10 a request by Michael Breshears and Angela Coleman
to de -annex from the City of Caldwell 2.56 acres addressed as 2511 Dorman
Avenue and located at the southeast corner of Dorman Avenue and Linden
Street.
You are being notified because Idaho Code, 67-6509, Local Planning Act 67-
6509, requires notice of this public hearing to be provided to all political
subdivisions providing services to the site and to all property owners or
purchasers of record who own property within 300 feet of the subject area.
Correspondence regarding the proposal is to be submitted to the Planning
,& Zoning Department no later than five (5) working days prior to the public
hearing. Public testimony will be taken at the hearing and made a part of the
record.
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 Anne Marie Skinner at amskinneoggi.caldwell.id.us or
faxing her 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 BEARINGS
t. Remember your objective ... It is 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 listening 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 leader will ask those in the audience supporting the testimony to stand. This conveys to the decision makers the senousness with
which the issue is viewed by the attending parties.
3. Speak to the point ... Public oNf�als have heard hundreds of people give testimony. They are grateful when the testimony is pertinent, well
organized, and d'rectly regards the matter at hand. Long stories. leclures or philosophy, 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 be ng 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 attention as oral testimony.
7. Be reasonable..,. Put yourself in the shoes of the decision makers. They must balance all po-nts of view. interests and proposals be'ng made,
and find the best course for the overall public good. While. Be prepared to compromise
Any person needing special accommodations to participate in the meeting should contact the City Office at 208455-4667 prior to the
meeting.
Cualquier persona neccsitando comodidades especiales para participar en a reunidn debe contactar al las oficinas de la Ciudad o Ilame a 208-455-
4667 antes de la reun bn.
NOTICE IS HEREBY GIVEN that the Caldwell City Council will conduct a public
hearing on Monday, November 15, 2010, at 7:00 p.m. in the Community Room of the
Caldwell Police Department, 110 S. 5th Avenue, Caldwell, Idaho in order to hear the
following:
Case Number DAN-184-10 a request by Michael Breshears and Angela Coleman to de -
annex from the City of Caldwell 2.56 acres addressed as 2511 Dorman Avenue and
located at the southeast corner of Dorman Avenue and Linden Street.
Case files and exhibits relative to this request are on file at the Caldwell Planning and
Zoning Department located at 621 Cleveland Blvd. Files are available for review during
the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. For any further information,
please call 455-3021. A person who is visually and/or hearing impaired, or needs an
interpreter should contact the City prior to the meeting.
PUBLISH DATES: Sunday, October 31, 2010.
A
J.
April Cabello
From: Legals [legals@idahopress.com]
Sent: Wednesday, October 27, 2010 10:19 AM
To: April Cabello
Subject: Re: Legal Notice - City Council Hearing
Thank you,1 have received your request for publication
Katherine Holmquist
Idaho Press Tribune &
Emmett Messenger Index
465-8128 (ph)
475-2338 (fax)
Legals@idahopress.com
- Publish Date Sunday Oct. 31, 2010
— Original Message —
From: April Cabello
To: 'Legals'
Sent: Wednesday, October 27, 2010 9:41 AM
Subject: RE: Legal Notice - City Council Hearing - Publish Date Sunday Oct. 31, 2010
Hello,
The attached notice if for the City Council hearing on November 15, 2010 to be published on
Sunday, October 31, 2010.
Thanks
April Cabello
Planning Technician
City of Caldwell
(208) 455-4667 phone
(208) 455-3050 fax
PUBLIC HEARING REQUEST FOR AGENCY
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