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PLANNING AND ZONING/HEARING EXAMINER
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r aCITY OF
GARRET
Caldwell, ldaho 83605
Post Olfice Box
P.O. Box .l 179
Caldwell, ldaho 83606
For a list ofthe City
Council members, visit:
Wcbslte
www.cityofcaldwel I.com
Caldwell Planning &Zoning Commission agenda for Public Hearing on Tuesday, April 9,
2019 at 7:00 p.m., in the Community Room, Caldwell Police Department, 110 South 5d'
Avenue, Caldwell, Idaho.
AGEi\DAI. Call to OrderII. Review of ProceedingsIII. Old Business:
ACTION ITEM: Approve Minutes of the March 12, 2019 meeting as signed by
Chairperson Doty-Pomoransky.
IV. New Business:
ACTION ITEM: Case Number DAI[-19-01: A request by Jeff
Beagley and Randy Wood to de-annex from the City of Caldwell 0.24
acres, more or less. The property is zoned RS-l (Residential Estates)
and is a portion of the property located at the intersection of Lincoln
Road and Midland Boulevard (Parcel R3406200000) in Caldwell,
Idaho.
ACTION ITEM: Case Number ANN-19-01/SUP-19-07: A request by
Marv Quenzer and Mason & Associates to annex four parcels totaling
39.89 acres, more or less, with an R-l (Low Density Residential)
zoning designation with a Development Agreement. Also being
requested is a special-use permit to construct and operate an RV Park
within the proposed R-1 (Low Density Residential) zoning district.
The subject properties are located at the southwest corner of Aviation
Way and Marblefront Road, in Caldwell, Idaho (Parcel #'s
R3512901300, R3512801000, R3512800000, & R35128010A0).
ACTION ITEM: Case Number SUP-19-06: A request by TJ Frans and
Heritage Community Charter School for a special-use permit to expand
an existing public schooVeducational facility within the R-3 (High
Density Residential) zoning district. The subject property is located at
1803 E. Ustick Road (ParcelR357230l200) in Caldwell, Idaho.
V. Planning and Zoning Issues, If any.VI. Next Planning and Zoning Commission Scheduled Public Meeting Date:
June 1 1,2019
VII. Adjourn
SUGGESTIONS FORTESTIFYINC AT PUBLIC HEARINGS
I . Remember your objective...lt 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
behalfofthe group. The leader will ask those in the audience supporting the testimony to stand. This conveys to the decision
maken the seriousness with which the issue is viewed by the attending parties.3. Speak to the point...Public officials have heard hundreds ofpeople give testimony. They are grateful when the testimony is
pertinant, 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 oftime.4. State your recommendation.5. Be informcd.... Get a copy of the plan being hcard, the statT 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 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 Offrce at 20E 455-
4664 prior to the meeting.
Cualquier persona necesitando comodidades especiales para participar en la reuni6n debe contactar al las oficinas de la Ciudad
o llame a 208 455- 4664 antes de la reuni6n.nl
;
208.455.3011
(0 208.455.3003
City Hall
41 1 Blaine Street
O crrY oF .ALD*ELL O
CALDWELL PLANNING AND ZONING COMMISSION MINUTES
Community Room, Caldwell Police Department
110 South Str Avenue, Caldwell, Idaho
April9,2OL9,7:00 P.M.
Call to Order -Chairperson Doty-Pomoranslqy called the meeting to order at 7:03 p.m.
Review of Proceedings -
Roll Call -
Members Present: Ed Doty-Pomoransky, fames Nelson, Roger Page, Dana Vance
Members Absent: Betsy Hunsicker
Staff Present: farom Wagoner (senior Planner/Development Team Leader), Robb
MacDonald [City Engineer), Lori Colligan [Administrative Secretary)
StaffAbsent: None
Old Business: Approve minutes of March 72,2079 regular meeting as previously signed by
C hairman Doty- Pomoransky.
MOTION: Commissioner Nelson. SECOND: Commissioner Page. Passed: Unanimous roll call vote.
New Business:
1. Case Number DAI[-19-01: A request by Jeff Beagley and Randy Wood to de-annex
from the City of Caldwell0.24 acres, more or less. The property is zoned RS-l (Residential Estates) and
is a portion of the property located at the intersection of Lincoln Road and Midland Boulevard (Parcel
R3406200000) in Caldwell, Idaho.
Testimonv:
farom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting to de-annex approximately 1.35 acres. The applicant
would like the property to revert to Canyon County agriculture zoning. They want to de-annex a
small portion of the property to adjust the property line.
Mr. f eff Beagley, 1950 Sand Hollow Rd. Caldwell, ID stated the owner wants to build a shop and
needs to adjust the property line.
Mr. Randy Wood, signed in favor but chose not to speak.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page. SECOND: Commissioner Vance,
Passed: Unanimous voice vote.
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Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Page. SECOND
Commissioner Nelson. Passed: Unanimous voice vote.
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed and the evidence list. MOTION: Commissioner Vance. SECOND: Commissioner
Page. Passed: Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. M0TION: Commissioner Page. SECOND: Commissioner Nelson. Passed:
Unanimous voice vote.
RECOMMENDATION FOR DAN-19-01 (Deannexation) MOTION: Commissioner Nelson that Case
Number DAN-19-01 be approved SECOND: Commissioner Page. Passed: Unanimous roll call vote.
Z. Case Number ANN-19-01/SUP-19-O7: A request by Marv Quenzer and Mason &
Associates to annex three parcels totaling 38.97 acres, more or less, with an R-1 (Low Density
Residential) zoning designation with a Development Agreement. Also being requested is a special-
use permit to construct and operate an RV Park within the proposed R-1 (Low Density Residential)
zoning district. The subject properties are located at the southwest corner of Aviation Way and
Marblefront Road, in Caldwell, Idaho (Parcel #'s R3512801000, R3512800000, & R35128010A0).
Testimonv:
f arom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting to annex 39 acres with an R-1 zoning designation.
The applicant is also requesting approval to construct and operate an RV Resort. There are some
conditions regarding the special use permit; curb, gutter and sidewalk They would also be required
to landscape the area.
Mr. Wagoner also read a statement from Idaho Code 67-6535.
Commissioner Nelson asked about the condition of a buffer on Aviation way, is there a road there?
Mr. Wagoner stated that there will be as each area develops.
Commissioner Vance asked if it was an R-1 designation. Would an RV park be considered high
density?
Mr. Wagoner stated that is the reason for the special use permit.
Mr. William Mason, Mason and Associates, g24 3'a St. S., Nampa, Idaho stated the project before
them tonight is Sun Creek Resort. It will be similar to the RV Resort off of Smeed. The resort will be
on the east side of the drain. They are actually buffered by the drain itself. There will be probably
one entrance to the resort, there will be a secondary emergency entrance for fire. They are in
agreement with the conditions.
Commissioner Vance asked if they had an approximate number of RV spots there would be.
Mr. Mason stated 225.
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Commissioner Vance asked about how many storage units?
Mr. Mason stated they have not figured that out yet.
Mr. Dan Roberts [in favor), 3415 Marblefront Road, stated he lives directly across from where this
will be developed. In the past 5 to 6 years with the other subdivisions that have come in traffic has
really increased. Personally, he would prefer it stay a farm. He is in favor of this because he prefers
this to a subdivision. He also likes that it is not a KOA. It will be large motor homes and this seems
like a good use.
Shawn Strong, (in opposition) 208 Bridgeport Ave, wanted to say he's not opposed to him doing
what he wants with his property. He stated there is a school right there and his daughter walks to
school and crosses the street, his concern is the increase in traffic.
Commissioner Nelson asked what the speed limit is?
Mr. Strong stated 35 mph.
Commissioner Doty asked if there was a crosswalk there
Mr. Strong stated yes, but sometimes she gets to school before the cross guard gets there.
Ms. Cheryl Sanderson, Van Buren Elementary School, 3115 Marblefront, Caldwell, Idaho stated they
support the annexation but object to the special use permit. It detracts from the neighborhood; it
doesn't fit within the surrounding uses. And it will increase large vehicle traffic. The school zone
does overlap with the property. They are concerned with the transient nature of the residents.
Idaho Code does allow a sex offender to be in a temporary location for up to 7 days. They want to
go on record stating these concerns.
commissioner Nelson asked if the information comes from the school board.
Ms. Sanderson stated it comes from the Administration
Ms. April Burton, CFO Caldwell School District, 3115 Marblefront, Caldwell, Idaho stated she
supports the comments made by her colleague; the district is very concerned with the transient
nature of the residents. Within a 1.5 mile radius is a walking area for their children. They feel the
special use permit is not conducive to the surrounding area.
Commissioner Vance asked if there is a code stating how far a sex offender has to be within a
school?
Ms. Burton stated she did not know.
Dana dekruyf,204 Bridgeport Ave., Caldwell, Idaho signed in opposition but chose not to speak.
Shawn Strong, 208 Bridgeport Ave., Caldwell, Idaho signed in opposition but chose not to speak.
Sue Smith, 124 Bridgeport Ave., Caldwell, Idaho signed in opposition but chose not to speak.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page. SECOND: Commissioner Nelson.
Passed: Unanimous voice vote.
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MOTION TO OPEN PUBLIC TESTIMONY: Commissioner Page. SECOND: Commissioner Vance.
Passed: Unanimous voice vote.
Mr. Mason (rebuttal) stated he was shocked at what he just heard. This was meant to be a resort
for snowbirds. He doesn't expect a high turnover. There will be a club house and a club house
manager on staff. It will be observed and watched. He believes if there were problems the City
would revoke the SUP.
Commissioner Vance asked about the lighting
Mr. Mason stated they will address that.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Page. SECOND: Commissioner Nelson.
Passed: Unanimous voice vote.
Comprehensive PIan Analysis (ANN-19-01): The Caldwell Planning and Zoning Commission
accepts the Comprehensive Plan components as Iisted in 5.1 and 5.2. MOTION: Commissioner
Nelson. SECOND: Commissioner Page. Passed: Unanimous voice vote
Findings of Fact (ANN-19-01): The Caldwell Planning and Zoning Commission accepts the
Findings of Facts components as listed and the evidence list. MOTION: Commissioner Vance.
SECOND: Commissioner Page. Passed: Unanimous voice vote.
Conclusions of Law (ANN-19-01): The Caldwell Planning and Zoning Commission accepts the
Conclusions of Law components as listed. MOTION: Commissioner Nelson SECOND: Commissioner
Page. Passed: Unanimous voice vote.
RECOMMENDATION FORANN-19-01 (Annexation) MOTION: Commissioner Page that Case
Number ANN-19-01 be approved with the following conditions: 8.2 - 8.9 SECOND: Commissioner
Nelson. Passed: Unanimous roll call vote.
Comprehensive Plan Analysis (SUP-19-07): The Caldwell Planning and Zoning Commission
accepts the Comprehensive Plan components as listed in 9.1 and 9.2. MOTION: Commissioner
Vance. SECOND: Commissioner Page. Passed: Unanimous voice vote
Findings of Fact (SUP-19-07): The Caldwell Planning and Zoning Commission accepts the Findings
of Facts components as listed and the evidence list. MOTION: Commissioner Vance. SECOND:
Commissioner Page. Passed: Unanimous voice vote.
Conclusions of Law (SUP-19-07): The Caldwell Planning and Zoning Commission accepts the
Conclusions of Law components as listed. MOTION: Commissioner Page. SECOND: Commissioner
Nelson. Passed: Unanimous voice vote.
ORDER FOR SUP-19-07 (Special Use Permit) MOTION: Commissioner Vance that Case Number
SUP-19-07 be approved with the following conditions:12.2-12-13 SECOND: no second
Commission needed further discussion.
AMENDED MOTION: Commissioner Vance that Case Number SUP-19-07 be approved with the
following conditions: 12.2-12-75 with the modification of the following conditions: L2.71privacy
fence will surround the facility on Aviation Way and Marblefront that would be on the park side of
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the right-of-way and on ,ntah and West side of the property i..rta the property line and
the landscaping can be inside. Condition 72.74 requesting downward facing lighting to prevent off-
site lighting and Condition 12.15 to add a gate for the irrigation district to be able to monitor their
right-of-way. SECOND: Commissioner Page. The motion to approve passed, with a maiority
voting in favor: Vance, Page, Doty and one voting opposed: Nelson Roll call vote
3. Case Number SUP-19-06: A request by Tf Frans and Heritage Community Charter
School for a special-use permit to expand an existing public school/educational facility within the
R-3 (High Density Residential) zoning district. The subject property is located at 1803 E. Ustick
Road (Parcel R3572301200) in Caldwell,ldaho.
Testimonv:
f arom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff report.
Mr. Wagoner stated the applicant is requesting special use permit approval to construct an addition
to an existing charter school.
Commissioner Nelson asked what exactly is being done.
Mr. Wagoner stated they are building a new classroom addition; 5,500 sq feet it will house 4 new
classrooms.
Mr. Macdonald,62L Cleveland Blvd, Caldwell, Idaho stated that he is here representing the school,
he served on the school board for 6 Yz years. It is a charter school and it is getting a little crowded.
It will not increase the number of allowed students or the student population and they are having to
share space.
Adam Garcia, 7202Peregrine Ct., Caldwell, Idaho signed in favor but chose not to speak.
MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Vance. SECOND: Commissioner Nelson.
Passed: Unanimous voice vote.
Findings of Fact: The Caldwell Planning and Zoning Commission accepts the Findings of Facts
components as listed. MOTION: Commissioner Page. SECOND: Commissioner Vance. Passed:
Unanimous voice vote.
Conclusions of Law: The Caldwell Planning and Zoning Commission accepts the Conclusions of
Law components as listed. MOTION: Commissioner Nelson. SECOND: Commissioner Page. Passed:
Unanimous voice vote.
ORDER FOR SUP-19-06 (Special Use Permit) MOTION: Commissioner Page that Case Number
SUB-19-06 be approved with the following conditions: 8.2 SECOND: Commissioner Vance. Passed
Unanimous roll call vote.
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Comprehensive Plan Analysis: The Caldwell Planning and Zoning Commission accepts the
Comprehensive Plan components as listed in 5.1 and 5.2. MOTION: Commissioner Vance. SECOND:
Commissioner Page. Passed: Unanimous voice vote
o oV. Planning Issues -
A. There will be a training session - not sure on the date yet.
B. The next regularly scheduled Planning and Zoning Commission hearing is scheduled for
May 14,20L9.
VII. Adiournment MOTION: Commissioner Nelson. SECOND: Page
The meeting was adjourned at approximately B:43 p.m.
MINUTES APPROVED AND SIGNED BY CHAIRPERSON ED DOTY.POMORANSKY ON THE DATE
NOTED BELOW:
, Chair
ATTEST
Jaro Wago AICP, Senior Planner
FOR DETAITED MINUTES, PLEASE REQUEST A COPY OF THE RECORDING.
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Planning and Zoning Minutes
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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: Nampa Paving DeAnnexation
CASE NUMBER: DAN-19-01
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IN FAVOR NEUTRAL
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IN OPPOSITION
Subiect:
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Recommendation by the
Caldwell Planning & Zoning Commission
City of Caldwell, Idaho
Public Hearing held April 9,2OL9
Case No. DAN-19-01 (Randy Wood De-Annexation)
The following Land use Action is the primary feature of this application:
a De-Annexation of approximately 0.24 acres, more or less.
TABLE OF CONTENTS:
COURSE OF PROCEEDINGS
GENERAL FACTS
TESTIMONY
APPLICABLE LEGAL STANDARDS
FINDINGS OF FACT
CONCLUSIONS OF LAW
RECOMMENDATION
I COURSE OF PROCEEDINGS
The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application
DAN-19-01tobeheldonApril9,20L9. PublicnoticerequirementssetforthinldahoCode.Chapter
65, Local Planning Act, were met. 0n, or before, March 24,2019, notice was published in the Idaho
Press Tribune, and on, or before, March 22,2079 notice was mailed to all political subdivisions
providing services to the site and to all property owners within 300 feet of the project site; and on,
or before, March 28,2079 notice was posted on the site.
t.t
L.2 On April 9,20L9 the Caldwell Planning & 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,62l Cleveland Boulevard, Caldwell and at applicable public hearings.
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2.2 OWNER: Randy Wood, Nampa Paving, 444W. Karcher Road, Nampa, Idaho, 83687.
REQUEST: The applicant is requesting to de-annex approximately 1.35 acres. The applicant would
like the property to revert to Canyon County agricultural zoning.
II
2,L
2.3
2.4
2,5 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
Case No. DAN-19-01 (Nampa Paving De-Annexation)
P&Z Recommendation
GENERAL FACTS
APPLICANT: f eff Beagley, Sawtooth Land Survey,2030 S. Washington Avenue, Emmett, Idaho,
83677.
COMPREHENSIVE PLAN DESIGNATION: The subject property is designated as Residential Estates
on the CaldwellComprehensive Plan Map.
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Direction
Site
North
South
East
West
III
3.1
IV
4.7
4.2
4.3
V
5.1
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Case No. DAN-19-01 (Nampa Paving De-Annexation)
P&Z Recommendation
Zone Comprehensive Plan
RS-1 Low Density Residential
County Low Density Residential
RS-1 Low Density Residential
County Low Density Residential
RS-1/County LowDensityResidential
Use
Residential
Vacant Land
Vacant Land
Vacant Land
Vacant Land
2.6 Transportation/Connectivity: The subject property takes access from Midland Boulevard.
2.7 Public Services. Utilities and Facilities: The engineering department, fire marshal, building
department, police department, and Canyon County DSD, were all sent a request for comment.
VI
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PUBLIC TESTIMONY
BEF0RE THE PLANNING & ZONING COMMISSI0N, April 9,2019
farom Wagoner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner, presented the staff
report. Mr. Wagoner stated the applicant is requesting to de-annex approximately 1.35 acres. The
applicant would like the property to revert to Canyon County agriculture zoning. They want to
de-annex a small portion of the property to adjust the property line.
Mr. leff Beagley, 1950 Sand Hollow Rd. Caldwell, ID stated the owner wants to build a shop and
need to adjust the property line.
Mr. Randy Wood, signed in favor but chose not to speak.
APPLICABLE LEGAL STANDARDS
City of Caldwell Zoning Ordinance No. 1451, as amended
City of Caldwell Comprehensive Plan, as amended
Idaho Code, Title 67, Chapter 65, Local Planning Act
FINDINGS OF FACT
The Caldwell Planning & Zoning Commission accepts the facts outlined in the staff report, public
testimony and the evidence list. All adopted city ordinances, standards and codes were used in
evaluating the application.
CONCLUSIONS OF LAW
The Caldwell Planning & Zoning Commission has the authority to hear this case and recommend to
the Caldwell City Council that it be approved or denied. The public notice requirements were met
and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances.
RECOMMENDATION
Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning & Zoning Commission
hereby recommends to the Caldwell City Council that Case Number DAN-19-01 a request by feff
Beagley and Randy Wood to de-annex from the City of Caldwell 0.24 acres, more or less for the
property that is zoned RS-1 (Residential Estates) and is a portion of the property located at the
intersection of Lincoln Road and Midland Boulevard (Parcel R3406200000) in Caldwell, Idaho, is
approved.
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Case Number DAN-19-01 was heard by the Caldwell Planning & Zoning Commission at a public hearing
held April 9,2019.
The Findings of Fac! Conclusions of Law, and Recommendation were administratively approved and
signed by the Planning & Zoning Chairman on the date noted below.
Chairman
ATTEST:
Date I AICP
Case No. DAN-19-01 (Nampa Paving De-Annexation)
P&Z Recommendation
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