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REGUI"ARMEETING
JUNE 21,2004
7:ffiP.M.
The Meeting was called to order by Mayor Nancolas.
The Invocation was offered by- Pastor Randy Garmon from the Deer Flat Free Methodist church. The Mayor askedthat everyone remain standing for the pledge;fAllegiance to the Flag.
The Mayor requested a momcnt of silence in honor of President Ronald Regan who recentty passed away and thcapproximately 2,500 Idahoans who have been called up ard will bc seruing in tr;q.
The Roll of the city council was called with the following members present: Hopper, ozunq Dakan, wells (latearrival), Blacker, and Oates. Absent: none.
SPECIAL PRESENTATIONS
Kelli Fairless, Executive Director ofvalleyRide, 830 N. Main, Suite 230, Meridian, gave the annual report and budgetrequest for valleyRide for fiscal year 2005. F,airless p-rwided copies ofthe fundingiequest ro council. She explaiiedthe funding structurc and rcquested funding of $ I 9,81s for aaministratir. ar.r,-ia]s)l for large express services, and$6I'832 for the scrvices that travel betweJn Nampa and caldwell and also serve ti:ie local communiry. she thankedthe Council and Mayor for thcir support ofValleyRide.
ADDMONS OR DELETIONS TO TIIE AGENDA
MovED by oates, SECoNDED by Dakan to add item #6 to the consent calen&r, a resolution authorizing theexecution of a Lease and Trust Agreement for the construction of water system facilitils between the city and wellsFargo Bank.
Roll call vote' Those voting yes: oates, Hopper, ozuna, Dakan, and Blacker. Those voting no: none. Absent and/ornot voting: Wells.
MOTIONCARRIED
MOVED by Dakaa SECONDED by Oaresto approve agenda as amended.
Roll call vote' Those voting yes: Dakan, Blacker, oates, Hopper, and ozuna. Those voting no: none. Absent 8nd/ornot voring: Wells.
MOTIONCARRIED
AI,JDIENCE PARTICIPATION
Leo Holmes, I l2l Main Street, complsined about the noise and activity at the Arnerican Legion at I I 12 Main streetwhen-it is being rented-out to groups. councilman oates asked ifvehicles or peoplc blocked the sidewalk. Holmesstated that both blocked it.
CONSENT CALEhIDA.K
The Mayor prcsented the following items on the consent calendar for approvat by the Members of thc city council:
l' Dispensc with reading ofthe minutes ofthe June 7,2004 Regularcity council Meetingand approve as written;2' Approve acceptancc of the minutcs from ths caldwell Goif Board'held on tvtay tr,2004, the caldwell TrafficCommission held on Junc 7, 2004, and the Caldwcll Industrial Airport Commission hetd on June 10, 20(X;3' Approve orders of Decision on case No. suB-DF-o4 (yMCA subdivision), calc No. BLC.0I-04(Woodrpringr Subdivisioa), and Case No. OA-5&04 (subdivision ordinance amendments);4' Approve amended Resolution No. 22-04A a concession Agreemenr with Macabi Inc. fka Mauricio euintero;5' Approvc an amended legal description for Bill No. I 3 (ordlnan.. r.1". ilsgif"i ;e vacation of Harrison Strcet;6' consider Resolution authorizing the execution of " i"rtifi"atc p;r;i;;;;;;.nr wi$ wells Fargo BrokcrageServices LLC for water reveruc certificates ofparticipation for water facilitiei imfrovemcnt project.
MoVED by Ozunq SECONDED by Hoppcr to approve the consent c&lendar as amended.
Roll call vote' Those voting yes: ozuna, Dakan, Blacker, oates, and Hopper. Those voting no: none. Absent and,/ornot voting: Wells.
MOTIONCARRIED
OLD BUSIhIESS
(CONSIDER BILL NO. 19 IORDINANCE NO. 2505I, A REQT'EST BY FAST TRAC ENTERPRISES TOREZONf, CERTAIN PROPRTY TO A C-2, WITH A'REQUEST TO WAIVE TIIE RULDS, PASS ON TIIEFIRST READING, A}ID APPROVE SUMMARY OF PI'BLICATIOTg
The Mayor indicated that thete was a public hearing on this irem and read Ordinance No. 2505 by title only:
AN ORDINANCE TO PROVIDE A G2 [COMMUNITY COMMERCI,AL] ZONE DESIGNATION FOR CERTAINLANDS; DETERMINING THAT SAID ZONING Is IN THE BEST INTEREST oF THE CITY oF CALDWELI.IDAHO; INSTRUCTING TI{E CITY ENGINEER ENO COTTMUT.TTV DEVELOPMENT DIRECTOR TO
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' 'There was discussion about the u"ru", ,"1r"o".,
Mayor to go back and negotiate a higher price.
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of the offer, and doing due diligence. Council t",the
(EXECUTTVE sEssIoN PURSUANT TO IDAHO CODE 67-234s ro Dlscuss PENDTNG LTTIGATTOI9
MovED blllopaer, SECoNDED by oates to convenc into an executive session pursuant to Idaho code 67-234j todiscuss pending litigation and property issues.
Roll call votc' Those voting yes: Hopper, ozuna, Dakan, wels, Blacker, and oates. Those voting no: none. Abscntand/or not voting: none,
MOTIONCARRIED
MOVED by Hopper, SECONDED by Oates to reconvene into the regular meeting.
Roll call votc' Those voting yes: Hopper, oarn4 Dakaq weus, Blacker, and oates. Those voting no: nonc. Absentand/or not voting: none.
MOTIONCARRIED
(coNsIDER AGREEMENT WrrH TIrE CANYON COUNTY HABTTAT FOR HUMANTTY rNc. IccHrrrl FoRrEE PURCITASE oF crrY PRoPERTY LocArED ii;i;s. ;*;viiifi;i\i oouro*rz, ExEcurroN oFRELATED DOCUMENTD
Ma* Hilty, 1303 -.l26Avenue Road, Nampa, stated that.thcre was a procedural hiccup and apologized to councilfor that He statcd that the city is authorized if it decms it in ttc uest'interJof thc citizons and if the propcrty isunused br underutilized to enter into this transactio3. q:.rr Ir a puuri" n""ri"g reauired and a noticc and opporhmityto be heard- It is a two-step process. If it is thc councilt #-i;;;;;;;;;th-o," ru*octio, oruinuai!,", gr.yw.ould simply declare- that the property is unused or underutilized and that it would be in the best inrcrest of thecitizens to enter into the transaction as tutlined here. The city would sell the property to catryon county Habitat forHumanity' Hilty stated that the properry is located
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jr n i. 'od a""r* f"i ,fi"iri"" of $4,660.00. The ciry wouldnoticc it for pubric hearing and after-ttre fiearing; cou"cflis autro.izcJto=i;,# '
MovED bY Hoppel-lE-coNDED by oates that the property locared at 514 s. 66 Avenue is dectared as exoessproperty and set a public hearing on a date certain, wrri"i i. luly ed, iool
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o.'i"grra city c"*"1 .r"tini -
Roll call vote' Those voting yes: Hopper, ozun4 Dakan, lvells, Blacker, and oates. Those voting no: none. Absentand/or not voting: none.
MOTIONCARRIED
Hilty noted that couucil is not obligated to sell this property to the highest bidder, but there does nced to bc a publichearing.
(ADJOURNMENT)
MOVED by Wells, SECONDED by Oates to adjoum at 12:t0 p.m.
Roll call votc. Those voting yes: wells, Blacker, oates, Hopper, ozunq and Dakan. Those voting no: none. Absentand/or not voting: none.
MOTIONCARRIED
APPROVED AS written TI{IS 6tr' DAy oF Julv .20M.
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REGULARMEETING
MAY 17,2004
7:00 P.M.
The Meeting was called to order by.Council President Hopper.
Council President Hopper asked that everyone stand while the Caldwell All-star Little League baseball players lead
the Pledge ofAllegiance to the Flag. The players introduced themselves and indicated that they plan to make it to the
Little League World Series and were appealing to Council for funding. Councilman Hopper indicated that the request
would be forwarded to the Mayor's office.
The Roll of the City Council was called with the following members present: Hopper, Ozuna, Dakan, Wells, Blacker,
and Oates (conference call). Absent: none.
SPECIAL PRESENTATIONS
None.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Blacker, SECONDED by Dakan to approve agenda as written.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent
and/ornot votitrg: none'
MorIoN .ARRTED
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
The Mayor presented the following items on the Consent Calendar for approval by the Members of the City Council:
l. Dispense with reading of the minutes of the Mray 1,2004 Regular City Council Meeting and approve as written;
2. Approve acceptance of the minutes from the Caldwell Housing Authority held on March2,2004, Caldwell Public
Hearing Before Hearing Examiner held on March 24,2004 and Caldwell City Traffic Commission Minutes held
on May I l, 2004;
3. Approve Orders of Decision on Case No. SUB-51(8)F-00 (South Park Unit No. 8) and Case No. ANN-85-03 and
Case No. SUB-96P-03 (Quail Ridge Subdivision);
4. Approve Publication ofBill No. l3 (Ordinance No,2499) for the vacation ofHarrison Sheet;5. Accept Assessment Roll for Local Improvement District No. 02-2 and set the Public Hearing for !une2l,20}4;
6. Accept Assessment Roll for Local Improvement Dishict No. 03-03 and set the Public Hearing for June 7, 2004;
7. Approve Resolution authorizing execution of a Consent for Access to Property with the United States
Environmental Protection Agency (EPA);
8. Approve Resolution declaring surplus property at Blocks 4 and 5 ofCity Addition and set Public Hearing for June
7,2004.
MOVED by Dakan, SECONDED by Blacker to approve the Consent Calendar as written.
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Ozuna. Those voting no: none, Absent
and/or not voting: none.
MOTION CARRIEDr Item 4 - summary w8s not prepared, Mark Hilty wlll preprre for Special Council Meetlng.
OLD BUSINESS
(CONTINUATION OF'PUBLIC HEARING [LEGISLATIVE] ON CASE NO. 0A-56.04, A REQUEST BY
THE COMMUNITY DEVELOPMENT DIRECTOR TO AMEND TIIE ZONING ORDINANCE BY ADDINGA NEW ARTICLE ENTITLED (TRANSPORTATION POLICIES' AND ADD SECTION 10-01.10
ENTITLED "TRAFFIC IMPACT STUDY REQUIREMENTS")
Council President Hopper declared this hearing open and indicated that staffhas requested a continuation.
MOVED by Wells, SECONDED by Blacker to continue Public Hearing to a time and date certain, which is June 21,
2004 at the Regular City Council Meeting.
Jerry Hughes, 5l 16 Laster Lane, stated that he is signed up in opposition to the request and asked to be notified ofthe
workshop for this item.
Roll call vote. Those voting yes: Wells, Blacker, Oates, Hopper, Ozuna, and Dakan. Those voting no: none. Absent
and/or not voting: none.
MOTION CARRIED
(CONSIDER BILL NO. 14 [ORDINANCE NO. 25OOI, REGARDING TEXT AMENDMENTS TO CHAPTER
10, ARTICLE 3, SECTION IO-03-07 OF PLANNED UNIT DEVELOPMENTS WITH A REQUEST TO
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;:T": 56s w. Myrtre, Boise, with r?**.* acknowredged being swom,' ""0 *;":T"fDr r*" tl"hdS
reviewed the staffreport and take no exception to the conditions.
MOVED by Dakan, SECONDED by Blacker to close the Public Testimony portion of this Publio Hearing'
'' Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent
and/or not voting: none' MorIoN .ARBJED
EVIDENCELIST:
The Council President presented the Evidence LisI Sign-up sheets labeled as CC-1000, staffreport, and final plat.
MOVED by Blacker, SECONDED by Dakan to approve the Evidence List as presented by the Council President.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent
and/or not voting: none' MorIoN .ARRIED
FINDINGS OF FACT:
MOVED by DakarL SECONDED by Ozuna to accept the general facts as outlined in the staff report, the public
testimony, and the fact that there was no testimony in opposition.
Roll call voto, Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent
and/or not voting: none'
MorIoN .ARRIED
CONCLUSIONS OF LAW:
MOVED by Ozuna, SECONDED by Blacker that the City Council has the authority to hear requests on final plats and
.. to make thi decision to approve or deny, the public hearing was noticed and heard within ttre guidelines of applicable
state codes and local ordinances.
Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent
and/or not voting: none' MorIoN .ARRIED
ORDER OF DECISION:
MOVED by Dakan, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the
Caldwell City Council orders that Case No. SIJB-99F-04, a requost by Treasure Valley YMCA for final plat approval
to develop 2 commercial lots in a C-l zone is approved.
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Ozrma. Those voting no: none. Absent
and/or not voting: none' MorIoN .ARRIED
MOVED by Blacker, SECONDED by Dakan to close the Public Hearing.
Rolt call vote. Those voting yes: Blacker, Oates, Hopper, Ozuna, D4kan, and Wells. Those voting no: none. Absent
and/or not voting: none'
MorIoN .ARRTED
(Pt BLIC IIEARING [QUASIJITDICIALI ON CASE NO, ELC-01-04, A REQUEST BY SILVERIIAWK
DEVEII)PMENT TO MoDITT A SUBDIiISION PIJ\T CONI,ITION REGARDING SETBACKS PII\CED
oNTEEWOODSPRTNGSSIBITTVISON)'"
Those signed up to speak were sworn in by the City Clerk.
Joan Johnson, Community Development Planner, 621 Cleveland Blvd., acknowledged being sworn in and gave the
staffreport.
Doug Bat! 2606 S. Willowbrook, acknowledged being sworn in and testified in favor of the request and stated that
they would like a l5-foot setback.
MOVED by Blacker, SECONDED by Dakan to olose the Public Testimony portion of this Public Hearing.
Roll call vote. Those voting yesi Blacker, Oates, Hopper Ozuna, Dakan, and Wells. Those voting no: none. Absent
and/or not voting: none' MorIoN .ARRIED
EVIDENCE LIST:
The Council President presented the Evidence List: Sign-up sheets labeled at CC-1000.
MOVED by Ozuna, SECONDED by Blacker to approve the Evidence List as presented by the Mayor'
Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none' Absent
and/or not voting: none'
MorIoN CARRIED
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Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent
and/or not voting: none'
MorIoN .ARRIED
APPROVED AS lvuttcn THIS 7th DAY OF 2004.
Mayor
ATTEST:.
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!h"uroo AGENDA
CITY COUNCIL MEETING o
IUNE 21,20A4 AT 7:00 P.M.
INVOCATION BY PASTOR RANDY GARMON OF DEER FLAT FREE METHODIST CHURCH.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLI CAIL.
SPECIAL PRESENTATIONS
Presentation by ValleyRide
ADDITIONS OR DETETTONS TO THE AGENDA.
AUDTENCE PARTICTPATION.
CONSENT CALENDAR:
1,. Dispense with reading of the minutes of the June 7,2}O4Regular City Council Meeting and approve as written;2. Approve accePtance of the minutes from the Caldwell Golf Boardheld on May 19,2004,^tire Caldwell Traffic
Commission held on June 7 ,2004, and the Caldwell Industrial Airport Commission held on June 10, 2004;3' Approve Orders of Decision on Case No. SUB-99F-04 (YMCA Subdivision), Case No. ELC-01-04 (Woodspringp
Subdivision), and Case No. OA-58-04 (subdivision ordinance amendments);4. Approve amended Resolution No. 22-044 a Concession Agreement with lvi.acabi Inc, fka Mauricio euintero;5. Approve an amended legal description for Bill No. 13 (Ordinance No. 2499) for the vacation of Harrison Stree!OLD BUSINESS
1' Consider Bill No' 19 (Ordinance No, 2505), a request by Fast Trac Enterprises to rezone certain property to a C-2,with a request t9y{ve the rules, pass on the first reading, and approvu .r* ury of publication2. Continuation of Pu_blic Hearing to consider acceptance of the Assessment Roll for^Local Improvement Dishict(LID) 03-3 for Ross Lane Sewer.3' Consider Bill No. 22 (Ordinance No. 2508) confirming the Assessment Roll for LID 03-3 with the request to waive
the rules and pass on the first reading4. Consider am_en!9d legal description for Bill No. 12 (Ordinance No. 2498), a request by JJ Howard Engineers for
Quail Ridge Subdivision, with request to waive the rules and pass on the iirst reading. " --
5. Continuation of Public Hearing (legislative) on Case t,to. oA-so-04, a request by de Community DevelopmentDirector to amend the Zoning Ordinance by adding a new article entitied "Transportation poiicies" and add
Section 10-01-10 entitled ,,Traffic Impact Study Requirements.,,6' Second Reading to consider Bill No. 18 (Oidinance No. 2504) authorizing the City of Caldwell to create anirrigation utility,
NEW BUSINESS
1" Public Hearing to consider acceptance of the Assessment Roll for Local Improvement Dishict (LID) 02-2 for thepayment of connection fees for sewer and water for the City of Caldwell.2' Consider Bill No. 21 (Ordinance No, 2507) confirming the Assessment Roll for LID 02-2 with the request to waivethe rules and pass on the first reading3' Public Hearing to consider modification of ordinance No. 2403 vacating portions of Illinois, Iowa, Ash Street, andthe alley between Ash and Oak Street.4' Consider Bill No. 23 (Ordinance No. 2509) modifying Ordinance No. 2403 requiring improvements to Oak Street.5' Public hearing (quasi-iudicial) on Case Nos. ANN-88-04 & SUB-102P-04, requests Uy nrittany Developmenq LLCto annex approximately 74.05 acres as a R-1 zone (includes a development agreemeng, and preliminary platapproval of Brittany Heights, consisting of 303 residential lots and 26 commin lots.6' Public Hearing (quasi-judicial) on Case No. ZON-39-04 a request by Naomi Robillard to rezone from R-1 to R-2.
7 ' Pubtc Hearing (quasi-judicial) on Case_ No, SUB-588(3)F-00 (Blackhawk #3), a request by Arbor Ridge, LLC forfinal plat approval of 50 residential and 2 common urui lot in an R-L zone.8' Public Hearing (quasi-judicial) on Case Nos, ANN-87-04 & SUB/PUD-701P-O4,requests by Hubble Engineeringto annex 39.57 acres as R-1 zone (includes a development agreement), and preliminar), pLt upprora or a pun
(Kingsview Estates), consisting o1766 residential lotsand t3 common lots,9. Financial and Human Resource Reports.
10. Council Reports.
1.1. Mayor's Comments.
12' Executive session Pursuant to Idaho Cod,e 67-2345 to discuss threatened or pending litigation.L3' Consider agreement with the Canyon County Habitat for Humanity I";. lCCffflfffor the purchase of Cityproperty located at 514 S. 6ft Avenue and authorize execution of related documents.14. Adjourn.
Ne-xt R-egular City Co^uncil Meeting is on luly 6,2004 (Tuesday) at 7:00 p.m.in the Community Room at the CaldwellPolice Station at 110 South Fifth. Any person needing speciai accommodations to participate in the meeting shouldcontact the City Clerk at 621 Cleveland Blvd. or call *E{s-+oso prior to the meeting. Agendalnd Minutes can be viewedon the City of Caldwell's website: www.citvofcaldwell.com a
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CASE NUMBER ELC-01-04
SEEKING RELIEF FROM LEGISLATIVE CONDITION THROUGH AMENDING ORDER OF DECISION
RELATING TO WOODSPRTNGS ESTATE (Case No. SUB-76p-02)
Order of Decision
BEFORE THE MAYOR AND COUNCIL
CITY OF CALDWELL,IDAHO
JUNE 21,2004
A REQUEST BY SILVERHAWK DEVELOPMENT CORPORATION FOR 5 FOOT FRONT YARD SETBACK
RELIEF ON THREE APPROVED SUBDIVISON LOTS, LOCATED IN WOOD SPRINGS ESTATES, A
SUBDIVISION CREATED THROUGH THE PLANNED UNIT DEVELOPMENT PROCESS
TABLE OF CONTENTS:
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1.1
COURSE OF PROCEEDINGS,
GENERAL FACTS,
APPLICABLE LEGAL ANALYSIS,
TESTIMONY,
COM PREH ENSIVE PLAN ANALYSIS,
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
ORDER OF DECISION,
OTHER CONDITIONS OF APPROVAL:
I COURSE OF PROCEEDINGS
1.2
The Caldwell Community Development Department issued a notice of Public Hearing on application ELC-61-04,
to be held before the Mayor and City Councilon May 17,2004. Public notice requlremenis set forth in ldaho
9ode, Chapter 65, Local Planning Act, have been met. On May 2,2004 notice was published in the ldaho press
Jlhgler 31d on April 29, 2004 notice was mailed to all property owners within 300 feet of the projectlite; anil, on
May 6, 2004 notice was posted on the site.
Files and exhibits relative to this application are available for review in the Community Development Department
and were available for review at the hearing.
GENERAL FACTS
Applicant: Doug Batt, 2606 South Willowbrook Place, Caldwell, lD 83605, and Dba, Maplewoods L.L.C.Reouest: ln October of 2002 the City Council (see CC-3) granted Silverhawk Development Corporation approval
to develop a subdivision to be known as Wood Springs Estates . The approved projeit consisted of 21 residentiat
lots, 4 lots dedicated for single level town homes (built on zero lot lin6s) and'trrvo common areas situated on
approximately 5.9 acres of land zoned R-1. The final plat was recorded on Februa ry 11,2004.
Subsequent, the developer obtained building permits and started building houses. As this process was underway
it was determined that because of the way the plat had been recorded, thiee of the lots (lois 5c, 5b and 15f) wereunbuildable unless these lot's_ front yard setbacks could be reduced from the twenty -foot residential loning
ordinance standard down to fifteen feet.
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2.1
2.2.1
Staff was receptive to providing this relief through the Community Development Directo/s administrative authoritythat allows him to reduce the front yard setback by the requesied amount (five feet). However, in the order ofdecision, condition 9.9 states: Front lot setback shall not be less than twenty feet fiom the property line. The
Director does not have the administrative authority to override an order of deciiion (nor should hej. ffie Director
consulted with Mark Hilty and they agree that the City Council may modify the front yard setback fiom twenty feet
down to fifteen feet or direct the director to do this through amending the order of decision.
CC - Z
Pubilc Hearir,, * *linT,"3L1
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2.3
2.3.1
2.3.2
2.3.3
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Accordingly, staff is r."or..Q rour consideration of this request ov sirvgtk Development to reduce the frontyard setbacks on these three lots by the requested amount (five feet).
PUBLIC FACILITIES:
Schools: The Caldwell School District was notified of this request on April 29,2004.
Fire Protection: ln a memo dated April 26,zoo4,,the Fire Marshal submitted the following comment: The CFD isaware of this project and has been involved in hydrant placement and roadway naming itforts. We do not havean issue with the setback requirement as long ai it is for the front of the properiy. lf the-setback variance requestaffects the side yard areas, then it would reduce the fire separation between itructures and we would want toimpose some additional mitigation. This does not appear to be the case. please advise if othenrrrise.
Utilities/Public Works: ln a memo dated May 4,2004, the Engineering Department submitted the followingcomment: The Engineering department does not object to Doug Battb request for exception to legislativecondition to Woodsprings Estates, set back changes for lots 1 5 F, 5 B and C from twenty (20j feet to fiftEen (1 5)feet.
APPLICABLE LEGAL STANDARDS
City of Caldwell Zoning Ordinance No. 1451, as amended.
City of Caldwell Comprehensive plan, as amended.
ldaho Code, Title 67, Chapter 65, Local planning Act
TESTIMONY
Joan Johnson, Planner ll, acknowledged being sworn in and presented the staff report. Councilman Wellsrequested explanation on the reasoning for the 2O-foot setback, which was clarified.
Doug Batt, Appllcant, acknowledged being sworn in and testified in favor of the request and stated that they wouldlike a 15 foot setback.
CoMPREHENSIVE PLAN ANALYSIS - The request is applicable to the following Comprehensive plan
Components:
Propertv Riohts -
GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property rights, adverselyimpact property values or create unnecessary technical limitations on the use of the pioperty. -
OBJECTIVE A: To establish a sound basis for land use and environmental regulations through comprehensiveplanning and adopted policies and ordinances.
OBJECTIVE B: To identify potential takings of private property prior to a regulatory or administrative action onspecific property.
POLICY 1: Require staff to follow the Attorney General's Checklist Criteria ouflined in the tdaho RegutatoryTakings Act Guidelines prior to-any proposed iegulatory or administrative action on specific propertyland torequest legal counsel's review if any one of the criteria is answered in the affirmative.
Economic Development -
GOAL: To continue to. work toward providing the residents of Caldweil with adequate tevels of a1 of thecomponents of economic development, such as housing, business, jobs, schools, recreational opportunities,infrastructure systems, public utilities and facilities, and p-ublic services.
Land Use -
GOALS:
Page 2 of 5
Public Hearing of May 17, 2004
3.1
3.2
3.3
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4.1
4.2
5.1
5.2
5.3
l' To establish land-us-e minrr"1r, policies that protect property ,igngo the environment, maintain a highquality of life, provide adequate land for all types oi development,-ani adequately butfer non-compatible uses.
ll. To create a strong sense of community and place.
lll. To create communities that are more livable, affordable and ecologically sustainable.
lV. To create communities that accommodate cost effective public services and infrastructure.
OBJECTIVES APPLICABLE TO ALL LAND USES:
oBJEcTlvE A: To guide the growth and development of land uses in such a way that the health, safety, andgeneralwelfare of residents will be protected.
OBJECTIVE B: To establish requirements that would adequately and appropriately buffer incompatible uses.
oBJECTIVE C: To encourage the restoration and redevelopment of underutilized and neglected propertiesthrough infill development.
OBJECTIVES APPLICABLE TO THE AREA OF CITY IMPACT:
OBJECTIVE D: To create walkable neighborhoods with neighborhood commercial centers and a grid streetlayout.
oBJECTIVE F: To create a compact mixed-use development pattern with multiple street connections.
oBJEcrlvE G: To encourage measures that support viable farm operations.
OBJECTIVES APPLICABLE TO RESIDENTIAL LAND USE:
oBJECTIVE A: To maximize the use of land by encouraging high-density residential development in areas thathave adequate services that can act as a buifer betwe-enlesi dense iesidential and commercial uses, andsupport public transit.
OBJECTIVE C: Consider use of the planned unitdevelopment (PUD) process under the following conditions:The land is physically constrained, preservation of open ipace, promotion of creative mixes of residential andcommercialdevelopment and to accommodate unique ani exceptional architecturaldesign.
OBJECTIVE D: To dis.courage gated, private development due to the impacts on public safety, tratfic circulationand community cohesion.
POLICIES FOR THE AREA OF CITY IMPACT:
POLICY 7. Assemble land uses in a mixed-use fashion with homes and businesses located in a condensed area.
POLICY 9. Review zoning districts from time to time, in relation to the origina l lg7l zoning ordinance and amendthem as necessary to reflect changing land use trends.
POLICIES FOR RESIDENTIAL USE:
POLICY 1. Encourage special uses in areas where they can be appropriately integrated with the surrounding areaand where the health, safety, and general welfare of the neighobinooo wouta n6t be adversely impactedl
lo.lrlgY 3. Encourage Planned Unit Developments (PUD) in areas that have access to essentiat services andfacilities but have limited.land space and thai can be deveioped only through unique design layout. i6" i"ningstandard relief offered.through the PUD process should be comfensate-A tnrough the introduction of otheramenities into the development.
PoLlcY 5. Allow for block and parcel arrangements (and sizes) that ensure a mix of housing types in eachneighborhood.
POLICIES FOR COMMERCIAUINDUSTRIAL USE:
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Public Hearing of May 17,2004
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PoLlcY 2. Encourag" tn"?r"d use of residential and commerciatwithin the same structure tocated in thedowntown area.
5.4 _
GOAL: To ensure that there are adequate police, fire, emergency services, and public utilities to meet the needsof the pubtic.
oBJECTIVE A: To protect the safety of peopre and their property.
OBJECTIVE B: To provide for the orderly expansion of public services to meet the needs of population growth.
OBJECTIVE C: To optimize the public investment.
oBJECTIVE D: To coordinate efforts in order to provide better services to the public.
5.5 Transportation -
GoAL: To provide for the efficient, safe, and cost effective movement of people and goods.
oBJEcrlvE A: To protect pubric safety and the environment.
5.6 Housinq -
pQnl: To provide a.variety of safe, sanitary housing types throughout the community that will meet the needs ofindividuals of all social-economic backgrounds.
OBJECTIVE A: To support an open housing market free from discrimination.
oBJECTIVE B: To reduce the need to utilize substandard housing and the associated negative impacts toneighborhoods.
OBJECTIVE C: To ensure that all housing units have adequate services.
OBJECTIVE D: To.encourage the City's participation in grant programs that willassist in the rehabilitation ofexisting housing and/or the constructioh oi new irousing t6r perionl of moderate income.
POLICY 1: Promote infill development on random vacant lots that are located within areas that have beensubstantially developed.
PoLlcY 2: Encourage innovative and unique site-development proposals that incorporate a mix of housing typesand density.
PoLlcY 6: Expand the special use permitting process to permit two separate dwelling structures on one parcelof land when the lot size can provide adequale open space ano inere are adequate dity services.
5.7 Communitv Desion -
GOAL: Foster growth in a manner than will enhance and improve the visual image of the city,
OBJECTIVE A: To promote, encourage and maintain an aesthetically pleasing city.
oBJEcTlvE C: To continue to work toward the elimination of blight and areas of deterioration.
OBJECTIVE D: To create aesthetically pleasing entrance corridors into the city.
oBJECTIVE E: To ensure that new development enhances rather than distracts from the visual image ofsurrounding areas.
FINDINGS OF FACT
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Public Hearing of May 17, 2A04
VI
The Caldwell City Councir tpt.' 1) The facts outlined in the.trf r"po?) Public testimony; 3) Evidence list,
4) staff is in support; 5) This is a PUD and there are allowable changes; and 6) the 25% reduction is consistent
with these types of constraints.
V^M{.{k^r,,fl*
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VII
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CONCLUSIONS OF LAW
The Mayor and Council has the authority to hear this request and to approval or deny it; the hearing was legally
noticed and conducted under the requirements of applicable ordinances and codes.
vil!
8.1
ORDER OF DECISION
Based on the Findings of Fact and Conclusions of Law, the Mayor and Council hereby approve a request by
Silverhawk Realty to amend the order of decision associated with SU8-76(P)-02, condition 9.9 thereby affording
the front yard setback requirement associated with (lots 5c, 5b and 15f) to be reduced from twenty feet (20') to
fifteen (15')feet.
CASE NO. ELC-01.04, WAS HEARD BY THE MAYOR AND CITY COUNCIL AT A PUBLIC HEARING HELD MAY 17,
2004.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DECISION WERE APPROVED BY CITY
COUNCIL MEMBERS, AND SIGNED BYMAYOR NANCOLAS, ATA REGULARLYSCHEDULED MEETING HELDJUNE
21,2004.
Mayor Garret L. Nancolas o3 CAL D
IAN I5
ATTEST
City
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eou$t
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Public Hearing of May 17, 2004
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O AGENDA O
REGULAR CITY COUNCIL MEETING
MAY 17,2004 AT 7:00 p.M.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
ROLL CALL.
SPECIAL PRESENTATIONS.
ADDITIONS OR DELETIONS TO THE AGENDA.
AUDIENCE PARTICIPATION.
CONSENT CALENDAR:
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Dispense with reading of the minutes of the May 3, 2004 Regular City Council Meeting and approve as written;
{PP.ove acceptance of the minutes from the CaldwellHousing Authority held on March Z,ZOOq,Caldwell public
Hearing Before Hearing Examiner held on March 24,2004 ana Cata*ell City Traffic Commission Minutes heldon May 11,2004;
Approve Orders of Decision on case No. SUB-51(8)F-00 (South Park unit No. 8) and case No. ANN-g5-03 and
Case No. SUB-96P-03 (Quail Ridge Subdivision);
Approve Publication of Bill No. l3 (Ordinance No. 2499) for the vacation of Hanison Street;
Accept Assessment Roll for Local Improvement District No. 02-2 and set the Public Hearing for June 21,2004;
Accept Assessment Roll for l-ocal Improvement District No. 03-03 and set the public Hearing for June 7',2004;Approve Resolution authorizing execution of a Consent for Access to Property witfr' the Unitea StatesEnvironmental Protection Agency (EpA);
Approve Resolution declaring surplus property at Blocks 4 and 5 of City Addition and set public Hearing for June7,2004.
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OLD BUSINESSl' Continuation of Public Hearing (legislative) on Case No. 04-56-04, a request by the Community DevelopmentDirector to amerd the Zoning Ordinance by adding a new article entiflLd "Transportation poiicies,, and addSection I0-0I-I0 entitled "Traffic Impact study Requlrements.',2. Consider Bill No. 14 (Ordinance No. 2500), regarding text amendments to Chapter 10, Article 3, Section l0-03-07 of Planned Unit Developments with a request to waive the three reading process, pass on the first reading, andapprove summary for publication.
NEW BUSINESS
l ' Consider Bill No. 15 (Ordinance No. 25Ol), regarding the supplementing and amending of Ordinance No. 237gwhich provides for the issuance of parity lien sewer .evenre riruoaing b--onds, with a rJquest to waive the threereading process, pass on the first reading, and approve summary for pub-lication.2' Consider Resolution authorizing the execution of a Lease and Truri Agr...ent and related documents for sewerfund capital construction.3' Public Hearing (quasi-judicial) on Case No. SUB-99F-04, a request by Family YMCA for final plat approval ofCaldwell Family YMCA Subdivision consisting of 2 commerciai lots in a C-l zone.4' Public Hearing (quasi-judicial) on Case No. -pI-C-Ot-O+, a request by Silverhawk Development to modifu a_ subdivision plat.condition regarding setbacks placed on the Woodspringt Subdiuirion.5' Public Hearing (legislative) on Case No. oA-58-04, a request by the Cimmunity Development Director to modiffthe Subdivision ordinance regarding a 24-month preliminary plat timeframe and submiital of final plat in digitalfile format.
Approve Resolution of Intent for the Formation of Local Improvement District No. 04-4 (the payment of sewerand water connection fees) and set the public Hearing for Juni 7,2004.
Approve recommendalon by City Engineer to reject all bids for the Indiana Reservoir project.
Financial and Human Resource Reports.
Review Budget Calendar.
10. Council Reports.
I l. Mayor's Comments
a. Finalize the budget calendar
12. Adjourn.
Next Regular City C_ouncil Meeting is on June 7,2004 at 7:00 p.m. in the Community Room at the Caldwell police
Station at I l0 South Fifth. Any person needing special accommodations to participate inihe meeting should contact theCity Clerk at 621 Cleveland Blvd. or call #455-4656 prior to the meeting. Agenda and Minutes can bJviewed on the Cityof Caldwell's website : www.citvofcaldwell.com.
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