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HomeMy WebLinkAbout2023-06-06 City Council MinutesCITY OF CALDWELL PUBLIC MEETING INFORMATION We invite interested parties to participate in public hearings either electronically or in person. If you have a cough, fever, or are not feeling well, please contact Planning & Zoning staff to arrange participation remotely. The City of CaldwellfollowstheCDCguidelinestoallowfordistancinginthepublicmeetingareaandprovidemasks/hand sanitizer on site. Virtual Participation Option: Register in advance to provide public comments electronically or by telephone. During theregistrationprocess, you will be asked what item on the agenda you wish to speak about. Please use the case number asIistedwithinthewrittennotice. On-line registration must be submitted at least 24 hours in advance of the meeting. Click on the green "public meetings" button on the center of the page. After registration, you will receive a confirmation email containing information aboutjoiningthevirtualmeeting. REGISTER AT:-https://www.citvofealdwell.ore Written comments must be received at least eight (8) days in advance of the meeting to the Planning & Zoning DepartmentatP&Zaci!yofcaldwell.or1z to be included within the staff report. All comments received after the staff report has been transmitted will be included in the case file and provided as late exhibits at the appropriate public hearing. Live Stream Viewing: If you are not planning to speak, members ofthe public are encouraged to view the meeting via thelivestreamoption: httys://www.youtube.com/channef/UCci7SlAOUJNK6asXxxuf!LGA REGULAR CITY COUNCIL MEETING AGENDA Tuesday, June 6, 2023 6:00 PM INVOCATION OFFERED BY PASTOR ROB KINGSINGER OF THE MONTANA BAPTIST CHURCH. PLEDGE OF ALLEGIANCE TO THE FLAG. FLOLL CALL. ONFLICT OF INTEREST DECLARATION. PECIAL PRESENTATIONS. None AUDIENCE PARTICIPATION. CONSENT CALENDAR: [ALL CONSENT CALENDAR ITEMS ARE ACTION ITEMS] 1. The Caldwell City Council dispenses with the three (3) reading rule of Idaho Code §50-902 for all ordinances. 2. Approve the minutes for the Caldwell City Council meeting held on May 16, 2023, the Caldwell City CouncilspecialmeetingheldonMay30, 2023, and the Caldwell Historic Preservation Commission meeting held onMarch22, 2023; 3. Approve Resolution authorizing the disposition of excess City surplus equipment from the Caldwell WastewaterTreatmentPlant; 4. Approve Resolution authorizing the disposition of excess City surplus equipment from the Caldwell FireDepartment; 5. Approve Resolution accepting a one-year grant from Capital Matrix in the amount of $25,000 to bring a consultanttotheEconomicDevelopmentteam, for research of new business ideas, agricultural technology, and feasibilityofaCanyonCountyAgtechCenter; 86. Approve Resolution authorizing the implementation of the Caldwell on Call/Standby, On Call Work Time, andCallBackPolicyasattached; 7. Approve Resolution authorizing the implementation of the Caldwell Paid Time Off (PTO) Leave Policy asattached; 8. Approve request for a new AIcohol Beverage License to be issued to M&R Ruszonis LLC for use at RuszonisPizza, located at 313 Isaiah Way, Suite 102 in Caldwell; 9. Approve Resolution authorizing the execution of a Cooperative Agreement with Idaho TransportationDepartmentregardingdomesticwatermainlineworkinanamountestimatedat $1,757,600.00, in association with the ITD's US Highway 20/26 Widening Project; 10. Approve Resolution accepting the Dedication of sanitary sewer and water lines located in the right of way in theIdahoMilkTransportDevelopmentlocatedat1707AviationWay; 11. Approve Resolution accepting the Dedication of sewer, water, pressure irrigation, and street lights from HubbleHomesfortheBrittanyHeightsSubdivision, Phase 4; 12. Approve Resolution annexing Autumn Ridge East Subdivision into the Caldwell Municipal Irrigation District; 13. Approve Resolution annexing Ustick Storage, located at 17848 Middleton Road into the Caldwell MunicipalIrrigationDistrict; 14. Approve Resolution annexing Adams Ridge Subdivision Phase 6 into the Caldwell Municipal Irrigation District; Page l of 3 15. Approve Resolution authorizing the execution ofthe Addendum to the Fourth Amended and Restated FirefightingandLifeSafetyPreservationServicesAgreementbetweentheCaldwellRuralFireProtectionDistrictandtheCaldwellFireDepartment; 16. Approve Resolution authorizing the Local Professional Service Agreement with ITD and Atlas Technical Consultants for construction engineering and inspection of the Middleton Rd and Ustick Rd roundabout project; IT Order of Decision -Case No. SUB23-000015 (Mandalay Ranch Subdivision 5); 18. Order of Decision - Case No. SUB23-000016 (Mandalay Ranch Subdivision 6). OLD BUSINESS: None. NEW BUSINESS: i. ACTION ITEM: Public Hearing (Quasi -Judicial): Case Number TE23-000005: Iron Oak Homes, on behalf of Spencer Snead, is requesting a preliminary plat renewal and 24-month time extension of Covington Square Subdivision Preliminary Plat. The original development, SUB-19P-03 was approved with 29 residential lots and 5 common lots on July 15, 2019. The development has received one 18- month administrative renewal and time extension (TE-21-000004) on September 23, 2021. Civil plans were approved on September 26, 2022. No pre - construction meeting has been held and no site development has occurred as of this date. The applicant is requesting a 24-month time extension of the Covington Square Subdivision Preliminary Plat to address concerns from adjacent property owners and to create legal documentation for easements. The subject parcel is located approximately 338 feet east of the intersection of Farmway Road and W Linden Street on the south side of W Linden Road, in Caldwell, Idaho. (Staff Planner: Alex Jones) 2. ACTION ITEM: Public Hearing (Quasi -Judicial): Case Number: ANN22-000026/CPM22-000011 /ZON22- 000013/SUB22-000043 (Midland Meadows): A request by Mary Wall on behalf of Parkland Development LLC., to annex Parcel 3411800000 (approximately 39.21 acres) with a proposed split zoning designation of R-I Low Density Residential) on the portion north of Lincoln Road and R-2 (Medium Density Residential) on the portion south of Lincoln Road, and a request for the rezone of Parcel R3411900000 from R-I (Low DensityResidential) to R-2 (Medium Density Residential, to include approval of a development agreement associated with ANN22-000026 and ZON22-000013. Concurrently, the applicant is requesting a comprehensive plan map amendment to add the north portion of Parcel R341 1800000 (Approx. 17.9 acres) onto the City's comprehensive plan map area with a LDR (Low Density Residential) comprehensive plan future land use map designation; and a comprehensive plan map amendment to change the future land use map designation of Parcel R3411900000 and the south portion of R3411800000 from LDR (Low Density Residential) to MDR (Medium DensityResidential), to include Resolution 432-22 associated with CPM22-000011; and a request for the approval of a preliminary plat for an approximately 80.71 acres development consisting of two -hundred and sixty-six (266) residential lots and twenty-six (26) common lots for Midland Meadows Subdivision. Midland Meadows is proposed to be developed in three (3) phases. The subject site is located on the NWC and SWC of Midland Boulevard and Lincoln Road in Caldwell, Idaho. (Staff Planner: Katie Wright) Staffis requesting a continuanceofthisitemtotheJulyS, 2023 City Council meeting to allow timefor the applicant to submit a revised Traffic Impact Study andplans to ITDfor review. 3. ACTION ITEM: Consider Bill No. 83 (Ordinance No. 3477) for Case Number: ANN22-000026 with a request to move for its passage by title only and approve the summary for publication. 4. ACTION ITEM: Consider Bill No. 87 (Ordinance No. 3481) for Case Number: ZON22-000013 with a request to move for its passage by title only and approve the summary for publication. 5. ACTION ITEM: Public Hearing (Quasi -Judicial): Case Number: PUD22-000009 AND SUB22-000037 Silver Meadows); A request by Carl Anderson of Snake River WCE Real Estate LLC, on behalf of Rental Property Holdings, LLC for approval of a planned unit development and preliminary plat for the Silver Meadows mixed -use residential subdivision offering a total of 263 lots (251 residential lots and 12 common lots). The project will be built in one -phase that will consist of front -loaded single-family lots, front-Ioaded townhouse lots, and four (4) multi -family apartment buildings. The two (2) subject parcels (R358250000 and R358290000) are located approximately 613 feet west of the intersection of Lake Avenue and E. Ustick Road, on the north side of E. Ustick Road in Caldwell, Idaho. The Hearing Examiner, at the April 26, 2023 public hearing, recommendedapprovalofPUD22-000009 and SUB22-000037 to be forwarded to City Council for consideration. (Staff Planner: Katie Wright) 6. ACTION ITEM: Public Hearing (Quasi -Judicial): Case Number: SUB23-000004 (The Village Condos): The applicant, A Team Land Consultants, on bi'alf of Doeppel Premiere Properties Idaho, LLC, is requesting approval of a condominium preliminary plat for The Villages Condos, consisting of twenty-three (23) 4-plex buildings and eight (8) 8-plex buildings on a 11.43 acre parcel of land, currently zoned as R-3 (High Density Residential) and with a current comprehensive plan land use designation of HD (High Density Residential). The applicant is not requesting any changes to the previously approved (approved in June of 2016) rezone and comprehensive plan amendment for 156 multi -family units, no changes to the approved constructions plans or building design, and the builder is currently completing the remaining site improvements. The subject property is located on the SEC of Laster Street and S. Florida Avenue, within the County ofCanyon, Caldwell, Idaho. Staff Planner: Alex Jones) 7. ACTION ITEM: Public Hearing (Quasi -Judicial): Case Number: ZON23-000001, SUP23-000003, SUB23- 000008 (previously submitted under SUB22-000040) Faith Landing: KM Engineering, on behalf of AvestLimitedPartnership, is requesting a rezone of parcels R01523107A0, R0152310700, R0152310800, R0152311000, R0152311200, R0152311100, R0152311300, R0152311400, R0152311700, R015231I800, R0152311900, R0152312000, R0152312100, R0152312200, R0152312300, R0152312400, R0152312500, R0152312600, R0152312900, R0152312800, R0152312700, R0152313000, R0152313100, R0152313400, R0152313300, R0152313200, R0152313500, R0152313600, R0152313800, R0152313700, R0152313900, Page 2 of 3 F R0152314000, R0152314100, R0152314200, R0152314300, 110152314400, R0152314500, R0152314600, R0152314700, R0152314800, R0152315000, R0152314900, R0152315100, R0152315200, R0152316300, R0152316200, R0152316400, R0152316500, R0152316700, R0152316600, R0152316800, 110152316900, R0152315900, R0152316000, R0152316100, R0152315800, R0152315700, R0152315400, R0152315600, 110152315300, R0152315500, R0152317000, R0152317200, R0152317100, R0152317300, R0152317500, R0152317400, R0152317600, R0152317700, R0152317900, R0152317800, and R0152318000 (approx. 23.092 acres inclusive of adjacent right of way) within the previously platted Faith Landing Subdivision from C-3 Service Commercial) to R-3 (High Density Residential), where the comprehensive plan land use designation is HDR (High Density Residential). Concurrently, the applicant is requesting approval of a short plat to convert a portion of parcel R0152311000 from a common lot to a buildable lot, and a Special Use Permit (SUP) to allow for one (1) 4-plex and one (1) 8-plex building on Lot 1, Block 4 within an R-3 (High Density Residential) zone. Although the existing multi -family units are grandfathered in under a separate entitlement approval from 2007, the applicant is requesting the existing development be included in the new Special Use Permit (SUP) for consistency of the overall development to be under one (1) singular special use permit. The existing clubhouse on parcel R0152311000 will be demolished to accommodate the proposed units, and a new clubhouse and community facilities will be constructed to the west of the site. The subject parcels are within the existing Faith Landing development located north - northeast ofCaldwell Blvd and north ofthe Caldwell Blvd and E Homedale Road intersection, in Caldwell, Idaho. The Planning and Zoning Commission, at the May 24, 2023 public hearing recommended approval ofrezone ZON23-000001 and subdivision short plat SUB23-000008 be forwarded to the City Council for consideration, and approved special use permit SUP23-000003, subject to approval of ZON23- 000001 and SUB23-000008 by City Council. (Staff Planner: Katie Wright) 8. ACTION ITEM: Consider Bill No. 9 (Ordinance No. 3493) for Case Number: ZON23-000001 with a request to move for its passage by title only and approve the summary for publication. 9. ACTION ITEM:_ Public Hearing (Quasi -Judicial): Case Number: ZON23-000003: A request by EV Studio, on behalf of Michael Robbins, to rezone parcel R3575701100 (approx. 2.76 acres), from an R-1 (low -density residential) zone to an R-3 (high -density residential) zone, where the comprehensive plan land use designation is HDR (high -density residential), to allow for the expansion of The Gables Senior Living memory care facilities. Due to changes in the Caldwell city code land use schedule since the facility was approved by special use permit in the 1990's, a residential assisted living facility in not an allowed use in an R-1 zone. The proposed expansion will include the addition of twelve (12) memory care units, an activity room, media room, laundry, office space, and an interior courtyard for the residents to enjoy. The request includes approval of a development agreement associated with ZON23-000003, and a variance request from Chapter 10, Article 2, Table 2 "Height, Setback and Area Schedule" to allow for a reduced setback from 15' to 10' at the rear end of the lot, which exceeds the allowable variance that may be granted administratively. The subject property is located on the northwest corner of E. Ustick Road and Idaho Avenue, also known as 917 E Ustick Road, Caldwell, Idaho. The Hearing Examiner, at the May 10, 2023 public hearing recommended approval of ZON23-000003 beforwarded to City Council for consideration. (Staff Planner: Alex Jones) 10. ACTION ITEM: Consider Bill No. 17 (Ordinance No. 3501) for Case Number: ZON23-000003 with a request to move for its passage by title only and approve the summary for publication. 11. ACTION ITEM: Consider Bill No. 24 (Ordinance No. 3508) repealing and replacing Chapter 02, Article 32 of the Caldwell City Code, pertaining to the Pathways and Bike Routes Committee, with a request to move for its passage by title only, and approve the summary for publication. 12. ACTION ITEM. Consider acceptance of the Finance Report. 13. Council Reports. 14. Mayor's Comments. 15, Adjournment. Next Regularly Scheduled City Council Meeting is on Tuesday, June 20, 2023 at 6:00 p.m. in the Community Room at the Caldwell Police Station at 110 South Fifth Avenue. Any person needing special accommodations to participate in the meeting should contact the City Clerk at 411 Blaine Street or call #4554656 prior to the meeting. The entire agenda packet and minutes can be viewed on the City of Caldwell's website: www.citvofcaldwell.orglyour-government/transparency/council-documents. Cualquier persona que necesita arreglos especiales pars participar en la reunion debe comunicarse con el Secretario de la Ciudad en 411 Blaine Street o Ilame al # 455 a 4656 antes de la reunion. Page 3 of 3 BOOK 64 PAGE 75 CALDWELL CITY COUNCIL REGULAR MEETING June 6, 2023 6:00 p.m. Mayor Wagoner opened the meeting at the Caldwell Police Department Community Room at 6:00 p.m. and welcomedthoseinattendance. Pastor Rod Grubb ofthe Montana Baptist Church provided the invocation. Mayor Wagoner led the audience in the Pledge of Allegiance to the Flag. The Roll of the City Council was called by the City CIerk with the following members present. Doty, Stadick, Register, McGee, Allgood, and Williams. Absent: none. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS None, AUDIENCE PARTICIPATION None. CONSENT CALENDAR 1. The Caldwell City Council dispenses with the three (3) reading rule of Idaho Code g50-902 for all ordinances. 2. Approve the minutes for the Caldwell City Council meeting held on May 16, 2023, the Caldwell City Council special meeting held on May 30, 2023, and the Caldwell Historic Preservation Commission meeting held on March 22, 2023; 3. Approve Resolution No. 143-23 authorizing the disposition of excess City surplus equipment from the Caldwell Wastewater Treatment Plant; 4. Approve Resolution No. 144-23 authorizing the disposition of excess City surplus equipment from the Caldwell Fire Department; S. Approve Resolution No. 145-23 accepting a one-year grant from Capital Matrix in the amount of 25,000 to bring a consultant to the Economic Development team, for research of new business ideas, agricultural technology, and feasibility of a Canyon County Agtech Center; [MOVED TO NEW BUSINESS FOR FURTHER DISCUSSION] 6. Approve Resolution No. 146-23 authorizing the implementation of the Caldwell on Call/Standby, OnCallWorkTime, and Call Back Policy as attached; 7. Approve Resolution No. 147-23 authorizing the implementation of the Caldwell Paid Time Off (PTO) Leave Policy as attached; 8. Approve request for a new Alcohol Beverage License to be issued to M&R Ruszonis LLC for use at Ruszonis Pizza, located at 313 Isaiah Way, Suite 102 in Caldwell; 9. Approve Resolution No. 148-23 authorizing the execution of a Cooperative Agreement with Idaho Transportation Department regarding domestic water mainline work in an amount estimated at 1,757,600.00, in association with the 1TD's US Highway 20/26 Widening Project; 10. Approve Resolution No. 149-23 accepting the Dedication of sanitary sewer and water lines located in the right of way in the Idaho Milk Transport Development located at 1707 Aviation Way; 11. REMOVED DUE TO INCORRECTLY BEING ADDED TO AGENDAI 12. Appr-eNce Reselutien afinexmg Autumn Ridge East Subdivision ifife the Caldwell Munisipal ifFigmien DistFiet; [MOVED TO NEW BUSINESS I l-Al 13. Wigation Distrfs [MOVED TO NEW BUSINESS I I-BI 14. AppFeve Reselutien ofinexing Adams Ridge Subdivisien Phase 4 ime the Caldwell Munieepal !Frigation DistFiGt- MOVED TO NEW BUSINESS I I-C] 15. Approve Resolution No. 150-23 authorizing the execution of the Addendum to the Fourth Amended and Restated Firefighting and Life Safety Preservation Services Agreement between the Caldwell Rural Fire Protection District and the Caldwell Fire Department; 16. Approve Resolution No. 151-23 authorizing the Local Professional Service Agreement with ITD and Atlas Technical Consultants for construction engineering and inspection of the Middleton Rd and Ustick Rd roundabout project; 17. Order of Decision —Case No. SUB23-000015 (Mandalay Ranch Subdivision 5). BOOK 64 PAGE 76 18. Order of Decision — Case No. SUB23-000016 (Mandalay Ranch. Subdivision 6). MOVED by Doty SECONDED by Stadick to approve the Consent Calendar as printed. Roll call vote: Those voting yes: Doty, Stadick, Register, McGee, Allgood, and Williams. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS None. AMENDMENTS TO THE AGENDA MOVED by Doty, SECONDED by McGee to amend the agenda with the following corrections to New Business: Removal of Consent Item # 1 I as requested by staff Move Corrected Consent Calendar Item #12 to New Business I I -A (Ordinance No. 3509) Move Corrected Consent Calendar Item # 13 to New Business I 1-13 (Ordinance No. 3510) and continue the item to the next Regularly Scheduled Meeting to be held on June 20, 2023 Move Corrected Consent Calendar Item # 14 to New Business I l -C (Ordinance No. 3511) Move Consent Calendar Item to New Business 11-D for future discussion. MOTION CARRIED NEW BUSINESS ACTION ITEM: PUBLIC HEARING [QUASI-JUDICIALI: CASE NUMBER TE23-000005: IRON OAK HOMES, ON BEHALF OF SPENCER SNEAD, IS REQUESTING A PRELIMINARY PLAT RENEWAL AND 24-MONTH TIME EXTENSION OF COVINGTON SQUARE SUBDIVISION PRELIMINARY PLAT. THE ORIGINAL DEVELOPMENT, SUB-19P-03 WAS APPROVED WITH 29 RESIDENTIAL LOTS AND 5 COMMON LOTS ON JULY 15, 2019. THE DEVELOPMENT HAS RECEIVED ONE 18- MONTH ADMINISTRATIVE RENEWAL AND TIME EXTENSION ITE-21-0000041 ON SEPTEMBER 23, 2021. CIVIL PLANS WERE APPROVED ON SEPTEMBER 26, 2022. NO PRE -CONSTRUCTION MEETING HAS BEEN HELD AND NO SITE DEVELOPMENT HAS OCCURRED AS OF THIS DATE. THE APPLICANT IS REQUESTING A 24-MONTH TIME EXTENSION OF THE COVINGTON SQUARE SUBDIVISION PRELIMINARY PLAT TO ADDRESS CONCERNS FROM ADJACENT PROPERTY OWNERS AND TO CREATE LEGAL DOCUMENTATION FOR EASEMENTS. THE SUBJECT PARCEL IS LOCATED APPROXIMATELY 338 FEET EAST OF THE INTERSECTION OF FARMWAY ROAD AND W LINDEN STREET ON THE SOUTH SIDE OF W LINDEN ROAD, IN CALDWELL, IDAHO) The Mayor explained the quasi-judicial process and declared the public hearing open. Alex Jones, Associate Planner at 621 Cleveland Boulevard, provided the staff report. He noted that the applicant was requesting a 24-month time extension to address concerns from adjacent property owners, and to create legal documentation for easements. In response to questions from Councilor Allgood, Mr. Jones responded that the 24-month time extension was standard for City Council approval. MOVED by McGee, SECONDED by Stadick to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. TE23-000005: 1. Staff Report and Presentation documents, 2. Sign-up sheets, 3. Applicant Presentation documents ORDER OF DECISION ON CASE NO. TE23-000005: MOVED by McGee, SECONDED by Stadick based upon the testimony and evidence in record in this matter and upon findings of fact and conclusions of law set forth herein does hereby determine and decide as follows: for a 24 month Time Extension of Covington Square Subdivision Preliminary Plat (TE23-000005) in an R-1 (Low Density Residential) zone approximately 15.89 acres on Parcels R2798301000, located in the 334N-3W NW WOOD'S ACREAGE TX 19257 IN BLKS 14, is APPROVED subject to the conditions of approval listed herein. Roll call vote: Those voting yes: McGee, Allgood, Williams, Doty, Stadick, and Register. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Doty, SECONDED by Register to close the public hearing. MOTION CARRIED BOOK 64 PAGE 77 ACTION ITEM: PUBLIC HEARING [QUASI-JUDICIAL[: CASE NUMBER: ANN22-0000261CPM22- 000011 /ZON22-000013/SUB22-000043 [MIDLAND MEADOWS]: A REQUEST BY MARY WALL ON BEHALF OF PARKLAND DEVELOPMENT LLC., TO ANNEX PARCEL 3411800000 APPROXIMATELY 39.21 ACRES) WITH A PROPOSED SPLIT ZONING DESIGNATION OF R-1 (LOW DENSITY RESIDENTIAL) ON THE PORTION NORTH OF LINCOLN ROAD AND R-2 (MEDIUM DENSITY RESIDENTIAL) ON THE PORTION SOUTH OF LINCOLN ROAD, AND A REQUEST FOR THE REZONE OF PARCEL R3411900000 FROM R-1 [LOW DENSITY RESIDENTIAL[ TO R-2 MEDIUM DENSITY RESIDENTIAL, TO INCLUDE APPROVAL OF A DEVELOPMENT AGREEMENT ASSOCIATED WITH ANN22-000026 AND ZON22-000013. CONCURRENTLY, THE APPLICANT IS REQUESTING A COMPREHENSIVE PLAN MAP AMENDMENT TO ADD THE NORTH PORTION OF PARCEL R3411800000 [APPROX. 17.9 ACRES) ONTO THE CITY'S COMPREHENSIVE PLAN MAP AREA WITH A LDR (LOW DENSITY RESIDENTIAL[ COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION; AND A COMPREHENSIVE PLAN MAP AMENDMENT TO CHANGE THE FUTURE LAND USE MAP DESIGNATION OF PARCEL R3411900000 AND THE SOUTH PORTION OF R3411800000 FROM LDR ILOW DENSITY RESIDENTIAL[ TO MDR [MEDIUM DENSITY RESIDENTIALI, TO INCLUDE RESOLUTION 432-22 ASSOCIATED WITH CPM22-000011; AND A REQUEST FOR THE APPROVAL OF A PRELIMINARY PLAT FOR AN APPROXIMATELY 80.71 ACRES DEVELOPMENT CONSISTING OF TWO -HUNDRED AND SIXTY-SIX 12661 RESIDENTIAL LOTS AND TWENTY-SIX 1261 COMMON LOTS FOR MIDLAND MEADOWS SUBDIVISION. MIDLAND MEADOWS IS PROPOSED TO BE DEVELOPED IN THREE 131 PHASES. THE SUBJECT SITE IS LOCATED ON THE NWC AND SWC OF MIDLAND BOULEVARD AND LINCOLN ROAD IN CALDWELL, IDAHO) MOVED by Allgood, SECONDED by Register to continue the public hearing, as requested by staff, to the Regularly Scheduled City Council meeting to be held on Wednesday, July 5, 2023 at 6:00 p.m. MOTION CARRIED ACTION ITEM: CONSIDER BILL NO. 83 (ORDINANCE NO. 3477) FOR CASE NUMBER: ANN22- 000026 WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION) By previous motion, this item was continued to the Regularly Scheduled City Council meeting to be held on Wednesday, July 5, 2023 at 6:00 p.m. ACTION ITEM: CONSIDER BILL NO. 87 (ORDINANCE NO. 3481) FOR CASE NUMBER: ZON22- 000013 WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION) By previous motion, this item was continued to the Regularly Scheduled City Council meeting to be held on Wednesday, July 5, 2023 at 6:00 p.m. ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL[: CASE NUMBER: PUD22-000009 AND SUB22- 000037 (SILVER MEADOWS]; A REQUEST BY CARL ANDERSON OF SNAKE RIVER WCE REAL ESTATE LLC, ON BEHALF OF RENTAL PROPERTY HOLDINGS, LLC FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT FOR THE SILVER MEADOWS MIXED - USE RESIDENTIAL SUBDIVISION OFFERING A TOTAL OF 263 LOTS (251 RESIDENTIAL LOTS AND 12 COMMON LOTS). THE PROJECT WILL BE BUILT IN ONE -PHASE THAT WILL CONSIST OF FRONT -LOADED SINGLE-FAMILY LOTS, FRONT -LOADED TOWNHOUSE LOTS, AND FOUR (4) MULTI -FAMILY APARTMENT BUILDINGS. THE TWO 121 SUBJECT PARCELS JR358250000 AND R3582900001 ARE LOCATED APPROXIMATELY 613 FEET WEST OF THE INTERSECTION OF LAKE AVENUE AND E. USTICK ROAD, ON THE NORTH SIDE OF E. USTICK ROAD IN CALDWELL, IDAHO) The Mayor opened the public hearing. Katie Wright, Associate Planner at 621 Cleveland Blvd, outlined the staff report by use ofa PowerPoint presentation. She noted that late exhibits were provided and distributed to City Council for their review (CC-1000). She indicated that the applicant has requested various waivers with the application: Waiver for 6000 sq. ft., lot size minimum to allow for a minimum of 1,628 sq. ft. Waiver of the 45-foot setback for lot frontages. Zero setbacks for the townhomes - lot line through the middle of the structure. Waiver for the height of the multi -family buildings. Waiver to reduce the required parking for the public community center to zero parking spaces and to utilize the provided 188 parking spaces for the multi -family parking. Waiver to reduce the landscape buffer along the 8-foot pathway from 5-foot landscaping on each side to 2-foot landscaping on the internal side of the pathway. Connor Gray, A.G. Land Development at 1911 Blaine St., (Applicant), spoke in support of the project. He noted that the project began in 2021, and expressed appreciation to staff for their professionalism. He outlined the contents BOOK 64 PAGE 78 of a PowerPoint regarding details for the development. Some of the amenities include a 3,000 sq. ft. clubhouse, community park, play area, and pathways for the community and residents. He mentioned that the clubhouse would include a gym and the facility would offer leasable office space. He noted that traffic mitigation requirements would be met, and that a traffic study was conducted. In response to questions from Councilor Register, he replied that they would provide 188 parking spaces. In response to questions from Councilor Allgood, Mr. Gray responded that the single residences would have two -car garages; they would bridge the drain and make the connection to 4I'Avenue. He also indicated that the development would be completed in one phase over a three-year period. In response to questions from Councilor Doty, Mr. Gray stated the parking requirement was 1.5 spaces per 180 units. They are allocating the additional eight parking spaces towards the commercial unit. This complies with the City Code. Carl Anderson, Project Manager at 1816 Idaho Avenue, signed in favor of the request but did not provide testimony. Jesse Christiansen, Engineer at 2151 W. Willow, signed in favor of the request. He stated that the 4151 Avenue crossing was not yet permitted, and that it was under review by the Bureau of Reclamation. Councilor Allgood asked about the waivers. Mr. Christiansen stated he could only speak about the pathway waiver, and that was due to maintenance issues by Pioneer Irrigation. He noted that the pathway would be 8-feet with 2-feet of landscaping on one side. The zero setbacks would be for the townhomes, as the lot line went through the middle of the structure. At the request of Councilor Williams, Mr. Gray provided a description of the development. He noted there would be 10 units per level with three (3) levels. They want to provide affordable housing, especially to senior citizens. He also noted the apartment units would be two -bedroom units. Councilor Allgood asked Mr. Gray to show the layout where the tall buildings would be vs. the single-family residences. Mr. Gray presented the layout with the PowerPoint presentation. Councilor Williams stated the apartments must be attractive to the public and aesthetically appealing along Ustick Road. Mr. Gray stated the exterior elevations of the apartment buildings would be of good quality and contain a nice, aesthetic look. In response to questions from Councilor Register, Mr. Gray responded he did not know the rental price per unit. MOVED by Register, SECONDED by McGee to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO.: PUD22-000009 AND SUB22-000037 (Silver Meadows) 1. Staff Report and Presentation documents 2. Sign-up sheets 3. CC-1000 — Late exhibits provided by Katie Wright from the applicant 4. Applicant Presentation documents COMMENTS FROM COUNCIL MEMBERS CONCERNING THE REQUEST: Councilor Doty expressed concern with not having an agreement with the connection on 4 1 " Avenue and the canal agreement with the Bureau of Reclamation. Ms. Wright stated that the final encroachment letter was for the pathway not landscaping. In addition, the Hearing Examiner requested 5-ft. on one side; however, the applicant did not believe they could provide the 5-11. at this time. There was no discussion on the crossing. Mr. MacDonald stated that concerning the irrigation crossing and the 41" Avenue connection, they would not be obligated to have that approval at this time; however, they would need the approval in place once they submit for plan review with the Engineering Department. In response to questions from Councilor McGee, Ms. Wright explained that under the PUD provisions, the community center would be accessible to the public. In response to questions from Mayor Wagoner, Ms. Wright responded that staff were not aware how the community center would be staffed. Councilor Doty expressed concern with the community center not having enough parking spaces and having reduced parking spaces within the development. PAGE 79 Councilor Register asked if the community center would be open during the day for people to go in, or ifthey would actually have to rent it. Ms. Wright responded she did not know what the applicant decided. Councilor Register also expressed concern about the multiple building projects currently underway along Ustick Road. She asked how many overall doors were coming to Caldwell. Director Collins stated the Planning & Zoning Department has not previously tracked doors or dwelling units. Staff is in the process of gathering the data for the comprehensive plan concerning the type and location of units. This information will provide needed information for future growth. Councilor Register stated that growth was affecting the schools and safety services. She was concerned with the parking issues and the many requested waivers. She would like to see additional data before making a decision. Councilor Williams commented that affordable housing was a need within the community. He liked the fact there was an alternate egress to 4151 Avenue, that the development is close to the boulevard, and was within walking distance to shopping. He also noted that the pathway waiver was understandable. Councilor Register stated she understood the need for affordable housing; however, nobody seemed to know what the rental rate would be. She indicated that putting too many apartment buildings close to each other would cause congestion along Ustick. In response to questions from Councilor Allgood, Ms. Wright responded that in discussions with the applicant, it was noted that the clubhouse would be reduced to 3,000 sq. ft. In addition, the development would provide a white vinyl fence along the perimeter of the parcel. However, it was also noted that the developer would not provide the fence between the pathway and the townhome lots, the owners would be responsible for their own fencing. He expressed concerns with the amount of waivers, limited parking, and no crossing agreement with 411 Avenue. He recommended adjustments should be made to the plan. Councilor Doty stated that eight parking spots for the community center would not be sufficient. As to the fencing issues, he indicated the developer should cover it. Councilor Stadick stated that in order to make a decision on an affordable housing project, they would need to know the approximate rental fees. 0 Councilor Williams noted that the developer would not know the rental fee calculations until the construction was completed. Councilor Register would like a clear definition of affordable housing Councilor McGee asked the City Attorney if it would be possible, at a future Council meeting to reopen public testimony ofthis action item. Mr. Hilty responded they could reopen the public testimony portion tonight and take further comment. They could also continue the matter and take further testimony at the next hearing. He would encourage Council that if they were not going to approve the request, the law required them to articulate the reasons for the denial. Councilor McGee would like to know how the community center would be managed. He suggested continuing the hearing to allow the applicant to work with staff. MOVED by McGee, SECONDED by Williams to reopen the public testimony portion of the hearing MOTION CARRIED In response to a question from Councilor McGee as to how the clubhouse would be managed, Mr. Connor stated that City staff revised the mixed -use concept; they also suggested that the solution for the clubhouse would be a commercial use. The public would not be able to walk around in it; they would be using it as office leasable space. The building would be 3,000 sq. ft. and the lot size was 7,000 sq. ft. They would have office space, an event center and the public would be able to rent it. Possibly the property management (leasing office) would manage the facility. Jesse Christensen stated that the updated landscape plan showed two fences, the chain -link fence on the outside of the walking path, and a white vinyl fence on the inside between the homes and the walking path. He added that the developer would pay for both fences. In response to questions from Councilor Doty, Ms. Wright stated that the landscape plan provided by the developer does include two fences. Mr. Gray stated that originally, the clubhouse did not require additional parking; however, during the final review of the plat, that changed to commercial and required them to have 15 additional parking spaces. He reiterated it was a 3,000 sq. ft. building and he does not foresee many vehicles there. Two office spaces were currently considered. BOOK 64 PAGE 80 Councilor Doty mentioned this was a nice project; nonetheless, his main concern was insufficient parking. Carl Anderson at 1816 Idaho Avenue (Development Team Member) signed in favor of the request. He noted that the building was 3,000 sq. ft. with two office spaces. He understood the deficiency; however, it would not create a parking issue. There was plenty of parking for the multi -family units, which complied with City code. He also mentioned that the bridge over the 4151 Avenue drain would accommodate travel within the area. He noted the area was currently blighted, and this project would be an improvement to the area. In response to questions from Councilor Doty, Mr. Anderson responded that the townhouses units could be adjusted to allow for additional parking spaces. Councilor McGee asked if it would be possible to add eight more parking stalls to the clubhouse. Mr. Anderson concurred. Councilor Stadick asked about the impact to safety services. Mr. Anderson responded that impact fees pay for safety services and such impact fees were charged by the City. MOVED by McGee, SECONDED by Williams to close the public testimony. MOTION CARRIED In response to a question from Councilor Register, Director Collins stated it would take approximately one month to pull data. ORDER OF DECISION ON CASE NO. PUD22-000009 AND SUB22-000037 (Silver Meadows) MOVED by McGee, SECONDED by Williams based upon the testimony and evidence in record in this matter and upon findings of fact and conclusions of law set forth herein DOES HEREBY DETERMINE AND DECIDE AS FOLLOWS: the request for a Planned Unit Development and Preliminary Plat on approximately 28.06 acres (Parcel R3582900000 and R3582500000) located in the 35-4N-3W SE TX 21373 IN EI/2 SE and 35-4N-3W SE TX 21372 IN SE SE T74662, is APPROVED subject to the conditions of approval listed herein. Inclusion ofthe Newly revised landscaping plan as referenced by the applicant to include two fences (chain link and vinyl fencing) along the pathway as provided by the developer. A condition to include the addition ofsixteen total parking spaces at or near the clubhouse as referenced in the public testimony by the Carl Anderson. Roll call vote. Those voting yes: McGee, Allgood, Williams, and Doty. Those voting no: Stadick and Register. Absent and/or not voting: none. MOVED by Doty, SECONDED by Stadick to close the public hearing. MOTION CARRIED MOTION CARRIED ACTION ITEM: PUBLIC HEARING 1QUASI-JUDICIAL: CASE NUMBER: SUB23-000004 ITHE VILLAGE CONDOS: THE APPLICANT, A TEAM LAND CONSULTANTS, ON BEHALF OF DOEPPEL PREMIERE PROPERTIES IDAHO, LLC, IS REQUESTING APPROVAL OF A CONDOMINIUM PRELIMINARY PLAT FOR THE VILLAGES CONDOS, CONSISTING OF TWENTY-THREE 1231 4- PLEX BUILDINGS AND EIGHT 181 8-FLEX BUILDINGS ON A 11.43 ACRE PARCEL OF LAND, CURRENTLY ZONED AS R-3 (HIGH DENSITY RESIDENTIALI AND WITH A CURRENT COMPREHENSIVE PLAN LAND USE DESIGNATION OF HD (HIGH DENSITY RESIDENTIAL1. THE APPLICANT IS NOT REQUESTING ANY CHANGES TO THE PREVIOUSLY APPROVED JAPPROVED IN JUNE OF 20161 REZONE AND COMPREHENSIVE PLAN AMENDMENT FOR 156 MULTI -FAMILY UNITS, NO CHANGES TO THE APPROVED CONSTRUCTIONS PLANS OR BUILDING DESIGN, AND THE BUILDER IS CURRENTLY COMPLETING THE REMAINING SITE IMPROVEMENTS. THE SUBJECT PROPERTY IS LOCATED ON THE SEC OF LASTER STREET AND S. FLORIDA AVENUE, WITHIN THE COUNTY OF CANYON, CALDWELL, IIDAHO) The Mayor declared the public hearing open. Alex Jones, Associate Planner at 621 Cleveland Boulevard, provided the staff report. He noted that this development was previously approved with a Development Agreement. The only requested item for approval was to subdivide the condominiums. There were no changes to the approved landscape plans. The Mapping Department has requested that they use the approved street names, which was corrected on the application. He also added that the Hearing Examiner recommended approval. Steve Arnold at 1705 Whisper Cove Avenue, spoke in favor of the application and provided a brief history of the project. He noted there would be a management company with an HOA for upkeep of the facility. Councilor Allgood indicated he did not like the idea of condominiums, since they could be owned by different type of owners. He asked what type of lease would be used. BOOK 64 PAGE 81 Mr. Arnold responded that the benefits of splitting the condominiums was for the purpose ofliability issues. If they were under multiple ownerships, each one was underthe control ofthe HOA. He provided the example of the airport hangars inasmuch as they pay a fee that pays the lease and maintenance. Rod Deide at 5401 S. Florida signed as neutral to the request. His noted his concern ofthe development being only twenty feet from his property line. The units mere two-story in height and would be looking into his personal property. He requested a six-foot fence and a landscape barrier for security and safety purposes. The Mayor noted four persons had signed up for the hearing that was continued. n In rebuttal, Mr. Arnold noted that the infrastructure was in place so a six-foot fence was not feasible. He mentioned that a landscape buffer could be added to accommodate Mr. Deide. He also mentioned that the parcel and home owned by Mr. Deide was currently listed for sale as a commercial site. MOVED by Doty, SECONDED by Stadick to close the public testimony portion ofthe hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB23-000004: 1. Staff Report and Presentation documents, 2. Sign-up sheets, 3. Applicant Presentation documents ORDER OF DECISION ON CASE NO. SUB23-000004: MOVED by Allgood, SECONDED by McGee based upon the testimony and evidence in record in this matter and upon findings of fact and conclusions of law set forth herein DOES HEREBY DETERMINE AND DECIDE AS FOLLOWS: the request for a Preliminary Plat (SUB23-000004) on approximately 11.43 acres on Parcel R3252401000, located in the 02-3N-3W SE TX 19058 IN NWSE LS ROW T71272, is APPROVED subject to the conditions of approval listed herein and recommend that the applicant work with the homeowner located south of the development to include a landscape barrier between the parcel and the development. Roll call vote. Those voting yes: Allgood, Williams, Doty, Stadick, and McGee. Those voting no: Register. Absent and/or not voting: none. MOTION CARRIED MOVED by Stadick, SECONDED by Register to close the public hearing. MOTION CARRIED ACTION ITEM: PUBLIC HEARING (QUASI-JUDICIAL): CASE NUMBER: ZON23-000001, SUP23- 000003, SUB23-000008 [PREVIOUSLY SUBMITTED UNDER SUB22-0000401 FAITH LANDING: KM ENGINEERING, ON BEHALF OF AVEST LIMITED PARTNERSHIP, IS REQUESTING A REZONE OF PARCELS R01523107A0, R0152310700, R0152310800, R0152311000, R0152311200, R0152311100, R0152311300, R0152311400, R0152311700, R0152311800, R0152311900, R0152312000, R0152312100, R0152312200, R0152312300, R0152312400, R0152312500, R0152312600, R0152312900, R0152312800, R0152312700, R0152313000, R0152313100, R0152313400, R0152313300, R0152313200, R0152313500, R0152313600, R0152313800, R0152313700, R0152313900, R0152314000, R0152314100, R0152314200, R0152314300, R0152314400, R0152314500, R0152314600, R0152314700, R0152314800, R0152315000, R0152314900, R0152315100, R0152315200, R0152316300, R0152316200, R0152316400, R0152316500, R0152316700, R0152316600, R0152316800, R0152316900, R0152315900, R0152316000, R0152316100, R0152315800, R0152315700, R0152315400, R0152315600, R0152315300, R0152315500, R0152317000, R0152317200, R0152317100, R0152317300, R0152317500, R0152317400, R0152317600, R0152317700, R0152317900, R0152317800, AND R0152318000 (APPROX. 23.092 ACRES INCLUSIVE OF ADJACENT RIGHT OF WAYI WITHIN THE PREVIOUSLY PLATTED FAITH LANDING SUBDIVISION FROM C- 3 [SERVICE COMMERCIAL] TO R-3 (HIGH DENSITY RESIDENTIAL[, WHERE THE COMPREHENSIVE PLAN LAND USE DESIGNATION IS HDR [HIGH DENSITY RESIDENTIAL]. CONCURRENTLY, THE APPLICANT IS REQUESTING APPROVAL OF A SHORT PLAT TO CONVERT A PORTION OF PARCEL R0152311000 FROM A COMMON LOT TO A BUILDABLE LOT, AND A SPECIAL USE PERMITISUPI TO ALLOW FOR ONE III 4-PLEX AND ONE Ill 8-PLEX BUILDING ON LOT 1, BLOCK 4 WITHIN AN R-3 [HIGH DENSITY RESIDENTIAL] ZONE. ALTHOUGH THE EXISTING MULTI -FAMILY UNITS ARE GRANDFATHERED IN UNDER A SEPARATE ENTITLEMENT APPROVAL FROM 2007, THE APPLICANT IS REQUESTING THE EXISTING DEVELOPMENT BE INCLUDED IN THE NEW SPECIAL USE PERMIT (SUP) FOR CONSISTENCY OF THE OVERALL DEVELOPMENT TO BE UNDER ONE (1) SINGULAR SPECIAL USE PERMIT. THE EXISTING CLUBHOUSE ON PARCEL R0152311000 WILL BE DEMOLISHED TO ACCOMMODATE THE PROPOSED UNITS, AND A NEW CLUBHOUSE AND COMMUNITY FACILITIES WILL BE CONSTRUCTED TO THE WEST OF THE SITE. THE SUBJECT PARCELS ARE WITHIN THE EXISTING FAITH LANDING DEVELOPMENT LOCATED NORTH - NORTHEAST OF CALDWELL BLVD AND NORTH OF THE CALDWELL BLVD AND E HOMEDALE ROAD INTERSECTION, IN CALDWELL, IDAHO. THE PLANNING AND ZONING COMMISSION, AT THE MAY 24, 2023 PUBLIC HEARING RECOMMENDED APPROVAL OF REZONE ZON23-000001 AND SUBDIVISION SHORT PLAT SUB23-000008 BE FORWARDED TO THE CITY COUNCIL FOR BOOK 64 PAGE 82 CONSIDERATION, AND APPROVED SPECIAL USE PERMIT SUP23-0000039 SUBJECT TO APPROVAL OF ZON23-000001 AND SUB23-000008 BY CITY COUNCIL) The Mayor noted that the applicant was not present to participate in the public hearing. MOVED by Doty, SECONDED by Williams to continue this item to the next Regularly Scheduled City Council Meeting to be held on June 20, 2023 at 7:00 p.m. MOTION CARRIED ACTION ITEM: CONSIDER BILL NO.9 [ORDINANCE NO.34931 FOR CASE NUMBER: ZON23-000001 WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION) By previous motion, this item was continued to the next Regularly Scheduled City Council Meeting to be held on June 20, 2023 at 7:00 p.m. ACTION ITEM:_ PUBLIC HEARING [QUASI-JUDICIALI: CASE NUMBER: ZON23-000003: A REQUEST BY EV STUDIO, ON BEHALF OF MICHAEL ROBBINS, TO REZONE PARCEL R3575701100 APPROX. 2.76 ACRES], FROM AN R-1 ILOW-DENSITY RESIDENTIALI ZONE TO AN R-3 [HIGH - DENSITY RESIDENTIALI ZONE, WHERE THE COMPREHENSIVE PLAN LAND USE DESIGNATION IS HDR [HIGH -DENSITY RESIDENTIAL], TO ALLOW FOR THE EXPANSION OF THE GABLES SENIOR LIVING MEMORY CARE FACILITIES. DUE TO CHANGES IN THE CALDWELL CITY CODE LAND USE SCHEDULE SINCE THE FACILITY WAS APPROVED BY SPECIAL USE PERMIT IN THE 1990'S, A RESIDENTIAL ASSISTED LIVING FACILITY IN NOT AN ALLOWED USE IN AN R- 1 ZONE. THE PROPOSED EXPANSION WILL INCLUDE THE ADDITION OF TWELVE (12) MEMORY CARE UNITS, AN ACTIVITY ROOM, MEDIA ROOM, LAUNDRY, OFFICE SPACE, AND AN INTERIOR COURTYARD FOR THE RESIDENTS TO ENJOY. THE REQUEST INCLUDES APPROVAL OF A DEVELOPMENT AGREEMENT ASSOCIATED WITH ZON23-000003, AND A VARIANCE REQUEST FROM CHAPTER 10, ARTICLE 2, TABLE 2 "HEIGHT, SETBACK AND AREA SCHEDULE" TO ALLOW FOR A REDUCED SETBACK FROM 15' TO 10' AT THE REAR END OF THE LOT, WHICH EXCEEDS THE ALLOWABLE VARIANCE THAT MAY BE GRANTED ADMINISTRATIVELY. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF E. USTICK ROAD AND IDAHO AVENUE, ALSO KNOWN AS 917 E USTICK ROAD, CALDWELL, IDAHO. THE HEARING EXAMINER, AT THE MAY 10, 2023 PUBLIC HEARING RECOMMENDED APPROVAL OF ZON23- 000003 BE FORWARDED TO CITY COUNCIL FOR CONSIDERATION) The Mayor declared the public hearing open. Alex Jones, Associate Planner at 621 Cleveland Boulevard, provided the staff report. He noted that currently the facility was a legal non -conforming use as assisted living center. He clarified that assisted living centers are not an allowed use in the R-1 zone; but are a permitted use in an R-3 zone. The applicant also wants to expand the memory care portion of the facility. With the expansion, they were asking to reduce the rear setback from 15-ft. to 10-ft. Amanda Bidwell (Applicant) at 725 E. 2,d Street, Meridian, spoke in favor of the request and stated that when the building was built in the 1990's, it was an approved use within the Zoning Ordinance. The applicant was ready to proceed with the expansion; however, since currently an assisted living facility was not an allowed in the R-1 zone; therefore, they were requesting the rezone change. Councilor Stadick asked if this was the type of community where the occupant owns the building and the developer owns the property. Ms. Bidwell responded it was strictly a rental facility. It was noted that the rezone request brings the use into conformance with the City Code. MOVED by Stadick, SECONDED by McGee to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ZON23-000003 1. Staff Report and Presentation documents 2. Sign-up sheets 3. Applicant Presentation documents ORDER OF DECISION ON CASE NO. ZON23-000003: MOVED by Doty, SECONDED by Stadick based upon the testimony and evidence in record in this matter and upon findings of fact and conclusions of law set forth herein DOES HEREBY DETERMINE AND DECIDE AS FOLLOWS: the request for a Rezone (ZON23-000003) of parcel R3575701100 (approx. 2.76 acres), from an R-1 low -density residential) zone to an R-3 (high -density residential) zone, where the comprehensive plan land use designation is HDR (high -density residential), located in the 344N-3W SW TX 97584 IN SESW, to include the development agreement and resolution, is APPROVED subject to the conditions of approval listed herein. BOOK 64 PAGE 83 Roll call vote. Those voting yes: Doty, Stadick, McGee, Allgood, Williams, and Register. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Stadick, SECONDED by Register to close the public hearing. MOTION CARRIED ACTION ITEM: CONSIDER BILL NO. 17 (ORDINANCE NO. 3501) FOR CASE NUMBER: ZON23- 000003 WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor read the ordinance by title only: AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE REZONED TO THE R-3 (High Density) ZONE; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Doty, SECONDED by Stadick to sponsor Bill No. 17 (Ordinance No. 3501), move for its passage by title only, and approve the summary for publication. Roll call vote: Those voting yes: Doty, Stadick Register, McGee, Allgood, and Williams,. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED ACTION ITEM: CONSIDER BILL NO. 24 [ORDINANCE NO. 35081 REPEALING AND REPLACING CHAPTER 02, ARTICLE 32 OF THE CALDWELL CITY CODE, PERTAINING TO THE PATHWAYS AND BIKE ROUTES COMMITTEE, WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY, AND APPROVE THE SUMMARY FOR PUBLICATION) Juli McCoy, Parks and Recreation Director provided the staff report. She noted that this is follow-up document regarding the draft ordinance previously provided to Council within a workshop setting on May 16, 2023. The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL REPEALING AND REPLACING CHAPTER 02, ARTICLE 32 OF THE CALDWELL CITY CODE, PERTAINING TO THE PATHWAYS AND BIKE ROUTES COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. MOVED by Allgood, SECONDED by McGee to sponsor Bill No. 24 (Ordinance No. 3508), move for its passage by title only, and approve the summary for publication. Roll call vote: Those voting yes: Allgood, Williams, Doty, Stadick Register, and McGee. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED COMBINATION OF ORDINANCES NO. 3509 AND NO. 3511 FOR CONSIDERATION OF APPROVAL) MOVED by McGee, SECONDED by Allgood to combine Ordinance No. 3509 and Ordinance No. 3511 within one motion for consideration of approval. MOTION CARRIED ACTION ITEM: CONSIDER BILL NO. 25 (ORDINANCE NO. 3509) AUTHORIZING THE ANNEXATION OF AUTUMN RIDGE EAST SUBDIVISION INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY AND CONSIDER BILL NO. 27 (ORDINANCE NO. 3511) AUTHORIZING THE ANNEXATION OF ADAMS RIDGE SUBDIVISION, PHASE 6 INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY) The Mayor read the ordinances by title only for Ordinance 3509: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; BOOK 64 PAGE 84 DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. The Mayor read the ordinances by title only for Ordinance 3511: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. MOVED by Doty, SECONDED by McGee to sponsor Bill No. 25 (Ordinance No. 3509) and Bill 27 Ordinance No. 3511) and move for their passage by title only. Roll call vote: Those voting yes: Doty, Stadick, Register, McGee, Allgood, and Williams. Those voting no: none. Absent and/or not voting. none. MOTION CARRIED ACTION ITEM: CONSIDER BILL NO. 26 (ORDINANCE NO. 3510) AUTHORIZING THE ANNEXATION OF USTICK STORAGE LLC (17848 MIDDLETON RD) INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST TO MOVE FOR ITS PASSAGE BY TITLE ONLY) This item was continued by a previous motion to the next Regularly Scheduled City Council Meeting scheduled for June 20, 2023 as requested by City staff. APPROVE RESOLUTION NO. 145-23 ACCEPTING A ONE-YEAR GRANT FROM CAPITAL MATRIX IN THE AMOUNT OF $25,000 TO BRING A CONSULTANT TO THE ECONOMIC DEVELOPMENT TEAM, FOR RESEARCH OF NEW BUSINESS IDEAS, AGRICULTURAL TECHNOLOGY, AND FEASIBILITY OF A CANYON COUNTY AGTECH CENTER) Steve Jenkins, Economic Development Director, provided the staff report regarding the grant award for purpose of a agriculture tech center. In response to questions from Councilor Stadick, Mr. Jenkins explained the perimeters ofthe grant provided by Capital Matrix. He noted that the Development. Team is, in conversation with the College of Idaho regarding the potential use of the vacant library complex'located on.caniptls for this purpose. MOVED by McGee, SECONDED by Staclick to'approve-Resotution No.145-23 as printed. Roll call vote: Those voting yes: Allgood,:Williams, Doty, Stadf'ck Register, and McGee. Those voting no: none. Absent and/or not voting: none. " . MOTION CARRIED ACTION ITEM: FINANCE REPORT ACCOTANCE BY CALDWELL CITY COUNCIL) Councilor Williams stated that the Finance Committee has reviewed current accounts payable in the amount of 6,150,358.66 for the period ending May 30, 2023 and a net payroll of S 1,140,880.18 for the pay period ending May 6, 2023 and May 20, 2023. MOVED by Williams, SECONDED by Register that accounts payable in the amount of S6,150,358.66 represented by check numbers 169881 through 170304 and payroll in the amount of S 1,140,008.18 represented by check numbers 38634 and through 38696 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED COUNCIL MEMBER COMMENTS) Councilor Allgood reported on the success of the golf tournament held by the Optimist Club at Purple Sage. He expressed appreciation to the Purple Sage Golf Course staff for their outstanding efforts with preparation of the golf course and assistance with the tournament. He recommend that the data being compiled by the Planning & Zoning Department be made available in conjunction with the upcoming budget workshops. This information would be helpful relating to growth statistics and its effect on safety services. The Mayor noted that the Planning & Zoning Director has already started compiling the data for review within the upcoming budget workshops, BOOK 64 PAGE 85 Councilor Williams reported on the recent national recognition of the chef at the Amano Restaurant in downtown Caldwell. He noted the graffiti clean-up efforts by K & S Construction within the community. He expressed appreciation to Caldwell Housing Authority for rehabilitation of the 6' Avenue pedestrian bridge across Indian Creek. Councilor Stadick noted the need for budget considerations relating to the Caldwell Veterans Memorial Nall. Councilor Register commented on the success of the recent Canyon County Emergency Services Recognition Ceremony. MAYOR'S COMMENTS) Mayor Wagoner reported that discussions would be held in the upcoming budget workshops regarding the Caldwell Memorial Swimming Pool rehabilitation project. ADJOURNMENT) MOVED by Stadick, SECONDED by Doty to adjourn at 8:45 p.m. APPROVED AS written THIS 20" DAY OF June 2023. A ePW Councilor Dok. Coupcilor Stardick AllVo'uncilor Register ATTEST: Debbie Geyer, City Clerk JAN 1S n MI890 MOTION CARRIED