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CASE NO. SUP-255-05
CITY OF CALDWELL WELL SITE-#19
1501 KCID Road
Order of Decision
BEFORE THE HEARING EXAMINER
CITY OF CALDWELL, IDAHO
NOVEMBER 22, 2005
AN APPLICATION BY THE CITY OF CALDWELL FOR APPROVAL OF A SPECIAL USE PERMIT TO
INSTALL A MUNICIPAL WELL, WELL HOUSE, SECURITY FENCING, RADIO TRANSMISSION
EQUIPMENT, AND BACK UP POWER PLANT ON 0.38 ACRES OF CITY PROPERTY LOCATED AT 1501
KCID ROAD WITHIN AN R-1 ZONE.
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS,
II GENERAL FACTS,
III TESTIMONY,
IV APPLICABLE LEGAL STANDARDS,
V COMPREHENSIVE PLAN ANALYSIS.
VI FINDINGS OF FACT
VII CONCLUSIONS OF LAW
VIII ORDER OF DECISION
IX OTHER CONDITIONS OF APPROVAL
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application
SUP-202-03 held before the Caldwell Hearing Examiner on November 22, 2005. Public notice
requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On November 4, 2005
notice was mailed to all property owners within 300 feet of the project site, November 7, 2005 notice
was published in the Idaho Press Tribune, and November 10, 2005 notice was posted on the site.
1.2 The Hearing Examiner granted Approval of the special use permit.
1.3 Files and exhibits relative to this application are available for review in the Community Development
Department, Caldwell City Hall, as well as all public hearings.
II GENERAL FACTS
2.1.1 APPLICANT: City Engineer, City of Caldwell, 621 Cleveland Blvd., Caldwell, ID 83605.
2.2 OWNER: Same
2.3 REQUEST: For approval of a special use permit to construct a well site to include a well house and
back up power plant approximately 2,000 feet from the Highway 20/26 and KCID Road intersection.
2.4 LOCATION: The site is located approximately 2,000 feet from Highway 20/26 and KCID Road
intersection.
2.5 BACKGROUND: The applicant (Gordon Law) advises the installation of the water system is critical to
supporting the development of this portion of Caldwell.
Page 1 of 6
SUP-255-05 City Well Site# 19 KCID HEOD MH HEOD 3P\1NiEfJ
Public Hearing of November 22, 2005
The site will be developed in keeping with all applicable City standards. The site plan shows the
placement of curb, gutter and sidewalk along KCID Road, ample perimeter and interior landscape, a
driveway entrance off of KCID Road in keeping with access management control standards and a
parking area sufficient for emergency vehicle turnaround.
2.5.1 Zoning Ordinance No. 1451, Section 10-02-02, Land Use Schedule, allows public uses such as the
construction of a reservoir to be placed in an R-1 (single family) zone through the special use permit
process.
2.5 COMPREHENSIVE PLAN LAND USE DESIGNATION: Low Density Residential
2.6 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
2.6.1 Property Rights: The five checklist criteria set forth by the Attorney General in the "Idaho Regulatory
Takings Act Guidelines" was reviewed by planning staff and none of the criteria was answered in the
affirmative.
2.6.2 School Facilities and Transportation: The Vallivue School District was notified of the request through
mailing of the public hearing notification on November 4, 2005.
2.6.3 Public Services, Utilities and Facilities: In a memo dated November 15, 2005, the Engineering
Department submitted the following comments:
Street
1. In accordance with the City of Caldwell's Infrastructure Improvement Policy, the Urban Collector
status of KCID Road, and consistency with surrounding development, the applicant will be
required to construct a roadway half width of 24.5 feet to top-back-of-curb and an attached 5'
sidewalk along the entire KCID Road frontage. Refer to City of Caldwell Supplemental
Specifications to the 2005 ISPWC.
2. Any approaches on KCID Road are required to comply with ACHD intersection spacing and
alignment standards at a minimum. Approach width shall be a minimum of 25-feet and shall be
constructed to City Standards, refer to City of Caldwell Supplemental Specifications to the 2005
ISPWC (standard drawing C-710).
3. The applicant shall comply with Idaho State Statute 49-221 regarding clear sight at intersections
and driveways.
Sewer &Water
1. Both domestic water and sanitary sewer are available to the site. The applicant will be required
to connect to City water services only as sewer will not be required at the site. Additional
connection fees (if applicable) will be assessed with the Special Use Permit Application.
Storm Drain
1. Provision is to be made for the disposal of stormwater drainage that may occur from the addition
of impervious surfaces in accordance with the City Stormwater Management Policy. A copy of
this policy is available upon request.
Page 2 of 6
SUP-255-05 City Well Site# 19 KCID HEOD MH HEOD
Public Hearing of November 22, 2005
Irrigation
1. Irrigation water for any and all landscaping shall be obtained from applicable Government
Irrigation District sources. City municipal water may be used only if the criteria specified in the
Landscape Ordinance Section 10-07-12 are met.
General
1. Prior to commencement of construction in any dedicated right-of-way, the City Engineer staff is
to be notified. Appropriate City personnel are to be notified in advance of all required
inspections.
2. All traffic control for the project shall meet the requirements of the Manual on Uniform Traffic
Control Devices (M.U.T.C.D.) and the City Engineer. The contractor shall provide a traffic
control plan to the City Engineer for review prior to any construction within the right-of-way.
3. The applicant shall comply with the City Landscape Ordinance (City Code Section 10-07) and
the City Tree Ordinance (City Code Section 10-08).
4. The 10-foot utility easement along the frontage should be kept free of trees.
5. Appropriately licensed public works contractors shall perform all construction of dedicated
facilities.
2.6.4. Fire Protection: The Caldwell Fire Department was notified of the request in writing on October 25,
2005.
2.6.5 Irrigation Provider: Comments from Pioneer Irrigation have been submitted in a memo dated October
31, 2005. The memo states that all existing easements, right-of-way, and other means used to honor
the water rights to downstream water users must be maintained and allowed to continue to exist. It is
imperative that no one disrupt the delivery of water to a downstream water user.
III TESTIMONY - Hearing Examiner November 22, 2005
3.1 Melodie Halstead, Community Development Staff, presented staff report, and outlined the facts as
written.
3.2 Brent Orton, Associate Engineer, answered question about road frontage, widening the road access to
the site, fence height, and fencing material
Testimony Closed at 7:19 pm.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell 1977 Comprehensive Plan, as amended.
4.2 City of Caldwell Zoning Ordinance No. 1451, as amended.
4.3 Idaho Code, Chapter 65, Local Planning Act
V COMPREHENSIVE PLAN ANALYSIS — The Hearing Examiner accepts the Comprehensive Plan
Analysis as written or modify it as necessary:
Page 3 of 6
SUP-255-05 City Well Site# 19 KCID HEOD MH HEOD
Public Hearing of November 22, 2005
5.1 Property Rights -
GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property rights,
adversely impact property values or create unnecessary technical limitations on the use of the property.
OBJECTIVE B: To identify potential takings of private property prior to a regulatory or administrative
action on specific property.
POLICY 1: Require staff to follow the Attorney General's Checklist Criteria outlined in the Idaho
Regulatory Takings Act Guidelines prior to any proposed regulatory or administrative action on specific
property, and to request legal counsel's review if any one of the criteria is answered in the affirmative.
Staff reviewed the five criteria outlined in the Takings Act Guidelines and did not answer yes to
any of the criteria.
5.2 School Facilities and Transportation -
GOAL: To provide the on-going opportunity for school representatives of Caldwell and School Districts
to participate in the community planning process.
POLICY 1: Include the school districts in the review process when considering land-use proposals. At
a minimum, notice of the hearing for each proposal should be provided to the districts and any
additional information that the districts might request
5.3 Land Use —
GOAL: To establish land-use management policies that protect property rights and the environment,
maintain a high quality of life, provide adequate land for all types of development, and adequately buffer
non-compatible uses.
OBJECTIVES APPLICABLE TO ALL LAND USES:
OBJECTIVE A: To guide the growth and development of land uses in such a way that the health,
safety, and general welfare of residents will be protected.
5.4 Transportation -
GOAL: To provide for the efficient, safe, and cost effective movement of people and goods.
OBJECTIVE A: To protect public safety and the environment.
5.5 Public Services, Utilities and Facilities —
GOAL: To ensure that there are adequate police, fire, emergency services, and public utilities to meet
the needs of the public.
OBJECTIVE A: To protect the safety of people and their property.
OBJECTIVE B: To provide for the orderly expansion of public services to meet the needs of population
growth.
VI THE HEARING EXAMINER'S FINDINGS OF FACT
6.1 The Caldwell Hearing Examiner accepts the facts outlined in the staff report and public testimony.
Page 4 of 6
SUP-255-05 City Well Site# 19 KCID HEOD MH HEOD
Public Hearing of November 22, 2005
VII THE HEARING EXAMINER'S CONCLUSIONS OF LAW
7.1 The Hearing Examiner has the authority to hear this case and to approve or deny it. The public notice
requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code
and City ordinances.
VIII THE HEARING EXAMINER'S ORDER OF DECISION
8.1 Based on the Findings of Fact and Conclusions of Law, the Hearing Examiner orders that Case
Number SUP-255-05, a request by the City of Caldwell for special use permit approval to construct a
public well site (#19) to include a well house and back up power plant at 1501 KCID Road is approved.
8.2 The specific terms and conditions placed on the Special Use Permit shall run with the land and remain
valid upon a change of ownership, or until such time that the Permits may be revoked, become invalid,
amended, or replaced with another approved use.
8.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with all
conditions placed upon the Special Use Permits.
8.4 No changes in the conditions and terms of the Special Use Permits, as approved, shall be undertaken
by the Applicant, or future assigns having an interest in the subject property, until the Community
Development Director has reviewed the proposed changes. If the Director determines that the
proposed change(s) is significant, an amendment for change shall only be approved through the public
hearing process.
8.5 Any violation of the terms and conditions of the Special Use Permits by the Applicant, or future assigns
having an interest in the subject property, will be deemed a misdemeanor and subject to the provisions
set forth in Idaho Code, 18-113. Each day's continued violation will be deemed a separate offense.
8.6 Any sign erected at the site shall be in accordance with Section 10-02-06 of Zoning Ordinance No.
1451 and shall require approval of a sign permit prior to installation.
8.7 All of the requirements placed on the permit by the Building Official, Fire Marshall, City
Engineer, City Forester, Community Development Director, and any other agencies having
approval authority, shall be met. Prior to any construction or use commencing on the site, the
Applicant, or future assigns having an interest in the subject property, shall apply for and obtain any
applicable permits.
IX OTHER CONDITIONS OF APPROVAL:
9.1 Provide revised site plan with setback from KCID, road access, 6-foot fence with 3-strand barbed wire,
landscaping to the Hearing Examiner prior to signature of order of decision.
Page 5 of 6
SUP-255-05 City Well Site# 19 KCID HEOD MH HEOD
Public Hearing of November 22, 2005
CASE NUMBER SUP-255-05 WAS HEARD BY THE HEARING EXAMINER AT A PUBLIC HEARING HELD
NOVEMBER 22, 2005.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE ORDER OF DECISION WAS
ADMINISTRATIVELY APPROVED AND SIGNED BY HEARING EXAMINER MAPP ON THE DATE NOTED
BELOW.
Jerome Map., Hea '7g Exa ner
ATTEST:
Date:
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Community Development Director
Page 6 of 6
SUP-255-05 City Well Site# 19 KCID HEOD MH HEOD
Public Hearing of November 22, 2005
CALDWELL PUBLIC HEARING BEFORE HEARING EXAMINER
MINUTES
February 28, 2006
Call to Order — Hearing Examiner, M. Jerome Mapp, opened the meeting for the public
hearing at 7:00 p.m.
II. Review of Proceedings — Mr. Jerome Mapp outlined the procedures for the public
hearing.
Members Present: Gian Paolo Mammone (Community Development Director), Melodie
Halstead (Associate Planner), Brian Billingsley (Senior Planner) and Mike Piechowski
(Engineering Department).
III. Old Business
A. Mr. Mapp approved the minutes of the January 21, 2006 meeting.
IV. New Business/Hearings —
A. CASE NUMBER SUB-134(PF)-05, a request by Westmark Commercial Finance
Corporation, for preliminary plat and final plat approval of approximately 1.20 acres.
Clayton Place South Subdivision that consists of 8 residential lots and 1 common lot in
an R-2 (Combined Medium Density Residential) zone.
Testimony:
Brian Billingsley, Senior Planner, presented the staff report.
Al Marston, Applicant's Representative, testified in favor presented PZ-1001 (revised site
plan).
Don Watts, Applicant's Engineer, made himself available for questions.
Mike Piekowski, Engineering Department, testified on sewer easements.
Public testimony closed — Mr. Mapp closed public testimony.
NOTE: See order of Decision for complete testimony or contact Community
Development Department for audio tapes of the hearing.
Comprehensive Plan Analysis on Preliminary and Final Plat: Mr. Mapp found that
the request was applicable to the Comprehensive Plan components listed in Sections
5.1 through 5.6 in the staff report.
Findings of Fact on Preliminary and Final Plat: The Hearing Examiner accepted the
general facts as outlined in the staff report and public testimony as a part of the
Findings.
Caldwell Hearing Examiner
Minutes— February 28, 2006
Conclusions of Law on Preliminary and Final Plat: The Hearing Examiner accepted
the Conclusions of Law as outlined in the staff report.
Order of Decision on Case No. SUB-134(PF)-05: The Hearing Examiner approved
Case No. SUB-134(PF)-05 known as Clayton Place South Subdivision containing eight
(8) three-plex lots and one (1) common lot with the conditions outlined in the staff report.
The Hearing Examiner further recommends that City staff reevaluate Table #2 (bulk
regulations) for updates.
B. Clarify CASE NUMBER SUP-255-05 (City Well Site # 19) Order of Decision, a request
by the City of Caldwell, to install a municipal well and pump house. Remove allowance
for barbed wire, shift pump house location, and install additional landscaping.
Testimony:
No Testimony was taken.
NOTE: See order of Decision for complete testimony or contact Community
Development Department for audio tapes of the hearing.
Recommendation on Case No. SUP-255-05: The Hearing Examiner approved the
findings of fact and recommendation on Case No. SUP-255-05 with the conditions
outlined in the staff report and the following additional conditions:
C. CASE NUMBER SUB-138P-06 (Azure Place), a request by Edward Dupper for
preliminary plat approval of 28 residential lots and 6 common lots in a R-1 (Low Density
Residential) zone.
Testimony:
Melodie Halstead, Planner, presented the staff report.
Scott Sherrow, Applicant's Representative, testified in support of the application. Mr.
Sherrow shared his concerns about several items on the staff reports.
Tom Doan, signed in neutral of the application. Mr. Doan owns the property to the east
of the proposed subdivision. Mr. Doan's property is an "L" shaped parcel that is currently
landlocked. Mr. Doan requested a stub street into his property.
Chuck Stadick, signed in neutral of the application. Mr. Stadick represents the Grace
Lutheran Church. Mr. Stadick supports Mr. Doan's request for a stub street to Mr.
Doan's property.
John Harris, signed in neutral of the application. Mr. Harris is concerned with the
irrigation water to his property.
Pauline Cupp, signed in opposition to the application. Mrs. Cupp feels the traffic on
Airport Ave is already too congested to allow an additional subdivision.
Caldwell Hearing Examiner
Minutes— February 28,2006
Scott Sherrow, offered his rebuttal. Mr. Sherrow assured Mr. Harris that the subdivision
construction would not affect his irrigation water.
Jerome Mapp, Hearing Examiner, recommended the stub street be relocated to connect
with Mr. Doan's property to the east.
Public testimony closed — Mr. Mapp closed public testimony.
NOTE: See revised staff report (dated February 17, 2006) for complete testimony or
contact Community Development Department for audio tapes of the hearing.
Comprehensive Plan Analysis on Preliminary and Final Plat: Mr. Mapp found that
the request was applicable to the Comprehensive Plan components listed in Sections
5.1 through 5.10 in the staff report.
Findings of Fact on Preliminary and Final Plat: Mr. Mapp accepted the general facts
as outlined in the staff report and public testimony as a part of the Findings.
Conclusions of Law on Preliminary and Final Plat: Mr. Mapp accepted the
Conclusions of Law as outlined in the staff report.
Order of Decision on Case No. SUB-138P-06: Mr. Mapp approved Case No. SUB-
138P-06 known as Azure Place containing 28 residential lots and six (6) common lot
with the conditions outlined in the staff report and the following conditions:
• All lots must come into compliance with the Zoning Ordinance.
• 60-foot of road frontage (Airport Avenue) shall be provided on Lot 7, Block 1.
• 19,689 sq. ft. shall be dedicated as useable open space, exclusive of required
street buffers.
V. Adjournment:
The Hearing Examiner adjourned the meeting at approximately 8:30 p.m.
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP,
ON THE DA NOTED BELOW:
11/jCj/� ATTEST:
M. Jer �'�d'app D e
Community Development Director
Caldwell Hearing Examiner
Minutes— February 28,2006
Note to file:
A copy of the signed Order of Decision was sent to Brent Orton for his file via interoffice
mail on Wednesday, March 29, 2006 by me, per Brian Billingsley.
Dee Fernandez
March 30, 2006
PZ-3