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PUBLIC HEARING COMMENT SHEET
(PLEASE PRINT CLEARLY)
NAME: BILL k\AML.lta
STREET ADDRESS: 407 N. Agc
CITY/STATE/ZIP: Zo1SEi ( O 14e
NAME OF CASE BEING HEARD: Sup -`j 2 - 9�
Check the appropriate line:
Applicant or Representative I Neutral/
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PUBLIC HEARING COMMENT SHEET
(PLEASE PRINT CLEARLY)
NAME: /LI / .,...,..- r-,,,. cAnA,„,,ii?°-
STREET ADDRESS: `/ e S' ` Y t a+ ,w
CITY/STATE/ZIP: 1/, 'F 0
NAME OF CASE BEING HEARD: c a °--- --
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Applicant or Representative 1 Neutral/
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Written comments may be attached to this form or you may write them in below.
•
BEFORE THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL,IDAHO
IN THE MATTER OF THE APPLICATION ) CASE NO. SUP-52-99,COURSE
OF DESIGN WEST ARCHITECTS,P.A., ) OF PROCEEDINGS, GENERAL
REPRESENTING THE VALLIVUE SCHOOL ) FACTS,TESTIMONY,EXHIBITS,
DISTRICT,TO AMEND A SPECIAL USE ) APPLICABLE LEGAL STANDARDS,
PERMIT TO CONSTRUCT A ONE STORY ) COMPREHENSIVE PLAN
DISTRICT ADMINISTRATION OFFICE ) ANALYSIS,FINDINGS OF FACT,
) CONCLUSIONS OF LAW,AND
) ORDER OF DECISION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on
application SUP-52-99, to be held on January 14, 1999. Public nnt;t'a cPr forth in
Idaho Code, Chapter 65, Local Planning Act, were met. On I
published in the Idaho Press Tribune; on December 28, 1998, n(
owners within 300 feet of the project site; and on January 7, 1999 a,U) 7 3
1.2 Files and exhibits relative to this application are available
Development Department and were available for review at the hey �JK�JI
II GENERAL FACTS
2.1 APPLICANT(S): Design West Architects,P.A., 9 Twelfth Aven
2.2 OWNER(S): Vallivue School District No. 139, 2423 S. Georgia
2.3 REQUEST: The Applicant requests approval of a special use per
use permit in order to construct a one-story administration office
feet.
2.3.1 Applicant's Narrative: The Applicant states the project will benefit the public in a number of
ways. Office will be located in the heart of the District and will allow access to other facilities
and patrons. Less resources will be withheld from educational funding. Additional parking will
result from the placement of this facility which then can be used by patrons utilizing the athletic
fields adjacent to the site. This will help to reduce on street parking. "This project will help the
administration more efficiently render educational services to the community while not adversely
affecting the public interest."
2.3.2 Background Information: On November 30, 1993, Vallivue School District No. 139 received a
Conditional Use Permit(3Z080/3-3N-3) from Canyon County to construct "a new complete high
PZ-3
school facility on approximately sixty (60) acres in an "A" (Agricultural) Zone. On December
19, 1994,the City of Caldwell annexed the site and as an R-1 (Low Density Residential)zone.
2.4 LOCATION: The site is located at1407 Homedale Road.
2.5 SITE PLAN: The site plan shows proposed facility, and access to parking from Montana
Avenue; no additional access is proposed.
2.6 NATURAL RESOURCES AND HAZARDOUS AREAS: The project site is not within the near
vicinity of the Boise River or Indian Creek, and is not within a floodplain.
2.7 LAND USE: The project site is zoned R-1, Low Density Residential. Adjacent property to the
north of the building site is zoned County Agriculture and City R-1 to the west, south and east of
the site.
2.7.1 Section 10-02-02, Table 1, Land Use Schedule, permits Schools by special use permit in all
zones.
2.8 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential.
2.8.1 The Comprehensive Plan defines Low Density Residential as an area "suitable primarily for
single-family residences. Other uses characteristic of low density residential areas such as
churches, schools, neighborhood parks, comparable public facilities and essential utility
installations are appropriate. The residential density will be from 1 to 6 dwelling units per net
acre."
2.9 AREA OF CITY IMPACT: The project site is not within the Area of City Impact.
2.10 PUBLIC FACILITIES:
2.10.1 Schools - The Caldwell School District was notified of the request through mailing of the public
hearing notice on December 28, 1998.
2.10.2 Fire Protection - The Fire Marshal must approve fire protection and building plans during the
permitting process.
2.10.3 Utilities-Water/Sewer- The site is served by City water and sewer.
2.10.4 Stormwater - The Engineering Department has authority to approve the storm water disposal
system during the building permitting process.
2.11 TRANSPORTATION: Egress to the site will be from Montana Avenue a minor arterial.
2.12 PARKS, RECREATION AND OPEN SPACE: The Applicant does not propose to provide any
additional parks,recreation or open spaces.
2.13 HISTORIC AREAS: This property is not within the area of historic significance.
2.14 HOUSING: The proposal is to construct a one-story 5350 square foot District Administration
office and includes no provisions for housing.
2.15 COMMUNITY DESIGN: Homedale Road and Montana Avenue are minor arterials. A
landscape plan was submitted.
III TESTIMONY/EXHIBIT(S)
3.1 Bud Knickerbocker presented the staff report, and Exhibit PZ-1000 a copy of an Assessor's map
showing the location of the site with surrounding zoning.
3.2 Bill Hamlin,Applicant's representative, testified that it would benefit the school to move to their
own location, there will be no lease rate for them to pay, and the NW corner of the current High
School was chosen in order site to minimize the impact on playing fields such as soccer,baseball,
etc; layout of playing fields will be reconfigured in order to fit around the building.
3.3 George Grant signed up in favor of the application,but did not wish to speak.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell Zoning Ordinance No. 1451
4.2 City of Caldwell Comprehensive Plan
4.3 Idaho Code, Title 67, Chapter 65,Local Planning Act
V COMPREHENSIVE PLAN ANALYSIS
5.1 The proposed project is in compliance with the Comprehensive Plan as follows:
5.2 Residential Categories—Policies 12 and 16.
5.3 Public Facilities Plan—Policy 1.
5.4 Schools—Policy 3.
5.5 Essential Services—Policy 4.
5.6 Urban Storm Runoff—Policy 1.
5.7 Community Design—Policy 9.
VI FINDINGS OF FACT
6.1 Accept the general facts as findings of fact and include the testimony.
VII CONCLUSIONS OF LAW
7.1 The Planning and Zoning Commission has the authority to hear this case and to approve or deny;
public notice requirements were met; the hearing was conducted within the guidelines of Idaho
Code and City ordinances.
VIII ORDER OF DECISION
8.1 Based on these Findings of Fact and Conclusions of Law, and for the reasons stated,the Planning
and Zoning Commission of Caldwell, Idaho, orders that Case No. SUP-52-99 (Vallivue School
District), a request by Design West Architects,P.A.,for approval to amend an existing special use
permit in order to construct a one-story administration office of approximately 5350 square feet in
an R-1 zone be approved subject to the following conditions:
8.2 The specific terms and conditions placed on this Special Use Permit shall run with the site and
remain valid upon a change of ownership, or until such time that the Permit may be revoked,
P�-J
become invalid, or replaced with another approved use. The Special Use Permit is not
transferable from the approved site to another site.
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 Permit.
8.4 No changes in the conditions and terms of this Special Use Permit, 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 and approval for
amendment has been granted through the public hearing process.
8.5 Any violation of the terms and conditions of this Special Use Permit by the Applicant, or future
assigns having an interest in the subject site, shall be deemed a misdemeanor and subject to the
provisions set forth in Idaho Code, 18-113. Each day of continued violation shall be deemed a
separate offense.
8.6 The Special Use Permit shall become null and void if the building plans, as authorized, have not
been approved by the applicable City departments within six months from the date of signing of
this Order of Decision, and construction has not commenced within one year from the signing of
this Decision, unless an extension has been requested and approval has been granted by the
Community Development Director.
THE PLANNING AND ZONING COMMISSION AT A PUBLIC HEARING HELD JANUARY 14,
1999 APPROVED SUP-51-99.
WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW WERE APPROVED BY THE
PLANNING AND ZONING COMMISSION AT A REGULARLY SCHEDULED MEETING HELD
/1./
F U RY 11, 1999.
c
Charles Murphy, Chai an ATTEST:
Community Deve 4rint Director
-3
CALDWELL PLANNING AND ZONING COMMISSION
MINUTES OF JANUARY 14, 1999
Call to Order—Vice Chairman Murphy called the meeting to order at 7:00 p.m.
II. Roll Call
Members Present: Charles Murphy,Janie Archuleta,Matt Beebe
Member Absent: Reed Taylor
Staff Present: Linda James,Bud Knickerbocker,Joan Holmes
Legal Counsel: Mark Hilty
III. Review of Proceedings-Vice Chairman Murphy reviewed the procedures for public hearings.
IV. Poll Members for Conflict of Interest - Vice Chairman Murphy polled members for conflicts of interest: there
were none.
Old Business—
A. Approve minutes of December 10, 1998—Motion: Commissioner Archuleta. Second: Commissioner Beebe.
Approve as written. Passed: Unanimous voice vote.
B. Approve Recommendation on Case SUB-28F-98 (Falcon Ridge Estates No. 1, Phase 2) and Order of
Decision on SUP-50-98 (Terry Bennett Class B Manufactured Homes) - Motion: Commissioner Archuleta.
Second: Commissioner Beebe. Approve the recommendations for the referenced cases as written. Passed:
Unanimous voice vote.
VI. New Business
A. Election of Officers - Motion: Commissioner Archuleta. Second: Commissioner Beebe, to elect Charles
Murphy as Chairman, Reed Taylor as Vice Chairman,and Janie Archuleta as Secretary. Passed: Unanimous
voice vote.
B. Hearings
1. Case No. OA-21-99, a request by the Caldwell Community Development Director to adopt an official
zoning map that supersedes and replaces the official zoning map adopted December 13, 1977 by the
Caldwell City Council as a part of Zoning Ordinance No. 1451. The new map includes all rezones and
annexations that have occurred since December 13, 1977 and will bring the official zoning map up-to-
date. All of the respective zone boundary changes that are made a part of the map received prior approval
by the City Council following public hearing requirements set forth in Idaho Code, Chapter 65, Local
Planning.
Testimony—
Linda James presented the staff report and testified that the proposed map will be of benefit to both the public and
the City.
Public Testimony Closed—Chairman Murphy closed public testimony.
Findings of Fact— Motion: Commissioner Archuleta. Second: Commissioner Beebe. Accept the general facts
outlined in the staff report as Findings of Fact. Passed: Unanimous roll call vote.
Conclusions of Law—Motion: Commissioner Archuleta. Second: Commissioner Beebe. The Commission has
the authority to hear this case and to make a recommendation to the Mayor and City Council for approval or
denial; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code
and City ordinances. Passed: Unanimous roll call vote.
Recommendation to City Council-Motion: Commissioner Archuleta. Second: Commissioner Beebe. Based on
the Findings of Fact and Conclusions of Law,recommend to the Mayor and City Council that Case No. OA-21-99
P2-71
_
(Official Zoning Map), a request by Community Development Director to adopt a new official zoning map is
approved. Passed: Unanimous roll call vote.
Public Hearing Closed—Chairman Murphy closed the public hearing.
2. Case No. SUP-52-99, a request by Vallivue School District to amend an existing special use permit in
order to construct a one-story administration office of approximately 5250 square feet. The site is
located within an R-1 zone and is more commonly known as 1407 Homedale Road
Testimony—
Bud Knickerbocker presented the staff report and Exhibit PZ1000, a copy of the Assessor's map showing the
subject site and surrounding zoning.
Bill Hamlin,Representative,testified that it would benefit the school to move to their own location,there will be no
lease rate for them to pay, and have chosen the NW corner of the current High School site to minimize the impact
on the surrounding area of playing fields such as baseball and soccer. George Grant signed up in favor but did not
speak.
Public Testimony Closed—Chairman Murphy closed public testimony.
Comprehensive Plan Analysis-Motion: Commissioner Archuleta. Second: Commissioner Beebe. The request is
in compliance with the following Comprehensive Plan components: Residential- Policies 12 and 16, Public
Facilities Plan- Policy 1, Schools- Policy 3, Essential Services- Policy 4, Urban Storm Runoff- Policy 1, and 2,
Community Design-Policy 9.Passed: Unanimous roll call vote.
Findings of Fact—Motion: Commissioner Archuleta. Second: Commissioner Beebe.Accept the general facts and
testimony as Findings of Fact. Passed: Unanimous roll call vote.
Conclusions of Law-Motion: Commissioner Archuleta. Second: Commissioner Beebe. The Commission has the
authority to hear this case and approve or deny; the hearing was legally noticed and was conducted within the
guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote.
Order of Decision—Motion: Commissioner Archuleta. Second: Commissioner Beebe. Approve Case No. SUP-
52-99 with the standard conditions outlined in the staff report. Passed:Unanimous roll call vote.
Public Hearing Closed—Chairman Murphy closed the public hearing and noted that anyone wishing to appeal the
decision of the Commission is to contact the Community Development Director.
3. Case No. SUP-51-99, a request by Calvary Chapel to use a portion of an existing building to conduct
church services and activities. The site is located within a C-2 zone and is more commonly known as 704
Blaine.
Testimony—
Bud Knickerbocker presented the staff report and Exhibit PZ1000, a copy of the Assessor's map showing the
subject site and surrounding zoning.
Bob Larsen, Representative, testified that they have approximately 40 members so parking is ample when needed-
Sunday mornings and Wednesday evenings. Scott Johnson, Wendy Ferguson, Lyle Ferguson, Larry Fogelman,
Kiki Fogelman,Denise Sloan,Jeff Sloan,and Tom Dempsey signed up in favor but did not speak.
Public Testimony Closed—Chairman Murphy closed public testimony.
Comprehensive Plan Analysis-Motion: Commissioner Archuleta. Second: Commissioner Beebe. The request is
in compliance with the following Comprehensive Plan components: Commercial Categories- Policies 1 and 3,
L.
Mitch Bicandi, owner of property west of proposed site and president of the ditch company servicing this area,
testified he was neutral but expressed concerns of drainage, and questioned whether he could continue farming,
because of the dust he creates.
Amy Woodruff, Applicant's Engineer testified that the runoff generated by the interior streets will be reviewed
and approved by the Notus Parma Highway District; JUB is the engineering firm designing the drainage system;
all Code requirements will be met; Code will not permit drainage from the subdivision to flow onto adjacent
properties.
Jerry Trammel states in rebuttal that Idaho has a Right to Farm Law ensuring Mr. Bicandi's ability to farm, and
they will abide by Idaho Code.
Public Testimony Closed—Chairman Murphy closed public testimony.
Comprehensive Plan Analysis on Case No. SUB-29P-99 - Motion: Commissioner Archuleta. Second:
Commissioner Beebe. The request is in compliance with the Comprehensive Plan Map designation of
Commercial. Passed:Unanimous roll call vote.
Findings of Fact —Motion: Commissioner Archuleta. Second: Commissioner Beebe. Accept the general facts
and testimony outlined in the staff report as Findings of Fact. Passed: Unanimous roll call vote.
Conclusions of Law— Motion: Commissioner Archuleta. Second: Commissioner Beebe. The Commission has
the authority to hear this case and to make a recommendation to the Mayor and City Council for approval or
denial;public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code
and City ordinances. Passed: Unanimous roll call vote.
Recommendation to City Council-Motion: Commissioner Archuleta. Second: Commissioner Beebe. Based on
the Findings of Fact and Conclusions of Law,recommend to the Mayor and City Council that Case No. SUB-29P-
99, (20/26 Commercial Park Subdivision) is approved with the conditions outlined in the staff report. Passed:
Unanimous roll call vote.
Public Hearing Closed—Chairman Murphy closed the public hearing.
VII. Planning Issues— No Planning Issues were discussed.
VIII. Adjournment—Chairman Murphy adjourned the meeting at approximately 9:35 p.m.
MINUTES APPROVED AT A REGULARLY SCHEDULED MEETING HELD FEBRUARY 11, 1999.
i A kA
ti if TTEST:
airman Charles Murphy / \
cs'
Community Develo• irector
CALDWELL PLANNING AND ZONING COMMISSION
MINUTES OF FEBRUARY 11,1999
Call to Order—Chairman Murphy called the meeting to order at 7:00 p.m.
II. Roll Call
Members Present: Charles Murphy,Reed Taylor,Matt Beebe,Jim Blacker
Member Absent: Janie Archuleta
Staff Present: Linda James,Joan Holmes
Legal Counsel: George DeFord
III. Review of Proceedings-Chairman Murphy reviewed the procedures for public hearings.
IV. Poll Members for Conflict of Interest- Chairman Murphy polled members for conflicts of interest: there were
none.
V. Old Business—
A. Approve minutes of January 14, 1999—Motion: Commissioner Taylor. Second: Commissioner Beebe.
Approve as amended. Passed: Unanimous voice vote.
B. Approve recommendations on the following cases: Case OA-21-99 (Official Zoning Map), SUB-30P-99
(Quail Meadow), and SUB-29P-99 (20/26 Commercial Park Subdivision) and Orders of Decision on
SUP-51-99 (Calvary Chapel) and SUP-52-99 (Vallivue School Administration Office). Motion:
Commissioner Taylor. Second: Commissioner Beebe. Approve the recommendations and Orders of
Decision for the referenced cases as written with the exception of Case No. SUB-30P-99 amending
"SUP"to read"SUB." Passed: Unanimous voice vote.
New Business—Hearings
A. Case No.SUB-32P-99, a request by Newell LaVoy for preliminary subdivision plat approval to develop
74 residential and 5 common-area lots on approximately 20.83 acres located in an R-1 zone. The site is
located at the northeast corner of the intersection of Ustick Road and the undeveloped portion of the
right-of-way of Ray Avenue. The proposed subdivision is adjacent to the eastern area of Rosewood and
McCarthy Subdivisions.
Testimony—
Linda James presented the staff report and Exhibit A-5,a memorandum submitted by the applicant.
Newell LaVoy,Applicant,and William Mason,Engineer for the Applicant,testified in favor.
Rita Jaques,testified as neutral.
Public Testimony Closed—Chairman Murphy closed public testimony.
Comprehensive Plan Analysis -Motion: Commissioner Taylor. Second: Commissioner Beebe. The request is
in compliance with the following Comprehensive Plan components- Residential Categories- Policies 2, 8, 9 and
10. Utilities- Policies 1, 2, and 3. Urban Storm Runoff- Policy 1. Transportation- Policies 2 and 10. Parks,
Recreation and Open Spaces- Objectives 1 and 5. Housing- Policy 3. Community Design- Policies 1, 7, and 8.
Passed: Unanimous roll call vote.
Findings of Fact — Motion: Commissioner Taylor. Second: Commissioner Beebe. Accept the general facts
outlined in the staff report as Findings of Fact and include the following testimony as facts: a phasing schedule has
been submitted by the Applicant and the schedule will be included on the preliminary plat before it goes to
Council for approval; a 4-foot tall, landscaped berm will be installed on the common lot located along Ustick and
Ray;theme signage at the intersection of Ustick and Ray and within the subdivision will be installed;two common
area lots will be landscaped and used for stormwater detention; Lot 3 Block 4 is a common area lot to be
6
Recommendation to City Council on Case No. ANN-14-99 — Motion: Commissioner Taylor. Second:
Commissioner Beebe. Based on the Findings of Fact and Conclusions of Law, recommend to the Mayor and City
Council that Case No.ANN-14-99,a request Alvin Powell to annex approximately 30 acres into the City as an R-2
zone,is approved. Passed: Unanimous roll call vote.
Comprehensive Plan Analysis on Case No. SUB-30-99 - Motion: Commissioner Taylor. Second:
Commissioner Beebe. The request is in compliance with the following Comprehensive Plan components:
Residential Categories — Policies 3, 5, 6, 7, 8, 10, 11, 13 and 15; Utilities — Policies 1, 2 and 3; Urban Storm
Runoff— Policies 1 and 2; Transportation — Policy 5; Community Design — Policies 1, 2, 7 and 8. Passed:
Unanimous roll call vote.
Findings of Fact on Case No. SUB-30-99— Motion: Commissioner Taylor. Second: Commissioner Beebe.
Accept the general facts as Findings of Fact and include the following: only stick built homes will be permitted
within the subdivision;the homes will be priced above entry level; a four-foot berm will be installed along Florida
Avenue and that portion of the subdivision that is residential; the common areas will be maintained by the
Homeowners Association; a berm similar in design will be installed along the commercial lots on both Florida
Avenue and Ustick Road, and as outlined in the Development Agreement; phasing of the development will be as
outlined in Exhibit A-10;a 6 foot wooden fence with steel posts will be installed along the residential lots abutting
the Lowline Canal;the street names will meet approval of the Fire Marshall. Passed: Unanimous roll call vote.
Conclusions of Law on Case No. SUB-30-99—Motion: Commissioner Taylor. Second: Commissioner Beebe.
The Commission has the authority to hear this case and to make a recommendation to the Mayor and City Council
for approval or denial;the hearing was legally noticed and was conducted within the guidelines of Idaho Code and
City ordinances.Passed: Unanimous roll call vote.
Recommendation to City Council on Case No._SUB-30-99 — Motion: Commissioner Taylor. Second:
Commissioner Beebe. Based on the Findings of Fact and Conclusions of Law,recommend to the Mayor and City
Council that Case No. SUB-31P-99, a request Alvin Powell for preliminary plat approval to develop a Planned
Unit Development consisting of 109 residential lots,5 common area lots, and 4 commercial lots on approximately
30 acres annexed into the City as an R-2 zone,is approved with the standard conditions of approval outlined in the
staff report and include the following conditions: the Development Agreement for the proposed commercial lots
shall be approved by the City Council at the time annexation and preliminary plat approval and shall be recorded
as an attachment to the Annexation Ordinance; only stick built homes will be permitted within the subdivision; a
four-foot berm will be installed along Florida Avenue and that portion of the subdivision that is residential;a berm
similar in design will be installed along the commercial lots on both Florida Avenue and Ustick Road, and as
outlined in the Development Agreement; the common areas will be maintained by the Homeowners Association;
a 6-foot wooden fence with steel posts will be installed along the residential lots abutting the Lowline Canal; the
final plat shall include street names that meet approval of the Fire Marshall. Passed: Unanimous roll call vote.
Public Hearing Closed—Chairman Murphy closed the public hearing.
VII. Planning Issues — Linda James reminded the Commission that the workshop regarding Planning and Zoning
issues is Saturday,February 13 in Weiser. Also the manufactured home workshop will be on Monday,March 1,at
5:30pm.
VIII. Adjournment—Chairman Murphy adjourned the meeting at approximately 9:10 p.m.
MINUTES APPROVED AT A REGULARLY SCHEDULED MEETING HELD FEBRUARY 25, 1999.
ATTEST:
Vic hairman R7Kfaylor
61:1;z3L._
Community Deve •. ent Director
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