Planning & Zoning Commission - Regular Meeting

So moved. Second. All in favor? I. Okay. Um, any conflicts of interest from anybody on any of these? No. None.

Okay. All right. I guess we can just uh Oh, I got to read this. Sorry. So, opening statement. A quasi judicial hearing involves a consideration of a land use request such as an annexation, reszone, classification, or approval of a subdivision preliminary plat. The public hearing procedure as required by the Idaho code are as follows. Oral and written testimony will be accepted from those who have signed in to speak prior to the hearing being declared open. When providing testimony, please come to the podium, state your name and address, which we will include in the record. The applicant or applicant's representative will be given up to 20 minutes to present their land use request. The city planner will then follow up with their staff report. Public testimony. Testimony of those in support will be taken, followed by those in neutral position, and finally those in opposition of the request. Note, all public testimony will be limited to three minutes or less. The applicant will be offered the opportunity to provide rebuttal testimony. follow up by the planner if necessary. After the rebuttal testimony is given, the public testimony portion of the public hearing will be closed and no new oral or written testimony will be allowed. However, city staff are allowed to discuss any questions or concerns with the commissioners after the public testimony has been closed. Looks like we have no old business, so we'll go straight to new business. Action item case number A&N25-3. Can we get

He's signing in right now. Oh, the applicant is okay. All right. Take a pause.

Oh, perfect. All right. Are you the applicant for uh Yeah. So, we're ready for you to present. So I'm not sure what to really to do in this things uh to present but we are

trying to develop a uh truck repair facility. Excuse me. Alex, can you identify yourself and name address please? And my name is Alexander Gancherov. I'm the applicant. Uh the address is 1419 Indane Caldwell Idaho 83605. and I'm representing or on the behalf of uh Pavo Controv. He is my brother and I'm authorized uh person to handle all the applications and paperwork. Can I start? Yep. Y sure can.

So we uh as a recor truck center would like to develop the property to do a semi-truck repair, semi-truck and trailer and RV repair and parking. uh truck and trailers and RV class A RV only on the property. Um was trying to do this project for the last six years. Finally, we're are here. Um for the most part uh nothing really to it. Uh we're going to be uh having a small shop, parking spot, and a retail space to sell parts. the uh four semi-truckss in trailers. That's pretty much what I can say at this point.

Pretty much it. Okay. Yep. Nothing nothing very special. All right. Thank you. Thank you.

Okay. Can we get the staff presentation, please? Sorry, we're getting Okay. Thank you, commissioners. Um, Garene Davis, Plano1, 205 205 um, South 6th Avenue Caldwell. Before you today is an application for annexation of uh, two parcels with initial zoning of M1 general industrial and um, associated development agreement. The site is um 3.3 acres and located approximately a quarter of a mile north

of the end lane and aviation way intersection. The property was originally developed with residential and livestock related uses and around 1943. The current owner acquired the property in 2022 and subsequently built a 20 91 foot detached two bay shop on site. Kennan County Code enforcement currently has an active um code enforcement case on the property regarding the operation of the truck repair business which um in the agricultural zone is not compliant with current county uh regulations. On the comp plan, the site is uh designated employment center. Um surrounding parcels are designated employment center and mixed use center to the north and south. Employment center to the east and mixed use center to the west. The requested zone M1 is consistent with the employment center designation which is intended to support a range of light industrial automotive repair and offices use. The parcel is currently located within the county and it is within city's impact area but co because the parcel is adjacent to an already annexed parcel it is permissible under Idaho code. The applicant proposes to annex in the city and continue operation of the existing business with core truck center LLC. The apostle is surrounded by a residential use with livestock to the south which is within county, a truck

repair use to the north, a combination of commercial and industrial uses to the east and um industrial uses to the west. There is no preliminary plant proposed with with the annexation. No additional lots will be created. The site will continue to take access from Indie Lane. The existing use is expected to remain and expand. As part of this annexation, the applicant will be required to complete site improvement um to bring the property into compliance with the requirement of the M1 zoning and applicable city development regulations. The submitted site plan as is at the time of this hearing does not currently comply with applicable city regulations. Site um staff is recommending conditions of approval to address those issues prior to the city council public hearing. The site is currently developed with residential structures while the proposed use is industrial and commercial in nature. So, one of the some of the conditions of approval will require the applicant to bring the existing structures into compliance with uh commercial building codes prior to the issuance of uh certificate of occupancy or within four months of the city um city council approval whichever comes first. All utilities are available or will be made available for the uh site. Agencies were notified and provided opportunity to comment. Um the Caldwell Fire Department provided um general conditions of approval. Engineering department provided conditions of approval as well um specifically regarding route education, internal

circulation, street improvements and utilities. Um the mapping department um approved subject to revision of the annexation map and of course the Kenan County code enforcement um agency stated no issues with the proposal but underlined the pending uh violation. Um staff's review found that the proposed project as conditioned is in conformance with applicable city codes, applicable um approval criteria, the comp plan and other city master plans and policies. Of course, the commission has the authority to recommend approval or denial of the application based on the um approval criteria and based on evidence heard during this public hearing. With that, I will stand for questions.

Okay. Anything for the applicant? I have a question for the applicant. Okay. Um, sir, you state you said this is about a six-year project you've been working on and everything like that. Yeah. Um, based on what staff kind of said, it sounds like there's a number of conditions for approval. Yes. Um, I can put them up. Yeah. Um, can you do that? Could you please? Yes.

We started this whole project first with uh county and the county held it for over four and a half years. Okay. And uh couldn't give us any uh we paid them all the fees, everything and submitted every application that possibly was needed. Mhm.

And there was promises. There were agreements and none of them were agreed. And then at very end of it, it was kind of said that we need to start everything with can uh with the city of Cwell. Okay. And so so far, city of the Caldwell was the greatest people we ever worked with because they moved the whole project finally because we there was a little mistake. acquired a property in 2020. Mhm.

And not 2022. And uh we applied to the county uh in 2021 uh I believe January 2021. And we haven't gotten anything until 20 late of 2024 and mid of 2025. We finally got kicked out from Canon County. They say that they can't help us. And so, city of Caldwell uh took over and we had to do a lot of changes to uh do this. Um but a lot of our applica um like developments and all of this things got expired kind of because people only give you a quote for 30 days and like even sewer department was um we had it extended for two years and then they said okay once you guys get approved we can start all over again. you all everything compliant everything was done by civil engineer

so pretty much that's where we at and um uh there were many conditions granted to us from Canyon County and then recently they start kind of stepping back and say you can do this you cannot do this you can park here you can do I'm like okay we are two months away from having a hearing Mhm.

And they say, "Well, we're going to still want you to comply with this." So, we went up to them and uh made an agreement that uh we will comply with everything right at this meeting, basically past this meeting. So, that's where we at right right now and right here. Anything else? Thank you. You're welcome. I just have one question for staff and I I think you said it but I might have missed it but all um utilities and services are at the property now or right by it.

Um thank you comm um Commissioner Harmon. Um the property currently has a sewer, their own sewer. Um but one of the conditions of approval from engineering is that they will uh connect to city services once the city decides it's time for them to do so. And our services are adequate for right there. Yes, they are. Perfect. I think that's all I had. Another question I have says uh upon prior prior to hearing and everything. So, a lot of these conditions have to be satisfied prior to going before council. Correct. Um especially the ones like the site plans and landscaping that are not currently submitted correctly. These will need to be

and building improvements be building improvements and building plans and everything like that. Correct. The the improvements are not expected to be completed before the city council. No, not the improvements, but at least TI's and plans and everything like that. Yes, a plan. Okay. A plan. Okay. Anything else? Okay. All right. Move on to public testimony. I've got the thing. Nobody signed up in favor, neutral or opposed. So, um would you do you need to say any do you want to say anything else? You have about five minutes if you want to say anything more or not.

Um for the most part, I'm looking forward to get this thing approved so we can actually get moving with the project and uh start bringing all the paperwork because all even like our engineer lost faith in this whole thing. He goes, "I am just going to give you bare minimum to provide to whatevers they need because if you guys approve, then I can just get on it and hop on and get things move forward." He has everything ready for us to launch. It's just he wants to see that this is this is taken somewhere. Okay. Um that's pretty much where we at. Everything else is pretty much ready. We just need to start following whatever's the guidance will be given to us. Perfect. Thank you. That's it. Thank you.

Thank you. Any final clarifications from staff? Okay. Any qu final questions from commissioners? All right. So, do I have a motion to close public testimony? So moved. Second. All in favor? I I All right. We can deliberate. So, it's my understanding that the county actually recommended the annexation to get this to go through. I think that's correct. Right. Yes. that is on. I mean, it's literally next to the freeway. He's asking for use of

literally north of it is the exact same use. I see no issues with this. It's directly on the freeway in the city of Caldwell. It's essentially infill at this point. Yeah. I'll I'll make a motion based upon the testimony evidence recorded in the matter and upon the finding of facts and conclusion of law set forth herein. I do hereby determine and move that the annexation request of ANN23 is recommended for approval subject to the conditions of approval as presented or amended. Second. Okay, we have a motion and a second. Can we get roll call? Larson, yes. Whitbeck, yes. Harmon, yes. Vance, yes.

All right, so we will move on to the next one. me get there. Okay. All right. So, we're going to be moving on to action item case number 26-2. Can we get the applicant to present?

Oh, thanks. Good evening. I'm Brett Jones. I live at 628 South Fargo, Nampa, Idaho. And we're here to try to get aviation 1620 Aviation Way annexed into the city so I can sell the property. We have buyers that will sign a letter of intent and then they back out because they get scared of no zoning by the city. And the county when I bought the property told us that the city of Cowell had an a comprehensive plan to annex that property. So we're just trying to get it some kind of zoning on it. We're not going to build on it. I just want to sell it. I want to retire basically, but because people are backing out the last minute, it's really hard to sell it. We've had it on market for three years.

Two years. Okay.

When I bought it, it was um owned by a Mexican gentleman and it was an old tore down, deliberated, I mean destroyed house. I mean, it should have been condemned a long time ago. I bought it, cleaned it up, tore the house down. Now it's just filled and there is a uh well on that property and there is a old septic system there still. But we're here just the application to see if we can get it zoned to M1 so we can move forward on selling it. I know there are some concerns of the city of Cwell that um the sidewalks and on because it's got Andy Way on one side and aviation on both. We have to do whoever buys it has to put sidewalks and take care of both both sides of that. There's two entrances. There's one from aviation and one from Andy Way. You can come in from either side. So, and we went down the path of hiring engineer, architects, contractors to start the project because I was going to put move my plant out of Meridian there. And then economy changed and I said, "Nope, we're not do that." So, I I backed out. But at that time, the city said that we, you know, it was all acceptable. We went through city hearings and things like that two years ago before I bought the property doing due diligence to make sure that we could do what we need to do.

Okay, that's pretty much it. Well, thank you.

That's it. Thank you. Can I get staff presentation? All right. Um, Garene Davis, planner, 1205 South 6th Avenue, Caldwell. Before you today is an application for an exhibition of a parcel with initial zoning of M1, General Industrial. The parcel is um the site is 2.66 acres and is located approximately half a mile south of the I4 interchange at exit 29. It is addressed 1620 Aviation Way. It has phonages on Indie Lane and Aviation Way. The subject site is currently um undeveloped and located within county. Staff is not aware of any prior uh land use application or entitlement associated with the parcel within the city. The comp plan uh designate the sign as employment center. Surrounding parcels are designated as employment center and mixed use center to the north, employment center to the east, mixed youth center to the west and employment center, mixed youth center and special purpose to the south. The parcel is within the city's impact area and adjacent to an an already annexed parcel. The annexation request is therefore permissible under Idaho code. The requested M1 zone is compatible with surrounding zoning district as well as the comp plan.

The parcel is surrounded by a mix of industrial, commercial, and civic uses to the north, industrial, residential uses to the south and east, and industrial and commercial uses to the west. There is no development proposed with the annexation. Um, any future development will be subject to applicable city uh regulations and um review standards because no development is proposed at this time. Several diplomat standards cannot be evaluated. As proposed, the annexation is compliant with applicable city code. Um utilities um will be made available for the site and and public uh political subdivisions uh were notified and provided opportunity to comment. The engineering department provided an approval condition requiring the property owner to enter into a deferral agreement for future frontage improvement along aviation way in and lane. The fire department approved the request with general conditions of approval and Nepa Highway District and ITD provided no comments. Um staff review found that the proposed annexation is in conformance with applicable city codes application um application approval criteria the comp plan and other city plans and policies. With that I will stand for questions.

All right. Thank you. Any questions from commissioners? I have a question. Yes. So um there are no requirements because there's no application for any kind of improvements or anything like that. Uh as you stated that um Andy Lane and um aviation aviation would have would that would have to be improved at the by the future owner. Is that correct? Yes. Condition for approval. Yes. So the deferral agreement as explained by engineering goes with the land. So when it's sold, it'll go to the future owner who will be required to do the frontage once they develop the land.

And they would also be required to hook up to city services at that time too. And that deferral would include that as well. Um would um commissioner, so the deferral agreement would be for the furnish improvements um the sewer extension that would be required. Um, also at the same time of building permits middle. Okay, that's all I had. Thank you, commissioners. Okay. Anything else from anybody else? Nope. Anybody for the applicant? Okay. All right. It is. Okay. Does the applicant want to say anything else or

question we have is the deferral agreement. Are we signing it for the next buyers? Is that what how that works? U staff, I think you might have to answer this question. I missed that. Go ahead. No, you're okay. The question is the deferral agreement for the new owners. Do I need to sign that so it's transferable? Correct. The current property owner will need to sign it and it will go with the land. Okay. Yes. Perfect. Other than that, that's pretty much it. All right. Thanks. Okay. Any final clarification from the planners?

Anything else from you guys? Okay. No questions from commissioners. Okay. Can I get a motion to close public testimony? So moved. Second. Second. Okay. All in favor? I. Okay. We want to deliberate. Same basic thing. It's infill. It's right there. Yeah. Yeah. Right across the street. It's right across the street. It needed to be annexed at any point in time. It just someone decided to finally bring it forward. kind of takes away the county island right there, too. Exactly. Puts it all in. So, well, by that, do I have a motion to I'll make another motion.

Based upon the testimony and evidence and recorded in this matter and upon the finding of facts and conclusion of law set forth herein, I do hereby recommend determined that move the request of annexation 25-3 is recommended for approval subject to the conditions of approval as presented or amended. Have a second. Second. Can we get roll call? Larson, yes. Vance, yes. Harmon, yes. Whitbeck, yes. Okay, that being said, that passes. So, can I get a motion to Hold on. I don't think it uh it has it has the wrong annexation. It's It's It's ANN26-2. Oh, it is.

Several places here. It says three, but it's all two. So, so I'll I'll remake the motion. They responded. Yeah, we'll have to readjust that. Based upon the testimony and evidence in recording this matter and upon the finding of facts and conclusion of law set forth herein, I do hereby determine and move that the request for the annexation of an ANN26-02 1620 aviation way annexation is recommended for approval subject to the conditions of approval as presented or amended. I second. Roll call again. Larson. Yes. Vance. Yes. Harmon. Yes. Whitbeck. Yes. Okay. Good catch.

Thanks. All right. Mr. Commissioner, motion for commission. A motion to adjurnn. Okay. Got second. All in favor? I I All right. We're done.