HomeMy WebLinkAboutPublic Response SUB 156 E 6 Peregrine EstatestD
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Caldwell, lD 83605
Phone: (208) 455-4656
Fax: (208) 455-3003
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The City ofCaldwell complies with the ldaho Public Records Act (ldaho Code 9-337 to 9-348) regarding
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ORDER OF DECISION
BY THE MAYOR AND CITY COUNCIL
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD AUGUST 3, 2OO9
SIGNED AUGUST 17,2009
Subject: Case No. SUB-156(E)-06 (Peregrine Estates time extension)
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
REQUEST FOR TIME EXTENSION OF THE PRELIMINARY PLAT OF PEREGRINE
ESTATES SUBDIVISION
TABLE OF CONTENTS:
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COURSE OF PROCEEDINGS
GENERAL FACTS
TESTIMONY
FINDINGS OF FACT ON TIME EXTENSION
CONCLUSIONS OF LAW ON TIME EXTENSION
ORDER OF DECISION ON TIME EXTENSION
1.1
COURSE OF PROCEEDINGS
The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application SUB-156(E)-06 to be held before the Caldwell Planning and Zoning Commission
on June 9, 2009. Public notice requirements set forth in ldaho Code, Chapter 65, Local
Planning Act, were met. On May 24,2009 notice was published in the ldaho Press Tribune
12
and on May 22, 2OOg notices were mailed to all property owners within 300 feet of the site
as well as political subdivisions serving the site, and on May 28, 2009 nolice was posted on
the subject property.
On June 9, 2009 the Planning and Zoning Commission denied the request.
1.3 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application SUB-156(E)-06 to be held before the Caldwell City Council on August 3, 2009.
Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were
met. On July '19, 2009 notice was published in the ldaho Press Tribune and on July 17,
2009 notices were mailed to all property owners within 300 feet of the site as well as political
subdivisions serving the site, and on July 23, 2009 notice was posted on the subject
property.
1.4 On August 3, 2009 the Caldwell City Council approved the request.
1.5 Files and exhibits relative to this application are available for review in the Planning and
Zoning Department, 621 Cleveland, Caldwell, and at applicable public hearings.
Case No. SUB-156(E)-06 (Peregrine Estates Subd time ext) Page 1 of6
ORDER OF DECISION
a o
II GENERAL FACTS
2.1 OWNER/APPLICANT L202-1 lD Peregrine Estates LLC, P.O. Box 2506, Eagle, lD
836'16
ENGINEER: Landmark Engineering and Planning, 332 N. Broadmore Way, Nampa, lD 83687
2.2 REQUEST: The owner/applicant is seeking a one-year time extension on an approved
preliminary plat for Peregrine Estates Subdivision.
2.3 BACKGROUND: The preliminary plat for Peregrine Estates Subdivision was approved by City
Council and the Order of Decision was signed on May 21, 2007 .
Total acreage: 161.15 acres
Total buildable lots: 449 single-family lots in an R-1 Low Density Residential zone
Density: 2.78 dwelling units/gross acre
Average Lot size: 8,760 square feet
Total Phases: 6 phases
Construction drawings for Phase 1 of Peregrine Estates Subdivision were submitted to the
Engineering Department in 2007 and approved June 2008. Following approval, however,
Lakeview Elementary, due to its construction site area, nullified and voided the approved
construction drawings for Phase 1 of Peregrine Estates Subdivision. Therefore, construction
drawings for Phase 1 of Peregrine Estates need to be re-submitted, less the school site, and
reviewed and approved again.
Approval of the preliminary plat is valid for a period of twenty-four (24) months from the date of
signature on the Order of Decision for the preliminary plat by the City Council. Failure to
obtain the final plat approval and to record the final plat in accordance with that time frame
shall cause the preliminary plat to become null and void, unless a one-year extension of time
is applied for by the subdivider prior to the expiration date and is granted by the Planning and
Zoning Commission/Hearing Examiner following the public hearing process.
It shall be understood that the granting of a one-year time extension of the development
schedule itself constitutes a one-year time extension for each phase. No further exlensions
shall be permifted, unless othenvise granted by City Council following the public hearing
process.
2.4 LOCATION: The subject property is located on the east side of Lake Avenue approximately lz
mile south of Karcher Road.
2.5 LEGAL DESCRIPTION: A legal description was submitted with the underlying application and
was incorporated into the original preliminary plat file for reference purposes
2.6 COMPREHENSIVE PLAN DESI GNATION: The Comprehensive Plan Map designation for this
site is Low Density Residential2,7 COMPREHENSIVE PLAN COMPONEN TS APPLICABLE TO THE REQUEST:
Case No. SUB- | 56(E)-06 (Peregrine Esrates Subd rime ext)
ORDER OF DECISION
Page 2 of 6
o
ert Ri hts:The five checklist criteria set forth by the Attorney General in the "ldaho
Regulatory Takings Act Guidelines" were reviewed by the planning staff
2.7.2 School Facilities and Trans rtation The school was notified of the request
2.7.3 Public Utilities and Services: The Engineering Department, Fire Department, Building
Department, Police Department, Vallivue School District, and Pioneer lrrigation District were
sent a request for comment. Replies are as follows:
Fire Departmen t Comments:
The Caldwell Fire Department has no concerns regarding this time extension.
2.7.4 Land Use: The subject property is farm ground with an R-1 Low Density Residential zone
classification and a Low Density Residential designation on the Caldwell Comprehensive Plan
Map.
Direction Zone Use Qqlprehensive Plan Map
o
2.7.1 P
North County/City R-1 Ag/Res Residential Estates/Low Density Res
South County Ag/Rural Res Residential Estates
West County/City R-S-2 Ag/Res Residential Estates
East City of Nampa Ag/Res N/A
GENERAL: The subdivision ordinance outlines the process for time extension requests, but it
does not give any reasons for or against granting a time extension request. Generally, the
policy has been that time extension requests are approved if all the following are true: 1) the
preliminary plat as originally approved is still in the best interests of the city; 2) the preliminary
plat as originally approved does not present a safety hazard to the general public; and, 3) thepreliminary plat is still generally consistent with current city code and the comprehensive
Plan.
2.8
,>1
Staff feels that this request is in the best interests of the City and recommends
approval of the request.
III TESTIMONY BEFORE THE CITY COUNCIL, AUGUST 3, 2OO9
3l
The Mayor outlined the quasi-judicial process and asked the city clerk to swear in those who
would be giving public testimony.
Councilman Hopper stated that he would abstain from the public hearing due to a conflict of
interest in the subject property.
Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented the
facts as stated within the staff report. She reported that construction drawings of Phase I of
Peregrine Estates were submitted to the Engineering Department in 2007 and approved inJune 2008. Following that approval, Lakeview Elementary School proceeded with their
construction, which was previously part of Phase I of Peregrine Estates. Therefore, since the
school construction was completed separate from Phase l, the construction drawings
previously approved have been nullified. New construction drawings for Phase I must be
submitted and approved without inclusion of the school site.
11
Case No. SUB-156(E)-06 (Peregrine Estates Subd time ext)
ORDER OF DECISION
Page 3 of6
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She noted that complaints have been received concerning weeds at the site. Contact has
been made with the farmer and owner concerning this violation of City Code. lt was indicated
by the bank, who is the current owner, that the farmer would be removing the weeds within the
week
[\ils. Skinner continued by emphasizing that the parcel was previously zoned R-1 (low density
residential) and the approval or denial of the extension does not affect the zoning
classification.
ln response to questions from Councilman Blacker, Ms. Skinner noted that the water line
extended down Lake Avenue by the school district. She also reported that this development
was denied by Council and went into a mediation process. Extensive work was done between
the developer at the time and the neighboring property owners.
Clint Boyle, 332 North Broadmore Way, Nampa acknowledged being sworn in and spoke in
favor of the request. He confirmed that the weed control issue will be resolved within the
week. The property is in a transitional phase concerning the parcel ownership and is currently
being managed by the bank.
ln response to questions from Councilman Blacker, he stated that Landmark Engineering has
been contracted by a different financial group rather than the original developer that initially
filed the application.
ln response to questions from the Mayor, Ms. Skinner noted that the Planning & Zoning
Commission denied the request based on lot sizes.
Gregory Davies, 15381 Lake Avenue, acknowledged being sworn in and stated his concern
regarding lack of weed control at the site.
Nancy Henry, 15049 Agape Way, acknowledged being sworn in and spoke in opposition to
the request. She stated her concerns regarding weed control and lot sizes. She presented
past history facts concerning her testimony at previous public hearings and the mediation
process with the previous developer regarding various issues. She recommended denial of
the request.
ln response to questions from Ms. Henry, the l\ilayor stated that he is not aware if the owner
has paid the tax assessment for the property,
Dean House, 15086 Lake Avenue, acknowledged being sworn in and spoke in opposition to
the request noting the weed control violation, traffic concerns, and reduction of property values
within the surrounding area.
Karen House, 15086 Lake Avenue, acknowledged being sworn in spoke in opposition to the
request noting the weed control violations on the sile property within the last few years.
ln rebuttal, Cliff Boyles stated that he understood the neighbors' concerns regarding weed
control. The weed issue will be resolved this week.
MOVED by Blacker, SECONDED by Dakan to close the public testimony portion of the
hearing.
Those voting yes: unanimous. Those abstained: Hopper.
MOTION CARRIED
The Mayor presented the Evidence List. staff report, preliminary plat, and sign-up sheets.
IV1OVED by Blacker, SECONDED by Callsen to accept the Evidence List as presented.
Those voting yes: unanimous. Those abstained: Hopper.
MOTION CARRIED
MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff
report, the public testimony that was given in this matter, and the evidence list that was
provided and would note that there has been a great deal of disagreement and difficulty with
the residents concerning the subject property in the past (not necessarily with the new
owners).
Roll call vote. Those voting yes: Blacker, Oates, Callsen, Dakan, and Sobba. Those voting
no: none. Absent and/or not voting: Hopper.
MOTION CARRIED
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Case No. SUB-156(E)-06 (Peregrine Estates Subd time ext)
ORDER OF DECISION
3.9
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Page 4 of 6
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MOVED by Oates, SECONDED by Blacker that the Caldwell City Council has the authority to
hear this case and to make the decision to approve or deny; and the public hearing was
noticed and heard within the guidelines of applicable state codes and local ordinances.
Roll call vote. Those voting yes: Oates, Callsen, Dakan, Sobba, and Blacker. Those voting
no: none. Absent and/or not voting: Hopper.
MOTION CARRIED
MOVED by Oates, SECONDED by Callsen, based on the Findings of Fact and Conclusions of
Law, the Caldwell City Council hereby orders that Case No. SUB-156(E)-06, a request by L-
202-1 lO Peregrine Estates and Landmark Engineering and Planning for a time extension for
Peregrine Estates Subdivision is approved with the conditions as outlined in the staff report.
Discussion followed concerning the outstanding issues regarding weed violations and the new
ownership of the parcel.
Rolt call vote. Those voting yes: Oates, Callsen, and Dakan. Those voting no: Sobba and
Blacker. Absent and/or not voting: Hopper-
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous. Those abstained: Hopper.
MOTION CARRIED
Councilman Hopper inquired of staff concerning the nullification of Phase I in conjunction with
the time extension. Ms. Skinner explained that the construction drawings would be submitted
to the Engineering Department indicating the school's completion. She noted that the revised
construction drawings do not result in a "re-plat" of the development.
3.26
3.27
3.28
3.29
3.30
3.31
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3.36
IV FINDINGS OF FACT ON TIME EXTENSION
4.1 The Caldwell City Council accepts the general facts outlined in the staff report, public
testimony and the evidence list as approved through a previous motion, noting that there was
a lot of opposing testimony to the request and also noting that a new owner is in the process
of taking possession of the property.
5.1 The Caldwell City Council has the authority to hear this request and order that it be approved
or denied. The public notice requirements were met and the hearing was held and conducted
under the requirements of ldaho Code and City Ordinances.
VI ORDER OF DECISION ON TIME EXTENSION
6.'l Based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby
orders that Case No. SUB-156(E)-06, a request by L-202-1 lD Peregrine Estates and
Landmark Engineering and Planning for a time extension for Peregrine Estates Subdivision is
approved/denied with the following conditions (if approved).
b.2 All final plats for all phases of Peregrine Estates Subdivision shall be recorded no later than
August 3, 2016.
6.3 No further time extensions shall be allowed
Page 5 of6Case No. SUB-156(E)-06 (Peregrine Estates Subd time ext)
ORDER OF DECISION
V CONCLUSIONS OF LAW ON TIME EXTENSION
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CASE NO. SUB-156(E)-06 WAS HEARD BY THE MAYOR AND CITY COUNCIL AT A PUBLIC
HEARING HELD AUGUST 3, 2009.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DECISION WERE
APPROVED BY CITY COUNCIL MEMBERS AND SIGNED BY MAYOR NANCOLAS AT A
REGULARLY SCHEDULED MEETING HELD AUGUST 17,2009.
fumU;-e-ATTEST
City Clerk
Mayor Garret L. Nancolas
.{oFC
Case No. SUB-156(E)-06 (Peregrine Estates Subd time ext)
ORDER OF DECISION
Page 6 of6
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Fax: (208) 455-3003
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April Cabello #
From:
Sent:
To:
Subject:
Anne Marie, Skinner
Tuesday, August 04, 2009 12:46 PM
Oave Marston; Karla Baker; April cabello
Peregrine Estates time extension
FYI -
All phases (6 phases) of Peregrine Estates must be recorded by August 3, 2016. No further lime extensions allowed.
A nne M a.rrb Skirun"e,a'
Senior Planner
Community Developmenl Coordinator
City of Caldwell
Planning and Zoning
621 Cleveland Blvd.
Caldwell, lD 83605
2084554662
208455-3050 fax
1 cc-7
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Planning and Zoning Department June 2, 2009
Caldwell, Idaho
CaseNo. SUB-156E-06 request by L-202-l lD Peregrine Estates for a one year
extension for Peregrine Estates Subdivision.
To whom it may concem,
I would hope as a minimum that who ever wants this extension should be operating under
the same guidelines as Union Land Company. AIso, I think they should pay all liens on
the property and reimburse the Vallivue School District for all costs ofunsupplied
agreements made at the time of the purchase of the land on which the Elementary school
now stands. I think these items include the cost ofconnections to power, watel telephone
and sewer.
I think the City of Caldwell should make every effort to see that stop lights are installed
at the intersections ofLake and Indiana where they cross highway 55. I know school is
out now, but someone down there should be aware ofthe extreme hazards that exist at all
intersections of highway 55 between the stoplights at Middleton Avenue in Nampa and
1Oth Avenue in Caldwell. Some of these are in or near the City limits of Caldwetl. The
school buses making a left tum offhighway 55 onto Lake Avenue south are at times three
in a row where the "left tum lane" will not hold one complete bus. A bus in that lane with
two semi-trucks passing on each side will not fit on the pavement.
Yes, I know these are not your problems alone, but don't you talk to the other
govemment agencies involved?
t
Will you be taking a look at the economic viability of the land company requesting this
one year extension? Union Land Company was not economically viable at the time olthe
original annexation and subdivision approval.
Thank vou"H** a"*l"t--
' Glen E- Renedict
12824 Orchard Ave
Lot 34 on your map
Nampa" Idaho 83651
Phone 465-7422
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April Cabello
From:
Sent:
To:
Subject:
Anne Marie. Skinner
Tuesday, August 04, 2009 12:46 PM
Dave Marston; Karla Baker; April Cabello
Peregrine Estates time extension
FYI -
All phases (6 phases) of Peregrine Estates must be recorded by August 3, 2016. No further time extensions allowed
AnnzMarteSkirwter
Senior Planner
Community Development Coordinator
City of Caldwell
Planning and Zoning
621 Cleveland Blvd.
Caldwell, lD 83605
208-4s5*4662
208455-3050 fax
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The Tzaturc o/ thc l/allcY
L202-l ID Peregrine Estates LLC
P.O. Box 2506
Eagle, ID 83616
RE: Case No. SUB-156(E)-06 (Peregrine Estates tirne ext')
To Whom It May Concem:
Enclosed for your files please find a copy ofthe above-referenced order of
Decision as approved by the Caldwell City Council and signed on August 17'
2009 by Mayoi Nancolis. Please note that this time extension gives you until
August 3,2bt6 to record all final plats for all phases of Peregrine Estates
Subdivision. No further extensions are allowed.
IfI can be of any assistance or ifyou have any questions, please call me at 455-
4662.
Sincerely,
Ann Marie lruter
Senior Planner
Community Development Coordinator
Enclosure
Cc: Case File
Clint Boyle
Landmark Engineering
332 N. Broadmore Way
Nampa, ID 83687
@p-h**:.
(itu Hoil . 4l I Bloina St. ' P.O. Box I179 " Colcjuell, ldoho 83606 ' (208) 455 3000 " fAX: (2Og) 455-3003 o u,urtu.(itvof cold yt;"i
ID
August 19,2009
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ORDER OF DECISION
BY THE MAYOR AND CITY COUNCIL
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD AUGUST 3, 2OO9
SIGNED AUGUST 17,2009
Subject: Case No. SUB-156(E)-06 (Peregrine Estates time extension)
THE FOLLOWNG LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
. REQUEST FOR TIME EXTENSION OF THE PRELIMINARY PLAT OF PEREGRINE
ESTATES SUBDIVISION
TABLE OF CONTENTS:
COURSE OF PROCEEDINGS
GENERAL FACTS
TESTIMONY
FINDINGS OF FACT ON TIME EXTENSION
CONCLUSIONS OF LAW ON TIME EXTENSION
ORDER OF DECISION ON TIME EXTENSION
I COURSE OF PROCEEDINGS
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1.1
1.2
The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application SUB-I56(E)-06 to be held before the Caldwell Planning and Zoning Commission
on June 9, 2009. Public notice requirements set forth in ldaho Code, Chapter 65, Local
Planning Acl, were met. On May 24,2009 notice was published in the ldaho Press Tribune
and on May 22,2009 notices were mailed to all property owners within 300 feet of the site
as well as political subdivisions serving the site, and on May 28, 2009 notice was posted on
the subject property.
On June 9, 2009 the Planning and Zoning Commission denied the request-
1.3 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application SUB-156(E)-06 to be held before the Caldwell City Council on August 3, 2009
Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were
met. On July 1 9, 2009 notice was published in the ldaho Press Tribune and on July 17,
2009 notices were mailed to all property owners within 300 feet of the site as well as political
subdivisions serving the site, and on July 23, 2009 notice was posted on the subject
property.
1.4 On August 3, 2009 the Caldwell City Council approved the request
'1.5 Files and exhibits relative to this application are available for review in the Planning and
Zoning Department, 621 Cleveland, Caldwell, and at applicable public hearings.
Case No. SUB-156(E)-06 (Peregrine Estates Subd time ex| Page I of6
ORDER OF DECISION
o o
II GENERAL FACTS
2.1 OWNER/AP PLICANT:L202-1 ID Peregrine Estates LLC, P.O, Box 2506, Eagle, lD
83616
ENGINEER: Landmark Engineering and Planning, 332 N. Broadmore Way, Nampa, lD 83687
2.2 REQUEST: The owner/a pplicant is seeking a one-year time extension on an approved
preliminary plat for Peregrine Estates Subdivision
2.3 BACKGROUND: The preliminary plat for Peregrine Estates Subdivision was approved by City
Council and the Order of Decision was signed on May 21, 2007.
Total acreage: 161.15 acres
Total buildable lots: 449 single-family lots in an R-l Low Density Residential zone
Density: 2.78 dwelling unitsy'gross acre
Average Lot size: 8,760 square feet
Total Phases: 6 phases
Construction drawings for Phase 1 of Peregrine Estates Subdivision were submitted to the
Engineering Department in 2007 and approved June 2008. Following approval, however,
Lakeview Elementary, due to its construction site area, nullified and voided the approved
construction drawings for Phase 1 of Peregrine Estates Subdivision. Therefore, construction
drawings for Phase 1 of Peregrine EStateS need to be re-submitted, less the school site, and
reviewed and approved again.
Approval of the preliminary plat is valid for a period of twenty-four (24) months from the date of
signature on the Order of Decision for the preliminary plat by the City Council. Failure to
obtain the final plat approval and to record the final plat in accordance with that time frame
shall cause the preliminary plat to become null and void, unless a one-year exlension of time
is applied for by the subdivider prior to the expiration date and is granted by the Planning and
Zoning Commission/Hearing Examiner following the public hearing process.
It shall be understood that the granting of a one-year time extension of the development
schedule itself constitutes a one-year time extension for each phase. No further extensions
shall be permitted, unless otherwise granted by City Council following the public hearing
process,
2.4 LOC TION : The subject property is located on the east side of Lake Avenue approximately /,
mile south of Karcher Road
2.5 LEGAL DE CRIPTto N: Alegal description was submitted with the underlying application and
was incorporated into the original preliminary plat file for reference purposes
2.6 COMPREHENSIVE PLAN DES IGNATION: The Comprehensive Plan Map designation for this
site is Low Density Residential2.7 COMPREHE NSIVE PLAN COMPONENTS APP
Case No. SUB-156(E)-06 (Peregrine Estates Subd time ext)
ORDER OF DECISION
LICABLE TO THE REQUEST
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2.7.1 Prooertv Riohts: The five checklist criteria set forth by the Attorney General in the "ldaho
Regulatory Takings Act Guidelines" were reviewed by the planning staff.
2.7.2 School Facilities and Trans oortation. The school was notified of the request.
2.7.3 Public Utilities and Services:The Engineering Department, Fire Department, Building
Department, Police Department, Vallivue School District, and Pioneer lrrigation District were
sent a request for comment. Replies are as follows:
Fire Department Comments:
The Caldwell Fire Department has no concerns regarding this time extension.
2.7.4 Land Use: The subject property is farm ground with an R-1 Low Density Residential zone
ctassification and a Low Density Residential designation on the Caldwell Comprehensive Plan
Map.
2.8
Oirection Zone Use Gomprehensive Plan Map
North County/City R-1 Ag/Res Residential Estates/Low Density Res
South County Ag/Rural Res Residential Estates
West County/City R-S-2 AgiRes Residential Estates
East City of Nampa Ag/Res N/A
GENERAL: The subdivision ordinance outlines the process for time extension requests, but it
does not give any reasons for or against granting a time extension request. Generally, the
policy has been that time extension requests are approved if all the following are true: 1) the
preliminary plat as originally approved is still in the best interests of the City; 2) the preliminary
plat as originally approved does not present a safety hazard to the general public; and, 3) the
preliminary plat is still generally consistent with current City Code and the Comprehensive
Plan.
Staff feels that this request is in the best interests of the City and recommends
approval of the request.
III TESTIMONY BEFORE THE CITY COUNCIL, AUGUST 3, 2OO9
J. I The Mayor outlined the quasi-judicial process and asked the City Clerk to swear in those who
would be giving public testimony.
Councilman Hopper stated thal he would abstain from the public hearing due to a conflict of
interest in the subject property.
Anne Marie Skinner,621 Cleveland Blvd., acknowledged being sworn in and presented the
facts as stated within the staff report. She reported that construction drawings of Phase I of
Peregrine Estates were submitted to the Engineering Department in 2007 and approved in
June 2008. Following that approval, Lakeview Elementary School proceeded with their
construction, which was previously part of Phase I of Peregrine Estates. Therefore, since the
school construction was completed separate from Phase I, the construction drawings
previously approved have been nullified. New construction drawings for Phase I must be
submitted and approved without inclusion of the school site.
3.2
3.3
Case No, SUB-156(E)-06 (Peregrine Estates Subd time ext)
ORDER OF DECISION
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She noted that complaints have been received concerning weeds at the site. Contact has
been made with the farmer and owner concerning this violation of City Code. lt was indicated
by the bank, who is the current owner, that the farmer would be removing the weeds within the
week.
Ms. Skinner continued by emphasizing that the parcel was previously zoned R-1 (low density
residential) and the approval or denial of the extension does not affect the zoning
classification.
ln response to questions from Councilman Blacker, Ms. Skinner noted that the water line
extended down Lake Avenue by the school district. She also reported that this development
was denied by Council and went into a mediation process. Extensive work was done between
the developer at the time and the neighboring property owners.
Clint Boyle, 332 North Broadmore Way, Nampa acknowledged being sworn in and spoke in
favor of the request. He confirmed that the weed control issue will be resolved within the
week. The property is in a transitional phase concerning the parcel ownership and is currently
being managed by the bank.
ln response to questions from Councilman Blacker, he stated that Landmark Engineering has
been contracted by a different financial group rather than the original developer that initially
filed the application-
ln response to questions from the Mayor, Ms. Skinner noted that the Planning & Zoning
Commission denied the request based on lot sizes.
Gregory Davies, 15381 Lake Avenue, acknowledged being sworn in and stated his concern
regarding lack of weed control at the site.
Nancy Henry, 15049 Agape Way, acknowledged being sworn in and spoke in opposition to
the request. She stated her concerns regarding weed control and lot sizes. She presented
past history facts concerning her testimony at previous public hearings and the mediation
process with the previous developer regarding various issues. She recommended denial of
the request.
ln response to questions from Ms. Henry, the Mayor stated that he is not aware if the owner
has paid the tax assessment for the property.
Dean House, 15086 Lake Avenue, acknowledged being sworn in and spoke in opposition to
the request noting the weed control violation, traffic concerns, and reduction of property values
within the surrounding area.
Karen House, 15086 Lake Avenue, acknowledged being sworn in spoke in opposition to the
request noting the weed control violations on the site property within the last few years.
ln rebuttal, Cliff Boyles stated that he understood the neighbors' concerns regarding weed
control. The weed issue will be resolved this week.
MOVED by Blacker, SECONDED by Dakan to close the public testimony portion of the
hearing.
Those voting yes: unanimous. Those abstained: Hopper.
MOTION CARRIED
The Mayor presented the Evidence List; staff report, preliminary plat, and sign-up sheets.
MOVED by Blacker, SECONDED by Callsen to accept the Evidence List as presented.
Those voting yes: unanimous. Those abstained: Hopper.
MOTION CARRIED
MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff
report, the public testimony that was given in this matter, and the evidence list that was
provided and would note that there has been a great deal of disagreement and difficulty with
the residents concerning the subject property in the past (not necessarily with the new
owners)-
Roll call vote. Those voting yes: Blacker, Oates, Callsen, Dakan, and Sobba. Those voting
no: none. Absent and/or not voting: Hopper.
MOTION CARRIED
a
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316
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Case No. SUB-156(E)-06 (Peregrine Estates Subd time ext)
ORDER OF DECISION
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MOVED by Oates, SECONDED by Blacker that the Caldwell City Council has the authority to
hear this case and to make the decision to approve or deny; and the public hearing was
noticed and heard within the guidelines of applicable state codes and local ordinances.
Roll call vote, Those voting yes: Oates, Callsen, Dakan, Sobba, and Blacker. Those voting
no: none. Absent and/or not voting: Hopper.
MOTION CARRIED
MOVED by Oates, SECONDED by Callsen, based on the Findings of Fact and Conclusions of
Law, the Caldwell City Council hereby orders that Case No, SUB-156(E)-06, a request by L-
202-1 lD Peregrine Estates and Landmark Engineering and Planning for a time extension for
Peregrine Estates Subdivision is approved with the conditions as outlined in the staff report.
Discussion followed concerning the outstanding issues regarding weed violations and the new
ownership of the parcel.
Roll call vote. Those voting yes: Oates, Cailsen, and Dakan. Those voting no: Sobba and
Blacker. Absent and/or not voting: Hopper.
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous. Those abstained: Hopper.
MOTION CARRIED
Councilman Hopper inquired of staff concerning the nullification of Phase I in conjunction with
the time extension. Ms. Skinner explained that the construction drawings would be submitted
to the Engineering Department indicating the school's completion. She noted that the revised
construction drawings do not result in a "re-plat" of the development.
IV FINDINGS OF FACT ON TIME EXTENSION
4.1 The Caldwell City Council accepts the general facts outlined in the staff report, public
testimony and the evidence list as approved through a previous motion, noting that there was
a lot of opposing testimony to the request and also noting that a new owner is in the process
of taking possession of the property.
V CONCLUSIONS OF LAW ON TIME EXTENSION
The Caldwell City Council has the authority to hear this request and order that it be approved
or denied. The public notice requirements were met and the hearing was held and conducted
under the requirements of ldaho Code and City Ordinances.
VI ORDER OF DECISION ON TIME EXTENSION
6.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby
orders that Case No. SUB-156(E)-06, a request by L-202-1 lD Peregrine Estates and
Landmark Engineering and Planning for a time extension for Peregrine Estates Subdivision is
approved/denied with the following conditions (if approved):
6.2 All final plats for all phases of Peregrine Estates Subdivision shall be recorded no later than
August 3, 2016.
6.3 No further time extensions shall be allowed
Case No. SUB-156(E)-06 (Peregrine Estates Subd time ext)
ORDER OF DECISION
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CASE NO. SUB-I56(E).06 WAS HEARD BY THE MAYOR AND CIry COUNCIL AT A PUBLIC
HEARING HELD AUGUST 3, 2009.
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DECISION WERE
APPROVED BY CITY COUNCIL MEMBERS AND SIGNED BY MAYOR NANCOLAS AT A
REGULARLY SCHEDULED MEETING HELD AUGUST 17, 2009.
City Clerk
Mayor Garret L. Nancolas
oFC
Case No. SUB-156(E)-06 (Peregrine Estates Subd time ext)
ORDER OF DECISION
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fr,mlVt^-e-ATTEST:
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