HomeMy WebLinkAboutSTAFF City Council sub-96p Quail RidgeSTAFF - Ciry Council
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City of Caldwell
COMMUNITY DEVELOPMENT DEPARTIVENT
Land Use and Zoning Services
June 16, 2005
A&A Development
Jerry Anderson
4635 North Buckboard Ave
Boise, ID 83713
RE: ORDER OF DECISION -CASE NO. SUB-96P(0-03
Dear Mr. Anderson:
Enclosed for your records is a copy of the above referenced document.
As you are aware, the case was heard and approved by Caldwell City Council members
at a public hearing held May 24,2005. The Order of Decision was approved and signed
by Mayor Nancolas on June 8, 2005.
Sincerely,
Debbie Geyer,
Community Development Specialist
Enclosure
case file
Jl Howard Engineers
Kim Wells
1530 E. Commercial Avenue Suite 109
Meridian, ID 83642
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CIry HALL 621 CLEVELAND BLVO. . PO. BOX 1177 CALDWELL, lD 83605 (208) 455-3021 ', {FAX) (208) 455-3050
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COIVMUNITY DEVELOPMENT DEPARTMENT
Land Use and Zoning Services
City of Caldwello
Caldwelf Hearing Examiner agenda for Public Hearing on Tuesday, May 24,2005 at
7.00 p,m,, in the Community Room of the Caldwell Police Department at 'l 1O South Sth
Avenue, Caldwell, ldaho.
I
I
ilt
IV
Call to Order
Review of Proceedings
Old Business
New Business
A, Case No. SUB-96P(E)-03, a request by A & A Development, lnc., for a
one-year extension of the preliminary plat of Quail Ridge Subdivision
granted by City Council on May 17, 2004. The subdivision consists of 99
residential lots and 7 common lots within 42.08 acres of the site zoned R-
1 (Single-Family Residential). The site abuts Montana Avenue on the
east side, lies generally south of the future Moss Lane and is located
approximately I ,800 feet north of Karcher Road.
Planning lssues
Next Hearing Examiner Public Meeting Date: Tuesday, June 28, 2005
Adjourn
ctTy HALL 621 CLEVELAND BLVD. pO. BOX 1 177 CALDWELL, tD 83605 (208) 455-3021 . (FAX) (208) 4s5-3050
5-1
AGENDA
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QUAIL RIDGE SUBDIVISION EXTENSION
cASE NUMBER SU8-96P(E)-03
BEFORE THE HEARING EXAMINER
CITY OF CALOWELL, IOAHO
May 24,2005
THE FOLLOWING LANO USE ACTIONS ARE A FEATURE OF THIS APPLICATION:
IN THE MATTER OF THE APPLICATION OF A & A DEVELOPMENT FOR APPROVAL OF A ONE-YEAR
TIME EXTENSION FOR THE QUAIL RIDGE PRELIMINARY PLAT CONSISTING OF 99 SINGLE.FAMILY
RESIDENTIAL LOTS ANO 7 COMMON LOTS IN AN R.l ZONE.
TABLE OF CONTENTS:I COURSE OF PROCEEDINGS,II GENERAL FACTS,III TESTIMONY,IV APPLICABLE LEGAL STANDARDS,VI FINOINGS OF FACTVII CONCLUSIONS OF LAWVIII ORDER OF DECISION.
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of public hearing on application
SUB-96P(E)-03 to be held before the Caldwell Hearing Examiner on May 24,2005. Public notice
requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were met. On May 6, 2005
notice was mailed to all property owners within 300 feet of the project site and to all political
subdivisions providing services to the City of Caldwell; on May 9, 2005 notice was published in the
ldaho-Press Tribune; and , on May 12,2005 notice was posted on the site.
1.1
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2.1
2.2
GENERAL FACTS
APPLICANT: A & A Development, 4635 Buckboard Way, Boise, lD 83713
APPLICANT'S REPRESENTATIVE: JJ Howard Consulting Engineers, 1530 E. Commercial Avenue,
Suite 109, Meridian, lD 83642
OWNER: Same as abovet.3
2.4 REQUEST: Approval of a one-year extension of preliminary plat of Quail Ridge Subdivision. This is a
two phase development consisting of 42.08 acres in an R-1 (Single-Family Residential) zone consisting
of 99 single-family residential lots and 7 common lots through the subdivision process. (See A-2 -
Narrative)
According to the Applicant's narrative, the time extension request is based on the following:
The parcel is in the process of changing ownership since the preliminary plat was approved.
Page 1 of 3
Public Headng of Apnl 26, 2005
2.3.1
Staff Report
Files and exhibits relative to this application will be available for review in the Community Development
Department, Caldwell City Hall, as well as all public hearings.
2.5
2.6
2.7.6
. New owners "r. ne?inn to delay construction until "onur"t""n be secured.
LOCATION:
The site abuts Montana Avenue on the east side, lies generally south of the future Moss Lane and is
located approximately 1,800 feet north of Karcher Road. (see plat & A-9 - Pictures of Site)
Land Use: The land is currently zoned R-1 (single family residential).
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential.
2.7 School Faci ties and Transportation The Vallivue School District was notified of the request throughti
mailing of the public hearing notice on May 6, 2005
2.8 Publi Services. U ilities and Facilities ln a memo dated May 10,2005 the Engineering Departmentc
submitted the following comments:
The Engineering Department does not object to a request by A&A Development, for an extension of the
preliminary plat of Quail Ridge Subdivision.
The Engineering Department requests that comment 2.7 .5 # t h on the Order of Decision be modified
to read as follows:
lrrigation system (per government inigation provider requirements)
The Engineering Department requests that comment 2.7 .5 # 1 i on the Order of Decision be added to
read as follows:
Vertical Datum based on NAVD 88 Datum
The Engineering Department requests that comment 2.7 .5 # 6 on the Order of Decision be modified to
read as follows:
2.7.7 |Irisalion: A request for comments was submitted to Pioneer lrrigation on April 2, 2004. No comments
were received.
ilr TESTIMONY
Reserved.3.'l
IV APPLICABLE LEGAL STANDARDS
The development is to include a non-potable water pressure irrigation system. The design of this
pressure irrigation system is to be reviewed and approved by the government irrigation provider prior to
construction plan approval. This requirement presumes that the system will be operated and
maintained by the government irrigation provider.
Fire protection: A request for comments was submitted to Caldwell Fire Department on April 25, 2005
No comments were received.
City of Caldwell Comprehensive Plan, as amended
City of Caldwell Subdivision Ordinance No. 1758, as amended
ldaho Code, Title 67, Chapter 65, Local Planning Act
Page 2 of 3
Public Heaing of April 26, 2005
4.t
4.3
4.4
VI
6.1
VII HEARING EXAMINER'S CONCLUSIONS OF LAW
The Hearing Examiner has the authority to recommend that this preliminary subdivision request be
approved or denied. The public notice requirements were met and the hearing was held within the
guidelines of applicable codes and ordinances.
VIII HEARING EXAMINER'S ORDER OF DECISION
81 Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders
that Case Number SUB-96P(E)-03, a request for a one-year extension of the preliminary plat of Quail
Ridge Subdivision, which consists of 99 single-family residential lots and 7 common lots on 42.08 acres
of land, is approved/denied with the following conditions, if approved:
Pursuant to ldaho Code 50-1316, no lot shall be offered for sale or sold until the final plat has been
approved and recorded.
HEARING EXAMINER'S
'?O''O' OF FACT o
The Hearing Examiner accepts: 1) The facts outlined in the staff report; 2) Public testimony; as well as:
NOTE: (Any pertinent facts brought forward under public testimony should be included as a part of the
Findings.)
7.'l
8.2
83 No building permits shall be accepted for processing until the final plat has been approved and
recorded.
8.4 Building permits shall be issued in compliance with Subdivision Ordinance No. 1758, Section 1 1-02-06,
subsection M.
OE The one-year extension for preliminary plat approval shall remain valid for 12 months following the
signing of the Order of Decision. No other extension shall be granted unless granted by City Council
under the guidelines of Subdivision Ordinance No. 1758, Section 1 1-02-04, Subsection (6)8.
8.7 ln accordance with the requirements of Section 11-02-04, Subsection 7, Subdivision Ordinance No.
1758, the Applicant has the option to file an application for final plat approval of each phase prior to
commencing construction of improvements; or, with approval of the City Engineer, the Applicant may
commence construction of improvements of each phase before requesting final plat approval.
8.8 All requirements placed on the preliminary plat by City Departments and any other agencies having
approval authority shall be met prior to submitting a request for final plat approval, or a financial
guarantee for completion of work shall be submitted in compliance with Section 11-02-04, Subsection
7, Subdivision Ordinance No. 1758.
8.13 On the face of the subdivision final plat a note will be placed that states that the development will
conform to ldaho Code 22-4503, Right to Farm Act.
8.14 As a part of final plat application, the Applicant shall submit written verification from the designated
irrigation district provider that they have no objection to the final plat application.
Report prepared by
Debbie Geyer
Community Development Staff
May 17,2005
Page 3 of 3
Public Heaing of April 26, 2005
oa
e01ml47 02s09480
I Caldwell, City of Comm. Deve
kgal Account
PO Box I177
Caldwell ID 83606
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO
County of Canyon
Corina L. Buck
of Nampa, Canyon County, Idaho, being
first duly swom, deposes and says:
1. That I am a citizen of the United States,
and at all times hereinafter mentioned
was over the age of eighteen years, and
not a party to the above entided action.
2. That I am the Principal Clerk of the
Idaho Press-Tribune, a daily newspaper
published in the City of Nampa, in the
County of Canyon, State of Idaho; that
the said newspaper is in general
circulation in the said County of
Canyon, and in &e vicinity of Nampa
and Caldwell, and has been
unintemrptedly published in said
County during a period of seventy-eight
consecutive weeks prior to the fust
publication of this notice, a copy of' which is hereto attached.
3. That the notice, of which fie annexed is
a printed copy, was published in said
newspaper 1 time(s) in the regular
and entire issue of said paper, and was
printed in the newspaper proper, and not
in a supplement.
4. That said notice was published the
following:
05109t2005
STATE OF IDAHO )
County ofCanyon )
on tr," -fl\auy or fl in the year of l(Jb
before me, a Notary Pu
Corina L. Buck,
personally appeared.
known or identified to me to be the person
whose name is subscribed to the within
instrument, and being by me first duly swom,
declared that the statements therein are true, and
ac owledge to me that he,/she executed the same.
Not
SS
)
)
)
LEGAL NOTICE
NOTICE lS HEHEBY GIVEN that
the Caldwell Hearing Examiner will
conduct a public hearing in the com-
munitv room of the Caldwell Police
Deoahment. 1'lo S. 5th Avenue,
Caidwell, ldaho on Tuesday, MaY
24,2005 at 7:00 p.m. in order to
hear the following:
Case No. lLCfl5)a1 a re-
quest by A & A Oevelopment. lnc.,
lor a one-vear exlension of Ihe pre-
timinary pl't ol{-!atFgrtnted by CitY Council on MaY
17, 2004. The subdivision cusists
of 99 residential lots and 7 common
lots within 42.08 acres ot the site
zoned R-'l (Single-Family Residen-
tial). The site abuts Montana Ave-
nu6 on the east side, lies generally
south of the future Moss Lane and is
located approximalely 1,800 feet
north o, Karcher Road.
Case liles and exhibits relative to
this reouest are on lile at the Cald-
well Cbmmunitv Development De-
oartment locatdd at 621 Cleveland'Btvd. Fites are available lor revie$/
durino the hours of 8:0o a.m.lo 5:00
o.m. -Mondav through Friday For
anv further intormation, please call
455-3021- A person who is visually
and/or hearino imoaired. or needs
an interpreter ;houid contact the City
prior to the meeting.
May 9,2005 02509480
Resi
Public for Idaho
g at Nampan
My commission expires April 19, 2008 5b
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\o oCity of Caldwell
COMMUNITY DEVELOPMENT DEPARTMENT
Land Use and Zoning Services
NOTICE lS HEREBY GIVEN that the Caldwell Hearing Examiner will conduct a public
hearing in the community room of the Caldwell Police Department, 110 S. srh Avenue,
Caldwell, ldaho on Tuesday, May 24,2005 at 7:00 p.m. in order to hear the following:
Case No. SUB-96P(E)-03, a request by A & A Development, lnc., for a one-year
extension of the preliminary plat of Quail Ridge Subdivision granted by City Council on
May 17,2004. The subdivision consists of 99 residential lots and 7 common lots within
42.08 acres of the site zoned R-1 (Single-Family Residential). The site abuts Montana
Avenue on the east side, lies generally south of the future Moss Lane and is located
approximately 1 ,800 feet north of Karcher Road.
Case files and exhibits relative to this request are on file at the Caldwell Community
Development Department and are available for review during the hours of 8:00 a.m. to
5:00 p.m. Monday through Friday. Further information can be obtained by calling 455-
3021 . A person who is visually and/or hearing impaired, or needs an interpreter should
contact City Hall if they have any special needs.
,.12
ctTy HALL 621 CLEVELAND BLVD. pO. BOX 1177 CALDWELL, lD 83605 (208) 455-3021 (FAX) (208) 455-30s0
You are being notified because ldaho Code, 67-6509, Local Planning Act 67-6509,
requires notice of this public hearing to be provided to all political subdivisions providing
services to the site and to all property owners or purchasers of record who own property
within 300 feet of the subject area. Correspondence regarding the proposal is to be
submitted to the Community Development Department no later than five (5)
working days prior to the public hearing and will be made a part of the public
record during the public hearing. Any written testimony received beyond that
date must be brief in order to be read or acted upon. Public testimony will be taken
at the hearing and made a part of the record.
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April 25, 2005
Doug Brown
Ben Weymouth
Mark Zirschky (Pioneer lrrigation)
Cassy Bequeath (Canyon Highway District /#4)
From: Jacqueline Hernandez
Attached please find the below land use application that needs your review. This case has
been scheduled before the Caldwell Hearing Examiner on Tuesday -May 24,2005.
Case No. SUB-96P(E)-03, a request by A&A Development, for an extension of the
preliminary plat approval of Quail Ridge Subdivision on approximately 42.08 acres, which
consists of 99 single-family residential lots in an R-1 (Single.Family Residential) zone and 7
common lots. The site is located on the Montana and Moss Lane. Please see attachments
for further information.
I would have you review the attached application and provide input. I would appreciate your
e-mailed comments as soon as possrb/e but no later than Thursday, May 12, 2005.
The staff report will continue forward even if we do not receive the comments
You may e-mail comments to dqever@ci.caldwell.id, us. Thank you!
5-4
MEMO
Date:
To:
N )r.r.r.,a <t 3 l,:'.iF;-t o oFile No. J4l g -n4
SU BDIVISION APPLICATION
City of Caldwell Community Development Department
621 E. Cleveland Blvd., Caldwell, lD 83605
Phone: (208) 455-3021
Subdivision Name Qu^,t tnrae # of Common lots I
# of bldg/ residential lots:
# of phases:
1q
L
Development schedule must be attached (with anything greater than (1) one phase)
E Preliminary E f inat D short Plat D Extension # of Acres:42.o
Owner Name Phone gn _6174
Address: 4(,45 ?vr-e*el t^)xY city,'btv zip:737t5
Applicant Name A A /,A c Phon e ?u -5q?4
Address:4to<'"Asr res*tzi>t^lA-./City:BOt9{zip:*37/3
Engineer/Surveyor:It f +{-.^Ephnz.ets Phone 74u- Vt31
Engineer/Surveyor Address : l53o E /^-*attt*
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Aur lcity,/Ertnrntt zip:*3[ol)
Zoning (Staff)-F,-l Comprehensive Plan Designation (Staff)
Refer to Land Use Development Report f(r.l!J.J.
"OWARD
COT{SUI.7'I{G EI'G,,VEEAS
Engineering . Sutveying
To assist you in processing this subdivision application, pl Akemi (Kim) Wells, CrN.
Constructi on Ma nrg "r" n I
I
1530 E. Commercial Ave..Suite 109
Meridian, lD 83642
(208) 846-8937 . Fax (208) 846-8822
akemiconstruction @ Yahoo.com
booklet
I understand this application will not be considered compk
scheduled) until all required information has been submitt,
statements, attachments, and exhibits transmitted herewit
knowledge.
The hearing dates are tentative and subject to the number of applications received; therefore,
the Director will determine the n ber of applications to be places on the next avai able
agenda. Each app lication will rocessed in the order received.
SIGNATUR ome l,-lfuu
FOR OFFICE USE ONLY
FEES: $CASH CHECK oaSloqL
Date Received:4I ls/t:s Received by:
Hearing Date S lr.{ I P&Z ) City Council
,4 -t
RECEIPT NO.o
M
Revised 2/03
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J.J. Howard Consultin
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t En rneers
City of Caldwell
Development Department
621 E. Cleveland Blvd.
Caldwell, Idaho 83605
April 18,2005
RE: Quail Ridge Subdivision
This subdivision will be constructed in two phases. Phase one will be the Northern portion of the
subdivision consisting of 57 lots. The remaining 59 lots wilt be constructed at a later date. The phase line
will run between lots 65 and 64 and 63 in block 5, thence it will continue down the centerline of the street
between blocks 4 and 6, thence continuing between lots 34 and 35 in block 10, and ending at Deer Flat
Canal. The portion contained in phase one will be all ofblocks I,2,3, 4, and portions ofblocks 5 and 10.
Phase one is scheduled to commence on or about July l, 2005
Phase two is scheduled to commence on or about July l, 2006
Akemi Wells
Office Manager/ Construction Manager
J.J. Howard Engineers
I
AWiaw
1530 E. Commercial Ave. Suite 109. Meridian, ld 83642
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April 19,2005
City of Caldwell
Planning and Zoning
RE: Preliminary Plat of Quail Ridge SuMivision
To Whom It May Concern-
V/e are aware of and in agrcement to the extension for preliminary plat of Quail Ridge
Subdivision on Monlana Street, Caldwell, ID.
Clarence Frer
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NOTICE lS HEREBY GIVEN that the Caldwell Hearing Examiner will conduct a public
hearing in the community room of the Caldwell Police Department, 1 1O S. 5th Avenue,
Caldwell, ldaho on Tuesday, May 24,2005 at 7:00 p.m. in order to hear the following:
Case No. SUB-96P(E)-03, a request by A & A Development, lnc., for a one-year
extension of the preliminary plat of Quail Ridge Subdivision granted by City Council on
May 17,2004. The subdivision consists of 99 residential lots and 7 common lots within
42.08 acres of the site zoned R-1 (Single-Family Residential). The site abuts Montana
Avenue on the east side, lies generally south of the future Moss Lane and is located
approximately 1,800 feet north of Karcher Road.
Case files and exhibits relative to this request are on file at the Caldwell Community
Development Department located at 621 Cleveland Blvd. Files are available for review
during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. For any further
information, please call 455-3021 . A person who is visually and/or hearing impaired, or
needs an interpreter should contact the City prior to the meeting.
PUBLISH DATE: May 9, 2005
tZ-r-rarld s/slos
l:\Comnlunily Developttent\Gian Paolo Mam\on1\cwenl appl tiles\Hea.itlgpz 05-24-05.doc
5's
euArl RrDGE r,tr*rronlase Name:
lase Number:
Ioday's Date:
STATE OF IDAHO
a
suB-96P(E)-03
MAY 5, 2004
CLARENCE L
A&A DEVELOPMENT
FirstName
CTry OF CALDWELL
RICK VERTREES
ROY ORR
c/o RIPLEY DOORN & CO
GREG OWEN
CASSY BEQUEATH
C/O KEITI-I GEORGESON
C/O TONI CIBSON
ATTN: JOHN WESTRA
Add ressl
621 CLEVELAND BLVD
7777 FAIRWEW AVE
CitY
CALDWELL, ID 83605
BOISE, ID 83704
BOISE, ID 83720-0050
MERIDIAN, ID 83642
CALDWELL, ID 83605
BOISE, ID 83713
MERIDIAN, ID 83603
CALDWELL, ID 83607
CALDWELL, iD 83607
CALDWELL, lD 83607'
NAMPA, ID 83651
CALDWELL, iD 83605
CALDWELL, ID 83607
NAMPA, ID 83652-9055__
CALDWELL, ID 83605
CALDWELL, ID 83605
NAMPA, ID 83686
CALDWELL, ID 83607
CALDWELL, ID 83605
NOTUS, ID 83656
CALDWELL, ID 83605
CALDWELL, ID 83605
CALDWELL, ID 83605
NAMPA, ID 83652
CALDWELL, ID 83605
BOISE, ID 83707
NAMPA, ID 83651
BOISE, ID 83705
CALDWELL, ID 83606
PO BOX 83720
1977 E OVERLAND RD
2220 INDIANA AVE
4635 BUCKBOARD WAY
1530 E COMIVIERCIAL AVE STE
109
16566 MONTANA AVE
16488 MONTANA AVE
16458 MONTANA AVE
216 BLAINE AVE
2320 SUNSET AVE
16500 MONTANA AVE
PO BOX 9055
1101 CLEVELAND BLVD
HARRY
JOHN L
DANIEL H
HAROLD L
ROBERT W
VASILE
WAYNE L
CALDWELL SCHOOL DIST
#132
CALDWELL
T&ANSPORTATION
BROWN BUS COMPANY
VALUVUE SCHOOL DIST
#139
PIONEER IRRIGATION
DIST
RlVERSlDE
CANYON HILL
IRRIGATION
BLACK CANYON IRRIG
DIST
GOLDEN GATE
IRRiGATION
CANYON COUNTY
CALDWELL LATERAL
IRRIG
CANYON CO AMBULANCE
CANYON HWY DISTRICT
#4
IDAHO POWER
INTERIVIOUNTAIN GAS
DEPT OF WATER
RESOURCES
GARY SHOEMAKER
BRAD CARPENTER
VAUGHN HEINRICH
2111 E SHERIVIAN AVE
5207 S MONTANA AVE
3503 S 1OTH AVE
PO BOX 426
PO BOX 226
824 DEARBORN ST
PO BOX 1177
PO Box 1080
PO BOX 448
DEVELOPMENT SERVICES
CHERYL SHROLL
1115 ALBANY ST
1615 E CHICAGO ST
PO BOX 9160
15435 HWY 44
PO BOX 70
2921 CALDWELL BLVD
2735 AIRPORT WAY
CALDWELL WATER
OEPARTMENT
5'z
LastName
ATTN EUAY WAITE
cH-s ID coNF oF 7n DAY
ADV
DEPT OF LANDS
DWER DEVELOPMENT LLC
FRERICHS
JERRY ANDERSON
JJ HOWARD ENGINEERS
MATSUI
PAINE
TAULBEE
VERTREES
VERTREES
VULCAN
WILUAMS
RICHARD MILLER
MARK ZIRSCHKY
IRRIGATION DISTRICT
ATT: GARY TUTTLE
PARMA, ID 83660
NAMPA, ID 83653
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PUBLIC HEARING NOTIFICATION CHECKLIST
P&Z
Case Number sub'?bP(E)-03 Case Name
ity Council
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Hearing Date 5'z4-o€
Publish Date 5'Q' a{(E-mailed to press on 5-,3 -og I
Mailing Date 5'b'o{Docket Mailed-
Post Site on 5' t2-o{Memo to Public Agency 4-zE-o{
The following, if checked, are to be noticed no later than the above mailing date:
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Applicant
Representative
Property within 300 feet of project site
Caldwell School District
Caldwell Water Department
Pioneer Inigation District
Canyon Hill Inigation District
Black Canyon Inigation District
Golden Gate Irrigation District
Riverside inigation District
Caldwell Lateral Irrigation District
Gnyon County Development Services
Gnyon County Ambulance District
Canyon Highway District #4
Vallivue School District
Boise PQect Board of Control
Southwest District Health
Idaho Tra nsportation Department
Idaho Power
Intermountain Gas
If site is in vicinity of water body:
( ) Bureau of Reclamation
( ) Idaho Fish & Game
( ) Corps. Of Engineers
( ) Department of Water Resources
If site is in vicinity of Boise River:
( ) Bureau of Land Management
If site is a gravel pitr
( ) Department of Lands
( ) Other
I
l4Total on resident list3
Total on political list:
MAILING GRAND TOTAL:
I verify that legal notification was published on the date noted below and that the mailings to
those persons/agencies, as drecked, was done on the mailing date stated.
Verified
Date Signed:5'b'o{
I verify that I posted the site on the date noted above.
-1
verified bv-Date
5-l
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