HomeMy WebLinkAboutPublic Agency ANN-132-06 Peregring Estates)D
PUBLIC AGENCY
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HAMILTON, MICIIAELSON & IilLTY, LLP
ATTORNEYS AT LAUI
l3o3 - l2d AVENUE RoAD
P,O. BOX 6s
NAMPA, IDAHO 83653.0065
5
CARL D, HAMILTON
TERRY MICHAETSOIi
MARK HILTY
FECE,YEO
NARrlwl
MS8&ICTD.
IELEPHONE
(708) 467 4419
FACSIMILE
(20s) 46?-30s8
E-MAIL
Civilhw@nampalaw.crm
RON SHEPHERD
BRYAN K, WALKER
TEzu A, KAPTEIN
DAI.{IELLE S. I.ARIMER
AARON L SEABLE
EUZABETH L.S, BOWEN
trlEuSSA MOODY
As I mentioned in my previous correspondence, this matter was scheduled for hearing before the City
Council on March 19, 2007. However, due to a scheduling difliculty with the City Council, I anticipate
that this matter will be continued until April 2,2007 at 7:00 p.m. in the Community Room of the
Caldwell Police Department at I 10 S. 5th, Caldwell, Idaho.
March 13, 2007
Susan Buxton
Moore, Smith, Buxton & Turcke
950 W. Bannock Sfreet, Ste. 520
Boise, Idaho 83702
Re: Peregrine Subdivision Mediation
Dear Susan:
If any ofyou have any questions, please do not hesitate to contact me
Very truly yours,
HAMILTON, MICHAELSON & HILTY, LLP
DICTATED BY ITTORNEYAND MAILED IITIHOUT
SIGNATURE IN ORDERTO AYOID DEUY
MARKHILTY
MII/md
The public hearing will be open on March 19, 2007 nd continued to the subsequent April 2, 2007 date
without the opporhnity for any public comment or input. Obviously, testimony and evidence will be
received by the City Council prior to any decision they make on April 2, 2007.
()
HAMILTON, MICHAELSON & MLTY, LLP
ATTORNEYS AT LAW
I303 _ I2Ih AVENUE ROAD
P.O. BOX 65
NAMPA, IDAHO 83653-0065
CARL I] HAMII-TON
I'ERRY MICI{AELSO\
MARK HII-TY
TI.]LEPIIONI:
\208) 4674419
IACSIMILE
(208)167-1058RON SHEPHERI)
BRYAN K. WALKER
TERI , K{PTEIN
DANIELLI] S, LARIMER
AARON L, SEABLE
ELIZABEI'II L,S, BOWEN
MELISSA MOODY
February 23,2007
Brian Billingsly
Ann Marie Skinner
City of Caldwell
P.O. Box I177
Cald*,ell, Idaho 83605
Re: Peregrine Subdivision Mediation
Dear Brian and Ann Marie:
I am writirT g to follow up on my previous colrespondence dated January 30, 2007 . I am happy to report
that after two mediation sessions, a resolution has been reached on the disputes and differences that arose
in connection with the proposed Peregrine Estates Subdivision. All parties were rvell represented
throughout the process and approached the issues in a reasonable and professional manner. I would Iike
to extend my personal thanks to Nancy Henry who helped to organize those originally appeared in
opposition to the proposed development and represented their interests very well at the mediation'
Pursuant to Idaho Code $67-6510 the resolution reached u,ill be noticed lor public hearing and placed on
the City Council agenda for consideration on March 19, 2007. The substance of the agreement is as
lollows:
1. The developers of Peregrine Estates presented a revised plat at the mediation session on
February 22,2007. The redrarvn plat shows 15,000 square foot perimeter lots, a 30 foot landscaping
buffer on Lake and Orchard fiontages, reduced overall density to less than 450 lots, and
additionaVexpanded open space areas. In substance, this is the plat that will be presented as a substantial
portion ofthe mediated resolution ofthe case.
2. Lots on the westerly half of the two blocks immediately u'est of the school site will be
redrawn and increased in size to a minimum of 7.500 feet.
No- ry
E,M IL
Civill-a\r@nampalaw.com
oIFebruary 23, 2007
Page 2
3. The developer of Peregrine Estates will work with the der,eloper of Lakebrook, the
subdivisron adjoining to the east, so that a reasonably consistent landscaping scheme will be included on
the primary east-west thoroughfare bisecting both developments.
4. In order to protect the quality of Peregrine Estates as it develops, the parties a$eed to
certain conditions that will be set forth in both the covenants, conditions and restrictions (CCR's) made
applicable to the development and the development agreement entered into with the City at the time ol
annexation. The agreed terms to be included in the development agreement are as follows:
a. Home Size on Lots Less thar 10,000 square feet: 1,600 square feet for single level,
2,000 square feet for two-story homes (1,200 square feet minimum on the mail floor, 800
square feet minimum on the second story).
b. Lots of 10,000 square feet or greater: 2,000 square foot minimum on the main floor.
c. CCR's shall include reasonable requirements for landscaping front yards and the
installation of front yard light poles.
d. All homes shall be roofed rvith architectural shingles.
f. Vinyl siding on homes will not be permitted.
g. All fences throughout the subdivision shall be vinyl or wrought iron.
h. The front of all homes shall be composed of at least 20% brick, rock or stucco
i. Minimum roof pitch is 6/12.
There shall be no more than two (2) satellite dishes plus an antenna on the exterior ofany
home.
Again, I would like to thank all the individuals involved in the rnediation for their hard rvork and
dedication to resolving differences of opinion with respect to this development. If any of you have any
comments conceming any ofthe foregoing, please leel free to contact nre.
Very truly yours,
HAMILTON, MICHAELSON & HILTY, LLP
M
l
MH/m
HILT
e. Recreational vehicles, trailers, boats, etc. shall not be parked (except for temporary
periods of 24 hours or less) on the street or in the driveway. Parking of such vehicles is
only allowed behind the front house line and behind a privacy fence.
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AUr:- 16-66 62: lA Pn VV BROl,tN BUS CO 24"/
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an cxistinS school building should have
Under Idaho code any sfi.tdonl living
bus ransporation. These student need
455 253 4 P - qt
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Carpcnter
2l I I E. Shorman AY!, N a, ID 83686
Atq: Brian Billingsley
Fax: 455.3050
to: bity Of CaHwcll Comrnunity Development Department
Froh: Brown Brs Company
Da4: 08-16.05
Subject: Case Number ANN.132.06/SLB-156P-06
&
to qrw I Ssfe $,8lking path to get ro and fiom schoot.
IIf 1'!u noed frrthcr infqrmation or clarification pleasc ftcl fre€ to contact me455'2532 or
e-olil rt brndc@broninburco,mmnv.comlisiaLrcly, i
0tl ln
6-(?06) 4 6l ar(; 4 : contrct@brownbu8comPany.com
PA-3
Bus Company requesting on behalf of Vallivue School Dstrict that &ll new
be with dedicated areas within the subdivision for multiple bts
locatioos.
should be
Thcsc arcas
milo within
for 20-25 to congreE8te.
Bu Company
Cr-F
081?5./2006 16:38 FAX 208 459 {4S1 PIONEER IRRIGATION
)
r{"DwELL P z
Pioneer Irrigation District
Aoos/o08
":i:g_.
JEFF SCOTT
SuDerintendent
P.o. BOX 426 . CALDWELL, IDAHo 83606
(208) 459-3617
MARK ZIRSCHKY
Asst. Supedntendenl
August 24, 2006
City of Caldwell Community Development DePartment
Fax: 455-3050
Attn: Brian Billingsley
Re: Case No. ANN-132-06 / SUB-156P-06 (Peregrine Estates) Annexation and Prelim. plat
TO WHOI\4 IT MAY CONCERN:
please be advised there is a delivery point in place for the property being proposed for development.
pioneer lnigation Dishict's main concem is that all water rights within the District be honored, and that
access to 'fogation water be provided to every parcet of land. Delivery point for said property is
gate 73, 75 and 76 - PhYllis Canal.
All existing easements, right-of-ways, and other means used to honor the water rights to
downstream waterusers must be maintained and allowed to continue to exist, lt is imperative that no
one disrupt the delivery of water to a downstream water user.
Any lateral, canal, drain or other meens used to deliver water, along which there is a right'of'way or
eaiemenl, must have the same kept clear of atl obsttuctions at all times. No fences, structures, or
other materials are allowed on any of the District's easements or right-of-ways AND they must be
recorded on the flnal plat. The Phyllis Canal has a 20 foot prescriptive use easement from top of
bank, both sides.
Any discharge or run-off into a federal drain must meet the approval of Mr. John. Cayvvood of the
BrLieau of Rlclamation. Pioneer lnigation District does not assume any responsibility for such an
approvat. His telephone number is gd3-2219. Note: Upper Embankment Drain - 110 foot federal
right of way, 55 fuet from cenlcr of drain on each side.
ptease be advised that in order to satisfy the City of Caldwell and Canyon County requirements and
lF it is the intent of the developer to put iir a pressurized inigation system and have Pioneer take over
said system once the development is completed, the following steps are necessary:
l++
NAIDA KELLEHER
Secretary-Treasu rer
, O8'.'25/2006 16:38 FA-f, 2OE{59{49r PIONEER IRRIGATIO:i rELL P Z A oo6/oo8
)
,ry
L Said system must be put in according to the cuffent Standards and Specifications of
Pioneer lnigation District.
2. A Construction, operation and Maintenance Agreement must be written up and recorded
at the expense of the Developer and/or owner. All agreements must be reviewed by and
,pp.red by the District's Attorney, scott campbell, of Moffatt Thomas.in Boise- The
least expeniive way to have an agreement drawn up which meets the needs of the District
is by having Mr. Campbell himsetf draw it up. Otherwise there will be two attomey fees for
said deve6per and/or owner to pay. Mr. Campbell may be contacted at 345-2000. A
deposit of StOOO.OO must be paid to Moffatt Thomas to cover the attomey feas before the
workcanbegin.Anyunexpendedportionofthedepositwillberefu.nded.Pioneer
lnigation Distiict will iecommend disappmval of final plat apprcval until the necessary
agreement has been executed and recorded '
3. The engineering fees will be the responsibility of the developer and/or owner. and a
deposit -must be paid in advance to Pioneer lnigation District
-
before the District \ /ill
auihorize Mason & Stanfield, lnc. to review engineering plans. Plans must be received
by pionsor trrigation District by Decembellsth 2006. All constru_ction which may
impact districthcilities must be compteted prior to the March 15'" 201t7 deadline.
The construction time-frame which Pioneer allows is November 1"' of the current
year to Mareh .lEh of the following year. Estimated costs for the District's engineering
i"es are $500 plus $S,00 per lot. f tfrat amount fails to cover the costs involved due to the
necessity to revise pfat r"p", etc., additional costs will be billed out and paid prior to the
District's signing off on the final plat-
4. lf n is the developers plan to have Pioneer lrrigation District take over a presstirized
irrigation systemfor tie subdivision, it will be necessary that the plrnp site be designed at
the District's curT€nt point of delivery. service to the subdivision from the pump site must
have its own private delivery. line from the delivery point to the subdivision.
5. The developer must contact the office of Mason & Slanfield, lnc. to make arrangements
for on-site inspections to be made at various points of construction. An engineer from
Mason & Stanfield, lnc. must be involved in the inspeclions as they are the engineers for
pioneer lnigation tjistria and are familiar with the requirements of Pioneer'
6. Mason & Stanfield, lnc must walk through the site and develop a punch list to be
completed prior to recommending that Pion-eer lnigation District take over the pressurized
irrigation sYstem.
lf it is NOT the intent of the developer to request Pioneer lrigation District to take over a pressurized
irrigatiofi system within therr compieteO development, then the above six steps do not apply to their
planned develoPment.
Any proposed development which will have downstream waterusers using gravity flow inigation must
Oevlt'op iheir irrigation system in a manner which will insure the downstream waterusers the ability to
acquire at least -as much inigation water for gravity flow irrigation as what they received prior to any
. 08/25/2006 16:38 FAX 208,1594491 PIONEER IRRIGATION WELL P Z @ooizoost'ry
development or mnstruction taking place. The gravity flow inigation system must be totally separate
from the proposed pressurized inigation system within a subdivision.
Please be advised, the developer shall submit detailed drawings of any proposed relocations of
Pioneer lrrigation District's facilities, prior to preliminary plat approval. Any said relocations are
subject to approval from the Superintendent and/or the Board of Directors of Pioneer lnigation District
Any construction that impacts Waters of the United States may reguire obtaining a 404 permit from
theCorpof Engineers. Greg Martinez of the Corp of Engineers can be contacted a|345-2154.
Prior to finalization of any Agreements with Pioneer lnigation District, Pioneer lrrigation District must
receive a copy of a 404 permfi that has been propedy executed. lf it is determined by the Corp of
Engineers that a 404 permit is not required, Pioneer lrrigation District must be notified in writing by the
Corp of Engineers that said 404 permit is nol required.
NOTE: This letter does not authorize any construction to commence until all the neeessary
agreements with Pioneer lnigation District have been executed and recorded,
lf you have any questions, please feel free to call
Sincerely,
ky
Assislant Superintendent
cc: Gordon Law - City of Caldwell Engineering via fax 455-3012
Tiffiny Hudak - Moffatt, Thomas via fax 385-5350
Ir,4ark F.
,
( \\?III(;H\[AY DISTRICT NO. 4
I5435 IIIGHWAY 44
(.ALDWELL. IDAHO 83607
Canyonl I4(it AOL.COM
I BLEPT tONE l0t{i454-8135
FAX 2081 4s4-2008
August 23, 2006
Brian Billingsley, AICP
Community Development Dept
City of Caldwell
P.O. Box I 177
Caldwell. lD 83605
RE: Peregrine Estates Subdivision - Case No. ANN-I 32-06 & SUB- l56P-06
Canyon Highway District No. 4 has reviewed the above referenced subdivision and annexation request
and provides the following comments:
l. Tralfic Impacts. The District is concemed about the impacts ofthe proposed development on
the surrounding road network. In panicular, the District is concemed about the impacts on the
roadways and intersections ofOrchard Avenue, [,ake Avenue and Karcher Road (Hwy 55). A
trafTic impact study should be required for the project to assess the impacts ofdevelopment on the
surround roads and streets and recommend mitigation measures. The development agreement
should include a provision that the developer contribute a proportionate share, based on the
volume of traffic conributed by the development, ofthe cost of any traffic mitigation (i.e. traffic
signals and intersection improvements) at locations impact by this development that are currently
being developed or will be completed later. If warranted, the development should implement the
necessary traffic mitigation measures along with the development.
2. Frontage Improvements. A 40' right-of-way dedication along Lake Avenue and Orchard
Avenue should be required. The frontages should be improved to meeting the City of Caldwell's
Minor Arterial street standard, except that surfacing depths shall meet the Highway District
Standards.
Thank you for the opportunity to comment on this request. Pleasecallmeorat454-El35ifyouhave
questions.
Sincerely.
(il^r rl)
Timothy Ri
Engineer
P.E.
Cc: Brent Orton, City of Caldu'ell
DISTRICT
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