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APPLICANT
ITEM DATE SUBMITTED BY
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JULI E KLEIN FISCHER
WM. F. GIGRAY, IIr
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TOOD A. ROSSMAN
TERRENCE R. WHITE
-WEIITE, PETEITSON, PRITSS, MOtrlBOW' & GIGBAY, P. A
ATTORNEYS AT LAW
IO4 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (zos) 466-9272
FAx (2OA) 466-44c5
March 17, l99B
Email via Internet @ wl'g@wppmgcom
15216.01
Linda fames, Community Development Director
City of Caldwell
PO Box ll77
Caldwell ID 83606-1177
Re: )oe Stafford Proposed Development
Dear Unda:
I understand the action of the City Council in the above referenced
matter, remanded the matter of the appeal of the Planning and Zoning Commission's
granting of the Special Use Permit back to the Planning and Zoning Commission. I
understand that this matter will be taken up without the presentation of any
additional testimony. Once you have a proposed action for the Commission please
provide a copy as you did with the City Council action. I am anticipating that I will
not need to appear if this matter is handled in such a fashion.
If the developer Mr. Stafford desires a hearing please let me know.
I request a copy of the action taken by the City Council which
remanded the Special Use Permit back to the Planning and Zoning Commission and I
also request a copy of the Order of Decision in the concurrent applications of |oe
Stafford for rezone and annexation approved by the City Council at the meeting of
March l6th. We thank you for your courtesy in fulfilling this request.
Copy: Client
Holland & Hart, LLP
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HECEIVED
FEB 2 t t998
RJK-
Wm. F. Gigray, III
WHITE, PETERSON, PRUSS,
MORROW &GIGRAY, PA.
Attorneys for Applicant
104 Ninth Avenue South
Nampa ID 83653'0247
Telephone (208) 466-927 2
Fax (208) 466-4405
BEFORE THE CITY COLINCIL
OF THE CITY OF CALD\ATELL
In the Matter of the APPlication of
)oe Stafford for Re-zoning,
Annexation and a Special Use Permit
to Develop a Mobile Home Park
]oe Stafford, Applicant
L.E. Hid<man, ProPertY Owner
CASE Nos. ZON'03-97, AI{N'06-
97, AND 5UP.26.97,
FIRST AMENDED NOTICE OF
APPEAL OF DECISION OF
PIANNING AI{D ZONING
COMMISSION
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
vs.
Connie Blayney,
Kenneth E. Brush,
Ruth Buxton
Affected Property Owners
TO THE ABOVE NAMED APPLICANTS, IOE STAFFORD AND L. E. HICIC\4AN
AND THE PARTY'S ATTORNEYS, AND THE CITY CLERK OF THE CITY OF
CALDVVELL.
FIRST AMENDED NOTICE OF APPEAL . I
0 *
t o o
NOTICE IS HEREBY GIVEN THAT:
PART I
The above named interested parties, Connie Blayney, Kenneth E. Brush,
and Ruth Buxton, appeal against the above named appticant(s)/developers, foe Stafford
and L,E. Hiclsman, to the Ciqy Council of the City of Caldwell in the decision of the
Planning and Zoning Commission on the 8s day of |anuary l99B
l. denying interested parties motion to dismiss application for special use
permit; and
2. Order conditionally ganting a special use permit for the construction and
operation of a mobile home park upon the annored real prope4y subiect to certain terms
and conditions.
PART II
l. That these parties have a right to appeal to the City Council of the
City of Caldwell under the Municipal Code of the City of Caldwell 01-05-09, and
pursuant to Idaho Code 967-6521.
PART III
As a preliminary statement of issues on this appeal please note that the
Interested parties assert that
t. The City Council action and decision of denial of applicant's request for
anno<ation and zone designation of 33.83 acres in Case No. 7-on'03'97, andAlllN-06'97
EESTffiI{DED NOTICE OF APPEdJ- -2
oo
I
as a final action have established that two of the conditions of the granting of the special
use permit in Case No. Sup-26-97 have not been met.
2. No special use permit application cnn be processed for a mobile home park
on the subject real property until it is properly anno<ed into the City of Caldwell with
the appropriate zoning designation under which a special use is proper, and that the
proposed application for special use is in conflict with the Comprehensive Plan land use
designation for the subiect area; and further, recognizing that this matter will be heard
by the City Coundl, all findings of fact and conclusions of law of the Planning and
Zoning commission in support of their decision of recommendations for annoration and
zoning designation and granting of special use permit are appealed as being arbiuaqy and
capricious, not supported by the weight of the evidence; and that the Planning and
Zoning Commission has tailed to adopt in writing any decision and order and/or
recommendations in an open meeting in violation of the open meeting law and contrary
to Municipal Code of the City of Caldwell $01-05-19 and in violation of the
requirements of Idaho Code $67-6535 which provides:
67-6535. Ayyruval or denial of any application to be based
upon standards and to be in writing. - (a) The approval or
denial of ont ayplication providedfor in this chaptrr shall be based
upon standards and criuria which shall be set forth in the
comprehmsive plan, mning ordinance or other appropriate ordinana
or regulation of the citlt or count!.
(b) The approval or denial of any ayplication proviibdfor in this
chapter shall be in writing and accompanied by a statement in the
fonn of findings of fact and condusions of law that wplain the
dtrria and standards onsidereil relevant, state thefar8 relieil ilpon,
EESr*NTE}DED NOTICE OTAP"EAL . 3
o
and uplain the justification for the ilecision based on the criteria,
standarils and fam s et forth.
PART TV
The appellant requests the following documents to be included in the City
council's record in addition to those automatically included:
l. All orhibits entered and all statements of witnesses and of interested.
parties admitted as Part of the record before the Planning and Zoning Commission in the
above entitled matter.
2- The record of testimony and orhibits admitted at the public hearing
in Case Nos. ZON-O3-97, and ANN-06-97 heard before the City Council in the above
entitled matter.
DATED *. -L&^rof February , t998.
F
Attorney for
Ruth Burton
Connie Blayney
Kenneth Brush
o
1
,
FIRST AMENDED NOTICE OF APPEAL . 4
o
CERTIFICATE OF IvIAILING
I, the turdersigned, hereby certify that a true and correct copy of the above
and foregoing FIRST AMENDED NOTICE OF APPEAL was served upon:
f. Frederids Mack
Holland and Hart LLP
PO Box 2527
Boise ID 83701
Community Development Services Office
PO Box ll77
Caldwell ID 83606-1177
by'
[_x_] United States mail, postage prepaid
t_l Facsimile transmission to (208) 887-8657
Hand delivery, by handing it to the attorney
t ] Hand delivery, by leaving it with the person in charge
t_] Hand delivery, by leaving it in a conspicuous place
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-In flWyof February , tssl.
m.F
FW NOTICE OF APPEAL - 5 ey\c: ;i.{ot.wpd
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JULI E KLEIN FISCHER
WM, F. GIGRAY. III
JOHN O. HARRINGTON
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISIrOPHER S. NYE
PHI LIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
TERRENCE R. WHITE
W-ITITE, PETEBSON, PRI]SS, MOILRO\tr & GIGBAY, P. A.
ATTORNEYS AT LAW
I04 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAM PA, IDAHO A3653.0?47
TEL (2OA) 466-e27?
FAx (2OA) 466-44c-5
February L9, L99B
Email via Intemet @ w@wppmg.com
ls2t6.0l
Linda )ames, Community Development Director
City of Caldwell
PO Box ll77
Caldwell ID 83606-L177
Re: Stafford Develolpment Matter
Dear Linda:
On behalf of my clients, could you please provide me with a copy of the
written findings and conclusions of the City Council action, when they are entered in
this matter. I wish to know the date the final action of the City Council has taken
place so I can monitor this matter to see if applicant will file for iudicial review. Please
advise on the timetable for public hearing on the appeal of the Special Use Permit
order of the Planning and Zoning Commission.
Thank you for your attention to this request
V.ry t *ly yours,
7Wm. F.
Copy: Clients
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Wm. F. Gigray, III
WHITE, PETERSON, PRUSS,
MORROW &GIGRAY, P.A.
Attorneys for Applicant
I04 Ninth Avenue South
Nampa ID 83653-0247
Telephone: (208) 466-9272
BEFORE THE CITY COUNCIL
OF THE CITY OF CALDWELL
In the Matter of the Application of
Joe Stafford for Re-zoning,
Anno<ation and a Special Use Permit
to Develop a Mobile Home Park
foe Stafford, Applicant
L.E. Hidcman, Property Owner
CASE Nos. ZON-O3-97, ANN-06-
97, AND 5UP.26.97,
NOTICE OF APPEAL OF
DECISION OF PIJ.NNING AND
ZONING COMMISSION
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
vs.
Connie Blayney,
I(enneth E. Brush,
Ruth Btxton
Affected Property Owners
TO THE ABOVE NAMED APPLICANTS, IOE STAFFORD AND L. E. HICI(MAN
AND THE PARTY'S ATTORNEYS, AND THE CITY CLERI( OF THE CITY OF
CALDWELL.
NOTICE OF APPEAL. I
I,'
6;u@qr
o o
NOTICE IS HEREBY GTVEN THAT:
PART I
The above named interested parties, Connie Blalmey, I(enneth E. Brush,
and Ruth Buxton, appeal against the above named applicant(s)/developers, foe Stafford
and L.E. Hickman, to the City Councit of the City of Cddwell in the decision of the
Planning and Zoning Commission on the 8ft day of )anuary 1998
l. denying interested parties motion to dismiss application for special use
permit; and
2. Of recommendation to the City Council to annex certain real property
which is the subject of the application for annexation; and
3. Of recommendation of zoning designation of R-2 of the real property upon
anno(ation; and
4. Order cond.itionally granting a special use permit for the construction and
operation of a mobile home park upon the anne:<ed real property subiect to certain terms
and conditions.
PART II
l. That these parties have a right to appeal to the City Council of the
City of Caldwell under the Municipal Code of the City of Caldwell 0I-05-09, and
pursuant to Idaho Code 567-6521 and upon the grounds that the City council has the
ordinance authority of the City and its action is required for anno<ation and zoning
NOTICE OF APPEAL. 2
(
o
designations.
PART III
As a preliminary statement of issues on this appeal please note that the
Interested parties assert that no special use permit application can be processed for a
mobile home park on the subiect real property until it is properly annaxed into the City
of Caldwell with the appropriate zoning designation from which an application is proper,
that the proposed application and request for zoning designation and mobile home park
special use is in conflict with the Comprehensive Plan land use designation for the
subject area; and further, recognizing that the this matter will be heard by the City
Council, all findings of fact and condusions of law of the Planning and Zoning
commission in support of their decision of recommendations for annocation and zoning
designation and granting of special use permit are appealed as being arbitrary and
capricious, not supported by the weight of the evidence; and that the Planning and
Zoning Commission has failed to adopt in writing any decision and order and/or
reconunendations in an open meeting in violation of the open meeting law and contrary
to Municipal Code of the City of Caldwell $01-05-19 and in violation of the
requirements of Idaho Code $67-6535 which provides:
67-6535. Appruval or dcnial of any application to be based
upon standards and to bc in writing. - (a) The approval or
denkl of any application providcilfor in this chapar shall be based
upon stanilarils and criteria which shall be set forth in the
comprehmsive plan, zoning ordinana or other appropriate ordinancs
or regdation of the city or counfit.
o
hry
NOTICE OF APPEAL . 3
o
@) fhe approval or denial of any application provifudfor in this
chapter shall be in writing and acampanied by a statement in the
.fo* of findings of fax and andusions of law that uplain the
criteria and standards mnsidored relevant, state the faca relied upon,
and explain the justifcation for the decision based on the criteria,
standards and faas set forth.
PART IV
The appellant requests the following documents to be induded in the City
Council's record in addition to those automatically induded:
l. All o<hibits entered and all statements of witnesses and of interested
parties admitted as part of the record before the Planning and 7-oningCommission in the
above entitled matter
o
DATED *.22/oay ofJanuary, rgsl
.F., III
Attomey for A-ffected Parties
Ruth Brurton
Connie Blalmey
I(enneth Brush
{v
F
NOTICE OF APPEAL - 4
o
CERTIFICATE OF MAILING
I, the undersigned, hereby certify that a true and correct coPy of the above
and foregoing NOTICE OF APPEAL was seryed upon
). Frederick Mack
Holland and Hart LLP
PO Box 2527
Boise ID 83701
Community Development Services Offi ce
PO Box ll77
Caldwell ID 83606-1177
by'
[-*-]
o
t_l
t_l
t_l
United States mail, postage prepaid
Facsimile transmission to (208) 887-8657
Hand delivery, by handing it to the attomey
Hand delivery, by leaving it with the person in charge
Hand delivery, by leaving it in a conspicuous place
of fanuary, 1998.
F. Gigray,
this za,h",
1-
NOTICE OF APPEAL. 5 Ey\C :WIy Files\DlayneyB uxon\PZApped' Not
h2
FEB-06-98 FRI 14:34 g FAX N0. 9503252659 P,02
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APPEAL APPLICATION
Ciry of Caldwell Community Developmerrt Departrnent
E. Cteveiand Blvd., Caldwell, ID- 83605
Phone: (208) 455'3021
State in detaii the matter; refererrce the applicable sections of the $atutes and rules, and attach
to rhis form.
Application Fee:sl5az
Legal Notice Fee:S ZS3
Ivlailing Fee:$
I I-INDERSTA}trD:
1. This application is subject to acceptance by the City of Caldwell Cornmunity
Development Dopanment upon the determirration that this application is complete.
See Not ice of Appeal f i t ed ,January 23 , 19gB .
Ail the information,, attachments and exhibits submitted with the application are tnte
to rhe best of my
Si
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OFFICE USE OI{LY
DATE RECETVED. 2.( |._ 1g RECETVED BY
TEB II ES
HEARING DATE:
$I
Date: .n -,
t t'
-..
CITY OF CALDWELL
CALDWELL, IDAHO 83605
CITY HALL
Phone 455-3000
RECEMD BY: CHRIS
TODAY'S DATET @2/L2/99
TII{E . @A: @6:36
P&Z-PERI{ITIAPFEES
CASH PAID
9. @@
CITY OF CALDI{ELL
RECEIPT NUMBER:
PAYOR:
REGISTER OIiEi
@2@CIO@24949
},I{ITE PETERSON
02/ t2/98
WHITE PETERSON PRUSS
TOTAL DUE:
323L. OO o
s23I. OO
CHECK PAID
923L. O@
CHECK NO
20966
TENDERED
€23L. O@
CHANGE;. o@
I THIS RECEIPT FOR YOUR RECORDS