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PUBLIC AGENCY
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Anne Marie. Skinner
From: Anne Marie. Skinner
Sent: Wednesday, December 19,2007 6:17 PM
To: 'johngevans3l@msn.com'
Subject: staff report and dev agmt for Bennett Forest rezone
John,
l've attached the staff report, development agreement and agenda for the Bennett Forest rezone hearing on
Wednesday, December 26,2007 at 7:00 p.m. Please review carefully. I will be sending these items to the
Hearing Examiner tomorrow afternoon, so any comments from you prior to tomorrow afternoon would be great!!
Thank you!
A ru4,? Ma,/.fuSkr.rua"er
Senior Planner
City of Caldwell
Planning and Zoning
621 Cleveland Blvd.
Caldwell, lD 83605
208-455-4662
208-455-3050 fax
r21t912007
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To:
From
Date:
Re:
Memorandum
Community Development
Gordon Law, City Engineer r'Z
Tim King, Engineering Tech ll
Case No. ZON-54-07 (Bennett Forest lndustries)
December 19,2007
The Engineering Department provides the following comments concerning a request by Bennett
Forest lndustries to rezone 1.90 acres from an R-1 Single Family Residential zoning to a C-2
Community Commercial zone classification. The site is located south of Ustick Road
approximately 1,100 feet west of 10m Avenue.
Rishts-of-Wav
1. Ustick Road is classified as a Principal Arterial. The applicant shall be required to dedicate as
public right-of-way a forty-five (45) foot one-half width right-of-way along any Ustick Road
frontage (minus existing) to meet City of Caldwell requirements.
Traffic Mitisation
1. Future development will require the applicant to participate in the cost of a traffic study
commissioned by the City of Caldwellto determine what if any, traffic impacts may result from
the additional daily transportation on the adjoining streets and intersections requiring
transportation mitigation. The applicant will be required to share a proportionate cost of the
required improvements (if applicable).
Street
1. The applicant shall improve any frontage along Ustick Road to include a 33.0 foot one- half
width street section from centerline to back of curb. The street shallfeature standard vertical
curb and gutter, 5 foot sidewalks, sub-base and asphalt paving, required storm water drainage
facilities and streetlights. Said improvements shall extend the entire length of the Ustick Road
frontage.
Sewer & Water
1. Future development shall require the applicant to connect to city services and comply with the
Dixie lnterceptor Sewer Study.
2. The applicant will be required to connect to city services at the time of development.
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Storm Drain
1. lytury development shall require the disposal of stormwater drainage in accordance with the
City Stormwater Management Manual. A copy of this policy is availible upon request.
lrriqation
1' lrrigation water for any and all landscaping shall be obtained from applicable lrrigation
District sources. City municipal water may be used only if the criteria specified in tne
Landscape Ordinance Section 10-07-12 are met.
General
1. Prior to commencement of construction in any dedicated right-of-way, the City Engineer
staff is to be notified. Appropriate City personnel are to be notified in advance of a'il required
inspections.
2. fRProPriately licensed public works contractors shall perform all construction of public
facilities.
3. All traffic control for the project shall meet the requirements of the Manual on Uniform
Traffic Control Devices (M.U.T.C.D.) and the City Engineer. The contractor shall provide a
traffic control plan to the City Engineer for review and secure an appropriate right-of-way
permit prior to any construction within the right-of-way.
4. Future development shall require the applicant to construct pathways on all watenrays
consistent with City Code.
5. Appropriate easements for drains, canals or supply ditches, transmission lines, and other
utilities shall be clearly indicated on the face of the plat (visually and/or in writing).
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L2/04/2007 13:48 FAX 20845944S1 PIONEER IRRIGATION +CALDWELLPZ EOOTZOOE
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oneer Irrigation Distr ict
JEFF SCOTT
Superintendent
MARK ZIRSCHKY
Asst. Superintendent
P.O. BOX 426 r CALDWELL, IOAHO E3606
(208) 45F3617
NAIDA KELLEHER
Secretary-Traasurer
Decernber 3, 2007
City of Caldwell Community Development Depertment
Fax: 455-3050
Attn: Anne Marie Skinner
Re: Case No. ZON-54{7 (Rezone) Bennett Fonest lndustries
TO WHOM IT MAY CONCERN:
Please be advisad there is a delivery point irr place for the property being proposed for development. Pioneer
lrrigation District's main concem is that all water rights within the District be honored, and that access to irrigation
water be provided to every parcel of land. Delivery point for said propery is gate 95 - Phytlls Canal.
All existing easements, right-of-ways, and other means used to honor the water rights to downstream waterusers
must be maintained anct 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 means used to deliver water, alorrg which there is a right-of-way or easement,
must have the same kept clear of all obstructions 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 final plat. The Phyllis Ganal
has a 20 foot from top of banlt prcscriptive use easement along both sides of the canal.
Ihere are to he no oathwav_s_rU[hln Pioneer lrriqation District easements.
Any discharge or run-off into a federal drain must meet the approval of Lupe Rodriguez of the Bureau of
Reclamation. Pioneer lrrigation District does not assume any responsibility for such an epproval. Her lelephone
number is 383-2221.
Please be advised that NO change to or crossing of a District facility can take place unless a License Agreement or
Crossing Agreement between the District and the owner/developer of the property has been signed and recorded.
Please contact the District's Attomey, Scott L. Campbell, in writing if you need to obtain such an agreement. His
contact information is; Scott t-. Campnetl, Moffatt Thomas ganetiRoctr & Fields, Chtd., 101 S. Ca[itot Blvd., 10h
Floor, Boise, tdaho 83702, phorre: (208) 345-2000, fax: (208) 385^5384.
A License Agreement or Crossing Agreement must be written up and recorded at the expense of the Developer
and/or owner. All agreements rhust be reviewed by and approved by Mr, Campbell, The least expensive way to
have an agreement drawn up which meets the need of the District is by having Mr. Campbell himself draw it up.
Qtherwise there will be two attorney fees for said developer and/or owner to pay. A deposit of $1000.00 must be
paid to Moffatt, Thomas to cover the attorney fees before the work carr begirr. Any unexpended portion of the
deposit will be refunded. Pioneer lrrigation District will recommend disapproval of the final plat approval, until the
agreement has been executed and recorded, lf con$truction begins withoul the required agreement, Pioneer
lnigation Distriet will pursue judicial relief to stop the construction,
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L2/04/2007 13:48 FAX 2084594491 PIONEER IRRIGATION + CALDfiELL P Z @OOZTOOZOO
ptans must be recelved by pioneer lrrigation Distrlct.by DecembE[ 15n, 2007. All construction which may
impact Distrlct facilltles must Ue .orpi"t O'ptioit" ln6 q;* lsu, ZOOS deadline' The construction time-
frame which pioneer lrrigation otstrici airows is t*tov"ri*i'1-i1i ihe current year to March l6u of the
followlng year.
Ten perccnt (lo%) of the plD project costs, as determined by Pioneer lrrigation Districts engineer, shall be
deposited with piorreer, in the form-of , .".ni"rr-.r,e"r., p"yiur" tJpioneEr lnigation District, at the time of
execution of the agreement by the Developer/Land owner" Pioneer shatl refund this deposit if the construction is
completed by Maroh iifr, ."iil "riora.nb"
*itt't tlt. terms of the agreement, otherwise the deposit shall be
forfeited to Pioneer tnigation District'
lf construction is not completed by March tsth in a manner which allows for adequate delivery of water, Pioneer will
intervene and perform whatever work is nu"*.*.ry to allow adequate delivery olwater to patrons' This work will be
performed at the convenience and discretion oiEiln"*r lrrigation District, The Developer/Land owfler shall pay the
costs of this remedial work.
A.y proposed devetopment which will have downstream waterusers using gravity flow irrigatiorr must develop their
irrigation system in a-manner which will insure the downetream wateru.JrJ ttre ability to acquire at least as much
irrigation water for gravity flow irrigation ", *r,"t tney rec.ivea priorio-anv olretopment or construction taking placrS'
The gravity flow irrigation system must be to,rriv s6parate from the proposed pressurized irrigation system within a
subdivision.
please be advised, the developer shail submit detailed drawings of any proposed relocations of Pioneer lnigation
Districfs facirities, 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 Walers of -the UnrGd States may require oqtilLg-l404 permit from the Corp of
f rgi.;;i.. Oreg tlrtartinez of the Corp of Engineers can be contacted at 345-2154'
prior to finalization of any Agreements with pioneer lnigation District, Pioneer lrrigation District must receive a copy
of a 404 permit that has heen property execrrteJ. lf it is-determined by the corp of Engineers that a 404 permit is
not required, pioneer trrigation District must be notified in writing oy the corp oi Engineers that said 404 permit is
not required.
NOTE: This letter dOes not authorize any construction to commence urttll all the neces$ary agreements
*itt Fron""r lrrlgation District have been executed and recorded'
lf you have anY questions please do not hesitate to call
Sincerely
Mark F. Zirscht<Y
Assistant SuPerintenctent
cc: Gordon Law - city of caldwell Engineering via fax 455-3012
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