20070514Spencer amended direct.pdf

Bruce M. Smith, ISB # 3425
Susan E. Buxton, ISB # 4041
MOORE SMITH BUXTON & TURCKE, CHARTERED
Attorneys at Law
950 West Bannock Street, Suite 520
Boise, Idaho 83702
Telephone: [phone]
Facsimile: [phone]
bms~msbt1aw.com
Attorney for City of Eagle, Idaho
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
UNITED WATER IDAHO INC. TO AMEND AND)
REVISE CERTIFICATE OF CONVENIENCE
AND NECESSITY NO. 143.
CASE NO. UWI-O6-
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
DIRECT TESTIMONY OF NICHOEL BAIRD SPENCER
NICHOEL BAIRD SPENCER, Di - Page 1
CITY OF EAGLE - 1019.42
Please state your name and identify your position with the City of Eagle.
My name is Nichoel Baird Spencer. I am a Planner III for the City and am
responsible for long range planning for the City.
Are you familiar with the location of the proposed Trailhead
development?
Yes. Trailhead is located at the northern boundary of the City of Eagle. A
portion of it, 140 acres, is located within the City's area of impact, and
another part, 520 acres, is outside, but adjacent to, the area of impact.
How did you become familiar with the Trailhead Community development?
The City has been meeting with owners and/or developers of the property
for 2 Yz years about annexation. There have been numerous meetings and
other contacts, so we are very familiar with the property.
Has Kastera filed for annexation of the property into Eagle?
Yes, they did, but subsequently withdrew their application.
Do you know if Kastera has filed an application for a subdivision
with Ada County?
No. Ifit had been filed, the City would review the application from the
county, but we have not received any notice or copy of an application.
Please describe the City s efforts to address Kastera s request for
annexation.
The City has expended considerable effort and costs trying to facilitate
annexation for Kastera. The City has worked with various landowners on
NICHOEL BAIRD SPENCER, Di - Page 2
CITY OF EAGLE - 1019.
Beacon Light Road and along Highway 55 to provide an annexation
pathway for Kastera. The City anticipates an annexation application this
summer that would establish a pathway.
Since Kastera has not applied yet to the county for approval of a
subdivision, if they applied, how long would it take to complete the
process?
Assuming no problems, it would likely take about six (6) months. Any
problems, including appeals, would extend the approval period.
Has Kastera ever provided any details of their plans for development
to the City?
No. Kastera only filed an application for annexation and rezone. They
have never provided any conceptual plans or plats. As far as I know, they
have not actually figured out what or how the development will proceed or
what it will consist of.
What is the status of the annexation pathway for the Trailhead
Community?
The City had previously identified an annexation pathway through an area
known as Trip1eridge and was working to complete the necessary steps.
However, some of the identified landowners backed out, in part, because
they could not get Kastera to explain or commit how the development was
to be done. The landowners were concerned about traffic, densities, and
other matters. Because they could not get clear explanations from
Kastera, they decided not to complete their annexations.
NICHOEL BAIRD SPENCER, Di - Page 3
CITY OF EAGLE - 1019.42
However, the City has also worked out another annexation pathway along
Highway 55 that would allow a pathway for the Trailhead Community.
The City expects to get an application for this pathway this summer. This
pathway has additional benefits to Kastera because it solves significant
access problems for the Trailhead Community.
Based on your experience, do you believe it is possible to complete an
annexation pathway?
Yes, but it will require that Kastera make some basic decisions to decide
what and how it intends to develop or if, in fact, it is going to develop.
Assuming a best case scenario, how long would it take for Kastera to
complete its development process using the City s process?
Using the City s approval process, this could be done in about four (4)
months.
If it used the county process, how long would it take?
About six (6) months.
Has Kastera conducted any public meetings with regard to
Trailhead?
Yes. They are required by law to conduct a neighborhood meeting prior to
submittal of an application for annexation. The people who attended
expressed concerns over the lack of details provided about the pending
development.
If Kastera files an application with Ada County, will the City review
and comment on the application?
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CITY OF EAGLE - 1019.
Yes. Ada County will require that review because part of the area is
within the City s area of impact.
Can Kastera develop a planned community through the county
process?
No. A planned community requires at least 640 acres outside of an area of
impact. Trailhead does not meet that requirement.
Does the county require that Trailhead be served by United Water?
No. The county does not care who serves , only that service is through a
municipal provider.
If Kastera develops through the county process, how many homes can
it build on the 660 acres?
A. A maximum of 108 under a non-farm cluster zone. Under current zoning,
they would get one (1) lot per ten acres, or 66 lots.
According to United Water s estimate, the cost of construction and
development for facilities would be about $1.2 million, so the cost of
facilities for each lot would be $11 111.00, if 108 houses are built or
$18 182.00 if 66 homes were built, correct?
Yes.
NICHOEL BAIRD SPENCER, Di - Page 5
CITY OF EAGLE - 1019.
Dated this day of May, 2007.
SUBSCRIBED AND SWORN to before me this LJ-laay of May, 2007.
ary Pub' for ID
Residing at (~l D
My Commission Expires:
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!(
ichoe1 Baird Spencer
NICHOEL BAIRD SPENCER, Di - Page 6
CITY OF EAGLE - 1019.42
CERTIFICATE OF SERVICE
I hereby certify that on this ,I day of May, 2007 I served a true and correct copy of the
foregoing document via the method indicated below to:
Dean J. Miller, Esq.
McDevitt & Miller LLP
420 West Bannock Street
PO Box 2564
Boise, ID 83701
( rGS. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
(Lf-U.S. Mail, Postage Prepaid (ThroughGregory P. Wyatt
Counsel)
United Water Idaho, Inc.
PO Box 190420
Boise, ID 83719
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
(eyefs. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Tom C. Morris
Kastera LLC
15711 Highway 55
Boise, ID 83714
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
(0'ils. Mail, Postage Prepaid
() Hand Delivered
( ) Overnight Mail
( ) Facsimile
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
(0'1fS. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
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CITY OF EAGLE - 1019.