20070918Yorgason Supplemental.pdf

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MOFFATT, THOMAS BARRETT ROCK ~'_' i Lv \.J'~I",\lI'_vl'-
FIELDS, CHARTERED
101 S. Capitol Blvd., 10th Floor
Post Office Box 829
Boise, Idaho 83701
Telephone [phone]
Facsimile [phone]
rbb(fYmoffattcom
17-047.
Attorneys for Capital Development, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
12 APPLICATION OF UNITED
WATER IDAHO INC. TO AMEND
13 AND REVISE CERTIFICATE OF
CONVENIENCE AND NECESSITY14 NO. 143
CASE NO. UWI-O7-
DIRECT SUPPLEMENTAL
TESTIMONY OF J. RAMON
YORGASON IN SUPPORT OF
APPLICANT UNITED WATER
IDAHO INC.
Yorgason, Di-Sup 1
Capital Development, Inc.
BOI MT2:664923.
Please state your name and identify your position with Intervenor
Capital Development Inc.
My name is J. Ramon Yorgason, and I am the president of Capital
Development, Inc.
Are you the same Ramon Yorgason who provided both direct and
rebuttal testimony in this proceeding?
Yes.
What is the purpose of your supplemental testimony?
I would like to provide the Commission with those documents and
related testimony pertaining to the terms and status of the agreement that was
reached between Capital Development and the City of Eagle concerning the
pending application of United Water Idaho Inc.
Before turning to the agreement itself, can you tell me whether the
intent of your agreement with Eagle has been summarized in the official records
of the City?
Yes. The intent was explained and set forth in the Minutes of the
Eagle City Council attached as Exhibit 301 on page 8, where Eagle s city
attorney, Susan Buxton, summarized the terms of the agreement I had reached
with the Eagle City Council.
The Minutes state on page 9 that Ms. Buxton explained to the
Eagle City Council as follows:
The developer would agree to have the PUD served
by the City Water System in compliance with Eagle
Yorgason, Di-Sup 2
Capital Development, Inc.
BOI MT2:664923.
City Ordinances and if at the time the Lanewood
PUD needs to hook up to a public water system and
the City system is not available to do so then the
PUC matter would be reinstated with regard to
whether that area should be served as part of the
United Water certificated area.
Is this an accurate summary of the intent of your agreement with Eagle?
Yes, with one modification it is.
Was this intent incorporated into the written agreement you and
Eagle executed?
Yes it was. A copy of the agreement between Eagle and Capital
Development is attached as Exhibit 302, and the intent articulated by Mrs. Buxton
with the modification I mentioned was expressed and implemented through four
provisions contained in the agreement.
Would you please identify each of these four provisions and
explain its relevance.
The first provision is contained in the last sentence of the
Preliminary Statement where Eagle acknowledges that the reason it had
previously contested both Capital Development's development applications with
Ada County and United Water s application with the PUC was "based principally
on Eagle s determination that it will obtain in the near future those water rights
necessary to provide water service" to Lanewood Estates.
What were you told about those water rights?
Yorgason, Di-Sup 3
Capital Development, Inc.
BOI MT2:664923.
I was assured on several different occasions by Mayor Merrill
who is a personal friend, that Eagle would have these essential water rights first in
May and then in June ofthis year.
To your knowledge, has Eagle obtained the necessary water rights?
Not to my knowledge, and my attorney has repeatedly asked for
evidence that these water rights exist. For instance, by his August 8 , 2007, e-mail
to Mrs. Buxton attached as Exhibit 303, my attorney asked for an explanation
with respect to whether the water rights that were tentatively awarded to Eagle
and are now being challenged could even be used to service Lanewood Estates.
We have received no response to this inquiry. And by his August 16, 2007
e-mail to Mrs. Buxton attached as Exhibit 304, my attorney provided Eagle with
our development schedule for Lanewood Estates and explained to Mrs. Buxton
why based on the attached schedule Capital Development had no alternative but
to go forward with this PUC application. Further, when Mrs. Buxton called my
attorney in response to Exhibit 304 and asked what Eagle might do, my attorney
suggested that Eagle provide Capital Development with an unconditional will-
serve letter or other reasonable documentation establishing Eagle s ability to
provide water service to Lanewood Estates. As referenced in my attorney s very
recent e-mail to Mrs. Buxton of September 13 , 2007, attached as Exhibit 305, we
are still waiting for such documentation.
What is the second of the four provisions contained in your
agreement with Eagle that expresses and implements the intent as stated in the
City of Eagle s Minutes (Exhibit 30l)?
Yorgason, Di-Sup 4
Capital Development, Inc.
BOI MT2:664923.
The second provision is contained in the "NOW, THEREFORE"
clause of Exhibit 302, where it states that the purpose ofthe agreement was to
allow for the "orderly development of the Property without undue and costly
delay, and provide for United Water s service of water to the Property in the event
Eagle is unsuccessful in obtaining the water rights it requires to service the
Property. . . .
Is your development of Lanewood Estates currently being delayed?
Yes. Ada County approved the development applications for
Lanewood Estates on July 11 , 2007, and the appeal period for the approval
expired 28 days later in August. Further, because no grading permit is required
and our drainage plans were approved by Ada County as is reflected in
Exhibit 306, we would start grading today if we knew that we had water.
Why can t you start grading today anyway?
It would be financial Russian roulette to start the construction of
millions of dollars in improvements without knowing that we will have the water
necessary to complete the improvements and sell lots and homes. Because
Eagle s water rights are being challenged and protested, it could conceivably be
years before Eagle has the necessary water rights to service our development. In
sum, not only would the interest costs on the constructed improvements be
enormous if we couldn't get water, but we might lose our property to foreclosure
by our lender by incurring construction costs that we couldn t recover through
sales.
Yorgason, Di-Sup 5
Capital Development, Inc.
BOI MT2:664923.
But couldn t you also lose your property to foreclosure to your
lender if you don t start construction?
Yes. Because we are incurring interest at the rate of $76 000 a
month, we have got to get Lanewood Estates under construction, but increasing
the amount borrowed and the resulting interest carry without having assurance of
water would make it more likely that we get in trouble with our lender, not less
likely.
Okay. What is the third of the four provisions contained in your
agreement with Eagle that expresses and implements the intent as stated in the
City of Eagle s Minutes (Exhibit 30l)?
The third provision is contained in Section 1 of Exhibit 302, where
it states that we would "continue the hearing of United Water s Application
currently set for May 24 2007, to the first available date after August 24 2007.
What is the significance of this provision?
August 24 was the latest I possibly could wait until having to again
ask the Commission to grant United Water s application, so that I would not be
delayed until after winter to pave the project; and I made the importance of this
date clear to Eagle. In fact, before agreeing to the August 24 deadline, Eagle
asked that the date be extended from June 30 to the end of July and then finally to
August 24, so that Eagle could have all the time that I could possibly give it to
obtain the water rights it was counting on getting to serve Lanewood Estates.
Yorgason, Di-Sup 6
Capital Development, Inc.
BOI MT2:664923.
What then, is the last of the four provisions contained in your
agreement with Eagle that expresses and implements the intent as stated in the
City of Eagle s Minutes (Exhibit 30l)?
The fourth provision is contained in Section 4(d) of Exhibit 302
which states that "Eagle shall not adopt an ordinance annexing the Property until
water service has been provided to the boundary of the Property for delivery of
water.
What is the significance of this provision?
The provision was intended to ensure that Eagle would not obtain
any jurisdiction over Lanewood Estates unless and until Eagle obtained the water
rights necessary to provide water service to the property-which to my
knowledge Eagle has not done and may not do for months or even years.
You testified that the intent of your agreement as articulated in the
City of Eagle s Minutes (Exhibit 301) was modified somewhat. Can you explain
how?
Yes. Exhibit 302 was revised and executed on May 23 2007, the
day after Mrs. Buxton explained the intent of the proposed settlement contained in
Eagle s Minutes. As I previously stated, the agreement with Eagle that was
negotiated gave Eagle until August 24 to obtain the water rights necessary to
provide water service to Lanewood Estates. I never agreed that Eagle would have
until after I had constructed the water system for the project to obtain the
necessary water rights. Nor for the economic reasons previously discussed would
Yorgason, Di-Sup 7
Capital Development, Inc.
BOI MT2:664923.
I ever agree to first construct substantial improvements and then pray somebody
could provide water.
Didn t you agree in Exhibit 302 to file an application for
annexation promptly following Ada County s approval of your development
applications, which became final in August?
Yes, we did.
Have you filed an annexation application with Eagle?
Yes, we filed an annexation application with Eagle today.
Why didn t you file an annexation last month?
In simple terms, I overlooked the matter and nobody at Eagle even
raised the issue until last week, when Mrs. Buxton sent her September 13 2004
letter to my attorney.
agreement?
Did Eagle ever overlook any of its obligations to you under your
Yes. As provided in Section 1 of Exhibit 2, Eagle was obligated to
provide Capital Development with written status reports every two weeks. But as
established by my attorney s e-mails of June 7, June 25 , and August 7 attached as
Exhibit 307, my attorney had to send repeated requests to Mrs. Buxton to obtain
these reports.
To your knowledge, has Eagle been harmed in any way by the
delay in the filing of Capital Development's annexation application?
, and considering the proscription on Eagle annexing our
property under Section 4(d) of Exhibit 302, it is inconceivable to me that Eagle
Yorgason, Di-Sup 8
Capital Development, Inc.
BOI MT2:664923.
suffered any more detriment by our submission today, than Capital Development
did by Eagle s delay in submitting several of its written status reports.
Eagle has pointed to the confidentiality agreement attached as
Exhibit 308 that you entered into with United Water as evidence that you were
conspiring with United Water against Eagle. Were you?
, and the allegation is insulting and absurd for two reasons.
First, my agreement with Eagle specifically provides that United Water could
provide water service to Lanewood Estates if Eagle couldn t obtain the water
rights it needed by August 24. Second, because my agreement with Eagle
provides for concessions by Eagle-including the waiver of certain filing fees, the
expeditious review and processing of certain plans and applications, and the
preparation and submission of written status reports-the very purpose of the
confidentiality agreement was to protect Eagle s interests by keeping the terms of
the agreement between Capital Development and Eagle out of the hands of other
developers, who might ask for similar concessions from Eagle.
Mr. Yorgason, to your knowledge, is Eagle ready, willing, and able
to provide water service to Lanewood Estates?
Certainly not to my knowledge, and as I earlier indicated, my
attorney has repeatedly asked Eagle to provide reasonable evidence that it has the
necessary water rights, without success.
One final question. Based on the foregoing, do you and Capital
Development want United Water to provide water service to Lanewood Estates?
Yorgason, Di-Sup 9
Capital Development, Inc.
BOI MT2:664923.
Yes, we desperately need water, and United Water is the only
purveyor that actually has the water rights to service Lanewood Estates.
DATED this 17th day of September
SUBSCRIBED AND SWORN to before me this 17th day of
September 2007.
t'~
ARY UBLIC FOR IDAHO
Residing atGiJ..':....,-J J~.t.,
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Yorgason, Di-Sup 10
Capital Development, Inc.
BOI MT2:664923.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 17th day of September 2007, I
caused a true and correct copy of the foregoing DIRECT SUPPLEMENTAL
TESTIMONY OF J. RAMON YORGASON IN SUPPORT OF APPLICANT
UNITED WATER IDAHO INC. to be served by the method indicated below
and addressed to the following:
Gregory P. Wyatt
UNITED WATER IDAHO, INC.
P. O. Box 190420
Boise, ID 83719
E-mail: greg.wyatt(fYunitedwater.com
Dean J. Miller
McDEVITT & MILLER, LLP
420 West Bannock Street
P. O. Box 2564
Boise, ID 83701
E-mail: joe(fYmcdevitt-miller.com
Scott Woodbury
Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION
472 West Washington Street
P. O. Box 83720
Boise, ID 83720-0074
E-mail: scott.woodbury(fYpuc.idaho.gov
Bruce M. Smith
MOORE, SMITH, BUXTON & TURcKE, CHTD.
950 West Bannock Street, Suite 520
Boise, ID 83702
E-mail: bms(fYmsbtlaw.com
J. Ramon Yorgason, President
Capital Development, Inc.
6200 N. Meeker Place
Boise, ID 83713
E-mail: capdev(fYcableone.net
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Yorgason, Di-Sup 11
Capital Development, Inc.
BOI MT2:664923.
City of Eagle -- May 22 2007 minutes Page 1 of 12
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In Agenda and Minutes:
City Council- AGENDAS
City Council - MINUTES
Arts Commission -
AGENDAS
9/1312007
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May 22, 2007 minutes
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EAGLE CITY COUNCIL
Minutes
May 22, 2007
continued to
May 23, 2007
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.
1. Lt. Dana Borgquist will present the monthly report for the Ada County
Sheriff's Office. Lt. Borgquist was unable to attend tonight's meeting, his
monthly report has been distributed to Council.
2. Robert McQuade, Ada County Assessor will review the new Construction
Roll for the City of Eagle. Mr. McQuade distributes the Primary Roll
Assessment Notice Summary to the Council and discusses the same. The
Assessment Notices will be sent out this week, these numbers are
preliminary numbers. General discussion.
Public Works Director Report: Dave Milan: Reports on the status of City
projects. Construction of the tank should be done June 5th . The beginningof June the bids will be in on the Brookwood , Eaglefield and Legacy wells.
We are checking on the irrigation around City Hall. Trautman is doing an
assessment of the system.
Discussion on the proposed surveillance cameras. We have a set of
cameras installed at Merrill Park and they are operating as expected.
General discussion. We are not going to replace the cameras at City Hall so
$4,200.00 will come off from the proposal. The new total is $19 500.00. The
cameras will be for the remaining parks and the Library building.
Discussion on the flag poles. The poles will be located in the north grassy
area at City Hall. These will be the same type of pole that was installed at
Merrill Park. General discussion.
Discussion on the Vizcaya Subdivision Water Main Oversizing
Reimbursement. I have talked to Vern and Susan Buxton about this and
there are a lot of factors involved in this reimbursement process. The STL
Fees that I am recommending that this is paid from are really earmarked for
the storage tank and the water transmission lines. However, there is a
section of Eagle City Code that allows the City to assess a fee for this type of
reimbursement. Susan has recommend that we put together a proposal and
a resolution to come to you in June to institute this fee. General discussion.
My recommendation still stands as to this development.
Discussion on the purchase of a vehicle for the Public Works Department.
General discussion.
City Attorney s Report: City Attorney Buxton: Updates the Council in
EXHIBIT 301
City of Eagle -- May 22 2007 minutes
Arts Commission. MINUTES
Design Review Board-
AGENDAS
Design Review Board.
MINUTES
Historical Preservation
Commission - AGENDAS
Parks & Pathways
Development Committee -
AGENDAS
Parks & Pathways
Development Committee -
MINUTES
Planning & Zoning
Commission - AGENDAS
Planning & Zoning
Commission - MINUTES
Urban Renewal Agency
9/13/2007
Page 2 of 12
regards to the PUC applications. The hearings for the Comprehensive Plan
are going forward. The Planning and Zoning Commission will have arecommendation on the new Comp Plan June 11 , 2007. Discussion on theVeledrome project
City Clerk's Report: A reminder of the special meetings that are scheduled
May 29, 2007 for Lakemore and June 5th for the Parks and Pathway Master
Plan. Discussion on the Diversified Bond Fund.
Mayor and Council's Report:
Guerber: I have noticed that skateboards have been busy at City Hall andI'm concerned since we have the new bench in front of City Hall. Discussion
on having the Sheriff's Department review the City ordinance in regards to
the skateboarding.
Bastian: Discussion on the Library s Statistics Report for April 2007. We are
subsidizing Ada County and Boise City and there will be an Agreement with
these entities to compensate our Library.
Bandy: I am wondering about a meeting to discuss the Chamber of
Commerce downtown plan. Council would like to have this meeting on May
29th to be discussed after Lakemore.
Jason Pierce: We could have some representatives of the committee
available for May 29th
Council would like to schedule the discussion of the Chamber of Commerce
downtown plan on May 29th
City Engineer Report: Continued to the end of the Agenda
Zoning Administrator s Report: Continued to the end of the Agenda
REGULAR COUNCIL AGENDA: 7:30 p.
1. CALL TO ORDER:Mayor calls the meeting to order at 7:45 p.
2. ROLL CALL:BASTIAN , GUERBER, NORDSTROM, BANDY.Nordstrom is absent. A quorum is present
3- PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT:None
5. CONSENT AGENDA:
Consent Agenda items are considered to be routine and are
acted on with one motion. There will be no separate discussion
on these items unless the Mayor, a councilmember, member of
City Staff, or a citizen requests an item to be removed from the
Consent Agenda for discussion. Items removed from the Consent
Agenda will be placed on the Regular Agenda in a sequence
determined by the City Council.
Any item on the Consent Agenda which contains written
Conditions of Approval from the City of Eagle City Staff, Planning
& Zoning Commission, or Design Review Board shall be adopted
as part of the City Council's Consent Agenda approval motion
unless specifically stated otherwise.
A. Claims Against the City
B. Open Container Permit for Chad Thomason dba
daVinci'Chad Thomason is requesting an open container
permit to be used on 1 sl Street from June 9 , 2007 from 9:00
m. until 9:00 p.m. for the Fun Days Event (SKB)
C. Open Container Permit for LGJ Inc.. dba: Busters:LGJInc. is requesting an open container to be used in their
parking lot located at 1396 E. State Street on June 8th and 9th
from 2:00 p.m. until 1 :00 a.m. for the Fun Days Event. (SKB)
D. April 17, 2007 minutes.
City of Eagle -- May 22, 2007 minutes
9/1312007
Page 3 of12
E. May 8, 2007 minutes.
F. May 10, 2007 special meeting minutes.
G. May 15, 2007 minutes.
H. Findings of Fact and Conclusions of Law PP-05-07 -
Chester Place (AKA Catalpa) Subdivision - West WindInvestments:West Wind Investments, LLC, represented by
Penelope L. Riley with Treasure Valley Engineers, is
requesting approval of a preliminary plat for Chester Place
(AKA Catalpa) Subdivision , a 12-lot (9 residential, 3 common)
residential subdivision. The 17.90-acre site is located on the
east side of North Meridian Road between Beacon Light and
Floating Feather Road at 2650 North Meridian Road. (WEV)
I. Appointment to the Parks and Pathways Committee:
Mayor Merrill is requesting Council confirmation of Angela
Deckers to the Parks and Pathways Committee. Ms. Deckers
will be serving a three year term that will expire in May 2010.
(NM)
J. DR-117-06 - Two Story Retail/Office/Apartment Building -
Old Village Properties. LLC:Old Village Properties, LLC
represented by Mary Frances Argusa , is requesting design
review approval to construct a 5 658-square foot; two story
retail/office/apartment building. The site is located on the
north side of East Idaho Street approximately 200-feet east of
Eagle Road at 172 East Idaho Street. (WEV)
K. DR-118-06 - Master Sign Plan for a Two Story
Retail/Office/Apartment Building - Old Village Properties.
LLC:Old Village Properties , LLC, represented by Mary
Frances Argusa , is requesting design review approval of a
master sign plan for a two story retail/office/apartment
building. The site is located on the north side of East Idaho
Street approximately 200-feet east of Eagle Road at 172 East
Idaho Street. (WEV)
L. DR-52-02 MOD - Idaho Independent Bank Building
Modification - Idaho Independent Bank:Idaho Independent
Bank, represented by Chad Harbig with CSHQA, is requesting
to modify the fayade and landscaping of the existing bank
building. This modification also includes extending the drive-
thru canopy an additional 13.feet (approximately) to the east
to accommodate a total of three (3) drive-up service lanes.
The site is located on the northeast corner of East State
Street and Stierman Way at 560 East State Street. (WEV)
M. DR-O4-0l - Multi-tenant Office Building - Gale Pooley:
Gale Pooley is requesting design review approval to
construct a 1 872-square foot multi-tenant office building. The
18-acre site is located on the south side of Winding Creek
Drive approximately 430-feet west of Hill Road at 979 Winding
Creek Drive. (WEV)
N. DR-O5-07 - Master Sign Plan for a Multi-tenant Office
Building 0 Gale Pooley:Gale Pooley is requesting design
review approval of a master sign plan for a multi-tenant office
building. The 0.18-acre site is located on the south side of
Winding Creek Drive approximately 430-feet west of Hill Road
at 979 Winding Creek Drive. (WEV)
O. DRoOl-O7 - Building Wall Signs and Monument Sign forFarmers and Merchants Bank - Farmers and Merchants:
Farmers and Merchants, represented by David Glancey with
BRS Architects, is requesting design review approval of two
building halo illuminated building wall signs and one
monument sign for the Farmers and Merchants Bank facility.
The site is located on the northeast corner of the East State
Street and Hill Road at 1101 East Winding Creek Drive.
(WEV)
P. DR-11-07 - Building Addition to the Qwest Communication
City of Eagle -- May 22 2007 minutes Page 4 of 12
Facility - Qwest Communications: Owest Communicationsrepresented by Bob Smith with Hutchinson Smith Architects
is requesting design review approval to construct a 550-
square foot addition to their existing facility. The site is located
on the southeast corner of North Eagle Road and Idaho Street
at 62 North Eagle Road. (WEV)
O. DR.D? - Common Area Landscaping within Park LaneEstates - Chad Moffat:Chad Moffat, represented by Phil
Hull with The Land Group, is requesting design review
approval of the common area landscaping within Park Lane
Estates Subdivision. The site is located on the west side of
North Park Lane approximately 2 000-feet north of West
Floating Feather Road at 1835 North Park Lane. (WEV)
R. DR-18-D? - Common Area Landscaping, Clubhouse
Facility. and 33 Duplex Homes within the Orchards at
Eagle - Orchards at Eagle. LLC:The Orchards at Eagle,
LLC, represented by Phil Hull with The Land Group, Inc., arerequesting design review approval for the common area
landscaping, a 3 953-square foot clubhouse facility, and 33
duplex homes within the Orchards at Eagle Subdivision. The
site is located on the southwest corner of West Old Valley
Road and North Linder Road at 4831 and 4843 West Old
Valley Road. (WE V)
Guerber removes Items #51 and L.
Bastian removes Items #5C , M and N.
Guerber moves to approve the Consent Agenda as amended.
Seconded by Bastian. Bastian: AYE; Guerber: AYE; : AYE; Bandy:
AYE: ALL AYES: MOTION CARRIES...............
5C. Open Container Permit for LGJ Inc.. dba: Busters:LGJ Inc. isrequesting an open container to be used in their parking lot located at 1396
E. State Street on June 8th and 9th from 2:00 p.m. until 1 :00 a.m. for the Fun
Days Event. (SKB)
Bastian: My concern is that there is going to be a live band , bbq and outdoor
activities until 1 :00 a.m- This would in violation of our noise ordinance.
City Clerk Bergmann: At your meeting on May 29 2007, you will have arequest for a waiver of the noise ordinance from Busters. General
discussion.
Bastian moves to approve the Open Container Permit for LGJ Inc., dba:
Busters. Seconded by Bandy. ALL AYES: MOTIONCARRIES..................
51. Appointment to the Parks and Pathways Committee:Mayor Merrill isrequesting Council confirmation of Angela Deckers to the Parks and
Pathways Committee. Ms. Deckers will be serving a three year term that willexpire in May 2010. (NM)
Guerber: my recommendation would be pull this item as we have had aflurry of applicants for this position that the Committee needs to review
and it will come back to Council at a later date. Seconded by Bandy.ALL AYES: MOTION CARRIES..................
5L. DR.52.D2 MOD. Idaho Independent Bank Building Modification
Idaho Independent Bank:Idaho Independent Bank, represented by ChadHarbig with CSHOA, is requesting to modify the fayade and landscaping of
the existing bank building. This modification also includes extending the
drive-thru canopy an additional 13.feet (approximately) to the east toaccommodate a total of three (3) drive-up service lanes. The site is located
on the northeast corner of East State Street and Stierman Way at 560 East
State Street. (WEV)
Zoning Administrator Vaughan: Provides Council an overview of the
9/13/2007
City of Eagle -- May 22, 2007 minutes Page 5 of 12
application. General discussion.
Chad Harbig, CSHQA, representing the applicant, provides Council an
overview of the request to modify the fayade and landscaping of the existing
bank building. General discussion.
Bastian moves to approve DR-52-02 MOD - Idaho Independent Bank
Building Modification - Idaho Independent Bank with all of the Site
Specific and Standard Conditions of Approval except for Site Specific
Condition #19 which is to be removed. Seconded by Guerber. ALL
AYES: MOTION CARRIES....................
5M. DR-O4-07 - Multi-tenant Office Building - Gale Pooley:Gale Pooley
is requesting design review approval to construct a 1 ,872-square foot multi-
tenant office building. The O.18-acre site is located on the south side of
Winding Creek Drive approximately 430-feet west of Hill Road at 979
Winding Creek Drive. (WEV)
5N. DR-05-07 - Master SiQn Plan for a Multi-tenant Office Building -
Gale Pooley:Gale Pooley is requesting design review approval of a master
sign plan for a multi-tenant office building. The O.18-acre site is located on
the south side of Winding Creek DriVE! approximately 430-feet west of Hill
Road at 979 Winding Creek Drive. (WEV)
Mayor: we will hear Items #5M and N together since this is the same project.
Bastian: I asked these items to be removed. I think there are conditions that
have been placed on this application by Design Review that go beyond what
is necessary and I would like the applicant to have an opportunity to present
his side to the Council.
Gale Pooley, representing the applicant, Council Member Bastian has
basically made my case- We have been to Design Review and they have
asked for several additional requirements that go beyond the guide book.
We are asking the Council to look at this.
General discussion on the changes proposed by the Design Review
Committee.
Bastian moves to approve DR-O4-07 - Master Sign Plan for a Multi-
tenant Office Building - Gale Pooley and that we take the bullet items
on the document dated May 8, 2007 and number them 1 through 8 and
strike 4, 5, 6 and 7 and allowing the remaining 1,3 and 8 to stand andremove Item #8, or as stated more positive: we would allow the trellis
as proposed, we would allow the incline of the eaves as proposed, we
would not require the extension of the eaves on the building to 4', wewould not require the raising of the stone wainscoting to the window
sill and we would not require tapering of the stone wainscoting, we
would not replace the round vents with a style more reflective of theCrafstman architecture. Seconded by Bandy. ALL AYES: MOTIONCARRIES................
Mayor: If the Council agrees with the Master Sign Plan as suggested
you can follow the Staff conditions and recommend approval with the
Site Specific Conditions stated on Page 4 of 5. So Moved by Bastian.
Seconded by Guerber. ALL AYES: MOTION CARRIES...
5. FINAL PLAT:
A. FPUD-07/FP-01-07 & FP-02-07 - Final Development Plan and Final
Plat for Mosca Seca Subdivision (Legacy) No.1 & 2 - IdahoDevelopment Services. LLC: Idaho Development Services , LLC
Represented by Stanley Consultants, is requesting final development plan
and final plat approval for Mosca Seca Subdivision No., a 127 -acre , 123-lot(92-buildable, 31-common) residential subdivision and Mosca Seca
Subdivision No., a 51-acre, 152-lot (150-buildable, 11-commom , 1-welllot)
residential subdivision. The 178-acre site is located south of Floating
Feather Road west of Linder Road. (WEV) This item was continued from
the May 2007 meeting.
9/13/2007
City of Eagle -- May 22, 2007 minutes Page 6 of 12
Mayor introduces the issue.
Guerber moves to continue FPUD-07/FP-01-07 & FP-02-07 - FinalDevelopment Plan and Final Plat for Mosca Seca Subdivision (Legacy)
No.1 & 2 - Idaho Development Services, LLC to the to the June 12,2007 City Council meeting. Seconded by Bandy. ALL AYES: MOTIONCARRIES.....................
7. PUBLIC HEARINGS
A. VAC-01-07 - Vacation of Public Utility/Access Easement across
Parcels B & C, portions of Lot 2, and Lots 3 & 4 Block 4. Merrill
Subdivision No.2. - Roy Montague:Roy Montague , represented by J-
Engineers Roy Montague, represented by Daren Fluke of J-B Engineers
is requesting City approval of a vacation to the final plat of Merrill Subdivision
No.2 to remove the portion of the plat note providing for a utility/access
easement on portions of Lot 2 and Lots 3 & 4, Block 4. The site is located 35
feet east of East Plaza Drive on the south side of East State Street at 1119
East Plaza Drive. (WEV)
Mayor introduces the issue.
Bandy moves to continue V AC-01-07 - Vacation of Public Utility/AccessEasement across Parcels B & C, portions of Lot 2, and Lots 3 & 4 Block4, Merrill Subdivision No.2. - Roy Montague to the June 12,2007 asrequested by staff. Seconded by Guerber. Discussion. ALL AYES:MOTION CARRIES...............
B. PP-02-07 - Preliminary Plat for Aguila Mountain Estates Subdivision
- Red Rock Development:Red Rock Development, LLC, represented by
Bryan D. Martin, P., with Toothman-Orton Engineering Co., is requestingpreliminary plat approval for Aguila Mountain Estates a 31-lot (24 buildable, 7common) residential subdivision. The 10.24-acre site is located at the
northwest corner of the intersection of East Hill Road and North Echohawk
Way, approximately 420-feet west of State Highway 55. (WEV)
Mayor introduces the issue.
Mayor swears in Bryan Martin.
Bryan Martin, Toothman-Orton Engineering, representing the applicant
displays overheads and provides the Council an overview of the project.
General discussion.
Planner Williams: Provides Council an overview of the project. Discussion
on transferring or purchasing the water rights for the City. Staff recommends
approval. General discussion.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Bastian moves to approve PP-02-07 - Preliminary Plat for AguilaMountain Estates Subdivision - Red Rock Development with the Site
Specific and Standard Conditions of Approval with a change in Site
Specific Condition #13 to strike B' and replace it with 5'. Seconded byGuerber. Discussion. Bastian amends his motion to include thewording in #16 and add the following: " or bonding for 1.5 times of theestimated cost of the construction of the sidewalk". Second concurs.ALL AYES: MOTION CARRIES.........
C. 1 B-06/RZ-24-06 & PP-21-06 - Annexation and Rezone from RUT to
MU-DA and Preliminary Plat for Eagle Gateway South - Cornerstone
Group, LLC:Cornerstone Group, LLC, represented by Walter Lindgren withJohnson Architects and Morton McMillen, P., with McMillen Engineering,
LLC , is requesting approval of an annexation and rezone from RUT (Rural
Urban Transition) to MU-DA (Mixed Use with a Development Agreement in
lieu of a PUD) and preliminary plat for Eagle Gateway South , a mixed usecommercial and residential development. The 56.86-acre, 98-lot subdivision
114-unit (71-single-family, 42-multi-family (contained within 5-lots), 16-commercial, and 6-common) is located on the southeast corner of State
Highway 44 and E. Riverside Drive at 1650 E. Riverside Drive. (WEV)
9/1312007
City of Eagle -- May 22 , 2007 minutes Page 7 of 12
Mayor introduces the issue.
Mayor swears in Walter Lindgren
Walter Lindgren, Johnson Architects, representing the applicant, displays
overheads and provides Council an overview of the project. General
discussion.
Discussion on the ponds.
Planner Williams: One of staff's concerns was parking and I have asked the
applicant to discuss parking.
Walter Lindgren provides Council an overview of the parking for the project.
General discussion.
Mayor swears in Scott Stewart
Scott Stewart, I have spent a lot of time on this assisting Walter on the
parking issues. I have done a lot of research on these numbers and they are
conservative numbers. Discusses parking numbers and shared parking.
General discussion.
Mayor swears in Marshall Smith
Marshall Smith, I have been working with Scott and his group on their theater
idea for several months. We have been looking for a theater site here for
some time. Discusses parking.
Mayor calls a recess at 9:25 p.
Mayor reconvenes at 9:35 p.
Planner Williams: I believe Water has covered the project as to where we
are. Provides the Council an overview and history of the project. Generaldiscussion.
Mayor opens the Public Hearing
Mayor swears in Chad Longston,
Chad Longston" 2615 E. Aspenwood , I'm the property owner directly to the
West known as Lonesome Dove. We have jointly come up with a master
plan here. We are definitely in favor of this project. We have been in close
communication so we can do a project that blends well together and we have
branded this as the River District which includes both of our projects.
Discusses the amenities of both projects.
Scott Stewart, further discussion on the theater and the parking. General
discussion.
Mayor closes the Public Hearing
General Council discussion.
Mayor reopens the Public Hearing
Scott Stewart: we would propose that we match the requirements of
Lonesome Dove. General discussion.
Bastian moves to continue A-18-06/RZ-24-06 & PP-21-06 - Annexation and
Rezone from RUT to MU-DA and Preliminary Plat for Eagle Gateway South -
Cornerstone Group, LLC to the June 12, 2007 City Council meeting and
have the developer reexamine the driveway situation to the single dwelling
units and come up with a concept plan dealing with the driveways. Motion
dies for lack of a second.
Further general Council discussion.
Bastian moves to approve A.18.06/RZ.24.06 & PP-21.06 . Annexation
and Rezone from RUT to MU-DA and Preliminary Plat for Eagle Gateway
South for all portions of this proposed subdivision except the
residential units and that we continue the preliminary plat portion of
this subdivision for residential units to the June 12 2007 City Council
meeting and at that time we establish the Site Specific Conditions and
9/13/2007
City of Eagle -- May 22 , 2007 minutes Page 8 of 12
questions as to driveways and set backs. Seconded by Bandy.
Discussion. Bastian amends his motion to state: only to the single
family units of this subdivision. Discussion. Bastian amends hismotion to state: To see all residential come back to us so we can see
concept drawings of typical house and typical condominiums. Second
concurs. All AYES: MOTION CARRIES...............
D. CU-O3-07/PPUD-O1-07/PP-O3-07 - Alderwood No.3 Planned UnitDevelopment - Wayne Swanson:Wayne Swanson represented by Matt
Price with JJ Howard Engineering/Surveying is requesting conditional use,
preliminary development plan , and preliminary plat approvals for Alderwood
No.3 Planned Unit Development, a 12-lot (11-buildable, 1-common) plannedresidential development. The 2.75-acre site is located at 985 W. State Street
approximately 450-feet west of South Grandean Way.
Mayor introduces the issue.
Mayor swears in Matt Price
Matt Price, JJ Howard Engineering, representing the applicant, displaysoverheads and provides Council an overview of the development.
Planner Williams, displays overheads and provides Council an overview of
the project. General discussion.
Mayor opens the Public Hearing
Mayor swears in Wayne Swanson
Wayne Swanson , 1802 Rush Road, I am the owner of the property we arespeaking about. I don t like to do rear loaded garages. I build custom
houses. Everyone I've built houses for want a back yard and that is why I
don t want to do rear loaded garages. Discussion on the size of the lots.
Discussion on the irrigation systems. General discussion.
Matt Price, discussion on back yards. General discussion.
Mayor closes the Public Hearing
General Council discussion.
Guerber moves to approve CU-O3-07/PPUD-O1-07/PP-O3-07 - AlderwoodNo.3 Planned Unit Development with the stipulation as set down by
Planning and Zoning with the additional stipulation that final approvaltake place when official correspondence from Mr. Steven son setting
out the agreement for the development of the roadway and other
relationships with Alderwood No.2 is received and approved by Staff.Seconded by Bandy. Discussion. Guerber amends the motion to
stipulate that we would allow the additional guideline for front entry,
side loaded garages with access from Stevesons Street. ALL AYES:
MOTION CARRIES......................
Mayor calls a recess at 11 :15 p.
Mayor reconvenes at 11 :20 p.
8. NEW BUSINESS:
A. 2006000265-S/ZC/PUD/DA - lanewood Estates Planned UnitDevelopment - lanewood Investments. lLC (Ada County Application):
Lanewood Investments, LLC, represented by David Yorgason with Capital
Development, Inc., is requesting a rezone with a development agreement
from Rural Urban Transitional (RUT-Ada County designation) to Low Density
Residential (R2-Ada County designation), planned unit development, andpreliminary plat subdivision approvals for Lanewood Estates, a 426-lot (381-buildable, 45-common) planned residential development. The 190.52-acresite is bordered on the south of W. Floating Feather Road, on the west by N.Lanewood Road , on the east by N. Linder Road, and on the north by N.Beacon Light Road and is located at 2810 Lanewood Road. This site islocated in the Eagle Area of Impact. (WEV)
Mayor introduces the issue.
9/13/2007
City of Eagle -- May 22, 2007 minutes
. .. .
Page 9 of 12
Dave Yorgason, Capital Development, displays overheads and provides
Council an overview of the project. General discussion.
Planner Williams: Provides the Council an overview of the transmittal.
General discussion.
General discussion on the water provider for this project.
Mayor calls a recess at 12:10 a.
Mayor reconvenes at 12:12 a.
Guerber moves to go into Executive Session for the discussion of
pending litigation, Idaho Code 67-2345(f). Seconded by Bastian.
Bastian: AYE; Guerber: AYE; Bandy: AYE: ALL AYES: MOTIONCARRIES.....................
Council goes into Executive Session at 12:12 a.
Council discusses pending litigation.
Council leaves at 12:55 a.
City Attorney Buxton: We had an Executive Session with the applicant andcame to a concept of a settlement with regard to our issues that we are set
for hearing On May 24th before the PUC.
We have come up with a suggestion that the City will recommend approval of
the PUD that was presented here tonight with the Developers agreement to
stay the PUC application for United Water extending their certificated area
over the Lanewood Estates and the Developer would consent to annex the
PUD into the City upon the approval of the PUD by Ada County which is
substantially similar to what is presented tonight. The developer would agree
to have the PUD served by the City Water System in compliance with Eagle
City Ordinances and if at the time the Lanewood PUD needs to hook up to a
public water system and the City system is not available to do so then the
PUG matter would be reinstated with regard to whether that area should be
served as part of the United Water certificated area.
My recommendation that if the City agrees with these terms that you direct
me to work with the developer to try and draft this document and that you
continue this meet to later today because it is the 23rd and we can potentially
have an agreement that you can approve. I would also ask that one of the
Yorgason come forward on the record and state that they agree with this
concept.
Ramon Yorgason, Capital Development, We appreciate the Council and theCity Attorney working with us on this settlement approach. We certainly
agree to negotiate a settlement and work forward as soon as possible and I
would like to ask the City Attorney to contact our attorney, Bob Burns, and
we will be available to answer any questions. It is our understanding that
the City will support our application to the County and that we will make
application as soon as possible without jeopardizing our County application
and would make application to the City for annexation and the City water
service and if the City water service is not available we will find another
solution possibly United Water.
City Attorney Buxton: We do have a rough document that we looked at and I
will supply copies to everyone. Pick a time that you are available tomorrow.
Mayor: Susan, we just make a motion upon what you just stated?
So moved by Guerber. Seconded by Bandy. Discussion. Guerber
amends his motion to set the meeting time at 3:00 p.m. Second
concurs. ALL AYES: MOTION CARRIES............
General discussion.
City Attorney Buxton: The above Council motion continues all matters
remaining on the agenda to the meeting today, May 23,2007 , at 3:00 p.
9/13/2007
City of Eagle -- May 22 2007 minutes Page 10 of12
MAY 23, 2007
CALL TO ORDER:Mayor calls the meeting to order at 4:03 p.
Bastian is present by a telephone conference call. Nordstrom is absent. A
quorum is present.
88. Request for purchase of Fallen Soldier Statue:- Mayor Merrill
Mayor introduces the issue.
Discussion on the May 23, 2007 Memo from Barbara Burton, CoordinatorEagle Arts Commission, in regards to the Arts Commission request to go
through a public process of asking for ideas and artist proposals with input
from the public vs. selecting a non-community based work of art.
Council concurs that the Fallen Soldier Statute project is in conjunction with
the Healing Fields and the Mayor s Youth Action Council and that individuals
have contributed to the purchase of the statute at the Healing Fields event
and further funding raising will pay for the statute. This is a public project
and will not be paid for by City funds.
Bandy makes a motion to approve the purchase of the Falling Soldier
Statute in the amount of $4,400.00. Seconded by Guerber. Bastian:
AYE; Guerber: AYE; Bandy: ALL AYES: MOTIONCARRIES......................
8C. Security Camera system for municipal parks:- (OM)
Mayor introduces the issue.
Guerber moves to approve the proposal presented last night for the
security camera system for municipal parks up to the amount of
$19,500.00. Seconded by Bandy. Discussion. Bastian: AYE; Guerber:AYE; Bandy: ALL AYES: MOTION CARRIES......................
80. Flag poles for City Hall:- (OM)
Mayor introduces the issue.
Guerber moves to authorize the purchase of the three flag poles in an
amount no to exceed $12,228.00. Seconded by Bandy. Bastian: AYE;
Guerber: AYE; Bandy: ALL AYES: MOTION CARRIES......................
8E. Resolution 07-: A Resolution To Support And Participate In The
Development Of Adequate Public Facilities Ordinances Specifically Including
Those For Land Use And Transportation; And Providing An Effective Date.
(WEV)
Mayor introduces the issue.
General discussion.
Guerber moves to table Resolution 07-13 to the June 12 , 2007 CityCouncil meeting. Seconded by Bandy. ALL AYES: MOTIONCARRIES....................
9. UNFINISHED BUSINESS:
A. Vizcaya Subdivision Water Main Oversizing Reimbursement:This
item was continued from the May 2007 meeting. (OM)
Mayor introduces the issue.
General Council discussion.
Bandy moves to approve the Vizcaya Subdivision Water Main
Oversizing Reimbursement as presented by the Public Works Director;
Vizcaya Subdivision will be given a credit of $24 000.00 towards STLfees and the balance of $11,000.00 will be paid out of the Water FundsSTL Fees and work to develop a funding source for similar situations inthe future. Seconded by Bastian. Bastian: AYE; Guerber: AYE; Bandy:
ALL AYES: MOTION CARRIES......................
9/13/2007
City of Eagle -- May 22, 2007 minutes Page 11 of 12
B. Vehicle Purchase for Public Works Department:(DM)
Mayor introduces the issue.
Guerber moves to authorize the lease of a 2006 Chevrolet Envoy from
Garden City for $300.00 per month for the remained of the fiscal year
with the understanding that this will be credited towards the purchase
of the vehicle in the next fiscal year for $20,000.00 and authorized
spending the $300.00 per month. Seconded by Bandy. Bastian: AYE;
Guerber: AYE; Bandy: ALL AYES: MOTION CARRIES......................
Bandy: I would like to have a budget summary report on the June 19, 2007
City Council meeting. We have made a number of expenditures over the
course of this year and I would like to see where we stand on some of these
items.
Continued from May 22 , 2007 Council Meeting at 1 :00 a.m. May 23,2007.
8. NEW BUSINESS:
A. 2006000265-S/ZC/PUD/DA - Lanewood Estates Planned Unit
Development - Lanewood Investments. LLC (Ada County Application):
Lanewood Investments, LLC, represented by David Yorgason with Capital
Development, Inc., is requesting a rezone with a development agreement
from Rural Urban Transitional (RUT-Ada County designation) to Low Density
Residential (R2-Ada County designation), planned unit development, andpreliminary pfat subdivision approvals for Lanewood Estates, a 426-lot (381-buildable, 45-common) planned residential development. The 190.52-acresite is bordered on the south of W. Floating Feather Road , on the west by N.Lanewood Road, on the east by N. Linder Road, and on the north by N.
Beacon Light Road and is located at 2810 Lanewood Road. This site
located in the Eagle Area of Impact. (WEV)
City Attorney Buxton: This item was continued from the May 22, 2007 CityCouncil meeting for settlement discussion. I would recommend that the
Council go into Executive Session under Idaho Code 67 -2345(f) to discussthis matter further and work with Capital Development and their attorney to
settle this matter.
Guerber moves to go into Executive Session for the discussion of
matters under Idaho Code 67-2345(f). Seconded by Bandy. Bastian:
AYE; Guerber: AYE; Bandy; ALL AYES: MOTIONCARRIES....................
Council goes into Executive Session at 4:20 p.
Council discusses pending litigation.
Council leaves Executive Session at 6:45 p.
Bastian moves to authorize the City Attorney to complete the
annexation and cooperation agreement with Capital Development, Inc.
consistent with the discussion held at approximately 1 :00 a.m. andauthorize the Mayor to sign. Seconded by Bandy. Bastian: AYE;Guerber: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.........
10. EXECUTIVE SESSION:
A. Acquisition of private property: I.C. S 67-2345(c)B. Personnel Matters: LC. S67-2345(A and/or B)
THIS EXECUTIVE SESSION WAS NOT HELD.
City Engineer Report: None
Zoning Administrator s Report: None
11. ADJOURNMENT:
Hearing no further business, the Mayor adjourned the meeting at 6:50
9/13/2007
City of Eagle -- May 22 2007 minutes Page 12 of 12
. '
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE
AT EAGLE CITY HALL
Contact City Hall at [phone] - 660 E. Civic Ln. . or P.O. Box 1520 Eagle. Idaho 83616 eaglecity(Q)cityofeagle.org
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9/1312007
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ANNEXATION AND COOPERATION AGREEMENT
THIS ANNEXATION AND COOPERATION AGREEMENT (this
Agreement') is made effective upon its fuU execution below , by and between the City of Eagle
a municipal corporation in the State ofIdaho ("Eagle ), and Capital Development, Inc., an Idaho
corporation ("CDI"
PRELIMINARY STATEMENT
CDI has filed with Ada County certain land use applications ("CDl's
Applications ) with respect to CDl's proposed development of certain property (the "Property
owned by CDl's affiliate Lanewood Investments , LLC, an Idaho limited liability company
Lanewood Investments ), as more particularly described in the Preliminary Plat Staff Report
attached hereto as Exhibit A. In connection with its proposed development of the Property,
CDI has requested United Water Idaho Inc. ("United Water ) to provide water service to the
Property in accordance with the Application of United Water Idaho Inc. to Amend and Revise
Certificate of Convenience and Necessity No. 143 (Case No. UWI-07-02) currently pending
before the Idaho Public Utilities Commission ("United Water s Application ). Eagle has
heretofore opposed both CDl's Applications and United Water s Application based principally
on Eagle s determination that it wiU obtain in the near future those water rights necessary to
provide water service to the Property through Eagle s municipal water system and its resulting
desire to annex the Property into the City of Eagle.
AGREEMENT
NOW, THEREFORE, in order to resolve their differences on mutuaUy
advantageous terms, allow for CDl's orderly development of the Property without undue and
costly delay, and provide for United Water s service of water to the Property in the event Eagle
is unsuccessful in obtaining the water rights it requires to service the Property, the parties agree
as follows:
1. CDI and Eagle will jointly request United Water and the Idaho Public
Utilities Commission (the "IPUC") to continue the hearing of United Water s Application
currently set for May 24, 2007, to the first available date occurring after August 24, 2007. Eagle
will provide to CDI written status reports on the progress of the water service plans with respect
to the Property approximately every two (2) weeks until Eagle can provide water service to the
Property.
2. Eagle shall provide water service to the boundary of the Property. The
Property shall be serviced by Eagle s municipal water system in accordance with aU applicable
provisions of the Eagle City Code.3, Eagle shall promptly withdraw all opposition to CDl's Applications and
not further oppose the same so long as CDI makes no material amendment thereto; provided
however, CDI shall not be limited by this provision in negotiating the modification of conditions
ANNEXATION AND COOPERATION AGREEMENT - 1
052307 1415
BOLMT2:650954.
EXHIBIT 302
of approval to CDI's Applications proposed by or through Ada County. Eagle shall also
expeditiously review and promptly provide any comments it may have on any approval of CDI'
Applications granted by the Ada County Planning and Zoning Commission.4. CDI shall apply to Eagle to annex the Property promptly following Ada
County's approval ofCDI's Applications , which annexation application shall be subject to the
following terms:
(a)Eagle shall waive all fees applicable to the annexation application;
(b) The Property shall be annexed subject to CDI's vested right to
develop the Property on those terms and conditions approved by Ada County and otherwise in
accordance with Ada County s development ordinances and standards in effect as of the filing of
CDI's Applications;
(c) Eagle shall covenant to expeditiously review all improvement
plans submitted by CDI to Eagle with respect to the development ofthe Property, including,
without limitation, the plans for water service; and
(d) Eagle shall not adopt an ordinance annexing the Property until
water service has been provided to the boundary of the Property for delivery of water.
5. Notwithstanding the provisions of Section 4(b) above, CDI may seek
Eagle s consent to eliminate certain ofthe stub streets on the eastern boundary of the Property as
reflected in CDI's Applications , provided the Ada County Highway District consents to same
and to revising the length of the blocks in CDI's proposed development in accordance with
Eagle s development standards.
This Agreement shall be construed in accordance with the law of the State
of Idaho.7. This Agreement constitutes the final and entire expression of the parties
and supersedes all prior agreements and understandings, either oral or written, regarding the
Property and may only be amended by a written agreement signed by the party to be bound.
8. This Agreement is binding upon and shall inure to the benefit ofthe
parties and their successors and assigns.9. If any part of this Agreement is held to be invalid or unenforceable, such
provision shall thereupon be modified to the minimum extent necessary to make it or its
application valid and enforceable, and the invalidity or lack of enforceability of one or more
provisions shall not affect the remainder of this Agreement.
10. The failure of any party to enforce any covenant or condition of this
Agreement shall not impede or otherwise limit such party s right to enforce the terms ofthis
Agreement upon any subsequent breach.
ANNEXATION AND COOPERATION AGREEMENT - 2
052307 1415
BOI MT2:650954.
11. The parties agree that, in the event of any judicial proceeding arising out
of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees
and costs incurred in connection with such action or proceeding, including those incurred on
appeal.
12. This Agreement shall be executed in counterparts, each of which shall be a
fully executed original and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of
the date indicated opposite each signature below.
CITY OF EAGLE
a municipal corporation organized and existing
under the laws of the State of Idaho
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By:
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'J!- I~ D
on K.Bergmann, City Clerk
CAPIT AL DEVELOPMENT, INc. ,
an I 0 corporation
By:
J. Ramon Yor
By its execution below, the undersigned
acknowledges and consents to the terms
of the foregoing Agreement
LANEWOOD INVESTMENTS, LLC
an Idaho imited liability company
By:
J. Ramon Yorg
ANNEXATION AND COOPERATION AGREEMENT - 3
052307 1415
BOLMT2:650954.
CITY OF EAGLE
PRELIMINARY PLAT STAFF REPORT
ADA COUNTY TRANSMITTAL
DE:SCRW\)JION: LANEWOOD ESTATES)~AN~D UNIT DEVELOPMENT
:. -
FILE NUMBER: 2006000265-S/ZC/PtID/DA
APPLICANT:CAPITAL DEVELOP~~T INC.
:~~~~~I~~
BOISE ID"3'11~:
- '
REPRESENT-ED'BY:D~VIDRYOR~A~PN
6~OO' N ~NlEE~~PLACE
BOISE, m'837l3
PJJOl\~ - 2()s.,..$j1~3939
lf~,J:o&;~V:$:+3$V1.
PLANNING AND ZONING COMMISSION HEARING DATE: May 7 2007
TENTATIVE CITY COUNCIL HEARING DATE: May 15 , 2007
PROJECT SUMMARY:
Lanewood Investments, LLC, represented by David Yorgason with Capital Development, Inc., isrequesting a zone change with a development agreement, planned unit development, and
preliminary plat subdivision approvals for Lanewood Estates, a 426-lot (38 I-buildable, 45-common) planned residential development. The 190.52-acre site is bordered on the south of Floating Feather Road, on the west by N. Lanewood Road, on the east by N. Linder Road, and on
the north by N. Beacon Light Road and is located at 2810 Lanewood Road. This site is located
the Eagle Area of Impact.
STAFF RECOMMENDATION:
Based upon the information provided to staff to date, staff recommends denial of the requested
subdivision.
NOTE: The site specific conditions of approval herein are solely a recommendation of City staff.The final decision as to the recommendation to Ada County is totally subject to tbe City Council'
determination.
EXHIBIT A Exhibit No. 205
Case No. UWI~07-
Nancy Merrill, City of EaglePage 1 of 16
Do........',..u! Seniogr.BM5.MSBTlA\V,~ S"'~-.Tcmp"r"'Y In'ana Fiks'OUUC1OO'OOOI7 ~zc.rUD-D.~ Lanco."od Est.'.. ",C.d""
STAFF FINDINGS OF FACT:
PROJECT SUMMARY:
Lanewood Investments, LLC, represented by David Yorgason with Capital Development
Inc., is requesting a zone change with CI development agreement, planned unit
development, and preliminary plat subdivision approvals for Lanewood Estates, a 426-lot
(38 I-buildable, 45-common) planned residential development. The 190.52-acre site is
bordered on the south ofW. Floating Feather Road, on the west by N. Lanewood Road, on
the east by N. Linder Road, and on the north by N. Beacon Light Road and is located at
2810 Lanewood Road. This site is located in the Eagle Area ofImpact.
APPLICATION SUBMITf AL:
This is an Ada County application for a proposed subdivision located within the Eagle
City Area of Impact and contiguous to the City of Eagle. The subdivision is subject to the
requirements outlined within the Eagle Area of Impact Agreement between Ada County
and the City of Eagle. Subdivisions in the Impact Area shall be evaluated for conformance
with the City of Eagle s Subdivision Code, Title 9 , Chapter 3, and Title 9 Sections 9-4-
through 9-12.
NOTICE OF PUBLIC HEARlliG: Responsibility of Ada County.
mSTORY OF PREVIOUS ACTIONS: None
COMPANION APPLICATIONS: All applications are inclusive herein-
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONJNG LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to two RUT (Ada County Agricultural
units! acre)DesignatiOn)
Proposed No Change R1 (Ada County Designation-Single Family,
Low Density Residential)Residential Planned
Unit Development
North of site Transitional Residential RUT (Ada County Residential and
Designation)agricultural
South of site Residential Two (up to two DA-P (Residential Legacy Development
units! acre)maximum two units!acre with (Mosca Seca
a development agreement and Subdivision)
a planned unit development)
East of site Residential Two (up to two RUT (Ada County Agricultural
units/ acre)Designation)
\Vest of site Residential Two (up to two RUT (Ada County Agricultural
units! acre)Designation)
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DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, IDA, CEDA, or DSDA.
SITE DATA:
Total Acreage of Site - 190.
Total Number of Lots - 426
Residential - 381
Commercial - 0
Industrial - 0
Common - 45
Total Number of Units - 381
Single-family - 381
Duplex - 0
Multi-family - 0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre Two units per acre Up to two units per acre
Minimum Lot Size 700-square feet 17 ,OOO-square feet
(Except that a decrease ofminirnum
lot size in a subdivision may be
allowed if there is an offsetting
increase of the same squClre-foorage
in open space and a planned unit
development is applied for and
approved) - per ECC Section 8-2-4
(G).
Minimum Lot Width 70-feet 75-feet (minimum)
Min.im.um Street Frontage 30-feet 35-feet (minimum)
Total Acreage of Common Area 35.36-acres 50.87-acres (minimum)
19.05-acres for 10% nrinimum
plus 31.82-acres for lots
smaller than the minimum -
per ECC Section 8-2-4 (G)
(Except that, according to ECC
Section 9-8 (C) the City may
require additional public and/or
private park or open space racHides
in PUDs or in subdivisions with 50
or more lots.
Percent of Site as Common Area 18.56% *26.7% (minimum-see above)
Except that, according to ECC
Section 9-8 (C) the City may
require additional public and/or
private park or open space facilities
in PUDs or in subdivisions with 50
or more lots.
*Note: TIle Common Area calculation is inclusive of the areas adjacent to the irrigation canals and
drainage ditches throughout the site.
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GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on April 3, 2007, shows a thirty-five foot
(35') wide common lot adjacent to N. Lanewood Road and fifty foot (50') wide common
lots adjacent to N. Linder Road, W. Floating Feather Road, and W. Beacon Light Road.
The preliminary plat also shows the drainage ditches to be located within common lots
approximately one hundred feet (100') in width.
Open Space:
The common areaJ1andscape lots table provided on the preliminary plat shows 1 540 487
square feet (35.36 acres) of common area inclusive of the open space areas, buffer areas
adjacent to the pubic roads, areas adjacent to the drainage ditches, and the landscape
islands located within the public roads.
Storm Drainage and Flood Control:
Street drainage plans are to be submitted by the applicant to Ada County as required by
the County s Subdivision Ordinance
Utility and Drainage Easements, and Underground Utilities:
Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines when deemed necessary. Total easement width shall not be less than twelve
feet (12'
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On -site Septic System (yes or no) - yes
There are two existing residences located on two separate parcels are currently served by
septic systems. The applicant will be required to obtain the proper permits and abandon
the existing septic system.
STREET DESIGN:
Private or Public Streets:
All streets within the development are proposed to be constructed as thirty three foot (33'
wide street sections, as measured tram back of curb to back of curb, and located within
fifty-feet (50') of public right-of-way.
Applicant s Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
The preliminary plat does not show a street section for the cul-de-sac however, it appears
that the right-of-way is one hundred feet (100') in width. The islands shown within the
cul-de-sacs have a twenty foot (20') wide diameter.
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Sidewalks:
A detached five--foot (5') wide concrete sidewalk is proposed abutting both sides of the
roadway.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
Lighting:
Lighting for the proposed streets is required.
Street Names:
Street name should be approved by the Ada County Street Name Committee prior to fmal
plat approval. Any modifications of street names shall be completed before fmal plat
approval.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-or-way or separate easement., as may be specified
by the City CounciL
PUBLIC USES PROPOSED: None proposed
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain-no
Mature Trees - yes - adjacent to existing residences
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: - yes - irrigation and drainage ditches
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
AGENCY RESPONSES:
Since this is an Ada County application the City of Eagle does not transmit to the agencies
that may be impacted by the development; therefore, the City will not receive agency
responses regarding the developmenL
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LETTERS FROM THE PUBLIC: None received to date
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF TIrE SITE:
The applicant indicated within the naITative dated January 22, 2007, that due to the large
scale of the development, they have not identified the phasing and construction schedule
the narrative goes on to state that the applicant is planning to start construction
immediately upon County approval and will develop the property as efficiently as the
market will allow. However, there is a phasing plan provided with the submittal that
shows eighteen (18) phases for the project The applicant should provide a time schedule
for the phasing plan submitted with the application.
STAFF. ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
TIllS PROPOSAL:
Chapter 6 - Land Use
6.3 Land Use Designations
Residential Two
Suitable primarily for single family residential development within areas that are
rural in character.
Goal
To preserve the rural transitional identity.
Objectives
To encourage the preservation of open spaces.
Chapter 9 - Parks, Recreation and Open Spaces
Open Space
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
Goal
To provide wherever possible open space and natural features such as
natural river frontage, greenbelts, river trails and pathways, creeks, flood
plains and flood ways, drainage ways and canals, development buffers
wooded areas, grasslands, foothills, and viewpoints for public use and
enjoyment.
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B. SOARJNG 2025 COMPREHENSNE PLAN PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL
This property is within the Village Planning Area as recognized in the 2025 Western Area Plan,
Chapter 1 - Introduction
1.4 Relationship to Ada County Planning
The goals and policies of this plan are intended to be applied within the Eagle City
limits and the negotiated Eagle .Area of City Impact. The City acknowledges that the
COWlty may not have all the tools and codes necessary to implement this plan and win
upon transmittal and review recommend to the county which county codes and
appropriate conditions should be implemented to best implement and meet the intent
of the Eagle Comprehensive Plan. It is the desire of the City of Eagle to have the
majority of the urban development occur under the jurisdictional authority of
the City and connected to municipal services.
Chapter 2 - Community Design
5 Implementation Strategies
s. All urban development shall occur under the jurisdictional authority of the
City and be connected to municipal services.
Chapter 4 - Public Facilities and Services
1 Background
As the City of Eagle develops westward it is important to understand the variety and
availability of services within the area. Numerous special districts combine with City
services to protect and enhance the health safety and welfare of the Eagle community.
6.3 Implementation Strategies
h. Ensure all new development with in the Western Planning Area connects
to municipal water services.
10.2 Chevron Pipeline
The Chevron Pipeline is a portion of the gasoline transport system across the
United States from Alaska and crosses from northwest to southeast through. the
western planning area. (See Map 4.5) At the time of construction most ofthe
Eagle area was rural and the depth of the pipe was shallow, less than 20 feet. As
the are develops it is important to identify the Chevron right-of-way, provide
significant seatbacks and buffers and encourage inspection of the line to ensure
development is not encroaching on this facility.
Chapter 6 - Land Use
3 Objective
The land use map and associated policies shall be the official guide for den:lopmenl in
the City of Eagle and shall be implemented through the zoning and development
review process.
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6.4 Implementation Strategies
c. Use smaller planning areas to help guide development in the western
planning area.
Appendix I - Glossary
Municipal Services Services, such as sewer water and library, owned and/or
managed by the City of Eagle to property owners within or adjacent to the city.
C. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area:
Maximum
Height
Minimum Yard Setbacks Note Conditions A To F*
rrontllRea
Interior !sueet I Maximum Lot Minimum Lot AreaSide Side Covered (Acres Or Sq. Ft.) G
And H*
10' 20' 40% 17.000 75'
Minimum
Lot
Width 1*
35'
Eagle City Code Section &-2-4(B):
Additional 5 feet per story setback for multi-story structures. Height not to exceed 3 stories
except by conditional use permit
Eagle City Code Section 8-2-4(G):
A decrease of minimum lot size in a subdivision may be allowed if there is an offsetting
increase of the same square footage in open space and a planned unit development is applied
for and approved.
Eagle City Code Section 8-2-4(1):
Lot width shall be detennined as follows: the distance between side lot lines measured at a
point midway between the front and rear lot lines. Minimum lot frontage, the portion of a lot
front adjacent to a public or private street.. for all residential zoning districts shall be 35 feeL
Eagle City Code Section 8-2A97: Landscape and Buffer Area Requirements:
J. Buffer Areas/Common Lots:
I. Defmition: A transition zone or buffer area consists of horizontal space (land) and
vertical elements (plants, benns, fences, or walls). The purpose of such buffer space is
to physically separate and visually screen adjacent land uses which are not fully
compatible due to differing facilities, activities, or different intensities of use, such as
townhouses and a convenience store, or a high volume roadway and residential
dwellings.
4. Major Roadways: New residential developments, including, but not limited to
subdivisions and multi-family de\-e!opments, shall be buffered from streets classified
as collectors. arterials, freeways, or expressways to protect residential communities
from noisy, potentially dangerous, high speed roads. The "buffer area" shall
defined as the distance from the outside wall of the lowest story of any single-family
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attached or detached dwelling and the right of way line oftbe roadway. The lowest
story must be screened ITom the view of any street classified as a collector, arterial,
freeway, or expressway. This buffer is required either on individual lots or as an
easement, or as part of the cornmon open space owned and maintained by a
homeowners' association. Any landscaping proposed to be within the public right
way shall not be included as a part of the buffer area required below. The height for
berminglfencing, as noted below, shall be measured from the elevation of the final
grade of the adjacent roadway (measured at the centerline) to the top of the proposed
berming/fencing. The requli-ed buffer area width, plantings, and fencing are as
follows:
b. Any road designated as a minor arterial on the Ada County long range
highway and street map:
A minimum of fifty feet (50') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet
of right of way: five (5) shade trees, eight (8) evergreen trees, three (3)
flowering/ornamental trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that
not more than fifty percent (50%) of the shade trees are substituted.
A minllnum five foot (5') high, maximum eight foot (8') high, berm
decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall., or combination thereof shall be provided within the buffer area.
The maximum slope for any berm. shall be three feet (3') horizontal distance to
one foot (1') vertical distance. If a decorative block wall, cultured stone,
decorative rock, or similarly designed concrete wall is to be provided, in
combination with the berm, a four foot (4') wide flat area shall be provided for
the placement of the decorative wall. Chainlink, cedar, and similar high
maintenance andlor unsightly fencing shall not be permitted.
Eagle City Code Section 8-3 Applicable Plans Policies and Ordinances:
A. The Eagle comprehensive plan, as adopted and amended by the city on September 14
2004, by resolution 04-15, shall apply within the Eagle area of city impact, adopted on
June 22, 2004, by ordinance 475 and as may be amended from time to time. Subsequent
amendments to the aforesaid Eagle comprehensive plan shall apply within the Eagle area
of city impact if the city and the county so agree.
C. Applications for subdivision development in the Eagle area of City impact shall be
evaluated for conformance to the design and improvement standards contained in the
Eagle City Code, Title 9, Chapter 3, and in Chapter 4, Sections 9-4-1 through 9-4-12.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECrAL CONCERN REGARDING
THIS PROPOSAL:
Eagle City Code Title 9, Chapter 3 Design Standards
1 Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions
improvements and facilities done, constructed or made in accordance with said provisions
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shall comply with the minimum design standards set forth in this chapter; provided
however, that any higher standards adopted by any highway district, the Idaho
transportation department or health agency shall prevail over those set forth herein.
2 Streets and Alleys:
1 Location:
Street and !oad location shall conform to the following standards:
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than five hundred feet (500') in
length and shall terminate with an adequate circular turnaround having a minimum radius
offlfty feet (50') of right of way with the following exceptions:
I. Alternative types of turnarounds for cul-de-sacs which will provide access to less than
thirteen (13) dwelling units may be permitted by the city if approved by the fife
department and the highway district having jurisdiction.
2. In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres, cul-de-sac streets up to a maximum of one thousand five hundred feet (1,500'
in length may be permitted by the city if approved by the fife department and the
highway district having jurisdiction. No more than twenty (20) dwelling units shall be
permitted on said cul-de-sac.
3. In zoning districts which prohibit densities greater than one dwelling unit per five (5)
acres, cul-de-sac streets up to a maximum of two thousand eight hundred feet (2,800')
ill length may be permitted by the city if approved by the fife department and the
highway district having jurisdiction. No more than twenty (20) dwelling UIlits shall be
permitted on said cul-de-sac.
5 Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and
area regulations as sel forth in section 8-2-4 of this code.
3-6 Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines when deemed necessary. Total easement width shall not be less than twelve feet (12').
B. Unobstructed drainageway easements shall be provided as required by the city council.
C. All natural drainage courses shall be left undisturbed or be improved in a manner which will
improve the hydraulics and ease of maintenance of the channeL
8 Public Sites and Open Spaces:
Public sites and open spaces shall conform to the following standards:
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B. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the conununity (such as trees, watercourses, historic spots and
similar iITeplaceable assets) shall be preserved in the design of the subdivision.
C. Special Development: In the case of planned unit developments and large scale developments
the city council may require sufficient public and/or private park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development. (Ord. 88, 11-15-1983)
D. Open Spaces: The minimum percentage of the gross area that must be set aside for open spaces
in new subdivisions shall be as follows:
'Zoning DistrictllR-2 ! IR-3 IIR-4 t !R-5 IIR-251
OpenSpace 1110%1110%1110%1110%1110%
8 Water Sy51:em:
The provision of a public water system shall confonn to the following standMds:
A. All subdivisions within the Eagle city water service area shall comply with title 6, chapter
5 of this code.
Eagle City Code Title 6, Chapter 5 Water Systems
1 Rules and Regulations:
B. Scope: The water department and all customers receiving services from the water department
whether inside or outside the city limits.are bound by this chapter and the rules and
regulations of the water department
3: Service Area and Connection Requirement:
A. Service Area: The area serviced by the city shall be only that area within the corporate limits
of the city, which is so designated by the city council, and such other contiguous and
neighboring tenitory as the city council shall, from time to time, deem necessary to serve and
identified on the water service development plan map contained in the city of Eagle water
service master plan.
Eagle City Code Title 9, Chapter 4 Required Improvements
1: Improvements Required:
Every subdivider shall be required to install the following public and other improvements in
accordance with the following conditions and specifications.
9-4-1-6: PedestrianIB icycle Pathway and Sidewalk Regu lations:
A. Intent: The placement of pathways is intended to encourage nonmotorized roms
of travel, and to provide safe. convenient and aesthetic aItemative travel routes to
common destinations such as schools. parks, shopping centers, etc. The following
factors will be considered in the placement of any pathway. the utility and need
Page 11 of 16
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for a given pathway, impacts to existing neighborhoods, compliance with the
transportation/pathway network maps within the comprehensive plan, pathway
design as it relates to both crime prevention and function, and the responsibilities
of ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways, (except in
cases where it is shown to be inappropriate), that provides access to adjacent:
c. Adopted pathway elements within the comprehensive plan and the ridge to
rivers pathway plan;
d. Neighborhoods;
g.
Transportation or other community facilities, and vacant parcels, held
either publicly or privately which could provide future neighborhood
connection(s) to the above noted sites; and
h. In similar cases where deemed appropriate.
D. Pathway DesigIl.: While the city may exercise considerable discretion in
determining the design of pathways, the following minimum standards should be
followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10'
in width. Micropathways within subdivisions which are designed foc primary
use by the residences of the subdivision shall be a minimum six feet (6') wide
and shall be located within a sixteen foot (16') wide pedestrian access
easement. Regional pathways such as the Boise River greenbelt and pathways
located adjacent to major roadways shall be a minimum ten feet (10') wide
and shall be located within a twenty foot (20') wide pedestrian access
easement.
3. A five foot (5') wide landscaped arealbuilding and fence setback, as measured
from both edges of the paved path, shall be required, and will be owned by
either the abutting property owner(s) or a homeo\IIDers' association unless
accepted by a public entity. The five foot (5') wide landscaped area on either
side of the pathway may be decreased to a minimum of two feet (2') wide (as
measured from the edge of asphalt to the easement line) when used in
conjunction with a meandering pathway, however, the total width of the
. landscape area shall not be less than ten feet (10') (i.e. 2 feet on one side of
the path and 8 feet on the other). For safety ptlI1Joses, planting material in this
area is limited to three feet (3') in height. The landscape, fence and building
regulations for this area shall be indicated by a note on the plat.
E. Responsibility: The following provisions are intended to provide guidance to
those entities that are responsible for construction, maintenance and/or liability for
a path\\fay. installation costs, which may include construction of the paved path
are the responsibility of the developer.
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1. Homeowners' Association:
a. Pathway systems within a proposed subdivision providing access to
private common space and/or other amenities that are used solely by the
residents of a subdivision shall be 1:he responsibility of the homeowners
association.
9-4-7: Bicycle Pathways:
A bicycle pathway shall be provided within aU subdivisions as part oftbe public right
of way or separate easement, as may be specified by the city council.
9-4-1-9: Water Supply and Sewer Systems:
A. Construction; Extension: All public water supply or sewer systems (serving 2 or
more separate premises or households) shall be constructed in accordance with
any adopted local plans and specifications. All new public water supply or sewer
systems shall be an extension of an existing public system whenever possible. In
the event that the proposed public water supply or sewer system. is not an
extension of an existing public system, there shall be a showing by the subdivider
that the extension is not feasible and not in the best interest of the public.
C. Pressurized Irrigation Facilities:
1. For any new subdivision and/or PUD. to be provided with a public water
system and containing more than four (4) lots, all residential dwelling mrits within
such. subdivision shall be provided with a pressurized irrigation system to be
served with irrigation water unless a waiver, as outlined herein, is approved by the
city council.
9-4-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be
required for the protection of residential properties from streets classified as collectors
arterials. freeways/expressways, waterways, railroad rights of way or other features.
Subdivision plats shall show the location of all buffer areas.
D. DISCUSSION:
The Eagle Soaring 2025 Plan, Chapter One - Introduction, Section 1.4 Relationship to Ada
County Planning, indicates it is the desire of the City of Eagle to have the majority of the urban
development occur under the jurisdictional authority of the City and connect to municipal services.
The plan goes on to identify in Chapter 2 - Corrununity Design, Section 2.5 Implementation
Strategies All urban development shall occur under the jurisdictional authority of the City and
be connected to municipal services. The proposed Lanev.'ood Estates Subdivision is contiguous to
the City of Eagle therefore, to comply with the Eagle Soaring 2025 Plan, this development should
occur under the jurisdictional authority of the City. The applicant should submit an application to
the City of Eagle for an annexation, rezone. conditional use pennit, planned unit development, and
preliminary plat for Lanewood Estates Subdivision.
Lanewood Estates Subdivision is subject to the requirements outlined within the Eagle Area ofhnpact Agreement between Ada County and the City of Eagle. Subdivisions in the Impact Area
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shall be evaluated for conformance with the City of Eagle s Subdivision Code, Title 9, Chapter 3
and Title 9 Sections 9+1-1 through 9-4-12. The proposed development as shown on the
preliminary plat date stamped by the City on April 3, 2007, shows lots ranging from 7 700-square
feet to 28,O46-square feet in size. The applicant is requesting an R2 zoning designation through
Ada County, which has a 16 OOO-square foot minimum lot size. Per Eagle City Code Section 9-
;;, lots within any subdivis:ion shall comply in all respects with the official height and area
regulations as set forth in section 8-2-4 of the code. Per Eagle City Code Section 8-2-4, Schedule
of Building Height and Lot Area Regulations, the minimum lot size within an R-2 (Residential-up
to two units per acre) zone is 17 000 square feet. The applicant is proposing 3 8 I-buildable lots
within the subdivision, 237 of those lots, approximately 62%, are below the minimum lot size ofan R-2 (Residential-up to two units per acre) zone. The Building Height and Lot Area Regulations
also provides for a decrease of minimum lot size in a subdivision be allowed if there is an
offsetting increase of the same square footage in open space and a planned unit development is
applied for and approved. AJ; provided within this report within the Staff Finding of Facts, Section
H., Site Data, the required amount of open space for this development per EagJe City Code 9-
would be 2 215 965-square feet (50.87-acres), which is 26.7% of the site based on a 17,OOO-square
foot minimum lot size. This figure is based on an offsetting increase in open space of 1 386,147-
square feet (31.82-acres) plus the required ten percent (10%) open space of 829 818-square feet
(19.05 acres). The applicant should provide a revised preliminary plat showing an additional
386 147-square foot (31.82-acres) of open space for a total of 2,215 965-square feet (50.87-
acres).
The Eagle Comprehensive Plan designates the property as "Residential Two" with a density not to
exceed two units/acre. The "Residential Two" designation was envisioned to primarily allow for
single family residential development within areas that are rural in character. The Eagle Soaring
2025 Plan designates the property to be located within the "Village Planning Area" with the
overall densities south of Beacon Light Road to average one to two units/acre. The proposed
Lanewood Estates Subdivision has a density of two units per acre.
This development proposes features that maybe considered comparable to the City of Eagle
requirements for residential subdivisions with the exception of the amount of required open space
proposed. Design elements include street sections with five foot (5') wide concrete sidewalks
separated by an eight foot (8') wide landscape strip abutting both sides ofllie roadways, and buffer
areas abutting all roadways bordering the four (4) sides of the development. The 35.36-acres of
open space includes interconnecting pathways throughout the development, natural smface paths
adjacent to the large drainage ditches, five (5) open space areas larger than one (1) acre in size, a
swimming pool with a changing room, and four (4) tot lots.
The applicant should be required to place a note on the fmal plat which states that, "A11Iots and
construction shall comply in all respects with. the official height and area regulations as set forth in
Section 8-4 of the Eagle City Code" per Eagle City Code 9-5 (A) or as otherwise approved by
the Conditions of Approvai within the Development Agreement associated with Lanewood Estates
Subdivision.
The preliminary plat date stamped by the City 011 April 3. 2007, shows the cul-de-sac street N.
Premier Place to be approximately eight hundred feet (800') in length. North Premier Place
provides access to twenty two (22) residential lots. Eagle City Code prohibits cul-de-sac streets to
be more than five hundred feet (500') in length. The applicant should provide a revised
preliminary plat showing N. Premier Place to not exceed five hundred feet (500') in length or
provide a bulb-out at midpoint which provides an adequate area to turn emergency equipment
around.
Page 14 of 16
C:'DacomaIu ond s.ttiDgslBMS.MSB11.AW'.Local Sdtinj;s\Tcmporary Jill.",." FiIesIOLK.5CI2007GOOJ7 s-zC.PUD-IJA. ~'Oocl E""... stf.doc
The subject property is located in an area that the City of Eagle has identified to be within the
City's water service area. The applicant has indicated within their narrative dated January 22
2007, that water will be provided by United Water. Per Eagle City Code Section 9-4-, states inpart that all public water supply or sewer systems (serving 2 or more separate premises or
households) shall be constructed in accordance with any adopted local plans and specifications.Per Eagle City Code Section 9-, all subdivisions within the Eagle city water service area shall
comply with Title 6, Chapter 5, of this code. Since the proposed development is located in the City
of Eagle s water service area the applicant should be required to connect to City of Eagle water
system.
Per Eagle City Code Section 9-, lots within any SIlbdivision shall comply in all respects with
the official height and area regulations as set forth in Section 8-2-4. The proposed setbacks as
shown on the preliminary plat date stamped by the City on April 3, 2007, shows the setbacks for
lots within this development:Setbacks: Lots ? 16.000 square feetFront 25'Rear 20'Interior Side 5' (per story)Street Side 20'
Maximum Coverage 25%
Lots -.:::: 16.000 square feet
20'
15'
5' (total)
20'
N/A
It is staff's opinion that reduced setbacks should only be permitted for lots less than 17 000 squarefeet in size. The following setbacks and maximum coverage for this development should be
required:
Setbacks:
Front
Lots? 17.000 square feet
30'
Lots 0:::: 17.000 square feet.
20' (measured ITom back of
sidewalk)
25'
5' (per story)
20'
40%
Rear
Interior Side
Street Side
Maximum Coverage
30'
10'
20'
40%
The preliminary plat date stamped by the City on April 3, 2007, indicates within the notes of the
plat that all lot lines common to a public right-of-way shall have a ten foot (10') wide easement.
The plat does not reference or detineate additional utility easements. Per Eagle City Code Section
, unobstructed utility easements shall be provided along ITont lot lines, rear lot lines, and side
lot lines when deemed necessary. Total easement widths shall not be less than twelve feet (12') on
all lots 17 ,OOO-square feet and greater. The interior lot line easement on lots less than 17 000-
square feet should be ten feet (10') wide in total width. The applicant should provide a revised plat
with a plat note describing the easement widths to be as so noted.
The Chevron Pipeline bisects the northeast comer of this property. The preliminary plat date
stamped by the City on April 3 , 2007, shows the pipeline to be located within a sixteen and one
half foot (16.) wide easement which bisects Lot 16, Block 13, and adjacent to the rear lot lines of
Lots 2-6, Block 14 and Lot 15, Block 13. Although a regional pathway plan has not been
completed for the area west of Linder Road it should be noted that the Transportation/Pathway
Network Map # I of 2 delineates a multi-use pathway to be located on the area where the Chevron
pipeline is located east of Linder Road. Past City Council action has required that a ten foot (10"
regional pathway be constructed within a minimum twenty foot (20') wide corrunon lot located
over the Chevron pipeline. The applicant should provide a revised preliminary pial showing a
twenty foot wide (20') wide common lot to be located over the Chevron pipeline.
Page 15 of 16
C:\Do""'"....oo Sc:niogsl8MS.MSBTlAWIlDcal SeuiogslTcmporary loIaner FilcsIOLKSCI1.00700017 S.ZC-PIJD.DA Laot:wood EsI.,.. stLdoc
The preliminary plat date stamped by the City on April 3, 2007, indicates within the notes of the
plat that a pressurized irrigation system will be provided and that the system will be maintained by
the homeowner s association. The plat also delineates the location of the pressurized irrigation
lines (PIRR). The line locations and flows should be reviewed and approved prior to approval of a
fmal plat.
STAFF RECOMMENDATION:
Staff recommends denial of the requested subdivision. A recommendation of approval could be obtained if
the following concerns could be addressed:
Applicant submits applications to the City of Eagle for an annexation, rezone with a developmentagreement, conditional use permit, planned unit development, and preliminary plat for Lanewood
Estates Subdivision to meet the intent of the Comprehensive Plan.
Place a note on the final plat which states that, U All lots and construction shall comply in all
respects with the official height and area regulations as set forth in Section 8-2-4 of the Eagle CityCode" or as otherwise approved by the Conditions of Approval within the Development
Agreement associated with Lanewood Estates Subdivision.
Applicant should provide a revised preliminary plat showing N. Premier Place to not exceed five
hundred feet (500') in length or provide a bulb-out at midpoint which provides an adequate area to
turn emergency equipment around..
The applicant shall be required to connect to City of Eagle water.
The following setbacks shollid apply for Lanewood Estates Subdivision:Setbacks: Lots :::'17.000 square feet Lots -c 17.000 square feet.Front 3D' 20' (measured cram back of
sidewalk)
25'
5' (per story)
20'
40%
Rear
Interior Side
Street Side
Maximum Coverage
30'
10'
20'
40%
Provide a revised plat with a plat note descnoing unobstructed utility easements shall be provided
along front lot lines, rear lot lines, and side lot lines to be twelve feet (12') in width and five feet(5') in width adjacent to interior lot lines of lots less than 17 OOO-square feet in size.
Provide a revised preliminary plat showing a twenty foot wide (20') wide common lot to be
located over the Chevron pipeline-
Submitted by:
April 27. 2007
DateMichael Williams, PCED
Planner II
Page 16 of16
C:\Doal!1lCDI& m4 S",iogsIBMS.MSBTLAWlLoca! ScttiogsITcmporary !cleme! FiIcs\0LK5C\200700017 S'ZC.PUD-DA Lanewood EsuI.. Slf.doc
Mayor: Nancy C. Merrill CITY OF EAGLE
P.O. Box 1520
Eagle, Idaho 83616
939-6813
Council: Stanley J. Bastian
Phil Bandy
Steve Guerber
Scott Narciso-om
May 9, 2007.
Ada County Development Services
Attn: Leslie Toombs, Planner II
200 West Front Street
Boise, ill 83702-7300
SUBJECT: 200700017 - S/ZC/PUDIDA - Lanewood Estates Planned Unit Development
Dear Ms. Toombs:
On May 7, 2007, the Planning and Zoning Commission voted 3 to I (McCarn~1 against, Pierce absent) to
recommend denial of this application. A recommendation of approval could be obtained if the following
concerns could be addressed:
1. Applicant submits applications to the City of Eagle fOT an annexation, rezOne with a development
agreement, conditional use permit, preliminary development plan, and preliminary plat for
Lanewood Estates Subdivision to meet the requirements of the Comprehensive Plan.
2. The applicant shaH be required to connect to become a part of the City's municipal water system
as required by the Comprehensive Plan and Eagle City Code, Title 9, Chapter 3, Section 9, as
required within the adopted City of Eagle and Ada County Area ofImpact Agreement.
3. Meet all the requirements of the City of Eagle s Subdivision Code, Title 9, Chapter 3, and Title 9
Sections 9-4-1 through 9-4-1-12 as adopted within the Area of Impact Agreement between the
City of Eagle and Ada County.
4. The developer shall provide 697 376-square feet (16.01-acres) additional open space for a total of
237 &63-square feet (SI.37-acres) (26.7%) to meet the offsetting open space required for all lots
below the minimum lot size of 17 000 square feet
Following the Eagle City Council meeting of April 15 , 2007, a letter regarding the Council's decision wi!lbe sent to you. If you have any questions, I can be reached at 939-0227.
cc:Mayor Merrill
Eagle City Council
file
Page 1 of 1
K:\P1lnning DepMda C..nly App1icWons\SUBSI2OD7\200100011 S-ZC.PUD-DA L.anew.od Estar.. pz Iol.do.
. ,
ORDINqCE NO. 623
AN ORDINANCE AMENDING ADA COUNTY CODE TITLE 9, CHAPTER 2, SECTION 2
AND 3 PROVIDING FOR THE ADOPTION OF AN AMENDED CITY OF EAGLE
COMPREHENSIVE PLAN AS ADOPTED BY THE CITY OF EAGLE ON SEPTEMBER 14
2004.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY,
IDAHO THAT TITLE 9, CHAPTER 2, SECTION 9-3 OF THE ADA COUNTY CODE BE
AMENDED AS FOLLOWS, WITH TIlE TEXT OF THE FOOTNOTES IDENTIFIED
HEREIN REMAINING UNCHANGED:
Section 1: Ada County Code Sections 9-1 is amended as follows:
1: AREA OF CITY IMP ACT BOUNDARY:
A. Eagle Area Of City Impact And Urban Service Planning Area Boundary Map:
1. The Eagle area of city impact and urban service planning area are the areas designated on
the Eagle area of city impact and urban service planning area boundary map. fully
incorporated by reference, copies of which are available for inspection at the Ada County
development services department.
2. Amendments to the map are as foHows:
a. Ordinance 199, May 25, 1989.
b. Ordinance 309, June 25, 1996.
c. Ordinance 355, March 25, 1998.
d. Ordinance 367, December 2, 1998.
e. Ordinance 539 , April 28, 2004.
f. Ordinance 602, December 28, 2005.
~. Ordinance 623, June 28. 2006.
B. Division By Boundary Line: (11 case a property under single ownership is divided by the
boundary line of the Eagle area of city impact, if such line divides such property so that one or
both of the parts has a depth of three hundred feet (300') or less, such part may be included in the
jurisdiction within which the remainder and larger portion of the property is located.
. Section 2: Ada County Code Section 9-3 is amended as follows:
ORDINANCE NO. 623 - PAGE
x:\donna\logs\ordinance log\elearonic ~opies\ord621doc
Exhibit No. 206
Case No. UWI-W-O7-6Z
Nancy Merrill, City of Eagle
3: APPLICABLE PLAN POLICIES AND ORDINANCES:
A. The Eagle comprehensive plan, as amended by the city of Eagle Fobrl:lary 16, 2001, by
(eso lutian 01 0 I September 14. 2005 by Resolution 04-, shall apply within the Eagle area of
city impact.
B. Applications for subdivision development in the Eagle area of city impact shall be evaluated
for conformance to the design and improvement standards contained in the Eagle city code, title
, chapter 3, and in chapter 4, sections 9-1 through 9-4-12.
C. AU subdivision plats situated within the area of city impact shall be submitted to the city of
Eagle for their recommendation.
D. The Ada County zoning ordinance shall be used to implement this chapter.
E. Ada County shall use the following standard in calculating density of residential development:
the total number of dwelling units within a proposed development, divided by the total land area.
Fractional amounts greater than those designated on the Eagle comprehensive plan land use map
will not be allowed except where the Eagle comprehensive plan details a fractional density andthen the density shall not exceed the number described in the Eagle comprehensive plan.
Fleodway areas and land used for public uses such as schools or public service facilities will not
be included in the total land area calculation.
ADOPTED this 28th day of June, 2006.
Board of Ada County Commissioners
By:
Rick Yzaguirre, Chairman
By:
Judy M. Peavey-Derr, Commissioner
By:
Fred Tilman, Commissioner
ATTEST:
1. David Navarro, Ada County Clerk
PUBLISHED: July 13, 2006
ORDINANCE NO. 623 - PAGE 2
x:\domalJogs\ordill2ll1Cc log\eIectronic copie3\ord623.doe
Karlyn Parker - Re: Lanewood Page 1 j
From:
To:
Date:
Subject:
Bob Burns
seb(Q2 msbtlaw. com
8/8/20072:01 :16 PM
Re: Lanewood
Susan , please do not feel pressured to respond to this e-mail until after the funeral , but
when you get the chance can you please address Chris Yorgason s below
question/concern , which I share. Thanks. Bob
:;:.:;:.:;:.
Chris Yorgason o:::cyorgason(Q2cableone.net:;:. 8/8/2007 11 :53 AM
:;:.:;:.:;:.
Bob-
As I read the Protestants brief, a serious question in raised in my mind.
They state that of the 8.9cfs sought, 6.68 is supposed to be reserved for
fire protection only. If they are right, that leaves 2.22cfs for domestic
uses. In the Preliminary Order issued by IDWR , they state that the combined
number of houses in Eaglefield and Legacy is 2000 homes. (Preliminary Order
page 7, par. 7). Further down in the Order, IDWR found that the peak demand
of those 2000 homes is 2.23cfs. (P.Order., pg. 7, par. 10).
So....my question...if only 2.22 or 2.23cfs of the total water right can be
used far domestic purposes AND that 2.23cfs is needed for 2 000 homes AND
those 2 000 homes are already planned for Eaglefield and Legacy, where is
the water going to come from to service the homes in Lanewood? I am not
sure if the Protestants are right, but if they are, it looks like Eagle does
not have sufficient water rights to serve our property.
Chris
cc:Chris Vargason; Dave Yorgason; Ramon Vargason
EXHIBIT 303
I BobBurns-~E:l5alJ~Yorg~~on .. Page 1
From:
To:
Date:
Subject:
Bob Burns
Susan E. Buxton
8/16/200710:29:33 AM
RE: Dave Yorgason
Susan, attached is the schedule you requested. Based on the September start date reflected in this
schedule (which is necessary if the paving is to be completed before frost will stop paving activities for the
building season), my client is absolutely desperate to obtain assurance that the water will "be there" whenneeded, as Eagle has been promising since May. Accordingly, my client has no alternative but to seek to
have the stayed PUC matter rescheduled for hearing as soon as possible. Please call to discuss this
matter at your first opportunity, as my client simply cannot afford to wait any longer in the hope that the
protestants to Eagle s new water rights (and the conditions imposed in the preliminary order) will not
prevent Eagle from servicing lanewood Estates when the water is needed next month. Bob
Robert B. Burns
Moffatt, Thomas, Barrett, Rock & Fields, Chtd.
101 S. Capitol Blvd., 10th Floor
P. O. Box 829
Boise, 10 83701-0829
208-345-2000
800-422-2889
208-385-5412 (direct)
208-385-5384 (fax)
rbb~moffatt com
;:.;:.;:. "
Susan E. Buxton" ~SEB~msbtlaw.com;:. 8/14/2007 10:53 AM
;:.;:.;:.
We would need to know information regarding the status of final plat
construction of utilities , building permits, etc. Susan
Susan E. Buxton
Moore Smith Buxton & Turcke, Chartered
950 W. Bannock Street, Suite 520
Boise, Idaho 83702
Phone: [phone]
Fax: [phone]
seb(Q).msbtlaw.com
CONFIDENTIALITY NOTICE: This transmission is intended only for the use
of the individual(s) named as recipients. It may contain information
that is privileged , confidential and/or protected from disclosure under
applicable law including, but not limited to , the attorney client
privilege and/or work product doctrine. If you are not the intended
recipient of this transmission, please notify the sender immediately by
telephone. Do not deliver, distribute or copy this transmission
disclose its contents, or take any action in reliance on the information
it contains. This e-mail is not intended for release to opposing
parties, opposing counselor any other third person or entity. Copies of
this e-mail should not be kept in your regular files. If you print a
copy of this e-mail, place it in a separate file labeled
Attorney-Client Privilege . Do not produce a copy of this e-mail in
discovery.
-----
Original Message-----
From: Bob Burns fmailto:RBB(Q).moffattcoml
Sent: Tuesday, August 14, 2007 10:42 AM
EXHIBIT 304
B~rns RE: baveYorgason Page 2
To: Susan E. Buxton
Cc: Chris Yorgason; Ramon Yorgason; Dave Yorgason
..:::
dvorqason(Q).cableone. net
Subject: Re: Dave Yorgason
I can try. If you will let me know what information you are looking
for, I will forward your request on to my clients for a response. Bob
;:.;:.;:. "
Susan E. Buxton
" ..:::
SEB(Q).msbtlaw.com;:. 8/14/200710:41 AM
;:.;:.;:.
Bob:
Yesterday, Dave apparently talked to Steve Guerber and indicated his
dissatisfaction with the City. We have been providing updates to you but
Dave appeared to not have been apprised of the City's status. The City
is moving forward on their end but needs some concrete information from
your clients as to the status of their project. Can you provide that
information for us? Susan
Susan E. Buxton
Moore Smith Buxton & Turcke, Chartered
950 W- Bannock Street, Suite 520
Boise, Idaho 83702
Phone: [phone]
Fax: [phone]
seb(Q).msbtlaw.com
CONFIDENTIALITY NOTICE: This transmission is intended only for the use
of the individual(s) named as recipients. It may contain information
that is privileged , confidential and/or protected from disclosure under
applicable law including, but not limited to, the attorney client
privilege and/or work product doctrine. If you are not the intended
recipient of this transmission, please notify the sender immediately by
telephone. Do not deliver, distribute or copy this transmission
disclose its contents, or take any action in reliance on the information
it contains. This e-mail is not intended for release to opposing
parties, opposing counselor any other third person or entity. Copies of
this e-mail should not be kept in your regular files. If you print a
copy of this e-mail, place it in a separate file labeled
Attorney-Client Privilege . Do not produce a copy of this e-mail in
discovery.
---------------------------------------------------------------
NOTICE: This e-mail , including attachments, constitutes a confidential
attorney-client communication. It is not intended for transmission to
receipt by, any unauthorized persons. If you have received this
communication in error, do not read it. Please delete it from your
system
without copying it, and notify the sender by reply e-mail or by calling
[phone], so that our address record can be corrected. Thank you.
NOTICE: To comply with certain U.S. Treasury regulations, we inform you
that, unless expressly stated otherwise, any U.S. federal tax advice
contained in this e-mail, including attachments, is not intended or
written
to be used, and cannot be used, by any person for the purpose of
130b l3~rn~.:qay~5 ~rg~s'
. .
avoiding
any penalties that may be imposed by the Internal Revenue Service.
- --- -- -------- --------- -- - - - ---- - -- ---------- - - - - - -------- - ----
CC: Bruce M. Smith; Dave Yorgason ..:::dyorgason~cableone.net;:.; Joe Miller; Ramon
Yorgason; Yorgason, Chris
. "
. 'Ipage3j
Lanewood Estates
Schedule as of August 20, 2007
Description
Planning & Design
Identify Gov t Agency Intentions for Site
Conceptual Design
Finalize Preliminary Plat Design
Entitlements
ACHD
Ada County
Design Construction Plans (Phase 1)
Topography site
Finalize Phase 1 Plat Design
Street Section
Design Utilities - sewer
Design Utilities - water
Design Utilities - storm drainage
Design Utilities - irrigation
Off-site Power
Final Design
Review / Approve Plans (Phase 1)
ACHD
Eagle Sewer
Water
Joint Trench Utilities
Construction (Phase 1)
Excavate Streets
Sewer
Water
Storm Drain
Irrigation
Joint Trench Utilities
Prep Concrete
Concrete
Pave Streets
Complete Construction
Status
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
90 % complete
80 % complete
Complete
Estimate complete on 8/21/07
Estimate approval on 9/11/07
Estimate approval on 9/7/07
Estimate approval on 9/5/07
Estimate approval on 9/5/07
Estimate start 9/5/07
Start 9/14/07
Start 9/19/07
Start 10/1/07
Start 10/8/07
Start 10/15/07
Start 11/5/07
Start 11/12/07
Start 11/19/07
11/26/2007
Note: Preparation of construction plans could have started after Ada County
P&Z approval on May 24, 2007, but was delayed to see if Eagle could
obtain the water rights to serve Legacy Estates.
L:\grpwiseltemp\662410-xls
' $9I~,~Y6'
~:'"~~g)~'
~I~!~!3R~po~to ~n~~~9~!gbr .P~g~-
From:
To:
Date:
Subject:
Bob Burns
Susan E. Buxton
9/13/2007 6:49:35 PM
Re: Eagle Status Report to Lanewood/CDI
Susan, as I have now asked you and Bruce repeatedly to do without success, would you please provide
me with reasonable documentation establishing that the City has water rights that can be accessed at theboundaryof the Lanewood development to service that property. The fact that the City may have water
rights in other locations but which cannot be used to service the Lanewood development is both
misleading and meaningless for the purposes of the present PUC proceeding. Regards. Bob
Robert B. Burns
Moffatt, Thomas, Barrett, Rock & Fields, Chtd.
101 S. Capitol Blvd., 10th Floor
P. O. Box 829
Boise, ID 83701-0829
208-345-2000
800-422-2889
208-385-5412 (direct)
208-385-5384 (fax)
rbb~moffatt. com
:;:.:;:.:;:. "
Susan E. Buxton" r(SEB~msbtlaw.com:;:. 9/13/2007 12:25 PM
:;:.:;:.:;:.
Bob:
Pursuant to the May 23, 2007 agreement between CDI and the City of
Eagle, the City has been providing periodic updates on the City water
services. With this email, the City is notifying CDI that it has
sufficient water rights to serve the development. However, the City hasnot received an annexation application or any plans from CDI as required
by the Agreement. Please let me know when CDI will be submitting the
annexation application and the plans to the City for review.
Thank you
Susan
Susan E. Buxton
Moore Smith Buxton & Turcke, Chartered
950 W. Bannock Street, Suite 520
Boise, Idaho 83702
Phone: [phone]
Fax: [phone]
seb~msbtlaw.com
CONFIDENTIALITY NOTICE: This transmission is intended only for the use
of the individual(s) named as recipients. It may contain information
that is privileged, confidential and/or protected from disclosure under
applicable law including, but not limited to, the attorney client
privilege and/or work product doctrine. If you are not the intended
recipient of this transmission, please notify the sender immediately by
telephone. Do not deliver, distribute or copy this transmission
disclose its contents, or take any action in reliance on the information
it contains. This e-mail is not intended for release to opposing
parties, opposing counselor any other third person or entity. Copies of
this e-mail should not be kept in your regular files. If you print a
copy of this e-mail, place it in a separate file labeled
Attorney-Client Privilege . Do not produce a copy of this e-mail in
EXHIBIT 305
I. ..~9 ~uih~.~ B~: " E gl~~ t~t~~~~e~d.,~6~yY~9dl 9121:.
discovery.
cc:bms~msbtlaw.com; Joe Miller; Ramon Yorgason; Yorgason, Chris; Yorgason, Dave
. .,.,g .
0'..
Gene P Smith, P.
Engineering NorthWest
[phone]
Fax: [phone]
SUBJECT: lanewood Estates 200700017 S-PUD-lC-DA Grading permit waiver
Professional Smith,
After reviewing the data supplied in your September letter concerning a waiver of a reguired
Ada County Grading Permit for the lanewood Estates Subdivision, I approve your reguest to
waive the Ada County Grading Permit.
Please be cautioned, however, that this does not allow any different approach to the grading
of the subdivision than has been explained in your letter. It is not acceptable, for instance to
place any of the spoils from the excavation on building lots, or change the drainage plan
unless other approval is obtained.
In addition:
Waiving this permit reguirement does not establish that all soils are acceptable for
supporting building construction. Once Ada County Building Permits are obtained for
individual structures, it may be necessary to analyze individual building sites for
acceptable soil compaction. We really will not be able to assess the condition of the
soils until the foundation excavation has taken place.
Waiving this permit reguirement does not give license to violate any portion of the
Ada County Building Code, like the details subseguent, or any other local state or
federal code or law.
Final location of all grading construction spoils. The compacted fill
materials below two feet (2') in depth from finished grade shall have a
minimum allowable bearing capacity of 1,500 pounds per sguare foot.
EXHIBIT 306
Maximum and minimum elevations for all basement and crawl space floors.
Maximum and minimum elevations for the top of foundation walls. Maximum
elevation for lot/property boundary lines to provide positive drainage from
building sites.
Reguirements for swales or drainage devices to manage storm water and
landscape irrigation runoff.
Please contact me with any guestions concerning the new grading ordinance.
Ken Sommer
Building Official
Ada County Development Services Building Division
200 W. Front St. Rm. 2125
Boise, ID 83702
[phone]
~ (208/ 287-7909
-'Ei kens~adaweb.net
BillLDING ENGINEERING PLANNIN G ZONING
PHONE [phone]
FAX [phone]
ADA COUNTY
DEVELOPMENT SERVICES
200 W. FRONT, BOISE, IDAHO 83702-7300
September 12, 2007
Engineering Northwest, LLC
423 N. Ancestor Place
Boise, ill 83704
Attn.: Eugene P. Smith, P.
Re: DRAINAGE PLAN FOR LANEWOOD ESTATES SUBDNISION NO I
File 200700017 (S, DA, ZC)
Dear Mr. Smith
The drainage plan submitted for Lanewood Estates Subdivision No., consisting of thirteen drawings
(Sheet 1 Cover Sheet & Notes with your stamp dated 9/11/07, Sheets 2-9 with your stamp dated
8/23/2007, Sheet 1 Drainage Plan with your stamp dated 8/23/2007, Sheets 1 & 2 of 4 of the plat for
reference), eleven pages of calculations with your stamp dated 8/22/2007 with attached soil and water
level reports by Associated Earth Sciences, Inc., and your letter dated September 11 2007, is approved
with the condition that the grading of individual lots shall not create a drainage problem for adjacent
lots/properties and each building pad shall be provided with adequate slopes toward approved drainage
facilities (see applicable building code section). It is your responsibility to see that the developer is
aware ofthese requirements; the developer is responsible to see that they are achieved.
Sincerely,
r hI.
--:
~/UVY cd David Wells, P.
ASSISTANT COUNTY ENGINEER
Ada County Development Services
DL W /dw
File 200700017 (S , DA, ZC)
~ ~ ~-~ :arlyn Parker - Eagle/Capital Development--Water Status Report Page 1 i
From:
To:
Date:
Subject:
Bob Burns
seb(g2msbtlaw.com
6/7/2007 2:29:58 PM
Eagle/Capital Development--Water Status Report
Susan, can you let me and Chris know by return e-mail how we can get our hands on
the first biweekly status report? Thanks. Bob
Robert B. Burns
Moffatt, Thomas, Barrett, Rock & Fields , Chtd.
101 S. Capitol Blvd., 10th Floor
P. O. Box 829
Boise , 10 83701-0829
208-345-2000
800-422-2889
208-385-5412 (direct)
208-385-5384 (fax)
rbb(g2moffatt.com
;::.;::.;::.
Chris Yorgason c::cyorgason(g2cableone.net;::. 6/7/2007 9:11 AM
;::.;::.;::.
Bob-
Have you received a progress report from the City of Eagle on their water
issues? By our calculations, their two weeks was yesterday and we did not
receive anything here. If you have not received a report, where should we
send a request? To city staff? Their attorneys? Should that request come
from you or us? Your thoughts?
Chris
cc:Chris Yorgason; Dave Vargason; Ramon Yorgason
EXHIBIT 307
Karlyn Parker - Fwd: Eagle/Capital DeveloPlllent Pag"e1:
From:
To:
Date:
Subject:
Bob Burns
clbcmmsbtlaw.com
6/25/20077:28:16 AM
Fwd: Eagle/Capital Development
Cheryl , I got a responsive e-mail message that Susan was out of the office and I should
forward the below e-mail to you. I suspect this should go to Bruce. Thanks. Bob
).).). Bob Burns 6/25/2007 7:23 AM ).).).
Susan , I believe the second status report from Eagle was due last week. Can you see
if you can get us an update on where things stand. Thanks. Bob
Robert B. Burns
Moffatt, Thomas, Barrett, Rock & Fields, Chtd.
101 S. Capitol Blvd., 10th Floor
P. O. Box 829
Boise, 10 83701-0829
208-345-2000
800-422-2889
208-385-5412 (direct)
208-385-5384 (fax)
rbbaD. moffatt. com
cc:sebcmmsbtlaw.com
' '" '-"" "" ..."'_d.,,""
K;arlyn Park~r - Eagl~/~anewood)?evel(Jprn~rtt
:-.-
W ater Sta!LJ~Report
, '
Page 1 I
From:
To:
Date:
Subject:
Bob Burns
seb(Q2msbtlaw.com
8/7/20077:15:19
Eagle/Lanewood Development--Water Status Report
Susan , could you please ask Dave Milan to issue a current water status report, which
was due today. Thanks. Bob
Robert B. Burns
Moffatt, Thomas, Barrett , Rock & Fields, Chtd.
101 S. Capitol Blvd., 10th Floor
P. O. Box 829
Boise, 10 83701-0829
208-345-2000
800-422-2889
208-385-5412 (direct)
208-385-5384 (fax)
rbb(Q2moffattcom
CC: Dave Yorgason c::dyorgason(Q2cableone.net:::-; Ramon Yorgason;
Yorgason , Chris
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
The Parties to this Confidentiality and Non-Disclosure Agreement ("Agreement"), are
Capital Development Inc., 6200 Meeker Place, Boise, Idaho ("Capital") and United Water Idaho
Inc., an Idaho Corporation, 8248 W. Victory Road Boise Idaho ("United Water (hereafter
referred to as a "Party , or collectively as "Parties
In consideration of the party continuing cooperation in Idaho Public Utilities
Commission Case No. UWI-07-, Capital agrees to provide to United Water a copy of that
certain Annexation and Cooperation Agreement dated May 23 , 2007, between Capital and the
City of Eagle, Idaho, herein after the "Confidential Information , and United Water agrees to the
following:
Use of Confidential Information.
United Water will maintain the Confidential Information with at least the same degree of
care it uses to protect its own proprietary information, but in no case with less than reasonable
care. All persons who may be entitled to review, or who are afforded access to the Confidential
Information by reason of this Agreement shall neither use nor disclose the Confidential
Information for purposes of business or competition, and shall keep the Confidential Information
secure as a trade secret, confidential or proprietary information and in accordance with the
purposes and intent of this Agreement.
Persons Entitled to Review.
Access to confidential information shall be strictly limited to employees of the United
Water and its legal representatives who have executed an Exhibit "A" to this Agreement.
Nondisclosure Aereement.
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT-
EXHIBIT 308
Confidential Information shall not be disclosed to any person who has not signed an
Exhibit A.
Copies.
No copies or transcriptions of the Confidential Infonnation shall be made by United
Water except as necessary to make the infonnation available to individuals who have executed
an Exhibit A" to this Agreement.
Governin2: Law and Attorneys' Fees.
This Agreement and the transactions hereunder will be governed by the laws of the State
of Idaho, U., excluding its conflict of laws principles. The parties hereby consent to the
personal jurisdiction of the courts of Idaho for any dispute arising out of this Agreement.
In the
event of any suit, action or proceeding arising out of or relating to this Agreement, the prevailing
party will be entitled to reasonable attorneys' fees and reasonable costs incurred.
General.
This Agreement: (i) may be amended or modified only by an express writing signed by
an authorized representative of each party; (ii) will not be construed as creating a joint venture
partnership or other form of business association; (iii) is not assignable or delegable in whole or
in part by either party without the written consent of the other party; (iv) shall inure to the benefit
of and be binding upon the parties, their successors, the assigns of the Parties and the permitted
assigns of Recipient; (v) is in the English language only, which language shall be controlling in
all respects, and all versions of this Agreement in any other language shall not be binding on the
parties hereto; (vi) may be executed in any number of counterpart originals, each of which shall
be deemed an originaJ instrument for all purposes, but all of which shall comprise one and the
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT-
same instrument; and (vii) may be delivered by facsimile and a facsimile of this Agreement shall
be binding as an original.
Remedies Available.
Each Party agrees that a Party hereto shall be entitled to equitable relief, including
injunction and specific performance, in the event of any breach or threatened breach of the
provision of this agreement, in addition to all other remedies available to a Party at law or in
equity.
IN WITNESS WHEREOF, the parties hereto, on their own behalf and on behalf of their
Subsidiaries, have caused this Agreement to be executed by their duly authorized representatives.
Dated this 24th day of May, 2007
UNITED WATER IDAHO INC.
By: f;F
Name: ~?o
/!
tvydJT
Title: /5 I ::te1'4--Title:--.:VI ~.f/,t)~-
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT-
EXHIBIT"
I have reviewed the foregoing Confidentiality and Non-Disclosure Agreement dated
~~1
Y':J.3 r ~1oo
7and agree to be bound by the tenus and conditions of such Agreement.
1(' (J. /YI
""J Y (JTCi Ct~ CVJN'
(')
7,f-C9-6o rife sh; r or!
jJ /, bc~ I
~~"
Residence Address
C~! c +J ()e C.t:? Ie tJ -8;z;/ L:Empl yer or Firm
It;;; I Of)
/.~
/11ee k~..pr l-
Business Address
Pa~
1t'1rJ.r Q3 ~6(5/
Date
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT-4