20070924Burns exhibits.pdf

.. -
Page 1 of 3
STATE OF IDAHO
DEPARTMENT OF WATER RESOURCES R E eEl V E 0
WATER SUPPLY BANK RENTAL AGREEMENT
SEP 1 22007
This is to certify that: CITY OF EAGLE
PO BOX 1520
660 E CIVIC LN
EAGLE 10 83616
[phone]
filed an application to rent water from the Water Supply Bank ("bank"). The Idaho Water ~sourc~Board ("Board") being authorized to operate a bank and to contract by and through the Director Of1Be ahCU;Department of Water Resources ("Director, department") for rental of water from the bank agrees tQ:T.~t wqt&
.. -- ""'
TY '-0as 101 ows. In:;: '"Ci
..-~~ --- ,....,
z::-
(j)'-' \j-' -- (..
1"'.
Department of Water Resuurces
(JLu L--UJ --Ot -0 ":L.
Summary of Water Rights or Portions Rented from the Bank
:;Jrr\
rr\
\ '
Permit
63-12448
Rented
Rate
80CFS
Annual Rented
Volume
130.0 AF
Total Rented
Acres
COMBINED
RENTAL TOTALS 80 CFS 130.0 AF
TERM OF RENTAL:September 11 , 2007 to December 31 . 2008 or the date of final resolution ofcontested matters associated with water permit nos. 63-32089 and 63-32090whichever occurs first
RENTAL FEE: $182.00 annually
The total fee for rental of the above-describedwater is $1 820.00 annually. The undersigned renter is also thelessor under this agreement, and is therefore obligate(j to pay only the administrative fee of $182.annually.
Detailed water right specific limitations and conditions attached.
-- ------ - - -- -.. - ---------- ---.. -
u_-- --
----- ----.. - - --- ---- --- -- -- --- ---------
The undersigned renter agrees to use the water rented under this agreement in accordance with the Water
Supply Bank rules and in compliance with the limitations and conditions of use described in this agreement:
Dated this day of S-, -i
.~._
20
- - ---- ------------------ ------- -- ---------------- ----------------
company or organization)
---- -- ----- --- ---- - ----
Having determined that this agreement satisfies the provisions of Section 42-1763, Idaho Code. and, IDAPA
37.02.03030 (Water Supply Bank Rule 30), for the rental and use of water under the terms and conditions
herein provided , and none other, I hereby execute this Rental Agreement on behalf of the Idaho Water
Resource Board this .1U day of 5 U" 20~.
~-(' DAVID R. TUTHill, JR, Director
Department of Water Resources
Case No. UWI-O7-
- ~
Page 2 of 3
WATER PERMIT NO. 63-12448
WATER SUPPLY BANK RENTAL AGREEMENT
The renter agrees to use the water rented under this agreement in accordance with the Water Supply Bank
rules and in compliance with the limitations and conditions of use described below:
Renter:CITY OF EAGLE
PO BOX 1520
660 E CIVIC LN
EAGLE ID 83616
[phone]
Priority Date: 4/08/1998
Source:GROUND WATER
BENEFICIAL USE
MUNICIPAL
From Diversion Rate01/01 to 12/31 0.80 CFSTotal: 0.80 CFS
Volume
130.0 AF
130.0 AF
LOCA TION OF RENTER'S POINT OF DIVERSION:
GROUND WATER NWXSEX ~ec.11 Twp 04N
GROUND WATER SEXNWX Sec. 11 Twp 04N
GROUNDWATER SW;'SWX Sec. 4 Twp04N
GROUND WATER NWXSWX Sec. 3 Twp 04N
GROUND WATER SW;.SWX Sec. 3 .
' .
' Twp 04N
GROUNDWATER SEYtSEX Sec. 11 Twp04N
GROUND WATER NWy.SEX Sec. 11 Twp 04N
Rge 01W
Rge 01W
Rge 01E
Rge 01 E
Rge 01 E
Rge 01W
Rge 01W
ADA County
ADA County
ADA County
ADA County
ADA County
ADA County
ADA County
RENTER'S PLACE OF USE: MUNICIPAL
Place of use is within the service area of the City of Eagle municipal water supply system as provided for underIdaho Law.
, .
CONDITIONS OF WATER USE
1. The use of water under this agreement shall be subject to the provisions of Section 42-1766, IdahoCode.
2. Rental of the specified permit from the bank does not, in itself, confirm the extent of beneficial usedeveloped under the permit.
3. Use of water under this agreement does not constitute a dedication of the water to renter s place of useand upon expiration of this agreement, the points of diversion and place of use of the water shall revert
to those authorized under the water permit.
4. This rental does not grant any right-of-way or easement to use the diversion works or conveyance works
of another party.
5. This rental agreement does not authorize the construction of a well.
6. Use of water under this agreement shall not prejudice any action of the Department in its consideration
of any permanent application for permit filed by the applicant for this same use.
Case No. UWI-O7-
,. .. .
Page 3 of 3
7. Renter agrees to comply with all applicable state and federal laws while using water under this
agreement.
8. Renter agrees to hold the Board, the Director and the state of Idaho harmless from all liability on
account of negligent acts of the renter or injury to other water rights while using water under this
agreement.
9. Renter acknowledges and agrees that the Director may terminate diversion of water or require
mitigation if the Director determines that diversion and use of water under this agreement causes injury
to other water rights or that there is not a sufficient water supply for the priority of the right or portion
thereof being rented.
10. Failure of the renter to comply with the conditions of this agreement is cause for the Director to rescind
approval of the rental agreement.
11. The renter must diligently pursue a permanent water right to provide for the uses authorized under this
rental agreement.
12. In the event that continued water use is not authorized, the renter agrees to hold the Board, the Directorand the state of Idaho harmless from any claim for reimbursement or expenses associated with the
development of new and supplemental water uses.
13. Prior to diversion of water under this agreement, the renter shall install and maintain a measuring device
and lockable controlling works ofatype acceptable to the Department as part of the diverting works.
EXHIBIT 311
Case No. UWI-O7-
1ItI Idaho Statutes
TITLE
IRRIGATION AND DRAINAGE - - WATER
RIGHTS AND RECLAMATION
CHAPTER 17
DEPARTMENT OF WATER RESOURCES
WATER RESOURCE BOARD
42 -1766. APPEALS PROCEDURE FOR WATER RIGHT HOLDERS. (1) During the periodof a lease, any water right holder who determines that the lease is causing awater right to which the holder is entitled, to be deprived of water to which
it may be otherwise entitled, may petition the director of the department of
water resources to revoke or modify the lease. Upon such a petition , thedirector shall cause an investigation to be made and may hold hearings or
gather information in some other manner. In the event that the director finds
that an interference is occurring, he may revoke or require the lease to be
modified to insure that no injury to other water rights occurs.(2) Any person feeling aggrieved by a decision or action of the director
shall be entitled to contest the action of the director pursuant to section
42-1701A(3), Idaho Code.
The Idaho Code is made available on the Internet by the Idaho Legislature as a public service.
This Internet version of the Idaho Code may not be used for commercial purposes , nor may thisdatabase be published or repackaged for commercial sale without express written permission.
Search the Idaho Statutes
Available Reference: Search Instructions.
The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, Ie. 350. According to Idaholaw, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions
afthis statute shall be deemed to be an infringer of the state of Idaho s copyright.
EXHIBIT 312
Case No. UWI-O7-
Idaho Statutes
TITLE
IRRIGATION AND DRAINAGE
- -
WATER
RIGHTS AND RECLAMATION
CHAPTER 1
DEPARTMENT OF WATER RESOURCES
WATER RESOURCE BOARD
42-1701A. HEARINGS BEFORE DIRECTOR - - APPEALS. (1) All hearings required
by law to be held before the director of the department of water resources
shall be conducted in accordance with the provisions of chapter 52 , title 67Idaho Code, and rules of procedure promulgated by the director.(2) The director , in his discretion , may direct that a hearing be
conducted by a hearing officer appointed by the director. In such event, thehearing officer shall have the duty to make a complete record of the evidence
presented and duly received at the hearing and to prepare a recommended or
preliminary order in accordance with chapter 52 , title 67 , Idaho Code, and
rules of procedure promulgated by the director.(3) Unless the right to a hearing before the director or the water
resource board is otherwise provided by statute , any person aggrieved by any
action of the director , including any decision , determination , order or otheraction, including action upon any application for a permit, license
certificate, approval , registration , or similar form of permission required bylaw to be issued by the director , who is aggrieved by the action of the
director, and who has not previously been afforded an opportunity for a
hearing on the matter shall be entitled to a hearing before the director to
contest the action. The person shall file with the director , within fifteen
(15) days after receipt of written notice of the action issued by thedirector, or receipt of actual notice, a written petition stating the grounds
for contesting the action by the director and requesting a hearing. The
director shall give such notice of the petition as is necessary to provide
other affected persons an opportunity to participate in the proceeding. The
hearing shall be held and conducted in accordance with the provisions subsections (1) and (2) of this section. Judicial review of any final order of
the director issued following the hearing shall be had pursuant to subsection
(4) of this section.
(4) Any person who is aggrieved by a final decision or order of the
director is entitled to judicial review. The judicial review shall be had in
accordance with the provisions and standards set forth in chapter 52 , title
, Idaho Code.
The Idaho Code is made available on the Internet by the Idaho Legislature as a public service.This Internet version of the Idaho Code may not be used for commercial purposes, nor may thisdatabase be published or repackaged for commercial sale without express written permission.
Search the Idaho Statutes
Available Reference: SearchJf1.Jtrllr.t.iQIl~
The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law 1. C. !i 9-350. According to Idaho
law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions
of this statute shall be deemed to be an infringer of the state of Idaho s copyright.
EXHIBIT 312
Case No. UWI-O7-
Bob Burns - Re:r=w': Water serVic;e to Lanewood
..",, ..' ,,, .... ,..,..,' "', , ..' "".... ,
p~ge..5J
From:
To:
Subject:
Dave Yorgason -::dyorgason(Q)cableone.net~ (Bob Burns)
Bob Burns
Re: FW: Water service to Lanewood
----- Forwarded Message
From: Mike Reno
-::
MReno(a).cdhd.idaho.Qov
Date: Mon, 24 Sep 2007 07:59:56 -0600
To: Dave Yorgason
-::
dyorqason(a).cableone.net
Subject Re: FW: Water service to Lanewood
Dave
The facts of your e-mail are correct. The only thing I would add is that I
also have a call in to Mark Mason at DEQ to discuss this matter further.
Michael H. Reno
Supervisor, Land Based Programs
Central District Health Department
707 N. Armstrong Place
Boise, Idaho 83704
[phone] W
[phone] C
Mreno(a).cdhd. idaho. QOV
The information contained in this e-mail may be privileged, confidential or
otherwise protected from disclosure. All persons are advised that they may
face penalties under state and federal law for sharing this information with
unauthorized individuals. If you received this e-mail in error, please
reply to the sender that you have received this information in error. Also
please delete this email after replying to the sender.
~~~ Dave Yorgason
-::
dyorQason(a).cableone,net~ 9/21/2007 3:49 PM ~~~
Mike
Thanks for the conversation earlier today. 11 m sending this message to make
sure I understand our conversation regarding the concerns brought up about
serving our site with Eagle City water. If I overstated , or understated
anything, please make the appropriate change.
As I shared with you , my engineer recommended that I give you a call to
discuss the potential that the Health Department may, or may not, sign a
plat based on the fact that a development is to be served by a leased water
right. You toll::! me that you agreed with the concern, but that you take
direction from DEQ. You offered to contact DEQ for an opinion on the
matter.
You then called me back, after talking to Tiffiny Floyd at DEQ, and based on
that conversation, I have this understaning:
..;
Due to their awareness that Eagle City is in the process of purchasing
Eagle Water Company, DEQ is scrutinizing everything about Eagle City water
(i.e. Eagle Water Companyls water system problems in the past, and Eagle
City1 s ability to maintain both the old and this new system and provide
EXHIBIT 317
Case No. UWI-O7-
Ir~iri~' at~i i~;Yi
.~~,
92d P~~Je?,
adequate service to the public).
- The Health Department and DEQ are concernel::! about any liability exposure
to 1) the City, 2) DEQ and or Health Dept, and 3) the developer.
- Due to the concerns stated above, if the City tries to serve a
development with leased water, it would be 3caughF. I asked you if
caughF meant that sanitary restrictions could not be released on a
development, therefore the Health Department would not sign a plat. Your
response was 3that is correct. 2
- Tiffiny also said she wanted to know the name of the project so that she
could get right on it and watch it due to her concerns. You told her that
you didn1t have a project name at this time.
Thanks again for your help in clarifying the matter of us. This matter is
urgent, so I appreciate your quick response.
Sincerely,
Dave
------ End of Forwarded Message
EXHIBIT 317
Case No. UWI-O7-
,. ....UlY VI cagle -- May LUU/ mInutes Page 1 ofl2
City of Eagle
Official web site of the City of Eagle, Idaho
Home
Ll.D. INFORMATION
Eagle Kiwanis Mayor's Cup
Elected Officials
City Deparbnents
Applications! Forms
Agenda and Minutes
oty Code
Arts Commission
Eagle Historical Museum
Urban Forestry
Tree Vouchers
Committees. Boards
Commissions
Commission Openings
Parks
Community
Election Information
E-mail notification
Foothills
Frequently Asked Questions
Helpful Links
Employment
In Agenda and Minutes:
City Council - AGENDAS
City Council - MINUTES
Arts Commission -
AGENDAS
9/13/2007
Search QQj
May 22, 2007 minutes
,...
f'-...)-.-i
--.)
te;
(/)--,-'--",.
r'im:;..
C/)('-":.
O;~--.J
~~g
So,'
UJC)..c-
(j)
Co,)
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 CountySheriff's Office. Lt. Borgquist was unable to attend tonight's meeting, hismonthly 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 arepreliminary 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
200.00 will come off from the proposal. The new total is $19 500.00. Thecameras will be for the remaining parks and the Library building.
Discussion on the tJag poles. The poles will be located in the north grassyarea at City Hall. These will be the same type of pole that was installed atMerrill 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 asection 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 anda 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
Case No. UWI-W-O7-O2
J. Ramon Yorgason, Pres. of Capital
Development
, .'-'!OJ v. """il51~ -- Ivlay L.L.L.VV lIunUles Page 2 of 12
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
9/1312007
regards to the PUC applications. The hearings for the Comprehensive Plan
are going forward. The Planning and Zoning Commission will have a
recommendation 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 and
I'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 aresubsidizing 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 ofCity 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 adoptedas 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 151 Street from June 9, 2007 from 9:00m. 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 theirparking lot located at 1396 E. State Street on June 8th and 9thfrom 2:00 p.m. until 1 :00 a.m. for the. Fun Days Event. (SKB)
D. April 17, 2007 minutes.
EXHIBIT 301
Case No. UWl-W-O7-O2
J. Ramon Yorgason, Pres. ofCapUal
Development
'-'H) VJ .Lag/(; -- IVJaY LVV / mmutes
9/13/2007
Page 3 ofI 2
E. May 8, 2007 minutes.
. May 10, 2007 special meeting minutes.
G. May 1S, 2007 minutes.
H. Findings of Fact and Conclusions of Law PP-OS-07 -Chester Place (AKA Catalpa) Subdivision - West WindInvestments:West Wind Investments, LLC. represented byPenelope L. Riley with Treasure Valley Engineers , isrequesting 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 theeast 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. LlCrepresented by Mary Frances Argusa. is requesting designreview approval to construct a 5 658-square foot; two storyretail/office/apartment building. The site is located on the
north side of East Idaho Street approximately 200-feet east ofEagle Road at 172 East Idaho Street. (WEV)
K. DR-118-06 - Master SiQn Plan for a Two Story
Retail/Office/Apartment Building - Old Village Properties,
LLC:Old Village Properties , LLC, represented by MaryFrances Argusa , is requesting design review approval of amaster 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 EastIdaho Street. (WEV)
L. DR-52-02 MOD - Idaho Independent Bank Building
Modification - Idaho Independent Bank:Idaho IndependentBank. represented by Chad Harbig with CSHQA, is requestingto modify the fat;ade and landscaping of the existing bank
building. This modification also includes extending the drive-
thru canopy an additional 13.feet (approximately) to the eastto 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-04-07 - Multi-tenant Office Building - Gale Pooley:Gale Pooley is requesting design review approval to
construct a 1 872-sQuare foot multi-tenant office building. The1 B-acre site is located on the south side of Winding Creek
Drive approximately 430-feet west of Hill Road at 979 WindingCreek Drive. (WEV)
N. DR-05-07 - Master Sign Plan for a Multi-tenant OfficeBuilding - Gale Pooley:Gale Pooley is requesting designreview approval of a master sign plan for a multi-tenant officebuilding. The 0.B-acre site is located on the south side ofWinding Creek Drive approximately 430-feet west of Hill Roadat 979 Winding Creek Drive. (WE
O. DR-Ol-OJ - BuildinQ Wall Signs and Monument Sign forFarmers and Merchants Bank - Farmers and Merchants:
Farmers and Merchants, represented by David Glancey withBRS 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..()7 - Building Addition to the Owest Communication
EXHIBIT 301
Case No. UWl-W-O7-O2
J. Ramon Yorgason, Pres. of Capital
Development
\.-HY Vi cagle -- Ivlay LUU'/ mmutes Page 4 of12
Facility - awest 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.17.07 - Common Area Landscaping within Park Lane
Estates - Chad Moffat:Chad Moffat, represented by PhilHull 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,OOO-feet north of WestFloating Feather Road at 1835 North Park lane. (WEV)
R. DR-18-07 - Common Area Landscaping. Clubhouse
Facility. and 33 Duplex Homes within the Orchards at
Eagle - Orchards at Eagle. LLC:The Orchards at EagleLLC, 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. (WEV)
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 FunDays Event. (SKB)
Bastian: My concern is that there is going to be a live band , bbq and outdooractivities 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-52-02 MOD - Idaho Independent Bank Building Modification -Idaho Independent Bank:Idaho Independent Bank, represented by ChadHarbig with CSHQA. is requesting to modify the fa-;ade 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)
9/13/2007
Zoning Administrator Vaughan: Provides Council an overview of the
EXHIBIT 30J
Case No. UWI-W-O7-O2
J. Ramon Yorgason, Pres. of Capital
Development
~IlY VJ .ci:Jgt~ -- May LUUI mInutes' .~ .
Page 5 of12
application. General discussion.
Chad Harbig, CSHOA , representing the applicant, provides Council anoverview of the request to modify the fa~ade and landscaping of the existing
bank building. General discussion.
Bastian moves to approve DR-52-02 MOD - Idaho Independent BankBuilding 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 Pooleyis 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 ofWinding Creek Drive approximately 430-feet west of Hill Road at 979Winding Creek Drive. (WE
5N. DR-05-07 - Master Sign 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 onthe south side of Winding Creek Drive approximately 430-feet west of HillRoad 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 thathave 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 hasbasically 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-G4-07 - Master Sign Plan for a Multi-
tenant Office Building - Gale Pooley and that we take the bullet itemson 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 trellisas proposed, we would allow the incline of the eaves as proposed, wewould 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...
6. FINAL PLAT:
A. FPUD-1-o7/FP-O1-07 & FP-O2-07 - Final Development Plan and FinalPlat for Mosca Seca Subdivision (Legacy) No.1 & 2 - IdahoDevelopment Services, LLC: Idaho Development Services, lLCRepresented by Stanley Consultants , is requesting final development planand 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, 162-lot (150-buildable, 11-commom, 1-welllot)residential subdivision. The 178-acre site is located south of FloatingFeather Road west of Under Road. (WEV) This item was continued from
the May 2007 meeting.
9/13/2007
EXHIBIT 301
Case No. UWI-W-O7-O2
J. Ramon Yorgason, Pres. of Capital
Development
L-llY 01 cagle -- May 11, 1U07 minutes Page 6 of 12
Mayor introduces the issue.
Guerber moves to continue FPUD-07/FP-O1-07 & 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 Engineersis 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 35feet 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 Block, Merrill Subdivision No.2. - Roy Montague to the June 12 2007 asrequested by staff. Seconded by Guerber. Discussion. ALL AYES:MOTION CARRIES...............
B. PP-o2-07 - Preliminary Plat for Aguila Mountain Estates Subdivision- Red Rock Development:Red Rock Development, LlC, represented byBryan D. Martin, P.E., 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-o2-07 - 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 8' 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. 18-06/RZ-24-06 & PP-21-06 - Annexation and Rezone from RUT toMU-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 inlieu of a PUD) and preliminary plat for Eagle Gateway South, a mixed usecommercial and residential development. The 56.86-acre, 98-lot subdivision114-unit (71-single-family, 42-multi-family (contained within 5-Iots), 16-commercial, and 6-common) is located on the southeast corner of State
9/J 312007
Highway 44 and E. Riverside Drive at 1650 E. Riverside Drive. (WEV)
EXHIBIT 301
Case No. UWI-W-O7-O2
J. Ramon Yorgason, Pres. ofCapitat
Development
UIY OJ r.agJe -- May LUU"! mmutes Page 7 of 12
Mayor introduces the issue.
Mayor swears in Walter Lindgren
Walter Lindgren , Johnson Architects, representing the applicant, displaysoverheads and provides Council an overview of the project. Generaldiscussion.
Discussion on the ponds.
Planner Williams: One of staff's concerns was parking and I have asked theapplicant 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 theWest 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 closecommunication 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 andRezone from RUT to MU-DA and Preliminary Plat for Eagle Gateway South -
Cornerstone Group, LLC to the June 12, 2007 City Council meeting andhave 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 - Annexationand Rezone from RUT to MU-DA and Preliminary Plat for Eagle GatewaySouth 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 Councilmeeting and at that time we establish the Site Specific Conditions and
9/13/2007
EXHIBIT 301
Case No. UWI-W-O7-O2
J. Ramon Yorgason, Pres. of Capital
Development
~JlY VI .LabJ\:; -- Ivlay LUU mInutes Page 8 of12
.. ., .
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 MattPrice with JJ Howard Engineering/Surveying is requesting conditional use.
preliminary development plan , and preliminary plat approvals for AlderwoodNo.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 byPlanning 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 Vargason with CapitalDevelopment, Inc., is requesting a rezone with a development agreement
from Rural Urban Transitional (RUT-Ada County designation) to low DensityResidential (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
EXHIBIT 301
Case No. UWI-W-O7-O2
J. Ramon Yorgason, Pres. of CapitalDevelopment
. .~ .City of Eagle -- May 22, 2007 minutes Page 9 of12
Dave Yorgason, Capital Development, displays overheads and providesCouncil 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 lor 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 PUo 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 EagleCity Ordinances and if at the time the Lanewood PUo 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.
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 theYorgason 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 thatthe 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 Iwill 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. Secondconcurs. 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
EXHIBIT 301
Case No. UWI-W-O7-O2
J. Ramon Yorgason, Pres. of Capital
. Development
. .CIty of Eagle -- May 22 , 2007 minutes, .
Page 10 ofl2
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.
B8. 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 gothrough 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 individualshave 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......................
BC. 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......................
BE. Resolution 07-: A Resolution To Support And Participate In TheDevelopment 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 OversizinQ Reimbursement
Thisitem 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 in
the future. Seconded by Bastian. Bastian: AYE; Guerber: AYE; Bandy:
ALL AYES: MOTION CARRIES......................
9/1312007
EXHIBIT 301
Case No. UWI-W-O7-O2
J. Ramon Yorgason, Pres. of CapitalDevelopment
CIty ot Eagle -- May 22 , 2007 mjnutes Page 11 of 12
B. Vehicle Purchase for Public Works Department:(OM)
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 yearwith the understanding that this will be credited towards the purchase
of the vehicle in the next fiscal year for $20 000.00 and authorizedspending 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, 2007City 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 UnitDevelopment - Lanewood Investments. lLC (Ada County Application):Lanewood Investments, LLC, represented by David Yorgason with CapitalDevelopment, Inc., is requesting a rezone with a development agreement
from Rural Urban Transitional (RUT-Ada County designation) to Low DensityResidential (R2-Ada County designation), planned unit development, andpreliminary pl~d 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)
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. 967-2345(c)B. Personnel Matters: I.C. ~67-2345(A and/or B)
THIS EXECUTIVE SESSION WAS NOT HELD.
City Engineer Report: None
Zoning Administrator s Report: None
11. ADJOURNMENT:
9/1312007
Hearing no further business. the Mayor adjourned the meeting at 6:50
EXHIBIT 301
Case No. UWI-W-O7-O2
J. Ramon Yorgason, Pres. of CapitalDevelopment
. .City of Eagle -- May 22 2007 minutes Page J 2 of12
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE
AT EAGLE CITY HALL
Contact City Hall al [phone] - 660 E. Civic In, . or P.O. Box 1520 Eagle, Idaho 83616 eaglecityl9)cityofeagle.org
Home Ll.D. INFORMATION EaQle Kiwanis Mayor s CUR I Elected Officials City Departments Applications/Forms Agenda and Minutes I Q!)lCodeArts Commission EaQle Historical Museum Urban Forestry Tree Vouchers Committees - Boards - Commissions Commission OpenlnQsParksCommuni\)!Election Information E-mail notification Foothills Frequently Asked Questions Helpful links Employment
go~
911312007
EXHIBIT 301
Case No. UWI-W-o7-oZ
J, Ramon Yorgason, Pres. of Capital
Development
(gj~
ANNEXA TION AND COOPERATION AGREEMENT
THIS ANNEXATION AND COOP ERA nON AGREEMENT (thisAgreement') is made effective upon its full execution below , by and between the City of Eaglea municipal corporation in the State of Idaho ("Eagle ), and Capital Development, Inc., an Idahocorporation ("CDI"
PRELIMINARY STA TEMENT
CDI has filed with Ada County certain land use applications ("CDl'sApplications) with respect to CDI's proposed development of certain property (the "Propertyowned by CDI's affiliate Lanewood Investments , LLC, an Idaho limited liability companyLanewood 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 theProperty in accordance with the Application of United Water Idaho Inc. to Amend and Revise
Certificate of Convenience and Necessity No. 143 (Case No. UWI- W-07-02) currently pendingbefore the Idaho Public Utilities Commission ("United Water s Application ). Eagle hasheretofore opposed both CDI's Applications and United Water s Application based principallyon Eagle's detennination that it will obtain in the near future those water rights necessary toprovide water service to the Property through Eagle s municipal water system and its resultingdesire to annex the Property into the City of Eagle.
AGREEMENT
NOW, THEREFORE, in order to resolve their differences on mutually
advantageous tenDs, 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 Eagleis unsuccessful in obtaining the water rights it requires to service the Property, the parties agree
as follows:I. CD! and Eagle will jointly request United Water and the Idaho Public
Utilities Commission (the "IPUC") to continue the hearing of United Water s Applicationcurrently set for May 24, 2007, to the first available date occurring after August 24 , 2007. Eaglewill 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 all applicable
provisions of the Eagle City Code.
3. Eagle shall promptly withdraw all opposition to CDI's Applications andnot 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 - I
052307 1415 BOI MT2:650954
EXHIBIT 302
Case No. UWI-07-D2
J. Ramon Yorgason, Pres. of
Capital Development
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 ofCDI'
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 of CDI'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
CDl's Applications;
(c) Eagle shall covenant to expeditiously review all improvement
plans submitted by CDI to Eagle with respect to the development of the 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
ofIdaho.
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 of the
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 of this
Agreement upon any subsequent breach.
ANNEXA TJON AND COOPERATION AGREEMENT - 2
052307 1415
BOI MT2:650954.
EXHIBIT 302
Case No. UWI-W-O7-
J. Ramon Yorgason, Pres. of
pit ~evelopment
II. 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 incuITed in connection with such action or proceeding, including those incuITed on
appeal.
12. This Agreement shall be executed in counterparts, each of which shall be afully 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 beJow.
-"""""--' '" ~,
OF E-1Q O
~ ~ ~ ..-----.
. ~.A
~ ,"- .
. v'
-:.
~ v - ~yOR~l' .
. ~
0 ~.
: (j ~* :: * : _.-
SEAL ;:: :
';. ..-+.
~I 0 ~
, .. ('
0 ~
'\.: ::-:. .p~
"POR"'t
. ",y..
J'. ........ t--1 'l'e Of \~ -,.. n.."
By its execution below, the undersigned
acknowledges and consents to the tenus
of the foregoing Agreement
LANE WOOD INVESTMENTS, LLC
an Idaho imited liability company
By:
J. Ramon Yorg
CITY OF EAGLE
a municipal corporation organized and existing
under the laws of the State of Idaho
A TTES :
..it 'JZ... 1'J.y 0
on K.Bergmann, City Clerk
CAPITAL DEVELOPMENT, INc.
an I 0 corporation
ANNEXATION AND COOPERATION AGREEMENT - 3
052307 1415 BOt MT2:650954.
i:XHlHH 302
Case No. UWI-W-O7-O2
J. Ramon Yorgason, Pres. of
Capital Development
---------.--
CITY OF EAGLE
PRELIMINARY PLAT STAFF REPORT
ADA COUNTY TRANSMITTAL
IlEBCRtPl'iION: LANE W 00 D EST A TES'~ANNED UNIT DE VELO PMENT
FILE NUMBER: 2006000265-S/ZC/PtJDIDA
APPLICANT:CAPITAL DE'VELOP~T IN C.
, ~2~~~~~~I1PJ
BOISE .ID"fl"Ji1-j,
, .
REPRESENTED'BY:D ~VID. RY ORqA$pN
6~i)O . N ~ .l\i;fEE~RLA CE
BQISE~ ID'837l~
PB,Ol\"E -
~~~-
$j1~3.9$9i~~~,.Jmk4~~~~q1.
PLANNING AND ZONING COMMISSION HEARING DATE: Mayl, 2007
TENT A 1TVE 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.. andpreliminary pIal subdivision approvals for Lanewood Estates, a 426-lot (381-buildable, 45-common) planned residential developmenl The 190.52-acre site 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 onthe north by N. Beacon Light Road and is located at 2810 Lanewood Road This site is located inthe Eagle Area of Impact.
STAFF RECOMMENDATION:
Based upon the infonnation provided to staff to date, staff recommends denial of the requestedsubdivision.
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 the City Council'
determination.
EXHIBIT A
Page I of 16
EXHIBIT 302DotUlDC" .-4Sariog!.9MS.MS9TL~\V,I.oc.I S""""".T"""","Y n.cma filaiOUUC !fIO'OOOJ: ~LC.rlJD.D.~ lanc-o,,'" E...... ..f..do.o Case No. UWI-W-O7-
J. Ramon Yorgason, Pres. of
Capital Development
STAFF F1NDINGS OF FACT:
PROJECT SUMMARY:
Lanewood Investments, LLC, represented by David Yorgason with Capital Development
Inc., is requesting a zone change with a development agreement, planned unitdevelopment, and preliminary plat subdivision approvals for Lanewood Estates, a 426-lot
(3& I-buildable, 45-(;ornmon) planned residential development The 190.52-acre site isbordered on the south ofW. Floating Feather Road, on the west by N. Lanewood Road. onthe east by N. Linder Road, and on the north by N. Beacon Light Road and is located at
2& 10 Lanewood Road. This site is located in tbe Eagle Area of Impact.
APPLICATION SUBMITTAL:
This is an Ada County application for It 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 HEARING: 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 ZONING LAND USEDESIGNATIONDESIGNATION
Existing Residential Two (up to two RUT (Ada County Agriculturalunits! acre)Designation)
Proposed No Change R2 (Ada County Designation-Single Family,
Low Density Residential)Residential Planned
Unit Development
Nortb 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 Agriculturalun.itsl acre)Designation)
West of site Residential Two (up to two RUT (Ada County Agriculturalunits! acre)DesignatIon)
Page 2 of 16
CDoCUlO.."..d Sdtinp'oBMS.MS8TtAW'14o1 Scttmg.-.TODpont)....CUICI FtIa'OUUC1OO1WO11 S-ZC-I'UO-DA u..c....d bI.... 5Il;loe Jo;XHUHT jUl
Case No. UWI-O7-
J. Ramon Yorgason, Pres. of
CanitaJ J)pvplnnmpnt
DESIGN REVIEW OVERLAY 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 - 38)
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 000-square feet
(Except that a decrease of minimum
lot size in a subdivision may be
aJlowed if there is an offsetting
increase of the same square-footage
in open space and a planned unit
development is applied for and
approved) - per ECC Sectioo 8-2-4
(G).
Minimum Lot Width 70-feet 75-feet (minimum)
Minimum Street Frontage 3D-feet 35-feet (minimum)
Total Acreage of Common Area 35.36-acres SO.87-acres (minimum)
19.05-acres for 10% minimum
plus 31.82-acres for lots
smaUer than the minimum -
per ECe Section 8-24 (G)
(Except that. according to fCC
Section 9-3-8 (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.
Percent of Site as Common Area 18.56%*26.7% (minimum-see above)
Except that. accordiog 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: 111e Common Area calculation is inclusive of the areas adjacent to the irrigation canals anddrainage ditches throughout the site.
Pag~ 3 of 16Do~ aM So'iol"BMS.MSBTLAW\Low s..liocS\Tanponry ""aoo F"dcs'OlICSOlOO700011 S-ZC.PtJD-OA Uoc-ovod E.I- ..(.doc EXHUJlT 302
Case No. UWI-O7-
J. Ramon Yorgason, Pres. ofCapital Development
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 commonlots 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 areal1andscape lots table provided on the preliminary plat shows 1 540 487square 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 landscapeislands 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 (I 2').
Fire Hydrants and Wate.- Mains:
Hydrants are to be located and installed as may be required by the Eagle Fiee DistricL
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 from back of curb to back of curb, and located withinfifty-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 (l00') in width- The islands shown within the
cul-de-sacs have a twenty foot (20') wide diameter.
Page 4 of 16
I':XHJHlT 3UZC:..Do......... ... Sorinr'BMS.MS1m..A W' .Local Scu.~" T -"1' 100.",.. MIcc,OUOC\201170001) S.ZC~A l..oKwood E.t.,a Slr.doc Case No. UWI - W -07-02
J. Ramon Yorgason, Pres. of
Capital Development
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 COtmty 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 WalJcways: (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-of-way or separate easement., as may be specifiedby the CityCounci1.
PUBLIC USES PROPOSED: None proposed
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEA TIJRES:
Areas of Critical Environmental Concern - none
Evidence of Ecosion - 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 AnimaJ 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 COUIlty application the City of Eagle does not transmit to the agenciesthat may be impacled by the development; therefore, the City will not receive agencyresponses regarding the developmenL
Page 5 of 16C:\Ooc- 1011 Scuq"'!IMS.MSllTU W\loaJ SdUop\T""POfory I........ ~'200700017 S.ZC.I'UD-PA t.oon....,4 but.. ..,.400 EXHIBIT 302
Case No. UWI-W-O7-O2
J. Ramon Yorgason, Pres. ofCapital Development
LETTERs FROM THE PUBLIC: None received to date
PROPOSED TIME SCHEDULE FOR mE DEVELOPMENT OF TIIE SITE:The applicant indicated within the narrative dated January 22, 2007, that due to the largescale of the development, they have not identified the phasing and construction schedule,
the narrative goes on to slate that the applicant is planning to start constructionimmediately 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 thatshows eighteen (I8) phases for the project The applicant should provide a time schedulefor the phasing plan submitted with the application.
STAFF ANALYSIS:
A. COMPREHENSNE PLAN PROVISIONS WIDCH ARE OF SPECIAL CONCERN REGARDING
TIllS PROPOSAL:
Chapter 6 - Land Use
Land Use Designations
Residential Two
Suitable primarily for single family residential development within areas that are
rural in character.
Goal6.5
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 andpathways, 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, creeIcs, floodplains and flood ways, drainage ways and canals, development buffers,wooded areas, grasslands. foothills, and viewpoints for public use and
enjoyment.
Page 6 of 16C:\Docvmcuu """ S"'inplllMS.MSBJU. WILoni SdtloplTaDpOnr)'lmcmd FohoOl.K5C\200700011 S-ZC-l'UD-DA l.oocwoo. EmI.. ,,(doc EXHlHlT 3U:Z
Case No. UWI-W-O7-
J. Ramon Yorgason, Pres. of
Capital Development
B. SOARING 2025 COMPREHENSNE PLAN PROVISIONS, wmCH ARE OF SPECIALCONCERN REGARDING THIS PROPOSAL
This property is within the Village Planning Area as recognized in the 2025 Western AIea Plan.
Chapter I - Introduction
1.4 Relationship to Ada County Planning
The goals and policies of this plan are intended to be applied within the Eagle City
Jimjts and the negotiated Eagle Area of City ImpacL The City acknowledges that the
county may not have all the tools and codes necessary to implement this plan and will
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 themajority of the urban development occur under tbe jurisdictional authority of
the City and ~onnected to municipal services.
Chapter 2 - Community Design
5 Implementation Strategies
s. An 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 uodecstand 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 Alasb and crosses from northwest to southeast through the
western planning area. (See Map 4.5) At the time of construction most of the
Eagle area was rural and the depth of the pipe was shallow, less than 20 feet. Asthe 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 de"elopmenl in
lhe City of Eagle and shall be implemented through the zoning and development
revIew process.
Page 7 of 16C:.aod S"~.MS8TL\ w ScniDo!;.Taaponoy 'Alana fiIa\Ot.KSCIlOO7000J1 S-ZC-rutl-DA t-.....d EsI".. sol.doc .l!.:XJ1IUn jU":
Case No. UWI-W-o7-
J. Ramon Yorgason, Pres. of
Capital DeveloPment.
6.4 hnplementation Strategies
c. Use smaller planning areas 10 help guide development in the westernplanning area.
Appendix t - Glossary
Municipal Services Services, such as sewer water and library, owned and/ormanaged by the City of Eagle to property owners within or adjacent to the city.
c. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDINGTInS PROPOSAL:
Eagle City Code Section 8-24 Schedule of Building Height and Lot Area:
Zoning
District
Maximum
Height
Minimum Yard Setbacks Note Conditions A To F*
rroj r"
Inleno.
1&.001 I
Maximum Lot M"imum Lot AreaSide Side Covered (Acres Or Sq. Ft.) G
And H"
10' 1/20' 1140 000 ltn
Minimum
lot
Width ,*
35'
Eagle City Code Section 8-2-4(B):
Additional 5 feet per story setback for multi-story Structures. Height not to exceed 3 storiesexcept 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 offsettingincrease 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 ponion of a lotfi-ont adjacent to a public or private street., for all residential zoning districts
shall be 35 feet.Eagle City Code Section 8-2A- 7: Landscape and Buffer Area Requirements:
J. Buffer Areas/Common Lots:
) .
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 isto physically separate and visually screen adjacent land uses which are not fully
compatible due to differing facilities, activities, or different intensities of use, such astownhouses and a convenience 5tore, or a high volume roadway and residentialdwellings.
. Major Roadways: New residential developments, including, but not limited tosubdivisions and multi-family de\'elopmenls. shall be buffered from streets classifiedas collectors. arterials, freeways, or expressways, to protect residential communitiesfrom noisy, potentially dangerous, high speed roads. The "buffer area" shalt bedefined as the distance from the outside wall of the lowest story of any single-
family
Page 8 of 16c,~ and SCltinv\8MS.MSIl'I'UW\l.QQI S~\Tanponoy """"" n",\OU(jC,100700017 S.ZC.fUD-OA Unev."OOd Esutcs stl.doc K!\.UHsn .m..!:
Case No. UWI-O7-o2
J. Ramon Yorgason, Pres. of
Capital Development
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 common 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
berming/fencing, as noted below, shall be measured nom the elevation of the finaJ
grade of the adjacent roadway (measured at the centerline) to the top of the proposedbenning/fencing. The required buffer area width, plantings, and fencing are asfollows:
b. Any road designated as a minor arterial on the Ada County long range
highway and street map:
A minimwn of fifty feet (501 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 thatnot more than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high. maximum eight foot (81 high, bermdecorative 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. Cbainlink, cedar, and similar high
maintenance andlor unsightly fencing shall not be pennitted.
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 onJune 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 beevaluated for conformance to the design and improvement standards contained in tbe
Eagle City Code, Title 9 , Chapter 3, and in Chapter 4, Sections 9-4-1 through 9-4-1 -12.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPEGAL CONCERN REGARDINGTHIS 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 subdivisionsimprovements and facilities done, constructed or made in accordance with said provisions
Page 9 of 16C~Doao""""" aDd ScuiovIBMS.MSBTL\ Wllooi S"'Iogs'T""P""'Y 101""" fij.,\OU(jCQOO7000J) ~ZC./'UD-I)'\ t.an.v.'OOd Ezu.a M:cIoc t;XHUUT :5Ul
Case No. UWI-O7-
J. Ramon Yorgason, Pres. of
Capital Development
shall comply with the minimum design standards set forth in this chapter; provided
however, that any higher standards adopted by any highway district, the Idahotransportation 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: Cut-de-sac streets shall not be more than five hundred feet (5001 in
length and shill terminate with an adequate circular turnaround having a minimum radius
of fifty feet (.$0') of right of way with the following exceptions:
Alternative types of turnarounds for cuJ-de-sacs which will provide access to less than
thirteen (13) dwelling units maybe permitted by the city if approved by the fire
department and the highway district having jurisdiction.
2. In zoning districts which probiliit 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 fire 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 greatcr- than one dwelling unit per five (5)acres, cul-de-sac streets up to a maximum of two thousand eight hundred feet (2,800')in length may be permitted by the city if approved by the ftre department and the
highway district having jurisdiction. No more than twenty (20) dwelling units shall be
permitted on said cuI-dc-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 set 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 lotlines when deemed necessary. Total easement width shall nol 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
impro\'e the hydraulics and ease of maintenance of the channel.
8 Public Sites and Open Spaces:
Public sites and open spaces shall confonn to the following standards:
Page 10 of 16c:'.ooo...- mdSotmpIBMS.MSBTLA W\LDc:.d 5cuiocslTanponry WCtDeI FsJc.'OlUOlOO?OOOI1 S-ZC.f'lID.DA Uncwoo4...- ..f.~Jo.:XHlHlT 302
Case No. UWI-O7-
J. Ramon Yorgason, Pres. of
Capital Development
B. Natural Features: Existing natural features whjch add value to residential development and
enhance the attractiveness of the conununity (such as trees, watercourses, historic spots andsimilar iITeplaceable assets) shall be preserved in the design of the subdivision.
C. Spedal 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
developmenL (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 subdiyjsions shall be as follows:
IZoning DistrictllR-2 IIR-3 IIR-4 IIR-5 IIR-251
Open Space Iho%1I10%1t10%1110%1I10%
8 Water System:
The provision of a public water system shall confonn to the following standards:
A. All subdivisions within the Eagle city water service area shall comply 'with title 6, chapter
S of this code..
Eagle City Code Title 6, Chapter 5 Wata' Systems
1 Rules and Regulations:
B. Scope: The water department and all customers receiving services trom the water departmcrIt
whether inside or outside the city limits,are bound by this chapter and the rules andregulations of the water depa.rtmenl
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 othec contiguous andneighboring territory as the city council shall. fiom time to time, deem necessary to serve andidentified 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
9-4-1: 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: PedestrianlBicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage non motorized formsof travel, and to provide safe. convenient and aesthetic altemati\ie travel routes to
common destinations such as schools, parks. shopping centers, etc. The follo\\-ingfactors will be collSidered in the placement of any pathway: the utility and need
Page II of 16C:1IJoouaw.s Dd Sa,iop\BMSMSBTL~W"'LocaI ScuincAT -,try 1m...... Fi1cs1OlJCjc\.2ooJOOOn S-lC-I'tJD.o... Uo.....4 &,," "I.d",
.l!:XHJHlT 302
Case No. UWI-W-O7-
J. Ramon Yorgason, Pres. of
Capit;t!p.I:Y.elopment
for a given pathway, impacts to existing neighborhoods, compliance with the
transportation/pathway network maps within the comprehensive plan, pathwaydesign as it relates to both crime prevention and function, and the responsibilitiesof ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways, (excepl incases 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, heldeither 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 Design: While the city may exercise considerable discretion in
determining the design of pathways, the following mmimum 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') wideand shall be located within a twenty foot (201 wide pedestrian access
easement.
3. A five foot (5') wide landscaped arealbuilding and fence setback, as measured
fTom both edges of the paved path, shall be required, and will be owned byeither the abutting property owneI(s) or a homeowners' association unlessaccepted by a public entity. The five foot (5') wide landscaped area on eitherside of the palhway may be decreased to a minimum of two feet (2') wide (as
measured ITom the edge of asphalt 10 the easement line) when used
conjunction with a meandering pathway, however, Ihe 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 purposes, planting material in thisarea is limited to three feel (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 fora pathway. lnstallation costs, which may include construction of the paved path
are the responsibility of the developer.
Page 12 of 16C:\Do"",- om S.....,."JIMS.MSBTLA W\LouI S",'~s\1cmponoy IInaDtt n.,..oUllC\2007000 I' S-ZC-I"IJD-DA ~d &loJ..1Ildoc J!;XtlUUT JU.l
Case No. UWI-W-O7-
J. Ramon Yorgason, Pres. ofCapital Development
I. 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 the responsibility of the homeowners
association.
9-4-7: Bicycle Pathways:
A bicycle pathway shall be provided within all subdivisions as part ofllie 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 Qf 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 hrigation 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 units 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 berequired 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 - Community Design. Section 25 Implementation
Strategies, s.) All urban development shall occur under the jurisdictional authority of the City and
be connected to municipal services. The proposed Lanewood 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 , andpreliminary plat for Lanewood Estates Subdivision.
Lanewood Estates 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
Page J3 of 16c;~ ODd SdI~.8MS.MSBTL\ WII.6aoI Sctcing.\T""'P"OfY lot""", f'oJc.'OUC5C.200JOOOI7 S-ZC-J'UI)-PA. '-""-04- tKdo.J';XHIHIT 3U:Z
Case No. UWI-O7-
J. Ramon Yorgason, Pres. ofr~n;t~J nDvolnn~Dn'
shall be evaluated for conformance with the City of Eagle s Subdivision Code, Title 9, Chapter 3and Title 9 Sections 9+1-1 through 9-4-12. The proposed development as shown on thepreliminary plat date stamped by the City on April 3, 2007, shows lots ranging from 7 700-squarefeet to 28 O46-square feet in size. The applicant is requesting an R2 zoning designation through
Ada County, which bas a 16 OOO-square foot minimum lot size. Per Eagle City Code Section 9-
~. lots within any subdivision shall comply in all respects with the official height and arearegulations as set forth in section 8-2-4 of the code. Per Eagle Cny Code Section 8-2-4, Schedule
of Building Height and Lot Area Regulations, the minimum Jot size within an R-2 (Residential-up
to two units per acre) zone is 17 000 square feet. The applicant is proposing 38I-buildable lotswithin the subdivision, 237 of those iots, 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 anoffsetting increase of the same square footage in open space and a planned unit development is
applied for and approved. As provided within this report within the StaffFindIDg of Facts, Section
II, Site Data, the required amount of open space for this development per Eagle 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-squarefoot minimum lot size. This figure is based on an offsetting increase in open space of 1 386,147-square fee( (3L82-acres) plus the required ten percent (10%) open space of 829 8 I 8-square feet(19.05 acres). The applicant should provide a revised preliminary pIat showing an additional
386 147-square foot (3L82-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 toexceed two units/acre. The "Residential Two" designation was envisioned to primarily allow forsingle family residential development within areas that are rural in character. The Eagle Soaring
2025 Plan designates the property to be located within the "Village Plamring Area" with theoverall 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 sidewalksseparated by an eight foot (8 ') wide landscape strip abutting both sides of the 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 surface paths
adjacent to the large drainage ditches., five (5) open space areas larger than one (1) acre in size, aswimming 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. "All lots andconstruction 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 bythe Conditions of Approval within the Development Agreement associated with Lanewood Estates
Subdi\ision.
The preliminary plat date stamped by the City on April 3. 2007. shows the cul-de-sac street N.
Premier Place to be approximately eight hundred feet (800') in length. North Premier Placeprovides 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 revisedpreliminary plat showing N. Premier Place to nol exceed five hundred feet (500') in length orprovide a bulb-out at midpoint which provides an adequate area to turn emergency equipmentaround.
Page 14 of 16C:'~ and Sdtiop"oBMS.MSB11..AW'Loa/Sa6np;Taoponry II.""" ~7000J7 S-ZC.J'UD.-t)" ~04 E- Jd.doc
t;.iU:llJSl J ,jU.l
Case No. UWI-O7-O2
J. Ramon YoTgason, Pres. of
Capital Development
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 orhouseholds) 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 deveJopment is located in the City
of Eagle s wate.T service area the applicant should be required to connect to City of Eagle water
system.
Per Eagle City Code Section 9-, lots within any subdivision shall comply in all respects with
the officialhcight and area regulations as set forth in Section 8-2-4. The proposed setbacks asshown on the preliminary plat date stamped by the City on April 3, 2007, shows the setbacks forlots within this development:Setbacks: Lots ? 16.000 square feetFront 25'R~ 20'Interior Side 5' (per story)Street Side 20'Maximum Coverage 25%
Lots -0::: 16.000 square feet
20'
IS'
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 berequired:
Setbacks:
Front
Lots? 17 000 square feet
30'
Lots..::; 11 000 square feet.
20' (measured mm 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 theplat that all lot lines common to a public right-of.way shall have a ten foot (l0') wide easementThe plat does not reference or delineate additional utility easements. Per Eagle City Code
Section, unobstructed utility easements shall be provided along fi-ont lot lines, rear lot lines, and sidelot lines when deemed necessary. Total easement widths shall not be less than twelve feet (12'
) onall Jots 17 QOo..square feet and greater. The interior lot line easement on lots less than 17 000-square feet should be ten feet (l 0') 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 datestamped 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 beencompleted for the area west of Linder Road it should be noted that the TransportationlPathwayNetwork 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 Cowlcil action has required that a ten foot (l0'
regional pathway be constructed 'within a minimum twenty foot (20') wide common lot locatedover the Chevron pipeline. The applicant should provide a revised preliminary plat showing a
twenty foot wide (20') wide common lot to be located over the Chevron pipeline.
Page 15 of 16C,\1)o.......,. -' s...~.MS8TtA WIloaJ S.uioplr...,.,." lot""", ~100017 S-ZC-PlID-DA I..mcwood Esa".. "'-doc
l!:.iUUJUT ::SOl
Case No. UWI-W-o7-J. Ramon Yorgason, Pres. ofCapital Development
The preliminary plat date stamped by the City on April 3, 2007, indicates witlUn the notes of theplat that a pressurized irrigation system will be provided and that the System will be maintained bythe 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.
Flace a note on the final plat which states that u. All lots and construction shalf comply in aUrespects 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 DevelopmentAgreement 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 aroumL
The applicant shall be required to connect to City of Eagle water.
The following setbacks should apply for Lanewood Estates Subdivision:Setbacks: Lots ).17.000 square feet Lots -c 17.000 square feet.Front 30' 20' (measured from back of
sidewalk)
25'
5' (per story)
20'
40%
Rear
Interior Side
Street Side
Maximum Coverage
30'
10'
20'
40%
Frovide a revised plat with a plat note descn'bing unobstructed utility easements shall be providedalong 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 Jot lines ofJots less than 17 OOO-sqruu-e feet in size.
Provide a revised preliminary plat showing a twenty foot wide (20'
) wide common lot to belocated OVer the Chevron pipeline
Submitted by:
April 27. 2007
DateMichael Williams, PCED
Planner II
1'.;XHllUT JUZPage 16 of 16
Case No. UWI-O7-c:~ "'" Sco:.iopIllMS.MSBTt.AWlLoooI Scttiap\Tcmporiry IDIcmco: Fic3I,QlUO1001QOO17 S,ZC.PUD-DA u.....od EsuI.. "'.do, J. Ramon Yorgason, Pres. of
C aDital Jl~y e! C!(! men t
Mayor: Nancy C. Merrill CITY OF EAGLE
p.o. Box 1520
Eagle, Idabo 83616
939-6813
Council; Stanley J. Basri2!l
Phil Bandy
Steve Guer~r
Scot( Nordstrom
May , 2007'
Ada County Development Services
Attn: Leslie Toombs, Planner II
200 West Front Street
Boise, ill 83702-7300
SUBJECT: 200700017 - S/ZCIPUD/DA - Lanewood Estates Planned Unit Development
Dear Ms. Toombs:
On May 7, 2007, the Planning and Zoning Commission voted 3 to I (McCan-el against, Pierce absent) torecommend denial of this application. A recommendation of approval could be obtained if the followingconcerns could be addressed:
I. Applicant submits applications to the City of Eagle fOT an annexation, rezOne with a developmentagreement, conditional use permit, preliminary development plan, and preliminary plat forLanewood Estates Subdivision to meet the requu-ements of the Comprehensive Plan.
2. The applicant shall be required to connect to become a part of the City'municipal water systemas required by the Comprehensive Plan and Eagle City Code, Title 9, Chapter 3, Section 9, asrequired 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 9Sections 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 (I I-acres) additional open space for a total of231863-square feet (S1.37-acres) (26.7%) to meet the offsetting open space required for all lotsbelow the minimum lot size of 17 000 square feet.
Following the Eagle City Council meeting of April IS , 2007, a letter regarding the Council's decision wi!lbe sent to you. Uyou have any questions, I can be reached at 939-0221.
cc:Mayor Merrill
Eagle City Council
file
Page I of I
K-\PWWns DepMdo Co...,. ~\SUBSIJoorooo100011 S.z(:-PUD-DA Luoc.."od E.wu p"!oJ
l:XtllJUI JUl
Case No. UWI-W-O7-
J. Ramon Yorgason, Pres. ofCapital Development
. , . .~.
ORDINqCE NO. 623
AN ORDINANCE AMENDING ADA COUNTY CODE TITLE 9, CHAPTER 2, SECTION 2AND 3 PROVIDING FOR TIlE ADOPTION OF AN AMENDED CITY OF EAGLECOMPREHENSIVE PLAN AS ADOPTED BY
mE CITY OF EAGLE ON SEPTEMBER 142004.
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 BEAMENDED AS FOLLOWS, WITH TIlE TEXT OF THE FOOTNOTES IDENTIFIEDHEREIN REMAINING UNCHANGED:
Sec6on 1: Ada County Code Sections 9-1 is amended as follows:
1: AREA OF CITY IMPACT 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, fullyincorporated by reference, copies of which are available for inspection at the Ada County
development services department.
2. Amendments to the map are as follows:
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-
e. Ordinance 623, June 28. 2006.
B. Division By Boundary Line: (n 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 ofthe parts has a depth of three hundred feet (3001 or less, such part may be included in thejurisdiction 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:\doooaItogs\ordinaoce log\eIearonic copieslord62J.doc
. l!;XtlUU I JUl
Case No. UWI-O7-O2
J. Ramon Vargason, Pres. of
Capital Development
3: APPLICABLE PLAN POLICIES AND ORDINANCES:
A. The Eagle comprehensive plan, as amended by the city of Eagle Fclmlarj 16, 2004 , byfesolutjon Q4 OISeptember 14.2005 by Resolution 04-shall apply within the Eagle an~3 ofcity impact.
B. Applications for subdivision development in the Eagle area of city impact shall be evaluatedfor confonnance 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. All subdivision plats situated within the area of city impact shall be submitted to the city ofEagle 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 totaJ 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 mapwill 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.Floadway areas and land used for public uses such as schools or public service facilities will notbe 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-DefT, Commissioner
By:
Fred Tilman, Commissioner
ArrEST:
J. David Navarro, Ada County Clerk
PUBLISHED: July 13, 2006
ORDINANCE NO. 623 - PAGE 2)t:"donna~ log\eJ~nic copies'lord623.doc
EJU1UH 1 JU':
Case No. UWI-W-O7-
J. Ramon Yorgason, Pres. of
Capital Development
Karlyn Parker - Re: Lanewood .. ,__0,,,_- --'
~geJ
From:
To:
Date:
Subject:
Bob Burns
seb(Q!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, butwhen you get the chance can you please address Chris Yorgason s belowquestion/concern, which I share. Thanks. Bob
~~~ Chris Yorgason c::cyorgason(Q!cableone.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 domesticuses. In the Preliminary Order issued by IDWR, they state that the combinednumber of houses in Eaglefield and Legacy is 2000 homes. (Preliminary Order
page., par. 7). Further down in the Order, IDWR found that the peak demandof 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 for 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 notsure 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 Yorgason; Dave Vargason; Ramon Yorgason
)!;XUlHIT 303
Case No. UWI-W-o7-oZ
J. Ramon Yorgason, Pres. of
Capital Development
! Bob B rns-RE: baveYorg~son'... '...., '
Page 1
From:
To:
Date:
Subject:
Bob Burns
Susan E. Buxton
8/16/2007 10:29:33 AM
RE: Dave Yorgason
Susan, attached is the schedule you requested. Based on the September start date
reflected in thisschedule (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 tohave 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
Moffatl 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 platconstruction of utilities, building permits , etc. Susan
. ,
Susan E. Buxton
Moore Smith Buxton & Turcke, Chartered950 W. Bannock Street, Suite 520Boise, 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 clientprivilege and/or work product doctrine. If you are not the intended
recipient of this transmission, please notify the sender immediately bytelephone. Do not deliver, distribute or copy this transmissiondisclose 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 . 00 not produce a copy of this e-mail indiscovery.
-----
Original Message-----
From: Bob Burns (mailto:RBB(Q).moffatt.comlSent Tuesday, Augusl14 , 2007 10:42 AM
EXHIBIT 304
Case No. UWI-07-
J. Ramon Yorgason, Pres. of
Capital Development
Bob B~~ns- RE: DaveYorgason
. P?ge 2
To: Susan E. Buxton
Cc: Chris Yorgason; Ramon Yorgason; Dave Yorgason
..:::
dyorgasontW.ca bleone. 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
" ..:::
SEBtW.msbtlaw.com;:. 8/14/2007 10:41 AM
;:.;:.;:.
Bob:
Yesterday, Dave apparently talked to Steve Guerber and indicatel::! hisdissatisfaction with the City. We have been providing updates to you but
Dave appeared to not have been apprised of the City's status. The Cityis 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, Chartered950 W. Bannock Street, Suite 520
Boise, Idaho 83702
Phone: [phone]
Fax: [phone]
sebtW.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 clientprivilege and/or work product doctrine. If you are not the intended
recipient of this transmission, please notify the sender immediately bytelephone. Do not deliver, distribute or copy this transmissiondisclose 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 ofthis 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 indiscovery.
--------------- - --- - ---- --- ------ --- -- -----------~-----
NOTICE: This e-mail, including attachments, constitutes a confidentialattorney-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 yoursystem
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 youthat, unless expressly stated otherwise, any U.S. federal tax advicecontained in this e-mail, including attachments, is not intended orwritten
to be used, and cannot be used , by any person for the purpose of
Jo;XHIHIT JU4
Case No. UWI-O7-o2J. Ramon Yorgason, Pres. of
Capital Development
~ ~.I!rns ~~., ~~9Ie-~~1~~~~PQ~3o Iane
\y~~~iC ""d "', ",.."."--_.,~,.... ., ." ".""'
~~ge'
From:
To:
Date:
Subject:
Bob Burns
Susan E. Buxton
9/13/20076:49:35 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 provideme 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.
Sob
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" o:;:SEB~msbtlaw.com;,. 9/13/2007 12:25 PM
;,.;,.;:;.
Bob:
Pursuant to the May 23, 2007 agreement between CDI and the City ofEagle, the City has been providing periodic updates on the City water
services. With this email, the City is notifying CDI that it hassufficient 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 theannexation application and the plans to the City for review.
Thank you
Susan
Susan E. Buxton
Moore Smith Buxton & Turcke, Chartered950 W. Bannock Street, Suite 520
Boise, Idaho 83702
Phone: [phone]
Fax: [phone]
seb((i).msbUaw.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 clientprivilege and/or work product doctrine. If you are not the intended
recipient of this transmission, please notify the sender immediately bytelephone. Do not deliver, distribute or copy this transmissiondisclose 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
Case No. UWI-W-O7-O2
J. Ramon Yorgason, Pres. of
Capital Development
lli~~J"~i.
~~~'~~~:!$!~.~~~'
~~9!n~J~~~~!gt?j"
, "
paie'
,...
C",
"....,....". "'-", -~'"
discovery.
cc:bms(Q?msbtlaw.com; Joe Miller; Ramon Yorgason; Yorgason, Chris; Yorgason, Dave
EXHlHlT 3U5
Case No. UWI-W-O7-O2
J. Ramon Yorgason, Pres. of
Capital Development
Gene P Smith, ro
Engineering NorthWest
[phone]
Fax: [phone]
SUBJECT: Lanewood Estates 200700017 S-PUD-ZC-DA Grading permit waiver
Professional Smith.
After reviewing the data supplied in your September letter concerning a waiver of a required
Ada County Grading Permit for the Lanewood Estates Subdivision, I approve your request
waive the Ada County Grading Permit.
Please be cautioned, however, that this does not allow any different approach to the gradingof the subdivision than has been explained in your letter. It is not acceptable. for instance toplace any of ~he spoils from the excavation on building lots. or change the drainage plan
unless other approval is obtained.
In addition:
Waiving this permit requirement does not establish that all soils are acceptable forsupporting building construction. Once Ada County Building Permits are obtained for
individual structures. it may be necessary to analyze individual building sites foracceptable 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 orfederal 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 square foot.
EXHIBIT 306
Case No. UWI-W-O7-
J. Ramon Yorgason, Pres. of
Capital Development
Maxirnurn afld rniflirnurn elevatiofls for all baserneflt afld crawl space floors.
Maxirnurn afld rniflirnurn elevatiofls for the top of foul1datiofl walls. Maximurnelevatiofl for lot/property boufldary lifles to provide positive draiflage frorn
buildiflg sites.
Reguirernents for swales or drainage devices to rnaflage storrn water al1dlal1dscape irrigatiofl rul1off.
Please cofltact me with aflY guestiOfls coflcemil1g the flew gradiflg ordiflance.
Ken Sommer
Building Official
Ada County Development Services Building Division
200 W. Front St. Rm. 2U5Boise, ID 83702
'f!r [phone]
~ (208/ 287-7909
-1Jkens~adaweb.net
EXHIBIT 306
Case No. UWI-07-
J. Ramon Yorgason, Pres. of
Capital Development
BUILDING ENGINEERING PLANNING 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, ID 83704
Attn.: Eugene P. Smith, P.
Re: DRAINAGE PLAN FOR LANEWOOD ESTATES SUBDIVISION NO I
File 200700017 (S, DA, ZC)
Dear Mr. Smith
The drainage plan submitted for Lanewood Estates Subdivision No. I , consisting of thirteen drawings(Sheet 1 Cover Sheet & Notes with your stamp dated 9/1 1/07, Sheets 2-9 with your stamp dated8/23/2007, Sheet I Drainage Plan with your stamp dated 8/23/2007, Sheets 1 & 2 of 4 of the plat forreference), 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 II , 2007, is approvedwith 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
facilitjes (see applicable building code section). It is your responsibility to see that the developer isaware of these requirements; the developer is responsible to see that they are achieved.
Sincerely,
1-.
,- , . ~ ~ /.
0/~ u/~
David WeBs, P.
ASSISTANT COUNfY ENGINEER
Ada County Development Services
DL W /dw
File 200700017 (S, DA, ZC)
KXHJHIT jUb
Case No. UWI-O7-
J. Ramon Yorgason, Pres. of
Capital Development
df.lyn r'arKer - cagle/Capital Development-Water Status Report
From:
To:
Date:
Subject:
Bob Burns
seb~msbtlaw.com
6/7/2007 2:29:58 PM
Eagle/Capital Development--Water Status Report
Page 1
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~moffatt.com
;';'/ Chris Yorgason 'cyorgason~cableone.net;. 6/7/2007 9:11 AM
///
Bob-
Have you receiveq 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 wesend a request? To city staff? Their attorneys? Should that request comefrom you or us? Your thoughts?
Chris
cc:Chris Yorgason; Dave Yorgason; Ramon Yorgason
EXHIBIT 307
Case No. UWI-W-O7-
J. Ramon Yorgason, Pres. of
Capital Development
.. '" '~arlyn _Parker - Fwd: Eagle/Capital DevelC?PI1l,en~......." "" '
~c;t.
From:
To:
Date:
Subject:
Bob Burns
cJb(illmsbtlaw.com
6/25/2007 7:28: 16 AM
Fwd: Eagle/Capital Development
Cheryl. I got a responsive e-mail message that Susan was out of the
office and I shouldforward 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 seeif you can get us an update on where things stand. Thanks. Bob
Robert B. Burns
Moffatt, Thomas, Barrett , Rock & Fields, Chid.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(W. moffatt. com
cc:seb(illmsbUaw.com
t:XHl.IHT 307
Case No. UWI-O7-
J. Ramon Yorgason, Pres. of
Capital Development
------ -- - .-
. ", ." ., "". ". ." ", -~" "."-".,,,. .. ," ,Ka~lyn Parker - Eagle/LanewoodD elopm~~t-Water Sta.!~~ Report
-----"".. .. " ,.. ...
, Page
From:
To:
Date:
Subject:
Bob Burns
seb~msbtlaw_com
8/7/20077:15:19 PM
Eagle/Lanewood Development--Water Status Report
Susan, could you please ask Dave Milan to issue a current water status report, whichwas 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~ moffatt. com
CC: Dave Vargason -cdyorgason~cableone.net:;:.; Ramon Vargason;Vargason, Chris
l!;XtlJHIT jU7
Case No. UWI-W-O7-
J. Ramon Yorgason, Pres. of
Capital Development
CO NFID ENTIALITY 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 (hereafterrefeued to as a "Party , or collectively as "Parties
In consideration of the party continuing cooperation in Idaho Public UtilitiesCommission Case No. UWI-O7-, Capital agrees to provide to United Water a copy of that
certain Annexation and Cooperation Agreement dated May 23
, 2007, between Capital and the
following:
City of Eagle, Idaho, herein after the "Confidential I nfonnation ", and United Water agrees to the
Use of Confidential Information.
United Water will maintain the ConfidentiaJ Infonnation with at least the same degree
care it uses to protect its own proprietary infonnation, but in no case with less than reasonable
care. AIJ persons who may be entitled to review, or who are afforded access to the Confidential
Infonnation by reason of this Agreement shall neither use nor disclose the Confidential
Infonnation for purposes of business or competition
, and shall keep the Confidential Infonnation
secUre as a trade secret, confidential or proprietary infol111ation and in accordance with the
purposes and intent oftrus Agreement.
Persons Entitled to Review.
Access to confidential infonnation shall be strictly limited to employees of the
United
Water and its legal representatives who have executed an Exhibit "
An to this Agreement.
Nondisclosure Af?reement.
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT-
EXHIBIT 308
Case No. UWI-W-o7-
J. Ramon Yorgason, Pres. of
Capital Development
Confidential Infonnation 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
Governin1! 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) win not be construed as creating
a joint venture
partnership or other fonn 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 pennitted
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 original instrument for all purposes, but all of which shall comprise one and the
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT-
EXHIBIT 308
Case No. UWI-W-O7-
J. Ramon Yorgason, Pres. of
Capital Development
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 perfonnance) 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 241h day of May, 2007
CAML DEVE
By: ::' '1 '/t-
UNITED WATER IDAHO IN
By:
Name: ~?t7
/?
tvydlT
Title: r ./15 I 4k4'.;f-Title:-YI ~JI.o~-
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT-
EXHIBIT 3011
Case No. UWI-W-O7-O2
J. Ramon Yorgason, Pres. of
Capital Development
EXHIBIT
1 have reviewed the foregoing Confidentiality and Non-Disclosure Agreement dated
y:13 r ~?oo7and agree to be bound by the tenns and conditions of such Agreement.
(J. /YI ""1 (JJ C4 ac;
~OOO Frff5/0 ;L h. f),e-I"s.pResidence Address
(J (
~fJ ~M ()e &J2
~?
i'J 7-&1 ;/ hJc-Empl yer or Firm
10;; Of)
);;,
/11pe k-pr .J
Business Address
ir-Jet , '2
()j
Date
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT-4
J!:XHlJUT JUII
Case No. UWI-W-O7-
J. Ramon Yorgason, Pres. of
Capital Development