20070913Motion to Vacate Hearing.pdf

ORIGINAL
Bruce M. Smith, ISB # 3425
Susan E. Buxton, ISB # 4041
MOORE SMITH BUXTON & TURCKE, CHARTERED"'fH1
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PI'! L;: 38Attorneys at Law LDul I... I J
950 West Bannock Street, Suite 520
Boise, Idaho 83702
Telephone: [phone]
Facsimile: [phone]
bms~msbtlaw.com
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Attorneys for City of Eagle, Idaho
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
UNITED WATER IDAHO INc. TO AMEND AND)
REVISE CERTIFICATE OF CONVENIENCE
AND NECESSITY NO. 143.
CASE NO. UWI-O7-
CITY OF EAGLE'S MOTION
TO VACATE HEARING
Expedited Consideration
Requested
COMES NOW the City of Eagle, and pursuant to IDAPA 31.01.01.056 (IPUC Rule 56)
and 31.01.01.256 (IPUC Rule 256), moves the Commission to vacate the hearing in the above
matter which is currently set for September 24, 2007. Since testimony is to be filed by
September 17, 2007, the City requests that date be vacated as well.
Since this motion requests procedural and substantive relief on less than fourteen (14)
days notice, the City has provided actual notice of the motion by contacting counsel for all
parties by telephone and by personal delivery of the motion pursuant to Rule 256.02b.
Pursuant to Rule 256.02 and Rule 56, the City of Eagle submits the following facts in
support of its motion and in support of its request that the Commission act on less than fourteen
(14) days notice.
CITY OF EAGLE'S MOTION TO V ACA TE HEARING - Page 1 of 5
This matter was originally set for hearing on May 24, 2007. On that day the City of
Eagle and Capital Development requested the matter be stayed until the first available hearing
date after August 24 2007. The requested stay was based on the fact that on May 23 2007, the
City of Eagle and Capital Development reached agreement (Agreement) on settling this matter.
See Exhibit 1 (copy attached). This Agreement was a memorialization of proceedings at a City
of Eagle City Council meeting on May 22, 2007 and continuing to May 23 , 2007, during which
Capital Development agreed to annex into the City and utilize City water services. See Exhibit 2
Meeting Minutes (copy attached).
Under the Agreement, the City of Eagle was to withdraw its objections to the applications
filed by Capital Development at Ada County and to provide periodic updates to Capital
Development about the status of water service plans for the development. Capital Development
in turn, was to "promptly file" an annexation application with the City upon approval of its
applications with the County and to submit "all improvement plans" and "plans for water
service" to the City for expeditious review.
Upon approval of the settlement, the City immediately filed a letter with Ada County on
May 24, 2007, withdrawing its objections to the applications filed with the County. On July 11
2007, the County approved Capital Development's preliminary plat and related applications. In
the intervening period, the City has provided status reports on development of water services to
Capital Development on approximately a two-week schedule as set forth in the Agreement.
To date, however, Capital Development has not filed any application for annexation with
the City nor submitted any development plans for the City to review, and specifically has
submitted no plan for water services. Despite the lack of information from Capital Development
the City has proceeded to ensure that it has water rights sufficient to serve the development and
has notified Capital Development of the same.
CITY OF EAGLE'S MOTION TO V ACA TE HEARING - Page 2 of 5
The puzzling lack of any communication by Capital Development has now become
evident.Unknown to the City, Capital Development and United Water entered into a
Confidentiality Agreement at some point subsequent to Capital Development's entering the
Agreement with the City.On September 7, 2007, the City learned of the Confidentiality
Agreement between United Water and Capital Development and that United Water and Capital
Development had been undertaking to provide service to the development by United Water in
direct contradiction to the agreement between Capital Development and the City. The City was
completely unaware of the Confidentiality Agreement and the fact that United Water and Capital
Development had been secretly planning for provision of service by United Water. The City has
requested a copy of the Confidentiality Agreement but to date has not been provided one by
either United Water or Capital Development.
The City considers Capital Development to be in breach of the Agreement entered into in
settlement of the present case before the Commission. The City withdrew its objection to the
Capital Development applications filed with the County and provided status reports as required
by the Agreement. The City has prepared for and to date remains ready to expeditiously review
any improvement plans, including water service plans, submitted by Capital Development to the
City. The City has requested Capital Development submit those plans and the annexation
application. See Exhibit 3 (copy attached).
The City has also requested a meeting with Capital Development which is scheduled for
September 18 , 2007. The purpose of the meeting is to discuss the plans for development, the
provision of water by the City, and the issues surrounding the Agreement between the City and
Capital Development, including Capital Development's breach of the Agreement.
The meeting with Capital Development on September 18, 2007 was the earliest available
time for a meeting. The Commission s scheduling order in this matter requires the submission of
CITY OF EAGLE'S MOTION TO VACATE HEARING - Page 3 of 5
testimony on September 17, 2007, with a hearing date of September 24, 2007. If the testimonial
filing date is maintained and the hearing proceeds, the parties will be required to incur needless
expense in preparing for a hearing which the City does not believe is justified because of the
Agreement between the City and Capital Development.Further, given the turn of events
described above and the City s need to prepare for a hearing if it does go forward, the current
schedule seriously prejudices the City in preparing for the hearing.
The City is at a significant disadvantage in the current situation because it has sought to
secure water for service to the development, while at the same time it has not received any
information, plans, or other information from Capital Development.The City remains
committed to meeting its obligations under the Agreement as well as protecting its rights and
interests. Given this unexpected and unanticipated situation and the Agreement between the City
and Capital Development, the City requests that the Commission give expedited consideration to
the City s motion to vacate the testimonial filing date and vacate the hearing. (The City has also
requested that Capital Development notify the Commission to vacate the hearing but, to date
Capital Development has refused.
If the Commission chooses to not vacate the testimonial filing date and hearing date, the
City requests that the hearing date be continued for forty-five (45) days so that the City may
undertake discovery in the form of depositions of Capital Development and, if necessary, United
Water so that City may file appropriate testimony in this matter and prepare for hearing.
Respectfully submitted this ~ay of September, 2007.
.....
ce M. Smith
Attorney for the City of Eagle
CITY OF EAGLE'S MOTION TO V ACA TE HEARING - Page 4 of 5
CERTIFICATE OF SERVICE
I hereby certify that on this day of September, 2007 I served a true and correct copy of
the foregoing document via the method indicated below to:
Dean J. Miller, Esq.
McDevitt & Miller LLP
420 West Bannock Street
PO Box 2564
Boise, ID 83701
Gregory P. Wyatt
United Water Idaho, Inc.
PO Box 190420
Boise, ID 83719
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
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J. Ramon Yorgason '\) U.S. Mail, Postnge Prepaid
President, Capital Development, Inc. ( ) Hand Delivered
6200 N. Meeker Place ( ) Overnight Mail
Boise, ID 83713 ( ) Facsimile
Robert B. Burns
Moffatt Thomas Barrett Rock &
Fields, Chtd.
101 S. Capitol Blvd., lOth Floor
PO Box 829
Boise, ID 83701
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CITY OF EAGLE'S MOTION TO V ACA TE HEARING - Page 5 of 5
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ANNEXATION AND COOPERATION AGREEMENT
THIS ANNEXATION AND COOPERA nON AGREEMENT (this
Agreement') is made effective upon its full execution below , by and between the City of Eagle
a municipal corporation in the State of Idaho ("Eagle ), and Capital Development, Inc., an Idaho
corporation ("CDI"
PRELIMINARY STATEMENT
CDI has filed with Ada County certain land use applications ("CDl's
Applications ) with respect to CDI's proposed development of certain property (the "Property
owned by CDI's affiliate Lanewood Investments , LLC, an Idaho limited liability company
Lanewood Investments ), as more particularly described in the Preliminary Plat Staff Report
attached hereto as Exhibit A. In connection with its proposed development ofthe Property,
CDI has requested United Water Idaho Inc. ("United Water ) to provide water service to the
Property in accordance with the Application of United Water Idaho Inc. to Amend and Revise
Certificate of Convenience and Necessity No. 143 (Case No. UWI-07-02) currently pending
before the Idaho Public Utilities Commission ("United Water s Application ). Eagle has
heretofore opposed both CDI's Applications and United Water s Application based principally
on Eagle s determination that it will obtain in the near future those water rights necessary to
provide water service to the Property through Eagle s municipal water system and its resulting
desire to annex the Property into the City of Eagle.
AGREEMENT
NOW, THEREFORE, in order to resolve their differences on mutually
advantageous terms, allow for CDI's orderly development of the Property without undue and
costly delay, and provide for United Water s service of water to the Property in the event Eagle
is unsuccessful in obtaining the water rights it requires to service the Property, the parties agree
as follows:
..--
1. CDI and Eagle will jointly request United Water and the Idaho Public
Utilities Commission (the "IPUC") to continue the hearing of United Water s Application
currently set for May 24, 2007, to the first available date occurring after August 24 2007. Eagle
will provide to CDI written status reports on the progress of the water service plans with respect
to the Property approximately every two (2) weeks until Eagle can provide water service to the
Property.
2. Eagle shall provide water service to the boundary of the Property. The
Property shall be serviced by Eagle s municipal water system in accordance with all applicable
provisions of the Eagle City Code.
3. Eagle shall promptly withdraw all opposition to CDI's Applications and
not further oppose the same so long as CDI makes no material amendment thereto; provided
however, CDI shall not be limited by this provision in negotiating the modification of conditions
ANNEXA nON AND COOPERA nON AGREEMENT - 1052307 1415
BOI MT2:650954.
of approval to CDI's Applications proposed by or through Ada County. Eagle shall also
expeditiously review and promptly provide any comments it may have on any approval of CD!'
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 CD!' 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 CDl'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) E~gle 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 of the 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 nON AND COOPERA nON AGREEMENT - 2
052307 1415
BOI MT2:650954.
11. The parties agree that, in the event of any judicial proceeding arising out
of this Agreement, the prevailing party shall be entitied to recover its reasonable attorney fees
and costs incurred in connection with such action or proceeding, including those incurred on
appeal.
12. This Agreement shall be executed in counterparts, each of which shall be a
fully executed original and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of
the date indicated opposite each signature below.
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By its execution below, the undersigned
acknowledges and consents to the terms
of the foregoing Agreement
LANEWOOD INVESTMENTS, LLC
an Idaho imited liability company
CITY OF EAGLE,
a municipal corporation organized and existing
under the laws of the State of Idaho
~'JL I?JQ~
on K. ergmann, City Clerk
CAPITAL DEVELOPMENT, INe. ,
an I 0 corporation
ANNEXATION AND COOPERATION AGREEMENT - 3
052307 1415
BOLMT2:650954.
City of Eagle -- May 22, 2007 minutes Page 1 of 12
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In Agenda and Minutes:
City Council - AGENDAS
City Council - MINUTES
Arts Commission -
AGENDAS
9/1312007
May 22 , 2007 minutes
EAGLE CITY COUNCIL
Minutes
May 22, 2007
continued to
May 23, 2007
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 ~.
1. Lt. Dana Borgquist will present the monthly report for the Ada County
Sheriff's Office. Lt. Borgquist was unable to attend tonight's meeting, his
monthly report has been distributed to Council.
2. Robert McQuade, Ada County Assessor will review the new Construction
Roll for the City of Eagle. Mr. McQuade distributes the Primary Roll
Assessment Notice Summary to the Council and discusses the same. The
Assessment Notices will be sent out this week, these numbers are
preliminary numbers. General discussion.
Public Works Director Report: Dave Milan: Reports on the status of City
projects. Construction of the tank should be done June 5th . The beginning
of 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. The
cameras will be for the remaining parks and the Library building.
Discussion on the flag poles. The poles will be located in the north grassy
area at City Hall. These will be the same type of pole that was installed at
Merrill Park. General discussion.
Discussion on the Vizcaya Subdivision Water Main Oversizing
Reimbursement. I have talked to Vern and Susan Buxton about this and
there are a lot of factors involved in this reimbursement process. The STL
Fees that I am recommending that this is paid from are really earmarked for
the storage tank and the water transmission lines. However, there is a
section of Eagle City Code that allows the City to assess a fee for this type of
reimbursement. Susan has recommend that we put together a proposal and
a resolution to come to you in June to institute this fee. General discussion.
My recommendation still stands as to this development.
Discussion on the purchase of a vehicle for the Public Works Department.
General discussion.
City Attorney s Report: City Attorney Buxton: Updates the Council in
City of Eagle -- May 2007 minutes
Arts Commission. MINUTES
Design Review Board.
AGENDAS
Design Review Board.
MINUTES
Historical Preservation
Commission - AGENDAS
Parks & Pathways
Development Committee -
AGENDAS
Parks & Pathways
Development Committee -
MINUTES
Planning & Zoning
Commission - AGENDAS
Planning & Zoning
Commission - MINUTES
Urban Renewal Agency
9/1312007
Page 2 of 12
regards to the PUC applications. The hearings for the Comprehensive Plan
are going forward. The Planning and Zoning Commission will have a
recommendation on the new Comp Plan June 11 2007. Discussion on the
Veledrome 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 are
subsidizing Ada County and Boise City and there will be an Agreement with
these entities to compensate our Library.
Bandy: I am wondering about a meeting to discuss the Chamber of
Commerce downtown plan. Council would like to have this meeting on May
29th to be discussed after Lakemore.
Jason Pierce: We could have some representatives of the committee
available for May 29th
Council would like to schedule the discussion of the Chamber of Commerce
downtown plan on May 29th
City Engineer Report: Continued to the end of the Agenda
Zoning Administrator s Report: Continued to the end of the Agenda
REGULAR COUNCIL AGENDA: 7:30 R-,ffi..
1. CALL TO ORDER:Mayor calls the meeting to order at 7:45 p.
2. ROLL ALL:BASTIAN, GUERBER, NORDSTROM, BANDY.
Nordstrom is absent. A quorum is present.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT:None
5. CONSENT AGENDA:
Consent Agenda items are considered to be routine and are
acted on with one motion. There will be no separate discussion
on these items unless the Mayor, a Councilmember, member of
City Staff, or a citizen requests an item to be removed from the
Consent Agenda for discussion. Items removed from the Consent
Agenda will be placed on the Regular Agenda in a sequence
determined by the City Council.
Any item on the Consent Agenda which contains written
Conditions of Approval from the City of Eagle City Staff, Planning
& Zoning Commission, or Design Review Board shall be adopted
as part of the City Council's Consent Agenda approval motion
unless specifically stated otherwise.
A. Claims Against the City
B. Qmm Container Permit for Chad Thomason dba
daVinci'Chad Thomason is requesting an open container
permit to be used on 1 5t Street from June 9, 2007 from 9:00
m. until 9:00 p.m. for the Fun Days Event. (SKB)
C. Qgen Container Permit for LGJ Inc.. dba: Busters:LGJ
Inc. is requesting an open container to be used in their
parking lot located at 1396 E. State Street on June 8th and 9th
from 2:00 p.m. until 1 :00 a.m. for the Fun Days Event. (SKB)
D. April 17, 2007 minutes.
City of Eagle -- May 22, 2007 minutes
9/13/2007
Page 3 of 12
E. May 8, 2007 minutes.
F. May 10, 2007 special meeting minutes.
G. May 15, 2007 minutes.
H. Findings of Fact and Conclusions of Law PP-05-07 -
Chester Place (AKA CatalRa) Subdivision - West Wind
Investments:West Wind Investments, LLC, represented by
Penelope L. Riley with Treasure Valley Engineers, is
requesting approval of a preliminary plat for Chester Place
(AKA Catalpa) Subdivision, a 12-lot (9 residential, 3 common)
residential subdivision. The 17.90-acre site is located on the
east side of North Meridian Road between Beacon Light and
Floating Feather Road at 2650 North Meridian Road. (WEV)
I. Appointment to the Parks and Pathways Committee:
Mayor Merrill is requesting Council confirmation of Angela
Deckers to the Parks and Pathways Committee. Ms. Deckers
will be serving a three year term that will expire in May 2010.
(NM)
J. DR-117-06 - Two Story Retail/Office/A artment Building -
Old Village Properties. LLC:Old Village Properties, LLC
represented by Mary Frances Argusa , is requesting design
review approval to construct a 5,658-square foot; two story
retail/office/apartment building. The site is located on the
north side of East Idaho Street approximately 200-feet east of
Eagle Road at 172 East Idaho Street. (WEV)
K. DR-118-06 - Master Sign Plan for a Two Story
Retail/Office/Apartment Building - Old Village Properties.
LLC:Old Village Properties, LLC, represented by Mary
Frances Argusa, is requesting design review approval of a
master sign plan for a two story retail/office/apartment
building. The site is located on the north side of East Idaho
Street approximately 200-feet east of Eagle Road at 172 East
Idaho Street. (WEV)
L. DR-52-02 MOD - Idaho Independent Bank Buildin
Modification - Idaho Independent Bank:Idaho Independent
Bank, represented by Chad Harbig with CSHOA, is requesting
to modify the fayade and landscaping of the existing bank
building. This modification also includes extending the drive-
thru canopy an additional 13.feet (approximately) to the east
to accommodate a total of three (3) drive-up service lanes.
The site is located on the northeast corner of East State
Street and Stierman Way at 560 East State Street. (WEV)
M. DR-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. The
18-acre site is located on the south side of Winding Creek
Drive approximately 430-feet west of Hill Road at 979 Winding
Creek Drive. (WEV)
N. DR-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 0.18-acre site is located on the south side of
Winding Creek Drive approximately 430-feet west of Hill Road
at 979 Winding Creek Drive. (WEV)
O. DR-07-07 - Buildin Wall Signs and Monument Sign fo
Farmers and Merchants Bank - Farmers and Merchants:
Farmers and Merchants , represented by David Glancey with
BRS Architects, is requesting design review approval of two
building halo illuminated building wall signs and one
monument sign for the Farmers and Merchants Bank facility.
The site is located on the northeast corner of the East State
Street and Hill Road at 1101 East Winding Creek Drive.
(WEV)
P. DR-11-07 - Building Addition to the Qwest Communication
City of Eagle -- May 22, 2007 minutes Page 4 of 12
Facility - Qwest Communications:Qwest Communications
represented 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)
Q. DR-G? - Common Area Landscaping within Park Lane
Estates - Chad Moffat:Chad Moffat, represented by Phil
Hull with The Land Group, is requesting design review
approval of the common area landscaping within Park Lane
Estates Subdivision. The site is located on the west side of
North Park Lane approximately 2 000-feet north of West
Floating Feather Road at 1835 North Park Lane. (WEV)
R. DR-18-G? - Common Area Landscaping, Clubhouse
Facility, and 33 Duplex Homes within the Orchards at
Eagle - Orchards at Eagle, LLC:The Orchards at Eagle
LLC, represented by Phil Hull with The Land Group, Inc., are
requesting 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. is
requesting an open container to be used in their parking lot located at 1396
E. State Street on June 8th and 9th from 2:00 p.m. until 1 :00 a.m. for the Fun
Days Event. (SKB)
Bastian: My concern is that there is going to be a live band , bbq and outdoor
activities until 1 :00 a.m. This would in violation of our noise ordinance.
City Clerk Bergmann: At your meeting on May 29 2007 , you will have a
request 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: MOTION
CARRIES..................
51. AQ.gointment 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)
Guerber: my recommendation would be pull this item as we have had a
flurry 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-G2 MOD - Idaho Independent Bank Building Modification -
Idaho Independent Bank:Idaho Independent Bank, represented by Chad
Harbig with CSHQA, is requesting to modify the fac;: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 to
accommodate a total of three (3) drive-up service lanes. The site is located
on the northeast corner of East State Street and Stierman Way at 560 East
State Street. (WEV)
Zoning Administrator Vaughan: Provides Council an overview of the
9/13/2007
City of Eagle -- May 22, 2007 minutes Page 5 of 12
application. General discussion.
Chad Harbig, CSHQA, representing the applicant, provides Council an
overview of the request to modify the fa9ade and landscaping of the existing
bank building. General discussion.
Bastian moves to approve DR-52-02 MOD - Idaho Independent Bank
Building Modification - Idaho Independent Bank with all of the Site
Specific and Standard Conditions of Approval except for Site Specific
Condition #19 which is to be removed. Seconded by Guerber. ALL
AYES: MOTION CARRIES....................
5M. DR-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. The O.18-acre site is located on the south side of
Winding Creek Drive approximately 430-feet west of Hill Road at 979
Winding Creek Drive. (WEV)
5N. DR-05-07 - Master 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 on
the south side of Winding Creek Drive approximately 430-feet west of Hill
Road at 979 Winding Creek Drive. (WEV)
Mayor: we will hear Items #5M and N together since this is the same project.
Bastian: I asked these items to be removed. I think there are conditions that
have been placed on this application by Design Review that go beyond what
is necessary and I would like the applicant to have an opportunity to present
his side to the Council.
Gale Pooley, representing the applicant, Council Member Bastian has
basically made my case. We have been to Design Review and they have
asked for several additional requirements that go beyond the guide book.
We are asking the Council to look at this.
General discussion on the changes proposed by the Design Review
Committee.
Bastian moves to approve DR-04-07 - Master Sign Plan for a Multi-
tenant Office Building - Gale Pooley and that we take the bullet items
on the document dated May 8, 2007 and number them 1 through 8 and
strike 4, 5, 6 and 7 and allowing the remaining 1 3 and 8 to stand and
remove Item #8, or as stated more positive: we would allow the trellis
as proposed, we would allow the incline of the eaves as proposed, we
would not require the extension of the eaves on the building to 4', we
would 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 the
Crafstman architecture. Seconded by Bandy. ALL AYES: MOTION
CARRIES............. '"
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-07/FP-01-07 & FP-02-07 - Final Develo ment Plan and Final
Plat for Mosca Seca Subdivision (Leg~J No.1 & 2 - Idaho
Development Services. LLC : Idaho Development Services, LLC
Represented by Stanley Consultants, is requesting final development plan
and final plat approval for Mosca Seca Subdivision No., a 127 -acre, 123-lot
(92-buildable , 31-common) residential subdivision and Mosca Seca
Subdivision No., a 51-acre, 162-lot (150-buildable, 11-commom , 1-welllot)
residential subdivision. The 178-acre site is located south of Floating
Feather Road west of Linder Road. (WEV) This item was continued from
the May 2007 meeting.
9/13/2007
City of Eagle -- May 22, 2007 minutes Page 6 of 12
Mayor introduces the issue.
Guerber moves to continue FPUD-07/FP-01-07 & FP-02-07 - Final
Development 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: MOTION
CARRIES. ......
..............
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. Merri
Subdivision No.2. - Roy Montague:Roy Montague, represented by J-
Engineers Roy Montague, represented by Daren Fluke of J-B Engineers
is requesting City approval of a vacation to the final plat of Merrill Subdivision
No.2 to remove the portion of the plat note providing for a utility/access
easement on portions of Lot 2 and Lots 3 & 4, Block 4. The site is located 35
feet east of East Plaza Drive on the south side of East State Street at 1119
East Plaza Drive. (WEV)
Mayor introduces the issue.
Bandy moves to continue VAC-01-07 - Vacation of Public Utility/Access
Easement 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-02-07 - Preliminary Plat for Aguila Mountain Estates Subdivision
- Red Rock Development:Red Rock Development, LLC, represented by
Bryan D. Martin , P., with Toothman-Orton Engineering Co., is requesting
preliminary plat approval for Aguila Mountain Estates a 31-lot (24 buildable, 7
common) residential subdivision. The 10.24-acre site is located at the
northwest corner of the intersection of East Hill Road and North Echohawk
Way, approximately 420-feet west of State Highway 55. (WEV)
Mayor introduces the issue.
Mayor swears in Bryan Martin.
Bryan Martin , Toothman-Orton Engineering, representing the applicant
displays overheads and provides the Council an overview of the project.
General discussion.
Planner Williams: Provides Council an overview of the project. Discussion
on transferring or purchasing the water rights for the City. Staff recommends
approval. General discussion.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Bastian moves to approve PP-02-07 - Preliminary Plat for AguilaMountain Estates Subdivision - Red Rock Development with the Site
Specific and Standard Conditions of Approval with a change in Site
Specific Condition #13 to strike 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 to
MU-DA and Preliminary Plat for Eagle Gateway South - Cornerstone
Group. LLC: Cornerstone Group, LLC , represented by Walter Lindgren with
Johnson Architects and Morton McMillen, P., with McMillen Engineering,
LLC , is requesting approval of an annexation and rezone from RUT (Rural
Urban Transition) to MU-DA (Mixed Use with a Development Agreement in
lieu of a PUD) and preliminary plat for Eagle Gateway South, a mixed use
commercial and residential development. The 56.86-acre, 98-lot subdivision
114-unit (71-single-family, 42-multi-family (contained within 5-lots), 16-
commercial, and 6-common) is located on the southeast corner of State
Highway 44 and E. Riverside Drive at 1650 E. Riverside Drive. (WEV)
9/13/2007
City of Eagle -- May 22, 2007 minutes Page 7 of 12
Mayor introduces the issue.
Mayor swears in Walter Lindgren
Walter Lindgren, Johnson Architects, representing the applicant, displays
overheads and provides Council an overview of the project. General
discussion.
Discussion on the ponds.
Planner Williams: One of staff's concerns was parking and I have asked the
applicant to discuss parking.
Walter Lindgren provides Council an overview of the parking for the project.
General discussion.
Mayor swears in Scott Stewart
Scott Stewart, I have spent a lot of time on this assisting Walter on the
parking issues. I have done a lot of research on these numbers and they are
conservative numbers. Discusses parking numbers and shared parking.
General discussion.
Mayor swears in Marshall Smith
Marshall Smith, I have been working with Scott and his group on their theater
idea for several months. We have been looking for a theater site here for
some time. Discusses parking.
Mayor calls a recess at 9:25 p.
Mayor reconvenes at 9:35 p.
Planner Williams: I believe Water has covered the project as to where we
are. Provides the Council an overview and history of the project. General
discussion.
Mayor opens the Public Hearing
Mayor swears in Chad Longston
Chad Longston" 2615 E. Aspenwood, I'm the property owner directly to the
West known as Lonesome Dove. We have jointly come up with a master
plan here. We are definitely in favor of this project. We have been in close
communication so we can do a project that blends well together and we have
branded this as the River District which includes both of our projects.
Discusses the amenities of both projects.
Scott Stewart, further discussion on the theater and the parking. General
discussion.
Mayor closes the Public Hearing
General Council discussion.
Mayor reopens the Public Hearing
Scott Stewart: we would propose that we match the requirements of
Lonesome Dove. General discussion.
Bastian moves to continue A-18-06/RZ-24-06 & PP-21-06 - Annexation and
Rezone from RUT to MU-DA and Preliminary Plat for Eagle Gateway South -
Cornerstone Group, LLC to the June 12, 2007 City Council meeting and
have the developer reexamine the driveway situation to the single dwelling
units and come up with a concept plan dealing with the driveways. Motion
dies for lack of a second.
Further general Council discussion.
Bastian moves to approve A-18-06/RZ-24-06 & PP-21-06 - Annexation
and Rezone from RUT to MU-DA and Preliminary Plat for Eagle Gateway
South for all portions of this proposed subdivision except the
residential units and that we continue the preliminary plat portion of
this subdivision for residential units to the June 12, 2007 City Council
meeting and at that time we establish the Site Specific Conditions and
9/13/2007
City of Eagle -- May 22, 2007 minutes Page 8 of 12
questions as to driveways and set backs. Seconded by Bandy.
Discussion. Bastian amends his motion to state: only to the singlefamily units of this subdivision. Discussion. Bastian amends his
motion 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 Unit
Development - Wayne Swanson:Wayne Swanson represented by Matt
Price with JJ Howard Engineering/Surveying is requesting conditional use
preliminary development plan, and preliminary plat approvals for Alderwood
No.3 Planned Unit Development, a 12-lot (11-buildable, 1-common) planned
residential 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, displays
overheads 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 are
speaking 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 - Alderwood
No.3 Planned Unit Development with the stipulation as set down by
Planning and Zoning with the additional stipulation that final approval
take 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/PUDIDA - Lanewood Estates Planned Unit
Development - Lanewood Investments. LLC (Ada County Application
).;.
Lanewood Investments, llC, represented by David Yorgason with Capital
Development, Inc., is requesting a rezone with a development agreement
from Rural Urban Transitional (RUT-Ada County designation) to low Density
Residential (R2-Ada County designation), planned unit development, and
preliminary plat subdivision approvals for lanewood Estates, a 426-lot (381-
buildable, 45-common) planned residential development. 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 on the north by N.
Beacon Light Road and is located at 2810 lanewood Road. This site is
located in the Eagle Area of Impact. (WEV)
Mayor introduces the issue.
9/13/2007
City of Eagle -- May 22, 2007 minutes Page 9 of 12
Dave Yorgason, Capital Development, displays overheads and provides
Council an overview of the project. General discussion.
Planner Williams: Provides the Council an overview of the transmittal.
General discussion.
General discussion on the water provider for this project.
Mayor calls a recess at 12:10 a.
Mayor reconvenes at 12:12 a.
Guerber moves to go into Executive Session for the discussion of
pending litigation , Idaho Code 67-2345(f). Seconded by Bastian.
Bastian: AYE; Guerber: AYE; Bandy: AYE: ALL AYES: MOTION
CARRIES. .......
"""""'"
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 and
came to a concept of a settlement with regard to our issues that we are set
for hearing On May 24th before the PUC.
We have come up with a suggestion that the City will recommend approval of
the PUD that was presented here tonight with the Developers agreement to
stay the PUC application for United Water extending their certificated area
over the Lanewood Estates and the Developer would consent to annex the
PUD into the City upon the approval of the PUD by Ada County which is
substantially similar to what is presented tonight. The developer would agree
to have the PUD served by the City Water System in compliance with Eagle
City Ordinances and if at the time the Lanewood PUD needs to hook up to a
public water system and the City system is not available to do so then the
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 the
Yorgason come forward on the record and state that they agree with this
concept.
Ramon Yorgason, Capital Development, We appreciate the Council and the
City Attorney working with us on this settlement approach. We certainly
agree to negotiate a settlement and work forward as soon as possible and I
would like to ask the City Attorney to contact our attorney, Bob Burns, and
we will be available to answer any questions. It is our understanding that
the City will support our application to the County and that we will make
application as soon as possible without jeopardizing our County application
and would make application to the City for annexation and the City water
service and if the City water service is not available we will find another
solution possibly United Water.
City Attorney Buxton: We do have a rough document that we looked at and I
will supply copies to everyone. Pick a time that you are available tomorrow.
Mayor: Susan, we just make a motion upon what you just stated?
So moved by Guerber. Seconded by Bandy. Discussion. Guerber
amends his motion to set the meeting time at 3:00 p.m. Second
concurs. ALL AYES: MOTION CARRIES............
General discussion.
City Attorney Buxton: The above Council motion continues all matters
remaining on the agenda to the meeting today, May 23 2007 , at 3:00 p.
9/13/2007
City of Eagle -- May 22 2007 minutes Page 10 of 12
MAY 23, 2007
CALL TO ORDER:Mayor calls the meeting to order at 4:03 p.
Bastian is present by a telephone conference call. Nordstrom is absent. A
quorum is present.
88. Request for purchase of Fallen Soldier- Statue:- Mayor Merrill
Mayor introduces the issue.
Discussion on the May 23 , 2007 Memo from Barbara Burton, Coordinator
Eagle Arts Commission , in regards to the Arts Commission request to go
through a public process of asking for ideas and artist proposals with input
from the public vs. selecting a non-community based work of art.
Council concurs that the Fallen Soldier Statute project is in conjunction with
the Healing Fields and the Mayor s Youth Action Council and that individuals
have contributed to the purchase of the statute at the Healing Fields event
and further funding raising will pay for the statute. This is a public project
and will not be paid for by City funds.
Bandy makes a motion to approve the purchase of the Falling Soldier
Statute in the amount of $4 400.00. Seconded by Guerber. Bastian:
AYE; Guerber: AYE; Bandy: ALL AYES: MOTION
CARRIES......................
8C. Security Camera system for municipal parks:- (OM)
Mayor introduces the issue.
Guerber moves to approve the proposal presented last night for the
security camera system for municipal parks up to the amount of
$19,500.00. Seconded by Bandy. Discussion. Bastian: AYE; Guerber:
AYE; Bandy: ALL AYES: MOTION CARRIES......................
80. Flag poles for City Hall:- (OM)
Mayor introduces the issue.
Guerber moves to authorize the purchase of the three flag poles in an
amount no to exceed $12 228.00. Seconded by Bandy. Bastian: AYE;
Guerber: AYE; Bandy: ALL AYES: MOTION CARRIES......................
8E. Resolution 07-: A Resolution To Support And Participate In The
Development Of Adequate Public Facilities Ordinances Specifically Including
Those For land Use And Transportation; And Providing An Effective Date.
(WEV)
Mayor introduces the issue.
General discussion.
Guerber moves to table Resolution 07-13 to the June 12, 2007 City
Council meeting. Seconded by Bandy. ALL AYES: MOTION
CARRIES................ ""
9. UNFINISHED BUSINESS:
A. Vizcaya Subdivision Water Main Oversizin Reimbursement:This
item was continued from the May 2007 meeting. (OM)
Mayor introduces the issue.
General Council discussion.
Bandy moves to approve the Vizcaya Subdivision Water Main
Oversizing Reimbursement as presented by the Public Works Director;
Vizcaya Subdivision will be given a credit of $24,000.00 towards STL
fees and the balance of $11,000.00 will be paid out of the Water Funds
STL 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......................
9/13/2007
City of Eagle -- May 22, 2007 minutes Page 11 of 12
B. Vehicle Purchase for Public Works Department:(DM)
Mayor introduces the issue.
Guerber moves to authorize the lease of a 2006 Chevrolet Envoy from
Garden City for $300.00 per month for the remained of the fiscal year
with the understanding that this will be credited towards the purchase
of the vehicle in the next fiscal year for $20 000.00 and authorized
spending the $300.00 per month. Seconded by Bandy. Bastian: AYE;
Guerber: AYE; Bandy: ALL AYES: MOTION CARRIES......................
Bandy: I would like to have a budget summary report on the June 19, 2007
City Council meeting. We have made a number of expenditures over the
course of this year and I would like to see where we stand on some of these
items.
Continued from May 22, 2007 Council Meeting at 1 :00 a.m. May 23,
2007.
8. NEW BUSINESS:
A. 2006000265-S/ZC/PUD/DA - Lanewood Estates Planned Unit
Development - Lanewood Investments, LLC (Ada County Application):
Lanewood Investments, LLC, represented by David Yorgason with Capital
Development, Inc., is requesting a rezone with a development agreement
from Rural Urban Transitional (RUT-Ada County designation) to Low Density
Residential (R2-Ada County designation), planned unit development, and
preliminary plat subdivision approvals for Lanewood Estates, a 426-lot (381-
buildable , 45-common) planned residential development. 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 on the north by N.
Beacon Light Road and is located at 2810 Lanewood Road. This site is
located in the Eagle Area of Impact. (WEV)
City Attorney Buxton: This item was continued from the May 22 , 2007 City
Council meeting for settlement discussion. I would recommend that the
Council go into Executive Session under Idaho Code 67 -2345(f) to discuss
this matter further and work with Capital Development and their attorney to
settle this matter.
Guerber moves to go into Executive Session for the discussion
matters under Idaho Code 67-2345(f). Seconded by Bandy. Bastian:
AYE; Guerber: AYE; Bandy; ALL AYES: MOTION
CARRIES................ ....
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. and
authorize 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. ~ 67-2345(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:
Hearing no further business, the Mayor adjourned the meeting at 6:50
9/13/2007
City of Eagle -- May 22 2007 minutes Page 12 of 12
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE
AT EAGLE CITY HALL
Contact City Hall at [phone] - 660 E. Civic Ln. . or P.O. Box 1520 Eagle. Idaho 83616 eaglecity((Ycityofeagle.org
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9/13/2007
MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
950 W. BANNOCK STREET, SUITE 520; BOISE, ID 83702
TELEPHONE: [phone] FAX: [phone] www.msbtlaw.com
STEPHANIEJ. BONNEY
SUSAN E. BUXTON
PAuLl. FITZER
MICHAEL c. MOORE!
BRUCE M. SMITH
PAUL A. TURCKE'
CARLJ. WITHROE,,
TAMMY A. ZOKAN
JOHN J. McFADDEN
Of Counsel
" Also admitted in California
+ Also admitted in New Mexico
" Also admitted in Oregon
, Also admitted in South Dakota
!Also admitted in Washington
September 2007
VIA FACSIMILE [phone]
Mr. Robert B. Burns
Moffatt Thomas Barrett Rock & Fields, Chtd.
101 S. Capitol Blvd., 10th Floor
Boise, ID 83701
RE:Annexation and Cooperation Agreement
Between the City of Eagle and Capital Development Inc.
Dear Bob:
As you are aware, the City of Eagle and Capital Development Inc. (CD I) have an
Annexation and Cooperation Agreement (copy attached) which addresses the annexation of
certain property by Lanewood Investments LLC and provision of water service to the
development by the City of Eagle. Paragraph 3 of the Agreement provides for the City to
withdraw its objections to CDI's applications with Ada County, and Paragraph 1 requires status
reports approximately every two weeks from the City, which the City has provided. Under
paragraph 4 of the Agreement, CDI was to apply to annex the property immediately following
Ada County s approval of CDI's applications and submit improvement plans, including water
service plans, for the City to review.
In compliance with the Agreement signed May 23 , 2007, the City immediately withdrew
its objections with Ada County (letter dated May 24, 2007, copy attached), and CDI's
applications were approved by Ada County on July 11 2007. To date, the City has not received
an annexation application or any of the required information from CDI about development plans
or improvement plans for the water system for the development. It has now come to the City
attention that CDI and United Water have entered into a Confidentiality Agreement and
collectively undertaken a process to plan for provision of water service to the development by
United Water. This action was taken with no notice or other communication to the City
Eagle. According to the City Engineer and City planning staff, there has been no information or
communication from CDI about the status of plans for the development or the submission of any
E,ff
Mr. Robert B. Burns
September 13 2007
Page 2
improvement plans for the City to review.
The City of Eagle has, in fulfillment of the Agreement to provide water service to the
development, provided status reports as required by the Agreement and undeliaken in good faith
to ensure it had sufficient water rights to serve the development. This is notice that the City has
those water rights and will meet its commitment to provide service consistent with the
Agreement.
CDI and UWI have asked the IPUC to schedule a hearing on September 24, 2007. The
hearing is unnecessary and will cause the parties to needlessly incur additional expense. The
City is requesting that CDI immediately notify the IPUC that the hearing is unnecessary, and that
CDI notify United Water that water service will be provided by the City of Eagle and that the
Application of United Water Idaho Inc. to Amend and Revise Certificate of Convenience and
Necessity No. 143 should be withdrawn. In order to begin to cure CDI's default under the
Agreement, the City is also requesting that CDI promptly submit its application to annex into the
City of Eagle and provide the improvement plans and water service plans referred to in the
Agreement for the City s review.
The City is disappointed that CDI appears to be trying to avoid the clear intent of the
Agreement by working in secret with United Water to plan for service by UWI. The City is also
disappointed in CDI's failure to communicate with the City on the planning and development of
the property, to provide the documents required by the Agreement, and to breach an Agreement
that provided substantial benefits to CDI.
The City is requesting the above actions by CD I in order to avoid needless litigation and
proceedings before the IPUC. The requests are made based upon the City s understanding of
actions taken by CDI, actions of which the City had no prior knowledge. This letter is also
notice that the City reserves the right to pursue all legal remedies available to it against CDI
should CDI not meet its obligations under the Agreement. The City is committed to working
with CDI on this matter, but the circumstances described above dictate that CDI communicate
and cooperate with the City in a good faith effort to meet CDI's obligations under the
Agreement.
Sincerely yours
MOORE SMITH BUXTON & TURCKE, CHTD.
't?uce M. Smith
BMS/dls
Enclosure
~ .
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. ". ,
ANNEXATION AND COOPERATION AGREEMENT
THIS ANNEXATION AND COOPERATION AGREEMENT (this
Agreement') is made effective upon its full execution below , by and between the City of Eagle
a municipal corporation in the State ofIdaho ("Eagle ), and Capital Development, Inc., an Idaho
corporation ("CD!"'
PRELIMINARY STATEMENT
CDI has filed with Ada County certain land use applications ("CDI's
Applications ) with respect to CDI's proposed development of certain property (the "Property
owned by CDI's affiliate Lanewood Investments , LLC, an Idaho limited liability company
Lanewood Investments ), as more particularly described in the Preliminary Plat Staff Report
attached hereto as Exhibit A. In connection with its proposed development of the Property,
CDI has requested United Water Idaho Inc. ("United Water ) to provide water service to the
Property in accordance with the Application of United Water Idaho Inc. to Amend and Revise
Certificate of Convenience and Necessity No. 143 (Case No. UWI- W-07-02) currently pending
before the Idaho Public Utilities Commission ("United Water s Application ). Eagle has
heretofore opposed both CDI's Applications and United Water s Application based principally
on Eagle s determination that it will obtain in the near future those water rights necessary to
provide water service to the Property through Eagle s municipal water system and its resulting
desire to annex the Property into the City of Eagle.
AGREEMENT
NOW, THEREFORE, in order to resolve their differences on mutually
advantageous terms, allow for CDI's orderly development of the Property without undue and
costly delay, and provide for United Water s service of water to the Property in the event Eagle
is unsuccessful in obtaining the water rights it requires to service the Property, the parties agree
as follows:
1. CDI and Eagle will jointly request United Water and the Idaho Public
Utilities Commission (the "IPUC") to continue the hearing of United Water s Application
currently set for May 24, 2007, to the first available date occurring after August 24, 2007. Eagle
will provide to CDI written status reports on the progress of the water service plans with respect
to the Property approximately every two (2) weeks until Eagle can provide water service to the
Property .
2. Eagle shall provide water service to the boundary of the Property. The
Property shall be serviced by Eagle s municipal water system in accordance with all applicable
provisions of the Eagle City Code.
3. Eagle shall promptly withdraw all opposition to CDI's Applications and
not further oppose the same so long as CDI makes no material amendment thereto; provided
however, CDI shall not be limited by this provision in negotiating the modification of conditions
ANNEXATION AND COOPERATION AGREEMENT - 1
052307 1415
BOI MT2:650954.
, .
of approval to CDI'sApplications proposed by or through Ada County. Eagle shall also
expeditiously review and promptly provide any comments it may have on any approval of CDI's
Applications granted by the Ada County Planning and Zoning Commission.
4. CDI shall apply to Eagle to annex the Property promptly following Ada
County's approval ofCDI's Applications , which annexation application shall be subject to the
following terms:
~~~t (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 ofthe filing of
CDI's Applications; 'vi' (c) Eagle shall covenant to expeditiously review all improvement
plans submitted by CDI to Eagle with respect to the development of the Property, including,.,J 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 of the stub streets on the eastern boundary of the Property as
reflected in CDI's Applications , provided the Ada County Highway District consents to same
and to revising the length of the blocks in CDI's proposed development in accordance with
Eagle s development standards.
This Agreement shall be construed in accordance with the law of the State
of Idaho.
7. This Agreement constitutes the final and entire expression of the parties
and supersedes all prior agreements and understandings, either oral or written, regarding the
Property and may only be amended by a written agreement signed by the party to be bound.
8. This Agreement is binding upon and shall inure to the benefit 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 nON AND COOPERATION AGREEMENT - 2052307 1415
BOI MT2:650954.
11. The parties agree that, in the event of any judicial proceeding arising out
of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees
and costs incurred in connection with such action or proceeding, including those incurred on
appeal.
12. This Agreement shall be executed in counterparts, each of which shall be a
fully executed original and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of
the date indicated opposite each signature below.
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By its execution below, the undersigned
acknowledges and consents to the terms
of the foregoing Agreement
LANE WOOD INVESTMENTS, LLC
an Idaho imited liability company
CITY OF EAGLE
a municipal corporation organized and existing
under the laws of the State of Idaho
A TTES
~o 'J!-- I?J pd:qt~on K. ergmann, City Clerk
CAPITAL DEVELOPMENT, INc. ,
an I 0 corporation
ANNEXATION AND COOPERA nON AGREEMENT - 3052307 1415
BOI MT2:650954.
, .. -, .
CITY OF EAGLE
PRELIMINARY PLAT STAFF REPORT
ADA COUNTY TRANSMITTAL
, "- .
PE:S:CBWifil()N: LANEWOOD ESTATE8~A~D UNIT DEVELOPMENT
FILE NUMBER: 2006000265-S/ZC/PUDID A
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. LI,J.""'~--'I .CAPITAL DEVELOP~,lNC.
DAVID R -:Y.
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BOISE
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REPRESENTED--BY:DAVID, lEY ORGASON
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BOI~E JD'83713
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PLANNING AND ZONING COMMISSION HEARING DATE: May 7 2007
TENTATIVE CITY COUNCIL HEARING DATE: May 15 , 2007
PROJECT SUMMARY:
Lanewood Investments, LLC, represented by David Y orgason with Capital Development, Inc., isrequesting a zone change with a development agreement, planned uni~opment, andpreliminary plat subdivision approvals for Lanewood Estates, a 426-lot~ilelable, 45-common) planned residential developmenL The 190.52-acre site is bordered on the south of Floating Feather Road, on the west by N. Lanewood Road, on the east by N. Linder Road, and on
the north by N. Beacon Light Road and is located at 28 I 0 Lanewood Road. This site is located the Eagle Area of Impact
STAFF RECOMMENDATION:
B~sed upon the information provided to staff to elate, staff recommends denial of the requestedsubdivision.
NOTE: The site specific conditions of approval herein are solely a recommendation of City staff.Tb.e final decision as to the recommendation to Ada Couoty is totally subject to the City Council's
determination.
EXHIBIT A Exhibit No. 205
Case No. UWI-O7-
Nancy Merrill, Cit)' of Eagle
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STAFF FINDINGS OF FACT:
PROJECT SUMMARY:
Lanewood Investments, LLC, represented by David Yorgason with Capital Development
Inc., is reql1esting a zone change with a development agreement, planned unitdevelopment, and preliminary plat subdivision approvals for Lanewood Estates, a 426-10t
(18 I-buildable, 45-common) planned residential development The 190.52-acre site isbordered on the south ofW. Floating Feather Road, on the west by N. Laflewood Road, onthe east by N. Linder Road, and on the north by N. Beacon Light Road and is located at
2810 Lanewood Road. This site is located in the Eagle Area of Impact.
APPLICATION SUBMITTAL:
This is an Ada County application for a proposed subdivisiofl 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 9-4-1-
through 9-4-12.
NOTICE OF PUBLIC HEARING: Responsibility of Ada County.
HISTORY OF PREVIOUS ACTIONS: None
COMPANION APPLICA TrONS: All applications are inclusive herein.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
CaMP PLAN ZONJNG LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up to two RUT (Ada County AgricultuTal
units! acre)Designation)
Proposed No Change R1 (Ada County Designation-Single Family,
Low Density Residential)Residential Planned
Unit Development
North of site Transitional Residential RUT (Ada County Residential and
Designation)agricultural
South of site Residential Two (up to two DA-P (Residential Legacy Development
units! acre)maximum two units/acre with (Mosca Seca
a development agreement and Subdivision)
a planned unit development)
East of site Residential Two (up to two RUT (Ada County Agricultural
units/ acre)Designation)
West of site Residential Two (up to two RUT (Ada County Agricultural
units/ acre)Designation)
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DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA, CEDA, or DSDA.
SITE DATA:
Total Acreage of Site - 190.
Total Number of Lots - 426
Total Number of Units - 381
Residential - 381
Commercial- 0
Industrial - 0
Common - 45
Single-family - 381
Duplex - 0
Multi-family. 0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre Two units per acre Up to two units per acre
Minimum Lot Size 700-square feet 17,OOO-square feet
(Except that a decrease of minimum
lot size in a subdivision may be
aJiowed if there is an offsetting
increase of the same square-footage
in open space and a planned unit
development is applied for and
apprcwed) - per ECC Section 8-2-4
(G).
Minimum Lot Width 70-feet 75-feet (minimum)
Minimum Street Frontage 30-feet 35-feet (minimum)
Total Acreage of Common Area 35.36-acres 50.87-acres (minimum)
19.05-acres for 10% minimum
plus 31.82-acres for lots
smaller than the minimum -
per BCe Section 8-2-4 (G)
(Except that, according to ECC
Section 9-8 (C) the City may
require additional public and/or
private park or open space facilities
in PUDs or in subdivisions with 50
or more lots.
Percent of Site as Conunon Area 18.56% *26.7% (minimum-see above)
Except that, according to ECC
Section 9-8 (C) the City may
require additional public and/or
private park or open space facilities
in PUDs or in subdivisions with 50
or more lots.
*Note: TIle Common Area calculation is inclusive of the areas adjacent to the irrigation canals and
drainage ditches throughout the site.
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GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on April 3, 2007, shows a thirty-five foot
(35') wide common lot adjacent to N. Lanewood Road and fifty foot (50') wide conunon
lots adjacent to N. Linder Road, W. Floating Feather Road, and W. Beacon Light Road.
The preliminary plat also shows the drainage ditches to be located within common lots
approximately one hundred feet (100') in width.
Open Space:
The common area/landscape lots table provided on the preliminary plat shows 1 540,487
square feet (35.36 acres) of common area inclusive of the open space areas, buffer areas
adjacent to the pubic roads, areas adjacellt to the drainage ditches, and the landscape
islands located within the public roads.
Storm Drainage and Flood Control:
Street: drainage plans are to be submitted by the applicant to Ada County as required by
the County's Subdivision Ordinance
Utility and Drainage Easements, and Underground Utilities:
Unobstructed utility easements shall be provided along front lot lines, rear lot Lines and
side lot lines when deemed necessary. Total easement width. shall not be less than twelve
feet (12'
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - yes
There are two existing residences located on two separate parcels are currently served by
septic systems. The applicant will be required to obtain the proper permits and abandon
the existing septic system.
STREET DESIGN:
Private or Public Sireets:
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 within
fifty-feet (50') of public right-of-way.
Applicant's Justification for Private Sireets (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.
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Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of the
roadway.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
Lighting:
Lighting for the proposed streets is required.
Street Names:
Street name should be approved by the Ada County Street Name Committee prior to fmal
plat approval. Any modifications of street names shall be completed before fmal plat
approval.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council
PUBLIC USES PROPOSED: None proposed
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
Areas of CriticaL Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees. yes - adjacent to existing residences
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: - yes - irrigation and drainage ditches
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
AGENCY RESPONSES:
Since this is an Ada County application the City of Eagle does not transmit to the agencies
that may be impacted by the development; therefore, the City will not receive agency
responses regarding the developmenL
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LETfERS FROM THE PUBLIC: None received to date
PROPOSED TIlv1E SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant indicated within the narrative dated January 22, 2007, that due to the large
scale of the development, they have not identified the phasing and construction schedule
the narrative goes on to state that the applicant is planning to start construction
immediately upon County approval and will develop the property as efficiently as the
market will allow. However, there is a phasing plan provided with the submittal that
shows eighteen (18) phases for the project The applicant should provide a time schedule
for the phasing plan submitted with the application.
STAFF AN AL YSIS :
A. COMPREHENSIVE PLAN PROVISIONS WHICH 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.
Goal
To preserve the rural transitional identity.
Objectives
To encourage the preservation of open spaces,
Chapter 9 - Parks, Recreation and Open Spaces
Open Space
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation. water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
Goal
To provide wherever possible open space and natural features such as
natural river fTontage, greenbelts, river trails and pathways, creeks, flood
plains and flood ways, drainage ways and canals, development buffers
wooded areas, grasslands, foothills, and viewpoints for public use and
enjoyment.
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B. SOARING 2025 COMPREHENSIVE PLAN PROVISIONS, WIDCH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL
This property is within the Village Planning Area as recognized in the 2025 Western Area Plan.
Chapter 1 - Introduction
1.4 Relationship to Ada County Planning
The goals and policies of this plan are intended to be applied within the Eagle City
limits and the negotiated Eagle Area of City Impact The City acknowledges that the
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 the
majority of the urban development occur under the jurisdictional authority of
the City and connected to municipal services.
Chapter 2 - Community Design
5 Implementation Strategies
s. All urban development shall occur under the jurisdictional authority of the
City and be connected to municipal services.
Chapter 4 - Public Facilities and Services
1 Background
As the City of Eagle develops westward it is important to understand the variety and
availability of services within the area. Numerous special districts combine with City
services to protect and enhance the health safety and welfare of the Eagle community.
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 lhe gasoline transport system across the
United States ITom Alaska 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 feel As
the are develops it is important to identify the Chevron right-of-way, provide
significant seatbacks and buffers and encourage inspection of the line to ensure
development is not encroaching on this facility.
Chapter 6 - Land Use
3 Objective
The land use map and associated policies shall be the offLcial guide for de\.elopment in
the City of Eagle and shall be implemented through the zoning and development
review process.
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6.4 Implementation Strategies
c. Use smaller planning areas to help guide development in the western
planning area.
Appendix 1 - Glossary
Municipal Services Services, such as sewer water and library, owned and/or
managed by the City of Eagle to property owners within or adjacent to the city.
C. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area:
Zoning
District
Maximum
Height
Minimum Yard Setbacks Note Conditions A To po
111
1nterior
IStreet I
Maximum lot Minimum lot AreaSide Side Covered (Acres Or Sq. Ft.) G
And H*
0' 20' 40% 17.000 75'
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 stories
except by conditional use permit.
Eagle City Code Section 8-2-4(0):
A decrease of minimum lot size in a subdivision may be allowed if there is an offsetting
increase of the same square footage in open space and a planned unit development is applied
for and approved.
Eagle City Code Section 8-2-4(1):
Lot width shall be determined as follows: the distance between side lot lines measured at a
point midway between the front and rear lot lines. Minimum lot frontage, the portion of a lot
front adjacent to a public or private street, for all residential zoning districts shall be 35 feel
Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
J. Buffer AreasiConunon. Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (Land) and
vertical elements (plants, benns, fences, or walls). The purpose of such buffer space is
to physically separate and visually screen adjacent land uses which are not fully
compatible due to differing facilities, activities, or different intensities of use, such as
townhouses and a convenience store, or a high volume roadway and residential
dwellings.
4. Major Roadways: New residential developments, including, but not limited to
subdivisions and multi-family de,"e!opments, shall be buffered from streets classified
as collectors, arterials, freeways, or expressways, to protect residential communities
from noisy, potentially dangerous, high speed roads. The "buffer area" shall be
defined as the distance from the outside wall of the lowest story of any single-family
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attached or detached dwelling '!Dd the right of way line of the roadway. The lowest
story must be screened :&om 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 of
way shall not be included as a part Dfthe buffer area required below. The height for
hemUng/fencing, as noted below, shall be measured from the elevation of the final
grade of the adjacent roadway (measured at the centerline) to the top of the proposed
berming/fencing. The required buffer area width, plantings, and fencing are as
follows:
b. Any road designated as a minor arterial on the Ada County long range
highway and street map:
A minimum of fifty feet (SO') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet
of right afway: five (5) shade trees, eight (8) evergreen trees, three (3)
flowering/ornamental trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that
not more than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high. berm
decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wal~ or combination thereof shall be provided within the buffer area.
The maximum slope for any berm shall be three feet (3') horizontal distance to
one foot (1') vertical distance. If a decorative block wall, cultured stone
decorative rock, or similarly designed concrete wall is to be provided, in
combination with the berm, a four foot (4') wide flat area shall be provided for
the placement of the decorative wall. Chainlink, cedar, and simiLar high
maintenance andlor unsightly fencing shall not be 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-, shall apply within the Eagle area of city impact, adopted on
June 22 2004, by ordinance 475 and as may be amended from time to time. Subsequent
amendments to the aforesaid Eagle comprehensive plan shall apply within the Eagle area
of city impact if the city and the county so agree.
C. Applications for subdivision development in the Eagle area of City impact shall be
evaluated for conformance to the design and improvement standards contained in the
Eagle City Code, Title 9 , Chapter 3, and in Chapter 4, Sections 94-1 through 9-4-12.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECLAL CONCERN REGARDING
THIS PROPOSAL:
Eagle City Code Title 9, Chapter 3 Design Standards
1 Minimum Standards Required:
AU plats submitted pursuant to the provisions of this title, and all subdivisions
improvements and facilities done, constructed or made in accordance with said provisions
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shall comply with the minimum design standMds set forth in this chapter; provided,
however
. .
that any higher standards adopted by any highway district, the Idaho
transportation department or health agency shall prevail over those set forth herein.
2 Streets and Alleys:
1 Location:
Street and !oad location shall conform to the following standards:
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than five hundred feet (500') in
length and shall terminate with an adequate circular turnaround having a minimum radius
offJfty feet (50') of right of way with the following exceptions:
1. Alternative types of turnarounds for cul-de-sacs which will provide access to less than
thirteen (13) dwelling units may be permitted by the city if approved by the fire
department and the highway district having jurisdiction.
2. In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres. cuI-dc-sac streets up to a maximum of one thousand five hundred feet 0.500'
in length may be permitted by the city if approved by the fIre department and the
highway district having jurisdiction. No more than twetlty (20) dwelling units shall be
permitted on said cul-de-sac.
3. In zoning districts which prohi"bit densities greater than one dwelling unit per five (5)
acres. cul-de-sac streets up to a maximum of two thousand eight hundred feet (2.800~
in length may be permitted by the city if approved by the fire department an.d the
highway district having jurisdiction. No more than twenty (20) dwelling units shall be
permitted on said cuI-de-sac.
5 Lots:
Lots shall COnfOlID 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 shaH be provided aLong front lot lines, rear lot lines and side lot
lines when deemed necessary. Total easement width shall not be less than twelve feet (12').
B. Unobstructed drainageway easements shall be provided as required by the city council.
C. All natural drainage courses shall be left undisturbed or be improved in a manner which will
improve the hydraulics and ease of maintenance of the channeL
8 Public Sites and Open Spaces:
Public sites and open spaces shall conform to the following standards:
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B. Natural Features: Existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, watercourses, historic spots andsimilar iITeplaceable assets) shall be preserved in the design of the subdivision.
C. Special Development: In the case of planned unit developments and large scale developments
the city council may require sufficient public and/or private park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
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 subdivisions shall be as follows:
IZoning DistrictllR-2 I !R-3 IIR-4 t IR-5 IIR-2SI
en Space 1110%1110%1110%1110%1110%
& Water System:
The provision of a public water system shall conform to the following standards:
A. All subdivisions wUhin the Eagle city water service area shall comply with title 6, chapter5 of this code.
Eagle City Code Title 6, Chapter 5 Water Systems
1 Rules and Regulations:
B. Scope: The water department and all customers receiving services ITom the water department
whether inside or outside the citv limits.are bound by this chapter and the rules and
regulations of the water departmenL
3: Service Area and COlUlection Requirement:
A. Service Area: The area serviced by the city shall be only that area within the corporate limits
of the city, which is so designated by the city council, and such other contiguous and
neighboring territory as the city council shall, from time to time, deem necessary to serve andidentified on the water service development plan map contained in the city of Eagle water
seIVice master plan.
Eagle City Code Title 9, Chapter 4 Required Improvements
1: Improvements Required:
Every subdivider shall be required to install the following public and other improvements in
accordance with the following conditions and specifications.
9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
A. Intent: The placement of pathways is intended to encourage nonmotorized forms
of travel, and to provide safe, convenient and aesthetic altemative travel routes to
common destinations such as schools, parks, shopping centers, etc. The followingfactors will be considered in the placement of any pathway. the utility and need
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for a given pathway, impacts to existing neighborhoods, compliance with the
transportation/pathway network maps within the comprehensive plan, pathway
design as it relates to both crime prevention and function, and the responsibilities
of ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways, (except in
cases where it is shown to be inappropriate), that provides access to adjacent:
c. Adopted pathway elements within the comprehensive plan and the ridge to
rivers pathway plan;
d. Neighborhoods;
g. Transportation or other community facilities, and vacant parcels, held
either publicly or privately which could provide future neighborhood
connection(s) to the above noted sites; and
h. In similar cases where deemed appropriate.
D. Pathway Design; While the city may exercise considerable discretion in
determining the design of pathways, the following minimum standards should be
followed:
1. The paved portion of the pathway may range from six. feet (6') to ten feet (10'
in width. Micropathways within subdivisions which are designed for primary
use by the residences of the subdivision shall be a minimwn 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 sl1all be a minimum ten feet (10') wide
and shall be located within a twenty foot (20') wide pedestrian access
easement.
3- A five foot (5') wide landscaped arealbuildmg and fence setback, as measured
from both edges of the paved path, shall be required, and will be owned by
either the abutting property owner(s) or a homeowners' association unless
accepted by a public entity. The five foot (5') wide landscaped area on either
side of the pathway may be decreased to a minimum of two feet (21 wide (as
measured from the edge of asphalt to the easement line) when used in
conjunction with a meandering pathway, however, the total width of the
. landscape area shall not be less than ten feet (10') (i.e. 2 feet on one side of
the path and 8 feet on the other). For safety purposes, planting material in this
area is limited to three feet (3') in height. The landscape, fence and building
regulations for this area shall be indicated by a note on the plat.
E. Responsibility: The following provisions are intended to provide guidance to
those entities that are responsible for construction, maintenance and/or liability for
a pathway. illstallation costs, which may include construction of the paved path
are the responsibility of the developer.
Page 12 of16
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1. Homeowners' Association:
a. Pathway systems within a proposed subdivision providing access to
private common space and/or other amenities that are used solely by the
residents of a subdivision shall be the responsibility of the homeowners
association.
9-4-7: Bicycle Pathways:
A bicycle pathway shall be provided within all subdivisions as part of the public right
of way or separate easement, as roay 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 m accordance with
any adopted local plans and specifications. All new public water supply or sewer
systems shall be an extension of an existing public system whenever possible. In
the event that the proposed public water supply or sewer system is not an
extension of an existing public system, there shall be a showing by the subdivider
that the extension is not feasible and not in the best interest of the public.
C. Pressurized Irrigation Facilities:
L 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 IlIlits 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.
9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be
required for the protection of residential properties from streets classified as collectors
arterials, freeways/expressways, waterways, railroad rights of way or other features.
Subdivision plats shall show the location of all buffer areas.
D. DISCUSSION:
The Eagle Soaring 2025 Plan. Chapter One - Introduction., Section 1.4 Relationship to Ada
County Plannmg, 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 - Conununity Design, Section 2.5 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, and
preliminary 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 13 of 16c:~ """ Sdliop'BMS.MSII'IlAWILocoI Sot!inplTcmporuy IatEnlCt FdrslDLKSC"200700017 S.ZC.PUP-DA Lancwood stfclo.
1 1
shall be evaluated for conformance with the City of Eagle s Subdivision Code, Title 9, Chapter 3
and Title 9 Sections 9-4-1 through 9-4-12. The proposed development as shown on the
preliminary plat date stamped by the City on April 3, 2007, shows lots ranging from 7 700-square
feet to 28,O46-square feet in size. The applicant is requesting an R2 zoning designation through
Ada County, which has a 16 OOO-square foot minimum lot size. Per Eagle City Code Section 9-
$, lots within any subdivision shall comply in all respects with the official height and area
regulations as set forth in section 8-2-4 of the code. Per Eagle City Code Section 8-2-4-, Schedule
of Building Height and Lot Area Regulations, the minimwn lot size within an R-2 (ResidentiaL-up
to two units per acre) zone is 17 000 square feet. The applicant is proposing 381. -buildable lots
within the subdivision, 237 of those lots, approximately 62%, are below the minimum lot size of
an R-2 (Residential-up to two units per acre) zone. The Building Height and Lot Area Regulations
also provides for a decrease of minimum lot size in a subdivision be allowed if there is an
offsetting increase of the same square footage in open space and a planned unit development is
applied for and approved. A3 provided within this report within the Staff Finding of Facts, Section
H, 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--square
foot minimum lot size. This figure is based on an offsetting increase in open space of 1 386,147-
square feet (3L82-acres) plus the required ten percent (10%) open space of 829 818-square feet
(19.05 acres). The applicant should provide a revised preliminary plat showing an additional
386,147-square foot (31.82-acres) of open space for a total of 2,215 965-square feet (50.87-
acres).
The Eagle Comprehensive Plan designates the property as "Residential Two" with a density not to
exceed two units/acre. The "Residential Two" designation was envisioned to primarily allow for
singLe family residential development within areas that are rural in character. The Eagle Soaring
2025 Plan designates the property to be located within the "Village Planning Area" with the
overall densities south of Beacon Light Road to average one to two units/acre. The proposed
Lanewood Estates Subdivision has a density of two units per acre.
This development proposes features that may be considered comparable to the City of Eagle
requirements for residential subdivisions with the exception of the amount of required open space
proposed. Design elements include street sections with five foot (5') wide concrete sidewalks
separated by an eight foot (8') wide landscape strip abutting both sides ofllie roadways, and buffer
areas abutting all roadways bordering the four (4) sides of the development The 35 .36-acres of
open space includes interconnecting pathways throughout the devdopment, natural surface paths
adjacent to the large drainage ditches, five (5) open space areas larger than one (l) acre in size, a
swimming pool with a changing room, and four (4) tot lots-
The applicant should be required to place a note on the fmal plat which states that, "'All lots and
construction shall comply in all respects with the official height and area regulations as set forth in
Section 8-4 of the Eagle City Code" per Eagle City Code 9-5 (A) or as otherwise approved by
the Conditions of Approval within the DeveLopment Agreement associated with Lanewood Estates
Subdivision.
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 Place
provides access to twenty two (22) residential lots. Eagle City Code prohibits cul-de-sac streets to
be more than five hundred feet (500') in length. The applicant should provide a revised
preliminary plat showing N. Premier Place to not exceed five hundred feet (500') in length or
provide a buLb-out at midpoint which provides an adequate area to turn emergency equipment
around.
Page 14 of 16
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The subject property is located in an area that the City of Eagle has identified to be within the
City's water service area. The applicant has indicated within their narrative dated January 22
2007, that water will be provided by United Water. Per Eagle City Code Section 9-4~, states inpart that all public water supply or sewer systems (serving 2 or more separate premises or
households) shall be constructed in accordance with any adopted local plans and specifications.
Per Eagle City Code Section 9-, all subdivisions within the Eagle city water service area shall
comply with Title 6, Chapter 5, of this code. Since the proposed development is located in the City
of Eagle s water service area the applicant should be required to connect to City of Eagle water
system.
Per Eagle City Code Section 9-, lots within any SIlbdivision shall comply in all respects with
the official height and area regulations as set forth in Section 8-2-4. The proposed setbacks as
shown on the preliminary plat date stamped by the City on April 3. 2007, shows the setbacks for
lots within this development:Setbacks: Lots :::--16.000 square feetFront 25'Rear 20'In.terior Side 5' (per story)Street Side 20'
Maximum Coverage 25%
Lots.c 16.000 square feet
20'
15'
5' (total)
20'
N/A
It is staff's opinion that reduced setbacks should only be permitted for lots less than 17 000 squarefeet in size. The following setbacks and maximum coverage for this development should be
required:
Setbacks:
Front
Lots ;0.17.000 square feet
30'
Lots 0::: 17.000 square feet.
20' (measured from back of
sidewalk)
25'
5' (per story)
20'
40%
Rear
Interior Side
Street Side
Maximum Coverage
30'
10'
20'
40%
The preliminary plat date stamped by the City on April 3, 2007, indicates within the notes of the
plat that au lot lines common to a public right-of-way shall have a ten foot (10') wide easement
The plat does not reference or delineate additional utility easements. Per Eagle City Code Section
, unobstructed utility easements shall be provided along front lot lines, rear lot lines, and side
lot lines when deemed necessary. Total easement widths shall not be less than twelve feet (12') on
all lots 17 OOO-square feet and greater. The interior lot line easement on lots less than 17 000-
square feet should be ten feet (10') wide in total width. The applicant should provide a revised plat
with a plat note describing the easement widths to be as so noted.
The Chevron Pipeline bisects the northeast corner of this property. The preliminary plat date
stamped by the City on April 3 , 2007 , shows the pipeline to be located within a sixteen and one
half foot( 16.) wide easement which bisects Lot 16, Block 13, and adjacent to the rear lot lines of
Lots 2-, Block 14 and Lot 15 , Block 13. Although a regional pathway plan has not been
completed for the area west of Linder Road it should be noted that the Transportation/Pathway
Network Map # l 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 (10"
regional pathway be constructed within a minimum twenty foot (20') wide common lot located
over 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 IS of 16
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The preliminary plat date stamped by the City on April 3, 2007, indicates within the notes of the
plat that a pressurized irrigation system will be provided and that the system will be maintained by
the homeowner s association. The plat also delineates the location of the pressurized irrigation
lines (pIRR). The line locations and flows should be reviewed and approved prior to approval of a
final 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 development
agreement, conditional use permit, planned unit development, and preliminary plat for Lanewood
Estates Subdivision to meet the intent of the Comprehensive Plan.
Place a note on the final plat which states that, "All lots and construction shall comply in aU
respects with the official height and area regulations as set forth in Section 8-2-4 of the Eagle City
Code" or as otherwise approved by the Conditions of Approval within the Development
Agreement associated with Lanewood Estates Subdivision.
Applicant should provide a revised preliminary plat showing N. Premier Place to not exceed five
hundred feet (500') in length or provide a bulb-out at midpoint which provides an adequate area to
turn emergency equipment around..
The applicant shaU 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 0( 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%
Provide a revised plat with a plat note descn"bing unobstructed utility easements shall be provided
along front lot lines, rear lot lines, and side lot lines to be twelve feet (12') in width and five feet
(5') in width adjacent to interior lot lines oflats less than 17 OOO-square feet in size.
Provide a revised preliminary plat showing a twenty foot wide (20') wide conunon lot to be
located over the Chevron pipeline.
Submitted by:
April 27. 2007
DateMichael Williams, PCED
Planner II
Page 16 of16
C:\Doawmu m4 SmiaplilMS.MSBrLAWlLooa! ScttiDp\TmpotIIy IDIemeI filcs\OLJ(SO200700017 S.ZC.PUD-DA Laacwo.~ Esu1.. ..(do.
l \i :
Mayor: Nancy C. Merrill CITY OF EAGLE
P.O. Box 1520
Eagle, Idaho 83616
939-6813
Council: Stanley J. Bastian
Phil Bandy
Steve Gu~rber
Scott Nordstrom
May 9, 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 (McCarrel against, Pierce absent) to
recommend denial of this application. A recommendation of approval could be obtained if the following
con~ms could be addressed;
1. Applicant submits applications to the City of Eagle for an annexation, rezo"ne with a development
agreement, conditional use permit, preliminary development plan, and preliminary plat for
Lanewood Estates Subdivision to meet the requirements of the Comprehensive Plan.
2. The applicant shall be required to connect to become a part of the City's 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 of Impact Agreement.
3. Meet all the requirements of the City of Eagle s Subdivision Code, Title 9, Chapter 3, and Title 9
Sections 9-4p 1-1 through 9-4-1-12 as adopted within the Area of Impact Agreement between the
City of Eagle and Ada County.
4. The developer shall provide 697 376-square feet (16.01-acres) additional open space for a total of
237 863-square feet (S1.37-acres) (26.7%) to meet the offsetting open space required for aU lotsbelow the minimum lot size of 11 000 square feet
Following the Eagle City Council meeting of April 15, 2007, a letter regarding the Council's decision will
be sent to you. Uyou have any questions, I can be reached at 939-0227.
cc;Mayor Merrill
Eagle City Council
file
Pagelofl
K:\Jllanning DepMdo Cou~ AppIiwionslSt1BS\2Go7UOO100011 S-ZC.PUD-DA t.ano...ood Esw.. po: 101""'.
l\ 1 ;
ORDINqCE NO. 623
.'-
AN ORDINANCE AMENDING ADA COUNTY CODE TITLE 9, CHAPTER 2, SECTION 2
AND 3 PROVIDING FOR THE ADOPTION OF AN AMENDED CITY OF EAGLE
COMPREHENSIVE PLAN AS ADOPTED BY THE CITY OF EAGLE ON SEPTEMBER 14,
2004.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY,
IDAHO THAT TITLE 9, CHAPTER 2, SECTION 9-3 OF THE ADA COUNTY CODE BE
AMENDED AS FOLLOWS WITH THE TEXT OF THE FOOTNOTES IDENTIFIED
HEREIN REMAINING UNCHANGED:
Section 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. fully
incorporated by reference, copies of which are available for inspection at the Ada County
development services department.
2. Amendments to the map are as 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.
g. Ordinance 623. June 28. 2006.
B. Division By Boundary Line: (11 case a property under single ownership is divided by the
boundary line of the Eagle area of city impact:. if such line divides such property so that one or
both of the parts has a depth of three hundred feet (300') or less, such part may be included in the
jurisdiction within which the remainder and larger portion of the property is located.
. Section 2: Ada County Code Section 9-3 is amended as follows:
ORDINANCE NO. 623 ~ PAGE 1
x:\donmi\logs\ordinaoce log\eteclronic copieslonl623.doc
Exbibit No. 206
Case No. UWI-W-O7-
NaDey Merrill, CityoCEagle
&~\
'\- 31
MOORE SMITH BUXTON & TURCKE, cn R~E~~t~DATTORNEYS AND COUNSELORS AT LAw
%OW. BANNOCK STain, Sum; 520
BoISl!, 10 8!702
TELEPHONE: [phone] FAX: (:ZOO) 331-1202
MAY 2 4 2007
STIi'II.uuE J.IIoNNEY
SUSAJI Eo
PAUl-J.1'nza
MlW4E1. C. MooI!.Et
IIItICEM.SMmI
P AUt. A.. 'fwcIa!t
CAaLJ. W.mtJI()E-."
TAMMY A. ZoItAN'
File:
ROU~l
. Also adllll!lte4-\e CaIIfonda
+ Also AdmItIed.IaNaw1lak&
. Also adiJliltedinOJecoa
. Also admlitell is SeutllDaIuU
t Also admitted ID W2IIIdDgtoa
May 24, 2007
VIA FACSIM!LE gOB) 2B7~7909
Ada County Pfmmingand Zoning Commission
And Ada County Development Services
Attn: Leslie Toombs, Planner II
200 West FrontStreet
Boise
, -
Idaho 83702-7300
Re:Public Hearing before th Ada County Planning Zoning
Commission for 200700017-S/ZCIPUDIDA
Lanewood Estates Planned Unit Development
Dear Planning and Zoning Commissioners:
Our finn represents the City of Eagle as its City Attorney. As a result of several meetings
with the Applicant on the above-entitled project, the City of Eagle withdraws its opposition to the
application.
If you have any questions, please do not hesitate to contact me.
Sincerely yours
Susan E. Buxton
SEB/cib
cc:The City of Eagle (via email)
Robert B; Bums, Esq. for Capital Development, Inc. (via email)