HomeMy WebLinkAbout20060921Bruce Smith letter.pdfMOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
950 W. BANNOCK STREET, SUITE 520
BOISE, ID 83702
TELEPHONE: (208) 331-1800 FAX: (208) 331-1202
STEPHANIEJ. BONNEY
SUSAN E. BUXTON
MICHAEL C. MOORa
PAuLl. FITZER
BRUCE M. SMITH
PAULA. TURCKE'
TAMMY A. ZOKAN
JOHN J. McFADDEN
Of Counsel
" Also admitted in Oregon
t Also admitted in Washington
, Also admitted in South Dakota
+ Also admitted in New Mexico
September 20, 2006
Mr. Scott Woodbury
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ill 83720
Re:Case No. UWI-06-
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Dear Mr. Woodbury:
On September 6 2006, Thomas Fassino, Project Manger for Kastera LLC, sent you a
response to your request for information dated August 28, 2006.
In his response to Request No., Mr. Fassino indicates that the City of Eagle engineer
told Kastera that it would take two years to provide service to Kastera s development. It has
been explained to Kastera that it misunderstood the City s information, and Mr. Fassino
response is incorrect as has been repeatedly explained. In fact, the City of Eagle is prepared to
deliver water to Kastera within the time line identified by Kastera.
The second part ofMr. Fassino s letter responding to Request No.1 relates to alleged
statements made by United Water Idaho about the City of Eagle and its system. If these
statements were made by United Water, the City of Eagle strongly objects to such representations
by United Water. United Water should not be making such representations, notwithstanding that
the assertions are incorrect.
The third part of Mr. Fassino s statement under Request No.1 regards Kastera s alleged
consultation with Facility Engineering Solutions of Laie, Hawaii. As you will recall, Kastera
representatives stated at the meeting at your office that its engineer has consulted with the City of
Eagle engineer. I have confirmed with the City engineer that, as of today, they have never had
any contact with this firm. Further, it is questionable whether an engineering firm out of Hawaii
Mr. Scott Woodbury
September 20, 2006
Page 2
would have any idea what the City of Eagle system consists of, what is being developed, or how
it functions.
In response to your Request No., Mr. Fassino indicates that Kastera has not made any
decision to annex. This is directly contrary to representations by Kastera to the City of Eagle.
Based on Kastera s representation that it did wish to annex, the City has undertaken efforts
including expending significant resources, to process necessary land use applications from
Kastera. The City is expecting Kastera to file its request for annexation soon. As Mr. Fassino
indicates, the City has responded to Kastera s draft MOU and Kastera in turn sent a letter to the
City. What is not explained is that Kastera continues to demand that the City guarantee certain
zoning densities that cannot be legally done without Kastera going through the public land use
application and platting process. This indicates that either Kastera does not want to engage in the
development process or is attempting to influence the development process through its questions
related to the provision of water. (Please see the attached September 20, 2006 letter from Susan
Buxton to Thomas Fasino explaining how the development process works.) Mr. Fassino also
failed to explain that the City has already signed a Memorandum of Understanding for Kastera
that Kastera now disagrees with.
Sincerely,
MOORE SMITH BUXTON
& TURCKE, CHARTERED
BMS/dls
MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
950 W. BANNOCK STREET, SUITE 520
BOISE, ID 83702
TELEPHONE: (208) 331-1800 FAX: (208) 331-1202
STEPHANIEJ. BONNEY
SUSANE. BUXTON
PAuLl. FITZER
MICHAEL c. MOORa
BRUCE M. SMITH
PAULA. TURCKEo
CARLl. WITHROE"
TAMMY A. ZOKAN
JOHN J. McFADDEN"t
Of Counsel
"Also admitted in California
+ Also admitted in New Mexico
" Also admitted in Oregon
, Also admitted in South Dakota
tAlso admitted in Washington
September 20, 2006
Mr. Thomas Fassino
Kastera Homes
372 S. Eagle Road, Suite 375
Eagle, ill 83616
Re:Annexation of Kastera Trailhead Property
Dear Mr. Fassino:
Weare in receipt of your letter dated September 1 , 2006 to the Eagle Mayor and City
Council.
Your September 1 , 2006 letter contended that the draft MOU sent to you on August 25
2006, failed to provide "reasonable density information." The September 1 2006 lettter went on
to allege that other landowners, namely Legacy, M3, and Connelly had received "reasonable
assurance of anticipated development densities" and Kastera had not.
To clarify, Legacy s property was annexed into the City with an Agricultural zone
designation. The Comprehensive Plan designated Legacy s property as Residenital Two. Legacy
was given no "assurances" as to densities that would be approved before they filed necessary
applications to establish residential and other density entitlements. Density entitlements are not
granted before Eagle holds the requisite public meetings and public hearings prior to rendering a
final City Council decision on land use applications. Legacy established their entitlements after
participating in the City s process.
M3 was made aware there is no comprehensive plan in the area where their property is
located. M3 has applied for a comprehensive plan amendment and related land use applications
with the City of Eagle that request densities of approximately two (2) units per one (1) acre. M3
is presently undertaking the City s land use development processes.
Similarly, Connelly has had several preapplication meetings with the Eagle City staff
where two (2) units per one (1) acre have been discussed. Connelley has indicated the intent to
file land use applications with the City of Eagle in the near future.
Mr. Thomas Fassino
September 20, 2006
Page 2
All parties are told that the City cannot commit to any densities until the public processes
have been met and a final decision is made by the Eagle City Council. I
Presently, 13 7 acres of the Kastera property in question is designated as one (1) unit per
five (5) acres in the Eagle Comprehensive Plan. The rest of that property is not included in the
Eagle Comprehensive Plan at this time.
While the City cannot commit to making any final decision as to densities prior to
undertaking the public processes set forth under Title 67, Chapter 65 , Idaho Code and in the
Eagle City Code, we would welcome receiving an application from Kastera to amend the
comprehensive plan, for a pre-annexation and development agreement, and for annexation to
address land ll~e entitleTTJents, incl ing densities
As you know, the City staff has had several discussions with Kastera representatives
addressing this matter and looks forward to seeing your applications so they can be processed.
We are also happy to review any amendment to the City's August 25 2006, MOU you may want
to submit.
To date, Kastera has not provided the City with any plans detailing the layout or the
phasing of your property. Further, absent receipt of a complete application, the City does not
have any legal way to provide development entitlements or undertake the requisite public
process. Notwithstanding, the City has made every effort to provide Kastera with reasonable
density information but absent an application and more specificity from Kastera, the City cannot
speculate as to an outcome and certainly cannot commit to a final decision.
With regard to your question about a path of annexation, the City is working with
adjacent propoerty owners but does not have any applications for annexation contiguous to your
property at this time.
The City looks forward to assisting Kastera in its continued endeavors with the Trailhead
project.
Sincerely,
MOORE SMITH BUXTON
& TURCKE, CHARTERED
Susan E. Buxton
SEB/c1b
I Idaho Code ~67-6509 sets forth the minimum requirements for public hearings for land use changes. Eagle City
Code codifies the public hearing requirements in several places in Chapters 8 and 9.