20070420City of Eagle to Kastera 1-5.pdf

MOORE SMITH BUXTON & TURCKE, CHARTERED
ATfORNEYS AND COUNSELORS AT LAW
950 W. BANNOCK STREET, SUITE 520; BorSE, ID 83702
TELEPHONE: [phone] FAX: [phone] www.msbtlaw.com
STEPHANIEJ. BONNEY
SUSAN E. BUXTON"
P AULj. FITZER
MICHAEL C MOORE!
BRUCE M. SMITH
PAUL A. TuRCKE'
CARLj. WITHROB,
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
April 20, 2007
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Mr. Scott Woodbury
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83720
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Dean J. Miller, Esq.
McDevitt & Miller LLP
420 West Bannock Street
Boise, ID 83702
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RE: IPUC Case Nos. UWI-06-04 (Kastera)
and UWI - W -07 -02 (Lanewood)
Dear Scott & Joe:
Enclosed please find the City of Eagle s Responses to Discovery Requests related to the above
referenced matters. You are being provided with one copy of the CD containing the Amended
Water Master Plan for use in both the Kastera and Lanewood cases.
Thank you.
Sincerely yours
MOORE SMITH BUXTON & TURCKE, CHTD.
"'-/'V
Bruce M. Smith
BMS/dls
Enclosures
Bruce M. Smith, ISB # 3425
Susan E. Buxton, ISB # 4041
MOORE SMITH BUXTON & TURCKE, CHARTERED
Attorneys at Law
950 West Bannock Street, Suite 520
Boise, Idaho 83702
Telephone: [phone]
Facsimile: [phone]
bms((.V,ms btlaw. com
Attorney for City of Eagle, Idaho
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INC. TO
AMEND AND REVISE CER TIFI CA TE OF
CONVENIENCE AND NECESSITY NO. 143
CASE NO. UWI-O6-
CITY OF EAGLE'
RESPONSES TO FIRST
PRODUCTION REQUEST
OF KASTERA LLC TO
THE CITY OF EAGLE,
IDAHO
COMES NOW the City of Eagle, Idaho, by and through its attorney of record
Bruce M. Smith, and submits its Response to First Production Request of Kastera LLC to
the City of Eagle, Idaho. Pursuant to Commission Rules of Procedure, the documents
were prepared by Counsel, City Engineer, and City Staff. The record holder is Sharon
Bergmann, City Clerk, P.O. Box 1520, Eagle, ID 83616 [phone].
As a general response, the City objects to any request which seeks information
protected by the attorney work product doctrine, attorney/client privilege, including
information produced or generated pursuant to any Executive Session meeting by the
City.
CITY OF EAGLE'S RESPONSES TO THE FIRST PRODUCTION REQUEST OF KASTERA LLC TO THE
CITY OF EAGLE, IDAHO -Page 1 of 4
REQUEST NO.1: Please provide a copy of all documentation in your
possession, including all letters, memoranda and emails, that in any way deals with the
Kastera annexation request for the Trailhead Community.
RESPONSE TO REQUEST NO.1: See Attachment No.
REQUEST NO.2: Please provide a copy of all documentation in your
possession, including all letters , memoranda and emails, that in any way deals with the
City of Eagle s plan to provide water service to the Trailhead Community.
RESPONSE TO REQUEST NO.2: See Attachment No.
REQUEST NO.3: Please provide a copy of all written or electronic
communications with any outside or third party consultants (not including legal counsel)
concerning the City of Eagle s ability to provide water service to the Trailhead
Community.
RESPONSE TO REQUEST NO.3: See Attachment No.
REQUEST NO.4: If the City of Eagle has, as of this date, an enforceable
annexation path for the Trailhead Community, please identify in detail such path of
annexation, including all parties involved and the agreements in place to establish such
path. If an annexation path does not currently exist, please provide a copy of all letters
contracts, agreements , memoranda of understanding, development agreements or similar
documents that the City of Eagle has used in its attempt to establish an annexation path
for the Trailhead Community. Please include any map or maps that show the existing,
intended or anticipated path of annexation for the Trailhead Community.
RESPONSE TO REQUEST NO.4: See Attachment No.
CITY OF EAGLE'S RESPONSES TO THE FIRST PRODUCTION REQUEST OF KASTERA LLC TO THE
CITY OF EAGLE, IDAHO -Page 2 of 4
REQUEST NO 5: As of this date, what capability does the City of Eagle have to
provide water service to the Trailhead Community? Based upon the facilities currently in
place or under construction, what is the earliest date that the City of Eagle could provide
water service to the Trailhead Community?
RESPONSE TO REQUEST NO.5: The City could provide service to
Trailhead as soon as the developer presents an acceptable Development Agreement and
completes construction of required work. The time line for statutory public notification
including negotiation ofa Development Agreement may be completed in four (4)
months. If material changes are made necessitating further public notification, the
process should be completed in six (6) months. The City s method of extending services
is to review and approve plans submitted by the developer s engineer, then allow the
developer to secure the most favorable bid for installation and make appropriate
inspections along with the developer s engineer to ensure that construction meets City
standards and approval conditions. In the instance of Trailhead, this construction process
could be done within a year of plan approval depending on Kastera s plans and
capabilities.
Dated this 20th day of April, 2007.
Attorney for City of Eagle
CITY OF EAGLE'S RESPONSES TO THE FIRST PRODUCTION REQUEST OF KASTERA LLC TO THE
CITY OF EAGLE, IDAHO -Page 3 of 4
CERTIFICATE OF SERVICE
I hereby certify that on this 20th day of April, 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
() U.S. Mail, Postage Prepaid
(x) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Gregory P. Wyatt
United Water Idaho, Inc.
PO box 190420
Boise, ID 83719
( ) u.S. Mail, Postage Prepaid
(x) Hand Delivered (Through counsel)
( ) Overnight Mail
( ) Facsimile
Tom C. Morris
Kastera LLC
372 S. Eagle Road, Suite 375
Eagle, ID 83616
( ) u.S. Mail, Postage Prepaid
(x) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Jean Jewell
Idaho Public Utilities Commission
472 West Washington
PO Box 83720
Boise, ID 83720-0074
( ) u.S. Mail, Postage Prepaid
(x) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
() U.S. Mail, Postage Prepaid
(x) Hand Delivered
( ) Overnight Mail
( ) Facsimile
--- .
Bruce SmIth
CITY OF EAGLE'S RESPONSES TO THE FIRST PRODUCTION REQUEST OF KASTERA LLC TO THE
CITY OF EAGLE, IDAHO -Page 4 of 4
ATTACHMENT
RESPONSE TO REQUEST NO.
CASE NO. UWI-O6-
Page 1 of 1
Nichoel Baird
From: Wayne Forrey (wayne forrey~kastera.com)Sent: Friday, August 18, 2006 3:38 PMTo: Nichoel BairdCc: Thomas Fassino
Subject: Coordination with Eagle and Kastera Homes
Attachments: Development Considerations Regarding City of Eagle and Ada County.doc
Good Afternoon Nichoel:
During our meeting on Tuesday afternoon with Mayor Merrill , Bill Vaughan asked me to send him our
analysis of development issues between the City of Eagle and Ada County. Please see the
attachment which summarizes our analysis. Thomas Fassino is out of the office this afternoon so
that's why I am sending this document to you instead of coming from Thomas. Can you please pass
this analysis along to Bill Vaughan? Thanks, Wayne.
Wayne S. Forrey, AICP
Welcome Home to Kastera
Tel: [phone] or 800-KASTERA
Fax: [phone]
:fP_HtY:,-~!c!:?te.ra.1J1
Kastera-IPUC UWI-06-
Eagle (1019.42) 000001
8/21/2006
Development Considerations Regarding City of Eagle and Ada County
From the perspective of Kastera Development
August 16 2006
Important Development Considerations Important Development
associated with growing Kastera within Considerations associated with
the City of Eagle growing Kastera within Ada
County
Becoming an important participant with a Becoming an important participant
community of citizens dedicated to with citizens dedicated to preserving
preserving a high quality of life for current high quality of life for current and
and future residents.future residents.
Community desire to shape a positive plan County desire to shape a positive
plan resulting in new foothillsresulting in new foothills planning policies.planning policies.
Community desire to achieve high quality County desire to achieve high quality
in all types of developments.in all types of developments.
Kastera-IPUC UWI-06-
Eagle (1019.42) 000002
From: Ben Forrey (mailto:ben forreygkastera.com)
Sent: Monday, July 24, 2006 12:14 PMTo: jean.jewellgpuc.idaho.govCc: Nichoel Baird; greg. wyattgunitedwater. com; Wayne Forrey
Subject: Kastera LLC 'Trailhead I request to Idaho PUC - July 24 2006 letter
Dear Commissioners:
Greetings. My name is Ben Forrey and I am the project manager for Kastera LLC I S Trailhead
development in Ada County. I am attaching a letter (please see attached) addressingKasteras situation with regard to United Water I s request to service our property. Please
review this letter and contact me with any questions.
Respectfully,
Ben Forrey
Welcome Home to Kastera
Tel: [phone] or 800-KASTERA
Fax: [phone]
www.Kastera. com ~http: Ilwww.kastera. com/~
CC: Nichoel Baird Spencer, City of Eagle
Greg Wyatt, United Water
Wayne S. Forrey, Kastera
Kastera-IPUC UWI-06-
Eagle (1019.42) 000003
Page 1 of 1
Nichoel Baird
From: Ben Forrey (ben forrey~kastera.com)Sent: Wednesday, August 02, 20061 :41 PMTo: jean.jewell~puc.idaho.govCc: Wayne Forrey; Thomas Fassino; Nichoel Baird; greg.wyatt~unitedwater.com
Subject: Change of project manager on Kastera Homes Trailhead project
Attachments: Trailhead - Change of project manager announcement 8-06.pdf
Dear Commissioners:
Thank you for taking an active interest in Kastera Homes Trailhead Development. I am attaching a letter that introduces
Mr. Thomas Fassino as the new project manager for Trailhead (please see attached). Please direct future
communications and correspondence to Mr. Thomas Fassino at Kastera Homes. Thank you for your understanding and
cooperation. Keep up your good work!
Respectfully,
Ben Forrey
Welcome Home to Kastera
Tel: [phone] or 800-KASTERA
Fax: [phone]
~!Z~g~,1~q$tf:.rg:,fQ.1J.
CC:Wayne FoITey, Kastera Homes
Thomas Fassino, Kastera Homes
Nichoel Baird Spencer, City of Eagle
Greg Wyatt, United Water
Kastera-IPUC UWI-06-
Eagle (1019.42) 000004
8/2/2006
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Mayor/ City Council
City Clerk V'
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P& Z Dept. i:,./D VI 5' Bldg. Dept.
Attorney
Engineer
August 2, 2006
Idaho Public Utilities Commissioners
472 West Washington Street
Boise, Idaho 83702
RE: Kastera Homes Project Manager Coordination - Request for Water Service in
foothills area north of Eagle, Idaho
Dear Commissioners:
Kastera Homes has recently acquired additional property in Ada County that is positioned
for major community development. Consequently, we have expanded our professional
staff and reorganized our internal project assignments to meet our business needs.
Thomas Fassino, one of our senior Project Managers, has been assigned full project
management responsibilities for our proposed Trailhead Planned Community. As you
communicate with Kastera Homes, please direct your inquires to Thomas Fassino.
Thomas can be reached at 208-472-0317. His email address is
Thomas fassino~astera.com.
Ben Forrey, another one of our senior Project Managers, will be managing another
planned community we are proposing near northwest Boise. This new community that
Ben Forrey is managing appears to be serviceable by United Water Company. It may
even be possible to connect these two communities with United Water main lines.
Ben Forrey has transferred all of the Trailhead files to Thomas and briefed him on the
current status of our coordination with the City of Eagle and United Water Company.
Thomas is fully up to speed on all Trailhead development issues. Please feel free to
contact Thomas Fassino if you have any questions.
Respectfully;
Wayne S. Forrey, AICP
Director of Planning and Development
Cc: City of Eagle and United Water Company, plus Ada County Highway District.
Kastera-IPUC UWI-06-
Eagle (1019.42) 000005
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.Kastera.com
EAGLE, IDAHO
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF EAGLE, IDAHO
And
KASTERA, LLC
1. PURPOSE: The purpose of this Memorandum of Understanding (MOU) is to establish
a framework and process for planning and development of Kastera LLC's (Kaster a) Trailhead
Property as identified in Exhibit A and, consistent with the terms of this MOU, other Kastera
properties which are located in the Eagle Foothills in close proximity to the City of Eagle
the City ), Idaho.
2. AUTHORITY AND OWNERSHIP OF LAND: Both the City of Eagle and Kastera
have the authority to enter into certain pre-annexation agreements, development agreements
contracts and MOUs, Kastera has several affiliated companies that own and control land
holdings within the area north of Eagle, Idaho as identified in Exhibit B (identify companies
and land). Kastera represents that it has the authority to execute and commit to this MOU and
other related documents on behalf of itself and these affiliated companies.
3. MUTUAL BENEFIT: Kastera and the City agree that it is to their mutual interest and
benefit to work cooperatively on planning and development of the Trailhead Property and
other Kastera properties identified in Exhibit B. All parties also agree it is to their mutual
benefit to work cooperatively to further plan and develop, consistent with Idaho law and City
ordinances and policies , the municipal water system to serve the Trailhead Property and other
Kastera properties.
FRAMEWORK AND PROCESS FOR TRAILHEAD PROPERTY
ANNEXA TION AND DEVELOPMENT PLANNING:
A, The City of Eagle and Kastera agree that annexation of Kastera' s Trailhead
Property into the City of Eagle provides mutual benefits to both parties. The execution of this
MOU shall be evidence of the intent of Kastera and the City of Eagle to undertake such action
as may be necessary to initiate the process for annexation.
B. In order to proceed with annexation planning, Kastera agrees to prepare and
submit to the City of Eagle such documents as are appropriate and necessary for the City to
begin the annexation process. Kastera agrees to submit such documentation by a date to be
agreed upon by Kastera and the City of Eagle,
C. Consistent with the execution of this MOU and the submission of
documentation for annexation as set forth in paragraph B , the City of Eagle will continue
steps to develop and improve its municipal water system, consistent with Idaho law and City
ordinances. In order to make such efforts by the City feasible to serve the Trailhead property,
MEMORANDUM OF UNDERSTANDING. 1
Kastera-IPUC UWI-06-
Eagle (1019.42) 000006
Kastera agrees to provide such information as the City determines is necessary and
appropriate to plan for design and construction of any needed facilities.
D. To facilitate planning and development of the Trailhead Property, Kastera and
the City of Eagle each agree to designate a lead representative for each party. The designated
representative shall coordinate and communicate such information as is necessary to ensure
an efficient and expeditious planning and development process, including steps necessary to
allow annexation of the Trailhead Property. Each party agrees to provide information
consistent with Idaho statutes, as may be necessary to accomplish the intent of this MOu.
E. The City acknowledges that Kastera has or may acquire properties other than the
Trailhead Property that could be appropriate for annexation into the City of Eagle. Upon
identification of such additional properties by Kastera to the City, the City agrees to consider
annexation of these additional properties as requested by Kastera.
F. Because it is the intent of the parties and this MOU to identify a process that
ensures to the maximum extent practicable an orderly and defined process for planning and
developing the Trailhead Property, Kastera and the City agree to amend, as appropriate, this
MOU to further that intent.
G. Nothing herein shall be deemed as a commitment by Kastera LLC or its
affiliates to take any action that exceeds the authority of either party.
IN WITNESS hereby the parties have executed MOU on the date written below.
CITY OF EAGLE KASTERA LLC
Var Reeve, Manager
Date:
ATTEST:
Sharon Bergml"! ~
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City Clerk
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Wayne S. Forrey, Manager
Date:
MEMORANDUM OF UNDERSTANDING - 2
Kastera-IPUC UWI-06-
Eagle (1019.42) 000007
Page 1 of 1
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From:Nichoel Baird
Sent: Thursday, August 24, 2006 12:49 PMTo: 'Wayne Forrey ; 'Thomas FassinoCc: Bill Vaughan
Subject: MOU
Wayne & Thomas,
The City has been diligently working on a MOU for the Trailhead project and the City Attorney should have that out today,
once the Mayor signs off on it. I have the M3 Disk and will either hold it here for you to pick up or drop it in the mail , let
me know what you prefer. We need to move forward to schedule meetings between you and the Council. I would like to
set up a time for Thomas to bring your concepts forward to staff, Bill Vaughan and myself, ad then have a series of
meetings with two council members each, I have discussed this with the council and they are eager to meet with you.
Please let e know your availability, mornings and late afternoons are best for the council.
Let me know your schedules and availability.
Nichoel R. Baird Spencer, MCRP, AICP
Planner III
City of Eagle
[phone]
[phone] (fax)
Kastera-IPUC UWI-06-
Eagle (1019.42) 000008
8/24/2006
RECEIVED & FILED
CITY OF EAGLE
APR 2 2006
FHa:
Route to: '
April 18, 2006
Honorable Mayor Nancy Merrill
and Eagle City Council Members
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Dear Mayor Merrill and Eagle City Council Members:
Kastera Homes has recently purchased 660 acres of land north of the
City of Eagle near Willow Creek Road. We have also acquired an
additional 278 acres along State Highway 55 north of Brookside Lane
near the Shadow Valley Golf Course. Kastera Homes is considering
annexation of these lands into the City of Eagle.
Is it possible that we could be invited to attend a work. session with
the City Council to discuss the possible annexation of our properties?
Thank you for your assistance in evaluating future annexation of our
land. Keep up your good work!
Respectfu lIy,
Wayne . Forrey, AICP
Director of Planning and Enti ements
Mayor/ City Council
City Clerk
p & Z Dept.
Bldg. Dept.
Attorney
Engineer
vf.orV'j '
Enclosed: Vicinity Map
Kastera-IPUC UWI-06-Eagle (1019.42) 000009
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.KASTERA.com
RECEIVED & ALEC
CITY OF EAGLE
AUG 2 1 2006
EAGLE, IDAHO File:
Route to:
/2.-2 alp
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF EAGLE, IDAHO
And
KASTERA, LLC
1. PURPOSE: The purpose of this Memorandum of Understanding (MOU) is to establish
a framework and process for planning and development of KasteraLLC's (Kastera) Trailhead
property and, consistent with the terms of this MOU, other Kasteraproperties which are
located in the Eagle Foothills in close proximity to the CityofEagle(":~he City), Idaho. It is
in each party s interest to coordinate planning and development effortsaiIdto document an
effective development program.
2. AUTHORITY AND OWNERSHIP OF LAND: Both the City ofEagl~'aJ9cKastera
have the authority to enter into pre-annexation agreements, development agreements,
contracts and MOUs. Kastera has several affiliated companies that own and control land
holdings within the area north of Eagl~, Idaho. Kastera and these affiliated companies have
the authority to commit to this MOU an' ther related documents.
3. MUTUAL BENEFIT: Kastera and the CitYa.gf~e that it is to their mutual interest and
benefit to work cooperatively on planning atld deY~l()PIl1l~tlLpnJhe Trailhead property and
other Kastera properties. Allparties also agre~ iris to their!1\I1utual benefit to work
cooperatively to further-pl,lIt and develop consistent with Idaho law and City ordinances and
policies construct a municipal water system to serve the Trailhead property and other
appropriate implementation of this MOu.
FRAMEWORK AND PROCESS FOR TRAILHEAD ANNEXATION AND
DEVELOPMENT PLANNING:
, A;The City ofl5,a.gle and Kastera agree that annexation of Kastera s Trailhead
property"iiiltp the City of Eagle provide mutual benefits to both parties. The execution of this
MOD shalrb~~vidence of th~ intent of Kastera and the City of Eagle to undertake such action
as may be nece~~arY to initiate the process for annexation.
B. In order to proceed with annexation planning, Kastera agrees to prepare and
submit to the City of Eagle documents appropriate and necessary for the City to begin the
annexation process. Kastera agrees to submit such documentation by a date to be agreed
upon by Kastera and the City of Eagle.
C. Consistent wit the execution of this MOU and the submission of documentation
as set forth in paragraph b, the City of Eagle will begin steps to develop and improve its
municipal water system in order to serve the Trailhead property consistent with Idaho Statutes
and City ordinances. In order to appropriate for developing a planned community make such
FILE COpy
Kastera-IPUC UWI-06-
Eagle (1019.42) 000010
efforts by the City feasible, Kastera agrees to provide such information as the City determines
is necessary and appropriate for design and construction of any needed facilities.
D. To facilitate planning and development of the Trailhead property, Kastera and
the City of Eagle each agree to designate a lead representative for each party. The designated
representative shall coordinate and communicate all information necessary to ensure an
efficient and expeditious planning and development process , including annexation of the
Trailhead property. Each party agrees to provide information, consistent with Idaho statutes
as may be necessary to accomplish the intent of this MOu.
E. The City acknowledges that Kastera may acquire properties other than the
Trailhead property that would be appropriate for annexation into the City of Eagle. Upon
identification of such properties by Kastera to the City, the City agrees to consider such
annexation opportunities as requested by Kastera. .
F. It is the intent of the parties and thi~.M(i)U to idetl,tify a process that ensures to
the maximum extent practicable an orderly and defin~dproce~:i;:lfor planning and developing
the Trailhead property. To the extent necessary to furthe1'.~ulfill that intent, Kastera and the
City agree to amend, as appropriate, this MOU to furthertQ~~~)1tent.
G. Nothing herein shall be deemed as a commitment by either party to take any
action that exceeds the authority of either party.
IN WITNESS hereby the parties have executed MOU on the date written below.
CITY OF EAGLE KASTERA LLC
Nancy C.Merrill, Mayor Van Reeve, Manager
Date:Date:
Wayne S, Forrey, Manager
Date:
Kastera-IPUC UWI-06-
Eagle (1019.42) 000011
ATTEST:
Sharon Bergmann
Kastera-IPUC UWI-06-
Eagle (1019.42) 000012
4FP"4P~
~;,
Mayor: Nancy C. Merrill CITY OF EAGLE
P.O. Box 1520
Eagle, Idaho 83616
939-6813
Council: Stanley J. Bastian
Phil Bandy
Steve Guerber
Scott Nordstrom
April 27, 2006
Kastera Homes
Attn: Wayne S. Forrey
372 S. Eagle Road, Suite 375
Eagle, ID 83616
Dear Mr. Forrey,
The City of Eagle received your letter dated April 18, 2006, regarding your company considering
annexation of land into the City of Eagle. Understanding today s vast development interests, the
City is always willing to meet and visit with property owners within or around the City of Eagle
to discuss potential development options. To better understand your company s goals and desires
for the land being considered for annexation, and to better serve you and the City, the following
information would be beneficial and necessary to assure the most efficient use of our meeting
time together. The following information is also necessary for us to accurately quantify, and
provide feedback on, the appropriate development patterns for the property (this is consistent
with the information that was provided in past meetings with other prospective foothills
developers, such as the M3 Companies). At a minimum, maps and associated information should
include a slope analysis map including natural features, preliminary drainage plan, preliminary
potable water plan, preliminary sewer plan, proposed vehicle and pedestrian circulation plan
proposed comprehensive plan, and a prototypical lot layout plan. To remain consistent with past
pre-development meeting procedures, the Mayor and City staff would like to review these plans
with you prior to scheduling meetings with individual City Council members. We look forward
to hearing from you so that was may set a meeting schedule to assist you with your future plans.
Please feel free to contact me with any questions at 939-0227.
Sincerely,
Ddl
Bill Verschuren
Planner II
cc:Mayor Merrill
Eagle City Council Members
Page 1 of 1
K:\Planning DeptlMisc Letters\2006\Kastera foothills developent leLdoc
Kastera-IPUC UWI-06-
Eagle (1019.42) 000013
MAY 10 2006
File:
Route to.
May 9, 2006
Honorable Mayor Nancy C. Merrill
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Dear Mayor Merrill:
Kastera Homes has recently purchased 660 acres of land north of the City of
Eagle near Willow Creek Road. We have also acquired an additional 278 acres
along State Highway SS north of Brookside Lane near the Shadow Valley Golf
Course. Kastera Homes is considering annexation of these lands into the City ofEagle.
We would like to schedule a meeting with you and your staff to discuss the
possible annexation of our properties. We can bring maps and associated
information to this meeting. We have slope analysis, natural features, drainage
information, traffic data, water and sewer plans, lot layout plans, open space
plans and supporting information that we can share with you during the meeting.
Please ask your staff to contact me so we can schedule a workable date and time
for everyone involved. Thank you for your assistance in evaluating future
annexation of our land. Keep up your good work!
wctfu
IIV ,
~aYn
Director of Planning and Development
Mayor/ City Council
City Clerk
p & Z Dept.
Bldg. Dept. .
Attorney
Engineer
V- (),-i
~~,
VL~
Kastera-IPUC UWI-06-
Eagle (1019.42) 000014
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.KASTERA.com
24 May 2006
Mr. John Lee, Manager
United Water Idaho
8248 West Victory Road
Boise, Idaho 83719-0420
Regarding: Request for Water Service
Dear Mr. John Lee:
On behalf of Kastera Homes and Mr. Gregg Olsen, I am writing to formally restate our request
for extension of water mains and water service facilities to serve our 660 acre property in the
foothills north of Eagle, Idaho. It is our desire to have water service to our property via United
Water Idaho facilities because United Water has the ability to provide immediate water service.
Because a portion of this property is within the Eagle Area of City Impact, we have conceptually
discussed possible annexation of this property with Eagle City officials. No commitments have
been made. (Please see vicinity map for reference.
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At this point, it is undetermined if we will ever be annexed
into the City of Eagle. Annexation may happen in the
future...and it may not. However, one thing is certain; we
need water service Immediately and United Water is the
only water service provider that can meet our time
schedule. Therefore, we are requesting water service
from United Water to serve our property outside of the
Eagle Area of Impact Boundary.
If you need any additional information from Kastera Homes
or Gregg Olsen, please let me know. We appreciate your efforts to anticipate growth in the
valley and Implement your plans for water system expansion. Keep up your good work!
Respectfully;
\11)'".0, ,
Wayne S. Forrey, AICP
Director of Planning and Devel pment
Kastera-IPUC UWI-06-
Eagle (1019.42) 000015
372 S, Eagle Road. Suite 375, Eagle, Idaho 83616 Tel: 208.472,0300 Fax: [phone] www.KASTERA,com
Jui. Ij, LVUb L:j't'lVI l\aSlera I~O.D'flj r. L
(Draft #1 - Submitted to the City of Eagle on July 13, 2006)
Trailhead Planned Community Addition to the City
Eagle, Idaho
RECEIVED & FILED
CITY OF EAGLE:MEMORANDUM OF UNDERSTANDING
between
THE CITY OF EAGLE, IDAHO
and
KASTERA, LLC
JUl 1 4 2006
File:
Route to:
1. PURPOSE: The purpose of this Memorandum of Understanding (MOU) is to
establish a framework for urban community development planning and timing
development improvements on Kastera s 660 acre Trailhead property and other
Kastera properties which are located in the Eagle foothills in close proximity to
the City of Eagle, Idaho. It is in each party's interest to coordinate planning and
development efforts and to accomplish a more effective integrated community
development program.
2. AUTHORIlY AND OWNERSHIP OF LAND: Both the City of Eagle and Kastera,
LLC has the authority to enter into pre-annexation agreements, development
agreements, contracts and MOUs. Kastera, LLC has several affiliated companies
that own and control large land holdings within the area north of Eagle, Idaho.
Kastera has the authority to commit these affiliated companies to this MOU.
3. MUTUAL BENEFIT: All parties to this MOU agree that it is to their mutual
interest and benefit to work cooperatively as planning and development proceeds
on the 660 acre Trailhead property and other Kastera properties. All parties also
agree it is to their mutual benefit to work cooperatively to construct municipal
water system improvements to serve the 660 acre Trailhead property and other
Kastera properties in the Eagle Foothills.
4. FRAMEWORK FOR URBAN COMMUNITY DEVELOPMENT BY THE CITY OF
EAGLE:
City of Eagle Actions
A. The City of Eagle desires to annex the 660 acre Trailhead property and
other Kastera properties into the City of Eagle in order to facilitate
community development and expand water service to properties within
the foothills area. Therefore, the City of Eagle will provide an annexation
path for immediate annexation of the 660 acre Trailhead property which
will lead to further annexation of additional Kastera properties. The Oty
Kastera-IPUC UWI-06-
Eagle (1019.42) 000016
Jul. Ij. LVVO L:j,nVI l\aSLera I~ o. 0'1- I ~. j
of Eagle will annex the 660 acre Trailhead property and additional Kastera
properties on or before September lOr 2006
B. Upon annexation, the City of Eagle will zone the 660 acre Trailhead
property and additional Kastern properties as Mixed Use with a maximum
gross density limitation of two residential dwelling units per gross acre.
C. The City of Eagle will take necessary actions to permit, approve and
authorize construction of the water system improvements to commence
on or before July 4r 2007 in order to provide municipal water service to
the 660 acre Trailhead property and additional Kastera properties. This
water service shall be sufficient to allow community development on the
660 acre Trailhead property and additional Kastera properties at a
maximum gross density of two residential dwelling units per gross acre,
plus other related and supportive community development land uses
functionally related to the Trailhead Planned Community and additional
Kastera properties.
D. The City of Eagle will accept and process POD and platting applications
from Kastera LLC to commence community development actions on the
660 acre Trailhead property and additional Kastera properties allowing
construction of community development improvements to begin no later
than July 4 2007.
E. The City of Eagle will authorize a late-comers agreement for Kastera
LLC to recover applicable up-front water system improvement costs and
related utility improvement costs. The location, sizing and capacity of the
utility system improvements shall be mutually agreeable to both parties.
F. The City of Eagle will not impose a moratorium on development or
take actions to delay community development of the Kastera properties
that are annexed into the City of Eagle.
G. The City of Eagle will recognize that the municipal ordinances In affect
at the time of annexation shall apply to and govern the community
development actions on the Kastera properties that have been annexed
into the City of Eagle.
Kastera-IPUC UWI-06-Eagle (1019.42) 000017
Jul. Ij. LUUb L:j,nVI l\aSlera I~O.O'tI)r.
5. FRAMEWORK FOR URBAN COMMUNITY DEVELOPMENT BY KASTERA, LLC:
Kastera; Actions
A. Kastera, LLC will apply for annexation into the City of Eagle on or
before July 31, 2006.
B. Kastera, LLC will provide funding to the City of Eagle to pay a fair
share of the municipal water system cost to serve the 660 acre
Trailhead property and additional Kastera properties. The fair share
contribution will be determined by a subsequent analysis and
agreement. Funding will be available to meet the July 4, 2007
construction start date for water mains to serve the Trailhead property
and additional Kastera properties. Kastera will provide sufficient up-
front funding to allow the City of Eagle to finalize water system
expansion plans in order to meet the July 4 2007 construction start
date for water mains to serve the Trailhead property and additional
Kastera properties. The location, sizing and capacity of the utility
system improvements shall be mutually agreeable to both parties.
C. Kastera, LLC will work cooperatively with the City of Eagle to develop
master planned communities that will set an example of outstanding
foothills development in a public-private partnership.
D. Kastera, LLC will limit the overall residential density to two dwellingunits per gross acre.
E. Kastern, LLC will utilize the Mixed Use zoning to achieve flexible
clustered development, open space preservation, provision of regional
and community facilities, provision of regional and community services
plus community development themes and designs that are acceptable
to the City of Eagle and Kastera, LLC.
F. Upon annexation, Kastera, LLC will submit a letter to the Idaho Public
Utilities Commission (PUC) requesting water service from The City of
Eagle. Between the time of signing of this MOU and the time
annexation, Kastera, LLC will reimburse the Oty of Eagle for applicable
legal fees related to the PUC coordination efforts.
G. The amount of funding that Kastera allocated to United Water
Company for water system improvements shall be reallocated to the
City of Eagle for water system improvements.
6. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: This
MOU instrument in no way restricts the parties from participating in similar
Kastera-IPUC UWI-06-
Eagle (1019.42) 000018
Ju1. 13. 2006 2:36PM Kastera I~o. b4U ~. j
activities with other public or private agencies! organizations! and individuals.
Modifications of this MOU shall be made by mutual consent of the parties! by the
issuance of a written modification! signed and dated by all parties! prior to any
changes being performed.
7. TERM OF THIS MEMORANDUM OF UNDERSTANDING AND TERMINATION:
It is the intent of this MOU to be the catalyst that stimulates additional binding
agreements such as a pre-annexation agreement or a development agreement.
As such, any Party, in writing may terminate their participation in this MOU in
whole, or in part, at any time before the date of annexation which shall also be
the expiration date of this MOU.
8. BOTH PARTIES UNDERSTAND THAT: Additional documents! contracts, and
agreements will have to be negotiated and signed in order to implement this
MOU.
9. IN WITNESS TREREOF, The parties hereto have executed this Agreement as
of the date written below:
City of Eagle, Idaho
Honorable Nancy C. Merrill, Mayor Date
Sharon K. Bergmann, Eagle City Clerk Date
Kast:era, bbt
Var Reeve Date
Wayne S. Forrey Date
Kastera-IPUC UWI-06-
Eagle (1019.42) 000019
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Kastera-IPUC UWI-06-
Eagle (1019.42) 000022
24 May 2006
Mr. John Lee, Manager
United Water Idaho
8248 West Victory Road
Boise, Idaho 83719-0420
Regarding: Request for Water Service
Dear Mr. John Lee:
On behalf of Kastera Homes and Mr. Gregg Olsen, I am writing to formally restate our request
for extension of water mains and water service facilities to serve our 660 acre property in the
foothills north of Eagle, Idaho. It is our desire to have water service to our pro~rty via United
Water Idaho facilities because United Water has the ability to provide Immediate water service.
Because a portion of this property is within the Eagle Area of City Impact, we have conceptually
discussed possible annexation of this property with Eagle City officials. No commitments have
been made. (Please see vicinity map for reference.
At this point, it Is undetermined If we will ever be annexed
into the aty of Eagle. Anne)Cation may happen in the
future...and it may not. However, one thing is certain; we
need water,service,lmmediately and United Water 1$ the
only water service provider that can meet our time
schedule. Therefore, we are requesting, Water service
from United Water to serve our property outside of the
Eagle Area of Impact Boundary.
If you need any additional Information from Kastera Homes
or Gregg Olsen, please let me know. We ,appreciate your efforts to anticipate,groWth in the
valley and Implement your plans for water system expansion. Keep up your gQ9d work!
Tt ~~lY J.,:gf"'~~~r~
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Director of Planning and Devel pment
Kastera-IPUC UWI-06-
Eagle (1019.42) 000023
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] fax: [phone] www.KASTERA.corn
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Eagle (1019.42) 000024
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RECEIVED &
CITY OF EAGLE hn S. Franden, President
Larol A. McKee, 1st Vice President
DEC 2006
Dave ivens, 2nd Vice P~es~dent
Sher R. Huber, CommiSSioner
Rebecc W. Arnold, Commissioner
Transmittal
File:
Route to:
ojects Division
Date: December 5 2006
To: Nichoel Baird-Spencer
City of Eagle
O. Box 1520
Eagle, 1083616
From: Don Kostelec Phone: [phone]
Delivered by:Hand Fax MaiLX Email Other
Enclosed:
1 . Kastera Homes Letter dated 9-2006
2. Bragail Subdivision Traffic Impact Study dated 4-2004
3. Traffic Impact Study, Trailhead Subdivision , Eagle, Idaho dated 3-42-2006
Don requested that I forward these documents to you. If you have any questions you can reach Don at 208-
387 -6234 or me at 208-387-6119.
Sincerely,
Barbara Kerbs
Administrative Assistant
Kastera-IPUC UWI-06-
Eagle (1019.42) 000025
Right-of-Way Development Services
f -i ~ """97 t~ ~
Planning Review Division~ ~........~..~...,._-
Cf)1'WfWi;(:(uL~ ~U/
This application requires Commission action and is scheduled to be on the regular agenda for Wednesday
February 2006 at 6:30 pm. Tech Review for this item was held with the applicant on February 10, 2006.
Please refer to the attachment for appeal guidelines. Staff contact: Andrea N. Tuning, 208-387-6177-phone
208-387-6393-fax atuninq
(g)
achd. ada.id.
Representative:JUB Engineers, Inc.
250 South Beechwood Avenue , Suite 201
Boise Idaho 83709
LIDFile Numbers:Bragail Subdivision I 05-23-S I 05-08-HD I 05-21-0TD I 05-22-0TD
Site address:Willow Creek Road
Owner:Cullen W. Connolly
2579 East Margate Court
Eagle Idaho 83616
Application Information:
The applicant has submitted an application to Ada County requesting preliminary plat approval to construct a
127-lot single-family residential subdivision 636 acres, The subdivision is proposed to contain 127-non-farm
residential lots, 17 -common lots and 1-open space lot.Acreage: 636-acresCurrent Zoning:
Proposed Zoning:
Buildable Lots: 127 -LotsCommon Lots: 17 -Lots
Open Space Lots: 1-Lot
Vicinity Map
Kastera-IPUC UWI-06-
Eagle (1019.42) 000026
Findings of Fact
Trip Generation: This development is estimated to generate 1 541 vehicle trips per day based
the submitted traffic impact study.
Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building
permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time.
Traffic Impact Study: A traffic impact study was required with this application. The study was
compiled by Washington Group International and a summary of the findings of the study are as
follows:
1) The proposed development is projected to generate an average daily traffic (ADT) of 1 541 vehicles
of which the p.m peak hour traffic is only 163 vehicles per hour.
2) As a result of the site build-out, traffic on the vicinity roadways is expected to increase. Traffic
Willow Creek Road may increase by 1 541 vehicles per day (vpd) south of the site.
3) The intersection of the Willow Creek/Woods Gulch road is a stop-controlled intersection at the
present time. It currently operates at an excellent Level of Service (LOS) A with the existing traffic
volumes.
4) The single site approach with the Willow Creek Road is predicted to operate well "under capacity
at LOS A throughout the planning period.
5) The intersection of Beacon Light and Eagle Road operates well below capacity at LOS C and 20
seconds of average delays under existing conditions.
6) With the addition of background traffic volumes at the intersection of Eagle Road and Beacon Light
Road under year 2010 conditions, the LOS will deteriorate to LOS E and 40 seconds of delay,
7) The background traffic volumes justify the addition of a northbound right turn lane at the Eagle
Road and Beacon Light Road under background conditions in 2010. The intersection can be
improved to a LOS C with the addition of a northbound right turn lane.
8) Under build out conditions and the existing geometry in the year 2010, the Eagle Road and
Beacon Light intersection will operate at a LOS F with 73 seconds of average delay. The intersection
can be improved to LOS C (19 seconds delay) with the addition of the northbound right turn lane.
9) The Bragail Subdivision traffic will represent approximately 10% of the peak hour traffic at this
intersection.
10) Internally, all of the subdivision s streets with front-on-housing have projected ADT volumes less
than 000 vehicles.
Following are the transportation-related improvements needed to accommodate the traffic volumes
generated by the Bragail Subdivision development:
Improved intersection radii are needed at the site approach with the Willow Creek/Woods Gulch
Rd. A 30-foot radius is recommended for this application.
Staff Comments Regarding the Traffic Impact Study
The original traffic study did not include an analysis of the Eagle Road and Beacon Light Road
intersection. Staff asked the applicant to provide an analysis of the intersection. The applicant
submitted the new material that examined the intersection and its analysis.
The analysis showed that under build out conditions and the existing geometry in the year 2010, the
Eagle Road and Beacon Light intersection will operate at a LOS F with 73 seconds of average delay.
The applicant recommended that a north bound right hand turn lane be constructed on Eagle Road to
increase the intersections level of service, District staff has examined the applicant's
recommendation and has determined that the construction of a northbound right hand turn lane on
Eagle Road at the intersection of Beacon Light Road is not recommended and should not be
constructed due to the fact that it is not a recommended practice. The applicant should provide the
Kastera-IPUC UWI-06-
Eagle (1019.42) 000027
District with a viable option to make the Eagle Road and Beacon Light Road intersection operate
safely and at an acceptable level of service.
Site Information: The site is primarily vacant. There are two existing single-family dwellings,
Description of Adjacent Surrounding Area:a. North: 16., 160-acres (BLM), 40-acres and 120-acres zoned RPb. South: Stilwell Estates, 119.58-acres, 40-acres, 80-acres and 80-acres zoned RPc. East: 440-acres zoned RRd. West: 117 .81-care (BLM) and 16.5-acres zoned RP
Impacted Roadways
Willow Creek Road:
Frontage:
Functional Street Classification:
Traffic count:
500-feet
Collector
North of Lucy Lane was 100 on 4-29-
North of Beacon Light Road was 1 313 on 1-21-Level of Service: LOS CSpeed limit: 35 MPH
Based on the current configuration of Willow Creek Road, an acceptable Level of Service for this
roadway is Level of Service 0 (or up to 500 VTPD) based on COMPASS Planning Thresholds.
Roadway Improvements Adjacent To and Near the Site
Willow Creek Road is currently improved with 24-feet of pavement with no curb, gutter or sidewalk
abutting the site.
Existing Right-of-Way
Willow Creek Road has a total of 60-feet of right-of-way (30-feet from centerline).
Existing Access to the Site
The site has an existing 12-foot wide access point that intersects Willow Creek Road approximately
130-feet south of the north property line.
10.Site History
The District has not previously reviewed a development application on this site.
11 .Capital Improvements Plan/Five Year Work Program
There are currently no roadways, bridges or intersections in the general vicinity of the project that are
currently in the Five Year Work Program or in the Capital Improvements Plan.
Findings for Consideration
Willow Creek Road
Right-of-Way
District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1 B), This right-of-
way width allows for the construction of a 3-lane roadway with curb , gutter, 5-foot wide detached
sidewalks and bike lanes.
Willow Creek Road currently has 30-feet of right-of-way from the centerline. District policy
requires 35-feet of right-of-way from the centerline of the roadway on all collector roads. The
applicant should dedicate a total of 35-feet of right-of-way from the centerline of Willow Creek
Road abutting the site.
Kastera-IPUC UWI-06-
Eagle (1019.42) 000028
Improvements
District policy 72-F1 B requires collector roadways to be constructed as a 46-foot street section with
vertical curb, gutter and foot detached (or foot attached) concrete sidewalk within 70-feet of right-
of-way with parking prohibited on both sides,
The applicant should construct Willow Creek Road as one-half of a 46-foot street section with
vertical curb, gutter and a 5-foot detached (or 7-foot attached) concrete sidewalk.
Road Way Offsets
Main Entrance
District policy 7204.11., requires local roadways to align or offset a minimum of 150-feet from a
collector roadway (measured centerline to centerline).
The applicant is proposing to construct Woods Gulch Drive to intersect Willow Creek Road
approximately 345-feet south of the north property line. This roadway location meets District
policy and should be approved with this application.
Internal Streets
District policy 7204.11., requires local roadways to align or offset a minimum of 125-feet from
another local roadway (measured centerline to centerline).
All of the internal roadways meet or exceed the minimum offsets required be District policy.
Internal Street Sections
Internal Collector
District policy 72-F1 B requires collector roadways to be constructed as a 46-foot street section with
vertical curb, gutter and foot detached (or 7-foot attached) concrete sidewalk within 70-feet of right-
of-way with parking prohibited on both sides.
The applicant is proposing to construct Woods Gulch Drive as a collector roadway. The
applicant is proposing to construct Woods Gulch Drive as a 46-foot street section with vertical
curb, gutter and sidewalk within 70-feet of right-of-way. This street section will provide 3-
traffic lanes and bike lanes. This street section meets District policy and should be approved
with this application.
Internal Residential Streets
District policy 72-F1 A, allows local residential public roads with a 33-foot street section with parking
on both sides of the roadway, if the amount of vehicle trips per day on the street does not exceed
000 and the appropriate fire department reviews and approves the street section. The proposed
density of development that will utilize the internal local residential streets is anticipated to generate
less than 1 000 vehicle trips per day.
The applicant is proposing to construct the internal roadways as 33-foot street sections with
rolled curb, gutter and foot concrete sidewalks within 50-feet of right-of-way, The proposed
street section meets District policy and is approved with this application. The applicant will be
required to submit a letter for the Fire Department approving the reduced street section.
Driveways on Willow Creek Road
District policy 72-, requires driveways located on collector or arterial roadways with a speed limit of
35 to align or offset a minimum of 150-feet from any existing or proposed driveway.
Graveled driveways abutting public streets create maintenance problems due to gravel being tracked
onto the roadway. In accordance with District policy, 7207., the applicant should be required to
pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge,
Kastera-IPUC UWI-06-
Eagle (1019.42) 000029
The applicant is proposing to close the existing 12-foot wide access point that intersects
Willow Creek Road approximately 130-feet south of the north property line. Staff is supportive
of the applicant's proposal due to the fact that Willow Creek Road is classified as a collector
roadway.
Turnarounds
District policy 7205.1 requires turnarounds to be constructed to provide a minimum turning radius of
45-feet.
The applicant is proposing to construct four cul-de-sac turnarounds without center islands
within the subdivision. The applicant should construct the turnarounds to provide a minimum
turning radius of 45-feet.
Stub Streets
District policy 7203.1 states that the street design in a proposed development shall cause no undue
hardship to adjoining property. An adequate and convenient access to adjoining property for use in
future development may be required. If a street ends at the development boundary, it shall meet the
requirements of sub section 7205
, "
non-continuous streets.
District policy 7205.5 states that stub streets will be required to provide intra-neighborhood circulation
or to provide access to adjoining properties. Stub streets will conform with the requirements
described in Section 7204.7204.6 and 7204., except a temporary cul-de-sac will not be required if
the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the
stub street stating that
, "
THIS ROAD WILL BE EXTENDED IN THE FUTURE". In addition, a stub
street must meet the following conditions:
1. A stub street shall be designed to slope towards the street intersection and drain surface
water toward that intersection, unless a satisfactory storm drain system is installed.
2. The District may require appropriate covenants guaranteeing that the stub street will
remain free of obstructions.
The applicant is proposing to construct a stub street (Woods Gulch Drive) to the east property
line. This stub street is anticipated to serve the 440-acre parcel located directly to the east of
this site. Staff is supportive of the applicant's proposal.
The applicant is proposing to construct a stub street (Half Penny Drive) to the open space
parcel (Lot 45). Staff is supportive of the applicant's proposal. Due to the fact that this
roadway exceeds 150-feet in length , the applicant should construct a temporary turnaround at
the terminus of the roadway,
The applicant is not proposing to construct stub streets to any other surrounding parcels.
Staff believes that other parcels within this area will develop in a similar manner. The
applicant should provide connectivity within this area by constructing a stub street to the south
property line to serve the 119.58-acres parcel that is located directly to the south of this
development. By providing a stub street to the south the District can additional eliminate
multiple access points to major roadways, reduce vehicle miles traveled , connect
neighborhoods, provide additional access for emergency services and have the ability to
increase the sense of community in the area.
Off Site Improvements
Eagle Road and Beacon Light Road Intersection
According to the submitted traffic impact study, in the year 2010 , the build out conditions and the
existing geometry of the intersection of Beacon Light Road and Eagle Road , the intersection will
operate at a LOS F with 73 seconds of average delay. The intersection can be improved to LOS C
(19 seconds delay) with the addition of the northbound right turn lane on Eagle Road, A northbound
turn lane is not a safe alternative for this location due to the fact that it is not a recommended
Kastera-IPUC UWI-06-
Eagle (1019.42) 000030
roadway treatment. The applicant should provide the District with a viable option to make the Eagle
Road and Beacon Light Road intersection operate safely and at an acceptable level of service.
Provide the District with a viable option to make the Eagle Road and Beacon Light Road
intersection operate safely and at an acceptable level of service.
Willow Creek Road
District policy 7203.3 states that if the development is served by a public road less than 24-feet wide
the developer shall widen the pavement to a minimum of 24-feet wide, the developer shall widen the
pavement to a minimum of 24-feet or add feet of additional pavement to the existing road , which
ever is greater.
If a proposed development involves land use of scale or nature that exceeds the traffic capacity of the
adjacent system or presents an unreasonable financial burden on the District, the development
standards may be increased. The District reserves the right to set standards or require extraordinary
impact fees related to the scale of the proposed project and the capacity limitations of the existing
facilities.
Willow Creek Road is an existing roadway currently classified as a collector roadway. Willow
Creek Road currently varies from 23-feet of pavement with a foot gravel shoulder to 28-feet
of pavement with a foot gravel shoulder. Willow Creek Road has a speed limit that also
varies from 25 to 40 MPH. As it exists today, Willow Creek Road does not meet District
standards for a new collector roadway, therefore the volume thresholds in policy for a collector
road do not apply. Staff has referred to the AASHTO (American Association of State Highway
and Transportation Officials) guidelines for Geometric Design of Highways and Streets.
These guidelines offer a matrix of allowable vehicle trips per day for a roadway based on
design speed, pavement width , shoulder width and terrain. Based on the AASHTO guidelines
the volume of traffic on Willow Creek Road as it exists today should not exceed 600 vehicle
trips per day, therefore , staff recommends that the amount of development that is allowed on
Willow Creek Road be based on the AASHTO Guidelines. This development or any future
development should not be allowed to take the threshold of Willow Creek Road over the limit
of 600 vehicle trips per day prior to being improved to a standard that can accommodate the
additional traffic projected to come from the North Foothills Area. The standard that will be
required for Willow Creek Road has not yet been established due to the fact that the Ada
County Development Services Department is currently updating the North Foothills Plan. This
plan is anticipated to be drafted in the spring of 2006 and adopted by the Ada County
Commission in the fall of 2006. Without knowing what the County projects in this area, the
District is unable to determine exactly what the roadway standards will be , but will refer back
to the AASHTO Guidelines for the geometric design standards. Due to the fact that this
development is located within the north foothills area, the Ada County Highway District
recommends that the Ada County Commission defer action on this item until the North
Foothills Plan is adopted to ensure that this development is consistent with the goals and
objectives that are identified by the North Foothills Plan.
***
It is also important to note that the most current traffic count on Willow Creek Road was 100
vehicle trips per day. This traffic count was taken North of Lucy Lane on April 29, 2003, Staff
has asked the applicant to do some additional traffic counts in this area to determine the
existing volumes. Once the District has identified the existing traffic volumes on Willow Creek
Road , the District can determine how many lots will be allowed to final plat before
improvements are made to Willow Creek Road.
Kastera-IPUC UWI-06-
Eagle (1019.42) 000031
Other Access
Willow Creek Road is classified as a collector roadway. Other than Woods Gulch Drive, access to
Willow Creek Road is prohibited. A note stating this access restriction will be required on the final
plat.
Special Recommendation to Ada County
Ada County Development Services is currently updating the North Foothills Plan. This plan is
anticipated to be drafted in the spring of 2006 and adopted by the Ada County Commission in
the fall of 2006. Due to the fact that this development is located within the north foothills area
the Ada County Highway District recommends that the Ada County Commission defer action
on this item until the North Foothills Plan is adopted to ensure that this development is
consistent with the goals and objectives that are identified by the North Foothills Plan.
If the Ada County Commission does not defer this item and makes a formal action on this
development application, the District'Site Specific Conditions of Approval are as follows:
Site Specific Conditions of Approval
Dedicate 35-feet of right-of-way from the centerline of Willow Creek Road abutting the parcel by
means of recordation of a final subdivision plat prior to issuance of a building permit (or other required
permits), whichever occurs first. The owner will not be compensated for this additional right-of-way
because Willow Creek Road is classified as a collector roadway and is to be brought to adopted
standards by the developers of abutting properties.
Construct Willow Creek Road as one-half of a 46-foot street section with vertical curb , gutter and a 5-
foot detached (or foot attached) concrete sidewalk, as proposed.
Construct Woods Gulch Drive to intersect Willow Creek Road approximately 345-feet south of the
north property line , as proposed.
Construct Woods Gulch Drive as a collector roadway with a 46-foot street section with vertical curb
gutter and sidewalk within 70-feet of right-of-way, as proposed.
Construct the internal roadways as 33-foot street sections with rolled curb , gutter and foot concrete
sidewalks within 50-feet of right-of-way, as proposed. Submit a letter for the Fire Department
approving the reduced street section.
Close the existing 12-foot wide access point that intersects Willow Creek Road approximately 130-
feet south of the north property line with standard vertical curb, gutter and sidewalk, as proposed,
Construct four cul-de-sac turnarounds without center islands within the subdivision, as proposed,
Construct the turnarounds to provide a minimum turning radius of 45-feet.
Construct a stub street (Woods Gulch Drive) to the east property line to serve the 440-acre parcel
located directly to the east of this site, as proposed. Install a sign at the terminus of the roadway that
states
, "
this roadway will be extended in the future.
Construct a stub street (Half Penny Drive) to the open space parcel (Lot 45), as proposed. Construct
a temporary turnaround at the terminus of the roadway. Install a sign at the terminus of the roadway
that states
, "
this roadway will be extended in the future.
10.Construct a stub street to the south property line to serve the 119,58-acres parcel that is located
directly to the south of this development. Install a sign at the terminus of the roadway that states
this roadway will be extended in the future.
Kastera-IPUC UWI-06-
Eagle (1019.42) 000032
11.
12,
13.
14.
Provide the District with a viable option to make the Eagle Road and Beacon Light Road intersection
operate safely and at an acceptable level of service.
This development or any future development will not be allowed to take the threshold of Willow Creek
Road over the limit of 600 vehicle trips per day prior to being improved to a standard that can
accommodate the additional traffic projected to come from the North Foothills Area.
Submit traffic counts in this area to determine the existing volumes of traffic on Willow Creek Road.
Once the District has identified the existing traffic volumes on Willow Creek Road, the District can
determine how many lots will be allowed to final plat before improvements are made to Willow Creek
Road.
Other than Woods Gulch Drive , access to Willow Creek Road is prohibited. A note stating this
access restriction will be required on the final plat.
15.Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1 ,Any existing irrigation facilities shall be relocated outside of the right-of-way.
Private sewer or water systems are prohibited from being located within any ACHD roadway or right-
of-way.
All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
Replace any existing damaged curb , gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
Comply with the District's Tree Planter Width Interim Policy.
Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
10.Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance.
11 .It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
Kastera-IPUC UWI-06-
Eagle (1019.42) 000033
12.
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
13.Any change by the applicant in the planned use of the property which is the subject of this
application , shall require the applicant to comply with all rules, regulations , ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or its successors in interest advises
the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
Conclusions of Law
The proposed site plan is approved , if all of the Site Specific and Standard Conditions of Approval are
satisfied.
ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
Attachments1. Vicinity Map2. Site Plan3. Request for Reconsideration Guidelines
Kastera-IPUC UWI-06-
Eagle (1019.42) 000034
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Kastera-IPUC UWI-06-
Eagle (1019.42) 000035
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Kastera-IPUC UWI-06-
Eagle (1019.42) 000036
Request for Reconsideration of Commission Action
1 ,Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff
or any other person objecting to any final action taken by the Commission may request
reconsideration of that action , provided the request is not for a reconsideration of an action previously
requested to be reconsidered , an action whose provisions have been partly and materially carried
out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for reconsideration
but the motion may be seconded by any Commissioner and is voted on by all Commissioners
present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no later
than 3:00 p.m. on the day prior to the Commission s next scheduled regular meeting following
the meeting at which the action to be reconsidered was taken. Upon receipt of the request
the Secretary shall cause the same to be placed on the agenda for that next scheduled
regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting forth new
facts and information not presented at the earlier meeting, or a changed situation that has
developed since the taking of the earlier vote , or information establishing an error of fact or
law in the earlier action. The request may also be supported by oral testimony at the meeting.
d, If a motion to reconsider passes , the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to ACHD
staff for further review. The Commission may set the date of the meeting at which the matter
is to be returned. The Commission shall only take action on the original matter at a meeting
where the agenda notice so provides.
e, At the meeting where the original matter is again on the agenda for Commission action
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission,
Kastera-IPUC UWI-06-
Eagle (1019.42) 000037
Development Process Checklist
IZISubmit a development application to a City or to the County
IZIThe City or the County will transmit the development application to ACHD
IZIThe ACHD Planning Review Division will receive the development application to review
IZIThe Planning Review Division will do one of the following:
DSend a "No Review" letter to the applicant stating that there are no site specific requirements at this time,
DSend a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of
a previous development application and that the site specific requirements from the previous development also apply
to this development application,
DWrite a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the
proposal for its conformance to District Policy,
IZIWrite a Commission Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy,
IZIThe Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports,
DFor ALL development applications, including those receiving a "No Review" or "Comply With" letter:
The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Review
Division for plan review and assessment of impact fees, (Note: if there are no site improvements required by ACHD
then architectural plans may be submitted for purposes of impact fee calculation.
The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including,
but not limited to, driveway approaches, street improvements and utility cuts,
DPay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER
Construction (Zone)
Driveway or Property Approach(s)
Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services), There is a one week turnaround for this approval.
0 Working in the ACHD Right-of-Way
Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to
ACHD Construction - Permits along with:a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is ::.50' or you are
placing ::.600 sf of concrete or asphalt.
Construction (Subdivisions)
0 Sediment & Erosion Submittal
At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer, must be turned into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage
Division,
0 Idaho Power Company
Vic Steelman at Idaho Power must have his IPca approved set of subdivision utility plans prior to Pre-Con being scheduled,
Final Approval from Development Services
ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con,
Kastera-IPUC UWI-06-
Eagle (1019.42) 000038
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,
RECEIVED & FILED
CITY OF EAGLE
RE: Neighborhood Meeting Invitation - December 07, 2006 - 6:30pm to 7:30pm at the Eagle Public Library.
Dear Property Owner:
My name is Craig Ku1chak and I am the Conservation Director and Project Manager with Kastera Homes of Eagle,
Idaho, Kastera Homes is in the process of submitting an annexation application for the 660-acres, which is
generally between Willow Creek Road and Saddleman Place in the foothills north of Eagle. See vicinity map
below:
Trailhead
(Ej;'
We are requesting annexation to the City of Eagle for two purposes. First, Kastera believes that it is important for
cities to grow in a contiguous planned manner so that identity is not lost. Second, by Kastera being annexed into the
City of Eagle, Eagle will be able to extend water services into the North Eagle Foothills, thereby insuring water
security for those who will remain on well service for domestic water usage.
We are writing to invite you to attend a neighborhood meeting on Thursday evening, December 07 2006, from
6:30pm to 7:30pm at the Eagle Public Library meeting room. The Eagle Public Library is located at 100 Stierman
Way in downtown Eagle. At this neighborhood meeting, ,we will discuss Kastera s annexation request. Although,
in the past Kastera has shown conceptual design, because this is a new path with the City of Eagle, Kastera will hold
off from any specific design concepts until a new zoning has been designated for this property,
We would like to visit with you to and hear your thoughts and comments about our proposed annexation application
for this property.
We look forward to meeting you at the December 07th annexation neighborhood meeting.
Craig Ku1chak
Kastera-IPUC UWI-06-
Eagle (1019.42) 000040
Mayor/ City Councii
City Clerk
P&ZDept. V\ 1
1~~
Bldg. Dept.
Attorney-
Engineer
Respectfully;V)
372 S, Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www,Kastera.com
LEGEND
F. CUSTOM HILLSIDE
MEDIUM DENSITY RES.
COMMERCIAL MIXED-USE
VILLAGE CENTER
ACTIVE OPEN SPACE
CONSERVATION
INSTITUTIONAL
---- .....
UTILITIES
SHADOW VALLEY
RECREATION COMMUNITY
NOVEMBER 15, 2006
KASTERA HOMES
DRAFT MASTER PLAN #1
Kastera-IPUC UWI-06-
Eagle (1019.42) 000041
SHADO W V ALLEY
RECREATION COMMUNITY
NOVEMBER 15, 2006
KASTERA HOMES
DRAFT MASTER PLAN #1
..".
Kastera-IPUC UWI-06-
Eagle (1019.42) 000042
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7
MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
950 W. BANNOCK STREET, SUITE 520
BorSE, ID 83702
TELEPHONE: [phone] FAX: [phone]
STEPHANIEj, BONNEY
SUSAN E. BUXTON
PAULJ, FITZER
MICHAEL c. MOORE'
BRUCE M, SMITH
PAULA,TuRCKE'
CARLI, WITHROE"
TAMMY A" ZOKAN
JOHN J, McFADDEN"1
Of ColIl/sel
)) Also admitted in California
. Also admitted in New Mexico
" Also admitted in Oregon
, Also admitted in South Dakota
IAlso admitted in Washington
September 20 2006 RSCEIVEo&RLED
CITY OF EAGLE
SEP ~ 20G6 File:
" Route to:
~.
Mr. Thomas F assino
Kastera Homes
372 S, Eagle Road, Suite 375
Eagle, ID 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.
Kastera-IPUC UWI-06-Eagle (1019.42) 000044
,J&\jod Crtv COUjjclL....,.)t."
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A Horn ey ---~~._.--"'~-
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Engineer
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Mr. Thomas Passino
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!
Presently, 137 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 use entitlements, including 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/clb
I Idaho Code 967-6509 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,
Kastera-IPUC UWI-06-
Eagle (1019.42) 000045
RECEIVED & FILED
CITY OF EAGLE
APR 2 2006
File:
Route to:
April 18t 2006
Honorable Mayor Nancy Merrill
and Eagle City Council Members
City of Eagle
660 E. Civic Lane
Eaglet Idaho 83616
Dear Mayor Merrill and Eagle City Council Members:
Kastera Homes has recently purchased 660 acres of land north of the
City of Eagle near Willow Creek Road. We have also acquired an
additional 278 acres along State Highway 55 north of Brookside Lane
near the Shadow Valley Golf Course. Kastera Homes is considering
annexation of these lands into the City of Eagle.
Is it possible that we could be invited to attend a work session with
the City Council to discuss the possible annexation of our properties?
Thank you for your assistance in evaluating future annexation of our
land. Keep up your good work!
Enclosed: Vicinity Map
hf!ayori City Council
City Clerk
p & Z Dept.
Bldg. Dept.
Attorney
Engineer
Wayne . ForreYt AICP
Director of Planning and Enti
Kastera-IPUC UWI-06-
Eagle (1019.42) 000046
372 S. Eagle Road , Suite 375 , Eagle, Idaho 83616 Tel: [phone] Fax: 208.472,0320 www.KASTERA.com
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MJ\Y. 10'2006
May 9, 2006
Honorable Mayor Nancy C. Merrill
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Dear Mayor Merrill:
Kastera Homes has recently purchased 660 acres of land north of the City of
Eagle near Willow Creek Road. We have also acquired an qdditional 278 acres
along State Highway 55 north of Brookside Lane near the Shadow Valley Golf
Course. Kastera Homes is considering annexation of th~se lands into the City ofEagle.
We would like to schedule a meeting with you and your staff to discuss the
possible annexation of our properties. We can bring maps and associated
information to this meeting. We have slope analysis, natural features, drainage
information, traffic data, water and sewer plans, lot layout plans, open space
plans and supporting information that we can share with you during the meeting.
Please ask your staff to contact me so we can schedule a workable date and time
for everyone involved. Thank you for your assistance in evaluating future
annexation of our land. Keep up your good work!
:JctfUIIY,
~aYn
Director of Planning and Development
Mayor/ City Council
City Clerk
p & Z Dept.
Bldg. Dept.
Attorney-
Engineer
t\i IA/"' () n
~ \
v,,"-C-UG
Kastera-IPUC UWI-06-
Eagle (1019.42) 000048
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.KASTERA.com
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Kastera-IPUC UWI-06-
Eagle (1019.42) 000049
Pre-Application Meeting
Date:~(J
Project Name:~'f;).. YLo a J.J
D DR D ZOA
Annex RZ VJ! f)k
pp
. PPUD(I.kJ.jz,a~0 cu
0 V AC
Other: Q:p .I\; MaJp ~-k-d--
Current Zone: 'R
Zone Proposed:bA-
Staff: Camp Plan Desg.I'looc- +o
Owner: uewJ Approx. Acreage: (Jt.QD kN~
Representative:\~A.V -ta:-%1 V1:0
QroJ
~ ~
Comments/Issues: . .
. -
IMA. rot
W6
Project Location/address: 'No Uj \ \1~() 0 )(:('f"
frReview the amount of copies to be
submitted, inform the applicant that all
correspondence/information will go to
the representative on the application.
Kastera-IPUC UWI-06-
Eagle (1019.42) 000050
W( CA-- ~M ~ jlli
till.. -tD ~~:P:wb
Page 1 of 2
Nichoel Baird
To:
Cc:
Thomas Fassino
Susan E. Buxton
Subject: RE: Kastera Trailhead Timeline
Thomas, The e-mail is fine please let us know if timing adjusts otherwise I will look frward to the Feburary 28th
submittal. NBS
Nichoe1 R, Baird Spencer, MCRP, AICP
Planner III
City of Eagle
(208) 939'0227
[phone] (fax)
From: Thomas Fassino (mailto:thomas fassino(g)kastera.com)
Sent: Friday, January 12 2007 9:38 AM
To: Nichoel Baird
Cc: Craig Kulchak; Wayne Forrey; Daren Fluke; Justin Bozovich; Ben Haught; Aaron English(QjURSCorp.com;
dan (Qjthom psoneng ineers. net; tjones(Qj Design4000. net
Subject: Kastera Trailhead Timeline
Good Morning Nichoel:
In a letter from you dated December 21 2006, you ask for a timeline on the completion of four (4) items. Those items
were
0 A Comprehensive Plan Map and Text Amendment Application.
0 A Development Agreement Application and draft text.
Preliminary Development Plan Application,
0 A Transportation Impact Study.
It is the intention of Kastera to submit those items by February 28 , 2007 , barring any unforeseen circumstances.
If you would like a formal letter with this timeline outlined please let me know.
Respectfully,
Thomas F assino
Planning Department
Kastenl Homes
1/16/2007
Kastera-IPUC UWI-06-
Eagle (1019.42) 000051
Page 2 of 2
Tel: [phone]
Fax: [phone]
This e-mail and any attachments are confidential. If you receive this message in error or are not the intended recipient
you should not retain , distribute , disclose or use any of this information and you should destroy the e-mail and any
attachments or copies.
1/16/2007
Kastera-IPUC UWI-06-
Eagle (1019.42) 000052
EAGLE, IDAHO
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF EAGLE, IDAHO
And
KASTERA, LLC
1. PURPOSE: The purpose of this Memorandum of Understanding (MOU) IS to establish
a framework and process for planning and development of Kastera LLC's (Kastera) Trailhead
Prope1ty as identified in Exhibit A and, consistent with the terms of this MOU, other Kastera
properties which are located in the Eagle Foothills in close proximity to the City of Eagle
the City ), Idaho.
2. AUTHORITY AND OWNERSHIP OF LAND: Both the City of Eagle and Kastera
have the authority to enter into certain pre-annexation agreements, development agreements,
contracts and MOUs. Kastera has several affiliated companies that own and control land
holdings within the area nOlth of Eagle, Idaho as identified in Exhibit B (identify companies
and land), Kastera represents that it has the authority to execute and commit to this MOU and
other related documents on behalf of itself and these affiliated companies.
3. MUTUAL BENEFIT: Kastera and the City agree that it is to their mutual interest and
benefit to work cooperatively on planning and development of the Trailhead Property and
other Kastera properties identified in Exhibit B. All parties also agree it is to their mutual
benefit to work cooperati vely to further plan and develop, consistent with Idaho law and City
ordinances and policies, the munici pal water system to serve the Trailhead Property and other
Kastera properties.
FRAMEWORK AND PROCESS FOR TRAILHEAD PROPERTY
ANNEXA TION AND DEVELOPMENT PLANNING:
A. The City of Eagle and Kastera agree that annexation of Kastera s Trailhead
Property into the City of Eagle provides mutual benefits to both parties. The execution of this
MOU shall be evidence of the intent of Kastera and the City of Eagle to undeltake such action
as may be necessary to initiate the process for annexation.
B. In order to proceed with annexation planning, Kastera agrees to prepare and
submjt to the City of Eagle such documents as are appropriate and necessary for the City to
begin the annexation process. Kastera agrees to submit such documentation by a date to be
agreed upon by Kastera and the City of Eagle.
C. Consistent with the execution of this MOU and the submission of
documentation for annexation as set forth in paragraph B , the City of Eagle will continue
steps to develop and improve its municipal water system , consistent with Idaho law and City
ordinances. In order to make such efforts by the City feasible to serve the Trailhead property,
MEMOR4.NDUM OF UNDERST ANDING.
Kastera-IPUC UWI-06-
Eagle (1019.42) 000053
Kastera agrees to provide such information as the City determines is necessary and
appropriate to plan for design and construction of any needed facilities.
D. To facilitate planning and development of the Trailhead Property, Kastera and
the City of Eagle each agree to designate a lead representati ve for each party. The designated
representative shall coordinate and communicate such information as is necessary to ensure
an efficient and expeditious planning and development process, including steps necessary to
allow annexation of the Trailhead Property. Each party agrees to provide information
consistent with Idaho statutes , as may be necessary to accomplish the intent of this MOD.
E. The City acknowledges that Kastera has or may acquire properties other than the
Trailhead Property that could be appropriate for annexation into the City of Eagle. Upon
identification of such additional properties by Kastera to the City, the City agrees to consider
annexation of these additional properties as requested by Kastera.
F. Because it is the intent of the parties and this MOU to identify a process that
ensures to the maximum extent practicable an orderly and defined process for planning and
developing the Trailhead Property, Kastera and the City agree to amend, as appropriate, this
MOU to fUliher that intent.
G. Nothing herein shall be deemed as a commitment by Kastera LLC or its
affiliates to take any action that exceeds the authority of either party.
IN WITNESS hereby the parties have executed MOD on the date written below.
CITY OF EAGLE KASTERA LLC
Var Reeve, Manager
Date:
ATTEST:
.. "/ /
Sharon . BergmgTI!!:.;- .JIl'..--
..
".0 City Clerk :: u v!::...:
""'- "":
'r~ "i.-..
~ .. ~ :;-
1"'\'" II:
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';;::"..
........ O
~ "
87' A 1'~
......""
Wayne S. Fon-ey, Manager
Date:
MEMORANDUM OF UNDERSTANDING. 2
Kastera-IPUC UWI-06-
Eagle (1019.42) 000054
5 TM
February 15 2007
Honorable Nancy C. Merrill, Mayor and City Council Members
The City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Dear Mayor and Council Members:
Kastera, LLC is requesting a withdrawal of its annexation and rezone applications for the
Trailhead development submitted to the City of Eagle, Idaho in December of2006 .
Kastera would also request that the application along with application fees be returned by
mail to
Kastera Homes
ATTN: Thomas Fassino
372 S. Eagle Rd., Suite
Eagle, ID 83616.
Kastera would like to thank the City of Eagle and its staff for all the hard work and
commitment offered in trying to negotiate an annexation path in an attempt to get
Trailhead into the City of Eagle. We also hold no fault to Eagle for the unfortunate
unraveling of negotiations concerning the annexation path and Kastera eagerly looks
forward to a future date when the opportunity may present itself to work together on joint
interests.
om assmo
Project Manager
Kastera-IPUC UWI-06-
Eagle (1019.42) 000055
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.Kastera.com
Page 1 of
Nichoel Baird
~~~~-...---.-.-,-.---.----. --------~_...""-' ._..-.._...-.
From: Nichoel Baird
Sent: Monday, August 21 , 2006 8:58 AM
To: 'Wayne Forrey ; 'Thomas FassinoCc: Nancy Merrill; Bruce Smith; Bill Vaughan
Subject: RE: Trailhead Project
Wayne & Thomas,
Good morning! Sorry for the confusion last week. Per our discussion Tuesday, my time Wednesday was committed
the foothills visioning process (great to see Kastera represented) and I was to begin drafting, with the City attorney, a
response to the MOU and the Tuesday meeting. My interaction with the City Attorney resulted in my Thursday e-mail.
I spoke with the Mayor this morning per her discussion with the City Attorney, and heeding their advice, the matter will be
brought before the City Council Tuesday night in executive session and a response from the entire council will be
provided to you Wednesday. I am working with M3 to get the documents you requested an electronic format and hope
have that early this week. Please be assured we are working through our concerns and will have a response to you as
soon as possible.
I will be in touch Wednesday.
Nichoel R. Baird Spencer, MCRP, AICP
Planner III
City af Eagle
[phone]
[phone] (fax)
-----------.------ -'-'-.. .....-----,-----.-.----...-.--- --'---- _. ------ ...--...-.,---.---......-.....-.-.-. .,..--- -.,...-.-.-.--.....--.....-.-...-.....-......-----...............-..--, ---.---.--
From: Wayne Forrey (mailto:wayne forrey(gjkastera.com)
Sent: Friday, August 18, 2006 9:39 AM
To: Nichoel Baird
Cc: Thomas Fassino
Subject: RE: Trailhead Project
Good Morning Nichoel:
I have not talked with the PUC or United Water since our meeting with all parties on August 10th
understand that Thomas Fassino talked with Mr. Greg Wyatt on Wednesday August 16th about water
right issues and the timing of calendar items. We are still waiting for the promised information from
the City of Eagle. In order to make an informed decision we would like to have a response to the
draft MOU as promised by the City ASAP. We thought we would have it following our Tuesday
afternoon meeting at your offices. (We assumed by Wednesday morning)
Thomas Fassino is our Project Manager on the Trailhead project so please communicate with him
and send the City s MOU response, water service letter and an electronic copy of the M3 Pre-
Annexation Development Agreement to Thomas. He will keep Var and I posted as necessary. He is
authorized to manage this project for Kastera Homes.
I do believe we are working from the same point and there should be no confusion on this issue.
are still waiting for information from the City of Eagle so we can make an informed decision. Hope
8/21/2006
Kastera-IPUC UWI-06-
Eagle (1019.42) 000056
Page 2 of 2
this helps, Wayne.
Wayne S. Forrey, AICP
~Velcol1w Home to Kastera
Tel: [phone] or 800-KASTERA
Fax: [phone]
W'l.lJ'l..~.K~ t~ttJ:, fQ!J!
-.--------.-......-. ,,----.-.......-. """"",-'.' .-.-_......... .._.,--, --...-,....---.,...,....--..-... --.--,.-,--.
From: Nichoel Baird (mailto:nbaird(Q)cityofeagle.org)
Sent: Thursday, August 17, 20064:29
To: Wayne Forrey
Cc: Nancy Merrill; Bruce Smith
Subject: Trailhead Project
Wayne,
Per our Discussion on Tuesday I was drafting a "will serve" letter for your project & summarizing our discussion about the
Trailhead project. This afternoon the City Attorney received a call from the PUC stating that United Water had requested
for the service expansion area hearing to to move forward at Kastera direction. We are now being advised by our
attorney to stop work on this project until we can get some clarification on the direction Kastera wants to go- for both water
and annexation. I was unclear if the direction to move forward with United Water occurred before or after the meeting
with the Mayor. Can you please provide me some clarification on your direction on this matter. I would like to move
forward as we discussed earlier this week but need to ensure that we are all working from the same point.
Thanks for you help!
Sincerely,
NBS
Nichoel R. Baird Spencer, MCRP, AICP
Planner ill
City of Eagle
[phone]
[phone] (fax)
8/21/2006
Kastera-IPUC UWI-06-
Eagle (1019.42) 000057
Nichoel Baird
Page 1 of 1
From: Ben Forrey (ben forrey ~ kastera.com)Sent: Wednesday, August 02 2006 1 :41 PM
To: jean.jewell ~ puc.idaho.govCc: Wayne Forrey; Thomas Fassino; Nichoel Baird; greg.wyatt~unitedwater.com
Subject: Change of project manager on Kastera Homes Trailhead project
Attachments: Trailhead - Change of project manager announcement 8-06.pdf
Dear Commissioners:
Thank you for taking an active interest in Kastera Homes Trailhead Development. I am attaching a letter that introduces
Mr. Thomas Fassino as the new project manager for Trailhead (please see attached). Please direct future
communications and correspondence to Mr. Thomas Fassino at Kastera Homes. Thank you for your understanding and
cooperation. Keep up your good work!
Respectfully,
Ben Forrey
Welcome Home to Kastera
Tel: [phone] or 800-KASTERA
Fax: [phone]
Y2I!!..Y!~_Kq?J~Xf!,fQ!ll
CC:Wayne FoITey, Kastera Homes
Thomas Fassino, Kastera Homes
Nichoel Baird Spencer, City of Eagle
Greg Wyatt, United Water
8/2/2006
Kastera-IPUC UWI-06-
Eagle (1019.42) 000058
5 TM
Ale:
----
Rou\e \0:
Mayor/ City Council
City Clerk
~.
P&ZDept. /0vr
Bldg. Dept.
Attorney
Engineer
August 2, 2006
Idaho Public Utilities Commissioners
472 West Washington Street
Boise, Idaho 83702
RE: Kastera Homes Proj ect Manager Coordination - Request for Water Service in
foothills area north of Eagle, Idaho
Dear Commissioners:
Kastera Homes has recently acquired additional property in Ada County that is positioned
for major community development. Consequently, we have expanded our professional
staff and reorganized our internal project assignments to ineetour business needs.
Thomas Fassino, one of our senior Project Managers, has been assigned full project
management responsibilities for our proposed Trailhead Planned Community. As you
communicate with Kastera Homes, please direct your inquires to Thomas Fassino.
Thomas can be reached at 208-472-0317. His email address is
Thomas fassino~kastera.com
Ben Forrey, another one of our senior Project Managers, will be managing another
planned community we are proposing near northwest Boise.. This new community that
Ben Forrey is managing appears to be serviceable by United Water Company. It may
even be possible to connect these two communities with United Water main lines:
Ben Forrey has transferred all ofthe Trailhead files to Thomas and briefed him on the
current status of our coordination with the City of Eagle and United Water Company.
Thomas is fully up to speed on all Trailhead development issues. Please feel free to
contact Thomas Fassino if you have any questions.
Respectfully;
Wayne S. Forrey, AICP
Director of Planning and Development
Cc: City of Eagle and United Water Company, plus Ada County Highway District.
Kastera-IPUC UWI-06-
Eagle (1019.42) 000059
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.Kastera.com
Page 1 of
Nichoel Baird
------.-----
From: Wayne Forrey (wayne forrey (g) kastera.com)
Sent: Friday, August 18, 20069:39 AMTo: Nichoel BairdCc: Thomas Fassino
Subject: RE: Trailhead Project
Good Morning Nichoel:
I have not talked with the PUC or United Water since our meeting with all parties on August 10
understand that Thomas Fassino talked with Mr. Greg Wyatt on Wednesday August 16th about water
right issues and the timing of calendar items. We are still waiting for the promised information from
the City of Eagle. In order to make an informed decision we would like to have a response to the
draft MOU as promised by the City ASAP. We thought we would have it following our Tuesday
afternoon meeting at your offices. (We assumed by Wednesday morning)
Thomas Fassino is our Project Manager on the Trailhead project so please communicate with him
and send the City s MOU response, water service letter and an electronic copy of the M3 Pre-
Annexation Development Agreement to Thomas. He will keep Var and I posted as necessary. He is
authorized to manage this project for Kastera Homes.
I do believe we are working from the same point and there should be no confusion on this issue. We
are still waiting for information from the City of Eagle so we can make an informed decision. Hope
this helps , Wayne.
Wayne S. Forrey, AICP
Welcome Home to Kastera
Tel: [phone] or 800-KASTERA
Fax: [phone]
Wl-!!.l!! as J:(!~f..Q..!l1.
.. '~"='== ~ "- =~, ,=~--" = - -,~" --=~--' --~, ---.,.,...~ ~ --~',--- ,-, -- =-===" "' '-- -,"'-"'_' ,
' _c-, ~ -
, -- --~-- --.,.,... - "-~'~--= .--- ~',,--'
From: Nichoel Baird (mailto:nbaird(Q)cityofeagle.org)
Sent: Thursday, August 17, 20064:29
To: Wayne Forrey
, Cc: Nancy Merrill; Bruce Smith
Subject: Trailhead Project
Wayne,
Per our Discussion on Tuesday I was drafting a "will serve" letter for your project & summarizing our discussion about the
Trailhead project. This aftemoon the City Attorney received a call from the PUC stating that United Water had requested
for the service expansion area hearing to to move forward at Kastera direction. We are now being advised by our
attorney to stop work on this project until we can get some clarification on the direction Kastera wants to go- for both water
and annexation. I was unclear if the direction to move forward with United Water occurred before or after the meeting
with the Mayor. Can you please provide me some clarification on your direction on this matter. I would like to move
forward as we discussed earlier this week but need to ensure that we are all working from the same point.
Thanks for you help!
Sincerely,
NBS
8/21/2006
Kastera-IPUC UWI-06-
Eagle (1019.42) 000060
. .
MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
950 W. BANNOCK STREET, SUITE 520
BOISE, ID 83702
TELEPHONE: [phone] FAX: [phone]
STEPHANIEJ. BONNEY
SUSAN E. BUXTON"
MICHAEL C. MOOREI
PAull. FITZER
BRUCE M, SMITH
PAUL A. TURCKE'
TAMMY A. ZOKAN
JOHN J. McFADDEN"1
ofColmsel
. Also admitted in Oregon
I ALSO ADMITTED IN WASHINGTON
0 Also admitted in South Dakota
+ ALSO ADMITTED IN NEW MEXICO
August 25 2006
Thomas Fassino
Kastera Homes
372 S. Eagle Road, Suite 375
Eagle, ill 83616
RE: Annexation of Kastera Trailhead Property
Dear Thomas:
According to information provided by Wayne Forrey, you are the designated representative of
Kastera for the purposes of planning for annexation of the Trailhead Property. The City of Eagle
welcomes you to this effort and looks forward to working with you.
Based on previous meetings between the City of Eagle and other Kastera representatives, the
City has taken steps to identify and secure an annexation pathway for the Kastera Property. As
part of the annexation, the Kastera Property will be served by the City water system. Based on
the information provided to date, the City has also begun planning for provision of that service as
required by City ordinance.
Kastera provided a draft Memorandum of Understanding (MOU) regarding the framework for
planning and development of Trailhead Property to the City for consideration. The City has
reviewed that document and found that some provisions in the draft raised significant issues
regarding what the parties could legally commit to at this stage in the process of annexation of
the Trailhead Property. Some ofthe problems relate to authority and some to a lack of available
information at this time. To help make Kastera s annexation process more efficient and
expeditious, the City is providing a revised MOD that is responsive to Kastera s request for
annexation and better reflects the planning stage of development that we are currently in for the
Trailhead Property. The MOU also accommodates Kastera s intent in identifying other
annexation opportunities.
Kastera-IPUC UWI-06-
Eagle (1019.42) 000061
August 25, 2006
As you will see, the revised MOU seeks to move forward in a reasonable timeframe, much of
which is dependent upon the City s receiving information from Kastera. The City of Eagle has
executed the MOU, so all we need to move this forward is to get Exhibits A & B to attach.
Exhibit A is the legal description of the Trailhead property. Exhibit B is the list of affiliate
companies and other lands that Kastera may want to annex. Once we get the Exhibits, I will
forward you the executed copy for signing by Kastera. The City looks forward to working with
you to get that information as soon as possible. I would suggest we schedule some meetings to
identify this information so the Trailhead annexation moves as quickly and smoothly as possible.
Sincerely yours
MOORE, SMITH, BUXTON &
TURCKE, CHARTERED
~~.
Bruce M. Smith
Attorney for City of Eagle
BMS/dls
Enclosure
Kastera-IPUC UWI-06-
Eagle (1019.42) 000062
. . , "
EAGLE, IDAHO
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF EAGLE, IDAHO
And
KASTERA, LLC
1. PURPOSE: The purpose of this Memorandum of Understanding (MOU) is to establish
a framework and process for planning and development of Kaster a LLC's (Kastera) Trailhead
Property as identified in Exhibit A and, consistent with the terms of this MOU other Kastera
properties which are located in the Eagle Foothills in close proximity to the City of Eagle
the City ), Idaho.
2. AUTHORITY AND OWNERSHIP OF LAND: Both the City of Eagle and Kastera
have the authority to enter into certain pre-annexation agreements, development agreements
contracts and MOUs. Kastera has several affiliated companies that own and control land
holdings within the area north of Eagle, Idaho as identified in Exhibit B (identify companies
and land). Kastera represents that it has the authority to execute and commit to this MOD and
other related documents on behalf of itself and these affiliated companies.
3. MUTUAL BENEFIT: Kastera and the City agree that it is to their mutual interest and
benefit to work cooperatively on planning and development of the Trailhead Property and
other Kastera properties identified in Exhibit B. All parties also agree it is to their mutual
benefit to work cooperatively to further plan and develop, consistent with Idaho law and City
ordinances and policies, the municipal water system to serve the Trailhead Property and other
Kastera properties.
FRAMEWORK AND PROCESS FOR TRAILHEAD PROPERTY
ANNEXATION AND DEVELOPMENT PLANNING:
A. The City of Eagle and Kastera agree that annexation of Kastera' s Trailhead
Property into the City of Eagle provides mutual benefits to both parties. The execution of this
MOU shall be evidence of the intent of Kaster a and the City of Eagle to undertake such action
as may be necessary to initiate the process for annexation.
B. In order to proceed with annexation planning, Kastera agrees to prepare and
submit to the City of Eagle such documents as are appropriate and necessary for the City to
begin the annexation process. Kastera agrees to submit such documentation by a date to be
agreed upon by Kastera and the City of Eagle.
C. Consistent with the execution of this MOU and the submission of
documentation for annexation as set forth in paragraph B, the City of Eagle will continue
steps to develop and improve its municipal water system, consistent with Idaho law and City
ordinances. In order to make such efforts by the City feasible to serve the Trailhead property,
MEMORANDUM OF UNDERSTANDING-
Kastera-IPUC UWI-06,
Eagle (1019.42) 000063
Kastera agrees to provide such information as the City determines is necessary and
appropriate to plan for design and construction of any needed facilities.
D. To facilitate planning and development of the Trailhead Property, Kastera and
the City of Eagle each agree to designate a lead representative for each party. The designated
representative shall coordinate and communicate such information as is necessary to ensure
an efficient and expeditious planning and development process, including steps necessary to
allow annexation ofthe Trailhead Property. Each party agrees to provide information
consistent with Idaho statutes, as may be necessary to accomplish the intent of this MOu.
E. The City acknowledges that Kastera has or may acquire properties other than the
Trailhead Property that could be appropriate for annexation into the City of Eagle. Upon
identification of such additional properties by Kastera to the City, the City agrees to consider
annexation of these additional properties as requested by Kastera.
F. Because it is the intent of the parties and this MOU to identify a process that
ensures to the maximum extent practicable an orderly and defined process for planning and
developing the Trailhead Property, Kastera and the City agree to amend, as appropriate, this
MOD to further that intent.
G. Nothing herein shall be deemed as a commitment by Kastera LLC or its
affiliates to take any action that exceeds the authority of either party.
IN WITNESS hereby the parties have executed MOU on the date written below.
CITY OF EAGLE KASTERA LLC
Nancy C. Merrill, Mayor Var Reeve, Manager
Date:Date:
ATTEST:
Sharon K. Bergmann
City Clerk
Wayne S. Forrey, Manager
Date:
MEMORANDUM OF UNDERSTANDING - 2 Kastera-IPUC UWI-06-
Eagle (1019.42) 000064
ECEtVED & FI\..
CITY OF EAGLE
AIA'~ ~bt!-.d~r'"' ~Q .
S TM FIliI:
"o,*to:
January 23 2007
The City of Eagle
Nichoel Baird Spencer, Planner III
310 E. State St.
O. Box 1520
Eagle, ID 83616
Mayor! City Council
City Clerk
p & Z Dept.
-'-'
Bldg. Dept.
Attorney
Engineer
(J\t '1f~
RE: Trailhead Buffer Lots/Ridgeway Estates
Dear Nichoel:
Kastera, LLC recently became aware of a new proposed development, Ridgeway Estates
directly to the south of Kastera' s Trailhead development.
Kastera fully intends to honor its commitment to the City of Eagle in designing buffer
lots along Triple Ridge Estates, however, because our master planning for Trailhead has
already begun and because Ridgeway Estates is not approved we will not provide buffer
lots along this newly proposed development. The people who purchase lots in the
proposed Ridgeway Estates will be fully aware of Kastera s master planning direction so
that they can be informed buyers.
Kastera-IPUC UWI-06-
Eagle (1019.42) 000065
372 S. Eagle Road , Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.Kastera.com
RECEiVED & FIL
CITY OF EAGLE
JAN 2 5 2007
5 TM
FlI.:
Route to:
January 23 , 2007
The Honorable Ada County Highway District Commissioners
Ada County Highway District Mayor/ City Cou!1cii3775 Adams Street City Clerk
P & Z Dept
Garden CIty, ID 83714 aId
-~..g.
ept.
Attorney
Engineer
1./
.../
EJr\~1
RE: Ridgeway Estates
Dear Commissioners:
Kastera, LLC would like to file a request for proper community connectivity planning
over the current design of the proposed Ridgeway Estates located on North Holl Drive in
Eagle, Idaho. Furthermore, we would request that the owner/developer be required to
redesign the roadway layout so that the new roadway touches the property line to the
north.
Kastera, LLC is currently developing 660+/- acres directly to the north of Ridgeway
Estates and are already planning to provide a stub street to the Ridgeway Estates 40-acre
parcel so that there will be a consistent continuation of both the Ada County Highway
District (ACHD) and the City of Eagle s connecting neighborhood policies.
If the Commissioners or ACHD Staff has any questions or comments for Kastera, LLC
please feel free to contact me.
Respectfully,
i:::; IDO
CC: Nichoel Baird-Spencer, City of Eagle Idaho Planning Department
Kastera-IPUC UWI-06-
Eagle (1019.42) 000066
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.Kastera.com
RECEIVED & FILED
CITY OF EAGLE
APR 2 0 2006
File:
""""
""'cc "Route'to"""
"""~""""."""'"" ,',,""', """"' ,""",,",',.,," "
April 18, 2006
Honorable Mayor Nancy Merrill
; \
and Eagle City Council Memb~rsCity of Eagle
.. '
660 E. Civic Lane
Eagle, Idaho 83616
Dear Mayor Merrill and Eagle City Council MemQ~r?:
Kastera Homes has recently purchased 660 acres of .land nqrth of .the
City of Eagle near Willow Creek Road. We have also acquired an
additional 278 acres along State Highway 55 north of Brookside Lane
near the Shadow Valley Golf Course. Kastera Hom~s is considering
annexation of these lands into the City of Eagle.
\ .'
Is it possible that we could be invited to attend a work session w~th
the City Council to discuss the possible annexation of our properties?
Thank you for your assistance in evaluating future annexation of our
land. Keep up your good work!
Respectfu Ily
Wayne . Forrey, AICP
Director of Planning and Enti ements
MayOl"/ City Council
City Clerk
p & Z Dept.
Bldg. Dept.
Attorney
Engineer
vi ~f"\Cj
Enclosed: Vicinity Map
Kastera-IPUC UWI-06-
Eagle (1019.42) 000067
"'.7') C; FAn!", Rn;:trl , ~IJite 375. Eaale.ldaho 83616 Tel: [phone] Fax: [phone] www.KASTERA.com
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Mayor: Nancy C. Merrill CITY OF EAGLE
O. Box 1520
Eagle, Idaho 83616
939.6813
Council: Stanley J. Bastian
Phil Bandy
Steve Guerber
Scott Nordstrom
April 27, 2006
Kastera Homes
Attn: Wayne S. Forrey
372 S. Eagle Road, Suite 375
Eagle, ill 83616
Dear Mr. Forrey,
The City of Eagle received your letter dated April 18, 2006, regarding your company considering
annexation orland into the City of Eagle. Understanding today s vast development interests, the
City is always willing to meet and visit with property owners within or around the City of Eagle
to discuss potential development options. To better understand your company s goals and desires
for the land being considered for annexation, and to better serve you and the City, the following
information would be beneficial and necessary to assure the most efficient use of our meeting
time together. The following information is also necessary for us to accurately quantify, and
provide feedback on, the appropriate development patterns for the property (this is consistent
with the inform(;ltion that was provided in past meetings with other prospective foothills
developers, such as the M3 Companies). At a minimum, maps and associated information should
include a slope analysis map including natural features, preliminary drainage plan, preliminary
potable water plan, preliminary sewer plan, proposed vehicle and pedestrian circulation plan
proposed comprehensive plan, and a prototypical lot layout plan. To remain consistent with past
pre-development meeting procedures, the Mayor and City staff would like to review these plans
with you prior to scheduling meetings with individual City Council members. We look forward
to hearing from you so that was may set a meeting schedule to assist you with your future plans.
Please feel free to contact me with any questions at 939-0227.
Sincerely,
Dd(
Bill Verschuren
Planner n
cc:Mayor Merrill
Eagle City Council Members
Page 1 of 1
K:\Planning DeptlMisc Letters\2006lKastera foothills developent lel.doc
Kastera-IPUC UWI-06-
Eagle (1019.42) 000069
RECEIVED & FILEDCITY OF EAGLE
\;::
~AY:::fJ)::21ll6:-
~~:,::~: ::=::-:::::":~=~:
E ~
May 9, 2006
Honorable Mayor Nancy C. Merrill \ \. \
\. .~ //
if\. /~t
h,
\,,=..."""
~F
- "" - "
,? i-
- /! ', ,' ~ '-
1.'1 0 ag e
" ~ .."., ..----"'- =~~,.,-""""",=~~.=_...",g;-~=-,,-
660 E. Civic Lane '-.
~~::'
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=-=~-,*,," ~j.~,~.:;:~.~~~~.~,==~,,:~:..:~=~~"~_:'-'::
Idaho 83616
,::"',-=='"'
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l',="t~-~~~~"===.=~~~~,~~=_."
.~-=~" ,,~=.~~,~, .. ==" . =..,-,~~.,,=~~...-~--=~~==~-~.~ ,'=,.,~--""'~=~=, ~~~. ,.-, "
Kastera Homes has recently purchased 660 acres of land north of the' CiDi of
Eagle near Willow Creek Road. We have also acquired ~n afufitjonq(27;8 aq(es"
\ (""'
, i
along State Highway 55 north of Brookside Lane near th~ S~adorv Vplle'i GoJf
Cours~.
- ;
Kastera Homes is considering annexation of th~se ~and;S in~o t~e qDi ~fEagle. I I i '\ I
We would like to schedule a meeting with you and your \Staff to pisc~ssthe !
possible annexation of our properties. We can bring m$ps ~nd laSsQcia*d i
information to this meeting. We have slope analysis, n+tur~1 fe~tur~s, ~rai~ag~
information, traffic data, water and sewer plans, lot layo:ut p)ans~ op;en ~pac~
plans and supporting information that we can share wit~ yo~ du;ting!the!me~tin~. . I
Please ask your staff to contact me so we can schedule ~ w~rka~le ~atel an~ tin-fe \
for everyone involved. Thank you for your assistance i~ ev~luatingifut~re
annexation of our land. Keep up your good work!
I \~ IMqyor/pty \COul)1cil~
~ ~
CiW Clerk ! 0.
P ~ Z qept.! vf-
~~'
vt~
Bldg. Dept
,.
Attbrne~ . R ,
~. ;
I1gme~r \ i
Dear Mayor Merrill:
Wayne . Forrey, AICP
Director of Planning and Development
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.KASTERA.com
Kastera-IPUC UWI-06-
Eagle (1019.42) 000070
MArJD::2006,
",,
Ale:
.. Route to'
""""" ," ",
May 9, 2006
Honorable Mayor Nancy C. Merrill
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
" '" '
Dear Mayor Merrill:
Kastera Homes has recently purchased 660 acres of land north of the City of
Eagle near Willow Creek Road. We have also acquired an addit,onaf 278 acres
along State Highway. 55 north of Brookside Lane near the Shadow Valley Golf
Course. Kastera Homes is considering annexation of these!ands into the City ofEagle. .
We would like to schedule a meeting with you and your staff to discuss the
possible annexation of our properties. We can bring maps and associated
information to this meeting. We have slope analysis, natural features, drainage
information, traffic data, water and sewer plans, lot layout plans, open space
plans and supporting information that we can share with you duJ-ingthe meeting.
Please ask your staff to contact me so we can schedule a workable date and time
for everyone involved. Thank you for your assistance in evaluating future
annexation of our land. Keep up your good work!
~ctfu IIV,
~aYn
Director of Planning and Development
Mayor/ City Council
City Clerk
p & Z Dept.
Bldg. Dept.
Attorney
Engineer
(j \ '
H...~
Kastera-IPUC UWI-06-
Eagle (1019.42) 000071
372 S. Eagle Road , Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.KASTERA.com
IIIf'
Nichoel Baird
From: Ben Forrey (ben forrey~kastera.com)Sent: Wednesday, August 02, 2006 1 :41 PM
To: jean.jewell~puc.idaho.govCc: Wayne Forrey; Thomas Fassino; Nichoel Baird; greg.wyatt~unitedwater.com
Subject: Change of project manager on Kastera Homes Trailhead project
Attachments: Trailhead - Change of project manager announcement a-06.pdf
Dear Commissioners:
Thank you for taking an active interest in Kastera Homes Trailhead Development. I am attaching a letter that introduces
Mr. Thomas Fassino as the new project manager for Trailhead (please see attached). Please direct future
communications and correspondence to Mr. Thomas Fassino at Kastera Homes. Thank you for your understanding and
cooperation. Keep up your good work!
Respectfully,
Ben Forrey
Welcome Home to Kastera
Tel: [phone] or 800-KASTERA
Fax: [phone]
UZ17w.~qJ;tera.!.co11t
CC:Wayne FolTey, Kastera Homes
Thomas Fassino, Kastera Homes
Nichoel Baird Spencer, City of Eagle
Greg Wyatt, United Water
8/2/2006
Kastera-IPUC UWI-06-
Eagle (1019.42) 000072
- "P\I=Qi!""
\ o ' i~Q\..1
~Uu b 1 2()Q6
5 TM F\le:
RoU\e to:
ayor Ity ouncil
City Clerk V.
~-
P&Zpept. /Dvr SI"Bldg. Dept.
Attorney
Engineer
August 2, 2006
Idaho Public Utilities Commissioners
472 West Washington Street
Boise, Idaho 83702
RE: Kastera Homes Project Manager Coordination - Request for Water Service in
foothills area north of Eagle, Idaho
Dear Commissioners:
Kastera Homes has recently acquired additional property in Ada County that is positioned
for major community development. Consequently, we have expanded our professional
staff and reorganized our internal project assignments to ineetour business needs.
Thomas Fassino, one of our senior Project Managers, has been assigned full project
management responsibilities for our proposed Trailhead Planned Commuillty. As you
communicate with Kastera Homes, please direct your inquires to Thomas Fassino.
Thomas can be reached at 208-472-0317. His email address is
Thomas fassino~astera.com
Ben Forrey, another one of our senior Project Managers, will be managing another
planned community we are proposing near northwest Boise. This new community that
Ben Forrey is managing appears to be serviceable by United Water Company. It may
even be possible to connect these two communities with United Water main lines:
Ben Forrey has transferred all of the Trailhead files to Thomas and briefed him on the
current status of our coordination with the City of Eagle and United Water Company.
Thomas is fully up to speed on all Trailhead development issues. Please feel free to
contact Thomas Fassino if you have any questions.
Respectfully;
Wayne S. Forrey, AICP
Director of Planning and Development
Cc: City of Eagle and United Water Company, plus Ada County Highway District.
Kastera-IPUC UWI-06-
Eagle (1019.42) 000073
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.Kastera.com
ATTACHMENT 2
RESPONSE TO REQUEST NO.2 and
REQUEST NO.
CASE NO. UWI-O6-
~UG 0 7 1006
5 TM Flle:
---
Route \0:----
----
Mayor/ City Council
City Clerk
~~
P&ZDept. /Ov"ISiBldg. Dept.
Attorney
Engineer
August 2, 2006
Idaho Public Utilities Commissioners
472 West Washington Street
Boise, Idaho 83702
RE: Kastera Homes Project Manager Coordination - Request for Water Service in
foothills area north of Eagle, Idaho
Dear Commissioners:
Kastera Homes has recently acquired additional property in Ada County that is positioned
for major community development. Consequently, we have expanded our professional
staff and reorganized our internal project assignments to meet our business needs.
Thomas Fassino, one of our senior Project Managers, has been assigned full project
management responsibilities for our proposed Trailhead Planned Community. As you
communicate with Kastera Homes, please direct your inquires to Thomas Fassino.
Thomas can be reached at 208-472-0317. His email address is
Thomas fassinoiillkastera.com
Ben Forrey, another one of our senior Project Managers, will be managing another
planned community we are proposing near northwest Boise. This new community that
Ben Forrey is managing appears to be serviceable by United Water Company. It may
even be possible to connect these two communities with United Water main lines.
Ben Forrey has transferred all of the Trailhead files to Thomas and briefed him on the
current status of our coordination with the City of Eagle and United Water Company.
Thomas is fully up to speed on all Trailhead development issues. Please feel free to
contact Thomas Fassino if you have any questions.
Respectfully;
Wayne S. Forrey, AICP
Director of Planning and Development
Cc: City of Eagle and United Water Company, plus Ada County Highway District.
Kastera~IPUC UWI~06-
Eagle (1019.42) 000074
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.Kastera.com
RECEhiL.) & FILED
CITY ()F ~EAGLE
5 TM JUL 2 5 2006
File:
" ....
I.A ,c...~au e 0:
~-_._
July 24, 2006
Idaho Public Utilities Commissioners
472 West Washington Street
Boise, Idaho 83702
Mayor/ City Counci
City Clerk /I "3 P & Z Dept. 0""
Bldg. Dept.
Attorney
Engineer
RE: Request for Water Service in Foothills area north of Eagle, Idaho
Dear Commissioners:
My name is Wayne S. Forrey and I am the Director of Planing and Development with
Kastera LLC ("Kastera ). Kastera is developing the Trailhead Subdivision within Ada
County in the foothills north of Eagle, Idaho. We have not yet submitted an application
with Ada County for development approval of our project, but we are within weeks of
being able to do so.
In order to develop our Trailhead project, we need water. We initially approached both
the City of Eagle and United Water Company in an attempt to determine which entity
could best provide us with the water necessary for development. We met with the City
of Eagle and learned that Eagle would not be able to provide water for at least 2 to 3
years. On the other hand, United Water Company assured us that they had capacity and
could immediately provide water to our property. Based on that information, and our
need to have a commitment for immediate water, we requested that United Water
Company provide us with water service. Perhaps you have seen the letters I have written
to United Water Company regarding this request.
The City of Eagle recently informed us that they can now provide water to our property
within 6 months. However, various engineers and water managers have told us that the
Eagle water system cannot be expanded to meet this 6 month schedule. Eagle has
informed us that we cannot be annexed unless we connect to their water system.
would be foolish for us to annex our property into the City Eagle and then wait 2 to 3
years for water service.
Various water professionals have also told us that United Water Company can in fact
provide immediate water service to our property.
Kastera-IPUC UWI-06-
Eagle (1019.42) 000075
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.Kastera.com
- .
PUC Commissioners letter page 2 of2
It would help us greatly if you could verify Eagle s ability to provide water service to our
property. Eagle s water engineer originally said it would take 2 to 3 years for water
service, now they have changed to say 6 months to 1 year for water service. What is the
real water situation in Eagle??? Does Eagle have the ability to serve our property within
6 months?
We are considering annexation into Eagle. However, if Eagle cannot provide water
within a 6 month time frame, then we would likely have United Water Company serve
our property. As stated, we are at this time attempting to verify both Eagle s and United
Water s ability to perform as claimed. We would welcome any insight that your
commission might have regarding Eagle s water system.
We regret any confusion that we may have caused. We understand that our decision
may have some service ramifications as both United Water Company and the City of
Eagle would like to provide water to developments in our area. We are just trying to
determine who might be the best party to provide water service, given our timeline for
development. Please feel free to contact me if you have any questions or if you would
like to invite us to a future Commission meeting to discuss this issue.
Cc: City of Eagle and United Water Company
Kastera-IPUC UWI-06-
Eagle (1019.42) 000076
; i
MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
950 W. BANNOCK STREET, SUITE 520
BorSE, ID 83702
TELEPHONE: [phone] FAX: [phone]
STEPHANIEJ. BONNEY
SUSAN E. BUXTON"
MICHAEL C. MOORE!
PAULJ. FITZER
BRUCE M. SMITH
PAUL A. TURCKE'
TAMMY A, ZOKAN
JOHN J. McfADDEN"!
Of Counsel
" Also admitted in Oregon
I Also admitted in Washington
. Also admitted in South Dakota
+ Also admitted in New Mexico
July 14, 2006 PGCEIVED & FILED
CITY OF EAGLE
JUL 1 8 2006
Ben Forrey
Kastera Homes
372 S. Eagle Road, Suite 375
Eagle, ID 83616
Re:Annexation and Development of Trailhead Community
FRs:
Ro....,t".WIQVVII
City Clerk
p & Z Dept.
Bldg. Dept.
Attorney
Engineer
II OLt'l 1) ho\
Dear Ben:
This is a follow up to the meeting between Kastera Homes and the City of Eagle on
July 7 , 2006. The City representatives thought it was a very productive meeting and we look
forward to receiving information about the Trailhead development from you. The meeting
was also helpful in clarifying the miscommunication from the previous meeting and the City'
providing water service to the development.
My notes reflect that you indicated the Trailhead Community development is still in the
conceptual stage and that Kastera (or the actual development company) is still examining how
development will proceed but no applications have been filed with either the County or the
City at this time. You indicated your preference is that the development proceed in the City.
As soon as an application is ready to be filed, it would be helpful for you and the City Staff to
meet again.
As the City confirmed, it is ready and capable of providing water to your development.
As soon as you develop a timeline and plan your development s needs , it will be necessary to
meet with you to review the plan. We also understand you are nearing completion of the
Memorandum of Understanding between Kastera and the City that was discussed at the earlier
meeting between the City and Kastera.
On the issue of water service, we discussed the pending proceeding before the IPUC
because of United Water s application to amend its certificate of service. You are going
prepare a letter to send to United Water and to IPUC indicating that you are in discussions
with the City over services and annexation proceedings. Given your stated intent to annex into
the City, water services will be provided through the City municipal system. The letter to
Kastera-IPUC UWI-06,
Eagle (1019.42) 000077
. -
Ben Forrey
KASTERA HOMES
July 14, 2006
Page 2
United Water and IPUC will help avoid unnecessary proceedings before the IPUC and allow
the City and Kastera to continue their discussions.
Per your conversation this week with Bruce Smith, we understand that Tom Morris has
the letter regarding United Water ready to be sent. It would be appreciated if you could
expedite this because the City and United Water are currently having to deal with the issue of
the certificate amendment before the IPUC. Please let either the City or me know when you
would like to have the next meeting. We suggest an appropriate time would be when you have
made some determination as to your plans and schedule for development of Trailhead
Community .
Sincerely yours
MOORE SMITH BUXTON & TURCKE
CHARTERED
Susan E. Buxton
cc:City of Eagle
Kastera-IPUC UWI-06-
Eagle (1019.42) 000078
-, - ~ ,-~--
RECEI'iiE;i) & f:--;7!lED
CITY Of~ EAGLE
5 TM JUL 2 5 2006
File:-- nn - -
. LA c..~au e o. II..
July 24, 2006
Idaho Public Utilities Commissioners
472 West Washington Street
Boise, Idaho 83702
Mayor! City , ounci
City CIerk
, ' /j' ~'
P & Z Dept. OV1 ,
Bldg. Dept.
Attorney
Engineer
RE: Request for Water Service in Foothills area north of Eagle, Idaho
Dear Commissioners:
My name is Wayne S. Forrey and I am the Director of Planing and Development with
Kastera LLC ("Kastera ). Kastera is developing the Trailhead Subdivision within Ada
County in the foothills north of Eagle, Idaho. We have not yet submitted an application
with Ada County for development approval of our project, but we are within weeks of
being able to do so.
In order to develop our Trailhead project, we need water. We initially approached both
the City of Eagle and United Water Company in an attempt to determine which entity
could best provide us with the water necessary for development. We met with the City
of Eagle and learned that Eagle would not be able to provide water for at least 2 to 3
years. On the other hand, United Water Company assured us that they had capacity and
could immediately provide water to our property. Based on that information, and our
need to have a commitment for immediate water, we requested that United Water
Company provide us with water service. Perhaps you have seen the letters I have written
to United Water Company regarding this request.
The City of Eagle recently informed us that they can now provide water to our property
within 6 months. However, various engineers and water managers have told us that the
Eagle water system cannot be expanded to meet this 6 month schedule. Eagle has
informed us that we cannot be annexed unless we connect to their water system.
would be foolish for us to annex our property into the City Eagle and then wait 2 to 3
years for water service.
Various water professionals have also told us that United Water Company can in fact
provide immediate water service to our property.
Kastera-IPUC UWI-06-
Eagle (1019.42) 000079
372 S. Eagle Road, Suite 375, Eagle,ldaho 83616 Tel: [phone] Fax: [phone] www.Kastera.com
PUC Commissioners letter page 2 of2
It would help us greatly if you could verify Eagle s ability to provide water service to our
property. Eagle s water engineer originally said it would take 2 to 3 years for water
service, now they have changed to say 6 months to 1 year for water service. What is the
real water situation in Eagle??? Does Eagle have the ability to serve our property within
6 months?
We are considering annexation into Eagle. However, if Eagle cannot provide water
within a 6 month time frame, then we would likely have United Water Company serve
our property. As stated, we are at this time attempting to verify both Eagle s and United
Water s ability to perform as claimed. We would welcome any insight that your
commission might have regarding Eagle s water system.
We regret any confusion that we may have caused. We Understand that our decision
may have some service ramifications as both United Water Company and the City of
Eagle would like to provide water to developments in our area. We are just trying to
determine who might be the best party to provide water service, given our timeline for
development. Please feel free to contact me if you have any questions or if you would
like to invite us to a future Commission meeting to discuss this issue.
wy;
Wayne S. Forrey, AICP
Director of Planning and Development
Cc: City of Eagle and United Water Company
Kastera-IPUC UWI-06-
Eagle (1019.42) 000080
Nichoel Baird
From:
Sent:
To:
Cc:
Subject:
Bastian, Stan (sbastian (g) nsd131.org)
Thursday, July 27 200612:18 PM
Nichoel Baird; City Council Grp
Susan E. Buxton; Bruce Smith; Sharon Bergmann; Bill Vaughan
RE: Kastera LLC's 'Trailhead' request to Idaho PUC - July 24 2006 letter
We may need a follow up meeting specifically dealing with this issue. If we have a path
of annexation, can we provide water to the Kastera property? This is a technical question
that needs to be answered by Holliday Engineering. The most likely source would be the
Thompson development but when will they be putting in the water line to their development?
Is there another source for connection? Do we need the storage tank to provide the
service? What is the earliest we can supply water to Kastera?
Stan
From: Nichoel Baird (mailto :nbaird~cityofeagle. orgJ
Sent: Mon 7/24/2006 12: 19
To: City Council Grp
Cc: Susan E. Buxton; Bruce Smith; Sharon Bergmann; Bill Vaughan
Subject: FW: Kastera LLC I s Trailhead I request to Idaho PUC - July 24 2006 letter
Please review the attached concerning Kastera and the IPUC.
Nichoel R. Baird Spencer, MCRP, AICPPlanner III
Ci ty of Eagle
[phone]
[phone] (fax)
From: Ben Forrey (mailto:ben forrey~kastera.comJ
Sent: Monday, July 24 , 2006 12:14 PM
To: jean. j ewell~puc. idaho. govCc: Nichoel Baird; greg.wyatt~unitedwater.com; Wayne Forrey
Subj ect: Kastera LLC' s 'Trailhead' request to Idaho PUC - July 24 2006 letter
Dear Commissioners:
Greetings. My name is Ben Forrey and I am the proj ect manager for Kastera LLC I S Trailhead
development in Ada County. I am attaching a letter (please see attached) addressingKasteras situation with regard to United Water s request to service our property. Please
review this letter and contact me with any questions.
Respectfully,
Ben Forrey
Kastera-IPUC UWI-06-
Eagle (1019.42) 000081
MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAw
950 W. BANNOCK STREET, SUITE 520
BOISE, ID 83702
TELEPHONE: [phone] FAX: [phone]
STEPHANIEJ. BoNNEY
SUSAN E. BUXTON"
MICHAEL C. MOOREI
PAULJ. FITZER
BRUCEM. SMITH
PAULA. TURCKE'
TAMMY A. ZOKAN
JOHN J. McfADDEN"!
Of Counsel
" Also admitted in Oregon
I Alsoadmitted in Washington
. Also admitted in South Dakota
+ Also admitted in New Mexico
July 14, 2006 RfiCEIVED & FILED
CITY OF EAGLE
JUL 18 2006
Ben Forrey
Kastera Homes
372 S. Eagle Road, Suite 375
Eagle, ID 83616
Annexation and Development of Trailhead Community
FH8:Ro~ '.
ity Clerk
p & Z Dept.
Bldg. Dept.
Attorney
Engineer
~ v
OV'l
~ \-\ ",-p-
Re:
Dear Ben:
This is a follow up to the meeting between Kastera Homes and the City of Eagle on
July 7 , 2006. The City representatives thought it was a very productive meeting and we look
forward to receiving information about the Trailhead development from you. The meeting
was also helpful in clarifying the miscommunication from the previous meeting and the City'
providing water service to the development.
My notes reflect that you indicated the Trailhead Community development is still in the
conceptual stage and that Kastera (or the actual development company) is still examining how
development will proceed but no applications have been fIled with either the County or the
City at this time. You indicated your preference is that the development proceed in the City.
As soon as an application is ready to be fIled, it would be helpful for you and the City Staff to
meet again.
As the City confmned, it is ready and capable of providing water to your development.
As soon as you develop a time line and plan your development's needs, it will be necessary to
meet with you to review the plan. We also understand you are nearing completion of the
Memorandum of Understanding between Kastera and the City that was discussed at the earlier
meeting between the City and Kastera.
On the issue of water service, we discussed the pending proceeding before the IPUC
because of United Water s 'application to amend its certificate of service. You are going to
prepare a letter to send to United Water and to IPUC indicating that you are in discussions
with the City over services and annexation proceedings. Given your stated intent to annex into
the City, water services will be provided through the City municipal system. The letter to
Kastera-IPUC UWI-06-
Eagle (1019.42) 000082
Ben Forrey
KASTERA HOMES
July 14, 2006
Page 2
United Water and IPUC will help avoid unnecessary proceedings before the IPUC and allow
the City and Kastera to continue their discussions.
Per your conversation this week with Bruce Smith, we understand that Tom Morris has
the letter regarding United Water ready to be sent. It would be appreciated if you could
expedite this because the City and United Water are currently having to deal with the issue of
the certificate amendment before the IPUC. Please let either the City or me know when you
would like to have the next meeting. We suggest an appropriate time would be when you have
made some determination as to your plans and schedule for development of Trailhead
Community .
Sincerely yours
MOORE SMITH BUXTON & TURCKE
CHARTERED
Susan E. Buxton
cc:City of Eagle
Kastera-IPUC UWI-06-Eagle 0019.42) 000083
05/31/2006 11: 47 FAX [phone] MOORE SMITH BUXTON TlmCK 141002/006
MOORE SMITH BUXTON & TURCI(E, CHARTERED
ATIORNEYS AND COUNSELORS AT LAw
22S NORm 91'F1 STREBT, Sum 420
BorsE.- ID 83702
TBLEPHON1i: [phone] FAX: [phone]
S'ro'ItANIEJ. BoNNE'i
SUSAN E. BUXTON"
MICJIAI11. C. MOORD1
BlluCE M. SIIollrn
PAULA.. Tultc:xe'
CHRJSTOfHERE.. YOIlCA5oN
r AMM'r A. ZOJCAN
JOHN j.McFADDtiJII"Z
Of CoJlllgel
May 31 , 2006
. Also admitted in Oregon
~ Also odmitted in Washington
, Also adm.itted in South Dakota
+ A15o.o1dmilted-iIl-New.MexiCO---I RECEiVED & FILED
CITY OF EAGLE
M!, '1f\n~ H,'! L,JUv I Pile: ! Rout.:; to:
:._,----_.,~-~-,-
Idaho Public Utilities CoI11D1ission
472 W. Washington Street
Boise, ID 83720
Re: United Water Case No. UWI-O6-
Dear Commissioners:
In resppnse to the Commission request for comments pursuant to theCommissions Notice dated May 5) 2006, the City of Eagle s response dated May 10, 2006regarding the expansion ofUWI's area of service to include the Trailhead Community area is
still correct (copy attached). The City of Eagle is capable of serving and is proceeding with
plans to acconunodate service to this development and anIJexation into the City based onrepresentations by the developer.
The City recognizes that there appears to be some confusion over what the developeris contemplating. However) the City'last communication with the developerrepresentative led to agreement between the City and the developer to begin developing aMemorandum of Understanding and consideration of a path of annexation. The City iscapable of serving the Trailhead community' and can expand its service to other areas.Accordingly, the City remains committed to its agreement with the developer. Cityrepresentatives have been unable to reach the developer to clarify this situation.
Until this matter is clarified, the City maintains its objection to,UWI's expansion intothis area which is to be served by the City of Eagle, The City is endeavoring to meet with the
developer to detennine what course of action the developer intends to pursue. This isparticularly important lithe developer intends to seek annexation. When the City's system ofthree (3) new wells is complete, they can serve the footlllUs north of the City betweenHighway 55 and north of Beacon Light Road. Given this situation, the City believes use of a
Mayorl City Council ~d ;) I
' ~'--
City Clerk
p & Z Dept.
Bldg. Dept.
Attorney
Engineer
(C(Q)~1f
Kastera-IPUC UWI-06-04 ;
Eagle (1019.42) 000084
05/31/2006 11: 47 FAX [phone] MOORE SMITH BUXTON TImCR
Idaho Public Utilities Commission
May 31,2006
Page 2
Modified Procedure is also not appropriate at this juncture.
Sincerely,
BMS:jj
cc: client
Joe Miller, Esq.
14! 00:.1/006
Kastera-IPUC UWI-06-
Eagle (1019.42) 000085
05/31/2006 11: 47 FAX [phone] MOORE SMITH BUXTON TURCK !4J 004/006
. -
MOORE SMITH BUXTON & TURCI(E, CHARTERED
ATfORNEYS AND COUNSELORS AT LAW
225 NOI1.TH 9T!1 S'I1I.BBT, SUlTB420
BOISE, ID 83702
TELEPHONE: [phone] FAX: [phone]
STEPHANiBJ. ElONNO)'
SUSAN E. BUXTON"
MICIlA~L Co Mootl.,t
BuuC!!M. SI\IDII
PAtJt.A. TUR(J(I!'
Cl!lUSTOPHe:Il E, YORGA50N
T AMM" A.. ZOJU.N
JOliN J, MCI'A\)DEW";
01 Colln8B!
. AIBO admined In Oxe!;on
I Also admitted in Wa6hingtun
. Al'iO admitted in South Dakota
, AJ." "amittcll in New Mexico
May 1 O. 2006
Idaho Public Utilities Commission
472 W. Washington S1Ieet
Boise, ID 83720
Re: Case No. UWI-06-
Dear Commissioners:
On April 26 2006, United Water Idaho Inc. filed an Application with the Idaho Public
Utilities Commission (Commission) seeking to amend and revise its Certificate of Public
Convenience and Necessity No. 143, as amended. The referellced Application seeks to add an
area known as the Trailhead Community to UWI's service territory. UWI stated at paragraph VI.
that "There are no lmown public entities, persons or corporations with whom the expansion
likely to compete.This is mCOlTect. The defined area of expansion includes an area and a
development that \\;11 be served by the City of Eagle IDunicipaJ system. The developer, Kastera
Homes, has already contacted the City of Eagle regarding annexation into the City, and the City
is taking steps to accommodate the developer s request. (See attached copy of letter from Kastera
Homes.) Under existing City ordinances the development will be served by the City. Therefore
the City objects to extension of the UWI certificate to this area.
Sincerely,
MOORE SMITH BUXTON & TURCKE
CHARTERED
BMS:jj
Enclosure
cc: client
l?e Miller, Esq.
Scott Woodbury t(Q)~1f
Kastera-IPUC UWI-06-
Eagle 0019.42) 000086
05/31/2006 11: 47 FAX [phone] MOORE SMITH BUXTON Tl~CK I4J 0021006
MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUN5ELORS AT LAw
ill NORTH 9TH STR1!BT. Sum 420
BOIS!;, ID 83702
TBLE1'Hom: (208) 331-1BOO FAX: (20B) 3g1-12D2
smRANleJ. BoNNEY
SUSAN E. BUXTON.
MICIAI11. C. MOORO'
BlluceM. SMJrn
PAULA. TURcce'
CHRJSTO'HEIl1!.. YORCASON
TAMMY A. ZOICAN.
JOliN J.-MCFADD'EI'I"1
of CollllS~1
May 31 , 2006
. AJso admitted in Oregon
1 AJso ~dmilted it! WDshinSIDn
. Also adtn.itted in South Dakota
+ A!so.admitted-iR-New-MexiCI RECE-=i\!ED & FILED
CITY OF Et-.GLE
~iUi 11ft' /V!fo\ !. Uuo
'='"" ; ;~,
Raut.:: to: --
. I
Idaho Public Utilities Commission
472 W. Washington Stteet
Boise, ID 83720
Re: United Water Case No. UWI~O6-
Dear Commissioners:
In resppnse to the Commission' 5 request for comments pursuant to theCommissions Notice dated May 5 2006, the City of Eagle s response dated May 10 2006regarding the expansion ofUWl's area of service to include the Trailhead Community area is
still correct (copy attached). The City of Eagle is capable of serving and is proceeding with
plans to accommodate service to this development and annexation into the City based on
representations by the developer.
The City recognizes that there appears to be some confusion over what the developeris contemplating. However, the City'last communication with the developerrepresentative led to agreement between the City and the developer to begin developing a
Memorandum of Understanding and consideration of a path of annexation. The City is
capable of serving the Trailhead community' and can expand its service to other areas.Accordingly, the City remains committed to its agreement with the developer. Cityrepresentatives have been unable to reach the developer to clarify this situation.
Until this matter is clarified, the City maintains its objection to,UWI's expansion intothis area which is to be served by the City of Eagle. The City is endeavoring to meet with the
developer to detennine what course of action the developer intends to pursue. This isparticularly important if the developer intends to seek annexation. When the City's system of
three (3) new wells is complete, they can serve the foothills north of the City betweenHighway 55 and north of Beacon Light Road. Given this situation, the City believes use of a
Mayor! City council ::: d ;) t' v'-a..iLCity Clerk
p & Z Dept.
Bldg. Dept.
Attorney
Engineer
t(Q)(PY
Kastera-IPUC UWI-06-
Eagle (1019.42) 000087
05/31/2006 11: 47 FAX [phone] MOORE SMITH BUXTON TlrnCK
Idaho Public Utilities Commission
May 31,2006
Page 2
Modified Procedure is also not appropriate at this juncture.
Sincerely,
BMS:jj
cc: client
Joe Miller, Esq.
I4J 003/006
Kastera-IPUC UWI-06-
Eagle (1019.42) 000088
From: Andy Gehrke (andy~holladayengineering. com)
Sent: Thursday, November 09,2006 6:00
To: Vern Brewer
Cc: rod~holladayengineering. com; Kasey Ketterling;
Subject: Thompson Acres Water Model Results
Tofor Snider
Vern,
I have completed the water model for the Thompson Acres Subdivision. A summary
of the results can be found in the attached Excel file under the "Thompson
Acres" worksheet. I also created a "Remaining Capacity " worksheet that should
be checked over by everyone working with Eagle to make sure I figured things
correctly. My thought was that this worksheet can be improved and modified as
needed and then kept current as new development come in. This should help with
the tracking of remaining capacity.
In talking with Chris, Kasey, and Tofor , it appears that growth is really supply
limited and the supply capacity is limited by the Water Right diversion rate of
25 cfs (1 459 gpm). This spreadsheet uses the 800 gpdjresidence minimum
supply capacity requirement of the IRPDWS. One of the main questions that I had
in looking at this was whether or not there is adequate supply redundancy in the
event that the largest well (Well 3) were off line. My understanding is that
with Well 2 and the UWI Intertie, Well 3 could be down for a period of time
wi thout negative impacts. In other words, Well 2 and the UWI Intertie could be
used to make up for the lost production of Well 3 for a period of time.
Under the actual model fire flow results for Thompson Acres, I have prepared two
summary tables. The first table is for Thompson Acres alone and the second is
for Thompson Acres with a 691 gpm demand placed on the North end, which is
equivalent to the 1 243 ERC's I have calculated as the maximum number of
connections in the Kastera Development. Based on the fire flow results, I would
recommend replacing the existing 8" main in E. Covey Run Ct. with a 12" main, at
a minimum, in order to provide at least 1 500 gpm fire flow in Thompson Acres
with the future demand of Kastera. It appears that this up-sizing is not
necessary for Thompson Acres alone, but will be necessary for Kastera (at least
before the other 16" loop to the tank is made). Furthermore, if Kastera will be
pumping directly from the 16" main through Thompson Acres , upsizing the 8"
bottleneck will be even more important if there pump system can draw more than
691 gpm.
Let me know if you have any questions or need me to modify any of this material
or check additional scenarios.
Sincerely,
Kastera-IPUC UWI-06-
Eagle (1019.42) 000089
Andrew J. Gehrke, P.
HOLL~~AY ENGINEERING CO.
O. Box 235, 32 N. Main
Payette, Idaho 83661
Phone: [phone]
Fax: [phone]
Kastera-IPUC UWI-06-
Eagle 0019.42) 000090
City of Eagle
East Side City Water System
Thompson Acres Water Model Summary
Calculated Available Fire Flow (gpm)
at the Listed Demand Condition
Fire Max Day Demand Max Day Demand Max Day Demand
Hydrant (Well 3 ON,(Wells OFF,(Wells OFF
Scenario No.Tank WSE 2830)Tank WSE 2840)Tank WSE 2816)
FH-237 065 008 917
8" Main on E. Covey FH-238 874 844 782
Run Ct.FH-239 349 196 088
FH-242 247 124 013
FH-237 545 321 211
12" Main on E.FH-238 244 130 025
Covey Run Ct.FH-239 163 629 500
FH-242 037 545 2,411
FH-237 626 368 256
16" Main on E.FH-238 304 168 062
Covey Run Ct.FH-239 324 700 567
FH-242 194 614 2,4 76
Model 691 gpm Demand at the North End of Thompson Acres to Simulate Potential Demand
from Planned Kastera Development (This analysis does not include the future 16" main
on Beacon Light Rd. looping back into the Eagle Sports Park Reservoir):
Calculated Available Fire Flow (gpm)
at the Listed Demand Condition
Fire Max Day Demand Max Day Demand Max Day Demand
Hydrant (Well 3 ON (Wells OFF (Wells OFF,
Scenario No.Tank WSE 2830)Tank WSE 2840)Tank WSE 2816)
FH-237 731 570 1,473
8" Main on E. Covey FH-238 575 1,466 372
Run Ct.FH-239 912 667 557
FH-242 780 576 1 ,462
FH-237 2,406 969 856
12" Main on E.FH-238 126 813 705
Covey Run Ct.FH-239 945 177 045
FH-242 770 067 930
FH-237 525 031 917
16" Main on E.FH-238 218 866 756
Covey Run Ct.FH-239 156 262 126
FH-242 973 149 008
* Note: These are the critical (limiting) fire hydrants in Thompson Acres Subdivision.
Kastera-IPUC UWI-06-
Eagle (1019.42) 000091
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Eagle 0019.42) 000093
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--__.... -
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Kastera-IPUC UWI-06-
Eagle (1019.42) 000095
HOLLADAY ENGINEERING CO.
ENGINEERS. CONSULTANTS
32 N. Main. P.O. Box 235
Payette, ID 83661
[phone] . Fax # [phone]
September 22, 2006
839 E. Winding Creek Dr., Suite 101
Eagle , ID 83616
[phone] . Fax # [phone]
Nancy Merrill, Mayor
City of Eagle
O. Box 1520
Eagle, ill 83616
RE:Kastera Water Service (Revised)
Ref. No. EG052806
Dear Mayor Merrill:
An issue has been made of timing for expansion of the City's water service system to a
Kastera property by Mr. Forrey and other Kastera representatives. It has been stated that
I represented that the City could not serve the Kastera property northeast of Eagle Road
for two years. That representation is partially correct but it is instructive to examine the
date and context ofthat statement.
Bill Vaughan, I, and others, including Mr. Forrey, met on February 23 2006 to discuss
the possibility of annexation and municipal water service to the Kastera property lying
partially inside the Eagle Area of Impact and partially outside the Area of Impact north of
Homer Road. At the time of our meeting several outstanding issues remained
unresolved, including:
The City's Water Master Plan had been approved by the Department of
Environmental Quality on December 20, 2005 but the City had not yet
developed and passed a budget for implementation.
The City had petitioned the District Court for Judicial Confinnation to allow
the City of proceed with a $2.59 million water project including a one-million
gallon reservoir, well, and trunk line extensions but had no indication of
approvaL
The City had two financing options for the $2.59 million water expansion
project but had no finn offers on financing.
The City had received approval of the amended plans and specifications for
Eagle Well No.3 (aka Brookwood Well) from DEQ on December 19, 2005
but had not resolved a schedule for construction.
c,-
- ,
Kastera-IPUC UWI-06-
Eal!le 0019.42) 000096
WATER. WASTEWATER . SOLID WASTE . PUBLIC UTILITIES . STRUCTURES . PLANNING. STUDIES
Mayor Merrill
September 22, 2006
Page 2
The City had not received development plans for Thompson Acres which
plans provide an important link for the trunk line connection.
The City of Eagle had not been approached by any party owning lands above
Homer Road to request being included in a planning area. The Council had
asked that the focus of the initial Water Master Plan be the area lying south of
Homer Road between Linder Road and Hwy. 16 as well as the remainder of
properties lying outside any Certificated Areas as identified by the Public
Utilities Commission.
The City had not held meetings with the property owners of Triple Ridge
Place to detennine if they would be willing to annex into the City in exchange
for fire protection provided by a trunk line extension up Trinity Lane.
At that meeting the question of timing of City water service to the Kastera property was
raised. I represented that the City was very interested in working with Kastera to pursue
water service to their property. After explaining the status of the water planning and
acknowledging the uncertainty of timing for agency approvals, I indicated that it could be
up to two years before service could be extended. Since that meeting the following
approvals have been received and planning changes have occurred.
The City developed and adopted a budget and capital improvement for
implementation of the Water Master Plan.
The City received approval ofthe Judicial Confirmation on April 7, 2006.
The City applied for and received approval of a Drinking Water State Revolving
Loan on July 21 2006. Design is proceeding and the schedule for completion of
the water reservoir is October, 2007.
In accordance with Brookwood Well Plans and Specifications, a well driller has
been selected, a contract awarded and the well should be completed by May,
2007.
The City received application for annexation and development of Thompson
Acres and has approved the Preliminary Plat.
The City has had numerous inquiries about the expansion of water service to areas
lying north of Homer Road and is in the process of reviewing master planning
documents to consolidate various planning efforts into a cohesive master plan for
updating and amending its Water Master Plan.
The City has met with the property owners of Triple Ridge and is in the process of
working out the details for annexation.
Kastera-IPUC UWI-06-
EaQle (1019.42) 000097
Mayor Merrill
September 22, 2006
Page 3
With the foregoing approvals and continuing work effort, it appears that the initial
estimate of time was correct. The City appears capable of providing service to the
Kastera property well within the two year window as stated in that initial meeting.
Sincerely,
HOLLADAY ENGINEERING CO.
Vernon E. Brewer, Project Manager
Kastera-IPUC UWI-06-
Eae:le (1019.42) 000098
~CEIVEO & FILED
CITY OF EAGLE
FEB 2 3 2007
5 TM
File:
Route to:
February 20, 2007
,~--\'""
.p4- 1--
Gregory P. Wyatt, Vice President
United Water Idaho Inc.
8248 West Victory Road, P.O. Box 190420
Boise, Idaho 83719-0420
RE: ID puc Case No. UWI-O6-
Dear Mr. Wyatt
Thank you for taking time out of your busy schedule to discuss water service issues with
me. I appreciate and understand that water is a high priority with all developers in the
Treasure Valley and you and your staffs' expertise in this matter is very helpful.
Per our February 20, 2007, telephone conference, Kastera LLC is submitting to United
Water in writing a request for water services to Kastera s Trailhead Community in the
North Ada County Foothills. Kastera LLC will be making application with Ada County
for development of this project. We desire United Water service for our Trailhead
Community.
Kastera LLC was in negotiation with the City of Eagle and surrounding neighbors to the
Trailhead Community for an annexation path. This path did not materialize and as such
the City of Eagle is not able to provide water service to our project. Kastera LLC has
requested, in a letter dated February 15 2007, to the City of Eagle, a withdrawal of both
our Annexation and Rezone Applications immediately (letter to Eagle is included as
attachment to this letter).
For the benefit of all parties involved, Kastera LLC will not discuss any annexation or
water service requests from the City of Eagle, Idaho for this specific project. We realize
that United Water has requested an expansion of its service area to include Kastera
Trailhead Community from the Idaho Public Utilities Commission and as such Kastera
agrees that it makes sense to coordinate with United Water on providing water service to
our project.
Again, we thank you for your time on this matter and we look forward to moving forward
with United Water on this exciting project.
Kastera-IPUC UWI-06-
Eagle 0019.42) 000099
372 S. Eagle Road, Suite 375 , Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.Kastera.com
omas Fassino
Proj ect Manager
Enclosure: Copy of Withdrawal Request to the City of Eagle
Cc: Mayor Nancy Merrill, City of Eagle, Idaho
Scott Woodbury, Deputy Attorney General, IDPUC
John Lee, United Water
Kastera-IPUC UWI-06-
Eagle (1019.42) 000100
ATTACHMENT 3
RESPONSE TO REQUEST NO.
CASE NO. UWI-O6-
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City of Eagle
Kastera/Triple Ridge Area
Legend
/\I RoadsE:J Kastera
'3(:i.Tri le Ridge"'.1"i:l~'r'"
..
Thompson Acres
c=:J Parcels
l1li Eagle Cityc=J Eagle ADI
1. City Well No.1 (existing)
2. City Well NO.2 (not in operation)
3. City Well No., construct 2006 (by City)
4. Million-gallon storage reservoir, construct 2007 (by City)
5. Floating Feather Well (existing)
6. Trunk line (Thompson Acres - in process)
7. Booster Pump Station(Kastera)
8. Trunk Line(Kastera)
9. Loop line (Kastera)
10. Storage reservoir -(option to be determined - Kastera)
11. TrunkHne~Kastera)
f---
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Kastera-IPUC UWI-06-
Eagle (1019.42) 000101