20070423Kastera to City of Eagle 1-13.pdf

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Tom C. Morris, ISB No. 2974
Kastera LLC
15711 Highway 55
Boise, Idaho 83714
[phone]
tom morris~kastera.com
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. UWI-O6-
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INc. TO
AMEND AND REVISE CERTIFICATE OF
CONVENIENCE AND NECESSITY NO. 143
KASTERA LLC'
RESPONSE TO CITY OF
EAGLE'S FIRST
PRODUCTION REQUESTS
Kastera LLC ("Kastera ) hereby submits its Response to City of Eagle s First
Production Requests as follows. The documents were prepared by Tom Morris, and the
record holder is Tom Morris, whose address and phone number is shown above.
REQUEST NO.: Please provide a copy of the Comprehensive Plan applicable
to your proposed Trailhead Community development.
RESPONSE TO RE UEST NO.1: The Comprehensive Plans applicable to the
proposed Trailhead Community development can be viewed at www.cityofeagle.com and
www.adaweb.net.
REQUEST NO.: Please provide a copy of your complete application to Ada
County for rezone and subdivision approval.
RESPONSE TO RE UEST NO.2: Kastera has had a pre-application meeting
with Ada County, but no application has been made to date.
KASTERA LLC'S RESPONSE TO CITY OF EAGLE'S FIRST PRODUCTION
REQUESTS
REQUEST NO.Please provide a copy of all correspondence, including
emails and facsimiles, and any attachments thereto, between you and Ada County
regarding the Trailhead Community development.
RESPONSE TO RE UEST NO.See attachment No., Ada County
Correspondence.
REQUEST NO.Please provide a copy of any schedule(s) for public hearing
for the Trailhead Community development.
RESPONSE TO RE UEST NO.4: No public hearings have been held yet, and
none are currently scheduled.
REQUEST NO.Please provide a copy of all correspondence and contracts or
other agreements, including emails and facsimiles and any attachments thereto, between
you and United Water regarding the Trailhead Community development.
RESPONSE TO RE UEST NO.5: See attachment No., United Water
Correspondence.
REQUEST NO.Please provide a copy of all engineering design drawings for
the water distribution system for the Trailhead Community development.
RESPONSE TO REQUEST NO.Kastera does not have any engineering
drawings for a water distribution system for the Trailhead Community development.
~O1l..EST NO.7: Please provide a copy of all water rights appurtenant to the
property included within the Trailhead Community development.
RESPO~QUEST NO.Kastera is not aware of any water rights
that are appurtenant to the property included within the Trailhead Community
development.
KASTERA LLC'S RESPONSE TO CITY OF EAGLE'S FIRST PRODUCTION
REQUESTS
REQUEST NO.Please provide a copy of all engineering designs and
drawings for any irrigation facilities for the Trailhead Community development.
RESPO~E TO REQUEST NO.: The irrigation facilities for the Trailhead
Community have not been designed yet.
REQUEST NO. 10: Please provide a copy of any letter, memoranda, email
assessment, or analysis between or among your employees, staff, or consultants regarding
annexation of the development into the City of Eagle or application to Ada County for
rezone and subdivision approvals.
RESPONSE TO RE UEST NO. 10:This request is overly broad and
potentially calls for the disclosure of information that is proprietary and confidential to
Kastera. Kastera objects to the request.
REQUEST NO. 11 : Please provide a copy of any proposed or final schedule(s)
for development, including any phases, of the Lanewood development.
RESPO~E TO flliQUEST NO. This request is not directed to the
Trailhead Community project and seeks information not within Kastera s control. Kastera
therefore objects to the request.
REQUEST NO. 12: Please provide a copy of any purchase and sale
agreement(s) for land for the Lanewood development as referenced in the March 14
2007 Affidavit of J. Romon Yorgason.
RESPONE TO RE UEST NO. 12:This request is not directed to the
Trailhead Community project and seeks information not within Kastera s control. Kastera
therefore objects to the request.
KASTERA LLC'S RESPONSE TO CITY OF EAGLE'S FIRST PRODUCTION
REQUESTS
REQUEST NO. 13: Please provide a copy of all water needs assessments for the
Lanewood development.
RESPON~QUEST NO. This request is not directed to the
Trailhead Community project and seeks information not within Kastera s control. Kastera
therefore objects to the request.
Dated this 20th day of April, 2007.
tJidk:Tom C. Morris, Secretary/Attorney
Kastera LLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 20th DAY OF APRIL, 2007, SERVED
THE FOREGOING RESPONSE TO CITY OF EAGLE'S FIRST PRODUCTION
REQUESTS IN CASE NO. UWI-06-, BY THE METHOD INDICATED BELOW,
AND ADDRESSED TO THE FOLLOWING:
Dean 1. Miller, Esq.
McDevitt & Miller LLP
420 West Bannock Street
PO Box 2564
Boise, ID 83701
(x) U.S. Mail, Postage Prepaid
() Hand Delivered
( ) Overnight Mail
( ) Facsimile
Gregory P. Wyatt
United Water Idaho, Inc.
PO box 190420
Boise, ID 83719
(x) U.S. Mail , Postage Prepaid
() Hand Delivered
( ) Overnight Mail
( ) Facsimile
KASTERA LLC'S RESPONSE TO CITY OF EAGLE'S FIRST PRODUCTION
REQUESTS
Bruce M. Smith
Moore, Smith, Buxton
& Turcke, Chartered
950 W. Bannock St.
Suite 520
Boise, ID 83702
( ) U.S. Mail, Postage Prepaid
(x) Hand Delivered
( ) Overnight Mail
() Facsimile
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
(x) U.S. Mail, Postage Prepaid
() Hand Delivered
( ) Overnight Mail
( ) Facsimile
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
(x) U.S. Mail, Postage Prepaid
() Hand Delivered
( ) Overnight Mail
( ) Facsimile
KASTERA LLC'S RESPONSE TO CITY OF EAGLE'S FIRST PRODUCTION
REQUESTS
Attachment No.
Ada County Correspondence
KASTERA LLC'S RESPONSE TO CITY OF EAGLE'S FIRST PRODUCTION
REQUESTS
January 29, 2007
Gerry Armstrong, Director
Ada County Development Services
200 West Front Street
Boise, Idaho 83702
RE: Director s Determination
Dear Mr. Armstrong:
As you and your staff are aware, Kastera, LLC owns several hundred acres in the North Ada County
foothills in two distinct areas, the Shadow Valley Golf Course and the North Eagle foothills. Our 660-
acres in the North Eagle foothills is known as Trailhead.
Over the course of the last nine (9) months, Kastera has been working with the City of Eagle on
attempting to annex our Trailhead property into Eagle. At one point we thought that substantial
progress had been made. Unfortunately, and to no fault of the City of Eagle or Kastera, LLC, the
ability for Kastera to annex our Trailhead property appears to be unraveling. Consequently, Kastera is
now looking at available development through Ada County's processes.
Kastera is very familiar with the Planned Community process due to our Shadow Valley Planned
Community Application currently under review by Ada County. We are requesting that you, as the
Director of Development Services, make a Director s Determination as to whether Kastera, LLC can
include 120-acres of our property within the Eagle Area of Impact into a planned community
application for our Trailhead project. Kastera believes that we have made a very strong good faith
effort to be annexed into Eagle, and we should not be penalized by including our 120-acres into
acreage for a planned community.
Please let me know what documentation you need from me in order to process a Director
Determination on this unique situation.
Respectfully,
Thomas Fassino, Project Manager
Kastera, LLC
March 5, 2007
Richard Cook, Deputy Director
Ada County Development Services
200 West Front Street
Boise, Idaho 83702
Dear Mr. Cook:
Thank you for sitting down with Wayne Forrey and discussing the planned community
planning processes. Wayne has asked me to provide to you a overview of the process
Kastera entered into with the City of Eagle in trying to be annex Kastera s 660+/- acres
into Eagle, Idaho. I have included copies of correspondence Kastera has had with Eagle
staff and representatives.
Wayne had an initial meeting with Eagle s engineer, Holladay Engineering in January
2006, to discuss the possibility of the City of Eagle providing domestic water to Kastera
Trailhead Community. Holladay Engineering informed Wayne that it would be at least
two (2) years before Eagle could even begin to think about providing water service to
Kastera s Trailhead project. It was Kastera assertion that being served by United Water
should not preclude the Trailhead Community from being annexed into the City of Eagle.
So Kastera began a dual track process with United Water and the City of Eagle:
Exhibit A - Kastera s request for United Water service.
Exhibit B - United Water s formal request to the Idaho Public Utilities
Commission (IDPUC) for the expansion of their service area.
Exhibit C - Kastera s request for a meeting with Eagle officials to discuss
annexation.
Exhibit D - Kastera second request for a meeting with Eagle officials to
discuss annexation.
Exhibit E - The City of Eagle s formal protest to the IDPUC.
Exhibit F - United Water s response to Eagle s protest.
Exhibit G - Letter from Kastera to the IDPUC asking for assistance in
determining who, Eagle or United Water, can provide water to Trailhead.
August 10,2006 a face-to-face meeting was held between the IDPUC, Kastera
United Water and the City of Eagle. Eagle again asserted its protest to United
Water s service area expansion and stated that no land would be annexed into the
City of eagle without being required to use Eagle City water service.
Exhibit H - Eagle s first draft ora Memorandum of Understanding (MOU)
between Eagle and Kastera.
Exhibit I - Kastera s response to Eagle s MOU.
Exhibit J - Kastera s response to the IDPUC for additional information.
Exhibit K- Eagle s response to Exhibit I.
Exhibit L - Eagle s response to Exhibit 1.
As you can see from the above Exhibit list, Kastera has invested substantial time and
effort with the City of Eagle. In October 2006, Kastera sat down with Eagle elected
officials and staff. At that meeting Kastera was told that an annexation path had been
established and was only a matter of a few weeks away from being formalized. This path
would have provided an avenue for Kastera s Trailhead Community to be annexed and
the City of Eagle to provide water to Trailhead.
After further negotiations Kastera agreed to two major concessions to the City of Eagle
and neighbors in the Triple Ridge Subdivision who were to provide the annexation path.
Kastera was told that with these two major concessions the annexation path would be
completed thus guaranteeing water service from the City of Eagle. Because of this
guarantee Kastera submitted both an annexation and rezone application to the City of
Eagle to show our willingness to move forward with the City. The annexation path never
materialized and on February 15,2007, Kastera formally withdrew its annexation and
rezone applications (Exhibit M) and notified the neighbors of our intentions in a letter
dated February 16, 2007 (Exhibit N).
Because of Eagle s lack of vision for proper community planning, Kastera is now moving
forward with developing within the Ada County framework. It also means that Kastera is
bound by current ordinances that allow for the ability to apply for a non-farm cluster
development because 140 acres of the 660 acres is in the Eagle Area of Impact. This
means that planning will not occur on 75% of the land which is in Ada County
jurisdiction. Kastera is asking that consideration be given to allow for the planning of all
of Trailhead today, so that problems do not arise tomorrow.
Kastera looks forward to Ada County Development Services' staff in helping to plan this
project so that it may be sustainable and beneficial to its future citizens and Ada County.
If you have further questions or comments please feel free to contact me at 472.0300.
Respectfully,
Thomas Fassino
Project Manager
February 22, 2007
John Franden
2300 W Buckskin CT
Eagle, ID 83616
Dear Mr. Franden:
Wayne Forrey asked that I mail you a copy ofthe letter I sent to the City of Eagle
withdrawing or annexation and rezone applications. Please find enclosed a copy of that
letter dated, February 15, 2007.
If you have any further questions or comments please feel free to contact me.
Respectfull y ,
Thomas Fassino
ADA COUNTY
DEVELOPMENT SERVICES
200 W. FRONT STREET
BOISE, IDAHO 83702-7300
PHONE [phone]
PREAPPLICATION CONFERENCE NOTES
Status: Active
PreaDDUcation Nnmber: 200500082 - PREAP - A
Date Closed:Date Received: 8/26/2005
Meeting Date: 2/15/2007 Date Assigned:2/5/2007
Applicant's Name:
KASTERA DEVELOPMENT LLC
Development Services Staff Assiened To Meetinl!:Staff Name: Attended Meeting?
JOHANNA YOUNG RICHARD COOK STEVE MALONE
Project Description:
REZONE/NON FARM
No. of LotslUnits: 0 Total Acres: 660.075
Unique Features:
FOOTHILLS; TRIBUTARY FLOODW A
Sewer/Septic: Community Sewer
Water/WeU: Community Well
REQUIRED FOR 10 OR MORE LOTS
General Property Location:
NORTH OF EAGLE
Parcel Info:
Parcel Num:
R8163150058
R8528640604
R8528640651
S0227320000
S02273362oo
S0228120610
S0228233600
S0228244300
S0233120700
S0234212458
S0234233600
Street Address:
N WILLOW CREEK RD
4315 N SAGE IDLL LN
E TRINITY CT
N WILLOW CREEK RD
NEAGLE RD
NEAGLE RD
N WILLOW CREEK RD
N WILLOW CREEK RD
N BROOKSIDE LN
Zone Info:
Zone Type:
Existing Zones
Existing Zones
Zone:
RUT
City/State/Zip:
Eagle, ID
Eagle, ID 83616-0000
Eagle, ID
Eagle, ID
Eagle, ID
Eagle, ID
Eagle, ID
Eagle, ID
Boise, ID
83616-0000
83616-0000
83616-0000
83616-0000
83616-0000
Two / Rol! / See Info:
Twn: Rug: Sec: Qtr:
5N IE 20 ALL
---,---------- --------- --___--____~------~--------------- --------------,------------'-----._--
Overlay Areas Info:
Overlay Area: Overlay Value:Flood FlootHillHillSide 15 % Slope or More
Impact Area Ada County
Impact Area Eagle~I Yes
Comments:
2/1512007 Page 1 of 5
ADA COUNTY
DEVELOPMENT SERVICES
200 w. FRONT STREET
BOISE, IDAHO 83702-7300
PHONE [phone]
PREAPPLICA TION CONFERENCE NOTES
Ada County Code References:Airport Influence Areas: Article 8-3A; GreenWay Area: Article 8-3G; Hillside
Areas: Article 8-3H; Flood Areas: Article 8-3F; Southwest Area: Article 8-3C;
WUFI Area (Wildland Urban Interface): Article 8-
Comp Plan:
ADA CO.AGIRURAL"; EAGLE-RES. RURAL (lDU/5 ACRES)
Ae:encies To Contact:
Agency Name:
ADA COUNTY illGHWAY DISTRICT/ PLANNING DEPT. - (208)-387-6100
Comments: ADA COUNTY illGHWA Y DISTRICT- PLANNING DEPT. [phone]
CAPITOL VIEW IRRIGA nON DISTRICT
Comments: CAPITOL VIEW IRRIGA nON DISTRICT (ONLY PARCEL #R852864065 1 AND
#R8528640604).
CENTRAL DISTRICT HEALTH - (208)-327-7499
Comments: CENTRAL DISTRICT HEALTH [phone]
EAGLE FIRE DISTRICT - (208)-939-6463
Comments: EAGLE FIRE DISTRICT [phone]. NOT ALL OF THE PARCELS ARE LOCATED IN A
FIRE DISTRICT.
IDAHO POWER COMPANY - (208)-388-2200
Comments: IDAHO POWER
Contact Person:
Required Applications:
App Type: Descriptive Name:DA DEVELOPMENT AGREEMENTFP FLOODPLAIN APPLICA nON
GRAD GRADING PERMITHD illLLSIDE DEVELOPMENT
PRELIMINARY PLATZC ZONING ORDINANCE MAP AMENDMENT
Notes:
Considering a standard subdivision, non-farm subdivision, or a planned community
The regulations for a nonfarm subdivision is set forth in Sec. 8-2A-6 of the Ada County Code.
Regulations for a subdivision are set forth in Title 8, Chapter 6 of the A.
A portion of the subject property is located in the Eagle Area of City Impact
Only those areas located in the RR District would be considered as part of a nonfarm subdivision.
To apply for a nonfarm subdivision the property must be within the RR District and contain 20 acres of continuous land.
A planned community must contain 640 acres and be located outside of an existing area of city impact.
-- - .._--
2/1512007 Page 2 of 5
ADA COUNTY
DEVELOPMENT SERVICES
200 W. FRONT STREET
BOISE, IDAHO 83702-7300
PHONE [phone]
PREAPPLICATION CONFERENCE NOTES
Staff recommends the applicant submit a development application along with the proposed rezone application.
In accordance with Sec. 8-2B-IC and 8-2B-ID of the A.C. the property must be served by municipal wastewater
collection and treatment system and community community water system in order to rezone the property to an urban base
dist.
Nonfarm subdivisions with 10 or more lots must have a community well.
Nonfann subdivisions must have a community sewage disposal system.
In order to rezone to the RR District property must be annexed into a fire dist.
Regulations for a planned community are set forth in Article 8-2E of the AC.
The design of open space lots shall comply with the standards set forth in Article 8-4J of the A.
See Section 8-2A-6E of the A.C. for additional application requirements required for nonfann subdivision containing
more than 640 acres.
See Article 8-3B (Wildland-Urban Fire Intervace Overlay District - WUFI) for the purpose, applicabHity, and standards for
new development located in the WUFI Overlay Disrict.
See Article 8-3F (Flood Hazard Overlay District) of the A.C. for the purpose, applicability, process, definitions, general
regulations, standards, and regulations for development located in a special flood hazard area.
See Article 8-3H (Hillside Overlay District) of the A.C. for the purpose, applicability, application requirements, process
standards, and required findings for development located in areas with slopes that exceed 15% or where adverse conditions
associated with slope stablity, erosion, or sediment are present.
See Article 8-4A of the A.C. for standard regulations that apply to all zoning districts. Applicant moving forward in
direction of nonfarm cluster sub.
Presence of some tributary floodplains; requires separate application
AppHcant has submitted app to BOCC for inclusion into a fire district (Eagle)
RUT Cluster is an option, but no density bonus available. RUT parcels would only be eligible for 5 acre parcels
Applicant has completed a slope analysis; talked with John Priester, Cty Engr
Contiguous parcels (under same ownership ifnot eligible for a building permit) requires they be brought into sub.
See Chapter 6, Art. A-Design Standards (8-6A-l D) Subdivision
App goes to City of Eagle for Comment Title 9 Area of Impact Agreement-City of Eagle- Possible inclusion of this area
into City of Eagle Area of Impact
2 means of access required to the lots (WUFI requirement) NOTE: 2/15/07 see latest WUFI standards regarding access.
Applicant is looking alternative wastewater treatment options
--------
Page 3 of 5
2/15/2007
ADA COUNTY
DEVELOPMENT SERVICES
200 W. FRONT STREET
BOISE, IDAHO 83702-7300
PHONE [phone]
PREAPPLICATION CONFERENCE NOTES
Community well req d for more than 10 lots
520 acres (more or less)
Approximately 100 lots (500 acres)
Staff recommends another Pre-app; bring in some draft layouts, design, etc.
Staff met with Wayne Forrey, AICP on 1/9/06
Proposes development on slopes of 0-15%; 2 points of access: Willow Creek Road and from existing subdivision in
southeast comer of subject property
Not proposing to develop lots within Eagle area of city impact
If applicant sells parcels in Eagle AOI then must be legal parcels. Recommend reading "
contiguous" provisions of Ada
County Code.
See Section 8-4A-8 re: Contiguous Parcels Ifparcels are contiguous they need to be included within the subdivision
boundaries
Applicant has met with ACHD - good backbone for road network staff meeting clusters
WUFI: New subs require interconnected system of roadways from 2 directions
Staff has interpreted code that two means of access for each lot 8-3B-3 (submittal from local fire district that they can
provide fire flow)
No disturbance of slopes greater than 14 No disturbance of slopes greater than 14%
Staff recommends Applicant meet with County Engineer about need for a Hillside Development Application
Potential for tributary floodways-applicant proposing to stay away ftom
Staff recommend meeting with David Wells, Ada Cmmty re: hillside issues
Nonfarm Sub: Requires subdivision plat, natural features analysis
Prior Legado natural features analysis might be useful in preparing new one.
Requires Open Space Plan per 84J of Ada County Code
Letter from Fish & Game regarding potential presence of Threat/Endang species
Zoning Ord Map Amendment (ftom RP to RR) + Development Agreement County has new master application (all
apps
by project #)
possible Hillside and Floodplain applications may be required
Letter ftom Local Fire District
- .."- _.... -- ",,--
Page 4 of 5
2/15/2007
ADA COUNTY
DEVELOPMENT SERVICES
200 W. FRONT STREET
BOISE, IDAHO 83702-7300
PHONE [phone]
PREAPPLICATION CONFERENCE NOTES
Open space to be used for equestrian purposes (BLM property close by)
Pay attention to Design Standards for open space found in 8-4J-4: DESIGN
Since 1/06 in eagle fire district.
Managing conservation easement. Tim Breuer at Treasure Valley Land Trost. Developers Gary Campbell and Walt
Minnick have recently placed easements on their plats. Idaho Fish & Wildlife Foundation is another potential CE holder.
2/15/2007 - Non-farm sub proposed. MBR and United Water.
See ACC 8-2A-6E for additional non-farm requirements if over 640 acres.
Need dedicated open space plan per ACC 8-4J.
Additional Preap Conference: Required Neighborhood Meeting Required?Yes
Cross References: FILE #05-55-ZCA
~ -~-------~ -..-
Page 5 of 5
2/15/2007
---
5 TM
January 31 , 2006
Ada County Commissioners
Ada County
200 West Front Street
Boise, Idaho, 83702
Dear Ada County Commissioners:
Kastera Homes is beginning the application process for 660 acres of land in the Eagle
Foothills of Ada County. One development option Kastera Homes is considering is a
non-farm cluster in accordance with Ada County code. Please find attached to this
application a site plan showing this development concept.
As you can see from the attached site plan, Kastera Homes intends to develop on the
lower and flatter portions of the property (below 15% slope). You will also notice that on
the plan we have clustered the home sites away from major drainage areas.
On January 9, 2006, Wayne S. Forrey, also of Kastera Homes, met with Ada County
Development Services in a pre-application conference and they recommended a meeting
with the County Engineer to discuss the possibility of a Floodplain Application.
January 18 2006, I met with Ada County Engineer David Wells and he recommended
that Kastera Homes complete a Floodplain Application. Hence, we are submitting this
Floodplain Application to complete this step in our development application process.
Thank you for your time on this matter. Ifthere are any further questions please contact
me at 472.0300.
Keep up the good work!
es ectfully,
.;.. Fossi , Project Manager
Kastera Homes
MAS TER APP-..-L CA TI 0 N/ AD ML II TRA TIV E
ADA COUNTY DEVELOPMENT SERVICES
200 W. Front Street, Boise, Idaho 83702. www.adaweb.net phone: [phone] fax: [phone]
TYPE OF APPLICATION:
ACCESSORY USE
ADMINISTRATIVE MODIFICATION
0 FARM DEVELOPMENT RIGHT
FINAL PLAT
X FLOODPLAIN
HIDDEN SPRINGS ADMINISTRATIVE
HIDDEN SPRINGS SPECIAL EVENT
Hll..LSIDE
0 NONCONFORMING USE! DOCUMENTARY
SUBMITT ALS:
0 NONCONFORMING USEI EXPANSION
0 ONE TIME DIVISION
PRIVATE ROAD
PROPERTY BOUNDARY ADJUSTMENT
PROPERTY STATUS
TEMPORARY USE
SIGN
TIME EXTENSION
X Detailed letter by applicant describing the request or project.
X Site plan showing all existing and proposed structures, property lines, and fencing, drawn to scale on 8 1/2" x 11" paper.
Building elevation plant showing heights of proposed building and listing height of any existing dwelling, drawn to scale
on 81/2" x 11" paper. NOT REQUIRED PER CONVERSATION WITH STAFF
X Warranty deed or evidence of proprietary interest.
SITE INFORMATION: SEE A TT ACHED DOCUMENT
Location: Quarter: Section: Township:
Subdivision Name:
Site Address:
Range:
Lot:
City
Area of City Impact:
Total Acres: 660
Block:
Tax Parcel Number(s): SEE ATIACHED
OWNER:
Name: Gree:g Olsen
Address: 2726 E. Grevstone Ct.
City: Eagle
Telephone: [phone]
Email:
State: ID
Fax:
Zip: 83616
APPLICANT:
Name: Thomas Fassino. Kastera Homes
Address: 372 S. Eae:le Rd.. Suite 375
City: Boise State: Zip: 83616
Telephone: [phone] Fax: [phone]
Email:
thomas Jassino~astera.com
I certi!y this informati . s correct to the best of my knowledge.
Zoning:RPIRUT Ada CountylEagle
I consent to this application and allow Development Services staff
to enter the property for related site inspections.
tJI--
Signa e er)
3/" Date
j)J:
OFFICE USE ONLY Building Pennit?
Project No.Received By:Date:Log:
Stamped:Fee:
1/31/06
K:\Processes\Development\Ostrich 660\floodplain app.doc
SPECIFIC PROJECT SUBl\1I1'x-AL REQUIREMENTS - PLEASE CtmiPLETE ONLY THE
APPLICABLE SECTIONS. A TT ACH ADDITIONAL PAGES AS NEEDED FOR REQUIRED
INFORMATION.
ACCESSORY USE
GENERAL INFORMATION: (ANSWER AS APPLICABLE)
0 SUPPLEMENTARY INFORMATIONProposed use(s): Total square feet of proposed use:
Hours of operation: Days and/or dates of operation:
Number of parking spaces: Number of employees:
Number and frequency of patrons: Number and frequency of deliveries:
Area (in square feet) offenced yard: Height and type of fencing:
If employee will be residing in the additional dwelling, what percent of his/her income does owner pay?
For hobby kennels: Humane Society License #:
Number of mature dogs:Number of puppies:
ONE TIME DIVISION
GENERAL INFORMATION:
Size of proposed parcel #1 in acres or square feet:
Size of proposed parcel #2 in acres or square feet:
Has the subject property been divided or changed configuration since January 1, 1985? If yes
, please explain:
PROPERTY BOUNDARY ADJUSTMENT
page 1.
GENERAL INFORMATION:
SITE INFORMATION Property #2:
Location: Quarter: Section:
Subdivision Name:
Site Address:
The property information for property #1 is contained on
Township:Total Acres:
Block:
Range:
Lot:
City:
Area of City Impact:
-'-
Tax Parcel Number(s):Zoning:
OWNER PROPERTY #2:I consent to this application and allow Development Services
staff to enter the property for related site inspections.
Name:
Address:
City:
Telephone:
Email:
State:
Fax:
Zip:
Signature: (Owner #2)Date
PRIVATE ROAD
GENERAL INFORMA nON:
Who will own the private road?
What is the proposed length of the road (in feet)?
How many existing dwellings will use the road?
Who will maintain the private road?
Proposed Road Name
How many properties will use the road?
SIGN
EXiSTING AND PROPOSED SIGN 1RFoRMATION:
Proposed
SIGN #1 Off premise On premise Existing
Type of Sign: Freestanding Wall Ground Monument
Sign Dimensions: Length Width Square Feet
Percentage of sign area that is animated:Type of Illumination
SIGN #2 Off premise On premise Existing
Type of Sign: Freestanding Wall Ground Monument
Sign Dimensions: Length Width Square Feet
Percentage of sign area that is animated:Type of Il1umination:
SIGN #3 Off premise On premise Existing
Type of Sign.: Freestanding Wall Ground Monument
Sign. Dimensions: Length Width Square Feet
Percentage of sign area that is animated:Type of Illumination:
Proposed
Proposed
TEMPORARY USE
GENERAL INFORMATION: (ANSWER AS APPLICABLE)
Proposed use(s):
Total square feet of use:
Total square feet of structures:
Number of parking spaces:
Number and frequency of patrons:
Dates of operation (I-year maximum):
Proposed structure(s):
Number of employees:
Number and frequency of deliveries:
Days of week and hours of operation:
HILLSIDE
GENERAL INFORMATION:
Preliminary grading plan. (8-3H-3B)
Engineering hydrology report. (8-3H-3D)
Soils Engineering report. (8-3H-3E)
Slope stabilization and re-vegetation plan. (8-3H-3C)
Visual impact report. (8-3H-3D)
Engineering Geology Report. (8-3H-3F)
FARM DEVELOPMENT RIGHT
GENERAL INFORMATION:
Size of proposed parcel in acres: Size of proposed parcel in square feet:
If greater than .75 acres (32,670 square feet), what physical feature of the property warrants the increased size?
FLOODPLAIN
Once you submit this application, the COtmty Engineer will detennine the pertinent floodplahrmfonnation, and you will receive a copy
of this page along with your building permit. If elevation certificates are required as a condition of approval, you must contact a
surveyor or engineer to complete the rust elevation certificate prior to having the Building Division conduct any inspections on the
property. You will not be able to schedule your final inspection with the Building Division until you submit the second elevation
certificate to verify the constructed elevation of the structure.
CONDmONS OF APPROVAL:
OFFICE USE ONLY
File No.I Received By:Date:I Fee:
Building pennit #:Zoning certificate #:
I DO-year flood elevation:Lowest floor elevation:
Basement elevation:Flood proofed elevation:
Watercourse:Zone:I Panel:
County Engineer Date Development Services Director Date
Site Information for Kastera Home s Floodplain Application:
..;
Parcel No.Prime Use Description Zonine.Acres
NW4SW4 SEC 27NE4NE4
S0227320000 Agriculture SEC 28 SE4 SEC 28 5N IE 240.
PAR #0610 OF W2 NE4
S0228120610 Agriculture SEC 28 5N IE 80.
S0228244300 Agriculture GOVT LOT 1 SEC 28 5N IE 40.
PAR #3600 OF SW4 NW4 &
N2 SW4 SEC 28 5N IE
S0228233600 Agriculture PARCEL B RlS 4595 IN 119.
PAR #0058 OF LOT 5 BLK
1 STILLWELL ESTATES #1
R8163150058 Agriculture #99107504
N2 OF NW4NE4 SEC 33 5N
S0233120700 Agriculture IE # 120600-RUT 20.
S0227336200 Agriculture SW4SW4 SEC 27 5N IE 40.
PAR #2458 OF N2NW4 SEC
34 5N IE #212445-
S0234212458 Agriculture #96082855 RUT 78.
PAR #3600 OF S2NW4 SEC
34 5N IE #240000-
S0234233600 Agriculture 233605-RUT 39.50
PAR #0604 OF LOT 12 BLK
1 TRIPLE RIDGE ESTATES
R8528640604 Bare Land SUB #0602-B #96096024 RUT
PAR #0651 OF LOT 13 BLK
1 TRIPLE RIDGE ESTATES
R8528640651 Bare Land SUB #0650-S #96084696 RUT
660.
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ADA COUHrY RECORDER J. DAVID NAVARRO AMOUHT 18.00
BOISE IDAHO DlnOJO6 D2:U PM
DEPUtY I~nl' Obwblllll In \1 I\IUlH""'\ I111n1Bm\\1 11"
~fn~~Wlle REQUeST Of 105111526
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MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT is made this
ay of August,
2005 by Legacy Investments, ILC and Legacy Hills Development LLC, both Idaho
limited liability corporations. Legacy Investments and Legacy Development are
sometimes referred to hereinafter as a "Party" or "Parties
WITNESSETH:
1. Subdivision Development and Purchase and Sale Agreement. On
August 1!i.~OOS the Parties entered into a "Subdivision Development and Purchase
and Sale Agreement" (the "Agreement") in regard to the development and sale of certain
real property lying and situate in Ada County, Idaho and more particularly descn"bed on
the attached Exhibit ", which Exhibit "'A" is incorporated herein by this reference (the
Property").
,..-.
2. Grant of Development Rights and Option to Purchase. Under the
terms of the Agreement Legacy Investments, LLC granted and conveyed to Legacy Hills
Development LLC all rights to develop the Property into residential or other mixed use
lots, tracts, parcels or subdivisions and the right and option to purchase aU or a portion of
the Property under the terms and conditions set forth therein. The Agreement contains
further teID1s, covenants and conditions regarding the construction of improvements
upon, and development of, the Property. The performance of Legacy Investments, LLC
of the terms of the Agreement is secured by a deed of trust upon the Property.
IN WITNESS WHEREOF, the Parties have executed this Memorandum as of
the day and year first set forth above.
DEVELOPER:
LEGACY HILLS DEVELOPMENT LLC
BY: '2~
PRINTED: "-,4 rz. U~"ti
OWNER:
LEGACY INVESTMENTS, LLC
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County of A cl...
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State ofIdaho
On this
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day of
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10 in the year 2005 before me, a Notary Public in
and for said state, personally appeared Var Reeve, known or identified to me to be a
Member in the Limited Liability Company known as Legacy mns Development, LLC.
who executed the foregoing instrument., and acknowledged to me that he executed the
same in said LLC name.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.tll""""',f.
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Notary Public for the State ofIdaho
Residing at: ~ I s..o.
Commission Expires: 1... 3D
State ofIdaho
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County of t9- -k..
On this
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day of 4~, c- ~ J- in the year 2005 before me, a Notary Public in
and for said state, personally appeared Greg~~)1sen, known or identified to me to be the
Managing Member in the Limited Liability Company known as Legacy Investments,
LtC, who executed the foregoing instrument, and acknowledged to me that he executed
the same in said LLC name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.,""'I"'"
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Notary Public for the State of Idaho
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Order No.: SOOO4232S0AK
LEGAL DESCR1P'l10N
EXHIBIT' A'
Parcel I:
.",
Section 34, Southeast Quarter Northw(!St Quarter in Township 5 North, Range 1 East of the
Boise Meridian, Ada County, Idaho.
AND
A parcel of land located in the Southwest Quarter of the Northwest Quarter of Section 34,
Township 5 North, Range 1 East of th'e Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
Commelu~ing at the We.'It Quarter corner of Section 34, Township 5 North, Range 1 East,
Boise Meridian; thence
North 0010' 15" East 1334.1Z feet to the Northwest corner of the Southwest Quarter of the
Northwest Quarter of said Section 34; thence
North 89051'41" East 661.63 feet along the North Une ofsaid Southwest Quarter of the
Northwest Quarter to the REAL POINT OF BEGINNING orthls description;
thence continuing
North 89051'41" East 656.04 feet to tbe Northeast comer of said Southwest Quarter of the
Northwest Quarter; thence
Soutb 0009'52" West 498.47 feet along the East line of said Southwest Quarter of the
Northeast Quarter to a point; thence
North 41000'00" West J 19.06 feet to a point; tllen~e
South 49000'00" West 50.00 feet to a point; thence
North 41000'00" West 303.50 feet to a polDt; thence
North 5801.0'00" West 401.35 feet to the REAL POINT OF BEGINNING oftbis description.
AND
A parcel of land located in Lot 12, Block I, Triple Ridge Estates, in the Southwest Quarter
oUhe Northwest Quarter of Section 34, Township 5 North, Range 1 East of the Boise
Meridian, In Ada County. Idaho, being the 25.00 feet adjacent to and Westerly of tbe lot
Doe common to Lots 12 and 13, Block 1 of Triple RIdge Estates, more particularly described
as follows:
Commencing at the West Quarter corner of Section 34; Township 5 North, Range 1 East,
Boise Meridian; thence
North 60000'39" East 1386.44 feet to the point on the line common to said Lots 12 aud 13
and also common to the Northeastern extent of East Trinity Court as shown on the
official plat oc Triple Ridge Estate" the REAL POINT OF BEGINNING; thence
along the lot line- commou to Lots 12 and 13. Block 1, Triple Ridge Estates on a
curve to the left 247.93 feet, said curve having a radius of 150.00 feet. a central angle
of 94042.'14", tangents of 161.85 feet and a chord 01220.66 feet which bears
North 06021 '07" East to a point: thence
Dce4 ofTlUSt B-aB-aS
,,--,'-- -
South 49000'00" West 25.00 feet to a point; thence along a curve to the right 202.37 feet,
said curve haviug a radius of 125.00 feet, a central angle of 92045'40", tangents of
131.17 feet and a chord of1S0.98 feet which bears
South 05022'50" West to a p01nt; thence
Soutb 26042'07" East 25.43 feet to tbe REAL POINT OF BEGINNING.
AND
A parcel of land located in Lot 13, Block 1, Triple Ridge Estates, in the Southwest Quarter
of the Nortlnyest Quarter of Section 34, Township 5 North, Range 1 East oftbe Boise
Meriman, in Ada County. Idaho, being the 15.00 feet adjacent to and Easterly of the lot One
common to Lots 12 and 13, Block 1 or Triple lUdge Estates, more particularly described as
follows:
Commencing at the West Quarter corner of Section 34, Townsl1ip 5 North, Range 1 East,
Boise Meridian; thence
North 60000'39" East 1386.44 feet to the point on the line common to said Lots 12 and 13
and also common to the Northeastern. extend of East TrlnJty Court as showu on the
official Plat of Triple Ridge Estates, the REAL POINT OF BEGINNING; thence
along the lot Une common to Lots 12 and 13, Block 1, Triple Ridge Estates, on a
curve to the left 247.93 feet, said ~urve having a radius of 150 feet, a central angle of
94O42'14"tangents of 162.85 feet and a chord of220.66 feet which bears
North 06021'07" East to a point; thence
North 49000'00" East 25.00 feet to a point; thence along a urve to the right 293.47 feet, sajd
curve baving a radius of 175.00 feet:. a central angle of 96005'05", tangents of
194.65 feet and a cbord of 260.27 feet which bears
Soutb 07001'33" West to a point. thence
North 26042'07" West 25.30 feet to the REAL POINT OF BEGINNING.
SAVE and EXCEPT from tbe above described Parcel I:
A parcel of land more particularly described as follows:
-.-
Commencing at the West Quarter corner of Section 34, Township 5 North, Range 1 East,
Bojse Meridian, tbence
South 8~53'19" East 1319.80 feet to the Southwest corner of the Sontheast Quarter of the
Northwest Quarter of said Section 34, the REAL POINT OF BEGINNING ortbls
descripdon; thence
Nortb 0009'52" East 841.41 feet along the West Une of said Southeast Quarter of the
Northwest Quarter to a point; thence
South 41000'00" East 379.81 feet to a point; thence
South 0009'52" West 555.25 feet to a point on the South line of said Southeast Quarter
the Northwest Quarter; thence
North 89053'19" West 250.00 feet to the HEAL POINT OF BEGINNING of this description.
Parcel ll:
The North Half of the Northwest Quarter In Section 34, Township 5 North, Range J East,
Boisc Meridian, Ada County, Idaho.
Deed ofTrustS.Q8-oS
"-.-----
Except a parcel of1and located in the 'Northwest Quarter of the Northwest
Quarter of
Section 34, Township 5 Nortb, Range 1 East, Boise Meridian, Ada County, Idaho, being
more particularly described as follows:
Commencing at the West Quarter corner of Section 34, Township 5 North, Range 1 East,
'Boise Meridian; thence
North 0010'15" East II distance of 1334.12 feet to the So\lthwest corner of the Northwest
Quarter of tile Northwest Quarter of said Section 34, the REAL POINT OF
'BEGINNING of this description; thence
North 0010'15" E9.st 9. distance of 210.00 feet along the West Une of said Northwest Quarter
of the Nortbwest Quarter to a point, thence
South 77043'00" East a distance of 511.13 feet to a point; thence
South 58010'00" East a distance of 189.83 feet to a point on the South line of said Southwest
Quarter oUbe Northwest Quarter; thence
South 89051 '41" West II distance of 661.63 fcet to the REAL POINT OF BEGINNING of
this description, all lying in Sedion 34, Township 5 North, Range 1 East of the Boise
Meridian, A.da County, Idaho.
Parcel (0:
Nortl.east QnaJ1er of tbe Northeast Quarter and the Southeast Quarter of Section 28;
a)so
the Northwest Quarter of the Southwest Quarter of Section 27, all in Township 5 North,
Range 1 East, Boise Meridian, Ada County, Idaho.
Parce11V:
North HMf Northwest Quarter Northeast Quarter of Section 33, Township 5 North, Range
1 East, Boise Meridian, Ada County, Idaho.
Parcel V:
A parcel of land shown as Parcel B, of Record of Survey No. 4595 for Brad Little, situated
in Lots 5 and 6 of Block 1 of Stillwell Estates No.1 Subdivision as recorded ln Book 33 of
Plats at Page(s) 2040 and 2041, Records of Ada County, and a portion ortbe West Ball of
Sectioll 28 and the Northeast Quarter of the Southeast Quarter of Section 29, Township 5
North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described
as follows:
Beglnning at a brass cap monument marking the Center Quarter corner of saJd Section 28;
thence along the East Jlne of the Northeast Quarter of the Southwest Quarter of said Section
South OOCt40' 18" East a distance of 1335.60 feet to II 5/8 Inch rebar marking the Southeast
corner Dftke said Northeast Quarter oftbe Southwest Quarter; thence along the
Soutb liue of the North Half of tbe said Southwest Quarter
Soutb 89"02'10" West a distance of2655.50 feet to a 5/8 inch rebar; thence
Deed ofTrusI 8.08~$
"-..-'--
South 00038'08" East a distance of 126.17 feet to a half Inch rebar marking the
Southeasterly corner of said Lot 5 from which a brass ap marking the Southwest
comer of said Section 18 bears
Soutb 00038'08" East a distance of 1339.83 feet; thence
North 79038'05" West a distance of 585.43 feet to a half inch rebar marking the Southwest
corner of said Lot 5; thence along the W csterly
Une of said Lot 5
North 14021 '06" East a distance of 236.72 feet to a half inch rebar; thence leaving said
Westerly line Soutb 65038'54" East a distance of 152.39 feet to a 5/8 inch rebar;
tbence
South 72024'54" East a distance of 63.63 feet to a 5/8 inch rebar; thence
South 85056'55" East a distance of 63.63 feet to a 5/8 inch rebar; thence
North 80031'05" East a distance of 63.63 feet to a 5/8 inch rebar; thence
North 74036'06" East a distance of341.36 feet to a 5/8 inch rebar, thence
North 00033'42" West a distance of 678.19 feet to a Y: inch lobar; thence
South 89034' 15" West a distance of 180.31 feet to a % inch rebar; tbence
North 00037'18" West a distance of 553.56 feet to a 5/8 incb rebar; thence
North 00035'41" West a distance of 161.80 feet to a Vz bleb rebar; thence
North 00049'37" West a distance of 1176.70 feet to a 5/8 inch rebar on the North line of the
Southwest Quarter of the Northwest Quarter of said Section 28; thence along said
North line
North 89013'38" East a distance of 1327.65 feet to a brass cap marking the Northwest 1/16
corner of said Section 28; thence leaving said North line aod along the East Une of
t1\e said Southwest Quarter ofthe Northwest Quarter
Soutb 00042'33" East a distance of 1337.43 feet to a brass cap marking the West 1/16 corner
of said Section 28; thence leaving the said East line and along the North line of the
said Nortb Half of the Southwest Quarter
North 89006'58" East a distance of 1328.12 feet to the POINT OF BEGINNING.
Parcel VI:
Lot 1 of Section 28, Township 5 North, Range 1 East, Boise MerIdian, Ada County, Idaho.
Parcel VII;
The West Half of the Northeast Quarter in Section 28, Township 5 North, Range 1 East
Boise Meridian, Ada County, Idaho.
Parcel VIll:
Southwest Quarter Southwest Quarter of Section 27, Township S North, Range 1 East,
Boise Meridian, Ada County, Idaho.
Deed ofTrust 8.08-05
5 TM
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C'TY, STATE
PROJECT:
,/j""aA \\I\L /O(yA1
'lE NAME~ftdj $pic
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FILE
5. OTHER:September 26, 2006
Sid Anderson
Ada County Development Services
200 W. Front Street
Boise, Idaho 83702
Dear Mr. Anderson:
As stated early this year, 2006, Kastera Homes agreed to re-vegetation of the
OlsenlTrailhead property north of Eagle, Idaho in Ada County. To begin this process we
requested a re-vegetation plan be completed by Mr. Rodney Evans, a Landscape
Architect with Pinnacle Engineers, Inc. (please attached plan).
Once Kastera Homes received Pinnacle s re-vegetation plan we consulted with Dan
Ritchie, Landscape Architect and owner of The Lawn Company to implement Pinnacle
recommendations. After reviewing Pinnacle s proposal, Mr. Ritchie recommended we
move forward with the re-vegetation without any additional disturbance of the property
with re-grading (please attached letter).
Moving forward, we agreed with Mr. Ritchie s recommendations and on September 25,
2006, signed a contract agreement to have The Lawn Company begin the re-vegetation
the fIrst week of November (please see attached signed agreement).
We look forward to any comments you may have and continuing our growing partnership
with Ada County.
Respectfully,
( /"'-"
Thomas F~mo,
Project Manager
372 S. Eaqle Road, Suite 375, Eaqle, Idaho 83616 Tel: [phone] Fax: [phone] www.Kastera.com
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2~)81 WiirJwood . lbrSE - icbh,J 8'17! ~j
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September 12, 2006
Kastera Homes
Thomas Fassino
372 S. Eagle Rd, Ste. 375
Eagle, Idaho 83616
D~ar Thomas.
We revisited the site, and after reviewing the current conditions, I would
recommend that we seed all disturbed areas that have less than 40% vegetative
cover, and do no further grading at this time.
As a Landscape Architect I feel that further grading will likely cause more
concern with the neighbors and a!so be a lengthy permit process.
If we seed the site with the current specs, I feel that the neighbors will see the
green mulch on the disturbed areas and be satisfied that Kastara Homes has
fulfilled their obligation.
The cost per acre will be $2.300.00. If you have any questions please feel free
to call me at 323-0234.
Sincerely,
Dan Ritchie
The Lawn Company
Lawn Mainter'ance . Landscape Arcl11teclurc & COtJ'3truCII(
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Contractor Agreement
2'181 v'-/ilci-.'mcci' Bolse,lela!!G 8:,"71~;
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This Agreement made the 22ND day of September 20
by and between The Lawn Company I hereinafter called the Contractor
and Kastera Homes I herein after called the Owner.
WITNESSETH that the Contractor and the Owner for the considerations named agree as follows:
Article 1. Scope of the Work
The Contractor shall furnish all the materials and perform all of the work shown on the Drawings and/or
described in the Specifications entitled Exhibit A, as annexed hereto as it pertains to work to be performed
on property at Trail Head Community
Article 2. Time of Completion
The work to be performed under this Contract shall be commenced on or before NaV 1 I 20~1
and shall be substantially completed on or before NaV 15 20j!L Time is of
the essence. The following constitutes substantial completion of work pursuant to this proposal and
contract: (Specify)
Article 3. The Contract Price
The Owner shall pay the Contractor for the material and labor to be performed under the Contract the sum
of Two thousand Three hundred acre Dollars ($ 300.00 acre , subject to
additions and deductions pursuant to authorized change orders.
Article 4. Progress Payments
Payments of the Contract Price shall be paid in the manner following: (Specify)
Completion of work
Lawn Maintenance. Landscape A,:cllltoctllW & c,:i\1s ul.tlon :-,!dro~.ef:ri ~q. Il igallo
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Article 5. General Provisions
Any alteration or deviation from the above specifications, including but not limited to any such alteration or
deviation involving additional material and/or labor costs, will be executed only upon a written order for
same, signed by Owner and Contractor, and if there is any charge for such alteration or deviation , the
additional charge will be added to the contract price of this Contract.
If payment is not made when due, Contractor may suspend work on the job until such time as all payments
due have been made. A failure to make payment for a period in excess of Thirtv days
from the due date of the payment shall be deemed a material breach of this Contract.
In addition, the following general provisions apply:
1. All work shall be completed in a workmanlike manner and in compliance with all building codes and
other applicable laws.
2. The Contractor shall fumish a plan and scale drawing showing the shape , size dimensions, and
construction and equipment specifications for home improvements, a description of the work to be
done and description of the materials to be used and the equipment to be used or installed, and the
agreed consideration for the work.
3. To the extent required by law all work shall be performed by individuals duly licensed and
authorized by law to perform said work.
4. Contractor may at its discretions engage subcontractors to perform work hereunder, provided
Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper
completion of this Contract.
5. Contractor shall furnish Owner appropriate releases or waivers of lien for all work preformed or
materials provided at the time the next periodic payment shall be due.
6. All change orders shall be in writing and signed both by Owner and Contractor, and shall be
incorporated in, and become a part of the Contract.
7. Owner shall at its own expense obtain all permits necessary for the work to be performed.
8. In the event Owner shall fail to pay any periodic or installment payment due hereunder, Contractor
may cease work without breach pending payment or resolution of any dispute.
9. Contractor shall not be liable for any delay due to circumstances beyond its control including
strikes, casualty or general unavailability of materials.
Lawn Maintenance. Landscape Arcl11tecture & Con strucHon . HycjrosrJod!ng . Ir 9allc1l1
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2:;81 WiidwomJ. L~(,;I~""- 1:I"h", fr37L
323,02:3,1 .1~)'H):),\i) F:
www tlH'I;lwn,~n:'10,1!1V net
l null: ii,WI1CO"" Q'.'.('Sl.nn
Article 6. Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold
harmless Kastera Homes and its agents and employees, from and against
claims, damages, losses and expenses, including by not limited to attorney s fees, arising out of or resulting
from performance of the work or providing of materials to the extent caused in whole or in part by negligent
or wrongful acts or omissions of, or a breach of this agreement by, the Contractor , a subcontractor, anyone
directly, or indirectly employed by them or anyone whose acts they are legally responsible for,
Article 7. Insurance
The Contractor represents that it has purchased and agrees that it will keep in force for the duration of the
performance of the work or for such longer term as may be required by this agreement, in a company or
companies lawfully authorized to do business, in the States of Idaho such insurance as will
protect owner from claims for loss or injury, which might arise out of or result from the Contractor
operations under this project, whether such operations be by the Contractor of by a subcontractor or its sub.
contractors.
The Contractor represents and agrees that said insurance is written for and shall be maintained in an
amount not less than the limits of the liability specified below or required by law, whichever coverage is
greater. The Contractor certifies that coverage written on a "claims make" form will be maintained without
inteITUption from the commencement of work until the expiration of all applicable statutes of limitation.
1) Workers' Compensation:Libertv Northwest
Dollars 1$
2) Comprehensive General Liability with limits of not less than 2 million CNA Insurance
Dollars ($each occurrence.
3) Comprehensive Automobile Liability (owned , nonowned, hired) of 1 Million CNA Insurance
Dollars ($each accident.
Article 8. Additional Terms
-_._----,--
Lawn Maintenance ~ Landscape Arch:tecture & Con5Iruc~;;~ . Hydroso';dl l~! .l;;gall0l1
~~N
-------
2581 Wildwood. BOISE;- Idiiho H:';'i '.!
123-0234' 3::':1-02.;11 Fax
'n'NW tl...;.lawncC\nlIJ;'Hl'j "')1
Enl"lil l:!I!CO,c-T::c,;;"PCI
Name and Registration No, of any Salesperson who solicited or negotiated this contract: Dan Ritchie
Signed this day of 20
Witness:
Witness:
Nome DfOwne,: ~ttS 'tJ.O ~"sfv.4.
Signature of Owne
or Owner s Agent:: VJ
Name of Contractor:
\.-~N Co M l?A:N
l\Il..;e
Signature of Contractor
~ ~
fI
Or Contractor s Agent:: ..:.-J
""--
Street Address:-z.~~\~lSLCity/State/Zip:
Telephone No,20~
Contractor s State \2.L.-tC.,4UBLicense No,
'W lUO ~Oc:;)D
e 3'l(;'
-:'Z-3,e;:. 2-
Lawn Malfllcl1anco . 1_8~'clsciJO0 fHchi:ectllfc, & Co'lstnJCllol1 :Hv~'i:;-;:;r'eci;r'Cj . Irr:~!ailOn
ADA COUNTY-..- '-- -
DEVELOPMENT SERVICES
PREAPPLICA TION CONFERENCE NOTES
Mail To:FAASSINO THOMAS
1952 WILD CREEK WAY
BOISE, ID 83709-0000
PREAPPLICATION # 200500082
Meeting Date
09/08/2005
Status
Active
Assigned Date
9/6/2005
Received Date
8/26/2005
Applicant Name
F AASSINO THOMAS
Staff
WILSON MICHAEL D
OLSON CARLA L
Proposed Development
REZONE
No. of Units/Lots
Parcels
S0228120610
S0228244300
S0228233600
R8163150058
80233120700
80227336200
S0234212458
S0234233600
R8528640604
R8528640651
S0227320000
T/R/S/O
5N/IE/20/A
Propertv Location
NORTH OF EAGLE
UniQue Features
FOOTHILLS
Sewer/Septic Sewer/Septic Description
Water/Well WaterIWell Description
200 W. FRO:"lT STREET
BOISE. IDAHO 83702-7300
PHONE [phone]
I Closed Date
Total Acres
660,075
Existinl! Zone
RUT
Proposed Zone
Area of Impact
~ Ada County Boise Meridian Eagle 0 Kuna Star
Comp Plan Description ADA CO,AG/RURAL"; EAGLE-RES. RURAL (lDU/5 ACRES)
Garden City
09/08/2005 Page 1 of 3
ADA COUNTY'-- ~
DEVELOPMENT SERVICES
PREAPPLICA TION CONFERENCE NOTES
200 W. FRONT STREET
BOISE. IDAHO 83702-7300
PHONE [phone]
Airport Influence (Article 8-3AI
Overlay Districts:
0 Area A Area B
Area Description
0 Area B-Area C 0 Runway Approach
Boise River (Article 8-3G)
Greenway Description
(Article 8-3H)
~ 15% Slope
Description
Adverse ConditionsHillside
Flood Hazard (Article 8-3Fj
FLood Way Foothill
D AE Zone D AO ZONE
Flood Plain
D LOMA D LOMR Zone Unnumbered
Flood Hazard Description
Southwest (Article 8-3C1
Southwest
Description
Wildland (Article 8-381
~ Wildland-Urban Fire Description
~ Ada County Highway
ADA COUNTY HIGHWAY DISTRlCT/ PLANNING DEPT. [phone]
Central Health District
CENTRAL DISTRICT HEALTH [phone]
Fire District
EAGLE FIRE DISTRlCT [phone]. NOT ALL OF THE PARCELS ARE LOCATED IN A FIRE DISTRICT.
Irrigation District
CAPITOL VIEW IRRIGATION DISTRICT (ONLY PARCEL #R852864065 1 AND #R8528640604).
~ Idaho Power
IDAHO POWER
ReQuired Application(s)
ZONING ORDINANCE MAP AMENDMENT
cross-Ref Description
M..,nn'ftnn-
ADA COUNTY
'-- -
DEVELOPMENT SERVICES
PREAPPLICA TION CONFERENCE NOTES
200 W. FRONT STREET
BOISE. IDAHO 83702-7300
PHONE [phone]
Notes
Considering a standard subdivision. non-farm subdivision, or a planned community
The regulations for a nonfarm subdivision is set forth in Sec. 8-2A-6 of the
Ada County Code.
Regulations for a subdivision are set forth in Title 8, Chapter 6 of the A.c.c.
A portion of the subject property is located in the City of Eagle Area of City
Impact.
Only those areas outside of the area of city impact would be considered as pa11
of a nonfarm subdivision.
To apply for a nonfarm subdivision the property must be within the RR District
and contain 20 acres of continuous land.
A planned community must contain 640 acres and be located outside of an existing
area of city impact.
Staffrecommends the applicant submit a development application along with the
proposed rezone application.
In accordance with Sec. 8-2B-l C and 8-2B-lD of the A.c.C. the property must be
served by municipal wastewater collection and treatment system and community
community water system in order to rezone the property to an urban base dist.
Nonfarm subdivisions with 10 or more lots must have a community well.
Nonfarm subdivisions must have a community sewage disposal system.
In order to rezone to the RR District, the property must be annexed into a fire
district.
Regulations for a planned community are set forth in Article 8-2E of the A.c.c.
Additional PreApp Conference
Required
Neie:hborhood Meetine: ReQuired?Yes
OQ/nsV?OO~
p""""
'1 nf'1
,- .,--.
Exhibit A
TaxNumberOwned By Parcel No.Prime Use Description Zoning Tax Code Acres Value
P15 Highland Livestock
S0227320
NW4SW4 SEC 27 NE4NE4 SEC 28
& Land Company Agriculture SE4 SEC 28 5N IE 333 240.11,100dt-Little Enterprises PAR #0610 OF W2 NE4 SEC 28 5N
Limited Partnership S022812061O Agriculture 333 80.700Highland Livestock
S0228244to""'o& Land Company Agriculture GOVT LOT 1 SEC 28 5N IE 333 40.800
OFlSW4 NW4 & N2 SW4
Little Enterprises SEC 28 5N IE PARCH Q Rig 159~
Limited Partnership S0228233600 Agriculture 1M'-270 119.400
() e.c.. ~ '1.JU R tlO9~8 OF LOT 5 BLK 1
Little Enterprises l E-STILLWELL ESTATES #1
Limited Partnership R8163150058 Agriculture #99107504 ~or .270 100Highland Livestock N2 OF NW4NE4 SEC 33 5N IE
& Land Company S0233120700 Agriculture RUT 270 20.900Highland Livestock
& Land Company S0227336200 Agriculture SW4SW4 SEC 27 5N IE 333 40.800
Little Enterprises VI N2NW4 SEC 34 5N I
Limited Partnership S0234212458 Agriculture .. n RUT 270 78.600
Little Enterprises P/dU:1OO6&S2NW4 SEC 34 5N
Limited Partnership S0234233600 Agriculture IE ~4QQQQ B 2JJ(iQ~ B RUT 270 39.50 800
~~'
PAR #0604 OF LOT 12 BLK I
Little Enterprises
~JJz8Jo~TRIPLE RIDGE ESTATES SUB
Limited Partnership Bare Land #0602-B #96096024 RUT 270 200
,~(..~
PAR #0651 OF LOT 13 BLK 1
Little Enterprises Sf..) I ~TRIPLE RIDGE ESTATES SUB
Limited Partnership R8528640651 Bare Land #0650-S #96084696 RUT 270 200
TotaI 660.600
Fire District
Status
6-BE4'-L
D(s S:c- ~ J-
'-...
eighborhooaMeeting Certification
ADA COUNTY DEVELOPMENT SERVICFS, 200 W Front Street, Boise, Idaho 83702 www.adaweb.net I [phone]
GENERAL INFORMATION:
You must conduct a neighborhood meeting prior to application for variance, conditional use, zoning ordinance map
amendment, expansion or extension of a nonconforming use, and/or a subdivision. Please see Section 8-7 A-3 of the Ada
County Code or ask one of our planners for more infonnation on neighborhood meetings.
You may request a list of the people you need to invite to the neighborhood meeting from our department. This list
includes property owners within *300 feet of the subject property and may include neighborhood association
representative(s), should your project fall within an association s boundaries. Once you have held your neighborhood
meeting, please complete this certification form and include it with your application.
Please Note: The neighborhood meeting must be conducted in one location for attendance by all neighboring
residents. Contacting and/or meeting individually with residents does not comply with the neighborhood meeting
requirements.
"'Please see the Ada County Code for a list of uses requiring notification to property owners witllln 1 000 feet.
Description of proposed project:
Date and time of neighborhood meeting:
Location of neighborhood meeting:
SITE INFORMATION:
Location: Quarter:
Subdivision Name:
Section:Township:Range:
Lot:
Total Acres:
Block:
Site Address:Tax Parcel Number(s):
APPLICANT:
Name:
Address:
City:
Telephone:
State:
Fax:
Zip:
I certify that a neighborhood meeting was conducted at the time and location
noted on this fonn and in accord with Section 8-7A-3 of the Ada County
Code.
Signature: (Applicant)Date
Off~E ~E o~ v
Received By: Date: Stamped:
00\l'TT1)1"",.... OJ ~""'fThrn'Olft""- r "..__'"rornunAouAAn .rrn"'"~:""""""M"""- ft_:"'~"':- "ftft
I File No.
0 """'oe
Attachment No.
United Water Correspondence
KASTERA LLC'S RESPONSE TO CITY OF EAGLE'S FIRST PRODUCTION
REQUESTS
February 20, 2007
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-06-
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 an
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.
Respectfully,
Thomas Fassino
Project 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
Wyatt, Grev
From:
Sent:
To:
Cc:
Subject:
Wyatt, Greg
Friday, July 21, 20064:34 PM
Ben Forrey
Joe Miller'
RE: Status of Kastera Homes' request to the Idaho PUC.
Mr. Forrey:
Since I have not yet received a letter from you as promised in your amail below, I find I must inquire as to the status of your
intentions regarding water service to Kastera s J"railhead development. As you know, at Kasters s request, United Water
Idaho filed a request with the Idaho Public Utilities Commission (PUC) for an expansion of our service territory to include
the Trailhead project. Subsequently, the City of Eagle intervened in that proceeding because they indicated Kastera was
seeking annexation into the City of Eagle and that the City would be providing Kastera s water service needs. Additionally,
in follow-up phone conversations with Wayne Forrey. 1 was assured that Kastera wished water service from United Water.
Two days ago, after again talking with Wayne, I received a copy of the draft MOU that Kastera presented to the City of
Eagle on July 14, in which it appears that Kastera still has some interest in receiving service from Eagle. At no time did
Wayne mention anything about the MOU. I would like to reiterate that United Water is very interested in providing water
service to your Trailhead project and we stand ready to proceed immediately upon your request. However, if Kastera
does
not wish to receive water service from United Water, I would appreciate receiving a communication to that effect.
If your
intention is to move forward with United Water, please say so and we will expedite your request. If your intention is to
proceed with water service from Eagle, please let me know. If the latter is your intention, please be advised that United
Water will be seeking reimbursement from Kastera for aU costs and expenses incurred in our service territory filing and
proceedings before the PUC in this matter.
Sincerely,
Greg Wyatt
General Manager
United Water Idaho
phone: [phone]
fax: [phone]
grea. wvatttmunitedwater.com
--Original Message----
From: Ben Forrey (mailto:ben forreY(Q)kastera,com)
Sent: Wednesday, July 19, 2006 1:11 PM
To: Wyatt, Greg
Cc: Wayne Forrey
Subject: Status of Kastera Homes' request to the Idaho PUC.
Mr. Greg Wyatt:
Greetings. My name is Ben Forrey with Kastera Homes in Boise. 1 am writing to introduce myself to you as the project
manager for Kastera s Trailhead development located in the foothills north of the City of Eagle. I understand you
spoke with my father Wayne Forrey this morning, and he discussed his intentions to provide a letter to you this
afternoon. After his conversation with you , Wayne was obligated to attend several prior commitments, and was not
able to draft a letter as previously discussed. We are currently working on a draft however
, and we expect to provide
you with a copy of our remarks within 1-2 days. Thank you for your concern and interest as we strive to create a
world-class development in the foothills. Please feel free to contact me with any questions, and I look forward to
working with you in the future.
Respectfully I
Ben Forrey
Welcome Home to Kastera
Tel: [phone] or 800.KASTERA
Fax: [phone]
w1tJuJ I(asfera .com
CC: Wayne Forrey, Kastera Homes
5 "
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 Kcstera Homes and M'f. Gregg Olsen, 1 am writing to formal1y restate our request
fOf 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 immedjate 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 Eagte City officials. No commitments have
been made, (Please see vicinity map for reference.
, -..- """"',"'"
OLSEN
t'Jz~:'i~
PRO_TV t
~:~~.
~~ ~a
~~t~~~~:~~I::~~n :exed
' !''&"~~'(":'
, future...and it may not. However, one thing is certaIn; we
:~""~~
\ need water service immediately and United Water is the
l~~..
~"""'....."" ' ' ,
only water service provider that can meet our time! ~~Aft
~ '
: c
' /,;','/'
J\ schedule. Therefore, we are requesting water service
J, '
' ,
'" ~:, ef'.. from United Water to serve our property outside of the
! .~ ~"";~#-j;~'!
Eagle Area of Impact Boundary.
;;4 ~("V"J I.,!W,~t\I?, "'
" .".~--"-
If you need any additional Information from Kastern Homes
or Gregg Olsen, please let me know. We appreciate your efforts to anticipate growth in the
vaney and implement your plans for water system expansion. Keep up your good work!
Resp~ctfully;
. --:~, \ /:.:-;:"
. m
t. \'n
&. .
Q.
.;'
\....A....P'y~ I-
""'
Wayne S. Forrey, AICP
Director of Planning and Development
.--,----
372$. Eagle RQ,ad. Suite 375, Eagle. Idaho 836t6 Tel: 208A72.0300 Fax; 208.472.0320 www.KASTERA.com
rage lOlL.
Thomas:
Our attomey filed to extend our certificated service area, to include the Trailhead Community project,
t?day: .
there are no protests we should have an order to proceed with the expanded area from the Idaho
Public Utilities
Commission in four to six weeks.
John Lee
Construction Coordinator
United Water Idaho
-----
Original Message-----
From: Rhead, Scott
Sent: Tuesday, April 25, 2006 2:09
To: Lee, John - Boise
Subject: FW: Trailhead Community
FYI...Joe filed this request with PUC today.
-----
Original Message-----
From: Joe Miller (mallto:joe(QImcdevitt-miller .com)
Sent: Tuesday, April 25, 2006 1:57
To: Rhead, Scott
Subject: Fw: Trailhead Community
--- Original Message -----
From: Smith, Kevin
To: ~cdevitt-miller G.Qoi
Sent: Tuesday, April 25, 20061:47 PM
Subject: Trailhead Community
Joe,
Attached is the Trailhead Community Expansion map.
Let me know if you have any questions!
Thanks!
Kevin R. Smith
Geographic Information Systems Specialist
United Water Idaho
208.362.7359
kevin.sm;th~un;tedwater.~Q.m
This communication is confidential and proprietary to United Water and its affiliates and is intended solely for the named addressee(s). (fyou are not
the intended
recipient, you should not copy. disclose or take any action in reliance on this communication.
(fyou have received this communication in error, please notify the
sender by reply e-mail and delete the message and any attached documents.
While we have taken reasonable precautions to ensure that no viruses are present in this E-mail
. the recipient should check this E-mail and its attachments for the
presence of viruses. United Water and its affiliates accept no liability or responsibility for any onward transmission or use
of E-mails and attachments having left the
United Water domain.
httn~'llm~i1 k~o::tp.r::l C'.om/excham!e/wavne forrev/Inbox/Trailhead%20660%20Property
IF...4/20/2007
page 1. 01 1.
This communication is confidential and proprietary to United Water and its affiliates and is intended solely for the named addressee(s). If you are not the intended
recipient. you should not copy. disclose or take any action in reliance on this communication.
If you have received this communication in error, please notify the
sender by reply e-mail and delete the message and any attached documents.
While we have taken reasonable precautions to ensure that no viruses are present in this E-mail, the recipient should check this E-mail and
its attachments for the
presence ofviruses. United Water and its affiliates accept no liability or responsibility for any onward transmission or use of E-mails and attachments having left
the
United Water domain.
h1-M"./I,.,.",,;! hc;1tp,.~ "f\m/py('.hI111!Jf"./w~vne forrevlTnbox/Trailhead%20660%20Propertv/F...4/20/2007
21 February 2006
Mr. John Lee, Construction Coordinator
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 request 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.
Mr. Gregg Olsen is the property owner and Kastera Homes is in the process of acquiring the 660
acre Olsen ranch. 520 acres of the Olsen ranch is within Ada County. The southerly 140 acres
is within the Eagle Area of City Impact boundary. (see vicinity map below.I have the
authority to make this request on behalf of Mr. Olsen.
(N'
:~rm '"
!~
E~~"'=!.,0 EAGLE IMPACf V ,,
--
\ BOUNDARY
" ~.;,~~"
-- 1
~ ~
'l-rf' /J jg -.-1 i~\
. ,:_- (.
'1-IIUJ
...
'-., -'m, , --I
.../ ~.",
I 16 f,;sP~'1v
~~- ~?-,.( ,- - ,+" j ./
,\0
I (
:::::~/ ~
Z BEACON LIGI:!:!ED,' 1 r c,
~?-.. - -:=-
iif~
The initial development concept for this property is a
clustered community including 104 homesites plus an
equestrian center to be developed in accordance with the
non-farm ordinance of Ada County. In the future, there
mayor may not be additional homesites developed,
depending upon ordinance requirements. The
development concept for the land within the Eagle Area of
City Impact is undefined at this time.
I have attached a legal description of this property so you can commence your new service
request process. If you need any additional information from Kastera Homes or Gregg Olsen,
please let me know. Keep up your good work!
Respectfully;
Wayne S. Forrey, AICP
Director of Planning and Entitlements.
Enclosure: Legal Description of the Property