Kuna recommends pause on land annexation requests

Kuna City Council has denied a couple of land annexation requests for medium-density residential development in the past two months citing sewer capacity concerns, and now the city is working to find a solution.

While that is going on, potential developers are still welcome to submit development applications. However, they are encouraged to delay submitting their proposals and requests until a plan is finalized to resolve the sewer system concerns and issues.

The Planning and Zoning Department has been instructed to work with the Public Works Department on areas the city feels will be problematic, said Kuna Mayor Joe Stear.

The current problems seem to be outer-area development and the sewer system’s network of lift stations and pipes.

Essentially, part of the city grew inward, having the sewer plant built further away from where some development was occurring. Lift stations, which pump the waste and wastewater, and the pipes were planned for less dense development.

“The sewer treatment plant is fine,” Stear said. “We have quite a bit of that (capacity) to fill up.”

In addition to pipes being robust enough, the network has to be examined so that “if one lift station fails, there’s another route for that sewage to go.”

“We have to have that looping ability,” Stear said. “Right now we’re bumping up against those capacities. It became concerning so we wanted to make sure we got that figured out before we added anything to the problem.”

The solution is likely the Mason Creek drainage area, Stear said, which is a low spot and good for naturally gravity flow; this would alleviate the need for more pumping. The Mason Creek drainage area hasn’t had sufficient development.

“We’re now faced with what to do about that,” Stear said. “It’s very expensive.”

A third party is conducting a study of Kuna’s sewer system, and it will offer solutions to current concerns the city can pursue.

The city can’t tap into its enterprise funds, because that means overcharging current users for services provided; that fund is meant to keep the system the size that it is. Developers are largely responsible for putting in infrastructure to get the services they need.

“We can’t make the taxpayers pay for that,” Stear said. “Whatever fix recommended through study is certainly doable; I don’t see anything that would make us say there’s a moratorium on (development),” Stear said. “The best way to describe what we’re doing is a pause.”

That does not apply to other utilities and amenities. The city, Stear said, has done a good job of incorporating small to large parks and water resources, from drinking water to pressurized irrigation.

“I think everything we’re doing is moving us in a positive direction,” Stear said. “I think we’re providing what actually makes homes sellable, we’re providing a good market, it’s just making sure our systems are up and good.”

561 single-family homes in Patagonia East are on hold

Westpark Co. was surprised at the Kuna City Council’s initial denial of Patagonia East on Nov. 4. The annexation request included almost 174 acres that would have hosted 561 single-family homes.

Patagonia as a whole was first approved in 2006, and it was always understood the project would be built out over multiple phases. Each would have to be separately annexed and each would have to have its own preliminary plat approved.

Patagonia has been quite successful, said Taylor Merrill, project manager with Westpark Co., which is developing Patagonia.

Current concerns of sewer capacity and flow, specifically for Patagonia, stem from the actual geographic layout of the piping and the capacity of the two lift stations. Patagonia’s developers are not the only ones facing the city’s concerns of sewer capacity and infrastructure, as the city has denied several annexation applications to date.

The entire Patagonia subdivision was designed and intended to use two lift stations — Danskin being one, the other being one constructed by and located in Patagonia. This was decided with previous approval from the city.

To ensure appropriate sewer capacity and flow, developer Greg Johnson offered to upgrade the two systems by constructing two additional pumps, which would receive reimbursement from the city. Patagonia would pay sewer connection fees, among others, to the city per dwelling unit.

While the council initially denied the annexation application, a motion was made after that allows for Patagonia East’s rebuttal to be reheard.

“There’s a solution,” Merrill said. “Kuna needs help and we need Kuna’s help; we’ll join up and figure that out.”

Patagonia representatives are currently working with the city’s engineering department and other stakeholders in coming up with a solution to address sewer capacity and infrastructure concerns, Merrill said. He feels Kuna is growing really fast, but that now public works director Paul Stevens, and other staff members, are “very capable.”

“The administration is doing the best they can with what they have to work with,” Merrill said.

Mixed-use BlackRock Marketplace moves forward

T.J. Angstman, of Angstman Johnson Attorneys and Counselors, is representing the BlackRock Marketplace development in Kuna, which features a mix of residential and commercial development. Angstman has experience in real estate, as well as development, land use and business ventures.

Approximately 40.82 acres of land for the development was annexed into the city Nov. 4. It is planned to consist of approximately 40-60 townhomes, which, Angstman said, will ideally provide some affordable housing for Kuna residents, and retail plats, and possibly some office space. A variety of development, and variety throughout the city, Angstman said, are both important. The Meridian and Deer Flat intersection, a “key corner” to Kuna, is hoped to host a big-name commercial development that is currently in the works and hasn’t been disclosed at this time.

Angstman has also developed projects throughout the Treasure Valley, including Boise and Star. These challenges of infrastructure face every city and developers.

The next step is to submit the preliminary plat proposal. Both the city’s and BlackRock Marketplace’s engineers will work together on finalizing the specifics in the application, so that BlackRock Marketplace will not only meet all the city’s requirements, but also will be within the city’s utility capacities, or expand the infrastructure as needed. Angstman is confident the issue and concerns will be resolved, and for Angstman, they have to be by the summer.

“This is going to take the financial contribution of every developer,” Angstman said. “Developers have to pay their own way; we absolutely have to pay for the impacts from our growth. That’s fair.”

Angstman expressed he feels positively about the project moving forward, and working with the city staff.

“I have found they’re very talented, but overworked, and that they work really hard,” he said. “I’m familiar with all the people involved; they’re able to solve problems like this.”

Angstman was sorry and disappointed to see Johnson’s next phase of Patagonia be denied at that council meeting. The size of the residential subdivision would have been helpful in expanding and constructing the utility systems, including sewer, Angstman said, based on his understanding of what Johnson said at the meeting. Angstman hopes Johnson will try again and ultimately be approved, and that they can work together to help address sewer concerns and construction.

“I’d love to work with Greg, and plan with him, because we can’t solve this without collaboration,” Angstman said. “If we manage right, we can build a great foundation for the future. It’s all our responsibility to work together.”

Some developers are worried that when they bring their annexation request in and it’s denied, that it means there’s an entire year’s wait time before they can come back.

“That’s not the case in these instances,” Stear said. “They can bring those back at any time. We’d like them to come in once these concerns are resolved and have (them do) the advertising and the open meeting processes again.”

This is not the first time Angstman has collaborated to address the need to expand and construct utility infrastructure; this happened to him in 2006, when he was working on a project in Nampa. Angstman said he and several others partnered to found KSE LLC, which  worked to develop that area of Nampa’s sewer system.

“I don’t see how this (in Kuna) can be more challenging than that,” Angstman said.