20070824Bruce Smith Affidavit.pdf

Bruce M. Smith, ISB # 3425
Susan E. Buxton, ISB # 4041
Paul J. Fitzer, ISB #5675
MOORE SMITH BUXTON & TURCKE, CHARTERED
Attorneys at Law
950 West Bannock Street, Suite 520
Boise, Idaho 83702
Telephone: [phone]
Facsimile: [phone]
bms(lymsbtlaw.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
INC., TO AMEND AND REVISE
CERTIFICATE OF CONVENIENCE AND
NECESSITY NO. 143
STATE OF IDAHO
)ss.
County of Ada
Case No. UWI-06-
AFFIDA VIT OF
BRUCE M. SMITH
BRUCE M. SMITH, being first duly sworn upon oath, deposes and says:
I serve as legal counsel for the City of Eagle in the above-captioned matter and I
make this affidavit based upon my own personal knowledge and belief, unless otherwise stated.
Attached are true and correct copies of the following documents:
Ada County Ordinance 623 , dated June 28 , 2006, codified at Ada County
Code 9 9-3; and
AFFIDA VIT OF BRUCE M. SMITH - 1
B. Eagle Comprehensive Plan, dated September 14, 2004 , pages, 7-, 15-
and 54.
Dated thi day of August 2007.
'"'l-
ce M. Smith
ttorney for the City of Eagle
SUBSCRIBED AND SWORN to before me this August 2007.
AFFIDA VIT OF BRUCE M. SMITH - 2
CERTIFICATE OF SERVICE
I hereby certify that on thi day of Angust 2007 I served a true and correct copy of the
foregoing document via the ~thod indicated below to the following:
Dean J. Miller, Esq.
McDevitt & Miller LLP
420 West Bannock Street
PO Box 2564
Boise, ID 83701
~) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Gregory P. Wyatt
United Water Idaho, Inc.
PO Box 190420
Boise, ID 83719
~) U.S. Mail, Postage Prepaid (Through Counsel)
) Hand Delivered
( ) Overnight Mail
( ) Facsimile
~) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Tom C. Morris
Kastera LLC
15711 Highway 55
Boise, ID 83714
Jean Jewell, Secretary
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
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
- -.,
;;C M. Smith
AFFIDAVIT OF BRUCE M. SMITH - 3
3: APPLICABLE PLAN POLICIES AND ORDINANCES:Page 1 of
3: APPLICABLE PLAN POLICIES AND ORDINANCES:
The Eagle comprehensive plan , as amended by the city of Eagle, September 14, 2005 , by
resolution 04-, shall apply within the Eagle area of city impact.
Applications for subdivision development in the Eagle area of city impact shall be evaluated
for conformance to the design and improvement standards contained in the Eagle city
code, title 9 , chapter 3 , and in chapter 4 , sections 9-1 through 9-12.
AII subdivision plats situated within the area of city impact shall be submitted to the city of
Eagle for their recommendation.
The Ada County zoning ordinance 1 shall be used to implement this chapter.
Ada County shall use the following standard in calculating density of residential
development: The total number of dwelling units within a proposed development, divided by
the total land area. Fractional amounts greater than those designated on the Eagle
comprehensive plan land use map will not be allowed except where the Eagle
comprehensive plan details a fractional density and then the density shall not exceed the
number described in the Eagle comprehensive plan. Floodway areas and land used for
public uses such as schools or public service facilities will not be included in the total land
area calculation. (Ord. 99, 9-23-1980, eft. 10-1980; amd. Ord. 181 24-1987; amd. Ord.
189 21-1988; amd. Ord. 199 25-1989; amd. Ord. 222 28-1990; amd. Ord. 270
13-1994; amd. Ord. 437 12-12-2001; amd. Ord. 541 2004; amd. Ord. 623, 6-28-2006)
http://66.113.195.234/ID/Ada%20County/13002000000003000.htm 8/24/2007
SOARING 2025
City of Eagle Western Area Plan
September 14 2004
CHAPTER 2
COMMUNITY DESIGN
Background
As a part of the review of the 2000 Comprehensive Plan the City of Eagle, held
three public visioning sessions that asked the public to evaluate the "Built City"
or tell the City well they were doing in managing a guiding development in the
2000 AOI. This study found that the City of Eagle, though stable and solidified in
its vision to develop a city with a uniquely rural character, did not look to
integrate alternative housing options within the AOI. This section will discuss
the goals, objectives and implementation strategies related to Community Design,
Neighborhoods and housing options.
Future Conditions
Over the next 20 years the City of Eagle is forecasted to experience high growth
rates that without proper management and planning will impact the quality of life
and housing options available to its residents. Rather than ignore the growth
pressures that are currently shaping most Treasure Valley communities the City of
Eagle is look at option to embrace housing alternatives and transit density while
preserving the rural nature ofthe City.
Goals
Sustainability at build out (2025): Ensure the ability for the city to continue to
fund, improve and support itself, including infrastructure and parks, without the
use of building permit fees, impact fees and zoning fees.
Preserving Regional Transportation Corridors (State Highway 16 & 44):
Preserve the function of regionally significant roadways through the City while
ensuring compatibility with land uses and design standards of the City.
Identify "Activity Centers Identify areas that due to the nature of existing
uses, future uses and/or transportation corridors will lend themselves to increased
activity and non-residential use so to preserve larger areas as primarily residential
neighborhoods.
Page 7 of 57
SOARING 2025
City of Eagle Western Area Plan
September 14 2004
2.4 Objectives
Work to accommodate the projected Eagle Planning Area population and the
portion of the Northwest Rural Demographic population, located in the Eagle
AOI, by 2025.
Provide residents of the City of Eagle and the Area of City impact opportunities to
seek housing in a neighborhood of their choice.
Create a clearly identifiable community.
Implementation Strategies
a. Provide increase residential density along the State Highway 44 and State
Highway 20/26 corridors when accompanied by alternative access plans.
b. Maintain a Vision Map that encapsulates the intent and opportunities
contained in the Comprehensive Plan. (See Map 2.
c. Provide housing opportunities within walking distance of future transit
corridors.
d. Create a City composed of neighborhoods in which basic amenities
(schools, utilities, parks, and services) are accessible, visually pleasing,
and properly integrated to encourage walking and cycling.
e. Ensure that all commercial uses are designed to be compatible and context
sensitive to residential uses and environmentally sensitive areas.
f. Encourage the preservation and public access to open space through
developments and as a rural design element of urbanizing areas.
g. Ensure that commercial development is scaled appropriately to the
intended user regional, community and neighborhood.
h. Non-residential uses should be limited to designated areas and scaling and
intensity of use should be paramount to the approval of these uses.
Ensure that gateways are properly delineated and incorporated into
development with landscaping, entry markers and place making features.
Provide a variety of housing opportunities ranging from large lot
residential to multi-family apartment uses.
Page 8 of 57
SOARING 2025
City of Eagle Western Area Plan
September 14 2004
k. State Highway 44, State Highway 20/26, State Highway 16 and the
proposed east west collector are designed as scenic corridors requiring
landscaped setback and separated meanderings sidewalks.
Illustration 2.
Berming along Eagle Road (State Highway 55)
1. Require that private and public open space be included in new multi-
family developments and that they area larger enough to be used by all
residents.
m. Recognize the following gateways:
a. State Street and State Highway 16
b. Chinden Boulevard and the future State Highway 16 extensionc. State Highway 16 and the proposed east/west collector
d. Chinden Boulevard and Linder Road
n. Elementary and middle schools should be located in residential
neighborhood to facilitate walking and reduce busing costs for the district.
Elementary and Middle schools may be located on collector roadways as
defined by the Regional Functional Classification Map, High School
maybe located on arterials.
o. Prohibit the development of schools on sites that present a hazard
nuisance or other limitation on normal functions of the school.
p.
Establish a policy requiring annexation or a consent to annexation by the
City of Eagle prior to development within the Eagle area of city impact.
q.
Identify a utility transmission corridor for all above ground utility
Page 9 of 57
SOARING 2025
City of Eagle Western Area Plan
September 14 2004
transmission lines in the City of Eagle and its Impact Area. Utility
agencies shall be encouraged to relocate existing above ground
transmission lines to the utility transmission line corridor. New substations
should be encouraged to be within the corridor. (See Map 2.
r. All non-transmission utility distribution within the City of Eagle should be
underground.
s. All urban development shall occur under the jurisdictional authority of the
City and be connected to municipal services.
Illustration 2.
Gateway Markers
Page 10 of 57
SOARING 2025
City of Eagle Western Area Plan
September 14, 2004
Library
The City of Eagle currently funds and operates a municipal library district serving
the incorporated City limits. The library board has identified the need for a
branch library by 2015.
Library Goal
Support the safe the maintenance and construction of the public library system
emphasizing quality library facilities that serve as a focal point for family and
community activities.
Objective
Support the effort of the library to ensure adequate facilities are provided to the
citizenry of Eagle.
Implementation Strategies:
Work with the library board to identify future needs and servicing areas.
Identify locations within the Village Center to locate a branch library facility.
Work with land owners, developers and the city to fund site acquisition and
construction of library system expansions.
Domestic Water
Eagle Water Company, United Water Idaho (UWI) and the City of Eagle are the
major domestic water providers in and around the City. A few residential
subdivisions own and operate their own water systems and individual domestic
wells are used in the City. The City contracts with UWI for the operation of the
City's water system. A new contract with UWI is in the process of approval that
provides for the continued contract operation of the City's water system. The
City also has an agreement with UWI and approved by the Public Utilities
Commission for UWI to provide fire and emergency storage.
In 2002, the City adopted a Water System Master Plan that defined existing and
future service areas. That plan is currently undergoing revisions to meet the
expanding service area and to include storage and major trunk lines from Linder
Road to Highway 16, and from Homer Road to Highway 20/26.
Domestic Water Goals
Page 15 of 57
SOARING 2025
City of Eagle Western Area Plan
September 14 2004
Ensure a safe, reliable and cost-efficient water supply, distribution system and
storage reservoir to support water demands of current users and projected
demands of land development in accordance with the Eagle Comprehensive Plan.
Develop a groundwater supply and water storage system to provide for domestic
emergency, and fire flows that meet federal, state and local standards and the
service demands of development. (See Map 4.
Objectives
Develop an interconnected water system owned and operated by the City.
Protect groundwater quality and conserve the natural groundwater resource.
Ensure water service shall provide a minimum of 40 psi and a maximum of 85-
psi, and fire flows of 1 500 gallons per minute, in accordance with state
requirements.
Promote the utilization and reuse of surface water sources for non-potable uses
such as irrigation and water amenities.
Ensure that the cost of new and upgraded water facilities is borne by those who
benefit from them.
Implementation Strategies
a. Update the Water System Master Plan to delineate the requirements for
trunk line, booster stations, pressure reducing stations, and storage system.
b. Acquire additional lands sufficient for the construction of two 1.million-
gallon water storage tanks.
c. Develop well construction standard and guidance to assist developers with
a cost-effective means of meeting water demands for individual systems.
Assist with funding options to provide developers with various means of
meeting standards for water supply systems.
d. Require a separate water system for use of non-potable water, where
available, for landscape irrigation and water amenities and to minimize
reliance on groundwater for these uses.
e. Work with other water service providers to maintain a safe and sufficient
water supply across jurisdictional boundaries.
Page 16 of 57
SOARING 2025
City of Eagle Western Area Plan
September 14 2004
f. Establish and maintain a Water Department and trained staff to meet the
demands of water system operation in accordance with the State of Idaho
Department of Environmental Quality requirements and applicable federal
law.
g. Protect current residents from paying for service that principally benefits
new development.
h. Ensure all new development with in the Western Planning Area connects
to municipal water services.
Irrigation Water
The City of Eagle sets in an irrigated river valley partitioned by several major
irrigation systems operated by irrigation districts or companies. These entities
and the water resource they manage are an integral element in the development of
greenscape that typifies the Boise River Valley. This resource and distribution
network also provides significant recharge to the shallow ground water zone upon
which many wells and water amenities depend.
Goals
Protect the existing irrigation system and increase use or reuse of the surface
water resource for park, residential and commercial landscape irrigation and water
amenities.
Maintain irrigation standards that promote the conservation and reuse of surface
water.
Objective
Ensure that new development incorporates existing irrigation water for landscape
irrigation and water amenities when water rights are available on-site or by means
of appropriation or transfer.
Maintain surface water rights within general areas of use to ensure adequate
supply for the enjoyment of amenities such as city parks and greenbelts.
Implementation Strategies
a. Encourage policies such as the lining of ponds to maximize the use of
water resources.
Page 17 of 57
SOARING 2025
City of Eagle Western Area Plan
September 14 2004
Cross Access Agreement
An agreement between adjacent property owners in which internal
connections are provided between parking areas in order to
improve traffic flow on the streets by minimizing the number of
access points needed. Cross access agreements are typically
incremental as a condition of approval for new development. The
first one to develop will be required to make an irrevocable offer of
cross access and design their site to accommodate future
connections. When adjacent owner develop they will be
conditioned to reciprocate with a similar cross access agreement.
Feathering The process of transitioning density within a development while
providing compatible lots sizes and lot boundaries.
Gateway A major corridor or entry into the City of Eagle that will tend to
create initial impression of the City for visitors. Gateway streets
should be subject to enhanced design review standards such as
signage, landscaping, architecture, and vehicular access.
Internal Circulation The movement of traffic into and out of properties and local
roadway systems without the need to enter onto arterials and
regional roadway networks.
Limited Service Commercial
Uses that accommodate retail sales and services for the daily self
sufficiency of local communities, ensuring that the intensity of
limited commercial development is compatible with the character
of the area with special concern to adjacent residential uses.
Limited Retail Establishments providing retail services, occupying facilities of
000 square feet or less. Typical establishments provide for
specialty retailing or retailing oriented to the surrounding vicinity.
Minor Gateway A collector or local street entering from an arterial into the City of
Eagle that gives visitors a sense of place and feeling of entering
Eagle. Minor gateways should provide limited elements to create a
sense of place through landscaping, signage, or other design
elements.
Municipal Services Services, such as sewer water and library, owned and/or managed
by the City of Eagle to property owners within or adjacent to the
city.
Page 54 of 57