20070509Merrill direct.pdf

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Bruce M. Smith, ISB # 3425
Susan E. Buxton, ISB # 4041
MOORE SMITH BUXTON & TURCKE, CHARTERED
Attorneys at Law
950 West Bannock Street, Suite 520
Boise, Idaho 83702
Telephone: [phone]
Facsimile: [phone]
bms(Ci),msbtlaw.com
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Attorney for City of Eagle, Idaho
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
UNITED WATER IDAHO INC. TO AMEND AND)
REVISE CERTIFICATE OF CONVENIENCE
AND NECESSITY NO. 143.
CASE NO. UWI-O7-
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
DIRECT TESTIMONY OF MAYOR NANCY MERRILL
DIRECT TESTIMONY OF MAYOR NANCY MERRILL - Page 1 of 5
Please state your name and identify your position with the City of Eagle.
Response:My name is Nancy Merrill, and I am the Mayor of the City of Eagle.
Are you familiar with the location of the proposed Lanewood development?
Response:Yes, I am. Lanewood is immediately west of Linder Road and is adjacent to the
Eagle City limits and within the City's Area oflmpact as approved by Ada County.
Is it the City of Eagle s intent and desire to provide municipal water service to the
Lanewood development?
Response:Yes, the City for some time has been aware of the pending development of this
property. Because of its proximity to the City, its location within the City s impact
area, its inclusion in the City s Comprehensive Plan, and its inclusion in the City'
Master Water Plan, the City has been preparing to serve this area and include it
within the City.
In addition to providing water to Lanewood, are there other issues and planning
efforts that involve the Lanewood development and the City?
Response:
Sa.
Response:
Yes, because Lanewood is adjacent to the City limits and is generally surrounded
by other developments that will be included in the City, Lanewood will, in effect
be part of the City of Eagle. It will use City amenities, its traffic will affect the
City and its citizens, and its homeowners will use the amenities that the City offers.
Furthermore, because properties within the City of Eagle have traditionally higher
values, it will be able to use that circumstance to its benefit. Homebuyers
Lanewood will be able to take advantage of the benefits of the City without paying
for them. As shown at Exhibit 201 , Lanewood is surrounded by properties in some
phase of being included within the City. Lanewood should be part of the City of
Eagle.
When you refer to the City s planning efforts, can you describe in general terms what
you mean?
As with any local governmental body, the City of Eagle develops a Comprehensive
Plan pursuant to Idaho Code. This plan deals with features such as planning and
zoning matters, transportation, and City services. In effect, the Comprehensive
Plan and associated documents detail how the City is to look and feel, how it is to
grow, and how it will provide for its citizens.
The City of Eagle takes this obligation very seriously. That is why the City of
Eagle is one of the most desirable places to live in the Treasure Valley. We care
about the City of Eagle and believe the results of that caring and attention reflects
the importance that people who live here place on maintaining the core values and
concepts that make Eagle what it is today. These planning efforts include items
DIRECT TESTIMONY OF MAYOR NANCY MERRILL - Page 2 of5
such as providing City services, including water. We would like to think we would
have the support of the Public Utilities Commission in helping the City develop
according to its planning efforts. A copy of portions of the City s Comprehensive
Plan addressing water is attached as Exhibit 202.
Sb.Has this planning process included the land which is being developed as the
Lanewood development?
Response:Yes, it has. Lanewood will be located in the midst of the City of Eagle. How
Lanewood is developed will have a significant influence on the City. We hope and
intend to see that it is developed consistent with the City's Comprehensive Plan.
Sc.Did United Water participate or comment on development of the City
Comprehensive Plan?
Response:, not that I am aware of, although the City did notify United Water that it was
developing its plan.
Is the City capable of providing water service to the Lanewood development?
Response:Yes, it is. The City is committed to working with the developer to incorporate this
development into the City. Even though the developer has filed an application with
the county, the City of Eagle will participate in that proceeding. It will recommend
that the county disallow the application and direct the developer to file a request for
annexation with the City and include using City water.
Why would the City take that position?
Response:
Response:
Lanewood will, for all practical aspects, be in the City. If not developed consistent
with the City's Comprehensive Plan, it could have significant detrimental effects
on the City. It would disrupt the City's planning process and would negatively
affect the City's water system development, roads, and open spaces in its western
area.
The developer of Lanewood has stated that the City will not have a completed well
and other facilities ready by time it has approval to commence construction. Do you
believe that to be true?
, I do not. According to the City staff, the City has already constructed a well
and a mainline is being constructed now. This line will go to the southern
boundary of Lanewood. The county approval process will likely take longer
complete than will the extension of the mainline to Lanewood. By the time
Lanewood completes the county approval process and is ready to utilize water, the
City's system will be ready.
DIRECT TESTIMONY OF MAYOR NANCY MERRILL - Page 3 of 5
What is the City's policy on how water is to be provided to new developments
within the City?
Response:
10.
The City believes that new developments should provide their own water in order
not to impose burdens and costs on existing customers. Since the City does not
seek to generate profits from its water system, the City believes it can provide
water to its citizens less expensively than a for-profit entity such as United Water.
We believe water customers would appreciate that.
Do you know the basis for Mr. Ramon Yorganson s statements that the review
process for his development will be shorter because United Water can independently
lift sanitary restrictions to start construction but the City cannot do the same thing?
Response:, I do not know the basis for this statement, but Mr. Yorganson is incorrect. The
City can also lift the restrictions. I firmly believe that Mr. Yorganson s project, if
developed according to the City's Comprehensive Plan, can be approved faster than
through the county process. The City will certainly seek to work with him to do
that. With his cooperation, I believe that can be done. If Mr. Yorgason is
concerned about cost and certainty, given the location of his development, I believe
the City provides a superior alternative to development than does the county. As
Mayor, I am committed to helping him develop in a way that brings value to his
project and new citizens to Eagle. I believe that the homeowners, who are
ultimately the customers, will appreciate the lower costs and services that the City
can provide. City Hall and my office are a ten-minute ride from the Lanewood
development. If the customer has a problem, they can come see me or any of the
City staff. I believe it is in the public interest for the City to serve these
homebuyers, not United Water.
I tJ1! Dated this:I..- day of May, 2 07.
CERTIFICATE OF SERVICE
DIRECT TESTIMONY OF MAYOR NANCY MERRILL - Page 4 of 5
CERTIFICATE OF SERVICE
I hereby certify that on this 4-.day of May, 2007 I served a true and correct copy of the
foregoing document via the method indicated below to:
Dean 1. Miller, Esq.
McDevitt & Miller LLP
420 West Bannock Street
PO Box 2564
Boise, ID 83701
Gregory P. Wyatt
United Water Idaho , Inc.
PO Box 190420
Boise, ID 83719
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
Robert B. Burns
Moffatt Thomas Barrett Rock &
Fields, Chtd.
101 S. Capitol Blvd., 10th Floor
PO Box 829
Boise, ID 83701
1. Ramon Yorgason
President, Capital Development, Inc.
6200 N. Meeker Place
Boise, ID 83713
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DIRECT TESTIMONY OF MAYOR NANCY MERRILL - Page 5 of 5
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2007 CITY OF EAGLE COMPREHENSIVE PLAN
Resolution 7-, February 13, 2007
TABLE OF CONTENTS
Page
""""
CHAPTER 1 -OVERVIEW.....................................t...............................................
CHAPTER 2 - PROPERTY RIGHTS...................
:..........~.........................................
CHAPTER 3 - POPULA,'rION...
""""""""" ............... ................................. ... ...... ....
CHAPTER 4 - SCHOOLS, PUBLIC SERVICES AND UTILTIIES......................................
CHAPTER 5 - ECONOMIC DEVELOPMENT..............................................................
CHAPTER 6 - LAND USE............................................................
""""""'" ...........
CHAPTER 7 -NATURAL RESOURCES AND HAZARD AREAS............................. ........
CHAPTER 8 - TRANSPORTATION... ...... ......
......... ............ ... ... ... ... ...... ... '" ... ... ........
CHAPTER 9 - PARKS, RECREATION AND OPEN SPACES.......... ......... ...... ... ............... 77
CHAPTER 10 -HOUSING......................................................................................
CHAPTER 11 - SPECIAL AREAS AND SITES............................................................
CHAPTER 12 - COMMUNITY DESIGN.........
.................. ......... """"""""""""'" .......
CHAPTER 13 -IMPLEMENTATION..........................................................................
APPEND IX
GLOSSARY......................................................................................................100
APPEND IX 2: MAPS
MAP 1.1 HIGHWAY 16 CORRIDOR
MAP 1.AREA OF CITY IMPACT
MAP 2.WESTERN AREA VISIONING MAP
Page 1 of 102K:IPlanning DeptlComp PlanlComp Plan 2007 2-13-07\2007 Camp Plan,doc
Eagle - 1019.49
Exhibit 202
2007 CITY OF EAGLE COMPREHENSIVE PLAN
MAP 4.
MAP 4.
MAP 4.
MAP 4.4
MAP 4.
MAP 6.
MAP 6.
MAP 6.
SCHOOL FACILITIES
WATER SERVICE AREAS
SEWER SERVICE PLANNING AREA
ABOVE GROUND UTILITY TRANSMISSION CORRIDOR
CHEVRON PIPELINE
FUTURE LAND USE MAP
PLANNING AREAS
TRANSPORA TION/P A THW A Y MAPS (3 MAPS)
Page 2 of 102
2007 CITY OF EAGLE COMPREHENSIVE PLAN
CHAPTER 1 - OVERVIEW
1.1 City of Eagle Statement of Purpose
The purpose of the Eagle Comprehensive Plan is to develop a set of guidelines that the City
will use to promote the health, safety, and general welfare of the residents who live in the City
of Eagle and its Area of City Impact (AOI). To achieve that purpose, the City of Eagle will
strive:
a. To protect property rights and enhance property values.
b. To ensure that adequate public facilities and services are provided to the people at
reasonable cost.
c. To ensure that the economy ofthe City of Eagle and its AOI is protected and enhanced.
d. To ensure that the important environmental features of the City and its AOI are protected
and enhanced.
e. To encourage urban and urban-type development within the incorporated city.
f. To avoid undue concentration of population and overcrowding of land.
g. To ensure that the development of land is commensurate with the physical characteristics of
the land.
h. To protect life and property in areas subject to natural hazards and disasters.
i. To protect fish, wildlife, and recreation resources.
J. To encourage local school districts to participate in the community planning and
development process so as to address public school needs and impacts on an ongoing basis.
Page 3 of 102
2007 CITY OF EAGLE COMPREHENSIVE PLAN
1.2 Why Plan?
From the year 2000 to 2002, the population of the City of Eagle grew by 17%, increasing the
City's population by more than 1 000 residents per year. This rate of growth resulted in the
development of over 900 acres of land within the City and the area of city impact (AOI) in just
3 years.
Understanding the need for the City to look forward and plan for the next 20-years, City leaders
began a review of the 2000 Comprehensive Plan and future development areas to the west of
the existing AOI and city limits. The City realized that planning for additional growth to the
south and east was limited by the existing Meridian City limits and Boise City limits
respectively, and also understood that urban development to the north of the existing AOI was
severely constrained by the Boise Foothills and groundwater limitations.
As a part of the review of the 2000 Comprehensive Plan by the City of Eagle, the City
completed a full scale review of the economic sustainability of the existing area of city impact
and future growth areas for the city. 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 at the long
term sustainability of the city as it approached build out. The 2000 Comprehensive Plan
detailed the following uses for the incorporated City and AOI:
Table 1.1
%of %of
2000 2025 %of
Land Use Plan Plan total
Commercial
l\-lixed Use
Mixed Use VillaGe 10%
BusinessIT ech
Industrial
Residential 87%60%75%
Parks/onen snare 17%
Distl'ibution of Land Uses
Nearly 90% of the City's 2000 AOI was designated for residential uses. This coupled with the
third lowest tax levy rate in the State ofIdaho severely limits the long-term sustainability of the
City of Eagle. The land capacity analysis further outlined that over 50% of the residential land
within the existing AOI was developed to the density described in the 2000 Comprehensive
Plan. The analysis also showed that only 20% of the developable residential land is vacant and
available for uncomplicated development.
From an extrapolation based upon the current rate of development (300 acres per year), the City
will run out of vacant land in approximately 6 years, though residential build out could be
longer if underdeveloped property becomes available for
redevelopment. A significant factor in determining the
successful redevelopment of vacant land within the City is
Page 4 of 102
2007 CITY OF EAGLE COMPREHENSIVE PLAN
the cost availability of vacant land in adjacent cities and the county. Unless these land supplies
are constrained, it is likely that high levels of redevelopment will not occur. (The entire land
capacity analysis is available at City Hall.
1.2.Idaho Code:
Understanding the constraints of the existing AOI, the City of Eagle began to look at the
requirements for establishing an expanded area of city impact. Under Idaho Code g67- 6526(b),
the following three factors are paramount in establishing an area of city impact:
a. Trade Area: Trade area is the area that is needed to provide a city with an economic base
that supports the city. This economic base comprises not only the city limits and the AOI
but also includes the areas that surround a city and bring people into the city for services.
Historically, the City of Eagle has been directly associated with a large trade area including
properties extending north into Gem County and west into eastern Canyon County. Further
ACHD traffic counts and the existing transportation network support the claim of this area
being within the City of Eagle s economic trade area.
b. Geographic Boundaries: The Idaho Transportation Department (ITD) has released plans
to improve State Highway 16 from a two (2) lane roadway to at least a nine (9) lane system
(including right-of-way) in excess of one quarter (1/4) mile wide. This creates an enormous
and significant landmark or geographic boundary separating the properties east of State
Highway 16 from those on the western side; This new transportation corridor will be a
significant east-west barrier between Eagle and Star that will create an impediment for
pedestrians, bicyclists, youth and the elderly or anyone unable to use motorized
transportation. In addition, it is unlikely that property owners east of the new highway
corridor will feel identified with a city center that is entirely cut off to the west. (See Map
1) Historically in Ada County, state highways have been used as area of impact
boundaries. For example, State Highway 44 forms portions of the respective common
boundaries between Boise and Garden City. State Highway 55 forms portions of the
respective common boundaries between Meridian and Boise as well as Boise and Eagle.
State Highway 20/26 forms a boundary between Meridian and Eagle.
c. Annexation in the Future: At the time of this planning effort, the City of Eagle had
received numerous requests for annexation from properties reaching to the State Highway
16 corridor. If these applications are approved, Eagle s city limits would be bordered to the
West by State Highway 16, to the South by State Highway 44 and to the North by Beacon
Light Road substantiating the City's ability to annex into and across this area.
Page 5 of 102
2007 CITY OF EAGLE COMPREHENSIVE PLAN
1.3 The City of Eagle Vision Statement
In 1999, City of Eagle citizens envisioned their future town as a well-planned community that
encourages diversified living and housing opportunities, fosters economic vitality that offers
jobs for residents, and provides places for people to recreate and enjoy Eagle s natural beauty.
We envision that in the future Eagle will be:
a. known as a highly livable town that successfully balances growth with many of the rural
elements of its heritage;
b. interconnected with user-friendly pathways and roadways;
c. economically strong with a distinct downtown economic center;
d. providing diversified employment and housing opportunities for all economic groups;
e. an environmentally aware community with distinctive open space, parks and outdoor
recreation;
f. an economically strong city, that fosters local businesses and clean industry;
g. a community committed to its support for children and families; and
h. a unique community that maintains its rural residential feel in the midst of the Treasure
Valley.
Similarly as in 1999, the 2004 Soaring 2025: City of Eagle Western Area Plan outlined an
extensive public visioning process to guide the plan. The visioning sessions discussed potential
growth areas and goals to guide the long term development of the City. From these visioning
sessions, the following four broad goals were identified for the western AOI:
a. 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.
Page 6 of 102
2007 CITY OF EAGLE COMPREHENSIVE PLAN
b. 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 to preserve larger areas as primarily residential neighborhoods.
c. 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.
d. Increased Employment Opportunities: Identify areas that will provide significant
employment opportunities to the residents of the City of Eagle thereby allowing the City to
be a desirable place to live, work, and recreate.
These goals combined with the current growth rate and the factors set forth in Idaho Code967-
6526(b), have led the City of Eagle to establish an expanded planning area west of Linder Road
to the centerline of State Highway 16, south of the Farmers Union Canal, and north of the
centerline of Chin den Boulevard/State Highway 20-, Ord. 475. (See Map 1.2)
Plan Organization
The Comprehensive Plan is divided into chapters that generally correspond to the requirements
of the Local Planning Act. It should be noted that the policies in the various chapters are
interrelated and together create the City's policy framework for land use and development.
1.5 Relationship to the City of Eagle Zoning Ordinance
Idaho Code 967-6511 states that "zoning districts shall be in accordance with the adopted
plan." In general this means that zoning must be "in keeping" with a comprehensive plan if one
exists. Further, the Eagle City Zoning code requires consistency between the comprehensive
plan and affected zones at the time of rezoning. Additional zoning classifications may be
needed to ensure the accurate implementation of this sub-area plan.
1.6 Relationship to Ada County Planning
The goals and policies of this plan are intended to be applied within the Eagle City limits and
the negotiated Eagle Area of City Impact. The City acknowledges that the county may not have
all the tools and codes necessary to implement this plan and will, upon transmittal and review
recommend to the county which county codes and appropriate conditions should be
implemented to best implement and meet the intent of the Eagle Comprehensive Plan. It is the
desire of the City of Eagle to have all urban development that occurs in the Area of City Impact
to be under the jurisdictional authority of the City and connected to municipal services.
Page 7 of 102
2007 CITY OF EAGLE COMPREHENSIVE PLAN
Department of Environmental Quality requirements and applicable federal rules and
regulations.
Protect current residents from paYIng for facilities that principally benefit new
development.
Ensure that all new development within the Western Planning Area (west of Linder
Road) and any foothill area annexed by the City connect to the City of Eagle municipal
water facilities.
Periodically review the costs and benefits of the City water system to insure that rates
and fees are sufficient to provide adequate capital to fund needed improvements
including a reserve fund for infrastructure replacement and evaluation of local
groundwater trends.
Develop a full service water department with skilled staff that are trained to operate and
maintain a water system.
Evaluate future water system needs and develop an operating budget for operation and
maintenance and a capital budget for water infrastructure improvements for the City-
owned water facilities.
Require the construction of dry-line water facilities and fire hydrant stub-outs in
developments anticipated to be served by the municipal system as identified in the
Water Master Plan and the Comprehensive Plan.
Sewer
Sewer Existing and Future Conditions
The Eagle Sewer District (ESD)-, was established in 1963 as a public entity separate from the
City of Eagle. The ESD service area generally corresponds to the area within the Eagle City
limits. Extensions of the ESD service area are accomplished by actions of the ESD Board of
Directors, and for the most part match annexations to the City. However, the extensions do not
have to match annexations to the City either in location or in time.
ESD serves all of the residential and commercial users in the City that are receiving central
sewer service. In addition to users served by central sewer, many homes in the District's
service area utilize individual septic tanks and drain fields for on-site wastewater treatment and
disposal. The District currently treats the wastewater to secondary standards and discharges the
treated effluent to the City of Boise wastewater treatment facilities for ultimate treatment and
disposal under a long-tenn agreement between the District and the City of Boise. (See Map 4.3)
Due to total pollutant loading limitations for the Boise
River, standards for treated wastewater effluent discharges
to the Boise River may become far more stringent in the
Page 19 of 102
2007 CITY OF EAGLE COMPREHENSIVE PLAN
c. The City limits shall be that area as defined by ordinance of the City of Eagle.
d. Preserve the floodway in its natural state for such uses as greenbelt, wildlife habitat
recreational open space agriculture.
e. Include in the City Design Review Ordinance criteria for building design, landscaping,
signage and other aesthetic standards. Development along State Street within the Impact
Area and outside the City limits shall be encouraged to comply with the Design Review
Ordinance.
f. Reject any development that would establish or tend to establish another City center outside
of the Central Business District.
g. Discourage excessively large single entity businesses that would jeopardize the competitive
business environment.
h. Require new residential, commercial, and industrial development to meet minimum designstandards as specified by City Ordinances.
i. Encourage the integration of historic structures within new developments.
j. Develop buffer and transition zones between conflicting types of land use.
k. Develop ordinances that will establish the Urban Service Planning Area as the prime urban
development area of the City and Area of City Impact. Development should be allowed in
the area on the condition that sewer and domestic water facilities would be provided to such
development as described by the Water Supply and Sewer Policies of the Public Services
Facilities and Utilities section of this Comprehensive Plan.
l. Encourage the preservation of natural resources such as creeks, drainages, steep slopes, and
ridge lines as visual amenities.
m. Encourage the development of pathways and open-space corridors throughout the City.
n. Encourage the development of a strong community identity through urban design standards
downtown revitalization, cultural activities, and visual gateways to the City.
o. Prepare and adopt design guidelines and development standards to be the basis for design
review of architectural, landscaping, signage and other visual impacts of development
projects.
p. Encourage the planting and preservation of trees that will create beauty and add to the
healthy environment of downtown (see Eagle Tree Plan below).
q. Protect and enhance the small town character of the City
by requiring signage which is creative and distinctive,
Page 91 of 102
2007 CITY OF EAGLE COMPREHENSIVE PLAN
Feathering
Gateway
develop, they will be conditioned to reciprocate with similar cross access
agreements.
The process of transitioning density within a development while providing
compatible lots sizes and lot boundaries.
A major corridor or entry into the City of Eagle that will tend to create an initial
positive 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
Minor Gateway
Establishments providing retail services, occupying facilities of 10 000 square
feet or less. Typical establishments provide for specialty retailing or retailing
oriented to the surrounding vicinity.
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 water facilities and library, which are owned and/or managed
by the City of Eagle and are available to property owners within or adjacent to
the city.
New Urbanism form of development in which a range of housing product types and
supporting commercial services are near one another and are designed to be
pedestrian-oriented. Such developments typically feature, at least in part;
gridded local streets with alley loaded housing, narrow lot patterns, low to mod-
rise commercial which are built up to the sidewalk with parking located behind
them with residential uses built over commercial uses , narrow streets with tight
turn radii, on street parking, sidewalks separated by landscape strips, and street
furniture. New Urbanism projects do not exclude automobiles, rather, they
place pedestrians on an equal basis in terms of priority.
Professional Office Uses providing for administration
professional services and associated
activities. These uses often invite public
Page 101 of 102