200408041st Response of City of Eagle to ID Power Part I.pdf

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Bruce M. Smith, ISB # 3425
Susan E. Buxton, ISB # 4041
Ransom J. Bailey, ISB # 6475
MOORE SMITH BUXTON & TURCKE, CHARTERED
Attorneys at Law
225 North 9th Street, Suite 420
Boise, Idaho 83702
Telephone: [phone]
Facsimile: [phone]
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Attorney for Respondent, City of Eagle, Idaho
BEFORE THE IDAHO PUBLIC UTILIES COMMISSION
IDAHO POWER COMPANY
Respondent.
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'S FIRST
PRODUCTION REQUEST TO THE
CITY OF EAGLE, IDAHO
Case No. IPC-O4-
Complainant
vs.
CITY OF EAGLE, IDAHO
The City of Eagle, Idaho
, ("
City") by and through its attorneys of record, Moore
Smith Buxton & Turcke, Chartered, hereby responds to the IDAHO POWER
COMP ANY'S FIRST PRODUCTION REQUEST TO THE CITY OF EAGLE, IDAHO as
follows:
IPC Production Request No.1: On page 12 of 13 of the City's May 11 , 2004 Findings
of Fact and Conclusions of Law in Case No. CU-02*, the City concluded that "the extension of
existing (electric) poles will continue to the obstruction of scenic views of both the tree canopy
along the Boise River as well as the foothills north of the City." Please quantify the extent to
which the City estimates that the proposed power poles will obstruct the views of the tree canopy
along the Boise River and the foothills north of the City.
(*
The Case number was incorrectly referred to in IPC First Production Request to the City of Eagle as
CU-O2; the correct Case number is CU-02.
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE, IDAHO
8/3/2004
Response to Production Request No.
The Findings of Fact and Conclusions of Law in Case No. CU-02 quoted above is only
a partial quote; the full quote reads as follows: "Moreover, the extension of existing poles will
contribute to the obstruction of scenic views of both the tree canopy along the Boise River as
well as the foothills north of the City, depending upon the viewing vantage point.Any attempt
to quantify the obstruction of these views would be directly related to a determined vantage
point. The City of Eagle offers Idaho Power s own depiction of the proposed poles submitted
January 30, 2004 as evidence of the disastrous effect of the large power poles. (Exhibits 128 and
129, attached hereto). The vantage point from which the photograph was taken clearly depicts
significant obstruction of the tree canopy.
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom 1. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No.2: Exhibit No. 100 to the City s direct testimony in this
case shows that on or about October 30, 1995, the Eagle Planning and Zoning Commission
recommended approval of Idaho Power s application for a rezone and a conditional use permit to
allow updating a utility sub-station and upgrading a power line from 69-kV to 138-kV. In its
Finding of Facts and Conclusions of Law (Exhibit 100), the Commission concluded that the
proposed projects "will not violate the.. Eagle City Codes or Eagle Comprehensive Plan,... will
have no adverse impact on those property owners in the area;... (and) the application serves the
welfare and electrical power needs of the general public and is in the best interest of the public.
Please provide a copy of the Eagle Comprehensive Plan in effect at the time of this 1995
decision.
Response to Production Request No.
Please find a copy of the Eagle Comprehensive Plan in effect in 1995 attached hereto as
Exhibit 130.
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No.3: Please determine whether the uses proposed in Idaho
Power s application in Case No. CU-02 would likely have conformed to the requirements and
provisions of the Eagle Comprehensive Plan in effect in October 1995. If not, please explain why
not.
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE, IDAHO
8/3/2004
Response to Production Request No.
The application in Case No. CU-02 was submitted after the Eagle Comprehensive Plan
was updated in November of 1999 and after the City adopted extensive Design Review Standards
in 1997. The Eagle Comprehensive Plan in place in 1995 bears no relevance to the current
application. However, the Comprehensive Plan in effect in 1995 clearly addressed the
importance of protecting natural views and vistas on pages 6-7 under Parks, Recreation, and
Open Spaces, and Idaho Power s CU-02 application would likely not have conformed to the
Comprehensive Plan in effect in 1995.
The City of Eagle must be given deference in interpreting the meaning of its own
comprehensive plan and ordinances. See JR. Simp/of Co. v. Canyon County Board of
Commissioners 128 Idaho 479 915 p. 2d 709 (1996).
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No.4: Mayor Merrill testifies on page 5, lines 8-9 of her direct
testimony, that the 1995 "CUP also conditioned the sub-station such that if upgrades were ever
requested, the sub-station would be removed from the City center . In particular, Mayor Merrill
references Exhibit 100 to the City'direct testimony in this case. Please identify, with
particularity, the language in Exhibit 100 that requires removal of the substation from the City
center in the event the subj ect sub-station were upgraded in the future.
Response to Production Request No.
The Mayor based her response on the recommendations found in the Planning and Zoning
Commission s Findings of Fact and Conclusions of Law approved on December 12, 1995
(Exhibit 100 attached to Dr. Reading s direct testimony). The recommendations included the
following language: "No further expansion once they upgrade this location, the next upgrade
needed will require a different location.
At the Eagle City Council Meeting of January 9 1996, Blaine Johnston of Idaho Power
indicated that once the work was completed there will be no further upgrading. The substation
will not change in size." P. 4 of the Eagle City Council Meeting Minutes of January 9, 1996
Exhibit 131 , attached hereto. The City of Eagle interpreted Mr. Johnston s testimony to include
all upgrades of the sub-station, including power poles.
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE , IDAHO
8/3/2004
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No.5: Please provide the basis for Mayor Merrill's testimony
on page 5 , lines 12-, that (t)he desire of the Commission was not to have ugly poles along
State Street." Please provide any and all documentation in the City's possession in support of this
testimony.
Response to Production Request No.
Please see Response No.4 in addition to this response.
The Planning and Zoning Meeting Minutes of August 11 , 2003 (attached hereto as
Exhibit 132), contain reference to Commissioner Glavach's opinion that the proposed poles
would be "aesthetically displeasing" and Commissioner Crook also expressed concerns over the
impact on scenic and aesthetic values the City has worked so hard to achieve.
The public gave voluminous input on this application, repeatedly expressing concerns
over the proposed power poles and the impact they would have on the community. Exhibit 133
Kline letter dated Nov. 12 2002; Exhibit 134, Whelan letter dated Nov. 15 2002, attached
hereto.
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No.6: Please confirm that the design requirements, objectives
and considerations identified in Chapters 8-2A-6 of the City s Zoning Code apply to proposed
development within the City's design review overlay districts.
Response to Production Request No.
The design requirements identified in Chapter 8-2A-6** of the City s Zoning Code apply
to development within the design review overlay districts and section 8-2A-, of the General
Applicability ordinance states that: "This article applies to all proposed development located
within the design review overlay district which shall include the entire city limits, and any land
annexed into the after the date of adoption hereof." Therefore , section 8-2A-, which comes
before 8-2A-, makes it clear that these requirements include the entire Eagle city limits. The
City is entitled to deference in interpreting its own ordinances. See J R. Simp/of Co. v. Canyon
County Board of Commissioners 128 Idaho 479 915 P.2d 709 (1996).
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE , IDAHO
8/3/2004
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
**
(Production request No.6 identifies a specific section of the Eagle City Code. For the sake of
convenience and readability, we have included all applicable Sections of the Eagle City Code in Exhibit 135.)
IPC Production Request No.7: Please confirm the Idaho Power Company s proposal to
construct a 138-kV transmission line within the corporate limits of the City of Eagle was not
reviewed and approved by the City s Design Review Board despite the existing and proposed
location of the line within the City's DDA, CEDA, TDA and the Entry Corridor as noted on page
4 of 13 of Exhibit 119 to the City's direct testimony. If the response is in the affirmative, please
explain why the Company s proposal did not require Design Review Board review.
Response to Production Request No.
No application was ever made to the City of Eagle s Design Review Board by Idaho
Power. In order to come before the Design Review Board, the conditional use permit must be
approved first by the City Council. Since the conditional use permit was never approved, the
Design Review Board had no occasion to hear a application.
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom 1. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No.8: Please confirm that Eagle Zoning Code Section 8-2A-
6(B)(6) regulates the height of architectural appurtenances.
Response to Production Request No.
Section 8-2A-6(B)(6) of the Eagle Code regulates the height of architectural
appurtenances. Also, section 8-4 of the Eagle Code addresses maximum height requirements in
the zoning districts. The City is entitled to deference in interpreting its own ordinances. See J R.
Simp/of Co. v. Canyon County Board of Commissioners 128 Idaho 479 915 P.2d 709 (1996).
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE , IDAHO
8/3/2004
IPC Production Request No.9: Please identify the location of the definition of
architectural appurtenances" in the Eagle Zoning Code.
Response to Production Request No.
While the term "architectural appurtenances" is not defined by itself in the Eagle City
Code, nevertheless it is referenced in section 8-3(E), section 8-2A-6(A), as well as section 8-
2 which speaks to the definition of height. The City is entitled to deference in interpreting its own
ordinances. See J R. Simp/of Co. v. Canyon County Board of Commissioners 128 Idaho 479
915 P.2d 709 (1996).
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No. 10: If the term "architectural appurtenances , is not
defined in the City's zoning code, please define that term as it is used by the City in assessing the
design requirements of a particular project in accordance with the regulations of the Eagle
Zoning Code Section 8-2A-
Response to Production Request No. 10:
In section 8-2A-6(6)(B) of the Eagle City Code, architectural appurtenances include "All
spires, poles, antennas, steeples, towers, and any other such structures. . ." Eagle City staff has
consistently interpreted "appurtenance" to be any portion of any building or accessory structure
(including poles) with regard to height as defined by section 8-2 in the Eagle City Code. All
design requirements are subject to the review and approval of the Design Review Board and City
Council on a case by case basis. The Eagle Planning and Zoning Commission may review certain
design review related issues in determining compatibility of a proposed use with existing uses.
The City is entitled to deference in interpreting its own ordinances. See J R. Simp/of Co.
Canyon County Board of Commissioners 128 Idaho 479, 915 P.2d 709 (1996).
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No. 11: Please describe how Idaho Power s proposed 138-
transmission line is an "architectural appurtenance" that is subject to the City's height restrictions
as set out in the Eagle Zoning Code Section 8-2A-
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE , IDAHO
8/3/2004
Response to Production Request No. 11:
See the response to Requests 6 through 10 in addition to this response.
Idaho Power s application for 138-kV transmission lines were evaluated under the height
requirements outlined in the Eagle City Code. Under section 8-2 of the Eagle City Code, height
is defined as follows:
HEIGHT: The height of personal wireless facilities, spires, poles, antennas, steeples
towers, and similar structures shall be determined by measuring the vertical distance from the
point of contact with the ground to the highest point of the structure, including any vertical
projection thereof. When mounted upon other structures, the combined height of the personal
wireless facility, spire, pole, antenna, steeple, tower, and/or similar structure, including the height
of the structure mounted upon, shall be used to determine height.
Section 8-4 of the Eagle City Code outlines the maximum height allowed in the various
zoning districts. The City is entitled to deference in interpreting its own ordinances. See J R.
Simp/of Co. v. Canyon County Board of Commissioners 128 Idaho 479 915 P.2d 709 (1996).
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No. 12: Is it the City of Eagle s contention that Idaho Power
Company was required to obtain a conditional use permit to erect its proposed 138-
transmission line because that type of facility is an "architectural appurtenance" that is subject to
the City's height restrictions as set out in Eagle Zoning Code Section 8-2 of Eagle s Zoning
Code?
Response to Production Request No. 12:
The proposed Idaho Power 138-kV transmission line is a public service facility defined
by section 8-2 of the Eagle City Code. This application required a conditional use permit
because public service facilities are shown in section 8-3 of the Code as requiring a conditional
use permit. The height of the poles were applied under table 8-4 of the Eagle City Code
restricting the height to 35 feet.
The City is entitled to deference in interpreting its own ordinances. See J R. Simp/of Co.
v. Canyon County Board of Commissioners 128 Idaho 479 915 P.2d 709 (1996).
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE, IDAHO
8/3/2004
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No. 13: Is Idaho Power Company s proposed 138-
transmission line a "public service facility" as that term is defined in Section 8-2 of Eagle
Zoning Code?
Response to Production Request No. 13:
The 138-kV transmission line proposed by Idaho Power is a public service facility as
defined in section 8-2 of the Eagle City Code.
PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation or
maintenance of buildings, power plants or substations, water treatment plants or pumping
stations, sewage disposal or pumping plants and other similar public services structures by a
public utility, by a railroad whether publicly owned or privately owned, or by a municipal or
other governmental agency, including the furnishing of electrical, gas, rail transport
communication, public water and sewage services.
The City is entitled to deference in interpreting its own ordinances. See J R. Simp/of Co.
v. Canyon County Board of Commissioners 128 Idaho 479, 915 P.2d 709 (1996).
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No. 14: Is it the City of Eagle s contention that the Company
was required to obtain' a conditional use permit to erect its proposed 138-kV transmission line
because that type of facility is a "public service facility" as that term is defined in Section 8-
of Eagle s Zoning Code?
Response to Production Request No. 14:
Yes.
The City is entitled to deference in interpreting its own ordinances. See J R. Simp/of Co.
v. Canyon County Board of Commissioners 128 Idaho 479, 915 P.2d 709 (1996).
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE , IDAHO
8/3/2004
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No. 15: If the City's response to Request No. 14 is
affirmative, please explain how the Company s proposed 138-kV transmission line is a "public
service facility" as that term is defined in Section 8-2 of Eagle s Zoning Code?
Response to Production Request No. 15:
Please see responses to requests 12, 13 and 14 in addition to the information contained in this
response. Under section 8-2 of the Eagle City Code a "public service facility" is defined as:
PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation or maintenance
of buildings , power plants or substations, water treatment plants or pumping stations, sewage
disposal or pumping plants and other similar public services structures by a public utility, by
a railroad whether publicly owned or privately owned, or by a municipal or other governmental
agency, including the furnishing of electrical, gas, rail transport, communication, public water
and sewage services. (emphasis added)
The City is entitled to deference in interpreting its own ordinances. See J R. Simp/of Co.
v. Canyon County Board of Commissioners 128 Idaho 479, 915 P.2d 709 (1996).
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No. 16: Section 8-2 of the Eagle Zoning Code establishes
that "(t)he administrator shall interpret the appropriate zoning district for land uses not
specifically mentioned by determining the district in which similar uses are permitted.
a. Is it the City's position that the Company s proposed 138-kV transmission line is a land
use specifically mentioned in the Eagle Zoning ordinance?
b. If so, please cite the Eagle Zoning Ordinance reference that expressly permits these
types of transmission lines.
c. Alternatively, if the Company s proposed 139-kV transmission line is not a land use
specifically mentioned in the Eagle Zoning ordinance, please identify the "district in which
similar uses are permitted.
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE, IDAHO
8/3/2004
Response to Production Request No. 16:
a. The City interprets 138-kV transmission lines to be a "public service facility , included in
the zoning ordinance.
b. There is no City Code section that permits these lines, rather it requires the approval of a
conditional use permit as shown in section 8-3 of the Eagle City Code.c. Section 8-3 (C) of the Eagle City Code is instrumental in understanding the permitted
uses in the various zones, it reads as follows:
If "P" appears, the use is an allowed use; if "C" appears, the use is only allowed upon the
issuance of a conditional use permit and/or a development agreement upon rezone to an MU
or BP zoning designation; if no letter appears the use is prohibited.
Under 8-3 , "public service facilities" require a conditional use permit in all zones.
The City is entitled to deference in interpreting its own ordinances. See J R. Simp/of Co.
v. Canyon County Board of Commissioners 128 Idaho 479 , 915 P.2d 709 (1996).
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom 1. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No. 17: Page 3 of 13 of Exhibit 119 to the City's direct
testimony in this case lists "Transmission Power Line" in the "Land Use" section of the table
located on that page. Please explain (a) the purpose of the "land Use" section of that table and (b)
whether reference to a transmission power line in the "Land Use" section of that table is intended
to imply that transmission lines are permitted uses in those zoning districts identified in the
Zoning Designation" column of that table.
Response to Production Request No. 17:
a. The purpose of the "land use" section of the table is to describe to the reader the proposed
use in the application and to describe the uses on properties abutting the proposed use.
b. The table is prepared to give a quick comparison of land uses on abutting properties as
compared to what has been proposed by the applicant. In no way was the inclusion of the
words "transmission power lines" intended to convey a permitted use or create a land use
designation outside of the Eagle City Code.
The City is entitled to deference in interpreting its own ordinances. See J R. Simp/of Co.
v. Canyon County Board of Commissioners 128 Idaho 479 915 P.2d 709 (1996).
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE, IDAHO
8/3/2004
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No. 18: Please provide a copy of the "Eagle Area Idaho Power
Facilities Map" referenced on page 10 of the City's 2000 Comprehensive Plan, as amended on
February 16 2004.
Response to Production Request No. 18:
See the map attached hereto as Exhibit 136.
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No. 19: Please produce any correspondence, papers, meeting
tapes or similar documentation' to substantiate Mayor Merrill's testimony on page 5 , lines 5-
that in 1995 the Idaho Power poles were allowed by the City "because promises were made that
these would be the only completing circuit that Eagle would ever need.
Response to Production Request No. 19:
Please see the Eagle City Council Meeting Minutes of January 9, 1996, attached hereto as
Exhibit 131 , and the Planning and Zoning Meeting Minutes of December 4, 1995 , attached
hereto as Exhibit 137.
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No. 20: Please provide a copy of any correspondence between
the City of Eagle and Blank and Veatch or any written requests made by the City to Black &
Veatch that describe the nature, purpose and extent of the study that the City requested that Black
& Veatch conduct on the City s behalf concerning evaluation of "the costs and feasibility
constructing an underground 138-kV line" as referenced on page 6, line 13, of Mayor Merrill'
direct testimony.
Response to Production Request No. 20:
Please see the correspondence with Black & Veatch, attached hereto as Exhibit 138.
CITY OF EAGLE'S RESPONSE TO 11 8/3/2004
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE, IDAHO
The Response to this Request was prepared by Mayor Nancy Merrill and City Zoning
Administrator, William Vaughan in consultation with Susan E. Buxton and Ransom J. Bailey,
Attorneys for the City of Eagle.
IPC Production Request No. 21: Pike Teinert asserts in his direct testimony on pages
9 that Idaho Power could have managed the growth at the Eagle Substation and in Star, Idaho
using demand side management programs such that the Company could have deferred or avoided
the capacity upgrade to the Eagle/Star 69-kV line. Please identify, with particularity, the
programs that the Company could have implemented and the quantity of energy the Company
could have allegedly saved by implementing each of those programs. Please provide the
calculations and bases for any estimates of energy savings.
Response to Production Request No. 21:
Mr. Teinert's direct testimony on pages 8 and 9 is that the Company could have managed
the growth at both Eagle and Star substations with demand side programs and deferred or
avoided the capacity upgrade to the Eagle/Star 69kV line (emphasis added).
Exhibit No 110 Idaho Power s 2003-2005 DSM Business Plan calculates energy savings
for existing and potential DSM programs on pages 17, 18 and 19.
Additionally, Idaho Power is a member of the Northwest Energy Efficiency Alliance and
benefits from its energy efficiency programs. Energy savings benefits from these programs are
not included in the energy savings noted on pages 17, 18 and 19 of Idaho Power s 2003-2005
DSM Business Plan.As contained in Exhibit No. 111 , the Northwest Energy Efficiency Alliance
2001 Market Activities Report includes the following Residential programs and quantifies their
energy savIngs:
Energy Star Windows
Energy Star Residential Lighting
Energy Star Resource-Efficient Clothes Washers
Energy Star Home Products
Performance- Tested Comfort Systems
Also, Idaho Power has implemented an AMR/TOU pilot program in its service area.
Although Eagle and Star are not included in the pilot program, Exhibit No.09 includes a
Residential Time-of-Use Pricing Viability Study that calculates estimated savings on pages 21
24 and 29.
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE, IDAHO
8/3/2004
The Response to this Request was prepared by Pike Teinert in consultation with Susan E.
Buxton and Ransom J. Bailey, Attorneys for the City of Eagle.
IPC Production Request No. 22: Please produce any information or references that
Eagle Witness Teinert can provide concerning the documented percentage of existing residential
loads that other utilities in practice have reduced by applying demand side management programs
to those loads.
Response to Production Request No. 22:
The California Public Utilities Commission summarized 2001-2003 Energy Efficiency
and Conservation Programs in California and produced a presentation overview of 200 1 yearly
energy savings. The document is attached as Exhibit 139 and responds to this production
request.
The Response to this Request was prepared by Pike Teinert in consultation with Susan E.
Buxton and Ransom J. Bailey, Attorneys for the City of Eagle.
IPC Production Request No. 23: For any information or references provided in
response to Request No. 22, please provide information on the cost, on a dollar per megawatt
basis, for the referenced utilities to implement the demand side management programs identified.
Response to Production Request No. 23:
See Response to Production Request No. 22.
The Response to this Request was prepared by Pike Teinert in consultation with Susan E.
Buxton and Ransom 1. Bailey, Attorneys for the City of Eagle.
IPC Production Request No. 24: Please describe how aluminum conductor steel
supported cable (ACSS) referred to by Eagle Witness Teinert in his direct testimony on page 17
lines 1-, reduces voltage drop' in comparison to aluminum conductor steel reinforced cable
(ACSR) of similar size and with identical loads as asserted by Witness Teinert on page 17, lines
, of his direct testimony.
Response to Production Request No. 24:
Mr. Teinert's direct testimony on page 17 lines 9-11 states that
, "
ACSS could reduce
voltage drop and significantly increase the capacity of the Caldwell-Lansing 69kV line to
adequately serve the Star substation.
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE , IDAHO
8/3/2004
Exhibit 118, beginning on the first page, under Trapezoidal Shaped Aluminum Wires:
explains that "Replacing the round wires with wires of a trapezoidal shape created a more
compact conductor of equal metal area having a smaller overall diameter and less void space at
the strand indices." Additionally, "(t)he equal diameter design provides a conductor with all the
advantages of the equal area design but with increased aluminum area. With only a modest
increase in weight, the cable exhibits reduced resistance, increased current carrying capacity, and
increased strength.
ACSS with reduced resistance versus ACSR of similar size and identical load would
therefore exhibit less voltage drop.
The Response to this Request was prepared by Pike Teinert in consultation with Susan E.
Buxton and Ransom J. Bailey, Attorneys for the City of Eagle.
IPC Production Request No. 25: Please clarify whether Eagle Witness Teinert's seven-
year affiliation with EPRI was primarily in research, development and detailed engineering or in
sales management.
Response to Production Request No. 25:
Mr. Teinert's direct testimony in "Appendix A" details his seven years with EPRI
including his positions as an EPRI client relations account manager. This position required
understanding of engineering and technology problems and finding advanced technology
solutions or coordinating development of the R&D to create solutions. In this capacity, EPRI
client relations account manager position requirements include engineering degrees, postgraduate
degrees and several years experience in the electric utility industry. Annual goals were quantified
in R&D membership collaborative and technology application project dollars and referenced as
sales
" .
Mr. Teinert held an account manager s position for approximately six year s and was
employed for approximately one year as a Regional Operations Manager.
The Response to this Request was prepared by Pike Teinert in consultation with Susan E.
Buxton and Ransom J. Bailey, Attorneys for the City of Eagle.
IPC Production Request No. 26: Please produce copies of the 1992 University of
Toronto and the 1995 Hamilton and Schwann studies referenced by Eagle Witness Reading on
page 6 of Dr. Reading s direct testimony.
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE, IDAHO
8/3/2004
Response to Production Request No. 26:
Attached please find the following documents:1.) Stanley W. Hamilton and Gregory M. Schwann Do High Voltage Electric
Transmission Lines Affect Property Value?Land Economics, Nov. 1995.
Attached hereto as Exhibit 140.
Murtaza Haider and Antoine Haroun Impact of Power Lines on Freehold
Residential Property Values in the Greater Toronto Area, Department of Civil
Engineering, University of Toronto. Attached hereto as Exhibit 141.
The Response to this Request was prepared by Dr. Don Reading in consultation with
Susan E. Buxton and Ransom J. Bailey, Attorneys for the City of Eagle.
IPC Production Request No. 27: Were the studies referenced in Request No. 26
conducted in urban or rural areas?
Response to Production Request No. 27:
The Hamilton and Schwann article used data from the metropolitan Vancouver, BC
Canada area. The Haider and Haroun study used data from the Greater Toronto, Canada area.
The Response to this Request was prepared by Dr. Don Reading in consultation with
Susan E. Buxton and Ransom J. Bailey, Attorneys for the City of Eagle.
IPC Production Request No. 28: Eagle Witness Reading testifies in his direct
testimony on page 9 , lines 6-, that "because the proposed line will impact the entry corridors to
the City it may well have an impact on potential development." Please quantify the extent to
which the presence of the proposed 138-kV transmission line will impact development along the
City s entry corridors.
Response to Production Request No. 28:
There were no "quantification" studies undertaken to measure the impact. Nevertheless
as discussed in Dr. Reading s direct testimony, new "footloose" industries want to locate where
the quality of life is important.
The Response to this Request was prepared by Dr. Don Reading in consultation with
Susan E. Buxton and Ransom J. Bailey, Attorneys for the City of Eagle.
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE, IDAHO
8/3/2004
DATED at Boise, Idaho, this 3rd day of August, 2004.
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE , IDAHO
MOORE SMITH BUXTON & TURCKE
CHARTERED
BY:to-
Susan E. Buxton
Attorney for City of Eagle, Idaho
8/3/2004
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 3rd DAY OF AUGUST 2004, SERVED THE
FOREGOING CITY OF EAGLE'S RESPONSE TO IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO THE CITY OF EAGLE, IDAHO, IN CASE NO.
IPC-04-, BY MAILING A COpy THEREOF, POSTAGE PREPAID, TO THE
FOLLOWING:
Mr. Don Howell
Idaho Public Utilities Commission
472 West Washington Street
Boise, ID 83720-0074
S. Mail
Facsimile
Hand Delivered
Overnight Mail
Monica B. Moen
Barton L. Kline
Idaho Power Company
O. Box 70
Boise, Idaho 83707-0070
S. Mail
Facsimile
Hand Delivered
Overnight Mail
City of Eagle
O. Box 1520
Eagle, Idaho 83616
S. Mail
Facsimile
Hand Delivered
Overnight Mail
B. Newel Squires
Mary V. York
Holland & Hart, LLP
Suite 1400, U.S. Bank Plaza
101 S. Capitol Blvd.
O. Box 2527
Boise, ID 83701
S. Mail
Facsimile
Hand Delivered
Overnight Mail
Eagle River, LLC
c/o Ennis Dale
485 E. Riverside Drive
Eagle, ID 83616
S. Mail
Facsimile
Hand Delivered
Overnight Mail
CITY OF EAGLE'S RESPONSE TO
IDAHO POWER COMPANY'
FIRST PRODUCTION REQUEST TO
CITY OF EAGLE , IDAHO
Susan E. Buxton
Attorney for City of Eagle, Idaho17 8/3/2004
Case No. IPC-04-
Exhibit 128
January 30, 2004
Idaho Power s own depiction of the proposed poles
submitted as evidence of the disastrous
effect of the large power poles.
MAPS WERE INCLUDED IN THIS
FILING ARE IN THE FILE
Case No. IPC-04-
Exhibit 129
January 30, 2004
Idaho Power s own depiction of the proposed poles
submitted as evidence of the disastrous
effect of the large power poles.
MAPS WERE INCLUDED IN THIS
FILIN G ARE IN THE FILE
Case No. IPC-O4-
Exhibit 130
Eagle Comprehensive Plan in effect in 1995
TABLE OF CONTENTS
PURPOSE AND SCOPE..........................................
HAZARD AREAS. . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PARKS, RECREATION, AND OPEN SPACE..........................
S P E C I AL AREAS 0 R SIT E S . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
NATURAL RESOURCES..........................................
TRAN"SPORTATION. . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
HOUS ING.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. 21
CO~UNITY DESIGN...........................................
LAND USE. . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
POPULATION.................................................
ECONOMI C DEVELOPMENT.......................................
PUBLIC SERVICES, FACILITIES AND UTILITIES.
. . . . . . . . . . . . . . .
.. 33
IMPLEMENTATION.............................
................
AMENDING THE COMPREHENS IVE PLAN............................
LAND USE DESIGNATION MAP. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
.. 40
PATHWAY PLAN MAP. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
FLOODPLAIN MAP. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
PURPOSE AND SCOPE
The 1993 revision of the Eagle Comprehensive Plan is the logicaltransi tion from the original plan adopted by the Ci ty in January1978. This revision was developed by the Eagle Planning and Zoning
Commission in close coordination wi th the Eagle Ci ty Councilutilizing the guidelines set forth in the State "Local Planning Actof 1975" as amended:
67-6502 :PURPOSE--The purpose of this act shall be to promote the
heal th, safety, and general welfare of the people of theState of Idaho.
PURPOSE OF THE CITY OF EAGLE COMPREHENSIVE PLAN
To protect property rights and enhance property values.
To ensure that adequate public facili ties and services areprovided to the people at reasonable cost.
To ensure that the economy of the Ci ty and its Impact Area is
protected and enhanced.
To ensure that the important environmental features of theCi ty and its Impact Area are protected and enhanced.
To encourage the protection of prime agricultural , forestry,
and mining lands for production of food, fibre, and minerals.
To encourage urban and urban-type development wi thin theincorporated Ci ty limi ts of Eagle that is in harmony wi th therural character of the area.
To avoid undue concentration of population and overcrowding ofland.
To ensure that the development of land is commensurate wi
the physical characteristics of the land.
To protect life and property in areas subj ect to natural
hazards and disasters.
To protect fish, wildlife, and recreation resources.
To avoid undue water and air pollution.
To allow local school districts to participate in the
communi ty planning and development process so as to address
public school needs and impacts on an ongoing basis.
To Develop and enhance the Boise River Greenbel t, river trailsand pathways wi thin the Ci ty and its Impact Area.
The Eagle Comprehensive Plan and "Land Use Designation Map " areimportant legal documents to be used by the general public and byCi ty officials to determine the feasibili ty of future development,and to provide for uniform land use decisions. It is intended thatthis plan will allow for the orderly growth of the Ci ty and itsImpact Area, leading eventually to a self-sufficient Ci ty thatprovides jobs, housing, commercial and retail services for allresidents of the Ci ty and the Impact Area. Eagle Ci ty ordinancespertaining to zoning shall conform wi th this plan.
Definitions
Ci ty: Whenever the word "Ci ty" is used it shall mean Ci ty of Eagle,Ada County, Idaho.
Impact Area: Whenever the words " Impact Area " are used it shallmean the Ci ty of Eagle Impact Area.
HAZARD AREAS
The 100-year floodplain of the Boise River and Dry Creek, as nowand in the future defined by the Federal Emergency ManagementAssociation maps, constitutes the natural hazard areas within theCi ty and Impact Area. Addi tional hazard areas may be added to the
Comprehensive Plan when deemed necessary.
The Ci ty considers a floodplain to consist of two parts: (1) thefloodway which is the most severe part of the floodplain at the
time of flooding characterized by deep and fast moving water , and(2) the floodway fringe which is less severe than the floodway and
characterized by more shallow , slower moving waters at the time offlooding.
The Dry Creek floodplain has potential for flash flooding while the
Boise River can flood due to seasonal weather condi tions.
POLICIES AND GOALS
1. To protect the heal th and safety of Eagle residents while
offering varied open space uses.
2. Whenever possible the existing natural floodplain of the Boise
River and Dry Creek should remain in a natural state as a
greenbel t, wildlife habi tat, agricul tural open space andrecreation-nature areas.
3. Special drainage studies, for those areas within the 100 yearfloodplain, and any other areas deemed necessary by the Ci ty,
may be required before any development will be approved. Thisis to facili tate the orderly development and the preservation
of downstream or downflow properties.
4. The Ci ty encourages area wide drainage studies and the Ci
may require implementation and construction of storm drainsystems.
5. No manufacturing or storage of toxic, flammable or explosive
material shall be permi tted in the floodplain.
6. Industrial uses other than sand and gravel extraction will not
be permi tted in any portion of the floodplain.
IMPLEMENTATION
1. The Ci ty shall evaluate the adoption of a River and StreamSystem Management Ordinance to address the use and
preservation of land within the natural floodway of the 100
year floodplain of the Boise River and Dry Creek.
PARKS~ RECREATION~ AND OPEN SPACES
Parks, recreation and open spaces deals wi th the places andfacilities for the enjoyable use of leisure time and provisions for
attractive open spaces.
Open space is land which is not used for
and offers opportunities for parks, rc~
greenbel t-ri ver trails and patnp-
potential economic develr
to open space will greatl
influence and future deve
buj 1 rJ -structures
ameni ties,
ursuits and
s relating
s area of
POLICIES AND GOALS
1 .diverse
~'
ational
\\
lnd age
~'---
t.-
~\
i urban
i;/ "I':" lI~ ~uLe amount
~, greenbelt-river
c;L'S, floodplains, wooded
To create ample areas
indoor and outdoor par
To encourage the dev
programs which meet th~levels of our ci tizens areas.
3 .To set aside for perpetua
of open space such as nattrailcreeks, drainageareas and viewpoints.
4 .Developers shall be encouraged to dedicate and develop areas
for parks or tot lots in new residential developments.
When deemed necessary The Ci ty shall require densi ty transfers
where urban development parcels lie partly in areas that areunsui table for development such as hazard areas, steep slopes,unstable soils or where it is desirable that there provisions made for open space that is adj acent to urbandevelopment.
To encourage development of a bike path system which wouldrelieve motorized transportation routes and connect parks,recreation , and open space areas.
7 .Open space should be utilized: (a) to protect the fini resource base of Eagle environment - air water, soil
surface waters, forested areas, plant and wildlife habitats,agricultural areas, and aquifer recharge and water shed areas;(b) to protect against hazards that are inherent to
floodplains, steep slopes, areas of geological instabili ty,
airport approach and takeoff areas and to preserve the natural
lay of the land; (c) to protect such unique environmental
areas as historical , geological, and archaeological sites andmonuments, and important views, vistas and panoramas; and,(d) to provide an open space setting for active and passiverecreation.
SPECIAL AREAS OR SITES
Special Areas or Si tes " are defined as areas, si tes or structuresof historical archaeological, archi tectural , ecologicalscenic significance. Special areas or si tes wi thin the Impact Areashould be analyzed according to their defined function. Wheneverpossible, these si tes should be preserved and conserved as openspaces or for educational and cuI tural centers. Development ofSpecial Areas or Si tes should take place in a manner that reflects
harmony wi th their natural environment and recognized quali tieswhich render them distinctly unique.
POLICIES AND GOALS
1. To promote the conservation and efficient management of allSpecial Areas and Si tes in addi tion to open space naturalresources wi thin the Impact Area.
2. To protect and maintain soil , water , air , and other natural
resources so that they may be used and enj oyed by all.
3. To protect and improve natural and man-made waterways andpreserve their natural resource and recreational value.
4. To preserve existing trees and natural growth wherever
practicable and establish appropriate landscaping as a part ofnew developments.
5. To encourage the provision of habi tat areas which provide for
fish and wildlife.
6. To protect historical and geological si tes or monuments and
archaeological areas in the Impact Area.
7. To conserve and maintain all desirable fish and wildlifespecies and habi tats particularly along the Boise River andDry Creek. Developmental and governmental programs whichprovide for fish and wildlife conservation shall encouraged. When addi tional public access to designatedspecial areas is required, such access shall cause minimum
disturbance to the present land use.
8. To require developers to prepare and submi t an environmental
assessment and any such addi tional reports as the Ci ty mayfrom time to time require, to the Planning and ZoningCommission, and the Ci ty Council for any development of
principle use on vacant land wi thin an area designated as aSpecial Area or Si te or for any development impacting a
designated Special Area or Si te.
....
9. To require a plan for the restoration of land which shall be
made available to the Planning and Zoning Commission and Ci Council for each parcel of land located wi thin a Special Areaor Si te that is proposed for the extraction of sand, gravelrock, or other mineral resource.
RECOGNIZED SPECIAL AREAS AND SITES
Boise River Floodplain:
The Boise River Floodplain is designated as a Special Area due to
its ecological and scenic significance. This area comprises thetwo channels of the Boise River and intervening and immediatelyadj acent areas as generally depicted on the Comprehensive Plan LandUse Designation Map.
Dry Creek Floodplain:
The Dry Creek Floodplain is designated as a Special Area due to itsecological and scenic significance. This area comprises the length
of the Dry Creek Floodplain through the Impact Area.
North Foothills:
The North Foothills Area is designated as a Special Area due totopographic, ecological and scenic significance. This areacomprises all of the Impact Area north of Beacon Light Road
depicted on the Comprehensive Plan Land Use Designation Map.
The Boise River Floodplain , the Dry Creek Floodplain, and the NorthFoothills possess a recognized function as a wildlife habitat,floodway and scenic natural resource reflective of Eagle s ruralcharacter. These special areas will require comprehensive and
specific planning to ensure that such topographical, hydrological,ecological , and scenic concerns have been thoroughly addressed and
incorporated into any engineering and development plans. The
special review process will include, but will not be limited to thefollowing:
1. Area wide drainage including hillsides, foothills and gulches2. Water quali
3. Sani ta tion
4. Area-wide traffic plans
5. Pathway, trail access
6. Wetlands issues
7. Fish and wildlife habi tat
8. Existing trees and natural features
9. River and creek greenbel t areas
10. Potential for permanent open space and natural preservesincluding steep hillside terrain, rock outcroppings, and
foothill gulches
Eagle Island State Park:
The Eagle Island State Park is designated as a Special Area due to
its ecological and scenic significance. This park is a state parkand is therefore under the jurisdiction of state authori ties.
State Street Corridor:
The State Street Corridor is designated as a Special Area due toits historical , archi tectural and scenic significance. This areaincludes properties which abut or which are wi thin 300 feet of theState Street right-ot-way between Old State Highway 55 andBallantyne Lane as depicted on the Comprehensive Plan Land UseDesignation Map.
Central Business District:
The Central Business District is recognized as a Special Area due
to its historical and architectural significance. The CentralBusiness District includes properties at and near the intersectionof State Street and Eagle Road and along the east and west sides of
Eagle Road between State Street and the Highway 44 al ternate routeas depicted on the Comprehensive Plan Land Use Designation Map.
The State Street Corridor and the Central Business Districtperforms a recognized function as a communi ty resource, reflectingEagleidenti ty and heri tage. This area requires an ongoingstewardship by the Ci ty as a means of sustaining the cuI tural andeconomic welfare of the communi ty. These special areas willrequire comprehensi ve and specific planning to ensure that suchhistorical, cultural , and aesthetic concerns have been thoroughly
addressed and incorporated into any future development plans. Thespecial review process will include, but will not be limited to,the following:
1. Complementary land use2. Historical buildings or si tes
3. Compatible, harmonious building designs
4. Landscaping
5. Signage
6. Vehicle access and traffic circulation
7. Sidewalks, pathways and pedestrian access
8. Undergrounding utili ties
9. Street lighting
10. Recogni tion of Central Business District as the
commercial hub of theJ communi ty
POLICIES AND GOALS
1. The Ci ty shall encourage and support the establishment of
special zoning classifications or zoning overlay districts asa means to help manage and preserve the quali ties, resources,
and assets of special areas.
-...
2. The Ci ty shall study and consider for adoption a River andStream System Management Ordinance to regulate and controlFloodway and Floodway Fringe development, wetlands, wildlife
habitat and provisions for greenbelt amenities.
3. The Ci ty shall support surveys and research to help identify
local historic properties.
4. The Ci ty shall evaluate, the designation ofBusiness District as an historic district.the Central
5. The City shall evaluate a Land Use Master Plan for thedowntown area to insure complementary land development,adequate vehicle and pedestrian movement and parking whilerecognizing that the Central Business District is thecommercial hub of the communi ty.
6. To establish by ordinance, a process for development anddesign review to insure compatible harmonious designs buildings and to create a sense of beauty and pride that will
help Eagle become a more attractive place to live and to shop.
NATURAL RESOURCES
An important part of the Ci ty and the Impact Area is in the BoiseRi ver and Dry Creek floodplain. This area contains importantnatural resources including wildlife, fish and water. The wildlifeincludes many different mammals such as red fox, beaver, raccoon,badger, skunk, muskrat, cottontail and jack rabbits, ground
squirrels and numerous varieties of rodents. There is also a wide
variety of songbirds, upland game birds and shore birds.
Significant populations of duck pheasant and geese make up a large
part of this variety of bird life.
The soils of the region consist of at least nine (9) major serieswi th numerous subsidiaries of each soil type as defined by the U. S.Soil Conservation Service. While numerous minerals are lacking,
there are deposits of sand and gravel.
Special concern and attention must be given to fish and wildlifewhen implementing planning and zoning decisions.
POLICIES AND GOALS
1. To preserve and protect fish wildlife and agricul tureinterests, open space and recreation-nature areas the
floodplain of the Boise River and Dry Creek area shall be
encouraged in future development plans.
2. Special emphasis shall be given to the preservation of fishwildlife, agriculture, open space and recreation-nature areas
in the implementation of any planning and zoning decisions.
IMPLEMENTATION
1. The Ci ty shall evaluate the adoption of a River and StreamSystem Management Ordinance to address the use and
preservation of land within the natural floodway of the 100
year floodplain of the Boise River and Dry Creek.
TRANSPORTATION
Transportation planning and land use planning shall be compatiblewi th Eagle s transportation system and shall be based on proj ectedland use as depicted on the Eagle Land Use Map. The Ci ty responsible for comprehensive planning wi thin the Impact Area. For
development that falls outside the Impact Area and the authori ty ofthe Ci ty, the Eagle Planning and Zoning Commission shallcoordinate wi th the appropriate comprehensive planning agencies toinsure an efficient transi tion of transportation facili ties to andfrom the Ci ty.
The Ci ty existing network of roadways represents only a portion of
the system needed to serve future growth and development. As theCi ty continues to experience growth , population will increase the number of vehicles using the transportation system willincrease. In addi tion to adding new streets and roadways,modifications to the existing routes will be necessary in order to
create a fully integrated, modern , efficient transportation system
that will effectively serve the residents of the Ci ty, the business
communi ty and the travelling public.
POLICIES AND GOALS
1. To classify roadways on the Functional Street ClassificationMap in order to maintain conformi ty to land useclassifications as delineated on the Land Use Designation Map.
2. To integrate all modes of travel including automobiles,
trucks, buses, vans, bicycles and pedestrians, to support air
quality improvement measures.
3. To encourage that roadway design standards are consistent wi the State, County, Metropolitan Planning Organization (MPO)
and other agencies responsible for roadway design.
4. To require that safety design systems are integrated into allschool si tes and recreation areas, including such items assignalization, sidewalks, and alternate traffic patterns.
5. To require that new developments provide for pedestrian,
equestrian and bicycle circulation in accordance wi th adopted
local and regional pathway plans.
6. To limi t direct access to arterial and collector roadways fromresidential lots.
7. To promote a controlled method of access for State Highway between Old Highway 55 and Ballantyne Ln including
such things as requiring driveway separation standards, shared
....
access, roadways and frontage streets.
8. To evaluate the impact to the Ci ty of roadway improvements androadway extensions wi th a particular emphasis on the proposed
improvements to Edgewood Lane, the proposed extension ofCloverdale Road, and the intersection of State Street andAl ternate Route 44.
9. To evaluate the impact and access limi tations on existingproperties resulting from the proposed modifications to
Alternate Route 44. All new developments along the south sideof State Street and in the vicini ty of Al ternate Route shall be evaluated to determine the impact on access andtraffic flow.
10. To identify two new collector roadways. The first is planned
west of Eagle Rd, south of Mace Rd, and opposi te the collectorroad in Island Woods Subdivision (E. Island Wood Dr.Thisroadway will loop back into Eagle Road. The second newcollector roadway is planned east of Eagle Rd. and will
consist of the current E. Island Wood Dr. wi thin Island Woods
Subdivision and is planned to tie in with Chinden Blvd. to thesouth.
11. The Ci ty shall become involved in any regional or long range
planning process for transportation that impacts the City.
12. To require annual review of transportation priori ties
include roadway widening, signalization and other improvementsin concert wi th the Transportation Improvement Program (TIP)
for roadways wi thin the Impact Area.
13. To promote early right of way acquisi tion for roadway system
improvements outlined in the current Transportation Plan and
Needs Assessment for Northern Ada County.
14. To require new developments wi thin the Impact Area to providethe Ci ty wi th engineering studies or statements of impact onstorm drainage systems and to provide that any necessaryimprovements or addi tions are made to such systems.
15. To encourage street lighting wi thin the Eagle Impact Area to
increase roadway and neighborhood safety.
16. To encourage off-street parking si tes and facili ties on all
arterial streets and to discourage all on-street parking on
all arterial streets.
17. To require that new developments within the City or Impact
Area provide a traffic impact study to the Ci ty. These studiesshall include, but not be limi ted to, potential impacts to
existing traffic patterns, suggested roadway widths, access
to existing & proposed roadways, signalization, location andneed for intersections, turn lanes, and bus stops. addi tion the traffic impact study should address parking andpedestrian traffic. Implementation of any trafficrequirements by the Ci ty shall be dependent upon approval fromthe Ada County Highway District (ACHD) and/or the IdahoTransportation Department (ITD). No developments will bepermi tted to start until all approvals have been obtained.
18. To establish and require minimum setbacks between developmentand roadways and to encourage installation of berms andlandscaping for all developments to enhance safety and
enrich the roadway and communi ty appearance.
The transportation system of the Ci ty should recognize and place
equal emphasis on roadways which are to accommodate the motorizedtransportation needs of trucks, farm equipment, buses andautomobiles and pathways intended for non-motorized use
accommodate pedestrians, bicycles, and equestrian needs.
CITY OF EAGLE FUNCTIONAL STREET CLASSIFICATION
A roadways system must include a number of streets, each of which
are designated to handle a particular type and amount of traffic.The 2010 Functional Street Classification Map illustrates thevarious classifications which are included in the roadway system.The Functional Street Classification System and any addi tionalrequirements pertinent to the Ci ty are described as follows:
PRINCIPAL ARTERIAL
Mobility Function:To provide major circulation and movementthrough urban areas and connect wi th maj oracti vi ty centers and freeways. May servemotorized and non-motorized transportationneeds.
Access Function:Access from other roadways is controlled and
subordinate to traffic on the principlearterial street.
Right-of-Way:Eighty feet minimum for principle arterial
streets or ninety-two foot minimum to include
pathway/bike lane improvements.
Roadways identified as Principal Arterials in the Impact Area are:
Roadway
Eagle Rd.
Segment of Roadway
Eagle Al t. Route south to Chinden Blvd.(Hwy 20)
Eagle Al t. Route Eagle Rd. eastconnection Edgewood/State St.
Highway East end of Eagle Al
Impact Area Boundary
Route east
Highway 55 State St.boundary (Hwy 44) north to Impact Area
MINOR ARTERIAL
Mobility Function:To connect wi th and augment the principalarterial system. May serve motorized and non-
motorized transportation needs.
Access Function:Access to other roadways is less restrictive
and more significant than principal arterials.
Right-of-Way:Sixty-six feet minimum for a minor arterialstreets or seventy-eight feet minimum for
roadways designated to include pathway/bike
lane improvements.
Roadways identified as Minor Arterials in the Impact Area are:
Roadway Segment of Roadway
Ballantyne Ln. east to Eagle Rd.Eagle Rd. Alt. Route
Eagle Rd.Eagle Rd. Al t. Route north to FloatingFeather Rd.
Floating Feather Rd.Linder Rd. east to Hwy 55 (realigned)
Highway West Impact Area boundary east
Edgewood/East end of 44 Alt. Route
Hwy 55 (realigned) east to East Impact
Area boundary
Hill Rd.
MAJOR COLLECTORS
Mobility Function:To provide traffic circulation betweenresidential, commercial and industrial areas
and to access the arterial roadway system.May serve motorized and non-motorizedtransportation needs.
Access Function:To provide controlled access to commercial andindustrial areas and to residential
Right-of-Way:
neighborhoods.
Sixty feet minimum for major collectors orseventy-two feet minimum for roadwaysdesignated to include pathway/bike laneimprovements.
Roadways identified as Major Collectors in the Impact Area are:
Roadway
Beacon Light Rd.
Eagle Rd.
Hill Rd.
Hwy 55 (old)
Linder Rd.
Ballantyne Ln.
MINOR COLLECTORS
Mobili ty Function:
Access Function:
Right-of-Way:
~ment of Roadway
Hwy 16 east to Hwy 55 (realigned)
Floating Feather Rd. north to Beacon Light
Rd.
Edgewood Ln. east to Hwy 55 (realigned)
State St. (Hwy 44)realigned)north to Hwy
Beacon Light Rd. south to Chinden Blvd.(Hwy 20)
State St. (Hwy 44) north to Beacon Light
Rd.
To provide traffic circulation betweenresidential neighborhoods, commercial andservice areas that represent shorter triplengths afforded by Major Collectors.
To provide controlled access to commercial andservice areas and to residentialneighborhoods.
Sixty feet minimum for minor collectors orSeventy-two feet minimum for roadways
designated to include pathway/bike laneimprovements.
Roadways identified as Minor Collectors in the Impact Area are:
Roadway
Edgewood Ln.
Segment of Roadway
State St. (Hwy
Fea ther Rd.
44)north Floa ting
LOCAL ROADWAYS
Mobility Function:To connect residential neighborhoods wi th thecollector and arterial roadway system.Designed to discourage continuous unobstructed flow of traffic through
residential neighborhood.
Access Function:To provide access to residential property andindi vidual residential lots.
Right-of-Way:Fifty feet minimum
All roadways not classified
considered local roadways.arterials collectors are
CITY OF EAGLE FUNCTIONAL P A THW A Y CLASSIFICATION
An effective, pathway system should include a combination of Paths,Lanes, and Routes. The Pathway Map illustrates the various
classifications which are included in the pathway system anddescribed as follows:
PATHS
Function:To provide for recreation and al ternativetransportation; important to provide safecontinuous thoroughfares wi th minimal cross flow ofvehicular traffic.
Right-of-Way:Paths may be located on separate corridors such utility easements, irrigation canals, or adjacent
to rivers or creeks. Paths may be located along
roadway right-of-ways and are usually separated
from vehicle travel lanes and the paved section of
the roadway by a median or sidewalk.
Paths identified on the Pathway Classification Map include:
Path Segment
Chevron Pipeline In the Ci ty limi ts or Impact Area
Both sides of the North Channel and
the South Channel
Boise River
Boise River Tributaries Along Dry Creek
Irrigation Canals Along canal maintenance and access
roads where feasible
Bridle Paths
BIKE LANES
Function:
Right-of-Way:
Select locations primarily north of
Beacon Light Rd. and along Dry Creekbetween Highway 55 and the Boise
Ri ver.
To serve as a vehicle lane for the exclusive use of
bicycles; primarily used as a mode of al ternati vetransportation.
Bike Lanes exist on the same pavement surface
motorized lanes. They require 4-6 feet for each
lane and one lane is required for each direction oftravel.
Bike Lanes identified on the Pathway Classification Map include:
Bike Lane
Beacon Light Road
Floating Feather Road
Segment of Roadway
Linder Rd. to old HWY 55
State Street
Meridian Road
Ballantyne Ln.
Eagle Road
Edgewood Lane
Hi 11 Road
Old HWY 55
ROUTES
Function:
Linder Rd. to old HWY
Linder Rd. to old HWY 55
State St. to Beacon Light Rd
State Street
Beacon Light Rd.
Chinden Blvd.
Beacon Light Rd.
Mile North
1 Mile North of
State St. to Floating Feather Rd.
Edgewood Lane to old HWY 55
State St. to Beacon Light Rd.
To provide shared motorized and non-motorizedtransportation. Routes include sidewalks for
pedestrians and shared use of the paved section ofthe roadways for bicyclists. Bike ways areidentified by signs. Routes work best on localresidential streets and as connections
neighborhoods, schools, commercial , or recreationalareas.
Right-of-Way:Routes exist on roadways as separate pavedsurface in the case of sidewalks or on the same
pavement surface in the case of bike routes.
Routes identified on the Pathway Classification Map include:
Rou te Segment of Roadway
Residential Neighborhoods
Schools
Any local roadway
Any local roadway identified as a
safe route to school
IMPLEMENTATION
1. The Subdivision Ordinance, the Zoning Ordinance, andtransportation policies approved by the Ci ty Council shall
provide the necessary regulations and development standardsfor implementation of Eagle transportation goals andpolicies.
2. The Ci ty shall establish a Transportation Task Force for the
purpose of reviewing and identifying community transportation
needs and modifications on an annual basis and coordinatingtransportation efforts wi th appropriate County, Statetransportation agencies and the Metropoli tan Planning
Organization (MPO)
HOUSING
The dominant characteristics of the Ci ty and the Impact Area arethose related to rural transi tional and residential use. Thebalance between those two characteristics is an important ' goal.
POLICIES AND GOALS
1. A wide di versi ty of housing types and choice between ownershipand rental dwelling uni ts shall be encouraged for all incomegroups in a variety of locations sui table for residentialdevelopment.
2. The location of all housing shall be coordinated wi provisions for adequate public facili ties and services.
3. Development of housing for all income groups close
employment and shopping centers shall be encouraged.
4. Housing shall be encouraged which is in accordance wi th local
building codes and provides for energy saving design.
5. An open housing market shall be encouraged for all personsregardless of income, race, age, sex, religion or ethnicbackground.
6. The use of materials and techniques that will maintain a high
level of quali ty while lowering cost and speeding construction
shall be encouraged.
IMPLEMENTAT I ON
1. The City s "Land Use Designation Map shall reflect
opportuni ty for a di versi ty of housing types and residential
densi ties in a variety of locations sui table for residentialdevelopment.
COMMUNITY DESIGN
Communi ty design is the organized fashion in which a communi ty is
developed in order that a general mood or theme is established andmaintained.
Elements of the Eagle communi ty design include: (a) ruraltransi tional community wi th a shopping district functioning as the
hub of the community; (b) the Boise River and its floodplain
establishing a natural open space area complete with wildlife,trees, and recreation opportunities; (c) the rolling hills northof the river as an attractive terrace and, (d) a network
canals which crisscross the communi ty.
Presently the dominant features wi thin the Eagle Area, i. e.,floodplain, canal system, etc. are undeveloped and provide
development potential. As Eagle grows, it will be a challenge for
the communi ty to maintain its rural identi ty using these elementsas the basis for communi ty design.
Another aspect of communi ty design deals wi th the more specifictopic of design review which encompasses building design,
commercial signing, landscaping and other aesthetic considerations
for a new development to maintain a rural identi ty.
POLICIES AND GOALS
1. To establish and maintain a development pattern and designcri teria in keeping wi th the rural transi tional identi ty Eagle. This includes growth wi thin the Impact Area that
discourages or precludes the establishment of other Ci centers.
2. The Ci ty limi ts shall be that area as defined by the Land Use
Designation Map.
3. The design of the Commercial Zones, consisting largely ofgovernment, commercial, manufacturing areas, and communi ty
buildings shall conform to Ci ty Ordinances.
4. The floodway shall be reserved as a natural state such
a greenbel t, wildlife habi tat, open space recreational areaand for agricul tural uses.
5. The Ci ty Design Review Ordinance shall set forth cri teria forbuilding design, landscaping, signage and other aestheticstandards. Development along State Street wi thin the ImpactArea and outside the Ci ty limi ts shall be encouraged to comply
wi th the Design Review Ordinance.
6. Developments that would establish or tend to establish another
City center shall not be approved.
7. New residential , commercial , and industrial development shall
be required to meet minimum design standards as specified byCi ty Ordinances.
8. The integration of historic structures should be encouraged
wi thin new developments.
9. Buffer and Transi tion zones
conflicting types of land use.shall developed between
10. The Urban Service Planning Area as defined by the Land Use
Designation Map is established as the prime urban development
area of the Ci ty and Impact Area. Development shall be
allowed in the area on the condi tion that sewer and domesticwater facili ties would be provided to such development as
described by the Water Supply and Sewer Policies of the PublicServices Facili ties and Utili ties section of this Plan.
11. It shall be the policy of the City that all facilities shallbe accessible and all programs and acti vi ties shall be
available to all qualified persons with physical disabilities.
12. To comply wi th federal law, the Ci ty shall undertake anevaluationconducted in consul tation wi th ci tizen groupsinvolving persons wi th disabili ties, of its programs,policies, procedures and facili ties in order to determinethose areas where barriers exist and to work wi th the
community groups to eliminate the barriers to those withdisabilities.
13. The City shall, where building modifications are required,develop and implement a transi tion plan for the timelyelimination of structural barriers to ci tizens wi thdisabilities.
EAGLE TREE PLAN
Goal:
Establish and enhance areas of tree growth that will create beauty,
add to a heal thy environment and increase economic stabili ty.
Objectives:
1. To create an urban forest that will help reduce air and noisepollution, conserve water and reduce soil erosion , assist in
modifying the local climate, increase property values, and
improve Eagle economy by providing a pleasant and morecomfortable place to shop and live.
2. To encourage economic growth by establishing a more invi tingatmosphere for locations of business.
3. To establish a Parks Commi ttee wi th at least one Ci ty official
to perpetuate the plan.
4. To adopt an ordinance to provide for the future care andmaintenance of the trees. Establish a guideline of types and
sizes of trees to be planted.
Policies:
1. Establish an inventory plan to keep track of tree location,age, and desirable planting locations.
2. Establish a recommended maintenance program.
3. Provide a plan to plant 300 or more trees over the years inthe downtown core area, in our Ci ty parks and alongresidential streets. The plan should be implemented in
several phases over a period of time.
LAND USE
Managing growth and channeling it into orderly communi tydevelopment is the key element of land use planning. Unplannedgrowth resul ts in undesirable land use patterns. Areas wi thin theCi ty and wi thin the Impact Area are to be given land usedesignation which shall be depicted on the Comprehensive Plan LandUse Designation Map, hereinafter referred to as "Land Use MapThe Land Use Map shall be considered an integral part of theComprehensive Plan and shall serve in the capaci ty of a planningpolicy document and planning tool that will assist the Ci ty sustaining responsible growth and development to ensure thatevolving land use patterns remain consistent wi th goals, obj ecti vesand policies of this Plan.
Land use designations as reflected on the Land Use Map shall bebased on the existing land use pattern , existing natural physicalfeatures such as the Boise River, Dry Creek and the foothills,floodplain areas, capacity of existing community facilities,proj ected population and economic growth , compatibili ty wi th otheruses of the land, transportation systems, and the needs of localci ti zens.
LAND USE CATEGORIES
Rural Transi tional
Sui table primarily for single family residential development onlarge acreages wi thin agricul tural use areas which are transi tion to residential use and hillside areas characterized by
steep terrain and topographic constraints which are outside of theUrban Services Area. The allowable residential densi ty is no morethan one dwelling uni t per 5 gross acres. This area may also besui table for agricul tural uses such as crops or livestock involving
land comprised of at least 20 contiguous acres or smaller parcels
provided it can be clearly demonstrated that the land will be usedfor a viable commercial agricul tural purpose such as a feed lot,dairy farm, egg farm, or other similar type use.
Very Low Density Residential
Suitable primarily for single family residential development onacreages wi thin agricul tural use areas which are in transi tion toresidential use and are wi thin the Urban Services Area. Typicalresidential densi ties of one dwelling uni t or fewer per two grossacres. This area may also be sui table for agricul tural uses such ascrops or livestock involving land comprised of at least contiguous acres or smaller parcels provided it can be clearlydemonstrated that the land will be used for a viable commercialagricultural purpose such as feed lots, dairy farms, egg farms, or
other similar type uses.
Low Density Residential
Sui table primarily for single family residential development wi thinareas that are rural in character, possess significant physical
characteristics, are environmentally sensitive and are within the
Urban Services Area. Appropriate residential densi ties are
dwelling uni ts or fewer per gross acre.
Medium Densi ty Residential
Sui table primarily for single family residential development wi thinan urbanized setting. Appropriate residential densi ties are
dwelling uni ts or fewer per gross acre.
High Density Residential
Suitable primarily for attached and multi-family residential
development such as condominiums, apartments and mobile homes and
mobile home parks, commercial and limited professional office use.Appropriate residential densi ties are up to 25 dwellings per grossacre.
Commercial
Sui table primarily for the development of wide range ofcommercial activities including offices, retail and serviceestablishments.
Indus trial
Suitable primarily for the development of light industrial and
technical parks. As the industrial land use declines the area will
be developed as residential.
Special Areas
, ;
Areas identified on the Land Use Plan to have special significance
to the Ci ty and which warrant analysis and consideration related toconservation and preservation. Such special areas may
designated because of their recognized historic, environmental,scenic, or archi tectural significance.
POLICIES AND GOALS
1. To preserve the rural transi tional identi ty.
2. To preserve the natural features and resources of Eagle.
3. To establish land use patterns and zoning districts that do
not exhaust available services such as sewer, water, police,
fire protection recreational areas, highways andtransportation systems.
4. To promote compatibili ty between zoning districts.
5. To promote commercial service and retail development wi thin
the Central Business District, an area bordering on State
Street between Edgewood Lane and Ballantyne Lane and the StateHighway 44 alternate route and State Street.
6. To discourage strip commercial type development along the
length of major and minor arterials and collectors wi thin theCity.
7. To encourage location of a maj or retail center wi thin theCitys Central Business District (as defined by item 5) .
8. To encourage commercial development at or near the
intersection of State Highway 55 al ternate route and StateHighway 44 that will serve the traveling motorist and public
such as hotels, motels and restaurants and will complementrather than compete wi th the downtown service and retailestablishments.
9. To identify as Special Area due to its historic,archi tectural and scenic significance the State Streetcorridor between Old State Highway 55 and Ballantyne
Lane and Eagle Road between State Highway 44 al ternate route
and State Street. Properties which abut State Street or are
wi thin 300 feet of the State Street right-of-way shall
considered part of this special area.
10. To identify the Central Business District as a Special Area
due to its historic significance and to conduct evaluations todetermine the feasibili ty of pursuing Certified LocalGovernment (CLG) status in order to qualify for federal and
state historic preservation grants and funds.
11. To identify the foothills, the Dry Creek Floodplain and theBoise River Floodplain as Special Areas due to its
environmental and scenic significance.
12. To create special development and design review standards forproperties characterized by Special Area designation.
Special Areas shall be given consideration for a Planned Uni Development (PUD) zoning classification.
13. To allow the development of businesses and professionalservices wi thin the Ci ty in a manner that is commensurate wi
the needs of communi ty residents.
14. To require commercial development wi thin the Ci ty and theImpact Area to satisfy communi ty design standards andobjectives and reflect a design that is in harmony with
established residential development.
15. To encourage industrial development generally on the south
side of State Street. Such development shall be limi ted tolight industry, technical parks and other compatibleindustrial uses.
16. To assess and consider factors such as public services,
environmental and social impacts when evaluating proposals for
industrial proj ects and development.
17. To require industrial development to adhere to state and
federal laws wi th respect to air and water quali ty.
18. To preclude industrial developments that may overburden publicservices and facili ties causing increased public expendi tures
unless the industry pays its proportionate share of costs ofrelated services.
19. To conduct an assessment of existing industrial zoningdistrict classifications in the Ci ty for purposes of
considering the addition of an I-P (Industrial Park) districtin conjunction wi th the deletion or modification of the
existing M-(Heavy Manufacturing) district and M-(Extracti ve Manufacturing) district.
20. To provide for a broad spectrum of housing types including
apartments, townhouses, condominiums, single family attached,affordable and subsidized housing and large acreagedevelopments.
21. To establish categories of residential land use based upon a
range of possible residential densities. Residential density
wi thin a land use category may vary wi thin the prescribedrange from proj ect to proj ect depending upon individualcircumstances and property characteristics such topography, environmental issues, design and land use
compatibili ty. Residential densi ty shall be based on the
number of residential dwelling units per gross acre as defined
in the Eagle Zoning Ordinance.
22. To encourage clustering and densi ty transfer techniques toprovide for recreational opportuni ties and for thepreservation and acquisi tion of open space as part of Planned
Uni t Developments. Plats involving ten or more lots are
encouraged to file such requests as part of a Planned Uni t
Development. Density shall be calculated on a gross basis bydividing the number of acres in the plat by the proposed
number of dwelling units.
Example 1:
Example 2:
The overall densi ty range of a parcel with a Low
Densi ty Residential classification may be two orfewer dwelling uni ts per gross acre. A parcel
consisting of ten gross acres could accommodateup to 20 units. A Planned Unit Development
(P . U . D.) could be approved that would develop 5
acres at uni ts per acre (15 uni ts) and the
remaining 5 acres at one uni t per acre (5 uni ts) .
A total of 20 uni ts could be developed and thus
would conform to the overall densi ty requirement.
The overall density range of a parcel with a Very
Low Densi ty Residential classification may be onedwelling uni t or fewer per two gross acres. Aparcel consisting of twenty gross acres could
accommoda te up to 10 uni t s . A PI anned Uni tDevelopment (P. U. D.) could be approved that woulddevelop 10 acres at one uni t per acre (10 uni ts)
wi th the remaining ten acres to be set aside or
dedicated as permanent open space. A total of 10
uni ts could be developed and thus would conform
to the overall densi ty requirement.
23. Residential subdivisions outside the Ci ty limi ts but wi thin
the Impact Area shall comply wi th guidelines of the Land Use
Designation Map.
24. To encourage preservation of agricul tural land by protectingagricul tural and farm related uses and acti vi ties from landuse conflicts or interference created by residential,commercial , or industrial development.
25. To protect gravi ty flow irrigation systems including canals,laterals, and di tches to assure continued delivery
irrigation water to all land serviced by such systems, to
protect irrigation systems as a long range economical methodfor water deli very and to coordinate surface water drainage tobe compatible wi th irrigation systems.
IMPLEMENTATION
1. The Zoning Ordinance and Subdivision Ordinance shall provide
the regulations and development standards necessary for the
implementation of the City land use goals and policies.
2. The Planning and Zoning Commission has been established byordinance and granted certain powers and responsibili tiesrelati ve to management of planning and zoning issues in thecommunity. The Commission in conjunction with the City
Council, shall review development proposals in manner
consistent wi th goals and policies of the Land Use Component
of the Comprehensive Plan in order to insure orderly growth
and development.
3. The Zoning Ordinance, Subdi vi s ion Ordinance, and any other
ordinances affecting Planning and Zoning issues in the
communi ty shall be reviewed and amended in order to achieve
the Land Use goals and policies of the Comprehensive Plan.
POPULA TION
BACKGROUND
- '
Since the incorporation of Eagle on February 26, 1971, thepopulation of the Ci ty has increased steadily. Growth is expectedto continue primarily wi thin the Eagle Urban Service Planning Area
in proportion to Ada County s future growth. Factors supporting
this forecast are Eagle s close proximi ty to the Ci ty of Boise, itsrural transi tional identi ty, desirable building si tes, and the
quali ty of development to date.
Al though past data has focused on growth wi thin the Ci ty ' scorporate boundaries, it is more logical to use Eagle s Urban
Service Planning Area boundary as the area which will experiencemuch of the residential growth over the next fifteen (15) years.
Wi th the adoption of an Impact Area Agreement by Ada County and the
City of Eagle in 1980, urban development shall be more effectivelymanaged by encouraging growth wi thin the Ci ty limi ts and the Urban
Service Planning Area.
DEMOGRAPHIC PROJECTIONS
Projected population wi thin the Ci ty limi ts, Urban Service Planning
Area and Impact Area shall be compiled from figures provided by the
most recent demographic report of the Ada Planning Association forNorth Ada County.
ECONOMIC DEVELOPMENT
To achieve goals set forth by the Eagle Comprehensive Plan, theCi ty will foster and promote sound economic growth wi thin its Ci limi ts and impact area.
POLICIES AND GOALS
1. To achieve an economic base complimentary to the ruraltransi tional identi ty so residents will be provided wi
adequate commercial services and facili ties.
2. To promote addi tional employment opportuni ties and expand theeconomic base by (1) encouraging growth and expansion ofexisting business and industry and (2) attracting additionalbusiness and industry.
3. The area known as the Central Business District will require
more restrictive design standards and the City will encouragerehabilitation, upgrading, and new development of this area
consistent with the downtown development plan.
4. To create an Urban Renewal Agency and designate portions ofthe Ci ty and Impact Area as an urban renewal area to help
rehabili tate, conserve and redevelop the Central Business
District and other appropriate areas designated for economicdevelopment.
5. To attract di versi ty of commercial development to theCentral Business District to ensure the direction of newgrowth in a coordinated manner.
6. Employment centers and primary locations of communi ty
activities will be located within or in close proximity to the
Central Business District and transportation corridors.
PUBLIC SERVICESIt FACILITIES AND UTILITIES
LIBRARY
The Ci ty presently operates a library.
POLICIES AND GOALS
1. Provide adequate library services to the present and futureci ti zens of Eagle.
SOLID WASTE MANAGEMENT
Solid waste disposal is managed through contract between individual
residents and private corporations.
POLICIES AND GOALS
1. The heal th and welfare of the public shall be protected by
managing solid waste pick up and disposal.
2. To promote improved solid waste management efforts encouraging programs which emphasize waste volume reduction,
waste materials recycling and the development of reusable
products derived form municipal solid waste.
FIRE PROTECTION
The Eagle and Meridian Fire Departments provide fire protection forthe Ci ty and the Impact Area.
POLICIES AND GOALS
1. New residential developments shall be required to provideadequate fire protection.
2. To implement the requirements of the Uniform Fire Code
adopted by the State Fire Marshal.
3. To prevent and aid in the mi tigation of fires and otheremergencies dealing wi th the protection of life or property.
PO LICE PROTECTION
The Ci ty does not have its own court or police- system. Service tothe Ci ty is provided by the Ada County Sheriff and by the Ada
County court system.
POLICIES AND GOALS
1. To coordinate police protection measures wi th Ada County and
Ada County Sheriff's Department in a manner that best protects
the public s interest.
ENVIRONMENT AL QUALITY
POLICIES AND GOALS
1. To promote and protect Idaho s indoor and outdoor air quali ty.
2. To conserve, preserve, develop and defend Idaho s communi water supplies and protect water quali ty.
WATER SUPPLY
The domestic water supply in Eagle is based on individual wells
and central systems which are currently owned by the Ci ty
Eagle, and other privately owned systems.
A central water facili ty is defined as a water system approved by
Central District Heal th and the Eagle Ci ty Standards, and meets the
requirements of fire protection provided in the Uniform Fire Codeas adopted by the Ci ty.
POLICIES AND GOALS
1. To encourage dedication of water systems to the Ci ty in order
to maintain a municipal water system owned and operated by theCity.
2. To prescribe a plan for the acquisi tion of water treatment
plants, water supply systems, and methods for water storage,
to ensure an adequate supply of water for the service area ofthe Ci ty.
3. To ensure that the Ci ty water facili ties shall conform to all
applicable State, Federal and local environmental regulations.
4. To take advantage of the availabili ty of financial assistance
and grants from Federal and other sources to acquire, to
continue to build and operate a municipal water system to meetthe needs of Ci ty water users.
5. A person who desires to build a residence or dwelling on (1)
an original parcel of land of record as of January 18, 1978,
located in the city limits of Eagle, or (2) a lot which
part of a subdivision located in the ci ty limi ts of Eagle that
has been platted prior to January 18,1978, or (3) a parcel of
land created as a result of application of the AgriculturalPolicies of the Comprehensive Plan to land located in the
Impact Area, may install an individual septic tank and well if
approved by the Central Heal th Department; provided, however,such installation must be in compliance wi th this
Comprehensi ve Plan, Eagle Ci ty Codes and Ada County Codes.
SEWER SUPPLY
All new developments of five or more lots, or development tractsthat will entail five or more lots upon completion wi th densi ties
of more than three single family units per five acres, (at leastone unit per 1.67) , and all large commercial/ industrialdevelopments shall be required to: (A) be connected to a centralsewer system. A central sewer system shall be defined as
collection of sani tary sewer lines that connect all users to acentral treatment plant. All sewer systems must meet Central
District Heal th standards.
The sewer service wi thin the Impact Area is supplied by individualseptic systems, central sewer collection systems connected to a
communi ty septic tank and drain field system , approved packaged
sewer treatment facili ties, and central sewer services.
The Eagle Sewer District is a separate enti ty from the Ci ty. The
District maintains a Planning Area boundary that is independent
from the Impact Area and municipal boundary.
POLICIES AND GOALS
1. The Sewer facili ties shall conform to all applicable State,
Federal and local environmental regulations. Proposed sewerservice and land uses must comply wi th the Environmental
Protection Agency Environmental Impact Statement prepared for
Ada County.
2. Any development in the Impact Area located in areas prone to
high ground water, ei ther on a regular basis or seasonally,
shall be required to connect to central sewer system.
3. The sizing,depth,and location sewer trunklines,
interceptors, collectors and lateral lines shall meet thecri teria established by the appropriate sewer district orservice. Said lines will be constructed in compliance wi th
the sewer district's master plan.
4. The purpose of residential phasing is to maintain a cohesive
and consolidated urban form to minimize the incremental costs
of providing utilities and streets, to preserve open space andto promote compact contiguous development. Phasing does not
suggest specific time frames but simply points out areas where
growth should occur in relationship to planned facili ties,utili ties and other services.
Owners of property which is within the Eagle Sewer District
Planning Area, but has not been annexed into the District:
1. Shall agree to standard terms and condi tions of annexationinto the Eagle Sewer District and, any other terms orcondi tions of the Eagle Sewer District Board.
Owners of property outside the Eagle Sewer District Planning Area:
1. Shall be brought into the Planning Area to qualify for service
by consent of the Eagle Sewer District Board.
AIR QUALITY
Quali ty of the air in Eagle is dependent upon decisions made on anational, statewide and countywide level, as well as by the City.
POLICIES AND GOALS
1. To ensure that the Ci ty shall conform to all applicableFederal, State and local air quali ty regulations.
2. To integrate all modes of travel including automobiles,trucks, buses, vans, bicycles and pedestrians to support air
quali ty improvement measures.
3. To encourage development and use of mass transi t forms oftransportation.
4. To encourage development of pathways and use of non-motorized
forms of transportation.
5. To establish and enhance areas of tree growth by creating an
urban forest that will help reduce air pollution.
IMPLEMENT A TI 0 N
If the Comprehensive Plan is to be useful and effective, the
Comprehensive Plan must be implemented and kept current pursuant tolaw.
The reconunendations in this Comprehensive Plan should not
interpreted as unalterable commitments, but rather as reflectingthe best foreseeable comprehensive direction. As new factorsevol ve and condi tions unfold, this plan should be reviewed and
updated as required by law.
This Plan establishes the Impact Area and the Urban ServicePlanning Area (U. S. P .) as defined by the Land Use DesignationMap. The U. S. P .A. is the prime urban development area of the Ci
and the Impact Area. As the U. S. P .A. develops, it is the intent of
this Plan to expand the U.A. to include adjacent areas. Any
expansion of the U. S. P .A. should be contingent upon the
availabili ty of adequate central water facili ties and sewer service
as defined by the Water Supply and Sewer Policies of the Public
Services Facilities and Utilities section of this Plan.
POLICIES AND GOALS
1. The Urban Service Planning Area shall become the prime urban
development areas for the Ci ty and the Impact Area and
shall be defined by the Land Use Designation Map.
2. Current ordinances
Comprehensive Plan.
will amended conform this
AMENDING THE COMPREHENSIVE PLAN
AMENDMENT PROCEDURES
The Planning and Zoning Commission will review the Eagle
Comprehensive Plan annually and recommend amendments to thePlan to the Ci ty Council not more frequently than every six( 6) months as provided herein to correct errors in theoriginal plan or to recognize substantial changes in the
actual condi tions in the area.
Any person may peti tion the Planning and Zoning Commission for
a plan amendment at any time. The applicant shall submi t a
letter for a Comprehensive Plan amendment which will containthe following:
1 .Specific description of the change being requested.
Specific information on any property involved.
The condi tion or si tuation which warrants a change being
made in the plan.
4 .The public need for a benefi t from such a change in theplan.
statement that no other solutions to the problem
presented by the current policy of the Plan are possible
or reasonable.
Proposed development for any land involved.
7 .Any other data and information needed by the Planning and
Zoning Commission in evaluating the request.
No application will
information is complete.considered until the required
All applications for proposed changes to the Comprehensive
Plan must be received by the Planning and Zoning Commission inproper form. No application shall be considered any morefrequently, than every six months. After the public hearing orhearings, as required by law, the Commission shall considereach application on its own merit and in relation to otherapplications. The Commission shall, within thirty (30) days
of the last hearing as required by law , recommend to the Ci
Council approval or denial of any change to the ComprehensivePlan, unless (upon wri tten agreement of the applicant) the
application is held over for consideration during the next six(6) month interval.
The ul timate decision as to granting amendments to the Plan
shall be wi th the Eagle Ci ty Council as provided by law.
The Ci ty Council shall, after notice and hearing, consider the
request for amendment to the Comprehensive Plan along wi th the
recommendations from the Eagle Planning and Zoning Commission. Any
amendments approved by the Ci ty Council shall be by ei ther
resolution or ordinance.
Eagle City Council Meeting Minutes
January 9, 1996
Case No. IPC-04-
Exhibit 131
EAGLE CITY COUNCIL MEETING
January 9, 1996
The Eagle City Council met in regular session on January 9, 1996.Mayor GUERBER presiding.
The following members were present:
MORGAN MASNER, THOMAS EASON.
RICK YZAGUIRRE, STAN BASTIAN,
Moved by YZAGUIRRE and seconded by MASNER to approve the minutes ofthe December 19 , 1995, meeting as presented. ALL AYE: MOTIONCARRIED.
UNFINISHED BUSINESS:
Amendments to the City of Eagle Personnel Policy Manual: YZAGUIRREand BASTIAN were appointed as a committee to study the issue,confer with the City Attorney and bring a conclusion to Council.Moved by YZAGUIRRE and seconded by BASTIAN to approve a raise in
salary to $37 500 a year based on a 40 hour work week, with alltime over 40 hours accrued as compensating time on an hour for hourbasis up to 240 hours accrued. Overtime hours will be lost over240 hours. This is time only and will not be paid untiltermination of employment. ALL AYE: MOTION CARRIED.
Van-Rides hare - Pat Nelson (continued): The Council asked for Ms.Nelson to attend the meeting to explain the proj ect and mailing.Ms. Nelson explained the need for the additional mailing which
would probably cost around $500. Moved by MASNER and seconded by
BASTIAN to grant an expenditure of $500. ALL AYE: MOTION CARRIED.
Water Connection Fee Agreement (continued): This agreement is acontract between the City of Eagle and United Water to colLect thehook up fees at the City for Redwood Creek and Island WoodsSubdivisions. United Water contracted with both subdivisions to
handle the water provisions within the developments. This wascontinued from the December 19 meeting for attorney changes, whichhave been made. Moved by BASTIAN and seconded by MASNER authorize the Mayor to sign the ~greement. ALL AYE: MOTIONCARRIED.
RESOLUTION 1-96: A Resolution adopting said Agreement. Moved byBASTIAN and seconded by MASNER to adopt the Resolution, as acompanion to the Agreement between the City of Eagle and UnitedWater of Idaho. ALL AYE: MOTION CARRIED.
ACHD Enhancement Project (continued)The different HomeownerAssociations and Chamber of Commerce were notified about the
proj ect The City Clerk asked for replies but did not receive any.The Clerk submitted a list of projects to the Council forconsideration. After discussion by Council the proj ect list was
modified.
The proj ects to be submitted to ACHD will include:1. Speed bumps on Stierman.2. Sidewalks on Mission St. (very populated by elementary childrengoing to and coming home from school)
3 . Paving the alley way from behind the barber shop/library to theold hotel" building. (We have an application for an office on thecorner. Part of the plan is for the new owner to pave that port ionof the alley that is from Eagle Rd. to his property line. This ~sthe ideal time to have ACHD complete the proj ect
. )
4. Curb , gutter and sidewalk on Floating Feather Rd. at Echo Creekbetween the Floating Feather entrance to Echo Creek and phase 4 ofEcho Creek, on Floating Feather Rd.5. To add those items that were on the 1995 application but not
accepted by ACHD.
Note: Those emergency service agencies should be consulted. TheCity Engineer is to complete the application and submit it to ACHDon behalf of the City.
Moved by MASNER and seconded by YZAGUIRRE to make these suggestionsto ACHD but to get input from emergency service agencies. Theapplication is to be completed by the City Engineer and submittedby the due date, January IS, 1996. ALL AYE: MOTION CARRIED.
Kestrel Cove Subdivision Agreement (continued)Moved by MASNERand seconded by YZAGUIRRE to continue the discussion regarding theagreement until the next regularly scheduled meeting. ALL AYE:MOTION CARRIED.
CLAIMS AGAINST THE CITY: Moved by MASNER and seconded by YZAGUIRREto approve the claims as presented. ALL AYE: MOTION CARRIED.
TOM EASON: A presentation of a plaque in gratitude for publicservice was presented by Mayor GUERBER.
MAYOR GUERBER: Was presented with a bronze Eagle from the City, theEagle Chamber , the City At torney, City Engineer and Daunt Whitman
the Building Inspector in recognition of public service.
Oath of Office:
Mayor Guerber swore in Chuck Bower as Mayor of Eagle.
Mayor Bower swore in Nancy Merrill and Stan Bastian as CouncilMembers.
There being no further business the meeting regarding unf inishedbusiness adj ourned at 8: 30 p.
The Councilmeeting.meeting resumed wi th Mayor BOWER conducting the
The Eagle City Council met in regular session on January 9, 1996.Mayor BOWER presiding.
The following members were present:
MORGAN MASNER, NANCY MERRILL.
RICK YZAGUIRRE , STAN BASTIAN,
APPO INTMENTS :
Council President: Moved by YZAGUIRRE and seconded by BASTIAN to
nominate Morgan Masner as Council President. ALL AYE: MOTIONCARRIED.
City Clerk/Treasurer-Barbara Montgomery: Moved by MASNER andseconded' by YZAGUIRRE to appoint Barbara Montgomery as City Clerk
and Treasurer. ALL AYE: MOTION CARRIED.
Council Liaisons:
Mayor BOWER suggested the committee members and liaisons remain asthey were last year with the exception of the new Council Member
Nancy Merrill. After discussion it was conc.luded that MERRILL willbecome a Design Review/Landscaping Committee member and will assumethe responsibilities for the parks and recreation coordinator.
MASNER indicated he would like to continue with the transportationmatters, ITD ACHD and APA. He will also head the EagleTransportation Task Force and attend the Sewer District meetings.Mayor BOWER will also attend the meetings on transportationconducted by ITD , ACHD and APA, as well as SWRC&D , the Bald EagleTask Force, Boise Chamber of Commerce, Leadership Boise PlanningCommi t tee, Regional Growth Summit Group and Ada County ~egionalPlanning Group as well as others.
Moved by BASTIAN and seconded by YZAGUIRRE to accept the liaisonsas discussed wi th said changes. ALL AYE: MOTION CARRIED.
PUBLIC HEARINGS:
Idaho Power Substation - CUP:
Mayor BOWER declared this is the time and the place for a public
hearing on a Conditional Use Application for the Idaho PowerSubstation and asked for declarations of exparti contact orconflict of interests on the part of Council members.
Applicant: Idaho PowerLocation: E. State St. (Across from City Hall)
Proposal: Upgrade the substation. C3 location,
Representative: Susan Gray, Growth Manager Coordinator for IdahoPower presented an outline and figures for the proj ect.Blaine Johnston, Architect: Outlined the design review/landscapingchanges. He anticipates additional landscaping in front and to thewest. Representatives of Idaho Power talked to the Crawfords about
what they would like to see in the way of landscaping on the eastside of Idaho Power and found there was no interest in landscapingon the east side as they may want to build later and landscaping
will hamper development and access.Tom Prange: Electrical Engineer for Idaho Power spoke about thelines and indicated they are for the benefit of the community, theloop or network encompassing Eagle.
Testimony:
Glida Bo~hwell: questions only. Are electrical rates going up?Mrs. Gray returned to the microphone to answer that rates are setby the PUC. The rates at this time are set into the year 2000.The substation would not cause an increase in rates. Brown outscould occur if the upgrading did not take place.
George Emerson: in favor of the upgrade.
The public hearing closed at 9: 35 p.
Blaine Johnston , Idaho Power , indicated that once the work wascompleted there will be no further upgrading. The substation willnot change in size.
Moved by MASNER and seconded by YZAGUIRRE to approve the CUP , andsend the landscaping portion back to Design Review for finaldetermination. This will not return to Council. ALL AYE: MOTIONCARRIED.
NEW BUS INESS :
Extension of time: Van Engelen Estates #2: The City Clerk asked forconsideration of set time limit to this extension and theexecution of an indemnification clause regarding sewer service tothe subdivision. Moved by MASNER and seconded by MERRILL tocontinued this matter to the next Council meeting and ask thedeveloper to be present to speak to the extension and conditions.ALL AYE: MOTION CARRIED.
Design Review/Landscaping-Commercial Office Complex - Barry Peters:
Phil Rietze, Architect for the proj ect, addressed the ITD and ACHD
issues and outlined the project to the Council.
Barry Peters , developer and owner,
contamination on the property.
clarified that there is no
- "
Moved by YZAGUIRRE and seconded by MASNER to approve the designreview / landscaping application as presented.
Moved by YZAGUIRRE and seconded by MASNER to amend the motion to
include the Design Review Conditions and the Standard Conditions aspresented by staff. ALL AYE: MOTION CARRIED.
Moved by YZAGUIRRE and seconded by MASNER application as amended. ALL AYE: MOTION CARRIED.
approve the
Boise Stream & River Management - discussion: Mayor BOWER asked forCouncil consideration for a workshop session regarding the BoiseRiver and Stream Management Ordinance in relationship to the EagleComprehensi ve Plan and where the plan is in the process. YZAGUIRREasked for the most recent final draft to be supplied by theat torney to the Council prior to scheduling a workshop.
The Mayor asked for a list to be provided to Council from the CityAt torney for all proj ects in process and where they are in theprocess at the next regularly scheduled meeting.
Meanwhile, the Mayor would like a date for a workshop established
which would include the P&Z members. The Council concluded thatTuesday, Feb. 6 , 1996, 4:00-6:30 p.m. was acceptable. The CityClerk will notify the P&Z Members and establish an agenda.
REPORTS:
Commi t tee reports:
Sewer Board: The last meeting included the discussion regarding the
rapid infiltration basins. There were a great many people inattendance opposing the use of the basins. The people ~ade clear they would not support the use of them to the CountyCommissioners. There was discussion on the Sewer District stoppingany further annexation into the District. However , the Districtbelieves that the City should take the responsibility of stoppinggrowth. Until the sewer district gives the City a request not to
take anymore subdivisions , there is little way for the City respond once the District has annexed them. We may get such arequest from the District. The District needs to look at long term
such as the BLM land. It is not acceptable to use the river wi
the nitrate levels as they are.
Library Board: The library will begin bar coding books. There is
a county contract pending which will bring in $6,660. The break out
of this figure is 233 families living in the county using the Eagle
library and 85 families in the city using county facilities. Theresult is there are 148 county people at a net figure of $45 afamily. They estimate an increase of 40 people a day comingthrough the doors. The Board wants BASTIAN to meet with the
designer of the new library to consider paring back the buildingsize. BASTIAN will contact Jim Murray and arrange to meet wi th theBoard on January 22.
The Eagle Chamber of Commerce annual awards banquet is being heldon Jan 31 , at 6:00 p.at the Plantation Golf Course. The Councilwas urged to attend.
Moved by MASNER and seconded by YZAGUIRRE to provide tickets toP&Z, Council and staff. ALL AYE: MOTION CARRIED.
Mayor's Report:
Sports complex: Considerable discussion concluded that it would bein Eagle's best interest to have this particular location in theEagle Impact Area in order to establish Eagle's interest in thepark. If 'Ada County is interested fine, if not, the money budgetedshould go to the Merrill Park.
ACHD Resolution on tax increase on gas: Moved by BASTIAN andseconded by MASNER to prepare a resolution indicating Eagle'support of a gas tax increase and registration increase. ALL AYE:MOTION CARRIED.
There being no further business the meeting adjourned at 12: 00 p. m.
Respectfully submitted:
BARBARA MONTGOMERY
EAGLE CITY CLERK
APPROVED:
MAYOR CHARLES A. BOWER
Case No. IPC-04-
Exhibit 132
Eagle Planning and Zoning Meeting Minutes
August 11, 2003
EAGLE PLANNING AND ZONING COMMISSION
Special Meeting
August 11, 2003
6:30 PM
The Planning and Zoning Commission met in special session on August 11 , 2003
Chairman Deckers presiding.
CALL TO ORDER: At 6:35 p.
ROLL CALL: The following members were present BANDY, BLOOM,
DECKERS, CROOK, GLA V ACH. A quorum is present.
CONSENT AGENDA: None
OLD BUSINESS: None
PUBLIC HEARINGS:
A. CU-02 - Sub-Transmission Line - Idaho Power: Idaho Power
represented by Layne Dodson, is requesting conditional use approval to
construct a 138kV sub-transmission line, and a height exception request to
construct the poles ranging in height from approximately 70 to 90-feet, (35
to 55'::feet higher then the required maximum of 35-feet). (This application
was continuedfrom July 2003).
Deckers asks if there was any Ex Parte contact with the Commissioners.
Commissioner Bloom states that she spoke with Representative Mike Moyle.
The public hearing was closed. Written testimony was accepted up to five days before
this meeting.
Bloom asks Bill Clark if he can get a property appraisal to City Council.
Bill Clark, 479 Main Street, Boise'. Representing Eagle River stands to address Blooms
question. An appraisal firm has been obtained and they will have an appraisal on the
property by September 10, 2003.
Bloom asks if anyone is present from the PUC? No one is present.
Layne Dodson, representing Idaho Power stands to address a letter received by Mr.
Hossein Khorsand. Mr. Dodson states that they have been in contact with the PUC
about burying the lines and who should pay this cost. It would be rate based and would
go to a hearing and the requesting party would be responsible for paying the additional
costs. Regarding loss of property values, studies have shown that there is minimal
value lost.
Discussion between Crook, Glavach and Dodson on the size of the proposed lines.
Mr. Dodson explains the appeal process if this application is denied by City Council
Page 1 of 2
K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-OR-II-O3 min.doc
also, how they came up with the proposed route. Idaho Power felt that placing the lines
underground or choosing an alternate route would be an unreasonable cost and they
could not recommend it.
Deckers asks Mr. Dodson about the studies that show no significant devaluation of
property values. Mr. Dodson will provide copies of the appraisal studies for the City
Council packet.
Deckers asks the Commissioners to comment on the application and possibly
addressing two things, One being the conflict with the comprehensive plan, the other
what is prudent utility practice?
Glavach states in his opinion this proposal would be aesthetically displeasing. Eagle
has a scenic route that would be ruined. Understands the cost will be high but feels it is
time for Idaho Power to put the lines underground.
Bloom states that there can be a compromise with the conflict in the comprehensive
plan. We have strict design guidelines and if we require other applicants to comply
with these then Idaho Power should also comply. Bloom feels that it is time for the
public to find an alternative even if it will require rate hikes. Would like to pass this
application on to City Council with a denial and on to a PUC hearing,
Bandy echo s what Bloom said. Now is the time to find other alternatives.
Commissioner Bandy states that the costs should be amortized by all those who benefit
from the lines. Future developers should also share in these costs. Bandy reads from
Idaho State Code, title 50 chapter 25 in regards to underground conversion of utilities.
Crook states that we have 3 main issues for Eagle and the outlying areas.
1. Aesthetics
2. Property values.
3. Costs
Crook states that now that the City of Eagle has put so much effort into its
scenic/aesthetic values this application makes a big difference. The application should
be denied and put underground. The costs for this should be shared between the City,
the rate payers future users and Idaho Power.
Deckers states that the City has had 2 Y2 years to review this application. It was
originally denied by the Planning & Zoning Commission. Idaho Power did further
studies and brought this application back before them. Deckers states that Idaho Power
has shown prudent utility practices. This plan meets City code. Deckers states that the
application should be approved.
Discussion amongst the Commissioners on the definition of the word, prudent.
Crook moves to deny CU-02 - Sub-Transmission Line - Idaho Power with the
alternative that we deny the height exception within the city limits but we would
approve an underground power line along the same route. Seconded by Bloom.
Discussion. 4 AYE 1 NAY (Deckers).. .MOTION CARRIES.
Page 2 of 2
K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-Q8-11-O3 min. doc
Jeff Lowe, City Staff stands to address the city limit boundaries.
NEW BUSINESS: None
REPORTS: None
ADJOURNMENT: Bloom moved to adjourn at 7:38 p.m. Seconded by
Bandy. ALL AYE...MOTION CARRIES...
RESPECTFULLY SUBMITTED:
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V- '71i~SHA ON K. MOORE
CITY CLERKffREAS URER
APPROVED:
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TEVE DECKERS
CHAIRMAN
A TRANSCRIBABLE RECORD OF THIS MEETING IS A AILABLE AT
CITY HALL.
Page 3 of 2
K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-O8-11-03 min.doc
Kline letter dated Nov. 12,2002
Case No. IPC-04-
Exhibit 133
Eagl e County Commi ssi oners
Co 11 een and Jeff Kl ; ne569 N. Cove Co ony Way
Eagl e , Idaho 83616
v. 12, 20002
RECEIVED & FILED
CITY OF EAGLE
In Re:Idaho Power Pol es Nav 1 3 2002
Dear Comm; ssi oners;File:
Route to:
I am wr; ti ng thi s as' a concerned Eagl e res; dent wi th regardto the proposed Idaho Power po es to run along State Hi ghway44 to Star, My husband and I are very much age; nst it.
We live in a beautiful subdivision along Highway 44. Thelots are one-acre lots and started at $80 000. We chose to
bu; 1 d in Eagl e over Mer; di an because we wanted to protect
our investment when we bui 1 t our dream home. I am a courtreporter and have worked wi th the Ci ty Counci 1 in the past.I fe 1 t ; n deal i ng wi th them , that they a ways looked after
Eagl e res; dents I interests f; rst, over and above thedevelopers' interests, This is why we chose to build Eagle. We paid a premium to build in Eagle feeling that ourinvestment woul d be protected , wh; ch i s the same for a lotof residents of Eagle, I also do not have time to go to
every Eagle Public meeting to fight over rights which havea1 ready been set as a precedence by the Commi 55i oners ofEagl e and have been understood by the res; dents when webu; 1 t our homes.
If you do not think that this will be aesthetically ugly,you a re wrong. Dr; ve along McMi 11 an Road and look foryourselves. These poles are an eye sore. I don t care howmuch beauti ful l andscap; ng you put up in the new Eagl e Ri vercommercial development I you wi 11 see those pol esover-and-above everythi ng el se.
There have al so been studi es by the Centers for Di seaseControl about overhead power 1 i nes and el ectri Galsubstati ens and cancer c1 usters for res; dents 1 i vi ng next tothem. I have worked on cases where there have been veryrare cancers found ; n younger chi dren who are the mostsuscepti bl e. You wi 11 not hear thi s from Idah6 Power. Andkeep in mi nd, these pol es wi 11 be next to Eagl e Hi gh SchoolThi s was enough of a concern that I looked for substati ensand really large poles when looking for a building lot.
Obvi ousl Y I thi s ; s a cheaper way for Idaho Power to go, Whydont they put them underground? Pl ease do not allow themto put up these ugl y pol es in our beaut; ful c; ty. I amask; ng you I the Comm; ssi oners of Eagl e, to pl ease voteagainst this. Thank you for your time.
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Whelan letter dated Nov. 15,2002
Case No. IPC-04-
Exhibit 134
RECEIVED & FILED
CITY OF EAGLE
Bill and Amelia Whelan
3941 N. Falcon Ridge Ln.
Eagle, Idaho 83616 :::J OO?'w ; '+I
'" -
File:
Route to:
November 15, 2002
Mr John Franden, Chairman
Mr. Chuck Nordstrom,Commissioner
Ms. Cheryl Bloom, Commissioner
Eagle Planning and Zoning Commission
310 E.State St.
Eagle, 1083616
Dear Mssrs. Franden,Nordstrom and Ms. Bloom:
I attended Tuesday evening s hearing regarding Idaho Power s application for the above- ground
high voltage power line extending from Eagle to Star. The meeting was exceptionally well-
conducted, and the next actions agreed upon by your commission and attorney made good
sense.
However, I would like to voice my concerns regarding the idea of running the unsightly lineltowers
along Homer Rd. First, I believe that particular approach may possibly conflict with the
Comprehensive Plan s objective of maintaining Eagle s rural atmosphere. A power line with thescope/ magnitude of the one proposed by Idaho Power (with its overwhelming 70' towers) would
not be conducive to the objectives of the Plan. The adverse impact to the beauty of the Foothills
of which Homer Rd. runs through would be incalculable.
Secondly, the unsightly power line/ towers would have to somehow/someway run from the Eagle
sub- station to the Homer Rd. area. I can t think of any way to accomplish this task without
causing serious aesthetic problems. Running the line north up along Route 55, Eagle Road,
Ballantyne or any other road would be just as bad as running it westward along Route 44 to Star.
Therefore, I don't think the Homer Rd idea is a viable alternative.
If the additional power is truly needed, I believe the only alternative is to run it underground at
whatever additional expense that method may entail. The Eagle community cannot be "pennywise and pound foolish" with this critical issue. The existing power linesltowers on the north side
of State St. running eastward are bad enough. And the superimposed towers along Rte. #44 on
the transparency shown by the Idaho Power spokesman during his presentation, lookedabsolutely atrocious.
I look forward to learning the results of the independent cost analysis.
Thank you for considering my concerns. Eagle is much too beautiful a community to have such a
abomination within its city limits and/or impact area.