Findings - PZ - 2007 - CU-09-07 - Construct A 230Kv/138Kv/Height Exception To Construct 2-92' Utility Poles
OR\G\NAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A )
CONDITIONAL USE PERMIT FOR A )
PUBLIC SERVICE FACILITYIHEIGHT )
EXCEPTION REQUEST - 230 Kv & 138 Kv )
SUB-TRANSMISSION LINE FOR )
IDAHO POWER COMPANY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-09-07
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on August 20, 2007. The Eagle Planning and Zoning Commission
having heard and taken oral and written testimony, and having duly considered the matter, makes the
following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Idaho Power Company, represented by Layne Dodson, is requesting conditional use
approval to construct a 230 kV and 138 kV sub-transmission line, and a height exception
request to construct two 92-foot tall utility poles (57 - feet higher then the required
maximum of35-feet).
The plan calls for 2, 92'- foot-high power poles, spaced 300 feet apart along 500 feet of
frontage of State Highway 16 within the Eagle City Limits. Given the distance of frontage
and the proposed spacing of the power poles, only two (2) power poles would be located
within the 500-feet offrontage along State Highway 16. The site is located within the
right-of-way on the east side of State Highway 16 approximately 14 of a mile north of State
Highway 44.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, May 16, 2007, incompliance with the
application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on June 22,2007.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on July 30, 2007. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on July 20, 2007. The site was posted in accordance with the Eagle City Code on
August 10,2007. Requests for agencies' reviews were transmitted on July 20, 2007, in
accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 23, 1996, the Eagle City Council approved a conditional use permit for
capacity upgrades to the Eagle Substation located at 315 E. State Street.
On February 20, 200 I, the Eagle Planning and Zoning Commission recommended denial
ofCU-23-00 for a conditional use permit by Idaho Power Company for a height exception
request and the reconstruction, upgrade, and re-routing of an existing 69 kV power line to
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accommodate a 138 kV sub-transmission line and placement of existing distribution lines
underground, generally extending from the Eagle substation on State Street west to
Ballantyne Road. The item was not heard by the City Council as the applicant withdrew
the application following the Planning and Zoning Commission hearing.
On November 16, 2004, the City of Eagle and Idaho Power reached an agreement
allowing the construction of the 138 kV sub-transmission line from State Street to
Ballantyne Road.
In 2006, Ada County approved a conditional use permit for the construction of an
electrical substation on the southeast comer of Beacon Light and Linder Road.
Idaho Power originally intended to route the line along Linder Road. Due to public
opposition, the City of Eagle assembled a task force to evaluate several line route options.
Idaho Power participated in the task force efforts and after several meetings and evaluation
of the routes, the task force recommended using the State Highway 16 and Beacon Light
Road corridors rather than Linder Road.
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two A-R (Agricultural-Residential) I Agriculture
RR (Residential Rural - Ada
(2-units per acre County designation) I RUT
maximum) (Rural Urban Transition - Ada
County designation)
Proposed No change No change No Change
North of site Residential Two RR (Residential Rural - Ada Agriculture
(2-units per acre County designation) IRUT
(Rural Urban Transition - Ada
maximum) County designation)
South of site Residential Two RR (Residential Rural - Ada Agricu Iture
(2-units per acre County designation)
maximum)
East ofsite Residential Two A-R (Agricultural-Residential)! Agriculture
RR (Residential Rural - Ada
(2-units per acre County designation) RUT (Rural
maximum) Urban Transition - Ada County
designation)
West ofsite Residential Rural RR (Residential Rural - Ada Agriculture
(Ada County County designation) I RUT
designation) (Rural Urban Transition- Ada
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
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H. EXISTING SITE CHARACTERISTICS:
The corridor is occupied or bordered by rural residential housing, and agricultural land.
Topography of the corridor is gently sloping to very gently sloping.
I. SITE DESIGN INFORMATION: N/A
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No buildings are proposed
Height and Number of Stories of Proposed Buildings:
No buildings are proposed, however, the height of the power poles along State Highway
16 are proposed to be 85 to 95 feet in height and spaced 300 feet apart.
Gross Floor Area of Proposed Buildings: N/A
On and Off-Site Circulation:
The power line will be located in the public right-of-way of State Highway 16 or on
easements obtained from adjacent property owners.
K. PUBLIC SERVICES AVAILABLE: N/A
L. PUBLIC USES PROPOSED: None.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
The Environmental Impact Assessment, prepared for the project by Kleinfelder West, Inc.,
does not identifY negative or potentially negative impacts to fish, wildlife or vegetation.
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An Environmental Impact Assessment has been prepared by Kleinfelder West and is
attached to the staffreport.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Central District Health
Chevron Pipeline
Division of Environmental Quality
Eagle F ire Department
Eagle Sewer District
Q. LETTERS FROM THE PUBLIC: None received to date.
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R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 4
Schools, Public Services and Utilities
4.9.2 Other Services and Utilities Goals
Work with Idaho Power Company to insure that sufficient electrical service is
available for existing and future customers in the Eagle AOI and the areas that are
being proposed for development in the foothills.
4.9.3 Other Services and Utilities Objectives
a. Discourage overlapping service areas and/or illogical service boundaries.
b. Strive for continued cooperation between service providers, utility
providers and the City of Eagle.
c. Ensure that access to services and utilities is readily available in the City,
the AOI and the foothills so that access issues do not create conflicts with
the overall goals and objectives of this Comprehensive Plan.
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4.9.4 Other Services and Utilities Implementation Strategies
Electricity:
I. The City should encourage Idaho Power Company (IPC) to follow the
relevant implementation strategies recommended in 4.9.3.a above.
2. IPC should establish sites for new electric facilities before development
occurs and should provide sufficient buffers and setbacks from residential
use.
3. The City should encourage IPC to locate facilities outside of scenic
corridors, the Central Business District and the Village Center, and may
give consideration to locating facilities within other commercial areas.
4. The City should work with IPC to designate the general locations of
existing and proposed electric facilities.
5. The City of Eagle should work with IPC to formulate, interpret and apply
Eagle's electric utilities facilities plan in a manner consistent with and
complementary to IPC's ability to meet its public service obligations.
6. The City should take into account regional electrical demands and
resources when making recommendations and decisions regarding
electrical utility facilities.
7. The City should coordinate and cooperate with other municipal
jurisdictions for planning of electric utility development and expansion.
Community Design
Background and Vision
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways include State Highways 44 (State Street and Alternate
Route) and 55 (Eagle Road). These entrances with their landscaping (or lack
thereof), commercial signage and building character provide the first, and
oftentimes the most lasting impressions of the entire community. The City of
Eagle has the responsibility to guide development and redevelopment that occurs
along these entryway corridors.
Design review procedures should guide future development and redevelopment of
existing uses. Depending on land uses and buildings, more extensive landscaping
and fewer points of access may be required. The design review process will afford
the opportunity to address the special features of each property and facility in a
manner that will best address the overall intent of enhancing Eagle's entryways.
Eagle's entrance corridors may take on the look of berms built adjacent to
Banbury and Lexington Hills Subdivisions.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 12
12.1
· Section 8-2A-6 (A)(6)(a)
Architectural appurtenance height restrictions: All spires, poles, antennas, steeples, towers and
any other such structures shall be limited to a maximum of forty feet (40') within the DDA
and TDA and thirty five feet (35') in all other locations. Additional height may be pennitted if
a conditional use permit is approved by the City Council.
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· Section 8-2A-7 (J)(2)(c) & (3)
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with
any commercial or industrial activity, and off-street loading when adjacent to or in view
from a residential activity or public street right-of-way, a five foot (5') wide by six foot
(6') high landscaped buffer is required.
3. Materials:
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and
deciduous trees, shrubs and groundcover in which evergreen plant materials comprise a
minimum of sixty percent (60%) of the total plant material used.
b. Height requirements shall be accomplished with plant material with a fence or decorative
wall.
c. The required buffer area shall result in an effective barrier within three (3) years and be
maintained such that sixty percent (60%) or more of the vertical surface is closed and
prevents the passage of vision through it.
d. Chainlink fencing, with slats or otherwise, is prohibited for screening.
· Section 8-7-3-5 (D): Conditions of Permit
Upon the granting of a conditional use permit, conditions may be attached to said permit
including, but not limited to, those:
I. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services,
and;
7. Requiring more restrictive standards than those generally required in this
Title.
· Eagle City Code Section 8-7-3-5 (F)
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
C. DISCUSSION:
· Based on historical growth rates in the Eagle area, Idaho Power Company predicts the need for
additional electric capacity in the form of a new electric distribution substation around 2012.
The recent increase in development in the area prompted Idaho Power to look for available
property in the vicinity that would be appropriate for the substation. In 2003 Idaho Power
purchased a five-acre site on the southeast corner of the Beacon Light Road and Linder Road
intersection where the substation will be located. Idaho Power received a conditional use
permit from Ada County in 2006, for the substation and one-mile of right-of-way located
within Ada County's jurisdiction for the construction of the sub-transmission line. The sub-
transmission line is needed to connect the substation to the existing transmission grid.
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· This route is a change from Idaho Power's initial proposal. Idaho Power originally intended to
route the line along Linder Road. Due to public opposition, the City of Eagle assembled a task
force to evaluate several line route options. Idaho Power participated in the task force efforts
and after several meetings and evaluation of the routes, the task force recommended using the
State Highway 16 and Beacon Light corridors rather than Linder Road.
· Of the approximate four-mile line route, approximately 500-feet of frontage along State
Highway 16 is within the City Limits of the City of Eagle, and the balance of the route is
within the Eagle Area of Impact. Idaho Power desires to obtain the required penn its at this
time in order to protect the route of the sub-transmission line as well as inform property
owners adjacent to the route of the line well ahead of construction time.
· Construction of the sub-transmission line will begin on the east side of State Highway 16 at
the intersection with State Highway 44. The existing 138 kV line that runs along State
Highway 44 will be tapped and the new line is planned to be constructed along the east side of
Highway 16 and proceed north to Beacon Light Road. The line along Beacon Light Road
beginning at Highway 16 will be constructed on the south side of Beacon Light for
approximately I Z2 miles, then transition to the north side of the road for approximately Y2 mile
to avoid a grove of mature trees, and then complete the route to the substation on the south
side of Beacon Light Road.
· The sub-transmission line will be designed as follows:
A. 85' - 95' tall tubular steel poles along Highway 16; 75' - 95' along Beacon
Light Road. The poles will be weathering steel.
B. Poles will be spaced approximately 300-feet apart from each other.
C. Poles will be located either in the public right-of-way or just outside the road
right-of-way on a private easement obtained from adjacent property owners.
D. Along State Highway 16, the line will be constructed to accommodate one 138
kV circuit on one side of the pole and one 230 kV circuit on the other side of
the pole. Along Beacon Light Road the line will be constructed to
accommodate two 138 kV circuits.
· On May 15, 2007, Kleinfelder West, Inc. performed a site analysis of the approximately five-
mile long, 200-foot wide (100 foot-wide area on each side of the road) property involved in the
construction of the 230 kV & 138 kV sub-transmission line. The following are conclusions
regarding impact of the proposed transmission line on natural features observed on the site:
a. Topography: Topography across the site is generally flat with slopes of less
than five percent.
b. Soils: The corridor contains nine soil types, which are generally classified as
having well to excessive drainage and a low to moderate shrink to swell
potential. The chance for erosion of site soils is slight.
c. Hvdrology: The Little Gulch Creek, Dry Creek Canal, and other numerous
irrigation drainage ways intersect State Highway 16 and Beacon Light Road.
Soils along these drainages may be wet and not recommended for engineering
uses.
The corridor is located within the current Boise River 500-year floodplain or
100-year floodplain with accumulations of less than one foot. Based on
IDWR groundwater measuring surveys groundwater is anticipated to be fifty
feet below ground surface. Site development is not anticipated to affect area
wetlands on hydrology.
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d. Vegetation: The design of the plan protects or mitigates impacts on corridor
vegetation by running the transmission line run north on the east side of State
Highway 16 from State Street to Beacon light Road then will run east on the
south side of Beacon Light Road. The lines will then traverse to the north side
of Beacon Light Road, then traverse to the south side of Beacon Light Road to
the intersection of Beacon Light Road and Linder Road. This route will avoid
the majority of existing older trees.
e. Sensitive Species: The IF&G did not report any species of special concern in
the project area.
f. Historic Resources: Twenty historic sites were identified within one-mile of
the proposed transmission line corridor. Four potential historic sites were
recorded within 100 feet of State Highway 16 and Beacon Light Road.
Twelve of the sites are described as contributing, and seven are described as
eligible to a potential National Register district, however the sites have not
been individually assessed nor has a district been established for the sites. The
proposed route of the transmission line was designed to mitigate impacts to
potential or individually eligible historic sites.
g. Hazardous Areas: No hazardous areas were identified at the site. The corridor
is developed by rural residential and agricultural properties. Utilities observed
on the site included overhead power lines and an underground natural gas,
cable, and fiber optic lines. "Digline" should be contacted prior to initiating
any subsurface activity at the site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staffrecommends approval of the conditional
use permit with the site specific conditions of approval and the standard conditions of approval
provided in the staff report
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
August 20, 2007, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by two individuals concerned about the route of the transmission line and the
perceived devaluation of their property due to the line placement.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
no one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 3 to 0 (Felix, Aspitarte absent) to recommend approval of CU-09-07 for a
conditional use permit for a public service facility/height exception request - 230 kV & 138 kV
sub-transmission line for Idaho Power Company, with the following staff recommended site
specific conditions of approval and standard conditions of approval with underline text to be added
by the Commission:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Only the conditional use permit and height exception for the two (2) 92-foot high (maximum)
utility poles are approved (with the following conditions). The application is subject to the
conditions of design review.
2. The project shall conform to the route and specifications submitted by Idaho Power Company date
stamped by the City on June 22, 2007. Any proposed significant change, as detennined by the
Zoning Administrator, shall be subject to subsequent hearings before the Planning & Zoning
Commission and the City Council.
3. The line will be constructed in accordance with generally accepted industry engineering and safety
specifications.
4. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project prior to the issuance of a zoning certificate.
5. The applicant shall obtain a Zoning Certificate from the City of Eagle Planning and Zoning
Department prior to commencing any construction within the proposed power line corridor located
within the Eagle City limits.
6. The conditional use permit expires October 2. 2013. Should construction of the line not commence
bv 2013. the applicant mav applv for a one (I )-year extension with the City.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks. A letter of approval from the highway district having
jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building penn its or Certificate of Occupancy, whichever occurs first.
3. All pennits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be
secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifYing that all drainage shall be retained on-site prior to issuance of any building pennits or
Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be
submitted with the letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
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The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building pennits or Certificate of Occupancy, whichever
occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage
easement and no runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy pennit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certifY that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose
of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated
public right-of-way, prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
II. The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building penn its or Certificate of Occupancy,
whichever occurs first. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
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Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever
occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building pennit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to issuance of a building pennit or Certificate
of Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building penn it or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
23. No change in the tenns and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confinnation of any change from the City of Eagle.
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24. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and
Zoning Commission approval date).
25. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City hannless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 22, 2007.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on June 30, 2007. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on July 20,2007. The site was posted in accordance with
the Eagle City Code on August 10,2007. Requests for agencies' reviews were transmitted on July 20,
2007, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-09-07) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
conditional use permit is in accordance with the Eagle City Code because:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City
Code Title 8 since public service facilities may be permitted in the AR (AgricuItural-
Residential) and RR (Rural Residential) zoning districts since a public service facility
as defined within Section 8-1-2 requires a conditional use permit;
B. Will be hannonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title
8) since there are no inconsistencies with the Comprehensive Plan and since a public
services facility is permitted with the approval of a conditional use within the AR
(Agricultural-Residential) and RR (Rural Residential) zoning districts and the
Comprehensive Plan designates this site as residential and the development will be
required to meet conditions of design review;
C. Will be designed, constructed, operated and maintained to be hannonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area since
the public service facility is located within a residential development and will meet the
City's design review requirements and design requirements;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
public service facility will be constructed in accordance with generally accepted
industry standards and safety specifications;
E. Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer and
schools; or that the persons or agencies responsible for the establishment of the
proposed use shall be able to provide adequately any such services as noted in
responses received by agencies providing the public services or as conditioned herein;
F. Will not create excessive additional requirements at public cost for public facilities
and services and will not be detrimental to the economic welfare of the community
since the project will be funded by Idaho Power Company;
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K:\Plarming Dept\Eagle Applications\ClJ\2007\fU-09_07 Idaho Power Trans Line pzf doc
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors; and
H. Will not result in the destruction, loss or damage of a natural, scenic or historic feature
of major importance since none are apparent on this site.
4. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-09-07) for a height exception to allow two (2) 92'-foot-high power poles (57-
feet higher than the required maximum of 35-feet), and based upon the infonnation provided
concludes that the proposed height exception is appropriate for the proposed corridor for several
reasons; I) The height of the poles have been engineered to industry standards to support the weight of
the lines and associated equipment they will be supporting. The height of the poles is necessary to
support the power lines, transfonners, insulators and condensers used to balance the electrical current
of the line and allow the velocity of electricity moving through the line to be maintained to industry
standards. 2) The tensile strength of the material the poles are fabricated out of is stronger and more
durable than traditional wooden power poles and therefore the use of metal poles allows for greater
spacing between poles meaning fewer poles will be needed for the transmission line corridor. 3) The
use of poles along the corridor is a less expensive and more realistic approach than putting the
transmission lines underground.
5. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DA TED this 4th day of September 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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K\Planning Dept\Eagle ApplicationsICU\2007\CU-09_07 Idaho Power Trans. Line pzfdoc