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Findings - PZ - 2017 - CU-04-17 - Cup To Construct 138 Kv Tranmission Line/W Beacon Light Rd/N Palmer LaneBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A ) CONDITIONAL USE PERMIT TO CONSTRUCT ) A 138 kV TRANSMISSION LINE ALONG WEST ) BEACON LIGHT ROAD AND ALONG NORTH ) PALMER LANE FOR IDAHO POWER ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU -04-17 The above -entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on June 19, 2017, at which time public testimony was taken and the public hearing was closed. 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, represented by Jeff Maffuccio, is requesting conditional use permit approval to construct a 138 kV transmission line along the south side of West Beacon Light Road (extending from the substation site located on the southeast comer of West Beacon Light Road and North Linder Road) to North Palmer Lane and then extending south on the east side of North Palmer Lane to SH 44. The application also includes permitting for a future 138 kV transmission line route along the south side of West Beacon Light Road extending from North Palmer Lane west to SH -16. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, on Wednesday, March 22, 2017, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on May 3, 2017. 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 June 2, 2017, June 3, 2017, June 5, 2017, and June 7, 2017. 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 May 19, 2017. The site was posted in accordance with the Eagle City Code on June 12, 2017. Requests for agencies' reviews were transmitted on May 5, 2017, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: In 2006, Ada County Planning and Zoning Commission approved a conditional use permit for the construction of an electrical substation on the southeast comer of Beacon Light and Linder Road. On November 27, 2007, the Eagle City Council approved a conditional use permit for a public service facility/height exception request (92 -feet) for a 230 kV & 138 kV sub -transmission line along State Highway 16 for Idaho Power (CU -09-07). Page 1of13 K:\Planning Dept\Eagle Applications•CU\201 TCU -04-17 Idaho Power Transmission Line Beacon Light-Palmer\CU-04-17 Idaho Power Transmission Line Beacon Light -Palma pzfdocz E. F. COMPANION APPLICATIONS: None COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site East of site West of site COMP PLAN DESIGNATION Mixed Use, Residential Two, Residential Rural, Transitional Residential, and Village Center No Change Transitional Residential, Village Center, Residential Rural Professional Office, Residential Two, and Village Center Residential Two, Residential Rural, Transitional Residential Mixed Use, Residential Two ZONING DESIGNATION A -R (Agricultural Residential), MU (Mixed Use), R-2 (Residential), R-4 (Residential), RUT (Rural Urban Transition — Ada County designation) No Change A -R (Agricultural Residential), MU (Mixed Use), RUT (Rural Urban Transition — Ada County designation) MU (Mixed Use), RUT (Rural Urban Transition — Ada County designation) MU (Mixed Use), R-2 (Residential), R-4 (Residential), RUT (Rural Urban Transition — Ada County designation) A -R (Agricultural Residential), MU (Mixed Use), R-2 (Residential), R-4 (Residential), RUT (Rural Urban Transition Ada County designation) G. DESIGN REVIEW OVERLAY DISTRICT: The site is not in the DDA, TDA, CEDA, or DSDA overlay districts. H. EXISTING SITE CHARACTERISTICS: LAND USE ACHD right-of-way, agriculture, single family residential 138 kV power transmission line Agriculture, single family residential Agriculture Agriculture Agriculture The transmission line is proposed to follow existing ACHD right-of-way along the south side of West Beacon Light Road and the east side of North Palmer Lane. The surrounding properties are currently primarily devoted to agriculture. SITE DESIGN INFORMATION: The 138 kV transmission line will include 80 -foot tall steel poles located near the Beacon Light Substation and the intersection of roads. All other poles are proposed to be 67 -feet. A height exception request is included in this conditional use permit application. Page 2 of 13 K: Planning Dept\Eagle Applications'•CU\2017\CU-04-17 Idaho Power Transmission Line Beacon Light-Palmer\CU-04-17 Idaho Power Transmission Line Beacon Light -Palmer pzfdocx J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: None. Height and Number of Stories of Proposed Buildings: None. Gross Floor Area of Proposed Buildings: None. On and Off -Site Circulation: The proposed power lines will be accessed for maintenance from existing right-of-way. K. PUBLIC USES PROPOSED: None proposed. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists M. SPECIAL ON-SITE FEATURES: 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— yes — the proposed transmission lines would cross several irrigation canals Unique Animal Life — unknown Unique Plant Life — unknown Unstable Soils — unknown Wildlife Habitat — unknown N. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required O. 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: Eagle Fire Department Idaho Department of Environmental Quality Idaho Transportation Department Sawtooth Law Offices (on behalf of Middleton Mill Ditch Company and Middleton Irrigation Association, Inc.) Tesoro Logistics P. LETTERS FROM THE PUBLIC: None received to date. Q. 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 fmd 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; Page 3 of 13 K:\Planning Dept\Eagle Applications •CU\201 7 \CU -04-17 Idaho Power Transmission Line Beacon Light -Palmer \CU -04-17 Idaho Power Transmission Line Beacon Light -Palmer pzidocx 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: 0 4.9: Other Services and Utilities Existing Conditions: A. Electricity: Idaho Power Company (IPC) provides electrical service throughout the City of Eagle (approximately 10,222 customers in 2014) and the Eagle AOI. IPC is a public service company regulated by the Idaho Public Utilities Commission (IPUC). In 2012, Idaho Power completed the Eastern Treasure Valley Electrical Plan (ETVEP), the purpose of the plan is to establish clear expectation between Idaho Power (the service provider), land use agencies and the general public for the provision and expansion of electrical service within the Valley. The goals of the plan are: 1. Promote economic development 2. Support existing business, property rights and land uses 3. Be sensitive to agriculture 4. Encourage positive interaction between communities 5. Be aware of environmentally sensitive areas 6. Consider community character 7. Continue to meet power needs and prepare for the future 8. Be efficient as possible 4.9.1: Other Services and Utilities Goals: B. Electricity: 1. Work to ensure that all utilities are under grounded at the time of development, up to and including 34.5kV. (See Map 4.4) 2. Designate the general locations and visual impacts of existing and proposed electric facilities. 3. The City of Eagle's plan for electric utility facilities will be formulated, interpreted, and applied in a manner consistent with and complementary to the serving utility's public service obligations. Page 4 of 13 K\Planning Dept\Eagle Applications CU\201 7 \CU -0417 Idaho Power Transmission Line Beacon Light-Palmer\CU-04-17 Idaho Power Transmission Line Beacon Light -Palmer pzf docx 4. Decisions made by the City of Eagle regarding electric utility facilities within the city and AOI will be made in a manner consistent with and complementary to regional electrical demands and resources. 5. Planning by the City of Eagle for electric utility facilities development will be coordinated with planning by other jurisdictions for electric utility facility development. 6. Work to encourage communication and cooperation on landscape, design and locating future facilities to limit visual impacts and co -locate with other utility providers when feasible. Page 5 of 13 K:\Planning Dept\Eagle Applications\CU\2017\CU-04-17 Idaho Power Transmission Line Beacon Light -Palmer CU -04-17 Idaho Power Transmission Line Beacon Light -Palmer pzf.docx • Map 4.4: Electrical Transmission Corridor Features Legend A, ESISMp Substation • Preferred Distribution Substations O Preferred Hub Substations - Preferred 136 kV Trmxnlsfon - Preferred 230 kVTranenhton -- Alternative 736 kV Tmmbtm - Existing Tnmmiston Eagle City [knit mAIIO Powys coM►AAry. BOISE. ID Figure 1 City of Eagle Idaho Preferred Alternatives Af Mob. mom Page 6 of 13 K:\Planning Dept\Eagle Applications.CU\201 TCU -04-17 Idaho Power Transmission Line Beacon Light-PalmeACU-04-17 Idaho Power Transmission Line Beacon Light -Palmer pzf docx B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: 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. • Eagle City Code Section 8-2-3: SCHEDULE OF DISTRICT USE REGULATIONS: Public service facility is a conditional use in all zones. • Eagle City Code Section 8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS: The maximum height in all zones for this application is thirty-five feet (35'). • Eagle City Code Section 8 -2A -6(B)(6): Architectural appurtenance height restrictions: a. 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 permitted if a conditional use permit is approved by the city council. C. DISCUSSION: • The applicant is requesting conditional use permit approval to construct a 138 kV electrical power transmission line adjacent to North Palmer Lane between State Highway 44 and West Beacon Light Road and adjacent to West Beacon Light Road between North Linder Road and North Palmer Lane. The applicant is also requesting permitting for future construction of a similar transmission line adjacent to West Beacon Light Road between North Palmer Lane and State Highway 16. Transmission lines fall under the use category of "public service facility," which requires conditional use permit approval in all zones. • The applicant's narrative, date stamped by the city on May 3, 2017, states, "Idaho Power has proposed to use 67 -ft tall wood poles along Beacon Light Road and along Palmer Lane. Within proximity of the Beacon Light Substation and at each intersection, 80 -ft tall steel poles will be required. The steel poles will be finished to look like wood ("weathered") and are necessary to hold the weight of the lines going in different directions and to provide clearance across State Street." Since the maximum height in all zones for this application is 35 -feet, the applicant is requesting approval of a height exception in conformance with Idaho Code 67-6512(0. • The applicant is proposing to use a mix of wood and steel poles. The steel poles will be finished to look similar to wood. The applicant should be required to submit a design review application for the appearance and location of the poles. The application should be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. • Staff has reviewed the particular -facts and circumstances of this proposed conditional use and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a conditional use), has made the following conclusions: The proposed conditional use; 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; Page 7 of 13 K:\Planning Dept\Eagle Applications.CU\20I7\CU-04-17 Idaho Power Transmission Line Beacon Light-Palmer\CU-04-17 Idaho Power Transmission Line Beacon Light -Palmer pzf.docz 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 RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and standard conditions of approval provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on June 19, 2017, 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 the application was presented to the Planning and Zoning Commission by one (1) individual who indicated the following concerns: • The proposed transmission lines may encroach on farmland/irrigation canals. • Proper notice of the neighborhood meeting was not provided. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning and Zoning Commission by five (5) individuals who indicated the following concerns: • ACHD provided no input on the application. • The proposed transmission lines would be placed along West Beacon Light Road to allow for road widening and roundabouts. • It would make sense for Idaho Power to place the transmission lines along North Linder Road or along Highway 16. Page 8 of 13 K:\Planning Dept\Eagle Applications CU\2017\CU-04-17 Idaho Power Transmission Line Beacon Light-Palmer1CU-04-17 Idaho Power Transmission Line Beacon Light -Palmer pzf docx COMMISSION DELIBERATION: (Granicus time 01:13:05) Upon closing the public hearing, the Commission discussed during deliberation that: • The applicant has worked well with the public. • The commission had no concerns with allowing for heights greater than requested for the poles. COMMISSION DECISION: The Commission voted 3-0 (Guerber and Villegas absent) to recommend approval of CU -04-17 for a conditional use permit to construct a 138 kV transmission line along the south side of West Beacon Light Road (extending from the substation site located on the southeast corner of West Beacon Light Road and North Linder Road) to North Palmer Lane and then extending south on the east side of North Palmer Lane to SH 44, including permitting for a future 138 kV transmission line route along the south side of West Beacon Light Road extending from North Palmer Lane west to SH -16 for Idaho Power, with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added and strikethrough text to be deleted by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for reviewing this project prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 2. The conditional use permit approval for the future development of an 138kV transmission line route along the south side of West Beacon Light between North Palmer Lane and State Highway 16 shall expire 10 -years after the date of approval of this application. 3. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department prior to commencing construction (ECC 8-7-2[A]). 4. The maximum height of any pole located within 1/2 -mile of the Beacon Light Substation or within 300 - feet of any intersection of two or more streets identified as a Collector, Minor Arterial, Principle Arterial or Expressway on the Ada County 2040 Functional Street Classification System Map shall not exceed 50 -82 -feet, measured from the average grade at the base of the pole. All other poles shall not exceed 6 70 -feet, measured from the average grade at the base of the pole. 5. The applicant shall submit a design review application for the appearance and location of the poles. The application shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. 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 permits or Certificate of Occupancy, whichever occurs first. 3. All permits 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. Page 9 of 13 K:\Planning Dept\Eagle Applications \CU\2017\CU-04-17 Idaho Power Transmission Line Beacon Light-Palmer\CU-04-17 Idaho Power Transmission Line Beacon Light -Palmer pzfdocz 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 permits 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. 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 permits 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 permit 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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the Page 10 of 13 K:\Planning Dept\Eagle Applications\CU\201TCU-04-t 7 Idaho Power Transmission Line Beacon Light -Palmer \CU -04-17 Idaho Power Transmission Line Beacon Light -Palmer pzf docz street lights shall be the responsibility of the applicant. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 11. 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. 12. 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. 13. 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 permits 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 fmal 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, 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. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or 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. 15. 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 permit or Certificate of Occupancy, whichever occurs first. 16. 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 permit or Certificate of Occupancy, whichever occurs first. 17. 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. 18. 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 permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. Page 11 of 13 K:\Planning Dept\Eagle Applications \CU\2017\CU-04-17 Idaho Power Transmission Line Beacon Light-Palmer\CU-04-17 Idaho Power Transmission Line Beacon Light -Palmer pzidocx 20. 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. 21. 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. 22. 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. 23. 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. 24. No change in the terms 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 confirmation of any change from the City of Eagle. 25. 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). 26. 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 harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU - 04 -17) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has concluded that the proposed conditional use: 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 districts involved since Public Service Facilities are identified as conditional uses in all zones; 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) since there are no inconsistencies with the Eagle Comprehensive Plan or Eagle City Code; 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 since the design and appearance of the poles will require design review approval; 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; Page 12 of 13 KAPlanning Dept\Eagle Applications\CU\2017\CU-04-17 Idaho Power Transmission Line Beacon Light-Palmer\CU-0417 Idaho Power Transmission Line Beacon Light -Palmer pzidocx 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 since the poles will be designed to minimize the cost of long-term maintenance; 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 since the transmission line will not require vehicular access except during construction and maintenance; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of major importance since none are apparent on the site. 2. 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. DATED this 10th day of July, 2017. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairman ATTEST: Sharon K. Bergmann, Eagle City Cl k Page 13 of 13 K\Planning Dept\Eagle Applications '•.CUh201 TCU -0417 Idaho Power Transmission Line Beacon Light-Pa1mer,CU-04-17 Idaho Power Transmission Line Beacon Light -Palmer pzf docx