Findings - CC - 2017 - CU-04-17 - Consturct 138Kv Transmission Line Along West Beacon Light Road And St Hwy 16BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
CONDITIONAL USE PERMIT TO CONSTRUCT )
A 138 kV TRANSMISSION LINE ALONG WEST )
BEACON LIGHT ROAD AND STATE )
HIGHWAY 16 (PREVIOUSLY 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 City Council for their
consideration on July 25, 2017, at which time public testimony was taken. The Council requested that the
applicant provide a more detailed analysis of the feasibility of routing the transmission line along State
Highway 16, and continued the public hearing to August 8, 2017, at which time public testimony was taken
and the public hearing was closed. The Council made their decision at that time. The Eagle City Council
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 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 (Note: see Council Decision herein for routing change). 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.
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Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 10,
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 July 7, 2017. The site was posted in accordance with the Eagle City
Code on July 14, 2017.
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 corner 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).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING DESIGNATION LAND USE
DESIGNATION
Existing Mixed Use, Residential
Two, Residential Rural,
Transitional Residential,
and Village Center
Proposed
North of site
South of site
East of site
West of site
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
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)
ACRD right-of-way,
agriculture, single family
residential
138 kV power transmission
line
Agriculture, single family
residential
Agriculture
Agriculture
Agriculture
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G. DESIGN REVIEW OVERLAY DISTRICT:
The site is not in the DDA, TDA, CEDA, or DSDA overlay districts.
H. EXISTING SITE CHARACTERISTICS:
The transmission line is proposed to follow existing ACRD 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.
I. 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.
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:
Ada County Highway District
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
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P LETTERS FROM THE PUBLIC:
Correspondence received from Muller Family Trust, LLLP, date stamped by the city on July 19,
2017
Petition in opposition to the subject application, date stamped by the city on July 31, 2017
Correspondence received from Margene Muller, date stamped by the city on July 31, 2017
Correspondence received from Clint Travis, date stamped by the city on July 31, 2017
Correspondence received from Darlene Travis, date stamped by the city on July 31, 2017
Correspondence received from Barbara & Ralph Wilder, date stamped by the city on July 31, 2017
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;
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.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• 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
o 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.
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.
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O Map 4.4: Electrical Transmission Corridor
7Mr HAY
Features Legend
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Preferred 270 kV Tnnunfeaen
Mt.m.tiw 170 kV Tranamfeaon
Wang Transmission
Eagle City lime
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IDAHO POWYS COMPMIY. DOM ID
Pigmy 1
City of Eagle Idaho
Preferred Alternatives
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MMerreere ee
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
o 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.
o Eagle City Code Section 8-2-3: SCHEDULE OF DISTRICT USE REGULATIONS:
Public service facility is a conditional use in all zones.
o 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').
o 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:
e 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(f).
o 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.
a 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;
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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:
o The proposed transmission lines may encroach on farmland/irrigation canals.
o 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:
o ACHD provided no input on the application.
o The proposed transmission lines would be placed along West Beacon Light Road to allow for road
widening and roundabouts.
o It would make sense for Idaho Power to place the transmission lines along North Linder Road or
along Highway 16.
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COMMISSION DELIBERATION: (Granicus time 01:13:05)
Upon closing the public hearing, the Commission discussed during deliberation that:
o The applicant has worked well with the public.
o 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 State Highway 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
site specific conditions of approval and standard conditions of approval provided within their Findings of
Fact and Conclusions of Law document, dated July 10, 2017.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 25, 2017, at which time
testimony was taken. The Council requested that the applicant provide a more detailed analysis of the
feasibility of routing the transmission line along State Highway 16 and continued the public hearing to
August 8, 2017, at which time public testimony was taken and the public hearing was closed. The
Council made their decision at that time.
B. Oral testimony in opposition to the application was presented to the City Council by two (2) individivals
who indicated the following concerns:
O The transmission line should not be routed along North Palmer Lane.
C. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
D. Oral testimony neither in favor or nor in opposition to the application was presented by the City Council
by two (2) individuals who indicated the following concerns:
o The applicant should use existing poles.
o The transmission line should be routed along North Palmer Lane.
o The transmission line should be placed along Beacon Light Road in a way to discourage
widening.
COUNCIL DECISION:
The Council voted 4 to 0 to approve 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 State Highway 16
and then extending south on the east side of State Highway 16 to State Highway 44, with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval with strikethrough text to be deleted by the Council:
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.
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2.
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]).
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rau.4 'Nip Dip 18-Aftefial
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feet,frm. tl:
The maximum height shall be determined by the applicant's engineer and indicated on the site plan
included with the design review application.
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.
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.
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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 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 fmal 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
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:
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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, 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.
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.
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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.
27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the
event there is a new owner of the property, the new owner(s) shall be bound by the same conditions of
approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide
written acknowledgment to the City accepting the terms of the transferred conditional use permit within
sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the
conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be
declared void after notice and public hearing before the city council.
CONCLUSIONS OF LAW:
1. The Council 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 and height exceptions may be permitted pursuant to Eagle City Code
Section 8 -2A -6(B)(6);
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;
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.
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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 22nd day of August, 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
72)Q
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle C y Clerk
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