Findings - PZ - 1999 - CU-1-99 - Construct A New 138Hv Sub-Transmission Ine To Connect The Existing Substati
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A NEW
138HV SUB-TRANSMISSION LINE FOR
IDAHO POWER COMPANY
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-1-99
The above-entitled conditional use application came before the Eagle Planning and Zoning
Commission for their recommendation on April 5, 1999. 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 Jerry Ellsworth, is requesting conditional use
approval to construct a new 138hv sub-transmission line to connect the existing
HP Substation located on the east side of Cloverdale Road approximately Y4-mile
south of Chinden Blvd. to the existing 138hv sub-transmission line located near
the northeast corner of State Highway 44 and State Highway 55. The portion that
is proposed to be constructed within the Eagle City Limits is located at 2500 E.
State Street (temp. address) near the intersection of State Highway 44 and State
Highway 55 extending southward approximately Y2-mile.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on March 4, 1999.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on March 17, 1999. 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 March 19, 1999. Requests for agencies'
reviews were transmitted on March 5, 1999 in accordance with the requirements
of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: DR-15-99
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial/Mixed MU (Mixed Use)/M-3 Concrete Plant/Gravel
Use/Medium Density (Extractive Industrial Extraction
Residential (4-units per acre District)/C-2 (General Business
max.)/Floodway District)
Proposed No Change No Change Concrete Plant/Gravel
Extraction & Transmission
Power Line
North of site Commercial C-3 (Highway Business Vacant
District)
South of site Floodway RP (Residential) Sand and Gravel Extraction
and Boise River
East of site Commercial/Mixed MU (Mixed Use)/M-3 Future Residences (Lakeland
Use/Medium Density (Extractive Industrial Estates Subdivision)
Residential (4-units per acre District)/M-2 (Heavy Industrial
max.)/Floodway District)/C-2 (General Business
District)
West of site Commercial/Mixed MU (Mixed Use)/M-2 (Heavy Concrete Plant/Gravel
Use/Medium Density Industrial District)/C-2 Extraction
Residential (4-units per acre (General Business District)/R-4
max. )/Floodway (Residential)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
Monroc Concrete Plant is the existing commercial use located at this site.
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1.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 3A9-acres (total size of sub- N/a
transmission line easement)
Percentage of Site Devoted to N/a N/a
Building Coverage
Percentage of Site Devoted to N/a N/a
Landscaping
Number of Parking Spaces N/a N/a
Front Setback N/a N/a
Rear Setback N/a N/a
Side Setback N/a N/a
Side Setback N/a 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 sub-transmission line poles
are proposed to be 70-feet to 79-feet.
Gross Floor Area of Proposed Buildings: N/a
On and Off-Site Circulation:
With the exception of structure #49 being located within public right-of-way, no
public access to the sub-transmission line is proposed.
K.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters have been provided by Central District Health
Department and Eagle Fire Department.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
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Areas of Critical Environmental Concern - A portion of this site is designated a Special
Area and a Hazard Area in the
Comprehensive Plan
Evidence of Erosion - unknown
Fish Habitat - unknown
Floodplain-yes
Mature Trees - yes
Riparian Vegetation - unknown
Steep Slopes - unknown
Stream/Creek-yes
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED): An EAP is not required, however, a Floodplain Development Permit is
required.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Q.
LETTERS FROM THE PUBLIC: None received to date
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;
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D.
E.
Will not be hazardous or disturbing to existing or future neighborhood uses;
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
1.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
C.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Hazard Areas And Special Areas
BOISE RIVER FLOODPLAIN:
The Boise River Floodplain is designated as a "Hazard Area" due to the possibility
for flooding and is also designated as a "Special Area" due to its ecological and
scenic significance. Lower residential densities and larger opens space areas are
encouraged.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
DISCUSSION:
. 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 1" (required findings for
approval of a conditional use), has made the following conclusions:
The proposed conditional use;
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A.
B.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of
Eagle City Code Title 8 for the C-2, MU, and M-3 zoning districts since
Public Service Facilities are shown as needing approval of a conditional
use permit in all zones shown on the "Official Schedule of District
Regulations" chart of that section;
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
Comprehensive Plan and since a floodplain development permit
application will be required to mitigate concerns of the of development
within a designated "Hazard Area" (tOO-year floodplain) and since the
development will be required to meet conditions of a design review
application;
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 development will be required to meet
the City's design review requirements;
D.
Will not be hazardous or disturbing to existing or future neighborhood
uses since the area is planned for commercial uses allowed within the C-2,
MU, and M-3 zones and since the only residential area located near this
site is buffered with a berm and extensive landscaping;
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 or state that such services are not needed as
noted is responses received by agencies providing the public 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
as are to be approved by the highway district having jurisdiction; and
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1.
Will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance since none of the poles are proposed
to be installed within the Boise River and since no scenic or historical
features are apparent on this site.
ST AFF 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 the 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
April 5, 1999, 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 no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one (not including the applicant and their representatives).
COMMISSION DECISION:
The Commission recommended approval (5 to 0) for the conditional use permit for a new
138hv sub-transmission line for Idaho Power Company with the following conditions.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Design Review Board approval is required prior to construction.
2. City Engineer approval of a floodplain development permit is required prior to construction
within a special flood hazard area.
3. The applicant shall submit payment to the City for all Engineering fees incurred for
reviewing this project, prior to issuance of a floodplain development permit.
4. Provide letters from AP A, ACHD, and ITD verifying that the proposed transmission line will
be located so as not to conflict with the planned southerly extension of State Highway 55 in
this location.
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
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3.
required prior issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
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.
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
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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.
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.
9.
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.
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.
10.
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.
11.
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.
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. "
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..
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
(ie; 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.
The proposed fire protection system shall be reviewed and approved by the Eagle
12.
b.
c.
d.
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13.
14.
15.
Fire Department prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
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.
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.
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.
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 permit 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.
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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.
23.
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).
24.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 4, 1999.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on March 17, 1999. 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 March 19,
1999. Requests for agencies' reviews were transmitted on March 5, 1999 in accordance with
the requirements of the Eagle City Code.
3. The Planning and Zoning Commission 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
Eagle City Code Title 8 for the C-2, MU, and M-3 zoning districts since
Public Service Facilities are shown as needing approval of a conditional
use permit in all zones shown on the "Official Schedule of District
Regulations" chart of that section;
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
Comprehensive Plan and since a floodplain development permit
application will be required to mitigate concerns of the of development
within a designated "Hazard Area" (100-year floodplain) and since the
development will be required to meet conditions of a design review
application;
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 development will be required to meet
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D.
E.
the City's design review requirements;
Will not be hazardous or disturbing to existing or future neighborhood
uses since the area is planned for commercial uses allowed within the C-2,
MU, and M-3 zones and since the only residential area located near this
site is buffered with a berm and extensive landscaping;
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 or state that such services are not needed as
noted is responses received by agencies providing the public 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
as are to be approved by the highway district having jurisdiction; and
1.
Will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance since none of the poles are proposed
to be installed within the Boise River and since no scenic or historical
features are apparent on this site.
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DATED this 19th day of April, 1999.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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<.../ SharofJ. Moore, Eagle City lerk
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