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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
vs.
CASE NO. IPC-O4-
IDAHO POWER COMPANY
Complainant
CITY OF EAGLE IDAHO.
Respondent.
IDAHO POWER COMPANY
DIRECT TESTIMONY
DAVID L. SIKES
Please state your name and business address.
David L.Sikes and my businessMy name
address is 1221 West Idaho Street , Boise,I am alsoIdaho.
known Kip like disclose thatSikes.would
personal residence EagleChaucer1577Way
located . north of Floating Feather Road,between Ballantyne
Lane and Meridian Road.am not. personally or directly
affected proposed facility routes undertheany
consideration in this case.
whom employed whatyouandare
capaci ty?
I am employed by Idaho Power Company as the
Leader Distribution Planning and LoadtheCustomer
Research Departments.
Please describe you~ educational background.
recei ved1982,BachelorMay
Science Degree wi th honors from the Uni versi ty of Idaho in
Electrical Engineering.I have also taken non-matriculated
gradua te level 1991,took and passed thecourses.
Professional Engineer s exam and I am a licensed engineer in
the State of Idaho.
Please describe experience withyourwork
Idaho Power Company.
During my college education,I was employed
Idaho for three consecutive yearsCompanyPower
summer engineering student.Upon my graduation in 1982, the
Company hired me to work in the System Planning Department
where I participated in both distribution and transmission
SIKES, DI
Idaho Power Company
planning.studies load andforperformedsystemnew
generation provided operations andrequests,support
developed most of the methods and approaches currently used
In Distribution Planning at the Company.
Beginning in 1988 'until 1991,I worked as a System
Planning Engineer conducting transmission transfer capacity
studies on the interconnected grid.
1991,promoted Distribution Planningwas
Supervi sor responsible expansion plans forandwasfor
substations,distribution and sub-transmission systems.
was named National Chair the Edison EJectric Institute
Distributed Resource Committee in additi,on to having a lead
role in development of the Company s Reliability Management
1995,those responsibili ties furtherProcess.were
expanded due to an internal re-alignment.I also developed
a methodology and submitted a technical paper on stochastic
reliabili ty assessment on voltage sags,customer impact and
mi tiga tion methods that was published by the Institute of
Electrical and Electronic Engineers.
Beginning responsibili ties again2001,were
increased as Load Research Department wastheCus tomer
aligned under me.
Please briefly summarize the present need for
a 138-kV sub-transmission line from the vicinity of the City
of Eagle to the new Star Substation that is located between
Plummer Lane and Highway 16, approximately 625 feet north of
Highway 44.
Several years ago,Idaho Power long-range
SIKES, DI
Idaho Power Company
planning process identified need for addi tionalthe
transmission facilities The areasin western Ada County.
around Eagle and continue experience significantStar
growth.This area is currently served from the east by the
Eagle Substation in downtown Eagle and from the west by the
Lansing eastSubstationjustloca ted along Piighway
Middleton.StarThe Substation is . complete and providing
limi ted serVlce that is constrained by the 69-kV temporary
source.
Historically, both the Lansing and Eagle substations
were supplied by a 69-kV sub-transmission line located along
State Street/Highway 44 between downtown Boise and Caldwell.
lncreaslng City thetheEagleandgrowth,Due
surrounding area required increased capaci ty in both the
Eagle Substation and the 69-kV sub-transmission line.This
work was completed in 1996 with the addition of transformer
capaci ty theSubstationconversiontheEagleand
existing sub- transmi s s i on line operation138-along
from the Glenwood intersection the EagleStateStreet
Substation.
The existing 69-kV sub-transmission line between the
Eagle and Lansing substations remained in place for future
upgrade to 138-kV when required.in the fallAddi tionally,
the Lansing Substation capacity was upgraded and1999,
two distribution feeders were added to support area growth.
service western Adaterri toryTheCompany
County is experiencing substantial real estate development
and commercial and developmentwithgrowth.that growth
SIKES, DI
Idaho Power Company
comes rapidly-increasing electrical loads.
61-302 obligates Idaho Power to serveIdaho Code
just andefficient,those loads manner that
reasonable.Idaho Power has identified the area surrounding
the City Idaho vulnerableparticularlyStar
service degradation because the facilities serving that area
strained continuingexistingandseverelyare
development.
While growth in the Star area is materializing at a
slightly size theduethesmallerslowerrate
communi ty and the additional commute distapces from Star to
Boi se wi th . increasingMeridiancommercialhubs,the and
housing costs in Ada County and,specifically,in the Eagle
and Meridian accelera ting developmen t Starareas,
electric growth in the ' entire Meridian-Eagle-Furthermore,
Star area has been substantial.
continued,distribution feedersgrowthhasthe
from the Lansing and Eagle substations have reached their
limi ts to serve the area.Numerous distribution projects on
feeders and Lansing have beensubs ta t ionsf rom the Eagle
completed in the past five years to support the growth but,
distances involved,cannottheyduetheandloads
continue to be reasonably modified.the CompanyIn 1999,
decided to construct the Star Substation by the summer of
2004 in order to maintain adequate service in the area.
to delays in si ting and permitting 138-theDue
line the Star Substation,the Starto provide servlce
Substation was recently completed with a temporary supply of
SIKES, DI
Idaho Power Company
69-kV from the Caldwell-Lansing line.Thi s was achi eved to
provide adequate service through the summer of 2004.This
configuration is expected to only provide adequate service
until 69-kV line from Caldwellearly 2005,the cannot
support voltage to the Star Substation beyond' that expected
load level.
This required addi tionalsolutionalso
reconstruction of some existing lines to re-extend the 69-
service operatingtemporarilythathadbeen
distribution area.Thesecircui t the Starsupport
temporary mitigation measures would have been unnecessary
had the proposed 138-kV line from Eagle been timely approved
and constructed in accordance with e:L ther CUP application
filed with the City of Eagle.
Please summarize history eventsandthe
surrounding ef fortsIdahoCompany I constructPower
138-kV sub-transmission line from the vicinity of the City
Substation westlocated theEagletheStar
intersection of Highway 44 and Highway 16.
Idaho Power began meetingAs early as 1999,
wi th the City of Eagle to discuss the need to upgrade the
existing through the City to a69-kV structures that run
138-kV configuration to provide a source for the proposed
Substation continued andgrowthandaccommoda teStar
development areas.Thethe Meridian,andEagle Star
specific facility at issue in this proceeding is a single
single circui t sub-transmission linepole138-
originating from the Eagle Substation and extending to the
SIKES, DI
Idaho Power Company
Star Substation.
with the Nationalrequirementscomplythe
Electric Safety Code,a 138-kV line with distribution line
under-build requires structures that will exceed the Ci ty ' s
35-foot ' Decemberbuilding height zonlng restriction.
2000,after di scussions with Citythe Eaglenumerous
planning staff,Idaho applied Citythe forPower
condi tional use permit (CUP)for an exception to the Ci ty ' s
35-foot height restriction for the reconstructionand
upgrade and re-routing of an existing 69-kV power line
accommodate a from the Eagle138-kV sub-transmission liI1,
Substation on State Street west to Ballantyne Road.See the
Ci ty of Eagle Application No.CU-23-00 attached hereto
Exhibi t 1.
Representati ves expressedCitytheEagle
dissatisfaction 138-with visual impactthe the
structures in the downtown business district.In an attempt
reduce heighttheoverall the andstructures
eliminate the number of visible conductors in the downtown
business CUP application,district,the itsCompany,
proposed to replace the existing 69-kV structures with the
138-kV line wi thin the existing corridor containing the 69-
kV structures.The Company also offered to reconstruct a
number of to andistributionlinesalong the 69-kV route
underground configuration from the Eagle Substation to the
present location of Jackson Square at no additional cost to
the City.
Addi tionally,the proposed bury theCompany
SIKES, DI
Idaho Power Company
overhead distribution lines along the alley located south
State Street between the Eagle Substation and Eagle Road and
to eliminate the overhead distribution lines crossing State
Street at Second Street and at Eagle Road.By burying the
distribution height the 138-lines,totalthe
structures could be reduced by several The Companyfeet.
met with City planning occasions in thestaf f on several
year 2000 to explain and discuss its proposal.
On February 20,the Eagle Planning an? Zoning2001,
Commission conducted a public hearing ?n the Company s CUP
application.A number of residents testi fJed in opposi tion
the 138-routing exi st ing 69 -proposed along the
Their opposi tion primari ly thebasedroute.was
percei ved adverse aestheti,cs the ine : wi thin the City
downtown business district.the February 20,2001,
meeting,the Eagle Planning and Zoning Commisslon formally
recommended that the City Council deny the Company
application.
Was Idaho Power CUP application forwarded
to the Eagle City Council for the Council's consideration?
In March 2001,the Company withdrew itsNo.
CUP application from further consideration by the City of
Eagle.
Why did wi thdraw its CUPIdahoPower
application from City Council consideration?
The City of Eagle suggested that the Company
wi thdraw pending application instead,its CUP and,
recommended that the Company obtain additional public input
SIKES, DI
Idaho Power Company
from Eagle residents regarding residents preferred route
for the 138-kV line through the City.
Did Idaho Power follow this recommendation?
In April Idaho formed a2002,PowerYes.
Communi ty Advi sory Commi t tee to assist the Company in(CAC)
evaluating potential identifying importantroutesand
cri teria for selecting the eventual preferred route.The
Company held a series of meetings on April 3, April 24, May
22 and June 12, 2002 wi th the CAC to discuss and explain the
proj ect scope and need for the 138-kV line.
the meetings with thetheCAC,course the
recei ved inpu t the communi tyCompanyvaluablefrom
representati ves regarding cri teria they believedthethat
were important for rating various line route alternatives.
conjunction the conductedwithCAC,Companythe
quantitative subj ecti ve evaluations approxima telyand
sixteen different route configurations.
Did the CAC make any recommendations?
abou t 12,2002,the CACYes.June
first advised the Company that it preferred that the 138-
line be constructed underground through the City of Eagle.
when Idaho advised the that theHowever,Power CAC
addi t i ona for underground construction wouldcost
extremely high,in the range of $5-6 million,and that,
necessity,the addi tional cost would have to be borne by the
residents City,agreed that the undergroundthethey
SIKES, DI
Idaho Power Company
al terna ti ve viable option.ronglyTheCACnotwas
advised the Company to avoid locating the line adjacent to
residential properties.
When the CAC considered the potential routes using
overhead construction through commercial. areas,the CAC'
pref erred route was tap the existing 138-line
Edgewood,extend the line State Highway (the Eagle
Bypass)and proceed west wi thin the Highway 44 right-of-way
through the commercial areas along High~ay 44 to Ballantyne
The line would then follow th e ex~sting power lineLane.
corridor from Ballantyne Lane to the Star Substation.This
line route is identified as Alternative #1 on Exhibit 2 that
is attached hereto.
the identified this preferredOnceCAC
rou te,did Idaho Power solici t any additional input from
Eagle residents?
Yes.Based the guidance received.from
the CAC,the Company sent a newsletter to all of the owners
of property along the alternate routes that were considered
by the CAC.
Did submi t CUPanotherIdahoPowerever
application the Ci following the CompanyEagle
meetings wi th the CAC?
September 2002 CompanytheYes.
submi tted application City requestinganothertheCUP
SIKES, DI
Idaho Power Company
permission site 138-line the CAC-preferredthe
Eagle Bypass route.See the City of Eagle Application No.
CU-02 that is attached hereto as Exhibit The Planning
and Zoning Commission held a public meeting on the proposal
October 28,The hearing continued until2002.was
November 2002 a 11 ow the Commission ga ther13,
addi tional information.
The Planning and Zoning Commission requested that
the City Counci 1 authorize funding for study
independent englneerlng consulting firm evaluate the
costs and feasibili ty constructing the 138-line
underground.The City hired Black and Veatch to conduct the
study.Black and Veatch is a well-respected engineering and
construction firm conducts significantmanagement.that
business in the electric utility industry.
Black and Veatch's study was presented to the Eagle
Ci ty Council In its Black andon July 15,2003.study,
Veatch advised the ci ty that 1.6 miles of 138-kV underground
construction approxima tely $9.millionwouldcost
approximately $9 million more than the overhead alternative.
Following receipt the Black and Veatch
study, did the Eagle Planning and Zoning Commission continue
its consideration of Idaho Power s latest CUP application?
On July 15,2003,the City s PlanningYes.
and zoning Commission held a public hearing in which the
resul ts the Black and Veatch study were considered in
conjunction with application.the Company CUP
September 8, 2003, the City s Planning and Zoning Commission
SIKES, DI
Idaho Power Company
issued its recommendation Ci ty Council deI?-Y . thethatthe
Company s application generally on the grounds that the line
would be unsightly and would have an adverse affect on the
commercial taking the junctionplacedevelopment
Highway 44 and Eagle Road.
Did City Council consider thetheEagle
application following consideration thatCompanyCUP
application by the Planning and Zoning Commission?
On Oc tober 2003,the Eagle Ci Yes.14,
Council applic~tion including thethetook up Company
Planning and Zoning Commission s recommenqed denial of the
application.A public hearing was held and testimony was
received.number of ci tizens and commercial developers
testified the aestheticallythatrouteBy;pass was
unfavorable and in thei:r opinion,could adversely affect
commercial property values in the area.
The public hearing was continued until October 28,
2003.At the October 28 meeting,the Ci ty Council remanded
the application back to the City Planning Staff for further
evaluation of alternatives and information gathering.
that time,represen ta ti ves advised CitytheIdahoPower
Counci 1 construction times would not allow forthatlead
extensive evaluations.Because four years had elapsed since
Idaho Power s initial contacts with the City on this matter,
the situation had become critical.
Did with EagletheCompanymeet
representatives as suggested by the Eagle City Council?
SIKES, DI
Idaho Power Company
12,2004,representati vesYes.On January
Idaho Power and the City of Eagle met informally with
representati ves the Publ i c Utili tiesIdaho Commission
Staff to discuss the si tua tion.At the conclusion of the
meeting,meet withIdahoimmediatelyagreedPower
representatives from the Ci ty to address alternative routes
time costandupdated estimates forto presentone more
these alternative routes.
On January 21 2004 representatives of Idaho Power
again met with the Mayor and members of the City s land use
planning discussstaff routing alternativesthe and
their copyassociated the informationcosts.
presented to the City at that time is attached hereto as
Exhibi ts 2 and 4.
What alternatives were presented to the City
at the January 21, 2004 meeting?
As shown on Exhibi t Idaho Power presented
six alternative proposals to the City.In developing its
proposals,Idaho Power maintained that,if the City desired
to have the line located on a route that increased the cost
Idaho above the pruden t investmentlevelPower
then the City and its ci tizens should bear the incremental
difference in cost between routing the line in an overhead
configuration one the current transmissiontwo
corridors and the constructionundergroundcost
SIKES, DI
Idaho Power Company
CU-02, attached hereto as Exhibit 5, page 12 (empha sis in
original)
Are all six of the options presented to the
Ci ty Counci 1 on January 21, 2004 viable today?
No.Options and longerare
considered viable because of the amount of time required to
obtain rights-of -way for Considering thethoserou tes .
continuing permi t ting delays,total distance of thosethe
options and the number of indi vidual property owners with
whom the would requir~d negotiate theCompany
purchase of rights-of-way,these two routes are not prudent
alternatives.
The line is required to be' in service in May 2005.
The uncertainty surrounding agreement and approval any
option prior fall would require pursuing and2004
purchasing rights-of-way on all possible routes in order to
possibly required In- serVlce date.themeet
untenable and unreasonable to expend scarce financial and
technical pursue multiple options,whichresources
only one would be utilized.
addition,this unnecessarily require thewould
residents City and surrounding areasEaglethe
consider offers which likely pursued.would not
Furthermore,Options impact significantly moreand
residential than other options which directareas
SIKES, DI
Idaho Power Company
contradiction recommendations theguidancetheand
Company received from the Community Advisory Committee and
feedback Idaho Power has received in similar experiences.
Can Options 2 3 and 4 be constructed wi thin
the time remaining?
The indicatecurren t analysesCompany
that,the 138-kV line is constructed and availableunless
for service in May 2005,the risk of service degradation in
2005 material.the Star-Eagle the summerarea
Final design materials procurement and construction of
138-kV line,can require a year ordepending on the route,
more from start to finish.
Options deemedOptionaridonly
viable requiretimeremaining.Options andthe
addition under-grounding of distribution circuits that must
be sequentially completed prior to any construction of the
138-facili ties.requires addi tionalsignificantThis
construction 1 imi tedthatcompletedmustvery
period of time.
Option 2 is also hampered by required reconstruction
of existing facilities already in place while,at the same
time,maintaining servlce existing customers.This
requires more expensive and time-consuming work processes
than construction Rou tetheunencumberedalongBypass
(Option 1).
SIKES, DI
Idaho Power Company
Did the Company consider other al ternati ves
such converting line Caldwell throughthe69-from
Lansing Substation to 138-kV operation?
As part of the long-range plan for theYes.
the portion the loca ted between the69-linearea,
Caldwell Lansing,substations will alsoandStar
converted 138-kV.and addi tionaltheareamatures
electrical load materializes,the capability of this 69-
sub-transmission line will be exceeded.
A 69-kV sub-transmission line s ability to service a
substation is limited by load or ampaci ty", and is distance-
constrained by voltage This ,line lS limited bysupport.
both condi tions and will require a capacity upgrade in the
fu ture .This will be deferred by serving part of the load
currently sourced Lansin~ Substation thefromfrom 'the
distribution system out of the Star Substation.
In addi tion,illustrated on Exhibit another
substation is proposed at Beaconsoutheastthecorner
Light and Linder.To provide reliable and adequate service,
addi tional sub- tr ansmi s s i on lines required138are
connect and supply these load centers.
Why does Idaho Power prefer to construct a
line through several other might workEaglewhenroutes
equally well?
An obj ecti ve the planning process
produce low-cost and reliable electrical service in a timely
To accomplish these goals, the Company monitors andmanner.
forecasts growth and impact existing andhasthe
SIKES, DI
Idaho Power Company
fu ture While areinfrastructurerequirements.there
generally multiple alternatives that will satisfy a defined
set period of the Company s planningproblem for a time,
engineers must look beyond the immediate concern to provide
an overall future configuration.
overall infrastructureThecoststhe' required
needed the affected the sequenceareacan
construction selected for these proj ects.The shortest and
least expensive options are typically constructed first to
minimize the costs to ratepayers of serving new load growth.
area. 'develops,electrical loadthelncrease
requires more, faci li ties,' which,constructionthe
turn, are supported across a larger re~enue base.
this optionsspecific suchthethercase,
building from the Locust SubstatiQn along Chinden and then
north on Linder or converting the 69-kV line to 138-kV from
the Caldwell substation through Lansing to Star would not
eliminate line Eagle andtheneedforbetween
Linder /Highway 44,only delay or change the order ofbut
construction of that segment of line.
Why doesn t Idaho Power change the sequence
when public opposi tion to a proposed facili ty is so great,
again remainingtheonlyandthenla ter whentry
option?
Idaho Power recognizes that the majority of
complaints fromopposi tion infrastructureand
residents who have either recently located in an area or
have lived in an area for an extended period.Residents who
SIKES, DI
Idaho Power Company
locate near these types of facilities after those facilities
are in place have the knowledge of their existence before
making their locational decisions.For these reasons, Idaho
Power attempts to communicate its future plans to both the
local jurisdictions public meetings.Thisandthrough
message 'of "get there first" is also managed with building
facilities that are used and useful.
other words,Idaho plan andPowerattempts
construct facili ties only when there is substantiated need,
and early reasonable minimize numberthe
existing populace who experience the "afte~, the fact" impact
of new facili ties being constructed after they are already
there. We also find that even though the plans and timelines
have been communi ca ted,reality, of:proj ect andthethe
opposi tion only materiali'zes when implementation begins.
Delays the process with Ci ty Eagle hasthe
again demonstrated that the process does not get easier the
longer the Company waits.for these reasons Idaho
Power began pursuing the construction of this line first.
What buildingexpectedthecost
portion of 138-kV line underground as desired by thethe
Ci ty of Eagle?
While precise determinedcostscannot
until after construction or at the time an engineered design
completed,the the Citycompletedstudy
Eagle Black Veatch determined 1. 6thatandrequest,
mile,138 kV underground sub-transmission line constructed
the Substation theandalongStreetStatefromEagle
SIKES, DI
Idaho Power Company
vicini ty of the State Street's intersection wi th Ball~ntyne
Road would cost approximately $9.5 million.
In discussions with Idaho Power and the IPUC Staff
represen ta ti ves from the City of Eagleon March 31,2004
indicated that the City might also consider the alternative
of undergrounding the 138-kV line from the Eagle Substation
to a location just west of Eagle Road and the Highway
then proceeding theoverhead along Highway Bypass,
Star Substation.
This al terna ti ve approximatelyrequirewould
mi les mi les theundergroundtheversus
aforementioned termina tion costsstudy.dueHowever,
rela ted to the transition points between the overhead and
underground portions of the line, design costs, construction
mobilization costs, and potential costs to bore under maj
roadways di fferent requirements,coststhedueroute
considered ratio the totalinearcannot
distance.
Wi thou t firm producehiringeng ineer ing
another study,a reasonable estimate for the reduced length
from 1.6 miles to 0.75 of a mile can be produced by assuming
approximately fixed thefor25%thethat costs are
termina tions with otherthetransi tions,and along
considerations just mentioned.The rest of the costs may be
assumed as a linear ratio to the distance.
The fixed costs in this case,irrespective of length
of the line, would then be approximately 25% of $9.5 million
or $2.375 million.
SIKES, DI
Idaho Power Company
The remainder linearassumedthecosts
related to distance can be approximated by a ratio of 0.
mile miles $9.times thedi vided 75%1. 6
million $3.thisapproxima temillion.cost
alternative would be fixed costs theandthesum of the
distance related costs or $2.375 mi'llion plus $3.34 million
for a total estimate of $5.715 million.
While construction could easilytheactualcosts
vary by 20% from this estimate depending upon condi tions and
time constraints during construction,experienced
reasonable range for expected construction costs is between
$4.5 million and $7 million.
A simple ratio of the entire $9.5 million costs by
'Of miles estima te $4.would yieldthe1. 6
million, which would,be a minimum estimate givenat best,
the total costs are not all directly related to the distance
involved.This a minimum thatsupportbookend seems
matches closely to the low end of the range estimated above
and expected $5.million theforsupportsthecost
underground portion of the al terna ti ve.
This is not the total cost of the al ternati ve.
only represents the underground portion desired by the Ci
Approxima tely addi tionalmillionEagle.
construction incurred remainingforthewouldcosts
overhead portion of the line to Star Substation.
The this option wouldtotalcosts
approximately $7.75 million,or $5.25 million more than the
proposed al ternati ve andIdahoofferedPowerCompany
SIKES, DI
Idaho Power Company
supported by the Ci tizens Advisory Committee.
What expected 138-the cost the
overhead Bypass Route recommended by the Ci tizen ' s Advisory
Commi t tee and Idaho Power's preferred route?
The estimate which was provided to ' the Ci
of Eagle for this option was $2.5 million,or about $5.
million less than any route which includes an underground
portion and deemed acceptable by the City of Eagle.
there disagreement the Citybetween
Eagle and Idaho Power on the need of the proj ect?
No one disputes the amount "'of growth in the
the demands being the , Companyplaceduponarea
electrical there will always beinfrastructure.However,
the perception that different alternatives could solve the
problem and not impact a specific area or group of people.
Idaho Power is acutely aware that the solutions it
prescribes will not that theend,always be welcomed.
seeks public inpu t andinvolvement,Company
recommendations.provides educationTheCompanyalso
the route selection process.Prior to making application
for condi tional make itsuse permi t,Idaho Power must
best decision based upon the facts and information at hand.
Does this conclude your testimony?
Yes, it does.
SIKES, DI
Idaho Power Company
.. .",--"---- ~
CITY OF EAGLE
CONDITIONAL USE STAFF REPORT
DESCRIPTION: PUBLIC SERVICE FACILITY/ HEIGHT EXCEPTION REQUEST-
138KV SUB-TRANSMISSION LINE RECONSTRUCTION
FILE NUMBER: CU-23-
APPLICANT:InAHO POWER COMPANY
1221 W.InAHO STREET
BOISE, In 83702
REPRESENTED BY:LAYNE DODSON
O. Box 70
BOISE,ID 83702
PHONE~ 208-388-6477
F AX- 208-388-6902
PLAl\TNING AND ZONING COMMISSION HEARING DATE:,Febroary 5, 2001
PROJECT SU~Y:
Idaho Power, represented by Layne Dodson, is requesting conditional use approval for a
height exception request and for the reconstruction, upgrade, and y;e-routing of an existing
69kV power line to accommodate a 138kV sub-transmission line and placement of existing
distribution lines underground. The new line wi1l replace a portion of the existing facility
which general1y extends from the Eagle Substation (located on the south side of State Street
approximately 350-feet east of 2nd Street) west to Bal1antyne Road.
The specific routing of the 138kV line is as follows: starting at the Eagle sub station the line
wi1l extend north to the al1eyway north of State Street and then extend west to a point
approximately 300-feet west of Park Road, then extending south connecting back to State
Street and continuing west along State Street to Bal1antyne Road. The distribution lines are
proposed to be buried underground in the area within the sub-transmission corridor including
the burial of the distribution lines within the alleyway south of State Street between the
Eagle substation and Park Road.
STAFF RECOMMENDATION:
If the City Council approves the transmission line facility as proposed by Idaho Power, then
based upon the infonnation provided to staff to date, staff recommends the site specific
conditions of approval and the standard conditions of approval provided within this report
(go to page 8).
, '-
NOTE: The site specific conditions of approval herein are solely a recommendation of
City staff. The final decision on this application, and any conditions to be placed on this
Page 1 of 12
K:\Planning DeptlEagle ApplicationsICU\2000ICU-23-OO SIn "doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 1 of 26
. '
application, is totally subject to the City Council's determination,
STAFF FINDINGS OF FACT:
PROJECT SUMMARY:
Idaho Power, represented by Layne Dodson, is requesting conditional use approval
for a height exception request and for the reconstruction, upgrade, and re-routing of
an existing 69kV power line to accommodate a 138.kV sub-transmission line and
placement of existing distribution lines underground. The new line will replace a
portion of the existing facility which generally extends from the Eagle Substation
(located on the south side of State Street approximately 350-feet east of 2nd Street)
west to Ballantyne Road.
The specific routing of the 138kV line is as follows: starting at the Eagle Substation
the line will extend north to the alleyway north of State Street and then extend west
to a point approximately 300-feet west of Park Road, then extending south
connecting back to State Street and continuing west along State Street to Ballantyne
Road. The pistribution lines are proposed to be b~ried underground in the area
within the sub-transmission comdor including the burial of the distribution lines
within the alleyway south of State Street between the Eagle Substation and Park
Road.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 6 2000.
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 January 20, 2001. Notice ofthis 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 January 18 , 2001. Requests for agencies' reviews
were transmitted on December 6, 2000 in accordance with the requirements of the
Eagle City Code.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 23 , 1996, the Eagle City Council approved a conditional use pennit for
capacity upgrades to the Eagle Substation located at 315 E. State Street.
COMPANION APPLICATIONS: None
Page 2 of 12
K:\Planning DcpllEagle ApplicaJ.ions\CU\2000\CU.23-OO SIn "doc
Exhibit No.
Case No. IPC-O4-
Sikes , IPca
Page 2 of 26
-COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business CBD (Central Busmess Businesses /
District / Residential District)/R -4 (Residential)Residencesrr ransmi ssion
Four (4-units per acre 2 (Residential) / A Power Line
max.) / Residential Two (Agriculture)
(2-units per acre max.
) /
Mixed Use
Proposed No Change No Change Businesses /
R~si d encesrr ransmi s si on
Power Line
North of site Central Business CBD (Central Business Businesses /
District / Residential District)/R-4 (Residential)Resi dencesrr ransmi ssi on
Four (4-units per acre 2 (Residential) / A Power Line
max.) / Residential Two (Agriculture)
(2-units per acre max.
) /
Mixed Use
South of site Central Business CBD (Central Business Businesses /
District / Residential'District)/R-4 (Residential)Residencesrr ransmi ssi
Four (4-units per acre 2 (Residential) / A Power Line
max.) / Residential Two (Agriculture)
(2-units per acre max.
) /
Mixed Use
East of site Central Business CBD (Central Business Businesses /
District / Residential District)/R-4 (Residential)Residencesrr ransmissi on
Four (4-units per acre 2 (Residential) /'Power Line
max.) / Residential Two (Agriculture)
(2-units per acre max.
) /
Mixed Use
West of site Central Business CBD (Central Business Businesses /
District / Residential District)/R -4 (Residential)Resi dencesrrransmissi on
Four (4-units per acre 2 (Residential) / A Power Line
max.) / Residential Two (Agriculture)
(2-units per acre max.
) /
Mixed Use
DESIGN REVIEW OVERLA Y DISTRICT:
Located within the DDA (Downtown Development Area), TDA (Transitional
Development Area) and the CEDA (Community Entry Development Area).
EXISTING SITE CHARACTERISTICS:
Page 3 of 12
K:\Planning DeptlEagle Applicalions\CU\2000\CU.23-OO rtfl"doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPca
Page 3 of 26
The existing power line is within an easement which extends through both residential
and commercial areas of the City.
SITE DESIGN INFORMATION: N/a
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 56-feet through the downtown area and 75-feet (maximum) through
the remainder of the corridor.
Gross Floor Area of Proposed Buildings: N/a
On and Off-Site Circulation:
Other than the existing Eagle Substation, which has a maintenance access, the power
line easement abuts public rights-of-way and no other public access is proposed.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters, have been provided by Central District Health
Department and Eagle Fire Dep~rtment. Letters from 'Vater and sewer entities, as
well as other affected utilities, are required prio~ to the issuance of any pennits.
PUBLIC USES PROPOSED: None
PUBLIC USES SHOWN ON FUTURE ACQillSITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
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
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IFREQillRED):
Provided that no new structures (poles) will be constructed within the floodway, an
EAP is not required. However, depending on the degree of ground disturbance due
Page 4 of 12
K:\Planning DeptlEaglc ApplicalionslCUl2000ICU-23-OO stfJ"doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 4 of 26
to the placement of the new line, a Floodplain Development Pennit may be required,
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
Eagle Fire Department
LETTERS FROM THE PUBLIC:
Letter from LJ. Fuller, dated January 23 , 2001
EAGLE CITY CODE 8-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each
proposed Conditional Use in tenns of the following standards and shall find adequate
evidence showing that such use at the proposed location:
Will, in fact, constitute a conditional use as established in Section 8-3 of this title
(Eagle City Code Title 8) for the zoning district involved;
Will be hannonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title
8);
Will be designed, constructed, operated and maintained to be hannonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use win not change the essential character of the same area;
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.
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;
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;
Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
Page 5 of 12
K:\Planning DcpIlEagle ApplicarionsICU\2000ICU-23..oo stfl,doc:
Exhibit No.
Case No. IPC-O4-
Sikes , IPCO
Page 5 of 26
I ' ~
ST AFIf ANALYSIS:
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 4 - Schools, Public Services and Utilities
Other Services and Utilities
Electricity
Appropriate placement of electric utility facilities on public rights-of-way is
encouraged. Public streets and road rights-of-way typically serve as
conidors for electric facilities. Transmission lines are usually loc~ted on
easements that IPC (Idaho Power Company) acquires from private property
owners. The joint use of utility conidors is also encouraged, provided that
such joint use is consistent with limitations as may be prescribed by
applicable law and prudent utility practice fpr existing and proposed utility
facilities.
Additions and improvements to electric utility facilities that enhance the
capacity and reliability'ofregional resources, particularly when multi-
jurisdictional benefits within the region can be achieved, should be
accommodated.
Implementation Strategies
Recognize the need for electric utility facilities that are sufficient to
support economic development.
Encourage Idaho Power to make additions to and improvements of
electric utility facilities that provide adequate capacity for projectedgrowth.
Chapter 7 - Natural Resources and Hazard Areas
Hazard Areas
The Dry Creek floodplain has a potential for flash flooding...
Chapter 11 - Special Areas and Sites
11.2 Recognized Special Areas and Sites
The Dry Creek Floodplain is designated as a special area due to its ecological
and scenic significance. This area comprises the length of the Dry Creek
Floodplain through the Impact Area.
The State StreetlEagle Road Conidor is designated as a Special area due to
Page 6 of 12
K:\Planning DcptlEaglc ApplicotionslCU\2000ICU-23..oo SlfI"doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPca
Page 6 of 26
,,:,
its historical, architectural and scenic significance.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Section 8-2A-7 (J)(2)(c) & (3)
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated
with any commercial or industrial activity, and 'off-street loading when adjacent to or
in view from a residential activity or public street right of way, a five foot (5') wide
by six foot (6') high landscaped buffer is required.
3. Materials:
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and
deciduous trees, shrubs, and groundcover in which evergreen plant materials
comprise a minimum of sixty percent (60%) of the total plant material used,
b. Height requirements shall be accomplished with plant material with a fence ordecorative wall.
c, The required buffer area shall result in an effective barrier within three (3) years
and be maintained, such that sixty percent (60%) or more of the vertical surface is
closed and prevents the passage of vision through it.
d. Chainlink fencing, with slats or otherwise, is proh~bited for screening.
Section 8-5 (D): Conditions Of Penn it
Upon the granting of a conditional use pennit, conditions may be attached to said
pennit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services;
and
7. Requiring more restrictive standards than those generally required in this
Title.
Section 8-2A-6 (A)(7)(a)
Additional Height Restrictions: All spires, poles, antennas, steeples, towers, and any
other such structures shall be limited to a maximum of thirty five feet (35'
Additional height may be pennitted if a conditional use pennit is approved by the
City Counci1.
DISCUSSION:
To accommodate the 138kV sub-transmission line upgrade, it is staffs understanding
that the existing Eagle Substation (located on the south side of State Street approximately
350-feet east of 2nd Street) will need to modified and/or upgraded. The justification letter
submitted with this application states in part "This upgrade project provides most of the
electrical infrastructure for the ultimate build-out of Eagle Substation The Eagle
Substation (located within the downtown Central Business District) was previously
Page 7 of 12
K:\Planning DeptlEaglt Applications\CU\2000\CU.23-OO rtfl"doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 7 of 26
detennined by the City Council as being located in an area that is not suitable as a long
tenn site (as noted within the meeting minutes for the original conditional use pennit)
and that future changes/upgrades, may require moving the substation out of the
downtown. It appears from the above underlined language (noted within the justification
letter) that Idaho Power s long tenn facility planning efforts include keeping the
substation in its CUITent location.
If the City Council detennines that the substation can remain in its cuITent'location , then
staff recommends the existing chain link fence with slats' suITounding the facility
removed since it does not comply with ECC minimum screening requirements. A new
screening method such as an 8-foot high decorative block (split face CMU) wall should
be installed around the perimeter of the substation. Design Review Board review and
approval of the screen wall should be required prior to the issuance o~ any zoning
pennits.
The existing power line (and new line) travels t:lITough an area designated as a "Hazard
Area , specifically the Dry Creek floodplain/flood way. 'This portion of the floodway is
located on State Street approximately 200-feet east of Riv~rview Street. The poles
cuITently supporting the line do not appear to interfere with the floodway and if these
poles are to be utilized for the new line, no disturbances should occur to the existing
conditions. However, if new poles are to be placed in this area, the applicant should be
required to obtain a floodplain development pennit prior to any construction.
Because the applicant is proposing to reconstruct distribution services to individual
parcels (both commercial and residential), details should be discussed in order to provide
a clear understanding of the effects the construction will have on the parcel owners,
Staff recommends that the applicant present a briefnaITative at the hearing on how the"
distribution services will be reconfigured.
STAFF RECOMMENDATION:
If the City Council approves the transmission line facility as proposed by Idaho Power, then
based upon the infonnation provided to staff to date, staff recommends the site specific
conditions of approval and the standard conditions of approval provided below.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use is approved (with the following conditions). The application is subject to the
conditions of design review.
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landscaping shall be reviewed and approved by the Design Review Board prior to the issuance of
any zoning pennits.
3. Design Review approval is required prior to the removal or pruning of any existing trees within
the power line construction zone.
4. If new power poles are to be constructed within the floodplain/floodway, then City Engineer
approval of a floodplain development pennit will be required prior to construction. Provide
construction drawings for review and approval prior to the issuance of any pennits.
5. The applicant shall submit payment to the City for all Engineering fees incuITed for reviewing
~ r1' f!-)~ 01: rcJI.'/(nv S"1I~i fc)l-'
'" :
Page 8 of 12t.. ,/ I,
(; ~1~ingDcpl~Ie
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oooICUf3-OO1tf
l.doc
f'":."~
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)l..f;./:' Ju
~!
4. V'!~
i:. c.. I L)~t.- Exhibit No.
Case No. IPC-O4-
Sikes , IPca
Page 8 of 26
this project, prior to issuance of a floodplain development pennit (if needed) or any otherpennits.
STANDARD CONDITIONS OF APPROVAL:
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 pennits or
Certificate of Occupancy, whichever occurs first.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required
prior issuance of any building pennits or Certificate of Occupancy, whichever occurs first.
All pennits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be
secured prior to issuance of building pennit or Certificate of Occupancy, whichever occursfi~
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 pennits or Certificate of Occupancy, whichever' occurs first.
Unless septic tanks are pennitted, 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 pennits or Certificate of
Occupancy, whichever occurs first.
The applicant shall submit a letter from the appropriate drainage entity approving the
drainage system and/or accepting said drainage; or submit a letter from a registered
professional engineer certifying that all drainage shall be retained on-site prior to issuance of
any building pennits or Certificate of Occupancy, whichever occurs first. A copy of the
construction drawing(s) shall be submitted with the letter.
The applicant shall submit plans and calculations prepared by a registered professional
engineer to handle the satisfactory disposal of all stonn 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 pennits 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 perfonnance bond shall
be submitted to the City Clerk, prior to issuance of any building pennits or Certificate of
Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either
over the curb, or to the drainage easement, and no runoff shall cross any lot line onto another
lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the stonn drain disposal system shall be complete before an occupancy
pennit is issued.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned
Page 9 of 12
K:\Planning DcptlEaglc Applicanons\CUI2000\CU-23-OO SlfI"doc
Exhibit No.
Case No. IPC-O4-
Sikes , IPCO
Page 9 of 26
" '
. 0
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 pennits 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 pennits or Certificate of
, Occupancy, whichever occurs first. All construction shall comply with the City'
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 pennits 'or Certificate of
Occupancy, whichever occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of
Occupancy.
10.Parking lot light plan shall be submitted and approved 'as to the location, height and wattage
by the City Engineer. All construction shall comply with the City's specifications and
standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents.
Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away
from the adjoining property.
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,
12.One set of building plans, for any non single-family residential use, shall be submitted to the
Eagle Fire Department for approval. An approval letter from the Eagle Fire Department
shall be submitted to the City prior to issuance of any building pennits 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 detennined by the Eagle
Fire Department officials:a. "The applicant has made ammgements 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
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
Page 10 of 12
K:\Planning DeptlEaglc Applicalions\CUI2000ICU-23-OO stn"doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 10 of 26
20.
all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire
Department prior to issuance of any building pennits or certificate of Occupancy,
whichever occurs first.
The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building pennit or Certificate of Occupancy,whichever occurs first.
13.Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a
path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt
Committee prior to issuance of a building pennit or Certificate of Occupancy, whichever
occurs first.
14,Conservation, recreation and river access easements (if applicable) shall be approved by the
Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
issuance of a building pennit or Certificate of Occupancy, whichever occurs first.
15.The applicant shall comply with the provisions of the Eagle ,City Code, pertaining to
floodplain and river protection regulations (if applicable j prior to issuance of a building
pennit or Certificate of Occupancy, whichever occurs first.
16,The applicant shall obtain written approval of the development relative to the effects of the
Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a
building pennit 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 pennit or Certificate of Occupancy, whichever occurs first.
18.Basements in the flood plain are prohibited.
19.The Americans with Disabilities Act, Unifonn 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.
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 lej!;al relief is j!;ranted
Page 11 of 12
K:lPlanning DeptlEaglc Applications\CU\2000\CU-23-OO stfI.doc
Exhibit No, 1
Case No. IPC-O4-
Sikes, IPCO
Page 11 of 26
;. , "
pursuant to the law iri effect at the time the change in use is sought.
23.No change in the tenns and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the City of Eagle. The burden shall be upon the applicant to
obtain written confinnation of any change from the City of Eagle.
24,Approval of any Design Review shall expire without notice to the applicant on the date of
expiration ,of the Design Review, as stipulated in Eagle City Code (one year from the
Planning and Zoning Commission approval date).
SUb
WJ:. L
Planner II
February 1. 2001
Date
Reviewed by:
\rJ~
William E. Vaughan
Zoning Administrator
February 1. 2001
Date
Page 12 of 12
K:\Planning DcptlEaglc AppliC8lioasICU\2000ICU.23-OO rtfI.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 12 of 26
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RECEIVED & FILED
CITY OF EAGLE
CITY OF EAGLE DEC 0 6 2000
310 E. State Street, Eagle, ID 83616
Phone #: (208) 939-6813 Fax #: (208) 939-6827
File:
Route to:
CONDITIONAL USE PERMIT APPLICATION
FILE NO.
CROSS REF. FILES:
-2. =s - 0 0 FEE:4.&)()~
PLICANT: Idaho Power
Owner: Purchaser:. Lessee:
PHONE: 3yr,- (P 1./77
FAX: 1J2-
APPLICANT'S ADDRESS:
ZIP:
OWNER:Idaho Power PHONE:
FAX:
OWNER'S ADDRESS:
ZIP:
REPRESENTED BY
(IF DIFFERENT FROM ABOVE):L. Dodson PHONE: 3!!""t'l77
FAX: 3o~ ,-Ci()2-
ADDRESS OF PROPERTY:As shown on site plan.
DISTANCE FROM
MAJOR CROSS STREET:General downtown
STREET
NAME:
PARCEL NO.
(APPLICANT TO V ARIFY WITH ADA COUNTY ASSESSOR'S OFFICE)
Page 1 of 6 Exhibit No.
Case No, IPC-O4-
Sikes , IPCO
Page 14 of 26
llEAGLENTI\COMMONIPlannins DeplIBasc DocumentslAP-CU 6-98.doc
Rev 316100
. - "
mp!ete arts:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing CBD,Rl,CBD,Rl,
Proposed ~-"Imp
,,--
North of site Same I:::."mp
South of site Same Same
East of site Same Same
West ofsite Same Same
SITE DATA PROPOSED REQUIRED
Total Acreage of Site N/A
Percentage of Site Devoted to Building Coverage N/A
Percentage of Site Devoted to Landscaping N/A
Number of Parking Spaces N/A
Front Setback N/A
Rear Setback N/A
Side Setback N/A
Side Setback N/A
IS THE PROPERTY WITHIN THE DDA, TDA OR CEDA DESIGN REVIEW OVERLA Y AREA:?Yes. DDA, TDA, &CEDA
EXISTING SITE CHARACTERISTICS:See Attached
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:N/A
Height and Number of Stories of Proposed Buildings: No building, Poles max ht 75 ave ht 56 through downtown
Gross Floor Area of Proposed Buildings:
Describe On and Off-Site Circulation: N / A
PUBLIC SERVICES (Provide a brief narrative stating what services are available and what agency is providing the service):
Potable Water:N/A
Page 2 of 6 Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 15 of 26
I\EAGLENTIICOMMONIPlanning DcpI\Basc DocumentsIAP-CU 6.98.doc
Rev 3/6100
Imgation Water:N/A
Sanitary Sewer.N/A
Fire Protection:N/A
Schools:N/A
Roads:Wp yi 11 rnn~nin~tp ~11 ~o~o uork ~itb Ada County Highway DiEtri~t.
SPECIAL ON-SITE FEATURES (Yes or No - If yes explain):
Areas of Critical Environmental Concern -
Evidence of Erosion -
Fish Habitat -
Floodplain -
Mature Trees-Yp~
Riparian Vegetation -
'Steep Slopes - N9
Stream/Creek -
, Unique Animal Life - No
Unique Plant Life -
Unstable Soils -
Wildlife Habitat -
Application Submittal Requirements
L.. It"
1. Legal description of property
2. N/ A Copy of Deed
3, If the signa tor on this application is not the owner of the subject property, then provide a notarized statement
(affidavit oflegal interest) from the owner stating the applicant is authorized to submit this application.
4. Names and addresses of all adjoining owners of property and residents within three hundred feet (300') of the
external boundaries of the land being considered as shown on record in the County Assessor s Office. The
addresses shall be submitted to the City on two sets of address labels.
5. Fourteen 24" x 36" bluelines (folded) and one 81f2" x 11" reduction of the proposed site for the conditional use
showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces
landscaping, trash enclosures and service areas, utilities, signs, yards, and such other infonnation deemed
necessary by the Zoning Administrator to detennine if the proposed conditional use meets the intent and
requirements of the Eagle City Code.
6. One 8 \12" x 11" vicinity map
7. A written narrative giving the description of the existing use and a detailed description of the proposed conditionaluse. (Attached)
Page 3 of 6 Exhibit No.
Case No. IPC-O4-
Sikes, IPca
Page 16 of 26
\\EAGLENT IICOMMONIPlanninl DeptIBasc Documa"s\AP-CU 6-98.doc
Rev 3/6100
, '. "
. 8
."
written statement addressing each issue below in the order outlined "A" through ". The applicant shall
address how the conditional use: (Attached)
A. Will, in fact, constitute a conditional use as established in Section 8-3 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 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 rue 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.
POSTING REQUIREMENTS OF THE CITY OF EAGLE
EAGLE CITY ORDINANCE #3122/10/98 (ECC 8-
Posted Notice: Except as noted within this paragraph, any time notice is required, the land being considered shall be posted
not less than ten (10) days prior to the Planning and Zoning Conunission hearing and again not less than ten (10) days prior
to the City Council hearing. Except as noted herein, posting of the property must be in substantial compliance with the
following requirements:
1. Signage Requirements:
a. The sign(s) shall consist of 4' x 4' plywood or other hard surface mounted on two (2) 4" x 4" posts in such a
manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at
least three-feet (3') above the ground.
b. Centered at the top of the 4' x 4' sign board(s) in six-inch letters shall be the words "Public Notice . In
addition, each sign will inform the public of the name of the applicant, and if applicable, the proposed
development, the date, time, place, and nature of the public hearing and a summary of the proposal to be
considered. Each sign shall be painted white and the letters shall be painted black and shall appear on both
sides. An example of this sign is set forth in the attached illustration.
Page 4 of 6 Exhibit No.
Case No. IPC-E..O4-
Sikes, IPca
Page 17 of 26
\\EAGLENTIlCOMMONIPlanning Dcpt\Basc DocumcnISIAP-CU 6-9&,doc
Rev 3/6100
. ,. "
Size = 6 inches----------------------------------PUBLIC HEARING NOTICE
Size = 2 inches----------------------------------Eagle Planning and Zoning Commission
Size = 1.5 inches-------------------------------TIffi CITY OF EAGLE will bold a public bearing on May 9,1999
at 7:00 P.M. at the Eagle City Hall.
Size = 1.5 inches------------------------------PURPOSE: Annexation and Zoning- You-Name-It Subdivision-
Zoning R-4, Subdivision Preliminary Plat, 7.66 acres, 29 lots, single
family dwelling, 1 lot open space/drainage w/landscaped ~ntryway.
Size = 1.5 inches-------------------------------LOCATION: SW comer of Second St. and State St.
Size = 1.5 inches--------------------------------APPLICATION BY: Average citizen, USA, Inc.
C. In lieu of the above conditions, for conditional use pennit applications made pursuant to Eagle. City Code
Section 8-2(E) (Mobile Home - temporary living quarters) ofthis Title only, the sign shall consist of one
(1) 11" x 17" sign on paper or other material and lettering sufficient to infonntbe public of ~e name of the
applicant, and, if applicable, the proposed development, the date, time, place, and nature of the public hearing
and a sununary of the proposal to be considered.
2. The sign(s) shall be posted on the land being considered along each roadway that is acljacent to it. The signs shall be
located on the property outside of the public right-of-way, if they can be so Idcated and remain clearly visible from the
roadway; otherwise, the consent of the owner of the right-of-way must be obtained and the sign(s).located therein.
Except as noted herein, if the land being considered consists of more than one parcel of record, a sign must be located
upon each parcel. The Zoning Administrator, upon rIDding that adequate notice will be provided, may not require all
signs to comply with the size requirements of Subsection 1 above. In the event that the land being considered includes
properties with 500-feet or more of road frontage, a sign ,shall be placed on eactJ end, of the property roadway frontage.
If this property includes a comer lot, three signs shaH be posted, one on the comer and one on each end of the propertyroadway frontages.
3. The applicant shaH submit a certification to the City Clerk no later than seven (7) days prior to the hearing as to what
where, and when sign(s) were posted. Unless the certification is received by such date, the hearing will be canceled.
4. No later than three (3) days after the noticed hearing and any continuation thereof, sign(s) must be removed. A penalty
of $25.00 per day shall be imposed against each applicant for late removal of the signs.
NOTE:
IF THE CITY COUNCIL OR THE ZONING ADMINISTRATOR DETERMINE THAT ADDITIONAL AND/OR
REVISED INFORMATION IS NEEDED, AND lOR IF OTHER UNFORSEEN CIRCUMSTANCES ARISE, ANY DATES
OUTLINED FOR PROCESSING MAYBE RESCHEDULED BY TIffi CITY.
APPLICANTIREPRESENTATIVE MUST AITEND THE CITY COUNCIL MEETING.
................................-.................................................................................................................................,....................................
Eagle City Code Section 1-7-4 (C) states
, "
Fee Schedule Established - The City Clerk, at the time of the filing of an
application for a land use planning action within the City limits, shall coHect the fee for such action established through a
resolution of the City Council together with any direct costs incurred by the CitY in obtaining a review of the application. by
architects. engineers or other professionals necessary to enable the City to approve or disapprove the application in an
infonned manner . Direct costs, as underlined in 1-4 (A) above, shaH be required to be paid by the applicant in a time
frame to be detennined by the Zoning Administrator. Processing of an application may be delayed if the direct costs are not
reimbursed as required.
Page 5 of 6 Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 18 of
\\EAGLENTIICOMMONIPhmning DcptIBase DocumelllslAP-CU 6-98.doc
Rey 3/6100
. "
The City does not guarantee acquisition of public services provided by any agency. The developer, property owner and/or
applicant of this planned unit development conditional use permit and preliminary development plan application does hereby
release and indemnify and hold hannless the City of Eagle from any and all claims, costs, etc., from any individual or
organization regarding the acquisition of services that are n:zr:t affi . ted with the City, including but not limited to
, .
water/sewer service and fIfe protection.
Signature of ApplicantlRepresentative Date /;;t. - c;
City staff comments:
&lJ~(J~d,/
Signature of receipt by City staff
)2,c, ,DO
Date
Page 6 of 6
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 19 of 26
llEAGLENTllCOMMONIPlanning DcptlBose Docum.....\AP-CU 6-98,doc
Rev 3/6100
.. 0
, ..
r"-
;".(':GIVED & FILED
f CiT,Y OF EAGLEExisting Site Characteristics
atC L 2000
The route of the proposed sub-transmission line crosses some private property but primarily exists
within exiting rights of way within the alleys and along State Street. There are both cormp~l and
residential properties adjacent to the proposed line route.'!lf~ tn:
'...-""---
Written narrative of project.
, Idaho Power Company currently has overhead power lines within the City of Eagle. Growth in the area has
placed significant stress on our infi-astructure and the company needs to upgrade several lines that serve our
customers. The existing power lines located in the alley just north of State Street and proceeding west and
north of Eagle need to be upgraded.
To meet the electrical needs of the area. Idaho Power Company is proposing to construct a 138kY sob-
transmission line fi-om the Eagle Substation, west to Star, Idaho, where a future substation will be
constructed. The route of the line through the City of Eagle will be within the corridor pr~tly occupied
by a 69kV line.
The route of the 138kV line will begin at the Eagle Substation proceeding north crossing State Street to the
to the existing alley, then proceeding west within the alley to approximately 300,1, west of Park Rd., then
south to State Street, then west along State Street continuing west bt:yond the City of Eagle Impact Area.
Additionally, the following work on the distribution circuits will be involved:
The two overhead circuits fi-om the substation that go north to the alley then proceed west will be upgraded
and relocated underground to Eagle Road.
The overhead circuit that crosses State Street at 2nd'Street will be removed.
One of the two circuits located in the alley just south of State Street will be upgraded and relocated
underground.
There will be conduit installed in the alley south of State Street for future underground conversion of the
remaining overhead circuit.
The overhead circuits crossing State Street at Eagle Road will be removed.
There will be one upgraded overhead circuit installed in the alley north of State Street west of Eagle Road
proceeding west.
Beginning approximately 300' west of Park Rosp IWd proc;eePing w~t, two overh~Q pi$"~bufionwcuits
will be installed under the 138kV sub-transmission circuif,
. .
This upgrade project provides most of the electrical intTastructure for the ultimate bul1d~pJ.J~ uf~!WJfrSubstation.
. .
Idaho Power Company is requesting a conditional use permit for this quasi-public use and for height
exception, because the poles required for the proposed new line will exceed the current height limit of35
feet.
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 20 of 26
. ',- ". .
A. Idaho Power Company is requesting a conditional use permit for installation of quasi-public
fucilities and additional height exception, because the poles required for the proposed new line
will exceed the current limit of35 feet.
B. The conditional use will be harmonious and in accordance with the general objectives of the City
of Eagle Comprehensive plan. City of Eagle Comprehensive Plan Section 4.7 "Appropriate
placement of electric utility fucilities on public rights-of-way is encouraged. 'Public streets and
road rights-of-way typically serve as colTidors for electric fucilities. Transmission lines are
usually located on easements that IPC acquires from private property owners. The joint use of
utility colTidors is also encouraged, provided that such joint use is consistent with limitations
may be prescribed by applicable law and prudent utility practice for existing and proposed utility
fucilities.
Additions and improvements to electric utility fucilities that enhance the Capacity and reliability
of regional resources, particularly when multi-jurisdictional benefits within the region can be
achieved should be accommodated.
C. The line 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 will not change
the character of the area. The net affect of this project will result in fewer overhead power lines
located in downtown Eagle.
D. The conditional use will not be hazardous or disturbing to existing or future neighborhoods. The
proposed line will be constructed according to National Electric Safety Code and industry
accepted engineering standards. There are currently two overhead electric power lines that will be
relocated underground, in the colTidor where the line is proposed to be constructed.
E. The conditional use will be adequately served by essential public fucilities. The conditional use
minimally impacts other public fucilities.
F. The conditional use will not create excessive additional requirements at public cost or require
additional public fucilities or services. Additional electrical capacity will contribute to the
economic welfare of the community.
G. The conditional use 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. The conditional use will not create traffic interference.
1. The conditional use will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
Exhibit No.
Case No. IPC-O4-
Sikes, IPca
Page 21 of 26
.., .
JJda Count'! hwa'J :JJijtricf
318 East 37th Street
Garden City, Idaho 83714-6499
Phone (208) 387-6100
Fax (208) 387-6391
E -mpil: tellus(Q2achd ,ada.id .
Judy Peavey-Derr, President
Dave Bivens, Vice President
Marlyss Meyer, Secretary
Sherry R. Huber, Commissioner
Susan S. Eastlake, Commissioner
December 12, 2000 RECEIVED & FILED
CITY OF EAGLE
DEC 1 8 2000TO:Layne Dodson
Idaho Power
PO Box 70
Boise; 10 83707
Fa.:
Route to:
SUBJECT:ECU-23-
Sub-Transmission Line
Eagle
The Ada County Highway District (ACHD) staff has received and reviewed the application and site
plan for the item referenced above. ACHD does not have any site improvement requirements at
this time. The ACHD Commission will not hear this item unless the site plan is changed in such a
manner as to require Commission review.
ACHD policy requires that before any improvements of any kind are constructed or installed within.
the public right-of-way, a permit or license agreement permitting the improvements must be
obtained.
All future design plans and construction shall be in accordance with the Ada County Highway
District Policy Manual , ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District.
Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction
in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact
Fee Ordinance.
If you have any questions, please feel free to contact me at (208) 387-6178.
Sincerely,
(!.
Christy Richardson
Development Analyst
Cc:Planning & Development/Chron/Project File
Planning & Development Services-City of Eagle
Exhibit No.
Case No. IPC-04-
Sikes, IPCO
Page 22 of 26
g~~
CENTRAL DISTRICT HEALTH DEPARTMENT~~h6k!~ Envir n I H I h i i CEIVED ,iseCITY OF EA
a91
0 E C 1 it 20an Gard n City
0 Mend n
o""KUiia
Rezone #
Conditional Use #
Preliminary / Final/Short Plat
:L'3-cJ File'
out. to:
/LJH$ PCJ Star
;IIi. We
have No Objections to this Proposal.
02,
03.
04.
05,
06.
07,
08.
We recommend Denial of this Proposal.
Specific knowledge as to the exact type of use must be provided before we can comment on thi~ Proposal.
We will require more data concerning soil conditions on this Proposal be~ore we can comment.
Before we can comment concerning individual sewage disposal, we will requi~ more data concerning the depth of:
high seasonal ground water waste flow characteristics
0 or bedrock from original grade other
This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters,
This project shall be reviewed by the Idaho Department of Water Resources concerning well construction andwater availability. . I
After written approval from appropriate entities are submitted, we can approve this proposal for:
central sewage community sewage system cOmmunity water well
interim sewage central water
individual sewage individual water
The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
central sewage community sewage system community water
sewage dry lines central water
10, Run-off is not to create a mosquito breeding problem.
09,
11. This Department would recommend deferral until high seasonal ground water can be detennined if other
considerations indicate approval.
12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
13. We will require plans be submitted for a plan review for any:food establishment swimming pools or spas
beverage establishment grocery store
014,
child care center
Date: 1.2
Reviewed By:
Exhibit No.
Case No. IPC-O4-
Sikes, IPca
Page 23 of 26
........."""'..
: .' ,. ,.
... I.' .RECEIVED & FILED
CITY OF EAGLEEAGLE FIRE DEPARTMENT
149 W STATE ST.
EAGLE, IDAHO 83616
DEC1 3 2000
File:
Route to:
DAN FRIEND, fIRE CHJJif"
MARK RABDAU, ASSISTANT FUUO CHIBP
KURT MCCLENNY. FIRE MARSHAL
(208) ~31 PAX (208) 939.2717
FIRE PREVENTION BUREAU
1m: CU-23-OO - S~ Tr:mfmliS6ion Linc-Idabo Power
The Eagle Fire Department has reviewed the application requesting conditiohal use
approval to constlUct a sub-transmission line beginning at Eagle Substation.
We have no opposition to this application and support its approval.
PLAN APPROVED BY DATE /2 -/3- DO
Pbanc: (201) 939-6463 Fax; (201)939-2717
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 24 of 26
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Exhibit No.
Case No. IPC-O4-/J A ~- "111 ~ Sikes IPCORf./,p%/V
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Page 25 of 26
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Case No. IPC-Q4-
Sikes, IPCO
Page 26 of 26
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CITY OF EAGLE
CONDITIONAL USE STAFF REPORT
DESCRIPTION: PUBLIC SERVICE FACILITY/ HEIGHT EXCEPTION REQUEST-
138KV SUB-TRANSMISSION LINE
FILE NUMBER: CU-09-
APPLI CANT:IDAHO POWER COMPANY
1221 W. IDAHO STREET
BOISE, ill 83702
REPRESENTED BY:LA YNE DODSON
O. Box 70
BOISE, ID 83702
PHONE - 208-388-6477
FAX- 208-388-6902
PLANNING AND ZONING COMMISSION HEARING DATE: November 13, 2002
PROJECT SUMMARY:
Idaho Power, represented by Layne Dodson , is requesting conditional use approval to construct a
l38kV sub-transmission line, and a height exception request to construct utility poles with heights
ranging from approximately 70 to 85~feet, (35 to 50-feet higher then the required maximum of 35-
feet).
The specific routing of the new sub-transmission line will connect with the existing l38kV power
line near the intersection of Edgewood and State Street.. The new line will proceed west along
State Highway 44 to Ballantyne Road, where the line will be constructed along the same route as
the existing power lines that parallel the highway, to the new Star, Idaho, substation site. It should
be noted that it has not yet been detennined which side of the bypass the line will traverse; this
item is left to be detennined from comments received at the public hearings as well as the
detennination of the Eagle Planning and Zoning Commission and the Eagle City Council.
STAFF RECOMMENDATION:
If the City Council approves the transmission line facility as proposed by Idaho Power, then based
upon the infonnation provided to staff to date, staff recommends the site specific conditions of
approval and the standard conditions of approval provided within this report (go to page 9).
NOTE: The site specific conditions of approval herein are solely a recommendation of City
staff. The final decision on this application, and any conditions to be placed on this
application, is totally subject to the City Council's determination.
Page 1 of 13K:\P~ DepllEogk: A",,\ications\CU\2002\CU-oo-m ..f.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPca
Page 1 of 35
..'. \
STAFF FINDINGS OF FACT:
PROJECT SUMMARY:
Idaho Power, represented by Layne Dodson, is requesting conditional use approval to
construct a l38kV sub-transmission line, and a height exception request to construct utility
poles with heights ranging from approximately 70 to 85-feet, (35 to 50-feet higher then the
required maximum of 35-feet).
The specific routing of the new sub-transmission line will connect with the existing l38kV
power line near the intersection of Edgewood and State Street. The new line will proceed
west along State Highway 44 to Ballantyne Road , where the line will be constructed along
the same route as the existing power lines that parallel the highway, to the new Star,
Idaho, substation site. It should be noted that it has not yet been detennined which side of
the bypass the line will traverse; this item is left to be detennined from comments received
at the public hearings as well as the detennination of the Eagle Planning and Zoning
Commission and the Eagle City Council.
APPLICATION SUBMITT AL:
The application for this item was received by the City of Eagle on September 9, 2002.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in aq:ordanceJor requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on October 8, 2002, and again on October 29,2002.
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 October 2, 2002, and again on October 23, 2002.
Requests for agencies' reviews were transmitted on September 17, 2002 in accordance
with the requirements of the Eagle City Code.
I-llSTOR Y OF RELEVANT PREVIOUS ACTIONS:
On January 23, 1996, the Eagle City Counci l approved a conditional use pennit for
capacity upgrades to the Eagle Substation located at 315 E. State Street.
On February 20, 200 I , the Eagle Planning and Zoning Commission recommend denial of
CU-23-00 for a conditional use pennit by Idaho Power Company for a height exception
request and the reconstruction, upgrade, and re-routing of an existing 69kv power line to
accommodate a 138kV sub-transmission line and placement of existing distribution lines
underground, generally extending from the Eagle Substation on State Street west to
Ballantyne Road. The item was not heard by the City Council as the applicant withdrew
the application following the Planning and Zoning Commission hearing.
COMP ANION APPLICATIONS: None
Page 2 of 13
K:\P1anning Depl~1e Applicatioos\CU\2002\CU-oo-m sU,doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 2 of 35
. \
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA nON DESIGNA nON
Existing Business Park / Central A (Agriculture) / A~R Businesses /
Business District /(Agricultural-Residential) / BP Resi dencesrr ra nsmissi on
Commercial/ Mixed Use /(Business Park) / C-3 (Highway Power Line
Public/Semi-Public /Business District) / CBD
Residential One (1- unit per (Central Business District) /
acre max.) / Residential MU (Mixed Use) R-
Two (2-units per acre max.(Residential) R-2 (Residential)
/ Residential Four (4-units / R-4 (Residential)
per acre max.
Proposed No Change No Change ' TransmIssion Power Line
North of site Commercial/Central A (Agriculture) / A-Businesses /
Business District /(Agricultural-Residenti~,I) /Res idencesrr ra nsmiss i on
Residential One (I-unit per CBD (Central Business Power Line
acre max.) / Residential District) / R-l (Residential) / R-
Two (2-units per acre max.2 (Residential) / R-4
Residential Four (4-units (Residential)
per acre max.) / Residential
Two (2-units per acre ma~.
/ Mixed Use
South of site Commercial/Central A (Agriculture) / A-Businesses /
Business District /(Agricultural-Residential) / C-Resi dencesrr ransmission
Public/Semi-Public / Mixed (Neighborhood Busine~s Power Line
Use / Residential Four (4-District) / CBD (Central
units per acre max.
) /
Business District) / PS
Residential Two (2-units per (public/Semi-Public) / R-
acre max.(Residential) / R-
(Residential) / R-4
(Residential)
East of site Business Park / Mixed Use /BP (Business Park) / C-Businesses /
Residential Four (4-units (General Business District) /Residencesrr ransmi ssi on
per acre max.MU (Mixed Use) / R-4 Power Line
(Residential)
West of site Mixed Use / Public/Semi-A (Agriculture) / A-Businesses /
Public / Residential One (1-(Agricultural-Residential) / MU Residencesrr ransmission
unit per acre max.
) /
(Mixed Use) / R-l (Residential)Power Line
Residential Two (2-units per 2 (Residential) / R-
acre max.) / Residential (Residential)
Four (4-units per acre max.
DESIGN REVIEW OVERLA Y DISTRICT:
A portion of the line is located within the CEDA (Community Entry Development Area)
as well as the City s designated Entry Corridor.
Page 3 of 13
K=\P1anoiDg Dept~1e ApplicationslCU\2002\CU-09-02 sU.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 3 of 35
EXISTING SITE CHARACTERISTICS:
The existing power line is within easements and or public rights-of-way that extend
through both residential and commercial areas of the City.
SITE DESIGN INFORMATION: N/a
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 to 85-feet (maximum) through the corridor.
Gross Floor Area of Proposed Buildings: N/a
On and Off-Site Circulation:
Other than th~ 'existipg Eagle Substation, which has a 'maintenance access, the power line
easement abuts public rights-of-way and no other public access is proposed.
PUBLIC SERVICES A V All..ABLE:
Central District Health Depanment and Eagle Fire Department have provided preliminary
approval letters. Letters from water and sewer entities, as well as other affected utilities,
are required prior.to the issuance of any pennits.
PUBLIC USES PROPOSED: None
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - A ponion 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
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An Environmental Impact Assessment has been prepared and is attached for review.
Page 4 of 13
K:\P1anninj! Dept~1e ApplicaIions'CU\2OO2'C1J.oo-m Rf.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 4 of 35
,0,
AGENCY RESPONSES:
The following agencies have responded and their coITespondence is attached. Comments
which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
LEITERS FROM THE PUBLIC:
Letter from Thomas Dater, 999 Main Street, Boise:, ill 83702 date stamped by the City onOctober 8, 2002.
Letter from Givens-Pursley LLP 277 N. 6th Street, Suite 200 Boise, ill' 83701 date
stamped by the City on October 11,2002.
Letter from Capital Development, Inc., 6200 N~ Meeker Place, Boise, ill 83713 date
stamped by the City on October 30, 2002.
EAGLE CITY CODE 8-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in tenns of the following standards and shall find adequate evidence showing that
such use at the proposed location:
Will, in fact, constitute a conditional use as established in Section 8-3 of this title (Eagle
City Code Title 8) for the zoning district involved; ,
' '
Will be hannonious with and in accordance with the gen~ral objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
Will be designed, constructed, operated and maintained to be hannonious and appropriate
in appearance with the existing or intended character of the general vicintty and that such
use will not change the essential character of the same area;
Will not be hazardous or disturbing to existing or future nei'ghborhood 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.
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;
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;
Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on suITounding public thoroughfares; and
Page 5 of 13
K:\P1anning DepI~1e ApplicaUons\CU\2OO2'CU-OO-02 sU.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 5 of 35
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS:
COMPREHENSIVE PLAN PROVISIONS
REGARDING THIS PROPOSAL:
WHICH , ARE OF SPECIAL CONCERN
Chapter 4 Schools, Public Services and Utilities
Other Services and Utilities
Electricity
Appropriate placement of electric utility facilities on public rights-of-way is
enco)J~aged. Public streets and road rights-of-way typically serve as corridors for
electric facilities. Transmission lines are usually located on easements that IPC
(Idaho Power Company) acquires from priv'!te property owners. ' The joint use of
utility corridors is also encouraged, provided that such joint use is consistent with
limitations as may be prescribed by applicable law and prudent utility practice for
existing and proposed utility facilities.
Additions and improvements to electric utility facilities that enhance the capacity
and reliability of regional resources, particularly when multi-jurisdictional benefits
within the region can be achieved, should be accommodated.
Implementation Strategies
Recognize the need for electric utility facilities that are sufficient to
support economic development.
Encourage Idaho Power to make additions to and improvements of
electric utility facilities that provide adequate capacity for projected
growth.
Chapter 7 Natural Resources and Hazard Areas
Hazard Areas
The Dry Creek floodplain has a potential for flash flooding...
Chapter 11 Special Areas and Sites
11.2 Recognized Special Areas and Sites
The Dry Creek Floodplain is designated as a special area due to its ecological and
scenic significance. This area comprises the length of the Dry Creek Floodplain
through the hnpact Area.
Page 6 of 13
K:\P1anDinj! Dcpt\Eaj!ic ApplicmionslClJl2002'CU.()9-02 sa.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 6 of 35
The State StreetlEagle Road Conidor is designated as a Special area due to its
historical, architectural and scenic significance.
Chapter 12 Community Design
12.Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways include State Highways 44 (State Street and Alternate
Route) and 55 (EagJeRoad). These entrances with their landscaping (or lack
thereof), commercial signage and building character provide the first, and
oftentimes the most lasting impressions of the entire community. The City of
Eagle has the responsibility to guide development and redevelopment that occurs
along these entryway conidors.
Design review procedures should guide future development and redevelopment of
existing uses. Depending on land uses and buildings, more extensive landscaping
and fewer points of access may be required. The design review process will
afford the opportunity to address the special features "of each property and facility
in a manner that will best address the overall intent of enhancing Eagle
entryways. Eagle s entrance conidors may take on the look of benDs' built
adjacent to the Banbury and Lexington Hills Subdivisions.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Section 8-2A-6 (A)(7)(a)
Additional Height Restrictions: All spires, poles, antennas, steeples, towers, and any other
such structures shall be limited to a maximum of thirty-five feet (35'). Additional height
may be penniued if a conditional use pennit is approved by the City Council.
Section 8-2A-7 (J)(2)(c) & (3)
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with
any commercial or industrial activity, and off-street loading when adjacent to or in view
from a residential activity or public street right of way, a five foot (5') wide by six foot (6'
high landscaped buffer is required.
3. Materials:
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and
deciduous trees, shrubs, and groundcover in which evergreen plant materials comprise a
minimum of sixty percent (60%) of the total plant material used.
b. Height requirements shall be accomplished with plant material with a fence or
decorative wall.
c. The required buffer area shall result in an effective barrier within three (3) years and be
maintained such that sixty percent (60%) or more of the vertical sutface is closed and
prevents the passage of vision through it.
d. Chain link fencing, with slats or otherwise, is prohibited for screening.
Page 7 of 13
K:\P1anninj: Dep'1Eaii1c Applic8lionslCU\2002\CU.oo-02 Slt.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 7 of 35
Section 8-5 (D): Conditions Of Pennit
Upon the granting of a conditional use pennit, conditions may be attached to said permit
including, but not limited to, those:
I. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duratio~ of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
DISCUSSION:
In February of 2001 , the Eagle Planning and Zoning Commission recommended denial of a
conditional use permit application proposed by Idaho Power to install a 138kY line that would
travel, in part, from the Eagle Sub-station through the downtown area along State Street and
on to State Highway 44 near Ballantyne Road. Idaho Power withdrew the application prior to apublic hearing before the City Council.
Subsequently, in March of 2002, Idaho Power held an informational open house to inform and
gamer comment from the public concerning the routing of a proposed 138-kV' sub-
transmission line. 35% of the questionnaires returned to Idaho Power suggested that the best
route would be to utilize a state highway cooidoL Through the responses received at the open
house, as well as from nominations from the Eag1e City' Council and Star City Council, a
group of volunteers was assembled to fOnD a Community Advisory Committee (CAC).
Through both subjective and objeCtive approaches., 'the CAC determined that the most
appropriate routing of a new 138-kV sub-transmission line (out of a total of ten options) would
extend from the existing 138-kV sub-transmission line near tt)e intersection of Edgewood
Lane and State Highway 44 and travel east along the bypass route to connect to the existing
line near the intersection of Ballantyne Road and State Street. The factors involved (as well as
the methods used) in determining the route are detailed within the July 2002, Routing Study
entitled "Eagle-Star 138-kV Sub-Transmission Project , attached to this I:eport in booklet
form.
It should be noted that it has not yet been determined which ' side of the bypass the line will
traverse; this item is left to be determined from comments received at the public hearings as
well as the determination of the Eag1e Planning and Zoning Commission and the Eagle City
Council.
With regard to placing the sub-transmission line(s) underground, the CAC felt that while this
scenario would be most favorable, the committee did not feel "empowered to make a
recommendation to IPC that might obligate the citizens of Eagle to higher power rates" 1 , due
to the costs of installation, and maintenance of, an underground line. Staff will defer
discussion regarding this matter to the Eagle Planning and Zoning Commission and the Eagle
City Council.
It is staff's understanding that the existing Eagle Substation (located on the south side of State
Street approximately 350-feet east of 2nd Street) will not require modifications and/or upgrades
to accommodate the extension of the 138-kV line. The Eag1e Substation (located within the
downtown Central Business District) was previously determined by the City Council as being
Page 8 of 13
K:\P1annioi Depc\Eaj!1e Applications\CU\2002\CU-OO-02 lIi.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 8 of 35
located in an area that is not suitable as a long-tenD site (as noted within the meeting minutes
for the original conditional use pennit) and that future changes/upgrades may require moving
the substation out of the downtown. With the extension of the existing sub-transmission line,
which may also eventually become an alternative power source to the Eagle Substation, it
would appear that Idaho Power s long-tenD facility planning efforts include keeping the
substation in its cuuent location.
If the City Council detennines that the substation may remain in its current location, then staff
recommends that the existing chain link fence with slats suuounding the facility be removed
since it does not comply with ECC minimum screening requirements. A new screening
method such as a minimum 8-foot high decorative block (split face CMU) wall and additional
landscaping should be installed around the perimeter of the substation. Design Review Board
review and approval of the screen wall and landscaping should be required prior to the
issuance of any zoning pennits.
The new power line may travel through an area designated as a "Hazard Area , specifically the
Dry Creek floodplainlfloodway. This portion of the flood way is located on State Highway 44
in approximate alignment with Riverview Street to the north. Eagle City Code Section 10-
(A) requires that any development that could possibly increase or alter the flood hazard shall
obtain a development penn it prior to any construction occurring within' the special flood
hazard area. A flood plain development pennit may be iss~ed if documentation prepared by a
registered professional engineer is submined with an application to the City and approved by
the City Engineer and the Building OfficiallFloodplain Administrator. The applicant should'
be required to obtain a floodplain development permit if any new poles are to be placed within
a floodplainlf1oodway, prior to the City issuance of a Zoning Certificate.
STAFF RECOMMENDATION:
If the City Council approves the transmission line facility as proposed by Idaho Power, then based
upon the infonnation provided to staff to date, staff recommends the site specific conditions of
approval and the standard conditions of approval provided below.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the conditional use pennit and height exception for the 85-foot high (maximum) utility poles are
approved (with the following conditions). The application is subject to the conditions of design
revIew.
2. Construct an 8-foot high decorative block (split face CMU) wall and provide additional landscaping
around the perimeter of the substation. Plans showing design specifications regarding the screen wall,
driveway gates, and landscaping shall be reviewed and approved by the Design Review Board prior to
the issuance of any zoning permits.
3. Design Review approval is required prior to the removal or pruning of any existing trees within the
power line construction zone.
4. If new power poles are to be constructed within any floodplainlfloodway, then City Engineer and
Floodplain Administrator approval of a floodplain development permit will be required prior to
construction.
5. The applicant shall submit payment to the City for all Engineering fees incuued for reviewing this
project, prior to issuance of a floodplain development permit (if needed) or any other permits.
6. The applicant shall obtain a Zoning Certificate from the City of Eagle Planning and Zoning
Page 9 of 13
K:\P1anninj: Dcpt~1e Applicalions\CU\2002ICU-09-02 Slf.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 9 of 35
Department prior to commencing any construction within the proposed power line corridor located
with the Eagle City limits.
STANDARD CONDITIONS OF APPROVAL:
The applicant shall comply with all requi~ements of the Ada County Highway Dis~rict 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.
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 flfSt.
All permits from Central District Health, Eagle Sewer District & Eagle Fir~ Qistrict, shall be
secured prior to issuance of building permit or Certificate 'of Occupancy, whichever occurs first.
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 flfSt.
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 th~ project for service, prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system andJor 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.
The applicant shall submit plans and calculations prepared by a register~d professional engineer to
handle the satisfactory disposal of all stonn 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 flfst.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building pennits or Certificate of Occupancy, whichever
occurs flfSt. 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 stonn drain disposal system shall be complete before an occupancy pennit is
issued.
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
Page 10 of 13
K:\P1anning Dept\Eui1o: Applicnlioos\CU\2002\CU-09-m sU.doc
Exhibit No.
Case No. IPC-O4-
Sikes , IPCO
Page 10 of 35
obstructed, routed, co~ered 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 caIT)'ing 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 certific~tion shall be filed with
the construction drawing and submitted to the City prior to issuance of any building pennits or
Certificate of Occupancy, whichever occurs flTst.
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 pennits 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 pennits or Certificate of Occupancy,
whichever occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate 'of Occupancy.
10.Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City s specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to i11uminate 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.
12.One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building pennits 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 detennined 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 aflTe area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (Le.; 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 pennits or certificate of Occupancy, whichever occurs flTSt.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building pennit or Certificate of Occupancy, whichever
occurs first.
Page 11 of 13K:\P~ Dep!1EIIi!1e Applica1ions\CU\2002\CU-09-m m.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 11 of 35
13.
14.
19.
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
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building pennit or Certificate of Occupancy, whichever occurs first.
Conservation, recreation and river access easements (if applicable) shall be approv~ by the Eagle
City Pathw~y/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building pennit 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. .
15.
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
pennit or Certificate of Occupancy, whichever occurs first.
16.
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 oc~urs first.
17.
18.Basements in the flood plain are prohibited.
The AmericaI1-s with Disabilities Act, Unifonn Building C0de, 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.
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.
20.
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.
21.
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.
22.
No change in the tenns and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confmnation of any change from the City of Eagle.
23.
Page 12 of 13
K:\PloJmin!! Dep'~1e Applica1ions\CU\2002\CU-09-ID sU.doc
Exhibit No.
Case No. IPC-04-
Sikes , IPCO
Page 12 of 35
Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eaglf: City Code (one year from the Planning and
Zoning Commission approval date).
24.
I Eagle-Star 139-kY Sub-Transmission Project, July 2002, Routing Study, page 15.
Page 13 of 13K:\P~ Dep!\E.oi!1e Applica1ions'CU\2002'CU-09-02 Ilf.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 1 3 of 35
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RECEiVED FILEDCITY OF EAGLE
i!!
' .
lit ~'
'" '. :.,.'~ .!,.. '\ ,': ,
SEP 0 9 2002
CITY OF EAGLE File:
Route to:3\ 0 E. State Street, Eagle, ID 836\6
Phone #: (208) 939-68\3 Fax #: (208) 939-6827
CONDITIONAL USE PERMIT APPLICATION
FILENO.~l.A - '1- 0'2..FEE: 50.
CROSS REF. FILES:
PLICANT: Idaho fbiUer Cot7?pan PHONE: 3t3B-Ia~77
Owner: Purchaser: ' ." Lessee: FAX: 3 z z - . 2.. 5 Z.
APPLICANT'S ADDRESS: P. O. ~ox
~;~e Idaho ZIP:f3~7o7
OWNER:sa. rrv....PHONE:
FAX:
OWNER'S ADDRESS:
ZIP:
REPRESENTED BY
(IF DIFFERENT FROM ABOVE):LCt~()e.. UbdSor'l PHONE:
FAX:
388- (",'17
sZ2- z.o~z.
ADDRESS OF PROPERTY:
DIST ANCE FROM
MAJOR CROSS STREET:
STREET
NAME:
PARCEL NO.
(APPLICANT TO VARIFY WITH ADA COUNTY ASSESSOR'S OFFICE)
Page 1 of 6
C:\!Devekil jOlr:aglelionralPZ-CU.doc
Rev SIIS1U2
Exhibit No.
Case No. IPC-O4-
Sikes, IPca
Page 16 of 35
omplete arts:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing N/A
Proposed NIb-.
Nortb or site r-..I
South or site N/~
East or site tJ/A
West ofsite N/A
SITE DATA PROPOSED REQUIRED
Total Acreage of Site NiA
Percentage of Site Devoted to Building Coverage N/A
Percentage of Site Devoted to Landscaping N IA.
Number of Parking Spaces
Front Setback f\J/A
Rear Setback IA.
Side Setback N fA
Side Setback N/A
IS THE PROPERTY WITHIN THE DDA, TDA OR CEDA DESIGN REVIEW OVERl).. Y AREA:?'I e.~
EXISTING SITE CHARACTERISTICS: Power /,'I)e ,ocJ,...te will be ;1) Jj(J..ec:,.,f
ex;
~n.'9 n.,6 ht+ure rDad ~'),h. f l"-"A'1' ~()l.,Lte Wo
" /)..
~;,", near Ed1e ~D()d Ci"1J tll.Vy '-I~
Dl'oceu)\west lA(Of)the c,ou +/.-tc::"rrie of I-IUJ"'1";, Gn fj fhM r.roHU1j-l-o-l(.,e. /'10 (-11.'51
;)(
/Jea-r 6Cd/CtI'l yq~ thew..
GENERAL SITE DESIGN FEATURES:
Describe On and OfT-Site Circulation:
t1f
AI/A
Numher and Uses of Proposed Buildings:
Height and Number of Stories of Proposed Buildings:
Gross Floor Area of Proposed Buildings:
PUBLIC SERVICES (Provide a briefnaITative stating what services are available and what agency is providing the service):
Potable Water:NIA
Page 2 of 6
C :\ !De..J'c iI J" feag 1ellOrmslPZ-CU.doc
Rev S/ISJO2
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 17 of 35
Irrigation Water:tV/A
Sanitary Sewer:AJ/A
Fire Protection:tJ 1/1
Schools:,J/A
Roads: fJD +-r-a fhL lrTJ()~f. 11,e I,'ne
"(/
be! c.o.?~fru.c-fe
lf15;~e eiish~
J 6'
+vfull. (OU-~ds
u.al'lt fD
SPECIAL ON -SITE FEATURES (Yes or No - If yes explain):
Areas of Critical EnvironmentalConcem- -:.e.e. Ef1v"yontY\~\ I~flic.+ AS~S~:'I'H"'~ rfpo b'1 1e,.;.,fe(Jeo"
Evidence of Erosion -(\0
Fish Habitat -1'\ 0
Floodplain - "" 0
Mature Trees - Y"I 0
Riparian Vegetation - ,,",0
Steep Slopes - \\ 0
Stream/Creek -
('\ ~
Unique Animal Life - ./\ 0
Unique Plant Life -
Unstable Soils - n.
Wildlife Habitat - Y'\O
Application Submittal Requirements
I. Legal description of property
2. Copy of Deed
3. JJ Jp.,If the signator on this application is not the owner of the subject property, then provide a notarized statement
(affidavit oflegal interest) from the owner stating the applicant is authorized to submit this application.
4. Names and addresses of all adjoining owners of property and residents within three hundred feet (300') ~~the
external boundaries of the land being considered as shown on record in the County Assessor s Office.
addresses shall be submitted to the City on two sets of address labels. (fro"" ec1ge. o~ R OD-O)
5. Fourteen 24" x 36" blue lines (folded) and one 8W' x I I" reduction of the proposed site for the conditional use
showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces
landscaping, trash enclosures and service areas, utilities, signs, yards, and such other infonnation deemed necessary
by the Zoning Administrator to determine if the proposed conditional use meets the intent and requirements of the
Eagle City Code. - R'Ou..-\-e rr-af'
One 8 W' x 11" vicinity map- j(.cv IVIAp
Page 3 of6
C:\ I De.el'c iI )0 ",",10 If"onmIPUU.doc
Rev 5/15102
Exhibit NO.
Case No. IPC-O4-
Sikes, IPCO
Page 18 of 35
7. Fourteen 8 W' x 11" aerial photos depicting proposed site and surrounding area within five-hundred feet (500'
8. A written narrative giving the description of the existing use and a detailed description of the proposed Conditional
use.9. ~' A written statement addressing each issue below in the order outlined "A" through ". The applicant shall address
how the conditional use:
A. Will, in fact, constitute a conditional use as established in Section 8-3 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 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. Wi11 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 pl1blic 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 win be
detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
H. Wi11 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.
POSTING REQUIREMENTS OF THE CITY OF EAGLE
EAGLE CITY ORDINANCE #312 2/10/98 (ECC 8-7-8)
Posted Notice: Except as noted within this paragraph, any time notice is required, the land 'being considered shan be posted
not less than ten (10) days prior to the Planning and Zoning Commission hearing and again not less than ten (10) days prior to
the City Council hearing. Except as noted herein, posting of the property must be in substantial compliance with the
fonowing requirements:
1. Signage Requirements:
a. The sign(s) shall consist of 4' x 4' plywood or other hard surface mounted on two (2) 4" x 4" posts in such a
manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at
least three-feet (3') above the ground.
b. Centered at the top of the 4' x 4' sign board(s) in six-inch letters shall be the words "Public Notice . In
addition, each sign will inform the public of the name of the applicant, and if applicable, the proposed
development, the date, time, place, and nature of the public hearing and a swnmary of the proposal to be
considered. Each sign shan be painted white and the letters shan be painted black and shan appear on both
Page 4 of6
C :IIDe..r.: i )0 bg IeIformsIPZ.CU .docRed/ISm
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 19 of 35
sides. An example of this sign is set forth in the attached illustration.
Size = 6 inches------------------------PUBLIC HEARING NOTICE
Size = 2 inches------_n_-------------Eagle Planning and Zoning Commission
Size = 1.5 inches-----_n_-------------THE CITY OF EAGLE will hold a public hearing on May 9, 1999
at 7:00 P.M. at the Eagle City Hall.
Size = 1.5 inches----------------------PURPOSE: Annexation and Zoning- You-Name-It Subdivision-
Zoning R-4, Subdivision Preliminary Plat,. 7.66 acres, 29 lots, single
family dwelling, I lot open space/drainagew/ landscaped entryway.
Size = 1.5 inches---------------------LOCATION: SW comer of Second 8t. and State St.
Size = 1.5 inches----------------------------APPLICATION BY: Average citizen, USA, Inc.
C. In lieu of the above conditions, for conditional use pennit applications made pursuant to Eagle City Code
Section 8-2(E) (Mobile Home - temporary living quarters) of this Title only, the sign snail consist of one (1)
11" x 17" sign on paper or other material and lettering sufficient to infonn the public of the name of the
applicant, and, ifapplicable, the proposed development, the date, time, place, and nature of the public hearing
and a summary of the proposal to be considered.
2. The sign(s) shall be posted on the land being considered along each roadway that is adjacent to it. The signs shall be
located on the property outside of the public right-of-way, if they can be so located and remain clearly visible nom the
roadway; otherwise, the consent of the owner of the right-of-way must be obtained and the sign(s) located therein:
Except as noted herein, if the land being considered consists of more than one parcel of record, a sign must be located
upon each parcel. The Zoning Administrator, upon finding that adequate notice will be provided, may not require all
signs to comply with the size requirements of Subsection 1 above. In the eventthat the land being considered includes
properties with 500-feet or more of road frontage, a sign shall be placed pn each end of the property roadway frontage.
this property includes a comer lot, three signs shall be posted, one on the comer and one on each end of the property
roadway frontages.
3. The applicant shall submit a certification to the City Clerk no later than seven (7) days prior to the hearing as to what,
where, and when sign(s) were posted. Unless the certification is received by such date, the hearing will be canceled.
4. No later than three (3) days after the noticed hearing and any continuation thereof, sign(s) must be removed. A penalty of
$25.00 per day shall be imposed against each applicant for late removal of the signs.
NOTE:
IF THE CITY COUNCIL OR THE ZONING ADMINISTRATOR DETERMINE THAT ADDITIONAL AND/OR
REVISED INFORMATION IS NEEDED , AND lOR IF OTHER UNFORSEEN CIRCUMSTANCES ARISE, ANY DATES
OUTLINED FOR PROCESSING MAY BE RESCHEDULED BY THE CITY.
APPLICANTIREPRESENTATIVE MUST ATTEND THE CITY COUNCIL MEETING.
................... ....... ....." ........... .......,.............. ...,.... ...................................... .............. .................................. ................ .................... ...
Eagle City Code Section 1-7-4 (C) states
, "
Fee Schedule Established - The City Clerk, at the time of the filing of an
application for a land use planning action within the City limits, shall collect the fee for such action established through a
resolution of the City Council together with anv direct costs incurred by the City in obtaining a review of the application. by
architects. engineers or other professionals necessary to enable the City to approve or disapprove the application in an
infonned manner . Direct costs, as underlined in 1-7-4 (A) above, shall be required to be paid by the applicant in a time
Page 5 of 6
C:\!Deve\lci)'l bgle\IormsIPZ-CU.doc
Rev ~/1~1O2
Exhibit NO.
Case No. IPC-04-
Sikes, IPCO
Page 20 of 35
frame to be detennined by the Zoning Administrator. Processing of an application may be delayed if the direct costs are not
reimbursed as required.
The City does not guarantee acquisition of public services provided by any agency. The developer, property owner and/or
applicant of this planned unit development conditional use pennit and preliminary development plan application does hereby
release and indemnify and hold hanDless the City of Eagle from any an all claims, costs, etc., from any individual or
organization regarding the acquisition of services that are not affiliat a 'th the City,incIuding but not limited to, water/sewer
service and flTe protection. ~. L./
Signature of Applicant/Representative Date
L-/
City staff comments:
Signa,ture of receipt by City staff
t1tJJ &dI
Date
9//7)62-
Page 6 of6
c ~ IDe velie iI )U bs 1eIfonmIPZ.CU.doc
Rev 5115102
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 21 of 35
Description of the Conditional Use
. -
AECE-'-V-ar&FIl"Eo-
CITY OF EAGLE
SEP 9 2002
, .
File:
Idaho Power Company is applying for a Conditional Use Permit f~it~I!SUUliiLivJ.l ef a
138kV Sub-transmission line (public Service Facility), within the ag
Eagle Star Areas have experienced steady growth in the last ten years and is ~ntinuing
to grow. This growth has resulted in significant increases in electricity usage within the
area that bas severely strained Idaho Power Company s existing electric facilities. In
order to continue to provide reliable electric service to our customers, and to meet
, existing and future electrical capacity needs, Idaho Power Company plans to construct a
new electric distribution subsUition near Star and a 138 000-voh (138-kV) sub-
transmission line to supply the subsUition.
The sub-transmission line will tap the existing 138kV power line near the interSection of
Edgewood and State Streets. The new line will proceed south to Highway 44, then
proceed west along the highway to Ballantyne Road, where the line will be constructed
along the same route as the existing power lines that parallel the highway, ,to the Star
SubsUition site.
, '
The power line will be constructed using gray painted tubular steel poles, ranging in
height from approximately 70 to 90 feet. The spacing of the poles will be approximately
300 - 350 feet. The line will be constrocted on private easements, to be obtained from
the property owners, or within the public right of way.
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 22 of 35
. '
RECEIVED&R.
CITY OF EAGL~
city of Eagle Conditional Use Application SEP 0 9 2002
Application Submittal Requirements File:
Route to:L.-
A. The application is for a sub-transmission line, which is defined as a public
service facility. The height ofthe line will also exceed 35'
B. Eagle Comprehensive Plan 2000
a. 4.7 Other Services and Utilities
Idaho Power Company (IPC) proVides 'electrical services throughout
the City and Area ofImpact. IPC is a public service company
regulated by the Idaho Public Utilities Commission.
b. Appropriate placement of electric utility facilities on public rights-of-
way is encouraged. Public streets and road rights-of-way typically
serve as corridors for electric facilities. Transmission lines are usually
located on easements that IPC acquires from private property owners.
The joint use of utility corridors is also encouraged, provided that such
joint use is consistent with limitations as may be prescn"bed by
applicable law and prudent utility practice for existing and proposedutility facilities.
c. Additions and improvements to electric utility facilities that enhance
the capacity and reliability of regional resources. particularly when
multi-jurisdictional benefits within the region can be achieved. should
be accommodated.
C. The power line will be designed, constructed. operated and maintained to be
harmoruous and appropriate in appearance with the existing character ofthe
general vicinity ofthe line. It will not change the essential character ofthe
area.
D. The power line will be constructed to National Electric Safety Code and pole
placement will not interfere with traffic views.
E. The power line requires minimal public facilities. Adequate facilities exist.
F. The power line creates minimal impact on public facilities and will not be
detrimental to the welfare of the community.
G. Construction of the power line will not create excessive noise, smoke. glare
fumes, odor or traffic.
H. No traffic flow impact.
I. The power line will be constructed in or adjacent to the existing road rights
way. Construction of the line will not result in the destruction of any natural,
sceruc or historical feature of major importance.
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 23 of 35
;J~-IIIP.
.A'
.r~
....,.., .,).
Ada County
RECEIVED & FILEO
igHWarDist i
OCT 0 1 2002
David E. Wynkoop, President
Dave Bivens, 1st Vice President
Judy Peavey-Derr, 2nd Vice President
Susan S. Eastlake, Commissioner
Sherry R. Huber, Commissioner
Route to:318 Ea 37th Street
83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
E-mail: tellus(Q;!ACHD.ada.id.
September 27, 2002 '
TO:Idaho Power Company
O. Box 70
Boise, Idaho 83707
SUBJECT:ECU-
Height exception for a sub-transmission line.
Near the intersection of Edgewood and State Street, south ~o HWY", west to Ballantyne Road
The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item
referenced above and is submitting this no review letter in response to the lead agency s request for comment.
. '
Based on the submitted information, it has been determined that the proposed development will generate less than 10
additional vehicle trips per day (VTD); or improvements exist adjacent to the site and ACHD has no site improvement
, requirements attributable to this application.
ACHD policy. states that'rlo site related improvements will be required for developments generating less than 10
additional VTD. If the site plan or use changes in such a manner that more than 10 additional vehicle trips per day are
generated, then ACHD will review the site plan and may issue requirements based'on the ACHD Policy Manual.
ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-
way, a permit or license agreement permitting the improvements must be obtained.
All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual
ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances
unless specifically waived in writing by the District. Meet District drainage requirements per section 8000 of the ACHD
Development Policy Manual. Contact District staff at 387-6170 for details.
Please contact the office for determination of possible road impact fees, prior to obtaining a building permit. These fees
are collected in accordance with Ordinance #195, the Ada County Highway District Road Impact Fee 'Ordinance.
If you have any questions,please feel free to contact me at (208) 387-6170.
Sincerely,
(\'
t.\~v
~~Iopment Analyst
Planning & Development
Cc:Planning & DevelopmenUChron/Project File
Planning & Development Services City of Eagle
Construction Services
Exhibit No.
Case No. IPC-04-
Sikes, IPCO
Page 24 of 35
CENTRAL
\i:Bt!\i!~S::? 2 3 2302
Ret rn to:
Boise
Eagle
Garden City
Meridian
Kuna
DACZ
Star
Rezone #
Conditional Use #
Preliminary / Final/Short Plat
File:
Route to:
LA -
...,
t?:L
~.
We have No Objections to this Proposal.
2. We recommend Denial of this Proposal.
3. . Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
4. We will require more data concerning soil conditions on this Proposal before we can comment.
5. Before we can commerltconceming individual sewage disposal, we will require more data conceming the depth of:
high seasonal ground water waste flow characteristics
or bedrock from original grade other
6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/orsurface waters.
7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction andwater availability.
8. After written approval from appropriate entities are submitted, we can approve this proposal for:
central sewage community sewage system community water well
interim sewage central water
individual sewage individual water
9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
central sewage community sewage system community water
sewage dry lines central water
10. Run-off is not to create a mosquito breeding problem.
11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
13. We will require plans be submitted for a plan review for any:food establishment swimming pools or spas
beverage establishment grocery store
child care center
014.Date: -.ZJ t:P 2....
RevipwP.r1 Bv:
~ ~
Exhibit No.
Case No. IPC-O4-
Sikes, IPca
Page 25 of 35
COHO 9100 Iu:
RECEIVED & FILED
CITY OF EAGLE
,)\.I""";/~
,/
i.
,- . ~, ~
. 0\~ll:"T~\'
STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
OCT Q 8 2002
File:
Route to:
1445 North Orchard. Boise. Idaho 83706.2239. (208) 373-0550 Dirk Kempthorne, Governor
C. Stephen Allred, Director
October 3 , 2002
Colleen T. CaIToll
Administrative Clerk n
City of Eagle
O. Box 1520
Eagle, Idaho 83616
RE:.CU-02-Sub- Transmission Line-Idaho Power
Dear Ms. Carroll:
Thank you for the opportunity to respond to your letter dated September 17, 2002. We
have no comments at this time.
If you have any questions, please contact me at (208)373-0162, or via e-mail at
srae~deq.state. id. us.
cc:Charles W. Ariss, P., Regional Manager-Engineering, Boise Regional Office
Robert Ward, Boise Regional Office
File 24
Reading File, Managers File
G:\Engineering\BSU Internship Program\Bob\PZ Comment Letters\COE-Sub-Transmission Line IO-3-O2.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPca
Page 26 of 35
, " , , , , , .
QC1. I. iDOL i2:51PM No.244f,
/ !.
RECEIVED & Flb~1J
CITY OF,EAGLE
, . ,;,
EA GLE FIRE D EP AR TMENT
966 E. IRON EAGLE DR.
EAGLE, IDAHO 83616
OCT 0 7 2~~2
File:
Route to:
, DAN FRIEND F~ CHIEF
MARK RA1!DAU. ASSISTANT FIRE CHIEF
KUkT MCCLENNY, FIRE MARSl-iAL
(208) 939-6463 / FAX (208) 939-2717
FIRE PREVENTION BUREAU
SUBJECT: CU-02 - Sub Transmission Line - Idaho Power
TIle Eagle Fire Department has reviewed the application requesting conditional use
approval to construct a sub-transmission line,
PLAN APPROVED BY DATE It.) ~.2- 0.2-
Phone: (208) 939-6463 Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 27 of 35
..
RECEIVED & FILED
CITY OF EAGLE
SEP 1 9 2~2
File:
SEVVERDISTRICT 44 N. Palmetto Avenue. Eagle , Idaho 83616
Phone (208) 939-0132 . Fax (208) 939-8986
September 18, 2002
Ms. Colleen Carroll '
City of Eagle
O. Box 1520
Eagle, Idaho 83616
Re: CU-9-O2 - Sub-Transmission-Idaho Power:
Dear Ms. Carroll:
The District has a main sewer line on the East side Qf Edgewood that crosses State Highway 44.
In addition, we have a 14 '! Pressure sewer line and a 24" & 30" gravity sewer line on the south
side of State Highway 44 between Eagle Road and Ballantyne Road with several sewer line
crossings ITom the north side of State Highway 44. From Ballantyne Road to Linder Road the
District has a gravity and pressure sewer on the north side of State Highway 44 and a pressure
sewer line on the South side of State Highway 44.
As you can see ITom the narrative, the District has inUastructure in the proposed routing of this
new sub-transmission line. Idaho Power will need to work with the District to insure that during
construction of this power line that no one damages the District s sewer system.
If you have any questions please give me a call.
Sincerely,
cc: file
Exhibit No.
Case No. IPC-O4-
Sikes , IPCO
Page 28 of 35
RECEIVED & FILEO
CITY OF EAGLE
, '
It\ CAPITAL
L U DEVELOPMENT, Inc.
OCT 3 C 2CJ2
File:
Route to:
October 28, 2002
City of Eagle
Planning & Zoning
O. Box 1520
Eagle, Idaho 83616
Re: Public Hearing November 13, 2002
To Whom It May Concern:
Enclosed please find the Public Hearing Notice to which we would like to respond,
We feel strongly that the tall power poles will have a negative impact on our new Timberland
Estates Subdivision (a.a. Countryside West). We hope ther~ will be consideration for an
alternative location. If no alternative is found 'we would request, at a minimum, we be given the
opportunity to coordinate the placement of the tall power poles to help assure there will be no
conflict with the entrance road into Timberland Estates, which has been approved by the City of
Eagle.
Thank you for your time and consideration with notice of the public hearing.
Sincerely,
Y~.
. ,
Dave Yorgason
Vice President
Capital Development, Inc.
DYlkb
; ,
6200 North Meeker Place Boise, 'Idaho 83713
Office: (208) 377-3939 Fax: (208) 375-3271
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 29 of 35
- ,. ,
IVE&PS ~,
~y
LLP
LAW OFFICES
277 Nonh 6th Street. Suite 200
PO Box 2720, Boise. Idaho 83701
TELEPHONE: 208 388-1200
FACSIMILE: 208 388-1300
WEBSITE: www.givenspursley.com
Gary G. Allen
Christopher J.
Jessica M. Borup
William C. Cole
Michael C. Creamer
Jeffrey A. De Voe
Emily MacMaster Durkee
Thomas E. Dvorak
Roy Lewis Eiguren
Timothy P. Feamside
Jeffrey C. Fereday
Steven J. Hippler
Kan 1. Klein
Debora K Kristensen
Anne C. Kunkel
D. David Lorello, Jr.
Direct Dial: 208.388-1280
ddl(8jgivenspursley .com
October 10, 2002
VIa U.S. Mail
William Vaughn
City of Eagle, Planning & Zoning
310 E. State Street
O. Box 1520
Boise, ill 83616
Re:
Our File:
Eagle - Star Power Line Project - E~gle, Idaho
3906-137
Dear Mr. Vaughn:
RECEiVeD & FILeD
CITY OF EAGLE
OCT 11 2DO2
. avi or o. '-
Klmbeny D. Maloney
John M. Marshall
Kenneth R McClure
Kelly Greene McConnell
Cynthia A. Melillo
Christopher H. Meyer
Kendall L Miller
L. Edward Miller
Patrick J. Miller
Judson B. Montgomery
Angela K Nelson
Deborah E. Nelson
W. Hugh O'io an
trlYai' -;: Orr
ley
Bradley V. Sneed
Conley E. Ward
Roben B. White
Raymond D. Givens
James A. McClure
Stephanie C. Westermeier
Of COUNSEl
John A. Miller. LLM. ..
""'CONSULTANT
,--,,*- m 0- only"'"""""""""yon,
Enclosed please find your copy of a letter sent by Ed Miller, on behalf of the owner and
developer of Eagle River, LLC to Marc Patterson and Layne Dodson ofIdaho Power concerning
the proposed Eagle - Star Power Line Project.
I have also enclosed 10 additional copies of the letter. Could you please distribute these
copies to the members of the Eagle City Council and to the members of the Eagle City Planning
and Zoning Commission?
Please call if you have any questions.
;IY
D. David Lorello, Jr.
DDL:ec
Enclosures
S:\CLIENTS\3906\l37\2002-10-1O DDL Letter to Bill Vaughn.OOC
Exhibit NO.
Case No. IPC-04-
Sikes, IPCO
Page 30 of 35
. ,
RECEIVED & FILED
CITY OF EAGLE
. ',
GIVEi5:-P~SLEY LLP
""
J.-OCT 11 2002
File:
Route to:
LAW OFFICES
277 Nerth 6th Street. Suite 200
PO Bex 2720. Beise. Idahe 83701
TELEPHONE: 208 388.1200
FACSIMILE: 208 388-1300
WE8SITE: www.givenspursley.com
Gary G. Allen
ChnslOpher J. Beesen
JesSica M. Berup
Wilham C. Cole
MiChael C. Creamer
Jellrey A De Voe
Emily MacMaster Durkee '
Thomas E. Dverak
ROy LeWIs Eipuren
Timothy p, Feamside
Jeftrey C. Fereday
Steven J. Hippler
Karl T. Klein
Debora K. Kristensen
Anne C. Kunilel
David R. Lombardi
D. David Lorello, Jr.
Kimberly D. Maloney
John M, Marshall
Kenneth R. McClure ,
Kelly Greene McCenneil
Cynthia A Melille
Chris1Opher H. Meyer'
, Kendall L Miller
. L. Edward Miller
Patricil J. Miller
Judson B. Montgomery
Angela K. Nelson
Deberah E. Neisoo
L. EDWARD MILLER
DIRECT: 208-388-1209
EMAlL: LEM:Q1GIVENSrURSLEY.COM
October 10 2002
Via U.S. Mail Via U.S. Mail
Marc Patterson
Project Manager
Idaho Power Company
O. Box 70
Boise, ill 83707
Layne Dodson
Community Relations Rep
Idaho Power Company
O. Box 70
Boise, ill 83707
Matter:
Re:
File No.
GFP - Eagle Entitlement!kVline
Proposed Power Line Project
3906-137
Dear Mr. Patterson and Mr. Dodson:
MiChael C. Orr .
Kenneth L. Pursley
Bradley V. Sneed
Cenley E. Ward
Rebert B. White
Raymond D. Givens
James A. McClure
Stephanie C. Wes1ermeier
OF CO'-"'SEL
Jehn A, Miller, LL.M. ..
'AX CONSuLT ANT
"""'mChogononl"_m_"""
Our office represents Eagle JQver LLC, the o\\rner and developer of the Eagle JQver
project located on the southeast comer of Eagle Road and the Highway 44 Alternate Route.
Eagle JQver is located on the southern edge of dov.rntown Eagle and is located in the heart of the
city. The project is an 80-acre mixed use planned community, which has been in the planning,
design, and construction stages since the mid 1990s. The entire. northern boundary of the Eagle
JQver project, just short of one mile in length, abuts the Alternate Route. The Alternate Route
including the one-mile abutting Eagle JQver, is also Idaho Power s prefelTed route for its
proposed 5.5 mile, 138-kilovolt (kV) power line (the "Power Line ). The project infrastructure
including roads and extensive landscaping on the Alternate Route, have been completed. (A
copy of the CUlTent project master plan is attached.
You can imagine our client's shock and disappointment to recently learn that Idaho
Power has been studying and planning the Power Line for more than a year, yet Idaho Power
has failed to make any contact, solicit any comments, or provide Eagle River with any
Exhibit No.
Case No. IPC-O4-
Sikes, IPca
Page 31 of 35
. ,. '. '
Marc Patterson
Layne Dodson
October 10, 2002
Page 2
meaningful opportunity to be heard concerning the proposed Power Line. This is particularly
troubling since Eagle River is the owner of approximately 20% of the land on Idaho Power
preferred route for the proposed Power Line. It seems incredible that our client was:notprovided
with any notices , infonnation, or opportunity to be heard during Idaho Power s review and
planning process. Additionally, during the same period of time that Idaho Power was studying
arip planning the proposed Power Line, Idaho Power was accepting in excess of $100 000 from
Eagle River to bury another power line on Eagle Road for aestbetic and safety reasons! Burying
the smaller transmission line on Eagle Road will be of little value if the massive l38kV line isconstructed on the Alternate Route.
As you know from your recent meeting with Mr. Chuck Carlise, one or 1l?e Eagle River
owners, and Mr. Bill Clark, the project development consultant, Eagle River is adamantly
opposed to the location of tbe proposed Power Line along the Alternate Route. The proposed
Power Line with its towers of 70 to 85 feet in beight will have a ,,gevastating and tangible
negative impact, economically and aestbetically, on the Eagle River project, not to mention the
balance of do"V.rntown Eagle. The location of the proposed Power Line along the route, other
than as an underground facility, will result in significant devaluation and damage to Eagle River.
In addition to tbe economic damage, wtlich will be significant, the proposed Power Line
would significantly compromise, if not obliterate, the ~bousands of bours spent by the
development team, the City of Eagle Planning and Zoning staff and commission, and the Eagle
City Council on the conception, design, planning, development and construction of the Eagle
River project and its many uses, which include a public park, a riv~rfront botel, and a major
health care facility to be developed by Saint Alphonsus Regional Medical Center.
Please understand that our client objects to and will vigorously oppose any effort to have
an above ground, high voltage power line adjacent to Eagle River. Our client's opposition is not
just based on the significant adverse economic impact that the proposed Power Line will have on
the project. The proposed Power Line will compromise the entire aesthetics of the project and
downto"V.rn Eagle. Any such line running through the beart of Eagle is not in keeping with the
many goals and objectives tbat went into the planning and development of tbe Eagle River
project nor is it in keeping witb the vision, as expressed to client during the planning process for
Eagle River, beld by tbe leadership and citizens for downtown Eagle.
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 320f 35
. .
-II . oI .. Marc Patterson
Layne Dodson
October 10, 2002
Page 3
Thank you for taking the time to meet with Mr. Clark and Mr. Carlise recently. It is very
unfortunate that the planning effort for the proposed Power Line has proceeded so far without
input ITom our client. If you believe it would be helpful, our clients would be happy to talk with
you further about your proposed facilities. Our client remains committed to working with Idaho
Power and the City of Eagle to arrive at a solution that will not result in the evisceration of the
Eagle River project and downtown Eagle.
LEM:ec
Enclosurecc: Chuck Carlise, Sf. (via US. Mail)
Bill Clark (via U S. Mail)
Ennis Dale (via U.S. Mail)
William Vaughn, Zoning Administrator (via US. Mail)
Eagle City Council (via US. Mail)
Eagle City Planning & Zoning Commission (via U.S. Mail)
Susan Buxton, Eagle City Attorney (via US. Mail)
S:\CLIENTS\3906"\137\2nd LettcT inCOlJ'Orating Chuck.Bill Comm"'ts.DOC
Exhibit No.
Case No. IPC-O4-
Sikes, IPca
Page 33 of 35
. .~ .,. ., .
f')
3::
c.:1
( I f(qi
I I r ~
r , ' , I ~ 1NC
E J J J I
!......-:~:.=- ,
Exhibit No.
Case No. IPC-O4-
Sikes, IPca
Page 34 of 35
...,.,
Thomas G. Dater, CLU
Business and Personal Insurance
, ~
One Capital Center, Suite 1010
999 Main Street, Drawer N
Boise, ID 83702
Bus. 208 343-4648 Fax 208 342-4136 '
..,
:-RE"C'2,T ~r:.:,j- i fiLED
, CITY OF EAGLE
f"'- \l 8 Gfi2U~I
City of Eagle
O. Box 1520
Eagle, Idaho 83616
File:
Roete \0'
2...-
October 7, 2002
Re:Legal Notice to Property Owners dated October 2nd
Subject Location: CU-02 Sub-Transmission Line - Idaho Power
Gentlemen
I received your public notice concerning Idaho Power and placing of utility
poles from the Star, Substation along Hwy 44 to Edgewood Lane. It would be my
recommendation that the line be buried as ,opposed to ugly telephone poles. I know
you require all developers to bury their transmission lines, so why shouldn t Idaho
Power be under the same restriction in order to enhance the visualization of the
Eagle area.
My recommendation is to approve the transmission line, but to require that itbe buri~.
Sincerely,
Thomas G. Dater, CLU
TGD:nnw
Exhibit No.
Case No. IPC-O4-
Sikes, IPca
Page 35 of 35
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~EFORE THE EAGLE CITY COUNCIL
IN THE MATTER,OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT TO CONSTRUCT A
138kV SUB-TRANSMISSION LINE AND A HEIGHT
EXCEPTION REQUEST TO CONSTRUCT UTILITY
POLES IN EXCESS OF 35-FEET FOR IDAHO POWER
, )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-
The above-entitled conditional use pennit application came before the Eagle City Council for their action
on October 14, 2003, at which time the public hearing was closed and the item was then continued to
October 28, 2003. At that time, the Council remanded this item to staff with direction to schedule a new
public hearing to consider additional routing options. A second public hearing was held March 23, 2004,
at which time the publiC hearing was closed and 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:
PROJECT SUMMARY:
Idaho Power, represented by Layne Dodson, is requesting conditional use approval to
construct a 138kV sub-transmission line, and a height exception request to construct utility
poles with heights ranging from approximately 70 to 85-feet, (35 to 50-feet higher then the
required maximum of 35-feet).
The fiTst proposal for routing the new sub-transmission line would connect with the
existing 138kV power line near the intersection of Edgewood and State Street. Thenew
line would proceed west along State Highway 44 to Ballantyne Road, where the line
would be constructed along the same route as the existing power lines that parallel the
highway, to the new Star, Idaho, substation site.
The second proposal for routing the new sub-transmission line would travel within the
existing right-of-way from the Eagle Substation (located on the south side of State Street
approximately 3oo-feet east of 2nd Street) north to the alleyway north of State Street and
then west through the alley to a point approximately 300-feet west of Park Road (Jackson
Square). The line would then extend south and connect to State Street and continue west
along State Street to Ballantyne Road and follow along the same route as the existing
power lines that parallel the highway, to the new Star, Idaho, substation site.
APPUCA TION SUBMITTAL:
The application for this item was received by the City of Eagle on September 9, 2002.
NOTICE OF PUBUC 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 October 8, 2002, October 29, 2002, and again on
June 24, 2003. Notice of this public hearing was mailed to property owners within three-
hundred feet (JOO-feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on October 2, 2002, October 23,
Page 1 of 13
K:\J'\annina DcpcIEagk AppIica1io,,\CU\2002'aJ-09-02 cd.doc Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 1 of 13
D. '
2002, and again on June 18, 2003. Requests for agencies' reviews were transmitted on
September 17, 2002, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on September 9, 2003 and March 2, 2004. 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 September 2, 2003, and March 3, 2004.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 23, 1996, the Eagle City Council approved a conditional use permit for
capacity upgrades to the Eagle Substation located ar315 E. State Street.
On February 20 2001, the Eagle Planning and Zoning Commission recommend denial of
CU-23-OO for a conditional use permit by Idaho Power Company for a height exception
request and the reconstruction, upgrade, and re-routing of an existing 69kV power line to
accommodate a 138kV sub-transmission line and placement of existing distribution lines
underground, generally extending from the Eagle Substation on State Street west to
Ballantyne Road. The item was not heard by the City Council"as the applicant withdrew
the application following the Planning and Zoning Commiss~on hearing.
COMPANlON APPLICATIONS: None
Page 2 of 13
K:\P"""" Dcpc\EIcIo AppIicaDo..'CU\2OO2'CU~ a:f.doc Exhibit No.
Case No. IPC-04-
Sikes, IPCO
Page 2 of 13
COMPREHENSIVE PLl\N LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Business Park / Central A (Agriculture) / A-Businesses /
Business District /(Agricultural-Residential) /Residencesff ransmission
Commercial/ Mixed Use BP (Business Park) / C-Power Line
/ Public/Semi-Public /(Highway Business DistrIct)
Residential One (1- unit / CBD (Central Business
per acre max.
) /
DistricO / MU (Mixed Use)
Residential Two (2-units I (Residential) R-
per acre max.
) /
(Residential) / R-4
Residential Four (4-units (Residential)
per acre max.
Proposed No Change No Change Transmission Power Line
North of site Omlinercial / Central A (Agriculture) / A-Businesses /
Business District /(Agricultural-Residential) /Residencesff ran smission
Residential One (I-unit CBD (Central Business Power Line
per acre max.
) /
District) / R-I (Residential) /
Residential Two (2-units 2 (Residential) / R-4
per acre max.) Residential (Residential)
Four (4-units per acre
max.Residential Two
(2-units per acre max.
) /
Mixed Use
South of site Commercial/ Central A (Agriculture) / A-Businesses /
Business District /(Agricultural-Residential) /Residencesff ran smission
Public/Semi-Public /l (Neighborhood Business Power Line
Mixed Use / Residential District) / CBD (Central
Four (4-units per acre Business District) / PS
max.) / Residential Two (public/Semi-Public) / R-
(2-units per acre max.(Residential) / R-
(Residential) / R-4
(Residential)
East of site Business Park / Mixed BP (Business Park) / C-Businesses /
Use / Residential Four (4-(General Business District) /Residencesff ran snllSsi on
units per acre max.MU (Mixed Use) / R-4 Power Line
(Residential)
West of site Mixed Use / Public/Semi-A (Agriculture) / A-Businesses /
Public / Residential One (Agricultural-Residential) /R esidencesff ran snu ssi
(1- unit per acre max.
) /
MU (Mixed Use) / R-Power Line
Residential Two (2-units (Residential) R-
per acre max.
) /
(Residential) / R-4
Residential Four (4-units (Residential)
per acre max.
Page 3 of 13
K:1PIanniDg DcpIIEasIe ApplicalKJ...\CU\2002\CU-OO-02 oct.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 3 of 13
DESIGN REVIEW OVERLA Y DISTRICT:
The existing and proposed lines are located within the DDA (Downtown Development
Area), CEDA (Community Entry Development Area), and the IDA (Transitional
Development Area) as well as the City s designated Entry Corridor.
EXISTING SITE CHARACTERISTICS:
The existing power line is within easements and or public rights-of-way: that extend
through both residential and commercial areas of the City.
SITE DESIGN INFORMATION: N/a
GENERAL SITE DESIGN PEA TURES:
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 to 85-feet (maximum) through the corridor.
Gross Floor Area of Proposed Buildings: N/a
On and Off-Site Circulation:
Other than the existing Eagle SuQstation, which has a maintenance access, the power line
easement abuts public rights-of-way and no other public access is proposed.
PUBLIC SERVICES A V AILABLE:
CentraliDistrict Health Depanment and Eagle Fire Department have provided preliminary
approval letters. Letters from water and sewer entities, as weB as other affected utilities,
are required prior to the issuance of any permits.
PUBLIC USES PROPOSED: None
PUBLIC USES SHOWN ON FUTURE ACQillSmONS MAP: No map cuITently exists
SPECIAL ON-SITE PEA TURES:
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
Page 4 of 13
K:1J'Iam!ioi DepI\E.agIe App&;aIicDl'CU\2002\CU-09-02 cd.doc
Exhibit No.
Case No. IPC-04-
Sikes, IPCO
Page 4 of 13
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An Environmentu Assessment Plan has been prepared and submitted to the City Engineer
for review. The Environmental Assessment Plan is incorporated herein by reference.
AGENCY RESPONSES:
The following agencies have responded and their coITespondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
LETTERS FROM THE PUBLIC:
Letter from Thomas Dater, 999 Main Street, Boise, ill 83702 date stamped by the City on
October 8, 2002.
Letter from Givens-Pursley LLP 277 N. 61h Street" Suite 200 Boise, ill 83701 date
stamped by the City on October 11, 2002.
Letter from Capital Development, Inc., 6200 N. Meeker Place, Boise, ill 83713 date
stamped by the City on October 30, 2002.
All letters are incorporated herein by reference.
EAGLE CITY CODE 8-2 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:
Will, in fact, constitute a conditional use as established in Section 8-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
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);
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;
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.
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;
Page 5 of 13
K:1I'IanniDI Dcp\Eas1e AppIicaUoDJ\CU\2002'CU-09-02 ccf.doc:
Exhibit No.
Case No. IPC-04-
Sikes, IPCO
Page 5 of 13
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;
Will have vehicular approaches to . the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
Will ~ot result in the destruction, loss or damage of a natural, .scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF. SPECIAL (,:ONCERN
REGARDING TIllS PROPOSAL:
Chapter 4 Schools, Public Services and Utilities
Other Services and Utilities
Electricity
Appropriate placement of electric utility facilities on public rights-of-way is
encouraged. Public stree~ and road rights-of-way typically serve as corridors for
electric facilities. Transmission lines are usually located on easements that IPC
(Idaho Power Company) acrquires from private, property owners. The joint use of
, !utility corridors is also encouraged, provided that such joint use is consistent with
limitations as may be prescribed by applicable law and prudent utility practice for
existing and proposed utility facilities.
Additions and improvements to electric utility facilities that enhance the capacity
and reliability of regional resources, particularly when multi-jurisdictional benefits
within the region can be achieved, should be accommodated.
Implementation Strategies
Recognize the need for electric utility facilities that are sufficient to
support economic development.
Encourage Idaho Power to make additions to and improvements of
electric utility facilities that provide adequate capacity for projected
growth.
Chapter 7 Natural Resources and Hazard Areas
Hazard Areas
The Dry Creek floodplain has a potential for flash flooding...
Page 6 of 13
K:\I'1.umiDa Dept\E8gk AppIicatio...'CU\2OO2\CU-00-02 cd.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 6 of 13
Chapter 12
Chapter Special ,~reas and Sites
11.2,Recognized Special Areas and Sites
The Dry Creek Floodplain is designated as a special area due to its ecological and
scenic significance. This area comprises the length of the Dry Creek Floodplain
through the Impact Area.
The State Street/Eagle Road Corridor is des-igi1ated as a Special area due to its
historical, architectural and scenic significance.
Community Design
12.Entry Corridors
'Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways include State Highways 44 (State Street and Alternate
Route) and 55 (Eagle Road). These entrances with their landscaping (or lack
thereof); commercial signage and building character provide the fITSt, and
oftentimes the most lasting impressions of the entire community. The City of
Eagle has the responsibility to guide development and redevelopment that occurs
along these entryway corridors.
Design review procedures should guide future development and redevelopment of
existing uses. Depending on land uses and buildings, more extensive landscaping
and fewer points of access may be required. The design review process will
afford the opportunity to address the special features of each property and facility
in a manner that will best address the overall intent of enhancing Eagle
entryways. Eagle s entrance corridors may take on the look of berms built
adjacent to the Banbury and Lexington Hills Subdivisions.
ZONING ORDINANCE PROVISIONS WHICH. ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Section 8-2A-6 (A)(7)(a)
Additional Height Restrictions: All spires, poles, antennas, steeples, towers, and any other
such sb11ctures shall be limited to a maximum of thirty-five feet (35'). Additional height
may be pennitted if a conditional use permit is approved by the City Council.
Section 8-2A-7 (J)(2)(c) & (3)
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with
any commercial or industrial activity, and off-street loading when adjacent to or in view
from a residential activity or public street right of way, a five foot (5') wide by six foot (6'
high landscaped buffer is required.
3. Materials:
a. An buffer areas shall be comprised of, but not limited to, a mix of evergreen and
deciduous trees, shrubs, and groundcover in which evergreen plant materials comprise a
minimum of sixty percent (60%) of the total plant material used.
b. Height requirements shall be accomplished with plant material with a fence or
decorative wall.
Page 7 of 13
K:1I'Iounin8 Dcpt\Eaglc AppIicatioos\CU\2002\CU-m-m cd.doc
Exhibit No.
Case No. IPC-04-
Sikes, IPCO
Page 7 of 13
c. The required buffer area shall result in an effective banier within three (3) years and be
maintained such that sixty percent (60%) or more of the vertical surface is closed and
prevents the passage of vision through it.
d. Chainlink fencing, with slats or otherwise, is prohibited for screening.
Section 8-5 (D): Conditions Of Pennit
Upon the granting of a conditional use pennit, conditions may be attached to said pennit
including, but not limited to, those:
, I. Minimizing adverse impact on other development; ,
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained ,properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off~site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
DISCUSSION:
In February of 200 1, the Eagle Planning and Zoning Commission "recommended denial of a
conditional use pennit application proposed by Idaho Power to install a 138kV line that would
travel, in part, from the Eagle Sub-station through the downtown area along State Street and
on to State Highway 44 near Ballantyne Road. Idaho Power withdrew the appHcation prior to
a public hearing before the City Council.
Subsequently, in March of 2002, Idaho power held an infonniltionaI open house to infonn and
garner comment from the public qmcerning the iou~ing of a proposed 138-kV sub-
transmission line. 35% of the questionnaires returned to'idaho Power suggested that the best
route would be to utilize a state highway corridor. Through the responses received at the open
house, as well as from nominations from the Eagle City Council and Star City Council, a
group of volunteers was assembled to fonn a Community Advisory Committee (CAC).
Through both subjective and objective approaches, the CAC detennined that the most
appropriate routing of a new 138-kV sub-transmission line (out of a total of ten options) would
extend from the existing 138-kV sub-transmission line near the intersection, of Edgewood
Lane and State Highway 44 and travel east along the bypass route to connect to the existing
line near the intersection of Ballantyne Road and State Street. The, factors involved (as well as
the methods used) in detennining the route are detailed within the July 2002, Routing Study
entitled "Eagle-Star 138-kV Sub-Transmission Project , attached to this report in booklet
fonn.
It should be noted that it has not yet been determined which side of the bypass the line will
traverse; this item is left to be determined from comments received at the public hearings as
well as the detennination of the Eagle Planning and Zoning Commission and the Eagle City
Council.
With regard to placing the sub-transmission line(s) underground, the CAC felt that while this
scenario would be most favorable, the committee did not feel "empowered to make a
recommendation to IPC that might obligate the citizens of Eagle to higher power rates , due to
the costs of installation, and maintenance of, an underground line. Staff will defer discussion
regarding this matter to the Eagle Planning and Zoning Commission and the Eagle City,
Council.
Page 8 of 13
K:1I'Iam1ios DeplIEogIo AppIioaWDS'CU\2002\CU-09-m cd.doc
Exhibit No.
Case No. IPC-04-
Sikes, IPCO
Page 8 of 13
It is staff s understaDding that the existing Eagle Substation (located on the south side of State
Street approximately 350-feet east of 2nd Street) will not require modifications andlor upgrades
to accommodate the extension of the 138-kV line. ' The Eagle Substation (located within the
downtown Central Business District) was previously determiried by the City Council as being
located in an area that is not suitable as a long-tenD site (as noted within the meeting minutes
for the original conditional use pennit) and that future changes/upgrades may require moving
the substation out of the downtown. With the extension of the existing sub-transmission line,
which may also eventually become an alternative power source to the' Eagle Substation, it
would appear that Idaho Power s long-tenD facility planning efforts include keeping the
substation in its current location.
If the City Council detennines that the substation may r~main in its current location, then staff
recommends that the existing chain link fence with slats surrounding the facility be removed
since it does not comply with ECC minimum screening requirements. A new screening
method such as a minimum 8-foot high decorative block (split face CMU) wall and additional
landscaping should be installed around the perimeter of the substation. Design Review Board
review and approval of the screen wall and landscaping should be required prior to the
issuance of any zoning pennits.
The new power line may travel through an area designated as a "Hazard Area ; specifically the
Dry Creek floodplainlfloodway. This portion of the floodway is located on state Highway 44
in approximate alignment with Riverview Street to the north. ,Eagle City Code Section 10-
(A) requires that any development that could possibly increase or alter the flood hazard shall
obtain a development pennit prior to any construction occurring within the special flood
hazard area. A flood plain development permit may be issued if documentation prepared by a
registered professional engineer is submitted with an application to the City and approved by
the City Engineer and the Building OfficiaVFloodplain Administrator. The applicant should
be required to obtain a floodplain development pennit if any new poles are to be placed within
a floodplainlfloodway, prior to the City issuance of a Zoning Certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the City Council approves the transmission line facility as proposed by Idaho Power, then based
upon the infonnation provided to staff to date, staff recommends the site specific conditions of
approval and the standard conditions of approval as outlined 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 October
28, 2002, and continued to November 13, 2002, at which time testimony was taken and the public
hearing was continued to a date uncertain. The public hearing was noticed for a meeting held on July
15, 2003, at which time testimony was taken and the public hearing was closed for oral testimony.
The Commission continued the public hearing for written testimony to August 11,2003, at which time
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 thirty-one (31) individuals with concerns regarding the rural feel that residents have moved to the
City to enjoy would be lost if overhead lines were constructed; the utility poles would detract from the
scenic views of the City; willingness (and also lack thereot) of citizens to pay for the cost of under
grounding the sub-transmission line; the need for Idaho Power to take resident s concerns under
consideration when designing utility lines; the resultant decrease in property values from overhead
Page 9 of 13
K:1I'laoninB Dept\Eagle App\icasiooslCU\2002\CU-09-02 a:f.doc:
Exhibit No.
Case No. IPC-O4-
Sikes, IPca
Page 9 of 13
lines; the risks of electricity 'on health and effects of emissions from the power lines; actual costs for
both underground and overhead construction; and the need for the City leaders to act as stewards to
maintain the reputation the City has acquired as an upscale community. (NOTE: While fifty-two (52)
individuals signed the public hearing sign-in sheet, not all chose to provide testimony.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
(2) individuals (not including the applicant/representative) who felt that the, proposed route and
overhead construction was the most cost effective and least intrusive (to residential uses) means to
construct the sub-transmission line.
D. Written testimony in opposition to this proposal was, presented to the Planning and Zoning
Commission by one (1) individual with concerns regarding the lack of communication between Idaho
Power and the Public Utilities Commission to consider power line routing and construction options,
and that this individual has had contact with a staff member at the PUC who is willing to meet with
interested property owners to exanllne the issue.
E. A report prepared by the consulting fmn Black & Veatch, contracted by the City to perform a study
regarding the feasibility ?f under-grounding the line, and routing , alternatives, was submitted to the
Planning and Zoning Commission for their consideration and is incorporated herein by reference.
COMMISSION DECISION:
The Commission voted 4 to I (Deckers against) to recommend denial of the conditional use pennit
(CU-02) to construct an overhead 138 kV sub-transmission line and a height exception for utility
poles for Idaho Power Company. The underground installation of the sub-transmission line from
the Eagle substation to the western boundary of the Eagle City limits may be taken under
consideration as an alternative method, as noted within their Findings of Fact and Conclusions of
Law document, dated September 2, 2003. '
PUBLIC HEARING OF THE COUNCIL ON OCTOBER 14,2003:
A. A public hearing on the application was held before the City Council on October 14, 2003, at which
time testimony was taken and the public hearing was closed. The item was continued to October 28,
2003, for a decision to be detennined at that date.
B. Oral testimony in opposition to this proposal was presented to the City Council by six (6) individuals
who felt that the State Highway 44 bypass is a prominent entry corridor into the City and that because
tall landscaping is not pennitted within easements for power lines, there will never be any type
camouflage to soften the visual impact of the lines; the new line should be constructed along the
existing right-of-way (State Street), the City should maintain the design standards and character it has
established and pursue underground construction of the lines, with either franchise fees, surcharges, or
a local improvement district to pay for the cost; the decrease in property values caused by the location
of the poles and line; the need for Idaho Power to show the entire power planning area rather than this
small area in order to see the "big picture ; the importance of following the standards outlined in Eagle
City Code regarding tower height as well as heeding the goals and objectives of the comprehensive
plan; the Public Utilities Commission should be requested to require under grounding of all power
lines; and there is a need to review other routs and design schemes for the poles and line.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/represen tati ve).
Page 10 of 13
K:\PIoooiDs DepI\Ea81o AppIicaIionI\CU\2OO2'Cl1-09-m cd.doc
Exhibit No.
Case No. IPC-04-
Sikes, IPca
Page 10 of 13
COUNCIL DECISION:
The Council voted 3 to 1 (Sedlacek absent) to remand this conditional use permit application to
staff to notice for a new public hearing to review alternate routes, pole structure designs, and the
possibility of constructing the line underground.
A public hearing was scheduled for March 23, 2004, to consider the following described route to
construct a 138kV sub-transmission line with poles ranging in height from approximately 70 to 90-
feet, (35 to 55-feet higher then the required maximum of 35-feet):
The proposed routing of the sub-transmission line will travel within existing right-of-way from the
Eagle Substation (located on the south side of State Street approximately 300-feet east of 2nd
Street) north to the alleyway north of State Street and then west through the alley to a point
approximately 300-feet west of Park Road (Jackson Square). The line will extend south and
connect to State Street and continue west along State Street to Ballantyne Road, where the line will
follow along the same route as the existing power lines that parallel the highway, to the new Star,
Idaho, substation site.
PUBLIC HEARING OF THE COUNCIL ON MARCH 23, 2004:
A. A public hearing on the application was held before the City Council on March 23, 2004, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
Oral testimony in opposition to this proposal was presented to the City Council by thirteen (13)
individuals who felt the city should require that the lines be constructed ' underground; the attractive
character and appearance of the city would be ,maTTed, along with a decrease in property values by the
construction of large power poles; the City of Eagle should not bear the burden to provide power
service to the city of Star; and the City should require Idaho Power to adhere to ordinances requiring
developers to install utilities underground.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative ).
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the City Council
by three (3) individuals with questions regarding the replacement and height of the poles, the
availability of existing and future right-of-way for the lines; and consideration was given (during the
Community Advisory Committee meetings) to route the line along the bypass to lessen the impact on
residential uses.
E. Written testimony in opposition to this proposal was presented to the City Council by six (6)
individuals who felt the city should represent the needs of the residents before the desires of
commercial developers, under grounding of the lines can be paid for through franchise fees; the need
to protect views near the Eagle Island State Park; the line should travel through less developed areas
rather than established neighborhoods; the decrease in property values due to the construction of power
poles and lines; and the issue of "stray voltage" and its impacts on health.
F. A petition in opposition to this proposal was presented to the City Council signed by one hundred
fifty-four (154) individuals.
Page 11 of 13
K:\p1annios ikpIlEqle Applica1ions\CU\2002'CU-09.m ccf.doc
Exhibit No.
Case No. IPC-04-
Sikes, IPCO
Page 11 of 13
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on Septtfmber 9, 2002.
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 October 8, 2002, October 29, 2002, and again on June 24, 2003. ,Notice of this public
hearing was mailed to property owners within tbTee-hundredfeet ,(3.oo-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65 , Idaho Code and Eagle City Code on October
2, 2002, October 23, 2002, and again on June 18, 2003. Requests for agencies' reviews were
transmitted on September 17, 2002, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on September 9,
2003 and March 2, 2004. 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 September 2, 2003, and March 3, 2004.
. "
3. The City Council has reviewed thepanicular facts and circumstances of this proposed conditional use and
has made the following conclusion:
The proposed conditional use for the construction of an overhead sub-transmission line and height
exception for utility poles to exceed the maximum of 35-feet is not in accordance with the general
objectives of the Comprehensive Plan nor Eagle City Code Title 8. While statements within the
Comprehensive Plan encourage Idaho Power to improve electric utility facilities to provide adequate
capacity and service for growth, the design and construction of an overhead sub-transmission line
conflicts with the City s goal to "protect importallt views, vistas, and panoramas of the community's
natural setting and environment" (Chapter 9. Section 9.2 f). The overhead line also conflicts with
the city s goal to "Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City" (Chapter 12 , Section 12.2)
The requirement for those who develop properties within the City to place utilities serving said
development underground should be applied equaUy to Idaho Power service projects. Pursuant to the
approval of a conditional use pennit, it must be found that the proposed use wiH 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 wiH not change the essential
character of the same area. Further, the proposed use is to not result in the destruction, loss or damage
of a natural, scenic or historic feature of major importance. The installation of new poles wiH alter the
natural setting of the area since power poles are not typical features expected to be found in a natural
environs. The historical character and appeal of the downtown wiH be further diminished since the
power poles are not proposed to be designed with features that are harmonious with the existing styles
of the downtown area (as shown within the City s adopted Eagle Architecture and Site Design book),
nor do they contribute to a pleasing environment for both residents and visitors alike. Moreover, the
extension of existing poles will contribute to the obstruction of scenic views of both the tree canopy
along the Boise River as we)) as the foothil1s north of the City, depending upon the viewing vantage
point. The Council emphasized that to vary from the community s vision of the intended character of
the City, consisting of both present and future development, and to change the practices and objectives
to achieve this goal, in order to accommodate the overhead power line, would be detrimental to
persons, property and the general welfare of the City of Eagle.
Page 12 of 13
K;\P1onIJiq J)qx1E"!!1o Applica1ions'CU\2002'CU.oo-02 cd.doc
Exhibit No.
Case No. IPC-O4-
Sikes , IPCO
Page 12 of 13
DATED-this 27th day of April 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Nancy C. Merrill, Mayor
A TrEST:
Sharon K. Moore, Eagle City Clerk
Page 13 of 13
K:\PIIamioa Dep\bile AppIiaoWmlCUl2002\CU-09-m cd.doc
Exhibit No.
Case No. IPC-O4-
Sikes, IPCO
Page 13 of 13