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HomeMy WebLinkAbout20040503Sikes Direct.pdfDc('r:Y~D ill(\;....v\... ~ FiLED 2fin~ APR 30 PM 4: 5' ) i , \ . l~. r' '-.:SIONU\\lllt.;) \., ;\10 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. C/:uc:~~~. :~:o ;~~r:g d :~~::i ;;e~~~~~ti ~~~i ~:;~;d~~e ::;~e:~~lt ~:e~a ~::e ~~ :~~ 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 ~~~ oooICUf3-OO1tf l.doc f'":."~ B/f:jJ !.,j ~ -1-'-1'" --- )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 - u - - - - - - -- - - _- - -- - A . c- - ~ ') ~ / - / ~ = /~ 1 \ r- 1 W "' = /~ 1 t \) # QI I - ~! - = :- T " tlY A i i : f '- 11 7 I- ~ I ' \ I I- f- 1- : : : : = f- - - L f- J- . - . ( \ \ ) ' 2 - - - - - - II r- - - - I- I - - - - h. - r r 1 , "- - - - . / "Y ' ( - - - - I :- I 1 1 I- ~ \J J I 1 ll i l l /i ; i ; - rr - -- - ' - - - -- - I ~ f-J =\I l l i L '- I t : : -- t - "" " " " ~ --- - 1 1 ff ,- H J '- J . -- , It) 2 = ~I I" - . . . '- - I - " " \ L ' - - - - - - - - - "- - - - "" " ik J J ' ~- y/ -- - - - - - 1 if ~~ p- - - j =i JQl T /' - - - . . - -'- - - - L. . . . ~ '- . . . . . . ~ - -- . .- - -U ( J ) C l t\ ) - ' t \ ) - co " en : : r eo m eo i s ' .. . . . - - z ; : : : ; : Ct J - u o z 0 ( ) ' 0 ~ 0 =u : . . . . . Q) 0 ." , . ." , . Ci t y o f E a g l e . - Pr o p o s e d Po w e r l i n e R e - C o n f i g u r a t i o n ;y - ; BH H I- - - I- - - ,- - - t- - --- Le g e n d ,. / Pr o p o s e d U n d e r g r o u n d D t s I r i b u t l o n Pr o p o s e d 1 3 8 k V Pr o p o s e d 1 3 8 k V (w l 2 c t r c u R s 0 1 u n d e r b u I l d ) /" - J Pa r c e l o r s e c t i o n la n d b o u n d a r y A. / Re c o r d 0 1 s u r v e y Rl g h l - o l - w a y Su b d i v i s i o n b o u n d a r y . ' - St r e e l c e n t e r l i n e / - Pe r e n n t a i s t r e B m o r c a n a l /' In t e r m l t t e n 1 s t r e a m Bo I s e R i v e r C= = : J Su b s l a t l o n - - ~N - 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 - -' .9~.v cJ. 3 Cioo/ .- -\.... " J Exhibit No. Case No. IPC-O4-/J A ~- "111 ~ Sikes IPCORf./,p%/V / / l/l (1 " Page 25 of 26 fie- c (.(- CJ,;~tJcJ- "?d J;;~~. .) ~~ ~ j:J~~~~..4u~ru! ~, ~~ ~ ~ ,.w..d/' --ao ~ . .!;::;;;: ~~ ~~ ~dv 4~~ F. fJM f~ ~~~j:~Y "--1 ~ J .&- ~-?/,!W ,01~ ' ~ ~(;Jf~/(j(v4. # JJ-H4! o./Y~.v '-'" -d, /~. ~-;t, ~/ -" a4-r "V-- 1l c1l),,:.T ..::t:I1b fJ~H/ J ~ u..u ..#. . ~ cfLt/--f :;t,I,b/v ~_-v. 1fv~4/U , t#v 6-Ji If :f-:,~ .dvJ'7~u ~J .!J IT/'; ~;v y-~ du ~) u-tf !d ?:-~. ct'. ~~ J-if ~ ~ ~ c&L ;- ~~ ~AJJ ~4 ~/J ~tf' /~p ~~~~ ~ ~-- ':PJ~'1t (f)-0-rt..V.iJ ..2cf~p~.vW &-r/ ~.k-n/ A/-??V~ ~~ ~ ~~ v1A~ .b-r~ ~.;-rC~ .:;;t H.':v ..0 O-r.ru../~" --27 --4/ '--(oV~ ~yv~o~~JlePJA 'f.L!l-v.N.Lz-, ~,ff- ~ % .4b -.J .; -/T If ft 't ...II- d#.41/. LaJ/ ~ ':; . ~.. ...1-V ~ ~ "1 ub d'-r.A-.rl d a.r/~~-40 j; fI; g /J ~ ff ..LtzulL .-I ~ ~~ . z;- zU., -m ('J~ 'Jf#...u, ~-::~~~ ~~ (!/~4UJ/~ .:2,!~ yJ..dJNdC;r~/' ~j: c4.V ~~ vtVJA/-'" -rhU ~4U cfJ Exhibit No. Case No. IPC-Q4- Sikes, IPCO Page 26 of 26 ;: ; . w J ( .. - - - b 7" /. I / /- . I II I : : : : : = - I I I I -: l ~ f - ' '\. Tl \ 7 L: : : =r d': -. J 11 . , In M - ' \ ,l .J ; ( : J -). . . 1 /J \ = U : " . 1- f- - ~\ ~ - - I' r.. . f II . . J l \ ~~ ~ ' \ . 1: i : i l C ? r --- 1 I- ~ IE l E ! : : ~ ': 1 I- - 1 I' " - ~ ' \- , LJ . . - TF Jd D . LH ": l ~ lL I \ l r- - , 1# 6 I - I- - ' ~ - 0 f S \ " ' I ;jJ 2' ; If l H - b ~~ c ~ ~ " l g h 1 - !: : : ~ V- - ( ~ ~ ~' 'n i- . - Id . / , : '1 ' ~ t ' \ u J r " ,- - - - ' - :i l l l ,; j , ff i - ' \ . I l - ~ Q . 0 I; .1 r- - - \ j c: - ' : J . IL I I "\ f 1- : v 1 E l\ 0 - T- " .L : '- ' - ' - - j L I - ' 1 \ \ 1 h, " " '0 - ~ .. . 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I ' ~ II tE l q~ \ I ' t - ~ n " :; ~ h i r ~ e r BI \ d Ii rt ; r ~ :r : =- +u w ~ ~ h" l - ~ :r - =r l - - - ~ ~ ~ - p) : f J J h h - \ - ~T T ~ E '" = : : I l W ' i l I , " " L l . L r i ..L I:':; i ., " i f ! " , ,~ , 1 ! . i1 J , I- - r - I L e g e n d ' . F u t u r e S t a t i o n s . sh p (P C S t a t i o n s . sh p Ea g l e - s t a r l i n e o p t l o n s , sh p jl ~ ,' f / ~ 6 . ' :s s i o n . sh P 13 8 . 0Ra i l r o a d s /V / R o a d s Wa t e r w a y s DA d a P a r c e l s . sh p +- 'c. . (' I ) s. . . . +- ' (j ) +- '0" ) . ," - 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 . - , St u d y Ar e a l Be a c o n L i g h t R o a d -g I "0 r I / t: r - I ) ~ o ~t e t o : \ I ~ (I ~ q y " - fi j i T -g ~~ fJ ". , . ' ' -: ~ ' f 1 Q , t ; 9 :; ). " f / ~ e: : : ~j ~ ;: r~ ~ ;# i ~ ~ :I ~ ;~ f o ': ~ 0 ~ ~~ tf : r H \ t ~ , ~~ " ' ~ " . ' " ; e ! 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" " .. . - c : - Lin e ~- . . . . . . . : . ~ / " ' 1\ \-. . . . : !. r / I - - - "' " - - ; . . . : . ", \. VL J ~ ~ ~ y - 9 .. . . . . . ~. . . . . . -- - " - "" " ' " ' " 1- - ' " ~ \ I T Pr e f e r r e d R o u t e -- - - - hi n d s " B l v d J . . : : - ' 1 r- r: " s- . - ~~ II I I .t - - SE P 0 I :- 1 fP r : E a g l e - st a r Su b - Tr a n s m i s s i o n L i n e 13 8 k V P re p o s e d L i St u d y A r e a Ex i s t i n g 13 8 k V L i n e .. . Pr e f e r r e d R o u t e ., S u b s t a t i o n KE Y , . , . RE C E I V E D & F I L E D CI T Y O F E A G L E SE P 0 9 2~ O 2 Fi l e : Ro u t e t o : .q - .q - L() C" ) C" ) Q. - 0- : 0 0 OQ . L ( ) .. . . . . :Q Q ) en i: C I ) ~ O ) co . - c o ll J ( ) ( / ) Q . " . 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 LI : : 1 I L U U Q 3 - E x i s t i n g 6 9 k V L i n e R o u t e pl u s D i s t r i b u t i o n U n d e r g r o u n d fr o m E a g l e S u b s t a t i o n t o Ja c k s o n S q u a r e 4 - E x i s t i n g 6 9 k V L i n e R o u t e pl u s D i s t r i b u t i o n U n d e r g r o u n d fr o m E a g l e S u b s t a t i o n t o Ba l l e n t y n e 5 - H i g h w a y 5 5 a n d F l o a t i n g Fe a t h e r R o u t e 6 - H i g h w a y 5 5 a n d B e a c o n Li a h t R o u t e . C i t y o f Ea g l e C o s t = T o t a l Co s t - $ 2 . 50 0 . H C o r p o r a t e I n c o m e T a x R a t e 4 0 % -o c n a m J5 ~ ~ ~ C1 ) m C1 ) C ' -" ~ z ; : : ; : o- o o z a: . . . . 0 -" 0 - 0 :. : , . $2 . 50 0 . 00 0 $0 1 $2 , 50 0 , 00 0 $4 7 6 . 00 0 $1 1 7 6 . 00 0 $2 . 81 1 0 . 00 0 1 $3 1 1 0 . 00 0 I $ 1 3 6 . 00 0 I 23 0 . 00 0 $1 . 73 0 . 00 0 \ $ 6 9 2 . 00 0 $2 . 11 2 2 . 00 0 1 $& 7 6 . 00 0 1 $ 1 94 6 00 0 $3 . 92 0 , 00 0 1 $1 , 4 2 0 , 00 0 \ $ ~ ~ 8 , $1 . 98 8 , 00 0 $4 7 6 , 00 0 51 2 , 00 0 $& . 87 0 , 00 0 I $2 . 37 0 , 00 0 1 $ 9 4 8 . 00 0 1 $3 . 31 8 , 00 0 $4 7 6 . 00 0 1 $2 , 84 2 , 00 0 - - ~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