20090914Application.pdf

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An IDACORP Company
Donovan E. Walker
Senior
September 14, 2009
HAND DELIVERED
Jean D. Jewell, Secretary
Idaho Public Utilties Commission
472 West Washington Street
P. O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. IPC-09-26
In the Matter of the Application of Idaho Power Company for a Certificate of
Public Convenience and Necessity for the Columbia Substation, the Columbia to
Kuna 138 Kv Transmission Line, Reconstruction of the Caldwell to Hubbard 230
K v Transmission Line, and Related Transmission and Distribution Facilties
Dear Ms. Jewell:
Please find enclosed for filing an original and seven (7) copies of the Company's
Application for a Certificate of Public Convenience and Necessity for the Columbia Substation,
the Columbia to Kuna 138 Kv Transmission Line, Reconstruction of the Caldwell to Hubbard
230 K v Transmission Line, and Related Transmission and Distribution Facilties. Also enclosed
are nine (9) copies of the testimony and exhibits of Idaho Power witness David M. Angell, with
one copy designated as the Reporter's Copy. A computer disk containing Mr. Angell's testimony
is also enclosed.
I would appreciate it if you would return a stamped copy of this transmittal letter for our
fies in the enclosed self-addressed stamped envelope.
ours,~fI~
Donovan E. Walker
DEW:sh
Enclosures
1221 W. Idaho St. (83702)
P.O. Box 70
Boise, ID B3707
DONOVAN E. WALKER, ISB No. 5921
BARTON L. KLINE, ISB No. 1526
Idaho Power Company
P.O. Box 70
Boise, Idaho 83707
Tel: [phone]
Fax: [phone]
dwalkerqy idahopower.com
bkl.ine qy idahopower.com
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2009 SEP I i. PM 1.: 33
IDAHO PUGL;'~
UTIL1TiE-S ror,' n'j'''~~IO\!. .. ...\ _fVt;:'l'ij~'''1. l_~
Attorneys for Idaho Power Company
Street Address for Express Mail:
1221 West Idaho Street
Boise, Idaho 83702
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR A ) CASE NO. IPC-E-09-26
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY FOR THE COLUMBIA ) APPLICATION
SUBSTATION, THE COLUMBIA TO KUNA )
138 KV TRANSMISSION LINE, )
RECONSTRUCTION OF THE CALDWELL )
TO HUBBARD 230 KV TRANSMISSION )
LINE, AND RELATED TRANSMISSION )
AND DISTRIBUTION FACILITIES )
)
Idaho Power Company ("Idaho Power" or the "Company"), in
accordance with Idaho Code §§ 61-501, 61-502, 61-503, 61-508, 61-526, 61-
527, 61-528, 67-6528, and RP 52, 54, 112, and 211, hereby respectfully makes
Application to the Idaho Public Utilities Commission ("I PUC" or the
"Commission") for an Order granting the Company a Certificate of Public
Convenience and Necessity for the construction of the Columbia substation, the
Columbia to Kuna 138 kV transmission line, reconstruction of the Caldwell to
APPLICATION, Page 1
Hubbard 230 kV transmission line, Columbia distribution circuits, and related
facilities necessary to provide adequate and reliable service to the Kuna, Idaho
area within the Company's service territory.
The Company requests, pursuant to Idaho Code §§ 61-508 and 61-526
that the Commission find it to be in the public convenience and necessity that
Idaho Power construct facilties in and around the City of Kuna's area of impact
and within the City's proposed "Overlay District." The proposed facilties are
necessary and required in order to continue to provide reliable and adequate
electricity to Idaho Power's customers in and around Kuna and in order for the
Company to operate its integrated electric system in western Ada county and
across its southern Idaho/eastern Oregon service territory.
In the alternative, if the City of Kuna requires that the facilties be
constructed underground or on an alternative route(s) outside of the Overlay
District, that the Commission order Idaho Power to file tariffs to establish a
surcharge to be added to the rates charged to the Company's customers within
the boundaries of the City of Kuna to recover the incremental additional costs
thereof.
In support of this Application, Idaho Power represents as follows:
CORPORATE STATUS
1 . Idaho Power is a corporation incorporated under the laws of the
state of Idaho. Idaho Power is engaged in the business of generating,
purchasing, transmitting, and distributing electric energy and providing retail
electric service in the states of Idaho and Oregon. Idaho Power's principal
APPLICATION, Page 2
offices are situated in Boise, Idaho, and its address is 1221 West Idaho Street,
Boise, Idaho, 83702. Copies of Idaho Power's Articles of Incorporation and
Certificates of Convenience and Necessity are on file with the Commission.
KUNA OVERLAY DISTRICT ORDINANCE
2. Electric loads in western Ada County have increased steadily over
most of the last decade, and persist despite the current economic conditions.
See generally, Case No. IPC-E-09-03. In order to reliably serve the existing and
future electrical loads in and around the City of Kuna, the construction of new
substations, new 138,000 volt (138 kV) sub-transmission facilities, new/upgraded
230,000 volt (230 kV) transmission facilities, and new/upgraded distribution lines
into and within this area are required.
3. The specific facilties at issue in this proceeding are a new
substation to be constructed at the corner of Columbia Road and Kuna-Meridian
Road/State Highway 69 (the Columbia substation), a 138 kV transmission line
from the new Columbia substation to the existing Kuna Substation,
reconstruction of the Caldwell to Hubbard 230 kV line with double-circuit towers
from the Mora/Hubbard substations to the new Columbia substation, and eight
distribution circuits which will exit the Columbia substation along major roads. A
map showing these facilties is included as Attachment A hereto. Also included
as Attachment B is a larger overview of these facilities and their relation to the
City's area of impact and city limits. Included as Attachment C is a picture
showing what typical transmission and distribution structures look like.
APPLICATION, Page 3
4. On August 12, 2009, the City of Kuna Planning and Zoning
Commission approved an amendment to a city ordinance establishing an
"Overlay District" that bans utilty power poles within the area that generally
follows the highways of Kuna-Meridian Road/State Highway 69 (north-south) and
Kuna Mora Road (east-west) within the City's Area of Impact. Included as
Attachment D is a copy of the proposed ordinance for the Amended Overlay
District. Included as Attachment E is a map depicting the Overlay District. The
City's Area of Impact is generally bounded by Cole and McDermott Roads on the
east and west, and from Amity to south of Kuna Mora Road from north to south.
See, Attachment B, showing the City of Kuna's Area of Impact, the City limits,
and the general location of the required facilties.
5. As shown on page 6, subsection N, of the Overlay District
Ordinance, the City completely bans the placement of ANY new above-ground
utility power poles in the overlay district to a distance of 660 feet from the
centerline of State Highway 69 and Kuna Mora Road. Additionally, all existing
power poles are restricted to their present height in the same identified area.
Attachment D at p. 6. The ban of power poles in the Overlay District effectively
removes the option of siting facilties in the right of way along these highways,
and is contrary to the franchise agreement between the City of Kuna and Idaho
Power. The Columbia substation is located within the Overlay District. Idaho
Power, prior to the proposal to ban and restrict power poles in the Overlay
District, had all ready purchased the land to build the Columbia substation and
received a conditional use permit for the site.
APPLICATION, Page 4
6. The Overlay District Ordinance has been approved by Kuna's
Planning and Zoning Commission and recommended for approval to the City
CounciL. The Ordinance was mailed to government agencies on July 14, 2009;
was published in the official newspaper of general circulation, the Kuna Melba
News on July 22, 2009; and was reviewed and accepted by the Planning and
Zoning Director. The City held a public hearing on August 12, 2009, with the
Planning and Zoning Commission, which resulted in a recommendation to the
City Council to approve the Ordinance. This Ordinance is scheduled to go before
the Kuna City Council for approval on September 15, 2009.
7. Idaho Power has an existing franchise agreement with the City of
Kuna. A copy of this agreement is included as Attachment F hereto. The
franchise agreement provides for the construction maintenance, and operation of
facilties, such as transmission lines, in the streets, alleys, and public places in
Kuna:
There is hereby granted to Idaho Power Company, its
successors and assigns . . . the right, privilege or franchise for
a term of fifty years from the date of passage hereof, to
construct, maintain and operate in the present and future
streets, alleys and public places in the Vilage of Kuna, Ada
County, Idaho, and its successors, electric light and power
lines (together with all the necessary wires, transmission lines
and telegraph and telephone lines for its own use), for the
purpose of supplying electricity to said Vilage, the inhabitants
thereof and persons and corporations beyond the limits
thereof, for light, heat, power and other purposes.
Attachment F at p. 1. The franchise agreement does not expire until 2015. ¡d.
8. The comprehensive plan of the City of Kuna is required by State
law to identify "utility transmission corridors" and other public facilities. Idaho
APPLICATION, Page 5
Code § 67-6508(h). The City of Kuna's current comprehensive plan lacks any
provision what-so-ever for transmission corridors or facilities. The City's
proposed draft comprehensive plan cites to, and references Idaho Code § 61-
1701 et seq. which relates to national interest electric transmission corridors
designated by the secretary of the United States Department of Energy ("DOE")
under § 1221 of the Energy Policy Act of 2005. The DOE has thus far
designated only two such corridors in the United States. DOE issued an order on
October 2, 2007, for two National Interest Electric Transmission Corridor
("National Corridor") designations: 1) The Mid-Atlantic Area National Corridor
(includes some or all counties in DE, OH, MD, NJ, NY, PA, VA, WV, and
DC)(Docket No. 2007-0E-01); and 2) The Southwest Area National Corridor
(seven counties in Southern Caliornia and three counties in western
Arizona)(Docket No. 2007-0E-02). With regard to transmission corridors, the
new draft comprehensive plan states, "Should the Idaho State Public Utilities
Commission notify the County of other federally mandated corridors, this Plan
and its reference maps wil be updated to reflect further analysis." Kuna
Proposed Comprehensive Plan, p. 192.
9. On May 27, 2009, the Kuna Planning and Zoning Commission
recommended that the City Council reject a proposed Idaho Power transmission
corridor siting on the City's Area of Impact and future land use map. See,
Attachment I, p. 7, 8, 9. On July 7, 2009, the City Council removed the
comprehensive plan amendment's public hearing from the agenda and set it for a
workshop with the Planning and Zoning Commission on July 28, 2009. It is
APPLICATION, Page 6
unclear what if anything has happened since that time. Because it only
addresses National Corridors, the draft comprehensive plan fails, as does the
current comprehensive plan, to designate corridors or spaces for the required
transmission and electric utilty facilities that are required for Idaho Power to
provide adequate and reliable service to the area. Both comprehensive plans fail
to meet the requirements of Idaho Code § 67-6508(h).
10. Idaho Power, mindful of the Commission's guidance in its final
Order in the City of Eagle case from 2004, has undertaken extensive public
involvement activities with regard to local land-use and transmission planning
activities with local governments, citizens, and the public generally. The
Commission's parting words in its Findings and Discussion from that Case are:
Finally, we note that this case should serve as a reminder
to utilties that they should monitor and participate in local land
use planning activities. In particular Idaho Code § 67 -6508(h)
requires that city and county comprehensive plans consider
and identify "utility transmission corridors" and other public
facilties. For purposes of transmission planning, utilities must
advise local governments that the construction of electric
transmission lines normally entails tall poles and structures.
We also encourage cities and counties to be realistic in
designating transmission corridors within their areas. It may
not be enough to simply designate that public streets and road
right-of-ways wil serve as transmission corridors. Aerial
transmission lines are the most cost-effective construction
method and represent 99% of all transmission line miles in the
nation. Tr. at 305.
Order No. 29634 at 7, Case No. IPC-E-04-04.
11 . Following the Eagle Case in 2004, Idaho Power initiated several
Community Advisory Committees and undertook a comprehensive, cooperative
transmission planning exercise with the communities and leaders across its
APPLICATION, Page 7
service territory. Idaho Power has completed three Community Advisory
Committee's and wil complete the fourth later this year. These committees were
created to provide a cooperative effort between the Company and the
communities it serves in developing an outline for prioritized improvements and
additions to the Company's transmission and substation infrastructure. Each
committee was created from and reviewed a specific geographic region. The
committees formed to date have been from the Treasure Valley, Wood River
Valley, Magic Valley, and Eastern Idaho. Each of these committees were
composed of elected officials, jurisdictional planners, civic leaders, business
leaders/developers, and residents. Each committee met on a monthly basis with
each session lasting most of a day. The process included educational sessions
which began with a bus tour of Idaho Power facilties. The committee was
presented with a view, from production to delivery, of Idaho Power's electrical
system including an introduction to electrical generation, substations,
transmission, demand-side management, and regulatory affairs. The committee
then developed a list of goals and siting criteria that would guide them in their
plan development. The committee was presented with growth statistics and
anticipated load data based on the planned build-out of the community. Using
the education gained through these meetings, the committee then spent a few
meetings to layout proposed transmission lines and substation sites. The
committee then determined a preferred plan by consensus with some
alternatives identified. This process of education and development of the plan
takes just over a year and is the result of hundreds of hours of involvement from
APPLICATION, Page 8
the community. The Kuna area was included in the Community Advisory
Committee that worked on the Treasure Valley Electrical Plan from August 2005
through October 2006. The former mayor of Kuna, Dean Obray, was a member
of the Committee.
12. The Company has not only undertaken numerous public
involvement efforts across its service territory, it has also undertaken specific
efforts with regard to the City of Kuna. The Company has about twenty
documented communications, i.e., meetings with City officials, presentations to
committees, open houses, etc..., with the City of Kuna regarding transmission
siting in and around Kuna's area of impact from July 2008 to the present, in
addition to the numerous other informal discussions, phone calls, and contacts
about this matter. One such meeting in July 2008 was to specifically describe
the Columbia to Kuna 138 kV line at issue in this case. This happened prior to
the City's proposal to ban new poles within the Overlay District.
13. On November 25, 2008, Idaho Power sent a formal letter to
Randy Grove, City Attorney for Kuna, regarding the Overlay District ordinance. A
copy of this letter is included as Attachment G. This letter clearly voices and
memorializes Idaho Power's concerns regarding the complete prohibition of new
power poles, and the restriction upon upgrading any existing facilities to the City
of Kuna. The letter also questions the City's authority to regulate a land use all
the way to a total prohibition of the use. Additionally the letter points out that the
Overlay District ordinance undermines goals of the Treasure Valley Electrical
Plan and of the City itself, i.e., the preferred upgrade of existing facilties before
APPLICATION, Page 9
building completely new corridors, and a recommendation that power lines be
located in major transportation corridors whenever possible would be prohibibited
with passage of the ordinance. The letter also points out that new utilty poles, or
the extension of existing utilty poles is going to be essential to Kuna's abilty to
carry out the goals, i.e., develop, as stated in its Comprehensive Plan.
14. On November 26, 2008, Qwest Corporation also sent a formal
letter to the City of Kuna. A copy of Qwest's letter is included as Attachment H.
Qwest's letter expresses similar concerns as Idaho Power's letter: i.e., objecting
to the ban of new utilty poles and height restrictions on existing poles in the
Overlay District.
15. Additionally, as can be seen on page 10 of Attachment D, Idaho
Power was involved in the public process for this particular Ordinance, and
voiced its concerns with the ban and restriction upon power poles contained in
the Ordinance at the August 12, 2009, Planning and Zoning Commission
meeting. The Company specifically noted to the Planning and Zoning
Commission that a ban and restriction upon power poles as proposed may
restrict the Company's abilty to serve new customers, would make it more costly
and time consuming to serve new customers, and could restrict the Company's
ability to meet its obligation to provide the Kuna area with adequate and reliable
electric service. Attachment D, p. 10. Idaho Power also reiterated its wilingness
"to work with the City to identify electric utilty corridors that minimizes the impact
to a community but allow for cost-effective, timely installation of electric facilties."
¡d. Although the City has generally stated that it too is wiling to work with the
APPLICATION, Page 10
Company on accomplishing this task, it has nonetheless proceeded forward with
its public process to enact the Overlay District ordinance to accomplish a
complete ban on new power poles.
16. The Company must construct facilties in the Kuna area to meet
its continuing obligation to serve customers, and thus is requesting an Order from
the Commission affirming that the public convenience and necessity requires the
same. The proposed facilties are what is required in order to provide adequate
and reliable service to the City, and the area. Alternatives to the proposed
facilties are more costly, and wil be less reliable not only for Kuna, but also for
the larger transmission system. If the Company is not allowed to erect new utilty
poles in the Overlay District, the City wil be severely limited in the service that it
can receive. The new Columbia substation would have to located elsewhere,
outside of the Overlay District, and the existing Kuna substation wil be limited to
a less reliable radial feed. Future large load industrial and commercial customers
would not be able to be served with the existing infrastructure, and would require
their own special facilities to be constructed on a case-by-case basis if located in
the City's area of impact. A more detailed description of Idaho Power's need to
construct facilties in the Kuna area, and why the facilties promote the public
convenience and necessity is contained in the testimony of Mr. David M. AngelL.
Mr. Angell is Idaho Power's Manager of Delivery Planning and his testimony is
filed concurrently herewith in support of this Application.
APPLICATION, Page 11
CERTIFICIATE OF PUBLIC CONVENIENCE AND NECESSITY
17. A Certificate of Public Convenience and Necessity ("CPCN" or
"Certificate") represents the exercise by the Commission of foundational authority
and principles that are necessary in Idaho's system of permitting regulated
monopoly public utiliies to exist and to provide necessary services to the public.
Certificates have been utilized in various ways from the time that Idaho's
statutory system of public utility regulation was enacted by the Legislature in
1913, Idaho Code § 61-101 et seq., to the present time. After nearly 100 years
of legislative enactments, Commission Orders, and Idaho Supreme Court
reviews, the Certificate remains the embodiment of the Commission's
fundamental power and authority to, at the most basic level, authorize and direct
a public utility to serve in the public interest. See, Idaho Power & Light Co. v.
Blomquistetal., 26 Idaho 222,141 P.1083 (1914); Idaho Op. Att. Gen. No. 87-
2, 1987 WL 247587 (Idaho A.G.).
18. In the broadest sense, a Certificate allows a company that meets
the definition of a "public utility" pursuant to Idaho Code § 61-129 to exclusively
provide its service to the public in a specified geographic region, its service
territory. It is a codified part of the "regulatory compact" whereby the utilty takes
on the exclusive obligation/right to serve all those requesting service within its
service territory and, correspondingly, submits itself to the rate and service
quality regulation of the Commission.
19. In a more literal sense, a Certificate from the Commission is
required for the construction or extension of a line, plant, or system by any street
APPLICATION, Page 12
railroad, gas, electrical, telephone, or water corporation. Idaho Code § 61-526.
A Certificate is not required if such corporation is extending within any city or
county where it had previously commenced lawful operation, or the extension
into territory contiguous to the territory already served by it, and not served by
another public utilty of like character. Id. If the proposed construction or
extension interferes with, or is about to interfere with, the operation of another all
ready existing public utility of like character, the Commission may prescribe
terms and conditions regarding the location and type of plant the utilty may
construct. Id.
20. However, Idaho Code § 61-526 also provides that, "if the public
convenience and necessity does not require or will require such construction or
extension (of a line, plant, or system) the commission ... may, after hearing,
make such order and prescribe such terms and conditions for the locating or
type of line, plant or system affected as to it may seem just and reasonable."
(Emphasis added). Consequently, in cases such as the present where the
Company is not required to obtain a Certificate in order to construct, extend, and
upgrade its transmission and distribution facilties within its service territory, the
Commission may grant the Company a Certificate if the public convenience and
necessity so requires.
21. Similarly, the Commission has the express authority to order a
utilty to build new structures, or to upgrade and/or improve existing plant and
structures, in order to secure adequate service or facilties. Idaho Code § 61-
508.
APPLICATION, Page 13
Whenever the commission, after a hearing had upon its own
motion or upon complaint, shall find that additions, extensions,
repairs or improvements to or changes in the existing plant,
scales, equipment, apparatus, facilities or other physical
propert or any public utility. . . ought reasonably to be made,
or that a new structure or structures should be erected, to
promote the security or convenience of its employees or the
public, or in any other way to secure adequate service or
facilties, the commission shall make and serve an order
directing such additions, extensions, repairs, improvements,
or changes be made or such structure or structures be
erected in the manner and within the time specified in said
order.
Id.
22. Idaho Power has experienced continuing and substantial growth
and development in its service territory, along with a correspondingly rapid
increase in electrical loads on its system. This growth trend has been particularly
pronounced over the last decade, and electrical load continues to grow, albeit at
a reduced rate, through the current downturn in economic conditions across the
country. The growth has been most pronounced in the Company's Treasure
Valley load center consisting of Boise, Meridian, Nampa, Caldwell, Eagle, Star,
and Kuna as well as other communities. Idaho Power has an obligation to
provide adequate, efficient, just, and reasonable service on a non-discriminatory
basis to all those that request it. Idaho Code §§ 61-302, 61-315, 61-507. The
Commission must assure that the rates Idaho Power charges its customers and
that the rules and regulations by which it provides service are just, reasonable,
nondiscriminatory, and non-preferentiaL. Idaho Code §§ 61-501, 61-502, 61-503,
61-507, 61-508.
APPLICATION, Page 14
23. Chapter 65 of Title 67 of the Idaho Code addresses local land use
planning. Idaho Code § 67-6528 addresses the interaction of Commission
Orders and land use planning actions by other government agencies:
If a public utilty has been ordered or permitted by specific
order, pursuant to title 61, Idaho Code, to do or refrain from
doing an act by the public utilities commission, any action or
order of a government agency pursuant to titles 31, 50 or 67,
Idaho Code, in conflct with said public utilties commission
order, shall be insofar as it is in conflict, null and void if prior to
entering said order, the public utilties commission has given
the affected governmental agency an opportunity to appear
before or consult with the public utilities commission with
respect to such conflict.
Idaho Code § 67-6528, Applicabilty of ordinances.
24. Despite offers and efforts by the Company to work with the City of
Kuna to develop workable transmission siting in the City's area of impact, Kuna
has moved forward, at a rapid pace, with the approval and enactment of its
Overlay District Ordinance that completely bans new overhead power poles and
restricts existing poles to their current height within the Overlay District. The new
Columbia substation, the Columbia to Kuna 138 kV transmission line, portions of
the Caldwell to Hubbard 230 kV transmission line, as well as other associated
transmission and distribution facilties, fall within the designated Overlay District.
The City was informed about this specific Columbia to Kuna project prior to
proposing the ban and restriction through amendment of the Overlay District
ordinance. The City was informed of the problems associated therewith and was
informed of Idaho Power's objections to the Overlay District's ban and restriction
at least as early as November 2008. The City proceeded with its formal process
APPLICATION, Page 15
to adopt the ordinance, has approved it through the Planning and Zoning
Commission, and recommended it to the City Council for approvaL.
25. Although the specific siting of facilities is generally an area of local
concern in the State of Idaho, the Idaho Legislature has granted the Commission
the ultimate authority for determining whether the public interest, convenience,
and necessity require the construction of certain facilities by expressly providing
that land use actions or orders of other governmental agencies or local
governments that are in conflict with an order of the Commission are null and
void. Idaho Code § 67-6528. The Company is not seeking any specific rate
recovery for the facilities involved herein at this time, and wil do so in a proper
rate recovery proceeding in the future. The Company is also not seeking to
avoid or thwart any city or county permitting processes or procedures. The
Company is asking the Commission to find it to be in the present and future
public convenience and necessity that Idaho Power constructs facilties in and
around the City of Kuna's area of impact and within the city's proposed "Overlay
District." The Company also requests the Commission find that the proposed
facilties are necessary and required in order to continue to provide reliable and
adequate electricity to Idaho Power's customers in and around Kuna and in order
for the Company to operate its integrated electric system in western Ada county
and across its southern Idaho/eastern Oregon service territory.
INCREMENTAL COST SURCHARGE
26. If the City of Kuna requires that the facilities be constructed
underground or on an alternative route(s) outside of the Overlay District that
APPLICATION, Page 16
increases the cost of such facilties, Idaho Power maintains that it is appropriate
to require the City to contribute the additional incremental cost associated with
their required line routing or underground facilities. As the Commission noted in
Case No. IPC-E-04-04, the City has available to it the Underground Conversion
of Utilties Law, Idaho Code § 50-2503, which authorizes and provides a method
for cities to convert overhead electric facilities to underground locations. Order
No. 29634 at 7. If the City does not bear that incremental additional expense,
Idaho Power's other customers wil ultimately pay higher rates as a result of the
City's dissatisfaction with the aesthetics of overhead transmission facilities
located within or through the City. The Idaho. Legislature has vested the
Commission with the exclusive power to regulate public utilties for the State of
Idaho and with the authority to carry out its regulation. Any other arrangement
would place the public utilty and its general body of utility customers in an
untenable situation. Local governmental agencies could require public utilities to
expend unreasonably large amounts of money to satisfy local aesthetic or other
concerns. Those additional expenses would then be passed on to all of the
public utilty's other customers, outside of the local jurisdiction, thereby resulting
in unreasonable, preferential, and discriminatory rates. Idaho Power is
requesting that the Commission exercise its statutory authority to protect both the
Company and its customers from such a result.
COMMUNCIATIONS AND SERVICE OF PLEADINGS
27. Communications and Service of Pleadings with reference to this
Application should be sent to the following:
APPLICATION, Page 17
Donovan E. Walker
Barton L. Kline
Idaho Power Company
P.O. Box 70
Boise, Idaho 83707
dwalkerqy idahopower.com
bkline qy idahopower.com
John R. Gale
Vice President, Regulatory Affairs
Idaho Power Company
P.O. Box 70
Boise, Idaho 83707
rgale qy idahopower.com
REQUEST FOR RELIEF
28. Idaho Power respectfully requests that the Commission issue an
Order: 1) specifically finding that the present and future public convenience and
necessity requires the construction of the Columbia substation, the Columbia to
Kuna 138 kV transmission line, the reconstruction of the Caldwell to Hubbard 230
kV transmission line, the Columbia distribution circuits, and related facilties, and
ordering the Company to construct the same; 2) specifically granting the
Company a Certificate of Convenience and Necessity for the construction of the
Columbia substation, the Columbia to Kuna 138 kVtransmission line, the
reconstruction of the Caldwell to Hubbard 230 kV transmission line, the Columbia
distribution circuits, and related facilties necessary to provide adequate and
reliable service to the Kuna area, and necessary for the reliable operation of
Idaho Power's larger transmission and distribution system in the Treasure Valley;
and 3) in the alternative, if the City of Kuna requires that the facilties be
constructed underground or on an alternative route(s) outside of the Overlay
District that increase the cost of such facilties, that the Commission order Idaho
Power to file tariffs establishing a surcharge to be added to the rates of the
APPLICATION, Page 18
Company's customers within the boundaries of the City of Kuna to recover the
incremental additional costs thereof.
29. Idaho Power requests that the Commission convene a prehearing
conference in this matter at its earliest convenience to establish a proper
procedure to expedite the orderly conduct and disposition of this proceeding. RP
211.
DATED at Boise, Idaho this 14th day of September 2009.
Donovan E. Walker
Attorney for Idaho Power Company
APPLICATION, Page 19
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 14th day of September 2009 I served a
true and correct copy of the within and foregoing Application upon the following
named parties by the method indicated below, and addressed to the following:
Commission Staff
Idaho Public Utilities Commission
472 West Washington
P.O. Box 83720
Boise, Idaho 83720-0074
-X Hand Delivered
U.S. Mail
_ Overnight Mail
FAX
-X Email
Ada County Highway District
Scott D. Spears
Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714
City of Kuna
Randy Grove, City Attorney
City of Kuna
763 W. Avalon
Kuna, Idaho 83634
-2 U.S. Mail
_ Overnight Mail
FAX
-- Email sspearsqyachd.ada.id.us
-2 U.S. Mail
_ Overnight Mail
FAX
-- Email randyqygrovelegal.com
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Mary Hobson
999 Main Street, Suite 1103
Boise, Idaho 83702
-2 U.S. Mail
_ Overnight Mail
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-- Email marv.hobsonqygwest.com
&~Donovan E. Walker
APPLICATION, Page 20
BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-E-09-26
IDAHO POWER COMPANY
ATTACHMENT A
Map of Required Facilities
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BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-E-09-26
IDAHO POWER COMPANY
ATTACHMENT B
Overview Map - Kuna Area
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BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-E-09-26
IDAHO POWER COMPANY
ATTACHMENT C
Picture of Typical Transmission Distribution
Structures
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BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-E-09-26
IDAHO POWER COMPANY
ATTACHMENT D
Overlay District Ordinance
City of Kuna
P.O. Box13
Kuna, ID 83634
Phone: [phone]
Fax: [phone]
Web: ww.cityofkuna.com
To:Kuna Planning and Zoning Commission
File Nümbers:09-03-Z0A - Overlay District Ordinance Amendment
Kuna City Code 5-2A
Director:Steven Hasson
Hearing Date:
Applicant:City of Kuna Planning and Zoning Departent
POBox 13
Kuna, Idaho 83634
Project Summary:
Staff proposing' a text amendment that revises the zoning overlay district; among the more
significant changes tö this text are the following:
· Improves existing text language;
- Expands the overlay zone to include the Kuna Mora Road and its future alignments as
well as future Highway 69 alignment to the south;
-Identifies that these roadways wil serve as Kuna's gateway scenic corridors;
· Reduces the overlay district from one half (1/2) mile east and west aligning with the
centerline of Highway 69 to one quarter mile (1,320') from the same point of origin toinclude its future southern alignment. Eliminates the portion of Highway 69 that curves
and becomes Avalon StreetJrom the overlay district at a distance 1,320 feet west of the
north/south aligning township section line underlaying Highway 69. Expands the district
to include the area Within one quarter mile (1,320') north and south aligning of the Kuna
Mora Road centerline and its future alignments within the Kuna city limits;
· Qualifies that when provisions of this chapter are in conflict with other portions of City
code the more restrictive standardshaU prevail;
· Qualifies these roadways are subject to City's access management control standards;
It Clarifies drivewayapproaOhes wil not be closed off if it would landlock the property;
· Provides the City Council may afford a right-in only property access onto these
roadways at the. % mile mark ofa section line based on the city Engineer's favorable
recommendation;
· Provides clarification about the location and construction of frontage streets;
· Advises no new utility power poles or height extensions to existng utilty power poles
shall be allowed in the overlay district;
- · Advises no height extensions to existing utilty power poles shall be allowed in the
overlay district;
· Qualifies all signs placed in the overlay district shall be according to the City's sign
ordinance; except, 110 off-site signage shall be permitted within the confines of the
overlay district, other than on property that is zoned commercial. Offsitesignage on
commercially zoned property shall be limited toone sign per lot or parcel;
· Directsthat no wireless communication facilties (WFC) shall be installed in the overlay
district to a distance of 660 feet form the centerline of these roadways. WFC shall not
EXHIBIT 1
CommissIon Sta Report
Overlay District
09-03-Z0A -1-
July 09,2009
exceed a height of 100 feet above the natural ground surface, within the overlay district,
other than on property that is zoned commerciaL. Offsite signage on commercially zoned
property shall be limited to one sign per Jot or parcel;
" Clarifies no street or driveway approaches may be placed along roadways running
generally perpendicular to Highway 69 or Kuna Mora Road within a 660 foot distance of
their centerHne;
II Qualiies all landscape shall have an irrigation source;
· Provides the applicant is responsible for the care and maintenance of the land strip lying
between edge of pavement and property line along the subject property frontage within
the overlay district;
ll Clatifes use of a wall and its design and placement for noise attenuation purpose;
Staff Recommandation:
Based on Staff's review of the application, Staff concludes that thìsapplication complies with
Section 5-1A-2 thru5-1A-7 of KUDa City Code (KCC), and recommends approval of the
Overlay District ordinance amendment; subject to the conditions and recommends approvaL.
Commission Recommendation:
Commission should consider the evidence and testimony presented at the public hearing prior
to rendering its decision.
Council Decision:
Staff R rt T bl f C . t tepaaeoon en s:
Section Subject
A Procedural Items
B Propose Ordinance Amendment -Overlay District (KCC5-2A)
C Government Agency Comments
0 Exhibits
E Conclusions of Law
A.Required Procedure for a Zoning Ordinance Amendment:
1. Application.R.equirements and Feels (KeC 5-1A-2(C-El)
· Staff Comment: No formal application was submitted to staff; PZ Director is
responsible for the text amendment request
· Staff Comment: A public hearing is required for a Zoning Ordinance Amendment.
The date $cheduled date for the public hearing is set for August 12, 2009 to be hearc
by thePlanning and Zoning Commission.
· Staff Comment: A fee of $800.00 was waived by Planning and Zoning Department;
Staff has taken all responsibiliy in proposing the text amendment.
2. Notice to Agenciesand Political Subdivisions (KCC 5-1A-3(B))
· Staff Comment: The proposed Zoning Ordinance Amendment application was sent
to government agencies on July 14, 2009 inaccordancewith City Code.
EXHIBIT 1
Commission Staff Report Overlay District
09-03-Z0A
-2-
lulv 09, 2()09
3. Notice to Public (KeC 5~1A~4(A))
€I Staff Comment: The Zoning Ordinance Amendment was published in the offcial
newspaper of general circulation within the jurisdiction, the Kuna Melba News on
July 22, 2009. In the event of a Zoning Ordinance Amendment, there is no posting
requirement.
4. Decision by the Director (KCC5.1A-5(A & C))
· Staff Comment: The PZ Director has accepted and reviewed the purposed Zoning
Ordinance Amendment in accordance with City code.
5. OecÎ$ionby the Commission (KCC S-1A..(A-E))
· Staff Comment A hearjng before the Commission was scheduled within sixty (60)
days of the application acceptance. The' Commission shall issue a dedication
(recommendation to City CounciQ no later than September.$. 2009 in accordance
with City code.
B. Proposed Overlay Oistrict (KCC 5..2A):ii:lt.tliâUlil~L~Qøe
AN ORDINANCE OF CITY OF KUNA, IDAHO, AMENDING TITLES, "ZONING
REGULATIONS" OF CHAPTER2A, "OVERLAY DISTRICT", AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, discussions have been held by the Kuna City Council, and
WHEREAS, this amendment complies with the Kuna Comprehensive Plan; and
WHEREAS, it is deemed to be in the best interest of the City of Kuna to. amend
Chapter 2A Title 5.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF KUNA. IDAHO that:
SECTION 1. Title 5 by amending Chapter 2A entitled OVERLAY' DISTRICT with the
folloWing:
OVERLAY DISTRICT
5-2A-1: GENERAL APPLICABILITY:
A zoning overlay district .is hereby established for all land within the City of Kuna within the
fOllOWing described area§.:
The overlay district includes
and west ali nj'
Road
maRl.
EXHIBIT 1
Commission Staff Report
Overlay District
09-03':ZOA
-3-
July 09, 2009
shall prevaiL. (Ordinance 2006-103, 12-19-2006)
5-2A-2: PURPOSE ANDIN'1IËN'f 1(.1.$:
to improve safety conditions
provide
sirable land
5-2A-3: APPROACHES:
Approaches directly accessin
overlay district shall be limite
A. Continued roadWY: acces
adoption of this chapter,
Hi hway 69 and Kuna Mora, Road within the
the following circumstances:
B.
c.
Approach permits shall be re9llirei:~~the IdaholransportatlonÎâepartmentiil"ftJ) and the
Ada County f- wa trict (~(3HÐl Traffic cgunts, traffic ~!~~i~~~nd improvemems may
~e requir~~by . . Idaho Iransportation Ðepartment, a~~erll3e Ada County Bighway
District,angltor the City of Kuna). (Ord. 2006-103, 12-19-2006)
5-2A-4: USE OF EXISTING APPROACHES:
roaches as identified on the 2002ITD~~ce~~Il~p
. . , unaM'oraRtiåd
shall be allowed to
continue provided:
EXHIBIT 1
Commission Staff Report
Overlay District
09-03-Z0A
-4-
July 09, 2009
A existing approach use is lawful,and properly permitted;
B. The type of Lårid use does not change (for example, a residential use iSl"otcoliväi1êd to
a commercial use);
G.
D. The number of parcels served by the approach does
103, 12-19-2006)
(Ord.2006-
E.
5-2A-5: ADDITIONAL REQUIREMENTS:
A Highway69&HKûtiåMurâ road shalll'ot
8. tethè ~tate
Kuna Morä Road at the section line road and the
mid mile) between section line roads. These mid mile connecting streets
ollector roads. The street shall be des' ned to collect and distribute
mile mark of
c.
D.
EXHIBIT 1
Commission Stff Report
Overlay District
09.03-Z0A
-5-
July 09, 2009
F. The
lots
street shall
between the
6r buHdable
and the collector road.
G. Frontage streets shall
development applicatí
suficient ::ooses t~ff
at the
H. All structures within this overla
underlying zone
I. If there is a change in the use a special use permit shall be requited, fevæwdaoo
approved as feauired ~ylheGfty of KURIi, iætiÎtiiordlRaA prior to the issuance of any
RSW building permits.
shan meet the setback requirements of the
J.
provements may be
Ada County .Highway
and
Kuna.
;?CRD may require
K. ~ traffic
required by
District, and
L.ired for any new nonresidential or subdivision plat or
. lóc ted In the overl . ...... district;
1. Plans shall be des¡
Ioånis through the
create.CJsafe flow of vehicular and pedestrian circulation
parcel~¡
2. Plans shall be drawn to scale and include tnêfòIlÕWii1gfê!Îtû~š~
a. Identification of easements, irrigation easements, new ånt. ~f existing roads.
b.ldentification and overall design of parking lots, storm water treatment, and
sidewalks.
c. other items as requested.
103, 12-19-2006)
N.
EXfIBIT 1
Commission Staf Report
Ovei1ay Disti1ct
09-03-Z0A
-6-
JulV 09, 2009
o.
P.
Q.
R.
5-2A-6: EXCEPTIONS:
Requests for exceptions from any section of this chapter shall follow the standards and
procedures as outlined in this code. (Ord. 2006-103, 12-19-2006)
5-2A-7:
A.
B.
c.
EXHIBIT 1
Commission Staff Report
Overlay DIstrict
09-03-Z0A
-7-
:,i.ly 09, 2009
consistent with the City of
sidewalk shall be ated a minimum of fifteen
ofw
er Requirements: Alongttiêòvêl'låydištriêt/F)òrtiÓI"$of State Highway 69
the applícant shall provide a minimum fift foot (50') wide
buffer and be responsible for constructing a ten foot
ewalk within a ubliç use ease
onsistent with the City of Kuna
The sidewalk shall be separated a minimum of fifteen feet (15') from the
right of way.
Ord. 2006-103, 12~19-2006)
5-2A-8: NQI~EAE3J.ielVE:NI FOR RESIDENTIAL USES ALONG HIGHWAY 69 ,ANt)
KUNA'MORAROAD:
A. licant shall åriPf!p~~~¡~e traffc noise abatement sfi'âtê¡fêstå:/tRèsùJ)iê6t
by construetin~.../~...lì~riy()r/.~/lì~rni~f1~. vv~II.~~ni9i~~ti~D~ppr9~imately parallel
Highway 69. aOdJorKunå/MQraRoadWlthihtfieö"eriay;diMriet;
S, The top of the berm or berm and wallin comLJi~(ltion shall be.~ minimum of ten feet
niQ.~;rt~~nt~;;~.I~y~.tign at the centerline of State Hi hwa 69;
wlthintheo\lerla' !'distri
C. If a wallis proposed; the wall shall meet the following standards:
1.
2. Intermittent breaks in the berm orberm and wall in combination wil degrade iti
functionand shall not be allowed,
3.
4. The director may approve alternative noisêàbätêmêhtcompliance šttafêgiês where
t~ealJpli~ant~~~asubstitute noise abatement proposal tl1åtl$ in accord with ITO,
ACHD orCil: Of Kuna standards and prepared by a qualified sound engineer. (Ord.
2006-103, 12-19-2006)
EXHIBIT 1
Commission Staff Report
Overlay Distct
09-03-Z0A
-s-
July 09, 2009
C.Government Agency Comments:
1. Ada County Highway District (ACHD) -Ryan Cutler, Senior Transportation Planner
Based on our review, below are the items that were commented on and should be
clarified before the ordinance is adopted:
o An attached map ofthe Overlay District would be helpful for visualization of the area
and reference to ACHD and State roadways.
o No reference was made to ACHD's Kuna-Mora policy for access or any inclusion of
its recommendations. This policy has been adopted by the ACHD commission
(November 19, 2008) for the 200' Kuna-Mora corridor.
o ACHD's recommendations would be not to allow any private driveways onto SH69 or
Kuna-Mora Road by ordinance. Any a/lowed access should be public streets only.
o Is the desire to have the ~ mile collectors signalized? Signalization orspacing was
not mentioned in reference to the collector roadways;
o Properties that are currently landlocked should be granted temporary access ònly
until such time that a public street is available to them, The access should then be
closed.
a Noise abatement structures or amenites will have to be constructed on private
property, outside of the right-of-way.
2. Ada County Development Services - Engineering Division - Kelly Woodworth
Engineering'staff has reviewed the City of Kuna 's transmittal for the Highway 69/Kuna
MoraRoad Overlay District text amendment. We would like to express concerns
regarding the alias for Highway 69, as referenced in 5-2A-1, paragraph two: Meridian
Road has been stricken leaving Kuna Meridian Road.
As you are aware the Ada County Engineer is pursuing a request to officially recognize
this portion of Highway 69 as Meridian Rd. in order to correct inconsistencies in name
usage over the years. Ada County formally transmitted this application to your agency on
June 24, 2009 to solicit any comments or concerns and as notifcation of the public
hearing before the Board of Ada County Commissioners (BOCC) on July 29,. 2009,
We respectfully request that, ifthe BOGC votes to approve the street name change
application offcially changing the street name to Meridian Rd., that the street name
referenced in 5-2A-1, paragraph two be arnended to Meridian Rd.
Thank you for you for the opportunity to comment on this proposal. We aWait any
comments your agency may have pertaining to the street name change application
(2009020-NC), and we hope to see you at the BOCe public hearing 011 July 29, 2009.
3. 6ois.e Project Board of Control (BPSC) - Tim Page, Assistant Project Manager BPBC
Due to numerous federal facilities operated and maintained by the l3PBC the above",
mentioned zoning ordinance and overlay district ordinance mayormaynot affect BPBC
facilities depending On the application and/or circumstances that may arise.
The easements, which are held in the name of thè United states through the BUlfaU of
Reclamation under the authority of the Act of August 30, 1890. (26 Stat. 391; 43 U.S..C.
945)must be free to access at all times by the BPBC and must not be affected by
ordinances and/or encroachments, which would hinder our ability to operate and
maintain these faci1ites.
Permitting by the Bureau of ReClamation and the BPBC is allowed at times depending
on the request.
4. Central District Health Department (COHO) -
5. City Engineer - Gordon Law
The City Engineerhas reviewed the above .referenced Zoning Ordinance Amendment
and has no conceptual objections to the proposal. A few wording exceptions were noted
and conveyed to the director inperson.
EXHIBIT 1
Commission Staff Report
Overlay District
09.03-Z0A
-9-
July 09, Z009
6. CEQ - Tiffany Floyd, Assistant Regional Administrator
It is not apparent from the information provided, that there are issues within our
regulatory autho/tty. At this time, we do not have any comments; however, we do
request that this project consider the state and federal rules and regulations for air,
water, waste and the overall environment.
7. Idaho Power Company - Blake Watson
This writng is in reference to 09~03.Z0A - Kuna City Code 5-2A: Overlay, District
Ordinance.. Additional Requirements, item N. In this item, the City is proposing no
new above ground utiity power poles shall occur in the overlay district to a distance of
660-feet back from the centerline of roadways; State Highway 69 and Kuna Mora Road.
Additonallyproposed is that al/ existing power poles be restricted to their present height
within the overlay district (to the distances described above).
While we understand thè desire of the City to create this district, Idaho Power is
concemed that with such a code in place our abílly to adequately provide for and plan
for the installation of electrical facility installations may be impacted. The impacts to the
Kuna community are related to both distribution and transmission facilities.
From a transmission standpoint, the company has considered the Highway 69 corridor
as a potential corridor to construct a second feed to the Kuna Substation. The second
feed would increase reliabilty and provide greater capacity to serve additional loads in
the Kuna area. Elimination of that corridor may require locating in another existing
corridor that may be more developed and affect more properly owners. Locating a
transmission line along a frontage road would be fine, but the issue would be related to
timing. Timing of both the transmission line and when the frontage road would be buil
could prove to be a challenge.
No new poles in the overlay district may restrict our ability to serve new customers in or
near the overlay zone. it will be coSilier and more time consuming to selVe new
customers in the area as underground instal/at ions are typically more expensive than
overhead. (Operationally, it couldmake it mgre diffcult to build a robust distribution
system with buíl-in redundancy, thereby affecting electric reliabilty.
Idaho Power wants (and is obligated) to provide the Kuna area with adequate capacity
af1dreliabiliy, so when prospective companies consider Kuna as a place to locate, they
have a/evel of confidence in our abJ1ity tö meet theirelecttcal needs. Our concern with
this proposed ordinance wi/I restrict our ability to provide future customers with the level
orservice they expect. Maintaining ongoing reliable service to the current re$idents of
Kana may be impacted as well. Weare willing to work with the City to identify electric
utility corridors that minimizès the impact to a community but allow for cost-effective,
timely installation of electric utiliy facilties. Please consider the points as you discUSS
the proposed overlay district ordinance. Thank you for your consideration.
8. Idaho Transportation Department (ITO) - had no comments
~" Qwest- no response
D. Exhibit".
Exhibit 1 Staff Report- dated 07-09-09
Exhibit 2 Letter from Director Hasson - dated 06-08-09
Exhibit 3 Proposed Amendment - dated 07-09-09
Exhibit 4 Current KeC 5-2A Overlay District - dated 03-08
EXHIBIT i
CommisSion Staff Report
Overlay District
09"03-Z0A
-10-
July 091 2009
¥........._.
ExhibitS Ada County Highway District (ACHD) - dated 07-28~O9
m_...
Exhibit 6 Ada County Development Services - Engineering Division -
dated 07w17-09
Exhibit 7 Boise Project Board of Control (BPBC) - dated 07-27-09
ExhibitS City Engineer- dated 07.,21-09
Exhibit 9 Departent of Environmental Qualiy (DEQ) -dated 07-27-09
Exhibit 10 Idaho Power - dated 08-05-09.
Exhibit 11 Idaho Transportation Department - dated 07-16-09
Exhibit 12 Overlay District Map - dated 10-28..8
E. ConclusionS of Law:
If any of the following Conclusions of Law are determined to be Findings of Facts, they
sh~ll be included on that section.
i. Based on the evidence contained in File#09-03-Z0A, the Kuna Planning and Zoning
Commission found that File #09-03-Z0A complies with Kuna City Code.
it Based on the evidence contained in File #09-03-Z0A, the Kuna Planning and
Zoning Commission found that File fl09-0S-Z0A complies with Kuna
Comprehensive Future Plan Map. .
EXHIBIT 1
Commission Staff Repoit
Overlav District
Oe-OS-lOA
-11-
July 09r 2009
BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-E-09.26
IDAHO POWER COMPANY
ATTACHMENT E
Overlay District Map
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BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-E-09-26
IDAHO POWER COMPANY
ATTACHMENTF
Franchise Agreement
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. .IDAHO POWER COMPANY
BOISE. IDAHO , ""
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To the 100b:l. Chima .. .eari of tisteeé '1'1B. Yaho . .
Getl-.i
Øêo l4W'r ...,.. ~ itlJ1f. its $Uccèøot"s ai ....t.e. behlt
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BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-E-09-26
IDAHO POWER COMPANY
ATTACHMENT G
Idaho Power letter to City of Kuna
RICHARD H. ANDRUS
JOANN C. BUTLER
T. HETHE CLARI(
LAUREN MAIERS REYNOLDSON
MICHAEL T. SPINK
208.38& 1093
JBUTLER~SPINKBUTLER.COM
Via Email
November 25, 2008
City of Kuna
Randy Gi'ove, City Attorney
763 W. Avalon
Kuna,ID 83634
RE: Zoning Ordince Amendments 8..7-Z0A and 8-8-Z0A
SB File No. 22101.4
Dear Rady:
Thank you for taking tie last Friday to discuss the concer of our clent, Idaho Power
Company, with the two draft ordiances referenced above that wil be reviewed by Kun's
Plan & Zonig Commsion on November 25th, The fist drt amnds Kuna City Code
Section 5-2A-1 regardig access management an control in an overlay ditrict; the second draft
amds Kuna City Code Section 5-16-2 as regardig the defition of "Public Serv Facity."
It may be tht a clarifcation is all that is requied with regard to the second proposed
amendment
More th c1arilcation is needed in connection with the first amendment, however. In a
nutsell, we are asking the City to remove the propoed subsection 5-2A-5.Nl as contrar to the
City's authority to reguate land use and also as a vilatin of the franche agreeent between
Kuna and Idaho Power. Shoud the Plaig & Zog Commsion reommend these draft
251 E. Fl STREET
SUlT200
RO.BOX639
BOISE. IDAHO B3701
1 "No new utity power poles or height extensions to exsting utility power poles shall be allowed in the ovel"ay
district"
20B-3BB-100
20B-3SS-1001 (F)
WW.SPINKIUTR.CO
, l
City of Kuna
Ranch Grove, City Attorney
November 25, 2008
Page 2 of3
ordinances to the City Council at all, we respectfy request that the recommendation be made
without subsection S-2A-5.N.2
We hazard a guess that these draf ordiances are a hured response to mis-inormation
prompted by a presentation given by Idaho ~ower regardig the Treasure Valley Electric Plan
showig a 230 kV lie planed through the Kuna area. Recent articles in Kuna Melba News
and the Idaho Business Review also identied the 230 kV lie thl'ugh Kuna based on the
inormation presented. We understad the concerns Kun residents have; however, let me take
the opportuty with th letter to say that cuently it is not factualy correct that a 230 kV lie
is plaed for Kuna,
The presentation given by Idaho Power Company that showed a 230 kV lie in the vicinty of
Kuna was a snapshot in tie of the Treasure Valley Electric Plan. The Plan's general gudeles
for tranmision locations were compiled by a Commttee of area planers, tranortation
authorities, elected and appointed muncipal offcials, including from Kun, business interests,
special interest and advocacy groups, and interested citiens. Th Pla did show a 230 kV lie
. in Kuna's area. However, the Plan is intended to be a guidelie and not static, As load
densities change and corrdors are evaluated, the plan and location of the electric tranmission
lines may change. That is what has happened in Kuna's area - chges in load densities and
other transmission reconfgurations have reulted in a change to the PI By the way, Idaho
Power corresponds or meets with the Commttee anualy to let the Commttee know what ha
) changed, includin the change I'm descrbig, mag the Plan an ever evolvig gudelie. Weceitainly enourage Kuna to take a more active role in these meetigs.
Whtever reason prompted th draf ordiance, the ordinance goes far beyond the City's
authority to regùate a land use al the way to tota prohiition of the use. The total prohibition
of both new power poles and the extension of exitig power poles does not appear to support
the purose and intet of the overlay distrct to mange and control acce on public roads. If
the purpose of ths ordin~ce i, to pi'omote scenic corridors, then we question whether the tota
ban is in accord with the City's Comprehensive Plan. Certay the Citys Comprehensive Pla
maes no sweepin statements about the bang of power poles along gateways to the City
but rather promote creative ladscape design and ladscape bufers (which creative
landscape can surely occu without bang power poles).
Given that the particula use that we are tag about - new utity poles or the extenion of
existig utity poles - is essential to the success of Kun and essential to Kun's abilty to carry
out the goas of its Comprehensve Pla, we have tQ believe that a more reasnable approach to
i'eguatig electrc facilties can be devised.
2 The reaon for suggestig tht ti draft Qrdinnce not be reommended for approval at al is beuse there ar
severa vague and confctg paragraphs and ter that are eith undefed or contrary to th existig City Code
defitions. Even without considerig the substace of the draf ordinance, if adopted, we believe the ordinnce
could be readily chllenge on procedural grounds. We hazard a guess that, as the person who has th responsibilty
of defending challenges to the City's ordinances, the City Attorney would rather not spend the City's time defendig
obvious procedural issues
i ~
City of Kuna
Ranch Grove, City Attorney
November 25, 2008
Page30f3
The City should alo understand that ths draft ordinance may serve to undermie very
important goals of the Treasure Valley Electric Plan and the City of Kuna itself. As one
example, the Commttee recommended that existig power lie corridors should be upgraded
first before buildig completely new corridors. Th wil more fully utie existig power
corridors versus creatig a web of new c()rridors. Ths draft ordinance would prevent height
extensions or upgrades to power lies currently existig in the overlay corridor, resutig in the
need for additional corridors.
,As a simar example, the Commtte recomends tht powe lies should be located in,major
tranportation corridCirs whenever possible. Idao Power has long been an advocate of that
policy. State law alows for the location of electrical facities to be placed in the public-right-of
way. Under the draft ordinance, if power poles are prevented from locatig with the overlay
district (1320 feet on either side of State Highway 69, Kuna Mora Road and undefied future
algnents), the City wi force Idaho Power out of public tranportation corridors tht have
been commonly recommended by sitig commttes for locatig electrical facities. Before the
overlay district prolubits all utity poles (whih includes other utity servce providers and
private entities beyond Idaho Power facities), al alteatives should be evaluated.
As always, Idaho Power is willi to work with Kuna to help ensu tht electric facities are
sited in a maner that balces th teclcal needs of the electic syste with land use and
) environmenta constraits, as well as to meet the growing electrical needs for regional economic
development. Towal'd that end, our client would be pleased to work with the City to draft
specil use requirements addressing electric tranmission facilities.
Finally, the point of clarifcation that I mentioned above; it is not cler why the defition for
Public Service Facity is being chaged. Perhaps tht can be dicussed at the Comnsion
hearg. The Commsson might alo wi to discuss the October 17th Memorandum sent to
interested parties b'om the Plang Director in wluch Mr. Hasson states tht approval of Public,
Service Facities wil be at the dicretion of the Plag Director. Furer clarifcation should
be made as to whether the Plang Director has such authority and whether such authority
should rest solely with the Director.
We look forward to meetig with the Common th eveng.
Sincerely,
II \(
JoAn C. Butler
JCB:gs
c (via email):Client
Plg &: Zoning Commissioners
Steve Hasson
HethOark
BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-E-09-26
IDAHO POWER COMPANY
ATTACHMENT H
Quest letter to City of Kuna
Mary S. Hobson
Attorney & Counselor
999 Main, Suite n03
Boise, ID 83702
208-385-8666
November 26, 2008
VIA EMAL DELIVERY
Steve Hasson, AICP
Plang & Zoning Deparent
City ofKuna
Kuna, ID 83634
RE: Zoning Ordinance Amendment 08-07-Z0A
Dear Mr. Hasson:
I represent Qwest Corporation, the incumbent local and long distance
telecommuncations provider in the City of Kuna. In that capacity I have been asked to
review certin proposed amendments to the City of Kuna's Overlay District Ordinance
including paragraph "N" to section 5-2A-5.
Ths provision proposes banng "new utility poles or height extensions to existing utility
poles" in the overly district. Qwest strongly objects to the addition of this language to the
Overlay District Ordinance because it elimnates an importt, cost-effective method of
placing telecommunications facilties without regard whether any paricular pole
installation impacts public safety. Idaho Code § 62-701 provides that" telephone
corporations may constrct or instal telephone lines along, beneath the surface of or
upon any public road or highway. . . and may erect or instal poles, posts, piers or
abutments for supporting . . . fixtues of their lines in such maner and at such points as
not to incommode the public use ofthe road or highway. ." Since the proposed
ordinance language purorts to prohibit utility poles without regard to whether their
placement "incommode ( s)" the public use or road or highways, it appears to be
inconsistent with the statute and the right of Qwest and other telephone corporations to
use the public right of way to provide service.
The proposed ordinance language also overlooks critical policy considerations.
Telephone corporations and other utilities have historically been granted use of public
rights-of-way for instalation of their facilities because such use serves to keep the costs
of telephone and utility services low thereby serving the public interest. A blanet
prohibition of the use of utility poles will force up costs to the detrment of
companies like my client and the public they serve. In the absence of a legitimate
public safety concern, forcing more expensive placement alternatives on service
providers unfairly shifts the costs of optional public improvements (e.g., the "scenic
corridor" concept) fromthose who directly benefit ( commercial interests, land
developers, etc. ) to utility and telephone customers including the poor, the elderly and
those on fixed incomes. Whle scenic improvements are certainly legitimate and even
laudatory undertakings, the costs of such projects should be clearly understood and
properly borne by those that will enjoy a direct economic benefit from them. The
proposed ordinance language wil serve to obscure the real costs of such projects and
spread those costs to many who canot afford them.
Qwest understands the City's interest in maintaning the safety and utility of the roads
and highways within its city limits and pledges to work with the City to assure that use of
the public rights-of-way is not adversely impacted by the installation of its facilties.
However, a blanet prohibition goes too far and creates the potential for cost shifts that
will har some City residents and unairly benefit those who have the abilty to pay.
Than you for your consideration of these comments. If you would like to discuss this
matter fuher, please feel free to contact me.
Very try yours,
Mar S. Hobson
BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-E-09-26
IDAHO POWER COMPANY
ATTACHMENT I
Planning and Zoning Commission Denial of
Idaho Power's Transmission Corridor Proposal
(i City of Kuna
P.O. Box 13
Kuna, ID 83634
Phone: [phone]
Fax: [phone]
Web: www.cityofkna.com
June 16, 2009 Version
To:City Council
From:Troy Behunin, Planner II
Subject:An update of the City's 2003 Comprehensive Plan to include an
accompanying Future Land Use Plan Map that features a proposed Area
of City Impact (ACI) and a future planning area (referral area). City staff is
also proposing the adoption of a future acquisition map and a Capitol
Improvement Plan (CIP) as part of the update process.
File Number:08-02-CPA
Hearing Date:July 7,2009
Applicant:City of Kuna
Planning and Zoning Commission Recommendation:
On May 27, 2009 the Kuna City Planning and Zoning Commission voted 3-0 recommending
approval of the proposed Comprehensive Plan update including an accompanying Future
Land Use Map (FLU) which features a proposed Area of City Impact (ACI), a future
planning area (referral area), adoption of a future acquisitions map and a Capitol
Improvement Plan (CIP), with David Case absent at time of the vote; subject to the following
recommendations:
The FLU Map without the proposed Idaho Power Transmission line easement.
Inclusion of the lands north of Lake Hazel and south of Amity Road into the Planning
area boundary.
Inclusion of the Desert View Subdivision into the Area of City Impact boundary.
Remove the Brad Thornton 40 acre parcel along Peon Road from the Area of City
Impact boundary.
Deny Margo Whales request to change the land use designation on surrounding
parcels not in her ownership.
City Council Decision:
Summary of the Plan:
A Comprehensive Plan is equivalent to the City's constitution and is intended to
articulate the conditions and objectives which guides the community's future
growth and development. It is considered a work in progress and therefore needs
to be updated on a regular basis to assure it reflects the community's land use
beliefs.
File No. #08-02-CPA EXHIT 1
Comprehensive Plan and Future Land Use Map Amendment
Page lof9
0611/(1
The City's current Comprehensive Plan was constructed in 2003 when Kuna was
a fraction of its current size.
In recognition of this fact, the City Council, with cooperation from the Kuna
Planning and Zoning Commission, initiated a Comprehensive Plan update to
refine the community's growth and development blueprint.
As part of this evaluation pursuit, the City acquired the services of a planning firm
known as CRSA. This action occurred in the fall of 2007. This firm was hired to
help the City construct various land use products including a future acquisitions
map, Area of City Impact (ACI), Capital Improvements Plan (CIP) and
Comprehensive Plan.
The Comprehensive Plan includes a map (known as the Future Land Use Map)
that is intended to provide a vision of how and where the City intends to grow and
develop.
To aid in the establishment of the future land use map boundaries, the City
Council conducted a series of public hearings in the summer of 2008 for purpose
of gaining citizen input into the establishment of this area.
After receiving testimony from approximately 100 individuals, the City Council
determined to establishe an approximate 70 square mile study area to serve as
the starting point for construction of the City's future land use planning area and
corresponding map.
The future land use planning map includes an expanded ACI that encompasses
the City within the unincorporated area of the County. The ACI is the area where
the City anticipates it wil grow and extend City services as the need for that
action arises.
The construction of this portion of the future land use map involved the
participation of more than 50 property owners who live within the designated
area.
The ACI delineation went through many iterations before arriving at its present
construction. The map's formation is intended to assist Kuna and Ada County
determine the City's area of impact in accordance with the provisions of an
agreement Kuna has with Ada County regarding ACI boundary formation and
jurisdictional protocol within that area.
The Plan update features an analysis of the 14 planning components identified in
Idaho Statute 67-6508 that need to be addressed in a Comprehensive Plan to
include maps, charts and reports based on those components.
Staff, with significant input from our consulting firm, and the general public has
constructed policy statements, goals and objectives for each of these component
parts that are believed to reflect on local constituency's current land use beliefs
and community values.
The Plan update includes a future acquisition map intended to designate lands
proposed for acquisition by a public agency for a maximum 20 years in keeping
File No. #08-02-CP A EXHIT 1
Comprehensive Plan and Future Land Use Map Amendment
Page 2of9
06/17/\1
with the provisions of Idaho Statute 67-6517. The Plan also features a method of
benchmarking the community's goals and objectives should the City be inclined
to measure them.
The Plan update includes a Capital Improvement Plan that identifies the
community's near future capital improvements needs, their approximate location
based on best available information, year of construction and proposed methods
of financing.
The construction of a Capital Improvement Plan makes the City eligible to
conduct an impact fee evaluation for purposes of enhancing the City's revenue
stream.
As part of this planning effort, the Kuna City Council assembled a
Comprehensive Plan Steering Committee to help guide the development of these
land use products.
These dedicated citizens have met several times over the past two years and
helped refine this document and its various attachments.
Since this Plan's initiation, the Kuna City Council, Planning and Zoning
Commission, City staff, Steering Committee and the general public have spent
countless hours considering a host of issues and concerns relevant to the
Community's long term growth and development.
The City staff believes this document and its many attachments are ready for
public review and possible adoption.
A copy of the updated Comprehensive Plan document to include charts, maps
and graphs is available for public inspection or purchase at the Kuna Planning
Department.
Plan Adoption Process:
The Plan adoption process has two parts: First, the Kuna Planning and Zoning
Commission wil hold a public hearing and after the public input, arrive at a
recommendation which is forwarded to the Kuna City Council who wil act upon
the recommendation.
The Commission must give public notice prior to the hearing to include the time
and place of the public hearing and a summary of the Plan. The Plan summary
and future land use plan map need to be placed in the newspaper of general
circulation at least 15 days prior to the Commission's public hearing. Public
service notices shall also be made available to other media outlets and according
to the same 15 day timeframe.
Notice of the Plan update and map amendment need to be sent to all political
jurisdictions providing services within the planning jurisdiction, to include the
school districts, within the same notification time period.
If the Commission recommends a material change to the plan after conducting
the public hearing it must give notice of the change and conduct another public
hearing concerning the matter if the governing board is not going to conduct its
File No. #OS-ü-CPA EXHIT 1
Comprehensive Plan and Future Lad Use Map Amendment
Page 3 of9
06/17/æ
own hearing (the assumption is they will hold a second public hearing and more if
necessary).
After the Commission has concluded the public hearing process, it wil
recommend to the City Council they consider adopting or amending the Plan.
The City Council may act upon the Commission's recommendation, or may
choose to conduct its own public hearing on the comprehensive plan update. If
the City Council determines to hold its own hearing, it must include a description
of the Commission's recommendations in its noticing procedure.
The Council's notice requirements are the same as the Commission's. If the
Council makes material changes to the recommendation, it must provide further
notice and hearing.
The Plan is not effective until the governing board approves a resolution adopting
it. A copy of the amended map shall accompany the resolution and be kept on
file with the City Clerk.
It should be noted the Comprehensive Plan update public notices feature two
future land use maps for the Commission and Council's consideration after
appropriate public input.
The one map identifies future land use assemblages and map designations
relying upon citizen input to date. The second map reflects the public input
received to date as well as a recent land use proposal submitted by Idaho Power
to extend a 500,000 kV line through the southern reaches of the City.
Hence, the second map has been constructed to depict the power transmission
corridor because it is a prominent land use feature which warrants public
assessment as part of the Plan update.
Conclusions of Law:
The Kuna Planning and Zoning Commission and City Council conclude that:
The City has followed the procedure for adoption of a Comprehensive Plan
according to the provisions of Idaho Code 67-6509.
The City has also followed its procedures for adoption of a Comprehensive Plan
in accordance with City Code 5-1A-3(B).
The City has considered previous and existing conditions, trends, desirable goals
and objectives or desirable future situations for each planning component in
accordance with the provisions of Idaho Code 67-6508
A map has been prepared indicating suitable projected land uses for the
jurisdiction in accordance with Idaho Code 67-6508(e).
A future acquisition map has been constructed in accordance with the provisions
of Idaho Code 67-6517.
File No. #08-0-CPA EXlIT 1
Compehensive Plan and Future Lad Use Map Amndment
Page 4 of9
0611/('
A Capital Improvement Plan has been constructed according to Idaho Code 67-
8208.
The proposed Plan is not detrimental to the health, safety and general welfare of
the public.
The proposed Plan meets the general objectives of the existing Comprehensive
Plan and those of the City.
Findings of Fact:
The Kuna Planning and Zoning Commission and City Council Find:
The City of Kuna has gone through an extensive Comprehensive Plan update
process that has involved ongoing citizen participation over an approximate 18
month period of time.
The Plan as proposed includes maps, charts and reports consistent with the
expectations of the Local Land Use Planning Act (LLUPA).
The Plan includes the fourteen specific components required by LLUPA.
The Plan includes all land within the jurisdiction of the governing board to include
the designated area of city impact outside the city boundaries.
The Plan anticipates the City of Kuna and Ada County wil decide which
jurisdiction's comprehensive plan applies in the area of city impact according to
Idaho Code 67-6526.
Public notices were published in the Kuna Melba on April 29, May 6,
and May13, 2009 in anticipation of the Planning and Zoning Commission meeting
- these providing a summary of the Plan, future land use maps and date, place
and time of public hearing.
The Kuna Planning and Zoning Commission held a properly posted and noticed
public hearing on May 14 and 27,2009; a transcribed record was made of the
public hearing.
The Kuna Planning and Zoning Commission reviewed correspondence and staff
reports and received public testimony on May 14th and 27th, 2009.
Public notices were published in the Kuna Melba News on June 17, 2009, June
24, 2009 and July 1, 2009 in anticipation of the City Council meeting - these
providing a summary of the Plan, Future Land Use Maps and date, place and
time of public hearing.
The Kuna City Council held a properly posted and noticed public hearing on July
7,2009; a transcribable record was made of the public hearing.
The Kuna City Council reviewed the Kuna Planning and Zoning Commission's
recommendation and received public testimony about the proposed
comprehensive plan update during the course of the council meeting.
All procedural items have been completed.
File No. #08-0-CPA EXHIT 1
Comprehensive Plan and Future Lad Use Map Amendmnt
Page 5 of9
06/17/fY
The project description is correct.
The summary of the Plan is an accurate portrayal of the comprehensive planning
process.
The proposed Plan is consistent with applicable Idaho State statues and City
code.
The Comprehensive Plan Future Land Use Map of the City of Kuna was last
updated in 2003, more than six (6) months prior to this proposaL.
Project Description( s):
The proposed planning boundary of the Comprehensive Plan Future Land Use
Map (F.LU.) is shown with a blue line on the F.LU. Map. The proposed Area of
City Impact (ACI) is shown with a red line on the F.LU. Map.
LEGAL DESCRIPION FOR KUNA'S PROPOSED PLANNING AREA:
Commencing at the northwest corner of Section 33, Township 3 North Range 1 West also being the
intersection of W Amity Rd and S McDermott Rd, Thence south 8.5 miles to the corner common with
Sections 8 & 9 of Township 1 North Range 1 West; Thence east 6 miles to the corner common with
Sections 8 & 9 of Township 1 North Range 1 East; Thence south 1.5 miles to a point in the center of
the E Poen Rd; Thence east 4 miles along the E Poen Rd alignment; Thence north 5.33 miles along
the S Cole Rd alignment to the intersection of W Ten mile Creek Rd; Thence in a northwesterly
direction for 2.79 miles more or less to the intersection of W Hubbard Rd; Thence west 1 mile along
W Hubbard Rd to the intersection of S Cloverdale Rd; Thence north 0.5 miles along S Cloverdale Rd;
Thence west 0.5 miles to the center of said Section 28; Thence north 0.5 miles along S Terben Ln to
a point at the intersection of EKing Rd; Thence meandering briefly northeast prior to heading due
east along EKing Rd to the intersection of said road and S Cloverdale Rd; Thence north 0.5 miles
along S Cloverdale Rd to a point that is 660'+/- north of the intersection of S Cloverdale Rd and E
Faith Ln; Thence west 1.5 miles to the center of Section 8, Township 2 North Range 1 East; Thence
north 0.5 miles to a point in the center of E Columbia Rd; Thence west 1 mile along E Columbia Rd to
the intersection of S Jardine Ln; Thence north 2 miles to a point in center of W Amity Rd; Thence
west 4.5 miles along W Amity Rd to the Point of Beginning;
Said area contains74.60 square miles more or less.
LEGAL DESCRIPION FOR KUNA'S PROPOSED IMPACT ARE:
Commencing at the southwest corner of section 33, Township 3 North Range 1 West also being the
intersection of Lake Hazel Rd and S McDermott Rd, Thence south 7.5 miles to the corner common
with Sections 8 & 9 of Township 1 North Range 1 West; Thence east 6 miles to the corner common
with Sections 8 & 9 of Township 1 North Range 1 East; Thence south 1.5 miles to a point in the
center of the E Poen Rd; Thence east 3 miles along E Poen Rd; Thence north .25 miles along the
east boundary of said Section 14; Thence west.5 miles along the south 1/161h line of said Section 14;
Thence north 1.5 miles to a point being the southwest corner of the Northwest v. of the Northeast v.
of Section 11, Township 1 North Range 1 East; Thence east .5 miles to a point being the southeast
corner of the Northeast v. of the Northeast v. of Section 11, Township 1 North Range 1 East; Thence
north .94 leagues to the intersection of W Kuna Rd and S Maple Grove Rd; Thence west 80 chains
to the intersection of W Kuna Rd and S Five Mile Rd; Thence south .5 miles along S Five Mile Rd;
Thence east.5 miles to the center corner of said Sections 26; Thence south .5 miles to the common
corner of Sections 26 & 35 Township 2 North Range 1 East; Thence west 1.5 to the intersection of S
File No. #08-ü-CP A EXIIT 1
Comprehensive Plan and Future Lad Use Map Amendment
Page 6of9
0611/æ
Cloverdale Rd and EKing Rd; Thence north 40 chains along S Cloverdale Rd; Thence west .5 miles
to the center of said Section 28; Thence north .5 miles along S Terben Ln to a point at the
intersection of EKing Rd; Thence meandering briefly northeast prior to heading due east along E
King Rd to the intersection of said road and S Cloverdale Rd; Thence north 2.5 miles along S
Cloverdale Rd to a point that is 660'+/- north of the intersection of S Cloverdale Rd and E Faith Ln;
Thence west 1.5 miles to the center of Section 8, Township 2 North Range 1 East; Thence north .5
miles to a point in the center of E Columbia Rd; Thence west 1 mile along E Columbia Rd to the
intersection of S Jardine Ln; Thence north 1 mile to a point in center of Lake Hazel Rd; Thence west
4.5 miles along Lake Hazel Rd to the Point of Beginning;
Said area contains 58.79 square miles more or less.
Map 1 - Kuna's Future Land Use Map - As of July 1, 2009
ClíYOf KU
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LEGEND
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File No. #08-02-CPA EXHIT 1
Comprehensive Plan and Future Lad Use Map Amendment
Page 7 of9
06/17/00
Alternate Map 2 - Kuna's Future Land Use Map with proposed Idaho Power's 500 kV Line -
As of May 27, 2009
ClíYOf KU
fii i.M1tJ i. Ml
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LEGEND
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-IWRM.1lE:en~1WCP~W_,l
Procedural Notification Process (draft format subject to change):
1. Application was initiated by April 24, 2009
2. On April 24, 2009 copies of the proposed land use action were sent out
to governmental agencies.
3. On April 29, May 6, and May13, 2009 a summary of the proposed
land use action was published in the KunalMelba Newspaper, the official
paper of the City, and more than fifteen (15) days prior to the hearing.
File No. #08-02-CPA EXHIT 1
Comprehensive Plan and Future Lad Use Map Amendment
Page 8 of9
0611/00
4 A public hearing is scheduled for May 14, 2009 before the Planning
and Zoning Commission to allow interested persons an opportunity to
be heard.
5. The Planning and Zoning Commission wil forward a recommendation
to the City Council after hearing public testimony and due
consideration.
6. A public hearing is scheduled for July 7, 2009 before the City Council to
allow interested persons an opportunity to be heard.
7. A summary of the Kuna City Council's proposed land use action will be
published in the Kunal Melba Newspaper on June 17, 24, and July 1,
2009, and more than fifteen (15) days prior to the hearing.
Exhibits:
Exhibit 1 City staff report
Exhibit 2 Aaency Transmittal dated April 24, 2009
Exhibit 3 COpy of Notice for Publications sent
Exhibit 4 Copy of Idaho Statute Section 67-6509
ExhibitS COpy of the proposed Comprehensive Plan - Text
Exhibit 6 Map 1 - Future Land Use Mao
Exhibit 7 Map 2- Future Land Use Mao with proposed Id power transmission line
ExhibitS Citizen and Prooerty owners reauest letters
Staff Recommendations:
After a thorough review and analysis of this Comprehensive Plan
proposal to include an evaluation of its components and compliance with
Kuna City Code sections 5-1 A - 1, 2, 3 and 7 and 5-15 - 3, 4 and 5 as
well as Section 67-6507, 8, 9, 17 and 26 of Idaho State Code, staff
recommends approval of these comprehensive planning products with
the following clarification:
Two future land use maps are presented for the Commission and
Council's consideration. The one map identifies land use assemblages
and designations relying upon citizen input. The second map reflects the
public input received as well as a proposal by Idaho Power to extend a
500,000 kV line through the southern reaches of the City.
Staff recommends approval of the Comprehensive Plan future land use
map without the Idaho Power 500,000 kV line running through the
southern portion of Kuna (and specifically through Osprey Ridge
Subdivision).
ATIEST:
J. Scott Dowdy
Mayor, Kuna City
Lynda Burgess
City Clerk
File No. #OS..-CPA EXHIT 1
Comprehensive Plan and Futue Lad Use Map Amendment
Page 9 of9
0611~(1