Findings - CC - 2018 - DR-39-18 - 138-Kv Transmission Line (Approximately 77 Poles)BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR A 138 -KV
TRANSMISSION LINE (APPROXIMATELY
77 POLES) FOR IDAHO POWER COMPANY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -39-18
The above -entitled design review application came before the Eagle City Council for their action on
September 25, 2018. The Eagle City Council having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Idaho Power Company, represented by Jeff Maffuccio, is requesting design review approval to
construct a 138 -kV transmission line (approximately 77 poles). The transmission lines will be located
on the south side of West Beacon Light Road (from State Highway 16 to North Linder Road) and the
east side of State Highway 16 (from State Highway 44 to West Beacon Light Road).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 19, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 25, 2018, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
In 2006, Ada County Planning and Zoning Commission approved a conditional use permit for the
construction of an electrical substation on the southeast corner of Beacon Light and Linder Road.
On November 27, 2007, the Eagle City Council approved a conditional use permit for a public service
facility/height exception request (92 -feet) for a 230 -kV & 138 -kV sub -transmission line along State
Highway 16 for Idaho Power (CU -09-07).
On August 22, 2017, the City Council approved a conditional use permit application to construct a 138 -
kV above -ground transmission line along the south side of West Beacon Light Road (extending from
the substation site located on the southeast corner of West Beacon Light Road and North Linder Road)
to State Highway 16 and extending south on the east side of State Highway 16 to State Highway 44
(CU -04-17).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Commercial,
Professional
Office/Business Park,
Mixed Use,
Neighborhood
Residential, Compact
Residential, Community
Center, and Scenic
Corridor
No Change
Community Center,
Compact Residential,
Large Lot Residential,
Transition Overaly
Community Center,
Compact Residential,
Neighborhood
Residential
Community Center,
Compact Residential,
Neighborhood
Residential, Mixed Use,
Transition Overlay,
Professional
Office/Business Park,
Commercial
Not located within the
City of Eagle
Comprehensive Plan
ZONING
DESIGNATION
MU -DA (Mixed Use with a
development agreement), R-
2 -DA -P (Residential with a
development agreement —
PUD), RUT (Ada County
Designation), and R 1 (Ada
County Designation)
No Change
MU -DA (Mixed Use with a
development agreement), R -E
(Residential Estates), A -R-
DA (Agricultural Rural with a
development agreement), and
RUT (Ada County
Designation)
MU -DA (Mixed Use with a
development agreement), R-
2 -DA -P (Residential with a
development agreement —
PUD), and RUT (Ada County
Designation)
RUT (Ada County
Designation, R1 (Ada County
Designation), and R -2 -DA -P
(Residential with a
development agreement —
PUD)
LAND USE
ACHD right-of-way,
agriculture, single family
residential
138 kV power
transmission line
Agriculture, single-family
residential
Agriculture
Agriculture
R1 (Ada County Designation) Agriculture
and RUT (Ada County
Designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The transmission line route is proposed to follow existing ACHD right-of-way along the south side of
West Beacon Light and ITD right-of-way on the east side of State Highway 16. The surrounding
properties are single-family residential or agriculture.
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I. GENERAL SITE DESIGN FEATURES: N/A
J. POLE DESIGN FEATURES:
Pole: Steel (Grey/weathered rust look)
K. LANDSCAPING DESIGN: N/A
L. TRASH ENCLOSURES: N/A
M. MECHANICAL UNITS: N/A
N. OUTDOOR LIGHTING: N/A
O. SIGNAGE: N/A
P. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City.
Q. PUBLIC USES PROPOSED: None.
R. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
S. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek — yes — the proposed transmission lines would cross several irrigation canals
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
T. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
U. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Andeavor (fka Tesoro Logistics NW Pipeline)
Eagle Fire Department
Idaho Transportation Department
Star Fire Department
V. LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the
following:
4.9 ELECTRICAL SERVICE
_Tectrrcal Services are provided to tFie City of Eagle
and most of southwest and eastern Idaho by Idaho
Power Company (IPC). Idaho Power Is an electric
utility engaged in the generation, transmission,
distribution, and purchase of electric energy and is
regulated by the Federal Energy Regulatory
Cornrrnsslon (FERC) arid the state regulatory
commissions of Idaho and Oregon. With 17 low-cost
hydroelectric projects as the core of our generation
portfolio, our residential, business and agriculture
customers pay some of the nation's lowest prices for
electricity.
System wide, Idaho Power's peak demand grows
approximately 50 megawatts (MSV) annually_ That's
roughly equal to adding a city the site of Eagle each
year. As regional infrastructure improvements are
planned, Idaho Power would like to be involved early
in order to plan necessary capacity additions like
transmission lines and substations. It takes years to
plan and implement changes to electrical utility
systems. For comprehensive planning purposes,
Idaho Power's transmission and distribution lines
should be considered essential transportation
components. IPC doesn't transport people but they
do transport energy, and they often follow the same
route. As transportation corridors are defined and
developed, Idaho Power would like to be involved in
the process and establish the complementary use of
these corridors for energy transportation In 2012,
Idaho Power, in consultation with local jurisdictions,
agencies and citizens, adopted the Eastern Treasure
Valley Electrical Plan (ETVEP) The purpose of the plan
is to establish clear expectations between IPC, laird
use agencies, and the general public for the provision
and expansion of electrical service within the valley_
The goals of the ETVEP are:
1. Promote economic development;
2. Support existing business, property rights,
and land uses;
3. Be sensitive to agriculture;
4. Encourage positive Interaction between
communities;
5. Be aware of environmentally sensitive areas;
6_ Consider community character;
7. Continue to meet power needs and prepare
for the future; and
S. Be as efficient as possible.
4.9.1 ELECTRICAL SERVICE GOAL
WORK COOPERATIVELY WITH THE IDAHO POWER COMPANY TO PROVIDE SAFE,
RELIABLE AND FAIR -PRICED ENERGY SERVICES THAT KEEP PACE WITH AND
COMPLEMENT NEW AND ORDERLY DEVELOPMENT WITHIN THE AREA OF CITY
IMPACT & THE EAGLE FOOTHILLS AS ENVISIONED IN THIS COMPREHENSIVE PLAN.
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4.9.2 OBJECTIVES
A. Work to ensure that all u0lities are undergrounded at the time of development, up to and including 34.SkV.
(See Map 4.3)
B. Designate the general locations arid visual Impacts oI existing and proposed electric facilities.
C. The City of Eagle's plan for electroc utility facilities will be formulated, interpreted, and applied in a manner
consistent with and complementary to the serving utility's public service obligations.
D. Decisions made by the City of Eagle regarding electric utility facilities within the City and A01 will be rnade
in a mariner consistent with and complementary to regional electrical demands and resources.
E. Planning by the City of Eagle for electric utility facilities development will be coordinated with planning by
other jurisdictions for electric utility facility development
F. Work t0 encourage corrHIw imicatiun and cooperation on landscape, design, and location o1 future facilities
to limit visual impacts and co -locate with other utility provideis when feasible
1
f
f
EAGLE CITY LIMITS
PREFERRED 138 kV TRANSMISSION LINE PREFERRED HUB SUBSTATIONS
PREFFERED 230 kV TRANSMISSION LINE
ALTERNATIVE 138 kV TRANSMISSION LINEAPREFERRED DISTRIBUTION SUBSTATION
EXISTING TRANSMISSION
PERMITTED 138 kV TRANSMISSION LINE 4EXISTING SUBSTATION
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B. CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
3. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning
Department prior to commencing construction (ECC 8-7-2[A]).
4. The maximum height shall be determined by the applicant's engineer and indicated on the site
plan included with the design review application.
5. The applicant shall submit a design review application for the appearance and location of the poles.
The application shall be reviewed and approved by the Design Review Board prior to the issuance
of a zoning certificate.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6: DESIGN REQUIREMENTS, OBJECTIVES, AND
CONSIDERATION:
A. General Objectives And Considerations: The following apply to the entire Design Review
Overlay District including the DDA, TDA, CEDA, and DSDA. Additional requirements for
the DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this section
and, to the extent there is a conflict with this section, the requirements for the DDA, TDA,
CEDA, and DSDA shall control. The following, including the provisions set forth in the
Eagle Architecture and Site Design Book, contains a listing of objectives applied to each
application, and a listing of matters which shall be considered by the Design Review Board.
The objectives are separated into two (2) sections: site design and building design. Specific
aspects of design should be examined to determine whether the proposed development will
provide a desirable environment for its occupants as well as for its neighbors, and whether,
aesthetically, the composition, materials, textures and colors meet the intent of this article.
The design review board shall consider the following criteria in reviewing the application:
1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent
streets, provide for the pedestrian, and provide appropriate, safe parking lot design.
a. The functional relationship of the structures and the site in relation to its surroundings;
b. The impact and effect of the site development plan on traffic conditions on contiguous
streets and adjoining properties or neighborhoods;
c. The site layout with respect to separation or integration of vehicular, pedestrian and
bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access points,
building location and total site development to prevent traffic conflict or congestion;
e. The location, arrangement and dimensions of truck loading ramps, docks, and bays and
vehicle service facilities;
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f. The access, parking lot, and interior roadway illumination plans and hours of operation;
g. The required driver, pedestrian and bicycle sight distance requirements of the project
and their relationship to adjacent streets, driveways and properties;
h. The coordination of the site development with planned right of way alignments,
acquisitions and street improvements;
i. The graphic delineation of traffic circulation patterns to avoid confusion, congestion and
conflicts;
j. The continued maintenance of traffic, parking and lighting systems;
k. The protection of views and vistas in relation to urban design and aesthetic
considerations; and
1. The provision of safe pedestrian and bicycle connections between neighborhoods and
commercial areas.
D. DISCUSSION:
• The applicant is requesting design review approval to construct a 138 kV transmission line
consisting of 77 poles. The applicant has identified three different styles of poles that will be
utilized. The three types include: a double circuit transmission pole along Beacon Light Road,
single circuit transmission pole along State Highway 16, and a double circuit "dead-end"
transmission pole located at the intersections of State Highway 16 and State Highway 44, State
Highway 16 and Beacon Light Road, and in the Beacon Light Road substation. Pursuant to the
applicant's justification letter, the poles are proposed to be constructed of steel and finished to
look "weathered" or a brown -rust color. Staff defers comment regarding the design and color of
the poles to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on August 23, 2018,
at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 35:10)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• Preference for the weathered rust color versus a gray color for the color of the steel poles.
• Concerns about the 70 -foot to 80 -foot tall poles proposed along Beacon Light Road since Beacon Light
Road is a residential road and there is potential for the road to be widened in the future. The Board
would prefer the power lines be buried along Beacon Light Road or the power poles to be limited to
approximately 40 -feet tall.
• The power poles proposed adjacent to Highway 16 are acceptable since there is a significant amount of
right-of-way area to install them.
• The power poles are not aesthetically pleasing.
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BOARD DECISION:
The Board made a motion to recommend approval of DR -39-18 for a design review application for a 138 -
kV transmission line (approximately 77 poles) for Idaho Power Company, with the staff recommended
site specific conditions of approval and standard conditions of approval, however, the motion did not pass
as the vote was 3 to 3 (Nay — Brasher, Germano, Sayer) (Schafer absent).
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on September 25, 2018, at
which time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 3 to 0 (Bastian absent) to approve DR -39-18 for a design review application for an
above -ground 138 -kV transmission line (approximately 77 poles) for Idaho Power Company, with the
following staff recommended site specific conditions of approval and standard conditions of approval
with underline text to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of CU -04-17.
2. The applicant shall provide copies of all easement agreements associated with the 77 poles prior to
issuance of a zoning certificate.
3. Comply with all applicable provisions of Title 10, Flood Control, of Eagle City Code.
4. The applicant shall coordinate with the City of Star and Ada County for any poles located on parcels
that are not within Eagle City limits.
5. No signs are proposed with this application and none are approved.
6. The steel poles shall be a weathered rust color.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
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project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
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City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
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22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. 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.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR -39-18) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and the 138 -kV transmission line is permitted with a conditional use permit
and a design review application within the MU -DA (Mixed Use with a development agreement)
and R -2 -DA -P (Residential with a development agreement — PUD) zoning districts;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed transmission lines are similar in height
and style as other utility infrastructure throughout the City;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district — Not applicable to this application;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural since the poles
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will be a weathered rust color which will help blend into existing and future landscaping adjacent
to roadways;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the transmission
line will be located along the most preferred route and the poles will be a weathered rust color
which will blend in with existing and future landscaping;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
consideration since the lines will be visible along the corridor, however, they will be located on the
approved route and the poles will he a weathered rust color to blend in with the surrounding views;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable with this
application:
H. Is in the interest of' public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential area since the transmission
line will not restrict a walkable environment, and the electrical system is needed to continue to
serve existing and future customers; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features — Not applicable to this application.
DATED this 25''' day of September 2018.
CITY COUNCIL
OF THE CiTY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
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Sharon K.: rgmann, Eagle City CI
OF EAG
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Reconsideration Notice- Applicant has the right. pursuant to Section 67-6535. Idaho Code, to request a reconsideration within
fourteen (14) days of the final written decision.
Patle 12 of 12
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