Findings - PZ - 2001 - CU-23-00 - Height Exception Request For Reconstruction, Upgrade/Re-Routing 69Kv Powerl
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR PUBLIC SERVICE
FACILITY/ HEIGHT EXCEPTION REQUEST AND
138KV SUB-TRANSMISSION LINE RECONSTRUCTION
FOR IDAHO POWER COMPANY
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-23-00
The above-entitled conditional use application came before the Eagle Planning and Zoning Commission
for their recommendation on February 20, 2001. The Eagle Planning and Zoning Commission having
heard and taken oral and written testimony, and having duly considered the matter, makes the following
Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Idaho Power, represented by Layne Dodson, is requesting conditional use approval for a
height exception request and for the reconstruction, upgrade, and re-routing of an
existing 69kv power line to accommodate a 138kv sub-transmission line and placement
of existing distribution lines underground. The new line will replace a portion of the
existing facility which generally extends from the Eagle Substation (located on the south
side of State Street approximately 350-feet east of 2nd Street) west to Ballantyne Road.
The specific routing of the 138kv line is as follows: starting at the Eagle Substation, the
line will extend north to the alleyway north of State Street and then extend west to a point
approximately 300-feet west of Park Road, then extending south connecting back to State
Street and continuing west along State Street to Ballantyne Road. The distribution lines
are proposed to be buried underground in the area within the sub-transmission corridor
including the burial of the distribution lines within the alleyway south of State Street
between the Eagle Substation and Park Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 6,2000.
C.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on January 20, 2001. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on January 18, 2001. Requests for agencies' reviews were transmitted
on December 6, 2000 in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 23, 1996, the Eagle City Council approved a conditional use permit for
capacity upgrades to the Eagle Substation located at 315 E. State Street.
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Businesses /
/ Residential Four (4- District)/R-4 (Residential) Re si dence srI ransmissi on
units per acre max.) / R-2 (Residential) / A Power Line
Residential Two (2-units (Agriculture)
per acre max.) / Mixed
Use
Proposed No Change No Change Businesses /
Re s iden c e srI ransmi s s i on
Power Line
North ofsite Central Business District CBD (Central Business Businesses /
/ Residential Four (4- District)/R-4 (Residential) Residences/T ransmissi on
units per acre max.) / R-2 (Residential) / A Power Line
Residential Two (2-units (Agriculture)
per acre max.) / Mixed
Use
South of site Central Business District CBD (Central Business Businesses /
/ Residential Four (4- District)/R-4 (Residential) Residences/T ransmissi on
units per acre max.) / R-2 (Residential) / A Power Line
Residential Two (2-units (Agriculture)
per acre max.) / Mixed
Use
East of site Central Business District CBD (Central Business Businesses /
/ Residential Four (4- District)/R-4 (Residential) Re s iden ces/T ransmi s s i on
units per acre max.) / R-2 (Residential) / A Power Line
Residential Two (2-units (Agriculture)
per acre max.) / Mixed
Use
West of site Central Business District CBD (Central Business Businesses /
/ Residential Four (4- District)/R-4 (Residential) Residenc e srI ransmi s s i on
units per acre max.) / R-2 (Residential) / A Power Line
Residential Two (2-units (Agriculture)
per acre max.) / Mixed
Use
G.
DESIGN REVIEW OVERLAY DISTRICT:
Located within the DDA (Downtown Development Area), TDA (Transitional Development
Area) and the CEDA (Community Entry Development Area).
H.
EXISTING SITE CHARACTERISTICS:
The existing power line is within an easement which extends through both residential and
commercial areas of the City.
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I.
J.
K.
SITE DESIGN INFORMATION: N/a
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No buildings are proposed.
Height and Number of Stories of Proposed Buildings:
No buildings are proposed, however, the height of the sub-transmission line poles are
proposed to be 56-feet through the downtown area and 75-feet (maximum) through the
remainder of the corridor.
Gross Floor Area of Proposed Buildings: N/a
On and Off-Site Circulation:
Other than the existing Eagle Substation, which has a maintenance access, the power line
easement abuts public rights-of-way and no other public access is proposed.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters have been provided by Central District Health Department
and Eagle Fire Department. Letters from water and sewer entities, as well as other
affected utilities, are required prior to the issuance of any permits.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - A portion of this site is designated a Special
Area and a Hazard Area in the Comprehensive Plan
Evidence of Erosion - unknown
Fish Habitat - unknown
Floodplain - yes
Mature Trees - yes
Riparian Vegetation - unknown
Steep Slopes - unknown
Stream/Creek - yes
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Provided that no new structures (poles) will be constructed within the floodway, an EAP
is not required. However, depending on the degree of ground disturbance due to the
placement of the new line, a Floodplain Development Permit may be required.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
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Ada County Highway District
Central District Health
Eagle Fire Department
Q.
LETTERS FROM THE PUBLIC:
Letter from LJ. Fuller, dated January 23, 2001
R.
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing
that such use at the proposed location:
A.
B.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title
(Eagle City Code Title 8) for the zoning district involved;
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive PIan and/or this title (Eagle City Code Title 8);
C.
Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses;
E.
Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F.
Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
H.
Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 4 - Schools, Public Services and Utilities
4.2.7
Other Services and Utilities
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Electricity
Appropriate placement of electric utility facilities on public rights-of-way is
encouraged. Public streets and road rights-of-way typically serve as corridors
for electric facilities. Transmission lines are usually located on easements that
IPC (Idaho Power Company) acquires from private property owners. The joint
use of utility corridors is also encouraged, provided that such joint use is
consistent with limitations as may be prescribed by applicable law and prudent
utility practice for existing arId proposed utility facilities.
Additions and improvements to electric utility facilities that enhance the capacity
and reliability of regional resources, particularly when multi -jurisdictional
benefits within the region can be achieved, should be accommodated.
4.5
Implementation Strategies
k.
Recognize the need for electric utility facilities that are sufficient to
support economic development.
1.
Encourage Idaho Power to make additions to and improvements of
electric utility facilities that provide adequate capacity for projected
growth.
Chapter 7 - Natural Resources and Hazard Areas
7.8
Hazard Areas
The Dry Creek floodplain has a potential for flash flooding...
Chapter 11 - Special Areas arId Sites
11.2
Recognized Special Areas and Sites
The Dry Creek Floodplain is designated as a special area due to its ecological
and scenic significance. This area comprises the length of the Dry Creek
Floodplain through the Impact Area.
The State StreetJEagle Road Corridor is designated as a Special area due to its
historical, architectural and scenic significance.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Section 8-2A- 7 (J)(2)( c) & (3)
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated
with any commercial or industrial activity, and off-street loading when adjacent to or in
view from a residential activity or public street right of way, a five foot (5') wide by six
foot (6') high landscaped buffer is required.
3. Materials:
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and
deciduous trees, shrubs, and groundcover in which evergreen plant materials comprise a
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C.
minimum of sixty percent (60%) of the total plarlt material used.
b. Height requirements shall be accomplished with plant material with a fence or
decorative wall.
c. The required buffer area shall result in an effective barrier within three (3) years and
be maintained such that sixty percent (60%) or more of the vertical surface is closed and
prevents the passage of vision through it.
d. Chainlink fencing, with slats or otherwise, is prohibited for screening.
.
Section 8-7-3-5 (D): Conditions Of Permit
Upon the granting of a conditional use permit, conditions may be attached to said permit
including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
.
Section 8-2A-6 (A)(7)(a)
Additional Height Restrictions: All spires, poles, arltennas, steeples, towers, and any
other such structures shall be limited to a maximum of thirty five feet (35'). Additional
height may be permitted if a conditional use permit is approved by the City Council.
DISCUSSION:
.
To accommodate the 138kv sub-transmission line upgrade, it is staff's understanding that the
existing Eagle Substation (located on the south side of State Street approximately 350-feet
east of 2nd Street) will need to be modified and/or upgraded. The justification letter submitted
with this application states in part "This upgrade project provides most of the electrical
infrastructure for the ultimate build-out of Ea¡zle Substation". The Eagle Substation (located
within the downtown Central Business District) was previously determined by the City
Council as being located in arl area that is not suitable as a long term site (as noted within the
meeting minutes for the original conditional use permit) and that future changes/upgrades
may require moving the substation out of the downtown area. It appears from the above
underlined language (noted within the justification letter) that Idaho Power's long term
facility planning efforts include keeping the substation in its current location.
If the City Council determines that the substation can remain in its current location, then staff
recommends the existing chain link fence with slats surrounding the facility be removed
since it does not comply with ECC minimum screening requirements. A new screening
method such as an 8-foot high decorative block (split face CMU) wall should be installed
around the perimeter of the substation. Design Review Board review and approval of the
screen wall should be required prior to the issuarlce of any zoning permits.
.
The existing power line (and new line) travels through an area designated as a "Hazard
Area", specifically the Dry Creek floodplain/floodway. This portion of the floodway is
located on State Street approximately 200-feet east of Riverview Street. The poles currently
supporting the line do not appear to interfere with the floodway and if these poles are to be
utilized for the new line, no disturbances should occur to the existing conditions. However,
if new poles are to be placed in this area, the applicant should be required to obtain a
floodplain development permit prior to any construction.
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supporting the line do not appear to interfere with the floodway and if these poles are to be
utilized for the new line, no disturbances should occur to the existing conditions. However,
if new poles are to be placed in this area, the applicant should be required to obtain a
floodplain development permit prior to any construction.
.
Because the applicant is proposing to reconstruct distribution services to individual parcels
(both commercial and residential), details should be discussed in order to provide a clear
understanding of the effects the construction will have on the parcel owners. Staff
recommends that the applicant present a brief narrative at the hearing on how the distribution
services will be reconfigured.
STAFF RECOMMENDA nON PROVIDED WITIDN THE STAFF REPORT:
If the City Council approves the transmission line facility as proposed by Idaho Power, then
based upon the information provided to staff to date, staff recommends the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
February 5, 2001, at which time testimony was taken and the public hearing remained open. The
Commission continued the application to February 20, 2001. The Commission made their
recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by fourteen (14) individuals concerned with compromise of aesthetic values, need to preserve quality
of downtown, effect on property values, height of poles, width of easements, and EMF transmissions.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
no one (not including the applicant/representative).
D. Written testimony in opposition to this proposal was presented to the Commission by one hundred
forty-one (141) individuals (via petition) who felt the proposed height addition to the power poles
and addition of more lines should not be allowed and the existing lines should be routed outside of
the Central Business District to preserve the quality of the downtown and improve aesthetic values.
The letter date stamped by the City on February 20, 2001, is incorporated into these findings by
reference.
COMMISSION DECISION:
The Commission voted 4 to 0 (Cadwell abstained) to recommend denial of CU-23-00 for a
Conditional Use Permit as proposed by Idaho Power Company for a height exception request and
for the reconstruction, upgrade, and re-routing of an existing 69kv power line to accommodate a
138kv sub-transmission line and placement of existing distribution lines underground.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on December 6, 2000.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on January 20,2001. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
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3. The Planning and Zoning Commission has reviewed the particular facts and circumstances of this
proposed conditional use and has determined that the routing and reconstruction of the poles and power
line as proposed should not be approved since other alternatives for the project have not been adequately
addressed. The future look and service needs of the City should be held in high regard in order to find
ways to fund construction of underground facilities. Further investigation should be made to determine
if this application is in conflict with the rezone and conditional use permit for the substation as approved
by the City Council on October 30, 1995.
DATED this 5th day of March, 2001.
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