Findings - PZ - 2003 - CU-9-02 - Height Exception For 138K Sub Transmission Line/70-85'/Code Is 35'
OR\G\NAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT TO CONSTRUCT A
138kV SUB-TRANSMISSION LINE AND A HEIGHT
EXCEPTION REQUEST TO CONSTRUCT UTILITY
POLES IN EXCESS OF 35-FEET FOR IDAHO POWER
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-9-02
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on October 28, 2002, at which time the public hearing was
continued to November 13, 2002. The application was continued to a public hearing noticed for July 15,
2003, at which time the public hearing was closed for oral testimony only. The Commission continued the
public hearing for written testimony to August 11,2003, at which time the public hearing was closed. The
Commission made their decision at that time. 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 to
construct a 138kV sub-transmission line, and a height exception request to construct utility
poles with heights ranging from approximately 70 to 85-feet, (35 to 50-feet higher then the
required maximum of 35-feet).
The specific routing of the new sub-transmission line will connect with the existing 138kV
power line near the intersection of Edgewood and State Street. The new line will proceed
west along State Highway 44 to Ballantyne Road, where the line will be constructed along
the same route as the existing power lines that parallel the highway, to the new Star,
Idaho, substation site. It should be noted that it has not yet been determined which side of
the bypass the line will traverse; this item is left to be determined from comments received
at the public hearings as well as the determination of the Eagle Planning and Zoning
Commission and the Eagle City Council.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 9,2002.
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 October 8, 2002, October 29, 2002, and again on
June 24, 2003. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on October 2, 2002, October 23,
2002, and again on June 18, 2003. Requests for agencies' reviews were transmitted on
September 17,2002, in accordance with the requirements of the Eagle City Code.
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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.
On February 20,2001, the Eagle Planning and Zoning Commission recommend denial of
CU-23-00 for a conditional use permit by Idaho Power Company for a height exception
request and the reconstruction, upgrade, and re-routing of an existing 69kV power line to
accommodate a 138kV sub-transmission line and placement of existing distribution lines
underground, generally extending from the Eagle Substation on State Street west to
Ballantyne Road. The item was not heard by the City Council as the applicant withdrew
the application following the Planning and Zoning Commission hearing.
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 Business Park / Central A (Agriculture) / A-R Businesses /
Business District / Commercial (Agricultural-Residential) / BP ResidenceslTransmission Power
/ Mixed Use / Public/Semi- (Business Park) / C-3 (Highway Line
Public / Residential One (1- Business District) / CBD (Central
unit per acre max.) / Business District) / MU (Mixed
Residential Two (2-units per Use) R-I (Residential) R-2
acre max.) / Residential Four (Residential) / R-4 (Residential)
(4-units per acre max.)
Proposed No Change No Change Transmission Power Line
North of site Commercial/ Central Business A (Agriculture) / A-R Businesses /
District / Residential One (1- (Agricultural-Residential) / CBD Residences/Transmission Power
unit per acre max.) / (Central Business District) / R-l Line
Residential Two (2-units per (Residential) / R-2 (Residential) /
acre max.) Residential Four (4- R-4 (Residential)
units per acre max.) /
Residential Two (2-units per
acre max.) / Mixed Use
South of site Commercial/ Central Business A (Agriculture) / A-R Businesses /
District / Public/Semi-Public / (Agricultural-Residential) / C-I Residences/Transmission Power
Mixed Use / Residential Four (Neighborhood Business District) / Line
(4-units per acre max.) / CBD (Central Business District) /
Residential Two (2-units per PS (public/Semi-Public) / R-I
acre max.) (Residential) / R-2 (Residential) /
R-4 (Residential)
East of site Business Park / Mixed Use / BP (Business Park) / C-2 (General Businesses /
Residential Four (4-units per Business District) / MU (Mixed Residences/Transmission Power
acre max.) Use) / R-4 (Residential) Line
West of site Mixed Use / Public/Semi- A (Agriculture) / A-R Businesses /
Public / Residential One (1- (Agricultural-Residential) / MU Residences/Transmission Power
unit per acre max.) / (Mixed Use) / R-I (Residential) R- Line
Residential Two (2-units per 2 (Residential) / R-4 (Residential)
acre max.) / Residential Four
(4-units per acre max.)
G.
DESIGN REVIEW OVERLAY DISTRICT:
A portion of the line is located within the CEDA (Community Entry Development Area)
as well as the City's designated Entry Corridor.
H.
EXISTING SITE CHARACTERISTICS:
The existing power line is within easements and or public rights-of-way that extend
through both residential and commercial areas of the City.
I.
SITE DESIGN INFORMATION: N/a
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No buildings are proposed.
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Height and Number of Stories of Proposed Buildings:
No buildings are proposed, however, the height of the sub-transmission line poles are
proposed to be 70 to 85-feet (maximum) through the corridor.
Gross Floor Area of Proposed Buildings: N/a
On and Off-Site Circulation:
Other than the existing Eagle Substation, which has a maintenance access, the power line
easement abuts public rights-of-way and no other public access is proposed.
K.
PUBLIC SERVICES AVAILABLE:
Central District Health Department and Eagle Fire Department have provided preliminary
approval letters. Letters from water and sewer entities, as well as other affected utilities,
are required prior to the issuance of any 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):
An Environmental Assessment Plan has been prepared and submitted to the City Engineer
for review. The Environmental Assessment Plan is incorporated herein by reference.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
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LETTERS FROM THE PUBLIC:
Letter from Thomas Dater, 999 Main Street, Boise, ill 83702 date stamped by the City on
October 8, 2002.
Letter from Givens-Pursley LLP 277 N. 6th Street, Suite 200 Boise, ill 83701 date
stamped by the City on October 11, 2002.
Letter from Capital Development, Inc., 6200 N. Meeker Place, Boise, ill 83713 date
stamped by the City on October 30, 2002.
Q.
All letters are incorporated herein by reference.
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.
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;
B.
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
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
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
I.
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STAFF ANALYSIS PROVIDED WITHIN 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
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 and proposed utility facilities.
Additions and improvements to electric utility facilities that enhance the capacity
and reliability of regional resources, particularly when multi-jurisdictional benefits
within the region can be achieved, should be accommodated.
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 and Sites
11.2
Recognized Special Areas and Sites
The Dry Creek Floodplain is designated as a special area due to its ecological and
scenic significance. This area comprises the length of the Dry Creek Floodplain
through the Impact Area.
The State Street/Eagle Road Corridor is designated as a Special area due to its
historical, architectural and scenic significance.
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Chapter 12
B.
Community Design
12.3
Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways include State Highways 44 (State Street and Alternate
Route) and 55 (Eagle Road). These entrances with their landscaping (or lack
thereof), commercial signage and building character provide the first, and
oftentimes the most lasting impressions of the entire community. The City of
Eagle has the responsibility to guide development and redevelopment that occurs
along these entryway corridors.
Design review procedures should guide future development and redevelopment of
existing uses. Depending on land uses and buildings, more extensive landscaping
and fewer points of access may be required. The design review process will
afford the opportunity to address the special features of each property and facility
in a manner that will best address the overall intent of enhancing Eagle's
entryways. Eagle's entrance corridors may take on the look of berms built
adjacent to the Banbury and Lexington Hills Subdivisions.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Section 8-2A-6 (A)(7)(a)
Additional Height Restrictions: All spires, poles, antennas, steeples, towers, and any other
such 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.
.
Section 8-2A-7 (J)(2)(c) & (3)
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with
any commercial or industrial activity, and off-street loading when adjacent to or in view
from a residential activity or public street right of way, a five foot (5') wide by six foot (6')
high landscaped buffer is required.
3. Materials:
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and
deciduous trees, shrubs, and groundcover in which evergreen plant materials comprise a
minimum of sixty percent (60%) of the total plant material used.
b. Height requirements shall be accomplished with plant material with a fence or
decorative wall.
c. The required buffer area shall result in an effective barrier within three (3) years and be
maintained such that sixty percent (60%) or more of the vertical 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:
I. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
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c.
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
DISCUSSION:
.
In February of 2001, the Eagle Planning and Zoning Commission recommended denial of a
conditional use permit application proposed by Idaho Power to install a 138kV line that would
travel, in part, from the Eagle Sub-station through the downtown area along State Street and
on to State Highway 44 near Ballantyne Road. Idaho Power withdrew the application prior to a
public hearing before the City Council.
Subsequently, in March of 2002, Idaho Power held an informational open house to inform and
garner comment from the public concerning the routing of a proposed 138-kV sub-
transmission line. 35% of the questionnaires returned to Idaho Power suggested that the best
route would be to utilize a state highway corridor. Through the responses received at the open
house, as well as from nominations from the Eagle City Council and Star City Council, a
group of volunteers was assembled to form a Community Advisory Committee (CAC).
Through both subjective and objective approaches, the CAC determined that the most
appropriate routing of a new 13 8-kV sub-transmission line (out of a total of ten options) would
extend from the existing 138-kV sub-transmission line near the intersection of Edgewood
Lane and State Highway 44 and travel east along the bypass route to connect to the existing
line near the intersection of Ballantyne Road and State Street. The factors involved (as well as
the methods used) in determining the route are detailed within the July 2002, Routing Study
entitled "Eagle-Star 138-kV Sub-Transmission Project", attached to this report in booklet
form.
It should be noted that it has not yet been determined which side of the bypass the line will
traverse; this item is left to be determined from comments received at the public hearings as
well as the determination of the Eagle Planning and Zoning Commission and the Eagle City
Council.
.
With regard to placing the sub-transmission line(s) underground, the CAC felt that while this
scenario would be most favorable, the committee did not feel "empowered to make a
recommendation to IPC that might obligate the citizens of Eagle to higher power rates", due to
the costs of installation, and maintenance of, an underground line. Staff will defer discussion
regarding this matter to the Eagle Planning and Zoning Commission and the Eagle City
Council.
.
It is staffs understanding that the existing Eagle Substation (located on the south side of State
Street approximately 350-feet east of 2nd Street) will not require modifications and/or upgrades
to accommodate the extension of the 138-kV line. The Eagle Substation (located within the
downtown Central Business District) was previously determined by the City Council as being
located in an 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. With the extension of the existing sub-transmission line,
which may also eventually become an alternative power source to the Eagle Substation, it
would appear that Idaho Power's long-term facility planning efforts include keeping the
substation in its current location.
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If the City Council determines that the substation may remain in its current location, then staff
recommends that the existing chain link fence with slats surrounding the facility be removed
since it does not comply with ECC minimum screening requirements. A new screening
method such as a minimum 8-foot high decorative block (split face CMU) wall and additional
landscaping should be installed around the perimeter of the substation. Design Review Board
review and approval of the screen wall and landscaping should be required prior to the
issuance of any zoning permits.
.
The new power line may travel through an area designated as a "Hazard Area", specifically the
Dry Creek floodplain/floodway. This portion of the floodway is located on State Highway 44
in approximate alignment with Riverview Street to the north. Eagle City Code Section 10-1-7
(A) requires that any development that could possibly increase or alter the flood hazard shall
obtain a development permit prior to any construction occurring within the special flood
hazard area. A flood plain development permit may be issued if documentation prepared by a
registered professional engineer is submitted with an application to the City and approved by
the City Engineer and the Building OfficiallFloodplain Administrator. The applicant should
be required to obtain a floodplain development permit if any new poles are to be placed within
a floodplain/floodway, prior to the City issuance of a Zoning Certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the City Council approves the transmission line facility as proposed by Idaho Power, then based
upon the information provided to staff to date, staff recommends the site specific conditions of
approval and the standard conditions of approval as outlined within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
28, 2002, and continued to November 13,2002, at which time testimony was taken and the public
hearing was continued to a date uncertain. The public hearing was noticed for a meeting held on July
15, 2003, at which time testimony was taken and the public hearing was closed for oral testimony.
The Commission continued the public hearing for written testimony to August 11, 2003, at which time
the public hearing was closed. The Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by thirty-one (31) individuals with concerns regarding the rural feel that residents have moved to the
City to enjoy would be lost if overhead lines were constructed; the utility poles would detract from the
scenic views of the City; willingness (and also lack thereof) of citizens to pay for the cost of under
grounding the sub-transmission line; the need for Idaho Power to take resident's concerns under
consideration when designing utility lines; the resultant decrease in property values from overhead
lines; the risks of electricity on health and effects of emissions from the power lines; actual costs for
both underground and overhead construction; and the need for the City leaders to act as stewards to
maintain the reputation the City has acquired as an upscale community. (NOTE: While fifty-two (52)
individuals signed the public hearing sign-in sheet, not all chose to provide testimony.)
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
(2) individuals (not including the applicant/representative) who felt that the proposed route and
overhead construction was the most cost effective and least intrusive (to residential uses) means to
construct the sub-transmission line.
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D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by one (1) individual with concerns regarding the lack of communication between Idaho
Power and the Public Utilities Commission to consider power line routing and construction options,
and that this individual has had contact with a staff member at the PUC who is willing to meet with
interested property owners to examine the issue.
E. A report prepared by the consulting firm Black & Veatch, contracted by the City to perform a study
regarding the feasibility of under-grounding the line, and routing alternatives, was submitted to the
Planning and Zoning Commission for their consideration and is incorporated herein by reference.
COMMISSION DECISION:
The Commission voted 4 to 1 (Deckers against) to recommend denial of the conditional use permit
(CU-9-02) to construct an overhead 138 kV sub-transmission line and a height exception for utility
poles for Idaho Power Company. The underground installation of the sub-transmission line from
the Eagle substation to the western boundary of the Eagle City limits may be taken under
consideration as an alternative method.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 9, 2002.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on October 8, 2002, October 29, 2002, and again on June 24, 2003. Notice of this public
hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on October
2, 2002, October 23, 2002, and again on June 18, 2003. Requests for agencies' reviews were
transmitted on September 17, 2002, in accordance with the requirements of the Eagle City Code.
3. The Planning and Zoning Commission has reviewed the particular facts and circumstances of this
proposed conditional use and has made the following conclusion:
The proposed conditional use for the construction of an overhead sub-transmission line and height
exception for utility poles to exceed the maximum of 35-feet is not in accordance with the general
objectives of the Comprehensive Plan nor Eagle City Code Title 8. While statements within the
Comprehensive Plan encourage Idaho Power to improve electric utility facilities to provide adequate
capacity and service for growth, the design and construction of an overhead sub-transmission line
conflicts with the City's goal to "protect important views, vistas, and panoramas of the community's
natural setting and environment". In addition, the Commission emphasized that the requirement for
those who develop properties within the city to place utilities serving said development underground
should be applied equally to Idaho Power service projects. To vary from the community's vision of
the intended character of the City, consisting of both present and future development, and to change
the practices and objectives to achieve this goal, in order to accommodate the overhead power line,
would not be in the best interest of the City of Eagle.
A fair alternative is to place the sub-transmission line underground and divide the costs to be shared
with current users and future users alike who benefit from the line, both from the aesthetic qualities
and those that will receive utility service.
4. The dissenting opinion of the Commission concluded that the conditional use permit application
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should be approved since the applicant has applied prudent utility practices. Sometimes, issues
become entangled in the "letter of the law", and decisions are often made without resolution being
afforded due consideration. With the initiation of this application two and one-half years ago, Idaho
power heeded the Commission's direction to address other alternatives for the project, and provided an
evaluation of a cost effective and feasible route of the sub-transmission line. It is understood that, given
the conflicting opinions regarding the effect of an overhead line on property values, it may be
determined that an underground line is more cost effective if there is a high property value loss, and
that the Council should give this aspect more consideration.
DATED this 2nd day of September 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Ste~~£ o/~3
ATTEST:
~ I( 2!iI (9-ð4-< -
, Sharon. Moore, Eagle City lerk
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