Findings - CC - 2003 - CU-9-02 - Construct 138K V Sub-Tranmission Line/Height Excep
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICA TIOS FOR
A CONDITIONAL USE PERMIT TO CONSTRUCT A
138kV SUB-TRANSMISSION LINE AND A HEIGHT
EXCEPTION REQUEST TO CONSTRUCT UTILITY
POLES IN EXCESS OF 3S-FEET FOR nÞAHO POWER
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-9-02
The above-entitled conditional use pennit application came before the Eagle City Council for their action
on October 14, 2003, at which time the public hearing was closed and the item was then continued to
October 28, 2003. At that time, the Council remanded this item to staff with direction to schedule a new
public hearing to consider additional routing options. A second public hearing was held March 23, 2004,
at which time the public hearing was closed and the Council made their decision at that time. The Eagle
City Council having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
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 fIrst proposal for routing the new sub-transmission line would connect with the
existing 138kV power line n~ar the intersection of Edgewood and State Street. The new
line would proceed west along State Highway 44 to Ballantyne Road, where the line
would be constructed along 1he same route as the existing power lines that parallel the
highway, to the new Star, Idaho, substation site.
The second proposal for routing the new sub-transmission line would travel within the
existing right-of-way from th.e Eagle Substation (located on the south side of State Street
approximately 3OO-feet east of 2nd Street) north to the alleyway north of State Street and
then west through the alley to a point approximately 3OO-feet west of Park Road (Jackson
Square). The line would then extend south and connect to State Street and continue west
along State Street to Ballantyne Road and follow along the same route as the existing
power lines that parallel the highway, to the new Star, Idaho, substation site.
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 (3OO-feet) of Ihe subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on October 2, 2002, October 23,
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2002, and again on June 18. 2003. Requests for agencies' reviews were transmitted on
September 17, 2002, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirement:; of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on September 9, 2003 and March 2, 2004. Notice of this public hearing was
mailed to property owners within three-hundred feet (3OO-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on September 2,2003, and March 3, 2004.
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, 200 1, the Eagle Planning and Zoning Commission recommend denial of
CU-23-oo for a conditional use pennit by Idaho Power Company for a height exception
request and the reconstruction, upgrade, and re-routing of an existing 69kV power line to
accommodate a 138kV sub..transmission line and placement of existing distribution lines
underground, generally ex1ending 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 / (Agricultural-Residential) / Residencesffran smissi on
Commercial / Mi~ed Use BP (Business Park) / C-3 Power Line
/ Public/Semi-Public / (Highway Business District)
Residential One (1- unit / CBD (Central Business
per acre max.) / District) / MU (Mixed Use)
Residential Two (2-units R-l (Residential) R-2
per acre max.) / (Residential) I R-4
Residential Four (4-units (Residential)
per acre max.)
Proposed No Change No Change Transmission Power Line
North of site Commercial I Ct::ntral A (Agriculture) I A-R Businesses /
Business District / (Agricultural-Residential) I Residencesffran smissi on
Residential One (I-unit CBD (Central Business Power Line
per acre max.) / District) / R-l (Residential) /
Residential Two (2-units R-2 (Residential) / R-4
per acre max.) Residential (Residential)
Four (4-units per acre
max.) / Residential Two
(2-units per acre max.) /
Mixed Use
South of site Commercial I Central A (Agriculture) I A-R Businesses /
Business District / (Agricultural-Residential) I Residencesff ransmissi on
Public/Semi-Public / C-l (Neighborhood Business Power Line
Mixed Use / Re:;idential District) I CBD (Central
Four (4-units per acre Business District) / PS
max.) / Residendal Two (public/Semi-Public) / R-l
(2-units per acre: max.) (Residential) I R-2
(Residential) I R-4
(Residential)
East of site Business Park / Mixed BP (Business Park) I C-2 Businesses I
Use I Residenti¡ù Four (4- (General Business District) / Residencesffransmissi on
units per acre max.) MU (Mixed Use) I R-4 Power Line
(Residential)
West of site Mixed Use / Public/Semi- A (Agriculture) / A-R Businesses I
Public / Residential One (Agricultural-Residential) / Residencesffran smission
(1- unit per acre max.) / MU (Mixed Use) / R-l Power Line
Residential Two (2-units (Residential) R-2
per acre max.) I (Residential) I R-4
Residential FotJ.f (4-units (Residential)
per acre max.)
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G.
H.
I.
DESIGN REVIEW OVERLAY DISTRICT:
The existing and proposed Jines are located within the DDA (Downtown Development
Area), CEDA (Communit) Entry Development Area), and the IDA (Transitional
Development Area) as well as the City's designated Entry Corridor.
EXISTING SITE CHARACTERISTICS:
The existing power line is within easements and or public rights-of-way that extend
through both residential and commercial areas of the City.
SITE DESIGN INFORMATION: Nla
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No buildings are proposed.
Height and Number of Stories of Proposed Buildings:
No buildings are proposed, however, the height of the sub-transmission line poles are
proposed to be 70 to 85-feet (maximum) through the corridor.
Gross Floor Area of Proposed Buildmgs: N/a
On and Off-Site Circulation:
Other than the existing Eagle Substation, which has a maintenance access, the power line
easement abuts public right!:-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 pennits.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISmONS 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
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O.
P.
SUMMARY OF REVIEW OF ENVJRONMENTAL 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.
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
LETTERS FROM THE PUBLIC:
Letter from Thomas Dater, 999 Main Street, Boise, ID 83702 date stamped by the City on
October 8, 2002.
Letter from Givens-Pursley LLP 277 N. 6th Street, Suite 200 Boise, ID 83701 date
stamped by the City on October 11, 2002.
Letter from Capital Development, Inc., 6200 N. Meeker Place, Boise, ID 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 foUJwing 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 exÏ!iting 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 fIfe 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 de1:rimental to the economic welfare of the community;
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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 approa(:hes to the property which are designed as not to create an
interference with traffic on sllrroundjng public thoroughfares; and
I.
Will not result in the destruc:tion, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 4 Schools, Public Service!; 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 CHn be achieved, should be accommodated.
4.5
Imp~mentationStr~egæs
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...
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Chapter 12
B.
Chapter 11
Special Areas and Sites
11.2
Recognized Special Areas and Sites
The Dry Creek Floodplain is designated as a special area due to its ecological and
scenic significance. This area comprises the length of the Dry Creek Floodplain
through the Impact Area.
The State StreetlEagle Road Corridor is designated as a Special area due to its
historical, architectural and scenic significance.
Community Design
12.3
Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entry ways include State Highways 44 (State Street and Alternate
Route) and 55 (Eag\e 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 proc~ures should guide future development and redevelopment of
existing uses. Depmding 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 RestrictiDns: 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 pennit is approved by the City Council.
.
Section 8-2A-7 (J)(2)(c) & (3)
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with
any commercial or industrial activity, and off-street loading when adjacent to or in view
from a residential activity cr 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.
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c.
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 (0): Conditions Of Permit
Upon the granting of a conditional use pennit, conditions may be attached to said pennit
including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the eKact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more œstrictive standards than those generally required in this Title.
DISCUSSION:
.
In February of 200 1, the Eagle Planning and Zoning Commission recommended denial of a
conditional use pennit application proposed by Idaho Power to install a 138kV line that would
travel, in part, from the Eagle Sub-station through the downtown area along State Street and
on to State Highway 44 near Ballantyne Road. Idaho Power withdrew the 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
gamer comment from the public concerning the routing of a proposed 138-kV sub-
transmission line. 35% of the questionDaires 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 138-kV sub-transmission line (out of a total of ten options) would
extend from the existing 138-kV sub-transmission line near the intersection of Edgewood
Lane and State Highway 44 and travel east along the bypass route to connect to the existing
line near the intersection of Ballantyne Road and State Street. The factors involved (as well as
the methods used) in detennining the route are detailed within the July 2002, Routing Study
entitled "Eagle-Star 138-kV Sub-Transmission Project", attached to this report in booklet
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 detennined from comments received at the public hearings as
well as the detennination of the Eagle Planning and Zoning Commission and the Eagle City
Council.
.
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 nÜght 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.
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.
It is staff s understanding that the existing Eagle Substation (located on the south side of State
Street approximately 350-feet east of 2nd Street) will not require modifications and/or upgrades
to accommodate the extension of the 138-kV line. The 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.
If the City Council detennines that the substation may remain in its current location, then staff
recommends that the existing chain link fence with slats 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 ,Hound 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 floodplainlfloodway. This portion of the floodway is located on State Highway 44
in approximate alignment with Riverview Street to the north. Eagle City Code Section 10-1-7
(A) requires that any development that could possibly increase or alter the flood hazard shall
obtain a development pennit prior to any construction occurring within the special flood
hazard area. A flood plain development permit may be issued if documentation prepared by a
registered professional engineer is submitted with an application to the City and approved by
the City Engineer and the Build:lng OfficiallFloodplain Administrator. The applicant should
be required to obtain a floodplain development pennit if any new poles are to be placed within
a floodplain/flood way, prior to the City issuance of a Zoning Certificate.
STAFF RECOMMENDATION PROVmtED 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 :;taff 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 wai; 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 uncertnin. 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
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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 appJ.icant/representative) who felt that the proposed route and
overhead construction was the most cost effective and least intrusive (to residential uses) means to
construct the sub-transmission line.
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by one (1) individual with ,:oncerns regarding the lack of communication between Idaho
Power and the Public Utilities Commis~;ion 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 fmn Black & Veatch, contracted by the City to perform a study
regarding the feasibility of under-grouDding the line, and routing alternatives, was submitted to the
Planning and Zoning Commission for th,~ir consideration and is incorporated herein by reference.
COMMISSION DECISION:
The Commission voted 4 to 1 (Deckers against) to recommend denial of the conditional use pennit
(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 mett,od, as noted within their Findings of Fact and Conclusions of
Law document, dated September 2, 2003.
PUBLIC HEARING OF THE COUNCIl, ON OCTOBER 14, 2003:
A. A public hearing on the application was held before the City Council on October 14, 2003, at which
time testimony was taken and the public hearing was closed. The item was continued to October 28,
2003, for a decision to be determined at that date.
B. Oral testimony in opposition to this proposal was presented to the City Council by six (6) individuals
who felt that the State Highway 44 bypass is a prominent entry corridor into the City and that because
tall landscaping is not pennitted within easements for power lines, there will never be any type of
camouflage to soften the visual impact of the lines; the new line should be constructed along the
existing right-of-way (State Street), the City should maintain the design standards and character it has
established and pursue underground construction of the lines, with either franchise fees, surcharges, or
a local improvement district to pay for the cost; the decrease in property values caused by the location
of the poles and line; the need for Idaho Power to show the entire power planning area rather than this
small area in order to see the "big picture"; the importance of following the standards outlined in Eagle
City Code regarding tower height as well as heeding the goals and objectives of the comprehensive
plan; the Public Utilities Commission should be requested to require under grounding of all power
lines; and there is a need to review other routs and design schemes for the poles and line.
C. Oral testimony in favor of this proposaL was presented to the City Council by no one (not including the
applicant/representative).
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COUNCIL DECISION:
The Council voted 3 to 1 (Sedlacek absent) to remand this conditional use pennit application to
staff to notice for a new public hearing to review alternate routes, pole structure designs, and the
possibility of constructing the line underground.
A public hearing was scheduled for March 23, 2004, to consider the following described route to
construct a 138kV sub-transmission line with poles ranging in height from approximately 70 to 90-
feet, (35 to 55-feet higher then the required maximum of 35-feet):
The proposed routing of the sub-transmission line will travel within existing right-of-way from the
Eagle Substation (located on the south side of State Street approximately 3OO-feet east of 2nd
Street) north to the alleyway north of State Street and then west through the alley to a point
approximately 3OO-feet west of Park Road (Jackson Square). The line will extend south and
connect to State Street and continue west along State Street to Ballantyne Road, where the line will
follow along the same route as the eKisting power lines that parallel the highway, to the new Star,
Idaho, substation site.
PUBLIC HEARING OF THE COUNCIL ON MARCH 23, 2004:
A. A public hearing on the application was held before the City Council on March 23, 2004, at which
time testimony was taken and the publk hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by thirteen (13)
individuals who felt the city should require that the lines be constructed underground; the attractive
character and appearance of the city would be marred, along with a decrease in property values by the
construction of large power poles; the City of Eagle should not bear the burden to provide power
service to the city of Star; and the City should require Idaho Power to adhere to ordinances requiring
developers to install utilities underground.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the City Council
by three (3) individuals with questions regarding the replacement and height of the poles, the
availability of existing and future right-of-way for the lines; and consideration was given (during the
Community Advisory Committee meetirlgs) to route the line along the bypass to lessen the impact on
residential uses.
E. Written testimony in opposition to this proposal was presented to the City Council by six (6)
individuals who felt the city should represent the needs of the residents before the desires of
commercial developers, under grounding of the lines can be paid for through franchise fees; the need
to protect views near the Eagle Island State Park; the line should travel through less developed areas
rather than established neighborhoods; the decrease in property values due to the construction of power
poles and lines; and the issue of "stray \'oltage" and its impacts on health.
F. A petition in opposition to this propo;al was presented to the City Council signed by one hundred
fifty-four (154) individuals.
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COUNCIL DECISION:
The Council voted 4 to 0 to deny tht: conditional use pennit of the conditional use pennit (CU-9-
02) to construct an overhead 138-kV sub-transmission line and a height exception for utility poles
for Idaho Power Company.
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 applkation for the Eagle Planning and Zoning Commission was
published in accordance for requiremerts 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 (3OO-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on October
2, 2002, October 23, 2002, and again on June 18, 2003. Requests for agencies' reviews were
transmitted on September 17, 2002, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on September 9,
2003 and March 2, 2004. Notice of this public hearing was mailed to property owners within three-
hundred feet (3OO-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on September 2,2003, and March 3, 2004.
3. The City Council has reviewed the particular facts 3Ild 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 th~ 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 dl~sign 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" (Chapter 9, Section 9.6.2 f). The overhead line also conflicts with
the city's goal to "Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City" (Chapter 12, Section 12.2)
The requirement for those who develop properties within the City to place utilities serving said
development underground should be applied equally to Idaho Power service projects. Pursuant to the
approval of a conditional use pennit, it must be found that the proposed use will be designed,
constructed, operated and maintained to be harmonious and appropriate in appearance with the
existing or intended character of the gmeral vicinity and that such use will not change the essential
character of the same area. Further, the proposed use is to not result in the destruction, loss or damage
of a natural, scenic or historic feature of major importance. The installation of new poles will alter the
natural setting of the area since power poles are not typical features expected to be found in a natural
environs. The historical character and appeal of the downtown will be further diminished since the
power poles are not proposed to be designed with features that are harmonious with the existing styles
of the downtown area (as shown within the City's adopted Eagle Architecture and Site Design book),
nor do they contribute to a pleasing environment for both residents and visitors alike. Moreover, the
extension of existing poles will contribute to the obstruction of scenic views of both the tree canopy
along the Boise River as well as the foothills north of the City, depending upon the viewing vantage
Page 12 of 13
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point. The Council emphasized that to vary from the community's vision of the intended character of
the City, consisting of both present and tìlture development, and to change the practices and objectives
to achieve this goal, in order to accommodate the overhead power line, would be detrimental to
persons, property and the general welfare of the City of Eagle.
DATED this 11th day of May 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho )
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Sharon K. Bergmann, Eagle City Cle
Page 13 of 13
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