Resolution 2001-16 - Laserfiche WebLink

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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Based on the testimony of the witnesses and other evidence made a part of the record before the Planning Commission and City Council, which are incorporated herein, the City Council finds as follows: The electric transmission line was constructed approximately 45 years ago. Since that time land under this portion of the overall right-of-way has been annexed and developed into a wide range of conforming land uses both residential and commercial within the City of Louisville. The purpose of this upgrade is to increase efficiency and reliability of the utility to a point where the existing utility can meet anticipated demands. The Public Utilities Commission has ruled that the proposed upgrade is necessary. Certain provisions of state law set out the City's basic zoning power to regulate utilities. None of these provisions flatly exempt public utilities from municipal zoning regulations. Nor does the City franchise provide an exemption, nor has the applicant claimed one. While there are limitations on the city's regulatory authority over private utilities, the City Council finds the conditions of approval imposed on the Special Review Use (SRU) by this resolution to be reasonable exercise of the City's police power. d. Based upon the preponderance of the evidence presented at the public hearing, the private utility has not exceeded any City performance standard or violated any city code or standard. The proposed upgrade will not increase the width of the required right-of-way or easement, nor will additional lines be added to the system. The City has evaluated three above ground rebuild alternatives and desires to utilize a reasonable level of its police power authority to minimize the visual impacts of the overhead infrastructure. The applicant is not contractually obligated under the terms of franchise agreement with the City of Louisville to underground the proposed rebuild. Neither the City nor the applicant are prepared to pay for the burial of the power lines at this time, and the City may not require undergrounding at applicant's expense through this land use process. Both the Planning Commission and the City Council has taken into account all the public testimony, the staff recommendation, and the evidence submitted by the applicant. The Planning Commission and the City Council has deliberated thoughtfully, and the City desires to minimize the negative impacts of the infrastructure to the fullest extent possible under state law.