Findings - PZ - 2006 - CU-13-05 - Construct Personal Wireless Facility/Baseball Field Light Pole/574 N Park Ln
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A )
CONDITIONAL USE PERMIT FOR A PERSONAL )
WIRELESS FACILITY ATTACHED TO AN )
EXISITNG BASEBALL FIELD LIGHT POLE )
ORIGINAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-13-05
The above-entitled Conditional Use Permit application came before the Eagle Planning and
Zoning Commission for their recommendation on February 27, 2006, at which time public
testimony was taken and the public hearing was closed. 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:
Clearwire LLC, represented by Cameron McFaddan with Legacy Wireless
Services, is requesting conditional use approval to construct a personal wireless
facility on an existing baseball field light pole. The baseball field light pole is
located within the 49-acre Eagle High School baseball field on the northeast
comer of Park Lane and Nephi Lane, specifically at 574 N. Park Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 15,
2005.
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 February 6,2006. 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 26,2006. The site was posted in
accordance with the Eagle City Code on February 17, 2006. Requests for
agencies' reviews were transmitted on December 20,2005 in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 13, 2000, the Design Review Board voted 3-0 to approve the design of a
Personal Wireless Facility on a replacement baseball field light pole located on
the Eagle High School Baseball field at 574 N Park Lane with application DR-36-
00.
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On December 12, 2000, the City Council voted 3-0 (Bastian absent) to approve
CU-15-00 for a Conditional Use Permit to install a Personal Wireless Facility on a
replacement baseball field light pole located on the Eagle High School Baseball
field at 574 N Park Lane.
E. COMPANION APPLICATIONS: DR-120-05
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Public/Semi-Public PS (Public/Semi-Public) Eagle High School
Proposed No Change No Change No Change
North of site Residential One RUT (Rural Urban Residential/Agricultural
Transition)
South of site Mixed Use and MU-DA and R-E (Mixed Residential (proposed
Transitional Use-Development Belle Meade
Residential Agreement and subdivision)
Residential Estates)
East of site Transitional RUT (Rural Urban Vacant Landi Agricultural
Residential Transition)
West of site Residential Three RUT and R-E (Rural Residential! Agricultural
Urban Transition and
Residential Estates)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The location of this site is in the northwest portion of the baseball field at Eagle
High School. All of the existing baseball field light poles will remain, including
the perimeter fencing around the ball field.
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1. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 3S.076-acres N/A
Percentage of Site Devoted to N/A N/A
Building Coverage
Percentage of Site Devoted to N/A N/A
Landscaping
Number of Parking Spaces N/A N/A
Front Setback 200-feet 20-feet minimum
Rear Setback 1,100-feet 20-feet minimum
Side Setback 60- feet 20-feet minimum
Side Setback 1,600- feet 20-feet minimum
Note: The setbacks proposed for this site (as noted above) are calculated by
considering the entire school parcel as a whole, as measured from the site's
perimeter property lines.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: N/A
Height and Number of Stories of Proposed Buildings: The existing light pole
structure will not be increased; it will remain at 80 feet in height.
Gross Floor Area of Proposed Buildings: IS-square feet steel platform to hold the
equipment cabinet which is located at the base of the existing light pole structure.
Landscaping will be used to screen the steel plat form and associated equipment.
On and Off-Site Circulation: N/ A
K. PUBLIC SERVICES AVAILABLE:
No water or sewer services are required for this particular use.
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 - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
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Mature Trees - yes, not affected
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED): Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence tS attached.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Q. LETTERS FROM THE PUBLIC: none
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 andlor 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 ofthe 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;
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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 approaches to the property which are designed as not
to create an interference with traffic on surrounding public thoroughfares;
and
1. Will not result in the destruction, 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: (None)
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Eagle City Code Section 8-3-S (S) (1) (a) In part states that wireless facilities are
necessary in order to:
(1) Facilitate the provision of wireless telecommunication services to the residents
and businesses of the City;
(2) Minimize adverse visual effects of spires, poles, antennas, steeples, towers, and
other such structures through careful design and sitting standards;
(3) Avoid potential damage to adjacent properties from spire, pole, antenna, steeple,
tower, and other such structures' failure, through structural standards and setback
requirements; and
(4) Maximize the use of existing and approved towers and buildings to accommodate
new wireless telecommunication antennas in order to reduce the number of towers
needed to serve the community.
. Eagle City Code 8-3-S (S) (2) (b) PS (Public/Semipublic District:
(1) Wireless antennas may be permitted to be attached to existing light standards and
power line support devices (or replacement equivalent of same height) provided,
however, the antenna(s) are either flush mounted or mounted in a manner that
provide minimum visual impact. Notwithstanding the foregoing, all provisions of
this subsection S shall be applicable to wireless antennas located on existing light
standards and power line support devices.
. Eagle City Code 8-3-S (S) (4) (a)
All personal wireless facilities shall be required to obtain design review approval
prior to construction.
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C. DISCUSSION:
. The applicant proposes to flush mount four (4) transmission reception antennas and
two microwave dishes to an existing baseball field light pole. At this time the
applicant will install three out of the four, the remaining antenna will be installed in
the future when more capacity is needed. The applicant proposes to paint the ground
mounted equipment green to match the existing baseball outfield fence and the
antennas gray/silver to match the existing baseball field light pole. Landscaping will
be used to screen the ground mounted equipment.
. The applicant will enter into an Option and Easement Agreement with the Joint
School District No. 02 granting the applicant permission to construct the proposed
use. The applicant should provide a recorded copy of the agreement to the City prior
to the issuance of a zoning certificate.
. Staff has reviewed the particular facts and circumstances of this proposed conditional
use and, in terms of Eagle City Code Section 8-7-3-2 "A thrn I" (required findings for
approval of a conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of
Eagle City Code Title 8.
B. Will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan andlor this title
(Eagle City Code Title 8) since there are no inconsistencies with the
Comprehensive Plan and since the proposal will be required to meet
conditions of a design review application;
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 since the proposal will not only be required to
meet the City's design review requirements, but will also be required to
meet the requirements noted herein;
D. Will not be hazardous or disturbing to existing or future neighborhood
uses since the antennae will be flush mounted to the existing light pole,
which will intermingle with the existing lighting hardware. Therefore, the
proposed antennae should blend in with the existing hardware minimizing
the visual impact and not further disturb the neighborhood.
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 as noted in responses received by agencies
providing the public services or as conditioned herein.
F. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare
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of the community since the antennae will be attached to an existing (and
structurally sound) baseball field light pole and the ground equipment
located at the base of the pole outside of the public right of way.
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 access on existing vehicular approaches to the property which
are designed as not to create an interference with traffic on surrounding
public thoroughfares as required by the Ada County Highway District; and
1. Will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance since the antennae will be flush
mounted to an existing baseball field light pole and the ground equipment
will be located at the base of the pole.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF 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 HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
February 27, 2006, at which time testimony was taken and 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 no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of CU-13-05 for a
Conditional Use Permit to install a personal wireless facility on an existing baseball filed
light pole with the ground equipment at the base of the pole located on the Eagle High
School Baseball field at 574 N Park Lane, with the following site specific and standard
conditions of approval with underlined text to be added by the Commission;
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The development shall conform to the site plan and elevation plan submitted by
Clearwire date stamped by the City of Eagle on December 15, 2005. Any proposed
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significant change, as determined by the Zoning Administrator, shall be subject to
subsequent hearings before the Planning & Zoning Commission and the City Council.
2. The applicant shall provide a recorded copy of the Option and Easement Agreement,
between Clearwire LLC and Joint School District No. 02, prior to the City prior to the
issuance of a zoning certificate.
3. The light standard shall not increase in height and remain at its exiting maximum height
ofSO-feet.
4. The applicant shall obtain design review approval for the personal wireless facility prior
to the issuance of a zoning certificate.
5. The applicant shall install an Osprey nesting box below or above the antennae. if feasible.
ST ANDARD CONDITIONS OF APPROVAL:
l. The applicant shall comply with all requirements ofthe Ada County Highway District
andlor 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 the issuance of
any building permits.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is
required prior to the issuance of any building permits.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall
be secured prior to the issuance of any building permits.
4. Written approval of all well water for any shared or commercial well shall be obtained
from the Idaho Department of Water Resources shall be submitted to the City prior to the
issuance of any building permits.
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 project for service, prior to the issuance of any building permits.
6. The applicant shall submit a letter from the appropriate drainage entity approving the
drainage system andlor accepting said drainage; or submit a letter from a registered
professional engineer certifying that all drainage shall be retained on-site prior to the
issuance of any building permits. 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
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prior to the issuance of any building permits.
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 the issuance of any building permits. 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 the issuance of any building
permits.
9. 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. 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 the issuance of any building permits.
The applicant shall pay applicable street light inspection fees prior to Certificate of
Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and
wattage by the 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.
11. 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.
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l2. 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 the issuance of any building permits.
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 l,OOO gallons per minute for one and two
family dwellings, l,SOO gallons per minute for dwellings having a fire area in
excess of 3,600 square feet, and l,SOO gallons per minute for non-residential uses
(i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall 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.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or
any other area designated by the City Councilor Eagle City Pathway/Greenbelt
Committee for a path or walkway shall be approved in writing by the Eagle City
Pathway/Greenbelt Committee prior to the issuance of a building permit.
14. Conservation, recreation and river access easements (if applicable) shall be approved by
the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
the issuance of a building permit.
lS. The applicant shall comply with the provisions of the Eagle City Code, pertaining to
floodplain and river protection regulations (if applicable) prior to the issuance of a
building permit.
l6. 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 the
issuance of a building permit.
l7. 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 andlor any other agency having jurisdiction prior to the
issuance of a building permit.
l8. Basements in the flood plain are prohibited.
19. 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
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design and construction shall be in accordance with all applicable City of Eagle Codes
unless specifically approved by the Commission andlor Council.
20. 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 andlor the Planning and
Zoning Commission for review and approval.
2l. 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.
22. 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.
23. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the City of Eagle. The burden shall be upon the applicant to
obtain written confirmation of any change from the City of Eagle.
24. 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 the Design Review Board approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be
screened from view with the use oflandscaping (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.
26. 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 application for this item was received by the City of Eagle on December 15, 2005.
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 February 6, 2006. 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
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26,2006. The site was posted in accordance with the Eagle City Code on February 17, 2006.
Requests for agencies' reviews were transmitted on December 20, 200S in accordance with
the requirements of the Eagle City Code.
3. The Commission has reviewed the particular facts and circumstances of this proposed
conditional use and, in terms of Eagle City Code Section 8-7-3-2 "A thrn I" (required findings
for approval of a conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City
Code Title 8.
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan andlor this title (Eagle City Code Title 8)
since there are no inconsistencies with the Comprehensive Plan and since the proposal
will be required to meet conditions of a design review application;
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 since the proposal will not
only be required to meet the City's design review requirements, but will also be required
to meet the requirements noted herein;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
antennae will be flush mounted to the existing light pole, which will intermingle with the
existing lighting hardware. Therefore, the proposed antennae should blend in with the
existing hardware minimizing the visual impact and not further disturb the neighborhood.
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 as noted in responses received by agencies
providing the public services or as conditioned herein.
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 since the
antennae will be attached to an existing (and structurally sound) baseball field light pole
and the ground equipment located at the base of the pole outside of the public right of
way.
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 access on existing vehicular approaches to the property which are designed as
not to create an interference with traffic on surrounding public thoroughfares as required
by the Ada County Highway District; and
1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance since the antennae will be flush mounted to an existing baseball field
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light pole and the ground equipment will be located at the base of the pole.
DATED this 6th day of March, 2006.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
foc~ ~______
Cliffor . M ks Jr., Chairman
_1Q[/~. ~~ I~/h~
Sharon K. Bergmann, Eagle ity Clerk
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