Findings - DR - 2006 - DR-120-05 - Construct A Personal Wireless Facility On An Existing Light Pole/574 N Park Lane
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A )
PERSONAL WIRELESS FACILITY AT EAGLE )
HIGH SCHOOL FOR CLEARWIRE, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-120-05
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 24, 2006. The Eagle Design Review Board 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 Julie Cope with ProLand LLC, is requesting design review
approval to construct a personal wireless facility on an existing light pole fixture used to illuminate
the baseball field at Eagle High School. The site is located on the east side of North Park lane
approximately 1,416-feet north of State Highway 44 at 574 North Park Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 8,2005.
C. NOTICE OF AGENCIES' REVIEW:
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 April 11, 2006, the Eagle City Council approved a conditional use permit (CU-13-05) to allow
a personal wireless facility on the existing baseball field light pole located at Eagle High School.
E. COMPANION APPLICATIONS: CU-13-05
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Public/Semi -Public PS (Public/Semi-Public) Eagle High School
Proposed No Change No Change No Change
North ofsite Residential One RUT (Rural Urban Transition) Residential! Agricultural
South of site Mixed Use and MU-DA and R-E (Mixed Residential (proposed Belle
Transitional Residential Use-Development Agreement Meade Subdivision)
and Residential Estates)
East of site Transitional Residential RUT (Rural Urban Transition) Vacant Land, Agricultural,
and Residential (proposed
Gray Eagle Subdivision)
West of site Residential Three RUT and R-E (Rural Urban Residential! Agricultural
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 to the northwest of the baseball field at Eagle High School. All of the
existing baseball field light poles will remain. including the perimeter fencing around the baseball
field.
1. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 35.076-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 60- feet (west) 20-feet (minimum)
Rear Setback I, I OO-feet (east) 20-feet (minimum)
Side Setback 200- feet (north) 20-feet (minimum)
Side Setback 1,600-feet (south) 20-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: N/A
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Height and Number of Stories of Proposed Buildings: The height of the existing light pole
structure will not be increased; it will remain at 80-feet in height.
Gross Floor Area of Proposed Buildings: A IS-square foot steel platform to hold the equipment
cabinet is proposed at the base of the existing light pole structure. Landscaping is proposed to
screen the steel platform and its associated equipment.
On and Off-Site Circulation: N/A
K. BUILDING DESIGN FEATURES:
Roof: N/ A
Walls: N/A
WindowslDoors: N/A
Facia/Trim: N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The construction of this antenna will not
affect any of the existing vegetation on the site.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: N/ A
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping: N/ A
b. Interior Landscaping: 0% interior landscaping is required. 0% is proposed.
M. TRASH ENCLOSURES: N/A
N. OUTDOOR LIGHTING:
The existing baseball field lights on the pole will remain the same. No other lights are proposed
with this application for the baseball field or for the associated antennae.
O. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
P. PUBLIC SERVICES A V AILABLE:
No water or sewer services are required for the proposed use.
Q. PUBLIC USES PROPOSED: None
R. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
S. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
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Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
T. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
U. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference and is attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Ada County Highway District
Eagle Fire Department
V. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code 8-3-5 (S)(2)(b) PS (Public/Semipublic District:
(I) 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)(b)
Towers and antennas shall be required to blend into the surrounding environment through
the use of color and camouflaging architectural treatment, except in instances where the
color is dictated by federal or state authorities such as the federal aviation administration.
. Eagle City Code 8-3-5 (S)(4)(e)
Every tower affixed to the ground shall be protected to discourage climbing of the tower
by unauthorized persons. The climbing pegs within the bottom twenty feet (20') of the
tower shall be removed and shall only be used when the tower is being serviced.
. Eagle City Code 8-3-S (S)(4)(f)
Metal towers shall be constructed of, or treated with, corrosive-resistant material.
. Eagle City Code 8-3-S (S)(6)(a)
No antenna or tower shall have affixed or attached to it in any way, except during time of
repair or installation, any stationary lights, strobe lights, reflectors, flashers, or other
illuminating device, except as specifically required by the Federal Aviation
Administration, Federal Communications Commission, or other Federal or State authority.
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. Eagle City Code 8-3-S (S)(6)(c)
The use of any portion of a tower for signs, other than warning or equipment information
signs, is prohibited.
. Eagle City Code 8-3-5 (S)(6)(d)
No tower shall have constructed thereon, or attached thereto, in any way, any platform,
catwalk, crow's nest, or like structure, except during periods of construction or repair.
C. DISCUSSION:
. The applicant is proposing to flush mount, within eight inches (8") of the pole, four (4)
transmission reception antennas and three (3) microwave dishes to an existing light pole
fixture used to illuminate the baseball field. The antennae, microwave dishes, and
associated brackets will be painted light tan (Notre Dame) to match the existing pole.
. The applicant is proposing to install a steel platform and ground mounted equipment at the
base of the light pole fixture. To help blend the steel platform and ground mounted
equipment into the surrounding environment, the applicant is proposing to paint the
platform and equipment green (Cliveden Forest) to match the existing baseball outfield
fence.
. The applicant is proposing to plant ten (10) arborvitae on the north, west, and south sides
to screen the steel platform and ground mounted equipment. The existing fence is located
to the east side of the equipment.
. If climbing pegs are proposed to be installed on the light standard pole, the pegs within the
bottom twenty feet (20') of the pole shall be removed and shall only be used when the
antennae are being serviced.
. There are no lights, reflectors, flashers or other illuminating devices proposed with this
application other than the existing lights used for the baseball field.
. Other than warning or equipment information signs that could be located on the proposed
equipment cabinets, no signs are proposed with this application and none are approved.
. No platform, catwalk, crow's nest, or like structures are proposed with this application and
none are approved.
STAFF RECOMMENDATION PROVIDED WITHIN THE 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 MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on August 24, 2006, at which
time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted S to 0 (Stanger and Barnes absent) to approve DR-120-0S for a design review
application to construct a personal wireless facility at Eagle High School for Clearwire, LL~ with
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the following staff recommended site specific conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions of the conditional use permit (CU-13-0S).
2. The applicant shall paint the antennae, microwave dishes, brackets, and associated hardware tan (Notre
Dame) to match the color of the existing pole.
3. The applicant shall paint the steel platform and ground mounted equipment cabinets green (Cliveden
Forest) to match the color of the existing fence.
4. The entire length of all cables and coaxial cables associated with this facility shall be enclosed within
the existing light pole fixture.
5. If climbing pegs are proposed with this light standard pole, the pegs within the bottom twenty feet (20')
of the pole shall be removed and shall only be used when the antennae are being serviced.
6. No lights, reflectors, flashers or other illuminating devices are proposed with this application other
then the exiting lights located on the baseball field light pole.
7. Other than warning or equipment information signs located on the proposed equipment cabinets, no
signs are proposed with this application and none are approved.
8. No platform, catwalk, crow's nest, or like structures are proposed with this application and none are
approved.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not linuted to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval (rom the highway district having Jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
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 issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
S. 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 issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifYing that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. 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. Dralllage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
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permits or Certificate of Occupancy, whichever occurs first.
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 issuance of any building permits or Certificate of Occupancy, whichever occurs first.
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 (I) 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 issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
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 or Certificate of Occupancy,
whichever occurs first. 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 issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
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.
II. 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.
12. 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 issuance of any building permits or Certificate of Occupancy, whichever occurs
first. 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 Engmeer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
I,SOO gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
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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 Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
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 issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
IS. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. 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 issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. 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 and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. 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 deSIgn and construction
shall be in accordance with all applicable City of Eagle Codes unless specJtlcally approved by the
Commission and/or 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 and/or the Planning and Zoning Commission for
review and approval.
21. 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 modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modifY the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. 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.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
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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 8, 200S.
2. Requests for agencies' reviews were transmitted on December 20, 200S, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-120-0S) with regard to the Eagle City COlk Title 8. Chapter 1. /\rtlck :\. DR D\?Slgn R\?\in\
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application IS in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the PS (Public/Semi-Public) zoning district.
DATED this 14th day of September 2006.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Coun Idaho
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