Findings - PZ - 2014 - CU-01-14 - Cup For Camouflaged Cell Tower/Height Exception Over 35'/Eagle Hills Golf Hole #2 (2) BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT )
FOR A 110-FOOT HIGH CAMOUFLAGED )
CELL TOWER/PERSONAL WIRELESS )
FACILITY(HEIGHT-OVER 35 FEET) )
FOR SKYWAY TOWERS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-01-14
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on March 17, 2014, at which time public testimony was taken and
the public hearing was closed. The Eagle Planning and Zoning Commission requested additional
information be provided by the applicant and remanded the application to staff. The Eagle Planning and
Zoning Commission directed staff to re-notice the application upon receiving the requested information.
The application was re-noticed and the conditional use permit application came before the Eagle Planning
and Zoning Commission for their recommendation on May 19, 2014, at which time public testimony was
taken and the public hearing was closed. The Eagle Planning and Zoning Commission made their
recommendation 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:
Skyway Towers, LLC, represented by Shawn Nickel with SLN Planning, is requesting
conditional use permit approval for a camouflaged cell tower (defined as "personal
wireless facility height-over 35-feet"in Eagle City Code). The proposed 2,500-square foot
lease area is located approximately 835-feet southwest of the intersection of North Eagle
Hills Way and North Wingfoot Place at the southern boundary of Eagle Hills Golf Course
within the area containing hole#2.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, Monday, January 13,
2014, in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on January 30, 2014.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on February 24, 2014. Notice of this public hearing
was mailed to property owners within 1000-feet of the leased area in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on February 20,
2014. The site was posted in accordance with the Eagle City Code on March 7, 2014.
Requests for agencies' reviews were transmitted on February 7, 2014, in accordance with
the requirements of the Eagle City Code.
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Due to the application being remanded the application was re-noticed. Notice of Public
Hearing on the application for the Eagle Planning and Zoning Commission was published
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on April 28, 2014. Notice of this public hearing was mailed to property owners
within 1000-feet of the leased area in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on April 25, 2014. The site was posted in
accordance with the Eagle City Code on May 9, 2014.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS:
Design review to construct a 110-foot high camouflaged cell tower/monopole and
equipment storage area for a personal wireless facility(DR-10-14).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Public/Semi-Public R-4 (Residential maximum Eagle Hills Golf Course
four unit/acre) (Hole#2)
Proposed No Change No Change Personal wireless facility
(height-over 35 feet)
North of site Residential Four(up to R-4 (Residential maximum Residential subdivision—
four units/acre) four unit/acre) Eagle Hills West
Subdivision No. 1
South of site Downtown A(Agricultural maximum Vacant land
one unit/20 acres)
East of site Residential Four(up to R-4(Residential maximum Residential subdivision—
four units/acre) four unit/acre) Eagle Hills West
Subdivision No. 1
West of site Residential Four(up to R-4 (Residential maximum Residential subdivision—
four units/acre) four unit/acre) Eagle Hills West
Subdivision No. 4
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The proposed leased site is a portion of fairway #2 located within the Eagle Hills Golf
Course.
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SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 16.6-acres (leased area N/A
consists of 2,500-square
feet)
Percentage of Site Devoted to Building Up to 64.4% N/A
Coverage
Setback(east) 229-feet 220-feet*
* Pursuant to Eagle City Code Section 8-3-5 (S)(5)(b), the personal wireless facility shall be
setback a minimum distance of 2X the height of the tower from the property line of any residential
dwelling.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) equipment shelter to be located on the
south side of the personal wireless facility within the 2,500-square foot leased area. The
applicant is proposing to construct an eight-foot(8')high cedar fence to secure the site.
Height and Number of Stories of Proposed Buildings:
The equipment shelter is proposed to be approximately 10-feet high.
Gross Floor Area of Proposed Buildings: 299-square feet
On and Off-Site Circulation:
A gravel road is proposed providing access from Eagle Hills Way to the east side of the
leased area.
K. PUBLIC SERVICES AVAILABLE:
The site is located within an area serviced by Eagle Fire Department, Eagle Water
Company, and Eagle Sewer District. The personal wireless facility site will not require
water or sewer.
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
Mature Trees—no
Riparian Vegetation—no
Steep Slopes—There is a slope in excess of 3:1 located adjacent to the southern property line.
Stream/Creek—no
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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 is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the engineer's letter dated March 7, 2014, are of special
concern (attached to the staff report).
Boise Airport Commission
Federal Aviation Administration
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department(Division of Aeronautics)
Q. LETTERS FROM THE PUBLIC:
Correspondence received from George Schnarre, date stamped by the City on February 13,
2014.
Correspondence from Mayor Reynolds to Mr. George Schnarre dated February 25,2014.
Correspondence received from Beck and James LaCroix, date stamped by the City on
February 18, 2014.
Correspondence received from Dick and Bonnie Newton, date stamped by the City on
February 18, 2014.
Email correspondence received from Jason Watts at 12:41PM, on March 2, 2014.
Email correspondence received from Jason Watts at 2:56PM, on March 2, 2014.
Email correspondence (with attachments) received from David Schwartz on March 2,
2014.
Correspondence received from George and Leola Neumayer, date stamped by the City on
March 3, 2014.
Correspondence received from Margaret Schmidt, date stamped by the City on March 3,
2014.
Several email correspondences received from Jason Watts (and applicant's responses) on
March 3, 2014.
Correspondence received from George and Melinda Schnarre, date stamped by the City on
March 4, 2014.
Email correspondence received from Peter and Rita Langley on March 6, 2014.
Correspondence received from Mary Folger,date stamped by the City on March 7, 2014.
Email correspondence received from Otto H. Achenbach on March 7, 2014.
Correspondence received from Pat and Karen Towne, date stamped by the City on March
7, 2014.
Email correspondence received from Michael Mollay dated March 8, 2014.
Email correspondence received from Amber and Michael Mollay on March 8, 2014.
Email correspondence received from Mark Iverson on March 9, 2014.
Correspondence received from Conrad and Donna Aiken, date stamped by the City on
March 10, 2014.
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Email correspondence received from Peter and Rita Langley on March 10, 2014.
Email correspondence received from Amber Lawless and Michael Mollay on March 10,
2014.
Email correspondence received from David Schwartz on March 10, 2014, with attached
exhibits,date stamped by the City on March 10, 2014.
Correspondence and petitions received from Rita Langley, date stamped by the City on
March 10, 2014.
Email correspondence received from Jason Watt dated March 10, 2014.
Email correspondence received from Hazel Segerdal (via David Schwartz) dated March
10, 2014.
Email correspondence received from Michael Segerdal (via David Schwartz) dated March
10, 2014.
Correspondence received from Robert and Debra Helton, date stamped by the City on
March 10, 2014.
Correspondence received from Debra Helton, date stamped by the City on March 10,
2014.
Email correspondence received from Stephen L. Lord dated March 10, 2014.
Correspondence received from Stephen L. Lord, date stamped by the City on March 10,
2014.
Email correspondence received from Barb Vanderpool (via David Schwartz) dated March
10, 2014.
Email correspondence received from David Schwartz (with exhibits showing view from
Judy Crosby residence, date stamped by the City on March 10, 2014) dated March 10,
2014.
Email correspondence received from Marie Brown (with exhibits, date stamped by the
City on March 10, 2014)dated March 10, 2014.
Email correspondence received from Michael Luque dated March 10, 2014.
Email correspondence received from Judi and Geoff James dated March 10, 2014.
LETTERS FROM THE PUBLIC FOR THE RE-NOTICED PUBLIC HEARING:
Email correspondence received from Charlotte Boyd, dated March 12, 2014
Email correspondence received from Lavina Pratt dba Eagle Hills Props', dated March 12,
2014
Email correspondence received from Lavina Pratt dba Eagle Hills Props', dated March 12,
2014
Email correspondence received from Jason Watt, dated March 16, 2014
Email correspondence received from Jason Watt, dated March 16, 2014
Email correspondence received from Judith D. James, dated March 16, 2014
Email correspondence received from Shawn Nickel, dated March 16, 2014
Email correspondence from Mike Williams to Shawn Nickel,dated March 17, 2014
Petition to the Mayor of Eagle and City Council regarding the proposed location of the cell
tower, date stamped by the City on March 17, 2014.
Email correspondence received from Jason Watt,dated March 18, 2014
Email correspondence received from Lavina Pratt dba Eagle Hills Props' dated March 24,
2014
Correspondence received from George W. and Melinda Schnarre, date stamped by the
City on March 31, 2014
Email correspondence received from Jason Watt,dated April 22, 2014
Email correspondence from Stephen J. Lord,dated April 21, 2014
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Email correspondence forward from City Councilman Butler, dated April 30, 2014
Email correspondence forwarded from City Councilman Butler,dated April 30, 2014
Correspondence received from Mary Folger,date stamped by the City on May 6, 2014
Correspondence received from Alice and Lewis Barrett, date stamped by the City on May
9, 2014
Correspondence received from Stephen J. Lord, date stamped by the City on May 12,
2014
Correspondence received from David Schwartz, date stamped by the City on May 12,
2014
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
I. 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:
Chapter 4—Schools,Public Services, and Utilities
4.9.2 Other Services and Utilities Goals
F. Telephone and Telecommunications: Provide existing and future residents in the City
of Eagle, the Area of Impact and the foothills with uninterrupted access to up-to-date,
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state-of-the-art telephone and telecommunications service.
4.9.3 Other Services and Utilities Objectives:
A. Discourage over lapping service areas and/or illogical service boundaries.
4.9.4 Other Services and Utilities Implementation Strategies:
F. Telephone and Telecommunications:
1. The City should encourage telephone and telecommunications companies to
follow the relevant implementation strategies recommended in section 4.9.3 A
above.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2 defines Personal Wireless Facility(Height-over 35 feet)as:
Facilities necessary for the provision of personal wireless services (i.e., towers, support
buildings,etc.).
• Eagle City Code Section 8-2-3 Schedule of District Use Regulations:
Personal Wireless Facilities (height-over 35 feet) requires the approval of a conditional
use permit within the R zoning district.
• Eagle City Code Section 8-3-5 (S) Personal Wireless Facilites, Spires, Poles, Antennas,
Steeples,Towers, and Other Such Structures.
2.c. Residential(R)Districts:
(2)Personal Wireless Facilities shall be camouflaged or concealed, not readily
identifiable as such,designed to be aesthetically compatible with existing and
proposed uses on the site in all residential(R)zones.
3. Collocation Requirements:
a. A proposal for a new tower mounted Personal Wireless Facility in excess of thirty
five feet(35')in height shall not be approved unless the city council finds that the
telecommunications equipment planned for the proposed tower cannot be
accommodated on an existing or approved tower or building within the following
radii of the proposed tower:
(2)A one mile radius for towers with a height over eighty feet(80')but not more
than one hundred ten feet(110').
4. Tower And Antenna Design Requirements:
a. All Personal Wireless Facilities shall be required to obtain design review approval
prior to construction.
b. Personal Wireless Facility towers shall be of a monopole design unless the city
council determines that an alternative design would better blend into the
surrounding environment.
5. Tower Setbacks:
b. The base of the Personal Wireless Facility shall be setback a minimum distance of
two times (2x)the height of the tower from the property line of any residential
dwelling.
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8. Accessory Utility Buildings:
a. All utility buildings and structures accessory to a tower are required to have
design review approved by the city prior to construction.
9. Abandoned Or Unused Towers Or Portions Of Towers:
a. As a condition of approval of any required conditional use permit for personal
wireless facilities, all abandoned or unused towers and associated facilities shall
be required to be removed within sixty(60) days of cessation of use as a Personal
Wireless Facility unless a time extension is granted by the city. A copy of the
relevant portions of a signed lease, which requires the applicant to remove the
tower and associated facilities upon cessation of the use as a Personal Wireless
Facility, shall be submitted at the time of application. In the event that the tower
and associated facilities are not removed within the sixty (60) days, the tower and
associated facilities may be removed by the city and the costs of removal assessed
against the property.
10. Additional Application Submittal Requirements:
a. In addition to the information required elsewhere in this code,development
applications for personal wireless facilities, shall include the following
supplemental information:
(1) Documentation from a qualified and licensed professional engineer showing
that the proposed facility will be in compliance with the FCC standards
regarding radio frequency(RF)emissions.
(2) A report from a qualified and licensed professional engineer which describes
the tower height and design (including a cross section and elevation);
documents the height above grade for all potential mounting positions for
collocated antennas and the minimum separation distances between antennas;
describes the tower's capacity, including the number and type of antennas that
it can accommodate; documents what steps the applicant will take to avoid
interference with established public safety telecommunications; includes an
engineer's stamp and registration number; and includes other information
necessary to evaluate the request.
(3) For all personal wireless facilities, a letter of intent committing the tower
owner and his or her successors to allow the shared use of the tower, as
required by this code, if an additional user agrees in writing to meet
reasonable terms and conditions for shared use.
(4) Documentation showing that the proposed tower complies with regulations
administered by federal aviation administration.
(5)Written approval of the site location with specific reference to the height of the
antenna structure and any lighting issues, from the federal aviation
administration, the chief of the Idaho bureau of aeronautics, and the Boise
airport commission and an aviation easement approved by the Boise airport
commission.
(6) Propagation charts showing existing and proposed transmission coverage at
the subject site and within an area large enough to provide an understanding
of why the facility needs to be in the chosen location.
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(7) A written analysis demonstrating that the proposed site is the most appropriate
site within the immediate area. For the purposes of this subsection, the
analysis shall include all properties within the search radii stated above. The
analysis shall include,but is not limited to,the following:
(A)Description of the surrounding area,including topography;
(B)Natural and manmade impediments that would obstruct adequate cellular
telephone transmissions;
(C)Physical site constraints that would preclude construction of a cellular
telephone facility on any other site;
(D)Technical limitations of the system that limit siting options.
11. Permits:
c. In addition to the findings required and conditions permitted for conditional use
permits, as stated within section 8-7-3 of this title, the city council shall make an
additional finding concerning the duration of the conditional use permit. Upon
finding that the conditional use permit is to be limited in duration, a condition
limiting the duration and the basis for such a condition shall be included within
the findings of fact and conclusions of law for the conditional use permit.
12. Additional Requirements For Notice Of Public Hearing:
a. All Personal Wireless Facilities requiring a conditional use permit shall comply
with the conditional use notice requirements within this code. Tower mounted
Personal Wireless Facilities shall comply with the following additional
requirements:
(1) All property owners within one thousand feet (1,000') of all property lines of
the site (or lease boundary lines, if applicable) shall be notified of the public
hearing by the city, by mail, a minimum of fifteen (15) days before the
scheduled public hearing. The applicant will be required to provide the names
of the property owners to the city.
C. DISCUSSION:
• The applicant is proposing to construct a 110-foot high mono-pole personal wireless facility
camouflaged as a pine tree to be located adjacent to the southern property line of Eagle Hills
Golf Course on fairway#2 approximately 900-feet southwest of the intersection of East Eagle
Hills Way and North Winged Foot Place. As proposed, the personal wireless facility will have
sufficient room to allow for five (5) carriers to co-locate antennae facilities on the mono-pole
structure. The applicant provided photo simulations, date stamped by the City on January 30,
2014, showing the personal wireless facility to be approximately twice as high as the
surrounding tree canopy. Pursuant to Eagle City Code, Section 8-3-5 (S)(2)(c)(2), personal
wireless facilities located within residentially zoned areas are to be camouflaged or concealed,
not readily identifiable as such, and are to be designed to be aesthetically compatible with
existing and proposed uses on the site. The applicant is proposing to locate the personal
wireless facility in proximity to other evergreen trees, however, due to the proposed height of
the personal wireless facility does not appear to be compatible with the existing tree canopy of
the existing evergreens. The proposed personal wireless facility should be reduced in height to
be aesthetically compatible with the existing tree canopy located adjacent to the proposed site.
The applicant should provide a revised elevation showing the proposed personal wireless
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facility reduced in height to be aesthetically compatible with the existing tree canopy. The
revised elevation should be provided prior to the Design Review Board reviewing the design
review application associated with the proposed personal wireless facility.
• The applicant is proposing the personal wireless facility to be located at the site in perpetuity.
Pursuant to Eagle City Code, Section 8-3-5(S)(9)(a), as a condition of approval of any required
conditional use permit for personal wireless facilities, all abandoned or unused towers and
associated facilities shall be required to be removed within sixty (60) days of cessation of use
as a personal wireless facility unless a time extension is granted by the city. A copy of the
relevant portions of a signed lease, which requires the applicant to remove the tower and
associated facilities upon cessation of the use as a Personal Wireless Facility, shall be
submitted prior to the issuance of a zoning certificate. In the event that the tower and
associated facilities are not removed within the sixty (60) days, the tower and associated
facilities may be removed by the city and the costs of removal assessed against the property.
• The applicant provided an Enlarged Site Plan (sheet number: C-2), date stamped by the City
on February 3, 2014, which shows the proposed fencing surrounding the site to be an eight
foot (8') high cedar fence. Pursuant to Eagle City Code, Title 8, Chapter 2A, Section 7, cedar
fencing is prohibited. The applicant should provide a revised Enlarged Site Plan showing the
eight foot (8') high fence surrounding the site to be constructed of a material that is allowed
pursuant to Eagle City Code. The revised Enlarged Site Plan should be reviewed and approved
by the Design Review Board prior to issuance of Zoning Certificate for the construction of the
Personal Wireless Facility.
• Pursuant to Eagle City Code, Title 8, Chapter 3, Section 5(S), the applicant is required to
provide additional application information from a qualified and licensed engineer
documenting specific items in regard to the proposed personal wireless facility. The applicant
has not provided the required information prior to approval of the proposed personal wireless
facility due to the costs associated with the engineering reports. The required documentation
for personal wireless facilities consists of the following: 1) the proposed facility will be in
compliance with the FCC standards regarding radio frequency(RF)emissions and 2)the tower
height and design (including a cross section and elevation); documents the height above grade
for all potential mounting positions for collocated antennas and the minimum separation
distances between antennas; describes the tower's capacity, including the number and type of
antennas that it can accommodate; documents what steps the applicant will take to avoid
interference with established public safety telecommunications; includes an engineer's stamp
and registration number; and includes other information necessary to evaluate the request. The
applicant should provide the documentation prior to the issuance of a Zoning Certificate for
the construction of the personal wireless facility.
• Pursuant to Eagle City Code, Title 8, Chapter 3, Section 5(S), the applicant is required to
provide written approval of the site location (with specific reference to the height of the
antenna structure and any lighting issues) from the federal aviation administration, the chief of
the Idaho bureau of aeronautics, and the Boise airport commission and an aviation easement
approved by the Boise airport commission. The written approvals should be provided prior to
the issuance of a Zoning Certificate for the construction of the personal wireless facility.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March
17, 2014, at which time public testimony was taken and the public hearing was closed. The Eagle
Planning and Zoning Commission requested additional information be provided by the applicant and
remanded the application to staff. The Eagle Planning and Zoning Commission directed staff to re-
notice the application upon receiving the requested information. The application was re-noticed and
the conditional use permit application came before the Eagle Planning and Zoning Commission for
their recommendation on May 19, 2014, at which time public testimony was taken and the public
hearing was closed. The Commission made their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by 14 individuals. They were opposed to the proposed conditional use permit for the following
reasons:
• The applicant has not provided all of the required application information pursuant to Eagle
City Code(i.e. detailed propagation charts, existing cell tower locations, other locations where
a personal wireless facility may be located,etc.).
• As proposed the personal wireless facility is not in conformance with Eagle City Code based
on the structure is not aesthetically compatible with the surrounding area.
• There are no overhead utilities located within the surrounding area.
• The proposed fencing in not in context with the existing fencing located in proximity to the
site.
• Concerns with the maintenance of the proposed service road.
• Based on the proposed height the proposed personal wireless facility will have a significant
impact to the neighbors located in proximity to the site.
• The proposed fencing may be vandalized with graffiti.
• There is new technology that exists and cell towers are becoming obsolete.
• Most homes are now equipped with WIFI.
• Individuals do not purchase homes located adjacent to a golf course to look at a cell tower.
• The sound coming from the proposed air conditioning units associated with the equipment will
impact the adjacent properties.
• Personal wireless facilities are only compatible if scaled properly.
• The value of the surrounding properties will be reduced due to the proposed location.
• The personal wireless facility will obstruct the view of some property owners.
• Although the proposed personal wireless facility is camouflaged as a pine tree it still looks like
a cell tower.
• The applicant has not addressed lighting requirements.
• Other locations may be more compatible for locating a personal wireless facility.
• The value of homes is already decreased and if the personal wireless facility is constructed it
may cause those values to decrease more.
• Noise from the air conditioners associated with the equipment will be a factor.
• The personal wireless facility is not needed because the coverage in the area is fine.
• The proposed personal wireless facility will be located in a view corridor.
• The proposed personal wireless facility is located within the center of an existing
neighborhood.
• The applicant should take time to plan for some other sites that may be more acceptable.
• Most individuals have existing state of the art communication systems within their homes and
have not experienced dropped calls.
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C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
one (1) individual who indicated the community needs additional cellular coverage to allow for
streaming of movies and quicker upload times. The person also indicated that a majority of individuals
do not have landlines within their residences.
D. Oral testimony neither in favor of nor in opposition to the application was provided by one (1)
individual who indicated the communication infrastructure within the community needs to be updated.
The person also indicated they have concerns with the communication infrastructure being overloaded
in the event of an emergency.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The proposed use is similar to having a commercial operation within a residential area.
• The proposed personal wireless facility is both a benefit and a detriment to the community.
The personal wireless facility will benefit the community through the improved cell service
it will provide, however, it will be detrimental due to the proposed structure not being
aesthetically compatible with the existing tree canopy in the area.
• Personal wireless facilities should be constructed in areas that have not been developed.
• The applicant should be required to match the height of the existing tree canopy.
• Although the personal wireless facility is disguised as a pine tree it still looks like a cell
tower.
• The proposed personal wireless facility is not aesthetically compatible with the existing tree
canopy due to the height of the structure.
• As proposed the personal wireless facility is not in conformance with Eagle City Code
because of the proposed height in relationship to the surrounding tree canopy.
• The cooling equipment can be running any hour of the day, for any duration, during all four
(4) seasons causing noise that will be disruptive to the surrounding neighbors.
COMMISSION DECISION:
The Commission voted 4-0 (Smith absent)to recommend denial of CU-01-14 for a conditional use
permit for a Personal Wireless Facility (Height-Over 35 Feet) for Skyway Towers, LLC, for the
reasons stated under the Commission Deliberation section above.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, Monday, January 13, 2014, in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on January 30, 2014.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on February 24, 2014. Notice of this public hearing was mailed to property owners within 1000-
feet of the leased area in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on February 20, 2014. The site was posted in accordance with the Eagle City Code on
March 7, 2014. Requests for agencies' reviews were transmitted on February 7, 2014, in accordance
with the requirements of the Eagle City Code.
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Due to the application being remanded the application was re-noticed. Notice of Public Hearing on the
application for the Eagle Planning and Zoning Commission was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on April 28, 2014. Notice
of this public hearing was mailed to property owners within 1000-feet of the leased area in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 25, 2014.
The site was posted in accordance with the Eagle City Code on May 9, 2014.
3. The Commission reviewed the particular facts and circumstances.of the proposed conditional use(CU-
01-14) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and
has concluded that the proposed conditional use:
B. Will not 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), since
personal wireless facilities are to be concealed, not readily identifiable as such, and designed
to be aesthetically compatible with existing and proposed uses on the site in all residential (R)
zones. Due to the proposed height of the personal wireless facility (mono-pine) in relationship
to the adjacent tree canopy, the eight foot (8')high solid wood fencing bordering the site, and
the service road providing access to the site, the personal wireless facility (mono-pine) will be
identifiable and not aesthetically compatible with existing and proposed uses on the site;
C. Will not 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 change the essential character of the same area because 1) the proposed height of the
personal wireless facility (mono-pine) will exceed the height of the existing tree canopy by
approximately three(3)times the height, 2)the proposed solid fencing is not compatible to the
open style fencing in proximity to the site, and 3) the service road for the proposed site is
much larger than a typical cart path found on a golf course since it is designed to serve
vehicles instead of golf carts. Thus, the proposed use and site will not be harmonious and
appropriate in appearance with the existing character of the general vicinity and as proposed
will change the essential character of the area;
D. Will be hazardous or disturbing to existing or future neighborhood uses since the proposed
height of the personal wireless facility (mono-pine) is not aesthetically compatible with the
surrounding tree canopy and the noise generated from the cooling units associated with the
equipment structures will be disturbing to the surrounding neighborhood;
DATED this 2nd day of June, 2014.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
4P, (RLS it c
.•`'' Oj E'% ,�''.
Don Roehling, Chairman <.k ..••••.��
4.. 4; ly0iR l' t
O
ATTEST: v ••i
1 ,•�i'•4,44`PT ryS..�"<IP.4'ilk j Sharon . Bergmann,Eagle City C erk ��'"""'•'''�
Page 13 of 13
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