Findings - PZ - 2015 - CU-04-14 - Cup For Wireless Facility Over 35'/Adjacent To Outfield Fence/574 N Park Ln BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT )
FOR A 106-FOOT HIGH PERSONAL )
WIRELESS FACILITY(HEIGHT OVER )
35-FEET)AND A SETBACK WAIVER )
FOR DOUG KOFFORD/TAEC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-04-14
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on November 17, 2014. The application was continued to
December 15, 2014; a quorum was not present. The public hearing was rescheduled for January 5, 2015, at
which time the application was remanded to staff. The application was re-noticed and came before the
Eagle Planning and Zoning Commission on March 16, 2015, 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:
Doug Kofford/TAEC is requesting conditional use permit approval for a cell tower (defined as
"personal wireless facility height-over 35-feet" in Eagle City Code)to be located at the Eagle High
School site in place of an existing baseball field light pole. The proposed 2,500-square foot lease
area is located adjacent to the outfield fence of the Eagle High School baseball field approximately
175-feet east of North Park Lane at 574 North Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at Eagle High School from 6:00-7:00 PM, Monday,
July 21, 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 August 27, 2014. Additional
information was received from the applicant on September 18, 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 November 24, 2014. 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 November 20, 2014. Requests for
agencies' reviews were transmitted on November 12, 2014, in accordance with the requirements of
the Eagle City Code. The site was posted in accordance with the Eagle City Code on December 1,
2014.
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 March 2, 2015.
Page 1 of 14
K:\Planning Dept\Eagle Applications\CU\2014\CU-04-14 Doug Kofford TAEC pzf doc
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 27, 2015. The site was posted in accordance with the Eagle City Code on March 6, 2015.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 28, 2006,the City Council approved a personal wireless facility to be attached to an
existing baseball field light pole(CU-13-05).
On September 27, 2006, the City Council approved a design review to construct a personal
wireless facility on an existing light pole fixture to illuminate the baseball field at Eagle High
School (DR-120-05).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Public/Semi-Public PS (Public/Semipublic) Eagle High School
Proposed No Change No Change Personal wireless facility
(height-over 35 feet)
North of site Residential One RUT(Rural-Urban Residential subdivision—
Transition-Ada County Rays Acres Subdivision
designation)and A-R-DA
(Agricultural-Residential
with a development
agreement)
South of site Public/Semi-Public PS (Public/Semipublic) Eagle High School baseball
field
East of site Transitional Residential RUT(Rural-Urban Vacant parcels
Transition -Ada County
designation)
West of site Residential Three R-E(Residential-Estates) Residential subdivision—
Rays Acres Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The proposed site is located adjacent to the perimeter fencing at the northern portion of the
baseball field at Eagle High School.
Page 2 of 14
K:\Planning Dept\Eagle Applications\CU\2014\CU-04-14 Doug Kofford TAEC pzf.doc
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 51.7-acres(leased area N/A
consists of 2,520-square
feet)
Percentage of Site Devoted to Building Up to 7.7% (based on leased N/A
Coverage area)
Setback(north) 101-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 2 times 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 2,520-square foot leased area. The applicant is proposing
to construct six-foot(6')high chain link fencing 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: 293-square feet
On and Off-Site Circulation:
The site plan, date stamped by the City on August 27, 2014, shows a 12-foot wide access and
utility easement providing access from North Park Lane to the northwest side of the leased area.
K. PUBLIC SERVICES AVAILABLE:
The site is located within an area serviced by Eagle Fire Department, United Water Company of
Idaho, 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—no
Stream/Creek—no
Page 3 of 14
K:\Planning Dept\Eagle Applications\CU\2014\CU-04-14 Doug Kofford TAEC pzf.doc
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:
Central District Health Department
Eagle Fire Department
Republic Services
Tesoro Logistics NW Pipeline
Q. LETTERS FROM THE PUBLIC:None received to date
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.
Page 4 of 14
K:\Planning Dept\Eagle Applications\CU\2014\CU-04-14 Doug Kofford TAEC pzf doc
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,
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 8-2A-J Buffer Areas/Common Lots:
3. Materials:
d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for
screening.
• Eagle City Code Section 8-3-5 (S) Personal Wireless Facilities, Spires, Poles, Antennas,
Steeples, Towers, and Other Such Structures.
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').
c. Any proposed commercial wireless telecommunications service tower
shall be designed, structurally, electrically, and in all respects,to
Page 5 of 14
K:\Planning Dept\Eagle Applications\CU\2014\CU-04-14 Doug Kofford TAEC pzfdoc
accommodate both the applicant's antennas and comparable antennas for
at least two(2)additional users if the tower is over 110-feet in height, for
at least one(1)additional user if the tower is over 50-feet in height.
4. Tower And Antenna Design Requirements:
a. All Personal Wireless Facilities shall be required to obtain design review approval
prior to construction.
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.
6. Tower Lighting, Signage, and Attachments:
b. When incorporated into the approved design of the tower, light fixtures used to
illuminate ball fields, parking lots, or similar areas may be attached to the tower if
approved by the city.
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.
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.
C. DISCUSSION:
• The applicant is proposing to replace an existing 89-foot high light standard located at the
Eagle High School baseball field with a 100-foot high stronger and taller pole that will
accommodate 12-panel antennas, one (1) additional carrier, and the existing baseball field
stadium lights. The proposed pole will also have a six foot (6') high lightning rod located on
the top of the structure for a total height of 106-feet.
Page 6 of 14
K:\Planning Dept\Eagle Applications\CU\2014\CU-04-14 Doug Kofford TAEC pzf.doc
• The applicant is proposing to lease the 2,520-square foot site from the West Ada School
District. The applicant should provide a copy of the executed lease agreement between the
West Ada School District and the personal wireless facility owner prior to issuance of a
Zoning Certificate for construction of the 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.
• 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 applicant has provided documentation
indicating the FAA approval is not required. The applicant should provide written approvals
from the Idaho Bureau of Aeronautics and the Boise Airport Commission prior to the issuance
of a Zoning Certificate for the construction of the personal wireless facility.
• The applicant is proposing to replace an existing baseball stadium light pole with a personal
wireless facility (height-over 35-feet) at the stadium light pole's current location. The existing
baseball stadium light pole is located approximately 102-feet from the adjacent property line
associated with a residential dwelling. The setbacks for stadium lighting is not regulated
within Eagle City Code. However, Eagle City Code Section 8-3-5(S)(5)(b), requires that
personal wireless facilities shall be setback a minimum of 2-times the height of the tower from
the property line of any residential dwelling. The proposed height of the personal wireless
facility (height-over 35-feet) is approximately 106-feet (inclusive of a 6-foot high lightning
rod). The applicant is requesting approval of a conditional use permit for a setback waiver to
allow the proposed personal wireless facility (height-over 35-feet) to replace the existing
baseball field stadium light pole at its current location approximately 102-feet from the
property line, which results in a 110-foot setback reduction. Pursuant to Idaho Code Section
§67-6512(1) exceptions or waivers of standards, other than use, inclusive of the subject matter
addressed by Idaho Code Section §67-6516, in a zoning ordinance may be permitted through
issuance of a special use permit (conditional use permit). If approved the proposed personal
wireless facility (height-over 35-feet) should be constructed in the area as shown on the
Overall Site Plan, date stamped by the City on August 27, 2014.
• The site elevations, date stamped by the City on August 27, 2014, shows the site to be
surrounded by six-foot (6') high chainlink fencing. Pursuant to Eagle City Code, Section 8-
2A-7(J)(3)(d) chainlink fencing, with slats or otherwise, and cedar fencing are prohibited for
screening. The applicant should submit a design review application showing a permitted style
of fencing to be reviewed and approved by the Design Review Board prior to the issuance of a
Zoning Certificate for the construction of the personal wireless facility.
Page 7 of 14
K:\Planning Dept\Eagle Applications\CU\2014\CU-04-14 Doug Kofford TAEC pzf doc
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Eagle Planning and Zoning Commission for
their recommendation on November 17, 2014. The application was continued to December 15, 2014; a
quorum was not present. The public hearing was rescheduled for January 5, 2015, at which time the
application was remanded to staff. The application was re-noticed and came before the Eagle Planning
and Zoning Commission on March 16, 2015, at which time public testimony was taken and the public
hearing was closed.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by four(4) individuals who expressed the following concerns:
• The view may be obstructed due to the additional height and additional antennas to be located on a
new pole.
• The radio frequency emission from the cell tower may cause health issues.
• Property values may decrease due to the placement of the cell tower.
• There may be alternative locations for the placement of a cell tower instead of being located at the
high school.
• The required setback for a cell tower of two times the height should not be reduced.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (other than the applicant/representative).
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• They understand why cell towers are usually opposed when they are proposed to be located in
proximity to residential areas.
• The applicant has looked for alternative sites.
• The setback requirement regarding personal wireless facilities to be setback two (2) times the
height of a cell tower from the property line of any residential dwelling creates a burden for
identifying possible locations to site cell towers.
• The approval of a conditional use permit allows for deviations to city code setback requirements.
• One(1) of the other stadium light poles has an antenna attached for another cellular carrier.
• There are federal laws in place that will not allow a denial based on health issues.
COMMISSION DECISION:
The Commission voted 3-0 (Koellisch and Soelberg absent) to recommend approval of CU-04-14 for a
conditional use permit for a personal wireless facility (height-over 35-feet) and a setback waiver for Doug
Kofford/TAEC, with the following staff recommended site specific conditions of approval and standard
conditions of approval with strike through text to be deleted by the Commission and underline text to be
added by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A personal wireless facility (height-over 35-feet) with the structure not to exceed 90.1-06-feet in
height . '. . . . .. ••_ : is the only use approved with this conditional use
permit.
2. Provide a copy of the executed lease agreement between the West Ada School District and the
personal wireless facility owner prior to issuance of a Zoning Certificate for construction of the
personal wireless facility.
Page 8 of 14
K:\Planning Dept\Eagle Applications\CU\2014\CU-04-14 Doug Kofford TAEC pzf doc
3. Provide written approval of the site location (with specific reference to the height of the antenna
structure and any lighting issues) from the Idaho Bureau of Aeronautics and the Boise Airport
Commission. The written approvals shall be provided prior to the issuance of a Zoning Certificate
for the construction of the personal wireless facility.
4. The applicant shall submit a design review application showing elevations of the proposed
personal wireless facility, ancillary building, screening, and site landscaping. The design review
application shall be reviewed and approved by the Design Review Board prior to the issuance of a
building permit for this site.
5. The proposed chainlink fence located at the perimeter of the leased area is prohibited. The
applicant shall submit a design review application showing a permitted style of fencing (for
screening of the leased area)to be reviewed and approved by the Design Review Board prior to the
issuance of a Zoning Certificate for the construction of the personal wireless facility.
6. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning
Department prior to commencing construction of a structure on the site.
7. The proposed personal wireless facility (height over 35-feet) shall be constructed in the area as
shown on the Overall Site Plan, date stamped by the City on August 27, 2014.
8. The baseball field stadium lights shall be attached to the personal wireless facility as shown on the
site elevations, date stamped by the City on August 27, 2014.
9. Upon the cessation of use of the personal wireless facility (over 35-feet in height), the abandoned
personal wireless facility and associated structures shall be required to be removed within 60-days
of cessation of use unless an extension is granted by the City Council. 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.
10. The personal wireless facility(height-over 35-feet)shall be designed, structurally, electrically, and
in all respects, to accommodate both the applicant's antennas and comparable antennas for at least
one(1)additional provider.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or 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 issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
2. Idaho Department of Environmental Quality 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.
Page 9 of 14
K:\Planning Dept\Eagle Applications\CU\2014\CU-04-14 Doug Kofford TAEC pz£doc
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 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. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
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, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, 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 Engineer prior to the City Engineer signing the final plat.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
10. 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,
Page 10 of 14
K:\Planning Dept\Eagle Applications\CU\2014\CU-04-I4 Doug Kofford TAEC pzfdoc
whichever occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. 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.
12. 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.
13. 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 Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 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 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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
Page 11 of 14
K:\Planning Dept\Eagle Applications\CU\2014\CU-04-14 Doug Kofford TAEC pzf doe
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. 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 specifically
approved by the Commission and/or Council.
21. 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.
22. 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.
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. 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.
25. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and
Zoning Commission approval date).
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. A Neighborhood Meeting was held on-site at Eagle High School from 6:00-7:00 PM, Monday, July
21, 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 August 27, 2014. Additional information
was received from the applicant on September 18, 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 November 24, 2014. 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 November 20, 2014. Requests for agencies' reviews
were transmitted on November 12, 2014, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on December 1, 2014.
Page 12 of 14
K:\Planning Dept\Eagle Applications\CU\2014\CU-04-14 Doug Kofford TAEC pzf.doc
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 March 2, 2015. 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 27, 2015.
The site was posted in accordance with the Eagle City Code on March 6, 2015.
3. The Commission reviewed the particular facts and circumstances of the proposed conditional use(CU-
04-14) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and
has concluded that the proposed conditional use:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) since a personal wireless facility (height-over 35-feet) may be permitted in the PS
(Public/Semipublic) zoning district if a conditional use permit is approved by the City Council.
Also, pursuant to Idaho Code Section §67-6512(f)exceptions or waivers of standards (reduction in
setback), other than use, inclusive of the subject matter addressed by Idaho Code Section §67-
6516, in a zoning ordinance may be permitted through issuance of a conditional use permit; and
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) since there are no
inconsistencies with the Comprehensive Plan and since a personal wireless facility height over 35-
feet is permitted with the approval of a conditional use within the PS (Public/Semipublic) zoning
district and the Comprehensive Plan designates this site as Public/Semi-Public. Also, pursuant to
Idaho Code Section§67-6512(f) exceptions or waivers of standards may be approved through the
issuance of a conditional use permit; and
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 since the applicant is conditioned to replace the existing stadium
light pole with a personal wireless facility (height-over 35-feet) that is the same height. Also, the
Commission believes the personal wireless facility (height-over 35-feet) will help reduce the
coverage gap; and
D. Will not be hazardous or disturbing to existing or future neighborhood uses since documentation
was provided from an RF Engineer that indicates the proposed personal wireless facility (height-
over 35-feet) will be designed and constructed to be in conformance with all FCC standards and
requirements. The documentation also indicated the proposed design will be in compliance with
the FCC's regulations regarding human exposure to radio frequency emissions and transmit levels;
and
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 the documentation provided from said agencies and as required as a
part of the conditions of approval. Also, the proposed use is to reduce the existing gap in coverage
for telecommunication devices; and
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 site will have
minimal traffic and does not require sewer and water to be extended to the site; and
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 since the personal wireless facility
Page 13 of 14
K:\Planning Dept\Eagle Applications\CU\2014\CU-04-14 Doug Kofford TAEC pzf doc
(height over 35-feet) will be provided with landscape buffers located around the fenced leased
area, the traffic generated from service vehicles should be approximately one (1) trip per month,
and the noise generated by the cooling equipment will be comparable to the noise generated by an
air conditioning unit for a typical residence; and
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares since the site is served by an existing access from
North Park Lane; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since none are apparent on the site and no changes to the existing site are proposed.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 6th day of April, 2015.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
--).;
Trent Wright, Chairman
ATTEST:
1 1 .••'.i OF Eq
Sharon ' . Bergmann, Eagle City Cler'. 0$.e0R4?,
tt
* SEAL ) ,1
0000
.s„:t.OF Woo
Page 14 of 14
K:\Planning Dept\Eagle Applications\CU\2014\CU-04-14 Doug Kofford TAEC pzfdoc