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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