Findings - CC - 2015 - CU-04-14 - Cup For Cell Tower/Adjacent To Perimeter Fencing @Ne Portion Of Football FiBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT )
FOR A 106 -FOOT HIGH PERSONAL )
WIRELESS FACILITY (HEIGHT -OVER )
35 -FEET) AND WAIVER PURSUANT TO )
IDAHO CODE SECTION 67- 6512(F) 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 City Council for their action
on April 15, 2015. Based on the neighbor's concerns regarding the proposed location of the personal
wireless facility (height -over 35 -feet) the City Council directed the applicant to work with the West Ada
School District to re- locate the proposed personal wireless facility (height -over 35 -feet) to another area
located within the Eagle High School property. The application was continued to July 28, 2015. The Eagle
City Council, 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 adjacent to the
perimeter fencing at the northeastern portion of the football field at Eagle High School as shown
on the updated plan, date stamped by the City on June 30, 2015. The proposed 2,500- square foot
lease area is located adjacent to the northeast corner of the Eagle High School football field
approximately 750 -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.
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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.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
March 30, 2015. 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 March 27, 2015. The site was posted in
accordance with the Eagle City Code on April 3, 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 baseball field light pole fixture at Eagle High School (DR- 120 -05).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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 northeastern portion of the
football field at Eagle High School as shown on the updated plan, date stamped by the City on
June 30, 2015.
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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 football
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 northeastern portion of the
football field at Eagle High School as shown on the updated plan, date stamped by the City on
June 30, 2015.
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I.
J.
K.
L.
M.
N.
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
500 -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.
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 southeast
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 June 30, 2015, shows a 12 -foot wide access and utility
easement providing access from North Park Lane to the northeast side of the leased area.
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.
PUBLIC USES PROPOSED: None
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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
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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:
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.
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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.
2. Towers And Personal Wireless Facilities In Zoning Districts:
d. PS (Public /Semipublic) District:
(1) Personal wireless facilities may be permitted to be attached to existing light
standards and power line support devices (or replacement equivalent of same
height) provided, however, the antenna(s) are either flush mounted or mounted in
a manner that provides minimum visual impact. Notwithstanding the foregoing,
all provisions of this subsection S shall be applicable to wireless antennas located
on existing light standards and power line support devices.
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(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 the public /semipublic district unless installed in
accordance with subsection S2d(1) of this section.
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 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.
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11. Permits:
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 construct a 100 -foot high personal wireless facility located
adjacent to an existing 80 -foot high light stadium light standard located at the Eagle High
School football field. The personal wireless facility will accommodate 12 -panel antennas, two
(2) microwave dishes, and two (2) additional carriers. 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.
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 construct a monopole personal wireless facility to be located
adjacent to the existing football stadium light pole light standard located at the northeast
corner of the football field. 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). 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 June 30, 2015.
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The site elevations, date stamped by the City on June 30, 2015, 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.
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 site specific conditions of approval and standard conditions of approval provided
within their findings of fact and conclusions of law document, dated April 6, 2015.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 15, 2015, at which time
testimony was taken. Based on the neighbor's concerns regarding the proposed location of the personal
wireless facility (height -over 35 -feet) the City Council directed the applicant to work with the West
Ada School District to re- locate the proposed personal wireless facility (height -over 35 -feet) to another
area located within the Eagle High School property. The application was continued to July 28, 2015.
On July 28, 2015, the Council conducted a public hearing based on the proposed new location of the
personal wireless facility (height -over 35 -feet) and the public hearing was closed. The Council made
their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither opposed to nor in favor of the proposed application was provided by one (1)
individual who indicated that perhaps the application should have been re- noticed. The individual also
had a concern regarding students sitting in the bleachers in proximity to the proposed personal wireless
facility (height -over 35- feet).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU -04 -14 for a conditional use permit for a personal wireless facility
(height -over 35 -feet) for Doug Kofford/TAEC with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with strikethrough
text to be deleted by the Council and underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A personal wireless facility (height -over 35 -feet) with the structure not to exceed 90106 -feet in height
(inclusive of a 6 -foot high lightning rod) 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.
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. Chainlink fencing is permitted around the perimeter of the leased area (see Conclusions of Law, Item
C, on page 14 herein). The pr-epesed ehainlink fenee leeated eA the perimeter- of the leased area is
pfohibited. The appheant shall submit a design review applioatien showing a pefmitted sb,le of fenein
(for- ser-eening of the leased afea) to be reviewed and approved by the Design Review Beafd pr-ier- to
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.
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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 June 30, 2015.
8. The baseba4l field stadium lights shall be attaehed to the pefseaM wireless faeflity as shevin on the site
elevafiefis, date stamped by the City on August 27, 2044.-
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 two
ene -(1) additional providers.
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.
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
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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.
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, 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:
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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
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.
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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.
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.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on March 30,
2015. 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 March 27, 2015. The site was posted in accordance with the Eagle City Code
on April 3, 2015.
3. The Council 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. In
accordance with Idaho Code Section 67- 6512(f), the City Council approves a waiver of Eagle City
Code Section 8- 3- 5(S)(2)(d)(1) to allow a stand -alone mono -pole to be placed in proximity to the
existing ball field light pole in lieu of placing the cellular antennae on the existing light pole to
facilitate a setback from the bleacher seating and to accommodate better lighting coverage of the
ball field by allowing the light pole to remain at its current location; and
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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; 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 of the same area. The Council believes the personal wireless facility
(height -over 35 -feet) will help reduce the coverage gap and is the least intrusive means to provide
telecommunication coverage since the mono -pole will be aesthetically compatible with existing
uses on the site since it will be constructed in close proximity to an existing football stadium light
standard that is eighty foot (80') in height. The applicant is permitted to use chainlink fencing for
screening the equipment area to be compatible with the existing chainlink fencing currently
located adjacent to the various sports facilities located on the site; 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.
Also, the applicant is proposing to construct the personal wireless facility (height -over 35 -feet)
more internal to the site; 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
(height -over 35 -feet) will be located in proximity to existing stadium lights, 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 access from the high
school parking lot; 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.
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DATED this 111' day of August 2015.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada C I , Idah f••• •�•••••�.,,��.
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ATTEST: ou n cf 1 l�r'esj—e',
4Shar( K. Bergman Eagle City qlerk MISS
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis.
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