Findings - DR - 2016 - DR-61-15 - Construct A 106' Wireless Facility Located Eagle High School Football FieldBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR A PERSONAL
WIRELESS FACILITY (HEIGHT OVER
35 -FEET) TAEC — DOUG KOFFORD
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -61 -15
The above - entitled design review application came before the Eagle Design Review Board for their action
on January 14, 2016. The Design Review Board having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
TAEC, represented by Doug Kofford, is requesting design review approval to construct a 106 -foot
tall personal wireless facility to be located adjacent to the perimeter fencing of the football field at
Eagle High School. The 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:
The City of Eagle received the application for this item on November 17, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 14, 2015, in accordance with the
requirements of the Eagle City Code.
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).
On August 11, 2015, the City Council approved a conditional use permit for a personal wireless
facility (height over 35 -feet) to be located adjacent to the perimeter fencing at the northeastern
portion of the football field at Eagle High School (CU- 04 -14).
E. COMPANION APPLICATIONS: None
Page 1 of 12
K1Planning Dept\Eagle Applications\Dr\2015\1)R -61 -15 Monopole Cell Tower at EHS drf.do —doc
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
November 17, 2015.
I. SITE DESIGN INFORMATION:
SITE DATA
COMP PLAN
ZONING
LAND USE
51.7 -acres (]eased area
DESIGNATION
DESIGNATION
consists of 2,520 - square
Existing
Public /Semi- Public
PS (Public /Semipublic)
Eagle High School
Proposed
No Change
No Change
Personal wireless facility
area)
Setback (north)
(height over 35 -feet)
North of site
Residential One
RUT (Rural -Urban Transition
Residential subdivision -
- Ada County designation)
Rays Acres Subdivision
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 Transition
Vacant parcels
— 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
November 17, 2015.
I. SITE DESIGN INFORMATION:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
51.7 -acres (]eased 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.
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
southeast side of the personal wireless facility within the 2,520- square foot leased area. The
Page 2 of 12
K:\Pl —.ing Dept\Eagle Apph-tio \De2015\DR -61 -15 Monopole Cell Tower at EHS drfd —.doc
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; one story.
Gross Floor Area of Proposed Buildings: 312- square feet
On and Off -Site Circulation:
The site plan, date stamped by the City on November 17, 2015, shows a 12 -foot wide access
and utility easement providing access from North Park Lane to the northeast side of the leased
area.
K. BUILDING DESIGN FEATURES:
Roof: Aluminum roof (brown)
Walls: Aggregate concrete (light brown)
Windows/Doors: Stainless steel door (light brown)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: N/A
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS:
The mechanical units are proposed to be attached to the side of the equipment building. .
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
Page 3 of 12
KAPlanning Dept\Eagle ApplicationADA2015\13R -61 -15 Monopole Cell Tower at EHS drf docx.doc
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. 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
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
Tesoro Logistics
W. LETTERS FROM THE PUBLIC: None received to date.
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
Page 4 of 12
KAPlanning DeptNEagle ApplicationsDA2015\13R -61 -15 Monopole Cell Tower at EHS drf.docx doe
follow the relevant implementation strategies recommended in section 4.9.3 A
above.
B. CONDITIONAL USE PERMIT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• A personal wireless facility (height -over 35 -feet) with the structure not to exceed 106 -feet in
height (inclusive of a 6 -foot high lightning rod) is the only use approved with this conditional use
permit.
• 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.
• Chainlink fencing is permitted around the perimeter of the leased area (see Conclusions of Law,
Item C, on page 14 herein).
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
• 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.
• 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.
• 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 (2) additional providers.
C. ZONING CODE 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.
Page 5 of 12
KAPlanning Dept\Eagle Applications\DA2015DR -61 -15 Monopole Cell Tower at EHS drf doex.doc
• 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.
(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.
Page 6 of 12
KAPlanning Dept\Eagle Applicatio— \DA201MDR -61 -15 Monopole Cell Tower at EHS drfd —doc
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.
D. 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 carries. The proposed pole will also have a sixe foot (6') high
lightning rod located on the top of the structure for total height of 106 -feet. On August 11, 2015,
the Eagle City Council approved a conditional use permit for a 110 -foot high personal wireless
facility at this location (CU- 04 -14). The conditional use permit approval permitted the height of
the pole support structure to not exceed 100 -feet and the lightning rod portion to not exceed 106 -
feet in height.
Pursuant to the approval of the conditional use permit, chainlink fencing is permitted to be
installed around the leased area to screen the equipment area. Chainlink was permitted based on it
being compatible with the existing chainlink fencing currently located adjacent to the various
sports facilities located on the site.
The applicant is proposing to install a 312 - square foot equipment structure near the southeast
corner of the leased area. Two (2) wall mounted mechanical units are proposed to be located on
the northwest building elevation. The applicant should be required to paint the wall mounted
mechanical units to match the color of the structure prior to the issuance of a certificate of
occupancy.
• Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
Page 7 of 12
KAPlenning Dept \F gle Applimtions\Dr\2015\DR -61 -15 Monopole Cell Tower at EHS drf doer doe
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 14, 2016,
at which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 4 to 0 (Grubb, Sayer, and Martin absent) to approve DR -61 -15 for a design
review application to construct a 106 -foot tall personal wireless facility for TAEC, with the
following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of CU- 04 -14.
2. Paint the wall mounted mechanical units to match the color of the structure prior to the issuance of a
certificate of occupancy.
3. Any site or building lighting shall be screened per Eagle City Code 8- 4- 4- 2(A)(2 and 3).
4. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
5. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
6. No signs are proposed with this application and none are approved.
7. The structure is to be constructed of grey split face CMU The applicant is permitted to paint any
paint le surfaces (i.e.: doors, roll -up doors, etc.) to match the school colors.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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 a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
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.
Page 8 of 12
KAPlanning Dept\Eagle Applications\Dr\2015\DR -61 -15 Monopole Cell Tower at EHS drldo —doc
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, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (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 prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
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 used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation 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.
Page 9 of 12
KAPlanning Dept\Eagle Applications\DA2015DR -61 -15 Monopole Cell Tower at EHS drf.docx doc
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 Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development 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
Park and Pathway Development 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 City
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 the City Council 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.
Page 10 of 12
KAPlanning Dept\Eagle ApplicationADA2015 DR -61 -15 Monopole Cell Tower at EHS drf.docx doc
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. 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.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground- mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 17, 2015.
2. Requests for agencies' reviews were transmitted on December 14, 2015, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR- 61 -15) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the PS (public /semipublic) zoning district.
DATED this 281' day of January 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robe Grubb, Chairman
Page 11 of 12
KAPlanning Dept\Eagle Applications\Dr\20t5\DR -61 -15 Monopole Cell Tower at EHS drf.dom.doc
,•'/ //1 /1111 /11,
OF B,q
?ORq�•�F'
ATTEST: �1=
S SEAL
City Eagle •••• C �F s o`•�-�
Sharon K. Bergmann, g ty Cl rk •,_____ „s�
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
Page 12 of 12
KAPlanning Dept\Eaglc Applieations\Dr\2015\DR -61 -15 Monopole Cell Tower at EHS drldocx doe