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Findings - PZ - 2024 - CUP-2024-04 - Mixed Use Sub No. 5 - Conditional Use Permit for a Personal Wireless Facility (Height Over 50-Feet) BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A ) CONDITIONAL USE PERMIT FOR A ) PERSONAL WIRELESS FACILITY(HEIGHT ) OVER 50-FEET)FOR VERIZON WIRELESS ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CUP-2024-04 The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on September 16, 2024, at which time public testimony was taken and the public hearing was closed. 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: Verizon Wireless, represented by Sarah Miller with Lynx Consulting, is requesting conditional use permit approval for a personal wireless facility (height over 50-feet) to be attached to an existing building. The 3.85-acre site is located within the Eagle River development on the north side of East Eagle River Street and East Riverside Drive on Lot 20 and a portion of Lot 19,Block 3,Mixed Use Subdivision No. 5 at 230 East Riverside Drive. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM, on Wednesday, March 6, 2024, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on May 14, 2024. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on May 30, 2024, in accordance with the requirements of the Eagle City Code. 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 August 19, 2024. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 19, 2024. The site was posted in accordance with the Eagle City Code on September 6,2024. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 28, 2020, the City Council approved a conditional use permit application for a building height exception to 59-feet for a three-story office building(CU-07-19). On March 10, 2020, the City Council approved a design review application for an office building within Eagle River Development for Pet IQ,LLC(DR-02-20). E. COMPANION APPLICATIONS:None. Page 1 of 11 K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-04 Pet IQ Verizon Site East Shore\Working Files\CUP-2024-04 Pet IQ Verizon Wireless-Findings PZ.doc Page 1 of 11 F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-3-DA(Highway Business Office building District with a development agreement) Proposed No Change No Change Personal wireless facility(height over 50- feet)(attached to the existing office building) North of site Public/Semi- C-3-DA(Highway Business State Highway 44, Public and District with a development restaurants and office Downtown agreement)and CBD (Central building Business District) South of site Mixed Use MU-DA(Mixed Use with a St. Alphonsus medical development agreement) plaza East of site Commercial C-3-DA(Highway Business Vacant lot District with a development agreement) West of site Commercial C-3-DA(Highway Business Retail and office District with a development buildings agreement) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA, or DSDA. H. URBAN RENEWAL DISTRICT:No EXISTING SITE CHARACTERISTICS: The site contains a three(3) story office building(PET IQ). 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 roof of the existing building. The antennas will be attached to the parapet wall of the existing building. Height and Number of Stories of Existing Building: A 59-foot-high three(3) story office building is located within the site. Gross Floor Area of Proposed Buildings: N/A On and Off-Site Circulation: The site has two (2) access points. The west access point to East Eagle River Street is located approximately 255-feet east of the intersection of South Eagle Road and East Eagle River Street. The east access point to East Riverside Drive is located approximately 150-feet northeast of the intersection of East Eagle River Street and East Riverside Drive. Page 2 of 11 K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-04 Pet IQ Verizon Site East Shore\Working Files\CUP-2024-04 Pet IQ Verizon Wireless-Findings PZ.doc Page 2 of 11 K. PUBLIC SERVICES AVAILABLE: The site is located within an area serviced by Eagle Fire Department, Veolia Water 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—yes—The site is located within the 1%floodplain area as identified on the Flood Insurance Rate Map(FIRM)Panel#16001C0153J. Mature Trees — yes — located within the existing planter strips along the existing pathway and existing sidewalk Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—no Unique Plant Life—no Unstable Soils—no Wildlife Habitat—no 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. Ballentyne Ditch Company Department of Environmental Quality Eagle Fire Department Eagle Sewer District 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 Page 3 of 11 K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-04 Pet IQ Verizon Site East Shore\Working Files\CUP-2024-04 Pet IQ Verizon Wireless-Findings PZ.doc Page 3 of 11 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. THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: PERSONAL WIRELESS FACILITIES: Facilities necessary for the provision of personal wireless services(i.e.,towers, support buildings, etc.). • Eagle City Code Section 8-2A-6(A)(5): Utilities: b. The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); • Eagle City Code Section 8-2-3: Schedule of District Use Regulations: A Personal Wireless Facility (height over 50-feet) requires the approval of a conditional use permit within the MU(Mixed Use)zoning district. • Eagle City Code Section 8-3-5 Unique Land Uses: S. Personal Wireless Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other Such Structures: 2. Towers And Personal Wireless Facilities In Zoning Districts: b. Mixed Use District: 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 mixed use district. 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. Page 4 of 11 K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-04 Pet IQ Verizon Site East Shore\Working Files\CUP-2024-04 Pet IQ Verizon Wireless-Findings PZ.doc Page 4 of 11 13. Restricted Areas: a. Personal wireless facilities in excess of thirty five feet (35') in height and not contained within a building shall not be permitted within the "restricted area for telecommunications towers" as shown on Exhibit A located at the end of this section. However,notwithstanding the foregoing,personal wireless facilities may be allowed within the restricted area provided they are camouflaged or concealed, not readily identifiable as such, and designed to be aesthetically compatible with existing and proposed uses within the restricted area. EXHIBIT A ;�,p l,�i AR►.nn:ard;v*',for Teienmmmu Tern; ra 1 �f f � t`f ._�_._ � j ; l ti 1 Y , . r I y , t__1 .4...-D ;,-4, .,,---' , . ic\-4 , ,, � r _ - .4., ,. . :1— E47' 17, f:' ,LT-k:---1:4--j rL • I� �... at, `,.'' i , x Ar Ds�sna- �' `�` r,-- A f i u iti+ t 2, s ij r. k w`� - ``� _'-,, r -\,} it.„:-. .J.LITP"''l 4 to � . C. DISCUSSION: • The applicant is proposing to install a total of six(6) wireless antennas on the parapet wall of the PET IQ building located adjacent to State Highway 44. The six(6) wireless antennas will be located on the north, east, and west elevations and are proposed to be painted to match the brick texture and color of the existing building exterior. The proposed equipment platform is shown to exceed the height of the parapet wall. The applicant should be required to screen the equipment platform as required by Eagle City Code Section 8-2A-6(A)(5)(b). The proposed locations, painting, and screening of the wireless antennas and equipment platform should be reviewed and approved by the Design Review Board and City Council prior to the issuance of a zoning certificate. Page 5 of 11 K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-04 Pet IQ Verizon Site East Shore\Working Files\CUP-2024-04 Pet IQ Verizon Wireless-Findings PZ.doc Page 5 of 11 • The applicant is seeking to locate a personal wireless facility within the restricted area for telecommunications towers (as established in Eagle City Code Section 8-3-5[S]), where wireless facilities taller than thirty-five feet (35') are typically prohibited. To address this restriction, the applicant has proposed to conceal the equipment behind the building's parapet wall and screen it from view, as well as design the antennas to match the color and texture of the building's exterior. If designed as proposed and conditioned herein, it is staffs' opinion that the proposed personal wireless facility is aesthetically compatible with the existing building and may be appropriate at this location. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on September 16, 2024, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission(not including the applicant/representative)by no one. C. Oral testimony in opposition to the application was presented before the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission made a motion based upon the information provided by staff and the testimony received. A summary of the deliberation can be found at the following link (Granicus time: 00:26:13): hups://eagle-id.granicus.com/player/clip/1935 COMMISSION DECISION: The Commission voted 4 to 0 (McLaughlin absent)to recommend approval of CU-2024-04 for a personal wireless facility(height over 50-feet)with the following site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,whichever occurs first. 2. A personal wireless facility (height over 50-feet) is the only use approved with this conditional use permit. The overall height of the equipment platform shall not exceed 52-feet, 8-inches. 3. The proposed locations, painting, and screening of the wireless antennas and equipment platform shall be reviewed and approved by the Design Review Board and City Council prior to the issuance of a zoning certificate. 4. The six(6)wireless antennas shall be located on the north, east, and west elevations(as shown on the building elevations, date stamped by the City on May 14, 2024) and shall be painted to match the brick texture and color of the existing building exterior. The applicant shall be required to screen the equipment platform as required by Eagle City Code Section 8-2A-6(A)(5)(b) prior to the issuance of Certificate of Completion. 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. Page 6 of 11 K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-04 Pet IQ Verizon Site East Shore\Working Files\CUP-2024-04 Pet IQ Verizon Wireless-Findings PZ.doc Page 6 of 11 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 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. 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 surety 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. Page 7 of 11 K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-04 Pet IQ Verizon Site East Shore\Working Files\CUP-2024-04 Pet IQ Verizon Wireless-Findings PZ.doc Page 7 of 11 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. 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 Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. Page 8 of 11 K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-04 Pet IQ Verizon Site East Shore\Working Files\CUP-2024-04 Pet IQ Verizon Wireless-Findings PZ.doc Page 8 of 11 15. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and the City Engineer 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 floodplain (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. 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. Page 9 of 11 K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-04 Pet IQ Verizon Site East Shore\Working Files\CUP-2024-04 Pet IQ Verizon Wireless-Findings PZ.doc Page 9 of 11 27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the event there is a new owner of the property, the new owner(s) shall be bound by the same conditions of approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide written acknowledgment to the City accepting the terms of the transferred conditional use permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be declared void after notice and public hearing before the city council. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU-2024-04) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses"and has concluded that the proposed conditional uses: A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-3 since a personal wireless facility may be permitted within the C-3 zoning district with the approval of a conditional use permit; 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), with the conditions provided herein, since the site is designated as Commercial within the Comprehensive Plan and a personal wireless facility may be permitted with the approval of a conditional use permit within the C-3 zoning designation. Furthermore, the proposed facility will be camouflaged and concealed by the existing building and will therefore not be incompatible with the surrounding buildings within the City's scenic corridor; 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, since the antennas are required to be designed to match the color and texture of the existing building, the equipment is required to be concealed from view behind the parapet wall, and the designs of the antennas and equipment are required to be reviewed and approved by the Design Review Board and City Council; D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the personal wireless facility will be attached to the existing Pet IQ building, and all equipment will be concealed from view; 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. The site is equipped with proper drainage facilities that will adequately manage runoff and refuse disposal will not be impacted as the facility will not generate waste requiring special handling. The site is currently, and will continue to be, served by the Eagle Police Department, Eagle Fire Department, Eagle Sewer District, and Veolia Water; 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 applicant will bear all costs of development; Page 10 of 11 K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-04 Pet IQ Verizon Site East Shore\Working Files\CUP-2024-04 Pet IQ Verizon Wireless-Findings PZ.doc Page 10 of 11 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 transportation system has been found to be adequate by the ACHD and since the proposed personal wireless facility is not expected to generate any 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 as approved by the ACHD, since all vehicular approaches have already been developed and approved by ACHD and the proposed facility will not generate significant traffic;and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance, since no natural, scenic, or historic features exist on site. 4. Failure to comply with all provisions and any condition of approval of this conditional use permit may result in a compliance hearing in front of the City Council at which time the Council may add conditions to the permit,modify existing permit conditions, or revoke all or part of the permit. DATED this 4th day of November 2024. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho /19 Trent Wright, Chairman ATTEST: ••°',.j,OF E1zi,,' zi Tracy E. ..orn,Eagle City Clerk ' * S • • *, ` SEAL Page 11 of 11 K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-04 Pet IQ Verizon Site East Shore\Working Files\CUP-2024-04 Pet IQ Verizon Wireless-Findings PZ.doc Page 11 of 11