Findings - PZ - 2000 - CU-15-00 - Install A Wireless Antenna On Replacement Light Structure/574 N Park Ln
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR
A WIRELESS FACILITY HEIGHT
EXCEPTION (US WEST WIRELESS LLC
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-I5-00
The above-entitled rezone application came before the Eagle Planning and Zoning Commission
for their recommendation on October 2, 2000. 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:
U.S. West Wireless, represented by Paul Hoffinan with W & H Pacific Engineers,
is requesting conditional use approval to install a wireless antenna on a
replacement light standard structure. The site is located on the Eagle High School
Baseball field at 574 N. Park Lane, Y2 mile N. of Highway 44.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 1,
2000.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on September 16, 2000. 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 September 11, 2000. Requests
for agencies' reviews were transmitted on September 11,2000 in accordance with
the requirements of the Eagle City Code.
D.
-
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 13, 2000 the Design Review Board voted 3 to 0 to approve the
associated application DR-36-00.
E.
COMPANION APPLICATIONS: ZOA-2-00
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Public/Semi-Public PS (Public/Semi-Public) Eagle High School
Proposed No Change No Change No Change
North of site Residential One R T and RE (Residential) Residence/Agricultural
South of site Residential One A-R (Residential) Residence/Agricultural
East of site Residential One RT (Residential) Residence/Agricultural
West of site Residential One RT and RE (Residential) Residence/Agricultural
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
The location of this site is to the north of the baseball field at Eagle High School.
There are several existing light poles that are to remain and the perimeter fencing
around the ball field is to remain.
1.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 35.076-acres N/A
Percentage of Site Devoted to N/A N/A
Building Coverage
Percentage of Site Devoted to N/A N/A
Landscaping
Number of Parking Spaces N/A N/A
Front Setback 200-feet 20-feet minimum
Rear Setback 1,1 OO-feet 20-feet minimum
Side Setback 60-feet 20-feet minimum
Side Setback 1,600-feet 20-feet minimum
Note: The setbacks proposed for this site (as noted above) are calculated
by considering the entire school parcel as a whole, as measured from the site's
perimeter property lines.
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J.
K.
M.
N.
P.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: N/A
Height and Number of Stories of Proposed Buildings:
The light pole is proposed to be 90'6".
Gross Floor Area of Proposed Buildings: 9-square feet for the equipment rack attached to
pole.
On and Off-Site Circulation: N/ A
PUBLIC SERVICES AVAILABLE:
No water or sewer services are required for this particular use.
L.
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 - yes, not affected
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
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
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Eagle Fire Department
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Q.
R.
Eagle Sewer District
LETTERS FROM THE PUBLIC:
Letter dated June 14,2000 from Gary Alchin with US West.
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
1.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
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A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
. Proposed Ordinance #373 (ZOA-02-00) which is to allow the installation of personal
wireless facilities on existing light standards and power line support devices (or
replacement equivalent of same height) within the PS zoning district.
.
ECC Section 8-3-5 (S) (1) (a) In part states that wireless facilities are necessary in
order to:
1) Facilitate the provision of wireless telecommunication services to the residents
and businesses of the City;
(2) Minimize adverse visual effects of spires, poles, antennas, steeples, towers, and
other such structures through careful design and sitting standards;
(3) Avoid potential damage to adjacent properties from spire, pole, antenna, steeple,
tower, and other such structures' failure, through structural standards and setback
requirements; and
(4) Maximize the use of existing and approved towers and buildings to accommodate
new wireless telecommunication antennas in order to reduce the number of
towers needed to serve the community.
.
ECC 8-3-5 (S) (4) (a)
All personal wireless facilities shall be required to obtain design review approval
prior to construction.
B.
DISCUSSION:
. On August 14, 2000, the Planning and Zoning Commission voted unanimously to
pass ZOA-02-00 (proposed Ordinance #373) which allows personal wireless facilities
to be installed on existing light standards within a PS (Public/Semi-Public) zone.
However, the Eagle City Council has not yet been presented with this proposed
amendment to ECC Sections 8-3-5 and 8-2-3. If the ordinance is passed, approved
and published, then staff recommends the approval of this application with its
conditions and restrictions as recommended.
. The applicant has entered into an Option and Easement Agreement (see attached
document) with the Joint School District No. 02 granting the applicant permission to
construct the proposed use. The applicant should provide a recorded copy of the
agreement to the City prior to the issuance of any building/zoning permits.
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Staff has reviewed the particular facts and circumstances of this proposed conditional
use and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for
approval of a conditional use), has made the following conclusions:
.
The proposed conditional use;
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of
Eagle City Code Title 8 as conditioned herein (to comply with ZOA-02-
00).
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 the development will be required to meet
conditions of a design review application;
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 development will not only be required
to meet the City's design review requirements, but will also be required to
meet the requirements noted herein;
D.
Will not be hazardous or disturbing to existing or future neighborhood
uses since the antenna is designed to intermingle with the existing lighting
hardware.
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 responses received by agencies
providing the public services or as conditioned herein.
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 structure will be attached to an existing (and
structurally strengthened) ball park illuminator.
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 access on existing vehicular approaches to the property which
are designed as not to create an interference with traffic on surrounding
public thoroughfares as required by the Ada County Highway District; and
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1.
Will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance since the only items that fit this
category are the exiting trees and if any of the existing trees are permitted
to be removed then they must be replaced with equivalent caliper
replacement trees as may be required by the Design Review Board.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF 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 below.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
City approval ofZOA-02-00 (proposed Ordinance #373) is required.
2.
The applicant shall provide a recorded copy of the Option and Easement Agreement,
between US West Wireless and Joint School District No. 02, to the City prior to the
issuance of any building permits.
3.
Comply with the site specific conditions of approval and standard conditions of approval
ofDR-36-00.
4.
The replacement light standard shall be a maximum of90.5-feet high.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
October 2, 2000, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by the no one.
COMMISSION DECISION:
The Commission recommends approval (2 to 1, 2 absent) of CU-15-00 for a Conditional
Use Permit to install a wireless antenna on a replacement light standard structure located
on the Eagle High School Baseball field at 574 N Park Lane, with the following site
specific conditions (with modifications from staff recommendations highlighted) and
standard conditions of approval;
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
City approval ofZOA-02-00 (proposed Ordinance #373) is required.
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2.
The applicant shall provide a recorded copy of the Option and Easement Agreement,
between US West Wireless and Joint School District No. 02, to the City prior to the
issuance of any building permits.
3.
Comply with the site specific conditions of approval and standard conditions of approval
ofDR-36-00.
4.
The replacement light standard shall be a maximum of 90.5-feet high and the antenna
shall not be located above the light fixture.
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
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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.
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.
10.
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.
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14.
15.
16.
17.
11.
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.
12.
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. "
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.
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.
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.
b.
c.
d.
13.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or
any other area designated by the City Councilor 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.
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.
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.
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.
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.
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~ n ---~. ~---------------
18.
19.
20.
21.
22..
23.
Basements in the flood plain are prohibited.
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.
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.
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. 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 submits application to the City of Eagle for a change to the planned
use of the subject property.
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).
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 September 1,2000.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on September 16, 2000. 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
September 11, 2000. Requests for agencies' reviews were transmitted on September 11,
2000 in accordance with the requirements of the Eagle City Code.
3. The Commission has reviewed the particular facts and circumstances of this proposed
conditional use and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings
for approval of a conditional use), has made the following conclusions:
The proposed conditional use;
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G.
J.
K.
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of
Eagle City Code Title 8 as conditioned herein (to comply with ZOA-02-
00).
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 the development will be required to meet
conditions of a design review application;
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 development will not only be required
to meet the City's design review requirements, but will also be required to
meet the requirements noted herein;
D.
Will not be hazardous or disturbing to existing or future neighborhood
uses since the antenna is designed to intermingle with the existing lighting
hardware.
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 responses received by agencies
providing the public services or as conditioned herein.
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 structure will be attached to an existing (and
structurally strengthened) ball park illuminator.
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;
Will have access on existing vehicular approaches to the property which
are designed as not to create an interference with traffic on surrounding
public thoroughfares as required by the Ada County Highway District; and
Will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance since the only items that fit this
category are the exiting trees and if any of the existing trees are permitted
to be removed then they must be replaced with equivalent caliper
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replacement trees as may be required by the Design Review Board.
DATED this 16th day of October, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, daho
(j
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