Findings - CC - 2001 - CU-10-96 MOD - Modificiation To Increase Height To 135'
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
A CONDITIONAL USE PERMIT FOR A )
135-FOOT HIGH PERSONAL WIRELESS )
FACILITY FOR CRICKET COMMUNICATIONS)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-IO-96 MOD
The above-entitled conditional use application came before the Eagle City Council for their action on
August 14,2001. The Eagle City Council having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Cricket Communications, represented by Kirk Johnson with Pacific Telecom Services,
LLC, is requesting a modification to the existing conditional use permit to increase the
height of the existing 120-foot high monopole to 135-feet to accommodate the co-location
of another cellular service provider. The existing pole is located at the Republic Mini-
Storage facility at 8785 Horseshoe Bend Road approximately l;4-mile north of State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 3, 2001.
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 June 16, 2001. 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 June 13,2001. Requests for agencies' reviews were transmitted on May 4,2001
in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on July 28, 2001. 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 July 25,2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 25, 1997, the Eagle City Council voted to approve a conditional use permit for
this site (CU-1O-96) for a 120-foot tall personal wireless facility.
E.
COMPANION APPLICATIONS: DR-30-01
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Business Park BP (Business Park) Cellular Tower
Proposed No Change No Change No Change
North of site Business Park RT (Residential- Ada Residence
County designation)
South of site Commercial C-3 (Highway Business Eagle Towne & Country
District) Centre Shopping Center
East of site Business Park BP (Business Park) Republic Mini Storage
West of site Residential Three (up to 3- R-4 (Residential) State Highway 55 & Great
units per acre max.) Sky Estates Subdivision
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
A 120-foot high cellular tower currently exists within the Republic Mini-Storage site.
I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQ UIRED
Total Acreage of Site .02-acres N/A
Percentage of Site Devoted to Building Less than 50% 50% maximum
Coverage
Percentage of Site Devoted to N/A N/A
Landscaping
Number of Parking Spaces N/A N/A
Front Setback 600-feet (approx) 20-feet minimum
Rear Setback 600-feet (approx) 13.5-feet
Side Setback 320-feet (approx) 13.5-feet
Street Side Setback 320-feet (approx) 20-feet minimum
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: N/A
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Height and Number of Stories of Proposed Buildings:
The tower is to be a maximum of 135-feet (currently 120-feet).
Gross Floor Area of Proposed Buildings: 100-square feet (concrete pad).
On and Off-Site Circulation: The site is accessed through the Republic Mini-Storage
facility from Horseshoe Bend Road.
K.
PUBLIC SERVICES AVAILABLE:
No water or sewer services are required for this particular use.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
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:
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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 fITe 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:
A.
B.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
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
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E.
wireless telecommunication antennas in order to reduce the number of towers needed to
serve the community.
.
ECC 8-3-5 (S) (3) (a) states in part that a proposal for a new commercial wireless
telecommunication service tower 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.
.
ECC 8-3-5 (S) (4) (a)
All personal wireless facilities shall be required to obtain design review approval prior to
construction.
DISCUSSION:
.
With regard to the functional relationship of the structure and the site in relation to its
surroundings, concerns arise as to whether it is appropriate to raise an existing 120-foot high
pole to 135-feet, thus making what some consider an "eyesore" more conspicuous. However,
if wireless facilities were not allowed to co-locate on an existing pole (which is required by
Eagle City Code), multiple poles would be erected to service the communication needs of the
community. Thus, one taller pole may be considered less invasive than multiple poles scattered
across the landscape.
.
There is no impact to on-site traffic conditions or to contiguous streets as the site rarely needs
to be accessed and is served by an existing driveway from the Republic Mini-Storage.
Adjoining properties to the east and west are over 600-feet from this site, while the property to
the north is rural in nature and the property to the south is a proposed commercial shopping
center (Eagle Towne & Country Centre). The impact on adjoining properties may be
considered minimal because there are no dense residential uses in the immediate area and the
industriaVcommercial uses surrounding the site are more use-intensive than a personal wireless
facility.
.
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;
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 tower 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 this use will not only be required to meet the City's design review
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requirements, but is also utilizing an existing pole rather than constructing a new
structure;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses since
no known complaints or safety issues have been received from the existing uses
surrounding the tower and little change will be made to the tower that would
warrant any subsequent concerns regarding these issues;
E.
Will be served adequately by essential public facilities such as highways, streets,
police and fIfe 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 tower and will not
require any additional services;
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 an existing vehicular approach to the property which is
designed so as to not create an interference with traffic on surrounding public
thoroughfares as required by the Ada County Highway District; and
1.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since none are apparent on this site.
STAFF 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 within the staff
report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 2,
2001, 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 no
one (not including the applicant).
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COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval for a conditional use permit for a 135-foot
high personal wireless facility for Cricket Communications with the site specific conditions of
approval and standard conditions of approval shown within their Findings of Fact and Conclusions
of Law document dated July 16,2001.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 14, 2001, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicants).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-1O-96 MOD for a conditional use permit for a 135-foot
high personal wireless facility for Cricket Communications with the following Planning & Zoning
Commission recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with the site specific conditions of approval and standard conditions of approval of DR-
30-01.
2.
Comply with all applicable site specific conditions of approval and standard conditions of approval
ofCU-1O-96.
3.
The tower shall be a maximum of 135-feet high.
4.
A zoninglbuilding permit is required prior to the construction and installation of the improvements
to the personal wireless facility.
5.
The applicant shall provide a letter from a qualified engineer stating the existing tower is
structurally capable of accommodating the proposed height extension to the tower.
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.
2.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits.
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3.
All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be
secured prior to issuance of building permit.
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.
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.
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 fust. 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.
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. 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 fust 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.
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.
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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.
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 fITst. 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 fITe 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 fITe 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 fITe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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.
14.
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.
15.
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.
16.
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.
17.
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
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20.
21.
22.
23.
Resources and/or any other agency having jurisdiction prior to issuance of a building permit.
18.
Basements in the flood plain are prohibited.
19.
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 City Council
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 May 3, 2001.
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 June 16, 2001. 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 June 13, 2001. Requests for agencies' reviews were
transmitted on May 4, 2001 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 28, 2001.
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 July 25, 2001.
3. The City Council 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:
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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;
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 tower 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 this use will not only be required to meet the City's design review
requirements, but is also utilizing an existing pole rather than constructing a new
structure;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses since
no known complaints or safety issues have been received from the existing uses
surrounding the tower and little change will be made to the tower that would
warrant any subsequent concerns regarding these issues;
E.
Will be served adequately by essential public facilities such as highways, streets,
police and fIfe 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 tower and will not
require any additional services;
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 an existing vehicular approach to the property which is
designed so as to not create an interference with traffic on surrounding public
thoroughfares as required by the Ada County Highway District; and
1.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since none are apparent on this site.
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DATED this 28th day of August 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Co ty, Idaho
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