Findings - PZ - 2001 - CU-08-01 - Replace Existing 37' Id Power Utility Pole W/67'/1000 W Ff Rd
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR
A 75-FOOT HIGH PERSONAL WIRELESS
FACILITY FOR QWEST WIRELESS LLC
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-O8-01
The above-entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on October 15, 2001. 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:
Qwest Wireless LLC, represented by Kevin Galik with Tetragenics, is requesting
conditional use approval to replace an existing 37-foot high Idaho Power wood utility pole
with a 67-foot high wood pole to accommodate a personal wireless facility (total height
with antenna to be 75-feet). The existing pole is located within the ACHD right-of-way
adjacent to the Eagle Middle School at 1000 W. Floating Feather Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 9,2001.
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 September 15, 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 September 12,2001. Requests for agencies' reviews were transmitted on August
10, 2001 in accordance with the requirements of the Eagle City Code.
D.
illS TORY OF RELEVANT PREVIOUS ACTIONS:
On November 14, 2000, the Eagle City Council approved a zoning ordinance amendment
(ZOA-2-01) to allow (as a conditional use) personal wireless facilities (height over 35-
feet) within the PS zoning district with the condition that they only to be attached to
existing light standards and power line support devises or replacement equivalent of the
same height.
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Public/Semi-Public PS (Public/Semi-Public) Eagle Middle School
Proposed No Change No Change No Change
North of site Residential Estates - R-E-P (Residential) Residence/Pasture
Planned Unit
Development
South of site Residential One (up to R-l (Residential) Residential Subdivision
one unit per acre max.)
East of site Residential Estates (up to RUT (Residential- Ada Residence/Dairy farm
one unit per two acres County designation)
max.)
West ofsite Residential Estates - R-E-P (Residential) Residence/Pasture
Planned Unit
Development
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
The location of this site is south of the Eagle Middle School building within the ACHD
right-of-way along Floating Feather Road.
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I.
SITE DESIGN INFORMA nON:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 30-acres +/- (adjacent N/A
school property)
Percentage of Site Devoted to Building N/A N/A
Coverage
Percentage of Site Devoted to Landscaping N/A N/A
Number of Parking Spaces N/A N/A
Front Setback (from right-of-way line) Located lO-feet within ISO-feet minimum*
the right-of-way
Rear Setback (from rear school boundary) 1,279-feet O-feet minimum+
Side Setback (eastern school boundary) 400-feet (approx) O-feet minimum+
Side Setback (western school boundary) 700-feet (approx) O-feet minimum+
* Pursuant to ECC Section 8-3-5 (S) (5) (c) - See Staff Analysis section "B" on pg. 6.
+ The Public/Semi-Public zoning designation does not have minimum setback requirements.
J.
GENERAL SITE DESIGN PEA TURES:
Number and Uses of Proposed Buildings: N/A
Height and Number of Stories of Proposed Buildings:
The wooden replacement pole has been proposed to be 67 -feet high. The combined height
of the replacement pole with the wireless antenna is 75-feet.
Gross Floor Area of Proposed Buildings:
A 4-foot by 6-foot equipment rack has been proposed to be located adjacent to the base of
the pole.
On and Off-Site Circulation:
The pole can be accessed from Floating Feather Road (as it is located within the right-of-
way).
K.
PUBLIC SERVICES A V AILABLE:
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
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N.
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
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
Q.
LETTERS FROM THE PUBLIC:
Petition in opposition signed by forty-five (45) individuals, date stamped by the City
October 9, 2001.
R.
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B.
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
c.
Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses;
E.
Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
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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.
STAFF ANALYSIS PROVIDED WITHIN THE REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
Chapter 4 - Schools, Public Services and Utilities
Telephone and Telephone Communications
Local telephone service is currently provided by US West to a majority of city residents.
Computer networking, teleconferencing, telecommuting, internet and wireless
communications are rapidly evolving. This trend is affecting how people make a living
and where they work in the community.
B.
ZONING ORDINANCE PROVISIONS, WillCH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
ECC 8-1-2 TOWER:
Any ground or roof-mounted pole, spire, similar structure, or combination thereof, with a
"height", as defined by this Title, in excess of fifteen feet (15'), including supporting lines,
cables, wires, braces, and masts, intended primarily for the purpose of mounting an
antenna, meteorological device, or similar apparatus above grade.
.
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
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E.
serve the community.
.
ECC Section 8-3-5 (S) (2) (b) PS (Public/Semipublic) District:
Wireless antennas 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 provide 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.
.
ECC 8-3-5 (S) (4) (a)
All personal wireless facilities shall be required to obtain design review approval prior to
construction.
.
ECC 8-3-5 (S) (5) (c)
Towers shall be set back from all existing public right-of-way lines (or planned right-of-
way lines if additional is to be acquired in the future) by a minimum distance equal to
twice the height of the tower including all antennas and attachments. If this requirement
conflicts with other setback requirements of this Code the setback with the greater distance
shall prevail, except as may be allowed in subsection SSe of this Section.
.
ECC 8-3-5 (S) (5) (d)
Towers shall not be located between a principal structure and a public street.
.
ECC 8-3-5 (S) (5) (e)
A tower's setback may be reduced or its location in relation to a public street varied, at the
sole discretion of the City Council, to allow the integration of a tower into an existing or
proposed structure such as a church steeple, light standard, power line support device, or
similar structure.
DISCUSSION:
.
Numerous issues in association with this application are present which make this project
unique from other personal wireless facility applications. First, Eagle City Code permits a
wireless facility to be located within a Public/Semi-Public zoning district through the approval
of a conditional use permit, provided certain criteria are met. Staff has interpreted those
criteria to mean that the wireless antenna may be placed on either existing light standards and
power line support devices or on a replacement equivalent of the same height as the standard
or pole it is replacing. This means that a wireless facility may be allowed in a Public/Semi-
Public zone, provided it is placed on an existing standard or pole with no increase in height; it
does not allow a new tower to be erected or an existing pole to be replaced with one of greater
height.
The existing pole referenced in this application is 37-feet in height. As noted above, the
maximum height of any replacement structure to accommodate a wireless antenna is 37-feet.
The applicant is proposing to install a 75-foot high wooden pole with antenna.
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The applicant states in the justification letter for this application that collocation on an existing
or approved tower or structure is encouraged within Eagle City Code. While this is true, the
code does not imply that all towers (existing utility poles in this instance) are automatically
approved for the installation of a personal wireless facility, nor are all existing power line
support devices appropriate for the installation of wireless antennas.
It is stated further in the applicant's justification letter that the site is one of seven areas
encouraged for location of personal wireless facilities, as referenced in ECC Section 8-3-5 (S)
(13) (b). This section, which is a map depicting possible areas for wireless facility locations
(called exhibit A), clearly does not show the Eagle Middle School site as an "encouraged
area". The map included within the applicant's justification packet is a copy of the draft map
that was not approved as part of the telecommunications/ personal wireless facilities ordinance
in 1997. The map was created for review and consideration by the Planning and Zoning
Commission and City Council. After consideration, the City Council approved the map as a
part of the ordinance with a condition that required, in part, the removal of the school sites
from the "encouraged areas". The draft map remained in the planning office merely as
reference material intended as an enlarged visual aide of parcels in the area.
.
Secondly, the proposed wireless facility is to be located on a utility pole within the public
right-of-way. When setbacks for structures are measured for compliance to Eagle City Code,
the distance is measured from all surrounding lot lines (i.e. front, rear, side etc.). In this
instance, there are no "lot lines" to measure from; it is located in a public right-of-way with
continuous boundaries and is essentially not defined as a lot. Eagle City Code allows the City
Council at its discretion to reduce the setback requirements to allow the integration of a tower
into an existing or proposed structure such as a power line support device. While there may be
circumstances where the setback reduction is warranted, such as in remote areas or parcels
consisting of large open acreages, the fall zone and the safety of surrounding people and
structures must be considered. Staff defers to the Council to determine if setback reductions
are warranted for the location of the personal wireless facility located on a utility pole within
the public right-of-way.
.
Eagle City Code states that the location of towers (including ground-mounted poles) shall not
be located between a principal structure and a public street. The utility pole proposed for
replacement is located directly in alignment between Floating Feather and the southeastern
section of the Eagle Middle School building. Staff believes the intent of the aforementioned
code is for aesthetic purposes, in order that the character of a building is not compromised by
the installation of a wireless facility in direct view of pedestrians and drivers passing by. In
addition, ECC Section 8-3-5 (S) (4) (b) requires all towers and antennas to "blend into the
surrounding environment". While the existing utility poles may be perceived to already
conflict with the surrounding area, adding an antenna and taller pole would further detract
from the intended expression that the architecture of a building is trying to convey.
.
While the applicant has made efforts to provide an antenna design that is "stealth" in character
as well as to locate on a replacement pole (75-feet in height) to limit the installation of
additional poles, staff believes the clearly stated purpose of the code is to only allow a wireless
facility in the Public/Semi-Public zoning district on an existing utility pole or replacement of
the same height.
.
Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
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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, not constitute a conditional use as established in Section 8-2-3 of
Eagle City Code Title 8;
B.
Will not 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 the intent of the ordinance for a personal wireless facility in a
Public/Semi-Public zoning district is to utilize, and not modify, existing
structures;
c.
Will not be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity since the wireless facility will not blend into the surrounding area as
required by Eagle City Code;
D.
Will be hazardous or disturbing to existing or future neighborhood uses because
the antenna would detract from the appearance of the school site since antenna is
located in a direct line of site between Floating Feather Road and the Eagle
Middle School building;
E.
Will not be required to be served adequately by essential public facilities such as
highways, streets, police and fITe protection, drainage structures, refuse disposal,
water and sewer and schools, since the wireless facility has not been found to
warrant an approval for a conditional use;
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 wireless facility has not been found to warrant an approval
for a conditional use;
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 not have access on existing 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.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends denial of the requested
conditional use permit to replace an existing 37-foot high Idaho Power wood utility pole with a 67-
foot high wood pole to accommodate a personal wireless facility (total height with antenna to be
75-feet).
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
15, 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 three (3) individuals concerned with the tower being placed in a residential school zone; the type of
structure not being appropriate to the area; and the facility would be an eyesore for the neighborhood.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant's representative).
D. Written testimony in opposition of this proposal was presented to the Planning and Zoning
Commission in the form of a petition signed by twenty (20) individuals (to supplement the petition
signed by forty-five (45) individuals previously submitted) with concerns regarding the tower's
negative effects on the surrounding neighborhoods, and the lack of visual shields of the tower would
detract from the country feel of the area.
COMMISSION DECISION:
The Commission voted 4 to 0 (Nordstrom absent) to recommend denial of CU-08-01 for a
conditional use permit for a 75-foot high personal wireless facility located on a replacement utility
pole at the Eagle Middle School.
The Commission determined that this application may be considered for approved if the applicant
were to perform one or more of the following actions: I) apply and obtain approval to amend the
zoning ordinance to allow the facility to be located on a utility pole at a height greater than the
existing pole, and 2) locate the facility on an existing utility pole or light standard without
increasing the height of the pole or standard and placed in an area not located between the public
right-of-way and a principle structure.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 9, 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 September 15, 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 September 12, 2001. Requests for agencies'
reviews were transmitted on August 10, 2001 in accordance with the requirements of the Eagle City
Code.
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-08-01) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
conditional use permit is not in accordance with the Eagle City Code because:
a.
The Commission held that while this site may be considered as a possible location for a
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personal wireless facility with a conditional use permit, the Eagle City Code expressly
states that the facility must utilize an existing utility pole, and not raise the height of the
pole, for the installation of an antenna.
b.
The Commission determined that the wireless facility would not blend into the
surrounding environment as required by Eagle City Code because the antenna would be
located in direct view between the public right-of-way and a principal structure (the school
building).
c.
The Commission determined that while Eagle City Code allows the City Council at its
discretion to reduce the setback requirements to allow the integration of a tower into an
existing or proposed structure such as a power line support device located in the public
right-of-way, the safety of surrounding people and structures in the area and their close
proximity to the fall zone does not warrant a reduction in setbacks for the facility.
DATED this 5th day of November 2001.
þ~ K ~~
Sharon K. Moore, Eagle City Clerk
ATTEST:
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