Findings - DR - 2001 - DR-64-01 - Extend Existing Wireless Facility To 135 Feet In Height For Cricket Communications
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR)
A DESIGN REVIEW TO EXTEND THE EXISTING)
WIRELESS FACILITY TO 135-FEET IN HEIGHT)
FOR CRICKET COMMUNICATIONS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-64-01
The above-entitled design review application came before the Eagle Design Review Board for their
action on October 18, 2001. The Eagle Design Review Board having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Cricket Communications, represented by Pacific Telecom Services, is requesting design
review approval of a IS-foot extension to the existing 120-foot high monopole. The site
is located west of Horseshoe Bend Road within Republic Storage Facility, approximately
1,300-feet north of State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 4, 2001.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Design Review Board was
published in accordance with Eagle City Code on September 26, 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 Eagle City Code on September
21, 2001. Requests for agencies' reviews were transmitted on September 7, 2001 in
accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 25th, 1997, the Eagle City Council approved a conditional use for a 120-foot
high cellular monopole (CU-1O-96) for this site.
On June 7, 1999, the City of Eagle approved an additional wireless antenna to co-locate
on the existing monopole (DR-26-99).
On March 20,2001, the Eagle City Council approved an additional wireless antenna to
co-locate on the existing monopole (DR-I 0-0 1).
On July 17,2001, the Eagle City Council approved an additional wireless antenna to co-
locate on the existing monopole (DR-30-01).
On August 28, 2001, the Eagle City Council approved a conditional use permit to
increase the height of the existing 120-foot high monopole to 135-feet (CU-IO-96
MOD).
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E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Business Park BP (Business Park) Mini-storage facility with
wireless antenna
Proposed No Change No Change Add an additional wireless
antenna to existing
monopole
North of site Business Park RT (Ada County - rural Residence / Agricultural
transitional)
South of site Commercial C-3 (Highway Business District) Eagle Towne & Country
Centre
East of site Business Park BP (Business Park) Proposed mini-storage
facility
West of site Residential Four R-4 (Residential) Highway 55/Great Sky
Estates
G.
H.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
EXISTING SITE CHARACTERISTICS:
There is an existing 120-foot high wireless monopole with three antennas located on-site.
The site is located within the Republic Storage site.
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1.
SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 13.617-acres (592,416-square 0.05-acres (2,000-square feet)
feet)
Percentage of Site Devoted to N/A 50% (maximum)
Building Coverage
Percentage of Site Devoted to N/A N/A
Landscaping
Number of Parking Spaces N/A N/A
Front Setback 600-feet (approx.) N/A
Rear Setback 600-feet (approx.) N/A
Side Setback 320-feet (approx.) N/A
Side Setback 320-feet (approx.) N/A
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: N/A
Height and Number of Stories of Proposed Buildings: N/ A
Gross Floor Area of Proposed Buildings: N/ A
On and Off-Site Circulation:
The site is accessed through the Republic Storage facility from Horseshoe Bend
Road.
K.
BUILDING DESIGN FEATURES: N/A
1.
LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees
located in the vicinity of the existing monopole.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): N/ A
Street Trees: N/ A
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation
required.
Transition Zones: N/ A
Parking Lot Landscaping:
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M.
N.
O.
a. Perimeter Landscaping: N/ A
b. Interior Landscaping: N/A
TRASH ENCLOSURES: N/ A
OUTDOOR LIGHTING: N/ A
P.
SIGNAGE:
No signs are proposed with this application. A separate design review application is
required for the approval of any signs.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department and the Eagle
Sewer District have been received by the City. A water service approval has not been
received to date.
PUBLIC USES PROPOSED: None
Q.
R.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
S.
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
T.
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:
u.
Boise School District
Central District Health
Eagle Fire Department
Eagle Sewer District
New Union Ditch Company
United Water
V.
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
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A.
B.
C.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Section 8-3-5(S)( 4)
b. Towers and antennas shall be required to blend into the surrounding environment
through the use of color and camouflaging architectural treatment, except in instances
where the color is dictated by Federal or State authorities such as the Federal Aviation
Administration.
c. Personal wireless facility towers shall be of a monopole design unless the City
Council determines that an alternative design would better blend into the surrounding
environment.
d. With the exception of necessary electric and telephone service and connection lines
approved by the issuing authority, no part of any antenna or tower nor any lines, cable,
equipment or wires or braces in connection with either shall at any time extend across
or over any part of the right of way, public street, highway, sidewalk, or property line.
e. Every tower affixed to the ground shall be protected to discourage climbing of the
tower by unauthorized persons. The climbing pegs within the bottom twenty feet (20')
of the tower shall be removed and shall only be used when the tower is being serviced.
f. Metal towers shall be constructed of, or treated with, corrosive-resistant material.
.
Section 8-3-5(S)(6)
a. No antenna or tower shall have affixed or attached to it in any way, except during
time of repair or installation, any stationary lights, strobe lights, reflectors, flashers, or
other illuminating device, except as specifically required by the Federal Aviation
Administration, Federal Communications Commission, or other Federal or State
authority.
b. When incorporated into the approved design of the tower, light fixtures used to
illuminate ball fields, parking lots, or similar areas may be attached to the tower if
approved by the City.
c. The use of any portion of a tower for signs, other than warning or equipment
information signs, is prohibited.
d. No tower shall have constructed thereon, or attached thereto, in any way, any
platform, catwalk, crow's nest, or like structure, except during periods of construction
or repaIr.
.
Section 8-3-5(S)(8)(a)
All utility buildings and structures accessory to a tower are required to have design
review approved by the City prior to construction.
DISCUSSION:
.
There are four antennas on the existing 120-foot high monopole. One of the antennas
located on this monopole is an antenna for Cricket Communications at a height of90-feet.
The applicant is proposing to add an additiona115-feet to the monopole for a total of 135-
feet. The Voicestream antenna currently located at 120-feet will be moved to 135-feet and
the Cricket Communications antenna currently located at 90- feet will be moved to 120- feet.
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.
There will be no additional ground mounted equipment since the equipment was installed
with the antenna located at 90-feet (DR-30-0l). Per Eagle City Code every tower affixed to
the ground shall be protected to discourage climbing of the tower by unauthorized persons.
The climbing pegs within the bottom twenty feet (20') of the tower should be removed and
should only be used when the tower is being serviced.
There are no lights, reflectors, flashers or other illuminating devices proposed with this
wireless antenna.
. Other than warning or equipment information signs no signs are proposed with this
application and none are approved.
.
. No platform, catwalk, crow's nest, or like structures are proposed with this application and
none are approved.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC HEARING OF THE BOARD:
A. A public hearing on the application was held before the Design Review Board on October 18, 2001,
at which time testimony was taken and the public hearing was closed. The Board made their
decision at that time.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant).
BOARD DECISION:
The Board voted 4 to 0 to approve DR-64-01 for a design review application to extend an
existing wireless monopole to 135-feet in height with the following staff recommended site
specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Construct all electrical and telephone lines underground.
2. Locate all ground mounted equipment within the existing fenced area.
3. No lights, reflectors, flashers or other illuminating devices are approved with this wireless antenna
application.
4. Other than warning or equipment information signs, no signs are approved with this application.
5. No platform, catwalk, crow's nest, or like structures are approved with this application.
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
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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 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
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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.
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."
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.
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.
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 or Certificate of Occupancy, whichever occurs first.
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 or Certificate of
Occupancy, whichever occurs first.
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
or Certificate of Occupancy, whichever occurs first.
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
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
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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.
20. 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.
21. 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.
22. 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.
23. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from the Design Review Board approval date).
24. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
25. 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 4, 2001.
2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in
accordance with Eagle City Code on September 26, 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 Eagle City Code on September 21, 2001. Requests for agencies' reviews were
transmitted on September 7,2001 in accordance with the requirements ofthe Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review
application (DR-64-01) with regard to Eagle City Code Section 8-2A-13 Design Review Board
Action, and based upon the information provided concludes that the proposed design review
application is in accordance with the Eagle City Code.
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DATED this Sth day of November 2001.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada oun~
ATTEST:
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