The URL can be used to link to this page

Application TR ANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to cityclerk@meridiancity.org To: Attention C.Jay Coles, City Clerk By: September 14, 2018 City Clerk ’s Office 33 E. Broadwa y Avenue, Meridian, ID 83642 Phone 208-888-4433 Fax 208-888-4218  cityclerk@meridiancity.orgwww.meridiancit y.org Transmittal Date: August 20, 2018 File No: H-2018-0087 ALT, CUP Hearing Date: September 20, 2018 REQUEST: A Conditional Use Permit for a wireless communications facility in and R-8 zoning district for Hill’s Century Farm Wireless Communications Facility. By: Horizon Tower/Verizon Wireless c/o Powder River Development Services, LLC Location of Property or Project: -- SEC of E. Amity Rd and S. Eagle Rd Planning and Zoning Commission Meridian School District Tammy de Weerd, Mayor Meridian Post Office City Council Ada County Highway District Sanitary Services Ada County Development Services Building Department Central District Health Fire Department COMPASS Police Department Nampa Meridian Irrigation District City Attorney Settlers Irrigation District City Public Works Idaho Power Company City Planner Century Link Parks Department Intermountain Gas Co. Economic Development Idaho Transportation Department New York Irrigation District Ada County Associate Land Records Boise Project Board of Cont rol – Downtown Projects Community Development Meridian Development Corporation Valley Transit Historical Preservation Commission Idaho DEQ South of RR/SW Meridian NW Pipeline Boise-Kuna Irrigation District Hearing Date: September 20, 2018 File No.: H-2018-0087 Project Name: Hill’s Century Farm Wireless Communication Facility Request: Conditional use permit for a wireless communication facility in an R-8 zoning district, by Horizon Tower/Verizon Wireless c/o Powder River Development Services, LLC. Location: The site is located off the southeast corner of E. Amity Rd. and S. Eagle Rd., in the NW ¼ of Section 33, Township 3N., Range 1E. E IDIAN Planning Division DEVELOPMENT REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Accessory Use (check only 1) ❑ Daycare ❑ Home Occupation ❑ Home Occupation/Instruction for 7 or more ❑ Administrative Design Review K Alternative Compliance ❑ Annexation and Zoning ❑ Certificate of Zoning Compliance ❑ City Council Review ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment P9 Conditional Use Permit ❑ Conditional Use Modification (check only 1) ❑ Director ❑ Commission ❑ Development Agreement Modification ❑ Final Plat Applicant Information ❑ Final Plat Modification ❑ Landscape Plan Modification ❑ Preliminary Plat ❑ Private Street ❑ Property Boundary Adjustment ❑ Rezone ❑ Short Plat ❑ Time Extension (check only 1) ❑ Director ❑ Commission ❑ UDC Text Amendment ❑ Vacation (check only 1) ❑ Director ❑ Commission ❑ Variance ❑ Other Applicant name: Horizon Tower / Verizon Wireless c/o Powder River Development Services, LLC Phone: 208-501-7049 Applicant address: 408 S Eagle Rd, Ste 200 Email: owen.nason@powderriverdev.com City: Eagle State: ID Zip: 83616 Applicant's interest in property: ❑ Own IN Rent ❑ Optioned ❑ Other Construction of a wireless telecom facility Owner name: Marti Hill & David bo.R Phone: 208-378-4000 Owner address: 12601 W Explorer, Ste 200 Email: dturn'�V@brightoncorp.com City: Boise State: ID Zip: 83713 Agent/Contact name (e.g., architect, engineer, developer, representative): Owen Nason - Authorized Agent Firm name: Powder River Development Services, LLC on behalf of Horizon Tower and Verizon Phone: 208-501-7049 Agent address: 408 S Eagle Rd, Ste 200 Email: owen.nason@powderriverdev.com City: Eagle State: ID Zip: 83616 Primary contact is: ❑ Applicant ❑ Owner El Agent/Contact Subject Property Information Location/street address: No Situs. On SE Corner of Amity and Eagle RdTownship, range, section: 3N 1E 33 Assessor's parcel number(s): 51133223010 Total acreage: 39.71 Zoning district: R-8 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 ��w.meridiancit�.ora;plannin� -1 Rei,: (2/2/2 01 8 2/7/2 0 1 8) Project/subdivision name: 3N 1E 33 General description of proposed project/request: Construction of a new wireless tplpcommunications facility. Sco e of Work includes 100'�sttealth monopine with a fenced 20'X 70' lease area. Al 4r-V�C.4',fe Propose zoning d stric): 1No change Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial M Other•Wireless telecommunications facility Who will own & maintain the pressurized irrigation system in this development? N/A. Unmanned facility Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): none Residential Project Summary (if applicable) N/A Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: 4 or more bedrooms: Minimum square footage of structure (excl. garage): Maximum building height: _ Minimum property size (s.f): Average property size (s.f.): Gross density (Per UDC 11-1A-1): Net density (Per UDC 11 -IA -1): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): _ Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Duplex ❑ Multi -family ❑ Vertically Integrated Non-residential Project Summary (if applicable) ❑ Single-family Attached ❑ Townhouse ❑ Other Number of building lots: 1 Common lots: Other lots: Gross floor area proposed: lease area 1400 sf Existing (if applicable): none Hours of operation (days and hours): _N/A unmanned occupancy Building height: 100' monopine Total number of parking spaces provided: N/A unmanned Number of compact spaces provided: N/A Authorization Print applicant name: Applicant signature:` Date: 7/9/2018 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitl.ora/planninU -2- Rev: (2/7/2018) POWDER RIVER Development Services, LLC July 5, 2018 City of Meridian Community Development: Planning 33 E. Broadway Ave, Ste. 102 Meridian, ID 83642 Powder River Development Services, LLC 408 S. Eagle Rd, Ste. 200 Eagle, ID 83616 (208) 938-8844 office (208) 938-8855 fax www.powderriverdev.com Subject: Parcel: S1133223010 Site Address: No Situs. Located near SE corner of Amity and Eagle Road. Project Name: Horizon Tower 'Amity' Wireless Communications Facility Planning and Development Services, Powder River Development Services is representing Horizon Tower regarding the construction of a new wireless communication facility in the City of Meridian, referenced above. The scope of work of this project consists of: Construction of a new stealth, 100' tall monopine tower which will allow for collocation of multiple tenants. The compound will have a fenced 20'X70' lease area. Attached is the Narrative required by the City of Meridian for Conditional Use Permit applications. If you have any questions or need more information, please don't hesitate to ask. Respectfully, OL--� �-14, Site Acquisition Agent Powder River Development Services, LLC 408 S. Eagle Rd, Ste. 200 Eagle, ID 83616 (208) 501-7049 owen.nason@powderriverdev.com ALT Description of Project: Horizon Tower is proposing to install a 100' monopine with 20' x 70' lease area on the Southeast corner of Eagle and Amity road behind the existing Idaho Power Substation. This tower will be colocatable for up to four carriers. Horizon is submitting an alternative compliance application for the S' landscape buffer around the perimeter of the compound for the wireless facility. The future use of this property will be a storage unit and potential residential houses. The future storage unit will have a wall around the facility screening all the units and facilities from the road and adjacent properties. Since the proposed tower will be located inside the proposed facility and will have an additional wall screening views form the street is not feasible to install a landscape buffer in an area that will have vehicle traffic and storage. Installing a chain link fence with slats will block out the view of equipment maintaining the look of a storage facility. This area is growing quickly, we have worked together with Mr. Hill and Brighton on designing a facility that will work for the future growth of the area and would not have an aesthetic impact on the surrounding community. Narrative Conditional Use Application for Horizon Tower `Amity' Monopine Wireless Communication Facility A Proposal Submitted to the City of Meridian Prepared for: Horizon Tower Verizon Wireless Prepared by: �� POWDER RIVER Development Seivices,LLC 408 S Eagle Rd, Ste. 200 Eagle, ID 83616 June 29, 2018 Contents Descriptionof Project......................................................................................................... 2 Description of current and proposed uses........................................................................... 2 Response to 11-4-3-43: Wireless Communication Facilities Approval Criteria ................ 2 Response to 11-5B-6: Conditional Uses: ............................................................................ 8 Conclusion........................................................................................................................ 12 Horizon Tower — Amity Wireless Communications Facility Monopine Conditional Use Permit Application Description of Project With the Treasure Valley being one of the fastest growing regions in the US, there has been an increased network demand for cellular service. As illustrated in the enclosed drawings, the proposed 100' monopine will support panel antennas, and new ground mounted equipment will be located within a fenced enclosure. Additional space on the monopine is available to accommodate additional wireless carriers as needed for future collocation opportunities. The new wireless facility will add to Verizon Wireless' existing network and provide improved services to customers and improved calling/data capacity, thereby improving overall system performance. Verizon Wireless and Horizon Tower is committed to providing the latest in quality wireless services to the City of Meridian and the surrounding area for years to come. Description of current and proposed uses The proposed location of this development in the R-8 (Medium -density residential district) zoning district, is allowed with a Conditional Use Permit (Title 11-4-3-43 C. 5. a. City of Meridian Unified Development Code Chapter 4 Specific Use Standards). The proposed facility will be located near the corner southeast of S. Eagle Road and Amity Road, on a lot shared with a single-family residence and farm field. Because maintenance visits occur approximately once a month, there will be virtually no transportation impact to the surrounding area. Response to 11-4-3-43: Wireless Communication Facilities Approval Criteria All responses by Powder River Development Services (applicant) are in bold. 11-4-3-43: WIRELESS COMMUNICATION FACILITY: A. Purpose: The purpose of this section is to accommodate the communications needs of the city of Meridian's residents and businesses while at the same time protecting the safety, aesthetic appeal and general welfare of the community. Furthermore, it is the purpose of this section to regulate the impact of communication towers within the city limits and to provide for the wireless communication needs of the public. The intent of this section is to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city of Meridian. 2. Minimize the adverse visual effects of communication towers and other similar structures through careful design standards. 3. Avoid potential damage to adjacent properties from the structural failure of towers and other such structures through structural standards and setback requirements. 4. Require the collocation of new wireless communication equipment, when possible, in order to reduce the number of towers required to serve the city. 7 Horizon Tower — Amity Wireless Communications Facility Monopine Conditional Use Permit Application 5. Encourage the location of wireless communication facilities in nonresidential districts and/or districts where nonresidential uses are allowed. 6. Encourage the construction of stealth communication towers which are compatible with their surroundings and do not detract from the overall visual quality of the city. B. Applicability: The following provisions shall apply to any construction, installation, addition to or increase in the height of any wireless communication tower. C. Process: The process for wireless communication facilities is dependent upon standards as set forth in this section and the district in which the facility is located. 1. All proposed communication towers shall be designed (structurally and electrically) to accommodate the applicant's antennas as well as collocation for at least one additional user. Response: The 100' monopine will accommodate future collocations for multiple carriers using a stealth design. 2. A proposal for a new commercial communication tower shall not be approved unless the decision making body finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved structure and/or tower. Response: Based on the design criteria for selecting wireless facilities, Verizon Wireless' radio frequency engineers first develop a "Search Area" that identifies the geographic area where the site must be located in order to provide additional network capacity service. The location of the search area is based on radio frequency coverage objectives including, usage patterns, topography and other technical factors. There are no existing towers or structures within the geographic area capable of meeting the proposed facility's requirements. The search area size is very important to maintain adequate separation from Verizon Wireless' existing sites in their network. There is very little flexibility for the location of new facilities in the network because of the very low powered transmitters, which cover a relatively small geographic area, and the limitations of locating within Verizon Wireless' existing dense urban network of sites. The location of the search area is based on radio frequency coverage objectives, usage patterns, the location of adjacent Verizon Wireless facilities, topography and other technical factors. The Propagation Study maps in conjunction with the 'Location in Relation to Existing Sites' map illustrate the geographic area where the proposed site must be located to provide its service. Due to the close proximity of existing Verizon Wireless sites to the north, south, east, and west, the proposed site would interfere with one or more of Verizon Wireless' neighboring sites, and leave a gap in service if it were located outside of the search area. Interference could result in poor network quality, dropped calls, coverage gaps, fast busy signal and inability to initiate calls or access data. The proposed site location has been identified within the prescribed search area. As stated in the enclosed Propagation Maps, Verizon Wireless needs a new wireless 3 Horizon Tower — Amity Wireless Communications Facility Monopine Conditional Use Permit Application communication facility at this location to improve network capacity and offload demand from their existing network serving the area. 3. It shall be the burden of the applicant to demonstrate the proposed tower or antenna cannot be accommodated on an existing or approved tower or structure. One or more of the following documentation shall be provided as proof that the new tower is necessary: Response: See enclosed 'Amity Cell Tower: Location in Relation to Existing Sites' map demonstrating no other existing cell towers within 1 mile are suitable to accommodate the needed equipment to provide coverage. Again, there are no existing towers or structures within the geographic area capable of meeting the proposed facility's requirements. a. Unwillingness of other tower or facility owners to entertain shared use. Response: No viable existing towers in area to accommodate a collocation of equipment. b. The proposed collocation of an existing tower or facility would be in violation of any state or federal law. Response: No viable existing towers in area to accommodate a collocation of equipment. c. The planned equipment would exceed the structural capacity of existing towers, as documented by a qualified and licensed structural engineer. Response: No viable existing towers in area to accommodate a collocation of equipment. d. The planned equipment would cause interference, materially impacting the usability of other existing or planned equipment on the tower as documented by a qualified and licensed engineer. Response: No viable existing towers in area to accommodate a collocation of equipment. e. Existing or approved towers cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified radio frequency engineer. Response: No viable existing towers in area to accommodate a collocation of equipment. 4. N/A. New tower build. 5. Stealth tower facilities shall meet the following standards: M Horizon Tower — Amity Wireless Communications Facility Monopine Conditional Use Permit Application a. Stealth towers in residential districts with allowed nonresidential uses shall require conditional use permit approval. In all other districts, stealth towers shall be deemed a principally pennitted use and shall require a certificate of zoning compliance prior to installation. Response: The property for the proposed stealth monopine WCF is zoned R-8. b. Facilities shall meet the setbacks of the zoning district, except for facilities on a property abutting a residential use or a public right of way shall be set back a distance equal to the height of the tower. Response: Immediately north is a parcel for the Idaho Power electric substation. There are single-family residences to the south of the subject parcel. There will be future single-family properties zoned residential to the North across the street of Amity Road. The monopine tower will be a total height of 100'. The tower will be setback approximately 911' from the neighboring residential properties to the south. c. Any facilities not meeting these standards shall require approval of a conditional use permit, in addition to any other necessary permits. Response: The facility proposed exceeds the stealth tower facility standards set forth by the City of Meridian. Therefore, a Conditional Use Permit is required. 6 - 10. N/A D. Required Documentation: The applicant shall provide the following documentation with the request for approval of a wireless communication facility: 1. For all wireless communication facilities, a letter of intent committing the tower owner and his, her or its successors to allow the shared use of the tower, as required by this section, if an additional user agrees in writing to meet reasonable terns and conditions for shared use. Response: Letter of Intent attached with this application. 2. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be in the chosen location. Response: Propagation charts and RF study attached to application. 3. A statement regarding compliance with regulations administered and enforced by the federal communications commission (FCC) and/or the federal aviation administration (FAA). Response: FCC /FAA compliance letter attached. E. Design Standards: All new communications towers shall meet the following minimum design standards: 5 Horizon Tower — Amity Wireless Communications Facility Monopine Conditional Use Permit Application 1. All towers shall be designed to be architecturally compatible with the surrounding buildings and land uses in the zoning district, or otherwise integrated to blend in with existing characteristics of the site. Response: Many design amenities will be included into the design to promote the appearance of the proposed facility and help blend the tower facility to the natural and built environment. Although visible, the monopine is a passive object in a large viewshed. In an effort to limit visual impacts, Horizon Tower has selected a site which will be located within a future storage facility. The stealth nature on the monopine design is the most appropriate design at this location. The monopine will blend in with the existing vegetation in the area. Additionally, by locating the facility with a setback of approximately 150 feet from South Eagle Road, potential views of the monopine will be less significant because the monopine occupies a smaller portion of the view. Where visible, the significance of views of the facility will vary inversely with distance from the site. That is, the farther away the viewer, the less significant the monopine, because it occupies a smaller portion of the person's view as that person moves farther from the site. The proposed monopine design utilizes a low profile design to achieve the height requirements of the proposed facility. The monopine has slim silhouette and footprint compared to more massive alternates, such as a lattice towers with their many cross members and large footprint, and guy towers with their many guy wires radiating out from the tower. When viewed from the surrounding areas, the proposed monopine will blend with the surrounding vegetation. 2. The facility shall be painted a neutral, nonreflective color that will blend with the surrounding landscape. Recommended shades are gray, beige, sand, taupe, or light brown. All metal shall be corrosive resistant or treated to prevent corrosion. Response: The proposed monopine structure will be stealth in design and blend in with existing vegetation in the area, greatly reducing visual impact. 3. All new communication tower facilities shall be of stealth or monopole design, unless the decision making body detennines that an alternative design would be appropriate because of location or necessity. Response: Stealth monopine proposed. 4. No part of any antenna, disk, array or other such item attached to a communications tower shall be permitted to overhang any part of the right of way or property line. Response: All ground equipment and structures of the WCF will be contained in a 20'X 70' lease area served by an access/utility easement 5. The facility shall not be allowed within any required street landscape buffer. Response: The proposed project is in a farm field to the rear of an existing electric distribution center. 0 Horizon Tower — Amity Wireless Communications Facility Monopine Conditional Use Permit Application 6. All new communication tower facility structures require administrative design review approval, in addition to any other necessary permits. Structures contained within an underground vault are exempt from this standard. Response: Design Review Checklist, Architectural Standards Design Review Checklist included. 7. Any equipment at ground level shall be screened by a sight obscuring fence or structure. Response: The proposed compound will be screened by a fence. 8. All tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip of at least five feet (5') wide outside the perimeter of the compound. A minimum of fifty percent (50%) of the plant material shall be of an evergreen variety. In locations where the visual impact of the tower is minimal, the applicant may request a reduction to these standards through the alternative compliance process in accord with chapter 5, "Administration", of this title. Response: There is currently a 35' wide landscape buffer immediately north of the proposed cell tower project site for the existing Idaho Power electric substation. Landscape buffers to the east and west sides of the compound will not be necessary as a future storage facility is proposed surrounding the project site. A buffer on the south side of the project site is not feasible as this needs to be open for easement access for maintenance visits. 9. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed except when the tower is being serviced. Response: The tower is stealth design to resemble a pine tree and will not have climbing pegs exposed within the bottom 20' of the tower. F. Abandoned Or Unused Towers Or Portions Of Towers: All abandoned or unused towers and associated facilities shall be required to be removed within sixty (60) days of cessation of use as a wireless communication facility, unless a time extension is granted by the City Council. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of the use as a wireless communication facility, shall be submitted at the time of application and resubmitted upon renewal or termination. In the event that the tower and associated facilities are not removed within the sixty (60) days, the tower and associated facilities may be removed by the City and the costs of removal assessed against the real property. Response: Upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. 7 Horizon Tower — Amity Wireless Communications Facility Monopine Conditional Use Permit Application Response to 11-513-6: Conditional Uses: A. Purpose: The purpose of this section is to establish procedures that allow for a particular use on a particular property subject to specific terms and conditions of approval. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) B. Applicability: The provisions of this section shall apply to: Response: Refer to Title 11-4-3-43 C. 5. a.: City of Meridian Unified Development Code Chapter 4 Specific Use Standards a. Stealth towers in residential districts with allowed nonresidential uses shall require conditional use permit approval. C. Process: 1. The applicant shall complete a preapplication conference with the Director prior to submittal of an application for a conditional use. Response: A pre -application meeting was held on June 8, 2018. 2. An application and fees, in accord with article A, "General Provisions", of this chapter, shall be submitted to the Director on forms provided by the Planning Department. Response: CUP fees in the amount of $1,369 included. 3. The Director may require additional information concerning the social, economic, fiscal or environmental effects of the proposed conditional use. Response: The information provided in this application addresses the social, economic, fiscal and environmental effects of the proposed conditional use. The wireless telecommunications facility will provide greater wireless coverage to residents, providing a necessary, reliable social service that users depend upon for communication. A majority of households no longer possess a landline for telephone services and rely on cellular service for 911 services and communication with family and friends. Reliable cellular coverage used for voice and data services is obligatory for the City of Meridian's economic business activities. Fiscally, the City of Meridian is not required to provide many services to serve the use of the compound, as the facility is unmanned. Telco, fiber and power are the only services required. There will be no adverse environmental effects associated with the proposed project. There are no activities associated with the site that will produce odor, vibration, heat, glare, radioactive materials, or noxious and toxic material. All equipment and materials needed to operate the site will be located within the proposed fenced area at the base of the existing support structure. Since the facility does not have water or sanitary facilities it will generate no wastewater. An insignificant amount of vehicle trips will be generated from the establishment of the use since the only visits required are for monthly maintenance. 3 Horizon Tower — Amity Wireless Communications Facility Monopine Conditional Use Permit Application D. Standards: In approving any conditional use, the decision making body may prescribe appropriate conditions, bonds and safeguards in conformity with this title that: 1. Minimize adverse impact of the use on other property. Response: The wireless telecommunication facility use will not adversely impact the electric substation facility run by Idaho Power immediately north of the project site. The future storage facility use that will eventually surround the project site will be compatible with the cell tower. The stealth monopine design of the cell tower will reduce the visual impact on the surrounding residential and future residential properties in the neighborhood. 2. Control the sequence and timing of the use. Response: The wireless telecommunication facility is an unmanned use. The only times the facility will generate trips are for monthly and sporadic maintenance visits. Therefore, no controls for the sequence or timing of use are necessary for this application. 3. Control the duration of the use. Response: In accordance with 11-4-3-43: F. Abandoned Or Unused Towers Or Portions Of Towers — it is agreed that the facility will be removed within 60 days upon cessation of use. Upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. 4. Assure that the use and the property in which the use is located is maintained properly. Response: The lease agreement with the property owner ensures the facility will be maintained to ensure compliance with City of Meridian property code regulations. 5. Designate the exact location and nature of the use and the property development. Response: The site plan and survey included with this application specify the exact location and legal description where the project will be constructed. 6. Require the provision for on site or off site public facilities or services. Response: The use of the wireless telecommunications facility is unmanned. Therefore, no additional facilities other than telco, fiber and power are required to be included in the site plan. 7. Require more restrictive standards than those generally required in this title. 0 Horizon Tower — Amity Wireless Communications Facility Monopine Conditional Use Permit Application Response: The provisions set forth in Title 11-4-3-43 will be more than sufficient to ensure the wireless telecommunications facility blends with the surrounding neighborhood and provides wireless coverage with the least amount of visual impact using a stealth monopine design. 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the city. Response: The unmanned occupancy of the facility will not adversely impact the service delivery of political subdivisions, such as school districts, that provide services within the city. E. Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Response: The compound plan includes ground equipment space for (4) carriers within the proposed compound area to allow for collocation. Furthermore, the 100' monopine has room for (4) antenna arrays. Verizon will be the first of several carriers to collocate on the tower. Collocation helps reduce the visual impact of cell towers as one facility can house multiple wireless tenants versus having multiple towers for individual carriers in one neighborhood or small geographic area. The tower will easily accommodate collocations using a stealth design to ensure reduction of adverse visual impacts in the neighborhood. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Response: The proposed wireless communication tower facility is not in conflict with the comprehensive plan, and will support the balanced development of the surrounding area with reliable wireless services. Furthermore, the stealth monopine design will fit the aesthetics of the residential character of the neighborhood. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Response: The proposed wireless communications facility is appropriate to the location and compatible with the uses permitted in the zoning district. As demonstrated on the 'Amity Cell Tower: Location in Relation to Existing Sites' Map, the proposed cell tower is strategically located no less than 1 mile from existing cell towers in the area. The subject property is large enough to accommodate the use, and the passive, unoccupied use typically only generates an average of one vehicle trip a month for maintenance, much less than other uses allowed in the R-8 zone. Its only L Horizon Tower — Amity Wireless Communications Facility Monopine Conditional Use Permit Application interaction with other uses in the area is providing reliable wireless telecommunication services to customers in the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Response: the proposed wireless telecommunications facility will be immediately adjacent to an existing Idaho Power electrical substation and a future storage facility. These uses are perfectly suited to compliment the proposed wireless telecommunications facility. Furthermore, the stealth monopine will blend in with the existing vegetation and be visually pleasing when viewed from the existing and future residential properties in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Response: The use of the wireless telecommunications facility is unmanned. Therefore, no additional facilities other than telco, fiber and power are required. The access driveway will accommodate fire trucks in the event of an emergency. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Response: The unmanned occupancy will not create excessive additional costs for public facilities and services. The wireless telecommunications facility will not be detrimental to the economic welfare of the community. The stealth monopine design will not negatively impact the residential values of homes in the area. 7. That the proposed use will not involve activities or 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. Response: There are no activities associated with the site that will produce odor, vibration, heat, glare, radioactive materials, or noxious and toxic material. All equipment and materials needed to operate the site will be located within the proposed fenced area at the base of the existing support structure. Since the facility does not have water or sanitary facilities it will generate no wastewater. The unmanned occupancy will generate a very limited amount of vehicle trips for maintenance, much less so than any other R-8 zoning district uses. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 11 Horizon Tower — Amity Wireless Communications Facility Monopine Conditional Use Permit Application Response: The stealth monopine will blend in with the natural and scenic views in the area. 9. Additional findings for the alteration or extension of a nonconforming use: N/A Conclusion Considering the foregoing analysis and findings, the applicant requests approval of this proposed Conditional Use Permit application. The application meets all applicable criteria for approval. 12 When recorded, please return to: Hill & Hill Properties LP 3625 E. Amity Road Meridian ID 83642 ADA COUNTY RECORDER Christopher D. Rich 2015-079991 BOISE IDAHO Pgs=4 CHE FOWLER 08/28/2015 11:07 AM TITLEONE BOISE $19.00 QUITCLAIM DEED (Parcel 1) For Value Received, MARTIN L. HILL ("Grantor'), does hereby convey, release, remise and forever quit claim unto HILL & HILL PROPERTIES LP, an Idaho limited partnership, whose address is 3625 E. Amity Road, Meridian, Idaho 83642 ("Grantee"), the premises described on Exhibit A and depicted on Exhibit B ("Property"), which is attached hereto and made a part hereof, together with all appurtenances relating to the Property. Dated2015. GRANTOR: STATE OF IDAHO :ss. County of Ada ) On this day of 2015, before me, a Notary Public of said State, personally appeared Martin L. Hill, know or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixeehmy official seal the day and year in this certificate first above written. 1 I My IF W Vk— AMANDA MCCURRY Not y Public for Id NOTARY PUBLIC My commission expires: STATE OF IDAHO QUITCLAIM DEED - 1 G:10peradonslDevelopmenMcOve ProjecWCentury Farm (0109)121 PreDevelopmenl & EntidamenlslYMCA and Schw[IPBAVeed- Parcel 1 -Hill to HLPLP.doc !N M;.'aa EXHIBIT A Legal Description (Parcel 1) July 16, 2015 Project No. 15-025 Parcel 1 Legal Description A parcel of land situated in a portion of the North 1/2 of the Northwest 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found aluminum cap monument marking the Northwest corner of said Section 33, which bears N89°15'22"W a distance of 2,660.62 feet from a found brass cap marking the North 1/4 corner of said Section 33, thence following the westerly line of said Section 33, S00°13'13"W a distance of 591.38 feet to a point being the POINT OF BEGINNING. Thence leaving said westerly line, S89°4647"E a distance of 31.99 feet to a found 5/8 -inch rebar on the easterly right-of-way line of S. Eagle Road; Thence following said easterly right-of-way line the following courses: 1. N04°01'20"E a distance of 91.58 feet to a found 5/8 -inch rebar; 2. S89°46'47"E a distance of 9.93 feet to a found 5/8 -inch rebar; 3. N00`13'13"E a distance of 69.37 feet to a found 5/8 -inch rebar; 4. N56°21'22"E a distance of 47.68 feet to a found 5/8 -inch rebar; 5. N45°16'52"E a distance of 74.47 feet to a found 5/8 -inch rebar; Thence leaving said easterly right-of-way line, S89°15'22"E a distance of 209.85 feet to a found 5/8 -inch rebar; Thence N00°13'13"E a distance of 312.26 feet to a found 5/8 -inch rebar on the southerly right-of-way line of E. Amity Road; Thence following said southerly right-of-way line, N88'30'46"E a distance of 331.71 feet to a found 5/8 - inch rebar; Thence leaving said southerly right-of-way line, N00`44'38"E a distance of 25.00 feet to a point on the northerly line of the Northwest 1/4 of said Section 33; Thence following said northerly line, S89°15'22"E a distance of 648.34 feet to a point being the West 1/16 corner of said Section 33 and Section 28 and is witnessed by a set 5/8 -inch rebar which bears S00°16'11"W a distance of 25.00 feet from said point; Thence leaving said northerly line and following the easterly line of the Northwest 1/4 of the Northwest 1/4 of said Section 33, 500'16'11"W a distance of 748.70 feet to a set 5/8 -inch rebar; Thence leaving said easterly line, S89°46'03"E a distance of 171.42 feet to a set 5/8 -inch rebar; Thence S00°16'11"W a distance of 586.11 feet to a set 5/8 -inch rebar on the southerly line of said North 1/2 of the Northwest 1/4; Thence following said southerly line, N89°27'52"W a distance of 1,500.54 feet to a found 3/4 -inch rebar marking the North 1/16 said Section 33 and Section 32; Thence following the westerly line of the Northwest 1/4 of said Section 33, N00'13'13"E a distance of 747.37 feet to the POINT OF BEGINNING. EXHIBIT A Said parcel contains 39.711 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. OgAL SND ,12459 0 OF 0 �F�*"'t 4� L , gB EXHIBIT A EXHIBIT B Depiction of Property (Parcel 1) ) #!!!!/(� _ Ll �,,,,,£,|§ §■§ � % � §, ` | ��|� iii;(i|t§!|�|� f ■ �« �! ' ■ e � . � �, , |!||;|;|!!||§| � � � J G: | ..,:■r,,,, ! w EXHIBIT B AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) Blake R. Alder on behalf of Brighton Investments LLC 12601 W. Explorer Dr., Ste. 200 (name) (address) Boise Idaho (city) (state) being first duly sworn upon, oath, depose and say: I. That I am the record owner of the property described on the attached, and I grant my permission to: Horizon Tower 117 Town & Country Dr., Ste A, Danville CA 94526 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this IN* day of July ) 2018 (Signature) SUBSCRIBED AND SWORN to before me the day and earfirst abo a written (i"l bm AMANDAtOF cCURRY (Notary Pu 'c for Idaho) NOTAUBLIC Star, Idaho Residing at: STATE IDAHO My Commission Expires: 4/15/2023 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 0 Facsimile: (208) 888-6678 • Website: www.meridiancity.org AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) 5*'W G SYO< on behalf of 1, SCS Investments LLC (name) 3240 W. Bavaria St., Eagle ID 83616 (address) Boise , Idaho (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: Horizon Tower 117 Town & Country Dr., Ste A, Danville CA 94526 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this _�* day of July 1 2018 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above w itten. (Not Public for Idah AMANDA MCCURRY f�IOTARY PUBLIC STATE OF IDAHO Residing at: Star, Idaho My Commission Expires: 4/15/2023 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA Martin L. Hill, on behalf of I Hill & Hill Properties, LP 3625 E. Amity Road (name) (address) Meridian Idaho (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: Horizon Tower 117 Town & Country Dr., Ste A, Danville CA 94526 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this W,4 day of July 2018 i (Signature) SUBSCRIBED AND SWORN to before me the day and year first bove written. AMANDA McCURRY (Not Public for Idaho) NOTARY PUBLIC STATE OF IDAHO Residing at: Star, Idaho My Commission Expires: 4/15/2023 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 9 Website: www.meridiancity.org Site Name/#: AMITY — ID4301 AUTHORIZATION The undersigned is the "Owner" of the real property ("Property") described below, and hereby authorizes, consents and agrees with Horizon Tower Limited Partnership -II, a Kansas Limited Partnership, by Horizon Tower, LLC, its Operations Partner ("Horizon"), as follows: Entry. Owner consents and agrees that Horizon, its employees, agents and independent contractors ("Authorized Parties") may enter upon the Property to conduct and perform some of all of the following activities ("Permitted Activities"): Surveys, geotechnical soil borings and analysis, phase I environmental audits, boundary surveys, radio propagation studies, and such other tests and inspections of the Property which Horizon, may deem necessary or advisable. Horizon agrees to be responsible for any and all costs related to the Permitted Activities, including installation on and operation and removal of equipment on the Property. Horizon agrees to indemnify, save harmless and defend Owner, its directors, officers, employees and agents from and against any and all claims, actions, damages, liability and expense in connection with personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Property caused by any act or omission of the Authorized Parties in conducting the Permitted Activities. 2. Filings. Owner consents and agrees that the Authorized Parties may make and file applications on Owner's behalf of such local, state and federal governmental entities whose approval Horizon may consider necessary or advisable to have the Property approved as a tower or antenna site, including, but not limited to, governmental approval for zoning variances, rezoning applications, building permits, and wetland permits. Owner hereby agrees that a copy of this Agreement is as effective as the original. However, if requested by the Authorized Parties, Owner agrees to execute such other and further documents as may be required by the governmental entity in question to evidence Owner's consent to the action which is proposed to be taken. Owner: Hill & Hill Properties LP, an Idaho limited partnership Name: I' Date: Cl WM wig Property address: Amity Road and Eagle Road, Meridian, Ada County, Idaho LAND LEASE AGREEMENT This Land Lease Agreement, made this day of JULY 2018 ("Effective Date") (the "Agreement"), between Hill & Hill Properties LP, an Idaho limited partnership, with its principal offices located at 3625 E. Amity Road, Meridian, Idaho 83642, hereinafter designated LESSOR, and Horizon Tower Limited Partnership -II, a Kansas Limited Partnership, by Horizon Tower, LLC, its Operations Partner, having a mailing address of 117 Town & Country Drive, Suite A, Danville, CA 94526, hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party" WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties agree as follows: 1. LEASED PREMISES. LESSOR owns that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith, located on Amity Road at Eagle Road, in the City of Meridian, County of Ada, State of Idaho depicted on Exhibit A (collectively, the "Property"). LESSEE desires to use a 1,400 square foot (20 foot by 70 foot) portion of the Property (the "Premises"), as depicted on Exhibit B, in connection with its intention to install, maintain and operate a tower structure, provide antenna locations and sublease ground and tower space for federally licensed communications businesses ("Use"). LESSOR desires to grant to LESSEE the right to use the Premises in accordance with this Agreement. The Premises shall include any landscaping or fencing required by any governmental agency. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and upon approval of LESSOR, said survey shall supersede and replace Exhibit B attached hereto. The revised Exhibit B shall control in the event of boundary and access discrepancies between it and Exhibit A. Cost for such survey shall be borne by LESSEE. 2. ACCESS. LESSEE and its employees, agents, subcontractors, and subtenant(s), if any, shall have the non-exclusive right of access for the Use (pedestrian and vehicular) to and from the Premises, seven days a week, 24 -hours a day, through, over and/or under the Property in a location to be approved by LESSOR. In the event LESSEE has exhausted all options and efforts to utilize an existing access or public utility easement then LESSOR agrees to grant additional access or an easement either to LESSEE or to the public utility, for the non-exclusive use by LESSEE. 3. TERM, RENT. This Agreement shall be effective as of the date of execution by both Parties. The initial lease term will be fifteen (15) years ("Initial Term"), commencing upon the Commencement Date (as hereinafter defined) and will terminate on the last day of the month in which the fifteenth (15th) annual anniversary of the Commencement Date occurs. This Agreement shall automatically renew for two (2) additional five (5) year terms (each five-year term shall be defined as an "Extension Terni"; the Initial Term and any Extension Terms are collectively referred to as the "Term"), upon the same terms and conditions unless LESSEE notices LESSOR in writing of LESSEE's intention not to renew this Agreement at least sixty (60) days prior to the expiration of the then existing Term. The minimum annual base rent for years 1-5 of LAND LEASE AGREEMENT — Page 1 AMITY ID4301 This Agreement shall commence on the date LESSEE commences installation of the equipment on the Premises, which date shall be communicated by LESSEE to LESSOR in writing delivered to the notice address specified in Section 21 herein (the "Commencement Date"). In the event the date LESSEE commences installation of the equipment on the Premises falls on any day other than the first day of a month, solely for the purposes of determining the length of the Initial Term, the dates for any Extension Terms and the dates for any Escalation, the Commencement Date shall be deemed to have begun on the first day of the following month and Rent for any partial month shall be prorated on a per diem basis calculated based on a 30 -day month. LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date. LESSOR and LESSEE acknowledge and agree that initial Rent payment(s) shall not actually be sent by LESSEE until thirty (30) days after a written acknowledgement is delivered to LESSEE by LESSOR confirming the Commencement Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1 and the written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to LESSOR the Rent payments for January 1 and February 1 by February 13. Upon agreement of the Parties, LESSEE may pay Rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose, upon request of LESSEE. LAND LEASE AGREEMENT — Page 2 AMITY ID4301 4. TAXES. (a) LESSOR shall invoice and LESSEE shall pay any applicable transaction tax (including sales, use, gross receipts, or excise tax) imposed on LESSEE and required to be collected by LESSOR based on any service, rental space, or equipment provided by LESSOR to LESSEE. LESSEE shall pay all real estate and personal property taxes, fees, assessments, or other taxes and charges imposed by any Governmental Entity ("Taxes") that are directly attributable to LESSEE's USE, including, but not limited to, antennas, equipment and related appurtenances, or LESSEE's use and occupancy of the Premises. If allowed by any Governmental Entity, LESSEE shall have notices regarding Taxes sent directly to LESSEE and LESSEE shall pay the game directly to the applicable Governmental Entity on or before its due date. LESSEE shall not allow a lien to be placed on the Premises and/or Property. In the event that LESSOR receives any notice for LESSEE's Taxes, payment shall be made to LESSOR by LESSEE within sixty (60) days after presentation of the bill and/or assessment notice which is the basis for such taxes or charges. (b) LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent, appeal or other similar document. In the event that, as a result of any appeal or challenge by LESSEE, there is a repayment received by LESSOR for any taxes previously paid to LESSOR by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said repayment upon .LESSOR's receipt of such repayment from the applicable Governmental Entity. If there is a reduction or credit received by LESSOR of any taxes previously invoiced by LESSOR to LESSEE, LESSOR will credit or reduce the amount of such invoice by that amount. 5. USE. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a tower structure that will provide antenna locations for the transmission and reception of communication signals and related equipment, cables, accessories and improvements which may include equipment shelters or cabinets, transmission cables, electric lines, fencing and other items necessary to secure use of the Premises ("Communications Equipment"), as well as the right to test, survey and review title on the Premises, and to make alterations, improvements, upgrades or additions to the Premises appropriate for LESSEE's use and to insure that LESSEE's Communications Equipment complies with all applicable federal, state or local laws, rules or regulations. A security fence consisting of chain link construction or similar but comparable construction may be placed around the perimeter of the Premises at the discretion of LESSEE, at LESSEE's expense and maintenance. All improvements, equipment, antennas and conduits ("Improvements") shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE. 6. IMPROVEMENTS. The Communications Equipment including, without limitation, antennas, conduits, and other improvements shall be at LESSEE's expense and installation shall be made on the basis of drawings and plans approved by LESSOR and referenced in Exhibit C attached hereto, unless otherwise approved in writing by LESSOR. At all times, Exhibit C will reflect a true and accurate description of the Premises. LESSEE shall cause all construction to occur lien -free and LAND LEASE AGREEMENT — Page 3 AMITY ID4301. in compliance with all applicable laws and ordinances. LESSEE shall have the right to replace, repair, add or otherwise modify its Communications Equipment, antennas, conduit or other improvements or any portion thereof and the frequencies over which the Communications Equipment operates, provided that such replacement, repair or modification does not substantially alter the Communications Equipment from what is described, listed and/or depicted in this Agreement. No advertising signage shall be placed on the Communications Equipment, except such signage as may be required by applicable Laws. 7. GOVERNMENTAL APPROVALS. LESSEE's Use is contingent upon LESSEE obtaining all of the certificates, permits and other approvals (collectively the "Government Approvals") that may be required by any Federal, State or Local authorities (collectively, the "Governmental Entities"). LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to LESSEE's Use. 8. MAINTENANCE. LESSEE will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. INDEMNIFICATION. (a) Assumption of Risk, Release. LESSEE and all those claiming through .or under, including but not limited to employees, agents, customers, invitees, subtenants and concessionaires ("LESSEE Parties") shall store their property in and occupy and use the Premises solely at their own risk. LESSEE hereby releases LESSOR, and its respective affiliates, employees and agents ("LESSOR Parties"), from all claims by LESSEE or LESSEE Parties, including loss of life, personal or bodily injury, damage to merchandise, equipment, fixtures or other property, or damage to business (including business interruption) arising, directly or indirectly, out of or from or on account of such occupancy and use or resulting from any present or future conditions or state of repair thereof, except to the extent such claims are directly caused by the negligence of LESSOR and are not covered by insurance required to be carried by LESSEE hereunder. LESSOR and LESSOR Parties shall not be responsible or liable for damages to LESSEE, or to those claiming through or under LESSEE for any loss of life, bodily or personal injury, or damage to property or business that may be occasioned by or through the acts, omissions or negligence of any other person including, without limitation, other tenants, occupants or customers of any portion of the Property. LESSOR shall not be responsible or liable for damages at any time for loss of life, or injury or damage to any person or to any property or to the business of LESSEE or LESSEE Parties caused by or resulting from acts of God or the elements. (b) Indemnification. This Agreement is made on the express condition that LESSOR shall not be liable for, or suffer loss by reason of, injury to person or property, from whatever cause, in any way connected with the condition, use, occupational safety or occupancy of the Premises, specifically including, without limitation, any liability for injury to the person or property of LESSEE, LESSEE's agents, or any third parties left in LESSEE's care, custody or control. LESSEE hereby agrees to indemnify, and to hold harmless and defend LESSOR from and against all claims, losses, expenses or liabilities for injury or death to any person or for damage to or loss of use of any property arising out of any occurrence in, on or about the Premises, of caused or LAND LEASE AGREEMENT — Page 4 AMITY ID4301 contributed to by LESSEE or LESSEE Parties or arising out of any occurrence in, upon or at the Premises, or on account of the use, condition, occupational safety or occupancy of the Premises (except to the extent caused by LESSOR's gross or sole negligence or willful misconduct). It is the intent of the parties hereto that the indemnity contained in this section shall not be limited or barred by reason of any negligence on the part of LESSOR or LESSOR's agents, except as expressly provided herein. Such indemnification shall include and apply to attorneys' fees, investigation costs, and other costs actually incurred by LESSOR. LESSEE shall further indemnify, defend and hold harmless LESSOR from and against any and all claims arising from any breach or default in the performance of any obligation on LESSEE's part to be performed under the terms of this Agreement. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any damage, injury, death, breach or default occurring prior to such expiration or termination. 10. INSURANCE. LESSEE agrees that the Communications Equipment and all other fixtures and equipment and personal property belonging to LESSEE and located in or about the Premises shall be at the sole risk of LESSEE, and LESSOR shall not be liable for the theft or misappropriation thereof, nor for any damage or injury thereto, nor for any damage or injury to LESSEE, its subtenant(s), agents, employees and licensees or invitees, or to any other persons or to any property caused by fire, explosion, wind, water, rain, snow, frost, steam, gas, electricity, any Acts of God, heat or cold, or by any act or neglect of any other person, it being the obligation of LESSEE to insure its personal property and Communications Equipment. LESSEE Obligations: (a) Types of Insurance Required. During the Term, LESSEE will maintain at its expense the following types of insurance: (i) workers' compensation in an amount required by law; (ii) employer's liability insurance in the amount of $1,000,000.00 for each accident for bodily injury by accident and $1,000,000.00 for each employee for bodily injury by disease; and (iii) commercial general liability with a per occurrence limit of $2,000,000.00 and a general aggregate of $4,000,000.00 for bodily injury and property damage on an occurrence basis and containing an endorsement having LESSOR and the Additional Insureds listed as additional insureds, a separation of insured provision, a waiver of subrogation in favor of LESSOR, its agents, employees and lender, an aggregate limit per location ' endorsement, a deletion of contractual liabilities exclusion for personal injury and advertising injury liability, and no modification that would make LESSEE's policy excess or contributing with LESSOR's liability insurance. (b) Policy Requirements. All policies will be issued by carriers having ratings of Best's Insurance Guide A and VIII, or better, and admitted to engage in the business of insurance in Idaho. All policies must be endorsed to be primary and noncontributing with the policies of LESSOR being excess, secondary and noncontributing. Any policy or endorsement form must be approved in advance by LESSOR. No policy will be canceled, non -renewed or materially modified without thirty (30) days prior written notice by insurance carrier to LESSOR. LESSEE must immediately notify LESSOR in writing if any aggregate limit is reduced below 75% of the limit required by this section because of losses paid. No policy will contain a deductible or self- insured retention in excess of $5,000.00 without the prior written approval of LESSOR. If the forms of policies, endorsements, certificates, or evidence of insurance required by this section are LAND LEASE AGREEMENT — Page 5 AMITY ID4301 superseded or discontinued, LESSOR will have the right to require other equivalent or better forms. (c) Evidence of Coverage. Evidence of the insurance coverage required to be maintained by LESSEE under this section, represented by certificates of insurance issued by the insurance carrier, must be furnished to LESSOR prior to occupying the Premises and at least thirty. (30) days prior to the expiration of current policies. Copies of all endorsements required by this section must accompany the certificates delivered to LESSOR. The certificates will state the amounts of all deductibles and self-insured retentions and that LESSOR will be notified in writing thirty (30) days prior to cancellation, material change, or non -renewal of insurance. If requested in writing by LESSOR, LESSEE will provide to LESSOR a certified copy of any or all insurance policies or endorsements required by this section. (d) Failure of LESSEE to Insure. In the event LESSEE shall fail to purchase and keep in force any of the insurance required of LESSEE in this Section 10, LESSOR may, but shall not be required to, purchase and keep in force the same, in which event LESSEE shall pay to LESSOR the full amount of LESSOR's expense with respect thereto, said payment to be made within ten (10) days after demand for such payment by LESSOR. The election by LESSOR to purchase said insurance on behalf .of LESSEE shall not constitute a curing of the default occasioned by LESSEE's failure nor be an election of remedies otherwise available to LESSOR. (e) Adjustment of Coverage. Not more frequently than every 3 years during the Term if, in the opinion of LESSOR based on industry and local standards, the amount of public liability and property damage insurance required to be carried and maintained by LESSEE is at the time not adequate, LESSEE shall increase insurance coverage as reasonably determined by LESSOR to be adequate. 11. INTERFERENCE. LESSEE agrees that LESSEE will not cause interference that is measurable in accordance with the then industry standards to LESSOR's equipment or the then existing equipment of occupants of the Property. LESSOR agrees that LESSOR will not cause interference that is measurable in accordance with the then industry standards to the then existing equipment of LESSEE. LESSOR agrees that if there are existing radio frequency user(s) on the Property, LESSOR will provide LESSEE with a list of all existing radio frequency user(s) on the Property to allow LESSEE to evaluate the potential for interference. LESSOR agrees that LESSOR will not install other equipment that is of the type and frequency that may cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. In no event shall any modifications to LESSEE's Communications Equipment cause harmful interference to existing equipment of LESSOR or other occupants or tenants in use at the time of the modification. 12. TERMINATION. LESSEE may, unless otherwise stated, immediately terminate this Agreement upon written notice to LESSOR in the event that (i) any application for a Governmental Approval should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses or is otherwise withdrawn or terminated by any Government Entity; (iii) LESSEE determines that any Governmental Approval may not be obtained in a timely manner; or (iv) at any time before LESSEE commences any modifications to the Premises and/or LAND LEASE AGREEMENT — Page 6 AMITY ID4301 Property for its installation of any of LESSEE's Communications Equipment for any reason or no reason in LESSEE's sole discretion (collectively "Early Termination"). Upon LESSOR's receipt of any such Early Termination notice and the date of termination stated therein this Agreement shall have no further force and effect except for representations, warranties, indemnifications that survive its expiration of earlier termination. 13. REMOVAL AT END OF TERM. Upon expiration of the Term, or within thirty (30) days after any earlier termination of the Agreement, LESSEE shall remove LESSEE's and any subtenant's Communications Equipment, including concrete footings to three (3) feet below grade, and restore the Premises substantially to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the Communications Equipment shall remain the personal property of LESSEE or its subtenants (as applicable) and LESSEE and its subtenants shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable laws. If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall become a month-to-month tenant and shall pay rent at one hundred fifty percent (150%) of the then existing monthly rate or on the existing monthly pro -rata basis if based upon a longer payment term, until such time as the removal of the Communications Equipment is completed. 14. HOLDOVER. If upon expiration of the Term the Parties are negotiating a new lease or a lease extension, then this Agreement shall continue during such negotiations on a month to month basis at the rent in effect as of the date of the expiration of the Term. In the event that the Parties are not in the process of negotiating a new lease or lease extension and LESSEE holds over after the expiration or earlier termination of the Tern, then LESSEE shall become a month to month tenant and shall pay rent at 150% of the then existing monthly rate or on the existing monthly pro -rata basis if based upon a longer payment tern, until the removal of the Communications Equipment is completed. 15. SUBORDINATION. LESSEE agrees that at all times this Agreement and LESSEE's leasehold estate created hereby shall be subordinate to the lien of any mortgage, deed of trust or other encumbrance, together with any renewals, extensions or replacements thereof, now or hereafter placed, charged or enforced against LESSOR's interest in the Premises and/or the Property. Upon the request of LESSOR, LESSEE agrees to execute and deliver such documents (containing customary terms and conditions) as may be reasonably required to effectuate such subordination. In the event LESSEE shall fail, neglect or refuse to execute and deliver any such document within ten (10) days after receipt by LESSEE of the document(s) to be executed by it, to effect such subordination, LESSEE hereby irrevocably appoints LESSOR, and LESSOR's successors and assigns, the true and lawful attorney-in-fact of LESSEE to execute and deliver in LESSEE's own name any and all such documents for and on behalf of LESSEE in connection with such subordination. 16. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the Rent and other amounts payable by LESSEE under this Agreement, and performing the covenants, terms and conditions of this Agreement required of LESSEE to be kept and performed, may have, hold and enjoy the Premises during the Term hereof. LAND LEASE AGREEMENT — Page 7 AMITY ID4301. 17. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. The Communications Equipment shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and LESSOR consents to LESSEE's right to remove all or any portion of the Communications Equipment from time to time in LESSEE's sole discretion and without LESSOR's consent. 18. ATTORNMENT. In the event of a sale or conveyance by LESSOR of the Premises and/or the Property, other than a transfer for security purposes only, LESSOR shall be relieved from all obligations and liabilities accruing thereafter on the part of LESSOR, provided that any funds in the hands of LESSOR at the time of transfer in which LESSEE has an interest, shall be delivered to the successor of LESSOR. This Agreement shall not be affected by any such sale and LESSEE agrees to attorn to the purchaser or assignee provided that all LESSOR's obligations hereunder are assumed in writing by the transferee. 19. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located. 20. ASSIGNMENT, SUBLETTING AND MORTGAGING. a. Assignment. Without any approval or consent of the other Party, this Agreement may be sold, assigned or transferred by either Party to (i) any entity in which the Party directly or indirectly holds an equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in the Party; or (iii) any entity directly or indirectly under common control with the Party. LESSEE may assign this Agreement to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization without approval or consent of LESSOR. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the other Party, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of either Party shall constitute an assignment hereunder. b. Sublease. LESSEE shall have the right to enter into a sublease with a telecommunication carrier for ground and/or tower space within the Premises without the prior consent of LESSOR; however such sublease shall not relieve LESSEE of its obligations under this Agreement, including payment of Rent. Any sublease shall specify that it shall terminate upon the termination of this Agreement for whatever reason. LAND LEASE AGREEMENT — Page 8 AMITY ID4301 C. Mortgage. LESSOR agrees that LESSEE may mortgage, hypothecate or grant a security interest in the Agreement and the Communications Equipment, and may assign the Agreement or any rights therein and the Communications Equipment to any mortgagees or holders of security interests, including their successors or assigns (collectively "Mortgagees"), provided such Mortgagees interests in the Agreement are subject to any and all of the terms and provisions of the Agreement. In such event, LESSOR shall execute such consent or acknowledgements to leasehold financing as may reasonably be required by Mortgagees. Execution of any Mortgagee required documents shall not be unreasonably withheld, conditioned or delayed. 21. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: Hill & Hill Properties LP 3625 E. Amity Road Meridian, Idaho 83642 Attention: Marti Hill Copy to: Brighton Corporation 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 Attention: Property Management LESSEE: Horizon Tower Limited Partnership -II Horizon Tower, LLC 117 Town & Country Drive, Suite A Danville, CA 94526 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 22. SPECIAL PROVISIONS. (a) Site Layout. Prior to construction, LESSEE shall submit to LESSOR the following plans for review by LESSOR, who shall review and approve, comment or reject said plans within fourteen (14) business days of LESSOR's receipt: site plan, elevation plan with colors and materials show, landscape plan, utility plan. In no event shall any carrier's equipment shelter be constructed of metal. (b) Advertising. No part of the Premises or Improvements may display any advertising. LAND LEASE AGREEMENT — Page 9 AMITY ID4301 (c) Tower. The tower installed on the Premises shall be disguised to look like a pine tree as depicted on the plans approved by LESSOR. LESSEE shall not alter or modify such fagade without prior written consent of LESSOR. 23. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 24. DEFAULT. It is a "Default" if either Party fails to comply with this Agreement and does not remedy the failure within thirty (3 0) days after written notice by the other Party or, if the failure cannot reasonably be remedied in such time, if the failing Party does not commence a remedy within the allotted thirty (30) days and diligently pursue the cure to completion within ninety (90) days after the initial written notice. The cure periods set forth in this Section 24 do not extend the period of time in which either Party has to cure interference pursuant to Section 11 of this Agreement. Notwithstanding anything to the contrary in this Section 24, LESSEE's failure to pay any installment of annual rent within ten (10) days following its due date, shall constitute a material default and breach of this Agreement by LESSEE. 25. REMEDIES. In the event of a Default, without limiting the non -defaulting Party in the exercise of any right or remedy which the non -defaulting Party may have by reason of such default, the non -defaulting Party may pursue any rights and/or remedies now or hereafter available to the non -defaulting Party under this Agreement or allowed in equity and/or under the Laws or judicial decisions of the state in which the Property is located. Further, upon a Default, the non - defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation and the reasonable costs and expenses of any such performance by the non - defaulting Party shall be due and payable within thirty (30) days by the defaulting Party upon receipt of an invoice accompanied by reasonable support documents therefor. 26. ENVIRONMENTAL. LESSEE shall conduct its business in compliance with all applicable laws governing the protection of the environment or employee health and safety ("EH&S Laws"). LESSEE shall indemnify and hold harmless LESSOR from claims to the extent resulting from LESSEE's violation of any applicable EH&S Laws or to the extent that LESSEE causes a release of any regulated substance to the environment. The Parties recognize that LESSEE is only leasing a small portion of LESSOR's property and that LESSEE shall not be responsible for any environmental condition or issue except to the extent resulting from LESSEE's specific activities and responsibilities. In the event that LESSEE encounters any hazardous substances that do not result from its activities, LESSEE may relocate its facilities to avoid such hazardous substances to a mutually agreeable location or, if LESSEE desires to remove at its own cost all or some of the hazardous substances or materials (such as soil) containing those hazardous substances. 27. CASUALTY. In the event damage by fire or other casualty to the Premises impairs LESSEE's Use, rent shall abate until LESSEE's Use is restored. If LESSEE's Use is not restored within forty-five (45) days, LESSEE may terminate this Agreement. 28. CONDEMNATION. In the event any condemnation of all or any portion of the Property or Premises impairs LESSEE's Use, LESSEE may terminate this Agreement. LESSEE LAND LEASE AGREEMENT — Page 10 AMITY ID4301 may, on its own behalf, make a claim in any condemnation proceeding involving the Premises for losses related to LESSEE's Communications Equipment, related costs and, specifically excluding loss of LESSEE's leasehold interest, any other damages LESSEE may incur as a result of such condemnation. 29. APPLICABLE LAWS. LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (i) all laws relating solely to LESSEE's specific and unique nature of use of the Premises; and (ii) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. It shall be LESSOR's obligation to comply with all laws relating to the Property. 30. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 31. MISCELLANEOUS. This Agreement contains all agreements, promises and understandings between LESSOR and LESSEE regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding. This Agreement may not be amended or varied except in a writing signed by all Parties. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns hereto. The failure of either parry to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and such party shall have the right to enforce such rights at any time. The performance of this Agreement shall be governed, interpreted, construed and regulated by the laws of the state in which the Property is located without reference to its choice of law rules. Except as expressly set forth in this Agreement, nothing in this Agreement shall grant, suggest or imply any authority for one Party to use the name, trademarks, service marks or trade names of the other for any purpose whatsoever. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. This Agreement and all ancillary documents executed by the parties in connection her may be executed by facsimile or in multiple counterparts, each of which shall be deemed to be an original but all of which, together, shall constitute one and the same instrument. [End of Text; Signatures on Next Page] LAND LEASE AGREEMENT —Page 11 AMITY ID4301 IN WITNESS WHEREOF, intending to be bound the parties have executed and entered into this Agreement, as of the date first above written as the Effective Date, LESSOR: LESSEE: Hill & Hill Properties, LP, an Idaho limited partnership Horizon Tower Limited Partnership -II, a Kansas limited partnership By: Horizon Tower, LLC, a Delaware limited liability company Its Operati s P rtner By: Title: 0 Date: l l') ZI $ LAND LEASE AGREEMENT — Page 12 AMITY ID4301 EXHIBIT A Description of Property Parcel 1 of Survey No. 10215, Instrument No. 2015077114, being a parcel of land situated in a portion of the North half of the Northwest Quarter of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found aluminum cap monument marking the Northwest corner of said Section 33, which bears North 89°15'22" West a distance of 2,660.62 feet from a found brass cap marking the North Quarter corner of said Section 33, thence following the Westerly line of said Section 33, South 00°13'13" West a distance of 591.38 feet to a point being the Point of Beginning; thence leaving said Westerly line, South 89°46'47" East a distance of 31.99 feet to a found 5/8 -inch rebar on the Easterly right-of- way line of S. Eagle Road; thence following said Easterly right-of-way line the following courses: 1. North 04'01'20" East a distance of 91.58 feet to a found 5/8 -inch rebar; 2. South 89'4647" East a distance of 9.93 feet to a found 5/8 -inch rebar; 3. North 00'13'13" East a distance of 69.37 feet to a found 5/8 -inch rebar; 4. North 56'21'22" East a distance of 47.68 feet to a found 5/8 -inch rebar; 5. North 45°16'52" East a distance of 74.47 feet to a found 5/8 -inch rebar; thence leaving said Easterly right-of-way line, South 89°15'22" East a distance of 209.85 feet to a found 5/8 -inch rebar; thence North 00'13'13" East a distance of 312.26 feet to a found 5/8 -inch rebar on the Southerly right- of-way line of E. Amity Road; thence following said Southerly right-of-way line, North 88"30'46" East a distance of 331.71 feet to a found 5/8 -inch rebar; thence leaving said Southerly right-of-way line, North 00°44'38" East a distance of 25.00 feet to a point on the Northerly line of the Northwest Quarter of said Section 33; thence following said Northerly line, South 89'15'22" East a distance of 648.34 feet to a point being the West 1/16 corner of said Section 33 and Section 28 and is witnessed by a set 5/8 -inch rebar which bears South 00'16'11" West a distance of 25.00 feet from said point; thence leaving said Northerly line and following the Easterly line of the Northwest Quarter of the Northwest Quarter of said Section 33, South 00°16'11" West a distance of 748.70 feet to a set 5/8 -inch rebar; thence leaving said Easterly line, South 89°46'03" East a distance of 171.42 feet to a set 5/8 -inch rebar; thence South 00°16'11" West a distance of 586.11 feet to a set 5/8 -inch rebar on the Southerly line of said North half of the Northwest Quarter; thence following said Southerly line, North 89'27'52" West a distance of 1,500.54 feet to a found 3/4 -inch rebar marking the North 1/16 said Section 33 and Section 32; thence following the Westerly line of the Northwest Quarter of said Section 33, North 00013'13" East a distance of 747.37 feet to the Point of Beginning. EXHIBIT A AMITY ID4301 EXHIBIT C Communications Equipment EXHIBIT C AMITY ID4301 U Oma' W R I L N o c �� Z Q Oo U l 1¢Q;ae 111 , } W a ■N � � � � I— H O In je��e �C pi 3 Z t � 2 p<- i M w /�� Z Z N " N 2 L o W` 3 CD a a- O ly105 q��s98 O F 2 e� pies a a If I Q � � $N y4 yC g O jp$Fj@�y� gyp O K 8 N LL O Og S� 3�w o g�� a z< N W ® z ;�e U) Zo Z -J oe o W r Z m d U s U "o _ Q U s ~ M H J Z W x Nd� J oe --w 4t o 88 2 CO 0 Z g� Z s� J � U J Z w z O O v p z�� off€ LL Z z g j� ��eiI� 2 04 Z 8z a2 U y��38a58� 'i 18x36 53 �NNa Y o z Z O Iz- W W I=A e� a a If I Q � � $N y4 yC g O jp$Fj@�y� gyp O K 8 N LL O Og S� 3�w o g�� a z< N W ® z ;�e U) Zo Z -J oe o W r Z m d U s U "o _ Q U s ~ M H J Z W x Nd� J oe --w 4t o 88 2 CO 0 Z g� Z s� J � U J Z w z O O v p z�� off€ LL Z z g j� ��eiI� 2 04 Z 8z a2 U y��38a58� 'i 18x36 53 �NNa Y — z3 Y � w ■�l��1 � O god uD,mua,tF'�,4'-,. �Ie.D�1' ° � � � $• � � uw qn ur, r a � �iJ mnnlr..werWI—.allwwwnlu.atr.DHliu.-M r1 � W //�� S� `/ ``K y�.1y�� j al 1'.iMlfw]KWRIDIIRAIIWtRCTY_'l1 WDY-yMitvYlbl ftulDYaaUt U) � � I LL(( �E iii i� i4� i11V�G�1tLYf'JMTVYIIKAID.f7nalf w•1taPAMIN,IMY�IJ1Dy 6 11 F (MaINiIYA '.tVaY.M.TfKPvi III IIIY! CRYAN D111 •M�IIR��NR; D � � S�� , � d 3 `<� r,�.utiinc�iw o-riiYpa°'�'"rwonxi�wiu%'��m�ktAuvuaYwn�otu.�iniw.i.•..._ � J a E , I 1 I fl A r _'. s g � e I e o e a y r �� C a& d• ,� n �.� ®VLpQutl#BYeC�i aro I. p, Fir' N sqq � a�j N�e�•� e 4111€ Sig ------------------ 1 I �x x x x� x 1 I F nr n 0 4 V, s i 1110.I I I I I �♦ 1 i\ I CH 319Y3 S "14 LLJ u ZO agp� ui a O 4A € X21 dpU �el �1fEa� z oo yy W�W Z ,Q] w � w�U) p5(s1�� Pa �Wm o ------------------ 1 I �x x x x� x 1 I F nr n 0 4 V, s i 1110.I I I I I �♦ 1 i\ I CH 319Y3 S "14 j �_LU w o k I I I I I5 2! f1� � F -O , r a0� o �9I�'� t tg� a z e�qy Z \/ �� L �o tX a w0NQtl�� to o 9 tag:N J Lu UOQ = Owen Nason From: Mindy Wallace <Mwallace@achdidaho.org> Sent: Monday, July 09, 2018 12:53 PM To: Owen Nason Subject: RE: City of Meridian new cell tower proposal Owen, A traffic impact study is not required for this application Mindy Mindy Wallace, AICP Planner III Ada County Highway District 208-387-6178 From: Owen Nason [maiIto:owen.nason@powderriverdev.com] Sent: Monday, July 09, 2018 10:26 AM To: Mindy Wallace Subject: City of Meridian new cell tower proposal Hi Mindy, I am representing Horizon Tower and Verizon Wireless applying for a City of Meridian Conditional Use Permit to build a wireless telecommunications facility (monopine cell tower) at Ada County parcel 51133223010. There is no site address, but the project will be located immediately south of the Idaho Power substation near the SE corner of Amity and Eagle Road. Since the use is an unmanned occupancy group (U II -B construction type), we would need written confirmation that a traffic impact study or change of use is not required. Other than sporadic monthly maintenance visits to the tower, no traffic will be created by the use. http://www.adacountyassessor.org/propsVs/ViewParcel.do?yearPa rcel=201851133223010 Thank You, Owen Noson Site Acquistion Agent Powder River Development Services, LLC 408 S. Eagle Road, Suite 200 Eagle, ID 83616 www.powderriverdev.com (208) 501-7049 — Office Direct Line (208) 938-8844 — Office Main Line (262) 385-3175 — Cell o■ v U J loua�y INuaplsa2l � z `O �O c arc` U y O � c v I oo \111a � �� i■■■� �� 1111!! � s �ouapd jD1juaplsas L �! Vi■■ ••� � � o ■iii , C _� ■t : - ■■}o%po 0. 10!luaplsea U I ■rte � " =� � ;�; a°i or oe II .one s� ��oi, ra s� rai4s' � dd All u■■� - ■■I�IY�I�1Pi��r11� r► • ■ 11.1lEEEE!! � ��. � .. �9�! �iilMMr�aii� r�l�l11; 111`.x— — ' � �O �� :IIIIRJLa ll�kll��ll 1c: ° -°0 :0 m o•��ac N Ln o0°70 LO O ��cao U E F 0 p �� O 0 N L a a o C O o c8a�, �� c ° rnW o 0 y .$c E— c a u o � O'0300 0 0 ^ C o=a,� ��m E 8 C E.E o■ v U J loua�y INuaplsa2l � z `O �O c arc` U y O � c v I oo \111a � �� i■■■� �� 1111!! � s �ouapd jD1juaplsas L �! Vi■■ ••� � � o ■iii , C _� ■t : - ■■}o%po 0. 10!luaplsea U I ■rte � " =� � ;�; a°i or oe II .one s� ��oi, ra s� rai4s' � dd All u■■� - ■■I�IY�I�1Pi��r11� r► • ■ 11.1lEEEE!! � ��. � .. �9�! �iilMMr�aii� r�l�l11; 111`.x— — ' � �O �� :IIIIRJLa ll�kll��ll LO 0 No CL v CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Eagle/Amity Cell Tower Date: 6/14/18 Applicant(s)/Contact(s): Zachary Williams City Staff: Sonya, Kevin, Kenny Location: SEC of E. Amity Rd. & S. Eagle Rd. Size of Property: 39.71 Comprehensive Plan FLUM Designation: MU -N Existing Use: Ag Existing Zoning: R-8 Proposed Use: cell tower Proposed Zoning: NA Surrounding Uses: Substation/SFR/park/school/commercial Street Buffer(s) and/or Land Use Buffer(s): A min. 5' wide landscape strip is required outside the perimeter of the compound landscaped per the standards listed in UDC 11-4-3-43E,8 Open Space/Amenities/Pathways: NA Access/Stub Streets: existing access via S, Eagle Rd. for substation Waterways/ Floodplain/Topography/Hazards: NA History: CPAM-15-001; AZ -15-004 (DA #2015-061375) Additional Meeting Notes: Proposing 100' monopole (stealth pine tree) in a 20'x70' fenced area surrounded by a future storage facility ■ A conditional use permit is required for a wireless communication facility in an R-8 district per UDC 11-4-3-43C.5 ■ Administrative design review is required per UDC 11-4-3-43E.6 (should be submitted w/the Certificate of Zoning Compliance application) ■ Demonstrate compliance with the specific use standards listed in UDC 11-4-3-43C as applicable. ■ A new tower shall not be approved unless the decision making body finds that the telecommunications equipment planned for the proposed tower can't be accommodated on an existing or approved structure and/or tower; submit documentation accordingly. ■ Comply with any/all applicable development agreement provisions (Inst. #2015-061375) Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ ❑ Idaho Transportation Dept, (ITD) ❑ Settler's Irrigation District ❑ ❑ Republic Services ❑ Police Department ❑ ❑ Central District Health Department ❑ Fire Department ❑ Application(s) Required: X Administrative Design Review & CZC ❑ Conditional Use Permit Mod ification/Transfer ❑ ❑ Alternative Compliance ❑ Development Agreement Modification ❑ ❑ Annexation ❑ Final Plat ❑ ❑ City Council Review ❑ Final Plat Modification ❑ ❑ Comprehensive Plan Amendment - Map ❑ Planned Unit Development ❑ ❑ Comprehensive Plan Amendment - Text ❑ Preliminary Plat ❑ X Conditional Use Permit ❑ Private Street ❑ Public Works Department Building Department Parks Department, Jay Other: Rezone Short Plat Time Extension - Council UDC Text Amendment Vacation Variance Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. z a| ; \� Of \ / �k ��; � §� �$ q '� LL, $ `§ = z }\\ ' i§ ®E; GAm «B 2 k §§ § a §� ^\mak N =i|§� o } � § ■ § ~ / | ) - � / \, �, Guest Sign in P"rcel i 133 2'2- ty PRINT NAME PHONE Date: �2 4 1;2,) (�=o'DPNH EMAIL — 2. 3. I i 4. 5. s 7. i n e10. 11. 12. 13. 14. 15. i 16. 11 =1 I17 —r 18. 0 20. 21. 22. Templates by Vertex42.com © 2009-2014 Vertex42 LLC COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. Applicant/agent signature 7/9/2018 Date Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Far: 208-888-6854 wNN,\v.meridianci ,.org/planning Cq/(1EP,IDIAN*,,-, IDAHO Community Development Department Parcel Verification Date: 7-10-18 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Horizon Amity Monopine Cell Tower T/R/S: 3N 1E 33 Parcel Numbers: S1133223010 (39.71 Acres) Property Owner: Hill & Hill Properties LP 3625 E Amity Rd Meridian, ID 83642 Address Verification Rev: 04/23/12 ) ib ib § 1 0 hr 19 't roh } 1 ter i` ; '� ' +• k 5 • � : � ;i � `xa � �s�� 4:. 'N' : .ems ( :! f � i� _ } tJ. kl 'rt•1 gip.. t.i C. P � � �.Y. _ ` l� ' •i,"� , N,_rY' � � � � /' 1.x.4, r �>-r K tilt.,- �� - ► 6 _�I �, rl 1 i 71 10, 4.1 OF IIII)y 11 cc -_� �(.I 1 � -Y - Wiz_' - - _� :•� �, - - ;maiLL MC