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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 06-15-04
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A ONE-
HUNDRED FOOT (100') TALL
STEEL MONOPOLE FOR USE AS A
WIRELESS COMMUNICATIONS
FACILITY IN A CoG ZONE,
WHICH SUBJECT LEASE
AREA/PROPERTY IS
APPROXIMATELY 377 SQUARE-
FEET IN SIZE AND IS LOCATED
APPROXIMA TEL Y 1,200-FEET
EAST OF EAGLE ROAD, AND
APPROXIMA TEL Y 1,600-FEET
SOUTH OF OVERLAND ROAD, IN
SECTION 21, TOWNSHIP 3
NORTH, RANGE I EAST,
MERIDIAN, IDAHO
Case No. CUP-04-010
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
T-MOBILE USA,
APPLICANT
The above entitled conditional use pennit application having come before the City
Council on June IS, 2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and Anna Powell Planning and Zoning Director for the Planning and Zoning
Department, and Clark Harris, appeared and testified, and the City Council having duly
considered the evidence and the record in this matter and the Recommendations to City Council
issued by the Planning and Zoning Commission who conducted a public hearing and the Council
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE I OF 18
having heard and taken oral and written testimony, and having duly considered the matter, the
City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and
Order to-wit:
FINDINGS OF FACT
1.
A notice of a public hearing on the conditional use pennit was published for two
(2) consecutive weeks prior to the said public hearing scheduled for June IS, 2004, before the
City Council, the first publication appearing and written notice having been mailed to property
owners or purchasers of record within three hundred feet (300') of the external boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with the notice
of public hearing having been posted upon the property under consideration more than one week
before said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly considered
by the City Council at the June IS, 2004, public hearings; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction ofthe
City of Meridian, having been given fun opportunity to express comments and submit evidence.
2.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3.
This proposed development request is in a CoG zone and by reason of the
provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 2 OF 18
Council on this application.
4.
The subject lease area/property is approximately 377-square feet in size and is
located approximately 1,200-feet east of Eagle Road, and approximately 1,600-feet south of
Overland Road, in Section 21, Township 3 North, Range lEast, Meridian, Idaho.
5.
The owner of record of the subject property is Sundance Investments Ltd.
Partnership, and Chris Anderson, an authorized agent for Sundance Investments, Ltd.
Partnership, has provided notarized consent for the applicant, T-Mobile USA, to submit the
requested conditional use pennit.
6.
Applicant is T-Mobile USA.
7.
The subject property is currently zoned C-G. The zoning district of C-G is defined
within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8.
The proposed application requests a Conditional Use Permit approval to construct
a one-hundred foot tall steel monopole for use as a wireless communications facility in a C-G
zone.
9.
The proposed application is in compliance with the Meridian Comprehensive
Plan.
10.
The use proposed within the subject application will in fact, constitute a
conditional use as detennined by City ordinance.
II.
The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 3 OF 18
12.
Giving due consideration to the comment received /Tom the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public ifthe
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A.
Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows:
I. Amend Site Specific Condition #6 on page six to read: "Paint the monopole structure and
antenna array a matte gray color, medium to dark, to camouflage the structure and antenna to
reduce glare and visual intrusiveness."
2. On page seven, under Meridian Fire Department comments, amend paragraph two to read:
"Post the building address with six inch numbers on the outside of the site-obscuring fence."
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning and
Engineering Departments as follows:
Site Soecific Requirements
I. The project is subject to all conditions of the Development Agreement (signed with
Sundance Investments), the Conditional Use Permit (File No.CUP-Ol-002) and the
Preliminary and Final Plats for Silverstone Subdivision as approved by the City Council.
2. Install sight-obscuring fencing around the lease area. Said fence shall be at least six feet (6'),
but no taller than eight feet (8'), in height.
3. The existing landscaping and new fencing will help screen the facility; additional
landscaping shall not be required with this application.
4. Provide vehicular access to the site that complies with the requirements of the Meridian Fire
Department. Said access shall have a turning radius of twenty-eight feet (28 ') inside and
forty-eight feet (48') outside and shall have a minimum twenty-foot (20') wide clear driving
surface, available at all times.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 4 OF 18
5. Prior to Certificate of Zoning Compliance (CZC) approval, submit a report /Tom a qualified
and licensed structural engineer that describes the tower height and design. The report shall
include a cross section of the tower, elevations, and a description ofthe tower's capacity to
accommodate antennas. The report shall also include a description of precautions the
applicant will take to avoid interference with established pubic safety telecommunications.
6. Paint the monopole structure and antenna array a matte etIf'tfteB gray color, medium to dark,
to aT atflefv:ise camouflage the structure and antenna to reduce glare and visual intrusiveness.
7. All lighting, other than that required by the FAA, shall be prohibited.
8. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed and
shall be used only when the tower is being serviced. The tower shall not have any catwalk,
crow's nest, or platform erected thereon except during times of construction or repair.
9. No part of any antenna, disk, array or other such item attaché to the tower shall bepennitted
to overhang any part of right-of-way or property line.
10. The tower shall be constructed as proposed, to allow for at least two additional antenna
arrays and shall be made available for co-location of other users.
11. Unless a time extension is granted by the City Council, an abandoned or unused
communication facility shall be removed within sixty (60) days of cessation of use as a
wireless communication facility. 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.
General Requirements
1. No building or other structure shall be erected, moved, added to or structurally altered, nor
shall any building structure or land be established or change in use on this site without first
obtaining a Certificate of Zoning Compliance (CZC) /Tom the Meridian Planning and Zoning
Department.
2. A building pennit shall be obtained prior to the start of construction.
3. All exterior lighting shall be down-shielded or otherwise altered so that the light does not
spill over onto adjacent properties or right-of-way.
4. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair
Housing Act.
5. Prior to obtaining certificate(s) of occupancy, all development improvements, including
perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 5 OF 18
installed. Prior to signature of the final plat by the City Engineer, a letter of credit or cash
surety in the amount of 110% will be required for all fencing, landscaping, pressurized
irrigation, amenities, sanitary sewer, water, etc.
6. Staff's failure to cite specific ordinance provisions or tenns of the approved development
agreement, annexation/zoning, preliminary plat, final plat, or conditional use does not relieve
the applicant of responsibility for compliance.
7. The subject conditional use pennit may be revoked or modified by the City Council, upon
notice and hearing, for breach or violation of any condition of approval or limitation ofthe
pennit (MCC 11-17-11).
8. This conditional use pennit shall be subject to the expiration provisions set forth in MCC 11-
17-4.B.
C.
Adopt the Recommendations of ACHD as follows:
1. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a
building pennit. Contact ACHD Planning & Development Services at 387-6170 for
information regarding impact fees.
2. Prior to the construction or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement
must be obtained /Tom ACHD.
D.
Adopt the Meridian Fire Department Recommendations as follows:
1. If not currently provided, construct a 20' wide fire lane that extends to within 150' of all
portions of the proposed structure(s). Fire lanes shall have a turning radius of twenty-eight
feet (28') inside and forty-eight feet (48') outside and shall have a minimum twenty-foot
(20') wide clear driving surface, available at all times.
2. Post the building address with 6" numbers on the outside of the sight-obscuring fence, which
are visible /Tom the street.
3. Provide fire extinguishers per the International Fire Code Standards.
4. Comply with the International Fire Code for Battery Storage Rooms.
5. Insure that all right of way areas are maintained /Tee of combustible vegetation per 1103.2.4
of the International Fire Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 6 OF 18
E.
Adopt the Recommendations of the Central District Health Department as follows:
1. We have No Objections to this Proposal.
F.
Adopt the recommendations ofthe Sanitary Services Company (SSC) as follows:
1. No comment.
G.
Adopt the recommendations of the Meridian Parks Department as follows:
1. No comment.
H.
Adopt the recommendations of the Meridian Police Department as follows:
1. No comment.
13.
The applicant, T-Mobile USA, has requested approval of a conditional use permit to
construct a wireless communications facility consisting of a 1O0-foot tall steel monopole and
supporting equipment in a C-G zone. The tower and all associated equipment for operation will be
contained within a sixteen by twenty-four foot (16' x24') fenced-off area. Within the fencing area a
battery cabinet, meter and PPC cabinet, demarcation cabinet, PCS antennas, antenna supports, a base
transceiver station, and other equipment. The applicant, at the public hearing, stated that the site
would be fenced with a vinyl fence, baize in color, six-feet in height, so that it would blend with all
the other existing fencing within the Silverstone development.
14.
It is found that the site is large enough to accommodate the required landscaping,
yards and other features required by the Zoning Ordinance.
15.
The Comprehensive Plan Future Land Use Map designates the land to be "Mixed
Use-Regional." Mixed Use-Regional areas will provide a full range of commercial, retail and
residential uses. Sample uses include: residential densities of3 to 40 dwelling units per acre, grocery
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 7 OF 18
stores, drug stores, coffee shops, salons, daycares, professional offices, medical offices, garden
centers, restaurants, banks, drive-thru facilities, service stations, department stores, entertainment
uses, major employment centers, etc. It is found that the proposed communications tower is
harmonious with the 2002 Comprehensive Plan and Future Land Use Map. It the applicant complies
with the conditions within the staff report, the proposed development will meet the requirements of
Titles 11 and 12 of Meridian City Code.
16.
The cell tower use is believed to be compatible with the residential, commercial, and
office uses that currently are in the area, as well as the future uses. Applications for cell towers often
bring opposition /Tom near-by property owners that do not believe that towers are compatible.
However, if the applicant constructs the monopole, fencing, and other improvements according to the
required conditions, it is found that the general design, construction, operation, and maintenance
should be compatible with other uses in the general neighborhood and with the existing and intended
character of the area.
17.
If the site is designed, constructed, operated and maintained in accordance with the
conditions of approval contained herein, and the applicable City Ordinances, it is not anticipated that
the proposed use will have an adverse affect on the other property in the vicinity.
18.
On April 29, 2004, a joint agency/department comments meeting was held with
representatives of key service providers to this property. The Meridian Fire Department, as well as
other entities, have submitted a list of needs and conditions to adequately serve the project, and
which are listed in paragraph 12 above. It is found that the proposed development will be adequately
served by the public facilities and services.
19.
It is found that the proposed use will not create additional requirements at public cost
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 8 OF 18
for public facilities and service and will not be detrimental to the economic welfare of the
community.
20.
The FCC has design guidelines for RF exposure. The applicant has submitted
documentation showing that it is unlikely that this wireless facility will expose humans to excessive
RF levels. Due to the submitted design of the facility, the use will be categorically exempt /Tom
routine compliance checks for RF levels by the FCC. It is not anticipated that the proposed use will
be detrimental to the general welfare of the community by means of increased traffic, noise, smoke,
fumes, glare, odors, or RF /Tequencies generated by the use.
21.
The applicant is using the existing, previously approved, vehicular approaches to the
property for the proposed use. It is found that the proposed use will not create any interference with
any traffic on the surrounding public streets.
22.
There appears to be no other natural or scenic feature(s) of major importance in the
area that may be affected by the proposed development.
CONCLUSIONS OF LAW
1.
The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2.
The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 9 OF 18
3.
As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4.
The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use pennit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code § 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
c. 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;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. 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, sewer; or that the person responsible for the establishment ofthe proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. 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;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 10 OF 18
i. 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.
5.
Prior to granting a conditional use permit in the CoG zone, a public hearing shall
be conducted with notice to be published and provided to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the land under consideration
for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-
17-5 City of Meridian Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Pennit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6.
Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code §
11-17-6)
7.
When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A.
Minimize adverse impact on other development;
B.
Control the sequence and timing of development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 11 OF 18
C.
Control the duration of development;
D.
Assure that the development is maintained property;
E.
Designate the exact location and nature of the development;
F.
Require the provision for on-site public facilities or services; and
G.
Require more restrictive standards than those generally required, in this
Ordinance.
8.
The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
1.
That the above named applicant is granted a conditional use pennit for approval to
construct a one-hundred foot tall steel monopole for use as a wireless communications facility in
a C-G zone, subject to the following conditions of use and development, subject to the following:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Amend Site Specific Condition #6 on page six to read: "Paint the monopole structure and
antenna array a matte gray color, medium to dark, to camouflage the structure and antenna to
reduce glare and visual intrusiveness."
2. On page seven, under Meridian Fire Department comments, amend paragraph two to read:
"Post the building address with six inch numbers on the outside ofthe site-obscuring fence."
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 12 OF 18
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning and
Engineering Departments as follows:
Site Soecific Requirements
1. The project is subject to all conditions of the Development Agreement (signed with
Sundance Investments), the Conditional Use Permit (File No.CUP-01-002) and the
Preliminary and Final Plats for Silverstone Subdivision as approved by the City Council.
2. Install sight-obscuring fencing around the lease area. Said fence shall be at least six feet (6'),
but no taller than eight feet (8'), in height.
3. The existing landscaping and new fencing will help screen the facility; additional
landscaping shall not be required with this application.
4. Provide vehicular access to the site that complies with the requirements of the Meridian Fire
Department. Said access shall have a turning radius of twenty-eight feet (28') inside and
forty-eight feet (48') outside and shall have a minimum twenty-foot (20') wide clear driving
surface, available at all times.
5. Prior to Certificate of Zoning Compliance (CZC) approval, submit a report from a qualified
and licensed structural engineer that describes the tower height and design. The report shall
include a cross section of the tower, elevations, and a description ofthe tower's capacity to
accommodate antennas. The report shall also include a description of precautions the
applicant will take to avoid interference with established pubic safety telecommunications.
6. Paint the monopole structure and antenna array a matte etIf'tfteB gray color, medium to dark,
to a£ atÐefv:ise camouflage the structure and antenna to reduce glare and visual intrusiveness.
7. All lighting, other than that required by the FAA, shall be prohibited.
8. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed and
shall be used only when the tower is being serviced. The tower shall not have any catwalk,
crow's nest, or platform erected thereon except during times of construction or repair.
9. No part of any antenna, disk, array or other such item attaché to the tower shall be permitted
to overhang any part of right-of-way or property line.
10. The tower shall be constructed as proposed, to allow for at least two additional antenna
arrays and shall be made available for co-location of other users.
11. Unless a time extension is granted by the City Council, an abandoned or unused
communication facility shall be removed within sixty (60) days of cessation of use as a
wireless communication facility. In the event that the tower and associated facilities are not
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 13 OF 18
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.
General Requirements
1. No building or other structure shall be erected, moved, added to or structurally altered, nor
shall any building structure or land be established or change in use on this site without first
obtaining a Certificate of Zoning Compliance (CZC) /Tom the Meridian Planning and Zoning
Department.
2. A building permit shall be obtained prior to the start of construction.
3. All exterior lighting shall be down-shielded or otherwise altered so that the light does not
spillover onto adjacent properties or right-of-way.
4. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair
Housing Act.
5. Prior to obtaining certificate(s) of occupancy, all development improvements, including
perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be
installed. Prior to signature of the final plat by the City Engineer, a letter of credit or cash
surety in the amount of 110% will be required for all fencing, landscaping, pressurized
irrigation, amenities, sanitary sewer, water, etc.
6. Staff's failure to cite specific ordinance provisions or terms of the approved development
agreement, annexation/zoning, preliminary plat, final plat, or conditional use does not relieve
the applicant of responsibility for compliance.
7.The subject conditional use permit may be revoked or modified by the City Council, upon
notice and hearing, for breach or violation of any condition of approval or limitation of the
permit (MCC 11-17-11).
8. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-
17-4.8.
C.
Adopt the Recommendations of ACHD as follows:
1. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a
building pennit. Contact ACHD Planning & Development Services at 387-6170 for
information regarding impact fees.
2. Prior to the construction or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc), a pennit or license agreement
must be obtained /Tom ACHD.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 14 OF 18
D.
Adopt the Meridian Fire Department Recommendations as follows:
1. Ifnot currently provided, construct a20' wide fire lane that extends to within 150' of all portions
of the proposed structure(s). Fire lanes shall have a turning radius of twenty-eight feet (28')
inside and forty-eight feet (48') outside and shall have a minimum twenty-foot (20') wide clear
driving surface, available at all times.
2. Post the building address with 6" numbers on the outside of the sight-obscuring fence, which are
visible from the street.
3. Provide fire extinguishers per the International Fire Code Standards.
4. Comply with the International Fire Code for Battery Storage Rooms.
5. Insure that all right of way areas are maintained /Tee of combustible vegetation per 1103.2.4 of
the International Fire Code.
E.
Adopt the Recommendations of the Central District Health Department as follows:
1. We have No Objections to this Proposal.
F.
Adopt the recommendations ofthe Sanitary Services Company (SSC) as follows:
1. No comment.
G.
Adopt the recommendations of the Meridian Parks Department as follows:
1. No comment.
H.
Adopt the recommendations of the Meridian Police Department as follows:
1. No comment.
2.
The conditions shall be reviewable by the Council pursuant to Meridian City Code
§ 11-17-9.
3.
The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use pennit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 15 OF 18
4.
That the City Attorney draft an Order Granting Conditional Use Pennit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional usepennit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the pennit
holder must commence the use as pennitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. Ifthe completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year /Tom the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 16 OF 18
4.8.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regnlatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an
interest in real property which may be adversely affected by the issuance or denial of the
conditional use permit approval may within twenty-eight (28) days after the date of this decision
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
G~&
day of
J~
,2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~
VOTED~
VOTED ¡:}/;)~
VOTED~
VOTED--=-
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY deWEERD (TIEBREAKER)
DATED:
6-7-04-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 17 OF 18
MOTION:
APPROVED:--Ä--
DISAPPROVED:-
Attest:
By: \.ßJÚL À.h ~ ~ iY\....
City Clerk's Office
Dated: 1- \ '2 -O~
Z:I WorklMlMeridianlMeridian 15360MlT-Mobile CUP-04-o1 OlFfCIsCUP04-0 IO.do:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 18 OF 18
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A ONE-
HUNDRED FOOT (100') TALL
STEEL MONOPOLE FOR USE AS A
WIRELESS COMMUNICATIONS
FACILITY IN A CoG ZONE,
WHICH SUBJECT
LEASEAREAlPROPERTY IS
APPROXIMATELY 377 SQUARE-
FEET IN SIZE AND IS LOCATED
APPROXIMA TEL Y 1,200-FEET
EAST OF EAGLE ROAD, AND
APPROXIMA TEL Y 1,600-FEET
SOUTH OF OVERLAND ROAD, IN
SECTION 21, TOWNSHIP 3
NORTH, RANGE lEAST,
MERIDIAN, IDAHO
T-MOBILE USA,
APPLICANT
1.
C/C 06/15/04
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Case No. CUP-04-010
ORDER GRANTING
CONDITIONAL USE PERMIT
This matter coming before the City Council on June 15, 2004, under the provisions
of Meridian City Code § 11-17-4 for final action on conditional use permit application and the
Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2.
That the above named applicant is granted a conditional use permit for approval to
ORDER CONDITIONAL USE PERMIT
(CUP-O4-010)
PAGEI0F7
construct a one-hundred foot tall steel monopole for use as a wireless communications facility in
a COG zone, subject to the following conditions of use and development:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Amend Site Specific Condition #6 on page six to read: "Paint the monopole structure and
antenna array a matte gray color, medium to dark, to camouflage the structure and antenna to
reduce glare and visual intrusiveness."
2. On page seven, under Meridian Fire Department comments, amend paragraph two to read:
"Post the building address with six inch numbers on the outside of the site-obscuring fence."
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning and
Engineering Departments as follows:
Site Specific Requirements
1. The project is subject to all conditions of the Development Agreement (signed with
Sundance Investments), the Conditional Use Pennit (File No.CUP-01-002) and the
Preliminary and Final Plats for Silverstone Subdivision as approved by the City Council.
2. Install sight-obscuring fencing around the lease area. Said fence shall be at least six feet (6'),
but no taller than eight feet (8'), in height.
3. The existing landscaping and new fencing will help screen the facility; additional
landscaping shall not be required with this application.
4. Provide vehicular access to the site that complies with the requirements of the Meridian Fire
Department. Said access shall have a turning radius of twenty-eight feet (28') inside and
forty-eight feet (48 ') outside and shall have a minimum twenty-foot (20') wide clear driving
surface, available at all times.
5. Prior to Certificate of Zoning Compliance (CZC) approval, submit a report /Tom a qualified
and licensed structural engineer that describes the tower height and design. The report shall
include a cross section of the tower, elevations, and a description of the tower's capacity to
accommodate antennas. The report shall also include a description of precautions the
applicant will take to avoid interference with established pubic safety telecommunications.
6. Paint the monopole structure and antenna array a matte etIf'tfteB gray color, medium to dark,
to af atÐefV/i5e camouflage the structure and antenna to reduce glare and visual intrusiveness.
ORDER CONDITIONAL USE PERMIT
(CUP-O4-01O)
PAGE20F7
7. All lighting, other than that required by the FAA, shall be prohibited.
8. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed and
shall be used only when the tower is being serviced. The tower shall not have any catwalk,
craw's nest, or platform erected thereon except during times of construction or repair.
9. No part of any antenna, disk, array or other such item attachéto the tower shall bepennitted
to overhang any part of right-of-way or property line.
10. The tower shall be constructed as proposed, to allow for at least two additional antenna
arrays and shall be made available for co-location of other users.
11. Unless a time extension is granted by the City Council, an abandoned or unused
communication facility shall be removed within sixty (60) days of cessation of use as a
wireless communication facility. 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.
General Requirements
1. No building or other structure shall be erected, moved, added to or structurally altered, nor
shall any building structure or land be established or change in use on this site without first
obtaining a Certificate of Zoning Compliance (CZC) /Tom the Meridian Planning and Zoning
Department.
2. A building permit shall be obtained prior to the start of construction.
3. All exterior lighting shall be down-shielded or otherwise altered so that the light does not
spill over onto adjacent properties or right-of-way.
4. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair
Housing Act.
5. Prior to obtaining certificate(s) of occupancy, all development improvements, including
perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be
installed. Prior to signature of the final plat by the City Engineer, a letter of credit or cash
surety in the amount of 110% will be required for all fencing, landscaping, pressurized
irrigation, amenities, sanitary sewer, water, etc.
6. Staff's failure to cite specific ordinance provisions or terms of the approved development
agreement, annexation/zoning, preliminary plat, final plat, or conditional use does not relieve
the applicant of responsibility for compliance.
ORDER CONDITIONAL USE PERMIT
(CUP-04-010)
PAGE 3 OF 7
7. The subject conditional use pennit may be revoked or modified by the City Council, upon
notice and hearing, for breach or violation of any condition of approval or limitation of the
permit (MCC 11-17-11).
8. This conditional use pennit shall be subject to the expiration provisions set forth in MCC 11-
17-4.B.
C.
Adopt the Recommendations of ACHD as follows:
1. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning & Development Services at 387-6170 for
information regarding impact fees.
2. Prior to the construction or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc), a pennit or license agreement
must be obtained /Tom ACHD.
D.
Adopt the Meridian Fire Department Recommendations as follows:
1. If not currently provided, construct a 20' wide fire lane that extends to within 150' of all
portions of the proposed structure(s). Fire lanes shall have a turning radius oftwenty-eight
feet (28') inside and forty-eight feet (48') outside and shall have a minimum twenty-foot
(20') wide clear driving surface, available at all times.
2. Post the building address with 6" numbers on the outside of the sight-obscuring fence, which
are visible /Tom the street.
3. Provide fire extinguishers per the International Fire Code Standards.
4. Comply with the International Fire Code for Battery Storage Rooms.
5. Insure that all right of way areas are maintained free of combustible vegetation per 1103.2.4
of the International Fire Code.
E.
Adopt the Recommendations of the Central District Health Department as follows:
1. We have No Objections to this Proposal.
F.
Adopt the recommendations of the Sanitary Services Company (SSC) as follows:
1. No comment.
ORDER CONDITIONAL USE PERMIT
(CUP-04-01O)
PAGE40F7
G.
Adopt the recommendations of the Meridian Parks Department as follows:
1. No comment.
H.
Adopt the recommendations of the Meridian Police Department as follows:
1. No comment.
3.
The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4.
Notice to Pennit Holder, this conditional use pennit is not transferable without
complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to
this pennit.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as pennitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. Ifthe completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
ORDER CONDITIONAL USE PERMIT
(CUP-O4-010)
PAGE50F7
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year /Tom the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regnlatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the [mal decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an
interest in real property which may be adversely affected by the issuance or denial of the
conditional use pennit approval may within twenty-eight (28) days after the date of this decision
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
ORDER CONDITIONAL USE PERMIT
(CUP-04-01O)
PAGE60F7
By action of the City Council at its regnlar meeting held on the
b -fC!i-
day of
dM¡f
,2004.
d, Mayor City of Meridian
Attest:
BY:~~ . i\^ U{(L
City Clerk'ลก Office
"",,""
Dated:
l-rz.-Ci
Z:\Work\M\MeridianIMeridian 15360MIT-Mobile CUP-O4-010lOrderCUP.doc
ORDER CONDITIONAL USE PERMIT
(CUP-O4-01O)
PAGE70F7