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HomeMy WebLinkAboutVerizon Wireless CUP RECEIVED APR 1 5 2005 City Of Meridian City Clerk Office STAFF SUMMARY OF PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL Date of Recommendation: April 15,2005 Project Name: AFL Telecommunications Case No(s): CUP-OS-007 Applicant: AFL Telecommunications, for Verison Wirelesss P&Z Commission Hearing Date: March 17,2005 Recommendation: Approve with conditions A. Summary of Public Hearing: 1. In favor:: Jerry Hansen, AFL Telecommunications 2. In opposition: none 3. Commenting: none 4. Staff presenting application: Joseph Guenther 5. Other staff commenting on application: None. B. Key Issues of Discussion by Commission: 1. Height ofTower-lOO feet tall 2. Distance to Residential areas and Locust Grove Road 3. Co-Location of other uses on tower 4. Color of tower, resolved to be "Idaho Power Grey" C. Key Commission Changes to Staff Recommendation: Substituting "City of Meridian" in place of "Meridian Fire Department and Meridian Police" D. Outstanding Issue(s) for City Council: None. E.CUP Site Plan I. Date of Original Site Plan: Site Plan drawn December 16, 2004 F. Recommended Conditions of Approval (by Commission, if applicable) Exhibit C - Conditional Use Permit (City staff) EXHIBIT A AFL Telecommunications (Verison Wireless) CUP-05-007 Legal Description -------------------... c--- ,,(fF--L'..~~---J,J,r,",~~_t:I_-.Il.tLJ,_, LJ.l, J_, J,-d, ~mD,~~1 ¡' ~~~~~-~ III [!J II I c-, , "",=..-. ': .' ',~;:"::..';;,- I,ll, I,¡,I,:I,~:,~¡" =, Iii-,'.!""'" ~,',."i!~,'", -':--', ..... .., . ... ~ : ~ , ~ " . ~. - ,""'. . J.., '-=-::.:.:,,',~."""'" ",- ~ ~ 'I =~ _..:: f-,!'~ ._'~F ~,=- ..1: i ~~' 0- ! =.' , I ! ~._" , -- ""=:'~, : ,~. -...u'::'"=- ! a~1 .::;, I , \j1~1Y ~ .=,,-.,..,~ EXHIBIT "A" P",20[1 DESCRIPTION OF PREMISES VERIZON LEASE SITE DESCRIPTION, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA COUNTY, STATE OF IDAHO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' BEGINNING AT A POINT SOUTH 00"26'34" WEST 1685.57 FEET ALONG MONUMENT LINE AND EAST 425,14 FEET FROM THE NORTH QUARTER CORNER OF SECTION 17, TOWNSHIP S NORTH, RANGE J WEST, BOISE MERIDIAN AND RUNNING THENCE NGRTH 2S.00 FEET; THENCE EAST SO.OO FEET; THENCE SOUTH 25.00 FEET; THENCE WEST SO.OO FEET TO THE POINT OF BEGINNING. CONTAINS, 1250 SQUARE FEET, OR 0,029 ACRES, MORE OR LESS, (AS SURVEYED). VERJZON ACCESS AND UTILITIES DESCRIPTION, TOGETI!ER WITH ALL RIGHTS OF INGRESS AND EGRESS OVER. ACROSS AND THROUGH EXISTING DRIVEWAYS, ROADS AND UNIMPROVED SURFACES OF THE GRANTOR'S LAND FOR THE PURPOSE OF CONSTRUCTING AND MAINTAiNING THE TELECOMMUNICATIONS SITE, INCLUDING THE INSTALLATION AND MAINTENANCE OF POWER AND TELEPHONE UTILITIES. ""'",1<."> '°1 CHIEf """'" 'VRnOO4 12 EXHIBIT B Falash Construction CUP-05-009 Approved Site Plan . .-.--------, I I i ~ ~ä~§ in" ~~.~ §!iL ~~i if . EXHIBIT C AFL Telecommunications (Verison Wireless) CUP-05-007 Final Conditions of Approval SPECIAL CONSIDERATIONS I. Signs & Addressing: No signs are being approved with the subject CUP application. Signs require a separate permit in compliance with the sign ordinance. See Site Specific Condition #2 below. 2. Co-Location ReQuirements - As required by MCC 11-22-E.3. The applicant shall design the tower as to accommodate the applicant's antennas one other user's comparable antennas. The Meridian Police and Fire departments have made comment. See Other Agencies Comments and Concerns. SITE SPECIFIC CONDITIONS OF APPROVAL (CUP) 1. All conditions of the previously approved Avest Plaza Subdivision shall also be considered conditions of the Conditional Use PeITnit (CUP-OS-007) application. 2. No signs are approved with this application. All wall and ftee-standing signs require a separate permit. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 3. No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair. No signs or banners shall be attached to any portion of a wireless communications tower. 4. 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. S. All lighting on the tower, other than that required by the FAA, shall be prohibited. 6. Comply with the conditions and comments of all City Departments, and other agencies. 7. No additional buildings or other structures 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) from the Meridian Planning and Zoning Department (MCC 11-19-1), 8. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost ofthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 10. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 1I-13-4.C. 11. Applicant's (or successor's) failure to comply with any ofthe terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 12. All climbing pegs within the bottom twenty feet shall be removed and shall only be used when the tower is being serviced. OTHER AGENCY COMMENTS & CONDITIONS MERIDIAN POLICE DEPARTMENT 1. The City of Meridian must have the first right of refusal for co-location of communications devices as per MCC II-22-E.3 MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side ofthe hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. The phasing plan may require that any roadway greater than ISO' in length that is not provided with an outlet shall be required to have an approved turn around. 4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. S. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 8. All portions of the buildings located on this project must be within ISO' of a paved surface as measured around the perimeter of the building. 9. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 10. This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. EXHIBIT D AFL Telecommunications (Verison Wireless) CUP-05-007 Conditional Use Permit Findings STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall fmd evidence presented at the hearing(s) is adequate to establish (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; The proposed site plan indicates the pole shall be located entirely on Commercial property and not within a residential area. Mirage Meadows Subdivision is approximately 280 feet to the north of the site which is greater than the required setbacks as listed in ll-22-D, of 125% of the height of the tower. Furthermore, the tower lies approximately 380 feet from Locust Grove Road, which is greater than three times the height of the tower. 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; The Comprehensive Plan Future Land Use Map designates the property as "Commercial" and is currently zoned C-G. Staff finds that the requested use is consistent with the Future Land Use Map and that if approved as a CUP the project will be in compliance with City ordinances. 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; Staff is generally supportive of the site plan design. This area is part of a larger commercial/industrial area, which staff believes the applicant has designed to accommodate. Staff believes that monopole communications tower will be compatible with other useslbuildings in the area. There is an existing 85' Cricket tower located near this site and the proposed use is consistent with the previously approved uses within Avest Plaza Subdivision. D. The applicant has applied the design standards as listed under MCC ll-22-SC to the site as it will be of monopole design: it will be painted as to blend into the surroundings unless required by the FAA; it will be sufficiently setback fÌom the property line; the accessory building will be surrounded by a sight obscuring fence; the landscape buffer has been established by the Stor-it facility; and the pegs will be removed after construction as conditioned. Stafffmds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing and intended character ofthe area and in compliance with the standards as set forth in MCC 11-22. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff finds that if the applicant complies with the conditions outlined in this report, the proposed Communications tower will not adversely affect other property in the area. The Commission and Council should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Sanitary sewer and water will not be required on the subject site. Roads are already provided and the site is an existing commercial operation. The Meridian Fire Department requires the generator to comply with all design standards for underground fuel storage. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. I. Staff recognizes that traffic and noise will not increase with the approval of a monopole tower in this location. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed use will not be detrimental to people, property or the general welfare of the area. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to utilize the existing commercial site located on Lot 9 Block I of A vest Plaza Subdivision. There is proposed a fencing structure to close off the site and there is a secondary fencing along Avest property line and a perimeter building. Police and fire have expressed concern with not being able to access the site from all directions. See agency comments below. 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. Staff is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Falash Construction Ca~e No(s). CUP-05-009 For the City Council Hearing Date of: April 19, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was du1y considered by the City Council at the April 19, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6S09, 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. Application and Property Facts CITY OF MERIDIAN FINDINGS OF F ACf, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUp.(15-007- -PAGE I 014 In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Falash and Ross Construction, Inc, Michael Falash. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit D for the findings required for Conditional Use PeITnits. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all CUITent zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. S. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan submitted with the application as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated submitted with the application is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S).CUP-O5-O07- -PAGE2of4 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. 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 permitted 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. If the 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 from 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 ll-I7-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory 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. 2. 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 peITnit 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. F. Exhibits Exhibit A: Legal Description CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &.DRDER CASENO(S).CUP-O5-007- -PAGE30f4 Exhibit B: Approved Site Plan Final Conditions of Approval Exhibit C: Exhibit D: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED~ Mayor Tammy de Weerd Attest: William G. Berg, Jr., City Clerk Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-007- - PAGE 4 of4