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HomeMy WebLinkAboutVerizon Wireless CUP MERIDIAN PLANNING & ZONING MEETING March 17,2005 CUP 05-007 APPLICANT AFl Telecommunications ITEM NO. 5 REQUEST Public Hearing: Conditional Use Permit for a wireless telecommunication facility in a C-G zone for Verizon Wireless - 1776 North Avest lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached staff report CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: No comment MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: See attached comments NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: See attached comments IDAHO POWER: INTERMOUNTAIN GAS: va ~ . rNfl\~; 'í\J-;~ÞV'A .. .. ~ ~R{DV (to UtU fJ/D OTHER: Contacted: Emajled: MAYOR Tammy de Weerd olfe~;¡i:in - IDAHO LEGAL DEPARTMENT (208) 466-9272 'Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree PLANNING AND ZONiNG DEPARTMENT (208) 884-5533' FAX 888-6854 MEMORANDUM: TransmittalDate: February 16, 2005 P & Z HearingDate: March 17, 2005 To: Mayor, City Council and Planning & Zoning Commission From: Joseph Guenther, Associate City Planner ¿~-::# Bruce Freckleton, Development Services Manage~ RE C E IVED MAR 1 1 2005 CITY OF MERIDIAN CITY CLERK OFFIC',F Re: AFL Telecommunications . Request for Conditional Use Permit for the Construction of a One-Hundred Foot (100') Tall Steel Monopole with an accessory building for Use as a Wireless Communications Facility, in an C-G Zone, by the AFL Telecommunications Corporation (File No.CUP-O5-007). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The Applicant, AFL Telecommunications Corporation, has requested approval of a conditional use permit for the construction of a wireless communications facility consisting of a 100' tall steel monopole and supporting equipment in a CoG zone. The proposed location for the tower is 1776 Avest Lane, located in the Avest Lane Mini-Storage facility. The equipment for the proposed tower will be contained within a twelve foot by twenty-eight foot (12' x 26') prefabricated building. The building and the tower will be surrounded by a six foot (6') tall chain-link fence. The proposed tower will be constructed to allow for the co-location of two additional antenna arrays, one at 89' and the other at 96'. The standards for wireless communications towers are listed in MCC 11-22; all mono pole towers require a conditional use permit. LOCATION The subject property is located at 1776 Avest Lane, Section 18, Township 3 North, Range 1 East. CUP-O5-O09 Falash and Ross Construction.CUP.doc Planning & Zoning Commission/Mayor & City Council March 17,2005 (Hearing Date) Page 2 SURROUNDING PROPERTIES North - Single Family Residential- Mirage Meadows Subdivision South - Fred Meyer - CoG East - A vest Storage Units - CoG West - Locust Grove Road, L-a OWNER OF RECORD The owner of record is Avest Properties, Signed by Kathleen Weber partner, has given consent for the requested application. 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 ColIlIIl,ercial 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 11-22-D, of 125% of the height of the tower. Furthermore, the tower lies approximately 380 feet ITom 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 CoG. 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; Staffis 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 CUP-05-O0J AFL Telecommunícations.CUP.doc Planning & Zoning Commission/Mayor & City Council March 17,2005 (Hearing Date) Page 3 with other uses/buildings 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 A vest Plaza Subdivision. The applicant has applied the design standards as listed under MCC 11-22-5C 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. Staff finds 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 of the area and in compliance with the standards as set forth in MCC 11-22. D. 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. CUP-O5-007 AFL Telecommuoications.CUP.doc H. I. Planning & Zoning Commission/Mayor & City Council March 17, 2005 (Hearing Date) Page 4 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; Staff recognizes that traffic and noise will not increase with the approval of a monopole tower in tJùs 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 ofthe 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 1 of Avest Plaza Subdivision. There is proposed a fencing structure to close off the site and there is a secondary fencing along A vest 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. SPECIAL CONSIDERATIONS 1. 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-EJ. 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 Permit (CUP-05-007) application. 2. CUP-O5-007 No signs are approved with this application. All wall and free-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. AFL Telecommunications.CUP.doc 9. Planning & Zoning Commission/Mayor & City Council March 17, 2005 (Hearing Date) Page 5 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. 5. 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) ITom 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 of the 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. If construction has not begun within IS 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 11-13-4.C. 11. Applicant's (or successor's) failure to comply with any of the 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 Police and Fire Departments must have the first right of refusal for co-location of communications devices as per MCC 11-22-E.3 CUP-O5-007 AFL Telecommunications.CUP.doc Planning & Zoning Commission/Mayor & City Council March 17,2005 (Hearing Date) Page 6 MERIDIAN FIRE DEPARTMENT l. 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 \12" 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 of the 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 150' 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 intemal roadways all roadways shall be marked in accordance with Appendix D Section D1O3.6 Signs. 5. 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 Intemational 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) ITom 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-J 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). . CUP-O5-007 AFL Te1eoommunications.CUP.doc Planning & Zoning Commission/Mayor & City Council March 17, 2005 (Hearing Date) Page 7 10. This project will be required to provide a20' 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. RECOMMENDATION Staff recommends approval of the subject Conditional Use Permit (CUP-05-007) application with the aforementioned conditions. CUP-O5-O0J AFL Telecommunications.CUP.doc . ---~-~ ~.'i-.""1~~,- ~ Right-or-Way & Development Department Planning Review Division to.......wtrut-:tø su...:oe- John S. Franden, President Sheny R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Amoid, Commissioner February 24,2005 TO: SUBJECT: AFL Telecommunications 429 Lawndale Dr. Slat Lake City, UT 84115 MCUP05-007 Telecommunication Facility 1776 N Avest Lane In response to your request for comment, the Ada County Highway District (ACHD) staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that the Right-of-Way and Development Services Department does not have any site specific requirements for you at this time due to the fact that the proposed application: » Will generate less than 10 vehicle trips per day (VTD) If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. A traffic Impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit or occupancy. Contact ACHD Planning & Development Services at 387-6170 for information regarding Impact fees. If you have any questions, please feel free to contact me at (208) 387-6171. <~A~~ Karen Anderson Planner 1, Planning Division Right-of-Way and Development Services cc: Project File, Construction Services, Drainage, Utilities Meridian City Miller Associates 3225 W California Ave, Ste 101 Salt Lake City, UT 84104 Avest Limited Partnership 1776 N Avest Lane Meridian, ID 83642 RECEIVED MAR - 8 2005 City 0/ Merídia" City C er~ HHk,' ~ & ~ 1~ 'Dé4tIûet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 1 March, 2005 Phones: Areo Code 208 OFFiCE: Nompo 466-7861 SHOP: Nompo 466-0663 William G. Berg Jr., City Clerk qty,ofM-eridian '".3~'Avë.-.~- Meridian,UD 83642 RE: CUP 05-007NerizoD Wireless Dear Will: If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, . ß d/#~ Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg c: File. Office/Shop APPROXIMATE IRRIGABlE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 RECEIVED MAR - 8 2005 ~i: 3.':;."J1II:. Ie Q P ÿ1 ~ & ~ 1~ ~~~.¿a 1503 FIRST STREET SOUTH NAMPA, iDAHO 83651-4395 FAX # 208.463-0092 3 March 2005 phones: Area Code 208 OFFICE: Nampo 466-7861 SHOP: Nampa 466-0663 Miller Associates 3225 W. California Ave., Suite 101 Salt Lake City, UT 84104 - --mRE,--I..aOO-Use-GhaA§e,~I\Qn-~\leÑOnWireless- -co ------ -.- Please note the District now reQuires three (3) sets of plans To Whom It May Concern: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, Æ~, 1. Seæ~rer NAMPA & MERIDIAN IRRIGATION DISTRICT DNMlsmc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Avest LP, an Idaho Limited Partnership, 1776 N. Avest Lane, Meridian, ID 83642 AFL Tele Communications, 429 Lawndale Drive, Salt Lake City, UT 84115 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23.000 BOISE PROJECT RIGHTS - 40,000 ~ 118. ~ VVlreless k~~l AFL Telecommunications March 4, 2005 RE C E IVE-::]) MAR 0 8 2005 City Of MeridÜn, City C¡',rk Office Meridian Planning and Zoning 660 E Water Tower Lane Meridian, ID 83642 Attn. Barbara Shiffer Administrative Assistant Re: Posting of Public Hearing Proposed Verizon Wireless Telecommunication Facility 1776 Avest Lane, Meridian, ID Conditional Use Permit Application Ms. Shiffer: I have enclosed the notarized "Affidavit of Posting of Public Hearing Notice" required as part of the Conditional Use Permit application. Also enclosed is a copy of the Notice together with photos of the posted notice itself. If for any reason these do not satisfy the City's requirements, please advise. Also please acknowledge receipt of this package by contacting me via e-mail as listed below. Thank you for your assistance, C¡E.q. iff!, son AFL e ecommunication Project Manager 429 Lawndale Dr. Salt Lake City, UT 84115 801.879.4607 E-Mail Address: ielTV.hanson(ájRIcoa.com AFFIDAVIT OF POSTING OF HEARING NOTICE AFL TELECOMMUNICATIONS and Jerry Hanson hereby attest and affirm that- a "NOTICE OF PUBLIC HEARlNG" was posted by Jerry Hanson on the exterior ofthe office for Stor-It storage facility located at 1776 North Avest Lane, Meridian, Idaho 83642 on February 24,2005. A copy of the Notice is attached. Also enclosed are photographs of the posted Notice. Dated: March 4, 2005 ~ Project Manager 801-870-4607 State of Utah ss. County of Salt Lake The foregoing instrument was subscribed and sworn before me the day and year above written. IIIOrAAYP\JBLIG ,aVWSAMPU! 429 Lawndale C" 811t~keClly,UT84"1 COMMISSION exPIRES JULV02,2OOi STAle OF UTAII N~~~~'" My commission expires: ~ NOTICE OF PUBLIC HEARING CITY OF MERIDIAN Hearin2 Date: March 17,2005 Time: 7 PM Place: Meridian City Hall, 33 East Idaho Ave. Meridian, Idaho Hearin2 For: Conditional Use Permit Applicant: AFL Telecommunications 429 Lawndale Dr., Salt Lake City, Utah Purpose of Conditional Use Permit: Installation of a Wireless Telecommunication Facility and Monopole within the Stor-It Storage Facility located at 1776 N. Avest Ln. Meridian, Idaho Q ~ 0.0 "' .s ã ~ .,...¡ ~"'O ( ) .,...¡ ~ ~ u~ .,...¡ ......-I "' '"§ ~ ~ ~ ~~ 0 .~ 00 ( ) ( ) u ;> .~ < z~ "'0 0 ~z 0\.0 ~t- t- ......-I Q ~ OJ:) ... oS ã ~ o""'¡ ~'"O Q) o""'¡ ::r= ~ u::E 0 ,....¡ ........ ... ~ ~ ~ ~ ~~ 0 ~ 00 Q) Q) u > o~ < z~ '"0 0 ~z 0\0 ~t- t- ........