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HomeMy WebLinkAboutVerizon Wireless CUP 02-025BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/12/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR MERICOM CORPORATION IN AN I-L ZONE, LOCATED AT 3735 N. TEN MILE ROAD, APPROXIMATELY '/< MILE NORTH OF USTICK ROAD, MERIDIAN, IDAHO Case No. CUP-02-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT MERICOM CORPORATION, APPLICANT The above entitled conditional use permit application having come before the City Council on November 12, 2002 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Director of the Planning and Zoning Department, and Cameron McFadden, 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 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 permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 12, 2002, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 November 12, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full 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 an I-L zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 3735 N. Ten Mile Road, approximately''/o mile north of Ustick Road, Meridian, Idaho. 5. The owner of record of the subject property is Bihnar, Inc., an Idaho corporation, 5640 N. Eagle Road, Boise, Idaho. 6. Applicant is Mericom Corporation, 7819 W. Preece Drive, Boise, Idaho 83704. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 7. The subject property is currently zoned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for construction of a wireless communications facility consisting of a 125' tall steel monopole and supporting equipment. The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that 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 determined by City Ordinance. 11. 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 current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Irnpact Area Boundary. 12. Giving due consideration to the comment received from 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 if the 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: FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - g A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site-Specific Requirements 1. The monopole structure and antenna array shall be painted a matte earthen color or otherwise camouflaged to reduce glare and visual intrusiveness. The monopole structure and antenna array shall be treated in a manner that reduces any glare or excessive visual intrusiveness of such equipment. 2. The climbing pegs on the tower, below 20', shall be removed and shall only be used when the tower is being serviced. 3. All lighting, other than that required by the FAA, shall be prohibited. 4. The tower shall not have any catwalk, crow's nest, or platform erected thereon except during times of construction or repair. 5. The tower shall be constructed, as proposed, to allow for at least two additional antenna arrays and shall be made available for co-location to other users. 6. No signs or banners shall be allowed anywhere on the tower structure except those signs required for safety purposes. General Reauirements 1. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 2. A building permit shall be obtained prior to the start of construction. 3. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a 12' wide road to the proposed building constructed with 6" of pit run and 2" of '/< crushed gravel. 2. Post the building address with 6" numbers, which aze visible from the street. 3. Provide fire extinguishers per the Uniform Fire Code Std. 10-1. 4. Comply with Article 64 of the Uniform Fire Code for Battery Storage Rooms, if applicable. 5. Insure that all right-of--way areas are maintained free of combustible vegetation per 1103.2.4 of the Uniform Fire Code. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District's Creason Lateral courses along the south boundary of the proposed project. Any encroachment within the easement area of the Creason Lateral must have approved plans and a signed License Agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT - 4 D. Adopt the Recommendations of the Meridian Water Department as follows: 1. Applicant should ensure the proposed project does not interfere with the Water Department's telemetry at Well 19. E. Adopt the action of the Council taken at their November 12, 2002 meeting as follows: 1. The Applicant shall be allowed to increase the maintenance building by two feet in length, and shall be allowed to construct the maintenance building the size of 12' by 30'. 2. For clarification, the Applicant shall be required to paint the 125' monopole and supporting equipment every eight (8) years. 13. It is found that the site is large enough to accommodate the required landscaping, yards and other features required by the Zoning Ordinance. When the Ten Mile Mini-storage facility was approved, there was no requirement placed on the developer to provide any landscaping on the southern boundary of the property. Likewise, applicant has not proposed any landscaping in the area around the proposed tower, because it backs directly up to the Creason Lateral and then the Wastewater treatment plant. It is felt that no additional landscaping should be required for this application. 14. The "93" Comprehensive Plan Land Use Map (in effect at the time of submittal) designates the property as "AgriculturaURura1 Residential. Nevertheless, in 2000 the City Council approved annexation of the property with an I-L zone. It is found, therefore, based on the Council's previous decision to zone the property I-L, that the proposed use is harmonious with the Comprehensive Plan. It is further found that the proposed use is in compliance with the Meridian City Code. 15. It is found that the proposed use will be compatible with the other commercial and industrial uses in the general vicinity. 16. It is not anticipated that the proposed uses will have an adverse affect on the other FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT - 5 property in the vicinity if designed, constructed, operated and maintained in accordance with any conditions of approval and the city ordinances. 17. It is found that the proposed development will be adequately served by the essential public facilities and services. 18. It is found that the proposed use would not create additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare of the community. 19. 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 furnes, glare or odors generated by the uses. 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. 21. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. 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 (I.C. §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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT - 6 and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 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 pemvt 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 yazds, 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, pazks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the 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, glaze or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - ~ 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 sunounding public streets; and 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 Light Industrial District (I-L), 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 Permit, 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) When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 A. Minimize adverse impact on other development; B. Control the sequence and timing of development; 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. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 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 permit for construction of a wireless communications facility consisting of a 125' tall steel monopole and supporting equipment in an I-L zone located at 3735 N. Ten Mile Road, approximately''/a mile north of Ustick Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site-Specific Requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - g 1. The monopole structure and antenna array shall be painted a matte earthen color or otherwise camouflaged to reduce glare and visual intrusiveness. The monopole structure and antenna array shall be treated in a manner that reduces any glare or excessive visual intrusiveness of such equipment. 2. The climbing pegs on the tower, below 20', shall be removed and shall only be used when the tower is being serviced. 3. All lighting, other than that required by the FAA, shall be prohibited. 4. The tower shall not have any catwalk, crow's nest, or platform erected thereon except during times of construction or repair. 5. The tower shall be constructed, as proposed, to allow for at least two additional antenna arrays and shall be made available for co-location to other users. 6. No signs or banners shall be allowed anywhere on the tower structure except those signs required for safety purposes. General Requirements 1. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 2. A building permit shall be obtained prior to the start of construction. 3. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a 12' wide road to the proposed building constructed with 6" of pit run and 2" of '/4 crushed gravel. 2. Post the building address with 6" numbers, which are visible from the street. 3. Provide fire extinguishers per the Uniform Fire Code Std. 10-1. 4. Comply with Article 64 of the Uniform Fire Code for Battery Storage Rooms, if applicable. 5. Insure that allright-of--way areas are maintained free of combustible vegetation per 1103.2.4 of the Uniform Fire Code. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District's Creason Lateral courses along the south boundary of the proposed project. Any encroachment within the easement area of the Creason Lateral must have approved plans and a signed License Agreement. D. Adopt the Recommendations of the Meridian Water Department as follows: 1. Applicant should ensure the proposed project does not interfere with the Water Department's telemetry at Well 19. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 E. Adopt the action of the Council taken at their November 12, 2002 meeting as follows: 1. The Applicant shall be allowed to increase the maintenance building by two feet in length, and shall be allowed to construct the maintenance building the size of 12' by 30'. 2. For clarification, the Applicant shall be required to paint the 125' monopole and supporting equipment every eight (8) years. 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 permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 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 FINAL ACTION 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 maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days a8er the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 ` ~ By action of the City Council at its regular meeting held on the 26~ /~~v~~^-~- , zooz. ROLL CALL: COUNCILMAN KEITH BIRD VOTED"' COUNCILWOMAN TAMMY deWEERD VOTED_~~~- COUNCILWOMAN CHERIE Mc CANDLESS VOTED~~- COUNCILMAN WILLIAM L.M. NARY VOTED /~ ~~~"~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: //~26-~ Z MOTION: APPROVED: Copy served upon Applicant, Planning and DISAPPROVED: Department, Public Works Department and the City Attorney. ~~~~.~• ~~ , ~~,,, . C). oR„~ r ti ,~ ~ 0 ~ .. City Clerk SEAL Da ~~ 1~,, 949~'~Sr ~sS ~~ .rO,c ~, q P ,p .`, Z:\Work\MVNeddian\Meridian 15360M\Venzon Wireless CUP-02-02SFfCIsCUP02-025.doc -a6-oZ day of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDLAN C/C 11/12/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FORMERICOM CORPORATION IN AN I-L ZONE, LOCATED AT 3735 N. TEN MILE ROAD, APPROXIMATELY'/, MILE NORTH OF USTICK ROAD, MERIDIAN, IDAHO Case No. CUP-02-025 ORDER GRANTING CONDITIONAL USE PERMIT MERICOM CORPORATION, APPLICANT This matter coming before the City Council on the November 12, 2002, under the provisions of Meridian City Code § 11-17-4 for fmal 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 pennit to construct a wireless communications facility consisting of a 125' tall steel monopole and supporting equipment in an I-L zone located at 3735 N. Ten Mile Road, approximately'/< mile north of Ustick Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site-Specific Requirements The monopole structure and antenna array shall be painted a matte earthen color or otherwise camouflaged to reduce glare and visual intrusiveness. The monopole structure ORDER CONDITIONAL USE PERMIT - >< (CUP-o2-o25) and antenna array shall be treated in a manner that reduces any glaze or excessive visual intrusiveness of such equipment. 2. The climbing pegs on the tower, below 20', shall be removed and shall only be used when the tower is being serviced. 3. All lighting, other than that required by the FAA, shall be prohibited. 4. The tower shall not have any catwalk, crow's nest, or platform erected thereon except during times of construction or repair. 5. The tower shall be constructed, as proposed, to allow for at least two additional antenna arrays and shall be made available for co-location to other users. 6. No signs or banners shall be allowed anywhere on the tower structure except those signs required for safety purposes. General Requirements 1. A Certificate of Zoning Compliance shall be obtained prior to applying for a building pernvt. 2. A building permit shall be obtained prior to the start of construction. 3. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a 12' wide road to the proposed building constructed with 6" of pit run and 2" of '/< crushed gravel. 2. Post the building address with 6" numbers, which are visible from the street. 3. Provide fire extinguishers per the Uniform Fire Code Std. 10-1. 4. Comply with Article 64 of the Uniform Fire Code for Battery Storage Rooms, if applicable. 5. Insure that all right-of--way areas are maintained free of combustible vegetation per 1103.2.4 of the Uniform Fire Code. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District's Creason Lateral courses along the south boundary of the proposed project. Any encroachment within the easement area of the Creason Lateral must have approved plans and a signed License Agreement. D. Adopt the Recommendations of the Meridian Water Department as follows: 1. Applicant should ensure the proposed project does not interfere with the Water Department's telemetry at Well 19. ORDER CONDITIONAL USE PERMIT - a (CUP-o2-o25) E., Adopt the action of the Council taken at their November 12, 2002 meeting as follows: The Applicant shall be allowed to increase the maintenance building by two feet in length, and shall be allowed to construct the maintenance building the size of 12' by 30'. 2. For clarification, the Applicant shall be required to paint the 125' monopole and supporting equipment every eight (8) years. 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 Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the 26 ~ day of /~o`e~-fN~- , 2ooz. / 0~,~ ,'o Robert D.~Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. \~~~~`l~~u~~!";~~.,, By City Clerk :26'x?/ Z:\Work\MVvIeridianVvleridian 15360M\Verizon Wireless CUP-02-025\OrderCUP02-025.doc ORDER CONDITIONAL USE PERMIT (CUP-o2-o25) ~TFO ~, 7~ 4~ i l' ,, -3