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HomeMy WebLinkAboutComments.- Jun 02 04 02:23p Pinnacle Engineers, Inc. MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. Rountree C 1 J y' . C:1'i'Y UP _~:„~. errr~r~~ 39 tLtiANO LEGAL DEPARTMENT (208) 466-9272 •Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 •Fax 898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 MEMORANDUM: May 28, 2004 To: Planning & Zoning Commission, Mayor & City Council From: Steve Siddoway, Principal Planner ~evv-~--~' Re: ANTENNA ORDINANCE AMENDMENT Zoning Ordinance Amendment to allow Small Antennas to be Mounted on Existing & New Light and Power Poles by Pinnacle Engineers, Inc. We have reviewed this submittal and offer the following comments: APPLICATION SUMMARY The Applicant, Pinnacle Engineers, has submitted proposed amendments to the existing Cell Tower Ordinance (MCC 11-22). The proposed amendments' primary focus is on allowing small antennas to be mounted on existing and new light and power poles throughout the City, including residential zones. CONIIVIENTS After reviewing the proposed amendments, Planning and Zoning staff suggests only minor revisions to the Zoning Ordinance Amendment. A revised copy of the proposed amendments is attached below. The following summarizes the issues related to the application: Maximum Size: The proposed maximum size for the antennas is 5 square feet. Staff concurs with the proposed maximum size. The applicant will provide sample photographs of the antennas during the hearing. 2. Existing or New Poles: Staff concurs that the small antennas could be added to existing light poles and power poles. However, staff questions whether the ordinance should allow for new poles to be erected for the sole purpose of accommodating an antenna. Therefore, staff recommends striking the words "or new" from the proposed amendment so that the ancillary antennas are restricted to poles that exist as part of another project. 3. P&Z Director Discretion: The proposed amendment strikes the review by the Planning Director to determine if the proposed stealth is sufficient to avoid the CUP process and replaces it with a requirement to review all stealth towers and antennas through the CZC process. While staff does agree that most stealth towers and antennas should be reviewed through the CZC 208-887-7781 • antenna ~rdinance.L.A.doc MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird r TREASURE V Nlj • LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING & ZONING (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: May 27, 2004 Transmittal Date: May 13, 2004 Hearing Date: June 3, 2004 File No.: ZOA 04-001 Request: Zoning Ordinance Amendment to allow small antennas to be mounted on existing and new light and power poles within residential, office, commercial and industrial subdivisions. By: Pinnacle Engineers, Inc. Location of Property or Project: David Zaremba, P/Z (No VAR, vac, FP) David Moe, P/Z (No VAR, VAC, FP) Wendy Newton-Huckabay, P/Z (No VAR; vac) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Btlrup, P/Z (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR, vac, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department • A, ~. N~~ ~~' t1 ~ *~1'~ ~F ~~ CITY OF ~~~~~~"~--< ~ erl~lcn~-~ ll _ IDAHO Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FP/PP only) Meridian Development Corporation Your Concise Remarks: SINCE 7903 Historical Preservation Commission 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 • • TO: Anna Powell Director of Planning and Zoning, Meridian b60 E Watertower, Suite 200 Meridian, Id 83642 DATE: April 13, 2004 RE: Zoning Ordinance Amendment for Antennas Dear Anna, On behalf of our client, I am requesting an amendment to the zoning ordinance amendment to allow small antennas to be mounted on existing and new light and power poles within residential, office, commercial and industrial subdivisions. Several months ago we visited with the City Council at apre-council hearing to determine if what we are now asking for would be appropriate within the City limits, and while no decision was made at that time, the reaction from Council appeared favorable at that time. At the hearing we presented scale size models of two antennas that would be used by ow client for wireless Internet connections and they both would be allowed with the requested modifications. I have attached the requested modifications to the City Code. IF you have any questions please feel free to contact me any time at 887-7760 or via a-mail at davem ~pinnacle- engmeers.com. Sincerely, Dave McKinnon Land Use Planner cc: File # C036390 • • CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE August 17, 2004 ITEM # 9 PROJECT NUMBER ZOA 04-001 PROJECT NAME Zoning Ordinance Amendment ~ NAME (PLEASE PRINT) ~ FOR ~AGAINST~NEUTRAL ~ nub is u-T moo: cod r l~~nda:ar ~n~ineer~~ inu. ~CUtfi as i- ~ iai P. ~ • • Exzgineex-s , Inc . T0: Anna Canning, Brad Wasson and Cily of Meridian Mayor and City Council 660 Watertowe;r. Ste 200 Meridian,lD 83642 llA"1 E: Aubust 6, 2004 RF.: Wireless Gommunieation Urdinance Revisions llcar City Otltcials: E11tzr the City Council meeting held Iasi nnonth to discuss the proposed revisions to the Wireless Communieatiotl Ordinance, we decided to re-visit several of the issues discussed at the meGtint,* with Anna to sec il' we could resolve the Council's conccros prior to the next meeting. ,lifter having a productive meeting with Anna, we received a letter Isom the Public Works Department concerning several ldditional issues related to the proposed code revisions. 1n response to this new list oi' conc~:rns, we contacted the Public Wor)cs 17ep~trtmcnt and met with Bruce Nrccklcton to review their cocncerns as well. 'Ihc li~ilowing paragraphs will outline the chanbcs made to the proposal alrter mcctin(; with the City staff. At our meeting with Anna, we discussed visual irnpacl of the prc~pased antennae and decided That we could reduce the size of the antennae to 4 square feet in sire and the parabolic dishes (•`satellitc dishes") could be caiminated as an option for pluccn„eni on streetlights. !n addition to reducing the size oI' the: antcrunac, Anna suggested, and we agreed, languagr that would require approval of all property owners withizt a 100' radius of the streetlight (measured from centerline of road located directly in .front o.C the light) prior to approval for placement on existing streetlights. Developers ol'new subdivisions may request the inclusion of streetlights with the antennae as a part o1' the development approval process: In addition to the above rncnlioned limitations, we d4cidcd that the ~ntcntktc would have to be spaced (measured horizontally) at least: 500' apart, and painted io match the color ofthe sinelligl,it. Brad Watson's 7/29/04 memo to Anna and me listed additional concerns that the Public Works department wanted resolved prior to approval of the revision. A copy o(' this :memo is attached for your review. 'fhe .first concern listed on the memo was in relationship to the additional electrical costs associated with 'the antetutac being attached to the strcetli~;hts, and we would be willing to pay tl•~c additional cost of the electricity and the power costs to run the streetlight as well. 1 hAVC placed a e<<ll to Will Berg to X2553 W. I'.Xf•.ca:'I IVI: CIRIVI~„ Sl!I"I U. is • L~OIS1=., T17A11O ~+3,1.t • (znH~ Sti7 %7GU • fnX (:?c~ti) sti7.77rsi AI If; 1 7 ' Ad GiQ: ~Q ^xao eon nnn, nnr-r ~n ~~~$ +~ ~+~ val. GVO rinl~0a~ic G~i~111CCf'S~ 1flC IGVO/C0!-(ICl • • P•~ determine the cost of runninb a streetlight, and the cost can be worked out in the lease abrrccmcnt. The second concern listed iu the memo w,~ possible problems associated with new light poles [ocated within existing neighborhoods, and we agreed to clinuuatc these concerns by dropping the idea v# new streetlights in existing ttcishborhoods. We would like; io have the ability to replace old wood poles with metal poles, with the City's prior approval. "Phis will alsn eliminate the coneen~s about new "shoebox" streetlights in neighborhoods with hlstpriCal or ornamental streetli~,hts. Arrtennac for these neighborhoods can be placed on buildulss, or possibly on towers constructed fox wireless service only. '1'hc third cotlcem was in regard to a fee scltedule to cover costs assaciatcct with application, review and inspection of the antennae. We had originally envisioned the application for approval ~ls a. CLC, (as noted in the proposed ordinance revisions), upon approval for the Planning andLoning raid Pu61ic Works Dcpartn~cnt, we would be required to obtain an electrical permit from the City of Metidi~u~.. lrlectrical permits cov(~r the cost of inspection and plan review. 13ruce J•'recklc;ton agreed to look into the tee issue further W See if they would require any additional fees. The fourth concern revolved around a surety requizetnent for the installation of a new pole, but with the clin,instion of new poles, this issue becoxnes a non issue, but we would be willing to put a surety 1~or the replacement of old poles i('nccessary. 7'hc-re ar•e #ive additional issues/concerns listed i.n the memo, starting with standards and a basis for review, l3rucc aslccd that i list the standazds that would be used i'or review of an application a»d they are as follows (all arc found within the revised ordinance): 1. Antennae painted to match the street Ii~11t. 2. Sic ofantennae is less than 4 square feet. 3. 11ntc~lmae arc; not located within 500 feet of other lilcc ante'nnac. 4. Height of c-ntcnnac is lower than maximum height for zoning district. 5. lLdjaccnt neighbors sign off for approval of the antennae (when applicable). C. Antennae will not he iocatcd on strcetlit;hts in neighborhoods wYth ornamental/historical titreetlil;hts. Tlie second adclitiona] issue listed concerns with historical liGltting, And as noted above, we would not be locatiltg; in these neighborhoods, and will look into providing antennae in alternative locations in Qtese areas (i.c. on top ol'clubhouscs, co-locating or a new pole in a common area for use by this product}, The third additional issue related to a lease or franchise agrecnlcnt and we arc fine with either option, however Will l3erg does nofi like the franchise fee idea. AUG 12 '04 0939 208 887 7781 Par,F ~z nub ac u~ uo: coo r i~~nauir criginrrr~, inc. ~cua~ as r- i tai ~o. ~F • The fourth concern is about radio frequency interference, and we have talked with Lcn Crrady concenzing this issue, and we will agree to limit our frequency to a range that will nc~t interfere with the City's SCADA and water meter ~quipm~nt. The Linal concern relates to the termination of use. We as well as the public works department, i~elievc that some "just cause" lanbuagc will need to be added to the termination clause. VVe can't agree to a contrict that allows the City to terminate the agreement v~7th thirty days notice without cause. As always, I have appreciated working with tl~e City Staffi on this project, they have been very helpful and supportive of the proposed laving t~rdinance Amendment. I believe that the changes mflde to the ordinance after we Iast presented it to the Council, have reduced the visual impact of the antennae, while. in,provin5 the public involvement u~ thy: project tend will help in allowing this wireless service to be offered to file residents of Mcriclian. if you have any questions or comments for me prior to the City Council Mccting 1'lcasc feel free to contact me 3t 887-7760 or via e-mail at davem~ucrinnacle_ci~gin~crs,CQl11. S incerely(~, T~ave McKinnon T.and Use Planner AUG 12 '04 09 40 208 887 7781 PAGE.04 "`"5 +~ ~+~ u~: coa r +~n~oa.ac ~n~anccr~~~ +r~u. ~euv~aa~-rive Revisions to the .Meridian WCh Ordinance (MCC I 1-22) Revise the definition ol~ "Antonna" as Ibllows (MCC I 1-22-03): Antenna- A transmittjn~or reccivin~ dwice used in telecommunications that r;idiates or captures radio or Mher sitnals. Antennas include. but are not limited to the_followin~ tunes: t~tnni-Directional ("whip"1 Antenna- Receives and transmits signals in a 360 dcrrcc pattern of var ry in r I~ en~ths and t5!pic111Y_lcst than 4 inches in diameter. f)irecl.ional ("oancl~ Antem~a-Receives and transmits a signal in a directional pattern typjcally cnconmassin~? an arc of 120 de recs. Par:~bolc Ldish") ~Anlcrnia- A howl shammed device that receives and transmits sienal~ in_~t sncci(ic directional ,plttern, Ancillary Antc;nna- An antenna that is less than 12 inches in iLe I;~r~est dimension anJ that is not directly used_to provide personal wireless communication sr;rvices (i.e. cel~~honc service). An cxamnle would h~ a C;P,,S antenna. Rcvisc MCC I 1-22-413 as follows: li. Camoullaficd Towc;rand Antennsi Iteview:Stcalth, hidden or otherwise camoufla end cell towers and new antennas that are Ices than_4 square meet in area and can he mounted onto cxistink c~rn~w,~c~les, existing ctrcetlightsLbuildi t2wers etc., shall he reviewed by_thc Planning and 7.nning Director and the Puhlie Works Director, or their desirncet t}~ determine: i f ~.t conditicm;xl use permit or a Certificate of 7Anine; Compliance (C/,C) proeccs shall be roguired. Stealth or otherwise hidden towers and new antennas shall not exceed_hci~ht limitation oi' the lone in which it is located. The C%C Process shall be allowed I _nntcnnac maybe processed as a CL_L it'll meets one of"thy li~llowin~ requirements: AUG 12 '04 09 40 a. Antennae arc proposed as apart of the subclivicign mccss rclimi _ary_or i~inal plat), with written consent ~f the ai~nl icant/dcvclo,Rcc b. The apt~lieunt has provided written lion all property owners within a 100'_ radius of the cxistin~orproposed~olc, as measured li-om centerline of the road directly in front of the light. N•~ ~~g ~~~ ~~R ~ PAr;F c~S nus ac uT uo:coo r innda;iC cn~inrrr~, anv. ~cua~aai-~~ai • 2, Antennae att<tchcd to strcctli~hts shall be allowed only after a license <<~rccment with the owner and other reeponciblepatties as applicable have been executed. 3. nntcnnae on slrecilirhtx shall he separated by SUU' (measured hc~rircmially) 4. t1,,ntenn~~ attached to strcctli his ,ha11 be aimed tc~ m~ilch lh~ struetli his. 1Zevisc MCC 11-22-Sn2 as Follows: 2. Stealth towers or otherwise hidden communications facilities and antennas that arc Icss than 4 square feet in area, in the R-4, R-8, R- I ~, R-4U, C-N and O-T Zones may be pemiittc;d through the Certificate of %onin~ Compliance process. P.a AUG 12 '04 09 40 208 887 7781 PAGE.06 CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE ~~ ~3 ~~ ~ ITEM # C~ l~ PROJECT NUMBER Z© /~- ~¢'DO PROJECT NAME Z~hiN-~j ~rd''h~w ~~''''-~'~"`~'"''~ NAME {PLEASE PRINT) FOR AGAINST NEUTRAL S v ~ .'~ _~_;.. "¢~f • CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE June 3, 2004 ITEM # PROJECT NUMBER C~ 4 ZOA 04-001 PROJECT NAME Antennas ~ NAME (PLEASE PRINT) ~ FOR ~ AGAINST~NEUTRAL ~ :.~~l;~~ ~~''`"~''° Ada County Highway District John S. Franden, President ~~~~ rv. r~ua~iio ~~~~~~ Dave E. Wynkoop 1st Vice President Garden City ID 83714-6499 Susan S. Eastlake, 2nd Vice President Phone (208) 387-6100 Sherry R. Huber, Commissioner FAX (208) 387-6391 Dave Bivens, Commissioner E-mail: tellus@ACHD.ada.id.us May 28, 2004 RECEIVED TO: Pinnacle Engineers 12552 W. Executive Drive, Suite B JUN 1 5 2004 Boise, Idaho 83713 City of Meridian SUBJECT: MZOA04-001 City Clerk Office Zoning Ordainace Amendment to allow small antennas... No specific address In response to your request for comment, the Ada County Highway District (ACRD) 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: - This applicant is requesting a zoning ordinance amendment to the City of Meridian to allow small antennas to be mounted on existing and new light and power poles within residential, office, commercial and industrial subdivisions. - The Ada County Highway District does not jurisdiction for amending of the cities Zoning Ordinances. If the site plan or use should change in the future, ACRD will review the site plan and may require improvements to the transportation system at that time. A traffic impact fee may be assessed by ACRD and will be due prior to the issuance of a building permit. Contact ACRD Planning 8~ Development Services at 387-6170 for information regarding impact fees. 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 from ACRD. If you have any questions, please feel free to contact me at (208) 387-6171. Sincerely, J c ~ev~ton Development Analyst Right-of-Way and Development Services Cc: Project File, Construction Services, Drainage, Utilities Lead agency City of Meridian MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree • ,., '>'% CITY OF ~I~~ ~~ ~~ EYIG~IG~"17 ~ `~, w IDAHO ~~ tiF cF ~ER ~~ TREASURE V ~Y LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird ~ jgpj PLANNING & ZONING (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: May 27, 2004 Transmittal Date: May 13, 2004 Hearing Date: June 3, 2004 File No.: ZOA 04-001 Request: Zoning Ordinance Amendment to allow small antennas to be mounted on existing and new light and power poles within residential, office, commercial and industrial subdivisions. By: Pinnacle Engineers, Inc. Location of Property or Project: David Zaremba, P/Z (No VAR, vac, FP) David Moe, P/Z (No VAR, VAC, FP) Wendy Newton-Huckabay, P/Z (No vAR, vac) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Sha n Wardle, C/C ater Department Sewer Department Sanitary Service (No VAR, vac, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Meridian School District (No FP) Meridian Post Office (FP/PP onty) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) Qwest (FP/PP onty) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FP/PP onty) Meridian Development Cor oration Historical Preservation,tmission Your Concise Remarks: Parks Departmerl~,.„ ~ , ',~'~ i...d .4.&' Y .~ oY%.. ~ 0" R~CFTVED MAY 1 8 2004 Cilir~ (~f n1E;r1(~lil3i City Clerk Office 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 Jun 02 04 02:20p Pinnacle Engineers, Inc. 208-887-7781 P4~~ f~~ ~/~~ p.2 ~~ ~~~ Engineers, Inc. T0: Meridian Planning and Zoning Commission 660 E Watertower, Suite 200 Meridian, Idaho 83642 DATE: June 2, 2004 RE: Antenna Ordinance Amendment Dear Commissioners, ~ U ~ 0 2 204 "ii;j~ Of Meridian ~:'~i y Clerk Office I have had the opportunity to review the staff report concerning the request to amend the Zoning Ordinance and I offer the following as a response to the staff report (a "no comment" response indicates agreement): f nMMT,NTti_ 1. Maximum Size: No comment. I will provide actual models of the antennas for your viewing at the public hearing. 2. Existing or New Pules: Staff "questions" whether new poles should be erected, but does not provide a reason .as to why new light poles (with both lights and antennas on there} would be objectionable to the City. The new pole would look like and function like other streetlights within the neighborhood where they maybe needed to provide full coverage. Please allow the possibility for new pole to remain as a part of this request. 3. P&Z Discretion: No comment. A CZC should be required, however if a wireless communication company disagrees with the Director's determination they should be allowed to appeal to the Council. 4. Allowed Zones: No cotntnent. W}ten we first discussed this issue with the City Council at apre-council meeting they were surprised by the diminutive size of the antennas. The antennas for the particular wireless service company that has requested this change will include roof-mounted dishes similar in size to the small satellite dishes used for televisions, and a cylindrical directional antenna that is approximately 14 inches tall by 9 inches in diameter. 12552 W. EXECUTIVE DRIVE, SUITE B • BO1SE, IUAHU 83713 • (zo8) 887-7760 • FAX (ZU8) 887-7781 JUN 02 '04 14 37 208 887 7781 PAGE.02 ~~'.~,w`~ ~I RFCEIVE1i Jun 02 04 02:21p Pinnacle Engineers, Inc. 208-887-7781 p.3 • • We look forward to meeting with you tomonow night to discuss this application. If you have any questions please feel free to call me at 887-7760 or via a-mail at davem a innacle-en ineers.com. Sincerel ` ~~~~~ Dave McKinnon Land Use Planner cc File # 0036390 JUN 02 '04 14 38 208 887 7781 ParF_a~ Jun 02 04 02:20p Pinnacle Engineers, Inc. 208-887-7781 p.l • ~~ir~r, ir~c, FAX TRANSMITTAL DATE: 2-Jun-04 JOB NO.: C036390 FROM: Dave McKinnon TO: Steve Sidoway, Tcra Green FIRM: City of Meridian ADDRESS: FAX NUMBER SENT TO: 888-4218 NUMBER OF PAGES (INCLUDING COVER SHEET): 3 RE: 12552 W. EXECUTIVE DR. SUITE B, BOISE, IDAHO 83713 Cl V 1L/STRUCTURAL/YLANNING/SURVEYING PH (208) 887-7760 (208) 887-7781 FAX JUN 02 '04 14 37 208 887 7781 PAGE. 01