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HomeMy WebLinkAboutFindings• August 13, 2004 MERIDIAN CITY COUNCIL MEETING August 17, 2004 ZOA 04-001 APPLICANT Pinnacle Engineers, Inc. ITEM NO. ~ ^ REQUEST Continued Public Hearing from 7/13/04 - Request for ZOA to allow small antennas to be mounted on existing and new light and power poles within residential, office, commercial, and industrial subdivisions AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION; IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Memo from Pinnacle Inc. COMMENTS See previous Hem Packet I M f ~ Ll~ Contacted: ~bQi/ ~~ ~ _ Date: ~ l(~ Phone: Emailed: ae.y.~M ~ ~r nn a alb ^2f'tq~~~•Cq~taff Initials• Materials presented at pubUc meetings shall become property of the City of Meridian. • • ~ 0. •" ~r ~'.a ~_ ~~ 2004 ~~.n~r or ~ _ "- ~'11;~~,~ ~.~'~ J..Y1.G3;7(~lli:%.Ii eY1lr~1G'YI STAFF SUMMARY ~~i:,~~ ~;lerk C)i~i~~ IDAHC7 '_~, OF ~~,, "` ~.T,L.~,°,.;v "`' :~ PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL Project Name: Antenna Ordinance Amendment Case No: ZOA-04-001 Applicant: Pinnacle Engineers, Inc. P&Z Commission Hearing Date: June 3, 2004 Recommendation: Approval with conditions (All ayes) Summary of Public Hearing: The applicant's representative, David McKinnon, testified in favor of the application. There was no opposition to the application. Key Commission Discussion: • The Commission's discussion focused on four areas: o The number of antennas likely to appear under this ordinance (proliferation) and opportunities for co-location. o The need for a license agreement with the City to place antennas on street lights. o Whether antennas should be allowed only on existing street lights or whether new ones should be allowed to be erected in a neighborhood for the sole purpose of holding an antenna. o Review process to include both P&Z and Public Works. Outstanding Issues for City Council: • None u BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST ) Case No. ZOA-04-001 FOR AMENDMENT TO ORDINANCE ) TITLE 11, CHAPTER 22, WIRELESS ) COMMUNICATION TOWER. ) Pinnacle A Applicant is David McKinnon, of Pinnacle Engineers, Inc., Idaho. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested amendment to the Meridian City Code as as follows: Replace the definition of `Antenna" as follows (MCC 11-22-03): Antenna- A transmitting or receiving device used in telecommunications that radiates or captures radio or other signals. Antennas include, but are not limited to the followin tg~ypes: Omni-Directional ("whip") Antenna- Receives and transmits signals in a 360 degree pattern of varying len hs and typically less than 4 inches in diameter. Directional ("panel") Antenna- Receives and transmits a signal in a directional pattern typically encompassing an arc of 120 de rg, ees. Parabolic ("dish") Antenna- A bowl shaped device that receives and transmits signals in a specific directional pattern. Ancillary Antenna- An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communication services (i.e. cell phone service). An example would be a GPS antenna. Revise MCC 11-22-4B as follows: B. Camouflaged Tower and Antenna Review: Stealth, hidden or otherwise camouflaged cell towers and new antennas that are less than 5 square feet in area and can be mounted onto existing_poles, buildings, towers etc., or street li is shall be reviewed by the Planning and Zoning Director and the Public Works Director, or their designees, to determine if a RECOMMENDATION TO CITY COUNCIL -1 Zoning Ordinance Amendment for Wireless Communication Antennas, by Pinnacle Engineers (ZOA-04-001) conditional use permit or Certificate of Zoning Compliance (CZC) process shall be required. Stealth or otherwise hidden towers and new antennas shall not exceed the height limitation of the zone in which it is located. Antennas attached to new or existing street lights shall be allowed only after a license agreement with the owner and other responsible parties, as applicable, has been executed. Revise MCC 11-22-SA2 as follows: 2. Stealth towers or otherwise hidden communications facilities and new antennas that are less than 5 square feet in area, in the R-2, R-3, R-4, R-8, R-15, R-40, C-N and O-T Zones maybe permitted through the Certificate of Zoning Compliance process. RECOMMENDATION TO CITY COUNCIL - 2 Zoning Ordinance Amendment for Wireless Communication Antennas, by Pinnacle Engineers (ZOA-04-001) • MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. Rountree ..~ r _. r. c:trY o~ ~~ __ eri~l~n ti IF1AH0 Q~a ~, G 3a`~ y1i~ ~~ MEMORANDUM: To: Planning & Zoning Commission, Mayor & City Council From: Steve Siddoway, Principal Planner ~ew~-~-' Re: ANTENNA ORDINANCE AMENDMENT Zoning Ordinance Amendment to allow Small Antenna New Light and Power Poles by Pinnacle Engineers, Inc. We have reviewed this submittal and offer the following comments: Ma 28, 2004_ t~,i i Y ~r fi~~RIDIA~ IT°`~' t;[_ FMK ~F~~~'I s to be Mounted on Existing & APPLICATION SUNIMARY 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. COMMENTS 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 antenna ordinance.ZA Mayor and Council May 28, 2004 Page 2 process, the director should still have the express discretion to determine whether a proposed stealth tower is sufficiently hidden and non-impactful to the public to be a CZC review. 4. Allowed Zones: Currently no stealth towers or antennas are allowed in any single-family residential zone. The proposed amendment would make them allowed in R-3, R-4, and R-8 zones. The R-2 zone is not listed in the proposed amendment, but staff would not object to adding it to the list of allowed zones. Also, as a point of clarification, for anyone wondering why L-O, C-C, C-G, and I-L zones are not listed in the amendment, stealth facilities are already allowed in those zones per 11-22-S.B. PROPOSED ORDINANCE MODIFICATION Replace the definition of "Antenna " as follows (MCC 11-22-03): Antenna- A transmitting or receiving device used in telecommunications that radiates or captures radio or other signals. Antennas include, but are not limited to the following types: Omni-Directional ("whip") Antenna- Receives and transmits signals in a 360 degree pattern of varying len hs and typically less than 4 inches in diameter. Directional ("panel") Antenna- Receives and transmits a signal in a directional pattern typicaly encompassing an arc of 120 degrees. Parabolic ("dish") Antenna- A bowl shaped device that receives and transmits si agn a specific directional pattern. Ancillary Antenna- An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communication services (i.e. cell phone service). An example would be a GPS antenna. Revise MCC I1-22-4B as follows: B. Camouflaged Tower and Antenna Review: Stealth, hidden or otherwise camouflaged cell towers and new antennas that are less than 5 square feet in area and can be mounted onto existing_poles, buildings, towers etc., shall be reviewed by the Planning and Zoning Director to determine if a conditional use permit or Certificate of Zoning Compliance (CZC) process shall be required. Stealth or otherwise hidden towers and new antennas shall not exceed height limitation of the zone in which it is located. Revise MCC 11-22-SA2 as follows: 2. Stealth towers or otherwise hidden communications facilities and new antennas that are less than 5 square feet in area, in the R-2, R-3, R-4, R-8, R-15, R-40, C-N and O-T Zones maybe permitted through the Certificate of Zoning Compliance process. antenna ordinance.ZA Mayor and Council May 28, 2004 Page 3 • RECONIMENDATION Staff approves of the proposed Zoning Ordinance Amendment and recommends approval with the comments and modifications noted in this report. antenna ordinance.ZA ZOA 04-001 MERIDIAN PLANNING 8~ ZONING MEETING June 3, 2004 APPLICANT Pinnacle Engineers, Inc. ITEM NO. 4 REQUEST Request for 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 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: ,r~ ~~ CITY PLANNING DIRECTOR: ~QCU"mY~-~ "' ~1~'~~' " `" `'' CITY ATTORNEY \, ~` CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: ~ Date: ~ Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • July 9, 2004 ZOA 04-001 MERIDIAN CITY COUNCIL MEETING July 13, 2004 APPLICANT Pinnacle Engineers, Inc. ITEM NO. ~ 5 REQUEST Public Hearing - Request for 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 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached P&Z Item Packet /Minutes See attached Recommendations ~,ee Cp~y~r,rlerZ}S ~~ Q ~~ / ~j U/ _ it " 1 V" ~~ ~ (n~ ~n Date: y Phone: •~--- Staff Initials: r}~,%~ Materials presented at public meetings shall become property of the Cify of Meridian.