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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF QC,~OBF~t ~ 2008 _ STAFF REPORT Hearing Date: October 2, 2008 TO: Planning & Zoning Coziunission FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Meridian High School PA Systems + CUP-08-024 y •, ~. P ...,! W~,. ;, ~. , p ~ A. P T". Conditional Use Permit for two outdoor speaker systems for the Meridian High School ball f elds, in an R-4 zoning district, within 100-feet of a residential district 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Joint School District No. 2, is requesting Conditional Use Permit (CUl') approval for two outdoor speaker systems for the ball fields at Meridian High School, as required by UDC 11-3A- 13. The property is located at 1900 W. Pine Avenue, on the north side of W. Fine Avenue, approximately % mile west of N. Linder Road. The site is currently zoned R-4 and consists of 48.7 acres. Unified Development Code (CTDC) 11-3A-13 requires CUP approval for speaker systems that are located within a residential district and speakers that are located within 100 feet of a residential district. The proposed speaker systems are located within a residential district. Additionally, one of the speakers is 65 feet from a residential district and another is 9S feet from a residential district. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-08-024 for outdoor speaker systems for the Meridian High School ball fields, as presented in the Staff Report for the hearing date of October 2, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Nuxnber CUP-08- 024, as presented in the staff report for the hearing date of October 2, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate fmdings document to be considered at the next Planning and Zoning Commission hearing on October 16, 2008. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-08- 024, as presented during the hearing on October 2, 200$, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Comrxussion hearing on October 16, 2008. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 08-024 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Meridian High School PA Systems CUP-08-024 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located at 1900 W. Pine Avenue, on the north side of W. Pine Avenue, approximately mile west of N. Linder Road. Northeast % of Section 11, Township 3 North, Range 1 West b. Owner: Joint School District No. 2 1303 E. Central Drive Meridian, ID 83642 c. Applicant/Contact: Same as owner d. Present Zoning District: R-4 (Medium Low-Density Residential) e. Present Comprehensive Plan Designation: High Density Residential f. Description of Applicant's Request: The Applicant is requesting CUP approval for two outdoor speaker systems for the ball fields at Meridian High School, as required by UDC 11-3A-13. g. Description of Applicant's Justification for CUP Approval: Per the applicant's narrative, "The operation of the system will only be used during baseball games. Baseball season is from March to May, thus the system will be used four to five times a week, Monday through Saturday. The hours of operation will be 3:00 pm to 10 pm in the case of overtime. During the summer season there will be sporadic games during the weekends used by Youth Leagues and other community baseball groups. If other affiliations use these fields they must abide by the same hours of operation as the school does. The ball fields have been located with the optimum position for the home plat and pitcher. With the designated area for the ball fields located as far away from the adjacent property line as fitting, on of the speakers is 65-feet from the property line and another is 95-feet from the property line. The other two are over 100 feet. We plan on working with the neighbor as far as determining the decibel level that would be acceptable for all parties. The sound system does have a master volume control that can be adjusted and set at a maximum level." See applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: September 15, and 29, 2008 c. Radius notices mailed to properties within 600 feet on: September 5, 2008 d. Applicant posted notice on site by: September 7, 2008 6. LAND USE a. Existing Land Use(s): Meridian High School ball fields b. Description of Character of Surrounding Area: The general area surrounding the ball fields Meridian High School PA Systems CUP-08-024 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 consists of school property. To the north and west are residential properties. c. Adjacent Land Use and Zoning 1. North: Single-family residential properties in The Vineyard Subdivision, zoned R-4 2. East: Meridian High School property, zoned R-4 3. South: Meridian High School property, zoned C-G and asingle-family residence (Gene property), zoned RUT in Ada County 4. West: Asingle-family residence (Gene property), zoned RUT in Ada County d. History of Previous Actions Pertaining to this Site: + Meridian High School annexed 9.71 acres with an R-4 zoning designation in 2006 that contain the subject ball fields (AZ-OS-059, Ordinance #06-1222). A conditional use permit (CUP-OS-053) was approved with the AZ for ball field lighting adjoining a residential district. A variance (VAR-06-003) was also approved for exposed light bulbs in the light fixtures on the ball fields. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: No new services will need to be installed. Location of water: No new services will need to be installed. Issues or concerns: None 2. Vegetation: NA 3. Floodplain: NA 4. Canals/Ditches Irrigation: The Rutledge Lateral runs along the south and west boundaries of this property. 5. Hazards: No hazards are known to exist on the site. 6. Existing Zoning: R-4 7. Property Size: 48.7 acres (includes the whole school property) £ Conditional Use Information: 1. Non-residential square footage: NA 2. Hours of Operation: During baseball season (from March to May), the PA system will be used four to five times a week, Monday through Saturday. The hours of operation will be 3:00 pm to 10 pm in the case of overtime. During the summer season there will be sporadic games during the weekends used by Youth Leagues and other community baseball groups. If other affiliations use these fields they must abide by the same hours of operation as the school does. g. Off-Street Parking: NA 1. Parking spaces required: 0 2. Parking spaces provided: 0 3. Compact spaces proposed: 0 Additional parking is not required with the proposed use. Ofd=street parking already exists on the school site. Meridian High School PA Systems CUP-08-024 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF QCTOBER 2, 2008 h. Landscaping: 1. Width of street buffer(s): NA 2. Width of buffer(s) between land uses: NA 3. Other landscaping standards: NA i. Required dimensional standards for the R-4 district: NA j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the ball fields is provided through the school property via N. Linder Road and W. Pine Avenue. No new access points are proposed or approved with this application. 7. COMMENTS MEETING On September 12, 200$, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "High Density Residential." In Chapter VIT of the Comprehensive Plan, High Density Residential areas, "allow for the development of multi-family homes in areas where urban services are provided. Residential densities may exceed eight dwelling units per acre. This residential development might include duplexes, apartment buildings, townhouses, and other multi-unit structures. Other uses within a development may be considered under a planned development permit process. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses." The proposed baseball fields are an accessory use to the existing education facility. Upon redevelopment of the property, the future land use map designates the site for high density residential uses. Staff fmds the following Comprehensive Plan policies to be applicable to this property axed apply to the proposed use (staff analysis below policy in italics): • "Support multi-use facilities between schools and the community." (Chapter VI, Goal T, Objective A, Action item 3) Staff believes that the school ball fields contribute to the multi-use facilities available within the City. "Develop indoor/outdoor multiple use facilities (i.e., recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural, and sports purposes and uses." (Chapter VI, Goal III, Objective A, Action item 13) The ball fields for the school will also serve the community as additional fields available for use by other baseball/softball groups. "Ensure compatibility of schools with neighborhoods and adjacent land uses (both commercial and residential)." (Chapter VI, Goal I, Objective B) Meridian High School PA Systems CUF-OS-024 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 Staff believes that if certain preventative measures are taken, the proposed ball field speaker system could be compatible with neighboring residential uses if the school is conscious and respectful of the neighboring residential properties. (see Section 10, Analysis below). Staff believes that theproposed use is consistent with the Comprehensive Plan and will be compatible with the existing adjacent residential uses if the applicant complies with the conditions of approval included in Exhibit B. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. Unified Development Code (UDC)/Meridian City Code (MCC) UDC 11-3A-13: The high school is an existing approved use on the subject property. The proposed PA system for the ball fields is allowed an accessory use to the existing school use. However, a CLIP is required if the speaker system is located within a residential district and if the speakers are located within 100 feet of a residential district. MCC 4-2-4: Noises; Public Address Systems: A. Radios, televisions, loudspeakers: It shall be unlawful for any person to operate a radio, television set, loudspeaker or other noisome device in such a manner that it disturbs the peace and quiet of nearby residents. B. Public Address Systems; Permit: The use of public address systems, whether stationary or mobile, are prohibited without first obtaining a permit from the City Clerk therefore. In the case of the use of a stationary public address system, a permit shall be issued only after an application for such permit has been signed by 75% of occupants of residences, as determined by the records of the municipal utilities billing services records, within a radius of 500 feet of the proposed location of such public address system,. (1955 Code §8-905; amd. 1999 Code). MCC 6-3-6: Noises Creating Public Disturbance: Prohibited Acts: It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. B. Exceptions: 2. Sounds caused by activities upon any outdoor municipal, school, religious, or publicly owned property, park, or facility, provided that such activities have been authorized by the owner of such property or facility or its agent from prohibited acts referenced in this section of City code. 7. Sounds caused by devices or machinery that is part of the use within the confines of the particular zoning designation that the device is located or pursuant to a conditional use permit (i.e., drive-thru window speakers, car lot PA systems). C. Public Disturbance Noise Time Period: Public disturbance noises shall not be permitted within the City between the hours of 11 pm and 6 am or at any time so as to unreasonably disturb or interfere with the peace, comfort, or enjoyment of others. Note: Staff consulted Bild Nary, City Attorney, to determine what sections of MCC related to noise and public address systems apply to the requested use. Mr. Nary stated, in his opinion, activities that occur on school grounds such as the proposed PA system are exempt from noise ordinance restrictions/requirements, unless a CUP is required In that case, the applicant is subject to the conditions of approval of the CUP. Meridian High School PA Systems CUP-08-024 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REFORT FOR THE HEARING DATE OF OCTOBER 2, 2008 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP request as proposed, with the fallowing comments: CUP: The applicant is requesting CUP approval for twp outdoor speaker systems in a residential district and for two of the speakers to be located within 100 feet of a residential district, as required by UDC 11-3A-13.One of the speakers is located 65 feet from the property line and the other is located 95 feet from the property line of a residential district (the two other speakers are located over 100 feet from the residential property line and do not require CUP approval). There is only one residential property, the Geile property, located at 2150 W. Pine Avenue, directly adjacent to ball fields on the west. There are also residential properties in The Vineyards Subdivision along the north boundary of the school property but they are outside of the 100 feet distance that requires CUP approval. The applicant states in their narrative that they plan on working with the neighbor to determine the decibel level that would be acceptable for all parties. The sound system does have a master volume control that can be adjusted and set at a maximum level. The speakers have a focal range or pattern that is oriented toward the bleachers which helps the sound be directed only toward the receivers. The location of these speakers is adjacent to bleachers and light poles and is not aimed directly toward the adjacent residence. Staff visited the site and found the speakers, which have already been installed oza the light poles as shown in Exhibit A.3, to be pointed toward the bleachers as stated by the applicant. However, the adjacent residential home to the west is also in line with the orientation of the speakers, as the home is directly adjacent to the bleachers (see aerial map in Exhibit A.4). Staff contacted Alan Donnell, an audio consultant at A Atronics, who installed the sound system to obtain information about the system and discuss other viable options for placement of the speakers that would lessen the degree of impact on the adjacent neighbor. Staff suggested relocating the speakers to the rear or side of the bleachers facing away from the Geile property. Shielding the speakers on the side facing the adjacent residence may also be an option to decrease the sound to the rear ar side of the speakers that don't face the bleachers. Another option would be to place the speakers in front of the bleachers on the back side of the backstop. Both of these options would still allow the speakers to be oriented toward the bleachers but would enable the speaker volume to be turned down as the speakers would be closer to the audience. Mr. Donnell agreed either of the options would decrease the impact on the adjacent neighbors. Staff believes relocating the speakers, which would allow for a lower level of sound, would make the proposed use more compatible with the existing adjacent residential properties, especially the Geile property, as they are the nearest to the fields. Therefore, Staff is recommending as a condition of approval that the applicant work with A Atronics to determine new locations for a114 of the speakers that would impact the neighbors less than the current locations, as discussed above. Further, Staff recommends the applicant work with the Geile's to determine an acceptable level of sound for the adjustment of the volume on the speakers to serve the purpose as well as not create an excessive disturbance. City Code: Meridian City Code (MCC) exempts sounds caused by any outdoor school owned facility provided that such activities have been authorized by the owner of such property and are not prohibited acts, as referenced in MCC 6-3-6. Site Plan: Staff has reviewed the site plan (prepared by Hummel Architects, dated 2/27/06, labeled as Sheet A1.01), included as Exhibit A.2, and submitted with this application. The site plan depicts the locations of the speakers in relation to the property boundary shared with the adjacent residentially zoned property. The following items should to be shown on a revised site Meridian High School PA Systems CUP-OS-024 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATI/ OF OCTOBER 2, 2008 plan submitted with the Certificate of Zoning Compliance application: • The 4 existing speakers (2 on each ball field) should be relocated either to the rear or side of the bleachers facing away from the Geile property, or in front of the bleachers on the back side of the backstop to enable the volume level to be decreased. Hours of Operation: The applicant states in their narrative, "During baseball season (from March to May), the PA system will be used four to five times a week, Monday through Saturday. The hours of operation will be 3:00 pm to 10 prn in the case of overtime. During the summer season there will be sporadic games during the weekends used by Youth Leagues and other community baseball groups. If other affiliations use these fields they must abide by the same hours of operation as the school does." Staff has no objections to the proposed hours of operation. Staff is requesting the hours of operation be limited to between the hours of 8 am and YO pm. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted prior to using the proposed speaker system. The site plan submitted with the CZC shall be revised to comply with the conditions of approval listed in Exhibit B of this report and shall be submitted prior to establishment of the new use. All improvements must be installed prior to occupancy. Letter of Testimony: A letter of testimony was received from Paul Geile (on behalf of his parents, Tom and Barbara Geile, the adjacent neighbors to the west) on September 16, 200$. b. Staff Recommendation: Staff recommends approval of CUP-08-024 for two outdoor speaker systems in a residential district within 100 feet of a residential district, as presented in the Staff Report for the bearing date of October 2, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (prepared by Hummel Architects, dated 2/27/06, labeled as Sheet A1.01) 3. Photos of Speakers 4. Aerial Map B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from the Unified Development Code A. Drawings 1. Vicinity/Zoning Map Meridian High School PA Systems CUP-OS-024 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 ~ Site I Meridian Migh School RUT kL .._ ---. yrjl~~ ~ .._ RUT, . ~ ~ , r a i Exhibit A Page I CCTV OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 2. Site Flan (prepared by Hummel Architects, dated 2/27/06, labeled as Sheet A1.01) a rr--- ~•sme~ .r..~. ~~. Exhibit A Page 1 M1N ~ti 1 ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH'E HEARING DATE OF OCTOBER 2, 2008 3. Photos of Speakers Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 4. Aerial Map Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site plan, prepared by Hummel Architects, dated 2/27/06, labeled as Sheet A1.01, is approved, with the conditions listed herein. The Applicant shall comply with all applicable conditions of approval associated with this site. The applicant shall revise the site plan as follows: a. The 4 existing speakers (2 on each ball field) should be relocated either to the rear or side of the bleachers facing away from the Geile property to enable the volume level on the speakers to be decreased and still meet the purpose. (The applicant shall work with A Atronics and Staff to determine a suitable location and possible shielding for the speakers that meets the intent of this requirement.) 1.2 The applicant shall submit written documentation from A Atronics with the Certificate of Zoning Compliance application that defines what volume level is appropriate for the proposed use and proximity to a residence. An appropriate decibel level should be determined at the shared property boundary of the school and the adjacent Geile residence that serves the purpose for announcements but does not create excessive disturbance to the neighbors. The determined decibel level shall not be exceeded. 1.3 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply with the conditions of approval listed herein, prior to commencing the proposed use. 1.4 The hours of operation far the proposed speaker system shall be limited to the hours between 8 am and 10 pm. 1.5 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun. within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The proposed project has no fire department concerns. 4. POLICE DEPARTMENT 4.1 Meridian City Code 6-3-6 allows an exemption to schools for noises that might otherwise create a public disturbance so long as the noises are coming from a school sanctioned event, and as long as the noises are not created between the times of 11 pm and 6 am. 5. PARKS DEPARTMENT S.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT ACHD issued a "No Review" letter on this application. Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the existing site is large enough to accommodate the proposed use but does not comply with the dimensional regulations for ball field speaker systems in the R-4 zoning district within 100 feet of a residential district. Therefore, the applicant is requesting CUP approval as required by UDC 11-3A.13. Staff recommends the Commission rely on Staffs analysis and any oral. or writtezr public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the Comprehensive Plan Future Land Use Map designation far this property is High Density Residential in which the UDC supports public education institution uses. Staff finds that the proposed use is accessory to the primary education institution use and is generally harmonious with the requirements of the UDC with approval of the subject CUP (See Sections 8 and 10 above for more information regarding the requirements far this use). 3. 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 finds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, Staff believes that the proposed use will not adversely change the essential character of the area. The Commission should rely upon any public testimony provided to determine if the development will be compatible with other uses in the vicinity. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff fmds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should rely upon. any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that the site will be adequately served by the previously mentioned public facilities and services. Exhibit C Page 2 CITY OF MERIpIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING llATE OF OCTOBER 2, 2008 6. That the proposed use will not create excessive additional costs 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 use will not be detrimental to the community's economic welfare. 7. 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 geaneral welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. Staff recognizes that traffic and noise is a concern; however, Staff does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public as there are no nearby residents. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. S. 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 finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 STAFF REPORT Hearing Date: October 2, 2008 TO: PlanningSEP 2 2008 &Zoning Commission j •"� _ �-- FROM: Sonya Watters, Associate City Planner E II I �� L A N (208) 884-5533 "0F!:"lC - SUBJECT: Meridian High School PA Systems • CUP-08-024 Conditional Use Permit for two outdoor speaker systems for the Meridian High School ball fields, in an R-4 zoning district, within 100-feet of a residential district 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Joint School District No. 2, is requesting Conditional Use Permit (CUP) approval for two outdoor speaker systems for the ball fields at Meridian High School, as required by UDC 11-3A- 13. The property is located at 1900 W. Pine Avenue, on the north side of W. Pine Avenue, approximately '/ mile west of N. Linder Road. The site is currently zoned R-4 and consists of 48.7 acres. Unified Development Code (UDC) 11-3A-13 requires CUP approval for speaker systems that are located within a residential district and speakers that are located within 100 feet of a residential district. The proposed speaker systems are located within a residential district. Additionally, one of the speakers is 65 feet from a residential district and another is 95 feet from a residential district. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-08-024 for outdoor speaker systems for the Meridian High School ball fields, as presented in the Staff Report for the hearing date of October 2, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08- 024, as presented in the staff report for the hearing date of October 2, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on October 16, 2008. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-08- 024, as presented during the hearing on October 2, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on October 16, 2008. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 08-024 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Meridian High School PA Systems CUP-08-024 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 6. That the proposed use will not create excessive additional costs 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 use will not be detrimental to the community's economic welfare. 7. 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, glare, or odors. Staff recognizes that traffic and noise is a concern; however, Staff does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public as there are no nearby residents. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 8. 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 finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located at 1900 W. Pine Avenue, on the north side of W. Pine Avenue, approximately '/o mile west of N. Linder Road. Northeast '/ of Section 11, Township 3 North, Range 1 West b. Owner: Joint School District No. 2 1303 E. Central Drive Meridian, ID 83642 c. Applicant/Contact: Same as owner d. Present Zoning District: R-4 (Medium Low -Density Residential) e. Present Comprehensive Plan Designation: High Density Residential f. Description of Applicant's Request: The Applicant is requesting CUP approval for two outdoor speaker systems for the ball fields at Meridian High School, as required by UDC 11-3A-13. g. Description of Applicant's Justification for CUP Approval: Per the applicant's narrative, "The operation of the system will only be used during baseball games. Baseball season is from March to May, thus the system will be used four to five times a week, Monday through Saturday. The hours of operation will be 3:00 pm to 10 pm in the case of overtime. During the summer season there will be sporadic games during the weekends used by Youth Leagues and other community baseball groups. If other affiliations use these fields they must abide by the same hours of operation as the school does. The ball fields have been located with the optimum position for the home plat and pitcher. With the designated area for the ball fields located as far away from the adjacent property line as fitting, on of the speakers is 65-feet from the property line and another is 95-feet from the property line. The other two are over 100 feet. We plan on working with the neighbor as far as determining the decibel level that would be acceptable for all parties. The sound system does have a master volume control that can be adjusted and set at a maximum level." See applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-5A-2D, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: September 15, and 29, 2008 c. Radius notices mailed to properties within 600 feet on: September 5, 2008 d. Applicant posted notice on site by: September 7, 2008 6. LAND USE a. Existing Land Use(s): Meridian High School ball fields b. Description of Character of Surrounding Area: The general area surrounding the ball fields Meridian High School PA Systems CUP-08-024 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 consists of school property. To the north and west are residential properties. c. Adjacent Land Use and Zoning 1. North: Single-family residential properties in The Vineyard Subdivision, zoned R-4 2. East: Meridian High School property, zoned R-4 3. South: Meridian High School property, zoned C-G and a single-family residence (Geile property), zoned RUT in Ada County 4. West: A single-family residence (Geile property), zoned RUT in Ada County d. History of Previous Actions Pertaining to this Site: • Meridian High School annexed 9.71 acres with an R-4 zoning designation in 2006 that contain the subject ball fields (AZ-05-059, Ordinance #06-1222). A conditional use permit (CUP-05-053) was approved with the AZ for ball field lighting adjoining a residential district. A variance (VAR-06-003) was also approved for exposed light bulbs in the light fixtures on the ball fields. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: No new services will need to be installed. Location of water: No new services will need to be installed. Issues or concerns: None 2. Vegetation: NA 3. Floodplain: NA 4. Canals/Ditches Irrigation: The Rutledge Lateral runs along the south and west boundaries of this property. 5. Hazards: No hazards are known to exist on the site. 6. Existing Zoning: R-4 7. Property Size: 48.7 acres (includes the whole school property) f. Conditional Use Information: 1. Non-residential square footage: NA 2. Hours of Operation: During baseball season (from March to May), the PA system will be used four to five times a week, Monday through Saturday. The hours of operation will be 3:00 pm to 10 pm in the case of overtime. During the summer season there will be sporadic games during the weekends used by Youth Leagues and other community baseball groups. If other affiliations use these fields they must abide by the same hours of operation as the school does. g. Off -Street Parking: NA 1. Parking spaces required: 0 2. Parking spaces provided: 0 3. Compact spaces proposed: 0 Additional parking is not required with the proposed use. Off-street parking already exists on the school site. Meridian High School PA Systems CUP-08-024 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 h. Landscaping: 1. Width of street buffer(s): NA 2. Width of buffer(s) between land uses: NA 3. Other landscaping standards: NA i. Required dimensional standards for the RA district: NA j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the ball fields is provided through the school property via N. Linder Road and W. Pine Avenue. No new access points are proposed or approved with this application. 7. COMMENTS MEETING On September 12, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "High Density Residential." In Chapter VII of the Comprehensive Plan, High Density Residential areas, "allow for the development of multi -family homes in areas where urban services are provided. Residential densities may exceed eight dwelling units per acre. This residential development might include duplexes, apartment buildings, townhouses, and other multi -unit structures. Other uses within a development may be considered under a planned development permit process. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses." The proposed baseball fields are an accessory use to the existing education facility. Upon redevelopment of the property, the future land use map designates the site for high density residential uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis below policy in italics): • "Support multi -use facilities between schools and the community." (Chapter VI, Goal 1, Objective A, Action item 3) Staff believes that the school ball fields contribute to the multi -use facilities available within the City. "Develop indoor/outdoor multiple use facilities (i.e., recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural, and sports purposes and uses. " (Chapter VI, Goal III, Objective A, Action item 13) The ball fields for the school will also serve the community as additional fields available for use by other baseball/softball groups. "Ensure compatibility of schools with neighborhoods and adjacent land uses (both commercial and residential)." (Chapter VI, Goal I, Objective B) Meridian High School PA Systems CUP-08-024 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 Staff believes that if certain preventative measures are taken, the proposed ball field speaker system could be compatible with neighboring residential uses if the school is conscious and respectful of the neighboring residential properties. (see Section 10, Analysis below). Staff believes that the proposed use is consistent with the Comprehensive Plan and will be compatible with the existing adjacent residential uses if the applicant complies with the conditions of approval included in Exhibit B. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. Unified Development Code (UDC)/Meridian City Code (MCC) UDC 11-3A-13: The high school is an existing approved use on the subject property. The proposed PA system for the ball fields is allowed an accessory use to the existing school use. However, a CUP is required if the speaker system is located within a residential district and if the speakers are located within 100 feet of a residential district. MCC 4-2-4: Noises; Public Address Systems: A. Radios, televisions, loudspeakers: It shall be unlawful for any person to operate a radio, television set, loudspeaker or other noisome device in such a manner that it disturbs the peace and quiet of nearby residents. B. Public Address Systems; Permit: The use of public address systems, whether stationary or mobile, are prohibited without first obtaining a permit from the City Clerk therefore. In the case of the use of a stationary public address system, a permit shall be issued only after an application for such permit has been signed by 75% of occupants of residences, as determined by the records of the municipal utilities billing services records, within a radius of 500 feet of the proposed location of such public address system. (1955 Code §8-905; amd. 1999 Code). MCC 6-3-6: Noises Creating Public Disturbance: Prohibited Acts: It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. B. Exceptions: 2. Sounds caused by activities upon any outdoor municipal, school, religious, or publicly owned property, park, or facility, provided that such activities have been authorized by the owner of such property or facility or its agent from prohibited acts referenced in this section of City code. 7. Sounds caused by devices or machinery that is part of the use within the confines of the particular zoning designation that the device is located or pursuant to a conditional use permit (i.e., drive-thru window speakers, car lot PA systems). C. Public Disturbance Noise Time Period: Public disturbance noises shall not be permitted within the City between the hours of 11 pm and 6 am or at any time so as to unreasonably disturb or interfere with the peace, comfort, or enjoyment of others. Note: Staff consulted Bill Nary, City Attorney, to determine what sections of MCC related to noise and public address systems apply to the requested use. Mr. Nary stated, in his opinion, activities that occur on school grounds such as the proposed PA system are exempt from noise ordinance restrictions/requirements, unless a CUP is required. In that case, the applicant is subject to the conditions of approval of the CUP. Meridian High School PA Systems CUP-08-024 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP request as proposed, with the following comments: CUP: The applicant is requesting CUP approval for two outdoor speaker systems in a residential district and for two of the speakers to be located within 100 feet of a residential district, as required by UDC 11-3A-13. One of the speakers is located 65 feet from the property line and the other is located 95 feet from the property line of a residential district (the two other speakers are located over 100 feet from the residential property line and do not require CUP approval). There is only one residential property, the Geile property, located at 2150 W. Pine Avenue, directly adjacent to ball fields on the west. There are also residential properties in The Vineyards Subdivision along the north boundary of the school property but they are outside of the 100 feet distance that requires CUP approval. The applicant states in their narrative that they plan on working with the neighbor to determine the decibel level that would be acceptable for all parties. The sound system does have a master volume control that can be adjusted and set at a maximum level. The speakers have a focal range or pattern that is oriented toward the bleachers which helps the sound be directed only toward the receivers. The location of these speakers is adjacent to bleachers and light poles and is not aimed directly toward the adjacent residence. Staff visited the site and found the speakers, which have already been installed on the light poles as shown in Exhibit A.3, to be pointed toward the bleachers as stated by the applicant. However, the adjacent residential home to the west is also in line with the orientation of the speakers, as the home is directly adjacent to the bleachers (see aerial map in Exhibit A.4). Staff contacted Alan Donnell, an audio consultant at A Atronics, who installed the sound system to obtain information about the system and discuss other viable options for placement of the speakers that would lessen the degree of impact on the adjacent neighbor. Staff suggested relocating the speakers to the rear or side of the bleachers facing away from the Geile property. Shielding the speakers on the side facing the adjacent residence may also be an option to decrease the sound to the rear or side of the speakers that don't face the bleachers. Another option would be to place the speakers in front of the bleachers on the back side of the backstop. Both of these options would still allow the speakers to be oriented toward the bleachers but would enable the speaker volume to be turned down as the speakers would be closer to the audience. Mr. Donnell agreed either of the options would decrease the impact on the adjacent neighbors. Staff believes relocating the speakers, which would allow for a lower level of sound, would make the proposed use more compatible with the existing adjacent residential properties, especially the Geile property, as they are the nearest to the fields. Therefore, Staff is recommending as a condition of approval that the applicant work with A Atronics to determine new locations for all 4 of the speakers that would impact the neighbors less than the current locations, as discussed above. Further, Staff recommends the applicant work with the Geile's to determine an acceptable level of sound for the adjustment of the volume on the speakers to serve the purpose as well as not create an excessive disturbance. City Code: Meridian City Code (MCC) exempts sounds caused by any outdoor school owned facility provided that such activities have been authorized by the owner of such property and are not prohibited acts, as referenced in MCC 6-3-6. Site Plan: Staff has reviewed the site plan (prepared by Hummel Architects, dated 2/27/06, labeled as Sheet A1.01), included as Exhibit A.2, and submitted with this application. The site plan depicts the locations of the speakers in relation to the property boundary shared with the adjacent residentially zoned property. The following items should to be shown on a revised site Meridian High School PA Systems CUP-08-024 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 plan submitted with the Certificate of Zoning Compliance application: • The 4 existing speakers (2 on each ball field) should be relocated either to the rear or side of the bleachers facing away from the Geile property, or in front of the bleachers on the back side of the backstop to enable the volume level to be decreased. Hours of Operation: The applicant states in their narrative, "During baseball season (from March to May), the PA system will be used four to five times a week, Monday through Saturday. The hours of operation will be 3:00 pm to 10 pm in the case of overtime. During the summer season there will be sporadic games during the weekends used by Youth Leagues and other community baseball groups. If other affiliations use these fields they must abide by the same hours of operation as the school does." Staff has no objections to the proposed hours of operation. Staff is requesting the hours of operation be limited to between the hours of 8 am and I0 pm. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted prior to using the proposed speaker system. The site plan submitted with the CZC shall be revised to comply with the conditions of approval listed in Exhibit B of this report and shall be submitted prior to establishment of the new use. All improvements must be installed prior to occupancy. Letter of Testimony: A letter of testimony was received from Paul Geile (on behalf of his parents, Tom and Barbara Geile, the adjacent neighbors to the west) on September 16, 2008. b. Staff Recommendation: Staff recommends approval of CUP-08-024 for two outdoor speaker systems in a residential district within 100 feet of a residential district, as presented in the Staff Report for the hearing date of October 2, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (prepared by Hummel Architects, dated 2/27/06, labeled as Sheet A1.01) 3. Photos of Speakers 4. Aerial Map B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from the Unified Development Code A. Drawings 1. Vicinity/Zoning Map Meridian High School PA Systems CUP-08-024 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 Exhibit A Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 2. Site Plan (prepared by Hummel Architects, dated 2/27/06, labeled as Sheet A1.01) i ----- _ _ ------------ Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 3. Photos of Speakers Exhibit A Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 4. Aerial Map Exhibit A Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site plan, prepared by Hummel Architects, dated 2/27/06, labeled as Sheet A1.01, is approved, with the conditions listed herein. The Applicant shall comply with all applicable conditions of approval associated with this site. The applicant shall revise the site plan as follows: a. The 4 existing speakers (2 on each ball field) should be relocated either to the rear or side of the bleachers facing away from the Geile property to enable the volume level on the speakers to be decreased and still meet the purpose. (The applicant shall work with A Atronics and Staff to determine a suitable location and possible shielding for the speakers that meets the intent of this requirement.) 1.2 The applicant shall submit written documentation from A Atronics with the Certificate of Zoning Compliance application that defines what volume level is appropriate for the proposed use and proximity to a residence. An appropriate decibel level should be determined at the shared property boundary of the school and the adjacent Geile residence that serves the purpose for announcements but does not create excessive disturbance to the neighbors. The determined decibel level shall not be exceeded. 1.3 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply with the conditions of approval listed herein, prior to commencing the proposed use. 1.4 The hours of operation for the proposed speaker system shall be limited to the hours between 8 am and 10 pm. 1.5 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The proposed project has no fire department concerns. 4. POLICE DEPARTMENT 4.1 Meridian City Code 6-3-6 allows an exemption to schools for noises that might otherwise create a public disturbance so long as the noises are coming from a school sanctioned event, and as long as the noises are not created between the times of 11 pm and 6 am. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT ACHD issued a "No Review" letter on this application. Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the existing site is large enough to accommodate the proposed use but does not comply with the dimensional regulations for ball field speaker systems in the R-4 zoning district within 100 feet of a residential district. Therefore, the applicant is requesting CUP approval as required by UDC 11-3A.13. Staff recommends the Commission rely on Staff s analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the Comprehensive Plan Future Land Use Map designation for this property is High Density Residential in which the UDC supports public education institution uses. Staff finds that the proposed use is accessory to the primary education institution use and is generally harmonious with the requirements of the UDC with approval of the subject CUP (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. 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 finds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, Staff believes that the proposed use will not adversely change the essential character of the area. The Commission should rely upon any public testimony provided to determine if the development will be compatible with other uses in the vicinity. 4. 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 use will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that the site will be adequately served by the previously mentioned public facilities and services. Exhibit C Page 2