HomeMy WebLinkAboutFindings,l,
•~a
-J
Ate.. - - - -'-_.. ~ a.
h` a.L?~Qfi~
~:=~~ ~u CITY OF MERIDIAN ~~~ , _ , ~ , , ~~~,
FINDINGS OF FACT, CONCLUSIONS OF `' ' ~~ ~~~~A~~ ,
LAW AND o ~ ~ ~ ~
~'-=°~`~ DECISION & ORDER
:::r
;;
~~ :~ ~
In the Matter of Conditional Use Permit (CUP) Approval 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, by Joint School District No. 2.
Case No(s). CUP-08-024
_:~ =;
For the Planning and Zoning Commission Hearing Date of: November 20, 2008 (Findings
on December 4, 2008)
~-~
- A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 20, 2008,
incorporated by reference)
n
zT, 2. Process Facts (see attached Staff Report for the hearing date of November 20, 2008,
_~.a~ incorporated by reference)
Ki ~~' µi _
3. Application and Property Facts (see attached Staff Report for the hearing date of
November 20, 2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
-~? hearing date of November 20, 2008, incorporated by reference)
,u.
~ B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
_. ~,
°: Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
s~ ~' ~~~ Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
f,
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
.~? ~~ N
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-024
Page 1
,.',
y~; .
.~~,~~
..
)~'- ~ ~ _
t ~~ :. -
-
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Chairman of the Commission and City Clerk and then a copy
served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this approval is subject to the Site Plan and Conditions of Approval in the attached
Staff Report for the hearing date of November 20, 2008, incorporated by reference. The
conditions are concluded to be reasonable and the applicant shall meet such requirements
as a condition of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Conditional User Permit as evidenced by having submitted the Site
Plan attached in Exhibit A of the staff report dated November 20, 2008, is hereby
conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of November 20, 2008, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-024
Page 2
~~.. :~1S~rw;!
Commission maybe granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial. of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of November 20, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-024
Page 3
~', .
By action of the Planning & Zoning Commission at its regular meeting held on the
day of , 2008.
COMMISSIONER DAVID MOE VOTED
(Chair)
COMMISSIONER MICHAEL ROHM VOTED
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
COMMISSIONER TOM O'BRIEN VOTED
COMMISSIONER JOE MARSHALL VOTED
CHAIRMAN DAVID MOE
Attest:
Tara Crreen, Deputy City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-024
Page 4
~' `~'' it CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
„' ';
STAFF REPORT Hearing Date: October 2, 2008
<A TO: Planning & Zoning Commission
E IDIAN~--
<_~- FROM: Sonya Wafters, Associate City Planner
~~ t (208) 884-5533 ~ ~ ~ ~'~
~~'
SUBJECT: Meridian High School PA Systems
~:: ~ • CUP-08-024
Conditional Use Permit for two outdoor speaker systems for the Meridian
;t High School ball fields, in an R-4 zoning district, within 100-feet of a
" ~' residential district
='k~~ 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 '/a 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
r,~~ 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. SUNIlVIARY 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
Y1 of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B.
"~'"~' The Meridian Planning and ZOning Commission heard this item on November 20, 2008. At the
r` ;•~ public hearing, they moved to approve CUP-08-024.
'~' ~'~'~` a. Summary of Commission Public Hearing:
i. In favor: Margie Kennedy; Geoff Stands
.. ~ ii. In opposition: None
~~'° iii. Commenting: Thomas Geile; Paul Geile; Gil Maclennan
~;~ iv. Written testimony: Paul Geile; Margie Kennedy
~~~ v. Staff presenting application: Sonya Wafters
r~,,~,„' vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. Ability to set the volume level for the sneakers so that the agreed upon decibel
;<. level is not ezceeded;
- ii. Discussion with the neighbors about the agreed upon mazimum decibel level for
"=~ the sneaker system;
=;~~ iii. Hours of operation for the sneaker system;
4;~ c. Kev Commission Changes to Staff Recommendation:
,,.~r
i. Strike condition of approval #l.l.a., which requires the relocation of the
sneakers; and
~~. ii. Add condition of annroval (see condition #L~ restricting the decibel level of the
"'`''s' sneakers to 60 decibels measured at the property line.
`Y~
°;: Meridian High School PA Systems CUP-08-024 Page 1
~?~#,.~
.Y
~'
F
' t ~ ? ~17j fa -,vt
i
~`:
~:
;~.
-
:: .
t
~~
~.
` k, ~.
~
e [
f~4
~
S '
~;~
-
*
~, ~
1' t'
g.'
;;d 'st'i'r ~
r~
]' !
- ~
:,,
_
kA
5
T,
i' 4 . f y
.
i {
.~ 1'
~ ~ }
[~ ~ .'
1 ~
4 Y
~ y .
1
~
~. Y
t
-
F
ids
~
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
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 fiu-ther 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, 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 fmdings 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)
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. ApplicantlContact:
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
Meridian High School PA Systems CUP-OS-024
Page 2
-. : x i
J'..
,. ~~
rt,
,~ ~ ~,~~
. - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
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.
~r T'~~
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.
a°:~~ b. Newspaper notifications published on: September 15, and 29, 2008
c. Radius notices mailed to properties within 600 feet on: September 5, 2008
~,~.;h~ 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
'~-°>' consists of school property. To the north and west aze 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 (Geile
-~~:, property), zoned RUT in Ada County
'YR:'
4. West: Asingle-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-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~
:~ a
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
.~.
~. x:
3. Floodplain: NA
a s,' 4. Canals/Ditches Irrigation: The Rutledge Lateral runs along the south and west boundazies of
'~~' ~ ' ~ ~~~ this property.
5. Hazards: No hazards are known to exist on the site.
6. Existing Zoning: R-4
;:
Meridian High School PA Systems CUP-08-024 Page 3
S~ 7.. .r:<.~ry
j1`;
~Ai.
'_
:S,:j:?
~'.F,,-Njyl
z=._-
y~ ::- ~:.
t S~ ,!^fi
~1,
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
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.
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, 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. COMFREHENSIVE 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.
Meridian High School PA Systems CUP-08-024
Page 4
:.... ~ ~.2~^{ir
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
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 I,
Objective A, Action item 3)
Staff believes that the school ball fields contribute to the multi-use facilities available within
the City.
.:;Y
.Y i
~,::~
:~
:;~~'I
-.:,,:
~:_, .'.
4_
F,
;} • '' 'R" it
~~.
.~<~ ~~
~~ ~I
~~~ -
~.
.:: ::
,;
~w:,
.,1;
_.
i``'
~'
,, ~~.
.C ;~°,5 I
~~. .._ I
• "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)
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
Meridian High School PA Systems CUP-O8-024
Page 5
~~Y4~ ~ `~'E.".
l s~
~ `:-~LYT t
a ~Z,
}
a
l
`S.`
-~, ~ f
%~ FY3S{' fi3i4 ~ Y ? ~~ ~ ~ t
'r fi,,
7
[h }
~~~~~ ~ ~ ~~ k~
St t ~ } d, ri. ~ c Y
La4M'fa ~ i-
?~ ~k~~ h _ ~ ~ t
-Y~ { {.
~> ° h~.
~~ ~ ~.
~~
~ !y
~~~?'~ ~ 4l 1~.- ~~i ~~ Y
!< Ct 5
t1 tTF~+~ 1 ~' '
~ 'H DA z Y
F ~~71~~ ~ ~ f ~~~'
~ f ~ } ~ _. ~
{
` '
~ ~ f~ 1 i.
L ~ a k y 7
~ ,
~;x ~ ',
3*k y t
'fit a~ ~~~~¢
t ~i i-
"'4^aW~ ~~'~'^S: H
,t fi may}. t+s•in~ _ ~
.~ f ~ Sh~x
i~'~`'~5/4 f~LJ T
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
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
;~-tN'r 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
T~~~<i, and public address systems apply to the requested use. Mx 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 requirea~ In that case, the applicant is subject to the
r~ ~I conditions of approval of the CUP.
:; :~
`~'
~Y;
'~. .
Yv.
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
Meridian High School PA Systems CUP-08-024
Page 6
~_.
4~, t
~ ~, 44 ~ i" ,s` r ~ `
~ R ~
~~ t~"~~~+~~ , ~ _ ~
'^ r.. A 1Y.~ -
- .y~,.
~;,
r r. ,~k
bx,~,,,. 7„~.
,u
~ a ~ ? y
r ~4 '
~, sy?3{, r3 ~ x r _
+a
44 ~~ 4~C~}F' _
x i171~A'
r~i.aJ~~~ ,.h~,.~~uy l...
~~
i ~~,,
y~'~ ~ ~ ( -
~' N5r _ #
5 , a 3e
1 4?".. ~G.L '~ 4~ ~ F
~.nh~ Yt,~ ,r~~3,$~ ~
I_''~
•t 'f~''Y~ y Y ~~ ~ y $ 1R
R ~ ~i
~~ ~ ~z~~
~ ~ ~,~°a,r1 m ~ ~ 7 ' _ a
~~' J i
~ i'
~ Y
Syr ~~~.'
,t.._~
`'?. ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
F_. ,
relocating the speakers, which would allow for a lower level of sound, would make the proposed
F~~` ~ use more compatible with the existing adjacent residential properties, especially the Geile
t;~
':~L`
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
.._,
"f' 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
''`
H purpose as well as not create an excessive disturbance.
;
City Code: Meridian City Code (MCC) exempts sounds caused by any outdoor school owned
,.. ~ .
k" '~~~,
'
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
"" ~~~°~'~ plan submitted with the Certificate of Zoning Compliance application:
;~ti,~ • The 4 existing speakers (2 on each ball field) should be relocated either to the rear or side
F: ~~~:
~~,
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.
~.
I The hours of operation will be 3:00 pm to 10 pm in the case of overtime. During the summer
r ~~''-' 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 10 pm.
"~ ~' " Certificate of Zonin Com Nance CZC . A CZC a hcation is r aired to be submitted nor
• 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.
u ;
~•
:, r of testimon was received from Paul Geile on behalf of his
Letter of Testunony: A lette y
,
~;-~;~~~ parents, Tom and Barbara Geile, the adjacent neighbors to the west) on September 16, 2008.
r: •': 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. The Meridian
Planning and Zoning Commission heard this item on November 20, 2008. At the Aublic
-,• f -'I hearing, they moved to annrove CUP-08-024.
` k ~ 11. EI~~ITS
i'i= .,
' A. Drawings
t
f 1. Vicinity/Zoning Map
'~ `n 2. Site Plan (prepared by Hummel Architects, dated 2/27/06, labeled as Sheet A1.01)
~:
~ 3. Photos of Speakers
. '?1:
" Meridian High School PA Systems CUP-08-024 Page 7
I
f:
~:
~ i,
s.
~
'~ ~. :
., , x
t
;"
'~~,
,f
~~
c
'
~
~
1
~
4
~
~
r;: +'
,S ~ -
~ i ,r
-
,~ + -
,3 .ti's-r, {"
_` r f" 2K
r i ~_
...r f ~ '{'~ ,- p -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
~ c~
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
1. r> ''~ ~ y --r--
' ~ ~~ ! I I 't I 16 I ! I f I--('--"IP~F-'7 ~ I 1 I I I I I I 1 I I t 1 I I I I ~~
r~~`-. L' n' nil I ~ R~ I . i I I _I L _ t
L__I- ~_
Meridian High School PA Systems CUP-08-024 Page 8
,,
~~
_,
e~.
:~~
u~'~3=
.,.
i _,,. `
-__y
.;i
t; ~'r:,r
':~sr;
,R. ~.
_,
<~j
,.
,; ,
`,
,1~~-
:~"
°F
>;:-_,~
? ,.~:,
:~;
oWHiAtLSREPLAN
~M1
a~ --- •~
p...
p^•~® ®•CG~s
®~o
,` `,',' Exhibit A Page 1
~`.. ~.,y
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)
~ ~'~
t Y'c ,_ $
.k _ y'
~ F'''~ #7rt'
yy - ~~ :,_
a~'+yR3sf' / r t .. ~r~T
({ ~~
{~-
E! ~ ~ ~ _
{
~. {'~L
L
I 3~ ~~~~ x
tt f,ir l (Ni~
14r.{: ~
,Ji
+~f
' S
t T'
C
A ~ } Y
'
~ t
a Y
}
.~ ,
r~
r I ,
1
4
_~- --` L
~ T,t `_
F p,,
t
7
h ~ '~
_ Y..Y
~
U
':f i $
~ .Y~
S l `;4''.
y.
z -.
{ ~,, F.--.
,
z. ~ ~
z
~~,'
~
~
~ r ~
~
s
1 ,,~
`:Y
.'iJ:
,• -,~
,',il
''~a`:I
. , 's~~
~. ~z_.,
>, i
`;fiI
~.`a~.,~
},
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
3. Photos of Speakers
Exhibit A
~a
t ~. ~ ` ~°
,,
~'~
i
i
~<
A
.r. ~ r 'AMC
+~
~~
~-
., ;~- . .~
Page 1
t'e 5~~ ~ ~. .: }
~~ ttyrTr.~'.r ~
~~`~ ~3 °j ~~, ivy r
~ ~~r 1: }
{ st r,
~' ~~
~, ~s ~ t~
~ ~.~ ~.. .
~ fi.
~ zr
~_ k}Z ,lei S
+z~t~yw ,,~yr~ ~ ~ {
~'p HF FF^ 4~'r ~~~ t _
~.~ ~'
~p~ ~ ~~. ,
iri 2.7,~~'t'~-S~~
~A~c~~~
r ~:
~ t
,~y, s. jM 5 : i~
A% ,.ta'i': Y95.~ Y' E'y
,~ ~ b~+
~' i ,~
1 .3~ e~~~ FG ~ _ t
k t ~ 7 5~
Jd ,p,-'; i 4 i
~~{?~ y ! r
jw.~.. v ~ ,F,
A
4 ;`~.
~pkj ~t Y~y~F lA',F ':
i'^ 5
~y~v an ~ k ~ ' ~
"~ C
i'a.R
4
s t ~ 3s y
r 5
f
y
~~
;;
r
tJ`
~: ~'.:
~,
t.
~I
.I
t,
"ln ~'':
~~-; ~' .
~` :,~-
~`r - _
`_... I.....
1,
jr~
j! l;,
YF `:~,
~;$~?^:~
K'
p. °'-
i.
~ -'I
-;.. i:.y
`, s,
~~'~1
f
-i .~'i
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
4. Aerial Map
---t ruxnoH s~r=.
it ~ ' ~ mu~ y ~+4
a
f t~ 9
E 1-- t
f u..,: ttTTF ~.,5'x
~;a
,a ~.~~~ ,
~~~ y
,_ ~.
I:
Exhibit A Page ]
~~y~~y ~!S`~~t {~~f~
j ~33~~,, L 3w~ 7"Ye ~~ _
~it.frirC~.v ~ Frf~ I~-''.. 11~1Vj ~, _.
{~
~,~!'~,~ r .f ~: S
7' ; ~r7 t~ yam- ~y~~ ~d'y3~ L
F /'/'a
r ,~,,, ~ ~ ~~ ~ ~
,~. w r
,Pji,'rp ~~' tit ~; .
.~ pia
4 : ,.
a ~ ~f ~4Yr ; ~r
Y.
~ ~~.
r4~ ~~"I ~* ~ 4j h i
~(~(""yy / # G ` ~~~555555111111 Y ,
~ 3
K
~ , ~~
~ ~ 1.t
'. Y -~ l-
M1n- I
1~ S .~ ^7f ~ l~t
a iff~ ~r ~ ~4; .7~',; ~
r[~ZH.l ~ <~}' {,yam..,
^rt FS,
`~s
+7ri w u
Er'~`'~Y~ ~''"'.~ ~,
5
~1= y ~ ~ t ~
_.~~i4c~ N . ~ S.
L .y_ .y ~ia,. ~a 1
i
'}3 i~ "' try • -
t ~df-tY ~y ~ y X -
~S
~ a.,.~~.
,yam ~-~'~+17 ~f' ~,
~ x,r~~ wr ~=
~ :~fi ~`
.;w
t }~ ~
~` a k'
~a~`s: ~~r~ ,,PK ~pp~~~, d._ s
fi k vt~4,.
.~`,. r ,1w,,.: ~ ,
~~ ~~ * ~ ry
r_7 ..~.P. `J{r F y
:1.
;:~ 'a
n'"
`;~,
,, `,
~h.;
- ::~
nI
.~
;'
i
~~~;'
~.tl
.:...~
1 ",
;_, ,
F
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, ~~+'' +"° °^~a~+~^~~ '~°+°a '~°~°~~. The Applicant shall comply with all applicable
conditions of approval associated with this site. .
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.
1.6 The decibel level of the sneaker system shall not exceed 60 decibels. measured at the
nronerty line.
2. PUBLIC WORK5 DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The proposed project has no fire department concems.
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.
Exhibit B
Page 1
.r~ ~ ~
1 V .
0
~! .
~g :'~ i~J
~ .:~'.
J~" fife z }
~i
~tY
~
~
)
e
Y 1
~. _ -
%sF
n
H ns W~'k4 Y~' .lv F K. ~ .
3~ ;
C~~ ~ ~:
.~ f exr+ -.~ y. _
~ ~,u y
.x ~'- • t+
~.F+"~~a~x ~, ~v}~~ a~~ r
j.' Y!A
T,^Fm1a P !. * L N Y
,~}X 1 1l~~ ~ ~ _
,~~r`
- ~~ ~
7
3 4 A~4 i
~y~- -y +
r
-.~~
1, y
~.y .rt ~A {!:
~~~,~ < <a~ Ux.
~~, ,
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008
-:
1::
C. Required Conditional Use Permit Findings from UDC
4
~~~ The Commission shall base its determination on the Conditional Use Permit request upon the
Y...
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.
' The Commission 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
<~~a~~ approval as required by UDC 11-3A.13.
-: ` ~ 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
till The Commission 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. The Commission fmds 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
tl the subject CUP (See Sections 8 and 10 above for more information regarding the requirements
-a~~ for this use).
~'K .fi
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.
,!~'; The Commission finds that, if the Applicant complies with the conditions outlined in this report,
I 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, the Commission
~
~;f=~ .,~
believes that the proposed use will not adversely change the essential character of the area.
~'',:;~; 4. That the proposed use, if it complies with all conditions of the approval imposed, will not
'' ;`
=~ adversely affect other property in the vicinity.
~
The Commission 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.
- 5. That the proposed use will be served adequately by essential public facilities and services
:=y'~
._f
N such as highways, streets, schools, parks, police and fire protection, drainage structures,
-.
:
~~~ refuse disposal, water, and sewer.
~L-1Y,r~
` -~~ Staff finds that the site will be adequately served by the previously mentioned public facilities
and services.
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. The
,'.~;~~
~ Commission finds there will not be excessive additional re u~rements at ublic cost and that the
q ~ P
,._
~~~~ proposed use will not be detrimental to the community's economic welfare.
I~ ~ .. ~~[
n,
i ` Yy
:'r.
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.
Exhibit C
Page 2
3
t '~.F
,
~ ry ,~~
~ ,
t k'.' _
1 ~
~ $ .
J
7 ~
}T
~. Y
:
~
-
C'-
~ ti }
` ~ ,+
) /iS
~ }
.ry'
y
? '
~r ,
Q
{`•