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HomeMy WebLinkAboutMeridian High School PA System CUP-08-024,. -. ~~,~. ~ ,': i. ~~5 ~, .4~,. ~ r4 „:~fi, ~~'> ;;:: :_ ~ r ;;~,~= ;;rlY ~~ r~~-~~ ~ f „ ~: A ~ . - , -, ,., ~~ , ~; ;r,~'. ~, ~,~: s ..,, .'~~ ~ i is 1 i !-d f i ~ r~ ~ - - ',;~ ~ t rh'~~~ CITY OF MERIDIAN ~ ~~ _- ~ ~ ~ ~ `;-~ FINDINGS OF FACT, CONCLUSIONS OF '~~~~ ~I~TA~~"~,.~, LAW AND ' ~ ~ ~ ~ DECISION & ORDER 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) 2. Process Facts (see attached Staff Report for the hearing date of November 20, 2008, incorporated by reference) 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) 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 (I.C. §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 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. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-OS-024 Page 1 f` s `. ~~. 5. It is found public facilities and services required by the proposed development will not ~~ p, impose expense upon the public if the attached conditions of approval are imposed. .b s~ 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. a .,~ oval is sub'ect to the Site Plan and Conditions of A royal in the attached 7. That this appr ~ Pp >_~;~ ' ' 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 i ~`~' y Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein .~ r ~~~~ ~~ ,_ adopted, it is hereby ordered that: 1. The applicant's Conditional User Permit as evidenced by having submitted the Site '; j Plan attached in Exhibit A of the staff report dated November 20, 2008, is hereby conditionally approved; and, y, ~7` ,w 4 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 fora ~ N~ 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 r°~ 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 t ~- ~ 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 ti,~~~ "` +~ 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 . 4' ~ ~' E CASE NO(S). CUP-08-024 Page 2 ~> ~~v raiS d- ;i z`,,- f ~>t i ~,'~1 ~ Pr '- ~ ~, c ~: t~. ~.y: , ~ r. .` ~:.. :. ~.., k . { ~,z„ a~s~. h ~$ .. .y flu• ~ ;[n"fib', "'us > ,~ r~~, l _ 's'° G .=~.<.,s ."r~;,~7r..:,l ~ a. .+;~; '-aa'~ ~=;1+~"~~PS~,¢ ~' r'~«': r>;~. `~;• ~~ , , yyam~,, '~:.r.:}~; ' ~ •''' < • a y y , A `fhl"N 5 • ) .~ wa •< ie `p >~ t"'9: . fn: ~' ~ •['. ' ~' •' . .' ~ f. ~~ r>, ~iv~'o%Yt~,.y~si ' ! ~r ~ 1 ., , ~ -~fi>YC~'"RT~'.a I ~ f 1 ~ ~ F~~HY~'C 2urv 3S '%F •:~H t .. : <`~'' ~ .. ~ : ,. .; • ~ SS~~ ? x..gh"y^~'A~A~.t~S',r -! Yr. :. ~ >i' .'~''• ~,y, ~. i{ >. I ~r si'~'t: `'~- •N. e~~~4 ~.~'le ~.i^si.. ~~ ~~ e{1~ ~:r4^:`.x+s^F ~,AS %.: _ :C ~. Y ai w' ^'L ' ' ' r R. ^ '~. , Y '• , } ~ A ~ A[> ~ 4 ,. .< .. . ~` i:f~i, p~ >~ ., _ s . •.. 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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 rir;;, r L ~_ *.i w;, . "i _ _, ,, ,; N: ,,~~, ,~ ~. ,,T. -z .,. ~} i_ ~ ~:: -3:. ~. , ,, ~; - rr ,- 4."A1 ~i ,tF= r :<;: .< ;4,. rF ~~' ~; ~.: ,f~;' 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 DAV MOE \~~~~ rip Il ~~ I ~~~ T a Green, Deputy City Cle ~ o~' '.g p ; q Copy served upon Applicant,'~~~ ~ ~'~,,,Fi~eparhnent, Public Works Department and City Attorney. By: ~ D ~ Dated: ~J v ~~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-024 Page 4 K~= ~o: t ~,, `:' - 'i~ ~~; ~. £t,', ' r.; .;1. ~, ;:: ~~:,. ~~,. !~3 ''X:~ -~:_, „~ ;"` '.~~:; v':; r ~L~ __ >: 4 L p ~.~. A . . ,~. -f~=; ,. r. ;: ~- :~' .,,(; ;'',~~: ~ ~ `,~ .. _ ~' `~ rr `}, s t '~~ ' ~x CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 STAFF REPORT Hearing Date: October 2, 2008 TO: Planning & Zoning Commission FROM: Sonya Wafters, Associate City Planner E IDIAN~-- (208) 884-5533 ~ ~' ~ ~ ~ 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. SUIVIlVIARY 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 1/o 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. 5UIVIlVIARY 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. The Meridian Planning and Zonin Commission heard this item on November 20.2008. At the public hearing, they moved to approve CUP-08-024. a. Summary of Commission Public Hearing: i. In favor: Marcie 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 vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. Ability to set the volume level for the speakers so that the agreed upon decibel level is not exceeded; ii. Discussion with the neighbors about the agreed upon maximum decibel level for the speaker system; iii. Hours of operation for the speaker system; c. Kev Commission Changes to Staff Recommendation: i. Strike condition of approval #1 1 a which requires the relocation of the speakers• and ii. Add condition of approval (see condition #1.6) restricting the decibel level of the speakers to 60 decibels measured at the property line. Meridian High School PA Systems CUP-08-024 Page I s~ ~:~, ., , , rK: ; ~.,,. , ~.:; b ;fir. h. ~~~ ~,;~ ;~ ~: .. >~~; ' .~~; ~:_r i ~t rc,- 1 Y•' ~° ~; ~;:~ f:(y Gi ~n~; ,__~' j_ ~; .~~~ 3;r,°; 'gyp i 4 ~3 `r .. .*~~3j ~~.i~ ~~,, ;tt ~: _; y'/, .~~. ~ $ _ ~ :::~:. ~' ~; i ` ~i s-~ ~: ~-, -, ~., y . y , ~ .: A; ~_ K r er ;a ' ~~. - .- 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). 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, 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) 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 1/ 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 Meridian High School PA Systems CUP-08-024 Page 2 ~r r.~;:- '~.. ~~ :~, ,F ,~ :„ ~~ ~- - .:,~: ;-;.~ •:_~~t-, ,N; ~~ ~+ ~, a_ :~ ~~. ~:~ ~~~ ': ,,~~ ;t, Y i ~; .t. ~ k~ na ,~ ;~, f ~~ .:r. :: ~: ^; ,~x ,. ,}.-, ~.. ~~> ~ , "~ -'~' '.: ,~. <, n; ,~ 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. 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 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 (Geile property), zoned RUT in Ada County 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. 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 Meridian High School PA Systems CUP-08-024 Page 3 'r't?'~ 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 y 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 f~~~ 2. Parking spaces provided: 0 g''' 3. Compact spaces proposed: 0 `~~'~ ~ Additional parking is not required with the proposed use. Off-street parking already exists on the school site. ;;`j h. Landscaping: rr:~:a `' -`"~ 1. Width of street buffer(s): NA ' 2. Width of buffer(s) between land uses: NA _:: ~~~1 ~'~~' ~ 3. Other landscaping standards: NA 'J i. Required dimensional standards for the R-4 district: NA - ~,.ti 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. Meridian High School PA Systems CUP-08-024 Page 4 ~~_r}~ w ' ~ 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. ;,.~ -~~ • "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 a.~:. ':~'~~°~`'~ 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. r;;:~~ • "Ensure compatibility of schools with neighborhoods and adjacent land uses (both ``~"~` commercial and residential)." (Chapter VI, Goal I, Objective B) '~ I, 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). ~ ,'' r ed use is consistent with the Com rehensive Plan and will be com atible Staff yelaeves that they .r.s r r 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 ~ 4~ 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 r? within 100 feet of a residential district. Y:- `~~ MCC 4-2-4: Noises; Public Address Systems: y ~~1 A. Radios, televisions, loudspeakers: It shall be unlawful for any person to operate a radio, i '~ ~ 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-08-024 Page 5 ~_ - ' '~ --. y~, ~'lk •~i i ~~.: C~ 3 a~,p., y i ~1 ~~' ~ 1 _ A.f4i ~~ ~ v} ~ * ~ ~ri .'$ 1 f 1. ~:, a rl 1~ _ ,/ ~~ 1` .~^i Y. ~? I L ~ ~.{. L:,: .. ~ ~~ 1 ~~, 1'r -.~, , a~r' l-... I - ~ +~ a' R M ' Y t r yt~> ., ;:~,. ~,, ~ `~Y ~ 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 ~ '~ -' 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 . f ~~-. and public address systems apply to the requested use. Mn Nary stated, in his opinion, activities -~ ~ r 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. 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 ~. ~ ,, ry 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 {s 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 tw 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, ~~~ +~ k~~ 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 =~, a ~_ r"`~'' F; • Meridian High School PA Systems CUP-08-024 Page 6 K.,, ~ t`om` 5.. ,,,~ :. y' .'~ ~,: ;< ,~ . FiY{ ;. _ { CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 `;' `;a ,- - -~,~ 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 1 i• 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. ,~; .A 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. "L;, 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 ;- 51 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 "rid 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, ov~ 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. x 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 kx~4' hours of operation as the school does." Staff has no objections to the proposed hours of operation. Staff is Yequesting the houYS of operation be limited to between the hours of 8 am and 10 pm. ~' ~ ~; Certificate of Zonin Com fiance CZC • A CZC a hcation is r uired to be submitted nor g P ( )• PP ~ ~ P to using the proposed speaker system. The site plan submitted with the CZC shall be revised to ' :x~ comply with the conditions of approval listed in Exhibit B of this report and shall be submitted y; 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. The Meridian ~`~' ~~~; J Planning and Zoning Commission heard this item on November 20, 2008. At the uublic > .. hearing. they moved to auprove CUP-08-024. ~~ r ~~ 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 ~s ('r ~~ <.r Meridian High School PA Systems CUP-08-024 Page 7 ~ `' ifN~i ~ ' - :.(4... ~H .. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 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 8 =1 ~~~ ~, :~,w_ ~~,; -;: a ~R~ ~< .; -;n ~: ,. z ~~~ ~r '~-, ~< i 9 ov€~ae~.~rusu .~„ ~ti~ Exhibit A Page 1 ~~ ~Y ;~. 1 ci M'! f' ~ `3j' •> M ~ .. k' e ~;'_: ` a, :- yr _ ~.* _ t h~h~~ { '. ~ '' j ~ t ~~ ~~ „ ex~ 13- '! 1~.. } ~ L. °~'F.> ~; ~~ ~Yj, _, ~ # _ _ _ rj ~ v ! k `. f. tiD^ + ,3 ~'~ li. .. -( I k:, 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) 1~ i:..`.'~ ^~~~~~~ ~. nay. 1.1 4~` ~~ ",i, '~ aI I kl?`; '`~. t,;] l~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 3. Photos of Speakers Exhibit A - - - ----- Y ~, ~l~ - ~ ggE ~~~~ r~ `~ _ - T-_ T _. i ~.,,,,,,_-~ Page 1 f CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 4. Aerial Map t, ,-.,; ~ ~ ~,.,~ " ~r ,~ .a..r ,' , r' --,~ ~ r~~ a ~. ~ ~~ ~ -,~ -~.~ r ~~{ E ~ vs srrr'~ d~rl Il ~'~'~ I` ? r* ~ ` ~ ~~:. '7 ~p ~` ~~ ..... ~ ~kk'. s~ I . ~~ ..~ i~~1 t '~~1 °M~F C'i aLZS; ':~1 Exhibit A Page 1 ,T ~ 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~mzi~i°a~u:. The Applicant shall comply with all applicable ",;~, conditions of approval associated with this site. Y~~t -' ~ ~ 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 1 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 ,;.~.:~r 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 ?~'~#~' I 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 x'r;~~ nronerty line. 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 <::-z 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 I -: `;;~ a ~~ ,;, ~; ,.~~ _'~, r-„~, u:'; ~;,. <: ~, <': ~n .~ ~ `- ,... *~_ ~ 4 -' `~ ~,.'} ~C ~r ~ : ~ yr~ ..t ~ -`e' %~; s. 3 :}u, r f{ ~ts9 -' .. t~^~ -. ~ 1; - - ~. ~; ~_- R i.-~ .~;. ;'r ~, s ~=,b. t•~ ;: ~~ ..~t,, rii r ~.r ~ . Y ~ ~_ >~; 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. The Commission fmds 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. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. 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 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. The Commission 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, the Commission 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 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. 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 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. Exhibit C Page 2 ~_ ~ SI L .~~. ~: ~A s ;:.~.r .r~- 3 'Y ~. ,, t -~` $< ., ~Y ,:;; e ~`~^ ~ ~'+ ~'~~ fl ::jai; :,,,~ ; ~..c~.: ~^` ~ T ,.__:, r", tr r '~ ' y i '* ,.} %~r -`-~u ,~ F ~ ~ 3= kid' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 2, 2008 The Commission recognizes that traffic and noise is a concern; however, the Commission 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. The Commission 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. The Commission fords that there should not be any health, safety or environmental problems associated with the proposed use. The Commission 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