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Ustick Marketplace Wireless Communication CZC A-2016-0078CERTIFICATE OF ZONING COMPLIANCE REPORT CAVI E IDIAN DATE: ki+uaM_ ,, 2p? 5 REVISED March 10, 2016 TO: Doug Kofford FROM: C.Jay Coles, Assistant City Planner SUBJECT: Ustick Marketplace Wireless Communication Facility - CZC-15-006, DES -15-004 and A-2016-0078 OWNER: Brighton Investments, LLC DESCRIPTION OF APPLICANT'S REQUEST The applicant, Doug Kofford, requests Certificate of Zoning Compliance (CZC), Administrative Design Review (DES) and Alternative Compliance (ALT) approval to operate and construct a new stealth wireless communication facility on 2.65 acres of land in the C -G zoning district. The scope of work includes a 70 -foot tall stealth pole, twelve (12) panel antennas and a 312 square foot equipment shelter screened by a 6 -foot tall white vinyl fence and associated landscape improvements. The site is located at 3590 N. Eagle Road. Original CZC and DES approved on January 21, 2015. Original approvals still apply; applicant has requested alternative compliance for the landscaping requirements around the site and the wireless communication facility. DECISION The applicant's request for Certificate of Zoning Compliance, Administrative Design Review (DES) and Alternative Compliance is approved with the conditions listed in this report. Note: This is not a building permit. You must complete this process before you commence the use or any construction. Please contact Building Services at (208) 887-2211 to verify the building permit and/or inspection requirements. Site Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards asset forth in UDC 11-3A-7 and 11 -3A -6B. Process Conditions of Approval 1. The applicant shall complete all improvements related to public life, safety, and health asset forth in UDC 11 -5C -3B. A surety agreement maybe accepted for other improvements in accord with UDC 11 -5C -3C. 2. Upon installation of the landscaping and prior to inspection by Planning Division staff, Conditions Document 1 Ustick Marketplace Wireless Communication Facility the applicant shall provide a written certificate of completion as set forth in UDC 11- 313-14A. 3. The site/landscape plan prepared by TAEC, dated 3/2/2016, labeled C100 and C101, are approved as shown in Exhibit B with the following comments: a. The number of boulders shall be the same as the original number of approved arborvitae (15) to satisfy the ALT request, and placed in the same previously approved locations for such. 4. The elevations prepared by TAEC, dated 3/2/2016, labeled C200, are approved as shown in Exhibit C. 5. The approved site/landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. Prior to applying for a building permit, the applicant shall make all the required changes to the site/landscape plan as noted. 6. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 7. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances. 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site (AZ -04-009, PP -04-037, FP -04-081, DA 4104107404, SHP-07-002 & PBA -10-003). 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 8. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the proposed use as set forth in UDC 11-4-3-43. Alternative Compliance Request The applicant has submitted a request for alternative compliance in accord with Table 11-513-5, as follows: 1. The applicant requests alternative compliance to modify the original landscape approval, now to include only a rock bed and boulders. The applicant contends that this will make maintenance easier and will require no water or irrigation being installed, thereby being Conditions Document 2 Ustick Marketplace Wireless Communication Facility xeriscape in nature and as the parcel develops further, this should provide for an adequate buffer. The communication tower itself is designed to appear as a large evergreen tree thus disguising its appearance and the boulders and rock bed will only serve to enhance this appears of the tower. UDC 11-4-3-43E8 allows for a request to reduce the specific landscape requirement for wireless communication facilities. UDC 11-313-5N and UDC 11-313-50 allows for water conserving design and landscape coverage to be reduced. However, the requirement is that some form of vegetative ground cover be included in the water conserving design. The applicant is not proposing any vegetative ground cover but xeriscape instead. The purpose of landscaping, as stated in the UDC, is to "improve community livability, preserve the quality of life, and enhance the aesthetic quality, economic viability, and environmental health of the city." The use of material combinations (i.e. mix of xeriscape materials) should be a part of the overall design and using a mix of materials will help to achieve the stated purpose of the landscaping requirements in the UDC, even without vegetative ground cover for this specific landscape buffer. After reviewing the applicant's request, staff finds the proposal to xeriscape the site meets the intent of the UDC and contributes to a cohesive design, with the following comments/conditions: 1. The number of boulders located on the site shall be equal to or more than the original number of arborvitae (15) and they shall be placed in the same locations as the original approval. With this condition met, the proposal to xeriscape is approved. ALTERNATIVE COMPLIANCE FINDINGS: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds the xeriscape is integrated into the overall design of the development; therefore strict adherence is not feasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed materials contribute to the overall design of the development thereby providing an equal means to meeting the requirements of the UDC. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties. Conditions Document 3 Ustick Marketplace Wireless Communication Facility CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before March 25, 2016, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11 -5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if the use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if the construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until March 10, 2017. 1 ._.I :IL. A. Vicinity Map B. Site/Landscape Plan (dated: 3/2/2016) C. Elevations (dated: 3/2/2016) Conditions Document 4 Ustick Marketplace Wireless Communication Facility A. Vicinity Map LOCATION MAP I, SITE rvr. r'�t: ��i. N•.7 Flt.:., rA =t r- } b Conditions Document 5 Ustick Marketplace Wireless Communication Facility B. Site/Landscape Plan (dated: 3/2/2016) w 6 venMy wireless ]Mo X4 GC�e W Y.wum s OVERNI9RFPGX C100 On�.r. mm.�Y�er.0 o �X�w,�. aa..m ra �� ncXm.w�u mnr9 V%W MupMxnuw - - O Conditions Document 6 Ustick Marketplace Wireless Communication Facility C. Elevations (dated: 3/2/2016) Conditions Document 7 UsAck Marketplace Wireless Communication Facility �'.� �.�a..r� nuwmoor�usom.ea mewaw.wum�lp smut epi � hag` € eco-] § ,,,$ %Osh l 12282 M.0815 ie II a 1: /�e1gtVAhola 600 •• a mnM[ievemn •vim" -v xa2m¢evanox +. e.e �...e�.. _ ..a Conditions Document 7 UsAck Marketplace Wireless Communication Facility CEI r , M Planning Division REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat NAltemative Compliance ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ❑ City Council Review ❑ Short Plat ❑ Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) ❑ Conditional Use Permit. ❑ UDC Text Amendment ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) ❑ Development Agreement Modification ❑ Variance ❑ Final Plat ❑ Other ❑ Final Plat Modification Applicant Information Applicant name: 3DPT1I1:-ig�r ��•,>`./� Phone. Applicant address: S1\,7 Emai] t-'0l1L-A, A)i :o7 -y e TSL pe- r City: State:�Zip: Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned <Other � Owner name: T Z1 (�-1"� O��Y�� �� 5 U—Ci Phone: Owneraddress: 1Z60 1L) PIkD 1 Email: City: !DO\ -.ie State: 7 Zip: !$?2-1)' i Agent/Contact name (e.g., architect, engineer, developer, representative): T2WJ 17�t7 Firm name: "1r As -/� Phone: 1%4(,o Agent address: Emailr/l�'V ` ko'V FF07;P e -weTe- ' UJ - city: State: fir(- Zip: `b�t12 Primary contact. is: ❑ Applicant ❑ Owner ❑ Agent/Contact Subject Property Information Location/street address: '! Liy5CJO h-.1 IaE�[�,kA6 Township, range, section: T A d (LI E S� Assessor's parcel number(s): k" ' �q 1 J j0(tG� Total acreagC Zoning district: Community Development ■ Planning Division . 33 E. Broadway Avenue. Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancilv.ora/Mannino -1- (Rev. 06112/2014) Project/subdivisionname: 12, TOAJEX�- !!�ak_X2 j=�IDM General description of proposed project/request: Pmt t'N o \7o 1 G pq:VaiN S Yfr: Proposed zoning district(s): C — Acres of each zone proposed: VA Type of use proposed (check all that apply): ❑ Residential ❑ Office-[!�,Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):-.� Residential Project Summary (if applicable) Number stdential units: Number of comm lots: Proposed number of dwe 1 bedroom: Number of building lots: Number of other lots: (for multi -family developments only): Minimum square footage of structure (excl. Minimum property size (s.t): Gross density (Per UDC 11-1A-1): Acreage of qualified open space: _ Type and calculations of qualified bedrooms: 4 or more bedrooms: Maximum building height: - Average property size (s.f.): Net densit3_(,PerUDC lI-IA-1): Percentage of qualified open space: space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (i?Vplicable Type of dwelling(s) proposed: ❑ Single-family DCtacl ❑ Duplex ❑ Multi -family ❑ Vertically Integrated Non-residential Project Summary (if applicable) Number of building lots: _ Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: - ❑ Single-family Attached ❑ Townhouse ❑ Other Common lots: Other lots: Existing (if applicable): Building height: Number of compact spaces provided: Date: Community Development ■ Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www meridiancitv.ora/olannine -2- (Rev. 061/2/20[4) March 4, 2016 City of Meridian Community Development 33 E Broadway Ave, Suite 102 Meridian, ID 83642 Re: BO1 Renegade —Verizon Wireless proposal modify existing landscape requirement at 3590 N eagle Rd, Meridian, ID To Whom It May Concern: Verizon Wireless is proposing to install a new 100' monopine with 12 new panel antennas at 3590 N Eagle Road next to the Lowes store. The site will be enclosed with a 6' tall white vinyl fence and the perimeter of the fence was approved with a 5' landscape planter with arborvitae and low growing junipers. Conversations with the owners of the property have led to discussions pertaining to the landscaping being xeriscape. We are proposing to replace the juniper and arborvitae with a rock bed and boulders. This will make maintenance easier and will require no water or irrigation being installed, thereby being xeriscape in nature. Please see the attached plans. I appreciate your help with this. Please feel free to contact me with any questions pertaining to this. Doug Kofford Real Estate Specialist Technology 4 Associates 5710 South Green Street Murray, UT 84123 425. 306-7886 - cell (801) 262-0428 - Fax doue.kofford(a,taec.net AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) David W. Turnbull, on behalf of 1, Brighton Investments LLC 12601 W. Explorer Drive, Suite 200 (name) (address) Boise Hahn 83713 (cin') (state) _ being first duly swom upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: '5 -'in SOVVA - 6%lam '5-T to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 12th day of January 2Q 15 — Az David W. Turnbull (Signature) Managing Member SUBSCRIBED AND SWORN to before me the day, and year first Rboy [AMANDA McCURRY NOTARY PUBLIC (votary lic for STATE OF IDAHO Residing at: My Commission Expires: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854.++i1�rmgridiancity ore/aiannine