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REVISED BOI Majestic Wireless Communication Facility (Swindell Sub) CZC A-2016-0243Conditions Document 1 Swindell Wireless Communication Facility – CZC, ALT - A-2016- 0243 CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: July 27, 2016 Revised August 12, 2016 TO: Doug Kofford, TAEC, Agent for Verizon Wireless FROM: C.Jay Coles, Assistant City Planner SUBJECT: Swindell Wireless Communication Facility – CZC, ALT - A-2016-0243 OWNER: Volante Investments LLLP DESCRIPTION OF APPLICANT'S REQUEST The applicant, Doug Kofford, requests Certificate of Zoning Compliance (CZC) and Alternative Compliance (ALT) approval of a new wireless communication facility with a 100' slimline monopole, two arrays of 6 antennas, 2 future microwave dishes, and an outdoor equipment platform to hold required cabinets. The site will be enclosed with a 6' white vinyl fence on 4.467 acres of land in the C-C zoning district. The site is located at 1495 S Locust Grove Road. DECISION The applicant's request for Certificate of Zoning Compliance and Alternative Compliance is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. Site Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 2. Per the recorded Development Agreement, the existing home and associated outbuildings within the subdivision shall be removed prior to signature by the City Engineer on the final plat or issuance of the first building permit, whichever occurs first. A demolition permit may be required for removal of said buildings. Contact the Meridian Building Division to verify whether or not a demolition permit is required. 3. Per the recorded Development Agreement, prior to any development occurring on the site (including the issuance of building permits), the development agreement shall be modified to include a conceptual development plan and building el evations for the overall development. A wireless communication facility is listed as a separate and independent use within the schedule of uses in the UDC and therefore constitutes as development. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in Conditions Document 2 Swindell Wireless Communication Facility – CZC, ALT - A-2016- 0243 UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11- 3B-14A. 4. The site/landscape plan prepared by TAEC on July 12, 2016 August 10, 2016, labeled C101, is approved as shown in Exhibit B, with the following comments: a. Alternative Compliance conditions shall be met. 5. The elevations prepared by TAEC on July 12, 2016 August 10, 2016, labeled C200, are approved as shown in Exhibit C. 6. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 7. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 8. 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. 9. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Requested revisions shall be submitted with Building Division submittal. 10. If the subject property is part of a final plat that has not yet recorded, the applicant shall be responsible for all plat improvements prior to release of Certificate of Occupancy for the first structure within such plat. 11. The City of Meridian requires that the owner enter into a Warranty Surety Agreement and post a Warranty Surety in the amount of 20% of the total construction cost for all completed public sewer and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond, and must be in place prior to Certificate of Occupancy. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Services for more information at 208-887- 2211. 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 11-3B-5, UDC 11-3B-13 and UDC 11-3B-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 and previous conditions of approval associated with this site (AZ-15-010, RZ-15-011, PP-15-013, DA instrument #2016-045074). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 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 shall have an ongoing obligation to maintain all pathways. Conditions Document 3 Swindell Wireless Communication Facility – CZC, ALT - A-2016- 0243 7. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 8. 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. 9. 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. a. The facility shall be painted a neutral, nonreflective color that will blend with the surrounding landscape. Recommended shades are gray, beige, sand, taupe, or light brown. All metal shall be corrosive resistant or treated to prevent corrosion. b. No part of any antenna, disk, array or other such item attached to a communications tower shall be permitted to overhang any part of the right of way or property line. Alternative Compliance Request The applicant has submitted a request for alternative compliance in accord with Table 11-5B-5, as follows: 1. The applicant requests alternative compliance to the landscape requirements of UDC 11- 4-3-43E8, to include only a rock bed and boulders. The applicant contends the owner of the property is preparing plans to develop the property and how to incorporate the proposed wireless communication facility into the overall development and with that overall plan will include landscaping. UDC 11-4-3-43E8 allows for a request to reduce the specific landscape requirement for wireless communication facilities. UDC 11-3B-5N and UDC 11-3B-5O 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 no less than fourteen (14) and spaced evenly along the perimeter of the compound. With this condition met, the proposal to xeriscape is approved. Conditions Document 4 Swindell Wireless Communication Facility – CZC, ALT - A-2016- 0243 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 August 11, 2016 August 29, 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 July 27, 2016 August 12, 2017. EXHIBITS A. Vicinity Map B. Site/Landscape Plan (dated: July 12, 2016 August 10, 2016) C. Elevations (dated: July 12, 2016 August 10, 2016) Conditions Document 5 Swindell Wireless Communication Facility – CZC, ALT - A-2016- 0243 A. Vicinity Map Conditions Document 6 Swindell Wireless Communication Facility – CZC, ALT - A-2016- 0243 B. Site/Landscape Plan (dated: July 12, 2016 August 10, 2016) Conditions Document 7 Swindell Wireless Communication Facility – CZC, ALT - A-2016- 0243 C. Elevations (dated: August 10, 2016)