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CC - Staff Report T-Mobile – MDA H-2016-0091 1 STAFF REPORT HEARING DATE: September 20, 2016 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: T-Mobile – MDA H-2016-0091 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, T-Mobile, requests a modification to the existing development agreement (MDA) to update the development agreement to construct a wireless communication facility on the site. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0091 as presented in the staff report for the hearing date of September 20, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0091as presented during the hearing on September 20, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0091 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1855 N. Black Cat Road in the SE ¼ of Section 4, Township 3N., Range 1W. B. Owner: Seventh Day Adventist Church 1735 N. Black Cat Road Boise, ID 83646 C. Applicant: T-Mobile 121 W. Election Road, Suite 330 Draper, UT 84020 T-Mobile – MDA H-2016-0091 2 D. Representative: Same as Applicant E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 29 and September 12, 2016 C. Radius notices mailed to properties within 300 feet on: August 30, 2016 D. Applicant posted notice on site by: September 8, 2016 VI. LAND USE A. Existing Land Use(s): This property is developed with a church. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Church, zoned L-O West: Single-family residential properties, zoned R-4 South: Single-family residential properties, zoned RUT (Ada County) East: N. Black Cat Road and Single-family residential properties zoned R-4 in the Milliron Subdivision C. History of Previous Actions:  In 2005, this property was annexed and zoned (AZ-05-024) with a development agreement (DA) (Inst. 105164027). The recorded DA restricts the use of the site for a church. VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the existing development agreement (DA) approved with the annexation for this property. The applicant proposes to modify Section 5, Conditions Governing Development of Subject Property, of the DA (Instrument No. 105164027) to allow the construction of a wireless communication facility. Specifically, the DA restricts the uses of the property to the existing church use and associated activities. For illustrative purposes, the applicant has submitted a site plan that depicts the location of the facility on the site. The type of facility that the applicant has proposed is called a slimline tower. In the L-O district the wireless communication facility is a principally permitted use if it falls into one of several categories, of which slimeline facilities are included. The proposed slimline facility is subject to the specific use standards set forth in UDC 11-4-3-43. Final design of the facility and compliance with these standards will be verified with a certificate of zoning compliance application. Staff recommends approval of the development agreement modification as proposed in Exhibit A.3 of the staff report. T-Mobile – MDA H-2016-0091 3 VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Site Plan 3. Proposed Change to the Development Agreement T-Mobile – MDA H-2016-0091 4 Exhibit A.1: Vicinity/Zoning Map T-Mobile – MDA H-2016-0091 5 Exhibit A.2: Proposed Site Plan T-Mobile – MDA H-2016-0091 6 Exhibit A.3: Proposed Changes to the Development Agreement Pages 3-4 5. Conditions Governing Development of Subject Property: 5.1 “Owners” and/or “Developer” shall develop the “Property” in accordance with the following special conditions: 5.1.1 That the following be the only allowed uses on this property: churches, their associated uses and wireless communication facilities.