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T-Mobile - MDA H-2016-0091CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0091 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Existing Development Agreement for T- Mobile, by T-Mobile. Case No(s). H-2016-0091 For the City Council Hearing Date of: September 20, 2016 (Findings on October 4, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 20, 2016, 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 City Council 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 April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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 Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 20, 2016, incorporated by reference. The conditions are concluded to CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0091 - 2 - be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the development agreement is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 20, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting the modification (UDC 11-5B-3F). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application 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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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 September 20, 2016 By action of the City Council at its regular meeting held on the � day of &c -k 6e&- 2016. er2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIF, BREAKER) Attest: C. Uay Co City Clerk VOTED *4 VOTED &1' VOTED / C4 VOTED X64 VOTED Y6& VOTED Ya VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Ack " Dated: I / City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0091 - 3 - EXHIBIT A 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. The Meridian City Council heard these items on September 20, 2016. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Kalab Cox, Keri Motley ii. In opposition: Samantha LaPoint, iii. Commenting: None iv. Written testimony: John Boubek v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Health risks associated with living near cell towers ii. Proximity to existing single-family homes iii. The poor cell service in the area c. Key Issues of Discussion by Council: i. Appearance of the slimline pole ii. Potential to design a pole that looks more appealing iii. Allowing a DA condition that only allows for a slimline tower, instead of any that would be allowed in the zoning district. d. Key Council Changes to Staff/Commission Recommendation i. Modify condition 5.1.1 to read as follows: That the following be the only allowed uses on this property: churches, their associated uses and a single slimline and wireless communication facilitiesy. 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 EXHIBIT A T-Mobile – MDA H-2016-0091 2 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 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. EXHIBIT A T-Mobile – MDA H-2016-0091 3 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. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Site Plan 3. Proposed Change to the Development Agreement EXHIBIT A T-Mobile – MDA H-2016-0091 4 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A T-Mobile – MDA H-2016-0091 5 Exhibit A.2: Proposed Site Plan EXHIBIT A 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.