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Stor-It-Self Storage H-2017-0112CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0112 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit to operate a 100-foot wireless communication facility in a C-G zoning district, Located at 1776N. Avest Lane, by Justin Hadley, Smartlink. Case No(s). H-2017-0112 For the Planning & Zoning Commission Hearing Date of: September 7, 2017 (Findings on September 21, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 7, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 7, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 7, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 7, 2017, 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 April 19, 2011, Resolution No. 11-784 and Maps. 3. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That the City has granted an order of denial 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. 5. That this denial is subject to the Legal Description in Exhibit A. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0112 Page 2 Pursuant to the Planning & Zoning Commission’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 conditional use permit is hereby denied. D. 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 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 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. action of the Planning & Zoning Commission at its regular meeting held on the day of 2017. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED VeCt COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN COMMISSIONER STEVEN YEARSLEY COMMISSIONER GREGORY WILSON COMMISSIONER TREG BERNT COMMISSIONER WILLIAM CASSINELLI COMMISSIONER JESSICA PERREAULT Rh da McCarvel, Chairman Attest: Go�o"TUT AUCs},, �E City of IDIA N C.J Coles, ty Clerk 3 'Ft tt EAL . y� d �Pv VOTED VOTED._ to VOTED VOTED 1/rte VOTED_T VOTED Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department, the Public Works Department and the City Attorney. By:(hAuDated: 9-699 -961-7 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0112 Page 3 Exhibit A Stor-It Self Storage (H-2017-0112) PAGE 1 STAFF REPORT Hearing Date: September 7, 2017 TO: Planning & Zoning Commission FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: AT&T - Stor-it Self Storage (H-2017-0112) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Justin Hadley, has applied for conditional use permit (CUP) approval to operate a 100- foot wireless communication facility in a C-G zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission heard this item on September 7, 2017. At the public hearing, the Commission moved to deny the subject conditional use permit request. a. Summary of Commission Public Hearing: i. In favor: ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2017-0112, as presented in the staff report for the hearing date of September 7, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2017-0112, as presented during the hearing on September 7, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0112 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Exhibit A Stor-It Self Storage (H-2017-0112) PAGE 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: 1776 N. Avest Lane Located in the southwest ¼ of Section 5, Township 3 North, Range 1 East B. Owner(s): Stor-It Self Storage 1776 N. Avest Lane Meridian, ID 83642 C. Applicant/Representative: Justin Hadley, Smartlink 110 E. 1750 N. Orem, UT 84057 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 18, 2017 C. Radius notices mailed to properties within 1,000 feet on: August 10, 2017 D. Applicant posted notice on site by: August 25, 2017 VI. LAND USE A. Existing Land Use(s) and Zoning: The site where the wireless communication facility is proposed is currently zoned C-G and is developed with a self-storage facility. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Mirage Meadows Subdivision, zoned R-4 West: N. Locust Grove Road, single-family residential homes, zoned RUT and commercial offices, zoned L-O. South: Fred Meyer, zoned C-G East: Dove Meadows Subdivision, zoned R-8 C. History of Previous Actions:  In 1995, a final plat was approved for the site as Avest Plaza Subdivision.  In 1996, the existing Stor-It facility was constructed.  There are two existing cell towers on the subject property (CZC-01-044, CZC-05-133) (Exhibit A.3) D. Utilities: 1. Public Works: a. Location of sewer: No utilities required Exhibit A Stor-It Self Storage (H-2017-0112) PAGE 3 b. Location of water: No utilities required c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: None 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property is not within the floodplain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated “Commercial” on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 105), commercial designated areas, “will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone.” Staff finds that the proposed development is consistent with desi red land use in the Commercial land use designated area, and should contribute to the variety of uses and dwelling unit options for seniors in the area. Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter 3, pg. 52). The subject property is bordered by residential subdivisions on the north and east. The proposed facility will be located near the corner of E. Loop Lane and N. Locust Grove Road, approximately 400 feet away from the closest residential property line. The other residences in the area have a greater setback from the facility. Because the proposed facility is located near the southwest corner of the subject property and is setback a large distance from the adjacent residences, staff is of the opinion said facility is compatible with the adjacent land uses. Additionally, the proposed wireless facility is not changing the primary use of the property and will not generate excessive levels of noise, odors or traffic.  Provide facilities and services that keep up with growth (Chapter 3, pg. 45). The addition of the proposed wireless communication facility will allow A T &T to provide better service coverage in this area and replace an existing facility that will be coming offline because the lease is not being renewed. This facility is located less than a mile southwest of the proposed facility. The proposed tower will also allow for collocation for two (2) other service providers in the area thereby reducing the potential for expansion of other cellular facilities in the area. After considering all of these factors staff believes that the proposed use is generally consistent with comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE A. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted, accessory, conditional, and prohibited uses in the R-4 zoning district. The proposed wireless Exhibit A Stor-It Self Storage (H-2017-0112) PAGE 4 communication facility is listed as a conditional use in the R-4 district. There are specific use standards for wireless communication facilities listed in UDC 11-4-3-43. B. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-3 for the R-4 zoning district apply to this site. (Note: The maximum height limitations do not apply to wireless communication facilities per UDC 11-2B-3A.3b.) IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests conditional use permit (CUP) approval of a wireless communication facility in an R-4 zoning district on the Stor-It storage facility. The applicant proposes to place the communication equipment at the top of a new 100 foot pole and construction of an equipment shelter that will house all of the electronic equipment. Specific Use Standards (UDC 11-4-3-43): The UDC contains specific use standards for wireless communication facilities. The applicant’s narrative provides justification for the new facility. However, the required engineering documentation has not been provided with the subject application. Per the specific use standards, any wireless provider that locates within the lease area must provide documentation from a licensed engineer in accord with UDC 11-4-3-43D. Certificate of Zoning Compliance: The applicant is required to submit an application for Certificate of Zoning Compliance for the proposed use prior to establishment of the new use in accord with UDC 11-5B-1. Each service provider will be required to obtain CZC approval prior to commencement of the use and comply with all wireless communication specific use standards outlined in the UDC. Design Review: The applicant is also required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. Staff recommends approval of the applicant’s request subject to the conditions of approval listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan (dated: 06/15/17) 3. Location of Existing Cell Towers 4. Elevations (dated: 06/07/12) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code Exhibit A Exhibit A Page | 1 Exhibit A.1: Vicinity Map Exhibit A Exhibit A Page | 2 Exhibit A.2: Site Plan (dated: 06/15/17) Exhibit A Exhibit A Page | 3 Exhibit A.3: Location of Existing Cell Towers Location of proposed facility Location of existing facility Location of existing facility Exhibit A Exhibit B Page | 1 Exhibit A.4: Elevations (dated: 06/07/12) Exhibit A Exhibit B Page | 1 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site plan prepared by Centerline Solutions (dated: June 15, 2017) contained in Exhibit A is approved as shown. 1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-43 for wireless communication facilities. 1.3 Prior to the issuance of a CZC, the applicant must submit the required engineering documentation in accord with UDC 11-4-3-43D. 1.4 The applicant shall submit an application for certificate of zoning compliance and administrative design review for each wireless communication provider prior to the establishment of the new use. 1.5 The applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) of approval, a time extension may be requested in accord with UDC 11-5B-6F prior to expiration. If a time extension is not requested or granted and the CUP expires, a new conditional use permit must be obtained. 1.6 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no issues or concerns with this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments related to this application. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACHD will not be taking any action on this application. 7. PARKS DEPARTMENT 7.1 The Parks Department has no comments related to this application. Exhibit A Exhibit C Page | 1 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. 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 Planning and Zoning Commission finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district. The maximum height limitations do not apply to wireless communication facility (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Planning and Zoning Commission finds that the proposed use is not consistent with the Comprehensive Plan future land use map designation of Civic for this site. Further, the Planning and Zoning Commission finds the proposed use of the site is not consistent with the Comprehensive Plan. c. 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 the general design, construction, operation and maintenance of the wireless communications facility use will not be compatible with existing residential uses in the vicinity and with the existing and intended character of the area based on testimony provided a the public hearing. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Planning and Zoning Commission finds approval of the proposed project will adversely affect other properties in the vicinity based on testimony provided at the public hearing from nearby residents. e. 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 proposed use will be served adequately by all of the public facilities and services listed above. f. 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 the proposed use. Staff 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. Exhibit A Exhibit C P a g e | 2 g. 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. Staff finds the proposed use will not involve any of the above listed activities or processes that would be detrimental to persons, property, or the general welfare. h. 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. Staff finds the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature.