Loading...
Hill's Century Farm Wireless Communication Facility H-2018-0087 CUPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0087 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit for a Wireless Communication Facility in an R-8 Zoning District at Hill’s Century Farm, Located off the Southeast Corner of E. Amity Rd. and S. Eagle Rd., by Powder River Development Services, LLC on Behalf of Horizon Tower and Verizon. Case No(s). H-2018-0087 Hill’s Century Farm Wireless Communication Facility For the Planning & Zoning Commission Hearing Date of: February 7, 2019 (Findings on February 21, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 7, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 7, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 7, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 7, 2019, 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. 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 Chairman of the Commission and City Clerk and then a copy served by the Clerk Meridian City Council Meeting Agenda February 21, 2019 – Page 25 of 202 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0087 Page 2 upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of February 7, 2019, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order 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 approved in accord with the conditions of approval in the staff report for the hearing date of February 7, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. 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. F. Attached: Staff report for the hearing date of February 7, 2019 Meridian City Council Meeting Agenda February 21, 2019 – Page 26 of 202 By action of the Planning & Zoning Commission at its regular meeting held on the day of 2019. COMMISSIONER JESSICA PERREAULT, CHAIRMAN VOTED e COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED COMMISSIONER ANDREW SEAL VOTED___ COMMISSIONER LISA HOLLAND VOTED COMMISSIONER WILLIAM CASSINELLI VOTED COMMISSIONER REID OLSEN VOTED sica P eault, Chairman �PSED Ate, . QO P Attest: �° 2 City of V C.�VI E IDIAN IDAHO , 0.aiy4C'dty Vf I Clerk SEAL `�2r off. 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: Dated: Z 4 .1 � City lerk' c CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0087 Page 3 EXHIBIT A Page 1 HEARING DATE: 2/7/2019 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0135 Hill’s Century Farm Wireless Communication Facility LOCATION: Generally located off the southeast corner of E. Amity Rd. and S. Eagle Rd., in the NW ¼ of Section 33, T.3N., R.1E. I. PROJECT DESCRIPTION Conditional use permit for a wireless communication facility in an R-8 zoning district, by Powder River Development Services, LLC. II. PROJECT SUMMARY STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 39.71 Future Land Use Designation MU-N Existing Land Use Agricultural (farm land) and a single-family residence Proposed Land Use(s) Wireless communication facility (100’ tall monopine cell tower) Current Zoning R-8 Proposed Zoning NA Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: 7/24/2018; 0 attendees History (previous approvals) CPAM-15-001; AZ-15-004 (DA #2015-061375); RZ-15- 007; PBA-15-012; H-2016-0092 (1st addendum to DA #2016-119080); H-2018-0127 (2nd addendum to DA - Findings have been approved but the DA has not yet been signed) Meridian City Council Meeting Agenda February 21, 2019 – Page 28 of 202 Page 2 III. PROJECT AREA MAPS Future Land Use Map Aerial Map III. APPLICANT INFORMATION A. Applicant: Horizon Tower/Verizon Wireless c/o Powder River Development Services, LLC 408 S. Eagle Rd., Ste. 200, Eagle, ID 83616 Zoning Map Planned Development Map Meridian City Council Meeting Agenda February 21, 2019 – Page 29 of 202 Page 3 B. Owners: Martin Hill, Hill & Hill Properties LP – 3625 E. Amity Rd., Meridian, ID 83642 Brighton Corporation – 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713 C. Representative: Zack Williams, Powder River Development Services, LLC on behalf of Horizon Tower and Verizon – 408 S. Eagle Rd., Ste. 200, Eagle, ID 83616 IV. NOTICING Planning & Zoning Posting Date Legal notice published in newspaper 1/18/2019 Radius notification mailed to properties within 300 feet 1/15/2019 Nextdoor posting 1/15/2019 Public hearing notice sign posted on property 1/22/2019 V. STAFF ANALYSIS A. Comprehensive Plan (Comprehensive Plan) The Comprehensive Plan Future Land Use Map (FLUM) designates the subject property as Mixed Use – Neighborhood (MU-N). The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Non-residential uses in these areas tend to be smaller scale and provide a good or service that people typically do not travel far for (approximately 1 mile) and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): The proposed development demonstrates compliance with the following policies of the Plan:  “Provide facilities and services that keep up with growth.” (3.01.01) The proposed wireless facility will provide for the communication needs of residents/travelers in the southeast portion of the City.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The Applicant proposes to utilize an existing access via S. Eagle Rd. to the Idaho Power substation to the north to access this site; no new accesses via the arterial street (Eagle Rd.) are proposed. An access easement is necessary from Idaho Power for the proposed access.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The closest residential property to the project site that is not separated by an arterial street is approximately 900’ south of the project site in Hill’s Century Farm Subdivision. Meridian City Council Meeting Agenda February 21, 2019 – Page 30 of 202 Page 4 B. Existing Structure(s)/Site Improvements: The majority of this 39.7 acre parcel is being farmed; there is a single-family residence and accessory structure located at the southeast corner of the parcel approximately 1,200 feet away. C. Site Plan: A site plan was submitted with this application that depicts how the northwest corner of the subject parcel is proposed to develop with a 20’ x 70’ (1,400 square foot) fenced lease area for a 100-foot tall monopine cell tower and associated equipment for Verizon Wireless (see Section VII.B). The tower will be co-locatable for a total of up to four (4) carriers and will support panel antennas; ground mounted equipment will be located within the fenced enclosure. The project site is part of a larger 39.7 acre parcel of which the existing uses will remain the same. D. Proposed Use Analysis: The proposed wireless communication facility is listed as an allowed use in the R-8 zoning district with conditional use approval and is subject to the specific use standards listed in UDC 11-4-3-43: Wireless Communication Facility (see below analysis). The proposed use is not specifically listed as a desired use in the MU-N designation in the Comprehensive Plan although it will provide communication service for the surrounding area. The proposed facility will add to Verizon’s existing network and provide improved services to customers and improved calling/data capacity improving overall system performance. Maintenance visits only occur about once a month, therefore traffic to this site will be minimal. The Applicant submitted a vicinity map showing locations of existing towers (5) within 2.3 miles of the site with the nearest being one (1) mile away (see Section VII.D). Propagation maps were also submitted showing the current coverage area and the coverage area after the proposed tower is constructed (see Section VII.E) E. Specific Use Standards (UDC 11-4-3-43): (Staff’s comments in italics) Process (11-4-3-43C): 1. All proposed communication towers shall be designed (structurally and electrically) to accommodate the applicant's antennas as well as collocation for at least one additional user. The proposed tower will accommodate up to a total of 4 carriers using a stealth design. 2. A proposal for a new commercial communication tower shall not be approved unless the decision making body finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved structure and/or tower. The Applicant’s Network Engineer submitted a letter stating the existing towers in the area do not meet all requirements (i.e. height and/or location) to function reasonably to address their coverage gap in the area. 3. It shall be the burden of the applicant to demonstrate the proposed tower or antenna cannot be accommodated on an existing or approved tower or structure. One or more of the following documentation shall be provided as proof that the new tower is necessary: a. Unwillingness of other tower or facility owners to entertain shared use. b. The proposed collocation of an existing tower or facility would be in violation of any state or federal law. c. The planned equipment would exceed the structural capacity of existing towers, as documented by a qualified and licensed structural engineer. Meridian City Council Meeting Agenda February 21, 2019 – Page 31 of 202 Page 5 d. The planned equipment would cause interference, materially impacting the usability of other existing or planned equipment on the tower as documented by a qualified and licensed engineer. e. Existing or approved towers cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified radio frequency engineer. The Applicant’s Network Engineer submitted a letter stating the existing towers in the area do not meet the height and/or location requirements to function reasonably. Stealth tower facilities are required to meet the following standards (11-4-3-43C.5): 1. Stealth towers in residential districts with allowed nonresidential uses shall require conditional use permit approval. In all other districts, stealth towers shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. The Applicant is requesting conditional use approval with this application. 2. Facilities shall meet the setbacks of the zoning district, except for facilities on a property abutting a residential use or a public right of way shall be set back a distance equal to the height of the tower. The facility is set back more than 100’ from the adjacent right-of-way of S. Eagle Rd. Although there aren’t existing residences within 100’ of the proposed tower, the concept development plan approved for the adjacent area is for residential uses; therefore, Staff recommends the subject site area is expanded to the west, east and south a minimum of 100 feet from the location of the tower to accommodate the required setback. If the land use of the adjacent area changes to a non-residential use in the future, the site area could be reduced per the setbacks of the zoning district. 3. Any facilities not meeting these standards shall require approval of a conditional use permit, in addition to any other necessary permits. As proposed, the project site area does not allow for a 100 foot setback from future residential uses; if a lesser setback is deemed to be appropriate by the Commission, it should be part of the subject conditional use approval. Required Documentation: 1. For all wireless communication facilities, a letter of intent committing the tower owner and his, her or its successors to allow the shared use of the tower, as required by this section, if an additional user agrees in writing to meet reasonable terms and conditions for shared use. A Letter of Intent was submitted with this application as required and is included in Section VII.F. 2. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be in the chosen location. Propagation maps were submitted and included in Section VII.E demonstrating current transmission coverage and the transmission coverage anticipated with the proposed facility. 3. A statement regarding compliance with regulations administered and enforced by the federal communications commission (FCC) and/or the federal aviation administration (FAA). A statement was submitted with this application as required and is included in Section VII.G. Design Standards (11-4-3-43E): All new communication towers shall meet the following minimum design standards: 1. All towers shall be designed to be architecturally compatible with the surrounding buildings and land uses in the zoning district, or otherwise integrated to blend in with existing characteristics of the site. There are no existing buildings/structures adjacent to this site Meridian City Council Meeting Agenda February 21, 2019 – Page 32 of 202 Page 6 except for the Idaho Power substation to the north; residential uses are planned to the south and east of this site per the conceptual development plan approved for this site although a self-service storage facility may request approval to develop to the east. The proposed monopine (i.e. pine tree) design should blend in with future uses in this area. 2. The facility shall be painted a neutral, non-reflective 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. The proposed pine tree design should blend in with future surrounding landscape. 3. All new communication tower facilities shall be of stealth or monopole design, unless the decision making body determines that an alternative design would be appropriate because of location or necessity. The proposed wireless facility is a stealth/monopole design resembling a tall pine tree. 4. 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. When the property is subdivided in the future to create a lot for the proposed wireless facility, compliance with this standard is required. 5. The facility shall not be allowed within any required street landscape buffer. The facility is proposed outside of any required street buffers. 6. All new communication tower facility structures require administrative design review approval, in addition to any other necessary permits. Structures contained within an underground vault are exempt from this standard. The Applicant shall submit and obtain approval of a Design Review application concurrent with the Certificate of Zoning Compliance application for approval of the facility prior to application for a building permit. 7. Any equipment at ground level shall be screened by a sight obscuring fence or structure. The facility is proposed to be screened by a sight obscuring fence; ground level equipment will be contained within the fenced area. 8. All tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip of at least five feet (5') wide outside the perimeter of the compound. A minimum of fifty percent (50%) of the plant material shall be of an evergreen variety. In locations where the visual impact of the tower is minimal, the applicant may request a reduction to these standards through the alternative compliance process in accord with chapter 5, "Administration", of this title. The Applicant submitted a request for Director approval of alternative compliance to these landscape standards based on the existence of a 35-foot wide landscape buffer immediately to the north of the proposed site on the Idaho Power substation site. The Applicant doesn’t feel a landscape buffer is necessary for the east and west sides of this site as a storage facility is planned surrounding the project site; and a buffer on the south side of the project site is not feasible due to the necessity for the area to be open for easement access for maintenance visits. Because residential uses have been conceptually approved to develop on the adjacent property to the west, east and south of the project site, not a storage facility, the Director is not supportive of the request for alternative compliance. Additionally, because a 100 foot setback is required to residential uses, this should accommodate the area necessary to provide the landscape buffer outside of the area needed for an access easement on the south. Therefore, the Director denies the request for alternative compliance and requires the Applicant provide a landscape buffer around the facility in accord with this standard. If at some point in the future, the adjacent land use changes to a non-residential use, a Meridian City Council Meeting Agenda February 21, 2019 – Page 33 of 202 Page 7 subsequent request for alternative compliance may be appropriate but it’s not appropriate at this time. 9. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed except when the tower is being serviced. The Applicant’s narrative states that due to the stealth design of the tower resembling a pine tree, it will not have climbing pegs exposed within the bottom 20’ of the tower. F. Dimensional Standards (UDC Table 11-2A-6): Development is required to comply with the dimensional standards listed below for the R-8 district. Staff has reviewed the proposed site plan and deems it in compliance with the required standards. G. Access (UDC 11-3A-3): Access is proposed via the existing driveway for the Idaho Power substation. An easement shall be obtained from Idaho Power for use of this driveway; a copy of the recorded easement should be submitted with the Certificate of Zoning Compliance application. H. Parking (UDC Table 11-3C-6): The proposed use does not require parking; when service vehicles enter the site they can park within the enclosed area. I. Pathways (UDC 11-3A-8, 11-3B-12C): There are no pathways depicted on the Pathways Master Plan across this site; therefore, no pathways are required. Meridian City Council Meeting Agenda February 21, 2019 – Page 34 of 202 Page 8 J. Sidewalks (UDC 11-3A-17): This site is not adjacent to a street; therefore, a sidewalk is not required. K. Waterways (UDC 11-3A-6): There are no waterways that cross this site. L. Fencing (UDC 11-3A-7): All new fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall chainlink fence with slats is proposed to be constructed around the perimeter of the development to screen the mechanical equipment. Chain-link fencing with slats is not allowed as a screening material per UDC 11-3B-5M; the fencing material should be revised to reflect an acceptable closed vision material (i.e. vinyl or wood). M. Utilities (UDC 11-3A-21): All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Because facilities are not proposed on this site that require sewer service, connection to City sewer is not required for this development; connection to City water service is required for irrigation purposes. If the requirement for a perimeter landscape buffer is determined in the future to not be required for this development through the alternative compliance process, connection to the City water system should not be required. N. Pressure Irrigation (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for the development as set forth in UDC 11-3A-15. The Applicant may be able to tie into Idaho Power’s irrigation system with their consent. If the requirement for a perimeter landscape buffer is determined in the future to not be required for this development through the alternative compliance process, a pressurized irrigation system shall not be required. O. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments; design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. P. Lighting (UDC 11-3A-11) All outdoor lighting provided on the site is required to comply with the standards listed in UDC 11-3A-11. Q. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Building elevations were submitted for the proposed monopine tower as shown in Section VII.C. R. Certificate of Zoning Compliance (CZC)/Design Review (DR): An application for a CZC and DR is required to be submitted for review and approval of the site design and structure to ensure consistency with UDC standards, design standards listed in the Architectural Standards Manual and provisions in this report prior to submittal of building permit applications for the development. Meridian City Council Meeting Agenda February 21, 2019 – Page 35 of 202 Page 9 VI. DECISION A. Staff: Staff finds the proposed use complies with the applicable UDC standards; therefore, Staff recommends approval of the Applicant’s request for Conditional Use Permit. Because the Applicant is not proposing an alternative means of compliance for the requirements in UDC 11-4- 3-43E.8, the Director has denied the Alternative Compliance application. B. The Meridian Planning and Zoning Commission heard this item on February 7, 2019. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Zack Williams, Applicant’s Representative ii. In opposition: Sally Reynolds; Denise LaFever iii. Commenting: David Palumbo iv. Written testimony: Caleb & Mary Bennett; Laddie & Andrea Tlucek; Susan Karnes, Southern Rim Coalition; Dean Kidd; Robin Willeman; Helen & Kent Tjemsland v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key Issues of Public Testimony: i. The proximity of other towers in the area that could possibly allow collocation of the proposed equipment; ii. Concern pertaining to loss of property values in the area if a cell tower is approved; iii. Preference for the cell tower to be located in a non-residential area; iv. Health concerns relating to wireless facilities in close proximity to existing and future residential neighbors; c. Key Issues of Discussion by Commission: i. The public will be aware of the cell tower if they choose to buy a home in the future residential area adjacent to the site; ii. The need for a cell tower in this location for wireless coverage in the area. iii. Agreement that a 100’ separation should be provided between the tower and future residential lots. d. Key Commission Changes to Staff Recommendation: i. None Meridian City Council Meeting Agenda February 21, 2019 – Page 36 of 202 Page 10 B. VII. EXHIBITS A. Approved Conceptual Development Plan Meridian City Council Meeting Agenda February 21, 2019 – Page 37 of 202 Page 11 B. Site Plan Meridian City Council Meeting Agenda February 21, 2019 – Page 38 of 202 Page 12 C. Elevations Meridian City Council Meeting Agenda February 21, 2019 – Page 39 of 202 Page 13 D. Existing Cell Tower Locations Meridian City Council Meeting Agenda February 21, 2019 – Page 40 of 202 Page 14 E. Propagation Study Maps Site Site Meridian City Council Meeting Agenda February 21, 2019 – Page 41 of 202 Page 15 F. Letter of Intent Meridian City Council Meeting Agenda February 21, 2019 – Page 42 of 202 Page 16 G. FAA/FCC Compliance Letter Meridian City Council Meeting Agenda February 21, 2019 – Page 43 of 202 Page 17 H. Letter from Network Engineer Meridian City Council Meeting Agenda February 21, 2019 – Page 44 of 202 Page 18 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Conditional Use Permit 1.1 Site Specific Conditions 1.1.1 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-43: Wireless Communication Facility. 1.1.2 The site plan included in Section VII.B is approved with the following modifications: a. Depict sight obscuring fencing around the facility as set forth in UDC 11-4-3-43E.7. Chainlink fencing with slats does not qualify as a screening material per UDC 11-3B-5M. b. The boundary of the site shall be expanded to the west, east and south to allow for a minimum 100 foot setback from the tower to future planned residential uses in accord with UDC 11-4-3-43C.5b, unless otherwise approved by the Commission through the subject (or subsequent) conditional use permit. If the land use of the adjacent area changes to a non- residential use, the site boundary could be revised per the setbacks of the zoning district. c. Depict a minimum 5-foot wide landscape strip outside the perimeter of the compound with a minimum of 50% of the plant material of an evergreen variety in accord with UDC 11-4-3- 43E.8. If the residential land use of the adjacent property changes in the future to a non- residential use and the visual impact of the tower is minimal, Alternative Compliance may be requested to reduce these standards as set forth in UDC 11-5B-5. Such modifications should be shown on revised plans submitted with the Certificate of Zoning Compliance application. 1.1.3 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 as set forth in UDC 11-4-3- 43E.4. Any future subdivision of land shall allow for compliance with this standard. 1.1.4 All climbing pegs within the bottom twenty feet (20') of the tower shall be removed except when the tower is being serviced as set forth in UDC 11-4-3-43.E.9. 1.1.5 An easement shall be obtained from Idaho Power for use of this driveway; a copy of the recorded easement shall be submitted with the Certificate of Zoning Compliance application. 1.1.6 An underground pressurized irrigation system is required to be provided for the development for irrigation purposes as set forth in UDC 11-3A-15. If the requirement for a perimeter landscape buffer is determined in the future to not be required for this development through the alternative compliance process, a pressurized irrigation system shall not be required. 1.1.7 This development is required to connect to the City water system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Because facilities are not proposed on this site that require sewer service, connection to City sewer is not required for this development; connection to City water service is required for irrigation purposes. If the requirement for a perimeter landscape buffer is determined in the future to not be required for this development through the alternative compliance process, connection to the City water system shall not be required. 1.1.8 An adequate storm drainage system is required in all developments; design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Meridian City Council Meeting Agenda February 21, 2019 – Page 45 of 202 Page 19 1.1.9 The Applicant/use shall comply with regulations administered and enforced by the federal communications commission (FCC) and/or the federal aviation administration (FAA). A statement of compliance with these regulations was submitted with this application and is included in Section VII.G. 1.1.10 The Applicant shall allow shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use as required by UDC 11-4-3-43D.1 as agreed upon in the Letter of Intent included in Section VII.F. 1.1.11 The conditional use permit shall be valid for a maximum period of two (2) years unless otherwise approved by the city. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. 1.1.12 A Certificate of Zoning Compliance and Design Review application is required to be submitted prior to submittal of a building permit application for review and approval of the proposed site design and structure to ensure consistency with Unified Development Code standards, design standards listed in the Architectural Standards Manual, and provisions in this report. The 2nd Addendum to the Development Agreement approved with H-2018-0127 allowing development of a wireless communication facility on this site shall be recorded prior to submittal of these applications. B. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/154419/Page1.aspx C. DEPARTMENT OF ENVIRONMENT QUALITY (DEQ) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=154429 D. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=154690 E. BOISE PROJECT BOARD OF CONTROL http://weblink.meridiancity.org/weblink8/0/doc/153921/Page1.aspx IX. FINDINGS A. Conditional Use Permit (UDC 11-5B-6) Required Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. 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 Commission finds that if the Applicant complies with the conditions of approval in Section VIII, the subject property will be large enough to accommodate the proposed use and the dimensional & development regulations of the R-8 district and those listed in the specific use standards (see Analysis Section V for more information). Meridian City Council Meeting Agenda February 21, 2019 – Page 46 of 202 Page 20 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Commission finds that the proposed use will be consistent and harmonious with the UDC and the Comprehensive Plan if the Applicant develops the site consistent with the conditions of approval included in Section VIII. 3. 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 if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, the stealth design of the facility that resembles a pine tree should blend with existing and future landscaping in the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. 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. The site will be unmanned, therefore the Commission finds no additional facilities other than telco, fiber and power are required. The access driveway will accommodate fire trucks in the event of an emergency. 6. 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 development. The Commission 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. 7. 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. The Commission finds the proposed use should not be detrimental to any persons, property or the general welfare of the area. 8. 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. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. B. Alternative Compliance Required Findings: In order to grant approval for an alternative compliance application, the Director shall determine the following: (Ord. 10-1439, 1-12-2010, eff. 1-18-2010) 1. Strict adherence or application of the requirements are not feasible; or Meridian City Council Meeting Agenda February 21, 2019 – Page 47 of 202 Page 21 The Director finds compliance with the requirements listed in UDC 11-4-3-43E.8 is feasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds no alternative means of meeting the requirements is proposed other than the facility possibly being located within a storage facility, which at this time is not an approved use on the adjacent property. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds there is no alternative means for compliance other than not providing no buffer at all. Meridian City Council Meeting Agenda February 21, 2019 – Page 48 of 202