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
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Copy served upon the Applicant, the Planning and Development Services divisions of the Community
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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
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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.
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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
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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
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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
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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
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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
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B.
VII. EXHIBITS
A. Approved Conceptual Development Plan
Meridian City Council Meeting Agenda February 21, 2019 – Page 37 of 202
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B. Site Plan
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C. Elevations
Meridian City Council Meeting Agenda February 21, 2019 – Page 39 of 202
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D. Existing Cell Tower Locations
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E. Propagation Study Maps
Site
Site
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F. Letter of Intent
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G. FAA/FCC Compliance Letter
Meridian City Council Meeting Agenda February 21, 2019 – Page 43 of 202
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H. Letter from Network Engineer
Meridian City Council Meeting Agenda February 21, 2019 – Page 44 of 202
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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
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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).
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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
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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