PZ - Staff Report 2-20
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HEARING
DATE:
2/20/2020
TO: Planning & Zoning Commission
FROM: Joseph Dodson, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0115
Day Wireless Systems, Wireless
Communication Facility
LOCATION: The site is located at 1668 E. Franklin
Road, in the SW ¼ of Section 8,
Township 3N., Range 1E.
I. PROJECT DESCRIPTION
Conditional use permit for a new 125-foot tall (self-support steel lattice tower) wireless
communication facility in the I-L zoning district that doesn’t comply with UDC 11-4-3-43C.8, which
prohibits lattice designed structures, as required by UDC 11-4-3-43C-10, by Day Wireless.
II. PROJECT SUMMARY
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 2.5
Future Land Use Designation General Industrial
Existing Land Use Industrial/Flex Building with associated parking lots.
Proposed Land Use(s) Wireless communication facility (125’ tall self-supporting steel
tower for emergency responder radio antennae)
Current Zoning I-L
Proposed Zoning N/A
Physical Features (waterways,
hazards, flood plain, hillside)
None
Neighborhood meeting date; # of
attendees:
August 13, 2019; 6 attendees
History (previous approvals) H-2017-0121; DA Instrument #2017-119617; CZC &
DES A-2018-0370.
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III. PROJECT AREA MAPS
Future Land Use Map Aerial Map
III. APPLICANT INFORMATION
A. Applicant:
Annie Wymer c/o Day Wireless
7117 SW Beveland Road, Suite 101, Tigard, OR 97223
B. Owners:
Idaho Communications, LLC dba Day Wireless Systems
Zoning Map
Planned Development Map
Page 3
4700 SE International Way, Milwaukie, OR 97222
C. Representative:
Same as Applicant
IV. NOTICING
Planning & Zoning
Posting Date
Legal notice published in
newspaper 1/31/2020
Radius notification mailed to
properties within 1000 feet 1/28/2020
Nextdoor posting 1/28/2020
Public hearing notice sign posted
on property 2/7/2020
V. STAFF ANALYSIS
A. Comprehensive Plan (Comprehensive Plan)
The Comprehensive Plan Future Land Use Map (FLUM) designates the subject property as
General Industrial. The purpose of the General Industrial designation is to allow a range of uses
that support industrial and commercial activities. Industrial uses may include warehouses, storage
units, light manufacturing, flex, and incidental retail and office uses. In some cases uses may
include processing, manufacturing, warehouses, storage units, and industrial support activities.
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 & 3.01.01H)
Day Wireless Systems provides radio communication services (two-way radios) that are used
by first responders and for pagers in hospitals. The proposed facility will help provide these
types of communication services to their service populations.
• “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
The property already utilizes two existing access points to this site; one via E. Franklin Road,
and one via N Locust Grove Road. No new accesses via the arterial streets are proposed.
• “Encourage industrial development to locate adjacent to existing industrial uses.” (3.06.01C)
The proposed wireless facility is adjacent to multiple existing industrial uses and Staff
believes it is compatible in general design and function to the existing facilities surrounding
this parcel.
• “Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The closest residential property to the project site is separated by an arterial street and
Fivemile Creek and is approximately 500’ south of the project site in the Shallow Creek
Subdivision.
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B. Existing Structure(s)/Site Improvements:
The majority of this 2.5 acre site is developed with a multi-tenant flex building and associated
parking, design, and landscaping. Day Wireless Systems has a network operations center in one
of the tenant spaces.
C. Site Plan:
A site plan was submitted with this application that depicts how the northeast corner of the
subject parcel is proposed to develop with a 24.5’ x 24.5’ (600 square feet) tower foundation for a
125-foot tall steel lattice self-supported tower and associated equipment for Day Wireless
Systems (see Section VII.A). The tower will be co-locatable for at least one (1) additional user
and will support panel antennas; there is no ground mounted equipment being proposed with this
application. The project site is part of a larger 2.5 acre parcel on which a multi-tenant flex
building and related improvements have been approved.
D. Proposed Use Analysis:
The proposed wireless communication facility is listed as a permitted use in the I-L zoning
district. With conditional use permit approval, the tower may be of alternative design and is
always subject to the specific use standards listed in UDC 11-4-3-43: Wireless Communication
Facility (see below analysis). A monopole wireless tower is permitted by right and would only
require a Certificate of Zoning Compliance and Design Review application. However, the
proposed tower design (steel lattice) is only allowed through a conditional use permit as stated
in UDC 11-4-3-43. The applicant states the additional support from a steel lattice design offers
better long-term sustainability for towers at the 125’ height proposed.
The proposed facility will allow for continued service to support first responders and internal
hospital communications; this facility will help provide service for two-way radio and is the
companies’ replacement of two (2) facilities in Boise, ID.
Due to the type of wireless communication this tower provides (radio antennae for life-safety
two-way radios), propagation maps are not required at this time. If other wireless
communication equipment is collocated onto this tower, propagation maps will be required.
Note that Ada County has issued a denial letter to Day Wireless Systems regarding their
request to collocate on their existing tower, located at 963 E. Pine Ave., approximately ½ mile
away from this site. Ada County dispatch center received CUP approval in 2014 (CUP-14-018)
for their new facility and a 180’ steel lattice tower for the same type of life-safety radio
communications. In the CUP approved for Ada County Dispatch, it was agreed upon to allow
for future collocation of wireless communication equipment. Other than a letter, Ada County
did not provide any other reasoning for their denial of this collocation.
However, Day Wireless has submitted letters stating that surrounding towers do not have the
available mounting space at the height required for their equipment to function properly; the
Applicant’s Radio Frequency Engineer has also issued a letter supporting this new tower and
its capacities that are needed by Day Wireless Systems and their new operations center located
at this site. (see section VII.F and VII.G). Staff is providing this additional detail to the
Commission for their consideration.
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.
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The proposed tower will accommodate at least one additional user using the proposed steel
lattice 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 submitted a letter from the closest tower owner stating denial of collocation.
Please see additional analysis above.
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.
The applicant has provided a letter from Ada County stating they are choosing not to
collocate the additional equipment at their site.
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.
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 has submitted a response letter stating the existing towers in the area do
not have available mounting space for their equipment at the height (minimum 120 feet)
required to function and serve reasonably (see section VII.F)
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.C.
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 not required with this submittal due to the type
of wireless communication equipment being proposed.
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.D.
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. Staff believes the existing landscape buffer on the property to the
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north, the existence of a warehouse storage building directly to the east, and the existing flex
building on site match the characteristics of the proposed tower and surrounding areas.
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 tower will be
neutral in color and all metal will be corrosive resistant.
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 applicant is applying for this conditional use permit for the
proposed wireless facility to be of a steel lattice design rather than a stealth monopole
design; a monopole design would not require a conditional use permit in the I-L zoning
district.
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. No part of any
antenna, disk, array or other equipment attached to the communications tower is proposed to
overhang any part of the property line.
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; any 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 location of the existing
flex building in relation to this tower and property line and the existing uses of the
surrounding parcels. The applicant states that requiring this landscape buffer would
interfere with future development and required truck paths on the property around the
existing flex building. The Applicant doesn’t feel a landscape buffer is necessary for the
north and east sides of this site as the adjacent parcels are also zoned I-L and is proposing
to erect a minimum 6’ high vinyl privacy fence to offer additional screening.
An existing auto body repair shop exists on the parcel to the east with a storage building at
the lot line directly adjacent to the foundation of this proposed tower. The parcel to the
north is developed with a 60,000 square foot warehouse and includes a landscape buffer on
the shared property line with this parcel. The location of the proposed tower is also
screened from the arterial roadways with the existing closed vision fencing and
landscaping that was approved with the flex building on site (A-2018-0370). Staff supports
the applicants request for alternative compliance with two conditions of approval to comply
with the intent of the landscape buffer: 1) The applicant shall correct the submitted plans
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to show a vinyl privacy fence instead of a chain-link fence with vinyl slats at the time of
CZC and DES and construct the fence to UDC standards; and 2) The applicant shall
construct a landscape planter in accord with UDC 11-3B-8C.2 generally located behind the
existing closed vision fence on the east side of the flex building to offer landscape
screening (see Section VII.I).
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 the bottom 20’ of this
tower will have the climbing pegs removed except with the tower is being serviced.
F. Dimensional Standards (UDC Table 11-2C-3):
Development is required to comply with the dimensional standards listed below for the I-L
district. Staff has reviewed the proposed site plan and deems it in compliance with the required
dimensional standards.
G. Access (UDC 11-3A-3):
Access is proposed via the two existing access points; one on N. Locust Grove Road, and one on
E. Franklin Road that is a right-in, right-out only access.
H. Parking (UDC Table 11-3C-6):
The proposed use does not require parking; there is available parking that was built with the flex
building on-site.
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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.
J. Sidewalks (UDC 11-3A-17):
Sidewalks were approved and installed at this project site with previous approvals; therefore, no
additional sidewalk is required.
K. Waterways (UDC 11-3A-6):
There are no waterways that cross this site.
L. Fencing (UDC 11-3A-7):
Any new fencing is required to comply with the standards listed in UDC 11-3A-7.
A 7-foot tall chain-link fence with vinyl slats and barbed wire along the top as a security feature
is proposed to be constructed around the perimeter of the tower foundation to add additional
screening. There is approved closed vision fencing is already approved and built with the existing
flex building. Chain-link fencing with vinyl slats is not an acceptable form of screening per
UDC 11-3A-7; the applicant shall correct the submitted plans to show a vinyl privacy fence
instead of a chain-link fence with vinyl slats at the time of CZC and DES and construct the
fence to UDC standards.
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. Sewer and water are not needed
for the communication facility.
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. The project site is already connected to the pressurized irrigation
system in accordance with the landscape requirements of the approved CZC and DES.
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 steel lattice tower as shown in Section
VII.B.
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.
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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. The applicant has
also requested alternative compliance for the landscape requirements in UDC 11-4-3-43.
Due to the adjacent land uses, existing landscape buffers and fencing, and existing buildings
adjacent to this parcel, the Director approves the applicant’s request for alternative compliance
to the landscape buffer requirement with the following conditions:
1) The applicant shall correct the submitted plans to show a vinyl privacy fence instead of a
chain-link fence with vinyl slats at the time of CZC and DES and construct the fence to
UDC standards, as proposed in their alternative compliance narrative (see section VII.H).
2) The applicant shall construct a landscape planter in accord with UDC 11-3B-8C.2
generally located behind the existing closed vision fence on the east side of the flex
building to offer landscape screening (see Section VII.I).
VII. EXHIBITS
A. Site Plan
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Page 11
B. Elevations
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C. Letter of Intent
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D. FAA/FCC Compliance Letter
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E. Letter from Ada County regarding collocation
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F. Day Wireless Response Letter
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G. Radio Frequency Engineer Letter
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H. Alternative Compliance Narrative
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I. Future Landscape Planter Location Exhibit (example)
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Conditional Use Permit
1.1 Site Specific Conditions
A. The applicant shall correct the submitted plans to show a vinyl privacy fence instead of a
chain-link fence with vinyl slats at the time of CZC and DES and construct the fence to UDC
standards, as proposed in their alternative compliance narrative (see section VII.H).
B. The applicant shall construct a landscape planter in accord with UDC 11-3B-8C.2 generally
located behind the existing closed vision fence on the east side of the flex building to offer
landscape screening (see Section VII.I).
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.A is approved with the following condition: See Site
Specific Condition “A.”
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.
FUTURE LANDSCAPE
PLANTER LOCATION
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1.1.5 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.
1.1.6 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.D.
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.C. If an additional user is denied to collocate on
this tower, Day Wireless Systems is required to provide justification in the form of a letter or
report from a licensed network engineer (or equivalent) stating why the additional user cannot be
accommodated.
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.
B. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=182767&dbid=0&repo=MeridianC
ity
C. DEPARTMENT OF ENVIRONMENT QUALITY (DEQ)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=182143&dbid=0&repo=MeridianC
ity
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.
Staff finds the subject property will be large enough to accommodate the proposed use and
the dimensional & development regulations of the I-L district and those listed in the specific
use standards for 11-4-3-43 (see Analysis Section V for more information).
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Staff 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
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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.
Staff 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 existing landscape buffers and
nearby structures offer adequate concealment of the base of the tower.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other properties in the vicinity.
Staff 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 wireless site will be serviced and maintained by the existing Day Wireless Systems
Network Operations Center located in the approved flex building on-site. The existing access
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.
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.
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.
Staff 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)
Staff 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
The Director finds compliance with the requirements listed in UDC 11-4-3-43E.8 can be
accommodated through the subsequent findings of Alternative Compliance.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
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The Director finds the proposed alternative and the existing site conditions of the
surrounding parcels to be of equal or superior means for meeting the landscape buffer
requirement.
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 the proposed alternative is not detrimental to the public welfare and will
not impair the intended uses or character of the surrounding properties because the
surrounding properties share the same character as the subject property and the location of
the tower will be adequately screened from public view through existing street landscaping,
closed vision fencing, and surrounding property improvements. In addition, the applicant has
agreed to meet the intent of the required landscape buffer by providing an additional vinyl
privacy fence directly surrounding the tower foundation and construct a landscape planter
with approved landscaping behind the existing closed vision fence to help screen the tower
from E. Franklin Road.