Day Wireless Communication Facility H-2019-0115 CITY OF MERIDIAN V IDIAN�--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND 1DAHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for a Wireless Communication Facility,
Located at 1668 E.Franklin Rd.in the I-L Zoning District,by Day Wireless.
Case No(s).H-2019-0115
For the Planning& Zoning Commission Hearing Date of: February 20,2020(Findings on March 5,
2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of 2/20/2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of 2/20/2020, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of 2/20/2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of 2/20/2020,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. 11-7 84 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
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2019-0115
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Meridian City Council Meeting Agenda March 5,2020— Page 66 of 214
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of February 20,2020,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 20, 2020, 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 11-513-6F.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 11-513-617.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.17.1,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 2/20/2020
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2019-0115
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Meridian City Council Meeting Agenda March 5,2020— Page 67 of 214
By action of the Planning&Zoning Commission at its regular meeting held on the 5th day of
March ,2020.
COMMISSIONER RYAN FITZGERALD, CHAIRMAN VOTED
COMMISSIONER LISA HOLLAND,VICE CHAIRMAN VOTED Aye
COMMISSIONER RHONDA MCCARVEL VOTED Aye
COMMISSIONER ANDREW SEAL VOTED
COMMISSIONER PATRICIA PITZER VOTED Aye
COMMISSIONER WILLIAM CASSINELLI VOTED ---
COMMISSIONER NICK GROVE VOTED Aye
Lisa Holland,Vice Chairperson
Attest:
Chris Johnson,City Clerk
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: 3-5-2020
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2019-0115
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Meridian City Council Meeting Agenda March 5,2020— Page 68 of 214
EXHIBIT A
STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT
HEARING 2/20/2020 Legend
DATE: a
Project Location 0
qmgtr r
TO: Planning&Zoning Commission ,
FROM: Joseph Dodson,Associate Planner
208-884-5533 8
Bruce Freckleton,Development
Services Manager ® _
208-887-2211 '
,x
EH
SUBJECT: H-2019-0115 `'� `- m ` �' �
Day Wireless Systems,Wireless TTT
Communication Facility
LOCATION: The site is located at 1668 E. Franklin
Road,in the SW 1/4 of Section 8, - ---
Township 3N.,Range IE.
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
Description Details Page
Acreage 2.5
Future Land Use Designation General Industrial
Existing Land Use 1 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, None
hazards,flood plain,hillside)
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.
Page 1
Meridian City Council Meeting Agenda March 5,2020— Page 69 of 214
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C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning
Postin 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 NLocust 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.
Page 3 —
Meridian City Council Meeting Agenda March 5,2020— Page 71 of 214
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%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 VILF and VIL G). Staff is providing this additional detail to the
Commission for their consideration.
E. Specific Use Standards(UDC 11-4-3-43): (Staffs 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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Meridian City Council Meeting Agenda March 5,2020— Page 72 of 214
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(11-4-3-43EZ 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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Meridian City Council Meeting Agenda March 5,2020— Page 73 of 214
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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Meridian City Council Meeting Agenda March 5,2020— Page 74 of 214
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 VIM).
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.
TABLE 11-2C-3
DIMENSIONAL STANDARDS IN THE INDl1STRUIL DISTRICTS
Dimensional Standards I-L And I-H
Front setback(in feet) 0
Rear setback(in feet) 0
Interior side setback(in feet) 0
Street setback'(in feet) 35
Street landscape buffer(in feet):
❑ Local 10
❑ Collector 20
❑ Arterial 25
❑ Entryway corridor 35
❑ Interstate so
Landscape buffer to residential use (in feet} 25 I-L and 40 1-H
Landscape buffer to nonindustrial uses(in feet) 0 I-L and 40 I-H
Maximum building height(in feet) 50
Parking requirements See chapter 3.article C of this title
Landscaping requirements See ch apt or3,article B of this title
Note:
1_All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted transportation plan.
(Ord_05-1170,9-30-2005,eff.9-15-2005;amd.Ord.10-1439,1-12-2010,eff_1-18-2010)
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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Meridian City Council Meeting Agenda March 5,2020— Page 75 of 214
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--A):
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 I1-3A-1 S
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-I8):
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 I 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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Meridian City Council Meeting Agenda March 5,2020— Page 76 of 214
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).
B. The Meridian Planning&Zoning Commission heard this item on 02/20/2020.At the public
hearing.the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing_:
a. In favor:
b. In opposition:None
c. Commenting None
d. Written testimony: None
e. Staff presenting application: Joseph Dodson
f Other Staff commenting on application: Bill Parsons
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission:
a. Tower height and tower design.
4. Commission change(s)to Staff recommendation:
a. Planning and Zoning Commission voted to approve the request for CUP with the change
of removing condition 1.1 B of Section Vlll of the staff report.
Page 9 —
Meridian City Council Meeting Agenda March 5,2020— Page 77 of 214
VII. EXHIBITS
A. Site Plan
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Page 10 —
Meridian City Council Meeting Agenda March 5,2020— Page 78 of 214
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Page 11 —
Meridian City Council Meeting Agenda March 5,2020— Page 79 of 214
B. Elevations
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Page 12 —
Meridian City Council Meeting Agenda March 5,2020— Page 80 of 214
C. Letter of Intent
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DAYL
WIRELESS SYSTEMS
Idaho Communications, I.LC dbn Day Wireless Systcjns
110 Box 22289,Mil«,aukie.Dft 97269
Tel#'.(503)659-1240 Fax 0:(503)659-4723
Sonya Allen
Assoclate Planner
City of Meridian
Community Development Dept.
33 CastHroadway Avenuc,
Suite#142
Meridian,Idaho 93642
October 23,20 l9
Ms. Allen,
The intent of this letter is to advise the City of Meridian that Idaho Coin muni cat ions, 1.LLC
dba Day Wireless Systems and our successors will a]Iow the shared use of the proposed
tower - located at 1068 East Franklin Road, Meridian, Idaho 83642 - given that the
additional user agrees in writing to meet reasonable terms and conditions for shared use.
Respectfully,
I--- t
Shawn 14ankins
Tower Sites Manager
Day Wireless Systems
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Meridian City Council Meeting Agenda March 5,2020— Page 81 of 214
D. FAA/FCC Compliance Letter
�tf
DAYAw �k
WIRELESS SYSTEMS
Idaho Communications, LLC dba Day Wireless Systems
PO 13os 12289,MiIwsuikic,OR 97269
'1'c1#:(503)65 9-124 0 I1as#:(503)659.4721
Sonya Allen
Associate Planner
City of Meridian
Community Development Dept.
33East Broadway Avenue,
Suite#1a2
Meridian,Idaho 83442
October 23,2a 19
Ms.Allen,
T'he purpose of thi§ letter is to advise the City of Meridian that Idaho Communications,
LLC dba Day Wireless SYslems will comply with all regulations administered and
enforced by both the Pederal Communications Commission (FCC) and the Federal
Aviation Administration(FAA).
kespeetfully,
Shawn Hankins
'Power Sites Manager
Day Wireless Systems
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Meridian City Council Meeting Agenda March 5,2020— Page 82 of 214
E. Letter from Ada County regarding collocation
I
I
COMMISSIONERS'
OFFICE
200 W.Front Street
ADA COUNT Y 13(20 )287-0002
[208]Z87-7000
U Fax!1208)287-7004
bocel[7adawrlh,uct
wwwMacounty.id,gev
December 17,2019
Annie Wynier,Real Estate Coordinator
Technology Associates EC,lnc.
7117 SW Beveland Rd,Suite 101
Tigard,OR 97223
RC: Day Wireless Systems' Request to Collocate Equipment on Ada County Dispatch
Center's Tower in Meridian,Idaho
Dear Ms.Wyrner:
We received your October 29,2019,letter that you submitted to Ada County on behalf of Day
Wireless Systems. Based on your letter,it is our understanding that Day Wireless Systems wants
to know whether Ada County will allow them to Collocate equipment on the Ada County
Dispatch Center's tower in Meridian,Idaho.
We regret to inform you that, although we appreciate the service that Day Wireless Systems
provides to the community,we believe it is in the hest interest of Ada County not to CoIloeate
this equipment at this time.
Thank you for taking [lie time to express interest in this matter. We wish you well in your
endeavors.
If you have any questions,please feel free to reach out to us.
Sincerely,
ADA COUNTY BOARD OF COMMISSIONERS
Kend iyon,Chan
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Meridian City Council Meeting Agenda March 5,2020— Page 83 of 214
F. Day Wireless Response Letter
i
t Associates
I
October 23,2019
City of Meridian—Community Development
Attn:Planning Division
33 E.Broadway Ave.Suite 102
Meridian,ID 83642
Re. Planner Questions and Response far Conditional Use Permit Submittal
Site Information:bay Wireless 1668 E.Franklin St.MerldIan,ID 83642
RESPONSE TO PLANNER INQUIRY❑ATEa 1012312019
1NQUIRY#1,"You mentioned in your narrative that there are several existing self-support lattice towers
nearby the site that appear to be in excess of 100'tall;could these towers accommodate the proposed
equipment?If not,you need to submit documentation demonstrating the proposed Fawner or antenna
can't be accommodated on an existing or approved tower or structure as noted in UDC 11-4-3-43C.3.
httos:Ilwww.sterlingcodifiers.comlcodebooklindex.php?hook id=306"
RESPONSE:Day Wireless is unable to collocate on any of the existing Self-Support Lattice Towers
that appear to be In excess of 100'due to there being no available mounting space for our
equipment at the centerline(height)required for coverage.The Lot Line maps provided within
the Conditional Use Application show that Day Wireless's equipment will need to be placed at a
minimum of 120'in order to continue servicing the populations identified in Nampa,Mora and
Mercy.
INQUIRY#2."The proposed tower is requires{to be designed (structurally&electrically)to
accommodate the applicant's antennas as well as collocation for at least one additional user per UDC 11-
4-3-43C.1;the plans should reflect note this"
RE5 PC)NSE.,The proposed tower is designed both structurally and electrically to accommodate a
future collocation far at least one additional user.Our drawings have been revised to more
clearly depict this standard and are attached to this inquiry response.
r
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Meridian City Council Meeting Agenda March 5,2020— Page 84 of 214
G. Radio Frequency Engineer Letter
DAYI
WIRELESS SYSTEMS
RE: 1668 East Franklin Road
Proposed Day Wireless Communications Tower October 28"1,2019
To Whom it May Concern:
The proposed 125'Self Support lattice Tower on the Day Wireless Systems property is an essential part
of the Day Wireless Network and Day Wireless Network Operations Center Facility to be located on the
some property at 1668 East Franklin Road In Meridian,
A 125'lattice tower Is needed to provide a stable platform to support current and Future Microwave,
Point to Point,line of sight coverage,and other antenna systems that will he deployed now and in the
future.
I believe future and long--term capacity Is critical and a responsible design, This facility will support
coloration(design attached)for Future tenants--including cellular/wireless carriers along with many
other types of users should they be interested In collocating at our facility.
This 125'lattice tower is designed in accordarice with ANSI/TIA as a Class III structure rated for use by
Essential Services if the need arises.
A monopole s2mpiy does not supply the capacity or stability this self-support lattice tower will,however
If a lattice tower is not approved,we will still need a structure on the property of some kind to mount
antennas to. It may also be likely we would need to build additional structures nearby to provide the
same capacity,
If the proposed 125'lattice tower is approved For construction,it would provide all the capacity and
height needed in the foreseeable future for Day Wireless and potential future tenants in the Meridian
area.
Feel free to contact our office I you have any questions.
Best Regards, � f�
Arnold Ragsdale
Radio Frequency Engineer
Day Wireless Systems Manager
503.659.1240 x 2249
4700 SE International Way
Mllwaukle,OR 97222
A R agrsd a l e@ d avwireless.co m
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Meridian City Council Meeting Agenda March 5,2020— Page 85 of 214
H. Alternative Compliance Narrative
Technology Associates
February 12,2020
City of Meridian—Community Development
Attn:Planning Division
33 E.Broadway Ave.Suite 102
Meridian,ID 83642
Re: Written Narrative for Alternative Compliance Checklist
Site Information:Day Wireless 1668 E.Franklin St.Meridian,ID 83642
DESCRIPTION OF PROPOSAL
Proposal is for construction of a 125'self-supporting steel tower for use as a support structure for radio
antennae and transmission lines. Location of proposed tower will be at 1668 E.Franklin Road,on Day
Wireless Property near the new multi-tenant flex building on 2.5 acres of land in the I-L Zoning District.
DESIGN STANDARDS PER UDC11-4-3-43E
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.lfyou
aren't proposing landscaping,you need to submit an application for Altemotive Compliance to
this standard(see UDC 11-58-5 for more info—the application fee is$160)
EXPLANATION OF REQUEST
Day Wireless is requesting alternative means for compliance regarding Design Standards per UDC 11-4-3-
43E at the location of the proposed tower.Strict Adherence to the above landscaping requirements will
not be feasible as part of Day wireless'proposal for the below reasons:
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Meridian City Council Meeting Agenda March 5,2020— Page 86 of 214
Technology Associates
A buffer of landscape strip of 5'wide outside the perimeter of the tower compound or any
additional landscaping surround the compound area could prevent/obstruct future development
on the property.In addition,this type of landscaping would potentially interfere with the current
proposed tenant truck path that is required to service the new multi-tenant flex building located
on the premises.The tower area also sits where potential future parking spaces to a future
building would be.A 5'landscape buffer would prevent additional parking spaces from being
available and would interfere with the future retail use of the property.
As there is limited space between the future multi-tenant flex building areas and the proposed
Day Wireless area,this space will be utilized in order to minimize the visual impact of the
proposed tower.Day Wireless is proposing this as an alternative means for compliance with the
above landscaping requirement to screen the proposed wireless compound from view using a
vinyl privacy fence.
Page 19 —
Meridian City Council Meeting Agenda March 5,2020— Page 87 of 214
I. Future Landscape Planter Location Exhibit(example)
-------------------
C07; ears„
7
7 7
EM
.&F40r FUTURE FUTURE DAYWIRELESS 7 I V S; SP 7ENRNTSPACE M11
4.=F 73
CALLOUT LEGEND
E17 TIT
LOT 2 FUTURE LANDSCAPE rPLANTER LOCATION
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 VILH).
B. The appheant sholi eenstrues a landseapeplankr in aeeard ip" UDC-11 3B 8G2 generally
loeated behind the ex-&d4ig elosed v&ion fenee on the east side of theflex-budding to-�Iffi-er
land-seape sereening(see Seedon 14TI)-.
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.
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Meridian City Council Meeting Agenda March 5,2020- Page 88 of 214
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 VILD.
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:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=182767&dbid=0&r0o=MeridianC
hty
C. DEPARTMENT OF ENVIRONMENT QUALITY(DEQ)
https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=182143&dbid=0&r0o=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.
The Commission 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.
The Commission finds that the proposed use will be consistent and harmonious with the UDC
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Meridian City Council Meeting Agenda March 5,2020— Page 89 of 214
and the Comprehensive Plan if the Applicant develops the site consistent with the conditions
of approval included in Section HIT
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 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.
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 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. 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
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.
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Meridian City Council Meeting Agenda March 5,2020— Page 90 of 214
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
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.,..n..*m et a
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Meridian City Council Meeting Agenda March 5,2020— Page 91 of 214