Staff ReportChanges to the Agenda:
• Request for continuance of Item #5 -Spring Creek Assisted Living Facility (CUP-10-004)
• Request for continuance of Item #7 -Temporary Portable Classroom Tent Amendment (ZOA-10-001)
Item #4: Clearwire Meridian Charter High School (CUP-10-003)
Location, size of property and existing zoning: The overall subject property consists of 27.89 acres and is zoned L-O.
The site is located at 1855 E. Leigh Field Drive.
Adjacent Land Use and Zoning: This is a school site that is surrounded by residential properties and commercial
properties across Locust Grove; adjacent properties are zoned R-4, Rl in Ada County, C-N, and L-O.
Application Summary:
• CUP approval of a new wireless (internet) communication facility to be erected on the grounds of the Meridian
Charter High School. The applicant proposes to remove. an existing light pole and replace it with a new 80-foot
tall monopole on which lights will be mounted at a lower height consistent with the parking lot lighting.
Staff has reviewed the application for compliance with the specific use standards for wireless communication facilities
listed in UDC 11-4-3-43 and included conditions accordingly.
Outstanding Issue(s) for Commission: None
Written Testimony: Email from the applicant in agreement w/staff report
Staff Recommendation: Staff recommends approval of the subject application per the conditions listed in Exhibit B of
the staff report.
RECETVED
JUL 15 2010
CITY OF Cite of~n~-
CITY CLERKS OFFICE
STAFF REPORT Hearing Date: July 15, 2010
TO: Planning & Zoning Commission E IDIAN~--
FROM: Sonya Watters, Associate City Planner I D A H O
208-884-5533
SUBJECT: CUP-10-003 - Clearwire Meridian Charter High School
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Clearwire US, LLC, has applied for conditional use permit (CUP) approval of a new
wireless communication facility to be erected on the grounds of the Meridian Charter High School.
See Section IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit D.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-10-
003 as presented in the staff report for the hearing date of July 15, 2010, with the following
modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
on August 5, 2010.
Denial
After considering all staff, applicant and public testimony, I move to deny CUP-10-003 as
presented during the hearing on July 15, 2010, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number CUP-10-003 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
1855 E. Leigh Field Drive; Parcel No. 82122110200
Located in the southwest'/ of Section 32, Township 4 North, Range 1 East
B. Owner(s):
Joint School District No. 2
2301 E. Lanark Street
Meridian, ID 83642
PAGE 1
C. Applicant:
Clearwire US, LLC
104 N. Milwaukee Street
Boise, ID 83704
D. Representative:
Jason Evans, EICI
104 N. Milwaukee Street
Boise, ID 83704
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: June 28, 2010
C. Radius notices mailed to properties within 300 feet on: June 24, 2010
D. Applicant posted notice on site by: July 6, 2010
VL LAND USE
A. Existing Land Use(s) and Zoning: The portion of the site proposed where the wireless
communication facility is proposed is currently zoned L-O and is developed with a charter high
school.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This is a school site that is
surrounded by residential properties and commercial properties across Locust Grove; adjacent
properties are zoned R-4, R1, C-N, and L-O.
C. History of Previous Actions:
• In 2008, the subject property, consisting of 27.89 acres, was rezoned (RZ-07-021) to L-O and
C-N; a preliminary plat (PP-07-025) was approved for 7 commercial building lots; and a
development agreement modification was approved to remove the restriction for education
type only uses on the site.
• In 2009, a final plat (FP-08-021) was approved for 7 building lots. A private street (PS-08-
O10) application was also approved at that time.
• On 4/9/10, a 12-month time extension to obtain the City Engineer's signature on the final plat
was approved by the Director to expire on 4/15/2011.
D. Utilities:
1. Public Works:
a. Location of sewer: No utilities required
b. Location of water: No utilities required
c. Issues or concerns: None
PAGE 2
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
Flood Plain: This property is not within the floodplain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Public/Quasi Public" on the Comprehensive Plan Future Land
Use Map. Per the Comprehensive Plan (page 106), the following standards apply to Public/Quasi
Public areas where schools exist: These areas are designated to provide areas throughout the Area of
Impact which provide educational opportunities, community gathering places, and green space. The
proposed wireless communication facility is an accepted use in areas such as this.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Chapter VII, Goal N (page 112) -Encourage compatible uses to minimize conflicts and
maximize use of land.
Staff believes the proposed use of this property is compatible with surrounding school,
residential, and commercial uses.
Chapter IV, Goal I, Objective A (page 26) -Ensure that facilities and services keep up with
growth.
The addition of the proposed wireless internet facility will allow Clearwire to solve coverage
problems in this area. The proposed tower will also allow space for an additional user on the
tower if needed in the future.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six (6)
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists the permitted,
accessory, conditional, and prohibited uses in the L-O zoning district. The proposed
wireless communication facility is listed as a conditional use in the L-O district. There
are specific use standards for wireless communication facilities listed in UDC 11-4-3-43.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the L-O
zoning district apply to this site.
D. Landscaping Standards (UDC 11-3B): NA
E. Off-Street Parking: NA
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Conditional Use Permit: The request is for conditional use approval of a wireless (internet)
communication facility in an L-O district. The applicant proposes to remove an existing light pole
PAGE 3
and replace it with a new 80-foot tall monopole on which lights will be mounted at a lower height
consistent with other parking lot lighting. The specific use standards for wireless communication
facilities are listed in UDC 11-4-3-43.
Staff has reviewed the specific use standards and finds that the application addresses most of the
standards except for UDC 11-4-3-43D.1, which requires documentation from a qualified licensed
engineer showing that the proposed facility will be in compliance with the FCC standards
regarding radio frequency emissions; and 11-4-3-43F.5, which requires a 5-foot wide landscape
buffer be provided around the perimeter of the fenced area that contains the mechanical
equipment with 50% of the plant material of the evergreen variety (alternative compliance may be
requested if the applicant can not comply with this requirement). The applicant shall submit
documentation that verifies compliance with the aforementioned standards prior to certificate of
zoning compliance (CZC) approval.
The applicant states in their narrative that there are. no existing towers within the search area
available for co-location. The closest facility is behind Fred Meyers at the intersection of
Fairview and Locust Grove; however, Clearwire is currently serving on this tower and has
expanded the site as much as possible. The existing tower is structurally at its capacity and no
expansion can be done. Therefore, a new tower is necessary.
Staff recommends approval of the applicant's request subject to the conditions of approval listed
in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan (date: 6/11/10)
3. Landscape Plan (date: 6/11/10)
4. Elevations (dated: 6/11/10)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
PAGE 4
Exhibit A.1: Vicinity/zoning Map
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B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site plan prepared by Architecture Designs Plus, P.A., dated 6/11/10 is approved as
submitted.
1.2 The landscape plan prepared by Architecture Designs Plus, P.A., dated 6/11/10 shall be revised as
follows:
a. Consistent with UDC 11-4-3-43F.5, a 5-foot wide landscape buffer shall be constructed
outside the perimeter of the equipment compound. A minimum of 50% of the plant material
shall be of an evergreen variety. In locations where the visual impact of the tower is minimal,
the director may waive this requirement through the alternative compliance procedure.
1.3 The 6-foot tall cedar fence proposed around the base of the structure shall be stained a darker
color (than natural) to blend with the surroundings.
1.4 The applicant shall comply with the specific use standards listed in UDC 11-4-3-43 for wireless
communication facilities. Staff has reviewed the specific use standards and finds that the
application addresses most of the standards except for UDC 11-4-3-43D.1, which requires
documentation from a qualified & licensed engineer showing that the proposed facility will be in
compliance with the FCC standards regarding radio frequency emissions; and UDC 11-4-3-
. 43D.5 which requires a S foot wide landscape buffer be provided around the perimeter of the
compound containing the mechanical equipment with SO% of the plant material of the evergreen
variety (alternative compliance may be requested if the applicant can not comply with this
requirement). The applicant shall submit documentation that verifies compliance with these
standards prior to certificate of zoning compliance (CZC) approval.
1.3 Prior to establishment of the proposed use, the applicant shall be required to obtain a Certificate
of Zoning Compliance.
1.4 The applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the use has not begun within 18 months of
approval, a time extension shall be requested in accord with UDC 11-SB-6F prior to expiration. If
a time extension is not requested or granted and the CUP expires, a new conditional use permit
must be obtained.
1.5 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no issues or concerns with this application.
3. FIRE DEPARTMENT
3.1 The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
a. All radii into the project shall be 28' inside and 48' outside radius on all access roads.
b. The access shall have a 20' wide fire lane available at all times.
c. The most remote portion of the structure as measured around the perimeter shall be within
150' of a fire lane or paved surface capable of supporting 75,000 lbs.
d. Driveways greater than 150' in length shall be provided with an approved turn-around.
PAGE 11
e. Battery storage shall comply with the International Fire Code.
f. Provide a fire extinguisher per the International Fire Code.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. SANITARY SERVICES
5.1 SSC did not submit comments on this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACHD will not be taking any action on this application.
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
PAGE 12
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-SB-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Staff finds that the subject property is large enough to accommodate the proposed use and
dimensional and development regulations of the L-O district. (see Analysis Section IX for
more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Staff finds that the proposed use is consistent with the Comprehensive Plan future land use
map designation of Public/Quasi Public. Further, staff finds the proposed use of the site is
consistent with the Comprehensive Plan in that the proposed addition of a wireless
communication facility will assist in facilities and services keeping up with growth in this
area of the City.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
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.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property 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. The Commission should rely
upon any public testimony provided to determine if the development will adversely affect the
other property in the vicinity.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
Staff finds that the proposed use will be served adequately by all of the public facilities and
services listed above.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for the proposed use.
Staff finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
PAGE 13
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Staff finds the proposed use will not involve any of the above listed activities or processes
that would be detrimental to persons, property, or the general welfare.
h. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
Staff finds the proposed use will not result in the destruction, loss or damage of any natural,
scenic or historic feature.