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Western PCS II Corp CUPWILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA E C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 5. 1996 TRANSMITTAL DATE: 10/16/96 HEARING DATE: 11/12/96 REQUEST: Conditional Use Permit for a telecommunication facility BY: Western PCS II Corp LOCATION OF PROPERTY OR PROJECT: 508 Bower Street JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Western PCS II:Corv. (David Wiltsee, Representative )PHONE: 208-422-9815 ADDRESS: 3184 Elder Street Boise, ID 83705 GENERAL LOCATION: 508 Bower Street Meridian, ID 83642 DESCRIPTION OF PROPOSED CONDITIONAL UfSF~• Telecommunications receiving/ transmitting facility. Includes ease o , parcel;.construction of a 120' antenna support structure on which will be M1 ' er equipment; an 8' high chain link fence with a 1' 3-strand barbed wire security ntenna su ort structure is to be a monopole, self supporting (no guy wires) and set in a permanent foundation. ZONING CLASSIFICATION: I-L PLAN: A plan of the proposed site for the. conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 30 copies). Signature of Applicant LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _. m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK _, LOT TO • • 1 - western 1 1 / pcs co rp October 10, 1996 Ms. Shari Stiles, Planning Director City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Ms. Stiles: Please accept this letter and application for a Conditional Use Permit by Western PCS II Corp., for a telecommunications facility on Bower Street in Meridian. The facility as proposed consists of a 120' self-supporting monopole with panel antennas mounted on support arms at the top; an 8' cyclone fence with 3-strand barbed wire at the top around the perimeter of the 40' x 40' parcel to be leased; and a base transceiver station (BTS), which consists of radio equipment contained in metal cabinets. Radio frequency tests conducted by Western PCS demonstrate the planned site to be ideally suited location of PCS (personal communications services) antennas. The facility on this site will be a key link in Western's wireless system, and will serve the rapidly growing population and business community of Meridian and vicinity. As you know, telecommunications facilities are being constructed nationwide as part of the much-discussed "Information Superhighway". Western PCS Corp. has FCC licenses to provide service (following necessary infrastructure construction) in large portions of the western United States, including southwest Idaho: -Each antenna site represents a critical link in an extensive network and may entail an investment of $500,000 or more. Upon completion of facility construction, both private-sector users and emergency service providers stand to benefit considerably. Needless to say, time is of the essence as telecommunications firms move from site acquisition to local approval and eventual service provision. Thank you for your assistance in reviewing and expediting this application. If I might provide additional information please let me know. Yours truly, ~~~/~ David Wiltsee Planning and Zoning Coordinator Western PCS Corporation 3184 Elder Street Boise, ID 83705 (208) 422-9815 FAX (208) 422-0270 r' CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Western PCS II;Cory. (David Wiltsee, Representative )PHONE: 208-422-9815 ADDRESS: 3184 Elder Street Boise, ID 83705 GENERAL LOCATION: 508 Bower Street Meridian, ID 83642 DESCRIPTION OF PROPOSED CONDITIONAL UfSF~• Telecommunications receiving/ transmitting facility. Includes ease o parcel;.construction of a 120' antenna support structure on which will be ' ter equipment; an 8' high chain link fence with a 1' 3-strand barbed wire security sysr_ m a th nn Antenna support structure is to be a monopole, self supporting (no guy wires) and set in a permanent foundation. ZONING CLASSIFICATION: I-z PLAN: A plan of the proposed site for the. conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 30 copies). Signature of Applicant LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK ,LOT TO • 1 - western 1 1 / pcs Corp October 10, 1996 Ms. Shari Stiles, Planning Director City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Ms. Stiles: Please accept this letter and application for a Conditional Use Permit by Western PCS II Corp., for a telecommunications facility on Bower Street in Meridian. The facility as proposed consists of a 120' self-supporting monopole with panel antennas mounted on support arms at the top; an 8' cyclone fence with 3-strand barbed wire at the top around the perimeter of the 40' x 40' parcel to be leased; and a base transceiver station (BTS), which consists of radio equipment contained in metal cabinets. Radio frequency tests conducted by Western PCS demonstrate the planned site to be ideally suited location of PCS (personal communications services) antennas. The facility on this site will be a key link in Western's wireless system, and will serve the rapidly growing population and business community of Meridian and vicinity. As you know, telecommunications facilities are being constructed nationwide as part of the much-discussed "Information Superhighway". Western PCS Corp. has FCC licenses to provide service (following necessary infrastructure construction) in large portions of the western United States, including southwest Idaho. 'Each antenna site represents a critical link in an extensive network and may entail an investment of $500,000 or more. Upon completion of facility construction, both private-sector users and emergency service providers stand to benefit considerably. Needless to say, time is of the essence as telecommunications firms move from site acquisition to local approval and eventual service provision. Thank you for your assistance in reviewing and expediting this application. If I might provide additional information please let me know. Yours truly, David Wiltsee Planning and Zoning Coordinator Western PCS Corporation 3184 Elder Street Boise, ID 83705 (208) 422-9815 FAX (208) 422-0270 Addendum Required Statements Addendum to Application for Conditional Use Permit ADDENDUM CONTAINS INFORMATION REQU/RED by MERIDIAN CONDITIONAL USE PERMIT APPLICAT/ON, SOME OF WHICH IS NOT FOUND ELSEWHERE /N THE APPLICAT/ON PACKAGE Applicant Information Applicant: Western PCS II Corporation Agent Representing Applicant: Site Development Concepts 3184 Elder St., Boise, ID 83705 Agent Phone: 208-422-9815 Agent Contact: David Wiltsee Property and Ownership Information Project Location: 508 East Bower Avenue, Meridian, ID 83642 Property Owner of Record: Darwin L. Buchanan Owner in Equity: Denis and Martie L. McRae Address of Owner in Equity: Home Pro Inc., 508 East Bower Avenue, Meridian, ID 83642 Parcel: Ada County Assessor's Parcel Number 81042250130 Acreage of Parcel: 1.46 acres Parcel Legal Description: Attached with project application Present Use of Subject Property (Existing Land Use) The subject parcel comprises 1.46 acres. The parcel is rectangular, 165' x approximately 385'. Zoning of the subject parcel, and for the general area to the east, south, and west is I-L (light industrial). Bordering the subject parcel to the north is the Union Pacific railroad. Existing land use of the subject parcel consists of 1) a plumbing/hardware supply outlet (building), 2) unpaved and unmarked parking, and 3) unpaved storage areas. A 12' diameter, above-ground storage tank currently stored on the parcel will be moved by the owner to accommodate the proposed project. The tank is empty - it was formerly used to store liquid fertilizer. The specific 1600 square foot area (40' x 40') which the project will occupy is currently vacant. Project Description A Conditional Use Permit (CUP) is being applied for by Western PCS II Corporation, represented by Site Development Concepts, LLC. The proposed project is a Personal Communications Services (PCS) telecommunications receiving and transmitting facility. The facility is to be confined to a leased area, 40' x 40'. The project site is in the northwestern corner of the subject parcel. The project includes the following: 1. A 40' x 40' leased area enclosed by an 8' gated chain link fence, topped by a 3-strand barbed wire for security purposes. Western PCS //Application Addendam 2. A 120' tapered monopole, serving as an antenna support structure for (a) telecommunication receiving and transmitting antennas mounted on arms at the top of the antenna support structure and (b) the potential future addition of two 4' diameter microwave dishes mounted at lower points on the monopole. The monopole will be constructed of steel. The proposed color is a "mat tan", designed to blend with nearby semi-arid and seasonally green flora. 3. A concrete slab (12' x 20') on which will rest a Base Transceiver Station (BTS), the radio/computer equipment required to assign incoming and outgoing communications. 4. Provision for a future shelter (also 12' x 20') to rest on the concrete slab and enclose/protect the BTS equipment. 5. A 5' graveled apron on the outside of the security fence, and a graveled turn-around for maintenance vehicles. 6. A designated access (not a formal easement) from East Bower Avenue, approximately 105' north across the subject property to the project site. Project Impacts The proposed telecommunications facility will occupy less than 3% of the 1.46 parcel. Located in a light industrial zone and adjacent to an active railroad, the project will not adversely affect existing land uses and users. In addition to project approvals by the City of Meridian (Conditional Use Permit, followed by building permit), the project will be reviewed by the Idaho Dept. of Transportation's Aeronautics Division and by the Federal Aviation Administration (FAA). Reviews by these agencies will address issues of air safety, including (a) whether the project may be constructed and (b) lighting and marking for aircraft visibility. City of Meridian approval of a Conditional Use Permit in no way prevents the appropriate air safety agencies from imposing conditions of their own. The telecommunications facility will be constructed in a very short period of time following all governmental approvals and permits. Weather permitting, construction may be accomplished in less than one month, thus minimizing construction impacts such as exposed earth, on-site construction equipment, and associated noise. Noise-generating construction activities are conducted during normal working hours, so as not to disrupt morning, evening, night, and weekend activities. Construction access will be minimal -construction entails few workers and very few heavy equipment trips to and from the site. Once in operation, the telecommunications facility will have virtually no impact on surrounding land uses and users. No personnel will be permanently stationed at the site. Occasional visits (usually as infrequently as once a month) will be made by a technician to check on radio equipment, antennas, security, and to perform general property maintenance. The equipment emits no discernible noise, other than some low-level "clicking" heard only if one is within a few feet of the BTS equipment. • A tapered monopole will be constructed. This type of structure is generally considered less conspicuous than other types of structures which would be equally effective from a support standpoint. • The facility is intentionally confined to as small an area as possible. Western PCS !! Application Addendum • • Provision is made to accommodate future receiving/transmitting antennas, offering a possibility oftower-sharing (collocation) and reducing the need for duplicative structures in the same vicinity. The telecommunications Facility will have no significant, or even discernible, effect on any of the following: 1. Odor 2. Glare 3. Fumes 4. Vibration 5. Public Services or Facilities Utilization or Demand 6. Natural Resources Utilization or Conservation 7. Wildlife/Habitat 8. Flooding/Excessive Runoff Western PCS lI Application Addendum Statement -- Agreement to Pay Service Fees and Charges I hereby certify that Western PCS II Corporation agrees to pay all applicable and appropriate sewer, water, trash, and other fees and charges imposed by the City of Meridian, as conditions of approval of a proposed telecommunications facility located at 508 East Bower Avenue, Meridian, Idaho. David H. Wiltsee, Agent/Representative for Western PCS October 10, 1996 i • Statement -Verification of Correctness of Contents I hereby verify that I have read the contents of this application for a Conditional Use Permit, submitted by Western PCS II Corporation, for a telecommunications facility at 508 East Bower Avenue, Meridian, Idaho, and find the contents therein to be true and correct to the best of my knowledge. David H. Wiltsee, Agent/Representative for Western PCS October 10, 1996 • Legal Description Legal Description • The Property is legally described as follows: All that real property (herein called Premises which term includes all building, improvements and fixtures now on or hereafter placed on such real property) situated in Ada County, Idaho, and described as follows: Lots 1 to 13, inclusive, Block 2, and Lot 17, Block 1, BROWN'S RAILROAD ADDITION to Meridian, according to the plats thereof, filed in Book 4 of Plats at page 165, records of Ada County, Idaho. Together with that portion of vacated 4`~ street lying between Blocks 1 and 2. 1~0~1 P~~iC E'Wl. F~ N r_ _- -- ~_.__._._. ......~ ~.__~ ~~~ -- ~ ~ ~~~ - ' S{t ~o~~-ion! ~•~ =`=. ~ .o. Ex~3i r,.y9 ~i {V r ~~d`1- ~ r ~ t ^---~_- ;~ BOWER STREET -- .~_ •- : _- -- _~~---~,.._-"...-- _`~`I! NOT TO SCALE • Land Titlo Information and Parcel M~ t1U17-!U ~U II~1 lU~UU 17LL11111VL 1•~•.L •••• ••-~ ------ r • • PFMD07, 96 ,M A S T E R U P D A T E Parcei Ri04I25U130 Code Area 03 Type Qty dame i3iJCHANAN DARki1N l 210 1...460 420 Buyer 421 CID Address PO 80X 383 ~!~KIDIarr ID 836$0 - 0000 Vaiue 93500 62Lt30 12700 Last Grange 56/0x/16 Sy A5R•_KINSH Totat 168400 lega•! LOT 17 9LK VAC ST ERST ~ AD3 i_UT5 1 TO 13 iNC 8!_K Z hiERIO]:RN 8~!kN KAIi~ROAD ACD izi1G8G--G125-c Grp x45 ~ yp 146 Rp #9142592 MGi840G2001A 3N a.4 u7 Hardship 0 88nk Code lien Code Prepaics I.I.D. Bankrupt Sub.Code A,n;,exation 'NO 4•xemotion Property Zoning i-L Fiag Address ;10501 E BOWER S T '- '~ER101 AFi ID 83642-0000 G.D. Space # 1•ype ~, RE,A~. Ra•i I 1, Pi~I~:Ai~Y OcC. G Action: F2=Select E3=Exit FS=Correct@o Notice F6~Letters f10='i'ax T,ar,*WialN ''PUS.IC 81,042250130 BUG~sRNAN DARNdIN L PO BOX 383 ~a=Rloza-~ IG i~3680 Year SASE CHARGE Hi f l4i±i TAX 95 2658.8a 1 13:9.41 1 1329.x2 9a 2630.72 1 137.5.36 2 13x5.36 93 ;Z54U.U6 1 1270.03 2 11%0.03 92 259%.74 1 1298.57 z 1298.87 s1 ~s14.3a ~ 1657.x_; 2 1657.`x5 "ACTIOiV 95 lnter est as of TAX COLi_ECTI!;:N SYSTEI~i Bank: Prepaid: 8ankr~.l~t: Sub Code: Bi•il# °51106181 RECEIVED 1323.42- 1319.42- 1315.36- ti3i5.36- 1270.03- 1298.87- :t298.87- 1657.~5- ~657.15- 8/1ti15ib .000 [MASTER) 8/16/96 00000 1A:25:56 Tax Vaiue: $177,700 H/0: HA: CB Amt: Cd Area: 03 HALE OI;E T f3 i As„ D'uE 8/16/96 14:25:3[1 ACTIVE CF02-Sa~LE,CT CE03-EX;T CFGS-GAIC REAL. CHARACTERISTICS #PAC 01 OF 01 A UUOODU REAPPRAISAL YEAR= U 13/Xy PARCEL PIHUMEPROUI AUUR UUUUO o OWNER U~ INSPCT ODUUUU BY S/T/R U HEAT AIR CONU UU BURMS UU BaTCH UO DESIGN 0 UwELLING U aPT CLASS 0 MRKGRU 0 ROUT U BSMT ATT INTER 0 VAC U sQFT w B s SHAPE GRFL OODU U UPLV 0000 0 LwLV 0000 0 FIN 0000 BSMT 0000 0 U FIN 0000 ATTC 0000 U U F1N OOUO REPLACEMENT COST 0/00/00 ASSUC PARC SUB Last Change CF2-SELECT BATHROOMS RUUGHEU IN U U KITCHENS HOT TUB U f=P/S FP-ST FP-B FP-M PORCH 0000 0 PATIO-0 0 ODUO 0 CAR STORAGE-1 0 0 0 OODU U LOC 0 -2 U 0 U 0000 0 -:i 0 U 0 UOUO U SHEU U O UOUO 0 DECK 0 0000 0 FLTwRK UUOU POOL OODU LNUSCP U LWS SALE U/00100 PR1CE 0 INST ZONING i-L PH OOU FN 000 EC U00 BLT 0000 REM 0000 EFAG 0000 PART U ITC ODU UOU LNO VAL U INS UOU LANU S1ZE .000 ASK SALE UATE U/UO/UU PRICE U APPEAL VAL U SPC INFL PARTIAL YR VAL U/UU/00 By : CF3-EXIT CF5-MASTER OL'C DATE OOU PRINT TO AUD Action: CF7- NEw MASTER • PFMRUIPU6 9ti N E W M A S T E K U P D A T E STEWART $/15/ Parcel PIHUMEPROUI Code Area U3 Type Qty Value ACTIVE Name %f~ HOME PRU 1NC 17eN1s lz . ~ ~/~ M4~+C~C L• /hcl'~-AE 59U b$U 1176 Uata From 1117$ Master Buyer Bank Code C/0 Dien Code Address 5U$ E BOWER AVE Prepaid L.I.U. MERiOIAN IU Bankrupt $3442 - 2742 Last Change 91/07/U1 By ASR_DOAR Total 14354 Legal RAILROAD R/ MERIDIAN Grp UUU Typ UUU Ap Sub.Code Annexation Exemption Hardship Property Zoning i-L Fiag Address U 05U$ E B OWER ST MERIDIAN IU $3642-DODO Space Type 2 PERSONAL Roll 1 PRIMARY Occ. U NON-OCC Action: F2=Select F3=Exit F10=Tax TAX*MAIN '`PUBLIC TAX COLLECTION SYSTEM (MASTER) $/15/96 UUU PIHUMEPRO UI 17:11:15 HOME PRU INC Bank: Tax Value: $1$:U4 5d$ E BOW ER AVE Prepaid: H/0: MERIDIAN tU $3642-1742 Bankrupt: HA: Sub Code: CB Amt: Bili# 952104371 Cd Area: 03 Year BASE CHARGE Hlfi NET TAX RECEIVED HALF DUE TOTAL DUE 95 170.02 1 135.01 135.01- 2 135.01 135.01- 94 326.4$ 1 163.24 163.24- 2 163.24 163.24- 93 251.$$ 1 125.94 125.94- 2 125.94 125.94- 92 172.10 1 $6.05 $6.05- 1 86 .05 86 . (i5- *acTioN CFU2-SELECT 95 interest as of 8/"15/96 .iiUUo CFU3-EXIT CFUS-CALC ~' OONTRA~'t' O~ 'SALE WITH ESC _"'_' ~ THS Sfi1.LfiR. iQ Aarrrie L. Bnahaneri, • em ?~ ides . c herein called Seller) . 7'HE BVYfiR fs Deri3a ){. 1lcR,eE- as~d P1art,Aa L. 1lcRaQ, husb®ad and wifet lhereln called Buyer). • . AGR'fi~i!$N?: The Seller slid Byeye~r• tA~+reiri walled ps~rties hereto) tereny er~te~r into this contract, ~her~in • aellyd Lhit;~ cantract) sad wutuelly ag~re~ ss iollowQ: pr~s3ses. The filler shall sell eAd•the Buyer eAsll buy tAat• reeX property .the~x'e3n callcad P'x-emRSe$ •rhieh term 3.neludes all 2tiaild~i~,g, ipprover~ente Qz~d f'ixLura-s nov •ean p=- lses~4#ter. plaaed• on such real property) e3~ueted 3n Ada •County, ~daAo, and de+escri.bQd es #allawss late 1 to '13, irclaeiVe, Block 2, ens Lot 37. Black 1• BBaMH'S RAI1-RbA~ ADAITIO)~I ••to Hex'idiasy~ according to the plat.a thereof, filed iii soak 4 0# plats et. • Pa9~' 165, recoz~ds of Ada County, Idaho. Together with that ptrrtiori of vacated 9tA street lyiryg Letrreeri Bl•ocka 1 and 2. Enforcement Expense of the Parties. The losing party in any • court actian brought to enforce any of the pravisiars of ar to collect any sums due on ar to foreclase or to r@sGind t~,is ~~ contract or to enforce any remedy o~ a party k+ereto rhich is provided in this contract or alloyed by lay shall pay to the prevailing party in such action in ell trial and appellate cogrts a reasonable attorney's ~ee• to be fixed Dy auch court, in addition to the casts allowed by lav_ All M'adifiGatiar~r to Dtr liritten_ Na modification of this contract nay any waive;- o~ a pravisian hereof shall Le of any force or effect unless the same itt ira writing and signed by thc~ pertiES hereto_ • Final Agreement. A11 contracts and agreements heretofore made by the parties hereto or their agents pertaining to t?•,E- sale ar,d purchase of the Premises ere merged into and superseded ~y this aantraat v~hich constitutes the sale and tAQ entire contract thereon Detreen they parties~hereto_ Interpr•e~tatian. The paragraph headings usFd herein are far eonver,ience or,1y, arm not a part of this cont~r•act and are not to tie used ir, construing it. This rsar~treat rill be executed ir, several counterparts each of wTiich shell be deemed an original_ Singular terms used herein shell be road as if written in the plural whey, the ecentext so requires of permits_ Hinding Effect. The egreEtnen.tti. herein shall apply to and bind the heirs, executor, administrator, suc~cessars and assigns of the respective parties Aereto.' Effective Date Hereof. Effective date hereof means the date that this contract is dated i~amediately belt•v and ' is tta• date on rhich it will take effect regardless of rhether•ane or more of the parties hereto signed it before ar after that date. 'CONTRACT QF SAGE UiZ'CH ESCROY HOLDER - PAGE 9 • ~ • DA1EU: ~ ~-/0 - ~'Z 5~LLER DAFtMIH L. 6UGHAltiIAH Address r. u. rsox ses.s lteridiaa, Idaho 43642 BUYER DEHIS R. MCRAE Address S06 East Bauer Meridian, Idaho 63642 CONTRACT OF SALE KITE[ ESC[~OK HOLDER - PAGE 10 • • • STATE OF IDAHd ) . ss COUNTY OF ADA ) • On th3 s - ,• ~~ day of _ ~(,t~~ 15 5• Z~-e~ ore we, a Rotary Puk~lie in and for said State, personally eppe~,red Derwin L. k~ucAanar^, known to n~e• to 'be the per~con whose name is sub$aribF-d to the rathir, a»d foregoing irietrum~er,t, and aeknoaledge~d to me that he executed the same. `'~•~ NOTARY PUBLIC, STATE OF IDAHO Residing at !Iy Commission Ercpires STATE OF IDAHO ) ss COUNTY OF ADA ~ ) . Gn tTiis _~3 day a~ //i ~Y , 19 f ~ bef ores me a Hatsry Public in and far, said State, persanally appeared Dense R. McFta~+ and Martha L. ?lcRae, husband ar,d wife, known to the to be the pErsanB vha~se names are subsariDe•d to the within end SoregoinQ instrument, and acknowledgEd to me that tAey executed the 8dme_ IN WITHESa 1VHEREQF, I have T.ereuntc+ set my ha»d and affixed my af~icial sEal the day and year in this certificate first above ys^rfrrr ~~_ • .. ~• ~~ pro i~ •~ NOTARY PUB(.IC, STA?~ OF IDAHO «~ ~~`'~er^.•^~<.tl+~;~~:° Ky Commi$sion Expires; ~. ~ • CONTRACT OF aALE WITH ESCRO~1 HOLDER - PAGE 11 ~'ARCEL MAID Site Number: Site Name: ~L z~ ~~- ~ ~JC~7L al.'s-+-~ ~~~.~~~- <- --- .. ._- ~;~ •• ~ ~*r /~d y~/~ w o V ~ t21'raOO:~i cc ~• AQDI7IQN ~ _ ;,; _. cv v uY~ r n ~~ .. • Proof of Authorization from Legal Owner Site l~eveloptner~'oncepis, L.L.C. ~ 3184 Elder Street Boise, Idaho 83705 Date: Ovrner or Owner'a Contact: Site Name and Nmnbez Site address: 'Sop CJo cc~°~- ~~ . ~o~~ - t Wcstcm PCS is interested in leasing a smell portico of the above referenood properly to construct and operate a communication facility. In order to determine the feasibility of locating such a facility on the properly, and while discussing lease terms and conditions, Western PCS requests that the owner or the owner's representative provide us with permission to enter the properly for testing purposes. In addition, Western PCS is rcqucsstiing authorization to apply and obtain the required permits and licenses from the respxtive governmental agencies in which your property is located. By signing this letter, you are granting Western PCS and its agents the "Acxcss Right" to enter the Property to conduct surreys, soils tests, engineering studies, drive tests or to perform any necessary task to determine the feasibility of constructing and operating a communication facility. You are also granting Westccrn PCS the authorization to apply for and obtain all necessary building, constnction and other governmental permits and licenses required for construction and use of the facility. All such tests, studies and appficatior~ sha[i be at the sole oast aced risk of WesCem PCS. If any portion of the properly is disturbod by Western PCS, or nay of its agcats, Western shall restoreJregair any such at+ea tQ its condition Briar to the a;divity. Both the owner and/or owner's agent and Wcstem PCS aclmowlcdge that no represcatations or commitments have been made that a lease agreement (or similar agreement) concxrring this property will be entered into in the future. Execution of this letter by owner or owner's agent and Western PCS confums the understanding of the parties regarding these matters. Own r or Owner's Agent ~ Date Real Estate Coordinator Date • Maps 7.5 Min Map Site Number: ZD Z DS ~ ' ~' Site Name: ~~~ ~~ ,q-/~ 7.5 MINUTE SERIES (TOPOGRAPHIC) ~ l~l r e 26 ~ 330000 FEET s~ R 1 E 116°22;30rr . . 43°37~30~~ 6 X30 f ~ ZL ~a ~Z N~ a N 0 le ~ o 0 FI a CANAL N ~ ~0 a Q .+ ~.. • ,~ J U o .~ Tr ~ Fh ~ ti' Park h ~ HI I X29 ' ~ ~ ~ ~+ ~ •, 710000 ,.. _ 7/ _ FEET ~'Q Quadrangle: 1'' ~ e1'z~.d: A~-~ , .!-~~t,~c~ Contour Interval: / O ~! , • LOCATOR MAP Site Number: Za 287 - E Site Name: /~ / l~ 1z. off: ~-n,/ MAP SOURCE ~ ~ ~ 5 Je C.~ P S -~ MAP PAGE NO.: z `f Directions To Site: (w~ ,) ,~'- ~~{ -~e ,~'/•erz. ~; q.rJ °7~; 1~~ -o IJ I-~-~ c~ ~) Re4 ~ ~ / i^--~ ~eo.., e$ (s i 57'. ~, ~l'-o ~ o ~.1 ~oc.e~erz. 5-~ . Go • • Photographs of Site and Surroundings ~L~CQS S -fo ~% ~~ ~r~++ ~Jow~ tz S-~, ¢` /s T 5+~. F , SITE NO:~L- Zee S7-~ SITE NAME: // (~~~ SITE NO:,~ Zoa~ - • SITE NAME: / ~'~ ~~~~ .. ;t<, . , +`~til a ''. y71 ~ ~~` t ,4~,'ty- z. ...i~ ~ ~yf ! _ =A" !4d .. .ia ~~ Asa View from lease premise to the north. View from lease premise to the northeast. View from lease premise to the east. View from lease premise to the southeast. . ~.~ ~ / ~ View from lease premise to the west. View from lease premise to the northwest. SITE NO: Zc~S~ - SITE NAME: .• ~~~ View from lease premise to the south. View from lease premise to the southwest. Addendum R~iired Statements • • Addendum to • Application for Conditional Use Permit ADDENDUM CONTAINS INFORMATION REQUIRED by MERIDIAN CONDIT/ONAL USE PERMIT APPLICATION, SOME OF WHICH IS NOT FOUND ELSEWHERE /N THE APPLICAT/ON PACKAGE Applicant Information Applicant: Western PCS II Corporation Agent Representing Applicant: Site Development Concepts 3184 Elder St., Boise, ID 83705 Agent Phone: 208-422-9815 Agent Contact: David Wiltsee Property and Ownership Information Project Location: 508 East Bower Avenue, Meridian, ID 83642 Property Owner of Record: Darwin L. Buchanan Owner in Equity: Denis and Martie L. McRae Address of Owner in Equity: Home Pro Inc., 508 East Bower Avenue, Meridian, ID 83642 Parcel: Ada County Assessor's Pazcel Number R 1042250130 Acreage of Pazce1: 1.46 acres Pazcel Legal Description: Attached with project application Present Use of Subject Property (Existing Land Use) The subject parcel comprises 1.46 acres. The parcel is rectangular, 165' x approximately 385'. Zoning of the subject parcel, and for the general area to the east, south, and west is I-L (light industrial). Bordering the subject pazcel to the north is the Union Pacific railroad. Existing land use of the subject pazcel consists of 1) a plumbing/hazdware supply outlet (building), 2) unpaved and unmarked parking, and 3) unpaved storage areas. A 12' diameter, above-ground storage tank currently stored on the parcel will be moved by the owner to accommodate the proposed project. The tank is empty - it was formerly used to store liquid fertilizer. The specific 1600 square foot area (40' x 40') which the project will occupy is currently vacant. Project Description A Conditional Use Permit (CUP) is being applied for by Western PCS II Corporation, represented by Site Development Concepts, LLC. The proposed project is a Personal Communications Services (PCS) telecommunications receiving and transmitting facility. The facility is to be confined to a leased azea, 40' x 40'. The project site is in the northwestern corner of the subject parcel. The project includes the following: 1. A 40' x 40' leased area enclosed by an 8' gated chain link fence, topped by a 3-strand barbed wire for security purposes. Western PCS I! Applkation Addendum • 2. A 120' tapered monopole, serving as an antenna support structure for (a) telecommunication receiving and transmitting antennas mounted on arms at the top of the antenna support structure and (b) the potential future addition of two 4' diameter microwave dishes mounted at lower points on the monopole. The monopole will be constructed of steel. The proposed color is a "mat tan", designed to blend with nearby semi-arid and seasonally green flora. 3. A concrete slab (12' x 20') on which will rest a Base Transceiver Station (BTS), the radio/computer equipment required to assign incoming and outgoing communications. 4. Provision for a future shelter (also 12' x 20') to rest on the concrete slab and enclose/protect the BTS equipment. 5. A 5' graveled apron on the outside of the security fence, and a graveled turn-around for maintenance vehicles. 6. A designated access (not a formal easement) from East Bower Avenue, approximately 105' north across the subject property to the project site. Project Impacts The proposed telecommunications facility will occupy less than 3% of the 1.46 parcel. Located in a light industrial zone and adjacent to an active railroad, the project will not adversely affect existing land uses and users. In addition to project approvals by the City of Meridian (Conditional Use Permit, followed by building permit), the project will be reviewed by the Idaho Dept. of Transportation's Aeronautics Division and by the Federal Aviation Administration (FAA). Reviews by these agencies will address issues of air safety, including (a) whether the project may be constructed and (b) lighting and marking for aircraft visibility. City of Meridian approval of a Conditional Use Permit in no way prevents the appropriate air safety agencies from imposing conditions of their own. The telecommunications facility will be constructed in a very short period of time following all governmental approvals and permits. Weather permitting, construction may be accomplished in less than one month, thus minimizing construction impacts such as exposed earth, on-site construction equipment, and associated noise. Noise-generating construction activities are conducted during normal working hours, so as not to disrupt morning, evening, night, and weekend activities. Construction access will be minimal -construction entails few workers and very few heavy equipment trips to and from the site. Once in operation, the telecommunications facility will have virtually no impact on surrounding land uses and users. No personnel will be permanently stationed at the site. Occasional visits (usually as infrequently as once a month) will be made by a technician to check on radio equipment, antennas, security, and to perform general property maintenance. The equipment emits no discernible noise, other than some low-level "clicking" heard only if one is within a few feet of the BTS equipment. • A tapered monopole will be constructed. This type of structure is generally considered less conspicuous than other types of structures which would be equally effective from a support standpoint. • The facility is intentionally confined to as small an area as possible. Western PCS /I App/icatton Addendum • • • Provision is made to accommodate future receiving/transmitting antennas, offering a possibility oftower-sharing (collocation) and reducing the need for duplicative structures in the same vicinity. The telecommunications Facility will have no significant, or even discernible, effect on any of the following: 1. Odor 2. Glare 3. Fumes 4. Vibration 5. Public Services or Facilities Utilization or Demand 6. Natural Resources Utilization or Conservation 7. Wildlife/Habitat 8. Flooding/Excessive Runoff Western 1'CS II Application Addendum • Statement -- Agreement to Pay Service Fees and Charges I hereby certify that Western PCS II Corporation agrees to pay all applicable and appropriate sewer, water, trash, and other fees and charges imposed by the City of Meridian, as conditions of approval of a proposed telecommunications facility located at 508 East Bower Avenue, Meridian, Idaho. David H. Wiltsee, Agent/Representative for Western PCS October 10, 1996 • Statement -Verification of Correctness of Contents I hereby verify that I have read the contents of this application for a Conditional Use Permit, submitted by Western PCS II Corporation, for a telecommunications facility at 508 East Bower Avenue, Meridian, Idaho, and find the contents therein to be true and correct to the best of my knowledge. ~o,,,de. ~ G/~~ David H. Wiltsee, AgentlRepresentative for Western PCS October ] 0, 1996 1 Maps • 7.5 Min Map Site Number: ~D Z DS 7 - ~ Site Name: ~~~ ~% iA-h~ 7 ~ MiNliTF. SF.RtF.S (TOPOGRAPHIC) ry~~'~ ~~~ °37~30~~ f .o °: n ro ~ J 00 N h y d ~ U O W ti F Q f ~ y ~ ~ W h O m 000 T Quadrangle: 1'' ~ e1'z~,~: l~-rJ ~ .1--~~v~ Contour Interval: ~ O F ~ ~ ~ LOCATOR MAP Site Number: Z~ 2~$7 ' ~ Site Name: /~ / 1. ~. off: A-~ MAP SOURCE ~ ~ 5 -e C,' P 5-~ MAP PAGE NO.: Z Directions To Site: ~z eo..- eS (5 ~ S % E , -l-d ~ o ~1 -~~ e.rz 5-~ . Go ~j~'°JC , Z ~( ~S -~ ~ ~ ~oi~ Pi`s " m n1 O • Legal Description k Legal Description The Property is legally described as follows: All that real property (herein called Premises which term iacludes all building, improvements and fixtures now on or hereafter placed on such real property) situated in Ada County, Idaho, and described as follows: Lots 1 to 13, inclusive, Block Z, and Lot 17, Block 1, BROWN'S RAILROAD ADDITION to Meridian, according to the plats thereof, filed in Book 4 of Plats at page 165, records of Ada County, Idaho. Together with that portion of vacated 4`h street lying between Blocks 1 and 2. l~'i10~1 ~'~~-~ Fi~.~ Fes? N - . ____.~______r -._._ -- ~ _ ._ O ---~------ - - -------- ~~ ~t n.A.4~d ~.' . _. 5:4=N o~ Ex~3~ r;.~q v ~ ~~d9- ~~ ~ ui:C..~ra~st [C t 1 -_-- -~ - ;~ BOWER STREET - _ ., _ ...: _~ -- .-~-~-x--,.._ -~-,.--- - --...--~ NOT TO SCALE • • Land Titl®Information and Parcel Map I1U17-!U-~U 1'1\1 iu~uu n~.~i~uw+. ~+~~~- • • ~FMDO~, 96 'hf A S T E R U P D A T ~, Rarcei Ri04225Ui30 Cade ArBa 03 Type Qty Name dUCaiANaN GARIvIH L 210 i.. 460 420 Buyer ~ 411 CIO Address PO SOX 383 MEKIDIAfv ID 836$0 - 0000 Vaiue 93500 6121;G 12700 Last Change 56!04/"1,b 8y ASR_KIN~H Totai 168400 Lega•! L^u l' 17 BLK VAC ST EAST ~ AD;i LUTS 1 TO 13 IN% BLi< Z NE.RIDIAN 80i~N i2aii~ROAD ACD f~lJGB(~--0125-C Grp ]l45 Typ 146 Ap #9142592 MGi840G2401A 3N a. E: u^'/ Nardsi~ip 0 Bank Lode ~,ien Code Prepaic+ L.I.D. Se~nkrupt Sub.Cpde Rnnexation 'N0 4•xemot i an property 'Lon i ng i--L f 1 ag Address uC5u2 E SOWER ST'~ McR1DlAh i0 83642-OODU G.D. Space # Type ~, RcAL Ra'i I ~, pRI~:ARY OeC. G Action: F2=Select >;3-Exit i=S=Corrected Notice ~6~Lettsrs i=10=TRX TAY,`MAi(4 '`i'uSLIG TAX COLL~GrICN SYSTEIW R7,p42250130 SUGNAtiAN DAR6dIN L Bank: PO BOX 383 'repaid: ;~~RIOIRhi IG $36£30 Sanicrupt: Sub Code: Year BASE ChARGE Fi i f NE,T TAX 95 2658.84 1 :~32~3.41 1 1329.2 9a 2630.72 1 1315.36 2 ]. 3;s 5.36 93 15~4U.06 1 1270.03 2 11•%0.03 92 Z59"l. 74 1 1298.8% 2 ~x9s.87 41 3314.30 1 1657.7,5 z 1657. "1.5 "ACTiO~V 95 lnterest as of Bi".1#. 9511G618i RECEiV4D 1329.42- 1319.42- 1315.36- 13i5.36- 1270.03- 127G.p,i- 1298.87- 1198.>37- 1651.i5w ~657.15- 8%1ti/5~6 .000 MASTER) 8/16/56 00000 14:25:56 Tax Value: $177,700 H/0: HA: CB Amt: Cd Arsa: 03 FiAL~ DI;E rG i Ai„ Duc ,. 8/16/Si6 14:25:3[i ACTIVE CFOI`SELECT C~03-EX;T CFGS`GALC . • • RERL CHARACTERISTICS #PaC 0"1 OF Ul A UUOODU REAPPRAISAL YEAR= U 8l15~ PARCEL PIHUMEPRUUI AUUR UUUUO o OWNER UU INSPCT ODUUUU BY S/T/R U HEAT AiR CUND 00 BURMS UU BATCH UU DESIGN 0 DWELLING O aP~i CLASS 0 MRKGRU 0 ROUF U BSMT ATT INTER 0 VAC 0 5QFT W B 5 SHAPE GRFL 0000 U UPLV U000 0 LWLV OOOU U FIN 0000 BSMT 0000 0 U F1N 0000 A T 1' C 0000 0 0 FIN OUOU REPLACEMENT COST 0/00/OU A55UC PARC SUB Last Change CF2-SELECT BATHROOMS RUUGHEU 1N U 0 KIfCHENS HOT TUB U FP/S FP-5T FP-B FP-M PORCH 0000 U PAT10-0 O OODU U CAR STORAGE-1 0 0 U ODUU U LOC 0 -1 U O U OODU 0 -:i U U 0 OOUO U SHED U O UUUO U DECK U UUOU U FLTWRK UUUU PUUL UUUU LNUSCP U LWS (. SALE O/UO/UO PRICE 0 INST ZONING I-L PH OOU FN OOU EC UOU BLT ODUU REM OOOU EFAG UU00 PART O ITC 0UU 000 LND VAL O INS 0001. LAND 51ZE .000 ASK SALE DATE U/UU/00 PRICE C O APPEAL VAL U SPC 1NFL C PARTIAL YR VAL G/OU/OU By CF3-EXIT CF5-MASTER OCC DATE UUU PRINT TU AUU Action: CF7- NEW MASTER • • PFMRUIPUB 96 N E W M A S T E R U P U A 1 E STEWART $/15/' Parcel PIHUMEPRUU"1 Code Area U3 Type Qty Value ACTIVE Name HOME PRU INC 590 1176 Uata From ~t~ ~eN;S R . ~ 1114"~'E'~E L~ /hc~~ 6$U 1117$ Master Buyer Bank Code C/O Lien Code Address 5U$ E BOWER AVE Prepaid L.i.U. MERIUTAN IU Bankrupt $3 642 - 27 41 Sub.Code Last Change 92/0]/07 By ASR_DUAR Annexation Total 14354 Legal RAILROAD R/ MERIUTAN Exemption Grp UUU Typ UGO Ap Hardship Property Zoning I-L Flag Address 0050$ E BOWER S~C MERiD1AN lU $3642-0000 Space Type 2 PERSONAL Roii ]. .PRIMARY Occ. U NON-OCC Action: F2=Se1ect F3=Exit F10=Tax TAX"MAIN '`PUBLIC TAX COLLE CTION SYSTEM (MASTER) $/15/96 UUU p1HONiEPR001 17:12:25 HOME PRO INC Bank: Tax Value: $1$,04 50$ E BOWER AVE Prepaid: H/O: MERIUTAN iU $3642-2742 Bankrupt: HA: Sub Code: CB Amt: Biil# 951104371 Cd Area: 03 Year BASE CHARGE Hlf NET TAX RECEIVED HALF DUE TOTAL DUE 95 170.02 1 135.01 135.01- 2 135.01 135.01- 94 326.4$ 1 163.24 163.24- 1 163.24 163.14- 93 251.$$ 1 125.94 125.94- 1 125.94 125.94- 92 171.10 1 $6.05 $6.05- 2 $6.05 $6.U5- '`ACTION 9S Interest as ofi $/15/96 .iiUU% CFU1-SELECT CFU:3-EXI1 CFUS-CALC y- 1 1- I `J• yb 4= DC>rl~~ r rcuri r1~.~.u v i • EONTRA~'i' Off' 'a~'ALE . NI TH €JiC THE SELLER. i$ DaY-nits L. BuaAanari, • eh ?~ iden , t herein called Seller). ?HE BUYER fs Deri3a R. 1lcRae and Nart.he L. NcRae, htasbaod aad wife; laereio celled Buyer). AGREEi'IE)iT: The Seller end Buyer Tiereby erite~r iata this Contract. actually og~ree as ia2lo~rp: i hE~reiri called parties hereto) ~her~.+in.celled this contract) and Pr~misea. Tti~+ ~elle~r shall sell and• the Buyer shall buy that • r~-eX property-• .chex-e•3,s cpl2ed p-x.e*ise$ •rhieh term 3neluides a],1 bwiid?~ng, ipprpveaents aid fixtures ssov .4n ar hes~e~After pleeed• on ouch real property) situated 3n Ada •County. 1daAo, end deacri,b6*d ea fallo*rss late i to •13, 3nclueive. Block 2, end Lot 17', 81ack 1, 9RaMH'S RAILRbAIx ADpIT201~1 ••to ~lex~idien, aGaord3ng tt, the plats thereof, ~31ed iri Book 4 of P1at$ et • paA~' 165. records of Ads Gonnty. Ideha. Together with that pt~rtion of vacated 4th at,reet lying betv~ry Bl•ocka 1 and 2. • . ~sv. .. 9- i i - ~ ~y6 4 ='~tSf•'M 1- KUM Hl;laiv I r UIVtKHL r-IUMt te~oooooo..~.~ • • Enforcement Expense of the Parties. The losing party in gny ' court aatior, k-rought to enforce any of the prav~,sions of ar to collect any sums due an or to foreclaele ar to rescind tt,is ca>ntrect ar to enforce any remQdy o~ a party Aereto rhiaA is provided in this contract ar alloyed by law shall pay to the prevailing party in such action ir, ell trial and app@llete~ courts a reasonable attorney's fee to be fixed by such court. in addition to the casts alloyed by law. All M•adifiaatiar~$ to De Written_ Na mod3fieatiar, of this contract nnr any rawer of a pr•avisian hereof shall be of any farce or effect unlesa~ the same is ir, writing and signed by tht+ parties hereto. Final Agreement. A11 cor,trects and agreeme•ntls heretofore roadE by tT,e parties hereto or their agents pertaining to the sale ar,d purchase of the Premises ere merged into and superseded by this contract rhich constitutes the sale ar,d the entire contract thereon, between the partie•s~ hereto_ Znterpr•etatiar,. The paragraph headings used herein are far conver,ienae only, arE not a part of thss coatac•ect and are not to >ae used ir, eorstruing it. This contract rill be executed ir, several counterparts each of wtiict, shell lac deemed en original_ Singular terms used herein shell De read as ii written in the plural when, the cC-ntext so requires at permits. Binding Effect. T}•,e agreements Aer•ein shell apply to and bind the heirs, executor, administretar, successors end assiflns of the respective parties >hereto.' Effective Aate Hereof. Effective date hereof' means the date' that this contract i,s dated immediately below and ' is tt.cr date or, which it will take ef~Eect regerdle$s of w>7ether 'one or more of thE• parties he'r'eto signed 3t before cir after that date. •COKTRACT Ql: SALE 4f I'PH BSCRt7M HOLDER - PAGE 9 y-II-IJyb 4:5yrrl DATED ; r KUI"1 Hl.liGl u I r UI ~~r-~r-~` i I~r~~ cu....v.+..... ~..~ • ~ • ~-/o - p'z 5ELLER DAFt1~IH L. P~UCHAWAI~I AddreBS r. u. aox sas ![eridiaa, Idaho A3642 BUYER DENIS R. lSCRAE Address S08 East Boner Keridisn, Idaho 83642 CONTRACT OF SALE KITH ESCROfid HOLDER - PAGE 10 • I • • STATE OF IDAHD ) ss COUNTY OF ADA ) . CIn this ~ day of _ /~G~.c~ . 19ry~Zbefore tae, a Tlotery Public in and far said State, personally appeared Darrin L. Buchanan,, knovri to me, to 'Le the person, rAase name is subsaribE-d to tT~e rath,ir, ar,d foregoing ir,atrument, end eCknavledge~d to me that he executed the same. ~. NOTARY PUBLIC, STATE OF IDAHO Residing at __ ' P[y Commission Expires ~_~ STATE OF IDAHO ) ss COUNTY OF ADA ~ ) Un tTiis ~3 day of /~i~,^, , 19 ~Z before me a Hatary Pub~.ic in and far. said State, personally appeared Der,is R. McRae and Mgrtha L. 17cRae, husband and trite, known to me to he the ~,E-rsans vha~se names are su2-,aeriDc~d to tha ritt,in ar,d foregoing instrument, and acknotrledged to me that they executed the seme_ IN WITNESS MHEkEOF, I have ?.ereur,to set my hand and affixed my afSicial seal tAe day and year in tt,i.s eerti,fieate first above rri tten _ ,,~,a~ya^rrrr•rr~~~~.1 ~~ ,, r ~. ~ G ~-r4s iT .: a ~ NOTARY PUBLIC, STATE OF IDAHO !'[y Commission Expires; ~~~_~ . '~ ~~' $ • "Lam ,.,~ ~~~"~•rrr^^~aa~~ coNTRACT of SALE wiTH ESCRdw HOLDER - PAGE it ~'ARCEL MAP'S Site Number: ~ L ~~ ~~ ~ ~ Site Name: ~~~~~~ ~~'"~ s". ^r .. ~ ~~~~ Rab9z~5o AoolTioN c, T ~~ i n ~~ ~+ ~ <;' ~*~ ~ ~ C? i~ U ~ ... -'' a ~ U rw~n~ . V~ r • Proof of Authorization from Legal Owner ~° ,Site Developmeoncepis, L.L.C. 3184 Elder Stt~eet Boise, Idaho 83705 Date: Owner or Owner's Contact: Site Name and Number: Site address: j ~g ~©~~- ~~ Dear ~ ~ ~ ~ /yl r~5, /YI C ~ ~ ~o~ ~ - t Wcstcm PCS is interested in leasing a small portion of the above rcferencxd property to construct and operate a communication facility. In onler to determine the feasibility of locating such a facility on the property, and whtic discussing lease tams and conditions, Western PCS requests that the owner or the owner's rcptrsentative provide us with permission to enter the property for testing purposes. In addition, Western PCS is requesting authorization to apply and obtain the required permits and licenses from the respective govcmmcntal agencies in which your property is located. 13y signing this letter, you arc granting Western PCS and its agents the "Access Right' to enter the properly to conduct surveys, soils fasts, engineering studies, drive tests or to perform any necessary task to determine the feasibility of constructing and operating a communication facility. You are also granting Western PCS the authorization to apply for and obtain all necessary building, construction and other governmental permits and licenses required for construction and use of the facility. All such tests, studies and applications shall be at the sole oast and risk of Western PCS. If any portion of the property is disturbed by West~cta PCS. or any of its agents, Western shall t+estorrltcgairceny such area to its condition pricer to the activity. Both the owner and/or owner's agent and Western PCS acknowledge that no reprrscntations or commitment4 have been made that a lease agrcemcnt (or sicndar agr+cemcnt) concxming this properly will be ent~cred into in the future. Exxution of this letter by owner or owner's agent and Western PCS confirms the understanding of the parties regarding these matters. ~ c /C"~ ~~~ ~~ VVYIICI oI OWnCr'S Agent ~ - ~ s-1~6 Date < S ~(p Real Estate Coordinator Date • • Photographs of Site and Surroundings • SITE NO:~ G Z~ S 7 - ~ SITE NAME: / ~ l ~iF4d i !~ View from lease premise to the north. View from lease premise to the northeast. • ~ ~ • SITE NO:~L ZOS7" ~ SITE NAME: a~ ~~` View from lease premise to the east. View from lease premise to the southeast. SITE NO:~ SGZ~FJ - SITE NAME: /'~Psl,.aC; /~-J View from lease premise to the west. View from lease premise to the northwest. SITE NO:_ ~ ~ ZOS7~ SITE NAME: ~~ /'~/~~~~ .. SITE NO:~ Zc~S7 ~ SITE NAME: // / ~~ ~~ View from lease premise to the south. View from lease premise to the southwest. • • Properties and Ownership Within Required Legal Notification Distance of Sect Parcel ,, ._ . v~~ 1..412 West Idah s:~ . . ^ 8385 Emerald S • ,~ • ALLI!~~CE ~ TITLE !c E.fCROW CORP. 0 ~ , P.O. Box 7546 ~ Boise, Idaho~83707 •,x(208) 336-G515 ~ FAX (208) 343-4898. t ~ Boise,'Idaho83704 ?(208) 378-1666 ~ FAX (208)_375-6323 '~Yt ~ a 20 ~-~ ~ ~t~~ 2~~7 ~ _. 1~I.e~~ra~ ,~.~~ 1~ ~~ ~~ Xi Ettl EZtl 'tl c 1 I I ~ '~ I i tE90009L59tl I I I I I I ~ I ~' I I I I I I I T ..~ t-... - .-t - I I ~ ~ ~ `~ I ~ I I: I Z I \•• • I ~ ::` •,QO£9Er,L0 T ~ •-' J ~ `~ ~ ST092erOTtl S9EE2tl ~ '~, . 9EE2tl '• ~ ~ • , ~ \ I )y6EZtl I ~~ : I O I N ~ ~ ~ ~ I 2Q06 I `.~ .~ '~. 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'f>u~ W ~ t sr a tp~` -~ s a~ ~ ` f i. .V.~ ,I I ~.:, X11: a ai I + g~~,~ ~o >;I ~II ~,~~ ~' , N~•,.~.n .t ,i rttx ~ ~ aoc•t~`•~ ' . ~t .~ tl ~' > _....lis sxaa. a its. _ # .~ ~~§fft si ~`"7 ? - -- ~° .~' r~ ~ E.~ • • •PFMR02PUB 96 N E W M A S T E R U P D A T E STEWART 9/27/96 Parcel 87596000545 Code Area 03 Type Qty Value ACTIVE Name OREGON SHORT LINE R R CO 670 Data From Master Buyer Bank Code C/0 PROPERTY TAX DEPARTMENT Lien Code Address PO BOX 2500 Prepaid . L.I.D. BROOMFIELD CO Bankrupt 80020 - 0000 fast Change 85/03/05 By : A7 legal PAR #0545 OF SEC 7 3N 1E & OF BLK5 3 4 9 ROWAN ADD AMD M1671003001A Property Address 00000 Space Type 1 REAL F2=Select F3=Exit Total Grp 000 Typ 000 Ap 3N 1E 07 Hardship Zoning I-L ID Roll 1. PRIMARY Occ. 0 NON-OCC F10=Tax Sub.Code Annexation 'NO Nates Exemption Flag D.D. Action: • • '~FMR02PUB 96 N E W M A S T E R U P D A T E STEWART 9/29/96 Parcel 01107325500 Code Area 03 Type Qtv Value ACTIVE Name BOISE CASCADE CORP 600 200100 Data From Master Buyer Bank Code C/0 PROP TAX DEPT Lien Code Address PO BOX 50 Prepaid L.I.D. BOISE ID Bankrupt " 83728 - 0000 Last Change : 96/03/12 By : A5R_DIXIE Legal U P PROPERTY MERIDIAN - Sub.Code Annexation `NO Total 200100 Notes Exemption Grp 000 Typ 000 Ap Hardship Property Zoning I-L Flag Address 00415 E BROADWAY AVE MERIDIAN ID 83642-0000 Space Type 2 PERSONAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: F2=Select. F3=Exit F10=Tax • 'PFMR02P UB 96 N E W M A S T E R U P D A T E STEWART 9/27/96 Parcel 81042250015 C ode Area 03 Type Qty Value ACTIVE. Name COBBS LYLE R & DONNA L AND 22.0 .37 0 32200 Data From BROWN C COMER & HAZEL V 430 54200 Master Buyer Bank Code COB C/0 l_ i en Code Address 326 N ORCHARD Prepaid L.I.D. BOISE ID Bankrupt '` 83706 - 0000 5ub.Code Last Cha nge 94/02/08 By ASR_LA ZEN Annexation "NO Total 86400 Notes Legal L07S 4 TO 7 INC BLK 1 MERIDIAN BOWNS RR ADD Exemption #8754980 81 Grp 000 Typ 000 Ap ~i0184001004A 3N 1E 07 Har dship Property Zon ing I-L Flag Address 00521 E 03RD ST MERIDI AN ID 83642-0000 D.D. Space Type 1 RE AL Roll 1. P RIMARY Occ. 0 NON-OCC Action: F2=Selec t F3=Exit F10=Tax • • ` PFMR02PUB 96 N E W M A S T E R U P D A T E STEWART 9/27/96 Parcel 81042250035 Code Area 03 Type Qty Value ACTIVE Name SIMPL.OT J R CO 210 .860 749.00 Oata From 420 135100 Master Buyer Bank Code C/0 SIMPLOT SOIL B UILDERS Lien Code Address PO BOX 27 Prepaid L.I.D. BOISE ID Bankrupt 83707 -- 0027 - - 5ub.Code Last Change : 91/04/11 By ASR_WEITZL Annexation *P#0 Total 210000 Notes Legal LOTS 8-16 INC BLK 1 MERIDIAN GOWNS RR ADD Exemption M0184001008A Property Address 00360 E BOWER Space Type 1 REAL F2=Select F3=Exit Grp 000 Typ 000 Ap 3N lE Q7 Hardship Zaning I-L Flag ST MERIDIAN ID 83642-0000 D.D. Roll 1 PRIMARY Occ. 0 NON-OCC Action: F10=Tax • • PFMR02P U8 96 N E W M A S T E R U P D A T E STEWART 9/27/96 Parcel R1042150$00 Cod e Area 03 Type Qty Value ACTIVE Name HOOVER LYND M ~ 200 .29 0 19900 Data From 410 20000 Master Buyer 411 20000 Bank Code C/0 Lien Code Address 3420 SUGAR CR Prepaid L.I.D. MERIDIAN ID Bankrupt 83642 - 2651 Sub.Code Last Cha nge 95/12/28 By : ASR_KI NSH Annexation "NO Total 59900 Notes legal PAR #0800 OF LOT 4 MERIDIAN BOWN 2ND ADD Exemption #9110917-23 Grp 000 Typ 000 Ap M01$5000004C 3N 1E 07 Hardship Property Zoning I-L Flag Address 00333 E BOWEP. ST MERIDI AN ID 83642-0000 D.D. Space Type 1 REAt_ Roll 1 PRIMARY Occ. 0 NON-OCC Action: F2=Selec t F3=Exit F10=Tax • .PFMR~2P UB 96 N E W M A S T E R U P D A T E STEWART 9/27/96 Parcel 81042150830 Cod e Area 03 Type Qty Value ACTIVE Name PLATEN ROBERT M 200 .09 0 13900 Data From 410 34300 Master Buyer Bank Code C/0 Lien Code Address 2720 VENABLE LN Prepaid L.I.D. MERIDIAN ID Bankrupt 83642 - 0000 - - Sub.Code last Cha nge 95/04/26 By : ASR_OTT Annexation *NO Total 48200 Notes Legal E 55' OF N 75' OF LOT 4 Exemption MERIDIAN BOWN 2ND #9314101. #931.4102 Grp 000 Typ 000 Ap M0185000004A 3N 1E 07 Har dship Property Zon ing I-L Flag Address 00349 E BOWER ST MERIDI AN ID 83642-0000 D.D. Space Type 1 REAL Ro11 1 PRIMARY Occ. 0 NON-OCC Action: F2=Selec t F3=Exit F10=Tax • ~PFMR~02P UB 96 N E W M A S T E R U P D A T E STEWART 9/27/96 Parcel 81042150835 Cod e Area 03 Type Qty Value ACTIVE Name BL.ESSIN BARRY K ~ 200 .20 0 19900 Data From 410 41200 Master Buyer 990 20600- Bank Code C/0 Lien Code Address 217 E ADA Prepaid L.I.D. MERIDIAN ID Bankrupt * 83642 - 0000 Sub.Code Last Cha nge 96/09/16 By : ASR2 _MOUSE Annexation *NO Total 40500 Notes Legal E 120 FT OF LOT 4 EXC E 55 FT OF N 75 F T Exemption MERIDIAN BOWN 2ND AD #96069162 Crp 000 Typ 000 Ap M0185000004B 3N 1E 07 Hardship Property Zaning I-l. Flag Address 00343 E BOWER ST MERIDI AN ID $3642-0000 D.D. Space Type ]_ REAL Ro ll ]. P RIMARY Occ. Q NON-OCC Action: F2=Selec t F3=Exit F10=Tax • ~PFMF~02PUB 9E N E W M A S T E R U P D A T E STEWART 9/27/gG Parcel 81042150845 Code Area 03 Type Qty Value ACTIVE Name BLESSIN BARRY K 200 1.030 30000 Data From Master Buyer Bank Code C/0 ~ Lien Code Address 217 E ADA Prepaid L.I.D. MERIDIAN ID Bankrupt '~ 83642 - 0000 ~ - Sub.Code last Change 94/07/20 By AS8_CRAF7 Annexation '`NO Total 30000 Notes legal LOT 5 EXC N 5?_' OF W 140' N 20' OF LOT 6 Exemption BOWNS 2ND ADD AMD #0840 B Grp 000 Typ 000 Ap #8955294 M0185000005A 3N 1E 07 Hardship Property Zoning 0-T Flag Address 00410 E 03RD 5T MERIDIAN ID 83642-0000 D.D. Space Type 1 REAL Roll 1 pBIMARY Occ. 0 NON-OCC Action: F2=Select F3=Exit Fl.O=Tax ~FMD(~1 96 P1 A S T E R U P D A T E 9/29/96 18:33:55 Parcel 85672030110 Code Area 03 Tvpe Qty Value ACTIVE Name MERIDIAN INDUSTRIAL PARK 2?_0 1.259 51800 Bank Code Buyer Lien Code C/0 Prepaid Address PO BOX 8204 l_.I.D. Bankrupt BOISE ID 5ub.Code 83707 - 0000 Annexation "NO Last Change : 95/10/11 By : ASR_DIXiE Notes Total 51800 legal LOT 6 BLK 1 MERIDIAN BUSINESS PARK Exemption M32050010060 3P! 1E 07 Crp 999 Typ 999 Ap Hardship 0 Property 7_aning I-L Flag Address 00283 E 05TH ST MERIDIAN ID 83642-0000 D.D. Space # Type 1 REAL Rall a. PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on November 12, 1996, for the purpose of reviewing and considering the Application of Western Wireless, for a Conditional Use Permit for land located in Section 7, T.3N., R.1 E., Boise Meridian, Ada County, Idaho, and which property is generally located at 508 E. Bower. The Application requests a conditional use permit for the installation of a 120-foot antenna support structure for the transmission and reception of radio signals. Amore particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invi#ed to submit testimony. Dated this 16th day of November, 1996. WILLIAM G. BERG, JR., CI CLERK ,~{ ,. ' ~ t l .. ~ ,! ' f.. ~ t. r F. ... .~., av=v _ Z Q. ~ a U 5Y a~ ~°DO O ~ ~ ~ U W Ztng x~ vv V O W~ ~d' z ~~ J WZZO~ e 3~~ ~a ma ~ 4Vf! g a cn ~ 3 z o ~ ~ ~3-' z ~ O C~ ~ ~ Z a~ ~ ~ ~ o ~ Z ~no~ w O (UI1 COQ < ~ ? ~ o a~U ~ O W ~ ~ U W w ~w3 0 ~ ~ z v ~ m Z~~ cW.~ cwi m ~ ~ J W '~ N v WIZ ~ W ~ ' ~ laJ ~ W J ~ O W _ O x a ^ Z ~W Q ~ ~ N ~ a < W °w O z~ OO a W z ~ O ~ ~ N Z W d F N ~ O 0 Fc,~ ~ ~ = w ~ ~ _' ~ N ~ ~ O ~~~ W W w i~ zoo ~ ~ a ~~' v m v v v fv .~. v ~g ~~ Wd ~~ ~~ ~~ ~~ 6~ ~~~ ~~ ~~~~ ~~ ~ ~~ ~^ ~ ~ _ .~ ~U~ ~tl =~YF g<Ctl ¢W E~~ ~ 3Q~ ~~~ ~ ~~ ~ ~a~ ~~ ~~ s~o $~~~ ~~ ~ ~ ~~~o ~o~~ ~~~ ~WBF~~ ~~~~ ~~ ~ ~ aGt ~$ ~ ~~~~ a$-~ ~~ ~~ ~~, ~~ ~ ~ ~~~ ~~ ~ ~~~~ ~aW~~ ~ ~ o ~~ ~~ ~ ~ ~o ~ gg ~ g ~ ~ `~ ~ ~~ ~ ~ ~°- o O, WW 2 ~~ ~ ~~ ~~ e W~ d ~ ~Z$ _n W ~~ ~ ~ ~ ~ ~ ~~ ~ ~~ ~~~ ~~ y~a ~~ ~~~ ~~ ~~ iJ ...,~ >: :f ~~ ,~~ ~ o "' ~ m ~ j ~ z } U ~ r,. as 371/3 s ~ Z La7 `V ~. n S ~a,~ ~ -+- ~ ' W' OIMION7 91tZL . Mt! A8 COVBL OrIION 119! GOAL. ~ 13' W ] X ] X W MM.! ,~,~ypR 4• ~A / MO W DIA OO'ANSION ydp Tp ~,y.! 00.79 AT M' OL, , ~ .. !LOPE BOTTOM TO PALE Of fIO~tALK AIU PiJ19N l ' W A8P111LT 7-0• SIDEWALK DRAIN DETP.IL NTS SNEETINDEX SP SITE PLAN AND COVER SHEET Li LANDSCAPE PLAN _ OP DRAINAGE PLAN ~ FP FOUNDATION PLAN p Al FLOOR PLAN "I A2 BUILDING SECTKNIS AND OETARS W A3 ELEVATIONS p 0 t n PROJECT DATA ~ . O BUILDING TYPE 5N YI BASIC ALLOWABLE AREA 8000 SF SEPARATION 3 SIDES BY 40.0' ~ 8000 SF TOTAL ALLOWABLE 16000 SF TRIPLE FOR FBtE SPRINKLERS TOTAL ALLOWABLE BUILDING AREA 48,000 SF OCCUPANCY TYPE: B, S1, F-1 20NING: C-G SF ASPHALT: 45,230 SF LANDSCAPING: 8,406 r-cwcn~ woTEs 1. THIS PROJECT SHALL MEET ALL REQIARE9AENT3 AND PROVISWNS OF • THE FOLLOWING CODES: U.B.C. 1/94 EO., U.M.C. 1891 EO., N.E.C. 1992 EO., AND U.F.C. 1994 ED. 2 ALL DIMENSKTNS ARE TO THE CENTERLINE OF STRUCTURE UNLESS NOTED. 3. ON9EM&ONS TAKE PRECEDENCE OVER SCALE. 4. WFIERE ITEMS ARE NOT SPECIFiEO. BUILDNG STANOAR~ SHALL BE MABITANIED. ~ . 6. ~pACTOR lO KEEP CONSTRUCTION Sf1E CLEAN AND FREE OF RUBBISH AT ALL TIMES AND SHALL PROTECT ADJACENT WORK FROM DAMAGE, SOILNIG, PADtf OVERSPRAY, ETC. 6. EVERY EXIT DODR SFIALL 8E OPERABLE FROM THE ~WRHOUT THE USE OF A KEY, TOOL OR EPECLAI KNOIIR-mCsE T FNU: gpryIAU,ER SVSTEM TO BE DL COMPLIANCE WITH N.FAA. 13 ANO u.e.c. sEC710N 3eo1 rot• t. PROVIDE FIRE EXTINOUISNER AS REQUIRED BY FIRE DEPARTMENT AND FIELD INSPECTOR. !. PROVIDE N1119RNATEO EIDT SILiNS MATH A MIMMUM HEIGHT OF 9' AND POT CBE LOCATE ID N AN APPROVED LOCATKNIE FIRE MARSHALJ- 10. PROVIDE EMERGENCY LIGHTING PER U.B.C. AND ELECTRICAL CODE. 1/. All AREAS SHALL COMPLY WITH ALL A.DA. REQIUREMENT3. eliF NnTce 1. EXISTING LANDSCAPING 2. EXISTRG CURB, GUTTER, AND SIDEWALK. 3. NEW CURB, GUTTER AND SIDEWALK. 4. 6' EXTRUDED CONCRETE CURB (TYPICAL) 5. ASPHALT PAVING. SEE GRADING AND DRAINAGE PLANS FOR DETAILS. 8. CATCH BASCI VERIFY LOCATION WITH DRAAiAGE PLAN 7. STEEL STAIRS ANO LANDAK3 SEE DETAIL 8. 6" THICK CONCRETE APRON 8. 9.0'x20'0' PARKING STALLS BETWEEN OVERHEAD DOORS 10. TRASH ENCLOSURE WITH 6• SLATTED CHAIN L.N4K FENCE SCREENING 11. 4• WIDE STALL MARKER (TYPICAL) 12. NEW LANDSCAPING. SEE LANDSCAPE PLAN 13. CONCRETE RAMP UP AT 1 to 20 14. INTERNATIONAL HANDICAPPED SYMBOL, STRIPPMK3 AND SIGNS. PER A.DA. REQUIREMENTS, SEE DETAILS. D S~J _3-°_~-y I rwoviOe w+o~cr~ iaeo AT lALN rAgCRM 6TALL A6 lOIGATO7 -I~OVID! a! 4 YGR e~aw NTM YM1L IOSO Y ~ ~ /1 ,: i E T 0 tM p. DETA~ AT PARKAVG LOGO ~~ P~~ ~ r c WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY .~ GOUNGIL ti". I~~RFpR A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & 2 COMMISSION Phone (208) 888-4433 • FAX (208) 887-481° ~ ~ ~ a V ~ (m1, ~HNSON, Chairman Public WorksBuilding Department (208) 887-2211 ~J l~ 1~' TIM HEPPER Motor Vehicle/Drivers 1[.icense (208) 888-4443 0 C j ~' ' 1996 JIM SHEARER GREG OSLUND ROBERT D. CORR)~ NAMPA ~ MERIDIAN MALCOLM MACCOY ~y°i IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 5. 1~6 ~ __.,_._. ~~~~_ TRANSMITTAL DATE: 10/16/96 HEARING DATE: 11/12/96 REQUEST: Conditional Use Permit for a telecommunication acility BY: Western PCS 11 Coro LOCATION OF PROPERTY OR PROJECT: 508 Bower Stree JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 GREG ADA COUNTY HIGHWAY DISTRICT REGEe V ~~ OSLUND, P2 ADA PLANNING ASSOCIATION KEITH BORUP, P2 B CENTRAL DISTRICT HEALTH N 0 V 1 $ 199$ OB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C rITY ~~ MERIDIAi~ IDAHO POWER CO.(PRELIM 8 FINAL PLAT) -.WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT] GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -.-WATER DEPARTMENT ` BUREAU OF RECl.A'.7ATION(PRELlM ~ FINAL P'L~,T) _s Eiiv~R EPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District requires that a Land Use Change/Site CITY ATTORNEY CITY ENGINEER Development application be filed for review prior CITY PLANNER to final platting. Contact Donna Moore at 343-1884 All laterals and or 466-7861 for further information waste wa s must be rotected. All munici al surface drainage must be retained on site. If any surface drainage leaves the s t Meridian Irrigation District i e, ampa must review drainage plans The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all develo ments within Nam a & Meridian Irri ation District. S,an~erel _ Bill'Henson, Assam Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT r s • ~~~~~~a 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 14 November 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 David Wiltsee Boise 343-1884 Western PCS I I Corp . SHOP: Nampa 466-0663 3184 Elder Street Bone 345-2431 Boise, ID 83705 RE: Land Use Change Application for Telecommunication Facilit Dear Mr. Wiltsee: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent City of Meridian enc. ~~~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~ ca n~o SHERRY R. HUBER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary December 11, 1996 DEC 1 9 1J9~ .s4~kr ~€~ ~~~s~~~~~~ ; City of Meridian 33 East Idaho Meridian, ID 83642 Re: MCU-28-96 508 Bower Street The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived in writing by the District. If you have any questions please feel free to call me at 345-7662. Sincerely, Steve Arnold Senior Development Analyst cc: Project file Chron file ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 • Meridian City Council December 17, 1996 Page 20 the things that we would like to see done if that is what the direction of the Council is can they be incorporated within these findings of fact (inaudible) Crookston: You could use what has been prepared for Planning and Zoning but I think you would have to interlineate quite a bit so I think that the City would be better off to have new findings of fact and conclusions of law prepared. Morrow: That being the case Mr. Mayor I would move that we instruct the City Attorney to prepare new findings of fact and conclusions of law for the conditional use permit for new and used RV sates and service facility by Zamzows. Bentley: Second Cowie: Motion made by Mr. Morrow, second by Mr. Bentley to request new conditions, new findings of fact and conclusions of law for the conditional use permit for the new and used RV sales and service facility by Mr. Zamzow, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP: Cowie: Please state your name? Wiltsee: My name is Dave Wiltsee, I am representing Western PCS, we are located at 3184 Elder in Boise. In the spirit of the season I am going to be merciful and stick to my three minutes. I represent Westem PCS a major wireless telecommunication firm with extensive licenses to serve most of the western United States at this point. The project that the particular site that we are going to discuss this evening is part of is a phase of this project that extends from Ontario Oregon east to Mountain Home approximately. The particular site that we are proposing and the nature of this business is to build and utilize telecommunication towers mounted with antemas to bounce signals bads and forth. That is pretty much the nature of the wireless industry today. The particular type of system we are building here is going to be a considerable advancement over the traditional analog cellular systems and that it is digital and has many attributes including being able to serve more different kinds of devices have a larger r,~acity and also be virtually foolproof as far as copy numbers and that kind of thing which is becoming increasingly common with analog cellular systems. The nature of the beast also is the antennas have to form a network and essentially be line of site that is each set of antennas has to be high enough to see some others not all. others in the entire network as I describe the network that we Meridian City Council December 17, 1996 Page 21 • are now planning and building stretches from Ontario to Mountain Home wilt probably have 35 to 40 sites somewhere in that vicinity. We are already underway with about seven under construction at this point. Originally about 3 months ago we had planned to put a tower of the type we are proposing now over on the other side of the freeway. In one of Mr. Van Auker's property, that is now being built into an office complex there. We subsequently pulled that application and decided not to utilize that site and came across the other side of the freeway at the present she that we are proposing here is at 508 Bower Street along the rail road track on the other side of the track from town here. The particular facility is going to be on 1.46 acre piece of property that is essentially owned and operated by the McCray's they own a plumbing supply place over there along the tracks on Bower Street. What we are proposing here is to lease a 40 foot by 40 foot area, fence it and install a 12 by 20 concrete pad on that pad would sit a so called BTS base transceiver station which is the brains and computer switching equipment of the station. And 120 foot monopole on top of that monopole would be antennas 4 foot by about 8 inches wide. We presented this proposal to the Planning and Zoning Commission and the Commission came up with facts and findings and certain conditions which we would be glad to comply with. We are more than happy to comply with any paving requirements which I understand are urged by the City. And also would be happy to design an appropriate landscaping plan. So that is about all I have to say and t would be more than happy to answer questions. Corrie: Council any questions? Morrow: My only question would be this is for cellular type phones, digital systems. Wiltsee: More than phones, both raw and increasing need of the future the capability of supporting modem communications, graphics and things of that sort (inaudible). Bentley: I have a question a requirement that I would request be attached to this. That if there is any interference with emergency systems that you be required to remedy the problem. Wiltsee: Absolutely, as a matter of fact, we couldn't operate if there were any interference. Because of the differences infrequencies it is almost assured that there would not be any. As a matter of fact we offer and make it available to emergency services to be able to use our tower at a lower elevation perhaps in the antennas so that there is no conflict. Bentley: Well we do have a conflict with one tower here in tower. Wiltsee: I see, well we will certainly check that out and make sure that doesn't occur. CJ Meridian City Council December 17, 1996 Page 22 ~~ ~J Bentley: Chief, do you have any problems or any comments you care to make on this application? Gordon: No sir (inaudible) you mentioned allowing public safety antennas to attach to yours, there could be a time in the future where I will probably be talking to you. Wiltsee: That would be fine, that would be great. We have done -that in Garden City in fact we built one it is already up now, it actually on the Garden City Hall property and they are using it. Their antennas are a lot higher than they used to be, much better coverage. Gordon: Other than that no problem. Corrie: Thank you Chief, any further questions? Tolsma: I have a question about the findings of fact, paragraph eight on the findings it says the property is owned by McCray, that south of the property is the rail road tracks and north is the plumbing supply business. If this is on Bower Street (inaudible) page three. Corrie: Should be south, north should say south and north should say south probably (inaudible). Crookston: I would just advise the Council that it is getting Gose to Christmas and it is hard for me to tell north between south pole. Come: We could make that correction I guess (inaudible). We have to get the north and south correct here. That would be, Mr. Tolsma I guess, north of the property is the rail road tracks is that correct? Tolsma: Yes Corrie: And to the, is it still north, is the plumbing supply business to the south, that would be south is the plumbing supply business. Okay that would take care of those and then the property, take one of the p's out of there. Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for Planning and Zoning as just corrected. Tolsma: Second Con'ie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact and conclusions of law as provided by the Planning and Zoning with the corrections as • Meridian City Council December 17, 1996 Page 23 made, any further discussion? Roll call vote. • ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: Alf Yea Corrie: I will entertain a motion for the decision? Morrow: Mr. Mayor, Meridian Planning and Zoning Commission hereby recommends approval of this conditional use permit requested by the applicant for the property described in the application and the conditions set forth in these findings of fact and conclusions of law. That the property and the applicant be required to meet the water and sewer requirements, the fire and life safety codes, the Uniform Building Code and any other ordinances of the City (inaudible) all parking areas shall be paved with the additional condition that there be no interference to any existing public or antenna systems or communication systems and that at some point in the future the City have the right to add public communication items to that antenna. Rountree: Second, with the substitution that is a motion of the Council not Planning and Zoning. Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #11: MARTY GOLDSMITH: DISCUSSION OF SALMON RAPIDS PHASE 3: Corrie: Mr. Attorney? McColl: Mr. Mayor and City Council, we have, Brian McColl I represent the developer Marty Goldsmith of Farwest Developers. It is not exactly pending, the developer has submitted an application for final plat approval of Salmon Rapids No. 3 and that application has not been accepted probably for good reason. So before proceeding with either me filing that application. There is a problem with this development and I don't know I think about a month or so ago I had written a letter to the City outlining in some detail that problem. Let me just briefly give a little background. Before proceeding with or refiling the application we wanted to set forth two possible directions that we think we can go in. This is Salmon Rapids No. 3, Salmon Rapids No. 1, call this Salmon Rapids No. 2 actually it COMMENTS MERIDIAN CITY COUNCIL MEETING: December 17.1996 APPLICANT: WESTERN PCS II CORP ITEM NUMBER; 10 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: • MINUTES OF 11-12-96 P ~ Z MEETING SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: "REVIEWED" SEE ATTACHED COMMENTS nn~~ L V i+ " ~ ~~ ~~J~ ~~ ~~ ~~~' ~~ pY SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • Meridian Planning & Zoning Commission November 12, 1996 Page 23 conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP: Johnson: I will now open this public hearing and invite the applicant or the applicant's representative to address the Commission. David Wiltsee, 3184 Elder Street, Boise, was sworn by the City Attorney. Wiltsee: Before I start I would like to say that. my seat back is in mint condition, I did not attempt to destroy or mutilate the arm in any manner, if that could be held to my credit I would be most appreciative. Good evening, I am very happy to be able to deliver this proposal for a conditional use permit to you tonight. I represent Western PCS which is a corporation based in the Seattle area, and holding quite a number of FCC licenses to serve large portions of the west and mid-west. Almost exclusively with wireless telecommunication services ranging from conventional cellular to the type of system we are building here in southern Idaho right naw which is a more advanced cellular type system called PCS. It is digital rather than analog in nature compared with the more conventional cellular. It has much more capability of supporting different kinds of devices and much more capacity. There was an interesting story on Channel 7 news tonight about a fellow who was setting up an independent web type site in Boise, he just aimed up to Table Rock mountain with a little antenna he has devised and he will then peddle his service to people so they can get on the intemet in a wireless way. Johnson: Cyber highway. Wiltsee: Yes, this kind of thing is coming very rapidly, we don't save us being in competition so much with the more conventional telephone companies and telecommunication companies as supplementing and providing a different kind of service than is available right now. In the area that we are dealing now,,essentially Ada County, Canyon County, and Payette and over into (inaudible) Oregon will be putting about 35 telecommunications antenna sites. We started in August and we are probably going to complete our work in February or March hopefully and be able to have the system up and running. There after we will move over and deal with the rest of Idaho and hook into our system that extends down and includes the entire State of Utah. The particular facility that we are requesting a conditional use permit for is a monopole and I am sure you are familiar with a monopole that is over in a storage facility over here near the interstate highway here in town. It would be similar, it is going to be located on Bower Street, it would be a little • Meridian Planning & Zoning Commission November 12, 1996 Page 24 more subliminated perhaps than perhaps the one there now. It would be a 120 foot monopole with 6 antennas mounted at the top. It would occupy a leased area on the ground of 40 by 40 feet, a fenced in area and include the monopole within in that fenced area and a concrete pad on which states a so called BTS, a base transceiver station that contains all of the guts of the system, switching, equipment and computers and radios are contained in a cabinet size fairly small metal container on the ground. The particular property that we are proposing to locate on is owned by the McCray's who own the plumbing supply shop which is on the same property. It is a 1.46 acre parcel. This parcel is immediately south of the rail road track and immediately north of Bower Street, it is wedged in between the rail road track and Bower Street near 5th. Our proposal is to occupy this very small piece of leased property on the McCray site. Maybe you would like me to stop now, we have submitted drawings and I hope you have copies of those drawings, it might be a little hard to read but I would be more than, happy to interpret them for you or describe any aspect of the project. Again the fenced area and the facility itself essentially backs right up to the rail road track there. Currently the property houses a plumbing supply place and the rest of it is pretty much a vacant not even gravel, just dirt and rock rubble parking area. There is an existing storage tank that is on the property and it is going to be removed. It used to be used for fertilizer. Johnson: Is that a surface tank? Wiltsee: Yes it is sir. I don't want to get prematurely into the suggested conditions by the staff but we would be we are more than happy to comply with paving and landscaping requirements. If I might if I have a chance I might describe a little more detail of what we have in mind along those lines. Johnson: I think we will probably have some questions that will lead into that. At this point are there questions from the Commissioners? Oslund: I just had one, how high is the one or do you know how high the one is over at the storage area off of Waltman? Wiltsee: I believe so, it is right in front of the storage place there. It is 110 feet. Oslund: So it is pretty close, thank you. Johnson:. Commissioner MacCoy? MacCoy: No Johnson: I have just one, there seemed to be concern both with staff and our Chief of • Meridian Planning & Zoning Commission November 12, 1996 Page 25 Police with regard to interference. Could you address that? Wiltsee: Certainly, the range on the radio spectrum that is currently occupied by police and emergency services is actually being assigned to this type of service. The police and emergency services are being reassigned to 900 megahertz what they used to occupy between 1850 and 1990. Don't ask me to many things about this because you get in real fast over my head. That 1850 to 1990 band of the spectrum which has previously been devoted to emergency services nationwide again is not being devoted to PCS and those emergency services are being relocated to 900. So as far as radio frequency concern there won't be a conflict. We have planned this particular facility as we do all others to be able to accommodate if possible police, emergency services and other public service communications on the pole itself presumably with whip antennas. In some cases the police and emergency services take us up on it, in other cases they have a pretty good set up already. I know in Garden City we are providing an opportunity for them to go to a higher elevation on a pole than what they presently have on their own tower, that is going to give them much better coverage in the City so they are going to take us up on it there. We would be more than happy to do the same thing here in Meridian. Johnson: I appreciate that thank you. Crookston: Mr. Chairman, 1 have a question, this is not a specific question about your application but what I am wondering is how many of these poles do you believe the City could eventually have? I will state my concem is, my concern is that we have one in this place now and one over here now and one over here now and then presumably we have 3 here and then we have 18 over here. Wiltsee: Well at this point I think you are about half way through. There are a number of additional license (inaudible) recently completed by the FCC. There will probably be another 5 or 6 different carriers coming in, not necessarily to Meridian per say or any part of Meridian but being required by virtue of their license to serve metropolitan areas and other areas. So I would say probably another 5 or 6. Some of them are devoted to mobile radio, devoted to paging systems. But still in all they are going to have some sort of antenna structure in their game plan. We try as best we can to collocate, so called collocate with other companies we try to make available if the structure permits try to make available space for collocation. Which is not always easy and vice versa we try to collocate on other peoples facilities when we go into a new area where they are established, but then it doesn't always work. There are structural reasons why it can't be done sometimes and there, it is just impossible sometimes to come to a deal and (inaudible). We tried, not to knock competition but we have tried a number of times with US West in this vicinity to collocate with them. Although we can see no structural reasons (inaudible). We do try to collocate. In this particular case because of the size and nature • • Meridian Planning & Zoning Commission November 12, 1996 Page 26 of the structure it is going to be a very thin monopole and it really will not be conducive to collocation by another company.. Both the nature of the monopole and height they have to locate probably wouldn't make it a very good location for them. But again it is fine for emergency services. Crookston: What my concern is that they try to my knowledge try to locate telephone lines, I can't think of the other lines but they try and put those underground as much as they can. These I assume are things that cannot operate underground. Wiltsee: It is not the nature of the beast. Crookston: But I also see them as, on the old telephone poles there were lines everywhere. And I foresee at some time the same thing happening to them a community saying we don't want that. Wiltsee: That is happening in some places, unfortunately because the infrastructure is going to go in. If it is a bad idea on its own merits that is one thing, but just a straight ban really doesn't make sense. There are other ways to approach the problem, I know my firm strongly advocates a planned approach in the part of local government. Not just to react but to have a plan even to the point of identifying public properties that might be available and then leasing those and knowing what the conditions might be in advance of leasing those to industry. It works real well and we even (inaudible) I didn't mean to sound alarmed when I said that there will be more (inaudible) such as telephone poles or power poles, nowhere near that kind of thing in number. There will be more companies coming in the northwest. It has been our experience as a company that public sites made available (inaudible) because they can go in and (inaudible) where they might locate and not have to shoot in the dark. Crookston: Are you aware of any governmental entity, a City or County that has an ordinance in effect that says, gives you some site selection requirements, let's say how far it has to be from pole tr pole or anything like that? Wiltsee: I am not, nor do I think that would be a particularly good idea to try and dictate that kind of rather technical consideration. We don't want to put up more than we have to. They are pretty expensive to put up and maintain. We want to get the biggest coverage possible from each one that is put up. The higher they are the better within reason. I do think that the idea of making public land available to have a strong policy that encourage collocation for possible and to expect a good faith effort on the part of the irtc~stry to try to collocate and maybe try to pony up some (inaudible) is quite logical. Huntsville, Alabama stands out in my mind as having an excellent program. We are, my fine is trying to set up, we are a subcontractor to Western PCS and we are working with a number of counties in Central California and the foot hills near Sacramento to both identify sites that Meridian Planning & Zoning Commission November 12, 1996 Page 27 are logical, to work with the local government, way before the firms come in to identify what the constraints of those site might be. If structures were to go there, what conditions would logically be placed to (inaudible) any problems on those sites. There are some fairly large counties geographically and we have identified in each in the range of 35 to 50 sites that look like they make sense. So I think that kind of program is probably the best, the best idea. You start dictating collocation or some things that would affect the technological or the spacing considerations it really sort of messes things up. Unless it is right on target for a particular firm. Crookston: I do know that there are people that do not desire them to be in residential areas. We have poles that are substantially higher than the one you are talking about. They have the flashing lights on them, the red lights and people don't want to see more of that. Wilstee: I don't blame them, we do our level best to try to locate in areas that are appropriately zoned and made it a practice never to go for a rezoning: for this purpose to stay out of residential areas wherever possible. It is not always possible but believe me we try. Oslund: I think looking at your application it looks like you have done a good job at finding a site. Judging by these photos it appears to be as good a site as you can get. It is pretty ugly every direction but that doesn't mean that the next one your corr~etitor comes in three months from now and wants to put in, I am sure that it is going to happen because everyone has gotten used to this cellular phone and portable communication devices. I am glad you brought up that idea about management, I think that the City needs to be thinking about this and planning for it because it is going to come. This is the second one that we have seen in the last 6 months, the other one withdrew the application. I think we are going to see more of it and I don't think we should dictate, but if we could somehow encourage that collocating of facilities I think that makes a lot of sense. Wiltsee: It does make sense and another aspect of it I think you might consider in a comprehensive program it have been my observation working in this industry with these kind of facilities that even though height makes people's hair stand on end at first and they start taking about the height of the thing. Height really doesn't make that much difference, it is all a matter of perspective. If you are driving down Overland near Albertson's in Boise you have those 55 foot great big steel power poles right next to you as you drive along and there is one every 150 or so feet. It is a much more compelling thing than having some thing like this 2 blocks away, it maybe a little bit taller but you don't even see it through roof tops and trees and so on because of the particular perspective you might have. Where I think the attention probably should be paid is to the ground level facilities and properly landscaping as you see fit or fencing or other kinds of treatment that (inaudible) at eye Meridian Planning & Zoning Commission November 12, 1996 Page 28 level on the ground where you can really see it. Johnson: Thank you for your philosophy (inaudible). Thank you very much this is a public hearing, is there anyone else that would like to come before the Commission on this application? Any other questions? Borup: Yes Mr. Chairman, were you the same applicant that was previously looking at the Overland site? Wiltsee: We did have a site on the other side of the freeway that we were contemplating and we pulled our application at that time. Borup: That was up on Overland on the other side of the freeway. Wiltsee: It was on the other side (inaudible) Borup: I thought it was the same name and I think this is a less intrusive site than that probably (inaudible) Is there a building planned at this point, that looks like that is something in the future. Wiltsee: There is a future shelter provided for in there. We don't put the shelter on there unless there is a heating problem, unless it gets overly heated (inaudible) put the shelter on specifically to air condition it. Cold air doesn't make any difference, rain doesn't make any difference. But if that site gets real hot we have to air condition and we have to (inaudible). I would expect at that time that we if it were your wish if you wanted to condition it and come back and submit any plans to you once again about the nature of that (End of Tape) Borup: (Inaudible) this is a pretty desolate place right now, it looks like whatever you do is going to be way back all by itself away from everything. That is all I had. Landscaping would be nice (inaudible) Johnson: I think we can handle the conditions here by just asking you if you have read those and you have any problems with any of those suggestions from staff? 1 am referring specifically to that November 8 letter. Wilstee: I. have one question and that is on number 3, I am not exactly sure what it means. It says dedication by property owner of any required right of way on Bower Street should take place prior to obtaining a building permit I don't know if that means, I don't know what the City wants there. Both the land owner and we would be more than happy to cooperate but we ware not exactly sure what it means. • Meridian Planning & Zoning Commission November 12, 1996 Page 29 Johnson: Well I think they are talking about access to it for maintenance and that sort of thing if a right of way is required. I think that is what they are referring to. Wiltsee: I see, I thought it was an encroachment permit. Johnson: Is that the way you read that Mr. Smith? Smith: Yes sir. Borup: Mr. Chairman, I did have another question, how often would people be at this site, is it a daily thing for maintenance? Wiltsee: once a month unless something goes badly wrong. A technician just goes and calibrates things. Borup: Mr. Chairman, then, I guess I am wondering why is paving necessary for something that is not going to have continual use? Johnson: I think the paving is a requirement of our ordinance as I understand it, is that right Mr. Crookston? Crookston: It is. Johnson: Because a building permit is required. Wiltsee: May I ask, is there a particular standard for the paving, it is not going to be a real street it would just be access from Bower back to the site which would be very infrequently visited. It would be our thinking to say if we could make it 8 feet or something like that, not a real first class 21 foot road going back there because that would be real unnecessary. Johnson: That makes sense. Crookston: I am not sure. Johnson: It makes sense and he is not sure so that probably means they have to make it a full street. (Inaudible) Johnson: Mr. Smith has a comment. • • Meridian Planning & Zoning Commission November 12, 1996 Page 30 Smith: Mr. Chairman, typically on a single lane access on like that 12 foot of pavement is adequate for it. Johnson: Is that what we use for our well sites and that sort of thing? Smith: Right, 11 to 12 foot is a typical traffic lane. Johnson: So four feet more, 50% increase. Mr. Oslund had a question that might lead into two more things. Oslund: I just was wondering, your service area is Ada County for instance, how many of these poles do you need to serve all of Ada County? Wiltsee: Ada County, including the cities? Oslund: I don't know what your service area is but I am assuming (inaudible). Wiltsee: The service area is vast and (inaudible) but in this portion in this area to serve Ada County and all of the cities in Ada County we are going to need about 25 maybe something like that. Oslund: That is a lot of poles. Johnson: It is also a lot of poles. Oslund: Yes but you take 25 poles and you have 5 competitors, you have (inaudible) Wiltsee: Well some are already built, AT&T, US West and Boise Telephone already built their systems pretty much. Sprint hasn't come in to exercise their license yet. Johnson: Besides you have the opportunity to tum those down. (Inaudible) Anything else? Wiltsee: The one last one the number 4 that has to do with underground sprinkling system and minimum of 1 three inch caliper tree per 1500 square foot asphalt. We are not at all adverse to landscaping, in fact we would be more than happy to do so. We think that one poor little tree sitting out there would look real strange and it might not be a happy tree. So if we could have the latitude perhaps to work on a landscape plan. We are working on one now in Eagle that involves pyracanthra, planted along the base of the fence, it is nice. Evergreen and red berries in the fall and it can be trained to climb the fence and kept trim. So we have arranged with a land owner that they would be happy to water it if we had to put in a sprinkler system we could tap into their. But if we made arrangements to water • Meridian Planning & Zoning Commission November 12, 1996 Page 31 some plants like that and space them at appropriate intervals I think it would grow real nicely. Johnson: That makes sense, and it is probably something that you can work out with staff. Anything else? That is it, I will close the public hearing. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law on this project. MacCoy: Second Johnson: Motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: I see Mr. Butterfield sitting there, did we act on number 8? We approved the findings of fact and it will go onto City Council for their next meeting. Do you have a copy of those, now that we have approved them you can have a copy if you don't already. You are welcome to mine, I could give you mine right now if you would like. ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT: Johnson: I will now open the public hearing and ask Steiner Development or their representative to address the Commission. Steve Bradbury, 300 N. 6th Street, Boise, was sworn by the City Attomey. Bradbury: Mr. Chairman, members of the Commission my name.: is Steve Bradbury and I have been asked to present the application that is before you on behalf of Steiner Development. This is a project that you folks have seen before, at least parts of it. It might help to go through a little bit of background to try to get you up to speed and help Mr. Borup who I don't think has seen the project before. What you have before you is an application for a preliminary plat and a conditional use permit for a planned development. This particular phase of the development is for a 60 unit senior living project. What I might suggest you do, you all have a booklet that looks something like this. I will be going through the booklet and will be referring to various tabs throughout the booklet. What you might do right now, you might want to get behind tap 3 and pull out one of these preliminary plats because it will help to show you what we have in mind. There are actually two of them behind tab three, the first one of these pull out maps just shows the lot lines OFFICIALS • HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS WILLIAM G. BF_RG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. GASS, City Treasurer RONALD R. TOLSMA GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN C GLENN R. BENTLEYEE BRUCE D. STUART, Water Works Supt. JOHN r sHAwcROFr, waste water supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 TIM HEPPER W.L. "BILL" GORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER WAYNE G. CROOKSTON, JR., Attorney GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY MEMORANDUM Mayor TO: Planning & Zoning Commission, Mayor and Council FROM: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrator DATE: November 8, 1996 SUBJECT: Request for a Conditional Use Permit fora 120-foot Antenna Support Structure at 508 Bower Street by Western Wireless We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process. Applicant proposes a 120-foot-high tower with a 40'x40' fenced-off location. 2. All driveway areas shall be paved, with any driveway access approved by the Ada County Highway District. Graveled driveways and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91). All site drainage shall be contained and disposed of on-site. 3. Dedication by property owner of any required right-of--way on Bower Street should take place prior to obtaining a building permit. Building permits are required for the antenna support structure and fencing. 4. Underground sprinkling and a minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt is required. Landscaping should be provided to help improve the aesthetics of this area and soften the impact of the fenced area. 5. Tower shall not cause interference with other existing signals. 6. No encroachment of the UPRR right-of--way shall be allowed. 7. Minimum setback from required ACHD right-of--way is 35 feet. Maximum fence height in the I-L zone is 8.0 feet. Applicant proposes an 8-foot-high cyclone fence with athree-strand barbed wire on top; this would require a variance application to be submitted and approved. 9. A detailed, scaled site plan showing landscaping, fencing, driveways, paving, lighting, etc., shall be provided with the building permit application. WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, OMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • F/~3C (208) 887-4813 Public WorksBuilding Departrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION Jqy! JOHNSON, Chairman TIM HEPPER JtM SHEARER GREG OSLUND IrfALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 5, 1996 TRANSMITTAL DATE: 10/16/96 HEARING DATE: 11/12/96 REQUEST: Conditional Use Permit for a telecommunication facility BY: Western PCS 11 Coru LOCATION OF PROPERTY OR PROJECT: 508 Bower Street JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P/Z KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PREL8IA $ FINAL PLAT) BUREAU OF RECLAMATION(PREI.'M & FINAL PLAT) CITY FILES CONCISE ED OCT1~1996 CITY OF ~[ERIDIAN WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATNA. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAJC (208) 88711813 Public Worl:sBuilding Depa~hneut (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor GOUNGIL ME6!BERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMIENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 5, 1996 TRANSMITTAL DATE: 10/16/96 HEARING DATE: 11/12/96 REQUEST: Conditional Use Permit for a telecommunication facility BY: Western PCS II Coro LOCATION OF PROPERTY OR PROJECT:-- 508 Bower Street JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P2 -GREG OSLUND, P/Z KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C -WALT MORROW, C/C GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM $ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FIN',L PLAT) CITY FILES ~ D ~ / ~ y ~ / _ OTHER: l0 YOUR CONCISE REMARKS: S i.o wu ~-s s~ ~. L c y ~ s ~ ,e ~ ~~ • i • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WESTERN Pcs rI coRP. CONDITIONAL USE PERMIT 508 BOWER sTREET MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on November 12, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Ha11, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through David Wiltsee, Applicant's reprsentative, and having- duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 12, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 12, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 1 WESTERN PCS II CORD -- CUP • • 2. That the property is located within the City of Meridian; that the general location of the property is 508 Bower Street and is described in the Application, which description is incorporated herein. 3. That the property is currently zoned I-L Light Industrial District and is defined in the Zoaing Ordinance at 11-2-408 B. as follows: (I-L) Light Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 4. Conditional Use Permit is defined in the Zoninq Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 5. That the Applicant is not the owner of record of the property; that the owner of record of the property is Darwin L. Buchanan, and the owner in equity is Denis and Mamie L. McRae, that David Wiltsee, representative for Western PCS II Corp., has requested this Conditional Use Permit be granted and the Application is not at the request of the City of Meridian. 6. That the proposed use by the Applicant is for a FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 2 WESTERN PCS II CORP -- CUP • • telecommunications receiving/transmitting facility. 7. That sewer and water are available to the property and the property will have to comply with the commercial sewer and water rates. 8. That David Wiltsee submitted testimony regarding the facility; that it would be digitel, have more capability, that there would be 35 antenna sites located in 4 to 5 counties, that the antenna support structure is to be a monopole, that at Bower Street a 120' antenna with six antennas at the top would be constructed, that the area would cover a 40' x 40' ground site, MoVt~ that the property is owned by McRae, that ~ of the property is Soctfh. the railroad tracks and to the -ae~lr is a plumbing supply business, that the storage tank that is on the site will be removed, and that the project would be paved and landscaping. 9. That Chairman Johnson had questions regarding interference and whether this will have different megaherz; that there should be no conflict. 10. That Mr. Wiltsee stated that heat could be a problem, that he questioned if they would have plans about landscaping and he would present plans about the landascaping, aad the he had questions as to any right-of-way requirement on Bower Street. 11. That the City Engineer, Gary Smith, stated that 12 feet of pavement was required. 12. That David Wiltsee had additional comments regarding the need for 25 poles to serve Ada County; and testified that they FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 3 WESTERN PCS II CORD -- CUP • would do the landscaping. 13. There was no other public testimony given. 14. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, daho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 4. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission FINDINGS OF FACT AND CONCLUSIONS OF LAW/ page 4 WESTERN PCS II CORD -- CUP • concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by Ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan and Zoning Ordinance. c. The use apparently .would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, p=operty or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That as a condition of granting this conditional use permit rezone, the Applicant shall asst, perform, and comply with all of the representations made in the Application and at the public hearing, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents; that if the representations are not met, performed, and complied with the conditional use permit should be revoked; that as set forth in 11-2-416 J., violations of the FINDINGS OF FACT AND CONCLUSIONS OF I.AW/ Page 5 WESTERN PCS II CORD -- CUP . • conditions of this conditional use permit would be, and are, violations of the Zoning Ordinance, and may be violations of other ordinances of the City of Meridian. 6. That as a condition of granting this conditional use permit, the Applicant shall meet, perform, and comply with all of the representations made in the Application and at the public hearing, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents; that if the representations are not met, performed, and complied with, the conditional use should be revoked; that as set forth in 11-2- 416 J., violations of the conditions of this conditional use permit shall be, and are, violations of the Zoning Ordinance, and may be violations of other ordinances of the City of Meridian. 7. It is further concluded that the comments, recommendations and requirements of the Planning and Zoning Administrator and the City Engineering Department and all other governmental agencies shall have to be met and complied with. 8. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, iJniform Electrical Code, the Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements, and the lighting shall be done so that the adjacent residential structures are not effected. 9. That all requirements of-these Findings of Fact and Conclusions of Law shall be met, the Applicant shall meet and FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Paqe 6 WESTERN PCS II CORD -- CUP • comply with the comments and concerns of City Staff, the representations of the Applicant and its agents, and the Ordinances of the City of Meridian. 10. It is further concluded that the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with. 11. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, uniform Electrical Code, the Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements, and the lighting shall be done so any adjacent residential structures are not effected. 12. That all requirements of these Findings of Fact and Conclusions of Law shall be met, including the representations of the Applicant and its agents, and the Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ page 7 WESTERN PCS II CORP -- CUP • APPROVAL OF FINDINGS OF FACT AND COI~CIASIONB The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) DECISION VOTED VOTED VOTED /~ '..~ VOTED I~1'ly~ The Meridian Planning and Zoning Commission hereby recommends approval of this Conditional Use Request by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property and the Applicant be required to meet the water and sewer requirements, the fire and Life safety codes, the IIniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved. MOTION: APPROVED: tti ~~ DISAPPROVBD: FINDINGS OF FACT AND CONCLUSIONS OF LAW/ WESTERN PCS II CORP -- CUP Page 8 CENTRAL C •• DISTRICT HEALTH DEPARTMENT Rezone # L DISTRICT HEALTH DE Environmental Health Division Conditional Use # G~7/7/" ~j~/G!T Preliminary /Final /Short Plat G/E3~~iJ j~cs // Gore I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store l6 rJ 9~ ^ 15. Date: / I Reviewed By: fDHD ID191 ~~, rcr. I/9S Review Sheet Ep o C T 2 8 1996 return to: ^ Boise '~ITld ~Dl :MERIDIAN ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz MERIDIAN PLANNING & ZONING COMMISSION MEETING: December 10,1996 APPLICANT: WESTERN PCS II CORP AGENDA ITEM NUMBER: 9 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: .~y'~ Y CITY FIRE DEPT: J CITY BUILDING DEPT: ~ n MERIDIAN SCHOOL DISTRICT: ~ ~(, MERIDIAN POST OFFICE: r~ V ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~ ~~~ ~,"s ~ ~~ ~ a Q ~~~` BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and appr ves these Findings of Fact and Conclusions of Law on this ~ day of ~~/tJ 1996. COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED_ FINDINGS OF FAT AND ~~~f~~w /~~S l/ VOTED VOTED_~ VOTED VOTED VOTED DISAPPROVED LUSIONS OF LAW - V ~/// Y • • Meridian City Council December 17, 1996 Page 20 the things that we would like to see done if that is what the direction of the Council is can they be incorporated within these findings of fact (inaudible) Crookston: You could use what has been prepared for Planning and Zoning but I think you would have to interiineate quite a bit so I think that the City would be better off to have new findings of fact and conclusions of law prepared. Morrow: That being the case Mr. Mayor I would move that we instruct the City Attorney to prepare new findings of fad and conclusions of law for the conditional use permit for new and used RV sales and service facility by Zamzows. Bentley: Second Cowie: Motion made by Mr. Morrow, second by Mr. Bentley to request new conditions, new findings of fad and conclusions of law for the conditional use permit for the new and used RV sales and service facility by Mr. Zamzow, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP: Cowie: Please state your name? Wiltsee: My name is Dave Wiltsee, I am representing Westem PCS, we are located at 3184 Elder in Boise. In the spirit of the season 1 am going to be merciful and stick to my three minutes. I represent Westem PCS a major wireless telecommunication firm with extensive licenses to serve most of the western United States at this point. The project that the particular site that we are going to discus this evening is part of is a phase of this project that extends from Ontario Oregon east to Mountain Home ap~uoximately. The particular site that we are proposing and the nature of .this business is to build and utilize telecommunication towers mounted with antennas to bounce signals back and forth. That is pretty much the nature of the wireless industry today. The particular type of system we are building here is going to be a considerable advancement over the traditional analog cellular systems and that it is digital and has many attributes including being able to serve more different kinds of devices have a larger c~acity and also be virtually foolproof as far as copy numbers and that kind of thing which is becoming increasingly common with analog cellular systems. The nature of the beast also is the antennas have to form a network and essentially be line of site that is each set of antennas has to be high enough to see some others not all others. in the entire network as 1 describe the network that we • Meridian City Council December 17, 1996 Page 21 are now planning and building stretches from Ontario to Mo~rta~ Home will probably have 35 to 40 sites somewhere in that vicinity. We are already underway with about seven under construction at this point. Originally about 3 months ago we had panned to put a tower of the type we are proposing now over on the other side of the freeway. In one of Mr. Van Auker's property, that is now being built into an office complex there. We subsequently pulled that application and Beaded not to utilize that site and came across the other side of the freeway at the present site that we are proposing here is at 508 Bower Street along the rail road track on the other side of the track from town here. The particular facility is going to be on 1.46 acre piece of property that is essentially owned.and operated by the McCray's they own a plumbing supply place over there along the tracks on Bower Street. What we are proposing here is to lease a 40 foot by 40 foot area, fence it and install a 12 by 20 concrete pad on that pad would sit a so called BTS base transceiver station which is the brains and computer switching equipment of the station. And 120 foot monopole on top of that monopole would be antennas 4 foot by about 8 ind~es wide. We presented this proposal to the Planning and Zoning Commission and the Commission came up with facts and findings and certain conditions which we would be glad to comply with. We are more than happy to comply with any paving requirements which I understand are urged by the City. And also would be happy to design an appropriate landscaping plan. So that is about all I have to say and I would be more than happy to answer questions. Corrie: Council any questions? Morrow: My only question would be this is for cellular type phones, digital systems. Wiltsee: More than phones, both now and increasing need of the future the capability of supporting modem communications, graphics and things of that sort (inaudible). Bentley: I have a question a requirement that I would request be attached to this. That if there is any interference with emergency systems that you be required to remedy the problem. Wiltsee: Absolutely, as a matter of fact„ we couldn't operate if there were any inrterference. Because of the differences infrequencies it is a~nost assured that there would not be any. As a matter of fact we offer and make it available to emergency services to be able to use our tower at a lower elevation perhaps in the antennas so that there is no conflict. Bentley: Well we do have a conflict with one tower here in tower: Wiltsee: I see, well we will certainly check that out and make sure that doesn't occur. • • Meridian City Council December 17, 1996 Page 22 Bentley: Chief, do you have any problems or any comments you care to make on this application? Gordon: No sir (inaudible) you mentioned allowing public safety antennas to attach to yours, there could be a time in the future where I will probably be talking to you. Wiltsee: That would be fine, that would be great. We have done that in Garden City in fact we built one it is already up now, it actually on the Garden City Hall property and they are using it. Their antennas are a lot higher than they used to be, much better coverage. Gordon: Other than that no problem. Cowie: Thank you Chief, any further questions? Tolsma: I have a question about the findings of fact, paragraph eight on the findings it says the property is owned by McCray, that south of the property is the rail road tracks and north is the plumbing supply business. If this is on Bower Street (inaudible) page three. Cowie: Should be south, north should say south and north should say south probably (inaudible). Crookston: I would just advise the Council that it is getting close to Christmas and it is hard for me to tell north between south pole. Come: We could make that correction I guess (inaudible). We have to get the north and south con"ec~ here. That would be, Mr. Tolsma I guess, north of the property is the rail road tracks is that correct? Tolsma: Yes Cowie: And to the, is it still north, is the plumbing supply business to the south, that would be south is the plumbing supply business. Okay that would take care of those and then the property, take one of the p's out of there. Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for Planning and Zoning as just corrected. Tolsma: Second Cowie: Motion made by Mr. Morrow. second by Mr. Tolsma to approve the findings of fact and conclusions of law as provided by the Planning and Zoning with the corrections as • Meridian City Council December 17, 1996 Page 23 made, any further discussion? Roll call vote. • ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: f will entertain a motion for the decision? Morrow: Mr. Mayor, Meridian Planning and Zoning Commission hereby recommends approval of this conditional use permit requested by the applicant for the property described in the application and the conditions set forth in these findings of fact and conclusions of law. That the property and the applicant be required to meet the water and sewer requirements, the fire and life safety codes, the Uniform Building Code and any other ordinances of the City (inaudible) all parking areas shall be paved with the additional condition that there be no interference to any existing public or antenna systems or communication systems and that at some point in the future the City have the right to add public communication items to that antenna. Rountree: Second, with the substitution that is a motion of the Council not Planning and Zoning. Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #11: MARTY GOLDSMITH: DISCUSSION OF SALMON RAPIDS PHASE 3: Corrie: Mr. Attorney? McColl: Mr. Mayor and City Council, we have, Brian McColl I represent the developer Marty Goldsmith of Farwest Developers. It is not exactly pending, the developer has submitted an application for final plat approval of Salmon Rapids No. 3 and that application has not been accepted probably for good reason. So before proceeding with either me filing that application. There is a problem with this development and I don't know I think about a month or so ago I had written a letter to the City outlining in some detail that problem. Let me just briet~y give a little background. Before proceeding with or refiling the application we wanted to ~~t north two possible directions that we think we can go in. This is Salmon Rapids No. 3, Salmon Rapids No. 1, call this Salmon Rapids No. 2 actually it WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Patks Supt. SHARI L. STILES, P & Z Administretor PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor VehiclelDrivers License (208) 888-4443 ROBERT D. CORRIE Mayor FACSIMILE COVER SHEET TO: FAX NUMBER: ¢2 2 - a2 7~ GOL-NGIL MEMBER WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY DATE: f/- ~~-" ~'T DELIVER TO: ~Gf ~//G~ ~„ /~ct`r•.~ TITLE/DEPARTMENT: -3~J~ - 77Z ~ ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):. f FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME: TITLE/DEPARTMENT: (~/7~7,/ ~~~~~ COMMENTS: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 ** TX CONFIRMAT~REPORT ** AS OF JAN 10 '9~~45 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 16 01/10 15 41 206 422 0270 QEE141ALS WILLIAM G. BERG, JR., Chy Clerk JANtCE L. GASS, City Treasurer GARY D. SMITH. P.E.. Ciy Engineer BRUCE D. STUART. Water Works Supl JOHN T. SHAWCROFT• Weate Water Supt DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES,' P & 2 AobllnlstrdWr PAMA. WOLFKIEL. DI+IV Supen4eor KENNETH W. BOWERS, Fke CMef W.L'BIU' GOROON, Pollee CfUel WAYNE G. CROOI(STON, JR.. Altomey ROBERT D. CORRIE Mayor FACSIMILE COVER SHEET COLedGa MEMBERS WALT W. MORROW, Pn)Sklent RONALD R. TOLSMA CHARLES M.ROVNTREE GLENN R.BENTLEV' P 8 2 COMMISCION JIM JOHNSON. Chakmen KEITH BORUP JIM SHEARER DREG OSLUND MALCOLM MACCOY TO: FAX NUMBER: ¢ZZ '~ D2 ~~ DATE: l `~-~7 DELIVER TO: Gt y~~ 42 Pah... TITLE/DEPARTMENT: ,3,f~ ,3 - ~~Z ~i ADDRESS: CONFIDENTIAL: YES NO~ TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):~~,~ FROM: CITY OF MERIDIAQN - FAX NUMBER (208) 887-4813 NAME: ~/ ,E32~g TITLE/DEPARTMENT: ~/ t~~~Qf"~. COMMENTS: MODE MIN/SEC PGS CMDq STATUS EC--S 04'07" 014 049 OK XUB OF TREASURE VALLEY A Good Plxe to Live CITY OF MERIDIAN 33 EAST IDAHO MEItID]fAN, IDAHO 83x42 (208) BB8•K33 • FAZ (~ 817.4813 Public WorksBuilclieg Depertaoagt (208) 887.2211 ' Motor VebieWDriven License (208) 888-x443 PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 LJ ... V ~ V ~ ~J ~3~ i 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 23 December 1996 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Mr. David H. Wi/tsee, P/anning and Zoning Coordinator Boise 345-2431 Western PCS Corporation 3184 E/der Street Boise, lD 83705 RE: Western PCS's Proposed Te/ecommunication Antenna in the City of Meridian Dear Mr. Wiltsee: / have reviewed the proposed project and /don't fee/ this wil/ have any significant impact on the Nampa & Meridian Irrigation District's faci/ities. However, as with any faci/ity being insta//ed, a// municipal surface drainage must be retained on site and al/ latera/s and wasteways must be protected. /f you fee/ further discussion is required, p/ease feel free to contact me. Sincere/y, John P. Anderson, Water Superintendent NAMPA & MER/D/AN IRRIGAT/ON DISTRICT JPA: dln pc: File Each Director Secretary-Treasurer Asst. Secretary-Treasurer Asst. Water Superintendent Ride 4 -Larry Gil/more ~y of Meridian Ada County P & Z APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • • Meridian Planning & Zoning Commission December 10, 1996 Page 15 Johnson: I have a question, it may have got lost here in the shuffle but Shari made reference to ACHD requirement that the entrances would have to be paved, were you referring to this western portion of the property? Stiles: Yes, the accesses they are proposing off of Meridian Road they will have to have those paved, I think it is a distance of 30 feet from the road right of way. Shearer: Is that in ACHD's stuff that they sent to us? Stiles: That is in their policy manual. Shearer: It is not in their stuff that they sent to us. Stiles: I would assume that it is a comment in there. Shearer: Well if it is we do it if it is not well then (inaudible) Stiles: Well it needs to be done anyway because of the problems it creates by dragging gravel back out onto the street. Shearer: Well I would assume that they would take that into account (inaudible) Johnson: Any further discussion, we have a motion and a second. All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP.: Johnson: Any discussion regarding the findings of fact as prepared by our City Attorney for this applicant? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions. Borup: Second Johnson: Moved and seconded we approve the findings of fact and conclusions as prepared, roll call vote. • • Meridian Planning & Zoning Commission December 10, 1996 Page 16 ROLL CALL VOTE: Borup -Yea, Oslund -Yea, Shearer -Yea, MacCoy -Absent MOTION CARRIED: All Yea Johnson: Recommendation to the City? Oslund: Mr. Chairman, I move we recommend or the Meridian Planning and Zoning Commission hereby recommends approval of this conditional use permit request by the applicant for the property described in the application with the conditions set forth in these findings of fact and that the property and applicant be required to meet the water and sewer requirements, fire and life safety codes, UBC and other ordinances of the City of Meridian including that all parking areas shall be paved. Borup: Second Johnson: Moved and seconded that we send onto the City the comments as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT: Johnson: There is a blank in the findings that needs to be completed with respect to square footage on page 8. Is there any other discussion of any other items? Would the commissioners like to address item 5 on page 8? Bonap: Mr. Chairman, I think it has been determined that the ordinance does read 800 feet on a duplex, 1 know there is some confusion on that. I am a little confused on what the applicant is proposing though. They have mentioned the figure 1160 feet that is their goal. I would be curious to know if they have firmed that up any more or not. I don't know how we find that out at this point. (End of Tape) Bradbury: (Inaudible) minimum square footage of each of the dwelling units, individual units of 1160 that is what the applscant proposes and is certainly willing to live with a minimum requirement of 1160 per unit. Johnson: Thank you, Counsel, your statement in here has to do with whether or not 1160 would satisfy the statement of it being harmonious with (Inaudible) is that what you are saying there? • Meridian Planning & Zoning Commission November 12, 1996 Page 23 conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP: Johnson: I will now open this public hearing and invite the applicant or the applicant's representative to address the Commission. David Wiltsee, 3184 Elder Street, Boise, was sworn by the City Attorney. Wiltsee: Before I start I would like to say that my seat back is in mint condition, I did not attempt to destroy or mutilate the arm in any manner, if that could be held to my credit I would be most appreciative. Good evening, I am very happy to be able to deliver this proposal for a conditional use permit to you tonight. I represent Western PCS which is a corporation based in the Seattle area, and holding quite a number of FCC licenses to serve large portions of the west and mid-west. Almost exclusively with wireless telecommunication services ranging from conventional cellular to the type of system we are building here in southern Idaho right now which is a more advanced cellular type system called PCS. It is digital rather than analog in nature compared with the more conventional cellular. It has much more capability of supporting different kinds of devices and much more capacity. There was an interesting story on Channel 7 news tonight about a fellow who was setting up an independent web type site in Boise, he just aimed up to Table Rock mountain with a little antenna he has devised and he will then peddle his service to people so they can get on the intemet in a wireless way. Johnson: Cyber highway. Wiltsee: Yes, this kind of thing is coming very rapidly, we don't see us being in competition so much with the more conventional telephone companies and telecommunication companies as supplementing and providing a different kind of service than is available right now. In the area that we are dealing now, essentially Ada County, Canyon County, and Payette and over into (inaudible) Oregon will be putting abaft 35 telecommunications antenna sites. We started in August and we are probably going to complete our work in February or March hopefully and be able to have the system ~ and running. There after we will move over and deal with the rest of Idaho and hook into our system that extends down and includes the entire State of Utah. The particular facility that we are requesting a conditional use pem~it for is a monopole and I am sure you are familiar with a monopole that is over in a storm facility over here near the interstate highway here in town. It would be similar, it is going to be located on Bower Street, it would be a little • • Meridian Planning & Zoning Commission November 12, 1996 Page 24 more subliminated perhaps than perhaps the one there now. It would be a 120 foot monopole with 6 antennas mounted at the top. It would occupy a leased area on the ground of 40 by 40 feet, a fenced in area and include the monopole within in that fenced area and a concrete pad on which states a so called BTS, a base transceiver station that contains all of the guts of the system, switching, equipment and computers and radios are contained in a cabinet size fairly small metal container on the ground. The particular property that we are proposing to locate on is owned by the McCray's who own the plumbing supply shop which is on the same property. It is a 1.46 acre paroei. This parcel is immediately south of the rail road track and immediately north of Bower Street, it is wedged in between the rail road track and Bower Street near 5th. Our proposal is to occupy this very small piece of leased property on the McCray site. Maybe you would like me to stop now, we have submitted drawings and I hope you have copies of those drawings, it might be a little hard to read but I would be more than happy to interpret them for you or describe any aspect of the project. Again the fenced area and the facility itself essentially backs right up to the rail road track. there. Currently the property houses a plumbing supply place and the rest of it is pretty much a vacant not even gavel, just dirt and rock rubble parking area. There is an existing storage tank that is on the property and it is going to be removed. It used to be used for fertilizer. Johnson: Is that a surface tank? Wiltsee: Yes it is sir. I don't want to get prematurely into the suggested conditions by the staff but we would be we are more than happy to comply with paving and landscaping requirements. If I might if I have a chance I might describe a little more detail of what we have in mind along those lines. Johnson: I think we will probably have some questions that will lead into that At this point are there questions from the Commissioners? Oslund: I just had one, how high is the one or do you know how high the one is over at the storage area off of Waltman? Wiltsee: I believe so, it is right in front of the storage place there. It is 110 feet. Oslund: So it is pretty close, thank you. Johnson: Commissioner MacCoy? MacCoy: No Johnson: I have just one, there seemed to be concern both with staff and our Chief of • Meridian Planning & Zoning Commission November 12, 1996 Page 25 Police with regard to interference. Could you address that? Wiltsee: Certainly, the range on the radio spectrum that is currently oa~pied by police and emergency services is actually being assigned to this type of service. The police and emergency services are being reassigned to 900 megahertz what they used to occupy between 1850 and 1990. Don't ask me to many things about this because you get in real fast over my head. That 1850 to 1990 band of the spectrum which has previously been devoted to emergency services nationwide again is not being devoted to PCS and those emergency services are being relocated to 900. So as far as racfo frequency concern there won't be a conflict. We have phanned this particular facility as we do all others to be able to accommodate if possible police, emergency services and other public service communications on the pole itself presumably with whip antennas. In some cases the police and emergency services take us up on it, in other cases they have a pretty good set up already. I know in Garden City we are providing an opportunity for them to go to a higher elevation on a pole than what they presently have on their own tower, that is going to give them much better coverage ~ the City so they are going to take us up on it there. We would be more than happy to do the same thing here in Meridian. Johnson: I appreciate that thank you. Crookston: Mr. Chairman, I have a question, this is not a specific question about your application but what I am wondering is how many of these poles do you believe the City could eventually have? I will state my concern is, my concern is that we have one in this place now and one over here now and one over here now and then presumably we have 3 here and then we have 18 over here. Wiltsee: Well at this point I think you are about half way through. There are a number of additional license (inaudible) recently completed by the FCC. There will probably be another 5 or 6 different carriers coming in, not necessarily to Meridian per say or any part of Meridian but being required by virtue of their license to serve metropolitan areas and other areas. So I would say probably another 5 or 6. Some of them are devoted to mobile radio, devoted to paging systems. But still in all they are going ~ have some sort of antenna structure in their game plan. We try as best we can to collocate, so called collocate with other companies we tryto make available if the structure permits try to make available space for collocation. Which is not always easy and vice versa we try to collocate on other peoples facilities when we go into a new area where they are established, but then it doesn't always work. There are structural reasons why it can't be done sometimes and there, it is just impossible sometimes to Dome to a deal and (inaudible). We tried, not to knock competition but we have tried a number of times with US West in this vicinity to cof locate w~h them. Although we can see ra structural reasons (inaudible). We do try to collocate. ~ this particular case because of the size and nature • • Meridian Planning & Zoning Commission November 12, 1996 Page 26 of the structure it is going to be a very thin monopole and it really will not be conducive to collocation by another company. Both the nature of the monopole and height they have to locate probably wouldn't make it a very good location for them. But again it is fine for emergency services. Crookston: What my concern is that they try to my knowledge try to locate telephone lines, I can't think of the other lines but they try and put those underground as much as they can. These I assume are things that cannot operate underground. Wiltsee: It is not the nature of the beast. Crookston: But I also see them as, on the old telephone poles there were lines everywhere. And I foresee at some time the same thing happening to them a community saying we don't want that. Wiltsee: That is happening in some places, unfortunately because the infrastructure is going to go in. If it is a bad idea on its own merits that is one thing, but just a straight ban really doesn't make sense. There are other ways to approach the problem, I know my firm strongly advocates a planned approach in the part of local government. Not just to react but to have a plan even to the point of identifying public properties that might be available and then leasing those and knowing what the conditions might be in advance of leasing those to industry. It works real well and we even (inaudible) I didn't mean to sound alarmed when. I said that there will be more (inaudible) such as telephone poles or power poles, nowhere near that kind of thing in number. There will be more companies coming in the northwest. It has been our experience as a company that public sites made available (inaudible) because they can go in and (inaudible) where they might locate and not have to shoot in the dark. Crookston: Are you aware of any governmental entity, a City or County that has an ordinance in effect that says, gives you some site selection n3quirements, let's say how far it has to be from pole to pole or anything like that? Wiltsee: I am not, nor do I think that would be a particularly good idea to try and dictate that kind of rather technical consideration. We don't want to put up more than we have to. They are pretty expensive to put up and maintain. We want to get the biggest coverage possible from each one that is put up. The higher they are the better within reason. I do think that the idea of making public land available to have a strong policy that encourage collocation for possible and to expect a good faith effort on the part of the industry to try to collocate and maybe try to pony up some (inaudible) is quite logical. Huntsville, Alabama stands out in my mind as having an excellent program. We are, my firm is trying to set up, we are a subcontractor to Western PCS and we are working with a number of counties in Central California and the foot hills near Sacramento to both identify sites that • • Meridian Planning & Zoning Commission November 12, 1996 Page 27 are logical, to work with the local government, way before the firms come in to identify what the constraints of those site might be. If structures were to go there, what conditions would logically be placed to (inaudible) any problems on those sites. There are some fairly large counties geographically and we have identified in each in the range of 35 to 50 sites that look like they make sense. So I think that kind of program is probably the best, the best idea. You start dictating collocation or some things that would affect the technological or the spacing considerations it really sort of messes things~up. Unless it is right on target for a particular firm. Crookston: I do know that there are people that do not desire them to be in residential areas. We have poles that are substantially higher than the one you are talking about. They have the flashing lights on them, the red lights and people -don't want to see more of that. Wilstee: I don't blame them, we do our level. best to try to locate in areas that are appropriately zoned and made it a practice never to go for a rezoning for this purpose to stay out of residential areas wherever possible. It is not always possible but believe me we try. Oslund: I think looking at your application it looks like you have done a good job at finding a site. Judging by these photos it appears to be as good a site as you can get. It is pretty ugly every direction but that doesn't mean that the next one your competitor comes in three months from now and wants to put in, I am sure that it is going to happen because everyone has gotten used to this cellular phone and portable communication devices. I am glad you brought up that idea about management, I think that the City needs to be thinking about this and planning for it because it is going to come. This is the second one that we have seen in the last 6 months, the other one withdrew the application. I think we are going to see more of it and I don't think we should dictate, but if we could somehow encourage that collocating of facilities I think that makes a lot of sense. Wiltsee: It does make sense and another aspect of it I think you might consider in a comprehensive program it have been my observation working in this industry with these kind of facilities that even though height makes people's hair stand on end at first and they start taking about the height of the thing. Height really doesn't make that much difference, it is all a matter of perspective. ff you are driving down Overland near Albertson's in Boise you have those 55 foot great big steel power poles right next to you as you drive along and there is one every 150 or so feet. It is a much more compelling thing than having some thing like this 2 blocks away, it maybe a little bit tal~r but you don't even see it through roof tops and trees and so on because of the particular perspective you might have. Where I think the attention probably should be paid is to the ground level facilities and properly landscaping as you see fit or fencing or other kinds of treatment that (inaudible) ~ eye • • Meridian Planning & Zoning Commission November 12, 1996 Page 28 level on the ground where you can really see it. Johnson: Thank you for your philosophy (inaudible). Thank you very much this is a public hearing, is there anyone else that would like to come before the Commission on this application? Any other questions? Borup: Yes Mr. Chairman, were you the same applicant that was previously looking at the Overland site? Wiltsee: We did have a site on the other side of the freeway that we were contemplating and we pulled our application at that time. Borup: That was up on Overland on the other side of the freeway. Wiltsee: It was on the other side (inaudible) Borup: I thought it was the same name and 1 think this is a less intrusive site than that probably (inaudible) Is there a building planned at this point, that looks like that is something in the future. Wiltsee: There is a future shelter provided for in there. We don't put the shelter on there unless there is a heating problem, unless it gets overly heated (inaudible) put the shelter on spec~cally to air condition it. Cold air doesn't make any difference, rain doesn't make any difference. But if that site gets real hot we have to air condition and we have to (inaudible). I would expect at that time that we if it were your wish if you wanted to condition it and come back and submit any plans to you once again about the nature of that (End of Tape) Borup: (Inaudible) this is a pretty desolate place right now, it looks like whatever you do is going to be way back all by itself away from everything. That is all I had. Landscaping would be nice (inaudible) Johnson: I think we can handle the conditions here by just asking you if you have read those and you have any problems with any of those suggestions from staff? I am referring specifically to that November 8 letter. Wilstee: I have one question and that is on rummer 3, I am not exactly sure what it means. It says dedication by property owner of any required right of way on Bower Street should take place prior to obtaining a building permit. I don't know if that means, i don't know what the City wants there. Bath the land owner and we would be more than happy to cooperate but we ware riot exactly sure what it means. • Meridian Planning & Zoning Commission November 12, 1996 Page 29 Johnson: Well I think they are talking about access to it for maintenance and that sort of thing if a right of way is required. I think that is what they are referring to. Wiltsee: I see, I thought it was an encroachment permit. Johnson: Is that the way you read that Mr. Smith? Smith: Yes sir. Borup: Mr. Chairman, I did have another question, how often would people be at this site, is it a daily thing for maintenance? Wiltsee: once a month unless something goes badly wrong. A technician just goes and calibrates things. Bonap: Mr. Chairman, then, I guess I am wondering why is paving necessary for something that is not going to have continual use? Johnson: I think the paving is a requirement of our ordinance as I understand it, is that right Mr. ,Crookston? Crookston: It is. Johnson: Because a building permit is required. Wiltsee: May I ask, is there a particular standard for the paving, it is not going to be a real street it would just be acxess from Bower bads to the site which would be very infrequently visited. It would be our thinking to say if we could make it 8 feet or something like that, not a real first class 21 foot road going bads there because that would be real unnecessary. Johnson: That makes sense. Crookston: I am not sure. Johnson: It makes sense and he is not sure so that probably means they have to make it a full street. (Inaudible) Johnson: Mr. Smith has a comment. • Meridian Planning & Zoning Commission November 12, 1996 Page 30 Smith: Mr. Chairman, typically on a single lane access on like that 12 foot of pavement is adequate for it. Johnson: Is that what we use for our well sites and that sort of thing? Smith: Right, 11 to 12 foot is a typical traffic lane. Johnson: So four feet more, 50% increase. Nlr. Oslund had a question that might lead into two more things. Oslund: I just was wondering, your service area is Ada County for instance, how many of these poles do you need to serve all of Ada County? Wiltsee: Ada County, including the cities? Oslund: I don't know what your service area is but I am assuming (inaudible). Wiltsee: The service area is vast and (inaudible) but in this portion in this area to serve Ada County and all of the cities in Ada County we are going to need about 25 maybe something like that. Oslund: That is a lot of poles. Johnson: It is also a lot of poles. Oslund: Yes but you take 25 poles and you have 5 competitors, you have (inaudible) Wiltsee: Well some are already built, AT&T, US West and Boise Telephone already built their systems pretty much. Sprint hasn't come in to exercise their license yet. Johnson: Besides you have the opportunity to tum those down. (Inaudible) Anything else? Wiltsee: The one last one the number 4 that has to do with underground sprinkling system and minimum of 1 three inch caliper tree per 1500 square foot asphalt. We are not at all adverse to landscaping, in fact we would be more than happy to do so. We think that one poor little tree sitting out there would look real strange and it might not be a happy tree. So if we could have the latitude perhaps to work on a landscape plan. We are working on one now in Eagle that involves pyracanthra, planted along the base of the fence, it is nice. Evergreen and red berries in the fall and it can be trained to limb the fence and kept trim. So we have arranged with a land owner that they would be happy to water it if we had to put in a sprinkler system we could tap into their. But if we made arrangements to water • Meridian Planning & Zoning Commission November 12, 1996 Page 31 some plants like that and space them at appropriate intervals I think it would grow real nicely. Johnson: That makes sense, and it is probably something that you can work out with staff. Anything else? That is it, I will close the public hearing. Shearer: Mr. Chairman; I move we have the attorney ~ prepare findings of fact and conclusions of law on this project. MacCoy: Second Johnson: Motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: I see Mr. Butterfield sitting there, did we act on number 8? We approved the findings of fact and it will go onto City Council for their next meeting. Do you have a copy of those, now that we have approved them you can have a copy if you don't already. You are welcome to mine, I could give you mine right now if you would like. ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO.7 BY STEINER DEVELOPMENT: Johnson: I will now open the public hearing and ask Steiner Development or their representative to address the Commission. Steve Bradbury, 300 N. 6th Street, Boise, was sworn by the City Attorney. Bradbury: Mr. Chairman, members of the Commission my name is Steve Bradbury and I have been asked to present the application that is before you on behalf of Steiner Development. This is a project that you folks have seen before, at least parts of it. tt might help to go through a little bit of background to try to get you up to speed and help Mr. Borup who I don't think has seen the project before. What you have before you is an application for a preliminary plat and a conditional use permit for a planned development. This particular phase of the development is for a 60 unit senior living project. What 1 might suggest you do, you all have a booklet that looks something like this. I will be going through the booklet and will be referring to various tabs throughout the booklet. What you might do right now, you might want to get behind tap 3 and pull out one of these preliminary plats because it will help to show you what we have in mind. There are actually two of them behind tab three, the first one of these pull out maps just shows the lot lines 1 R MERIDIAN PLANNING & ZONING COMMISSION MEETING: November 12.1996 APPLICANT: WESTERN PCS II CORP. AGENDA ITEM NUMBER: 12 REQUEST; PUBLIC HEARING• REQUEST FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS U "REVIEWED" ~~ SEE ATTACHED COMMENTS 1~' ,~ p o~"w~ ~C SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian.