Clearwire Meridian Charter HS CUP-10-003CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF E IDIAN~
LAW AND I D A H O
DECISION & ORDER
In the Matter of Conditional Use Permit for a New Wireless Communication Facility at
Meridian Charter High School in an L-O Zoning District, by Clearwire US, LLC.
Case No(s). CUP-10-003
For the Planning and Zoning Commission Hearing Date of: July 15, 2010 (Findings on
August 5, 2010)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of July 15, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 15, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 15,
2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 15, 2010, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-003
Page I
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Chairman of the Commission and City Clerk and then a copy
served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of July 15, 2010, incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Conditional Use Permit as evidenced by having submitted the site plan,
landscape plan, and elevations attached in Exhibit A of the staff report dated July 15,
2010, is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 15, 2010, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission maybe granted. With all extensions, the Director or Commission may
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-003
Page 2
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of July 15, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-003
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the ~ ~
day of AVAU~k , 2010.
COMMISSIONER MICHAEL ROHM VOTED ycs
(Chair)
COMMISSIONER SCOTT FREEMAN VOTED p~b5c.n-1-
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED_~~s
COMMISSIONER TOM O'BRIEN VOTED~G.S
COMMISSIONER JOE MARSHALL VOTED
• ~ ,~ ~ ~',, ICHAEL ROHM
t, ~G '9~,`t~? ~ ~
Attest:
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Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
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By: 1~~ '' V ~ Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-003
Page 4
STAFF REPORT Hearing Date: July 15, 2010
TO: Planning & Zoning Commission E IDIAN~--
FROM: Sonya Watters, Associate City Planner I D A H O
208-884-5533
SUBJECT: CUP-10-003 - Clearwire Meridian Charter High School
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Clearwire US, LLC, has applied for conditional use permit (CUP) approval of a new
wireless communication facility to be erected on the grounds of the Meridian Charter High School.
See Section IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning and Zoning Commission heard this item on July 15, 2010. At the public
hearing, they moved to approve CUP-10-003.
a. Summary of Commission Public Hearing:
i. In favor: Jason Evans
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Jason Evans
v. Staff presenting application: Anna Canning
vi. Other staff commenting on application: None
b. K_ _ey Issues of Discussion by Commission:
i. None
c. K_ e__y Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-10-
003 as presented in the staff report for the hearing date of July 15, 2010, with the following
modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
on August 5, 2010.
Denial
After considering all staff, applicant and public testimony, I move to deny CUP-10-003 as
presented during the hearing on July 15, 2010, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number CUP-10-003 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
PAGE 1
A. Site Address/Location:
1855 E. Leigh Field Drive; Parcel No. 82122110200
Located in the southwest % of Section 32, Township 4 North, Range 1 East
B. Owner(s):
Joint School District No. 2
2301 E. Lanark Street
Meridian, ID 83642
C. Applicant:
Clearwire US, LLC
104 N. Milwaukee Street
Boise, ID 83704
D. Representative:
Jason Evans, EICI
104 N. Milwaukee Street
Boise, ID 83704
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: June 28, 2010
C. Radius notices mailed to properties within 300 feet on: June 24, 2010
D. Applicant posted notice on site by: July 5, 2010
VI. LAND USE
A. Existing Land Use(s) and Zoning: The portion of the site proposed where the wireless
communication facility is proposed is currently zoned L-O and is developed with a charter high
school.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This is a school site that is
surrounded by residential properties and commercial properties across Locust Grove; adjacent
properties are zoned R-4, R1, C-N, and L-O.
PAGE 2
C. History of Previous Actions:
• In 2008, the subject property, consisting of 27.89 acres, was rezoned (RZ-07-021) to L-O and
C-N; a preliminary plat (PP-07-025) was approved for 7 commercial building lots; and a
development agreement modification was approved to remove the restriction for education
type only uses on the site.
• In 2009, a final plat (FP-08-021) was approved for 7 building lots. A private street (PS-08-
O10) application was also approved at that time.
On 4/9/10, a 12-month time extension to obtain the City Engineer's signature on the final plat
was approved by the Director to expire on 4/15/2011.
D. Utilities:
1. Public Works:
a. Location of sewer: No utilities required
b. Location of water: No utilities required
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
Flood Plain: This property is not within the floodplain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Public/Quasi Public" on the Comprehensive Plan Future Land
Use Map. Per the Comprehensive Plan (page 106), the following standards apply to Public/Quasi
Public areas where schools exist: These areas are designated to provide areas throughout the Area of
Impact which provide educational opportunities, community gathering places, and green space. The
proposed wireless communication facility is an accepted use in areas such as this.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Chapter VII, Goal IV (page 112) -Encourage compatible uses to minimize conflicts and
maximize use of land.
Staff believes the proposed use of this property is compatible with surrounding school,
residential, and commercial uses.
• Chapter IV, Goal I, Objective A (page 26) -Ensure that facilities and services keep up with
growth.
The addition of the proposed wireless Internet facility will allow Clearwire to solve coverage
problems in this area. The proposed tower will also allow space for an additional user on the
tower if needed in the future.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six (6)
districts are designated which differ in the size and scale of commercial structures accommodated
PAGE3
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists the permitted,
accessory, conditional, and prohibited uses in the L-O zoning district. The proposed
wireless communication facility is listed as a conditional use in the L-O district. There
are specific use standards for wireless communication facilities listed in UDC 11-4-3-43.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the L-O
zoning district apply to this site.
D. Landscaping Standards (UDC 11-3B): NA
E. Off-Street Parking: NA
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Conditional Use Permit: The request is for conditional use approval of a wireless (internet)
communication facility in an L-O district. The applicant proposes to remove an existing light pole
and replace it with a new 80-foot tall monopole on which lights will be mounted at a lower height
consistent with other parking lot lighting. The specific use standards for wireless communication
facilities are listed in UDC 11-4-3-43.
Staff has reviewed the specific use standards and finds that the application addresses most of the
standards except for UDC 11-4-3-43D.1, which requires documentation from a qualified licensed
engineer showing that the proposed facility will be in compliance with the FCC standards
regarding radio frequency emissions; and 11-4-3-43F.5, which requires a 5-foot wide landscape
buffer be provided around the perimeter of the fenced area that contains the mechanical
equipment with 50% of the plant material of the evergreen variety (alternative compliance may be
requested if the applicant can not comply with this requirement). The applicant shall submit
documentation that verifies compliance with the aforementioned standards prior to certificate of
zoning compliance (CZC) approval.
The applicant states in their narrative that there are no existing towers within the search area
available for co-location. The closest facility is behind Fred Meyers at the intersection of
Fairview and Locust Grove; however, Clearwire is currently serving on this tower and has
expanded the site as much as possible. The existing tower is structurally at its capacity and no
expansion can be done. Therefore, a new tower is necessary.
Staff recommends approval of the applicant's request subject to the conditions of approval listed
in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan (date: 6/11/10)
3. Landscape Plan (date: 6/11/10)
4. Elevations (dated: 6/11/10)
B. Conditions of Approval
1. Planning Department
PAGE 4
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
PAGE 5
Exhibit A.1: Vicinity/Zoning Map
PAGE 6
Exhibit A.2: Site Plan (date: 6/11/10)
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PAGE 11
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site plan prepared by Architecture Designs Plus, P.A., dated 6/11/10 is approved as
submitted.
1.2 The landscape plan prepared by Architecture Designs Plus, P.A., dated 6/11/10 shall be revised as
follows:
a. Consistent with UDC 11-4-3-43F.5, a 5-foot wide landscape buffer shall be constructed
outside the perimeter of the equipment compound. A minimum of 50% of the plant material
shall be of an evergreen variety. In locations where the visual impact of the tower is minimal,
the director may waive this requirement through the alternative compliance procedure.
1.3 The 6-foot tall cedar fence proposed around the base of the structure shall be stained a darker
color (than natural) to blend with the surroundings. Additionally, the gates shall slide rather
than swing out due to the proximity of abutting parking spaces as agreed upon at the public
hearing by the applicant.
1.4 The applicant shall comply with the specific use standards listed in UDC 11-4-3-43 for wireless
communication facilities. Staff has reviewed the specific use standards and finds that the
application addresses most of the standards except for UDC 11-4-3-43D.1, which requires
documentation from a qualified & licensed engineer showing that the proposed facility will be in
compliance with the FCC standards regarding radio frequency emissions; and UDC 11-4-3-
43D.5 which requires a S foot wide landscape buffer be provided around the perimeter of the
compound containing the mechanical equipment with SO% of the plant material of the evergreen
variety (alternative compliance may be requested if the applicant can not comply with this
requirement). The applicant shall submit documentation that verifies compliance with these
standards prior to certificate of zoning compliance (CZC) approval.
1.3 Prior to establishment of the proposed use, the applicant shall be required to obtain a Certificate
of Zoning Compliance.
1.4 The applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the use has not begun within 18 months of
approval, a time extension shall be requested in accord with UDC 11-SB-6F prior to expiration. If
a time extension is not requested or granted and the CUP expires, a new conditional use permit
must be obtained.
1.5 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no issues or concerns with this application.
3. FIRE DEPARTMENT
3.1 The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
a. All radii into the project shall be 28' inside and 48' outside radius on all access roads.
b. The access shall have a 20' wide fire lane available at all times.
c. The most remote portion of the structure as measured around the perimeter shall be within
150' of a fire lane or paved surface capable of supporting 75,000 lbs.
PAGE 12
d. Driveways greater than 150' in length shall be provided with an approved turn-around.
e. Battery storage shall comply with the International Fire Code.
f. Provide a fire extinguisher per the International Fire Code.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. SANITARY SERVICES
5.1 SSC did not submit comments on this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACHD will not be taking any action on this application.
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
PAGE 13
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-SB-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that the subject property is large enough to accommodate the proposed
use and dimensional and development regulations of the L-O district. (see Analysis Section
IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the proposed use is consistent with the Comprehensive Plan
future land use map designation of Public/Quasi Public. Further, the Commission finds the
proposed use of the site is consistent with the Comprehensive Plan in that the proposed
addition of a wireless communication facility will assist in facilities and services keeping up
with growth in this area of the City.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed use should be compatible with other uses in the general neighborhood
and with the existing and intended character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
The Commission finds that the proposed use will be served adequately by all of the public
facilities and services listed above.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for the proposed use.
The Commission finds there will not be excessive additional requirements at public cost and
that the proposed use will not be detrimental to the community's economic welfare.
PAGE 14
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission finds the proposed use will not involve any of the above listed activities or
processes that would be detrimental to persons, property, or the general welfare.
h. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
The Commission finds the proposed use will not result in the destruction, loss or damage of
any natural, scenic or historic feature.