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Staff ReportItem 4.D: Verizon Wireless Meridian High School (CUP-10-009) Location, size of property and existing zoning: The school site consists of approximately 50 acres and is zoned R-4. The site is located at 1900 W. Pine Avenue. Adjacent Land Use and Zoning: This site is surrounded by residential properties, zoned R-2, R-4, R-8 and Rl in Ada County; and commercial properties across Linder Road, zoned L-O. Application: Conditional Use Permit for a wireless communication facility in an R-4 zoning district. History of Previous Actions: A Certificate of Zoning Compliance was approved on February 24, 2010 for the collocation of wireless internet equipment to an existing 80-foot tall stadium light pole at Meridian High School. This is the existing pole the applicant is proposing to remove and replace with a 100 foot tall tower with this application. Summary of Request:. The applicant requests conditional use approval of a wireless communication facility in an R-4 zoning district on the Meridian High School property by the football field at the north end of the property. The applicant proposes to remove the existing 80-foot tall light pole and replace it with a new 100-foot tall pole. Clearwire currently has wireless internet equipment mounted on the pole at 65 feet and associated equipment in a cabinet at the base of the pole enclosed by a fence. Lighting for the football field exists at the top of the pole. The applicant proposes to place the Verizon equipment at the top of the new pole at 100 feet; Clearwire proposes to relocate their equipment at 90 feet; and the lighting for the football field will remain at 80 feet. Comprehensive Plan Designation: Civic Compliance with Comprehensive Plan: Yes Compliance with UDC: Yes with conditions of approval Elevations: Yes Outstanding Issue(s) for Commission: None Written Testimony: Nefi Garcia, Ed Klopfenstein Staff Recommendation: Approval with the conditions of approval in Exhibit B of the staff report Notes: STAFF REPORT Hearing Date: TO: FROM: SUBJECT: October 21, 2010 (Continued from October 7, 2010) Planning & Zoning Commission Sonya Watters, Associate City Planner 208-884-5533 E IDIAN~-- IDAHO CUP-10-009 - Verizon Wireless Meridian High School I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Nefi Garcia, TAIL, has applied conditional use permit (CUP) approval of a wireless communication facility in an R-4 zoning district on the grounds of Meridian 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 C. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-10- 009 as presented in the staff report for the hearing date of October 21, 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 November 4, 2010. Denial After considering all staff, applicant and public testimony, I move to deny CUP-10-009 as presented during the hearing on October 21, 2010, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-10-009 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: 1900 W. Pine Avenue Located in the northeast % of Section 11, Township 3 North, Range 1 West B. Owner(s): Meridian Joint School District No. 2 2301 E. Lanark Street Meridian, ID 83642 rr,,~Y,~ ,PAGE 1 ~j~r C. ApplicantlRepresentative: Nefi Garcia, TAIC 380 W. Lawndale Drive Salt Lake City, UT 84115 D. 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 1 1, Chapter 5. B. Newspaper notifications published on: September 20, 2010 and October 4, 2010 C. Radius notices mailed to properties within 1,000 feet on: September 9, 2010 D. Applicant posted notice on site by: October 8, 2010 VI. LAND USE A. Existing Land Use(s) and Zoning: The portion of the site where the wireless communication facility is proposed is currently zoned R-4 and is developed with a public 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 Linder Road; adjacent properties are zoned R-2, R-4, R-8, L-O and Rl in Ada County. C. History of Previous Actions: • A Certificate of Zoning Compliance (CZC-10-012) was approved on February 24, 2010 for the collocation of wireless Internet equipment to an existing 80-foot tall stadium light pole at Meridian High School. This is the existing pole the applicant is proposing to remove and replace with a 100 foot tall tower with this application. 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: Canals/Ditches Irrigation: The Ninemile Creek runs along the north boundary of the school property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property is not within the floodplain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Civic" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 106), the following standards apply to Civic areas where schools exist: These areas are designated to provide areas throughout the Area of Impact which provide educational PAGE2 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 communication facility will allow Yerizon Wireless to provide better service coverage in this area. The proposed tower will also allow for collocation for other service providers in the area. VIII. UNIFIED DEVELOPMENT CODE A. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the permitted, accessory, conditional, and prohibited uses in the R-4 zoning district. The proposed wireless communication facility is listed as a conditional use in the R-4 district. There are specific use standards for wireless communication facilities listed in UDC 11-4-3-43. B. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district apply to this site. (Note.• The maximum height limitations do not apply to wireless communication facilities per UDC 11-2A-3E.2.) C. Landscaping Standards (UDC 11-3B): NA D. Off-Street Parking: NA IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests conditional use approval of a wireless communication facility in an R-4 zoning district on the Meridian High School property by the football field at the north end of the property. The applicant proposes to remove the existing 80-foot tall light pole and replace it with a new 100-foot tall pole. Clearwire currently has wireless Internet equipment mounted on the pole at 65 feet and associated equipment in a cabinet at the base of the pole enclosed by a fence. Lighting for the football field exists at the top of the pole. The applicant proposes to place the Verizon equipment at the top of the new pole at 100 feet; Clearwire proposes to relocate their equipment at 90 feet; and the lighting for the football field will remain at 80 feet. Note: Clearwire will be required to apply for a modification to their CZC in order to relocate their equipment. Verizon also plans to construct a 12' x 26' shelter on the north side of the tower that will house all of the electronic equipment. Specific Use Standards: The UDC (11-4-3-43) contains specific use standards for wireless communication facilities that the applicant must comply with. At this time, a revision to the UDC is in the works to change this section of code. The applicant will be required to comply with the standards in effect at the time of development when the Certificate of Zoning Compliance application is submitted. PAGE 3 Certificate of Zoning Compliance: The applicant is required to submit an application for Certificate of Zoning Compliance for the proposed use prior to establishment of the new use in accord with UDC 11-SB-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-SB-8. 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 & Aerial Map 2. Site Plan (Sheet SURV, dated 8/25/09; C100 & C101, dated: 9/23/10; C102, dated 6/16/10) 3. Elevations (dated: 6/16/10) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code PAGE 4 Exhibit A.1: Vicinity/Zoning & Aerial Map PAGES Exhibit A.2: Site Plan (Sheet SURV, dated 8/25/09; C100 & C101, dated: 9/23/10; C102, dated 6/16/10) -- ----- -- _ _~ __ ~~e ~ ^f, ,.s -" wr ~~" a -~-. - .~ 1 •~ ~ ,m., ,. .~.; ~ ~i .~ ~.. ~, _- '. PAGE 6 . Ir rulr Maas aoa ~ rr_r oq rar ,r~. a• tw m mnv..a Iu -I-r-•-.------ r-~ / -_ ~_ `~ WJiMfJ< _ __ ___~'\ ._-__. ~ a ru ~ualr4le uwmale n m e ~_~'~~+~` tILCtO n 11r MIA 10r 4rL AE m r .n arrnr nm--~ ,~~ _ __. ~~~ was wla -1,w al i[x0nc (m) 6l aler rn ru . ~ ~morMlu. m 10 Iuaa aae m ar wrx ~ ~ ~ ~f.},, r~1 I ,J I ~ ~ l ~ .I ~~f i- i ~' ') j f i i ~ ~ 1 i ~ ~- Pq~ u#rt~lm i i'~ ®rt~ru/.Iru W~.vrose[ '~~ ri1 '~ ( ~ ,~ ~ ~ p Ia.c ao. ers i 1111111 I . 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T:'raER ~ rC. + © T}'~' 411 f ~ qL ~qG' o u ) b ~$ y R ~ M 8'~s~~ 5' yF„ ~ ~ tl b a [ n SITE ELEYATION wcrcR~ uwnl V@f'7jQ17 W(f@~BSS VCiQON Y171EIFJs TAIC ^ nA.I~.er.rsrloTr IECINOL00T A!lOCNTB YEW rlpfgl0 ~RIIIIIOEIlEMLOIMi u[.~aea~x +amn "rr"~""''w~w SITE ELEVATIDN LJ~k N.: FasT SITE ELEVATKi#1 ~:TlE+!T vlDr L ~wlw*r nx iec EIDI CHERRY NE SEC li, T3N. P1W 190a WEST %NE AYENUE I(ERIDIIN, IpAHO 85612 -- RAWLIND SRE -- Nfii TIIIF SffE ELEYATgNII C200 PAGE8 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site plan prepared by Technology Associates (Sheet SURV, dated 8/25/09; C100 & C101, dated: 9/23/10; C102, dated 6/16/10) is approved with the comments and conditions in this report. 1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-43 for wireless communication facilities in effect at the time of submittal of the Certificate of Zoning Compliance application. 1.3 The applicant shall submit an application for Certificate of Zoning Compliance for the proposed use prior to establishment of the new use in accord with UDC 11-SB-1. 1.4 The applicant shall submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-SB-8. 1.5 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 may be requested in accord with UDC 11-5B-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. 1.6 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 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.2 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.3 Afire extinguisher (#ZAIOBC) is required to be placed in the mechanical building. 3.4 The applicant shall meet the requirements for a fire department access road as outlined in Appendix D of 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 has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACHD will not betaking any action on this application. PAGE 9 7. PARKS DEPARTMENT 7.1 The Parks Department has no comments related to this application. PAGE 10 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-SB-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-4 district. (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed use is consistent with the Comprehensive Plan future land use map designation of Civic for this site. Further, staff finds the proposed use of the site is consistent with the Comprehensive Plan in that the proposed addition of a wireless communication facility will assist in facilities and services keeping up with growth in this area of the City. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other properties in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect other properties in the vicinity. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for the proposed use. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. PAGE 11 g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff finds the proposed use will not involve any of the above listed activities or processes that would be detrimental to persons, property, or the general welfare. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature.