Verizon Wireless at Meridian High School CUP-10-009CITY OF MERIDIAN ~,T
FINDINGS OF FACT, CONCLUSIONS OF E II~IAN
LAW AND I D A H O
DECISION & ORDER
In the Matter of Conditional Use Permit for a Wireless Communication Facility in an R-4
Zoning District on the Grounds of Meridian High School Located at 1900 W. Pine Avenue,
by Nefi Garcia, TAIC.
Case No(s). CUP-10-009
For the Planning and Zoning Commission Hearing Dates of: October 7, and 21, 2010
(Findings on November 4, 2010)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 21, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 21, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October
21, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of October 21, 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-10-009
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 October 21, 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:
The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan
attached in Exhibit A of the staff report dated October 21, 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 October 21, 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-009
Page 2
Commission maybe granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
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 October 21, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-009
Page 3
~-~~
By actin oaf the Planning & Zoning Commission at its regular meeting held on the
day of ' ', ~^~r `-I~' , 2010.
COMMISSIONER MICHAEL ROHM VOTED ~ ~~
(Chair)
COMMISSIONER SCOTT FREEMAN
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL
®r d~~ ~, ; ~:um
~~~
J ~ ~ A~ ~
~ ~~~qPU~~ e.~ ~)~°
Attest: ~ ~°~~ °'~" ~'~~ ~'
~ ~ ~ ~;
~ ~~ :~~
~~;, ~•, u
/ ', ~ ~~ A ~~~ tip
Y ~y`,
~ F~ ~ ,
ce man, Clerk ~ ~ ~ ~~ ~
VOTED~~
VOTED ~ \~~,~~
VOTED ~
VOTED ~ ~ ,~
ROHM
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
., L ' ~~
By. ~ Dated
City Clerk's Office
f l - ~1 V'
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-009
Page 4
STAFF REPORT ~T
Hearing Date: October 21, 2010 E IDIAl ~1
(Continued from October 7, 2010) I D A H O
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: CUP-10-009 - Verizon Wireless Meridian High School
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Nefi Garcia, TAIC, 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
IX Analysis 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.
The Meridian Planning and Zoning Commission heard this item on October 7, and 21, 2010. At
the public hearing on October 21St they moved to approve CUP-10-009.
a. Summary of Commission Public Hearing:
i. In favor: Nefi Garcia
ii. In ouposition: Matthew Harrison• Joann Harrison; Ed Klopenstein; Sue
Darden; Mike Harmon; Don Klinger
iii. Commenting: None
iv. Written testimony Nefi Garcia, Applicant (response to the staff report) and Ed
Klopfenstein
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Anna Canning
b. Kev Issues of Discussion by Commission:
i. Public health safety regarding the emission of microwave frequencies from the
equipment on the tower;
ii. The possibility of using a stealth antenna and incorporating the antennas inside
the pole• and
iii. Grid spacing between towers for coverage within the Verizon area.
c. Kev Commission Changes to Staff Recommendation:
i. Add a condition prohibiting microwave drums/dishes to be used on the site and
require the tower to be serviced by Tl line only.
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.
PAGE 1
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
C. Applicant/Representative:
Nefi Garcia, TAIL
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 11,
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 R1 in Ada County.
PAGE 2
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:
1. 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
opportunities, community gathering places, and green space. The proposed wireless communication
facility is an accepted use in areas such as this.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Chapter VII, Goal N (page 112) -Encourage compatible uses to minimize conflicts and
maximize use of land.
Staff believes the proposed use of this property is compatible with surrounding school,
residential, and commercial uses.
• Chapter IV, Goal I, Objective A (page 26) -Ensure that facilities and services keep up with
growth.
The addition of the proposed wireless communication facility will allow I~erizon 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.)
PAGE 3
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.
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
PAGE 4
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
PAGES
Exhibit A.1: Vicinity/Zoning & Aerial Map
PAGE 6
Exhibit A.2: Site Plan (Sheet SURV, dated 8/25/09; C100 & C101, dated: 9/23/10; C102, dated 6/16/10)
,, ,~ ~~~
.~
__.~
_- _ __ ___~. .~~ ~T___.____r
;,~'
~,
~:
~.
`"" ~°~
r~
._..~. ,;
~,
~, ~ ,~~~
.Y.[..[.
Y ns:~,ssra:~ ~•
-~~, ~
-r~Wr ~
__ ~
.asassa+ear " , ~ SURV
" ni'cwwMifenirooiin~ ' i
wNSa®~rNOwca~N~sno
O~D
~7N
y NI~EI®[ I r~`
~~
~. ~ Y" m ~ rnn i ~
r --~
~.
- . ~
~
..~.. <
i
...~ ~~ ~alr.NCwxurnm .w,~~m„ ~
~ ~.au.rsmr~
sr~~w
/ ~ ~ ~
._
.~ ~ a as+wN sr x iv icue .:~
.F.'( ~ ~
AIOtlOe111~D }
~~ f
~
~
'
~
•~
.uerw.~[
1 ~'
~ I
~~ _w~•+r a.u m.K ro.ovc~ay .wN~
"~ "~ ~
iwwu ure tw Y iov~m r rol. [a nm
A
'
~ .
~
~
~
~ n
. _ _ _~
w*~ ~ ~_.
rriwtra
~N~o[[rNUOO~
•
'
~ :~
~
~ ~ ~~
~ ~_
{
~~
t,
~..
~
.
..~~ [c ii r~nrr
N[ s
ono wur rnt avow[
Y[YWM, MWMI OtMt
'- bwl~Ne SIfE '-
? ~~ I'
4` a ~ ~01C
OVBWL ti[e![AM
. _. ~
. __ _ _ ~_~ ~
sw a D
e
ur•trr ~, o0
~
.
oveiuu sire nu[
PAGE 7
1Y YAANII III.Ai6~N 9101X ~ rY.T
W M ft'i >r (1M A nl ~NG1
:~
4 AIIOIIfARLwO., ~ ::d ~C'_,>
~MNll9t
~
----`~-~. „~ l- ;rte
• ~ - I ~_~ ~
_- _ _. -r- -- '~ ry.. O
?
--^-~-
-_~~~. J fqr M Mlu
~r1t~IPNILL 4 # \O< 9plf
fD[ ID IN[ INBH 11700LO~/ArOL'MIS
MNM91r9~19N1~
' - ~ ~TMACK ''
OJ IO'TA1 Iig101L IlOI1WIEP194
AG1/Cm a MA; MI 4 IOY INL ,OIE ~
~
•
<.J•. `r ~~ \
'
-~~ t?,
` a
~ ~ wx MW
IFl~wy ~ME~1i
Ri E ~O[ wnm am
\ ~~
I
I
i i
i I
~gP00r11NE199:EN
. I~t
.
'/~
l
#
' i
I
t ~a
"[ ro ip1Ai m 9f.M1rt
m IPO
1 tl l
K
anew
'
s
~ .
~
i
t i (+c a Imee n w~ ss1 rni ~ aus~e
D 01te10 ios 4u r
Yi 41MIO
..... _. _--~-.-.._..._-r.
g7NM47[
... _._.-.. _.__...~ _...~_~_
/~
..___. ~. ~
~
F
:...._.~-. - '~ fl1
1 ` I
~
i
} I
ti
ICI '~~
1 ~ Pt ipq mI wA
. B01 - C1[RMT
K SfC Ii. TA4 M1M
1900 NLlf PN[ AVpMIE
NCNOYUI, 9MN0 WAS
- tl91WO SIZE
a ~
a D 9~
PSI[ LAIE PLAN
C101
NRE LANEPWI aeAAa: ur. Tear
/
r^// ~ J ~/` / l~
~
~
/ I
W rou.c mn -' NEYEO No7ESUmn raS PIIN u( l9Nf sw
r Ial M n vom«,.~~•~" °~ iep'prru
~ PIXL Id MOI~MMI iLO/9 YNKX NC
~•, as•-r. Iwo x no.c.
~~$
Y9~M~
r /~
'~r/' ,,~.~~r/ r
r"
'""~
r~
~'
~ ~
id~wmY
~
/''/,
/,~ (yPpNIGN1! ,f~ ~~
,,Ir
d,,. ,,'~ ,,r„fr rr/',r~'',... ,r.~/i'r
"
' / "
r
~
~
/
' i ~il~nw
~c
~lai. m~ wwnwaa ro we
w~0iaim rwrrE var wins.
/./' r
^
!
,!,
/
,/
~"~
~~' ter" " ~..
,.' - ."'" r "a r r'./".'''rr :",
/ r vn a slooc sm w Amts.. m~Aaim
®~ ~. 9x em/~. uooM .o
IOEIOLONfMOE1Rl~
}
c._I. } ~
r-w ®va+ mun atlc s[ cx+/+
~ vu r +.u csrn roues.. 9drINMN~a11191
IM.w w ~a°
~9~NIL
®~ wa wMSn~ i+~A sa"ac R ~
9M
1 ' M4 e41a MMI[IW4 (q RI 9tt'IR
~~~~ u 4 w' do 6MI[I,
®And ~ WrAtAMU1W INFFf.
we. c
~
y• ~
r
Jl1 }
1 i
i
M' ~-#. a a mireunar m Isou (II r• ramrlt
® oine.I unwc rs .arnl m AE
AEiman aMls mlmul¢ml. amu n o 4 Iw 4
~~
i
A
d~
.. ~ v
~~
Ant
~~~yy~
"''''~
0 AL mN 1Wa14Pdw
"
,,r ~~~
f
/
,/ r'
,/ r
,,
/
~
J
/'rr~~~~~
~f'~
~ ' r
f~
r
r"
-'~ ~'
~~'' ~ -
":4~
A, Y•
9n CNEMMY
NE SEC tl, Tal. MIN
1900 HEST PN[ AYOQf
NENdAN, DA110 9SSA2
/
f
//
/ //
'/
r raa
07
(0 4a® oiO
- MA91lAND 9rE -
X091[
/
,,r
/
''~r / ,r' /
''
r
r
~ I Q ~ flNANOP.D SII[K11N
r
~
r ~
-y_y~ /-x -4-I-4-I- x_a_4-4
I-t-I-4-~-I~_ -4-x-I-I
ur • rr ~ __
C102
EN6ANpEp 91}E PIAN Mwue~
PAGE 8
Exhibit A.3: Elevations (dated: 6/16/10)
~', KEMEO NdTES
' (q AO' TNl LYHf PoLC Wlfx (>) InGlll nrnn
ro ec Wwucm Wr vEM Wml A (M +ao' TALL
LNNTMIE
(q C1EA0.Wf~ ANIEMMIQ ro TL PEluoIIITD To
W0T WqE A A 1tl Ww fE1PIER.
'T IY ro nDIdR1f TIE QJ LIWIT pYxB ON
TiE (nl) PLIE AT THCx WWPfDIf H9CNI8
WXlpl ME i7-0~. Tn'-n'. ,11w 2B' A0.L
YEIP It'd' n 3W' PMC-FYB BWIPoRlff
RELIEN WIIl1 GD MWa UwTi WW (~
10R-PMOFlIE VpiRATgf M0009 ro [
~1'WOWOLD gY TH[ $NELT6W MWIV., Sfs Ci01/r
H~EL1nEW ~°i'Trn~i vtW ro wla
vzW r T.u cmwr rnaTWW.
~mn Iz Wlac slrc sccLSS, r xoc
cwWAxA ~ WIEWf ~ Wxc sLc
cm/a-
YEW 4' TALL WEL /INFJMI$ (E) PHn SmILW.
ff R1 iDT11L~YIIFe~WL,d~~FlOINM~IICN~8x9~T~~
KvewF'mCWiMdTtll TO IKhUL (E) EY
WaROlME azxES (xewm, AW9 Azaurn To Y:
ocrexYxm DURxG CIXISITUCTONj.
MdW tpARACfOP TO Ixb'TALL 1TE !' TM1
LCxINH1n Woo As slwum Ev TTIEM
WN0.£ACRMEF
r
SRE ELLNATN'JN
TxlINEASf Wp
A'-n'
n'-E•
n'a'
p cxwArES mans
__
SRE ELEYAlld1
LOGKEI6 SOUIH ••~~~,,,,,
~If OIO~
~~~~
MM IEYEI ~ElOtx WnW
Ymf JEIEM1 nWl nll~
SAni~YWi~AExMIEEEWI•tiA
~l0/EAM061S79
wwlWr~naNr
wW nelx w so
w. uw sqn
~II~r1111EwNaws
aw a oonw Wsr WR xs
Ills zES aas xm
SITE ELEYATKNI 1
Icosw E16f 1 sEamlW NYEp6 ru wo
o aew >~ EEz
Wrt om1lmY
~pq
b ~ n g
~ ~ jy M R P EIDI - CHERR`!
iF" W
~ ~ ~ E! g, ~ NE SEC 11, T7N, P/M
9 5 1100 WC4T INL AVOEIR
Y YERNlIAN, IDAHO l7SA'L
G __ NA~MD SRE __
B HIi TEE
~ k k SRS ELt1/A710Nt
C200
PAGE 9
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)
shall be revised as follows:
a Microwave drums/dishes shall not be used on the site. The tower shall be serviced by Tl
line only. The site plan shall be revised accordingly.
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-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.
1.6 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.
PAGE 10
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACRD will not be taking any action on this application.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments related to this application.
PAGE 11
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 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.
The Commission finds that the proposed use is consistent with the Comprehensive Plan
future land use map designation of Civic for this site. 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 properties 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 12
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.