Staff ReportChanges to Agenda: None
Item #4.A: Verizon Wireless Meridian High School (CUP•11.001)
Application(s):
- Conditional Use Permit for a wireless communication tower in an R-4 zoning district.
Size of property, existing zoning, and location: The overall school site consists of approximately 50 acres, is currently
zoned R-4, and is located off the corner of N. Linder Road & W. Pine Avenue. The wireless facility is proposed centrally on
the west end of the school property.
Adjacent Land Use & Zoning:
North: Baseball field and residential properties in Vineyards Subdivision, zoned R-4
West: Rural residential/agricultural property, zoned RUT in Ada County
South: School property, LDS Church, Pine Avenue, & residential properties in Merrywood Subdivision, zoned R-8
East: School property, zoned R-4
Summary of Request: The applicant requests approval to remove an 80-foot tall light pole located on the southeast line of
the baseball field & replace it with a 100-foot tall pole. Verizon equipment is proposed at the top of the pole & the lights will
be re-mounted at their current height of 80-feet. A 12' x 26' (312 s.f.) shelter is proposed on the east side of the tower that
will house all of the electronic equipment. The tower & equipment shelter are proposed to be enclosed with a 6-foot tall solid
vinyl fence; arborvitaes are proposed to be planted at the east and west ends of the enclosure for screening purposes.
History: A CUP for another wireless facility was approved for this site last year but has not yet been constructed. That
facility was proposed to be located by the football field approximately 950 feet to the northeast of this site. The applicant
states that if this facility is approved, the previously approved facility will not be constructed. In order to avoid an
overabundance of wireless facilities in this area, staff has included a condition of approval that only one or the other of the
facilities be constructed but not both.
Comprehensive Plan DesignationlCompliance wlComp Plan? Civic -Yes
Compliance with UDC? Yes
Written Testimony: Nefi Garcia, Applicant (response to staff report - in agreement)
Staff Recommendation: Approval
Notes:
STAFF REPORT Hearing Date: May 5, 2011
TO: Planning & Zoning Commission ~ ~~~~~
IDAHO
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: CUP-11-001 - Verizon Wireless Meridian High School
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Nefi Garcia, Technology Associates, has applied for 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.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-11-
001 as presented in the staff report for the hearing date of May 5, 2011, 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 May 26, 2011.
Denial
After considering all staff, applicant and public testimony, I move to deny CUP-11-001 as
presented during the hearing on May 5, 2011, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number CUP-11-001 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 (Parcel No. S1211131625)
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, Technology Associates
9847 S. 500 W.
Sandy, UT 84070
PAGE 1
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: April 18, and May 2, 2011
C. Radius notices mailed to properties within 1,000 feet on: Apri17, 2011
D. Applicant posted notice on site by: Apri125, 2011
VI. LAND USE
A. Existing Land Use(s) and Zoning: 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.
North: Baseball field and residential properties in Vineyards Subdivision, zoned R-4
West: Rural residentiaUagricultural property, zoned RUT in Ada County
South: School property, Pine Avenue, & residential properties in Merrywood Subdivision, zoned
R-8
East: School property, zoned R-4
C. History of Previous Actions:
A Conditional Use Permit (CUP-10-009) was approved on November 4, 2010 for a wireless
communication facility by the football field. The applicant was approved to remove the
existing 80 foot tall light pole on which Clearwire equipment is mounted and replace it with a
new 100 foot tall pole. Perizon equipment would be located at the top of the new pole at 100
feet; Clearwire equipment would be re-installed at 65 feet; and lighting for the football field
would remain at 80 feet. (Note: The applicant does not intend to construct the taller pole if
the subject CUP is approved.)
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 Rutledge Lateral runs across this site but is tiled.
2. Hazards: Staff is not aware of any hazards that exist on this property.
Flood Plain: This property is not within the floodplain.
PAGE 2
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 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 and
residential uses as the proposed tower will only extend 20 feet above the height of the existing
light pole and serve a dual purpose of lighting & wireless communication facility.
• Chapter 1V, 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 thereby reducing the potential for expansion of other
cellular facilities 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.)
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. The applicant proposes to remove the
existing 80-foot tall light pole located at the southeast line of the baseball field on the west end of
the school property and replace it with a new 100-foot tall pole.
The applicant proposes to place the Verizon equipment at the top of the new pole at 100 feet and
re-mount the lights at their current height of 80-feet. Verizon also plans to construct a 12' x 26'
shelter on the east side of the tower that will house all of the electronic equipment. The tower &
equipment shelter are proposed to be enclosed with a 6-foot tall solid vinyl fence; arborvitaes are
proposed to be planted at the east and west ends of the enclosure for screening purposes.
As noted above, a CUP for another wireless facility was approved for this site last year but has
not yet been constructed. That facility was proposed to be located by the football field
approximately 950 feet to the northeast of this site on the school property. The applicant states
that if this facility is approved, the previously approved facility will not be constructed. In order
PAGE3
to avoid an overabundance of wireless facilities in this area, staff is including a condition of
approval that only one or the other of the facilities be constructed but not both.
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
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
PAGE 4
Exhibit A.1: Vicinity & Aerial Map
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PAGE 7
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site plan and tower/building elevations prepared by Technology Associates (dated 4/11/11)
contained in Exhibit A are 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 two (2) existing trees that are proposed to be removed on the site plan (sheet C100) should be
relocated elsewhere on the site. If relocating the trees is not feasible, the applicant shall comply
with the standards for mitigation listed in UDC 11-3B-1OC.5.
1.4 Only one wireless communication facility shall be allowed to be constructed at this time on the
subject property. If the facility is constructed by the football field that was approved under CUP-
10-009, the subject facility shall not be allowed. However, if the subject facility is constructed,
the previously approved facility shall not be allowed. This requirement is to ensure against an
overabundance of wireless communication facilities in this area.
1.5 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.
1.6 The applicant shall submit an application for Design Review concurrent with the Certificate of
Zoning Compliance application in accord with UDC 11-SB-8.
1.7 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.
1.8 The applicant shall submit a statement regarding compliance with regulations administered and
enforced by the federal aviation administration (FAA) prior to issuance of a Certificate of Zoning
Compliance for the proposed use in accord with UDC 11-4-3-43D.4.
1.9 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 (#ZAlOBC) 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
PAGE 8
Appendix D of the International Fire Code.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments on this application.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application.
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 9
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.
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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.