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Verizon Wireless CUP-11-001CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ IAN*~.- ~J In the Matter of Conditional Use Permit for a Wireless Communication Facility for Verizon Wireless in the R-4 Zoning District, Located at 1900 W. Pine Avenue in the R-4 Zoning District, by Nefi Garcia, Technology Associates. Case No(s). CUP-11-001 For the Planning & Zoning Commission Hearing Date of: May 5, 2011 (Findings on May 26, 2011) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 5, 2011, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 5, 2011, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 5, 2011, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 5, 2011, 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 (LC. §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. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-11-001 Page 1 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of May 5, 2011, 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 request for conditional use permit is hereby conditionally approved per the conditions of approval in the attached staff report for the hearing date of May 5, 2011, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-SB-6F.1. 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 signed by the City Engineer within this two (2) year period in accord with UDC 11-SB-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the 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 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a 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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which maybe adversely affected by the final action of the governing board 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 May 5, 2011 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-11-001 Page 2 By action of the Planning & Zoning Commission at its regular meeting held on the d~ day of 2011. COMMISSIONER SCOTT FREEMAN (Chairman) COMMISSIONER MICHAEL ROHM COMMISSIONER TOM O'BRIEN VOTED VOTED VOTED_ ~~ ( ~~~ ~~~ trrrrrr~ „ r ~t1~ ,~ n By~-/J,~1t~s . ~ ~ ,v,~c~ Dated: 6 -1 !~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). CUP-11-001 Page 3 COMMISSIONER JOE MARSHALL VOTED EXHIBIT A STAFF REPORT Hearing Date: May 5, 2011 TO: Planning & Zoning Commission ~ ~~~~~ IDAHO FROM: Sonya Waters, 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. The Meridian Planning and Zoning Commission heard this item on Mav 5, 2011. At the public hearing, the Commission moved to approve the subiect CUP request. a. Summary of Commission Public Hearing: i. In favor: Nefi Garcia ii. In opposition: Richard Geile iii. Commenting: Mike Harmon; Ed Klopfenstein iv. Written testimony: Nefi Garcia, Applicant v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. The proposed location of the wireless facility in relation to the location_ previously approved by the football field and its impact on neighbors. c. Kev Commission Changes to Staff Recommendation: i. At the request of staff, condition of approval #1.7 was amended to reflect current UDC requirements pertaining to term of permits. ii. Because the applicant decided not to place microwave dishes on the lower portion of the pole as shown on the elevation, the microwave dishes are not approved with this application (see change to Exhibit A.3). 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.) PAGE1 EXHIBIT A 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. 51211131625) 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 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 residential/agricultural 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. Verizon equipment would be located at the top of the new pole at 100 PAGE 2 EXHIBIT A 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. 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 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 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 Verizon 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 I1-2A-3E.2.) PAGE 3 EXHIBIT A 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 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 PAGE 4 EXHIBIT A 7. Parks Department C. 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NFA 1 ,I~ xf -~ n *1 1 ~. t I. I ,o.~«~ to ~ ~.~` ~~i1~,. L_il~ i _. 1___~~ ._ 1R _V_ E m iwciwl __ - -__ - _-_ ____~ I i •lJ~ I ~ 1. IicR]'1 GSf~ -. 1 I l_____.. Ew:1Fn .. _ _ __ . m1 '. _: KI wm eaxw qr nas ry m trt cmFl1a W NM . ~_~--~ BOI -CHERRY NC SEC 11, 17N. Riw t a00 wEST %NE AVENUE NCRIONN. IDANO axe -- RAwlANO SIZE -- ~ ENLARGED SITE CLAN ;.___ V C.~O~ ~'_ PAGE? ENUaoeo acre rLAN _ EXHlB1T A Exhibit A.3: Elevations (dated: 4/11/11) NEVED NOTES ! .a . Iw .x~ .~rvl rtr..wc !1 ~ FL v.TOx~sFF 1xxFY xw ('Rm L1v axwNm scx ma w wzlnuwa vb e' 1xi xnCxrwi fO ra m~oa I+al' . r ~«.A~i . aim :[+rt+ ~vn m .x. rt` [WIYLT.T IG nmxl li; EI Y:Awwl E aucs INOCw, we A>w~,~ ro a< moewc 0ANC eo...m~rwl T x`ono vn~.aeaz n ~ x~w.irrv~xrA~ T xLL xCrxMf fCl IlURS 14 ;x) NIC A x• l1E 'iwxE ~wiw,tlll M14i Nc'IxIID IIFY ~ Txil x. 1011 Iti tt IMxERA,I /IaRIK Elfxcx ;q Iwusvlu wf,. - SI! EL[valKx+ f `~ e § x ~ 9 ~ 4 ~ y 9 e ~ 8 P ~ v Y 4 E 9494 g b R R g SITE ELEVATION La0kNC yvrlN V@P~j~fl WIfB~@SS YEAlION WIRELESS 1'AEC ^~__ _ _ TECNNOLOOY ASSOCIATES mna I m. ~M wox wx .,.~na~la~~ ERF ELEVATION ~ ~ q I~.er ~ ~E.IV.~e ~E+ w la%Nlvc tsT ~.. ,..o. i. W I~ ~iu" 1nrv0 »xlwn 1 I ~'~!r'; D7C ctcn~Ta E01 - [NERRY NE SEC II, 73M, R1W I Y00 WES1 PINE AVENUE MCPIOIAN, IDAHD EIEx~ -- R.wurd+ snE -- EIIE ESE VAYONS C200 PAGES EXHIBIT A 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 '~ two 2~~ to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within ~ two~2) years 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 (#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 PAGE 9 EXHIBIT A 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 ACHD 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 10 EXHIBIT A 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 11 EXHIBIT A 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.