Staff ReportChanges to Agenda:
Item #4A: Canterbury Commons (PP-12-005) -The applicant has requested this item be continued to the regularly
scheduled meeting of June 21, 2012.
Item #46: Capital Christian Wireless Communication Facility (CUP-12.003) -During the previous hearing, the
applicant requested the Commission to continue this item to the September 6, 2012 hearing. The Commission
granted the continuance to the June 7tn hearing and directed staff to contact the applicant so the Commission can
discuss the extended continuance with the applicant. Additionally, it was the Commission's desire to discuss a re-
noticing fee with the applicant so that all of the affected property owners could be informed of the September 6m
hearing date. The applicant has been informed of the Commission's request and will be in attendance tonight. The
applicant has also been informed of the re-notice fees. The applicant still wishes the Commission to continue the
project to the September 6, 2012 Commission hearing.
Item #4C & D: Paramount North (AZ-12-002; PP-12-006)
Application(s):
- Annexation & zoning of 9.58 acres to R-8
- Preliminary Plat consisting of 77 building lots & 5 common lots on 26+/-acres
Size of property, existing zoning, and location: This site consists of a total of 26+/- acres of land currently zoned
R-8 & RUT in Ada County, and is located on the west side of N. Meridian Road between Chinden & McMillan.
Adjacent Land Use & Zoning:
North: Ag land, zoned RUT in Ada County
South: Residential & vacant properties, zoned R-8; church, zoned L-0
East: Rural residential/ag properties, zoned RUT in Ada County
West: Residential properties, zoned R-8
History: A portion of this site (16.5 +/- acres) was included in the annexation, preliminary plat, & CUP/planned
development for Paramount Subdivision approved in 2003.
Summary of Request: The applicant proposes to annex & zone 9.58 acres of the site with an R-8 zoning district. A
conceptual site plan & building elevations were submitted with the annexation request showing how the property is
proposed to develop.
A preliminary plat is also requested that consists of 77single-family residential building lots & 5 common lots on a
total of 26.07+/- acres of land.
The CUP/PD approved for the annexed portion of this site in 2003, allowed block lengths in excess of 1,000 feet
among other reduced standards for lot size, front & street side setbacks, & street frontage.
Comprehensive Plan Designation/Compliance wlComp Plan? MDR - The gross density of the proposed
subdivision is 2.95 dwelling units per acre, consistent with the MDR FLUM designation & surrounding densities.
Written Testimony: Mike Wardle (in agreement w/staff report)
Staff Recommendation: Approval per the conditions in the staff report with the addition of the following:
• Strike #1.1.1- The plat has been revised to include the 60' x 300' strip of land associated with this site that
extends to Meridian Road.
• Add a new condition requiring the landscape plan submitted with the final plat application to be revised to
include the additional area shown in the annexation area at the northwest corner of Producer & Meridian.
Notes:
STAFF REPORT Hearing Date: Apri15, 2012
TO: Planning & Zoning Commission E IDIAN~--
laAHo
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: CUP-12-003 -Capital Christian Wireless Communication Facility
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Tony Wilson, has applied for conditional use permit (CUP) approval to operate a
wireless communication facility in an L-O zoning district on the grounds of the Capital Christian
Church. 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-12-
003 as presented in the staff report for the hearing date of April 5, 2012, with the following
modifications: (Add any proposed modifications.) I further move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
on April 19, 2012.
Denial
After considering all staff, applicant and public testimony, I move to deny CUP-12-003 as presented
during the hearing on Apri15, 2012, for the following reasons: (You should state specific reasons for
denial.)
Continuance
I move to continue File Number CUP-12-003 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
A. Site Address/Location:
2760 E. Fairview Avenue (Parcel No. 51105438515)
Located in the southwest'/4 of the southeast'/4 of Section 5, Township 3 North, Range 1 East
B. Owner(s):
Capital Christian Center Inc.
2760 E. Fairview Avenue
Meridian, ID 83642
C. Applicant/Representative:
Tony Wilson, SDI, Inc.
1068 E. Carter Street
Boise, ID 83706
Capital Christian Wireless Communication Facility CUP-12-003 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: March 19, and April 2, 2012
C. Radius notices mailed to properties within 1,000 feet on: March 15, 2012
D. Applicant posted notice on site by: Apri125, 2012
VI. LAND USE
A. Existing Land Use(s) and Zoning: The site where the wireless communication facility is proposed
is developed with a 40,000 square foot church on 21.5 acres of land, zoned L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The primary use of the site is
for the church building and associated parking and is predominantly surrounded by developed
and undeveloped commercial properties. The north and northwest quadrant of the property abuts
developed single family residences in the Dove Meadows and Packard Subdivisions.
North: Open field and residential properties in Packard Subdivision No. 4, zoned L-O and R-4
West: Residential (Dove Meadows Subdivision No. 1 and No. 2) and commercial property
(Mallane and Angel Park Subdivisions), zoned C-G and R-8
South: E. Fairview Avenue and commercial properties in Treasure Valley Business Park
Subdivision, zoned I-L
East: Vacant commercial property being used for farming, zoned C-G
C. History of Previous Actions:
• In 1992, the church property annexed (ordinance #581) into the City with an L-O (Limited
Office) zoning district.
• In 1999, a conditional use permit (CUP-99-019) was approved to allow a private school to be
constructed and operated on the site but the school was never built.
• In 2002, a certificate of zoning compliance (CZC-02-014) was approved fora 23,296 square
foot expansion of the existing church.
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: No major facilities exist on the 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.
Capital Christian Wireless Communication Facility CUP-12-003 PAGE 2
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Office" on the Comprehensive Plan Future Land Use Map. Per
the Comprehensive Plan (page 21-22), these areas are designated to provide opportunities for low-
impact business areas. The site is developed with a church which is a low impact use. Since the
proposed wireless facility is not changing the primary use of the property and the proposed use will
not generate excessive levels of noise, odors or traffic; Staff is of the opinion that the proposed
facility is generally a low impact use as envisioned by the Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter 3, pg. 52).
The church has existed on the property for many years and pre-dates the construction of the
single family homes in the surrounding area. The proposed facility has been oriented on the
property to provide the least amount of impact to the adjacent residential properties, the least
amount of visibility from the adjacent streets and abuts vacant commercial property. The closest
residences are approximately 530 feet north and 770 feet to the northwest of the proposed
communication facility. Although the poles may be visible, the equipment will be screened with a
6 foot vinyl fence and landscaping as required by the specific use standard contained in the
UDC.
The proposed towers are a stealth monopole design (flagpoles) with the antennas located inside
the poles. Based on the reasons stated above, Staff believes the addition of the wireless
communication facility should not impact the existing residence and is better suited adjacent to
the commercial district as proposed.
• Provide facilities and services that keep up with growth (Chapter 3, pg. 45).
This area of the City is rapidly transitioning with a mix of residential and commercial
development (Kliener Park, Meridian Town Center, Scentsy Campus Regency at River Valley).
Staff is of the opinion that additional services are needed in this area. The proposed facility will
also allow for collocation (at a limited capacity) for other service providers. At this time, no
providers are planned to occupy the facility.
After considering all of these factors staff believes that the proposed use is generally consistent with
comprehensive plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists 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.
B. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the L-O
zoning district apply to this site. (Note: The maximum height limitations do not apply to wireless
communication facilities per UDC 11-2B-3A.3b.)
Capital Christian Wireless Communication Facility CUP-12-003 PAGE 3
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant requests conditional use approval to operate a wireless communication facility in
an L-O zoning district on the Capital Christian Church property. At this time, no service
providers are planned to occupy the proposed facility. The applicant wishes to get the use
approved prior to marketing to service providers. It is the applicant's opinion that this area of
Meridian is under served given the amount of commercial development that is under construction.
Typically, lease areas do not include five (5) monopoles however the stealth design limits the
ability to collocate. The applicant states the nearest wireless facilities are located a'/z mile to the
west and 3/4 of a mile southeast of this property.
The applicant proposes to develop a 50' X 75' lease area that may develop with five (5) 120-foot
tall monopole stealth towers (flagpoles) and five (5) equipment buildings. The equipment
buildings are proposed to range in size from 100 square feet up to 200 square feet. The lease area
and equipment buildings are proposed to be enclosed with a 6-foot tall solid vinyl fence
surrounded with a mix of evergreen shrubs at the south and east ends for screening purposes.
Per the specific use standards, the proposed facility must be surrounded in its entirety with a 5-
foot wide landscape buffer and fifty percent of the plant material must be of an evergreen variety.
The submitted site/landscape plan is deficient of this buffer along the western and northern
boundary of the proposed facility. The applicant must comply with this requirement as set forth in
UDC 11-4-3-43F.5.
The applicant has also provided a rendering of how the proposed facility will be viewed from
north and the west. Formal review of the equipment buildings will occur with each subsequent
certificate of zoning compliance (CZC) application.
Specific Use Standards: NOTE: 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.
The UDC (11-4-3-43) contains specific use standards for wireless communication facilities. The
applicant's narrative explains how they intend to meet the requirements of the ordinance. It is
their preference that the required engineering documentation be provided with each subsequent
CZC submittal. Staff supports this request since tenants have not been identified. Per the specific
use standards, any wireless provider that locates within the lease area must provide
documentation from a licensed engineer that the cell tower will comply with the FCC regulations
regarding RF emissions.
Prior to the issuance of a CZC for any provider that may locate on the site; the required
engineering documentation must be provided in accord with UDC 11-4-3-43D.
Written Testimony: Staff has received a petition containing ninety (90) signatures from adjacent
neighbors concerned about radio frequency (1ZF) emissions, property values and aesthetics,
improper notification and the preface there are more suitable sites.
Staff has included analysis to address each of the aforementioned concerns.
1) Based on regulations from the federal government, the City has limited authority on the
regulations of wireless communication facilities. Specifically, the City cannot deny the
application on the basis of environmental effects of radio frequency emissions if the applicant
demonstrates compliance with FCC regulations. As mentioned above, once providers are
identified the applicant must provide the required documentation.
Capital Christian Wireless Communication Facility CUP-12-003 PAGE 4
2) The proposed wireless facility is located approximately 530 feet from the nearest residence
and is located on and adjacent to commercial property. With the exception of the stealth
towers, the remainder of the facility will be screened with shrubs and 6-foot solid fencing.
Additionally, a large commercial development is planned on the northwest corner of Eagle
Road and Fairview Avenue. The Commission does have the authority to limit the amount of
towers that can be constructed on the site.
3) Staff has coordinated with the Clerk's office and the noticing and the posting procedures have
been followed in accord with the UDC. The required notices were sent to the residences
within 1000 feet radius and the applicant posted the site 10 days prior to the public hearing as
evident by a notarized sign affidavit.
4) Staff has informed the applicant of the signed petitions by the adjacent neighbors. The
applicant intends on providing documentation at the public hearing to justify the location on
the church property and the need for the number of the towers in accord with the UDC.
Meridian Pathways Plan: The City's Master Pathways Path designates a 10-foot pathway along
Fairview Avenue for this property. Currently, the site has sidewalks along its Hickory frontage.
Because the primary use of the site is for religious worship and this use is not expanding with the
subject application, Staff believes the addition of the wireless communication facility does not
necessitate the need for the construction of the 10-foot pathway. Staff has coordinated with the
Parks Department and it is there opinion that a 10-foot pathway is not warranted as the proposed
use is not intensifying the use of the property.
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. Each service provider will be required to obtain CZC approval prior
to commencement of the use.
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. Since five
mechanical buildings may locate on this site, Staff recommends a condition of approval that
requires all of the proposed structures on the site be similar in design and building materials.
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 (dated: March 2012)
3. Facility Rendering
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
Capital Christian Wireless Communication Facility CUP-12-003 PAGE 5
Exhibit A.1: Vicinity & Aerial Map
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B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site plan prepared by LRK Architects (dated: February 2012) contained in Exhibit A is
approved with the following changes:
• Provide a 5-foot wide landscape buffer adjacent to the west and north boundary consistent
with the proposed landscape buffer along the south and east boundary.
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. Prior to the issuance of a CZC for any provider locating on the site, the
required engineering documentation shall be provided in accord with UDC 11-4-3-43D.
1.3 The applicant shall submit an application for certificate of zoning compliance and administrative
design review for each wireless communication provider prior to the establishment of the new
use. All future equipment buildings proposed for the site shall be designed and constructed of the
same design and building materials.
1.4 The applicant shall have a maximum of two (2) years to commence the use as permitted in accord
with the conditions of approval listed above. If the use has not begun within two (2) 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.
1.5 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 Fire Department. has no comments related to this application.
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 pathway master plan depicts a 10-foot pathway along Fairview Avenue. At this time,
the Parks Department is not requiring this pathway improvement until further
intensification occurs on the property with the expansion of the church.
Exhibit B Page ~ 1
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 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.
Staff finds that the proposed use is consistent with the Comprehensive Plan future land use
map designation of Office 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.
Exhibit C Page ~ 1
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.
Exhibit C Page ~ 2