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Staff ReportChanges to Agenda: None Item #4A: Sawtooth Middle School Wireless Communication Facility (CUP-12.006) Size of property, existing zoning, and location: This site consists of a total of 39+/- acres of land currently zoned R-4, and is located at 3730 N. Linder Road. Adjacent Land Use & Zoning: North: Open field, Baldwin Park Subdivision, zoned L-0 and R-8 West: Watersong Estates Subdivision, zoned R-8 South: County residences, zoned RUT in Ada County East: Sienna Creek Subdivision, zoned R-8 Summary of Request: The applicant requests conditional use permit (CUP) approval of a wireless communication facility in an R-4 zoning district on the Sawtooth Middle School property. The applicant proposes to construct the new facility to replace an existing facility that will be decommissioned approximately a mile southwest of the subject property. The applicant proposes to place the communication equipment at the top of a new 125 foot pole and construct a 12' x 20' equipment shelter 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. The applicant has made provisions for two (2) other service providers to collocate. However, the required engineering documentation has not been provided with the subject application. The project has been conditioned to comply with all specific use standards in accord with UDC 11-4-3-43. Comprehensive Plan Designation/Compliance wlComp Plan? Civic -The proposed wireless communication facility is an accepted use in the civic designation as an accessory use to the school. Written Testimony: Don Shiveley. The applicant is requesting a modification to condition of approval 1.1.1, bullet #2. Staff has provided the added language below. Staff Recommendation: Approval per the conditions in the staff report with the addition of the following: • Modify #1.1.1, bullet 2 -Add or seek alternative compliance in accord with UDC -11-56-5. Notes: STAFF REPORT Hearing Date: TO: FROM: SUBJECT: July 19, 2012 Planning & Zoning Commission Bill Parsons, Associate City Planner 208-884-5533 E IDIAN~-- lDAHO CUP-12-005 - Sawtooth Middle School Wireless Communication Facility I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Don Shiveley, has applied for conditional use permit (CUP) approval to operate a wireless communication facility in an R-4 zoning district on the grounds of Sawtooth Middle School. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-12- 005 as presented in the staff report for the hearing date of July 19, 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 August 2, 2012. Denial After considering all staff, applicant and public testimony, I move to deny CUP-12-005 as presented during the hearing on July 19, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-12-005 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: 3730 N. Linder Road (Parcel No. 50436325411) Located in the northwest'/4 of the southwest'/4 of Section 36, Township 4 North, Range 1 West B. Owner(s): Meridian Joint School District No. 2 2301 E. Lanark Street Meridian, ID 83642 Sawtooth Middle School Wireless Communication Facility CUP-12-005 PAGE 1 C. Applicant/Representative: Don Shiveley, General Dynamics 960 W. Levoy Drive, Suite #250 Salt Lake City, UT 84123 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: July 2, and 16, 2012 C. Radius notices mailed to properties within 1,000 feet on: June 29, 2012 D. Applicant posted notice on site by: July 9, 2012 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 middle school. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This is a school site that is surrounded by residential properties. North: Open field, Baldwin Park Subdivision, zoned L-O and R-8 West: Watersong Estates Subdivision, zoned R-8 South: County residences, zoned RUT in Ada County East: Sienna Creek Subdivision, zoned R-8 C. History of Previous Actions: • In 2002, a certificate of zoning compliance (CZC-02-052) was approved for the construction of the middle school. 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: A portion of the Nourse Lateral transverses along the northern boundary. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property is not within the floodplain. Sawtooth Middle School Wireless Communication Facility CUP-12-005 PAGE 2 VIL COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Civic" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 34), the following standards apply to Civic areas: These areas are designated to preserve and protect existing and planned municipal, state and federal lands for area residents and visitors. The proposed wireless communication facility is an accepted use in the civic designation as an accessory use to the school. 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 subject property is surrounded by residential subdivisions. The proposed facility will be located behind the school and is located approximately 600 feet from the nearest residence to the east. The other residences in the area have a greater setback from the facility. The school district supports these types of facilities and several of the Districts properties have communications facilities constructed on them. Because the proposed facility is located behind the main structure and is setback a large distance from the adjacent residences, staff is of the opinion said facility is compatible with the adjacent land uses. Additionally, the proposed wireless facility is not changing the primary use of the property and will not generate excessive levels of noise, odors or traffic. • Provide facilities and services that keep up with growth (Chapter 3, pg. 45). The addition of the proposed wireless communication facility will allow A T &T to provide better service coverage in this area and replace an existing facility that will be coming offline because the lease is not being renewed. This facility is located less than a mile southwest of the proposed facility. The proposed tower will also allow for collocation for two (2) other service providers in the area thereby reducing the potential for expansion of other cellular facilities in the area. 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 11-2A-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-3 for the R-4 zoning district apply to this site. (Note: The maximum height limitations do not apply to wireless communication facilities per UDC 11-2B-3A.3b.) IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests conditional use permit (CUP) approval of a wireless communication facility in an R-4 zoning district on the Sawtooth Middle School property. The applicant proposes to construct the new facility to replace an existing facility that will be decommissioned approximately a mile southwest of the subject property. Sawtooth Middle School Wireless Communication Facility CUP-12-005 PAGE 3 The applicant proposes to place the communication equipment at the top of a new 125 foot pole and construct a 12' x 20' equipment shelter 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. 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 applicant must comply with this requirement as set forth in UDC 11-4-3-43F.5. Specific Use Standards (UDC 11-4-3-43): The UDC contains specific use standards for wireless communication facilities. The applicant's narrative provides justification for the new facility. Additionally, the applicant has also made provisions for two (2) other service providers to collocate (see exhibit A.2). However, the required engineering documentation has not been provided with the subject application. Per the specific use standards, any wireless provider that locates within the lease area must provide documentation from a licensed engineer in accord with UDC 11-4-3-43D. The City updated the wireless communication use standards after the submittal of this application. Because this application was processed before the new ordinance went into effect, staff has evaluated the application under the previous requirements of the wireless communication ordinance. This CUP will only cover the approval of the AT&T communication facility improvements. Any new service providers that may collocate on this site must comply with the ordinance in effect at the time of application submittal. 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 and comply with all wireless communication specific use standards outlined in the UDC. Design Review: The applicant is also 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 (dated: 06/07/12) 3. Elevations (dated: 06/07/12) 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 Sawtooth Middle School Wireless Communication Facility CUP-12-005 PAGE 4 Exhibit A.l: Vicinity & Aerial Map Prhibit A Page 1 Exhibit A.2: Site Plan (dated: 06/07/12) t. ~ ~ IqW G1F~ aNK N R AMm r ~ l ~._'_' '_.~-~---.`... 'l. j r iI`fwryzPd ~~p I/~p~.m~asu~a~ t I !~ c6M im~t Cmwkw~l~. 1nC. ~ ~~~ ,~ .~ b O~GI ~~ 1~.w' ~ MM ~M1p • Mh! 11Y~~w GAON GAM j R AIMItO K G NP GGC ~ 1p~y ~-wvs i~~.w pia GnoG 'q C01o00 OEDr• 100E d 11AYi- I -- i ~ ! i .G..1 ~,~ 9 ..11.a ~ ro1w wo ,r.G.,~. 1 <•. „_ ~ o ': J BOIS~U1049 --- ---J r1 ~. G~{wo~-1Q- ~w~w w~oc~re ~i1A pMOC_.... ~' i n1 m ixa eniaGG t a ~ ~ru11°~`eaG~p10r ~ v :Gr. m •~ .sur 1ow~aG ~ . +m ~ a u+•.-•-. I 1GZ •101 w1G. n1s I LILAIMm YRE RM \ %%jj~~ AI! //~~ •~ao [KAAOf90111a1ON G xa(.~.jGr MAN ENLApOED gMENfgN -WI _- ~ ..1 ! ENLARfiED lITE /LAN G°W' Y Exhibit A Page ~ 2 Exhibit A3: Elevations (dated: 06/07/12) YYEE~ ELEVA71DF1 NI ww r .~~ew ca~wec w kr~ _.n wn e~u3rwlc~ -- newc~ rnM~iw vv ge.'~a'«m '~""' uwwow ~. w ~ a,~,~. .s. sr i:•a . ~a ~w ca eana eec.o EAi4 EtlVATpN at3t r..~,~~..... `::3~.:...~..~. ~r Ate. Cwo~00Nb, Jn~- C'?~CJ ~,~;,,. iuw u~¢ BOISWU7043 ~rouM ~eoeAre ~.. w u~o'w~Q~On wea aavAna~ nc-- Z-2 iU~t ~wr.. wr a nwx. r +n~as, trn~. G~ r~~ A~r~ w'w~- 601SU)U104S McErouw waocAre .. ..':: tAtt M~ATION ~~ Z-3 Exhibit A Page ~ 3 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site plan prepared by CHJ Design (dated: June 7, 2012) contained in Exhibit A is approved with the following changes: • Provide a site plan that depicts the exact location of the facility on the school district property. • Provide a 5-foot wide landscape buffer along the perimeter of the proposed facility. Fifty percent of the plant material shall be of the evergreen variety in accord with UDC 11-4-3- 43F.5. 1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-43 for wireless communication facilities. This CUP only covers the approval of the AT&T communication facility improvements which is subject to the previous ordinance requirements. Any new service providers that may collocate on this site must comply with the wireless communication facility ordinance in effect at the time of application submittal. 1.3 Prior to the issuance of a CZC, the applicant must submit the required engineering documentation in accord with UDC 11-4-3-43D. 1.4 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. 1.5 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. 1.6 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 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. REPUBLIC SERVICES 5.1 Republic Services 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. Exhibit B Page ~ I 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. The maximum height limitations do not apply to wireless communication facility (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 since 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