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)
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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