Sawtooth Middle School Wireless Communication Facility CUP-12-005CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN~--
IDAHO
In the Matter of Conditional Use Permit for Sawtooth Middle School Wireless Communication
Facility, Located at 3730 N. Linder Road in the R-4 Zoning District, by Don Shiveley.
Case No(s). CUP-12-005
For the Planning & Zoning Commission Hearing Date of: July 19, 2012 (Findings on August 2,
2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 19, 2012, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 19, 2012, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 19, 2012,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 19, 2012, 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 (I.C. §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 April 19, 2011, Resolution No. 11-784 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-12-005
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of July 19, 2012, 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 July 19, 2012, 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 may be 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 may be 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 July 19, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-005
Page 2
By action of the Planning & Zoning Commission at its regular meeting held on the off- ~ day of
201.2.
COMMISSIONER SCOTT FREEMAN, CHAIRMAN
COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN
COMMISSIONER MICHAEL ROHM
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL
Attest:
Jaycee olman, City Clerk
VOTED_ ~~~~,
VOTED
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VOTED__~ '~~
VOTED__ L~e ~
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
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City Clerk's ice ~./ y ~ E IDIAN
IDAHO
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-I2-005
Page 3
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
July 19, 2012
Planning & Zoning Commission
E IDIAN~--
1DAHC?
SUBJECT:
Bill Parsons, Associate City Planner
208-884-5533
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. The Meridian Planning and Zoning
Commission heard this item on July 19, 2012. At the public hearing, the Commission moved to
approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Don Shiveley
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Applicant in agreement with the staff report.
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. None
c. Kev Commission Changes to Staff Recommendation:
i. Commission modified condition 1.1.1 bullet #2 to add language to seek
alternative compliance for waiver of the 5-foot wide landscape buffer along the
perimeter of the facility.
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.) Ifurther 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.)
Sawtooth Middle School Wireless Communication Facility CUP-12-005 PAGE 1
EXHIBIT A
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
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:
Sawtooth Middle School Wireless Communication Facility CUP-12-005 PAGE 2
EXHIBIT A
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.
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 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 offacilities 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
Sawtooth Middle School Wireless Communication Facility CUP-12-005 PAGE 3
EXHIBIT A
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.
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
Sawtooth Middle School Wireless Communication Facility CUP-12-005 PAGE 4
EXHIBIT A
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 5
EXHIBIT A
Exhibit A.l :Vicinity & Aerial Map
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Exhibit A Page ~ 3
EXHIBIT A
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 or seek alternative compliance in accord with UDC 11-SB-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 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.
Exhibit B Page ~ 1
EXHIBIT A
C. Required Findings from Unified Development Code
1. Conditional Use Permit (ITDC 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. 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.
The Commission 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.
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. The
Commission relied upon all 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.
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.
Exhibit C Page ~ 1
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.
Exhibit C Page ~ 2