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HomeMy WebLinkAbout004.14.15City of Chubbuck Land Use and Development Commission Meeting Minutes April 14, 2015 - 7:00 p.m. Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall, 5160 Yellowstone on April 14, 2015. Vice-chairman Jason Mendenhall: Commission Members: Mike Schwartz, Dan Stoddard, Jay Buttars, Morris Kinghorn, Russ Armstrong, Ron Horner City Staff: Steve Smart, Rodney Burch, Paul Andrus, Sean Harris Attorney: Tom Holmes Secretary: Ranelle Simmons Vice-chairman Mendenhall called the meeting to order at 7:00 pm. Horner led the commission in the Pledge of Allegiance. At their regular City Council meeting on April 1, 2015 Mayor England appointed Mike Schwartz to finish Rodney Burch's term for seat 1 ending May 31, 2017. Mayor also appointed Russ Armstrong to replace Jim Eborn for seat 5. He will finish Jim's term ending May 31, 2015 and continue the term until May 31, 2019 for the Land Use Commission Board. City Council approved. Mendenhall welcomed the new board members to the commission. APPROVAL OF THE MINUTES: Mendenhall entertained a motion to approve the minutes as delivered. Buttars moved the minutes of March 3, 2015 meeting be approved as delivered; Kinghorn seconded. The full authority approved. NOTICE OF PUBLIC HEARING: 1. An application by Miller Properties LLC, 6034 Fruitwood Lane, Pocatello, ID 83201 for Sunset West Division 8 Preliminary Plat. Located in Northwest Y4. Southeast Y4, of Section 5, Township 6 South, Range 34 East of the Boise Meridian in the County of Bannock. The subdivision will be North of Angela Street and West of Philbin Road. This application was tabled at the March 3, 2015 Land Use meeting. Brady Smith, 2043 East Center Street, Pocatello, ID 83201 from Rocky Mountain Engineering was here to represent the application. This will be a 3 lot subdivision. In order to have more streets in this area additional water, sewer and irrigation ties to the north will be added. No questions from Commission. No further information from city staff. Mendenhall opened the Public Hearing. Deloy Stuart, 770 East Chubbuck Road is the Executive Director of the Building Contractors Association of Southeast Idaho. There is a concern with the lack of building lots in Chubbuck and Pocatello. Strongly in favor of this subdivision because builders are having a hard time finding lots to build on. There is definitely a need for more lots in Chubbuck. Public Hearing closed and brought back to the Commission for questions or discussion. This is a recommendation to the City Council. Armstrong asked why not more lots. Smith stated there will be future development. Mendenhall entertained a motion. Stoddard made a recommendation to approve the application by Miller Properties LLC, 6034 Fruitwood Lane, Pocatello, ID 83201 for Sunset West Division 8 Preliminary Plat. Located in Northwest % Southeast''/ of Section 5, Township 6 South, Range 34 East of the Boise J:\Planning\LUDO\LAND USE SECRETARY\Minutes\Minutes 2015\004.14.15.docx Meridian in the County of Bannock. The subdivision will be North of Angela Street and West of Philbin Road. Buttars seconded. Roll Call Vote: Stoddard, Yes; Buttars, Yes; Kinghorn, Yes; Armstrong, Yes; Horner, Yes; Schwartz, Yes; Mendenhall, Yes. Motion carries. The application will be on May 6 City Council agenda. 2. An application by Paul Johnson, Rockwell Development, Inc., 3539 Briar Creek Lane, Ammon, ID 83406 requesting a change in Land Use District for 12.05 acres to Single Family Residential (R-1) upon requested annexation. Located North of West Chubbuck Road between Lamar Road and Brookstone Street, south and west of Cobblestone Avenue. Kurt Rowland, Eagle Rock Engineering, 1331 Fremont Ave., Idaho Falls, Idaho 83402 is in attendance representing Paul Johnson. Paul is requesting approval of a change in Land Use District to R-1 residential. The 12.05 acres is South of Division 5. City staff has no additional information. Public Hearing was opened. Nicki Taysom, no address given. She is opposed to the annexation because of the tax changes that will take place. No additional comments. Mendenhall closed the public hearing and brought the meeting back to the commission for discussion or questions. This is a recommendation to the City Council. Buttars made the recommendation to accept the application by Paul Johnson, Rockwell Development, Inc., 3539 Briar Creek Lane, Ammon, ID 83406 requesting a change in Land Use District for 12.05 acres to Single Family Residential (R-1) upon requested annexation. Located North of West Chubbuck Road between Lamar Road and Brookstone Street, south and west of Cobblestone Avenue. Horner seconded. Roll Call Vote: Stoddard, Yes; Buttars, Yes; Kinghorn, Yes; Armstrong, abstained; Horner, Yes; Schwartz, Yes; Mendenhall, Yes. Motion carries. The Notice of Public Hearing will need to be republished before the application goes to City Council. 3. An application by Rockwell Development, Inc., 3539 Briar Creek Lane, Ammon, ID 83406 for Brookstone Estates Divisions 5 & 6 Preliminary Plat. Located Southeast X of Section 5, Township 6 South, Range 34 East of the Boise Meridian in the County of Bannock. The subdivisions will be North of West Chubbuck Road between Philbin Road and Rio Vista Road. Kurt Rowland, Eagle Rock Engineering, 1331 Fremont Ave., Idaho Falls, Idaho 83402 is in attendance representing Paul Johnson. Rockwell Development is requesting approval on 2 more divisions in the Brookstone Estates Subdivisions. There are 36 lots in the next 2 divisions. The lots will be serviced by city sewer and water. Mendenhall asked if commission had any questions. Armstrong asked if the pile of rocks would be cleaned up. Rowland, Yes. No comment from city staff. Mendenhall opened the Public Hearing. Nicki Taysom, address not given. Lots need to be at least %2 acre. No additional comments. Mendenhall closed the public hearing and brought the meeting back to the commission for discussion or questions. Mendenhall asked the size of the lots. Rowland, the lots are just under ''/< of an acre. Stoddard ask for clarification that this area is zoned R-1. Mendenhall entertained a motion. Kinghorn made the recommendation to approve the application by Rockwell Development, Inc., 3539 Briar Creek Lane, Ammon, ID 83406 for Brookstone Estates Divisions 5 & 6 Preliminary Plat. Located Southeast % of Section 5, Township 6 South, Range 34 East of the Boise 1:\P1ann1n9\LUDC\LAND USE SECRETARY\Minutes\Minutes 2015\004.14.15.docx Meridian in the County of Bannock. The subdivisions will be North of West Chubbuck Road between Philbin Road and Rio Vista Road. Schwartz seconded. Roll Call Vote: Stoddard, Yes; Buttars, Yes; Kinghorn, Yes; Armstrong, Yes; Horner, Yes; Schwartz, Yes; Mendenhall, Yes. Motion carries. The Notice of Public Hearing will need to be republished before the application goes to City Council. 4. An application by Sozdavat, LLC./Tanabell Health Services, 3022 Shelly Place, Pocatello, ID 83201 for Change in Land Use District from Industrial (1) to General Commercial (C-2). Located lot 1, block 1, Tanabell Subdivision, the 4800 block on Clover Dell Road. Troy Bell with Sozdavat, LLC./Tanabell Health Services, 3022 Shelley Place Pocatello, ID 83201. Applicant is requesting a change in the Land Use District from industrial to commercial in the 4800 block of Clover Dell Road. They currently have an office in Chubbuck on Burnside Avenue. The company is expanding and looking forward to putting in a corporate office and corporate wellness center for employees. No questions from commission. No comment from city staff. Mendenhall opened the Public Hearing. Holmes commented that the zoning is being changed from industrial to commercial because commercial fits better with how the area is being developed. Deloy Stuart, lives at 767 Monica Court, Chubbuck ID 83202. Stuart has been involved with Hoopes Academy that is adjacent to the new Tanabell building. This is a great use of the property and project. The lot is a unique shaped and they have found a good use for it. No additional comments. Mendenhall closed the public hearing and brought the meeting back to the commission for discussion or questions. No comment from city staff. Mendenhall entertained a motion. Buttars made the recommendation to approve the application by Sozdavat, LLC./Tanabell Health Services, 3022 Shelly Place, Pocatello, ID 83201 for Change in Land Use District from Industrial (1) to General Commercial (C-2). Located lot 1, block 1, Tanabell Subdivision, the 4800 block on Clover Dell Road. Kinghorn seconded. Roll Call Vote: Stoddard, Yes; Buttars, Yes; Kinghorn, Yes; Armstrong, Yes; Horner, Yes; Schwartz, Yes; Mendenhall, Yes. Motion carries. The Notice of Public Hearing will need to be republished before the application goes to City Council. 5. An application by T -Mobile 121 West Electron Road Suite 330, Draper UT 84020, for a Conditional Use Permit for construction of an 80' wireless facility at Stuart Park, 5161 Stuart Avenue, Chubbuck ID 83202. Rocky Schutjer, 2181 Hugo Avenue Salt Lake City, UT is in attendance representing the T- Mobile application. Schutjer had a power point presentation for the commission. There are no T -Mobile cell towers in Chubbuck so coverage is coming from the tower at the fairgrounds. T -Mobile's objective is to supply "in" building coverage 4G for Chubbuck residents. 80 foot monopole in the NW corner of Stuart Park is the proposed height and location. A proposed 2 room shelter would house the equipment, transmitters and generators with a chained link fence enclosing the building. 41% of homes only have cell phones with no land lines. There were questions from the commission. Why can't the 300' tower be used? Schutjer: From a cost standpoint it would be easier but from a technology and coverage stand point the best is to be in the middle of the dead spot. Is a shelter with a fence necessary at every tower? J:\Planning\UUDC\LAND USE SECRETARY\Minutes\Minutes 2015\004.14.15.doa Schutjer: No. A shelter is costly but T -Mobile has chosen to propose a shelter for this location. The city ordinance requires a fence. Any comment on the 3rd party review? Schutjer: The review substantiates especially from a technical stand point why T -Mobile can't use the existing sites. T -Mobile is requesting a waiver from the set back because of the canal to the west and this is the most out of the way of the uses in the park. In regards to landscaping there are already a number of trees to the east of the proposed space. T -Mobile will be happy to comply with any landscaping the city requires. "Is breakpoint technology" a feasible option? Schutjer: What some jurisdictions have done has caught on to this idea of "breakpoint technology' if in the event a tower fails the tower is engineered that at a specific point it will fold. Does the cable run inside the pole? Schutjer: Yes, nothing would be on the exterior of the pole except for the antennas. Clarification with Marking and Lighting Requirements, in the lease agreement was discussed. Holmes stated it is requiring the city as the landlord to do something that is not going to be applicable to this tower and so the city asked T -Mobile to put the last sentence in to make it clear that they own the tower not the city and they are only leasing the site. When you are dealing with a large company it is sometimes simpler to add for clarification rather than remove. One of the reasons the last application was rejected was there was not a binding lease with the School District. Upon T -Mobile's request the city did enter into a lease but made it clear in the lease that it is still subject to final approval by Land Use and any final appeals. Mendenhall opened the Public hearing. Mendenhall read a letter of opposition dated April 5, 2015 from Gerald, Judy, Shawn and Tracy Sparks. List of participants at the Public Hearing: Ila June Farnes 558 Canal Street Terry Cox 365 Stuart Avenue Brady Johnson 4642 Targhee Place Nicki Taysom, address unknown Bonnie Liston 5126 Stuart Avenue Josh Stuart 4964 Sunflower Avenue Judy Nelson 5138 Stuart Avenue Dave McAteer 5023 Joy Street Carey Miner 445 Mindy Lane Bob McAteer 4852 Easy Street Julie Carling 5162 Stuart Avenue Katie Johnston 534 Canal Street Evelyn Stanger 437 Stuart Street Scott Farnes 558 Canal Street Collette Stosich 5146 Henry Street Lindsay Perry 5409 Sunflower Avenue Thomas Higley 5340 Stuart Avenue Rebecca Berls 964 Margaret Street Amy Johnson 4642 Targhee Place Steven Stosich 5146 Henry Avenue Ruth Johnson address unknown Dave Sorenson 5270 Stuart Avenue Janiel Carter 203 James Avenue Earline Porter 413 Stuart Avenue 1:\P1ann1ng\LUDC\LAND USE SECRETARY\Minutes\Minutes 2015\004.14.15.docx Dallin Farnes 558 Canal Street Concerns that were voiced: • Property value • Keep Stuart Park a park • Health hazards • Neighboring 300'towershould be used • Use other nearby fields • T -Mobile coverage is great—another tower is not needed • Concerned about kids health and safety • T -Mobile should buy their own lot • Keep commercial out of the parks • Setting a precedence for other applications • Wording in the lease modified No additional comments. Mendenhall closed the public hearing and brought the meeting back to the commission for discussion or questions. Were there restrictive covenants that were reviewed? Holmes explained there are no restrictions. The third party review did not discuss any of the other sites. The choice of Stuart Park byT-Mobile is in compliance with the city ordinance. The third party study showed Stuart Park does meet the criteria under the city ordinance. This is not setting precedence for commercial uses in public parks. Schutjer was asked to clarify noise and lights. Schutjer: Generator inside the building will be exercised weekly with noise for approx. 10 minutes a week. FAA and FCC report would specify if lights are needed most often regarding aviation patterns. Do not anticipate this structure will require lights. Has there been any other location that is a possibility? Schutjer: The objective and need is in a residential area where the tower will supply the best coverage. T - Mobile's intent is to not compromise or interfere with the park's use. Set -backs and landscaping requirements were discussed. Schutjer: The tower will be put close to the property line so a set -back variance will be requested. T - Mobile will comply with what the city requests for landscaping. Clarification on the lease agreement was discussed. Schutjer: T -Mobile owns the structure allowing them to receive additional revenue from tenants. Colocation applicants would be required to meet with the city and would lease the ground location for their equipment. What is the financial part of the lease? Holmes stated the city's focus is not the financial aspect but it is essentially the same as School District 25. Is there a legal reason why the city should be giving this proposal consideration? Holmes explained that the Telecommunication Act of 1996 which is a federal law basically encourages telecommunication towers. The city can regulate but cannot deny the extension of services and you can't deny competition and favor one provider over another. If we said no cell towers in residential area period we would have a serious problem in dealing with the federal law because they would be over turned on appeal. T - Mobile has come to the city with possible sites, Chubbuck Elementary, Stuart Park, possibly the LDS church and possibly the library. Dan Colvin 39 Willow Avenue is a Technician for T -Mobile. Other T -Mobile towers are to the north Moreland/Blackfoot, and then Howard Mountain, and East Butte. 1:\P1anning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2015\004.14.15.docx Mendenhall entertained a motion for approval or denial. Stoddard made the recommendation for approval of the Conditional Use Permit as presented by T - Mobile for the 80' wireless facility with the following condition: • The City is willing to accept the waiver of the set- back requirement as outlined in their application • City code must be followed in terms of screening and facility construction of the enclosure • Require Historical Documentation results • As per suggestion in the 3rd party review the emergency power generator should only be tested between the hours of 9:00 am to 4:00 pm, Monday through Friday and the noise level of the generator should not exceed 65 decimals • The tower owner shall certify that any colocations feed lines will be enclosed inside the tower Kinghorn seconded. Roll Call Vote: Stoddard, Yes; Buttars, Yes; Kinghorn, Yes; Armstrong, No; Horner, Yes; Schwartz, No; Mendenhall, Yes. Motion carries. This recommendation can be appealed in the next 25 days. GENERAL BUSINESS Discuss changes to Comprehensive Plan Commissioners had reviewed Chapter 6: The Community Design Element "Not connected" and "connected" neighborhoods were discussed. Lariat Lane is an example of a "not connected" neighborhood. Emergency vehicles need to be able to access the neighborhoods. Board members did not have any changes or additions to this chapter. Mendenhall entertained a motion to adjourn; Kinghorn made the motion. Horner seconded. All voted to adjourn at 9:40 pm. fiason Mendenhall, Vice -Chairman R elle Simmons, Secretary J:\Planning\LDDC\LAND USE SECRETARY\Minutes\Minutes 2015\004.14.15.docx