The URL can be used to link to this page

Home My WebLink About01 12 2021CHUBBUCK ]oaH0 City of Chubbuck Land Use and Development Commission Regular Meeting January 12, 2021 7:00 I'M City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 This meeting will be available to the public electronically or by phone. In-person attendance is allowed, but strict social distancing measures are in place. Attending via Zoom or phone is highly recommended and requested. Attendance is EXTREMELY limited in accordance with Governor Little's Modified Stage 2 order. MASKS/FACE COVERINGS ARE RECOMMENDED. Web -conference (no webcam is necessary to participate): htt s: us02web.zoom.us 3388281518? wd=dzQwak4zLzM2VDVHVOZuemkzVkx5UT09 Telephone: Dial by your location +1669 900 6833 US +1253 215 8782 US Meeting ID: 338 828 1518 Passcode: 823880 General information on joining a Zoom meeting can be found at https://support.zoom.us/hc/en- us/articles/201362193-Joining-a-Meeting. AGENDA CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST II. APPROVAL OF MINUTES for November 10, 2020 (action item) III. GENERAL BUSINESS An application for a preliminary plat for the Bear River Storage Subdivision. Applicant proposes to subdivide 3.958 acres into 1 commercial lot. Property is in the NW '/ of Section 9, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at SW corner of W. Chubbuck Rd. and Hiram Ave., Chubbuck, Idaho. Current zoning designation on the property places it in the Limited Commercial (C-1) land use district. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. Application will be evaluated against standards found in municipal code section 17.12.100. Type of Action. Recoinrnendation. (Action Item) 2. The Commission may review proposed city code text amendments by City Staff and provide input on the following section of draft code: Chapter 18.13 Wireless Telecommunications Facilities. Type of Action: Discussion. {Action Item} IV. ADJOURN City Hall and the City Council Chambers are accessible for persons with disabilities. Any person needing special accommodations to participate in the meeting should contact the City offices at 208.237.2430 at least 24 hours prior to the meeting. lae--- \ CHUBBUCI( 1 0 0 H 0 City of Chubbuck Land Use and Development Commission Regular Meeting November 10, 2020 7:00 PM City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 MINUTES Board Members Present: Chair Jason Mendenhall, Mike Schwartz, Vice -Chair Dan Stoddard, Rebecca Berls, Thais Ayre, Carrie Holm, Brady Smith, Brandon Jackson and TJ Budge. Staff Members Present: City Attorney Tom Holmes, Planning Manager Don Matson, Development Manager Sean Harris, Associate Planner Paul Andrus, Program Administrator Kami Morrison. Mendenhall called the meeting to order at 7:00pm Mendenhall asked if any commissioners had a conflict of interest within the items before the board. Smith recused himself from General Business item 1 and Public Hearing item 1. APPROVAL OF THE MINUTES: October 13, 2020 Mendenhall entertained a motion to approve the minutes as emailed. Ayre moved to accept the meeting minutes of October 13, 2020 as written; Holm seconded. The full authority approved. PUBLIC HEARING An application for annexation of approximately 3.32 acres of land into the City of Chubbuck and to include the property in the Limited Residential (R-2) Zone. The Comprehensive Plan Future Land Use map designates this area for Mixed Use and Medium Density Residential development. The subject property is in the SW % of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Idaho. The affected parcel, 83853005606, is generally located on the north side of Angela Street between Philbin Road and Hiram Avenue. Type of Action: Recommendation. (Action Item) Brady Smith, RMES, representing the applicant. Smith stated that they are at the point in the Bilyeu Estates development that annexation needed to take place. This phase will be the final connection piece. They will implement this piece of property as the overall project boundary on the preliminary plat to follow. Property has existing infrastructure from other phases that will be available. They have no problems with staff's conditions of annexation and believe it meets the intent of the ordinance. Matson stated the staff report is complete and there are no issues with the property. Discussion regarding the plat is business item #1. Mendenhall opened the Public Hearing. No testimony. Mendenhall closed the Public Hearing brining the meeting back to the Commission. Ayre moved that having reviewed the petition materials, staff report and testimony, moved to recommend approval of approve annexation and zoning request as described in application materials. Budge seconded. With all commission members understanding the motion they voted. Roll Call Vote: Brandon Jackson, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; TJ Budge, Yes; Thais Ayre, Yes; Carrie Holm, Yes; Jason Mendenhall, Yes. Motion carried. 2. A proposal by city staff to revise an existing chapter of City Code, 18.06 Land Use Definitions, setting forth new definitions for accessory dwellings, awnings, canopies, condominiums, Z lots, pedestrian ways, residential structures (townhouses, twin homes, patio homes), and various sign types; to revise definitions for planned unit developments, residential structures (single household dwelling, duplex, apartment building), signs, and zero lot line residences (attached and detached); to rename adult businesses as sexually oriented businesses to be consistent with Chapter 5 of City Code; to add illustrations for Z lots and detached zero lot line residences; to delete the definition of residential rental dwelling; to amend Section 18.08.040 Schedule of General Controls, Residential Dwellings, with consistent terminology for accessory dwellings and zero lot line residences (abutting or detached); and to amend the definition of condominiums in Section 16.08.04 and Section 17.08.04 of City Code to be consistent with the terminology proposed in Chapter 1.8.06. Type of Action: Recommendation. (Action Item) Matson explained they received two building permit applications for ADU's in the same week and received questions back from both homeowners so realized they needed to define the code a little further. One of which was defining what an ADU is. The definition states an ADU must include a kitchen, sleeping area and bathroom, proposing to add that type of definition into chapter. Also states an ADU is clearly subsidiary to the main residence. Includes secure entrance, kitchen, bathroom, etc. and defines kitchen requirements. They plan to take revisions to Council for adoption next month. Berls asked about the wording in the townhome section. Apartments, complexes, duplexes and twin homes. Matson offered clarification of those. Berls suggested not referencing the other as it makes them sound synonymous "see also' language. Berls requested to mark sexually oriented business as not permitted. Matson explained it is required by law that every city allows them somewhere. Mendenhall opened the public hearing. No testimony. Mendenhall closed the public hearing brining the meeting back to the Commission, Mendenhall commended City Staff on revisions. Mendenhall entertained a motion. Berls motioned to approve recommend changes to City Council with the exception of 18.06.260B Duplex to remove "see also twin home" as well as 18.06.260F to remove "see also duplex and zero lot line residence." Ayre seconded. With all commission members understanding the motion they voted. Roll Call Vote: Brandon Jackson, Yes; Carrie Holm, Yes; TJ Budge, Yes; Brady Smith, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Thais Ayre, Yes; Jason Mendenhall, Yes. Motion carried. GENERAL BUSINESS 1. An application for a preliminary plat for the Bilyeu Estates Subdivision, Division 7. Applicant proposes to subdivide 6.9 acres into 17 residential lots. Property is in the SW % of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located on Angela Street between Philbin Road and Hiram Avenue, Chubbuck, Idaho. Current zoning designation on the property places it partly in the Limited Residential (R-2) land use district, with the remainder in the Bannock County Agriculture zone. The remainder is under application for annexation and placement in the Limited Residential (R-2) zone. The Comprehensive Plan Future Land Use map designates this area for Mixed Use and Medium Density Residential development. Application will be evaluated against standards found in municipal code section 17.12.100. Type of Action: Recommendation. (Action Item) Brady Smith, RMES, representing the applicant. Smith stated if the annexation is approved this will be 17 single family lots with R-2 designation. Utilities exist in Philbin and in adjoining phase 5 that will be used to serve this project. It's a good addition to the overall project and will allow Angela Drive to connect through to Philbin, giving a good secondary access point to the project. They are aware of the conditions regarding the irrigation infrastructure being installed with project. They have been working with City Staff on developing the plat to show appropriate lines to Philbin to pick up and tie in, in the future with the joint ventures across Philbin. Jackson asked about the number of lots. Smith explained that the numbering conventions are a little confusing. The State clarified lot and block numbering so anytime within an existing block, even in multiple phase, they are required to pick up previous numbers. So they are starting midway in a new block with block 7 because they ended with block 6 in previous phase. Jackson asked about the piece of property between lots 8 and 9. Smith said they are proposing a sewer line there. There is also a connection on Philbin Road that was added and the developer may still use that one only. If so, they will eliminate the lot line one. Property will be shared between 8 and 9 with an easement encumbrance on both and they will make sure homeowners don't put any permanent structures there. Matson stated this is the last phase of Bilyeu Estates and a condition of approval includes that the developer makes a contribution to the irrigation pump. Stoddard made a motion to recommend approval to City Council of the preliminary plat with conditions pending annexation and secondary irrigation system to be included along with associated fees. Jackson seconded. With all commission members understanding the motion they voted. Roll Call Vote: Carrie Holm, Yes; Dan Stoddard, Yes; Brandon Jackson, Yes; TJ Budge, Yes; Thais Ayre, Yes; Rebecca Berls, Yes; Jason Mendenhall, Yes. Motion carried. 2. Discuss a Recent Survey on street furniture (planters and trash receptacles) for the future downtown development. Downtown survey was done in October. Matson reviewed survey results. Question regarding styles for downtown, one style preferred. Mendenhall asked about survey results and if the city is looking at minimal maintenance with whatever result is chosen. Matson confirmed yes, options are preferred to he as low maintenance as possible but also secure. Smith stated the feedback is good to see and he likes the idea of giving citizen's the chance to have some input. Matson will be giving providing survey results on the Mayor's blog around Thanksgiving and will post a link for that video. Mendenhall entertained a motion to adjourn; Jackson made the motion. Stoddard seconded. All voted to adjourn at 7:44pm. Jason Mendenhall, Chairperson Kami Morrison, Program Administrator This meeting was available to the public electronically and by phone. In-person attendance was allowed, but strict social distancing measures were in place. Via Zoom Teleconferencing: Meeting ID: 816 8349 7598 /a 0�t\ CHUBBUCK I o A H o Community Services Department Development Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us BEAR RIVER STORAGE PRELIMINARY PLAT REQUEST - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON JANUARY 12, 2021 STAFF FINDINGS SUMMARIZED After reviewing the proposed Bear River Storage preliminary plat, Staff finds that it appears to meet the code requirements with the following comments: • Secondary irrigation facilities will be required to be designed and constructed in accordance with section 16.12.230 of city code. • Preliminary Plat recommendations are conditional upon City Council approval of the plat. FACTS REQUEST: The applicant proposes a 1 lot Preliminary Plat for 1 commercial building lot in the Bear River Storage subdivision. It includes widening W. Chubbuck Rd. and constructing Hiram Ave. along the property frontages. (see Exhibits 1 and 2). BACKGROUND: This is the 1s1 division of the Bear River Storage subdivision. TYPE OF COMMISSION ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the standards for approval). Recommendation/approval of this preliminary plat shall be whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. OWNER / APPLICANT: Menlove Construction 4243 W. Nike Dr. Suite C West Jordan, UT 84088 PROFESSIONAL SERVICES: McNeil Engineering 8610 Sandy Pkwy. Suite 200 Sandy, UT 84070 LOCATION: NW 1/4 of Section 9, Township 6 South, Range 34 East, of the Boise Meridian, on the south side of W. Chubbuck Road west of Park Meadows Subdivision 61h Addition. Generally located at the SW corner of W. Chubbuck Rd. and Hiram Ave. intersection. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Commercial (C-1) CURRENT LAND USE: Farm and pasture PROJECT SIZE: ±3.958 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None RECENT TRAFFIC COUNTS: 2014: W Chubbuck Rd at Hiram Ave, 4824/day 2016: W Chubbuck Rd at Hiram Ave, 5563/day 2018: W Chubbuck Rd at Hiram Ave, 6350/day SURROUNDING LAND USES AND ZONING NORTH: Developing single family homes subdivision; Limited Residential (R-2) zone EAST: Single family homes subdivision; Planned Unit Development (PUD) zone SOUTH: Vacant, farm; Single Family Residential (R-1) zone WEST: Vacant, farm; Limited Commercial (C-1) zone SERVICES: ACCESS STREET: Current access to site via W. Chubbuck Road to the north and future Hiram Ave. to the east. FIRE/EMS PROTECTION: City of Chubbuck Fire Department SANITARY SEWER: City of Chubbuck Water Utility Department CULINARY WATER: City of Chubbuck Water Utility Department PROCEDURES: 1. In accordance with City Code 17.12.030-050 and Resolution 2020-03, a complete petition and fees for a preliminary plat were filed with the City and which contained the appropriate documents and waiver requests pursuant to 17.12.040. 2. In accordance with City Code 17.12.100, the application is scheduled to be heard at the January 12, 2021 Regular Meeting of the Land Use and Development Commission. 3. In accordance with City Code 17.12.080, notice were provided as follows: a. Notices posted on the subject property. b. Notices provided to City departments, other government agencies, and affected public utility providers. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §50-13, Plats and Vacations b. §67-6513, Subdivision Ordinance 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code a. Title 16, Land Improvement Standards b. Title 17, Land Development c. Title 18, Land Use PUBLIC COMMENTS: 1. No written comments were received as of this report. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1OAH0 STANDARDS FOR REVIEWING A PRELIMINARY PLAT 1. Is the Preliminary Plat consistent with the City of Chubbuck Comprehensive Plan? Staff has identified the following as potentially applying to this application; decision makers should evaluate the following summaries and determine if they are applicable to the proposal and if others can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim. CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The project is within City limits and the Urban Service Boundary. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use POLICY c. Take advantage of the existing investment by encouraging infill and redevelopment projects COMMENT The project neighbors existing development and is adjacent to existing facilities, but is not considered an infill parcel. GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low -intensity to higher intensity land uses POLICY a. Adhere to land use designations on the Comprehensive Plan Map COMMENT The project adheres to the land designations as shown on the Comprehensive Plan Map. POLICY b. Use a combination of zoning, performance requirements, site planning, and transportation routes to create the highest level of compatibility between adjacent uses while retaining a complementary mix of possible uses within neighborhoods and communities COMMENT Hiram Ave. will be constructed with this development and will help alleviate traffic on W. Chubbuck Rd. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.1 Increase the efficiency of functional class roads POLICY No policy was included in the Comprehensive Plan for this objective; however the City promotes efficiency and safety on collector and arterial roads by following approved design standards and access management guidelines COMMENT Hiram Ave. is designated as a collector street OBJECTIVE 5.1.2 Expand the network of functional class roads in general accordance with the functional class roads map POLICY a. Define routes for new or functional class roads with requirements for development during subdivision COMMENT Hiram Ave. is designated as a collector street OBJECTIVE 5.1.4 Encourage higher densities and site designs that support transit POLICY a. Phase public service extensions over time to protect prime agricultural land and increase development densities to a level that will support transit service COMMENT I This site is within walking distance of the PRT bus stop for Routes C, F, and I on Chubbuck Road PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1OAH0 OBJECTIVE 5.1.5 Encourage bicycle and pedestrian systems that support transit and provide an alternative means to access commercial centers, neighborhood employment centers, and public services such as schools and parks POLICY a. Continue to implement standards for sidewalks to be constructed at the time of subdivision development COMMENT This site is within walking distance of the PRT bus stop for Routes C, F, and / on Chubbuck Road. Sidewalks are included along W. Chubbuck Rd. and Hiram Ave. frontages for the parcel. OBJECTIVE 5.1.7 Provide a connected network of pedestrian -friendly streets and pathways POLICY a. Design new streets to connect with other streets, except where topography or existing development prevents a connection COMMENT Connections are provided to existing streets POLICY d. Provide mid -block pedestrian pathways where long blocks are necessary COMMENT There are no long blocks within the phase. Sidewalks connect the phase to bus routes on Chubbuck Rd. POLICY f. Provide pedestrian and vehicular connections between adjoining developments for new commercial, industrial, and institutional development, where possible COMMENT Connections are included to existing streets and sidewalks in neighboring developments POLICY g. Provide sidewalks along both sides of all public streets COMMENT Sidewalks are included along W. Chubbuck Rd. and Hiram Ave. frontages for the parcel. POLICY h. Design local streets serving residential areas as "skinny" streets to slow traffic and accommodate pedestrians and bicycles, as well as vehicles COMMENT There are no local streets associated with this development only collectors and arterials STRATEGY* a. Use streets, pedestrian ways, and connectivity development standards to ensure that streets and pedestrian ways are well connected and provide a safe environment for pedestrians COMMENT I The streets and sidewalks are connected through to neighboring developments CHAPTER 6: COMMUNITY DESIGN GOAL 6.1: INVEST IN THE IMPROVED APPEARANCE OF OUR CITY AND STIMULATE IMPROVEMENTS BY THE PUBLIC SECTOR OBJECTIVE 6.1.4 Coordinate private improvements with public investments POLICY d. Apply for Transportation Efficiency Act enhancement and congestion mitigation and air quality funds for state and federal highways to improve the appearance of Yellowstone Avenue and Interstate exchange and create a bicycle/pedestrian path system linked to the transit system COMMENT The parcel is within walking distance of the PRT bus stop for Routes C, F, and / on Chubbuck Road. Sidewalks are included along W. Chubbuck Rd. and Hiram Ave. frontages for the parcel. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT The site is within the USB GOAL 7.5. MANAGE STORMWATER RUN-OFF TO REDUCE SOIL EROSION AND FLOODING OBJECTIVE 7.5.1 Develop and keep up-to-date, a cost-effective and environmentally sensitive stormwater facility master plan POLICY a. Encourage new development to retain stormwater runoff on-site PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck. us 1 0 A 11 0 COMMENT Stormwater will be required to be retained on-site POLICY d. Limit development on steep slopes COMMENT There are no steep slopes within the development GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.3 Support efforts to service existing vacant land within the City before extending water and sewer services to development lands outside City limits POLICY b. Infill of underutilized property shall be encouraged through the use of innovative approaches for the provision of access and utilities COMMENT Water, sewer, and irrigation lines serve adjacent parcels and are constructed to accommodate extensions to this property OBJECTIVE 7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many residents as possible POLICY b. New water and sewer lines into unserved areas shall be provided at the developer's expense COMMENT Developer is providing the extensions of lines at his own expense GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC BUILDINGS AND UTILITY SYSTEMS OBJECTIVE 7.7.1 Manage the cost of providing public services to the community POLICY b. Require and impose current municipal standards on areas where utilities are extended COMMENT The subdivision is designed to meet current City standards CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled POLICY a. Require new streets to connect with other streets COMMENT The proposed subdivision connects with existing streets POLICY b. Require the consideration of transit access in subdivision review COMMENT The site is within walking distance, and connected by sidewalks, to bus routes on Chubbuck Rd POLICY c. Require the inclusion of bicycle and pedestrian systems during subdivision review and development to support alternative modes of transportation COMMENT The site is within walking distance, and connected by sidewalks, to bus routes on Chubbuck Rd POLICY d. Provide a mix of land uses, a more -connected street network, and alternative modes of transportation, including buses and shuttles COMMENT The site is within walking distance, and connected by sidewalks, to bus routes on Chubbuck Rd GOAL 9.5 PRESERVE FARMLAND WITHIN THE REGION OBJECTIVE 9.5.1 Preserve prime farmland for productive agricultural use for as long as is practical POLICY f. Within agricultural zoning districts, limit residential densities to an average of no more than one dwelling per 40 acres. For new rural development in agricultural districts, use lot -size averaging to cluster homes on small lots while maintaining large parcels for agricultural use COMMENT The subdivision will consume farmland and pasture and is adjacent to a planned subdivision that has been developing for several years CHAPTER 11: ECONOMIC DEVELOPMENT GOAL 11.2 CENTRALIZE COMMERCIAL EFFORTS OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck. us 1 0 A 11 0 POLICY a. Allow future commercial growth to occur within new neighborhoods in a manner that is consistent with the community design principles defined in Chapter 6: Community Design COMMENT This commercial development along with its improvements of Hiram Ave. will provide a nice buffer between the existing residential subdivision to the east and future commercial to the west CHAPTER 13: SCHOOL LOCATION AND TRANSPORTATION GOAL 13.1 DELIVER OUR CHILDREN SAFELY TO SCHOOL OBJECTIVE 13.1.2 Create opportunities for children to walk safely to school POLICY a. Establish a system of paths, sidewalks, bike lanes and routes that permit safe access to city schools COMMENT Sidewalks are required along the street frontage of all lots within this development POLICY b. Consider pedestrian access to nearest school during site plan review COMMENT Sidewalks are required along the street frontage of all lots within this development POLICY c. Require sidewalks along both sides of public streets COMMENT Sidewalks are required along the street frontage of all lots within this development * The Comprehensive Plan includes several strategies with the policies in certain chapters. 2. Does the Preliminary Plat comply with applicable laws and ordinances? CITY CODE TITLE 17- LAND DEVELOPMENT Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments x 17.12.030, Copies to be Submitted, Notice and Fee 17.12.050 Staff The applicant has completed the requirements of these Comments sections. Department Public Works: x Comments No comments received. x Department Maintenance / Operations: Comments The department has reviewed the applicant's proposal for compliance. Concerns have been addressed by the applicant. x Department Fire Department: Comments No comments received. x Department Police Department: Comments No concerns. CITY CODE TITLE 17 — PRELIMINARY PLAT STANDARDS Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments x 17.12.150 Form of Presentation Staff Applicant has provided all information required of this section. Comments x 17.12.160 Identification and Descriptive Data PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck. us 1AAiIA PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1OAH0 Staff Applicant has provided all information required of this section. Comments x 17.12.170 Existing Conditions Data Staff Applicant has provided a preliminary plat showing existing Comments contours, locations of existing water and sewer systems, street names and rights-of-way, and all other information required of this section. x 17.12.180 Proposed Conditions Data Staff Applicant has provided a preliminary plat showing proposed Comments conditions including lot dimensions, easement use and locations, and street layout including proposed dedication of additional right-of-way. x 17.12.190 Proposed Utility Methods Staff Water and sewer will be stubbed into the development, Comments applicant has provided service locations shown on the preliminary lat. CITY CODE TITLE 18- LAND USE Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments 18.08.042A Height and area Regulations x Staff This is proposed in the Limited Commercial (C-1) zone and is Comments limited to 45 ft high and 2,400 sf plus 1,000 sf minimum lot size. 18.08.044 Lot Width to depth ratio x Staff This is proposed in the Limited Commercial (C-1) zone, Comments maximum ratio is 1:5 PUBLIC IMPROVEMENT REQUIREMENTS Improvement Description Water mainlines with services will be constructed and connected to existing Water water mainlines. Sewer mainlines with services will be constructed and connected to existing Sewer sewer mainlines. Right-of-way will be dedicated and the streets will be constructed per 16.12.020C Streets and in accordance with the comprehensive plan. Storm water from the street will be retained in the roadway drainage Swale, while Storm Drainage storm water from the lots will be required to be retained on site. Pressurized Secondary Secondary irrigation facilities will be designed and constructed in accordance Irrigation with section 16.12.230 of city code. Parks N/A, non-residential development OTHER AGENCY COMMENTS AND REQUIREMENTS Agency Comment BTPO No comment received. Bureau of Indian Affairs No comment received. Cable One No comment received. Century Link No comment received. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1OAH0 Direct Communications No comment received. ID Fish and Game No comment received. ID Transportation No comment received. Idaho Power No comment received. Intermountain Gas No comment received. School District 25 No comment received. SE Idaho Public Health No comment received. US Postal Service No comment received. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck. us 1 0 A H 0 EXAMPLE MOTIONS APPROVAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials to the City Council with the following conditions and waiver recommendations: 1. (if found necessary by LUDC). APPROVAL (NO CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are not satisfied, I move to recommend denial of the preliminary plat request as described in the application materials. I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET]. SPECIAL CONSIDERATIONS FROM IDAHO CODE: • I.C. 67-6513: Denial of a subdivision permit or approval of a subdivision permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby. REPORT: Sean Harris, Development Services Staff comments in this report are based solely Manager sharris@cityofchubbuck.us (208) 237-2430, Ext. 108 DATE: January 4, 2021 1. Reference Map 2. Application for Preliminary Plat 3. Plat 4. Narrative for Preliminary Plat 5. Maps a. Future Land Use upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. EXHIBITS PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1OAH0 b. Current Zoning 6. Evidence of Notice a. Site Postings b. Agency notices on file w/staff PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1 0 A H 0 Exhibit 1: Reference Map - Bear River Storage w CNA60ck R,d . . f S+ubjM Property PO Box 5604 — 5160 Yellowstone Avenue, Chu bbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck. us 1 0 A H 0 CHUBBUCK 1 0 PO Box 5604 - 5160 Yellowstone Avenue Chubbuck, ID 83202 208.237.2430 - Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 1 OF 5 Requirements and procedures for Preliminary Plat applications are found in section 17.12.030 - 17.12.190 of municipal code. The following must be completed and submitted with all required documents in order to progress to the next stage of the review process; failure to submit a complete application packet may result in additional fees. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A -DEVELOPER/APPLICANT INFORMATION Al. Name Menlove Construction A2. Mailing Address 4243 W Nike Dr Suite C city West Jordan State UT Zip Code 84088 A3. Phone Number (including area code) A4. Email Address 801-280-3000 jesse.reynolds@menloveconstruction.com SECTION B - PROFESSIONAL SERVICES INFORMATION B1. Firm Name McNeil Engineering 132, Mailing Address 8610 Sandy Pkwy Suite 200 Sandy, UT 84070 City State Zip Code Sandy UT 84070 B3. Point of Contact (Name) 34. Email Address Daniel Canning daniel@mcneileng.com SECTION C -SITE INFORMATION C1. Site Address City Zip C2. Tax Parcel #(s) 1175 Chubbuck Road Chubbuck 83202 C3. Current Land Use C4. Are there existing structures on-site? Vacant ElYes V No C5. Is the site under contract or in the name of the developer/applicant? C6. Approximate size of property ❑ Yes V No 3 Acres C7. Are there any existing items of which Staff should be aware? C8. Does the site contain irrigation water rights? ❑ Yes P No If yes: 0 Yes ❑ No If yes, which company/district: Fort Hall Irrigation Project CHUBBUCK I D R H D PO Box 5604 — 5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 2 OF 5 SECTION D — PROPOSED DEVELOPMENT INFORMATION D1. Plat Name D2. Number of Lots Bear River Storage 1 D3. Type of Land Uses within development (residential, commercial, industrial, etc.) D4. Water & Sewer Needs Water and sewer needed as equivalent Commercial of one residence.l" water line along with 4" sewer lateral. D5. Are there any issues related to the development of which Staff should be aware prior to meeting? ❑ Yes ❑ No If yes: Will the development contain any commonly -owned and/or maintained improvements (stormwater facilities, community mailboxes, streets, D6. parks/playgrounds, etc.)? ® Yes ❑ No If yes, what? Stormwater Facilities Will the development contain any land within a designated floodplain (FEMA or Chubbuck? ❑ Yes ❑ No If yes, what zone?: D7. If yes, how do you intend to minimize flood damage to structures, and public utilities and facilities such as sewer, gas, water, and electrical systems?? If yes and the proposal contains more than 50 lots or more than 5 acres, whichever is lesser, and there no base flood elevations established for the floodplain, you must submit base flood elevation data with the application package. Only for plat containing residential units: The City has adopted Parks Impact Fees with requirements that parks impact fees are due when building permits for residential units are issued. There may be times when the developer proposes to dedicate land and/or construct park improvements to satisfy the parks impact fee funding obligation in whole or in part. Which is anticipated with this development? D8. ❑ No public parks/park land are proposed with this phase, or any public parks/park land will benefit only this development, parks impact fees will be collected ❑ Public parks/park land are proposed that will benefit more than just this development, parks impact fees may be adjusted only by agreement between the city and the developer prior to construction, fund, or contribution based on the present value of system improvements and land in accordance with Chapter 17.28 of municipal code. SECTION E — ADDITIONAL SUBMITTAL REQUIREMENTS E1. Preliminary Plat Application Fees: Total # of lots X $5.00 + $203.00 base fee = $ total due E2. Master Plan, for any preliminary plat that is a portion of a large parcel, part of a larger group of commonly held parcels, or part of a larger development which has been, or shall be developed by the developer, shall be accompanied by a master plan submitted during the preliminary platting process. A master plan must be submitted with each preliminary plat filed. E3. Preliminary codes, covenants, and restrictions (CC&Rs) addressing maintenance of commonly owned improvements and/or land, if the development will contain any commonly owned improvements and/or land. For purposes of this requirement, commonly owned improvements include stormwater facilities, cluster mailboxes, private open space/parks/amenities, etc. E4. Narrative indicating how the approval criteria for preliminary plats are addressed. Approval criteria are as follows (17.12.100): 1. The subdivision proposal complies with applicable provisions of this title. 2. The subdivision proposal complies in principle with all applicable city design standards and development regulations. CHUBBUCK I D R H D PO Box 5604 — 5160 Yellowstone Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 3 OF 5 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. 4. All public facilities including streets, sidewalks, curbs, gutters, secondary pressurized irrigation, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. 5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a. A proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents a connection to abutting streets or property. 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. 8. Public utilities are provided to the newly created lots in public rights of way or in appropriately sized easements. E5. If the development contains area with any FEMA or City of Chubbuck designated floodplains, the following must be submitted: 1. If the development, either within a single phase or as part of a larger planned development, contains more than 50 lots or 5 acres, whichever is less, base flood elevations shall be determined prior to filing an application for a preliminary plat and said determinations must be submitted with the application package. 2. If the development, either within a single phase or as part of a larger planned development, contains more than 50 lots or 5 acres, whichever is less, evidence must be submitted demonstrating that a CLOW application has been filed with FEMA. E6. Because every application is different, rules and regulations may differ and staff may require additional information or submittals before an application can be deemed complete and ready for the review process beyond staff level. CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 4 OF 5 E7. PDF Drawings drawn according to municipal code containing the following: Code Reference Staff Reviewers Initials Preparer's Initials Description 17.12.150 —17.12.160 Presentation & Descriptive Data • Drawing Size (11"x22" minimum through 22"x34" maximum) • Proposed Name • Location of Development by Section, Township, Range • Reference to Section or Quarter Corner (dist. & Bear.) • Name, Address, Phone Number of Developer • Name, Address, Phone Number of Engineer/Surveyor • North Arrow • Date of Preparation (Including Revisions) • Vicinity Map 17.12.170 Existing Conditions • Existing Contours @ adequate Interval • Existing Features • Existing Utilities • Existing R -O -W, easements, public areas, corporation lines • Instrument # for parcels with common boundaries • Existing & proposed zoning • Total acreage • Boundary dimensions 17.12.180 Proposed Conditions • Street layout (including width) • Street names • Connections to existing streets • Lot dimensions • Lot numbers • Total number of lots • Location, width, and use of easements • Designation of land for public use (parks and open space) 17.12.190 Proposed Utility Methods • Proposed sewage disposal • Proposed water supply • Proposed storm water disposal • Proposed secondary pressurized irrigation (if the site has irrigation rights) 15.54 (adopted 6/3/20) Floodplain requirements (N/A if there is no floodplain in the development) • Floodplain boundaries, type, and BFEs PO Box 5604 — 5160 Yellowstone Avenue PRELIMINARY PLAT Chubbuck,ID 83202 CHUBBUCK 208.237.2430 — Fax 208.237.2409 APPLICATION www.CityofChubbuck.us August 2020 Form- Replaces Prior Versions IOAH0 PAGE 5OF5 SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 agree to comply with all provisions of ordinances and laws governing this type of work, whether specified herein or not. • 1 am aware that if this application is not complete, the preliminary plat review process will not continue until it is so deemed by the City upon further submission of materials. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. F1. Signature F2. Printed Name F3. Date Jesse Reynolds 12/11/2020 SECTION G -FOR STAFF USE ONLY G1. COMPLETENESS REVIEW: Deemed complete? Reviewed by: Date: ❑ Yes ❑ No If no, list concern(s): Applicant Notified? ❑ Yes ❑ No Comments: EDGE OF ASPHALT P p p 0 NORTHWEST CORNER OF SECTION 09, TOWNSHIP L(6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN. FOUND CITY OF CUBBUCK BRASS CAP MONUMENT PER CP&F INST.: 20520360) BENCHMARK EL.=4463.18' (NAVD88) POINT OF BEGINNING DESCRIPTION PER TITLE REPORT. n BEAR RIVER STORAGE I A SUBDIVISION LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO I FOUND ILLEGIBLE 2" ALUMINUM f0 fo p fo P -to CAP PER INST.: 2181448740' p p K T NORTH OF SECTION LINE EDGE OF ASPHALT HUBB P CUCROAD BILYEU ESTATES -DIVISION 1 - 66.0' INST. 21712050 ,moi al N ----------CURB&GUTTER - - - 5Iz E ----- 4 - rp w w 405 - w w _---(PAVED PUBLIC ROAD, WIDTH VARIES w -4466- - BASIS OF BEARING: S 89°50'41" E 2646.08'(2645.98') yr w w S 89050'41 " E 442.15' FOUND 1/2" REBAR & PLASTIC 1/2" REBAR & PLASTIC CAP STAMPED "RMES LS.2341"'\ CAP STAMPED "RMES LS.2341" 18" sCURB P.O.B. TIE: 459.39' s s - s s -- s 5'sr6 0S RIM 4464.25' RIM -4464.40' CITY OF CHUBBUCK I INST.: 20920116 _.POINT OF OO 4 - \X -4464- JE -4448.70' IE(E/W)-4450.20' _ _ _ _ _ _ - _ - -_ - - - - - - -BEGINNING - RIM -4466.89' - - I fo I IE(S)-4448.70' fo - - - - - - - - fo fo fo fo NEWSDGORBiNLETBGX fo GRATE =4465.36' f0 IE -4449.24' I`5r R, SAWT OT ST. I '6sr�----------- - IE =4463.00' EDGE OF ASPHALT-- 16LF12'RCP@3.12% - - N 89050'41" W 355 15' \ \ I I O 1 I I I I a Of U m d Y U m Do S U 0 z ZIP1l / x \ [FOUND 4452.5 e 41" i \ \ \ FOUND 1/2" REBAR & PLASTIC 1/2" REBAR & PLASTIC CAP STAMPED "RMES LS.2341"'\ CAP STAMPED "RMES LS.2341" E-046,.75' 5�:� LIMITED COMMERCIAL \ 1 _ FOUND 1/2" REBAR & PLASTIC CAP STAMPED "RMES LS.2341" PER INST. 2200426 \ PER INST. 2200426 \ "RMES LS.2341" PER INST. 2200426 \X 90 LF 12'RCP ®0.30% 1 _ O ` IS INST.: 20521613 PER INST. 2200426 \ s Io \NEW M \ _ O z to R, SAWT OT ST. SDCB CRATE=4465.10' = Z \ F FOUND 1 I 1 2" ALUMINUM CAP O N M m G � \ z \ IV 0 a NEW SD CURB INLET BOX Q9 63\ II \ I FOUND 1/2" REBAR & PLASTIC \\ \ \ \ II CAP STAMPED "RMES LS.2341" \ AORICULTURE (A) \ \ \ \ PER INST. 2200426 \ 10.0' P.U.E. I ) I I I I _ II I °° II I II I II I 11 -�I \\ I I II \ I I I r3s \ I II ) - --------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ? 10.0' EASEMENT FOR PUBLIC \ Fl a UTILITIES, DRAINAGE, AREA HEREBY DEDICATED TO PEDESTRIAN, & ROADWAY SLOPES. CHUBBUCK CITY FOR PUBLIC BUILDING T7 STREET & UTILITY PURPOSES. uNITA CONTAINS: 41,758 SQ. FT. OR 0.959 AC BUILDING FFE = 4466.75 10.0' 121 LF 12'7 @ 0.25% x SD SD SD SD i' -NEW SDCB JOINT ACCESS EASEMENT GRATE= 4464.60NEW SDCB E=446335 193 193 LF 12'RCP @0.25% GRATE =4465.,°' 6]' AGREEMENT INST.: LIU%16141 IE -0462 / O BUILDING >< UNIT C p \ I 0� O o I M P FOUND 2" ALUMINUM CAP STAMPED "RMES LS 2341" AT C.L. HIRAM AVENUE o RIM 4468.2 N O TO / I E-44493 6 21.00' _ o to I o 0 1 33.00' \ o 12'IE 6250 A -.72c=z n 66LF4"PVC .D IV GRATE'-c4aft3.ao' VICINITY MAP W 211 LF 8" PVC C-900 W �6t LF tr RCP °.ao 120 LF 8" PVC G9001NI ` W `\ E-046,.75' CHUBBUCK RD. LIMITED COMMERCIAL q (C-1)-(EXISTIN0 & PROPOSED) 1 _ BUILDING \ "RMES LS.2341" PER INST. 2200426 DE KYR 90 LF 12'RCP ®0.30% 1 _ O \ 00 ti UNIT B INST.: 20521613 \ LL s Io \NEW M \ _ O z to R, SAWT OT ST. SDCB CRATE=4465.10' = Z \ F FOUND 1 I 1 2" ALUMINUM CAP O N M m G � \ z \ BUILDING 0 a NEW SD CURB INLET BOX Q9 63\ \ UNITD C NT AGREEMENT INST.: 20724484 GRATE=4454.54' iy /,4462-, M rr 7 - --------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ? 10.0' EASEMENT FOR PUBLIC \ Fl a UTILITIES, DRAINAGE, AREA HEREBY DEDICATED TO PEDESTRIAN, & ROADWAY SLOPES. CHUBBUCK CITY FOR PUBLIC BUILDING T7 STREET & UTILITY PURPOSES. uNITA CONTAINS: 41,758 SQ. FT. OR 0.959 AC BUILDING FFE = 4466.75 10.0' 121 LF 12'7 @ 0.25% x SD SD SD SD i' -NEW SDCB JOINT ACCESS EASEMENT GRATE= 4464.60NEW SDCB E=446335 193 193 LF 12'RCP @0.25% GRATE =4465.,°' 6]' AGREEMENT INST.: LIU%16141 IE -0462 / O BUILDING >< UNIT C p \ I 0� O o I M P FOUND 2" ALUMINUM CAP STAMPED "RMES LS 2341" AT C.L. HIRAM AVENUE o RIM 4468.2 N O TO / I E-44493 6 21.00' _ o to I o 0 1 33.00' \ o 12'IE 6250 A -.72c=z n 66LF4"PVC .D IV GRATE'-c4aft3.ao' VICINITY MAP W 211 LF 8" PVC C-900 W �6t LF tr RCP °.ao 120 LF 8" PVC G9001NI ` W `\ E-046,.75' - LIMITED COMMERCIAL q (C-1)-(EXISTIN0 & PROPOSED) 1 _ BUILDING \ "RMES LS.2341" PER INST. 2200426 DE KYR 90 LF 12'RCP ®0.30% 1 _ O \ 00 ti UNIT B INST.: 20521613 I II I I s Io \NEW M \ _ O /�� IV SDCB CRATE=4465.10' Id \ O FOUND 1 I 1 2" ALUMINUM CAP BL,CK 1 IE=4462.72' N M \ O O BUILDING o o, NEW SD CURB INLET BOX Q9 63\ \ UNITD C NT AGREEMENT INST.: 20724484 GRATE=4454.54' iy O M IE=4462.84' _ IV b l I \ EDGE OF ASPHALT o - - TR ------ -----No -ma -__ _ _ _ _ _ _ _ _ _ _ 4" PIPE TOP _4459_12- - -- - - - \T \ Zrn T _ 4_ ___________ 4------- I- 87 LF 12'RCP ®0.30% O BUILDING1 O UNIT G Z I \ \ \ SD SD SD 1 - NEW SDCB \ 1 GRATE =M. 0' 49' \ IE61A9' ' I I I I SD \ \ SD SD -� I 10.0' EASEMENT FOR PUBLIC 1 i4" PIPE OUT OF ' - - UTILITIES, DRAINAGE, I - - GROUND,TO 8" PIPE 103 LF 12'RCP 0.30% NEWSDCB \ 11LF 12"RCP 0. D° w - VICINITY MAP ,-'� 11.65' PLS 10900 PER CP&F INST. 21207296) 4 q- SCALE: N.T.S. i FOUND AND ACCEPTED 1/2" - w v I I Illi - - REBAR & PLASTIC CAP STAMPED _ M' INST. 20517790 "RMES LS.2341" PER INST. 2200426 DE KYR O OF LATTER DAY SAINTS INST.: 20521613 I II I I M V I 10.0' P.U.E. I� /�� IV ® Id - - - -446?- FOUND 1 I 1 2" ALUMINUM CAP - - - 1I ILLEGIBLE (COVERED IN PAINT) / \I\ \ w I I I I FOUND AND ACCEPTED 1l2" JOINT ACCESS EASEMENT 3 I I I REBAR & PLASTIC CAP STAMPED AGREEMENT INST.: 20724484 IV I I "RMES LS.2341" PER INST. 2200426 - - I - - - - - - - - - - l I \ EDGE OF ASPHALT o - - TR ------ -----No -ma -__ _ _ _ _ _ _ _ _ _ _ 4" PIPE TOP _4459_12- - -- - - - \T - - - - - - - - - - T - l 4_ ___________ 4------- 4461 --- , \ \ Ts 4Lo --- ---- ��o- N f12 - \� ----- ---�-- 4460-------J.-1 I GRATE 4462.11' \- ----- ------_ - I ` I I JOINT ACCESS IE -4458.71' GRATE- 61 ICV IE 8.25' Ro 12" PIPE TOP - 4459.30' cc \ 15.0' IRRIGATION AGREEMENTEASEMENT I I LIMITED COMMERCIAL (C-1) INST. 21013421 I I INST.: 20724484 lLOT 10.0' P.U.E. 1, BLOCK 1, CURB &GUTTER 1 UNIVERSITY BIBLE CHURCH I r I j II I I \ I I I I I I i WEST QUARTER CORNER OF SECTION 09, TOWNSHIP 6 SOUTH, RANGE 34 EAST, SUBDIVISION TABULATIONS DI BOISE MERIDIAN. (NOT LOCATED) SUBDIVISION AREA: 172,438 SQ. FT., OR 3.959 ACRES MENL 8 CP&F INST.: 20520366 JESSE NUMBER OF LOTS: (1) 4243 \ IV 87 LF 12'RCP ®0.30% O BUILDING1 O UNIT G Z I \ \ \ SD SD SD 1 - NEW SDCB \ 1 GRATE =M. 0' 49' \ IE61A9' ' I I I I SD \ \ SD SD -� I 10.0' EASEMENT FOR PUBLIC 1 i4" PIPE OUT OF ' - - UTILITIES, DRAINAGE, I - - GROUND,TO 8" PIPE 103 LF 12'RCP 0.30% NEWSDCB \ 11LF 12"RCP 0. D° LOT AREA: 1130.680 SQ. FT., OR 3.000 ACRES I WEST . 1, llmm�ff ml .1 1; 11 - I, o + O "zI NORTH QUARTER CORNER OF SECTION 09, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN. w - VICINITY MAP ,-'� 11.65' PLS 10900 PER CP&F INST. 21207296) 4 q- SCALE: N.T.S. i FOUND AND ACCEPTED 1/2" - w v I I Illi - - REBAR & PLASTIC CAP STAMPED _ M' INST. 20517790 "RMES LS.2341" PER INST. 2200426 DE KYR O OF LATTER DAY SAINTS INST.: 20521613 I II I I M V I 10.0' P.U.E. I� /�� IV ® Id - - - -446?- FOUND 1 I 1 2" ALUMINUM CAP - - - 1I ILLEGIBLE (COVERED IN PAINT) / \I\ w I I I I FOUND AND ACCEPTED 1l2" JOINT ACCESS EASEMENT 3 I I I REBAR & PLASTIC CAP STAMPED AGREEMENT INST.: 20724484 I I "RMES LS.2341" PER INST. 2200426 - - I - - - - - - - - - - l I \ EDGE OF ASPHALT o - - TR ------ -----No -ma -__ _ _ _ _ _ _ _ _ _ _ 4" PIPE TOP _4459_12- - -- - - - \T - - - - - - - - - - T - l 4_ ___________ 4------- 4461 --- , \ Ts 4Lo --- ---- ��o- N f12 - \� ----- ---�-- 4460-------J.-1 I GRATE 4462.11' \- ----- ------_ - I ` I I JOINT ACCESS IE -4458.71' GRATE- 61 ICV IE 8.25' Ro 12" PIPE TOP - 4459.30' EASEMENT \ 15.0' IRRIGATION AGREEMENTEASEMENT I I LIMITED COMMERCIAL (C-1) INST. 21013421 I I INST.: 20724484 lLOT 10.0' P.U.E. 1, BLOCK 1, CURB &GUTTER 1 UNIVERSITY BIBLE CHURCH I r I j II I I SUBDIVISION INST. 21013421 I I I I I I i WEST QUARTER CORNER OF SECTION 09, TOWNSHIP 6 SOUTH, RANGE 34 EAST, SUBDIVISION TABULATIONS DI BOISE MERIDIAN. (NOT LOCATED) SUBDIVISION AREA: 172,438 SQ. FT., OR 3.959 ACRES MENL 8 CP&F INST.: 20520366 JESSE NUMBER OF LOTS: (1) 4243 LOT AREA: 1130.680 SQ. FT., OR 3.000 ACRES I WEST . 1, llmm�ff ml .1 1; 11 - I, o + O "zI NORTH QUARTER CORNER OF SECTION 09, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN. w - (FOUND 2" ALUMINUM CAP SET 2012, PLS 10900 PER CP&F INST. 21207296) 4 q- s 24„ s \ CURB & GUT1 '' `\`' :SIDEWALK. , ' `, •' • • O LINE # O LENGTH L1 PLANNED UNIT 1■ M DEVELOPMENT (PUD) - LOT 1, BLOCK 1, ■ ti PARK MEADOWS 6TH ADDITION M' INST. 20517790 CHURCH OF JESUS CHRIST O OF LATTER DAY SAINTS INST.: 20521613 a 37 .15'�. 66.00' N 89050'41 " W 442.15' =445°� - - - - - J NEW SD CURB INLET BOX \ \ GRATE=4482.84' SMH ' - FOUND & ACCEPTED IE=4451.22' 2" ALUMINUM CAP LEGEND i R�63 STAMPED "RMES LS 2341" - - - - - - - EXISTING RIGHT OF WAY LINE SINOLE"FAMILY PROPOSED RIGHT OF WAY RESIDENTIAL (R-1) - - - - SUBDIVISION BOUNDARY SCHOZ RISTRICT#25 NORTH - - - - EXISTING CENTERLINE INST. 2022655 - - PROPOSED CENTERLINE (ROS INST: 205006 13) - - SECTION LINE \ - - EASEMENT LINE \ - - PROPOSED EASEMENT \ FO AND ACCEPTED FOUND SECTION CORNER " ALUMINUM CAP AS NOTED HEREON STAMPED "RMES LS.2341" O SET 5/8" X 24" REBAR AND YELLOW NYLON CAP STAMPED "LS 13889" FOUND PROPERTY AS NOTED HEREONMARKER p SUBDIVISION CORNER NOT SET LINE TABLE LINE # DIRECTION LENGTH L1 N 44°53'02" W 29.72' RETAINING WALL p SCALE: 1" = 50' 0 25' 50' 100' 150' SHEET CONSTRUCTION INC COMMERCIAL • INDUSTRIAL • DESIGN BUILD ENGINEERS • SURVEYORS Bear River Storage Chubbuck December 14, 2020 Chubbuck City Preliminary Plat Application — E4 Narrative E4. Narrative indicating how the approval criteria for preliminary plats are addressed. Approval criteria are as follows (17.12.100): 1. The subdivision proposal complies with applicable provisions of this title. Yes, the subdivision proposal complies with applicable provisions of this title. 2. The subdivision proposal complies in principle with all applicable city design standards and development regulations. Yes, the subdivision proposal complies in principle with all applicable city design standards and development regulations. 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. Yes, the subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. 4. All public facilities including streets, sidewalks, curbs, gutters, secondary pressurized irrigation, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. Yes, all public facilities including streets, sidewalks, curbs, gutters, secondary pressurized irrigation, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. 5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a. A proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day. 4243 West Nike Drive, Suite C • West Jordan, Utah 84088 • Phone 801280-30000 CONSTRUCTION INC COMMERCIAL • INDUSTRIAL • DESIGN BUILD ENGINEERS • SURVEYORS Item noted. This development will not exceed 100 or more new peak hour trips. A trip generation memo has been completed for this development. See attached. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents a connection to abutting streets or property. Yes, the proposal provides for a continuation of a connected transportation system. 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. Yes, the proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. 8. Public utilities are provided to the newly created lots in public rights of way or in appropriately sized easements. Yes, the public utilities are provided to the newly created lots in public rights of way or in appropriately sized easements. 4243 West Nike Drive, Suite C • West Jordan, Utah 84088 • Phone 801280-30000 Exhibit 5a: Comprehensive Plan Future Land Use Map Bear River Storage PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us I D A H a Exhibit Sb: Current Zoning Map Bear River Storage PO Box 5604 - 5160 Yellowstone Avenue, Chubbuck, ID 83202 lao-t-\ 208.237.2430 - Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us I D A H a Exhibit 6: Evidence of Notice a. Site Posting b. Agency notices on file with staff a. Site Posting Sign posted at W. Chubbuck Road and Hiram Ave on December 16, 2020 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck. us IOAHI0 CHUBBUCK I D A H O Memo Community Services Department Planning Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 To: Land Use and Development Commission From: Don Matson, Planning Manager Date: January 6, 2021 www.CityofChubbuck.us Re: Discussion of potential amendments to City Code Chapter 18.13 Wireless Telecommunications Facilities The placement, appearance and height of wireless telecommunication facilities are regulated by federal, state, and local laws. Federal codes limit the City's jurisdiction over some aspects of the facilities, so long as a proposed facility is complying with regulations provided by the Federal Communications Commission (FCC). The Spectrum Act, as it is commonly known, was part of a larger bill passed by Congress in 2012. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act included language that a state or local government "may not deny, and shall approve any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station." A substantial change per Section 6409 was clarified by the FCC in 2014 with the issuance of 47 CFR 1.40001. The FCC ruling further provides that as a city we may only require applicants to provide documentation reasonably related to meeting the requirements of Section 6409(a), and must approve an application covered by Section 6409(a) within 60 days, so long as the application is complete. These new stipulations regarding modifications, collocations, and time limits for approval are not addressed in current City Code Chapter 18.13. Staff will schedule a public hearing and propose amendments at a future Commission meeting. Attached are copies of the current code and federal requirements. Exhibits: 1. Current City Code Chapter 18.13 2. Spectrum Act (Section 6409(a) of the Middle Class Tax Relief and Job Creation Act 3.47 CFR 1.40001 Exhibit 1 CHAPTER 18.13 WIRELESS TELECOMMUNICATIONS FACILITIES SECTION: 18.13.010: Purpose 18.13.020: Policy Statement 18.13.030: Definitions 18.13.040: Compliance With Chapter; Nonconforming Uses 18.13.050: Exemptions 18.13.060: Recognition Of Industry Site Selection Criteria 18.13.070: Site Selection Criteria 18.13.080: Priority Of Locations 18.13.090: Use Priority On Public Property And Siting Requirements 18.13.100: Collocation 18.13.110: Design Criteria 18.13.120: Permits Required 18.13.130: Inspection Requirements 18.13.140: Landscaping; Screening 18.13.150: Nonuse; Abandonment 18.13.160: Third Party Review 18.13.170: Remedies 18.13.010: PURPOSE: A. These standards were developed to protect the public health, safety, and welfare, to protect property values and minimize visual impact while furthering the development of enhanced telecommunication services in the city. These standards were designed to comply with the telecommunications act of 1996. The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. B. To the extent that any provision of this chapter is inconsistent or conflicts with any other city ordinance, this chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the city. C. In reviewing any application to provide personal wireless service or to install personal wireless service facilities, the city shall act within a reasonable period of time, taking into account the nature and scope of the application. The city shall approve, approve with condition, or deny the application in accordance with the time frames set forth in this title and in accordance with other applicable ordinances and regulations of the city. (Ord. 535 §2, 2000) 18.13.020: POLICY STATEMENT: The purpose of this chapter is to establish general guidelines for the siting of towers and antennas. The goals of this chapter are to: a) enhance the ability of personal wireless service providers to provide such services Exhibit 1 throughout the city quickly, effectively, and efficiently; b) encourage personal wireless service providers to locate towers and antennas in nonresidential areas; c) encourage personal wireless service providers to collocate on new and existing tower sites in order to minimize the number of towers within the city; d) encourage personal wireless service providers to locate towers and antennas, to the extent possible, in areas where the adverse impact on city residents is minimal; and e) encourage personal wireless service providers to configure towers and antennas in a way that minimizes any significant adverse visual impact. Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary: A. To manage the location of towers and antennas in the city; B. To protect neighborhoods from potential adverse impacts of towers; C. To minimize adverse visual impacts of towers through careful design, siting, landscape screening, and innovative camouflaging and screening techniques; D. To accommodate an increased need for towers to serve the wireless communications needs of city residents; E. To promote and encourage collocation on existing and new towers as an option rather than construction of additional single use towers, and to reduce the number of such structures needed in the future; F. To consider the public health and safety of towers to the extent permitted by the telecommunications act of 1996; and G. To avoid potential damage or adverse impacts to adjacent properties through sound engineering practices and the proper siting of antenna support structures. (Ord. 535 §2, 2000) 18.13.030: DEFINITIONS: For the purposes of this chapter, the following terms shall have the meanings ascribed to them below: ABANDONMENT: A. To cease operation for a period of sixty (60) or more consecutive days; B. To reduce the effective radiated power of an antenna by seventy five percent (75%) for sixty (60) or more consecutive days; C. To relocate an antenna at a point less than eighty percent (80%) of the height of an antenna support structure; or D. To reduce the number of transmissions from an antenna by seventy five percent (75%) for sixty (60) or more consecutive days; provided that nonoperation or reduced operation for a period of sixty (60) or more consecutive days to facilitate maintenance, redesign or other changes about which the city was notified in advance shall not constitute abandonment. ANTENNA: Any exterior apparatus designed for telephonic, radio, data, internet, or television communication through the sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower or building for the purpose of providing personal wireless services, including unlicensed wireless telecommunications services, wireless telecommunications services utilizing frequencies authorized by the federal communications commission for "cellular", "enhanced specialized mobile radio" and "personal communications services", telecommunications services, and its attendant base station. ANTENNA HEIGHT. The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height. ANTENNA SUPPORT STRUCTURE: Any pole, telescoping mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio frequency signals. APPLICANT. Any provider or any person, partnership, or company who files an application for any permit necessary to install, maintain, or remove a personal wireless service facility within the city. CAMOUFLAGED: A personal wireless service facility that is disguised, hidden, or integrated with the existing environment and trees so as to be significantly screened from view. Exhibit 1 CELL SITE OR SITE: A tract or parcel of land that contains personal wireless service facilities including any antenna, support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to personal wireless services. COLLOCATION: The use of a personal wireless service facility or cell site by more than one personal wireless service provider. CONDITIONAL USE PERMIT OR CUP: A process and approval as described in this title and other appropriate sections of this code. DESIGN: The appearance of personal wireless service facilities, including such features as their materials, colors, and shape. EIA: The electronics industry association. EQUIPMENT ENCLOSURE: A structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies and emergency generators. FAA: The federal aviation administration. FCC: The federal communications commission. GOVERNING AUTHORITY: The mayor and city council of the city of Chubbuck. MOBILE TRANSMISSION FACILITY: Movable, nonstationary transmission facilities that contain personal wireless service facilities including any antenna, support structure, accessory structures, and may include other uses associated with and ancillary to personal wireless services. MODIFICATION: The changing of any portion of a personal wireless service facility from its description in a previously approved permit, excluding routine maintenance and repair. Examples include, but are not limited to, changes in design or structure, changes in the heights of towers or monopoles, changes in any accessory structures or appurtenances which are affiliated with or support a personal wireless facility. MOUNT. The structure or surface upon which personal wireless service facilities are mounted. There are three (3) types of mounts: A. Building mounted: A personal wireless service facility mount fixed to the roof or side of a building. B. Ground mounted: A personal wireless service facility mount fixed to the ground, such as a tower. C. Structure mounted: A personal wireless service facility fixed to a structure other than a building, such as light standards, utility poles, and bridges. PERSONAL WIRELESS SERVICE, PERSONAL WIRELESS SERVICE FACILITIES, AND FACILITIES: Used in this chapter, shall be defined in the same manner as in title 47, United States Code, section 332(c)(7)(C), as may be amended now or in the future and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless services. PROVIDER: A corporation, company, association, joint stock company, firm, partnership, sole proprietorship, limited liability company, other entity or individual which provides personal wireless service over personal wireless service facilities. SCREENING: Placement of a personal wireless telecommunication facility such as a tower or mount among trees or other appropriate vegetation to provide a natural, aesthetic appearance to the location of such personal wireless telecommunication facility. For the purposes of this chapter, screening shall consist of not less than placement of a personal wireless telecommunication facility such as a tower or mount amongst and adjacent to (within 20 feet) three (3) or more trees at least seventy five percent (75%) of the base height of the facility. SECONDARY USE: A use subordinate to the principal use of the property, such as commercial, residential, utilities, etc. SECURITY BARRIER: A wall, fence, or berm that has the purpose of securing a personal wireless service facility from unauthorized entry or trespass. I I I I I I I I I I I I I I I I I I I I! Exhibit 1 TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facilities including radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like. UNLICENSED WIRELESS SERVICES: Commercial mobile services that operate on public frequencies and are not required to have an FCC license to operate. (Ord. 535 §2, 2000) 18.13.040: COMPLIANCE WITH CHAPTER; NONCONFORMING USES: A. New Uses: All new antennas and antenna support structures shall comply with the requirements of this chapter after the effective date hereof by which this chapter was adopted. B. Existing Uses: Towers and antennas existing before the effective date hereof by which this chapter was adopted which do not meet the requirements of this chapter shall be allowed to continue as they presently exist, but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers and antennas. However, new construction other than routine maintenance on existing towers, antennas, buildings or other facilities shall comply with the requirements of this chapter. (Ord. 535 §2, 2000) 18.13.050: EXEMPTIONS: The following are exempt from the provisions of this chapter and shall be permitted in all zones, unless otherwise specifically provided: A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC. B. Antennas and related equipment no more than three feet (3') in height that are being stored, shipped, or displayed for sale. C. Radar systems for military and civilian communication and navigation. D. Wireless radio utilized for temporary emergency communications in the event of a disaster. E. Licensed amateur (ham) radio stations. F. Satellite dish antennas less than six and one-half feet (61/2') in diameter, including direct to home satellite services, when used as a secondary use of the property. G. Routine maintenance or repair of a personal wireless service facility and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings), provided that compliance with the standards of this chapter are maintained. H. Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed in advance of emergency repairs or maintenance of a personal wireless service facility, provided that the permit application is on file within thirty (30) days of completion of the emergency activity. I. A mobile transmission facility or other temporary personal wireless telecommunications facility shall be permitted for a maximum of ninety (90) days or during an emergency declared by the city. (Ord. 535 §2, 2000) 18.13.060: RECOGNITION OF INDUSTRY SITE SELECTION CRITERIA: In establishing a new site, the industry requires a location that is technically compatible with the established network. A general area is to be identified based upon engineering constraints and the desired area of service. Specific locations within that general area will be evaluated using the following criteria which are not listed in order of priority: A. Topography as it relates to line of sight transmissions for optimum efficiency in telephone service. B. Availability of road access. C. Availability of electric power. D. Availability of land based telephone lines or microwave link capability. Exhibit 1 ti.................... E. Leasable lands, and landlords who want facilities to be located on their properties consistent with zoning regulations. F. Screening potential of existing vegetation, structures and topographic features. G. Zoning that will allow low power mobile radio service facilities. H. Compatibility with adjacent land uses. I. The least number of sites to cover the desired area. J. The greatest amount of coverage, consistent with physical requirements. K. Opportunities to mitigate possible visual impact. L. Availability of suitable existing structures for antenna mounting. (Ord. 535 §2, 2000) 18.13.070: SITE SELECTION CRITERIA: A. Any applicant proposing to construct an antenna support structure, or mount an antenna on an existing structure, shall demonstrate by engineering evidence satisfactory to the city that the antenna location will satisfy its function in the applicant's local network system. Further, the applicant must demonstrate by satisfactory engineering evidence that the height requested is the minimum height necessary to fulfill the site's function within the local network system. Notwithstanding this provision, applicant may also propose a height greater than the minimum necessary in order to plan for and accommodate collocation of other facilities on the same structure. B. Applications for necessary permits will only be processed when the applicant demonstrates either that it is an FCC licensed telecommunications provider or that it has agreements with an FCC licensed telecommunications provider for use or lease of the support structure. C. Low power mobile radio service facilities shall be located and designed to minimize any significant adverse impact on residential property values. Facilities shall be placed in locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. D. In all zones, location and design of facilities shall consider the impact (including visual) of the facility on the surrounding neighborhood. In all zones, towers shall be significantly screened to the extent that it does not result in significant signal degradation. If there are no trees to provide screening, the site shall utilize significant and satisfactory camouflage or other design/construction methods so as to provide compatible aesthetics of and around the site, to the fullest extent reasonably possible, as determined through the design review or conditional use permit process. (Ord. 535 §2, 2000) 18.13.080: PRIORITY OF LOCATIONS: A. Order Of Priorities: The order of priorities for locating new personal wireless service facilities shall be as follows: 1. Place antennas on existing towers and structures on public property where other antennas are already located, if practical. 2. Place antennas and towers on public property if practical. 3. Place antennas on appropriate rights of way and existing structures, such as buildings, towers, water towers and smokestacks; provided that this shall not include nonconforming structures or uses. 4. Place antennas and towers on industrial property in districts zoned for industrial uses. 5. Place antennas and towers on commercial property in districts zoned for commercial uses. 6. Place antennas and towers on property in districts zoned for mixed commercial and residential use which does not adjoin or adversely impact residential neighborhoods. 7. Place antennas and towers on commercial property in districts zoned for mixed commercial and residential uses. 8. Place antennas and towers on other nonresidential property. 9. Place antennas on multi -family residential structures exceeding thirty feet (30') in height. Exhibit 1 10. Place antennas and towers on property in residential zones only if: a) locations are not available on existing structures or in nonresidential districts; and b) locations are on or in existing churches, parks, schools, utility facilities, or other appropriate public facilities. B. Location In Residential Zones: 1. An applicant that wishes to locate a new antenna support structure in a residential zone shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government facility, a private institutional structure, or other appropriate existing structures within a nonresidential zone, and that due to valid considerations including physical constraints, and economic or technological feasibility, no appropriate location is available. 2. The information submitted by the applicant shall include: a) a map of the area to be served by the tower or antenna, b) its relationship to other cell sites in the applicant's network and a network master plan, and c) an evaluation of existing buildings taller than thirty feet (30'), within one-fourth (1/4) mile of the proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals. (Ord. 535 §2, 2000) 18.13.090: USE PRIORITY ON PUBLIC PROPERTY AND SITING REQUIREMENTS: A. Use Priority: Where public property is sought to be utilized by an applicant, priority for the use of city owned land for wireless antennas and towers will be given to the following entities in descending order: 1. City of Chubbuck; 2. Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the city of Chubbuck and private entities with a public safety agreement with the city of Chubbuck; 3. Other governmental agencies, for uses which are not related to public safety; and 4. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, internet, paging, and similar services that are marketed to the general public. B. Minimum Requirements: The placement of personal wireless service facilities on city owned property must comply with the following requirements: 1. The facilities will not interfere with the purpose for which the city owned property is intended; 2. The facilities will have no significant adverse impact on surrounding properties; 3. The applicant will obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards including cost for removal of facilities at end of lease agreement. The city shall establish fees after considering comparable rates in other cities, potential expenses, risks to the city, and other appropriate factors; 4. The antennas or tower will not interfere with other users which have a higher priority as discussed in subsection A of this section; 5. The lease shall provide that, in the case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice, the city may require the applicant to remove the facilities at the applicant's expense; 6. The applicant must reimburse the city for any related costs which the city incurs because of the presence of the applicant's facilities; 7. The applicant must obtain all necessary land use approvals; 8. The applicant must cooperate with the city's objective to encourage collocations and thus limit the number of cell sites requested, and camouflage the site; and 9. The applicant must comply with requirements for maintenance of the facility site, including, but not limited to, keeping lawns mowed, providing litter control and maintaining trees and other vegetation in a healthy state, or such stricter requirements as may be set forth in any design review meeting minutes or conditional use permit, or decision of a reviewing body. Exhibit 1 C. Special Requirements For Parks: The use of city owned parks for personal wireless service facilities brings with it special concerns due to the unique nature of these sites. The placement of personal wireless service facilities in a park will be allowed only when the following additional requirements are met: 1. The land use and development commission has granted a conditional use permit for the proposed personal wireless service facilities to be located in the park; 2. Before personal wireless service facilities may be located in public parks, the applicant shall demonstrate to the satisfaction of the city of Chubbuck that visual impacts have been mitigated to the fullest extent reasonably possible and that accommodations have been included in the design and placement so that there would be no disruption of normal public use of the park; 3. The applicant shall clearly demonstrate that the placement of the personal wireless service facilities in a public park is absolutely necessary for the effective operation of the applicant's personal wireless service, and that alternate placement would not be reasonably possible. D. Required Submittals: Design review, application for conditional use permit, building permit, and other related requests may include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information in addition to the requirements of applicable codes and regulations of the city of Chubbuck: 1. Photo simulations of the proposed facility from affected residential properties and public rights of way at varying distances; 2. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, and the proposed color(s) of the facility; 3. A signed statement indicating that: a) the applicant and landowner agree they will diligently negotiate in good faith to facilitate collocation of additional personal wireless service facilities by other providers on the applicant's structure or within the same site location and b) the applicant and/or landlord agree to remove the facility within sixty (60) days after abandonment; 4. Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC para. 1. 1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment; 5. A site plan clearly indicating the location, type and height of the proposed tower and antenna, on site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures; 6. A current map and aerial showing the location of the proposed tower, a map showing the locations and service areas of other personal wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city; 7. Legal description of the parcel, if applicable; 8. A current map showing all existing towers and antennas of the applicant located within the city; 9. The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties; 10. A landscape plan showing specific landscape materials; 11. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination; 12. A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations; 13. A statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users; and, if not, the reasons it will not accommodate collocation; 14. Certification acceptable to the city that the equipment, facilities or their use will not interfere with other adjacent or neighboring transmission or reception functions or other neighborhood uses; Exhibit 1 ti.................... 15. The telecommunications company must demonstrate that it is licensed by the FCC if required to be licensed under FCC regulations; 16. If the applicant is not the telecommunications service provider, the applicant shall submit proof of lease agreements with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC; 17. A full site plan shall be required for all sites, showing the tower, antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this chapter; and 18. At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the city. (Ord. 755, 2016) 18.13.100: COLLOCATION: A. To minimize adverse visual impacts associated with the proliferation of towers, collocation of personal wireless service facilities on existing or new towers is encouraged as follows: 1. Proposed facilities shall collocate onto existing towers wherever reasonably feasible. Such collocation is permitted outright and new or additional conditional use permit approval is not required, except that any other permit, license, lease, or franchise requirements must be satisfied, and the collocation must be accomplished in a manner consistent with the policy, site criteria, and landscape/screening provisions contained in this chapter. 2. The conditional use permit requirement for a facility may not be required in nonresidential zones if the applicant locates the antenna on an existing structure or an existing tower. The applicant must submit detailed plans to the building official to determine if the conditional use permit process and public hearing is required. 3. The city may deny an application to construct new facilities if the applicant has not shown by substantial evidence that it has made a diligent effort to mount the facilities on an existing structure or tower. 4. To reduce the number of antenna support structures needed in the city in the future, new proposed support structures shall be designed to accommodate antennas for more than one user, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons. 5. Unless collocation is not feasible: a) an applicant's site plan shall reserve an area for other providers' equipment near the base of the applicant's tower. A first right of refusal (which is either executed or maintained while the provider's personal wireless facilities and services are in use) to lease the area at the base of the tower or mount for other providers will meet the reservation requirement, and b) the site plan for towers in excess of one hundred feet (100') above ground level must propose space for two (2) comparable providers, while the site plan for towers one hundred feet (100') or less must propose space for one comparable provider. To provide further incentive for collocation, an existing tower may be modified as a matter of right to accommodate collocation without new or additional conditional use permits, provided the additional antenna shall be of the same type as that on the existing tower unless additional height requires a conditional use permit and the following conditions are met: a. Height: An existing tower, other than a tower constituting a nonconforming use pursuant to section 18.13.040 of this chapter may be modified or rebuilt to a taller height, not to exceed twenty feet (20') over the tower's existing height and not to exceed the maximum height permitted under this chapter, and subject to the other provisions of this chapter, including by way of example, and not limitation any applicable requirements or conditional use and building permits. The height change may occur only once per tower. b. Signs Prohibited: Except as set forth herein, no signs, banners or similar devices or materials may be attached to the tower, antenna support structures or antennas. B. While collocation and the requirements herein are encouraged, collocation shall not take precedence over the construction of shorter towers with appropriate screening. (Ord. 535 §2, 2000) 18.13.110: DESIGN CRITERIA: A. As provided above, new facilities shall be designed to accommodate collocation, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons. B. Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site. Exhibit 1 ti.................... 1. Setback: A tower's setback shall be measured from the base of the tower to the property line of the parcel on which it is located. In residential districts and residential land use areas, where permitted, towers shall be set back from all property lines a distance equal to one hundred percent (100%) of tower height as measured from ground level, unless applicant demonstrates that because of design, landscaping or screening, unusual geographic limitations or other public policy considerations such a setback is unnecessary and the city, in its sole discretion, determines such a setback is not necessary. All other towers shall comply with the minimum setback requirements of the area in which they are located in all other zoning districts, unless there are unusual geographical limitations or other public policy considerations as determined in the sole and absolute discretion of the city. Such considerations shall include by way of illustration and not limitation, but are not limited to: a. Impact on adjacent properties; b. Alternative sites for personal wireless facilities; and c. The extent to which screening and camouflaging will mitigate the effects of the personal wireless facilities. 2. Right Of Way Setback Exception: The setback requirement may be waived if the antenna and antenna support structure is located in the city right of way. 3. View Corridors: Due consideration shall be given so that placement of towers, antennas, and personal wireless service facilities do not obstruct or significantly diminish views. 4. Color: Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA. Security fencing should be colored or should be of a design which blends into the character of the existing neighborhood. 5. Lights, Signals And Signs: No signals, lights, or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required, in cases where there are residences located within a distance which is three hundred percent (300%) of the height of the tower, then dual mode lighting shall be requested from the FAA. 6. Equipment Structures: Ground level equipment, buildings, and the tower base shall be screened from public view. All such structures shall be considered primary structures, not accessory structures. The standards for the equipment buildings are as follows: a. The maximum floor area is three hundred (300) square feet and the maximum height is twelve feet (12'). Except in unusual circumstances or for other public policy considerations the equipment building may be located no more than two hundred fifty feet (250') from the tower or antenna. Depending upon the aesthetics and other issues, the city, in its sole discretion, may approve multiple equipment structures or one or more larger structures. b. Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified herein or in other city ordinances, code sections or regulations. c. Equipment buildings mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof mounted antennas may also be located within the building on which the antenna is mounted. d. In instances where equipment buildings are located in residential zones, equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures. e. Equipment buildings, antenna, and related equipment shall occupy no more than twenty five percent (25%) of the total roof area of the building the facility is mounted on, which may vary in the city's sole discretion if collocation and an adequate screening structure is used. f. The use must be approved on a site plan or final development plan, as applicable. 7. Federal Requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If those standards and regulations are changed, then personal wireless service providers governed by this chapter shall bring their towers and antennas into compliance with the revised standards and regulations within Exhibit 1 three (3) months of their effective date or the time lines provided by the revised standards and regulations, whichever time period is longer. The revised standards and regulations are not retroactively applicable to existing providers, unless otherwise provided or permitted by federal law. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for the city to remove a provider's facilities at the provider's expense. 8. Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes and the applicable standards for towers that are published by the Electronic Industries Association ("EIA"), as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring the tower into compliance with such standards. If the owner fails to bring its tower into compliance within thirty (30) days, the city may remove the tower at the owner's expense. If the structure is determined by the city to pose an imminent danger to the public, the city shall be entitled to abate the danger through the processes and according to the timetables of the international building code and the 1997 uniform code for the abatement of dangerous buildings. 9. Structural Design: Towers shall be constructed to the EIA standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing towers shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested. The antenna and its support structure shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guywires. 10. Antenna Support Structure Safety: The applicant shall demonstrate that the proposed antenna and support structure is safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturers. 11. Tower And Antenna Height: The applicant shall demonstrate that the tower and antenna is the minimum height required to function satisfactorily; provided additional height beyond the minimum may be allowed if necessary to accommodate collocation. No tower or antenna that is taller than this minimum height shall be approved unless necessary to accommodate collocation. No tower or mount shall exceed one hundred feet (100') in any park, industrial zone or commercial zone. Towers in residential areas are not allowed unless integrated with another structure. A variance from the height limit may be granted if the applicant can show by clear and convincing evidence that the additional height is necessary to provide adequate service to the residents of the city and no other alternative is available. 12. Required Parking: If the cell site is fully automated, adequate paved parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off street parking shall be made and documentation thereof provided to the city. 13. Tower Separation: In no case shall towers be located closer than five hundred feet (500') from another tower whether it is owned or utilized by applicant or another provider, unless the city designates areas where multiple towers can be located in closer proximity. 14. Antenna Criteria: Antennas on or above a structure shall be subject to the following: a. The antenna shall be as architecturally compatible as reasonably possible, with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact. b. The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless it must be for technical reasons. In no event shall an antenna project more than sixteen feet (16') above the roofline including parapets. c. The antenna shall be constructed, painted, or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted. d. The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure. Exhibit 1 ................ .............. e. If an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color. f. The structure must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation, and uses. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the facility. g. Site location and development shall preserve the preexisting character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques shall be evaluated by the city, in the city's sole discretion. h. In addition to the other requirements of this chapter, on buildings thirty feet (30') or less in height, the antenna may be mounted on the roof if the following additional criteria are satisfied: (1) The city finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall. (2) No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein. (3) The antenna or antennas and related base stations cover no more than an aggregate total of twenty five percent (25%) of the roof area of a building, which may vary in the city's sole discretion, if collocating and an adequate screening structure is used. (4) Roof mounted antenna and related base stations are completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building. (5) No portion of the antenna may exceed sixteen feet (16') above the height of the existing building. i. If a proposed antenna is located on a building or a lot subject to a site review, approval is required prior to the issuance of a building permit. j. No antenna shall be permitted on property designated as an individual landmark or as a part of a historic district, unless such antenna has been approved in accordance with city ordinances and regulations. k. No personal wireless service provider or lessee or agent thereof shall fail to cooperate in good faith to accommodate collocation with competitors. If a dispute arises about the feasibility of collocating, the city may require a third party technical study, at the expense of either or both parties, to resolve the dispute. I. No personal wireless service provider or lessee shall fail to assure that its antenna complies at all times with the current applicable FCC standards. After installation, but prior to putting the antenna service, each provider shall submit a certification by an independent professional engineer to that effect. In the event that an antenna is collocated with another antenna, the certification must provide assurances that FCC approved levels of electromagnetic radiation will not be exceeded by the collocation. m. Antennas shall comply with FCC regulations to minimize interference with the reception of any other communications signals including public safety, television, and radio broadcast signals. n. No person shall locate an antenna or tower for wireless communications services upon any lot or parcel except as provided in this chapter. (Ord. 755, 2016) 18.13.120: PERMITS REQUIRED: Where a tower or antenna support structure will be sixty feet (60') or less in height, in addition to the other provisions of this chapter, an applicant will be required to submit the plan to the design review committee for review. In the event that a proposed tower or antenna support structure will be located in a residential zone, park, or mixed residential and commercial zone, or will be more than sixty feet (60') in height, in addition to the other provisions of this chapter, an applicant will be required to obtain a conditional use permit, unless located in an industrial zone, in which case the structure is a permitted use. With respect to the placement of antenna on a tower or antenna support structure, the requirements for a conditional use permit will be applicable based on the height of the tower and antenna or mount and antenna unless this chapter provides other requirements to the contrary. Exhibit 1 ti ........... Project permit review procedures shall be as specified in the ordinances, codes, resolutions and regulations of ........: the city of Chubbuck. The following table specifies the permits required for the various types of personal wireless service facilities that meet the standards of this chapter: TYPE OF PERMIT Type Of Facility Building CUP Rights Of Way Use Towers >60 feet or towers or antenna in residential zones, park Yes Yes Yes or mixed residential and (if applicable) (if applicable) commercial zones but not industrial Structure mounted wireless Yes Yes facilities (if applicable) (if applicable) Building mounted wireless facilities Yes (if applicable) Yes (if applicable) Modification of existing facilities to Yes Yes Yes accommodate collocation (if applicable) (if applicable) (if applicable) Towers >60 feet in industrial zones Yes (if applicable) No Yes (if applicable) To meet the standards of this chapter, a personal wireless service facility must also comply with the other requirements under this chapter and with the following: For antennas attached to the roof or sides of a building at least thirty feet (30') in height, an existing tower, a water tank, or a similar structure: A. Type: The antenna must be either: 1. An omnidirectional or whip antenna no more than seven inches (7) in diameter and extending no more than sixteen feet (16') above the structure to which it is attached; or 2. A panel antenna no more than two feet (2') wide and six feet (6) long, extending above the structure to which it is attached by no more than ten feet (10'). B. Height: Antennas mounted on existing structures in any residential zone, park, or mixed residential and commercial zone, not exceeding sixteen feet (16') in height, may be permitted following a design review and submittal of an affidavit of compliance, with this chapter and other city regulations. C. Other Height Restrictions: Antenna, antenna arrays, and support structures not on publicly owned property shall not extend more than sixteen feet (16') above the highest point of the structure on which they are mounted. D. Setback From Street: Unless there are unusual geographic limitations or other public policy considerations, as determined in the city's sole discretion, no such antenna, antenna array, or its support structure shall be erected or maintained closer to any street than the minimum setback for the zone in which it is located unless otherwise waived or exempt. E. Guywires Restricted: No guy or other support wires shall be used in connection with such antenna, antenna array, or its support structure except when used to anchor the antenna, antenna array, or support structure to an existing building to which such antenna, antenna array, or support structure is attached. F. Exemption: To the extent that antennas are attached to electric, phone or light poles and such antennas are no more than two feet (2') in height, design review and building permit review will be required, but such antennas shall not be subject to setbacks and screening requirements. (Ord. 535 §2, 2000) 18.13.130: INSPECTION REQUIREMENTS: Exhibit 1 Each year after a facility becomes operational, the facility operator shall conduct a safety inspection in accordance with the EIA and FCC standards and within sixty (60) days of the inspection file a report with the city. Submission of a copy of FCC required, and duly filed, safety inspection report, or the facility operator's maintenance reports for the prior twelve (12) months in the event no FCC report is required for such year, shall satisfy the requirements of this section. (Ord. 755, 2016) 18.13.140: LANDSCAPING; SCREENING: A. Landscaping: Landscaping, as described herein, shall be required to screen personal wireless service facilities as much as possible, to soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required. B. Screening: The visual impacts of a personal wireless service facility shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering shall be required around the perimeter of the tower and accessory structures, except that the city may waive the standards for those sides of the facility that are not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements. 1. A row of evergreen trees a minimum of six feet (6') tall at planting a maximum of six feet (6') apart shall be planted around the perimeter of the fence; and 2. A continuous hedge at least thirty six inches (36") high at planting capable of growing to at least forty eight inches (48") in height within eighteen (18) months shall be planted in front of the tree line referenced above. 3. In the event that landscaping is not maintained at the level required herein or as required in any design review or conditional use permit, or decision of a reviewing body, the city after giving thirty (30) days' advance written notice may maintain or establish the landscaping and bill both the owner and lessee for such costs until such costs are paid in full. (Ord. 535 §2, 2000) 18.13.150: NONUSE; ABANDONMENT: No less than thirty (30) days prior to the date that a personal wireless service provider plans to abandon or discontinue operation of a facility, the provider must notify the city of Chubbuck by certified U.S. mail or personal delivery to the city clerk of the proposed date of abandonment or discontinuation of operation. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the city's discovery of discontinuation of operation. Upon such abandonment, the provider shall have sixty (60) days or additional period of time determined in the reasonable discretion of the city within which to: A. Reactivation: Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or B. Collocation: In the event that "abandonment" as defined in this chapter occurs due to relocation of an antenna at a lower point on the antenna support structure, reduction in the effective radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the tower shall have six (6) months from the date of effective abandonment to collocate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove that portion of the tower which exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to personal wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the providers' towers in the city or surrounding area then all of the towers within the city shall similarly be reduced in height. C. Dismantle And Removal Facility: If the tower, antenna, foundation, and facility are not removed within the sixty (60) day time period or additional period of time allowed by the city, the city may remove such tower, antenna, foundation, and related facility at the provider's expense. If there are two (2) or more providers collocating on a facility, except as provided for in the subsection above, this provision shall not become effective until all providers cease using the facility. At the earlier of sixty (60) days from the date of abandonment without reactivating or upon completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 535 §2, 2000) Exhibit 1 18.13.160: THIRD PARTY REVIEW: � Personal wireless service providers use various methodologies and analyses, including geographically based computer software, to determine the specific technical parameters of their services and low power mobile radio service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, a third party expert may need to review the technical data submitted by a provider. The city may require a technical review as part of a permitting process. The costs of the technical review shall be borne by the provider. The selection of the third party expert may be by mutual agreement between the provider and the city, or at the discretion of the city, with a provision for the provider and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to address interference and public safety issues and be a site specific review of technical aspects of the facilities or a review of the provider's methodology and equipment used and not a subjective review of the site which was selected by a provider. Based on the results of the expert review, the city may require changes to the provider's application. The expert review shall address the following: A. The accuracy and completeness of submissions; B. The applicability of analysis techniques and methodologies; C. The validity of conclusions reached; and D. Any specific technical issues designated by the city. (Ord. 535 §2, 2000) 18.13.170: REMEDIES: A. Any person violating any of the provisions of this chapter upon conviction shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment for a period of up to ninety (90) days, or by both such fine and imprisonment, for each day during which an offense occurs. B. In addition to receiving any monetary remuneration, the city shall have the right to seek injunctive relief for any and all violations of this chapter, and for other relief and/or remedies provided at law or in equity. (Ord. 535 §2, 2000) Exhibit 2 126 STAT. 232 PUBLIC LAW 112-96—FEB. 22, 2012 (c) UNLICENSED USE IN GUARD BANDS.—The Commission may permit the use of such guard bands for unlicensed use. Determination. (d) DATABASE.—Unlicensed use shall rely on a database or subsequent methodology as determined by the Commission. (e) PROTECTIONS AGAINST HARMFUL INTERFERENCE.—The Commission may not permit any use of a guard band that the Commission determines would cause harmful interference to licensed services. SEC. 6408. STUDY ON RECEIVER PERFORMANCE AND SPECTRUM EFFI- CIENCY. (a) IN GENERAL.—The Comptroller General of the United States shall conduct a study to consider efforts to ensure that each trans- mission system is designed and operated so that reasonable use of adjacent spectrum does not excessively impair the functioning of such system. (b) REQUIRED CONSIDERATIONS.—In conducting the study required by subsection (a), the Comptroller General shall consider— (1) the value of— (A) improving receiver performance as it relates to increasing spectral efficiency; (B) improving the operation of services that are located in adjacent spectrum; and (C) narrowing the guard bands between adjacent spec- trum use; (2) the role of manufacturers, commercial licensees, and government users with respect to their transmission systems and the use of adjacent spectrum; (3) the feasibility of industry self -compliance with respect to the design and operational requirements of transmission systems and the reasonable use of adjacent spectrum; and (4) the value of action by the Commission and the Assistant Secretary to establish, by rule, technical requirements or stand- ards for non -Federal and Federal use, respectively, with respect to the reasonable use of portions of the radio spectrum that are adjacent to each other. (c) REPORT.—Not later than 1 year after the date of the enact- ment of this Act, the Comptroller General shall submit a report on the results of the study required by subsection (a) to the Com- mittee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (d) TRANSMISSION SYSTEM DEFINED.—In this Section, the term "transmission system" means any telecommunications, broadcast, satellite, commercial mobile service, or other communications system that employs radio spectrum. 47 USC 1455. SEC. 6409. WIRELESS FACILITIES DEPLOYMENT. (a) FACILITY MODIFICATIONS.— (1) IN GENERAL.—Notwithstanding section 704 of the Tele- communications Act of 1996 (Public Law 104-104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modifica- tion of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. Definition. (2) ELIGIBLE FACILITIES REQUEST.—For purposes of this subsection, the term "eligible facilities request" means any Exhibit 2 PUBLIC LAW 112-96—FEB. 22, 2012 126 STAT. 233 request for modification of an existing wireless tower or base station that involves— (A) collocation of new transmission equipment; (B) removal of transmission equipment; or (C) replacement of transmission equipment. (3) APPLICABILITY OF ENVIRONMENTAL LAws.—Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act or the National Environmental Policy Act of 1969. (b) FEDERAL EASEMENTS AND RIGHTS-OF-WAY.— (1) GRANT.—If an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organiza- tion applies for the grant of an easement or right-of-way to, in, over, or on a building or other property owned by the Federal Government for the right to install, construct, and maintain wireless service antenna structures and equipment and backhaul transmission equipment, the executive agency having control of the building or other property may grant to the applicant, on behalf of the Federal Government, an easement or right-of-way to perform such installation, construc- tion, and maintenance. (2) APPLICATION.—The Administrator of General Services shall develop a common form for applications for easements and rights-of-way under paragraph (1) for all executive agencies that shall be used by applicants with respect to the buildings or other property of each such agency. (3) FEE.— (A) IN GENERAL.—Notwithstanding any other provision of law, the Administrator of General Services shall estab- lish a fee for the grant of an easement or right-of-way pursuant to paragraph (1) that is based on direct cost recovery. (B) EXCEPTIONS.—The Administrator of General Serv- ices may establish exceptions to the fee amount required under subparagraph (A)— (i) in consideration of the public benefit provided by a grant of an easement or right-of-way; and (ii) in the interest of expanding wireless and broadband coverage. (4) USE OF FEES COLLECTED.—Any fee amounts collected by an executive agency pursuant to paragraph (3) may be made available, as provided in appropriations Acts, to such agency to cover the costs of granting the easement or right- of-way. (C) MASTER CONTRACTS FOR WIRELESS FACILITY SITINGS.— (1) IN GENERAL.—Notwithstanding section 704 of the Tele- Deadline. communications Act of 1996 or any other provision of law, and not later than 60 days after the date of the enactment of this Act, the Administrator of General Services shall— (A) develop 1 or more master contracts that shall govern the placement of wireless service antenna structures on buildings and other property owned by the Federal Government; and (B) in developing the master contract or contracts, standardize the treatment of the placement of wireless service antenna structures on building rooftops or facades, the placement of wireless service antenna equipment on Exhibit 2 126 STAT. 234 PUBLIC LAW 112-96—FEB. 22, 2012 rooftops or inside buildings, the technology used in connec- tion with wireless service antenna structures or equipment placed on Federal buildings and other property, and any other key issues the Administrator of General Services considers appropriate. (2) APPLICABILITY.—The master contract or contracts devel- oped by the Administrator of General Services under paragraph (1) shall apply to all publicly accessible buildings and other property owned by the Federal Government, unless the Administrator of General Services decides that issues with respect to the siting of a wireless service antenna structure on a specific building or other property warrant nonstandard treatment of such building or other property. (3) APPLICATION.—The Administrator of General Services shall develop a common form or set of forms for wireless service antenna structure siting applications under this subsection for all executive agencies that shall be used by applicants with respect to the buildings and other property of each such agency. (d) EXECUTIVE AGENCY DEFINED.—In this section, the term "executive agency" has the meaning given such term in section 102 of title 40, United States Code. SEC. 6410. FUNCTIONAL RESPONSIBILITY OF NTIA TO ENSURE EFFI- 10)1DQV alK)DEG) ZyWD110017 IMA Section 103(b)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(b)(2)) is amended by adding at the end the following: "(U) The responsibility to promote the best possible and most efficient use of electromagnetic spectrum resources across the Federal Government, subject to and consistent with the needs and missions of Federal agen- cies.". 47 USC 1456. SEC. 6411. SYSTEM CERTIFICATION. Deadline. Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall update and revise section 33.4 of OMB Circular A-11 to reflect the recommendations regarding such Circular made in the Commerce Spectrum Management Advisory Committee Incentive Subcommittee report, adopted January 11, 2011. SEC. 6412. DEPLOYMENT OF 11 GHZ, 18 GHZ, AND 23 GHZ MICROWAVE BANDS. (a) FCC REPORT ON REJECTION RATE.—Not later than 9 months after the date of the enactment of this Act, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the rejection rate for the spectrum described in subsection (c). (b) GAO STUDY ON DEPLOYMENT.— (1) IN GENERAL.—The Comptroller General of the United States shall conduct a study to assess whether the spectrum described in subsection (c) is being deployed in such a manner that, in areas with high demand for common carrier licenses for the use of such spectrum, market forces— (A) provide adequate incentive for the efficient use of such spectrum; and Federal Communications Commission Exhibit 3 in CDBS or any successor database. No- tification to an AM station and any re- sponses may be oral or written. If such notification and/or response is oral, the party providing such notification or re- sponse must supply written docu- mentation of the communication and written documentation of the date of communication upon request of the other party to the communication or the Commission. Notification must in- clude the relevant technical details of the proposed tower construction or modification. At a minimum, the noti- fication should include the following: (1) Proponent's name and address. Coordinates of the tower to be con- structed or modified. (2) Physical description of the planned structure. (3) Results of the analysis showing the predicted effect on the AM pattern, if performed. (b) Response to a notification should be made as quickly as possible, even if no technical problems are anticipated. Any response to a notification indi- cating a potential disturbance of the AM radiation pattern must specify the technical details and must be provided to the proponent within 30 days. If no response to notification is received within 30 days, the proponent may pro- ceed with the proposed tower constru� tion or modification. (c) The 30 -day response period is cal- culated from the date of receipt of th notification by the AM station. If no fication is by mail, this date may ascertained by: (1) The return receipt on certified mail; (2) The enclosure of a card to be dated and returned by the recipient; or (3) A conservative estimate of the time required for the mail to reach its destination, in which case the esti- mated date when the 30 -day period would expire shall be stated in the no tification. (d) An expedited notification perio (less than 30 days) may be requested when deemed necessary by the pro- ponent. The notification shall be iden- tified as "expedited" and the requested response date shall be clearly indi- cated. The proponent may proceed with the proposed tower construction or modification prior to the expiration of § 1.40001 the 30 -day notification period only upon receipt of written concurrence from the affected AM station (or oral concurrence, with written confirma- tion to follow). (e) To address immediate and urgent communications needs in the event of an emergency situation involving es- sential public services, public health, or public welfare, a tower proponent may erect a temporary new tower or make a temporary significant modi- fication to an existing tower without prior notice to potentially affected nearby AM stations, provided that the tower proponent shall provide written notice to such AM stations within five days of the construction or modifica- tion of the tower and shall cooperate with such AM stations to promptly remedy any pattern distortions that arise as a consequence of such con- struction. MAFR_rA9Q5 1V- 5 2Qlgl Subpart CC—State and Local Re- view of Applications for Wire- less Service Facility Modifica- tion SOURCE: 80 FR 1269, Jan. 8, 2015, unless oth- erwise noted. §1.40001 Wireless Facility Modifica- tions. (a) Purpose. These rules implement section 6409 of the Spectrum Act (codi- fied at 47 U.S.C. 1455), which requires a State or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not substan- tially change the physical dimensions of such tower or base station. (b) Definitions. Terms used in this section have the following meanings. (1) Base station. A structure or equip- ment at a fixed location that enables Commission -licensed or authorized wireless communications between user equipment and a communications net- work. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower. (i) The term includes, but is not lim- ited to, equipment associated with wireless communications services such as private, broadcast, and public safety 469 § 1.40001 a Ion Ion Ion Ion Ion Ion .L Exhibit 3 services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (ii) The term includes, but is not lim- ited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell net- works). (iii) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equip- ment described in paragraphs (b)(1)(i) through (ii) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regu- latory review process, even if the struc- ture was not built for the sole or pri- mary purpose of providing such sup- port. (iv) The term does not include any structure that, at the time the rel- evant application is filed with the State or local government under this section, does not support or house equipment described in paragraphs (b)(1)(i)-(ii) of this section. (2) Collocation. The mounting or in- stallation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiv- ing radio frequency signals for commu- nications purposes. (3) Eligible facilities request. Any re- quest for modification of an existing tower or base station that does not substantially change the physical di- mensions of such tower or base station, involving: (i) Collocation of new transmission equipment; (ii) Removal of transmission equip- ment; or (iii) Replacement of transmission equipment. (4) Eligible support structure. Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the State or local govern- ment under this section. (5) Existing. A constructed tower or base station is existing for purposes of this section if it has been reviewed and 47 CFR Ch. 1 (10-1-15 Edition) approved under the applicable zoning or siting process, or under another State or local regulatory review proc- ess, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. (6) Site. For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned prop- erty surrounding the tower and any ac- cess or utility easements currently re- lated to the site, and, for other eligible support structures, further restricted to that area in proximity to the struc- ture and to other transmission equip- ment already deployed on the ground. (7) Substantial change. A modification substantially changes the physical di- mensions of an eligible support struc- ture if it meets any of the following criteria: (i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to ex- ceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; (A) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimen- sions of the tower or base station, in- clusive of originally approved appur- tenances and any modifications that were approved prior to the passage of the Spectrum Act. (ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the ap- purtenance, whichever is greater; for other eligible support structures, it in- volves adding an appurtenance to the body of the structure that would pro- trude from the edge of the structure by more than six feet; 470 Federal Communications Commission Exhibit 3 i. n ...........Insole (iii) For any eligible support struc- ture, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabi- nets; or, for towers in the public rights- of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves in- stallation of ground cabinets that are more than 10% larger in height or over- all volume than any other ground cabi- nets associated with the structure; (iv) It entails any excavation or de- ployment outside the current site; (v) It would defeat the concealment elements of the eligible support struc- ture; or (vi) It does not comply with condi- tions associated with the siting ap- proval of the construction or modifica- tion of the eligible support structure or base station equipment, provided how- ever that this limitation does not apply to any modification that is non- compliant only in a manner that would not exceed the thresholds identified in § 1.40001(b)(7)(i) through (iv). (8) Transmission equipment. Equip- ment that facilitates transmission for any Commission -licensed or authorized wireless communication service, in- cluding, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term in- cludes equipment associated with wire- less communications services includ- ing, but not limited to, private, broad- cast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as micro- wave backhaul. (9) Tower. Any structure built for the sole or primary purpose of supporting any Commission -licensed or authorized antennas and their associated facili- ties, including structures that are con- structed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. (c) Review of applications. A State or local government may not deny and § 1.40001 shall approve any eligible facilities re- quest for modification of an eligible support structure that does not sub- stantially change the physical dimen- sions of such structure. (1) Documentation requirement for re- view. When an applicant asserts in writing that a request for modification is covered by this section, a State or local government may require the ap- plicant to provide documentation or in- formation only to the extent reason- ably related to determining whether the request meets the requirements of this section. A State or local govern- ment may not require an applicant to submit any other documentation, in- cluding but not limited to documenta- tion intended to illustrate the need for such wireless facilities or to justify the business decision to modify such wire- less facilities. (2) Timeframe for review. Within 60 days of the date on which an applicant submits a request seeking approval under this section, the State or local government shall approve the applica- tion unless it determines that the ap- plication is not covered by this section. (3) Tolling of the timeframe for review. The 60 -day period begins to run when the application is filed, and may be tolled only by mutual agreement or in cases where the reviewing State or local government determines that the application is incomplete. The time- frame for review is not tolled by a mor- atorium on the review of applications. (i) To toll the timeframe for incom- pleteness, the reviewing State or local government must provide written no- tice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Such delin- eated information is limited to docu- ments or information meeting the standard under paragraph (c)(1) of this section. (ii) The timeframe for review begins running again when the applicant makes a supplemental submission in response to the State or local govern- ment's notice of incompleteness. (iii) Following a supplemental sub- mission, the State or local government will have 10 days to notify the appli- cant that the supplemental submission 471 Pt. 1, App. A Exhibit 3 did not provide the information identi- fied in the original notice delineating missing information. The timeframe is tolled in the case of second or subse- quent notices pursuant to the proce- dures identified in this paragraph (c)(3). Second or subsequent notices of incompleteness may not specify miss- ing documents or information that were not delineated in the original no- tice of incompleteness. (4) Failure to act. In the event the re- viewing State or local government fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the ap- plicant notifies the applicable review- ing authority in writing after the re- view period has expired (accounting for any tolling) that the application has been deemed granted. (5) Remedies. Applicants and review- ing authorities may bring claims re- lated to Section 6409(a) to any court of competent jurisdiction. [80 FR 1269, Jan. 8, 20151 EFFECTIVE DATE NOTE: At 80 FR 1269, Jan. 8, 2015, §1.40001 was added. Paragraphs 1.40001(c)(3)(i), (iii), and (c)(4) contain infor- mation collection and recordkeeping require- ments and will not become effective until ap- proval has been given by the Office of Man- agement and Budget. APPENDIX A TO PART 1—_7�_ PLAN OF CO- OPERATIVE PROCEDURE IN MATTERS AND CASES UNDER THE PROVISIONS OF SECTION 410 OF THE COMMUNICA- TIONS ACT OF 1934 (Approved by the Federal Communications Commission October 25, 1938, and approved by the National Association of Railroad and Utilities Commissioners on November 17, 1938.) PRELIMINARY STATEMENT CONCERNING THE PURPOSE AND EFFECT OF THE PLAN Section 410 of the Communications Act of 1934 authorizes cooperation between the Fed- eral Communications Commission, herein- after called the Federal Commission, and the State commissions of the several States, in the administration of said Act. Subsection (a) authorizes the reference of any matter arising in the administration of said Act to a board to be composed of a member or mem- bers from each of the States in which the wire, or radio communication affected by or 47 CFR Ch. 1 (10-1-15 Edition) involved in the proceeding takes place, or is proposed. Subsection (b) authorizes con- ferences by the Federal Commission with State commissions regarding the relation- ship between rate structures, accounts, charges, practices, classifications, and regu- lations of carriers subject to the jurisdiction of such State commissions and of said Fed- eral Commission and joint hearings with State commissions in connection with any matter with respect to which the Federal Commission is authorized to act. Obviously, it is impossible to determine in advance what matters should be the subject of a conference, what matters should be re- ferred to a board, and what matters should be heard at a joint hearing of State commis- sions and the Federal Commission. It is un- derstood, therefore, that the Federal Com- mission or any State commission will freely suggest cooperation with respect to any pro- ceedings or matter affecting any carrier sub- ject to the jurisdiction of said Federal Com- mission and of a State commission, and con- cerning which it is believed that cooperation will be in the public interest. To enable this to be done, whenever a pro- ceeding shall be instituted before any com- mission, Federal or State, in which another commission is believed to be interested, no- tice should be promptly given each such in- terested commission by the commission be- fore which the proceeding has been insti- tuted. Inasmuch, however, as failure to give notice as contemplated by the provisions of this plan will sometimes occur purely through inadvertence, any such failure should not operate to deter any commission from suggesting that any such proceeding be made the subject matter of cooperative ac- tion, if cooperation therein is deemed desir- able. It is understood that each commission whether or not represented in the National Association of Railroad and Utilities Com- missioners, must determine its own course of action with respect to any proceeding in the light of the law under which, at any given time, it is called upon to act, and must be guided by its own views of public policy; and that no action taken by such Association can in any respect prejudice such freedom of action. The approval by the Association of this plan of cooperative procedure, which was jointly prepared by the Association's standing Committee on Cooperation between Federal and State commissions and said Fed- eral Commission, is accordingly rec- ommendatory only; but such plan is designed to be, and it is believed that it will be, a helpful step in the promotion of cooperative relations between the State commissions and said Federal Commission. 472