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HomeMy WebLinkAbout02 09 2021_1a0"(_\\_ CHUBBUCK 1 0 R H a City of Chubbuck Land Use and Development Commission Regular Meeting February 9, 2021 7:00 PM 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): https://us02web.zoom.us/I/83872335833?pwd=MnNQaFR4eGIDcHhrTko2SO900HIOUT09 Telephone: Dial by your location +1669 900 6833 U5 +1253 215 8782 US Meeting ID: 838 7233 5833 Passcode: 504164 General information on joining a Zoom meeting can be found at https://support.zoom.us/hc/en- us/articles/201362193-Joining-a-Meeting. AGENDA I. CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST II. APPROVAL OF MINUTES for January 12, 2021 (Action Item) III. GENERAL BUSINESS 1. 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 Telecorrununications Facilities. Type of Action: Discussion. (Action Item) 2. The Commission will discuss the March Meeting Date/Location. (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. Z&�'�'\_ CHUBBUCK 1 0 R H 0 City of Chubbuck Land Use and Development Commission Regular Meeting .January 12, 2021 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, Thais Ayre, Carrie Holm, Brady Smith, Brandon Jackson and TJ Budge. Staff Members Present: City Attorney Torn Holmes, Planning Manager Don Matson, Development Manager Sean Harris, and City Clerk Joey Bowers. Mendenhall called the meeting to order at 7:00prn Mendenhall asked if any commissioners had a conflict of interest within the items before the board. None were reported. APPROVAL OF THE MINUTES: November 10, 2020 Mendenhall entertained a motion to approve the minutes as emailed. Jackson moved to accept the meeting minutes of November 10, 2020 as emailed; Schwartz seconded. The full authority approved. GENERAL BUSINESS 1. 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: Recommendation. Jesse Reynolds, Menlove Construction, represented the applicant. Mr. Reynolds presented a preliminary plat for storage units. As part of this plat the applicant will be widening W. Chubbuck Rd. and constructing Hiram Ave. along the property frontages. Development Manager Sean Harris stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and recommended approval. Stoddard made a motion to recommend approval to City Council of the preliminary plat with the understanding that a secondary irrigation system will need to be included. Holm seconded. With all commission members understanding the motion they voted. Roll Call Vote: Mike Schwartz, Yes; Carrie Hohn, Yes; Brady Smith, Yes; Dan Stoddard, Yes; Brandon Jackson, Yes; TJ Budge, Yes; Thais Ayre, Yes; Jason Mendenhall, Yes; Motion carried. 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. Planning Manager Don Matson gave an update to the board about potential amendments to City Code 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, as long as a proposed facility is complying with regulations provided by the Federal Communications Cominission (FCC). Mendenhall asked if the FCC changes only applied to 5G towers. Mr. Matson stated that it applied to all wireless telecommunications facilities. Mendenhall asked if the Board wanted to continue to meet through Zoom or if they wanted to start meeting in person. Attorney Tom Holmes recommended meeting through Zoom for a few more months. The Board decided to continue to meet through Zoom for a few more months. Mendenhall entertained a motion to adjourn; Schwartz made the motion. Holm seconded. All voted to adjourn at 7:21pm. Jason Mendenhall, Chairperson Joey Bowers, City Clerk 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: 338 828 1518 CHUBBUCK 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: February 1, 2021 www.CityofChubbuck.us Re: Discussion of potential amendments to City Code Chapter 18.13 Wireless Telecommunications Facilities To continue the discussion from our January meeting, City Code Chapter 18.13 needs to be updated to meet new criteria from the Federal Communications Commission (FCC). The Spectrum Act, Section 6409(a) and updates to the Code of Federal Regulations (CFR) were discussed briefly, relating to modifications to antennae. Specifically, they mandate a 60 -day "shot clock" time limit for the City to act on applications to modify facilities. After the Spectrum Act was passed and the CFR were updated, the FCC created additional rulings on 90- and 150 -day time frames for additional improvements in facilities in 2018. In 2020, the FCC released further rulings to clarify requirements for the "shot clocks" and fees that might prohibit entry into the market for new or expanded services. The clarifications relate mostly to entities which had created up front delays for applications, such as delaying the start of the shot clock until after a meeting could be held with the applicant. Related documents include FCC Declaratory Ruling 18-133 • 47 CFR 1.6001 • FCC Declaratory Ruling 20-75 The discussion on February 9, 2021 will focus on the various releases by the FCC and facilitating changes in City Code. Attached are synopses of the two declaratory rulings and FCC actions. Exhibits: 1. FCC release on Deployment of Wireless Infrastructure for 5G Connectivity (FCC 18-133) WT Docket No. 17-79; WC Docket No. 17-84 2. FCC 18-133 Appendix A, Final Rules 3. FCC release on Declaratory Ruling and Notice of Proposed Rulemaking (FCC 20-75) WT Docket No. 19-250; RM -11849 Media Contact: Cecilia Sulhoff, (202) 418-0587 cecilia.sulhoff@fcc.gov For Immediate Release FCC FACILITATES DEPLOYMENT OF WIRELESS INFRASTRUCTURE FOR 5G CONNECTIVITY Action Removes Regulatory Barriers to Infrastructure Investment WASHINGTON, September 26, 2018—Today, the Federal Communications Commission took another important step in its ongoing efforts to remove regulatory barriers that inhibit the deployment of infrastructure necessary for 5G and other advanced wireless services. This action, which builds upon those already taken by states and localities to streamline deployment, underscores the FCC's commitment to ensuring that the United States wins the global race to 5G. The first part of the Commission's decision, a Declaratory Ruling, focuses primarily on local fees for the authorizations necessary to deploy small wireless facilities. Specifically, the Declaratory Ruling: • Explains when a state or local regulation of wireless infrastructure deployment constitutes an effective prohibition of service prohibited by Sections 253 or 332(c)(7) of the Communications Act; • Concludes that Section 253 and 332(c)(7) limit state and local governments to charging fees that are no greater than a reasonable approximation of objectively reasonable costs for processing applications and for managing deployments in the rights-of-way. • Removes uncertainty by identifying specific fee levels for small wireless facility deployments that presumably comply with the relevant standard; and • Provides guidance on when certain state and local non -fee requirements that are allowed under the Act—such as aesthetic and undergrounding requirements—may constitute an effective prohibition of service. The second part of the Commission's decision, the Third Report & Order in the Wireless Infrastructure Docket: • Establishes two new shot clocks for small wireless facilities (60 days for collocation on preexisting structures and 90 days for new builds); • Codifies the existing 90 and 150 day shot clocks for wireless facility deployments that do not qualify as small cells that were established in 2009; • Concludes that all state and local government authorizations necessary for the deployment of personal wireless service infrastructure are subject to those shot clocks; and • Adopts a new remedy for missed shot clocks by finding that a failure to act within the new small wireless facility shot clock constitutes a presumptive prohibition on the provision of services. Action by the Commission September 26, 2018 by Declaratory Ruling and Report and Order (FCC 18-133). Chairman Pai, Commissioners O'Rielly and Carr approving. Commissioner Rosenworcel approving in part and dissenting in part. Chairman Pai, Commissioners O'Rielly, Carr, and Rosenworcel issuing separate statements. WT Docket No. 17-79; WC Docket No. 17-84 Office of Media Relations: (202) 418-0500 ASL Videophone: (844) 432-2275 TTY: (888) 835-5322 Twitter: *FCC www.fcc.gov/office-media-relations This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC, 515 F.2d 385 (D. C. Cir. 1974). Federal Communications Commission FCC 18-133 APPENDIX A Final Rules Streamlining State and Local Review of Wireless Facility Siting Applications Part 1—Practice and Procedure 1. Add subpart U to Part 1 of Title 47 to read as follows: Subpart U—State and Local Government Regulation of the Placement, Construction, and Modification of Personal Wireless Service Facilities § 1.6001 Purpose. This subpart implements 47 U.S.C. 332(c)(7) and 1455. § 1.6002 Definitions. Terms used in this subpart have the following meanings: (a) Action or to act on a siting application means a siting authority's grant of a siting application or issuance of a written decision denying a siting application. (b) Antenna, consistent with section 1.1320(d), means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under part 15 of this title. (c) Antenna equipment, consistent with section 1.1320(d), means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna. (d) Antenna facility means an antenna and associated antenna equipment. (e) Applicant means a person or entity that submits a siting application and the agents, employees, and contractors of such person or entity. (f) Authorization means any approval that a siting authority must issue under applicable law prior to the deployment of personal wireless service facilities, including, but not limited to, zoning approval and building permit. (g) Collocation, consistent with section 1.1320(d) and the Nationwide Programmatic Agreement (NPA) for the Collocation of Wireless Antennas, Appendix B of this part, section I.B, means— (1) Mounting or installing an antenna facility on a pre-existing structure, and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. (3) The definition of "collocation" in paragraph (b)(2) of section 1.6100 applies to the term as used in that section. 78 Federal Communications Commission FCC 18-133 (h) Deployment means placement, construction, or modification of a personal wireless service facility. (i) Facility or personal wireless service facility means an antenna facility or a structure that is used for the provision of personal wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services. 0) Siting application or application means a written submission to a siting authority requesting authorization for the deployment of a personal wireless service facility at a specified location. (k) Siting authority means a State government, local government, or instrumentality of a State government or local government, including any official or organizational unit thereof, whose authorization is necessary prior to the deployment of personal wireless service facilities. (1) Small wireless facilities, consistent with section 1.1312(e)(2), are facilities that meet each of the following conditions: (1) The facilities— (i) are mounted on structures 50 feet or less in height including their antennas as defined in section 1.1320(d), or (ii) are mounted on structures no more than 10 percent taller than other adjacent structures, or (iii) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in section 1.1320(d)), is no more than three cubic feet in volume; (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; (4) The facilities do not require antenna structure registration under part 17 of this chapter; (5) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and (6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in section 1.1307(b). (m) Structure means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services). Terms not specifically defined in this section or elsewhere in this subpart have the meanings defined in Part 1 of Title 47 and the Communications Act of 1934, 47 U.S.C. 151 et seq. 79 Federal Communications Commission FCC 18-133 § 1.6003 Reasonable periods of time to act on siting applications (a) Timely action required. A siting authority that fails to act on a siting application on or before the shot clock date for the application, as defined in paragraph (e) of this section, is presumed not to have acted within a reasonable period of time. (b) Shot clock period. The shot clock period for a siting application is the sum of— (1) the number of days of the presumptively reasonable period of time for the pertinent type of application, pursuant to paragraph (c) of this section, plus (2) the number of days of the tolling period, if any, pursuant to paragraph (d) of this section. (c) Presumptively reasonable periods of time. (1) The following are the presumptively reasonable periods of time for action on applications seeking authorization for deployments in the categories set forth below: (i) Review of an application to collocate a Small Wireless Facility using an existing structure: 60 days. (ii) Review of an application to collocate a facility other than a Small Wireless Facility using an existing structure: 90 days. (iii) Review of an application to deploy a Small Wireless Facility using a new structure: 90 days. (iv) Review of an application to deploy a facility other than a Small Wireless Facility using a new structure: 150 days. (2) Batching. (i) If a single application seeks authorization for multiple deployments, all of which fall within a category set forth in either paragraph (c)(1)(i) or paragraph (c)(1)(iii) of this section, then the presumptively reasonable period of time for the application as a whole is equal to that for a single deployment within that category. (ii) If a single application seeks authorization for multiple deployments, the components of which are a mix of deployments that fall within paragraph (c)(1)(i) and deployments that fall within paragraph (c)(1)(iii) of this section, then the presumptively reasonable period of time for the application as a whole is 90 days. (iii) Siting authorities may not refuse to accept applications under paragraphs (c)(2)(i) and (c)(2)(ii). (d) Tolling period. Unless a written agreement between the applicant and the siting authority provides otherwise, the tolling period for an application (if any) is as set forth below. (1) For an initial application to deploy Small Wireless Facilities, if the siting authority notifies the applicant on or before the 10th day after submission that the application is materially incomplete, and clearly and specifically identifies the missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information, the shot clock date calculation shall restart at zero on the date on which the applicant submits all the documents and information identified by the siting authority to render the application complete. :1 Federal Communications Commission FCC 18-133 (2) For all other initial applications, the tolling period shall be the number of days from – (i) The day after the date when the siting authority notifies the applicant in writing that the application is materially incomplete and clearly and specifically identifies the missing documents or information that the applicant must submit to render the application complete and the specific rule or regulation creating this obligation, until (ii) The date when the applicant submits all the documents and information identified by the siting authority to render the application complete, (iii) But only if the notice pursuant to paragraph (d)(2)(i) is effectuated on or before the 30th day after the date when the application was submitted; or (3) For resubmitted applications following a notice of deficiency, the tolling period shall be the number of days from— (i) The day after the date when the siting authority notifies the applicant in writing that the applicant's supplemental submission was not sufficient to render the application complete and clearly and specifically identifies the missing documents or information that need to be submitted based on the siting authority's original request under paragraph (d)(1) or paragraph (d)(2) of this section, until (ii) The date when the applicant submits all the documents and information identified by the siting authority to render the application complete, (iii) But only if the notice pursuant to paragraph (d)(3)(i) is effectuated on or before the 10th day after the date when the applicant makes a supplemental submission in response to the siting authority's request under paragraph (d)(1) or paragraph (d)(2) of this section. (e) Shot clock date. The shot clock date for a siting application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period identified pursuant to paragraph (b) of this section and including any pre - application period asserted by the siting authority; provided, that if the date calculated in this manner is a "holiday" as defined in section 1.4(e)(1) or a legal holiday within the relevant State or local jurisdiction, the shot clock date is the next business day after such date. The term "business day" means any day as defined in section 1.4(e)(2) and any day that is not a legal holiday as defined by the State or local jurisdiction. 3. Redesignate § 1.40001 as § 1.6100, remove and reserve paragraph (a) of newly redesignated § 1.6100, and revise paragraph (b)(7)(vi) of newly redesignated § 1.6100 by changing "1.40001(b)(7)(i)(iv)" to "l.6100(b)(7)(i)-(iv)." 4. Remove subpart CC. 81 Media Contact: Cecilia Sulhoff, (202) 418-0587 cecilia.sulhoff@fcc.gov For Immediate Release FCC FACILITATES WIRELESS INFRASTRUCTURE UPGRADES FOR 5G DEPLOYMENT WASHINGTON, June 9, 2020—The Federal Communications Commission today took action to facilitate the deployment of 5G networks across the United States by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Today's action will expedite equipment upgrades to deploy these next -generation networks, which are critical to expanding economic opportunities and supporting public health and safety in American communities. Congress enacted section 6409(a) of the Spectrum Act of 2012 to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government shall approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of that structure. The Declaratory Ruling adopted today clarifies the Commission's 2014 rules with regard to when the 60 -day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications – height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions – affect eligibility for streamlined review under section 6409(a). In addition, today's action clarifies that, under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). The action taken today is a crucial next step in the FCC's ongoing efforts to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. Action by the Commission June 9, 2020 by Declaratory Ruling and Notice of Proposed Rulemaking (FCC 20-75). Chairman Pai, Commissioners O'Rielly and Carr approving. Commissioners Rosenworcel and Starks dissenting. Chairman Pai, Commissioners O'Rielly, Carr, Rosenworcel, and Starks issuing separate statements. WT Docket No. 19-250; RM -11849 Media Relations: (202) 418-0500 / ASL: (844) 432-2275 / TTY: (888) 835-5322 / Twitter: *FCC / www.fcc.gov This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC, 515 F.2d 385 (D. C. Cir. 1974).