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03 11 2021
CHUBBUCK City of Chubbuck Land Use and Development Commission Regular Meeting March 11, 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, Attending via Zoom or phone is highly recommended and requested. Attendance is limited in accordance with Governor Little's Stage 3 order. MASKS/ , ACE COVERINGS ARE RECOMMENDED. Web -conference (no webcam is necessary to participate): https://us02web.zoom.us/i/81672060649?pwd=d HVI<R1c4TmMzalQxVUhSTj FBTGpLdzO9 Telephone: Dial by your location +1669 900 6833 US +1253 215 8782 US Meeting ID: 816 7206 0649 Passcode: 121263 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 February 9, 2021 (Action Item) III. PUBLIC HEARING 1. An application for a Change in Land Use District from Limited Residential (R-2) to General Commercial (C-2) on approximately 2.05 acres of land. Subject property is in the NW % of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 251 W. Linden, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial. Type of Action: Recommendation. IV. GENERAL BUSINESS Recommendation of Zone Change from Limited Residential (R-2) to General Commercial (C-2). (Commission will discuss a change in land use for a recommendation to City Council). (Action Item) 2. An application for a preliminary plat for the Brookstone Estates Subdivision, Division 9. Applicant proposes to subdivide 4.43 acres into 14 residential lots. Property is in the SE 1/4 of Section 5, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the west end of Lambert Street, Chubbuck, Idaho. Current zoning designation on the property places it in the Single Family Residential (R-1) land use district. The Comprehensive Plan Future Land Use map designates this area as Medium Density. Application will be evaluated against standards found in municipal code section 17.12.100. Type of Action: Recommendation. (Commission will discuss the application and if it meets City code). (Action Item). 3. An application for a preliminary plat for the Academy Acres Subdivision. Applicant proposes to subdivide 11.71 acres into 36 residential lots. Property is in the NW 1/4 of Section 9, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the end of Alpine Avenue adjacent to I-86, Chubbuck, Idaho. Current zoning designation on the property places it in the Limited Residential (R-2) 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. (Action Item) (Commission will discuss the application and if it meets City code). 4. 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) V. 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 City Clerk, Joey Bowers at 208.237.2400 at least 24 hours prior to the meeting. cC�� CHUBBUCK 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 MINUTES Board Members Present: Chair Jason Mendenhall, Mike Schwartz, Vice -Chair Dan Stoddard, Rebecca Berls, Thais Ayre, Brandon Jackson and TJ Budge. Staff Members Present: City Attorney Tom Holmes, and Planning Manager Don Matson. Mendenhall called the meeting to order at 7: l Opm Mendenhall asked if any commissioners had a conflict of interest within the items before the board. None were reported. APPROVAL OF THE MINUTES: January 12, 2021. Mendenhall entertained a motion to approve the minutes as emailed. Ayre moved to accept the meeting minutes of November 10, 2020 as emailed; Schwartz seconded. The full authority approved. 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 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 Commission (FCC). Mr. Matson went over the most current changes to the FCC regulations. Berls went over a Supreme Court decision regarding Wireless Telecommunications Facilities notification requirements and time limits. 2. The Commission will discuss the March Meeting Date/Location. The Commission decided to meet on Thursday March 11, 2021 in the Council Chambers at 7pm. Mendenhall let the Commission know that the Mayor and City Council has talked about moving from a 9 member board to a 7 member board as seats become vacated, and are looking at updating the current compensation for board members. Mendenhall entertained a motion to adjourn; Stoddard made the motion. Schwartz seconded. All voted to adjourn at 7:36pm. 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: 838 7233 5833 CHUBBUCK Community Planning & Economic Development PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us KENT MORRIS — 251 W LINDEN AVE APPLICATION FOR A CHANGE IN LAND USE DISTRICT (ZONING) - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON MARCH 11, 2021 SUMMARY DESCRIPTION: An application for a Change in Land Use District from Limited Residential (R-2) to General Commercial (C-2) on approximately 2.05 acres of land. Subject property is in the NW 1/4 of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 251 W. Linden, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial. Type of Action: Recommendation. STAFF FINDINGS: After review the application, Staff finds that it likely meets the requirements for the Change in Land Use District. • The Comprehensive Plan Future Land Use map designates this area for "Commercial" land uses and development, which is supported by the Limited Commercial (C-1) and General Commercial (C-2) zoning districts. • Vacant properties to the west and south are in the C-2 zone, while those north and east are in the R-2 zone, 3 large residential properties. Farther east, toward Yellowstone Ave, there are industrial uses (storage units, wrecking/truck yard). • Linden is currently a dead-end street, but the Comprehensive Plan Functional Road Class System designates it as a future collector street. FACTS BACKGROUND: The subject property, comprising 3 separate parcels, was within the original city boundary. Per assessor records, the house on site and several others on Linden were built circa 1930. 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). The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. APPLICANT: Kent Morris 985 Dry Canyon Rd McCammon, ID 83250 OWNER: Margaret Christensen 24S200E Blackfoot, ID 83221 PROFESSIONAL SERVICES: H LE 800 W Judicial St Blackfoot, ID 83221 Initial discussions on the project included C-2 zoning, but the application was submitted for C-1. See Attachment 2b for clarification from applicant for desired C-2 zoning. LOCATION: The site is in the northwest 1/4 of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 251 W. Linden, Chubbuck, Idaho. PARCEL: Bannock County parcel numbers: RPRCBBA005800, RPRCBBA005700, and RPRCBBA005500. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Limited Residential (R-2) PROJECT SIZE: ±2.05 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: House and outbuildings; lot is overgrown with trees SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS: 2020: Yellowstone Ave north of Linden, 19,472/day 2019: Yellowstone Ave south of Linden, 21,178/day NORTH: Residential property with pasture; Limited Residential (R-2) EAST: Residential property with pasture; Limited Residential (R-2) SOUTH: Vacant; General Commercial; C-2) WEST: Vacant; General Commercial; C-2) SERVICES: ACCESS STREET: W Linden Ave via Yellowstone Ave. Afton Place does not yet connect through to Chubbuck Rd or Knudsen Blvd. FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck, services at site in Linden Ave CULINARY WATER SERVICE: City of Chubbuck, main at site via Linden Ave PROCEDURES: 1. In accordance with City Code 18.28.020 and Resolution 2020-003, a complete petition and fees for a Change of Land Use District were filed with the City at least 29 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.20, the application is scheduled to be heard at the March 11, 2021 Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In accordance with City Code 18.28.020, notice of the public hearing was provided as follows: a. Publication in the Idaho State Journal at least 15 days prior to the hearing; b. Notice posted on the premises at least 7 days prior to the hearing; c. Mailing to those within a 300 ft. radius of the property; and d. Notices posted prominently at the City office at least 10 days prior to the hearing. 4. The hearing will be conducted in accordance with procedures established by City Code 18.28.020 and Idaho Governor Brad Little's State of Emergency Proclamation of March 13, 2020. 5. In accordance with Idaho Code §67-6511, notice was provided to political subdivisions providing services within the City. PUBLIC COMMENT: 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 1 0 R H 0 ANALYSIS AND RECOMMENDATIONS: The Commission must determine if it is in the best interest of the City of Chubbuck and adjacent land owners to recommend a change in Land Use District for this property. See Standards for Review below. RECOMMENDED CONDITIONS: None. The applicant has filed for a Conditional Use Permit, conditions may be included for the project when the CUP application is brought to the Commission. EXAMPLE MOTIONS APPROVAL (WITH 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, and having found that those criteria for approving a request for change in Land Use District are satisfied, I move to approve the request as described in the application materials with the following conditions: ............. (if found necessary by LUDQ. APPROVAL (WITHOUT 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, and having found that those criteria for approving a request for change in Land Use District are satisfied, I move to approve the request 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, and having found that those criteria for approving a request for change in Land Use District are not satisfied, I move to deny the change in Land Use District 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] REPORT: Don Matson, Planning Manager dmatson@cityofchubbuck.us (208) 239-3252 DATE: March 2, 2021 Staff comments in this report are based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 EXHIBITS 1. Reference Map — 251 West Linden Ave 2. Application for Zone Change a. Application materials b. Email clarifying C-2 zoning c. Additional information regarding intended use and CUP application 3. Zoning and Land Use a. Current Zoning Map b. Standards for Reviewing a Change in Land Use District 4. Comprehensive Plan a. Future Land Use Map b. Additional Policies Relevant to the Application 5. Evidence of Notice a. Site Posting b. Mailing List c. Copies of 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 R H 0 Exhibit 1: Reference Map — 251 W Linden IkT- I . .1-A 416L Circk? Ini" 14 - 4 1, I 6b� Al. I Subject Property 61 %vU f CL. 4ft I City of Chubbuck Land Use Application 0 CONDITIONAL USE PERMIT ❑ CHANGE OF LAND USE DISTRICT ❑ VARIANCE ❑ ANNEXATION & ZONING ❑ COMPREHENSIVE PLAN CHANGE ❑ City Official: 251 W Linden Exhibit 2a 1 0 A H 0 Date: ❑ / ❑ / ❑ For the Land Use Meeting of': 0 3 /M10/2 1 Application Deadline: [0 2 /I I /2 I 7:00 PM t I Name of : Applicant: Mailing Address: Kent Morris Phone: 208-339-1132 985 Dry Canyon Rd., McCammon, Idaho 83250 Email Address: k.morris32@yahoo.com 2. Filing fee of $ Plus $ for: Total: $ ❑ ($1.50 per notification mail -outs for Conditional Use Permits.), owners and occupants. ❑ ($3.00 per notification mail -outs for annexations, zone changes.), owners and occupants. Paid to the City Clerk on: , 20 Initials _ Receipt # 3. Project location: 241 W. Linden Ave., Chubbuck, Idaho 83202 4. Existing Land Use District: R-2 Limited Residential 5. Describe Proposal. Rezone land to C-1 then get conditional use permit for R-4 type of development. 6. The approval of this exception does not sanction the violation of any ordinance. 7. I attest to the truth and exactness of all information supplied on this application. I will develop or use the subject property as set forth herein. Yej— Signature of Applicant Date PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION: ❑ Earnest Money Agreement - or - ❑ Warranty Deed Copy ❑ 18 X 24 Drawings (as listed below) 8 1/2 X 11 Drawings (as listed below) Digital PDF copy of documents and drawings e-mailed or on jump drive as much as possible. ❑ Please attach a legal description of the property. ❑ Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 sets.) ❑ Business License Application ❑ Other Assessments or Studies: STANDARDS FOR ILLUSTRATIVE DRAWINGS: The intent of these standards is to produce drawings when required or necessary for illustration of good clarity, accuracy and completeness for use by the City Land Use & Development Commission and the City Council. Size: 1-18" x 24" minimum 1-81/2" x I V reduction of 18" x 24" drawing Scale: Site plan 1:20 minimum Floor plan 1/4" = V- 0" minimum Revised: 5-9-2019, PB7 Iq 251 W Linden Exhibit 2a kers rci is 7 "'� s�ga;c , �,.. loci; cxE xr��r..e 1�, rianr;Y� i�C40 A,4,x" u�nnas,x cw;::'Xx t1aUG...u�g khe z3tuie hr; o$a4i:ff#k 4pQeats an as i he off ice of t1le 'W�nsry, Ida -ho. P,aro>41 2, t e THE WEST 37.44 FEET OF THE EAST 220.44 FEET FRONT TRACT 18, BONNIE BRAE ACRES, SECTION 10, TOWNSHIP 6 SOUTH, RANGE 34 EAST, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY RECORDER, BANNOCK COUNTY, IDAHO. Electronically Signed using eSignOnlineTM [ Session ID : 6ed4f786-fb2f-40d0-83e2-ic0100dad66a ] kCg4- Ad r. -i s MST /2020 11:46 AM 251 W Linden Exhibit 2b Don Matson From: Cerb <cerb@hleinc.com> Sent: Wednesday, February 24, 2021 8:04 AM To: Don Matson Subject: RE: Kent Morris design review application Thank you for working the project as C-2 the client has been made aware of the zone and would like to proceed as you have planned with C-2. Connor Erb Drafter HLE 0 15 30 SCALE: 1" = 30' @ 18" X 24" ONLY PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 10, T. 6 S., R. 34 E. B.M. BANNOCK COUNTY, IDAHO 60 Rani Rn ni d3 T • d3 d3 d3 � d3 d3 d3 d3 20.00' — Lindon. Ave. Trees centered in green space 17.33' apart center to center 18.09' —id3 d3 104.00'" North edge of ditch will � � .Pondm be piped when road W Green area' W will be developed. Parcell 1 T n. al I I Parcel 12 /0.16 acre W wJ j .17 acreaa.00'/ 10'x18' parking stalls l I // 0' � W Parcel 11 Parcel W /0.17 acre 0.17 acre Garbage unit location. 13'x18' a Green area 35.36.. W 104.00'7 W// W LMI� a e / W Parcel 10 Parcel 3 of4® 0.17 acre 0.17 acre z Ditch undisturbed on west side I 44 .. 5.00' Parcel Parcel4 / 0.17 acre 0.17 acre zze o W I Green area �. 25.61' . RECORDER'S CERTIFICATE LEGEND Storm Section Corner Control Found l Iran Rod, Placed 5/8" X 24" Iron F rod with cap marked / illegible no cap /illegible P.L.S. 12224 Storm X Found l Iran Rod, 'Pond, F � ; O N � Z�24 / illegible no cap /illegible tY7NNN W MCC -4 Za ;10 o_ zp� n X light pole ZJ N p LL W A LL Y c ADA Reserved stall 7 Pv : E d Q w H N ai Ll W o! w 10, ® •° Parking stall line 24.00' N Q Y C �)� W U a J F N J w > Q o o ni-00It g CO E c o r EP Edge of pavement CE HLE CGS JOB NO: 2021-012 DATE: February 24, 2021 Building envelope DATE 10'x18' parking stalls — — — Section Line Garbage unit location. 13'x18' Ditch lines for top and bottom 0 m 2 a � OH= Over head power lines LU Il/ in 0 0 = O X Fence line Q >M o O�Y LU Notes O V) d (j) CO J Constructability clearance Existing buildings and remnants will be removed. Trees will be removed as required for new parking, buildings, r 5.00' and other required items. Green space is reserved on 1 lot as shown. Construction will disturb all 2.05 acres of existing lot with the exception of land on western edge 1 32' in order to avoid unnecessary disturbance of existing 2.00' ditch. Additional storm water that cannot be stored by drainage pond will be addressed by underground outer edge curb strip infiltration. 24.00' a 8.00' w Hatch Legend I I .stGrm Random Storm Building � "' " Pond Grass I // Concrete W ° I Parcel 8 parcel 7 32.81L , parcel 5� W W W - �e0.17 acre 0.17 acre Green area . Parcel 6 0.17 acre 0.17 acre Asphalt � � � � 15.08' 10:00' Green area w .Green area w 10.00' N89°19'21"W 241.66' Transformer �� �� TV Junction box Parking Stalls Total required stalls = (48 households) x (2 stalls per household) = 96 stalls Total designated stalls = 113 stalls 9'x20' parking stalls Standard 10'x18' and 9'x20' = 107 stalls ADA parking located next to reserved ADA buffer spaces = 6 stalls SURVEYORS CERTIFICATE I, Chris G. Street, a Registered Professional Land Surveyor in the State of Idaho, do hereby certify that this plat is an accurate representation of the survey completed under my supervision. G?'< 12224 A cy�sfGF S R�� Chris G Street License No. 12224 Date N � � CAz SCO G7O 00 N � ; O N � Z�24 tY7NNN W MCC -4 Za ;10 o_ zp� n ZJ N p LL W A LL Y c z m ca `m 7 Pv : E d Q w H N ai Ll W o! w 10, f J Q U r N Q Y C �)� W U a J F N J w > Q o o ni-00It g CO E c o r DRAWN BV DESIGN BY CHECK BV CE HLE CGS JOB NO: 2021-012 DATE: February 24, 2021 REVISIONS DATE Z Q 0 m 2 a � Cw LU Il/ M = O a� z Q CD 0 F 1' O�Y LU CTz0 W a d (j) CO J SHEET NO 1 1 OF SHEETS AAFIE! ; MIN, LAND SURVEYING I 3D SCANNING I DESIGN SURVEYING CIVIL AND STRUCTURAL ENGINEERING I MATERIALS TESTING FOR: Kent Morris JOB No. 21-012 DATE: January 28, 2021 BY: PLM Linden Town Homes Subdivision Boundary 251 W Linden Exhibit 2c Part of Government Lot 3 Section 10 Township 6 South Range 34 East B.M. Bannock County, Idaho described as: Commencing at the Northwest corner of said Section 10; Thence S 89° 18' 01" E along the North line of said Section, 1341.40 feet; Thence, S 00° 00' 39" W along the West Boundary of the Bonniebrae Acers Townsite Subdivision 952.77 feet to the Northwest corner of Tract 18 of said Subdivision, the Point of Beginning; Thence, S 89° 18'21" E along the South Right of Way of West Linden Avenue 241.66 feet to the East line of a parcel described in Deed Instrument No. 94011235; Thence, S 00° 00' 39" W along said East parcel line 370.03 feet to the South line of said Tract 18; Thence, N 89° 19' 21" W along said South Tract line 241.66 feet to the West line of said Subdivision; Thence N 00° 00'39" E along said West Subdivision line 370.10 feet to the Point of Beginning. Subdivision contains 2.05 acres more or less. 800 W. Judicial Street • Blackfoot, Idaho 83221. Office Phone: 208.785.2977 • Fax: 208.785.2990 101 S. Park Av Ste 210 • Idaho Falls, Idaho 83402. Office Phone: 208.524.0212 • Fax: 208.524.0229 460 Lincoln Street • American Falls, Idaho 83211. Office Phone: 208.226.5764 Existing Buildings LEGEND X Fence line 9 Plan Satelite Image Plan view. All existing buildings will be removed. I « PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 10, T. 6 S., R. 34 E. B.M. BANNOCK COUNTY, IDAHO f 4,ft t Building, Remnants Property boundary RECORDER'S CERTIFICATE Tree Height Satelite Image Angled view. Trees will be removed as needed for off street parking, new buildings, and other developed structures. Color Scheme Sample Developer intends buildings to have a similar color scheme to previously constructed building shown below. Ar �F �1 i L-.Wf 251 W Linden Exhibit 2c r~ N CHECK BY CE � � CGS N N (p 2021-012 zN�� February 17, 2021 LO CD o CNU W z���-� MN W (!I 00 z��2Loo z�l ui oLL — o W c Q [� O U � z 0) �F- E d o H M dj V W w aj to i � J Q U U�-) N Q Y T - no E.L.. J J F. w v N 00 o N U F E (:i 0 Of U } IL O L DRAWN BY DESIGN BY CHECK BY CE HLE CGS JOB NO: 2021-012 DATE: February 17, 2021 REVISIONS I DATE W W U) W J O J LU Q H Z O (f) W Z 2 J LUJ SHEET NO. 1 2 O om = w o M > z U) O cfl U H Y _ U o O z U z LU Q U) m 1 OF SHEETS �x rr a__--- --__ REAR ELEVATIONS �: Ire' -r v ials am u ��u II ®I I I® II II anz I 4:1z II ALL ATTIC VENTS & EXHAUST II 4 4 II PIPES ON BACK SIDE ONLY II ® I I I ® II II o I f I I II II o o � o II II r�rTTi� I II II F� II I��'/JJJI b �� 4:12 I II/ 4:12 a`�� a !/I✓/I✓J ii 11LMIJLIUAILIMJLIWJL1LU1 L1LUJLILIJJ JLILLJJIJLLI_I1J1L1_LLJ1L1_LLJIILLLJILLLLJ11LLL111 5 120-0 5 S 5:12 ____________________________in. rl nw sxrnrxlxr.. 111'-11111' S/�8' - sm"z genas T SS HN MILL b l02 to 3 -8 - BUILDING 9 BUILDING ELEVATIONS (BOTH SIDE SIMILAR) srwa/e-r-v xa v..I�-1a Ibls 1 12 5:12 ROOF PLAN VERIFY ALL MATERIALS, AND FLASHING REQUIREMENTS AND MECHANICAL PENETRATIONS II�I I �i«nw t� wnl_ 11 1[iw�llllmllml 01.. FRONT ELEVATION ruE liry r 2x[ Ire' -I' -C 15nf 251 W Linden Exhibit 2c E �� so �JE v In fl EQ sm O �9 Oo CONSULTANT: STAMP: � IofccN�n�T SfATE OF 0)910 PROJECT: 4a a ROOM � LOT BR ORIYE N P PO ATELLO, ID DRAWING TITLE: ROOF PLAN / EXTERIOR ELEVALONS AND NOTES m/o5/2o2a A.6 Exhibit 3a: Current Zoning Map Property Exhibit 3b: Standards for Reviewing a Change in Land Use District State and City laws, as well as the City of Chubbuck Comprehensive Plan, guide the review of applications for changes in land use districts/zoning. Specifically: 1. Idaho Code: §67-65 Local Land Use Planning Chubbuck City Code: Title 18, Land Use City of Chubbuck Comprehensive Plan Our Valley Our Vision (as amended) City Code 18.28.050 states "No variance shall be granted, nor any conditional use permit issued, nor any revision to this title adopted, unless such action is consistent with the city's 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. Other code and policy may be identified from State Law, City Code, or the Plan. Summaries of codes, goals, objectives, and policies may not be verbatim. IDAHO CODE §67-6511: ZONING ORDINANCE SUBSECTION 2(a) REQUESTS FOR AN AMENDMENT TO THE ZONING ORDINANCE — DELIVERY OF SERVICES STATE LAW Consider effects of zone change upon delivery of services by any political subdivision providing public service within the City RESPONSE Notices were sent to each of the following agencies regarding the proposed action COMMENT Bannock County Planning & Development: No concerns/no comment received Fort Hall Irrigation Project/Bureau of Indian Affairs: No concerns/no comment received Pocatello Regional Airport: No concerns/no comment received Pocatello/Chubbuck School District 25: No concerns/no comment received Pocatello-Chubbuck Auditorium District: No concerns/no comment received Southeastern Idaho Public Health: No concerns/no comment received SUBSECTION 2(C) PROPOSED CHANGES — COMPLIANCE WITH THE COMPREHENSIVE PLAN STATE LAW Governing board to analyze proposed changes to ensure they are not in conflict with the policies of the Comprehensive Plan RESPONSE If the request is in conflict with the Plan, OR would result in demonstrable adverse impacts on public services per subsection 2(a), governing board may: • Require the application be submitted to the LUDC, or • In the absence of a commission, consider an amendment to the Plan COMMENT All applications for changes in land use district/zoning are presented to the LUDC for recommendation before going to the City Council COMPREHENSIVE PLAN CHAPTER 4: LAND USE THE PLAN DISTRICT -ZONE DISTRICT CONVERSION TABLE INDICATES WHICH ZONING DISTRICTS SHALL BE ALLOWED WITHIN EACH PLAN DISTRICT OBJECTIVE Only the zoning districts listed in the table shall be allowed in the corresponding plan districts as shown on the Comprehensive Plan Map POLICY When annexation of land occurs, zoning that matches the property's plan designation shall be assigned Plan Designation Commercial (C): C-1 Limited Commercial, C-2 General Commercial COMMENT The requested district C-2, fulfills the Comprehensive Plan. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 B A 0 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 is already served by sewer, water, and a city street. It surrounded by developed land and can be considered an infill parcel. POLICY d. Use impact fee reductions, fee waivers, tax credit strategies, etc. to encourage infill and redevelopment COMMENT The project is located within the 2008 City boundary and eligible for lower sewer connection fees. OBJECTIVE 4.1.3 Make investment in infill and redevelopment more attractive than sprawl POLICY a. Permit increased residential densities in areas where infill and redevelopment are targeted COMMENT The project is surrounded by developed land and can be 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 map designates the area as Commercial, a category intended for future C-1 or C-2 zoning. 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 Site plan will be reviewed with Conditional Use Permit for compatibility. POLICY f. Encourage residential infill in suitable locations COMMENT Appears to be a suitable infill location for residential, away from arterial streets. POLICY g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT This proposal creates additional Commercial zoning, but the immediate plan is for residential development. OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas POLICY a. Use design standards to encourage compatibility of mixed use development with surrounding areas COMMENT Design will be considered with Conditional Use Permit for multi -family proposal. See additional Comprehensive Plan Goals, Objectives, and Policies in Exhibit 4b. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /94�4c\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us Exhibit 4a: Comprehensive Plan Future Land Use Map Exhibit 4b: Comprehensive Plan Additional Policies Relevant to the Application Staff has identified the following goals, objectives, and policies 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 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 Linden is a designated collector, to provide for future connection on the interior of the block. 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 Requirements for Linden as a collector will be part of the subdivision process. 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 The site is within walking distance of bus stops on Yellowstone Ave. 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 Sidewalks will be required at the subdivision phase. 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 The functional classification map plans for Linden to connect to a north/south street through the block. POLICY g. Provide sidewalks along both sides of all public streets COMMENT Sidewalks will be required at the subdivision phase. POLICY h. Design local streets serving residential areas as "skinny" streets to slow traffic and accommodate pedestrians and bicycles, as well as vehicles COMMENT Linden is planned as a wider collector street. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 B A 0 CHAPTER 6: COMMUNITY DESIGN GOAL 6.2 ENCOURAGE NEW DEVELOPMENT THAT IS COMPATIBLE WITH EXISTING BUILDINGS AND NEIGHBORHOODS, AND PROMOTE AND PRESERVE THE QUALITY OF RESIDENTIAL NEIGHBORHOODS OBJECTIVE 6.2.1 Use design guidelines, standards, and incentives to ensure that new infill and redevelopment are compatible with established development POLICY a. Bulk and height of the new residential infill and redevelopment projects shall be similar in scale to surrounding residential development COMMENT Bulk and height will be addressed in the conditional use permit. POLICY c. Encourage the development of well -landscaped parking lots and buffer strips on major corridors COMMENT Landscaping will be addressed in the Design Review and Conditional Use Permit. OBJECTIVE 6.2.2 Encourage infill and redevelopment to be pedestrian -oriented POLICY a. New infill and redevelopment housing shall be designed so that: • Garages and carports are set back farther from the street than the front of the dwelling • Usable front porches or balconies are provided and are oriented to the street COMMENT Design of buildings will be addressed with Design Review. POLICY e. Coordinate parking space standards and parking lot designs with pedestrian, bicycle and transit systems COMMENT Parking and site design will be addressed with Design Review. 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, and within a few blocks of the fire station. 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 COMMENT Stormwater will be required to remain on site. 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 This project may be considered infill — it is in the center of a block and services are provided. POLICY d. Public water and sanitary sewer services shall be required for all new urban development within the urban service boundary COMMENT I Water and sewer are available in the street adjacent to the site. 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 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /944�c_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us POLICY b. Require the consideration of transit access in subdivision review COMMENT The site is within walking distance of bus stops on Yellowstone Ave. POLICY c. Require the inclusion of bicycle and pedestrian systems during subdivision review and development to support alternative modes of transportation COMMENT I Sidewalks will be addressed in the subdivision phase of the development. CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development POLICY a. Plan for a variety of housing types COMMENT This is a commercial zoning request but the plan for the site is multi -family. OBJECTIVE 10.1.2 Protect residential property values POLICY a. Use a combination of zoning, development standards, site planning guidelines, and transportation routes to protect residential property values — they will be used to create the highest level of compatibility between adjacent uses possible while retaining a synergistic mix of uses within neighborhoods and communities COMMENT This is a commercial zoning request, but the plan for the site is multi -family. Design, transitions, and buffering will be addressed in the Design Review and Conditional Use Permit. GOAL 10.3. ENCOURAGE MORE DENSE RESIDENTIAL DEVELOPMENT PATTERNS WITHIN THE CITY OBJECTIVE 3.2 Encourage more dense residential developments, generally meeting the following criteria, in all areas of the city POLICY c. Multi -family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers; encourage large apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks COMMENT This is a commercial zoning request, but the plan for the site is multi -family. Additional planning and development is necessary to implement this policy, such as for a pedestrian connection from this site to Dalton Park. * The Comprehensive Plan includes several strategies with the policies in certain chapters. Aii��Ic\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Exhibit 5: Evidence of Notice a. Site Posting b. Mailing List c. Copies of printed notices on file with staff a. Site Posting Sign posted February 19, 2021 CHUBBUCK 1 0 R H 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us JOHN W ALLER 222 W Linden Ave. Pocatello, ID 83202 BRENT DALTON 208 W Linden Ave. Pocatello, ID 83202 JEFF R COBBLEY 221 W Linden Ave. Pocatello, ID 83202 GARY G RATLIFF 201 W Linden Ave. Pocatello, ID 83202 KNUDSEN POOR FARMS INC. 98 Fort Hall Ave. American Falls, ID 83211-1804 Gary Ratliff 2652 Wild Horse Ridge Ln Pocatello, ID 83204 Eddie Seal Jr 4704 Heidi Ct Chubbuck, ID 83202 Cody De Los Reyes PO Box 502 Lava Hot Springs, ID 83246 JOHN W ALLER 222 W Linden Ave. Pocatello, ID 83202 BRENT DALTON 208 W Linden Ave. Pocatello, ID 83202 JEFF R COBBLEY 221 W Linden Ave. Pocatello, ID 83202 GARY G RATLIFF 201 W Linden Ave. Pocatello, ID 83202 KNUDSEN POOR FARMS INC. 98 Fort Hall Ave. American Falls, ID 83211-1804 251 W Linden Exhibit 5b JOHN W ALLER 222 W Linden Ave. Pocatello, ID 83202 BRENT DALTON 208 W Linden Ave. Pocatello, ID 83202 JEFF R COBBLEY 221 W Linden Ave. Pocatello, ID 83202 GARY G RATLIFF 201 W Linden Ave. Pocatello, ID 83202 KNUDSEN POOR FARMS INC. 98 Fort Hall Ave. American Falls, ID 83211-1804 300' Notification Area 4743 D and S Becii. 47s5 Supply 4775 S 4774 8765 .. `%, 4764 4754 4755 4744 S_.36 420 416 44)4 Xy 1734 i Cr 4724 IduaJya St a, 16 417 415 413 dn9 4725 MO 513 221 w 4 141 Wilks Funeral Home 4'GC y:a6 �,.-y� ,f75f1 R 1734 7 F- _ 251 W Linden Exhibit 5b 12Public Notification %k X Selector search for a feature in the ma Address Q v 0 Apply a search distance 30D Feet Add ressee Layer Parcel Owner Format Comma -separated values 14 addressees fou nd; d o you wa nt to conti n ue7 n 1 r2 'JJ Linden Ave 201 147 Secure Stooge ,Jra� a1�a K nudaen — z6i��___ CHUBBUCK I D D H D Community Services Department Planning Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www. CityofCh u b b u c k. u s March 11, 2021 NOTICE IS HEREBY GIVEN that the Land Use and Development Commission of the City of Chubbuck, Idaho, will conduct a public hearing and deliberation at 7:00 PM on March 11, 2021 at Chubbuck City Council Chambers, 5160 Yellowstone Avenue, Chubbuck, Idaho. Pursuant to Idaho and City codes, as a property owner of record within a defined distance or as a political subdivision/utility as is otherwise required by law, you are provided special notice of the following proposal which will be considered as a public hearing such that you are notified of your opportunity to testify for, neutral to, or against the proposal. Due to COVID-19 and CDC best practices for social distancing, the public hearing will occur via web - conference and telephone. In-person attendance is allowed, but Attending via Zoom or phone is highly recommended and requested. Attendance is limited in accordance with Governor Little's Stage 3 order. MASKS/FACE COVERINGS ARE RECOMMENDED. Details on how to attend the meeting and participate are found below. Public hearings will be held with respect to the following items: An application for a change in Lond Use District from Limited Residential (R-2) to General Commercial (C-2) on approximately 2.05 acres of land. The Comprehensive Plan Future Land Use map designates this area os Commercial. Location: The subject property is in the northwest'/ of Section 70, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 251 W. Linden, Chubbuck, ID. Type of Action: Decision. The Commission will review the proposal per criteria in Idaho Statute §67-6511: 1. Whether the request is consistent with the comprehensive plan 2. If approved, would the request result in demonstrable adverse impacts upon the delivery of service by any political subdivision (city, school district, utility district, etc.) providing services The application materials are now available for the public to review upon request at the City Offices, or by contacting via email or phone. See other side for contact information and an illustration of the project. • Any and all persons may register comments, protests, or agreements on the hearing subjects being considered. Written testimony must be received by Planning Services at least 7 days prior to the hearing (March 4, 2021), shall comply with standards established in City Code 18.28.020, and shall be considered public record. • Complete staff reports will be available at City Hall by March 5, 2021 and will include written testimony received prior to the deadline. • Oral testimony concerning these proposals may be offered during the public hearing. The Commission may limit oral testimony. See other side for: • Contact information • An illustration of the project • How to participate in the meeting How to participate in the public meeting: Web -conference (no webcam is necessary to participate https://us02web.zoom.us/i/81672060649?pwd=dHVkRlc4TmMzalQxVUhSTjFBTGpLdzO9 Meeting I D: 816 7206 0649 Password: 121263 General information on joining a Zoom meeting can be found at https://support.zoom.us/hc/en- us/articles/201362193-Joining-a-Meeting . Dial by your location (telephone— you dial any number) +1 669 900 6833 US +1 253 215 8782 US +1 346 248 7799 US Meeting ID: 816 7206 0649 Password: 121263 1� 1 \ aid ��•.., suviecz ��wfr:s Property v- �FMRS, M r.y a rrr � �--•--� (Excerpted from application; see file for more complete details) Any person needing special accommodations to participate in the meeting should contact Joey Bowers, City Clerk, at 208.237.2400 at least 24 hours prior to the meeting. Don Matson, MSP, AICP Planning Services Manager dmatson(@cityofchubbuck.us 208.239.3252 CHUBBUCK 1 0 R H 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofCh ubbuck. us NOTICE OF PUBLIC HEARING CITY OF CHUBBUCK, IDAHO NOTICE IS HEREBY GIVEN that the Land Use & Development Commission of the City of Chubbuck, Idaho, will conduct a Public Hearing at 7:00 pm on March 11, 2021. Due to COVID-19 and CDC best practices for social distancing, the public meeting will occur via web -conference and telephone. This meeting will be available to the public electronically or by phone. In-person attendance is allowed, but Attending via Zoom or phone is highly recommended and requested. Attendance is limited in accordance with Governor Little's Stage 3 order. MASKS/FACE COVERINGS ARE RECOMMENDED. Public hearings will be held with respect to the following item: 1. An application for a Change in Land Use District from Limited Residential (R-2) to General Commercial (C-2) on approximately 2.05 acres of land. Subject property is in the NW N of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 251 W. Linden, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial. Type of Action: Recommendation. Join Zoom Meeting (no webcam is necessary to participate) https://us02web.zoom.us/I/81672060649?pwd=dHVkRlc4TmMzalCLxVUhSTiFBTGpLdzO9 Meeting ID: 816 7206 0649 Password: 121263 General information on joining a Zoom meeting can be found at https://support.zoom.us/hc/en- u s/arti cies/201362193-Joi ni ng -a -Meeting. Or to Join by Phone: +1669 900 6833 US +1346 248 7799 US A complete description of each item is available to the public on request to jbowers@cityofchubbuck.us. Commission packet will be available upon request to the same email by March 4, 2021. Any and all persons may register comments, protests, or agreements on the hearing subjects being considered. Oral testimony concerning these proposals may be offered at the public hearing. Commission may limit oral testimony. Written testimony must be received by jbowers@cityofchubbuck.us at least 7 days prior to the hearing, shall comply with standards established in City Code 18.28.020.D.7., and shall be considered public record. Any person needing special accommodations to participate in the meeting should contact the City Clerk, Joey Bowers at jbowers@cityofchubbuck.us at least 24 hours prior to the meeting. Joey Bowers, City Clerk Publish: February 21, 2021 /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 BROOKSTONE ESTATES DIVISION 9 PRELIMINARY PLAT REQUEST - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON MARCH 11, 2021 STAFF FINDINGS SUMMARIZED After reviewing the proposed Brookstone Estates Division 9 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 14 lot Preliminary Plat for 14 residential building lots in the Brookstone Estates subdivision, Division 9. It includes extending Lambert St. west and constructing Masterson Circle. (see Exhibits 1 and 2). BACKGROUND: This is the 9th division of the Brookstone Estates 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: Dannis Adamson 158 S. Main St. Pocatello, ID 83204 PROFESSIONAL SERVICES: RM ES 600 E. Oak St. Pocatello, ID 83201 LOCATION: SE 1/4 of Section 5, Township 6 South, Range 34 East, of the Boise Meridian, on the west end of Lambert St., east of the future Lamar St.. Generally located at west of Brookstone Estates Division 7. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Single Family Res. (R-1) CURRENT LAND USE: vacant PROJECT SIZE: ±4.43 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS: 2015: Chubbuck Rd at Philbin Rd., 2644/day 2016: Chubbuck Rd at Philbin Rd., 2696/day 2018: Chubbuck Rd at Philbin Rd., 3076/day NORTH: Single family homes subdivision; Single Family Residential (R-1) zone EAST: Single family homes subdivision; Single Family Residential (R-1) zone SOUTH: Single family homes subdivision; Single Family Residential (R-1) zone WEST: Vacant, farm; Bannock County Residential Suburban (RS) zone SERVICES: ACCESS STREET: Current access to site via Lambert Street to the east. FIRE/EMS PROTECTION: City of Chubbuck Fire Department SANITARY SEWER: City of Chubbuck Sewer Utility Department CULINARY WATER: City of Chubbuck Water Utility Department PROCEDURES: 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. In accordance with City Code 17.12.100, the application is scheduled to be heard at the March 11, 2021 Regular Meeting of the Land Use and Development Commission. 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 Chubbuck Comprehensive Plan (as amended) 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. 1940�t-\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION 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 Sidewalks are included within the development and extend to W. Chubbuck Rd.. 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 A connection is being provided to the west (future Lamar St.) 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 Masterson Circle and Lambert St. POLICY h. Design local streets serving residential areas as "skinny" streets to slow traffic and accommodate pedestrians and bicycles, as well as vehicles CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMMENT Sidewalks are separated from the curb by a park strip. The streets meet the current width standard for streets with a drainage swale, which are narrower than those without. 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 The streets and sidewalks are connected through to neighboring developments CHAPTER 6: COMMUNITY DESIGN GOAL 6.2 ENCOURAGE NEW DEVELOPMENT THAT IS COMPATIBLE WITH EXISTING BUILDINGS AND NEIGHBORHOODS, AND PROMOTE AND PRESERVE THE QUALITY OF RESIDENTIAL NEIGHBORHOODS OBJECTIVE 6.2.1 Use design guidelines, standards, and incentives to ensure that new infill and redevelopment are compatible with established development POLICY a. Bulk and height of the new residential infill and redevelopment projects shall be similar in scale to surrounding residential development COMMENT The project is part of a larger subdivision with similar home styles. GOAL 6.3 IN NEW NEIGHBORHOODS, PROVIDE A BETTER MIX OF RESIDENTIAL AND COMMERCIAL LAND USES AND A MORE WALKABLE COMMUNITY OBJECTIVE 6.3.2 Use neighborhood design principles for new development within Neighborhood Plan Districts, as defined on the Growth Management Plan Map POLICY a. New neighborhoods shall be designed to meet the following design principles: • Connect streets with other streets to provide a network • Use distinct edges or boundaries to define the neighborhood • Include sidewalks that are safe, convenient, and interesting • Incorporate parks and institutions into neighborhoods • Provide a mix of housing choices and types • Design neighborhoods to accommodate bus transit COMMENT The parcel is in a subdivision that includes street and sidewalk connectivity, access to transit, and a park. The City owns land for a larger destination park northeast of this parcel, located at the intersection of Philbin Rd. and Angela St. POLICY b. Assure that future developments results in the establishment of recognizable neighborhoods, communities, and districts COMMENT The Brookstone Estates Subdivision fits well with neighboring subdivisions and also is recognized throughout the community. 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 This 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 COMMENT Stormwater will be required to remain on site. POLICY d. Limit development on steep slopes COMMENT There are no steep slopes in the development. 194�0t\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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 a. Encourage compact development in order to reduce the cost of providing public services COMMENT The proposed subdivision has a gross density of 3.16 units per acre. 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 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.2 Protect residential property values 1940�t_\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us POLICY a. Use a combination of zoning, development standards, site planning guidelines, and Standards and Staff Comments transportation routes to protect residential property values — they will be used to create the No highest level of compatibility between adjacent uses possible while retaining a synergistic mix of City Code uses within neighborhoods and communities COMMENT The site will be developed with lots of different sizes, very similar to those in other divisions of Brookstone Estates. 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 Staff schools COMMENT There are paths and sidewalks throughout the development, but students are currently bussed to school. 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 CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Staff Applicant has provided all information required of this section. Comments x 17.12.160 Identification and Descriptive Data 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 Pro osed Utility Methods Staff Water and sewer will be extended into the development, Comments applicant has provided service locations shown on the preliminary plat. 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 R-1 zone and is limited to 35 ft. high and Comments 7,000 square feet minimum lot size. 18.08.044 Lot Width to depth ratio x Staff This is proposed in the R-1 zone, maximum ratio is 1:2 and Comments minimum lot width is 70' 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 has been dedicated and the street will be constructed per Streets 16.12.020C and in accordance with the comprehensive plan. Storm water from the street will be retained in the roadway drainage swales, Storm Drainage while 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 Park impact fees will be required for this development OTHER AGENCY COMMENTS AND REQUIREMENTS Agency Comment BTPO No comment received. CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Bureau of Indian Affairs No comment received. Cable One No comment received. Century Link No comment received. 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. CHUBBUCKH 0 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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 DATE: February 22, 2021 1. Reference Map 2. Application for Preliminary Plat 3. Plat 4. Narrative for Preliminary Plat 5. Maps a. Future Land Use CHUBBUCK 1 0 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 www.CityofChubbuck.us b. Current Zoning 6. Evidence of Notice a. Site Postings b. Agency notices on file w/staff 1940�t-\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Exhibit 1: Reference Map - Brookstone Estates Division 9 lao'4-\ CHUBBUCKH 0 1 0 LSV! LYY■ i V NW% ■ WI q6perty 14 df peg�r s� t A # F PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PQ Box 5604 — 5160 Yellowstone Avenue O Chubbuck, ID 83202 C HUBBUC208 www.CittyofChubbukus7,2430 — Fax 409 1 0 1 H 0 IN' PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 1 OF 5 Requirements and procedures for Preliminary Plat applications are found in section 77. ]2.030 — 17.12.790 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: A . ID, OLI INITIALS: J<K FEES PAID? YO N AMOUNT: 1-f,3,D0 SECTION A —DEVELOPER/APPLICANT INFORMATION Al. Name Dannis Adamson A2. Mailing Address 158 S Main St City State Zip Code Pocatello ID 83204 A3. Phone Number (including area code) A4. Email Address 208-251-7107 dannisadamson@gmail.com SECTION B — PROFESSIONAL SERVICES INFORMATION Bl. Firm Name RMES B2, Mailing Address 600 East Oak St. City State Zip Code Pocatello ID 83201 B3. Point of Contact (Name) B4. Email Address Brady Smith brady@rmes.biz SECTION C — SITE INFORMATION Cl, Site Address City Zip C2. Tax Parcel #(s) North of Chubbuck Rd. Chubbuck 83202 RPRCCPC039000 West of Philbin Rd. C3. Current Land Use C4. Are there existing structures on-site? Limited Residential (R-2) ❑ Yes © No CS. Is the site under contract or in the name of the developer/applicant? C6. Approximate size of property x❑ Yes ❑ No 4.43 Acres C7. Are there any existing items of which Staff should be aware? C8. Does the site contain irrigation water rights? ❑ Yes X❑ No If yes: M Yes ❑ No If yes, which company/district: Fort Hall Irrigation Z&�"4 CHUBBUCK 1 0 1 111 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 2 OF 5 SECTION D - PROPOSED DEVELOPMENT INFORMATION D1. Plat Name D2. Number of Lots Brookstone Estates - Division 9 14 D3. Type of land Uses within development (residential, commercial, industrial, etc.) D4. Water & Sewer Needs Residential City Water & Sewer D5, Are there any issues related to the development of which Staff should be aware prior to meeting? ❑ YesX❑ No If yes: Will the development contain any commonly -owned and/or maintained Improvements (stormwater facilities, community mailboxes, streets, D6. parks/playgrounds, etc,)? ❑ Yes 0 No If yes, what? Will the development contain any land within a designated floodplain (FEMA or Chubbuck? ❑ Yes ❑X No If yes, what zone?: 137, 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 forthe 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 impactfee funding obligation in whole or in part. Which isanticipated with this development? D6. ❑X 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. SEE D6 SECTION E - ADDITIONAL SUBMITTAL REQUIREMENTS E1. Preliminary Plat Application Fees: Total # of lots 14 X $5,00 +$203.00 base fee = $ 273.00 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 Ilona 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 CLOMR 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 PQ 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 Preparer's Reviewers Initials Initials Description 17.12.150 —17.12.160 Presentation & Descriptive Data JJB • Drawing Size (11"x22" minimum through 22"x34" maximum) JJB • Proposed Name JJB • Location of Development by Section, Township, Range JJB • Reference to Section or Quarter Corner (dist. & Bear.) JJB • Name, Address, Phone Number of Developer JJB • Name, Address, Phone Number of Engineer/Surveyor JJB • North Arrow JJB • Date of Preparation (Including Revisions) ,JJB • Vicinity Map 17.12.170 Existing Conditions JJB ' Existing Contours @ adequate Interval JJB • Existing Features • Existing Utilities JJB . Existing R -O -W, easements, public areas, corporation lines JJB • Instrument # for parcels with common boundaries JJB • Existing & proposed zoning JJB • Total acreage JJB • Boundary dimensions 17.12.180 Proposed Conditions JJB • Street layout (including width) JJB • Street names JJB • Connections to existing streets JJB • Lot dimensions JJB • Lot numbers JJB • Total number of lots B • Location, width, and use of easements JJB • Designation of land for public use (parks and open space) 17.12.190 Proposed Utility Methods JJB • Proposed sewage disposal JJB • Proposed water supply JJB • Proposed storm water disposal JJB • 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) N/A • Floodplain boundaries, type, and BFEs PO Box 5604 — 5160 Yellowstone Avenue PRELIMINARY PLAT /6Q0/'\ Chubbuck, ID 83202 CHUBBU208.237.2430 CK — Fax 208.237.2409 APPLICATION www.CityofChubbuck.us August 2020 Form- Replaces Prior Versions Inall a 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. • I 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. rX F Signature F2. Printed Name F3. Date V CNA� 141 S L> Z1_ ks Z :f'� ..i . .., .e V,.;. .L.. .s.. , x...... ir4 y,�,._- s _..a .,.;� . s..e. �..a-Fv ..es. s r..0 '� • s _ k . ., r,. G1. COMPLETENESS REVIEW: Deemed complete? Reviewed by: Date: ❑ Yes ❑ No If no, list concern(s): Applicant Notified? ❑ Yes ❑ No Comments: i ISKLAR MICOL DORIUS INST. NO. 21513960 10' IRRIGATION EASEMENT TO BE GRANTED UPON EVIDENCE OF AN ACTIVE DITCH MICHELLE D BAKER INST. NO. 21706874 PRELIMINARY PLAT FOR: BROOKSTONE ESTATES DIVISION 9 LOCATED IN THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M. SOUTHEAST CORNER OF SECTION 5. FOUND ALUMINUM CAP IN CITY OF POCATELLO 4 W 9 VAULT INST. NO'S. 628846, 20520360 & 20514184 5 8 CITY OF CHUBBUCK, BANNOCK COUNTY, IDAHO SUSAN L BENCH INST. NO. 22100928 MELISSA JOAN BYRD INST. NO. 22003930 GARRETT K WAHLEN INST. NO. 22100096 / 0o CO // l Rl h S 17055'31 " E 59.9F#' CHRISTOPHER RICKY JOHN INST. NO. 21810761 726�� ' vQ LOT 21 w 60 r I LOT 20 10,220 SQ FT BRYAN HAN INST. NO. 22009027 r 0 M W r r 0 0 0 0 0 SEAN DANIEL ROOD INST. NO. 22021526 N 94.62' N 1p�14,29 E LOT 19 8,964 SQ FT 14,009 SQ FTm co I o o N 9'56" W 106� g1. U 106.81' z I LOT 22 55.0' 10,097 SQ FT I R' 'W' I I LOT 9 w \ N I 9,343 SQ FT b� LO 37 0' S a o LOT 18 11,451 SQ FT 125.48' 55.0' I m 07 C2 \ No NEIGHBORHOOD b co r MAILBOX - `L z °sr" Cl L1 87.63' --- -- - S 0°18'53" W S 0°18'53" W -87.0' ' 121.71' - MASTERSON CIR. R.O.W 200.57' 6.0' G$ v ` cs - i SHA WN SPENCE INST. NO. 21908697 LOT 10 12,764 SQ FT / C14 L3 G15 82.00' 80.30 25.23' C9 \ a - � 15' WIDE PUBLIC t2O'ACCESS AND UTILITY C1p UTILITY EASEMENT CORRIDOR EASEMENT Lu I I >' r- N 0? CDLC> 07 �CD r r N N o N N LOT �7 r LOT 76 I r I LOT 75 0') r o °'co 10,182 SQ FT 10,130 SQ FT I I 9,843 SQ FT z I 15' WIDE PUBLIC I IBL OCK 7 UTILITY EASEMENT CURVE TABLE NUMBER DELTA ANGLE CHORD DIRECTION TANGENT RADIUS ARC LENGTH CHORD LENGTH C1 43°31'52" S 22°04'49" W 17.97' 45.00' 34.19' 33.37' C2 44°53'58" N 21'23'46" E 22.73' 55.00' 43.10' 42.01' C3 37°23'07" N 19°44'46" W 18.61' 55.00' 35.89' 35.25' C4 41°19'12" N 59°05'55" W 20.74' 55.00' 39.66' 38.81' C5 43°37'53" S 78°25'33" W 22.02' 55.00' 41.88' 40.88' C6 48°16'42" S 32°28'15" W 24.65' 55.00' 46.34' 44.99' C7 51 °32'53" S 17°26'33" E 26.56' 55.00' 49.48' 47.83' C8 43°31'52" N 21'27'03" W 17.97' 45.00' 34.19' 33.37' C9 50°42'13" N 25°39'59" E 9.48' 20.00' 17.70' 17.13' C10 58'13'51 " S 21'54'10" W 30.63' 55.00' 55.90' 53.52' C11 40°03'36" S 27°14'33" E 20.05' 55.00' 38.45' 37.68' C12 55°12'07" S 74°52'25" E 28.75' 55.00' 52.99' 50.96' C13 49°46'53" N 52°38'05" E 25.52' 55.00' 47.79' 46.30' C14 78°07'59" N 11°19'20" W 44.64' 55.00' 75.00' 69.32' C15 50°42'13" S 25°02'13" E 9.48' 20.00' 17.70' 17.13' C16 10°17'44" N 84°32'15" W 11.04' 122.50' 22.01' 21.98' 98.49' LINE TABLE NUMBER DIRECTION DISTANCE L1 S 0°18'53" W 5.34' L2 S 0°18'53" W 52.84' L3 S 0°18'53" W 7.52' LOT 14 10,439 SQ FT 82.01' 80.31' 102.86' N 0021'55" W 641.31' ROCKWELL HOMES INC. INST. NO. 21504276 15' UTILITY 15' UTILITY EASEMENT 55.0' ROW EASEMENT 27.5' 27.5' 4' 9' 18.5' 18.5' 9' ?4 cu T S��pF 2.50% CROWN 3TREET SECTION TYPICAL 55' STREET SECTION NO SCALE TYLER REED KNESS MILLER INST. NO. 22014464 S 0033'34" E 191.13' 106.63' -55.0 46.0' GNN v V 7 LOT 73 od 00 10,031 SQ FT co ROGER JORDAN JOHNSON INST. NO. 21908448 84.50' LOT 11 15,488 SQ FT S 12 3 LOT 12 14,363 SQ FT 152.04' MOLL Y J LANDON INST. NO. 21907393 JENICA CARTER INST. NO. 21909220 BRYAN J CHRISTENSEN INST. NO. 21902609 N 00°21'55" W 607.18' LAMAR ST 0 0 M w 0 N M o m co 5 s. F�`< SOUTH 1/4 CORNER OF s� ppF SECTION 5. INST. NO'S. 668097, 765498 & 20915175 LEGEND & NOTES U - Lu U) PROPOSED PROPERTY LINE Lqz0 - - N0� z co QOIx U N Q PROPOSED CENTER LINE wpm - z - N O 0 co In - - - _ 00zQ co Z O m 3 I R R I / IRRIGATION LINE o BRITINI PEREZ SS / = io INST. NO. 22021434 SID / STORM LINE rn I0 V/ N GAS LINE co r T FO- / -T FO- BRYAN J CHRISTENSEN INST. NO. 21902609 N 00°21'55" W 607.18' LAMAR ST 0 0 M w 0 N M o m co 5 s. F�`< SOUTH 1/4 CORNER OF s� ppF SECTION 5. INST. NO'S. 668097, 765498 & 20915175 ARCH B SCALE (12"x18") 1 INCH = 60 FEET 60 0 30 60 BASIS OF BEARING Z THE CENTRAL MERIDIAN OF EAST ZONE OF IDAHO STATE PLANE Z 30 0 15 30 COORDINATE SYSTEM 1 INCH = 30 FEET ARCH D SCALE (241lx3611) PRELIMINARY PLAT FOR: BROOKSTONE ESTATE DIVISION 9 LOCATED IN THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M. CITY OF CHUBBUCK, BANNOCK COUNTY, IDAHO DEVELOPER INFORMATION NAME DANNIS ADAMSON 1505 EAST CENTER CONTACT DANNIS ADAMSON ADDRESS POCATELLO IDAHO, 83201 PHONE (208) 251-7107 SHEET INFORMATION DRAWN BY JJB I CHECKED BY I BMS PROJECT# 21-007 DATE CREATED 2/05/2021 1 LAST REVISED FILE PATH R:\21\Adamson, Dannis\Brookstone Estates Division 9 - 21-007\DES\BASE\BS9 Civil Base_JJB.dwg TM A Engineers Surveyors nn g eerssSu eyors sP/ r a es 600 East Oak Street Pocate/%, /D 83201 (208J 234 -Of f0 www.rmes.biz LEGEND & NOTES - PROPOSED BOUNDARY LINE PROPOSED PROPERTY LINE - - PROPOSED EASEMENT LINE - - - PROPOSED CENTER LINE - SECTION LINE EXISTING PROPOSED - - - _ COUNTOUR LINES WWW / WATER LINE I R R I / IRRIGATION LINE SS / = SEWER LINE SID / STORM LINE OU UE- / 0U--- UE UNDERGROUND / OVERHEAD POWER LINE G G G / G G G- GAS LINE T FO- / -T FO- TELEPHONE / FIBER LINE CATV CATV - / -CATV CATV - CABLE TV LINE ° >° / SIDEWALK / STANDARD CURB / RIBBON CURB * / B / • FIRE HYDRANT/ WATER VALVE m / @ l / m WATER METER / WATER SERVICE ig / a / IRRIGATION BOX / IRRIGATION SERVICE Q SEWER MANHOLE SEWER SERVICE 9 QQ / / STORM MANHOLE / STORM CATCH BASIN POWER POLE / POWER BOX - GAS METER TELEPHONE BOX / FIBER OPTIC BOX CABLE TV BOX NOTES 1. EXISTING ZONING: SINGLE FAMILY RESIDENTIAL (R-1) 2. LOT SIZE DATA: REQUIRED MINIMUM: 7,000 SQ FT PROPOSED MINIMUM: 8,964 SQ FT TOTAL ACREAGE: 4.43 ACRES 3. SUBDIVISION STATS 14 TOTAL LOTS 14 RESIDENTIAL 4. GAS, POWER, TELEPHONE, CABLE TV ETC. TO BE PROVIDED 5. STORM WATER GENERATED SHALL BE DETAINED IN ROADSIDE SWALES AND UNDERGROUND IF NECESSARY 6. EASEMENTS WITHIN THE INTERIOR OF THE SUBDIVISION WILL BE 15' (FT) WIDE UNLESS OTHERWISE STATED 7. LOT 13 THROUGH 18 WILL BE RESTRICTED (R) TO LIMIT VEHICULAR ACCESS ONTO LAMAR ST 8, SIDEWALKS ALONG WEST SIDES OF LOT 13 THROUGH 18 (FUTURE LAMAR ST) SHALL BE GUARANTEED WITH RESPECTIVE BUILDING PERMITS AND WILL BE REQUIRED TO BE CONSTRUCTED AT SUCH TIME LAMAR STREET IS IMPROVED ARCH B SCALE (12"x18") 1 INCH = 60 FEET 60 0 30 60 BASIS OF BEARING Z THE CENTRAL MERIDIAN OF EAST ZONE OF IDAHO STATE PLANE Z 30 0 15 30 COORDINATE SYSTEM 1 INCH = 30 FEET ARCH D SCALE (241lx3611) PRELIMINARY PLAT FOR: BROOKSTONE ESTATE DIVISION 9 LOCATED IN THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M. CITY OF CHUBBUCK, BANNOCK COUNTY, IDAHO DEVELOPER INFORMATION NAME DANNIS ADAMSON 1505 EAST CENTER CONTACT DANNIS ADAMSON ADDRESS POCATELLO IDAHO, 83201 PHONE (208) 251-7107 SHEET INFORMATION DRAWN BY JJB I CHECKED BY I BMS PROJECT# 21-007 DATE CREATED 2/05/2021 1 LAST REVISED FILE PATH R:\21\Adamson, Dannis\Brookstone Estates Division 9 - 21-007\DES\BASE\BS9 Civil Base_JJB.dwg TM A Engineers Surveyors nn g eerssSu eyors sP/ r a es 600 East Oak Street Pocate/%, /D 83201 (208J 234 -Of f0 www.rmes.biz Brookstone Estates Division No. 9 - Preliminary Plat Narrative 1. The subdivision proposal complies with the applicable provisions of this title. The current project as proposed meets the applicable provisions of this title. 2. The subdivision proposal complies in principle with all applicable City design standards and development regulations. The current project as proposed will follow the current city standards. 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. The current project is a continuation of the Brookstone Estates Subdivision Masterplan within the city and will follow the same parameters and guidelines as the previous phases. 4. All public facilities including streets, sidewalks, curbs, gutters, 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. Although this phase of the project terminates in two Cul-de-sacs, it still allows cross connectivity to the East. The proposed project will still provide future extension of public facilities to the East, and ties into other street networks to the North that will then continue into future developments. 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. The proposed project will only consist of 14 households. Assuming an overall national average of 12.0 trips per household per day (14.0 x 12.0 = 168.0), the 168.0 total trips per day will not generate enough peak hour trips or total trips to warrant a traffic impact study. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents connection to abutting streets or property. As stated in item #4, the proposed layout will allow for future continuation of the roads to the East and North. 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. The proposed subdivision will have sidewalks that will tie into previous phases of a neighborhood that has several areas where bike paths intersect to allow both bicycle and pedestrian traffic to circulate throughout the neighborhood with limited crossings at the streets. 8. Public utilities are provided to the newly created lots in public rights-of-way or in appropriately sized easements (Ord. 773, 2018) The proposed project will have a 15' public utility easement provided within the platted subdivision for public utilities to install their infrastructure to provide services to the new homes that will be built. Exhibit 5a: Comprehensive Plan Future Land Use Map Brookstone Estates Division 9 CHUBBUCKH 0 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Bannock Res idea da: Exhibit 5b: Current Zoning Map Brookstone Estates Division 9 4 irIri am Thurston St. M CHUBBUCKH 0 1 0 6 ' Ig' Ak G ; .r err Pr. -96P .. ;A �. C Y Cl i j 7 hP j+ F P&I '■ +�-,� w tM yup, 11111 {—c—c' PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us a. Site Posting CHUBBUCK 1 0 Exhibit 6: Evidence of Notice a. Site Posting b. Agency notices on file with staff jr le Sign posted at west end of Lambert St. on February 17, 2021 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us /a 0�t\ CHUBBUCK I D 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 ACADEMY ACRES SUBDIVISION PRELIMINARY PLAT REQUEST - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON MARCH 11, 2021 STAFF FINDINGS SUMMARIZED After reviewing the proposed Academy Acres 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, which will likely include a pump station • Preliminary Plat recommendations are conditional upon City Council approval of the plat FACTS REQUEST: The applicant proposes a 36 lot Preliminary Plat for 36 residential building lots in the Academy Acres subdivision. It includes extending Alpine Ave. from Kasiska Subdivision on the east to Connor Academy on the west and constructing Nordic Dr. and Galena Ave. north to the property boundary (see Exhibits 1 and 2). BACKGROUND: This is the 1 st division of the Academy Acres 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: Group 5, LLC P.O. Box 2194 Pocatello, ID 83206 PROFESSIONAL SERVICES: RMES 600 E. Oak St. Pocatello, ID 83201 LOCATION: NW 1/4 of Section 9, Township 6 South, Range 34 East, of the Boise Meridian, on the north side of Interstate 86, west of Kasiska Subdivision. Generally located at Alpine Ave. between Redman St. and Philbin Road. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Residential (R-2) CURRENT LAND USE: Agricultural, Farming PROJECT SIZE: ±11.71 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None RECENT TRAFFIC COUNTS: 2020: W. Chubbuck Rd at Galena Ave, 8983/day 2018: Philbin Rd at W. Chubbuck Rd, 5005/day 2018: Hawthorne Rd at Alpine Ave, 10889/day SURROUNDING LAND USES AND ZONING NORTH: Single family homes subdivision; Planned Unit development (PUD), Limited Residential (R-2) zone EAST: Single family homes subdivision; Limited Residential (R-2) zone SOUTH: Single family homes subdivision/Interstate - 86; City of Pocatello Residential High Density (RH) zone WEST: School/ Vacant; Limited Residential (R-2) zone SERVICES: ACCESS STREET: Current access to site via Alpine Ave. to the east, Galena Ave. to the north, Alpine Ave. to the west. FIRE/EMS PROTECTION: City of Chubbuck Fire Department SANITARY SEWER: City of Chubbuck Sewer 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 March 11, 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. CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION 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 Sidewalks are included within the development and extend to adjacent developments. 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 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 the frontages of all lots within this development. POLICY h. Design local streets serving residential areas as "skinny" streets to slow traffic and accommodate pedestrians and bicycles, as well as vehicles COMMENT Sidewalks are separated from the curb by a park strip. The streets meet the current width standard for streets with a drainage swale, which are narrower than those without. CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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 The streets and sidewalks are connected through to neighboring developments CHAPTER 6: COMMUNITY DESIGN GOAL 6.3 IN NEW NEIGHBORHOODS, PROVIDE A BETTER MIX OF RESIDENTIAL AND COMMERCIAL LAND USES AND A MORE WALKABLE COMMUNITY OBJECTIVE 6.3.2 Use neighborhood design principles for new development within Neighborhood Plan Districts, as defined on the Growth Management Plan Map POLICY a. New neighborhoods shall be designed to meet the following design principles: • Connect streets with other streets to provide a network • Use distinct edges or boundaries to define the neighborhood • Include sidewalks that are safe, convenient, and interesting • Incorporate parks and institutions into neighborhoods • Provide a mix of housing choices and types • Design neighborhoods to accommodate bus transit COMMENT The parcel is adjacent to subdivisions that includes street and sidewalk connectivity, access to transit and a park system. The City owns land for a larger destination park northwest of this parcel, located at the intersection of Philbin Rd. and Angela St. POLICY b. Assure that future developments results in the establishment of recognizable neighborhoods, communities, and districts COMMENT The Academy Acres Subdivision fits well with neighboring subdivisions that are recognized throughout the community. 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 This 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 COMMENT Stormwater will be required to remain on site. POLICY d. Limit development on steep slopes COMMENT There are no steep slopes in 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 194�0t\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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 a. Encourage compact development in order to reduce the cost of providing public services COMMENT The proposed subdivision has a gross density of 3.07 units per acre. 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 10: HOUSING OBJECTIVE 10.1.2 Protect residential property values POLICY a. Use a combination of zoning, development standards, site planning guidelines, and transportation routes to protect residential property values — they will be used to create the highest level of compatibility between adjacent uses possible while retaining a synergistic mix of uses within neighborhoods and communities COMMENT The site will be developed with lots of different sizes, very similar to those in other divisions of adjacent subdivisions. 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 1940�t_\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMMENT There are paths and sidewalks throughout the development, but students are currently bussed to school. 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 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 1940�t-\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 1940�t-\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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 extended into the development, Comments applicant has provided service locations shown on the preliminary plat. 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 R-2 zone and is limited to 35 ft high and Comments 6,000 square feet minimum lot size. 18.08.044 Lot Width to depth ratio x Staff This is proposed in the R-2 zone, maximum ratio is 1:2. Comments Applicant is requesting a waiver to this requirement, the unique lay of the land, combined with the additional 35' of canal right of way in all lots backing up to the canal makes it hard to meet this requirement. 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 has been dedicated and the street will be constructed per Streets 16.12.020C 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. Secondary irrigation facilities will be designed and constructed in accordance with section 16.12.230 of city code. The applicant will connect to the area wide Pressurized Secondary irrigation pump station proposed by Alpine Crossing Division 1 B but is Irrigation requesting a waiver to delay the connection until such time pump station and distribution lines have been extended to the subdivision boundary. Parks Park impact fees will be required for this 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. Direct Communications No comment received. ID Fish and Game No comment received. 1940�t-\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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. CHUBBUCKH 0 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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 Manager sharris@cityofchubbuck.us (208) 237-2430 DATE: February 24, 2021 1. Reference Map 2. Application for Preliminary Plat 3. Plat 4. Narrative for Preliminary Plat 5. Maps a. Future Land Use CHUBBUCK 1 0 Staff comments in this report are based solely 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 www.CityofChubbuck.us b. Current Zoning 6. Evidence of Notice a. Site Postings b. Agency notices on file w/staff 1940�t-\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Exhibit 1: Reference Map — Academy Acres CHUBBUCK 101HO Interstate 86 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Aii��Ocx CHUBBUCK PO Box 5604 - 5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 - Fax 208.237.2409 www.CityofChubbuck.us Academy Acres ti...... �. Exhibit 2........ r PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 1 OF 5 Requirements and procedures for Preliminary Plat applications are found in section 77.72.030 - 77.72.790 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: 2111121 INITIALS: 5WH FEES PAID? (D N AMOUNT: $383.00 SECTION A —DEVELOPER/APPLICANT INFORMATION Al. Name Group 5, LLC A2. Mailing Address P.O. Box 2194 City State Zip Code Pocatello ID 83206 A3, Phone Number {including area code) A4. Email Address 208-251-1716 k5constructionidaho@gmail.com SECTION B — PROFESSIONAL SERVICES INFORMATION B3. Firm Name RMES B2. Mailing Address 600 East Oak St. City State Zip Code Pocatello ID 83201 B3. Point of Contact (Name) B4. Email Address Brady Smith brady@rmes.biz SECTION C — SITE INFORMATION Cl. Site Address City Zip C2. Tax Parcel #isj North of 1-86 Chubbuck 83202 RPRCCPCO25732 East of Philbin Rd. C3. Current Land Use C4. Are there existing structures on-site? Limited Residential (R-2) ❑ Yes ❑X No C5. is the site under contract or in the name of the developer/applicant? C6. Approximate size of property ❑x Yes ❑ No 11.71 Acres C7, Are there any existing items of which Staff should be aware? C8. Does the site contain irrigation water rights? ❑ Yes X❑ No If yes: X❑ Yes ❑ No If yes, which company/district: Fort Hall Irrigation lao"C�' CHUBBUCKH 0 1 11 PO Box 5604-5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us .. . .. .......... Academy Acres Exhibit 2......... PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 2 OF S SECTION D — PROPOSED DEVELOPMENT INFORMATION D1, Plat Name D2. Number of Lots Academy Acres Subdivision Division 1 & 2 36 D3. Type of Land Uses within development (fesidential, commercial, industrial, etc.) D4. Water & Sewer Needs Residential City Water & Sewer D5. Are there any issues related to the development of which Staff should be aware prior to meeting? ❑ Yes 0 No If yes: Will the development contain any commonly -owned and/or maintained improvements (stormwater facilities, community mailboxes, streets, D6. parks/playgrounds, etc.)? The hope is that the property owner and city can find an arrangement that works for both parties for 0 Yes ❑ No If yes, what? the city to take over a small open space strip next to the freeway for storm water and park access use. Will the development contain any land within a designated floodplain (FEMA or Chubbuck? ❑ Yes 0 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? D6. ❑ 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 ❑X 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. SEE D6 SECTION E — ADDITIONAL SUBMITTAL REQUIREMENTS E1. Preliminary Plat Application Fees: Total # of lots 36 X $5.00+$203.00 base fee = $ 383.00 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 areas 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 PO Box 5604 — 5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Academy Acres Exhibit 2 F .......................... 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 pari 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 CLOMR 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. la6-c-\ CHUBBIER I D q H 0 PO Box 5604 — 5160 Yellowstone Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Academy Acres Exhibit 2 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 SWH BMS • Drawing Size (11"x22" minimum through 22"x34" maximum) WHBMS Proposed Name SWH BMS • Location of Development by Section, Township, Range SWH BMS • Reference to Section or Quarter Corner (dist. & Bear.) SWH BMS • Name, Address, Phone Number of Developer SWH BMS Name, Address, Phone Number of Engineer/Surveyor SWH BMS • North Arrow SWH BMS • Date of Preparation (Including Revisions) SWH QMS Vicinity Map 17.12.170 Existing Conditions SWH BMS • Existing Contours @ adequate Interval BMS SWH • Existing Features SWH BMS • Existing Utilities SWH BMS . Existing R -O -W, easements, public areas, corporation lines SWH BMS . Instrument # for parcels with common boundaries SWH BMS • Existing & proposed zoning SWH BMS • Total acreage SWH BMS • Boundary dimensions 17.12.180 Proposed Conditions SWH BMS a Street layout (including width) SWH BMS • Street names SWH BMS • Connections to existing streets SWH BMS • Lot dimensions SWH BMS • Lot numbers SWH BMS • Total number of lots SWH BMS a Location, width, and use of easements SWH BMS • Designation of land for public use (parks and open space) 17.12.190 Proposed Utility Methods SWH BMS 0 Proposed sewage disposal SWH BMS • Proposed water supply SWH BMS • Proposed storm water disposal SWH BMS • 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) NIA N/A 0 Floodplain boundaries, type, and BFEs CHUBBUCKH a 1 0 PO Box 5604 — 5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 —Fax 208.237.2409 www.CityofChubbuck.us SECTION F- CERTIFICATION ........................... Academy Acres Exhibit 2 s. PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 5 OF 5 • 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, • I certify that l am authorized to file this application. F1. Signature F2. Printed Name F3. Date '7 z I SECTION G -FOR STAFF USE ONLY 1 G1. COMPLETENESS REVIEW: Deemed complete? Reviewed by: SWH Date: 2111121 ® Yes ❑ No If no, list concern (s): Applicant Notified? PYes ❑ No Comments: Minor Plat Revisions 16000, ppp S 6 \ 6° 00 �0 9 sS PRELIMINARY PLAT FOR: ACADEMY ACRES SUBDIVISION LOCATED IN THE NW 1/4 OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO � 6102 Op. J LOT 8 6p \ 8,311 SQ FT c�, � '00' 0 cb ti� M . LOT 7 BL nrw 9 CoJk- Cn ^ 8,342 SQ FT 6 00, SEEN TE 6 & 7 � LOT6 6p �'°' 8,373 SQ FT \ � LOT 5 6 8,404 SQ FT� �� 36>. \ \ ti���� LOT 4 \ \ Co 8,435 SQ FT \ 3 76, \ / A C 'zLOT 344, a? \ 8,976 SQ FT 0,0 333.0 t °� �, L0T 2 uj \ O I - \ 9,072 SQ FT LOT Z \ o C11W �^° 10,564 SQ FT I a co � � z z w P1,�A 2�9 1.00, i ss 0 PP �N PO 291 N � 6� V be N 63 125. Lor 7 x$62 / 18,759 SQ FT ROAD I PROVEMENTS IN IS ARE�ALL B ' INSTALLE AS PART OF THIS R(3fiECT BY THE _ DEVELOPE COSTS SH E EIMBURSED BY x$62 , THE CITY ��06 5 N I N 89°44'22" W 2g 0`Z LOT 4 Nu, 80.00' 14,308 SQ FT 00 goza / LOT 3 coo') ;LO-- 70.00' 28I5o 30.00 00 11,803 SQ FT o °r° C LOT 2 � o U)U) LOT I s 9,311 SQ FT � �, LOT 5 � LOT 6 - 8,969 SQ FT BL OCK 7,293 SQ FT 0 0 0 8,267 SQ FT U) C LOT 3 44 10,127 SQ FT -- a - -- -- - -I- `y \ • O �7 66.45' 70.00' 70.00' 70. 0' 70.00' b 60.001' L 0T 2 \ z 8,161 SQ FT\Cg I I w LOT 9 ^ ti 150.51' 508. BLOCK4 6,194 SQ FT °�� Cis:':•'':•:':•:•:•:•.•.•:• •':h;.• ALPINE AVENUE N 89°44'2 " W 831.46' - - - ..... _ _ 68.37' 68.37' •:;:;:;:;:;: 7:•7,a 4; f,T;• • r-�_ - -- _ -- -----_ _- -- - - _ n� q --- -- -- ----- --------- --__- SEE NOTE 8 N 89044'22" W 1410.75' STATE OF IDAHO WALKING PATH A 25 FOOT EASEMENT GRANTED TO THE J.T. SIMPLOT COMPANY INST. NO. 434691 FOR INSTALLING AND MAINTAINING A PHOSPHATE SLURRY PIPELINE (INSTRUMENT NO. 90004303) INTERSTATE 15 LINE TABLE NUMBER DIRECTION DISTANCE L1 N 89°44'22" W 4.73' L2 N 33°23'29" E 45.74' DIVISION 1 DIVISION 2 CURVE TABLE NUMBER DELTA ANGLE CHORD DIRECTION TANGENT RADIUS ARC LENGTH CHORD LENGTH Cl 28°38'43" N 75°25'01" W 127.66' 500.00' 249.98' 247.38' C2 9°57'08" N 66°58'40" W 134.05' 1539.64' 267.43' 267.10' C3 55°13'53" S 89°12'12" E 164.79' 315.00' 303.65' 292.03' C4 10°12'22" S 68°17'02" W 23.67' 265.01' 47.21' 47.14' C5 27°37'57" N 75°55'24" W 122.96' 500.00' 241.14' 238.81' C6 1'00'46" N 61'36'02" W 4.42' 500.00' 8.84' 8.84' C7 83°55'57" N 70°22'53" E 18.89' 21.00' 30.76' 28.09' C8 89°30'33" S 16°20'22" E 20.82' 21.00' 32.81' 29.57' C9 28°38'43" S 75°25'01" E 63.83' 250.00' 124.99' 123.69' C10 90°00'00" N 45°15'38" E 21.00' 21.00' 32.99' 29.70' C11 90°00'00" S 44°44'22" E 21.00' 21.00' 32.99' 29.70' C12 90°00'00" N 45°15'38" E 21.00' 21.00' 32.99' 29.70' C13 90°00'00" S 44°44'22" E 21.00' 21.00' 32.99' 29.70' C14 90°00'00" N 44°44'22" W 19.00' 19.00' 29.85' 26.87' C15 90°00'00" N 45°15'38" E 19.00' 19.00' 29.85' 26.87' 0 0 0 GA LOT 8 25,796 SQ FT N 89°44'22" W 116.11' LOT 9 9,429 SQ FT N 89°44'22" W 141.99' LOT 10 9,970 SQ FT N 89°44'22" W 142.87' 74.13' 1 68.74' 0 o NORTH 1/4 CORNER OF 33 SECTION 9, SEE CORNER PERPETUATION INST. NO. 74 20520361 L M Z ti Q Q04 0o N W N PROPOSED EASEMENT LINE n CD O PROPOSED CENTER LINE V1 0 o � Z O � LEGEND & NOTES m cr�ZM w mON PROPOSED BOUNDARY LINE L M Z ti Q Q04 0o 0 Q � Q Z Lu LOT 11 =00 o LOT 12 0 7,318 SQ FT �2 o0 6,937 SQ FT o0 C z mlr� 172.00' 11 CENTER 1/4 COR SEC 9 FOUND ALUMINUM CAP AT CENTER SECTION, ALSO FOUND BRASS CAP RIGHT OF WAY MONUMENT 5' EAST. CP&F INST. NO. 20520376 NOTES 1. EXISTING ZONING: LIMITED RESIDENTIAL (R-2) 2. LOT SIZE DATA - REQUIRED MINIMUM: 6,000 S.F. / PROPOSED MINIMUM: 6,195 S.F. 3. SUBDIVISION STATS -11.71 ACRES SUBDIVIDED INTO 36 TOTAL LOTS / 36 RESIDENTIAL / 1 COMMON AREA 4. GAS, POWER, CABLE TV ETC. TO BE PROVIDED 5. EASEMENTS ARE 15' (FT.) WIDE UNLESS OTHERWISE NOTED 6. FORT HALL IRRIGATION PROJECT HAS A 70 FOOT WIDE RIGHT OF WAY, 35 FEET EACH SIDE OF THE CENTERLINE OF THE REDMAN LATERAL CANAL. NO MODIFICATIONS OR ENCROACHMENT WITHIN THE LIMITS OF THE UNITED STATES RIGHT OF WAY FOR THE REDMAN CANAL LATERAL WILL BE ALLOWED WITHOUT PRIOR WRITTEN APPROVAL BY THE BUREAU OF INDIAN AFFAIRS. 7. THE 35' WIDE R.O.W. WILL ALSO SERVE AS A DEDICATED EASEMENT TO THE CITY OF CHUBBUCK FOR ACCESS AND RECREATION CONDITIONAL UPON WRITTEN APPROVAL FROM THE BUREAU OF INDIAN AFFAIRS. 8. OPEN SPACE WILL BE DEDICATED TO THE CITY OF CHUBBUCK FOR A RECREATION PARK, DRAINAGE CONTROL, AND ANY OTHER PURPOSE DEEMED APPROPRIATE BY THE CITY OF CHUBBUCK COUNCIL. SAID OPEN SPACE TO BE COVERED IN ITS ENTIRETY WITH A PUBLIC UTILITY AND STORM WATER DRAINAGE EASEMENT. HALF SIZE SCALE (12"x18") 1 INCH = 100 FEET 0 25 50 100 0 25 50 100 1 INCH = 50 FEET FULL SIZE SCALE (24"x36") PRELIMINARY PLAT FOR: ACADEMY ACRES SUBDIVISION LOCATED IN THE NW 1/4 OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO `�SS\ONAL FN \ G\STER �., 863 G R DEVELOPER INFORMATION NAME GROUP 5, LLC CONTACT KURT DAVIS ADDRESS P.O. BOX 2194 PHONE (208)251-1716 POCATELLO IDAHO, 83206 SHEET INFORMATION DRAWN BY BMS CHECKED BY I JMG PROJECT # 21-015 DATE CREATED 2/6/21 1 LAST REVISED2/10/21 FILE PATH RA21 \Davis, Kurt\Academy Acres - 21 -01 5\D ES\LAY\Prel i m i nary Plat.dwg TM .El7h r ry r nn r q eessSu eyos sP/a es 600 East Oak Street Pocate/%, /D 83201 [208)2.14-0110 www.rmes.bii LEGEND & NOTES - PROPOSED BOUNDARY LINE PROPOSED PROPERTY LINE - - PROPOSED EASEMENT LINE - - PROPOSED CENTER LINE - SECTION LINE EXISTING PROPOSED - / COUNTOUR LINES W -*-W- / WATER LINE IRRI ) / IRRIGATION LINE SS-)-/ = SEWER LINE SID-) / STORM LINE OU UE- / 0U--- UE UNDERGROUND / OVERHEAD POWER LINE G G C / G G G- GAS LINE T FO / -T FO- TELEPHONE / FIBER LINE CATV CATV - / CATV CATV - CABLE TV LINE �- :.....:.:.::.:.. /E: :.... ....:. ... _-� SIDEWALK / STANDARD CURB / RIBBON CURB + / • / FIRE HYDRANT/ WATER VALVE / s e / a WATER METER / WATER SERVICE / o / IRRIGATION BOX/ IRRIGATION SERVICE O O SEWER MANHOLE ^ ® SEWER SERVICE O / 9 / STORM MANHOLE / STORM CATCH BASIN O / POWER POLE / POWER BOX GAS METER / o / TELEPHONE BOX/ FIBER OPTIC BOX CABLE TV BOX NOTES 1. EXISTING ZONING: LIMITED RESIDENTIAL (R-2) 2. LOT SIZE DATA - REQUIRED MINIMUM: 6,000 S.F. / PROPOSED MINIMUM: 6,195 S.F. 3. SUBDIVISION STATS -11.71 ACRES SUBDIVIDED INTO 36 TOTAL LOTS / 36 RESIDENTIAL / 1 COMMON AREA 4. GAS, POWER, CABLE TV ETC. TO BE PROVIDED 5. EASEMENTS ARE 15' (FT.) WIDE UNLESS OTHERWISE NOTED 6. FORT HALL IRRIGATION PROJECT HAS A 70 FOOT WIDE RIGHT OF WAY, 35 FEET EACH SIDE OF THE CENTERLINE OF THE REDMAN LATERAL CANAL. NO MODIFICATIONS OR ENCROACHMENT WITHIN THE LIMITS OF THE UNITED STATES RIGHT OF WAY FOR THE REDMAN CANAL LATERAL WILL BE ALLOWED WITHOUT PRIOR WRITTEN APPROVAL BY THE BUREAU OF INDIAN AFFAIRS. 7. THE 35' WIDE R.O.W. WILL ALSO SERVE AS A DEDICATED EASEMENT TO THE CITY OF CHUBBUCK FOR ACCESS AND RECREATION CONDITIONAL UPON WRITTEN APPROVAL FROM THE BUREAU OF INDIAN AFFAIRS. 8. OPEN SPACE WILL BE DEDICATED TO THE CITY OF CHUBBUCK FOR A RECREATION PARK, DRAINAGE CONTROL, AND ANY OTHER PURPOSE DEEMED APPROPRIATE BY THE CITY OF CHUBBUCK COUNCIL. SAID OPEN SPACE TO BE COVERED IN ITS ENTIRETY WITH A PUBLIC UTILITY AND STORM WATER DRAINAGE EASEMENT. HALF SIZE SCALE (12"x18") 1 INCH = 100 FEET 0 25 50 100 0 25 50 100 1 INCH = 50 FEET FULL SIZE SCALE (24"x36") PRELIMINARY PLAT FOR: ACADEMY ACRES SUBDIVISION LOCATED IN THE NW 1/4 OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO `�SS\ONAL FN \ G\STER �., 863 G R DEVELOPER INFORMATION NAME GROUP 5, LLC CONTACT KURT DAVIS ADDRESS P.O. BOX 2194 PHONE (208)251-1716 POCATELLO IDAHO, 83206 SHEET INFORMATION DRAWN BY BMS CHECKED BY I JMG PROJECT # 21-015 DATE CREATED 2/6/21 1 LAST REVISED2/10/21 FILE PATH RA21 \Davis, Kurt\Academy Acres - 21 -01 5\D ES\LAY\Prel i m i nary Plat.dwg TM .El7h r ry r nn r q eessSu eyos sP/a es 600 East Oak Street Pocate/%, /D 83201 [208)2.14-0110 www.rmes.bii PRELIMINARY PLAT FOR: ACADEMY ACRES SUBDIVISION LOCATED IN THE NW 1/4 OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO VV/'1 LI\IIVV I /'1111 INST. NO. 434691 1 A 25 FOOT EASEMENT GRANTED TO THE J.T. SIMPLOT COMPANY INTERSTATE 15 L FOR INSTALLING AND MAINTAINING A PHOSPHATE SLURRY PIPELINE (INSTRUMENT NO. 90004303) CL 15.0' 33.0' 33.0' 15.0' - Lu 9.0' SWALE 24.0' 24.0' 9.0' SWALE < W o o W 2i Lu w W 11.0' 2.5%SLOPE 2.5% SLOPE 1.0' I W �l:1 q:1 TYPICAL 66' STREET SECTION (GALENA AVENUE, ALPINE AVENUE & NORDIC DRIVE) DIVISION 1 DIVISION 2 LEGEND & NOTES PROPOSED BOUNDARY LINE PROPOSED PROPERTY LINE PROPOSED EASEMENT LINE PROPOSED CENTER LINE SECTION LINE EXISTING PROPOSED / COUNTOUR LINES V1—VvIL—V\— / WATER LINE IRRI ) / IRRIGATION LINE —SS—)—/ = SEWER LINE —SD—) / STORM LINE OU UE— / 0U-- UE UNDERGROUND / OVERHEAD POWER LINE G G C / G G G— GAS LINE T FO / —T FO— TELEPHONE / FIBER LINE CATV CATV — / CATV CATV — CABLE TV LINE �- :.....:.:.::.:.. /E: I:.... ....:. ... ,. . _-� SIDEWALK / STANDARD CURB / RIBBON CURB + / • / FIRE HYDRANT/ WATER VALVE / s e / a WATER METER / WATER SERVICE / o / IRRIGATION BOX/ IRRIGATION SERVICE O O SEWER MANHOLE ^ ® SEWER SERVICE O / 9 / STORM MANHOLE / STORM CATCH BASIN O / POWER POLE / POWER BOX GAS METER / o / TELEPHONE BOX/ FIBER OPTIC BOX CABLE TV BOX NOTES 1. EXISTING ZONING: LIMITED RESIDENTIAL (R-2) 2. LOT SIZE DATA - REQUIRED MINIMUM: 6,000 S.F. / PROPOSED MINIMUM: 6,195 S.F. 3. SUBDIVISION STATS -11.71 ACRES SUBDIVIDED INTO 36 TOTAL LOTS / 36 RESIDENTIAL / 1 COMMON AREA 4. GAS, POWER, CABLE TV ETC. TO BE PROVIDED 5. EASEMENTS ARE 15' (FT.) WIDE UNLESS OTHERWISE NOTED 6. FORT HALL IRRIGATION PROJECT HAS A 70 FOOT WIDE RIGHT OF WAY, 35 FEET EACH SIDE OF THE CENTERLINE OF THE REDMAN LATERAL CANAL. NO MODIFICATIONS OR ENCROACHMENT WITHIN THE LIMITS OF THE UNITED STATES RIGHT OF WAY FOR THE REDMAN CANAL LATERAL WILL BE ALLOWED WITHOUT PRIOR WRITTEN APPROVAL BY THE BUREAU OF INDIAN AFFAIRS. 7. THE 35' WIDE R.O.W. WILL ALSO SERVE AS A DEDICATED EASEMENT TO THE CITY OF CHUBBUCK FOR ACCESS AND RECREATION CONDITIONAL UPON WRITTEN APPROVAL FROM THE BUREAU OF INDIAN AFFAIRS. 8. OPEN SPACE WILL BE DEDICATED TO THE CITY OF CHUBBUCK FOR A RECREATION PARK, DRAINAGE CONTROL, AND ANY OTHER PURPOSE DEEMED APPROPRIATE BY THE CITY OF CHUBBUCK COUNCIL. SAID OPEN SPACE TO BE COVERED IN ITS ENTIRETY WITH A PUBLIC UTILITY AND STORM WATER DRAINAGE EASEMENT. HALF SIZE SCALE (12"x18") 1 INCH = 100 FEET 0 25 50 100 0 25 50 100 1 INCH = 50 FEET FULL SIZE SCALE (24"x36") PRELIMINARY PLAT FOR: ACADEMY ACRES SUBDIVISION LOCATED IN THE NW 1/4 OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO `�SS\ONAL FN G\STER 863 G R DEVELOPER INFORMATION NAME GROUP 5, LLC CONTACT KURT DAVIS ADDRESS P.O. BOX 2194 PHONE (208) 251-1716 POCATELLO IDAHO, 83206 SHEET INFORMATION DRAWN BY BMS CHECKED BY JMG PROJECT # 21-015 DATE CREATED 2/6/21 LAST REVISED 2/10/21 FILE PATH R:\21 \Davis, Kurt\Academy Acres - 21 -01 5\D ES\LAY\Prel i m i nary Plat.dwg TM . En h7 r ry r $ P/ nn r q eessSu eyos a es 600 East Oak Street Pocate/%, /D 83201 [208)2.14-0110 www.rmes.bii Academy Acres Subdivision Div. 1 & 2 - Preliminary Plat Narrative 1. The subdivision proposal complies with the applicable provisions of this title. The current project as proposed meets the applicable provisions of this title. 2. The subdivision proposal complies in principle with all applicable City design standards and development regulations. The current project as proposed will follow the current city standards. 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. The current project is zoned Limited Residential (R-2) and will comply with all of the standards defined within that zoning district. 4. All public facilities including streets, sidewalks, curbs, gutters, 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. The current layout of the project allows for future extension of public facilities to the south along Galena Avenue and east / west along Alpine Avenue. 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. The proposed project will only consist of 36 households. Assuming an overall national average of 12.0 trips per household per day (36 x 12 = 118.8), the 432.0 total trips per day will not generate enough peak hour trips or total trips to warrant a traffic impact study. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents connection to abutting streets or property. As stated in item #4, the proposed layout will allow for future continuation of the roads to the south along Galena Avenue and east / west along Alpine Avenue. 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. The proposed subdivision will have sidewalks and a path that will tie into previous phases of Kasiska Subdivision to the east that has a large city park with a bike / walking path that surrounds a tot lot and a multi -use sport court. This will create neighborhood cross connectivity and allow both bicycle and pedestrian traffic to circulate throughout the neighborhood with limited crossings at the streets. 8. Public utilities are provided to the newly created lots in public rights-of-way or in appropriately sized easements (Ord. 773, 2018) The proposed project will have a 15' public utility easement provided within the platted subdivision for public utilities to install their infrastructure to provide services to the new homes that will be built. Exhibit 5a: Comprehensive Plan Future Land Use Map Academy Acres CHUBBUCK IDRHO PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us f1J CHUBBUCK IDRHO Exhibit 5b: Current Zoning Academy Acres Rr"'�� ,- 1 nie isii3#e a6 sM += r PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Exhibit 6: Evidence of Notice a. Site Posting b. Agency notices on file with staff a. Site Posting Sign posted February 17, 2021 at the south end of Galena Ave. NOTICE Sign posted February 17, 2021 at the east end of Alpine Ave. 1940�t-\ CHUBBUCK 1 0 Sign posted February 17, 2021 at the west end of Alpine Ave. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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: March 2, 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 and February meetings, City Code Chapter 18.13 needs to be updated to meet new criteria from the Federal Communications Commission (FCC). Most importantly, the Spectrum Act, Section 6409(a) and updates to the Code of Federal Regulations (CFR) relating to modifications to antennae need to be addressed. Mandates are now in place for 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 Attached is a draft ordinance with significant proposed changes to current city code. CHUBBUCK CITY CODE CHAPTER 18.13 WIRELESS TELECOMMUNICATIONS -COMMUNICATION 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: Modification and Collocation of Antennas. DAS. and Small Cells 18.13.110: Design Criteria 18.13.120: Permits Required 18.13.XXX: WCF Facilities and Uses by Land Use District 18.13.XXX: Permit Review Time Requirements 18.13.130: inspection Maintenance Requirements 18.13.140: Landscaping; Screening 18.13.150: Abatement. Nonuse;, and Abandonment 18.13.160: Third Party Review 18.13.XXX: Antenna Support Structure SafetX 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 wireless communication and telecommunication services in the city. These standards were designed to comply with the telecommunications act of 1996 and subsequent congressional actions and rulemaking by the Federal Communications Commission (FCCI. 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) Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 1 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 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 promote and encourage utilization of technology and designs to either eliminate or reduce the need for new tower structures to support antenna and other communication facilities. F -.G. To consider the public health and safety of towers to the extent permitted by federal law and other regulations set forth by the FCCthe *e'ee-^mmunic tions act of 1996; and 6:H. To avoid potential damage or adverse impacts to adjacent properties through sound engineering practices, construction, modification, maintenance, and the proper siting of antenna and support structures, and removal when no longer used or are determined structurally unsound. (Ord. 535 §2, 2000) I. To ensure that wireless communications facilities are compatible with surrounding land uses to the greatest extent reasonably possible 18.13.030: DEFINITIONS: For the purposes of this chapter, the following terms shall have the meanings ascribed to them below: #. ABANDONMENT: ***note - the definition numbers will likely change during the update process, so no numbers are assigned*** —_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 Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 2 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. This definition does not apply to antennas designed for amateur radio use or small satellite dishes for residential or household purposes. #. ANTENNA EQUIPMENT: Any equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, located at the same fixed location as the antenna and when collocated on a structure, is mounted or installed at the same time. Antenna equipment includes, but is not limited to, radio transceivers, antennas, switches, regular and backup power supply, shelters or cabinets, wiring, and coaxial, fiber optic and other cables. #. 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, monopole, base station, 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 peal -wireless service facility within the city. #. APPLICATION: A written request submitted by an Applicant to locate or collocate, or to modify, a WCF. A complete application includes all required written documentation and other statements, in whatever form made by an applicant to the City concerning such a request. #. BASE STATION: A structure or equipment at a fixed location that enables FCC licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a "tower" as defined in this section or any equipment associated with a tower. It includes, but is not limited to: A. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. B. Radio receivers, antennas, coaxial or fiber optic cable, regular and backup Power supplies. and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small cell networksl. C. Any structure other than a tower that, at the time the relevant application is filed with the City under this chapter, supports or houses equipment described under subsections A and B of this definition that has been reviewed and approved by 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. Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 3 #. CARRIER: A company that provides wireless services. ##. CELL SITE OR SITE: A-The current boundaries of a tract or parcel of land and any access or utility easement 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 MoFe than one peFsenalw r^'^cc c^r14-ce pFev den To install, mount, maintain, modify, operate and/or replace a Wireless Communications Facility on an existing support structure, pole. tower, or any other structure capable of supporting such facility, A. Collocation includes modifying ing an existing structure for the purpose of mounting or installing an antenna facility thereon. B. Collocation does not include the installation of a new pole, tower or support structure. #. CONDITIONAL USE PERMIT OR CUP: A process and approval as described in this title and other appropriate sections of this code. Conditional uses are allowed within a zoning district provided that certain standards (or "conditions"] are met that will enhance the compatibili , of the proposed use with other surrounding uses. #. DESIGN: The appearance of personal wireless service facilities, including such features as their materials, colors, and shape. #. EIA: The electronics industry association. #. DISTRIBUTED ANTENNA SYSTEM OR DAS: A network consisting of transceiver equipment at a central hub site to support multiple antenna locations throughout the desired coverage area. #. ELIGIBLE FACILITIES MODIFICATION REQUEST: Any request for modification of an existing tower or base station that, within the meaning of section 6409(a) of the Spectrum Act (47 USC section 1455(a)), as interpreted by the FCC and regulated by 47 CFR 1.61000, does not substantially change the physical dimensions of that tower or base station, and involves: a) collocation of new transmission equipment, b) the removal of transmission equipment, or c) the replacement of transmission equipment. #. ELIGIBLE SUPPORT STRUCTURE: Any conforming tower or base station that lawfully exists at the time the application is filed with the City, #. 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. #. EXISTING STRUCTURE: Previously erected support structure or any other structure, including but not limited to, base stations, buildings, transmission towers, utility poles, light poles, traffic signal poles, or similar structures to which wireless facilities can be attached. ##. FAA: The federal aviation administration or successor agency. ##. FCC: The federal communications commission or successor agency. #. GOVERNING AUTHORITY: The mayor and city council of the city of Chubbuck. structures,MOBILE TRANSMISSION FACILITY: Movable, nenstationaFy tFansmis-sion f-aeflities that eent peFsenal NviFeless service facilities including any antenna, support str-uetuFe, accessei=y and may include otheF uses associated with and ancillary to per-sonalmdr--el-e-s-s' Sea. i eS. Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 4 #. MONOPOLE: A single, freestanding pole -We structure supporting one or more antennas and includes but is not limited to a utility pole or light pole. #. 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. #. REPLACEMENT: Constructing a new support structure of proportions and of equal height or such other height that would not constitute a substantial change to a pre-existing support structure in order to support a facility or to accommodate collocation and removing the pre- existing support structure. #. 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. #. SMALL WIRELESS FACILITIES: Wireless or cell communication facilities that meet each of the following criteria: A. Facilities: 1. Mounted on structures fifty feet (50') or less in height, including their antennas: 2. Mounted on structures no more than ten percent (10%) taller than adjacent structures: or Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 5 3. Do not extend existing structures on which they are located to a height of more than 50 feet by more than 10 percent, whichever is greater: B. Each antenna associated with the request, excluding associated equipment, is no more than three (3) cubic feet in volume: C. All other wireless equipment associated with the structure, including equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty eight (28) cubic feet in volume: and D. The facilities meet all other requirements of the FCC for small wireless facilities. #. STEALTH DESIGN: Technology that minimizes the visual impact of wireless communications facilities by camouflaging, disguising, screening, and/or blending into the surrounding environment. Examples of stealth design include, but are not limited to, towers disguised as trees, flagpoles, or bell towers, and architecturally screened wall or roof mounted antennas. #. SPECTRUM ACT: Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act, 47 USC section 1455(x) (providing, in part. "... a state or local government may not deny, and shall approve, any eligible facilities request for a modification of any existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station."). #. SUBSTANTIAL CHANGES: In the context of an eligible support structure, a modification of an existing tower or base station where any of the following criteria is met: A. Type 1: For any eligible support structure: 1. It involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets: or 2. It entails any excavation or deployment outside of the current site of the tower or base station: or 3. The proposed modification would cause the concealment/camouflage elements of the tower or base station to be defeated: or 4. The proposed modification would not comply with the conditions associated with the prior siting approval of construction or modification of the tower or base station, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new exaction that does not exceed the corresponding thresholds in this section. S. Small cells mounted on structures fifty feet (50') or less in height or on structures no more than ten percent (10%) taller than adjacent structures with an antenna no more than three (31 cubic feet and a total wireless equipment no more than twenty eight (28) cubic feet. B. Type 2: For all base stations and for an existing tower located in the public right -of -waw 'note - we have no antenna on city light poles - this is suggested language in case the issue arises' 1. The height of the tower or base station is increased by more than ten percent (10%) or ten feet (10'), whichever is greater: 2. There is added an appurtenance to the body of that structure that would protrude from the edge of that structure by more than six feet (6'): or 3. It involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure: or 4. It involves the installation of any new equipment cabinets on the ground if there is no preexisting ground cabinet associated with that structure. Draft Chubbuck City Code 18.13 - 3/11/21 LUDC Discussion Page 6 C. Type 3: For any new tower (not in the public right-of-way): 1. The height of the tower is increased by: a) more than ten percent (10%), orb) by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'), whichever is greater: or 2. There is added an aRpurtenance to the body of the tower that would protrude from the edge of the tower by: a) more than twenty feet (20'), or b) more than the width of the tower at the level of the appurtenance, whichever is greater: or 3. Towers cannot be located in public rights- of -way. SUPPORT STRUCTURE: A structure designed to support small wireless facilities including, but not limited to, monopoles, vertical facilities, utility poles, City owned traffic poles, billboards, and other freestanding self-supporting structures. #. 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) #. WIRELESS COMMUNICATIONS FACILITY (WCF): Any facility that transmits and/or receives electromagnetic signals, including small cells, antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, and including, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, parking area, and other accessory development. However. communications facilities shall not include any satellite earth station antenna 61/z feet in diameter or less which is located in an area zoned Industrial, C-2 or C-1: or any satellite earth station antenna 3 1/2 feet or less in diameter, regardless of zoning cateaorv. 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. Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 7 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 earth stations, dishes and/or antennas used for private television reception not exceeding 3 1/z feet dist, 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 persona w r^'^cc c^r14-ce f^e4"WCF 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. A government owned WCF installed upon the declaration of a state of emergency by federal, state or local government, or by resolution of public necessity by the city council. Such facility shall comply with all federal and state requirements. The WCF shall be exempt from the provisions of this chapter for up to one week after the duration of the state of emergency I. A temporary, commercial WCF installed for providing coverage of a special event such as news coverage of a sporting event. The WCF shall be exempt from the provisions of this chapter for up to one week before and after the duration of the special event —LSubject 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. . (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. 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: Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 8 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. S. 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. 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 Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 9 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; S. 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. Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 10 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; S. 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; Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 11 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; 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: MODIFICATION AND COLLOCATION OF ANTENNAS, DAS, AND SMALL CELLS: A. To minimize adVeFse visual impacts associated with the pr-alifeFatian of towers, eallecation 0 peFsonalwiFeless seFvice facilities en existing or- new tow- .....—Fagedasfollows: 1. PFoposed facilities shall collocate onto existing toweFs wheFeveF Feasonably feasible. required, except that any other- permit, license, lease, oir franchise irequirements must be , and the collocation must be accomplished in a manner- consistent with the p0463F, site eFiteFiaj nes if the applieant locates the antenna on an Eisting structure oF an existing towen The applicant fl-n-u-st sub -M -it detailed plans to the building official to deteFmine if the conditional use -peFmit pFeeess and public heaFing iS r ed by substantial evidence that it has made a diligent e&Ft to mount the facilities on an existing A. To the extent possible not otherwise covered by subsection 15.42.040A of this chapter, "eligible facilities requests". collocation. new WCF antenna arrays. DAS and small cells are permitted in all zoning districts via administrative approval provided that the antenna array or roof mounted antenna does not constitute a "substantial change" to an existing tower or base station. B. A type 1 application with applicable fees shall be submitted. C. If any support structure must be constructed to achieve the needed elevation or if the attachment adds more than ten feet (10') above the existing structure or roofline, the proposal is subject to a We 2 review and application. The limitation to constitute a "substantial change" to an existing tower or base station applies to cumulative increases and any previouslyapproved additions to height made under this section must be included in said measurement. D. Any equipment shelter, cabinet or ancillary equipment are subject to building setbacks as required in the underlying zoning district. Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 12 E. Applicable building. mechanical. and electrical Dermits are reauired as determined by the building official. F. Distributed antenna systems and small cells: 1. Permitted: Distributed antenna systems (DAS) and small cells are permitted in all zoning districts. 2. Review: DAS and small cells are subject to approval via administrative review only, unless installation requires the construction of a new utility support structure or building. Type 2 review is required when the applicant proposes new utility support structure or building. 3. Multiple Site DAS And Small Cells: a. A single application may be submitted and permit may be used for multiple distributed antennas that are part of a larger overall DAS network. b. A single application may be submitted and permit may be used for multiple small cells spaced to provide wireless coverage in a contiguous area. pvoposed support structures shall be designed to accommodate antennas for- more than one user-, unless the applicant demonstr-ates why such design is not feasible for- ecanomie, technical or. - rhe al r p-Fovider-s'equipment near- the base of the applicant's tower, A first right of Fefusal (which is ei P -M -P -P -HAP -d- OF maintained while the , requirement-, and b) the site plan for- towers in e)Eeess of one (A - 0 " Qve gFound level must propose space for- two (2) eempar-able providers, while the site plan -fA-,-: telveav-S one hundred feet (100') or- less must propose space for- one comparable provider-. To pr-ovide fur - incentive foir collocation, an existing tower- may be modified as a matteF of Fight to accommodate shall be of the same type as that an the existing toweF unless additional height F PA14diflAPAI use permit W -4-d- Ube f-A-1-1-ewing conditions aFe in - a. Height: An existing tower-, other- than a tower- constituting a nonconforming use puFsuan to seetion 18.13.040 of this chapter- nqay be modified OF FebUilt to a taller- height, not to exe twenty feet (20') over- the tower's existing height and not to exceed th heigh of example, and not limitation any applicable AS Aff p-A-B-d-itien-Al 1 -1 -se -and- building permits. The height change may occur- only once per- tower, 18.13.XXX COLLOCATION AND SHARING OF TOWERS, LOCATIONS. AND STANDARDS: A. Tower Sharing And Collocation: New WCF facilities shall, to the maximum extent feasible, collocate on existing towers or other structures of a similar height to avoid construction of new towers, unless precluded by zoning constraints such as height, structural limitations, inability to obtain authorization by the owner of an alternate location, or where an alternate location will not meet the service coverage objectives of the applicant. B. New Towers: Applications for a new tower must address all existing towers or structures of a similar height within one-half (1/2) mile of the proposed site as follows: 1. By providing evidence that a request was made to collocate on the existing tower or other structure, with no success: or Draft Chubbuck City Code 18.13 - 3/11/21 LUDC Discussion Page 13 2. By showing that locating on the existing tower or other structure is infeasible with a detailed written explanation detailing why a new tower is required. C. Tower Setback, Base Station And/Or Accessory Facilities: Setbacks are required based on the zoning district as measured from property lines to the base of the tower. Setback requirements may be modified so that a tower can be placed so as to reduce its visual impact, e.g., adjacent to trees which may partially hide the tower. D. Separation: Towers shall be separated from all residentially zoned lands by a minimum of one hundred fifty feet (150') unless located on City owned property. E. Lighting: Facility lighting shall be designed so as to meet, but not exceed, minimum requirements for security, safety or FAA regulations. Lighting of antennas or support structures shall be prohibited unless required by the FAA. All lighting shall be designed so as to avoid glare and minimize illumination on adjacent properties and shall comply with all City regulations. F. Easements And Lease Agreements: The boundaries of easements and lease areas for cell towers need to be monumented and a record of survey filed with the County. G. Substantial Change: A modification substantially changes the physical dimensions of a tower or base station if it meets any of the following: 1. For towers outside of public rights-of-way ("ROW"), it increases the height of the tower by more than ten percent (10%) or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'), whichever is greater; 2. For existing towers in the ROW and all base stations, it increases the height of the tower or base station by more than ten percent (10%) or ten feet (10'), whichever is greater: 3. For towers outside the ROW, it protrudes from the edge of the tower more than twenty feet (20'), or more than the width of the tower structure at the level of the appurtenance, whichever is greater; 4. For existing towers in the ROW and all base stations, it protrudes from the edge of the structure more than six feet (6') 5. It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; 6. It entails any excavation or deployment outside of the current site of the tower or base station: 7. It would defeat the existing concealment/camouflage elements of the tower or base station; or 8. It does not comply with conditions associated with the locality's prior zoning approval of construction or modification of the tower or base station, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding "substantial change" thresholds. 1}H. 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. l�I. 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. Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 14 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. 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. S. 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. Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 15 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 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. Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 16 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. 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. Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 17 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. 1. 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: A WCF permit shall be required for all new installations and medications of WCF facilities, antenna, and various equipment unless exempted in this Chapter. A. A WCF permit shall be required for an "eligible facilities request" that does not "substantially change the physical dimensions of the existing wireless tower or base station" as defined in the Spectrum Act and CFR 1.61000. They are considered Type 1 requests, which must be acted upon by the city within 60 days after a complete application is submitted, or are deemed granted per Federal Law. The 60 day time limit for action may be extended if agreed upon by both parties. Type 1 requests include the following. 1. Collocation of new transmission equipment: 2. The removal of transmission equipment: 3. The replacement or modification of transmission equipment: 4. Distributed antenna system and small cells. B. A WCF permit shall be required for requests that "substantially change the physical dimensions" of an eligible support structure as defined in the Spectrum Act and CFR 1.61000. They are considered Type 2 requests, which must be acted upon within 90 days after a complete application is submitted. Unlike Type 1 requests, they are not deemed approved after 90 days. Type 2 requests include the following_ 1. Any modification of an eligible support structure, including the collocation of new equipment, that substantially changes the physical dimensions of the eligible support structure on which it is mounted: or 2. Any collocation not eligible for a type 1 permit: or 3. Any roof mounted antenna and support system for an antenna not exceeding ten feet (IQ above the highest portion of the roof: or 4. A new tower located in the public right-of-way_ C. A new WCF tower that is not a collocation considered a We 1 or 2 WCF permit as outlined in this Title shall be considered a Type 3 request. Type 3 requests include roof mounted antenna Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 18 exceeding 10 feet above the highest portion of a roof. Type 3 requests must be acted upon within 150 days after a complete application is submitted. Unlike Type 1 requests, they are not deemed approved after 150 days. D. 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. 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 Towers >60 feet or towers or antenna in residential zones, park or mixed residential and commercial zones but not industrial Structure mounted wireless facilities Building mounted wireless facilities Modification of existing facilities to accommodate collocation and other substantial changes Towers >60 feet in industrial zones Building CUP Rights Of Way Permit Use Yes Yes Yes (if applicable) (if applicable) Yes Yes (if applicable) (if applicable) Yes Yes (if applicable) (if applicable) Yes Yes Yes (if applicable) (if applicable) (if applicable) Yes No Yes (if applicable) (if applicable) To meet the standards of this chapter, a peFsonal wireless service faciht MCF 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'). Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 19 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.XXX: WCF FACILITIES AND USES BY LAND USE DISTRICT P = Permitted R = Restricted C = Conditionally Permitted X = Not Permitted Zoning Agriculture Residential Limited General Industrial WCF Commercial Commercial Eligible Facilities P — P — P — P — P — Substantial Changes C — C — C — P — P — DAS / Small Cells P — P — P — P — P — Roof Mounted P1 P1 P P P <10' — — — — — Roof Mounted XX — C — P — P — >10'— Util. Support P2 P2 p2 p2 P Structure — — New Tower X X X X X in R — — — — — New Tower C3 C3 C3 C P (not in ROW) I — — — — Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 20 1 Stealth design is required. 2. Height not to exceed 60' from grade to top of structure: review and approval from utility owner. 3. Stealth design is required: city property only with hearing before the City Council. 18.13.XXX: PERMIT REVIEW TIME REQUIREMENTS: A. City Review Of Application Materials: The time frame for review of an application shall begin to run when the application is submitted, but shall be tolled if the City finds the application incomplete and requests, in writing, that the applicant submit additional information to complete the application. Such requests shall be made within thirty (30) days of submission of the application. After submission of additional information, the City will notify the applicant within ten (10) days of this submission if the additional information failed to complete the application. If the City deems an application or supplemental submission incomplete, it shall identify in its written notice to the applicant the information and/or materials it considers missing from the application. B. Type 1 Processing Time: For We 1 modifications or collocations, the City will act on the WCF application together with any other City permits required for a proposed WCF modification within sixty (60) days, adjusted for any tolling due to requests for additional information or mutually agreed upon written extensions of time. 1. If the City determines that the application does not qualify as a We 1 eligible facilities request. the City will notify the applicant of such determination in writing and will process the application as a type 2 WCF application. 2. To the extent Federal law provides a "deemed granted" remedy for type 1 WCF application(s) not timely acted upon by the City, no such application shall be deemed granted until the applicant provides notice to the City, in writing, that the application has been deemed granted after the time period in this subsection B has expired. 3. Any deemed type 1 WCF application shall be subject to following conditions: a. The approval of a type 1 WCF permit shall be subject to the conditions of approval of the underlying permit, except as may be preempted by the Spectrum Act. b. The proposed project shall be built in compliance with the approved plans on file with the City of Pocatello. C. Type 2 Processing Time: For type 2 WCF permits. the City will act on the application within ninety (90) days, adjusted for any tolling due to requests for additional information or mutually_ agreed upon written extensions of time. D. Type 3 Processing Time: For type 3 WCF permits, the City will act on the application within one hundred fifty (150) days, adjusted for any tolling due to requests for additional information or mutually agreed upon written extensions of time. E. Denial Of Application: In the event that the City denies a WCF application, the City will notify the applicant of the denial in writing outlining the reasons for the denial in a Findings of Fact and Conclusions of Law. 18.13.130: !NSPECTIO T MAINTENANCE REQUIREMENTS: Each year- after! a facility becomes operational, the facility operator- shall conduct a safet inspection in- C--C--A- I -pal -a -p ee with th e E.1 -A. -an d d -a -VAS -an d lvithi-n SiXty (60) days of the 4 . "' a report with the eivy. Submission of a copy of FCC required, and duly filed, safe inspection report-, or- the facility operator's maintenance reports for- the prior- twelve (12) months Draft Chubbuck City Code 18.13 - 3/11/21 LUDC Discussion Page 21 in the event no FCC report is required for- such year-, shall satisfy the . . ts of this section. (Or -d.!759,2016) A. Each permittee shall maintain its WCF in a good and safe condition, preserving the original appearance and concealment, disguise or screening elements incorporated into the design at the time of approval and in a manner which complies with all applicable federal, state, and local requirements. Such maintenance shall include, but not be limited to, such items as painting, repair of equipment, and maintenance of landscaping. If the permittee fails to maintain the facility, the city may undertake the maintenance at the expense of the permittee or terminate the permit, and remove the WCF at owner's expense, at its sole option upon fifteen (15) days' written notice via normal first class mail. B. Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Tower owners shall install and maintain towers, communications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the national electrical safety code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property. All towers, communications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person. All maintenance or construction of towers, communications facilities, or antenna support structures shall be performed by city and state licensed maintenance and construction personnel. All tower owners shall maintain the towers in compliance with current RF emission standards of the FCC. If, upon inspection, the city concludes that the tower fails to comply with such codes or standards and constitutes a danger to person 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. Failure to bring such tower into compliance within said thirty (30) days constitutes grounds for the removal of the tower at the owner's expense upon fifteen (15) days' written notice via normal first class mail. In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued and the tower removed from the premises. 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 Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 22 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 (3 0) 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: ABATEMENT, NONUSE;AND ABANDONMENT: abandon or- discontinue operation of a facil", the provider- must notify the -.,j Ubbuck by eeFtified U.S. mail or- personal delivery to the city eler-k of the proposed date of abandonment Of shall be considered abandoned upon the cit-y's discovery of discontinuation o opeFatien. A. Construction or activation of a WCF shall commence within ninety (90) days of approval of the WCF permit or the permit shall be null and void. A ninety (90) day written extension approval may be granted by the planning and development services department due to weather conditions or other extenuating circumstances beyond the control of the applicant as determined by the planning and development services department, after written request by the permittee. B. At such time that a licensed carrier plans to abandon or discontinue operation of a WCF, the carrier shall notify the city by first class U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the WCF shall be considered abandoned, effective the day of discontinuance. 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: �C. Reactivation: Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or l�D. 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. facility.Q Dismantle And Remo x -a I F -a e i Ifity! if the toweF, antenna, foundation, and facility aFe He removed within the sixty (60) clay time PeFiod or- additional per-iod of thme -allwved by the city,14e city may remove such tower-, antenna, foundation, and related facility at the pr-ovider-'s expen t__hP_V_P_ _A_VP_ t -:;No (2) E)F mE)Fe PFE)Videip-s c --A- 1-1- A- e-ating on a facility, except as pr-OVided f0F in the subsection above, this provision shall not become effective until all providers cease using the Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 23 E. If a carrier fails to remove a WCF in accordance with this section, the city may cause the facility to be removed and all expenses of removal, disposal, and restoration shall be paid by the owner of the land where the facility is located. F. 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) 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.XXX: ANTENNA SUPPORT STRUCTURE SAFETY: The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas shall 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. 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) Draft Chubbuck City Code 18.13 - 3/11/21 LDDC Discussion Page 24 WIRELESS COMMUNICATIONS I 11March, =021 FEDERAL UPDATES Spectrum Act (47 U.S. Code § 1455; 2012) eA 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" its physical dimensions. I elf not approved within 60 days it is deemed approved. FCC Rulemaking (47 CFR § 1.6001 -- 1.6100; 2014, 2018, 2020) ®Defined eligible facilities substantial changes, other terms g 9 Limits fees (recommended) for small 5G antenna placement •Set up "shot clocks" to act upon different applications WHAT'S OUT THERE a - M I lC ._ Streetlight changed oufi for monopole in Boise 5G on light pole Extrem steal. desic (RANGES NEEDED (PER FCC REGS) Various definitions, esp. for: •5G small facilities and other eligible facilities • 14 new definitions, others modified to keep in step with FCC Establish requirements/process for eligible modifications eSet Shot Clocks °60 days for collocation of a small 5G antenna •90 days for collocation of other facility on existing structure, or 5G on a new structure • 150 days for new facilities/structures NOTES ON PROPOSED (RANGES •Page 6 — 18.13.030 Definitions, Substantial Changes, B. Type 2: For all base stations and for an existing tower located in the public right-of-way: Includes existing towers (towers can include utility poles) in the ROW. This situation would apply if an application is received to add an antenna on a utility or other pole in the ROW. Franchise agreement should also be in place. •Towers means essentially any freestanding structure in our code Page 12 — 18.13.100 Modification and Collocation: Revised to meet new rules •Page 18-21 — 18.13-120 Permits Required: Revised to meet new rules Page 21 — 1 8.13.XXX Permit Review Times: New to meet new rules ®Page 21-22 — 18.13.130: Inspections: Revised to better address safety CURRENT CITY CODE Several strong sections to leave unchanged: • 18.1 3.060 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 • 18.13.1 10 Design Criteria •18.13.140 Landscaping Screening • 18.13.160 Third Party Review FEEDBACK?