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HomeMy WebLinkAbout05 11 2021CHUBBUCK 1 0 R H 0 City of Chubbuck Land Use and Development Commission Regular Meeting May 11, 2021 6:00 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/FACE COVERINGS ARE RECOMMENDED. Web -conference (no webcam is necessary to participate): https://us02web.zoom.us/j/89617113973?pwd=WkYxWk 1 aSnN1OX1vZENrcnl3dTFBOT09 Telephone: Dial by your location +1669 900 6833 US +1253 .215 8782 US Meeting ID: 896 1711 3973 Passeode: 322121 General information on joining a Zoom meeting can be found at https://support.zoom.us/hc en- us/articles/201362193-loininR-a-Meetine. AGENDA CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST II. APPROVAL OF MINUTES for April 13, 2021 (Action Item) Ill. PUBLIC HEARING An application for annexation of approximately .22 acres of land into the City of Chubbuck and to include the property in the Limited Residential (R-2) Zone. The Comprehensive Plan Future Land Use map designates this area as Mixed Use and as Medium Density Residential. Property is in the Southwest % of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Idaho. The affected parcels, R3853005607 and RCCPC045100, are generally located at on the east side of Philbin Road between Siphon Road and Chubbuck Road. Type of Action: Recommendation. (Action Item) 2. An application for a Change in Land Use District from Limited Residential (R-2) to Limited Commercial (C-1) on approximately 1.09 acres of land. Subject property is in the NW % of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 345 W. Siphon Road, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. Type of Action: Recommendation. (Action Item) 3. A proposal by city staff to amend Chapter 18.13 Wireless Telecommunications Facilities to bring the chapter into compliance with recent Federal legislation and rulemaking regarding 5G implementation, setting forth a new title, purpose and policy statements, definitions, and exemptions; regulations on modification and collocation of antennas, distributed antenna systems, and small cells; regulations on collocation and sharing of towers, locations, and standards; clarifications of permits and reviews required in different zoning districts; new permit review time requirements; modified inspection and maintenance requirements; and revised requirements regarding facility abatement, nonuse, or abandonment. Type of Action: Recommendation. (Action Item) IV. GENERAL BUSINESS Election of Officers -The Commission will appoint a Chair and Vice -Chair for the next calendar year. (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. CHUBBUCK I D R H 0 City of Chubbuck Land Use and Development Commission Regular Meeting April 13, 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, Brady Smith, Thais Ayre, and Carrie Holm. Staff Members Present: City Attorney Tom Holmes, Planning Manager Don Matson, Development Services Manager Sean Harris, Planning and Development Director Devin Hillam and Deputy Clerk Paul Andrus. Mendenhall called the meeting to order at 7:00pm Mendenhall asked if any commissioners had a conflict of interest with the items before the board. Thais recused herself from public hearing #2. APPROVAL OF THE MINUTES: March 11, 2021. Mendenhall entertained a motion to approve the minutes as emailed. Stoddard moved to accept the meeting minutes of March 11, 2021 as emailed; Schwartz seconded. The full authority approved. PUBLIC BEARING 1. A proposal by city staff to replace existing Chapter 18.28 Administration of the Land Use Ordinance with a rewritten chapter 18.28 Administration, setting forth a new scope, procedures, requirements, and review and approval criteria for conditional use permits, variances, comprehensive plan amendments, title text and map amendments, annexations, appeals of administrative and land use and development commission decisions, and for requests for reconsideration of City Council decisions. Type of Action: Recommendation. Planning and Development Director Devin Hillam presented some inconsistences in City Code and these proposed solutions would align City Code more closely with Idaho Code's Local Land Use Planning Act (LLUPA). These inconsistences include variances, public hearings, conditional use permits, and rezones. Idaho Code for variances requires notification to adjacent property owners, whereas City Code requires notification to all property owners within 300ft. Idaho code also only requires one public hearing for most land use applications. Idaho Code also requires a process to request a reconsideration before a decision goes to district court. City Code currently does not have a set process for an applicant to request a decision reconsideration. City Code also does not address items to consider when approving a rezone, text amendment, annexation, and a comprehensive plan. City Staff recommended adding as a consideration factor for an annexation application; that the income generated by property taxes would exceed long term cost to the City, associated with maintenance, provision of services, and facilities, and that the advantages for both the City and applicant outweigh the disadvantages. Mendenhall asked about adding a time table after a conditional use permit is approved. Hillam stated that most conditional permits already have a set time period for projects to be completed. Berls asked about expanding minimizing adverse impact on other developments in section 18.28.020. Hillam stated that wording came straight from Idaho Code for existing and planned developments throughout the community. Berls also asked conditional use permit restrictions and if the Land Use Board would still have the ability to make aesthetic recommendation on an application as a condition of approval. Hillam stated that the Board would still have that ability to make aesthetic conditions but at the same time this section would keep the Board from completely redesigning the final project for the applicant. Mendenhall opened the Public Hearing. There being no comment, Mendenhall closed the public hearing, bringing the meeting back to the Commission. Berls moved to recommend an approval of the amendments to section 18.28 Administration of the Land Use as presented. Schwartz seconded. With all commission members understanding the motion they voted. Roll Call Vote: Brady Smith, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Mike Schwartz, Yes; Carrie Holm, Yes; Thais Ayre, Yes; Jason Mendenhall, Yes; Motion carried. 2. An application for a Conditional Use Permit to build 4-plex apartments on approximately 2.05 acres of land under application for approval in the General Commercial (C-2) zone (currently in the Limited Residential (R-2) zone). 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: Decision. Chris Street, HLE Construction, represented the applicant. Mr. Street presented an application for a conditional use permit to build 4-plex apartments on approximately 2.05 acres of land that is currently zoned as General Commercial (C-2). Mr. Street also stated that the applicant had been working directly with the neighbors to address any concerns with irrigation and fencing. Berls asked about including a child friendly playground with this development, due to the distance from community parks. Mr. Street didn't have any concerns with including some sort of playground amenity for the residents. Berls also asked if these 4-plexes would be maintained under common ownership or sold as individual units, and if an HOA would be put in place to maintain common areas and the property surrounding the buildings. Applicant Kent Morris stated that the current plan is to have these under one common ownership, but there is a possibility that those plans could change in the future. Mr. Morris also stated that an HOA would be put in place to maintain common areas and the property surrounding the buildings. Stoddard asked if this property would be plated by building or by unit. Morris stated that each building will be plated as an individual unit. Smith asked the applicant if there was any concerns with the recommended conditions from City Staff. Mr. Street stated that the applicant didn't have any concerns with the recommendations from City Staff. Planning Manager Don Matson stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and recommended approval. Mendenhall opened the Public Hearing for public comment. John Aller at 222 West Linden, was neutral. Mr. Aller was concerned about the condition and the width of the current street. Mr. Aller also felt like the City needed to remove the trees across from this development that is currently in the street right of way. There being no more comment, Mendenhall closed the public hearing, bringing the meeting back to the Commission. Mendenhall asked City Staff about the condition of the current road. Mr. Matson stated that the street department was aware of the road conditions and are currently in the planning process to repair the current road. Schwartz motioned to approve a conditional use permit to build 4-plexes as presented, conditional upon staff recommendations. Berls seconded. Stoddard asked if the motion needed to include specific enhancement features as recommended by city staff. Matson gave examples of options from the City's current PUD Ordinance and stated that the applicant would need to choose at least three of those options to comply with the recommendation from staff. Schwartz amended his previous motion and motioned to approve a conditional use permit to build 4-plexes as presented, conditional upon staff recommendations and an amenity to be installed in the open space and final approval of the enhancement features on the outside of the buildings by city staff. Berls seconded. With all commission members understanding the motion they voted. Roll Call Vote: Dan Stoddard, Yes; Rebecca Berls, Yes; Mike Schwartz, Yes; Carrie Hohn, Yes; Jason Mendenhall, Yes; Brady Smith, Yes; Motion carried. 3. An application for a Conditional Use Permit to build townhouses on approximately .40 acres of land in the General Commercial (C-2) zone. Subject property is in the NW % of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 151 W. Park Lawn Drive, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial. Type of Action: Decision. Jonathan Vincent represented the application. Mr. Vincent presented an application for a conditional use permit to build townhouses on approximately .40 acres of land that is currently zoned as General Commercial (C-2). Mr. Vincent stated that a water agreement had been made with The Falls Townhomes to supply the needed water for this subdivision and they had also made an agreement with Tastee Treat that will allow the sanitation department access to better service the dumpster for this subdivision. Berls asked if the tenants of this subdivision would have access to the amenities at The Falls subdivision. Vincent stated that this subdivision would have its own HOA and amenities for the tenants, and would not have access to The Falls subdivision amenities. Smith asked if a final agreement had been signed with Tastee Treat. Vincent stated that the owner of Tastee Treat had agreed to the agreement but a final contract was still being drafted and waiting for final approval from city staff. Senior Planner Don Matson stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and recommended approval. Mendenhall opened the Public Hearing. There being no comment, Mendenhall closed the public hearing, bringing the meeting back to the Commission. Stoddard motioned to approve a conditional use permit to build townhouses as presented, conditional upon staff recommendations. Smith seconded. With all commission members understanding the motion they voted. Roll Call Vote: Rebecca Berls, Yes; Mike Schwartz, Yes; Carrie Holm, Yes; Thais Ayre, Yes; Jason Mendenhall, Yes; Brady Smith, Yes; Dan Stoddard, Yes; Motion carried. 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: Recommendation. 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). Berls was concerned that exemption 18.13.050K would allow a company to use that exemption to be able to place a tower in a city park or any public space throughout the City without requesting for a conditional use permit from the Board. Hillam stated that this exemption was to allow the City Council if they desired the ability to look at providing W1Fl in public parks or spaces by publically owned or under a private -public partnership agreement to meet the needs of an increasingly mobile work force and to promote a healthy way of life. Berls recommended limiting that exemption to the geographical area of the city park or within the public space that it is intended to serve. Berls also recommended specifically defining a public right of way for this section of code. This item of business will go before the community as a public hearing at the next Board meeting in May. 2. The Commission may discuss future meeting times for consistency throughout the City to have all public hearings at the same time. Type of Action: Decision. Mendenhall presented a letter from City Clerk Joey Bowers making a recommendation for the Land Use Board to start meeting at 6pm for consistency throughout the City to have all public hearings at the same time. Smith agreed with the recommendation. Stoddard felt like the Board was having a hard time getting all the members to attend these meetings on a regular basis and hopes this change will help the members to be able to attend more regularly. Mendenhall motioned to move the meeting time for the Land Use and Development Commission to 6pm starting in May 2 02 1. Smith seconded. With all commission members understanding the motion they voted. Roll Call Vote: Carrie Holm, Yes; Thais Ayre, Yes; Jason Mendenhall, Yes; Brady Smith, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Mike Schwartz, Yes; Motion carried. 3. The Commission may discuss downtown and urban architecture styles and potential standards for future development to give general feedback about likes and dislikes. Type of Action: Discussion. Planning and Development Director Devin Hillam presented some examples and wanted to discuss what types of building would be appropriate for a downtown area, and what type of architectural types that the Board would prefer/suggest within a downtown area for the City of Chubbuck. The Board discussed some of their preferences for a downtown area regarding the types of structures, types of building materials and color palettes, type of occupancy (rentals vs ownership), density, appropriate heights, and roof pitches that they liked or disliked within a future downtown area. Mendenhall entertained a motion to adjourn; Schwartz made the motion. Smith seconded. All voted to adjourn at 9:15pm. 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 0021 0703 CHUBBUCK I o A H 0 Community Services Department Planning Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us STEWART NELSON / BILYEU ESTATES APPLICATION FOR ANNEXATION AND LAND USE DISTRICT - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON MAY 11, 2021 SUMMARY DESCRIPTION: An application for annexation of approximately .22 acres of land into the City of Chubbuck and to include the property in the Limited Residential (R-2) Zone. The Comprehensive Plan Future Land Use map designates this area as Mixed Use and as Medium Density Residential. Property is in the Southwest 1/4 of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Idaho. The affected parcels, R3853005607 and RCCPC045100, are generally located at on the east side of Philbin Road between Siphon Road and Chubbuck Road. Type of Action: Recommendation. STAFF FINDINGS: After reviewing the application, Staff finds that it likely meets the requirements for a Category A annexation into the City and for designation in the Limited Residential (R-2) Land Use District. • The Comprehensive Plan Future Land Use map designates this area for Mixed Use and Medium Density Residential development. o Mixed Use is supported by all residential districts and the Limited Commercial (C-1) zone. o The eastern leg of the affected property is partially designated Medium Density. Residential, which is supported by Limited Residential (R-2) and General Residential (R-3). • Approval of the Bilyeu Estates, divisions 7a and 7b, will be conditional on approval of the annexation and zoning designation. • The applicant has met Idaho Statute and City Code requirements to be heard for annexation and zoning district assignment. • Staff recommends approval of the request as submitted. FACTS BACKGROUND: This annexation request is for a sliver of land adjacent to a recent annexation for part of Bilyeu Estates. There was an error in the legal description and survey of the original annexation - this action would annex the remainder needed for the 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). Stewart Nelson Annexation The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. APPLICABLE LAWS AND PLANS: 1. Idaho Statutes a. §50-222: Annexation by Cities b. §67-6509: Recommendation and Adoption, Amendment, and Repeal of the Plan c. §67-6511: Zoning Ordinance d. §67-6525: Plan and Zoning Ordinance Changes Upon Annexation of Unincorporated Areas Chubbuck Comprehensive Plan Our Valley, Our Vision, as amended (see Exhibits 4b, 5a, and 5b) Chubbuck City Code Title 18: Land Use, particularly: a. Chapter 18.08: Land Use Districts and General Controls b. Chapter 18.12: Supplemental Controls APPLICANT: Stewart Nelson 2630 North Inkom Rd Inkom, ID 83245 OWNER: NR Investments, LLC 2860 N Rapid Creek Rd Inkom, ID 83245 PROFESSIONAL SERVICES: RM ES 600 East Oak St Pocatello, ID 83201 LOCATION: The subject property is in the Southwest 1/4 of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Idaho. The site is generally located at on the east side of Philbin Road between Siphon Road and Chubbuck Road —just north of Angela Street. The proposal will become part of Bilyeu Estates subdivision. The affected parcels are R3853005607 and RCCPC045100. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County Agricultural Zone PROJECT SIZE: ±.22 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat SURROUNDING LAND USES AND ZONING EXISTING STRUCTURES: None RECENT TRAFFIC COUNTS: 2018: Philbin Rd north of Chubbuck Rd, 3,958/day 2020: Philbin Rd south of Siphon Rd, 2,518/day NORTH: Homes with horse barns/corrals and other agriculture; Bannock County Agriculture zone EAST: Vacant lots and single family homes; Limited Residential (R-2) SOUTH: Vacant lots and single family homes under development; Limited Residential (R-2) WEST: Vacant (City -owned); Single Family Residential (R-1) and Bannock County Residential Suburban zone SERVICES: ACCESS STREET: Although adjacent to Philbin Rd, the property will become part of Bilyeu Estates division 7a and 7b, and will be part of parcels facing Angela Street and Tessa Circle FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck SECONDARY IRRIGATION: Eligible for Fort Hall irrigation water for pressurized service 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 Stewart Nelson Annexation PROCEDURES: 1. In accordance with City Code 18.28.020 and Resolution 2020-03, a complete petition and fees for Annexation and 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 18.28.020, the application is scheduled to be heard at the date Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In accordance with Idaho Statute §50-222 and 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 owners of property within a 300 ft. radius of the site at least 7 days prior to the hearing; 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 Statute §67-6511, notice was provided to political subdivisions providing services within the City. PUBLIC COMMENT: No written comments were received as of this report. 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 this parcel be annexed into the City of Chubbuck. See Standards for Review in Exhibit 3b. Upon completing research and evaluation of the site, circumstances, and applicable laws and plans, staff recommends approval of the request as submitted. RECOMMENDED CONDITIONS: None. 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 Annexation and Zoning are satisfied, I move to approve the Annexation and Zoning 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 Annexation and Zoning are satisfied, I move to approve the Annexation and Zoning request as described in the application materials. 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 Stewart Nelson Annexation 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 Annexation and Zoning are not satisfied, I move to deny the Annexation and Zoning 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 Staff comments in this report are based solely dmatson@cityofchubbuck.us upon evidence available at the time of the (208) 239-3252 report. Additional information may be brought to light at or before the hearing. DATE: April 29, 2021 FXH I RITC 1. Reference Map 2. Application for Annexation and Zoning Designation a. Submittal including Legal Description b. Copy of Deed on file w/staff 3. Annexation a. Map of Surrounding Annexations b. Standards for Annexation 4. Zoning and Land Use a. Current Zoning Map b. Standards for Reviewing a Change in Land Use District 5. Comprehensive Plan a. Future Land Use Map b. Additional Policies Relevant to the Application 6. Evidence of Notice a. 300' Notification Area b. Mailing List c. Site Postings d. Copies of notices on file w/staff A�4 707�c\ CHUBBUCKH 0 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Stewart Nelson Annexation Exhibit 1: Reference Map Stewart Nelson Annexati Exhibit 2a: Application City of Chubbuck Land Use Application CHUBBUCK ❑ CONDITIONAL USE PERMIT ❑ CHANGE OF LAND USE DISTRICT I R H ❑ VARIANCE ® ANNEXATION & ZONING ❑ COMPREHENSIVE PLAN CHANGE ❑ I City Official: Date: ❑ / ❑ / ❑ For the Land Use Meeting of : ❑ / ❑ / ❑ Application Deadline: ❑ / ❑ / ❑ 2.00 PM 1• Name of Applicant: Stewart Nelson Phone:1208) 681-4444 Mailing Address: 2630 North Inkom Road Inkom, ID 83245 Email address: innoutsn@gmaii.com _ 2. Filing fee of $ 700 plus $ 6 for: Total: $ 766 ❑ ($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: On Philbin Road Between Siphon Road and Chubbuck Road. 4. Existing Land Use District: 5. Describe Proposal: Annexation Request for future 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 uub' tprropertyy as set forth herein. /mac c r✓�*/` /C []],Mo 10 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 I/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 1-8112" x 1 V reduction of 18" x 24" drawing Scale: Site plan 1:20 minimum Floor plan 1/4" = V- 0" minimum Revised: 5-9-2019, PBA 5 WEST 1/4 CORNER OF SECTION 4, 4 FOUND 5/8" REBAR AS DESCRIBED IN CP&F INST. NO. 20520355 p LU 0 C)f Z I o O x C:)I�X � rx x x x x x— N x 528.71' WARNER H. THOMPSON INST. NO. 20518982-3 11290 N PHILBIN RD CITY OF CHUBBUCKX DEED. NO.21715801 . N 89035'22" E 513.64' POINT OF BEGINNING CITY OF CHUBBUCK ANNEXATION ORDINANCE NO. 634 INST. NO. 20705283 59.99' 1 x— x— r x Clio Lq Alco CO z SUNSET WEST - DIVISION 6 I o INST. NO. 20712735 z 5 4L W I a 8 9 — — SOUTHWEST 1/4 CORNER OF SECTION 4, FOUND CITY OF CHUBBUCK BCM IN VAULT AS DESCRIBED IN CP&F INST. NO. 20514184 T ZONED: COUNTY AGRICULTURE T T CARLYLE B. HANSON JR. DEED. NO. 21905297 TOTAL K ANNEXATIONAREA 0,21 ACRES *�X--KS 89°56'10" W 528.70' LINE TABLE # BEARING DISTANCE L1 N 00015'57" W 9.82' L2 S 89045'12 " E 15.47' L x o IM LO w / I Y i� cy) N \ / BARN i I co , I \ \ ,r it7; r w ,cel /G%L1 Z 1� (FUTURE DEVELOPMENT) x \I o 1I Lo o —� II I N �--�--- xl l / 25.00' ANGELA DRIVE IN -N -OUT CONSTRUCTION LLC / \ r 1 z > LOT4 LOTS x CITY OF CHUBBUCK I ANNEXATION x OORDINANCE NO. 760 I Z01-6-INST. NO. 21704051 X INTEGRITY ESTATES - NO. 3 INST. NO. 21900274 LOTS LOT9 DEED. NO. 21712017 CITY OF CHUBBUCK T \ / Z07 -If — — — ANNEXATION / T ORDINANCE NO. 767 / I i INST. N . 21706489 \ (FUTURE DEVELOPMENT) I // — — — — L07-6 BILYEU ESTATES - DIVISION 5 zzINST. NO. 21917770 za-5 _ CHUBBUCK ROAD S 89050'41 " E 2645.99' 4 9 SOUTH 1/4 CORNER OF SECTION 4. FOUND ALUMINUM CAP MONUMENT. SEE CP&F INST. NO. 21207296 PROJECT LOCATION f(C1N17-r MAP NEW ANNEXATION CURRENT CITY OF CHUBBUCK BOUNDARIES ANNEXATION BOUNDARY LINE GRAPHIC SCALE 100 0 50 100 ( IN FEET) 1 inch= 100' MAWAWMIS Engineers a Surveyors a Planners 30158th St, W. #138 s Williston, NO 58801 S (7011572 -Of t0 600 E. Oak St, * Pocatello, /D 83201 S (2081234-0110 Stewart Nelson Annexation Exhibit 2a: Application ���```�. Engineers * Surveyors * Planners 30158117 St- W. #138 • Williston, ND 5880f * (7011572 -Of YO 600 E. Oak St. • Pocatello, 10 83201 • (2081234.0110 www.rmes.biz LEGAL DESCRIPTION ANNEXATION FOR BILYEU ESTATES — DIVISION 7 A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SECTION 4, BEING MONUMENTED BY A 5/8 REBAR AS DESCRIBED IN CORNER PERPETUATION RECORDED AS INSTRUMENT NO. 20520355 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE SOUTH 015'57" EAST, ALONG THE WEST LINE OF SECTION 4, A DISTANCE OF 1071.64 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89' 35'22" EAST, A DISTANCE OF 513.64 FEET; THENCE NORTH 0°21'27" WEST, A DISTANCE OF 257.82 FEET TO A POINT ON THE SOUTH BOUNDARY LINE OF A PARCEL OF LAND BELONGING TO CARLYLE B. HANSON JR. AS DESCRIBED IN DEED NO. 21905297; THENCE SOUTH 89°45'12" EAST, ALONG SAID SOUTH BOUNDARY LINE, A DISTANCE OF 15.47 FEET; THENCE SOUTH 0°15'59" EAST, A DISTANCE OF 270.30 FEET; THENCE SOUTH 89°56'10" WEST, A DISTANCE OF 528.70 FEET; THENCE NORTH 015'57" WEST, A DISTANCE OF 9.82 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.22 ACRES, MORE OR LESS. Focused on Solutions Civil ♦ Environmental ♦ Transportation 1 Planning ♦ Land Development ♦ Municipal ♦ Surveying Stewart Nelson Annexation Exhibit 3a: Map of Surrounding Annexations Stewart Nelson Annexation Exhibit 3b: Standards for Annexation Compliant Standards and Staff Comments Yes No N/A State/City Code City standard and staff comments X State Statute 50-222 (1) Ensures orderly development Staff Comments Annexation of the land is reasonably necessary to ensure orderly development. X State Statute 50-222 (2) Contiguous and adjacent to City limits Staff Comments Property is contiguous to current City limits and is not connected by a shoestring of land or right-of-way. X State Statute 50-222 (2) Adjacent highways annexation requirement Staff Comments All portions of roads and highways wholly or partially within the area are included with the annexation. X State Statute 50-222 (3) Annexation category and owner consent Staff Comments This is a category annexation, owner has applied for the annexation. X State Statute 67-65 & City Code 18.28.020 Annexation and Local Land Use Planning procedures Staff Comments The applicant has followed requirements of the Idaho Statute and City Code. X State Statute 67-65 In area of City Impact Staff Comments The parcel is within the Area of City Impact as negotiated by the City of Chubbuck and Bannock County. X State Statute 67-65 Consistent with the Comprehensive Plan Staff Comments This is on the Future Land Use map as Mixed Use and Medium Density Residential, and appears consistent with the plan. X State Statute 67-6509 & City Code 18.28.020 Notice to Bannock County, Pocatello/Chubbuck School District and other entities Staff Comments Notifications mailed with adjacent property owners list. X State Statute 67-6511 Annexation and zoning ordinance Staff Comments An ordinance will be drafted upon approval. 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 Stewart Nelson Annexation Exhibit 4a: Current Zoning Map Stewart Nelson Annexation Exhibit 4b: 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 inland 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 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 Stewart Nelson Annexation Exhibit 4b I See additional Comprehensive Plan Goals, Objectives, and Policies in Exhibit 5b. 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 Plan Designation Medium Density Residential (MDR): R-2 Limited Residential, R-3 - General Residential Plan Designation Mixed Use (MU): R-1 Single Family Residential, R-2 Limited Residential, R-3 - General Residential, R-4 Dense Residential, C-1 Limited Commercial COMMENT Most of the area is designated Mixed Use, small portion a Medium Density Residential; R-2 zoning supports both land use categories. 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 adjacent to developing land, it cannot 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 site is eligible for the current connection fee reductions. 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 adjacent to developing land, it cannot 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 most of the area as Mixed Use, a category supported by R-2 zoning. It will also become part of the developing Bilyeu Estates 7a and 7b divisions and compatible therewith. See additional Comprehensive Plan Goals, Objectives, and Policies in Exhibit 5b. 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 Stewart Nelson Annexation Exhibit 5a: Comprehensive Plan Future Land Use Map Stewart Nelson Annexation Exhibit 5b: 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 The annexation area will not have access to Philbin Road or any other streets; it will be divided and become part of the parcels in Bilyeu 7o and 7b. 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. POLICY e. Ensure that new development in wildfire prone areas implements precautionary measures COMMENT The site is not in a wildfire prone area. 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 retained on individual parcels. POLICY d. Limit development on steep slopes COMMENT The site is relatively flat. 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 c. Provide municipal water and sewer services only after the owners of the land to be served have signed appropriate documents for future annexation or land has been annexed to the City COMMENT The proposal would annex the site before installing utilities, etc. POLICY d. Public water and sanitary sewer services shall be required for all new urban development within the urban service boundary COMMENT The site will be developed with water and sewer services in the Bilyeu Estates subdivision. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 1940�t_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 B A 0 Stewart Nelson Annexation Exhibit 5b POLICY e. City annexation shall be required before public water or sanitary sewer service is provided to new development. COMMENT Annexation will be complete before the plat can be recorded and building permits can be issued. 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 will be installing water and sewer to serve the lots. GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC BUILDINGS AND UTILITY SYSTEMS OBJECTIVE 7.7.1 Manage the cost of providing public services to the community POLICY b. Require and impose current municipal standards on areas where utilities are extended COMMENT Municipal standards are in force. CHAPTER 10: HOUSING 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 COMMENT The site will part of a single family development. CHAPTER 14: AREA OF CITY IMPACT AND GROWTH MANAGEMENT GOAL 14.1 COOPERATIVELY MANGE REGIONAL GROWTH TO IMPLEMENT THE COMMUNITY VISION SET FORTH BY THE OUR VALLEY OUR VISION PROJECT OBJECTIVE 14.1.4 Use urbanization policies to guide annexation within USBs POLICY a. Within the USB, annexation shall be required before new development is permitted COMMENT The site is within the USB and will be annexed before development. POLICY b. For land within the USB, annexation may be granted when essential urban services can be delivered to the subject property COMMENT I The property is adjacent to city services and lies within the USB. * The Comprehensive Plan includes several strategies with the policies in certain chapters. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /944�c-\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1 0 B A 0 Stewart Nelson Annexation Exhibit 6a: 300' Notification Area U C (p A A � � V — Chick Cir 4 `ry JH: upeAV +4 ^�seP' fV N N N ^� o a n ° 0. m Y n Q- Cl 3 a ; m '^ v ri ° m q N Z ro 7 North m W ro � a � a a � A a ❑ CL 2- 0 ° 3 n' n � e -° cob q O A — r3+ VERY® 5960® i Easy Peel' Address Labels I Bend along I ine to expose Pop-up Edge Stewart Nelson Annexation Exhibit 6b: Mailing List Freddy Carrillo Justin K. Farias 1188 Angela St. 5065 Hunter Ave Chubbuck, ID 83202 Chubbuck, ID 83202 Tasheena E. Howerton City of Chubbuck Preston Fransen 5115 Hunter Ave 5160 Yellowstone Ave 5075 Hunter Ave Chubbuck, ID 83202 Chubbuck, ID 83202 Chubbuck, ID 83202 Garrett Crane In -N -Out Construction Warner H. Thompson 5035 Hunter Ave 2630 N Inkom Rd 11290 N Philbin Rd. Chubbuck, ID 83202 Inkom, ID 83245 Pocatello, ID 83202 Carlyle B. Hanson Jr. Susan Nielsen Thomas Nelson Homes, LLC. 11382 N. Philbin Rd. 5055 Hunter Ave 4997 Bilyeu Gr. Pocatello, ID 83202 Chubbuck, ID 83202 Chubbuck, ID 83202 Jim & Susan Hanson Merlynn Davis Dalton J. Lear 11460 N. Philbin Rd. 5045 Hunter Ave 5085 Hunter St. Pocatello, ID 83202 Chubbuck, ID 83202 Chubbuck, ID 83202 NR IhvGAA-m eK S 41,C Christian Chriswell Jim Hanson roti N Rapi d Cree k RJ 5095 Hunter Ave 11460 N Philbin Rd .28 Chubbuck, ID 83202 Pocatello, ID 83202 InkbM, ;J 252,45' RPRCSU6000100 LDS Church 50 East N. Temple Floor 22 Salt Lake City, UT 84150 Etiquettes d'adresse Easy Peel' Allez a avery.ca/gabarits Pat: avery.com/patents i 4 Repliez a la hachure afin de reveler le rebord Fop -up' f Utilisez le Gabarit Avery 5960 1 Stewart Nelson Annexation Exhibit 6c: Site Posting Sign posted April 26, 2021 (Philbin Road) CHUBBUCK I o A H 0 Community Planning & Economic Development PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CERVANTES CAMPOS / 345 W SIPHON RD APPLICATION FOR A CHANGE IN LAND USE DISTRICT (ZONING) - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON MAY 11, 2021 SUMMARY DESCRIPTION: An application for a Change in Land Use District from Limited Residential (R-2) to Limited Commercial (C-1) on approximately 1.09 acres of land. Subject property is in the NW 1/4 of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 345 W. Siphon Road, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. 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 Mixed Use development, which is supported by the Limited Commercial (C-1) zone as well as all residential zoning districts. • The new owner of the home would like to use the vacant building on site (formerly Hatch's House of Dolls) as rental space for appropriate businesses. There are few use options available without a zone change and/or conditional use permit (CUP). • Staff recommends approval of the request. FACTS BACKGROUND: The property includes a home, the larger shop and display building (formerly Hatch's House of Dolls), and an outbuilding. The new owner proposes to use or lease out the existing building, no improvements are anticipated at this time. At some point in the future, such as if a building permit is requested, a plat and some physical improvements may be required. Records of survey have been filed to correct/confirm property boundaries. The zone change, if approved, will follow the legal property boundaries rather than fence lines where they may deviate. Most businesses in the C-1 zone will require a CUP, giving neighbors the opportunity to review and provide comment to the Land Use and Development Commission. Campos Zone Change 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. APPLICABLE LAWS AND PLANS: 1. Idaho Statute §67-6511: Zoning Ordinance Chubbuck Comprehensive Plan Our Valley, Our Vision, as amended Chubbuck City Code Title 18: Land Use, particularly: a. Chapter 18.08: Land Use Districts and General Controls b. Chapter 18.12: Supplemental Controls OWNER/ APPLICANT: PROFESSIONAL SERVICES: Jose Andres Cervantes Campos N/A 345 W Siphon Rd Chubbuck, ID 83202 LOCATION: The site is in Lot 4 (NW 1/4) of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 345 W Siphon Road in Chubbuck. • The parcel, RCCPCO23800, is not within any subdivision. • The north property line runs along the Section line which is on the north side of Siphon Rd. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Limited Residential (R-2) PROJECT SIZE: ±1.09 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat, lower than Siphon Rd EXISTING STRUCTURES: House, large shop building, and shed SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS: 2017: Siphon Rd at Eve St, 2,893/day 2020: Siphon Rd from Eve St to Yellowstone Ave, 5,231/day NORTH: Canal and single family homes on parcels over 1 acre; Single Family Residential (R-1) zone EAST: Single family homes on parcels over 112 acre; Limited Residential (R-2) zone SOUTH: Pasture/farm land, 1-2 acre parcels; Limited Residential (R-2) zone WEST: Single family homes; Limited Residential (R-2) zone SERVICES: ACCESS STREET: West Siphon Rd FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: 1. In accordance with City Code 18.28.020 and Resolution 2020-03, 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. PO Box 5604 - 5160 Yellowstone Avenue, Chubbuck, ID 83202 /641-o'e\ 208.237.2430 - Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 Campos Zone Change 2. In accordance with City Code 18.28.020, the application is scheduled to be heard at the May 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 owners of property within a 300 ft. radius of the site at least 7 days prior to the hearing; 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 COMMENTS: 1. No written comments were received as of this report. STANDARDS FOR REVIEWING A CHANGE IN ZONING 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: §67-6511 Local Land Use Planning, Zoning Ordinance 2. Chubbuck City Code: Title 18.050, Land Use, Consistency with Comprehensive Plan 3. City of Chubbuck Comprehensive Plan Our Valley Our Vision (as amended), Chapter 4, Land Use 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. See additional Comprehensive Plan Goals, Objectives, and Policies in Exhibit 3b. 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 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /641-0,e\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 B A 0 Campos Zone Change 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 inland 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 PLAN -ZONE Plan Designation Zoning District Permitted 11 CONVERSION LDR - Low Density Residential R -i - Single Family Residential TABLE R-2 - Limited Residential MDR - Medium Density Residential R-2 - Limited Residential R-3 - General Residential HDRHDR _ Hinh T) —it- Racirirnti o� a .b. .... ....., .� ... sid—......... R_'� — C=anaro1 Racir�antia� a. .. �............................ R-4 - Dense Residential C — Commercial C -i - Limited Commercial C-2 - General Commercial E - Employment C-2 - General Commercial I - Industrial MT T — Mi—A T Tc R_7 R_7 D_1 R_d C`_1 COMMENT The site is designated as Mixed Use, and the C-1 zone request is allowed. 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 this parcel be annexed into the City of Chubbuck. See Standards for Review above and additional policies in Exhibit 3b. RECOMMENDATION AND CONDITONS: Staff recommends approval of the request without conditions and offers the following observations: Most businesses in the C-1 zone will require a CUP, giving neighbors the opportunity to review and provide comment to the Land Use and Development Commission. The owner proposes to use the existing building, no improvements are anticipated at this time. At some point in the future, such as if a building permit is requested, a plat and some physical improvements may be required. Oi PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1AAHA EXAMPLE MOTIONS APPROVAL (WITH CONDITIONS): Campos Zone Change 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 Zone Change request are satisfied, I move to approve the Zone Change as described in the application materials with the following conditions: 1 . ................ (if found necessary by LUDC). 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 Zone Change request are satisfied, I move to approve the Zone Change 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 Zone Change request are not satisfied, I move to deny the Zone Change 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 Staff comments in this report are based solely dmatson@cityofchubbuck.us upon evidence available at the time of the (208) 239-3252 report. Additional information may be brought to light at or before the hearing. DATE: April 30, 2021 EXHIBITS 1. Reference Map 4. Zoning / Land Use Districts 2. Application for Zone Change a. Current Zoning Map a. Application Materials b. Land uses in the C-1 Zone b. Copy of deed on file w/staff 5. Evidence of Notice c. Exterior and Interior Photos a. 300' Notification Area 3. Comprehensive Plan b. Mailing List a. Future Land Use Map c. Site Posting b. Additional Policies Relevant to the d. Copies of notices on file w/staff Application PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A H 0 Campos Zone Change Exhibit 1: Reference Map City of Chubbuck Land Use Application CONDITIONAL USE PERMIT CHANGE OF LAND USE DISTRICT VARIANCE ANNEXATION & ZONING COMPREHENSIVE PLAN CHANGE City Official: f0HH0 Date: ®1FM / For the Land Use Meeting of : ❑ / ❑ / m Application Deadline: ❑ / ❑ / m 2:00 PM I ? 4 1 Name of Applicant: �g 8t -a A CLWAL A ('�apVAPhone: a C' s ly Mailing Address: -�Lq S W et ,Ja� 21 3(x20' 2 2 3. Email address: Filing fee of $ 535 ---- - - ❑ ($1.50 per notification mail -outs for Conditional Use Permits.), owners and occupants. ❑x ($3.00 per notification mail -outs for annexations, zone changes.), owners and occupants. Paid to the City Clerk on: q - 12-- , 20 _?=�L Initials Project location: 4. Existing Land Use District: 5. Describe Proposal: ire; Receipt # 1'3 , 0,AJQ2-2' 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 u�_rop� erty as set forth herein. ,`� � 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) ❑ 8 112 X 11 Drawings (as listed below) ❑ Digital PDF copy of documents and drawings e-mailed or on jump drive as much as possible. ❑x Please attach a legal description of the property. 0 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 necessaryfor 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 11" reduction of 18" x 24" drawing Scale: ,. Site plan 1:20 minimum -Floor plan 1/4" = l'- 0" minimum Revised: 5-9-2419, PBA L. Exhibit 2b: Interior and Exterior Photos f , _ k N' jut JI*_ Ar -11116&1, ARL Campos Zone Change Aerial view of site looking west, showing house, shed, and 30'x 80' shop building. Between the garage space and the front area there is a 21'x 9' storage room and a restroom. 104. Campos Zone Change Exhibit 2b: Interior and Exterior Photos Front of shop building and side yard (east). Front of shop building showing front entrance, window (center) and access door (to rear unit/garage). Campos Zone Change Exhibit 2b: Interior and Exterior Photos View of interior/front unit from main entrance. Exhibit 2b: Interior and Exterior Photos Storage room and restroom. Storage is accessible from both units. Restroom is accessible from front unit. Campos Zone Change Campos Zone Change Exhibit 2b: Interior and Exterior Photos Roll up doors at rear of building, with rear door on previous page they provide access to back half of shop building. Above left, see shed in background. Campos Zone Change Exhibit 4a: Comprehensive Plan Future Land Use Map Campos Zone Change Exhibit 3b: Comprehensive Plan Additional Policies Relevant to the Application Is the request consistent with the City's Comprehensive Plan? 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 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 and will use existing structures and city services. GOAL 4.3 PROVIDE CONVENIENT COMMERCIAL SERVICE LOCATIONS AND LIMIT THEIR ADVERSE IMPACTS ON TRANSPORTATION SYSTEMS, RESIDENCES, AND VISUAL INTEGRITY OBJECTIVE 4.3.1 Adopt appropriate commercial zoning to allow for a variety of commercial goods and services at community centers, which should be located within walking distance of residents of one or more neighborhoods POLICY a. Adopt appropriate Neighborhood Commercial zoning to allow small-scale commercial development at neighborhood centers that serves the daily needs of neighborhood residents COMMENT Using the shop building for commercial services may enable small-scale businesses to locate in the community. It is not known what businesses may desire to rent the space. GOAL 4.S 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 Mixed Use, a category intended for Residential or C-1 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 The site is already built, and provides ample setback from neighbors. POLICY g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT More C-1 zoning is needed to meet the needs of the community. 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 The proposal will use an existing business. 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 Campos Zone Change CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION 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 proposal will not require the extension of any public services. CHAPTER 7: GOVERNMENT SERVICES 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 The property is currently underutilized. The zone change will allow some uses without having to extend city services. CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS 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 shop building is already existing and the change in zoning should not have a negative impact on surrounding homes. CHAPTER 11: ECONOMIC DEVELOPMENT GOAL 11.2 CENTRALIZE COMMERCIAL EFFORTS OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development POLICY a. Allow future commercial growth to occur within new neighborhoods in a manner that is consistent with the community design principles defined in Chapter 6: Community Design COMMENT The site lies within an existing neighborhood. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us Campos Zone Change Exhibit 3: Current Zoning Map Campos Zone Change Exhibit 4b: Land Uses in the C-1 Zone Conditionally. Group Land Uses Agriculture/Natural Resources Agriculture Arts, Entertainment, Tourism, Recreation Exercise Salon Commercial Retail NONE/NA Commercial Services Hobby Kennel Office, Professional (<10,000 sf) Photographic Studio Health and Human Services Childcare Center Home Occupations NA — regular business licenses are issued Production Buildings (for uses allowed) Class I Class II Residential Dwellings Accessory Dwelling Units Warehouse and Storage Nonresidential Production Building (for uses allowed) Site Buildings (for uses otherwise allowed) Conditionally. Group Land Uses Agriculture/Natural Resources Livestock Arts, Entertainment, Tourism, Recreation Amusement Centers Aquatic/Activity/Rec. Center Art Gallery Dance, Music or Voice Studio Golf Course Martial Arts Instruction Museum Civic Services Cemetery Church Government Facility Newspaper, Printing -Publishing Publishing School TV Studio, Radio Station Commercial Retail Automotive Parts Store Automotive Sales Bakery Goods Store Bookstore Convenience Store Drive-in Restaurant Grocery Store Hobby Store and Crafts Pet Shop and Supplies Restaurant Retail Stores and Services Roadside Stand Yard and Garden Sales/Svcs Commercial Services Cleaning, Laundry Shop Office, Professional (>10,000 sf) Printing Service Station Wedding Chapels, Services Health and Human Services Barber/Beauty Shop Funeral Home Hospital Lab: Medical, Dental, or Optical Nursing Home Shelter Home Industrial/Manufacturing Laboratory Research Residential Dwellings Single Household Dwelling Duplex Threeplex Fourplex Apartment Building Zero Lot Line Residence Warehouse and Storage Self Service Storage Facility PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /641—o'e\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1 0 B A 0 Campos Zone Change Land Uses Not Permitted in the C-1 Zone Group Land Uses Agriculture/Natural Resources Agricultural feed and seed store Asphalt plant Concrete batch plant Riding stable or school Wood processing plant Arts, Entertainment, Tourism, Recreation NA Civic Services NA Commercial Retail Department store Equipment rental and sales yard Industrial and agricultural equipment sales and supply Greenhouse Production building sales Recreational vehicle sales, service and supply Sexually oriented business Tire shop, including recapping Commercial Services Animal care site Auction service Car wash Exterminating company Hotel Kennel, commercial Motel Health and Human Services Bathhouse, sauna, mineral Industrial/Manufacturing Battery manufacture Beverage bottling plant Cement or clay products manuf. Chemical storage and manuf. Contractor shop and yard Food processing plant Furniture/cabinet shop Ice and dry ice manufacturing Machine shop Manufacturing, heavy Manufacturing, light Meatpacking plant Public utility yard Railroad yard site Recycling center Rendering plant Well drilling Production Buildings Class III buildings Cluster arrangements Warehouse and Storage Commercial laundry service Feed manufacture and storage Frozen food locker Fuel yard Grain storage Moving and storage company Parking lot, garage or facility Salvage site Sanitary landfill Terminal yard, trucking Vehicle storage site Warehousing, wholesaling PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /641—O'e\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 5{333 5011 5627 sue I I 5634 472 / 424 j Oaktrai Secluded ssa:1 sae a sl Campos Zone Change Exhibit 5a: 300' Notification Area Y Public Notification Select or search for a feature in the ma Secs iT Address I� Fir U ry� © Apply a search distance 300 Feet 25f— I 241 I Addressee Layer _ I Parcel Owner Format PDF label t x 4 inches, 20 per page 29 addressees found, do you want to continue? CLARK, CODY J EMPSON, GLEN P MULLENAX, MICHAEL K 424 OAK TRAILS LN 5617 EVE ST 5570 STUART AVE CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 BROWN, DONNA D WHITED, DUSTIN L MAYNARD, BRIAN B 321 W SIPHON RD 403 GARDEN OAKS CIR 320 W SIPHON RD CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 MANOLIS, DIMITRIOS V SMITH, KAREN LEE DESPAIN, ARIANNE C 5530 STUART 5542 JOSH ST 5590 STUART AVE CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 ANDREASON, ANETTE SMEDLEY, JYNNAE M MITCHELL, BRYON L 402 GARDEN OAKS CIR 5624 SORREL DR 301 W SIPHON CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCKO, ID 83202 NAEF, KIM A HAUMSCHILT, DAVID 5607 EVE ST 311 W SYPHON RD CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 ROWE, RONALD A WILLEY, DEMIAN A MURPHY, GREGORY BRIAN 5541 STUART AVE 271 W SIPHON RD 5592 STUART AVE CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 ROBINSON, DAVID GIFFORD, S JOEY ROBBINS, CINDY 5626 SORREL DR 5580 STUART ST 5409 N OLD STATE RD 3 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 MUNCIE, IN 47303 HERRUD, LARRY D BLOOMFIELD, TAMARA K BRAY, CASEY 5612 HAWTHORNE RD 445 GARDEN OAKS CIR 5540 STUART AVE CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 MARMALADE PROPERTIES LLC 4604 BURLEY DR CHUBBUCK, ID 83202 HOFFMAN, KRISTINE GRAHAM, MARY LYNN 422 GARDEN OAKS CIRCLE 5954 NOAH POCATELLO, ID 83202 CHUBBUCK, ID 83202 0 IFrlf �< } �^�SI ,,+-.r�� sem' - - �! r' �"_-., i��w-.` ,_ ����• ,'- ` .Mac - i CHUBBUCK Memo Community Services Department Planning Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 To: Land Use and Development Commission From: Don Matson, Planning Manager Date: May 3, 2021 www.CityofChubbuck.us Re: Public Hearing and Amendments to City Code Chapter 18.13 Wireless Telecommunications Facilities Thank you for your input on proposed amendments to City Code Chapter 18.13 regarding wireless communication facilities (WCF). Much of the effort is to bring the City into compliance with Spectrum Act and subsequent rulings by the FCC. Attached are two copies of the draft ordinance with the proposed changes. Exhibit 1 is based on the file discussed on April 13, 2021. The file includes colored text that was on the prior version, and changes made per the April 13 discussion are highlighted in yellow. • Blue text indicates changes made pursuant to the March 11 discussion. • Brown text indicates suggestions from staff after the March 11 discussion. Yellow highlighted text per the April 13 discussion. List of Changes Page Section Change / Note Var. Various Removed notes that were not part of the text 1 - Var. Contents Section numbers updated to match draft, title of section 130 updated to match title in text, and section numbers updated per content table throughout document 2-8 18.13.030 Section numbers added to each definition — not highlighted 4 18.13.030.11 Conditional Use Permit—updated definition from "are" to "maybe" 4— Var. 18.13.030.13 Electronics Industry Association has been replaced by Electronic Components Industry Association, or ECIA, and updated all references from EIA to ECIA 6— Var. 18.13.030.27 Added definition of right-of-way, and changed references from "right of wad/' to "right-of-way' List of Changes Page Section Change / Note 6— 18.13.030.31 Added "cell" to small wireless facilities, and for consistency changed Var. all references from "small wireless facilities" to "small cell wireless facilities" 8-9 18.13.050.K Updated exemption for WCF in parks to read "WC—Fs Small cell, DAS, and publicly available Wi-Fi antennas located in public parks or spaces when deemed desirable by the City Council to primarily serve the public and to attract the public and an increasingly mobile workforce to these spaces and to Chubbuck, generally. Such facilities, particularly in public parks, are not exempt if they are capable of or designed to transmit or receive signals beyond park boundaries. WGFs Antennas under this exemption... " 17 18.13.110.13.8 Expanded reference to standards for towers to include FCC 19 18.13.120.AA Clarified Type 1 requests for DAS and small cell facilities 21 18.13.120.D In the table for Type of Permits, in last row regarding franchise agreements, add requirements for Design Review and Building Permit in all districts (Industrial District no requirement for Design Review) 23 18.13.150.13 Numbered the subsections under B 24 18.13.150.0 The original paragraph under this title was proposed to be deleted because staff has not received any such letters verifying maintenance inspections over the years; the proposed re -write here suggests keeping most of the language, but making the inspection reports available to the City upon request " C EGeh eGr ^ ^r After a facility becomes operational, the facility operator shall conduct a -safety and maintenance inspections inspection in accordance with the €1,4ECIA and FCC standards and regulations. At the request of the City, the facility perator shall, within sixty (60) days of the -request, provide copies of the inspection file ^ report wiM the eit, Submission Of a copy of FCC- requiFed, G duty filed; safety inspection report, or the facility operator's maintenance reports for the prior twelve (72) months. in the event no =C- T`Y ". t is required f "O7r e-�.� ^r, ,-r�^1! ni-,e& the requirements ��Gf of this ruction „ Exhibit 2 is a plain version showing all additions underlined and deletions in strikeout text. 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. Draft Chapter 18.13 Wireless Communications Facilities [with colored text and highlights of changes] 2. Draft Chapter 18.13 Wireless Communications Facilities [with complete text only] PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A H 8 APPENDIX 1 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: Drat Chapter 18.13 (colored text) CHUBBUCK CITY CODE CHAPTER 18.13 WIRELESS T -E ECOMMUNIC T -IO S COMMUNICATION FACILITIES As presented 3/11/21 to LUDC - with proposed additions and deletions Comments from LUDC meeting on 3/11/21 - proposed additions and dolma Post LUDC meeting on 3/11/21 - staff proposed additions and deletions Post LUDC meeting on 4/13/21 - proposed additions and deletions 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 18.13.130:1^'G -F Faedities a„dd Uses by Type of Permit a+►d by Land Use District 18.13.140: Permit Review Time Requirements 18.13.49150: n Maintenance Requirements 18.13.160: Antenna Support Structure SafetX 18.13.44-9170: Landscaping; Screening 18.13.9180: Abatement. Nonuse;, and Abandonment 18.13.46-9190: Third Party Review 18.13.9200: 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. Draft Chubbuck City Code 18.13 -for 5/11/21 LUDC Public Hearing Page 1 Exhibit 1: Drat Chapter 18.13 (colored text) C. In reviewing any application to provide personal wireless service or to install personal wireless service facilities, the city shall act within a reasonable period of time, taking into account the nature and scope of the application. The city shall approve, approve with condition, or deny the application in accordance with the time frames set forth in this title and in accordance with other applicable ordinances and regulations of the city. (Ord. 535 §2, 2000) 18.13.020: POLICY STATEMENT: The purpose of this chapter is to establish general guidelines for the siting of towers and antennas. The goals of this chapter are to: a) enhance the ability of personal wireless service providers to provide such services 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 telecommunications act of 1996; and 41.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: 18.13.030.01: ABANDONMENT: A. To cease operation for a period of sixty (60) or more consecutive days; B. To reduce the effective radiated power of an antenna by seventy five percent (75%) for sixty (60) or more consecutive days; Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 2 Exhibit 1: Drat Chapter 18.13 (colored text) C. To relocate an antenna at a point less than eighty percent (80%) of the height of an antenna support structure; or D. To reduce the number of transmissions from an antenna by seventy five percent (75%) for sixty (60) or more consecutive days; provided that nonoperation or reduced operation for a period of sixty (60) or more consecutive days to facilitate maintenance, redesign or other changes about which the city was notified in advance shall not constitute abandonment. 18.13.030.02: 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 oF small satellite dishes f^r residential ^r household 18.13.030.03: 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. ^mss switches, regular and backup power supply, shelters or cabinets, wiring, and coaxial, fiber optic and other cables. 18.13.030.04: 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, manoaaj!�zbase frequency signals. 18.13.030.05: APPLICANT: Any provider or any person, partnership, or company who files an application for any permit necessary to install, maintain, or remove a personal wireless cervi^^ faciliy WCF within the city. 18.13.030.06: APPLICATION: A written request submitted by an Applicant to locate or collocate, or to modify, a WCF. A complete application includes all wed written documentation and other statements required by the City, and in whatever form mage by .,n applicant V4 required by the City concerning such a request. 18.13.030.07: 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. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 3 Exhibit 1: Drat Chapter 18.13 (colored text) 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 peFsenal wi-vele-sr-, Se -Price facility that is disguised, hidelen, 9F integFatecl with the existin- �at and tFees so as to be significantly seFeened &om view. 18.13.030.08: CARRIER: A company that provides wireless services. 18.13.030.09: 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. 18.13.030.10: COLLOCATION: The use of a " a • r^'^r'c sevvice facility ^r c^" ske by m^r^ than one person -Al %xir^'^sc s,ideF. 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 facilit. A. Collocation includes modifying 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. 18.13.030.11: CONDITIONAL USE PERMIT OR CUP: A process and approval as described in this title and other appropriate sections of this code. Conditional uses a -re may be allowed within a zoning district provided that certain standards (or "conditions") are met that will enhance the compatibility of the proposed use with other surrounding uses. 18.13.030.12: DESIGN: The appearance of personal wireless service facilities, including such features as their materials, colors, and shape. 18.13.030.13: &A ECIA: The el eetpenies ;,,a„-s*,.y associationElectronic Components Industry Association. 18.13.030.14: 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. 18.13.030.15: ELIGIBLE FACILITIES MODIFICATION REQUEST: Any completed application requesting the modification of an existing structure, specifically a tower or base station that, within the meaning of section 6409(x) of the Spectrum Act (47 USC section 1455(a)l, 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 Q the replacement of transmission equipment. If a subsequent application if filed to modify an existing tower or base station, the original dimensions of the support structure shall be used to determine if the proposal would constitute a substantial chanLye and whether the application was elie-ible for consideration Der 47 CFR 1.61000. Draft Chubbuck City Code 18.13 -for 5/11/21 LUDC Public Hearing Page 4 Exhibit 1: Drat Chapter 18.13 (colored text) 18.13.030.16: 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. 18.13.030.17: EXISTING STRUCTURE: Peery A previously erected supper -t str-uctuFe OF ally other structure that lawfully exists at the time the application is filed with the City, 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. 18.13.030.18: FAA: The federal aviation administration or successor agency. 18.13.030.19: FCC: The federal communications commission or successor agency. 18.13.030.20: GOVERNING AUTHORITY: The mayor and city council of the city of Chubbuck. MOBILE TRANSMISSION FACILITY: Movable, nonstationaFy tr-ansmisS, i A- A fA- C_- J I J t_: J P_ S t_: -h _A t_: P_ A- _P t-:-;4 �R peFsonal wiFeless service facilities including any antenna, suppoFt stFuctur-e, accessory str-uetuFesj 18.13.030.21: MONOPOLE: A single, freestanding pole -type structure supporting one or more antennas and includes, but is not limited to, a utility pole or light pole. 18.13.030.22: 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. 18.13.030.23: 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. 18.13.030.24: 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. 18.13.030.25: 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. 18.13.030.26: 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-existinLy support structure. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 5 Exhibit 1: Drat Chapter 18.13 (colored text) 18.13.030.27: RIGHT-OF-WAY: Any land dedicated and open to the public and under the jurisdiction of the City (or State of Idaho or other jurisdiction) for use as a road, street, or other thoroughfare. For the purposes of this Chapter, right-of-way includes public easements for streets and other thoroughfares, and for existing streets and other thoroughfares maintained by the City where no public ownership or easement has been established. 18.13.030.28: 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. 18.13.030.29: SECONDARY USE: A use subordinate to the principal use of the property, such as commercial, residential, utilities, etc. 18.13.030.30: SECURITY BARRIER: A wall, fence, or berm that has the purpose of securing a personal wireless service facility from unauthorized entry or trespass. 18.13.030.31: SMALL CELL 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 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 cell wireless facilities. 18.13.030.32: 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. 18.13.030.33: SPECTRUM ACT: Section 64090 of the Middle Class Tax Relief Act and Job Creation Act, 47 USC section 1455(a) (providing, in part, "... a state or local government may not den,, 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."). 18.13.030.34: 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 eligilIe existing support structure as defined herein: 1. It involves the installation of more than the standard number of new equipment cabinets for the technoloav involved. but not to exceed four (4) cabinets: or Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 6 Exhibit 1: Drat Chapter 18.13 (colored text) 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 (3) 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 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 (6jLor 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. 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%), or b) 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 appurtenance 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. 18.13.030.35: SUPPORT STRUCTURE: A structure designed or modified to support small cell wireless facilities including, but not limited to, monopoles, vertical facilities, utility poles, Eft own -&d street lights, traffic signal poles, billboards, and other freestanding self-supporting structures under 50' in height. 18.13.030.36: 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. 18.13.030.37: UNLICENSED WIRELESS SERVICES: Commercial mobile services that operate on public frequencies and are not required to have an FCC license to operate. (Ord. 535 §2, 2000) 18.13.030.38: 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 Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 7 Exhibit 1: Drat Chapter 18.13 (colored text) buildings, shelters, cabinets, parking area, and other accessory development. However, communications facilities shall not include any satellite earth station antenna 61/2 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 category. 18.13.040: COMPLIANCE WITH CHAPTER; NONCONFORMING USES: A. New Uses: All new antennas and antenna support structures shall comply with the requirements of this chapter after the effective date hereof by which this chapter was adopted. B. Existing Uses: Towers and antennas existing before the effective date hereof by which this chapter was adopted which do not meet the requirements of this chapter shall be allowed to continue as they presently exist, but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers and antennas. However, new construction other than routine maintenance on existing towers, antennas, buildings or other facilities shall comply with the requirements of this chapter. (Ord. 535 §2, 2000) 18.13.050: EXEMPTIONS: The following are exempt from the provisions of this chapter and shall be permitted in all zones, unless otherwise specifically provided: A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC. B. Antennas and related equipment no more than three feet (3') in height that are being stored, shipped, or displayed for sale. C. Radar systems for military and civilian communication and navigation. D. Wireless radio utilized for temporary emergency communications in the event of a disaster. E. Licensed amateur (ham) radio stations. F. Satellite earth stations, dishes and/or antennas used for private television reception not exceeding 3 1/2 feet dish antennas less than civ and one-half fear (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 perce„al wivAleSs SANAiee f -,,.4"M CF 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. K. s Small cell, DAS, and publicly available Wi-Fi antennas located in public parks or spaces when deemed desirable by the City Council to primarily serve the public and to attract the public and an increasingly mobile workforce to these spaces and to Chubbuck, generally. Such facilities, Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 8 Exhibit 1: Drat Chapter 18.13 (colored text) particularly in public parks, are not exempt if they are capable of or designed to transmit or receive signals beyond park boundaries. s Antennas under this exemption do not require conditional use permits irrespective of zoning district and shall be approved by the Design Review Committee prior to installation and the committee shall ensure that the facilities are as minimal and unobtrusive as possible to meet the purpose. Installations may be publicly owned or privately owned and under a private -public partnership aLireement. (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: 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 Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 9 Exhibit 1: Drat Chapter 18.13 (colored text) 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 anew antenna support structure in a residential zone shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government facility, a private institutional structure, or other appropriate existing structures within a nonresidential zone, and that due to valid considerations including physical constraints, and economic or technological feasibility, no appropriate location is available. 2. The information submitted by the applicant shall include: a) a map of the area to be served by the tower or antenna, b) its relationship to other cell sites in the applicant's network and a network master plan, and c) an evaluation of existing buildings taller than thirty feet (30'), within one-fourth (1/4) mile of the proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals. (Ord. 535 §2, 2000) 18.13.090: USE PRIORITY ON PUBLIC PROPERTY AND SITING REQUIREMENTS: A. Use Priority: Where public property is sought to be utilized by an applicant, priority for the use of city owned land for wireless antennas and towers will be given to the following entities in descending order: Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 10 Exhibit 1: Drat Chapter 18.13 (colored text) 1. City of Chubbuck; 2. Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the city of Chubbuck and private entities with a public safety agreement with the city of Chubbuck; 3. Other governmental agencies, for uses which are not related to public safety; and 4. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, internet, paging, and similar services that are marketed to the general public. B. Minimum Requirements: The placement of personal wireless service facilities on city owned property must comply with the following requirements: 1. The facilities will not interfere with the purpose for which the city owned property is intended; 2. The facilities will have no significant adverse impact on surrounding properties; 3. The applicant will obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards including cost for removal of facilities at end of lease agreement. The city shall establish fees after considering comparable rates in other cities, potential expenses, risks to the city, and other appropriate factors; 4. The antennas or tower will not interfere with other users which have a higher priority as discussed in subsection A of this section; 5. The lease shall provide that, in the case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice, the city may require the applicant to remove the facilities at the applicant's expense; 6. The applicant must reimburse the city for any related costs which the city incurs because of the presence of the applicant's facilities; 7. The applicant must obtain all necessary land use approvals; 8. The applicant must cooperate with the city's objective to encourage collocations and thus limit the number of cell sites requested, and camouflage the site; and 9. The applicant must comply with requirements for maintenance of the facility site, including, but not limited to, keeping lawns mowed, providing litter control and maintaining trees and other vegetation in a healthy state, or such stricter requirements as may be set forth in any design review meeting minutes or conditional use permit, or decision of a reviewing body. 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. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 11 Exhibit 1: Drat Chapter 18.13 (colored text) 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; 12. A letter signed by the applicant stating the tower will comply with all FAA regulations and € A-ECIA 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; Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 12 Exhibit 1: Drat Chapter 18.13 (colored text) 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: tersepal wilpeless, ser -Wee facilities, An existing eF new towers is eneeuFaged as fellows: 1. PFePA__r't_Qd_ _fA_P_ijU_it_Q_r' sh__;11_1 P-A-1-1-ecate onto existing towers, Feasenably feasible. Rocation is peFmitted outiright and new oir additional conditional use permit appFoval is no FeqUiFed, except that any E)theF peFMit, license, lease, oF fir-Anchi-se vequiFements PA-1-1-st be s-atisfied, and the collocation must be accomplished in a manner- consistent with the polic3F, site , nes if the applicant locates the ant existing str-uctuFe or- an existing towen The applicant must submit detailed plans to the building official to deter-M-i-ne if the co-nd-itio-n-al 3. The city may deny an application to eanstFuet new f4eilifies if the applicant has not shown stFuetnro or- towe 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 type 2 review and application. The limitation to constitute a "substantial change" to an existing tower or base station applies to cumulative increases and any previously approved 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. E. Applicable building, mechanical, and electrical permits are required 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. Draft Chubbuck City Code 18.13 -for 5/11/21 LUDC Public Hearing Page 13 Exhibit 1: Drat Chapter 18.13 (colored text) 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 (1.12) 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 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. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 14 IZ Ii 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 (1.12) 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 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. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 14 Exhibit 1: Drat Chapter 18.13 (colored text) 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. hH. 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. -1.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. 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: Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 15 Exhibit 1: Drat Chapter 18.13 (colored text) 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. 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 Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 16 Exhibit 1: Drat Chapter 18.13 (colored text) 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 FCC standards for towers, and other standards that are published by the-ECIA E +r„r; ("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 ECIA 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 E4A-ECIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested. The antenna and its support structure shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guywires. 10. Antenna Support Structure Safety: The applicant shall demonstrate that the proposed antenna and support structure is safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturers. 11. Tower And Antenna Height: The applicant shall demonstrate that the tower and antenna is the minimum height required to function satisfactorily; provided additional height beyond the minimum may be allowed if necessary to accommodate collocation. No tower or antenna that is taller than this minimum height shall be approved unless necessary to accommodate collocation. No tower or mount shall exceed one hundred feet (100') in any park, industrial zone or commercial zone. Towers in residential areas are not allowed unless integrated with another structure. A variance from the height limit may be granted if the applicant can show by clear and convincing evidence that the additional height is necessary to provide adequate service to the residents of the city and no other alternative is available. 12. Required Parking: If the cell site is fully automated, adequate paved parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off street parking shall be made and documentation thereof provided to the city. 13. Tower Separation: In no case shall towers be located closer than five hundred feet (500') from another tower whether it is owned or utilized by applicant or another provider, unless the city designates areas where multiple towers can be located in closer proximity. 14. Antenna Criteria: Antennas on or above a structure shall be subject to the following: a. The antenna shall be as architecturally compatible as reasonably possible, with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact. b. The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 17 Exhibit 1: Drat Chapter 18.13 (colored text) 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. 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. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 18 Exhibit 1: Drat Chapter 18.13 (colored text) 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 modifications 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 (DAS) and small cell facilities. 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 (10 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 type 1 or 2 WCF permit as outlined in this Title shall be considered a Type 3 request. Type 3 requests include roof mounted antenna 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 Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 19 Exhibit 1: Drat Chapter 18.13 (colored text) 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: 18.13.130: TYPE OF PERMIT(c BY -LAND USE DISTRICT Type Of>rae lity Buildiag c4g T.,w eFs >60 feet „r toweFs or -ante nn , ; Yes Yes zones, nrA oakar sidential (ifapplicab4e and commercial zones but not industrial Str-uetur-e mounted . Feless faeili Ylis _ (if annlieahle Building mounted wireless f eiliti , Ye -S - (if appheab,l.,) TRAd—if;cat;An .,f existiBg faei1;ties t., Ylis Ye -s arrnmmo ate rnllnration and other (if annlieab ! (if appheab1e substantial ehaneeS T o w e F s >tin foot ; R i n.a„Str;al zz � (if annlirAlol Ye -s (if applicabkl Yes (if annlirahlol Yes (if appheabk- Yes (if appheablol Yes (if annliral- k P = Permitted p - Restricted X = Not Permitted C = Conditionally Permitted F = Permitted under Franchise Agreement with City Council DR = Design Review BP = Building Permit Zoning WCF Type' Agriculture Residential, Limited General Industrial PUD. CC Comm. Comm. Minor Changes - Eligible Facilities Modifications' P BP P BP P BP P BP P BP Substantial Changes' C DR. BP C DR, BP C DR, BP P DR, BP P DR, BP DAS / Small Cell Facilities, Building Installation' P DR. BP PIC2 DR. BP P DR. BP P DR. BP P BP DAS / Small Cell Facilities, Support Structure Installation' P3 DR. BP P_C3 DR. BP P3 DR, BP P3 DR. BP P BP Roof Mounted WCF <10' P2 DR. BP PC 2 DR. BP P DR. BP P BP P BP Draft Chubbuck City Code 18.13 -for 5/11/21 LUDC Public Hearing Page 20 Exhibit 1: Drat Chapter 18.13 (colored text) Roof Mounted WCF >10' X - X - C DR. BP P DR. BP P BP c„rr„r+Stp&.+„r„ $3 F-3 1?3 $3 P New T..we X X X X X New Tower <60' or Base Station C4 DR. BP C4 DR. BP C4 DR, BP C DR, BP P5 DR. BP fnet in DOM New Tower >60' X - X - X - X - P5 DRB P Any WCF in ROW6 F DR. BP F DR. BP F DR. BP F DR. BP F BP 1. See 18.13.030 Definitions for clarification. 2. Stealth design is required. 3. Height not to exceed 6W50' from grade to top of antenna str-uEtu ro,,;o,^, _n Mroval fro „ ver. See 18.13.030 Definitions for additional information. 4. Stealth design is required: city property only with hearing before the City Council. 5. If the tower location is in a city park, a conditional use permit is required. 6. Any WCF located in the Right -of -Way must meet all other requirements for the type of facility. To meet the standards of this chapter, a peFsonal wireless seFvice facfl tyWCF must also comply with the other requirements under this chapter and with the following: For antennas attached to the roof or sides of a building at least thirty feet (30') in height, an existing tower, a water tank, or a similar structure: A. Type: The antenna must be either: 1. An omnidirectional or whip antenna no more than seven inches (7") in diameter and extending no more than sixteen feet (16') above the structure to which it is attached; or 2. A panel antenna no more than two feet (2') wide and six feet (6) long, extending above the structure to which it is attached by no more than ten feet (10'). B. Height: Antennas mounted on existing stFuetur-es in any residential zone, par -k-, or- mixed IF P_ S, i d P_ B t i -A I -A _B d- G 0- BA_ -B-Aiffeial zone, not exceeding sixteen feet (16') in height-, may be PeMlitted— following a design Feview and submittal of an affidavit of compliance, with this chapter- and o cit. regulations. (delete to correlate with 10' limits in chart) QB. 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 -.C. 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. D. 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. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 21 Exhibit 1: Drat Chapter 18.13 (colored text) RE. 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) Zoning AgFieultuFe Residentia4 Limited Genal industrial Eligible Facilities R R R R R PAS ( c,,,.,ll Cells R R R R R RAAf MAuntQrd .410' P} P-1 P P R Roof Mounted >10' X X L P R Util SUPP ,rt StFUCt,,,-e P-2 P-2- R-2 P-2 R New T.,.. e (;,, D(1W X X X X X New Tower (not i D(lW C-3 Q3 Q3 C P 18.13.140: 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 type 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 aneO ting 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 type 1 eligible facilities reauest. the Citv will notifv the applicant of such determination in writing and will process the application as a type 2 WCF application. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 22 Exhibit 1: Drat Chapter 18.13 (colored text) 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 Pecate4o Chubbuck. 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. 18.13.440150: INSPECTION MAINTENANCE REQUIREMENTS: 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. 1. 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. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 23 Exhibit 1: Drat Chapter 18.13 (colored text) 2. 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. after After a facility becomes operational, the facility operator shall conduct a -safety and maintenance inspections men in accordance withthe EIrECIA and FCC standards and regulations. At the request of the City, the facility operator shall, within sixty (60) days of the request, provide copies of the inspection fire a Fepor-twwith the lity. c„hw.'s .,f -, copyofFcc required, a duly filed, safety inspection report, or the facility operator's maintenance reports, for the prior twelve (12) months. -int#a-eUe tRO FCC -rept-is-requJVed-_f49 V r3QEhh year, shall satin. the r-equiFemeats of this section. (Ord. 755, 20164 18.13.160: 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. 18.13.440170: LANDSCAPING; SCREENING: A. Landscaping: Landscaping, as described herein, shall be required to screen personal wireless service facilities as much as possible, to soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required. B. Screening: The visual impacts of a personal wireless service facility shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering shall be required around the perimeter of the tower and accessory structures, except that the city may waive the standards for those sides of the facility that are not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements. 1. A row of evergreen trees a minimum of six feet (6) tall at planting a maximum of six feet (6') apart shall be planted around the perimeter of the fence; and 2. A continuous hedge at least thirty six inches (36") high at planting capable of growing to at least forty eight inches (48") in height within eighteen (18) months shall be planted in front of the tree line referenced above. 3. In the event that landscaping is not maintained at the level required herein or as required in any design review or conditional use permit, or decision of a reviewing body, the city after giving thirty (30) days' advance written notice may maintain or establish the landscaping and bill both the owner and lessee for such costs until such costs are paid in full. (Ord. 535 §2, 2000) 18.13. x4180: ABATEMENT. NONUSE;, AND ABANDONMENT: 1 11 Draft Chubbuck City Code 18.13 -for 5/11/21 LUDC Public Hearing Page 24 Exhibit 1: Drat Chapter 18.13 (colored text) operation. 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: A -.C. Reactivation: Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or &.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.C. Dismantle And Removal Facility: if the toweF, antenna, foundation, and facility are no el Dve sul P-141 t0weF, antenna, foundation, and Felated facility at the pr-ovideF's exp en -subseetion above, this provision shall not become effective until all providers cease using the 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) 18.13.9190: 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 Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 25 Exhibit 1: Drat Chapter 18.13 (colored text) 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) 18.13.9200: 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 —for 5/11/21 LUDC Public Hearing Page 26 APPENDIX 2 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 2: Draft Chapter 18.13 (complete text onlyl CHUBBUCK CITY CODE CHAPTER 18.13 WIRELESS T -E ECOMMUNIC T -IO S COMMUNICATION FACILITIES Post LUDC meeting on 4/13/21 - proposed additions and deletions 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 18.13.130: WGF Facilities and Use 2y Type of Permit and by Land Use District 18.13.140: Permit Review Time Requirements 18.13.448150: a Maintenance Requirements 18.13.160: Antenna Support Structure Safety 18.13.440170: Landscaping; Screening 18.13.45-9180: Abatement. Nonuse;, and Abandonment 18.13.46-9190: Third Party Review 18.13.47-9200: 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 (FCC.. 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 Draft Chubbuck City Code 18.13 -for 5/11/21 LUDC Public Hearing Page 1 Exhibit 2: Draft Chapter 18.13 (complete text onlyl the application in accordance with the time frames set forth in this title and in accordance with other applicable ordinances and regulations of the city. (Ord. 535 §2, 2000) 18.13.020: POLICY STATEMENT: The purpose of this chapter is to establish general guidelines for the siting of towers and antennas. The goals of this chapter are to: a) enhance the ability of personal wireless service providers to provide such services 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-^mmunications -ac* of 1 °Q6; and Q.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: 18.13.030.01: ABANDONMENT: A. To cease operation for a period of sixty (60) or more consecutive days; B. To reduce the effective radiated power of an antenna by seventy five percent (75%) for sixty (60) or more consecutive days; C. To relocate an antenna at a point less than eighty percent (80%) of the height of an antenna support structure; or D. To reduce the number of transmissions from an antenna by seventy five percent (75%) for sixty (60) or more consecutive days; provided that nonoperation or reduced operation for a Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 2 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 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. 18.13.030.02: 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 desie-ned for amateur radio use Aff c_*^"i*^ dishes for r sidenti-A' ^r'-^1IS^h^'a 18.13.030.03: 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, ^mss switches, regular and backup power supply, shelters or cabinets, wiring, and coaxial, fiber optic and other cables. 18.13.030.04: 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. #. ANT-ENNA SUPPORT STRUCTURE: Any pole, teleseeping mast, toweF, tFiPOCI, meneaajgtjzbase qatime*,-oF other- str-uetuFe which suppaFts a device used in the transmitting oF receiving of radio fFequeney signals. 18.13.030.05: APPLICANT: Any provider or any person, partnership, or company who files an application for any permit necessary to install, maintain, or remove a „^rs^ra' NViVe'^cc S^rl,;^^ fac-ility WCF within the city. 18.13.030.06: APPLICATION: A written request submitted by an Applicant to locate or collocate, or to modify, a WCF. A complete application includes all fefajjr-!eA written documentation and other statements required by the City, and in whatever form made by an applicant ta required by the City concerning such a request. 18.13.030.07: 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. reL-ular 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. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 3 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 18.13.030.08: CARRIER: A company that provides wireless services. 18.13.030.09: 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. 18.13.030.10: COLLOCATION: The use of a " al ,.olor'r, sevvice facility ^r cell Site by more than one personal wireless service ,,,.ovide.-. 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 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. 18.13.030.11: CONDITIONAL USE PERMIT OR CUP: A process and approval as described in this title and other appropriate sections of this code. Conditional uses are may be allowed within a zoning district provided that certain standards (or "conditions") are met that will enhance the compatibility of the proposed use with other surrounding uses. 18.13.030.12: DESIGN: The appearance of personal wireless service facilities, including such features as their materials, colors, and shape. 18.13.030.13: &A ECIA: Tho P_lP_ctr^"ic-c indurtry asseeiationElectronic Components Industry Association. 18.13.030.14: 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. 18.13.030.15: ELIGIBLE FACILITIES MODIFICATION REQUEST: Any;zg;je5j-faf completed application requesting the modification of an existing structure, specifically a tower or base station that, within the meaning of section 6409(x) of the Spectrum Act (47 USC section 1455(a)l, 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. If a subsequent application if filed to modify an existing tower or base station, the original dimensions of the support structure shall be used to determine if the proposal would constitute a substantial change and whether the application was eligible for consideration per 47 CFR 1.61000. # ELIGIBLE E SUPP li?T STRUCTURE: Ann �-o form nff towel! nr base station that lawfuliy exi to -,t �.n r��� ccr� �rr�c�z-cc thp time appth., l;��t;.,,, ;r, filpdtiled with 18.13.030.16: 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. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 4 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 18.13.030.17: EXISTING STRUCTURE: F±Tdaus4y A previously erected ether structure that lawfully exists at the time the application is filed with the City, 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. 18.13.030.18: FAA: The federal aviation administration or successor agency. 18.13.030.19: FCC: The federal communications commission or successor agency. 18.13.030.20: GOVERNING AUTHORITY: The mayor and city council of the city of Chubbuck. MOBILE TRANSMISSION FACILITY: Movable, nonstationaFy tr-ansmis_riA_P fA_C_-J1Jt_:JP__q peFsonal wiFeless service facilities including any antenna, suppoFt stFuctuFe, accessory str-uctuFesj 18.13.030.21: MONOPOLE: A single, freestanding pole -type structure supporting one or more antennas and includes, but is not limited to, a utility pole or light pole. 18.13.030.22: 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. 18.13.030.23: 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. 18.13.030.24: 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. 18.13.030.25: 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. 18.13.030.26: 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. 18.13.030.27: RIGHT-OF-WAY: Any land dedicated and open to the public and under the jurisdiction of the City (or State of Idaho or other jurisdiction) for use as a road, street, or other thoroughfare. For the purposes of this Chapter, right-of-way includes public easements for streets and other thoroughfares, and for existing streets and other thoroughfares maintained by the City where no public ownership or easement has been established. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 5 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 18.13.030.28: 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. 18.13.030.29: SECONDARY USE: A use subordinate to the principal use of the property, such as commercial, residential, utilities, etc. 18.13.030.30: SECURITY BARRIER: A wall, fence, or berm that has the purpose of securing a personal wireless service facility from unauthorized entry or trespass. 18.13.030.31: SMALL CELL 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 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 cell wireless facilities. 18.13.030.32: 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. 18.13.030.33: SPECTRUM ACT: Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act, 47 USC section 1455(a) (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."). 18.13.030.34: 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 o'er existing support structure as defined herein: 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 Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 6 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 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. 5. 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 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. C. Type 3: For any n-ew tower (not in the public right-of-way): 1. The height of the tower is increased by: a) more than ten percent (10%), or b) 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 appurtenance 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. 18.13.030.35: SUPPORT STRUCTURE: A structure designed or modified to support small cell wireless facilities including, but not limited to, monopoles, vertical facilities, utility poles,y own -ed street lights, traffic signal poles, billboards, and other freestanding self-supporting structures under 50' in height. 18.13.030.36: 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. 18.13.030.37: UNLICENSED WIRELESS SERVICES: Commercial mobile services that operate on public frequencies and are not required to have an FCC license to operate. (Ord. 535 §2, 2000) 18.13.030.38: 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 6 1/2 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. reLyardless of zoning cateLyorv. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 7 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 18.13.040: COMPLIANCE WITH CHAPTER; NONCONFORMING USES: A. New Uses: All new antennas and antenna support structures shall comply with the requirements of this chapter after the effective date hereof by which this chapter was adopted. B. Existing Uses: Towers and antennas existing before the effective date hereof by which this chapter was adopted which do not meet the requirements of this chapter shall be allowed to continue as they presently exist, but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers and antennas. However, new construction other than routine maintenance on existing towers, antennas, buildings or other facilities shall comply with the requirements of this chapter. (Ord. 535 §2, 2000) 18.13.050: EXEMPTIONS: The following are exempt from the provisions of this chapter and shall be permitted in all zones, unless otherwise specifically provided: A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC. B. Antennas and related equipment no more than three feet (3') in height that are being stored, shipped, or displayed for sale. C. Radar systems for military and civilian communication and navigation. D. Wireless radio utilized for temporary emergency communications in the event of a disaster. E. Licensed amateur (ham) radio stations. F. Satellite earth stations, dishes and/or antennas used for private television reception not exceeding 3 1/i feet dish anteppas loss thap Six and ene-half feet (ti, - in diameter, including direct to home satellite services, when used as a secondary use of the property. G. Routine maintenance or repair of a PeFSE) al w role_ss Serviee fae;'"M CF 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. K. s Small cell, DAS, and publicly available Wi-Fi antennas located in public parks or spaces when deemed desirable by the City Council to primarily serve the public and to attract the public and an increasingly mobile workforce to these spaces and to Chubbuck, generally. Such facilities, particularly in public parks, are not exempt if they are capable of or designed to transmit or receive signals beyond park boundaries. s Antennas under this exemption do not require conditional use permits irrespective of zoning district and shall be approved by the Design Review Committee prior to installation and the committee shall ensure that the facilities are as minimal Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 8 Exhibit 2: Draft Chapter 18.13 (complete text onlyl and unobtrusive as possible to meet the purpose. Installations may be publicly owned or privately owned and under a private -public partnership agreement. L A m-A-b-ile tr-an-spAiSsion facility A-V Aa:her- t_:P_MPor-ar-y personal wireless telecommunications facility shall be peFmittead_ f -A -F _a M-aximum of ninety (90) clays or- during an emeirgency declar-e4-by the city. (Ord. 535 §2, 2000) 18.13.060: RECOGNITION OF INDUSTRY SITE SELECTION CRITERIA: In establishing a new site, the industry requires a location that is technically compatible with the established network. A general area is to be identified based upon engineering constraints and the desired area of service. Specific locations within that general area will be evaluated using the following criteria which are not listed in order of priority: A. Topography as it relates to line of sight transmissions for optimum efficiency in telephone service. B. Availability of road access. C. Availability of electric power. D. Availability of land based telephone lines or microwave link capability. E. Leasable lands, and landlords who want facilities to be located on their properties consistent with zoning regulations. F. Screening potential of existing vegetation, structures and topographic features. G. Zoning that will allow low power mobile radio service facilities. H. Compatibility with adjacent land uses. I. The least number of sites to cover the desired area. J. The greatest amount of coverage, consistent with physical requirements. K. Opportunities to mitigate possible visual impact. L. Availability of suitable existing structures for antenna mounting. (Ord. 535 §2, 2000) 18.13.070: SITE SELECTION CRITERIA: A. Any applicant proposing to construct an antenna support structure, or mount an antenna on an existing structure, shall demonstrate by engineering evidence satisfactory to the city that the antenna location will satisfy its function in the applicant's local network system. Further, the applicant must demonstrate by satisfactory engineering evidence that the height requested is the minimum height necessary to fulfill the site's function within the local network system. Notwithstanding this provision, applicant may also propose a height greater than the minimum necessary in order to plan for and accommodate collocation of other facilities on the same structure. B. Applications for necessary permits will only be processed when the applicant demonstrates either that it is an FCC licensed telecommunications provider or that it has agreements with an FCC licensed telecommunications provider for use or lease of the support structure. C. Low power mobile radio service facilities shall be located and designed to minimize any significant adverse impact on residential property values. Facilities shall be placed in locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. D. In all zones, location and design of facilities shall consider the impact (including visual) of the facility on the surrounding neighborhood. In all zones, towers shall be significantly screened to the extent that it does not result in significant signal degradation. If there are no trees to provide Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 9 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 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 anew antenna support structure in a residential zone shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government facility, a private institutional structure, or other appropriate existing structures within a nonresidential zone, and that due to valid considerations including physical constraints, and economic or technological feasibility, no appropriate location is available. 2. The information submitted by the applicant shall include: a) a map of the area to be served by the tower or antenna, b) its relationship to other cell sites in the applicant's network and a network master plan, and c) an evaluation of existing buildings taller than thirty feet (30'), within one-fourth (1/4) mile of the proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals. (Ord. 535 §2, 2000) 18.13.090: USE PRIORITY ON PUBLIC PROPERTY AND SITING REQUIREMENTS: A. Use Priority: Where public property is sought to be utilized by an applicant, priority for the use of city owned land for wireless antennas and towers will be given to the following entities in descending order: 1. City of Chubbuck; 2. Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the city of Chubbuck and private entities with a public safety agreement with the city of Chubbuck; Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 10 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 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. 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: Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 11 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 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; 12. A letter signed by the applicant stating the tower will comply with all FAA regulations and &A-ECIA 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) Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 12 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 18.13.100: MODIFICATION AND COLLOCATION OF ANTENNAS, DAS, AND SMALL CELLS: satisfied,A. To minimize -ad-ver-se vi-sul-A impacts asse-ei-ated- lvith the pFoli-fi-ar-ati A- -p- A- -f tewer-s, cello e-ati A_ p A_ f _p _ce facilities on existing or- new toweisis emouipagedas follows: 11-A-c-atimn is pemitted outFight and new oir additional conditional use permit approval is no required, except that any other- permit-, license, lease, oir franchise irequir-ements must be nes if the applicant locates the antenna on an existing stFuctuFe or an existing towen The 3. The city may deny an application to constiruct new facilities if the applicant has not shown A. To the extent possible not otherwise covered by subsection 15.42.040A of this chanter "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 type 2 review and application. The limitation to constitute a "substantial change" to an existing tower or base station applies to cumulative increases and any previously approved 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. E. Applicable building, mechanical, and electrical permits are required 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. 4. To Fe d-1-1 ce th e P-1-1 -m-h- er A- -f -;, P-tenna supp oFt stFuetuFes p ee de n the city in the futuFe, new p4!oposed support str-uetuFes shall be designed to accommodate antennas foF more than one user-, uplessrs, the applicant demenstFates why sueh design is not feasible technic -al eF physical reasons. Draft Chubbuck City Code 18.13 -for 5/11/21 LUDC Public Hearing Page 13 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 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 (11 /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 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 (150'1 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 Chante: A modification substantiallv chanLes the Dhvsical dimensions of a tower or base station if it meets any of the followin Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 14 ON 1-11,11M, IN 1,11 1111OLI 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 (11 /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 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 (150'1 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 Chante: A modification substantiallv chanLes the Dhvsical dimensions of a tower or base station if it meets any of the followin Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 14 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 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, f�(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 (101), 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);. S. 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. 4M. 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. ISI. While collocation and the requirements herein are encouraged, collocation shall not take precedence over the construction of shorter towers with appropriate screening. (Ord. 535 §2, 2000) 18.13.110: DESIGN CRITERIA: A. As provided above, new facilities shall be designed to accommodate collocation, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons. B. Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site. 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 Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 15 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 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. 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. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 16 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 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 FCC standards for towers, and other standards that are published by the-ECIA Electrons ("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 ECIA 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 E4A-ECIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested. The antenna and its support structure shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guywires. 10. Antenna Support Structure Safety: The applicant shall demonstrate that the proposed antenna and support structure is safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturers. 11. Tower And Antenna Height: The applicant shall demonstrate that the tower and antenna is the minimum height required to function satisfactorily; provided additional height beyond the minimum may be allowed if necessary to accommodate collocation. No tower or antenna that is taller than this minimum height shall be approved unless necessary to accommodate collocation. No tower or mount shall exceed one hundred feet (100') in any park, industrial zone or commercial zone. Towers in residential areas are not allowed unless integrated with another structure. A variance from the height limit may be granted if the applicant can show by clear and convincing evidence that the additional height is necessary to provide adequate service to the residents of the city and no other alternative is available. 12. Required Parking: If the cell site is fully automated, adequate paved parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off street parking shall be made and documentation thereof provided to the city. 13. Tower Separation: In no case shall towers be located closer than five hundred feet (500') from another tower whether it is owned or utilized by applicant or another provider, unless the city designates areas where multiple towers can be located in closer proximity. 14. Antenna Criteria: Antennas on or above a structure shall be subject to the following: a. The antenna shall be as architecturally compatible as reasonably possible, with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact. b. The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless it must be for technical reasons. In no event shall an antenna project more than sixteen feet (16') above the roofline including parapets. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 17 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 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. 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. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 18 Exhibit 2: Draft Chapter 18.13 (complete text only 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 modifications 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 (DAS) and small cell facilities. 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 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 type 1 or 2 WCF permit as outlined in this Title shall be considered a Type 3 request. Type 3 requests include roof mounted antenna 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. Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 19 Exhibit 2: Draft Chapter 18.13 (complete text onlyl The following table specifies the permits required for the various types of personal wireless service facilities that meet the standards of this chapter: 18.13.130: TYPE OF PERMITrc� BY -LAND USE DISTRICT Type of l~'- ei4ty Building Qj_g D nr _c Towers >60 fent nr towers n antenna , Y -e -s Yes r;,le„t; ,lr;f I zones, ark o e,l r sirleptiel „„,l;e ,',lel ,,,1 commercial zones but not industrial !'tr„rt„re mn„r,tell wirelessfnr;litier Yes _ (if applicable) Building mounted wireless taeiliti Yes _ rif applicable) TRo.l;fir_+;o,, of e.,;r+;ng faeil;t;es to Yes Yes od;ite rollor;+;o,-, ;Ind e+her rif applicable) (if applicable) Towers >60 feet ; industrial zones Yes NG (if applicable) Yes (if plieablel Yes rif n,- plieablel Yes (if applicable) AI J P = Permitted >? - nertriete,l X = Not Permitted C = Conditionally Permitted F = Permitted under Franchise Agreement with City Council DR = Design Review BP = Building Permit Zoning WCF Type' Agriculture Residential, Limited General Industrial PUD, CC Comm. Comm. Minor Changes - Eligible Facilities Modifications' P BP P BP P BP P BP P BP Substantial Changes' C DRB P C DRB P C DRB P P DRB P P DRB P DAS / Small Cell Facilities, Building Installation' P DRB P PC DR, BP P DR. BP P DR. BP P BP DAS / Small Cell Facilities, Support Structure Installation' P3 DR. BP P_C3 DR. BP P3 DR. BP P3 DR. BP P BP Roof Mounted WCF <10' P2 DRB P PC 2 DRB P P DRB P P BP P BP Roof Mounted WCF >10' X - X - C DRB P P DRB P P BP sum3art Str„r+„re $3 $3 P3 P3 R Draft Chubbuck City Code 18.13 -for 5/11/21 LUDC Public Hearing Page 20 Exhibit 2: Draft Chapter 18.13 (complete text onlyl New ToNye (ir Df1AA71 X X X X X New Tower <60' or Base Station C4 DR, BP C4 DR, BP C4 DR, BP C DR, BP P5 DR, BP rRE)t iR DllW New Tower >60' X - X - X - X - P5 DRB P Any WCF in ROW6 F DRB P F DR, BP F DR, BP F DR, BP F BP 1. See 18.13.030 Definitions for clarification. 2. Stealth design is required. 3. Height not to exceed 640150' from grade to ton of antenna ter. See 18.13.030 Definitions for additional information. 4. Stealth design is required: city property only with hearing before the City Council. 5. If the tower location is in a city park, a conditional use permit is required. 6. Any WCF located in the Right -of -Way must meet all other requirements for the type of facility. To meet the standards of this chapter, a peFsonal wireleSs Service f e4ity WCF must also comply with the other requirements under this chapter and with the following: For antennas attached to the roof or sides of a building at least thirty feet (30') in height, an existing tower, a water tank, or a similar structure: A. Type: The antenna must be either: 1. An omnidirectional or whip antenna no more than seven inches (7") in diameter and extending no more than sixteen feet (16') above the structure to which it is attached; or 2. A panel antenna no more than two feet (2') wide and six feet (6') long, extending above the structure to which it is attached by no more than ten feet (10'). B. Height: Antennas Mounted AM existing stFuctuFes in any Fesidential zone, paFk, or- mixed— r- e s pe P t i a I a B.. d Cc A -M. ... M.. zone, not exceeding sixteen feet (16') in height, may be peFmitted— City Fegu ations. (delete to correlate with 10' limits in chart) Q.B. 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. DC. 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. ELD. 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 -.E. 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) Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 21 Exhibit 2: Draft Chapter 18.13 (complete text onlyl Zoning WCF AgFieultuFe >? s J dde p t i ai Gi M j t_: ed Commercial Ge n eFal Commerrinl lndustFial Eligible Facilities R R g g R Substantial changes 6 C C g $ DAC / Sm -,ll Cells g R g g g _Reef M -A -i nte.l <10' R-1 $� R R R Reef Me,,pte.l >10' # # C g R Util Support StFuetur-e $2- $2- $2 $2 R New Tower (i r, T?(l� New Tower (not in D(1W C'3 C-3 C-3 C.. g 18.13.140: 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 type 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 type 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. Anv deemed type 1 WCF application shall be subiect to followine conditions: Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 22 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 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 o Chubbuck. 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. 18.13.440150: lNSPECTI0 r MAINTENANCE REQUIREMENTS: 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. 1. 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 (301 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. 2. 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. After a facility becomes operational, the facility operator shall conduct a -safety and maintenance inspections mon in accordance withthe EIrECIA and FCC standards and regulations. At the request of the City, the facility operator shall, within sixty (60) days of the Draft Chubbuck City Code 18.13 —for 5/11/21 LUDC Public Hearing Page 23 Exhibit 2: Draft Chapter 18.13 (complete text onlyl request, provide copies of the=inspeetion f�TepeFtwwith the eity. Sa s.MAM of _a copy C required, a duly filed, safety inspection report, or the facility operator's maintenance reports for the prior twelve (12) months. in t#e eUextRO FCC -rept-iSrequired-for such year, shall satin. the r pt_s of this section. (Or -d. 759 201f4 18.13.160: 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. 18.13.40170: LANDSCAPING; SCREENING: A. Landscaping: Landscaping, as described herein, shall be required to screen personal wireless service facilities as much as possible, to soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required. B. Screening: The visual impacts of a personal wireless service facility shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering shall be required around the perimeter of the tower and accessory structures, except that the city may waive the standards for those sides of the facility that are not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements. 1. A row of evergreen trees a minimum of six feet (6) tall at planting a maximum of six feet (6') apart shall be planted around the perimeter of the fence; and 2. A continuous hedge at least thirty six inches (36") high at planting capable of growing to at least forty eight inches (48") in height within eighteen (18) months shall be planted in front of the tree line referenced above. 3. In the event that landscaping is not maintained at the level required herein or as required in any design review or conditional use permit, or decision of a reviewing body, the city after giving thirty (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) 18.13.0180: ABATEMENT, NONUSE;, AND ABANDONMENT: upon the city's .aiseoyeFy of .aisee tinuation o eie�r 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 Draft Chubbuck City Code 18.13 -for 5/11/21 LUDC Public Hearing Page 24 Exhibit 2: Draft Chapter 18.13 (complete text onlyl determined by the planning and development services department, after written request b, 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: A -.C. Reactivation: Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or &.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. removed within the sixty (60) day time peFiod or additional peFiod of time allowed by the city, the city may Ferneve such- teweF, antenna, foundation, and Felated facility at the j3r-evideF's exigen E. If a carrier fails to remove a WCF in accordance with this section. the citv may cause the facilitv 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.-9190: 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 Draft Chubbuck City Code 18.13 –for 5/11/21 LUDC Public Hearing Page 25 Exhibit 2: Draft Chapter 18.13 (complete text onlyl 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) 18.13.9200: 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 —for 5/11/21 LUDC Public Hearing Page 26 NOTICE OF PUBLIC HEARING CITY OF CHUBBUCK, IDAHO NOTICE 15 HEREBY GIVEN that the Land Use & Development Commission of the City of Chubbuck, Idaho, will conduct a Public Hearing at 6:00 pm on May 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 annexation of approximately .22 acres of land into the City of Chubbuck and to include the property in the Limited Residential (R-2) Zone. The Comprehensive Plan Future Land Use map designates this area as Mixed Use and as Medium Density Residential. Property is in the Southwest % of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Idaho. The affected parcels, R3853005607 and RCCPC045100, are generally located at on the east side of Philbin Road between Siphon Road and Chubbuck Road. Type of Action: Recommendation. 2. An application for a Change in Land Use District from Limited Residential (R-2) to Limited Commercial (C-1) on approximately 1.09 acres of land. Subject property is in the NW % of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 345 W. Siphon Road, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. Type of Action: Recommendation. 3. A proposal by city staff to amend Chapter 18.13 Wireless Telecommunications Facilities to bring the chapter into compliance with recent Federal legislation and rulemaking regarding 5G implementation, setting forth a new title, purpose and policy statements, definitions, and exemptions; regulations on modification and collocation of antennas, distributed antenna systems, and small cells; regulations on collocation and sharing of towers, locations, and standards; clarifications of permits and reviews required in different zoning districts; new permit review time requirements; modified inspection and maintenance requirements; and revised requirements regarding facility abatement, nonuse, or abandonment. Type of Action: Recommendation. Join Zoom Meeting (no webcam is necessary to participate] https:Hus02web.zoom.us/i/99617113973?pwd—WkYxWk 1 aSnN1OX1vZENrcn13dTFBQT09 Meeting ID: 896 1711 3973 Fasscode: 322121 General information on joining a Zoom meeting can be found at https://support.zoom.us/hc/en- us/articles/201 362193-Joining-a-MeetLD-9. 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 May 5, 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 CHUBBUCK I a H H a Community Services Department Planning Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.QtyofChubbuck.us May 11, 2021 NOTICE IS HEREBY GIVEN that the Land Use & Development Commission of the City of Chubbuck, Idaho, will conduct a public hearing and deliberation at 6:00 PM on May 11, 2021. 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 meeting will occur via web -conference and telephone. 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 annexation of approximately .22 acres of land into the City of Chubbuck and to include the property in the Limited Residential (R-2) Zone. The Comprehensive Plan Future Land Use map designates this area as Mixed Use and as Medium Density Residential. Location: The subject property is in the Southwest '/ of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Idaho. The affected parcels, 83853005607 and RCCPC045700, are generally located at on the east side of Philbin Road between Siphon Road and Chubbuck Road. (See map below.) Type of Action: Recommendation to City Council. The proposed annexation is classified as a Category A annexation by Idaho Statute §50-222: 1. Landowner has consented to (applied for) the proposed annexation. 2. Property is bounded on all sides by lands within the City of Chubbuck. The Commission will review the proposal per criteria in Idaho Statute §67-6511: 1. Whether the land use district 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, 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 below). Any and all persons may register comments, protests, or agreements on the hearing subjects being considered. Written testimony must be received by the Planning Department at least 7 days prior to the hearing (May 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 the City office by May 5, 2021 and will include written testimony received prior to the deadline. Oral testimony concerning these proposals may be offered during the public hearing. Commission may limit oral testimony. See other side for: • Contact information • An illustration of the project • How to participate in the meeting Continued on other side How to participate in the public meeting: Web -conference (no webcam is necessary to participate) 1-ittps://usO2web.zoom.us/j/89617113973?pwd=WkYxWkl aSnNIOXIvZENrcnl3dTFBT09 Meeting ID: 896 1711 3973 Password: 322121 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 may dial any number) +1 669 900 6833 US +1 312 626 6799 US +1 253 215 878.2 US +1 929 205 6099 US +1 346 248 7799 US +1 301 715 8592 US Meeting ID: 896 1711 3973 Password: 322121 (Excerpted from staff report 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 Manager dmatson@cityofchubbuck.us PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us io�Ho CHUBBUCK Community Services Department Planning Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us May 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 6:00 PM on May 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 meeting will occur via web - conference and telephone. 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 Land Use District from Limited Residential (R-2) to Limited Commercial (C-7) on approximately 7.09 acres of land. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. Location: The subject property is in the NW '/ of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 345 W. Siphon Road, Chubbuck, ID. Type of Action: Recommendation. 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 (May 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 May 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/j/89617113973?pwd=WkYxWkl aSnN10X1vZENrcn13dTFBQT09 Meeting ID: 896 1711 3973 Passcode: 322121 General information on joining a Zoom meeting can be found at https://support,zoom.us/hc/en- us/articles/201 362193 -Joining -a-Meefing . Dial by your location (telephone — you may dial any number) +1 669 900 6833 US +1 312 626 6799 US +1 253 215 8782 US +1 929 205 6099 US +1 346 248 7799 US +1 301 715 8592 US Meeting ID: 896 17113973 Passeode: 322121 (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 d matson_@cityofchubbuck.us 208.239.3252 L CHUBBUCK91111 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237,2430 —Fax 208.237.2409 www.CityofCh u bbu c k, us Joey Bowers Subject: FW: Comment- Property Southwest 1/4 of Section 4, Township 6 South, Range 34 East of the Boise Meridian From: Susan Hanson < Sent: Tuesday, May 4, 2021, 8:22 PM To: Don Matson Cc: jim hanson; Mark Hanson Subject: Comment- Property Southwest 114 of Section 4, Township 6 South, Range 34 East of the Boise Meridian Affected parcels, R3853005607 and RCCPC045100 east side of Philbin Rd between Siphon Road and Chubbuck Rod. We are writing in regards to said property and annexation. It appears from map provided there is a road that will dead end south of an existing structure- a barn and/ or an arena. We request this not be a "dead end" but rather a round about with a visual block, a solid fence. Petersburg Rd. in Chubbuck dead ends at our field and makes no sense. Again, put a round about for turnaround and a fence that provides a visual block to the adjoining property. Susan Hanson CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Joey Bowers From: Don Matson Sent: Thursday, May 6, 2021 1:29 PM To: Joey Bowers Subject: FW: Comment- Property Southwest 1/4 of Section 4, Township 6 South, Range 34 East of the Boise Meridian Here's the complete email chain Don Matson MSPIAICP Planning Services Manager, City of Chubbuck PO Box 5604, Chubbuck, ID 83202 Phone# 208-239-3252 Or 208-237-2430 ext. 152 From: Susan Hanson [mailto: Sent: Wednesday, May 5, 20217:53 AM To: Sean Harris <sharris@cityofchubbuck.us> Cc: Don Matson <dmatson@cityofchubbuck.us>; < Subject: Re: Comment- Property Southwest 1/4 of Section 4, Township 6 South, Range 34 East of the Boise Meridian Thanks for the clarification. Good to know no dead end road. On May 5, 2021, at 7:50 AM, Sean Harris <sharris cit ofchubbuck.us> wrote: Susan, You are correct, it is just a strip of land that will be added to the back yards of the new lots facing Angela Street. Thanks, <image001.j pg> Sean Harris Development Services Manager sha rrisCcDcitvofchubbuck.us 5160 Yellowstone Avenue PO Box 5604 Chubbuck, Idaho 83202 Office: 208-237-2430 ext 108 From: Susan Hanson mailto:_s_usanthanson9@icloud.com] Sent: Wednesday, May 5,20217:43 AM To: Don Matson <dmatson@cityofchubbucl<.us> Cc: jim hanson <jhanson11460@yahoo.com>; Mark Hanson <hansmar3@isu.edu>; Sean Harris <sharris@cityofchubbuckus> Subject: Re: Comment- Property Southwest 1/4 of Section 4, Township 6 South, Range 34 East of the Boise Meridian So the strip of land is just that, not a road? I was concerned there was going to be another road dead ending by the arena/ barn. Similar to what we have on the east side of our field- on Petersburg. Susan Hanson On May 5, 2021, at 7:25 AM, Don Matson <dmatson(ibcityofchubbuck.Ls> wrote: Susan: Thanks for your comment. This proposal is related to another annexation that was approved last year for the Bilycu Estates subdivision. That annexation was a fairly narrow strip of land along the Angela Street alignment, and the pasture area east of the horse banl to the north. When the engineer / surveyor Was preparing the subdivision, it was discovered that the annexation did not include enough land for the new lots. This second annexation is about 12 feet wide and is intended to just allow a little more land for those lots. It is not wide enough to create a new street or driveway. If you would like to see the subdivision layout for Bilyeu Estates, division 7, contact Sean Harris, our development services manager. Thanks, Don Don Matson, AICP Planning Services Manager City of Chubbuck From: Susan Hanson < Sent: Tuesday, May 4, 20218:22:18 PM To: Don Matson <dmatson cit ofchubbucl<.us> Cc: jim hanson < ; Mark Hanson < Subject: Comment- Property Southwest 1/4 of Section 4, Township 6 South, Range 34 East of the Boise Meridian Affected parcels, R3853005607 and RCCPC045100 east side of Philbin Rd between Siphon Road and Chubbuck Rod. We are writing in regards to said property and annexation. It appears from map provided there is a road that will dead end south of an existing structure- a bam and/ or an arena. We request this not be a "dead end" but rather a round about with a visual block, a solid fence. Petersburg Rd. in Chubbuck dead ends at our field and makes no sense. Again, put a round about for turnaround and a fence that provides a visual block to the adjoining property.