HomeMy WebLinkAbout05 11 20211a0'f'\\_
CHUBBUCK
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
MINUTES
Board Members Present: Chair Jason Mendenhall, Mike Schwartz, Vice -Chair Dan Stoddard,
Rebecca Berls, Brady Smith, Brandon Jackson, Thais Ayre, Carrie Holm, and TJ Budge. Staff
Members Present: City Attorney Tom Holmes, Planning Manager Don Matson, Development
Services Manager Sean Harris, Planning and Development Director Devin Hillam and City Clerk
Joey Bowers.
Mendenhall called the meeting to order at 6:OOpm
Mendenhall asked if any commissioners had a conflict of interest with the items before the
board. Smith recused himself from public hearing 41.
APPROVAL OF THE MINUTES: April 13, 2021.
Mendenhall entertained a motion to approve the minutes as emailed. Schwartz moved to accept
the meeting minutes of April 13, 2021 as emailed; Jackson seconded. The fall authority
approved.
PUBLIC HEARING
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 1/ 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.
Brady Smith, RMES, representing the applicant. Mr. Smith presented .22 acres of
land to be annexed into the City, to correct a 12ft error with a previously approved
annexation application
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.
Berls motioned to recommend approval of the annexation application to the City Council as
presented Budge seconded.
With all cominission members understanding the motion they voted.
Roll Call Vote: Rebecca Berls, Yes; Mike Schwartz, Yes; Carrie Hohn, Yes; Thais Ayre, Yes;
Jason Mendenhall, Yes; Brady Smith, Yes; Dan Stoddard, Yes; TJ Budge, Yes; Brandon
Jackson, Yes; Motion carried.
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 /4 of
Section 3, Township 6 South, and 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.
Applicant Jose Cervantes presented for a Change in Land Use District from Limited
Residential (R-2) to Limited Commercial (C-1) on approximately 1.09 acres of land. Mr.
Cervantes stated that he would like to use the vacant building formerly known as Hatch's
House of Dolls as a rental space for appropriate businesses.
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. Mr. Matson also stated that even with this zone change most
businesses that would be interested in renting out this space would have to come before
the Board for a conditional use permit (CUP).
Mendenhall opened the Public Hearing for public comment.
Arianne Despain at 5590 Stuart Avenue, was neutral. Mrs. Despain asked if this zone
change would have any impact on the property taxes for the neighboring properties.
Matson stated that this zone change should not have an impact on property taxes.
There being no more comment, Mendenhall closed the public hearing, bringing the meeting back
to the Commission.
Holm asked how the City would make sure that a business doesn't just start doing
business out of this building without getting approval or applying for a conditional use
permit if needed.
City Clerk Joey Bowers stated that the City verifies zoning and will direct a business
towards a CUP if needed before issuing a business license to do business in the City.
Schwartz motioned to recommend approval of the zone change application to the City Council as
presented. Ayre seconded.
With all commission members understanding the motion they voted.
Roll Cali Vote: Mike Schwartz, Yes; Carrie Holm, Yes; Thais Ayre, Yes; Jason Mendenhall,
Yes; Brady Smith, Yes; Dan Stoddard, Yes; TJ Budge, Yes; Brandon Jackson, Yes; Rebecca
Berls, Yes; Motion carried.
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.
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).
Mendenhall asked when the City would ask for inspections reports from the owners of
these facilities and if a resident from the community could ask for the City to request a
copy of those reports. Matson stated that if the City had a concern of the condition of the
facility it could make a request for those reports and a resident could also be a reason for
the City to request a copy of those reports.
Berls read the definition of a right of way located in section 18.13.030.27 and was
concerned that a wireless company could locate a cell tower on top of a utility pole
located within any right of way or utility easement in a residential neighborhood as long
as they have a franchise agreement with the City without having to notify the public or
get input for the neighbors. Berls asked if they could require the applicant to also apply
for a conditional use permit. Matson stated that the main issue with requiring a
conditional use permit is due to federal law the City only has a 60 day window to review
the application and make a decision or it is automatically approved. The City would not
have enough time to go through all the required notifications and processes for a
condition use permit within the allowed 60 days. The second concern was that the City
Council could override any decision the Land Use Board makes towards a conditional
use permit with the approval of a franchise agreement.
Mendenhall opened the Public Hearing. There being no comment, Mendenhall closed the public
hearing, bringing the meeting back to the Commission.
The commission was concerned that the public would not be receiving any
notifications or given a chance to express their concerns to the Land Use Board or to the
City Council.
Mendenhall asked if a franchise agreement required a public hearing. Attorney
Holmes stated that a franchise agreement does not require a public hearing and goes
before the City Council as a general business item for discussion.
Mendenhall asked if the public was given an opportunity to speak on a general
business item. Bowers stated that the Council could call on a member of the audience to
speak on an item of business if they desire but it is not required. The public would not
have an opportunity to speak unless asked by the City Council to do so.
Mendenhall felt like the public should be given an opportunity to express concerns
and ask questions.
Hillam asked if the City could require the applicant to provide proof of notification
that would give the public an opportunity to petition for a public hearing. Matson
recominended for the City to handle notifications at the expense of the applicant, so that
the City can verify that all legal requirements had been met.
Budge asked if a wireless company could enter into a franchise agreement with the
City or another utility company and place a new pole within the right of way without
notifying the public. Matson stated that a franchise agreement could only be entered into
for the use with an existing structure such as a power pole and not for the installation of a
new structure.
Berls stated that nowhere within this section of City Code does it specify existing
structures only, and asked for that to be added for clarification.
Stoddard asked if an application would need to be site specific or a general
application. Matson stated that the City can require an application to be site specific.
Budge asked what the public can do when they receive a written notice but no public
hearing will be available for them to express their concerns and ask questions. Bowers
stated that all notices that the City sends out notifies the public that they can submit
written correspondence to the City Council or Land Use Board up to 7 days before a
meeting, and any written correspondence will be included in the meeting packets. The
Public can also always reach out to the Mayor and Council through email.
Budge motioned to recommend to amend Chapter 18.13 Wireless Telecommunications Facilities
to the City Council as presented, conditional upon 18. 13.130 foot note b include any WCF
located within a right of way must be attached to an existing structure and also meet all other
requirements for that type of facility. Berls 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; TJ Budge, Yes; Brandon Jackson, Yes; Rebecca Berls, Yes; Mike Schwartz,
Yes; Motion carried.
GENERAL BUSINESS
Election of Officers -The Commission will appoint a Chair and Vice -Chair for the next
calendar year.
Mendenhall asked for nominations for Chair. Schwartz nominated Mendenhall, Berls seconded,
no other nominations or volunteers; Schwartz motioned to accept the nomination for Jason
Mendenhall as Chair for the coming year, with all commission members understanding the
motion the full authority approved.
Mendenhall thanked Dan Stoddard for his dedication and service to the community.
Mendenhall asked for nominations for Vice Chair. Berls nominated Schwartz, Stoddard
seconded, Schwartz nominated Smith, Jackson seconded, no other nominations or volunteers;
after further discussion and a recommendation from legal counsel; Berls motioned to accept the
nomination for Mike Schwartz as Vice Chair for the coming year, with all commission members
understanding the motion the full authority approved.
Mendenhall entertained a motion to adjourn; Schwartz made the motion. Smith seconded. All
voted to adjourn at 7:12pm.
&,�_ J' )I C- -142 J�j
ason Mendenhall, Chairperson
J veers, 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: 896 1711 3973