HomeMy WebLinkAbout03 14 2019City of Chubbuck
Land Use and Development Commission
Agenda
March 14, 2019
7:00 PM
City Hall Council Chambers, 5160 Yellowstone Avenue, Chubbuck, ID 83202
Because of the School Bond Election on March 12th this meeting is scheduled on the 14th
CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES for February 12, 2019 (action item)
PUBLIC HEARING
1. An application for change in land use zoning district for approximately 1.46 acres from R-2 Limited Residential
to C-2 General Commercial. The Comprehensive Plan Future Land Use map designates this property as
Employment. Location is in the NE ¼ of Section 10, Township 6 South, Range 34 East of the Boise Meridian,
Idaho, generally located at 4526 and 4528 Burley Drive, Chubbuck, ID. Type of Action: Recommendation to
City Council. (Action Item)
2. An application for Conditional Use Permit for a 100 ft. by 60 ft. storage building in a C-2 General Commercial
Zone. Location is in the NE ¼ of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho,
generally located at 4526 and 4528 Burley Drive, Chubbuck, ID. The proposal is for a Conditional Use Permit
for a Storage Building subject to the property being requested to be zoned C-2 General Commercial from R-
2 Limited Residential. Type of Action: Decision (Action Item)
3. An application for annexation in the City of Chubbuck with consists of approximately 45 acres with requested
Agricultural (A) and General Commercial (C-2) zoning designations. The subject property is located within the
southeast ¼ of section 34, Township 5 South, Range 34 East, of the Boise Meridian, Idaho. Subject property
includes the following Bannock County tax parcels: R3803055503, R3803055500, and R3803055504. The
general location is north and west of the intersection of Siphon Road and Whitaker Road, extending west to
and including the Union Pacific Railroad Right-of-Way, and north approximately 1,743 feet. Type of Action:
Recommendation to City Council. (Action Item)
GENERAL BUSINESS
1. An application for a preliminary plat for Northside Crossing Division 1. Applicant proposes to subdivide 7.2
acres into 1 commercial lot. Property is generally located in the southeast ¼ of section 34, Township 5 South,
Range 34 East, of the Boise Meridian, Idaho. Subject property includes the following Bannock County tax
parcels: R3803055503, R3803055500, and R3803055504. The general location is north and west of the
intersection of Siphon Road and Whitaker Road, extending west approximately 700 feet, and north
approximately 452 feet. Current zoning designation is Industrial (Bannock County), and is under application
for annexation to the City of Chubbuck in the General Commercial (C-2) zoning district. Application will be
evaluated against criteria established for preliminary plats in section 17.12.100 of municipal code. Type of
action: Recommendation to City Council. (Action Item)
ADJOURN
City Hall and the City Council Chambers are accessible for persons with disabilities. Any person needing special accommodations
to participate in the meeting should contact the City offices at 208.237.2430 at least 24 hours prior to the meeting.
J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2019\002.12.19.docx 1
City of Chubbuck
Land Use and Development Commission Meeting Minutes
February 12, 2019 - 7:00 pm
Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City
Hall, 5160 Yellowstone, on February 12, 2019.
Chair Jason Mendenhall: Commission Members: Mike Schwartz, Dan Stoddard, Rebecca Berls,
Brady Smith, Thais Ayre, and Brandon Jackson.
Community Planning and Economic Development Director: Devin Hillam, Senior Planner: Don
Matson, City Planner: Paul Andrus, City Attorney: Tom Holmes, Office Administrator: Ranelle
Simmons
Chair Jason Mendenhall called the meeting to order at 7:00 pm asking Berls to lead the
commission in the Pledge of Allegiance.
Mendenhall asked if any commissioners had a conflict of interest within the items before the
board tonight. Ayre and Smith do with Public Hearing item #1.
APPROVAL OF THE MINUTES:
Mendenhall entertained a motion to approve the minutes as emailed. Schwartz moved the
minutes of January 8, 2019 meeting be approved as emailed; Stoddard seconded. The full
authority approved.
PUBLIC HEARING
1. An application for change in land use zone for 10 acres from Agricultural to R2 Limited
Residential. The Comprehensive Plan Future Land Use map designates this property as
Mixed Use. Location: NW ¼ of Section 9, township 6 South, Range 34 East, of the Boise
Meridian – North of I-86, South of Park Meadows Subdivision, East of Philbin Rd. and
West of Kasiska Subdivision. (Action Item: Recommendation to City Council)
Mitchell Greer Rocky Mountain Engineering and Surveying, 600 East Oak Street Pocatello, Idaho
was in attendance representing the applicant.
Project plan is to build single family homes on the approx. 10 acres. The Agricultural zone will
need to be R-2, Limited Residential, to build homes. Surrounding areas is zoned R-2. Asking this
board to approve the application. Galena Avenue will tie into Alpine Street. These will be owner
occupied properties, no rentals.
Paul Andrus City staff stated the area was annexed into the City for the charter school. The
application meets City requirements and is designated Mixed Use on the Comprehensive Plan’s
Future Land Use Map, which allows for R-1, R-2, R-3, R-4 and C-1 zoning.
Mendenhall opened the public hearing.
Mike Popovich 6215 Fruitwood Lane Pocatello Idaho represents the Baptist property on the
north side of the canal. Would allow another exit from the area. In favor of the application.
J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2019\002.12.19.docx 2
Preston George 880 Redman Street, Chubbuck Idaho. Opposed. Low income housing will lower
property value and increase traffic on Alpine Street.
Sean Shipley 890 Redman Street, Chubbuck Idaho. Opposed. Agrees with Preston George.
Concerned with school district boundary changes and safety for children.
Shane Foster 826 Alpine Street, Chubbuck Idaho. Opposed. Agree with Preston George and
Sean Shipley.
Troy Lenhart 856 Redman Street Chubbuck Idaho. Opposed. Mendenhall explained this is a
zoning application so the number of lots planned is not part of this application.
Mitchell Greer addressed the comments. R-2 zoning surrounds the area of the application.
Alpine Street is designated a Collector Street that will have more traffic. Galena Street will also
be connected to Chubbuck Road giving the area another exit.
Mendenhall closed the public hearing bringing the meeting back to the commission.
This is just the rezoning application from Agricultural to R-2. Commission reviewed the criteria
for approval against the application.
Mendenhall entertained a motion. Jackson moved that after reviewing the material supplied
by City staff to recommend approval the zone change from Agricultural to R-2. Stoddard
seconded with a clarification to recommend approval to City Council.
With all commission members understanding the motion they voted.
Roll Call Vote: Rebecca Berls, Yes; Brandon Jackson, Yes; Mike Schwartz, Yes; Dan
Stoddard, Yes; Jason Mendenhall, Yes.
GENERAL BUSINESS
1. Discussion of rescheduling regularly scheduled March meeting to accommo date school
district levy election (Action Item)
Meeting is changed to Thursday the 14th of March at 7 pm. Smith moved to reschedule the
regular March meeting to the 14th. Schwartz seconded. All voted in favor.
2. Discussion of upcoming Looking Glass Academy on walkability in the City of Chubbuck
on April 2nd and 3rd.
Hillam explained a consultant out of Boise will be here for the presentations. City Council and
Chubbuck Development Authority are also invited.
Hillam introduced Don Matson from the Treasure Valley area as Chubbuck’s new Senior
Planner.
Mendenhall entertained a motion to adjourn; Schwartz made the motion. Ayre seconded. All
voted to adjourn at 7:30 pm.
Jason Mendenhall, Chairperson ___________________________________
Ranelle Simmons, Office Administrator
Public Works Department
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
ICCU STORAGE BUILDING
APPLICATION FOR A ZONE CHANGE - STAFF REPORT
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
MEETING ON MARCH 14, 2019
STAFF FINDINGS SUMMARIZED
The Comprehensive Plan Future Land Use map designates this area for “Employment”
land uses, with permitted C-2 General Commercial or I-Industrial zoning districts.
After review Staff finds that it likely meets the requirements for a change in zoning.
FACTS
REQUEST: The applicant requests a Change in Zoning for approximately 1.46 acres from R-2 Limited
Residential to C-2 General Commercial.
Background
This parcel had a house and a duplex on site until recently, as well as the storage of several vehicles.
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.
OWNER:
Idaho Central Credit Union
4457 Burley Drive
Chubbuck, ID 83202
APPLICANT:
Idaho Central Credit Union
4457 Burley Drive
Chubbuck, ID 83202
PROFESSIONAL SERVICES:
Dioptra Geomatics
4880 Clover Dell Road
Chubbuck, ID 83202
LOCATION: The subject property is addressed as 4526 and 4528 Burley Drive on the east side of the
street south of Evans Lane. It is a flag lot behind the residences at 4520 and 4522 Burley Drive.
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: R-2 Limited Residential
PROJECT SIZE: ±1.46 acres
VIEWS: Generally visible from all directions
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: None (recently cleared)
CURRENT TRAFFIC: There are no current traffic
counts for this portion of Burley Drive, but the
BTPO traffic demand model estimated 94
average trips in 2018.
SURROUNDING LAND USES AND ZONING
NORTH: Pocatello Storage self-service storage, C-2 General Commercial zone
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
EAST: Pheasant Ridge townhomes, PUD Planned Unit Development zone
SOUTH: ICCU property, C-2 General Commercial zone
WEST: Burley Drive residences, R-2 Limited Residential zone
SERVICES:
ACCESS STREET: Burley Drive
FIRE PROTECTION: City
SEWAGE DISPOSAL: City
CULINARY WATER SERVICE: City
PROCEDURES:
1. In accordance with City Code 18.28.020 and Resolution 10-2007, a complete petition and fees
for a Change of Land Use District were filed with the City at least 29 days prior to the public
hearing and which contained the appropriate documents.
2. In accordance with City Code 18.28.20, the application is scheduled to be heard at the March
14, 2019 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 shall be provided as
follows:
a. Publication in the Idaho State Journal at least 15 days prior to the hearing;
b. Notice posted at the exterior of the property
c. Mailing to those within a 300 ft. radius of the property
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.
APPLICABLE LAWS AND PLANS:
1. Idaho Code: §67-65 Local Land Use Planning
2. Chubbuck Comprehensive Plan (as amended)
3. Chubbuck City Code: Title 18, Land Use
PUBLIC COMMENTS:
1. No written comments were received as of this report.
18.28.050: CONSISTENCY WITH COMPREHENSIVE PLAN:
The Comprehensive Plan Future Land Use map indicates this is “Employment” which will accommodate
C-2 General Commercial and I-Industrial zoning.
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 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
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
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 BY: Don Matson
dmatson@cityofchubbuck.us
208) 237-2430
REPORT DATED: March 14, 2019
Staff comments in this report are based solely
upon evidence available at the time of the report.
Additional information may be brought to light at
or before the hearing.
EXHIBITS:
1. Application for Zone Change
2. Maps
a. Zone Change Exhibit Map
b. Vicinity / Site
c. Future Land Use map from the
Comprehensive Plan
3. Evidence of Notices and supporting
documents (on file w/ staff)
Subject Property
for Zone Change
Public Works Department
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
ICCU STORAGE BUILDING
APPLICATION FOR A CONDITIONAL USE PERMIT- STAFF REPORT
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
MEETING ON MARCH 14, 2019
STAFF FINDINGS SUMMARIZED
A Storage building is Conditionally Permitted in a C-2 Commercial Zone.
Approval of the Zone Change will need to be done before conditional use would be
allowed to be effective.
One of the conditions of approval would need to be that the rezone to C-2 General
Commercial be approved.
The applicant has met the City Code requirements to be heard for a Conditional Use
Permit.
After reviewing the application against public comment and the criteria and standards
of section 18.28.040 and 18.28.050 of municipal code, the Commission shall make a
decision to approve with conditions, approve without conditions, deny, or table the
decision.
FACTS
REQUEST: The applicant requests a Conditional Use Permit for a Storage Building in a C-2 Zone after approval
in separate application.
CONDITIONAL USE QUESTIONNAIRE
Background
Property was purchased and two buildings removed to allow for storage building construction.
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 approve with or without conditions, may table a decision, or
may recommend denial of the application.
OWNER:
Idaho Central Credit Union
4457 Burley Dr.
Chubbuck, ID 83202
APPLICANT:
Idaho Central Credit Union
4457 Burley Dr.
Chubbuck, ID 83202
LOCATION 4526 and 4528 Burley Dr.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: R-2 Limited Residential
PROJECT SIZE: One Lot
VIEWS: Generally visible from the street,
surrounded by home, storage unit
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: None
SURROUNDING LAND USES AND ZONING:
NORTH: C-2 General Commercial
EAST: RR tracks and then PUD Planned Unit Development
SOUTH: C-2 General Commercial
WEST: 2 lots of R-2 Single Family Residential then C-2 General Commercial
TRAFFIC COUNTS:
There are no traffic counts available from BTPO for Burley Drive.
SERVICES:
ACCESS STREET: Access to the subject property will be from Burley Dr.
FIRE PROTECTION: City
SEWAGE DISPOSAL: City
CULINARY WATER SERVICE: City
PROCEDURES:
1.In accordance with City Code 18.28.020 and Resolution 10-2007, a complete petition and fees
for a Conditional Use Permit were filed with the City at least 29 days prior to the public hearing
and which contained the appropriate documents.
2.In accordance with City Code 18.28.20, the application is scheduled to be heard at the March
14, 2019 Regular Meeting of the Land Use Commission at a public hearing
3.In accordance with City Code 18.28.020, notice of the public hearing shall be provided as
follows:
a.Publication in the Idaho State Journal at least 15 days prior to the hearing;
b.Notice posted at the exterior of the property
c.Mailing to those within a 300 ft. radius of the property
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.
APPLICABLE LAWS AND PLANS:
1. Idaho Code
a. §67-6512, Special use permits, conditions and procedures
2. Chubbuck Comprehensive Plan (as amended)
3. Chubbuck City Code
a. Title 18, Land Use
POLITICAL SUBDIVISION/AGENCY COMMENTS:
1. No other comments received at the time of this report.
PUBLIC COMMENTS:
1. No written comments were received as of this report.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
STANDARDS FOR REVIEWING A CONDITIONAL USE PERMIT
The following code regarding CUPs should be used in evaluating and weighing the application:
18.28.040 C. Criteria and Standards:
C. Criteria And Standards: The following criteria and standards shall be applied in determining whether
to grant or deny any application under the terms of this title for a conditional use permit, and in
considering and defining the conditions (if any) to be imposed upon a conditional use permit
granted hereunder:
1.The use for which such permit is sought must not be injurious to the neighborhood or otherwise
detrimental to the public health, safety or welfare.
2.The permit sought shall not produce an adverse impact on the economic values of adjacent
properties.
3.The permit sought shall not produce a negative impact on transportation facilities, public
utilities, schools, public parks or the natural environment any greater than had the strict terms
of this title been satisfied.
4.Account shall be taken of noise and traffic conditions in the vicinity of the land for which the
permit is sought.
5.Account shall be taken of the character and use of the buildings and land adjoining and in the
vicinity of the property for which the permit is sought, together with the number of persons
residing or working in such buildings or upon said land; and the permit, if granted, shall not
work an unreasonable hardship upon surrounding property owners by virtue of its physical
nature or by the impact of changes made in the landscape of said land.
6.Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands.
7.Account shall be taken of the support or opposition expressed by persons entitled to receive
notice of the conditional use permit application.
8.The applicant shall show that he has taken all reasonable steps to comply with the strict terms
of this title. If the applicant can show that the uses "allowed" under this title are not feasible,
such showing shall support an application for a conditional use permit.
9.Adverse impact on other development within the city shall be minimized as far as possible.
10.The sequence and timing of any development conditionally permitted hereunder may be
controlled as appropriate.
11.The duration of any development conditionally permitted hereunder may be controlled.
12.Any permit granted hereunder may contain provisions for assuring that the development is
maintained properly.
13.Any permit granted hereunder may designate the exact location and nature of the permitted
development.
14.Any permit granted hereunder may require the provisions for on site or off site public facilities
or service.
15.Any permit granted hereunder may require more restrictive standards than those otherwise
required by this title.
16.Notwithstanding the time deadlines established elsewhere in this title for processing
applications, the city council may, if it deems such action necessary, require studies of the social,
economic, fiscal and environmental effects of the proposed conditional use prior to the
granting or denying of the application therefor, and the applicable time deadline shall be
extended accordingly. (Ord. 320 § 1, 1989: Ord. 246 § 2, 1983: Ord. 241 § 7-4, 1983)
18.28.050: CONSISTENCY WITH COMPREHENSIVE PLAN:
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.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
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 Conditional Use Permit request are satisfied, I move to approve
the Conditional Use Permit 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 Conditional Use Permit request are satisfied, I move to approve
the Conditional Use Permit 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 Conditional Use Permit request are not satisfied, I move to
deny the Conditional Use Permit 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 BY: Paul Andrus
pandrus@cityofchubbuck.us
208) 237-2430
REPORT DATED: March 4, 2019
Staff comments in this report are based solely
upon evidence available at the time of the report.
Additional information may be brought to light at
or before the hearing.
EXHIBITS:
1.Application for Conditional Use
2.Conditional Use Questionnaire
3.Maps
a.Vicinity / Site
b.Zoning
4.Evidence of Notices (on file w/ staff)
Public Works Department
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
ANNEXATION AND ZONING - STAFF REPORT
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
MEETING OF MARCH 14, 2019
Applicant: Lyn Yost
13982 N. Rio Vista Rd.
Pocatello, ID 83202
Project: Lyn Yost (Northside Crossing)
Application Request: Annex 44.1 acres and designate zoning on the Yost parcel to C-2 General
Commercial and A- Agriculture
Location: North and west of the intersection of Siphon Road and Whitaker Road,
extending west to and including the Union Pacific Railroad right-of-way,
and north approximately 1,743 feet
Zoning: Existing Zoning is Bannock County Industrial
Proposed Zoning is C-2 Commercial General and Agriculture
Notice: This project was properly noticed in the Idaho State Journal on February
27, 2019. Property owners within 300 feet were mailed notices on March
1, 2019. Notice was posted on the subject property on February 25,
2019.
Reviewer(s): Don Matson
Introduction:
The completion of the Siphon Road/Northgate Road and I-15 interchange will have a positive impact
on traffic circulation in the city and influence development of properties to the north. This
annexation would facilitate the future subdivision and development of property owned by Lyn Yost
on the northwest corner of Siphon Road and Whitaker Road. Yost is seeking to annex his parcel into
the City of Chubbuck and designate approximately 7 acres in the C-2 Commercial General Zone, with
the remainder in the Agriculture Zone.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
There are two additional right-of-way parcels included in this annexation: the Union Pacific Railroad
to the west, and a narrow strip of land that is part of Siphon Road and which the City is in the process
of acquiring. Part of the narrow strip parcel has already been annexed into the city. Railroad and
street right-of-way/parcels are not identified as being within any zoning district. The surrounding
land uses are industrial to the west, agriculture to the north, east, and southwest. South across
Siphon Road there are single family homes, and Ellis Elementary lies to the southeast.
Analysis:
The Land Use and Development Commission must determine if it is in the best interest of the City of
Chubbuck and adjacent land owners to recommend these parcels and right-of-way be annexed into
the City of Chubbuck.
Recommended Conditions:
Adjust zoning request to align with Comprehensive Plan; C-1 zoning on the southern ±10 acres of the
Yost property, with C-2 zoning on the remaining ±30 acres.
Commission Options:
Approval: “Motion to approve Annexation of the Yost property, road frontage
and railroad right-of-way.”
Denial: “Motion to deny Annexation of Annexation of the Yost property, road
frontage and railroad right-of-way.”
Approval: “Motion to approve Zoning of the Yost property to C-2 General
Commercial and Agriculture.”
Denial: “Motion to deny Zoning of the Yost property to C-2 General
Commercial and Agriculture.”
Attachments:
A. Table – Requirements for ALL Applications
B. Annexation Standards
C. Table – Special Conditions
D. Annexation and Zone Change Submittal Package
E. Reference Maps
F. Site Posting and Mailing List
G. Neighboring Annexations
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
General Requirements for all Applications
Attachment “A”
Compliant Standards and Staff Comments
Yes No N/A City Code City Standard and Staff Comments
X 18.28.020 Hearing Procedures
Staff
Comments
The applicant has completed the appropriate documents,
provided the required number of copies, shown proof of
ownership including legal description and submitted the list
of owners / occupants within 300’ of the subject property.
X Resolution
10-2007 Fees Paid
Staff
Comments
The Applicant has paid the appropriate fees for the
application and public notice.
X 18.28.050 Consistency with Comprehensive Plan
Staff
Comments
The Comprehensive Plan shows Mixed Use on the southern
part of Yost’s property, approximately 10 acres, which
promotes a mixture of compatible residential, commercial
and public land uses. It corresponds with R-1, R-2, R-3, R-4,
and C-1 zones.
The remainder of the property is designated as Employment
in the Comprehensive Plan, which encourages industrial uses
and high-density office parks. The corresponding zoning
districts are C-2 and I.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
Annexation Standards
Attachment “B”
Compliant Standards and Staff Comments
Yes No N/A State/City Code City Standard and Staff Comments
X State Statute
50-222 (2)
Whole highways/rights-of-way with land annexation
No shoe string annexation
Staff Comments The proposed annexation area is bounded on the west and
south sides by the city limits, as well as part of the east side.
X State Statute
50-222 (3) Annexation Category
Staff Comments This is a category A annexation which requires all landowners
included in the annexation area to be in support of the
annexation. The existing landowner, Lyn Yost, has requested
the annexation. The Siphon Road frontage parcel/right-of-way
has partially been annexed to the west of this site, and the
railroad is within the city limits to the south.
X State Statute
67-65
City Code 18.28
Local Land Use Planning - Annexation Procedures
Staff Comments The applicant and the City of Chubbuck have followed
requirements of the State Statue and City Code
X State Statute
67-65 In area of City Impact
Staff Comments These parcels and right-of-way are within the Area of City
Impact as negotiated by Chubbuck and Bannock County
X State Statute
67-65 Consistent with the Comprehensive Plan
Staff Comments This area is on the Future Land Use map as “Mixed Use” along
Siphon Road and “Employment” on the northern ¾ of the
property. This annexation action is consistent with the
comprehensive plan but the requested zoning districts are not.
X State Statute
67-65 Notice to County and School District
Staff Comments Notification mailed with owners / occupants on the 300 ft. list
X State Statute
67-6511 Zoning ordinance
Staff Comments A zoning ordinance will be drafted after approval
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
Special Conditions
Attachment “C”
Condition Description
City of Chubbuck Recommend approving the zoning to align with the Comprehensive Plan; C-1
zoning on the southern ±10 acres of the Yost property, with C-2 zoning on the
remaining ±30 acres.
Applicant will prepare the necessary illustrations or property descriptions
prior to presenting the proposal to the City Council.
Attachment “D”
Annexation and Zone Change Submittal Package
Attachment “E”
Reference Maps
Current City Boundary
Current Zoning Districts
Future Land Use Designations
Current City Boundary
Subject Parcels
for Annexation
Current Zoning Districts
Subject Parcels
for Annexation
Subject Parcels
for Annexation
Attachment “F”
Site Posting and Mailing List
Attachment “G”
Neighboring Annexations
Public Works Department
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
NORTHSIDE CROSSING DIVISION 1 PRELIMINARY PLAT REQUEST - STAFF REPORT
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
MEETING ON MARCH 14, 2019
STAFF FINDINGS SUMMARIZED
After preliminary plat review, Staff finds that the Plat likely meets the code requirements with
the following comments.
Whitaker Road to be built as shown – temporarily 40 ft wide street – with 10 ft pathway
and landscaping on the west side.
Preliminary Plat recommendations are conditional upon City Council adoption of
annexation and zoning
FACTS
REQUEST (EXHIBIT 1): The applicant requests a 1 lot Preliminary Plat for 1 commercial building lot in the
Northside Crossing subdivision, Division 1. It includes an extension of Whitaker Road north of Siphon
Road for access to the property.
Background: This is the 1st division of the Northside Crossing subdivision. Recommendation/approval
of this preliminary plat shall be whether it meets the requirements of the City of Chubbuck ordinance
and State of Idaho statutes.
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.
OWNER:
Lyn Yost
13982 Rio Vista Road
Pocatello, ID 83202
APPLICANT:
Lyn Yost
13982 Rio Vista Road
Pocatello, ID 83202
PROFESSIONAL SERVICES:
RMES
600 E. Oak St.
Pocatello, ID 83201
LOCATION: SE ¼ of Section 34, township 5 South, Range 34 East, of the Boise Meridian, on the north
side of Siphon Road west of the Whitaker Road intersection.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: I – Industrial (Bannock
County), under application for annexation
with C-2 General Commercial zoning
PROJECT SIZE: ±7.2 acres
EXISTING STRUCTURES: None
CURRENT TRAFFIC: BTPO traffic counts
averaged 1,961 vehicles per day in 2016
and 1,807 in 2017
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
VIEWS: Generally visible from all directions
TOPOGRAPHY: Generally flat
SURROUNDING LAND USES AND ZONING
NORTH: Farming, Bannock County I – Industrial and City of Chubbuck A – Agricultural zone
EAST: Farming, Bannock County I – Industrial and City of Chubbuck A – Agricultural zone
SOUTH: Vacant, C-1 Limited Commercial zone, and Victorian Village subdivision, R-1 Single Family
Residential zone
WEST: Union Pacific Railroad and Northside Plaza, I – Industrial zone
SERVICES:
ACCESS STREET: Current access from Siphon Road, development will extend Whitaker Road for future
access (with no access from Siphon)
FIRE PROTECTION: City
SEWAGE DISPOSAL: City
CULINARY WATER SERVICE: City
PROCEDURES:
1. In accordance with City Code 17.12.030-050 and Resolution 10-2007, a complete petition and
fees for a preliminary plat were filed with the City at least 29 days prior to the regular meeting
and which contained the appropriate documents and which contained waiver requests pursuant
to 17.12.040.
2. In accordance with City Code 17.12.070, the application is scheduled to be heard at the January
8, 2019 Regular Meeting of the Land Use and Development Commission.
3. In accordance with City Code 17.12.070, notice were provided as follows:
a. Notices posted on the subject property.
APPLICABLE LAWS AND PLANS:
1. Idaho Code
a. §67-6513, Subdivision Ordinance
2. Chubbuck Comprehensive Plan (as amended)
3. Chubbuck City Code
a. Title 16, Land Improvement Standards
b. Title 17, Land Development, specifically (others may be identified by staff, LUDC,
Council or others)
c. Title 18, Land Use
PUBLIC COMMENTS:
1. No written comments were received as of this report.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
STANDARDS FOR REVIEWING A PRELIMINARY PLAT
1. Is the Preliminary Plat 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 and if others
can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim.
Goal Objective Policy Staff Comment
Ch. 4, Goal 5:
Encourage compatible
land uses
5.1: Encourage transition
of land use to avoid
conflicts
a. Adhere to land use
designations of the
Comp Plan Map
The map designates the
area as “Mixed Use”, a
category intended for
future R-1, R-2, R-3, R-4
or C-1 zoning.
Ch. 5, Goal 1 Provide
for safe and freeflowing
traffic for all
modes of transportation
1.7: provide a connected
network of pedestrian
friendly streets
a. Design new streets
to connect with other
streets.
g. Provide sidewalks
along both sides of
streets
The proposal appears to
conform to the policy.
Ch. 6, Goal 2:
Encourage new
development that is
compatible with
existing buildings
2.1: Use design
guidelines, standards,
incentives to ensure
compatible development
with existing
development
a. Bulk/height of new
residential infill shall
be similar in scale to
surrounding residential
development.
The proposal appears to
conform to the policy; it
is commercial and is not
adjacent to residential
developments.
2. Does the Preliminary Plat comply with all the applicable laws and ordinances?
CITY CODE TITLE 17- LAND DEVELOPMENT
Compliant Standards and Staff Comments
Yes No N/A City Code City Standard and Staff Comments
X 17.12.030,
17.12.050 Copies to be Submitted, Notice and Fee
Staff
Comments
The applicant has completed the requirements of these
sections.
X Department
Comments
Public Works:
1) This department has reviewed the applicant’s proposal
for compliance, finds that it meets the code
requirements. Concerns have been addressed by the
applicant.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
X Department
Comments
Engineering:
1) This department has reviewed the applicant’s proposal
for compliance, finds that it meets the code
requirements.
X Department
Comments
Maintenance / Operations:
1) This department has reviewed the applicant’s proposal
for compliance and no deficiencies have been
reported.
X Department
Comments Fire Department:
1) This department has reviewed the applicant’s proposal
for compliance and no deficiencies have been
reported.
X Department
Comments
Police Department:
1) This department has reviewed the applicant’s proposal
for compliance and no deficiencies have been
reported.
CITY CODE TITLE 18- LAND USE
Compliant Standards and Staff Comments
Yes No N/A City Code City Standard and Staff Comments
X 18.08.042A Height and area Regulations
Staff
Comments
This is proposed in the C-2 zone and is limited to 70 ft high and
no minimum lot size.
X 18.08.044 Lot Width to depth ratio
Staff
Comments This is proposed in the C-2 zone, maximum ratio is 1:5
PRELIMINARY PLAT STANDARDS
Compliant Standards and Staff Comments
Yes No N/A City Code City Standard and Staff Comments
X 17.12.150 Form of Presentation
Staff
Comments Applicant has provided all information required of this section.
X 17.12.160 Identification and Descriptive Data
Staff
Comments Applicant has provided all information required of this section.
X 17.12.170 Existing Conditions Data
Staff
Comments
Applicant has provided a preliminary plat showing existing
contours, locations of existing water and sewer systems, street
names and rights-of-way, and all other information required of
this section.
X 17.12.180 Proposed Conditions Data
Staff
Comments
Applicant has provided a preliminary plat showing proposed
conditions including lot dimensions, easement use and
locations, and street layout including proposed dedication of
additional right-of-way.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
X 17.12.190 Proposed Utility Methods
Staff
Comments
Water and sewer will be extended from Siphon Road into the
development, applicant has provided service locations shown
on the preliminary plat.
PUBLIC IMPROVEMENT REQUIREMENTS
Improvement Description
Water Water mainlines with services will be constructed and connected to existing
water mainlines.
Sewer Sewer mainlines with services will be constructed and connected to existing
sewer mainlines.
Streets Right-of-way has been dedicated and the street will be constructed per
16.12.020C and in accordance with the comprehensive plan. The 40’ width of
Whitaker Road will be temporary.
Storm Drainage Storm water from the street will be retained in the roadway drainage swale, while
storm water from the lots will be required to be retained on site. Storm water will
need to meet requirements for this addition.
Pressurized Secondary
Irrigation
Secondary irrigation facilities will be designed and constructed in accordance
with section 16.12.230 of city code.
Parks N/A for non-residential development. However, ten ft pathways will be built with
the subdivision (Whitaker Rd.) and the future development (Siphon Rd.).
EXAMPLE MOTIONS
APPROVAL:
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code 17.12.100, and having
found that those criteria for approving a preliminary plat request are satisfied, I move to recommend
approval of the preliminary plat as described in the application materials to the City Council with the
following conditions and waiver recommendations:
1. (if found necessary by LUDC).
APPROVAL (NO CONDITIONS):
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code 17.12.100, and having
found that those criteria for approving a preliminary plat request are satisfied, I move to recommend
approval of the preliminary plat as described in the application materials.
DENIAL:
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code 17.12.100, and having
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
found that those criteria for approving a preliminary plat request are not satisfied, I move to
recommend denial of the preliminary plat request as described in the application materials.
I find that the petition fails to comply with… [CITE SPECIFIC STANDARD WHICH IS NOT MET AND
DESCRIBE WHY IT WAS NOT MET].
SPECIAL CONSIDERATIONS FROM IDAHO CODE:
I.C. 67-6513: Denial of a subdivision permit or approval of a subdivision permit with
conditions unacceptable to the landowner may be subject to the regulatory taking
analysis provided for by section 67-8003, Idaho Code, consistent with the requirements
established thereby.
REPORT BY: Don Matson
dmatson@cityofchubbuck.us
208) 237-2430
REPORT DATED: March 6, 2019
Staff comments in this report are based solely
upon evidence available at the time of the report.
Additional information may be brought to light at
or before the hearing.
EXHIBITS:
1.Application for Preliminary Plat
2.Plat
3.Narrative for Preliminary Plat
4.Maps
a.Vicinity
b.Future Land Use
c.Zoning
5.Evidence of Notices
a.Site Posting
b.Public notices on file w/ staff
6.
Exhibit 1
Application for Preliminary Plat
Exhibit 2
Preliminary Plat Map
SS
SS
WS
S 89°36'44" E 2650.75'
WS
S 89°36'44" E 620.00'
S 89°36'44" E 720.00'
S 0°14'09" W 432.66'
N 89°
36'
44"
W 720.00'N 0°
14'09" E 432.66'
402.
71'
660.00'402.61'
0 0 ARCH D
SCALE (
24"x36")ARCH B SCALE (12"x18")603060 301530 1
INCH = 60 FEET 1 INCH = 30 FEET EngineersSurveyorsPlanners 600 E. Oak
St.
Pocatello, ID
83201 (208) 234-0110
301 58th St. W. #
138 Williston, ND 58801 (701)
572-0110 TM
DEVELOPER INFORMATION NAME J
AND Y
CONTACT LYNN YOST ADDRESS 13982 N. RIO VISTA
RD.POCATELLO
IDAHO, 83202 PHONE (740) 258-
7094 SHEET INFORMATION DRAWN BY JOEL P. DIXON, SEAN O'BRIEN PROJECT #17120 CHECKED BY J. MITCHELL
GREER FILE PATH R:\17\YOST, LYN\HILINE SUBDIVISION - 17120\
DES\LAY\
2-22-
19 NSIDE XING PREPLAT
DATE CREATED 12/10/
2017 LAST REVISED 03/05/2019 VICINITY MAP LEGEND & NOTES PRELIMINARY PLAT FOR
THE:NORTHSIDE CROSSING - DIVISION 1 LOCATED IN
THE SOUTHEAST 1/4
OF SECTION 34, TOWNSHIP
5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY,
IDAHO PRELIMINARY PLAT FOR THE:NORTHSIDE CROSSING - DIVISION 1 LOCATED IN THE
SOUTHEAST
1/4
OF SECTION
34,TOWNSHIP
5 SOUTH,
RANGE 34
EAST, BOISE MERIDIAN,
BANNOCK
COUNTY,
IDAHO
PROJECT
LOCATION TYHEE ROAD YELLOWSTONE AVENUEU.
P.R.R.NORTHGATE
PARKWAY WHITAKER
ROADI-15HAWTHORNE ROADHILINE
ROADCHUBBUCK ROAD LOT 1
BLOCK
1
6.
40 AC ±
34
3
35 2
40'
WIDE
RIGHT-OF-
WAY
NORTH
OF
SECTION
LINE (
FUTURE)NORTHGATE
PARKWAY
EAST
SIPHON ROAD)
WEST
OF
HILINEROAD14'
MEDIAN
2'10.
50'TRAVEL LANE 12.
50'
TRAVEL
LANE 2'
16'10'SHARED
USE
PATH
2'
10.50'TRAVEL
LANE 12.
50'TRAVEL LANE 2'
16'10'
CL WHITAKER
ROAD WHITAKER
ROADNORTHGATE PARKWAY (
SIPHON ROAD)
FUTURE ROAD34 35
RANDY MERICA
ANDTERESA
MERICAINST.
NO. 896747JYY,
LLC INST.
NO. 21901469
34 3 12" WACCESS
AND UTILITY
EASEMENTCL FUTURE (BY
OTHERS)EXISTING
STUB 100'
TEMPORARY LANE TAPER
60.00'7.28'22.
00'10' WIDE MEANDERING PATH
18.00' WITH 10' WIDE
MEANDERING PATH WATER LINE OVER SIPHON
40.
00'18.00'2.00'
20.00'10'
WIDE PUBLIC UTILITY EASEMENT
LEGEND & NOTES BASIS OF BEARING PER
IDAHO STATE PLANE COORDINATE SYSTEM - EAST
ZONE. GPS OBSERVATION COMBINATION FACTOR OF
1.0002579939.COORDINATES ARE BASED
ON (IDPO CORS).NOTES 1.EXISTING ZONING:
COUNTY INDUSTRIAL PROPOSED ZONING:
C1 2.LOT SIZE INFORMATION
REQUIRED MINIMUM: 2,400 S.
F.PROPOSED MINIMUM: 278,
785
S.F.3.SUBDIVISION AREA: 7.91
ACRES 4.
SUBDIVISION LOTS: 1 COMMERCIAL 5.GAS, POWER,
TELEPHONE, CABLE T.
V.
ETC. TO
BE PROVIDED.
6.STORM
WATER GENERATED
BY WHITAKER
ROAD SHALL
BE DETAINED
IN AN
UNDERGROUND INFILTRATION
GALLERY.7.
EASEMENTS ARE
10' (
FT.)
WIDE
UNLESS
OTHERWISE
NOTED.8.
CASH IN
LIEU
OF ROADWAY
FRONTAGE IMPROVEMENTS
FOR NORTHGATE
PARKWAY.BOUNDARY
LINE EASEMENT LINE
WATER LINE
SEWER
LINE
SEWER MANHOLE
SEWER SERVICE
FIRE HYDRANT
WATER METER
WATER SERVICE
WATER VALVE
CONTOUR LINES
PROPOSEDEXISTING WS SS WS SS
CENTER LINE
SECTION LINE NORTH PROPERTY
LINE 10.00'
30.00'
STORM LINE
STORM
CATCH
BASIN
SEDIMENT BASIN
INFILTRATION GALLERY 8" W 8" W 8"
W 8"
SS8" SS
12"
S 12"
SFUTURE DEVELOPMENT FUTURE
COMMERCIAL DEVELOPMENTJYY, LLCINST.
NO. 21901469EXISTING
SIPHON FUTURE CURB, GUTTER
AND PATH
BY AGREEMENT)55.00'
WIDE TEMPORARY UTILITY EASEMENT
INCLUDING PRESSURIZED
IRRIGATION P/
L 10'
Exhibit 3
Narrative for Preliminary Plat
Exhibit 4
Maps
a. Vicinity Map
b. Future Land Use
c. Zoning
Vicinity of Northside Crossing Div. 1 Preliminary Plat
Subject Property
Current Zoning Districts
Subject Property
Subject Property
Exhibit 5
Evidence of Notices
a. Site Posting
b. Public notices on file w/ staff