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HomeMy WebLinkAbout04 09 2019City of Chubbuck Land Use and Development Commission Agenda April 9, 2019 7:00 PM City Hall Council Chambers, 5160 Yellowstone Avenue, Chubbuck, ID 83202 CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES for March 14, 2019 (action item) PUBLIC HEARING 1. An application for a change in Land Use District from Limited Residential (R-2) to Limited Commercial (C-1) on approximately 2.75 acres of land. Subject property in the SE ¼ of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 820 W Chubbuck Road, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. Type of Action: Recommendation to City Council. (Action Item) 2. An application for a change in Land Use District from Agriculture (A) to Single Family Residential (R-1) on approximately 1 acre of land. Location is in the West ½ of the NE ¼ of the SW ¼ Section 2, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the NW corner of Tree Valley Road and Garden Drive in Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Low Density. Type of Action: Recommendation to City Council. (Action Item) GENERAL BUSINESS 1. An application for a preliminary plat for Moon Valley Subdivision. Applicant proposes to subdivide 1.95 acres into 2 residential lots. Property is in the West ½ of the NE ¼ of the SW ¼ Section 2, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located west of Tree Valley Road at Garden Drive in Chubbuck, Idaho. Current zoning designation is Single Family Residential (R-1) on the south half. The north half is in the Agriculture (A) zone and is under application for a change to Single Family Residential (R-1) as well. 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) 2. Mori Byington from Bannock Transportation Planning Organization to discuss existing and future conditions and land uses as they pertain to the draft Metropolitan Transportation plan 2045. ADJOURN City Hall and the City Council Chambers are accessible for persons with disabilities. Any person needing spec ial 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\003.14.19 (Thursday).docx 1 City of Chubbuck Land Use and Development Commission Meeting Minutes March 14, 2019 - 7:00 pm Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall, 5160 Yellowstone, on Thursday March 14, 2019. Chair Jason Mendenhall: Commission Members: Mike Schwartz, Dan Stoddard, Brady Smith, Thais Ayre, Brandon Jackson, and TJ Budge. Community Planning and Economic Development Director: Devin Hillam, Senior Planner: Don Matson, City Planner: Paul Andrus, City Attorney: Tom Holmes, Office Administrator: Ranelle Simmons Mendenhall called the meeting to order at 7:00 pm. and led the commission in the Pledge of Allegiance. Mendenhall ask if any commissioners had a conflict of interest within the items before the board tonight. Smith has with items #3 in Public Hearing and the General Business item #1. Jackson has with items #1 and #2 in Public Hearing. APPROVAL OF THE MINUTES: February 12, 2019 Mendenhall entertained a motion to approve the minutes as emailed. Ayre moved the minutes of February 12, 2019 meeting be approved as written; Schwartz seconded. The full authority approved. 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) Stewart Ward with Dioptra 4880 Clover Dell Road Chubbuck, ID 83202 is in attendance representing the applicant. The application area is northeast of Idaho Central Credit Union’s campus and is zoned R-2 Limited Residential at this time. Reason for zone change is ICCU would like to build a storage building on the property. C-2 General Commercial fits the comprehensive plan use. Answers to board member’s questions. There will be a fence around this property. J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2019\003.14.19 (Thursday).docx 2 Don Matson, city staff, commented the application does comply with the comprehensive plan, C-2 is a good fit for the area. No questions for staff. Mendenhall opened the public hearing. No comments from the public bringing the meeting back to commission. Mendenhall entertained a motion. Budge moved to approve the application to rezone approximately 1.46 acres from R-2 Limited Residential to C-2 General Commercial as set forth in the application. Seconded by Schwartz. Mendenhall clarified this is a recommendation to City Council. With all commission members understanding the motion they voted. Roll Call Vote: TJ Budge, Yes; Thais Ayre, Yes; Brady Smith, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes. 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) Stewart Ward with Dioptra 4880 Clover Dell Road Chubbuck, ID 83202 is representing the applicant. Proposed use is similar to how the surrounding area is being used. The building will not be seen from Burley Drive. Homes have been removed where the storage building will sit. This will not be a public storage building and utilities will be extended from existing services with no public impact. Answers to board member’s questions. This will be a steel building. Building will have lights but no lights in the parking lots. Access is off the lane on Burley Drive and the lane will remain gravel. Andrus, city staff, building is permitted in a C-2 zone. Lighting issues will go to a design review committee meeting for the developer to be given the guidelines to meet. Andrus went over the criteria and standards that will determine if the application should be approved or denied. If another storage building is built in the future another conditional use permit will be required. Both applications for change in land use district and conditional use permit came in at the same time and there is a time frame that the applicant is under. Mendenhall opened the public hearing. No public comments. Mendenhall closed the public hearing bringing the meeting back to the commission. Board member Brandon Jackson 1042 Lexington Chubbuck, ID 83202 is the Facilities Manager for ICCU. He answered some of the board members questions. Building height is 14’ with a peak height of 19’. J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2019\003.14.19 (Thursday).docx 3 2 tone paint colors on the building with a green roof. The building will be on the northeast corner of the property in order to put it out of the way. This is an overflow dry storage facility with no heating or water, just a fire hydrant at the corner. Temporary buildings will be emptied by the end of the summer. Property is already fenced with a gravel lane. The lane will have an agricultural type gate. The comment was made that a storage unit is a suitable development adjacent to the railroad and no adjourning landowners have expressed any opposition or concerns. Mendenhall entertained a motion. Rezone will need to be approved by City Council before the conditional use permit can be in place. Schwartz moved to approve the conditional use permit as described in the application with the following conditions that it is subject to the approval of City Council for the rezoning of the property along with the property being fully fenced. Ayre seconded. Budge asked to comment on the motion. Leave it up to the landlord to decide what fencing to put up. The property owner to the south did not attend tonight and has not voiced concern over the fencing. Budge moved for the amendment to the motion to not require fencing on the property. Schwartz and Ayre approved the change in the motion to not require fencing by the applicant. Roll Call Vote: Brady Smith, Yes; Dan Stoddard, Yes; TJ Budge, Yes; Thais Ayre, Yes; Mike Schwartz, Yes; Jason Mendenhall, Yes. 3. An application for annexation in the City of Chubbuck wich 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) Lyn Yost 13982 North Rio Vista Road Pocatello, ID 83202 is the applicant. He is requesting rezoning and annexation of approximately 45 acres. There is an immediate need for the south corner of the property to be sold for an assisted living center to be built. Requesting C-1 zoning and annexation. Matson, city staff, to be in 100% compliance with the comprehensive plan the zoning needs to be residential or C-1. The short term interest is the preliminary plat. Having this parcel 2 zones would be fine too. J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2019\003.14.19 (Thursday).docx 4 Holmes commented this is a problem to have a C-2 in an industrial zone. C-1 zone is a less intense use than a C-2. The risk is greater if it is zoned C-2 because of the comprehensive plan. Hillam, city staff, informed commissioners that this application will be republished as a public hearing with this board’s recommendation before it is an item on City Council’s agenda. Matson commented the owner by the railroad tracks will sign the small strip of land over to the applicant next week. Hillam stated the owner assures him he will sign before the next City Council meeting and the land is under the railroad tracks. Homes informed the commissioners that the application could be approved with the motion stating the owner will need to sign the land over to the applicant. Mendenhall opened the public hearing. Justin Jones, 5432 Taylor, by Ellis Elementary Chubbuck, ID 83202. Excited about the new development that is coming to Chubbuck. In favor of the growth and increased resale value of homes. Mendenhall closed the public hearing bringing the meeting back to the commission. Mendenhall entertained a motion. Budge moved that this board recommend that the City Council approve annexation of this property with one change and one condition. The change being that the zone be classified as C-1 and will be advertised as such before the City Council meeting and being presented to the City Council as such. The condition being that the annexation of the property underlying the railroad being subject to the landowners written consent prior to the City Council’s approval. Stoddard seconded. With all commission members understanding the motion they voted. Roll Call Vote: Brandon Jackson, Yes; TJ Budge, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Thais Ayre, Yes; Jason Mendenhall, Yes. 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) J:\Planning\LUDC\LAND USE SECRETARY\Minutes\Minutes 2019\003.14.19 (Thursday).docx 5 Mitchell Greer with Rocky Mountain Engineering and Surveying 600 East Oak Street Pocatello, ID 83201 was in attendance representing the applicant. The building will be approximately 300’ x 500’ and will be a great addition to Chubbuck. Whitaker Road will have a 10’ walking path on the west side of the street. This project will spearhead the future development in the area. The new Whitaker Road extension is wider and slightly off set from the existing road with a slight curve. An 80’ right-of-way is planned. There will be secondary irrigation once the development reaches Hiline Road. Matson, city staff, the preliminary plat application has 7 acres. There have been no comments from residents on this application. Mendenhall entertained a motion. Schwartz moved to approve the application for the preliminary plat for Northside Crossing Division 1 as proposed. Recommending approval to City Council. Seconded by Jackson. With all commission members understanding the motion they voted. Roll Call Vote: Dan Stoddard, Yes; Brandon Jackson, Yes; TJ Budge, Yes; Thais Ayre, Yes; Mike Schwartz, Yes; Jason Mendenhall, Yes. Mendenhall entertained a motion to adjourn; Stoddard made the motion. Smith seconded. All voted to adjourn at 8:10 pm. Jason Mendenhall, Chairperson Ranelle Simmons, Office Administrator NOPH Item #1 High Desert Therapy Public Works Department PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us HIGH DESERT PHYSICAL THERAPY APPLICATION FOR A ZONE CHANGE - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON APRIL 9, 2019 STAFF FINDINGS SUMMARIZED The Comprehensive Plan Future Land Use map designates this area for “Mixed Use” land uses and development, which is supported by the Single Family (R-1), Limited (R- 2), General (R-3) and Dense (R-4) residential zoning districts and the Limited Commercial (C-1) zoning district. After review Staff finds that this request for Limited Commercial (C-1) zoning likely meets the requirements for a change in land use district. FACTS REQUEST: The applicant requests a Change in Zoning for 2.75 acres from the Limited Residential (R-2) to Limited Commercial (C-1). Background The subject property is the former Catholic Church at 820 W Chubbuck Road. The applicant, Jared Pugmire, proposes to use the building for a medical office (physical therapy) and an art school. 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: Mike McCormick McCormick Real Estate 1215 McKinley Ave. Pocatello, ID 83201 APPLICANT: Jared Pugmire High Desert Physical Therapy 345 Yellowstone Ave., Suite A Pocatello, ID 83201 PROFESSIONAL SERVICES: n/a LOCATION: The subject property is in the SE ¼ of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 820 W Chubbuck Road, Chubbuck, ID. Access is also provided via Todd Street in the rear. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us SITE CHARACTERISTICS & ZONING CURRENT ZONING: Limited Residential (R-2) PROJECT SIZE: ±2.75 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: Former church, shed, and picnic shelter CURRENT TRAFFIC: Several traffic counts were conducted by BTPO recently on Chubbuck Road, as well as Cole Street. Average daily vehicle counts were recorded as follows: 2014, west of Cole St. – 6,171 2014, west of Ponderosa St. – 7,495 2015, west of Joy St. – 7,799 2016, west of Cole St. – 7,870 2018, west of Hawthorne Rd. – 10,781 SURROUNDING LAND USES AND ZONING NORTH: Single family homes, Limited Residential (R-2) zone EAST: Single family homes, Limited Residential (R-2) zone, two homes on large Agricultural (A) zone parcels lie 300 feet to the east SOUTH: Single family homes, Limited Residential (R-2) zone WEST: Single family homes, Limited Residential (R-2) zone, Park Meadows PUD lies 300 feet to the southwest SERVICES: ACCESS STREET: Chubbuck Road for main access (two driveways), rear access from Todd Street 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 date 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 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: 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 The Comprehensive Plan Future Land Use map designates this area for “Mixed Use” land uses and development, which is supported by the Single Family (R-1), Limited (R-2), General (R-3) and Dense (R- 4) residential zoning districts and the Limited Commercial (C-1) zoning district. 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 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: April 2, 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. Reference Map 2. Application for Zone Change 3. Maps a. Zone Change Exhibit Map b. Vicinity / Site Map c. Future Land Use map from the Comprehensive Plan 4. Evidence of Notice a. Site Posting b. Mailing List c. Copies of notices on file w/ staff PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Exhibit 1 Reference Map PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Exhibit 2 Application for Zone Change PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Exhibit 3 - Maps a. Zone Change Exhibit Map PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Exhibit 3 - Maps b. Vicinity / Site Map PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Exhibit 3 - Maps c. Future Land Use map from the Comprehensive Plan PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Exhibit 4 – Evidence of Notice a. Site Posting PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Exhibit 4 – Evidence of Notice b. Mailing List NOPH Item #2 Moon Valley Public Works Department PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us BRYAN MOON – TREE VALLEY ROAD APPLICATION FOR A ZONE CHANGE - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON APRIL 9, 2019 STAFF FINDINGS SUMMARIZED The Comprehensive Plan Future Land Use map designates this area for “Low Density” land uses / development, which is supported by the Single Family Residential (R-1) and Limited Residential (R-2) zoning districts. After review Staff finds that it likely meets the requirements for change in zoning. FACTS REQUEST: The applicant requests a Change of Land Use District for approximately 1 acre from the Agricultural (A) zone to Single Family Residential (R-1) zone. Background Applicant owns the 2-acre parcel on the west side of the Tree Valley Road / Garden Drive intersection. The south half is in the R-1 zone, the north half is in the A zone. The Little Pocatello Creek floodplain runs through the center of the parcel from east to west. 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: Bryan Moon 826 McKay Street Chubbuck, ID 83202 APPLICANT: Bryan Moon 826 McKay Street Chubbuck, ID 83202 PROFESSIONAL SERVICES: RMES 600 E Oak Street Pocatello, ID 83201 LOCATION: Southwest ¼ of Section 2, Township 6 South, Range 34 East, of the Boise Meridian. Generally located on the west side of Tree Valley Road at the intersection with Garden Drive. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Agriculture (A) and Limited Residential (R-1) – under application to change the A zone portion to R-1 PROJECT SIZE: ±1.96 acres VIEWS: Because of topography, property is generally visible only from the east or west, and from neighboring properties on the north and south PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us TOPOGRAPHY: Sloping down from north and south to center of property, where the flood zone from Little Pocatello Creek traverses from east to west EXISTING STRUCTURES: None CURRENT TRAFFIC: There are no traffic counts or estimates available from BTPO for Garden Drive or Tree Valley Road SURROUNDING LAND USES AND ZONING NORTH: Single family homes, Single Family Residential (R-1) zone EAST: Single family homes and Tree Valley Community Park, Single Family Residential (R-1) zone SOUTH: Single family homes, Single Family Residential (R-1) zone WEST: Single family home and vacant land, Bannock County Agriculture (A) zone SERVICES: ACCESS STREET: Current access from River Valley Road 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 April 9, 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 was 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: 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. The Comprehensive Plan Future Land Use map designates this for “Low Density” land uses / development, which is supported by the Single Family Residential (R-1) and Limited Residential (R-2) zoning districts. 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 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 BY: Don Matson dmatson@cityofchubbuck.us 208) 237-2430 REPORT DATED: April 2, 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. Reference Map 2. Application for Zone Change 3. Maps a. Zone Change Exhibit Map b. Vicinity / Site Map c. Future Land Use map from the Comprehensive Plan 4. Evidence of Notice a. Site Posting b. Mailing List c. Copies of notices on file w/ staff PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Exhibit 1 Reference Map PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Exhibit 2 Application for Zone Change PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Exhibit 3 - Maps a. Zone Change Exhibit Map PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Exhibit 3 - Maps b. Vicinity / Site Map PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Exhibit 3 - Maps c. Future Land Use map from the Comprehensive Plan PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Exhibit 4 – Evidence of Notice a. Site Posting PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Exhibit 4 – Evidence of Notice b. Mailing List General Business Item #1 Moon Valley Pre-plat Public Works Department PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us MOON VALLEY SUBDIVISION PRELIMINARY PLAT REQUEST - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON APRIL 9, 2019 STAFF FINDINGS SUMMARIZED After reviewing the Moon Valley preliminary plat, Staff finds that it appears to meet the code requirements with the following comments: Plat includes owner/developer to make improvements to Tree Valley Road, or pay the City the cost of installation for the same, whichever is deemed appropriate at the time of construction Plat also includes the dedication of Garden Drive through the site for future improvements to be made by the City Preliminary Plat recommendations are conditional upon City Council adoption of change in land use/zoning district FACTS REQUEST (EXHIBIT 1): The applicant proposes a 2 lot Preliminary Plat for 2 residential building lots in the Moon Valley subdivision. It includes improvements to Tree Valley Road and a future extension of Garden Drive. Background: Applicant owns the 2-acre parcel on the west side of the Tree Valley Road / Garden Drive intersection. The Little Pocatello Creek floodplain runs through the center of the parcel from east to west. 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: Bryan Moon 826 McKay Street Chubbuck, ID 83202 APPLICANT: Bryan Moon 826 McKay Street Chubbuck, ID 83202 PROFESSIONAL SERVICES: RMES 600 E Oak Street Pocatello, ID 83201 LOCATION: Southwest ¼ of Section 2, Township 6 South, Range 34 East, of the Boise Meridian. Generally located on the west side of Tree Valley Road at the intersection with Garden Drive. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Agriculture (A) and Limited Residential (R-1) – under application to change the A zone portion to R-1 PROJECT SIZE: ±1.96 acres TOPOGRAPHY: Sloping down from north and south to center of property, where the flood zone from Little Pocatello Creek traverses from east to west VIEWS: Because of topography, property is generally visible only from the east or west, and from neighboring properties on the north and south EXISTING STRUCTURES: None CURRENT TRAFFIC: There are no traffic counts or estimates available from BTPO for Garden Drive or Tree Valley Road SURROUNDING LAND USES AND ZONING NORTH: Single family homes, Single Family Residential (R-1) zone EAST: Single family homes and Tree Valley Community Park, Single Family Residential (R-1) zone SOUTH: Single family homes, Single Family Residential (R-1) zone WEST: Single family home and vacant land, Bannock County Agriculture (A) zone SERVICES: ACCESS STREET: Current access from River Valley Road 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 April 9, 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 1: Direct urban growth to urban infill areas 1.1: Strongly protect prime agricultural land from development sprawl c. All new development projects shall be located within City limits and the USB The subject property is within the City limits and USB 1.2: Coordinate the provision of public services and infrastructure with proposed land use c. Take advantage of the existing investment in infrastructure by encouraging infill and redevelopment projects The subject property is almost completely surrounded by developed land Ch. 4, Goal 2: Improve residential neighborhoods and ensure their orderly and financially sound development 2.2: Balance the provision of access to residential areas with the maintenance of privacy in residential areas a. Plan for future rights-of-way, map them, and secure them through development exactions and other means that may be available The proposed subdivision includes the dedication of the planned Garden Drive extension through the center of the property 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 f. Encourage residential infill in suitable locations The proposal appears to conform to the policy: the map designates the area as “Low Density”, a category intended for future Single Family Residential (R-1) zoning Ch. 5, Goal 1: Provide for safe and free-flowing traffic for all modes of transportation 1.2 Expand the network of functional class roads in general accordance with the functional class roads map a. Define routes for new or functional class roads with requirements for development during subdivision. The proposal appears to conform to the policy: it includes the dedication of Garden Drive through the property 1.5 Encourage bicycle and pedestrian systems a. Continue to implement standards for sidewalks to be constructed at the time of subdivision development The proposal appears to conform to the policy: it includes the sidewalk on the west side of Tree Valley Road 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: it includes the dedication of Garden Drive through the property and adds sidewalks on Tree Valley Road PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us 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; will be in the same zoning district as surrounding city parcels 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. 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 R-1 zone and is limited to 35 ft high and 7,000 sf minimum lot size. X 18.08.044 Lot Width to depth ratio PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Staff Comments This is proposed in the R-1 zone, maximum ratio is 1:2. The width to depth ratio on the 2 lots increased is approximately 1:2.7 and 1:3, respectively, based on the average width of each. 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. X 17.12.190 Proposed Utility Methods Staff Comments Water and sewer will be connected into the development, applicant has provided service locations shown on the preliminary plat. Water is available in Tree Valley Road and a sewer main runs through the center of the property. PUBLIC IMPROVEMENT REQUIREMENTS Improvement Description Water Water connections with services will be constructed and connected to existing water mainlines. Fire hydrant will be relocated as shown on the plat. Sewer Sewer connections with services will be constructed and connected to existing sewer mainlines. Streets Right-of-way has been dedicated and Tree Valley Road will be constructed per 16.12.020C and in accordance with the comprehensive plan. Right-of-way for Garden Drive is included in the plat for future City construction. Garden Drive is part of the Comprehensive Plan Functional Road Classification System. Storm Drainage Storm water from the lots will drain to the street and storm water from the street, as well as Little Pocatello Creek runoff, will be retained in the roadway drainage swale. Pressurized Secondary Irrigation Secondary irrigation facilities are not required at this site. Parks Applicant will provide cash in lieu of park improvements in accordance with section 17.16.140-150 of city code. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us EXAMPLE MOTIONS APPROVAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials to the City Council with the following conditions and waiver recommendations: 1. (if found necessary by LUDC). APPROVAL (NO CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are not satisfied, I move to recommend denial of the preliminary plat request as described in the application materials. I find that the petition fails to comply with… [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET]. SPECIAL CONSIDERATIONS FROM IDAHO CODE: I.C. 67-6513: Denial of a subdivision permit or approval of a subdivision permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby. REPORT BY: Don Matson dmatson@cityofchubbuck.us 208) 237-2430 REPORT DATED: April 2, 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. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us EXHIBITS: 1. Reference Map 2. Application for Preliminary Plat 3. Plat 4. Narrative for Preliminary Plat 5. Maps a. Vicinity b. Future Land Use c. Zoning 6. Evidence of Notices a. Site Posting b. Public notices on file w/ staff SS SS WSWSN 88°59'32" E 315.00' N 1°00'28" W 271.00' S 1° 00' 28" E 271. 00' S 88° 59'32" W 315.00'4520452045 2 045204 52 04520 45204520 S 76° 5 8 1 1 E 2 8 2 7 7 C1 L1 276. 52' C2 C3 289.02'C4 C5 153.00' 25.77'25. 77'66.46' 119.11'46. 18'44. 37'61.34'CURVE TABLE NUMBER C1 C2 C3 C4 C5 DELTA ANGLE 14°02' 17"9°25'00"85° 22'43"5°25'57" 98° 36'20" CHORD DIRECTION S 83° 59'20" E S 81° 40'42" E N 43°41' 50" W S 79° 41'10" E N 48°17' 41" E TANGENT 18. 47'14. 41'18. 45'5. 93'23. 25'RADIUS 150.00' 175.00' 20.00' 125. 00' 20. 00'ARC LENGTH 36.75' 28. 76'29. 80'11. 85'34.42' CHORD LENGTH 36.66' 28.73'27.12'11. 85'30.33' WSSSLINE TABLE NUMBER L1 DIRECTION N 88°59'32" E DISTANCE 4. 29'PLAT INFORMATION DRAWN BY:BMS CREATED:3.7. 19 REVISION:3.27.19 BMS PROJECT NO:19009 OWNER INFORMATION NAME:BRYAN MOON ADDRESS: 826 MCKAY STREET CHUBBUCK, ID 83202 PHONE:208.243. 0632 VICINITY MAP BASIS OF BEARING PER IDAHO STATE PLANE COORDINATE SYSTEM - EAST ZONE. GPS OBSERVATION COMBINATION FACTOR OF 1.0002579939.COORDINATES ARE BASED ON (IDPO CORS).PRELIMINARY PLAT FOR: MOON VALLEY SUBDIVISION SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN,CITY OF CHUBBUCK, BANNOCK COUNTY, IDAHO PRELIMINARY PLAT FOR:MOON VALLEY SUBDIVISION NOTES 1. EXISTING ZONING: RESIDENTIAL (R-1)2.LOT SIZE REQUIRED MINIMUM: 7,000 S.F.PROPOSED MINIMUM: 33,175 S.F.3. SUBDIVISION AREA: 1.96 ACRES 4.SUBDIVISION LOTS: 2 5.UTILITIES: GAS, POWER, TELEPHONE, CABLE T.V. & ETC. TO BE PROVIDED.6.STORM WATER GENERATED ALONG THE UNDEVELOPED PORTION OF GARDEN DRIVE SHALL BE COORDINATED WITH THE CITY OF CHUBBUCK IN AN EFFORT TO TIE INTO EXISTING STORM WATER INFRASTRUCTURE IN THE AREA 7.EASEMENTS ARE 10 FEET WIDE UNLESS OTHERWISE NOTED 8. THE RIGHT OF WAY SHOWN FOR GARDEN DRIVE WILL BE DEDICATED TO THE TO THE CITY OF CHUBBUCK.9.ALL FUTURE ROADWAY IMPROVEMENTS WITHIN THE RIGHT OF WAY SHALL BE DONE BY THE CITY OF CHUBBUCK AT THEIR OWN EXPENSE.10.THE DEVELOPER SHALL INSTALL THE IMPROVEMENTSTOTHE LIMITS SHOWN OR PAY THE CITY OF CHUBBUCK THE COST OF INSTALLATION FOR THE SAME SAID IMPROVEMENTS, WHICHEVER IS DEEMED APPROPRIATE AT THE TIME OF CONSTRUCTION.TM Engineers Surveyors Planners www. rmes.biz 600 E. Oak St. Pocatello, ID 83201 (208) 234-0110 301 58th St. W. # 138 Williston, ND 58801 (701) 572-0110 LEGEND PROPOSED BOUNDARY LINE PROPOSED PROPERTY LINE PROPOSED CENTER LINE PROPOSED EASEMENT LINE PROPOSEDCURB PROPOSEDSIDEWALK PROPOSED WATER LINE EXISTING SEWER LINE PROPOSED WATER SERVICE / FIRE HYDRANT EXISTING MAJOR CONTOUR LINE EXISTING MINOR CONTOUR LINE 1' CONTOUR INTERVAL GRAPHIC SCALE IN FEET ) 0'30'30'15'1 inch = 30'PROJECT LOCATION PROPOSED SEWER SERVICE SOUTH EAST CORNER SECTION 4, SEE CORNER PERPETUATION INST. NO. 20105026 & 20520363 3 4 34 2 S 01°07'46" E2658.20' 35 3 NORTH 1/4 CORNER OFSECTION3, SEE CORNER PERPETUATION INST. NO.813271 & 20520358 SOUTHEAST CORNER OF SECTION34, SEE CORNER PERPETUATION INST. NO.683252 & 20520354 S 01°07'34" E - 1958.78'PLEASANT VIEW DRLEONIDAS STJMITCHEL L G R EERSTATE OF I D A H O8613REGISTERE D PRELIMINARYPROFESSIONAL EN G INEERTYPICAL 50' STREET SECTION (FUTURE GARDEN DRIVE) EASEMENTLINERIGHT OF WAYFUTURE 4' SIDEWALKRIGHT OF WAYEASEMENT LINE20.5' 20.5'25.0' 25.0'2. 0'2.0' 15.0'15. 0'2.5% SLOPE2.5% SLOPE N 88°52' 26" E 1317.19'LOT 1 33, 175 S.F. BLOCK 2 LOT 1 35,817 S.F.BLOCK 150'RIGHT-OF- WAY15' PUBLICUTILITYEASEMENT15' PUBLICUTILITYEASEMENTROBERT GREEN INST. NO. 21508033 GARY H. CARLSEN INST. NO. 90015085- 87 BRETT W. CARLSEN INST. NO. 21215077 JEFFREYR. HEDGESINST. NO. 20203469 CAMERON L. DEMARCO INST. NO. 21717461 BARRY NELSON INST. NO. 21514532 CHAD CARR INST. NO. 21800361 CITY OF CHUBBUCK INST. NO. 20003757 CHRISTOPHER A. DESMIT INST. NO. 2181116924' APPROACHCURB, GUTTER & SIDEWALK ALONG PROPERTY FRONTAGE OF TREE VALLEY ROAD SEE NOTE 10) RELOCATE EXISTING FIRE HYDRANT GARD E N D R I V E NORTH INSTALL General Business Item #2 Metropolitan Transportation 210 East Center Street P.O. Box 6129 Pocatello, Idaho 83205 POLICY BOARD REPRESENTATIVES BANN OCK COUNTY Commissioner Steven Brown CITY OF CHUBBUCK Mayor Kevin England Council Member Roger Hernandez, Vice Chair CITY OF POCATELLO Mayor Brian Blad Council Members Jim Johnston, Chair Heidi Adamson POCATELLO REGIONAL TRANSIT Director Skyler Beebe IDAHO TRANSPORTATION DEPARTMENT District Engineer Ed Bala Ex-Officio Non-Voting Members: Shoshone-Bannock Tribes School District #25 Idaho State University PLANNING DIRECTOR Mori R. Byington p 208-233-9322 f 866-230-4709 www.bannockplanning.org Memorandum To: Devin Hillam, Community Planning & Economic Development Director From: Mori Byington, Planning Director Date: April 1, 2019 Subject: Land Use and Development Commission Meeting Background – The Bannock Transportation Planning Organization (BTPO) is required by Federal legislation to develop a 20-year Long Range Transportation Plan, called the Metropolitan Transportation Plan (MTP). BTPO is currently updating the 2045 MTP with a scheduled approval date of August 2019. BTPO staff will present an overview of the MTP and the planning and travel demand model process. Meeting Purposes - BTPO will present the 2045 demographic projections, define the Balance Growth Scenario, and review the assumptions used in allocating the projected population and employment. 2045 Demographic Projections – The housing unit, population, and employment control total projections for Bannock County and the BTPO Planning Area. Balanced Growth Scenario– For the 2040 MTP, BTPO growth developed scenario designed to lower Vehicles miles traveled and land consumption. The three major components of the scenario are in-fill, mixed-use development in Chubbuck and mixed- use development in the Northgate area. Assumptions and allocations of projected population and employment – BTPO uses the existing zoning and comprehensive plans along with Balanced to evaluate each parcel for development and density potential. Meeting Outcome – BTPO is seeking validation of the assumptions and allocations model used to distribute the 2045 populations and employment are in keeping with current zoning and comprehensive plans. BTPO also expects to use input from the Land Use and Development Commission to modify the allocation model.