HomeMy WebLinkAbout11 12 2019
City of Chubbuck Land Use and Development Commission
Regular Meeting
November 12, 2019
7:00 PM
City Hall Council Chambers
5160 Yellowstone Avenue, Chubbuck, ID 83202
AGENDA
I. CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF MINUTES for October 8, 2019 (action item)
IV. PUBLIC HEARING
a. An application for Conditional Use Permit for a 100 ft. by 60 ft. storage building on property
in the C-2 General Commercial Zone. The subject property is located at 4526 and 4528
Burley Drive, Chubbuck, ID. Type of Action: Public hearing and Land Use decision.
V. GENERAL BUSINESS
a. Study Session on liabilities, assets and land use policies.
VI. 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.
City of Chubbuck Land Use and Development Commission
Regular Meeting
October 8, 2019
7:00 PM
City Hall Council Chambers
5160 Yellowstone Avenue, Chubbuck, ID 83202
MINUTES
Board Members Present: Chair Jason Mendenhall, Mike Schwartz, Vice-Chair Dan Stoddard, Rebecca Berls,
Brady Smith, Thais Ayre, Carrie Holm, and TJ Budge. Staff Members Present: City Attorney Tom Holmes, Senior
Planner Don Matson, Planner Paul Andrus, Community Planning and Economic Development Director Devin
Hillam, Office Administrator Kami Morrison
Mendenhall called the meeting to order at 7:00 pm asking Schwartz 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. Smith recused himself from General Business items 1 and 2. Ayre recused herself from Public
Hearing item 1.
APPROVAL OF THE MINUTES: September 10, 2019
Mendenhall entertained a motion to approve the minutes as emailed. Schwartz moved the minutes of
September 10, 2019 meeting be approved as emailed; Stoddard seconded. The full authority approved.
PUBLIC HEARING
1. An application for a Change in Land Use District from Agriculture (A) to Dense Residential (R-
4) on approximately 2.97 acres of land. Subject property is in the NW ¼ of Section 9,
Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the
northeast corner of Philbin Road and Sawtooth Street, Chubbuck, Idaho. The
Comprehensive Plan Future Land Use map designates this area as Mixed Use. Type of
Action: Recommendation. (Action Item)
Applicant is Nick Jensen with Spring Creek Homes, requesting proposed land use change on property
located between Connor Academy and University Bible Church. Project is very similar to the Dance PUD
off Siphon Road. Parcel is 2.97 acres, very small compared to others in area. Currently zoned Ag and
used as cultivated field. The School District owns property behind this parcel. SEICCA is using their
property on the other corner of the school parcel for high density project. They have contacted church
property owners and don’t foresee any issues. They would need to widen Philbin to meet the
comprehensive plan. Traffic control measures were part of staff concerns and for now would be a simple
stop sign until traffic is high enough to consider a stop light but will be addressed in the future possibly
when Sawtooth connects through to residential neighborhoods to the east. Basic layout map shows 6
foot white vinyl fence but staff would prefer more of a berm for aesthetics. Access is off of Sawtooth not
Philbin. Development could potentially have higher density than shown but preference is to keep
amenities placed throughout the development and maintain neighborhood feel. Property is currently
owned by McNabbs. They have had verbal negotiations on land but will not move forward until they
know what the city’s position is.
Budge asked about fence line along Philbin road. Nick explained that to meet the comprehensive plan
they have to move the road back. City staff would prefer a berm and maybe fencing and landscaping.
They will work with staff in that process. Drawing is just preliminary for an idea of what was feasible.
Property borders right of way on Philbin so they can dedicate that space for future roadway.
Berls asked about height of building. Nick stated units will be 3 bed 1.5 bath and are 22 feet from gable
to ground. They are a little shorter than a two-story home because of low pitch roof and 8 foot walls.
Most custom houses are a little taller.
Don Matson Senior Planner, offered clarification on Philbin road. They would dedicate 50 feet back to
future property line and whatever part of Sawtooth is on property as well. Surrounding zoning is
commercial and single family. Staff did receive comments about traffic concerns. Matson stated that
multifamily units generate about 4-7 trips per day and average for single family is about 10 trips per day.
44 multi-family units would generate about the same amount of traffic as 20-30 single family units.
Project meets all requirements of comprehensive plan. Project is in a good location on an arterial street
that can absorb traffic.
Mendenhall questioned the land ownership from property to where Sawtooth dead ends. Matson
stated as two properties on south side develop they would put in at least half street so traffic could get
through to the east.
Schwartz asked about the future plan for congestion on Philbin. Matson explained that Philbin is
planned to be 100ft wide right of way and in the near future the city will install a roundabout at the
intersection of Chubbuck Road. City staff will be monitoring traffic flows in the area and come up with
ideas based on federal standards. There could potentially be another exit for The Grove subdivision.
Philbin is 90-95% owned and maintained by the city. Time line on roundabout is 2021. No monies
programmed yet for the widening.
Berls asked if there would be a stop sign on Sawtooth. Matson stated that any street coming onto an
arterial has to have a stop sign at least. Berls then asked what could be done in the meantime for those
leaving The Grove neighborhood. Matson stated having a roundabout there will be much safer, allowing
people leaving the school a better place to do U-turns. Also as connections go through Alpine and
Sawtooth there will be other ways for people to leave the school.
Mendenhall opened the public hearing.
Daniel Elder, 1388 Sawtooth, testified in opposition. With any new project in immediate area he always
has traffic concerns. Those leaving Connor Academy make a right then turn into Sawtooth to make a U-
turn to get out and head back south on Philbin. This happens any time day or night. Traffic is his main
concern. Mr. Elder was surprised development entrance would be off of Sawtooth which is not so bad
but he foresees the same problem happening. Traffic is already a nightmare.
Sasha Elder, 1388 Sawtooth, testified in opposition. Her understanding of The Grove is there is only one
entrance and exit and no way to extend for another exit west. People will still go down Chubbuck and
Philbin because it’s 45 and faster versus going in on Independence.
Mendenhall closed the public hearing brining the meeting back to the commission.
Budge asked City staff for an update on the traffic study in that area. Matson stated that the city has
consulted with a transportation engineer on traffic numbers in the current area and on the proposed
project. The amount of traffic wouldn’t change the level of services. The additions would be minor
compared to current traffic level. The project may add 200 where there are currently 5,000 plus. The
City Engineering Department plans to do additional traffic counts in area. Budge also asked if the City
has considered long term solutions for Connor Academy. Matson said that is a conversation they may
need to have with them and discuss traffic management options. Berls stated she had a conversation
with the Principal at Connor Academy and he stated it wasn’t his problem, it the City’s problem. Matson
said they may need to try again. There will be additional time during plat phase to address those issues
further.
Smith, expressed concerns that the last to develop in that area will be burdened with fixing the traffic
problems. Matson stated that is also the City’s concern and the consultant is looking at large scale traffic
area versus one piecemeal at a time so burden is more equally shared.
Stoddard asked what the threshold is for when the next traffic flow remedy is implemented. Matson
stated it depends on the flow, looking at level of service and peak hours, etc. Too much congestion
causes the community to lose money. Part of the fiscal attitude of most cities is to tolerate some
congestion because it’s expensive to build their way out of congestion. The flow looks at access points,
what kind of traffic, what time traffic is there, farm vehicles, bus stops and other factors. Stoddard said
the Commission would like to look at the last traffic study done on Philbin when/if they get to the
platting phase.
Holm stated that although traffic is big concern as the city grows she also understands there is a future
plan and can be patient knowing that.
Stoddard mentioned The Grove having access from West. Matson stated there is a stub at end of street
and it would depend on property owners there if that happened in the future.
Holm stated the zone change is appropriate because of surrounding land. Stoddard agreed that R4 is
appropriate use and had no problem with zoning but that traffic issues will need to be addressed.
Budge was in favor of zone change. Appreciates homeowners sharing their perspective. Traffic concerns
are something the City needs to address but not something to deny zone change over. In favor of
approval.
Mendenhall entertained a motion. Stoddard moved to recommend approval of zone change noting
traffic concerns and understanding Commission will have an opportunity to address those in the future.
Schwartz seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Budge, Yes; Berls, Yes; Holm, Yes; Smith, Yes; Schwartz, Yes; Stoddard, Yes;
Mendenhall, Yes. Motion carried.
GENERAL BUSINESS
1. An application for a preliminary plat for Bilyeu Estates Divisions 6 containing 13
residential lots. Subject property is located in the Southwest ¼ of the Southwest ¼ of
Section 4, Township 6 South, Range 34 East, of the Boise Meridian, Bannock County ID.
Generally located West of Hyrum Street North of W Chubbuck Rd. Type of Action:
Recommendation. (Action Item)
Mitch Greer with RMES representing Mr. Nelson. Proposing Bilyeu Estates Division 6. This is the most
developed project in Chubbuck in the last few years and is supporting a lot of the growth right now. It’s
been timely and successful. Has a park included and Chubbuck road was widened. The project has
developed exactly along the master plan. Division 6 has 13 lots, no park or public infrastructure. Staff
concerns were related to numbering of the blocks/lots. Greer stated they can reconfigure the master
plan numbering as it develops. They eliminated the temporary cul-de-sac because they didn’t have
required number of lots and added a temporary easement to handle sewer line. Greer believe they have
addressed all staff concerns except the last item which is a plan for an irrigation system. Greer stated
their concern is they don’t have access to the canal and the irrigation system needs to be regional
system. Greer feels they should participate but not sure how that would happen and suggested a cash
contribution toward a future system instead where they could actually have access. Location could
possibly be in the City’s property to the north. They currently have no master plan on how they will
receive secondary water. There is a pump at the canal to the north at Integrity Estates that pumps and
delivers water south toward Philbin but doesn’t service this property and no way to connect. Greer
suggested a future shared system between the City, Brookstone and this Development. Attorney
Holmes asked if they would be installing all irrigation infrastructure. Greer stated they would they just
don’t have access to a pump.
Budge asked if other phases in Bilyeu are utilizing surface water. Greer confirmed they are not and the
same with Integrity. Brief discussion was held regarding the irrigation association, Fort Hall Irrigation
and irrigation rights that do exist on the property. There is no place to currently connect to Fort Hall
Irrigation System. Need some other delivery mechanism as that system could not adequately serve the
development.
Paul Andrus, Planner stated there were five items on staff report, two of which have been taken care of
completely and the others can be taken care of in the final plat phase. Andrus stated the City would be
open to a condition of a cash contribution for an irrigation system. Andrus also clarified that usually
agricultural irrigation systems don’t meet residential requirements because of more demand, pressure
issues, control and filtering.
Budge asked if the City has a plan for utilizing the secondary irrigation system. Andrus stated it would
happen as each area receives access to the canal. Budge noted that as these areas develop the City
needs to have a plan to memorialize the easements to access pump stations and also have a plan to
utilize them. It’s Important the City has a plan on how to connect and not have secondary lines sitting
dry. Hillam stated that engineering staff are aware of those issues and are looking into regional system
regulations. Additional comments were made regarding dry lines, plans to connect and the cash
contribution made by Brookstone development. Request that condition be noted so it isn’t forgotten.
Mendenhall entertained a motion. Stoddard moved to recommend that City Council approve the
preliminary plat with the condition that staff findings are adequately addressed specifically item #5
entertaining a cash in lieu of option as a possibility. Berls seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Stoddard, Yes; Berls, Yes; Budge, Yes; Ayre, Yes; Schwartz, Yes; Holm, Yes; Budge, Yes;
Mendenhall, Yes. Motion carried.
2. An application for a preliminary plat for Reflection Ridge at Harvest Springs Phase 1
containing 49 lots (47 single family residential, 1 common lot, and 1 open space lot).
Subject Property is located in the NW ¼ of Section 35, Township 5 South, Range 34 East,
of the Boise Meridian, Idaho. Generally located on the east side of Hiline Road and
approximately 1,500 feet south of Tyhee Road. Type of Action: Recommendation.
(Action Item)
Applicant is Ryan Satterfield for Harvest Springs Joint Venture. This is the first plat for Harvest Springs
master plan development. Originally proposed a much larger plat, Commission may have overlapping
information from original proposal as opposed to what’s seen on new rendition. Original plat
encompassed lake area and multi-use areas. Due to flood plain and not being able to finalize the map
revision for the flood plain they decided to move forward with a smaller section. They are currently
working on flood plain adjustments and have contracted with Williams Engineering for flood plain maps
and they will be helping on a map revision. The Commission received a copy of the updated plat that
does address staff comments. Plat consists of 47 lots and 2 open space lots. One open space running
down the middle as an association owned pocket park. Homes that face the park have alley way access.
The other is storm retention area when first entering development. They are currently going through a
realignment of Fort Hall Irrigation canal due to size of the box culvert that’s required and elevation it
would need to be at. They had to make an adjustment to alignment of flow of canal and are working
with Fort Hall on those approvals. Plat consists of a series of trails along Harvest Springs Blvd. Potential
for expansion of roadway if time comes. Have incorporated parking areas on Harvest Springs.
Satterfield feels they have addressed items on staff notes. Will work through more as they get to the
final plat stage. Lot #2, because of flood plain going into there, Satterfield asked for flexibility to take out
lot in final plat if they can’t get flood plain map adjusted.
Budge, complimented Satterfield on bike paths and green space and asked if when Harvest Springs Blvd
is widened if they would then eliminate that path. Satterfield stated that to the north is a large park and
lake area. If there was a need to widen that area would be additional pathway space. Budge also asked
about doing analysis on how those flood plains change as a result of the development. Satterfield stated
that is exactly what they are currently working on. They plan to do a much more in-depth analysis on the
contours and water flows and what effects become of that and will then incorporate into the plan.
Budge asked if study is done entirely in advance or if they could approve phase I and then discover in the
future approval has changed flood plain in next phase. Satterfield said the study is for the entire master
plan. Hillam, plats often show where flood plains are and FEMA often comes in and changes those maps
so the FEMA map is the official flood plain map that they are working through with FEMA to change
based on their design plan.
Holmes asked who would maintain the green space. Satterfield stated the association would maintain
pocket parks and the bump outs or strip areas, adjoining property owners would maintain. Even though
property owners don’t own the strips they require they maintain those areas through the Development
Agreement.
Berls asked about the drainage for alleys. Satterfield stated they have an inverted type of drainage
where all water flows to the center then down and into a catch basin then piped away. Berls expressed
concern because in Daybreak there are a lot of issues with water going into homes. Satterfield explained
that a majority of that occurs because buildings aren’t set properly with the grade, don’t have proper
sloping and proper compaction. Berls also asked about alley maintenance and why the association isn’t
maintaining those. Satterfield stated alleys are configured that the city can maintain those.
Additional discussion was had regarding snow removal and storage, concerns with where those areas
would be located and concerns about melting snow and water running into homes.
Don Matson senior planner, stated staff is pleased with the development. Confident all comments will
be address when they go to final plat. Plan to invert for drainage does do better to handle water and get
away from homes, which was a key concern of Streets & Sanitation. Staff is supportive of the plan, also
supportive of condition for lot 2 to be removed from final plat if needed.
Berls asked if development was being subsidized with TIF money. Matson stated that Harvest Springs
Blvd. is eligible, nothing more has been finalized yet. Berls again asked about maintenance of alleys.
Additional discussion held regarding alley width (22 feet), priority for plowing, liability of the City, and
owner maintenance.
Budge and Mendenhall both looking forward to development. Will trust staff and experts to design
properly.
Mendenhall entertained a motion. Schwartz moved to recommend that Council approve the preliminary
plat for Reflection Ridge at Harvest Springs as proposed. Ayre seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Holm, Yes; Budge, Yes; Schwartz, Yes; Stoddard, Yes; Berls, Yes; Ayre, Yes;
Mendenhall, Yes. Motion carried.
Mendenhall entertained a motion to adjourn; Schwartz made the motion. Ayre seconded. All voted to
adjourn at 8:24 pm.
_______________________________
Jason Mendenhall, Chairperson
____________________________________
Kami Morrison, 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 CONDITIONAL USE PERMIT- STAFF REPORT
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
MEETING ON NOVEMBER 12, 2019
STAFF FINDINGS SUMMARIZED
A Storage building is Conditionally Permitted in a C-2 Commercial Zone.
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 60 ft. by 100 ft. Storage Building in a C-2 General
Commercial Zone.
BACKGROUND:
Property was purchased and two buildings removed to allow for storage building construction.
One storage building was previously approved and built.
The two remaining residential properties to the west have been purchased by ICCU and zoning
change and plat applications are anticipated in the near future. Both homes have been removed and
everything has been cleared from the property.
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: C-2 General Commercial
PROJECT SIZE: One 1.46 acre lot
VIEWS: Visible from the street, and surrounding
Properties
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: One 40 X 60 Storage
building
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 of Chubbuck
SEWAGE DISPOSAL: City of Chubbuck
CULINARY WATER SERVICE: City of Chubbuck
PROCEDURES:
1.In accordance with City Code 18.28.020 and Resolution 2019-07, 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
November 12, 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.
Staff Analysis:
Staff finds that there is likely no evidence that the use for which the permit is sought would be
injurious to the neighborhood nor public health, safety or welfare.
2.The permit sought shall not produce an adverse impact on the economic values of adjacent
properties.
Staff Analysis:
Staff is not aware of any negative economic impact to adjacent properties caused by the
proposed use.
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.
Staff Analysis:
The evidence suggests that the negative impact on transportation facilities, public utilities,
schools, public parks or the natural environment would be less than if the strict terms were
satisfied.
4.Account shall be taken of noise and traffic conditions in the vicinity of the land for which the
permit is sought.
Staff Analysis:
Staff finds that the evidence would suggest that the trips per day would be less and mostly
during business hours thus reducing the impact of noise and traffic.
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.
Staff Analysis:
The building will complement the buildings already on the ICCU Campus and will be accessed
for storage thus limiting the hardship on surrounding property owners
6.Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands.
Staff Analysis:
Old structures have been removed and new structure will be built to compliment the other
buildings on the Campus.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
7.Account shall be taken of the support or opposition expressed by persons entitled to receive
notice of the conditional use permit application.
Staff Analysis:
No Comment has been received by staff on this project as of this writing.
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.
Staff Analysis:
A storage building is allowed in a C-2 General commercial zone, code allows for the use to be
conditionally permitted.
9.Adverse impact on other development within the city shall be minimized as far as possible.
Staff Analysis:
Staff finds that there is likely no evidence of impact on other development in the city.
10.The sequence and timing of any development conditionally permitted hereunder may be
controlled as appropriate.
Staff Analysis:
Staff finds there is likely no need to control the sequence and timing of the project.
11.The duration of any development conditionally permitted hereunder may be controlled.
Staff Analysis:
Staff finds that since this is a permanent building there would be no reason to control the
duration of the development.
12.Any permit granted hereunder may contain provisions for assuring that the development is
maintained properly.
Staff Analysis:
As this is part of the ICCU Campus the owner has a vested interest in its appearance and
maintenance.
13.Any permit granted hereunder may designate the exact location and nature of the permitted
development.
Staff Analysis:
The applicant will be required to meet building codes and set back requirements therefore
exact location and nature of development would likely not be necessary.
14.Any permit granted hereunder may require the provisions for on site or off site public facilities
or service.
Staff Analysis:
Staff does not find that on or off site public facilities or service are likely needed, as this will be
a private storage shed and not open to the public.
15.Any permit granted hereunder may require more restrictive standards than those otherwise
required by this title.
Staff Analysis:
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
The Commission should evaluate criteria and public comment to determine if more restrictive
standards are needed.
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)
Staff Analysis:
Staff does not find likely cause for additional studies to be required.
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.
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 ext. 109
REPORT DATED: October 31, 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.Application for Conditional Use
2.Conditional Use Questionnaire
3.Maps
a.Vicinity / Site
b.Zoning
4.Evidence of Notices (on file w/ staff)
City of Chubbuck
Land Use Application
CONDITIONAL USE PERMIT
CHANGE OF LAND USE DISTRICT
VARIANCE
ANNEXATION & ZONING
COMPREHENSIVE PLAN CHANGE
City Official: Date: / /
For the Land Use Meeting of: / In / ® Application Deadline: / /FIR Z:00 PM
1. Name of Applicant: Idaho Central Credit Union Phone: 208-239-3003
Mailing Address: 4457 Burley Dr
Chubbuck, ID 83202
Email address: blackson&,iccu.com
2. Filing fee of $ 340.00 plus $ 52.50 for: Total: $ 392.50
X ($1.50 per notification mail -outs for Conditional Use Permits.), owners and occupants.
3.00 per notification mail -outs for annexations, zone changes.), owners and occupants.
Paid to the City Clerk on: 1 D , 15 , 20 101 Initials 4<K Receipt # l ei • O is IA
3. Project location: 4526 Burley Dr. and 4528 Burley Dr.
4 • Existing Land Use District:
5. Describe Proposal: Additional Storage Building(s) for ICCU
6. The approval of this exception does not sanction the violation of any ordinance.
7. I attest to the truth and exactness of all information supplied on this application. I will develop or
use the subject roperty set forth herein.
S -CC U /ail 5 i1 1i
Signature of Applicant Date
PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION:
Earnest Money Agreement - or - [X Warranty Deed Copy
18 X 24 Drawings (as listed below)
8 1/2 X 11 Drawings (as listed below)
Digital PDF copy of documents and drawings e-mailed or on jump drive as much as possible.
Please attach a legal description of the property.
Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 sets.)
Business License Application
Other Assessments or Studies:
STANDARDS FOR ILLUSTRATIVE DRAWINGS:
The intent of these standards is to produce drawings when required or necessaryfor illustration of good clarity, accuracy
and completeness for use by the City Land Use & Development Commission and the City Council.
Size: 1-18" x 24" minimum
1-81/2" x 11" reduction of 18" x 24" drawing
Scale: Site plan 1:20 minimum
Floor plan 1/4" = 1'- 0" minimum
Revised: 5-9-2019, PBA
Conditional Use Permit
Questionnaire
Applicant: Idaho Central Credit Union
Address: 4457 Burley Dr
City: Chubbuck
State: Tclaho Zip: 817
1 0 A H 0
1. Describe how this application will be beneficial to the neighborhood or otherwise foster public health, safety
or welfare.
The development of this }2roj2erty will provide Idaho Central Credit Union
with additional storage facilities and will hell) clean un the surrounding nr rw.
2. How will this Application produce a positive impact on transportation facilities, public utilities, public parks
or the natural environment?
3. What account has been taken of noise and traffic conditions in the vicinity of the land for which the
application is sought?
The use of this proposed storage facility will not be a source of excessive noise
or traffic and will be accessed primarily during business hours.
4. What account has been 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? How is the proposed development compatible?
An additional storage building on this property will complement the existing
storage building and the storage faciltiy directly to the north of this property.
1 of 3 Revised 1-25-2017 PBA
Conditional Use Permit Questionnaire
5. Explain how the permit, if granted, will 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 or natural scenery
of said land?
from the road and will be buffered b)landscaping,
6. What considerations have been given to the aesthetic qualities of the proposed use and surrounding lands?
ICCU campus buildings and landscal2es are among the most aesthetically n ng
in the Citi the proposed building will not be an exception to their high standards
or quality.
7. Address how adverse impacts on other developments within the City have been minimized as much as
possible.
Other developments in the City will not be adversely impacted.
8. Describe the sequence and timing of the proposed development.
Construction of the new building will begin as soon asosn sible, weather pen-nitting,
lmTn arnrnynIb the City
9. How will the development be properly maintained?
the jj,-onerlr 4 will he maintained by ICC'I T maintenance_
2of3
Revised 1-25-2017 PBA
Conditional Use Permit Questionnaire
10 Designate the exact location and nature of the development.
attached site sketch and lavout
11. Which on-site or off-site public services are required for this development? (E.g. - Sanitation, Water,
sewer, other.)
The new building will connect to existing_ public utility services on site; water,
sewer, natural gas, power, and communication are available on the nronerty.
12. List which, if any, studies of social, economic, or environmental effect have been required of this
application. (Examples: Traffic Study, Water or Sewer Capacity Study, Storm -Water Drainage, etc.)
No studies are required. Storm water will be retained on site in an existing
storm water facility
3 of 3 Revised 1-25-2017 PBA
NE 1/16 Corner Sec. 10
Found Aluminum Cap
per CP&F 1120621178
Scott Harris iDeed1)21113219
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Credit Union i .. j Idaho Central
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Deed # [' _Credit Union
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y Deed #21806348 r ""
1.46 Acres
can. Central
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City of Chub,
Deed #216_..
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East 1/16 Comer Sec. 10
Found Aluminum Cap
per CP&F 112061179
BASIS OF BEARING
IDAHO CENTRAL CREDIT UNION
LOCATED IN NE 1/4 SECTION 10,
TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE
BOISE MERIDIAN IN THE COUNTY OF BANNOCK.
0 40 80
LEGEND
Parcel Boundary
Adjoining Parcels
Ea..—nte
Deed Tie.
Section Une
O
Found 1/2' Rebar ae per
ICCU Ma'n Camp.. Inet, 121602913
Found 5/8' Rebar a. per
CCUMa'n Campus 1-tr. #21602913
O
Found 5/8' Rebar a. per Will.'.
Storage Subdivision In— R 21012470
X Calculated Point
Basis of bearing per Idaho State
Plane Coordinate System — East
Zone. GPS observation
combination factor: 1.0002579939.
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Notes
1. Address 4526 & 4528 Burley Drive, Chubbuck, ID 83202
2. Parcel is Zone X — Area of Minimal Flood Hazard
per FIRM Map Number 16005CO237D
3. Current Zoning — Commercial (C2)
4. 5 foot Utility Easement recorded as Instr. 1120513992
Conditional Use Permit Map
D I OPri'RA
A Company of Geometics Professionals
4880 Clover Dell, Chubbuck, ID. 83202 Ph 208-Z17-7373
www. dnptrageomatics.com
0
Idaho Central Credit Union
xn By: DRH
Scale: 1.=Q.
2-8-18 Project: 19005
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BLDG 1
OFFICIAL REG. 30 0 FEE 15.00 DEPUTY DM
BANNOCK COUN i Y IDAHO RECORDED AT REQUEST OF
Pioneer Title Pocatello
PioneeffltleCo.
6D1N6 REYDND
135 N, Arthur Ave.
Pocatello, ID 83204
ELECTRONICALLYREGORDED-DO NOT
REMOVE THE COUNTY STAMPED FIRST
PAGE AS IT IS NOW INCORPORATED AS
PART OF THE ORIGINAL DOCUMENT
File No. 642211 SKIMH
WARRANTY DEED
For Value Received
21806348 2018 May 03 PM 12:13:00
Electronically Recorded by Simplifile
Gene Aiken and Mandy Rae Aiken, husband and wife, as to Parcels 1 and 2 and
Gene Aiken and Mandy Aiken, husband and wife, as to Parcel 3
hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey unto
Idabo Central Credit Union
hereinafter referred to as Grantee, whose current address is
4400 Central Way Pocatello, ID 83202
The following described premises, to -wit:
LEGAL DESCRIPTION EXHIBIT "A" ATTACHED
To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and
Grantees(s) heirs and assigns forever. And the said Grantor(&) does (do) hereby covenant to and with the
said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are
tree from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those
made, suffered or done by the Grantee(s); and subject to U.S. Patent reservations, restrictions,
dedications, easements, rights of way and agreements, (if any) of record, and current years taxes, levies,
and assessments, includes irrigation and utility assessments, (if any) which are not yet due and payable,
and that Grantor(s) will warrant and defend the same from all lawfi 1 claims whatsoever.
Dated: May 2, 2018
I / - " " __' "kb ....
Gene Aiken Mandy Aiken
State ofIDAHCf, County of BANNOCK
This record w s aeknowledg before me on A 3, 2018 by Gene Aiken and Mandy Aiken
P1_q K.41
Siguat ota>y lic 4.': O
Commissionxpires: 03/09/21
0F C P
Instrument; 21806348 Page.0
EXHIBIT A
Parcel 1;
Commencing at the Northeast 1/16 comer of Section 10, Township 6 South, Range 34 East, Boise Meridian,
Bannock County, Idaho; thence South 0°09' East along the East 1116 line 338.30 feet; thence South 89°26' East,
175.30 feet; thence South 0°11' East 25 feet to the point of beginning; thence continuing on the above course 176
feet; thence South 89121' East 140.65 feet; thence North 2°40' West 176.38 feet; thence North 89°21' West 133 feet
to the point of beginning.
Parcel 2:
Commencing at the NEW corner of Section 10, Townshlp 6 South, Range 34 East, Boise Meridian, Bannock
County, ,Idaho; thence South 4°09' East along the East 1/16 line 338,30 feet; thence South 89°26' East, 25,0 feet,
more or less, to the point of beginning; thence continuing South 99°26' East 1503 feet; thence South 011111 East 25
feet; thence South 89121' East, 133 feet; thence North 21140' West, 50 feet, more or less, to a point on the Southerly
line of the land described in deed to Everard Nelson, recorded April 5, 1965, in Book 194, as filing No. 414356;
thence along said last mentioned Southerly line; North 89°27' West 281.79 feet; thence South 0°09' East 25 feet
more or less to the point of beginning.
Parcel 3 a:
That portion of the SETA NE114 of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock
County, Idaho, described as follows;
Beginning at the Northeast 1116 corner of said Section 10; thence along the East 1116 line, South 0°09' East, 338.30
feet; thence South 89°26 East 175.30 feet; thence South 0°ll' East 201 feet to the most Southerly line or
prolongation thereof of the land described in the deed to Calvin D, McOmber, et ux, recorded March 18, 1964, in
Book 184, as filing No. 402071; thence along said Southerly line, South 89°21' East 140.65 feet to the true point of
beginning; thence North 2°40' West, 226.38 feet to a point on the Southerly line of the land described in deed to
Everard Nelson, recorded April 5, 1965, In Book 194, as filing No. 414356; thence along said last mentioned
Southwesterly line, South 89127' East 118.61 feet to the Westerly right of way line of the Union Pacific Railroad;
thence along said Westerly line, South 8°12' East 228.80 feet to the Southeast corner of the land described In said
Deed to Calvin D. McOmber, et ux; thence along the Southerly line of said last mentioned deed, North 89°21' West
140.65 feet to the true point of beginning,
Parcel 3b: An easement for a right of way road with the right of ingress and ogress described as follows:
Commencing at the NEI/16 corner of Section 10, Township 6 South, Range 34 East,Boise Meridian, Bannock
County, Idaho; thence South 0°09' East along the East 1/16 line 338.30 feet; thence South 891126' East, 25.0 feet,
more or less, to the point of beginning; thence continuing South 89126' Last 150.3 feet; thence South 0°11' Bast 25
feet; thence South 89°21' East,133 feet; thence North 2°40' Wast, 50 feet, more or less, to it point on the Southerly
line of the land described in deed to Everard Nelson, recorded April 5, 1965, in Hook 194, as filingNo. 414356;
thence along said last mentioned Southerly line; North 89°27' West 281.79 feet; thence South 0°09' East 25 feet
more or less to the point of beginning.
160 Initials
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Kent A. Rudeen
2860 Cold Creek Rd.
American Falls, ID 83211
Delores J. Barrus
4562 Burley Drive
Chubbuck, ID 83202
Larry H. Dennis Jr.
P.O. Box 341
Ridgecrest, CA 93556
Bank of Commerce
375 Yellowstone Ave.
Idaho Falls, ID 83402
Jill M. Hirschi
418 Pheasant Ridge Drive, Apt. B
Chubbuck, ID 83202
Robert Mann
422 Pheasant Ridge Drive, Apt. A
Chubbuck, ID 83202
Pheasant Ridge Homeowners
P.O. Box 5546
Chubbuck, ID 83202
Kristopher Hopkins
414 Pheasant Ridge Drive, Apt D
Chubbuck, ID 83202
Kelly Warren
4219 Edgewood Circle
Ammon, ID 83406
Aislinn Crane
427 Pheasant Ridge Drive, Apt B
Chubbuck, ID 83202
Antonio Pena
4544 Burley Drive
Chubbuck, ID 83202
Con Jensen
13104 W. Tyhee Road
Pocatello, ID 83201
Thomas Horner
5710 W. Buckskin Rd.
Pocatello, ID 83201
Azalea Torres
423 Pheasant Ridge Drive, Apt. D
Chubbuck, ID 83202
Rochelle Hickman
418 Pheasant Ridge Drive, Apt. C
Chubbuck, ID 83202
Jared M. Smith
422 Pheasant Ridge Drive, Apt. B
Chubbuck, ID 83202
Darris Ellis
4470 Wasatch St.
Chubbuck, ID 83202
Shawntel Lee
414 Pheasant Ridge Drive, Apt. C
Chubbuck, ID 83202
Thomas Joseph Jernigan
3874 E. 1300 N.
Ashton, ID 83420
Phillip Rascon
427 Pheasant Ridge Drive, Apt A
Chubbuck, ID 83202
S3 dtl1S
Spring Creek Homes, LLC
13104 W. Tyhee Road
Pocatello, ID 83201
Scott Harris
4555 Burley Drive
Chubbuck, ID 83202
Michael Puell
7827 Eureka Ave.
El Cerrito, CA 94530
Rebecca Manlangit
418 Pheasant Ridge Drive, Apt. A
Chubbuck, ID 83202
Jolynn Peck
418 Pheasant Ridge Drive, Apt. D
Chubbuck, ID 83202
Steven Z. Nielsen
422 Pheasant Ridge Drive, Apt. C
Chubbuck, ID 83202
David Dinger
423 Pheasant Ridge Drive, Apt. A
Chubbuck, ID 83202
Kelly Warren
4219 Edgewood Circle
Ammon, ID 83406
Rodney Boettcher
3078 Stoneridge Circle
Ammon, ID 83406
Chad Clayson
770 East 1150 North
Pleasant Grove, UT 84062
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