HomeMy WebLinkAbout03 10 2020
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City of Chubbuck Land Use and Development Commission
Regular Meeting
March 10, 2020
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 February 11, 2020 (Action item)
IV. PUBLIC HEARING
1. An application for Conditional Use Permit for a government facility (fire station); government
facilities may be conditionally permitted in the C-1 Limited Commercial Zone. The subject
property is approx. 2 acres and is generally located at 444 and 446 East Chubbuck Rd, Chubbuck,
ID. (Action item)
2. An application for Conditional Use Permit for light manufacturing, assembly and retail use in a C-2
General Commercial Zone. The subject property consisting of portion of Lot 1, Block 1 Pine Ridge
Mall Re-Plat, generally known as 4235 Yellowstone, Chubbuck, ID. Type of Action: Land Use
decision (Action item)
3. A proposal by city staff to replace existing Chapter 18.28 Administration of the Land Use Ordinance
with a rewritten chapter 18.28 Administration, setting forth a new scope, procedures, requirements,
and review and approval criteria for conditional use permits, variances, comprehensive plan
amendments, title text and map amendments, annexations, appeals of administrative and land use
and development commission decisions, and for requests for reconsideration of City Council
decisions. (Action item)
4. A proposal by city staff to amend section 17.12.080.G of municipal code to change the review and
comment timeframe for preliminary plats from ten (10) calendar days to ten (10) business days for
reviewing agencies and utilities. (Action item)
V. GENERAL BUSINESS
1. An application for a preliminary plat for the Northside Crossing Subdivision, Division 4. Applicant
proposes to subdivide 10.66 acres into 30 residential lots and 6 common area lots. Property is generally
Page 2
located on the west side of Hiline Road 1,300 to 2,500 feet north of New Day Parkway, Chubbuck,
Idaho. A portion of Hiline Road and the Hiline Canal, approximately 250 feet long, are part of the proposed
subdivision. Application will be evaluated against standards found in municipal code section 17.12.100.
(Action item)
2. A request to modify the final plan for Antler Ridge PUD to change the location of amenities. (Action
Item)
VI. STUDY SESSION
1. The Commission may review proposed city code text amendments by City Staff and provide input on
the following sections of draft code: 18.20 Planned Unit Developments (PUDs) Chapter, 18.06
Definitions Chapter, and a new proposed chapter 18.10, relating to Accessory Dwelling Units (ADUs).
2. Staff will provide a Downtown Visioning Session Update and discuss the plan moving forward.
VII. 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
February 11, 2020
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,
Carrie Holm and Brady Smith. Staff Members Present: City Attorney Tom Holmes, Public Works Director
Rodney Burch, Senior Planner Don Matson, Community Planning and Economic Development Director Devin
Hillam, Planner Paul Andrus, Office Administrator Kami Morrison
Mendenhall called the meeting to order at 7:00 pm and 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. No conflicts were stated.
APPROVAL OF THE MINUTES: January 14, 2020 and January 28, 2020
Mendenhall entertained a motion to approve the minutes as emailed. Stoddard moved the minutes of
January 14th and January 28th meeting be approved as emailed; Smith seconded. The full authority
approved.
PUBLIC HEARING
1.An application for a Conditional Use Permit for a Government Facility use- administrative
building- in a C-2 General Commercial Zone. The subject property is approx. 1.54 acres
consisting of portions of Lot 12 of Bonniebrae Acres Townsite located in the NW ¼ of
Section 10, Township 6 South, Range 34 East of the Boise Meridian, Bannock County.
Generally located at 4599 Burley Drive, Chubbuck, ID, 83202. Application will be reviewed
against criteria and standards found in section 18.28.040C of municipal code. Type of
Action: Decision (Action Item)
Devin Hillam, representing the applicant, the request is for a Conditional Use Permit for the new city hall
building on the corner of east Linden and Burley Drive. The site around the building is subject to change
as they work through some additional engineering of the site. Hillam noted under the criteria to review
for a CUP, the building/site:
Is beneficial to the neighborhood and investment in the site should spur
redevelopment.
Is within the urban renewal area.
Already contains city utilities/services and roads. Additional roads will be planned as
part of downtown effort. Will have passive traffic calming measures.
Will increase walkability and bike ability.
Will increase public presence in area. Employees and public will provide great passive
surveillance.
Will have excellent public spaces, parks, and plazas.
Will connect roadways and shorten long blocks.
Has sufficient streets to serve project including Burley Dr. being a collector street.
Hours of operation will remain weekday use with occasional night use.
Is compatible and should have minimal impact on surrounding properties that contain a
mixture of uses in that area.
Area used to be industrial use, city hall will minimize use.
Excellent outdoor spaces for residents and employees.
Permit will not create hardship on surrounding properties. The CDA and Council
purchased a significant portion of land in addition to this property to redevelop over
time. Significant decreased use as what it could have been.
A lot of thought has gone into site and building and has been designed by professional
architects and engineers.
No adverse impacts on other developments in vicinity. Redevelops to a heightened use.
Hoping to break ground in April with an 18 month build.
City staff will maintain.
Will house administrative staff, portion of the Public Works Department, Human
Resources, City Attorney, Mayor’s Office, and Clerk’s Office.
Location shouldn’t require additional services or utilities as an infill property.
No additional studies needed.
Council approved rezone previously.
Environmental assessments done by ICCU found nothing.
Mendenhall opened the public hearing.
Niki Taysom, general delivery, testified in opposition. Taysom stated the design is great but has
opposition to zoning. Worried if there was slag involved in property. She believes there is a better place
to locate city hall. The proposed location is by the railroad tracks and children in that area is very
inappropriate. Taysom stated that City Hall should be located in the middle of Yellowstone with a cross
over bridge. Concerned that it is too far from the Police Department and in order to visit both places one
would have to walk a lot of blocks. Taysom expressed concerns about traffic and stated it isn’t good long
term planning regarding access.
Mendenhall closed the public hearing brining the meeting back to the Commission.
Berls, stated that she would be voting for the CUP since she is bound by Idaho Code since the
application meets requirements but as a citizen of Chubbuck, voiced her disappointment with City
circumventing the bonding process that would require a majority vote of the citizens. Berls added that
taking on a 15 million dollar project without voter consent by going through loophole is not right despite
the public hearings that were held.
Mendenhall entertained a motion. Stoddard moved to approve the CUP without conditions as
submitted. Schwartz seconded. With all commission members understanding the motion they voted.
Roll Call Vote: Berls, Yes; Holm, Yes; Smith, Yes; Schwartz, Yes; Stoddard, Yes; Mendenhall, Yes.
Motion Carried.
2.An application for a Conditional Use Permit for self-service storage container yard use in a C-
2 General Commercial Zone. The subject property is approx. 2.45 acres consisting of parcels
RPRCCPC011200 and RPRCCDF000200. Generally located at 4964 Yellowstone, Chubbuck,
ID. Application will be reviewed against criteria and standards found in section 18.28.040C
of municipal code. Type of Action: Decision (Action Item)
Brad Curtis, 555 Bonanza, representing Becky Parrish-Robinson, the applicant. Curtis stated that they are
only looking at the east half of the parcel. Permit would benefit the entire block from Laurel to
Yellowstone that has been virtually unchanged for nearly 20 years. They have been working for 4-5
years to come up with different ways to use the land which was difficult because of access to the parcel.
They talked about many options, settled on storage containers. Cargo ship containers are 20 or 40 feet
long. Curtis showed pictures of the proposed layout of the site. They want it to be neat and clean. They
plan to grade the lot and put road base down. Containers will not be multi-colored, all will be one
uniform color. They also will not be different heights. No adverse impacts to area. Only thing there is a
rental home and not much traffic on Ward or Valenty. Users of storage units generally visit the location
maybe once a month. Containers are all steel. Fits with C-2 zoning and they don’t need services or
infrastructure. No upkeep or maintenance. Will keep weed free. No adverse impact on City’s 20 year
plan. If there is something that interferes could be more easily removed than a house or buildings.
Someone will be on site daily to manage.
Smith asked about plans for securing with a fence. Curtis referenced Highland Storage by the Railroad
tracks that have no fence. Units act as a fence will install flood lights but can put up a fence if needed.
May add security cameras later on.
Holmes asked if they intended to place units on the Yellowstone side of the parcel and if they would be
opposed to that as a condition of approval. Curtis said they thought about maybe placing one there for
advertising purposes but that was it. They would be okay with that as a condition of approval.
Smith commented that he thinks it would be a positive project. If someone wanted the entire block
they could change their business model at any time and easily move.
Existing building will be the office/shop area with custom shelving. Restrooms and parking are available.
Stoddard suggested applicants read City Code 18.12.050 prior to design review.
Paul Andrus, Planner, provided the staff report. Andrus stated the application was reviewed by staff, as
proposed they see no issues. Staff would encourage a condition that only the back half could be used for
containers. The distance from Yellowstone to the back half of the parcel is approximately 230 feet.
Mendenhall opened the public hearing.
Tony Harris, 13560 Hawthorne Road testified neutral to the application. Mr. Harris owns neighboring
property to the south. His son was interested in doing same thing on their property but has been hoping
area would develop. Is more in favor of application as he will likely do the same thing.
Niki Taysom, general delivery, testified in opposition. Ms. Taysom wondered if Valenty was going to
continue to through to Laurel. She does not feel it is an appropriate place for storage units as we should
try to be improving Chubbuck. She believes a better idea would be to swap this property for the
property on Burley Drive and place City Hall here and storage units there. Ms. Taysom noted there isn’t
currently much traffic but eventually, whatever develops will increase traffic. She stated there should be
no more laissez-faire development. In addition Ms. Taysom stated she believes the area should have
fence around it. It is not aesthetic. She is glad they aren’t paving because it is starting to look like Beijing
and is raising environmental temperatures. Taysom added this is a prime opportunity to make it
something beautiful.
Mendenhall closed the public hearing brining the meeting back to the commission.
Berls, commented she realized a conflict and recused herself from the hearing.
No comments from applicant.
Holm, noted that the city will be going through the application further in design review. The
Commissioners had a brief discussion about the applicant cleaning up the front part of the parcel closest
to Yellowstone and why it was included in the plat. Hillam stated there isn’t anything that would require
the parcels to be split.
Brian Curtis, 943 Marinus, stated they don’t own or control that property. His mother-in-law owns it
and they are leasing it from her but would be willing to discuss that with her. Mr. Curtis agreed it is an
eye sore and they aim to make the area look better. They would have a 30 foot easement from the side
of the existing building.
Mendenhall entertained a motion. Smith moved to approve the CUP with the condition that it 1)
adheres to 18.12.50 of city code for supplemental controls for self-storage facilities and also 2) that
findings of fact be developed to shore up true distance for the front portion of the property where will
storage containers will not be permitted with the exception of one for marketing purposes. Stoddard
seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Smith, Yes; Stoddard, Yes; Schwartz, Yes; Carrie Holm, Yes; Mendenhall, Yes. Motion
carried.
STUDY SESSION
1.The Commission may review proposed city code text amendments by City Staff and provide input
and suggestions for changes on the following sections of draft code: 18.28 Administration Chapter
and 18.20 Planned Unit Developments (PUDs) Chapter. This discussion continues a previous study
session discussion on both items that was held previously on January 28, 2020.
Hillam presented code changes based on last month’s discussion. Mendenhall asked for clarification on
an item which refers to the Commission recommending a material change to the proposal that it then
go through another public hearing. Mendenhall requested to specify that if the applicant makes
changes that would also mean they would have to come back for another hearing. Hillam will clarify that
if the applicant makes changes or the Commission recommends a material change it will go back for
another public hearing.
Smith asked if seven days is enough time for a hearing request by the applicant before City Council.
Hillam clarified that if it’s under 20 people and they aren’t necessarily required to hold a public hearing,
seven days is the standard for written testimony. Seven days allows them to make that decision, Council
packets would go out four days before the meeting. If Mayor/Council decided a public hearing was
needed it would postpone the application 3-4 weeks. Would not be on next meeting as a public hearing
item. It could still could be heard as a business item.
Don Matson, presented PUD changes and handed out hard copies with additional updates. Changes
reflect higher standards for PUD developments. Matson noted that the housing market is changing and
prices are increasing so it is a balancing act between incentives and requirements. Matson outlined
proposed changes compared to the current code and how those relate to the Creative Community
ordinance.
Matson noted that a vehicle repair site will be put back in and that a hobby kennel was made
conditional.
Berls again raised concerns in the land use table that medium density can be R-2 and R-3, outright
permits 3 and 4-plex’s. Berls stated that most of Chubbuck is R-2 so a PUD would be outright permitted
in the middle of a single family residential neighborhood. Berls requested those be conditional use so
the resident would have the opportunity to contest. Matson stated there are additional requirements
such as a perimeter transition, zoning, and height and setback requirements.
The Commission discussed the height and density requirements. Mendenhall asked about the Antler
Ridge apartments which are right up against residential single family. Matson stated that they probably
couldn’t get that density today, they would have to follow no more than 50% higher and 50% density
requirements. Hillam stated the requirements help preserve neighborhood character. Content sensitive
designs could help reach an agreement in PUDs, perimeter design plays into that. Mendenhall stated
the changes are a good starting point. If they get applications that reflect it isn’t working they can adjust
further. Hillam noted it is a balance between density and form. Applicants will still propose uses and
the Commission can deny or modify with conditions. Some uses it will fit with MDR zone and some
where it may not. Hillam stated that form very important to the Council right now. It’s all about a
careful balance. Smith noted that developers will not pursue an infill piece if they cannot make it dense
because it’s not cost effective. Hillam stated they can make further adjustments to the perimeter
transition since height is already restricted.
Mendenhall asked about street widths decreasing with engineering recommendation. Hillam stated that
staff would support a narrower street than what is currently in code. Mendenhall stated he had private
street concerns where the HOA eventually needs it to be a public street for the city to maintain. Hillam
stated they would make sure it was still a serviceable road for sanitation trucks. Skinny streets are good
for cities. Changes to the street ordinance are on the to-do list.
Smith requested it be clarified that it is the “interior edge” of the sidewalk to the garage.
Matson presented additional changes to open space and pathways, parking, amenities, incentives, as
well as design and sign standards.
Mendenhall entertained a motion to adjourn; Schwartz made the motion. Smith seconded. All voted to
adjourn at 9:45pm.
_______________________________
Jason Mendenhall, Chairperson
____________________________________
Kami Morrison, Office Administrator
Community Planning &
Economic Development
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
NORTH BANNOCK COUNTY FIRE DISTRICT STATION CONDITIONAL USE
APPLICATION FOR A CONDITIONAL USE PERMIT- STAFF REPORT
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
MEETING ON MARCH 10, 2020
STAFF FINDINGS SUMMARIZED
Government facility is Conditionally Permitted in any 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.
Based on the evidence available at the time of this report, Staff finds that the applicant
has most likely met the requirements for approval of the conditional use permit.
FACTS
REQUEST:
An application for Conditional Use Permit for government facility (Fire Station) in a C-1
Limited Commercial Zone.
BACKGROUND:
The subject property is approx. 2 acres consisting of parcel RCCPC018000, Generally located at
444 and 446 E. Chubbuck Rd, Chubbuck, ID. Property presently has a house in the front and
fire station with office and garage bays for trucks and equipment in the back.
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:
North Bannock Fire District
APPLICANT:
North Bannock Fire District
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
P.O. 336
Pocatello, ID 83204
P.O. 336
Pocatello, ID 83204
LOCATION:
444 and 446 East Chubbuck Rd North side of Chubbuck Rd between Whitaker and the railroad
tracks
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: C-1 Limited Commercial
PROJECT SIZE: Approx. 2 acres
VIEWS: Visible from Chubbuck Rd.
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: lot with house and
multi bay building
SURROUNDING LAND USES AND ZONING:
NORTH: R-2 Limited Residential
EAST: R-2 Limited Residential C-1 Limited Commercial
SOUTH: R-2 Limited Residential C-2 General Commercial
WEST: R-2 Limited Residential C-1 Limited Commercial
TRAFFIC COUNTS:
The traffic counts available from BTPO:
Chubbuck Rd. between Yellowstone and Valenty 2015 – 12,834
Chubbuck Rd. between Whitaker and Hiline 2017 – 12,246
Chubbuck Rd. between Burley and Branson 2013 – 11,468, 2014 – 11,346, 2015 – 11,978,
2016 – 12,423, 2017 – 12,765, 2018 – 13,718
SERVICES:
ACCESS STREET: Access to the subject property will be from E. Chubbuck Rd.
FIRE PROTECTION: City of Chubbuck
SEWAGE DISPOSAL: City of Chubbuck
CULINARY WATER SERVICE: City of Chubbuck
PROCEDURES:
1.In accordance with City Code 18.28.020 and Resolution 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 March
10, 2020 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.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
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, Chapter 28, Section 40- Conditional Use Permits
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.
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 as presented 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. The applicant indicates that they will beautify the area.
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 no greater 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:
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
Staff finds that the evidence would suggest that use will have minimal impact on noise and
traffic. Applicant indicates that sirens will not be deployed until trucks are on Chubbuck Rd.
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 property would be cleaned up and maintained 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:
Staff finds no evidence to suggest aesthetic change in the property other than to improve the
site as proposed.
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:
Government facilities may be conditionally permitted in any zone.
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 an existing parcel with no additional buildings or public
improvements 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:
The applicant has committed to maintaining the property to make it appealing to neighbors
and visitors.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
13.Any permit granted hereunder may designate the exact location and nature of the permitted
development.
Staff Analysis:
The applicant will be mainly using the North portion of the property for this use.
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 any additional public facilities or service are needed.
15.Any permit granted hereunder may require more restrictive standards than those otherwise
required by this title.
Staff Analysis:
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:
A Phase-1 environmental survey has been conducted on the property. 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
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
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: February 24, 2020
*Staff comments in this report are based solely
upon evidence available at the time of the report.
Additional information may be brought to light at
or before the hearing.
EXHIBITS:
1.Application for Conditional Use
2.Conditional Use Questionnaire
3.Maps
a.Vicinity / Site
b.Zoning
4.Evidence of Notices (on file w/ staff)
Community Planning &
Economic Development
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
ARX CONDITIONAL USE
APPLICATION FOR A CONDITIONAL USE PERMIT- STAFF REPORT
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
MEETING ON MARCH 10, 2020
STAFF FINDINGS SUMMARIZED
Laboratory Research and Light Manufacturing is Conditionally Permitted in a C-2
General 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.
Based on the evidence available at the time of this report, Staff recommends approval
of the conditional use permit.
o Recommended Condition of Approval: If the use and operation turns out to be
different (more Intense) than what is represented in the application, the use
will be revisited by the commission and may be subject to revocation of the
permit.
FACTS
REQUEST:
An application for Conditional Use Permit for research and development, light manufacturing,
and retail sale of energy products in a C-2 General Commercial Zone.
BACKGROUND:
The subject property is a portion of the building not used by Planet Fitness, Generally located
at 4235 Yellowstone, Chubbuck, ID. Property was formerly occupied by Herbergers retail store.
The building is attached to the Pine Ridge Mall to the South.
The same project was approved in the Shopko building but they were unable to secure that site, thus
this is a new choice of location.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
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:
Pine Ridge Mall JC, L.L.C.
Rob Kingsbury
4155 Yellowstone Ave
Chubbuck, ID 83202
APPLICANT:
ARX Ventures
c/o TJ Budge - Racine Olsen
PO Box 1391
Pocatello, ID 83204
LOCATION: 4235 Yellowstone the Pine Ridge Mall (former Herbergers retail store)
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: C-2 General Commercial
PROJECT SIZE: Approx. 8.33 acres
VIEWS: Visible from the Mall Ring Road
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: Building and Parking
Lot
SURROUNDING LAND USES AND ZONING:
NORTH: C-2 General Commercial
EAST: C-2 General Commercial
SOUTH: C-2 General Commercial
WEST: C-2 General Commercial
TRAFFIC COUNTS:
The traffic counts available from BTPO:
Hawthorne Rd North of Mall entrance 10,411 in 2014
Hawthorne Rd South of Mall entrance 9,722 in 2014, 10,490 in 2015, 10,094 in 2016
Quinn Rd. East of mall entrance 11,374 in 2018,
Quinn Rd. West of Mall entrance 8,147 in 2014, 8,504 in 2018
Yellowstone between I-86 and Bullock 33,104 in 2016
SERVICES:
ACCESS STREET: Access to the subject property will be from Mall Rd. that accesses off of
Quinn, Hawthorne, and Yellowstone
FIRE PROTECTION: City of Chubbuck
SEWAGE DISPOSAL: City of Chubbuck
CULINARY WATER SERVICE: City of Chubbuck
PROCEDURES:
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
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 March
10, 2020 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, Chapter 28, Section 40- Conditional Use Permits
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.
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 as presented 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.The
applicant indicates that there will be little noise, odors and waste from the proposed use.
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. A fully occupied building being kept up, is likely positive on the neighboring
buildings and businesses.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
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 no greater than if the strict terms
were satisfied. The historical retail use could tend to generate more tips per day than the
proposed use.
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 could be less 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 not be changed on the exterior thus limiting the hardship on surrounding
property owners. The applicant has represented that noises, odors, and waste from the
operations will be minimal and thus there should be nothing which would affect adjoining land
owners.
6.Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands.
Staff Analysis:
Staff finds no evidence to suggest aesthetic change in the property or buildings since no
changes to the site are proposed.
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:
Light manufacturing and laboratory research is conditionally permitted in a C-2 General
commercial zone.
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.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
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 an existing 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 Pine Ridge Mall and other businesses 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 for interior remodel, no exterior changes
to the existing building other than signage 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 any additional public facilities or service are likely needed.
15.Any permit granted hereunder may require more restrictive standards than those otherwise
required by this title.
Staff Analysis:
Staff would recommend a condition that if the use turns out to be different (more Intense) than
what is presented in the application that it will be revisited by the commission.
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.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
EXAMPLE MOTIONS
APPROVAL (WITH CONDITIONS):
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having
found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve
the Conditional Use Permit as described in the application materials with the following conditions:
1.……………. (if found necessary by LUDC).
APPROVAL (WITHOUT CONDITIONS):
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having
found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve
the Conditional Use Permit as described in the application materials.
DENIAL:
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having
found that those criteria for approving a Conditional Use Permit request are not satisfied, I move to
deny the Conditional Use Permit request as described in the application materials.
I find that the petition fails to comply with… [CITE SPECIFIC STANDARD WHICH IS NOT MET AND
DESCRIBE WHY IT WAS NOT MET]
REPORT BY: Paul Andrus
pandrus@cityofchubbuck.us
(208) 237-2430 ext. 109
REPORT DATED: February 26, 2020
*Staff comments in this report are based solely
upon evidence available at the time of the report.
Additional information may be brought to light at
or before the hearing.
EXHIBITS:
1.Application for Conditional Use
2.Conditional Use Questionnaire
3.Maps
a.Vicinity / Site
b.Zoning
4.Evidence of Notices (on file w/ staff)
City of Chubbuck
Land Use Application
T}IUBBUCI(CONDITIONAL USE PERMIT
CHANGE OF LAND USE DISTRICT
VARIANCE
ANNEXATION & ZONING
COMPREHENSIVE PLAN CHANGE
t0flll0
City Official
2:00 PM !l!For thc I-and L;sc Mccting of
l. Name of Applicant:
Mailing Address:
1 0
ARX Ventures, LLC Phone (208) 232-6101
c/o TJ Budge
Emailaddress: tj@racineolson.com
2. Filing fee of $340.00 lus $ 36.00 for: l61nl $ 376.00
[ ($1.50 per notification mail-outs for Conditional Use Permits.), owners and occupants.
tr ($f.OO per notification mail-outs for annexations, zone changes.), owners and occupants
Paid to the City Clerk on
ect location: Former Herberger's space within the Pine Ridge Mall at 4235 Yellowstone Ave,
,20 _ Initials _ Receipt #
3, ProJ
2 2 0
Chubbuck, lD 83202. Lot 1, Block 1, Pine Ridge Mall Re-Plat, lnstrument No.21708589
4
5
6
7
Existing Land Use District:General Commercial (C-2)
Describe Propo sal. Research and development, light manufacturing, and retail sale of energy products
The approval of this exception does not sanction the violation of any ordinance.
I attest to the truth and exactness ofall information supplied on this application. I will develop or
use the subject property as set forth herein.
,@
Signature oJ Applicanr
PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION
Earnest Money Agreement - ot - g Warranty Deed Copy
l8 X 24 Drawings (as listed below)
8 l/2 X I I Drawings (as listed below)
Digital PDF copy of documents and drawings e-mailed or on jump drive as much as possible.
Please attach a legal description of the property.
Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 sets.)
Business License Application
Other Assessments or Studies:
STANDARDS FOR ILLUSTRATIVE DRAWINGS:
The intent of these standards is to produce drawings when required or necessary/or illustration of good clarity, accuracy
and completeness for use by the City Land Use & Development Commission and the City Council.
Size: l-l8" x 24" minimum
l-81/2" x 11" reduction of 18" x 24" drawing
Scale: Site plan l:20 minimum
Floor plan l/4" = 1' - 0" minimum
Revised: 5-9_2019, pBA
Date
0 2 1 0
FI.llFT.-l I ffi Application l)cacllinc:
Ztrtrtrtru o"t.'l-Frl-Tlr[Tl
Racine Olson, PLLP, PO Box 1391, Pocatello, ldaho 83204-1391
!tr
EZa
trtr
Gonditiona! Use Permit
Questionnaire
ARX Ventures, LLC
---\
T}lUBBUTI(
t0!ll0Applicant:
Address:9604 Pinkney Ct.
City:
State:
Potomac
zip:20854
1. Describe how this application will be beneficial to the neighborhood or otherwise loster public health, salety
or welfare.
This development will revitalize the former Herberger's space in the Pine Ridge Mall which has been vacant since Herberge/s
closed in April 2018. A portion of the space is currently occupied by Planet Fitness. Most of the space remains vacant
This application will return the remainder of the space to productivity, bringing jobs and vitality to the neighborhood.
2. How will this Application produce a positive impact on transportation facilities, public utilities, public parks
or the natural environment?
Productive use of the property will generate revenue to support transportation facilities, public utilities, public parks and
the natural environment. The proposed use of the property will not create adverse impacts. Refuse will consist of used
pallets, cardboard, and recyclable metals and plastics. No toxic malerials are used in the process and there will be no refuse
requiring special handling
4. what account has been taken ol the character and use ol 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?
This proposal does not seek to change the character of the property or the land in the vicinity of the property. The property
will be used for research and development, light manufacturing, assembly, and retail purposes. There will be no business
activilies on the exterior of the building except for employee and custom€r parking and delivery vehicles. The business
will not generate noise, odors, or visual impacts outside the building. The only residences within 300'are the Pine Ridge
Mall Apartments which are separated by the Mall parking lot, the road circumscribing the Mall, and large trees that
buffer the apartment complex from the Mall. The proposed use will benefit surrounding businesses by bringing employees
and customers to the area. There will be no adverse impact on surrounding uses
l oI 3 Revised l-25-2017 PBA
MD
3. What account has been taken oI noise and tratfic conditions in the vicinity ol the land lor which the
application is sought?
Traffic is expected to be less intense than occurred when Herberge/s occupied the property.
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?
This proje ct will have no adverse impact on surrounding property owners. As explained above, there will be no changes to
the property
6. What considerations have been given to the aesthetic qualilies ol the proposed use and surrounding lands?
This project will maintain the current aesthetic qualities of the property. The facade may be improved at some point.
Having the property occupied will negate the blight issues that often surround vacant commercial properties
7. Address how adverse impacts on other developments within the City have been minimized as much as
possible.
There will be no adverse impacts on other developments within the City; rather, renewal of the property will bring employees
and customers which will add value to other developments within the City
exterior of the building, with the goal of opening for business within 90-'120 days
9. How will the development be properly maintained?
The properly will continue to be maintained in good condition and repair as part of the Pine Ridge Mall complex
2ol3
Revised I 25-2017 PBA
the physical characteristics of the property, and use of the property will be less intensive than when Herberger's occuPied
8. Describe the sequence and timing of the proposed development.
Upon satisfaction of all contingencies and issuance of building permits, improvements will be made to the interior and
Conditional Use Permit Questionnaire
1 0 Designate the exact location and nature oI the development.
Former Herberger's building within the Pine Ridge Mall
12. List which, if any, studies of social, economic, or environmental effect have been required of this
applicalion. (Examples: Trallic Study, Water or Sewer Capacity Study, Storm-Water Drainage, etc.)
No studies are needed
3ol 3 Revised I 25-2017 I'llA
11. Which on-site or ofl-site public services are required lor this development? (E.9. - Sanitation, Water,
sewer, other.)
Public sanitation, \,vater, sewer and gas are cunently available to the property. No additional services are required.
SubjectProperty
21708590
QUITCLAIMDEED
For value rcccivcd
F & F DE\ELOPMENT, L.L.C. (a MISSOIJRI LIMITED UABIUfi COMPANY-)
do hcicby coov.y, rclcasc, acmisc and forcvc! quit clail! unto
PINE RIDGE MALL JC, LL.C. (a MISSOURI LIMITED LIABILITY COMPAND
\rhose curcnt address is
221 BolivEr Sl., Suitc 400, J.fr.rson City, MO 65101
the followilg dGcribcd premiscs, to-wit:
Irt l, Lot 2, Lor 3, Lot 4, Lot 5, Lot 6, Lot 9 ald Lot l0 ofBlock I Pirc Ridgc Mall Rc- .
Plat, Bauock County, Idaho, as tbc s..mc app..rs on tbe official plat lhcrtof, filcd in thc
f"iiTi"SEb":coder
of Bannock Couory, Idallo, pcr Rlcordcd Inst. No.
together with their appurtcirlaoces.
Dated: l{:ay 9,2017
Rob KiDgsbury, Aulhorized AgcDt, F & F Devcloprrnq L.L.C
O! this \ O day of MaY ,2011 ,
before mc. a ootary public in aDd for said Sratc, Pe$onfldl IAL
appcare.d Rob Kingsbury, kDowD or idcntiEcd to rr @ifi0C
audlorizcd ageot for F & F DcvelopmeDt, L.L.C. (a
Missoud Limitcd Liability Company), t}e limited liability
compaoy that cxcclrlad thc forcgoing insEumcnt and
acloowledged to me that hc executcd thc salDc oD behaf of ?
rhe liElited liability compatry.
ur
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STATE OF MISSOURI
COUNTY OF COLE
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PINB RIDGE MALL JC, L.L.C.
Febluary 7,2020
Via E-mail; pandrus(i)cityofchutrbuck.us
City ofChubbuck
Comrnunity Planning and Economic Developrnent Department
5 160 Yellowstone Avenue
Chubbuck, lD 83202
Re : Authorization fol ARX Ventures, LLC, to lile CUP Application (prior Herbergers)
Dear Mr. AndlLts,
Piue Ridge Mail JC, L.L.C., orvns the Pine Ridge Mall il Chubbuck, Idaho, We lecently signed
an agreemelt to lease to ARX Ventures, LLC, that portion of the fonnet Het bergers space that is
not currently occupied by l'lanet Fitness. This letter constitules tlre t:rall owner's authorization for'
ARX Ventures, LLC, to file an application for a CUP in connectiol with such lease.
Very lruly yor.rs,
PINE RIDGE MALL JC, L.L.C.
By:--€/=1
Rob Kingsbury, Authorize Agent
EAr OUAerEi COR,€i 0a SaCrOll
.tircrurroi dfi rb 2620i6
PINE RIDGE MALL RE.PLAT
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PINE RIDGE MALL JC, L.L.C.
221 BOLIVAR ST
JEFFERSON CITY, MO 65101-1584
SPIRIT MASTER FUNDING II LLC
C/O SPIRIT REALTY CAPITAL
11500 ASH STREET
LEAKWOOD, KA 56211
NOEL K BRENEMAN FAMILY
PARTNERSHIP
C/O PIN E RIDGE MALL MGMT OFFICE
4155 YETLOWSTONE AVE
CHUBBUCK, IDAHO 83202
THE BUCKLE
BRENT MILKE
2407 W 24TH STREET
KEARNEY, NE 68847
PRICE REAL ESTATE
NATE COVINGTON
4155 YELLOWSTONE STE 1152
CHUBBUCK, ID 83202
MAURICE.S
ATTN: LEASE ACCOUNTING
30 DUNNIGAN DR.
P.O. BOX 629
SU FFERN, NY 10901
PREIZ LE MAKER
JUSTIN SMITH
30 N STATE STREET
MORGAN, UT 84050
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PINE RIDGE IDAHO LLC
4359 YELLOWSTONE AVE
CHUBBUCK, ID 83202
C&G YETLOWSTONE PROPERTY LLC
1O2O K OSWALD RD
YUBA CrW, CA 95991
SHOE DEPT ENCORE
ROBERT TUCKER
PO BOX 648
coNcoRD, Nc 28026-0548
LANEIGE BRIDAL
KENT HANAWALT
1825 SWINGLEY RD.
MCLEOD, MT 59052
CHRISTOPHER & BANKS
LEASE ADMINISTRATION
24OO XEN IUM LANE NORTH
PLYMOUTH, MN 55441
BATH AND BODY
LBRANDS REAL ESTATE SERVICES
P.O. BOX 182799
COLU M BUS, OH 432L8-27 99
ROSEMARY YNDA
STORAGE TENANT ONtY
338 SO. 19TH AVE.
POCATELLO, ID 83201
HAILE TEKLE
4501 213t ST
MOUNT RAINIER, MD 2O7I2
JUMP IN
CHRIS ]OHNNIE
1855 CANYON RIDGE DR.
NORTH LOGAN, UT 84341
C tAIR E,S
HEATHER RUIS
3 5W 129TH AVENUE
PEMBROKE PINES, FL 33027
CAMP FIRE USA
ANN SEAMONS
4155 YELLOWSTONE STE 1131
CHUBBUCK, ID 83202
SNAPPY'S
CHRIS JOHNNIE
1855 CANYON RIDGE DR.
NORTH LOGAN, UT 84341
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o€6pl dndqd a6oda or aufl 6uqe puag
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AMERICAN RED CROSS
ERIC HORTON
5380 FRANKLIN ROAD
BOTSE, rD 8370s
GIRL SCOUTS
ERIC LANDALUCE
8948 W. BARNES ST.
BOTSE, rD 83709
LAWRENCE FAMILY LIMITED
PARTNERSHIP
c/o WALGREENS
PO BOX 115
DEE RFIELD, IL 60015
FISHER FAMILY TRUST
PO BOX 4410
MCCALt, TDAHO 83638
RUE 21
REAL ESTATE LEGAL DEPARTMENT
8OO COMMOMWEALTH DR
WARRENDALE, PA 15086
Planning & Development Department
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
Page 1
Memo
To: Land Use & Development Commission
From: Devin Hillam, Planning & Development Director
Date: February 14, 2020
Re: A proposal by city staff to replace existing Chapter 18.28 Administration of the Land Use
Ordinance with a rewritten chapter 18.28 Administration, setting forth a new scope, procedures,
requirements, and review and approval criteria for conditional use permits, variances,
comprehensive plan amendments, title text and map amendments, annexations, appeals of
administrative and land use and development commission decisions, and for requests for
reconsideration of City Council decisions.
BACKGROUND
Chapter 18.28 of the Chubbuck City Code establishes procedures, requirements, and review and approval
criteria for various permits and approvals, including conditional use permits, variances, comprehensive
plan amendments, title text and map amendments, annexations, appeals of administrative and land use
and development commission decisions, and for requests for reconsider ation of City Council decisions.
The existing code contains several problems relating to inconsistencies in notice requirements and
approval criteria when compared with the requirements of Idaho Code and lacks procedures and review
criteria for important policy-level decisions related to annexations, comprehensive plan amendments, and
zoning by development agreement.
Following a discussion of the issues and possible remedies with the City Council on January 15, 2020, City
Staff took the concerns and a draft overhaul amendment to the Land Use and Development Commission
twice for discussion at study sessions on January 28 and February 11, 2020. The proposal before the
Commission for the hearing on March 10, 2020 is the culmination of the dialogue during the study
sessions and the proposal is now ready for a public hearing wherein the Commission will hear public input
and determine whether to make changes to the document prior to sending it to the City Council or to
recommend the draft as presented.
STAFF RECOMMENDATION
Staff finds that the draft code satisfies the criteria necessary to recommend approval of the title text
amendment to the City Council, with the two criteria being:
1. The proposal does not conflict with the policies of the Comprehensive Plan; and
2. The proposal will not result in demonstrable adverse impacts upon the delivery of services by
political subdivision.
Page 2
FACTS
PETITIONER:
City of Chubbuck
Attn: Planning Depart.
P.O. Box 5604
Chubbuck, ID 83202
(208) 237-2430
APPLICABLE LAWS AND PLANS:
1. Idaho Code
a. §67-6511, Zoning Ordinance
i. Notices of the hearing provided in accordance with Idaho Code
2. Chubbuck Comprehensive Plan (as amended)
3. Chubbuck City Code
a. Notices of the hearing provided in accordance with City Code Chapter 18.28
DECISION-MAKING CRITERIA
#1: IC 67-6511- Zoning amendments to not conflict with the policies of the Comprehensive Plan
With regards to Chapter 18.28, the Comprehensive Plan is fairly silent except for some guidance that could
pertain to various approval criteria that are addressed in the new Chapter 18.28 which would require an
evaluation for annexations, which refines compatibility of land uses and zoning for land use district change
proposals and for conditional use permits. Upon review, Staff finds no conflict with the Plan (Available at
https://cityofchubbuck.us/wp-content/uploads/2018/01/2002-Comprehensive-Plan.compressed.pdf);
specifically, the following goals, objectives, and policies may have some application to the proposal:
GOAL OBJECTIVE POLICY
Land Use Chapter
LU 1: Direct urban
growth to urban infill
areas
1.1: Strongly protect
prime agricultural land
from development
sprawl
b. Make careful assessment of the costs and
benefits of annexation
c. To discourage sprawl and promote compact
development patterns, all new development
projects shall be located within the City limits and
the USB. All new development shall be provided
with adequate public facilities and services,
including water, sewer, roads, parks, schools,
police, and fire protection.
1.2: Coordinate the
provision of public
services and
infrastructure with
proposed land use
b. Prohibit the extension of City services outside of
the USB
Page 3
LU 5: Encourage
compatible land uses
5.1: Encourage a
transition of land use
from low-intensity land
uses (i.e., residential,
quasi-public public) to
higher intensity land
uses (i.e., commercial
and industrial).
Purposefully arranged
land use transitions
avoid conflicting uses
while keeping distances
between uses short
enough to facilitate
communications,
transportation, and
human activity between
them.
a. Adhere to land use designations on the
Comprehensive Plan Map.
b. Use a combination of zoning, performance
requirements, site planning, and transportation
routes to create the highest level of compatibility
between adjacent uses while retaining a
complementary mix of possible uses between
neighborhoods and communities.
d. Closely work with residents and business
owners to develop refinement plans that define
acceptable uses and appropriate performance
standards.
g. Ensure an adequate supply of commercial land
sensitive to market needs
5.2: Encourage a mix of
compatible uses in new
neighborhoods and in
redevelopment areas.
a. Use design standards to encourage
compatibility of mixed use development with
surrounding areas.
b. Locate mixed-use areas along Yellowstone
Avenue and in new neighborhoods
Transportation Chapter
T 1: Provide for safe and
free-flowing traffic for
all modes of
transportation
1.6: Use innovative
financing strategies to
fund transportation
improvements
b. Encourage the formation of local improvement
districts to help facilitate the construction of
future street improvements and the improvement
of existing street facilities.
Government Services Chapter
GS 3: Support the
coordination of effective
and efficient provision
of private utilities to
current and future City
residents
3.2: Coordinate private
and public development
with private utility
provision
a. Establish development standards for
commercial and residential developments that
assure effective and efficient public maintenance,
if events require, such standards may dictate
construction materials, right-of-way and easement
widths, and other matters.
Housing Chapter
H 1: Respond to housing
needs
1.2: Protect residential
property values
a. Use a combination of zoning, development
standards, site planning guidelines, and
transportation routes to protect residential
property values. They will be used to create the
highest level of compatibility between adjacent
uses possible which retaining a synergistic mix of
uses within neighborhoods and communities.
b. Diligently enforce city codes and ordinance on
junk, property maintenance, and other nuisance
situations
Page 4
c. Create and enforce development standards that
increase the requirements for services and
amenities as project density increases.
#2: IC 67-6511- Zoning amendments to not result in demonstrable adverse impacts upon the delivery
of services by any political subdivision providing public services, including school districts, within
the planning jurisdiction.
Staff does not anticipate any negative impacts upon the delivery of services to the City nor other political
subdivisions providing services in the City.
Disclaimer:
*The information presented in this document is based solely upon evidence available at the time of the report.
Additional information may be brought to light at or before the hearing.
Report Prepared by:
Devin Hillam
Community Planning & Economic Development Director
dhillam@cityofchubbuck.us
Date: February 13, 2020
ATTACHMENTS:
1. Proposed Chapter 18.28 Administration
2. Current Chapter 18.28 Administration
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2/14/2020 PROPOSED VERSION- FOR PUBLIC HEARING W/ LUDC ON 3/10/2020
18.28 ADMINISTRATION
18.28.10: SCOPE; SUMMARY TABLE OF PROCEDURES
A. Scope: The administrative procedures set forth in this chapter apply, except as otherwise
indicated, to applications or petitions for design review clearance, issuance of conditional
use permits, granting of variances, revisions of use districts, and any other amendment of
this title or of the city's comprehensive plan. This Chapter does not apply to other specific
procedures in other chapters or titles unless specifically listed in said other chapters (i.e.,
design review, creative community, planned unit developments, plats, etc.).
B. Summary Table of Procedures:
R= Recommendation; D= Decision; A= Appeals; PH= Public Hearing; PM= Public Meeting
PWD= Public Works Director; LUDC= Land Use & Development Commission; CC= City
Council
Procedure Code Cross-
reference
Description PWD LUDC CC
Conditional Use Permit Generally PH-D PM-A
Minor
Modification
D PM-A PM-A
Major
Modification
PH-D PM-A
Variance Generally PH-D PM-A
Administrative D PM-A PM-A
Comprehensive Plan Amendment
(Map or Text)
PH-R1 PM-D
Title Amendment (Map or Text)
& Initial Zoning Designation
PH-R1 PM-D
Annexation PM-D
Requests for Reconsideration PM-D
Notes:
2
1. If the Commission recommends a material change to the proposal or if the applicant makes
a material change to the proposal other than which was initially presented at the hearing,
the Commission shall give notice of its proposed recommendation and conduct another
public hearing concerning the matter prior to making a recommendation to the City
Council.
C. Public Hearing Notice Requirements:
Procedure Post on
Site1
Surrounding
Property Owner
Mailing2
Agency/Political
Sub./Utility
Notice3
Publication in
Official
Newspaper4
Posted on
City’s Website
and on Notice
Bulletin5
Notice
to
Media
as PSA6
Conditional Use Permit- General Yes Yes Yes Yes Yes No
Conditional Use Permit- Minor
Modification
No
No
No
No
No
No
Conditional Use Permit- Major
Modification
Follow General CUP Process and Requirements
Variance- General
Yes
Yes
Yes
No
No
No
Variance- Administrative No No No No No No
Comprehensive Plan
Amendment- Map
Yes Yes Yes Yes Yes Yes
Comprehensive Plan
Amendment- Text
N/A N/A Yes Yes Yes Yes
Title Amendment- Map Yes Yes Yes Yes Yes No
Title Amendment- Text N/A N/A Yes Yes Yes No
Annexation (Does not include
initial zoning designation)
Follow requirements established in Idaho Code 50-222 depending on category of annexation
Initial Zoning Designation Yes Yes Yes Yes Yes No
Requests for Reconsideration PM-D
Notes
1. Post Notice on Site: At least fifteen (15) days before the hearing, signs shall be placed
in at least one location on the subject property at a location deemed most visible to the
public by the Public Works Director. To increase visibility, the Public Works Director
may post more than one sign per project.
2. Surrounding Property Owner Mailing: At least fifteen (15) days before the hearing,
notice of the time and place, and a summary of the proposal shall be sent via USPS to
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property owners of record per the Bannock County Assessor. Except for Variances, all
notices required to be send to surrounding property owners shall be at a radius of at
least 300’ from the external boundaries of all contiguous lands owned by the applicant
or applicants of the subject property for which the permit is sought, and may include
any addition land which the Public Works Director deems may be substantially
impacted. Notices for variances shall be required to be sent only to adjoining
landowners; for purposes of this section, “adjoining” shall mean property owners
across the street. When notice is required to two hundred (200) or more property
owners or purchasers of record, sufficient notice shall be deemed to have been provided
if the city provides notice through a display advertisement at least four inches (4") by
two (2) columns in size in the official newspaper of the city at least fifteen (15) calendar
days prior to the hearing date, in addition to site posting on all external boundaries of
the site.
3. Agency, Political Subdivision, and Utility Notice: Except for variances, at least fifteen
(15) days before the hearing, notice of the time and place, and a summary of the
proposal shall be sent via USPS, or via a method otherwise requested by the entity, to
the following agencies: Bannock County, City of Pocatello, Pocatello-Chubbuck
Auditorium District, Portneuf Library District, School District #25, Pocatello Airport,
Fort Hall Irrigation Project, Idaho Fish and Game, Idaho Transportation Department,
United States Postal Office, Idaho Public Health District #6, Bannock Transportation
Planning Organization, Idaho Power, Cable One, Century Link, Intermountain Gas,
and any other entity deemed appropriate by the Public Works Director. Notice of
variance application shall only be required to be sent via USPS, or via a method
otherwise requested by the entity, to the manager of the Pocatello Airport.
4. Publication in Official Newspaper: At least fifteen (15) days before the hearing, notice
of the time and place, and a summary of the proposal shall be published in the
newspaper named in city code chapter 2.24.
5. Posted on City’s Website and on Notice Bulletin: At least fifteen (15) days before the
hearing, notice of the time and place, and a summary of the proposal shall be posted on
the City’s webpage and on the City’s public notice bulletin board in City Hall.
4
6. Notice as a PSA: At least fifteen (15) days before the hearing, notice of the time and
place, and a summary of the proposal shall be sent to other papers, radio, and television
stations serving the city for use as a public service announcement.
18.28.020: CONDITIONAL USE PERMITS (C.U.P.) PROCEDURES
A. Applicability: Conditional or special use permits are those which are not allowed outright
within a zone but may be allowed only if certain conditions of approval are satisfied. The
purpose of this section is to prescribe the procedure for the accommodation of uses with
special site or design requirements, operating characteristics, or potential adverse effects
on surroundings. This procedure shall apply to all proposals for which a CUP is required
by city code.
B. Design Review Committee Review to Occur Prior to Making Application: Prior to making
application for a CUP, where a design review approval is required by Chapter 18.16 or
elsewhere in City Code, the applicant shall first obtain a design review clearance of the
project such that the Committee may review and relay technical details of the project as
they relate to this or other titles of City code. A design review approval does not constitute
approval of the use and the Land Use and Development Commission may attach more
stringent requirements upon a CUP than the Design Review Committee.
C. General Requirements and Procedures:
1. Authority to Apply: Any person who owns or has a contractual interest in real
property governed by this title may apply for a conditional use permit. A
conditional use permit is issued to the applicant authorizing applicant to use the
property for the use specified in the permit and subject to any conditions imposed
upon the use. The Public Works Director may require the submission of special
studies related to the social, economic, fiscal, and environmental effects and any
aviation hazard as defined in Idaho Code section 21-501(2) along with the
application.
2. Complete Applications Due 30 Days before Hearing: Complete applications
containing the required information and in the format prescribed by the Public
Works Director and all fees as established by resolution of the Council shall be
submitted to the Public Works Director at least thirty (30) calendar days before the
5
desired hearing. In the event that an application is deemed incomplete and
additional information is required from the applicant, the Director may remove the
item from the desired meeting’s agenda.
3. Notification Requirements: Notices for the public hearing shall be provided in
accordance with section 18.28.10.C.
4. Public Hearing: A public hearing shall be held by the Land Use and Development
Commission in accordance with procedures adopted by City Council resolution. At
the public hearing, the Commission shall receive pertinent evidence concerning the
proposed use and the proposed conditions under which it would be operated or
maintained, particularly with respect to the standards of approval in Section
18.28.020.C.5.
5. Standards for Approving a CUP: A CUP may only be approved if the Land Use and
Development Commission makes affirmative findings of fact on each of the
following standards:
a. The proposed use is conditionally permitted in the subject land use district
and complies with all of the applicable provisions of city code unless
modified through the conditional use permit process;
b. The proposed use is generally not in conflict with the goals, objectives, and
policies of the adopted Comprehensive Plan.
c. The proposed use is compatible with other existing and permitted uses in
the general vicinity.
d. The proposed use would not place an undue burden on transportation, police
and fire protection, water/sewer, schools, police and EMS protections, and
other public facilities, or agencies, in the vicinity.
e. The proposed use is harmonious in scale, mass, coverage, density, and
intensity with all adjacent permitted land uses.
f. The proposed use, if it complies with all conditions imposed, will not
adversely affect other properties or the environment in the vicinity to a
materially greater extent that would uses permitted outright by this Code.
6. Conditions of Approval: It is not the intent of this Section to restrict or specify the
design proposed or to specify the exterior detail or design, color, or materials,
6
except as such detail is of such magnitude as to affect the general appearance and
compatibility of the development with its surroundings. In order to make
affirmative findings relating to the standards established in section 18.28.020.C.5,
the Commission may condition approval of the permit on compliance, including
but not limited to, the following:
a. Conformity to approved plans and specifications;
b. Provision of open spaces, pathways, buffer strips, walls, fences,
landscaping, and lighting;
c. Minimizing adverse impact on other development;
d. Controlling the sequence and timing of development;
e. Assuring that development is maintained properly;
f. Designating the provision of on-site or off-site public facilities or services;
g. Requiring more restrictive standards than those generally required by the
Code;
h. Requiring the mitigation of effects of the proposed development upon
service delivery to the property by any political subdivision, including
school districts.
7. Requiring Special Studies: Prior to making a decision or as a condition of approval,
the Land Use and Development Commission may require the submission of special
studies related to the social, economic, fiscal, and environmental effects and any
aviation hazard as defined in Idaho Code section 21-501(2).
8. Variance or Waiver to Development Standards Included in Permit: Pursuant to
Idaho Code section 67-6512(f), the Land Use and Development Commission may
approve, in accordance with notice and approval criteria in Section 18.28.030, a
change from required standards located in this Title. The application must specify
the changes being requested and address the approval criteria via narrative. When
an application contains both requests, only the fee for a conditional use permit shall
apply.
9. Effective Date: The decision of the Land Use and Development Commission shall
be effective ten (10) calendar days from the date that the findings of fact and
conclusions of law is approved by the Chair.
7
10. Application Resubmittal: No application for a conditional use permit that has been
denied by the Commission or City Council shall be resubmitted in either the same
or substantially same form less than one (1) year from the date of the final action,
unless specifically authorized by the granting body during the final action decision.
11. Regulatory Takings: Denial of a CUP or approval of the same with conditions
unacceptable to the landowner may be subject to the regulatory taking analysis
provided for by Idaho Code section 67-8003, consistent with requirements
established thereby.
D. Modifications to Approved CUPs
1. Minor: The following are deemed minor and may be administratively approved by
the Public Works Director:
a. A reduction in residential density that does not exceed twenty-five percent
(25%) of the total units;
b. A relocation of dwelling units or building pads for some practical reason
such as road alignment, topography, access, solar access, or stability in
hillside areas;
c. A change in phasing plan;
d. A modification to the recreation area or open space design, but not including
elimination or significant reduction of greater than ten percent (10%);
e. An increase or decrease in the proposed setback as long as Code
requirements are met; or
f. Similar changes as determined by the director;
2. Major: Those items not deemed minor by the public works direction are hereby
deemed major and may be approved by the Land Use and Development
Commission only after following the notice, fee requirements, and hearing
procedures established by this Chapter.
E. Regulatory Takings Analysis: Denial of a CUP or approval of a conditional use permit with
conditions unacceptable to the landowner may be subject to a regulatory taking analysis
provided for by Idaho Code section 67-8003, consistent with the requirements established
thereby.
8
F. Term of Approval: Unless a longer time shall be specifically established as a condition or
allowance of approval, a conditional use permit shall lapse and become automatically void
one (1) calendar year following the date on which such permit became effective, unless
prior to expiration, the use has commenced and all conditions of the permit are satisfied.
G. Extension: A CUP subject to lapse may be renewed by the Public Works Director one time
for up to additional two (2) years provided that prior to the expiration date, a written
petition is filed at least thirty (30) days prior to lapse with the Public Works Director and
that the director finds that none of the following circumstances existing; in the event that
the director finds that any of the following exist, the extension request shall be denied and
the applicant may appeal through the usual appeals process or may apply for a new
conditional use permit:
1. There have been significant amendments to the Comprehensive Plan or Land Use
ordinance which will affect the conditional use permit;
2. There have been significant land use changes in the vicinity which would adversely
impact the project or which would be adversely impacted by the project;
3. There are hazardous situations which have developed or have been discovered in
the area.
H. Approval is Non-Transferrable and Runs with the Land: A CUP is non-transferable from
one (1) parcel of land to another and shall run with the land and continue to be valid upon
a change of ownership of the site or structure, providing however that the new owner
complies with the permit.
I. Revocation of Permits: CUPs may be revoked by the Public Works Director at any time if
it is determined that any condition of the CUP or any other city code is being violated. Prior
to revocation, the applicant shall be afforded thirty (30) days after the date of notification
of noncompliance/intent to revoke to become compliant. Additionally, prior to revocation,
the applicant shall be afforded an opportunity for a hearing before the Council; said hearing
must be requested within seven (7) calendar days of receipt of the notice of intent to revoke
the conditional use permit. Failure to come into compliance within thirty (30) days of the
notification of noncompliance and failure to request such a hearing will result in immediate
revocation of the approved CUP and may constitute a violation of this Title.
18.28.030: VARIANCES
9
A. Applicability: A variance shall not be considered a right or special privilege but may be
granted upon a determination by the decision making body that the approval criteria as
satisfied. A variance pursuant to this Chapter shall not apply to variances as described in
Chapter 15.54 Flood Damage Prevention, nor shall it apply to parking requirements. A
variance is defined as the modification of the bulk and placement requirements of the Land
Use Ordinance as to one (1) or more of the following items only:
1. Minimum lot area (square feet);
2. Minimum lot width and depth;
3. Minimum lot frontage;
4. Minimum front yard setback;
5. Minimum rear yard setback;
6. Minimum side yard setback;
7. Maximum building or structure height;
8. Any other land use ordinance provision affecting the size or shape of a structure or
building or the placement of a structure or building upon a lot, or the size of lots.
B. General Requirements and Procedures:
1. Authority to Apply: Any person who owns or has a contractual interest in real
property governed by this title may apply for a variance.
2. Complete Applications Due 30 Days before Hearing: Complete applications
containing the required information and in the format prescribed by the Public
Works Director and all fees as established by resolution of the Council shall be
submitted to the Public Works Director at least thirty (30) days before the desired
hearing. In the event that an application is deemed incomplete and additional
information is required from the applicant, the director may remove the item from
the desired meeting’s agenda until such information is received and the application
deemed complete.
3. Notification Requirements: Notices for the public hearing shall be provided in
accordance with section 18.28.10.C.
4. Public Hearing: A public hearing shall be held by the Land Use and Development
Commission in accordance with procedures adopted by City Council resolution. At
the public hearing, the Commission shall receive pertinent evidence concerning the
10
proposal, particularly with respect to the standards of approval in Section
18.28.030.B.5
5. Standards for Approving a Variance; written final decision required: A variance
may be only approved if the Land Use and Development Commission makes
affirmative written findings of fact on each of the following standards:
a. The applicant has taken all reasonable steps to comply with the strict terms
of the ordinance from which a variance is requested.
b. Granting of the variance is not a right or special privilege.
c. Granting of the variance is due to an undue hardship as related to the
characteristics of the land, and the applicant has shown that, absent a
variance, they would be deprived of rights commonly enjoyed by other
properties in the identical zoning district under the terms of the title.
d. Granting of the variance is the result of an undue hardship caused by the
characteristics of the site and the creation of the hardship did not result from
actions of the applicant, or the current, or a prior landowner, or any of their
agents. In no event shall any variance be granted merely because
compliance would diminish the financial return from use of the land in
question or because it would reduce the market value of lands or because
compliance with code would be financially costly.
e. Granting of the variance does not adversely affect adjacent/nearby property.
f. Granting of the variance is not detrimental to the public health, safety, and
welfare.
6. Precedents: The granting of a prior variance or referencing property developed
under prior regulations is not admissible evidence for the granting of a new
variance. Each request for a variance shall be judged on its own facts and
circumstances.
7. Effective Date: The decision of the Land Use and Development Commission shall
be effective ten (10) calendar days from the date that the findings of fact and
conclusions of law is approved by the Chair.
8. Application Resubmittal: No application for a variance that has been denied by the
Commission or City Council shall be resubmitted in either the same or substantially
11
same form less than one (1) year from the date of the final action, unless specifically
authorized by the granting body.
9. Regulatory Takings Analysis: Denial of a variance or approval of a variance request
with conditions not acceptable to the applicant may be subject to a regulatory taking
analysis provided for by Idaho Code section 67-8003, consistent with the
requirements established thereby.
10. Variance Expiration: Authorization for an approved variance shall be valid for a
period of one (1) year from the date of approval. The applicant must initiate
implementation of the approved variance through construction within one (1) year
from the date of approval. The approval shall become null and void in the event
that implementation of the variance and all conditions are not initiated within said
one (1) year period. A variance permit that has expired prior to implementation
shall not be reestablished without a new variance being approved, unless the permit
is otherwise extended under the terms of this Chapter.
11. Time Extension: An applicant who has been granted a variance may request a time
extension that does not exceed an additional six (6) month period. A request for a
time extension must be submitted in writing at least thirty (30) days prior to the
expiration of the approved variance permit. The Director may grant the request
provided the applicant demonstrates good cause for the extension of the approved
permit. Only one extension may be granted. A denial of a time extension by the
Director may be appealed to the Land Use and Development Commission in
accordance with section 18.28.070.
12. Administrative Variance: The Director may approve the modification of a setback,
building height, lot coverage, or building footprint size requirements of this Title
by up to ten percent (10%), subject to the following requirements:
a. The applicant must provide written consent from all adjoining property
owners of record, signified by the owner’s signature on a form provided by
the Director;
b. The consent form shall clearly describe the nature of the proposed variance
request and state that the property owner, by signing the form, is consenting
to the variance request;
12
c. If any of the adjoining owners fail to sign the form, then the administrative
variance cannot be processed by the Director; and
d. If the applicant fails to obtain all of the required signatures, they may at
their own discretion, submit a variance application pursuant to this section.
18.28.040: Comprehensive Plan Amendment
A. Purpose: The purpose of this section is to establish procedures for amendments to the text
and map components of the adopted Comprehensive Plan of the City of Chubbuck.
B. Applicability: The provisions of this section shall apply to any Comprehensive Plan
amendment application.
C. Hearing Requirements and Procedures:
1. Amendment Initiated by the City: The City Council, Land Use and Development
Commission, Mayor, or Public Works Director, may propose to amend the
Comprehensive Plan.
2. Amendment Initiated by a Property Owner: The applicant shall complete a pre-
application conference with the Public Works Director prior to the submittal of a
comprehensive plan amendment application, the purpose of which for the potential
applicant to discuss their proposal with staff to identify any readily apparent issues
with the proposal.
3. Except for map amendments proposed in conjunction with annexation and initial
zoning designation applications, application deadlines for amendments to the
Comprehensive Plan shall be June 15 and December 15 of every year.
4. Complete applications containing the required information and in the format
prescribed by the Public Works Director and all fees as established by resolution of
the Council shall be submitted to the Public Works Director. In the event that an
application is deemed incomplete and additional information is required from the
applicant, the director may remove the item from the desired meeting’s agenda until
such information is received and the application deemed complete.
5. Amendments Require At Least One (1) Public Hearing: Prior to recommending the
adoption, amendment, or repeal of the Comprehensive Plan to the Council, the Land
Use and Development Commission shall conduct at least one (1) public hearing in
13
accordance with the resolution of the City Council and with notice provided in
accordance with section 18.28.10.C.
D. Recommendation to Council and Required Findings: Upon recommendation from the
Commission, the Council shall review the recommendation and the record at a public
meeting; at their discretion, the Council may call for a public hearing to be held and the
applicant shall be responsible to all costs of providing notice. The Council may approve a
Comprehensive Plan amendment based on the following criteria:
1. The proposed change is required for the public convenience or necessity, or the
general welfare of the community, and is in the community’s best interest;
2. The proposed change is needed to recognize substantial changes in the actual
conditions of the area or City that have occurred since the Comprehensive Plan was
adopted, or is necessary to correct one or more goals, objectives, or policies that
exist in the plan;
3. The proposed change will comply with the community’s goals, objectives, and
policies within the Comprehensive Plan, including its maps.
4. The proposed change will not place undue burden on transportation or other public
facilities in the planning area, and does not adversely impact the delivery of services
by any political subdivision.
E. Approval by Resolution: A Comprehensive Plan amendment shall become effective when
enacted by resolution by the Council.
18.28.050: Title Text and Map Amendments & Initial Zoning Designation
A. Applicability: The purpose of this section is to provide a process for amending the text of
the zoning ordinance and/or the zoning district map, or other portions of city code deemed
by the City Attorney to fall under the regulatory purview of the Local Land Use Planning
Act of the State of Idaho, Chapter 65, Title 67.
B. General Requirements and Procedures
1. Initiation of an Amendment
a. Amendment Initiated by the City: The City Council, Land Use and
Development Commission, Mayor, or Public Works Director, may initiate
a request to amend the text of this title or to amend the zoning district map.
14
b. Amendment Initiated by a Property Owner: An owner of private property
within the City of Chubbuck or their duly authorized representative, may
initiate a request to amend the text of this title or to amend the zoning district
map by submitting an application to the Public Works Director.
2. Complete Applications Due 30 Days before Hearing: Complete applications
containing the required information and in the format prescribed by the Public
Works Director and all fees as established by resolution of the Council shall be
submitted to the Public Works Director at least thirty (30) days before the desired
hearing. In the event that an application is deemed incomplete and additional
information is required from the applicant, the director may remove the item from
the desired meeting’s agenda.
3. City May Require Conceptual Development Plan: When not accompanied by a plat
or other use permit, the City may require a conceptual development plan that
depicts streets, site access, internal circulation patterns, connectivity to adjacent
properties, general locations of buildings, land uses and parking, pedestrian
walkways, and private/public open space.
4. Notification Requirements: Notices for the public hearing shall be provided in
accordance with section 18.28.10.C.
5. Public Hearing: A public hearing shall be held by the Land Use and Development
Commission in accordance with procedures adopted by City Council resolution. At
the public hearing, the Commission shall receive pertinent evidence concerning the
proposal, particularly with respect to the standards of approval in Section
18.28.050.B.8
6. Recommendation: After considering the petition, facts, testimony, and the review
criteria found in section 18.28.050.B.8, the Commission shall make a
recommendation to the City Council on whether to approve without or with
conditions, deny, or modify an amendment request. Following the commission
hearing, if the commission recommends a material change to the proposed
amendment which was considered at the hearing, it shall give notice of its proposed
recommendation and conduct another public hearing concerning the matter if the
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council will not conduct a subsequent public hearing concerning the proposed
amendment.
7. Council Review of Recommendation: Following receipt of the Commission ’s
recommendation, the Council shall hold a meeting to consider the request and the
recommendation of the Commission and shall render a decision. Since a public
hearing was held on the application by the Commission, a public hearing with
Council shall not be required however, affected persons may petition the Council
in writing to hold a public hearing. The decision as to whether or not to hold a
hearing shall be at the discretion of the Mayor after discussing the petition with the
City's legal counsel, the Council President, and the Public Works Director. In those
instances where a hearing is held, notice shall be given pursuant to requirements of
Idaho Code section 67-6511 and the applicant shall be responsible for the costs
associated with additional notices. As a requirement for consideration and action,
any written petition by an affected person for a hearing shall be submitted to the
Public Works Director not less than seven (7) calendar days prior to the Council
meeting in which the application will be reviewed in order for the petition to be
considered. Any petition not submitted in a timely manner shall be barred from
consideration. Petitions shall include the names and addresses of the petitioners and
a narrative describing the petitioner's concerns with the application as they
specifically pertain to the review criteria as found in subsection 8 of this section
and describing how the proposal affects their interests.
8. Standards for Approving a Title Text or Map Amendment: A title amendment may
be only recommended for approval by the Land Use and Development
Commission, and approved by the City Council, if affirmative written findings of
fact are made on each of the following standards; concurring findings between the
two bodies are not necessary in order for the Council to approve, approve with
conditions, or deny an application:
a. Map Amendment:
1. The proposed amendment would be in the community’s best
interest;
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2. The list of uses permitted by the land use ordinance would blend
with surrounding land uses;
3. The subject site is suitable for the type and intensity of land uses
permitted under the proposed zoning district;
4. The uses permitted in the proposed zoning district would be
adequately served by public facilities and services
5. The proposed amendment would be adequately served by
transportation routes, police and fire protection, water/sewer,
schools, police and EMS protections, and other public facilities, or
agencies, to serve the public health, safety, and general welfare;
6. The uses permitted in the proposed zoning district would be
compatible in terms of their scale, mass, coverage, density, and
intensity with adjacent land uses; and
7. The proposed use is generally not in conflict with the goals,
objectives, and policies of the adopted Comprehensive Plan. The
Commission and Council shall have discretion in interpreting exact
boundary locations of the future land use map designations when
considering map amendment requests.
a. Text Amendment:
1. The proposed text amendment would be in the community’s best
interest;
2. The proposed text amendment is consistent with the existing
provisions of the zoning ordinance; and
3. The proposed use is generally not in conflict with the goals,
objectives, and policies of the adopted Comprehensive Plan and
furthers them more than the adopted zoning text.
C. Approval by Ordinance: Zoning ordinance amendments, text or map, shall become
effective when the Council adopts an ordinance amending the Title and upon summary
publication.
D. Rezoning of Land Previously Rezoned within Past Four Years Requires Landowner
Signature: If the city council adopts a zoning classification pursuant to a request by a
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property owner that is consistent with the adopted comprehensive plan, the council shall
not subsequently reverse its action or otherwise change the zoning classification of said
property without the consent in writing of the current property owner for a period of four
(4) years from the date of adoption of said individual property owner's request for a zoning
district classification change, per Idaho Code section 67-6511(d).
E. Regulatory Takings Analysis: An amendment of a zoning ordinance applicable to an
owner’s lands or approval of conditional rezoning or denial of a request for rezoning may
be subject to a regulatory taking analysis provided for by Idaho Code section 67-8003,
consistent with the requirements established thereby.
F. Zoning Development Agreements:
1. Purpose: A zoning development agreement (agreement) is a discretionary tool to
be used by the Land Use and Development Commission and the City Council.
Zoning development agreements allow a change in a zoning for a specific project,
with a specific use, to be developed in an area which may not be appropriate for all
uses permitted outright or conditionally within the proposed zone. Approval of the
agreement, pursuant to this section, would permit the proposed use, with
conditions, within the proposed zone.
2. Zoning Development Agreement Designation: Lands approved for a change in
zoning with zoning development agreements shall be designated by a “(ZDA)”
(zoning development agreement) on the map following the official zoning
designation (e.g., R-1(ZDA), R-2(ZDA), C-1(ZDA), PUD(ZDA), etc.).
Designation of property as (ZDA) shall not constitute “spot zoning” nor shall be it
presumptive proof that the zoning of other property adjacent to or in the vicinity of
the ZDA property should be zoned the same.
3. When Permitted or Required: An zoning development agreement may be permitted
or required at the discretion of the Commission or Council when considering a
request for a rezone. An agreement, when permitted or required, shall be initiated
through one of the following methods:
a. On request by the developer;
b. On recommendation of the Public Works Director;
c. As required by the Commission or Council.
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1. The Commission or Council may require that an agreement be
executed prior to allowing a particular project to proceed. An
agreement may be formulated when approval of the rezone would
permit uses within that zone which may not be appropriate to the
area, but the subject project presented may have value to the
community which could otherwise be allowed through the use of an
agreement.
4. Creation and Form: In the event that a zoning development agreement is deemed
necessary by the Commission or Council, the developer or owner shall prepare and
execute an agreement with the City that shall be reviewed and approved for form
by the City Attorney prior to final Council action. The agreement shall contain the
provisions set out below, and once executed by the developer/owner, shall be
presented to Council for its approval, and then recorded with the County Clerk.
Minimum provisions shall include:
a. Legal description of the subject property;
b. An affidavit by the owner of the property agreeing to the submission
of the use and property for an agreement;
c. A concept plan for the property including, but not limited to
preliminary site plans, elevation plans, density, and other pertinent
exhibits;
d. Construction schedule, including projected occupancy date.
e. Provisions for any reservation or dedication of land;
f. The duration of the agreement; and
g. A provisions that the owner/developer acknowledges and agrees that
failure to comply with the terms of the agreement shall result in a
rezoning of the real property to the zoning district existing
immediately prior to the execution of the agreement or, in the case
of the pre-existing zone being an initial zone at annexation, a zone
deemed appropriate by the Commission and Council.
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h. A provision specifying that the agreement and all conditions, terms,
duties, and obligations included in said agreement shall be an
encumbrance on the real property and shall run with the land.
i. Any other matter required by the City Council.
18.28.060: ANNEXATIONS
A. Applicability: This section implements the expressed policy of the State of Idaho that cities
of the State should be able to annex lands which are reasonably necessary to assure the
orderly development of Idaho’s cities in order to allow efficient and economically viable
provision of tax-supported and fee-supported municipal services, to enable the orderly
development of private lands which benefit from the cost-effective availability of
municipal services in urbanizing areas, and to equitably allocate the costs of public services
in management of development on the urban fringe. The corporate boundary of the City
may be expanded whenever the Council deems it to be for public convenience or necessity
or for the general welfare. This section shall apply to all lands which are allowed to annex
by State law in accordance with its procedures.
B. Prior Consent: For purposes of this section, prior consent to annex shall be deemed given
when evidenced by written authorization or approval executed by the owner or owner’s
authorized agent. Consent shall be implied for the area of all lands connected to water or
wastewater systems operated by the City if the connection was requested in writing by the
owner, or the owner’s authorized agent, or completed before July 1, 2008 and for lands
subject to a written consent to annex recorded in the County Recorder’s office. Written
consent to annex, if recorded in the County Recorder’s office, shall be binding upon
subsequent purchasers, heirs, or assigns of lands in the consent. Lands need not be
contiguous or adjacent to the city limits at the time the landowner consents to annexation
for the property to be subject to a valid consent to annex; provided however, no annexation
of lands shall occur, irrespective of consent, until such land becomes contiguous or adjacent
to the city limits.
C. Approval by Ordinance: Annexations shall become effective when the Council adopts an
ordinance and upon summary publication.
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D. Annexation or Written Consent to Annex Required before Providing City Facilities and
Services: Prior to providing municipal facilities or services, the City will require
annexation of those eligible properties and if not eligible, written annexation consents to
be recorded with the County Recorder’s office.
E. Application: A request for the annexation of property into the City may be initiated as
outlined in Idaho Code title 50, chapter 2. In the case of non-City initiated annexations, an
annexation application shall be filed and include all information required by the Director
and fees as required resolution adopted by the Council, along with any other information
required by the same chapter of Idaho Code. All annexation applications shall be
accompanied by a separate application for an initial zoning designation pursuant to the
requirements of section 18.28.050; the City Council shall not review an annexation
application until it has received an initial zoning designation recommendation from the
Commission.
F. Annexation Classifications, Notice, and Procedure: In accordance with Idaho Code section
50-222, three (3) annexations classifications have been established based on the size of the
area considered for annexation, the property’s contiguity to the City, level of private
landowner consent, and sometimes due to health-related considerations. Annexation of all
lands shall following the applicable notice and procedures required by Idaho Code.
G. Standards for Approving Annexations:
a. Standards for Approving an Annexation: Annexation may be approved by
the City Council if affirmative written findings of fact are made on each of
the following standards:
1. The land is contiguous or adjacent to the City boundary;
2. All portions of highways, streets, or roadways lying wholly or
partially within an area to be annexed shall be included within the
area requested for annexation unless expressly agreed between the
City and the County.
3. The annexation meets the requirements for its Annexation
Classification;
4. Annexation of the land is in the best interest of the City (i.e., income
generated by property taxes will exceed long-term costs associated
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with maintenance and provision of services and facilities; the
advantages both to the City and to the area outweigh the
disadvantages; if previously developed, the area has the opportunity
to redeveloped or to develop at higher densities; if expenses required
exceed property tax income, the residents and/or Council agree to
form a local improvement district; annexation is equitable and fair
to existing residents; annexation would address a public health
concern);
5. The land is able to be served currently, or within a reasonable time,
by essential urban services.
6. A zoning district will be assigned via ordinance at the same time, or
immediately following, the annexation approval.
18.28.070: APPEAL OF ADMINISTRATIVE DECISION
A. Written appeals of the Public Works Director’s decisions as authorized by this Title may be
filed by the applicant or any affected person having a bona fide interest in real property as defined
in Idaho Code section 67-6521. The appeal petition must be submitted within ten (10) days of the
Director’s final decision and contain a description of the grievance as it pertains to the specific
standards for approval. The appeal shall be heard within a reasonable time by the Land Use and
Development Commission to review the decision of the Director and to hear testimony of the
appellant and applicant (if different from appellant). The Commission shall determine whether to
remand, uphold, modify, or overturn the decision of the Director, including whether to remove or
add conditions. A decision of the Commission may be appealed to the City Council in accordance
with section 18.28.080.
18.28.080: APPEAL OF LAND USE AND DEVELOPMENT COMMISSION DECISION
A. Written appeals of the Land Use and Development Commission’s decisions, not
recommendations, may be filed by the applicant or any affected person having a bona fide
interest in real property as defined in Idaho Code section 67-6521. The appeal petition must
be submitted within ten (10) days of the Chair’s approval of the written final decision,
contain a description of the grievance as it pertains to the specific standards for approval.
The appeal shall be heard within a reasonable time by the City Council to review the
22
decision of the Commission and to hear testimony of the appellant and applicant (if
different from appellant). The Council shall determine whether to uphold, modify, or
overturn the decision of the Commission, including whether to remove or add conditions.
18.28.090: REQUESTS FOR RECONSIDERATION
A. Purpose: The purpose of this section is to minimize the number of court appeals, to prevent
new information from being presented, and to resolve disputes in accordance with Idaho
Code section 67-6535 which requires that any applicant or affected person seeking judicial
review of a final decision must first seek reconsideration.
B. Applicability: Requests for reconsideration of City Council decisions shall apply to all final
decisions rendered by the City Council.
C. Requests Due Fourteen (14) Days from Final Decision: Written requests identifying
specific deficiencies in the decision for which reconsideration is sought must be submitted
to the City Clerk within fourteen (14) days from the date of the final decision. Such
D. Procedure: Upon reconsideration, the City Council may affirm, reverse, or modify the
decision in writing within sixty (60) days of receipt of the request for reconsideration or
the request is deemed denied. A decision shall not be deemed final for purposes of judicial
review unless or until the procedures of this section have been followed. The twenty-eight
(28) day time frame for seeking judicial review is tolled from the date of the written
decision regarding reconsideration or the expiration of the sixty (60) day reconsideration
period, which occurs first.
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Chapter 18.28
ADMINISTRATION
18.28.010: SCOPE:
The administrative procedures set forth in this chapter apply, except as otherwise indicated, to
applications or petitions for design review clearance, issuance of conditional use permits (including
PUD approval), granting of variances, revisions of use districts, designation of geographic areas, and
any other amendment of this title or of the city's comprehensive plan. (Ord. 528 § 1, 2000)
18.28.020: HEARING PROCEDURES:
A. Application: Any person who owns, or has a contractual interest in real property governed by this
title may submit a written application under oath, with ten (10) copies thereof, to the public works
director, in a form which the public works director may prescribe, for issuance of a conditional use
permit, variance, design review clearance, designation of a geographic area or revision of a use
district and may submit a petition, with ten (10) copies thereof to the city clerk of an amendment to
the city's comprehensive plan or of this title. The applicant or petitioner shall pay to the clerk a
hearing, notice and application fee and, for an application for a conditional use permit, variance,
designation of a geographic area or revision of a use district, an additional hearing notice fee for
each owner of record and/or occupant affected by the application, said fee to be in an amount then
in effect as set by resolution of the city council, which fee may be changed from time to time by city
council resolution. The applicant for a conditional use permit, variance or revision of a use district
shall furnish the clerk a written list of the names and addresses of all owners of record and known
occupants of properties within three hundred feet (300') of the perimeter of the subject property.
Such list shall be deemed to identify all owners or occupants affected by the application. Any
omission of notice due to a defect in the list shall be grounds for revocation or modification of any
action taken upon the application.
B. Contents Of Application: All applications and petitions shall be accompanied by such information
and materials as are otherwise required by this title or as the city clerk may reasonably require.
C. Notices: Upon receipt of a petition or application, with all required fees, lists and information, or
upon direction from the mayor if the city intends to revise, on its own initiative, the comprehensive
plan, use districts or other provisions of this title, the city clerk forthwith shall schedule a hearing
before the land use and development commission or design review committee and, except where
the application is for design review clearance, shall cause notice of hearing: 1) to be published
once in the official newspaper at least fifteen (15) days prior to the hearing; 2) to be disseminated
generally to other local news media; and 3) to be posted prominently at the city offices. If the
application is for a conditional use permit, variance, designation of a geographic area or revision of
a use district, the city clerk shall also cause notice of hearing to be mailed to the owners of record
and known occupants of property within the external boundaries of the land being considered,
within three hundred feet (300') of the lands or structures affected by the proposed action, and
within any additional area that may be impacted by the proposed change or conditional use as
determined by the commission.
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D. Conduct Of Hearing: All hearings before the commission, except hearings on applications for
design review clearance, shall be held as a public hearing, with opportunity for public comment or
testimony. All public hearings provided for in this title shall be held in accordance with this
subsection and shall follow the order set forth hereinafter:
1. Presentation by applicant or petitioner.
2. Explanation of subject of hearing by city staff, including recommendations, if any.
3. Testimony from audience in favor of and/or against the proposal.
4. Questioning of involved parties by participants in the hearing.
5. Closure of oral testimony.
6. Discussion of hearing subject among commission or council members. Questions may also be
directed to city staff.
7. Conclusion of hearing process. The presiding officer may limit the time allotted to presentation of
oral testimony in a public hearing. Said allocation of time shall provide for a reasonable
opportunity for proponents or opponents of an issue to be heard. The presiding officer may
exclude repetitious, personally malicious and irrelevant testimony. Written testimony must be
submitted at least seven (7) days (weekends and holidays to be counted) prior to the public
hearing, shall comply with the standards for oral testimony, shall include the signature and
address of the submitter, shall be made available to persons in attendance at the public hearing,
or shall be read in full. A transcribable, verbatim record of all hearings shall be maintained for six
(6) months after a final decision has been reached on the matter. Upon written request and
within the time period herein provided for the retention of the record, any persons may have the
record transcribed at his expense. Minutes of all hearings and proceedings shall also be kept
and maintained indefinitely in accordance with city ordinance.
E. Approval Or Denial Of Application Or Petition: Within thirty (30) days after the scheduled hearing on
the application or petition, or such other time limits as may be imposed by this title, the commission
or, where appropriate, the design review committee shall decide whether to grant a variance,
conditional use permit, design review approval or designated geographic area and shall decide
whether to recommend that the use districts be revised or that the city's comprehensive plan or
this title be amended. The commission shall make a written record of the findings, in accordance
with the requirements of this chapter, and enter its decision. A copy of the written record of the
findings shall be mailed to the applicant or petitioner within fifteen (15) days after the commission's
decision.
F. Consideration Of Recommendations And Appeals: If a written appeal from the approval or denial of
a variance, designation of geographic area or conditional use permit is filed with the clerk by the
applicant or petitioner, the review of the approval or denial of a variance, designation of geographic
area or conditional use permit is to be reviewed pursuant to a vote of the city council, the review by
the city council of an application for a design review clearance is requested pursuant to chapter
18.20 of this title, or a recommendation as to revisions of the use districts or amendments of the
city's comprehensive plan or this title is made by the commission, the appeal, review or
recommendation shall be placed on the agenda of the next available regularly scheduled city
council meeting. If the recommendation relates to a change in land use district, or an amendment
of the city's comprehensive plan or this title, a public hearing shall be conducted at or prior to the
city council meeting, using the same notice and hearing procedures utilized for proceedings before
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the commission, as provided for in this chapter. The council shall, within thirty (30) days after the
public hearing, make a written record of its findings in accordance with the requirements of this
chapter, and enter a decision. A copy of the written record of the findings shall be mailed to the
applicant or petitioner within fifteen (15) days after the council's decision.
G. Standards And Criteria: The approval, denial or review on appeal, by the design review committee,
commission or council, of any application provided for in this title shall be based upon the
applicable purposes, standards and criteria set forth in this title.
H. Form Of Decision: The approval, denial, recommendation or review on appeal by the design review
committee, commission or council, of any application provided for in this title, shall be in writing
and shall be accompanied by a statement in the form of findings of facts and conclusions of law
that explain the criteria and standards considered relevant, state the facts relied upon and explain
the justification of the decision based on the criteria, standards and facts set forth. The design
review committee, commission and council shall state what actions, if any, applicants could take to
obtain design review clearance, variances, designation of geographic areas or conditional use
permits that have been denied. (Ord. 755, 2016)
18.28.030: VARIANCES:
A. Limitation: Variances may be granted where the lands involved are of such size or configuration,
are subject to such title limitations of record, are affected by such topographical and location
conditions or have been so developed lawfully prior to advent of zoning in 1972, that it would be
impossible or that it would create a private hardship not required to protect the public interest to
compel the applicant to adhere strictly to the provisions of this title. However, no variance shall be
granted upon the grounds of "impossibility" if compliance is merely inconvenient, burdensome or
difficult. Except as provided below, neither shall a variance be granted upon the grounds of "private
hardship" unless: 1) the hardship was not created or allowed to occur by the applicant, the
landowner or any of their agents; 2) the hardship was not known or foreseeable at the time when
the lands in question, or an interest therein, were acquired; 3) the hardship is serious, immediate
and unavoidable; and 4) alleviating the hardship will not create a possible present or future
hardship for any other private party nor will it be contrary to the public interest. In no event shall
any variance be granted merely because compliance with this title would diminish the financial
return from use of the lands in question or because it will reduce the market value of the lands.
B. Personal Hardship Exception: Where a temporary deviation from strict compliance with the
provisions of this title would alleviate a compelling hardship for the applicant or the applicant's
family, a six (6) month variance may be granted. No such variance shall be granted upon economic
grounds, nor shall such variance authorize any permanent construction, alteration or
improvements to the lands in question.
C. Appeals: Any person adversely affected by the granting or denial of a variance by the land use and
development commission may appeal within twenty five (25) days from the date of the
commission's decision. The appealing party must, within this time, file with the city clerk a written
statement of appeal (in any form). The city council shall hear the appeal de novo, except that the
commission's decision shall be entered into the record. The commission's decision may also be
reviewed de novo by the city council, if a majority of the city council vote at the next regularly
scheduled city council meeting to review the same. (Ord. 246 § 2, 1983: Ord. 241 § 7-3, 1983)
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18.28.040: CONDITIONAL USE PERMITS:
A. Duration, Assignability And Review: A conditional use permit is issued to the applicant authorizing
applicant to use the property for the use specified in the permit and subject to any conditions
imposed upon the use. Unless otherwise specified by the land use development commission when
granting, renewing or modifying a conditional use permit, such permit shall be nonassignable and
nontransferable and shall expire in three (3) years if the applicant fails to implement the use for
which such permit is sought. A conditional use permit shall expire upon the violation of any
conditions imposed by the land use development commission upon the approval of a conditional
use permit. The commission may, as a condition imposed upon a conditional use permit granted
hereunder, require that the applicant report to the commission on a subsequent date or dates as to
the implementation of the use for which the permit is sought and as to the applicant's compliance
or noncompliance with conditions imposed by the commission.
B. Appeals: Any person adversely affected by the granting or denying of conditional use permits by
the land use and development commission may appeal within twenty five (25) days from the date
of the commission's decision. The appealing party must, within this time, file with the city clerk a
written statement of appeal (in any form). The city council shall hear the appeal de novo, except
the commission's decision shall be entered into the record. The commission's decision may also
be reviewed de novo by the city council, if a majority of the city council vote at the next regularly
scheduled city council meeting to review the same.
C. Criteria And Standards: The following criteria and standards shall be applied in determining
whether to grant or deny any application under the terms of this title for a conditional use permit,
and in considering and defining the conditions (if any) to be imposed upon a conditional use permit
granted hereunder:
1. The use for which such permit is sought must not be injurious to the neighborhood or otherwise
detrimental to the public health, safety or welfare.
2. The permit sought shall not produce an adverse impact on the economic values of adjacent
properties.
3. The permit sought shall not produce a negative impact on transportation facilities, public utilities,
schools, public parks or the natural environment any greater than had the strict terms of this title
been satisfied.
4. Account shall be taken of noise and traffic conditions in the vicinity of the land for which the
permit is sought.
5. Account shall be taken of the character and use of the buildings and land adjoining and in the
vicinity of the property for which the permit is sought, together with the number of persons
residing or working in such buildings or upon said land; and the permit, if granted, shall not work
an unreasonable hardship upon surrounding property owners by virtue of its physical nature or
by the impact of changes made in the landscape of said land.
6. Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands.
7. Account shall be taken of the support or opposition expressed by persons entitled to receive
notice of the conditional use permit application.
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8. The applicant shall show that he has taken all reasonable steps to comply with the strict terms of
this title. If the applicant can show that the uses "allowed" under this title are not feasible, such
showing shall support an application for a conditional use permit.
9. Adverse impact on other development within the city shall be minimized as far as possible.
10. The sequence and timing of any development conditionally permitted hereunder may be
controlled as appropriate.
11. The duration of any development conditionally permitted hereunder may be controlled.
12. Any permit granted hereunder may contain provisions for assuring that the development is
maintained properly.
13. Any permit granted hereunder may designate the exact location and nature of the permitted
development.
14. Any permit granted hereunder may require the provisions for on site or off site public facilities
or service.
15. Any permit granted hereunder may require more restrictive standards than those otherwise
required by this title.
16. Notwithstanding the time deadlines established elsewhere in this title for processing
applications, the city council may, if it deems such action necessary, require studies of the social,
economic, fiscal and environmental effects of the proposed conditional use prior to the granting
or denying of the application therefor, and the applicable time deadline shall be extended
accordingly. (Ord. 320 § 1, 1989: Ord. 246 § 2, 1983: Ord. 241 § 7-4, 1983)
18.28.050: CONSISTENCY WITH COMPREHENSIVE PLAN:
No variance shall be granted, nor any conditional use permit issued, nor any revision to this title
adopted, unless such action is consistent with the city's comprehensive plan. (Ord. 241 § 7-5, 1983)
18.28.060: ERRONEOUS APPROVAL NOT WAIVER OF REQUIREMENTS:
Should a plat, by inadvertence, be approved which shows on its face, or in any documents attached
thereto or which are deemed to be a part thereof, that the subdivision does not comply in one or more
respects with the requirements of this title or with the requirements of approved subdivision standards
and specifications relating the quality, size, type, grade, distance or dimension, and no variation or
exception thereto has been approved by the city council, such plat approval shall not be deemed a
waiver of such requirements, but on the contrary such requirements shall remain in full force and
effect and shall be enforced by the building official. Any discrepancy between the preliminary plat, as
approved, and the final plat which may not be noticed in inspection of the final plat and which is not
approved by the city engineer and planning commission shall be the responsibility of the subdivider,
and approval of the final plat in such case shall not be deemed a waiver of the requirements of this
title or any standards or specification approved in connection herewith. Any building permit or
occupancy permit issued in error or inadvertently without requiring compliance with any of the
provisions of title 15, 16, 17 or 18 of this code shall not be deemed a waiver of such requirements, but
on the contrary such requirements shall remain in full force and effect and shall be enforced by the
building official. (Ord. 401 § 1, 1993)
Planning & Development Department
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
Page 1
Memo
To: Land Use & Development Commission
From: Devin Hillam, Planning & Development Director
Date: February 14, 2020
Re: A proposal by city staff to amend section 17.12.080.G of municipal code to change the review
and comment timeframe for preliminary plats from ten (10) calendar days to ten (10) business
days for reviewing agencies and utilities.
BACKGROUND
In March 2018, the City Council approved a significant amendment to the City’s land development code
that adjusted processes in attempt to seek more refined submittals at preliminary plat and final plat as well
as to align the process with Idaho Code. One of those changes established an ambitious review time (10
calendar days) for preliminary plats by agencies (internal and external) and applicable utilities. Internally as
the Engineering and Planning departments have worked with the new code, we have discovered that 10
calendars days is simply not enough time for reviews, particularly when numerous development applications
are filed and more particularly, when applications are submitted on a Friday morning of a long weekend or
holiday; in the development review process, preliminary plats are the most intensive. Therefore we are
requesting an amendment to section 17.12.080.G to change the allotted review period from ten (10)
calendar days to ten (10) business days.
The review and action by the Land Use & Development Commission is a recommendation to the City Council
based on the following criteria:
1. The proposal does not conflict with the policies of the Comprehensive Plan; and
2. The proposal will not result in demonstrable adverse impacts upon the delivery of services by
political subdivision.
PROPOSAL
G. The reviewing representatives/departments shall have ten (10) calendar business days from the date that
notice is provided to transmit their recommendations in writing to the Public Works Director. If no written
comments are submitted by the required date, it shall be noted for commission review that there are no City
or agency concerns given to the City regarding the proposed subdivision.
Page 2
STAFF RECOMMENDATION
Staff finds that proposal satisfies the criteria necessary to recommend approval of the text amendment to
the City Council.
FACTS
PETITIONER:
City of Chubbuck
Attn: Planning Depart.
P.O. Box 5604
Chubbuck, ID 83202
(208) 237-2430
APPLICABLE LAWS AND PLANS:
1. Idaho Code
a. §67-6513, Zoning Ordinance
i. Notices of the hearing provided in accordance with Idaho Code
2. Chubbuck Comprehensive Plan (as amended)
3. Chubbuck City Code
a. Notices of the hearing provided in accordance with City Code Chapter 17.12
DECISION-MAKING CRITERIA
#1: IC 67-6511- Zoning amendments to not conflict with the policies of the Comprehensive Plan
With regards to the development review process itself, the Comprehensive Plan is silent and thus upon
review, Staff finds no conflict with the Plan (Available at https://cityofchubbuck.us/wp-
content/uploads/2018/01/2002-Comprehensive-Plan.compressed.pdf).
#2: IC 67-6511- Zoning amendments to not result in demonstrable adverse impacts upon the delivery
of services by any political subdivision providing public services, including school districts, within
the planning jurisdiction.
Staff does not anticipate any negative impacts upon the delivery of services to the City nor other political
subdivisions providing services in the City. If anything, the proposal will benefit political subdivisions
providing services by increasing the review time, although no outside agencies have such a concern that
the currently adopted review time is insufficient. .
Page 3
Disclaimer:
*The information presented in this document is based solely upon evidence available at the time of the report.
Additional information may be brought to light at or before the hearing.
Report Prepared by:
Devin Hillam
Community Planning & Economic Development Director
dhillam@cityofchubbuck.us
Date: February 14, 2020
Community Planning &
Economic Development
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
NORTHSIDE CROSSING DIVISION 4
PRELIMINARY PLAT REQUEST - STAFF REPORT
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
REGULAR MEETING ON MARCH 10, 2020
STAFF FINDINGS SUMMARIZED
After reviewing the proposed Northside Crossing Subdivision, Division 4 preliminary plat, Staff finds that
it appears to meet the code requirements with the following comments and recommended
conditions:
A paved pedestrian facility on the west side of Hiline Road is needed; staff is open to
construction at present or requiring a guarantee for a later date when it is necessary to
connect to future phases or other developments.
The throat length of the subdivision entrance onto Hiline Road, lengths and widths of traffic
islands, traffic tapers on Hiline Road, and bulb outs will be evaluated during the review
process of the construction plans.
Park Impact Fees will be part of this development as described in City Code 17.28.
Submit for review the Declaration of Covenants, Conditions and Restrictions prior to approval
of the Final Plat.
In accordance with the condition of the approved preliminary plat, the City has received an
“irrigation master plan” and “cost estimate” to construct an irrigation pump and associated
facilities. Upon acceptance of this subdivision, a guarantee will need to be provided to the
City for the future completion of the irrigation pump station and associated facilities.
Preliminary Plat recommendations are conditional upon City Council approval of the plat.
FACTS
REQUEST: The applicant proposes a 36 lot Preliminary Plat for 30 single family building lots and 6 common
lots in the Northside Crossing subdivision, Division 4. It includes a portion of Hiline Road and the Hiline
Canal approximately 2,300 feet north of New Day Parkway (see Exhibits 1 and 3).
BACKGROUND: This division of the Northside Crossing Creative Community will have access from Hiline
Road. It will not be contiguous to the earlier divisions, which have access from New Day Parkway, but they
will be connected via underground utilities. Streets between the two areas will added with other phases in
the future.
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
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
approval). Recommendation/approval of this preliminary plat shall be whether it meets the requirements
of the City of Chubbuck ordinance and State of Idaho statutes. The Commission may recommend
approval with or without conditions, may table a decision, or may recommend denial of the
application.
APPLICANT:
Lyn Yost
13982 N Rio Vista Rd
Pocatello, ID 83202
OWNER OF RECORD:
Kent Yost
13826 N Moonglow Ln
Pocatello, ID 83202
PROFESSIONAL SERVICES:
RMES
600 E Oak St
Pocatelllo, ID 83201
LOCATION: SE ¼ of Section 34, Township 5 South, Range 34 East of the Boise Meridian, Idaho,
generally located on the west side of Hiline Road 1,300 to 2,400 feet north of New Day Parkway,
Chubbuck, Idaho.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Creative Community-
Northside Crossing (CC-NC)
CURRENT LAND USE: Farmland
PROJECT SIZE: ±10.66 acres
VIEWS: Generally visible from all directions
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: None
RECENT TRAFFIC COUNTS:
2016: Hiline Rd north of New Day, 3,155/day
2016: Hiline Rd south of New Day, 4,197/day
BTPO TRAFFIC MODEL ESTIMATE:
2018: Hiline Rd north of New Day, 3,425/day
SURROUNDING LAND USES AND ZONING
NORTH: Farm; Creative Community-Northside Crossing (CC-NC) zone
EAST: Rural residential; unincorporated Bannock County Agricultural zone
SOUTH: Farm; unincorporated Bannock County Industrial zone
WEST: Farm; Creative Community-Northside Crossing (CC-NC) zone
SERVICES:
ACCESS STREET: Current access from Hiline Road
FIRE PROTECTION: City of Chubbuck
SEWAGE DISPOSAL: City of Chubbuck
CULINARY WATER SERVICE: City of Chubbuck
PROCEDURES:
1. In accordance with City Code 17.12.030-050 and Resolution 2019-007, a complete petition and
fees for a preliminary plat were filed with the City and which contained the appropriate
documents and waiver requests pursuant to 17.12.040.
2. In accordance with City Code 17.12.100, the application is scheduled to be heard at the March
10, 2020 Regular Meeting of the Land Use and Development Commission.
3. In accordance with City Code 17.12.080, notice were provided as follows:
a. Notices posted on the subject property.
b. Notices provided to City departments, other government agencies, and affected public
utility providers.
APPLICABLE LAWS AND PLANS:
1. Idaho Code
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
a. §50-13, Plats and Vacations
b. §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
c. Title 18, Land Use
PUBLIC COMMENTS:
1. No written comments were received as of this report.
STANDARDS FOR REVIEWING A PRELIMINARY PLAT
1. Is the Preliminary Plat consistent with the City of Chubbuck 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.
CHAPTER 4: LAND USE
GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS
OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl
POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban
Service Boundary (USB)
COMMENT The project will consume farmland, but it is within City limits and the Urban Service Boundary.
With a gross density of about 3 units per acre and 16% reserved for open space, it would not be
considered sprawl by most national standards.
OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use
POLICY c. Take advantage of the existing investment by encouraging infill and redevelopment projects
COMMENT The project is not considered infill.
OBJECTIVE 4.1.3 Make investment in infill and redevelopment more attractive than sprawl
POLICY a. Permit increased residential densities in areas where infill and redevelopment are targeted
COMMENT The project is not considered infill, but as a Creative Community a minimum density is required.
GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES
OBJECTIVE 4.5.1 Encourage a transition from low-intensity to higher intensity land uses
POLICY a. Adhere to land use designations on the Comprehensive Plan Map
COMMENT The proposal complies with the Plan, which designates the area as Medium Density Residential
and Mix Use, categories that include single-family residential zoning. The proposal also complies
with the Northside Crossing Master Development Plan (MDP).
POLICY b. Use a combination of zoning, performance requirements, site planning, and transportation
routes to create the highest level of compatibility between adjacent uses while retaining a
complementary mix of possible uses within neighborhoods and communities
COMMENT As part of Northside Crossing Creative Community the project contributes to all of these points.
OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
POLICY a. Use design standards to encourage compatibility of mixed use development with surrounding
areas
COMMENT The Northside Crossing Creative Community includes design standards to promote compatibility.
CHAPTER 5: TRANSPORTATION
GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION
OBJECTIVE 5.1.1 Increase the efficiency of functional class roads
POLICY No policy was included in the Comprehensive Plan for this objective; however the City promotes
efficiency and safety on collector and arterial roads by following approved design standards and
access management guidelines
COMMENT The proposal follows the typical cross sections approved in the Master Plan Guidelines.
OBJECTIVE 5.1.4 Encourage higher densities and site designs that support transit
POLICY a. Phase public service extensions over time to protect prime agricultural land and increase
development densities to a level that will support transit service
COMMENT The minimum density of 3 units per acre in the MDP is intended to support transit.
OBJECTIVE 5.1.5 Encourage bicycle and pedestrian systems that support transit and provide an alternative
means to access commercial centers, neighborhood employment centers, and public services
such as schools and parks
POLICY a. Continue to implement standards for sidewalks to be constructed at the time of subdivision
development
COMMENT The project includes sidewalks and trails, and connects them with a larger network.
OBJECTIVE 5.1.7 Provide a connected network of pedestrian-friendly streets and pathways
POLICY a. Design new streets to connect with other streets, except where topography or existing
development prevents a connection
COMMENT All streets are planned to connect through the project to future streets.
POLICY d. Provide mid-block pedestrian pathways where long blocks are necessary
COMMENT A greenway and trail are planned through the long block in this subdivision.
POLICY g. Provide sidewalks along both sides of all public streets
COMMENT Sidewalks are planned on all the local streets. On Hiline Road a path is planned on the east side.
POLICY h. Design local streets serving residential areas as "skinny" streets to slow traffic and
accommodate pedestrians and bicycles, as well as vehicles
COMMENT The approved cross sections for local streets in Northside Crossing are narrower than standard city
streets, with sidewalks separated from the curb and travel lanes.
STRATEGY* a. Use streets, pedestrian ways, and connectivity development standards to ensure that streets
and pedestrian ways are well connected and provide a safe environment for pedestrians
COMMENT The facilities are all designed for optimum pedestrian and bicycle safety.
CHAPTER 6: COMMUNITY DESIGN
GOAL 6.1: INVEST IN THE IMPROVED APPEARANCE OF OUR CITY AND STIMULATE IMPROVEMENTS BY THE
PUBLIC SECTOR
OBJECTIVE 6.1.2 Contribute to the appearance of neighborhoods and communities through placement and
design of public parks
POLICY a. Establish park design standards and guidelines to enable the development of attractive,
functional, low maintenance parks that generally serve as the focal points for neighborhoods and
communities
COMMENT The subdivision includes greenways, paths, and open space.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
OBJECTIVE 6.1.4 Coordinate private improvements with public investments
POLICY d. Apply for Transportation Efficiency Act enhancement and congestion mitigation and air quality
funds for state and federal highways to improve the appearance of Yellowstone Avenue and
Interstate exchange and create a bicycle/pedestrian path system linked to the transit system
COMMENT The proposal includes continuation of the trail system throughout Northside Crossing.
GOAL 6.2 ENCOURAGE NEW DEVELOPMENT THAT IS COMPATIBLE WITH EXISTING BUILDINGS AND
NEIGHBORHOODS, AND PROMOTE AND PRESERVE THE QUALITY OF RESIDENTIAL NEIGHBORHOODS
OBJECTIVE 6.2.1 Use design guidelines, standards, and incentives to ensure that new infill and
redevelopment are compatible with established development
POLICY a. Bulk and height of the new residential infill and redevelopment projects shall be similar in
scale to surrounding residential development
COMMENT There is no adjacent (existing) residential development.
POLICY c. Encourage the development of well-landscaped parking lots and buffer strips on major
corridors
COMMENT The proposal appears to conform to the policy; landscaping is planned along the streets.
OBJECTIVE 6.2.2 Encourage infill and redevelopment to be pedestrian-oriented
POLICY a. New infill and redevelopment housing shall be designed so that:
Garages and carports are set back farther from the street than the front of the dwelling
Usable front porches or balconies are provided and are oriented to the street
COMMENT The project is not infill, but it does follow housing design standards and is pedestrian-oriented.
GOAL 6.3 IN NEW NEIGHBORHOODS, PROVIDE A BETTER MIX OF RESIDENTIAL AND COMMERCIAL LAND
USES AND A MORE WALKABLE COMMUNITY
OBJECTIVE 6.3.1 Create new pedestrian-oriented neighborhoods within areas identified as New
Neighborhoods on the Growth management Plan Map
COMMENT The proposal appears to conform to the objective, it creates a pedestrian-oriented
neighborhood.
OBJECTIVE 6.3.2 Use neighborhood design principles for new development within Neighborhood Plan
Districts, as defined on the Growth Management Plan Map
POLICY a. New neighborhoods shall be designed to meet the following design principles:
Connect streets with other streets to provide a network
Use distinct edges or boundaries to define the neighborhood
Include sidewalks that are safe, convenient, and interesting
Incorporate parks and institutions into neighborhoods
Provide a mix of housing choices and types
Design neighborhoods to accommodate bus transit
COMMENT The proposal appears to conform to each of the points in the policy.
POLICY b. Assure that future developments results in the establishment of recognizable neighborhoods,
communities, and districts
COMMENT The proposal appears to conform to the policy and the Northside Crossing MDP, and creates part
of a unique Village District within Northside Crossing.
CHAPTER 7: GOVERNMENT SERVICES
GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY
MEDICAL SERVICES
OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional
fire stations in Chubbuck
POLICY a. Discourage development outside the USB
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
COMMENT The proposed subdivision is within the USB.
GOAL 7.5. MANAGE STORMWATER RUN-OFF TO REDUCE SOIL EROSION AND FLOODING
OBJECTIVE 7.5.1 Develop and keep up-to-date, a cost-effective and environmentally sensitive stormwater
facility master plan
POLICY a. Encourage new development to retain stormwater runoff on-site
COMMENT Stormwater will be retained on site
GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND
SANITARY SEWER SERVICES
OBJECTIVE 7.6.3 Support efforts to service existing vacant land within the City before extending water and
sewer services to development lands outside City limits
POLICY b. Infill of underutilized property shall be encouraged through the use of innovative approaches
for the provision of access and utilities
COMMENT The proposal is within the city limits
OBJECTIVE 7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many
residents as possible
POLICY b. New water and sewer lines into unserved areas shall be provided at the developer's expense
COMMENT The developer is installing new water and sewer lines to serve the project.
GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC
BUILDINGS AND UTILITY SYSTEMS
OBJECTIVE 7.7.1 Manage the cost of providing public services to the community
POLICY a. Encourage compact development in order to reduce the cost of providing public services
COMMENT As a Creative Community a minimum density was required in the Northside Crossing MDP.
POLICY b. Require and impose current municipal standards on areas where utilities are extended
COMMENT The proposal appears to conform to the policy; it follows City standards and MDP guidelines.
CHAPTER 8: RECREATION
GOAL 8.1 BROADEN RECREATIONAL OPPORTUNITIES
OBJECTIVE 8.1.1 Maintain existing and future parks
POLICY c. Develop and maintain access to the public lands surrounding the city
COMMENT The subdivision includes dedicating part of a new greenway trail along Hiline Canal.
OBJECTIVE 8.1.2 Create new parks and recreational facilities to serve both new development in existing
neighborhoods and new communities
POLICY c. Encourage the creation of neighborhood parks in conjunction with large-scale residential
development and as part of the neighborhood refinement plan process
COMMENT Open space parcels, including trail and greenway, are included in the proposal.
CHAPTER 9: NATURAL RESOURCES
GOAL 9.3 PROTECT AIR FROM POLLUTION
OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled
POLICY a. Require new streets to connect with other streets
COMMENT The project is planned to connect through to other streets in Northside Crossing.
POLICY b. Require the consideration of transit access in subdivision review
COMMENT Transit routes and stops can be accommodated with the street designs.
POLICY c. Require the inclusion of bicycle and pedestrian systems during subdivision review and
development to support alternative modes of transportation
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
COMMENT The proposal includes sidewalks, trails, and greenway for bike and pedestrian use.
POLICY d. Provide a mix of land uses, a more-connected street network, and alternative modes of
transportation, including buses and shuttles
COMMENT As a part of the Northside Crossing Creative Community, the proposal helps to implement each
of these.
GOAL 9.5 PRESERVE FARMLAND WITHIN THE REGION
OBJECTIVE 9.5.1 Preserve prime farmland for productive agricultural use for as long as is practical
POLICY f. Within agricultural zoning districts, limit residential densities to an average of no more than
one dwelling per 40 acres. For new rural development in agricultural districts, use lot-size
averaging to cluster homes on small lots while maintaining large parcels for agricultural use
COMMENT The project will consume farmland but it is not in Agriculture zoning. It is within City limits and
the USB.
CHAPTER 10: HOUSING
GOAL 10.1 RESPOND TO HOUSING NEEDS
OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development
POLICY a. Plan for a variety of housing types
COMMENT The proposed subdivision will include lots from 4,500 sf to 12,500 sf.
OBJECTIVE 10.1.2 Protect residential property values
POLICY a. Use a combination of zoning, development standards, site planning guidelines, and
transportation routes to protect residential property values – they will be used to create the
highest level of compatibility between adjacent uses possible while retaining a synergistic mix of
uses within neighborhoods and communities
COMMENT The proposal appears to conform to the policy; the Northside Crossing MDP considers each of
these points.
GOAL 10.3. ENCOURAGE MORE DENSE RESIDENTIAL DEVELOPMENT PATTERNS WITHIN THE CITY
OBJECTIVE 3.2 Encourage more dense residential developments, generally meeting the following criteria, in
all areas of the city
COMMENT The proposal appears to conform to the goal and objective; the Creative Community requires a
minimum density.
CHAPTER 13: SCHOOL LOCATION AND TRANSPORTATION
GOAL 13.1 DELIVER OUR CHILDREN SAFELY TO SCHOOL
OBJECTIVE 13.1.2 Create opportunities for children to walk safely to school
POLICY a. Establish a system of paths, sidewalks, bike lanes and routes that permit safe access to city
schools
POLICY b. Consider pedestrian access to nearest school during site plan review
POLICY c. Require sidewalks along both sides of public streets
COMMENT The design of the subdivision provides sidewalks and safe pedestrian/bicyclist facilities, but a
school site has not been identified nearby.
* The Comprehensive Plan includes several strategies with the policies in certain chapters.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
2. Does the Preliminary Plat comply with 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
Y
17.12.030,
17.12.050 Copies to be Submitted, Notice and Fee
Staff
Comments
The applicant has completed the requirements of these
sections.
Y Department
Comments
Public Works:
Concerns have been addressed by the applicant.
Y Department
Comments
Engineering:
The department has reviewed the applicant’s proposal for
compliance. Remaining concerns are listed with staff
recommendations.
Y Department
Comments
Maintenance / Operations:
Concerns have been addressed by the applicant.
Y Department
Comments
Fire Department:
Concerns have been addressed by the applicant.
Y Department
Comments
Police Department:
Concerns have been addressed by the applicant.
CITY CODE TITLE 17 – PRELIMINARY PLAT STANDARDS
Compliant Standards and Staff Comments
Yes No N/A City Code City Standard and Staff Comments
Y 17.12.150 Form of Presentation
Staff
Comments Applicant has provided all information required of this section.
Y 17.12.160 Identification and Descriptive Data
Staff
Comments Applicant has provided all information required of this section.
Y
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.
Y
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.
Y
17.12.190 Proposed Utility Methods
Staff
Comments
Water and sewer will be extended into the development from
the west, applicant has provided service locations shown on the
preliminary plat.
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
CITY CODE TITLE 18- LAND USE
Compliant Standards and Staff Comments
Yes No N/A City Code City Standard and Staff Comments
Y
18.08.042A Height and area Regulations
Staff
Comments
This is proposed in a Village District in the CC-NC zone and is
limited to 2 stories high and no minimum lot size.
Y
18.08.044 Lot Width to depth ratio
Staff
Comments
This is proposed in the CC-NC zone, which has no maximum
ratio.
PUBLIC IMPROVEMENT REQUIREMENTS
Improvement Description
Water Water mainlines with services will be constructed and connected to existing
water mainlines.
Sewer Sewer mainlines with services will be constructed and connected to existing
sewer mainlines.
Streets Right-of-way has been dedicated and the street will be constructed per
16.12.020C and in accordance with the comprehensive plan and MDP.
Storm Drainage Storm water will be retained on site.
Pressurized Secondary
Irrigation
Secondary irrigation facilities will be designed and constructed in accordance
with section 16.12.230 of city code.
Parks Part of the subdivision is planned as park and trail development, per the MDP.
OTHER AGENCY COMMENTS AND REQUIREMENTS
Agency Comment
BTPO No comment received.
Bureau of Indian Affairs No comment received.
Cable One No comment received.
Century Link No comment received.
Direct Communications No comment received.
ID Fish and Game No substantial concerns regarding impacts to fisheries or wildlife populations.
ID Transportation No comment received.
Idaho Power No comment received.
Intermountain Gas No comment received.
School District 25 No comment received.
SE Idaho Public Health No comment received.
US Postal Service No comment received.
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:
Don Matson, Senior Planner
dmatson@cityofchubbuck.us
(208) 237-2430
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. DATE: March 3, 2020
EXHIBITS
1. Reference Map
2. Application for Preliminary Plat
3. Plat
4. Narrative for Preliminary Plat
5. Maps
a. Future Land Use
b. Current Zoning
6. Evidence of Notice
a. Site Posting
b. Agency 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 5a:
Comprehensive Plan Future Land Use Map –
Northside Crossing Division 4
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
Exhibit 1:
Reference Map – Northside Crossing Division 4
PO Box 5604 – 5160 Yellowstone Avenue
Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
PRELIMINARY PLAT
APPLICATION
PAGE 1 OF 4
Requirements and procedures for Preliminary Plat applications are found in section 17.12.030 – 17.12.190 of municipal code. The following
must be filled out and submitted with all required documents in order to progress to the next stage of the review process; failure to submit a
complete application packet may result in additional fees.
DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT:
SECTION A –DEVELOPER/APPLICANT INFORMATION
A1.
Name
A2.
Mailing Address
City State Zip Code
A3.
Phone Number (including area code)
A4.
Email Address
SECTION B – PROFESSIONAL SERVICES INFORMATION
B1.
Firm Name
B2.
Mailing Address
City State
Zip Code
B3.
Point of Contact (Name)
B4.
Email Address
SECTION C – SITE INFORMATION
C1.
Site Address City Zip
C2.
Tax Parcel #(s)
C3.
Current Land Use
C4.
Are there existing structures on-site?
Yes No
C5.
Is the site under contract or in the name of the developer/applicant?
Yes No
C6.
Approximate size of property
C7.
Are there any existing items of which Staff should be aware?
Yes No If yes: _____________________________________
___________________________________________________________
___________________________________________________________
C8.
Does the site contain irrigation water rights?
Yes No
If yes, which company/district: ___________________
____________________________________________
Lyn Yost
13982 N. Rio Vista Rd.
Pocatello ID 83202
(740)258-7094 lynyost1@gmail.com
RMES
600 East Oak Street
Pocatello ID 83201
J. MItchell Greer mitch@rmes.biz
Undeveloped Ground Chubbuck 83202 RCCPC041900
Creative Community x
x 10.66 Acres
x x
Fort Hall Irrigation Company
Northside Crossing
Division 4:Exhibit 2
PO Box 5604 – 5160 Yellowstone Avenue
Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
PRELIMINARY PLAT
APPLICATION
PAGE 2 OF 4
SECTION D – PROPOSED DEVELOPMENT INFORMATION
D1.
Plat Name
D2.
Number of Lots
D3.
Type of Land Uses within development (residential, commercial, industrial, etc.)
D4.
Water & Sewer Needs
D5.
Are there any issues related to the development of which Staff should be aware prior to meeting?
Yes No If yes: __________________________________________________________________________________________
D6.
Will the development contain any commonly-owned and/or maintained improvements (storm water, streets, parks/playgrounds, etc.)?
Yes No If yes, what: _____________________________________________________________________________________
SECTION E – ADDITIONAL SUBMITTAL REQUIREMENTS
E1. Preliminary Plat Application Fees ( ______ total # of lots X $5.00 + $203.00 base fee = $ _________)
E2. Master Plan, for any preliminary plat that is a portion of a large parcel, part of a larger group of commonly held parcels, or
part of a larger development which has been, or shall be developed by the developer, shall be accompanied by a master plan
submitted during the preliminary platting process.
E3. Preliminary codes, covenants, and restrictions (CC&Rs) addressing maintenance of commonly -owned improvements and/or
land, if the development will contain any commonly-owned improvements and/or land.
E4. Narrative indicating how the approval criteria for preliminary plats are addressed. Approval criteria are as follows (17 .12.100):
1. The subdivision proposal complies with applicable provisions of this title.
2. The subdivision proposal complies in principle with all applicable city design standards and development regulations.
3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applic able
overlays, and other applicable development standards.
4. All public facilities including streets, sidewalks, curbs, gutters, water, sewer, fire protection, and sanitation services can be
provided to the newly created lots and accommodate future exten sion to adjacent land. The use of a "control strip"
intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited.
5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact
study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring
when:
a. A proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or
b. The added volume is equal to 1,000 vehicles per day.
6. The proposal provides for a continuation of a connected transportation system unless topography or natural features
prevents a connection to abutting streets or property.
7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with
Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans.
8. Public utilities are provided to the newly created lots in public rights of way or in appropriately sized easements.
Northside Crossing Division 4 36
Creative Community 40 EDU's
x
x
36 383.00
Northside Crossing
Division 4:Exhibit 2
PO Box 5604 – 5160 Yellowstone Avenue
Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
PRELIMINARY PLAT
APPLICATION
PAGE 3 OF 4
E5. PDF Drawings drawn according to municipal code containing the following:
Code Reference Staff
Reviewers
Initials
Preparer’s
Initials
Description
17.12.150 – 17.12.160 Presentation & Descriptive Data
Drawing Size (11”x22” minimum through 22”x34” maximum)
Proposed Name
Location of Development by Section, Township, Range
Reference to Section or Quarter Corner (dist. & Bear.)
Name, Address, Phone Number of Developer
Name, Address, Phone Number of Engineer/Surveyor
North Arrow
Date of Preparation (Including Revisions)
Vicinity Map
17.12.170 Existing Conditions
Existing Contours @ adequate Interval
Existing Features
Existing Utilities
Existing R-O-W, easements, public areas, corporation lines
Instrument # for parcels with common boundaries
Existing & proposed zoning
Total acreage
Boundary dimensions
17.12.180 Proposed Conditions
Street layout (including width)
Street names
Connections to existing streets
Lot dimensions
Lot numbers
Total number of lots
Location, width, and use of easements
Designation of land for public use (parks)
17.12.190 Proposed Utility Methods
Proposed sewage disposal
Proposed water supply
Proposed storm water disposal
17.16.100 Park requirements
5 acres per 1,000 people, centrally-located (use current census)
Contribution in lieu of park (17.16.140)
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
CRN
Northside Crossing
Division 4:Exhibit 2
DH 9/10/19
Northside Crossing
Division 4:Exhibit 2
FRASER, SHAWN WSIMONS, N CRAIG
MERICA, RANDYMERICA, RANDY WAYNECITY OF CHUBBUCK21' deepRIM-4502.58INV-4481.60RIM-4499.5INV-4482.5NO PARKING16
177724101716PROJECT
LOCATIONI-150
0
ARCH D SCALE (24"x36")
ARCH B SCALE (12"x18")
200100200
10050100
1 INCH = 200 FEET
1 INCH = 100 FEET
EngineersSurveyorsPlanners
600 E. Oak St. Pocatello, ID 83201 (208) 234-0110
301 58th St. W. #138 Williston, ND 58801 (701) 572-0110
TM
DEVELOPER INFORMATION
NAME J AND Y
CONTACT LYNN YOST ADDRESS 13985 N. RIO VISTA
POCATELLO IDAHO, 83201
PHONE (740) 258-7094
SHEET INFORMATION
DRAWN BY JOEL P. DIXON
PROJECT #17120
CHECKED BY J. MITCHELL GREER
FILE PATH R:\17\YOST, LYN\NORTHSIDE CROSSING - 17120\DES\BASE\NSX - 6-4-19
DATE CREATED 12/10/2017 LAST REVISED 01/29/2019
VICINITY MAP
LEGEND & NOTES
CONCEPT LAYOUT FOR THE:
NORTHSIDE CROSSING
LOCATED IN THE WEST HALF OF SECTION 35,
TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHOYELLOWSTONE AVE.TYHEE RD.
WHITAKER LN.
HILINE RD.
TYHEE
R
D
.
BOUNDARY LINE
PROPERTY LINE
EASEMENT LINE
CENTERLINE
SECTION LINE
KEY SUBDIVISION INFORMATION
ZONING:X
SETBACKS:20.00' FRONT (25.00' GARAGE)
6.00' SIDE (20.00' ALONG ROW)
20.00' REAR
TOTAL AREA:100 AC. +/-
TOTAL UNITS:X UNITS
NOTES
1.GAS, POWER, TELEPHONE, CABLE T. V. & ETC. TO BE PROVIDED WITHIN
DEVELOPMENT.
2. STORM WATER GENERATED SHALL BE DETAINED ON SITE IN EXISTING DETENTION
PARK AND SWALES.
3.15' (FT.) WIDE EASEMENTS SHALL BE PROVIDED ALONG ALL RIGHTS OF WAY AND
AS NEEDED FOR THE VARIOUS UTILITY COMPANIES.
BUILDING ENVELOPE
TOWNHOME
PROJECT STATISTICS
ESTATE 36
TRADITIONAL 234
COTTAGE 56
PATIO 72
TOWNHOUSE 64
APARTMENTS 250
SENIOR LIVING COMMUNITY 250
COMMERCIAL (SIPHON) (40,000 S.F.)
COMMERCIAL (TYHEE) (25,000 S.F.)
COMMERCIAL FLEX (22.5 AC.)
TOTAL RESIDENTIAL 462 UNITS
TOTALROADWAY 31,432 L.F.
28
33
32
8
11
17
30
22
74
100
CONCEPT LAYOUT FOR THE:
NORTHSIDE CROSSING
LOCATED IN THE WEST HALF OF SECTION 35,
TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO
NORTHI-86 HILINE RD.SIPHON RD.
CHUBBUCK RD.
24
HIGH DENSITY
250
55 AND ACTIVE
36
OFFICE/ FLEX
20
COMMERCIAL SIPHON RD35,000 S.F.
7
19
34
12
12
14
7
22
40
30
13
55 & ACTIVE
C-STORE
THE TERRACES AT
NEW DAY
OFFICE/ FLEX
ENTRY
ENTRY
ENTRY
ENTRY
ENTRY
ENTRY
ENTRY
SENIOR LIVING ENTRY
5
ENTRY
AURORA BLVD.
55 AND ACTIVE
11
21
16
26
13
10
16 16
18
17000 S.F.
55 AND ACTIVE
PARK AREA
BERM
18
55 AND ACTIVE
25
4
4
15
5
13
AURORA BLVD.DAWN DAYLIGHTMORNING DEWNorthside Crossing
Division 4:Exhibit 2
TEL FO
WSWSWSWSWSWSWSWSWSWSWSWSWSWS WSWSWSWSWSWS WSWS WSWSWSSSSS SSSSSSSS
SS
SSSS SSSSSSSSSSSSSSSSSSSSSSSSSSSS47760 SF59405 SF69843 SF710693 SF812163 SF26953 SF810029 SF78836 SF68762 SF58762 SF48889 SF39771 SF28565 SF18400 SF19509 SF19827 SF35375 SF45277 SF25367 SF15652 SF34355 SF75313 SF64305 SF54280 SF44311 SF15104 SF25029 SF16148 SF346969 SFIRIRIR
SSIR IR
IR
SS
SS
SS
WSWSWSWSIR
IR
IR
IR
IR
IR
IR
WSWSWSWSIR
IR
IR
IRWSWSIRIRIRIRIRIRIRIRSS IRIR SSSS SSIRSSIRSS IRIRIRSS28619 SF35542 SFIRN 88°35'01" E 393.03'N 89°24'01" E 105.94'N 1°30'29" W 123.57'N 6°15'12" W 175.87'N 1°20'45" E 102.52'N 0°59'20" W 563.83'N 0°14'21" E 112.00'N 89°46'40" W 386.68'S 0°13'20" W 248.31'N 37
°04
'26
"
W
147
.68
'S 5°28'07" E 416.58'211950 SFS 83°46'34" W 282.73'211299 SF114083 SFS 1°31'17" E 206.66'L1L2
L3
L4 L5L6S 87°26'01" W 89.46'L7L8C1S 87°26'01" W 211.13'S 5°28'07" E 68.77'S 87°26'01" W 61.73'N 87°26'01" E 94.12'S 89°33'05" W 145.40'N 87°03'10" E85.60'N 83°44'48" E 112.54'N 1°30'29" W 116.35'S 1°20'45" W 195.70'S 0°59'20" E 454.17'N 52°55'34" E 194.76'S 89°46'40" E 94.47'N 0°26'55" W 104.68'C2C3C4C5C6C7C8C9C10C11C12C13C14C15
C16C17 C18C19C20C21C22C23C24C25C26C27C28 C29C30C31C32C33C34C35C36
C37C38C39C40
C41C42
C43 C44147.62'209.06'77.50'
75.00'19.48'
L
9
L10S 2°33'59" E 106.93'S 2°33'59" E 107.50'107.50'N 83°44'48" E 85.32'N 83°44'48" E 82.39'N 0°35'59" W 96.61'N 1°26'59" W 86.59'85.65'85.79'86.66'N 88°33'01" E 281.98'S 89°24'01" W 105.94'C45C4641.55'40.76'50'50'27.32'50'27.41'9.10'27.08'26.02'26.02'42.69'43.04'46.02'46.02'47.08'N 1°26'59" W 87.54'20.00'67.53'20'50'50'50'50'62'67.43'22.24'L1122'72.69'37.71'50.17'101.57'22'51.54'54.4'282'25.5'25.5'111.03'40'45'54.88'53.61'45'40'144.11'L12L1354.68'54.68'53.44'50'50'57.69'46.77'22'58.49'51.77'79.53'86.25'85.07'55.48'3
7
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3
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76.82'107.5'85.61'30'30'22.19'22.05'63.24'56.48'22'102.52'16.37'N 83°44'48" E81.49'76.87'80.55'61.50'16.32'N 85°39'32" E 109.69'
N 89°00'40" E 109.50'
109.50'
N 89°00'40" E 114.21'
109.50'
109.50'
S 89°45'39" E 145.75'
S 89°45'39" E 106.22'
112.95'
119.60'84.67'84.67'85.84'71.15'92.44'81.18'80.02'80.02'39.71'50.02'86.03'81.18'80.02'80.02'80.12'79.60'2
6
.
9
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.
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1
'2.71'N 84°59'53" E 88.89'S 88°34'55" E 96.02'
N 85°39'32" E 100.15'
C47
75.00'75.00'236.68'112.00'25.5'25.5'25.50'25.5'NORTHSIDE CROSSING DIVISION 4PRELIMINARY PLAT FOR:A DEVELOPMENT LOCATED IN:SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 5 SOUTH,RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO00ARCH D SCALE (24"x36")ARCH B SCALE (12"x18")100501005025501 INCH = 100 FEET1 INCH = 50 FEETEngineersSurveyorsPlanners600 E. Oak St. Pocatello, ID 83201 (208) 234-0110 301 58th St. W. #138 Williston, ND 58801 (701) 572-0110TMPRELIMINARYBASIS OF BEARINGPER IDAHO STATE PLANE COORDINATESYSTEM - EAST ZONE. GPS OBSERVATIONCOMBINATION FACTOR OF 1.0002579939.COORDINATES ARE BASED ON (IDPOCORS).NORTHSIDE CROSSING DIVISION 4PRELIMINARY PLAT FOR:NORTH
LEGEND & NOTESBOUNDARY LINEPROPERTY LINEEASEMENT LINEWATER LINESEWER LINESEWER MANHOLESEWER SERVICEFIRE HYDRANTWATER METERWATER SERVICEWATER VALVECONTOUR LINESSTORM MANHOLESTORM CATCH BASINIRRIGATION LINEPROPOSEDEXISTINGWSSSWSSSSECTION LINENORTH HILINE ROADSUBDIVISION NOTES1.EXISTING ZONING: CREATIVE COMMUNITY2.LOT SIZE DATAREQUIRED MINIMUM: N/APROPOSED MINIMUM: 4,305 S.F.3.SUBDIVISION STATS: 36 TOTAL LOTS 31 SINGLE FAMILY RESIDENTIAL LOTS 1 CONDOMINIUM LOT 5 OPEN SPACE 10.54 ACRES PROJECT AREA 0.76 ACRES OPEN SPACE4.GAS, POWER, CABLE T. V. & ETC. TO BE PROVIDED.5.EASEMENTS ARE 10' (FT.) WIDE UNLESS OTHERWISE NOTED.6.ALL ALLEYS ARE TO BE DEDICATED TO THE CITY OFCHUBBUCK FOR PUBLIC RIGHT-OF-WAY.NORTHSIDE CROSSINGDIVISION 4VICINITY MAPWHITAKER RD SIPHON RDPOCANO STHAMPTON AVEROANOKE DRCHESAPEAKE AVECALLAWAY DRTHOMAS STNATHAN AVETAILWIND CIRINDUSTRY WAYSOUTHSIDE WAYRANDY MERICA
INST NO.896747 CITY OF CHUBBUCKINST NO.21602283FUTURESTORM LINEIRRIGATION METERIRRIGATION VALVESPRING MEADOWS RDSUNLIGHT LOOPSUNLIGHT LOOPAURORA BLVDFUTUREFUTURE
(R)RESTRICTION ON LOT(SEE NOTES)NAMEJ AND YCONTACTADDRESS13985 N. RIO VISTAPOCATELLO, IDAHO 83201PHONE(740) 258-7094DRAWN BYCHEYENNE R. NEWBERRYPROJECT #19059CHECKED BYJ. MITCHELL GREERFILE PATHDATE CREATED08/01/2019LAST REVISED02/28/2020LYNN YOSTR:\19\YOST, LYNN\NORTHSIDE CROSSING DIVISION - 19059\DES\BASE\NC4 PRE-PLATSHEET NUMBER1 OF 2BLOCK 3BLOCK 1BLOCK 2BLOCK 5BLOCK 6BLOCK 7BLOCK 8BLOCK 94 UNIT CONDO20' ACCESS ANDPUBLIC UTILITYEASEMENT20X20 SNOWEASEMENT20X20 SNOWEASEMENT12' TRAIL24'24'24'24'24'24'24'24'14.5'14.5'14.5'14.5'12597 SF12529 SF50 X 60 ACCESSEASEMENT51 X 20 PUBLICUTILITYEASEMENT51 X 20 PUBLICUTILITYEASEMENT51' X 20' PUBLICUTILITYEASEMENTLOT RESTRICTION (R) AS FALLOWS:(R1): LOTS 3 THRU 7 BLOCK 2, LOTS 1 THRU 4 BLOCK 4, LOTS 1 & 2 BLOCK 5, AND LOT 1BLOCK 6 ARE RESTRICTED FROM HAVING VEHICULAR ACCESS ONTO AURORA BLVD.(R2): LOT 1 BLOCK 2 AND LOT 1 BLOCK 3 ARE DEDICATED TO THE HOMEOWNERSASSOCIATION AND ARE NON-BUILDABLE LOTS. THE SAID LOTS TO BE COVERED IN THEIRENTIRETY WITH A PUBLIC UTILITY EASEMENT.(R3): LOT 2 BLOCK 2 AND LOT 2 BLOCK 3 ARE RESTRICTED FROM HAVING VEHICULARACCESS ONTO HILINE RD.(R4): LOT 2 BLOCK 7 AND LOT 3 BLOCK 8 ARE TO BE DEDICATED TO THE CITY OF CHUBBUCKFOR A RECREATION PARK, DRAINAGE CONTROL, AND ANY OTHER PURPOSE DEEMEDAPPROPRIATE BY THE CITY OF CHUBBUCK CITY COUNCIL. THE SAID LOTS TO BE COVEREDIN ITS ENTIRETY WITH A PUBLIC UTILITY AND STORM WATER DRAINAGE EASEMENT.(R5): LOT 3 BLOCK 9 WILL BE RE-DIVIDED AT TIME OF CONDO CONSTRUCTION.(R6): LOT 1 BLOCK 1 WILL BE A NON-BUILDABLE LOT AND CURRENTLY HAS THE FORT HALLIRRIGATION CANAL LOCATED WITHIN. IT WILL BE DEDICATED TO THE CITY OF CHUBBUCKFOR A RECREATION PARK, DRAINAGE CONTROL, AND ANY OTHER PURPOSE DEEMEDAPPROPRIATE BY THE CITY OF CHUBBUCK CITY COUNCIL.(R3)(R1)(R1)(R1)(R1)(R1)(R2)(R2)(R3)(R4)(R4)(R1)(R1)(R1)BLOCK 4(R1)(R1)(R1)(R1)(R5)16" WATER MAIN TO BECONSTRUCTED DURINGTHE HARVEST SPRINGSSUBDIVISIONIRRI STUB TOFUTURE PUMPSEWER / WATER / IRRIGATIONWILL CONNECT INTO EXISTINGSYSTEM CONSTRUCTED INDIV. 2SEWER / WATER / IRRIGATIONWILL CONNECT INTO EXISTINGSYSTEM CONSTRUCTED INDIV. 2TEMP. PONDTEMP. PONDTEMP. PONDFUTURE PARKFUTURE PARKGRAVELTURNAROUNDSOUTHEAST CORNER OFSECTION 34. FOUNDALUMINUM CAP MONUMENTAS DESCRIBED IN CP & FINST. NO. 21211748S 89°46'40" W
364.29'N 00°14'09" W 2647.68'35
34
3 2
3534409.49'1323.84EAST 1/4 CORNER OF SECTION 34.FOUND 1/2 REBAR WITH PLASTIC CAPSTAMPED "LS 2341" AS DESCRIBED INCP & F INST. NO. 20520348P.O.B.A DEVELOPMENT LOCATED IN:SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OFSECTION 34, TOWNSHIP 5 SOUTH,RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO(R6)15' PUBLICACCESSEASEMENTNorthside Crossing
Division 4:Exhibit 3
NORTHSIDE CROSSING DIVISION 4PRELIMINARY PLAT FOR:EngineersSurveyorsPlanners600 E. Oak St. Pocatello, ID 83201 (208) 234-0110 301 58th St. W. #138 Williston, ND 58801 (701) 572-0110TMNAMEJ AND YCONTACTADDRESS13985 N. RIO VISTAPOCATELLO, IDAHO 83201PHONE(740) 258-7094DRAWN BYCHEYENNE R. NEWBERRYPROJECT #19059CHECKED BYJ. MITCHELL GREERFILE PATHDATE CREATED08/01/2019LAST REVISEDPRELIMINARY02/28/2020NORTHSIDE CROSSING DIVISION 4PRELIMINARY PLAT FOR:LYNN YOSTR:\19\YOST, LYNN\NORTHSIDE CROSSING DIVISION - 19059\DES\BASE\NC4 PRE-PLATSHEET NUMBER2 OF 2N.T.S.30'30'60' ROW10' UTILITYEASEMENT10' UTILITYEASEMENT20.5'20.5'5'5'4'4'0.5'0.5'25'25'2:1 CUT SLOPE2:1 FILL SLOPE2:1 CUT SLOPE2:1 FILL SLOPE2.00 CROWN STREET SECTION25.5'25.5'51' ROW10' UTILITYEASEMENT10' UTILITYEASEMENT16.5'16.5'5'5'4'4'25'25'2:1 CUT SLOPE2:1 FILL SLOPE2:1 CUT SLOPE2:1 FILL SLOPE2.00 CROWN STREET SECTIONN.T.S.N.T.S.11'11'22' ROW2.00 CROWN ALLEY SECTIONSPRING MEADOWS RD & SUNLIGHT LOOPALLEY TYPICAL SECTIONAURORA BLVDN.T.S.40'45'85' ROW15'15'2:1 CUT SLOPE2:1 FILL SLOPEROAD SECTION 9ARIESHILINE RD10' UTILITYEASEMENT25'LANDSCAPE20' LANDSCAPE BUFFER10'CANAL BANKLINE TABLE#L1L2L3L4L5L6L7L8L9L10L11L12L13BEARINGN 88°29'31" ES 83°44'48" WS 89°46'40" ES 84°59'53" WS 05°28'07" ES 85°46'26" WS 06°40'10" ES 04°13'34" ES 37°04'28" EN 52°55'34" EN 01°26'59" WS 04°13'34" ES 04°13'34" EDISTANCE51.00'28.47'16.97'22.00'65.80'51.00'50.11'12.71'27.04'14.24'22.07'17.48'17.48'CURVE TABLE#C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20RADIUS20.00'2846.96'2891.96'2891.96'2931.96'2931.96'20.00'20.00'1000.00'1500.00'800.00'800.00'1000.00'1000.00'1500.00'150.00'150.00'500.00'20.00'20.00'Δ92°54'08"5°15'26"2°43'52"2°31'09"1°44'15"1°33'08"89°01'46"89°01'46"2°29'55"2°07'04"2°30'14"1°10'59"1°25'43"1°25'31"2°20'05"36°05'08"37°10'14"3°46'39"90°00'00"90°00'00"ARCLENGTH32.43'261.22'137.85'127.15'88.91'79.43'31.08'31.08'43.61'55.45'34.96'16.52'24.93'24.88'61.12'94.47'97.31'32.97'31.42'31.42'TANGENT21.04'130.70'68.94'63.58'44.46'39.72'19.66'19.66'21.81'27.73'17.48'8.26'12.47'12.44'30.57'48.86'50.44'16.49'20.00'20.00'CHORDBEARINGS 40°58'57" WS 02°49'33" ES 01°34'55" ES 04°12'25" ES 01°06'05" ES 04°42'02" EN 48°25'57" WN 42°32'17" EN 88°18'07" ES 88°29'33" WS 86°10'54" WS 84°20'17" WN 00°47'38" WN 00°37'59" ES 00°10'42" WS 19°01'54" EN 71°38'13" ES 02°20'15" ES 44°33'05" WN 45°26'55" WCHORDDISTANCE28.99'261.13'137.84'127.14'88.91'79.43'28.04'28.04'43.61'55.44'34.96'16.52'24.93'24.88'61.12'92.92'95.61'32.96'28.28'28.28'C21C22C23C24C25C26C27C28C29C30C31C32C33C34C35C36C37C38C39C4020.00'20.00'20.00'20.00'1470.00'1470.00'1530.00'1530.00'970.00'1030.00'474.50'525.50'525.50'1525.50'1474.50'1474.50'124.50'175.50'175.50'20.00'86°05'16"91°03'30"85°15'17"97°35'57"1°35'39"0°31'25"1°46'17"0°20'47"2°29'55"2°29'55"3°46'39"3°17'03"0°29'37"2°20'05"2°05'10"0°14'55"25°54'42"16°02'22"13°18'38"100°10'24"30.05'31.79'29.76'34.07'40.90'13.44'47.31'9.25'42.30'44.92'31.28'30.12'4.53'62.16'53.69'6.40'56.30'49.13'40.77'34.97'18.68'20.37'18.41'22.85'20.45'6.72'23.65'4.62'21.15'22.46'15.65'15.06'2.26'31.08'26.85'3.20'28.64'24.73'20.48'23.91'S 44°23'23" WS 47°02'14" EN 41°07'09" EN 47°27'14" WS 88°13'50" WS 89°17'22" WS 88°39'56" WS 87°36'24" WN 88°18'07" EN 88°18'07" ES 02°20'15" ES 02°05'26" ES 03°58'46" ES 00°10'42" WS 00°03'15" WS 01°13'17" WS 13°56'41" ES 22°19'09" ES 07°38'39" ES 76°59'14" E27.30'28.54'27.09'30.10'40.90'13.44'47.30'9.25'42.30'44.92'31.28'30.12'4.53'62.16'53.68'6.40'55.83'48.97'40.68'30.68'C41C42C43C44C45C46C4720.00'124.50'175.50'175.50'950.00'1050.00'20.00'100°05'06"20°28'34"18°26'35"18°43'40"2°29'55"2°29'55"87°05'52"34.94'44.49'56.49'57.36'41.43'45.79'30.40'23.87'22.49'28.49'28.94'20.72'22.90'19.01'N 19°42'13" EN 79°59'03" EN 81°00'03" EN 62°24'56" ES 88°18'07" WN 88°18'07" EN 49°01'03" W30.66'44.26'56.25'57.11'41.43'45.79'27.56'A DEVELOPMENT LOCATED IN:SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 5 SOUTH,RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHOA DEVELOPMENT LOCATED IN:SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OFSECTION 34, TOWNSHIP 5 SOUTH,RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHONorthside Crossing
Division 4:Exhibit 3
Northside Crossing Division No. 4 - Preliminary Plat Narrative
1. The subdivision proposal complies with the applicable provisions of this title. The current project as
proposed meets the applicable provisions of Creative Community code and is consistent with the
master plan.
2. The subdivision proposal complies in principle with all applicable City design standards and
development regulations. All lot sizes, rights-of way, roadways, utilities etc. have been designed to
comply with the approved Creative Community.
3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning
district, applicable overlays, and other applicable development standards. The current project is located
within an approved Creative Community zone within the city and will follow all of the parameters,
guidelines and development standards that the Creative Community zone requires.
4. All public facilities including streets, sidewalks, curbs, gutters, water, sewer, fire protection, and
sanitation services can be provided to the newly created lots and accommodate future extension to
adjacent land. The use of a "control strip" intended to control or prevent the future extension of public
facilities or development of adjacent land is prohibited. The current layout of the project allows for the
extension of public facilities to the west along Morning Dew Street and north along Sunrise Road and
west along Sunup Road. There are no areas within this develop that prevent or control access to
adjacent lands.
5. If city public works determines that the proposed subdivision will result in significant traffic impacts
then a "traffic impact study" will be required as part of the commission's review. A significant traffic
impact is generally defined as occurring when:
a. A Proposed development or redevelopment of a site will generate 100 or more new peak hour
trips; or
b. The added volume is equal to 1,000 vehicles per day.
The proposed project will consist of 40 households. Assuming an overall national average of 10 trips
per single family household per day (40 x 10 = 400) and 1.5 beak hour trip per day (40 x 1.5 = 60), the
400 total trips per day and 60 total peak hour trips per day will not generate enough peak hour trips
or total trips to warrant a traffic impact study; however the project is consistent with the overall
traffic system proposed with Northside Crossing Creative Community.
6. The proposal provides for a continuation of a connected transportation system unless topography or
natural features prevents connection to abutting streets or property. As stated in item #4, the proposed
layout will allow for the extension of public facilities north along Sunrise Road and west along both
Morning Dew Street and Sunup Road. There are no natural features or topography that will prevent
future connections.
Northside Crossing
Division 4:Exhibit 4
7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in
accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans.
The proposed subdivision will have sidewalks and trails connecting to previous and future
developments according to the Northside Crossing master plan.
8. Public utilities are provided to the newly created lots in public rights-of-way or in appropriately sized
easements (Ord. 773, 2018) The proposed project will have new water, sewer, storm and irrigation
utilities provided within the right-of-way. It will also have a 10' public utility easement provided
within the platted subdivision for public utilities i.e. phone, cable, power and gas, to install their
infrastructure to provide services to the new facilities that will be built.
Northside Crossing
Division 4:Exhibit 4
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
Exhibit 5a:
Comprehensive Plan Future Land Use Map –
Northside Crossing Division 4
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
Exhibit 5b:
Current Zoning – Northside Crossing Division 4
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
Exhibit 6:
Evidence of Notice – Northside Crossing Division 4
a. Site Posting
b. Agency notices on file with staff
a. Site Posting
Sign posted 2/13/2020
Office of Community Planning &
Economic Development
PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 – Fax 208.237.2409
www.CityofChubbuck.us
Memo
To: Land Use & Development Commission
From: Don Matson, Senior Planner
Date: March 3, 2020
Re: Antler Ridge PUD – Amendment to Landscaping Plan
The original plan for Antler Ridge PUD included a playground in the retention pond near
the south entrance to the project. The developers have realized this retention pond is
not the best location for a playground because of the frequency of standing water at
certain times of year.
Matt Spears, representing the development company, proposes making improvements
to the adjacent Meadow Park by constructing a new pavilion, BBQ grill, and playground.
Please see attached letter from Mr. Spears and the original and proposed landscape
plans. Meadow Park is at the corner of Polder Lane and Emma Street.
Exhibits: A. Letter requesting change to Antler Ridge Landscaping Plan
B. Approved Landscaping Plan (2017)
C. Proposed Landscaping Plan
To whom it may concern,
Phat properties are in the middle of the Antler ridge PUD project approved two years ago. In the
plans we proposed to do a small play ground area for the PUD. After proceeding with the project, we
realized the play ground being in the retention pond area is not going to be an ideal spot to be in use
year round with standing water most the spring and winter. After discussing several options, we
confronted a few city officials and proposed for us to redo the small existing park (owned by the City of
Chubbuck) on the North West corner of the PUD lots. Instead of constructing a new one literally within
few hundred feet of the existing one. The existing one is out dated, and has little to no traffic of use by
the public. We feel like it would be of better benefit to the pud renters, and the city to kill two birds
with one stone and put the intended money we have set aside for our little play ground and move it to
up grade the existing park. The intended Idea would be to have a pavilion, with outdoor BBQ grill, and a
small playground area next to the pavilion . we feel like we are doing everything we can to make our
space and usability of it the best we know how and would appreciate everyones vote to ok this proposal
to keep moving forward . we would be able to move forward with this project quickly once given the go
ahead.
We appreciate everyones time in this matter and look forward to making our community a nicer
place!!
Exhibit 1:Final PUD Application &Plan
Antler Ridge Final PUD Plan
Chubbuck Land Use &Development Commission
Meeting Date:October 10,2017
Page 25 of 27
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EX SSMH SSMH 1 SSMH 2 SSMH 3 SSMH 4 SSMH 5 SSMH 6N 89°51'24" E 267.89'S 01°07'25" E 347.40'S 88°47'38" W 86.64'S 01°23'10" E 49.90'
N 01°07'27" W 402.27'N 89°47'38" E 181.44'XXXXXXX
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X XX XXXX4479.5EMMA LANEPOLDER LANE
THE MEADOWS
SUBDIVISION
EXISTING
PARK AREA
PROPOSED
"TOT LOT"
LOCATION
DUMPSTER PAD
ENCLOSURE
DUMPSTER PAD
ENCLOSURE
GATED EMERGENCY
ACCESS POINT
18
PRIMARY ACCESS
FROM
CHUBBUCK RD.
26
17
PHASE LINE
LEGEND & NOTES
Engineers Surveyors Planners
600 E. Oak St. Pocatello, ID 83201 (208) 234-0110
301 58th St. W. #138 Williston, ND 58801 (701) 572-0110
TM
DEVELOPER INFORMATION
NAME PHAT PROPERTIES INC.
CONTACT MATT SPEARS ADDRESS P.O. BOX 4082
POCATELLO, IDAHO 83205PHONE(208) 317-1283
SHEET INFORMATION
DRAWN BY JOEL P. DIXON, SEAN O'BRIEN
PROJECT #17001
CHECKED BY J. MITCHELL GREER
FILE PATH R:\17\SPEARS, MATT\ANTLER RIDGE SUB - 17001\DES\LAY\9-8-17 ARA PUD OVERVIEW
DATE CREATED 1/13/2017 LAST REVISEDJ.MITCHELL GREERSTATEOFIDAHO
8613
REGIST EREDPROFESSIONAL ENGINEERPRELIMINARY
PLANNED UNIT DEVELOPMENT LANDSCAPING AND
MASTER PLAN FOR:
ANTLER RIDGE APARTMENTS
LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2,
TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN,
BANNOCK COUNTY, IDAHO
VICINITY MAP
INTERSTATE 86
2/24/2020YELLOWSTONE AVENUECHUBBUCK ROADHILINE ROADCHURCH OF JESUSCHRIST OF LATTERDAY SAINTSDIVERGING
DIAMOND INTERSTATE 15FLYING "Y"
INTERCHANGE
CHUBBUCK ROAD
PROJECT
LOCATION
HIL
INE
ROADYELLOWSTONE AVENUEWHITAKER ROADVERN ROAD
WHITAKER ROADUNION PACIFIC RAILROADUNION PACIFIC RAILROADLAYOUT NUMBERS
4-PLEX BUILDINGS:11
TOTAL DWELLING UNITS:44
REQUIRED PARKING:88
PROVIDED PARKING:96
HANDICAP STALLS:5
COMMON OPEN SPACE TABLE
DENSITY CALCULATION DATA
10.00'
24.00'
11.02'
10.85'
10.00 TYP.
18.00'
15.00'
24.00'3
BENCHES
SECONDARY
ACCESS 1
0.10 ACRES
2
0.10 ACRES
3
0.10 ACRES
4
0.10 ACRES
5
0.10 ACRES
6
0.10 ACRES
7
0.10 ACRES
8
0.10 ACRES
9
0.10 ACRES
10
0.09 ACRES
11
0.09 ACRES
12
1.30 ACRES
(SHARED OPEN SPACE)
32
6' VINYL FENCE
6' VINYL FENCE
6' VINYL FENCE
6' VINYL FENCE
15' X 18'
PAVILLION
OUTDOOR
BAR-B-Q
BASKETBALL
COURT
RE-LOCATE
AMMENITIES
TO CITY PARK