Loading...
HomeMy WebLinkAbout07 14 2020CHUBBUCK 1 0 n H a City of Chubbuck Land Use and Development Commission Regular Meeting July 14, 2020 7:00 PM City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 Due to social distancing needs, this meeting will be held via web and telephone ONLY via the following options: 1. Web -conference (no webcam is necessary to participate) https://us02web.zoom.us/i/88918313483?pwd=cGtuQ25BNUVtekZQMzQleFpyaGduQT09 Dial by your location (telephone): +1346 248 7799 US (Houston) +1669 900 6833 US (San Jose) +1253 215 8782 US (Tacoma) +1312 626 6799 US (Chicago) +1929 205 6099 US (New York) +1 301 715 8592 US (Germantown) Meeting ID: 889 1831 3483 Password: 063384 General information on joining a Zoom meeting can be found at https://support.zoom.us/hc/en- us/articles/201362193-Joining-a-Meeting. AGENDA CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES for June 9, 2020 (action item) IV. PUBLIC HEARING An application for annexation of approximately 9.64 acres of land into the City of Chubbuck and to include the property in the Limited Commercial (C-1) Zone. The Comprehensive Plan Future Land Use map designates this area for Mixed Use development and a small portion for Medium Density Residential development. Property is in the SW % of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Idaho. The affected property is generally located at the northeast corner of Philbin Road and Chubbuck Road. Type of Action: Recommendation to Council. (Action item) 2. A proposal by city staff to delete existing section of City Code, 18.12.030.N Permit Procedures for Residential Rental Dwellings, and replacing it with a new Chapter 18.10 Accessory Dwelling Units (ADUs), setting forth a new purpose, procedures, standards, and other criteria for future ADUs within the City of Chubbuck; to amend section 18.08.040 General Controls to clarify the process for neighbors comment on ADUs, and to amend section 18.12.040.A Miscellaneous Supplemental Controls to include ADUs. Type of Action: Recommendation to Council. (Action item). V. GENERAL BUSINESS No items. VI. ADJOURN City Hall and the City Council Chambers are accessible for persons with disabilities. Any person needing special accommodations to participate in the meeting should contact the City offices at 208.237.2430 at least 24 hours prior to the meeting. CHUBBUCK 1 0 R H 0 City of Chubbuck Land Use and Development Commission Regular Meeting June 9, 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, Thais Ayre, Carrie Holm, Brady Smith, and Brandon Jackson. Staff Members Present: City Attorney Tom Holmes, Planning Manager Don Matson, Planner Paul Andrus, Office Administrator Kami Morrison. Also joining via Zoom, Jeff Huckstep. Mendenhall called the meeting to order at 7:00 pm. Mendenhall asked if any Commissioners had a conflict of interest within the items before the board tonight. None were reported. APPROVAL OF THE MINUTES: May 12, 2020 Mendenhall entertained a motion to approve the minutes as emailed. Stoddard moved the minutes of the May 12, 2020 meeting be approved as emailed; Schwartz seconded. The full authority approved. Mendenhall reviewed Zoom meeting protocol and expectations. PUBLIC HEARING 1. An application for a Conditional Use Permit for an Animal Care Site for Dog Boarding. Subject property is generally located at 134 E Linden, Chubbuck Rd. The property is currently zoned General Commercial (C-2). Type of Action: Commission decision. (Action Item) Jeff Huckstep, the applicant, presented the application. Huckstep stated they would like to have a daycare/dog boarding facility in addition to their already existing dog grooming facility. Huckstep added that he knew there were concerns from neighboring businesses about dogs using the bathroom on their lawn. Huckstep stated that any dogs exiting the facility will be on leashes and will never have access to other properties. He also stated he knew that the noise level was another concern and that all dogs will be inside the building during evening hours to help with noise control and security for the dogs. All dogs that visit the facility are required to be up to date on their shots. Waste is all double or triple bagged before being disposed of. Huckstep added the facility is beneficial to the community and socializing for dogs is also beneficial. Ayre asked about the capacity of the facility. Huckstep stated that as of right now he wasn't sure of the potential capacity but they will be starting with 5 kennels for boarding. The plan is to start small and see what happens but it won't be a huge operation. They intend to provide a lot of one-on-one time to dogs. Berls asked if the dogs will always kenneled or if they will be allowed to go outside and play. Huckstep said that for most of the day they will be active and playing and will be separated between big dogs and small dogs. They will have both an outdoor and an indoor play area. Smith asked if animals will be relegated to inside and outside play areas or if they will do other activities off-site like walking or anything else. Huckstep stated as of right now they plan to keep them on the property. Later on down the road they may take them on walks but if they do the dogs would be leashed and walked one at a time. Walking would likely be at a client's preference/request. Paul Andrus, Planner, stated facility is a conditionally permitted use in the C-2 zone. No further questions from Commissioners. Mendenhall opened the public hearing. No testimony. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall asked if the fencing around the facility will be such that the dogs cannot see people who are parked in surrounding businesses. Huckstep stated that yes they will have privacy screening on fencing around all areas where the dogs will be. Mendenhall entertained a motion. Stoddard moved to approve the Conditional Use Permit as submitted Schwartz seconded. With all commission members understanding the motion they voted. Roll Call Vote: Dan Stoddard, Yes; Rebecca Berls, Yes; Brady Smith, Yes; Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm, Yes; Mike Schwartz, Yes; Jason Mendenhall, Yes. Motion carried. A proposal by city staff to replace an existing chapter of City Code, 18.20 Planned Unit Developments (PUDs), with a rewritten Chapter 18.20, setting forth new eligibility, procedures, standards, requirements, incentives, and other criteria for future PUDs within the City of Chubbuck and to modify other sections of code relating to PUDs. Type of Action: Recommendation to Council. (Action Item) Don Matson. Planning Manager, presented the final draft for approval. Mendenhall referenced the list of PUD's in Chubbuck that was sent to Commissioners. He said there was a case where there is a PUD that is being rezoned to something else but all of the property isn't being rezoned. Mendenhall wondered if they could add to the code that if the property doesn't meet the minimum criteria for a PUD that it would then have to be rezoned to something other than PUD. Attorney Holmes stated it would likely need a new public hearing to make that change. Something like the rezone, end up adding a section so would need to go through hearing process. Holmes added he felt it was more important to get the new code moved through and adopted. Mendenhall stated he was okay putting it on list for updates for the next go around. Berls pointed out in 18.20.70 section B4 it discusses different setbacks being adjacent to other properties. There is a part that says it's only applied to this section which is actually a subsection. Berls suggested that legally it should probably say "subsection" so that it is just refer to the buffering setbacks and not to the entire section of the code. Mendenhall opened the public hearing. No testimony. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall entertained a motion. Smith moved to approve the PUD updates as presented with the condition that Commissioner Berls minor updated be changed. Ayre seconded. With all commission members understanding the motion they voted. Roll Call Vote: Rebecca Berls, Yes; Brady Smith, Yes; Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes. Motion carried. 3. A proposal by city staff to revise an existing chapter of City Code, 18.06 Land Use Definitions, setting forth new, modified, and deleted definitions for subjects found in Chapter 18. Type of Action: Recommendation to Council. (Action Item) Matson stated there was one minor change since last time, which was adding the numbering back in. Also on the last page of the draft, page 12, Matson noted that there was a footnote in the Land Use Table about ADU's and it made more sense to put that with the ADU ordinance so that was moved. All other comments have been included in the draft. Berls said on page 87 of the packet, the chart that talks about zero lot line being "subject to restrictions" but couldn't find the restrictions. Matson stated there are some restrictions are in the footnotes that weren't included in the changes, but basically it says for R-1 and R-2, in the definition of districts, zero lot line homes are permitted if approved with and noted on the plat, if it is not noted on the plat they would need to come back for a CUP. Mendenhall opened the public hearing. No testimony. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall thanked Matson for his work and stated it was very comprehensive. Mendenhall entertained a motion. Jackson moved to recommend approval of code changes in 18.06 to the new version. Berls seconded. With all commission members understanding the motion they voted. Roll Call Vote: Brady Smith, Yes; Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Jason Mendenhall, Yes. Motion carried. GENERAL BUSINESS An application for a preliminary plat for the Chubbuck City Hall Subdivision to subdivide 5.13 acres into 8 commercial lots. Property is generally located at 224 Linden and 4699 Burley Dr., Chubbuck, Idaho. Type of Action: Recommendation to Council. (Action Item) Andrus, representing the applicant, presented the plat for the new Chubbuck City Hall. The property is jointly owned by the Chubbuck Development Authority and the City of Chubbuck. Andrus pointed out the parking comment on the staff report and stated that item will be dealt with in design review. Other comments on the staff report summary include a request from the Fire Department for a fire hydrant, access for road A onto Burley doesn't line up with access on empty lot across the street. Andrus stated it has been moved as far as possible and they anticipate when the lot across the street redevelops it may change to line up. Proposing an area wide irrigation system to service all of downtown. Engineering asked water be provided to the east lot. Building is under construction, foundations are being poured. City will be co-owner on the plat. Road names are currently A and B but they are taking suggestions to pass on to Council. Mendenhall stated that normally construction doesn't start until the preliminary plat has been processed, and asked how it started without plat approval. Andrus stated that part of it was a change in code month ago. Matson added that the parcel was already subdivided and platted once before so they were able to move forward. Mendenhall proposed either road A or B be renamed to "Cotant Lane" adding that the former Mayor served for so long it seemed fitting to honor him that way. Smith asked if the roads are intended to be roads or more like parking. Matson stated that the roads will be dedicated to the City. The north/south road will connect to Chubbuck Road. Road B in the long term will have a connection to the west. Stoddard, recommended road B to be "Diversity Way." Holm added that the naming shouldn't be too sporadic and should stick with a theme. Schwartz stated he agreed with "Cotant Lane". Holm commented that maybe they should dig deeper into Chubbuck's history and find some other options. The history of Chubbuck was one of the important topics in the Downtown Visioning Sessions. Smith stated he felt Steve Smart was with the city for a lot of years so if they were looking to keep it names they could add "Smart Way" or something of that nature to the list of options. Smith asked what the plan is for the skinny lots on either end of city hall, lot 1 and lot 3. Andrus stated those may eventually be businesses. Matson added that the intent is for several smaller business locations. More like urban street frontage with shops up against the sidewalk, back access near City Hall, maybe for dining in back or in front on the sidewalk. Smith clarified that they would then come back to be re -divided up for potential owners. Matson confirmed, adding that the long term intent is also for the front quarter of each of those to be a continuation of the plaza in front of City Hall. Berls asked if the pressurized irrigation system was at least going to be installed even though it won't be hooked up. Andrus confirmed. Berls asked if they would be doing that at the beginning or adding later. Andrus stated they would be adding that later when there is more demand for water. Berls stated she hears a lot of complaints from builders that the City has a lot of strict requirements for them to build but the City doesn't have to follow them. Berls added that it seems like a double standard that the City requires it but won't do it themselves. Holmes clarified that if water isn't available they are asked to install dry lines because it's too much expense and disturbance to put in later. That is typically what is done for other subdivisions. They will hook in eventually but not immediately. Andrus added that the dry lines will be in and ready to go once pump station is installed. Berls again asked if they were putting in dry lines now. Andrus confirmed. Smith stated that he didn't see irrigation shown on the map and at minimum they need to install dry lines and that needs to be clarified. Mendenhall agreed that dry lines should be installed now to meet the same standards as all builders in Chubbuck do. Berls asked Commissioner Smith if addressing the parking issue during design review was normal. Smith stated that yes and added parking is always challenging; in the last few years the City has been working more towards true use and amount that is really used versus what the code says. Smith added it is not abnormal to petition the Council for a parking adjustment for lesser stalls. The old ordinance is pretty heavy on parking. Andrus confirmed that the intent is to submit a request for reduction in parking to Council. Smith commented that the staff summarization is not solid in the sense that it says "appears to meet and may be obtained"; it's not really saying it's a condition but they should be conditions. Smith added it's important to keep everything listed in that condition and maybe add to the recommendation that these conditions should stay with app as it moves forward. Matson stated that the new downtown has different types of development standards and parking standards. When talking through actual uses of what city hall would really need it's much less than the straight interpretation of the code and will be refined as they move through the downtown process and new parking ordinance. There are different parking layouts that can provide parking for more than one business or facility at the same time with parking on street. It does need some conditional approval from Council based on how different it is from current code. This is a better way of developing rather than paving over half the City. Mendenhall motioned to recommend approval of the preliminary plat for the Chubbuck City Hall Subdivision with waivers and conditions summarized in staff report; also moved that dry lines for secondary irrigation be installed; and recommend road name changes to be "Cotant Lane" and "Smart Way". Smith seconded. With all commission members understanding the motion they voted. Roll Call Vote: Brandon Jackson, Yes; Thais Ayre, Yes; Carrie Holm, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; Brady Smith, Yes; Jason Mendenhall, Yes. Motion carried. STUDY SESSION 1. The Commission will review and discuss Staff's proposed Accessory Dwelling Unit code. Matson stated the ADU code changes start on page 144 and are the last 5 pages of the packet. Aunts and uncles were added in as qualified relatives for owner occupancy on the home. Also as mentioned before in the definitions ordinance on the very last page, the ADU footnote that was in the land use chart belonged here more than with the definitions. It basically changes the language for how to approve an ADU with the same language used for home occupations. If neighbors don't sign off in agreement it comes to the Land Use Commission for a Conditional Use Permit for Ag, R-1 or R-2 zone. Would be allowed outright in R-3, R-4 or C-1. Also in chapter 18.12.40, regarding converting to more units, could convert to a qualified ADU per code, is allowed under clause. They would still need neighbor approval it's basically saying you can't create a duplex. In regards to the homeowner's exemption question from the last meeting, Matson stated that the Assessor's Office views it as collecting rent on the primary residence. If collecting rent on 25% of home, lose 25% of homeowner reduction. Berls recommend in 18.10.50, section A, regarding parking access, the last sentence should be updated to match same wording used in PUD's. Says "10ft wide, 20ft deep from back of sidewalk" others are consistent all the way through. Schwartz asked if under the ownership section if niece and nephew could be added. Smith, Mendenhall, and Ayre were in agreement. Matson will add niece and nephew after brother and sister. Mendenhall stated they are ready to move item to a public hearing with changes recommended tonight. Mendenhall asked about Stoddard's last meeting date. Stoddard told the Mayor he can continue to the end of term which isn't until May of 2021. The July meeting location was briefly discussed. Holmes stated it may depend a lot on whether we have the proposal for the north corner of Chubbuck and Philbin as it could generate a large turnout. If the hearing will generate a lot of people the meeting will have to be done by Zoom because there is no way to do social distancing in Council Chambers, it can only fit 11 people. Matson added they have to decide well in advance of the meeting for publishing deadlines. Mendenhall entertained a motion to adjourn; Schwartz made the motion, Smith seconded. All voted to adjourn at 8:19pm. Jason Mendenhall, Chairperson Kami Morrison, Office Administrator This meeting was available to the public electronically and by phone. Via Zoom Teleconferencing: Meeting ID: 832 1699 2747 Due to the occurrence and imminent threat to public health and safety arising from the effects of the 2019 novel coronavirus (COVID-19). Governor Little issued a Proclamation on March 13, 2020 suspending section 74-203(5) and requiring All Public Meetings to be held electronically or by phone. CHUBBUCK I o A H 0 Community Planning & Economic Development PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us WES PAHL, ET AL. APPLICATION FOR ANNEXATION AND LAND USE DISTRICT - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON JULY 14, 2020 SUMMARY DESCRIPTION: An application for annexation of approximately 9.64 acres of land into the City of Chubbuck and to include the property in the Limited Commercial (C-1) Zone. The Comprehensive Plan Future Land Use map designates this area for Mixed Use development and a small portion for Medium Density Residential development. Property is in the SW 1/4 of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Idaho. The affected property is generally located at the northeast corner of Philbin Road and Chubbuck Road. Type of Action: Recommendation. STAFF FINDINGS: After reviewing the application, Staff finds that it likely meets the requirements for annexation into the City and for designation in the Limited Commercial (C-1) Land Use District • The Comprehensive Plan Future Land Use map designates this area for "Mixed Use" development, which is supported by the residential (R-1, R-2, R-3, R-4) and C-1 zoning districts. • A small portion of the site, less than 4%, is designated Medium Density Residential on the Comprehensive Future Land Use map. • The property has frontage on both Chubbuck Road and Philbin Road. A house on site has access via Philbin Road. FACTS BACKGROUND: An application for annexation was submitted on this site in late April, which included Limited Commercial (C-1) and Dense Residential (R-4) zoning. That application was withdrawn and has been updated with the materials in this packet. It includes a request for C-1 zoning across the entire site. Written comments were received on the original application. They are still relevant to the revised application and are included in Exhibit 7. TYPE OF COMMISSION ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the standards for approval). The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. APPLICANT/OWNER: Wes Pahl 2066 S. 2950 W. Aberdeen, ID 83210 PROFESSIONAL SERVICES: RM ES 600 E. Oak St. Pocatello, ID 83201 LOCATION: The site is in the southwest 1/4 of the southwest 1/4 of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, Idaho. Generally located at the northeast corner of Chubbuck Rd. and Philbin Rd. PARCEL: Bannock County parcel numbers: R3853005403, R3853005402 SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County - Agricultural PROJECT SIZE: ±9.64 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: A house with RECENT TRAFFIC COUNTS: 2018: Chubbuck Rd east of Philbin, 6,350/day 2018: Chubbuck Rd west of Philbin, 3.076/day 2018: Philbin Rd north of Chubbuck, 3,598/day 2018: Philbin Rd south of Chubbuck, 5,005/day BTPO TRAFFIC MODEL ESTIMATE: several outbuildings 2018: Chubbuck Rd east of Philbin, 6,144/day 2018: Chubbuck Rd west of Philbin, 2,744/day 2018: Philbin Rd north of Chubbuck, 5,345/day 2018: Philbin Rd south of Chubbuck, 8,852/day SURROUNDING LAND USES AND ZONING NORTH: Farm, under development for subdivision; Limited Residential (R-2) EAST: Single family subdivision; Limited Residential (R-2) SOUTH: Farmland, under application for zone change; Agriculture (A) WEST: Single family subdivision; Single Family Residential (R-1) SERVICES: ACCESS STREET: Property has frontage on Chubbuck Rd. and Philbin Rd. (City Streets) FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck, sewer main along Chubbuck Rd. CULINARY WATER SERVICE: City of Chubbuck, water mains in Chubbuck and Philbin PROCEDURES: 1. In accordance with City Code 18.28.020 and Resolution 2019-007, a complete petition and fees for a Change of Land Use District were filed with the City at least 29 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.20, the application is scheduled to be heard at the July 14, 2020 Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In accordance with City Code 18.28.020, notice of the public hearing was provided as follows: a. Publication in the Idaho State Journal at least 15 days prior to the hearing; b. Notice posted on the premises at least 7 days prior to the hearing; c. Mailing to those within a 300 ft. radius of the property; and 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 and Idaho Governor Brad Little's State of Emergency Proclamation of March 13, 2020. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 5. In accordance with Idaho Code §67-6511, notice was provided to political subdivisions providing services within the City. PUBLIC COMMENT: See Exhibit 7 for written comments received as of the date of this report. ANALYSIS AND RECOMMENDATIONS The Commission must determine if it is in the best interest of the City of Chubbuck and adjacent land owners to recommend this parcel be annexed into the City of Chubbuck. See Standards for Review in Exhibit 3b. RECOMMENDED CONDITIONS: None. The C-1 zone is applicable for the site. Most land uses in the C-1 zone Conditional Use Permits for approval, so there will be additional public hearings to discuss details. 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 request for Annexation and Zoning are satisfied, I move to approve the Annexation and Zoning request as described in the application materials with the following conditions: ............. (if found necessary by LUDQ. 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 request for Annexation and Zoning are satisfied, I move to approve the Annexation and Zoning request 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 request for Annexation and Zoning are not satisfied, I move to deny the Annexation and Zoning 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: Don Matson, Senior Planner dmatson@cityofchubbuck.us (208) 237-2430 DATE: July 1, 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. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 EXHIBITS 1. Reference Map —Annexation for Wes Pahl, et al 2. Application for Annexation and Zoning Designation 3. Annexation a. Map of Surrounding Annexations b. Standards for Annexation 4. Zoning and Land Use a. Current Zoning Map and Proposed Change b. Standards for Reviewing a Change in Land Use District 5. Comprehensive Plan a. Future Land Use Map b. Additional Policies Relevant to the Application 6. Evidence of Notice a. Site Postings b. Mailing List c. Copies of notices on file w/staff 7. Comments Received PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 Exhibit 1: Reference Map - Annexation for Wes Pahl, et al w � 14 r t; 1 City of Chubbuck Land Use Application CONDITIONAL USE PERMIT CHANGE OF LAND USE DISTRICT VARIANCE ANNEXATION & ZONING COMPREHENSIVE PLAN CHANGE City Official: Exhibit 2: Application; IL CHUBBUCK IDRH0 Date: m / m / m For the Land Use Meeting of : m / I M Application Deadline: M / m / m 2:00 PM 1 I 1 1. Name of Applicant: Wes Pahl, Et Al. Phone: (208) 705-2777 Mailing Address: 2066 S. 2950 W. Aberdeen, 1D 83210 Email address: WPahll@gmail.com 2. Filling fee of $ 80 plus $ 46.5 for: Total: $ 126.50 ❑ ($1.50 per notification mail -outs for Conditional Use Permits.), owners and occupants. ® (Q-94 per notification mail -outs for annexations, zone changes.), owners and occupants. $1.50 per agreement Paid to the City Clerk on: 11 204-o Initials --Kj� -- Receipt # 3. Project location: Corner of Chubbuck Road and Phllbin Road 4. Existing Land Use District: 5. Describe Proposal: Annexation request for future development. 6. The approval of this exception does not sanction the violation of any ordinance. 7. I attest to the truth and exactness of all information supplied on this application. I will develop or use the subject property as set forth herein. HI I M Signature of Applicant Date PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION: ❑ Earnest Money Agreement - or - ® Warranty Deed Copy ® 18 X 24 Drawings (as listed below) ® 8 1/2 X 11 Drawings (as listed below) ® Digital PDF copy of documents and drawings c -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 for illustration of good clarity, accuracy and completeness for use by the City Land Use & Development Commission and the City Council. Size: 1-18" x 24" minimum 1-8112" x 11" reduction of 18" x 24" drawing Scale: Site plan 1:20 minimum Floor plan 114" = 1'- 0" minimum Iteviwd: 5-9-2019. PBA 1! 1 ! I 1 � I yL-i CONSTITUTION AVENUE �� INDEPENDENCE AVENUE HERITAGE WEST - NO.4 HERITAGE WEST - N0, 2 HERITAGE VVEST - NO. 1 INST. NO. 93018331 [NST. NO. 91008267 NST. NO, 650187 IV 7F S 9 7 1 I 1% m E 9 8 7 6 S BILYEU ESTATES - DIVISION 1 JAKE AVENUE LU BILYEU ESTATES - DIVISION 3 INST. N0. 21816328 BILYEU ESTATES INST. - DIVISION 2 NO. 21718526 INST. NO. 21712050 INTEGRITY ESTATES N0, Z INST. NO. 21811285 O io 9 s' d >- Z W 2 0 c cc Li HUNTER AVENUE _T_ I I I I INTEGRITY ESTATES - NO, 3 INST. NO. 21900274 BILYEU ESTATES DIVISION 5 CITY OF CHUBBUCK HIRAM AVENUE INST. NO. 21917770 ANNEXATION ORDINANCE NO 767 1 BILYEU ESTATES - DIVISION 4 INST. NO. 21706489 INST. NO. 2181632.5 —_�- l TESSA CIRCLE 1 5 0015'57" E 700.02' 1 1 iAIECE. BILYEU CIRCLE _ C-1 I I �T_T_ i _ W I I I ; TDTAL PAHL LOOP_ oc 0ANNEXAT/DNAREA I I© I I I-- `0 a JRFS :�- J -s-� LU o (FUTURE DEVELOPMENT)-- s f I uU z-- _ PIERCE AVENUE00 Cm1 .;a FI I I I I SEE RECORD OF SURVEY R I I I I I I I I DIANE F. BILYEU I €-f_ 725.02! INST. NO. 218151031 25.00' --[\I 0°15'57 W 700.02' - - PHILBIN It0A17 L, EAST 114 CORNER OF SECTION 4, FOUND 518" REBAR AS DESCRIBED IN CP&F INST. NO. 20520355 N 0° 15'57° W 2646.33' - -- 25.00' PER ANNEX v �� DRDINANCE NO. 634 z CITY OF CHUBBUCKLU 5. '- ANNEXATION SUNSET WEST - DIVISION ? rirORDINANCE N0. 6Z9 ,- INST. NO. 20514943 JENA DR. SUNSET WEST - DIVISION 4 /� INST. NO. 20616467 I rn rn m o - L, m co oI a x V m as VI � a fN d m Lc r, LLF LL I � d I � Lr 00 011 a SOUTH 1/4 CORNER OF SECTION 4. FOUND ALUMINUM CAP MONUMENT. SEE CP&F INST. NO. 21207296 WEST 1116 CORNER ON THE SOUTH LINE OF SECTION 4, FOUND 518" REBAR WITH NO CAP. SEE CP&F INST. NO. 99014595 LDS CHURCH INST. NO. 20521613 Exhibit 2: pplication, _PROJECT LOCATION YICINITYNAP m m � ANNEXATION BOUNDARY LINE CURRENT CITY OF CHUBBUCK BOUNDARIES 25.00' PER ANNEX ORDINANCE NO. 634 [NST. N0.20705283 MARGARET MCNABB r� INST, NO. 20918821 CITY OF CHUBBUCK ANNEXATION VL. 622 Lf 659BEGINNINGo 100 294 THWEST 114 CORNER OF SECTION i N>inch =2W' OUND CITY OF CHUBBUCK BCM IN VAULT AS DESCRIBED IN CP&F INST. NO. 20514184 CITY OF CHUBBUCK ANNEXATION Tm Engineers a Surveyors *Planners ORDINANCE NO. 671 INST. NO. 20908839 30158th St W. ;#f38 # Williston, NO 5880f # t70f/ 572-0110 Sao E. Oak St. t Pocatello, ID 83201 * j2081234.0f f0 ........... Exhibit 2: AAWRWKAPPlication� Engineers • Surveyors • Planners 301 381h St. W. #Y.70 • Willislon, No SM0f • /7afl sr2.01f0 6W E. Dad S1. • Pocatello, 198320f, fZM) 2J4.0f f0 www. rmes.bfz LEGAL DESCRIPTION — WESLEY PAHL ANNEXATION A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 4, BEING MONUMENTED BY A CITY OF CHUBBUCK BCM INSIDE A VAULT AT THE INTERSECTION OF CHUBBUCK ROAD AND PHILBIN ROAD AS DESCRIBED IN CORNER PERPETUATION RECORDED UNDER INSTRUMENT NO. 20514184 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE NORTH 0015'57" WEST, ALONG THE WEST LINE OF SECTION 4, A DISTANCE OF 725.02 FEET; THENCE SOUTH 89°50'41" EAST A DISTANCE OF 25.00 FEET TO A POINT ON THE PRESENT CITY OF CHUBBUCK CITY LIMITS AS DESCRIBED IN ORDINANCE NO. 634, RECORDED UNDER INSTRUMENT NO. 20705283, AND PER ORDINANCE NO. 767, RECORDED UNDER INSTRUMENT NO. 21706489,THE POINT OF BEGINNING; THENCE FOLLOWING ALONG THE PRESENT BOUNDARY LINES OF THE CITY OF CHUBBUCK, PER ORDINANCE NO. 767, OVER THE FOLLOWING TWO (2) COURSES: 1. SOUTH 89050'41" EAST, A DISTANCE OF 600.02 FEET; 2. SOUTH 015'57" EAST, A DISTANCE OF 700.02 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF THE PRESENT CITY OF CHUBBUCK CITY LIMITS AS DESCRIBED IN ORDINANCE NO. 634, BEING 25.00 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 4; THENCE FOLLOWING ALONG THE PRESENT BOUNDARY LINES OF THE CITY OF CHUBBUCK, PER ORDINANCE NO. 634, OVER THE FOLLOWING TWO (2) COURSES: 1. NORTH 89050'41" WEST, BEING PARALLEL WITH AND 25.00 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 4, A DISTANCE OF 600.02 FEET, TO A POINT THAT IS 25.00 FEET EAST OF THE WEST LINE OF SAID SECTION 4; 2. NORTH 0015'57" WEST, BEING PARALLEL WITH AND 25.00 FEET EAST OF THE WEST LINE OF SAID SECTION 4, A DISTANCE OF 700.02 FEET TO THE POINT OF BEGINNING.- SAID EGINNING:SAID PARCEL CONTAINS 9.64 ACRES, MORE OR LESS. h� Focused on Solutions Civil 4 Environmental 4 Transporfalion b Planning F Land Development P Municipal 4 Surveying 22JO317q No '2J aeenrdo. Time. QUITCLAIM DEED Bannock County R( FeelS.—Deputy For value received G&J Pahl Investments Family LLLP by and through it's General Partner G&J Pahl Family Management LLC, by and though it's Managers Greg Pahl and Julie Pahl ("Grantors') do hereby convey, release, remise and forever quit claim unto Wesley Pahl and Brianne Pahl, Husband and Wife ("Grantee") whose current address is 3183 N. Pleasant Valley Read, American Falls, Idaho 83211 die following described premises, to -wit: A PARCEL OF LAND LOCATED IN THE SW 114, SW IIA, SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BM, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 4, BEING MONUMENTED BY A CITY OF CHUBBUCK BCM INSIDE A VAULT AT THE INTERSECTION OF CHUBBUCK ROAD AND PHILBIN ROAD AS DESCRIBED IN CORNER PERPETUATION RECORDED UNDER INSTRUMENT NO. 20514184 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND BELONGING TO WESLEY PAHL AND BRIANNE PAHL AS DESCRIBED IN DEED INSTRUMENT NO, 21815673; THENCE NORTH 0°15'57" WEST, ALONG THE WEST LINE OF SECTION 4, A DISTANCE OF 725.02 FEET TO A POINT BEING THE SOUTHWEST PARCEL OF LAND BELONGING TO IN -N -OUT CONSTRUCTION, LLC, RECORDED UNDER INSTRUMENT NO. 21712017; THENCE SOUTH 89°50'41" EAST, FOLLOWING ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 257,00 FEET; THENCE SOUTH 0°15'57" EAST, LEAVING SAID PARCEL OF LAND, A DISTANCE OF 265.12 FEET; THENCE NORTH 89°50'41" EAST, A DISTANCE OF 178.94 FEET; THENCE SOUTH 0°15'57" EAST, A DISTANCE OF 143.79 FEET; THENCE NORTH 89°50'41" EAST, A DISTANCE OF 189,07 FEET TO A POINT ON THE WEST BOUNDARY LINE OF BILYEU ESTATES — DIVISION 4, RECORDED UNDER INSTRUMENT NO. 21816325; THENCE SOUTH 0°15'57" EAST, FOLLOWING ALONG THE WEST BOUNDARY LINE OF SAID SUBDIVISION, AND THE WEST BOUNDARY LINE OF BILYEU ESTATES — DIVISION 1, RECORDED UNDER INSTRUMENT NO. 21712050, A DISTANCE OF 318.10 FEET TO A POINT ON THE SOUTH LINE OF SECTION 4; THENCE NORTH 89°50'41" WEST, FOLLOWING ALONG THE SOUTH LINE OF SECTION 4, A DISTANCE OF 625.02 FEET TO THE POINT OF BEGINNING. SUBJECT TO A 20.00 -FOOT -WIDE TEMPORARY ACCESS EASEMENT, FOR INGRESS AND EGRESS, BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: A PARCEL OF LAND LOCATED IN THE SW 114, SW 114, SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BM, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 4, BEING MONUMENTED BY A CITY OF CHUBBUCK BCM INSIDE A VAULT AT THE INTERSECTION OF CHUBBUCK ROAD AND PHILBIN ROAD AS DESCRIBED IN CORNER PERPETUATION RECORDED UNDER INSTRUMENT NO. 20514184 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND BELONGING TO WESLEY PAHL AND BRIANNE PAHL AS DESCRIBED IN DEED INSTRUMENT NO. 21815673; THENCE NORTH 0'15'57" WEST, ALONG THE WEST LINE OF SECTION 4, A DISTANCE OF 458.51 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°50'41" EAST, A DISTANCE OF 311.37 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF THE SAID EASEMENT ARE TO BE LENGTHENED OR SHORTENED AS NECESSARY TO TERMINATE ON THE WEST LINE OF SECTION 4 AND PERPENDICULAR TO THE POINT OF TERMINUS ON THF. EAST. together with their appurtenances. Dated: (;—I— \ \ STATE OF IDAHO,rOUNTY OF y� On this 19 day of M tkV 20 0 before me, a notary public in and for said State, personally appeared GREG PAHL AND JULIE PAHL, Husband and Wife, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me [hat they executed the same. Notary Public Residing at 13 R n h o C u V nit , FC L..ia flt , Idaho Comm. Expires �fh J JJ �eJt 164�3 1F 1f11Ai SCOTT JENKINS E ary Public - State o1 Idahr mmisslen Number 58752Dmmission Expires l,-49.2023 --+ Exhibit 2: Application, +..........� �2va 75 Exhibit 2: �'2Jub1iS ;Application, QUITCLAIM DEED Date:.Tim Official Record Book. — Bannock County For value received Raymond Nulph and Caralee Nulph, Husband and Wife ("Grantors"), Fee IR-- r__ do hereby convey, release, remise and forever quit claim unto Wesley Pahl and Brianne Pahl, Husband and Wife ("Grantee") whose current address is 3183 N. Pleasant Valley Road, American Falls, Idaho 83211 the following described premises, to -wit A PARCEL OF LAND LOCATED IN THE SW 114, SW 114, SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BM, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 4, BEING MONUMENTED BY A CITY OF CHUBBUCK BCM INSIDE A VAULT AT THE INTERSECTION OF CHUBBUCK ROAD AND PHILBTN ROAD AS DESCRIBED IN CORNER PERPETUATION RECORDED UNDER INSTRUMENT NO. 20514184 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND BELONGING TO WESLEY PAHL AND BRIANNE PAHL AS DESCRIBED IN DEED INSTRUMENT NO. 21815673; THENCE NORTH 09 15'57" WEST, ALONG THE WEST LINE OF SECTION 4, A DISTANCE OF 725.02 FEET TO A POINT BEING THE SOUTHWEST PARCEL OF LAND BELONGING TO IN -N -OUT CONSTRUCTION, LLC, RECORDED UNDER INSTRUMENT NO. 21712017; THENCE SOUTH 89°50'41" EAST, FOLLOWING ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 257,00 FEET; THENCE SOUTH W 15'57" EAST, LEAVING SAID PARCEL OF LAND, A DISTANCE OF 265.12 FEET; THENCE NORTH 89°50'41" EAST, A DISTANCE OF 178.94 FEET; THENCE SOUTH 0°15`57" EAST, A DISTANCE OF 143.79 FEET; THENCE NORTH 99°50'41" EAST, A DISTANCE OF 189.07 FEET TO A POINT ON THE WEST BOUNDARY LINE OF BILYEU ESTATES -- DIVISION 4, RECORDED UNDER INSTRUMENT NO. 21816325; THENCE SOUTH 0°15'57" EAST, FOLLOWING ALONG THE WEST BOUNDARY LINE OF SAID SUBDIVISION, AND THE WEST BOUNDARY LINE OF BILYEU ESTATES — DIVISION 1, RECORDED UNDER INSTRUMENT NO. 21712050. A DISTANCE OF 3 18, 10 FEET TO A POINT ON THE SOUTH LINE OF SECTION 4; THENCE NORTH 89°50'41" WEST, FOLLOWING ALONG THE SOUTH LINE OF SECTION 4, A DISTANCE OF 625.02 FEET TO THE POINT OF BEGINNING. SUBJECT TO A 20.00 -FOOT -WIDE TEMPORARY ACCESS EASEMENT, FOR INGRESS AND EGRESS, BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: A PARCEL OF LAND LOCATED IN THE SW 114, SW 114, SECTION 4, TOWNSHIP 6 SOUTH. RANGE 34 EAST, BM, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 4, BEING MONUMENTED BY A CITY OF CHUBBUCK BCM INSIDE- A VAULT AT THE INTERSECTION OF CHUBBUCK ROAD AND PHILBIN ROAD AS DESCRIBED IN CORNER PERPETUATION RECORDED UNDER INSTRUMENT NO. 20514184 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND BELONGING TO WESLEY PAHL AND BRIANNE PAHL AS DESCRIBED IN DEED INSTRUMENT NO, 21815673; THENCE NORTH 0'15'57" WEST, ALONG THE WEST LINE OF SECTION 4, A DISTANCE OF 458.51 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°50'41" EAST, A DISTANCE OF 311.37 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF THE SAID EASEMENT ARE TO BE LENGTHENED OR SHORTENED AS NECESSARY TO TERMINATE ON THF WEST LINE OF SECTION 4 AND PERPENDICULAR TO THE POINT OF TERMINUS ON THE EAST. together with their appurtenances. Dated. - RAYMOND NULPH STATE OF 1D� HO, COUNTY OF flmlot On this �day of M,4 20),0 , before me, a notary public in and for said Safe, personally appeared RAYMOND NULPH AND CARALEE NULPH, Husband and Wife, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. Notary Public SCOTT JENKINS Residin al Notary Public • State of Idaho g rinAoctC �t+ ��Etatzfla Idaho Comm. Expires Commission Number 58752 No V, 1`�013 M Commission Expires 11-09-21323 ---d Exhibit 2: 2230l,31 i o :Application. No canted at uest of: QUITCLAIM DEEDaa,e rrne:In-n� Official Recortl 1300k/ For value received WESLEY PAHL and BRIANNF PAHL, Husband and Wife ("Grantors") Baonock County �_ 1E7— - do hereby convey, release, remise and forever quit claim unto G&J Pahl Investments family LLLP by and through it's General Partner G&J Pahl Family Management LLC, by and through it's Managers Greg Pahl and Julie Pahl ("Grantee") whose current address is 3183 N, Pleasant Valley Road, American Falls, Idaho 83211 the fallowing described premises, io-wit: A PARCEL OF LAND LOCATED IN THE SW 114, SW I14, SECTION 4. TOWNSHIP 6 SOUTH, RANGE 34 EAST, BM, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SECTION 4, BEING MONUMENTED BY A CITY OF CHUBBUCK BCM INSIDE A VAULT AT THE INTERSECTION OF CHUBBUCK ROAD AND PHILBIN ROAD AS DESCRIBED IN CORNER PERPETUATION RECORDED UNDER INSTRUMENT NO. 20514184 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND BELONGING TO WESLEY PAHL AND BRIANNE PAHL AS DESCRIBED IN DEED INSTRUMENT NO. 21815673; THENCE NORTH 0°15'57" WEST. ALONG THE WEST LINE OF SECTION 4, A DISTANCE OF 725.02 FEET TO A POINT BEING THE SOUTHWEST PARCEL OF LAND BELONGING TO IN -N -OUT CONSTRUCTION, LLC, RECORDED UNDER INSTRUMENT NO. 21712017; THENCE SOUTH 89°50'41" EAST, FOLLOWING ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 257.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°50'41" EAST, CONTINUING ALONG SAID SOUTH BOUNDARY LINE, A DISTANCE OF 368.02 FEET TO A 518" REBAR WITH ALUMINUM CAP STAMPED "RMES PELS 2341", BEING ALSO THE NORTHWEST CORNER OF BILYEU ESTATES - DIVISION 4, RECORDED UNDER INSTRUMENT NO. 21816325; THENCE SOUTH 0'15'575" EAST, FOLLOWING ALONG THE WEST BOUNDARY LINE OF SAID SUBDIVISION, A DISTANCE OF 406.92 FEET; THENCE SOUTH 89°50'41" WEST, LEAVING SAID SUBDIVISION, A DISTANCE OF 189.07 FEET; THENCE NORTH 0°I5'57" WEST, A DISTANCE OF 143.79 FEET; THENCE SOUTH 89°50'41" WEST A DISTANCE OF 178.94 FEET; THENCE NORTH 015'57" WEST, A DISTANCE OF 265.12 FEET TO THE POINT OF BEGINNING. TOGETHER WITH A 20.00 -FOOT -WIDE TEMPORARY ACCESS CASEMENT, FOR INGRESS AND EGRESS, BEING 10,00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: A PARCEL OF LAND LOCATED IN THE SW IA, SW 114, SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BM, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 4, BEING MONUMENTED BY A CITY OF CHUBBUCK BCM INSIDE A VAULT AT THE INTERSECTION OF CHUBBUCK ROAD AND PHILBIN ROAD AS DESCRIBED IN CORNER PERPETUATION RECORDED UNDER INSTRUMENT NO. 20514184 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND BELONGING TO WESLEY PAHL AND BRIANNE PAHL AS DESCRIBED IN DEED INSTRUMENT NO. 21815673; THENCE NORTH 0'15'57" WEST, ALONG THE WEST LINE OF SECTION 4. A DISTANCE OF 458.51 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°50'41" EAST, A DISTANCE OF 311.37 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF THE SAID EASEMENT ARE TO BE LENGTHENED OR SHORTENED AS NECESSARY TO TERMINATE ON THE WEST LINE OF SECTION 4 AND PERPENDICULAR TO THE POINT OF TERMINUS ON THE EAST. together with their appurtenances. Dated• WESLE' PAHL BR[ANNE PAHL STATE OF IDAHO, COUNTY OF bftp a LK On this day of '� 20 � J y public in a before me, a notarnd for said State, personally appeared WESLEY PAHL AND BRIANNE PAHL, Husband and Wife, known to me to be the persons whose names are subscribed to tie within instrument, and acknowledged to are that they executed die same. Notary Public Residing I �NkAock (Oki -,h ,L4t%Idaho Comm. Expires =Pubjic INS te of Idaho er 58752 s 11.09.2023 Exhibit 3a: Map of Surrounding Annexations iJ I & R Q E _ Exhibit 3b: Standards for Annexation Compliant Standards and Staff Comments Yes No N/A State/City Code City standard and staff comments X State Statute 50-222 (1) Ensures orderly development Staff Comments Annexation of the land is reasonably necessary to ensure orderly development. X State Statute 50-222 (2) Contiguous and adjacent to City limits Staff Comments Property is contiguous to current City limits and is not connected by a shoestring of land or right-of-way. X State Statute 50-222 (2) Adjacent highways annexation requirement Staff Comments All portions of roads and highways wholly or partially within the area are included with the annexation X State Statute 50-222 (3) Annexation category and owner consent Staff Comments This is a category A annexation where either all owners consent or it is an enclave with fewer than 100 privately owned parcels X State Statute 67-65 & City Code 18.28.020 Annexation and Local Land Use Planning procedures Staff Comments The applicant has followed requirements of Idaho Statute and City Code X State Statute 67-65 In area of City Impact Staff Comments The parcel is within the Area of City Impact as negotiated by the City of Chubbuck and Bannock County. X State Statute 67-65 Consistent with the Comprehensive Plan Staff Comments This is on the Future Land Use map largely as Mixed Use and appears consistent with the plan. X State Statute 67-6509 Notice to Bannock County, Pocatello/Chubbuck School & City Code 18.28.020 District and other entities Staff Comments Notifications mailed with adjacent property owners list. X State Statute 67-6511 Annexation and zoning ordinance Staff Comments An ordinance will be drafted upon approval. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 Kiersten Dr C_ CL Exhibit 4a: Current Zoning Map and Proposed Change Exhibit 4b: Standards for Reviewing a Change in Land Use District State and City laws, as well as the City of Chubbuck Comprehensive Plan, guide the review of applications for changes in land use districts/zoning. Specifically: 1. Idaho Code: §67-65 Local Land Use Planning Chubbuck City Code: Title 18, Land Use City of Chubbuck Comprehensive Plan Our Valley Our Vision (as amended) City Code 18.28.050 states "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." 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. Other code and policy may be identified from State Law, City Code, or the Plan. Summaries of codes, goals, objectives, and policies may not be verbatim. IDAHO CODE §67-6511: ZONING ORDINANCE SUBSECTION 2(a) REQUESTS FOR AN AMENDMENT TO THE ZONING ORDINANCE — DELIVERY OF SERVICES STATE LAW Consider effects of zone change upon delivery of services by any political subdivision providing public service within the City RESPONSE Notices were sent to each of the following agencies regarding the proposed action COMMENT Bannock County Planning & Development: No comment received Fort Hall Irrigation Project/Bureau of Indian Affairs: No comment received Pocatello Regional Airport: No comment received Pocatello/Chubbuck School District 25: No comment received Pocatello-Chubbuck Auditorium District: No comment received Southeastern Idaho Public Health: No comment received SUBSECTION 2(C) PROPOSED CHANGES — COMPLIANCE WITH THE COMPREHENSIVE PLAN STATE LAW Governing board to analyze proposed changes to ensure they are not in conflict with the policies of the Comprehensive Plan RESPONSE If the request is in conflict with the Plan, OR would result in demonstrable adverse impacts on public services per subsection 2(a), governing board may: • Require the application be submitted to the LUDC, or • In the absence of a commission, consider an amendment to the Plan COMMENT All applications for changes in land use district/zoning are presented to the LUDC for recommendation before going to the City Council COMPREHENSIVE PLAN CHAPTER 4: LAND USE THE PLAN DISTRICT -ZONE DISTRICT CONVERSION TABLE INDICATES WHICH ZONING DISTRICTS SHALL BE ALLOWED WITHIN EACH PLAN DISTRICT OBJECTIVE Only the zoning districts listed in the table shall be allowed in the corresponding plan districts as shown on the Comprehensive Plan Map POLICY When annexation of land occurs, zoning that matches the property's plan designation shall be assigned Plan Designation Mixed Use (MU): R-1 Single Family Residential, R-2 Limited Residential, R-3 - General Residential, R-4 Dense Residential, C-1 Limited Commercial PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 B A 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /944�c_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us Plan Designation Medium Density Residential (MDR): R-2 Limited Residential, R-3 - General Residential COMMENT Over 96% of the land is in the MU area and C-1 complies with the plan. It is not feasible to place the remaining 3.4% (1/3 acre) into a different land use district. 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 is surrounded by the City limits and lies within the Urban Service Boundary. 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 POLICY d. Use impact fee reductions, fee waivers, tax credit strategies, etc. to encourage infill and redevelopment COMMENT The project is surrounded by developed or developing land, but is not considered an infill parcel. 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 surrounded by developed or developing land, but is not considered an infill parcel. GOAL 4.3 PROVIDE CONVENIENT COMMERCIAL SERVICE LOCATIONS AND LIMIT THEIR ADVERSE IMPACTS ON TRANSPORTATION SYSTEMS, RESIDENCES, AND VISUAL INTEGRITY OBJECTIVE 4.3.1 Adopt appropriate commercial zoning to allow for a variety of commercial goods and services at community centers, which should be located within walking distance of residents of one or more neighborhoods POLICY a. Adopt appropriate Neighborhood Commercial zoning to allow small-scale commercial development at neighborhood centers that serves the daily needs of neighborhood residents COMMENT C-1 zoning on the property would allow small scale commercial development. Most land uses in the C-1 zone are Conditionally Permitted and would need a CUP from the LUDC. OBJECTIVE 4.3.2 General commercial zoning should be located between communities or at a community center, at the intersection of principle arterials, or on Yellowstone Avenue between Quinn Road and Siphon Road POLICY a. Base commercial development locations on concepts identified on the Regional Growth Management Plan Map and land use designation on the Chubbuck zoning map COMMENT The property is at the intersection of two principal arterials. 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 Comprehensive Plan designates Mixed Use (MU), which is supported by R-1 Single Family Residential, R-2 Limited Residential, R-3 - General Residential, R-4 Dense Residential, and C-1 Limited Commercial districts. 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 C-1 zoning requires most uses to obtain a CUP. The CUP process provides more opportunity for input on projects to assure compatibility with neighboring sites. POLICY g. Ensure an adequate supply of commercial land sensitive to market trends PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /944�c_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us COMMENT This proposal, if approved, will create additional commercial land in the western part of the City. Currently there are only three parcels in the C-1 zone that are vacant and developable for commercial uses, adding up to less than 12 acres. OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas POLICY a. Use design standards to encourage compatibility of mixed use development with surrounding areas COMMENT C-1 zoning requires most uses to obtain a CUP. The CUP process provides more opportunity for input on projects to assure compatibility with neighboring sites. POLICY b. Locate mixed-use areas along Yellowstone Avenue and in new neighborhood centers COMMENT This proposal, if approved, will create additional commercial land in a new neighborhood center in the western part of the City. See additional Comprehensive Plan Goals, Objectives, and Policies in Exhibit 5b. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us Exhibit 5a: Future Land Use Map Exhibit 5b: Comprehensive Plan Additional Policies Relevant to the Application Staff has identified the following goals, objectives, and policies 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 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 Future development on the site will be required to follow access management 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 Public services have already been established at the site (in street ROW). It is surrounded by other annexations and residential development on three sides. 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 Sidewalks will be required on street frontages as the property is developed. 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 Sidewalks will be required on streets and major internal routes as the property is developed. POLICY g. Provide sidewalks along both sides of all public streets COMMENT Sidewalks will be required on both sides of streets. CHAPTER 6: COMMUNITY DESIGN 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 c. Encourage the development of well -landscaped parking lots and buffer strips on major corridors COMMENT This will be addressed with individual projects built in the future. POLICY d. Encourage the development of plazas and courtyards by commercial development that encourage public gathering, particularly in the neighborhood and community centers COMMENT I This will be addressed with individual projects built in the future. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /944�c_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 B A 0 GOAL 6.3 IN NEW NEIGHBORHOODS, PROVIDE A BETTER MIX OF RESIDENTIAL AND COMMERCIAL LAND USES AND A MORE WALKABLE COMMUNITY 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 This will be addressed with the site design and individual projects built in the future. POLICY b. Assure that future developments results in the establishment of recognizable neighborhoods, communities, and districts COMMENT This will be addressed with the site design and individual projects built in the future. 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 COMMENT The site is within the USB. POLICY e. Ensure that new development in wildfire prone areas implements precautionary measures COMMENT The site is not in a wildfire prone area. It may become less fire prone after agriculture is replaced. 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 Development will be required to retain stormwater 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 c. Provide municipal water and sewer services only after the owners of the land to be served have signed appropriate documents for future annexation or land has been annexed to the City COMMENT This application is for immediate annexation. POLICY d. Public water and sanitary sewer services shall be required for all new urban development within the urban service boundary COMMENT Water and sewer are available at the site. POLICY e. City annexation shall be required before public water or sanitary sewer service is provided to new development. COMMENT This application is for immediate annexation. Water and sewer are available at the site. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /944�c_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 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 This will be addressed with the site design and individual projects built in the future. POLICY c. Require the inclusion of bicycle and pedestrian systems during subdivision review and development to support alternative modes of transportation COMMENT This will be addressed with the site design and individual projects built in the future. POLICY d. Provide a mix of land uses, a more-connected street network, and alternative modes of transportation, including buses and shuttles COMMENT This will be addressed with the site design and individual projects built in the future. C-1 zoning lends itself to a mixture of land uses. 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 property is in Bannock County Agricultural zoning district but has been surrounded by City limits and by residential development on three sides. MIF CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS 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 This will be addressed with the site design and individual projects built in the future. CHAPTER 11: ECONOMIC DEVELOPMEN GOAL 11.2 CENTRALIZE COMMERCIAL EFFORTS OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development POLICY a. Allow future commercial growth to occur within new neighborhoods in a manner that is consistent with the community design principles defined in Chapter 6: Community Design COMMENT This proposal, along with a recent approval on the south side of Chubbuck, help to designate a new neighborhood center for the west side of the City. Design will be addressed with the site design and individual projects built in the future. 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 c. Require sidewalks along both sides of public streets COMMENT Sidewalks will be required on both sides of streets. Aii��Ot\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us GOAL 13.2 SUPPORT THE MAINTENANCE AND ENHANCEMENT OF THE PUBLIC EDUCATIONAL SYSTEM OBJECTIVE 13.2.2 Create schools that are safe and accessible to students with a minimal need for school- operated busing, and that are compatible with and complementary to their neighborhoods POLICY c. Work with schools and neighborhoods to explore options for access to elementary and secondary schools via local streets and/or pathways COMMENT Sidewalks will be required on both sides of streets. IMIll CHAPTER 14: AREA OF CITY IMPACT AND GROWTH MANAGEMENT GOAL 14.1 COOPERATIVELY MANGE REGIONAL GROWTH TO IMPLEMENT THE COMMUNITY VISION SET FORTH BY THE OUR VALLEY OUR VISION PROJECT OBJECTIVE 14.1.4 Use urbanization policies to guide annexation within USBs POLICY a. Within the USB, annexation shall be required before new development is permitted COMMENT This application is for annexation to the City. POLICY b. For land within the USB, annexation may be granted when essential urban services can be delivered to the subject property COMMENT Water and sewer run adjacent to the property, and Chubbuck Road and Philbin Road provide access on two sides. * The Comprehensive Plan includes several strategies with the policies in certain chapters. Aii��Ic\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Exhibit 6: Evidence of Notice a. Site Posting b. Mailing List c. Copies of printed notices on file with staff a. Site Posting Signs posted May 18, 2020 for original application, public hearing to be on June 9, 2020. Cancellations posted June 1, 2020 (for June 9, 2020 hearing). Cancellation notice removed and signs re -set (due to tall weeds) June 30, 2020. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 n At�ERyo Jr960 Easy Peel® Address Labels ; Go to avery.con; ........... Exhibit 6: Brennan Nystrom Bend along line to expose Pop-up Edge® USeAveI' Pocatello, ID 83202 Chubbuck, ID 83202 Mailing List; RPRCCPCO25584 RPRCSU4000800 RPRCSU4000900 """"""""""" Kim & Harry Hampson Steve Sisneros Tim & Linda Clark 1311 W Chubbuck Rd 1369 Jena Dr 1363 Jena Dr Chubbuck, ID 83202 Chubbuck, ID 83202 Chubbuck, ID 83202 RPRCSU4001001 RPRCSU4001101 RPRCSU4001201 John & Elda Irwin Joseph Wilcox David & Wendy Lee 1359 Jena Dr 1353 Jena Dr 1347 Jena Dr Chubbuck, ID 83202 Chubbuck, ID 83202 Chubbuck, ID 83202 RPRCSU4001301 RPRCSU4001400 RPRCSU4001500 Lindsay & Brandon Fessler Barbara & Robert Christensen Matthew & Cindy Phillips 1335 Jena Dr 1321 Jena Dr 1313 Jena Dr Chubbuck, ID 83202 Chubbuck, ID 83202 Chubbuck, ID 83202 RPRCSU2001300 RPRCSU4000300 RPRCSU4000400 Ashley Anderson Vernile Byington Danyiel & Stewart Ward 1307 Jena Dr 1352 Jena Dr 1336 Jena Dr Chubbuck, ID 83202 Chubbuck, ID 83202 Chubbuck, ID 83202 RPRCSU4000500 RPRCSU2002200 RPRCSU2000900 Christina & Lee Edgley Elias & Corina Garcia Gaylen & Gail Brower 1314 Jena Dr 1343 Kiersten Dr 1342 Kiersten Dr Chubbuck, ID 83202 Chubbuck, ID 83202 Chubbuck, ID 83202 RPRCSU2001000 RPRCSU2001100 RPRCCPC037902 Rachel & Travis Hulse Doug & Lorie Hopster In -n -Out Construction 1326 Kiersten Dr 1310 Kiersten Dr 2630 Inkom Rd Chubbuck, ID 83202 Chubbuck, ID 83202 Inkom, ID 83245 RPRCCPCO25717 RPRCBE1000100 Margaret McNabb Limited Partnership Brennan Nystrom 14053 W Tyhee Rd 4801 Hiram Ave Pocatello, ID 83202 Chubbuck, ID 83202 RPRCBE4000100 RPRCBE4000200 Nathan & Melanie Evans Jodi & Michael Schwartz 5555 Calen Ln 4863 Hiram Ave Chubbuck, ID 83202 Chubbuck, ID 83202 RPRCBE4000400 RPRCBE5000200 Sheri & Kirk Hartman Tom Nelson 4903 Hiram Ave P.O. Box 2373 Chubbuck, ID 83202 Pocatello, ID 83206 ' Pat: avery.com/patents Etiquettes d'adresse Easy Peel ' i i F RepliezalahachureafnderevdlerlerebordPop-up"' i RPRCBE1000200 Stacy & Heath Aplington 4823 Hiram Ave Chubbuck, ID 83202 RPRCBE4000300 David Hall 4893 Hiram Ave Chubbuck, ID 83202 Jose. Vc lch-k.n OrflZ, Allez a averyca/gabarits : Utilisez le Gabarit Avery 5960 1 VERY 5960 i Easy Peel"Address Labels Go to avery.corpAtp nnlatpusi _ l� i Bend along line to expose Pop-up Edge'' I UseAve Exhibit 6: RPRCBE4000500 ;Mailing List; Rolita Blanco 4896 Hiram Ave Chubbuck, ID 83202 RPRCBE4000600 RPRCBE4000700 RPRCBE1001200 Stacie & Kyle Buttars Clifton Merrill Carl & Barbara Powell 4876 Hiram Ave 4856 Hiram Ave 4846 Hiram Ave Chubbuck, ID 83202 Chubbuck, ID 83202 Pocatello, ID 83206 RPRCPM6000100 LDS Church 50 E N Temple St Salt Lake City, UT 84150 I Etiquettes d'adresse Easy Peel® I AlIez a avery.ca/gabarits I Pat: avery.com/patents I I I I Repliez 6la hachure aFn de rev6ler le rebord Pop•up® I Utilisez le Gabarit Avery 5960 1 r -- - - - - - - -- � Exhibit 7a: Comments; We the undersigned, do not believe the land on the north east corner of Chubbuck and Philbin should be annexed into the city as commercial land or apartment housing. It should be single family housing residential comparable to those around it and the trees should be saved at all costs, for the following reasons (see attached sheet). .. .Doi �— &rng-K �' M�O INS 1 �IF, � r Exhibit 7a: ; Comments; We the undersigned, do not believe the land on the north east corner of Chubbuck and Philbin should be annexed into the city as commercial land or apartment housing. It should be single family housing residential comparable to those around it and the trees should be saved at all costs, for the following reasons (see attached sheet). NAME PRINTEDNAME: SIGNATURE.��• I r Ad .', ' �O ff�txmv. M N�N-O 1 1 a i ► \ W �1 �.L . 1rv�x �, I 17. 18. Exhibit 7a:: ;Comments; We the undersigned, do not believe the land on the north east corner of Chubbuck and Philbin should be annexed into the city as commercial land or apartment housing. It should be single family housing residential comparable to those around it and the trees should be saved at all costs, for the following reasons (see attached sheet). NAME PRINTED NAME: SIGNATURE ADDRESS: 2. kj. n kr r� J. a'c� s`p� �' i..l�G�,C � U � II r/�vgap�ril-0A' 6.4�[ A/Vl 6A sa/b'/�' 6.0 Chbuck a D nad 7. 130; -�-YlA V 8. 1 V d a V �fta 9316 9. f,�u/ Lmi%A 'Z GUI / "knot 10. Vf� 4l! Aq �D�1 4 S1 V—W—UL 12. r .. hA 111 {�®� CO[ICOY AlA V It, LIP 93W, 13. E 14 94040t kP,)� 14. 15. 16. 17. 18. 5L2- )8�— t� Exhibit 7a: :Comments: 20% -23"7-34zC7 1e)auS o "o7 Q Exhibit 7b ' ;Comments; Wendy Lee 1347 Jena Chubbuck, ID 83202 June 1, 2020 Chubbuck City Zoning & Planning Committee City of Chubbuck 5160 Yellowstone Chubbuck, ID 83202 To the City of Chubbuck, Zoning & Planning, and the Chubbuck City council, I am writing in regards to the zoning of the land on the Northeast corner of the intersection of Chubbuck and Philbin. I have property which is adjacent to this area on the other side of Philbin and myself and my neighbors have concerns about the way this area will be developed. We would prefer this area be developed as residential with property values similar to those in the area and most importantly the trees that are in a grouping along the side of the above described property be kept intact (they actually even form the shape of a bear, see attached pictures.) These trees are the oldest trees in Chubbuck, and their legacy should live on for later generations. Eagles and red tail hawks have been spotted in the past and owls consistently reside there (see attached, these are the best pictures I could provide in the week since learning about this hearing. These birds are raptors and are protected by the Migratory Bird Treaty Act and natural beauty in this case, should not be sacrificed for development. Luckily, the trees only run along the western edge of this property so development can continue to the east and history can be preserved. understand the city has a masterplan for this area that involves residential and commercial and because of the price paid single family residential is not an option. As a result of this we the long-time residents of Chubbuck who love where we live and want the value of our homes and the feel of this country area maintained would like to offer a compromise. If the area is zoned as C1 we think a small gas station with a country feel that preserves the natural beauty with the trees could be supported by the residents, and it would be a draw to the area rather than a detriment. Having a location so close to Miller park (that has been announced by the city, and will be developed in the future) could draw people, especially outdoor enthusiasts as long as the country -feel and natural beauty is preserved. High-rise apartment buildings would take away from this feel and traffic problems in this residential area is a worry, there are not turn lanes, and the roads are very rural, zoning this area R-4 should be avoided at all costs, it is only used as infill and redevelopment and this area is not that (city guide page 68). Code 18-4-20 says the area needs to be zoned "so that it will be compatible and harmonious with the areas around it" (my area is $300-$500 homes and on the other side of Philbin are $400,000-$500,000 homes.) The city comprehensive plan on pg 48 says the developed area needs to be comparable in scale and design to those around it, which high-rise apartments will not be. Pg 47 goal 2 of the comprehensive plan says it should preserve the quality of residential neighborhoods around it. Pg. 34 plan objective 5.1 mentions there should be transitions from low density to high density areas so R-4 housing is not a good fit for this area. Please consider these elements of the citys code and comprehensive plan as you make your decision concerning this area. We trust you will do what is best for the residents of you city in west Chubbuck. Thanks for your consideration in this matter. Wen Lee A owl vs - t Exhibit 7b: Comments L Exhibit 7c: Comments We the undersigned welcome the development at the North East corner of Chubbuck Road and Philbin Road (also referenced as SW % of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Idaho). The abutting properties to the east lot line are overbuilt, R-2 zoned, single household dwellings on 1/2 acre lots with properties valued $425,000 to $500,000. The future properties to the north abutting lot line are platted as 1/4 to 1/3 acre lots with single family dwellings with a potential sale value of $350,000 to $450,000. We request, upon acceptance of annexation of the above named property into the City of Chubbuck, that City Code 18.12.020 be adhered to and become a requirement for annexation and zoning, requiring a 40 foot buffer to any lot line of a residential district, despite any acceptable landscaping or screening or combination provided to reduce the minimum yard requirement by 50%. We also request a 20 foot landscape buffer as stated in City Code 18.12.020 section C.I. be required with adequate landscaping as stated in Code to provide adequate screening between the proposed C-1 and existing and adjacent R-2 zoning. These setbacks and screening requirements will support City Code 18.08.010 Section G which will help buffer and "integrate limited commercial activity and professional offices with residential land uses in a climate favorable to both." Furthermore, these buffers will allow the transition of residential to commercial land and will reduce conditions "that are injurious or noxious, or that otherwise substantially and demonstrably adversely affect the surrounding areas or adjoining premises." (City Code 18.12.020 Section G) Adhering to these requirements will also help provide for the "compatible and harmonious uses of land within the jurisdiction of the city" and "enhancing the aesthetic qualities of the community on the context of sound planning considerations." (City Code 18.04.020) The City of Chubbuck has a Comprehensive Plan which helps guide growth in Chubbuck to grow into a city that our citizens want to live in. City Code 18.04.020 guides growth and development in the city by "organizing uses to encourage growth consistent with a comprehensive plan." The City of Chubbuck Comprehensive Plan supports the landscape buffer between the C-1 and R-2 zoning: Page 6.4 Goal 2: Encourage new development that is compatible with existing buildings and neighborhoods, and promote and preserve the quality of residential neighborhoods. Objective 2.1 Use design guidelines, standards, and incentives to ensure that new infill and redevelopment are compatible with established development. c. Encourage the development of well -landscaped parking lots and buffer strips on major corridors Exhibit 7c: Comments d. Encourage the development of plazas and courtyards by commercial development that encourages public gathering, particularly in the neighborhood and community centers. Page 10.2 Objective 1.2 Protect residential property values. "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." The landscape buffer between the zoned R-2 and proposed C-1 creates a compatible site plan and buffer for the mix uses of the area, protects residential property values and preserves the quality of the adjacent residential neighborhoods. We recognize the land owners right to develop this property and we support development that is harmonious to both owner/developer and the current and future neighboring residents. We encourage the consistent C-1 zoning for the entire property which allows for both Commercial and Residential development (City Code 18.08.010). This C-1 zoning allows for development aligning with owner's desires of commercial and residential development, while leaving in place protections for neighboring residents. The complete C-1 zoning designation will provide development to "integrate limited commercial activity and professional offices with residential land uses in a climate favorable to both" (City Code 18.08.010). David Hall 4893 Hiram Ave Chubbuck, ID 83202 CHUBBUCK Memo Planning & Development Department PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us To: Land Use & Development Commission From: Don Matson, Planning Manager Date: May 29, 2020 Re: A proposal by City Staff to delete existing section of City Code, 18.12.030.N Permit Procedures for Residential Rental Dwellings, and replacing it with a new Chapter 18.10 Accessory Dwelling Units (ADUs), setting forth a new purpose, procedures, standards, and other criteria for future ADUs within the City of Chubbuck; to amend section 18.08.040 General Controls to clarify the process for neighbors comment on ADUs, and to amend section 18.12.040.A Miscellaneous Supplemental Controls to include ADUs. BACKGROUND Currently an accessory dwelling unit (ADU) is defined broadly in City Code as a residential rental dwelling, with an approval process similar to home-based businesses, followed by a building permit. There is a need for additional housing in the community for a variety of family types, including people relocating to the Portneuf Valley for opportunities at places like INL or the FBI. ADUs can also provide supplemental income and security to the owner, and even small well-designed infill can have positive benefits to the community and on the city tax base and utility rates. In City Code there is some preference to allowing an ADU if the primary residence is owner occupied, but there is no guidance on the size, appearance, or parking. The Code includes some contradictions and is difficult to administer. Without more clarity for ADUs, few homeowners have applied for a building permit to create an ADU. This draft rewrite aims to address these issues, resolve concerns in the community, and strengthen current City Code: • Require owner occupancy in the main home (or the ADU) via a deed restriction • Clarify review and approval process • Create size, height, and parking standards • Require home additions to have design compatibility with existing home The attached draft ordinance follows discussions with the City Council on December 4, 2019 and with the LUDC on May 12, 2020 and June 9, 2020. One additional clarification regarding Design Compatibility (front Page 1 entrances) is included for the Commission's consideration. Strikeout parts are to be deleted, underlined parts to be added: • B. For accessory dwelling units attached to a house, any outside entrance must be on the side or rear. ^� Entrance to theme accessory dwelling -may be located on the front building elevation of the house unless multiple only if using an entrances are already in existence. The existing City Code 18.12.030.N Permit Procedures for Residential Rental Dwelling can be found here: https://codelibrary.amlegaI.com/codes/chubbuckid/latest/chubbuck id/0-0-0-7167. See also Exhibit 4. The review and action by the LUDC 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. 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 the City or other political subdivisions. FACTS PETITIONER: City of Chubbuck Attn: Planning Department P.O. Box 5604 Chubbuck, ID 83202 (208) 237-2430 APPLICABLE LAWS AND PLANS: 1. Idaho Code a. Notices of the hearing provided in accordance with §67-6511, Zoning Ordinance 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 Page 2 With regards to the Planned Unit Development, the Comprehensive Plan encourages many of the tenets outlined in the draft ordinance. Staff finds no conflict between the draft and the plan (available at https://cityofchubbuck.us/wp-content/uploads/2018/01 /2002-Comprehensive-plan.compressed.pdO. 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 proposed draft does not encourage sprawl and defines a process to increase dwelling units in current and future housing stock. 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 draft ordinance encourages infill on existing developed lots. 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 draft ordinance encourages infill accessory unis within existing homes and in future homes. 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 draft ordinance encourages compatible land uses. 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 The proposal includes compatibility requirements for the ADU to fit into existing neighborhoods. POLICY f. Encourage residential infill in suitable locations COMMENT The draft ordinance encourages infill accessory units within existing homes and in future homes. OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas POLICY a. Use design standards to encourage compatibility of mixed use development with surrounding areas COMMENT The draft ordinance includes design standards for ADUs to complement the main dwelling/structure and fit in with the neighborhood. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION 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 proposal encourages efficient density with accessory units that can better support transit. CHAPTER 6: COMMUNITY DESIGN GOAL 6.2 ENCOURAGE NEW DEVELOPMENT THAT IS COMPATIBLE WITH EXISTING BUILDINGS AND NEIGHBORHOODS, AND PROMOTE AND PRESERVE THE QUALITY OF RESIDENTIAL NEIGHBORHOODS Page 3 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 The proposed ordinance requires compatibility with existing structures to fit in with neighborhood. OBJECTIVE 6.2.2 Encourage infill and redevelopment to be pedestrian -oriented STRATEGY Use infill, redevelopment, and housing compatibility design standards COMMENT The proposed ordinance requires compatibility with existing structures to fit in with neighborhood. CHAPTER 7: GOVERNMENT SERVICES 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 draft ordinance encourages infill accessory units within existing homes and in future homes. CHAPTER 9: NATURAL RESOURCES 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 COMMENT The draft ordinance encourages infill accessory units within existing homes and in future homes. 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 draft ordinance encourages infill accessory units within existing homes and in future homes. 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 proposed ordinance requires compatibility with existing structures to fit in with neighborhood. OBJECTIVE 10.1.3 Encourage the development of affordable housing COMMENT ADUs are generally more affordable than conventional housing units. 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 draft ordinance encourages infill accessory units within existing homes and in future homes. CHAPTER 13: SCHOOL LOCATION AND TRANSPORTATION GOAL 13.2 SUPPORT THE MAINTENANCE AND ENHANCEMENT OF THE PUBLIC EDUCATIONAL SYSTEM OBJECTIVE 13.2.2 Create schools that are safe and accessible to students with a minimal need for school - operated busing, and that are compatible with and complementary to their neighborhoods Page 4 POLICY b. Locate elementary schools within residential neighborhoods; Elementary schools may be located on collectors, but not on arterial streets; Secondary schools may be located on collectors and arterials; High schools may be located on arterials COMMENT The draft ordinance encourages accessory units within existing homes that are in established neighborhoods that are already served by schools and school buses. #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 encouraging infill development.) See also Goals, Objectives, and Policies in the Comprehensive Plan Chapter 7: Government Services and Chapter 13: School Location and Transportation, above. EXHIBITS 1. Proposed new City Code Chapter 18.10 Accessory Dwelling Units 2. Proposed amended Code Section 18.12.040.A Miscellaneous Supplemental Controls 3. Proposed amended Code Section 18.08.040 Schedule of General Controls by Districts 4. Proposed deleted Code Section 18.12.030.N Permit Procedures for Residential Rental Dwelling 5. For information only, illustrating changes from current City Code, Section 18.12.030.N Permit Procedures for Residential Rental Dwelling, to proposed Chapter 18.10 Accessory Dwelling Units 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: Don Matson Planning Manager Email: dmatson@cityofchubbuck.us Date: June 26, 2020 Page 5 EXHIBIT 1: PROPOSED NEW CHAPTER 18.10 CHAPTER 18.10 ACCESSORY DWELLING UNITS 18.10.010: PURPOSE: The purpose of this chapter is to: allow a more economic and efficient use of the City's housing supply, land, and infrastructure; provide a mix of housing that responds to changing family needs; provide a means for homeowners, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; protect neighborhood stability and property values; and maintain the appearance and character of Chubbuck's single household neighborhoods. 18.10.020: OWNERSHIP: If the proposed accessory dwelling is located in the A, R-1, R-2 or R - 2P zone: A. The owner of the oroperty on which the accessory dwellina is to be created shall occupy one or the other of the dwelling units. For the purposes of this section: 1. Owner shall mean one or more individuals who hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence; a natural or adopted parent, grandparent, child, grandchild, aunt, uncle, brother, sister, niece, or nephew of the owner of the dwelling may be considered the owner occupying one or the other of the dwelling units. 2. Owner occupancy shall mean a property owner who makes his or her legal residence at the site, as evidenced by voter reaistration, vehicle reaistration, or similar means, and resides at the site more than six months in angiven iven year. B. Before obtaining a building permit, a deed restriction shall be recorded requiring that either the primary unit or the accessory unit be owner occupied and that the accessory dwelling shall not be sold separately. The deed restriction shall run with the land, but may be lifted at a future time if the main dwelling and the accessory are converted back into a single residence, or the property conforms to current zoning standards. 18.10.030: LOCATION: A. An accessory dwelling unit is located on the same lot as a single household dwelling unit, either within the same building as the single household dwelling or in a detached building such as a guest house or attached to a garage. It shall not be attached to a duplex or other multi -family structure. B. An accessory dwelling unit may also be attached to or part of a non-residential structure or land use, such as a caretaker unit, parsonage, live -work unit, or loft apartment. Multiple pg. 1 For Public Hearing — LUDC JULY 14, 2020 apartments above or behind commercial space in mixed-use buildings are not considered accessory dwellings. C. Accessory dwelling units are permitted, conditionally_ permitted, or permitted with restrictions throughout the City, per the Schedule of General Controls; Land Uses by Districts found in 18.08.040. 18.10.040 SIZE AND HEIGHT: A. Accessory units associated with a single household dwelling shall be smaller than and clearly subordinate to the primary dwelling unit, and no larger than 1,000 square feet in size. If the accessory dwelling will occupy one level of the home (e.g., basement), it is not feasible to use the remaining area on that level as part of the primary dwelling, and it meets all other requirements of this chapter, it may be authorized by the Director or his designee to occupy the entire level, regardless of size. B. An accessory dwelling unit associated with a non-residential structure or land use shall not be limited in size but must be smaller than, and subordinate to, the primary land use. C. If an accessory dwelling is created from new construction attached to or detached from an existing home, the height thereof shall not exceed the height of the main structure on site, or as permitted by the underlying zoning district, whichever is less. 18.10.050: PARKING AND ACCESS: A. For accessory units associated with a single household dwelling, one (1) additional off-street parking space shall be required in addition to the spaces required for the primary dwelling. Garages and carports may be included in the required amount of off-street parking. Driveway_ parking spaces shall be at least 10' wide and 20' deep. Garages must be setback from the interior edge of the sidewalk by at least twenty feet (20') to prevent vehicle overhang. B. For accessory units associated with a non-residential structure or land use, parking may be shared with the primary land use, but at least one (1) parking space shall be dedicated for each bedroom if the dwelling is greater than 1,000 square feet in size. C. A waiver to the parking requirements may be granted by the Director subject to documentation that unusual circumstances of the occupancy will result in a reduced need for parking on the premises and will not negatively impact the neighborhood. The waiver and the circumstances allowing for the waiver will be documented in the deed restriction required in Section 020, above. D. A walkway shall be provided from the accessory unit to the street, and shall be a minimum of three feet (T) wide and shall be finished with a hard all-weather surface. 18.10.060: DESIGN COMPATIBILITY: A. In order to maintain an exterior consistent with the primary dwelling and the character of the neighborhood, or the associated non-residential structure or land use, any additions or modifications to create an accessory dwelling unit shall incorporate materials, colors, and pg. 2 For Public Hearing — LUDC JULY 14, 2020 design motifs that are compatible with and complement of the primary dwelling or land use, including siding, roofing materials, exterior colors, window trim, and roof style. If it is not feasible for the accessory dwelling to meet these requirements, an alternative design may be aoaroved throuah a Desian Review Drocess. B. For accessory dwelling units attached to a house, any outside entrance must be on the side or rear. Entrance to the accessory dwelling may be located on the front building elevation of the house only if using an entrance already in existence. C. The accessory dwelling shall not be created in or from a production building, vehicle, or temporary structure. Conversion of a garage is not permitted unless the required parking can be sited legally elsewhere on the property. 18.10.070: PERMIT PROCEDURES FOR ACCESSORY DWELLING UNITS: A. Any person applying for an accessory dwelling unit shall make application as set forth in this Title and Title 15. B. If the proposed location lies in the R-1, R-2, or R -2P zone, the applicant shall, on an application form provided by the city, list the names and addresses of all owners of record of property from the outermost points where applicant's property borders the city street, for three hundred feet (300') each way from that point along and on either side of said city street(s). 1. If the accessory unit will be all or partly in the rear yard, or consists of new construction or an expansion, owners of record of property adjacent to the rear property line shall be included. 2. If all of the above described owners sign the applicant's petition for an accessory dwelling permit, then said permit shall be granted, provided all other requirements of this chapter and Title 15 of this code are satisfied. 3. If any owner of record refuses to sign the petition, the applicant shall be required to seek the issuance of a Conditional Use Permit for the accessory dwellina. C. If the proposed location lies in the A, C-2 or I zone a Conditional Use Permit shall be required. D. Any accessory dwelling unit that is attached to or associated with a primary residence shall be served by the same water, sewer, solid waste, electric, and natural gas utility connections and the same postal service address as the primary residence, unless otherwise required by the utility provider or US Postal Service. pg. 3 For Public Hearing — LUDC JULY 14, 2020 EXHIBIT 2: PROPOSED AMENDED SECTION 18.12.040.A CHAPTER 18.12 SUPPLEMENTAL CONTROLS 18.12.040: MISCELLANEOUS SUPPLEMENTAL CONTROLS A. Conversion Of Dwelling To More Units: A dwelling may not be converted to accommodate an increased number of household units unless: 1. The yard dimensions still meet the requirements herein for new structures in that district. 2. The lot area per household equals the lot area requirements for new structures in that district. 3. The conversion results in a qualified Accessory Dwelling Unit in compliance with this code. 4. The conversion is in compliance with all other relevant codes and ordinances. pg. 4 For Public Hearing — LUDC JULY 14, 2020 EXHIBIT 3: PROPOSED AMENDED SECTION 18.08.040 GENERAL CONTROLS SCHEDULE OF GENERAL CONTROLS BY DISTRICT 18.08.040 SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS: Land Uses Land Use Districts A R-1 R-2 R-3 R-4 C-1 —F C-2 1 Residential Dwellings (subject to density restrictions): Single household dwelling P P P P C C C X Duplex C X C P P C C X Threeplex X X X P P C C C Fourplex X X X P P C C C Apartment building X X X X P C C C Residential rental Accessory dwelling C Pz Pz P P P C C Zero lot line residence (subject to restrictions) C C P P P C C X Notes: A temporary deviation from this schedule may be permitted by the Design Review Committee for a period not exceeding 36 months. 1. Permitted unless objections by any person as set forth in section 18.12.032 of this title, in which case the matter is treated as a conditional use permit. 2. Permitted unless objections by any person as set forth in subsection 19,x—z.030N 18.10.070 of this title, in which case the matter is treated as e are 01„eGtiGRS OF if r,,,+ e the , pliEaRt must , r l„ fer a conditional use permit. 3. The schedule for R-2 shall apply to an R -2P Zone. pg. 5 For Public Hearing — LUDC JULY 14, 2020 EXHIBIT 4: PROPOSED DELETED SECTION 18.12.030.N SECTION 18.12.030.N SUPPLEMENTAL CONTROLS 18.12.030: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES: pg. 6 For Public Hearing — LUDC JULY 14, 2020 EXHIBIT 5: COMPARISON BETWEEN CURRENT AND PROPOSED PERMITTING PROCEDURES For information only. Strikeout/underline copy to illustrate changes from current City Code, Section 18.12.030.N Permit Procedures for Residential Rental Dwelling, to proposed Chapter 18.10 Accessory Dwelling Units. Chapter 18.12.030- 18.10.070: PERMIT PROCEDURES FOR Residential Rental Dwelling ACCESSORY DWELLING UNITS- �A. Any person applying for a residential rental an accessory dwelling unit shall make application as set forth in this Title and Title 15.; previded hewever, B. If the proposed location lies in the R-1, R-2, or R-213 zone, the applicant that E)R shall, on an application form provided by the city, list the names and addresses of all owners of record and l(newn „ nts of property within the external be n lanes of the hand being ens* Bred and, from the outermost points where applicant's property borders the city street, for three hundred feet (300') each way from that point along and on either side of said city street. 1. If the accessory unit will be all or partly in the rear yard, or consists of new construction or an expansion, owners of record of proper adjacent to the rear property line shall be included. 2 If the applicant will „ and eEGAPY the p „r+„ -and If all of the above described owners sign the applicant's applicatien petition for a residential rental an accessory dwelling permit, then said permit shall be granted, provided all other requirements of this chapter and Title 15 of this code are satisfied. 3. If any owner of record refuses to sign the petition, the applicant shall be required to #eye seek the issuance of a Conditional Use Permit for the residential ro^+al accessory dwelling. �C. If the proposed location lies in the A, C-2 or I zone a Conditional Use Permit shall be required. D. Any accessory dwelling unit that is attached to or associated with a primary residence shall be served by the same water, sewer, solid waste, electric, and natural gas utility connections and the same postal service address as the primary residence, unless otherwise required by the utility provider or US Postal Service. pg. 7 For Public Hearing - LUDC JULY 14, 2020