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HomeMy WebLinkAbout04 13 2021CHUBBUCK 1 D R H 0 City of Chubbuck Land Use and Development Commission Regular Meeting April 13, 2021 7:00 PM City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 This meeting will be available to the public electronically or by phone. In -persona attendance is allowed, Attending via Zoom or phone is highly recommended and requested. Attendance is limited in accordance with Governor Little's Stage 3 order. MASKS/FACE COVERINGS ARE RECOMMENDED. Web -conference (no webcam is necessary to participate): https://us02web.zoom.us/i/83800210703?pwd—bUE3NDNgK3dwbXE5WGIISTBSTI R6dzO9 Telephone: Dial by your location +1669 900 6833 US +1253 215 8782 US Meeting ID: 838 0021 0703 Passcode: 735362 General information on joining a Zoom meeting can be found at https://support.zoom.us/hc/en- us/articles/201362193-Joininp,-a-Meeting. AGENDA CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST II. APPROVAL OF MINUTES for March 11, 2021 (Action Item) III. PUBLIC HEARING 1. A proposal by city staff to replace existing Chapter 18.28 Administration of the Land Use Ordinance with a rewritten chapter 18.28 Administration, setting forth a new scope, procedures, requirements, and review and approval criteria for conditional use permits, variances, comprehensive plan amendments, title text and map amendments, annexations, appeals of administrative and land use and development commission decisions, and for requests for reconsideration of City Council decisions. Type of Action: Recommendation. (Action Item) 2. An application for a Conditional Use Permit to build 4-plex apartments on approximately 2.05 acres of land under application for approval in the General Commercial (C-2) zone (currently in the Limited Residential (R-2) zone). Subject property is in the NW % of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 251 W. Linden, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial. Type of Action: Decision. (Action Item) 3. An application for a Conditional Use Permit to build townhouses on approximately .40 acres of land in the General Commercial (C-2) zone. Subject property is in the NW % of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 151 W. Park Lawn Drive, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial. Type of Action: Decision. (Action Item) IV. GENERAL BUSINESS The Commission may review proposed city code text amendments by City Staff and provide input on the following section of draft code: Chapter 18.13 Wireless Telecommunications Facilities. Type of Action: Recommendation. (Action Item) The CoJrunission may discuss future meeting times for consistency throughout the City to have all public hearings at the same time. Type of Action: Decision. (Action Item) The Commission may discuss downtown and urban architecture styles and potential standards for future development to give general feedback about likes and dislikes. Type of Action: Discussion. V. 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 City Clerk, Joey Bowers at 208.237.2400 at least 24 hours prior to the meeting. /ao�je- CHUBBUCI( 1 a H H D City of Chubbuck Land Use and Development Commission Regular Meeting March 11, 2021 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, and Brady Smith, Staff Members Present: City Attorney Tom Holmes, Planning Manager Don Matson, Development Manager Sean Harris, and City Clerk Joey Bowers. Mendenhall called the meeting to order at 7:OOpm Mendenhall asked if any commissioners had a conflict of interest with the items before the board. Smith recused himself from business items 42 and 0. APPROVAL OF THE MINUTES: February 9, 2021. Mendenhall entertained a motion to approve the minutes as emailed. Ayre moved to accept the meeting minutes of February 9, 2021 as emailed; Schwartz seconded. The full authority approved. PUBLIC HEARING 1. An application for a Change in Land Use District from Limited Residential (R-2) to General Commercial (C-2) on approximately 2.05 acres of land. Subject property is in the NW % of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 251 W. Linden, Chubbuck, Idaho, The Comprehensive Plan Future Land Use map designates this area as Commercial. Type of Action: Recommendation. Chris Street, HLE Construction, represented the applicant. Mr. Street presented a change in land use from Limited Residential (R-2) to General Commercial (C-2) on approximately 2.05 acres of land. Mr. Street also stated that the applicant is planning to develop a multifamily development on this property. Matson stated that there was some confusion on whether this application was for a C-1 or a C-2 zone change, and clarified that this application was for a General Commercial (C- 2) zone change. Mendenhall opened the Public Hearing. There being no comment, Mendenhall closed the public hearing, bringing the meeting back to the Commission. Berls stated that the zone change request fits within the comprehensive plan. But for a residential development the applicant would need to apply for a conditional use permit. Mrs. Berls would not approve a future conditional use permit application for the current construction plans as presented. Smith felt like the commission needed to take into consideration housing needs anytime there is an opportunity to provide housing for members in the community, especially during the current housing crisis/shortages. GENERAL BUSINESS 1. Recommendation of Zone Change from Limited Residential (R-2) to General Commercial (C-2). (Commission will discuss a change in land use for a recommendation to City Council). Stoddard moved to recommend an approval of the of Zone Change application from Limited Residential (R-2) to General Commercial (C-2) to the City Council; Smith seconded. With all commission members understanding the motion they voted. Roll Call Vote: Rebecca Berls, Yes; Thais Ayre, Yes; Mike Schwartz, Yes; Jason Mendenhall, Yes; Brady Smith, Yes; Dan Stoddard, Yes; Motion carried. 2. An application for a preliminary plat for the Brookstone Estates Subdivision, Division 9. Applicant proposes to subdivide 4.43 acres into 14 residential lots. Property is in the SE 1/ of Section 5, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the west end of Lambert Street, Chubbuck, Idaho. Current zoning designation on the property places it in the Single Family Residential (R-1) land use district. The Comprehensive Plan Future Land Use map designates this area as Medium Density. Application will be evaluated against standards found in municipal code section 17.12.100. Type of Action: Recommendation. (Commission will discuss the application and if it meets City code). Brady Smith, RMES, representing the applicant. Mr. Smith presented a 14 residential lot subdivision. Mr. Smith also presented that Division 9 will be constructed under new ownership. Schwartz asked if the new owner had made any changes to the original plans for this division. Mr. Smith stated that the applicant had made some changes to the installation of the water and sewer infrastructure. Mr. Smith also stated that Lambert St. was originally designed as a through street to connect with a future phase of Lamar Street. The applicant had redesigned this area into two cul-de-sac areas that will cause Lambert St. to end with this development. Berls asked about the completion of Lamar St. as originally planned with this development. Berls was concerned that this development had reached the fire code amount to temporarily allow one access for 90 residential developments. Matson stated that there was some concern with only having one access to Brookstone Divisions 8 and 11 as it continued to develop. This development currently has multiple access points one of which already leads to Lamar St. from Wiltshire St. which will not have any impact on the Brookstone Divisions 8 and 1 I developments access. Development Manager Sean Harris stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and reconunended approval. Mr. Harris also stated that Lamar St. is designed to continue north just west of this development and will intersect with Thurston St. just north of this development. The remaining property to develop Lamar St. to the north will also need to be aiuiexed into the City as this area develops. Schwartz made a motion to recommend approval to City Council of the Brookstone Estates Subdivision, Division 9 preliminary plat as presented. Berls seconded. With all commission members understanding the motion they voted. Roll Call Vote. Rebecca Berls, Yes; Thais Ayre, Yes; Mike Schwartz, Yes; Jason Mendenhall, Yes; Brady Smith, Yes; Dan Stoddard, Yes; Motion carried. 3. An application for a preliminary plat for the Academy Acres Subdivision. Applicant proposes to subdivide 11.71 acres into 36 residential lots. Property is in the NW 1/ of Section 9, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the end of Alpine Avenue adjacent to I-86, Chubbuck, Idaho. Current zoning designation on the property places it in the Limited Residential (R-2) land use district. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. Application will be evaluated against standards found in municipal code section 17.12.100. Type of Action: Recommendation. (Commission will discuss the application and if it meets City code). Brady Smith, RMES, represented the applicant. Mr. Smith presented a 36 residential lot subdivision. Mr. Smith also presented that this development will be working with Connor Academy to make the final connection of Alpine Avenue from Philbin Rd. to Hawthorne Road, and Galena Rd. north to Chubbuck Rd. The applicant is working with the other developers to create a regional system to provide the required secondary irrigation to this development. Development Manager Sean Harris stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and recommended approval. Berls asked about getting a traffic study performed in this area, especially with Connor Academy and all the construction being performed with this development and off of Philbin Rd. Mr. Smith felt like the connectivity that this development will create by extending Alpine Ave. from Philbin to Hawthorne and another connection north to Chubbuck Rd to will help improve traffic patterns and congestion especially around Connor Academy on Philbin Rd. Harris stated that getting a traffic study performed in this area would be a question for the City Engineer. Schwartz made a motion to recommend approval to City Council of the Academy Acres preliminary plat as presented. Ayre seconded. With all commission members understanding the motion they voted. Roll Call Vote: Rebecca Berls, Yes; Thais Ayre, Yes; Mike Schwartz, Yes; Jason Mendenhall, Yes; Brady Smith, Yes; Dan Stoddard, Yes; Motion carried. 4. The Commission may review proposed city code text amendments by City Staff and provide input on the following section of draft code: Chapter 18.13 Wireless Telecommunications Facilities. Type of Action: Discussion. Planning Manager Don Matson gave an update to the board about potential amendments to City Code 18.13 Wireless Telecommunications Facilities. The placement, appearance and height of wireless telecommunication facilities are regulated by federal, state and local laws. Federal codes limit the City's jurisdiction over some aspects of the facilities, as long as a proposed facility is complying with regulations provided by the Federal Communications Commission (FCC). Mr. Matson went over the most current changes to the FCC regulations. Mendenhall asked for this agenda item to be placed on the agenda in April for the commission to review and make a recommendation to the City Council. Mendenhall entertained a motion to adjourn; Schwartz made the motion. Berls seconded. All voted to adjourn at 8:11pm. Jason Mendenhall, Chairperson Joey Bowers, City Clerk This meeting was available to the public electronically and by phone. In-person attendance was allowed, but strict social distancing measures were in place. Via Zoom Teleconferencing: Meeting ID: 816 7206 0649 lao,�C\ CHUBBUCK 1 0 0 H 0 Memo Community Services and Economic Development Dept 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: Devin Hillam, Community Services & Economic Development Director J04 Date: April 1, 2021 Re: For discussion re: Overhaul of Chapter 18.28 Administration (Land Use Title) Background: On January 15, 2020, 1 presented a high-level overview of possible changes to Chapter 18.28 Administration of City Code which would align city processes with several Idaho Code process and which would create more effective guidance, procedures, and standards for various types of land use proposals. At the meeting I was directed to further refine these possible amendments to the chapter with the Land Use & Development Commission and then to bring the Land Use recommendation back to Council following a public hearing for a discussion prior to scheduling a hearing before the Council. Following the Council meeting, Staff and the Commission held two study sessions to refine the drafted text on January 28th and February 11th and finally, a public hearing was held on March 101h. Following the public hearing, the Commission recommended the draft for approval. Following the Commissions' recommendation, the chapter was presented to the Council in several study sessions and since then staff has been working with Council members to further refine the proposal. Because this section governs how so many of our applications are processed and by which standards items are approved, we purposefully slowed it down procedurally to analyze the text regularly and thoroughly to ensure that the proposal is the most workable solution for our needs today and moving ahead. Based on the number of revisions to the document since the Commission last reviewed it, I am seeking your review and recommendation anew. Substantively the document remains as it was recommended by the Commission and the changes have been largely to further clarify intent and add to internal consistency. Instances where substantive items have been changed after the Commission's include requiring that all requests to modify CUPS go back through the public hearing process instead of being administratively by staff and adding language that if an application is unusually complex and providing that staff can require more review time to analyze the application prior to it being reviewed by the Commission so that we can provide our most informed recommendation. Request and recommendation: I am pleased with the proposal now with it having gone through the sausage grinder of public policy making with the Commission and Council and believe we have a great proposal; I thank you for your feedback and input and ask for your review and recommendation of approval. 1 Attachments: #1- Current draft dated 4/1/21 #2- Draft previously recommended by the Commission in 2020 18.28 ADMINISTRATION 18.28.10: SCOPE; SUMMARY TABLE OF PROCEDURES A. Scope: The administrative procedures set forth in this chapter apply, except as otherwise indicated, to recommendations and decisions made by the Land Use and Development Commission (LDDC) and the City Council (Council) on applications or petitions issuance of conditional use permits, granting of variances, revisions of use districts, and any other amendment of this title or of the city's comprehensive plan, and administrative decisions by the Public Works Director (PWD), or their authorized designee, and appeals and reconsiderations of decisions. This chapter is not intended to supersede other portions of code located in other chapters when specific processes are addressed such as the Creative Community zoning designation process or Planned Unit Development designation process but there may be occasions where processes and decisions found in this chapter are used to guide processes in other portions of city code. B. Summary Table of Procedures: D= Final Decision; R= Recommendation; A= Appeal (only if filed); (PH)= Public Hearing; (PM)= Public Meeting (no public hearing); PWD= Public Works Director (or their designee); LDDC= Land Use & Development Commission; CC= City Council Procedure Code Cross- Reference Description PWD LDDC CC Conditional Use Permit 18.28.020 Generally D (PH) A (PM)' 18.28.020.D. Modifications D (PH) A (PM)' Variance 18.28.030 Generally D (PH) A (PM)' 18.28.030.13.12. Administrative D A (PM) A (PM)' Comprehensive Plan Amendment (Map or Text) 18.28.040 R (PH)2 D (PM) Title Amendment (Map or Text) & Initial Zoning Designation 18.28.050 R (PH)2 D (PM) Annexation 18.28.060 D (PM)3 Requests for Reconsideration 18.28.090 D (PM) 1 Notes: 1.If LUDC recommends a material change to the proposal or if the applicant makes a material change to the proposal other than which was initially presented at the hearing, LUDC shall give notice of its proposed recommendation and conduct another public hearing concerning the matter prior to making a recommendation to the City Council. The applicant shall be responsible for the cost of notice mailings and publications if the applicant makes a material change to the proposal. 2.Appeals will only occur if filed in accordance with sections 18.28.070 and 18.28.080. 3.Category A only. Category B and C annexations will be processed as required by Idaho Code 50-222. C. Public Hearing Notice Requirements: Procedure Post on Surrounding Agency/Political Publication in Posted on Notice Site' Property Owner Sub./Utility Official City's Website to Mailing2 Notice3 Newspaper° and on Notice Media Bulletin' as PSA6 Conditional Use Permit- General; Yes Yes Yes Yes Yes No Conditional Use Permit- Major Modification Conditional Use Permit- Minor Modification Yes Yes No No No No Variance- General Yes Yes Yes No No No Variance- Administrative No No No No No No Comprehensive Plan Yes Yes Yes Yes Yes Yes Amendment- Map Comprehensive Plan N/A N/A Yes Yes Yes Yes Amendment- Text Title Amendment- Map Yes Yes Yes Yes Yes No Title Amendment- Text N/A N/A Yes Yes Yes No Annexation (Does not include initial zoning designation) Follow requirements established in Idaho Code 50-222 depending on category of annexation Initial Zoning Designation Yes Yes Yes Yes Yes No Requests for Reconsideration No No No No No No Notes 2 1. Post Notice on Site: At least fifteen (15) days before the hearing, signs shall be placed in at least one (1) location on the subject property, and at a location near the property visible from a public roadway if the property does not have public road frontage, at a location deemed most visible to the public by the Public Works Director. To increase visibility, the Public Works Director may post more than one (1) sign per project. 2. Surrounding Property Owner Mailing: At least fifteen (15) days before the hearing, notice of the time and place of the hearing, and a summary of the proposal shall be mailed to property owners of record per the Bannock County Assessor. Except for variances, all notices required to be sent to surrounding property owners shall be at a radius of at least 300' from the external boundaries of all contiguous lands owned or controlled by the applicant or applicants of the subject property for which the permit is sought and include any additional land which the Public Works Director deems may be substantially impacted. Notices for variances shall be required to be sent only to adjoining landowners; for purposes of this section, "adjoining" shall also mean property owners across the street. When notice is required to two hundred (200) or more property owners or purchasers of record, sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the city at least fifteen (15) calendar days prior to the hearing date, in addition to site posting on all external boundaries of the site. 3. Agency, Political Subdivision, and Utility Notice: Except for variances, at least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be sent via mail, or via a method otherwise requested by the entity, to the following agencies: Bannock County Assessor, Bannock County Commissioners, Bannock County Road and Bridge, Pocatello-Chubbuck Auditorium District, Portneuf District Library, Pocatello-Chubbuck School District #25, Pocatello Airport, Fort Hall Irrigation Project, Idaho Fish and Game, Idaho Transportation Department, United States Postal Office, Idaho Public Health District #6, Bannock Transportation Planning Organization, Idaho Power, Cable One, Century Link, Intermountain Gas, and any other entity deemed appropriate by the Public Works Director. Notice of variance application shall only be required to be sent via mail, or via a method otherwise 3 requested by the entity, to the manager of the Pocatello Airport when the variance, if granted, could create an aviation hazard as defined in Idaho Code section 21-501. 4. Publication in Official Newspaper: At least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be published in the newspaper named in city code chapter 2.24. 5. Posted on City's Website and on Notice Bulletin: At least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be posted on the City's webpage and on the City's public notice bulletin board in City Hall. 6. Notice as a PSA: At least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be sent to other papers, radio, and television stations serving the city for use as a public service announcement (PSA). 18.28.020: CONDITIONAL USE PERMITS (CUP) PROCEDURES A. Applicability: Conditional or special use permits (CUPs) are those which are not allowed outright within a zone but may be allowed only if certain conditions of approval are satisfied. The purpose of this section is to prescribe the procedure for the accommodation of uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings. This procedure shall apply to all proposals for which a CUP is required by city code. B. Design Review Committee Review to Occur Prior to Making Application: Prior to making application for a CUP, where a design review approval is required by Chapter 18.16 or elsewhere in City Code, the applicant shall first obtain a design review clearance of the project such that the Committee may review and relay technical details of the project as they relate to this or other titles of City code. A design review approval does not constitute approval of the use and LUDC may attach more stringent requirements upon a CUP than the Design Review Committee. C. General Requirements and Procedures: 1. Authority to Apply: Any person who owns or has a contractual interest in real property governed by this title may apply for a CUP. A CUP is issued to authorize development or use of the property for the use specified in the permit and subject to any conditions imposed upon the use. The PWD may require the submission of 4 special studies related to the social, economic, fiscal, and environmental effects and any aviation hazard as defined in Idaho Code section 21-501(2) along with the application. 2. Deadline for Complete Applications is 28 Days before Hearing: Complete applications containing the required information and, in the format prescribed by the PWD and all fees as established by resolution of the Council shall be submitted to the PWD at least twenty-eight (28) calendar days before the desired hearing. In the event that an application is deemed incomplete and additional information is required from the applicant, the PWD may remove the item from the desired meeting's agenda. If upon review the PWD determines that an application is of such unusual complexity that more time is needed to thoroughly review and analyze an application in order to make findings and a recommendation to LDDC, the PWD may cause the application to be heard no later than 1 regularly scheduled meeting after the originally anticipated meeting. 3. Notification Requirements: Notices for the public hearing shall be provided in accordance with section 18.28.10.C. 4. Public Hearing: A public hearing shall be held by LUDC in accordance with procedures adopted by Council resolution. At the public hearing, LUDC shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the standards of approval in Section 18.28.020.C.5. 5. Standards for Approving a CUP: A CUP may only be approved if LUDC makes affirmative findings of fact on each of the following standards: a. The proposed use is conditionally permitted in the subject zoning district and complies with all of the applicable provisions of city code unless modified through the conditional use permit process. b. The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. c. The proposed use is compatible with other existing and permitted uses in the general vicinity. 5 d. The proposed use is harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses. e. The proposed use would not place an undue burden on transportation, police, fire and EMS protection, water/sewer, schools, and other public facilities or agencies, in the vicinity. f. The proposed use, if it complies with all conditions imposed, will not adversely affect other properties or the environment in the vicinity to a materially greater extent than would uses permitted outright by this Code. 6. Conditions of Approval: It is not the intent of this section to restrict or specify the design proposed or to specify the exterior detail or design, color, or materials of a project, except when such detail is of a magnitude affecting the general appearance and compatibility of the development with its surroundings. To make affirmative findings relating to the standards established in section 18.28.020.C.5, LUDC may condition approval of the permit on compliance, including but not limited to, the following: a. Conformity to approved plans and specifications. b. Provision of open spaces, pathways, buffer strips, walls, fences, landscaping, and lighting. c. Minimizing adverse impact on other development. d. Controlling the sequence and timing of development. e. Assuring that development is maintained properly. f. Designating the provision of on-site or off-site public facilities or services. g. Requiring more restrictive standards than those generally required by the Code; and h. Requiring the mitigation of effects of the proposed development upon service delivery to the property by any political subdivision, including school districts. 7. Requiring Special Studies: Prior to making a decision or as a condition of approval, the LUDC may require the submission of special studies related to the social, economic, fiscal, and environmental effects and any aviation hazard as defined in Idaho Code section 21-501(2). 0 8. Variance or Waiver to Development Standards Included in Permit: Pursuant to Idaho Code section 67-6512(f), LUDC may approve, in accordance with notice and approval criteria in Section 18.28.030, a change from required standards located in this Title. The application must specify the changes being requested and address the approval criteria via narrative. When an application contains both requests, only the fee for a conditional use permit shall apply. 9. Effective Date: The decision of LUDC shall be effective ten (10) calendar days from the date that the findings of fact and conclusions of law is signed and approved by the Chair. 10. Application Resubmittal: No application for a conditional use permit that has been denied by LUDC or Council shall be resubmitted in either the same or substantially same form less than one (1) year from the date of the final action, unless specifically authorized by the granting body during the final action decision. 11. Regulatory Taking: Denial of a CUP or approval of the same with conditions unacceptable to the landowner may be subject to a regulatory taking analysis provided for by Idaho Code section 67-8003, consistent with requirements established thereby. D. Modifications to Approved CUPS: Modifications or amendments to approved CUPS may be approved by LUDC only after following the application submission, fee payment, public notice, and public hearing requirements and procedures established by Chapter. If upon review the change is deemed technically substantive enough by the PWD such that it could impact the delivery of services or infrastructure by the City, the PWD may require that the modifications be reviewed and approved by the Design Review Committee prior to being scheduled with LDDC. Upon review by LDDC, requirements and standards of sections 18.28.020.C. 5-11 shall be considered, and affirmative findings be made for each standard. E. Regulatory Takings Analysis: Denial of a CUP or modification request or approval of the same with conditions unacceptable to the landowner or applicant may be subject to a regulatory takings analysis provided for by Idaho Code section 67-8003, consistent with the requirements established thereby. F. Term of Approval: Unless a longer time shall be specifically established as a condition or allowance of approval, a conditional use permit shall lapse and become automatically void 7 one (1) calendar year following the date on which such permit became effective, unless prior to expiration, the use has commenced, and all conditions of the permit are satisfied. G. Extension: A CUP subject to lapse may be renewed by the PWD one (1) time for up to additional two (2) years provided that prior to the expiration date, a written petition is filed at least thirty (30) days prior to lapse with the PWD and that the same finds that none of the following circumstances exist; in the event that the PWD finds that any of the following exist, the extension request shall be denied and the applicant may appeal through the usual appeals process or may apply for a new conditional use permit: 1. There have been significant amendments to the Comprehensive Plan or Land Use ordinance which will affect the CUP authorization. 2. There have been significant land use changes in the vicinity which would adversely impact the project, or which would be adversely impacted by the project. 3. There are hazardous situations which have developed or have been discovered in the area. H. Approval is Non -Transferrable and Runs with the Land: A CUP is non -transferable from one (1) parcel of land to another and shall run with the land and continue to be valid upon a change of ownership of the site or structure, providing however, that the new owner complies with the terms of the permit. I. Revocation of Permits: CUPs may be revoked by the PWD at any time if it is determined that any condition of the CUP or any other city code is being violated. Prior to revocation, the applicant shall be afforded thirty (30) days after the date of notification of noncompliance/intent to revoke to become compliant. Additionally, prior to revocation, the applicant shall be afforded an opportunity for a hearing before LDDC; said hearing must be requested within ten (10) calendar days of the date of notification of noncompliance/intent to revoke the conditional use permit. Failure to come into compliance within thirty (30) days of the notification of noncompliance and failure to request such a hearing will result in immediate revocation of the approved CUP and may constitute a violation of this Title. 18.28.030: VARIANCES 9 A. Applicability: A variance shall not be considered a right or special privilege but may be granted upon a determination by LUDC that the approval criteria are satisfied. A variance pursuant to this Chapter shall not apply to variances as described in Chapter 15.54 Flood Damage Prevention, nor shall it apply to parking requirements, or other deviations allowed in other sections of code. For purposes of this chapter, a variance is defined as the modification of the bulk and placement requirements of the Land Use Ordinance as to one (1) or more of the following items only: 1. Minimum lot area (square feet). 2. Minimum lot width and depth. 3. Minimum lot frontage. 4. Minimum front yard setback. 5. Minimum rear yard setback. 6. Minimum side yard setback. 7. Maximum building or structure height. 8. Any other land use ordinance provision affecting the size or shape of a structure or building or the placement of a structure or building upon a lot, or the size of lots. B. General Requirements and Procedures: 1. Authority to Apply: Any person who owns or has a contractual interest in real property governed by this title may apply for a variance. 2. Deadline for Complete Applications is 28 Days before Hearing: Complete applications containing the required information and, in the format prescribed by the PWD and all fees as established by resolution of the Council shall be submitted to the PWD at least twenty-eight (28) calendar days before the desired hearing. If an application is deemed incomplete and additional information is required from the applicant, the PWD may remove the item from the desired meeting's agenda. If upon review the PWD determines that an application is of such unusual complexity that more time is needed to thoroughly review and analyze an application to make findings and a recommendation to LDDC, the PWD may cause the application to be heard no later than 1 regularly scheduled meeting after the originally anticipated meeting. 0 3. Notification Requirements: Notices for the public hearing shall be provided in accordance with section 18.28.10.C. 4. Public Hearing: A public hearing shall be held by LUDC in accordance with procedures adopted by Council resolution. At the public hearing, LUDC shall receive pertinent evidence concerning the proposal, particularly with respect to the standards of approval in Section 18.28.030.B.5. 5. Standards for Approving a Variance; written final decision required: A variance may be only approved if LUDC makes affirmative written findings of fact on each of the following standards: a. The applicant has taken all reasonable steps to comply with the strict terms of the ordinance from which a variance is requested. b. Granting of the variance is not a right or special privilege. c. Granting of the variance is due to an undue hardship as related to the characteristics of the land, and the applicant has shown that absent a variance, they would be deprived of rights commonly enjoyed by other properties in the identical zoning district under the terms of the title. d. Granting of the variance is the result of an undue hardship caused by the characteristics of the site and the creation of the hardship did not result from actions of the applicant, or the current, or a prior landowner, or any of their agents. In no event shall any variance be granted merely because compliance would diminish the financial return from use of the land in question or because it would reduce the market value of lands or because compliance with code would be financially costly. e. Granting of the variance does not demonstrably adversely affect adjacent/nearby property. f. Granting of the variance is not detrimental to the public health, safety, and welfare. 6. Precedents: The granting of a prior variance or referencing property developed under prior regulations is not admissible evidence for the granting of a new variance. Each request for a variance shall be judged on its own facts and circumstances. 10 7. Effective Date: The decision of LUDC shall be effective ten (10) calendar days from the date that the findings of fact and conclusions of law is approved by the Chair. 8. Application Resubmittal: No application for a variance that has been denied by LUDC shall be resubmitted in either the same or substantially same form less than one (1) year from the date of the final action, unless specifically authorized by LDDC, or the Council upon hearing an appeal. 9. Regulatory Takings Analysis: Denial of a variance or approval of the same with conditions not acceptable to the landowner may be subject to a regulatory takings analysis provided for by Idaho Code section 67-8003, consistent with the requirements established thereby. 10. Variance Expiration: Authorization for an approved variance shall be valid for a period of one (1) year from the date of approval. The applicant must initiate implementation of the approved variance through construction within one (1) year from the date of approval. The approval shall become null and void in the event that implementation of the variance and all conditions are not initiated within said one (1) year period. A variance permit that has expired prior to implementation shall not be reestablished without a new variance being approved, unless the permit is otherwise extended under the terms of this Chapter. 11. Time Extension: An applicant who has been granted a variance may request a time extension that does not exceed an additional six (6) month period. A request for a time extension must be submitted in writing to the PWD at least thirty (30) days prior to the expiration of the approved variance permit. The PWD may grant the request provided the applicant demonstrates good cause for the extension of the approved permit. Only one extension may be granted. A denial of a time extension by the Director may be appealed to LUDC in accordance with section 18.28.070. 12. Administrative Variance: The PWD may approve the modification of a setback, building height, lot coverage, or building footprint size requirements of this Title by up to ten percent (10%), in writing, subject to the following requirements: a. The applicant must provide written consent from all adjoining property owners of record, signified by the owner's signature on a form provided by 11 the PWD; for purposes of this chapter, if one property owner of a property listed with multiple property owners provides written consent, this requirement shall be deemed satisfied for that property. 1. The consent form shall clearly describe the nature of the proposed variance request and state that the property owner, by signing the form, is consenting to the variance request. a. If any of the adjoining owners fail to sign the form, then the administrative variance cannot be processed by the PWD. b. If the applicant fails to obtain all of the required signatures, they may at their own discretion, submit a variance application pursuant to this section/ b. The application meets the standards for approving a variance set forth in section 18.28.030.B.5. 18.28.040: Comprehensive Plan Amendment A. Purpose: The purpose of this section is to establish procedures for amendments to the text and map components of the adopted Comprehensive Plan (Plan) of the City of Chubbuck. B. Applicability: The provisions of this section shall apply to any Plan amendment application. C. Hearing Requirements and Procedures: 1. Initiation of an Amendment: a. Amendment Initiated by the City: The Council, LDDC, Mayor, or PWD may propose to amend the Plan. b. Amendment Initiated by a Property Owner: A property owner or duly authorized representative wishing to modify the Plan first shall complete a pre -application conference with the PWD prior to the submittal of a Plan amendment application, the purpose of which for the potential applicant to discuss their proposal with staff to identify any readily apparent issues with the proposal and to discuss rationale for the proposal. 2. Deadline for Complete Applications is 28 Days before Hearing: Complete applications containing the required information and in the format prescribed by 12 the PWD and all fees as established by resolution of the Council shall be submitted to the PWD at least twenty-eight (28) calendar days before the desired hearing. If an application is deemed incomplete and additional information is required from the applicant, the PWD may remove the item from the desired meeting's agenda. If upon review the PWD determines that an application is of such unusual complexity that more time is needed to thoroughly review and analyze an application to make findings and a recommendation to LDDC, the PWD may cause the application to be heard no later than 1 regularly scheduled meeting after the originally anticipated meeting. 3. Amendments Require At Least One (1) Public Hearing: Prior to recommending the adoption, amendment, or repeal of the Plan to the Council, LUDC shall conduct at least one (1) public hearing in accordance with the resolution of the City Council and with notice provided in accordance with section 18.28.10.C. LUDC shall review the criteria found in 18.28.040.1) and issue provide a recommendation to the Council as whether the proposal satisfies or does not satisfy each criteria. D. Recommendation to Council and Required Findings: Upon recommendation from LDDC, the Council shall review the recommendation and the record at a public meeting; at their discretion, the Council may call for a public hearing to be held and the applicant shall be responsible to all costs of providing notice. The Council may approve a Plan amendment after considering following criteria; affirmative findings on each of the following are not required to approve an amendment: 1. The proposed change is required for the public convenience or necessity, or the general welfare of the community, and is in the community's best interest. 2. The proposed change is needed to recognize substantial changes in the actual conditions of the area or City that have occurred since the Comprehensive Plan was adopted, or is necessary to correct one or more goals, objectives, or policies that exist in the Plan. 3. The proposed change will comply with the community's goals, objectives, and policies within the Comprehensive Plan, including its maps; and 13 4. The proposed change will not place undue burden on transportation or other public facilities in the planning area and does not adversely impact the delivery of services by any political subdivision. E. Material Change from LUDC Recommendation Requires Public Hearing: If the Council determines it best to make a material change from the recommendation of LDDC, further notice and public hearing shall be provided in accordance with section 18.28.10.0 before the Council adopts, amends, or repeals the Plan. F. Approval by Resolution: A Plan amendment shall become effective when enacted by resolution by the Council. 18.28.050: Title Text and Map Amendments & Initial Zoning District Designation A. Applicability: The purpose of this section is to provide a process for amending the text of the zoning ordinance and/or the zoning district map, or other portions of city code deemed by the City Attorney to fall under the regulatory purview of the Local Land Use Planning Act of the State of Idaho, Chapter 65, Title 67. B. General Requirements and Procedures 1. Initiation of an Amendment a. Amendment Initiated by the City: The Council, LUDC, Mayor, or PWD, may initiate a request to amend the text of this title or to amend the zoning district map. b. Amendment Initiated by a Property Owner: An owner of private property within the City of Chubbuck or their duly authorized representative, may initiate a request to amend the text of this title or to amend the zoning district map by submitting an application to the PWD. 2. Deadline for Complete Applications is 28 Days before Hearing: Complete applications containing the required information and, in the format prescribed by the PWD and all fees as established by resolution of the Council shall be submitted to the PWD at least twenty-eight (28) calendar days before the desired hearing. If an application is deemed incomplete and additional information is required from the applicant, the PWD may remove the item from the desired meeting's agenda. If upon review the PWD determines that an application is of such unusual complexity 14 that more time is needed to thoroughly review and analyze an application in order to make findings and a recommendation to LDDC, the PWD may cause the application to be heard no later than 1 regularly scheduled meeting after the originally anticipated meeting. 3. City May Require Conceptual Development Plan: When not accompanied by a plat or other use permit, the PWD, LUDO, or Council may require a conceptual development plan that depicts streets, site access, internal circulation patterns, connectivity to adjacent properties, general locations of buildings, land uses and parking, pedestrian walkways, and private/public open space. 4. Notification Requirements: Notices for the public hearing shall be provided in accordance with section 18.28.10.C. 5. Public Hearing: A public hearing shall be held by LUDC in accordance with procedures adopted by Council resolution. At the public hearing, LUDC shall receive pertinent evidence concerning the proposal, particularly with respect to the standards of approval in Section 18.28.050.B.8. 6. Recommendation: After considering the petition, facts, testimony, and the review criteria found in section 18.28.050.B.8, LUDC shall make a recommendation to the Council on whether to approve without or with conditions, deny, or modify an amendment request. Following the LUDC hearing, if LUDC recommends a material change to the proposed amendment which was considered at the hearing, it shall give notice of its proposed recommendation and conduct another public hearing concerning the matter if the council will not conduct a subsequent public hearing concerning the proposed amendment. 7. Council Review of Recommendation: Following receipt of LUDC's recommendation, the Council shall hold a meeting to consider the request and the recommendation of the Commission and shall render a decision. Since a public hearing was held on the application by the Commission, a public hearing with Council shall not be required however, affected persons may petition the Council in writing to hold a public hearing. The decision as to whether or not to hold a hearing shall be at the discretion of the Mayor after discussing the petition with the City's legal counsel, the Council President, and the PWD. In those instances where 15 a hearing is held, notice shall be given pursuant to requirements of Idaho Code section 67-6511 and the applicant shall be responsible for the costs associated with additional notices. As a requirement for consideration and action, any written petition by an affected person for a hearing shall be submitted to the PWD not less than seven (7) calendar days prior to the Council meeting in which the application will be reviewed in order for the petition to be considered. Any petition not submitted in a timely manner shall be barred from consideration. Petitions shall include the names and addresses of the petitioners and a narrative describing the petitioner's concerns with the application as they specifically pertain to the review criteria as found in subsection 8 of this section and describing how the proposal affects their interests. 8. Standards for Approving a Title Text or Map Amendment: A title amendment may be only recommended for approval by LDDC, and approved by the Council, if affirmative written findings of fact are made on each of the following standards; concurring findings between the two bodies are not necessary in order for the Council to approve, approve with conditions, or deny an application: a. Map Amendment: 1. The proposed map amendment would be in the community's best interest.; 2. The list of uses permitted by the land use ordinance would blend with surrounding land uses and the uses permitted in the proposed zoning district would be harmonious in terms of their scale, mass, coverage, density, and intensity with adjacent land uses. 3. The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. 4. The subject site would be adequately served by transportation routes, police, fire and EMS protection, water/sewer, schools, and other public facilities and services, or agencies, to serve the public health, safety, and general welfare under the proposed zoning district; and 16 5. The proposed map amendment is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. LUDC and Council shall have discretion in interpreting exact boundary locations of the future land use map designations when considering map amendment requests. a. Text Amendment: 1. The proposed text amendment would be in the community's best interest. 2. The proposed text amendment is consistent with the existing provisions of the zoning ordinance; and 3. The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. C. Approval by Ordinance: Zoning ordinance amendments, text or map, shall become effective when the Council adopts an ordinance amending the Title and upon summary publication. D. Rezoning of Land within Four Years: If the Council adopts a zoning district change pursuant to a request by a property owner, the Council shall not subsequently reverse its action or otherwise change the zoning classification of said property without the consent in writing of the current property owner for a period of four (4) years from the date of adoption of said change, per Idaho Code section 67-6511(d). E. Regulatory Takings Analysis: An amendment of the zoning ordinance applicable to an owner's lands or approval of conditional rezoning or denial of a request for rezoning may be subject to a regulatory taking analysis provided for by Idaho Code section 67-8003, consistent with the requirements established thereby. F. Zoning Development Agreements (ZDA): 1. Purpose: A zoning development agreement (ZDA) is a discretionary tool to be used by LUDC and the Council pursuant to Idaho Code section 67-6511A. ZDAs allow a change in a zoning for a specific project, with a specific use, to be developed in an area which may not be appropriate for all uses permitted outright or conditionally 17 within the proposed zone. Approval of a ZDA, pursuant to this section, would permit the proposed use, with conditions, within the proposed zone. 2. ZDA Designation: Lands approved for a change in zoning with a ZDA shall be designated by a "(ZDA)" (zoning development agreement) on the map following the official zoning designation (e.g., R-1(ZDA), R-2(ZDA), C-1(ZDA), PUD(ZDA), etc.). Designation of property as (ZDA) shall not constitute "spot zoning" nor shall be it presumptive proof that the zoning of other property adjacent to or in the vicinity of the ZDA property should be zoned the same. 3. When Permitted or Required: A ZDA may be permitted or required at the discretion of LUDC or Council when considering a request for a rezone. An agreement, when permitted or required, shall be initiated through one of the following methods: a. On request by the landowner or duly authorized representative. b. On recommendation of the PWD; and c. As recommended by LUDC and/or required by Council. 1. LUDC or Council may require that a ZDA be executed prior to allowing a particular project to proceed. A ZDA may be formulated when approval of the rezone would permit uses within that zone which may not be appropriate to the area, but the subject project presented may have value to the community which could otherwise be allowed using an agreement. 4. Creation and Form: If a ZDA is deemed necessary by LUDC or Council, the developer or owner shall prepare and execute an agreement with the City that shall be reviewed and approved for form by the City Attorney prior to final Council action. The agreement shall contain the provisions set out below, and once executed by the developer/owner, shall be presented to Council for its approval, and then recorded with the County Clerk with a copy of the instrument provided to the City. Minimum provisions in ZDA's shall be: a. Legal description of the subject property. b. An affidavit by the owner of the property agreeing to the submission of the use and property for an agreement. 18 c. A concept plan for the property including, but not limited to preliminary site plans, elevation plans, density, and other pertinent exhibits. d. Construction schedule, including projected occupancy date. e. Provisions for any reservation or dedication of land. f. The duration of the agreement; and g. A provision that the owner acknowledges and agrees that failure to comply with the terms of the agreement shall result in a rezoning of the real property to the zoning district existing immediately prior to the execution of the agreement or, in the case of the pre-existing zone being an initial zone at annexation, a zone deemed appropriate by the Commission and Council. h. A provision specifying that the agreement and all conditions, terms, duties, and obligations included in said agreement shall be an encumbrance on the real property and shall run with the land. i. Any other matter required by the Council. 18.28.060: ANNEXATIONS A. Applicability: This section implements the expressed policy of the State of Idaho that cities of the State should be able to annex lands which are reasonably necessary to assure the orderly development of Idaho's cities to allow efficient and economically viable provision of tax -supported and fee -supported municipal services, to enable the orderly development of private lands which benefit from the cost-effective availability of municipal services in urbanizing areas, and to equitably allocate the costs of public services in management of development on the urban fringe. The corporate boundary of the City may be expanded whenever the Council deems it to be for public convenience or necessity or for the general welfare. This section shall apply to all lands which can annex by State law in accordance with its procedures. B. Prior Consent: For purposes of this section, prior consent to annex shall be deemed given when evidenced by written authorization or approval executed by the owner or owner's authorized agent. Consent shall be implied for the area of all lands connected to water or 19 wastewater systems operated by the City if the connection was requested in writing by the owner, or the owner's authorized agent, or completed before July 1, 2008 and for lands subject to a written consent to annex recorded in the County Recorder's office. Written consent to annex, if recorded in the County Recorder's office, shall be binding upon subsequent purchasers, heirs, or assigns of lands in the consent. Lands need not be contiguous or adjacent to the city limits at the time the landowner consents to annexation for the property to be subject to a valid consent to annex; provided however, no annexation of lands shall occur, irrespective of consent, until such land becomes contiguous or adjacent to the city limits. C. Approval by Ordinance: Annexations shall become effective when the Council adopts an ordinance and upon summary publication. D. Annexation or Written Consent to Annex Required before Providing City Facilities and Services: Prior to providing municipal facilities or services, the City will require annexation of those eligible properties and if not eligible, written annexation consents to be recorded with the County Recorder's office and evidence of the instrument provided to the City. E. Application: A request for the annexation of property into the City may be initiated as outlined in Idaho Code title 50, chapter 2. In the case of non -City initiated annexations, an annexation application shall be filed and include all information required by the PWD and fees as required resolution adopted by the Council, along with any other information required by the same chapter of Idaho Code. All annexation applications shall be accompanied by a separate application for an initial zoning designation pursuant to the requirements of section 18.28.050; the Council shall not review an annexation application until it has received an initial zoning designation recommendation from the Commission. F. Annexation Classifications, Notice, and Procedure: In accordance with Idaho Code section 50-222, three (3) annexations classifications have been established based on the size of the area considered for annexation, the property's contiguity to the City, level of private landowner consent, and sometimes due to health-related considerations. Annexation of all lands shall follow the applicable notice and procedures required by Idaho Code. G. Standards for Approving Annexations: 20 a. Standards for Approving an Annexation: Annexation may be approved by the City Council if affirmative written findings of fact are made on each of the following standards: 1. The land is contiguous or adjacent to the City boundary. 2. All portions of highways, streets, or roadways lying wholly or partially within an area to be annexed shall be included within the area requested for annexation unless expressly agreed between the City and the County. 3. The annexation meets the requirements for its Annexation Classification under Idaho Code. 4. Annexation of the land is in the best interest of the City. Suggested considerations to evaluate for this criteria include: a. Revenue generated by property taxes will exceed long-term costs associated with maintenance and provision of services and facilities, b. The advantages both to the City and to the area outweigh the disadvantages. c. If previously developed, the area has the opportunity to redeveloped or to develop at higher intensity. d. If expenses required to bring the properties to city standards exceed anticipated property tax income, the residents and/or Council agree to form a local improvement district. e. Annexation is equitable and fair to existing residents; and f. Annexation would address a public health concern. 5. The land can be served currently, or within a reasonable time, by essential urban services. 6. A zoning district will be assigned via ordinance at the same time, or immediately following, the annexation approval. 18.28.070: APPEAL OF ADMINISTRATIVE DECISION 21 A. Written appeals of the PWD's decisions as authorized by this Title may be filed by the applicant or any affected person having a bona fide interest in real property as defined in Idaho Code section 67-6521. The appeal petition must be submitted within ten (10) days of the PWD's final decision and contain a description of the grievance as it pertains to the specific standards for approval. The appeal shall be heard within a reasonable time by LUDC to review the decision of the PWD and to hear testimony of the appellant and applicant (if different from appellant). LUDC shall determine whether to remand, uphold, modify, or overturn the decision of the PWD, including whether to remove or add conditions. A decision of LUDC may be appealed to the Council in accordance with section 18.28.080. 18.28.080: APPEAL OF LAND USE AND DEVELOPMENT COMMISSION DECISION A. Written appeals of LUDC's decisions, not recommendations, may be filed by the applicant or any affected person having a bona fide interest in real property as defined in Idaho Code section 67-6521. The appeal petition must be submitted within ten (10) days of the Chair's approval of the written final decision, contain a description of the grievance as it pertains to the specific standards for approval. The appeal shall be heard within a reasonable time by the Council to review the decision of LUDC and to hear testimony of the appellant and applicant (if different from appellant). The Council shall determine whether to uphold, modify, or overturn the decision of the LDDC, including whether to remove or add conditions. 18.28.090: REQUESTS FOR RECONSIDERATION A. Purpose: The purpose of this section is to minimize the number of court appeals, to prevent new information from being presented, and to resolve disputes in accordance with Idaho Code section 67-6535 which requires that any applicant or affected person seeking judicial review of a final decision must first seek reconsideration. B. Applicability: Requests for reconsideration of Council decisions shall apply to all final decisions rendered by the Council. C. Requests Due Fourteen (14) Days from Final Decision: Written requests identifying specific deficiencies in the decision for which reconsideration is sought must be submitted to the City Clerk within fourteen (14) days from the date of the final decision. Written 22 requests are reviews of the record against already presented evidence and no new evidence shall be presented other than that was considered as part of the final decision. D. Procedure: Upon reconsideration, the Council may affirm, reverse, or modify the decision in writing within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. A decision shall not be deemed final for purposes of judicial review unless or until the procedures of this section have been followed. The twenty-eight (28) day period for seeking judicial review is tolled from the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first. 23 / ac", t*- \ CHUBBUCK 1 A A H A Planning & Development Department PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Memo To: Land Use & Development Commission From: Devin Hillam, Planning & Development Director I Date: February 14, 2020 Re: A proposal by city staff to replace existing Chapter 18.28 Administration of the Land Use Ordinance with a rewritten chapter 18.28 Administration, setting forth a new scope, procedures, requirements, and review and approval criteria for conditional use permits, variances, comprehensive plan amendments, title text and map amendments, annexations, appeals of administrative and land use and development commission decisions, and for requests for reconsideration of City Council decisions. BACKGROUND Chapter 18.28 of the Chubbuck City Code establishes procedures, requirements, and review and approval criteria for various permits and approvals, including conditional use permits, variances, comprehensive plan amendments, title text and map amendments, annexations, appeals of administrative and land use and development commission decisions, and for requests for reconsideration of City Council decisions. The existing code contains several problems relating to inconsistencies in notice requirements and approval criteria when compared with the requirements of Idaho Code and lacks procedures and review criteria for important policy -level decisions related to annexations, comprehensive plan amendments, and zoning by development agreement. Following a discussion of the issues and possible remedies with the City Council on January 15, 2020, City Staff took the concerns and a draft overhaul amendment to the Land Use and Development Commission twice for discussion at study sessions on January 28 and February 11, 2020. The proposal before the Commission for the hearing on March 10, 2020 is the culmination of the dialogue during the study sessions and the proposal is now ready for a public hearing wherein the Commission will hear public input and determine whether to make changes to the document prior to sending it to the City Council or to recommend the draft as presented. STAFF RECOMMENDATION Staff finds that the draft code satisfies the criteria necessary to recommend approval of the title text amendment to the City Council, with the two criteria being: 1. The proposal does not conflict with the policies of the Comprehensive Plan; and 2. The proposal will not result in demonstrable adverse impacts upon the delivery of services by political subdivision. Page 1 FACTS PETITIONER: City of Chubbuck Attn: Planning Depart. P.O. Box 5604 Chubbuck, ID 83202 (208) 237-2430 APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §67-6511, Zoning Ordinance i. Notices of the hearing provided in accordance with Idaho Code Chubbuck Comprehensive Plan (as amended) Chubbuck City Code Notices of the hearing provided in accordance with City Code Chapter 18.28 DECISION-MAKING CRITERIA #1: IC 67-6511- Zoning amendments to not conflict with the policies of the Comprehensive Plan With regards to Chapter 18.28, the Comprehensive Plan is fairly silent except for some guidance that could pertain to various approval criteria that are addressed in the new Chapter 18.28 which would require an evaluation for annexations, which refines compatibility of land uses and zoning for land use district change proposals and for conditional use permits. Upon review, Staff finds no conflict with the Plan (Available at https://cityofchubbuck.us/wp-content/uploads/2018/01 /2002-Comprehensive-Plan.com pressed. pd specifically, the following goals, objectives, and policies may have some application to the proposal: GOAL OBJECTIVE POLICY Land Use Chapter LU 1: Direct urban 1.1: Strongly protect b. Make careful assessment of the costs and growth to urban infill prime agricultural land benefits of annexation areas from development sprawl c. To discourage sprawl and promote compact development patterns, all new development projects shall be located within the City limits and the USB. All new development shall be provided with adequate public facilities and services, including water, sewer, roads, parks, schools, police, and fire protection. 1.2: Coordinate the b. Prohibit the extension of City services outside of provision of public the USB services and infrastructure with proposed land use Page 2 LU 5: Encourage 5.1: Encourage a a. Adhere to land use designations on the compatible land uses transition of land use Comprehensive Plan Map. from low -intensity land b. Use a combination of zoning, performance uses (i.e., residential, requirements, site planning, and transportation quasi -public public) to routes to create the highest level of compatibility higher intensity land between adjacent uses while retaining a uses (i.e., commercial complementary mix of possible uses between and industrial). neighborhoods and communities. Purposefully arranged d. Closely work with residents and business land use transitions owners to develop refinement plans that define avoid conflicting uses acceptable uses and appropriate performance while keeping distances standards. between uses short g. Ensure an adequate supply of commercial land enough to facilitate sensitive to market needs communications, transportation, and human activity between them. 5.2: Encourage a mix of a. Use design standards to encourage compatible uses in new compatibility of mixed use development with neighborhoods and in surrounding areas. redevelopment areas. b. Locate mixed-use areas along Yellowstone Avenue and in new neighborhoods Transportation Chapter T 1: Provide for safe and 1.6: Use innovative b. Encourage the formation of local improvement free-flowing traffic for financing strategies to districts to help facilitate the construction of all modes of fund transportation future street improvements and the improvement transportation improvements of existing street facilities. Government Services Chapter GS 3: Support the 3.2: Coordinate private a. Establish development standards for coordination of effective and public development commercial and residential developments that and efficient provision with private utility assure effective and efficient public maintenance, of private utilities to provision if events require, such standards may dictate current and future City construction materials, right-of-way and easement residents widths, and other matters. Housing Chapter H 1: Respond to housing 1.2: Protect residential a. Use a combination of zoning, development needs property values standards, site planning guidelines, and transportation routes to protect residential property values. They will be used to create the highest level of compatibility between adjacent uses possible which retaining a synergistic mix of uses within neighborhoods and communities. b. Diligently enforce city codes and ordinance on junk, property maintenance, and other nuisance situations Page 3 #2: IC 67-6511- Zoning amendments to not result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction. Staff does not anticipate any negative impacts upon the delivery of services to the City nor other political subdivisions providing services in the City. Disclaimer: *The information presented in this document is based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. Report Prepared by: Devin Hillam Community Planning & Economic Development Director dhillam@citvofchubbuck.us Date: February 13, 2020 ATTACHMENTS: 1. Proposed Chapter 18.28 Administration 2. Current Chapter 18.28 Administration Page 4 c. Create and enforce development standards that increase the requirements for services and amenities as project density increases. #2: IC 67-6511- Zoning amendments to not result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction. Staff does not anticipate any negative impacts upon the delivery of services to the City nor other political subdivisions providing services in the City. Disclaimer: *The information presented in this document is based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. Report Prepared by: Devin Hillam Community Planning & Economic Development Director dhillam@citvofchubbuck.us Date: February 13, 2020 ATTACHMENTS: 1. Proposed Chapter 18.28 Administration 2. Current Chapter 18.28 Administration Page 4 2/14/2020 PROPOSED VERSION- FOR PUBLIC HEARING W/ LUDC ON 3/10/2020 18.28 ADMINISTRATION 18.28.10: SCOPE; SUMMARY TABLE OF PROCEDURES A. Scope: The administrative procedures set forth in this chapter apply, except as otherwise indicated, to applications or petitions for design review clearance, issuance of conditional use permits, granting of variances, revisions of use districts, and any other amendment of this title or of the city's comprehensive plan. This Chapter does not apply to other specific procedures in other chapters or titles unless specifically listed in said other chapters (i.e., design review, creative community, planned unit developments, plats, etc.). B. Summary Table of Procedures: R= Recommendation; D= Decision; A= Appeals; PH= Public Hearing; PM= Public Meeting PWD= Public Works Director; LUDO= Land Use & Development Commission; CC= City Council Procedure Code Cross- reference Description PWD LUDC CC Conditional Use Permit Generally PH -D PM -A Minor Modification D PM -A PM -A Major Modification PH -D PM -A Variance Generally PH -D PM -A Administrative D PM -A PM -A Comprehensive Plan Amendment (Map or Text) PH -R1 PM -D Title Amendment (Map or Text) & Initial Zoning Designation PH -R1 PM -D Annexation PM -D Requests for Reconsideration PM -D Notes: 1 1. If the Commission recommends a material change to the proposal or if the applicant makes a material change to the proposal other than which was initially presented at the hearing, the Commission shall give notice of its proposed recommendation and conduct another public hearing concerning the matter prior to making a recommendation to the City Council. C. Public Hearing Notice Requirements: Procedure Post on Surrounding Agency/Political Publication in Posted on Notice Site' Property Owner Sub./Utility Official City's Website to Mailingz Notice3 Newspaper and on Notice Media Bulletins as PSA6 Conditional Use Permit- General Yes Yes Yes Yes Yes No Conditional Use Permit- Minor Modification No No No No No No Conditional Use Permit- Major Modification Follow General CUP Process and Requirements Variance- General Yes Yes Yes No No No Variance- Administrative No No No No No No Comprehensive Plan Yes Yes Yes Yes Yes Yes Amendment- Map Comprehensive Plan N/A N/A Yes Yes Yes Yes Amendment- Text Title Amendment- Map Yes Yes Yes Yes Yes No Title Amendment- Text N/A N/A Yes Yes Yes No Annexation (Does not include initial zoning designation) Follow requirements established in Idaho Code 50-222 depending on category of annexation Initial Zoning Designation Yes Yes Yes Yes Yes No Requests for Reconsideration PM -D Notes 1. Post Notice on Site: At least fifteen (15) days before the hearing, signs shall be placed in at least one location on the subject property at a location deemed most visible to the public by the Public Works Director. To increase visibility, the Public Works Director may post more than one sign per project. 2. Surrounding Property Owner Mailing: At least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be sent via USPS to 2 property owners of record per the Bannock County Assessor. Except for Variances, all notices required to be send to surrounding property owners shall be at a radius of at least 300' from the external boundaries of all contiguous lands owned by the applicant or applicants of the subject property for which the permit is sought, and may include any addition land which the Public Works Director deems may be substantially impacted. Notices for variances shall be required to be sent only to adjoining landowners; for purposes of this section, "adjoining" shall mean property owners across the street. When notice is required to two hundred (200) or more property owners or purchasers of record, sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the city at least fifteen (15) calendar days prior to the hearing date, in addition to site posting on all external boundaries of the site. 3. Agency, Political Subdivision, and Utility Notice: Except for variances, at least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be sent via USPS, or via a method otherwise requested by the entity, to the following agencies: Bannock County, City of Pocatello, Pocatello -Chubbuck Auditorium District, Portneuf Library District, School District #25, Pocatello Airport, Fort Hall Irrigation Project, Idaho Fish and Game, Idaho Transportation Department, United States Postal Office, Idaho Public Health District #6, Bannock Transportation Planning Organization, Idaho Power, Cable One, Century Link, Intermountain Gas, and any other entity deemed appropriate by the Public Works Director. Notice of variance application shall only be required to be sent via USPS, or via a method otherwise requested by the entity, to the manager of the Pocatello Airport. 4. Publication in Official Newspaper: At least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be published in the newspaper named in city code chapter 2.24. 5. Posted on City's Website and on Notice Bulletin: At least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be posted on the City's webpage and on the City's public notice bulletin board in City Hall. 3 6. Notice as a PSA: At least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be sent to other papers, radio, and television stations serving the city for use as a public service announcement. 18.28.020: CONDITIONAL USE PERMITS (C.U.P.) PROCEDURES A. Applicability: Conditional or special use permits are those which are not allowed outright within a zone but may be allowed only if certain conditions of approval are satisfied. The purpose of this section is to prescribe the procedure for the accommodation of uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings. This procedure shall apply to all proposals for which a CUP is required by city code. B. Design Review Committee Review to Occur Prior to Making Application: Prior to making application for a CUP, where a design review approval is required by Chapter 18.16 or elsewhere in City Code, the applicant shall first obtain a design review clearance of the project such that the Committee may review and relay technical details of the project as they relate to this or other titles of City code. A design review approval does not constitute approval of the use and the Land Use and Development Commission may attach more stringent requirements upon a CUP than the Design Review Committee. C. General Requirements and Procedures: 1. Authority to Apply: Any person who owns or has a contractual interest in real property governed by this title may apply for a conditional use permit. A conditional use permit is issued to the applicant authorizing applicant to use the property for the use specified in the permit and subject to any conditions imposed upon the use. The Public Works Director may require the submission of special studies related to the social, economic, fiscal, and environmental effects and any aviation hazard as defined in Idaho Code section 21-501(2) along with the application. 2. Complete Applications Due 30 Days before Hearing: Complete applications containing the required information and in the format prescribed by the Public Works Director and all fees as established by resolution of the Council shall be submitted to the Public Works Director at least thirty (30) calendar days before the 4 desired hearing. In the event that an application is deemed incomplete and additional information is required from the applicant, the Director may remove the item from the desired meeting's agenda. 3. Notification Requirements: Notices for the public hearing shall be provided in accordance with section 18.28.10.C. 4. Public Hearing: A public hearing shall be held by the Land Use and Development Commission in accordance with procedures adopted by City Council resolution. At the public hearing, the Commission shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the standards of approval in Section 18.28.020.C.5. 5. Standards for Approving a CUP: A CUP may only be approved if the Land Use and Development Commission makes affirmative findings of fact on each of the following standards: a. The proposed use is conditionally permitted in the subject land use district and complies with all of the applicable provisions of city code unless modified through the conditional use permit process; b. The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. c. The proposed use is compatible with other existing and permitted uses in the general vicinity. d. The proposed use would not place an undue burden on transportation, police and fire protection, water/sewer, schools, police and EMS protections, and other public facilities, or agencies, in the vicinity. e. The proposed use is harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses. f. The proposed use, if it complies with all conditions imposed, will not adversely affect other properties or the environment in the vicinity to a materially greater extent that would uses permitted outright by this Code. 6. Conditions of Approval: It is not the intent of this Section to restrict or specify the design proposed or to specify the exterior detail or design, color, or materials, 5 except as such detail is of such magnitude as to affect the general appearance and compatibility of the development with its surroundings. In order to make affirmative findings relating to the standards established in section 18.28.020.C.5, the Commission may condition approval of the permit on compliance, including but not limited to, the following: a. Conformity to approved plans and specifications; b. Provision of open spaces, pathways, buffer strips, walls, fences, landscaping, and lighting; c. Minimizing adverse impact on other development; d. Controlling the sequence and timing of development; e. Assuring that development is maintained properly; f. Designating the provision of on-site or off-site public facilities or services; g. Requiring more restrictive standards than those generally required by the Code; h. Requiring the mitigation of effects of the proposed development upon service delivery to the property by any political subdivision, including school districts. 7. Requiring Special Studies: Prior to making a decision or as a condition of approval, the Land Use and Development Commission may require the submission of special studies related to the social, economic, fiscal, and environmental effects and any aviation hazard as defined in Idaho Code section 21-501(2). 8. Variance or Waiver to Development Standards Included in Permit: Pursuant to Idaho Code section 67-6512(f), the Land Use and Development Commission may approve, in accordance with notice and approval criteria in Section 18.28.030, a change from required standards located in this Title. The application must specify the changes being requested and address the approval criteria via narrative. When an application contains both requests, only the fee for a conditional use permit shall apply. 9. Effective Date: The decision of the Land Use and Development Commission shall be effective ten (10) calendar days from the date that the findings of fact and conclusions of law is approved by the Chair. 2 10. Application Resubmittal: No application for a conditional use permit that has been denied by the Commission or City Council shall be resubmitted in either the same or substantially same form less than one (1) year from the date of the final action, unless specifically authorized by the granting body during the final action decision. 11. Regulatory Takings: Denial of a CUP or approval of the same with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by Idaho Code section 67-8003, consistent with requirements established thereby. D. Modifications to Approved CUPS 1. Minor: The following are deemed minor and may be administratively approved by the Public Works Director: a. A reduction in residential density that does not exceed twenty-five percent (25%) of the total units; b. A relocation of dwelling units or building pads for some practical reason such as road alignment, topography, access, solar access, or stability in hillside areas; c. A change in phasing plan; d. A modification to the recreation area or open space design, but not including elimination or significant reduction of greater than ten percent (10%); e. An increase or decrease in the proposed setback as long as Code requirements are met; or f. Similar changes as determined by the director; 2. Major: Those items not deemed minor by the public works direction are hereby deemed major and may be approved by the Land Use and Development Commission only after following the notice, fee requirements, and hearing procedures established by this Chapter. E. Regulatory Takings Analysis: Denial of a CUP or approval of a conditional use permit with conditions unacceptable to the landowner may be subject to a regulatory taking analysis provided for by Idaho Code section 67-8003, consistent with the requirements established thereby. 7 F. Term of Approval: Unless a longer time shall be specifically established as a condition or allowance of approval, a conditional use permit shall lapse and become automatically void one (1) calendar year following the date on which such permit became effective, unless prior to expiration, the use has commenced and all conditions of the permit are satisfied. G. Extension: A CUP subject to lapse maybe renewed by the Public Works Director onetime for up to additional two (2) years provided that prior to the expiration date, a written petition is filed at least thirty (30) days prior to lapse with the Public Works Director and that the director finds that none of the following circumstances existing; in the event that the director finds that any of the following exist, the extension request shall be denied and the applicant may appeal through the usual appeals process or may apply for a new conditional use permit: 1. There have been significant amendments to the Comprehensive Plan or Land Use ordinance which will affect the conditional use permit; 2. There have been significant land use changes in the vicinity which would adversely impact the project or which would be adversely impacted by the project; 3. There are hazardous situations which have developed or have been discovered in the area. H. Approval is Non -Transferrable and Runs with the Land: A CUP is non -transferable from one (1) parcel of land to another and shall run with the land and continue to be valid upon a change of ownership of the site or structure, providing however that the new owner complies with the permit. I. Revocation of Permits: CUPs may be revoked by the Public Works Director at any time if it is determined that any condition of the CUP or any other city code is being violated. Prior to revocation, the applicant shall be afforded thirty (30) days after the date of notification of noncompliance/intent to revoke to become compliant. Additionally, prior to revocation, the applicant shall be afforded an opportunity for a hearing before the Council; said hearing must be requested within seven (7) calendar days of receipt of the notice of intent to revoke the conditional use permit. Failure to come into compliance within thirty (30) days of the notification of noncompliance and failure to request such a hearing will result in immediate revocation of the approved CUP and may constitute a violation of this Title. 18.28.030: VARIANCES 0 A. Applicability: A variance shall not be considered a right or special privilege but may be granted upon a determination by the decision making body that the approval criteria as satisfied. A variance pursuant to this Chapter shall not apply to variances as described in Chapter 15.54 Flood Damage Prevention, nor shall it apply to parking requirements. A variance is defined as the modification of the bulk and placement requirements of the Land Use Ordinance as to one (1) or more of the following items only: 1. Minimum lot area (square feet); 2. Minimum lot width and depth; 3. Minimum lot frontage; 4. Minimum front yard setback; 5. Minimum rear yard setback; 6. Minimum side yard setback; 7. Maximum building or structure height; 8. Any other land use ordinance provision affecting the size or shape of a structure or building or the placement of a structure or building upon a lot, or the size of lots. B. General Requirements and Procedures: 1. Authority to Apply: Any person who owns or has a contractual interest in real property governed by this title may apply for a variance. 2. Complete Applications Due 30 Days before Hearing: Complete applications containing the required information and in the format prescribed by the Public Works Director and all fees as established by resolution of the Council shall be submitted to the Public Works Director at least thirty (30) days before the desired hearing. In the event that an application is deemed incomplete and additional information is required from the applicant, the director may remove the item from the desired meeting's agenda until such information is received and the application deemed complete. 3. Notification Requirements: Notices for the public hearing shall be provided in accordance with section 18.28.10.C. 4. Public Hearing: A public hearing shall be held by the Land Use and Development Commission in accordance with procedures adopted by City Council resolution. At the public hearing, the Commission shall receive pertinent evidence concerning the 9 proposal, particularly with respect to the standards of approval in Section 18.28.030.B.5 5. Standards for Approving a Variance; written final decision required: A variance may be only approved if the Land Use and Development Commission makes affirmative written findings of fact on each of the following standards: a. The applicant has taken all reasonable steps to comply with the strict terms of the ordinance from which a variance is requested. b. Granting of the variance is not a right or special privilege. c. Granting of the variance is due to an undue hardship as related to the characteristics of the land, and the applicant has shown that, absent a variance, they would be deprived of rights commonly enjoyed by other properties in the identical zoning district under the terms of the title. d. Granting of the variance is the result of an undue hardship caused by the characteristics of the site and the creation of the hardship did not result from actions of the applicant, or the current, or a prior landowner, or any of their agents. In no event shall any variance be granted merely because compliance would diminish the financial return from use of the land in question or because it would reduce the market value of lands or because compliance with code would be financially costly. e. Granting of the variance does not adversely affect adjacent/nearby property. f. Granting of the variance is not detrimental to the public health, safety, and welfare. 6. Precedents: The granting of a prior variance or referencing property developed under prior regulations is not admissible evidence for the granting of a new variance. Each request for a variance shall be judged on its own facts and circumstances. 7. Effective Date: The decision of the Land Use and Development Commission shall be effective ten (10) calendar days from the date that the findings of fact and conclusions of law is approved by the Chair. 8. Application Resubmittal: No application for a variance that has been denied by the Commission or City Council shall be resubmitted in either the same or substantially 10 same form less than one (1) year from the date of the final action, unless specifically authorized by the granting body. 9. Regulatory Takings Analysis: Denial of a variance or approval of a variance request with conditions not acceptable to the applicant may be subject to a regulatory taking analysis provided for by Idaho Code section 67-8003, consistent with the requirements established thereby. 10. Variance Expiration: Authorization for an approved variance shall be valid for a period of one (1) year from the date of approval. The applicant must initiate implementation of the approved variance through construction within one (1) year from the date of approval. The approval shall become null and void in the event that implementation of the variance and all conditions are not initiated within said one (1) year period. A variance permit that has expired prior to implementation shall not be reestablished without a new variance being approved, unless the permit is otherwise extended under the terms of this Chapter. 11. Time Extension: An applicant who has been granted a variance may request a time extension that does not exceed an additional six (6) month period. A request for a time extension must be submitted in writing at least thirty (30) days prior to the expiration of the approved variance permit. The Director may grant the request provided the applicant demonstrates good cause for the extension of the approved permit. Only one extension may be granted. A denial of a time extension by the Director may be appealed to the Land Use and Development Commission in accordance with section 18.28.070. 12. Administrative Variance: The Director may approve the modification of a setback, building height, lot coverage, or building footprint size requirements of this Title by up to ten percent (10%), subject to the following requirements: a. The applicant must provide written consent from all adjoining property owners of record, signified by the owner's signature on a form provided by the Director; b. The consent form shall clearly describe the nature of the proposed variance request and state that the property owner, by signing the form, is consenting to the variance request; 11 c. If any of the adjoining owners fail to sign the form, then the administrative variance cannot be processed by the Director; and d. If the applicant fails to obtain all of the required signatures, they may at their own discretion, submit a variance application pursuant to this section. 18.28.040: Comprehensive Plan Amendment A. Purpose: The purpose of this section is to establish procedures for amendments to the text and map components of the adopted Comprehensive Plan of the City of Chubbuck. B. Applicability: The provisions of this section shall apply to any Comprehensive Plan amendment application. C. Hearing Requirements and Procedures: 1. Amendment Initiated by the City: The City Council, Land Use and Development Commission, Mayor, or Public Works Director, may propose to amend the Comprehensive Plan. 2. Amendment Initiated by a Property Owner: The applicant shall complete a pre - application conference with the Public Works Director prior to the submittal of a comprehensive plan amendment application, the purpose of which for the potential applicant to discuss their proposal with staff to identify any readily apparent issues with the proposal. 3. Except for map amendments proposed in conjunction with annexation and initial zoning designation applications, application deadlines for amendments to the Comprehensive Plan shall be June 15 and December 15 of every year. 4. Complete applications containing the required information and in the format prescribed by the Public Works Director and all fees as established by resolution of the Council shall be submitted to the Public Works Director. In the event that an application is deemed incomplete and additional information is required from the applicant, the director may remove the item from the desired meeting's agenda until such information is received and the application deemed complete. 5. Amendments Require At Least One (1) Public Hearing: Prior to recommending the adoption, amendment, or repeal of the Comprehensive Plan to the Council, the Land Use and Development Commission shall conduct at least one (1) public hearing in 12 accordance with the resolution of the City Council and with notice provided in accordance with section 18.28.10.C. D. Recommendation to Council and Required Findings: Upon recommendation from the Commission, the Council shall review the recommendation and the record at a public meeting; at their discretion, the Council may call for a public hearing to be held and the applicant shall be responsible to all costs of providing notice. The Council may approve a Comprehensive Plan amendment based on the following criteria: 1. The proposed change is required for the public convenience or necessity, or the general welfare of the community, and is in the community's best interest; 2. The proposed change is needed to recognize substantial changes in the actual conditions of the area or City that have occurred since the Comprehensive Plan was adopted, or is necessary to correct one or more goals, objectives, or policies that exist in the plan; 3. The proposed change will comply with the community's goals, objectives, and policies within the Comprehensive Plan, including its maps. 4. The proposed change will not place undue burden on transportation or other public facilities in the planning area, and does not adversely impact the delivery of services by any political subdivision. E. Approval by Resolution: A Comprehensive Plan amendment shall become effective when enacted by resolution by the Council. 18.28.050: Title Text and Map Amendments & Initial Zoning Designation A. Applicability: The purpose of this section is to provide a process for amending the text of the zoning ordinance and/or the zoning district map, or other portions of city code deemed by the City Attorney to fall under the regulatory purview of the Local Land Use Planning Act of the State of Idaho, Chapter 65, Title 67. B. General Requirements and Procedures 1. Initiation of an Amendment a. Amendment Initiated by the City: The City Council, Land Use and Development Commission, Mayor, or Public Works Director, may initiate a request to amend the text of this title or to amend the zoning district map. 13 b. Amendment Initiated by a Property Owner: An owner of private property within the City of Chubbuck or their duly authorized representative, may initiate a request to amend the text of this title or to amend the zoning district map by submitting an application to the Public Works Director. 2. Complete Applications Due 30 Days before Hearing: Complete applications containing the required information and in the format prescribed by the Public Works Director and all fees as established by resolution of the Council shall be submitted to the Public Works Director at least thirty (30) days before the desired hearing. In the event that an application is deemed incomplete and additional information is required from the applicant, the director may remove the item from the desired meeting's agenda. 3. City May Require Conceptual Development Plan: When not accompanied by a plat or other use permit, the City may require a conceptual development plan that depicts streets, site access, internal circulation patterns, connectivity to adjacent properties, general locations of buildings, land uses and parking, pedestrian walkways, and private/public open space. 4. Notification Requirements: Notices for the public hearing shall be provided in accordance with section 18.28.10.C. 5. Public Hearing: A public hearing shall be held by the Land Use and Development Commission in accordance with procedures adopted by City Council resolution. At the public hearing, the Commission shall receive pertinent evidence concerning the proposal, particularly with respect to the standards of approval in Section 18.28.050.13.8 6. Recommendation: After considering the petition, facts, testimony, and the review criteria found in section 18.28.050.B.8, the Commission shall make a recommendation to the City Council on whether to approve without or with conditions, deny, or modify an amendment request. Following the commission hearing, if the commission recommends a material change to the proposed amendment which was considered at the hearing, it shall give notice of its proposed recommendation and conduct another public hearing concerning the matter if the 14 council will not conduct a subsequent public hearing concerning the proposed amendment. 7. Council Review of Recommendation: Following receipt of the Commission's recommendation, the Council shall hold a meeting to consider the request and the recommendation of the Commission and shall render a decision. Since a public hearing was held on the application by the Commission, a public hearing with Council shall not be required however, affected persons may petition the Council in writing to hold a public hearing. The decision as to whether or not to hold a hearing shall be at the discretion of the Mayor after discussing the petition with the City's legal counsel, the Council President, and the Public Works Director. In those instances where a hearing is held, notice shall be given pursuant to requirements of Idaho Code section 67-6511 and the applicant shall be responsible for the costs associated with additional notices. As a requirement for consideration and action, any written petition by an affected person for a hearing shall be submitted to the Public Works Director not less than seven (7) calendar days prior to the Council meeting in which the application will be reviewed in order for the petition to be considered. Any petition not submitted in a timely manner shall be barred from consideration. Petitions shall include the names and addresses of the petitioners and a narrative describing the petitioner's concerns with the application as they specifically pertain to the review criteria as found in subsection 8 of this section and describing how the proposal affects their interests. 8. Standards for Approving a Title Text or Map Amendment: A title amendment may be only recommended for approval by the Land Use and Development Commission, and approved by the City Council, if affirmative written findings of fact are made on each of the following standards; concurring findings between the two bodies are not necessary in order for the Council to approve, approve with conditions, or deny an application: a. Map Amendment: 1. The proposed amendment would be in the community's best interest; 15 2. The list of uses permitted by the land use ordinance would blend with surrounding land uses; 3. The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district; 4. The uses permitted in the proposed zoning district would be adequately served by public facilities and services 5. The proposed amendment would be adequately served by transportation routes, police and fire protection, water/sewer, schools, police and EMS protections, and other public facilities, or agencies, to serve the public health, safety, and general welfare; 6. The uses permitted in the proposed zoning district would be compatible in terms of their scale, mass, coverage, density, and intensity with adjacent land uses; and 7. The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. The Commission and Council shall have discretion in interpreting exact boundary locations of the future land use map designations when considering map amendment requests. a. Text Amendment: 1. The proposed text amendment would be in the community's best interest; 2. The proposed text amendment is consistent with the existing provisions of the zoning ordinance; and 3. The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan and furthers them more than the adopted zoning text. C. Approval by Ordinance: Zoning ordinance amendments, text or map, shall become effective when the Council adopts an ordinance amending the Title and upon summary publication. D. Rezoning of Land Previously Rezoned within Past Four Years Requires Landowner Signature: If the city council adopts a zoning classification pursuant to a request by a 16 property owner that is consistent with the adopted comprehensive plan, the council shall not subsequently reverse its action or otherwise change the zoning classification of said property without the consent in writing of the current property owner for a period of four (4) years from the date of adoption of said individual property owner's request for a zoning district classification change, per Idaho Code section 67-6511(d). E. Regulatory Takings Analysis: An amendment of a zoning ordinance applicable to an owner's lands or approval of conditional rezoning or denial of a request for rezoning may be subject to a regulatory taking analysis provided for by Idaho Code section 67-8003, consistent with the requirements established thereby. F. Zoning Development Agreements: 1. Purpose: A zoning development agreement (agreement) is a discretionary tool to be used by the Land Use and Development Commission and the City Council. Zoning development agreements allow a change in a zoning for a specific project, with a specific use, to be developed in an area which may not be appropriate for all uses permitted outright or conditionally within the proposed zone. Approval of the agreement, pursuant to this section, would permit the proposed use, with conditions, within the proposed zone. 2. Zoning Development Agreement Designation: Lands approved for a change in zoning with zoning development agreements shall be designated by a "(ZDA)" (zoning development agreement) on the map following the official zoning designation (e.g., R-1(ZDA), R-2(ZDA), C-1(ZDA), PUD(ZDA), etc.). Designation of property as (ZDA) shall not constitute "spot zoning" nor shall be it presumptive proof that the zoning of other property adjacent to or in the vicinity of the ZDA property should be zoned the same. 3. When Permitted or Required: An zoning development agreement may be permitted or required at the discretion of the Commission or Council when considering a request for a rezone. An agreement, when permitted or required, shall be initiated through one of the following methods: a. On request by the developer; b. On recommendation of the Public Works Director; c. As required by the Commission or Council. 17 1. The Commission or Council may require that an agreement be executed prior to allowing a particular project to proceed. An agreement may be formulated when approval of the rezone would permit uses within that zone which may not be appropriate to the area, but the subject project presented may have value to the community which could otherwise be allowed through the use of an agreement. 4. Creation and Form: In the event that a zoning development agreement is deemed necessary by the Commission or Council, the developer or owner shall prepare and execute an agreement with the City that shall be reviewed and approved for form by the City Attorney prior to final Council action. The agreement shall contain the provisions set out below, and once executed by the developer/owner, shall be presented to Council for its approval, and then recorded with the County Clerk. Minimum provisions shall include: a. Legal description of the subject property; b. An affidavit by the owner of the property agreeing to the submission of the use and property for an agreement; c. A concept plan for the property including, but not limited to preliminary site plans, elevation plans, density, and other pertinent exhibits; d. Construction schedule, including projected occupancy date. e. Provisions for any reservation or dedication of land; f. The duration of the agreement; and g. A provisions that the owner/developer acknowledges and agrees that failure to comply with the terms of the agreement shall result in a rezoning of the real property to the zoning district existing immediately prior to the execution of the agreement or, in the case of the pre-existing zone being an initial zone at annexation, a zone deemed appropriate by the Commission and Council. 18 h. A provision specifying that the agreement and all conditions, terms, duties, and obligations included in said agreement shall be an encumbrance on the real property and shall run with the land. i. Any other matter required by the City Council. 18.28.060: ANNEXATIONS A. Applicability: This section implements the expressed policy of the State of Idaho that cities of the State should be able to annex lands which are reasonably necessary to assure the orderly development of Idaho's cities in order to allow efficient and economically viable provision of tax -supported and fee -supported municipal services, to enable the orderly development of private lands which benefit from the cost-effective availability of municipal services in urbanizing areas, and to equitably allocate the costs of public services in management of development on the urban fringe. The corporate boundary of the City may be expanded whenever the Council deems it to be for public convenience or necessity or for the general welfare. This section shall apply to all lands which are allowed to annex by State law in accordance with its procedures. B. Prior Consent: For purposes of this section, prior consent to annex shall be deemed given when evidenced by written authorization or approval executed by the owner or owner's authorized agent. Consent shall be implied for the area of all lands connected to water or wastewater systems operated by the City if the connection was requested in writing by the owner, or the owner's authorized agent, or completed before July 1, 2008 and for lands subject to a written consent to annex recorded in the County Recorder's office. Written consent to annex, if recorded in the County Recorder's office, shall be binding upon subsequent purchasers, heirs, or assigns of lands in the consent. Lands need not be contiguous or adjacent to the city limits at the time the landowner consents to annexation for the property to be subject to a valid consent to annex; provided however, no annexation of lands shall occur, irrespective of consent, until such land becomes contiguous or adjacent to the city limits. C. Approval by Ordinance: Annexations shall become effective when the Council adopts an ordinance and upon summary publication. 19 D. Annexation or Written Consent to Annex Required before Providing City Facilities and Services: Prior to providing municipal facilities or services, the City will require annexation of those eligible properties and if not eligible, written annexation consents to be recorded with the County Recorder's office. E. Application: A request for the annexation of property into the City may be initiated as outlined in Idaho Code title 50, chapter 2. In the case of non -City initiated annexations, an annexation application shall be filed and include all information required by the Director and fees as required resolution adopted by the Council, along with any other information required by the same chapter of Idaho Code. All annexation applications shall be accompanied by a separate application for an initial zoning designation pursuant to the requirements of section 18.28.050; the City Council shall not review an annexation application until it has received an initial zoning designation recommendation from the Commission. F. Annexation Classifications, Notice, and Procedure: In accordance with Idaho Code section 50-222, three (3) annexations classifications have been established based on the size of the area considered for annexation, the property's contiguity to the City, level of private landowner consent, and sometimes due to health-related considerations. Annexation of all lands shall following the applicable notice and procedures required by Idaho Code. G. Standards for Approving Annexations: a. Standards for Approving an Annexation: Annexation may be approved by the City Council if affirmative written findings of fact are made on each of the following standards: 1. The land is contiguous or adjacent to the City boundary; 2. All portions of highways, streets, or roadways lying wholly or partially within an area to be annexed shall be included within the area requested for annexation unless expressly agreed between the City and the County. 3. The annexation meets the requirements for its Annexation Classification; 4. Annexation of the land is in the best interest of the City (i.e., income generated by property taxes will exceed long-term costs associated 20 with maintenance and provision of services and facilities; the advantages both to the City and to the area outweigh the disadvantages; if previously developed, the area has the opportunity to redeveloped or to develop at higher densities; if expenses required exceed property tax income, the residents and/or Council agree to form a local improvement district; annexation is equitable and fair to existing residents; annexation would address a public health concern); 5. The land is able to be served currently, or within a reasonable time, by essential urban services. 6. A zoning district will be assigned via ordinance at the same time, or immediately following, the annexation approval. 18.28.070: APPEAL OF ADMINISTRATIVE DECISION A. Written appeals of the Public Works Director's decisions as authorized by this Title may be filed by the applicant or any affected person having a bona fide interest in real property as defined in Idaho Code section 67-6521. The appeal petition must be submitted within ten (10) days of the Director's final decision and contain a description of the grievance as it pertains to the specific standards for approval. The appeal shall be heard within a reasonable time by the Land Use and Development Commission to review the decision of the Director and to hear testimony of the appellant and applicant (if different from appellant). The Commission shall determine whether to remand, uphold, modify, or overturn the decision of the Director, including whether to remove or add conditions. A decision of the Commission may be appealed to the City Council in accordance with section 18.28.080. 18.28.080: APPEAL OF LAND USE AND DEVELOPMENT COMMISSION DECISION A. Written appeals of the Land Use and Development Commission's decisions, not recommendations, may be filed by the applicant or any affected person having a bona fide interest in real property as defined in Idaho Code section 67-6521. The appeal petition must be submitted within ten (10) days of the Chair's approval of the written final decision, contain a description of the grievance as it pertains to the specific standards for approval. The appeal shall be heard within a reasonable time by the City Council to review the 21 decision of the Commission and to hear testimony of the appellant and applicant (if different from appellant). The Council shall determine whether to uphold, modify, or overturn the decision of the Commission, including whether to remove or add conditions. 18.28.090: REQUESTS FOR RECONSIDERATION A. Purpose: The purpose of this section is to minimize the number of court appeals, to prevent new information from being presented, and to resolve disputes in accordance with Idaho Code section 67-6535 which requires that any applicant or affected person seeking judicial review of a final decision must first seek reconsideration. B. Applicability: Requests for reconsideration of City Council decisions shall apply to all final decisions rendered by the City Council. C. Requests Due Fourteen (14) Days from Final Decision: Written requests identifying specific deficiencies in the decision for which reconsideration is sought must be submitted to the City Clerk within fourteen (14) days from the date of the final decision. Such D. Procedure: Upon reconsideration, the City Council may affirm, reverse, or modify the decision in writing within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. A decision shall not be deemed final for purposes of judicial review unless or until the procedures of this section have been followed. The twenty-eight (28) day time frame for seeking judicial review is tolled from the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, which occurs first. 22 CHUBBUCK 1 0 A H 0 Community Services Department Planning Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us LINDEN APARTMENTS APPLICATION FOR A CONDITIONAL USE PERMIT - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON APRIL 13, 2021 SUMMARY DESCRIPTION: An application for a Conditional Use Permit to build 4-plex apartments on approximately 2.05 acres of land under application for approval in the General Commercial (C-2) zone (currently in the Limited Residential (R-2) zone). Subject property is in the NW 1/4 of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 251 W. Linden, Chubbuck„ Idaho. Type of Action: Decision. STAFF FINDINGS: After reviewing the application and related materials, staff finds that it likely meets the standards established by the City for a Conditional Use Permit (CUP). • All residential land uses, including 4-plexes, are conditionally permitted in the General Commercial (C-2) zone. o The LUDC recommended approval of the zone change from Limited Residential (R-2) to C- 2 at its regular meeting on March 11, 2021. The City Council will hear the zone change application on April 7, 2021, after the date of this report. • The Design Review Committee has reviewed the site plan and requested revisions from the developer; the committee's recommendations are reflected in the site plan with this report. o The committee directly reviews and approves such details as parking, landscaping, access, utility services, and sanitation. o The Land Use and Development Commission may approve other or more stringent conditions on the proposal. • The applicant has met City Code requirements to be heard for a CUP. • City staff and the applicant's representative have communicated directly with neighbors about the proposed use, access, irrigation, and potential design features. • Staff recommends approval of the proposal, with the following conditions: o Locate irrigation ditch on Linden outside right-of-way, and coordinate construction schedule and design with Fort Hall Irrigation and affected property owners. o Install and maintain privacy fence on the eastern property line. Code 18.12.040 permits up to 8' fences for special concerns. Staff recommends a fence of at least 7'. o Install and maintain enhanced landscaping on eastern property line to improve privacy and reduce impacts to horses in adjoining pasture. Recommend small tree species between buildings and property line. Final landscape plan to include trees that are horse friendly. o Require enhanced architectural features, contrasting color schemes throughout, at least one window treatment for each unit, and one other enhancement chosen by the Linden Apartments CUP developer, such as enhanced corners (pop -outs, embellishments, etc.) or additional window treatments. Ensure layout will accommodate turn arounds for sanitation and fire trucks and school buses. FACTS BACKGROUND: The site, which includes 3 narrow parcels, is currently overgrown with trees which will be removed for development, and landscaping will be put in place. The pavement on Linden Avenue narrows considerably from Yellowstone Avenue to the west, especially for the last 400 feet. The plat improvements (a future action by the Commission and Council) will address the street and other off-site improvements. Developments are required only to improve the street adjacent to the site. 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 criteria and standards for approval per sections 18.28.040 and 18.28.050 of City Code). The Commission may approve with or without conditions, may table a decision, or may deny the application. APPLICABLE LAWS AND PLANS: 1. Idaho Statutes §67-6512: Special Use Permits, Conditions, and Procedures 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code Title 18: Land Use, particularly: a. Chapter 18.08: Land Use Districts and General Controls b. Chapter 18.12: Supplemental Controls APPLICANT: OWNER: PROFESSIONAL SERVICES: Kent Morris 985 Dry Canyon Rd. McCammon, ID 83250 Margaret Christensen 24 S 200 E Blackfoot, ID 83221 HLE 800 W Judicial Blackfoot, ID 83221 LOCATION: The site is in the NW 1/4 of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 251 W. Linden, Chubbuck, ID. • The proposal lies within the Bonniebrae Acres subdivision, platted in 1929. • The site includes Bannock County parcel numbers RCBBA005800, RCBBA005700, and RCBBA005500. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Limited Residential (R-2), under application for General Commercial (C-2) PROJECT SIZE: ±2.05 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: House and outbuildings; lot is overgrown with trees RECENT TRAFFIC COUNTS: 2020: Yellowstone Ave north of Linden, 19,472/day 2019: Yellowstone Ave south of Linden, 21,178/day PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us I D A H O Linden Apartments CUP SURROUNDING LAND USES AND ZONING NORTH: Residential property with pasture; Limited Residential (R-2) EAST: Residential property with pasture; Limited Residential (R-2) SOUTH: Vacant; General Commercial; C-2) WEST: Vacant, General Commercial; C-2) SERVICES: ACCESS STREET: W Linden Ave via Yellowstone Ave. Afton Place does not yet connect through to Chubbuck Rd or Knudsen Blvd. Long range plan is for Linden to connect to a north -south collector farther west. FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck, services at site in Linden Ave CULINARY WATER SERVICE: City of Chubbuck, main at site via Linden Ave PROCEDURES: 1. In accordance with City Code 18.28.020 and Resolution 2020-03, a complete petition and fees for a Conditional Use Permit were filed with the City at least 29 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.20, the application is scheduled to be heard at the April 13, 2021 Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In accordance with City Code 18.28.020 and Idaho Statute 67-6512, 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 owners of property within a 300 ft. radius of the site at least 7 days prior to the hearing; and d. Notices posted prominently at the City office and website 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. PUBLIC COMMENTS: Two written comments were received as of this report (see Exhibit 7). POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report. STANDARDS FOR REVIEWING A CONDITIONAL USE PERMIT The following code regarding CUPs should be used in evaluating and weighing the application: 18.28.040 C. Criteria and Standards: The following criteria and standards shall be applied in determining whether to grant or deny any application under the terms of this title for a conditional use permit, and in considering and defining the conditions (if any) to be imposed upon a conditional use permit granted hereunder: 1. The use for which such permit is sought must not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us I D A H O Linden Apartments CUP Analysis: The project will clean up the lot and provide additional housing for the city and region. The neighborhood includes older residential homes businesses, and storage units. As presented there is likely no evidence that the use for which the permit is sought would be injurious to the neighborhood nor public health, safety, or welfare. 2. The permit sought shall not produce an adverse impact on the economic values of adjacent properties. Analysis: Staff is not aware of any negative economic impact to adjacent properties caused by the proposed use. The redevelopment will bring improvements to the street. The design is in consideration of neighboring residential properties. The permit sought shall not produce a negative impact on transportation facilities, public utilities, schools, public parks or the natural environment any greater than had the strict terms of this title been satisfied. Analysis: The evidence suggests that the negative impact on transportation facilities, public utilities, schools, public parks or the natural environment would be no greater than if the strict terms were satisfied. The access to the facility will be from Linden via Yellowstone. A future connection to Knudsen and Chubbuck Roads is included in the Comprehensive Plan. Account shall be taken of noise and traffic conditions in the vicinity of the land for which the permit is sought. Analysis The trips per day could be less than other allowed General Commercial (C-2) uses of the site. The long range plan is for Linden to connect to a north -south collector farther west that runs between Knudsen and Chubbuck. Concerns have been raised about the capacity of Linden under current conditions — these will be addressed in the platting phase of the development. Account shall be taken of the character and use of the buildings and land adjoining and in the vicinity of the property for which the permit is sought, together with the number of persons residing or working in such buildings or upon said land; and the permit, if granted, shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape of said land. Analysis: The building elevations are aesthetically pleasing and will complement the surrounding uses, including nearby commercial properties. Developer is willing to work on the design to mitigate impacts to neighbors. Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands. Analysis: The building elevations are aesthetically pleasing and will complement the surrounding neighborhood. Homes on neighboring lots are not directly adjacent. Account shall be taken of the support or opposition expressed by the persons entitled to receive notice of the conditional use permit application. Analysis: The closest neighbors have been in communication with city staff and the developer's representative with questions. Two neighbors have submitted a letter with concerns (see Exhibit 7), including: Street conditions and traffic Irrigation facilities Privacy fencing PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us I D A H O Linden Apartments CUP • Landscaping • Building height and aesthetics The applicant shall show that he has taken all reasonable steps to comply with the strict terms of this title. If the applicant can show that the uses "allowed" under this title are not feasible, such showing shall support an application for a conditional use permit. Analysis: Applicant has worked with the Design Review Committee to meet city standards on the site design. Multifamily residences are conditionally permitted in the C-2 zone. Commercial uses on the site are less feasible at this time; while the property is visible from Knudsen Blvd, access is from Linden via Yellowstone and the site is not visible from Yellowstone. 9. Adverse impact on other development within the city shall be minimized as far as possible. Analysis: There is likely no evidence of impact on other development in the city. There is a need for more housing in the region — additional residents to Chubbuck can bring benefits to local businesses. 10. The sequence and timing of any development conditionally permitted hereunder may be controlled as appropriate. Analysis: There is likely no need to control the sequence and timing of the project. The applicant will yet need to complete the platting process before building — platting and the CUP both include time limits in code. There is some concern among neighbors about the timing of construction and its effect on the irrigation ditch in Linden Ave. 11. The duration of any development conditionally permitted hereunder may be controlled. Analysis: Because these are permanent buildings with little potential to change their use there should be no reason to control the duration of the development. 12. Any permit granted hereunder may contain provisions for assuring that the development is maintained properly. Analysis: Applicant intends to have a homeowner's association to provide for appearance and maintenance of property and buildings. 13. Any permit granted hereunder may designate the exact location and nature of the permitted development. Analysis: The applicant will be required to meet all codes for building, site, landscaping, access, storm water and site development, as well as conditions placed by the Design Review Committee. 14. Any permit granted hereunder may require the provisions for on site or off site public facilities or service. Analysis: Staff does not find that any additional public facilities or service other than the standard are likely needed. 15. Any permit granted hereunder may require more restrictive standards than those otherwise required by this title. Analysis: Staff does not find that stricter standards would need to be met as it will have required landscaping and meet applicable standards. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us I D A H O Linden Apartments CUP 16. Notwithstanding the time deadlines established elsewhere in this title for processing applications, the city council may, if it deems such action necessary, require studies of the social, economic, fiscal and environmental effects of the proposed conditional use prior to the granting or denying of the application therefor, and the applicable time deadline shall be extended accordingly. (Ord. 320 § 1, 1989: Ord. 246 § 2, 1983: Ord. 241 § 7-4, 1983) Analysis: Staff does not find likely cause for additional studies to be required. 18.28.050: CONSISTENCY WITH COMPREHENSIVE PLAN: No variance shall be granted, nor any conditional use permit issued, nor any revision to this title adopted, unless such action is consistent with the city's comprehensive plan. STAFF RECOMMENDATION Staff recommends approval of the proposal, with the following conditions: • Locate irrigation ditch on Linden outside right-of-way, and coordinate construction schedule and design with Fort Hall Irrigation and affected property owners. • Install and maintain privacy fence on the eastern property line. Code 18.12.040 permits up to 8' fences for special concerns. Staff recommends a fence of at least 7'. "E. Fences: Except where screen or buffer fences are otherwise required or authorized by this title, a fence shall not exceed seven feet (7') in height; however, the building official, building inspector or a designee of either of them may authorize a fence height of up to eight feet (8') based on a consideration of these factors: Security need. Type of commercial use bordering residential or residentially zoned area. Aesthetics. 4. Surrounding property uses. 5. Fences in immediate area." Install and maintain enhanced landscaping on eastern property line to improve privacy and reduce impacts to horses in adjoining pasture. Recommend small tree species between buildings and property line. Final landscape plan to include trees that are horse friendly. Since the development is under a CUP and in the city's commercial core, some enhanced architectural features should be required. The recent PUD ordinance provides a list of recommendations and requires contrasting color schemes and window treatments (pop -outs, wood trim, shutters, plant shelves, etc.). Other enhancements may include enhanced corners (pop -outs, embellishments, etc.) or additional window treatments to include more windows. Ensure layout will accommodate turn arounds for sanitation and fire trucks and school buses. EXAMPLE MOTIONS APPROVAL (WITH CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve the Conditional Use Permit as described in the application materials with the following conditions: PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 0 H 0 Linden Apartments CUP ........... (if found necessary by LUDC). APPROVAL (WITHOUT CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve the Conditional Use Permit as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Conditional Use Permit request are not satisfied, I move to deny the Conditional Use Permit request as described in the application materials. I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET] REPORT: Don Matson, Planning Manager dmatson@cityofchubbuck.us (208) 239-3252 DATE: April 6, 2021 Staff comments in this report are based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. EXHIBITS 1. Reference Map — Linden Apartments 2. Application Materials a. Site Plan b. Additional Information c. Copy of Purchase and Sale Agreement on file w/staff 3. CUP Questionnaire 4. Current Zoning Map 5. Comprehensive Plan a. Future Land Use Map and Functional Road Classification System b. Policies Relevant to the Application 6. Evidence of Notice a. Mailing List and 300' Notification Area b. Site Postings c. Copies of notices on file w/staff 7. Public Comment a. John W. Aller b. Jeff R. Cobbley PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us I D A H O Linden Apartments CUP Exhibit 1: Reference Map - Linden Apartments - , ,circle inn ; , El z ,l .. 1 16 17Q� AL, � .-i��IJY�-77�iY>•YY�C�LL�t>t �Y.�L ��Ilit� 11 1eY a �R�la t Subject Property City of Chubbuck Land Use Application 0 CONDITIONAL USE PERMIT ❑ CHANGE OF LAND USE DISTRICT ❑ VARIANCE ❑ ANNEXATION & ZONING ❑ COMPREHENSIVE PLAN CHANGE ❑ City Official: Linden Apartments CUP Exhibit 2: Application Materials , C"HUBBUCK 1 0 A H 0 Date: ❑ / ❑ / ❑ For the Land Use Meeting of': 0 3 /M10/2 1 Application Deadline: [0 2 /I I /2 I 7:00 PM t I Name of : Applicant: Mailing Address: Kent Morris Phone: 208-339-1132 985 Dry Canyon Rd., McCammon, Idaho 83250 Email Address: k.morris32@yahoo.com 2. Filing fee of $ Plus $ for: Total: $ ❑ ($1.50 per notification mail -outs for Conditional Use Permits.), owners and occupants. ❑ ($3.00 per notification mail -outs for annexations, zone changes.), owners and occupants. Paid to the City Clerk on: , 20 Initials _ Receipt # 3. Project location: 241 W. Linden Ave., Chubbuck, Idaho 83202 4. Existing Land Use District: R-2 Limited Residential 5. Describe Proposal. Rezone land to C-1 then get conditional use permit for R-4 type of 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. Yej— 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 e-mailed or on jump drive as much as possible. ❑ Please attach a legal description of the property. ❑ Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 sets.) ❑ Business License Application ❑ Other Assessments or Studies: STANDARDS FOR ILLUSTRATIVE DRAWINGS: The intent of these standards is to produce drawings when required or necessary 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 1-81/2" x I V reduction of 18" x 24" drawing Scale: Site plan 1:20 minimum Floor plan 1/4" = V- 0" minimum Revised: 5-9-2019, PB7 3 I I I I 4'x4' Irrigation 1n access box � IIII I III I rn Existing culvert line I W O 3 OD N O O _ N N U) Cl) 3 0 O _ M � M 3 `n I Existing culvert line � III N 4'X4' Irrigptio access box with rate flush to idewalk 3 I y w I Existing N culvert line I I� S 0100,39"W Ditch buried and piped through 18" line PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 10, T. 6 S., R. 34 E. B.M. BANNOCK COUNTY, IDAHO Double container ga rbage enclosure W O SS- N SS SSO❑ SS SS SS — 71 1 7: � O N � N L6 a a a a a a c0 LL 11 4'X4' Irrigation access Storm water retention box with grate flush to sidewalk W W W- -SS SS o 0 N j 12'x26'2 unit garbage location. OD a N a OR k V S 0'00'39"W 17 129.47'1 O 0 N a a �Q 20' wide Public utility easement Linden Apartments CUP Edge of 10' public E utilities easement. N S O N Ur � z�°°� Nnw N O c R Recreational z CV SCALE 1"=20 (22X34) W mM o space. SCALE 1"=40' (11X17) O❑ Lia -In Z -1 N 4'x4' Irrigation access (b W,� O Il c box with grate flush to QL9L U o sidewalk S0°0013911W 370.03' Q a � E o F M ai Q >� Green space ] W 0 d M NaY�0 V � J f V)�J >_ a o o U F ro (0 0 I N, le OQ a a a a a a to Double container ga rbage enclosure W O SS- N SS SSO❑ SS SS SS — 71 1 7: � O N � N L6 a a a a a a c0 LL 11 4'X4' Irrigation access Storm water retention box with grate flush to sidewalk W W W- -SS SS o 0 N j 12'x26'2 unit garbage location. OD a N a OR k V S 0'00'39"W 17 129.47'1 O 0 N a a �Q 20' wide Public utility easement Linden Apartments CUP N O 'JOB NO: 2021-012 ' DATE: MARCH 032021 Storm water retention (D z j J W W LU � J r ' a ' to H � W Q J z o z LO SHEET No. 1 i Exhibit 2a: Site Plan E Z�0 N S O N Ur � z�°°� Nnw N O c R W z SCALE 1"=20 (22X34) W mM o SCALE 1"=40' (11X17) Z Z o 9 y Lia -In Z -1 N = W,� O Il c QL9L U Z Q a � E o F M ai Q > Green space ] W 0 d NaY�0 V � J f V)�J >_ a o o U F ro (0 0 N O 'JOB NO: 2021-012 ' DATE: MARCH 032021 Storm water retention (D z j J W W LU � J r ' a ' to H � W Q J z o z LO SHEET No. 1 i Linden Aaartments CUP PART OF THE NE 1/4 OF THE NW 1/4 OF Exhibit 2b: Additional Information SECTION 10, T. 6 S., R. 34 E. B.M. Preliminaty Landscape Plan W BANNOCK COUNTY, IDAHO <� SCALE 1 "=20' (22X34) SCALE 1" 40' (11X17) a a ? m I m F f m ti ane eatlonal � •. � .. Green apace � F S 1294)' � 60'0038"W 310.03' 1400A yy �•w,�^ —y f W I� C'J I. :�7i I I • . tV r . I e N O . i i I• ,• • I I• N at AW • . . . . ` r " I !•' s I. W OO—W W�1Y W W W W W 4Y I' _ r qN N N I t L6 5 N99 99-4-66 65 66'--S6 56 35 96---68—�, — — — I I ( i 1 . �r N � reV 1 I 71 0V 3tprm water retention O — 12%26 2 unit Q Barb.g. Wntl.n n Ditch burled and piped through 18' Ilno 1 I. 'F-----\. I' Storm aster retenticn a � i � K I♦ ♦ n a V �2z ya(cc y •♦ • aY J O — 12%26 2 unit Q Barb.g. Wntl.n n Ditch burled and piped through 18' Ilno 1 Existing Buildings LEGEND X Fence line 9 Plan Satelite Image Plan view. All existing buildings will be removed. I « V PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 10, T. 6 S., R. 34 E. B.M. BANNOCK COUNTY, IDAHO f 4,ft t Building, Remnants Property boundary RECORDER'S CERTIFICATE Tree Height Satelite Image Angled view. Trees will be removed as needed for off street parking, new buildings, and other developed structures. Color Scheme Sample Developer intends buildings to have a similar color scheme to previously constructed building shown below. Ar �F �1 i L-.Wf Linden Apartments CUP LXMbj C 1p: Additional Intorm� rl_� r~ CE HLE CGS C4N(p JOB NO: 2021-012 DATE: February 17, 2021 >-LO00CD REVISIONS l7W�3 z>��-� N W C:)I o 0 z,(!t �Q©� u� z�l ui -o oLL W�iLL c 4 P 2 � z �F- 0) E d o F. M dj V WF. w S= CA aj -i6� to JQ'UV) U�-) N Q Y '-o T - t1 o C J F. J w > Q r o a v 00 o N U E F (� 0 U O:E } IL Gi DRAWN BY DESIGN BY CHECK BY CE HLE CGS JOB NO: 2021-012 DATE: February 17, 2021 REVISIONS DATE W W U) W J O J LU Q H Z O (f) W Z � J LUJ SHEET NO. 1 2 O om = w o M > z U) O cfl U H Y U o O z U z LU Q U) m 1 OF SHEETS / Vol V �II Linden Apartments CUP Exhibit 2b: Additional Information u ��u II ®I I I® II II 1 1 I 4 1 II ALL ATTIC VENTS & EXHAUST II 4 4 II PIPES ON BACK SIDE ONLY II ® I I I ® II II o I f I I II II o o � o II II r�rTTi� I II II F� II I��'/JJJI b �� 4:12 I II/ 4:12 a`�� a !/I✓/I✓J ii ED / / /'. Q ID �x rr _______x_—_---__ REAR ELEVATIONS �: Ire' -r v ials am I IL 111 JL 11111 L IW J L IWJ L ILLI)FILL! JLILIJJ JLILUAL JL U -I1 J1 LI -LL J1 LI_O JI LLUJI LL LAI L L 01115 120-0 5 S 5:12 ____________________________in. rl nw sxrnrxlxr.. 111'-11111' S/�8' - sm"z genas T SS HN MILL K. b lag l0 3 -8 - BUILDING 9 BUILDING ELEVATIONS (BOTH SIDE SIMILAR) srwa/e-r-v xa v..I�-1a Ibls 5:12 ROOF PLAN VERIFY ALL MATERIALS, AND FLASHING REQUIREMENTS AND MECHANICAL PENETRATIONS II�I I �i«nw �nl_ 11 X011 r01.. FRONT ELEVATION ruE liry r 2x[ Ire' -1'-C 15nf E �� so UU. QN�< �JE v In fl EQ sm O �9 Oo CONSULTANT: STAMP: � IofccN�n�T SfATE OF 0)910 PROJECT: 4a a ROOM � LOT BR ORIYE N P PO ATELLO, ID DRAWING TITLE: ROOF PLAN / EXTERIOR ELEVALONS AND NOTES m/o5/2o2a A.6 Conditional Use Permit Linden Apartments CUP Exhibit 3: CUP Questionnaire CHUBBUCK 1 0 A H 0 1. Describe how this application will be beneficial to the neighborhood or otherwise foster public health, safety or welfare. Cleans up existing lot and provides housing. 2. How will this Application produce a positive impact on transportation facilities, public utilities, public parks or the natural environment? Development of subdivision will require development of connected Linden Avenue which will improve overall quality of road. 3. What account has been taken of noise and traffic conditions in the vicinity of the land for which the application is sought? For commercial zoning added traffic and noise should be of negligible effect. 4. What account has been taken of the character and use of the buildings and land adjoining and in the vicinity of the property for which the permit is sought, together with the number of persons residing or working in such buildings or upon said land? How is the proposed development compatible? Dense housing building should not significantly conflict with surrounding buildings. 1 of 3 Revised 1-25-2017 PBA Questionnaire Kent Morris Applicant: Address: 985 Dry Canyon Road City: McCammon State: Idaho Zip: 83250 Linden Apartments CUP Exhibit 3: CUP Questionnaire CHUBBUCK 1 0 A H 0 1. Describe how this application will be beneficial to the neighborhood or otherwise foster public health, safety or welfare. Cleans up existing lot and provides housing. 2. How will this Application produce a positive impact on transportation facilities, public utilities, public parks or the natural environment? Development of subdivision will require development of connected Linden Avenue which will improve overall quality of road. 3. What account has been taken of noise and traffic conditions in the vicinity of the land for which the application is sought? For commercial zoning added traffic and noise should be of negligible effect. 4. What account has been taken of the character and use of the buildings and land adjoining and in the vicinity of the property for which the permit is sought, together with the number of persons residing or working in such buildings or upon said land? How is the proposed development compatible? Dense housing building should not significantly conflict with surrounding buildings. 1 of 3 Revised 1-25-2017 PBA Linden Apartments CUP Exhibit 3: CUP Questionnaire Conditional Use Permit Questionnaire 5. Explain how the permit, if granted, will not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape or natural scenery of said land? Surrounding lots gain little to no value from current condition of lot. 6. What considerations have been given to the aesthetic qualities of the proposed use and surrounding lands? Removal of vacant house and overgrown vegetation should increase aesthetic quality of lot. 7. Address how adverse impacts on other developments within the City have been minimized as much as possible. Utilities for lot will connect with pre-existing utilities already present including water and electric among others. 8. Describe the sequence and timing of the proposed development. Upon approval, development of the lot will proceed and should be completed within 12-18 months. First stage will be clearing followed by pavement, landscaping, and permanent structures. 9. How will the development be properly maintained? Homeowners Association will be responsible for continued maintenance of lands and homes. 2 of 3 Revised 1-25-2017 PBA Linden Apartments CUP Exhibit 3: CUP Questionnaire Conditional Use Permit Questionnaire 10 Designate the exact location and nature of the development. Address: 241 W Linden Ave., Chubbuck, Idaho Dense residential and multi -family residential. 11. Which on-site or off-site public services are required for this development? (E.g. - Sanitation, Water, sewer, other.) Water, sered, sanitation, power, and communication are required for this development. 12. List which, if any, studies of social, economic, or environmental effect have been required of this application. (Examples: Traffic Study, Water or Sewer Capacity Study, Storm -Water Drainage, etc.) No such studies have been requested for this application. 3 of 3 Revised 1-25-2017 PBA Linden Apartments CUP Exhibit 4: Current Zoning Map Linden Apartments CUP Exhibit 5a: Comprehensive Plan Future Land Use and Street Classification MAIN Future Land Use Designation MLM r ■ Commercial Employment High Density Low density ■ Medium Density C iya Mixed Use Aill ■ Functional Road Class System — Collector Minor Arterial Principal Arterial :Ir4J ! lFlf� At+� .. �a Subject Property { E Bur. q If 14M Linden Apartments CUP Exhibit 5b: Comprehensive Plan Policies Relevant to the Application COMPREHENSIVE PLAN CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFI - 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 within City limits and the Urban Service Boundary, and does not consume farmland. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use POLICY c. Take advantage of the existing investment by encouraging infill and redevelopment projects COMMENT The project is in the central part of city rather than on the fringe. 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 proposes high density in the city core, about 21 units/acre. (Hawthorne Gardens was built as about 25 units/acre.) 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 map designates the area as Commercial, a category intended for future intense land development. It focuses on the C-1 and C-2 zones, where 4-plex apartments may be conditionally permitted. 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 site plan, as well as landscaping, fencing, and other considerations will help the project complement the neighborhood rather than conflict with it. POLICY f. Encourage residential infill in suitable locations COMMENT The site provides infill development in the core of the city. 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 Applicant has been working with the Design Review Committee on basic site development issues. 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 Linden Ave is designated as a collector, the project will improve a short section of the road to meet city standards. Oi PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1AAHA Linden Apartments CUP OBJECTIVE 5.1.2 Expand the network of functional class roads in general accordance with the functional class roads map POLICY a. Define routes for new or functional class roads with requirements for development during subdivision COMMENT Linden Ave is designated as a collector; the project will improve a short section of the road to meet city standards. 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 This is a high density proposal within walking distance of the PRT bus route on Yellowstone Ave. OBJECTIVE 5.1.5 Encourage bicycle and pedestrian systems that support transit and provide an alternative means to access commercial centers, neighborhood employment centers, and public services such as schools and parks POLICY a. Continue to implement standards for sidewalks to be constructed at the time of subdivision development COMMENT The project will improve a short section of the road to meet city standards, including a sidewalk. However, there it will not connect to the sidewalk network for some time. 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 The project will improve a short section of the road to meet city standards, including a sidewalk. The long range plan includes a north -south collector just west of the site, but it will not connect to Linden for some time. POLICY g. Provide sidewalks along both sides of all public streets COMMENT The project will improve a short section of the road to meet city standards, including a sidewalk. However, there it will not connect to the sidewalk network for some time. STRATEGY a. Use streets, pedestrian ways, and connectivity development standards to ensure that streets and pedestrian ways are well connected and provide a safe environment for pedestrians COMMENT The project will improve a short section of the road to meet city standards, including a sidewalk. The long range plan includes a north -south collector just west of the site, but it will not connect to Linden for some time. 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 a. Bulk and height of the new residential infill and redevelopment projects shall be similar in scale to surrounding residential development COMMENT The proposal includes only 2 -story buildings, with fencing and landscaping between it and neighboring residential properties. 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: PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us Linden Apartments CUP PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 1940�t_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us • Connect streets with other streets to provide a network • Use distinct edges or boundaries to define the neighborhood • Include sidewalks that are safe, convenient, and interesting • Incorporate parks and institutions into neighborhoods • Provide a mix of housing choices and types • Design neighborhoods to accommodate bus transit COMMENT The project will include internal sidewalks and on the street frontage. It is within walking distance of the PRT bus route on Yellowstone. It is not convenient to any public park, but open/recreation space is planned. 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 There is existing sewer service to this infill site. GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC BUILDINGS AND UTILITY SYSTEMS OBJECTIVE 7.7.1 Manage the cost of providing public services to the community POLICY a. Encourage compact development in order to reduce the cost of providing public services COMMENT The project is a localized high-density development. CHAPTER 8: RECREATION GOAL 8.1 BROADEN RECREATIONAL OPPORTUNITIES OBJECTIVE 8.1.2 Create new parks and recreational facilities to serve both new development in existing neighborhoods and new communities POLICY c. Encourage the creation of neighborhood parks in conjunction with large-scale residential development and as part of the neighborhood refinement plan process COMMENT It is not convenient to any public park, but open/recreation space is planned and the parks impact fee will be assessed on each unit. 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 project provides a needed component of housing, and is within walking distance of many businesses along Yellowstone Ave. 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 Applicant has revised the site plan to address concerns and mitigate impacts. OBJECTIVE 10.1.3 Encourage the development of affordable housing POLICY d. Encourage residential infill and redevelopment in target areas PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 1940�t_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us Linden Apartments CUP COMMENT This can be considered infill because of its location at the city core. However, it is unknown the price point/ affordability of the units at this time. 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 POLICY c. Multi -family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers; encourage large apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks COMMENT This is a moderate sized high density complex proposed in a future commercial area. The site is within walking distance of businesses /jobs on Yellowstone Ave. CHAPTER 13: SCHOOL LOCATION AND TRANSPORTATION GOAL 13.1 DELIVER OUR CHILDREN SAFELY TO SCHOOL OBJECTIVE 13.1.2 Create opportunities for children to walk safely to school POLICY a. Establish a system of paths, sidewalks, bike lanes and routes that permit safe access to city schools COMMENT Sidewalks are planned within the project site. POLICY b. Consider pedestrian access to nearest school during site plan review COMMENT Undeveloped private land lies between the site and the nearest school. POLICY c. Require sidewalks along both sides of public streets COMMENT Development will include sidewalk in the platting phase on its side of the street. * 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 Linden Apartments CUP Exhibit 6a: Mailing List JOHN W ALLER JOHN W ALLER JOHN W ALLER 222 W Linden Ave. 222 W Linden Ave. 222 W Linden Ave. Pocatello, ID 83202 Pocatello, ID 83202 Pocatello, ID 83202 BRENT DALTON 208 W Linden Ave. BRENT DALTON BRENT DALTON Pocatello, ID 83202 208 W Linden Ave. 208 W Linden Ave. Pocatello, ID 83202 Pocatello, ID 83202 JEFF R COBBLEY JEFF R COBBLEY JEFF R COBBLEY 221 W Linden Ave. 221 W Linden Ave. 221 W Linden Ave. Pocatello, ID 83202 Pocatello, ID 83202 Pocatello, ID 83202 GARY G RATLIFF GARY G RATLIFF GARY G RATLIFF 201 W Linden Ave. 201 W Linden Ave. 201 W Linden Ave. Pocatello, ID 83202 Pocatello, ID 83202 Pocatello, ID 83202 KNUDSEN POOR FARMS INC. KNUDSEN POOR FARMS INC. KNUDSEN POOR FARMS INC. 98 Fort Hall Ave. 98 Fort Hall Ave. 98 Fort Hall Ave. American Falls, ID 83211-1804 American Falls, ID 83211-1804 American Falls, ID 83211-1804 Gary Ratliff 2652 Wild Horse Ridge Ln Pocatello, ID 83204 Eddie Seal Jr 4704 Heidi Ct Chubbuck, ID 83202 Cody De Los Reyes PO Box 502 Lava Hot Springs, ID 83246 4793 4785 363 3tj, D and S 9eciri--al Supply w y 4774 315 r aa. 1 L 5 4754 M L®9s' , RM RE -M 4744 4:36 420 416 4'Y-,� 4734 Cf 472: deaiya SI 6-,L6 417 415 413 409 4725 Exhibit 6a: 300' Notification Area 271 Z 147 Wilks Fvrwcil Home 4'66 �II�w � 134 50 1:7 W Linden Aye 201 147 .ec�ry SIO -age lafQ55 Knuda� �1rd rL Linden Apartments CUP „� Public Notification Ok x Select or search for a feature n the me Address 0; Ar w 0 Apply a search distance 300 Addressee layer Parcel Owner - F=rm_. -- .sea prated veiues 14 addressees found; do you want to [ominue? Linden Apartments CUP Exhibit 6b: Site Posting March 22, 202 7 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 Linden Apartments CUP Exhibit 7: Public Comment March 25, 2021 Planning Services Attn: Don Matson This Letter is to voice concerns about the proposed development at 251 West Linden in Chubbuck, Idaho. I. Irrigation Water A. Water: We need irrigation water from May to October with no interruptions. B. Culvert: The culvert crossing the street at 251 W. Linden that accesses our property (222 W. Linden) needs inspecting prior to street construction. II. Street Condition A. Width: The street width east of the proposed project for 200 plus feet is between 17' and 19' wide. This is too narrow to handle the increased traffic flow B. Sink Hole: Located at the west boundary of Norco Supply property restricts traffic to one lane. C. Bumps in street: Street needs to be smoothed out where utility repairs have been made. These bumps cause traffic to change lanes. sa p �GEodF. MAR 2 9 2021 D Thank you: �'John W. Aller 222 W. Linden Chubbuck, Idaho ATTN: Don Matson Linden Apartments CUP Exhibit 7: Public Comment APR - 5 2021 As a resident and property owner of 221 West Linden Avenue in Chubbuck I have some concer and requests involving the proposed project for the property located at 251 West Linden. They are as follows: • 6 foot privacy fence o I request that a 6 foot privacy fence be installed between the two properties to help eliminate any privacy issues as well as any light or sound contamination that may spill over onto my property. • Irrigation Water o I request that if any work or modifications be done to the irrigation canal that it is done so that it does not affect access to the water for any of the residents on West Linden that utilize the water to irrigate their properties. o I request that the proposed project at 251 West Linden be built at an adequate enough grade so that neighboring properties may still flood irrigate without the risk of runoff to 251 West Linden. • Congestion of West Linden o Please take into consideration that the entire neighborhood of West Linden including those residents on Afton Place, only have one entry and exit access road that intersects Yellowstone Avenue. Congestion is already an issue at this intersection without the addition of a large multi -resident complex. • Toxic Flora Species a Please take into consideration several residents on West Linden have livestock of some kind. There are many species of trees and shrubbery that are toxic to these animals. This is particularly a concern in the fall of the year when these plants begin to drop their leaves. • Only multi -story building in the area o Please consider the fact that the proposed project will be the only multi -story buildings on West Linden. This is a privacy concern for myself and a safety concern for my livestock if people are able to see and/or harass my animals. It is also my opinion that this building project will be an eyesore for the neighborhood and may detract from the long-term goal of the area. Thank You, Jeff R. Cobbley CHUBBUCK I o A H 0 Community Services Department Planning Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us SPRING COVE TOWNHOUSES APPLICATION FOR A CONDITIONAL USE PERMIT - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON APRIL 13, 2021 SUMMARY DESCRIPTION: An application for a Conditional Use Permit to build townhouses on approximately .40 acres of land in the General Commercial (C-2) zone. Subject property is in the NW 1/4 of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 151 W. Park Lawn Drive, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial. Type of Action: Decision. STAFF FINDINGS: After reviewing the application and related materials, staff finds that it likely meets the standards established by the City for a Conditional Use Permit (CUP). Townhouses and other residential land uses are conditionally permitted in the General Commercial (C-2) zone. The Design Review Committee has reviewed the site plan and requested revisions from the developer; the committee's recommendations are reflected in the site plan included with this report. o The committee directly reviews and approves such details as parking, landscaping, access, utility services, and sanitation. o The Land Use and Development Commission may approve other or more stringent conditions on the proposal. The applicant has met City Code requirements to be heard for a CUP. Staff recommends approval of the application, with the following conditions: o Move dumpster location southward enough to allow sanitation trucks to maneuver a 3 - point turn with Tastee Treat parking area. o Demonstrate on plat that personal vehicles for the first two units can maneuver into and out of garages without interfering with traffic entering from Park Lawn. Complete joint access agreement with Tastee Treet. FACTS BACKGROUND: This small site, comprising all or part of three parcels, has been vacant for years. Prior to building the project, the developer will also need to re -plat the area. It is planned that the townhouses will share the driveway with Tastee Treet. Spring Cove CUP 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 criteria and standards for approval per sections 18.28.040 and 18.28.050 of City Code). The Commission may approve with or without conditions, may table a decision, or may deny the application. APPLICABLE LAWS AND PLANS: 1. Idaho Statutes §67-6512: Special Use Permits, Conditions, and Procedures 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code Title 18: Land Use, particularly: a. Chapter 18.08: Land Use Districts and General Controls b. Chapter 18.12: Supplemental Controls APPLICANT: OWNER: PROFESSIONAL SERVICES: Jonathan Vincent Jonathan Vincent Rossiter Architecture 975 E. Pidcock Rd 975 E. Pidcock Rd & Inkom, ID 83245 Inkom, ID 83245 Summit Land Surveying LOCATION: The site is in the NW 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, Idaho, generally located 151 W. Park Lawn Drive, Chubbuck, ID. • The proposal lies within the boundaries of the existing Avalon Park and Tastee Treet subdivisions. • The site includes Bannock County parcel numbers: RCTTS000200, RCAVP000200, and part of RCAVP000300. SITE CHARACTERISTICS & ZONING CURRENT ZONING: General Commercial (C-2) PROJECT SIZE: ±.40 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: Dumpster enclosure RECENT TRAFFIC COUNTS: 2015: Yellowstone north of Park Lawn, 10,909/day 2019: Yellowstone north of Park Lawn, 11,953/day 2016: Park Lawn west of Yellowstone, 2,032/day 2020: Park Lawn west of Yellowstone, 2,249/day SURROUNDING LAND USES AND ZONING NORTH: Single family home on 1.3 acres; General Commercial (C-2) zone EAST: Restaurant and vacant property; General Commercial (C-2) zone SOUTH: Vacant property, General Commercial (C-2) zone WEST: Townhomes; Planned Unit Development (PUD) zone SERVICES: ACCESS STREET: Park Lawn Avenue, shared driveway with Tastee Treet restaurant FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck; will share water service with The Falls development 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 Spring Cove CUP PROCEDURES: 1. In accordance with City Code 18.28.020 and Resolution 2020-03, a complete petition and fees for a Conditional Use Permit were filed with the City at least 29 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.20, the application is scheduled to be heard at the April 13, 2021 Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In accordance with City Code 18.28.020 and Idaho Statute 67-6512, 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 owners of property within a 300 ft. radius of the site at least 7 days prior to the hearing; and d. Notices posted prominently at the City office and website 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. PUBLIC COMMENTS: No written comments were received as of this report. POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report. STANDARDS FOR REVIEWING A CONDITIONAL USE PERMIT The following code regarding CUPS should be used in evaluating and weighing the application: 18.28.040 C. Criteria and Standards: The following criteria and standards shall be applied in determining whether to grant or deny any application under the terms of this title for a conditional use permit, and in considering and defining the conditions (if any) to be imposed upon a conditional use permit granted hereunder: The use for which such permit is sought must not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. Analysis: The neighborhood includes other townhouses and apartments, and Yellowstone Avenue is nearby. As presented there is likely no evidence that the use would be injurious to the neighborhood nor public health, safety or welfare. 2. The permit sought shall not produce an adverse impact on the economic values of adjacent properties. Analysis: Staff is not aware of any negative economic impact to adjacent properties that would be caused by the proposed use. This is a very small project and is similar to the adjacent townhomes. The permit sought shall not produce a negative impact on transportation facilities, public utilities, schools, public parks or the natural environment any greater than had the strict terms of this title been satisfied. 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 Spring Cove CUP Analysis: For a project of this small size there is little evidence to suggest there would be any negative impact on transportation facilities, public utilities, schools, public parks or the natural environment greater than if the strict terms were satisfied. 4. Account shall be taken of noise and traffic conditions in the vicinity of the land for which the permit is sought. Analysis: The number of trips per day could be less as residential than other allowed uses in the General Commercial (C-2) zone. Account shall be taken of the character and use of the buildings and land adjoining and in the vicinity of the property for which the permit is sought, together with the number of persons residing or working in such buildings or upon said land; and the permit, if granted, shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape of said land. Analysis: The building elevations are similar to adjacent townhomes. According to the Census Bureau, the average household size in Chubbuck is just under 3 persons. With the planned 6 units, the projected population may be estimated at 78 persons. 6. Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands. Analysis: The building elevations are similar to adjacent townhomes. They are aesthetically pleasing and will complement the surrounding uses, including nearby commercial properties. Account shall be taken of the support or opposition expressed by the persons entitled to receive notice of the conditional use permit application. Analysis: No written comments have been received as of this writing. The applicant shall show that he has taken all reasonable steps to comply with the strict terms of this title. If the applicant can show that the uses "allowed" under this title are not feasible, such showing shall support an application for a conditional use permit. Analysis: Multi -family and other residential uses are conditionally permitted in the C-2 zone. Due to market conditions, commercial development is less feasible at this time on the property. 9. Adverse impact on other development within the city shall be minimized as far as possible. Analysis: There is likely no evidence of impact on other development in the city. This is a small project and there is a need for more housing throughout the region. 10. The sequence and timing of any development conditionally permitted hereunder may be controlled as appropriate. Analysis: There is likely no need to control the sequence and timing of the project. The applicant will yet need to complete the platting process before building — platting and the CUP both include time limits in code. 11. The duration of any development conditionally permitted hereunder may be controlled. Analysis: Because these are permanent buildings with little potential to change their use, there should be no reason to control the duration of the development. 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 Spring Cove CUP 12. Any permit granted hereunder may contain provisions for assuring that the development is maintained properly. Analysis: It is intended for a platting process to create the townhouse parcels and common property. A homeowner's association will be created to provide for appearance and maintenance of the property. 13. Any permit granted hereunder may designate the exact location and nature of the permitted development. Analysis: The applicant will be required to meet all codes for building, site, landscaping, access, storm water and site development, as well as conditions placed by the Design Review Committee. 14. Any permit granted hereunder may require the provisions for on site or off site public facilities or service. Analysis: Staff does not find that any additional public facilities or service other than the standard are likely needed. 15. Any permit granted hereunder may require more restrictive standards than those otherwise required by this title. Analysis: Staff does not find that stricter standards would need to be met as it will have required landscaping and meet applicable standards. 16. Notwithstanding the time deadlines established elsewhere in this title for processing applications, the city council may, if it deems such action necessary, require studies of the social, economic, fiscal and environmental effects of the proposed conditional use prior to the granting or denying of the application therefor, and the applicable time deadline shall be extended accordingly. Analysis: Staff does not find likely cause for additional studies to be required. 18.28.050: CONSISTENCY WITH COMPREHENSIVE PLAN: No variance shall be granted, nor any conditional use permit issued, nor any revision to this title adopted, unless such action is consistent with the city's comprehensive plan. STAFF RECOMMENDATION Staff recommends approval of the application, with the following conditions: • Move dumpster location southward enough to allow sanitation trucks to maneuver a 3 -point turn with Tastee Treat parking area. • Demonstrate on plat that personal vehicles for the first two units can maneuver into and out of garages without interfering with traffic entering from Park Lawn. Complete joint access agreement with Tastee Treet. 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 EXAMPLE MOTIONS APPROVAL (WITH CONDITIONS): Spring Cove CUP Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve the Conditional Use Permit as described in the application materials with the following conditions: 1 . ................ (if found necessary by LUDC). APPROVAL (WITHOUT CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve the Conditional Use Permit as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Conditional Use Permit request are not satisfied, I move to deny the Conditional Use Permit request as described in the application materials. I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET] REPORT: Don Matson, Planning Manager dmatson@cityofchubbuck.us (208) 239-3252 DATE: April 6, 2021 Staff comments in this report are based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. EXHIBITS Reference Map — Spring Cove Townhouses Application Materials a. Site Plan b. Additional Information c. Copy of Warranty Deeds on file w/staff CUP Questionnaire 4. Current Zoning Map Comprehensive Plan Future Land Use Map Policies Relevant to the Application 6. Evidence of Notice c. Mailing List and 300' Notification Area d. Site Postings e. Copy of notices on file w/staff 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 Spring Cove CUP Exhibit 1: Reference Map - Spring Cove Townhouses City of Chubbuck Land Use Application ❑ CONDITIONAL USE PERMIT ❑ CHANGE OF LAND USE DISTRICT ❑ VARIANCE ❑ ANNEXATION & ZONING ❑ COMPREHENSIVE PLAN CHANGE ❑ City Official: Spring Cove CUP Exhibit 2:Application __ 7 -RW-A I CHUBBUCK 1 0 H H 0 Date: C❑ / m / m For the Land Use Meeting of : m / ❑ / ❑ Application Deadline E]:] / M / m 2:00 PM I f f Name of Applicant: c Phone: 'Z04? -- Zz( -- SS -3 _7 Mailing Address: Email address: z l t 2. Filing fee of $ plus $ for: Total: $ ❑ ($1.50 per notification mail -outs for Conditional Use Permits.), owners and occupants. ❑ ($3.00 per notification mail -outs for annexations, zone changes.), owners and occupants. Paid to the City Clerk on: , 20 Initials Receipt # 3. Project location: �; ,. ,, _ , 111-4 k'— 1A 4. Existing Land Use District: S. Describe Proposal: a 1,e 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 perty as set forth herein. E Sign of Applicant Date PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION: 0 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 e-mailed or on jump drive as much as possible. �❑ Please attach a legal description of the property. Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 sets.) ❑ Business License Application ❑ Other Assessments or Studies: STANDARDS FOR ILLUSTRATIVE DRAWINGS: The intent of these standards is to produce drawings when required or necessary 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" = l'- 0" minimum Revised: 5-9-2019, PBA N 114 COR SCC 1 cP&r RMsr. NO. 34 91005797 M MTSAro' '.� Jr i rNsagwy,r 7, LOT 1 LOT 3 M1�r!{4 rNao�• w >e��- /µw'a°'"v---�`i�'1 I PEN Ap `•}/�]Y --- �,UfwA.i_.--- �Y'P �I µi1 IHI --- A' � — — ;A), 721 feNT7.rr I ;d ~ o LOF 3 M PARK LAWN /NTFRSFCT/i1N RK LAWN DR/V£ 1 � rx,••�a r7,r I " I I I � SUBDIVISION h r�,a' Ftd' ---_ f' LOT 2-��,tel»h Q (y.7a�' --LOT 2 1 S 1---ibj�.H]Vt.1r 'T - Aa70'li^rte 39.37' i BUILDING � ,�' Nerrsbz E w9vvebyE FOOT PRINT p 5' UOIIlY $ I �0O• I SQ. FT. AREA II ---"T f 47 , AIN A 4373.667 square ft. LOT i I LOT 1 ro' um+rrr L -- 1-1 o A e it LOT ,G ' ; 0.53 Acres �sruFAv� -----J j 0.25 Acres o i SITE o- Y—------------------�-- FOOT PRINT — 37,- IT i Jags' SQ. FT. AREA sa9v9a7 aWfru2,r1A11' T�e3' 17389.444 square ft. J 13yt 15' UrltrryMEG SEwvlArEW 20"SCOWO? M 2 V I '� O EASEMENT IM.SFAiUKEH7 j9I1699 ,�, 00 t, LOT 3 AVALON PARK lets ar�s2T • r laumw' 11 t — — — — — I A <�Y" AREA OF BLDG. TO SITE SCALE: 1"=20'-0" 24x36 SCALE: 1"=40'-0" 13x19 PARTIAL PLAT MAP 2021 TOWNHOUSF- 6 UNI -r 13LAIL-PIN6 PARK LAWN DRIVE CHUBBUCK IDAHO C.0 COVER SHEET / DRAWING INDEX / PARTIAL PLAT MAP / AREA / PARTIAL PLAT MAP / SITE PLAN CA STORM WATER RETENTION PLAN / EROSION AND SEDIMENT CONTROL PLAN NARRATIVE C.2 GRADING PLAN JI I L -'LAIN SCALE: 1"=20'-0" 24x36 SCALE: 1 13x19 ibit 2a: Site Plan �Q N 0L N N 0 _ L S� US o � vl• �� eI �Nv g N U O U Z �-21 E n03 � O 40 CONSULTANT: Gate City Builders Jonathan Vincent 208-221-5537 Summit Land Surveyin< MattBaker 208-380-9871 STAMP: ROSSTfER ARCHITECTURE LICENSED ARCHITECT MARSHALL S. ROWER LICENSE AR -2419 STATE OF IDAHO PROJECT: GATE CITY BUILDERS 2021 TOWNHOUSE PROJECT CHUBBUCK, ID DRAWING TITLE: PRELIMINARY SITE PLAN DATE: 03/19/21 revised DUMPSTER LOCATION DATE: 03/17/21 revised 50R. throat depth and conc. pad an N. end. IDATE. 02/22/21 I C.0 MEN ■.1 WINIMMEM . Ao. d:• var000 MISIMEIMM EN ■. ■. r Elllill{ilii, Ar �411a�.u7ulYw'k. � ^ 701HISF1 FRONT ELEVATION LIVING SPACE: 807 SQ. FET GARAGE: 715 SQ. FEET MAIN FLOOR PLAN SCALE: 1/8"=V-0" OUTLINE OF GARAGE BELOW MECH MECH MECH MECH MECH MECH 7 7 7 (- GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE DRAWN BY: KDG oil N N �N NJ N N F I r r I r r I r � Flo 2-25-21 Frim, MAIN FLOOR PLAN SCALE: 1/8"=V-0" OUTLINE OF GARAGE BELOW SECOND FLOOR PLAN SCALE: 1/8"=V-0" GENERAL NOTES • ALL WORK SHALL BE IN COMPLIANCE WITH ALL LAWS, CODES, COVENANTS STANDARDS AND REGULATIONS OF THE COMMUNITY IN WHICH CONSTRUCTION WILL TAKE PLACE. CONTRACTOR AND SUB -CONTRACTORS WILL BUILD ACCORDING TO CURRENT OR LATEST ADOPTED RESIDENTIAL CODES • ALL TEXT AND INTERPRETATION OF ALL LOCAL RESIDENTIAL AND COMMERCIAL BUILDING CODES OR OFFICIALS WILL OVERRIDE ANY STATEMENT CONTAINED IN THESE DRAWINGS • CONTRACTOR SHALL COORDINATE THESE PLANS TO ENSURE THAT ALL INFORMATION IN THIS PLAN SET CONFORMS TO ALL LOCAL CODES, LAWS AND REGULATIONS. THE DESIGNER/DRAFTER IS NOT RESPONSIBLE FOR CODE VERIFICATION • FIELD VERIFY ALL SITE CONDITIONS AND OTHER EXISTING CONDITIONS PRIOR TO CONSTRUCTION. VERIFY WATER TABLE DEPTH. ADJUST DEPTH OF FOUNDATION ACCORDINGLY • CONTRACTOR WILL PROVIDE ALL NECESSARY PERMITS, LICENSES, AND INSPECTIONS ACCORDING TO LOCAL REQUIREMENTS • DESIGNER/DRAFTER DOES NOT CALCULATE LOAD BEARING WALLS, SHEAR WALLS, ROOF TRUSSES, ROOF PLANS, FOUNDATION OR OTHER STRUCTURAL MEMBERS, LOADS, ETC. MECHANICAL, ELECTRICAL, OR PLUMBING REQUIREMENTS. FIXTURES AND FURNISHINGS BY OWNER • DESIGNER/DRAFTER IS NOT RESPONSIBLE OR LIABLE FOR CHANGES MADE TO THESE PLANS • ALL EXTERIOR WALLS ARE 2X6 CONSTRUCTION • PROVIDE APPROPRIATE VENTING AND FANS IN ALL BATHROOMS AND LAUNDRY ROOM 11 Die]MAIIA12IS THE INFORMATION ON ALL PLANS, SPECIFICATIONS, MEASUREMENTS ETC. FOUND ON THESE CONSTRUCTION DRAWINGS ARE PROVIDED 'AS IS'. INSIDE STORY DESIGNS, THEIR DESIGNERS AND DRAFTERS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONSTRUCTION DRAWINGS. INSIDE STORY DESIGNS, THEIR DESIGNERS OR DRAFTERS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT OR INDIRECT DAMAGES OF ANY KIND, NOR ANY CONSTRUCTION OR ENGINEERING OF HOMES. ALL PLANS MUST BE REVIEWED BY LOCAL ENGINEERS AND BUILT TO LOCAL CODES AND STANDARDS, PLANS MUST BE MODIFIED AS NECESSARY TO ACCOMMODATE THESE REQUIREMENTS. INSIDE STORY DESIGNS WILL NOT BE LIABLE FOR THESE MODIFICATIONS OR CODE CHANGES ALONG WITH ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY MATERIAL, FLOOR PLANS OR OTHERWISE FROM THIS WEB SITE AND COMPANY INCLUDING ITS DESIGNERS AND DRAFTERS. THESE DRAWINGS COULD INCLUDE TECHNICAL, SPACE PLANNING OR ESTHETIC INACCURACIES AND ERRORS, INCLUDING TYPOGRAPHICAL ERRORS. INSIDE STORY DESIGNS ASSUMES NO LIABILITY FOR ERRORS OR OMISSIONS IN ANY DOCUMENT AND RESERVES THE RIGHT TO MAKE CHANGES AS DEEMED NECESSARY. Spring Cove CUP Exhibit 2b: Additional Information BUILDERS & DEVELOP114ENTC0. REVISION: DRAWN BY: KDG oil CHECKED BY: - DATE: FEB'21 Flo Frill E,%m Flo 2-25-21 Frim, SECOND FLOOR PLAN SCALE: 1/8"=V-0" GENERAL NOTES • ALL WORK SHALL BE IN COMPLIANCE WITH ALL LAWS, CODES, COVENANTS STANDARDS AND REGULATIONS OF THE COMMUNITY IN WHICH CONSTRUCTION WILL TAKE PLACE. CONTRACTOR AND SUB -CONTRACTORS WILL BUILD ACCORDING TO CURRENT OR LATEST ADOPTED RESIDENTIAL CODES • ALL TEXT AND INTERPRETATION OF ALL LOCAL RESIDENTIAL AND COMMERCIAL BUILDING CODES OR OFFICIALS WILL OVERRIDE ANY STATEMENT CONTAINED IN THESE DRAWINGS • CONTRACTOR SHALL COORDINATE THESE PLANS TO ENSURE THAT ALL INFORMATION IN THIS PLAN SET CONFORMS TO ALL LOCAL CODES, LAWS AND REGULATIONS. THE DESIGNER/DRAFTER IS NOT RESPONSIBLE FOR CODE VERIFICATION • FIELD VERIFY ALL SITE CONDITIONS AND OTHER EXISTING CONDITIONS PRIOR TO CONSTRUCTION. VERIFY WATER TABLE DEPTH. ADJUST DEPTH OF FOUNDATION ACCORDINGLY • CONTRACTOR WILL PROVIDE ALL NECESSARY PERMITS, LICENSES, AND INSPECTIONS ACCORDING TO LOCAL REQUIREMENTS • DESIGNER/DRAFTER DOES NOT CALCULATE LOAD BEARING WALLS, SHEAR WALLS, ROOF TRUSSES, ROOF PLANS, FOUNDATION OR OTHER STRUCTURAL MEMBERS, LOADS, ETC. MECHANICAL, ELECTRICAL, OR PLUMBING REQUIREMENTS. FIXTURES AND FURNISHINGS BY OWNER • DESIGNER/DRAFTER IS NOT RESPONSIBLE OR LIABLE FOR CHANGES MADE TO THESE PLANS • ALL EXTERIOR WALLS ARE 2X6 CONSTRUCTION • PROVIDE APPROPRIATE VENTING AND FANS IN ALL BATHROOMS AND LAUNDRY ROOM 11 Die]MAIIA12IS THE INFORMATION ON ALL PLANS, SPECIFICATIONS, MEASUREMENTS ETC. FOUND ON THESE CONSTRUCTION DRAWINGS ARE PROVIDED 'AS IS'. INSIDE STORY DESIGNS, THEIR DESIGNERS AND DRAFTERS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONSTRUCTION DRAWINGS. INSIDE STORY DESIGNS, THEIR DESIGNERS OR DRAFTERS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT OR INDIRECT DAMAGES OF ANY KIND, NOR ANY CONSTRUCTION OR ENGINEERING OF HOMES. ALL PLANS MUST BE REVIEWED BY LOCAL ENGINEERS AND BUILT TO LOCAL CODES AND STANDARDS, PLANS MUST BE MODIFIED AS NECESSARY TO ACCOMMODATE THESE REQUIREMENTS. INSIDE STORY DESIGNS WILL NOT BE LIABLE FOR THESE MODIFICATIONS OR CODE CHANGES ALONG WITH ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY MATERIAL, FLOOR PLANS OR OTHERWISE FROM THIS WEB SITE AND COMPANY INCLUDING ITS DESIGNERS AND DRAFTERS. THESE DRAWINGS COULD INCLUDE TECHNICAL, SPACE PLANNING OR ESTHETIC INACCURACIES AND ERRORS, INCLUDING TYPOGRAPHICAL ERRORS. INSIDE STORY DESIGNS ASSUMES NO LIABILITY FOR ERRORS OR OMISSIONS IN ANY DOCUMENT AND RESERVES THE RIGHT TO MAKE CHANGES AS DEEMED NECESSARY. Spring Cove CUP Exhibit 2b: Additional Information BUILDERS & DEVELOP114ENTC0. REVISION: DRAWN BY: KDG PLAN NO: - CHECKED BY: - DATE: FEB'21 PLOT DATE: 2-25-21 DRAWING NO. FILE: OF 0 I I� I I N 00 0 - IN n 0- 0 M 157'-14" 4'-3" 21'-52" 94" 21'-52" 3'-112' 4' '-111 21'-51 94" 21'-52" 3'-112' 4- 21'-52" 94" 21'-52" 4'-3" GENERAL CONSTRUCTION NOTES 15'-0" 22 3" 30' 1" 2 22 3" 30' 1" 2 22 14'-113" 3" 4 �D- _ • PROVIDE 12X12 ATTIC VENTS W/ INSECT � I ! SCREEN, TYPICAL �- • 5/8" TYPE 'X' GYPSUM BOARD REQUIRED TO SEPARATE i l I GARAGE FROM LIVING SPACES. � • 20 MINUTE FIRE RATED DOOR REQUIRED FROM i l ��■! MI GARAGE TO HOUSE. -I • ALL FOOTING DEPTH TO BE DETERMINED 6 BY LOCAL CODE 00 M • MECHANICAL, PLUMBING AND ELECTRICAL LAYOUT 7 PROVIDED BY OTHERS 6'-8" 1 3 4" -- • PROVIDE ATTIC ACCESS, 22" BY 30". FIELD LOCATE 8 IN CEILING. PROVIDE UNOBSTRUCTED HEADROOM 30" 6'-8" 1 3 4" -- MIN. ABOVE ACCESS OPENING. : • PROVIDE HANDRAILS AND/OR RAILINGS AS REQUIRED ON ALL STAIRS WITH 6'-8" 1 3 4" -- • PROVIDE 2 HOUR FIRE WALL BETWEEN EACH UNIT 0 I 2'-6" i� 9 11 WINDOWS 8c DOOR NOTES 6 —8 —1,74-7r -- O O1 ' VERIFY CODE EGRESS WINDOW REQUIREMENTS PRIOR TO CONSTRUCTION O O O MECH 04 �<MECH MECH 4I04 MECH MECH 04 rN 04 MECH PRIOR TO CONSTRUCTION. ADJUST AS NECESSARY. � i� F GARAGE GARAGE o GARAGE GARAGE o GARAGE GARAGE o N A_�� �N � N N � � N r----------1 r ---------- ---------I F----------� �—--------I F----------� 03 I I I I 02 4 11'-0" —0' S 02 L V.3 02 —6' —0 11'-0" 21 4 —0' 11'-0" 21 4 11'-0" —0' S 4 —0' 11'-0" 21 4'-6" 1 1, 21'-22 ill 21'''''-22 ill ill ill ill 4'-2 " 1 4'-22 1» 21''-22 1» 4'-6' 25'-82" 25'-5" 25'-5" 4 25'-5" 25'-5" 25'-82» 77 7 157'—lip' DIMENSION MAIN FLOOR PLAN SCALE: 1/8"=l'—O" 11'-0" 8'-0" 14'-3" 8'-0" 22'-22" <> <<> 17 11„ e 157'-14" 14'-3" e 22'-22" e 8'-0" 11'-0" r r 6'-6" 5 -9 7'-0" 13' 2" 7'-0" 6'-0" 12' 0" 6'-0" 7,-0" 13' 2" 7'-0" 6'-0" 12' 0" 6'-0" 12'-3j" 27' 2" 24' 0" 27 2 24'- 0" 25-81" 31 3,. 3, 3, 2 25'-5" 4 25'-5" 4 25'-5" 4 25'-5" 157'-1 i" DIMENSION SECOND FLOOR PLAN SCALE: 1 /8"=1'-0" 7'-0" 5'-9 6,-6„ 27' 2" 12'-34" lo 3' 25-82" r GENERAL CONSTRUCTION NOTES Quantity • EXTERIOR WALLS 2X6 NOMINAL STUD FRAMING AT 16" O.C. DOOR SIZE NOTES WD HGT THK BATT INSULATION TO REQUIRED 'R' VALUE BY LOCAL CODE 1 • INTERIOR WALLS 2X4 NOMINAL STUD FRAMING AT 16" O.C. 7'-5 1 3/4" -- . PROVIDE ATTIC INSULATION AND VENTILIATION IN ACCORDANCE a' TO LOCAL CODE. �D- _ • PROVIDE 12X12 ATTIC VENTS W/ INSECT � I ! SCREEN, TYPICAL �- • 5/8" TYPE 'X' GYPSUM BOARD REQUIRED TO SEPARATE i l I GARAGE FROM LIVING SPACES. � • 20 MINUTE FIRE RATED DOOR REQUIRED FROM i l ��■! MI GARAGE TO HOUSE. -I • ALL FOOTING DEPTH TO BE DETERMINED 6 BY LOCAL CODE 00 M • MECHANICAL, PLUMBING AND ELECTRICAL LAYOUT 7 PROVIDED BY OTHERS 6'-8" 1 3 4" -- • PROVIDE ATTIC ACCESS, 22" BY 30". FIELD LOCATE 8 IN CEILING. PROVIDE UNOBSTRUCTED HEADROOM 30" 6'-8" 1 3 4" -- MIN. ABOVE ACCESS OPENING. : • PROVIDE HANDRAILS AND/OR RAILINGS AS REQUIRED ON ALL STAIRS WITH 6'-8" 1 3 4" -- • PROVIDE 2 HOUR FIRE WALL BETWEEN EACH UNIT 0 I 2'-6" i� 9 11 WINDOWS 8c DOOR NOTES 6 —8 —1,74-7r -- • ALL WINDOWS ARE INSULATED AND WEATHERSTRIPPED - ' VERIFY CODE EGRESS WINDOW REQUIREMENTS PRIOR TO CONSTRUCTION PROVIDE TEMPERED GLASS WHERE REQUIRED • VERIFY SILL HEIGHT ABOVE TUBS AND COUNTERS TO ACCOMMODATE TRIM AND BACKSPLASH • VERIFY WINDOW AND DOOR SIZES WITH CHOSEN MANUFACTURE __ PRIOR TO CONSTRUCTION. ADJUST AS NECESSARY. • PROVIDE INSULATED OVERHEAD DOORS WITH MIN. 1/2HP OPENER r r 6'-6" 5 -9 7'-0" 13' 2" 7'-0" 6'-0" 12' 0" 6'-0" 7,-0" 13' 2" 7'-0" 6'-0" 12' 0" 6'-0" 12'-3j" 27' 2" 24' 0" 27 2 24'- 0" 25-81" 31 3,. 3, 3, 2 25'-5" 4 25'-5" 4 25'-5" 4 25'-5" 157'-1 i" DIMENSION SECOND FLOOR PLAN SCALE: 1 /8"=1'-0" 7'-0" 5'-9 6,-6„ 27' 2" 12'-34" lo 3' 25-82" r DOOR AND FRAME SCHEDULE Quantity MARK DOOR SIZE NOTES WD HGT THK 6 1 16 —0 7'-5 1 3/4" -- 3 2 3'-0" �D- _ !N � I ! r �- l i l I �� � ! i l ��■! MI i 6'-8" 1 3/4" -- 2 6 3'-0" 6'-8" 1 3/4" -- qq 7 4'-0" 6'-8" 1 3 4" -- Ilq 8 3'-0" 6'-8" 1 3 4" -- 1111 : 6'-0" 6'-8" 1 3 4" -- 9 10 2'-6" 6'-8" 1 3 4" -- 9 11 2 —6 6 —8 —1,74-7r -- __ 1111 1111 =_ . o;-// _1111_ N ILE - =�m7,1 r r 6'-6" 5 -9 7'-0" 13' 2" 7'-0" 6'-0" 12' 0" 6'-0" 7,-0" 13' 2" 7'-0" 6'-0" 12' 0" 6'-0" 12'-3j" 27' 2" 24' 0" 27 2 24'- 0" 25-81" 31 3,. 3, 3, 2 25'-5" 4 25'-5" 4 25'-5" 4 25'-5" 157'-1 i" DIMENSION SECOND FLOOR PLAN SCALE: 1 /8"=1'-0" 7'-0" 5'-9 6,-6„ 27' 2" 12'-34" lo 3' 25-82" r WINDOW SCHEDULE DOOR AND FRAME SCHEDULE Quantity MARK DOOR SIZE NOTES WD HGT THK 6 1 16 —0 7'-5 1 3/4" -- 3 2 3'-0" 6'-8" 1 3/4" -- 3 1 3 3'-0" 6'-8" 1 3/4" -- 6 4 5-0" 6'-8" 1 3/4" -- 4 5 3'-0" 6'-8" 1 3/4" -- 2 6 3'-0" 6'-8" 1 3/4" -- 6 7 4'-0" 6'-8" 1 3 4" -- 6 8 3'-0" 6'-8" 1 3 4" -- 6 9 6'-0" 6'-8" 1 3 4" -- 9 10 2'-6" 6'-8" 1 3 4" -- 9 11 2 —6 6 —8 —1,74-7r -- WINDOW SCHEDULE SIZE Quantity MARK NOTES Width I HEIGHT 30 1 5 —0 4'-0" -- • ADD 9 16X16 FALSE WINDOWS IN SHED DORMERS IN REAR Spring Cove CUP Exhibit 2b: Additional Information BUILDERS BDEYElOP1ENTC0. REVISION: DRAWN BY: KDG JOB NO: - CHECKED BY: - DATE: FEB'21 PLOT DATE: 2-25-21 DRAWING NO. FILE: A1.2 OF 0'-14" AIR SPACE 29'-24" • 111 12 617" /6� 3 2 46'-10$" 6� r---- GENERAL ROOF PLAN • DO NOT SCALE OFF ROOF PLAN. FINISHED ROOF PLAN AND TRUSS PLAN BY OTHERS *TYPICAL WOOD TRUSS SYSTEM DESIGNED AND ENGINEERED BY OTHERS TO LOCAL CODE 2X12 FRAMING, TYP .30# ROOFING FELT OVER 5/8" OSB SHEATHING, TYP .INSTALL ICE AND WATER SHIELD 36" WIDE AT ALL EAVES • ARCHITECTURAL ASPHALT SHINGLES • PROVIDE PLUMBING VENTS, 3" DIA. TYP. • PROVIDE CONTINUOUS ALUM. GUTTER AND DOWNSPOUTS WITH FACTORY FINISH • PROVIDE GALVANIZED STEEL DRIP EDGE AT ALL EAVES 2X4 WALL, 2X4 WALL, 5/8" TYPE X GYP. 5/8" TYPE X GYP. EACH SIDE OF WALL J L EACH SIDE OF WALL �o a81. CD a FLOOR JOIST df III . RIM JOIST 1 10" ANCHOR BOLT I I —_ WATERPROOFING I 111-111- 1 III—II, 2x4 PONY WALL 1 —11 1-1 I- 10" FOUNDATION WALL =1 HORIZONTAL #4 REBAR ® 18" O.0 W/ e1I o III,--IISIII—�-1I,11I—� 1III 1S1III�—�—I I�— � 1I O0 L COMPACTED VERTICAL #4REBAR @ 32" O.0 I—II—II—..I 0 110", COMPACTED BACKFILL `I 11=1 11=1 11=1 I Lid I Lid e e ...III d I I ,111-111-111-111,, 1111 i X111=1.1= I I-1 I I 4" CONTINUOUS PERFORATED DRAIN. SLOPE TO DAYLIGHT 20"X10" CONTINUOUS FOOTING W/(2) #4 REBAR ONE PER SIDE 2 HOUR FIRE WALL TO EXTEND TO ROOF DECKING. HALF GABLE TRUSS SUPPORTED BY UNIT SEPARATION WALL AND EXTERIOR WALL. CONSULT TRUSS COMPANY FOR FURTHER TRUSS DETAILS. TYPICAL SHARED FOUNDATION, 2 HOUR ERE WALL DETAIL SCALE: 1/2"=l'—O" FLOOR JOIST 36'-5j" 12 6F,- ROOF PLAN SCALE: 1 /8"=1'-0" 41'45" 0 0 WATERPROOFING 3 2 11'-0" ATION WALL AL #4 REBAR @ 18" O.0 W/ D OF WALL #4 REBAR © 32" O.0 COMPACTED BACKFILL DUS PERFORATED DRAIN. DAYLIGHT NTINUOUS FOOTING W/(2) #4 REBAR ONE PER SIDE FOOTING AT EXTERIOR WALLS SHALL BE 36" BELOW GRADE (MIN.) FOR FROST—CHECK LOCAL FROST DEPTHS FOR EXACT DEPTH OF FOOTING TYPICAL FOUNDATION WALL DETAIL SCALE: 1/2"=l'—O" 36'-54" 12 6�- 46'-10$" \ 6� 7'-0" IRED ROOF TRUSS ®24" O.C. VENTING -SIDING SHEATHING ?1 INSULATION. CONSULT LOCAL CODE " GYPSUM BOARD EXTERIOR WALL TYPICAL WALL SECTION SCALE: 1/2"=l'—O" ISpring Cove CUP Exhibit 2b: Additional Information BKOERS d DMOPWNTCO. REVISION: DRAWN BY: KDG JOB NO: - CHECKED BY: - DATE: FEB'21 PLOT DATE: 2-25-21 DRAWING NO. FILE: A1.3 OF GENERAL ELEVATION NOTES • DO NOT SCALE OFF ELEVATIONS • FOOTING AND FOUNDATION SIZED BY OTHERS AND ACCORDING TO ENGINEERED STANDARDS 0 36" MIN. FOOTING DEPTH, REFER TO LOCAL CODE a BUILDER TO SELECT EXTERIOR MATERIALS a DOOR STYLE TO BE SELECTED BY BUILDER, ACTUAL SIZING MAY VARY a PROVIDE GABLE VENTING; DECORATIVE AND FUNCTIONAL. SIZE AS REQUIRED BY LOCAL CODE • STONE DETAIL STYLE AND COLOR TO BE SELECTED BY BUILDER • PARGE COAT EXPOSED FOUNDATION • BACKFILL AND GRADE AWAY FROM TOWNHOUSE WITH A MINIMUM DEPTH OF 6" OVER 10'. CONSULT WITH LANDSCAPE ARCHITECT PRIOR TO FINISH WORK FOR APPROPRIATE DRAINAGE. FRONT ELEVATION SCALE: 1/8"=l'—O" RIGHT ELEVATION SCALE: 1/8"=l'—O" LEFT ELEVATION SCALE: 1/8"=l'—O" REAR ELEVATION SCALE: 1/8"=l'—O" ISpring Cove CUP Exhibit 2b: Additional Information BUILDERS & DEVELMENTC0. REVISION: DRAWN BY: KDG JOB NO: — CHECKED BY: — DATE: FEB'21 PLOT DATE: 2-25-21 DRAWING NO. FILE: A1.4 OF 1" DIA PIPE — IRRIGATION ZONES AS INDICATED 1 ON NE SIDE OF BLDG., 1 ON SE SIDE OF BLDG. 2 OR 3 ON WEST & SOUTH SIDE OF DRIVE FOR TREES, SHRUBS AND GRASS BASED ON WATER PRESSURE REQUIREMENT ZONE 1 AND ZONE 2 O5 SPRINKLER LINES AND SLEEVES (WHERE OCCURS) TRIPLE LINES INDICATES 2" PIPE SLEEVE FOR RUNNING SPRINKLER LINE UNDER PAVED OR CONIC. TO BE INSTALLED BY GEN. CONTRACTOR PRIOR TO PAVING OR CONIC. WORK AT DRIVEWAY ENTRANCE AND CONIC. WALKWAY 1" DIA PIPE — IRRIGATION ZONES AS INDICATED 1 ON NORTH, SOUTH & WEST SIDE OF BLDG., FOR THE TREES AND SWALE BEDS W/ RAIN BIRD (OR EQUAL) ON—LINE EMITTERS USING PC EMITTERS AS NEEDED FOR FULL COVERAGE FOR ALL ZONES U PVBSTD: 0PVB STANDARD VALVE BOX STD WITH DROP—IN LOCKABLE GREEN LID, DIMENSIONS:1:8FPiBOTTOM DIAMETER, 18 TREES Prairifire crabapple trees (Malus x Prcirifire) Honey locust trees (Gleditsia triacanthos) White Ash trees (Froxinus americana) Chanticleer Pear trees (Pyrus calleryana) U PLANTS & TREES PER CITY SPECS — RAINBIRD DRIP SYSTEM 701 F&7 O3 SWALE EDGES 1:2 SLOPE TO BE GRASS WHERE PRACTICAL AND WHERE DEEPER DO TO NARROW LOCATION COVER WITH ROCKS OVER WEED BARRIER M..�- , 1 � EXISTING TOWNHOUSES \ BUILDING 2¢ -� S 00'48'52" E 50.00' E 00'10'41" W 117.00' ONE 1------ i'�'GRASS SWALE:. ............... A' .1. '.fit ...... - ......................: ZONE—?—....--- ........ 2 21� NEW TOVWNH USE rQ.¢ I ra;3 i I. . 1 f.`.` UNIT UNIT UNIT UNIT UNIT UNIT w f 6 5 4 3 2 1 >_ L'o .I L .N I I I 1 � Tx �m m E 00'10'41" W 50.00' TT a E 00'10'41" W 117.00' r—� LANDSCAPE PLAN SCALE: 1"=20'—O" 24x36 SCALE: 1"=40'—O" 13x19 LANDSCAPING NOTES: nothing over aft high within the sight line 40'x40' triangle. smalls sM1 . &plants ak. REVD 03/22/21 WEST SIDE OF BUILDING LAWN, AND SHRUBS NORTH & SOUTH SIDES OF COMPLEX LAWN, TREES ALL OUTSIDE PERIMETER WITH GRASS STEPPED SWALES PAVED DRIVE WITH 400 SF LAWN FOR EACH UNIT SURROUNDING AREA'S ALONG BEHIND AND ON THE SIDES OF THE BUILDING TO RECEIVE GRASS IN AND OUT OF THE RETENTION SWALES. PROVIDE 18 TREES MAX 1 1/2 TO 2" DIA. TRUNK TYPICAL AT ROAD INTERSECTION WHERE GOOD VISIBILITY IS REQUIRED NO TREES OR SHRUBS OVER 3 FT. OR ANY OBJECT BLOCKING THE VIEW OF TRAFFIC OR PEDESTRIANS (40'x40' SITE LINE TRIANGLE) Exhibit 2b: Additional Information U T Q NQ U� N U L I S� U S o � N U L U UOQ z L J E V 1 0n� O � 9 O O LAWN CONSULTANT: Gate City Builders Jonathan Vincent 208-221-5537 XceI Engineering Paull—Ba stian 208308-1522 Trail Creek Engineering Jared Daniels 208-269-6159 Summit Land Surveyinc Matt Baker 208-380-9871 STAMP: ROSSf'fER MRCEDTECTURE LICENSED ARCHITECT MARSHALL S. ROS9IER UCENSE AR -2419 STATE OF IDAHO PROJECT: GATE CITY BUILDERS 2021 TOWNHOUSE PROJECI CHUBBUCK, ID DRAWING TITLE: LANDSCAPE PLAN LEGEND AND NOTES DATE: 03/22/21 40'x40' SIGHT LINE TRIANGLE AND NOTE ADDED L. I Conditional Use Permit Questionnaire Applicant: C-' a-� G.z,.� t� l ✓� c_ Address: . 'LIS' City: State: _ _ :119 Zip: �6 ;;2y Spring Cove CUP Exhibit 2: CUP Questionnaire CHUBBUCK IonH0 1. Describe how this application will be beneficial to the neighborhood or otherwise foster public health, safety or welfare. 2. How will this Application produce a positive impact on transportation facilities, public utilities, public parks or the natural environment? 3. What account has been taken of noise and traffic conditions in the vicinity of the land for which the application is sought? 4. What account has been taken of the character and use of the buildings and land adjoining and in the vicinity of the property for which the permit is sought, together with the number of persons residing or working in such buildings or upon said land? How is the proposed development compatible? 1 of 3 Revised 1-25-2017 PBA Spring Cove CUP Exhibit 2: CUP Questionnaire Conditional Use Permit Questionnaire 5. Explain how the permit, if granted, will not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape or natural scenery of said land? IAp o C, « P? s" Ave_ � 6. What considerations have been given to the aesthetic qualities of the proposed use and surrounding lands? .-i �� ` % ^tel F----A-i 1s -T\& .: ,\ln.0 s -e - " 7. Address how adverse impacts on other developments within the City have been minimized as much as possible. t 8. Describe the sequence and timing of the proposed development. 9. How will the development be properly maintained? 1 V�12� f1 Z��7 2 of 3 Revised 1-25-2017 PBA Spring Cove CUP Exhibit 2: CUP Questionnaire Conditional Use Permit Questionnaire 14 Designate the exact location and nature of the development. C 11. Which on-site or off-site public services are required for this development? (E.g. - Sanitation, Water, sewer, other.) 12. List which, if any, studies of social, economic, or environmental effect have been required of this application. (Examples: Traffic Study, Water or Sewer Capacity Study, Storm -Water Drainage, etc.) 3 of 3 Revised 1-25-2017 PBA Spring Cove CUP Exhibit 4: Current Zoning Map Spring Cove CUP Exhibit 5a: Comprehensive Plan Future Land Use Map Spring Cove CUP Exhibit 5b: Comprehensive Plan Policies Relevant to the Application COMPREHENSIVE PLAN CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INR - 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 within City limits and 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 COMMENT The project is surrounded on most sides by developed land and can be 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 on most sides by developed land and can be considered on infill parcel. GOAL 4.3 PROVIDE CONVENIENT COMMERCIAL SERVICE LOCATIONS AND LIMIT THEIR ADVERSE IMPACTS ON TRANSPORTATION SYSTEMS, RESIDENCES, AND VISUAL INTEGRITY OBJECTIVE 4.3.2 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 project is in C-2 zoning within the corridor, but is a residential proposal. 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 map designates the area as Commercial, a category intended for C-1 and C-2 zoning — townhouses are conditionally permitted in either zone. 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 Design Review Committee has been working with the applicant to adhere to access, landscaping, and other site development standards to ensure it is compatible with neighboring uses. POLICY f. Encourage residential infill in suitable locations COMMENT The property is nearly surrounded by developed land and is considered infill. POLICY g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT The site will consume less than V2 acre of commercial zoned land. OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas POLICY b. Locate mixed-use areas along Yellowstone Avenue and in new neighborhood centers COMMENT The project is a key to created mixed use in the Commercial zone along Yellowstone. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 194�0t\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 B A 0 Spring Cove CUP 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 project although small is at a medium to high density and close to the PRT bus route. OBJECTIVE 5.1.5 Encourage bicycle and pedestrian systems that support transit and provide an alternative means to access commercial centers, neighborhood employment centers, and public services such as schools and parks POLICY a. Continue to implement standards for sidewalks to be constructed at the time of subdivision development COMMENT The sidewalks on Park Lawn Ave are in place. OBJECTIVE 5.1.7 Provide a connected network of pedestrian -friendly streets and pathways POLICY g. Provide sidewalks along both sides of all public streets COMMENT The sidewalks on Park Lawn Ave are in place. OBJECTIVE 5.1.8 Use innovative transportation design strategies to promote pedestrian -oriented development and infill POLICY a. Allow access lanes (public or private streets) to provide access for infill properties that are landlocked or have restricted access; access lanes are generally narrower than normal city streets and may provide access for up to 12 dwellings, depending on connectivity COMMENT The project will share a driveway with Tastee Treet, which will be mutually beneficial when it is completed. It will also provide access to the remainder of the parcel south of Tastee Treet. 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 a. Bulk and height of the new residential infill and redevelopment projects shall be similar in scale to surrounding residential development COMMENT The units will be slightly smaller, and lower density, than the adjacent Falls townhomes. POLICY c. Encourage the development of well -landscaped parking lots and buffer strips on major corridors COMMENT I The landscaping plan includes complete landscaping strips on three sides of the property. 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 project is within the city limits and the USB. GOAL 7.5. MANAGE STORMWATER RUN-OFF TO REDUCE SOIL EROSION AND FLOODING OBJECTIVE 7.5.1 Develop and keep up-to-date, a cost-effective and environmentally sensitive stormwater facility master plan POLICY a. Encourage new development to retain stormwater runoff on-site COMMENT Per city standards, the site will be design to retain stormwater on site. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us Spring Cove CUP POLICY d. Limit development on steep slopes COMMENT The site is relatively flat. GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC BUILDINGS AND UTILITY SYSTEMS OBJECTIVE 7.7.1 Manage the cost of providing public services to the community POLICY a. Encourage compact development in order to reduce the cost of providing public services COMMENT The project is small and compact, and all services are available to the site. CHAPTER 9: NATURAL RESOURCES GOAL 9.4 MINIMIZE THE IMPACT OF NEW DEVELOPMENT ON NATURAL FEATURES OBJECTIVE 9.4.2 Protect and maintain critical wildlife habitat, significant natural features, and other sensitive lands within the City POLICY b. Maintain riparian vegetation along streams, wetlands, and water bodies to benefit wildlife COMMENT There are no such habitats on site. OBJECTIVE 9.4.3 Protect steep slopes from erosion and destruction during development POLICY b. Manage hillside development to benefit slope stability, storm drainage management, wildfire protection, and aesthetics COMMENT The site is relatively flat. 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 Townhouses/townhomes are less common in the city, the project will contribute to the variety of housing types. 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 Design Review Committee has implemented the tools above while working with the applicant on the site plan and other details. 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 POLICY c. Multi -family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers; encourage large apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks COMMENT The request is for medium to high density residential, and is within walking distance of Capell Park. CHAPTER 13: SCHOOL LOCATION AND TRANSPORTATION GOAL 13.1 DELIVER OUR CHILDREN SAFELY TO SCHOOL OBJECTIVE 13.1.2 Create opportunities for children to walk safely to school POLICY a. Establish a system of paths, sidewalks, bike lanes and routes that permit safe access to city schools PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 1940�t_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us Spring Cove CUP COMMENT Existing sidewalks connect the project site to Chubbuck Elementary. POLICY b. Consider pedestrian access to nearest school during site plan review COMMENT Existing sidewalks connect the project site to Chubbuck Elementary. POLICY c. Require sidewalks along both sides of public streets COMMENT Sidewalks are in place on both sides of Park Lawn Ave. 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 Existing sidewalks connect the project site to Chubbuck Elementary. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /944�c-\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us Spring Cove CUP Exhibit 6a: Mailing List STEVEN PORTER BENITO CHAVEZ COREY SNOW 923 BOYD ST 974 W QUINN RD 5520 FLOWERING DOGWOOD LN CHUBBUCK, ID 83202 CHUBBUCK, 1D 83202 CHARLOTTE, NC 28270 JASMES DEATHERAGE GREG ROMRIELL HOMEOWNER 3142 N 55 W 1264 PALMER LN 179 W PARK LAWN DR #1 IDAHO FALLS, ID 83402 POCATELLO, ID 83201 CHUBBUCK, ID 832.02 ERIC GUTI EREZ HOMEOWNER HOMEOWNER 1.79 W PARK LAWN DR #2 179 W PARK LAWN DR #3 179 W PARK LAWN DR #4 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 HOMEOWNER HOMEOWNER SHANE REICHEIRT 179 W PARK LAWN DR #5 179 W PARK LAWN DR #6 179 W PARK LAWN DR #7 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 KENT JOHNS JONATHAN VINCENT GINA UNDERWOOD 179 W PARK LAWN DR #8 975 E PIDCOCK RD 159 W PARK LAWN DR #2 CHUBBUCK, ID 83202 INKOM, ID 83245 CHUBBUCK, ID 83245 HOMEOWNER GENE DUELLING HOMEOWNER 159 W PARK LAWN DR #3 159 W PARK LAWN DR #4 159 W PARK LAWN RD #5 CHUBBUCK, ID 83245 CHUBBUCK, ID 83245 CHUBBUCK, ID 83245 HOMEOWNER MASON UNDERWOOD MANNY QUINTERO 159 W PARK LAWN DR #6 159 W PARK LAWN DR #7 159 W PARK LAWN DR #8 CHUBBUCK, ID 83245 CHUBBUCK, ID 83245 CHUBBUCK, ID 83245 AVALON PARK LTD PARTNERSHIP 4481 N DRESEN PLACE GARDEN CITY, ID 83714 JAMES DAVIES 2463 ANDREW POCATELLO ID 83201 JONATHAN VINCENT 975 E PIDCOCK RD INKOM ID 83245 JOHN DEL DEBBIO 51.72 MESQUITE DR CHUBBUCK ID 83202 SHARON CORVELLO 8419 SCOTTS VALLEY RD H I LMAR CA 953240000 DVM PROPERTIES 5262 YELLOWSTONE AVE CHUBBUCK ID 83202 WILLIAM EVANS MATRIX INVESTMENTS HENERY NUNEZ 8429 GARDEN ST 181 ADAMS ST 147 ADAMS ST ALTA LOMA CA 917010000 CHUBBUCK ID 83202 CHUBBUCK ID 83202 Spring Cove CUP Exhibit 6a: Mailing List ALAN ROMMEL SPRING PASRK MOA FALLS SUBDIVISIOI 975 E PIDCOCK RD 1264 PALMER LN 1200 SHOUP ST INKOM ID 83245 POCATELLO ID 83201 SALMON ID 83467 Spring Cove CUP Exhibit 6a: 300' Notification Area F UUl If- 1NULII R -a LIWI l ��� � 4tla,n nr rsarrk {nr a gni ire .n rhs min Address Q 1,/ i 52G Switchback f _ 5262 mokoPom Q Apply a search distance 150 300 Feet Addressee Uyer Pa rrel Owner Formai � .^.�mm�.�epereE�d v�kles 6 2 Arlrlrws.tacfML 1 nrl: do you want Sir.. 214 or Exhibit 6b: Site Posting Sign posted March 22, 2021 Spring Cove CUP NOTICE OF PUBLIC HEARING CITY OF CHUBBUCK, IDAHO NOTICE IS HEREBY GIVEN that the Land Use & Development Commission of the City of Chubbuck, Idaho, will conduct a Public Hearing at 7:00 pm on April 13, 2021. Due to COVID-19 and CDC best practices for social distancing, the public meeting will occur via web -conference and telephone. This meeting will be available to the public electronically or by phone. In-person attendance is allowed, but Attending via Zoom or phone is highly recommended and requested. Attendance is limited in accordance with Governor Little's Stage 3 order. MASKS/FACE COVERINGS ARE RECOMMENDED. Public hearings will be held with respect to the following item: 1. A proposal by city staff to replace existing Chapter 18.28 Administration of the Land Use Ordinance with a rewritten chapter 18.28 Administration, setting forth a new scope, procedures, requirements, and review and approval criteria for conditional use permits, variances, comprehensive plan amendments, title text and map amendments, annexations, appeals of administrative and land use and development commission decisions, and for requests for reconsideration of City Council decisions. Type of Action: Recommendation. An application for a Conditional Use Permit to build 4-plex apartments on approximately 2.05 acres of land under application for approval in the General Commercial (C-2) zone (currently in the Limited Residential (R-2) zone). Subject property is in the NW X of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 251 W. Linden, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial. Type of Action: Decision. 3. An application for a Conditional Use Permit to build townhouses on approximately .40 acres of land in the General Commercial (C-2) zone. Subject property is in the NW X of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 151 W. Park Lawn Drive, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial. Type of Action: Decision. Join Zoom Meeting (no webcam is necessary to participate https://us02web.zoom.us/j/83800210703`?pwd=bUE3NDNgK3dwbXE5 W GIISTBST 1 R6dzO9 Meeting ID: 838 0021 0703 Password: 735362 General information on joining a Zoom meeting can be found at https://support,zoom.us/hc/en- us/articles/201362193-joining-a-Meeting. Or to Join by Phone: +1669 900 6833 US +1346 248 7799 US A complete description of each item is available to the public on request to jbowers@cityofchubbuck.us. Commission packet will be available upon request to the same email by April 7, 2021. Any and all persons may register comments, protests, or agreements on the hearing subjects being considered. Oral testimony concerning these proposals may be offered at the public hearing. Commission may limit oral testimony. Written testimony must be received byjbowers@cityofchubbuck.us at least 7 days prior to the hearing, shall comply with standards established in City Code 18.28.020.D.7., and shall be considered public record. Any person needing special accommodations to participate in the meeting should contact the City Clerk, Joey Bowers at ibowers@cityofchubbuck.us at least 24 hours prior to the meeting. Joey Bowers, City Clerk Publish: March 21, 2021 Community Services Department Planning Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 CHUBBUCK 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us I D A H 0 April 13, 2021 NOTICE IS HEREBY GIVEN that the Land Use and Development Commission of the City of Chubbuck, Idaho, will conduct a public hearing and deliberation at 7:00 PM on April 13, 2021 at Chubbuck City Council Chambers, 5160 Yellowstone Avenue, Chubbuck, Idaho. Pursuant to Idaho and City codes, as a property owner of record within a defined distance or as a political subdivision/utility as is otherwise required by law, you are provided special notice of the following proposal which will be considered as a public hearing such that you are notified of your opportunity to testify for, neutral to, or against the proposal. Due to COVID-19 and CDC best practices for social distancing, the public meeting will occur via web - conference and telephone. Details on how to attend the meeting and participate are found below. A public hearing will be held with respect to the following item: An application for a Conditional Use Permit to build 4-plex apartments on approximately 2.05 acres of land under application for approval in the General Commercial (C-2) zone (currently in the Limited Residential (R-2) zone). The Comprehensive Plan Future Land Use map designates this area as Commercial. Location: The subject property is in the NW'/ of Section 70, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 257 W. Linden, Chubbuck, ID. Type of Action: Decision. Subject prop I � +� WI:Lr 'P.unvll (Excerpted from application, see file for more complete details) The application materials are now available for the public to review upon request at the City Offices, or by contacting via email or phone. See other side for contact information and an illustration of the project. Any and all persons may register comments, protests, or agreements on the hearing subjects being considered. Written testimony must be received by Planning Services at least 7 days prior to the hearing (April 6, 2021), shall comply with standards established in City Code 18.28.020, and shall be considered public record. Complete staff reports will be available at City Hall by April 7, 2021 and will include written testimony received prior to the deadline. Ora! testimony concerning these proposals may be offered during the public hearing. Commission may limit oral testimony. As a site-specific request, the Commission will evaluate the proposal against specific criteria established in Chubbuck City Code 18.28. Specifically: 1. The use for which such permit is sought must not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought shall not produce an adverse impact on the economic values of adjacent properties. 3. The permit sought shall not produce a negative impact on transportation facilities, public utilities, schools, public parks or the natural environment any greater than had the strict terms of this title been satisfied. 4. Account shall be taken of noise and traffic conditions in the vicinity of the land for which the permit is sought. S. Account shall be taken of the character and use of the buildings and land adjoining and in the vicinity of the property for which the permit is sought, together with the number of persons residing or working in such buildings or upon said land; and the permit, if granted, shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape of said land. 6. Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands. 7. Account shall be taken of the support or opposition expressed by persons entitled to receive notice of the conditional use permit application. 8. The applicant shall show that he has taken all reasonable steps to comply with the strict terms of this title. If the applicant can show that the uses "allowed" under this title are not feasible, such showing shall support an application for a conditional use permit. 9. Adverse impact on other development within the city shall be minimized as far as possible. 10. The sequence and timing of any development conditionally permitted hereunder may be controlled as appropriate. 11. The duration of any development conditionally permitted hereunder may be controlled. 12. Any permit granted hereunder may contain provisions for assuring that the development is maintained properly. 13. Any permit granted hereunder may designate the exact location and nature of the permitted development. 14. Any permit granted hereunder may require the provisions for on site or off site public facilities or service. 15. Any permit granted hereunder may require more restrictive standards than those otherwise required by this title. 16. Notwithstanding the time deadlines established elsewhere in this title for processing applications, the city council may, if it deems such action necessary, require studies of the social, economic, fiscal and environmental effects of the proposed conditional use prior to the granting or denying of the application therefor, and the applicable time deadline shall be extended accordingly. How to participate in the public meeting from any location: Meeting ID: 838 0021 0703 Password: 735362 Web Conference (no webcam is necessaW Or to Join by Phone: https://us02web.zooni.us/i/83800210703'1pwd—bUE3NDNgK3dwbXE5WGIISTBSTIR6dzO9 +1 669 900 6833 US +1 346 248 7799 US General information on joining a Zoom meeting can be found at +1 253 215 8782 US httl2s://support.zoom.us/hc/en-us/articles/201362193-Joining-a-Meeting Any person needing special accommodations to participate in the meeting should contact Joey Bowers, City Clerk, at 208.237.2400 at least 24 hours prior to the meeting. Don Matson, MSP, AICP dmatson@cityofchubbuck.us Planning Services Manager (208) 239-3252 CHUBBUCKPRO PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www. C ity ofCh u b b u ck. u s — Jg�� CHUBBUCK 1 H A H 0 Community Services Department Planning Services Division PO Box 5604 -- 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 April 13, 2021 www.CityofChubbuck.us NOTICE IS HEREBY GIVEN that the Land Use and Development Commission of the City of Chubbuck, Idaho, will conduct a public hearing and deliberation at 7:00 PM on April 13, 2021 at Chubbuck City Council Chambers, 5160 Yellowstone Avenue, Chubbuck, Idaho. Pursuant to Idaho and City codes, as a property owner of record within a defined distance or as a political subdivision/utility as is otherwise required by law, you are provided special notice of the following proposal which will be considered as a public hearing such that you are notified of your opportunity to testify for, neutral to, or against the proposal. Due to COVID-19 and CDC best practices for social distancing, the public meeting will occur via web - conference and telephone. Details on how to attend the meeting and participate are found below. A public hearing will be held with respect to the following item: An application for a Conditional Use Permit to build townhouses on approximately .40 acres of land in the General Commercial (C -z) zone. The Comprehensive Plan Future Land Use map designates this area as Commercial. Location: The subject property is in the NW 114 of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located 757 W, Park Lawn Drive, Chubbuck, 1D. Type of Action: Decision. The application materials are now available for the public to review upon request at the City Offices, or by contacting via email or phone. See other side for contact information and an illustration of the project. Any and all persons may register comments, protests, or agreements on the hearing subjects being considered. Written testimony must be received by Planning Services at least 7 days prior LO the hearing (March 31, 2021), shall comply with standards established in City Code 18.28.020, and shall be considered public record. Complete staff reports will be available at City Hall by April 1, 2021 and will include written testimony received prior to the deadline. Oral testimony concerning these proposals may be offered during the public hearing. Commission may limit oral testimony. As a site-specific request, the Commission will evaluate the proposal against specific criteria established in Chubbuck City Code 18.28. Specifically; 1. The use for which such permit is sought must not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought shall not produce an adverse impact on the economic values of adjacent properties. 3. The permit sought shall not produce a negative impact on transportation facilities, public utilities, schools, public parks or the natural environment any greater than had the strict terms of this title been satisfied. 4. Account shall be taken of noise and traffic conditions in the vicinity of the land for which the permit is sought. 5. Account shall be taken of the character and use of the buildings and land adjoining and in the vicinity of the property for which the permit is sought, together with the number of persons residing or working in such buildings or upon said land; and the permit, if granted, shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape of said land. 6. Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands. 7. Account shall be taken of the support or opposition expressed by persons entitled to receive notice of the conditional use permit application. 8. The applicant shall show that he has taken all reasonable steps to comply with the strict terms of this title. If the applicant can show that the uses "allowed" under this title are not feasible, such showing shall support an application for a conditional use permit. 9. Adverse impact on other development within the city shall be minimized as far as possible. 10. The sequence and timing of any development conditionally permitted hereunder may be controlled as appropriate. 11. The duration of any development conditionally permitted hereunder may be controlled. 12. Any permit granted hereunder may contain provisions for assuring that the development is maintained properly. 13. Any permit granted hereunder may designate the exact location and nature of the permitted development. 14. Any permit granted hereunder may require the provisions for on site or off site public facilities or service. 15. Any permit granted hereunder may require more restrictive standards than those otherwise required by this title. 16. Notwithstanding the time deadlines established elsewhere in this title for processing applications, the city council may, if it deems such action necessary, require studies of the social, economic, fiscal and environmental effects of the proposed conditional use prior to the granting or denying of the application therefor, and the applicable time deadline shall be extended accordingly. How to participate in the public meeting from any location: Meeting ID: 838 0021 0703 Password: 735362 Web Conference no webcam is necessary Or to Join by Phone: httt)s://us02Nveb.zooni.us/i/83800210703?L)wd—bUE3NDNgK3dwbXE5WGItSTBSTIR6dzO9 +1 669 900 6833 US +1 346 248 7799 US General information onjoining a Zoom meeting can be found at +1 253 215 8782 US https.1/support.zoom.us/hc/en-us/articies/201362193-Joining-a-Meeting Any person needing special accommodations to participate in the meeting should contact Joey Bowers, City Clerk, at (208) 237-2400 at least 24 hours prior to the meeting. City of Chubbuck contact: Don Matson, MSP, AICP dmatson@cityofchubbuck.us Planning Services Manager (208) 239-3252 CHUBBUCK9 a PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChu bbuck.us CHUBBUCK I D A H O Memo Community Services Department Planning Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 To: Land Use and Development Commission From: Don Matson, Planning Manager Date: March 30, 2021 www.CityofChubbuck.us Re: Discussion of potential amendments to City Code Chapter 18.13 Wireless Telecommunications Facilities Thank you for your time to date in reviewing and discussing proposed amendments to City Code Chapter 18.13 regarding wireless communication facilities (WCF). Much of the effort is to bring the City into compliance with Spectrum Act and subsequent rulings by the FCC. Attached is a draft ordinance with significant proposed changes to current city code. The document is based on the file discussed on March 11. 2021 (Exhibit 2). The file includes colored text reflecting changes made after the meeting. • Blue text indicates changes made pursuant to the March 11 discussion. • Brown text indicates suggestions from staff. • If you need a separate file, such as in black and white, to see the change, please contact me at dmatson@cityofchubbuck.us. Changes can be found on pages 1, 3-4, 6-8,18-22, and 24. The most significant change is to the two tables in sections 18.13.120 and the subsequent section (unnumbered). They are combined in one table in section 18.13.120, pages 20-21. See Exhibit 1 for the complete table, incorporating all changes. If there are no significant changes suggested at the April 13, 2021 discussion, a public hearing will be scheduled for the May 11, 2021 meeting. EXHIBITS 1. Draft WCF Permits and Zoning Table 2. Draft Chapter 18.13 Wireless Communications Facilities Exhibit 1 Draft WCF Permits and Zoning Table TYPE OF PERMIT(S) AND LAND USE DISTRICT P = Permitted X = Not Permitted C = Conditionally Permitted F = Permitted under Franchise Agreement with City Council DR = Design Review BP = Building Permit Zoning Agriculture Residential, Limited General Industrial WCF Type' PUD, CC Comm. Comm. Minor Changes - Eligible P P P P P Facilities Modifications' BP BP BP BP BP Substantial Changes' C C C P P DR, BP DR, BP DR, BP DR, BP DR, BP DAS / Small Facilities, P C2 P P P Building Installation' DR, BP DR, BP DR, BP DR, BP BP DAS / Small Facilities, Support P3 C3 P3 P3 P Structure Installation' DR, BP DR, BP DR, BP DR, BP BP Roof Mounted WCF <10' P2 C2 P P P DR, BP DR, BP DR, BP BP BP Roof Mounted WCF >10' X X C P P - - DR, BP DR, BP BP New Tower <60' or Base C4 C4 C4 C P5 Station DR, BP DR, BP DR, BP DR, BP DR, BP New Tower >60' X X X X P5 - - - - DR, BP Any WCF in ROW' F F F F F 1. See 18.13.030 Definitions for clarification. 2. Stealth design is required. 3. Height not to exceed 50' from grade to top of antenna. See 18.13.030 Definitions for additional information. 4. Stealth design is required; city property only with hearing before the City Council. 5. If the tower location is in a city park, a conditional use permit is required. 6. Any WCF located in the Right -of -Way must meet all other requirements for the type of facility. 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 2: Draft Chapter 78.73 CHUBBUCK CITY CODE CHAPTER 18.13 WIRELESS T -E ECOMMUNIC T -IO S COMMUNICATION FACILITIES As presented 3/11/21 to LUDC - with proposed additions and deletions Comments from LUDC meeting on 3/11/21 - proposed additions and dolma Post LUDC meeting on 3/11/21 - staff proposed additions and deletions SECTION: 18.13.010: Purpose 18.13.020: Policy Statement 18.13.030: Definitions 18.13.040: Compliance With Chapter; Nonconforming Uses 18.13.050: Exemptions 18.13.060: Recognition Of Industry Site Selection Criteria 18.13.070: Site Selection Criteria 18.13.080: Priority Of Locations 18.13.090: Use Priority On Public Property And Siting Requirements 18.13.100: Modification and Collocation of Antennas. DAS. and Small Cells 18.13.110: Design Criteria 18.13.120: Permits Required 18.13.XXX: WCF Facilities and Uses by Land Use District 18.13.XXX: Permit Review Time Requirements 18.13.130: inspection Maintenance Requirements 18.13.XXX: Antenna Support Structure Safety (move from location below 18.13.160) 18.13.140: Landscaping; Screening 18.13.150: Abatement. Nonuse;. and Abandonment 18.13.160: Third Party Review 18.13.170: Remedies 18.13.010: PURPOSE: A. These standards were developed to protect the public health, safety, and welfare, to protect property values and minimize visual impact while furthering the development of enhanced wireless communication and telecommunication services in the city. These standards were designed to comply with the telecommunications act of 1996 and subsequent congressional actions and rulemaking by the Federal Communications Commission (FCCI. The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. B. To the extent that any provision of this chapter is inconsistent or conflicts with any other city ordinance, this chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the city. C. In reviewing any application to provide personal wireless service or to install personal wireless service facilities, the city shall act within a reasonable period of time, taking into account Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 1 Exhibit 2: Draft Chapter 18.13 the nature and scope of the application. The city shall approve, approve with condition, or deny the application in accordance with the time frames set forth in this title and in accordance with other applicable ordinances and regulations of the city. (Ord. 535 §2, 2000) 18.13.020: POLICY STATEMENT: The purpose of this chapter is to establish general guidelines for the siting of towers and antennas. The goals of this chapter are to: a) enhance the ability of personal wireless service providers to provide such services throughout the city quickly, effectively, and efficiently; b) encourage personal wireless service providers to locate towers and antennas in nonresidential areas; c) encourage personal wireless service providers to collocate on new and existing tower sites in order to minimize the number of towers within the city; d) encourage personal wireless service providers to locate towers and antennas, to the extent possible, in areas where the adverse impact on city residents is minimal; and e) encourage personal wireless service providers to configure towers and antennas in a way that minimizes any significant adverse visual impact. Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary: A. To manage the location of towers and antennas in the city; B. To protect neighborhoods from potential adverse impacts of towers; C. To minimize adverse visual impacts of towers through careful design, siting, landscape screening, and innovative camouflaging and screening techniques; D. To accommodate an increased need for towers to serve the wireless communications needs of city residents; E. To promote and encourage collocation on existing and new towers as an option rather than construction of additional single use towers, and to reduce the number of such structures needed in the future; F. To promote and encourage utilization of technology and designs to either eliminate or reduce the need for new tower structures to support antenna and other communication facilities. -1G. To consider the public health and safety of towers to the extent permitted by federal law and other regulations set forth by the FCCthe telecommunications act of 1996; and Q.H. To avoid potential damage or adverse impacts to adjacent properties through sound engineering practices, construction, modification, maintenance, and the proper siting of antenna and support structures, and removal when no longer used or are determined structurally unsound. (Ord. 535 §2, 2000) I. To ensure that wireless communications facilities are compatible with surrounding land uses to the greatest extent reasonably possible 18.13.030: DEFINITIONS: For the purposes of this chapter, the following terms shall have the meanings ascribed to them below: #. ABANDONMENT: ***note - the definition numbers will likely change during the update process, so no numbers are assigned*** A. To cease operation for a period of sixty (60) or more consecutive days; B. To reduce the effective radiated power of an antenna by seventy five percent (75%) for sixty (60) or more consecutive days; C. To relocate an antenna at a point less than eighty percent (80%) of the height of an antenna support structure; or Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 2 Exhibit 2: Draft Chapter 78.73 D. To reduce the number of transmissions from an antenna by seventy five percent (75%) for sixty (60) or more consecutive days; provided that nonoperation or reduced operation for a period of sixty (60) or more consecutive days to facilitate maintenance, redesign or other changes about which the city was notified in advance shall not constitute abandonment. #. ANTENNA: Any exterior apparatus designed for telephonic, radio, data, internet, or television communication through the sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower or building for the purpose of providing personal wireless services, including unlicensed wireless telecommunications services, wireless telecommunications services utilizing frequencies authorized by the federal communications commission for "cellular", "enhanced specialized mobile radio" and "personal communications services", telecommunications services, and its attendant base station. This definition does not apply to antennas desie-ned for amateur radio use Aff c;I*^"fl*^ dish-ec -f^r r e SJd-ent ^' or household #. ANTENNA EQUIPMENT: Any equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, located at the same fixed location as the antenna and when collocated on a structure, is mounted or installed at the same time. Antenna equipment includes, but is not limited to, radio transceivers, as switches, regular and backup power supply. shelters or cabinets, wiring, and coaxial, fiber optic and other cables. #. ANTENNA HEIGHT: The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height. #. ANT-ENNA SUPPORT STRUCTURE: Any pole, teleseeping mast, tower-, tFipecl, meneaaj�j:base fFequeney signals. (merged with definition for Support Structure, separated from Tower definition) #. APPLICANT: Any provider or any person, partnership, or company who files an application for any permit necessary to install, maintain, or remove a „arses' w releSs Service f cili WCF within the city. #. APPLICATION: A written request submitted by an Applicant to locate or collocate, or to modify a WCF. A complete application includes all wed written documentation and other statements required by the City, and in whatever form made by an applieg*tt-G required by the City concerning such a request. #. BASE STATION: A structure or equipment at a fixed location that enables FCC licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a "tower" as defined in this section or any equipment associated with a tower. It includes, but is not limited to: A. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. B. Radio receivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small cell networksl. C. Any structure other than a tower that, at the time the relevant application is filed with the City under this chapter, supports or houses equipment described under subsections A and B of this definition that has been reviewed and approved by the Citv. Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 3 Exhibit 2: Draft Chapter 78.73 #. CAMOUFLAGED: A personal wi-n-AeSS Se -F -Wee facility that is disguised, hidden, er- inteffated with the existing ?nt and tFees so as to be significantly ser-eened from view. (Redundant with new stealth design definition.) #. CARRIER: A company that provides wireless services. #. CELL SITE OR SITE: A -The current boundaries of a tract or parcel of land and any access or utility easement that contains personal wireless service facilities including any antenna, support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to personal wireless services. #. COLLOCATION: The „se of n personal wireless service facility or cell site by morn than one peFsenal wil-peless serviee r,rn.,iEler. To install, mount, maintain, modify, operate and/or replace a Wireless Communications Facility on an existing support structure, pole, tower, or any other structure capable of supporting such facility. A. Collocation includes modifying an existing structure for the purpose of mounting or installing an antenna facility thereon. B. Collocation does not include the installation of a new pole, tower or support structure. #. CONDITIONAL USE PERMIT OR CUP: A process and approval as described in this title and other appropriate sections of this code. Conditional uses are allowed within a zoning district provided that certain standards (or "conditions") are met that will enhance the compatibility of the proposed use with other surrounding uses. #. DESIGN: The appearance of personal wireless service facilities, including such features as their materials, colors, and shape. #. EIA: The electronics industry association. #. DISTRIBUTED ANTENNA SYSTEM OR DAS: A network consisting of transceiver equipment at a central hub site to support multiple antenna locations throughout the desired coverage area. #. ELIGIBLE FACILITIES MODIFICATION REQUEST: Any EEI fo completed application requesting the modification of an existing structure, specifically a tower or base station that, within the meaning of section 6409(a) of the Spectrum Act (47 USC section 1455(a)), as interpreted by the FCC and regulated by 47 CFR 1.61000, does not substantially change the physical dimensions of that tower or base station, and involves: a) collocation of new transmission equipment, b) the removal of transmission equipment, or Q the replacement of transmission equipment. If a subsequent application if filed to modify an existing tower or base station, the original dimensions of the support structure shall be used to determine if the proposal would constitute a substantial change and whether the application was eligible for consideration per 47 CFR 1.61000. # ELIGIBLE SUPP-O T�STRUCTURE: Ann corfor-mine tower- or- b -as -e station that za wfuziy evirJcs at etime thth eapplication is file,-1filed with the r'i tc, #. EQUIPMENT ENCLOSURE: A structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies and emergency generators. #. EXISTING STRUCTURE: wry A previously erected • ^th^r structure that lawfully exists at the time the application is filed with the City, including but not Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 4 Exhibit 2: Draft Chapter 78.73 limited to, base stations, buildings, transmission towers, utility poles, light poles. traffic signal poles, or similar structures to which wireless facilities can be attached. #. FAA: The federal aviation administration or successor agency. #. FCC: The federal communications commission or successor agency. #. GOVERNING AUTHORITY: The mayor and city council of the city of Chubbuck. MOBILE TRANSMISSION FACILITY: Mevable, nonstationar-y transmission facilities that eentai-a #. MONOPOLE: A single, freestanding pole -type structure supporting one or more antennas and includes, but is not limited to, a utilitypoleor light pole. #. MODIFICATION: The changing of any portion of a personal wireless service facility from its description in a previously approved permit, excluding routine maintenance and repair. Examples include, but are not limited to, changes in design or structure, changes in the heights of towers or monopoles, changes in any accessory structures or appurtenances which are affiliated with or support a personal wireless facility. #. MOUNT: The structure or surface upon which personal wireless service facilities are mounted. There are three (3) types of mounts: A. Building mounted: A personal wireless service facility mount fixed to the roof or side of a building. B. Ground mounted: A personal wireless service facility mount fixed to the ground, such as a tower. C. Structure mounted: A personal wireless service facility fixed to a structure other than a building, such as light standards, utility poles, and bridges. #. PERSONAL WIRELESS SERVICE, PERSONAL WIRELESS SERVICE FACILITIES, AND FACILITIES: Used in this chapter, shall be defined in the same manner as in title 47, United States Code, section 332(c)(7)(C), as may be amended now or in the future and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless services. #. PROVIDER: A corporation, company, association, joint stock company, firm, partnership, sole proprietorship, limited liability company, other entity or individual which provides personal wireless service over personal wireless service facilities. #. REPLACEMENT: Constructing a new support structure of proportions and of equal height or such other height that would not constitute a substantial change to a pre-existing support structure in order to support a facility or to accommodate collocation and removing the pre- existing support structure. #. SCREENING: Placement of a personal wireless telecommunication facility such as a tower or mount among trees or other appropriate vegetation to provide a natural, aesthetic appearance to the location of such personal wireless telecommunication facility. For the purposes of this chapter, screening shall consist of not less than placement of a personal wireless telecommunication facility such as a tower or mount amongst and adjacent to (within 20 feet) three (3) or more trees at least seventy five percent (75%) of the base height of the facility. Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 5 Exhibit 2: Draft Chapter 78.73 #. SECONDARY USE: A use subordinate to the principal use of the property, such as commercial, residential, utilities, etc. #. SECURITY BARRIER: A wall, fence, or berm that has the purpose of securing a personal wireless service facility from unauthorized entry or trespass. #. SMALL WIRELESS FACILITIES: Wireless or cell communication facilities that meet each of the following criteria: A. Facilities: 1. Mounted on structures fifty feet (50') or less in height, including their antennas: 2. Mounted on structures no more than ten percent (10%) taller than adjacent structures: or 3. Do not extend existing structures on which they are located to a height of more than 50 feet by more than 10 percent, whichever is greater: B. Each antenna associated with the request, excluding associated equipment, is no more than three (3) cubic feet in volume: C. All other wireless equipment associated with the structure, including equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty eight (28) cubic feet in volume: and D. The facilities meet all other requirements of the FCC for small wireless facilities. #. STEALTH DESIGN: Technology that minimizes the visual impact of wireless communications facilities by camouflaging, disguising, screening, and/or blending into the surrounding environment. Examples of stealth design include, but are not limited to, towers disguised as trees, flagpoles, or bell towers, and architecturally screened wall or roof mounted antennas. #. SPECTRUM ACT: Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act, 47 USC section 1455(x) (providing, in part. "... a state or local government may not deny, and shall approve, any eligible facilities request for a modification of any existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station."). #. SUBSTANTIAL CHANGES: In the context of an eligible support structure, a modification of an existing tower or base station where any of the following criteria is met: A. Type 1: For any e e existing support structure as defined herein: 1. It involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets: or 2. It entails any excavation or deployment outside of the current site of the tower or base station: or 3. The proposed modification would cause the concealment/camouflage elements of the tower or base station to be defeated: or 4. The proposed modification would not comply with the conditions associated with the prior siting approval of construction or modification of the tower or base station, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new exaction that does not exceed the corresponding thresholds in this section. 5. Small cells mounted on structures fifty ft (50') or less in height or on structures no more than ten percent (10%) taller than adjacent structures with an antenna no more than three (31 cubic feet and a total wireless equipment no more than twenty eight (28) cubic feet. B. Type 2: For all base stations and for an existing tower located in the public right-of-wa3L Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 6 Exhibit 2: Draft Chapter 78.73 1. The height of the tower or base station is increased by more than ten percent (10%) or ten feet (10'), whichever is greater: 2. There is added an appurtenance to the body of that structure that would protrude from the edge of that structure by more than six feet (6'): or 3. It involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure: or 4. It involves the installation of any new equipment cabinets on the ground if there is no preexisting ground cabinet associated with that structure. C. Type 3: For any n-ew tower (not in the public right-of-way): 1. The height of the tower is increased by: a) more than ten percent (10%), or b) by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'), whichever is greater: or 2. There is added an appurtenance to the body of the tower that would protrude from the edge of the tower by: a) more than twenty feet (20'), or b) more than the width of the tower at the level of the appurtenance, whichever is greater: or 3. Towers cannot be located in public rights- of -way. SUPPORT STRUCTURE: A structure designed or modified to support small wireless facilities including, but not limited to, monopoles, vertical facilities, utility poles, r n�d street lights, traffic signal poles, billboards, and other freestanding self-supporting structures under 50' in height. ##. TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facilities including radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like. #. UNLICENSED WIRELESS SERVICES: Commercial mobile services that operate on public frequencies and are not required to have an FCC license to operate. (Ord. 535 §2, 2000) #. WIRELESS COMMUNICATIONS FACILITY (WCF): Any facility that transmits and/or receives electromagnetic signals, including small cells, antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, and including, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, parking area, and other accessory development. However, communications facilities shall not include any satellite earth station antenna 61/2 feet in diameter or less which is located in an area zoned Industrial, C-2 or C-1: or any satellite earth station antenna 3 1/2 feet or less in diameter, regardless of zoning category. 18.13.040: COMPLIANCE WITH CHAPTER; NONCONFORMING USES: A. New Uses: All new antennas and antenna support structures shall comply with the requirements of this chapter after the effective date hereof by which this chapter was adopted. B. Existing Uses: Towers and antennas existing before the effective date hereof by which this chapter was adopted which do not meet the requirements of this chapter shall be allowed to continue as they presently exist, but will be considered nonconforming uses. Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 7 Exhibit 2: Draft Chapter 78.73 Routine maintenance shall be permitted on existing towers and antennas. However, new construction other than routine maintenance on existing towers, antennas, buildings or other facilities shall comply with the requirements of this chapter. (Ord. 535 §2, 2000) 18.13.050: EXEMPTIONS: The following are exempt from the provisions of this chapter and shall be permitted in all zones, unless otherwise specifically provided: A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC. B. Antennas and related equipment no more than three feet (3') in height that are being stored, shipped, or displayed for sale. C. Radar systems for military and civilian communication and navigation. D. Wireless radio utilized for temporary emergency communications in the event of a disaster. E. Licensed amateur (ham) radio stations. F. Satellite earth stations, dishes and/or antennas used for private television reception not exceeding 3 1/2 feet dish anteppasless, than Six and- ^ e -half feet (61P-4 in diameter, including direct to home satellite services, when used as a secondary use of the property. G. Routine maintenance or repair of a PeFSE) al w r^'^cs c^rviee fae;'"M CF and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings), provided that compliance with the standards of this chapter are maintained. H. A government owned WCF installed upon the declaration of a state of emergency by federal, state or local government, or by resolution of public necessity by the city council. Such facility shall comply with all federal and state requirements. The WCF shall be exempt from the provisions of this chapter for up to one week after the duration of the state of emergency I. A temporary, commercial WCF installed for providing coverage of a special event such as news coverage of a sporting event. The WCF shall be exempt from the provisions of this chapter for up to one week before and after the duration of the special event _LSubject to compliance with all other applicable standards of this chapter, a building permit application need not be filed in advance of emergency repairs or maintenance of a personal wireless service facility, provided that the permit application is on file within thirty (30) days of completion of the emergency activity. K. WCFs located in public parks or spaces when deemed desirable by the Council to primarily serve the public and to attract the public and an increasingly mobile workforce to these spaces and to Chubbuck. generally. WCFs under this exemption do not require conditional useep rmits irrespective of zoning district and shall be approved by the Design Review Committeerip or to installation and the committee shall ensure that the facilities are as minimal and unobtrusive as possible to meet the purpose. Installations may be publicly owned or privately owned and under a private -public partnership agreement, facility shall be peFmitted foF a maximum of ninety (90) days or- during an emeFgeney declared b the city. (Ord. 535 §2, 2000) 18.13.060: RECOGNITION OF INDUSTRY SITE SELECTION CRITERIA: In establishing a new site, the industry requires a location that is technically compatible with the established network. A general area is to be identified based upon engineering constraints and the Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 8 Exhibit 2: Draft Chapter 78.73 desired area of service. Specific locations within that general area will be evaluated using the following criteria which are not listed in order of priority: A. Topography as it relates to line of sight transmissions for optimum efficiency in telephone service. B. Availability of road access. C. Availability of electric power. D. Availability of land based telephone lines or microwave link capability. E. Leasable lands, and landlords who want facilities to be located on their properties consistent with zoning regulations. F. Screening potential of existing vegetation, structures and topographic features. G. Zoning that will allow low power mobile radio service facilities. H. Compatibility with adjacent land uses. I. The least number of sites to cover the desired area. J. The greatest amount of coverage, consistent with physical requirements. K. Opportunities to mitigate possible visual impact. L. Availability of suitable existing structures for antenna mounting. (Ord. 535 §2, 2000) 18.13.070: SITE SELECTION CRITERIA: A. Any applicant proposing to construct an antenna support structure, or mount an antenna on an existing structure, shall demonstrate by engineering evidence satisfactory to the city that the antenna location will satisfy its function in the applicant's local network system. Further, the applicant must demonstrate by satisfactory engineering evidence that the height requested is the minimum height necessary to fulfill the site's function within the local network system. Notwithstanding this provision, applicant may also propose a height greater than the minimum necessary in order to plan for and accommodate collocation of other facilities on the same structure. B. Applications for necessary permits will only be processed when the applicant demonstrates either that it is an FCC licensed telecommunications provider or that it has agreements with an FCC licensed telecommunications provider for use or lease of the support structure. C. Low power mobile radio service facilities shall be located and designed to minimize any significant adverse impact on residential property values. Facilities shall be placed in locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. D. In all zones, location and design of facilities shall consider the impact (including visual) of the facility on the surrounding neighborhood. In all zones, towers shall be significantly screened to the extent that it does not result in significant signal degradation. If there are no trees to provide screening, the site shall utilize significant and satisfactory camouflage or other design/construction methods so as to provide compatible aesthetics of and around the site, to the fullest extent reasonably possible, as determined through the design review or conditional use permit process. (Ord. 535 §2, 2000) 18.13.080: PRIORITY OF LOCATIONS: A. Order Of Priorities: The order of priorities for locating new personal wireless service facilities shall be as follows: Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 9 Exhibit 2: Draft Chapter 78.73 1. Place antennas on existing towers and structures on public property where other antennas are already located, if practical. 2. Place antennas and towers on public property if practical. 3. Place antennas on appropriate rights of way and existing structures, such as buildings, towers, water towers and smokestacks; provided that this shall not include nonconforming structures or uses. 4. Place antennas and towers on industrial property in districts zoned for industrial uses. 5. Place antennas and towers on commercial property in districts zoned for commercial uses. 6. Place antennas and towers on property in districts zoned for mixed commercial and residential use which does not adjoin or adversely impact residential neighborhoods. 7. Place antennas and towers on commercial property in districts zoned for mixed commercial and residential uses. 8. Place antennas and towers on other nonresidential property. 9. Place antennas on multi -family residential structures exceeding thirty feet (30') in height. 10. Place antennas and towers on property in residential zones only if: a) locations are not available on existing structures or in nonresidential districts; and b) locations are on or in existing churches, parks, schools, utility facilities, or other appropriate public facilities. B. Location In Residential Zones: 1. An applicant that wishes to locate a new antenna support structure in a residential zone shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government facility, a private institutional structure, or other appropriate existing structures within a nonresidential zone, and that due to valid considerations including physical constraints, and economic or technological feasibility, no appropriate location is available. 2. The information submitted by the applicant shall include: a) a map of the area to be served by the tower or antenna, b) its relationship to other cell sites in the applicant's network and a network master plan, and c) an evaluation of existing buildings taller than thirty feet (30'), within one-fourth (1/4) mile of the proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals. (Ord. 535 §2, 2000) 18.13.090: USE PRIORITY ON PUBLIC PROPERTY AND SITING REQUIREMENTS: A. Use Priority: Where public property is sought to be utilized by an applicant, priority for the use of city owned land for wireless antennas and towers will be given to the following entities in descending order: 1. City of Chubbuck; 2. Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the city of Chubbuck and private entities with a public safety agreement with the city of Chubbuck; 3. Other governmental agencies, for uses which are not related to public safety; and 4. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, internet, paging, and similar services that are marketed to the general public. B. Minimum Requirements: The placement of personal wireless service facilities on city owned property must comply with the following requirements: Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 10 Exhibit 2: Draft Chapter 78.73 1. The facilities will not interfere with the purpose for which the city owned property is intended; 2. The facilities will have no significant adverse impact on surrounding properties; 3. The applicant will obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards including cost for removal of facilities at end of lease agreement. The city shall establish fees after considering comparable rates in other cities, potential expenses, risks to the city, and other appropriate factors; 4. The antennas or tower will not interfere with other users which have a higher priority as discussed in subsection A of this section; S. The lease shall provide that, in the case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice, the city may require the applicant to remove the facilities at the applicant's expense; 6. The applicant must reimburse the city for any related costs which the city incurs because of the presence of the applicant's facilities; 7. The applicant must obtain all necessary land use approvals; 8. The applicant must cooperate with the city's objective to encourage collocations and thus limit the number of cell sites requested, and camouflage the site; and 9. The applicant must comply with requirements for maintenance of the facility site, including, but not limited to, keeping lawns mowed, providing litter control and maintaining trees and other vegetation in a healthy state, or such stricter requirements as may be set forth in any design review meeting minutes or conditional use permit, or decision of a reviewing body. C. Special Requirements For Parks: The use of city owned parks for personal wireless service facilities brings with it special concerns due to the unique nature of these sites. The placement of personal wireless service facilities in a park will be allowed only when the following additional requirements are met: 1. The land use and development commission has granted a conditional use permit for the proposed personal wireless service facilities to be located in the park; 2. Before personal wireless service facilities may be located in public parks, the applicant shall demonstrate to the satisfaction of the city of Chubbuck that visual impacts have been mitigated to the fullest extent reasonably possible and that accommodations have been included in the design and placement so that there would be no disruption of normal public use of the park; 3. The applicant shall clearly demonstrate that the placement of the personal wireless service facilities in a public park is absolutely necessary for the effective operation of the applicant's personal wireless service, and that alternate placement would not be reasonably possible. D. Required Submittals: Design review, application for conditional use permit, building permit, and other related requests may include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information in addition to the requirements of applicable codes and regulations of the city of Chubbuck: 1. Photo simulations of the proposed facility from affected residential properties and public rights of way at varying distances; 2. A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, and the proposed color(s) of the facility; 3. A signed statement indicating that: a) the applicant and landowner agree they will diligently negotiate in good faith to facilitate collocation of additional personal wireless service facilities by Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 11 Exhibit 2: Draft Chapter 78.73 other providers on the applicant's structure or within the same site location and b) the applicant and/or landlord agree to remove the facility within sixty (60) days after abandonment; 4. Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC para. 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment; S. A site plan clearly indicating the location, type and height of the proposed tower and antenna, on site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures; 6. A current map and aerial showing the location of the proposed tower, a map showing the locations and service areas of other personal wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city; 7. Legal description of the parcel, if applicable; 8. A current map showing all existing towers and antennas of the applicant located within the city; 9. The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties; 10. A landscape plan showing specific landscape materials; 11. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination; 12. A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations; 13. A statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users; and, if not, the reasons it will not accommodate collocation; 14. Certification acceptable to the city that the equipment, facilities or their use will not interfere with other adjacent or neighboring transmission or reception functions or other neighborhood uses; 15. The telecommunications company must demonstrate that it is licensed by the FCC if required to be licensed under FCC regulations; 16. If the applicant is not the telecommunications service provider, the applicant shall submit proof of lease agreements with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC; 17. A full site plan shall be required for all sites, showing the tower, antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this chapter; and 18. At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the city. (Ord. 755, 2016) 18.13.100: MODIFICATION AND COLLOCATION OF ANTENNAS, DAS, AND SMALL CELLS: A. To minimize -ad-ver-se vi-sual impacts asseciated 1vith the prelifi_�r_atien eftewer-s, cello cati A- n A_f FeqUiFed, except that any OtheF PeFMit, license, lease, OF vequiFements PA-1-1-st be s-atisfied, Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 12 Exhibit 2: Draft Chapter 78.73 -A P__ e e A- I I A- P --;q t i AM- mmlst be aeeemplished in a manner- consistent with the policy, site , landscape/- 4tairied in this chapter. 2. The conditional use peFmit for a facility may not be ipequiiped in nom!esidentil-all zones if the applicant locates the antenna on an existing str-uctuFe or an existing toweF. The peFmit ,,recess and publie heaFing ;r-equiFed. -2. The city may deny an application to con-struet neux fA-eflitip-S if the applicant -pet Shown structure er tower A. To the extent possible not otherwise covered by subsection 15.42.040A of this chapter, "eligible facilities requests", collocation, new WCF antenna arrays, DAS and small cells are permitted in all zoning districts via administrative approval provided that the antenna array or roof mounted antenna does not constitute a "substantial change" to an existing tower or base station. B. A type 1 application with applicable fees shall be submitted. C. If any support structure must be constructed to achieve the needed elevation or if the attachment adds more than ten feet (10') above the existing structure or roofline, the proposal is subject to a type 2 review and application. The limitation to constitute a "substantial change" to an existing tower or base station applies to cumulative increases and any previously approved additions to height made under this section must be included in said measurement. D. Any equipment shelter, cabinet or ancillary equipment are subject to building setbacks as required in the underlying zoning district. E. Applicable building, mechanical, and electrical permits are required as determined by the building official. F. Distributed antenna systems and small cells: 1. Permitted: Distributed antenna systems (DAS) and small cells are permitted in all zoning districts. 2. Review: DAS and small cells are subject to approval via administrative review only, unless installation requires the construction of a new utility support structure or building. Type 2 review is required when the applicant proposes new utility support structure or building. 3. Multiple Site DAS And Small Cells: a. A single application may be submitted and permit may be used for multiple distributed antennas that are part of a larger overall DAS network. b. A single application may be submitted and permit may be used for multiple small cells spaced to provide wireless coverage in a contiguous area. 4. To Fed -l -lee the in-lumbet! of antenna support stFuctur-p-S need -e -d- in the city in the futuFe, ne p!oposecl SUPPOFt str-uctuFes shall be designed to accommodate antennas foF moFe than one useT, uplessrs the applicant demenstFates why sueh design is not feasible technic -al eF physical reasons S. Unless collocation is not feasible: a) an applicant's site plan shall reserve an area feF other- PFE)ViEleFS' equipment the b -ase of the applicant's tO%xQv A first: Fight of Fefu a! (which is eitheF executed oF maintained while the pFovideip's pe -r -son -al ivireal-eaSs faeflitie-S and seivices at!e in use) requirement, and b) the site plan for- toweFs in excess of one hundred feet (100') above ground level MUSt PFOPOSe space feF two (2) compaFable pr-evideFs, while the site plan _fA_ V t- AWAxers, one Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 13 Exhibit 2: Draft Chapter 78.73 18.13.XXX COLLOCATION AND SHARING OF TOWERS, LOCATIONS, AND STANDARDS: A. Tower Sharing And Collocation: New WCF facilities shall, to the maximum extent feasible, collocate on existing towers or other structures of a similar height to avoid construction of new towers, unless precluded by zoning constraints such as height, structural limitations, inability to obtain authorization by the owner of an alternate location, or where an alternate location will not meet the service coverage objectives of the applicant. B. New Towers: Applications for a new tower must address all existing towers or structures of a similar height within one-half (112) mile of the proposed site as follows: 1. By providing evidence that a request was made to collocate on the existing tower or other structure, with no success: or 2. By showing that locating on the existing tower or other structure is infeasible with a detailed written explanation detailing why a new tower is required. C. Tower Setback, Base Station And/Or Accessory Facilities: Setbacks are required based on the zoning district as measured from property lines to the base of the tower. Setback requirements may be modified so that a tower can be placed so as to reduce its visual impact, e.g., adjacent to trees which may partially hide the tower. D. Separation: Towers shall be separated from all residentially zoned lands by a minimum of one hundred fifty feet (150') unless located on City owned property. E. Lighting: Facility lighting shall be designed so as to meet, but not exceed, minimum requirements for security, safety or FAA regulations. Lighting of antennas or support structures shall be prohibited unless required by the FAA. All lighting shall be designed so as to avoid glare and minimize illumination on adjacent properties and shall comply with all City regulations. F. Easements And Lease Agreements: The boundaries of easements and lease areas for cell towers need to be monumented and a record of survey filed with the County. G. Substantial Change: A modification substantially changes the physical dimensions of a tower or base station if it meets any of the following: 1. For towers outside of public rights-of-way ("ROW"), it increases the height of the tower by more than ten percent (10%) or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'), whichever is greater: 2. For existing towers in the ROW and all base stations, it increases the height of the tower or base station by more than ten percent (10%) or ten feet (10'). whichever is greater: 3. For towers outside the ROW, it protrudes from the edge of the tower more than twentfeet y (20'), or more than the width of the tower structure at the level of the appurtenance, whichever is greater; Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 14 ON wil 18.13.XXX COLLOCATION AND SHARING OF TOWERS, LOCATIONS, AND STANDARDS: A. Tower Sharing And Collocation: New WCF facilities shall, to the maximum extent feasible, collocate on existing towers or other structures of a similar height to avoid construction of new towers, unless precluded by zoning constraints such as height, structural limitations, inability to obtain authorization by the owner of an alternate location, or where an alternate location will not meet the service coverage objectives of the applicant. B. New Towers: Applications for a new tower must address all existing towers or structures of a similar height within one-half (112) mile of the proposed site as follows: 1. By providing evidence that a request was made to collocate on the existing tower or other structure, with no success: or 2. By showing that locating on the existing tower or other structure is infeasible with a detailed written explanation detailing why a new tower is required. C. Tower Setback, Base Station And/Or Accessory Facilities: Setbacks are required based on the zoning district as measured from property lines to the base of the tower. Setback requirements may be modified so that a tower can be placed so as to reduce its visual impact, e.g., adjacent to trees which may partially hide the tower. D. Separation: Towers shall be separated from all residentially zoned lands by a minimum of one hundred fifty feet (150') unless located on City owned property. E. Lighting: Facility lighting shall be designed so as to meet, but not exceed, minimum requirements for security, safety or FAA regulations. Lighting of antennas or support structures shall be prohibited unless required by the FAA. All lighting shall be designed so as to avoid glare and minimize illumination on adjacent properties and shall comply with all City regulations. F. Easements And Lease Agreements: The boundaries of easements and lease areas for cell towers need to be monumented and a record of survey filed with the County. G. Substantial Change: A modification substantially changes the physical dimensions of a tower or base station if it meets any of the following: 1. For towers outside of public rights-of-way ("ROW"), it increases the height of the tower by more than ten percent (10%) or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'), whichever is greater: 2. For existing towers in the ROW and all base stations, it increases the height of the tower or base station by more than ten percent (10%) or ten feet (10'). whichever is greater: 3. For towers outside the ROW, it protrudes from the edge of the tower more than twentfeet y (20'), or more than the width of the tower structure at the level of the appurtenance, whichever is greater; Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 14 Exhibit 2: Draft Chapter 78.73 4. For existing towers in the ROW and all base stations, it protrudes from the edge of the structure more than six feet (Q: S. It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets: 6. It entails any excavation or deployment outside of the current site of the tower or base station: 7. It would defeat the existing concealment/camouflage elements of the tower or base station: or 8. It does not comply with conditions associated with the locality's prior zoning aRproval of construction or modification of the tower or base station, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding "substantial change" thresholds. la H. Signs Prohibited: Except as set forth herein, no signs, banners or similar devices or materials may be attached to the tower, antenna support structures or antennas. &.I. While collocation and the requirements herein are encouraged, collocation shall not take precedence over the construction of shorter towers with appropriate screening. (Ord. 535 §2, 2000) 18.13.110: DESIGN CRITERIA: A. As provided above, new facilities shall be designed to accommodate collocation, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons. B. Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site. 1. Setback: A tower's setback shall be measured from the base of the tower to the property line of the parcel on which it is located. In residential districts and residential land use areas, where permitted, towers shall be set back from all property lines a distance equal to one hundred percent (100%) of tower height as measured from ground level, unless applicant demonstrates that because of design, landscaping or screening, unusual geographic limitations or other public policy considerations such a setback is unnecessary and the city, in its sole discretion, determines such a setback is not necessary. All other towers shall comply with the minimum setback requirements of the area in which they are located in all other zoning districts, unless there are unusual geographical limitations or other public policy considerations as determined in the sole and absolute discretion of the city. Such considerations shall include by way of illustration and not limitation, but are not limited to: a. Impact on adjacent properties; b. Alternative sites for personal wireless facilities; and c. The extent to which screening and camouflaging will mitigate the effects of the personal wireless facilities. 2. Right Of Way Setback Exception: The setback requirement may be waived if the antenna and antenna support structure is located in the city right of way. 3. View Corridors: Due consideration shall be given so that placement of towers, antennas, and personal wireless service facilities do not obstruct or significantly diminish views. 4. Color: Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA. Security fencing Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 15 Exhibit 2: Draft Chapter 78.73 should be colored or should be of a design which blends into the character of the existing neighborhood. S. Lights, Signals And Signs: No signals, lights, or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required, in cases where there are residences located within a distance which is three hundred percent (300%) of the height of the tower, then dual mode lighting shall be requested from the FAA. 6. Equipment Structures: Ground level equipment, buildings, and the tower base shall be screened from public view. All such structures shall be considered primary structures, not accessory structures. The standards for the equipment buildings are as follows: a. The maximum floor area is three hundred (300) square feet and the maximum height is twelve feet (12'). Except in unusual circumstances or for other public policy considerations the equipment building may be located no more than two hundred fifty feet (250') from the tower or antenna. Depending upon the aesthetics and other issues, the city, in its sole discretion, may approve multiple equipment structures or one or more larger structures. b. Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified herein or in other city ordinances, code sections or regulations. c. Equipment buildings mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof mounted antennas may also be located within the building on which the antenna is mounted. d. In instances where equipment buildings are located in residential zones, equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures. e. Equipment buildings, antenna, and related equipment shall occupy no more than twenty five percent (25%) of the total roof area of the building the facility is mounted on, which may vary in the city's sole discretion if collocation and an adequate screening structure is used. f. The use must be approved on a site plan or final development plan, as applicable. 7. Federal Requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If those standards and regulations are changed, then personal wireless service providers governed by this chapter shall bring their towers and antennas into compliance with the revised standards and regulations within three (3) months of their effective date or the time lines provided by the revised standards and regulations, whichever time period is longer. The revised standards and regulations are not retroactively applicable to existing providers, unless otherwise provided or permitted by federal law. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for the city to remove a provider's facilities at the provider's expense. 8. Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes and the applicable standards for towers that are published by the Electronic Industries Association ("EIA"), as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring the tower into compliance with such standards. If the owner fails to bring its tower into compliance within thirty (30) days, the city may remove the tower at the owner's expense. If the structure is determined by the city to pose an imminent danger to the public, the city shall be entitled to abate the danger through the processes and according to the Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 16 Exhibit 2: Draft Chapter 78.73 timetables of the international building code and the 1997 uniform code for the abatement of dangerous buildings. 9. Structural Design: Towers shall be constructed to the EIA standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing towers shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested. The antenna and its support structure shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guywires. 10. Antenna Support Structure Safety: The applicant shall demonstrate that the proposed antenna and support structure is safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturers. 11. Tower And Antenna Height: The applicant shall demonstrate that the tower and antenna is the minimum height required to function satisfactorily; provided additional height beyond the minimum may be allowed if necessary to accommodate collocation. No tower or antenna that is taller than this minimum height shall be approved unless necessary to accommodate collocation. No tower or mount shall exceed one hundred feet (100') in any park, industrial zone or commercial zone. Towers in residential areas are not allowed unless integrated with another structure. A variance from the height limit may be granted if the applicant can show by clear and convincing evidence that the additional height is necessary to provide adequate service to the residents of the city and no other alternative is available. 12. Required Parking: If the cell site is fully automated, adequate paved parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off street parking shall be made and documentation thereof provided to the city. 13. Tower Separation: In no case shall towers be located closer than five hundred feet (500') from another tower whether it is owned or utilized by applicant or another provider, unless the city designates areas where multiple towers can be located in closer proximity. 14. Antenna Criteria: Antennas on or above a structure shall be subject to the following: a. The antenna shall be as architecturally compatible as reasonably possible, with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact. b. The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless it must be for technical reasons. In no event shall an antenna project more than sixteen feet (16') above the roofline including parapets. c. The antenna shall be constructed, painted, or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted. d. The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure. e. If an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color. f. The structure must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation, and uses. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the facility. Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 17 Exhibit 2: Draft Chapter 78.73 g. Site location and development shall preserve the preexisting character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques shall be evaluated by the city, in the city's sole discretion. h. In addition to the other requirements of this chapter, on buildings thirty feet (30') or less in height, the antenna may be mounted on the roof if the following additional criteria are satisfied: (1) The city finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall. (2) No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein. (3) The antenna or antennas and related base stations cover no more than an aggregate total of twenty five percent (25%) of the roof area of a building, which may vary in the city's sole discretion, if collocating and an adequate screening structure is used. (4) Roof mounted antenna and related base stations are completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building. (5) No portion of the antenna may exceed sixteen feet (16') above the height of the existing building. i. If a proposed antenna is located on a building or a lot subject to a site review, approval is required prior to the issuance of a building permit. j. No antenna shall be permitted on property designated as an individual landmark or as a part of a historic district, unless such antenna has been approved in accordance with city ordinances and regulations. k. No personal wireless service provider or lessee or agent thereof shall fail to cooperate in good faith to accommodate collocation with competitors. If a dispute arises about the feasibility of collocating, the city may require a third party technical study, at the expense of either or both parties, to resolve the dispute. 1. No personal wireless service provider or lessee shall fail to assure that its antenna complies at all times with the current applicable FCC standards. After installation, but prior to Putting the antenna service, each provider shall submit a certification by an independent professional engineer to that effect. In the event that an antenna is collocated with another antenna, the certification must provide assurances that FCC approved levels of electromagnetic radiation will not be exceeded by the collocation. m. Antennas shall comply with FCC regulations to minimize interference with the reception of any other communications signals including public safety, television, and radio broadcast signals. n. No person shall locate an antenna or tower for wireless communications services upon any lot or parcel except as provided in this chapter. (Ord. 755, 2016) 18.13.120: PERMITS REQUIRED: A WCF permit shall be required for all new installations and modifications of WCF facilities, antenna, and various equipment unless exempted in this Chapter. A. A WCF permit shall be required for an "eligible facilities request" that does not "substantially change the physical dimensions of the existing wireless tower or base station" as defined in the Spectrum Act and CFR 1.61000. They are considered Type 1 requests, which must be acted upon by the city within 60 days after a complete application is submitted, or are deemed granted per Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 18 Exhibit 2: Draft Chapter 78.73 Federal Law. The 60 day time limit for action may be extended if agreed upon by both parties. Tyne 1 requests include the following. 1. Collocation of new transmission equipment: 2. The removal of transmission equipment: 3. The replacement or modification of transmission equipment: 4. Distributed antenna system and small cells. B. A WCF permit shall be required for requests that "substantially change the physical dimensions" of an eligible support structure as defined in the Spectrum Act and CFR 1.61000. They are considered Type 2 requests, which must be acted upon within 90 days after a complete application is submitted. Unlike Type 1 requests, they are not deemed approved after 90 days. Type 2 requests include the following; 1. Any modification of an eligible support structure, including the collocation of new equipment, that substantially changes the physical dimensions of the eligible support structure on which it is mounted: or 2. Any collocation not eligible for a type 1 permit: or 3. Any roof mounted antenna and support system for an antenna not exceeding ten feet (1n above the highest portion of the roof: or 4. A new tower located in the public right-of-way. C. A new WCF tower that is not a collocation considered a We 1 or 2 WCF permit as outlined in this Title shall be considered a Type 3 request. Type 3 requests include roof mounted antenna exceeding 10 feet above the highest portion of a roof. Type 3 requests must be acted upon within 150 days after a complete application is submitted. Unlike Type 1 requests, they are not deemed approved after 150 days. D. Where a tower or antenna support structure will be sixty feet (60') or less in height, in addition to the other provisions of this chapter, an applicant will be required to submit the plan to the design review committee for review. In the event that a proposed tower or antenna support structure will be located in a residential zone, park, or mixed residential and commercial zone, or will be more than sixty feet (60') in height, in addition to the other provisions of this chapter, an applicant will be required to obtain a conditional use permit, unless located in an industrial zone, in which case the structure is a permitted use. With respect to the placement of antenna on a tower or antenna support structure, the requirements for a conditional use permit will be applicable based on the height of the tower and antenna or mount and antenna unless this chapter provides other requirements to the contrary. Project permit review procedures shall be as specified in the ordinances, codes, resolutions and regulations of the city of Chubbuck. The following table specifies the permits required for the various types of personal wireless service facilities that meet the standards of this chapter: TYPE OF PERMIT(S) AND LAND USE DISTRICT Type of F -,,.;i" Building QJ_g Rights of Rest ffs e Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 19 Exhibit 2: Draft Chapter 78.73 Yes Y -E -S Yes (;f applicable) (if applicable) yes (;f - yes of (;f cabk-1 applicab yes (;f appl - yes of (;f cabk-1 applicab yes (if applicable) appl Yes yes (if applicable) (if -,r,r,l;e b,l.,l yes (;f apphe NG yes b k- (;f av,v,l;.-abk-1 P = Permitted D - Restricted X = Not Permitted C = Conditionally Permitted F = Permitted under Franchise Agreement with City Council DR = Design Review BP = Building Permit Zoning WCF Type' Agriculture Residential, Limited General Industrial PUD, CC Comm. Comm. Minor Changes - Eligible Facilities Modifications' P BP P BP P BP P BP P BP Substantial Changes' C DR, BP C DR. BP C DR, BP P DR, BP P DR, BP DAS / Small Cis -Facilities, P DRB P P_Cz DRB P P DRB P P DRB P P BP Building Installation' DAS / Small Facilities, Support P3 DR, BP P_C3 DR. BP P3 DR, BP P3 DR. BP P BP Structure Installation' Roof Mounted WCF <10' Pz DR, BP PC 2 DR. BP P DR, BP P BP P BP Roof Mounted WCF >10' X - X - C DRB P P DRB P P BP Structure P_3 P_3 P_3 P-3 p_ -Suaigor-t New Towe x X x x x New Tower <60' or Base Station C4 DR, BP C4 DR. BP C4 DR. BP C DR. BP P5 DR. BP fnot in ROM New Tower >60' X - X - X - X - P5 DR. BP Any WCF in ROW6 F F F F F Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 20 Exhibit 2: Draft Chapter 18.13 1. See 18.13.030 Definitions for clarification. 2. Stealth design is required. 3. Height not to exceed 6W50' from grade to top of antenna s-r-uEtu.e, ^„d' aMroval from ujUft ter. See 18.13.030 Definitions for additional information. 4. Stealth design is required: city property only with hearing before the City Council. 5. If the tower location is in a city park, a conditional use permit is required. 6. Any WCF located in the Right -of -Way must meet all other requirements for the type of facility. To meet the standards of this chapter, a personal ^ ,iFeless seFvice facfl tyWCF must also comply with the other requirements under this chapter and with the following: For antennas attached to the roof or sides of a building at least thirty feet (30') in height, an existing tower, a water tank, or a similar structure: A. Type: The antenna must be either: 1. An omnidirectional or whip antenna no more than seven inches (7") in diameter and extending no more than sixteen feet (16') above the structure to which it is attached; or 2. A panel antenna no more than two feet (2') wide and six feet (6) long, extending above the structure to which it is attached by no more than ten feet (10'). B. Height: Antennas mounted on existing structures in any residential zone, park, or Mixed _F P_ S, i d P_ _D t i -A I -A B_ d- G A- B_A_ -B-Aiffeial zone, not exceeding sixteen feet (16') in height, may be peFmitted following a design Feview and submittal of an affidavit of comphanee, with this ehapter- and o city regulations. (delete to correlate with 10' limits in chart) QB. Other Height Restrictions: Antenna, antenna arrays, and support structures not on publicly owned property shall not extend more than sixteen feet (16') above the highest point of the structure on which they are mounted. D -.C. Setback From Street: Unless there are unusual geographic limitations or other public policy considerations, as determined in the city's sole discretion, no such antenna, antenna array, or its support structure shall be erected or maintained closer to any street than the minimum setback for the zone in which it is located unless otherwise waived or exempt. lD. Guywires Restricted: No guy or other support wires shall be used in connection with such antenna, antenna array, or its support structure except when used to anchor the antenna, antenna array, or support structure to an existing building to which such antenna, antenna array, or support structure is attached. F -E. Exemption: To the extent that antennas are attached to electric, phone or light poles and such antennas are no more than two feet (2') in height, design review and building permit review will be required, but such antennas shall not be subject to setbacks and screening requirements. (Ord. 535 §2, 2000) Draft Chubbuck City Code 18.13 -for 4/13/21 LUDC Discussion Page 21 Exhibit 2: Draft Chapter 78.73 Eligible Facilities R 1? g g R D c( Small rens R 1? R $ R Roof nR,,,,,,te <l W R-1 $-1 R 1? R C R R Util Support Structure 1?2- 1?2- P-2 g2- 1? Ne w To w er (in WlAII # x x # x Ai.,w T.,.. eF (not in ROIA71 C-3 C3 C3 C p - W. LO.T. W. •:J.i� Ilm 18.13.XXX: PERMIT REVIEW TIME REQUIREMENTS: A. City Review Of Application Materials: The time frame for review of an application shall begin to run when the application is submitted, but shall be tolled if the City finds the application incomplete and requests, in writing, that the applicant submit additional information to complete the application. Such requests shall be made within thirty (30) days of submission of the application. After submission of additional information, the City will notify the applicant within ten (10) days of this submission if the additional information failed to complete the application. If the City deems an application or supplemental submission incomplete, it shall identify in its written notice to the applicant the information and/or materials it considers missing from the application. B. Type 1 Processing Time: For type 1 modifications or collocations. the City will act on the WCF application together with any other City permits required for a proposed WCF modification within sixty (60) days, adjusted for an,, tolling due to requests for additional information or mutually agreed upon written extensions of time. 1. If the City determines that the application does not qualify as a type 1 eligible facilities request, the City will notify the applicant of such determination in writing and will process the application as a type 2 WCF application. 2. To the extent Federal law provides a "deemed granted" remedy for We 1 WCF application(s) not timely acted upon by the City, no such application shall be deemed granted until the applicant provides notice to the City, in writing, that the application has been deemed granted after the time period in this subsection B has expired. 3. Any deemed type 1 WCF application shall be subject to following conditions: a. The approval of a type 1 WCF permit shall be subject to the conditions of approval of the underlying permit, except as may be preempted by the Spectrum Act. b. The proposed project shall be built in compliance with the approved plans on file with the City of Re e l Chubbuck_ C. Type 2 Processing Time: For We 2 WCF permits, the City will act on the application within ninety (90) days, adjusted for any tolling due to requests for additional information or mutually agreed upon written extensions of time. Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 22 Exhibit 2: Draft Chapter 78.73 D. Type 3 Processing Time: For type 3 WCF permits, the City will act on the application within one hundred fifty (150) days, adjusted for any tolling due to requests for additional information or mutually agreed upon written extensions of time. E. Denial Of Application: In the event that the City denies a WCF application, the City will notify the applicant of the denial in writing outlining the reasons for the denial in a Findings of Fact and Conclusions of Law. 18.13.130: lNSPECTI0 r MAINTENANCE REQUIREMENTS: inspeetion repeFt, oF the facility opeFatE)F'S maintenanee FepE)FtS fOF the PAOF twelve (12) months in the event no FCC repOFt is required fE)F such yeaF, shall satisf� the '-...-..Ls of this section. (Or -d.759 2n, til A. Each permittee shall maintain its WCF in a good and safe condition, preserving the original appearance and concealment, disguise or screening elements incorporated into the design at the time of approval and in a manner which complies with all applicable federal, state, and local requirements. Such maintenance shall include, but not be limited to, such items as painting, repair of equipment, and maintenance of landscaping. If the permittee fails to maintain the facility, the city may undertake the maintenance at the expense of the permittee or terminate the permit, and remove the WCF at owner's expense, at its sole option upon fifteen 015) days' written notice via normal first class mail. B. Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Tower owners shall install and maintain towers, communications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the national electrical safety code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property. All towers, communications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person. All maintenance or construction of towers, communications facilities, or antenna support structures shall be performed by city and state licensed maintenance and construction personnel. All tower owners shall maintain the towers in compliance with current RF emission standards of the FCC. If, upon inspection, the city concludes that the tower fails to comply with such codes or standards and constitutes a danger to person or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring the tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days constitutes grounds for the removal of the tower at the owner's expense upon fifteen (15) days' written notice via normal first class mail. In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued and the tower removed from the premises. 18.13.XXX: ANTENNA SUPPORT STRUCTURE SAFETY: The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas shall not be negatively affected by support structure failure, falling ice or other Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 23 Exhibit 2: Draft Chapter 78.73 debris or interference. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturers. (move from location below 18.13.160) 18.13.140: LANDSCAPING; SCREENING: A. Landscaping: Landscaping, as described herein, shall be required to screen personal wireless service facilities as much as possible, to soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required. B. Screening: The visual impacts of a personal wireless service facility shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering shall be required around the perimeter of the tower and accessory structures, except that the city may waive the standards for those sides of the facility that are not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements. 1. A row of evergreen trees a minimum of six feet (6') tall at planting a maximum of six feet (6') apart shall be planted around the perimeter of the fence; and 2. A continuous hedge at least thirty six inches (36") high at planting capable of growing to at least forty eight inches (48") in height within eighteen (18) months shall be planted in front of the tree line referenced above. 3. In the event that landscaping is not maintained at the level required herein or as required in any design review or conditional use permit, or decision of a reviewing body, the city after giving thirty (3 0) days' advance written notice may maintain or establish the landscaping and bill both the owner and lessee for such costs until such costs are paid in full. (Ord. 535 §2, 2000) 18.13.150: ABATEMENT, NONUSE;, AND ABANDONMENT: shall be considered abandoned upon the city's discovery of discontinuation o opeFation. A. Construction or activation of a WCF shall commence within ninety (90) days of approval of the WCF permit or the permit shall be null and void. A ninety (90) day written extension approval may be granted by the planning and development services department due to weather conditions or other extenuating circumstances beyond the control of the applicant as determined by the planning and development services department, after written request b, the Permittee. B. At such time that a licensed carrier plans to abandon or discontinue operation of a WCF, the carrier shall notify the city by first class U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the WCF shall be considered abandoned, effective the day of discontinuance. Upon such abandonment, the provider shall have sixty (60) days or additional period of time determined in the reasonable discretion of the city within which to: Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 24 Exhibit 2: Draft Chapter 78.73 A -.C. Reactivation: Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or &.D. Collocation: In the event that "abandonment" as defined in this chapter occurs due to relocation of an antenna at a lower point on the antenna support structure, reduction in the effective radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the tower shall have six (6) months from the date of effective abandonment to collocate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove that portion of the tower which exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to personal wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the providers' towers in the city or surrounding area then all of the towers within the city shall similarly be reduced in height. removed Nvithin the sixty (60) day time per-ied ar- additional per-ied ef time allowed by the city, the e" may Femove such tower-, antenna, foundation, and related facility at the pFavideF's expen -subseetion above, this provision shall not become effective until all providers cease using the facility. E. If a carrier fails to remove a WCF in accordance with this section, the city may cause the facility to be removed and all expenses of removal, disposal, and restoration shall be paid by the owner of the land where the facility is located. F. At the earlier of sixty (60) days from the date of abandonment without reactivating or upon completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 535 §2, 2000) 18.13.160: THIRD PARTY REVIEW: Personal wireless service providers use various methodologies and analyses, including geographically based computer software, to determine the specific technical parameters of their services and low power mobile radio service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, a third party expert may need to review the technical data submitted by a provider. The city may require a technical review as part of a permitting process. The costs of the technical review shall be borne by the provider. The selection of the third party expert may be by mutual agreement between the provider and the city, or at the discretion of the city, with a provision for the provider and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to address interference and public safety issues and be a site specific review of technical aspects of the facilities or a review of the provider's methodology and equipment used and not a subjective review of the site which was selected by a provider. Based on the results of the expert review, the city may require changes to the provider's application. The expert review shall address the following: A. The accuracy and completeness of submissions; B. The applicability of analysis techniques and methodologies; C. The validity of conclusions reached; and D. Any specific technical issues designated by the city. (Ord. 535 §2, 2000) Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 25 Exhibit 2: Draft Chapter 78.73 18.13.170: REMEDIES: A. Any person violating any of the provisions of this chapter upon conviction shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment for a period of up to ninety (90) days, or by both such fine and imprisonment, for each day during which an offense occurs. B. In addition to receiving any monetary remuneration, the city shall have the right to seek injunctive relief for any and all violations of this chapter, and for other relief and/or remedies provided at law or in equity. (Ord. 535 §2, 2000) Draft Chubbuck City Code 18.13 -for 4/13/21 LDDC Discussion Page 26 CHUBBUCK k 0 0 H 0 City Clerk PQ Box 5604 — 5160 Yellowstone Avenue, Chubbuck, 1D 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Last month I was preparing to send out two different public hearing notifications to the same property owners; one for a 6pm meeting (City Council) and the other for a 7pm meeting (LDDC). I have talked to multiple clerks across the State and have discovered that a lot of other cities had decided to schedule all their public hearings at the same time or had a desire to make that change to have consistency for their residents. They also mentioned that they had found that a lot of their residents prefer or are more likely to attend a meeting if they can go straight to the meeting after they get off of work. When a meeting starts later residents get caught up in their nightly routines and forgo going to a meeting. Some residents might also have a difficulty finding a babysitter on school nights, or even have to leave the meeting before they get an opportunity to present their concerns due to the lateness of the meeting. I feel like for consistency throughout the City that we should have all public hearings at the same time so our residents don't have to try and remember a different time for each meeting. I would like to make this change with the move to the new city hall so we can post the meeting times on the front door to allow for a 48 hour meeting notice. My recominendation would be to have the LUDC meet at 6pm at the same time as the City Council. Thank you for your time and for the service that you provide for this great community. Please let me know if you need anything or if you have any questions or concerns that I might be able to answer. CHUBBUCK Joey Bowers City Clerk, CMC ibowers(a—) cityofchubbuck.us 5160 Yellowstone Avenue Pp Box 5604 Chubbuck,ID 83202 208.237.2400 ext.201 Fax: 208.238.2371 lao,�C\ CHUBBUCK 1 0 0 H 0 Memo Community Services and Economic Development Dept 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: Devin Hillam, Community Services & Economic Development Director J04 Date: April 5, 2021 Re: For LUDC discussion re: Downtown Residential Architecture At the April meeting we will discuss preferences in the downtown area regarding types of structures, types of building materials and color palettes (if any), type of occupancy (rentals vs ownership), appropriate heights, roof pitches, etc. If in your travels you have seen any housing products in an urban -type area of the scale like we are building that you either like or dislike, please send them over to me by noon on the 13th so that I can have them to share with the Commission in a PowerPoint presentation on the Zoom screen; personal photos, screenshots from a service like Google Street View, or others are all welcome. Based on best practices, in the downtown area we do not anticipate lower density residential units but rather, I suggest we aim for well-designed mixed-use buildings (commercial on ground floor with residential above) or standalone apartment or townhome complexes. Getting folks to live in the downtown area in market rate housing will be critical to the success of downtown and we should ensure that our downtown code and proposals for developments align with our mutual vision for a vibrant, active, and longstanding downtown area. I have provided some examples of what I believe would be good fits in the downtown as well as some that I believe would be poor fits in the downtown. Please note that I certainly do not feel that the ill-fitting products are bad products by nature- they certainly have their fit in other parts of the city. At May's meeting I would like to discuss commercial building design and so feel free to send me any photos that you like/dislike for that conversation as well between now and the May meeting. Downtown concept — not the actual plan but a good idea for what the area could develop like: LEGEND: B EJLL _ -xisting usiness 0 - PFOP-Ud Business JA.0%SON LdXD66'Igd, Ptl , - ld.M Central Credil Union CHUBBUCK ROAD /Cityr� Chubbuck City Downtown CONCEPT MASTER PLAN s�aieo�, CHUBBUCK 100 20 I D 0 H 9 2 Possible good fit in downtown context: 3 Possible poor fit in downtown context: Convention Code Form -based Code. Text oriented Graphically oriented Segregates and organizes by use in the code and in the community Great for mixed-use, walkable communities Reactive to individual development proposals Organized by spatial hierarchy Sets the vision for the area Generally proscriptive, regulates to create buildings Generally prescriptive, regulates to create places and public.realm Often difficult to understand Easier to understand Developers interpret code Graphics make it clear what is expected r USL ..................... .. Single-family Pros- Market rate housing Cons- Inefficient land use: Low density, consume lots of land, not a traditional urban -type product, unappealing streetscape t Question Discussion: Not for downtown But cosmetics could help get closeer Fourplex Pros- Market rate housing, adds some density to a lot, possibly could have appealing streetscape (next slide) Cons- Still an inefficient land use, Lower density,, not a traditional urban -type product Rear entry garage ------- Good Good for downtown with some changes :.�: ... .. �.. .. .. ... .. .'. .. ....', ;�: r. .. .. �,►- L.L. - V.. - r- Cons- Possible unappealing streetscape in the Discussion: How it is built is good for downtown Good patio space. AV-% A I w 11 Multi -family, side by side units Pros- Market rate housing, adds some density to a lot,; appealing streetscape with rear entry garages Cons- Requires a focus on design to work well in downtown, Discussion: Good for downtown, density is good. Check SLC for example. �ue5iun 1. vvndL Discussion: Good for downtown. Station Square and Village. South Jordan. Other areas N��.0-Iy