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Home My WebLink About06 08 2021CHUBBUCK 1 0 n H D City of Chubbuck Land Use and Development Commission Regular Meeting June S, 2021 6:00 PM City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 In-person attendance is allowed, this meeting will also be available to the public electronically or by phone. Web -conference (no webcam is necessary to participate): https://us02web.zoom.us/j/8103 675 5107?pwd=VysvU2VNVXBXW nNHaURoRGFNTGF6QT09 Telephone: Dial by your location +1669 900 6833 US +1253 215 8782 US Meeting 1D: 81.0 3675 5107 Passcode: 663958 General information on joining a Zoom meeting can be found at https://support.zoom.us/hc/en- us/articles/201362193-Joining-a-Meet_ing. AGENDA I. CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST Il. APPROVAL OF MINUTES for May 11, 2021 (Action Item) III. PUBLIC HEARING 1. An application for a Change in Land Use District from Limited Residential (R-2) to Commercial General (C-2) on approximately .25 acres of land. Subject property is in the NE % of the NW % of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, and is park of a larger parcel generally located west of Yellowstone Ave and north of Briscoe Road in Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Medium Density Residential, with the bulk of the property designated as Commercial. Type of Action: Recommendation. (Action Item) 2. An application for a Conditional Use Permit to build multifamily residential buildings on approximately 2.45 acres of land. The bulk of the parcel, about 90%, lies in the General Commercial (C-2) zone, with about 10%, or .25 acres, in the Limited Residential (R-2) zone. Subject property is in the NE % of the NW % of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the northwest corner of Yellowstone Avenue and Briscoe Road in Chubbuck, Idaho. The area in the R-2 zone is under concurrent application for a change to the C-2 zone. Type of Action: Decision. (Action Item) 3. An application for a Conditional Use Permit to build multifamily residential buildings on approximately 1.95 acres of land in the General Commercial (C-2) zone. Subject property is in the NE % of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 295 E Chubbuck Road in Chubbuck, Idaho. Type of Action: Decision. (Action Item) IV. GENERAL BUSINESS 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. CHUBBUCK 1 d R H 0 City of Chubbuck Land Use and Development Commission Regular Meeting May 11, 2021 6:00 PM City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 MINUTES Board Members Present: Chair Jason Mendenhall, Mike Schwartz, Vice -Chair Dan Stoddard, Rebecca Berls, Brady Smith, Brandon Jackson, Thais Ayre, Carrie Holm, and TJ Budge. Staff Members Present: City Attorney Tom Holmes, Planning Manager Don Matson, Development Services Manager Sean Harris, Planning and Development Director Devin Hillam and City Clerk Joey Bowers. Mendenhall called the meeting to order at 6:OOpm Mendenhall asked if any commissioners had a conflict of interest with the items before the board. Smith recused herself from public hearing #1. APPROVAL OF THE MINUTES: April 13, 2021. Mendenhall entertained a motion to approve the minutes as emailed. Schwartz moved to accept the meeting minutes of April 13, 2021 as emailed; Jackson seconded. The full authority approved. PUBLIC HEARING An application for annexation of approximately .22 acres of land into the City of Chubbuck and to include the property in the Limited Residential (R-2) Zone. The Comprehensive Plan Future Land Use neap designates this area as Mixed Use and as Medium Density Residential. Property is in the Southwest 1/ of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Idaho. The affected parcels, R3853005607 and RCCPC045100, are generally located at on the east side of Philbin Road between Siphon Road and Chubbuck Road. Type of Action: Recommendation. Brady Smith, RMES, representing the applicant. Mr. Smith presented .22 acres of land to be annexed into the City, to correct a 12ft error with a previously approved annexation application Senior Planner Don Matson 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. Mendenhall opened the Public Hearing. There being no comment, Mendenhall closed the public hearing, bringing the meeting back to the Commission. Berls motioned to recommend approval of the annexation application to the City Council as presented. Berls seconded. With all commission members understanding the motion they voted. Roll Call Vote: Rebecca Berls, Yes; Mike Schwartz, Yes; Carrie Holm, Yes; Thais Ayre, Yes; Jason Mendenhall, Yes; Brady Smith, Yes; Dan Stoddard, Yes; TJ Budge, Yes; Brandon Jackson, Yes; Motion carried. 2. An application for a Change in Land Use District from Limited Residential (R-2) to Limited Cormnercial (C-1) on approximately 1.09 acres of land. Subject property is in the NW '/ of Section 3, Township 6 South, and Range 34 East of the Boise Meridian, Idaho, generally located at 345 W. Siphon Road, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. Type of Action: Recommendation. Applicant Jose Cervantes presented for a Change in Land Use District from Limited Residential (R-2) to Limited Commercial (C-1) on approximately 1.09 acres of land. Mr. Cervantes stated that he would like to use the vacant building formerly known as Hatch's House of Dolls as a rental space for appropriate businesses. Senior Planner Don Matson 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. Mr. Matson also stated that even with this zone change most businesses that would be interested in renting out this space would have to come before the Board for a conditional use permit (CUP). Mendenhall opened the Public Hearing for public comment. Arianne Despain at 5590 Stuart Avenue, was neutral. Mrs. Despain asked if this zone change would have any impact on the property taxes for the neighboring properties. Matson stated that this zone change should not have an impact on property taxes. There being no more comment, Mendenhall closed the public hearing, bringing the meeting back to the Commission. Holm asked how the City would make sure that a business doesn't just start doing business out of this building without getting approval or applying for a conditional use permit if needed. City Clerk Joey Bowers stated that the City verifies zoning and will direct a business towards a CUP if needed before issuing a business Iicense to do business in the City. Schwartz motioned to recommend approval of the zone change application to the City Council as presented. Ayre seconded. With all commission members understanding the motion they voted. Roll Call Vote: Mike Schwartz, Yes; Carrie Holm, Yes; Thais Ayre, Yes; Jason Mendenhall, Yes; Brady Smith, Yes; Dan Stoddard, Yes; TJ Budge, Yes; Brandon Jackson, Yes; Rebecca Berls, Yes; Motion carried. A proposal by city staff to amend Chapter 18.13 Wireless Telecommunications Facilities to bring the chapter into compliance with recent Federal legislation and rulemaking regarding 5G implementation, setting forth a new title, purpose and policy statements, definitions, and exemptions; regulations on modification and collocation of antennas, distributed antenna systems, and small cells; regulations on collocation and sharing of towers, locations, and standards; clarifications of permits and reviews required in different zoning districts; new permit review time requirements; modified inspection and maintenance requirements; and revised requirements regarding facility abatement, nonuse, or abandonment. Type of Action: Recommendation. 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). Mendenhall asked when the City would ask for inspections reports from the owners of these facilities and if a resident from the community could ask for the City to request a copy of those reports. Matson stated that if the City had a concern of the condition of the facility it could make a request for those reports and a resident could also be a reason for the City to request a copy of those reports. Berls read the definition of a right of way located in section 18.13.030.27 and was concerned that a wireless company could locate a cell tower on top of a utility pole located within any right of way or utility easement in a residential neighborhood as long as they have a franchise agreement with the City without having to notify the public or get input for the neighbors. Berls asked if they could require the applicant to also apply for a conditional use permit. Matson stated that the main issue with requiring a conditional use permit is due to federal law the City only has a 60 day window to review the application and make a decision or it is automatically approved. The City would not have enough time to go through all the required notifications and processes for a condition use permit within the allowed 60 days. The second concern was that the City Council could override any decision the Land Use Board makes towards a conditional use permit with the approval of a franchise agreement. Mendenhall opened the Public Hearing. There being no comment, Mendenhall closed the public hearing, bringing the meeting back to the Commission. The commission was concerned that the public would not be receiving any notifications or given a chance to express their concerns to the Land Use Board or to the City Council. Mendenhall asked if a franchise agreement required a public hearing. Attorney Holmes stated that a franchise agreement does not require a public hearing and goes before the City Council as a general business item for discussion. Mendenhall asked if the public was given an opportunity to speak on a general business item. Bowers stated that the Council could call on a member of the audience to speak on an item of business if they desire but it is not required. The public would not have an opportunity to speak unless asked by the City Council to do so. Mendenhall felt like the public should be given an opportunity to express concerns and ask questions. Hillam asked if the City could require the applicant to provide proof of notification that would give the public an opportunity to petition for a public hearing. Matson recommended for the City to handle notifications at the expense of the applicant, so that the City can verify that all legal requirements had been met. Budge asked if a wireless company could enter into a franchise agreement with the City or another utility company and place a new pole within the right of way without notifying the public. Matson stated that a franchise agreement could only be entered into for the use with an existing structure such as a power pole and not for the installation of a new structure. Berls stated that nowhere within this section of City Code does it specify existing structures only, and asked for that to be added for clarification. Stoddard asked if an application would need to be site specific or a general application. Matson stated that the City can require an application to be site specific. Budge asked what the public can do when they receive a written notice but no public hearing will be available for them to express their concerns and ask questions. Bowers stated that all notices that the City sends out notifies the public that they can submit written correspondence to the City Council or Land Use Board up to 7 days before a meeting, and any written correspondence will be included in the meeting packets. The Public can also always reach out to the Mayor and Council through email. Budge motioned to recommend to amend Chapter 18.13 Wireless Telecommunications Facilities to the City Council as presented, conditional upon 18. 13.130 foot note 6 include any WCF located within a right of way must be attached to an existing structure and also meet all other requirements for that type of facility. Berls seconded. With all commission members understanding the motion they voted. Roll Call Vote: Carrie Holm, Yes; Thais Ayre, Yes; Jason Mendenhall, Yes; Brady Smith, Yes; Dan Stoddard, Yes; TJ Budge, Yes; Brandon Jackson, Yes; Rebecca Berls, Yes; Mike Schwartz, Yes; Motion carried. GENERAL BUSINESS Election of Officers -The Cormnission will appoint a Chair and Vice -Chair for the next calendar year. Mendenhall asked for nominations for Chair. Schwartz nominated Mendenhall, Berls seconded, no other nominations or volunteers; Schwartz motioned to accept the nomination for Jason Mendenhall as Chair for the coming year, with all commission members understanding the motion the full authority approved. Mendenhall thanked Dan Stoddard for his dedication and service to the community. Mendenhall asked for nominations for Vice Chair. Berls nominated Schwartz, Stoddard seconded, Schwartz nominated Smith, Jackson seconded, no other nominations or volunteers; after further discussion and a recommendation from legal counsel; Berls motioned to accept the nomination for Mike Schwartz as Vice Chair for the coming year, with all commission members understanding the motion the full authority approved. Mendenhall entertained a motion to adjourn; Schwartz made the motion. Smith seconded. All voted to adjourn at 7:12pm. 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: 896 1711 3973 CHUBBUCK I o A H 0 Community Planning & Economic Development PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us YELLOWSTONE VILLAGE APPLICATION FOR A CONDITIONAL USE PERMIT - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON JUNE 8, 2021 SUMMARY DESCRIPTION: An application for a Change in Land Use District from Limited Residential (R-2) to Commercial General (C-2) on approximately .25 acres of land. Subject property is in the NE 1/4 of the NW 1/4 of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, and is part of a larger parcel generally located west of Yellowstone Ave and north of Briscoe Road in Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Medium Density Residential, with the bulk of the property designated as Commercial. Type of Action: Recommendation. STAFF FINDINGS: After review the application, Staff finds that it likely meets the requirements for the Change in Land Use District. • The Comprehensive Plan Future Land Use map designates this area for Medium Density Residential land uses and development. • Properties to the west and south are large lot single family dwellings, a large mobile home park is on the north side, and land to the east is under consideration for a CUP to allow multi- family development in the C-2 zone. • The remainder of the development site (2.2 acres) is already in the C-2 zone; this request would bring the entire project into a single zone and prevent this portion from being cut off from street access. • The applicant has met City Code requirements to be heard for a change in land use district. • Staff recommends approval of the request. FACTS BACKGROUND: This request will precede a request for a CUP on the remaining area (2.45 acres total) for multi -family development in the C-2 zone. Most of the overall site is farmland and never before developed. TYPE OF COMMISSION ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the standards for approval). The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. APPLICANT: Jonathan Vincent 975 E Pidcock Inkom, ID 83245 OWNER: Sparkles Enterprises / Yellowstone Village LLC 4738 Summerwood Dr Bountiful, UT 84010 PROFESSIONAL SERVICES: A & E Engineering PO Box 1327 Pocatello, ID 83204 LOCATION: The site is in the NE 1/4 of the NW 1/4 of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho. Generally located at the NW corner of Briscoe Road and Yellowstone Avenue. • The site comprises the western 58' (approximately) of Bannock County parcel number RCCPC012904. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Limited Residential (R-2) PROJECT SIZE: ±.25 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: One outbuilding SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS: Yellowstone south of New Day/Siphon: 2021, 10,492/day 2020, 10,719day Yellowstone north of Park Lawn 2019, 11,953/day 2015, 10,909/da NORTH: Mobile home park; Limited Residential (R-2) and Commercial General (C-2) EAST: Farmland — under application for CUP; Commercial General (C-2) zone SOUTH: Single family home; Limited Residential (R -2) and Commercial General (C-2) WEST: Single family homes on large lots; Limited Residential (R-2) zone SERVICES: ACCESS STREET: Through other parcels to Briscoe Rd and Yellowstone — access to Yellowstone will be closed FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: 1. In accordance with City Code 18.28.020 and Resolution 2020-03, a complete petition and fees for a Change of Land Use District were filed with the City at least 29 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.20, the application is scheduled to be heard at the June 8, 2021 Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In accordance with City Code 18.28.020, notice of the public hearing was provided as follows: a. Publication in the Idaho State Journal at least 15 days prior to the hearing; Notice posted on the premises at least 7 days prior to the hearing; c. Mailing to those within a 300 ft. radius of the property; and d. Notices posted prominently at the City office at least 10 days prior to the hearing. 4. The hearing will be conducted in accordance with procedures established by City Code 18.28.020 and Idaho Governor Brad Little's State of Emergency Proclamation of March 13, 2020. 5. In accordance with Idaho Code §67-6511, notice was provided to political subdivisions providing services within the City. 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 PUBLIC COMMENT: No written comments were received as of this report. ANALYSIS AND RECOMMENDATIONS: The Commission must determine if it is in the best interest of the City of Chubbuck and adjacent land owners to recommend this parcel be annexed into the City of Chubbuck. See Standards for Review in Exhibit 3b below. Staff recommends approval of the requested change. • It will bring the entire parcel and project into a single zone — C-2. • R-2 zoning would not allow the multi -family CUP to go forward on the entire parcel. Recommended Conditions: None. EXAMPLE MOTIONS APPROVAL (WITH CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a request for change in Land Use District are satisfied, I move to approve the request as described in the application materials with the following conditions: ............. (if found necessary by LUDQ. APPROVAL (WITHOUT CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a request for change in Land Use District are satisfied, I move to approve the request as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a request for change in Land Use District are not satisfied, I move to deny the change in Land Use District 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) 237-2430 DATE: May 28, 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. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 EXHIBITS 1. Reference Map 2. Application for Zone Change 3. Zoning and Land Use a. Current Zoning Map and Proposed Change b. Standards for Reviewing a Change in Land Use District 4. Comprehensive Plan a. Future Land Use Map b. Additional Policies Relevant to the Application 5. Evidence of Notice a. Notification Area — 300 Feet b. Mailing List c. Site Posting d. Copies 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 Exhibit 1: Reference Map " .j Yellowstone Villose Zone Chonge Yellowstone Villoge Zone Chonge Exhibit 2: Application for Zone Change City of Chuhhuck Land Use Application CONDITIONAL U1 F PERMIT CHANGE OF LAND USE DISTRICT ❑ VARIANCE ❑ ANNEXATION & ZONING COMPREHENSIVE PLAN CHANGE City Official, CHUBBUCK Igloo Date ❑/m/M II -1=11T-1 C❑ 1❑ 1 t 1 1 I Name of Apptieant:R e1 Phone: 7 Mailing Address s 5t Email address: Filing fee of 5 plus S 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: 120 _ Initials Receipt # 3. Project location: c l 4. Existing Land Use District: ` D ��' Z-- i d 7v 5- Describe Proposal: 6. The approval of this exception does not sanction the violation of any ordinance. 7. 1 attest to the truth and exactness of all information supplied on this application. I will develop or use the subje pr�perty as set forth herein. Signe of Applicant Date PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION: Q Earnest Money Agreement - or - ❑ Warranty Deed Copy ❑ 18 X 24 Drawings (as listed below) ❑ 8 1/2 X I 1 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, ❑ 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 gond 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 l 1" reduction of 18" x 24` drawing Scale: Site plan 1.20 minimum Floor plan 114" z 1'- 0" minimum Rerihed: 5-9-2114. PRA Yellowstone Villoge Zone Chonge Exhibit 2: Application for Zone Change Yellowstone Village Narrative City of Chubhuck staff, I am requesting that the Y, acre {approx.10%) of proposed Yellowstone Village be changed from zoning R-2 to C-2 so that the entire piece have the same zoning. Currently the comprehensive plan land use map does not align with each other in this area. The zone change would put the entire piece in the same zone, If the N, acre piece was not changed from R-2 to G2, then this small % acre piece would be left land locked and unusable. The change would not affect any other jurisdictions. Also, the access Point would be the same, so the change should support the proposal without creating other issues offsite. Jonathan inc nt Owner Gate City Builders Exhibit 3a: Current Zoning Map Yellowstone Villoge Zone Chonge New Day Pkwy Exhibit 3b: Standards for Reviewing a Change in Land Use District State and City laws, as well as the City of Chubbuck Comprehensive Plan, guide the review of applications for changes in land use districts/zoning. Specifically: 1. Idaho Code: §67-65 Local Land Use Planning Chubbuck City Code: Title 18, Land Use City of Chubbuck Comprehensive Plan Our Valley Our Vision (as amended) City Code 18.28.050 states "No variance shall be granted, nor any conditional use permit issued, nor any revision to this title adopted, unless such action is consistent with the city's comprehensive plan." Staff has identified the following as potentially applying to this application; decision makers should evaluate the following summaries and determine if they are applicable to the proposal. Other code and policy may be identified from State Law, City Code, or the Plan. Summaries of codes, goals, objectives, and policies may not be verbatim. IDAHO CODE §67-6511: ZONING ORDINANCE SUBSECTION 2(a) REQUESTS FOR AN AMENDMENT TO THE ZONING ORDINANCE — DELIVERY OF SERVICES STATE LAW Consider effects of zone change upon delivery of services by any political subdivision providing public service within the City RESPONSE Notices were sent to each of the following agencies regarding the proposed action COMMENT Bannock County Planning & Development: No concerns/no comment received Fort Hall Irrigation Project/Bureau of Indian Affairs: No concerns/no comment received Pocatello Regional Airport: No concerns/no comment received Pocatello/Chubbuck School District 25: No concerns/no comment received Pocatello-Chubbuck Auditorium District: No concerns/no comment received Southeastern Idaho Public Health: No concerns/no comment received SUBSECTION 2(C) PROPOSED CHANGES — COMPLIANCE WITH THE COMPREHENSIVE PLAN STATE LAW Governing board to analyze proposed changes to ensure they are not in conflict with the policies of the Comprehensive Plan RESPONSE If the request is in conflict with the Plan, OR would result in demonstrable adverse impacts on public services per subsection 2(a), governing board may: • Require the application be submitted to the LUDC, or • In the absence of a commission, consider an amendment to the Plan COMMENT All applications for changes in land use district/zoning are presented to the LUDC for recommendation before going to the City Council COMPREHENSIVE PLAN CHAPTER 4: LAND USE THE PLAN DISTRICT -ZONE DISTRICT CONVERSION TABLE INDICATES WHICH ZONING DISTRICTS SHALL BE ALLOWED WITHIN EACH PLAN DISTRICT OBJECTIVE Only the zoning districts listed in the table shall be allowed in the corresponding plan districts as shown on the Comprehensive Plan Map Plan Designation Medium Density Residential (MDR): R-2 Limited Res., R-3 General Res. COMMENT The intent of zoning and of the comprehensive plan is also to allow for development to happen in an orderly fashion. Many parcels straddle boundaries between planned land uses. The Commission and Council determine the appropriateness of different proposals both near and far away from boundaries.. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 B A 0 GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The project is 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 partially surrounded by developed land. 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 partially surrounded by developed land. Services are already available at the site where development is most desirable for the city. 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 intent of zoning and of the comprehensive plan is also to allow for development to happen in an orderly fashion. Many parcels straddle boundaries between planned land uses. The Commission and Council determine the appropriateness of different proposals both near and for away from boundaries.. POLICY f. Encourage residential infill in suitable locations COMMENT Although it is not considered infill, the project is located in an area already served by sewer and water. 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 will provide multi -family development in the Yellowstone corridor and improve the frontage and views of this gateway into the city. See additional Comprehensive Plan Goals, Objectives, and Policies in Exhibit 4b. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 lao�t_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us Yellowstone Villoge Zone Chonge Exhibit 4a: Comprehensive Plan Future Land Use Map Exhibit 4b: Comprehensive Plan Additional Policies Relevant to the Application Staff has identified the following goals, objectives, and policies as potentially applying to this application, decision makers should evaluate the following summaries and determine if they are applicable to the proposal and if others can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.1 Increase the efficiency of functional class roads POLICY No policy was included in the Comprehensive Plan for this objective; however the City promotes efficiency and safety on collector and arterial roads by following approved design standards and access management guidelines COMMENT Briscoe Rd is designated a collector; additional right-of-way will be part of the dedications with the plat application. CHAPTER 9: NATURAL RESOURCES GOAL 9.5 PRESERVE FARMLAND WITHIN THE REGION OBJECTIVE 9.5.1 Preserve prime farmland for productive agricultural use for as long as is practical POLICY f. Within agricultural zoning districts, limit residential densities to an average of no more than one dwelling per 40 acres. For new rural development in agricultural districts, use lot -size averaging to cluster homes on small lots while maintaining large parcels for agricultural use COMMENT The project is consuming 2.5 acres of farmland, adjacent to Yellowstone. * The Comprehensive Plan includes several strategies with the policies in certain chapters. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1 0 B A 0 I] 1 �7 Exhibit 6a: 300' Notification Area 11 t I 7M ia5 1�. I 'F--1 Il c,� I• us ;csss ssesu».innssussuscs+� X55 �I 5s5s.F�s!a 5555 ai �ss>" `'E SSSS 5: 5555 i 5555 51 S555 57 5555. "555&0, -55 da5555 d8 ".7 1 138 1 12a 207 i The I ❑gl 1 - 1;{ 'QIIC Sm S"S Tot spot 1'. J I Owner included Yellowstone Village Zone Change Pubiic Notification A x Select or search for a feature n lie map iAddress q j O 14 d V Apply a saeich ula5a lice 300 Fees Addressee layer Parcel Owner Format r LPDF label 1 z 4 inches; 20 per page - 31 addressees found; do you wam To continua? BE LVA TUBBS C/O WENDY ROSE CELSO G CACHINHO NET PROPHET LLC 505 S BRIDGE ST 156 BRISCOE 146 CHUBBUCK RD. #C ST ANTHONY ID CHUBBUCK ID CHUBBUCK ID 83445 83202 83202 RICHARD L NEWLIN 177 VALLEYVIEW DR POCATELLO ID 83204 WILLIAM ARMSTRONG PO BOX 2593 IDAHO FALLS ID 83403 RESIDENT -TOWN AND COUNTRY 19 5555 YELLOWSTONE AVE TRLR 19 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 22 5555 YELLOWSTONE TRLR 22 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 29 5555 YELLOWSTONE AVE TRLR 29 CHUBBUCKID 83202 RESIDENT - TOWN AND COUNTRY 36 5555 YELLOWSTONE AVE TRLR 36 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY40 5555 YELLOWSTONE AVE TRLR 40 CHUBBUCKID 83202 RESIDENT - TOWN AND COUNTRY 44 5555 YELLOWSTONE AVE TRLR 44 CHUBBUCKID 83202 ROBERT DANIEL AUSTIN 201 W SIPHON RD. POCATELLO ID 83202 RESIDENT -TOWN AND COUNTRY 17 5555 YELLOWSTONE AVE TRLR 17 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 20 5555 YELLOWSTONE AVE TRLR 20 CHUBBUCKID 83202 RESIDENT-- TOWN AND COUNTRY 24 5555 YELLOWSTONE AVE TRLR 24 CUBBUCKID 83202 RESIDENT - TOWN AND COUNTRY 30 5555 YELLOWSTONE AVE TRLR 30 CHUBBUCKID 83202 RESIDENT- TOWN AND COUNTRY 37 5555 YELLOWSTONE AVE TRLR 37 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 41 5555 YELLOWSTONE AVE TRLR 41 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 45 5555 YELOWSTONE AVE TRLR 45 CHUBBUCKID 83202 TERRENCEJ MERZLOCK 12260 N HILINE POCATELLO ID 83202 RESIDENT- TOWN AND COUNTRY 18 5555 YELLOWSTONE AVE TRLR 18 CHUBBUCKID 83202 RESIDENT-TOEN AND COUNTRY 26 5555 YELLOWSTONE AVE TRLR 26 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 28 5555 YELLOWSTONE AVE TRLR 28 CHUBBUCKID 83202 RESIDENT-TOEN AND COUNTRY 31 5555 YELLOWSTONE AVE 31 CHUBBUCKID 83202 RESIDENT - TOWN AND COUNTRY 39 5555 YELLOWSTONE AVE TRLR 39 CHUBBUCKID 83202 RESIDNET- TOWN AND COUNTRY 43 5555 YELLOWSTONE AVE TRLR 43 CHUCBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 46 5555 YELLOWSTONE AVE TRLR 46 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 47 RESIDENT -TOWN AND COUNTRY 48 RESIDENT -TOWN AND COUNTRY 49 5555 YELLOWSTONE AVE. TRLR 47 5555 YELLOWSTONE AVE. TRLR 48 5555 YELLOWSTONE AVE. TRLR 49 CHUBBUCKID CHUBBUCKID CHUCBBUCKID 83202 83202 83202 � 6( SA-t�_ q�l RESIDENT -TOWN AND COUNTRY 50 RESIDENT -TOWN AND COUNTRY 51 RESIDENT --TOWN AND COUNTRY 52 5555 YELLOWSTONE AVE TRLR 50 5555 YELLOWSTONE AVE TRLR 51 5555 YELLOWSTONE AVE TRLR 52 CHUBBUCKID CHUBBUCKID CHUBBUCKID 83202 83202 83202 RESIDENT -TOWN AND COUNTRY 53 5555 YELLOWSTONE AVE. TRLR 53 CHUBBUCKID 83202 RESIDENT- TOWN AND COUNTRY 56 5555 YELLOWSTONE AVE TRLR 56 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 54 5555 YELLOWSTONE AVE. TRLR 54 CHUBBUCKID 83202 RESIDENT --TOWN AND COUNTRY 57 5555 YELLOWSTONE AVE. TRLR 57 CHUBBUCKID 83202 RESIDENT --TOWN AND COUNTRY 55 5555 YELLOWSTONE AVE. TRLR 55 CHUBBUCKID 53202 KEITH TANEBE SPUD BUDDIES LLC TOWN AND COUNTRY LLL 148 N 12TH 25814 N 102 AVE PO BOX 2396 MONTEBELLO, CA 90064 PEORIA, AZ 85383 HAILEY, ID 83333 BLAINE BINGELLIE 197 W SYPHON RD CHUBBUCK, ID 83202 DAVID GRIFFITHS 138 BRISCOE POCATELLO, ID 83202 CHANDA RODRIGUEZ 210 BRISCOE RD CHUBBUCK, ID 83202 LEW ZACHARY 153 BRISCOE RD CHUBBUCK, ID 83202 YUE XUEFENG 3476 AMBRA WAY SAN JOSE, CA 95132 ENRIQUE FERREYRA 291 LA MONTAGNA STRADE POCATELLO, ID 83201 GEROLD REED 5409 YELLOWSTONE AVE POCATELLO, ID 83202 DON BLIESNER 804 MORAN ST CHUBBUCK, ID AUSTIN DANIEL RD201 W SYPHOM E POCATELLO, ID 83202 BONNIE GRISCHKOWSKY 152 BRISCOE RD CHUBBUCK, ID 83202 ABEL ORTIZ 207 BRISCOE RD CHUBBUCK, ID 83202 !NATHAN EVANS 2010 FLANDRO DR POCATELLO, ID 83202 MARK MITCHELL 141 BRISCOE DR CHUBBUCK, ID 83202 ADAM BABB RR 2 BOX 158D POCATELLO, ID 8202 LUPE HERNANDEZ 123 BELVA LN CHUBBUCK, ID 83202 MARMALADE PROPERTIES 2891 SHELLY PLACE POCATELLO, ID 83201 CACHINHO CELSO 156 BRISCOE RD C CHIT MILK. ID A3.202 BOBCAT PROPERTIES 2010 FLANDRO DR POCATELLO, ID 83202 TYLER REDMAN 709 RACHEL ST TROY, I D 83871 KRISTEN EDMO 133 BRISCOE RD CHUBBUCK, ID 83202 NET PROPHET LLC 1300 COMBERMERE DR. TROY, M 148083 KATIE JOHNSTON 5423 YELLOWSTONE AVE CHUBBUCK, ID 83202 Yellowstone Village Zone Change Exhibit 6c: Site Posting Sign posted May 20, 2021 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 YELLOWSTONE VILLAGE APPLICATION FOR A CONDITIONAL USE PERMIT - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON JUNE 8, 2021 SUMMARY DESCRIPTION: An application for a Conditional Use Permit to build multifamily residential buildings on approximately 2.45 acres of land in the Commercial General (C-2) zone (90%) and Limited Residential (R- 2) zone (10%). The R-2 portion is under concurrent application for a change to the C-2 zone (see companion notice regarding zone change request). The subject property is in the NE 1/4 of the NW 1/4 of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the northwest corner of Yellowstone Ave and Briscoe Rd in 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). Residential developments, including multifamily buildings, may be permitted in the Commercial General (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. CUP follows a request for a zone change on a small part of the site (10%, or 2.45 acres). The applicant has met City Code requirements to be heard for a CUP. Staff recommends approval of the proposed multi -family land use and general site plan. FACTS BACKGROUND: The project site is at the corner of Yellowstone and Briscoe. Briscoe is designated a collector street in the Comprehensive Plan Functional Road Classification System, so additional right-of-way will be dedicated with the plat. ITD will widen Yellowstone along the eastern side of the property when the New Day/Siphon Road intersection is improved. This site includes an older brick home facing Yellowstone that will be torn down. Yellowstone Village 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 c. Chapter 18.28.040: Conditional Use Permits APPLICANT: OWNER: PROFESSIONAL SERVICES: Jonathan Vincent Sparkles Enterprises / Yellowstone Village LLC A & E Engineering 975 E Pidcock 4738 Summerwood Dr PO Box 1327 Inkom, ID 83245 Bountiful, UT 84010 Pocatello, ID 83204 LOCATION: The site is in the NE 1/4 of the NW 1/4 of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho. Generally located at the NW corner of Briscoe Road and Yellowstone Avenue. • The site includes Bannock County parcel numbers RCCPC012905, RCCPC012904, and RCCPC012902. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Commercial General (C-2 - 90%) and Limited Residential (R-2 - 10%) PROJECT SIZE: ±2.45 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: House and sheds RECENT TRAFFIC COUNTS: Yellowstone south of New Day/Siphon: 2021, 10,492/day 2020, 10,719day Yellowstone north of Park Lawn 2019, 11,953/day 2015, 10,909/day SURROUNDING LAND USES AND ZONING NORTH: Mobile home park; Commercial General (C-2) and Limited Residential (R-2) EAST: Farmland; Bannock County "Multiple Use" zone SOUTH: Single family homes and daycare; Commercial General (C-2) WEST: Single family homes on large lots; Limited Residential (R-2) SERVICES: ACCESS STREET: Briscoe Road — access to Yellowstone will be closed FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: PO Box 5604 - 5160 Yellowstone Avenue, Chubbuck, ID 83202 lao�t-\ 208.237.2430 - Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 Yellowstone Village CUP 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 18.28.020, the application is scheduled to be heard at the June 8, 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 proposal is greater density than other development along Briscoe Road, but the site is at the eastern terminus and should have minimal impact to the rest of the street. Final design of landscaping, fencing, and lighting will reduce impact on adjacent single family home. 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. Final design of landscaping, fencing, and lighting will also reduce impact on adjacent single family home. 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: Staff believes if there is any negative impact on transportation facilities, public utilities, schools, public parks or the natural environment, it would be no greater than if the strict terms 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 Yellowstone Village CUP of the zoning code were satisfied (without granting a CUP). The access to the facility will align with Belva Lane to reduce turning conflicts at the intersection. 4. Account shall be taken of noise and traffic conditions in the vicinity of the land for which the permit is sought. Analysis: Staff believes the potential noise, and number of trips per day, are likely less than many other uses allowed in the General Commercial (C-2) zone. Multi -family homes typically generate 7 trips per day (single family homes generate an average of 70 trips/day). 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 and site plan are different from current conditions, but well within what is expected in the C-2 zone. With a single access near the eastern terminus of Briscoe Rd there should be no unreasonable hardship. 6. Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands. Analysis: The buildings are "attached" and are not typical of standalone 4-plexes. They are aesthetically pleasing and will complement the Yellowstone corridor. 7. Account shall be taken of the support or opposition expressed by 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: There is a very high demand for housing within the city and Portneuf Valley. While there may be permitted commercial uses suitable for the site, there is greater demand for the residential at this time. 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. After the ITD project to widen Yellowstone is complete, his site will be connected by sidewalk to Chubbuck's commercial core. 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. 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 Yellowstone Village CUP 12. Any permit granted hereunder may contain provisions for assuring that the development is maintained properly. Analysis: The common areas will maintained, including stormwater basin, landscaping, and recreation area. 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 services other than the standard requirements are 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 proposed multi -family land use and general site plan. EXAMPLE MOTIONS APPROVAL (WITH CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve the Conditional Use Permit as described in the application materials with the following conditions: 1 . ................ (if found necessary by LUDQ. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 1940�t_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 Yellowstone Village CUP 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: May 28, 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 — Yellowstone Village 2. Application Materials a. Completed Application b. Site Plan c. Additional Information d. Copy of Warranty Deed and Purchase and Sale Agreement on file w/staff 3. CUP Questionnaire 4. Current Zoning Map 5. Comprehensive Plan a. Future Land Use Map b. Policies Relevant to the Application 6. Evidence of Notice a. Notification Area — 300 Feet b. Mailing List c. Site Posting d. 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 Exhibit 1: Reference Map " Yellowstone Village CUP City of Chllbhllck Land Use Application CONDITIONAL [ISE PERMIT CHANGE OF LAND USE DISTRICT ❑ VARIANCE ❑ ANNEXATION & ZONING ❑ COMPREHENSIVE PIAN CHANGE 1 0 A A 0 City Official' Date: m 1 m 1 m Yellowstone Village CUP Exhibit 2a EII/ED/01 Pm l Name of Applicant: tiz Phone: J 1 7 Mailing Address: c Email address: Q�., �. Filing fee of S 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: r. _ t c l Existing Land Use District: C _ �� — 10 `7Q Describe Proposal: ; LA ,e 06. The approval of this exception does not.... tion 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 subje prpperty as set forth herein. 111111111110 _� ®, r Z, Signa of Applicap:r Dote PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION: C] Earnest Money Agreement - or . ❑ Warranty Deed Copy ❑ 18 X 24 Drawings (as listed below) ❑ 8 112 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, 11 Business License Application RD ❑ Other Assessments or Studies: STANDARDS FOR ILLUSTRATIVE DRAWINGS: The intent of these standards is to produce drawings when required or necessary jvr 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 C2" x I 1 " reduction of 18" x 24" drawing Scale: Site plan 1:20 minimum Floor plan 1A" = 1' - 0" minimum Revised; 5.5-2014. PRA Site Plan Yellowstone Village Subdivision A Subdivision Located in the NE -Y4 of the NW lY4 of Section 3, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho 50' 25' 0 50' Scale 1"= 50' Basis of Bearina The East Zone of the Idaho State Plane Coordinate System. LEGEND 0 s0 X W ■r1_ C: C: North Y4 Corner of Sec. 3. Found ITD monument in vault as described in CP&F Inst. NO. 21111672 —�10 Typ'---- -- N89° 55' 10.57"E 363.01 i iR4° ra' -�s -�a"F X1 7 nn 52.00 52.00 52.00 52.00 52.00 52.00 46.00 Trash Enclosure 46.00 S89° 38' 53.00"W 133.49 I O O O 06 OIC _I � N O O O Z C6 N OI z I -Briscoe Road Found Section Corner Existing Utility Pole & Power Line Existing Utility Guy Pole & Guy Wires Sanitary Sewer Manholes Fire Hydrant Water Valve Proposed Boundary Lines Proposed Lot Lines Original Lot & Property Lines Existing Fence Lines Sectional Lines Sanitary Sewer Lines Water Lines Not To Scale 3 Bedrooms 2,19 5 S. F. Typical Unit Size 46.00 0 IF O 0 N 46.00 O O N O � N U) 0 O O N O Ln N 46.00 46.00 etention tuna storage Volume: 8 310 C.F. I S89' 38' 53.00"W 262.56 —50'- —O — — — a� c 0 J Q) M 4.11' 33.00 1� South Y4 Corner of Sec. 3. Found 3" BMC in vault as described in CP&F Inst. No. 21320172 c(0 N LO cV N I � Q O 4_J I Cn O I N I enter Y4 Corner of Sec. 3. Bund ITD Monument in vault s described in CP&F Inst. o. 21320659 Yellowstone Village CUP Exhibit 2b Project Location 3 w za a ADAMS STREET o 0 } 0 SECTION 3 _O Q V J y O JQ Z AM AVE. u 3 -O � C Q TUART AVE. x � CHUBBUCK ROAD VICINITY MAP N.T.S. NOTES Total Lots Building Lots: 13 Average Size: 2,195 SF Total Acreage: 2.45 acres Intended Use: Multi Family Residential Zonlna (C2) General Commercial Requesting Conditional Use Permit for (R-4) Dense Residential use. Flood Plain Property is located in Zone X (area of minimal flood hazard) per FEMA Flood Panel 16005CO237D, effective on 07/07/2009 Notes All lots will have a shared access from Briscoe Road. Storm Water Retention Pervious Area: 1.55 Acres Impervious Area: 0.90 Acres Minimum Required Storage: 4,280 Cubic Feet Culinary Water Each unit shall have culinary water service from the City of Chubbuck. Sanitary Sewer Each unit shall have sanitary sewer service from City of Chubbuck. Developer Gate City Builders 975 E Pidcock Inkom, ID 83245 (208)221-5537 Owner William Armstrong PO Box 2593 Idaho Falls, ID 83403 (208)242-6237 Enaineer/Survevor A&E Engineering, Inc PO Box 1327 Pocatello, ID 83204 (208)233-4226 Krystal Chanda, MS, PE Damon Rush, PLS Yellowstone Village Subdivision Site Plan JOB No. 2021-022 PRINT DATE: DWG. No. DRAWN BY: KLC DATE: 03/24/21 SHEET 1 OF 3 SHEETS 538 A LAiED CHECKED BY: — DATE: — . DLR DATE: PLOT SCALE: 1. 60 1 DATE PLOTTED: BY: ENGINEERING INC. 845 WEST CENTER STREET, SUITE E P.O. BOX 1327, POCATELLO, ID 83204 PHONE: 208-233-4226 30' 15' 0 30' Scale 1"= 30' Basis of Bearine The East Zone of the Idaho State Plane Coordinate System. LEGEND SHRUB TREE TYPE 1 TREE TYPE 2 PICNIC TABLE SIDEWALK INDIVIDUAL LOT(SOD) SHARED SPACE(SOD) 3 INCH RIVER ROCK 101 Landscape Plan Yellowstone Village Subdivision A Subdivision Located in the NE Y4 of the NW -Y4 of Section 3, Township 6 South, range 34 east, Boise Meridian, Bannock County, Idaho �� j,,,------,,,,,,,,,,,,,�� i/�,,------ 10 110400, % y �. e IIIIIIIIIIII 4 d 1*1 E LS 11 99 (n 0I - ..d I' I' I I I I I I I II I I I I, I, NOTES Required Landscaping Adjacent to Public Rights of Ways: Place trees along Yellowstone Ave. and Briscoe Road per 18.14.020.D1 every 50 feet. Parking Area Interior Landscaping: Total Parking Area: 0.91 Acres Total Landscaping Area Required: 0.045 Acres Total Landscaping Area Provided: 0.063 Acres Planting Numbers: Total Number of Trees: 29 Total Number of Shrubs: 55 1. COMMON LOTS ARE RESTRICTED AS NON—BUILDABLE, AND TO BE USED FOR STORM WATER RETENTION AND RECREATION FOR THE RESIDENTS OF THE DEVELOPMENT. 2. LANDSCAPE PLAN SHOWN MAY DIFFER IN QUANTITY AND/OR TYPES OF PLANTINGS, BUT THE AMOUNT OF LANDSCAPING WILL BE ADHERED TO. Yellowstone Villa e Subdivision Preliminary Landscape Plan JOB No. 2021-022 PRINT DATE: DWG. No. DRAWN BY: KLC DATE: 03/24/21 SHEET 1 OF 3 SHEETS 1538 3 ov ^ CHECKED BY. - DATE: - CALCULA � DLR DATE: PLOT SCALE: 1. 60 1 DATE PLOTTED: BY: ENGINEERING INC. 845 WEST CENTER STREET, SUITE E P.O. BOX 1327, POCATELLO, ID 83204 PHONE: 208-233-4226 rg * to * 14 im, o. JRN Conditional Use Permit Questionnaire Applicant:a-Ct-(-,-� Lc e Ler Address: 7 5 F— City:- State:- Zip: 2, Y' s` CHUB Yellowstone Village CUP Exhibit 3 1 H R H a 1. Describe how this application will be beneficial to the neighborhood or otherwise foster public health, safety or welfare. 1 y tal T 5 -Lee t I t �n In o✓" Ye - 4 -)'11 e - Leis G�uC - ;,� rr 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? !L Ay -a-', ties 1" `L1"+2 1' 7; 1 of 3 Revised 1-25-2017 PBA Yellowstone Village CUP Conditional Use Permit Questionnaire L Exhibit 3 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? 6. What considerations have been given to the aesthetic qualities of the proposed use and surrounding lands? 7. Address how adverse impacts on other developments within the City have been minimized as much as possible. 8. Describe the sequence and timing of the proposed development. 9. How will the development be properly maintained? 2of3 Revised 1-25-2017 PBA Yellowstone Village CUP Conditional Use Permit Questionnaire I Exhibit 3 10 Designate the exact location and nature of the development. fl it e- V e ia..�-�Oi.Q 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 Yellowstone Village CUP Exhibit 4: Current Zoning Map Yellowstone Village CUP Exhibit 5a: Comprehensive Plan Future Land Use Map Yellowstone Village 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. 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 Although it is not considered infill, the project is located in an area already served by sewer and water. 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 in the Yellowstone corridor where greater intensity is desired.. 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 C-1 and C-2 zoning. Multifamily and other residential uses may be permitted in the C-1 and C-2 zones. POLICY f. Encourage residential infill in suitable locations COMMENT Although it is not considered infill, the project is located in an area already served by sewer and water. POLICY g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT There are numerous under -developed and vacant parcels in the C-2 zone. 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 will provide multi -family development in the Yellowstone corridor and improve the frontage and views of this gateway into the city. 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 Briscoe Rd is designated a collector,• additional right-of-way will be part of the dedications with the plat application. 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 site is on the PRT bus route that serves Chubbuck. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 B A 0 Yellowstone Village CUP 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 A sidewalk on Briscoe will be part of this project. ITD's Siphon/New Day project will include sidewalk down Yellowstone to connect with the city pedestrian system. 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 A sidewalk on Briscoe will be part of this project. ITD's Siphon/New Day project will include sidewalk down Yellowstone (both sides) to connect with the city pedestrian system. 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 Nearby homes are predominantly one-story, but two story homes (35) are allowed in the R-2 zone. Although C-2 zoning allows much higher structures, this proposal is for two story buildings only. POLICY c. Encourage the development of well -landscaped parking lots and buffer strips on major corridors COMMENT The development is providing landscape strips along both streets, Briscoe and Yellowstone, and a landscape pockets in other areas. OBJECTIVE 6.2.2 Encourage infill and redevelopment to be pedestrian -oriented POLICY a. New infill and redevelopment housing shall be designed so that: • Garages and carports are set back farther from the street than the front of the dwelling • Usable front porches or balconies are provided and are oriented to the street COMMENT Provide comment or delete section if not applicable POLICY e. Coordinate parking space standards and parking lot designs with pedestrian, bicycle and transit systems COMMENT Although the site is on the PRT bus route for Chubbuck, the nearest stops are not accessible by foot. After completion of the ITD project access will improve. GOAL 6.3 IN NEW NEIGHBORHOODS, PROVIDE A BETTER MIX OF RESIDENTIAL AND COMMERCIAL LAND USES AND A MORE WALKABLE COMMUNITY OBJECTIVE 6.3.2 Use neighborhood design principles for new development within Neighborhood Plan Districts, as defined on the Growth Management Plan Map POLICY a. New neighborhoods shall be designed to meet the following design principles: • Connect streets with other streets to provide a network • Use distinct edges or boundaries to define the neighborhood • Include sidewalks that are safe, convenient, and interesting • Incorporate parks and institutions into neighborhoods • Provide a mix of housing choices and types • Design neighborhoods to accommodate bus transit PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /641—o'e\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us Yellowstone Village CUP COMMENT Although the site is on the PRT bus route for Chubbuck, the nearest stops are not accessible by foot. After completion of the ITD project access will improve. 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 current city limits and the USB. POLICY e. Ensure that new development in wildfire prone areas implements precautionary measures COMMENT The property is not is not in a wildfire prone area. GOAL 7.5. MANAGE STORMWATER RUN-OFF TO REDUCE SOIL EROSION AND FLOODING OBJECTIVE 7.5.1 Develop and keep up-to-date, a cost-effective and environmentally sensitive stormwater facility master plan POLICY a. Encourage new development to retain stormwater runoff on-site COMMENT Stormwater is planned to be retained in the large landscape area at the center of the site. POLICY d. Limit development on steep slopes COMMENT This site is not in a sloped area. 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 d. Public water and sanitary sewer services shall be required for all new urban development within the urban service boundary COMMENT Water and sewer services are already at the site. POLICY e. City annexation shall be required before public water or sanitary sewer service is provided to new development. COMMENT The project is within the City limits. OBJECTIVE 7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many residents as possible POLICY b. New water and sewer lines into unserved areas shall be provided at the developer's expense COMMENT Water and sewer services are already at the 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 This project, which qualifies as infill, is developing at about 27 units/acre. POLICY b. Require and impose current municipal standards on areas where utilities are extended COMMENT Water and sewer services are already at the site. CHAPTER 8: RECREATION GOAL 8.1 BROADEN RECREATIONAL OPPORTUNITIES PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 194�0t\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us Yellowstone Village CUP 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 Some recreational equipment is planned with the project. The nearest park, Capell Park, is not yet accessible by foot to this site. CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled POLICY d. Provide a mix of land uses, a more -connected street network, and alternative modes of transportation, including buses and shuttles COMMENT The project provides a new land use for the area, but it is not yet accessible to pedestrian/bicycle and bus networks. At the outset it will be car -dependent. GOAL 9.5 PRESERVE FARMLAND WITHIN THE REGION OBJECTIVE 9.5.1 Preserve prime farmland for productive agricultural use for as long as is practical POLICY f. Within agricultural zoning districts, limit residential densities to an average of no more than one dwelling per 40 acres. For new rural development in agricultural districts, use lot -size averaging to cluster homes on small lots while maintaining large parcels for agricultural use COMMENT The project is consuming 2.5 acres of farmland, adjacent to Yellowstone. 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 proposal would provide a new housing type (multifamily) in the area. 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 Because the project is in our Yellowstone Corridor and city core, and requires a CUP, it has been held to a higher standard through the Design Review process. Staff suggestions have been incorporated where possible into the design. 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 project will not initially be adjacent to the desired land uses, as they have not been developed. There is potential on vacant and underdeveloped parcels nearby. * The Comprehensive Plan includes several strategies with the policies in certain chapters. Aii��Ot\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us I] 1 �7 Exhibit 6a: 300' Notification Area 11 t I 7M ia5 1�. Il c,� I• us ;csss ssesu».innssussuscs+� X55 �I 5s5s.F�s!a 5555 ai �ss>" `'E SSSS 5: 5555 i 5555 51 S555 57 5555. "555&0, -55 da5555 d8 ".7 1 138 1 12a 207 i The I ❑gl 1 - 1;{ 'QIIC Sm S"S Tot spot 1'. J I Owner included Yellowstone Village CUP Pubiic Notification A x Select or search for a feature n lie map iAddress q j O 14 d V Apply a saeich ula5a lice 300 Fees Addressee layer Parcel Owner Format r LPDF label 1 z 4 inches; 20 per page - 31 addressees found; do you wam To continua? BE LVA TUBBS C/O WENDY ROSE 505 S BRIDGE ST ST ANTHONY ID 83445 RICHARD L NEWLIN 177 VALLEYVIEW DR POCATELLO ID 83204 WILLIAM ARMSTRONG PO BOX 2593 IDAHO FALLS ID 83403 RESIDENT -TOWN AND COUNTRY 19 5555 YELLOWSTONE AVE TRLR 19 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 22 5555 YELLOWSTONE TRLR 22 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 29 5555 YELLOWSTONE AVE TRLR 29 CHUBBUCKID 83202 RESIDENT - TOWN AND COUNTRY 36 5555 YELLOWSTONE AVE TRLR 36 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY40 5555 YELLOWSTONE AVE TRLR 40 CHUBBUCKID 83202 RESIDENT - TOWN AND COUNTRY 44 5555 YELLOWSTONE AVE TRLR 44 CHUBBUCKID 83202 Yellowstone CELSO G CACHINHO NET PROPHET LLCVillage CUP 156 BRISCOE 146 CHUBBUCK RD. #C Exhibit 6b CHUBBUCKID CHUBBUCKID 83202 83202 ROBERT DANIEL AUSTIN 201 W SIPHON RD. POCATELLO ID 83202 RESIDENT -TOWN AND COUNTRY 17 5555 YELLOWSTONE AVE TRLR 17 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 20 5555 YELLOWSTONE AVE TRLR 20 CHUBBUCKID 83202 RESIDENT-- TOWN AND COUNTRY 24 5555 YELLOWSTONE AVE TRLR 24 CUBBUCKID 83202 RESIDENT - TOWN AND COUNTRY 30 5555 YELLOWSTONE AVE TRLR 30 CHUBBUCKID 83202 RESIDENT- TOWN AND COUNTRY 37 5555 YELLOWSTONE AVE TRLR 37 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 41 5555 YELLOWSTONE AVE TRLR 41 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 45 5555 YELOWSTONE AVE TRLR 45 CHUBBUCKID 83202 TERRENCEJ MERZLOCK 12260 N HILINE POCATELLO ID 83202 RESIDENT- TOWN AND COUNTRY 18 5555 YELLOWSTONE AVE TRLR 18 CHUBBUCKID 83202 RESIDENT-TOEN AND COUNTRY 26 5555 YELLOWSTONE AVE TRLR 26 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 28 5555 YELLOWSTONE AVE TRLR 28 CHUBBUCKID 83202 RESIDENT-TOEN AND COUNTRY 31 5555 YELLOWSTONE AVE 31 CHUBBUCKID 83202 RESIDENT - TOWN AND COUNTRY 39 5555 YELLOWSTONE AVE TRLR 39 CHUBBUCKID 83202 RESIDNET- TOWN AND COUNTRY 43 5555 YELLOWSTONE AVE TRLR 43 CHUCBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 46 5555 YELLOWSTONE AVE TRLR 46 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 47 RESIDENT -TOWN AND COUNTRY 48 RESIDENT -TOWN AND COUNTRY 49 5555 YELLOWSTONE AVE. TRLR 47 5555 YELLOWSTONE AVE. TRLR 48 5555 YELLOWSTONE AVE. TRLR 49 CHUBBUCKID CHUBBUCKID CHUCBBUCKID 83202 83202 83202 � 6( SA-t�_ q�l RESIDENT -TOWN AND COUNTRY 50 RESIDENT -TOWN AND COUNTRY 51 RESIDENT --TOWN AND COUNTRY 52 5555 YELLOWSTONE AVE TRLR 50 5555 YELLOWSTONE AVE TRLR 51 5555 YELLOWSTONE AVE TRLR 52 CHUBBUCKID CHUBBUCKID CHUBBUCKID 83202 83202 83202 RESIDENT -TOWN AND COUNTRY 53 5555 YELLOWSTONE AVE. TRLR 53 CHUBBUCKID 83202 RESIDENT- TOWN AND COUNTRY 56 5555 YELLOWSTONE AVE TRLR 56 CHUBBUCKID 83202 RESIDENT -TOWN AND COUNTRY 54 5555 YELLOWSTONE AVE. TRLR 54 CHUBBUCKID 83202 RESIDENT --TOWN AND COUNTRY 57 5555 YELLOWSTONE AVE. TRLR 57 CHUBBUCKID 83202 RESIDENT --TOWN AND COUNTRY 55 5555 YELLOWSTONE AVE. TRLR 55 CHUBBUCKID 53202 Yellowstone Village CUP Exhibit 6b KEITH TANEBE SPUD BUDDIES LLC TOWN AND COUNTRY LLL 148 N 12TH 25814 N 102 AVE PO BOX 2396 MONTEBELLO, CA 90064 PEORIA, AZ 85383 HAILEY, ID 83333 BLAINE BINGELLIE AUSTIN DANIEL MARMALADE PROPERTIES 197 W SYPHON RD RD201 W SYPHOM E 2891 SHELLY PLACE CHUBBUCK, ID 83202 POCATELLO, ID 83202 POCATELLO, ID 83201 DAVID GRIFFITHS BONNIE GRISCHKOWSKY CACHINHO CELSO 138 BRISCOE 152 BRISCOE RD 156 BRISCOE RD POCATELLO, ID 83202 CHUBBUCK, ID 83202 C rHIl MILK. ID A3.?02 CHANDA RODRIGUEZ ABEL ORTIZ BOBCAT PROPERTIES 210 BRISCOE RD 207 BRISCOE RD 2010 FLANDRO DR CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 POCATELLO, ID 83202 LEW ZACHARY NATHAN EVANS TYLER REDMAN 153 BRISCOE RD 2010 FLANDRO DR 709 RACHEL ST CHUBBUCK, ID 83202 POCATELLO, ID 83202 TROY, ID 83871 YUE XUEFENG MARK MITCHELL KRISTEN EDMO 3476 AMBRA WAY 141 BRISCOE DR 133 BRISCOE RD SAN JOSE, CA 95132 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 ENRIQUE FERREYRA ADAM BABB NET PROPHET LLC 291 LA MONTAGNA STRADE RR 2 BOX 158D 1300 COMBERMERE DR. POCATELLO, ID 83201 POCATELLO, ID 8202 TROY, MI 48083 GEROLD REED LUPE HERNANDEZ KATIE JOHNSTON 5409 YELLOWSTONE AVE 123 BELVA LN 5423 YELLOWSTONE AVE POCATELLO, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 DON BLIESNER Yellowstone 804 MORAN ST Village CUP CHUBBUCK, ID Exhibit 6b Yellowstone Village CUP Exhibit 6b: Site Posting Sign posted May 20, 2021 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 ARBOR COURT APPLICATION FOR A CONDITIONAL USE PERMIT - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON JUNE 8, 2021 SUMMARY DESCRIPTION: An application for a Conditional Use Permit to build multifamily residential buildings on approximately 1.95 acres of land in the General Commercial (C-2) zone. Subject property is in the NE 1/4 of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 295 E Chubbuck Road in 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). • Multi -family buildings 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. If the CUP is approved, the developer's next step will be to apply for a plat. Staff has sent notices to neighbors, as well as posting a sign on site with flyers, and published notices in the Idaho State Journal and on the internet. • Staff recommends approval of the multi -family use and site plan. FACTS BACKGROUND: The site has had various uses over time, including a dairy, and currently sheds are sold from the property. It is immediately north of the new City Hall building. The current address is on Chubbuck Road, but access will be only from Burley Drive. 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 c. Chapter 18.28.040: Conditional Use Permits APPLICANT: Daren Crockett 244 E Chubbuck Rd Chubbuck, ID 83202 OWNER: Brady Carter 230 E Chubbuck Rd Chubbuck, ID 83202 Arbor Court CUP PROFESSIONAL SERVICES: Dioptra 4880 Clover Dell Rd Chubbuck, ID 83202 LOCATION: The site is in the NE 1/4 of Section 10, Township 6 South, Range 34 East, of the Boise Meridian, Idaho. Located at the SW corner of Chubbuck Rd and Burley Dr, with the street address of 295 E Chubbuck Rd. • The proposal lies within the Bonniebrae Acres subdivision. • The site includes Bannock County parcel number BNBR_L01AB001. SITE CHARACTERISTICS & ZONING CURRENT ZONING: General Commercial (C-2) PROJECT SIZE: ±1.95 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: Foundation of a former commercial/industrial building RECENT TRAFFIC COUNTS: Chubbuck Road at UPRR: 2018, 13,718/day 2017, 12,765/day Chubbuck Road at Valenty: 2020, 13,344/day 2015, 12,834/day SURROUNDING LAND USES AND ZONING NORTH: Commercial and light industrial uses; Industrial (1) zone EAST: Two single family homes and vacant parcels; General Commercial (C-2) zone SOUTH: City Hall (under construction); General Commercial (C-2) zone WEST: Office/commercial buildings and single family homes; General Commercial (C-2) zone SERVICES: ACCESS STREET: Burley Drive — access from Chubbuck Road to be closed FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: 1. In accordance with City Code 18.28 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 18.28.020, the application is scheduled to be heard at the June 8, 2021 Regular Meeting of the Land Use and Development Commission at a public hearing. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 Arbor Court CUP 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 proposal would clean up the site (reducing weeds, dust, and potential for brush fires) and provide more housing in the downtown area, where a mixture of uses is desired. Staff does not believe it 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: Development of the parcel with residential uses will bring more customers within walking distance of the various businesses along Chubbuck Road. 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: Staff believes if there is any negative impact on transportation facilities, public utilities, schools, public parks or the natural environment, it would be no greater than if the strict terms of the zoning code were satisfied (without granting a CUP). The access to the facility will be from Burley Drive. 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 Arbor Court CUP 4. Account shall be taken of noise and traffic conditions in the vicinity of the land for which the permit is sought. Analysis: Staff believes the potential noise, and number of trips per day, are likely less than many other uses allowed in the General Commercial (C-2) zone. Multi -family homes typically generate 7 trips per day. 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 current condition of the lot is bare ground with the abandoned foundation. The project will likely improve the looks of the area rather than detract from property values. Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands. Analysis: The building elevations are more in line with desired architecture in the downtown than are typically found in R-4 zone developments. 7. Account shall be taken of the support or opposition expressed by 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: There is a very high demand for housing within the city and Portneuf Valley. While there may be permitted commercial uses suitable for the site, there is greater demand for the residential at this time. 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. This site is within walking distance of Chubbuck's commercial core. 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. As soon as the proper permitting is complete the developer hopes to begin construction, and be complete within 7 months thereafter. 11. The duration of any development conditionally permitted hereunder may be controlled. Analysis: The developer will need to complete the platting process before receiving building permits, perhaps by the end of the summer. He estimates construction time will be about seven months long.. 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 Arbor Court CUP 12. Any permit granted hereunder may contain provisions for assuring that the development is maintained properly. Analysis: Applicant intends to have a property manager in charge of maintenance, including landscaping and snow removal. 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. The site is currently addressed at 295 E Chubbuck Rd. 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 services other than the standard requirements are 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: A stormwater study is required for the development. Staff does not find likely cause for any 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 proposed multi -family land use and general site plan. EXAMPLE MOTIONS APPROVAL (WITH CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve the Conditional Use Permit as described in the application materials with the following conditions: 1 . ................ (if found necessary by LUDQ. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 1940�t_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 Arbor Court CUP 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: May 28, 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 —Arbor Court 2. Application Materials a. Completed Form b. Site Plan c. Copy of Purchase and Sale Agreement on file w/staff 3. CUP Questionnaire 4. Design Review Committee Minutes — April 27, 2021 5. Current Zoning Map 6. Comprehensive Plan a. Future Land Use Map b. Functional Road Classification System c. Policies Relevant to the Application 7. Evidence of Notice a. Notification Area — 300 Feet b. Mailing List c. Site Postings d. Copy of Notices on File With 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 Arbor Court CUP Exhibit 1: Reference Map - Arbor Court City of Chubbuck Land Use Application 0 CONDITIONAL USE PER&l1T [❑ CHANGE OF LAND USE DISTRICT ❑ VARIANCE ❑ ANNEXATION' & ZONING ❑ COMPREHENSIVE PLAN CHANGE ® --- City Official: 100N0 Dater j/❑/®1 For the Land Use fleeting of: L9 6/ ® //gym Application Deadline: � / I I / ® 2.:0Q PM� � 1 1, Name of Applicant: t✓�cf Ci-oc Kef Phone: Z09 -Z Si- 72 17 Mailing Address: Z 4 9 E C ,,b6c,,,K KJ bur_ .L 93107 - Email address: 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. it Paid to the City Cleric on: , 20 Initials Receipt # I f Project location: 2_' l 9 121 4• Existing Land Use District: _ 5. Describe Proposal: 31 M rg ark The approval of this exception does not sanction the violation of any ordinance. 7. 1 attest to the truth and exactness of all information supplied on this application. I will develop or use the inject ptw forth herein, 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 I I Drawings (as listed below) ❑ Digital PDF copy of documents and drawings e-mailed or on jump drive as much as possible. ❑ Please attach a legal description of the property. ❑ Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 sets.) ❑ Business License Application ❑ Other Assessments or Studies: STANDARDS FOR ILLUSTRATIVE DRAWINGS: The intent of these standards is to produce drawings when required or necessary 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 11" reduction of 18" x 24" drawing Scale: Site plan 1:20 minimum Floor plan 1/4" = 1'- 0" minimum Revised: 5-9-2019, PBA Tn� ° Fy ell 469.37 _ 480.36' �n�n` ' �iRVW -- -- -- -- -- --IICROCKSTT Concept TOWN HOMES sk 'hn 0� DD .CD rn� ♦ � � � � ♦ � � � � 'y�t� ° Aye � � ♦ � ♦ � � � � � � � � LOCATED IN NW 7/4 NE 1/4 SECTION 70, TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE ° — SS SS — � SS o IruN� O SS — SS — f 3 dWV—I SS SS — SS — SS Burley Drive — SS — SS y— SS BOISE MERIDIAN IN THE COUNTY OF BANNOCK. 3 — W — — — — — — — — — — — — — — — — — — — — — — N 00'04'30" W — — — — — W W W W W W— W ROW ROW ROW W W W W W W W W W W W W W ROW ROW ROW ROW ROW ROW ROW ROW ROW �IIN6 W N CP OW W — W I OW ROW ROW ROW ROW ROW — 0� - Oip/O a N 0 20 40 LEGEND I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Parcel Boundary — — Section Line a R M— M— M— I I I I I I I I O I Proposed Buildings M— M— M— M— M— M— M— M— Ss M— MTW —w S5 SS — w —w —w —w SS s3 — SS — SS —w —w — SS — 5S —w —w —w —w — 55 — 3S — S$ — SS —w —w —w —w —c°'» — 55 — SS — SS — SS — 55 — O � 1�. � Proposed Curb uN ; IIN I I�j I Proposed Concrete I I I I I I I I '� �h I � —W —W — Proposed Water Lines I I I I I I I I I I I I I I amu` F �/ tip; v u E Ir F�ti ` 4 I I I I I I I I Qw, fl —SS —SS — Proposed Sewer Lines 4uN I I I I I I I I I I I I I I I I Aft F E E oji Pond I "'�� If E E E E E Storm Wafer P�ntl I I I I I I I I I I I I I I I I up 1� a _ Existing Curb —W W— Existing Water h —�— —�— F FStQ'rmFN�aer F F F F 25.0' —�— —�— �� I � — SS SS — Existing Sewer E E e e e e 6 F; 6 6 e lip I � E E F E F F F - f E E�IIN/� �� 11uNr I ROW Existing Right of Way u11N �n�lln nlGn� ; F d� 41�W Existing Fire Hydrant ) Proposed Fire Hydrant . . 1 _7�N y — O ❑ 1 1 �dlno \uN � _i6� �I�I I s O El 9 I` � — 3�I\IN/G dna o FRONT ELEvATION fl www-houseplans.pro -E 'ra•.r-a• Vindow Popout with Vertical Sidlng(e,nery other window) r� 1K ell 469.37 _ _ _ �n�n` ' �iRVW Nirfi/ � 0� DD .CD rn� ♦ � � � � ♦ � � � � 'y�t� ° Aye � � ♦ � ♦ � � � � � � � � ° — SS SS — � SS SS — SS SS SS SS — SS SS SS — SS — SS SS SS — SS 3 SS — $S O SS — SS — f 3 SS SS — SS — SS Burley Drive — SS — SS y— SS — SS — SS SS — SS — SS — SS — SS 3 — W — — — — — — — — — — — — — — — — — — — — — — N 00'04'30" W — — — — — W W W W W W— W ROW ROW ROW W W W W W W W W W W W W W ROW ROW ROW ROW ROW ROW ROW ROW ROW W W ROW W N CP OW W — W W — W W W W W W —ROW ROW ROW ROW ROW OW ROW ROW ROW ROW ROW FRONT ELEvATION fl www-houseplans.pro -E 'ra•.r-a• REAR ELEVATION 9 www.houseplons.pro 4' RS. M M TT r' I 1—GAS FmDIRECT VENT TO OVTelm INSTALL PER MPR SPECS TO CODS Vindow Popout with Vertical Sidlng(e,nery other window) r� 1K ell CDNMI00-1 0� DD .CD CD .DD 0 — _ _ -- — -- CD — -- — 0� - a a REAR ELEVATION 9 www.houseplons.pro 4' RS. M M TT r' I 1—GAS FmDIRECT VENT TO OVTelm INSTALL PER MPR SPECS TO CODS Conditional Use Permit Questionnaire Applicant: Davers I`ocl� Address: -- City: State: Zip. 83 ?, a Z— 1 a 0 H 0 1. Describe how this application will be beneficial to the neighborhood or otherwise foster public health, safety or welfare. Th,5 io+ c,5 b -eery 5 Inq fcM av,n et nice - a ark ecm Piex 60A heM)Ue- joys e arcs d vs I C r r r�e� row e arx" Cum i as re oks �A 5 or a z ;s Will hei ill cl r&A nee!zAr l �s��c,o,)1y are ,n Crnan a IvO SuppI y, 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? g u,ilV- lAato 43 1OC*3;OnWill CLVC no ne a4hle- i r1 Ctc4 on +fk ;(. )r AVt5p . e 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? ft Af 1 of 3 Revised 1-25-2017 PBA Conditional Use Permit Questionnaire 5. Explain how the permit, if granted, will not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape or natural scenery of said land? curreni Co,1a*,o of Ac lnf �s jt,54 betre ioctnJ , 7` ke- �o Pa5,e ro 'ec. 1P rd , w rov loops a e d rea (�; a o is et an �aL +D S r/ n ;r► 1'0 �eT I/a1-4 eS been given to the aesthetic qualities of the proposed use and surrounding lands? 7. Address how adverse impacts on other developments within the City have been minimized as much as possible. mere ,11 be Ilo a�✓ersc ; m nc�s cn e are : -f (dill 'fie Ai(,ef n e OnA Me.;nr;41 of i.) 6A -- anae__.S- _14 8. Describe the sequence and timing of the proposed development. s SODA CO all 4e We(' ;j coy 1ejcj We hoe fo Slard` 9. How will the development be properly maintained? �- tai1� huVe a t'v QP� Nana of i� C�aP c of Inq;"AC:r "n% e Ner4 CLVn ;n�a,n�c cant -5A #to fo-W-A0V&( . 2of3 Revised 1-25-2017 PBA Conditional Use Permit Questionnaire 10 Designate the exact location and nature of the development. 11. Which on-site or off-site public services are required for this development? (E.g. - Sanitation, Water, sewer, other.) '-}e_ t. Se, -der, aS eledr ( 41� GOO "c. 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 Office of Community Services & Economic Development PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 CHUBBUCK 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us IOAH0 Design Review Minutes (w applicant) Project Name: Arbor Court Apartments Applicant Name: Daren Crockett Applicant Address: 244 E. Chubbuck Rd. Project Address: 295 E. Chubbuck Rd. Email: dcrockett@vandykmortgage.com Date: April 27, 2021 Applicant, Daren Crockett, presenting project again before the Committee, with edits. • Project originally had 11 units and is now down to 7 with only 2 with backs to Burley Dr. • Units against Burley are 10' from the easement/right of way. • Large grass area in the middle to allow for traffic flow and fire and sanitation truck turnaround. • There is now a 25' drive area and 35' in corners. • Each unit has a garage, outside parking spot in front of it and one in front of door. • 3 parking stalls per unit plus a few extras within the development • Storm water retention in middle grass area • Buildings are all interior facing • No access from Chubbuck road, existing entry way cut into curb, but will not be used • No access to the south, traffic flows internal and back out to Burley 1. Traffic Safety and Traffic Congestion: (ingress, egress, off-street parking, unloading) • Distance from Chubbuck to access on Burley, using existing entrance, is approximately 240ft. • Requirement for sight triangle on an arterial is 15' back from curb line, building is 20' back. Meets requirement. • Have engineer look at 35' internal turn radius for truck turns • Applicant will paint 'no parking' around island area to prevent congestion • Applicant will paint traffic arrows for directional flow — design as one way 2. Traffic Studies, Utility Studies: (as requested) 3. Drainage: (storm & surface water, to be engineered, retained on site) • Will need to see design 4. Pretreatment / Nonresidential Waste Water Permit: (grease or oil/silt separator) • None 5. Development Agreement (when needed) • Yes 6. Structures and Site Layout: (exterior design, buffering, fencing, dumpster enclosure) • Exterior design is the same as previously discussed. Will add dormers, pop -outs and different colors, may also do rock fascia on walls. • Committee's biggest concern was the back of buildings facing Burley. Suggestion is to make the backs look similar to the fronts. • Applicant only plans for fencing along the west side of the property • Recommendation to move dumpster location to the north side of driveway (front loading) 7. Building Department: (professionally approved plans, ADA compliance, dumpster enclosure) • Sanitation trucks are front load • Dumpster location needs to be moved 10' off easement/right of way • Recommendation to make adjustments with internal design to dumpster location, grassy area and landscaping along Burley • Have surveyor finish drawings, show elevations, windows, colors, etc. • Architectural amenities will be important especially on backs and sides of units next to Burley, Chubbuck and Kinport. 8. Signs / Advertising: (advertising signs, height, structure) • May put monument sign in grassy area, nothing overhead 9. Landscaping: (ordinance copy, approved tree list) • 20' of landscaping on Chubbuck and 20' on Kinport all grass and trees • Requirement of 10' between sidewalk and building • Requirement is 1 tree/shrub every 50 feet (along Burley and Chubbuck) • City will provide list of approved trees, small species can be located in the 10' strip. 10. Exterior lighting: (light shielding, light trespass) • Photo cell light on every unit, every other forward facing every other backward facing • Ensure no light trespass 11. Development: (platting, addressing) • Platting will be required 12. Fire Department: (knox Box, fire hydrant locations, sprinkling, visible street address) • One hydrant in island towards the north may be sufficient 13. Police Department: (safety issues) • None 14. Business License: (before opening) • N/A Arbor Court CUP Exhibit 5: Current Zoning Map Arbor Court CUP Exhibit 6a: Comprehensive Plan Future Land Use Map Exhibit 6b: Comprehensive Plan Future Land Use Map ti Arbor Court CUP LA IF AdawrIF1 Arbor Court CUP Exhibit 6c: 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 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 by developed land and can be considered an infill parcel. 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 C-1 and C-2 zoning. Multifamily and other residential uses may be permitted in the C-1 and C-2 zones. 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 applicant has altered the site plan to make the best fit possible for the area, and will enhance the street -facing elevations of the buildings. POLICY f. Encourage residential infill in suitable locations COMMENT The project is surrounded by developed land and can be considered an infill parcel. POLICY g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT There are numerous under -developed and vacant parcels in the C-2 zone. 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 This site is being redeveloped, adding a new use/mixture to the area. 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 Burley Drive is designated a minor arterial; additional right-of-way will be part of the dedications with the plat application. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /944�c_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 B A 0 Arbor Court 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 This site is within walking distance of the PRT bus route that serves Chubbuck. OBJECTIVE 5.1.5 Encourage bicycle and pedestrian systems that support transit and provide an alternative means to access commercial centers, neighborhood employment centers, and public services such as schools and parks POLICY a. Continue to implement standards for sidewalks to be constructed at the time of subdivision development COMMENT Sidewalks already exist on both street sides of the site, but some of the walks will be rebuilt with the development. 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 Sidewalks already exist on both street sides of the site, but some of the walks will be rebuilt with the development. 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 There is opportunity to provide pedestrian connections to Chubbuck Road and to Kinport Crossing (behind City Hall), rather than having all pedestrian access from Burley Drive. 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 single family homes to the east and west of the site are all single story, but not envisioned to remain over the long term as downtown develops. POLICY c. Encourage the development of well -landscaped parking lots and buffer strips on major corridors COMMENT The development is providing landscape strips along both streets, Burley and Chubbuck, and a large central landscaped area in the parking lot. OBJECTIVE 6.2.2 Encourage infill and redevelopment to be pedestrian -oriented POLICY a. New infill and redevelopment housing shall be designed so that: • Garages and carports are set back farther from the street than the front of the dwelling • Usable front porches or balconies are provided and are oriented to the street COMMENT Garages and parking are on the interior of the development. Adding features to the street sides of the two buildings on Burley, dormers or other features were discussed to enhance the street side experience. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A A 0 Arbor Court CUP GOAL 6.3 IN NEW NEIGHBORHOODS, PROVIDE A BETTER MIX OF RESIDENTIAL AND COMMERCIAL LAND USES AND A MORE WALKABLE COMMUNITY OBJECTIVE 6.3.2 Use neighborhood design principles for new development within Neighborhood Plan Districts, as defined on the Growth Management Plan Map POLICY a. New neighborhoods shall be designed to meet the following design principles: • Connect streets with other streets to provide a network • Use distinct edges or boundaries to define the neighborhood • Include sidewalks that are safe, convenient, and interesting • Incorporate parks and institutions into neighborhoods • Provide a mix of housing choices and types • Design neighborhoods to accommodate bus transit COMMENT This is not a neighborhood scale development but it does bring a mix of housing choices/types and accommodates bus transit with the density along Chubbuck Rd. 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 current city limits and the USB. POLICY e. Ensure that new development in wildfire prone areas implements precautionary measures COMMENT The property is not is not in a wildfire prone area. GOAL 7.5. MANAGE STORMWATER RUN-OFF TO REDUCE SOIL EROSION AND FLOODING OBJECTIVE 7.5.1 Develop and keep up-to-date, a cost-effective and environmentally sensitive stormwater facility master plan POLICY a. Encourage new development to retain stormwater runoff on-site COMMENT Stormwater is planned to be retained in the large landscape area at the center of the site. POLICY d. Limit development on steep slopes COMMENT This site is not on a sloped area. 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 This project will provide infill, developing an underutilized property. OBJECTIVE 7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many residents as possible POLICY b. New water and sewer lines into unserved areas shall be provided at the developer's expense COMMENT Water and sewer services are already at the site. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /944�c_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us Arbor Court CUP 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 This project which qualifies as infill, is developing at about 14 units/acre. POLICY b. Require and impose current municipal standards on areas where utilities are extended COMMENT Water and sewer services are already at the site. 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 No new park or recreation area is part of this project but it is within walking distance of Briarwood and Bistline Parks, and the plaza area in front of the new City Hall. CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled POLICY d. Provide a mix of land uses, a more -connected street network, and alternative modes of transportation, including buses and shuttles COMMENT This project is within walking distance of parks (Bistline and Briarwood), shopping (such as Smith's, Family Dollar, and Dollar Tree), restaurants and services on Chubbuck Rd and Yellowstone Ave. It is also within walking distance to the PRT bus route C and employment opportunities in our city core. 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 proposal would provide a new housing type (multifamily) in the downtown area. 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 buildings will look like townhouses with each unit having a ground floor entry. It is at a location adjacent to commercial services, and within walking distance of other essential retail and services. * The Comprehensive Plan includes several strategies with the policies in certain chapters. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A A 0 Arbor Court CUP Exhibit 7a: Notification Area - 300 Feet Public Notification 9C x Poloce - .. I lermo In Self "a53 ployho�sss - sto u se sales or "�rdr for a ie"<°re in.ne me ses� naoz Adtlress Q 108 -dines Floonng /` `' 4803 Pohiat Reol 11A 1�" 11] ee Es�ole _r13o�3� Q Apply a search d -i stance 3 0 �"� ,,, ii — Addreuee Layer i-. =i n- Parcel Owner For �r Tree Commesepersted value Elevcle Salon In:tifuf e 1 42 addressees Lound; do you wenr m conrinue? I Exhibit 7b: Mailing List AUTO RAIN GP PO BOX 51666 IDAHO FALLS, ID 83405 BASECAMP PROPERTIES LLC 2461 SATTERFIELD DR POCATELLO, ID 832010000 BRENNAN, A J 263 LOCUST ST TWIN FALLS, ID 833010000 CARTER, BRADY 230 E CHUBBUCK RD CHUBBUCK, ID 832020000 CARTER, BRADY D 13141 N MANNING LN POCATELLO, ID 832020000 CHUBBUCK DEVELOPMENT AUTHORITY PO BOX 5604 CHUBBUCK, ID 832020000 CROCKETT, DAREN 244 E CHUBBUCK RD CHUBBUCK, ID 832020000 HARPER, MICHAEL 5313 CANTERBURY CHUBBUCK, ID 83202 IDAHO COFFEE COMPANY INC 322 E CHUBBUCK RD CHUBBUCK, ID 83202 JOHNSON PRICE INVESTMENTS LLC 13795 N MYWAY POCATELLO, ID 832020000 MARS ENTERPRISES LLC PO BOX 175 INKOM, ID 832450175 MCKEE, JARED L 8621 BUCKSKIN RD POCATELLO, ID 832010000 MCKEE, WILLIAM 8621 W BUCKSKIN RD POCATELLO, ID 832010000 PARRISH, RODNEY J C/O CITY OF CHUBBUCK CHUBBUCK, ID 832020000 PATRIOT COMMERCIAL PROPERTIES LLC CHUBBUCK, ID 832020000 RATLIFF, GARY G 2652 WILD HORSE RIDGE LN POCATELLO, ID 832040000 SOPER FAMILY TRUST PO BOX 256 SPRING CITY, UT 84662 SOZDAVAT LLC 4881 CLOVER DELL RD CHUBBUCK, ID 832021805 TRIPLE M INVESTMENTS LLC 2975 TREVOR CHUBBUCK, ID 832020000 TSB HUGIE LLC 115 E 200 N BLACKFOOT, ID 832210000 WORTHEN, E RANAE 730 E CHUBBUCK RD CHUBBUCK, ID 832021820 Arbor Court CUP Exhibit 7c: Site Posting Sign posted May 20, 2021 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 6:00 pm on June 8, 2021 at Chubbuck City Council Chambers, 5160 Yellowstone Avenue, Chubbuck, Idaho. In-person attendance is allowed. This meeting will also be available to the public electronically or by phone. Public hearings will be held with respect to the following item: 1. An application for a Change in Land Use District from Limited Residential (R-2) to Commercial General (C-2) on approximately .25 acres of land. Subject property is in the NE X of the NW X of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, and is part of a larger parcel generally located west of Yellowstone Ave and north of Briscoe Road in Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Medium Density Residential, with the bulk of the property designated as Commercial. Type of Action: Recommendation. 2. An application for a Conditional Use Permit to build multifamily residential buildings on approximately 2.45 acres of land. The bulk of the parcel, about 90%, lies in the General Commercial (C- 2) zone, with about 10%, or .25 acres, in the Limited Residential (R-2) zone. Subject property is in the NE X of the NW X of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the northwest corner of Yellowstone Avenue and Briscoe Road in Chubbuck, Idaho. The area in the R-2 zone is under concurrent application for a change to the C-2 zone. Type of Action: Decision. 3. An application for a Conditional Use Permit to build multifamily residential buildings on approximately 1.95 acres of land in the General Commercial (C-2) zone. Subject property is in the NE X of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 295 E Chubbuck Road in Chubbuck, Idaho. Type of Action: Decision. Join Zoom Meeting (no webcam is necessary to participate) htt s: us02web.zoom.us 81036755107? wd=V s U2VNVXBXWnNHaURoRGFNTGF6QT09 Meeting ID: 810 3675 5107 Passcode: 663958 General information on joining a Zoom meeting can be found at httpsl/support.zoom._u_sZhc/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 June 2, 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 by jbowers@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: May 23, 2021 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 208.237.2404 June 8, 2021 www.0tyofChubbuck.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 6:00 PM on lune 8, 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. In-person attendance is allowed. The meeting will also be available to the public electronically or by phone. 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 change in Land Use District from Limited Residential (R-2) to General Commercial (C-2) on approximately .25 acres of land. The Comprehensive Plan Future Land Use map designates this area as Medium Density Residential. Location: The subject property is in the NE r/ of the NW ?/ of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the northwest corner of Yellowstone Ave and Briscoe Rd in Chubbuck, ID. Type of Action: Recommendation. Note: The property is part of a larger site that is under consideration for a Conditional Use Permit (CUP) — see companion notice for more information on the Yellowstone Village CUP. The Commission will review the proposal per criteria in Idaho Statute §67-6511: Whether the request is consistent with the comprehensive plan If approved, would the request result in demonstrable adverse impacts upon the delivery of service by any political subdivision (city, school district, utility district, etc.) providing services 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 (June 1, 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 June 2, 2021 and will include written testimony received prior to the deadline. Oral testimony concerning these proposals may be offered during the public hearing. The Commission may limit oral testimony. See other side for: • Contact information • Location of the proposal How to participate in the meeting How to participate in the public meeting: Web -conference (no webcam is necessary to participate) https:/IusO2web.zooni.us/i/81036755107?pwd=VysyU2VNVXBXWnN Ha URoRGFNTGF6QT09 Meeting ID: 810 3675 5107 Password: 663958 General information on joining a Zoom meeting can be found at https: support,zoom.us/hc/en- us/articles/201362193-Joaning-a-Meeting . Dial by your location (telephone — you may dial either number +1 669 900 6833 US Meeting ID: 810 3675 5107 +1 346 248 7799 US Password: 663958 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 Planning Services Manager dmatson@cityofchubbuck.us 208.239.3252 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.QtyofChubbuck.us IDADD _24K�� CHUBBUCK I O B H 0 Community Services Department Planning Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 June 8, 2021 www. CityofCh u b b u ck. u s 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 6:00 PM on June 8, 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. In-person attendance is allowed. The meeting will also be available to the public electronically or by phone. 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 multifamily residential buildings on approximately 2.45 acres of land in the Commercial General (C-2) zone (90916) and Limited Residential (R-2) zone (705yo). The R- 2 portion is under concurrent application for a change to the C-2 zone (see companion notice regarding zone change request). Location: The subject property is in the NR 7/a of the NW r/a of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the northwest corner of Yellowstone Ave and Briscoe Rd in Chubbuck, ID. 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 to the hearing (June 1, 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 June 2, 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: 810 3675 5107 Password: 663958 Web Conference (no webcam is necessary) Telephone (you may https://us02web.zoom.us/1/81036755107?pwd=VysVU2VNVXBXWnNHaURORGFNTGF6QT09 dial either number) + 1 669 900 6833 US +1 253 215 8782 US General information on joining a Zoom meeting can be found at htt s: su ort.zoom.us he 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. For Questions: Don Matson, MSP, AICD dmatson@cityofchubbuck.us Planning Services Manager (208) 239-3252 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us I a R H 0 CHUBBUCK IOA4a Community Services Department Planning Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 June 8, 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 6:00 PM on June 8, 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. In-person attendance is allowed. The meeting will also be available to the public electronically or by phone. 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 multifamily residential buildings on approximately 7.95 acres of land in the General Commercial (C-2) zone. The Comprehensive Plan Future Land Use map designates this area as Employment. Location: The subject property is in the NE'/ of Section 70, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 295 E Chubbuck Rd in Chubbuck, ID. 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 i4lustration 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 (June 1, 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 June 2, 2021 and will include written testimony received prior to the deadline. Oral testimony concerning these proposals may be offered during the public hearing. The 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: 810 3675 5107 Password: 663958 Web Conference (no webcam is necessary) Telephone (you may https://us02web.zoom.us/i/81036755107?pwd=VvsvU2VNVXBXWnNH aURoRGFNTGF6QT09 dial either number) +1 669 900 6833 US +1 253 215 8782 US General information on joining a Zoom meeting can be found at https://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. For more information, contact: Don Matson, MSP, AICP dmatson@cityofchubbuck.us Planning Services Manager (208) 239-3252 CHUBBUCK 1 0 A H 9 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www. CityofCh u b b uck. u s