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08 10 2021
zag� __ - CHUBBUCK IDAHO City of Chubbuck Land Use and Development Commission. Regular Meeting August 10, 2021 6:00 PM City Hall Council Chambers 290 East Linden, 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/88473399294?pwd=anpUNXlhdjlBbVJRNjd5T2srcUI)UZzO9 Telephone: Dial by your location +1669 900 6833 US +1253 215 8782 US Meeting ID: 884 7339 9294 Passcode: 1.33696 General information on joining a Zoom meeting can be found at https://support.zoom.us/hc/en- us/articles/201362193-Joining-a-Meeting. AGENDA I. CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST IL APPROVAL OF MINUTES for July 1.3, 2021 (Action Item) III. PUBLIC HEARING An application for a Change in Land Use District from Agriculture (A) to Commercial General (C-2) on approximately 8 acres of land. Subject property is in the W half of the NW 1/ of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located near the NE corner of Knudsen Blvd and Hawthorne Rd, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial. Type of Action: Recommendation. (Action Item) IV. GENERAL BUSINESS 1. Discussion on the Statutory Framework Governing the Decision -Making Process in Idaho. 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 0 N H 0 City of Chubbuck Land Use and Development Commission Regular Meeting July 13, 2021 6:00 PM City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 MINUTES Board Members Present: Chair Jason Mendenhall, Rebecca Berls, Thais Ayre, Carrie Holm and TJ Budge, Staff Members Present: City Attorney Tom Holmes, Planning Manager Don Matson, Development Services Manager Sean Harris, and Program Administrator Kami Morrison. 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. None were reported. APPROVAL OF THE MINUTES: June 8, 2021. Mendenhall entertained a motion to approve the minutes as emailed. Berls moved to accept the meeting minutes of May 11, 2021 as emailed; Budge seconded. The full authority approved. General Business 1. An application for a preliminary plat for the Linden Townhome Subdivision. Applicant proposes to subdivide 2.05 acres into 11 multifamily residential lots. Property is in the NW 1/ of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 241 W. Linden, Chubbuck, Idaho. Current zoning designation on the property places it in the General Commercial (C-2) land use district. The Comprehensive Plan Future Land Use map designates this area as Commercial. Application will be evaluated against standards found in municipal code section 17.12.100. Type of Action: Recommendation. Connor Erb, HLE Construction, represented the applicant. Mr. Erb presented an application to build 4-plex apartments on approximately 2.05 acres of land that is currently zoned as General Commercial (C-2). Mr. Erb also stated that the applicant had been working directly with the neighbors to address any concerns. Berls asked about the amenity that would be installed in the play area as part of the approved conditional use permit for this development, due to the distance from community parks. Mr. Erb stated that the applicant currently had not made a decision on the provided amenity for this development. Development Manager Sean Harris stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and recommended approval. Berls motioned to recommend approval of a Preliminary Plat for the Linden TowIlhome5 Subdivision to the City Council as presented. Ayre seconded. With all commission members understanding the motion they voted. Roll Call Vote: TJ Budge, Yes; Rebecca Berls, Yes; Thais Ayre, Yes; Carrie Holm, Yes; Jason Mendenhall, Yes; Motion carried. 2. An application for a preliminary plat for the Yellowstone Village Subdivision. Applicant proposes to subdivide 2.45 acres into 13 multifamily residential lots and 1 common lot. Property is in the NW 1/ of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the northwest corner of Briscoe Road and Yellowstone Ave, Chubbuck, Idaho. Current zoning designation on the property places it in the General Commercial {C-2} land use district. The Comprehensive Plan Future Land Use map designates this area as Commercial. Application will be evaluated against standards found in municipal code section 17.12.100. Type of Action: Recommendation. Crystal Shanda represented the applicant. Mrs. Shanda presented an application to build 13 4plex multifamily residential buildings with access off of Briscoe Road. This development will also include a privacy fence surrounding the perimeter of the development. Budge asked about right of way along Briscoe Road and the landscape buffering along Yellowstone Ave. Mrs. Shanda went over land scraping and perimeter features. Mrs. Shanda also stated that the applicant had been working with City Staff on future improvements to Briscoe Road. Development Manager Sean Harris stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and recommended approval. Ayre motioned to recommend approval of a Preliminary Plat for the Yellowstone Village Subdivision to the City Council as presented. Budge seconded. With all commission members understanding the motion they voted. Roll Call Vote: Rebecca Berls, Yes; Thais Ayre, Yes; Carrie Holm, Yes; Jason Mendenhall, Yes; TJ Budge, Yes; Motion carried. Mendenhall entertained a motion to adjourn; Budge made the motion. Berls seconded. All voted to adjourn at 6:18pm. This meeting was available to the public electronically and by phone. Via Zoom Teleconferencing: Meeting ID: 8818498 6910 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 August 10, 2021 at Chubbuck City Council Chambers, 290 East Linden St., 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 Agriculture (A) to Commercial General (C-2) on approximately 8 acres of land. Subject property is in the W half of the NW % of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located near the NE corner of Knudsen Blvd and Hawthorne Rd, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial. Type of Action: Recommendation. Join Zoom Meeting (no webcam is necessary to participate) htt s: us02web.zoom,us 88473399294? wd=an pUNXIhd'IBbVJRN"d5T2srcU pUZz09 Meeting ID: 884 7339 9294 Passcode: 133696 General information on joining a Zoom meeting can be found at https: support.zoom,us/hc/en- us/articles/201362193-Joining-a-Meeting. Or to Join by Phone: +1669 900 6833 US +1346 248 7799 US A complete description of each item is available to the public on request to jbowers@cityofchubbuck.us. Commission packet will be available upon request to the same email by August 3, 2021. Any and all persons may register comments, protests, or agreements on the hearing subjects being considered. Oral testimony concerning these proposals may be offered at the public hearing. Commission may limit oral testimony. Written testimony must be received byjbowers@cityofchubbuck.us at least 7 days prior to the hearing, shall comply with standards established in City Code 18.28.020.D.7., and shall be considered public record. Any person needing special accommodations to participate in the meeting should contact the City Clerk, Joey Bowers at jbowers@cityofchubbuck.us at least 24 hours prior to the meeting. Joey Bowers, City Clerk Publish. July 25, 2021 CHUBBUCK 1 0 0 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 August 10, 2021 NOTICE Is HEREBY GIVEN that the Land Use and Development Commission of the City of Chubbuck, Idaho, will conduct a public hearing and deliberation at 6:00 PM on August 10, 2021 at Chubbuck City Council Chambers, 290 East Linden, 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. Public hearings will be held with respect to the following items: An application for a change in Land Use District from Agriculture (A) to Commercial General (C-2) on approximately 8 acres of land. The Comprehensive Plan f=uture Land Use map designates this area as Commercial. Location: The subject property is in the NW 1/ of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located on the north side of Knudsen Blvd between Hawthorne Rd an Zebe Ln in Chubbuck, ID. Type of Action: Recommendation to the City Council. The Commission will review the proposal per criteria in Idaho Statute §67-6511: 1. Whether the request is consistent with the comprehensive plan 2. 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 the Planning Department at least 7 days prior to the hearing (August 3, 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 the City office by August 4, 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. See other side for contact information and map of the project area. 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 Joey Bowers, City Clerk, at 208.237.2400 at least 24 hours prior to the meeting. (Excerpted from application; see file for more complete details) How to participate in the public meeting: Web -conference (no webcam is necessary to participate) https://us02web.zoom.us/i/884733 99294?pwd=anpUNXlhdjlBbVJRNj d5T2srcUl2UZzO9 Meeting ID: 884 7339 9294 Password: 133696 General information on joining a Zoom meeting can be found at https://support.zoom.us/hc/en- us/articles/201362193-Joining-a-Meeting . Dial by your location (telephone — you may dial any number) +1 669 900 6833 US +1 253 215 8782 US Don Matson, MSP, AICP Planning Manager dmatson@cityofchubbuck.us 208.239.3252 L CHUBBUCK 1 9 R R 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2434 — Fax 208.237.2409 www.CityofChubbuck.us CHUBBUCK 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 22 CHUBBUCK ASSOCIATES / CMHP CHUBBUCK DEVELOPMENT APPLICATION FOR A CHANGE IN LAND USE DISTRICT (ZONING) - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON AUGUST 10, 2021 �11I1LTA ILTA IA WA DESCRIPTION: An application for a Change in Land Use District from Agriculture (A) to Commercial General (C-2) on approximately 8 acres of land. Subject property is in the W half of the NW 1/4 of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located near the NE corner of Knudsen Blvd and Hawthorne Rd, Chubbuck, Idaho. STAFF FINDINGS: After reviewing 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 Commercial land uses and development, which is supported by the General Commercial (C-2) and Commercial Limited (C-1) zoning districts. o Small portions on the northern edge of the property are designated on the Future Land Use Map as Medium Residential and Mixed Use. Property to the north is single family residential development, separated by the Redman Lateral canal. Properties on all other sides are in commercial zones, most are undeveloped. o A strip of land east of the proposal, and another area between the proposal and Hawthorne Rd are in the Agriculture (A) zone. o A small sliver within the project area as described in the legal description is already within the C-2 zone; incorporating some existing C-2 zoning, the zoning proposed by this application, is of no harm and will help ensure zone continuity irrespective of parcel boundaries. . 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 parcel has been in agricultural use for many years and was previously divided by the Redman Canal. It is part of the Yellowstone Commons Subdivision, which includes property to the east, south, and west. The canal was moved in 2013-2014 to the north and west boundaries. Areas to the east and south were changed to the General Commercial (C-2) in 2018. 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: 22 Chubbuck Associates, LLC 438 West 12300 South Suite 101 Draper, UT 84020 OWNER: CMHP Chubbuck Development, LLC Attn: Chris Miller 438 West 12300 South, Suite 101 Draper, UT 84020 LOCATION: The site is in the W half of the NW 1/4 of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located near the NE corner of Knudsen Blvd and Hawthorne Rd, Chubbuck, Idaho. • The site includes most of the current Bannock County parcel number RCYC2000102. SITE CHARACTERISTICS & ZONING CURRENT ZONING: General Commercial (C-2) PROJECT SIZE: ±8 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS: 2015: Knudsen at Yellowstone, 3,317/day 2018: Knudsen at Yellowstone, 4,752/day 2018: Knudsen at Hawthorne, 4,746/day 2021: Hawthorne S of Knudsen, 10,889/day 2021: Hawthorne N of Knudsen, 14,550/day 2019: Yellowstone S of Knudsen, 24,893/day 2019: Yellowstone N of Knudsen, 21,178/day NORTH: Single family residential; Limited Residential (R-2) zone EAST: Vacant; General Commercial (C-2) and Agriculture (A) SOUTH: Vacant; C-2 WEST: Vacant/ light commercial; Agriculture (A), General Commercial (C-2), Limited Commercial (C-1) SERVICES: ACCESS STREET: Galena on the North and Alpine on the East and West (City Streets) FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: 1. In accordance with City Code 18.28.010 and Resolution 2020-03, a complete petition and fees for a Change of Land Use District were filed with the City at least 28 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28. 010, the application is scheduled to be heard at the August 10, 2021 Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In accordance with City Code 18.28. 010, 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 15 days prior to the hearing; c. Mailing to those at least within a 300 ft. radius of the property; and d. Notices posted prominently at the City office at least 15 days prior to the hearing. 4. Hearing will be conducted in accordance with procedures established by City Resolution 2021-06. 5. In accordance with Idaho Code §67-6511 and City Code 18.28.010, 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 a Title Change to the Land Use (zoning) Map. See Standards for Review changes in Exhibit 3b. Additional information on how the proposal relates to the Comprehensive Plan can be found in Exhibit 4b. A portion of the proposal where the canal is located is not designated as Commercial on the Comprehensive Plan Future Land Use Map, but boundaries between different areas are considered flexible since the no long range comprehensive plan can contemplate parcel -level facts and details. Taking this into consideration, and that the proposal furthers the Comprehensive Plan goals and policies, including the Future Land Use Designation Map, staff recommends approval of the zone change request. 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] PREPARED BY: Don Matson, Planning Manager dmatson@cityofchubbuck.us (208) 237-2430 DATE: August 2, 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 — CHMP Zone Change 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 CMHP Zone Chonge Exhibit 1: Reference Map - CMHP CMHP Zone Change Appendix 2 PO Box 5604 — 290 E. Linden TITLE AMEND- MAP Chubbuck,IQ 83202 CHUBBUC 208.237.2430 — Fax 208.237.2409 (REZONE) APPLICATION www.Cityofchubbuck.us Effective Date June 2021 IoaHa PAGE IOF4 Complete applications which require review by the Land Use & Development Commission must be submitted at least 28 days before the desired review meeting. The Commission meets regularly on the 2 d Tuesday of every month. Applications which are incomplete may not be able to be scheduled on the desire date if missing information or materials are not submitted at least 28 days before the desire review meeting. DATE RECEIVED: INITIALS: FEES PA10? Y N AMOUNT: SECTION A APPLICANT INFORMATION Al. Name 22 CHUBBUCK ASSOCIATES, LLC A2. Mailing Address city Draper State Utah Zip Code 84020 A3, Phone Number (including area code) A4. Email Address (385) 247-1075 cmiller@cjmdev.com A5. Is Applicant the Owner of Record? Yes ❑ No, If "No", an Affidavit of Legal Interest must be completed and submitted SECTION 1l OWNER INF©RMATI011 DIFFERENT THAN PART A} 81. Name CMHP CHUBBUCK DEVELOPMENT, LLC B2, Mailing Address Attn: Chris Miller, 428 West 12300 South, Suite 101 City State Zip Code Draper Utah 84020 B3. Phone Number (including area code) 64. Email Address (385) 247-1075 cmiller@cjmdev.com SECTION C — SITE=INFORMATION Cl. Site Address (or Location if no Address) city Zip C2, Tax Parcel #(s) Knudsen Blvd Hawthorne Rd Chubbuck 83202 RPRCYC2000102 SECTION D — PLANNING INFORMATION Dl. Gross Area D2. comprehensive Plan Future Land Use Designation 8 acres Commercial D3. Current/Existing Land Use(s) and Structures D4, Current Zone(s) Agriculture AG 05. Proposed Zones} D6. Acreage for Each Proposed Zone: C-2 8 acres D7. Proposed Land Use(s), if known: Multifamily CMHP Zone Change Appendix 2 PO Box 5604 -290 E. Linden TITLE AMEND- MAP ID Chubbuck, ID $3202 HUBBUCK 208.237.2430- Fax 208.237.2409 (REZONE) APPLICATION Cwww.CityofChubbuck.us Effective Date June 2021 1 1 1 r n PAGE 2 OF 4 SECTION E -SUBMITTAL REQUIREMENTS., El. Application Fees: $535 + $1.50/mailing (# 50 of mailings) _ $ 610 total E2. Affidavit of Legal Interest: To be signed by the property owner(s) if the application will be represented by someone other than the property owner E3. Warranty deed(s) showing ownership for all properties included in amendment request (if application is related to specific properties only) E4. Legal Description: May be a Lot, Block, Subdivision, Division No., or attach a copy of the Meets & Bounds description when applicable. E5. Conceptual Development Plan if the application is not accompanied by a plat or other use permit. E6. Provide legible responses to the following (use an additional sheet if necessary): 1. How is the proposal in the community's best interest? The developer will be adding 192 much-needed tax -credit units in the City of Chubbuck. The project will have a full amenity package including a community center with exercise facilities. The property will offer surface parking, a community pool, playground, and a large outdoor area for the residents to enjoy. The rent for the tax credit units will be at 60% AMI, and income limits will also be at 60% AML Section 8 housing will also be accepted at the property. 2. How do the list of uses permitted by Chubbuck Municipal Code section 18.08.040 for the requested zone blend with surrounding land uses? Affordable housing will be a great fit for the area given the sites proximity to retail shops, restaurants and major grocery and warehouse stores with easy freeway and highway access. The site is also in close proximity to many of the major employers of the area. 3. How are the uses permitted in the proposed zone harmonious in terms of scale, mass, coverage, density, and intensity with adjacent land uses? The developer will be applying for a Conditional Use Permit to approve the proposed density; however, it is anticipated the proposed density will align with the Chubbuck Municipal Code. The look, mass, and coverage will reflect the architectural feel of the surrounding area. Z64� CHUBBUCR 1 0 CMHP Zone Change Appendix 2 PO Box 5604 — 290 E. Linden TITLE AMEND- MAP Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 (REZONE) APPLICATION www.CityofChubbuck.us Effective Date June 2021 PAGE 3 OF 4 4. To you knowledge, is there anything that would prevent the site under the proposed zoning from being served by transportation routes, police, fire, EMS protection, water/sewer, schools, and other public agencies or facilities? No. The site is at the intersection of Hawthorne Rd and Knudsen Blvd. Additionally, the site is slightly west of 1-15 and just north of 1-86, so will be easily served by all public agencies and facilities. 5. How is the proposed map amendment supported by the Chubbuck Comprehensive Plan? Please cite specific goals, objectives, and policies, including the future land use map, which relate to your proposal. Affordable housing within this commercial future land use area is a valuable addition that fits well within the overall comprehensive plan. It provides housing close to retail offerings such as Home Depot, Smiths Grocery, and Walmart, as well as many major employers. The site is also within proximity to major transportation roads such as 1-86, and transit stops. SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • I am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • 1 am aware that myself, staff, the Land Use and Development Commission, or City Council may request or require that a Zoning Development Agreement be used for the proposed map amendment and that the fee, if requested or required is $200. Information on Zoning Development Agreement is found in Chubbuck Municipal Code section 18.28.050.F. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • I certify that I am authorized to file this application. • Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by city and state law. I certify that I will ensure that the signs remain where placed and will remain upright and in their original condition until removed by city staff and that failure to do so may result in a delay in process/hearing and may result in additional fees for rescheduled public hearings. Fl F2. Printed Name F3. Date AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) :ss County of Bannock ) Name `✓s VVI City State CMHP Zone Change Appendix 2 Address Being first duly sworn upon Oath, depose and say: Being the owner of the property described on the attached sheet, I grant permission to: 22 Chubbuck Associates, LLC 428 W. 12300 South, Suite 101, Draper, UT 84020 Name Address To submit the following application(s) pertaining that property and to allow City Staff the ability to do an on-site review of the site to inspect, measure, and record information related to the application: ❑ Administrative Variance ❑ Conditional Use Permit or CUP Amendment ❑ Variance ❑ Comprehensive Plan Map Amendment ❑ Annexation & Initial Zoning Request ❑ Planned Unit Development Designation or Amendment ❑ Preliminary Plat ❑ Creative Community Designation or Amendment ❑ Final Plat ■ Title Map Amendment (Rezone) to C-2 I agree to indemnify, defend and hold the City of Chubbuck and its employees harmless from any claims to liability resulting from any dispute as to statements contained herein or as to the ownership of the property which is the subject of the application. DATED this ay of ry + 20 2 Signature I, the undersWed, a Notary Public in and for the above-named county and state, do hereby certify that on this 9 day of J '' , 20 7-1, personally appeared before me /3-h Yr1Lv4T ^- J /^. , known to me to be the person described in and SUBSCRIBED AND SWORE to me the day and year first written above . Given under my hand and official seal the day and last year above written, (se MICHELLE FRANCK NOTARY PUBLIC - STATE OF I AH COMMISSION NO. 52360 Residing at: NOTARY PUBLIC Commission Expires:S J - 2 4 t -r STATE OF IDAHO MY COMMISSION EXPIRES 05/07/' CMHP Zone Change Appendix 2 Mill.: Purchase and sale agreement on file with staff. CMHP Zone Change Appendix 2 Yellowstone Commons — Block 1, 8 Acre Rezone Parcel A tract of land located in the Northwest Quarter of Section 10, Township 6 South, Range 3 East, Boise Meridian, Bannock County, Idaho, described as follows: Commencing at the Northwest Corner of said Section 10, marked by a found iron rod as described in Corner Perpetuation Instrument No. 20520788, thence South 89°16'28" East (Basis of Bearing per the Central Meridian of the East Zone of the Idaho State Plane Coordinate System), along the North Line of said Section 10, a distance of 1341.59 feet to the West 1/16th Corner, marked by a found 2" Aluminum Cap as described in Corner Perpetuation Instrument No. 20527461, thence South 00°04'20" West along the West 1/16th Line of said Section 10, a distance of 662.22 feet to a 5/8" rebar with a 2" Aluminum Cap stamped PELS 2341, thence North 89°14'21" West, a distance of 574.31 feet along the South Boundary Line of Misti Manor Third Addition Subdivision recorded under Instrument No. 98021253 in the Official Records of Bannock County, also along the South Boundary Line of Misti Manor First Addition Subdivision recorded under Instrument No. 95018443 in the Official Records of Bannock County, to the POINT OF BEGINNING, thence South 00°17'24" East, a distance of 746.04 feet to the North Right -of -Way Line of Knudsen Boulevard as shown on the Yellowstone Commons — Div. 2 Subdivision recorded under Instrument No. 21314037 in the Official Records of Bannock County, thence North 70°06'36" West, a distance of 368.76 feet along said North Right -of -Way Line, thence Northwesterly 174.41 feet along the arc of a 502.00 foot radius curve to the left (center bears South 19°53'24" West and the chord bears North 80°03'47" West 173.53 feet with a central angle of 19°54'22") along said North Right -of -Way Line, thence South 89°59'02" West, a distance of 12.80 feet along said North Right -of -Way Line; thence leaving said North Right -of -Way Line North 00°17'24" West, a distance of 597.67 feet to a found 2" Aluminum Cap stamped "RMES PELS 2341" marking the Northeast Corner of Hawthorne Grove North Subdivision recorded under Instrument No. 20826131 in the Official Records of Bannock County, also to and along the East Boundary Line of Hawthorne Grove Condominiums as recorded under Instrument No. 20602290 in the Official Records of Bannock County, thence South 89°14'21" East, a distance of 529.79 feet along the South Boundary Line of Misti Manor Second Addition Subdivision recorded under Instrument No. 95018443 in the Official Records of Bannock County, also along the South Boundary Line of Misti Manor Subdivision recorder under Instrument No. 93016177 in the Official Records of Bannock County, also along said South Boundary Line of Misti Manor First Addition Subdivision, to the point of beginning. Contains 348,480 Square Feet or 8.000 Acres CMHP Zone Change Exhibit 3a: Current Zoning Map 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 POLICY When annexation of land occurs, zoning that matches the property's plan designation shall be assigned Plan Designation Commercial (C): C-1 Limited Commercial, C-2 General Commercial COMMENT The request for C-2 is in compliance with this policy. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 1940�t_\ 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 surrounded by developed land and sewer and water are available at the site.. POLICY d. Use impact fee reductions, fee waivers, tax credit strategies, etc. to encourage infill and redevelopment COMMENT I The project is eligible for currently reduced sewer connection fees. GOAL 4.3 PROVIDE CONVENIENT COMMERCIAL SERVICE LOCATIONS AND LIMIT THEIR ADVERSE IMPACTS ON TRANSPORTATION SYSTEMS, RESIDENCES, AND VISUAL INTEGRITY OBJECTIVE 4.3.1 Adopt appropriate commercial zoning to allow for a variety of commercial goods and services at community centers, which should be located within walking distance of residents of one or more neighborhoods POLICY a. Adopt appropriate Neighborhood Commercial zoning to allow small-scale commercial development at neighborhood centers that serves the daily needs of neighborhood residents COMMENT Changing the zoning from Agriculture (A) to commercial or residential zones will allow greater development in the core of the city. OBJECTIVE 4.3.2 General commercial zoning should be located between communities or at a community center, at the intersection of principle arterials, or on Yellowstone Avenue between Quinn Road and Siphon Road POLICY a. Base commercial development locations on concepts identified on the Regional Growth Management Plan Map and land use designation on the Chubbuck zoning map COMMENT The proposed zone change is anticipated in the Comprehensive Plan and is in better compliance with the Chubbuck zoning map than the current Agriculture (A) zone. 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 Limited Commercial, C-2 General Commercial zoning. POLICY b. Use a combination of zoning, performance requirements, site planning, and transportation routes to create the highest level of compatibility between adjacent uses while retaining a complementary mix of possible uses within neighborhoods and communities COMMENT The site is on Knudsen Blvd, a principal arterial. When development occurs in a commercial zone it is further evaluated by a formal Design Review. POLICY g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT The site is accessible and within the city core. 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 When development occurs in a commercial zone it is further evaluated by a formal Design Review. See additional Comprehensive Plan Goals, Objectives, and Policies in Exhibit 4b. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us CMHP Zone Change 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 The site is on Knudsen Blvd, a principal arterial. When Knudsen was built access points/driveway locations were pre -determined. OBJECTIVE 5.1.2 Expand the network of functional class roads in general accordance with the functional class roads map POLICY a. Define routes for new or functional class roads with requirements for development during subdivision COMMENT The site is already accessible. OBJECTIVE 5.1.4 Encourage higher densities and site designs that support transit POLICY a. Phase public service extensions over time to protect prime agricultural land and increase development densities to a level that will support transit service COMMENT The street, as well as water and sewer mains, have been installed. 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 and bike lanes are in place along Knudsen Blvd. OBJECTIVE 5.1.7 Provide a connected network of pedestrian -friendly streets and pathways POLICY a. Design new streets to connect with other streets, except where topography or existing development prevents a connection COMMENT Sidewalks and bike lanes are in place along Knudsen Blvd. The sidewalks connect to other sidewalks in the city. POLICY g. Provide sidewalks along both sides of all public streets COMMENT Sidewalks are in place on both sides of Knudsen Blvd. 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 Sidewalks and bike lanes are in place along Knudsen Blvd. The sidewalks connect to other sidewalks in the city. 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 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 Bulk, height and other features to ensure compatibility will be addressed in the Design Review process. POLICY c. Encourage the development of well -landscaped parking lots and buffer strips on major corridors COMMENT The buffer strips are required in current code, as well as some landscaping in parking areas. This will also be addressed in the Design Review process. POLICY d. Encourage the development of plazas and courtyards by commercial development that encourage public gathering, particularly in the neighborhood and community centers COMMENT This will be addressed in the Design Review process. OBJECTIVE 6.2.2 Encourage infill and redevelopment to be pedestrian -oriented POLICY e. Coordinate parking space standards and parking lot designs with pedestrian, bicycle and transit systems COMMENT This will be addressed in the Design Review process. 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 Permits for exact land uses have not yet been filed. However, they will be evaluated in Design Review, and by the Land Use and Development Commission where appropriate. POLICY b. Assure that future developments results in the establishment of recognizable neighborhoods, communities, and districts COMMENT The project is only one site, rather than a separate neighborhood or district. Future development at the site and in the Yellowstone Commons subdivision will be encouraged to embrace continuity in design through the Design Review process. 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 site is within the USB. POLICY e. Ensure that new development in wildfire prone areas implements precautionary measures PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 1940�t_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us COMMENT The site 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 This is a current city standard and will be evaluated in a stormwater permit. POLICY d. Limit development on steep slopes COMMENT The site is relatively flat. 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 Knudsen Blvd was built with water and sewer mains in place, anticipating future development. POLICY c. Provide municipal water and sewer services only after the owners of the land to be served have signed appropriate documents for future annexation or land has been annexed to the City COMMENT Knudsen Blvd was built with water and sewer mains in place, anticipating future development. POLICY d. Public water and sanitary sewer services shall be required for all new urban development within the urban service boundary COMMENT Knudsen Blvd was built with water and sewer mains in place, anticipating future development. Water and sewer lines on site will be the responsibility of the developer. 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 lines on site will be the responsibility of the developer. 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 b. Require and impose current municipal standards on areas where utilities are extended COMMENT Knudsen Blvd was built to city standards, with water and sewer mains in place with anticipation of future development. CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled POLICY a. Require new streets to connect with other streets COMMENT Knudsen Blvd connects with Hawthorne Rd and Yellowstone Ave, and flows into Bonanza Ave on the west and Evans Lane to the east. POLICY b. Require the consideration of transit access in subdivision review COMMENT PRT is not currently serving Knudsen Blvd directly. POLICY c. Require the inclusion of bicycle and pedestrian systems during subdivision review and development to support alternative modes of transportation COMMENT Sidewalks and bike lanes are in place along Knudsen Blvd. The sidewalks connect to other sidewalks in the city. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us POLICY d. Provide a mix of land uses, a more -connected street network, and alternative modes of transportation, including buses and shuttles COMMENT Permits for exact land uses have not yet been filed. Although Knudsen is already in place, PRT is not currently serving Knudsen Blvd directly. 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 Permits for exact land uses have not yet been filed. Applications for residential land uses may only be permitted by the LUDC via a Conditional Use Permit. OBJECTIVE 10.1.2 Protect residential property values POLICY a. Use a combination of zoning, development standards, site planning guidelines, and transportation routes to protect residential property values — they will be used to create the highest level of compatibility between adjacent uses possible while retaining a synergistic mix of uses within neighborhoods and communities COMMENT The layout and site planning, with transportation routes, will be evaluated in the Design Review. 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 a. Single-family attached: Structures such as townhouses or rowhouses. Generally acceptable anywhere a single family residential unit is permitted POLICY b. Two-family dwellings: Generally acceptable anywhere a single-family residential unit is permitted. Encourage designs that appear to be a single unit POLICY c. Multi -family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers; encourage large apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks COMMENT The request is for General Commercial (C-2) zoning. Permits for exact land uses have not yet been filed. Applications for residential land uses may only be permitted by the LUDC via a Conditional Use Permit. CHAPTER 11: ECONOMIC DEVELOPMENT GOAL 11.2 CENTRALIZE COMMERCIAL EFFORTS OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development POLICY a. Allow future commercial growth to occur within new neighborhoods in a manner that is consistent with the community design principles defined in Chapter 6: Community Design COMMENT The request is for General Commercial (C-2) zoning. Permits for exact land uses have not yet been filed. GOAL 13.2 SUPPORT THE MAINTENANCE AND ENHANCEMENT OF THE PUBLIC EDUCATIONAL SYSTEM OBJECTIVE 13.2.2 Create schools that are safe and accessible to students with a minimal need for school - operated busing, and that are compatible with and complementary to their neighborhoods POLICY c. Work with schools and neighborhoods to explore options for access to elementary and secondary schools via local streets and/or pathways COMMENT Provide comment or delete section if not applicable * 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 CMHP Zone Change Exhibit 5a: Notification Area - 300+ Feet Public Notification 7— Select or sea -ch fo, a featu,e n t -e map L.J Address `>y,. — Q Apply a search distance 300 f=eet Addressee Layer _•� �^- at Subject Comma -separated values Property 60 addressees found; do you want to knlicl {-1J1g0Fkw,: CMHP Zone Change Appendix 5b AAA LLC ADAMS, ROBERT D BERGER, MITCHEL E PO BOX 2502 4732 MISTI AVE 417 IDEALYA LN POCATELLO, ID 83206 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 BRENT CORP 80% INT CHUBBUCK DIALYSIS LLC CLARK, BRIAN J 435 EAST AVE D C/O FRESENIUS MED CARE ATTN 409 IDEALYA LN LEASE ADMIN WENDELL, ID 83355 WALTHAM, MA 02451 CHUBBUCK, ID 83202 CLEMONS, JUSTIN F COWAN, JOHNNIE DAWSON, MARK 4755 HEIDI CT 4609 HAWTHORNE RD 501 TEWA AVE CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 POCATELLO, ID 83204 DRAIS, THOMAS J ERICKSON, LEAHMAE WALDRON FAYLE, KELLY W 421 IDELAYA LN 4631 HAWTHORNE RD 4728 KIMMI CT CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 FOLTZ, DAVID L GARY N NELSON & CO GONZALEZ, MATIAS 4691 MISTI AVE PO BOX 6004 4724 HEIDI CT CHUBBUCK, ID 83202 TWIN FALLS, ID 83303 CHUBBUCK, ID 83202 HAMANN, NEIL HANSON, DOUGLAS HARDIN, TIFFANI ANNE 4718 KIMMI CT 4739 KIMMI CT 4641 HAWTHORNE RD CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 HEMENWAY, KELLY LEON HEWATT, BRETT HIRSCHI, CLAY M 4661 HAWTHORNE RD 420 IDEALYA LN 311 W CHUBBUCK RD APT A -C CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 HOLGUIN, PAUL HUNZIKER, WILLIAM PAUL KNUDSEN POOR FARMS INC 416 IDEALYA LN 4705 HAWTHORNE RD 98 FORT HALL AVE CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 AMERICAN FALLS, ID 83211 KOPPINGER, RICHARD F LAMBSON, JEREMY I LANDON, STEVEN C 413 IDEALYA LN 5394 LORI LN 4748 KIMMI CT CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 MADERA, OLIVA MCCULLY, PAUL S MEDLEY, KENNARD E 4714 HEIDI CT 415 IDEALYA LN 4715 HAWTHORNE RD CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CMHP Zone Change Appendix 5b IN; MINOR, STEVEN C MOUNTAIN SKY PROPERTIES LLC MURRAY, ROBERT J FAMILY LIVING TRUST 4650 HAWTHORNE RD #213 4744 HEIDI CT CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 NIX, TANYA ORTHEL, DAVID H PARKIN, MATTHEW E 9559 W HEATHER RD 799 LEONIDAS DR 4719 KIMMI CT CHUBBUCK, ID 83202 POCATELLO, ID 83204 CHUBBUCK, ID 83202 PERKES, RUSSELL L PORTER, SUZETTE PRATHER, MIRANDA 4733 MISTI AVE 4716 HEIDI CT 4619 HAWTHORNE RD CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 PRATT, PAUL D PRICE, JARED RAMSEY, RONALD 4754 HEIDI CT 4870 BUFFALO RD 4699 MISTI AVE CHUBBUCK, ID 83202 POCATELLO, ID 83202 CHUBBUCK, ID 83202 REDDIN, ROY SEAL, EDDIE R JR SESSIONS, SPENCER 4715 MISTI AVE 4704 HEIDI CT 4738 KIMMI CT CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 SISNEROS, FRANK A SPARKLES ENTERPRISES SUDWEEKS, DENNIS 485 JULIETTE WAY PHEASANT RIDGE LLC 422 IDEALYA LN CHUBBUCK, ID 83202 4738 SUMMERWOOD DR CHUBBUCK, ID 83202 BOUNTIFUL, UT 84010 WERTH, SARAH LEIGH H/W WINWARD, CAMILLE D RILEY, DANIEL L 515 BONANZA 4729 KIMMI CT 4750 MISTY AVE CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 CHUBBUCK, ID 83202 Exhibit 5c: Evidence of Notice Site Posting la4�3c\ CHUBBUCKH 0 1 0 PO Box 5604-5160 Yellowstone Avenue, Chu bbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CHUBBUCK 1 0 A H 0 Memo Community Services and Economic Development Dept PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us To: Honorable Mayor & City Council; Land Use & Development Commission From: Devin Hillam, Community Services & Economic Development Director '104 Date: July 15, 2021 Re: Statutory and judicial framework for decision-making processes As applications and issues arise and elected and appointed leaders change transition, and as a regular educational component that we do with Council and the Land Use & Development Commission, the following information helps to provide a summary of the statutory and judicial framework for decision-making processes at the municipal level. In the following, I will address the differences in Idaho between quasi-judicial and legislative decisions, requirements pertaining to ex -parte communications and disclosures, general guidance on the Idaho Open Meeting Law requirements, etc. Quasi-judicial vs. Legislative Decisions Within the realm of local decision-making are two types of decisions, quasi-judicial and legislative and it is vital to understand how the requirements of each apply to any decision of the Council. Typically, however, quasi-judicial decisions pertain primarily to land use and development related applications (but not all). The bulk of the following comes from information provided in a phenomenal resource in Idaho- The Land Use Handbook. The Law of Planning, Zoning, and Property Rights in Idaho (link at end). Quasi -Judicial Quasi-judicial decisions are those that are made by either administrative or executive officials with proceedings and rules like a court proceeding and are made based up on a review of the facts of a case with rational decisions. While decision -makers should be concerned with making rational decisions based on facts and from positions of neutrality, it is with quasi-judicial application is that is utmost critical. Within the current statutory and judicial framework, only the following types of land use applications are quasi-judicial: • Initial zoning following annexation 1 • Rezoning of specific parcels or sites pursuant to Idaho Code 67-6511 • Conditional rezoning pursuant to section 67-6511A • Application for subdivision • Application for variance • Application for conditional use permit • Planned Unit Developments (and in Chubbuck, creative communities) For quasi-judicial decisions, it is essential that decision -makers view their role as judge and act accordingly. This includes ensuring that due process is maintained for the applicant and other affected parties, following the rules and regulations of Idaho Code and our own city codes, getting all facts of the case on the record, and making a reasoned decision based on the facts. Failure to do so could result in an appellant challenging a decision in judicial court and the court invalidating a decision by the City. When a decision is invalidated due to issues related to due process or faulty decision-making, it typically results in tremendous costs to applicants, costs the city, and is simply bad PR. While quasi-judicial applications by nature may seem restrictive upon the choices that the Council or LUDC may make, for some they are not and for others, they are. For example, with subdivisions, the criteria as clear- they are either satisfied by the proposed plat or they are not. For items like conditional use permits or zoning however, there is still the ability for our decision -makers to utilize their expertise and opinions in coming to conclusions, provided that the decisions are based on facts and reasoning. Case in Point- Zoning Application: • Size: 11.5 acres • Adjacent Land Uses/Zoning: Mix of mostly older single-family residential properties with some commercial and permitted or conditionally light industrial uses; all properties are in the city already. The residential properties are zoned R-2 (like most of the City) and the commercial properties are zoned C-1. All properties within 300' of the subject property have a Comprehensive Plan designation as "Mixed Use". Properties having frontage along the arterial have been redeveloping over time into non-residential uses. • Location: The property has frontage and access on an arterial road with capacity for more traffic in the future. • Requested Zoning: R-4, Dense Residential. No specific development plan provided. • Comp Plan Future Land Use Designation: Mixed Use. Allows for R-1, R-2, R-3, R-4, and C-1 zoning. • No comments received from political subdivisions serving the property. • Policies of the Comp Plan (Not Actual Policies): 1. Commercial land should be located near major roads. 2. Dense residential land should be located near major roads. 3. Commercial uses and zoning should provide buffers against residential uses/zoning. 4. An appropriate mixture of dense residential and day-to-day shopping uses is highly desirable to decrease reliance on vehicles and to decrease road congestion. 5. Preserve viable agricultural land. • Criteria of Approval: 2 1. The zone change is not in conflict with the policies of the Comprehensive Plan. 2. The zone change does not negatively impact the delivery of services by any political subdivision providing services to the property. • Public Comment: 1. Immediate next-door neighbor- Opposed. The owner operates a noisy vehicle repair yard and is worried about noise complaints from the neighbors and from residents of an apartment complex trespassing onto his property. Would rather see a commercial business that would help further redevelop the arterial frontage road. Threatens to sue City if approved as dense residential (several in the room clap and cheer. The Mayor gavels and the room comes back to order). 2. Immediate next-door neighbor on the other side- Supportive. Is a new owner who purchased the 3 acre lot. States that the city needs more residential land and that since roads, sewer, and water are already fronting the lot, it is in the financial interest of the city to see the property develop at R-4 densities. States that he has considered redeveloping his property in the future similarly. 3. Property Owner within 300' radius- Opposed. States that the subject property has fertile land for gardening and that the prior owner grew 3 times the amount of tomatoes on that property than he has seen anywhere else. Hates commercial and dense residential development and wants to see the property develop to a lower density residential use so that the owners can enjoy the good soil. 4. Property Owner within 300' radius- Neutral. States that they realize growth is coming, for the good and bad. Just wants to see if develop wisely. States that they've spoken with staff and has learned that the City has excellent standards for dense residential developments. Asks that those standards be enforced if the zoning is approved. 5. Individual not owning property within 300'- Opposed. States that everyone in America should own at least 5 acres and that to do otherwise is to give in to a commie plot. • Applicant rebuttal: The applicant stated that while their development plans are not solidified, they are seeking the R-4 zoning so that if they decide to go with a dense residential product, they could without additional approvals. They are not committed to dense development and certainly may go with a product that is more in light with an R- 2 or R-3 density depending on the market. They state that the Comp Plan allows the R- 4 zoning in a mixed-use area and so they feel they should be granted it. • Council Discussion: 1. Councilmember Bruce Wayne — Feels that the request is reasonable since the comp plan calls for putting dense residential along arterials. States that the development issues, like buffering, can be addressed. Feels that concerns about folks trespassing is one that we all have to deal with and is the reason why the city has a police force. 2. Councilmember Freeze — Largely agrees with Bruce Wayne for the first time ever but would like to see a development plan first but it isn't a big deal since city has standards and regulations that a develop would need to follow. 3. Councilmember Ivy — Opposes the zoning, citing a believe that the city is getting too dense and that the city should protect viable ag ground, as per the policy of the comp plan. Would be more in favor of R-2 zoning like the surrounding neighborhood. 3 4. Councilmember Gordon — Opposes the development, citing a belief that based on the trends in the area and its location along a major arterial, that the property should be zoned for C-1 type uses. States that the area lacks any mom-and-pop types stores and that he'd like to see some there if possible. • Councilmember Wayne moves to approve the rezone as requested (a disruption arises in the audience and the Police Chief must remove the unruly citizen), citing the lack of evidence that the change will negative impact political subdivision and citing policies #2 and #4 as supportive. There is already a healthy mix of residential and commercial and the rezone will locate a dense residential zone along an arterial. Votes are cast and it is a tie (Freeze and Wayne are in favor; Ivy and Gordon are in opposition). • Mayor Shiva — Up to this point, the Mayor was neutral but now the Council has put her in a situation where she has to vote. Knowing that no political subdivisions provided testimony about impacts, the Mayor feels that there are no known impacts and any of the zones could be supported. The Mayor knows that now, a decision comes down to the policies of the Comp Plan and recognizes that the policies as stated are all valid but it comes down to pure community preference -just the thing that she and the other city councilors were elected to represent. The Mayor feels like the density is too high given the surrounding property usage and zoning and votes opposed to the motion. • Councilmember Wayne moves to zone the property as R-2 (the audience gasps, some cheer but pipe down quickly after the Mayor gavels and the Police Chief stands and shakes his head.) like the surrounding properties based on the facts of the case and the testimony provided, stating that he finds that Policies #1 and #2 of the Comp Plan do not require high density residential uses or commercial zoning along arterials and that rather, it is guidance that if those developments are proposed, those are the areas that they could go. Wayne states that the change will not negatively impact political subdivisions since none commented. Wayne states that the R-2 zoning is compatible and states that if the applicant would like to upzone to R-4 in the future, that they are welcome to apply but urges that they bring a development plan for Council's review and to consider for a zoning development agreement. Councilmember Freeze seconds. Ivy and Gordon oppose and the Mayor votes in favor of the motion. Analysis Truth be told, had any of the Council members made a motion in support of their position and the motion been approved, the zoning would have been upheld in court since the motions and positions were based on the facts of the case and upon making decisions based on the review criteria and nothing else. While some of the arguments certainly were weaker, they are likely just as valid since in land use application judicial reviews, judges show high deference to the local officials knowing the nature and needs of their communities. For judicial review applications, it is imperative that the Council and Land Use deal with information presented as part of the staff report with all written materials included, that due process be provided to all affected parties, that the Council and Land Use recuse themselves when they know that they cannot be honestly neutral in making a decision based on the facts, disclose any discussions or information gathered outside of the public hearing (ex -parte communications- e.g., discussions with anyone about the matter, discussions by two members who don't comprise a quorum, and even having made a drive by visual inspection to look at a property). While Council and Land Use can speak to people about a case outside of the public meeting and hearing, if they forget to disclosejust one person or the substance of one discussion, that alone could be grounds 4 to reverse the Council's decision and force a new discussion and decision and thus it is strongly recommended that as good policy, the Council and Land Use not talk to anyone about a quasi- judicial matter and ask people to come to a hearing if they'd like their input to be heard. To reiterate, for quasi-judicial matters, if discussions occur outside of the open meeting about a topic that is pending review, the member who had the discussion must disclose the source of the information and the substance of the conversation to be part of the public record. In terms of understanding the facts and issues, and approval criteria of a case, my staff provides a detailed staff report along with every application to assist the decision -makers in making reasoned decisions. We recommend that when making motions for quasi-judicial decisions, that Council and Land Use cite specific facts and how they relate to the approval criteria. Legislative Decisions Legislative decisions are those wherein the Council is acting less as judges as more as community representatives. For land use and development applications, applications deemed legislative and not eligible for judicial review are: • Comprehensive Plan adoptions or amendments • Comprehensive Plan maps • Moratoriums • Enforcement actions • Category A (voluntary) annexations • Rezoning for large areas or several properties/parcels • Building permits • Design review approval or denials For legislative changes, the rules pertaining to ex -parte communications, disclosures, neutrality, and even the needs to make decisions based on specific criteria are relaxed and sometimes even non-existent. Generally though, it is recommended to follow the same rules and processes as quasi-judicial reviews so that consistency is maintained. That said, if a case was made by an affected party that an error in judgment occurred, even a legislative decision can be challenged in court by an appellant seeking a declaratory judgment action challenging the validity of an ordinance and thus, it is imperative that the Council and LUDC follow their rules and processes for making legislative decisions. Other Considerations that Can Impact Decisions Open Meeting Law a. The governing body of public agencies and their subagencies are required to follow open meeting laws. For our regular purposes, this includes the City Council, Land Use, and the Chubbuck Development Authority. b. Open Meeting Law must be followed any time that there is a quorum of members that are discussions or deliberating on matters which are with the ambit of official business. Failure to notice and hold a proper Open Meeting may result in decisions being overturn and in decision -makers being held financially liable individually. 5 c. Open Meeting Law requires that certain notices and agendas be given and posted in accordance with Idaho Code. The City Clerk is the expert on these requirements and if you have questions, I urge you to consult with him. d. Open Meeting Law as it applies to discussions conducted via telephone, computer, cell phones (including texting), or other electronic means (excerpted from Open Meeting Law Manual): i. Open Meeting Law applies to the deliberations and discussions between two or more members of a board or commission on some matter which foreseeably will come before that board or commission for action. The use of a telephone to conduct such discussions does not remove the conversation from the requirements of the Open Meeting Law. ii. Similarly, members of a public board may not use computers or texting to conduct private conversations among themselves about board business. A one-way e-mail or text communication from one city council member to another, when it does not result in the exchange of council members' comments or responses on subjects requiring council action, does not constitute a meeting subject to the Open Meeting Law; however, such e- mail or text communications are public records and must be maintained by the records custodian for public inspection and copying. Vital Resources: Considerations when making quasi-judicial/legislative decisions: • Land Use Handbook: The Law of Planning, Zoning, and Property Rights in Idaho: https://www.givenspursley.com/publications Idaho Open Meeting Law: • Attorney General Open Meeting Law Manual: https://www.ag.idaho.gov/content/uploads/2018/04/0penMeetinq.pdf • Idaho Code Title 74 Chapter 2- Open Meetings Law: https://legislature.idaho.gov/statutesrules/idstat/title74/t74ch2/ M VA � ! f 01 00000, Quasi -Judicial vs Legislative Decisions Two types of decisions at local level • Quasi-judicial • Legislative Both are equally'important in how decision -makers evaluate and make decisions. • They just have different requirements that needs to followed and considered 9 Post -amendment (2010 -present) Not Subject to LLUPA Review Comprehensive plans (adoption or amendments) Comprehensive plan maps Moratoriums (issuance or lifting) Enforcement actions 258 Annexations (annexations do not fall within LLUPA's judicial review provisions, but category B & C annexations are subject to IAPA review under a separate statute)259 Rezoning of large areas?2G0 Building permits261 Design review approval or deniaP-67 Legislative Subject to LLUPA Review Initial zoning following annexation Rezoning of specific parcels or sites pursuant to section 67-6511 Conditional rezoning pursuant to section 67-6511 A Application for subdivision Application for variance Application for conditional use permit (aka special use permit) "Other similar applications required or authorized" under LLUPA. Planned unit developments' -h; Quasi -Judicial vs Legislative Decisions Quasi -Judicial: Action to decide how a general rule or regulation applies to a particular person, property, or interest. • Because these actions impact some members of the community more than the whole community, due process is significantly greater than in legislative. Requires: • Notice and opportunity to be heard • Opportunity to be present and rebut evidence • Impartial decision makers • A record of the proceedings • Adequate findings and conclusions Legislative. Action -taken by a govern.in.g body which guides or directs the public L enacting rules, regulations, policies, and.lor procedures. • Result from broad public input • Challengeable typically on grounds of being unreasonable, arbitrary, or capricious. In Idaho, this usually happens when a member of a governing board has a direct personal interest in the outcome. 4 Legislative _Actions. I . Has the input been broad? 2. Has the process been fair (and there is no conflict of interest)? 3. Has the process been public? 4. Have the established procedures been followed? 5. Has proper notice been given? Quasi -Judicial Actions. I. Has the process been public (and there is no conflict of interest)? 2. Is the decision being made from information "on the record" (with no ex parte communications)? 3. Is the basis of the decision well reasoned and clear? 4. Has the governing body given the process due? 5. Is the decision clear, final and appealable? Things to remember for Quasi -Judicial - DUE PROCESS! • Ex -parte communications or fact finding must be disclosed at the meeting • Includes: Speaking to member of the public about the application • Communicating with another decision -maker about the topic- cell, face-to-face, email, text, etc • Driving by a subject property to view it in context of the application • Process is critical • Follow public hearing resolution for order and type of testimony, including giving applicant opportunity to rebut • Need to be neutral • Sitting as a judge • Decisions need to be made based on the record • Staff reports provide great deal of facts • Ordinances, Camp Plan • Public testimony and input • Discussions at the open meeting and hearing • Decisions need to be based on the review criteria and be rational • Review criteria are given in code for quasi-judicial reviews (and sometimes for legislative reviews) 6 Quasi -Judicial Every decision -maker on a board could make a motion to take an action based on reasons that were different than the other decision makers and the motion, if approved by the majority, would be upheld if it was reasonable, rational, and based on facts, the review criteria, and the record. a Quasi -Judicial- Best Practices • Make disclosures before the public hearing begins. • It is okay to drive by the site- you need to disclose in the meeting when you drove by and what you saw • Refrain from speaking to members of the public about projects that you know that have made application or that will make application. • Refrain from speaking to other decision makers about a project that you know that have made application or that will make application until the open meeting. • If you know something about an application and that info doesn't come up during the hearing and you know that it will affect the basis for your decision, you should disclose it before the public input period begins. • If you have questions, always CYA- Consult Your (the City's) Attorney 8 Things to remember for Legislative Decisions • Legislative decisions are about setting policy for the city or broad area, generally. Process must be followed: • Notices, Open Meeting Law, etc., as required by Idaho Code and City Code • You can: • Speak to members of the community without needing to make disclosures • Drive by a site without making disclosures • Do your own research without making disclosures • Come into the meeting without being impartial Best Practice: Because somethings like rezones lie in a fine area between quasi-judicial and legislative, it is generally recommended to abide by the best practices for quasi-judicial decision-making. Staff and the City Attorney can help educate you if you have questions to let you know how to best proceed for your reviews. 9