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PH #1 Knudsen Apartments
CHUBBUCK Community Services Department Planning Services Division 190 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 22 CHUBBUCK ASSOCIATES — KNUDSEN BLVD APPLICATION FOR A CONDITIONAL USE PERMIT FOR APARTMENTS IN THE COMMERCIAL GENERAL ZONE CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON MAY 10, 2022 — STAFF REPORT CONTINUATION OF PUBLIC HEARING AND DISCUSSION ON MARCH 8, 2022 SUMMARY DESCRIPTION: An application for a Conditional Use Permit (CUP) to construct apartments in the Agricultural (A) zone. The site is under conditional approval to be included in the Commercial General (C-2) zone and comprises approximately 8 acres of land. Subject property is generally located on the north side of Knudsen Blvd. and east of Hawthorne Rd. in Chubbuck, Idaho in the NW 1/4 of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho. The application will be reviewed against criteria in section 18.28.020.C.5 of City Code. 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 CUP. • Apartments are conditionally 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 were addressed and are reflected in the site plan included with this report. o The committee directly reviews and approves such technical details as parking, landscaping, access, utility services, and sanitation, and in no way approves the proposed use. o The Land Use and Development Commission may approve other or more stringent conditions on the proposal. • CUP is conditional upon final approval of the zone change to Commercial General (C-2). • The applicant has met City Code requirements to be heard for a CUP. • Staff recommends approval of the use and site plan and other details as presented. o The developer has modified the project design, re -orienting the buildings and moving them southward away from property line to help alleviate privacy concerns with neighboring single family homes (see Exhibit 3.b: Revised Site Plan and Building Elevations. 22 Chubbuck Associates CUP 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. A public hearing on the project was held by the Commission on March 8, 2022. The item was tabled and developer asked to modify the layout/design and return for another public hearing. 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 section 18.28.020.C.5 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. 18.08 Land Use Districts and General Controls b. 18.28 Administration APPLICANT: 22 Chubbuck Associates LLC 428 West 12300 South Draper, UT 84020 OWNER: CMHP Chubbuck Development LLC ATTN Chris Miller 428 West 12300 South Draper, UT 84020 LOCATION: The site is located on the north side of Knudsen Blvd east of Hawthorne Rd. It comprises 8 acres within Bannock County parcel numbers RPRCYC2000102 and RPRCYC2000102. 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 ON KNUDSEN BLVD: 2021: Knudsen east of Hawthorne, 4746/day 2019: Knudsen west of Yellowstone, 4752/day RECENT TRAFFIC COUNTS ON HAWTHORNE RD: 2021: Hawthorne north of Knudsen, 14,550/day 2018: Hawthorne north of Knudsen, 10,889/day NORTH: Single family residential; Limited Residential (R-2) EAST: Vacant/farm; General Commercial (C-2) SOUTH: Vacant/farm; General Commercial (C-2) WEST: Small business park and vacant parcel; Limited Commercial (C-1), General Commercial (C-2), and Agricultural (A) CHUBBUCK 1 0 R H 0 190 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 22 Chubbuck Associates CUP SERVICES: ACCESS STREET: Knudsen Blvd, no other street connections are planned EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, service is adjacent to property in Knudsen Blvd SEWAGE DISPOSAL: City of Chubbuck, sewer connection is in place in Knudsen Blvd PROCEDURES: 1. In accordance with City Code 18.28.020 and Resolution 2021-09, 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 18.28.010, a public hearing is scheduled before the LUDC at the March 8, 2022, regular meeting of the Commission. 3. In accordance with City Code 18.28.010 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 15 days prior to the hearing; c. Mailing to owners of property within a 300 ft. radius of the site at least 15 days prior to the hearing; and d. Notices posted prominently at the city office and website at least 15 days prior to the hearing. 4. The hearing will be conducted in accordance with procedures established by City Code 18.28.010 and Resolution No. 2021-06. PUBLIC COMMENTS: No written comments were received as of this report. POLITICAL SUBDIVISION/AGENCY COMMENTS: No comments were received as of this report. GENERAL REQUIREMENTS AND PROCEDURES The following code regarding CUPS should be used in evaluating and weighing the application: 18.28.020.CS. Standards for Approving a CUP: The following standards are addressed by the applicant with the submittal (see attached), section E8: 1. The proposed use is conditionally permitted in the subject zoning district and complies with all of the applicable provisions of city code unless modified through the conditional use permit process. 2. The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. 3. The proposed use is compatible with other existing and permitted uses in the general vicinity. 4. The proposed use is harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses. 5. The proposed use would not place an undue burden on transportation, police, fire and EMS protection, water/sewer, schools, and other public facilities or agencies, in the vicinity. CHUBBUCK 1 0 R H 0 190 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 22 Chubbuck Associates CUP The proposed use, if it complies with all conditions imposed, will not adversely affect other properties or the environment in the vicinity to a materially greater extent than would uses permitted outright by this Code. 78.28.020.C6. Conditions for Approval: To make affirmative findings relating to the standards established in section 18.28.020.C.5, LUDC may condition approval of the permit on compliance, including but not limited to, the following: Conformity to approved plans and specifications. a. The Comprehensive Plan Future Land policy designates the area as Commercial, which is a high-intensity category allowing for C-2 and C-7 zones. Apartments at this location, in the core of the city activity center, meets other requirements of the Comprehensive Plan, particularly in the provision of Housing. 2. Provision of open spaces, pathways, buffer strips, walls, fences, landscaping, and lighting. a. The site design includes internal sidewalks, lighting, and landscaping, and wider buffers/open space in the Redman Canal easement. Minimizing adverse impact on other development. a. Standard developments in the C-2 zone are allowed to build up to the rear and side property lines with no setback and up to 70' high. The proposed site plan, and recommended by the Design Review Committee, includes: i. The project will only have public road access on Knudsen. Although roads across the canal are stubbed, this development will not create traffic in the residential neighborhood. ii. A buffer of landscaping between the parking area and the single-family homes to the north will be 40' wide, where none is required in the C-2 zone at the rear property line. iii. The two buildings on the north of the project were at least 50' from the property line in the original sited design, where no setback is required in the C-2 zone. In the original layout the buildings facing north included 48 kitchen or living room and bedroom windows. iv. The revised layout places parking between the buildings and the property line, doubling the setback to over 700'. Rotating the buildings 90° reduces the number of windows facing north to 8 total per building. v. Maximum height in the neighboring R-2 zone is 35'. The proposed buildings will be 49' high (at ridge of rood, certainly higher than a single-family home, but lower than the 70' allowed. The 41" story windows will be below the eaves, designed to be at 39'. 4. Controlling the sequence and timing of development. a. Because the project is not building any new street and utilities are stubbed into the property, the sequence and timing should not disrupt traffic or utility service provision. 5. Assuring that development is maintained properly. a. The development is planned to remain under single ownership, which is more likely to be maintained than with multiple owners. b. Maintenance on the canal bank and within the canal easement is the responsibility of the land owner. The developer is committed to installing and maintaining landscaping in the CHUBBUCK 1 0 R H 0 190 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 22 Chubbuck Associates CUP canal area. Although there is an easement for the canal, the property will still be owned and maintained by the developer of the project. Designating the provision of on-site or off-site public facilities or services. a. There are no outstanding issues. Requiring more restrictive standards than those generally required by the Code. a. The development is adhering to higher and more restrictive standards than are normal requirements for the C-2 zone. 8. Requiring the mitigation of effects of the proposed development upon service delivery to the property by any political subdivision, including school districts. a. Through previous traffic impact analyses and ensuing investments in Knudsen Blvd and the surrounding development, the built infrastructure is prepared to accommodate utilities and traffic for development of the site. b. No comments have been received from utilities, the school district, or other political subdivisions. STAFF RECOMMENDATION Based on the Standards for Approving a CUP, the Conditions for Approval above, staff recommends approval of the proposed use, revised site plan, and other details as presented without conditions. 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 Findings of Fact to Conditional Use Permit as described in the application materials with the following conditions: ............. (if found necessary by LUDC). APPROVAL (WITHOUT CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve the Findings of Fact to approve 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 and cannot be satisfied through conditions of approval, I move to approve the Findings of Fact 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] 1940-t-\ CHUBBUCK 1 0 R H 0 190 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us REPORT: Don Matson, Planning Manager dmatson@cityofchubbuck.us (208) 239-3252 DATE: May 4, 2022 22 Chubbuck Associates CUP 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. Findings of Fact and Conclusions of Law 2. Reference Map — 22 Chubbuck Associates Site on Knudsen Blvd 3. Application Materials a. Completed Application (updated) b. Site Plan (updated) and Building Elevations c. Building Floor Plans and Construction Drawings (on file with staffl d. Copy of Warranty Deed and Purchase and Sale Agreement (on file with staffl 4. Design Review Committee Meeting Minutes (on file with staffl 5. Current Zoning Map 6. Comprehensive Plan a. Future Land Use Map b. Policies Relevant to the Application 7. Minutes from LUDC Meeting on March 8, 2022 (excerpt) 8. Evidence of Notices (on file with staffl CHUBBUCK 1 0 R H 0 190 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CHUBBUCK LAND USE & DEVELOPMENT COMMISSION 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR APARTMENTS ON THE NORTH SIDE OF KNUDSEN BLVD EAST OF CHUBBUCK RD FACTS REQUEST: Request is for a Conditional Use Permit for apartments in the Agricultural (A) zone as required by Section 18.08.020 of Chubbuck city code. The site is under conditional approval to be included in the Commercial General (C-2) zone. 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 section 18.28.020.C.5 of City Code). The Commission may approve with or without conditions, may table a decision, or may deny the application. APPLICANT: 22 Chubbuck Associates LLC 428 West 12300 South Draper, UT 84020 OWNER: CMHP Chubbuck Development LLC ATTN Chris Miller 428 West 12300 South Draper, UT 84020 LOCATION: The site is located on the north side of Knudsen Blvd east of Hawthorne Rd. It comprises 8 acres within Bannock County parcel numbers RPRCYC2000102 and RPRCYC2000102. 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 RECENT TRAFFIC COUNTS ON KNUDSEN BLVD: 2021: Knudsen east of Hawthorne, 4746/day 2019: Knudsen west of Yellowstone, 4752/day RECENT TRAFFIC COUNTS ON HAWTHORNE RD: 2021: Hawthorne north of Knudsen, 14,550/day 2018: Hawthorne north of Knudsen, 10,889/day SURROUNDING LAND USES AND ZONING NORTH: Single family residential; Limited Residential (R-2) EAST: Vacant/farm; General Commercial (C-2) SOUTH: Vacant/farm; General Commercial (C-2) WEST: Small business park and vacant parcel; Limited Commercial (C-1), General Commercial (C-2), and Agricultural (A) 22 Chubbuck Associates CUP Findings of Fact and Conclusions of Law SERVICES: ACCESS STREET: Knudsen Blvd, no other street connections are planned EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, service is adjacent to property in Knudsen Blvd SEWAGE DISPOSAL: City of Chubbuck, sewer connection is in place in Knudsen Blvd 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. 18.08 Land Use Districts and General Controls b. 18.20.020 Conditional Use Permits (CUP) Procedures PROCEDURES: 1. In accordance with City Code 18.28.020 and Resolution 2021-09, 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 18.28.010, a public hearing was scheduled before the LUDC at the [INSERT DATE], regular meeting of the Commission. 3. In accordance with City Code 18.28.010 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 15 days prior to the hearing; c. Mailing to owners of property within a 300 ft. radius of the site at least 15 days prior to the hearing; and d. Notices posted prominently at the city office and website at least 15 days prior to the hearing. 4. Public hearings were conducted in accordance with procedures established by City Code 18.28.010 and Resolution No. 2021-06. PUBLIC AND AGENCY COMMENTS: Public and agency comments were taken in accordance with statutory requirements. RECORD: 1. The record is on file with City of Chubbuck Staff and consists of the application materials, staff reports and memos, public and agency testimony, meeting minutes, and applicable portions of city and state law. FINDINGS Having reviewed the record, including the application materials, staff report, testimony provided at the hearing and meeting, and the criteria for approval as found in city code section 18.28.020.C5 and the ability to impose conditions of approval in accordance with section 18.29.020.C6, the Land Use and Development Commission finds the following: CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 22 Chubbuck Associates CUP Findings of Fact and Conclusions of Law 1. Conditions of Approval necessary to approve the Permit are (if any): a. Approval of revised site plan as submitted. a C. rel 2. The proposed use is conditionally permitted in the subject zoning district and complies with all of the applicable provisions of city code unless modified through the conditional use permit process. 3. The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. 4. The proposed use is compatible with other existing and permitted uses in the general vicinity. 5. The proposed use is harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses. 6. The proposed use would not place an undue burden on transportation, police, fire and EMS protection, water/sewer, schools, and other public facilities or agencies, in the vicinity. 7. The proposed use, if it complies with all conditions imposed, WILL NOT adversely affect other properties or the environment in the vicinity to a materially greater extent than would uses permitted outright by this Code. ORDER: CONCLUSION AND DECISION; PERMIT TERMS 1. The Land Use and Development Commission, pursuant to the aforementioned, finds that the request for a Conditional Use Permit as herein described, shall be APPROVED. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: a. This Action does not deprive the owner of the property of all viable uses of the property. b. This Action does not have a significant impact on the landowner's economic interest. c. This Action does not deny a fundamental attribute of ownership. /641-0,e\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 22 Chubbuck Associates CUP Findings of Fact and Conclusions of Law 3. Applicant has a right to request a regulatory takings analysis pursuant to section 67-8003, Idaho Code. 4. This decision is effective ten (10) calendar days from its signing by the Chair. 5. Unless a longer time shall be specifically established as a condition or allowance of approval, a conditional use permit shall lapse and become automatically void one (1) calendar year following the date on which such permit became effective, unless prior to expiration, the use has commenced, and all conditions of the permit are satisfied. 6. CUP is non -transferable from one (1) parcel of land to another and shall run with the land and continue to be valid upon a change of ownership of the site or structure, providing however, that the new owner complies with the terms of the permit. CUPS may be revoked by the Community Services Director at any time if it is determined that any condition of the CUP or any other city code is being violated. Prior to revocation, the applicant shall be afforded thirty (30) days after the date of notification of noncompliance/intent to revoke to become compliant. Additionally, prior to revocation, the applicant shall be afforded an opportunity for a hearing before LUDC; said hearing must be requested within ten (10) calendar days of the date of notification of noncompliance/intent to revoke the conditional use permit. Failure to come into compliance within thirty (30) days of the notification of noncompliance and failure to request such a hearing will result in immediate revocation of the approved CUP and may constitute a violation of this title. Whether approved, approved with conditions, or denied, any party seeking judicial review of the decision must first appeal this decision to the City Council in accordance with section 18.28.080 and 18.28.090. APPROVED BY THE CHAIR OF THE LAND USE & DEVELOPMENT COMMISSION OF CITY OF CHUBBUCK, IDAHO, this day of 120 Jason C. Mendenhall, Chair ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1 0 R H 0 22 ChubbuckAssociotes CUP Exhibit 2: Reference Map — 22 Chubbuck Associates Site on Knudsen Blvd PO Box 5604 — 290 E Linden Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www,CityofChubbuck.us 1 0 R H R 22 Chubbuck Associates CUP Exhibit 3a. Completed Application CONDITIONAL USE PERMIT (CUP) APPLICATION Effective Date June 2021 PAGE L OF 4 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 21111 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. r,AIL1-dr-CENFI' INiTIALS FFE� PAID - P SECTION A—APPLICANT INFORMATION Al. Name 22 CHUBBUCK ASSOCIATES, LLC A2. Mading 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 under Section E, below SECTION B—OWNER INFORMATION (IF DIFFERENT THAN SECTION A) 81. Name CMHP CHUBBUCK DEVELOPMENT, LLC 82. Mailing Address Attn: Chris Miller, 428 West 12300 South, city Draper State Utah Zipcode 84020 B3. Phone Numher (including area code) B4. EmaF Address (385) 247-1075 cmiller@cjmdev.com SECTION C—SITE INFORMATION C1. Site Address (or location if no Address) City Zip CZ. Subdivision Name, Lot, Block, Div. No. (or Parcel No.) KnudsenBlvdHawthorl Chubbuck 83202 RPRCYC2000102 (AG parcel going SECTION D — PLANNING INFORMATION DI. Project Name D2. Project Size in Acres Knudsen Apartments 8 D3. Current Land Uses) and Structures: Agriculture, with conditional approval to rezone as commercial (C2). L CHUBBUCK 1 0 R H 0 22 Chubbuck Associates CUP Exhibit 3a. Completed Application Po Box 5604 — 290 E Linden Avenue CONDITIONAL USE PERMIT Chubbuck, ID 83202 208.237.2430— Fax 208.237.2409 (CUP) APPLICATION www.CityofChubbuck.us Effective Date June 2021 PAGE 2OF4 D5. Project request and detailed summary (attach additional sheet if necessary): Please refer to "D5. Knudsen Apartments Executive Summary 4.12.2022" attachment for project summary. SECTION E —SUBMITTAL REQUIREMENTS AND ATTACHMENTS E1. Application Fees: $ 340.00 CUP Fee +$75-00 Notice Fee ($1.50 x 50 required noticed — get # from staff) = $ 415.00 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 E4. Proposed site plan and drawings showing: • Property boundaries • Existing and proposed buildings • Proposed buildings/uses • Proposed parking stalls and drive aisles • Sidewalks and pathways E5. Floor Plan E6. Copy of Design Review Committee minutes (if Committee approval is required) showing technical requirements of project and conditions of approval, and explanation of how the project design has resolved any issues. E7. Copies of any special studies or other information required by City Staff ES. Explanation of how the use meets the Standards for Approving a CUP (use additional sheet if necessary): 1. How will the proposed use comply with all applicable provisions of city code, unless modified through the CUP process? The proposed design of this multifamily housing project exceeds the R-4 standards allowed for this building type. The rezoning application to C-2 has been conditionally approved and the proposal/design far exceeds the minimum setbacks and other design standards. This project will be providing larger setbacks and more landscaping than is required in the C-2. CHUBBUCK 1 11 R H 0 22 Chubbuck Associates CUP Exhibit 3a. Completed Application PQ Box 5604 - 290 E Linden Avenue CONDITIONAL USE PERMIT Chubbuck, ID 83202 208.237.2430- Fax 208.237.2409 (CUP) APPLICATION www.CityofChubbuck.u5 Effective Date June 2021 PAGE 3 OF 4 How is the proposed use in conformance with the goals, objectives, and policies of the adopted Comprehensive Plan? We feel this project aligns with many of the goals and policies of the comprehensive plan. This project, which is higher density than most in Chubbuck, should help lessen the effects of urban sprawl, protecting valuable farm land as a compact development. The proposed density aligns with the existing infrastructure, police, fire and other services without creating undue burdens. This project will be owned/managed by a single entity to ensure it remains clean, maintained and safe. 3. How is the use compatible with other existing or permitted uses in the general vicinity? Have changes been made to the proposal to enhance compatibility? East of the project site is a C-2 zoned, 2 -acre, multifamily property of similar design which is currently under construction. Larger setbacks, architectural notes, and additional landscaping are all designed to not only enhance compatibility but also be more harmonious with the immediately surrounding properties. 4. How is the proposed use harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses? Though larger than the properties to the north and west, this project's scale, mass, and other elements of this project will fit well with the intended future use of other neighboring sites. Our proposal provides larger setbacks and landscaping than what is required by the C-2, and will be designed to blend in with the surrounding areas. Since our first CUP application and corresponding LUDC hearing, we have adjusted our site plan to have the northern most building over 100' from the neighbors property line. The site directly to the east is zoned commercial, so its future use will blend well with our project. Additionally, we understand a developer is going through the entitlement process for market rate apartments on the 10 acre parcel just south of our site. Our project will not compete with the market rate apartments, as our rents are 60% of market rents and will be a more affordable option for renters in the area. 5. Are there any elements of the proposed use which could create undue burdens on transportation, police, fire, EMS protection, water/sewer, schools, or other public agencies or facilities in the vicinity? If so, how are the impacts being mitigated? It is anticipated there are no elements which would create undue burdens. Utilities and transportation are already provided to this site. Police, Fire and EMS should be able to monitor this site without undue burden. CHUBBUCK 6. Are there any elements of the proposed use which could adversely affect other properties or the 22 Chubbuck Associates CUP It is anticipated there are no elements which could adversely affect other properties or the Exhibit 3a. Completed Application PO Box 5604 — 290 E Linden Avenue CONDITIONAL USE PERMIT Chubbuck, ID 83202 • 1 am aware that if this application is not complete, the review process will not continue until it is so deemed 208.237.2430 -- Fax 208.237.2409 (CUP) APPLICATION www.CityofChubbuck.us Effective Date June 2021 • Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by PAGE 4 OF 4 6. Are there any elements of the proposed use which could adversely affect other properties or the environment in the vicinity? If so, how are the impacts being mitigated? It is anticipated there are no elements which could adversely affect other properties or the environment in the vicinity. SECTION F -CERTIFICATION • 1, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 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. • I 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. Signature F2. Printed Name F3. Date .X4/12/2022 D Matson X❑ 4/14/22 ❑ ❑ G2. _ 5/10/22 F CALL DIGLINE ® @ 811 AT LEAST 48 HOURS PRIOR TO THE Know what'sbelm COMMENCEMENT OF ANY Call before you dig. CONSTRUCTION. c 0 f� BENCHMARK STREET MONUMENT AT THE INTERSECTION OF KNUDSEN BLVD. AND HAWTHORNE ROAD ELEV = 4448.98' 9.0' 5 I 5 N LU U U Q LU Z J W LL io N 0' LD 0 0 N 5.0' BUILDING F 5 5 1 op 5.0' ' \ C ® 2 BUILDING D oNl 9.0' n EPal 26' FIRE LANE ACCESS 26' FIRE LANE ACCESS 9.0' 9.0' PROPERTY LINE 5.0' pEl El 2 El El El El BUILDING E BUILDING C OM UNITS PER BLDG rBEDRO( 16 M UNITS PER BLDG 16 ILDINGS 6 TOTAL UNITS 192 E N S I G N 45 West 10000 South, Ste. 500 Sandy, Utah 84070 Phone: 801.255.0529 THE STANDARD IN ENGINFERIHG www.ensignutah.com 2766 S Main Street a o, 1- 1- -- 0_ 60 e a 5 I 5 N LU U U Q LU Z J W LL io N 0' LD 0 0 N 5.0' BUILDING F 5 5 1 op 5.0' ' \ C ® 2 BUILDING D oNl 9.0' n EPal 26' FIRE LANE ACCESS 26' FIRE LANE ACCESS 9.0' 9.0' PROPERTY LINE 5.0' pEl El 2 El El El El BUILDING E BUILDING C OM UNITS PER BLDG rBEDRO( 16 M UNITS PER BLDG 16 ILDINGS 6 TOTAL UNITS 192 E N S I G N 45 West 10000 South, Ste. 500 Sandy, Utah 84070 Phone: 801.255.0529 THE STANDARD IN ENGINFERIHG www.ensignutah.com 2766 S Main Street 1- 1- -- 0_ 60 0 9.0' N 0 0 N s 22 Chubbuck Associates CUP Exhibit 3b: Site Plan (upated) SITE SUMMARY TABLE DESCRIPTION AREA (SF) PERCENTAGE PAVEMENT 119,600 34.3% ARCHITECTURE • PLANNING • INTERIORS ROOF 65,001 18.7% MONUM NT i// ; / / 175 8 MAIN BTREET, STE®®• SLC, UTAH 84111 k4N 3 SIGN / SIGHT i LANDSCAPING 163,879 47.0% 801-858-5918 www.arsa-us.aol'IPO o / / TRIANGLA / 348,480 TOTAL SITE 8.0 ACRES 100% 5 5 / LDING UNIT TABLE OM UNITS PER BLDG rBEDRO( 16 M UNITS PER BLDG 16 ILDINGS 6 TOTAL UNITS 192 . ® 15 15 2 / �' Salt Lake City, Utah 84115 ® 801.355.5656 E9 5.0 6 ® ��. MO it DVT 5.0' I 5 SIGN lo 01 20.0' 5.0' CLUBHOUSE TRIANGLE PARKING DATA TABLE STANDARD STALLS 357 Ensign Engineering and 0 A&A&A& 7 Land Survey 364 E N S I G N 45 West 10000 South, Ste. 500 Sandy, Utah 84070 Phone: 801.255.0529 THE STANDARD IN ENGINFERIHG www.ensignutah.com 2766 S Main Street . ® 15 15 2 / �' Salt Lake City, Utah 84115 ® 801.355.5656 E9 5.0 6 ® ��. MO it DVT 5.0' I 5 SIGN lo 01 20.0' 5.0' CLUBHOUSE TRIANGLE PARKING DATA TABLE STANDARD STALLS 357 COVERED STALLS 0 ADA - ACCESSIBLE STALLS 7 TOTAL STALLS 364 bhb@bhbengineers.com BHB STRUCTURAL VAN BOERUM & FRANK ASSOCIATES, INC. CONSULTING ENGINEERS WWW.VBFA.COM 1 1 ll/ VBFA 40 W. 1250 N. STE.1 B 435.752-5081 T ® 3 �` 2 / /// / / LOGAN, UT 84341 ® 5 ® / // / / / / / 393 East Riverside Drive Ik / l l i l i l' FIRE TRUCK ACCESSIBLE Suite 202 BNA St. George, Utah 84770 P:435.628.3670 a F:435.628.3680 4 // �� ACCESSIBLE ROUTE CONSULTING www•bnaconsulting.com SALT LAKE ST.GEORGE ©2011 BNA CONSULTING 13 MAINTP OL l 111111 / �l l,i /�� G �IEERT EDGE O / 11 i i /ll Z -A a f C ItE?C U re 720 S. RIVER RD, SUITE D2100B ST. GEORGE, UTAH 84790 P: 435.673.7362 HORIZONTAL GRAPHIC SCALE 30 0 15 30 60 7 4 IN FEET) / / - l i i t i l i i i /ll HORZ: 1 inch = 30 ft. 21 ®4. a.:. AMEN4TI�S •.:.: / / / 1 / ®El El ® STAMP 13 5.0' 2 / 1 90' 14�% II I l I � � iii � i / I SCOPE OF WORK: PROVIDE, INSTALL AND/OR CONSTRUCT THE FOLLOWING PER THE SPECIFICATIONS GIVEN OR REFERENCED, THE 14 j / / DETAILS NOTED, AND/OR AS SHOWN ON THE CONSTRUCTION DRAWINGS: ® �I I %' �% I i' l ASPHALT PAVEMENT PER GEOTECHNICAL REPORT. ® 0 5 12 19 "' I i 4" THICK CONCRETE SIDEWALK PER ISPWC STANDARD PLAN SD -709. 20.0' I 2 ,b?:•: I ' #' ' ' l / ISSUE TYPE: DATE: 24" STANDARD COLLECTION CURB AND GUTTER. SEE DETAIL 5/C-500. 5.0'' 11 I I\I I I I FENCE. SEE ARCHITECTURAL PLANS FOR ADDITIONAL INFORMATION. Al 1 3 5 0 6 AI i I i I I S¢ �-� I 4" WIDE SOLID WHITE PAVEMENT MARKING PER M.U.T.C.D. STANDARD PLANS. "STOP" SIGN PER M.U.T.C.D. STANDARD PLANS. O7 PLAY AREA. SEE ARCHITECTURAL PLANS FOR DETAILS. El I II I I I 1 I I ISLAND CURB CUT. SEE DETAIL 7/C-500. I III I j I I I I I II// I I III I i i i i ®9 24" REVERSE PAN CURB AND GUTTER. SEE DETAIL 6/C-500. PROJECT NUMBER: 10967 III i i i i III 10 TRANSITION BETWEEN STANDARD CURB AND GUTTER AND REVERSE PAN CURB AND GUTTER. DRAWN BY: S.BATEMAN III I I i I I I I III CHECKED BY: R.FORD l II i I i l i i ,III 11 T CONCRETE WATERWAY. SEE DETAIL 8/C-500. GENERAL NOTES 12 TRAC. E.W. ON 6SURAC E GRAVEL ARCHITECTURAL PLANS WITH 6" THICK CONCRETE APRON WITH #4 REBAR @ 24" SITE PLAN 1. ALL WORK TO COMPLY WITH CHUBBUCK CITY STANDARDS AND SPECIFICATIONS. 13 PAINTED ADA SYMBOL AND ASSOCIATED HATCHING PER M.U.T.C.D STANDARD PLANS. 2. ALL IMPROVEMENTS MUST COMPLY WITH ADA STANDARDS AND RECOMMENDATIONS. 14 HANDICAP ACCESS RAMP WITH NO LANDING PER ISPWC STANDARD DETAIL SD -712G. 3. SEE LANDSCAPE/ARCHITECTURAL PLANS FOR CONCRETE MATERIAL, COLOR, FINISH, AND SCORE PATTERNS15 "HANDICAP PARKING" SIGN PER M.U.T.C.D STANDARD PLANS. THROUGHOUT SITE. 16 HANDICAP ACCESS RAMP PER ISPWC STANDARD DETAIL SD -712A WITH DETECTABLE WARNING SURFACE 4. ALL PAVEMENT MARKINGS SHALL CONFORM TO THE LATEST EDITION OF THE M.U.T.C.D. (MANUAL ON UNIFORM PER ISPWC STANDARD DETAIL SD -712. TRAFFIC CONTROL DEVICES). 17 6" TYPE P CURB PER DETAIL 9/C-500. 5. ALL SURFACE IMPROVEMENTS DISTURBED BY CONSTRUCTION SHALL BE RESTORED OR REPLACED, INCLUDING TREES AND DECORATIVE SHRUBS, SOD, FENCES, WALLS AND STRUCTURES, WHETHER OR NOT18 GRAVITY RETAINING WALL. SEE GRADING PLANS FOR DETAILS. THEY ARE SPECIFICALLY SHOWN ON THE CONTRACT DOCUMENTS. 19 6. NOTIFY ENGINEER OF ANY DISCREPANCIES IN DESIGN OR STAKING BEFORE PLACING CONCRETE OR ASPHALT. 12" WIDE SOLID WHITE STOP BAR PER M.U.T.C.D. STANDARD PLANS. 20 "NO PARKING -FIRE LANE" SIGN PER M.U.T.C.D. STANDARD PLANS. 7. THE CONTRACTOR IS TO PROTECT AND PRESERVE ALL EXISTING IMPROVEMENTS, UTILITIES, AND SIGNS, ETC. � - � 0 O UNLESS OTHERWISE NOTED ON THESE PLANS. 21 AMENITIES COURT. REFERENCE LANDSCAPE PLANS FOR DETAILS. 4 5 91 m I 0 1 Al AE901 C1 AE901 1�1 Front View EIE HR. --A® i Rear View 2 3 2 5 22 Chubbuck Associates CUP Exhibit 3b Building Elevations ARCHITECTURE • PLANNING • INTERIORS 720 S RIVER ROAD, SUITE D 2100-B ST. GEORGE, UT 84790 435.673.7862 • www.orssa-us.com 40 2766 S. Main Street Salt Lake City, Utah 84115 801.355.5656 bhb@bh bengi neers.com BHB STRUCTURAL UT 84341 1 B 435.752-5081 T V B FA LOGAN, VAN BOERUM BNASuite FR ANKASSS, INC. CONSULTING ENGINEERS C WWW. VBFA.COM CONSULTING www. bnaconsulti www.bnaconsuffing.com UT 84341 1 B 435.752-5081 T V B FA LOGAN, KN U DS E N APARTMENTS CHUBBUCK, IDAHO 83202 STAMP ISSUE TYPE: I DATE: PRELIMARY SET 2021 -XX -XX PROJECT NUMBER 21-065 DRAWN BY: Author CHECKED BY: Checker Perspective Views AE901 393 East Riverside Drive 202 BNASuite St. George, Utah 84770 P:435.628.3670 F:43uffin 3680 CONSULTING www. bnaconsulti www.bnaconsuffing.com SALT LAKE ST.GEORGE ©2011 BNA CONSULTING KN U DS E N APARTMENTS CHUBBUCK, IDAHO 83202 STAMP ISSUE TYPE: I DATE: PRELIMARY SET 2021 -XX -XX PROJECT NUMBER 21-065 DRAWN BY: Author CHECKED BY: Checker Perspective Views AE901 22 Chubbuck Associates CUP Exhibit 5: Current Zoning Map 22 ChubbuckAssociotes CUP Exhibit 6a: Comprehensive Plan Future Land Use Map 22 Chubbuck Associates CUP Exhibit 6b: Comprehensive Plan Policies Relevant to the Application COMPREHENSIVE PLAN CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The project 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 bordered by developed land on two sides and the acreage is surrounded by developed land,- it may be considered as infill. OBJECTIVE 4.1.3 Make investment in infill and redevelopment more attractive than sprawl POLICY a. Permit increased residential densities in areas where infill and redevelopment are targeted COMMENT The project can be considered infill as the project area is surrounded by developed land. Approval of the project could also permit increased residential densities in infill sites. GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low -intensity to higher intensity land uses POLICY a. Adhere to land use designations on the Comprehensive Plan Map COMMENT The map designates the area as Commercial, a category intended for C-1 and C-2 zoning. Apartments are conditionally permitted in both Commercial 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 To help mitigate issues, the site will not have access through the adjacent single-family neighborhood. It also includes deeper setbacks and landscaping than are required in code. POLICY f. Encourage residential infill in suitable locations COMMENT This is a residential project at a site that can be considered infill. POLICY g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT This project does consume some land designated as Commercial, but current market trends have reduced commercial demand in favor of residential uses. OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas POLICY a. Use design standards to encourage compatibility of mixed use development with surrounding areas COMMENT The CUP process with input from the Commission and revised site design will help mitigate differences of intensity between land uses. POLICY b. Locate mixed-use areas along Yellowstone Avenue and in new neighborhood centers COMMENT I Neighboring parcels have the ability to develop with this site as a new mixed use center. CHUBBUCK 1 0 R H 0 190 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 22 Chubbuck Associates CUP Exhibit 6b: Comprehensive Plan Policies Relevant to the Application 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 will be accessed by Knudsen Blvd. Per a traffic study found Knudsen and nearby intersections will not be used to their capacity. 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 is an infill site. The PRT bus route serving Chubbuck passes within '/2 mile of the project site in two locations. OBJECTIVE 5.1.5 Encourage bicycle and pedestrian systems that support transit and provide an alternative means to access commercial centers, neighborhood employment centers, and public services such as schools and parks POLICY a. Continue to implement standards for sidewalks to be constructed at the time of subdivision development COMMENT The project provides internal sidewalks, and sidewalks are already in place on Knudsen Blvd. OBJECTIVE 5.1.7 Provide a connected network of pedestrian -friendly streets and pathways POLICY f. Provide pedestrian and vehicular connections between adjoining developments for new commercial, industrial, and institutional development, where possible COMMENT There is no planned connection across the Redman Canal to the north. Sidewalks on Knudsen will connect the site to the larger pedestrian system. POLICY g. Provide sidewalks along both sides of all public streets COMMENT Sidewalks are in place on 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 on Knudsen will connect the site to the larger pedestrian system. Along Knudsen there is a landscaped swale between the sidewalk and curb. CHAPTER 6: COMMUNITY DESIGN GOAL 6.2 ENCOURAGE NEW DEVELOPMENT THAT IS COMPATIBLE WITH EXISTING BUILDINGS AND NEIGHBORHOODS, AND PROMOTE AND PRESERVE THE QUALITY OF RESIDENTIAL NEIGHBORHOODS OBJECTIVE 6.2.1 Use design guidelines, standards, and incentives to ensure that new infill and redevelopment are compatible with established development POLICY c. Encourage the development of well -landscaped parking lots and buffer strips on major corridors COMMENT A buffer strip exists along Knudsen Blvd. The site will be developed with landscaped islands in the parking areas. CHUBBUCK 1 0 R H 0 190 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 22 Chubbuck Associates CUP Exhibit 6b: Comprehensive Plan Policies Relevant to the Application 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 site does not fulfill this policy on its own. The surrounding properties offer a clean slate to developed as a complete walkable community. POLICY b. Assure that future developments results in the establishment of recognizable neighborhoods, communities, and districts COMMENT It is anticipated that the area along Knudsen Blvd will develop as a unique neighborhood. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT The site is within the USB. 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 The project is designed to retain storm water on-site, as is required of all development. 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 stubbed into the site. OBJECTIVE 7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many residents as possible *COMMENT The project will bring 192 new housing units into an area already served by water and sewer. GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC BUILDINGS AND UTILITY SYSTEMS OBJECTIVE 7.7.1 Manage the cost of providing public services to the community POLICY a. Encourage compact development in order to reduce the cost of providing public services COMMENT The project is designed at a high enough density that it creates a more efficient delivery of services. CHUBBUCK 1 0 R H 0 190 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 22 Chubbuck Associates CUP Exhibit 6b: Comprehensive Plan Policies Relevant to the Application 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 COMMENT The project is designed with recreation facilities on 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 b. Require the consideration of transit access in subdivision review COMMENT There are 2 bus stop locations within V2 mile of the site (one each on Hawthorne and Yellowstone). POLICY c. Require the inclusion of bicycle and pedestrian systems during subdivision review and development to support alternative modes of transportation COMMENT Internal sidewalks and crossings are provided. The site is connected to/served by Knudsen which has sidewalks and bicycle lanes on both sides of the roadway. 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 will add a new land use to the area, and there are 2 existing bus stop locations within �V2 mile of the site (one each on Hawthorne and on Yellowstone). 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 Until 2021 the site has been farmed, but it is an infill parcel. Development here is more desirable than consuming prime farmland beyond the city limits. 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 There are many 4-plexes in the city but not apartments; this project will provide more choices. 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 There is no question that this project is quite different than the adjacent single-family homes. To help mitigate issues the developer has designed the site to not have access through the adjacent single-family neighborhood. It also includes deeper setbacks and landscaping than were shown on the original site plan. OBJECTIVE 10.1.3 Encourage the development of affordable housing POLICY d. Encourage residential infill and redevelopment in target areas COMMENT The developer has indicated that all the units will be affordable (10% below market rate). /944c_\ CHUBBUCK 1 0 R H 0 190 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 22 Chubbuck Associates CUP Exhibit 6b: Comprehensive Plan Policies Relevant to the Application 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 fulfills this policy except for an adjacent park. The project will instead be built with a clubhouse, pool, and recreation area along Knudsen. CHAPTER 13: SCHOOL LOCATION AND TRANSPORTATION GOAL 13.1 DELIVER OUR CHILDREN SAFELY TO SCHOOL OBJECTIVE 13.1.2 Create opportunities for children to walk safely to school POLICY a. Establish a system of paths, sidewalks, bike lanes and routes that permit safe access to city schools COMMENT Sidewalks connect the site to Chubbuck Elementary. Bike lanes are in place on Knudsen Blvd. POLICY b. Consider pedestrian access to nearest school during site plan review COMMENT Sidewalks on both sides of Knudsen Blvd, Hawthorne Rd, and Chastain Dr connect the site to Chubbuck Elementary. POLICY c. Require sidewalks along both sides of public streets COMMENT Sidewalks exist on both sides of Knudsen Blvd. GOAL 13.2 SUPPORT THE MAINTENANCE AND ENHANCEMENT OF THE PUBLIC EDUCATIONAL SYSTEM OBJECTIVE 13.2.2 Create schools that are safe and accessible to students with a minimal need for school - operated busing, and that are compatible with and complementary to their neighborhoods POLICY c. Work with schools and neighborhoods to explore options for access to elementary and secondary schools via local streets and/or pathways COMMENT Existing streets and sidewalks provide direct connections to Chubbuck Elementary. *The Comprehensive Plan includes goals, objective, policies, and several strategies not related to specific policies. Some of the features of the project are relevant to objectives in the plan rather than associated polices. CHUBBUCK 1 0 R H 0 190 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CHUBBUCK I n A H o 22 Chubbuck Associates CUP Exhibit 7: Draft Minutes from LUDC Meeting March 8, 2022 (excerpt) City of Chubbuck Land Use and Development Commission Regular Meeting March 8, 2022 6:00 PM City Hall Council Chambers 290 East Linden, Chubbuck, ID 83202 MINUTES Board Members Present: Chair Jason Mendenhall, Brett Hiltbrand, Thais Ayre, Mike Schwartz, Brady Smith and Darell Stewart. Staff Members Present: Attorney Ryan Lewis, Planning Manager Don Matson, Planning and Development Director Devin Hillam, Development Services Manager Sean Harris, and City Clerk Joey Bowers. Mendenhall called the meeting to order at 6:00pm. Mendenhall asked if any commissioners had a conflict of interest with the items before the board. Smith recused himself from public hearing #2 and general business #1. Hiltbrand disclosed that he had driven by the location associated with public hearing #1. PLEDGE ALLEGIANCE TO THE FLAG APPROVAL OF THE MINUTES: March 1, 2022. Mendenhall entertained a motion to approve the minutes as emailed. Schwartz moved to accept the meeting minutes of March 1, 2022 as emailed; Smith seconded. The full commission approved. PUBLIC HEARING 1. An application for a Conditional Use Permit to construct apartments in the Agriculture (A) zone. The site is under conditional approval to be included in the Commercial General (C-2) zone and comprises approximately 8 acres of land. Subject property is generally located on the north side of Knudsen Blvd. and east of Hawthorne Rd. in Chubbuck, Idaho in the NW % of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial. The application will be reviewed against criteria in section 18.28.020.C.5 of City Code. Type of Action: Decision. Planning Manager Don Matson presented an application for a Conditional Use Permit (CUP) to construct apartments in the Agricultural (A) zone. The site is under conditional approval to be included in the Commercial General (C-2) zone and comprises approximately 8 acres of land. 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 for a conditional use permit, and recommended approval. 22 Chubbuck Associates CUP Exhibit 7: Draft Minutes from LUDC Meeting March 8, 2022 (excerpt) Jennifer Merrill CJM Development Group, represented the applicant. Mrs. Merrill presented six 4 -story buildings which will include 96 two-bedroom one bath tax credit units, and 96 three-bedroom two bath tax credit units for a total of 192 apartments. 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, will be professional managed with an onsite management team, and remain under single ownership. Smith asked about the proposed 54ft setback and if that included the raised Fort Hall Irrigation canal. Merrill stated that the 54ft included the canal and required easements for maintenance. Stewart asked if the applicant would be willing to modify these buildings to 2 -story buildings to help address the concerns with parking and the surrounding neighbors. Merrill stated that to make a two story development to be financially feasible the applicant would need significantly more space. Mendenhall asked if 192 apartments was the minimum amount that the developer would need to make this development financially feasible. Merrill stated that studies have shown the huge need for housing in Chubbuck and felt like the 192 units would help address some of those housing shortages. Matson stated that these building would be 45-50ft in height and went over some of the landscaping features the applicant had presented to assist with providing privacy for the surrounding neighbors. Stewart asked if the fire department had the necessary equipment to service a four story building. Matson stated that the fire department had reviewed this application during design review and didn't have any concerns with being able to provide services. Mendenhall declared the public hearing open for public comment. Tari Jensen at 4563 Burley Dr., was Neutral. Mrs. Jensen asked about parking and didn't feel like enough parking was being provided. Christopher Meinhard at 5053 Brookstone, was Neutral. Mr. Meinhard asked if the developer would be using local builders to work on this project. Ron Ramsey at 4699 Misti, was Opposed. Mr. Ramsey was concerned about privacy and the negative impact this development would have on his property value. Mr. Ramsey was also concerned about the increase in traffic. Smith asked Mr. Ramsey if he had any data showing that these types of developments had a negative impact on property values. Mr. Ramsey didn't have any data but felt like it was common sense that it would have a negative impact on property values and privacy. 22 Chubbuck Associates CUP Exhibit 7: Draft Minutes from LUDC Meeting March 8, 2022 (excerpt) David Foltz at 4691 Misti, was Opposed. Mr. Foltz was concerned about parking, privacy and property values. Mr. Ramsey was also concerned about fire protection and maintenance on the irrigation berm. Suzette Porter at 4716 Heidi Ct., was Opposed. Mrs. Porter felt like the city needed more single family housing and less multi -family housing. This development would not be harmonious to the surrounding neighborhoods. Mrs. Porter was also concerned about traffic, parking, privacy, property values, and the increase in drugs and crime. Glen Evans at 413 Idealya Ln, was Opposed. Mr. Evans went over some statistics that show a drop in property values within 1000 ft. of these types of developments, and the increase in crime. Mr. Evans was concerned about the impact this development would have on the school system, and property values. Thomas Drais at 421 Idealya Ln, was Opposed. Mr. Drais stated that he would lose his view and any sunlight that hits the back of his property with this development. Mr. Drais was also concerned that there was no elevator in these buildings. Boyd Byrd at 5036 Kevin Ave., was Opposed. Mr. Byrd was concerned about traffic and asked if this development was allowed under commercial (C-2) zoning, and if the height of these buildings was allowed in a (C-2) zoning next to a residential subdivision. Matthew Parkin at 4719 Kimmi Ct., was Opposed. Mr. Parkin felt like this did not meet city code and would not be harmonious to the surrounding neighborhoods. Mr. Parkin was also concerned about schools, traffic, parking, privacy, and property values. Jennifer Evans at 413 Idealya Ln, was Opposed. Mrs. Evans went over some statistics and the impact these type of developments have on crime, and property values. Mrs. Evans was concerned about schools, traffic, parking, privacy, and property values. Mrs. Evans was also concerned about the increase in foot traffic using the irrigation berm behind her property, and maintenance on the irrigation berm. This development would not be harmonious to the surrounding neighborhoods. Mrs. Evans submitted a petition in opposition of this development with 21 signatures. Jennifer Evans read a letter of opposition from Luann Hemenway at 4661 Hawthorne Rd. Mrs. Hemenway was concerned about fire protection, traffic, views, privacy, property values, and the increase in crime. Steve Landon at 4748 Kimmi Ct., was Opposed. Mr. Landon felt like this application did not meet the requirements within city code for a conditional use permit. Mr. Landon was also concerned about schools, traffic, parking, privacy, and property values. Due to no more public comment Mendenhall closed the public hearing. 22 Chubbuck Associates CUP Exhibit 7: Draft Minutes from LUDC Meeting March 8, 2022 (excerpt) Jennifer Merrill stated that city code allows for building heights of 70ft within a commercial zone. Mrs. Merrill stated that CJM had already received approval for the zoning and parking requirements for this development. This project is not subsidized/low income housing but falls under section 42 housing, which is a 10% decrease in market rates. CJM would be using local builders to develop this project. Colin McAuliffe also represented CJM Development Group stated that the maintenance for the irrigation berm would fall under the irrigation authority. Mr. McAuliffe also stated that elevators are not required by law for any development under 5 stories. Making this development two story buildings would require additional land to allow for more buildings and additional parking. Smith asked if they would be willing to provide landscaping to increase privacy on and along the irrigation berm if they could get permission from the irrigation authority. McAuliffe stated that they had not had those conversations with the authority but CJM would be willing to have that discussion. Smith also asked about fencing on the east and north side of this development. McAuliffe stated that there was no fencing currently planned with this development. Hiltbrand asked if the developer would be willing to at least drop the two buildings that are directly behind the residential neighborhood to a three story building. McAuliffe stated that losing those two floors could make it unfeasible to develop. Hiltbrand also asked if the developer had looked at moving this development south toward the freeway to allow for more distance from the residential subdivision. Merrill stated there are a lot more requirements which also include sound studies that a required when developing next to a freeway, it is very difficult to find investors and lenders for developments close to a freeway. Mendenhall asked how this development meets city code for a conditional use permit that requires the application to be harmonious to the surrounding neighborhoods. Merrill felt like this application was below the 70ft threshold and the other conditions within city code, and the design and color scheme of the buildings will be harmonious with the community. Hillam stated that commercial zoning does allow for some developments to reach a 70ft threshold. But this application falls under a condition use permit which falls under a different section of code and under the discretion of the Land Use Board. Smith asked if the developer had considered moving the two story club house to the back of the property along the residential neighborhoods and moving one of the 4 story buildings to the front of the development along Knudsen, to be less intrusive on the surrounding neighborhoods. Schwartz also asked about moving the parking lot to the 22 Chubbuck Associates CUP Exhibit 7. Draft Minutes from LUDC Meeting March 8, 2022 (excerpt) north to create an additional buffer. Merrill stated that they would be willing to have their engineers look at repositioning the buildings and the layout of the parking lot. Smith also asked city staff if a traffic study had been performed for this area. Matson stated that a traffic study had been performed when Knudsen Blvd. was developed. Hillam stated that the City Engineer looked at that study and felt like this development would fall under those impact thresholds, but any future developments would be required to do a traffic study in this area. Matson stated that the School District receives notification and are given an opportunity to express any concerns that might have a negative impact on the schools. The City had not received any concerns from the school district on any of the applications on the Boards agenda this evening. The Board was concerned about the height of the buildings and the negative impact these buildings would have on the surrounding neighborhoods. The Board asked the applicant if they would like them to table a decision until the applicant had an opportunity to look at a different layout. McAuliffe asked the Board to table a decision. Hillam suggested the Board also hold another public hearing when the applicant submits a news layout for this development. Smith asked the applicant if they would be willing to talk to the irrigation authority before the next meeting. McAuliffe committed to reach out to the irrigation authority about some possible landscaping and buffering options. Smith motioned to table a decision on a conditional use permit application to allow the applicant an opportunity to resubmit a design layout to include fencing along the north and east boundary line, landscaping options along the irrigation berm as authorized by the irrigation authority, and to hold another public hearing for this application. Schwartz seconded. With all commission members understanding the motion they voted. Roll Call Vote: Thais Ayre, Yes; Darell Stewart, Yes; Jason Mendenhall, Yes; Brett Hiltbrand, Yes; Brady Smith, Yes; Mike Schwartz, Yes; Motion carried. application for initial designation of property into the Limited Residential P (R -2P Use one) that is proposed to be annexed into the City of Chubb subject property comp:Lamar :St imately 12.87 acres of land and is I the northwest corner of Lea Ave and in Idaho.The ensive Plan Future Land Use map designates this aDensity Resi edium Density Residential. The application will be reviewesection 18.28.05. code. Type of Action: Recommendati