HomeMy WebLinkAboutPH #1 Conditional Use PermitCHUBBUCK
1 0 A H A
Community Services Department
Planning Services Division
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
APPLICATION FOR A CONDITIONAL USE PERMIT
FOR APARTMENTS IN THE GENERAL COMMERCIAL (C-2) ZONE
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
REGULAR MEETING ON FEBRUARY 14, 2023
SUMMARY
DESCRIPTION: An application for a Conditional Use Permit for apartments in the General Commercial (C-2)
zone on approximately 2.6 acres of land. Subject property is generally located at 120 W Siphon Road in
Chubbuck, 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 does not meet
the standards established by the City for the Conditional Use Permit (CUP) requested.
• The property is entirely zoned C-2; apartments are conditionally permitted in the (C-2) zone.
• The Comprehensive Plan Future Land Use Map designates this parcel for "Commercial" and
"Mixed Use" development; the majority of the property, ±80%, is designated as "Commercial".
The property is located on the intersection of two principal arterials, prime locations to create
commercial land uses to benefit the long-term needs of the city.
The Design Review Committee has reviewed the site plan against technical requirements of the
City as required by city code and requested revisions from the developer; the committee's
recommendations are reflected in the site plan included with this report. The Committee did
not approve the use and only reviewed technical requirements:
o The committee directly reviews and approves such details as parking, landscaping, access,
utility services, and sanitation.
In the design review committee meeting for the project, the Applicant was informed that
a CUP would be needed and because the comp plan prefers arterial intersections to be
commercially zoned and used, a CUP likely would be difficult to obtain.
The Land Use and Development Commission may approve other or more stringent
conditions on the proposal.
The applicant has met City Code requirements to be heard for a CUP.
Staff recommends denial of the proposed CUP and Findings of Fact and Conclusions of Law:
o Residential land uses at this location do not comply with the plan.
o Plan policy is to create a commercial corridor on Yellowstone and ensure an adequate
supply of commercial land.
o The Plan encourages residential infill in suitable locations; this site is at the intersection of
two principal arterials and not suitable for residential.
o An intersection of two principal arterials is prime location for commercial land uses to
benefit the long-term needs of the community.
o See full discussion of recommendations beginning on page 6.
• However, should the Commission wish to approve the application, staff recommends the
following conditions, at a minimum:
o To make the buildings (2 -stories) better conform with the existing developments, the
northernmost building shall be rotated 90° to reduce the number of windows focusing to
the north.
o Because the site is located on 2 principal arterials, one being a main entry from the
interstate into the community, and to enhance compatibility with the surrounding
neighborhood, applicant shall work with the Community Services Director to provide for a
variety of architectural projections, colors, shudders, vertical lines, and/or other features to
break up the monotony of the side and rear elevations, which meet with satisfaction of the
Director.
FACTS
BACKGROUND: Located at the northwest corner of Yellowstone Ave and Siphon Rd, most of the site, ±80%, is
designated as "Commercial" on the Comprehensive Plan Future Land Use Map. A smaller portion, ±20%, is
designated "Mixed Use". The site has been vacant and not farmed for approximately 45 years, since the
creation of the Paradise Acres Subdivision immediately to the north in 1975. In 2005 the parcel was
created in the Wyndhaven Subdivision, with the western part of the subdivision being developed as
apartments. In 2012 the City purchased the northeast corner of the site for a wastewater lift station.
Yellowstone Ave and an irrigation canal with right-of-way run along the eastern side of the property.
REFERENCE MAP:
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CHUBBUCK
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290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
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 AND OWNER:
Jesse Aldous
1800 W Floating Feather Rd
Eagle, ID 83616
LOCATION: The site address is 120 W Siphon Rd, located at the northwest corner of Yellowstone Ave and
Siphon Rd. The parcel is Lot 5, Block 1, in the Wyndhaven Subdivision.
COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION: "Commercial" and "Mixed Use".
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: General Commercial (C-2)
CURRENT LAND USE: Vacant, not used for
agriculture
EXISTING STRUCTURES: None
PROJECT SIZE: ±2.6 acres
VIEWS: From all directions
TOPOGRAPHY: Relatively flat, sloping to east
IRRIGATION FACILITIES: No surface irrigation
water rights
SURROUNDING LAND USES AND ZONING
RECENT TRAFFIC COUNTS ON YELLOWSTONE AVE:
North of Siphon — 2021, 11,627/day
South of Siphon — 2021, 10,492/day
RECENT TRAFFIC COUNTS ON SIPHON RD:
West of Yellowstone — 2020, 5,231/day
West of Yellowstone — 2021, 3,628/day
RECENT TRAFFIC COUNTS ON NEW DAY PKWY:
East of Yellowstone — 2020, 5,301/day
East of Yellowstone — 2021, 7,133/day
NORTH: Single family residential subdivision and City lift station; Single Family Residential (R-1) zone
EAST: RV retail across Yellowstone Ave; Industrial (1) zone
SOUTH: Three businesses and a four-plex; General Commercial (C-2) and Limited Residential (R-2) zones
WEST: Wyndhaven Subdivision apartments, 3 -stories; Single Family Residential (R-1) zone
SERVICES:
ACCESS STREET: Access from Siphon Rd only
EMERGENCY SERVICES: City of Chubbuck
CULINARY WATER SERVICES: City of Chubbuck
SEWAGE DISPOSAL: City of Chubbuck
PRESSURIZED IRRIGATION: No surface water rights
PROCESS
APPLICABLE LAWS AND PLANS:
Idaho Statutes §67-6512: Special Use Permits, Conditions, and Procedures
Chubbuck Comprehensive Plan (as amended)
Chubbuck City Code Title 18: Land Use, particularly:
a. Chapter 18.08: Land Use Districts and General Controls
b. Chapter 18.16: Design Overlay District and Criteria
c. Chapter 18.28.020: Conditional Use Permits (CUP) Procedures
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
PROCEDURES:
1. In accordance with City Code 18.28.020 and the current fee resolution, 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, the application is scheduled to be heard at a Regular
Meeting of the Land Use and Development Commission at a public hearing.
3. In accordance with City Code 18.28.010 and Idaho Statutes §67-6509 and §67-6512, notice of
the public hearing was provided at least 15 days prior to the public hearing:
a. Publication in the Idaho State Journal;
b. Notice posted on the premises;
c. Mailing to owners of property within a 300 ft. radius of the site;
d. Notice sent to utilities and political subdivisions providing services within the City; and
e. Notices posted prominently at the City office and on webpage.
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: At the request of the Bureau of Indian Affairs, the site
was redesigned to accommodate the right-of-way for the Fort Hall Irrigation canal on the east side
of the property. No comments were received from any other political subdivisions or agencies.
GENERAL REQUIREMENTS AND PROCEDURES
The following code regarding CUPs should be used in evaluating and weighing the application:
18.28.020.C5. Standards for Approving a CUP: A CUP may only be approved if the Commission
makes affirmative findings of fact on each of the following standards. These are addressed by the
applicant in the Project Narrative, attached:
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.
6. 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.
CHUBBUCK
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290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
78.28.020.C6. Conditions for Approval: To make affirmative findings relating to the standards
established in section 18.28.020.C.5, the Commission may condition approval of the permit on
compliance, including but not limited to, the following:
1. Conformity to approved plans and specifications.
The entire parcel is in the General Commercial (C-2) zone. The Comprehensive Plan Future
Land Use Map designates approximately 80% of the site as "Commercial'; which allows for both
commercial zones (C-7 and C-2). The remainder is the site, ±20916, is designated for "Mixed Use
allowing residential uses and Limited Commercial zoning (C-7). Changes in the zoning would
need to comply with the Future Land Use map, which is "Commercial".
The application draws connections to several portions of the Comprehensive Plan about
residential space but also commercial space. Chapter 4 Land Use, Goal 5 Encourage Compatible
Uses, Policy 7.f encourages residential infill in suitable location and Policy 7.g to ensure on
adequate supply of commercial land.
However, the Comprehensive Plan also points to Yellowstone as a commercial corridor in
Chapter 4 Land Use, Goal 3 Provide Convenient Commercial Service Locations Objective 2,
general commercial zoning should be at the intersections of principle arterials or on Yellowstone
Ave. There are policies encouraging more housing and at greater densities, but also to
encourage commercial infill development. Chapter Land Use, Goal 5 Encourage Compatible
Land Uses, Policy f calls for encouraging residential infill in suitable locations, staff strongly
believes that locating a new residential project at the intersection of 2 principal arterials which
is zoned C-2 and significantly established in the Future Land Use Map as "Commercial", would
be a negative long-term policy for the City's growth and development.
Policy 4.5.7.g, referred to above, is to ensure an adequate supply of commercial land. The city
has recently approved several residential developments in the General Commercial zone and
"Commercial" areas of the Future Land Use Map, none of which have been on the intersection of
2 principal arterials. These have consumed some of the available commercial acreage in the
city. Land at this and other such intersections is much more appropriate for commercial
development in the long-term.
There is no shortage of areas within the city that aren't located at the intersection of two
principal arterials whereupon residential infill projects could occur. The City recently amended
its Planned Unit Development chapter of city code to promote and encourage well-designed,
compatible planned unit developments and PUDs can be created with heightened densities for
infill in every residential zone. PUDs are encouraged in Chapter 4 Land Use, Goal 5 Encourage
Compatible Uses, Policy 7.c Make use of planned unit developments (PUD) to accommodate
development on tracts with difficult shape or location.
2. Provision of open spaces, pathways, buffer strips, walls, fences, landscaping, and lighting.
The site design includes internal sidewalks with a connection to Siphon Rd, and lighting and
landscaping plans meet standards in code. One of the stormwater retention areas is a pond
between the northernmost building and single-family homes. Currently there is not be enough
room in the design to include a landscaping screen between the two, if desired. A vinyl fence is
included on the site plan.
3. Minimizing adverse impact on other development.
Existing neighboring commercial and industrial developments would be minimally impacted.
Windhaven Apartments would be impacted due to the shared driveway, but this would occur for
any development sharing the driveway.
CHUBBUCK
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290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
To the north is the Paradise Acres subdivision, with one-story houses along Abraham St.
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 building plans, as reviewed by the Design Review Committee,
includes:
a. The proposal is for two-story buildings with four to sixteen units each. (The elevations
provided in the application show three-story buildings.) The smallest building, with four
units, is the northernmost and will be located ±25' from the property line. Setbacks in the
C-2 zone are not required from rear and side property lines and buildings may be up to
70' high.
b. Homes along Abraham St are all one-story, and when taller buildings are built next to
existing homes there is often a concern for privacy. The northern building as situated
would have two bedroom windows per unit at the rear facing north, eight total windows.
The east and west sides of the building would have only one bedroom window per unit,
two total windows (one unit per floor), and a balcony for each unit is also visible. If the
building were rotated 90° fewer bedroom windows would look out on the neighboring
single -story homes.
c. The layout and size of the pond would not allow a landscaped screen between the
northern building and homes on Abraham St but a fence is included in the site plan.
d. At the request of the Bureau of Indian Affairs, the site was redesigned to accommodate
the right-of-way for the canal on the east side of the property.
4. Controlling the sequence and timing of development.
There is no concern with the sequence and timing. The applicant intends to reduce impacts to
services during development. The street will be widened, but water and sewer connections are
already provided on site
5. Assuring that development is maintained properly.
The development is planned to remain under single ownership, which is more likely the
buildings and grounds will be maintained than with multiple owners. As always there is some
concern with maintenance in stormwater ponds and along canal banks.
6. Designating the provision of on-site or off-site public facilities or services.
There are no outstanding issues beyond those which will be addressed through the platting
process.
7. Requiring more restrictive standards than those generally required by the Code.
The project design complies with general requirements and standards in City code, unless the
Commission wish to approve with conditions to mitigate any of the impacts on surrounding
development.
8. Requiring the mitigation of effects of the proposed development upon service delivery to the
property by any political subdivision, including school districts.
At the request of the Bureau of Indian Affairs, the site was redesigned to accommodate the
right-of-way for the canal on the east side of the property. No comments have been received
from utilities, the school district, or other political subdivisions.
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
STAFF RECOMMENDATION
Based on the Standards for Approving a CUP, and Conditions for Approval above, staff recommends
denial of the Findings of Fact and Conclusions of Law, with the proposed use, site plan, and other
details of the project as presented. Staff observations:
The Comprehensive Plan designates this site and other lands at the Yellowstone and
Siphon/New Day intersection for commercial development; residential development does not
comply with the plan. The Comprehensive Plan also points to Yellowstone as a commercial
corridor, and the plan includes policy to ensure an adequate supply of commercial land.
On the Future Land Use Map three corners of the Siphon/New Day and Yellowstone
intersection are designated for "Commercial" land uses, and one for "Employment". C-1 and C-2
zones are allowed in the "Commercial" designated areas, C-2 and I zones in the "Employment"
areas. The zoning in the area reflects the Future Land Use Map. The entire parcel is in the C-2
zone.
The Comprehensive Plan Future Land Use Map designates approximately 80% of the site as
"Commercial", which allows for both commercial zones (C-1 and C-2). The remainder is the site,
±20%, is designated for "Mixed Use", allowing residential uses and C-1 zoning.
There are policies in the Comprehensive Plan encouraging more housing and at greater
densities, but also to encourage commercial infill development. Chapter 4 Land Use, Goal 5
Encourage Compatible Land Uses, Policy f calls for encouraging residential infill in suitable
locations; staff strongly believes that locating a new residential project at the intersection of two
principal arterials which is zoned C-2 and significantly established in the Future Land Use Map
as "Commercial", would be a negative long-term path for the City's growth and development.
Because the Comprehensive Plan for intersections of arterials being preferred locations for C-2
zoning and uses, the Design Review Committee counseled with the applicant that a CUP may
be difficult to obtain and the burden of proof of demonstrating how the project will meet CUP
approval criteria is the applicant's.
Plan policy is to ensure an adequate supply of commercial land. The city has recently approved
several residential developments in the C-2 zone, and in "Commercial" areas of the Future Land
Use Map. This has consumed some of the available commercial acreage in the city, but not at a
major intersection such as this. Land at this and other such intersections is much more
appropriate for commercial development in the long-term.
There is no shortage of areas within the city that aren't located at the intersection of 2 principal
arterials whereupon residential infill projects could occur. The City recently amended its Planned
Unit Development chapter of city code to promote and encourage well-designed, compatible
planned unit developments and PUDs can be created with heightened densities for infill in
every residential zone.
In summary:
• Residential land uses at this location do not comply with the plan.
• Plan policy is to create a commercial corridor on Yellowstone and ensure and adequate supply
of commercial land.
• The Plan encourages residential infill in suitable locations; this site is at the intersection of two
principal arterials and not suitable for residential.
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www.CityofChubbuck.us
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Should the Commission wish to approve the application a condition is proposed per the discussion
below.
The northernmost building as situated would have two bedroom windows per unit at the rear facing
north, eight total windows. The east and west sides of the building would have only one bedroom
window per unit, two total windows (one unit per floor). If the building were rotated 90° fewer
bedroom windows would look out on the neighboring single -story homes. There would also be a
sideview from the balcony or porch for each unit.
Recommended conditions:
To make the buildings (2 -stories) better conform with the existing developments, the
northernmost building shall be rotated 90° to reduce the number of windows focusing to the
north.
Because the site is located on 2 principal arterials, one being a main entry from the interstate
into the community, and to enhance compatibility with the surrounding neighborhood,
applicant shall work with the Community Services Director to provide for a variety of
architectural projections, colors, shudders, vertical lines, and/or other features to break up the
monotony of the side and rear elevations, which meet with satisfaction of the Director.
EXHIBITS
1. Findings of Fact and Conclusions of Law
2. Application Materials
3. Current Zoning Map
4. Comprehensive Plan Future Land Use Map
5. Comprehensive Plan Policies Relevant to the Application
6. Minutes of Design Review Committee Meeting August 23, 2022
7. Correspondence from Bureau of Indian Affairs
• Additional materials are on file with staff and available upon request
REPORT: Don Matson, MSP I AICP Staff comments in this report are based
Planning Manager solely upon evidence available at the time
dmatson@cityofchubbuck.us 1 (208) 239-3252 of the report. Additional information may be
DATE: February 14, 2023 brought to light at or before the hearing.
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
Pauline Flats CUP
;Exhibit 1: FFCL
---------------CHUBBUCK
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10 A H 0
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
A CONDITIONAL USE PERMIT FOR APARTMENTS
IN A GENERAL COMMERCIAL (C-2) ZONE
FACTS
REQUEST: Request is for a Conditional Use Permit for a Conditional Use Permit for apartments in the General
Commercial (C-2) zone on approximately 2.6 acres of land. Subject property is generally located at 120 W
Siphon Road in Chubbuck, Idaho.
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 AND OWNER:
Jesse Aldous
1800 W Floating Feather Rd
Eagle, ID 83616
LOCATION: The site address is 120 W Siphon Rd, located at the northwest corner of Yellowstone Ave and
Siphon Rd. The parcel is Lot 5, Block 1, in the Wyndhaven Subdivision.
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: General Commercial (C-2)
CURRENT LAND USE: Vacant, not used for
agriculture
EXISTING STRUCTURES: None
PROJECT SIZE: +2.6 acres
VIEWS: From all directions
TOPOGRAPHY: Relatively flat, sloping to east
IRRIGATION FACILITIES: No surface irrigation water
rights
SURROUNDING LAND USES AND ZONING
RECENT TRAFFIC COUNTS ON
YELLOWSTONE AVE:
North of Siphon — 2021, 11,627/day
South of Siphon — 2021, 10,492/day
RECENT TRAFFIC COUNTS ON SIPHON RD:
West of Yellowstone — 2020, 5,231 /day
West of Yellowstone — 2021, 3,628/day
RECENT TRAFFIC COUNTS ON NEW DAY
PKWY:
East of Yellowstone — 2020, 5,301/day
East of Yellowstone — 2021, 7,133/day
NORTH: Single family residential subdivision and City lift station; Single Family Residential (R-1) zone
EAST: RV retail across Yellowstone Ave; Industrial (1) zone
SOUTH: Three businesses and a four-plex; General Commercial (C-2) and Limited Residential (R-2) zones
WEST: Wyndhaven Subdivision apartments, 3 -stories; Single Family Residential (R-1) zone
------------
:Pauline- Flats CUP
;Exhibit 1: FFCL CUP Denial Form- FFCL
----------------
SERVICES:
ACCESS STREET: Access from Siphon Rd only
EMERGENCY SERVICES: City of Chubbuck
CULINARY WATER SERVICES: City of Chubbuck
SEWAGE DISPOSAL: City of Chubbuck
PRESSURIZED IRRIGATION: No surface water rights
APPLICABLE LAWS AND PLANS:
1. Idaho Statutes §67-6512: Special Use Permits, Conditions, and Procedures
2. Chubbuck Comprehensive Plan (as amended)
3. Chubbuck City Code Title 18: Land Use, particularly
a. Chapter 18.08: Land Use Districts and General Controls
b. Chapter 18.16: Design Review Criteria
c. Chapter 18.28.020: Conditional Use Permits (CUP) Procedures
PROCEDURES:
1. A design review clearance was obtained on August 23, 2022 in accordance with Chapter 18.16:
Design Review Criteria of City Code.
2. In accordance with City Code 18.28.020 and the current fee resolution, a complete petition and
fees for a Conditional Use Permit were filed with the City at least 28 days prior to the public
hearing and which contained the appropriate documents.
3. In accordance with City Code 18.28.010 and Idaho Statutes §67-6509 and §67-6512, notice of the
public hearing was provided at least 15 days prior to the public hearing as follows:
a. Publication in the Idaho State Journal;
b. Notice posted on the premises;
c. Mailing to owners of property within a 300 ft. radius of the site; and
d. Notice sent to utilities and political subdivisions providing services within the City; and
e. Notices posted prominently at the City office and on webpage;
4. A public hearing was 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: 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.
FINnIN[;t
Having reviewed the record, including the application materials, staff report, testimony provided at the
hearing and meeting, and the criteria for approval of a Conditional Use Permit 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
Pauline Flats CUP
;Exhibit 1: FFCL
CUP Denial Form- FFCL
1. The proposed use is conditionally permitted in the subject zoning district and complies with the
applicable provisions of city code unless modified through the conditional use permit process.
The proposed residential use is generally in conflict with the goals, objectives, and policies of
the adopted Comprehensive Plan.
This quadrant of the Siphon/New and Yellowstone intersection is designated for "Commercial"
development on the Future Land Use map as are two others, and the fourth is designated
"Employment". C-1 and C-2 zones are allowed in the "Commercial" designated areas, C-2 and I
zones in the "Employment" areas. The zoning in the area reflects the Future Land Use Map. The
parcel is entirely in the General Commercial (C-2) zone.
Goals, Objectives, and Policies of the Plan encourage residential infill at appropriate locations,
but also to ensure an adequate supply of commercial land (Chapter 4, Goal 5, Objective 1,
Policies f and g). The plan also points to Yellowstone as a commercial corridor and general
commercial zoning should be at the intersections of principle arterials or on Yellowstone Ave
(Chapter 4, Goal 3, Objective 2 and Policy a). Land at the intersection is more suitable for
commercial uses.
An intersection of two principal arterials is prime location for commercial land uses to benefit
the long-term needs of the community. Comprehensive Plan References:
a. Future Land Use Designations Map, as amended
b. Chapter 4 Land Use, Comprehensive Plan Map — Plan Designation, Table 4-3: Plan District -
Zone Conversion
Chapter 4 Land Use, Goal 3, Provide convenient commercial locations and limit their
impacts on transportation systems residences, and visual integrity, Objective 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 and 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.
Chapter 4 Land Use, Goal 5 Encourage Compatible Land Uses, Objective 1 Encourage a
transition of land from low -intensity land uses to higher intensity land uses, Policy a)
Adhere to land use designations on the Comprehensive Plan Map
Plan policy is to create a commercial corridor on Yellowstone and to ensure an adequate supply of
commercial land, to ensure its visual appeal, and to limit negative impacts. Commercial development
at this corner is appropriate. Comprehensive Plan references:
a. Chapter 4 Land Use, Goal 3, Provide convenient commercial locations and limit their impacts on
transportation systems residences, and visual integrity, Objective 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 and 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
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
Pauline Flats CUP
;Exhibit 1: FFCL
CUP Denial Form- FFCL
b. Chapter 4 Land Use, Goal 5 Encourage Compatible Land Uses, Objective 1 Encourage a transition
from low -intensity to higher intensity land uses, Policy g) Ensure an adequate supply of
commercial land sensitive to market trends
4. The Plan encourages residential infill in suitable locations; this site is at the intersection of two
principal arterials and not suitable for residential development. It also states that large
apartment complexes such as this should be adjacent to neighborhood parks or developed in
conjunction with general commercial complexes (Chapter 10, Goal 3, Objective 2, Policy c). The
project is within 1/4 mile of Bicentennial Park but not near any general commercial center.
Comprehensive Plan references:
a. Chapter 4 Land Use, Goal 5 Encourage Compatible Land Uses, Objective 1 Encourage a
transition from low -intensity to higher intensity land uses, Policy f) Encourage residential infill at
appropriate locations
b. Chapter 4 Land Use, Goal 3, Provide convenient commercial locations and limit their impacts on
transportation systems residences, and visual integrity, Objective 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 and 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
Chapter 4 Land Use, Goal 5 Encourage Compatible Land Uses, Objective 1 Encourage a transition
from low -intensity to higher intensity land uses, Policy f) Encourage residential infill in suitable
locations.
Chapter 10 Housing, Goal 3 Encourage more dense residential development patterns within the
City, Objective 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..
5. The proposed use is not compatible with other existing and permitted uses in the general
vicinity.
Although there is a multi -family development immediately west of the site, two of the other
quadrants at the intersection have developed as commercial properties and the vacant corner is
also in the C-2 zone. The intersection of two principal arterials and adherence to the City zoning
map and the Comprehensive Plan Future Land Use Map are dominant factors in determining
that the site should be developed commercially.
a. Chapter 4 Land Use, Goal 3 Provide convenient commercial service locations and limit their
adverse impacts on transportation systems, residences, and visual integrity, Objective 1
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
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
--------------
Pauline Flats CUP
;Exhibit 1: FFCL
CUP Denial Form- FFCL
b. Chapter 4 Land Use, Goal 5 Encourage compatible land uses, Objective 1 Encourage a
transition of land use from low -intensity land uses (i.e., residential, quasi -public park) to
higher intensity land uses (i.e., commercial and industrial). Purposefully arranged land use
transitions avoid conflicting uses while keeping distances between uses short enough to
facilitate communications, transportation, and human activity between them, Policy f)
Encourage residential infill in suitable locations
6. The proposed use is not harmonious in scale, mass, coverage, density, and intensity with all
adjacent permitted land uses.
The adjacent permitted land uses at the intersection are commercial in nature and have
different scale, mass and activity as this proposal. The basic layout and design of the buildings,
windows and architectural features, e.g., make it inharmonious as well. The proposal is similar to
the development to the west, but the location at the intersection of two principal arterials with
commercial and industrial zoning should be developed commercially.
a. Chapter 6 Community Design, Goal 2 Encourage new development that is compatible with
existing buildings and neighborhoods, and promote and preserve the quality of residential
neighborhoods, Objective 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
b. Chapter 6 Community Design, Goal 2 Encourage new development that is compatible with
existing buildings and neighborhoods, and promote and preserve the quality of residential
neighborhoods, Objective 2 Encourage infill and redevelopment to be pedestrian -oriented,
STRATEGY: Use infill, redevelopment, and housing compatibility design standards
c. Chapter 6 Community Design, Goal 3 In new neighborhoods, provide a better mix of
residential and commercial land uses and a more walkable community, Objective 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: i. Connect streets with other streets to
provide a network. ii. Use distinct edges or boundaries to define the neighborhood. Iii.
Include sidewalks that are safe, convenient, and interesting. iv. Incorporate parks and
institutions into neighborhoods. v. Provide a mix of housing choices and types. vi. Design
neighborhoods to accommodate bus transit. vii. Require buildings, whether residential,
commercial, industrial, or institutional, to be compatible in terms of scale and design
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.
The proposed use, if it complies with all conditions imposed, WILL adversely affect other
properties or the environment in the vicinity to a materially greater extent than would uses
permitted outright by this Code.
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
Pauline Flats CUP
;Exhibit 1: FFCL
L --------------
CUP Denial Form- FFCL
Multi -family development at this intersection of two principal arterials would be detrimental to
the long-term economic development of the corridor and the City. Commercial development is
a more viable long-term land use.
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 DENIED.
2. 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.
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. 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
Jason C. Mendenhall, Chair
ATTEST:
Joey Bowers, Clerk
20
290 E Linden Avenue, Chubbuck, ID 83202
1940�t_\ 208.237.2430 — Fax 208.237.2409
CHUBBUCK www.CityofChubbuck.us
1 0 R H 0
DocuSign Envelope ID: 61 DE34EB-8BO9-4C70-A225-OBDEC7A61 ECB
1- - - - - - - - - - - - - - - - - - -
:Pauline Flats CUP
;Exhibit 2: Application
CHUBBUCK
290 E Linden Avenue
Chubbuck,ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
CONDITIONAL USE PERMIT
(CUP) APPLICATION
Aug. 2021 Form
PAGE 1 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 2nd 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 PAID? Y N AMOUNT:
SECTION A —APPLICANT INFORMATION
Al.
Name
Jesse Aldous
A2.
Mailing Address 1800 West Floating Feather Road
city Eagle State Idaho Zip Code 83616
A3.
Phone Number (including area code)
208-339-7725
A4. Email Address
AS.
Is Applicant the Owner of Record?
❑✓ Yes F-l 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)
B1.
Name
B2.
Mailing Address
City State Zip Code
B3.
Phone Number (including area code)
B4. Email Address
SECTION C - SITE INFORMATION
Cl.
Site Address (or Location if no Address) City Zip
Siphon Road Chubbuck 83202
C2. Subdivision Name, Lot, Block, Div. No. (or Parcel No.)
RPRCWHS000501
SECTION D — PLANNING INFORMATION
D1.
Project Name
Pauline Flats
D2. Project Size in Acres
+/-2.6 acres
D3.
Current Land Use(s) and Structures:
Undeveloped
------ --------
:Pauline - Flats CUP---
;Exhibit 2_ Application_
L
CHUBBUCK
1 0 A H d
290 E Linden Avenue
Chubbuck,ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
CONDITIONAL USE PERMIT
(CUP) APPLICATION
Aug. 2021 Form
PAGE 2 OF 4
D5. Project request and detailed summary (attach additional sheet if necessary):
SECTION E —SUBMITTAL REQUIREMENTS AND ATTACHMENTS
E1. Application Fees: $ 585.00 CUP Fee
+ $ 78 00 Notice Fee ($1.50 x 52 required noticed — get # from staff)
= $ 663 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
E8. 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?
See attached narrative.
I- - - - - - - - - - - - - - - - - -,
Pauline Flats CUP
;Exhibit 2_ Application
CHUBBUCK
1 0 A H d
290 E Linden Avenue
Chubbuck,ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
CONDITIONAL USE PERMIT
(CUP) APPLICATION
Aug. 2021 Form
PAGE 3 OF 4
2. How is the proposed use in conformance with the goals, objectives, and policies of the adopted
Comprehensive Plan?
See attached narrative.
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?
See attached narrative.
4. How is the proposed use harmonious in scale, mass, coverage, density, and intensity with all adjacent
permitted land uses?
See attached narrative.
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?
See attached narrative.
DocuSign Envelope ID: 61 DE34EB-813094C70-A225-013DEC7A61 ECB
------ --------
:Pauline-Flats CUP---
;Exhibit 2_ Application
CHUBBUCK
1 0 A H d
290 E Linden Avenue
Chubbuck,ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
CONDITIONAL USE PERMIT
(CUP) APPLICATION
Aug. 2021 Form
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?
See attached narrative.
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.
• 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.
• 1 hereby authorize the filing of this application and grant approval of on-site review of the development
described herein.
• 1 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.
F1. Si VocuSignedby F2. Printed Name F3. Date
�rrSSc QC�uS 3esse Aldous 11/22/2022
GFaaaaoavn Gnnrn
G1. COMPLETENESS REVIEW:
Reviewed by:
Date:
G2. SCHEDULED FOR LUDC:
AM STOP: SECTION G -FOR STAFF USE ONLY
Deemed complete?
❑Yes ❑ No If no, list concern(s):
Applicant Notified?
❑Yes ❑No Comments:
Scheduled Meeting Date: Applicant Contacted?
F]Yes ❑No
(_KNUDSEN
January 16, 2023
City of Chubbuck — Development Services Division
290 East Linden Avenue
Chubbuck, Idaho 83202
SUBJECT: Pauline Flats — Conditional Use Permit
PURPOSE
609 West Maple Street
Pocatello, Idaho 83201
knudsen-eng.com
-----------------
Pauline Flats CUP
;Exhibit 2_ Application
The intent of this narrative is to provide a description of the Pauline Flats development and to facilitate its
approval. The Conditional Use Permit Application was designed to meet all the applicable City of
Chubbuck standards and requirements.
PROPERTY BACKGROUND
The subject property is a 2.55 -acre parcel of undeveloped land located directly northwest of the Siphon
Road and Yellowstone Avenue Intersection. The project is neighbored to the west by the Wyndhaven
Subdivision (multi -family development), the north by the Paradise Acers Subdivision (single-family
development). The City of Chubbuck also has constructed a sewer lift station in the northeastern portion
of the property. To the east, across Yellowstone Avenue, an RV and boat dealership operates and to the
south, across Siphon Road, there are a series of commercial operations.
The subject property is zoned General Commercial (C-2) and the City of Chubbuck Comprehensive Plan
identifies its Future Land Use as Commercial. The subject property is neighbored to the west and north
by Single -Family Residential (R-1), to the east by Industrial (I), to the south by General Commercial (C-
2), and to the southwest by Limited Residential (R-2) zones.
The ground surface is relatively flat, sloping from west to east and falls approximately 4 feet across the
property. A Fort Hall Irrigation Canal runs along the eastern portion of the property within a 80' wide
Right -of -Way, centered on the existing canal.
Culinary water will be provided by the City of Chubbuck, an 8" water line is stubbed into the
southeastern portion of the property by the adjacent Wyndhaven Subdivision.
Sanitary sewer will also be provided by the City of Chubbuck, an existing gravity sewer main runs along
the north property line within a 20' wide utility easement. There are two additional sewer mains, one
gravity and one pressurized, that run within the 50' wide utility easement along the properties east
boundary originating or terminating at the sewer lift station to the northeast.
Joint trench utilities (power, gas, fiber, ect.) are available both above and below ground along Siphon
Road.
PROPOSAL INFORMATION
Our proposal is to construct 48 new multi -family dwellings, comprised of five separate structures, on the
property which will be singularly owned and rented out. The goal of this development is to meet the
City of Chubbuck — Development Services Division
Pauline Flats — Conditional Use Permit Narrative
January 16, 2023
Page 2
1 - - - - - - - - - - - - - - - - - -,
Pauline Flats CUP
;Exhibit 2_ Application
'%MM_
current market demands and provide quality affordable residences to the community. This project would
share the existing access onto Siphon Road, which was built and utilized by the Wyndhaven Subdivision,
a high-density residential development, directly to the west.
The interior of the subdivision will be serviced by a network of private drives and parking stalls. The
two-way drive aisles will be 24' wide with the one-way drive being 12' wide. All proposed parking stalls
will be 10'x18' in size. Our proposal shows that we will be reconfiguring the existing access to provide
improved traffic flow between the existing and proposed developments and Siphon Road. With Siphon
Road being classified as an arterial road a Right -of -Way of 120 feet is required. In our earlier discussions
with City Staff, they stated that they would support a deviation request to reduce the Siphon Right -of -
Way to 100 feet total. Currently there is 24 feet of right-of-way on the north side of Siphon Road. Our
proposal shows that we are providing an additional 26 feet of right-of-way for a total of 50 feet from the
centerline. Access onto Yellowstone Avenue will be restricted primarily due to its proximity to the
intersection with Siphon Road.
The development has easy access to existing water, sewer, and joint trench utilities. Water will be
provided by the existing water stub into the property. Fire hydrants will be extended through the parking
areas to provide fire suppression, and the development will be serviced by a master meter. Sewer will
connect into the existing sewer main that runs along the north boundary of the property and a new main
will be extended south through the western drive aisle. Storm water runoff produced by the development
will be graded to the eastern portion of the parking lot and into a retention area. If the proposed retention
area is not able to contain the full runoff volume a subsurface retention area will be added beneath the
eastern parking areas. Trash generated by the development will be collected in the two dumpster areas
shown on the plat and will be picked up by the City.
As stated earlier Fort Hall Irrigation has a canal located along the east portion of the property, which lies
within an 80' Right -of -Way. Our proposal shows us installing a 78" canal culvert along a portion of our
property which would allow us to encroach within a portion of said Right -of -Way with some of our
parking and a shallow retention pond/swale.
CONDITIONAL USE APPLICATION EXPLANATIONS & JUSTIFICATIONS
Listed below are the questions asked in section E8 of the Conditional Use Permit Application. Each
question is answered as if it were the only question so some information or points may be repeated when
read altogether.
1. How will the proposed use comply with all applicable provisions of city code, unless
modified through the CUP process?
While the subject property is currently zoned as C-2, Commercial General, and the proposed use is multi-
family residential, which is not allowed outright, it is conditionally permitted. Our proposal will comply
with all applicable building codes, including fire safety codes, accessibility codes, and energy codes as
required by the City of Chubbuck.
The proposal will comply with the city's provisions for landscaping and open space, providing adequate
space for both the residents and visitors of the development, and ensuring that the development is visually
City of Chubbuck — Development Services Division
Pauline Flats — Conditional Use Permit Narrative
January 16, 2023
Page 3
i - - - - - - - - - - - - - - - - - -
,
,Pauline Flats CUP
'Exhibit 2_ Application
V
attractive and in keeping with the surrounding area. The proposal also addresses transportation by
providing adequate parking for the residents and visitors of the development and ensuring that the
development does not place an undue burden on transportation infrastructure in the area. We will ensure
the development is adequately served by water, sewer, and joint trench utilities. The development is in a
long undeveloped portion of the city's interior and can easily be served by the existing road, school,
police and fire services.
Lastly, our proposal will ensure that the development is designed and constructed in a way that minimizes
adverse impacts on the environment and surrounding properties.
2. How is the proposed use in conformance with the goals, objectives, and policies of the
adopted Comprehensive Plan?
Our proposal is principally in conformance with the goals, objectives and policies of the adopted
Comprehensive Plan. Some significant points are listed below:
Directing Urban Growth: The project is an infill development, meaning it is located within the city limits
and the Urban Service Boundary (USB), and it is not contributing to urban sprawl. This aligns with Goal
1 of the Comprehensive Plan, which aims to direct urban growth to urban infill areas.
Improving Residential Neighborhoods: The proposed development will contribute to the improvement of
the appearance of residential areas, as well as balance the provision of access to residential areas with the
maintenance of privacy. This aligns with Goal 2 of the Comprehensive Plan, which aims to improve
residential neighborhoods and ensure their orderly and financially sound development.
Protecting Prime Agricultural Land: The project is not located in prime agricultural land, and it will not
negatively impact the surrounding agricultural lands. This aligns with Objective 1.1 of the
Comprehensive Plan, which aims to strongly protect prime agricultural land from development sprawl.
Coordinating public services and infrastructure: The project is aligned with the provision of public
services and infrastructure. The infill development will take advantage of the existing investment in
infrastructure and encourage infill and redevelopment projects which aligns with Objective 1.2 of the
Comprehensive Plan.
Making investment in infill and redevelopment more attractive than sprawl: The project will permit
increased residential densities in areas where infill and redevelopment are targeted, aligning with
Objective 1.3 of the Comprehensive Plan
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?
The project is neighbored to the west by a multi -family development, the north by a single-family
development the Paradise Acres Subdivision, which includes a city park and the Gate City Christian
Church. It also has convenient access to the trail system that the city has been building along New Day
Parkway to the East. The project will complement these uses by providing much-needed housing in the
area. The project will restrict access along Yellowstone Avenue which will prevent the traffic
City of Chubbuck — Development Services Division
Pauline Flats — Conditional Use Permit Narrative
January 16, 2023
Page 4
I- - - - - - - - - - - - - - - - - -,
Pauline Flats CUP
;Exhibit 2: Application
congestion/safety concerns that occur in other intersections along Yellowstone Avenue to the south.
4. How is the proposed use harmonious in scale, mass, coverage, density, and intensity
with all adjacent permitted land uses?
The proposed use at Pauline Flats is harmonious in scale, mass, coverage, density, and intensity with all
adjacent permitted land uses. The coverage percentages of the proposed development are similar to those
of the adjacent Wyndhaven Subdivision and the Southern Commercial Area. The density of the proposed
development is also comparable to that of the adjacent Wyndhaven Subdivision, with 48 dwelling units
on a 2.55 -acre parcel. The intensity of the proposed development is in line with the surrounding
commercial and residential uses, providing much needed multi -family housing for the community.
Additionally, the project is in close proximity to the city park and the trail system, providing ample
recreational opportunities for the residents.
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?
The proposed use of the Pauline Flats project will not create undue burdens on transportation, police, fire,
EMS protection, water/sewer, schools, or other public agencies or facilities in the vicinity. The project
will be served by existing infrastructure, including water, sewer, and roads. The project will have 48 new
residential units, which is a relatively small number that will not place an undue burden on public
services. Additionally, the project will not require any new public facilities such as schools, police, or fire
protection.
The project's location, design and infrastructure improvements have been carefully considered to
minimize impacts on transportation and other public facilities in the vicinity. The project will include a
private access road that will connect to Siphon Road and provide access to the site without impacting
traffic on Yellowstone Avenue. The project will also be designed to be compatible with the surrounding
area, including the scale and mass of the buildings, coverage, density, and intensity of the development.
The project is situated near two elementary schools, Ellis Elementary and Tyhee Elementary, which are
located 0.63 miles east and 0.93 miles north of the project site respectively. The project team will work
with the school district to ensure that any potential impacts on the schools are identified and mitigated.
In addition to this, the project team will work closely with the City of Chubbuck and other agencies to
ensure that all necessary infrastructure improvements are made in a timely and cost-effective manner. The
project's impacts on transportation, police, fire, EMS protection, water/sewer, schools, or other public
agencies or facilities will be evaluated during the review process, and any necessary mitigation measures
will be implemented as part of the project.
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?
The proposed use, a multi -family residential development, will not adversely affect other properties or the
environment in the vicinity to a materially greater extent than would uses permitted outright by the City
City of Chubbuck — Development Services Division
Pauline Flats — Conditional Use Permit Narrative
January 16, 2023
Page 5
------ --------
Pauline -Flats CUP---
;Exhibit 2: Application
k--- ------------
Code. The project will be designed and built to comply with all applicable codes, regulations, and
standards, including those related to stormwater management, erosion control, and environmental
protection. Additionally, the project will be designed to minimize any potential impacts on neighboring
properties, such as by providing adequate buffer zones and screening. Furthermore, the project will be
designed to minimize impacts on the local transportation network, by providing adequate parking and
minimizing the need for additional infrastructure improvements. The project will also include measures to
minimize the potential for negative impacts on schools, such as by providing safe and convenient access
for pedestrians and bicycles.
CLOSING
In summary, the Pauline Flats development is a proposed multi -family residential project that will provide
quality, affordable housing to the community. The project is located in an area that is zoned for
commercial use, but the land has been deemed not suitable for commercial development due to its
proximity to residential areas, and lack of access to Yellowstone Avenue. The proposal meets all City of
Chubbuck standards and requirements and is in harmony with adjacent land uses. The development will
not create undue burdens on transportation, public services, or the environment and will not require
additional recreational facilities due to its proximity to the existing city park and the walking trail system.
We respectfully request that the Land Use Commission approve the Conditional Use Permit application as
proposed.
If you have any questions regarding this request, please give me a call at (208) 417-0522.
Sincerely,
KNUDSEN ENGINEERING, LLC
yGta�'n
Tys n /Lee Knudsen, PE
Principal Engineer
PN: 2021020
Doc: CUP Narrative.docx
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SIXTEEN-PLEX BUILDINGS
1
12.45'
I
REQUIRED PARKING
241
I
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PROVIDED PARKING
I
40'
PROPOSED / EXISTING SEWER MANHOLE
CANAL
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12.2'
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CANAL
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S 89°45'12" E 231.48'
_F EX. UTILITY PROPOSED 26'
ADDITIONAL R -O -W 10
BOXES 6 EXISTING 17.5' PUBLIC UTILITY EASEMENT
■■�■■�■■� ■�■kms■■ ■�■■�■■�■■�■■�■ �■■��■_
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EXISTING R -O -W
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1. DEVELOPMENT INFORMATION
EXISTING ZONING: C2 ZONING (R4 ZONING)
TOTAL DEVELOPMENT AREA: 2.6 ACRES ;Pauline Flats CUP
RESIDENTIAL LOTS: 1 ;Exhibit 2_ Application
COMMERCIAL LOTS: 0
OPEN SPACE LOTS: 0
PROPOSED MIN./AVG. LOT SIZE (RESIDENTIAL): 2.6 ACRES.
R -O -W AREA: XXXX ACRES
2. UTILITIES
WATER: CITY OF CHUBBUCK
SEWER: CITY OF CHUBBUCK
STORM: STORMWATER RUNOFF SHALL BE CONTAINED IN STORMWATER RETENTION
PONDS AND SUBSURFACE STORAGE IF REQUIRED.
JOINT TRENCH: POWER, TELEOPHONE, GAS, FINER, ECT. WILL BE PROVIDED WITHIN
THE DEVELOPMENT AS AVAILABLE (VARIOUS PROVIDERS)
3. PUBLIC UTILITY & ACCESS EASEMENTS ARE 15 FEET WIDE, UNLESS OTHERWISE
NOTED.
4. LOT RESTRICTIONS:
A) LOT 1, BLOCK 2 & LOT 12, BLOCK 3 ARE RESTRICTED FROM HAVING DIRECT
VEHICULAR ACCESS ONTO BRISCOE ROAD.
B) LOTS 1 & 2, BLOCK 2 AND LOTS 13 & 14, BLOCK 3 SHALL UTILIZE A SHARED
ACCESS ONTO PARK LAWN DRIVE. THIS ACCESS SHALL BE RIGHT TURN IN AND OUT
ONLY AFTER PARK LAWN EXTENDS TO NEW DAY PARKWAY.
C) LOT 16, BLOCK 3 IS RESTRICTED FROM HAVING ACCESS OFF OF NEW DAY
PARKWAY.
D) LOT 1, BLOCK 1 AND LOT 1, BLOCK 3 ARE RESERVED AS OPEN SPACE LOTS FOR
THE USE OF DEVELOPMENT STORMWATER RETENTION.
E) LOTS 2-11, BLOCK 1 AND LOTS 2-12 & 17-19, BLOCK 3 SHALL BE UTILIZE A
COMMON SHARED ACCESS AND MAINTENANCE AGREEMENT AND WILL BE DEFINED
IN THE CC&R'S.
F) LOTS 2-11, BLOCK 1 ARE RESTRICTED TO THE TWO SHARED COMMON
VEHICULAR ACCESS POINTS SHOWN ON THIS PLAT ONTO PARK LAWN DRIVE.
G) LOTS 1-12, BLOCK 3 ARE RESTRICTED TO THE ACCESS POINT SHOWN ON THIS
PLAT ONTO PARK LAWN DRIVE.
5. OLD APPROACH SHALL BE RETROFITTED AND REBUILT AS SHOWN.
6. A VINYL FENCE SHALL BE INSTALLED, BY THE INDIVIDUAL LOT OWNERS, ALONG
PROPERTY LINES THAT ARE ADJACENT TO RESIDENTIAL ZONES/USES.
PARKING
BREAKDOWN
TOTALS
FOUR-PLEX BUILDINGS
1
EIGHT-PLEX BUILDINGS
2
TWELVE-PLEX BUILDINGS
1
SIXTEEN-PLEX BUILDINGS
1
TOTAL DWELLING UNITS
48
REQUIRED PARKING
96
PROVIDED PARKING
97
PROPOSED / EXISTING SEWER MANHOLE
ABRAHAM STREET
Z
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RETENTION
POND
16 UNITS
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I
S 89°45'12" E 231.48'
_F EX. UTILITY PROPOSED 26'
ADDITIONAL R -O -W 10
BOXES 6 EXISTING 17.5' PUBLIC UTILITY EASEMENT
■■�■■�■■� ■�■kms■■ ■�■■�■■�■■�■■�■ �■■��■_
• d ° ` a a , d ' . N 89°45'20" W 261.53' • • .d
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EXISTING R -O -W
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1. DEVELOPMENT INFORMATION
EXISTING ZONING: C2 ZONING (R4 ZONING)
TOTAL DEVELOPMENT AREA: 2.6 ACRES ;Pauline Flats CUP
RESIDENTIAL LOTS: 1 ;Exhibit 2_ Application
COMMERCIAL LOTS: 0
OPEN SPACE LOTS: 0
PROPOSED MIN./AVG. LOT SIZE (RESIDENTIAL): 2.6 ACRES.
R -O -W AREA: XXXX ACRES
2. UTILITIES
WATER: CITY OF CHUBBUCK
SEWER: CITY OF CHUBBUCK
STORM: STORMWATER RUNOFF SHALL BE CONTAINED IN STORMWATER RETENTION
PONDS AND SUBSURFACE STORAGE IF REQUIRED.
JOINT TRENCH: POWER, TELEOPHONE, GAS, FINER, ECT. WILL BE PROVIDED WITHIN
THE DEVELOPMENT AS AVAILABLE (VARIOUS PROVIDERS)
3. PUBLIC UTILITY & ACCESS EASEMENTS ARE 15 FEET WIDE, UNLESS OTHERWISE
NOTED.
4. LOT RESTRICTIONS:
A) LOT 1, BLOCK 2 & LOT 12, BLOCK 3 ARE RESTRICTED FROM HAVING DIRECT
VEHICULAR ACCESS ONTO BRISCOE ROAD.
B) LOTS 1 & 2, BLOCK 2 AND LOTS 13 & 14, BLOCK 3 SHALL UTILIZE A SHARED
ACCESS ONTO PARK LAWN DRIVE. THIS ACCESS SHALL BE RIGHT TURN IN AND OUT
ONLY AFTER PARK LAWN EXTENDS TO NEW DAY PARKWAY.
C) LOT 16, BLOCK 3 IS RESTRICTED FROM HAVING ACCESS OFF OF NEW DAY
PARKWAY.
D) LOT 1, BLOCK 1 AND LOT 1, BLOCK 3 ARE RESERVED AS OPEN SPACE LOTS FOR
THE USE OF DEVELOPMENT STORMWATER RETENTION.
E) LOTS 2-11, BLOCK 1 AND LOTS 2-12 & 17-19, BLOCK 3 SHALL BE UTILIZE A
COMMON SHARED ACCESS AND MAINTENANCE AGREEMENT AND WILL BE DEFINED
IN THE CC&R'S.
F) LOTS 2-11, BLOCK 1 ARE RESTRICTED TO THE TWO SHARED COMMON
VEHICULAR ACCESS POINTS SHOWN ON THIS PLAT ONTO PARK LAWN DRIVE.
G) LOTS 1-12, BLOCK 3 ARE RESTRICTED TO THE ACCESS POINT SHOWN ON THIS
PLAT ONTO PARK LAWN DRIVE.
5. OLD APPROACH SHALL BE RETROFITTED AND REBUILT AS SHOWN.
6. A VINYL FENCE SHALL BE INSTALLED, BY THE INDIVIDUAL LOT OWNERS, ALONG
PROPERTY LINES THAT ARE ADJACENT TO RESIDENTIAL ZONES/USES.
PARKING
BREAKDOWN
TOTALS
FOUR-PLEX BUILDINGS
1
EIGHT-PLEX BUILDINGS
2
TWELVE-PLEX BUILDINGS
1
SIXTEEN-PLEX BUILDINGS
1
TOTAL DWELLING UNITS
48
REQUIRED PARKING
96
PROVIDED PARKING
97
BUILDING
65
18'
WEST SIPHON ROAD
ow
LEGEND (SYMBOLS)
0
SECTION CORNER AS NOTED
ISSAC STREET N _-
m
PHONE #
o
rn _
PROPOSED / EXISTING WATER METER
0/0
0
(WSO
rn
Q Q
PROPOSED / EXISTING SEWER MANHOLE
ABRAHAM STREET
Z
WEST SIPHON ROAD
ow
SOUTHSIDE WAY
PROJECT
LOCATION
LEGEND (LINETYPES)
— — — — — — BOUNDARY LINE
PROPOSED SEWER LINE
PROPOSED WATER LINE
— — — — — — — — PROPOSED PUBLIC UTILITY EASEMENT (SEE NOTE 3)
EXISTING PROPERTY LINE
EXISTING SEWER/WATER LINE
PAVEMENT
'e A CONCRETE
e
RETENTION POND
ONAL F/
Q�OF
G\
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14952
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SIDEWALK PARKING PARKING CURB OAy�\@3��
PARKING SECTION
TYPICAL SECTION (NOT TO SCALE)
0 20' 40'
SCALE: 1" = 20'
P CONTOUR INTERVALS
BASIS OF BEARING
THE NORTH LINE OF SECTION 3 WAS ASSUMED TO BE SOUTH 89°36'44" EAST BETWEE
THE NORTH 1/4 CORNER AND THE NORTHEAST CORNER PER CITY OF CHUBBUCK
DATUM BASED ON THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE
COORDINATE SYSTEM.
PRELIMINARY PLAT FOR:
PAULINE FLATS
LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 5 SC
RANGE 34 EAST, BOISE MERIDIAN, CITY OF CHUBBUCK, BANNOCK COUNTY, IDAHO
NEW DAY PARKWAY
LEGEND (SYMBOLS)
33 34
4 3
SECTION CORNER AS NOTED
t�
CENTER CORNER AS NOTED
PHONE #
PROPOSED / EXISTING FIRE HYDRANT
N N
PROPOSED / EXISTING WATER METER
0/0
PROPOSED / EXISTING WATER VALVE
(WSO
PROPOSED WATER / SEWER SERVICE STUB
Q Q
PROPOSED / EXISTING SEWER MANHOLE
�-
EXISTING UTILITY POLE
SOUTHSIDE WAY
PROJECT
LOCATION
LEGEND (LINETYPES)
— — — — — — BOUNDARY LINE
PROPOSED SEWER LINE
PROPOSED WATER LINE
— — — — — — — — PROPOSED PUBLIC UTILITY EASEMENT (SEE NOTE 3)
EXISTING PROPERTY LINE
EXISTING SEWER/WATER LINE
PAVEMENT
'e A CONCRETE
e
RETENTION POND
ONAL F/
Q�OF
G\
s T`js o L�
14952
5' 2'
2. N]. �O
OF
jr
2% TYPICAL L . KNv05 —
_y
SIDEWALK PARKING PARKING CURB OAy�\@3��
PARKING SECTION
TYPICAL SECTION (NOT TO SCALE)
0 20' 40'
SCALE: 1" = 20'
P CONTOUR INTERVALS
BASIS OF BEARING
THE NORTH LINE OF SECTION 3 WAS ASSUMED TO BE SOUTH 89°36'44" EAST BETWEE
THE NORTH 1/4 CORNER AND THE NORTHEAST CORNER PER CITY OF CHUBBUCK
DATUM BASED ON THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE
COORDINATE SYSTEM.
PRELIMINARY PLAT FOR:
PAULINE FLATS
LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 5 SC
RANGE 34 EAST, BOISE MERIDIAN, CITY OF CHUBBUCK, BANNOCK COUNTY, IDAHO
NEW DAY PARKWAY
DEVELOPER INFORMATION
NAME
MTCC PROPERTIES LLC
CONTACT
JESSE ALDOUS
PHONE #
208-339-7725
ADDRESS
1800 W. FLOATING FEATHER RD. EAGLE, ID 83616
SHEET INFORMATION
DRAFTER
JPD, BRD, LMH DATE CREATED JUNE 14, 2022
DESIGNER
JOEL P. DIXON LAST REVISED NOVEMBER 15, 2022
REVIEWER
PROJECT #
TYSON L. KNUDSEN DRAWING PAULINE FLATS - PRELIMINAI
2022006 FILEPATH PLAT.DWG
r——————————————————
:Pauline Flats CUP
;Exhibit 2:_Application
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Date
9/21/2022
Sheet No. A1.0
r------------------
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SCALE: 1/4"=l'—O"
Second Floor Plan
Date
9/21/2022
Sheet No. A2.0
50'-0" 50'-0"
THIRD FLOOR PLAN
SCALE:
1/4"=l'—O"
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9/21/2022
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Date
9/21/2022
Sheet No. A 2
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no roof penetrations allowed r - - - - - - --
in this area ;Pauline Flats CUP ;
1Exhibit-2:_Application
4'-0° 4'-0"
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12
5 t
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provide ice & water shield at
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tight system
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colored accent band
horiz. siding
vert. siding
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FRONTELEVATION no roof penetrations allowed RIGHT ELEVAT ON
SCALE: 1/4"=1'-0" in this area SCALE: 1/4"=1'-0"
roof vents as 4'-0" 4'-0"
required by cod I. . I.
12
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Elevations
Date
9/21/2022
Sheet No. A4..I
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Sheet No. A4..I
EXHIBIT 3:
CURRENT ZONING MAP
iw
Abraham St
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-a Property
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Chubbuck Zoning Districts
9 Agriculture (A)
Single Family Residential (R-1)
Limited Residential (R-2)
Limited Residential - P (R -2P)
■ Dense Residential (R -Q)
Briscoe R
M-=1Limited Commercial (C-1)
■ General Commercial (C-2)
-� i L.,
■ Planned Unit Development (PUD)
Creative Community
EXHIBIT 4:
COMPREHENSIVE PLAN FUTURE LAND USE MAP
EXHIBIT 5:
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 surrounded by developed land on three sides and can be considered an infill parcel.
OBJECTIVE
4.1.3 Make investment in infill and redevelopment more attractive than sprawl
POLICY
a. Permit increased residential densities in areas where infill and redevelopment are targeted
COMMENT
The project is surrounded by developed land and can be considered an infill parcel.
GOAL 4.3 PROVIDE CONVENIENT COMMERCIAL SERVICE LOCATIONS AND LIMIT THEIR ADVERSE IMPACTS
ON TRANSPORTATION SYSTEMS, RESIDENCES, AND VISUAL INTEGRITY
OBJECTIVE
4.3.2 General commercial zoning should be located between communities or at a community
center, at the intersection of principle arterials, or on Yellowstone Avenue between Quinn Road
and Siphon Road
POLICY
a. Base commercial development locations on concepts identified on the Regional Growth
Management Plan Map and land use designation on the Chubbuck zoning map
COMMENT
At this intersection commercial development complies with the plan — residential does not. The
Comprehensive Plan points to Yellowstone as a commercial corridor and includes policy to ensure
an adequate supply of commercial land.
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 Future Land Use Map designates the site for "Commercial" development.
POLICY
f. Encourage residential infill in suitable locations
COMMENT
Although this is considered an infill parcel, "Commercial" is the planned and appropriate land use.
POLICY
g. Ensure an adequate supply of commercial land sensitive to market trends
COMMENT
Land designated "Commercial" along Yellowstone and at key intersections should be retained for
commercial uses.
OBJECTIVE
4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas
POLICY
b. Locate mixed-use areas along Yellowstone Avenue and in new neighborhood centers
COMMENT
This policy can be interpreted in different ways since there is already a mix of uses; adjacent
currently there are low-, medium-, and high-density residential properties, small business, and the
RV/boat retailer.
/944c_\
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
CHAPTER 5: TRANSPORTATION
GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION
OBJECTIVE
5.1.4 Encourage higher densities and site designs that support transit
COMMENT
The site is located on a PRT bus route.
OBJECTIVE
5.1.5 Encourage bicycle and pedestrian systems that support transit and provide an alternative
means to access commercial centers, neighborhood employment centers, and public services
such as schools and parks
POLICY
a. Continue to implement standards for sidewalks to be constructed at the time of subdivision
development
COMMENT
The project will add a sidewalk along the Siphon Rd frontage.
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
POLICY
g. Provide sidewalks along both sides of all public streets
COMMENT
The project will add a sidewalk along the Siphon Rd frontage; the project does not include both
sides of the road.
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
There are 3 -story apartments to the west, one 2 -story 4 plex to the southwest, and single -story
homes to the north.
POLICY
c. Encourage the development of well -landscaped parking lots and buffer strips on major
corridors
COMMENT
These are part of the site plan.
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
The project provides a few more internal sidewalks than are typically seen in recent multi -family
developments, and they are connected to the street.
CHAPTER 7: GOVERNMENT SERVICES
GOAL 7.5. MANAGE STORMWATER RUN-OFF TO REDUCE SOIL EROSION AND FLOODING
OBJECTIVE
7.5.1 Develop and keep up-to-date, a cost-effective and environmentally sensitive stormwater
facility master plan
POLICY
a. Encourage new development to retain stormwater runoff on-site
COMMENT
Stormwater will be retained on-site, as shown in the site plan.
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
Water and sewer services are already available at the site.
1940-t-\
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
CHAPTER 10: HOUSING
GOAL 10.1 RESPOND TO HOUSING NEEDS
OBJECTIVE
10.1.1 Assure an adequate supply of land for residential development
POLICY
a. Plan for a variety of housing types
COMMENT
The site is planned for "Commercial" uses. Other plan objectives are to assure an adequate supply
of land for commercial development.
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 proposal does not comply with the policy,- large complexes should be built in conjunction with
general commercial centers or adjacent to neighborhood parks. Although Bicentennial Park is
within approximately'/ mile walking distance from there is no commercial center, such as a grocer
or a convenience store with groceries, nearby.
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
r------------------------------
Pauline Flats CUP
Exhibit 6: Design Review Minutes ;
Office of the City Clerk
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430
CHUBBUCK www.CityofChubbuck.us
1 0 A H 0
Project Name:
Applicant Name:
Applicant Address
Project Address:
Email:
Date:
Design Review Minutes — with applicant
Pauline Flats
MTCC Properties LLC
1800 W. Floatin.R Feather Rd.
120 W. Siphon Rd.
9essedeanaldous@gmail.com
August 23, 2022
* Design review approval is not an approval of any other required permits or licenses and is only an approval of
authorized functions of the Committee pursuant to Chapter 18.16 of Chubbuck Municipal Code.
Project is a little over quarter of an acre, currently zoned C-2. Per the applicant's explanation:
• 3 -story units
• barely meeting required parking (corrected below)
• need to leave room by canal
• planning to reconfigure approach off siphon road, widen and make longer to address concerns with
congestion into existing development.
• tying into existing sewer and water.
• Putting retention pond on east side.
• Have had discussions with Fort Hall, they need access to easement, may do stepped pond.
• Will likely connect far two east buildings together- the small separation will create wind tunnel and be
hard to landscape.
• 5% interior landscaping met.
• Preliminary placement of dumpster locations.
• Planning for entrance sign.
• Lighting is on buildings.
• Landscaping mixture of shrubs, trees, and xeriscaping.
• Know they need a CUP. Setbacks will still adhere to R4 zoning.
1. Traffic Safety and Traffic Congestion: (ingress, egress, off-street parking, unloading)
• Proposed access meets requirements. Showing improvements to existing neighbor's approach.
• Cross access agreement in place with property to the west but will need modified to accommodate the
new design.
• Dedicate additional ROW for Siphon Road for arterial classification —120ft required, applicant can
submit a deviation request along with preliminary plat, city staff will support 100ft.
• Will need to show approval from Fort Hall to place parking lot and landscaping in their ROW- should be
submitted with CUP application.
• Parking likely is not sufficient- 66 units require 2 stalls per unit. See section 18.08.046 of city code
under "residential" category. May ask Council for deviation pursuant to section 18.08.046.A.3.
• Parking spaces are undersized, need to be 10x18 (180 sf) per definition of a parking space
(18.06.0240).
0 Bridger will find out about Yellowstone improvements with ITD.
------------------------------,
:Pauline Flats CUP
;Exhibit 6:_Design Review Minutes_ _
2. Traffic Studies, Utility Studies: (as requested)
• Only required to complete traffic impact statement.
• Will consider water and sewer to be private, since not serving anyone else. May require applicant to
change how they meter site accordingly.
• Required to connect to existing water stub.
3. Drainage: (storm & surface water, to be engineered, retained on site)
• Need stormwater report for on-site retention and show approval from Fort Hall Irrigation Project if
locating in the FHIP ROW.
• FHIP wants access to ROW at all times —Tyhee wasteway canal
4. Pretreatment / Nonresidential Wastewater Permit: (grease or oil/silt separator)
• Standard discharge permit required.
5. Development Agreement (when needed)
• Yes, along with plat.
6. Structures and Site Layout: (exterior design, buffering, fencing, dumpster enclosure)
• Project will require CUP
• Based on past CUP experience, Commission likely will want to see color variations, pop outs, siding,
and facade treatments. Consider pop out windows, shutters, etc. on walls facing streets. For multi-
family, the Commission has generally wanted to see child private recreational amenities on-site.
Because the comp plan calls for intersections of arterials being preferred locations for C-2 zoning and
uses, CUP may be difficult to obtain and the burden of proof of demonstrating how the project will
meet CUP approval criteria is the Applicant's.
• Dumpster locations are good, may need to rotate some. City will verify angles for trucks.
• Dumpsters need to be enclosed on 3 sides.
7. Building Department: (professionally approved plans, ADA compliance, dumpster enclosure)
• Engineered stamped plans required.
• All buildings need to be fire sprinkled. Sprinkler plans submitted to State.
8. Signs / Advertising: (advertising signs, height, structure)
• Plans indicate frontage sign, looks to be outside site triangle. 15ft. behind curb line. Existing tree will
be removed.
9. Landscaping: (ordinance copy, approved tree list)
• Need 10ft landscape strip on edges of road frontage. 1 tree every 50ft, shrub in between — code for
street frontage requires one shrub every 5'.
• Shrubs and trees away from hydrants.
• Meets interior landscaping requirements.
10. Exterior lighting: (light shielding, light trespass)
• Standard requirements, retain on-site. Pay attention to north side.
• Plans intend on buildings only.
11. Development: (platting, addressing)
• Full plat process.
• Will have a Siphon address, each building needs to be suited.
12. Fire Department: (knox Box, fire hydrant locations, sprinkling, visible street address)
1- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -,
;Pauline Flats CUP
Exhibit 6:_Design Review Minutes_ _
• Address, access and water supply required.
• Sprinkler plans sent to State.
13. Police Department: (safety issues)
• No issues.
14. Business License: (before opening)
• Only if have on-site office.
*Land Use Commission may require amenities.
City Hall Hours
M-TH 7:30 am — 5:30 pm
F 7:30 am — 11:30 am
------------------------------,
;Pauline Flats CUP
;Exhibit 7: Correspondence from
;Bureau of Indian Affairs
------------------------------
From: Gardner, Timothy J <Timothy.Gardner@bia.gov>
Sent: Tuesday, January 24, 2023 3:34 PM
To: Sean Harris <sharris@citvofchubbuck.us>; Bollinger, David <David.Bollinger@bia.gov>; Sorenson, Martin W
<Martin.Sorenson@bia.gov>
Subject: Pauline Flats Subdivision.
Sean, Pauline Flats Subdivision infringes upon the Federal Reserved Right of Way along the section of the
Tyhee Wasteway running north and south directly east of the proposed project. We have worked with the
engineer to come to an agreeable solution to mitigate the infringement. This being said the plat as drawn will
not meet the requirements of the Fort Hall Irrigation Project. The engineer has agreed to pipe this section of
the wasteway, this in itself goes along way towards meeting the requirements of Fort Hall Irrigation
Project. However; there are a few areas of concern that need to be addressed prior to the issuance of
a Revocable Construction Permit. The retention pond running the entire length of the property is not
acceptable to the requirements of the Project. Access to the Federal Reserved Right of Way from Siphon Road
must be maintained in a manner to allow maintenance and construction equipment access. This should
include a rolled curb or driveway entrance. The new pipe line needs to be tied into the existing check
structure and a trash rack installed. Fort Hall Irrigation Project will need to see the proposal for all of these
items prior to consideration of a Revocable Construction Permit.
The Tyhee Siphon pipeline runs east and west along Siphon Road on the south end of Pauline Flats
Subdivision. Fort Hall Irrigation Project has a Federal Reserved Right of Way of thirty feet along this section of
the Tyhee Siphon that must be protected.
I am attaching a drawing supplied to Fort Hall Irrigation Project just previous to the drawing that was
submitted for comment. This earlier drawing is much closer to something that Fort Hall Irrigation Project can
accept with the infringements of the Federal Reserved Right of Way. Even with the earlier drawing several
things need to be finalized prior to a Revocable Construction Permit being issued.
Thankyou
Tim Gardner
Fort Hall Irrigation Project
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