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HomeMy WebLinkAboutItem #3 Initial Zone 5328 Yellowstone Ave.CHUBBUCK Memo Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us TO: Honorable Mayor and Chubbuck City Council FROM: Don Matson, Planning Services Manager DATE: January 10, 2024 Re: A proposal by city staff for initial zoning designation of property into the General Commercial (C-2) Land Use District that is proposed to be annexed into the City of Chubbuck. The subject property of approximately 4.28 acres is located at 5328 Yellowstone in Chubbuck, Idaho. At the meeting, the Council will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.6. Type of Action: Decision. BACKGROUND: This is a quasi-judicial action. After reviewing the application materials, City Code, and the Comprehensive Plan, staff found that the application satisfies the criteria for the requested zoning designation. At a public hearing before the Land Use and Development Commission (LUDC) on December 13, 2023 regarding the proposal, city staff made a presentation to the Commission and recommended approval. No testimony was offered by the public for or against the proposal. Following the hearing members of the LUDC discussed the application materials and presentation, and recommended approval of the proposal without conditions. Staff proposes approval of the LUDC recommendation of General Commercial (C-2) zoning. See attached for additional information. REQUEST: Review the attached staff report, exhibits, and minutes from the LUDC public hearing on December 13, 2023 and determine whether to approve, deny, or table the application. If approved, the action will take effect via ordinance and upon completion of annexation of the property. REFERENCE MAP: rAam VIM _mom �A..a� ,w * " . I.. ilt� aFr rrtll rr. F " i` j ATTACHMENTS: A. Staff Report to LUDC with Application and Other Exhibits B. Minutes from LUDC meeting on December 13, 2023 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 A H 8 CHUBBUCK Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us APPLICATION FOR INITIAL ZONING DESIGNATION OF GENERAL COMMERCIAL (C-2) ON 4.28 ACRES CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON DECEMBER 13, 2023 SUMMARY DESCRIPTION: A proposal by city staff for initial zoning designation of property into the General Commercial (C-2) Land Use District that is proposed to be annexed into the City of Chubbuck. The subject property of approximately 4.28 acres is located at 5328 Yellowstone in Chubbuck, Idaho. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.6. Type of Action: Recommendation (Action Item). STAFF FINDINGS: After reviewing the site characteristics and property location, staff finds that it meets the requirements for the recommended placement in the General Commercial (C-2) Land Use District. • The Comprehensive Plan Future Land Use map designates this area in for Commercial land uses and development, which is supported by the C-1 and C-2 zoning districts. • C-2 zoning is a good fit for the property; parcels on three sides are in the C-2 zone. • Future development on the property must comply with Design Review findings on technical issues. • This application has met City Code requirements to be heard for a change in land use district. • Annexation will be a separate discussion by the City Council — this action is limited to the recommended zoning. • Staff recommends approval of the zoning recommendation. It complies with the Comprehensive Plan and is not deemed spot zoning. • See additional information below and in the attached exhibits. FACTS BACKGROUND: This parcel is adjacent to the city boundary on all sides Attached to the property, under same ownership, is a sliver of land with approximately 345' of frontage on Park Lawn Ave. The .27 acre sliver was annexed in 1996 and is in the Dense Residential (R-4) 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 standards for approval). The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. APPLICANT: OWNER. City of Chubbuck JRG Holdings Community Services Department 150 Park Lawn Ave 290 E Linden Ave Chubbuck, ID 83202 Chubbuck, ID 83202 LOCATION: The property is at 5328 Yellowstone Ave. Current parcel number is R3853002601. REFERENCE MAP: G ,. .. Ib� �:�qy�ys - �► [WarI SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County, Multiple Use zone PROJECT SIZE: ±4.28 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: House with sheds, silos, and other outbuildings IRRIGATION FACILITIES: Property has surface water rights RECENT TRAFFIC COUNTS ON YELLOWSTONE: North of Park Lawn — 2015, 10,909/day; 2019, 11,953/day RECENT TRAFFIC COUNTS ON PARK LAWN: 2016, 2,140/day; 2020. 1,986/day SURROUNDING LAND USES AND ZONING NORTH: Commercial property— new development; General Commercial (C-2) and Dense Residential (R-4) EAST: Multi -family; Dense Residential (R-4) SOUTH: Commercial; General Commercial (C-2) WEST: Single-family, General Commercial (C-2) 194�0c\ CHUBBUCK1 0H 8 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us 3 a �► SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County, Multiple Use zone PROJECT SIZE: ±4.28 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: House with sheds, silos, and other outbuildings IRRIGATION FACILITIES: Property has surface water rights RECENT TRAFFIC COUNTS ON YELLOWSTONE: North of Park Lawn — 2015, 10,909/day; 2019, 11,953/day RECENT TRAFFIC COUNTS ON PARK LAWN: 2016, 2,140/day; 2020. 1,986/day SURROUNDING LAND USES AND ZONING NORTH: Commercial property— new development; General Commercial (C-2) and Dense Residential (R-4) EAST: Multi -family; Dense Residential (R-4) SOUTH: Commercial; General Commercial (C-2) WEST: Single-family, General Commercial (C-2) 194�0c\ CHUBBUCK1 0H 8 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us SERVICES: ACCESS STREET: Park Lawn; existing house has a residential access to Yellowstone Ave EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, property is served by City water. SEWAGE DISPOSAL: City of Chubbuck, property is served by City sewer PROCESS PROCEDURES: 1. In accordance with City Code 18.28.050 and the current fee resolution, a complete petition for the Initial Designation of a Land Use District were filed with the City at least 28 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.010, the proposal is scheduled to be heard at a Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In In accordance with City Code 18.28.010 and Idaho Statute §67-6509, 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. Hearing will be conducted in accordance with procedures established by City Resolution 2021-06. 5. Public notices and other procedures were In accordance with Idaho Statute §67-6511. APPLICABLE LAWS AND PLANS: 1. Idaho Statutes a. §67-6511: Zoning Ordinance b. §67-6525: Plan and Zoning Ordinance Changes Upon Annexation of Unincorporated Area c. §50-222: Annexation by Cities 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code Title 18: Land Use, particularly: a. Chapter 18. 08.020 District Boundaries and Land Use Map b. Chapter 18.28.50 Title Text and Map Amendments and Initial Zoning District Designation PUBLIC COMMENTS RECEIVED: No written comments were received from the public as of this report. POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report. ANALYSIS AND RECOMMENDATIONS SPOT ZONING: As described in the Idaho Supreme Court ruling regarding Evans v. Teton County "a claim of 'spot zoning' is essentially an argument the change in zoning is not in accord with the comprehensive plan. There are two types of 'spot zoning.' Type one spot zoning may simply refer to a rezoning of property for a use prohibited by the original zoning classification. The test for whether such a zone reclassification is valid is whether the zone change is in accord with the comprehensive plan. Type two spot zoning refers to a zone change that 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 R H 0 singles out a parcel of land for use inconsistent with the permitted use in the rest of the zoning district for the benefit of an individual property owner." The proposal does not meet either of the definitions of spot zoning. The proposal: 1. Complies with the Comprehensive Plan. The General Commercial (C-2) zone supports the Commercial designation on the Future Land Use Map. Does not single out a parcel for development inconsistent with allowed uses in the zone to benefit an individual property owner. The purpose of the General Commercial (C-2) zone is "to provide for a broad variety of business establishments serving Municipal or regional markets..." (Title 18.08.10.1-1). The proposed zone, and proposed use of the property, do not meet the definition of type two. STANDARDS REVIEW: The Commission must determine if it is in the best interest of the City of Chubbuck and adjacent landowners to recommend a Title Change to the Land Use (zoning) Map. 1940�t-\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us STANDARDS FOR APPROVAL: CITY CODE SECTION 18.28.050.8A POLICY 1 The proposed map amendment would be in the community's best interest. RESPONSE All properties on Yellowstone from Siphon Rd/New Day Pkwy to Chubbuck Road are in the C-2 zone; the placement of this property in C-2 closes the last remaining gap. POLICY 2 The list of uses permitted by the land use ordinance would blend with surrounding land uses and the uses permitted in the proposed zoning district would be harmonious in terms of their scale, mass, coverage, density, and intensity with adjacent land uses. RESPONSE It would be in the some district as neighboring parcels. POLICY 3 The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. RESPONSE This 4 -acre site, along with a narrow strip of land under the same ownership, has two points of access to Park Lawn, a collector street. Park Lawn can accommodate more commercial traffic. POLICY 4 The subject site would be adequately served by transportation routes, police, fire and EMS protection, water/sewer, schools, and other public facilities and services, or agencies, to serve the public health, safety, and general welfare under the proposed zoning district RESPONSE The property is already served by public agencies and utilities. Although the residential access to Yellowstone may be revoked by ITD, The property will have access to Park Lawn through properties under the some ownership. Current transportation plans include a new traffic signal at Yellowstone and Park Lawn, and the extension of Park Lawn northward to connections with Briscoe Road and New Day Parkway. POLICY 5 The proposed map amendment is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. LUDC and Council shall have discretion in interpreting exact boundary locations of the future land use map designations when considering map amendment requests. RESPONSE The proposal furthers the goals, objectives, and policies of the Comprehensive Plan. More information can be found in EXHIBIT 3B. 1940�t-\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us STAFF RECOMMENDATION Staff recommends approval of the proposal. • It complies with the Comprehensive Plan and is not deemed spot zoning. • The intended zone is the same as neighboring parcels on 3 sides. • Future development on the property must comply with Design Review findings on technical issues. • Recommended conditions: none. EXHIBITS 1. Zoning and Land Use a. Current Zoning Map and Proposed Designation b. Standards for Reviewing a Land Use District Designation 2. Comprehensive Plan a. Future Land Use Map b. Policies Relevant to the Application Additional materials on file with staff, available upon request: • Copy of warranty deed and owner affidavit • Evidence of notice 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: December 7, 2023 brought to light at or before the hearing. CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Initial Zone Designation EXHIBIT 2A: ZONING AND LAND USE CURRENT ZONING MAP AND PROPOSED DESIGNATION EXHIBIT 2B: STANDARDS FOR REVIEWING A LAND USE DISTRICT DESIGNATION State and City laws, as well as the City of Chubbuck Comprehensive Plan, guide the review of applications for changes in land use districts/zoning. Specifically: 1. Idaho Code §67-65 Local Land Use Planning 2. Chubbuck City Code Title 18, Land Use 3. City of Chubbuck Comprehensive Plan Our Valley Our Vision (as amended) IDAHO CODE §67-6511: ZONING ORDINANCE SUBSECTION 2(a) REQUESTS FOR AN AMENDMENT TO THE ZONING ORDINANCE — DELIVERY OF SERVICES STATE LAW Consider effects of zone change upon delivery of services by any political subdivision providing public service within the City RESPONSE Notices were sent to each of the following agencies regarding the proposed action COMMENT Bannock County Planning & Development Pocatello Regional Transit Fort Hall Irrigation Proj./Bureau of Indian Affairs Pocatello/Chubbuck School District 25.- 5:Idaho IdahoFish and Game Pocatello- Chubb uck Auditorium District: North Bannock Fire District Portneuf District Library Pocatello Regional Airport. Southeastern Idaho Public Health: COMMENT As a courtesy, notices were also sent to Bannock County Assessor, Idaho Power, and Intermountain Gas. No comments were received from any of the above utilities or agencies. SUBSECTION 2(B) PUBLIC NOTICE OF PROPOSED CHANGES STATE LAW Various notification requirements are addressed in Procedures section of report SUBSECTION 2(C) PROPOSED CHANGES — COMPLIANCE WITH THE COMPREHENSIVE PLAN STATE LAW Governing board to analyze proposed changes to ensure they are not in conflict with the policies of the Comprehensive Plan RESPONSE If the request is in conflict with the Plan, OR would result in demonstrable adverse impacts on public services per subsection 2(a), governing board may: • Require applications/proposals be submitted to the LUDC, or • In the absence of a commission, consider an amendment to the Plan COMMENT All proposals for changes in land use district/zoning are presented to the LUDC for recommendation before going to the City Council Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us COMPREHENSIVE PLAN CHAPTER 4: LAND USE THE PLAN DISTRICT -ZONE DISTRICT CONVERSION TABLE INDICATES WHICH ZONING DISTRICTS SHALL BE ALLOWED WITHIN EACH PLAN DISTRICT OBJECTIVE Only the zoning districts listed in the table shall be allowed in the corresponding plan districts as shown on the Comprehensive Plan Map PLAN -ZONE r 16u LG]��i1a L�V11 c�Vuu�� L1JLL �l.L rc�l��l L.G4 CONVERSION TABLE LDR - Low Density Residential R-1 - Single Family Residential R-2 - Limited Residential MDR - Medium Density Residential R-2 - Limited Residential R-3 - General Residential HDR - High Density Residential R-3 — General Residential n AT n. -;A «: 1 I - LCll]C Residential C — Commercial C-1 - Limited Commercial C-2 - General Commercial E - Employment C-2 - General Commercial I - Industrial MU — Mixed Use R-1, R-2, R-3, R-4, C-1 COMMENT The proposal for C-2 zoning is in compliance with the plan. 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 site 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 site is surrounded by developed land and can be considered an infill parcel. OBJECTIVE 4.1.3 Make investment in infill and redevelopment more attractive than sprawl COMMENT The site is already served by water, sewer, streets, etc. Development will not incur extension of these services. GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low -intensity to higher intensity land uses POLICY a. Adhere to land use designations on the Comprehensive Plan Map COMMENT The map designates the area as Commercial, a category intended for future C-1 and C-2 zoning. POLICY I g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT The proposal is to place the site in a Commercial zone, aiding the community to have more available commercial land in the Yellowstone corridor. Other code and policy may be identified from State Law, City Code, or the Comprehensive Plan. Summaries of codes, goals, objectives, and policies may not be verbatim. See additional Comprehensive Plan Goals, Objectives, and Policies in Exhibit 4b. Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Initial Zone Designation EXHIBIT 3A: COMPREHENSIVE PLAN FUTURE LAND USE MAP EXHIBIT 313: COMPREHENSIVE PLAN ADDITIONAL POLICIES RELEVANT TO THE APPLICATION Staff has identified the following goals, objectives, and policies as potentially applying to this application, decision makers should evaluate the following summaries and determine if they are applicable to the proposal and if others can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.4 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 site is adjacent to Yellowstone and is served by PRT. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.3 Support efforts to service existing vacant land within the City before extending water and sewer services to development lands outside City limits POLICY b. Infill of underutilized property shall be encouraged through the use of innovative approaches for the provision of access and utilities COMMENT The site is already served by city utilities and it can be accessed via Park Lawn. POLICY d. Public water and sanitary sewer services shall be required for all new urban development within the urban service boundary COMMENT The site is already served by city utilities. POLICY e. City annexation shall be required before public water or sanitary sewer service is provided to new development. COMMENT The site is already served by city utilities and should be annexed. OBJECTIVE 7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many residents as possible POLICY b. New water and sewer lines into unserved areas shall be provided at the developer's expense COMMENT The site is already served by city utilities. CHAPTER 14: AREA OF CITY IMPACT AND GROWTH MANAGEMENT GOAL 14.1 COOPERATIVELY MANGE REGIONAL GROWTH TO IMPLEMENT THE COMMUNITY VISION SET FORTH BY THE OUR VALLEY OUR VISION PROJECT OBJECTIVE 14.1.4 Use urbanization policies to guide annexation within USBs POLICY a. Within the USB, annexation shall be required before new development is permitted COMMENT The property should be annexed before any development occurs. POLICY b. For land within the USB, annexation may be granted when essential urban services can be delivered to the subject property COMMENT The site is already served by city utilities. Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us /ctv�\\ CHUBBUCK 1 H N H H City, of Chubbuck Land Use and Development Commission Regular Meeting December 13, 2023 6:00 PM City Hall Council Chambers 290 East Linden, Chubbuck, ID 83202 MINUTES Board Members Present: Chair Jason Mendenhall, Darell Stewart, Mike Schwartz, Adam Thayer, Brett Hiltbrand, and Bryson Smith. Staff Members Present: Attorney Ryan Lewis, Planning Manager Don Matson, Development Services Manager Sean Harris, Cominunity Services Director Devin Hillam, and City Clerk Joey Bowers. Mendenhall called the meeting to order at 6:OOpm. Mendenhall asked if any commissioners had a conflict of interest with the items before the board. Schwartz recused himself from Public Hearing #1. PLEDGE ALLEGIANCE TO THE FLAG APPROVAL OF THE MINUTES: November 14, 2023. Mendenhall entertained a motion to approve the minutes as emailed. Schwartz moved to accept the meeting minutes of November 14, 2023 as emailed; Stewart seconded. The full commission approved. PUBLIC HEARING 1. An application for a Conditional Use Permit for a convenience store in the Limited Commercial (C-1) zone on approximately 1.67 acres of land. Subject property is located at the northeast corner of Chubbuck Rd and Philbin Rd, Chubbuck, Idaho. The Comprehensive Plan Future Land Use Map designates this area as Mixed Use. The application will be reviewed against criteria in section 18.28.020.C.5 of City Code. Type of action: Decision. Dave Kennington from Sunrise Engineering represented the applicant. Mr. Kennington presented an application for a Conditional Use Permit for a convenience store in the Limited Commercial (C-1) zone on approximately 1.67 acres of land. Access would be off of Senator Way. Mr. Kennington also stated that the east approach is approximately 100' feet from the edge of Chubbuck Rd. to allow easier access for fuel trucks and other larger vehicles to not have to make a 90 degree turn into the parking lot. The north approach had been moved to 140 feet from the proposed edge of Philbin Road. This places the northern approach at the same alignment as the parking on the west side of the convenience store. These approaches/driveways do not meet adopted city standards. Access points on Senator Way should be at least 150' north of Chubbuck Rd, and 200' east of Philbin Rd. Planning Manager Don Matson stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and recommended approval with conditions. Thayer asked if Senator Way would be completed with this project. Mr. Kennington stated that it would be completed as part of this project. Mendenhall declared the public hearing open for public comment. Resident Josh Ellis, was In Favor. Mr. Ellis agreed with the application and felt like it was an appropriate location for a convenience store. Frank Nuding represented Premier Properties, was In Favor. Mr. Nuding agreed with the application and felt like it was an appropriate location for a convenience store. Resident Boyd Byrd, was In Favor. Mr. Byrd agreed with the application and felt like it was an appropriate location for a convenience store. Mr. Byrd was concerned about the Chubbuck Road and Philbin Road access points. Resident Melanie Evans, was In Favor. Mrs. Evans agreed with the application and felt like it was an appropriate location for a convenience store. Mrs. Evans was concerned about the esthetics of the proposed building and presented samples of other convenience store locations that had been built and designed to fit within the surrounding neighborhoods esthetics and not just your basic box style design. Resident Jan Vanpelt, was Opposed. Mrs. Vanpelt was concerned about walkability and the increase of traffic. Resident Julie Beckman, was Opposed. Mrs. Beckman was concerned about light pollution, increase in traffic, loss of privacy, and property values. Resident Oliver Ahmu, was Neutral. Mr. Ahmu was concerned about crime, drugs, homeless, and property values. Due to no more public comment Mendenhall closed the public hearing. Mr. Kennington stated that lighting will be installed to meet city code and that this development will not be built as a destination location but more as a convenience location to serve the traffic that already exist in the area. Mendenhall asked about the traffic study. Harris stated that the traffic study had been reviewed and was currently being revised to include peak time hours before and after school. The applicant will be required to provide the revised traffic study for review prior to the final plat. Hiltbrand asked about the revisions and if the traffic study would require right turn only access. Matson stated that the traffic study would be for the entire 10 acres and not just for the proposed 1.67 acres associated with this application. As the entire 10 acres develops it could trigger right turns only in and out of Senator Way. Mendenhall asked if the Board could put a condition on the application to require Senator Way to be built as a right turn only access. Mr. Nuding stated that it is already a requirement in the development agreement that as the entire 10 acres develops and the traffic study trigger/requires for access to be limited to right turns only, then the applicant would make those improvements onto Senator Way along Chubbuck and Philbin Roads. Hillam stated that the issue/concern would be if the condition could be justified as part of the traffic study. Hiltbrand wanted to see a traffic study before approving a conditional use permit for the application. Thayer was concerned about the access points and would like the applicant to produce other options or better justification for why these accesses do not meet the approved city standards. Mendenhall asked about the proposed esthetics of the building. Mr. Kennington stated that the applicant would be open to make adjustments to the proposed building to make it fit more esthetically within the surrounding neighborhoods. Hiltbrand gave the example of the 19`" Hole and Country Corner off of Bannock Hwy as convenience store locations that were built to fit within the neighborhoods. Thayer asked about landscaping plans. Matson stated that those plans had been reviewed by City Staff. Mendenhall suggested tabling a decision until January to allow the applicant the ability to submit landscaping plans, different options for building esthetics, access points, and a traffic study for review. Attorney Ryan Lewis asked the applicant if they would like a decision from the Board this evening or if they would be open to the Board tabling a decision until January to allow them more time to submit additional information for the Board to review. Mr. Nuding stated that they would prefer for the Board to table a decision to allow them more time to submit additional information. The Board was in favor of the project and felt like it was an appropriate location for a convenience store, but wanted additional information before approving a conditional use permit and the appropriate conditions to go along with that permit. Thayer asked if there would be another public hearing scheduled. Attorney Lewis stated that there would not be another public hearing unless the applicant made significant use changes to the proposed application. Hiltbrand motioned to table a decision to next month pending the submittal of a completed traffic impact analysis with city staff review and comments, other developer supported architectural designs/alternatives, full application submitted including landscaping plans, and justification for the southern most access onto Senator Way. Stewart seconded. With all commission members understanding the motion they voted. Roll Call Vote: Darell Stewart, Yes; Brett Hiltbrand, Yes; Adam Thayer, Yes; Jason Mendenhall, Yes; Bryson Smith, Yes; Mike Schwartz, Recused; Motion carried. The Board tools a ten minute break at 6:55 and reconvened at 7:05. 2. A proposal by city staff for initial zoning designation of property into the General Commercial (C-2) Land Use District that is proposed to be annexed into the City of Chubbuck. The subject property of approximately 4.28 acres is located at 5328 Yellowstone in Chubbuck, Idaho. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.B. Type of Action: Recommendation. Planning Manager Don Matson represented the City of Chubbuck and 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, as a future category A annexation, and recommended approval. Mendenhall asked why this applicant was submitted by the City and not the property owner. Hillam stated that City Staff had been trying to get the property owner to submit an application for over a year now and since this application meets the standards under a category A annexation. City Staff decided to move forward with an application before they lost the ability to do so. Mendenhall declared the public hearing open for public comment, due to no public comment Mendenhall closed the public hearing. Hiltbrand motioned to recommend the initial zoning as General Commercial (C-2) on 4.28 acres of land to the City Council as presented. Thayer seconded. With all commission members understanding the motion they voted. Roll Call Vote: Brett Hiltbrand, Yes; Adam Thayer, Yes; Jason Mendenhall, Yes; Bryson Smith, Yes; Mike Schwartz, Yes; Darell Stewart, Yes; Motion carried. GENERAL BUSINESS 1. An application for a preliminary plat for the Chubbuck Village Subdivision. Applicant proposes to subdivide 5.22 acres into 5 commercial/mixed use lots, l common area lot, and 1 non -buildable lot. Property is in the NE'/a of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 152 Evans Lane, Chubbuck, Idaho. Current zoning designation on the property places it in the Village (V) land use district. Application will be evaluated against standards found in municipal code section 17.12.100. Type of Action: Recommendation. Dave Kennington from Sunrise Engineering represented the applicant. Mr. Kennington presented an application for a preliminary plat for the Chubbuck Village Subdivision. The applicant proposed to subdivide 5.22 acres into 5 commerciallmixed use lots,1 common area lot, and 1 non -buildable lot. Applicant Josh Ellis gave additional information on the use and future plans for this development. Development Services Manager Sean Harris stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and IS of City Code, and recommended approval with conditions. Which included a traffic impact analysis meeting the requirements of the Bannock Transportation Planning Organization Traffic Impact Analysis Guidelines be submitted for review and approval prior to the final plat submittal. Any recommended improvements identified in the forthcoming traffic impact analysis may be required to be addressed in the construction plans. Schwartz motioned to recommend approval of a preliminary plat for the Chubbuck Village Subdivision as presented with conditions to the City Council. Smith seconded. With all commission members understanding the motion they voted. Roll Call Vote: Adam Thayer, Yes; Jason Mendenhall, Yes; Bryson Smith, Yes; Mike Schwartz, Yes; Darell Stewart, Yes; Brett Hiltbrand, Yes; Motion carried. ADJOURN: Mendenhall adjourned at 7:30. ason Mendenhall, Chairperson ey ers, City Clerk