HomeMy WebLinkAboutPH #1 5297 Whitaker Rd.CHUBBUCK
1 0 A H A
Community Services Department
Planning Services Division
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
APPLICATION FOR A CONDITIONAL USE PERMIT
FOR AN ANNUAL SPOOK ALLEY AND FUND RAISER
IN THE SINGLE-FAMILY RESIDENTIAL (R-1) ZONE
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
REGULAR MEETING ON MARCH 12, 2024
SUMMARY
DESCRIPTION: An application for a Conditional Use Permit for an annual spook alley and fund raiser in the
Single Family Residential (R-1) zone on approximately 1 acre of land. Subject property is located at 5297
Whitaker Rd 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 meets the
standards established by the City for a Conditional Use Permit (CUP).
• The applicant has met City Code requirements to be heard for a CUP.
• A recurring spook alley or fundraiser is not specifically mentioned in Section 18.08.040
Schedule of General Controls; Land Uses by Districts.
o Per Section 18.08.040 General Controls by District, in such a case the Design Review
Committee or Community Services Director may determine that the proposed use should
only be allowed upon the issuance of a CUP.
• The Design Review Committee reviewed the project as required by city code and determined
that a CUP is needed for an annual event to continue in the R-1 zone.
• The Commission may approve conditions on the proposal.
• Staff recommends approval of the proposed CUP and Findings of Fact and Conclusions of Law.
FACTS
BACKGROUND: The subject property includes a barn, shed, garage/shop, fruit trees, garden space, and
pasture. The applicant has staged the event for a few years and there have been no external alterations or
construction to accommodate it. For the 2023 season the Design Review Committee issued a clearance to
continue operation, with the condition that to continue operations in the future a CUP would be
necessary.
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:
Jared Turner
5157 Canterbury
Chubbuck, ID 83202
LOCATION: The property address is 5297 Whitaker Road. It is located on the west side of the street about
half -way between Callaway Dr and Martha St.
COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION: Medum Density Residential.
REFERENCE MAP:
Call
" Subject Pro
ert =:
r f . 1
t'Mar. .
Min
!IU,qn 7711
Martha St
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: Single Family Residential (R-1)
CURRENT LAND USE: Personal storage, hobbies
EXISTING STRUCTURES: Barn, shed, garage/shop
PROJECT SIZE: 1 acre
VIEWS: Visible from all directions
TOPOGRAPHY: Generally flat
CHUBBUCK
1 0 R H 0
RECENT TRAFFIC COUNTS:
Whitaker at Chubbuck Rd:
2020, 1,356/day; 2021, 1,711/day
Whitaker at New Day Pkwy:
2016, 577/day; 2017, 648/day
New Day Pkwy east of Whitaker Rd:
2020, 5,323/day
New Day Pkwy east of Whitaker Rd:
2020, 13,712/day; 2021, 14,520/day
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
SURROUNDING LAND USES AND ZONING
NORTH: Single-family homes with acreage; Limited Residential (R-2)
EAST: Single-family homes; Limited Residential (R-2)
SOUTH: Single-family homes with acreage; Single-family Residential (R-1) and Limited Residential (R-2)
WEST: Farmland; Limited Residential (R-2)
SERVICES:
ACCESS STREET: Whitaker Rd
EMERGENCY SERVICES: City of Chubbuck
CULINARY WATER SERVICES: City of Chubbuck (future service)
SEWAGE DISPOSAL: City of Chubbuck (future service)
IRRIGATION: Property has service from Fort Hall Irrigation Project
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
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; 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. The hearing will be conducted in accordance with procedures established by City Code 18.28.010
and Resolution No. 2021-06.
PUBLIC COMMENTS: See Exhibit 7 for public comments related to the application.
POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
CHUBBUCK www.CityofChubbuck.us
1 0 R H 0
GENERAL REQUIREMENTS AND PROCEDURES
The following code regarding CUPS should be used in evaluating and weighing the application:
18.28.020.CS. Standards for Approving a CUP: 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 with the submittal (see attached), section E8:
1. The proposed use is conditionally permitted in the subject zoning district and complies with all
of the applicable provisions of city code unless modified through the conditional use permit
process.
2. The proposed use is generally not in conflict with the goals, objectives, and policies of the
adopted Comprehensive Plan.
3. The proposed use is compatible with other existing and permitted uses in the general vicinity.
4. The proposed use is harmonious in scale, mass, coverage, density, and intensity with all
adjacent permitted land uses.
5. The proposed use would not place an undue burden on transportation, police, fire and EMS
protection, water/sewer, schools, and other public facilities or agencies, in the vicinity.
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.
18.28.020.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:
Conformity to approved plans and specifications.
The Comprehensive Plan Future Land policy designates the area as Low Density Residential,
which is a category allowing for the R-1 and R-2 zones. If this event was permanent / full-time
land use it could not be deemed as conforming to the Comprehensive Plan.
Provision of open spaces, pathways, buffer strips, walls, fences, landscaping, and lighting.
No development is planned or proposed for the site at this time. Existing fences and lighting will
remain.
3. Minimizing adverse impact on other development.
The event is not permanent, operating only limited days and hours in October. Neighbors have
expressed support for the event; see Exhibit 7.
4. Controlling the sequence and timing of development.
N/A. No development is planned or proposed.
5. Assuring that development is maintained properly.
N/A. No development is planned or proposed.
6. Designating the provision of on-site or off-site public facilities or services.
No development is planned or proposed and the property does not currently have water or
wastewater service.
7. Requiring more restrictive standards than those generally required by the Code.
N/A. No development is planned or proposed.
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
CHUBBUCK www.CityofChubbuck.us
1 0 R H 0
8. Requiring the mitigation of effects of the proposed development upon service delivery to the
property by any political subdivision, including school districts.
N/A. No development is planned or proposed, only a temporary annual event. There will be no
effect on delivery of services.
STAFF RECOMMENDATION
Based on the Standards for Approving a CUP, staff recommends approval of the Findings of Fact and
Conclusions of Law and other details of the project as presented.
EXHIBITS
1. Findings of Fact and Conclusions of Law
2. Application Materials
3. Current Zoning Map
4. Comprehensive Plan
A. Future Land Use Map
B. Comprehensive Plan Policies Relevant to the Application
5. Design Review
A. Application Materials
B. Design Review Clearance
6. Evidence of Notice
A. Idaho State Journal Public Notice
B. Notice to Neighboring Property Owners
C. Notice Area Surrounding Properties
D. Mailing List of Neighboring Property Owners
E. On-site Posting
7. Comments Received
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: March 1, 2024 brought to light at or before the hearing.
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
CHUBBUCK
1 0 A H 0
LAND USE &
DEVELOPMENT COMMISSION
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
FINDINGS OF FACT & CONCLUSIONS OF LAW
A CONDITIONAL USE PERMIT FOR
AN ANNUAL SPOOK ALLEY AND FUND RAISER
IN THE SINGLE-FAMILY RESIDENTIAL (R-1) ZONE
FACTS
REQUEST: Request is for a Conditional Use Permit for an annual spook alley and fund raiser in the Single
Family Residential (R-1) zone district as required by Section 18.08.020 of Chubbuck city code.
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:
Jared Turner
5157 Canterbury
Chubbuck, ID 83202
LOCATION: The property address is 5297 Whitaker Road. It is located on the west side of the street about
half -way between Callaway Dr and Martha St.
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: Single Family Residential (R-1)
CURRENT LAND USE: Personal storage, hobbies
EXISTING STRUCTURES: Barn, shed, garage/shop
PROJECT SIZE: 1 acre
VIEWS: Visible from all directions
TOPOGRAPHY: Generally flat
SURROUNDING LAND USES AND ZONING
RECENT TRAFFIC COUNTS:
Whitaker at Chubbuck Rd:
2020, 1,356/day; 2021, 1,711/day
Whitaker at New Day Pkwy:
2016, 577/day; 2017, 648/day
New Day Pkwy east of Whitaker Rd:
2020, 5,323/day
New Day Pkwy east of Whitaker Rd:
2020, 13,712/day; 2021, 14,520/day
NORTH: Single-family homes with acreage; Limited Residential (R-2)
EAST: Single-family homes; Limited Residential (R-2)
SOUTH: Single-family homes with acreage; Single-family Residential (R-1) and Limited Residential (R-2)
WEST: Farmland; Limited Residential (R-2)
CUP Approval Form- FFCL
SERVICES:
ACCESS STREET: Whitaker Rd
EMERGENCY SERVICES: City of Chubbuck
CULINARY WATER SERVICES: City of Chubbuck (future service)
SEWAGE DISPOSAL: City of Chubbuck (future service)
IRRIGATION: Property has service from Fort Hall Irrigation Project
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 Overlay District and Criteria
c. Chapter 18.28.020 Conditional Use Permits (CUP) Procedures
PROCEDURES:
1. A design review clearance was obtained August 8, 2023 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, a public hearing was scheduled before the LUDC at the
March 12, 2024 regular meeting of the Commission.
4. 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;
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.
5. 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.
FINDINGS
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
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
CUP Approval Form- FFCL
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:
1. Conditions of Approval necessary to approve the Permit are (if any):
a. None
a
C.
2. The proposed use is conditionally permitted in the subject zoning district and complies with all
of the applicable provisions of city code unless modified through the conditional use permit
process.
3. The proposed use is generally not in conflict with the goals, objectives, and policies of the
adopted Comprehensive Plan.
4. The proposed use is compatible with other existing and permitted uses in the general vicinity.
5. The proposed use is harmonious in scale, mass, coverage, density, and intensity with all
adjacent permitted land uses.
6. The proposed use would not place an undue burden on transportation, police, fire and EMS
protection, water/sewer, schools, and other public facilities or agencies, in the vicinity.
7. The proposed use, if it complies with all conditions imposed, WILL NOT adversely affect other
properties or the environment in the vicinity to a materially greater extent than would uses
permitted outright by this Code.
ORDER: CONCLUSION AND DECISION; PERMIT TERMS
1. The Land Use and Development Commission, pursuant to the aforementioned, finds that the request
for a Conditional Use Permit as herein described, shall be APPROVED.
2. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect
to the decision in this action:
/641-o'e\
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
CUP Approval Form- FFCL
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. Unless a longer time shall be specifically established as a condition or allowance of approval, a
conditional use permit shall lapse and become automatically void one (1) calendar year following
the date on which such permit became effective, unless prior to expiration, the use has
commenced, and all conditions of the permit are satisfied.
6. CUP is non -transferable from one (1) parcel of land to another and shall run with the land and
continue to be valid upon a change of ownership of the site or structure, providing however, that
the new owner complies with the terms of the permit.
7. CUPS may be revoked by the Community Services Director at any time if it is determined that any
condition of the CUP or any other city code is being violated. Prior to revocation, the applicant
shall be afforded thirty (30) days after the date of notification of noncompliance/intent to revoke
to become compliant. Additionally, prior to revocation, the applicant shall be afforded an
opportunity for a hearing before LUDC; said hearing must be requested within ten (10) calendar
days of the date of notification of noncompliance/intent to revoke the conditional use permit.
Failure to come into compliance within thirty (30) days of the notification of noncompliance and
failure to request such a hearing will result in immediate revocation of the approved CUP and
may constitute a violation of this title.
8. 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
/944c_\
CHUBBUCK
1 0 R H 0
day of
Jason C. Mendenhall, Chair
ATTEST:
Joey Bowers, Clerk
20
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
�� -- 290 i= Lindene
8320
Chubbuck,Ip 83202 CONDITIONAL USE PERMIT
CHN X208.237.2430 --Fax 208.237.2409 (CUP) APPLICATION
MY Kwww.CityofChubbuck.us Aug. 2021 Form
UBHU PAGE 1 CSF 4
Complete applications which require review by the Lond 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 tri AMOUNT:
SECTION:A -APPLICANT:INFORMATION
Al. Name
3—A i2 it D TL4 RAl
A2. WlallingAddress 5/57
/57 CA^I -M 9U4r?— V
City C J4" e 6 I4tj< _, r State Zip code DZ_irz
A3. Phone Number (Including area code) A4. Emall Address
` ag ry- 3qD--e147_ l I i'2.-�>J_AREPTL4'zNG -e GfV'-41(—.00M
A5. Is Applicant the Owner of Record?
MYes C] 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.
City
B3. Phone Number iincludim area
State
B4.
Address
Zip Code
pVV etet re
AV
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):
7At A/ ISA / iVJs- i! /h t�,41 /a r f �q 'Y °Lws ,- worth
/A oi, G�o� h� Gcst�� .. �3�r i ��r�c.-ie!` o t e, 'At PILs-1- 3 ye t s Awe inctr��� 1?�e. •.t�J�l�o / oo�
7hkp S' pg j / tc, AA d rnr er 62477 tvAl-&ke, roar!
Xee'�& ids ee-e4 69cfv, -er, VlslYokr are a5AW irw 1 46bck du! oixe
'a T-- iV 1'57 .1"114 fe Ww lk 74AVb1 Jti Ae A J tr.4b We 040 Sell dDM0 s 411W
h0 / 0Apea/4 -�e -/P yaes7� -1a e-xise 4alLols. 77k. AA it s/464J , 4,-
Yo%+%r s dam► f WO- Pa?fAW,5)�- a C q P AD use , A' lel Ain,
5EC710N E, --SUBMITTAL REQUIREMENTS AND ATfACHIVIENTS
El. Application Fees: $ 585.00 CUP Fee
+ $„1_. Notice Fee ($1.50 x q2 required noticed — get # from staff)
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?
P" u is l bra 'Ael 16�.� j r, � „r,��. e 0a.
,Iki
.'.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
:ss
County of Bannock }
Name Address
lJ J ��1%�.�«- _ Being first duly sworn upon
City State Oath, depose and say:
Being the owner of the property described on the attached sheet, I grant permission to:
Name
Address
To submit the following application(s) pertaining that property and to allow City Staff the ability to do an on-site
review of the site to inspect, measure, and record information related to the application:
❑ Administrative Variance X Conditional Use Permit or CUP Amendment
❑ Variance ❑ Comprehensive Plan Map Amendment
❑ Annexation & Initial Zoning Request ❑ Planned Unit Development Designation or Amendment
❑ Preliminary Plat ❑ Creative Community Designation or Amendment
❑ Final Plat ❑ Title Map Amendment (Rezone) to
agree to indemnify, defend and hold the City of Chubbuck and its employees harmless from any claims to liability
resulting from any dispute as to statements contained herein or as to the ownership of the property which is the
subject of the application.
DATED this �r day of C , 20, i..
l� Signature
I, the undersigned, a Notary Public in and for the above-named county and state, do hereby certify that on
this day of r�Aoo- 20211, personally appeared before me
Ac1 e 1i S 7\,L oeY,Q S a , known to me to be the person described in and SUBSCRIBED AND
SWORE to me the day and year first written above .
Given uaJerlffl 'ha40 and official seal the day and last year above written,
(seal) = p'(ARy°: NOTARY PUBLIC - STATE OF IDAHO
' - Residing at:
cPUi3\,\G�M`��p Commission Expires: s i 2 y 12 U
No.?a. P
I11411i1i1144y14'
290 F 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.. Howls the proposed use in conformance with the goals, objectives, and policies of the adopted
Comprehensive Plan?
,7� fl j t o� das 40- refti;;{ as y A& -.I ams'"d7D,, a-- o
CAA -r ih lel Wt.
3. Now is the use compatible with other existing or permitted uses in the general vicinity? Have changes been
made to the proposal to enhance compatibility?
/vo C1144-1 !� MI? z. �ft.
ly�, j r oys e� r� vr'�e e� �✓ crC�n, cis lad. - rel
0,40w •fv. 4vA-AA/r a,,ot peol°4e V-�- 'P of vh S�c�ewrC,�
4. How is the proposed use harmonious in scale, mass, coverage, density, and intensity with all adjacent
permitted land uses?
01a—
e,Gtr ►h.Af�Y', fes.^[ Gi a -C. Kn�]� r 44 /r�/4' Z'' ��s gjty
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?
7�. po f ee=l Az5 �" v-x�fiv►� + c. pes iL 3 y4e f -S C. ^,P fbve
hie- �• �/f- ea -v --t 4 , y kLAtA ba 5 . TAke_ 97 WS etaq-Y,, 4N sc4,,-,/15 000Z111h14 Ale",
`7e� pts, &P 5.,4-. t ��r,-1��� a c. e %,e
tv/`/� dr ov�-/ e rte.
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 th�/e impacts being mitigated?
W d1ka$` Pi-rel7tll,� P14
SGS-rra^. ltg��ror� Gds�2�1"L Ali hb
/SSGreJ' or- L'v fa lRC Iti 75. .��i 7 �f f l�7Gr �/� ` s `% �4/ 7✓ e.�
aovl ^'e /A S �aYi� a ` 04, - G c. a F �':�iA r 'A'
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.
+ i hereby authorize the filing of this application and grant approval of on-site review of the development
described herein.
• I certify that I am authorized to file this application.
Prior to the hearings, a public notice sign will be hosted 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. I Atnature
r
F2. �-^Printed Name B. Date
—J-1
AP-" 14RtvL"P—_
G1. COMPLETENESS REVIEW:
Reviewed by:
Date:
G2. SCEtEDULE O FOR WDC:
Scheduled Meeting Date;
Deerned complete?
OYes 11 No Ef no, list concern(s):
Applicant Notified?
Oyes ❑No Comments:
Applicant Contacted?
11Yes []No
�-
Amr:rifle
Order No.: 3.24929"
FOR VALUE IMEMD
OFFICIAL RECORD BPID07 FEE 13MDEPUTY VH
BANNOCK COUNTY WHO RECORDED At REQUEST OF
Amerift • Not0o Ofto
461237.0 ^ 2016 Sep 01 PM 04:23:00
Electrontealy Recorded bySlmpli0ta
V)\
WARP -4 TY DRUD
T, Lamont Lewis aud Vaunita i ewis, husband and wife
the gtantor(s), do(es) hereby grant, bargait,4 sell And convey unto
Jared Turner and JM Turner, husband and wlfe
whose current address is:
5157 Conterbwy St.
Chubbwk I,d, 83202
tho grantee(s), tlne following described premises, in Bannock County, Idaho, TO WIT.
PART OF SECTION 3, TOwNSIP 6 SOUTH, RANGE 34 EAST 3301SE
IV ZOMIAN, 10ANNOCK COUNTY, IDA$O, DESCRIBED AS;
COMIIIENCING AT THE DIST QUARTER. CORNER Off` SECTION 3,
TOWNS 6 SOUTIL RANM 34 EAST AND RUNNING I [BSCE N 01°15'41."
� ..,. g. fi..LrT LOXr TIM- EAST LINO OF SAID Sr=ION 3, THMNCE S
88' 44' 19" W 35.00 VEMT TO TSE TROD ]POINT OF .4EGifiiNMG;
�ro1a. �E THMCE S $8044`19" Vit' 206.00 FEET TO T -IM WEST LINE OF VFED INSTR.
#98019552;
THWCE N 01° %5141" W 234.75 vEIM ALONG TFC` WEST LINE OF DEED
INSTR. #9801.9552 TO TBE NORTH LINE OF SM DEED;
Ti3ENOE N 89044'19" E 208.00 FP=- ALONG TM- NORTH LDiF OP'SAID��r
DBEIf, TO TIIM{A.ic,S,+ ROW 1-r' rr T a�.
T NCB S OI*IS'41" r, 2;34.-'5 F=r ALOxG TIM IgAgT-LMOP-G m— W(—&t2 acv lt:u o,� {� �, led,
-SEeTio"TO TBE POINT Or 1190 CNNING
TO HAVE AND TO HOLD the said premises, with their apptartenances urnto the
said Grmgtee, heirs and assigrna forever. And the said Grantor dove hereby covenant
to and with the paid Grantec(s), that (s)he is/are the owner(s) in fee simple of said
prendaos; that they are, free from. ail encumbrancee Except: Current Year Taxes,
co-aditiova, eoven@Lnts, restrictions, reservations, easements, rights Tial rights of way,
apparent or of record. And that (s)he wr7J. warrant and defend the same from all lawful
claims whatsoever.
Dated: August 26, 2016
f
T L''u
d2-,, � 2 j �� rqo' foo
V'aunita. Lewis
Instrument: 21612370 PageO
State of Idaho } ss
County of . 3
On this 20 day of August, 2016, Wore me, the undersigned a Notary Public in and for
said state, personally appeared. T Lamont Lewis and Vaun3ia LeWi% knownox
idoutzfled. tome to be the persons) whose narao(s) is/are subscribed to the, within
Instrument and acknowledged to mb that he/she/they executed same.
'T'i�G93 WFl + 1?, I have hereunito set my band and aimed rny' official seal the
yI,d year this ca to first above miter
ASHLEY PACKER
Kotaty P1a. tic fo 0 State of 199 Rg in Digby, Idaho NorA}itt Pl1BLTC
17esiftg btt STATE or ioAmo
Commission Expires:
Commission Expires, 09-22-21
I TE FL4r-J
TogA &C
14
� FNDpq(bfVO54'
(-L-W711
m
k
j
C,: �, i � meq. � A+*�6. 7 { :�"► ..�
Y ` 5
w,
FI
v
a
n
0
�w
N
O
N
A
2/8/24,10:47 AM Resized_20231011_201655.JPEG
https://mail.google.com/mail/u/0/#inbox?projector=l 1 /i
i�/rr� sai�sf�
L2
EXHIBIT 3:
CURRENT ZONING MAP
NOMM
4
IIIIIINE03IIIIIIIIIIIIIIII
to e[r
Ellis Elementary
lover--= +I��
G1caocC�a Op . �� _
Wh
y
16L.AW i��l- '�
INNErr _ F
�F ICalfawa ' Dr'
s
. fr
Subject Property
`�� -J
Long Park 0
rD
�L
Chubbuck Zoning Districts
ee Agriculture (A)
Single Family Residential (R-1)
Limited Residential (R-2)
Limited Residential - P (R -2P)
■ Dense Residential (R-4)
Limited Commercial (C-1)
■ General Commercial (C-2)
® Industrial (1)
■ Planned Unit Development (PUD)
■ Creative Community
■ Creative Community -Northside Crossing (CC -NC)
■ Creative Community -Harvest Springs (CC -HS)
County
■ Highway Cooridor (HC)
■ Village (V)
EXHIBIT 4A:
COMPREHENSIVE PLAN FUTURE LAND USE MAP
I
- r
Callaway Dr
CSE
Ellis Elemenl
Long Park
r�
X
C
B
Martha St
01
EXHIBIT 413:
COMPREHENSIVE PLAN POLICIES RELEVANT TO THE APPLICATION
COMPREHENSIVE PLAN CHAPTER 4: LAND USE
GOAL 4.3 PROVIDE CONVENIENT COMMERCIAL SERVICE LOCATIONS AND LIMIT THEIR ADVERSE IMPACTS
ON TRANSPORTATION SYSTEMS, RESIDENCES, AND VISUAL INTEGRITY
OBJECTIVE
4.3.1 Adopt appropriate commercial zoning to allow for a variety of commercial goods and
services at community centers, which should be located within walking distance of residents of
one or more neighborhoods
POLICY
a. Adopt appropriate Neighborhood Commercial zoning to allow small-scale commercial
development at neighborhood centers that serves the daily needs of neighborhood residents
COMMENT
The zoning will not change. The non-profit event is annual and temporary but does not harm the
integrity of the neighborhood.
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 event is annual and temporary. The use is normally not allowed in the approved zones per the
Comprehensive Plan, but the neighbors have expressed support for the project and expressed no
complaints.
CHAPTER 5: TRANSPORTATION
GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION
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
I Sidewalks have been completed along Whitaker Rd.
POLICY
I g. Provide sidewalks along both sides of all public streets
COMMENT
I Sidewalks have been completed along both sides of Whitaker Rd.
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
DESIGN REVIEW
t{ Community Services Department, Planning Division
£_ - 290 E Linden Avenue, Chubbuck, ID 83202 APPLICATION
i
208.237.2430 June 2023 Form
www.CityofChubbuck.us Page 1 of 2
Please consult the Design Review Information Sheet, city staff, or chapter 78.76 of City Code for guidance on an application.
SATE RECEIVED: Aug 20, 2023 $150 FEE PAID? ❑ Yes ❑ No CLERK INITIALS:
SECTION A — APPLICANT
Al. Name
Jared Turner
A3. Phone Number (include area code)
208-390-9429
A4. Email Address
�123jaredturner@gmail.com
A2. Mailing Address City State Zip Code
5157 Canterbury Chubbuck ID 83202
SECTION B — OWNER (IF DIFFERENT THAN APPLICANT)
B1. Name
B3. Phone Number (include area code)
B4. Email Address
B2. Mailing Address City State Zip Code
SECTION C — PROFESSIONAL SERVICES (IF ANY)
Cl. Point of Contact
C3. Phone Number (include area code)
C4. Email Address
C2. Firm Name Mailing Address City State Zip Code
SECTION D — PROJECT INFORMATION
D1. Project Name
Nightmare On Whitaker
D6. Zoning on Site
R1
D2. Site Address (or Location if no Address)
5297 Whitaker Road
D7. Project Description and Proposed Use(s)
Haunted barn fundraiser, open to the public, to raise funds for
Highland High School band program. Visitors make donations and
walk through a 5 minute spook alley.
D3. Existing Structure(s) and/or Other Conditions on Site
2000 square foot barn
D4. Size (Acres or Square Feet) of Project Area / Parcel
1 acre
D8. General Traffic, Vehicle Types Expected (include box trucks, tractor trailers)
Family passenger vehicles, parking on Whitaker road,
or in 60x80 parking area off street.
DS. Size (Square Feet) of Proposed Structure(s)
SECTION E — REQUIRED ATTACHMENTS
Include a separate document for each attachment E2 — Ell
E1. Design Review Clearance application fee - $150 ❑
E2. Vicinity map of site and surrounding area a drawn to scale, with the following elements
Item Description — check off each element Please describe features on a separate sheet if necessary.
is Project location and boundaries [a Existing off-street parking facilities, if any
Existing buildings, fences, signs, etc., and trees on site Q Access points to project site
Buildings and structures on adjacent properties 0 Access points to adjacent properties and to properties across the street
e¢J xr i
a a
Community Services Department, Planning Division
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
E3. Site Plan ® drawn to scale, with the following elements
Item Description - check off each element
DESIGN REVIEW
APPLICATION
June 2023 Form
Page 2 of 2
Please describe features on a separate sheet if necessary.
Project boundaries
Sidewalks, ADA ramps, and pedestrian route(s) to building
® Structures - buildings, loading docks, fences, signs, etc.
❑ Stormwater retention areas
® Existing structures, parking, and trees to remain on site
❑ Easements and rights-of-way
❑ Parking areas and traffic circulation patterns
❑ Above and below ground utilities and irrigation facilities
❑ Parking stalls (stalls must be at least 180 square feet)
Per ADA standards all projects require at least one accessible
space and it must be van accessible
❑ Landscape bed locations
❑ Dumpster enclosures
OR, if using trash carts instead of a dumpster, check here 52 N/A
E4. Preliminary (or final) landscaping plan (on separate sheet) ❑
I E5. Floor plan(s), include gross square footage for each floor, occupancy classification and type of construction, location of any floor drains ❑ I
E6. Detailed elevations of all sides of proposed buildings in the development, and other exterior elements such as color, materials, etc. ❑
I E7. Signage plan, showing location, size, and dimensions of each, with illustrations (separate sheet) ❑ n/a temp. Sign at Street
E8 Lighting plan, showing: 1 -locations of lighting structures and fixtures, 2 -lighting distribution on site, and 3 -lighting fixtures/type-demonstrating how
light will be aimed and shielded to prevent light trespass off the property and downward from the night sky (separate sheet/sheets) ❑ low lighting for
f E9 A list of chemicals, including cooking oils, to be stored and/or used on site (separate sheet) ❑
if proposed for disposal in the sanitary sewer system, submit proposed pretreatment method, if any (include with list of chemicals) ❑ Yes N/A
E10. A traffic analysis, following the format provided in the BTPO Traffic Impact Analysis Guidelines, Appendices A and B, or A and C, as required ❑ temporar� UE
I Ell. If the project is in the CC -HS, CC -NC, PUD, HC, or V zone, attach any required checklist or certification of compliance for the zone [:]Yes ;jjrN/A I
SECTION F- CERTIFICATION
• I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge.
• I agree to comply with all provisions of ordinances and laws governing this type of work, whether specified herein or not.
• I am aware that if this application is not complete, the Design Review Committee will not begin its review until the proposal is deemed
complete by the City upon further submission of materials.
• I hereby authorize the filing of this application and grant approval of on-site review of the development described herein.
• I certify that I am authorized to file this application.
1. ature _ �F2 Printed � F3. Date
-TLir,--,,jE/Z
LV
(I -E 2-
r ) SECTION G- FOR CITY STAFF USE ONLY
Review
Reviewed by: DMatson
Date: 8/21/23
Deemed complete? ❑ Yes ❑ No If no, list concern(s):
Ct
2023 Nightmare on Whitaker Fundraiser Operations Plan
The 2023 Nightmare on Whitaker fundraiser is intended to raise funds to replace instruments destroyed
by fire for the Highland High School band program. This spook alley fundraiser will be held at the barn at
5297 Whitaker road, Chubbuck, Idaho, from 7pm-10pm on seven evenings in October 2023: The dates
will be October 13th, 14th, 20th, 21 st, 27th, 28th, and 31 st. Visitors give a donation and are invited to take
a 5-10 minute walk through the haunted barn. We also intend to sell donuts and hot chocolate to raise
funds. The barn will be staffed by family, volunteers from the community, and several Highland High
School band students, averaging 20 volunteers per night.
. 2023 Nightmare on Whitaker Fundraiser Signatures of Support
We, the undersigned, affirm our support for the 2023 Nightmare on Whitaker fundraiser; intended to raise
funds to replace destroyed instruments for the Highland High School band program. We understand that
the spook alley fundraiser will be held at the barn at 5297 Whitaker road, from 7-10pm on seven evenings
in October 2023. The dates will be October 13th, 14th, 20th, 21 st, 27th, 28th, and 31 st. Our signatures
below will be cited by the owners in conjunction with their application to the City of Chubbuck for
temporary permission to use the property for this non-residential purpose.
Printed -Name
Signature
aik M,
P.,
■\�'�iMr
y :u
VVE4M
i
P110A "$A MM10 1
a ON M R
6, MA51-
J
/,A i
I.
; . I /h
Thank you for your support!
/ac -4-\
CHUBBUCK
1 0 A H 0
To: Jared Turner
Community Services Department
Planning Services Division
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
DESIGN REVIEW
COMMENTS FOR
CLEARANCE
From: Don Matson, Planning Manager Date: August 28, 2023
RE: Nightmare on Whitaker, 5297 Whitaker Rd
Thank you for your Design Review application and information for Nightmare on Whitaker. Below are the Design
Review Committee (Committee) comments and conditions for clearance on the project.
All numbered items are conditions of approval and must be completed at the appropriate point in the
development process. Please don't hesitate to contact me if you have any questions.
Regards,
Don Matson, Planning Manager
Phone: 208-239-3252 1 Email: dmatson@cityofchubbuck.us
Land Use and Zoning
• Finding: Single Family Residential (R-1) zone. A temporary entertainment venue is undefined in city code.
The Committee may approve a temporary deviation for a use not prohibited in City code (sections
18.08.040 table notes and 18.16.040.C.)
• Finding: This use has occurred without issue in the past and supportive signatures from neighbors have
been obtained.
1. Condition of Approval: The LUDC has the authority to approve a Conditional Use Permit for future
years' operation of the Nightmare on Whitaker at the existing location. The permit must be obtained
prior to the 2024 season.
Police / Public Safety
• Finding: No comments.
Lighting Standards
• Finding: Low level lights (i.e., tiki torches) are planned along pathways, with no permanent lights to pollute
the night sky. If permanent lights are desired in the future a building permit is required, with specifications
to prevent light trespassing to neighboring properties or upward to the night sky.
Fire Codes / EMS
• Findings: No comments.
Addressing / Display
• Finding: Nothing required.
Traffic Study Standards
• Finding: A traffic study is not required due to the temporary nature.
Street / Approach / Access Management
• Finding: No concerns due to the temporary nature of the use, no proposed changes to the existing
conditions.
Right-of-way
• Finding: N/A
Page 1
Curb, Gutter, Sidewalks / ADA
• Finding: No improvements are required for the temporary use.
On-site Traffic Circulation / Sanitation Access
Finding: No concerns. The City understands existing residential carts will be used for sanitation. If
commercial containers are needed, an enclosure meeting the city's requirements will be required.
Stormwater
Finding: No concerns. If improvements to the site (paving, expansion, buildings, etc.) occur in the future, a
stormwater design and report meeting the requirements of the PVSDM must be completed and submitted
to the City for approval.
Water / Sewer Standards
• Finding: The City understands no changes are proposed for the water and sewer services to the site. If that
is not the case, plans will need to be submitted showing the proposed changes for city approval.
Wastewater Pre -Treatment / Chemicals On-site and Disposal
• Finding: N/A.
Platting / Development Agreements
• Finding: Nothing required.
Building and Zoning Codes for Site
• Finding: N/A.
Building Design / Elevations / Floor Plans / Non -Residential Square Footage
• Finding: N/A.
Parking / Accessible Parking
• Finding: No parking standards are identified in code for temporary uses, and on -street parking is available.
Consider reserving spaces on-site, if available and suitable, for those needing close access.
Signs
Finding: One temporary sign is planned to be on-site during operations.
Landscaping
• Finding: No landscaping changes are planned for the existing site — temporary use.
Business License
• Finding: No concerns.
This clearance is not an approval of other required permits or licenses and is only an approval of authorized functions of the
Design Review Committee per Chapter 18.16 of Chubbuck Municipal Code.
If applicants disagree with the findings and conditions, they may submit a written appeal for reconsideration of the Committee.
• The Committee must respond within 10 calendar days with a final decision.
• If the applicant wants to appeal any points of the final decision to the City Council, an appeal must be filed with the City
Clerk within 10 calendar days after the Commission's final decision.
• The Council cannot consider an appeal until after it has been back to the Committee for reconsideration.
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
AD# 482973AD#
NOTICE OF PUBLIC HEARING
CITY OF CHUBBUCK, IDAHO
NOTICE IS HEREBY GIVEN that the Land Use & Develop-
ment Commission of the City of Chubbuck, Idaho, will conduct
a Public Hearing at 6:00 pm on March 12, 2024 at Chubbuck
City Council Chambers, 290 East Linden Ave., Chubbuck, Ida-
ho. Public hearings will be held with respect to the following
items:
1. An application for a Conditional Use Permit for an annual
spook alley and fund raiser in the Single Family Residential
(R-1) zone on approximately 1 acre of land. Subject property
is located at 5297 Whitaker Rd, Chubbuck, Idaho. The Com-
prehensive Plan Future Land Use Map designates this area as
Medium Density Residential. The application will be reviewed
against criteria in section 18.28.020.C.5 of City Code. Type of
action: Decision.
2. An application for a Conditional Use Permit for a school in
the Village (V) zone on approximately .17 acres. Subject prop-
erty is located at 121 Evans Ln, Chubbuck, Idaho. The Com-
prehensive Plan Future Land Use Map designates this area
as Village. The application will be reviewed against criteria in
section 18.28.020.C.5 of City Code. Type of action: Decision.
3. An application for a Title Map Amendment from Single
Family Residential (R-1) to Limited Residential (R-2) on ap-
proximately 3.55 acres located at 5450 Cole St. in Chubbuck,
Idaho. At the meeting, the Commission will consider whether
the proposal satisfies the approval criteria in municipal code
section 18.28.050.8. Type of Action: Recommendation.
Written testimony must be received by jbowers@cityofchub-
buck.us at least 7 days prior to the hearing, shall comply with
standards established in City resolution 2021-06. A complete
description of each item is available to the public on request
to jbowers@cityofchubbuck.us. Commission packets are gen-
erally available the week before the meeting at https://city-
ofchubbuck.us/land-use-commission/ or are available by
contacting the City Clerk. Any and all persons may register
comments, protests, or agreements on the hearing subjects
being considered. Oral testimony concerning these proposals
may be offered at the public hearing. Commission may limit
oral testimony.
Any person needing special accommodations to participate
in the meeting should contact the City Clerk, Joey Bowers
at jbowers@cityofchubbuck.us at least 24 hours prior to the
meeting.
Joey Bowers
City Clerk
Published: February 24th, 2024 (ISJ848-482973)
CHUBBUCK
1 0 A H 0
Community Services Department
Planning Services Division
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
March 12, 2024
NOTICE IS HEREBY GIVEN that the City of Chubbuck Land Use and Development Commission will
conduct a public hearing and deliberation at 6:00 PM on March 12, 2024 at Chubbuck City Council
Chambers, 290 E Linden Avenue, Chubbuck, Idaho. The item to be discussed is described below.
You are provided special notice of the following proposal pursuant to Idaho and City codes, as a property
owner of record within a defined distance or as a political subdivision/utility as is otherwise required by
law. The hearing will be open to the public and you are notified of your opportunity to testify in favor of,
neutral to, or against the proposal.
A public hearing will be held with respect to the following item:
An application for a Conditional Use Permit (CUP) for an annual spook alley and fund raiser, in the
Single Family Residential (R-7) zone on approximately 1 acre of land. The Comprehensive Plan Future
Land Use Map designates this area as Medium Density Residential.
Location: Subject property is at 5297 Whitaker Rd, Chubbuck, Idaho. (See map on reverse.)
Type of Action: Decision.
Materials available to the public: Complete copies of the proposal are available by contacting Don
Matson, Planning Services Manager:
o Email: dmatson@cityofchubbuck.us
o City Hall: 290 E. Linden Avenue, Chubbuck
o Phone: 208-239-3252
Providing comment: Any and all persons may register comments, protests, or agreements on the hearing
subjects being considered.
• Written testimony, including emails, must be received at least 7 days prior to the hearing, and shall
be considered public record (see address above).
• Complete staff reports will be available at City Hall 6 days before the public hearing and will be
presented to the Commission with any written testimony received prior to the deadline.
o The report will be available to review at the above address or on the city website:
o cityofchubbuck.us --> Government --> Land Use and Development Commission 4 Land Use
Meeting Packets (scroll down the page)
Oral testimony concerning the proposal may be offered during the public hearing. The
Commission may limit oral testimony.
Reference map:
e I r
E18s Efementary�
t
J a }
J
AL
Dr- Lang Fark.�, �
Callaway 01.
' 1
• IJ 1
� i t
•i �I
1
. � 1
rb
r � '
SubjectCL
Propert
J ! rr
Martha St
_ IIS MAT-�' L `
xi k
10-
kmss:-.
Procedure: The application will be reviewed by the LUDC against criteria in section 18.28.020.C.5 of City
Code. Specifically:
a. 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 CUP process.
b. The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted
Comprehensive Plan.
c. The proposed use is compatible with other existing and permitted uses in the general vicinity.
d. The proposed use is harmonious in scale, mass, coverage, density, and intensity with all adjacent
permitted land uses.
e. 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.
f. 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.
Special accommodations: Any person needing special accommodations to participate in the meeting
should contact Joey Bowers, City Clerk, at 208-237-2400 at least 24 hours prior to the meeting.
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
EXHIBIT 6C:
NOTICE AREA SURROUNDING PROPERTIES
Checked parcels were
added to mailing list
Public Notikatipn R K
Selec[ w --h fora reaw . d�. map
Addre_s
4
� 11101[-.9113
M Apply a search dist—
31- Feed
L
1�
I -I
LLLJJJ
Addressee Layer
Pare) (Taper
D
F—
FDF
PDF label 1 s4 ixhrs 20 per page
-
LJ
32 addnassea. found; do yoo waMlo contm-7
Downloa
EXHIBIT 6D
MAILING LIST OF NEIGHBORING PROPERTY OWNERS
NAME
STREET
CITY
BRISCOE, DOUGLAS L
5344 KYMBALL AVE
CHUBBUCK, ID 83202
BUTLER, KAYLI D
5345 KYMBALL DR
CHUBBUCK, ID 83202
BYBEE, BRYCE WALTER
5324 KYMBALL AVE
CHUBBUCK, ID 83202
D & W INVESTMENTS 301 LLC
PO BOX 261
HEBER, UT 84032
DARREL AND DIXIE ASHTON
REVOCABLE LIVING TRUST
FIN LAY, NATHANAEL ALLEN
5369 WHITAKER RD
5315 KYMBALL AVE
POCATELLO, ID 83202-1649
CHUBBUCK, ID 83202
FRASER, DANNY R
5253 WHITAKER RD
CHUBBUCK, ID 83202-1617
HARRIS, ZACHARY R
502 MARTHA ST
CHUBBUCK, ID 83202
HOLM, RYAN
5335 KYMBALL
CHUBBUCK, ID 83202
KELLER, RICK D
5215 WHITAKER RD
CHUBBUCK, ID 83202-1617
MERRILL, JAMES W
5265 KYMBALL AVE
CHUBBUCK, ID 83202
MILLER, STEVIE M
5274 KYMBALL AVE
CHUBBUCK, ID 83202
MITCHELL, ISAAC J
5285 KYMBALL AVE
CHUBBUCK, ID 83202
PENROD, DAVID
540 MARTHA
CHUBBUCK, ID 83202
PERKINS, JOHN CHARLES
5351 WHITAKER RD
CHUBBUCK, ID 83202
PHILLIPS, JOEL D
PO BOX 2986
POCATELLO, ID 83206
PIEPER, CHRIS
5245 KYMBALL AVE
CHUBBUCK, ID 83202
POPE, HEIDI L
5273 N WHITAKER
CHUBBUCK, ID 83202
RICHARDSON, DARWIN
5225 KYMBALL AVE
CHUBBUCK, ID 83202
SAUNDERS, SAMUEL
5305 KYMBALL AVE
CHUBBUCK, ID 83202
SHIOZAWA, GEORGE KENT
5321 WHITAKER RD
CHUBBUCK, ID 83202
SHIOZAWA, MATTHEW
5328 YELLOWSTONE AVE
POCATELLO, ID 83202
SHIZAWA, GEORGE KENT
5321 WHITAKER RD
CHUBBUCK, ID 83202
SONICO FAMILY LIVING TRUST
3808 MIRA LOMA DR
CAMERON PARK, CA 95682
TURNER, JARED
5157 CANTERBURY ST
CHUBBUCK, ID 83202
WILKER, BEVERLY
5234 KYMBALL AVE
CHUBBUCK, ID 83202
WOOD, DANA
WRIGHT, JOHN A
5235 KYMBALL
5254 KYMBALL
CHUBBUCK, ID 83202
CHUBBUCK, ID 83202
All names and addresses retreived from current Bannock County Assessor data
rhrs Propel
"biact W/l/ be The
of future
ti
I
2/27/24, 4:53 PM Land use hearing for property at 5297 Whitaker Rd, Chubbuck, ID - Don Matson - Outlook
Land use hearing for property at 5297 Whitaker Rd, Chubbuck, ID
Beverly Wilker <wilkerbe@juno.com>
Tue 2/27/2024 4:23 PM
To:Don Matson <dmatson@cityofchubbuck.us>
Sent from my iPad
would like to go on the record as being in favor of the conditional use permit for an annual spook alley
and fund raiser for the property at 5297 Whittaker Rd, Chubbuck ID. The family has had them in the
past, and I've heard nothing but positive comments from people who've attended it. I also love that they
donate the money earned to charitable entities. Thank you.
Beverly Wilker
5234 Kymball Ave
Chubbuck ID 83202
CAUTION: This email originated from outside the organization
unless you recognize the sender and know the content is safe.
Do not click links or open attachments
about:blank?windowld=SecondaryReadingPane3 1/1
2/28/24, 9:58 AM
Public Hearing March 12th - Spook Alley - Don Matson - Outlook
Public Hearing March 12th - Spook Alley
HEIDI POPE <hpope844@gmail.com>
Wed 2/28/2024 9:57 AM
To:Don Matson <dmatson@cityofchubbuck.us>
City of Chubbuck Land Use Commission
I am writing in FAVOR of the Conditional use permit for the Spook Alley. My property borders the
subject property 5297 Whitaker Road to the south. The Spook Alley has been a fun and positive
attraction to the Halloween Season. The Turners have recruited many volunteers to help prepare and
run the attraction. There are both youth and adults participating. I have had NO trouble with the
crowds, parking, noise, litter. The Turners have been very respectable with ending the event at a
reasonable hour. They have cleaned up after the crowds and this has not been a burden on myself or
property. It is a pleasure to hear people having fun. It is nice to see the creativity and joint efforts of
the community to pull this off each year. Please vote in Favor of the Conditional Use Permit to
continue involvement and the opportunity to give back.
Sincerely,
Heidi Pope
5273 Whitaker Road
CAUTION: This email originated from outside the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
about:blank?windowld=SecondaryReadingPane19 1 /1
3/5/24,2:01 PM
Mail - Don Matson - Outlook
Conditional Use Permit for annual spook alley and fund raiser on Whitaker - agreement
Tisha Finlay <tishafinlay@gmail.com>
Tue 3/5/2024 12:53 PM
To:Don Matson <dmatson@cityofchubbuck.us>
To Whom It May Concern,
I want to register a comment in favor of the conditional use permit for the annual spook alley and
fund raiser at 5297 Whitaker Rd in Chubbuck.
My family and I own a home on Kymball Ave, with our backyard facing Whitaker. The spook alley is
almost directly behind us. We have enjoyed the opportunity each autumntime to have the
neighborhood come together in service and fun as the Jared & Jill Turner family host the annual spook
alley and fund raiser. Our kids have participated in helping staff the spook alley, giving them an
opportunity to see the other side of fear - learning that they can conquer their fears of all things scary
that come with Halloween, as well as have fun while providing a way to help others with a fund raiser.
They get to serve while having fun and making lifelong memories.
I've never been bothered by the noise or extra vehicles parking alongside the street. I'm happy that
they are providing an opportunity for kids to participate and learn to work together. Jared & Jill are
excellent leaders and have always provided a safe environment. I trust them completely with my
children and in our neighborhood.
hope you will grant the conditional use permit for this use, and state my full agreement on this.
Thank you for your time.
Tisha Finlay
(801)420-8067
5315 Kymball Ave, Chubbuck, ID 83202
CAUTION: This email originated from outside the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
https://outlook.office.com/mail/inbox/id/AQMkADdjMT14NWE3LTA5YzMtNDIlYS1 hOTY1 LW13MjcwNTlkNjFhMABGAAADcJQCoBEPgE6%2F6bAnxYl... 1/1