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Home My WebLink AboutPH#1 5110 Tree Valley Rd.CHUBBUCK Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us APPLICATION FOR A TITLE MAP AMENDMENT (ZONE CHANGE) FROM AGRICULTURAL (A) TO SINGLE-FAMILY RESIDENTIAL (R-1) AT 5110 TREE VALLEY RD CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON OCTOBER 8, 2024 SUMMARY DESCRIPTION: An application for a Title Map Amendment from Agriculture (A) to Single-family Residential (R-1) on approximately 4.47 acres of land located at 5110 Tree Valley Rd 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. FINDINGS: After reviewing the application, Staff finds that it meets the requirements for placement in the Single-family Residential (R-1) Land Use District (zone). • The applicant has met City Code requirements to be heard for initial placement in a land use district. • The Comprehensive Plan Future Land Use map designates this area for Low Density Residential development, which is supported by the Single-family Residential (R-1), Limited Residential (R- 2) and Limited Residential P (R -2P) zoning district. RECOMMENDATION: Staff recommends approval of the request for R-1 zoning on the property with the following condition: • The structure on the map labeled garage includes a loft space, and prior to occupancy it must satisfy requirements of Chubbuck City Code Section 18.10 Accessory Dwelling Units. FACTS BACKGROUND: The main home on the property was built approximately 50 years ago. A smaller second home is also on site but most of the property remains undeveloped. The second building has not been occupied for some time. It is labeled garage on the attached map but also has a loft space in the top. Single-family homes border the land on three sides; all are in the Single-family Residential (R-1) zone. The property to the north was annexed in 2018 and is in the General Commercial (C-2) zone. TYPE OF APPLICATION: 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: AVYANT Roy Flores 161 Jefferson Ave 2377 Legacy Dr Pocatello, ID 83201 Pocatello, ID 83201 LOCATION: The 4.47 acre site is at 5110 Tree Valley Road. The site comprises Bannock County parcel number RCCPCO01501. COMPREHENSIVE PLAN FUTURE LAND MAP DESIGNATION: Low Density Residential (LDR) REFERENCE MAP: vim - KJ idlil) T"""D� rTRAIS 7s lir. • .,` . I ES FS AW10 ham qu 16 'Its row 1, KLAID Ire SITE CHARACTERISTICS & ZONING CURRENT ZONING: Agricultural (A) CURRENT LAND USE: Large lot single family EXISTING STRUCTURES: Two homes PROJECT SIZE: ±4.47 acres TOPOGRAPHY: Slope from NE to SW CHUBBUCKH 8 1 0 RECENT TRAFFIC COUNTS ON CHUBBUCK RD: At Buffalo Rd/Hiline Rd — 2015, 8,127/day; 2016, 8,758/day; 2020, 7,858/day. 2024, 2,887 — Chu bbuck Rd closed at 1-15 290 E Linden, Chubbuck, ID 83202 Phone 08.237.2430 www.CityofChubbuck.us SURROUNDING LAND USES AND ZONING NORTH: Vacant; General Commercial (C-2) zone EAST: Single-family homes; Single-family Residential (R-1) zone SOUTH: Single-family homes; Single-family Residential (R-1) zone WEST: Single-family homes; Single-family Residential (R-1) zone SERVICES: ACCESS STREET: Tree Valley Rd EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, 6" water main in Tree Valley Rd WASTE WATER DISPOSAL: City of Chubbuck, 8" sewer main in Tree Valley Rd PRESSURIZED IRRIGATION: N/A PROCESS PROCEDURES: 1. In accordance with City Code 18.28.050 and the current fee resolution, a complete petition and fees for a Title Map Amendment were filed with the City at least 28 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.010, the application is scheduled to be heard at 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. Notice posted on the premises; b. Mailing to owners of property within a 300 ft. radius of the site; c. Notice sent to utilities and political subdivisions providing services within the City; d. Publication in the Idaho State Journal at least 15 days prior to the hearing; 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 Code §67-6511. APPLICABLE LAWS AND PLANS: Idaho Statutes §67-6511: Zoning Ordinance Chubbuck Comprehensive Plan (as amended) Chubbuck City Code Title 18: Land Use, particularly: a. Chapter 18.08.020: District Boundaries and Land Use Map b. Chapter 18.10: Accessory Dwelling Units c. Chapter 18.28.050: Title Text and Map Amendments and Initial Zoning District Designation PUBLIC COMMENTS RECEIVED: No written comments were received from the general public as of this report. POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report 290 E Linden, Chubbuck, ID 83202 Phone 08.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 R H 0 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 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 R-1 zone supports the LDR designation on the Future Land Use Map. 2. 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 R-1 zone is "to provide for neighborhoods of single household dwellings and class I production buildings" (Title 18.08.10.B.). 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. See additional standards in EXHIBIT 2B. CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 08.237.2430 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 The parcel is in the A zone but is not being farmed. It has single-family development on 3 sides and water and wastewater mains are in the street. Although this would be a low-density development it will be a more efficient use of land and resources, and the lots will be served with city water and sewer rather than individual wells and septic tanks. 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 The change will bring the property into the same zone as adjacent parcels. POLICY 3 The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. RESPONSE The site is suitable for single-family development with the slope and drainage large lots are appropriate as they can each retain storm water on site. 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 All streets, public services, public and private utilities, and other agency services are already serving the area. POLICY S 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. CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 08.237.2430 www.CityofChubbuck.us RESPONSE The proposal furthers to goals, objectives, and policies of the Comprehensive Plan. More information can be found in EXHIBIT 3B. See additional standards in EXHIBIT 2B. Information on how the proposal relates to the Comprehensive Plan can be found in EXHIBIT 3B. STAFF SUMMARY AND RECOMMENDATION SUMMARY: • The proposal complies with the approval criteria found in section 18.28.050.8.a of City Code. • It complies with the Comprehensive Plan and is not deemed spot zoning. • The intended use/zone, R-1 with single-family homes, is appropriate for the neighborhood and the existing building. • Development of the property is required to follow all City standards and procedures. • The second building on the site is built for human occupancy and is classified as an Accessory Dwelling Unit (ADU). o As a pre-existing structure, some ADU standards such as size and location will be altered. RECOMMENDATION: Staff recommends approval of Single-family Residential (R-1) zoning for the property with one condition: • The structure labeled garage includes a loft space, and prior to any residential occupancy it must satisfy the requirements of Chubbuck City Code Section 18.10 Accessory Dwelling Units. EXHIBITS 1. Application Materials 2. Zoning and Land Use A. Current Zoning Map and Proposed Change B. Standards for Reviewing a Title Map Amendment 3. Comprehensive Plan A. Future Land Use Map B. Policies Relevant to the Application 4. Evidence of Notice A. Idaho State Journal Public Notice B. Notice to Surrounding Property Owners and Service Providers C. Properties Within 300 Feet D. Mailing List of Property Owners Within 300 Feet E. On-site Posting 5. Chubbuck City Code Section 18.10: Accessory Dwelling Units REPORT: Don Matson, MSP I AICP Staff comments in this report are based Planning Services Manager solely upon evidence available at the time dmatson@cityofchubbuck.us 1 (208) 239-3252 of the report. Additional information may be DATE: October 1, 2024 brought to light at or before the hearing. 290 E Linden, Chubbuck, ID 83202 Phone 08.237.2430 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 290 E. Linden Avenue Chubbuck,ID 83202 C HUBBUC 208.237.2430 ww it ofChubbuck us 409 1 0 1 H o 11[L TITLE AMEND- MAP (REZONE) 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 AVYANT A2. Mailing Address city 161 Jefferson Avenue State ID Zip Code 83201 A3. Phone Number (including area code) A4. Email Address 208-705-0798 avyantbsmith@outlook.com A5. Is Applicant the Owner of Record? Yes F✓ No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B — OWNER INFORMATION (IF DIFFERENT THAN PART A) 131. Name Roy Flores 132. Mailing Address 2377 Legacy Drive City State Zip Code Pocatello ID 83201 133. Phone Number (including area code) 134. Email Address 208-339-2939 Royfloresaps@yahoo.com SECTION C - SITE INFORMATION Cl. Site Address (or Location if no Address) City Zip C2. Tax Parcel #(s) Bare Ground Chubbuck 83202 RPRCCPCO01501,22311177 SECTION D — PLANNING INFORMATION D1. Gross Area D2. Comprehensive Plan Future Land Use Designation 4.47+/- Acres Residential D3. Current/Existing Land Use(s) and Structures D4. Current Zone(s) Residential with structures / Bare ground Agricultural (A) D5. Proposed Zone(s) D6. Acreage for Each Proposed Zone: Residential R-1 4.47+/- Acres D7. Proposed Land Use(s), if known: Residential subdivision to be named Casa Del Tree Valley Road 290 E. Linden Avenue Chubbuck,ID 83202 C HUBBUC 208.237.2430 ww it ofChubbuck us 409 1 o 1 H o 11[L TITLE AMEND- MAP (REZONE) APPLICATION Aug. 2021 Form PAGE 2 OF 4 SECTION E —SUBMITTAL REQUIREMENTS E1. Application Fees: $535 + $1.50/mailing (#32 of mailings) = $ 583 total E2. Affidavit of Legal Interest: To be signed by the property owner(s) if the application will be represented by someone other than the property owner E3. Warranty deed(s) showing ownership for all properties included in amendment request (if application is related to specific properties only) E4. Legal Description: May be a Lot, Block, Subdivision, Division No., or attach a copy of the Meets & Bounds description when applicable. E5. Conceptual Development Plan if the application is not accompanied by a plat or other use permit. E6. Provide legible responses to the following (use an additional sheet if necessary): 1. How is the proposal in the community's best interest? Adds to the city's tax base, creates more lots for building new homes. 2. How do the list of uses permitted by Chubbuck Municipal Code section 18.08.040 for the requested zone blend with surrounding land uses? The proposed project has single family residential to the east, west and south and is harmonious with with the single family use we are requesting. 3. How are the uses permitted in the proposed zone harmonious in terms of scale, mass, coverage, density, and intensity with adjacent land uses? As mentioned above the proposed zone being requested matches that of the surrounding areas. The lots within the project are very similar in size to those around them. F1 290 E. Linden Avenue Chubbuck, ID 83202 C HUBBUC 208.237.2430 ww it ofChubbuck us 409 i o 1 H o 11[L TITLE AMEND- MAP (REZONE) APPLICATION Aug. 2021 Form PAGE 3 OF 4 4. To you knowledge, is there anything that would prevent the site under the proposed zoning from being served by transportation routes, police, fire, EMS protection, water/sewer, schools, and other public agencies or facilities? No, there is currently an underdeveloped road that provides access to the proposed project as well as the neighbors. We will be upgrading the road frontage along our portion of land and if anything will improve the overall accessibility. 5. How is the proposed map amendment supported by the Chubbuck Comprehensive Plan? Please cite specific goals, objectives, and policies, including the future land use map, which relate to your proposal. Goal 1 to direct growth to urban infill areas, Objective 1.3 to make investment in infill and redevelopment more attractive than sprawl. Goal 2 to improve residential neighborhoods and ensure their orderly and financially sound development, Objective 2.1 to improve appearance of residential areas, Objective 2.4 to create safe, interesting, and walkable neighborhoods. 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 am aware that myself, staff, the Land Use and Development Commission, or City Council may request or require that a Zoning Development Agreement be used for the proposed map amendment and that the fee, if requested or required is $200. Information on Zoning Development Agreement is found in Chubbuck Municipal Code section 18.28.050.F. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 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. Signature I F2. Printed Name I F3. Date 5 Brady Smith 9/5/24 290 E. Linden Avenue Chubbuck,ID 83202 C HUBBUC 208.W37/v2 C30 ofChubbuck us 409 1 0 9 H o 11[1 STOP! SECTION G -FOR STAFF USE ONLY G1. COMPLETENESS REVIEW: Reviewed by: Date: Deemed complete? G2. SCHEDULED FOR LUDC: Scheduled Meeting Date: TITLE AMEND- MAP (REZONE) APPLICATION Aug. 2021 Form PAGE 4 OF 4 ❑ Yes ❑ No If no, list concern(s): Applicant Notified? Yes ❑ No Comments: Applicant Contacted? ❑ Yes ❑ No STATE OF IDAHO ) :ss County of Bannock ) Roy Flores Name Chubbuck City AFFIDAVIT OF LEGAL INTEREST 2377 Legacy Drive Address Idaho Being first duly sworn upon State Oath, depose and say: Being the owner of the property described on the attached sheet, I grant permission to: AVYANT 161 Jefferson Avenue, Pocatello ID 83201 Name Address To submit the following application(s) pertaining that property and to allow City Staff the ability to do an on-site review of the site to inspect, measure, and record information related to the application: ❑ Administrative Variance ❑ Conditional Use Permit or CUP Amendment ❑ Variance ❑ Comprehensive Plan Map Amendment ❑ Annexation & Initial Zoning Request ❑ Planned Unit Development Designation or Amendment ❑ Preliminary Plat ❑ Creative Community Designation or Amendment ❑ Final Plat ❑x Title Map Amendment (Rezone) to Residential (R-1) I agree to indemnify, defend and hold the City of Chubbuck and its employees harmless from any claims to liability resulting from any dispute as to statements contained herein or as to the ownership of the property which is the subject of the application. DATED this 5th day of September 20 24 Com. Si ature I, the undersigned, a Notary Public in and for the above-named county and state, do hereby certify that on this 5th day of September 20 24, personally appeared before me Roy Flores , known to me to be the person described in and SUBSCRIBED AND SWORE to me the day and year first written above . Given under my hand and official seal the day pcl last year above written, ASHLEY SIMONS (seal COMMISSION NO. 48731 NOTARY PUBLf - STATE OF AH _ NOTARY PUBLIC Residing at: G LW STATE OF IDAHO Commission Expires: z Instrument # 22311177 Bannock County, Pocatello, Idaho 10/23/2023 02:29:29 PM No. of Pages: 1 ' Pioneer etl�Co. Recorded for: PIONEER TITLE POCATELLO Jason C. Dixon Fee: $15.00 GOING BEYOND Deputy nbarnes Electronically Recorded 135 N. Arthur Ave. Pocatello, ID 83204 ELECTRONICALLY RECORDED -DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS PART OF THE ORIGINAL DOCUMENT File No. 838674 WARRANTY DEED For Value Received Paula R Bunce an unmarried person hereinafter referred to as Grantor, does hereby grant, bargain, sel Roy Flores, a married man as his sole hereinafter referred to as Grantee, whose current address is The following described premises, to -wit: The North 660 feet of the E 1 /2 of the W 1/2 of Range 34 East, Boise Meridian, Bannock Coul Except the South 69 feet thereof. 0, To HAVE AND TO HOLD the said Grantees(s) heirs and assigns forever. said Grantee(s), that the Grant ) is/a�, are free from all encumbraLep, those made, suffered or ddedications, easements, a�and assessments, inclu e 1 unty of BANNOCK 1/4 of Section 2, Township 6 South, 0njses,'m(it:h,,their appurtenances unto the said Grantee(s), and the sa' r tor(s) does (do) hereby covenant to and with the ie own r(G) in fee simple of said premises; that said premises e hick this conveyance is expressly made subject and , and subject to U.S. Patent reservations, restrictions, I eements, (if any) of record, and current years taxes, levies, y assessments, (if any) which are not yet due and payable, the same from all lawful claims whatsoever. ged before me on 10/23/23 by Paula Bunce Tree Valley Subdivision Part of Section 2, Township 6 South, Range 34 more particularly described as; • EastBoise Meridian, Bannock County, Idaho, Commencing at, the West 1/16corner of Section 2, Township 6 South, Range 34 East and running thence S 89°45'49" E 330.11 feet along the Latitudinal Centerline of said Section 2 to the northwest corner of a parcel described in Deed Instr. #22311177 said point being the True Point of Beginning; Thence continuing S 89°45'49" E 329.13 feet along said Latitudinal Centerline of Section 2 to the northwest corner of Bunce Subdivision Phase 3 Instr. #575376; Thence S 00°58'40" E 591.31 feet along west line of said Subdivision to the northeast corner of Jensens Cove Subdivision Instr. #21718701; Thence N 89°45'26" W 328.92 feet along north line of said Jensens Cove Subdivision to the east line of Beech Subdivision Instr. 497000004; Thence N 00°59'51" W 591.28 feet along west line of said Beech Subdivision to the Point of Beginning. Parcel contains X4.47 acres JRR / SKW September 9, 2024 Z: Ip4 ojects124069-Tree Valley SubdivisiortlLegalslTi•ee Valley St�bdivision.doc LAND v �✓ � o 15295 � OV �wART K`N/ 4880 Clover Dell 208-237-7373 Chubbzick, Idaho 83202 BART GENTA T NO. 21717223 ALEXANDER A SHORT INST. NO. 21806857 -` nit°'" o0 ouz/256.42 oLI/7— ou— / I I i I LOT 4 M/ 36,954 S.F. / 0.85 AC. rte/ ^^ / 259.91' N /M � W / cn __ J Ll1 /0 0 r �n I I I LOT 3 / 37,338 S.F. 0 M m Lu 0 00 a, Ln 1.1 W a's IN MUM I.. Wi. LILLIAN L. THOMAS INST NO. 20815317 WEST 1/16 CORNER OF SECTION 2 FOUND 5/8"ALUMIMUM CAP 2341 SEE CORNER PERPETUATION INST. NO. 21914717 FA N 0059'51 " W 469.50' 33.0' 24.0' 2.0% SLOPE STANDARD CITY ROAD SECTION 3" -ASPHALT PAVEMENT 3" - 3/4" MINUS AGGREGATE 10" - 2" MINUS BASE W/ SEPARATION FABRIC UNDERNEATH BRYANT WOLFE INST NO. 21919360 ARTHUR CRAIG QUICK INST. NO. 22309461 JESSICA L USK INST. NO. 21617941 S_ 0058'40" E 591.31', X �X 0 O�p--O / O U 334.89' u. 011- 0 O11- 0 U 0 Ol�— x x f I00 00 I / x L0 �� \ I I I I 1 o 1 d' LOT l N 0 / I 46,220 S F. REMOVE F NCE 1.06 AC W / x / I �I x o 1 J 1\C:) 9.0' SWALE 12" RIBBON CURB TYPICAL CROSS SECTION DETAIL (NOT TO SCALE) NICKELAS JENSEN INST. NO. 21802419 00 A 06N / CHICKENCOOP I � /+� N Lf1 00 00 EXISTING UTILIT LINES / z (LOCATION UNVNOWN) I �M� �M� I / CHAD CARR l X INST. NO. 21800361 Lo Ki x V STORM I o r WATER I I T L'rL'nm VICINITY MAP NEW DAY PARKWA CHUBBU u INTERSTATE 86 LINE TABLE — DIRECTION SECTION LINE — S 89000'09" W 10.96' PROPOSED BOUNDARY LINE EXISTING ZONING: AGRICULTURAL (A) o 2. PROPOSED PROPERTY LINE I 3. LOT SIZE DATA: — a REQUIRED MINIMUM: 7,000 S.F. PROPOSED EASEMENT LINE PROPOSED MINIMUM: 20,720 S.F. Iz 4. EXISTING PROPERTY LINE IZD 4.46 ACRES w I2 — EXISTING CENTER LINE — GAS, POWER, CABLE TV ETC. TO BE PROVIDED — — — — — — — — — 6. — — — — — — — — — EXISTING EDGE OF GRAVEL —X —X —X —X EAST HALF OF TREE VALLEY ROAD SHALL BE DEDICATED TO —X —X —X EXISTING FENCE LINE —X _SS—) ¢ z EXISTING SEWER LINE —SS—) O O EXISTING / PROPOSED SEWER MANHOLE EXISTING WATER LINE Nay j N�N�N� B o o • EXISTING / PROPOSED FIRE HYDRANT, WATER VALVE $vg ® EXISTING / PROPOSED WATER METER, WATER SERVICE pu 0u 0u 01j— EXISTING OVERHEAD POWER LINE rY EXISTING POWER POLE W � PROPOSED SEWER SERVICE LINE rx PROPOSED SEWER LINE ss PROPOSED SEWER MANHOLE PROPOSED FIRE LINE m , PROPOSED WATER SERVICE LINE m PROPOSED STORM LINE e PROPOSED CATCH BASIN PROPOSED CURB & GUTTER PROPOSED SIDEWALK VICINITY MAP NEW DAY PARKWA CHUBBU u INTERSTATE 86 LINE TABLE NUMBER DIRECTION DISTANCE L1 S 89000'09" W 10.96' 15.0' m ~ z ¢ z NOTES W � 8 ¢ 1. EXISTING ZONING: AGRICULTURAL (A) o 2. PROPOSED ZONING: RESIDENTIAL (R-1) I 3. LOT SIZE DATA: a a REQUIRED MINIMUM: 7,000 S.F. Orx PROPOSED MINIMUM: 20,720 S.F. Iz 4. SUBDIVISION STATS: IZD 4.46 ACRES w I2 5 RESIDENTIAL LOTS ' 5. GAS, POWER, CABLE TV ETC. TO BE PROVIDED is 6. EASEMENTS ARE 15' (FT.) WIDE UNLESS OTHERWISE NOTED 7. EAST HALF OF TREE VALLEY ROAD SHALL BE DEDICATED TO 2.0%FLAT '''1 Gv� THE CITY OF CHUBBUCK I ¢ z 4" THICK CONCRETE SIDEWALK DEVELOPER INFORMATION ROY FLORES 2377 LEGACY DRIVE POCATELLO, ID 83201 208-339-2939 Royfloresaps@yahoo.com CASA DEL TREE VALLEY SUBDIVISION OJECT LOCATED IN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO 4^ W O J O cc m ~ z ¢ z z ¢ w W � 8 ¢ a V o a o (~ o z J CD w ¢ ¢ � = = vwi z a a wCo Orx W o � o o w CD w z v w d � w CD ED,w (D o ¢ z O _ o o W � rx r m , m w � z 4^ W O J O cc Q J IZ nC Q z J W DC f1 ENS � z w OF IFQ PAUL15 HALF SIZE SCALE (12"x18') 1 INCH = 60 FEET 0 30 60 0 30 60 1 INCH = 30 FEET FULL SIZE SCALE (24"x36') z p ~ z ¢ ~Q z ¢ w W � 8 ¢ p w a V o a E3 a w a (~ o z J CD w ¢ ¢ � = = vwi z a a wCo CD s W o � o o w CD w z w CD ED,w (D o ¢ z _ o o Q J IZ nC Q z J W DC f1 ENS � z w OF IFQ PAUL15 HALF SIZE SCALE (12"x18') 1 INCH = 60 FEET 0 30 60 0 30 60 1 INCH = 30 FEET FULL SIZE SCALE (24"x36') CITY OF CHUBBUCK 290 E LINDEN AVENUE CHUBBUCK ID 83202-1802 (208) 417-7175 Receipt Na: 13.028033 Sep 9, 2024 Previous Balance; .00 PLANNING 614.50 INITIAL 'ZONE OR TITLE AMENDMEN Total: 614.50 Roy floras Previous Balance: .00 BUILDING SIGN PERMIT/10-38-11000 --_..._---.-_--- 100.00 Total; 100.00 Credit Cards Check No: 209440760 714,50 Total Applied; ---------- 714.50 Change Tendered: - .00 - -- 09/09/2024 4:33 PM customer Copy EXHIBIT 2A: ZONING AND LAND USE CURRENT ZONING MAP AND PROPOSED CHANGE 0 -a_ - i &MJPi Chubbuck Rd Garden Dr Chubbuck Zoning Districts 5ingie rami,y Resioential (R-1} Limited Residential (R-2) Limited Residential - P (R-2 P) ■ Dense Residential (R-4) Creative Community Creative Community -Northside Crossing (CC -NC) ■ Creative Community -Harvest Springs (CC -HS) Planned unit Deveiopmer%t (r'Uu) . Village (V) Agriculture (A) Limited Commercial (C-1) ■ General Commercial (C-2) Industrial (I) County Highway Cooridor (HC) EXHIBIT 213: STANDARDS FOR REVIEWING A TITLE MAP AMENDMENT State and City laws, as well as the City of Chubbuck Comprehensive Plan, guide the review of applications for changes in land use districts/zoning. Specifically: 1. Idaho Code §67-65 Local Land Use Planning Chubbuck City Code Title 18, Land Use City of Chubbuck Comprehensive Plan Our Valley Our Vision (as amended) REQUESTS•R A TITLE MAP AMENDMENT STANDARDS FOR REVIEW DELIVERY OF SERVICES: IDAHO STATUTE §67-6511.2(a) and CITY CODE SECTION 18.28.050 REQUIREMENT Consider effects of zone change upon delivery of services by any political subdivision providing public service within the city RESPONSE There are no known adverse impacts on public services. Notices were sent to each of the following agencies regarding the proposed action for their response: Bannock County Planning and Pocatello Regional Airport Development Services Pocatello Regional Transit Fort Hall Irrigation Project/ Pocatello/Chubbuck School District 25 Bureau of Indian Affairs Pocatello-Chubbuck Auditorium District Idaho Fish and Game Portneuf District Library North Bannock Fire District Southeastern Idaho Public Health COMMENT Asa courtesy, notices were also provided to Bannock County Assessor, Idaho Power, and Intermountain Gas PUBLIC NOTICE: IDAHO STATUTE §67-6511(b) and CITY CODE SECTION 18.28.010.0 REQUIREMENT Provide public notice of proposed change 1) Sign posted on site 2) Notice mailed to surrounding property owners 3) Notice sent to agencies and utilities providing services within the city 4) Legal notice published in official newspaper, and 5) Posted on city website and bulletin board RESPONSE All five notification requirements were met. COMPLIANCE WITH THE COMPREHENSIVE PLAN: IDAHO STATUTE §67-6511.2(c) and CITY CODE SECTION 18.28.050 REQUIREMENT Governing board to analyze proposed changes to ensure they are not in conflict with the policies of the Comprehensive Plan RESPONSE See Exhibit 3B for analysis of the proposal per the Goals, Objectives, and Policies in the Comprehensive Plan. NOTE If a request is found to be in conflict with the adopted plan or would result in demonstrable adverse impacts upon delivery of services, an amendment to the Comprehensive Plan may be considered. After a plan has been amended, a zoning ordinance may then be considered for amendment pursuant to paragraph (b) above. Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 08.237.2430 www.CityofChubbuck.us EXHIBIT 3A: COMPREHENSIVE PLAN FUTURE LAND USE MAP J Garden Dr J � i Land Use Designation ■ Commercial _ ,� ■ Employment High Density f' Low Density 0 6 Medium Density r Mixed Use ' Highway Chubbuck Rd Village EXHIBIT 313: COMPREHENSIVE PLAN 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. RELEVANT POLICIES FROM 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 Plan Designation Zoning District Permitted 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 R-4 - Dense 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 R-1 zoning complies 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 a. Coordinate with Bannock County to strongly protect prime agricultural lands 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 on 3 sides by developed and water and waste water are available in the street. 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 bordered on 3 sides by developed land with utilities in the street, and can be considered an infill parcel. GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 08.237.2430 www.CityofChubbuck.us 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 b. Use a combination of zoning, performance requirements, site planning, and transportation routes to create the highest level of compatibility between adjacent uses while retaining a complementary mix of possible uses within neighborhoods and communities c. Make use of PUDs to accommodate development on tracts with awkward shape or location f. Encourage residential infill in suitable locations g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT Single-family homes surround the property, it is compatible with neighbors. 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 property is not being farmed and does not appear to be prime agricultural land. However, the low density, and distance from available transit, does not support transit. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT The site is within the USB. OBJECTIVE 7.5.1 Develop and keep up-to-date, a cost-effective and environmentally sensitive stormwater facility master plan POLICY d. Limit development on steep slopes COMMENT The property has some slope but is not steep and stormwater will be retained on-site. CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.5.1 Preserve prime farmland for productive agricultural use for as long as is practical POLICY c. Discourage conversion of farmland to non-farm uses outside the USB e. Judiciously use zoning to protect agricultural and mineral resource lands COMMENT The property is not being farmed and does not appear to be prime agricultural land. 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 R-7 zone will encourage only the addition of single family homes in the area. However, larger lots will have more area available for Accessory Dwelling Units (ADUs). OBJECTIVE 10.1.3 Encourage the development of affordable housing POLICY d. Encourage residential infill and redevelopment in target areas Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 08.237.2430 www.CityofChubbuck.us COMMENT Although the property can be considered infill the large lot development will not bring affordable housing to the area unless ADUs are provided. GOAL 10.3 ENCOURAGE MORE DENSE RESIDENTIAL DEVELOPMENT PATTERNS WITHIN THE CITY OBJECTIVE 10.3.2 Encourage more dense residential developments, generally meeting the following criteria, in all areas of the city POLICY a. Single-family attached: Structures such as townhouses or rowhouses. Generally acceptable anywhere a single family residential unit is permitted b. Two-family dwellings: Generally acceptable anywhere a single-family residential unit is permitted. Encourage designs that appear to be a single unit c. Multi -family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers, and large apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks COMMENT The zone and proposed layout does not provide more dense residential development. CHAPTER 14: AREA OF CITY IMPACT AND GROWTH MANAGEMENT GOAL 14.1 COOPERATIVELY MANAGE REGIONAL GROWTH TO IMPLEMENT THE COMMUNITY VISION SET FORTH BY THE OUR VALLEY OUR VISION PROJECT OBJECTIVE 14.1.3 Use a USB to ensure that development occurs only when adequate public facilities and infrastructure are available POLICY b. The City shall use the USB to promote the efficient delivery of urban services by encouraging a compact form of urban development COMMENT The property is within the USB and city utilities are available at the site. Aii��Ic\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 08.237.2430 www.CityofChubbuck.us 559056 PROOF OF PUBLICATION Idaho State Journal State of Idaho Counties of Bannock and Caribou I, Collins Crapo first being duly sworn, depose and say: That I am the Processing Clerk employed by Adams Publishing Group of the Rockies LLC, publishers of Idaho State Journal, a newspaper of general circulation, published 4 days, Tues -Wed -Friday and Saturday, at Pocatello, Idaho. That the notice, of which a copy is hereto attached and made a part of this affidavit, was pub- lished in said Idaho State Journal and on IdahoPublicNotices.com for 1 day(s), first publication having been made on 09/21/2024 last publication having been made on 09/21/2024, and that the said notice was published in the regular and entire issue of said paper on the respective dates of publication, and that such notice was published in the newspaper and not in a supplement. Subscribed and sworn to before me, on this 23rd day of September, 2024 attached jurat STATE OF IDAHO ss. COUNTIES OF BANNOCK AND CARIBOU Notary Public My commission expires: On this 23rd day of September, 2024 before me, the undersigned, a Notary public for said state, person- ally appeared Collins Crapo, known or identified to me to be the person(s) whose name(s) is/are sub- scribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she/they executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. N CRos �p T q,Q - �BLIG - �''.��•9 07 No. rob %TF OF ID P�0`°�`• Notary Public for APG of the Rockies Residing: Idaho Falls, Idaho Commission expires: 7/Z,,9/ZS AD# 559056AD# 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 October 8, 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 Title Map Amendment from Agriculture (A) to Single-family Residential (R-1) on approximately 4.47 acres of land located at 5110 Tree Valley Rd in Chubbuck, Ida- ho. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code sec- tion 18.28.050.B. Type of Action: Recommendation. 2. An application for initial designation of property into the Single-family Residential (R-1) Land Use District (zone) that is proposed to be annexed into the City of Chubbuck. The subject property of approximately 3.12 acres is located at 12260 Hil- ine Rd, Pocatello, 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: Recom- mendation. 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.usAand-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: September 21st, 2024 (SJ848-559056) CHUBBUCK Community Services Department Planning Services Division 290 E Linden Ave, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Tuesday, October 8, 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 Tuesday, October 8, 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: Subject: An application for a Title Map Amendment (zone change) from Agriculture (A) to Single- family Residential (R-1) on approximately 4.47 acres of land. The Comprehensive Plan Future Land Use Map designates this area for Low Density Residential development. Location: The subject property is generally located at 5110 Tree Valley Rd in Chubbuck, ID. Type of Action: Recommendation to the City Council. Procedure. The Commission will consider: • Whether the proposal satisfies requirements for approval in municipal code section 18.28.050.6, as well as criteria in Idaho Statute §67-6511. • Whether the request is consistent with the City of Chubbuck Comprehensive Plan. If approved, whether the request will result in demonstrable adverse impacts upon the delivery of service by any political subdivision (city, school district, utility district, etc.) providing services. Materials Available to Review. Complete copies of the Proposal and the Staff Report to the Commission are available by contacting Don Matson, Planning Services Manager: • Email: dmatson@cityofchubbuck.us • City Hall: 290 E. Linden Avenue, Chubbuck • 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 (address above) at least 7 days prior to the hearing to be included with the staff report, and shall be considered public record. • Oral testimony concerning the proposal may be offered during the public hearing. The Commission may limit oral testimony. • Note: The Commission recommendation is forwarded to the City Council, along with public comment. The Council will consider the proposal as a business item without further public comment and no additional public hearing. Staff Report: The staff report to the Commission, including application materials and public comments, will be available to review 6 days prior to the hearing at the above address, or on the city website: • cityofchubbuck.us 4 Government 4 Land Use and Development Commission 4 Land Use Meeting Packets (left side of page) Reference Map: -- —1 Special accommodations: Any person needing special accommodation 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 4C: PROPERTIES WITHIN 300 FEET EXHIBIT 413: MAILING LIST OF PROPERTY OWNERS WITHIN 300 FEET NAME STREET CITY BOWDEN, TABITHA 812 GARDEN DR CHUBBUCK, ID 83202 BURNHAM, MITCHELL SCOTT 5119 TREE VALLEY RD CHUBBUCK, ID 83202 CARR, CHAD 780 GARDEN DR CHUBBUCK, ID 83202 CHANDLER, ROBERT F 5128 ELIZABETH AVE CHUBBUCK, ID 83202-1604 CUNNINGHAM, CASSIE 5105 ELIZABETH AVE CHUBBUCK, ID 83202 DESFOSSES, BRANDON 5109 TREE VALLEY RD CHUBBUCK, ID 83202 DIXON, JERRY O 809 GARDEN DR CHUBBUCK, ID 83202 DROGHEI, CATHY 824 MARK DR CHUBBUCK, ID 83202-1642 ELIASEN, DESIREE 5125 TREE VALLEY CHUBBUCK, ID 83202 FLORES, PETER 5102 ELIZABETH AVE CHUBBUCK, ID 83202-1604 FLORES, ROY 2377 LEGACY DR POCATELLO, ID 83201 GARTH AND ANN H SWENSON 639 W 300 N SPANISH FORK, UT 84660 REVOCABLE TRUST GENTA, BART 5177 ELIZABETH AVE CHUBBUCK, ID 83202 HUTZENBILER, LENA 804 MARK DR CHUBBUCK, ID 83202 JENSEN, NICKELAS 790 GARDEN DR CHUBBUCK, ID 83202 LEGG, JUSTIN L 5117 ELIZABETH AVE CHUBBUCK, ID 83202 LUSK, JESSICA 5129 ELIZABETH AVE CHUBBUCK, ID 83202 MATTHEWS, TOM 810 GARDEN DR CHUBBUCK, ID 83202-1651 MCCARROLL, DAVID B 5114 ELIZABETH AVE CHUBBUCK, ID 83202-1604 MOON, BRYAN 5089 TREE VALLEY RD CHUBBUCK, ID 83202 PERKINS, JOHN STEVE 5151 TREE VALLEY RD CHUBBUCK, ID 83202-1662 QUICK, ARTHUR CRAIG 5141 ELIZABETH AVE CHUBBUCK, ID 83202-1603 ROMERO, EDDIE WOODS 815 MARK DR CHUBBUCK, ID 83202 RUPP, CHRISTOPHER 11755 N BUFFALO RD POCATELLO, ID 83202 SHORT, ALEXANDER P 5165 ELIZABETH AVE CHUBBUCK, ID 83202 SIMMONS, FRANK L 814 MARK DR CHUBBUCK, ID 83202 SUTTON, MELISSA MARIE 5142 ELIZABETH AVE CHUBBUCK, ID 83202 TERRAVENTURE DEVELOPMENT LTD 475 N 300 W STE 204 KAYSVILLE, UT 84037 THOMAS, LILLIAN L 5175 TREE VALLEY RD CHUBBUCK, ID 83202-1662 TORRES, JEFFREY A 3670 US 30 POCATELLO, ID 83201 VANBRUNT, MICHAEL S 5156 ELIZABETH AVE CHUBBUCK, ID 83202 WILLIAMS, IVAN 5163 TREE VALLEY POCATELLO, ID 83202 WOLFE, BRYANT 5153 ELIZABETH AVE CHUBBUCK, ID 83202 EXHIBIT 4E: ON-SITE POSTING K, pw,2 Ax "44 EXHIBIT 5: CHUBBUCK CITY CODE SECTION 18.10: ACCESSORY DWELLING UNITS CHAPTER 18.10: ACCESSORY DWELLING UNITS SECTION: 18.10.010: Purpose 18.10.020: Ownership 18.10.030: Location 18.10.040: Size And Height 18.10.050: Parking And Access 18.10.060: Design Compatibility 18.10.070: Permit Procedures For Accessory Dwelling Units 18.10.010: PURPOSE: The purpose of this chapter is to: allow a more economic and efficient use of the City's housing supply, land, and infrastructure; provide a mix of housing that responds to changing family needs; provide a means for homeowners, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; protect neighborhood stability and property values; and maintain the appearance and character of Chubbuck's single household neighborhoods. (Ord. 823, 2021) 18.10.020: OWNERSHIP: If the proposed accessory dwelling is located in the A, R-1, R-2 or R -2P zone: A. The owner of the property on which the accessory dwelling is to be created shall occupy one or the other of the dwelling units. For the purposes of this section: 1. Owner shall mean one or more individuals who hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence; a natural or adopted parent, grandparent, child, grandchild, aunt, uncle, brother, sister, niece, or nephew of the owner of the dwelling may be considered the owner occupying one or the other of the dwelling units. 2. Owner occupancy shall mean a property owner who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and resides at the site more than six months in any given year. B. Before obtaining a building permit, a deed restriction shall be recorded requiring that either the primary unit or the accessory unit be owner occupied and that the accessory dwelling shall not be sold separately. The deed restriction shall run with the land, but may be lifted at a future time if the main dwelling and the accessory are converted back into a single residence, or the property conforms to current zoning standards. (Ord. 823, 2021) 18.10.030: LOCATION: A. An accessory dwelling unit is located on the same lot as a single household dwelling unit, either within the same building as the single household dwelling or in a detached building such as a guest house or attached to a garage. It shall not be attached to a duplex or other multi -family structure. B. An accessory dwelling unit may also be attached to or part of a non-residential structure or land use, such as a caretaker unit, parsonage, live -work unit, or loft apartment. Multiple apartments above or behind commercial space in mixed-use buildings are not considered accessory dwellings. C. Accessory dwelling units are permitted, conditionally permitted, or permitted with restrictions throughout the City, per the Schedule of General Controls; Land Uses by Districts found in 18.08.040. (Ord. 823, 2021) i8*1111L[11WVAWA0111111INIlium II A. Accessory units associated with a single household dwelling shall be smaller than and clearly subordinate to the primary dwelling unit, and no larger than one thousand (1,000) square feet in size. If the accessory dwelling will occupy one level of the home (e.g., basement), it is not feasible to use the remaining area on that level as part of the primary dwelling, and it meets all other requirements of this chapter, it may be authorized by the Director or his designee to occupy the entire level, regardless of size. B. An accessory dwelling unit associated with a non-residential structure or land use shall not be limited in size but must be smaller than, and subordinate to, the primary land use. C. If an accessory dwelling is created from new construction attached to or detached from an existing home, the height thereof shall not exceed the height of the main structure on site, or as permitted by the underlying zoning district, whichever is less. (Ord. 823, 2021) 18.10.050: PARKING AND ACCESS: A. For accessory units associated with a single household dwelling, one (1) additional off-street parking space shall be required in addition to the spaces required for the primary dwelling. Garages and carports maybe included in the required amount of off-street parking. Driveway parking spaces shall be at least ten feet (10') wide and twenty feet (20') deep. Garages must be setback from the interior edge of the sidewalk by at least twenty feet (20') to prevent vehicle overhang. B. For accessory units associated with a non-residential structure or land use, parking may be shared with the primary land use, but at least one (1) parking space shall be dedicated for each bedroom if the dwelling is greater than 1,000 square feet in size. C. A waiver to the parking requirements maybe granted by the Director subject to documentation that unusual circumstances of the occupancy will result in a reduced need for parking on the premises and will not negatively impact the neighborhood. The waiver and the circumstances allowing for the waiver will be documented in the deed restriction required in Section 18.10.020, above. D. A walkway shall be provided from the accessory unit to the street, and shall be a minimum of three feet (3') wide and shall be finished with a hard all-weather surface. (Ord. 823, 2021) 18.10.060: DESIGN COMPATIBILITY: A. In order to maintain an exterior consistent with the primary dwelling and the character of the neighborhood, or the associated non-residential structure or land use, any additions or modifications to create an accessory dwelling unit shall incorporate materials, colors, and design motifs that are compatible with and complement of the primary dwelling or land use, including siding, roofing materials, exterior colors, window trim, and roof style. If it is not feasible for the accessory dwelling to meet these requirements, an alternative design may be approved through a Design Review process. B. For accessory dwelling units attached to a house, any outside entrance must be on the side or rear. Entrance to the accessory dwelling may be located on the front building elevation of the house only if using an entrance already in existence. C. The accessory dwelling shall not be created in or from a production building, vehicle, or temporary structure. Conversion of a garage is not permitted unless the required parking can be sited legally elsewhere on the property, (Ord. 823, 2021) 18.10.070: PERMIT PROCEDURES FOR ACCESSORY DWELLING UNITS: A. Any person applying for an accessory dwelling unit shall make application as set forth in this Title and Title 15. B. If the proposed location lies in the R-1, R-2, or R -2P zone, the applicant shall, on an application form provided by the city, list the names and addresses of all owners of record of property from the outermost points where applicant's property borders the city street, for three hundred feet (300') each way from that point along and on either side of said city street(s). 1. If the accessory unit will be all or partly in the rear yard, or consists of new construction or an expansion, owners of record of property adjacent to the rear property line shall be included, 2. If all of the above described owners sign the applicant's petition for an accessory dwelling permit, then said permit shall be granted, provided all other requirements of this chapter and Title 15 of this code are satisfied. 3. If any owner of record refuses to sign the petition, the applicant shall be required to seek the issuance of a Conditional Use Permit for the accessory dwelling. C. If the proposed location lies in the A, C-2 or I zone a Conditional Use Permit shall be required. D. Any accessory dwelling unit that is attached to or associated with a primary residence shall be served by the same water, sewer, solid waste, electric, and natural gas utility connections and the same postal service address as the primary residence, unless otherwise required by the utility provider or US Postal Service. (Ord. 823, 2 02 1) EXHIBIT 5: CHUBBUCK CITY CODE SECTION 18.10: ACCESSORY DWELLING UNITS CHAPTER 18.10: ACCESSORY DWELLING UNITS SECTION: 18.10.010: Purpose 18.10.020: Ownership 18.10.030: Location 18.10.040: Size And Height 18.10.050: Parking And Access 18.10.060: Design Compatibility 18.10.070: Permit Procedures For Accessory Dwelling Units 18.10.010: PURPOSE: The purpose of this chapter is to: allow a more economic and efficient use of the City's housing supply, land, and infrastructure; provide a mix of housing that responds to changing family needs; provide a means for homeowners, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; protect neighborhood stability and property values; and maintain the appearance and character of Chubbuck's single household neighborhoods. (Ord. 823, 2021) 18.10.020: OWNERSHIP: If the proposed accessory dwelling is located in the A, R-1, R-2 or R -2P zone: A. The owner of the property on which the accessory dwelling is to be created shall occupy one or the other of the dwelling units. For the purposes of this section: 1. Owner shall mean one or more individuals who hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence; a natural or adopted parent, grandparent, child, grandchild, aunt, uncle, brother, sister, niece, or nephew of the owner of the dwelling may be considered the owner occupying one or the other of the dwelling units. 2. Owner occupancy shall mean a property owner who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and resides at the site more than six months in any given year. B. Before obtaining a building permit, a deed restriction shall be recorded requiring that either the primary unit or the accessory unit be owner occupied and that the accessory dwelling shall not be sold separately. The deed restriction shall run with the land, but may be lifted at a future time if the main dwelling and the accessory are converted back into a single residence, or the property conforms to current zoning standards. (Ord. 823, 2021) 18.10.030: LOCATION: A. An accessory dwelling unit is located on the same lot as a single household dwelling unit, either within the same building as the single household dwelling or in a detached building such as a guest house or attached to a garage. It shall not be attached to a duplex or other multi -family structure. B. An accessory dwelling unit may also be attached to or part of a non-residential structure or land use, such as a caretaker unit, parsonage, live -work unit, or loft apartment. Multiple apartments above or behind commercial space in mixed-use buildings are not considered accessory dwellings. C. Accessory dwelling units are permitted, conditionally permitted, or permitted with restrictions throughout the City, per the Schedule of General Controls; Land Uses by Districts found in 18.08.040. (Ord. 823, 2021) i8*1111L[11WVAWA0111111INIlium II A. Accessory units associated with a single household dwelling shall be smaller than and clearly subordinate to the primary dwelling unit, and no larger than one thousand (1,000) square feet in size. If the accessory dwelling will occupy one level of the home (e.g., basement), it is not feasible to use the remaining area on that level as part of the primary dwelling, and it meets all other requirements of this chapter, it may be authorized by the Director or his designee to occupy the entire level, regardless of size. B. An accessory dwelling unit associated with a non-residential structure or land use shall not be limited in size but must be smaller than, and subordinate to, the primary land use. C. If an accessory dwelling is created from new construction attached to or detached from an existing home, the height thereof shall not exceed the height of the main structure on site, or as permitted by the underlying zoning district, whichever is less. (Ord. 823, 2021) 18.10.050: PARKING AND ACCESS: A. For accessory units associated with a single household dwelling, one (1) additional off-street parking space shall be required in addition to the spaces required for the primary dwelling. Garages and carports maybe included in the required amount of off-street parking. Driveway parking spaces shall be at least ten feet (10') wide and twenty feet (20') deep. Garages must be setback from the interior edge of the sidewalk by at least twenty feet (20') to prevent vehicle overhang. B. For accessory units associated with a non-residential structure or land use, parking may be shared with the primary land use, but at least one (1) parking space shall be dedicated for each bedroom if the dwelling is greater than 1,000 square feet in size. C. A waiver to the parking requirements maybe granted by the Director subject to documentation that unusual circumstances of the occupancy will result in a reduced need for parking on the premises and will not negatively impact the neighborhood. The waiver and the circumstances allowing for the waiver will be documented in the deed restriction required in Section 18.10.020, above. D. A walkway shall be provided from the accessory unit to the street, and shall be a minimum of three feet (3') wide and shall be finished with a hard all-weather surface. (Ord. 823, 2021) 18.10.060: DESIGN COMPATIBILITY: A. In order to maintain an exterior consistent with the primary dwelling and the character of the neighborhood, or the associated non-residential structure or land use, any additions or modifications to create an accessory dwelling unit shall incorporate materials, colors, and design motifs that are compatible with and complement of the primary dwelling or land use, including siding, roofing materials, exterior colors, window trim, and roof style. If it is not feasible for the accessory dwelling to meet these requirements, an alternative design may be approved through a Design Review process. B. For accessory dwelling units attached to a house, any outside entrance must be on the side or rear. Entrance to the accessory dwelling may be located on the front building elevation of the house only if using an entrance already in existence. C. The accessory dwelling shall not be created in or from a production building, vehicle, or temporary structure. Conversion of a garage is not permitted unless the required parking can be sited legally elsewhere on the property, (Ord. 823, 2021) 18.10.070: PERMIT PROCEDURES FOR ACCESSORY DWELLING UNITS: A. Any person applying for an accessory dwelling unit shall make application as set forth in this Title and Title 15. B. If the proposed location lies in the R-1, R-2, or R -2P zone, the applicant shall, on an application form provided by the city, list the names and addresses of all owners of record of property from the outermost points where applicant's property borders the city street, for three hundred feet (300') each way from that point along and on either side of said city street(s). 1. If the accessory unit will be all or partly in the rear yard, or consists of new construction or an expansion, owners of record of property adjacent to the rear property line shall be included, 2. If all of the above described owners sign the applicant's petition for an accessory dwelling permit, then said permit shall be granted, provided all other requirements of this chapter and Title 15 of this code are satisfied. 3. If any owner of record refuses to sign the petition, the applicant shall be required to seek the issuance of a Conditional Use Permit for the accessory dwelling. C. If the proposed location lies in the A, C-2 or I zone a Conditional Use Permit shall be required. D. Any accessory dwelling unit that is attached to or associated with a primary residence shall be served by the same water, sewer, solid waste, electric, and natural gas utility connections and the same postal service address as the primary residence, unless otherwise required by the utility provider or US Postal Service. (Ord. 823, 2 02 1)