HomeMy WebLinkAboutPH#1 5114 Hawthorne Rd.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 A DAYCARE CENTER IN THE LIMITED RESIDENTIAL (R-2) ZONE
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
REGULAR MEETING ON NOVEMBER 12, 2024
SUMMARY
DESCRIPTION: An application for a Conditional Use Permit for a daycare center in the Limited Residential (R-2)
Zone, at 5114 Hawthorne Rd in Chubbuck, ID. The proposal would allow the neighboring business, Cookies
n Milk Daycare, to expand by converting an existing home into part of the commercial daycare business.
The Comprehensive Plan Future Land Use Map designates this area as Mixed Use. The application will be
reviewed against criteria in section 18.28.020.C.5 of City Code. Type of Action: Decision.
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).
Commercial daycare businesses are conditionally permitted in the Limited Residential (R-2) zone.
The Design Review Committee has reviewed the site plan against technical requirements of the
City as required by city code and requested revisions from the developer; the committee’s
recommendations are reflected in this report. The Committee did not approve the use and only
reviewed technical requirements:
o The committee directly reviews and approves such details as parking, landscaping, access,
utility services, and sanitation.
o The Land Use and Development Commission may approve other or more stringent
conditions on the proposal.
The applicant has met City Code requirements to be heard for a CUP.
Staff recommends approval of the proposed CUP and Findings of Fact and Conclusions of Law.
with the following conditions:
o Seasonal delayed improvements, including stormwater completion, landscaping updates,
and parking lot paving, must be completed by June 1, 2025.
o Submit Short Plat application no later than March 1, 2025.
FACTS
BACKGROUND: In 2022 the zoning on the neighboring property, 5122 Hawthorne, was changed to Limited
Commercial (C-1) to permit a daycare business on site. As demand for daycare has gown, the applicants
would like to purchase this neighboring home, 5114 Hawthorne Rd, and use it as an expansion of the
business. In case the house were to be converted back to residence in the future, no change to the zoning
or the building’s exterior are planned at this time.
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
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
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:
Cort and Aubrey Naasz
4636 Pahsimeroi Dr
Chubbuck, ID 83202
OWNER:
Lindsay Kay Covington
5114 Hawthorne Rd
Chubbuck, ID 83202
LOCATION: The site is at 5114 Hawthorne Rd, comprising .46 acres. Parcel number RCCPC022602.
REFERENCE MAP:
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: Limited Residential (R-2)
CURRENT LAND USE: Single-family home
EXISTING STRUCTURES: House
PROJECT SIZE: .46 acres, conversion of home
IRRIGATION: No water rights through the Fort
Hall Irrigation Project
TOPOGRAPHY: Relatively flat
RECENT TRAFFIC COUNTS:
Hawthorne Rd at Homestead Rd:
2022, 3,295/day; 2109, 3,246/day
Hawthorne Rd at Chubbuck Rd:
2024, 6,553/day; 2021, 8,439/day
SURROUNDING LAND USES AND ZONING
NORTH: Daycare and single-family home; Limited Commercial (C-1)
EAST: Stuart Park; Limited Residential (R-2)
SOUTH: Undeveloped parcel and single-family homes; Limited Residential (R-2)
WEST: Vacant parcel, four-plexes, single-family home; Planned Unit Development (PUD) and Limited
Residential (R-2)
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION: Mixed Use
SERVICES:
ACCESS STREET: Hawthorne Rd; Canal St/James Ave is close by.
EMERGENCY SERVICES: City of Chubbuck
CULINARY WATER SERVICES: City of Chubbuck
SEWAGE DISPOSAL: City of Chubbuck
PROCESS
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. 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: No written comments were received as of this report.
POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report.
GENERAL REQUIREMENTS AND PROCEDURES
The following code regarding CUPs should be used in evaluating and weighing the application:
18.28.020.C5. Standards for Approving a CUP: A CUP may only be approved if the Commission makes
affirmative findings of fact on each of the following standards. These are addressed by the applicant with
the attached application, section E8:
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
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:
1. Conformity to approved plans and specifications.
The Comprehensive Plan Future Land policy designates the area for Mixed Use development,
which is supported by the residential zones (R-1, R-2, R-2P, R-3, and R4( and the Limited
Commercial (C-1) zone.
2. Provision of open spaces, pathways, buffer strips, walls, fences, landscaping, and lighting.
N/A. This is a smaller site redevelopment.
3. Minimizing adverse impact on other development.
The building and exterior will remain to resemble a house, so there will be less visible impact.
However, there will be an increase in traffic and parking will be added at the rear of the site.
4. Controlling the sequence and timing of development.
N/A. Conversion of existing building that already has public services.
5. Assuring that development is maintained properly.
The building will become part of the neighboring business – the owner maintains the property and
is expected to do the same with this expansion..
Maintenance on the canal bank and within the canal easement on the rear of the property is
difficult with this and nearly all other properties along canals in the city.
6. Designating the provision of on-site or off-site public facilities or services.
There are no outstanding issues.
7. Requiring more restrictive standards than those generally required by the Code.
The development is adhering to higher and more restrictive standards than are normal
requirements for the R-2 zone with enhanced landscaping and fencing to enclose play areas.
8. Requiring the mitigation of effects of the proposed development upon service delivery to the
property by any political subdivision, including school districts.
No comments have been received from utilities, the school district, or other political subdivisions.
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
STAFF RECOMMENDATION
Based on the Standards for Approving a CUP, and Conditions for Approval above, staff recommends
approval of the Findings of Fact and Conclusions of Law, with the proposed use, site plan, and other
details of the project as presented, and with the following conditions:
Seasonal delayed improvements, including stormwater completion, landscaping updates, and
parking lot paving, must be completed by June 1, 2025.
Submit Short Plat application no later than February 1, 2025.
EXHIBITS
1. Findings of Fact and Conclusions of Law
2. Application Materials
a. CUP Application
b. Design Review Clearance
c. Design Review Response
3. Design Review Application Materials
4. City Code Title 18: Current Zoning Map
5. Comprehensive Plan
A. Future Land Use Map
B. Comprehensive Plan Policies Relevant to the Application
6. Public Hearing Notices
A. Idaho State Journal Public Notice
B. Notice to Neighboring Property Owners
C. Notice Area Surrounding Properties
D. Mailing Lists of Neighboring Property Owners and Public Agencies
E. On-site Posting
REPORT:
Don Matson, MSP | AICP
Planning Manager
dmatson@cityofchubbuck.us | (208) 239-3252
Staff comments in this report are based
solely upon evidence available at the time
of the report. Additional information may be
brought to light at or before the hearing. DATE: November 6, 2024
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 A DAYCARE CENTER
IN THE LIMITED RESIDENTIAL (R-2) ZONE
FACTS
REQUEST: Request is for a Conditional Use Permit a for daycare center in the Limited Residential (R-2) Land
Use 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:
Cort and Aubrey Naasz
4636 Pahsimeroi Dr
Chubbuck, ID 83202
OWNER:
Lindsay Kay Covington
5114 Hawthorne Rd
Chubbuck, ID 83202
LOCATION: The site is at 5114 Hawthorne Rd, comprising .46 acres. Parcel number RCCPC022602.
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: Limited Residential (R-2)
CURRENT LAND USE: Single-family home
EXISTING STRUCTURES: House
PROJECT SIZE: .46 acres, conversion of home
IRRIGATION: No water rights through the Fort Hall
Irrigation Project
TOPOGRAPHY: Relatively flat
RECENT TRAFFIC COUNTS:
Hawthorne Rd at Homestead Rd:
2022, 3,295/day; 2109, 3,246/day
Hawthorne Rd at Chubbuck Rd:
2024, 6,553/day; 2021, 8,439/day
SURROUNDING LAND USES AND ZONING
NORTH: Daycare and single-family home; Limited Commercial (C-1)
EAST: Stuart Park; Limited Residential (R-2)
SOUTH: Undeveloped parcel and single-family homes; Limited Residential (R-2)
WEST: Vacant parcel, four-plexes, single-family home; Planned Unit Development (PUD) and Limited
Residential (R-2)
CUP Exhibit 1
FFCL
CUP Approval Form- FFCL
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION: Mixed Use
SERVICES:
ACCESS STREET: Hawthorne Rd; Canal St/James Ave is close by.
EMERGENCY SERVICES: City of Chubbuck
CULINARY WATER SERVICES: City of Chubbuck
SEWAGE DISPOSAL: City of Chubbuck
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 October 2, 2024 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
November 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
CUP Exhibit 1
FFCL
CUP Approval Form- FFCL
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
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.
Seasonal delayed improvements, including stormwater completion, landscaping
updates, and parking lot paving, must be completed by June 1, 2025.
b. Submit Short Plat application no later than February 1, 2025.
c.
d.
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:
CUP Exhibit 1
FFCL
CUP Approval Form- FFCL
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
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 _______ day of ______________, 20____.
__________________________________
Jason C. Mendenhall, Chair
ATTEST:
__________________________________
Joey Bowers, Clerk
CUP Exhibit 1
FFCL
10/14/24 DM/KL $754.00o
Lindsay Kay Covington
5114 Hawthorne Rd
Chubbuck ID 83202
CUP Exhibit 2a
CUP Application
CUP Exhibit 2a
CUP Application
CUP Exhibit 2a
CUP Application
DM
x
x
x
Applicant contacted for additional materials
11/12/24
10/14/24
All additional materials received-
CUP Exhibit 2a
CUP Application
CUP Exhibit 2a
CUP Application
CUP Exhibit 2a
CUP Application
CUP Exhibit 2a
CUP Application
CUP Exhibit 2a
CUP Application
CUP Exhibit 2a
CUP Application
CUP Exhibit 2a
CUP Application
CUP Exhibit 2a
CUP Application
1,500 sf
CUPExhibit2aCUPApplication
CUP Exhibit 2a
CUP Application
Community Services Department
Planning Services Division
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
DESIGN REVIEW
CLEARANCE:
CONDITIONS
OF APPROVAL
[Type here]
To: Cort and Aubrey Naasz
4636 Pahsimeroi Dr
Chubbuck ID 83202
RE: Cookies N Milk Expansion
5114 Hawthorne Rd
From: Don Matson, Planning Manager
Date: October 2, 2024
Thank you for your Design Review application for your expansion of Cookies N Milk. Below are the Design
Review Committee comments and conditions for clearance on your project. All conditions of approval
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, AICP
Planning Services Manager
Phone: 208-239-3252 | Email: dmatson@cityofchubbuck.us
Business Licensing
Conditions for Approval:
a. Business expansions need to update licenses. Contact Alexis Thompson, Deputy Clerk,
approximately 2 weeks before opening to acquire city business license:
athompson@cityofchubbuck.us, or 208-237-2430 ext. 109.
b. Certain business licenses require additional time.
Fire Codes / EMS
Conditions for Approval:
a. Final fire inspection
b. Fire alarm
c. Knox Box
Addressing / Display
Conditions for Approval:
a. The address for the new building/expansion to remain the same, 5114 Hawthorne Rd.
Police / Public Safety
Findings:
a. No concerns at this time
CUP Exhibit 2b
DR Clearance
DESIGN REVIEW CLEARANCE
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
Land Use and Zoning
Findings:
a. Property is in the Limited Residential (R-2) zone; use is Conditional - a CUP is required
from the Land Use and Development Commission.
Conditions for Approval:
a. Address all issues from this Design Review Clearance memo in a letter as part of the CUP
application.
b. Commission may require additional improvements as conditions of approval.
Traffic Study Standards
Findings:
a. No concerns at this time.
Street / Approach / Access Management
Findings:
a. No concerns at this time.
On-site traffic circulation / sanitation access
Findings:
a. See parking discussion below.
Stormwater
Conditions for Approval:
a. The proposed stormwater system requires a new report and design in accordance with
the PVSDM.
The new building/expansion should be considered the second phase of the
previous work, it pushes the project over the size thresholds.
Water / Sewer Standards
Findings:
a. No concerns at this time.
Wastewater Pre-Treatment / Chemicals On-site and Disposal
Findings:
a. No concerns at this time. Staff will follow-up at a later date.
Curb, Gutter, Sidewalks / ADA
Findings:
a. No concerns at this time.
Platting / Development Agreements
Findings:
a. The property is unplatted.
Conditions for Approval:
a. Short plat with development agreement is required.
CUP Exhibit 2b
DR Clearance
DESIGN REVIEW CLEARANCE
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
Building and zoning codes for site
Conditions for Approval:
a. Conditional Use Permit required before obtaining building/renovation permits. See Land
Use and Zoning, above.
b. Demonstrate resolution of these Design Review Clearance conditions with the relevant
permits from the Building Department.
c. Coordinate with Building Dept. for proper tenant improvement/modification permits.
Building Design / Elevations
Findings:
a. No concerns at this time; there is no change to exterior of house – remains in design
fitting for neighborhood.
Floor Plans / Non-Residential Square Footage
Findings:
a. Ground floor square footage approx. 1,500 square feet.
b. Living room and bedrooms (2) will be used as classrooms, large closet at front of building
will be office or storage.
Lighting Standards
Findings:
a. Plan is to use existing lights on the home exterior. No immediate plans for changes or
additions.
Conditions for Approval:
a. Maintain existing exterior lighting as stated in the application and ensure that any future
lighting fixtures are designed and placed to prevent light trespass off-site. City Code
requires that no light trespass occurs upwards into the nighttime sky and so both
elements, trespass off-site and trespass upwards will be verified as a condition of
approval for a certificate of occupancy.
Parking / Accessible Parking
Findings:
a. Rear part of lot will be used for parking, also potential with existing driveway/carport.
b. The required parking for 3 new classrooms is 6 parking spaces.
Conditions for Approval:
a. Code requires parking area to be paved.
b. Parking stalls shall be at least 180 sq feet per city code – 9x20, 10x18, etc., and to be
verified as a condition of approval for certificate of occupancy.
Parking area must have ample room for cars to maneuver in and out of spaces.
c. ADA standards require a van-accessible space near the entrance to the building.
Signs
Findings:
a. No sign is proposed at this time. In the R-2 zone signs may be mounted on a wall, up to
12 square feet. Window signs are permitted. A monument sign, maximum 4’ high and 8’
wide’ may be permitted via a Design Review Clearance. [Chubbuck Municipal Code
15.24.020: Additional Location, Size and Other Standards as amended 2023, Ord. 863]
CUP Exhibit 2b
DR Clearance
DESIGN REVIEW CLEARANCE
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
Landscaping
Findings:
a. Existing landscaping, front lawn, provides the required space and tree in the frontage and
some shrubs.
Conditions for Approval:
a. Submit a final plan prior to or concurrent with building permit application; plan must be
approved before building permit issued. Designate existing and new shrubs to be
included in final plan – 10 are required.
b. Landscaping must be completed prior to issuing C of O.
Appeals - Pursuant to Section 18.16.050 of City Code:
G. If an applicant disagrees with the written findings of the Committee, then the applicant must, prior to
making an appeal to the Council, submit a request to reconsider in writing, stating the specific requirements
with which the applicant takes issue. The Committee shall review and respond to the request for
reconsideration within ten (10) calendar days.
H. Decisions of the Committee may be appealed to the City Council, provided the applicant has
properly made a request to reconsider as set forth above. Any appeal must be filed within ten calendar (10)
days of the date of the Committee’s final decision. At the Council meeting to review the appeal, both the
applicant and members of the Committee may provide testimony to the Council, and the Council may
reverse, affirm, or modify any decision of the Committee.
CUP Exhibit 2b
DR Clearance
Outlook
Re: CUP Application - deed
From Aubrey Naasz <aubnaasz@gmail.com>
Date Tue 10/15/2024 1:33 PM
To Don Matson <dmatson@cityofchubbuck.us>
Regarding stormwater, parking lot, and short plat - we are asking for a little extra time frame with
those due to the winter season coming. We would still like to open business late November
early December.
*Stormwater is in the works, Paul just didn't want to finish until after the council meeting and approval.
Also close on the home.
*Parking lot will be cleared of all weeds and gravel added until Spring when it is warm enough to pour
asphalt.
* Short Plat is in the works, also waiting until after meeting and approval - and close on home. ( not
wanting to pay 5k until we own it)
Landscaping - as soon as we own the home - set to close mid November if council meeting is
approved we will clean the yard up 100% before snow hits..... Bushes and plants will be planted in
Spring time. Approximately ( April/ May )
Thank you!
On Tue, Oct 15, 2024 at 1:16 PM Don Matson <dmatson@cityofchubbuck.us> wrote:
Sorry for the kinda weird email below. Trying to do too many things at the same me.
Regards,
Don Matson | Planning Manager
City of Chubbuck
290 E Linden Avenue
Chubbuck, ID 83202
Phone- 208-239-3252
From: Don Matson <dmatson@cityofchubbuck.us>
Sent: Tuesday, October 15, 2024 1:12 PM
To: Aubrey Naasz <aubnaasz@gmail.com>
Subject: Re: CUP Applica on - deed
Back to your fist email in this chain -
Regarding stormwater, parking lot, and short plat- in the Design Review clearance the stormwater study/design,
parking lot design, and short plat would need to be complete before a buildinig permit could be issued (tenant
improvement permit). Also a final landscaping plan before the building permit.
CUP Exhibit 2c
DR Response
CUP Exhibit 2c
DR Response
1,500 sf
CUP Exhibit 2c
DR Response
EXHIBIT 2C:
DESIGN REVIEW RESPONSE
LANDSCAPING PLAN
5114 Hawthorne
Daycare CUP
EXHIBIT 2C:
DESIGN REVIEW RESPONSE
BUILDING ELEVATIONS
5114 Hawthorne
Daycare CUP
EXHIBIT 2C:
DESIGN REVIEW RESPONSE
BUILDING ELEVATIONS (EXTERIOR)
5114 Hawthorne
Daycare CUP
CUP Exhibit 2c
DR Response
Traffic Revision
CUP Exhibit 2c
DR Response
Traffic Revision
CUP Exhibit 2cDRResponseTrafficRevision
CUP Exhibit 2cDRResponseTrafficRevision
CUP Exhibit 2cDRResponseTrafficRevision
CUP Exhibit 2cDRResponseTrafficRevision
CUP Exhibit 2cDRResponseTrafficRevision
CUP Exhibit 2cDRResponseTrafficRevision
CUP Exhibit 2cDRResponseTrafficRevision
CUP Exhibit 2cDRResponseTrafficRevision
CUP Exhibit 2cDRResponseTrafficRevision
CUP Exhibit 2cDRResponseTrafficRevision
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CUP Exhibit 3
DR Application Materials
Don Matson
More info needed on traffic study,floor plan/rooms.Need sign and lighting info.9/11/24
x
9/23/24 Required information received by email on 9/20
CUP Exhibit 3
DR Application Materials
CUP Exhibit 3
DR Application Materials
CUP Exhibit 3
DR Application Materials
CUP Exhibit 3
DR Application Materials
CUP Exhibit 3
DR Application Materials
CUP Exhibit 3
DR Application Materials
CUP Exhibit 3DRApplicationMaterials
CUP Exhibit 3
DR Application Materials
CUP Exhibit 3
DR Application Materials
CUP Exhibit 3
DR Application Materials
1,500sfCUP Exhibit 3DRApplicationMaterials
CUP Exhibit 3
DR Application Materials
CUP Exhibit 3
DR Application Materials
CUP Exhibit 3
DR Application Materials
CUP Exhibit 3DRApplicationMaterials
CUP Exhibit 3DRApplicationMaterials
CUP Exhibit 3DRApplicationMaterials
CUP Exhibit 3DRApplicationMaterials
CUP Exhibit 3DRApplicationMaterials
CUP Exhibit 3DRApplicationMaterials
CUP Exhibit 3DRApplicationMaterials
CUP Exhibit 3DRApplicationMaterials
CUP Exhibit 3DRApplicationMaterials
CUP Exhibit 3DRApplicationMaterials
EXHIBIT 4:
CURRENT ZONING MAP
5114 Hawthorne
Daycare CUP
Chubbuck Zoning Districts
Subject
Property
R-2
C-1PUD
R-2
Stuart
Park
EXHIBIT 5A:
COMPREHENSIVE PLAN FUTURE LAND USE MAP
5114 Hawthorne
Daycare CUP
Land Use Designation
Subject
Property
Stuart
Park
Low Density
Medium Density
High Density
Mixed Use
Mixed Use
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
EXHIBIT 5B:
COMPREHENSIVE PLAN POLICIES RELEVANT TO THE APPLICATION
COMPREHENSIVE PLAN CHAPTER 4: LAND USE
GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS
OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl
POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban
Service Boundary (USB)
COMMENT The project is within City limits and the Urban Service Boundary.
OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use
POLICY c. Take advantage of the existing investment by encouraging infill and redevelopment projects
COMMENT The proposal will re-use an existing building, using existing city facilities and investments.
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 Daycare is an excellent example of a small-scale commercial project that serves daily needs of
neighborhood residents.
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 Comprehensive Plan Future Land Use Map designates the area for Mixed Use
development. The immediate vicinity of the property is indeed mixed use, with different types
of housing, civic services, and small businesses.
CHAPTER 5: TRANSPORTATION
GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION
OBJECTIVE 5.1.7 Provide a connected network of pedestrian-friendly streets and pathways
POLICY g. Provide sidewalks along both sides of all public streets
COMMENT Sidewalks are in place on both sides of the street.
CHAPTER 6: COMMUNITY DESIGN
GOAL 6.2 ENCOURAGE NEW DEVELOPMENT THAT IS COMPATIBLE WITH EXISTING BUILDINGS AND
NEIGHBORHOODS, AND PROMOTE AND PRESERVE THE QUALITY OF RESIDENTIAL NEIGHBORHOODS
OBJECTIVE 6.2.1 Use design guidelines, standards, and incentives to ensure that new infill and
redevelopment are compatible with established development
POLICY a. Bulk and height of the new residential infill and redevelopment projects shall be similar in
scale to surrounding residential development
COMMENT The property is an existing home that fits in with neighborhood properties.
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
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 project is within City limits and the Urban Service Boundary.
GOAL 7.5. MANAGE STORMWATER RUN-OFF TO REDUCE SOIL EROSION AND FLOODING
OBJECTIVE 7.5.1 Develop and keep up-to-date, a cost-effective and environmentally sensitive stormwater
facility master plan
POLICY a. Encourage new development to retain stormwater runoff on-site
COMMENT The approved site plan includes stormwater retention on-site.
CHAPTER 9: NATURAL RESOURCES
GOAL 9.3 PROTECT AIR FROM POLLUTION
OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled
POLICY d. Provide a mix of land uses, a more-connected street network, and alternative modes of
transportation, including buses and shuttles
COMMENT This project strengthens the mixed use nature of the neighborhood. Sidewalks are complete,
Hawthorne is in good repair and functions well, and PRT route C runs along Hawthorne.
CHAPTER 13: SCHOOL LOCATION AND TRANSPORTATION
GOAL 13.1 DELIVER OUR CHILDREN SAFELY TO SCHOOL
OBJECTIVE 13.1.2 Create opportunities for children to walk safely to school
POLICY a. Establish a system of paths, sidewalks, bike lanes and routes that permit safe access to city
schools
COMMENT The property is within walking distance of Chubbuck Elementary and is connected to the
school via sidewalks and crosswalks.
POLICY c. Require sidewalks along both sides of public streets
COMMENT Sidewalks exist on both sides of the street.
.
CUP Exhibit 5b
Comprehensive Plan Policies
573304
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 10/25/2024 last publication having been made on 1012512024, 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 25th day of October, 2024
L
attached jurat
STATE OF IDAHO
SS.
COUNTIES OF BANNOCK AND CARIBOU
Notary Public
My commission expires:
On this 25th day of October, 2024 before me, the undersigned, a Notary public for said state, personally
appeared Collins Crapo, known or identified to me to be the person whose name is subscribed 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.
1ttttl{
11 III M rift r',
Iy\ CR0,3,
UB L\ 0
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filop
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kHttt
Notary Public for APG of the Rockies
Residing: Idaho Falls, Idaho
Commission expires: -7/-Le lz b
CUP Exhibit 6
Public Hearing Notices
AD# 573304AD#
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 November 12, 2024 at Chub -
buck City Council Chambers, 290 East Linden Ave., Chubbuck,
Idaho. Public hearings will be held with respect to the following
items:
1. An application for a Conditional Use Permit for a daycare
center in the Limited Residential (R-2) Zone, at 5114 Haw-
thorne Rd in Chubbuck, ID. The proposal would allow the
neighboring business, Cookies n Milk Daycare, to expand by
converting an existing home into part of the commercial day-
care business.The Comprehensive Plan Future Land Use Map
designates this area as Mixed Use. The application will be re-
viewed against criteria in section 18.28.020.0.5 of City Code.
Type of action: Decision.
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 jbewers®cityofchubbuck.us. Commission packets are gen-
erally available the week before the meeting at httns•//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: October 25th, 2024 (ISJ848-573304)
CUP Exhibit 6
Public Hearing Notices
Community Services Department
Planning Services Division
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
November 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 November 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 for a daycare center in the Limited Residential (R-2)
Zone, at 5114 Hawthorne Rd in Chubbuck, ID. The proposal would allow the neighboring business,
Cookies n Milk Daycare, to expand by converting an existing home into part of the commercial
daycare business.
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 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.
CUP Exhibit 6
Public Hearing Notices
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
Reference map:
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 accommodation: 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.
CUP Exhibit 6
Public Hearing Notices
EXHIBIT 6C:
NOTICE AREA SURROUNDING PROPERTIES
CUP Exhibit 6
Public Hearing Notices
NAME STREET CITY
BICKLEY, DAVID RAY 5015 BROOK LANE CHUBBUCK, ID 83202
CARLING, JULIE 5162 STUART AVE CHUBBUCK, ID 83202
COOKIES N MILK DAYCARE LLC 4636 PAHSIMEROI DR CHUBBUCK, ID 83202
COVINGTON, LINDSAY KAY 5114 HAWTHORNE RD CHUBBUCK, ID 83202
CUSTER, PATRICIA ANN 5114 STUART CHUBBUCK, ID 83202
DELARUZ, ZACERY I 541 CANAL ST CHUBBUCK, ID 83202
ELKRIDGE HOLDINGS LLC 1890 TOUCH DR INKOM, ID 83245
FEHRINGER, MICHAEL 801 HOMESTEAD CHUBBUCK, ID 83202
FLORES, FRED 5130 HAWTHORNE POCATELLO, ID 83202
FREY, AMANDA 517 CANAL ST CHUBBUCK, ID 83202
GWH TRUST C/O RANDALL HALL SARATOGA SPRINGS, UT 84045
1483 N STELLAR WY
HAWTHORNE FOURPLEX 11727 COCONINO LANE TOMBALL, TX 77377
KIRKHAM, KATHLEEN W 410 STUART AVE CHUBBUCK, ID 83202
KORN, STEPHEN 5033 HAWTHORNE RD UNIT 8 CHUBBUCK, ID 83202
LEGACY 11 LLC 146 E CHUBBUCK RD, STE C CHUBBUCK, ID 83202
LISTON, BONNIE J 5126 STUART AVE CHUBBUCK, ID 83202
MARLEY, BARBARA 5150 STUART AVE CHUBBUCK, ID 83202
MEYER, TODD R 1139 E KAGY BLVD BOZEMAN, MT 59715
MOWAT, EUGENE L 5059 HAWTHORNE RD CHUBBUCK, ID 83202-2264
PACHECO, ADRIAN 5138 STUART AVE CHUBBUCK, ID 83202
PARR, CHRISTOPHER J 529 CANAL ST CHUBBUCK, ID 83202
REUDTER, MICHAEL DAVID 5050 HAWTHORNE RD CHUBBUCK, ID 83202
ROBINSON, DAVID 5034 HAWTHORNE RD CHUBBUCK, ID 83202-2265
STANGER, EVELYN D 437 STUART AVE CHUBBUCK, ID 83202
TAYLOR, MICHAEL S 5060 HAWTHORNE RD CHUBBUCK, ID 83202
TILSON, ANDREW L 5102 STUART AVE CHUBBUCK, ID 83202
TRIPP, JOHN F 5179 HAWTHORNE RD CHUBBUCK, ID 83202
WHYTE ENTERPRISES LLC 300 ROCK HOLLOW LN IDAHO FALLS, ID 83401
EXHIBIT 6D:
MAILING LIST OF NEIGHBORING PROPERTY OWNERS
CUP Exhibit 6
Public Hearing Notices
EXHIBIT 6D:
MAILING LIST OF PUBLIC AGENCIES
CUP Exhibit 6
Public Hearing Notices
EXHIBIT 6E:
ON-SITE POSTING
CUP Exhibit 6
Public Hearing Notices