HomeMy WebLinkAboutLyn YostCHUBBUCK
1 0 1 N a
CHUBBUCK CITY COUNCIL
290 E. Linden
Chubbuck, ID 83202
208.237.2400
www.CityofChubbuck.us
FINDINGS OF FACT & CONCLUSIONS OF LAW
FOR THE INITIAL ZONING DESIGNATIONS
OF LIMITED RESIDENTIAL P (R -2P) ON APPROXIMATELY 33 ACRES
AND GENERAL COMMERCIAL (C-2) ON APPROXIMATELY 4 ACRES
LOCATED WEST OF YELLOWSTONE AVE AND
NORTH OF BRINGHURST AND NOAH STREETS
FACTS
BACKGROUND: The property stems from two family farms with a gross area of about 37.6 acres. The area is
made up of 10 parcels of varying size, 2 of which have been separated by a Record of Survey, creating 2
additional properties that face Yellowstone Ave.
QUASI-JUDICIAL ACTION: Quasi-judicial decisions must be supported by evidence and by applying law
to the facts and are subject to appeal under the Idaho Local Land Use Planning Act (LLUPA). Initial
zoning designation actions shall be based on the criteria and standards for approval per Chubbuck
Municipal Code Chapter 18 Land Use and Idaho Statute 67-6511 Local Land Use Planning.
APPLICANT/ OWNERSHIP:
Lyn Yost
13982 N Rio Vista Rd
Pocatello, ID 83202
CHUBBUCK 2045: COMPREHENSIVE PLAN
The Orchards, LLC, by Lyn Yost
5730 Northside Crossing
Chubbuck, ID 83202
FUTURE LAND USE: Residential — Medium Density (R-2, R -2P, or R3 zone)
Commercial (C-1 or C-2 zone)
FUNCTIONAL CLASS ROADS: Current access is at the intersection of Bringhurst and Eden streets, west of
Yellowstone Ave
Planned functional classification roads are-
Bringhurst St as a minor arterial running east/west through the property
a collector street running north from Ruth St
An improved access point is also planned on Yellowstone Ave 600 feet or more
north of Bringhurst St
PEDESTRIAN TRAFFIC: Sidewalks will be required in the platting process.
SITE CONDITIONS:
CURRENT ZONING: Bannock County - Multiple Use, Residential Suburban
CURRENT LAND USE: Farming
EXISTING STRUCTURES: Homes and outbuildings
PROJECT SIZE: 37.6 acres+
IRRIGATION: Surface water rights, Fort Hall Irrigation Project
Initial Zoning Designation Approval Form- FFCL
RECENT TRAFFIC COUNTS: Yellowstone Ave: 2024, 2,679/day; 2021, 8,249/day; 2020, 7,307/day
Siphon Rd: 2023, 4,506/day
SOIL: USDA classified soil as Prime Farmland, if Irrigated
GROUNDWATER: Idaho DEQ classified half of the area as Nitrate Priority Area in 2020
ADJACENT LAND USES AND ZONING:
NORTH: Bannock County Residential Agriculture, large lot single-family home
Suburban and Mixed Use zones
EAST: Bannock County Mixed Use zone Agriculture
SOUTH: Single-family Residential (R-1) and Church, single-family home subdivision
Limited Residential (R-2)
WEST: Bannock County Residential Single-family homes with acreage
Suburban zone
LOCATION: The site is west of Yellowstone Avenue and north of Bringhurst Street and Noah Street. The street
addresses for the parcels are 12501 and 12527 N Yellowstone Hwy. At the time of this memo, the proposal
includes the parcels numbered as follows: RPR3803053501, RPR3803053503, PR3803053700,
RPR3803053800,RPR3803053902,RPR3803053905,RPR3803053906,RPR3803053907,
RPRCBRS000201, and a "Ditch" parcel.
REFERENCE MAP:
COMMUNITY SERVICES AND SAFETY:
VEHICLE ACCESS: Yellowstone Ave, Bringhurst St / Eden St, and Ruth St.
OTHER ACCESS: Sidewalks on Bringhurst, Eden and Ruth streets; once New Day Parkway
is complete the area will be connected to the City sidewalk network
PRT bus stops about 112 mile away on Siphon Rd
44-9-4\ Chubbuck City Council
290 E Linden Avenue, Chubbuck, ID 83202
CHUBBUCKPhone 208.237.2400 - www.CityofChubbuck.us
1DAHO
Initial Zoning Designation Approval Form- FFCL
WALKABLE COMMUNITY: Walking from access at Bringhurst and Eden streets it is:
approximately .3 miles to access Bicentennial Park
A church is adjacent to the property, and another is about 112 mile awa
on Siphon Rd
Tyhee Elementary and a small retail shop are about 1/3 mile away but
there is no sidewalk to/from the school
POLICE: Chubbuck Police Department will serve the area
FIRE AND EMS: Chubbuck Fire Department will serve the area
WATER & WASTE WATER: Chubbuck Water Utility Department; 6" water main stubs are in place at
the ends of Bringhurst and Ruth streets, and a 12" sewer main stub is
in Eden St
IRRIGATION: Property has water rights for service from the Fort Hall Irrigation Project
APPLICABLE LAWS AND PLANS:
1. Idaho Statutes Title 67 Chapter 65 Local Land Use Planning:
a. §67-6511: Zoning Ordinance
b. §67-6525: Plan and Zoning Ordinance Changes Upon Annexation of Unincorporated Area
2. Chubbuck 2045: Comprehensive Plan (as amended)
3. Chubbuck City Code Title 18: Land Use, particularly:
a. Chapter 18.08.020: District Boundaries and Land Use Map
b. Chapter 18.28.050: Title Text and Map Amendments and Initial Zoning District
Designation
PROCEDURES:
1. In accordance with City Code 18.28.050 and the current fee resolution, a complete petition and
fees for Initial Zoning Designation 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 was 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 Statute §67-6509, notice of the public
hearing was provided at least 15 days prior to the public hearing:
a. Publication in the Idaho State Journal;
b. Notice posted on the premises;
c. Mailing to owners of property within a 300 ft. radius of the site;
d. Notice sent to utilities and political subdivisions providing services within the City;
e. Notices posted prominently at the City office and on webpage; and
f. Notice as a Public Service Announcement distributed to other media.
4. A public hearing with the Commission was conducted in accordance with procedures established by
City Resolution 2021-06.
5. Following the hearing, based on a review of the record, the Commission recommended
approval of the application with the condition that it does not take effect until the annexation is
complete and adopted by ordinance.
6. The Chubbuck City Council reviewed the record and the Commission's recommendation.
7. Prior to making a decision on this initial zoning application, the City Council made a decision to
annex the property into the City of Chubbuck.
Chubbuck City Council
�(( 290 E Linden Avenue, Chubbuck, ID 83202
CHUBBUCKPhone 208.237.2400 - www.CityofChubbuck.us
10100
Initial Zoning Designation Approval Form- FFCL
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 an Initial Zoning Designation as found in city code
section 18.28.050.B.8.a, the City Council finds the following:
1. The proposed initial zoning would be in the community's best interest.
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.
3. The subject site is suitable for the type and intensity of land uses permitted under the proposed
zoning district.
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; and
5. The initial zoning 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.
ORDER: CONCLUSION AND DECISION: TERMS
1. The City Council, pursuant to the aforementioned, finds that the request for an Initial Zoning
Designation of Limited Residential (R-2) as herein described, shall be APPROVED.
2. Conditions of Approval necessary to approve the Designation are (if any):
The zoning designation will not take effect until the annexation of the property is
a' complete and adopted by ordinance.
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3. Pursuant to section 18.28.050.8.C., this approval shall take effect upon the passage and approval of an
ordinance and by the summary publication.
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CHUBBUCK
1 0
Chubbuck City Council
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2400 - www.CityofChubbuck.us
Initial Zoning Designation Approval Form- FFCL
4. Pursuant to Idaho Code § 67-8001 et seq., the Council makes the following findings with respect to
the decision in this action:
a. This Action does not deprive the owner of the property of all viable uses of the property.
b. This Action does not have a significant impact on the landowner's economic interest.
c. This Action does not deny a fundamental attribute of ownership.
5. An amendment of the zoning ordinance applicable to an owner's lands or approval of conditional
rezoning or denial of a request for rezoning may be subject to a regulatory taking analysis
provided for by Idaho Code section 67-8003, consistent with the requirements established
thereby.
6. If the Council adopts a zoning classification pursuant to a request by a property owner, the
Council shall not subsequently reverse its action or otherwise change the zoning classification of
said property without the consent in writing of the current property owner for a period of four
(4) years from the date of adoption of said change, per Idaho Code section 67-6511(d).
7. Whether approved, approved with conditions, or denied, any party seeking judicial review of the
decision must first request a reconsideration of this decision to the City Council in accordance with
section 18.28.090 of city code.
APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day
of �4 6 r , 200� .
Rodney T. Burch, Mayor
ATTEST -
Jo
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TTEST:Joe ers, City Clerk
/^'" Chubbuck City Council
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--�� 290 E Linden Avenue, Chubbuck, ID 83202
CHUBBUCKPhone 208.237.2400 - www.CityofChubbuck.us
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