Loading...
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. [oil 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. . Aay�t-L 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 ,e TTEST:Joe ers, City Clerk /^'" Chubbuck City Council /♦ --�� 290 E Linden Avenue, Chubbuck, ID 83202 CHUBBUCKPhone 208.237.2400 - www.CityofChubbuck.us 10AH0