HomeMy WebLinkAbout345 W. Siphon RoadBEFORE THE CHUBBUCK CITY COUNCIL
July 21, 2021
MEETING DATE:
TYPE OF APPLICATION: Change in Land Use District (Rezone)
SUBJECT: Application for a change in land use district (rezone) from Limited
Residential (R-2) to Limited Commercial (C-1) for the property at 345
W. Siphon Road, Chubbuck, ID, as legally described.
APPLICANT: Jose Cervantes Campos (Owner)
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION'
FINDINGS OF FACT
If any of these Findings of Fact are deemed Conclusions of Law, they are incorporated into the
Conclusions of Law section.
The Council makes the following Findings of Fact:
1. The Council takes notice of the information contained within the files of the Public Worlcs
Department on this matter.
2. In accordance with §18.28.020 of Chubbuck municipal code and Resolution 2020-03, Applicant
applied for a change in land use district from R-2 to C-1.
3. Public hearings were held with the Land Use & Development Commission and with the City
Council. All legal requirements for the notice of Public Hearing before the Commission and the
Council have been met.
4. The property in question is zoned R-2, Limited Residential, pursuant to the Land Use Ordinance.
5. As to the project description, the Commission finds the following:
PROPOSAL SUMMARY
A. PROJECT: The applicant requested a change in land use district from R-2 to C -I with the
intent to use the existing residence for residential purposes and to turn the vacant storage
building, formerly known as "Hatches House of Dolls" into a commercial rental space for
appropriate businesses. The applicant submitted a warranty deed with a legal description.
B. OWNER/APPLICANT: Jose Cervantes Campos
345 W Siphon Road
Chubbuck, ID 83202
C. LOCATION: 345 W Siphon Rd
Chubbuck, ID 83202
As described in legal description for property.
D. SITE CHARACTERISTICS
CURRENT ZONING: Limited Residential (R-2) RECENT TRAFFIC COUNTS:
PROJECT SIZE: —1.09 acres
VIEWS: Generally visible from all directions
TOPOGRAPHY: Generally flat, lower than
Siphon Rd
EXISTING STRUCTURES: House, large shop
building, and shed
2017: Siphon Rd at Eve St.:
2,893/day
2020: Siphon Rd at Eve St.:
5,231 /day
E. SURROUNDING LAND USES; ZONING:
NORTH: Across Siphon Road and canal- Single-family homes on parcels over 1 acre;
Single Family Residential zone (R-1)
EAST: Single-family homes on parcels of %z acre; Limited Residential zone (R-2)
SOUTH: Pasture/farm land, 1-2 acre parcels; Limited Residential zone (R-2)
WEST: Single-family homes; Limited Residential zone (R-2)
F. SERVICES:
ACCESS STREET: W. Siphon Road
FIRE PROTECTION: City
SEWAGE DISPOSAL: City
CULINARY WATER SERVICE: City
Pa
6. As to applicable laws and resolutions, the council finds that the following apply:
• Chubbuck municipal code Title 18, Chapter 28
• Chubbuck Comprehensive Plan "Our Valley Our Vision (as amended)"
• State of Idaho code Title 67, Chapter 65, Section 11
7. The Comprehensive Plan Land Use Designation for the subject property is Mixed Use. Per the
Plan District -Zone District Conversation (Table 4-3) of the Plan, permitted zoning districts in the
Mixed Use plan area are: R-1, R-2, R-3, R-4, and C-1.
8. A public hearing was held by the Chubbuck Land Use & Development Commission. The
applicant, staff, and one member of the public provide comment and testimony. No comments,
written or oral, were received by political subdivisions providing services to the subject property.
The member of the public testified neutral to the application. Following deliberation, the
Commission recommended approval of the rezone from R-2 to C-1, finding that it satisfied the
criteria for approval under Chubbuck code and Idaho code.
9. A public hearing was held by the City Council on June 2, 2021. The applicant, staff, and four
members of the public provided comment or testimony. Of the public hearing testimony
provided, one comment was provided in favor of the application by a potential commercial user
of the subject property and 2 comments were provided neutral to the application by adjacent
neighbors. No comments, written or oral, were received by political subdivisions providing
services to the subject property. The neighbors living in Garden Oaks Subdivision, Division No.
1 voiced a concern with a dispute about property lines, increased traffic, and construction noise.
Regarding the property line issue, the neighbors claimed that the area to be rezoned includes land
current within their fence lines but which lied within the legal description from Applicant's
warranty deed. Applicant and the neighbors felt that the property claim issue would be resolved
through record of survey and agreement and could be reheard by the Council on August 4, 2021.
10. On June 20 and June 29"', city staff received correspondence from the two adjacent neighbors
who previously testified at the hearing regarding the property claim issue. Both indicated that the
tentative resolution had fallen apart and requested the Council to review sooner than August 4,
2021. Following receipt of the emails from both, city staff contacted Applicant who confirmed
that the discussions had fallen apart and that he wished to proceed to Council before August 4,
2021.
11. On July 7, 2021, the City Council reviewed the correspondences from the neighbors and heard
comments from the neighbors and the applicants pertaining to the property claim issue. All
voiced their understandings for why the negotiations had fallen through. The Council moved to
table a decision until the following meeting on July 21, 2021 in order more fully consider the
facts and criteria for action on the application.
12.The City Council did not request the deeds of the adjoining land owners and only has before it,
the warranty deed with a legal description provided by the Applicant.
CONCL USIONS OF LAW
If any of these Conclusions of Law are deemed Findings of Fact, they are incorporated into the
Findings of Fact section.
Based upon the foregoing Findings of Fact, the Council hereby enters the following Conclusions of
Law:
1. The council concludes that the applicable polices of the adopted Comprehensive Plan (as
amended) relating to the proposal are:
Goal 4.1- Direct Urban Growth to Urban Infill Areas
4
o Objective 4.1.1., Policy c. Discourage sprawl, promote compact
development patterns; locate in City limits and Urban Service
Boundary (USB)
■ The change from R-2 to C -I DOE / DOES NOT satisfy
this policy.
• Goal 4.3 Provide convenient commercial service Iocations an limit their
adverse impacts on transportation systems, residences, and visual integrity
o Objective 4.3.1, Policy a. Adopt appropriate Neighborhood
Commercial zoning to allow small-scale commercial development at
neighborhood centers that serves the daily needs of neighborhood
residents
■ The change from R-2 to C-1 IES / DOES NOT satisfy
this policy.
0 Goal 4.5 Encourage compatible land uses
o Objective 4.5.1, Policies:
■ a. Adhere to land use designations on the Comprehensive Plan
Map.
• The change from R-2 to C-1 DOE / DOES NOT
satisfy this policy.
■ 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
5
complementary mix of possible uses within neighborhoods and
communities.
• The change from R-2 to C-1 IiRD/ DOES NOT
satisfy this policy.
■ g. Ensure an adequate supply of commercial land sensitive to
market trends.
• The change from R-2 to C-1 OED 1 DOES NOT
satisfy this policy.
■ Objective 4.5.2, Policy a. Use design standards to encourage
compatibility of mixed-use development with surrounding areas.
o The change from R-2 to C-1 DOES / DOES NOT satisfy
this policy.
■ Goal 7.6 Work with the City of Pocatello to plan and develop effective public
water and sanitary sewer services
o Objective 7.6.3, Policy b. Infill of underutilitized property shall
be encouraged through a use of innovative approaches for the
provision of access and utilities
■ The change from R-2 to C- I 6@DI DOES NOT
satisfy this policy.
■ Goal 11.2 Centralize commercial efforts
o Objective 11.2.2., Policy a. Allow future commercial growth to
occur within new neighborhoods in a manner that is consistent
11
with the community design principles defined in Chapter 6:
Community Design.
■ The change from R-2 to C-1 DDE / DOES NOT
satisfy this policy.
2. Based on the above conclusions, the Council concludes that the rezone request for the subject
property from Limited Residential (R-2) to Limited Commercial (C-1)
D E / DOES NOT generally conflict with the policies of the adopted Comprehensive
Plan (as amended)
3. The rezone request for the subject property from Limited Residential (R-2) to Limited
Commercial (C-1) OES / DOES NOT result in demonstrable adverse impacts on the
delivery of services by any political subdivision providing services, including School
District #25, to the subject property.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
DECISION
1. The Chubbuck City Council, pursuant to the foregoing, finds that the request of the Applicant
should beAPPROVE / DENIED.
2. Takings. Pursuant to Idaho Code § 67-8001 et seq., the Commission 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.
3. If approved, the decision of the Council will be final upon the passage and publication of an
ordinance affirming the same.
4. If approved, pursuant to Idaho Code § 67-6511, the Council may not reverse or change its action
without the consent in writing of the current property owner for a period of 4 years from the date
of approval.
Whether approved or denied, any party seeking judicial review of the Council's decision must
first seek a request for reconsideration in accordance with Chubbuck municipal code section
18.28.090.
S�
Dated this day of w, , 2021.
Chubbuck City Council
By:
Kevin B. England, Mayor