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Home My WebLink AboutPH #1 Zone ChangeCHUBBUCK Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us APPLICATION FOR A TITLE MAP AMENDMENT (ZONE CHANGE) FROM LIMITED COMMERCIAL (C-1) TO LIMITED RESIDENTIAL (R-2) CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON SEPTEMBER 13, 2022 SUMMARY DESCRIPTION: An application for a Change in Land Use District from Limited Commercial (C-1) to Limited Residential (R-2) on approximately 1.09 acres of land. Subject property is located at 345 Siphon Rd in Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.8. Type of Action: Recommendation. STAFF FINDINGS: After reviewing the application, Staff finds that it meets the requirements for the Change in Land Use District. • The Comprehensive Plan Future Land Use map designates this area as Mixed Use, which is supported by the Limited Commercial (C-1), Single Family Residential (R-1), Limited Residential (R- 2), General Residential (R-3), and Dense Residential (R-4) zoning districts. • The applicant has met City Code requirements to be heard for a Change in Land Use District. Staff recommends approval. The application complies with the Comprehensive Plan and is not considered spot zoning. The intended zone, R-2, matches the surrounding neighborhood. FACTS BACKGROUND: In 2021 the property owner, Mr. Cervantes Campos, sought a change in zoning from R-2 to C-1, hoping to bring a business use into the large shop building east of the house. The Commission and Council found the request met the standards for a Title Map Amendment and approved the request. Conditions have changed for the Mr. Cervantes Campos and he is now requesting to change the land use district/zone back to R-2. The change would be harmonious to the neighborhood as the surrounding parcels remain in the R-1 and R-2 districts. 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 AND OWNER: Jose Andres Cervantes Campos 345 W Siphon Rd Chubbuck,ID 83202 LOCATION: The site address is 345 W Siphon Rd, between Stuart Avenue and Eve Street. The site comprises Bannock County parcel number RCCPCO23800. REFERENCE MAP: SITE CHARACTERISTICS & ZONING CURRENT ZONING: Limited Commercial (C-1) PROJECT SIZE: ±1.09 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: House and shop buildings SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS ON SIPHON RD: West of Hawthorne Rd; 2021, 1,670/day East of Eden St; 2020, 5,231/day 2021, 3,628/day NORTH: Single-family homes on large lots, >1 acre; Single Family Residential (R-1) zone EAST: Single-family homes on large lots, >'/z acre; Limited Residential (R-2) zone SOUTH: Agriculture/pasture lots; Limited Residential (R-2) zone WEST: Single-family and twin home subdivision; Limited Residential (R-2) zone Di 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1AAHA SERVICES: ACCESS STREET: Siphon Road EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, water main under Siphon Road SEWAGE DISPOSAL: City of Chubbuck, sewer main at rear of property PRESSURIZED IRRIGATION: Property has surface water rights through Fort Hall Irrigation 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. Copies of notices are on file with City staff. In accordance with City Code 18.28.010, notice of the public hearing was provided at least 15 days prior to the hearing as follows: 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; e. Notices posted prominently at the City office and on webpage; and 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: Land Use Districts and General Controls b. Chapter 18.28: Administration PUBLIC COMMENTS RECEIVED: No written comments were received from the public as of this report. POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report. 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." 194�0t\ CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us The proposal does not meet either of the definitions of spot zoning. The proposal: 1. Complies with the Comprehensive Plan. The Limited Residential zone supports the Mixed Use 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 Limited Residential zone is to "provide for neighborhoods of single household dwellings, class I production buildings, and abutting zero lot line residences." "Duplexes may be conditionally permitted" (Title 18.08.10.C.). 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. RECOMMENDATION: Staff recommends approval of the application. • It complies with the Comprehensive Plan and is not deemed spot zoning. • The intended zone, Limited Residential (R-2), matches the surrounding neighborhood. Recommended conditions: none. Di 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1AAHA 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 change to R-2 helps maintain the current atmosphere and integrity of the neighborhood. 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 It would be in the same district as neighboring parcels. The existing home is harmonious in scale with neighbors. EXHIBIT 2C provides a comparison of the permitted and conditionally permitted land uses in the R-2 and C-7 zones. POLICY 3 The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. RESPONSE The existing home is suitable for the zoning district. 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 The property is adequately served by public agencies and utilities. POLICY 5 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. RESPONSE The proposal furthers to goals, objectives, and policies of the Comprehensive Plan. More information can be found in EXHIBIT 3B. RECOMMENDATION: Staff recommends approval of the application. • It complies with the Comprehensive Plan and is not deemed spot zoning. • The intended zone, Limited Residential (R-2), matches the surrounding neighborhood. Recommended conditions: none. Di 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1AAHA EXAMPLE MOTIONS APPROVAL (WITH CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a request for change in Land Use District are satisfied, I move to recommend approval of the request as described in the application materials with the following conditions: ............. (if found necessary by LUDC). APPROVAL (WITHOUT CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a request for change in Land Use District are satisfied, I move to recommend approval of the request as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a request for change in Land Use District are not satisfied, I move to recommend denial of the request as described in the application materials. I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET] EXHIBITS Application Materials Zoning and Land Use A. Current Zoning Map and Proposed Change B. Standards for Reviewing a Title Map Amendment Comprehensive Plan A. Future Land Use Map B. Policies Relevant to the Application Additional materials on file with staff, available upon request: • Copy of Warranty Deed and Owner Affidavit • Communications from Lender • Evidence of Notice • Ordinance No. 831 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: September 6, 2022 brought to light at or before the hearing. CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 290 E, Linden Avenue TITLE AMEND- MAP Chubbuck,ID 83202 208.237,2430—Fax 208.237.2409 (REZONE) APPLICATION CHUBBUEK www.C)tyofChubbud<.us 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 2r,d 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 notsubmitted at leost 28 days before the desire review meeting. DATE RECEIVED: I� �`� INITIALS: J)�k FEES E5 PAID?�( Y/ N AMC�UI�1T, �j� to SECTION A -APPLICANT INFORMATION Al. Name A2. Mailing Address 3 L 5 W ty d N.,,, FP Citya q 1 State Zip code 0. A3. Phone Number (including area code) A4, Email Address A5. Is Applicant the Owner of Record? ([ Yes F-1 No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B = OWNER INFORMATION (IF DIFFERENT THAN PART A) B1. Name 1. B2. Mailing Address City State Zip Code B3. Phone Number (including area code) Cl, Site Address (or Location if no Address) -3q�, w5 ('? hoit aeP D1, Gross Area //�% f U D3. Current/Existing Land Use(s) and Structures � ous (-/5 h 0 P D5. ProposedZone(s) an D7. Proposed Land Use{s), if known: B4. Email Address SECTION C- SITE INFORMATION City Zip C2. Tax Parcel if(s) SECTION D — PLANNING INFORMATION D2. Comprehensive Plan Future Land Use Designation a D4. currentZnne(s) -- C-1 D6. Acreage for Each Proposed Zone: Ct ate_\\ CHUBBUCK IG1HO 290 E. Linden Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us TITLE AMEND- MAP (REZONE) APPLICATION Aug. 2021 Form PAGE 2 OF 4 SECTION E—SUBMITTAL REQUIREMENTS � E1. Application Fees: $535 + $1.50/mailing (#Y� of mailings) = $ .i /p 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? 1 t+� I►1 Oil 0)1)1'nDcvc)i � �� Cana 0-5 pray REI f�t7f�c�f 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? I 551'4c- 3. How are the uses permitted in the proposed zone harmonious in terms of scale, mass, coverage, density, and intensity with adjacent land uses? Cj �Yn (L5 �?CI S� I nj Ag�� CHUBBUCK 290 E. Linden Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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? Na 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. TYAk'X&IJ USS I ` 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 hearines. F2. Printed Name I F3. Date 290 E, Linden Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us STOP? TITLE AMEND- MAP (REZONE) APPLICATION Aug. 2021 Form PAGE 4 Off' 4 G2, SCHEDULED FOR LUDC: Schedulers Meeting Date: September 13, 2022 Applicant Notified? Yes ❑ No Comrnents; Applicant Contacted? I^I Yes ❑ No A tract of land in Lot 4, Section 3, Township 6 South, Range 34 E.B. NJ.. Bannock County, Idaho, more particularly described as follows: Beginning at the Northwest corner of said Section 3; Thence along the North line or said Section 3, South 89"24' East 990,0 feet to the TRUE POINT OF BtG1NNING; Thence South 198.0 feet; hanso coniinuittg SeutFrl$8 feat: 194111 Thence North 89°24' West 220.0 feat; Thence North 198.0 feet 'now or less, to the North fine of said section 3; thence South 89024' East 220.0 feet, more or less to the TRUE POINT OF BUG INNING. Also, A strip of land in Government Lnt 4, Section 3, township 5 South, Range 34, Boise Meridian, Bannock County, Idaho, being a portion of the land described in Instrument No. 2151784 1, records Bannock County, Idaho, mora particularly described as follows: C0MMFNC[NG at the Northwest corner of Section 3, Township 6 South, Range 3d East, Boise Meridian. said point being marked with a 2" aluminum cap monument and described in corner perpetuation filing record, recorded iu the records of Bannock County as Instrument No.'s 67.8844 and 20520353; Thence South 89"24'00" Las( along the Notch line of Section 3, a distance of 991.25 feet (recorder[ as 990.0 feet) to the Northeast corner of the land described in Deed Instrument No.. 95013484, the True Point of Beginning; Thence South 00"4 ['0D" West along the Fast line of the land descrtitcd in said Deed Instrument No. 95413484, a distance of 198.00 feet to die Northeast comer of Parcel 2, described in Deed Instrument No. 95013484 of the records of Bannock County, Idaho. Thence South 89°24'00" East, n distance of 16.15 feet to a point an an existing fence line, the same heiuE a point on the West boundary line of the land desudbed in deed Instrument 21104804; Thence North 00°01'46" West, adjacent to an existing fence line and along the Nest boundary line of the land described in said Deed instrument No. 21104804 (recorded as South 00°37' East), a distance of 198.01 feet; more or less to a point on the North line of Section: '['hence North 89°24'00" West. along said Noah line of Section 3, a distance of 13.69 fcct, to the TRUE POTL iT OF BLGiNN[NG. EXHIBIT 2A: ZONING AND LAND USE CURRENT ZONING MAP AND PROPOSED CHANGE EXHIBIT 2B: 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• 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. CHUBBUCK 1 0 0 H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us EXHIBIT 3A: COMPREHENSIVE PLAN FUTURE LAND USE MAP 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 • r • „ 1HE COMPREHENSIVE 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-2 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 I The site is within City limits and the Urban Service Boundary. 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 proposal for R-2 zoning complies with the plan. 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 change will not affect farmland, the property is already developed. Di 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1OAH8