Loading...
HomeMy WebLinkAboutItem #4 Change in Land UseCommunity Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Memo TO: Honorable Mayor and Chubbuck City Council FROM: Don Matson, Planning Services Manager DATE: September 14, 2022 RE: 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. The application will be reviewed against criteria in section 18.28.050.B.8 of city code. (Action Item) BACKGROUND This is a quasi-judicial action. After reviewing the application materials, City Code, and the Comprehensive Plan, staff found that the application satisfies the criteria for the requested zoning designation. Zoning for the property was approved in 2021 to change from Limited Residential (R-2) to Limited Commercial (C-1). At the time there was some concern from neighbors to the west regarding the property boundaries and therefore the zone boundaries. On July 25, 2022 Magistrate Judge Jarman granted quiet title to one of the adjacent property owners, Arianne Despain, for area west of the existing fence line. Ms. Despain has consented to the change in zoning and provided an affidavit of legal interest (attached). At a public hearing before the Land Use and Development Commission (LUDC) on September 13, 2022 regarding the proposal, the applicant made a presentation and City staff provided comments and recommended approval. No members of the public testified during the hearing proposal. Following the hearing members of the LUDC discussed the application materials, presentation, details regarding property ownership, and recommended approval of the proposal. 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Materials for the LUDC discussion are attached for your information. REQUEST Review the attached staff report, exhibits, and draft minutes from the LUDC public hearing on September 13, 2022 and determine whether to approve, deny, or table the application. If approved, the action will take effect via ordinance. REFERENCE MAP ATTACHMENTS A. Findings of Fact and Conclusions of Law B. Staff Report to LUDC with Application and Other Exhibits C. Statement and Affidavit of Legal Interest from Arianne Despain Minutes from LUDC meeting on September 13 are not yet available. CITY COUNCIL 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW FOR A TITLE MAP AMENDMENT (REZONE – QUASI-JUDICIAL) FOR 1.09 ACRES AT 345 W SIPHON ROAD FACTS REQUEST: A request 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. 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). Decisions for a Title Map Amendment shall be based on whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. APPLICANT: Jose Andres Cervantes Campos 345 W Siphon Rd Chubbuck, ID 83202 OWNERS: Jose Andres Cervantes Campos 345 W Siphon Rd Chubbuck, ID 83202 Arianne C Despain 5590 Stuart Ave 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 RCCPC023800. COMPREHENSIVE PLAN FUTURE LAND MAP DESIGNATION: Mixed Use 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 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 SURROUNDING LAND USES AND ZONING NORTH: Single-family homes on large lots, >1 acre; Single Family Residential (R-1) zone EAST: Single-family homes on large lots, >½ 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 Title Map Amendment Approval Form- FFCL 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us 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 APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §67-6511, Zoning Ordinance 2. Chubbuck Comprehensive Plan, as amended 3. Chubbuck City Code a. Title 18, Land Use, and specifically: i. 18.28.050 Title Text and Map Amendments and Initial Zoning District Designation ii. 18.08.020 District Boundaries and Land Use Map 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 was scheduled to be heard at the September 13, 2022 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; and e. Notices posted prominently at the City office and on webpage. 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 a condition that either: a. Prior to being approved by the Council, that all property owners included in the legal description provide written consent to the rezone application; or b. The applicant obtain a new legal description excepting out those properties that are not owned by him prior to being approved by Council. 6. The Chubbuck City Council reviewed the record and the Commission’s recommendation on September 13, 2022. PUBLIC AND AGENCY COMMENTS: Public and agency comments were taken in accordance with statutory requirements. Title Map Amendment Approval Form- FFCL 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us 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 Title Map Amendment as found in city code section 18.28.050.B.8.a, the City Council finds the following: 1. The proposed map amendment 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 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. ORDER: CONCLUSION AND DECISION; TERMS 1. The City Council, pursuant to the aforementioned, finds that the request for a Title Map Amendment as herein described, shall be APPROVED. 2. 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. 3. Pursuant to Idaho Code § 67-8001 et seq., the Council makes the following findings with respect to the decision in this action: Title Map Amendment Approval Form- FFCL 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 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. 4. 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. 5. If the Council adopts a zoning district change 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). 6. 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 ______________, 20____. __________________________________ Kevin B. England, Mayor ATTEST: __________________________________ Joey Bowers, Clerk 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.B. 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. o The application complies with the Comprehensive Plan and is not considered spot zoning. o 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. 290 E Linden, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us 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 RCCPC023800. 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 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 SURROUNDING LAND USES AND ZONING NORTH: Single-family homes on large lots, >1 acre; Single Family Residential (R-1) zone EAST: Single-family homes on large lots, >½ 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 290 E Linden, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us 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: 1. Idaho Statutes §67-6511: Zoning Ordinance 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 18.28: 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.” 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. 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-1 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. 290 E Linden, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us 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: 1. ……………. (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 1. Application Materials 2. Zoning and Land Use A. Current Zoning Map and Proposed Change B. Standards for Reviewing a Title Map Amendment 3. 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 | AICP Planning Services 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: September 6, 2022 ------C-1 September 13,2022 x EXHIBIT 2A: ZONING AND LAND USE CURRENT ZONING MAP AND PROPOSED CHANGE Chubbuck Zoning Districts Stuart AvenueGarden Oaks Cir Subject Property Change to R-2 Oak Trails Lane W Siphon Road Eve StreetEden Street 290 E Linden, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us 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 2. Chubbuck City Code Title 18, Land Use 3. City of Chubbuck Comprehensive Plan Our Valley Our Vision (as amended) REQUESTS FOR A TITLE MAP AMENDMENT 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 Development Services Fort Hall Irrigation Project / Bureau of Indian Affairs Idaho Fish and Game North Bannock Fire District Pocatello Regional Airport Pocatello Regional Transit Pocatello/Chubbuck School District 25 Pocatello-Chubbuck Auditorium District Portneuf District Library Southeastern Idaho Public Health COMMENT As a 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.C 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. EXHIBIT 3A: COMPREHENSIVE PLAN FUTURE LAND USE MAP Land Use Designation Stuart AvenueGarden Oaks Cir Subject Property Oak Trails Lane W Siphon Road Eve StreetEden Street 290 E Linden, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us EXHIBIT 3B: 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 POLICIES FROM THE COMPREHENSIVE PLAN 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 CONVERSION TABLE 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 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. From: Arianne Despain <ariannedespain@gmail.com> Sent: Wednesday, September 14, 2022 4:31 PM To: Don Matson <dmatson@cityofchubbuck.us> Subject: Re: Zone change application - owner consent I agree to the rezoning of the property back to R-2 so as to not cause any further issues with the future use of my property. Thank you! -Arianne Despain AFFIDAVIT OF LEGAT INTEREST 5S Cou nty of Bannock ) c Na me tr Administrative Variance E Variance E Annexation & lnitial Zoning Request ! Preliminary Plat tr Final Plat Address lAo'ho Being first duly sworn upon Oath, depose and say:City State Being the owner of the property described on the attached sheet, I grant permission to n Name Add ress 6 bZoZ To submit the following application(s) pertaining that property and to allow City Staff the ability to do an on-site review of the site to inspect, measure, and record information related to the application: N Conditional Use Permit or CUP Amendment E Comprehensive Plan Map Amendment ! Planned Unit Development Designation or Amendment E Creative'Community Designation or Amendment \Title Map Amendment (Rezone) to Q"L I agree to indemnify, defend and hold the City of Chubbuck and its employees harmless from any claims to liability resulting from any dispute as to statements contained herein or as to the ownership of the property which is the subject of the a pplication. fft DATED this day of Signatu re ublic in and for the above-named county and state, do hereby certify that on 20/J personally appeared before me known to me to be the person described in and SUBSCRIBED AND 20a'2. l. the und \([Xa"v ot ersigned,a Nota ryP th is A SWORE to me the day and year first written above . seal the day and last year abov NOTARY P Res id ing ATE OF IDA at: (seal) Give It ot nd and offici Commission Expires: C- a STATE OF IDAHO ) ?fro f*w,* #venw ') I ,\ A_-r\__-l: