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Home My WebLink AboutPH #2 Legacy ParkCHUBBUCK Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PROPOSAL TO AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION FROM HIGH DENSITY RESIDENTIAL TO COMMERCIAL CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON FEBRUARY 14, 2023 SUMMARY DESCRIPTION: An application for a Comprehensive Plan Amendment to the Land Use Designation Map, on approximately 2.27 acres of land from High Density Residential to Commercial. Subject property is located south of New Day Parkway and west of the Union Pacific Railroad and Jerry Rowland Park in Chubbuck, Idaho. STAFF FINDINGS: After reviewing the application, Staff finds that it meets the requirements for an amendment to the Comprehensive Plan Future Land Use Map. The Comprehensive Plan currently designates this area as High Density Residential, which is supported by the General Residential (R-3) and Dense Residential (R-4) zoning districts. The change to Commercial would be supported by the Limited Commercial (C-1) and General Commercial (C-2) zoning districts. The applicant has met City Code requirements to be heard for an amendment to the Comprehensive Plan Future Land Use Map. Staff recommends approval of the proposed amendment. It is: o More in line with current market conditions, o In compliance with community goals, objectives, and policies per the Comprehensive Plan, o Not placing an undue burden on the transportation system or public facilities, and o Will not affect the delivery of services. FACTS BACKGROUND: Prior to the Fall of 2021 this area was designated for Employment land uses on the Comprehensive Plan Future Land Use Map. In October 2021 the map was amended to designate the subject property for High Density Residential development. At that time the property was annexed and placed in the Dense Residential Land Use District (R-4 zone). This request is to change the land use designation to Commercial, which coincides with property to the north and west. TYPE OF APPLICATION: Legislative (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: G. Brandon Ratliff 4902 Burley Dr, Suite 9 Chubbuck, ID 83202 LOCATION: The subject property is generally located south of New Day Parkway and west of the Union Pacific Railroad and Jerry Rowland Park in Chubbuck, ID. The site is a portion of Bannock County parcel number RCCPC045301. m 4 ill. w �r c N 3 fl } �I Briscoe Rd Subject Property ma Poca no St i •_ i erry and rk y Roanoke Dr Land use Designation ■ Employmom . ygh Dvna:ty low Oen airy � naeaum uendry mi—du- PLANNED LAND USE DESIGNATION & ZONING FUTURE LAND USE DESIGNATION PER THE COMPREHESIVE PLAN: High Density Residential PERMITTED ZONING IN HIGH DENSITY RESIDENTIAL: General Residential (R-3) and Dense Residential (R-4) CURRENT ZONING: Dense Residential (R-4) PROPOSED FUTURE LAND USE DESIGNATION: Commercial PERMITTED ZONING IN COMMERCIAL: Limited Commercial (C-1) and General Commercial (C-2) SITE CHARACTERISTICES AND LAND USES SIZE OF PROPOSED CHANGE: ±2.27 acres EXISTING LAND USE ON SITE: Vacant NORTH: Vacant EAST: Railroad track, single family neighborhood, city park SOUTH: Vacant WEST: Vacant Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PROCESS PROCEDURES: 1. In accordance with City Code 18.28.040 and the current fee resolution, a complete petition and fees for an Amendment to the Comprehensive Plan Future Land Use Map 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: 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 f. Notice as a Public Service Announcement distributed to other media. 4. Hearing will be conducted in accordance with procedures established by City the most recent resolution. 5. A plan amendment shall become effective when enacted by resolution by the City Council. APPLICABLE LAWS AND PLANS: Idaho Statutes §67-6509: Recommendation, and Adoption, Amendment, and Repeal of the Plan Chubbuck Comprehensive Plan (as amended) Chubbuck City Code Title 18: Land Use PUBLIC COMMENTS RECEIVED: No written comments were received from the general public as of this report. POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report. ANALYSIS AND RECOMMENDATIONS The Commission must determine if it is in the best interest of the City of Chubbuck and adjacent landowners to recommend an amendment to the Comprehensive Plan Future Land Use Map after considering the following. Affirmative findings on each of the following are not required to approve an amendment: TITLE 18.28.040 COMPREHENSIVE PLAN AMENDMENT SUBSECTION D: RECOMMENDATON TO THE COUNCIL AND REQUIRED FINDINGS REVIEW A plan amendment may be approved after considering the criteria below. Affirmative findings on each of the criteria are not required to approve an amendment. CRITERIA 1 The proposed change is required for the public convenience or necessity, or the general welfare of the community, and is in the community's best interest. COMMENT N/A CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CRITERIA 2 The proposed change is needed to recognize substantial changes in the actual conditions of the area or city that have occurred since the comprehensive plan was adopted, or is necessary to correct one or more goals, objectives, or policies that exist in the plan. COMMENT Although the current Future Land Use Designation was recently changed, this proposal would bring the area more in line with current market conditions. CRITERIA 3 The proposed change will comply with the community's goals, objectives, and policies within the comprehensive plan, including its maps. COMMENT The proposal complies with community goals, objectives, and policies as defined in the Comprehensive Plan. It is also a relatively small change to the Future Land Use Map. CRITERIA 4 The proposed change will not place undue burden on transportation or other public facilities in the planning area and does not adversely impact the delivery of services by any political subdivision. COMMENT This is a minor change near the center of a developing neighborhood. Changing the designation from High Density Residential to Commercial at this location will not place an undue burden on transportation or other public facilities no affect the delivery of services. The site is within a development that is constructing new streets and installing new utilities at the developer's expense, and it is removed from the closest arterial roads. Staff recommends approval of the proposed amendment. It is: • More in line with current market conditions, • In compliance with community goals, objectives, and policies per the Comprehensive Plan, • Not placing an undue burden on the transportation system or public facilities, and • Will not affect the delivery of services. FXI-IIRITS 1. Application for Plan Amendment 2. Comprehensive Plan a. Future Land Use Map b. Policies Relevant to the Application • Additional materials are on file with staff and available upon request, including o Copy of warranty deed and owner affidavit o Evidence of notice REPORT: Don Matson, MSP I AICP Staff comments in this report are based Planning Manager solely upon evidence available at the time dmatson@cityofchubbuck.us 1 (208) 239-3252 of the report. Additional information may be DATE: February 8, 2023 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 CHUBBUCK I E I H D 290 E. Linden Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION 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 2nd 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 not submitted at least 28 days before the desire review meeting. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A—APPLICANT INFORMATION Al. Name G. Brandon Ratliff A2. Mailing Address 4902 Burley Drive, Suite 9 city Chubbuck State Idaho Zip Code 83202 A3. Phone Number (including area code) A4. Email Address 208-221-4962 landquest@hotmail.com A5. Is Applicant the Owner of Record? ❑■ Yes ❑ No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B — OWNER INFORMATION (IF DIFFERENT THAN PART A) 131. Name 132. Mailing Address City State Zip Code B3. Phone Number (including area code) 34. Email Address SECTION C —SITE INFORMATION Cl. Site Address (or location if no address) City Zip C2. Tax Parcel #(s) Chubbuck 83202 R3853003102 & R3853003000 SECTION D— PLANNING INFORMATION D7. Proposed Amendment Type(s): ❑✓ Future Land Use Designation Map from R-4 Dense Residential to C-2 General Commercial ❑ Functional Classification Road Map from to ❑ Urban Service Boundary, explain ❑ Other, explain lay'-f-rx CHUBBUCK I n R H o 290 E. Linden Ave. Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Aug. 2021 Form PAGE 2 OF 4 SECTION E —SUBMITTAL REQUIREMENTS & DOCUMENTS E1. Application Fees: $700 + $1.50/mailing ( 18 # of mailings) = $ 727.00 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 the amendment request E4. Legal Description and Map: Legal Description may be a Lot, Block, Subdivision, Division No., or attach a copy of the Meets & Bounds description when applicable. Upon review, the City may require that a legal description include additional area to include necessary roads or other connections. E5. Map showing the proposed change(s) E6. Provide legible responses to the following (use an additional sheet if necessary): 1. Why is the change required for the public convenience or necessity, or the general welfare of the community, and in the community's best interest? When the previous map amendment for the property was done the applicant did not own the parcel directly north of this piece. After that piece was obtained and the master plan for the area was updated it was determined that the most efficient use of the property would require the boundary between commercial and high density residential designations to shift to the south. The proposal does not seek to create a new designation area, but to shift the current line in an area that is currently undeveloped. This change is in the community's best interest in the manner that it would allow the property to be used more efficiently. 2. What changes have occurred in the City or area since the Plan was adopted that make the requested amendment necessary? When the previous map amendment for the property was done the applicant did not own the parcel directly north of this piece. After that piece was obtained and the master plan for the area was updated it was determined that the most efficient use of the property would require the boundary between commercial and high density residential designations to shift to the south. The proposal does not seek to create a new designation are, but to shift the current line in an area that is currently undeveloped. This change is in the community's best interest in the manner that it would allow the property to be used more efficiently. lay'-elx CHUBBUCK I n R H o 290 E. Linden Ave. Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Aug. 2021 Form PAGE 3 OF 4 3. After carefully reviewing the goals, objectives, and policies within the adopted Comprehensive Plan, including the maps, please explain how the proposed change will be aligned with said goals, policies, and objectives. The proposal is supported by the Chubbuck Comprehensive Plan in the same ways as what was deemed acceptable in the recent amendment of the property. We are seeking to adjust the landuse line to the south in order to accommodate the new master plan. 4. To your knowledge, how may the change have an impact on transportation or other public facilities and how could it impact the delivery of services by a governmental agency? We are not aware of any new information that would prevent the proposed area from being adequately served. Ix CHUBBUCK I E I H D 290 E. Linden Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Aug. 2021 Form PAGE 4 OF 4 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 hearings. F1. Sig ature F2. Printed Name F3. Date I__� f�J G. Brandon Ratliff 1/17/2023 STOP: SECTION G -FOR STAFF USE ONLY am - G1. COMPLETENESS REVIEW: Reviewed by: Date: Deemed complete? ❑ Yes ❑ No If no, list concern(s): Applicant Notified? ❑ Yes ❑ No Comments: G2. SCHEDULED FOR LUDC: Scheduled Meeting Date: Applicant Contacted? ❑ Yes ❑ No A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 3, BEING MARKED BY A ITD MONUMENT IN VAULT AS DESCRIBED IN CORNER PERPETUATION INSTRUMENT NUMBER 21111672, SAID POINT ALSO BEING THE NORTHWEST BOUNDARY CORNER OF THE PROPERTY DESCRIBED IN THE RECORD OF SURVEY DONE FOR ROY LACEY, RECORDED UNDER INSTRUMENT NUMBER 99008556; THENCE SOUTH 00°22'55' EAST, ALONG THE MERIDIONAL CENTERLINE OF SAID SECTION 3 AND THE WESTERLY BOUNDARY OF SAID RECORD OF SURVEY, A DISTANCE OF 420.81; THENCE SOUTH 89°3644' EAST, ALONG THE SOUTHERLY BOUNDARY OF SAID RECORD OF SURVEY, A DISTANCE OF 1,573.94 FEET TO THE SOUTHEAST BOUNDARY CORNER OF SAID RECORD OF SURVEY, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE SOUTH 01 °12'43' EAST, ALONG SAID RIGHT OF -WAY, A DISTANCE OF 303.58 FEET TO THE POINT OF BEGINNING. 34 THENCE CONTINUING SOUTH 01"1243* EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 125.05 FEET; Oda 3 THENCE NORTH 89°3621' WEST, A DISTANCE OF 819.35 FEET; THENCE NORTH 23°40'40' EAST A DISTANCE OF 136.08 FEET; w Ln THENCE SOUTH 89°36'21' EAST A D "STANCE OF 762.05 FEET TO THE POINT OF BEGINNING. ci N N " CONTAINING 2.27 ACRES, MORE OR LESS. N 589"3644'E 1,57394 T`ERF O w 1302 " lop. OF �. O F Q, y S , S89 3621 E 762.05 ba o`b PROPOSED COMMERCIAL o w =ry r. 0, 2 27 AC. ^ o 1 819.35' V' u N89 3621V LEGAL DISPLAY FOR: LAND USE MAP AMENDMENT 0 150' 300' FIGURE LEGACY PARK. NO. SCALE. 1 150' DIVISION 2 �. SHEET INFORMATION 4hiV rr E DEVELOPPMENTMENT,, LLC DRAFTER I JPD REVIEWER M58 DRAWING I REZONE CHUBBUCK, IDAHO �� , - • DATE DESIGNER JPD PROJECT NO. 2021020 FILEPAT-i MAP-LEGALS DWG JANUARY -2023 LEGEND 7///7:aEXISTING LAND USE DESIGNATION LDR - LOW DENSITY RESIDENTIAL LAND USE OVERVIEW MAP LEGACY PARK - DIVISION 2 LANDQUEST DEVELOPMENT, LLC CHUBBUCK, IDAHO -W'KNUDSEN ENGINEERING FIGURE NO. F-1 DATE JANUARY -2023 EXISTING LAND USE DESIGNATION MDR - MEDIUM DENSITY RESIDENTIAL EXISTING LAND USE DESIGNATION C - COMMERCIAL EXISTING LAND USE DESIGNATION E - EMPLOYMENT EXISTING LAND USE DESIGNATION MU - MIXED USE EXISTING LAND USE DESIGNATION HDR - HIGH DENSITY RESIDENTIAL PROPOSED LAND USE DESIGNATION C - COMMERCIAL LAND USE OVERVIEW MAP LEGACY PARK - DIVISION 2 LANDQUEST DEVELOPMENT, LLC CHUBBUCK, IDAHO -W'KNUDSEN ENGINEERING FIGURE NO. F-1 DATE JANUARY -2023 EXHIBIT 2A: COMPREHENSIVE PLAN FUTURE LAND USE MAP EXHIBIT 213: COMPREHENSIVE PLAN POLICIES RELEVANT TO THE APPLICATION The City Comprehensive Plan offers some information when considering an amendment. 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. POLICIESRELEVANT .O THE COMPREHENSIVE , COMPREHENSIVE PLAN CHAPTER 4: LAND USE THE PLAN DESIGNATION -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. PLAN -ZONE Plan Designation Zoning District Permitted CONVERSION LDR - Low Density Residential R-1 - Single Family Residential TABLE 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 CA - Limited Commercial C-2 - General Commercial C-2 - General Commercial E - Employment I - Industrial MU — Mixed Use R-1, R-2, R-3, R-4, C-1 COMMENT The proposal for Commercial plan designation will permit the C-1 and C-2 zoning district. Consideration should be made concerning the allowed uses in those zones. 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 project would consume farmland, but it is within City limits and the Urban Service Boundary, and it can be considered an infill area. CHAPTER 11: ECONOMIC DEVELOPMENT GOAL 11.2 CENTRALIZE COMMERCIAL EFFORTS OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development POLICY a. Allow future commercial growth to occur within new neighborhoods in a manner that is consistent with the community design principles defined in Chapter 6: Community Design COMMENT The proposal is at the edge of a large area designated Commercial and Employment. It would change a small area from a residential designation to Commercial, and potentially add to the economic vitality of the city. Di 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us 1OAH8