HomeMy WebLinkAbout120 W. Siphon RoadLAND USE &
DEVELOPMENT COMMISSION
290 E Linden Avenue, Chubbuck, ID 83202
CHUBBUCK 208.237.2430 — Fax 208.237.2409
www.0tyofChubbuck.us
I D II H
FINDINGS OF FACT & CONCLUSIONS OF LAW
A CONDITIONAL USE PERMIT FOR APARTMENTS
IN A GENERAL COMMERCIAL (C-2) ZONE
FACTS
REQUEST: Request is for a Conditional Use Permit for a Conditional Use Permit for apartments in the General
Commercial (C-2) zone on approximately 2.6 acres of land. Subject property is generally located at 120 W
Siphon Road in Chubbuck, Idaho.
TYPE OF COMMISSION ACTION: 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 criteria and standards for
approval per section 18.28.020.05 of City Code). The Commission may approve with or without
conditions, may table a decision, or may deny the application.
APPLICANT AND OWNER:
Jesse Aldous
1800 W Floating Feather Rd
Eagle, ID 83616
LOCATION: The site address is 120 W Siphon Rd, located at the northwest corner of Yellowstone Ave and
Siphon Rd. The parcel is Lot 5, Block 1, in the Wyndhaven Subdivision.
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: General Commercial (C-2)
CURRENT LAND USE: Vacant, not used for
agriculture
EXISTING STRUCTURES: None
PROJECT SIZE: +2.6 acres
VIEWS: From all directions
TOPOGRAPHY: Relatively flat, sloping to east
IRRIGATION FACILITIES: No surface irrigation water
rights
SURROUNDING LAND USES AND ZONING
RECENT TRAFFIC COUNTS ON
YELLOWSTONE AVE:
North of Siphon — 2021, 11,627/day
South of Siphon — 2021, 10,492/day
RECENT TRAFFIC COUNTS ON SIPHON RD:
West of Yellowstone — 2020, 5,231/day
West of Yellowstone — 2021, 3,628/day
RECENT TRAFFIC COUNTS ON NEW DAY
PKWY:
East of Yellowstone — 2020, 5,301/day
East of Yellowstone — 2021, 7,133/day
NORTH: Single family residential subdivision and City lift station; Single Family Residential (R-1) zone
EAST: RV retail across Yellowstone Ave; Industrial (1) zone
SOUTH: Three businesses and a four-plex; General Commercial (C-2) and Limited Residential (R-2) zones
WEST: Wyndhaven Subdivision apartments, 3 -stories; Single Family Residential (R-1) zone
CUP Denial Form- FFCL
SERVICES:
ACCESS STREET: Access from Siphon Rd only
EMERGENCY SERVICES: City of Chubbuck
CULINARY WATER SERVICES: City of Chubbuck
SEWAGE DISPOSAL: City of Chubbuck
PRESSURIZED IRRIGATION: No surface water rights
APPLICABLE LAWS AND PLANS:
1. Idaho Statutes §67-6512: Special Use Permits, Conditions, and Procedures
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 18.16: Design Review Criteria
c. Chapter 18.28.020: Conditional Use Permits (CUP) Procedures
PROCEDURES:
1. A design review clearance was obtained on August 23, 2022 in accordance with Chapter 18.16:
Design Review Criteria of City Code.
2. In accordance with City Code 18.28.020 and the current fee resolution, a complete petition and
fees for a Conditional Use Permit were filed with the City at least 28 days prior to the public
hearing and which contained the appropriate documents.
3. In accordance with City Code 18.28.010 and Idaho Statutes §67-6509 and §67-6512, notice of the
public hearing was provided at least 15 days prior to the public hearing as follows:
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; and
d. Notice sent to utilities and political subdivisions providing services within the City; and
e. Notices posted prominently at the City office and on webpage;
4. A public hearing was conducted in accordance with procedures established by City Code 18.28.010
and Resolution No. 2021-06.
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 a Conditional Use Permit as found in city code
section 18.28.020.C5 and the ability to impose conditions of approval in accordance with section
18.29.020.C6, the Land Use and Development Commission finds the following:
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CHUBBUCKN a
I a
290 E Linden Avenue, Chubbuck, ID 83202
208.237,2430 -- Fax 208.237.2409
www.CityofChubbuck.us
CUP Denial Form- FFCL
1. The proposed use is conditionally permitted in the subject zoning district and complies with the
applicable provisions of city code unless modified through the conditional use permit process.
The proposed residential use is generally in conflict with the goals, objectives, and policies of
the adopted Comprehensive Plan.
This quadrant of the Siphon/New and Yellowstone intersection is designated for "Commercial"
development on the Future Land Use map as are two others, and the fourth is designated
"Employment". C-1 and C-2 zones are allowed in the "Commercial" designated areas, C-2 and I
zones in the "Employment" areas. The zoning in the area reflects the Future Land Use Map. The
parcel is entirely in the General Commercial (C-2) zone.
Goals, Objectives, and Policies of the Plan encourage residential infill at appropriate locations,
but also to ensure an adequate supply of commercial land (Chapter 4, Goal 5, Objective 1,
Policies f and g). The plan also points to Yellowstone as a commercial corridor and general
commercial zoning should be at the intersections of principle arterials or on Yellowstone Ave
(Chapter 4, Goal 3, Objective 2 and Policy a). Land at the intersection is more suitable for
commercial uses.
An intersection of two principal arterials is prime location for commercial land uses to benefit
the long-term needs of the community. Comprehensive Plan References:
a. Future Land Use Designations Map, as amended
Chapter 4 Land Use, Comprehensive Plan Map — Plan Designation, Table 4-3: Plan District -
Zone Conversion
c. Chapter 4 Land Use, Goal 3, Provide convenient commercial locations and limit their
impacts on transportation systems residences, and visual integrity, Objective 2 General
commercial zoning should be located between communities or at a community center, at
the intersection of principle arterials, or on Yellowstone Avenue between Quinn Road and
Siphon Road and Policy a) Base commercial development locations on concepts identified
on the Regional Growth Management Plan Map and land use designation on the Chubbuck
zoning map.
d. Chapter 4 Land Use, Goal 5 Encourage Compatible Land Uses, Objective 1 Encourage a
transition of land from low -intensity land uses to higher intensity land uses, Policy a)
Adhere to land use designations on the Comprehensive Plan Map
3. Plan policy is to create a commercial corridor on Yellowstone and to ensure an adequate supply of
commercial land, to ensure its visual appeal, and to limit negative impacts. Commercial development
at this corner is appropriate. Comprehensive Plan references:
a. Chapter 4 Land Use, Goal 3, Provide convenient commercial locations and limit their impacts on
transportation systems residences, and visual integrity, Objective 2 General commercial zoning
should be located between communities or at a community center, at the intersection of
principle arterials, or on Yellowstone Avenue between Quinn Road and Siphon Road and Policy
a) Base commercial development locations on concepts identified on the Regional Growth
Management Plan Map and land use designation on the Chubbuck zoning map
1940,_t_\
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
CUP Denio! Form- FFCL
b. Chapter 4 Land Use, Goal 5 Encourage Compatible Land Uses, Objective 1 Encourage a transition
from low -intensity to higher intensity land uses, Policy g) Ensure an adequate supply of
commercial land sensitive to market trends
4. The Plan encourages residential infill in suitable locations; this site is at the intersection of two
principal arterials and not suitable for residential development. It also states that large
apartment complexes such as this should be adjacent to neighborhood parks or developed in
conjunction with general commercial complexes (Chapter 10, Goal 3, Objective 2, Policy c). The
project is within 114 mile of Bicentennial Park but not near any general commercial center.
Comprehensive Plan references:
a. Chapter 4 Land Use, Goal 5 Encourage Compatible Land Uses, Objective 1 Encourage a
transition from low -intensity to higher intensity land uses, Policy f) Encourage residential infill at
appropriate locations
b. Chapter 4 Land Use, Goal 3, Provide convenient commercial locations and limit their impacts on
transportation systems residences, and visual integrity, Objective 2 General commercial
zoning should be located between communities or at a community center, at the
intersection of principle arterials, or on Yellowstone Avenue between Quinn Road and
Siphon Road and Policy a) Base commercial development locations on concepts identified
on the Regional Growth Management Plan Map and land use designation on the Chubbuck
zoning map
c. Chapter Land Use, Goal 5 Encourage Compatible Land Uses, Objective 1 Encourage a transition
from low -intensity to higher intensity land uses, Policy f) Encourage residential infill in suitable
locations.
Chapter 10 Housing, Goal 3 Encourage more dense residential development patterns within the
City, Objective 2 Encourage more dense residential developments, generally meeting the
following criteria, in all areas of the city, Policy c) Multi -family: Encourage small garden apartment
complexes adjacent to neighborhood commercial centers. Encourage large apartment complexes
in conjunction with general commercial centers or adjacent to neighborhood parks..
5. The proposed use is not compatible with other existing and permitted uses in the general
vicinity.
Although there is a multi -family development immediately west of the site, two of the other
quadrants at the intersection have developed as commercial properties and the vacant corner is
also in the C-2 zone. The intersection of two principal arterials and adherence to the City zoning
map and the Comprehensive Plan Future Land Use Map are dominant factors in determining
that the site should be developed commercially.
a. Chapter 4 Land Use, Goal 3 Provide convenient commercial service locations and limit their
adverse impacts on transportation systems, residences, and visual integrity, Objective 1
General commercial zoning should be located between communities or at a community
center, at the intersection of principle arterials, or on Yellowstone Avenue between Quinn
Road and Siphon Road, Policy a) Base commercial development locations on concepts
identified on the Regional Growth Management Plan Map and land use designation on the
Chubbuck zoning map
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CHUBBUCKR N 0
I n
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
CUP Denial Form- FFCL
b. Chapter 4 Land Use, Goal 5 Encourage compatible land uses, Objective 1 Encourage a
transition of land use from low -intensity land uses (i.e., residential, quasi -public park) to
higher intensity land uses (i.e., commercial and industrial). Purposefully arranged land use
transitions avoid conflicting uses while keeping distances between uses short enough to
facilitate communications, transportation, and human activity between them, Policy f)
Encourage residential infill in suitable locations
6. The proposed use is not harmonious in scale, mass, coverage, density, and intensity with all
adjacent permitted land uses.
The adjacent permitted land uses at the intersection are commercial in nature and have
different scale, mass and activity as this proposal. The basic layout and design of the buildings,
windows and architectural features, e.g., make it inharmonious as well. The proposal is similar to
the development to the west, but the location at the intersection of two principal arterials with
commercial and industrial zoning should be developed commercially,
a. Chapter 6 Community Design, Goal 2 Encourage new development that is compatible with
existing buildings and neighborhoods, and promote and preserve the quality of residential
neighborhoods, Objective 1 Use design guidelines, standards, and incentives to ensure that
new infill and redevelopment are compatible with established development, Policy a) Bulk
and height of the new residential infill and redevelopment projects shall be similar in scale
to surrounding residential development
b. Chapter 6 Community Design, Goal 2 Encourage new development that is compatible with
existing buildings and neighborhoods, and promote and preserve the quality of residential
neighborhoods, Objective 2 Encourage infill and redevelopment to be pedestrian -oriented,
STRATEGY: Use infill, redevelopment, and housing compatibility design standards
c. Chapter 6 Community Design, Goal 3 In new neighborhoods, provide a better mix of
residential and commercial land uses and a more walkable community, Objective 2 Use
neighborhood design principles for new development within Neighborhood Plan Districts,
as defined on the Growth Management Plan Map, Policy a) New neighborhoods shall be
designed to meet the following design principles: i. Connect streets with other streets to
provide a network. ii. Use distinct edges or boundaries to define the neighborhood. Iii.
Include sidewalks that are safe, convenient, and interesting. iv. Incorporate parks and
institutions into neighborhoods. v. Provide a mix of housing choices and types. vi. Design
neighborhoods to accommodate bus transit. vii. Require buildings, whether residential,
commercial, industrial, or institutional, to be compatible in terms of scale and design
7. The proposed use would not place an undue burden on transportation, police, fire and EMS
protection, water/sewer, schools, and other public facilities or agencies, in the vicinity.
8. The proposed use, if it complies with all conditions imposed, WILL adversely affect other
properties or the environment in the vicinity to a materially greater extent than would uses
permitted outright by this Code.
/64�\
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www. CityofCh u bbuc k. us
CUP Denial Form- FFCL
Multi -family development at this intersection of two principal arterials would be detrimental to
the long-term economic development of the corridor and the City. Commercial development is
a more viable long-term land use.
ORDER: CONCLUSION AND DECISION: PERMIT TERMS
The Land Use and Development Commission, pursuant to the aforementioned, finds that the request
for a Conditional Use Permit as herein described, shall be DENIED.
2. 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. Applicant has a right to request a regulatory takings analysis pursuant to section 67-8003, Idaho Code.
4. This decision is effective ten (10) calendar days from its signing by the Chair.
5. Whether approved, approved with conditions, or denied, any party seeking judicial review of the
decision must first appeal this decision to the City Council in accordance with section 18.28.080 and
18.28.090.
APPROVED BY THE CHAIR OF THE LAND USE & DEVELOPMENT COMMISSION OF
CITY OF CHUBBUCK, IDAHO, this J y-9 day of �r�6ks , 2023 .
ason C. Mendenhall, Chair
ATTEST:
J o rs, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK
www.CityofChubbuck.us
1 0 A H 0