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Home My WebLink AboutItem #04 Legacy Park StorageCHUBBUCK Memo Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us TO: Honorable Mayor and Chubbuck City Council FROM: Don Matson, Planning Services Manager DATE: March 8, 2023 RE: An application for a Title Map Amendment from Dense Residential (R-4) to General Commercial (C-2) on approximately 1.90 acres of land located at approximately 301 E New Day Parkway, Chubbuck, Idaho. The application will be reviewed against criteria in section 18.28.050.6.8 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 and recommends approval. The Land Use and Development Commission (LUDC) will hold a public hearing on March 14, 2023 regarding the proposal and made a recommendation to the Council. At the Council meeting staff will relay the recommendation from the LUDC, along with any comments received in the public hearing. Staff will also provide an updated Findings of Fact and Conclusions of Law (FFCL) to Council if there are conditions recommended by the LUDC. See attached for additional information on the application. REQU EST Review the attached staff report, exhibits, public comment from the LUDC public hearing on March 14, 2023, and the recommendation from the LUDC and determine whether to approve, deny, or table the application. If approved, the action will take effect via ordinance. REFERENCE MAP :Ivr��i1Y'S�S'. r ATTACHMENTS A. Findings of Fact and Conclusions of Law B. Staff Report to LUDC with Application and Other Exhibits Minutes from LUDC meeting on March 14, 2023 are not yet available. 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1AAAA CHUBBUCK I o A H 0 Title Map Amendment - Ratliff Attachment A - Findings of Fact CITY COUNCIL 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2400 www.CityofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW FOR A TITLE MAP AMENDMENT (REZONE — QUASI-JUDICIAL) FOR 1.90 ACRES AT APPROXIMATELY 301 E NEW DAY PARKWAY FACTS REQUEST: An application for a Title Map Amendment from Dense Residential (R-4) to General Commercial (C-2) on approximately 1.90 acres of land located at approximately 301 E New Day Parkway, Chubbuck, Idaho. 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 AND OWNER: G. Brandon Ratliff 4902 Burley Dr, Suite 9 Chubbuck, ID 83202 LOCATION: The subject property is generally located at 301 E New Day Parkway, west of the Union Pacific Railroad and Jerry Rowland Park in Chubbuck, ID. The site is a portion of Bannock County parcel number RCCPC045301. COMPREHENSIVE PLAN FUTURE LAND MAP DESIGNATION: Commercial SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Dense Residential (R-4) TRAFFIC: Parcel has no direct access to any street at CURRENT LAND USE: Vacant this point in time, future indirect access to EXISTING STRUCTURES: None Yellowstone and New Day PROJECT SIZE: ±2.27 acres RECENT TRAFFIC COUNTS ON YELLOWSTONE: VIEWS: Open from all directions South of New Day/Siphon — TOPOGRAPHY: Relatively flat 2020, 10,719/day; 2021, 10,492/day IRRIGATION: Within Fort Hall Irrigation Project North of Park Lawn — 2019, 11,953/day RECENT TRAFFIC COUNTS ON NEW DAY: East of Industrial — 2019, 1,395/day West of Industrial — 2020, 5,301/day; 2021, 7,133/day Title Map Amendment - Ratliff Attachment A - Findings of Fact Title Map Amendment Approval Form- FFCL SURROUNDING LAND USES AND ZONING NORTH: Vacant; General Commercial (C-2) EAST: Railroad, single family neighborhood, city park, Single Family Residential (R-1) SOUTH: Vacant; Dense Residential (R-4) WEST: Vacant, General Commercial (C-2) SERVICES: ACCESS STREET: No direct access to any street at this point in time, future indirect access to Yellowstone and New Day via internal streets of Legacy Park development EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, developer is extending to property SEWAGE DISPOSAL: City of Chubbuck, developer is extending to property PRESSURIZED IRRIGATION: No pressurized system available; property currently has irrigation via Fort Hall project 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. 08.020 District Boundaries and Land Use Map b. Chapter 18.28.050: Title Text and Map Amendments and Initial Zoning District Designation 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. In In accordance with City Code 18.28.010 and Idaho Statute §67-6509, notice of the public hearing was provided at least 15 days prior to the public hearing: 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. 6. The Chubbuck City Council reviewed the record and the Commission's recommendation on March 14, 2023. 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. 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 R H 0 Title Map Amendment - Ratliff Attachment A - Findings of Fact Title Map Amendment Approval FFCF— F1KJn1KJ[;C. 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: 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. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Title Map Amendment - Ratliff Attachment A - Findings of Fact Title Map Amendment Approval Form- FFCL 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 CHUBBUCK 1 0 R H 0 Kevin B. England, Mayor ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us CHUBBUCK Title Map Amendment - Ratliff Attachment B - LUDC Report Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us APPLICATION FOR A TITLE MAP AMENDMENT (ZONE CHANGE) FROM DENSE RESIDENTIAL (R-4) TO GENERAL COMMERCIAL (C-2) CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON MARCH 14, 2022 SUMMARY DESCRIPTION: An application for a Title Map Amendment from Dense Residential (R-4) to General Commercial (C-2) on approximately 1.90 acres of land located at approximately 301 E New Day Parkway, Chubbuck, Idaho. The Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.B. Type of Action: Recommendation. (Action Item). 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 for Commercial land uses and development, which is supported by the General Commercial (C-2) and Limited Commercial (C-1) zoning districts. • The applicant has met City Code requirements to be heard for a Change in Land Use District. • Staff recommends approval of the application: o It complies with the Comprehensive Plan and is not deemed spot zoning. o It is compliance with community goals, objectives, and policies per the Comprehensive Plan. o Development of the property is required to follow standard procedures, such as Design Review. • Recommended conditions: none. FACTS BACKGROUND: This parcel is part of the Legacy Park development, which was annexed 2021 and placed in the Dense Residential (R-4) land use district. It was also recently approved for a change in the Comprehensive Plan Future Land Use Map from High Density Residential to Commercial. This request would change the zoning to coincide with neighboring properties on the north and west. 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: G. Brandon Ratliff 4902 Burley Dr, Suite 9 Chubbuck, ID 83202 Title Map Amendment - Ratliff Attachment B - LUDC Report 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. COMPREHENSIVE PLAN FUTURE LAND MAP DESIGNATION: Commercial REFERENCE MAP: SITE CHARACTERISTICS & ZONING CURRENT ZONING: Dense Residential (R-4) CURRENT LAND USE: Vacant EXISTING STRUCTURES: None PROJECT SIZE: ±2.27 acres VIEWS: Open from all directions TOPOGRAPHY: Relatively flat IRRIGATION: Within Fort Hall Irrigation Project TRAFFIC: Parcel has no direct access to any street at this point in time, future indirect access to Yellowstone and New Day RECENT TRAFFIC COUNTS ON YELLOWSTONE: South of New Day/Siphon — 2020, 10,719/day; 2021, 10,492/day North of Park Lawn — 2019, 11,953/day RECENT TRAFFIC COUNTS ON NEW DAY: East of Industrial — 2019, 1,395/day West of Industrial — 2020, 5,301/day; 2021, 7,133/day SURROUNDING LAND USES AND ZONING NORTH: Vacant; General Commercial (C-2) EAST: Railroad, single family neighborhood, city park; Single Family Residential (R-1) SOUTH: Vacant, Dense Residential (R-4) WEST: Vacant; General Commercial (C-2) /94�4c\ CHUBBUCKH 8 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Title Map Amendment - Ratliff Attachment B - LUDC Report SERVICES: ACCESS STREET: No direct access to any street at this point in time, future indirect access to Yellowstone and New Day via internal streets of Legacy Park development EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, developer is extending to property SEWAGE DISPOSAL: City of Chubbuck, developer is extending to property PRESSURIZED IRRIGATION: No pressurized system available; property currently has irrigation via Fort Hall project 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. In In accordance with City Code 18.28.010 and Idaho Statute §67-6509, notice of the public hearing was provided at least 15 days prior to the public hearing: 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. 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. 08.020 District Boundaries and Land Use Map b. Chapter 18.28.050: Title Text and Map Amendments and Initial Zoning District Designation 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 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 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 R H 0 Title Map Amendment - Ratliff Attachment B - LUDC Report 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." The proposal does not meet either of the definitions of spot zoning. The proposal: 1. Complies with the Comprehensive Plan. The C-2 zone supports the Commercial designation on the Future Land Use Map. 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 C-2 zone is to "a broad variety of business establishments" (Title 18.08.10.H.). 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. /944�c-\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us 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 proposal would bring the area more in line with current market conditions. 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 Adjacent land on the north and west is already in the C-2 zone, making this change very compatible. The C-2 and R-4 zones may allow development with similar intensity. POLICY 3 The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. RESPONSE As a 'greenfield" development (land that was not previously developed) and relatively flat topography, the site is suitable for the use. 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 developer will build access and utility connections to the site. After street and utility construction the site can also be served by police, fire, and EMS. As a commercially zoned property it should not have a direct impact on any schools. 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. /944�c-\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Title Map Amendment - Ratliff Attachment B - LUDC Report STAFF RECOMMENDATION Staff recommends approval of the application. • It complies with the approval criteria found in section 18.28.050.8.a of City Code. • Development of the property is required to follow standard procedures, such as Design Review and Platting. • Recommended conditions: none. FXHIRITC 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 • Evidence of notice 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: March 8, 2023 brought to light at or before the hearing. CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Title Map Amendment - Ratliff Exhibit 1 - Application 4�czp\ CHUBBUCK Title Map Amendment - Ratliff Attachment B - LUDC Report 290 E. Linden Avenue TITLE AMEND- MAP Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 (REZONE) APPLICATION www.CityofChubbuck.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 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) 208-221-4962 A4. Email Address 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 133. Phone Number (including area code) 64. Email Address SECTION C — SITE INFORMATION Cl. Site Address (or Location if no Address) City Zip Chubbuck 83202 C2. Tax Parcel #(s) R3853003102 & R3853003000 SECTION D — PLANNING INFORMATION D1. Gross Area +/-2.27 acres D2. Comprehensive Plan Future Land Use Designation D3. Current/Existing Land Use(s) and Structures Vacant D4. Current Zone(s) R-4 Dense Residential D5. Proposed Zone(s) C-2 General Commercial D6. Acreage for Each Proposed Zone: +/-2.27 Acres D7. Proposed Land Use(s), if known: Self Storage & General Commercial Use Title Map Amendment - Ratliff Exhibit 1 - Application CHUBBUCK 10RHo Title Map Amendment - Ratliff Attachment B - LUDC Report 290 E. Linden Avenue TITLE AMEND- MAP Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 (REZONE) APPLICATION www.CityofChubbuck.us Aug. 2021 Form PAGE 2 OF 4 SECTION E —SUBMITTAL REQUIREMENTS E1. Application Fees: $535 + $1.50/mailing (# 18 of mailings) = $ 562.00 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 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? When the previous rezone 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 C-2 and R-4 to shift to the south. The proposal does not seek to create a new area of zoning, 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. How do the list of uses permitted by Chubbuck Municipal Code section 18.08.040 for the requested zone blend with surrounding land uses? There is no adverse change to the existing conditions. The line delineating the two boundaries was recently updated and this proposal will just shift the line to the south. The property is currently undeveloped. 3. How are the uses permitted in the proposed zone harmonious in terms of scale, mass, coverage, density, and intensity with adjacent land uses? The uses permitted are congruent with the adjacent properties as shown in the recent zoning of the property. This proposal seeks to adjust the previous line in order to accommodate the new master plan. Title Map Amendment - Ratliff Exhibit 1 - Application /641—a \ CHUBBUCK Igloo 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? We are not aware of any new information that would prevent the proposed area from being adequately served. 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. The proposal is supported by the Chubbuck Comprehensive Plan in the same ways as what was deemed acceptable in the recent zoning of the property. We are seeking to adjust the zoning line to the south in order to accommodate the new master plan. SECTION 1=- 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 Drocess/hearing and may result in additional fees for rescheduled Dublic hearings. Fl n4 r /, ,, I F2� Printf1 Name Cfi rupr 1 F3 Title Map Amendment - Ratliff Exhibit 1 - Application CHUBBUCK 290 E. Linden Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us STOP! SECTION G -FOR STAFF USE ONLY 606 G1. COMPLETENESS REVIEW: Reviewed by: Date: Deemed complete? G2. SCHEDULED FOR LUDC: Scheduled Meeting Date: Title Map Amendment - Ratliff Attachment B - LUDC Report TITLE AMEND- MAP (REZONE) APPLICATION Aug. 2021 Form PAGE 4 OF 4 ❑ Yes ❑ No If no, list concern(s): Applicant Notified? Yes ❑ No Comments: Applicant Contacted? ❑ Yes ❑ No Title Map Amendment - Ratliff Exhibit 1 - Application A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF THE NORTHEAST 114 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 D STANCE OF 420.81; THENCE SOUTH 89°36'44" 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; 34 THENCE SOUTH 01 °12'43- EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 303.58 FEET TO THE POINT OF 3 BEGINNING. THENCE CONTINUING SOUTH 01'12'43* EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 125.00 FEET; THENCE NORTH 89°36'21" WEST, A D STANCE OF 201.17 FEET; _ THENCE NORTH 00°23'39" EAST, A DISTANCE OF 26.00 FEET; N THENCE NORTH 89°36'21" WEST, A DISTANCE OF 606.98 FEET; Q THENCE NORTH 23°41'09" EAST A D STANCE OF 107.72 FEET; „ THENCE SOUTH 89°36'21' EAST A DISTANCE OF 762.05 FEET TO THE POINT OF BEGINNING. CONTAINING 1.90 ACRES, MORE OR LESS S89°36'44"E 1,573.94' � 11 rf� r 130 3 � OF e� S89°36'21 "E W Lq m 0 w ih CDN A 762.05' w a ^� C-2 ZONING o r-) N c 1.90 AC. 2 N89°362 ] "W c' 0 606.98' NOD°23'39'E 201.17' Ln 26.00' N89°36'21 "W LEGAL DISPLAY FOR: I C-2 GENERAL COMMERCIAL ZONE 0 ISO, 300' FIGURE LEGACY PARK - NO. SCALE. 1" w 150' DIVISION x LANDOUEST Fw' SHEET INFORMATION DEVELOPMENT, LLC DRAFTER JPD REVIEWER MSB DRAWING REZONE CHUBBUCK, IDAHO �i • DATE DESIGNER JPD PROJECT NO. 2021020 FILEPATH MAP-LEGALS.DWG MARCH -2023 R EXHIBIT 2A: ZONING AND LAND USE CURRENT ZONING MAP AND PROPOSED CHANGE Subject Pro ert Chubbuck Zoning Districts Agriculture (A) Single Family Residential (R-1) Limited Residential (R-2) Limited Residential - P (R -2P) ■ Dense Residential (R-4) Limited Commercial (C-1) ■ General Commercial (C-2) Industrial (i) ■ Planned Unit Development (PUD) ■ Creative Community Creative Community -Northside Crossing (CC -NC) LCreative Community -Harvest Springs (CC -HS) County Highway Cooridor (HC) ■ Village (V) Title Map Amendment - Ratliff Attachment B - LUDC Report Title Map Amendment - Ratliff Attachment B - LUDC Report EXHIBIT 213: 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•R 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 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 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 18.28.010.0 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. Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us EXHIBIT 3A: COMPREHENSIVE PLAN FUTURE LAND USE MAP L �f (approximate boundary) :A F-. Title Map Amendment - Ratliff Attachment B - LUDC Report Pocano St Roanoke Dr Title Map Amendment - Ratliff Attachment B - LUDC Report 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 POLICIES FROM 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 ,. ,.- _ _, 1. — l-VIIIiHerclid %- , = 4-I - LIIIIILCU L.UI[1IiICC[-Id1 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 C-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 project is within City limits and the Urban Service Boundary. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use POLICY c. Take advantage of the existing investment by encouraging infill and redevelopment projects COMMENT Developer is extending infrastructure at his expense. GOAL 4.3 PROVIDE CONVENIENT COMMERCIAL SERVICE LOCATIONS AND LIMIT THEIR ADVERSE IMPACTS ON TRANSPORTATION SYSTEMS, RESIDENCES, AND VISUAL INTEGRITY OBJECTIVE 4.3.2 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 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 Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Title Map Amendment - Ratliff Attachment B - LUDC Report COMMENT The site is part of a larger development near the intersection of two principal arterials. It is designated Commercial on the Comprehensive Plan Future Land Use Map. 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 g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT C-2 zoning adheres to the Future Land Use Map, and the commercial zoning is more in tune with current market conditions. 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 Legacy Park development, which includes this parcel, was in agriculture use until recently, but surrounded by on all sides by all types of land uses. In many ways it resembles an infill development. CHAPTER 11: ECONOMIC DEVELOPMENT GOAL 11.2 CENTRALIZE COMMERCIAL ACTIVITIES 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 change would slightly enlarge an area of commercial zoning. CHAPTER 14: AREA OF CITY IMPACT AND GROWTH MANAGEMENT GOAL 14.1 COOPERATIVELY MANAGE REGIONAL GROWTH TO IMPLEMENT THE COMMUNITY VISION SET FORTH BY THE OUR VALLEY OUR VISION PROJECT OBJECTIVE 14.1.3 Use a USB to ensure that development occurs only when adequate public facilities and infrastructure are available POLICY b. The City shall use the USB to promote the efficient delivery of urban services by encouraging a compact form of urban development COMMENT The property is within the USB. Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us