Loading...
HomeMy WebLinkAboutPH #1 Miller Park Initial ZoningCHUBBUCK I o A H 0 Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www. C ityofC h u b buck. us APPLICATION FOR INITIAL ZONING DESIGNATION OF LIMITED RESIDENTIAL (R-2) ON 22.67 ACRES CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON AUGUST 8, 2023 SUMMARY DESCRIPTION: An application for initial designation of property into the Limited Residential (R-2) Land Use District (zone) that is proposed to be annexed into the City of Chubbuck. The subject property comprises approximately 22.67 acres of land located at the northwest corner of Philbin Road and Angela Street in Chubbuck, Idaho. Type of Action: Recommendation (Action Item). STAFF FINDINGS: After reviewing the application, Staff finds that it meets the requirements for the Designation in the Limited Residential (R-2) Land Use District. • The Comprehensive Plan Future Land Use map designates this area for Mixed Use (MU) and Medium Density Residential (MDR) development, o MU is supported by the R-1, R-2, R-3, R-4, and C-1, and o MDR is supported by the R-2 and R-3 zoning districts. • The application has met City Code requirements to be heard for a change in land use district. • Staff recommends approval. o It complies with the Comprehensive Plan and is not deemed spot zoning. o The requested zone, Limited Residential (R-2), is compatible with the neighboring Single - Family Residential (R-1) and Limited Residential P (R -2P) zones. FACTS BACKGROUND: This parcel and an adjacent lot were purchased several years ago for development as a city park and a fire station, with a combined area of over 31 acres. The other parcel, along the north side of Angela St and south of this parcel, was annexed in 2007. A city -owned secondary pressurized irrigation pump station is located on the northwest corner of the property. Surrounding parcels are built with suburban (single-family) and rural (large lot) residential development. A public hearing for this proposal was held before the Commission on July 11, 2023, but due to a procedural error the hearing will be repeated on August 8, 2023. Staff has fielded several questions from the public about this hearing. Callers have been assured that a park and fire station are still planned for the property, and the zoning action is part of the annexation process. 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 standards for approval). The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. APPLICANT: OWNER: Devin Hillam City of Chubbuck Community Services Director 290 E Linden Ave City of Chubbuck Chubbuck, ID 83202 290 E Linden Ave Chubbuck, ID 83202 LOCATION: The site is at the northwest corner of Philbin Rd and Angela St. The site includes Bannock County parcel number R3853006504. REFERENCE MAP: SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County Residential Suburban PROJECT SIZE: ±22.67 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: IRRIGATION FACILITIES: City pump station RECENT TRAFFIC COUNTS ON PHILBIN RD: South of Siphon — 2020, 2,518/day North of Chubbuck— 2021, 3,445/day South of Chubbuck— 2021, 6,896/day RECENT TRAFFIC COUNTS ON CHUBBUCK RD: West of Philbin — 2021, 3,053/day East of Philbin — 2022, 6,665/day 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 A H 8 SURROUNDING LAND USES AND ZONING NORTH: Rural residential — large lots; Bannock County Residential Suburban zone EAST: Rural residential — large lots; Bannock County Agricultural zone SOUTH: Single family residential; zone Single -Family Residential (R-1) WEST: Single family residential; Limited Residential P zone (R -2P) SERVICES: ACCESS STREET: Philbin Rd, Angela St, and Petersburg Dr. EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, water mains present in Petersburg Dr and Angela St. SEWAGE DISPOSAL: City of Chubbuck, sewer mains present in Petersburg Dr and Angela St. PRESSURIZED IRRIGATION: City pump on property, irrigation lines in Angela St. PROCESS PROCEDURES: 1. In accordance with City Code 18.28.050 and the current fee resolution, a complete petition and fees for a Change of Land Use District 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. 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; d. Notice sent to utilities and political subdivisions providing services within the City; 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 Statute §67-6511. APPLICABLE LAWS AND PLANS: 1. Idaho Statutes §67-6511: Zoning Ordinance and §67-6525: Plan and Zoning Ordinance Changes Upon Annexation of Unincorporated Area 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code Title 18: Land Use, particularly: a. Chapter 18. 08.020 District Boundaries and Land Use Map b. Chapter 18.28.50 Title Text and Map Amendments and Initial Zoning District Designation PUBLIC COMMENTS RECEIVED: One written comment was received from the general public as of this report. POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report. 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 R H 0 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." The proposal does not meet either of the definitions of spot zoning. The proposal: 1. Complies with the Comprehensive Plan. The R-2 zone supports the MU and MDR designations 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 R-2 zone is "to provide for neighborhoods of single household dwellings, class I production buildings, and abutting zero lot line residences" (Title 18.08.10.C.). The proposed zone, and proposed use of the property, do not meet the definition of spot zoning 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. Di 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1DAHO 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 Response. The R-2 district is a low intensity zoning district and is similar to surrounding districts. To the west properties are in the R -2P zone, and to the south the R-1 zone. The zoning and annexation will place the property entirely within the city limits and subject to city code and regulations. 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 Response. The R-2 district is a low intensity zoning district and is similar to surrounding districts. To the west properties are in the R -2P zone, and to the south the R-1 zone. The uses allowed In POLICY 3 The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. RESPONSE Response. The subject property, because of its topography and availability of utilities, is suitable for R-2 permitted uses and many others. However, the planned uses of the property are a public park and fire station. 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 Response. The property is adequately served by public agencies and utilities. Di 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1DAHO 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 the goals, objectives, and policies of the Comprehensive Plan. More information can be found in EXHIBIT 3B. STAFF RECOMMENDATION Staff recommends approval of the application. • It complies with the Comprehensive Plan and is not deemed spot zoning. • The requested zone, Limited Residential (R-2), is compatible with the neighboring Single -Family Residential (R-1) and Limited Residential P (R -2P) zones. • Recommended conditions: none. EXHIBITS 1. Application Materials 2. Zoning and Land Use a. Current Zoning Map and Proposed Designation b. Standards for Reviewing a Land Use District Designation 3. Comprehensive Plan a. Future Land Use Map b. Policies Relevant to the Application c. Urban Services Boundary 4. Public Comment Received Additional materials on file with staff, available upon request: • Copy of warranty deed • 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: August 1, 2023 brought to light at or before the hearing. Aii��Ic\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us -® 290 E Linden Avenue INITIAL ZONING '� Chubbuck, ID 83202 20Fax APPLICATION CHUBBUCK 208 237 2409 Aug. 2021 Form I fl a a a www.CityofChubbuck.us WAGE 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 PAINlik Y N AMOUNT: SECTION A APPLICANT INFORMATION Al. Name Devin Hillam, Community Services Director, City of Chubbuck A2. Mailing Address 290 E Linden Ave city Chubbuck State ID Zip Code 83202 A3. Phone Number {including area code) A4, Email Address 208-237-2400 dhillam@cityofchubbuck.us A5. Is Applicant the Owner of Record? 0 Yes I] No; If "No", an Affidavit of Legal interest must be completed and submitted SECTION IB— OWNER INFORMATION (IF DIFFERENTTHAN PART A) 131, Name City of Chubbuck 132, Mailing Address 290 E Linden Ave city Chubbuck state ID Zip Code 83202 133. Phone Number (including area code) 134. Email Address 208-237-2400 dhillam@cityofchubbuck.us SECTION C —SITE INFORMATION Cl. Site Address (or location If no address) City Zip C2. Tax Parcel #fs) Northwest corner of Philbin & Angela St. 83853008504 SECTION D—PLANNING INFORMATION D1. Gross Area D2. Comprehensive Plan Future Land Use Designation(s) 22.67 acres Medium Density Residential - MDR D3. Current/Existing Land Use(s) & Structures 134. Current Zone(s) Vacant field; includes city -owned secondary County- Residential Suburban pressurized irrigation system pump station D5, Proposed Zone(s) D6. Acreage for Each Proposed Zone: R-2 22.67 acres D7. Proposed Land Use(s), if known: City Park and Future Fire Station. Date of park and station improvements are unknown. SECTION E --SUBMITTAL REQUIREMENTS & DOCUMENTS dJ /rwlvaCl_ CHUBBUCK I B 9 H a 290 E Linden Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us INITIAL ZONING APPLICATION Aug. 2021 Form PAGE 2 OF 4 E1. Application Fees: $535 + $1.50/mailing ( '] 2i # of mailings) Waived total E2. Affidavit of Legal Interest: To be signed by the property owner(s) if the application will be represented by A someone other than the property owner E3. Warranty deed(s) showing ownership for all properties included in initial zoning 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. If the annexation is required to encompass some roadway or right-of-way as per the annexation, a different legal description may be required. 5. Map showing the proposed zone(s) (Note: if more than one zone is proposed, a complete legal description for each area is required and must follow parcel boundaries.) Es. Submitted with a complete Annexation Application E7. Provide legible responses to the following (use an additional sheet if necessary): 1. How do you believe that the proposed zoning is in the community's best interest? The R-2 district is the lowest intensity zoning district allowed by City ordinance. This use is similar to surrounding zoning districts. West of this property are properties zoned R -2P and south of this property are properties zoned R-1. The zoning and annexation will place the property known as future "Miller Park" entirely within the limits of the City and subject to the City's codes and regulations. 2. How do you believe the list of uses permitted by Chubbuck Municipal Code section 18.08.040 for the requested zone blend with surrounding land uses? As previously stated, the requested R-2 zoning district is similar to the adjoining zoning districts. West of the subject property is an R -2P zoning district and south of the property is an R-1 zoning district, The uses allowed in R-2, R -2P, and R-1 are very similar with the primary difference being that zero lot line residences are permitted in R-2 zones and duplexes are conditionally permitted, and the R-2 district allows for a slightly higher development intensity. However, the Cit of Chubbuck owns the property and intends to develop it into a public city park and fire station. In all zones in Chubbuck, a fire station would require a conditional use permit approval. 290 E Linden Avenue INITIAL ZONING _�(�O_ Chubbuck, ID 83202 CHUBBUCK 20$.237.2430- fax APPLICATION 208.237.2409 Aug. 2021 Form I V& H H www.CityofChubbuck.us PAGE 3 OF 4 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 in the zone, if following the general controls established in section 18.08.040, align themselves with the surrounding R-1 and R -2P zoning districts with similar scale, mass, coverage, density, and intensity regulations. However, the planned uses of this property are for a public city park and fire station. 4. To your 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? There are no items which would prevent or hinder the serving of the property by public agencies under the proposed zone or any other zone. 5. How do you believe the proposed zoning 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 Plan's Future Land Use Map designates this property as Mixed Use (MU) and Medium Density Residential (MDR); the MU designation runs from Philbin westward for 1/10th of a mile and the MDR designation occupies the remainder of the subject property. Under Table 4-3 of the Plan, in the MU area and Chapter 4's Objective 5.1, Police A., any of the residential zones and C-1 can be assigned, and in the MDR area, R-2 or R-3 are the eligible zoning districts. A residential zone on this property fulfills Chapter 4's Objective 1.2 and its policies to ensure that public services and infrastructure are available. Even not considering the future park and fire station and looking at all of the allowed used in this zone, the limited residential uses fulfill the requirements of the Plan and are compatible with surrounding uses and zoning. The park and fire station, once developed, will fulfill Chapter 4's Objectives 2.1-2.3 and Chapter 5's Goal 1, Objective 1.2 and the associated policies by providing amenities that enhance the appearance of the residential area and that provide parks and trails to city residents. A fire station on this site will help fulfill Chapter 7's Goal 2, Objective 2.1 and its policies to provide constant and effective emergency medical service, and fire service. 44C';r_\\ CHUBBUCK io9Ha 290 E Linden Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us INITIAL ZONING APPLICATION Aug. 2021 Farre 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. • I hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • I 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 certifythat 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. Fl. Signature F2. Printed Name F3. Date —IA,- 4�' I, ', Devin Hillam 6.13.23 STOP: SECTION G -FOR STAFF USE ONLY -71irh 3 = `0 ANNEXATION ,BOUNDARY OESORIPTION A PARCEL OF LANG? LOCATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST 1/4 CORNER OF SECTION 5 BEING MARKED BY A 5/8 INCH REBAR WITH A 2 INCH ALUMINUM CAP, SEE CORNER PERPETUATION INST. NO. 22126715; THENCE NORTH 89"29'28" WEST, (BASIS OF BEARING PER CENTRAL MERIDIAN OF EAST ZONE OF IDAHO STATE PLANE COORDINATE SYSTEM), ALONG THE LATITUDINAL CENTER LINE OF SAID SECTION S, A DISTANCE OF 1318.32 FEETTO THE EAST 1/16 CORNER OF SECTION 5; THENCE SOUTH 00°33'34" EAST, ALONG THE EAST 1/16 LINE OF SECTION 5, ALSO ALONG THE EAST BOUNDARY LINES OF BROOKSTONE ESTATES DIVISION 8, RECORDED AS INST. NO. 22103486 AND BROOKSTONE ESTATES DIVISION 6, RECORDED AS INST. NO. 21510753, A DISTANCE OF 634.32 FEETTO A POINT ON THE NORTH BOUNDARY LINE OF ANNEXATION ORDINANCE 540, RECORDED AS INST. NO. 20713392; THENCE ALONG THE NORTH BOUNDARY LINE OF SAID ANNEXATION FOR THE NEXT EIGHT (8) COURSES: 1. NORTH 89°26'34° EAST A DISTANCE OF 592.29 FEET; 2. SOUTH 35008'24" EAST A DISTANCE OF 147.83 FEET; 3. SOUTH 29°15'55" EAST A DISTANCE OF 71.38 FEET; 4. NORTH 69"18'42" EAST A DISTANCE OF 181.66 FEET TO A POINT OF NON -TANGENCY OF A 233.00 FOOT RADIUS CURVE WHOSE CENTER BEARS SOUTH 69618'42" WEST; 5. FOLLOWING SAID CURVE IN A CLOCKWISE DIRECTION FOR AN ARC LENGTH OF 7.98 FEET, THROUGH A CENTRAL ANGLE OF 01°57'40", (THE CHORD OF SAID CURVE BEARS SOUTH 19042'28" EAST A DISTANCE OF 7.97 FEET) TO A POINT OF NON -TANGENCY; 6. NORTH 65°05'15" EAST A DISTANCE OF 131.58 FEET; 7. SOUTH 17"04'32" EAST A DISTANCE OF 95.97 FEET; 8. NORTH 89°43'52" EAST A DISTANCE OF 683.03 FEET TO A POINT ON THE EAST BOUNDARY LINE OF SECTION 5; THENCE NORTH 00°7.6'08" WEST, ALONG THE EAST BOUNDARY LINE OF SECTION 5, A DISTANCE OF 781.27 FEET TO TI4P POINT OF BEGINNING. CONTAINING 22.67 ACRES MORE OR LESS ANNEXATION FOR O►7Y OF CHUDB C LOCATED IN THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP SOUTH, RANGE 34 EAST, B.M,, BANNOCK COUNTY, IDAHO SKEET INFORMATION DRAFTER M. BAKED DRAWING IC,O.C. ANNEX MIGNEJM. BAILER FILEPATH MAP -DWG --d LEGAL DESCRIPTION FOR: I LAND USE MAP ANNEXATION FIGURE NO, ANNEXATION FOR THE CITY OF F _ CHUBBUCK, IDAH DATE JUNE -2023 N 89029'28" Vii 1318.32' EAST 1/4 CORNER OF SECTION 5, 4 FOUND 2 INCH ALUMINUM CAP STAMPED PLS 18971, SEE CORNER LINE TABLE INET. NO, 27126715 ----� � � S"? a Il,i M d � NUMBER DIRECTION DISTANCE L1 5 35°08'24" E 147.83' L2 5 29°16'55" E 71..38' L3 N 69"18'42" E 181.66' L4 N 55°[}5'15" E 131.5$' L5 517"Q4'32" E 98.97' f - N Co ra NUIVlBER C3IAP1°!1G SCALE -ano n 100 znn (IN FEET) 13023 1. inch = 200 feetilb DELTA ANGLE ARC LENGTH TANGENT -RADIUS CHORD DIRECTION CHORD LENGTH C1 w 7,95' 3.99' CURVE TABLE 519°42'28" E 7,97' d cc z NN 89026'34" 192.29' E G1 CL N 89043'62" E 683.03' w ry 00 a NUIVlBER C3IAP1°!1G SCALE -ano n 100 znn (IN FEET) 13023 1. inch = 200 feetilb DELTA ANGLE ARC LENGTH TANGENT -RADIUS CHORD DIRECTION CHORD LENGTH C1 01°57'44" 7,95' 3.99' 233,00' 519°42'28" E 7,97' l� � ANNEXaTiaN FOR G F a1JB13UK LOCATED IN THE SOUTHEAST 1/4 OF SI:CTICON 5, TOWNSHIP SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO z ui W co ANGELA ST. I 222131751 51114 - -- MAP ANNEXATION ANNEkATiC}N FI FIGURE THE CITY 0 CHuB SHEET INFORMATION {GRAFTER M. BAKER DRAWING eueK, IDALIkO.ZZ) C.O.C. ANNEX DESIGNER M. BAKER f:ILEPATH MAP.fOWG SOUTHEAST CORNER OF SECTION 5, FC►LIMO BRASS CAP IN VAULT, SEE CORNER PERPETUATION INSi: NO. NfJJSi1MXT' [ANI] SUR1/EY!!1f© LEGAL DISPLAY FOR: � � LAND USE Initial Zone Designation EXHIBIT 2A: ZONING AND LAND USE CURRENT ZONING MAP AND PROPOSED DESIGNATION �& - Titd! Property -q ?N-31 Af Nk • w . Y+ 7 ^! t n7lil St 991 41 An 40 xv MA MEMNON fa Chubbuck Zoning Districts Agriculture (A) Single Family Residential (R-1) . Limited Residential (R-2) Limited Residential - P (R -2P) i Dense Residential (R-4) Limited Commercial (C-1) ■ General Commercial (C-2) ■ Industrial (1) . Planned Unit Development (PUD) ■ Creative Community ■ Creative Community -Northside Crossing (CC -NC) ■ Creative Community -Harvest Springs (CC -HS) County ■ Highway Cooridor (HC) ■ Village (V) EXHIBIT 2B: STANDARDS FOR REVIEWING A LAND USE DISTRICT DESIGNATION 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) IDAHO CODE §67-6511: ZONING ORDINANCE SUBSECTION 2(a) REQUESTS FOR AN AMENDMENT TO THE ZONING ORDINANCE — DELIVERY OF SERVICES STATE LAW Consider effects of zone change upon delivery of services by any political subdivision providing public service within the City RESPONSE Notices were sent to each of the following agencies regarding the proposed action COMMENT Bannock County Planning & Development Pocatello Regional Transit Fort Hall Irrigation Proj./Bureau of Indian Affairs Pocatello/Chubbuck School District 25: Idaho Fish and Game Pocatello- Chubb uck Auditorium District: North Bannock Fire District Portneuf District Library Pocatello Regional Airport. Southeastern Idaho Public Health: COMMENT Asa courtesy, notices were also sent to Bannock County Assessor, Idaho Power, and Intermountain Gas. No comments were received from any of the above utilities or agencies. SUBSECTION 2(B) PUBLIC NOTICE OF PROPOSED CHANGES STATE LAW Various notification requirements are addressed in Procedures section of the staff report SUBSECTION 2(C) PROPOSED CHANGES — COMPLIANCE WITH THE COMPREHENSIVE PLAN STATE LAW Governing board to analyze proposed changes to ensure they are not in conflict with the policies of the Comprehensive Plan RESPONSE If the request is in conflict with the Plan, OR would result in demonstrable adverse impacts on public services per subsection 2(a), governing board may: • Require the application be submitted to the LUDC, or • In the absence of a commission, consider an amendment to the Plan COMMENT All applications for land use district/zoning designation are presented to the LUDC for recommendation before going to the City Council CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us 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 pian la�les-15, 22a""Ou. euA 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 n -'t - w r_..... I� Lte,.ClI]C i�C]1LLCll Lldl C — Commercial C-1 - Limited Commercial C-2 - General Commercial E - Employment C-2 - General Commercial I - Industrial MU — Mixed Use R-1, R-2, R-3, R-4, C-1 COMMENT The proposal for R-2 zoning is in compliance 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 c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The area is within the Urban Service Boundary but not the City limits. 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 The area is served by existing water, sewer, and irrigation facilities. 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 is for R-2 zoning, which supports both the MU and MDR designations on the future land use map of the Comprehensive Plan. OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas COMMENT The intended uses, a park and fire station, are compatible with the surrounding area. Other codes and policies may be identified from State Law, City Code, or the Comprehensive Plan. Summaries of codes, goals, objectives, and policies may not be verbatim. See additional Comprehensive Plan Goals, Objectives, and Policies in Exhibit 3b. 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 Initial Zone Designation #1, wr EXHIBIT 313: COMPREHENSIVE PLAN ADDITIONAL 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. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT The proposed annexation is within the USB. CHAPTER 8: RECREATION GOAL 8.1 BROADEN RECREATIONAL OPPORTUNITIES OBJECTIVE 8.1.2 Create new parks and recreational facilities to serve both new development in existing neighborhoods and new communities POLICY c. Encourage the creation of neighborhood parks in conjunction with large-scale residential development and as part of the neighborhood refinement plan process COMMENT Most of the parcel is intended to be developed as a park. CHAPTER 14: AREA OF CITY IMPACT AND GROWTH MANAGEMENT GOAL 14.1 COOPERATIVELY MANGE REGIONAL GROWTH TO IMPLEMENT THE COMMUNITY VISION SET FORTH BY THE OUR VALLEY OUR VISION PROJECT OBJECTIVE 14.1.4 Use urbanization policies to guide annexation within USBs POLICY b. For land within the USB, annexation may be granted when essential urban services can be delivered to the subject property COMMENT Utilities are available at the site. /944c_\ CHUBBUCK 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us City Limits and USB Within City Limits City Boundary { Urban Service Area Initial Zone Designation EXHIBIT 3C: COMPREHENSIVE PLAN URBAN SERVICES BOUNDARY /moi- r �.:34 , Subject'" - Property p Y Angela St Al .:-- 23 low Nor 'Aff's sk!"Ilk"051M �j w I, _ ri .,.. r 1.7 R#+s 1 (RI.R �� • `7 L'X Angela St�� 'N x or r. ..stJ,ry ` A O If O m City Limits and USB Within City Limits City Boundary { Urban Service Area Initial Zone Designation EXHIBIT 3C: COMPREHENSIVE PLAN URBAN SERVICES BOUNDARY /moi- r �.:34 , Subject'" - Property p Y Angela St Al .:-- 23 low Nor 'Aff's sk!"Ilk"051M �j w I, _ ri y 1.7 R#+s 1 (RI.R �� • `7 L'X Angela St�� 'N -: 46'l or r. 0 Chubbuck Rd Don Matson From: Myron or Cheree W <walzmyro@hotmail.com> Sent: Sunday, July 30, 2023 2:06 PM To: Don Matson Subject: Zoning of Land Near Philbin Road and Angela Street Sir, Please accept this as our protest to rezoning this land to R-2. When we purchased our house on Cassie Drive, our realtor said that the field on the northwest corner of Philbin Road and Angela Street is Chubbuck City property and that the city was going to build a park there. We would much rather see a park there than duplexes or other multi -family dwellings. Duplexes most often are rental properties, as I have experienced by living/renting in such neighborhoods. Rental properties usually drive real estate values of nearby single family homes down. Rental properties can also tend to bring in a certain element of crime to the neighborhood. Single family homes would be welcome if that area must be turned into a housing development. Please do not zone this area R-2. If necessary, please zone it for single family homes. Thank you, Myron Walz walzmvro@hotmail.com Sent from Mail for Windows CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.