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Home My WebLink AboutPH #1 Section 18 Hotel or Motel................... .................... CHIIBBUCK III■INQ■III■IIP%■NI Memo Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us TO: City of Chubbuck Land Use and Development Commission FROM: Don Matson, Planning Manager DATE: October 3, 2023 RE: A petition by City of Chubbuck City staff to amend Chubbuck City Code Chapter 18.06 to add a new definition of "Hotel or Motel", and to amend the Schedule of General Controls, Section 18.08.040, regarding the permitted locations of hotels and motels, to limit them, as defined, to the General Commercial (C-2) zoning district. Type of action: Recommendation. (Action Item) BACKGROUND In response to several issues surrounding an extended stay business within the City, the City Council passed a resolution earlier this year to establish a moratorium on licenses, permits, and other applications for new or expanded extended stay facilities; the moratorium has since been expired but a desire and need still exist to ensure that proper controls exist to ensure the public health, safety, and welfare. The city does not have special regulatory standards to differentiate hotels and motels from extended stay facilities, nor a definition for a hotel or motel. The attached draft ordinance proposes a definition forthe functions of hotels and motels, and limits their locations to the General Commercial (C-2) zone. FACTS PETITIONER: City of Chubbuck Attn: Community Services Department 290 E Linden Avenue Chubbuck, ID 83202 (208) 237-2430 APPLICABLE LAWS AND PLANS: 1. Chubbuck Comprehensive Plan (as amended) 2. Chubbuck City Code • Notices of the hearing provided in accordance with City Code Chapter 18.28.010.B. o No comments have been received as of this report. • Standards for approving a title text or map amendment per City Code Chapter 18.28.050.B.8. 3. Because the proposal covers the City at large this is a legislative action, not quasi-judicial. STANDARDS FOR APPROVING A TITLE TEXT AMENDMENT The review and action by the Land Use & Development Commission is a recommendation to the City Council based on three criteria for proposed text amendments in City Code: CRITERIA A — COMMUNITY: The proposed text amendment would be in the community's best interest. Each of the proposed amendments are in the community's best interest. 1. New Definition: Hotels and motels have similar functions and are important to our economy. However, there is no definition in City code to help regulate and protect this class of businesses. Adding the definition sets them apart from other types of lodging and residences. 2. Hotels and motels are both listed in the Land Uses by Districts table under the Schedule of General Controls in Title 18. Despite their similarities, they are permitted or conditionally permitted in different zones. The only similarity is that they both permitted uses in the General Commercial (C-2) zone. This change would place them together and limit their location to the C-2 zone. CRITERIA B — CONSISTENCY: The proposed text amendment is consistent with the existing provisions of the zoning ordinance. The purpose of the zoning ordinance opens with "This title is enacted to protect the public health, safety and welfare by providing for compatible and harmonious uses of land within thejurisdiction of the city, by organizing uses to encourage growth consistent with a comprehensive plan...." • The proposed ordinance is compliant with and supports the Comprehensive Plan. • It will encourage the proper location of hotels and motels where they are most suitable. ❖ Currently motels are conditionally permitted in the Dense Residential (R-4) zone and permitted in the Industrial (1) zone. Both zones are less appropriate locations for their location. ❖ Hotels are conditionally permitted in the Industrial (1) zone, also a less compatible location for hotels. im 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Page 2 CRITERIA C — COMPLIANCE: The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. Upon review staff finds no conflict with the Plan (available at https://cityofchubbuck.us/wp- content/uploads/2018/01/2002-Comprehensive-Plan.compressed.p ; specifically, the following goals, objectives, and policies may have some application to the proposal. Summaries of goals, objectives and policies may not be verbatim. GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 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; keep distances between uses short enough to facilitate communications, transportation, and human activity between them. POLICY g. Ensure an adequate supply of commercial land sensitive to market trends. GOAL 6.2 ENCOURAGENEW DEVELOPMENT THAT IS COMPATIBLE WITH EXISTING BUILDINGS AND NEIGHBORHOODS, AND PROMOTE AND PRESERVE THE QUALITY OF RESIDENTIAL NEIGHBORHOODS OBJECTIVE 6.2.1 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. OBJECTIVE 6.2.2 Encourage infill and redevelopment to be pedestrian -oriented. POLICY e. Coordinate parking standards and parking lot designs with pedestrian, bicycle and transit systems. GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.2 Protect residential property values POLICY a. Use a combination of zoning, development standards, site planning guidelines, and transportation routes to protect residential property values. They will be used to create the highest level of compatibility between adjacent uses possible while retaining a synergistic mix of uses within neighborhoods and communities. GOAL 11.2 CENTRALIZE COMMERCIAL ACTIVITIES OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development. ME 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Page 3 RECOMMENDATION Based on the evidence and analysis above, staff finds that the draft code satisfies the criteria necessary to recommend approval of the title text amendment to the City Council, with the criteria being: A. The proposed text amendment would be in the community's best interest. B. The proposed text amendment is consistent with the existing provisions of the zoning ordinance. C. The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. 1. Draft Ordinance • No comments have been received. REPORT DATE: EXHIBITS Don Matson, MSP ( AICP Planning Services Manager dmatson@cityofchubbuck.us ( (208) 239-3252 October 3, 2023 Staff comments in this report are based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Page 4 EXHIBIT 1e DRAFT ORDINANCE CITY OF CHUBBUCK ORDINANCE No. A PETITION BY CITY OF CHUBBUCK CITY STAFF TO AMEND CHUBBUCK CITY CODE CHAPTER 18.06 TO ADD A NEW DEFINITION OF "HOTEL OR MOTEL", AND TO AMEND THE SCHEDULE OF GENERAL CONTROLS, SECTION 18.08.040, REGARDING THE PERMITTED LOCATIONS OF HOTELS AND MOTELS, TO LIMIT THEM, AS DEFINED, TO THE GENERAL COMMERCIAL (C-2) ZONING DISTRICT. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended 18.06. Section 18.06 of Chubbuck Municipal Code is amended to add a new definition of "Hotel or Motel" as follows: 18.06. DEFINITIONS 18.06.145 Hotel or Motel: A commercial facility, excluding temporary vacation rentals, which offers temporary lodging accommodations on a daily rate to theeg neral public (for stays ofeg nerally thirty (30) days or less) and which provides daily housekeeping service, including clean linens. A guest room shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee. If a room is occupied by a guest for more than thirty consecutive days and is the sole residence of the guest, then occupancy is not temporary, and does not qualify as a Hotel or Motel, except in cases of natural disasters such as fires or floods. Section 2. Amended 18.08.040. Section 18.08.040 of Chubbuck Municipal Code is amended as follows: 18.08.040 SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS: Land Uses Land Use Districts A R-1 R-2 R-3 R-4 C-1 C-2 I Hotel/Motel X X X X X X P CA Metel x x x x E x -P g ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the city and any provision of the Municipal Code which conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severability. The sections of this Ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval, and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of , 2023. Kevin B. England, MAYOR ATTEST: Joey Bowers, CITY CLERK