HomeMy WebLinkAboutBoyd and Darline Crump Li
CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This matter having come before the Council for
public hearing pursuant to public notice as required by
law, on May 10 , 198 3 , upon the
application of Boyd and Darline Crump
(hereinafter referred to as "applicant" ) for a
conditional use permit to to operate day care center
in General Commercial zone. C-C-2)
on the real property located at 5565 Yellowstone
and the Council having heard testimony from interested
parties and being fully advised in the matter, now makes
the following
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FINDINGS OF FACT
1. Applicant has applied for a conditional use
permit as particularly described above.
2. All legal requirements for notice of public
hearing have been met.
3. The property in question is zoned C-2 or
General Commercial pursuant to the Land
Use Ordinance of the City of Chubbuck.
4 . The property is designated as General
Commercial (C-2) in the duly adopted
Comprehensive Plan of the City of Chubbuck.
5. Relevent criteria and standards for
consideration of this application are set forth in
Land Use Ordinance - Section 7-4
6. The existing neighboring land uses in the
immediate area of this property are: To the north,
Agricultural •
to the south, General Commercial (C-2)
to the east, County Agricultural
to the west, General Commercial (C-2)
7. The facts relevant to an evaluation of the
relevant criteria and standards are as follows:
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION - Page 1
A. No one will live in home.
B. All access to home will be from Siphon Road.
C. Applicant installs a circle driveway to drop-off
children on the site, driveway to ingress and egress off Siphon
Road.
D. This area is planned for further development as
general commercial activities
E.
F.
G.
H.
8. Owners of adjacent property have / immxrA54x
expressed approval of the issuance of the requested
conditional use permit.
BASED UPON THE FOREGOING FINDINGS OF FACT, the City
Council hereby enters the following
CONCLUSIONS OF LAW
1. The use for which the permit is sought will /
w)ix x14 be injurious to the neighvborhood or otherwise
detrimental to the public health, safety or welfare.
2. The permit sought will / 3(W4t produce an
adverse impact on the economic values of adjacent
properties.
FINDINGS OF FACT, CONCLUSIONS OF LAW
' AND DECISION - Page 2
3. The permit sought will / voWitmouproduce a
negative impact on transportation facilities, public
utilities, schools, public parks, or the natural
environment any greater than had the strict terms of the
Land Use Ordinance been complied with.
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4. The noise and traffic conditions generated by
the use for which the permit is sought, when analyzed in
conjunction with the noise and traffic conditions now
existing does / d(45eMxxX64: indicate that the permit should
be denied.
5. The use for which the permit is sought abaklo/
shall not work an unreasonable hardship upon surrounding
property owners by virtue . of its physical nature or by
the impact of changes made in the landscape of the land.
6. The aesthetic qualities of the proposed use
W.C?QX / will not conflict with aesthetic qualities of the
surrounding lands.
7. The adverse impact of the proposed use on other
development within the City has / >11(Stx4-MS been minimized
by Applicant as much as is reasonably possible.
8. This is an excellent area for a day care center since it
will not create traffic problems or adversely impacp the surrounding
neighborhood. •
9.
10. The requested conditional use permit, if
granted, should be maintained subject to the conditions
set forth hereinafter.
DECISION
1. The City Council , pursuant to the foregoing,
finds that the request of the applicant should / )whoald
nIft( be approved.
2. The following conditions, if any are hereby
imposed upon the granting of said conditional use permit
and applicant, by taking advantage of said conditional
use permit agrees to the imposition of the same:
a) Applicant shall comply with all other applicable ordinances
b) All outside play areas and entire Tot shall be fence with
a six foot chain link fence.
c) Circular drive shall be installed off Siphon Road and
contain a four bay parking area.
d) Applicant cahll romply with all nthpr applica.b4a ordinances.
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION - Page 3 •
e) Views from traffic on Siphon and Yellowstone shall not
be obstructed as required by land use ordinance.
3. The Conditional Use Permit requested by the
applicant is / ilwaxatt granted, subject to the foregoing
conditions.
DATED this 10 thday of May
198 3.
CITY OF CHUBBUCK
(114J
�../ By
0. ►�► w
ayor
Attest:
7L-t) (4,
City Clerk
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FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION - Page 4