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HomeMy WebLinkAboutSanaye Okamura DECISION 1 . The City Council , pursuant to the foregoing, finds that the request of the applicant should be approved. 2. The following conditions, if any, are hereby imposed upon the granting of said waiver of platting and applicant, by taking advantage of said waiver of platting agrees to the imposition of the same: A. It will be required to dedicate the south half of Siphon Road right-of-way to a width of thirty-three feet south of the north line of Section 3 along the development's frontage. B. It will be required to improve the south half of Siphon Road to Chubbuck City standards which are: curb, gutter and sidewalk as well as widening the pavement from its existing shoulder to the new gutter. C. It will be required to set back from Yellowstone Avenue, a distance such that Yellowstone Avenue could be improved to current standards, (which require approximately seven more feet of right-of-way) , without causing damage to any permanent part of the building or ancillary facilities. Curb, gutter sidewalk, and widening pavement will also be required to City and State standards. D. The development will be required to locate on the property in such a way as to satisfy these two requirements; 1. If it does not immediately adjoin Yellowstone Avenue, it must be located sufficiently far enough east of Yellowstone Avenue (approximately 300 feet) to permit a viable development that would immediately adjoin Yellowstone Avenue. 2 . The development must also preserve a corridor for future street that would lie approximately midway between the east and west boundaries of the present property. This future street would approximately line up with existing Industry Way across Siphon Road. E. An easement set aside to permit drainage of irrigation water from the fields east of development to the drainage way west of the development. 3 . The waiver of platting requested by the Applicant is granted, subject to the foregoing conditions. 4. This waiver is granted contingent upon this site being selected for the proposed postal facility. If this site is not selected, then this waiver shall be void. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck05.016 • CITY OF CHUBBUCK CITY COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION RE: WAIVER OF PLATTING This matter comes before the Council on January 24, , 1989 upon the application of Sanaye Okamura (hereinafter referred to as "applicant" ) for a waiver of platting for a proposed postal facility on the real property located at S.E. corner of Yellowstone Avenue and Siphon Road, and the Council having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT 1. Applicant has applied for a waiver of platting as particularly described above. 2. All legal requirements for this appeal have been met. 3 . The property is designated as C-2 General Commercial in the duly adopted Comprehensive Plan of the City of Chubbuck. 4. Relevant criteria and standards for consideration of this application are set forth in Chubbuck Code § 17.12 . 5. The Land Use and Development Commission has recommended a waiver be granted, with certain conditions. 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. See Exhibit "A" . B. The proposed development neither creates a street nor constitutes a subdivision. BASED UPON THE FOREGOING FINDINGS OF FACT, the City Council hereby enters the following CONCLUSIONS OF LAW 1. The proposed waiver would not have a significant impact upon the City's comprehensive plan. 2. The waiver of platting, if granted, should be maintained subject to the conditions set forth below. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck05 .016 , . APPLICANT : SANAYE OKAMURA SUE LOCATION : S .E . CORNER OF YELLOWSTONE AVE & SIPHON RD . A. Conditional Use Permit : This site is located in a large ~~� undeveloped area intended for future commercial development . There are no adjacent existing residential uses and access is from arterial streets . I see no conflict with any of the standards and criteria for conditional use permit . B . Waiver of Platting : The proposed development triggers the Land Development Ordinance . It would be appropriate to waive platting requirements provided we give adequate consideration to the following issues : 1 . Siphon Road Right-of-way : This adjoining portion of Siphon Rd has been previously platted (Northside Plaza) for a total right-of-way width of 80 feet . Northside Plaza Industrial Park has dedicated 40 feet on the north side of the section line for its share of the street . The Okamura property should similarly dedicate the south half of Siphon Road adjacent to the development site . Any developments would , of course , set back from the new right-of-way . It is also important to note that in 1984 , the city changed the right-mf-way requirements for Siphon Rd from 80 feet to 66 feet . You may wish to address changing the Northside dedication from 40 feet to 33 feet , or require Okamura to dedicate 40 feet consistent with North=ide Plaza . Chubbuck development standards also require the construction of curb , gutter , and sidewalk . Since this land will be zoned General Commercial (C2) , I feel it is appropriate to require these and to be constructed in compliance with our standards . Note that Northside Plaza is not required to install curb , gutter . and sidewalk , for other justifiable reasons . 2 . Yellowstone Ave . Right-of-way : This property also fronts on Yellowstone Ave . Yellowstone Ave is a Federal-Aid Primary route and is under the control of Idaho Transportation Department . We are not free to require the dedication of extra right-of-way as on other streets . Property owners must be properly compensated or waive the right to compensation . We can , however , require that the development set back an appropriate distance to accomodate future expansion of Yellowstone Ave . and this should be done . If any proposed development chooses to locate near Yellowstone , it should pipe and cover the drainage ditch for the , length of the development frontage . I have a feeling that some developments may try to avoid this cost by either asking a waiver of the requirement or by locating the buildina further to the east . I don 't feel that a waiver should be granted . However , if they desire to locate the buildina further to the east , it should be done in such a way as to leave a viable , develooeable site adjacent to Yellowstone . 3 . We already regulate the size and location of curb cuts or approaches so they should not need to be addressed . TheFe are �� utility corridor that crossthis property-,---There may need to be set-- side an easement to drain irrigation waste water down the north side of this site into the drain canal C . There are other applicable requirements of the Land Use Ordinance such as Landscaping that will be addressed by the staff as part of the building permit process . I have not identified • any other issues that need to be addressed by the LUD Commission . DATED this 24 day of January , 1989. CITY 'IF CHUBBUCK By / / 4r4 I 01/ I;' 'MAYOR I ATTEST: R/71/1 (1,111/1LL, CITY CLERK FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck05.016