HomeMy WebLinkAboutArlen Mortensen I
CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
RE: WAIVER OF PLATTING
This matter having come before the Council as required by
law, on February 7, 1989, upon the application of Arlen Mortensen
(hereinafter referred to as "applicant" ) for a Waiver of Platting
for a proposed postal facility on the real property located at
242-306 E. Chubbuck 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 have been met.
3 . Relevant criteria and standards for consideration of
this application are set forth in Chapter 17. 12, Chubbuck Code.
4. The Land Use and Development Commission does recommend
a waiver be granted, with certain conditions.
5 . 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
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- ^ APPLICANT : ARLEN MORTENSON
SITE LOCATION : 242 - 306 E CHUBBUCK RD
A . Conditional Use Permit : This site does have a few
� ^ residences close by . Because of them , (even though most of the
site is zoned industrial ) there are several criteria that may
need to be addressed as this permit is considered . #2 . . . imoact
on the economic values of adjacent properties , #4 . . . noise and
traffic , #5 . . . character and use of buildings and land adjacent ,
#6 . . .aesthetics , and #7 . . . [neighbors]
B . Waiver of Platting : Platting reouirements could
justifiably be waived after considering these issues :
1 . The comprehensive plan calls for East Chubbuck to
eventually be imoroved to the standards of a minor arterial
street having a right-of-way width of 66 feet . This oroject
should accomodate this future improvement by dedicating sthe
necessary right-of-way , setting back the necessary distance and
also providing curb " gutter , and sidewalk along the frontage .
2 . The comprehensive plan also projects a future north-
south extension of Burley Drive . This proposed site blocks that
corridor , but utilizes an alternative corridor on the west side
of the site . The alternative corridor needs to be improved to
city standards with curb , gutter . sidewalk and oavement .
C . There are other applicable requirements of the Land Use
Ordinance such as landscaping and possibly buffering 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 .
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A
DECISION
1. The Land Use and Development Commission, 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 permit agrees to the
imposition of the same:
A. The facility be constructed and setback to provide for
widening East Chubbuck Road to the standard of a minor arterial
road.
B. That curb, gutter, sidewalk and street widening be
constructed along the projects East Chubbbuck Road frontage, in
compliance with the Land Development Ordinance.
C. Burley Drive extension on the west side of the site, be
developed with 60' right-a-way, with the extra 10' required from
the developer and being developed in compliance with the
Comprehensive Plan and Land Development Ordinance,
D. The proper provisions be made for irrigation water to
be taken to properties west of the proposed site.
E. Conditioned upon the postal facility being construted
on the applicants site.
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.
DATED this 7th day of February , 198 9 .
gohl/14/1/ 1//
n O. Cortant, J.f. , Mayor
City of Chubbuck
ATTEST:
Ron C. Conlin
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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