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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 J & M
Enterprises (hereinafter referred to as "applicant" ) for a waiver
of platting for a proposed postal facility on the real property
located at 4545-4613 Yellowstone Avenue and 149-201 W. Linden 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 : J & M ENTERPRISES
SITE LOCATION : 4545 - 4613 YELLOWSTONE AVE & 149 - 201 W .
LINDEN
A . Conditional Use Permit : This site does have a number of
residences close by . Because of them , (even though most of the
site is zoned general commercial ) there are several criteria that
may need to be addressed as this permit is considered . #2 . . .
impact 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] . Note that the
comprehensive plan calle for this entire area to be zoned general
commercial (C2) .
B . Waiver of Platting : Platting requirements could
justifiably be waived after considering these issues :
1 . The comprehensive plan calls for an east-west street
traversing this site and running between Yellowstone and
Hawthorne Rd . The exact location of the street can be flexible
and worked out to the mutual satisfaction of both the city and
the developer .
2 . Any development along W . Linden should include street
imorovements along the frontage . Street improvement should
include curb , gutter , sidewalk . and piping the irrigation ditch .
C . There are other aoolicable requirements of the Land Use
Ordinance such as landscaping and buffering that will be
addressed by the staff as oart of the building permit process . I
have not identified any other issues that need to be addressed by
the LUD CommiEsion .
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. Evans Lane be extended as set forth in the
comprehensive plan or worked out to the mutual satisfaction of
both the City and the developer, through the development in
compliance with the Land Development Ordinance.
B. Curb, gutter, sidewalk and street widening be completed
along any Linden Avenue frontage that this project might have.
C. That proper provisions are made to pipe the irrigation
canal paralleling Linden.
D. Conditioned upon the postal facility being constructed
on the applicants property.
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 , 1989.
1 Ar
,A April
John O. Cotant, Jr. , Mayor
ATTEST:
/
/
Ron C. Conlin, City Clerk
.../
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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