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HomeMy WebLinkAboutDean Funk and Dale Kirkham CITY OF CHUBBUCK CITY COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter comes before the Council on February 7, 1989 from an Appeal of the Land Use and Development Commission upon the application of Dean Funk and Dale Kirkham (hereinafter referred to as "applicant") for a conditional use permit to build a postal facility on the real property located South of Siphon Road and East of the railroad tracks, 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 conditional use permit as particularly described above. 2 . All legal requirements for this appeal have been met. 3. The property in question is outside of the City, but will be zoned I (industrial) upon annexation pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as I (Industrial) in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in Chubbuck Code § 18.28.040. 6. The Land Use and Development Commission granted the conditional use below and or Mr. and Mrs. Melvin Jackson appeal that decision. 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. See Exhibit "A". B. The property is zoned Industrial and the proposed use is consistent with the Comprehensive Plan. BASED UPON THE FOREGOING FINDINGS OF FACT, the City Council hereby enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck05.017 CONCLUSIONS OF LAW 1 . The use for which the permit is will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2 . The permit sought will not produce an adverse impact on the economic values of adjacent properties. 3 . The permit sought will not produce 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. 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 not indicate that the permit should be denied. 5 . The use for which the permit is sought 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 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 been minimized by Applicant as much as is reasonably possible. 8. Owners of adjacent property have not expressed approval of the issuance of the requested conditional use permit. 9 . The requested conditional use permit, if granted, should be maintained subject to the conditions set forth below. DECISION 1. The City Council, pursuant to the foregoing, finds that the decision of the Land Use and Development Commission should be affirmed. 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: See conditions imposed by Land Use and Development Commission below. 3 . The Conditional Use Permit requested by the Applicant is granted, subject to the foregoing conditions. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck05. 017 APPLICANT : FUNKi K I RKHAM SITE LOCATION : SOUTHEAST CORNER OF SIPHON RD & UFRR INTER . A . Conditional Use Permit : This site is located in a large undeveloped area intended for future industrial 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 reouirements provided we give adequate consideration to the following issues : 1 . Siphon Road Right-of-wav - This adjoinina portion of Siphon Rd is in the comprehensive plan as a minor arterial street with a right-of-way width of 66 feet . Dedication of the additional right-of-way . and makinc the improvements shouid be required . Chubbuck development standards also require the construct ion of curb . gutter , and sidewalk . Since this land will me zoned Industrial . ( i ) . and because it is located in an area where dry wells are marginally effective for stormwater runnoff . I recommend that the city consider not recuirina curb . cutter . and sidewalk . Note also that Northside Plaza is not required to install curb . clutter , and sidewalk . C . There are other applicable requirements of the Land Use Ordinance such as landscaoinc 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 7th day of February , 1989 . CITY OF CHUBBUCK (;A46/ By: Agri YOR ATTEST: i / CITY CLERK FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck05.017 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 Dean Funk and Dale Kirkham (hereinafter referred to as "applicant" ) for a waiver of platting for a proposed postal facility on the real property located South of Siphon Road and East of the UPRR tracks 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 . The property is designated as I (Industrial) in the duly adopted Comprehensive Plan of the City of Chubbuck. \-i 4. Relevant criteria and standards for consideration of this application are set forth in Chapter 17 .12 , Chubbuck Code. 5. The Land Use and Development Commission does recommend 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 chbbck04.283 ^~ ~' APPLICANT : FUNK/KIRKHAM SITE LOCATION : SOUTHEAST CORNER OF SIPHON RD & UPRR INTER . A . Conditional Use Permit : This site is located in a large undeveloped area intended for future industrial 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 aoprogriate to waive platting reouirements provided we give adequate consideration to the following issues : 1 . Siphon Road Right-of-way - This adjoining portion of Siphon Rd is in the comprehensive plan as a minor arterial street with a right-of-way width of 66 feet . Dedication of the additional right-of-way , and makind the imorovements should be reouired . Chubbuck development standards also require the construction of curb . gutter , and sidewalk . Since this land will be zoned Industrxai , c1 / . and because it is located in an area where dry wells are marginally effective for stormwater runnoff . I recommend that the city consider not requiring curb . gutter , and sidewalk . Note also that Northside Plaza is not required to install curb , gutter , and sidewalk . C . There are other applicable requirements of the Land Use Ordinance such as landscapino that will be addressed by the staff as part of the building germit procesa . I have not identified any other issues that need to be addressed by the LUD Commission . /1 / . . L. • .. , 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: 1. The facility be constructed and setback to provide for widening of Siphon Road to the standard for a minor arterial road. 2 . Curb, gutter, sidewalk and street widening be constructed along the projects Siphon Road frontage, in compliance with the Land Use Development Ordinance conditioned upon the Post Office choosing said 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 , 1989 . Li tohn O. Cotant, Jr. , Mayor City of Chubbuck ATTEST: if Ron C. Conlin, City Clerk FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbckO4. 283