HomeMy WebLinkAboutSverdrup Corporation • • a
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 14, 1989, upon the application of Sverdrup
Corporation (hereinafter referred to as "applicant") for a waiver
of platting for a proposed postal facility on the real property
located at extended West Burnside 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 C-2 in the duly adopted
Comprehensive Plan of the City of Chubbuck.
L
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.
Li
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
dsc chbbck04.286
Li
APPLICANT : EVEF:L.!F:J1'
• - SITE LOCATION : NORTH SIDE OF WEST BURNS I DE EXTENDED
A . Conditional Use Fermit :This_ site does have a few
residences close by . Because of them . there are several criteria
that may need to be addressed as this permit is considered . #E
. . . 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 . . . Cneiahbors]
B . Waiver of Flatting : This proposed project does triaoer
the Land Development Ordinance . The platting requirements could
be waived after considering this issue :
1 . West Burnside =:-:cold :s improved alcna the frontage of
the site . Improvements should include water line sewer line .
pavement , curb . gutter . and _.delve : . __.rb . gutter . and sidewalk
could be limited to the north side only of etended West
Burnside . We have found that it is best to let each individual
development install its own curb and gutter so that it conforms
to its traffic access plan .
C . Chance of Land Use District : This land is presently
zoned agricultural (A) and it will be necessary to change it to
that specified by the comprehensive plan - general commercial
(C2) .
D . There are other applicable requirements of the Land Use
Ordinance such as landscaping and a some 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 .
4
DECISION
1. The Land Use and Development Commission, found that the
request of the applicant should be approved.
2. The following conditions, 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. West Burnside Avenue be developed with a 60' right-a-
way.
B. Curb, gutter and sidewalk on the north side of West
Burnside Avenue.
C. Water and sewer line be installed in compliance with
the Land Development Ordinance.
D. Two or three foot mound of surplus material along south
side of West Burnside Road to be hydro-seeded.
E. Conditioned upon the postal facility 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 14 day of February , 1989
41 / SP",
'John O. Cot:nt, Jr. , ' . vor,
City of Chubbuck
ATTEST:
I 11/11/0/
Ron C. Conlin, City Clerk
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
dsc chbbck04.286