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HomeMy WebLinkAboutSouthern Idaho Corp. of SDA CITY OF CHUBBUCK CITY COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter comes before the Council on October 10, 1995, from an Appeal of the Land Use and Development Commission upon the application of Southern Idaho Corp. of SDA (hereinafter referred to as "applicant") for a conditional use permit to build a private elementary school on the real property located at southeast corner of Siphon Road and 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 lies outside the City limits but is zoned Agriculture (A). 4. The property is designated as (C-1) light commercial 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 denied the conditional use below and the applicant appeals that decision. 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. The proposed use will negatively impact the Industrial Park to the north. B. The negative impact would be less if the property accessed from Whitaker Road; Applicant cannot justify the cost of a road to access Whitaker Road. 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 chbbck12.052 CONCLUSIONS OF LAW 1. The use for which the permit is sought will be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought will produce an adverse impact on the economic values of adjacent properties. 3. The permit sought will produce a negative impact on transportation facilities, public utilities, schools, public parks, or the natural environment greater than had the strict terms of the Land Use Ordinance been complied with. 4. The traffic conditions generated by the use for which the permit is sought, when analyzed in conjunction with the traffic conditions now existing does indicate that the permit should be denied. 5. The use for which the permit is sought shall 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 conflict with aesthetic qualities of the surrounding lands. 7. The adverse impact of the proposed use on other development within the City has not been minimized by Applicant as much as is reasonably possible. 8. Some owners of adjacent property have expressed approval of the issuance of the requested conditional use permit and some have not. 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 Conditional Use Permit requested by the Applicant is not granted. 3. Pursuant to Idaho Code S 67-8001 et seq., the Council makes the following findings with respect to the decision in this action: A. This Action does not result in a permanent or temporary physical occupation of private property. B. This Action does not require the property owner to dedicate a portion of the property or to grant an easement. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 2 chic chbbck12.052 C. This Action does not deprive the owner of the property of all viable uses of the property. D. This Action does not have a significant impact on the landowner's economic interest. E. This Action does not deny a fundamental attribute of ownership. F. This Action does not serve the same purpose that would be served by directly prohibiting the use or action; nor does the condition imposed substantially advance such purpose. DATED this 9th. day of JANUARY ' 1996. CITY F CHUBBUCK B f MAYOR A'riEST: CITY CI.F.RK FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 3 dsc chbbck12.052 1• /.. CITY OF CHUBBUCK CITY COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter having come kefore the City Council for public hearing pursuant to public notice as required by law, on October 10, 1995, upon the application of Southern Idaho Corp. of SDA (hereinafter referred to as "applicant") for a change in land use district for the real property described (8 acres) located at the southeast corner of Siphon and the railroad tracks upon requested annexation to C-1 or Light Commercial, and the City 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 zone change upon requested annexation to C-1 for the real property described. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is lies outside the City limits but is designated as Agricultural (A). 4. The property is designated as (C-1) Light Commercial 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 the Comprehensive Plan in Sections B, B(5), B(6) and B(8) and in Idaho Code Sections 67-6502 and 67-6508. 6. The requested change in land use district is not in conflict with the provisions of existing zoning regulations or the duly adopted Comprehensive Plan of the City of Chubbuck. 7. The property in question is suitable for the proposed land use district, and such uses would be compatible with existing land uses in the area. 8. Some owners of adjacent properties have expressed approval of the proposed change in land use district and some have not. 9. The requested zone change is reasonable to provide orderly development of the City, and to promote economic values and will not be detrimental to the public health, safety, and welfare. FINDINGS OF FACT,CONCWSIONS OF LAW AND DECISION-Page 1 caw chbbck12.054 10. It is in the best interests of the public that the proposed change in land use district be granted. BASED UPON THE FOREGOING FINDINGS OF FACT, the Chubbuck City Council hereby enters the following: CONCLUSIONS OF LAW 1. The requirements of Idaho Code Section 67-6509(d) have been met. 2. The proposed change in land use district is reasonable and necessary to provide orderly development of the City, and to promote economic values, and is not inconsistent with or detrimental to the public health, safety, and welfare. 3. The proposed change in land use district is consistent with the provisions of the Comprehensive Plan and Land Use Ordinance of the City of Chubbuck and the Local Planning Act of 1975, as codified in Chapter 65 of Title 67 of the Idaho Code. 4. The requested change in Land Use District should be granted. 5. Takings. Pursuant to Idaho Code § 67-8001 et seq., the Council makes the following findings with respect to the decision in this action: A. This Action does not result in a permanent or temporary physical occupation of private property. B. This Action does not require the property owner to dedicate a portion of the property or to grant an easement. C. This Action does not deprive the owner of the property of all viable uses of the property. D. This Action does not have a significant impact on the landowner's economic interest. E. This Action does not deny a fundamental attribute of ownership. F. This Action does not serve the same purpose that would be served by directly prohibiting the use or action. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 2 dee chbbek12.054 DECISION Upon motion, made and seconded, the City Council, by majority vote grants the application for a change in Land Use District to designate the land described as (C-1) Light Commercial. DATED this 9th slay of JANUARY , 1996. '/, Ng ayor, Ci of Chub luck FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 3 dac chbbck12.054