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HomeMy WebLinkAboutJim Thilmont / Brad Frasure CITY OF CHUBBUCK CITY COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter comes before the Council on May 11, 1999 from an Appeal of the Land Use and Development Commission upon the application of Jim Thilmont/Brad Frasure (hereinafter referred to as "applicant") for a conditional use permit to build and operate an R. V. campground on the real property located at 4520 King's Way, 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 zoned C-2 pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as General Commercial (C-2) 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 the interested parties(adjacent property owners opposed to the development) appeal that decision. 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Applicant will pave the unpaved portion of King's Way. B. The northerly boundary of the subject property abuts residences that are opposed to this development. C. Applicant anticipates large recreational vehicles will use the development. D. Adjacent property owners raise concerns about additional traffic; however, the traffic impact of this development is not as great as other impacts permitted in a C-2 zone. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 1 dsc chbbck05.135 40110 E. Specific concerns have been raised about irrigation, additional people and children on the subject property and the potential for trespass on adjacent properties, particularly residences, trash collection and long term tenants, all of which can be minimized by conditions upon the development. F. Irrigation water is provided to some or all of the residences on the north side of this property and which face Evans Lane. This irrigation ditch has been on applicant's property for over five years The property bordering the east side of applicant's property currently has residential uses and livestock. The actual homes are some distance from the border of the property. Although this was before Land Use on a conditional use permit because an R. V. campground is not a permitted use in the schedule of land use controls under Section 18.08.40 of the Chubbuck Municipal Code, this proposed use will have less impact upon the area than other uses that are permitted as a matter of right in a general commercial zone. In the immediately preceding two years, a large grocery store was, namely Albertson's, was looking at the subject property as well as adjoining property to the south of the subject property for such a location. A grocery store is a permitted use in a C-2 and the traffic impacts would have been much greater than this use. Additionally, the impacts upon adjoining residential areas from such a store are great as can be witnessed by the impacts by the Smith's grocery store at 4845 Yellowstone which impacts the residential production building cluster arrangement located across from the rear of the Smith's store along Afton. BASED UPON THE FOREGOING FINDINGS OF FACT, the City Council hereby enters the following CONCLUSIONS OF LAW 1. The use for which the permit is sought 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 2 dsc chbbck05.135 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 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. 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, as modified herein. 2. The following conditions 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: 1. Circulation and parking pads to be paved. 2. The tent area depicted on the site plan as being near the entrance to the development on the Victoria Circle cul-de-sac shall be allowed. 3. Garbage container must meet City requirements with covered enclosure and shall be located in an area that is not adjacent to the residential areas to the north of the property. 4. Designated playground area be provided in the tent area depicted on the site plan that is adjacent to the central office, laundry and restroom building on the site plan. 5. Curfew hours from 11 to 6 each day. 6. No longer than 30 day stay. 7. The fence on north side of property shall be an 8 foot masonry fence. The fence on the east side of the park may be a 6 foot chain link fence. Both fences are required. 8. Manager's home be put on a permanent foundation with Class II or better home. 9. Irrigation shall taken care of as provided by Ft. Hall regulations. Any irrigation FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 3 dsc chbbck05.135 delivery ditches on the property may be relocated by the developer but shall be provided either by open ditch or by being covered in such a manner that the water user on adjacent properties may keep access to their water. 10. Local lighting only, lighting cannot be a nuisance to the property owners to the North. 11. Landscaping to meet all City Code requirements. 3. The Conditional Use Permit requested by the Applicant is granted, subject to the foregoing conditions. 4. 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; nor does the condition imposed substantially advance such purpose. DATED this / day of j ' 1999. CITY OF CHUBBUCK / MAYOR ATTEST: e CITY CLERK FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 4 dsc chbbck05.135