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HomeMy WebLinkAboutPhilbin Crossing Conditional Use PermitCHUBBUCK IHEIH0 LAND USE & DEVELOPMENT COMMISSION 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW A CONDITIONAL USE PERMIT FOR A CONVENIENCE STORE IN THE LIMITED COMMERCIAL (C -"I) ZONE FACTS REQUEST: Request is for a Conditional Use Permit for a convenience store in the Limited Commercial (C-1) zone district as required by Section 18.08.020 of Chubbuck city code. TYPE OF COMMISSION ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the criteria and standards for approval per section 18.28.020.C.5 of City Code). The Commission may approve with or without conditions, may table a decision, or may deny the application. APPLICANT: Trek Construction LLC PO Box 572 Providence, UT 84332 OWNER: Philbin Crossing Mart INC. 1023 S 475 W Farmington, UT 84025 LOCATION: The site is located at the northeast corner of Chubbuck Rd and Philbin Rd, lying in the SW 1/4 of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, Idaho. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Limited Commercial (C-1) CURRENT LAND USE: Cropland and pasture EXISTING STRUCTURES: None in CUP area PROJECT SIZE: 1.67 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Relatively flat IRRIGATION: Property has surface water rights SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS ON PHILBIN RD: North of Chubbuck Rd — 2021, 3,445/day South of Chubbuck Rd — 2021, 6,896/day RECENT TRAFFIC COUNTS — CHUBBUCK RD: West of Philbin Rd — 2021, 3.053/day East of Philbin Rd — 2021, 6,981/day; 2022, 6,665/day NORTH: Single-family homes; Limited Residential (R-2) EAST: Single-family homes; Limited Residential (R-2) SOUTH: Cropland; Limited Commercial (C-1) WEST: Single-family homes; Single -Family Residential (R-1) SERVICES: ACCESS STREETS: Access will be via a new street in the subdivision, Senator Way, which in turn will connect development to Philbin Rd and to Chubbuck Rd. EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICES: City of Chubbuck CUP Approval Farm- FFCL 1. Conditions of Approval necessary to approve the Permit are: • That the conditions of prior approvals of the Design Review Committee and of the Preliminary Plat are adopted as conditions of this approval • Because the development is surrounded by residential buildings and uses, to protect those uses from unnatural lighting impacts, the average foot-candle lighting level at the pump is required to be no greater than thirty-foot candle average. Any signage's lighting must be shielded downwards and may not trespass off of the premises. Any changes to the approved plan will require approvals in accordance with City Code. • No building permits nor certificates of occupancy or completion will be granted unless conformance with city code and these conditions is achieved. • Senator Way construction will include right-in/right-out restrictions at Chubbuck Rd. Construction plans will need to accommodate the change. • If issues with truck and trailer traffic are observed, limitations must be made for their movement into and out of the site. • Continue to work with staff on TIS, including resolution of Sawtooth/Philbin intersection, with Final Plat considerations before approval by the City Council. Other condition(s), if any: Ire e- niyTG 0xOPi. 0[zrte. rsr1 2. The proposed use is conditionally permitted in the subject zoning district and complies with all of the applicable provisions of city code unless modified through the conditional use permit process. 3. The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. 4. The proposed use is compatible with other existing and permitted uses in the general vicinity. 5. The proposed use is harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses. CHUBBUCK 1ORHa 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us CUP Approval Form- FFCL APPROVED BY THE CHAIR OF THE LAND USE & DEVELOPMENT COMMISSION OF CITY OF CHUBBUCK, IDAHO, this day of r� , 20 X3. CHUBBUCK J son C. Mendenhall, Chair ATTEST: J yrs, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us