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Home My WebLink About5297 Whitaker Rd. Spook Alleye! e5; / "1*C4\ CHUBBUCK 1 A A H a 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 AN ANNUAL SPOOK ALLEY AND FUND RAISER IN THE SINGLE-FAMILY RESIDENTIAL (R-1) ZONE FACTS REQUEST: Request is for a Conditional Use Permit for an annual spook alley and fund raiser in the Single Family Residential (R-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 AND OWNER: Jared Turner 5157 Canterbury Chubbuck, ID 83202 LOCATION: The property address is 5297 Whitaker Road. It is located on the west side of the street about half -way between Callaway Dr and Martha St. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Single Family Residential (R-1) CURRENT LAND USE: Personal storage, hobbies EXISTING STRUCTURES: Sam, shed, garage/shop PROJECT SIZE: 1 acre VIEWS: Visible from all directions TOPOGRAPHY: Generally flat SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS: Whitaker at Chubbuck Rd: 2020, 1,356/day; 2021, 1,711 /day Whitaker at New Day Pkwy: 2016, 577/day; 2017, 648/day New Day Pkwy east of Whitaker Rd: 2020, 5,323/day New Day Pkwy east of Whitaker Rd: 2020, 13,712/day; 2021, 14,520/day NORTH: Single-family homes with acreage; Limited Residential (R-2) EAST: Single-family homes; Limited Residential (R-2) SOUTH: Single-family homes with acreage; Single-family Residential (R-1) and Limited Residential (R-2) WEST: Farmland; Limited Residential (R-2) CUP Approval Form- FFCL SERVICES: ACCESS STREET: Whitaker Rd EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICES: City of Chubbuck (future service) SEWAGE DISPOSAL: City of Chubbuck (future service) IRRIGATION: Property has service from Fort Hall Irrigation Project APPLICABLE LAWS AND PLANS: 1. Idaho Statutes §67-6512: Special Use Permits, Conditions, and Procedures 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code Title 18: Land Use, particularly a. Chapter 18.08 Land Use Districts and General Controls b. Chapter 18.16: Design Overlay District and Criteria c. Chapter 18.28.020 Conditional Use Permits (CUP) Procedures PROCEDURES: 1. A design review clearance was obtained August 8, 2023 in accordance with Chapter 18.16: Design Review Criteria of City Code. 2. In accordance with City Code 18.28.020 and the current fee resolution, a complete petition and fees for a Conditional Use Permit were filed with the City at least 28 days prior to the public hearing and which contained the appropriate documents. 3. In accordance with City Code 18.28.010, a public hearing was scheduled before the LUDC at the March 12, 2024 regular meeting of the Commission. 4. In accordance with City Code 18.28.010 and Idaho Statutes §67-6509 and §67-6512, notice of the public hearing was provided at least 1 S days prior to the public hearing as follows: a. Publication in the Idaho State Journal; b. Notice posted on the premises; c. Mailing to owners of property within a 300 ft. radius of the site; d. Notice sent to utilities and political subdivisions providing services within the City; and e. Notices posted prominently at the City office and on webpage. A public hearing was conducted in accordance with procedures established by City Code 18.28.010 and Resolution No. 2021-06. PUBLIC AND AGENCY COMMENTS: Public and agency comments were taken in accordance with statutory requirements. RECORD: The record is on file with City of Chubbuck Staff and consists of the application materials, staff reports and memos, public and agency testimony, meeting minutes, and applicable portions of city and state law. FINDINGS Having reviewed the record, including the application materials, staff report, testimony provided at the hearing and meeting, and the criteria for approval of a Conditional Use Permit as found in city code 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us IaRHR CUP Aooroval Form- FFCL section 18.28.020.C5 and the ability to impose conditions of approval in accordance with section 18.29.020.C6, the Land Use and Development Commission finds the following: 1. Conditions of Approval necessary to approve the Permit are (if any): a. be. A)p . /!/f ®� i�i, a� adA� t� . C. 91 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. 6. The proposed use would not place an undue burden on transportation, police, fire and EMS protection, water/sewer, schools, and other public facilities or agencies, in the vicinity. 7. The proposed use, if it complies with all conditions imposed, WILL NOT adversely affect other properties or the environment in the vicinity to a materially greater extent than would uses permitted outright by this Code. ORDER: CONCLUSION AND DECISION: PERMIT TERMS 1. The Land Use and Development Commission, pursuant to the aforementioned, finds that the request for a Conditional Use Permit as herein described, shall be APPROVED. 2. Pursuant to Idaho Code 4 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: —�`` 290 E Linden Avenue, Chubbuck, ID 83202 y Phone 208.237.2430 CHUBBUCK www.CityofChubbucl<.us IOAHH CUP Approval Farm- FFCL a. This Action does not deprive the owner of the property of all viable uses of the property. b. This Action does not have a significant impact on the landowner's economic interest. c. This Action does not deny a fundamental attribute of ownership. 3. Applicant has a right to request a regulatory takings analysis pursuant to section 67-8003, Idaho Code. 4. This decision is effective ten (10) calendar days from its signing by the Chair. 5. Unless a longer time shall be specifically established as a condition or allowance of approval, a conditional use permit shall lapse and become automatically void one (1) calendar year following the date on which such permit became effective, unless prior to expiration, the use has commenced, and all conditions of the permit are satisfied. 6. CUP is non -transferable from one (1) parcel of land to another and shall run with the land and continue to be valid upon a change of ownership of the site or structure, providing however, that the new owner complies with the terms of the permit. 7. CUPS may be revoked by the Community Services Director at any time if it is determined that any condition of the CUP or any other city code is being violated. Prior to revocation, the applicant shall be afforded thirty (30) days after the date of notification of noncompliance/intent to revoke to become compliant. Additionally, prior to revocation, the applicant shall be afforded an opportunity for a hearing before LUDO; said hearing must be requested within ten (10) calendar days of the date of notification of noncompliance/intent to revoke the conditional use permit. Failure to come into compliance within thirty (30) days of the notification of noncompliance and failure to request such a hearing will result in immediate revocation of the approved CUP and may constitute a violation of this title. 8. Whether approved, approved with conditions, or denied, any party seeking judicial review of the decision must first appeal this decision to the City Council in accordance with section 18.28.080 and 18.28.090. APPROVED BY THE CHAIR OF THE LAND USE & DEVELOPMENT COMMISSION OF CITY OF CHUBBUCK, IDAHO, this Z&�� CHUBBUCK0 a 1-- day of c --r , 20�. J on C. Mendenhall, Chair ATTEST: e rs, Clerk 290 F Linden Avenue, Chubbuck, ID 83202 Phone 208.237,2430 www.C!tyofChubbuck.us