HomeMy WebLinkAboutPinecrest Townhomes CUPCHUBBUCK
I 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 TOWNHOMES
IN A GENERAL COMMERCIAL (C-2) ZONE
FACTS
REQUEST: An application for a Conditional Use Permit for townhomes to be located at 265 W Chubbuck Rd,
in Chubbuck, Idaho on 1.22 acres in the General Commercial (C-2) zone. The application will be reviewed
against criteria in section 18.28.020.C.5 of City Code. Type of Action: Decision.
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 18,28.020,0.5 of City Code). The Commission may approve with or without
conditions, may table a decision, or may deny the application.
APPLICANT:
OWNER:
Wyatt Radke
Kurt Hathaway
A&E Engineering
(Representing House Buyers 208)
845 W Center St, Suite E
2646 Limmerick Cr
Pocatello, ID 83204
Idaho Falls, ID 83404
LOCATION: The site address is 265 W Chubbuck Rd.
SUBDIVISION: Not platted; plat is in process.
PARCEL NUMBERS: RPRCCPCO28401 and RPRCCPCO28402.
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: General Commercial (C-2)
CURRENT LAND USE: Single Family Residential
EXISTING STRUCTURES: House and garage
PROJECT SIZE: 1.22 acres
TOPOGRAPHY: Flat— no slope concerns
VIEWS: Standard
IRRIGATION FACILITIES: Surface water rights
SURROUNDING LAND USES AND ZONING
RECENT TRAFFIC COUNTS:
Chubbuck Rd, W of Yellowstone:
13,344/day, level of service: C
Chubbuck Rd, E of Hawthorne: 15,846/day,
level of service: E
NORTH: Single-family residential; General Commercial (C-2) and Limited Residential (R-2)
EAST: Single-family residential; General Commercial (C-2)
SOUTH: A single-family home and a vacant lot; General Commercial (C-2) and Limited Residential (R--2)
WEST: Apartments and single-family homes; General Commercial (C-2) and Planned Unit Development
(PUD)
CUP Approval Form- FFCL
SERVICES:
ACCESS STREET: Chubbuck Rd
EMERGENCY SERVICES: City of Chubbuck
CULINARY WATER SERVICES: City of Chubbuck
SEWAGE DISPOSAL: City of Chubbuck
PRESSURIZED IRRIGATION: Bulk of the site has surface water rights
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 18.28.020 Conditional Use Permits (CUP) Procedures
PROCEDURES:
1. A design review clearance was obtained July 10, 2024 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
August 13, 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 15 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.
S. A public hearing was conducted in accordance with procedures established by City Code 18.28.010
and Resolution No. 2021-06.
6. Krystal Chanda, A&E Engineering, informed the Commission that the owner approved removing
up to 2 units in order to modify the site to add more visitor parking area.
7. 1 individual testified neutral to the application, citing concerns with the number of units in the
project and stated that more housing was needed though. He felt that adding more visitor
parking would be a good thing.
8. 1 individual testified in opposition, citing a need to keep irrigation water conveyance to his
adjacent property.
9. After discussion, the Commission asked Chanda if the conditions were acceptable to which she
applied in the affirmative.
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.
i. 1290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
CHUBBUCK
www.CityofChubbuck.us
1 0 R H B
CUP Approval Form- FFCL
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
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. Approve revised layout showing three buildings, eight units each, but with a condition to
remove 2 units adjacent to the open space between buildings (for a total of 22 units that
can be constructed) to provide at least 8 parking stalls minimum for visitors, while working
to add as many stalls as possible beyond 8, subject to City Staff review.
b. Project to meet standard requirement to maintain irrigation lines through the property to
other users.
c. The entire access lane on both sides and within the turnaround is to be striped and signed
as "No Parking Fire Lane" due to its size and need to service both emergency vehicles and
sanitation vehicles.
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.
lat, C-\
CHUBBUCK
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChribbuck.us
CUP Approval Form- FFCL
2. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect
to the decision in this action:
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.
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 2�_ day of August, 2024.
son C. Mendenhall, Chair
ATT
CHUBBUCK
I a
rs, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us