HomeMy WebLinkAbout5820 Senator Way CUPCHUBBUCK
I n R H Q
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 ASSISTED LIVING FACILITY
IN A LIMITED COMMERCIAL (C-1) ZONE
FACTS
REQUEST: Request is for a Conditional Use Permit for an Assisted Living Facility in the Limited Commercial
(C-1) zoning 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:
OWNER:
Legacy Assisted Living LLC G&J Pahl Investments Family LLLP
203 S. Garfield 3183 North Pleasant Valley Road
Pocatello, ID 83204 American Falls, ID 83211
LOCATION: The site is located approximately 265 feet north of Chubbuck Rd and 200 feet east of Philbin
Road at 5820 Senator Way, a future street (see map below). Lot 2 Block 2 Philbin Crossing.
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: Limited Commercial (C-1)
CURRENT LAND USE: Farming
EXISTING STRUCTURES: None
PROJECT SIZE: 61 beds, ±28,993 square feet
VIEWS: All directions
TOPOGRAPHY: Generally flat
IRRIGATION FACILITIES: Site has water rights
SURROUNDING LAND USES AND ZONING
RECENT TRAFFIC COUNTS:
Chubbuck Rd east of Philbin Rd:
2021, 6,981/day; 2022, 6,665/day
Philbin Rd north of Chubbuck Rd:
2021, 3,445/day
Philbin Rd south of Chubbuck Rd:
2021, 6,896/day
NORTH: Single-family residential; Limited Residential (R-2)
EAST: Single-family residential; Limited Residential (R-2)
SOUTH: Farm; Limited Commercial (C-1)
WEST: Single-family residential; Single-family Residential (R-1)
CUP Approval Form- FFCL
SERVICES:
ACCESS STREET: Senator Way, with connections to Philbin Rd and Chubbuck Rd.
EMERGENCY SERVICES: City of Chubbuck
CULINARY WATER SERVICES: City of Chubbuck
SEWAGE DISPOSAL: City of Chubbuck
PRESSURIZED IRRIGATION: Not yet available.
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 18.12:060: Restrictions in a limited Commercial (C-1) Zone
c. Chapter 18.28.020 Conditional Use Permits (CUP) Procedures
PROCEDURES:
1. A design review clearance was obtained July 30, 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
September 10, 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.
5. 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
section 18.28.020.05 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:
L
CHUBBUCK
1 0 A H 0
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
CUP Approval Form- FFCL
1. Conditions of Approval necessary to approve the Permit are (if any):
a. A final landscaping plan be submitted and approved as part of the building permit review
process and that the landscaping and all other requirements of this CUP and Design Review
Committee be inspected and approved prior to issuing a certificate of occupancy.
b. The "use commencing" as the term is used in section 18.28.020.F TERM OF APPROVAL shall
mean having obtained a Certificate of Occupancy no later than 24 months from the signing
of this FFCL.
c. The screening along perimeter residential properties shall be maintained in perpetuity.
All lighting shall be shielded downwards from the nighttime sky and from trespass off of
the property. No lighting shall exceed fifteen feet (15') in height.
e. Move the dumpster to be at least 15 feet away from the surrounding residential property
lines, and meeting all sanitation department requirements for servicing the location.
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.
S. 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.
L
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www. CityofChu b b u ck. us
CUP Aoorovo! Form- FFCL
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:
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 LU DC; 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.
290 E Linden Avenue, Chubbuck, ID 83202
e Phone 208.237.2430
CHUBBUCK www.CityofChubbuck.us
1 0 R A 0
CUP Approval Form- FFCL
APPROVED BY THE CHAIR OF THE LAND USE & DEVELOPMENT COMMISSION OF
CITY OF CHUBBUCK, IDAHO, this .L . day of SCP , 20 �V
/at�c-\
CHUBBUCK
1 0
ason C. Mendenhall, Chair
ATTEST:
Joeyrg""'Cler'K
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChu b buck. us