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Home My WebLink About5820 Senator Way Amended CUPe__-0 �710L_ - _1 CHUBBUCK 1 0 A H 0 LAND USE & DEVELOPMENT COMMISSION 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.0tyofChubbuck.us 401710 [Ci•121sr+lr I :X01.141 ILIA Is] &&rel a A1►il AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR AN ASSISTED LIVING FACILITY IN A LIMITED COMMERCIAL (C-1) ZONE FACTS REQUEST: An application for an Amendment to an existing 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 AND OWNER: Legacy Ventures LLC 203 S. Garfield Pocatello, ID 83204 LOCATION: The address is 4850 Senator Way, near the northeast corner of Philbin Rd and Chubbuck Rd. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Limited Commercial (C-1) CURRENT LAND USE: Vacant EXISTING STRUCTURES: Building Foundation PROJECT SIZE: 61 beds, X28,993 square feet VIEWS: All directions TOPOGRAPHY: Generally fiat RECENT TRAFFIC COUNTS: Chubbuck Rd east of Philbin Rd: 2024, 6,814/day; 2022, 6,665/day Philbin Rd north of Chubbuck Rd: 2024, 4,052/day IRRIGATION FACILITIES: Site to be served via the City pumping station in Miller Park SURROUNDING LAND USES AND ZONING 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 Amendment 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 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. In accordance with City Code 18.28.020 and the current fee resolution, a complete petition and fees for a CUP Amendment were filed with the City and contained the appropriate documents. 2. In accordance with City Code 18.28.010, the application is scheduled to be heard at a Regular Meeting of the Land Use and Development Commission at a public hearing. 3. 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: 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; and 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. 4. The hearing will be 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 Amendment 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: L CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us CUP Amendment Approval Form- FFCL 1. Conditions of Approval necessary to approve the amendment are (if any): Applicant is required to coordinate with City staff to develop a new landscape plan that includes up to 3 additional trees on the north side of the property to increase privacy for neighbors. Staff may receive input from neighbors [to the north] on tree placement. Staff will have discretion on final determination of tree placement, and applicant will be required to comply with staff determinations as to the new landscape plan. b. In addition to the requirements of these Findings of Fact and Conclusions of Law, Applicant shall comply with all prior conditions and requirement of the previously approved CUP as set forth in the prior Findings of Fact and Conclusions of Law with stated conditions. 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 change is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. 4. The proposed change is compatible with other existing and permitted uses in the general vicinity. S. The proposed change is harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses. 6. The proposed change 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 change, 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. /94-0'f-\ CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us CUP Amendment Approval Form- FFCL ORDER: CONCLUSION AND DECISION; PERMIT TERMS 1. The Land Use and Development Commission, pursuant to the aforementioned, finds that the request for an Amendment to the Conditional Use Permit as herein described, shall be APPROVED. 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 and amendment 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 amended permit. 7. CUPS and CUP amendments may be revoked by the Community Services Director at any time if it is determined that any condition of the CUP, amendment, 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 and/or amendment. 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. C HUB&1CK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us CUP Amendment Approval Form- FFCL APPROVED BY THE CHAIR OF THE LAND USE & DEVELOPMENT COMMISSION OF CITY OF CHUBBUCK, IDAHO, this . , �, day of j U J , 20��. L CHUBBUCK IDING �' �'- � �1- �' ason C. Mendenhall, Chair ATTEST: Z'Brs, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us