HomeMy WebLinkAboutItem #1 New Day Parkway Animal CareCHUBBUCK
1 0 A H 0
Memo
Public Works Department
Planning Services
290 E Linden Ave, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
To: Land Use and Development Commission
From: Don Matson, Planning Services Manager
Date: January 7, 2026
Re: Extension of Time / FFCL Amendment for an
Animal Care Site — 702-730 New Day Parkway CUP
Background:
Larry Dunn received a Conditional Use Permit (CUP) from the Commission in July 2023
for a pet boarding business. Several issues delayed the project, including the failure of
access agreements with neighboring property owners.
In July 2024 the former Community Services Director (CSD) authorized an 18 -month
extension of the CUP to January 2026, acknowledging the progress of potential
development on neighboring parcels that would provide a different access point. No
conditions listed in City Code 18.28.020.G would require that an extension be denied.
Since that time the neighboring property owners have changed their development
plans, without access to Mr. Dunn's property. This request is for one more extension of
time with an amendment to the Findings of Fact and Conditions of Law (FFCL) from the
Commission (see attached).
Request:
Mr. Dunn requests the removal of the first condition on the FFCL "When agreement is
reached among neighbors for a new road access, and upon its construction, access to
the site will change from New Day Pkwy to the new street, and the street frontage will
require landscaping per City Code", and replace it with a condition allowing an
extension of time for 24 months, to expire on January 23, 2028.
Summary:
To accommodate a different access point via the neighboring property Mr. Dunn's site
would need a different layout, engineering, grading, etc. His request at this time is for an
extension of time only, not to authorize any change to the site as originally approved
with the CUP.
The term of approval for a CUP is stated in City Code 18.28.020.F that unless the
Commission approves a longer term, the CUP will expire in 12 months if construction
does not commence.
In agreement with City Code 18.28.020.G the CSD granted an 18 -month extension of
time. Any further extension of time may be granted by the Commission but not by the
CSD.
If Mr. Dunn has not commenced construction by the date determined by the
Commission, he will apply for a new CUP from the Commission.
Recommendation:
• Approve the request to remove the first condition of the FFCL
"When agreement is reached among neighbors for a new road access, and upon
its construction, access to the site will change from New Day Pkwy to the new
street, and the street frontage will require landscaping per City Code."
• Replace the first condition with a new condition
"The term of approval for this CUP shall be extended 24 months from this date
to 73 January, 2028. If construction has not commenced by said date the CUP
shall become void and a new CUP shall be required for the project to move
forward. "
Exhibits:
1. Request for Condition on Amended FFCL: 26 December, 2025
2. Findings of Fact and Conclusions of Law: 11 July, 2023
3. Facts, Findings, & Decision: July 2, 2024
4. Draft Amended FFCL
CHUBBUCK
1 0 R H 0
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
Outlook
Request for Condition on Amended FFCL
From LARRY DUNN <larrydunn1332@msn.com>
Date Fri 12/26/2025 5:53 PM
To Joey Bowers <JBowers@cityofchubbuck.us>
Cc Don Matson <dmatson@cityofchubbuck.us>
Hi Mr. Bowers, I am writing to request an amended FFCL for an existing CUP. My original CUP is under
FFCL "New Day 730 CUP_FFCL_Approval.pdf". The first amendment I would like to have is under
Condition of Approval 1.a. I would like that removed from the FFCL. The agreement describes was
cancelled by the neighboring developer after approximately six months of delay during the construction
of Bluff Point Rd. My second amendment request is to have a Condition of Approval added to the FFCL
that would allow me another 24 months extension on the CUP. The first 18 months were approved in
"Approval_702 New Day Parkway Animal Care CUP Extension Request_07.02.2024.pdf". I did not realize
how much effort, time, and money the cancellation of the agreement would affect my proposed project.
When I received the agreement stating that my business access would have to spur off Bluff Point Rd. I
began getting new engineered drawings and architectural drawings. The cancellation of the agreement
forced me to make changes to my business plan, financial projections, engineering, architectural
drawings, construction bids, etc. This causes me to have to start over with lending institutions as well.
These delays and the recent government shutdown have caused substantial delays to the overall
progress of my project. I would like to point out that to my knowledge there have been no significant
amendments to the Comprehensive Plan or Land Use ordinance, or any significant land use changes in
the vicinity which would adversely impact the project or would be adversely impacted by the project.
There also have not been any hazardous situations which have developed or discovered in the area. I am
also still planning on the same use, layout, and all other details that were presented in the original
approved project plan review and CUP application. If this extension is granted, I would fully expect the
City of Chubbuck to require a complete reapplication for a new CUP if the extension time expires. I
appreciate your time. Please let me know if you have any questions or comments. Thank you, Larry
Larry P. Dunn
702 New Day Parkway
Chubbuck,ID 83202
(208) 240-4012
CAUTION: This email originated from outside the organization. Do not click links or open
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CHUBBUCK
1 0 A H 0
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 ANIMAL CARE SITE (PET BOARDING)
IN AN AGRICULTURE (A) ZONE
FACTS
REQUEST: Request is for a Conditional Use Permit for an animal care site (pet boarding) in the Agricultural (A)
zone district as required by Section 18.08.040 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:
Larry P. Dunn
702 New Day Parkway
Chubbuck, ID 83202
LOCATION: The site is near the northeast corner of Hiline Rd and New Day Pkwy. The project area is sloped
through the center, the facility would be built on the more level upper part of the parcel.
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: Agriculture (A)
CURRENT LAND USE: Pasture
EXISTING STRUCTURES: None
PROJECT SIZE: ±1.2 acres
VIEWS: Less visible from the west; more visible from
higher elevated areas south and east
TOPOGRAPHY: Slope down from northeast to
southwest
SURROUNDING LAND USES AND ZONING
RECENT TRAFFIC COUNTS ON NEW DAY:
West of Hiline Rd — 2020, 5,323/day
East of Hiline Rd — no data available
RECENT TRAFFIC COUNTS ON HILINE RD:
North of New Day — 2021, 4,186/day
South of New Day -
- 2020, 5,114/day
— 2022, 4,754/day
NORTH: Single family home with pasture; Agriculture (A) zone
EAST: Pasture; Agriculture (A) zone
SOUTH: New Day Parkway and undeveloped area; General Commercial (C-2) and Agriculture (A) zones
WEST: Single family home (project owner), and Hiline Canal; Agriculture (A) zone
SERVICES:
ACCESS STREET: New Day Parkway
Per Design Review Committee it is recognized that changes to the access and site alignment may
happen, depending on whether agreement is reached among neighbors for a new road access.
CUP Approval Form- FFCL
EMERGENCY SERVICES: City of Chubbuck
CULINARY WATER SERVICES: City of Chubbuck, water main below building site in New Day Pkwy
SEWAGE DISPOSAL: City of Chubbuck, sewer main below building site in New Day Pkwy
PRESSURIZED IRRIGATION: None available, no surface water rights 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 18.12:30.6 Supplemental Controls for Particular Uses: Animal Care Sites
c. Chapter 18.16: Design Overlay District and Criteria
d. Chapter 18.28.020 Conditional Use Permits (CUP) Procedures
PROCEDURES:
1. A design review clearance was obtained May 3, 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
July 11, 2023 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.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:
CHUBBUCK
1 0 R 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:
a. When agreement is reached among neighbors for a new road access, and upon its
construction, access to the site will change from New Day Pkwy to the new street, and the
street frontage will require landscaping per City code.
b. In lieu of frontage landscaping on New Day Pkwy, applicant shall maintain area behind
pathway landscaped strip to their property to minimize weed growth. Contact Parks
Department before applying herbicides.
C.
on
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.
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.
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 § 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
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
CHUBBUCK www.CityofChubbuck.us
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CUP Approval Form- FFCL
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 LUDC; 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 day of
Jason C. Mendenhall, Chair
ATTEST:
20
Joey Bowers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
CHUBBUCK www.CityofChubbuck.us
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laa,lt\
CHUBBUCK
1 A A H A
Community Services Department
290 E Linden Ave., Chubbuck, ID 83202
208.237.2430
Facts, Findings, & Decision
www.CityofChubbuck.us
To: Larry Dunn, Applicant; City Planning Division, City Building Division, City Development Services Division
From: Devin Hillam, Community Services Director -N
Date: July 2, 2024
Re: Animal Care Site — 702 New Day Parkway CUP — Extension Request
Request:
• On July 2, 2024, Larry Dunn formally requested an extension of their approved conditional use permit
(CUP) for 18 months.
Facts:
• At the July 11, 2023 Land Use and Development Commission meeting, a CUP was approved, subject to
conditions. The approval was effective 10 days after the signing of the FFCL by the Mayor (July 21, 2023).
• Per Chubbuck City Code, CUP approvals are valid for 1 calendar year unless the use has commenced, and
conditions are satisfied.
o Between receiving this approval and the request for extension, an adjacent property owner filed a
preliminary plat with the City to construct a roadway adjacent to the Dunn property. Condition
1.A of the CUP stated that "When agreement is reached among neighbors for a new road access,
and upon its construction, access to the site will change from New Day Parkway to the new street,
and the street frontage will require landscaping per City code." The discussions amongst the
adjoining landowners (Freed/Harvest Springs) were outside of the Applicant's control and he has
made all good faith efforts possible to proceed while waiting for the agreement to be reached. It
was only as recently as last week (end of June 2024) that the adjoining landowners determined to
not construct a roadway adjacent to the Dunn property at this time.
• Chubbuck City Code states that extensions of the permit may be requested if a written petition is filed at
least 30 days prior to the lapse of the permit. An extension under the code may be approved one time for
up to 2 years if the Community Services Director (CSD) finds that certain criteria are satisfied. If the CSD
finds that any of the following exist, an extension shall be denied.
o There have been significant amendments to the Comprehensive Plan or Land Use ordinance
which will affect the CUP authorization.
There have been significant land use changes in the vicinity which would adversely impact the
project, or which would be adversely impacted by the project.
There are hazardous situations which have developed or have been discovered in the area.
Findings:
J:\Planning\Land Use Projects\Conditional Use Permit (CUP)\2023\New Day 730 E - Northgate Pet
Boarding\Final_702 New Day Parkway Animal Care CUP Extension Request_Approved_dbh_7.2.2024.docx
• Based upon the several steps taken since the CUP was approved in working with City staff and trying to
work with circumstances outside of his control, and the recent change to development plans of the
adjacent property owners as indicated in the Facts, the requirement for this extension request is waived so
that a review of the extension request could occur prior to the permit's expiration.
• The applicant requests an 18 -month extension from July 21, 2024.
• The CSD deems commencement of the use as occurring from the time when a building permit is obtained
AND the foundation is poured and approved by the Building Division.
• The CSD finds that none of the conditions listed in Chubbuck City Code section 18.28.020.G exist which
would require that an extension be denied.
Decision:
Upon review of the request, the facts, and findings, it is hereby decided that the request for an extension to the
approved Conditional Use Permit is granted, and that the one-time extension allowed is for an additional 18
months from July 21, 2024 (January 21, 2026) in order to obtain a building permit AND to have the foundation
poured and inspected/approved by the Building Division. If the use as defined herein has not commenced by
January 21, 2026, and the Applicant wishes to proceed with the project, a new CUP will be required to be obtained
in accordance with City Code.
Decisions of the Director may be appealed by an applicant or any person having a bona fide interest in real property
as defined in Idaho Code §67-6521. The appeal petition must be submitted within ten (10) business days of the CSD's
final decision and contain a description of the grievance as it pertains to the specific standards for approval. The appeal
shall be heard within a reasonable time by LDDC to review the decision of the PWD and to hear testimony of the
appellant and applicant (if different from appellant). LUDC shall determine whether to remand, uphold, modify, or
overturn the decision of the CSD, including whether to remove or add conditions. (Chubbuck City Code 18.28.070)
J:\Planning\Land Use Projects\Conditional Use Permit (CUP)\2023\New Day 730 E - Northgate Pet
Boarding\Final_702 New Day Parkway Animal Care CUP Extension Request_Approved_dbh_7.2.2024.docx
From: LARRY DUNN
To: Devin Hillam
Cc: Don Matson; Sean Harris
Subject: Request for CUP Extension - Animal Care Site - 702 New Day Parkeay
Date: Tuesday, July 2, 2024 3:21:49 PM
Hello Devin, I am writing this email to ask the City of Chubbuck to grant an extension to my
CUP that was approved at the LUDC meeting on July 11, 2024. The reason for the extension
is because I was directed by the city (Finding I of the CUP) to wait for the construction of
Bluff Point Rd. for my commercial access. I have been waiting for many months and asking
for updates from the developer of that road. I have been continually told the construction of
the road was delayed but still happening. I have also paid for engineering services for my
proposed access that will no longer be needed with the revised plan to not build Bluff Point
Rd. I am asking the for an 18 month extension so that I can now focus back on my original
plan of accessing my property, for commercial purposes, from my driveway. I will need to
time to align with my engineer, architect, and general contractor to make the necessary
changes to the plans. I appreciate your time and always being willing to meet with me on this
project. Please contact me if you have questions or comments. I can be reached at this email
or (208) 240-4012. Thank you, Larry
CAUTION: This email originated from outside the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
CHUBBUCK
1 0 A H 0
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 ANIMAL CARE SITE (PET BOARDING)
IN AN AGRICULTURE (A) ZONE
FACTS
REQUEST: Request is for a Conditional Use Permit for an animal care site (pet boarding) in the Agricultural (A)
zone district as required by Section 18.08.040 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:
Larry P. Dunn
702 New Day Parkway
Chubbuck, ID 83202
LOCATION: The site is near the northeast corner of Hiline Rd and New Day Pkwy. The project area is sloped
through the center, the facility would be built on the more level upper part of the parcel.
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: Agriculture (A)
CURRENT LAND USE: Pasture
EXISTING STRUCTURES: None
PROJECT SIZE: ±1.2 acres
VIEWS: Less visible from the west; more visible from
higher elevated areas south and east
TOPOGRAPHY: Slope down from northeast to
southwest
SURROUNDING LAND USES AND ZONING
RECENT TRAFFIC COUNTS ON NEW DAY:
West of Hiline Rd — 2020, 5,323/day
East of Hiline Rd — no data available
RECENT TRAFFIC COUNTS ON HILINE RD:
North of New Day — 2021, 4,186/day
South of New Day -
- 2020, 5,114/day
— 2022, 4,754/day
NORTH: Single family home with pasture; Agriculture (A) zone
EAST: Pasture; Agriculture (A) zone
SOUTH: New Day Parkway and undeveloped area; General Commercial (C-2) and Agriculture (A) zones
WEST: Single family home (project owner), and Hiline Canal; Agriculture (A) zone
SERVICES:
ACCESS STREET: New Day Parkway
Per Design Review Committee it is recognized that changes to the access and site alignment may
happen, depending on whether agreement is reached among neighbors for a new road access.
CUP Approval Form- FFCL
EMERGENCY SERVICES: City of Chubbuck
CULINARY WATER SERVICES: City of Chubbuck, water main below building site in New Day Pkwy
SEWAGE DISPOSAL: City of Chubbuck, sewer main below building site in New Day Pkwy
PRESSURIZED IRRIGATION: None available, no surface water rights 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 18.12:30.6 Supplemental Controls for Particular Uses: Animal Care Sites
c. Chapter 18.16: Design Overlay District and Criteria
d. Chapter 18.28.020 Conditional Use Permits (CUP) Procedures
PROCEDURES:
1. A design review clearance was obtained May 3, 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
July 11, 2023 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.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:
CHUBBUCK
1 0 R 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:
a. The term of approval for this CUP shall be extended 24 months from this date to 13
January, 2028. If construction has not commenced by said date the CUP shall become void
and a new CUP shall be required for the project to move forward.
b. In lieu of frontage landscaping on New Day Pkwy, applicant shall maintain area behind
pathway landscaped strip to their property to minimize weed growth. Contact Parks
Department before applying herbicides.
C.
on
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.
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.
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 § 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
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
CHUBBUCK www.CityofChubbuck.us
1 0 R H 0
CUP Approval Form- FFCL
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 LUDC; 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 day of
Jason C. Mendenhall, Chair
ATTEST:
20
Joey Bowers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
CHUBBUCK www.CityofChubbuck.us
1 0 R H 0