HomeMy WebLinkAboutPocatello-Chubbuck School District 25CHUBBUCK
1 0 R H 0
LAND USE &
DEVELOPMENT COMMISSION
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
FINDINGS OF FACT & CONCLUSIONS OF LAW
FOR A
CONDITIONAL USE PERMIT FOR A SCHOOL
IN A GENERAL COMMERCIAL (C-2) ZONE
FACTS
REQUEST: Request is for a Conditional Use Permit for a school in a General Commercial (C-2) zone 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/OWNER-
Pocatello-Chubbuck School District 25
3115 Pole Line Rd
Pocatello, ID 83201
LOCATION: The site is located at 4200 Hawthorne Road, in Chubbuck, Idaho.
TOWNSHIP/RANGE AND SECTION: Properly lies in the SW 1/4 of Section 10, Township 6 South, Range 34
East, of the Boise Meridian, Idaho
CURRENT PARCEL. NUMBER: RPRCRG2000100.
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: General Commercial (C-2)
PROJECTS IZE: ±9.8 acres
VIEWS: Generally visible from all directions
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: Office building,
77,225 square feet
RECENT TRAFFIC COUNTS:
2021: Hawthorne Rd south of site, 11,690 vehicles
per day
2018: Hawthorne Rd North of 1-86, 10,889 vehicles
per day
SURROUNDING LAND USES AND ZONING
NORTH: Commercial retail; General Commercial (C-2)
EAST: Commercial retail; General Commercial (C-2)
SOUTH: Apartments; Planned Unit Development (PUD)
WEST: Mixed residential and commercial uses; City of Pocatello Residential Commercial (RCP) zone and
Residential High Density (RH) zones.
CUP Agorova! Form- FFCL
SERVICES:
ACCESS STREET: Indirect access to Hawthorne via shared driveway (north) and private drive (south)
EMERGENCY SERVICES: City of Chubbuck
CULINGARY 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. 18.08 Land Use Districts and General Controls
b. 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 Conditional Use Permit were filed with the City at least 28 days prior to the public hearing and
which contained the appropriate documents.
2. In accordance with City Code 18.28.010, a public hearing was scheduled before the LUDC at the
November 8, 2022 regular meeting of the Commission.
3. In accordance with City Code 18.28.010 and Idaho Statute §67-6512, notice of the public hearing
was provided as follows:
a. Publication in the Idaho State Journal at least 15 days prior to the hearing;
b. Notice posted on the premises at least 15 days prior to the hearing;
c. Mailing to owners of property within a 300 ft. radius of the site at least 15 days prior to the
hearing; and
d. Notices posted prominently at the city office and website at least 15 days prior to the hearing.
4. 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:
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430— Fax 208.237.2409
CHUBBUCK www.CityofChubbuck.us
IQRHa
CUP Approval Form- FFCL
1. Conditions of Approval necessary to approve the Permit are (if any):
a.
701
C.
fl
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 § 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.
0 290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www.CityofChubbuck.us
I a A H 9
CUP Approval Form- FFCL "
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 91"' day of o ✓ems ,r, 20 Z.Z.
i
anon C. Mendenhall, Chair
ATTEST;
J w erk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www.CityofChubbuck.us
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