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HomeMy WebLinkAboutItem #3 Pauline FlatsCHUBBUCK I D 0 H 0 Memo To: Honorable Mayor & City Council From: Don Matson, Planning Manager Date: April 13, 2023 Community Services Department Planning Division 290 E Linden Ave., Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Re: Approval of Findings of Fact and Conclusions of Law for a Conditional Use Permit, allowing Apartments in a General Commercial (C-2) Zone at 120 W Siphon Rd. (Action Item) After a public hearing and deliberations on February 14, 2023, the Land Use and Development Commission approved Findings of Fact and Conclusions of Law (FFCL) denying an application for a Conditional Use Permit (CUP) for apartments in the General Commercial (C-2) zone. The proposed location for the apartments was in the Yellowstone commercial corridor, at 120 W Siphon Rd. In accordance with Section 18.28.080 of City Code the applicant filed an appeal to the City Council. Following presentations by the applicant and city staff, and Council deliberations at its regular meeting on March 14, 2023, Council voted to grant the CUP with conditions. Attached is a new FFCL document for approval of the CUP, with the conditions referred to above. Upon Council approval of the FFCL, and signature by the Mayor, the CUP will become effective. Attached: Findings of Fact and Conclusions of Law \\cbkl-fs01\Public Works\Planning\Land Use Projects\Conditional Use Permit (CUP)\2023\Siphon 120 W - Pauline Flats\5.3.23 Memo to Council re FFCL Pauline Flats.docx 1 44e\ CHUBBUCK IOAH0 CITY COUNCIL 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2400 www.CityofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW A CONDITIONAL USE PERMIT FOR APARTMENTS IN A GENERAL COMMERCIAL (C-2) ZONE FACTS REQUEST: Request is for a Conditional Use Permit for apartments in the General Commercial (C-2) district as required by Section 18.08.040 of Chubbuck city code. Subject property is located at 120 W Siphon Road, comprising 2.6 acres of land. TYPE OF 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 Council may approve with or without conditions, may table a decision, or may deny the application. APPLICANT AND OWNER: Jesse Aldous 1800 W Floating Feather Rd Eagle, ID 83616 LOCATION: The site address is 120 W Siphon Rd, located at the northwest corner of Yellowstone Ave and Siphon Rd. The parcel is Lot 5, Block 1, in the Wyndhaven Subdivision. SITE CHARACTERISTICS & ZONING CURRENT ZONING: General Commercial (C-2) CURRENT LAND USE: Vacant, not used for agriculture EXISTING STRUCTURES: None PROJECT SIZE: +2.6 acres VIEWS: From all directions TOPOGRAPHY: Relatively flat, sloping to east IRRIGATION FACILITIES: No surface irrigation water rights RECENT TRAFFIC COUNTS ON YELLOWSTONE AVE: North of Siphon — 2021, 11,627/day South of Siphon — 2021, 10,492/day RECENT TRAFFIC COUNTS ON SIPHON RD: West of Yellowstone — 2020, 5,231 /day West of Yellowstone — 2021, 3,628/day RECENT TRAFFIC COUNTS ON NEW DAY PKWY: East of Yellowstone — 2020, 5,301/day East of Yellowstone — 2021, 7,133/day CUP Approval Form- FFCL SURROUNDING LAND USES AND ZONING NORTH: Single family residential subdivision and City lift station; Single Family Residential (R-1) zone EAST: RV retail across Yellowstone Ave; Industrial (1) zone SOUTH: Three businesses and a four-plex, General Commercial (C-2) and Limited Residential (R-2) zones WEST: Wyndhaven Subdivision apartments, 3 -stories; Single Family Residential (R-1) zone SERVICES: ACCESS STREET: Access from Siphon Rd only EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICES: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck PRESSURIZED IRRIGATION: No 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 18.16: Design Review Criteria c. Chapter 18.28.020: Conditional Use Permits (CUP) Procedures d. Chapter 18.28.080: Appeal of Land Use and Development Commission Decision PROCEDURES: 1. A design review clearance was obtained on August 23, 2022 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 before the Land Use and Development Commission (Commission) on February 14, 2023, and which contained the appropriate documents. 3. In accordance with City Code 18.28.010 and Idaho Statutes §67-6509 and §67-6512, notice of the public hearing on February 14, 2023 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. 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. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us CUP Approval Form- FFCL FINDINGS Having reviewed the record, including the application materials, staff report, testimony provided at the hearing and meeting, discussion and denial of the application by the Commission as recorded in the meeting minutes, 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 Council finds the following: 1. Conditions of Approval necessary to approve the Permit, in agreement with the applicant, are: To make the buildings (2 -stories) better conform with the existing developments, the northernmost building shall be rotated 90° to reduce the number of windows focusing to the north. Because the site is located on 2 principal arterials, one being a main entry from the interstate into the community, and to enhance compatibility with the surrounding neighborhood, applicant shall work with the Community Services Director to provide for a variety of architectural projections, colors, shudders, vertical lines, and/or other features to break up the monotony of the side and rear elevations, which meet with satisfaction of the Director. 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. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us CUP Approval Form- FFCL ORDER: CONCLUSION AND DECISION: PERMIT TERMS 1. The Council, 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 Council 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 Mayor. 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 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 18.28.090. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us CUP Approval Form- FFCL APPROVED BY THE MAYOR OF CITY OF CHUBBUCK, IDAHO, this day of , 20 CHUBBUCK 1 0 R H 0 Kevin B. England, Mayor ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us