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
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Pauline Flats\5.3.23 Memo to Council re FFCL Pauline Flats.docx
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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