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CHUBBUCK
CITY COUNCIL
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2400
www.GtyofChubbuck.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 120 W Siphon Rd Approvol 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
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
CUP 120 W Siphon Rd Approval Form- FFCL
APPROVED BY THE MAYOR OF CITY OF CHUBBUCK, IDAHO, this T� day of
202-3 .
ev n B. EnClan off.
CHUBBUCK
1 9
ATTEST:
AJ
3oe e , C erk
290 E Linden Avenue, Chubbuck, IQ 83202
Phone 208.237.2430
www.CityofChubbuck.us