HomeMy WebLinkAboutItem #1 Pinetree Subdivision 1st Addition/ao'�C\
CHUBBUCK
1 0 111 H 0
Memo
Community Services Department
Development Services Division
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
To: Honorable Mayor and City Council
From: Development Services Staff
Date: February 4, 2025
Re: Short Plat for Pinetree Subdivision 1St Addition
Applicant: Cookies N Milk Daycare LLC
5122 Hawthorne Rd.
Chubbuck, ID 83202
Professional Services: Dioptra
4880 Clover Dell Rd.
Chubbuck, ID 83202
Application: Pinetree Subdivision 1St Addition, approximately 0.41
acres with 1 single family residential lot, 1
common/parking area lot, and 1 lot being dedicated to
the public for street right-of-way. Located in the SW 1/4 of
Section 3, Township 6 South, Range 34 East, of the Boise
Meridian, Idaho in Chubbuck, Idaho. Generally located on
the east side of Hawthorne Road at 5114 Hawthorne
Road.
Existing Zoning: Limited Residential (R-2)
Existing Land Use: Residential
Staff Report: The final plat for Pinetree Subdivision 1' Addition qualifies for Short Plat
Procedures per the standards in Title 17.12.400. The plat application has been reviewed
by staff and meets the standards of Titles 16, 17, and 18 of City Code. Specifically:
• 16.12.230:
o Secondary pressurized irrigation system including pump station
requirement
o A secondary pressurized irrigation system is not required for this
development as the property has previously relinquished the irrigation
water rights.
• 17.12.400:
o Proper access is provided to the property
o No construction and dedication of public street improvements are
required
• 17.12.210:
o A planning conference was held between applicant and city staff
o Developer has completed requirements determined at the planning
conference
• 18.08.042:
o Lots meet minimum lot standards in the Limited Residential (R-2) zone
• Staff Recommendation:
o Recommend Approval.
o If approved, recommend approval of Findings of Fact and Conclusions of
Law.
• Recommended Condition(s) if approved:
o Construction plans/drawings be approved by the Development Services
Division.
o A successful execution of a development agreement. If staff and developer
are unable to reach a consensus of the requirements for construction
through the development agreement, staff will bring items of
disagreement before the City Council for a final decision.
o Improvements are to be completed and approved as required by the
Conditional Use Permit approval.
Attachments:
1. Proposed Findings of Fact and Conclusions of Law
2. Short Plat for Pinetree Subdivision V Addition
3. Conditional Use Permit Approval
/944'C-\
CHUBBUCK
I D A H D
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
/6470-t-\
CHUBBUCK
1 0 0 H 0
CITY COUNCIL
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
FINDINGS OF FACT & CONCLUSIONS OF LAW
FOR A
SHORT PLAT FOR PINETREE SUBDIVISION 1ST ADDITION, APPROXIMATELY 0.41
ACRES LOCATED ON THE EAST SIDE OF HAWTHORNE RD. AT 5114 HAWTHORNE
ROAD
FACTS
REQUEST: The applicant proposes a 3 lot short plat for 1 residential lot, 1 common/parking area lot, and 1 lot
being dedicated to the public for right-of-way in the Pinetree Subdivision 151 Addition. It includes
dedicating 25' of right-of-way along the subdivision frontage.
TYPE OF COUNCIL 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 standards for approval). A
decision of this final plat shall be based on whether it meets the requirements of the City of Chubbuck
ordinance and State of Idaho statutes.
OWNER:
Cookies N Milk Daycare LLC
5122 Hawthorne Road
Chubbuck, ID 83202
PROFESSIONAL SERVICES:
Dioptra
4880 Clover Dell Road
Chubbuck, ID 83202
LOCATION: SW 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located on the east side of Hawthorne Rd. at 5114 Hawthorne Rd.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Limited Residential (R-2)
CURRENT LAND USE: Residential
PROJECT SIZE: ±0.41 acre
VIEWS: Generally visible from the west
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: yes
SURROUNDING LAND USES AND ZONING
NORTH: Commercial; Limited Commercial (C-1)
EAST: Residential; Limited Residential (R-2)
SOUTH: Residential; Limited Residential (R-2)
WEST: Residential; Planned Unit Development (PUD)
RECENT TRAFFIC COUNTS:
2024: Hawthorne Rd. at W. Chubbuck Rd., 6553/day
Final Plat Approval Form- FFCL
SERVICES:
ACCESS STREET: Current Access from Hawthorne Rd.
FIRE/EMS PROTECTION: City of Chubbuck Fire Department
SANITARY SEWER: City of Chubbuck Sewer Utility Department
CULINARY WATER: City of Chubbuck Water Utility Department
SURFACE WATER RIGHTS: None
PROCEDURES:
In accordance with City Code 17.12.200 and Resolution 2024-04, a complete petition and fees
for a final plat were filed with the City and which contained the appropriate documents and
waiver requests pursuant to 17.12.200.
In accordance with City Code 17.12.210, the application was scheduled to be heard at a Regular
Meeting of the City Council.
In accordance with City Code 17.12.230, the record was reviewed on February 19, 2024 by the
City Council.
APPLICABLE LAWS AND PLANS:
1. Idaho Code
a. §50-13, Plats and Vacations
b. §67-6513, Subdivision Ordinance
Chubbuck Comprehensive Plan (as amended)
Chubbuck City Code
a. Title 16, Land Improvement Standards
b. Title 17, Land Development
c. Title 18, Land Use
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 Final Plat as found in city code section 17.12.100,
the City Council finds the following:
1. Conditions of Approval necessary to approve the Final Plat are (if any):
1940't-\
CHUBBUCK
I D A H D
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
a. Construction plans/drawings be approved by the Development Services Division.
b. A successful execution of a development agreement. If staff and developer are unable
to reach a consensus of the requirements for construction through the development
agreement, staff will bring items of disagreement before the City Council for a final
decision.
c. Improvements are to be completed and approved as required by the Conditional Use
Permit approval.
The Short plat proposal substantially conforms to Chapter 17.12, Section VI. Short Plat Procedure,
meaning that the following are found:
a. Proper Access is provided to the property;
b. The development is consistent with the comprehensive plan;
c. No substantial construction and dedication of public improvements are required;
d. Requirements of the planning conference have been met.
ORDER. CONCLUSION AND DECISION: PERMIT TERMS
1. The City Council, pursuant to the aforementioned, finds that the request for a Short Plat 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.
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. Approval of the short plat is valid for a period of two (2) years. Approval of a short plat does not
assure final acceptance of any dedications, continuation of any existing design and construction
regulations, or continuation of any existing land use regulations governing the subject land or
other properties in the area. If the short plat is not recorded and improvements and structures
intended for dedication to the public are not begun within a one year period from the date of
Council approval, the short plat and supporting documents shall be resubmitted to the City for a
review of compliance to then existing applicable ordinances and regulations.
194�0t\
CHUBBUCK
I D A H D
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
5. Whether approved, approved with conditions, or denied, any party seeking judicial review of the
decision must first request a reconsideration of this decision to the City Council in accordance with
section 18.28.090 of city code.
APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day
of , 20
194�0t\
CHUBBUCK
I D A H D
Kevin B. England, Mayor
ATTEST:
Joey Bowers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
West 1/4 Corner of Section 3
Found PK Nail in Bridge Deck 4 3
CP&F Instr. #22114871
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Lot 3
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(R1-25.00)
25.00' _
Point of Beginning
Southwest Corner of Section 34T3
Found 5/8" Rebar Aluminum
Cap CP&F Instr. #20520788 9 10
(PT— N 89'43'49" E 159.00)
(Rf— N 89'4349" E 159.00)
S 89'41'57" E 158.99'
40.00'
VICINITY MAP
I 133.99' \ \ W W
(R)-134.00) \ 15.00' C 11J l I
I \ �
Pinetree Subdivision \
Instr. #22310554 \\
A_
I Z \ \
Block 1 \ Z z \
o Lot 2 \ 9
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—I— _ — — See Note #4. \ \
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12.00 (PT— S 89'4349" E 198.12) \ f Found 1/2" aw/ '�
I (Rf— S 89'43'49" E 198.12) \ Plastic Cap mR
I — — S 89'41'49" E 198.11 — — \ Replaced to
X —122.34' X X X 50.77 \ ~
I I �
15' Public Utility \ 13.00 \
Easement
I Pinetree Subdivision 7'69 \ \� r•
I 1st Addition \\ f s
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I Block ! x \ \ N
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Lot 1 Lot 2 \\ '74` 1 m
o0.24 Aeraso x 0.f3RAaa \ \ Oto \
z o \\ \\>
I 5' Existing Easement Z \ y
� —Per Instr. #20411567
I \ 40.00'
I I x \' �
I I
\ Found 1/2" w/
7'97 \ Plastic Cap
124.32' 82.65' \ Replaced
�----��--�----X---7---x
N 89'44'14" W 231.97' \
(R1— N 89'4349" W 232.00) \
Michael Fehringer \
Deed #21712603 \
SURVEY NARRATIVE \\
1.) This plat splits the parcel described in Deed #21806681 into three Lots. \
2.) The overall parcel boundary was determined by found monuments on the East line and along the \\
Right—of—Way of Hawthorne Rd. per ROS Inst. 22307255
3.) Fort Hall Irrigation Project has an 80 foot wide Right—of—Way, 40 feet each side of the centerline of
Stuart Lateral Canal. No modifications or encroachments within the limits of the United States
Right—of—Way for the Stuart Lateral Canal will be allowed without prior written approval by the Bureau of
Indian Affairs. The 40 foot wide Right—of—Way will also serve as a dedicated easement to the City of
Chubbuck for access and recreation conditional upon written approval from the Bureau of Indian Affairs.
4.) Existing 12 foot wide easement as shown on Deed #22117949, granted to Lindsay Kay Covington for
ingress and egreees will be vacated per Doctrine of Merger.
5.) Lot 3 Block 1 will be dedicated to the public as additional Right—of—Way for Hawthorne Rd
6.) All Lots are in Flood Zone "X" per panel FIRM 16005CO236D.
7.) Lot 2 Block 1 is an unbuildable lot used for parking and stormwater storage.
PINE TREE SUBDI VISION
IST ADDI TION
LOCATED IN NW 1/4 OF SW 1/4 SECTION 3,
TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE
BOISE MERIDIAN, IN THE COUNTY OF BANNOCK.
0 20 40
LEGEND
Overall Parcel Boundary
Lot Lines
Fence Lines
Adjoining Parcels
Easements
Canal Centerline
Section Line
ROW ROW Right—of—Way
Set 1/2" Rebar with
Plastic Cap PLS 15295
Q Set 5/8" Rebar with Plastic
Cap PLS 15295
Found 1/2" Rebar Plastic Cap
PLS 12457 per ROS Instr. #22307255
COUNTY RECORDERS CERTIFICATE
1" Copper Tag PLS 12457
E:1
per ROS Instr. #22307255
per
X
Calculated Position
\
(R1 _)
Record Bearing and Distance
per ROS Instr. #22307255
(PT_)
Record Bearing and Distance
per Pinetree Subdivision
Instr. #22310554
\
(NS—)
Record Bearing and Distance
per Neider Subdivision Plat
per Instr. #259146
SGPFc
BASIS OF BEARING
��5�\LD
a Y
Basis of Bearing per Idaho State Plane
Coordinate System —East Zone.
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GPS observation combination factor:
��yj
P
1.0002579939.
J')
q)F
Odgin:Lat: N 42'55'40.02"
S OF \OP �p
Long: W 112'27'59.13
ART K WP
Height: 4458.10ft
•
All distances are US Survey Feet.
COUNTY RECORDERS CERTIFICATE
SUBDIVISION BOUNDARY DESCRIPTION
Part of the Northwest / of the Northwest / Section 3, Township 6 South,
Range 34 East Boise Meridian, Bannock County, Idaho, more particularly
described as;
Commencing at the Southwest corner of Section 3, Township 6 South, Range
34 East, thence N 00'16'11" E 2095.34 feet along the West line of Section 3
to the True Point of Beginning,
Thence continuing N 00'16'11" E 84.08 feet along the West line of Section 3
to the southwest corner of Pine Tree Subdivision Instr. #22310554,
Thence S 89'41'49" E 198.11 feet along the South line of Pinetree Subdivision
to the southeast corner of said subdivision,
Thence S 21'41'44" E 90.51 feet,
Thence N 89'44'14" W 231.97 feet along the north line of a parcel described
in Deed Inst. #21712603 to the Point of Beginning.
Parcel Contains ±0.41 acres
OWNER'S CERTIFICATE
Know all men by these presents that we, Cookies N Milk Daycare LLC, the
undersigned owners of the tract of land described in the Boundary
Description, have caused the same to be subdivided into a Block and Lots
to hereafter be known as Pinetree Subdivision. It is our intention, the
undersigned owners, to include all the land described in the Boundary
Description on this Plat. The location and dimensions of the Block and Lot
are to be as shown on the accompanying map of the property. All streets,
all water, sewer, and storm water detention facilities lying within the street
rights—of—way are dedicated to the public for public use, unless otherwise
indicated, and the easements for public utilities are dedicated to the public
for the installation, operation, maintenance and use of public utility services.
The right to use all depicted easements is reserved for such public use for
utilities and for other public purposes, including but not limited to, postal
delivery boxes. No structures, other than those required for such public
utility purposes, are to be erected or placed within said easements. The
public may have access to such areas, subject to municipal regulation. The
responsibility to maintain the property dedicated, except as noted, shall pass
to the public body having jurisdiction when such dedication has been
accepted. The responsibility to maintain the surface area of property over
which an easement lies shall remain with the owner and owner's successor's
interest. The responsibility to maintain storm water detention facilities,
whether lying in an easement or lying within a dedicated right—of—way, shall
belong to the owner of the property benefited by the detention of storm
water flowing from that property which shall be the property adjacent to the
storm water detention facility unless such facilities serves multiple properties
as noted on the plat.
This plat is governed by the Municipal Code of the City of Chubbuck, which
provides that a Final Plat shall constitute a dedication; however, approval of
the Final Plat shall not constitute the City's acceptance of the dedication.
Such acceptance shall become effective only upon the execution, by the
Mayor, of a separate instrument for that purpose, after City Council has
found that all structures and improvements relating to the dedicated property
have been completed and have been approved upon inspection by the City.
Dedication is not binding upon the City until accepted.
In witness whereof we, the owners, do here unto set our hands.
Aubrey Noasz Managing Member
Cookies N Milk Daycare LLC
PINETREE SUBDIVISION
IST ADDITION
LOCATED IN NW 1/4 OF SW 1/4 SECTION 3,
TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE
BOISE MERIDIAN, IN THE COUNTY OF BANNOCK.
HEALTH DEPARTMENT CERTIFICATE
Sanitary restrictions as required by Idaho Code, Title 50,
Chapter 13 are in force. No owner shall construct any
building, dwelling or shelter which necessitates the supplying
of water or sewage facilities for persons using such
premises until sanitary restriction requirements are satisfied.
Southeastern Idaho Public Health Date
Environmental Health Specialist
CITY OF CHUBBUCK
The plat on which this certification appears is
hereby approved by the City of Chubbuck, Idaho
this day of , 2025.
Mayor City Engineer
City Clerk
IRRIGATION CERTIFICATE
The property included in this plat is located within the
Fort Hall Irrigation District. However, the property is not
entitled to irrigation rights supplied by Fort Hall Irrigation
Project, nor any other irrigation district, and the
requirements of I.C. 31-3805 are not applicable.
CANAL COMPANY ACCEPTANCE
Fort Hall Irrigation Project has reviewed this plat and accept
the easements as shown
Fort Hall Irrigation Representative Date
CULINARY WATER
This subdivision is eligible to receive
water from the City of Chubbuck
municipal systems.
ACKNOWLEDGEMENT
STATE OF IDAHO )
COUNTY OF BANNOCK ) ss
On this day of , 2025, before me, a Notary Public
in and for the State of Idaho, personally appeared, Aubrey Naasz,
Managing Member of Cookies N Milk Daycare LLC, known or identified to
me, to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same. In
witness whereof, I have hereunto set my hand and affixed my notarial
seal the day and year in the certificate first above written.
NOTARY PUBLIC
MY COMMISSION EXPIRES
COUNTY TREASURER'S CERTIFICATE
Pursuant to 50-1308, Idaho Code: I do hereby certify that all
county property taxes due, both delinquent and current have
been paid on the property described in the shown legal
description through
County Treasurer — Jennifer Clark Date
COUNTY SURVEYOR'S CERTIFICATE
I, Matthew S. Baker, an Examining Surveyor in and
for Bannock County do hereby certify that I have
checked this plat and computations shown hereon
and have determined that the requirements of Idaho
Code 50-1305 have been met, I approve the same
for filing this day of 2025.
Matthew S. Baker PLS# 13023
I, Stewart K. Ward, a Licensed Professional Land Surveyor in
the state of Idaho do hereby certify that a survey was made
under my direction of the premises described in the boundary
description and shown on this plat upon which this certification
appears. I further certify that this plat was prepared under
my direction and that the monumentation shown conforms with
that set on the ground and that the pertinent statutes of the
State of Idaho, together with all local ordinances have been
complied with.
Stewart K. Ward PLS# 15295 Date
a
DEVELOPMENT AGREEMENT
The City of Chubbuck Development Agreement
recorded as Instr. # , are hereby
made a part of this plat.
COUNTY RECORDERS CERTIFICATE
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 A DAYCARE CENTER
IN THE LIMITED RESIDENTIAL (R-2) ZONE
FACTS
REQUEST: Request is for a Conditional Use Permit a for daycare center in the Limited Residential (R-2) Land
Use District as required by Section 18.08.020 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:
Cort and Aubrey Naasz
4636 Pahsimeroi Dr
Chubbuck, ID 83202
OWNER:
Lindsay Kay Covington
5114 Hawthorne Rd
Chubbuck, ID 83202
LOCATION: The site is at 5114 Hawthorne Rd, comprising .46 acres. Parcel number RCCPCO22602.
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: Limited Residential (R-2)
CURRENT LAND USE: Single-family home
EXISTING STRUCTURES: House
PROJECT SIZE:.46 acres, conversion of home
IRRIGATION: No water rights through the Fort Hall
Irrigation Project
SURROUNDING LAND USES AND ZONING
TOPOGRAPHY: Relatively flat
RECENT TRAFFIC COUNTS:
Hawthorne Rd at Homestead Rd:
2022, 3,295/day; 2109, 3,246/day
Hawthorne Rd at Chubbuck Rd:
2024, 6,553/day; 2021, 8,439/day
NORTH: Daycare and single-family home; Limited Commercial (C-1)
EAST: Stuart Park; Limited Residential (R-2)
SOUTH: Undeveloped parcel and single-family homes; Limited Residential (R-2)
WEST: Vacant parcel, four-plexes, single-family home; Planned Unit Development (PUD) and Limited
Residential (R-2)
CUP Approval Form- FFCL
COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION: Mixed Use
SERVICES:
ACCESS STREET: Hawthorne Rd; Canal St/James Ave is close by.
EMERGENCY SERVICES: City of Chubbuck
CULINARY 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. Chapter 18.08 Land Use Districts and General Controls
b. Chapter 18.16: Design Overlay District and Criteria
c. Chapter 18.28.020 Conditional Use Permits (CUP) Procedures
PROCEDURES:
1. A design review clearance was obtained October 2, 2024 in accordance with Chapter 18.16:
DesignZeview 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
November 12, 2024 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
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
REEKwww.CityofChubbuck.us
1 0 R H 0
CUP Approval Form- FFCL
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:
1. Conditions of Approval necessary to approve the Permit are (if any):
Seasonal delayed improvements, including stormwater completion, landscaping
updates, and parking lot paving, must be completed by June 1, 2025.
Submit Short Plat application no later than February 1, 2025.
C.
G
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:
1 290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
CHUBBUCK www•CityofChub buck. us
Ioaaa
CUP Approval Form- FFCL
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 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.
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 18.28.080 and
18.28.090.
APPROVED BY THE CHAIR OF THE LAND USE & DEVELOPMENT COMMISSION OF
CITY OF CHUBBUCK, IDAHO, this day of 061V 1202 t4.
ason C. Menden all, Chair
CHUBBUCK
I a
ATTEST:
Jo rs,e erk
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us