HomeMy WebLinkAbout006 04 92LAND USE'AND DEVELOPMENT COMMISSION
June 4, 1992
Minutes of the regular meeting of the Land Use and Development
Commission held in the city municipal building June 4, 1992.
Present: Chairman Kent Kearns, Commission Members: Myrna Cain,
Betty Poole, Mary Harker, Pete Anderson, Gayle Anderson,
Council Representative Steven England, Engineer Steve Smart,
project Engineer, Gerd Dixon and Secretary Myrna Crapo.
Chairman Kent Kearns called the meeting to order at 8:00 PM.
Chairman Kearns asked for approval of the May 7, 1992 minutes.
Myrna Cain moved to approve the minutes with Betty Poole
seconding. All commission members voted in favor.
Chairman Kearns asked if any member of the commission had a
conflict of interest with anything on the agenda. Chairman
Kearns declared a conflict with the first public hearing item;
he would abstain from voting, but would conduct the meeting.
PUBLIC HEARING
1. AN APPLICATION BY CHARLIE FRASURE AND JOHN MURRAY, 5850
YELLOWSTONE, CHUBBUCK, ID FOR A CONDITIONAL USE PERMIT FOR
STORAGE UNITS at 4800 block of Afton near Circle Inn.
Property is presently zoned General Commercial (C-2)
The staff reviewed their staff report. The buffer areas,
landscape areas may be hard for them to comply with as their
area is small.
Charlie Frasure explained the storage area they wanted to put
in there. They plan on putting up a cedar fence on the
south side.
Chairman Kearns asked for public testimony for or against.
Louis Hogge, 4827 N. Afton, told the commission that he had
been promised a privacy fence when the trailer park was
put in originally and after 1 1/2 years he got a 5' chain
link fence with the top rail off at the one end. Mr.
Hogge would like to have the 6' cedar privacy fence put
in before the building is begun.
Geri O'Dell, 4901 Yellowstone, (Manager of Circle Inn)
explained to the commission that the reason they were doing
this was to put up a buffer for the noise from Smith's loading
dock. They had to move the previous trailer because of the
noise from Smith's unloading at night.
Land Use and Development Commission
Page 2
June 5, 1992
Chairman Kearns closed the public hearing.
Chairman Kearns reviewed section 18.12.050 supplemental
controls for self service storage units. The design review
committee and what the land use can do.
The commission then discussed:
1. Landscaping required
2. Roll Curve being put in to allow people to back into the
units.
3. Traffic problem with people backing into the facility.
4. Tabling the decision and having them bring back a different
design.
5. Whether the project was for an investment or a sound
barrier.
6. Lighting would be every 3 doors and one light on the back.
7. Problem with the back of Smiths, and trucks unloading at
late hours.
8. Planning design being appropriate.
9. Reduce size of building and eliminating the problem of
people backing into them.
Pete Anderson moved to deny the conditional use permit. Betty
Poole seconded. Roll call vote. Myrna Cain, abstain; Betty
Poole, yes; Mary Harker, abstain; Kent Kearns, abstain because
of conflict of interest; Pete Anderson, yes; Gayle Anderson,
no, Steven England, no. It was a tie vote.
The commission then discussed:
1. Circle Inn being able to close off their part of Afton
2. Need to change the ordinance to allow it, and be in
compliance with the landscaping ordinance.
3. Driving over sidewalk to back in trailer or boats.
4. Date they would like to be finished.
5. Requirement placed by the city on the previous storage
unit.
6. Being consistent with everything we do.
Betty Poole moved to deny the conditional use permit. Pete
Anderson seconded. Roll call vote: Myrna Cain, yes; Betty
Poole, yes; Mary Harker, yes; Kent Kearns, abstain; Pete
Anderson, yes; Gayle Anderson, no; Steven England, yes.
2. AN APPLICATION BY HANCOCK FAMILY INVESTMENTS & JOSEPH BECKER,
2700 S. 5th, Pocatello, ID FOR A CONDITIONAL USE PERMIT FOR
STORAGE UNITS AT 4400 BLOCK FAIRGROUNDS ROAD, immediately West
of National Guard Armory. Property is presently zoned
Agricultural (A).
Land Use and Development Commission
Page 3
June 4, 1992
Chairman Kent Kearns opened the public hearing. Roger
Hancock, told the commission that they planned on building 170
storage units on this property. A lack of sewer and water in
the area makes it hard to develop residential.
Steven England and Gayle Anderson were excused.
Bob Hart, owns property south and east of present property.
They would like to see the land developed as residential.
They are concerned about the piece of property on the south
and having access to it. There is 35' deeded on the east side
of the property for a public roadway. They need that easement
to have access to their property. There is a revisionary
clause with this easement, if not used as a public roadway it
will revert back to the owners.
Harry Hartvigsen told the commission they wanted to make sure
that road easement stays so they could have access to their
property.
Chairman Kearns closed the public hearing.
The commission discussed:
1. If the subdivision ordinance would be triggered
2 Comprehensive plan designation for that area.
3 The way that this area will develop in the future.
4 If they plan on doing the development all at once.
5 Lighting of the storage areas
6 Outside storage for motor homes, boats, etc.
7 Quick claim deed to county for the 35' easement.
8 All storage needing to be under cover
9 Vehicle storage facility requirements
10. Future expansion for the storage units
ll. Selling homes in the area being difficult because of the
freeway.
]2. The need for the city to change the comprehensive plan.
Pete moved to approve the application of the Hancock Family
Investment and Joseph Becket for a permit for storage units
400 block of Fairground Road with the following conditions:
1. A quick claim deed be given to the county
relinquishing their right or claim on the 35' property.
2. Asphalt Parking, open parking, be deleted as per
ordinance for self service storage facilities.
3. Go through design review.
Mary Harker seconded. Roll Call vote: Myrna Cain, yes; Betty
Poole, no; Mary Harker, yes; Kent Kearns, yes; Pete
Anderson, yes.
Land Use and Development Commission
Page 4
June 4, 1992
GENERAL BUSINESS:
1. Approval of the findings of facts for City of Chubbuck for
freight storage container.
Pete Anderson moved to approve the findings of fact and
conclusions of law. Myrna Cain seconded with all voting in
favor.
Chairman Kearns told the commission that the citizens advisory
council with the Bannock Planning organization still needs one
more member from Chubbuck. They meet quarterly.
The commission adjourned at 10:15 PM.
Kerl~ 'Kearns, Chairman
yrna /~r~o, Secr~tX~y
CITY OF CHUBBUCK
LAND USE AND DEVELOPMENT COMMISSION
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
This matter having come before the Commission for public
hearing pursuant to public notice as required by law, on June 4,
1992, upon the application of Charlie Frasure and John Murray
(hereinafter referred to as "applicant") for a conditional use
permit to build self-service storage units on the real property
located at the 4800 block of Afton, near Circle Inn, and the
Commission having heard testimony from interested parties and
being fully advised in the matter, now makes the following:
FINDINGS OF FACT
1. Applicant has applied for a conditional use permit as
particularly described above.
2. All legal requirements for notice of public hearing have
been met.
3. The property in question is zoned General Commercial (C-
2) pursuant to the Land Use Ordinance of the City of Chubbuck.
4. The property is designated as General Commercial (C-2)
in the duly adopted Comprehensive Plan of the City of Chubbuck.
5. Relevant criteria and standards for consideration of
this application are set forth in Idaho Code section 67-6512 and
in Chubbuck Code section 18.28.040 (C).
6. The facts relevant to an evaluation of the relevant
criteria and standards are as follows:
A. The proposed design would have a rolled curb and 11 feet
between the front of the storage units and the right-of-way.
B. This area is not of sufficient size to allow compliance
with the landscape requirements of Chapter 18.14 of the Chubbuck
Municipal Code.
C. The use would serve as a noise buffer to noise from
Smith's; however, other alternatives are available to buffering,
such as the planting of trees.
D. Reducing the depth of the buildings would accomodate
landscaping, but may create a project that is less feasible
/0111 economically.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
chbbck06.111
m
E. The design would result in approximately 150 foot of
street frontage without any landscaping between the building and
the curb.
F. The applciation before the commission does not request
a variance. Therefore, the Commission cannot grant the permit as
filed without violating Chubbuck City Code.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and
Development Commission hereby enters the following:
CONCLUSION OF LAW
1. The application, as filed, cannot be granted, without
violating Chubbuck City Code.
DECISION
1. The Land Use and Development Commission, pursuant to the
foregoing, finds that the request of the applicant should not be
approved.
2. The conditional use permit requested by the Applicant is
not granted.
DATED this (9+ day of , 1992.
LAND USE AND DEVELOPMENT COMMISSION
By:
/ --- r "e -
Cha an
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
chbbck06.111
CITY OF CHUBBUCK
LAND USE AND DEVELOPMENT COMMISSION
FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION
This matter having come before the Commission for public
hearing pursuant to public notice as required by law, on
June 4, 1992, upon the application of Hancock Family Investments
and Jody Becker (hereinafter referred to as "applicant") for a
conditional use permit to build self service storage units on the
real property located at 4400 Fairgrounds Road
and the Commission having heard testimony from interested parties
and being fully advised in the matter, now makes the following:
FINDINGS OF FACT
1. Applicant has applied for a conditional use permit as
particularly described above.
2. All legal requirements for notice of public hearing have
been met.
3. The property in question is zoned Agricultural
^ (A)pursuant to the Land Use Ordinance of the City of Chubbuck.
4. The property has been subsequently designated as General
Commercial (C-2) in the duly adopted
Comprehensive Plan of the City of Chubbuck.
5. Relevant criteria and standards for consideration of
this application are set forth in Idaho Code section 67-6512 and
in Chubbuck Code section 18.28.040 (C).
6. The facts relevant to an evaluation of the relevant
criteria and standards are as follows:
A. The use appears compatible with existing development
trends in the area.
B. Adjacent landowners have expressed a concern about
maintaining an easement for the road on the east side of the
property which has a reversionary interest in the land
records. Applicant is willing to give a quitclaim deed on
the reversionary interest.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
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BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and
Development Commission hereby enters the following:
CONCLUSIONS OF LAW
1. The use for which the permit is sought will not be
injurious to the neighborhood or otherwise detrimental to the
public health, safety or welfare.
2. The permit sought will not produce an adverse impact on
the economic values of adjacent properties.
3. The permit sought will not produce a negative impact on
transportation facilities, public utilities, schools, public
parks, or the natural environment any greater than had the strict
terms of the Land Use Ordinance been complied with.
4. The noise and traffic conditions generated by the use
for which the permit is sought, when analyzed in conjunction with
the noise and traffic conditions now exiting does not indicate
that the permit should be denied.
5. The use for which the permit is sought shall not work
an unreasonable hardship upon surrounding property owners by
virtue of its physical natures or by the impact of changes made
in the landscape of the land.
6. The aesthetic qualities of the proposed use will not
conflict with aesthetic qualities of the surrounding lands.
7. Owners of adjacent property have not expressed approval
of the issuance of the requested conditional use permit.
8. The requested conditional use permit, if granted,
should be maintained subject to the conditions set forth below.
DECISION
1. The Land Use and Development Commission, pursuant to the
foregoing, finds that the request of the applicant should be
approved.
2. The following conditions, if any, are hereby imposed
upon the granting of said conditional use permit and applicant,
by taking advantage of said conditional use permit agrees to the
imposition of the same:
a. A quit claim deed be given to the County relinquishing
Applicant's right or claim on the 35' of property deeded on
10,.E the east side of the subject property for a public roadway.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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b. The proposed area for asphalt parking for open parking of
recreational vehicles be deleted as per the supplemental
controls for self service storage facilities which prohibit
such facilities being used for the outdoor storage of
vehicles.
c. The facility go through design review for review and
approval of the design as per the supplemental controls for
self service storage facilities.
3. The conditional use permit requested by the Applicant is
granted, subject to the foregoing conditions.
DATED this day of 1992.
LAND USE AND DEVELOPMENT COMMISSION
By: -S--------
Cha' an
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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