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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 chbbck07.10a 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 chbbck07.10a 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 chbbck07.10a