HomeMy WebLinkAbout003 05 92LAND USE AND
March
Minutes of the regular meeting of the Land Use andDe~a~opmeht
Commission held in the city municipal, buildin:~ Harch 5, i[992.
Prese~t: Chairman Kent kea~rns, Commission }.lambers: Myrna
Bott'}- Poole, Mary Harker, Pete Anderson~ Gayl. e Anderson;
Co~nci]_ Repl-esel~tative Dean kood, %ttophey Tom Holm('s, Public
Work Director, Stexe Smart; Project Engineer Gerd Dixoh;
Secretary }lyrua Ct.apo.
Chairman Kent t(eaFns called the meeting to order at {~:0{] PH
Chairman Kearns asked ~or api~roval of January 9, lq92 minutes
Myrna Cain moved to approve the minutes as mailed ~,~ ~ 8et
Poole se('ondin~. All commission members vo~u it~ a'.or
...hal Preen Kearl]s asked J f any membel' t)f [he COilil/tli RRiOI,. ,,. &[
conflict of il~leresl, with anNthil~ on '.}la ;{t~enda.~ ~,edlir' ...... Wood
stepped dowh fr.'om the~ commi ssion be~'a~se of interest in ! he
radio COIBIBUI!icaI.iO~ towel'.
PUBLIC ItEARING
...... S Utah~ Ida, ho
Falls for a ~ ~,I)ITIONAL bee
.- ...................... ~ ()VER 8J ol;e Fai t' g r'olin, t_ _ Road , u nub,)ht'~ -t ,.., i D.
Property is present;IN zoned Ag:'icultural.
Chair'man Kent I(earns opened the public hear~{, i'.oiO- flor!a,
reD:r'esen,~ I 1]~ Teton Con~lr;tn]icatmon,.s ~ ~99:'l~ a{h:)Wlal:K ]~an~ ~ ir~
Idaho ~ ~ ~ .r. , ..
baxls ~h~.~[ne,t tl~e commi:~sic, n:
They had just boq{l:t a tower tliat was ] 20' , self S~il_~port. ing
witt~ no {:ui. de ~,ires. It wo~lld have 2 or 3 microwa,e disLes
wi th several anLennas. The ma:.;hm.~m watts ~ou] d be 1t0 and
wo~tld be used for paging, poiic} system, mobile type systems,
otc .
They wo~l.d be Nuttin4 :it on the b.~ck of the 'property,
room for potential sales and service fa,_.ilitF at the
Tl,ero wou]d be a small l~tlilding beside the tower with
road leading2 iht. o i1 ~ of the present groulul made it. difficult
to get to in the winter. The tower wo~t].~] be ~d~a~'"'~.~hued
~ou]d be Roi'viced oli the average of once a month.
C}u~irmari "'-cc,,.:art~., as~,_ed' '" ~: fop any. t'estimonF ~or' ol ,agalnst' the
t-,r'oposa] lher'~- wa::; none and the public hearih~ was c.]o.,e ....
. .- e~,.~ with the colilmisslori their ~,~po'r't; of tlm
p'r'ot_,osed tower. The ,:ompreher, sive l_~]ai~ h~d designated 'this
8~If6t;i ~IS S-~ o'] e . ~: ~'~ 'i<~t[~ ~( '~'d ~
~.~l~ fam:i ] y reside~tt ial ~t~e -' .
weather tower ~:) he ?,uilt at tlu- othe:' end (:.~ ,_,,:is prope:r'ky-.
Use and
The Land Use Board discussed:
1 Type ~
· O ~. a C C e s s
2. Fence fez' buffering~ £uture optiohs
3. Size of !,uildihg and style. Hr. Hofia described the
building as 12 x 20 with wood posts, a metal skin type
covering in eitheu white or beige, and a gabled pi tel
There would be no lights en the tower
Gayla ' ~ -
~n~er:~c,n mov~d that we approve the insta.llation of a
r>~dio conununication tower along Fair,red, nd Noad with tile
exception that in the f~t~re we can req~ire a fence around it
if there ~s a safety hazard. }{Fl'ns Cain Seconded itl.
No~_, cai] vote: }i,.rna Cait~, .~es, oe,. v Poole, no,' }lary Harl,er,
yes; Kent I{earns, no; Pete Anderson, no; Gayla Anderson, 'yes.
It was a ~ ie vole.
Chairman I{earhs asked what the concerns of the commission
members, ~ho }~ad ~oLed no, were. These concerns were:
1. It doesn't comply with current comprehensive plan
2. Concert~ for the N-1 development already in the area
3. Future options left open to city concernin~ road and
landscaping requirements.
4. The exit off of the i~,terstate that is r,~'otz, osed to be
b u i 1 t.
Dean Funk, 1749 S. Fair~<ay of Caldwell Bankers Real Estate
explained that the c;urrent owner's of this property were
lookin~ at a possible truck stop near the freeway'; if the
freeway exit was put in.
Betty Poole moved to table this item until next meetihg to
a] Iow for more time to go over this pPoposal and make sure
that is what the ~zommission wants to do. }~ar}-Harker seconded
the motion. Ro]_l call vote: Hyrna Cain, no; Bettf. Pooles,
yes; }lary Harker, 'yea; Kent Kearns, yes; Pete Andersoh, no;
GaF] e Anderson,
Tl~e commissio~ ti~e~ discussed soil condition in the area.
Gait Anderson moved to grant this conditional use permit
s~lbject tog~'~ ,rt,~er~ review and ]_mpositions' of condition>, by
tl~is commission for fenci~g, landscaping and minimizatio~ of
dust problems wi. th better access, for the following probtem~:
Land Use and Development Commission
Page 3
}larch 5, 1992
TETON COHMUNICATION RADIO COMMUNICATION TOWER,
1. If a safety prohl'em develops that fencin~ may be req~ired.
2. If a dust problem develops from increased ac~ess the
commission may require some sort of all ~ea'ther road or a d~st
mini. mizer on that road.
3. If an aesthetic problem develops that con. id be so]_ved by
landscaping and/or fencing.
Mvrna. Caih seconded. Roll call] vote }~vrna
Peele~ yes; }lar.x Harker, yes; Kent Kearns, yes', Pete Anderson,
no Ga':-le Anderson, }-es.
~. AN APPLICATION 'BY R. A. ALBERS, 10250 Oaksh~.re Drive, Carmel, CA
93923, FOR A RNVIEW OF PRELIMINARY PLAT OF TYHEE ESTATES, a
subdivision located north of lyhee Road between }~oon~lo~{ and
Hi] ine Road.
Dean Wood re.joined the Commissio~.
Chairman Kearns asked for the city report. Steve Smart read
from the Idaho code t}~at allowed the city to re~Je~, all
plats situated within one mile of our citN limits. Our
subd ivisi on ordinance prevails over the
ordinances.
The public hear'i~g was opened.
Kent. Stratford, 1.].779 t{. Moonbeam asked abo~t% ~ett. in~ water
rights for such a large subdivision. You have to have
them before you can do a well.
Tim ShurtlJ ff, 4943 Redfish representing Tyhee Es!'ates told
the commission that 'there were 88 acres and they would be
divided into 2 and 1 acre lots. Then had Ft. Hall water
rights for irri~ation and would apply for a permit fop a t. el].
The 1st phase of' 40 acres would be divided into 23 lots.
The['e would be a central wa~er system, individual sewers and
county standa~.d paxed streets. They ~.anted to have the same
type of development as was already there.
There would be a 6" ~{ater line so the} could~¥~:ntda~..~}- hook
i:~ho the cil-v water system. They would have to have t~o
wells. One sou,.ce of ~ater foF every 2:5 units. No ce~t~-a]
sewer system was bein~ considered.
Land ',.:se and Developmeht Commission
Page 4
.March 5, 199~
Richard Nelson, 1~°3'~ Hoon~low, owns
o--a land in the area and
helped to build the. S & N subdivision, which will border th_ia
subdivision, lt. wo~tld be beneficial to hook up both water
sys? ems.
The power to tl~e lots would be overhead, because of the
expense for the ~ · -o'
.~ar'_~e lots to ~o under,round.
Chairman t{earns closed the public hearing and opened it. to
discussion by the staff. They disc'~ssed:
1. ~f 6" wa{eD ]_i~les were adequate to i~ook into the city water
lines.
s L:sin~ fire hydran[;s with the water system, ihe.} couldn',
be use because of the water pressure but tee, valve and bli~d
flange t~ou]_d be ~sed in place of the h}-drants.
3. Their road would tie into }Jannin~ L~ne in the 2nd phase.
Pete Anderson moved to recommend approval to the city- (-ounci]
of tl~e pr'eli, mi nary plat of the TFhee Estates witl~ the
following conditions.
1. That no c~rb and gutter be required nor sidewalks.
2. No fire h}-drants but i:>ro~ ision be provided for future
protect ioh.
3. Road~,ay be built: to county standards.
4. A suggestion that an investigation be done into a common
water system.
}l}'rna Cain seco~ded the motion. Roll call vote. .',..'" .... t m~ kain,
yes; Betty Poole, yes; }lary Harker, }-es; Kent KeaPns, yea;
Pete Anderson; Gayla Ander'so~, }-es; Deah Weed, yes.
GENERai BUSINESS:
Steve Smart asked for permission from the commission to hold
a public hearing oh an Idaho Standards Ordinance, that he was
putting together., for t}~e next meeting. The commissioh
ag Feed.
Chairman Ifearns with commission approval ask'ed to hold over
the discussion on a proposed ordinance to provide standards
for vehicle sales sites and for an ordinance to establ:ish the
ma>timum ratio of lot dept to lot width until the next meeting.
At 10:20 Pete Anderson moved to adjourn with Betty Poole
seconding .
~ Kear'ns, Chairman
M~~' '~-
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
March 5, 1992, upon the application of Teton Communications,
Inc. (hereinafter referred to as "applicant") for a conditional
use permit to install a radio communication tower on the real
property located along Fairground Road, Chubbuck, Idaho 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)
n pursuant to the Land Use Ordinance of the City of Chubbuck.
4. The property is designated as Single Family Residential
(R-1) 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 surrounding land is undeveloped.
B. The federal government may be putting a weather station
and possibly a tower in the immediate vicinity.
C. The National Guard Armory, Bannock County Fairgrounds
and interstate severely detract from the desirability as R-1,
Single Family Residential, and suggest it may develop in the
future as commercial.
D. In the rewrite of the comprehensive plan, now underway,
it is likely the land will be rezoned to commercial or some other
such use.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
chbbck03.121
0
E. Additional proposed improvements to Chubbuck Road
the possibility of interchange from Chubbuck Road to the
interstate make it even more likely this ground will develop
commercial in the future.
and
as
F. The proposed tower and building are not obtrusive and,
based upon applicant's testimony concerning a similar facility in
Rexburg, can be made harmonious with surrounding residential
developments if necessary.
G. Further conditions may be necessary regarding the
proposed use depending upon the future development and zoning in
the surrounding area.
H. At this time it appears the less attention that can be
drawn to the facility by conditions would be in the best interest
of applicant and the general public.
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/have not expressed
approval of the issuance of the requested conditional use permit.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
chbbck03.121
9. The requested conditional use permit, if granted,
should be maintained subject to the conditions set forth below.
1. The Land Use and Development Commission, pursuant to the
foregoing, finds that the request of the applicant should /
should not 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:
The Commission reserves the right to impose additionally
conditions in the future with respect to fencing, landscaping and
access as may be required by surrounding development and
development of this ground.
3. The conditional use permit requested by the Applicant is
granted, subject to the foregoing conditions.
DATED this day of 4y"A , 1992.
LAND USE AND DEVELOPMENT COMMISSION
By: S
_-,4hairlOn
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
chbbck03.121