Loading...
HomeMy WebLinkAbout005 07 92 .. . . l' LAND USE AND DEVELOPMENT COMMISSION May 7, 1992 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building April 2, 1992. Present: Chairman Kent Kearns, Commission Members: Myrna Cain, Mary Harker, Betty Poole, Pete Anderson, Myrna Cain Council Representative Steven England, Attorney Tom Holmes, Public Works Director, 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 April 2, 1992 minutes. Myrna Cain moved to approved the minutes as mailed 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. There was none. PUBLIC HEARING 1. AN APPLICATION BY JIM WORTHEN, 730 E. CHUBBUCK ROAD, Chubbuck, Idaho for a review of preliminary plat of Worthen Subdivision, located west of 4868 and 4884 Johannsen Place. Steve Smart, informed the commission that the reserve strip held by Johansen was to protect their investment in the street. It goes in front of the property. A warranty deed will be given to the person when they pay for the reserve strip. This area was an illegal subdivision. The city needs to take each one as it comes in and create a subdivision plat. This is different from the usual subdivision plat. The public hearing was opened by Chairman Kearns. Ranae Worthen, 730 E. Chubbuck explained to the commission that they were sell ing hal f of the lot to pay the cost of improvements on the road. The lot is shaped so the buyers can have access to the paved portion of the street which is only paved half way down. Tim Shurtliff, 426 W. Lewis, the utilities are on Johannsen's side of the street. The public hearing was closed, and opened to the commission. .' . . ~ Land Use and Development Commission Page 2 May 6, 1992 Pete Anderson made a motion to recommend to the City Council approval of the Worthen Subdivision. Mary Harker seconded. Roll call vote: Myrna Cain, yes; Mary Harker, yes; Betty Poole, yes; Kent Kearns, yes; Pete Anderson, yes; Steven England, yes. 2. AN APPLICATION BY CITY OF CHUBBUCK, FOR A CONDITIONAL USE PERMIT TO PLACE ONE FREIGHT STORAGE SHED (Shipping container) between Pony and Bronco fields West by Concession Stand. Chairman Kearns asked for input structure is not in compliance section 18.12.030 A (3). from the city staff. This wi th the city code as per Chairman Kearns opened the public hearing. Charles Myers, 4646 Teton told the commission that he would like to see this type of building in a industrial zone. He felt that it would be more attractive to build an extension of the present building. Mr. Myers was concerned with setting a precedence. Gerd Dixon, 715 Victor felt it would appear as a piece meal addition and not be attractive to the park itself The public hearing was closed and opened to the commission. The following was discussed: 1. Setting a precedence. 2. Building a structure similar to what is there 3. This type of structure would reflect on the city and Cotant Park. 4. A band shelter being attached to a well built structure. 5. Need for a master plan for the whole park. 6. Being against the code. Pete Anderson moved to deny the conditional use permit based on the fact that it is against our ordinances. Betty Poole seconded the motion. Roll Call vote: Myrna Cain, yes; Mary Harker, yes; Betty Poole, yes; Kent Kearns, yes; Pete Anderson, yes; Steven England, yes. 3. A PROPOSAL BY THE CITY OF CHUBBUCK TO AMEND Chubbuck City Code to REQUIRE PARK contribution in lieu of dedication to sprinkler system, and an exterior fence. CHAPTER 17.16 of the LAND DEDICATION or include land, turf, .- . . . Land Use and Development Commission Page 3 May 7, 1992 The committee discussed: 1. The exterior fence paragraph on page 2 Department. along the street to City instead and changing 1st of City Buildin~ 2. Small parks being good for small children. Chairman Kearns opened the public hearing. Tim Shirtliff, 4943 Redfish, the city has a progressive park ordinance. It is good that all developers participate in donating to the parks. The comprehensive plan needs to designate small and large parks. There needs to be 5' paved walk-ways into the park with side access. The city needs to consider additional subdivisions when looking at a location for the park, and to plan for the whole area. Chairman Kearns closed the public hearing and opened it to commission discussion. The commission talked about: 1. The need to do an ordinance on design requirement for parks. Pete Anderson moved to recommend to the city council the adoption of the ordinances with the one correction; the deletion of city buildin~ department and inserting city. Mary Harker seconded the motion. Roll call vote: Myrna Cain, yes; Mary Harker, yes; Betty Poole, yes; Kent Kearns, yes; Pete Anderson, yes; Steven England, yes. 4. A PROPOSAL BY THE CITY OF CHUBBUCK TO ESTABLISH THE MAXIMUM RATIO OF LOT DEPTH TO LOT WIDTH. The public hearing was opened for public comment. There being none it was closed. The commission then discussed: 1. The County's requirements 2. Different ratios 3. Different requirements for residential & commercial. The commission tabled this item, so that more work could be done on the ordinance. 5. A PROPOSAL BY THE CITY OF CHUBBUCK TO PROVIDE STANDARDS FOR VEHICLE SALES SITES. ,1 ..~ .... ", . . Land Use and Development Commission Page 4 May 7, 1992 Chairman Kearns opened the public hearing. There being no comments the hearing was closed and opened to commission discussion. The commission discussed: 1. Having 10 instead of 5 years for compliance 2. Drainage of water Mary Harker proposed to recommend to the city council that the ordinance be stated as stands and that one adjustment be stated from 5 to 10 years; that we leave the option open to reasses this situation in the future as needed. Myrna Cain seconded. Roll call vote: Poole, yes; Kent England, yes. Myrna Cain, Kearns, yes; yes; Mary Harker, yes; Pete Anderson, yes; Betty Steven steven England moved to adjourn at 9: 30 PM with Mary Harker seconding. A-~ ~t K~ns, Chairman MY~~S~Y 01.N 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 May 7, 1992, upon the application of the City of Chubbuck, (hereinafter referred to as "applicant") for a conditional use permit to place one freight storage shed (shipping container) on the real property located at Cotant Park 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 R-2, limited n residential, pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as R-2, limited residential, 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. Chubbuck ordinances do not allow this type of structure in a residentially zoned area. B. This structure would detract from the appearance of the park. C. This structure and the proposed roof and columns is not cost effective; the City would be better served by building a legitimate structure to start with that would be legal under the ordinances. D. Neighbors oppose opening the door for this type of n structure in other residential areas. E. The City is bound by the same laws and rules as others. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 chbbck05.122 -�A1K7 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 be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought will produce an adverse impact on the economic values of adjacent properties. 3. The use for which the permit is sought shall 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. 4. The aesthetic qualities of the proposed use will conflict with aesthetic qualities of the surrounding lands. 5. The adverse impact of the proposed use on other development within the City has not been minimized by Applicant as much as is reasonably possible. +� 6. Owners of adjacent property have not expressed approval of the issuance of the requested conditional use permit. 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 '-7 day of May, 1992. LAND USE AND DEVELOPMENT COMMISSION By: S -9611-irmerlf- FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 chbbck05.122