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HomeMy WebLinkAbout011 05 92LAND USE AND DEVELOPMENT COMMISSION November 5, 1992 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building November 5, 1992. Present: Chairman Kent Kearns, Commission Members: Richard Pearson, Mary Harker, Gayle Anderson, Betty Poole, Pete Anderson, Myrna Cain, Council Representative David bandon, 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 October 1, 1992 minutes· Myrna Gain moved to approve the minutes with Betty Poole seconding. Ail 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 AN APPLiCATiON BY MELVIN W. JACKSON, 5101 WHITAKER ROAD, FOR A CONDITIONAL USE PERMIT TO PLACE 2 RAILROAD ~'REIGH'I' CARS AT 5101 Whitaker Road. The Property is presently zoned industrial A staff report was given by Gerd Dixon. He informed the commission that 500 feet from the tracts toward Whitaker Road is zoned industrial. Chairman Kearns opened the public hearing. Mr. Melvin Jackson, 5101Whitaker Road told the commission that there are income property on both sides of him ( 4 family apartment building and a 6 family-house and single wide mobile home park). He would like to protect his valuable antiques from possible theft. Mr. Jackson wants something fire proof, strong and can have a paddle lock on it. There is ample room with trees on both sides of that property. Paul Benedict, 4955 Whitaker Road, does not want box cars there because of the appearance. Even painted box cars are ugly. Connie Doty, 5049 Whitaker Road doesn't like them and doesn't want them next door. Chairman Kearns closed the testimony portion of the public hearing. Land Use and Development Commission Page 3 November 5, 1992 Pete Anderson seconded the motion· Roll call vote. Myrna cain, yes; Betty Poole, no; Richard Pearson, no; Kent Kearns, yes; Mary Harker, yes; David Landon, yes; Gayle Anderson, yes; Pete Anderson, yes. A PROPOSAL BY THE CiTY Ob' CHUBBUCK TO ESTABLISH THE MAXIMUM RATIO OF LOT DEPTH TO LOT WIDTH. Chairman Kearns opened the public hearing, there being no testimony the hearing was closed. The commission discussed the various ways to have the lot ration: 1. Using a minimum of 1 to 1 and a maximum of 3 to 1. 2. Variances of larger rations on hill side property and irregular lots. 3. The problems we might face with flag lots 4. Having a two to one ratio in R-1 and R-2 5. Any lot over 1/2 or 1 acres must conform to minimum ratios 6. Multiple housing in R-3 being 3 to 1 lot ratio 7. 1/4 acre lots having any size ratios. Pete Anderson moved that we recommend to the city council that we adopt this ordinance with the following modifications il) that 1/4 acre or smaller lots be unlimited as far as lot ration requirements and (2) that lots over 1/4 acre have a ratio of 2 to 1 with a variance that the city can work with the developer on irregularly shaped pieces of property or hillside property or property that has unusual conditions, easements, right of ways, whatever drainage problems that they can be increased to whatever ratio is necessary to develop a lot for R-1 and R-2. Mary Harker seconded the motion. Roll call vote: Myrna Cain, yes, Betty Poole, yes; Richard Pearson, yes; Kent Kearns, yes; Mary Harker, yes; Dave bandon, yes; Gayle Anderson, no; Pete Anderson, yes. j A PROPOSAL BY THE CiTY OF CHUBBUCK TO AMEND CHAPTER 18.14.020(C} 'fO REDUCE THE SIZE O~'TREES GROWING ~'ROM TWO TO TWO AND one-half inches to one and one-half inches. The public hearing was opened and, there being no one present, closed. The commission discussed: 1. The need for trees established. to be protected while getting 2. Using guidelines put out by the association of nursery men. Land Use and Development Commission Page 2 November 5, 1992 The commission then discussed: 3 4 5 6 The foundation that they are to sit upon Building a comparable shed at the same cost. No one being able to see the buildings from Whitaker Road Previous problems with box cars in the city. Supplemental controls that can be put upon it. Siding of the railroad cars. The cost of the railroad cars and moving them in and putting them on a foundation. 8. Setting a precedence of allowing them in the city. 9. Non transferrable conditional use 10 'faking out of current ordinance box cars being allowed in the city anywhere. Richard Pearson moved that we deny the conditional use permit to place two railroad freight cars at 5101Whitaker Road. The motion died for lack of a second. Mary Harker moved that we table this particular issue until our next meeting to give us extra time to look at the property more carefully and to cool tempers. The motion died for lack of a second. The commission then discussed. 1. The definitions of siding and how it was to be put on 2. Justifiable reasons for denying the application 3. The possible future development along the back side of these lots. 4. The reason this property is zoned industrial 5. The restrictions that needed to be put on this application David Landon moved that we accept the box cars on Mr. Jackson's property that they are: (1) on a cement foundation (2) that they are 2 x 2 outside framed (3) that they are sided with a like unto quality siding used on houses today or better (4) that the weeds around the box cars are kept away (5) that the box car siding is maintained in a manner of a living residence (6) that the frame has entrance doors in them that the box car door is not visible but he use some kind of big door the same size as the box car that would coincide with the buildings that you see around with those kind of doors (metal sliding door or whatever it is) (8) That they be put where he has them on his so called plat (9) that they be removed once they are ceased to be used for storage (10) and Land Use and Development Commission Page 4 November 5, 1992 Mary Harker moved to accept the proposed amendment to chapter 18.14.020(C) of the chubbuck city code to reduce the size of trees growing from two to two and one-half inches to one to one and one-half inches and to require that these trees be planted according to standardized professional nursery guidelines. Dave Landon seconded the motion. Roll call vote: Myrna Cain, yes; Betty Poole, yes; Richard Pearson, yes; Kent Kearns, yes; Mary Harker, yes; Dave bandon, yes; Gayle Anderson, yes; Pete Anderson, yes. GENERAL BUSINESS: 1. Approval of the finding of facts and conclusions of law for Ron Davies. Chairman Kearns pointed out that #D on the last page where it reads "Vehicles cannot be started" should read "No concertina wire". Dave bandon Moved to amend the finding of facts and conclusions of law item D "Vehicles cannot be started" to read "No concertina wire". Richard Pearson seconded the motion. Roll call vote: Myrna Cain, yes; Betty Poole, yes: Richard Pearson, yes; Kent Kearns, yes; Mary Harker, yes; David bandon, yes; Gayle Anderson, yes; Pete Anderson, yes. Approval of the finding of facts and conclusions of law for Joe Osier. Pete Anderson moved to accept the finding of facts and conclusions of law with Mary Harker seconding. Roll Call vote: Myrna Cain, yes; Betty Poole, yes; Richard Pearson, yes; Kent Kearns, yes; Mary Harker, yes; Gayle Anderson, yes; Pete Anderson, yes. The commission then discussed railroad cars used as storage in the city. The adjourned at 10:00 PM. .-q%ent-~'earns, Chairman My~a~Crapo, S e c~e~t ary 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 November 5, 1992, upon the application of Melvin W. Jackson, (hereinafter referred to as "applicant") for a conditional use permit to place two railroad freight cars on the real property located at 5101 Whitaker 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 Industrial pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as Industrial 500 feet back from the railroad tracks 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. Applicant would like strong, fire -proof storage units that can be padlocked in order to protect antiques from theft. B. Applicant plans to plant trees around the box cars. C. Certain of the neighbors oppose the application, primarily on the grounds of appearance. D. Allowing more box cars into the City could set a precedent for future applications. E. Placement of conditions for modification of the exterior n appearance of the box cars could mitigate their impact. F. Alternative types of construction may be as cost FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 chbbckl1.242 s n effective. 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, with the conditions set forth below, be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought will not, with the conditions set forth below, produce an adverse impact on the economic values of adjacent properties. 3. The permit sought will not, with the conditions set forth below, 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 existing does not, indicate that the permit should be denied. n 5. The use for which the permit is sought shall not, with the conditions set forth below, 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, with the conditions set forth below, conflict with aesthetic qualities of the surrounding lands. 7. The adverse impact of the proposed use on other development within the City will be, with the conditions set forth below, minimized by Applicant as much as is reasonably possible. 8. Some owners of adjacent property have expressed disapproval of the issuance of the requested conditional use permit. 9. 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 chbbck11.242 f-. approved. 2. The following conditions 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. The box cars must be placed on a cement foundation. B. The cars must have a minimum 2 x 2 outside frame. C. The cars must be sided with a quality siding like that used on houses today or better. D. The weeds around the box cars must be kept away. E. The box car siding must be maintained in a manner of a living residence. F. The frame must have entrance -type doors. G. The original box car door must not be visible but some type of large door the same size as the box car door must be used. This door would be similar to those in similar buildings around with those kind of doors (metal sliding door or whatever it is) . H. The box cars must be placed in the location depicted on the applicant's "plat" which accompanied the application. I. The box cars be removed once they are no longer used for storage. J. The conditional use permit is not assignable or transferable and does not run with the land. It will not transfer to his children or any body that buys the property; it is a conditional use permit to him only. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this -7 day of .�ca•�.�.o.uz�., , 1993. LAND USE AND DEVELOPMENT COMMISSION By: /--i- 4- Chakfman FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 chbbck11.242