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