HomeMy WebLinkAbout010 01 92LAND USU AND DEVELOPMENT COMMiSSiON
October 1, 1992
Minutes of the regular meeting of the Land Use and Development
Commission held in the city municipal building October 1,
1992.
Present: Chairman Kent Kearns, Commission Members: Mary Harker,
T. Kent Hill, Pete Anderson, Betty Poole; Council
Nepresentative David Landon, Attorney Tom Holmes, 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 September 10, 1992
minutes. Mary Harker moved to approve the minutes with T.
Kent Hill 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 HEANING
A PgOPOSAL BY AMERICAN HE~ITAGE, INC. BOX 2684, POCATELLO FOR
A CHANGE iN LAND USU DiSTRiCT UPON REVUES'rED ANNEXATION TO
SINGLE family residential (~-1} for property located on the
north end of Constitution and Independence.
Chairman Kearns asked for staff comments.
opened to public hearing.
The meeting was
Tim Shurtliff, 426 W. Lewis explained to the commission that
this application was following what had been done in the area.
There being no additional comments the public hearing was
closed and opened up to the commission members.
Pete Anderson recommended to the city council that the zoning
be ~-1 upon requested annexation of the property to the city.
Mary Harker seconded the motion with roll call vote: T. Kent
Hill, yes; Mary Harker, yes; Betty Poole, yes; Kent Kearns,
yes; Pete Anderson, yes; David Landon, yes.
An application by American Heritage, inc. for a review of a
preliminary pi_at of Heritage West No. 4 subdivision, a
subdivision located on a tract of land at the north end of
Constitution and independence.
Chairman Kearns opened the public hearing and asked for staff
comments. Gerd Dixon told the commission that this addition
will have a portion of the park.
Land Use and Development Commission
Page 2
October 1, 1992
The commission then discussed:
1. An error in the figuring of cash in lieu of park ground.
2. City desire to develop a one acre park instead of a three
acre park and use the money for a park on Yellowstone north of
city office.
3. Need for more baseball diamonds in the future.
4. Proposed park on Yellowstone
Mike Bird told the commission he liked the idea of a bigger
park in the subdivision. He doesn't want to put the money in
a park on Yellowstone
There being no additional comments, Chairman Kearns closed the
public hearing.
Pete Anderson made a motion to recommend to the city council
approval of the preliminary plat as presented and the
consideration of the future development of the subdivision as
it has been master planned. T. Kent Hill seconded the motion.
~oll call vote: T. Kent Hill, yes; Mary Harker, yes; Betty
Poole, yes; Kent Kearns, yes; Pete Anderson, yes; Dave Landon,
yes.
GENERAL BUSINESS:
]. Discussion of proposed ordinance to establish the maximum ratio
of lot depth to lot width.
The Commission then discussed:
1. Cars off the street for street sweeping & snow removal
2. Price of development taking care of this situation of over
sized lots.
3. Better utilization of land for city purposes
4. Possible ratio of 1: 2 1/2
5. Lots on the fringe of the city causing the problem
The commission decided to hold a public hearing on this item for
November.
Betty Poole moved to adjourn with Mary seconding. Meeting
adjourned at 8:45 pm.
-KEnt Kearns, Chairman
yrna UI~3po, Secretary~
CITY OF CHUBBUCK
LAND USE AND DEVELOPMENT COMMISSION
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
Heritage West No. 4
This matter having come before the Land Use and Development
Commission for public hearing pursuant to public notice as
required by law, on October 1, 1992, upon the application of
American Heritage, Inc., (hereinafter referred to as
"applicant") for a change in land use district for the real
property described on Exhibit A hereto from R-1 or Single Family
Residential, and the Land Use and Development 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 zone change upon requested
annexation to R-1 for the real property more particularly
described on Exhibit A hereto.
^ 2. All legal requirements for notice of public hearing have
been met.
3. The property in question lies outside of the city limits
but within the city's impact area pursuant to the Land Use
Ordinance of the City of Chubbuck.
4. The property is designated as R-1, Single Family
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 the Comprehensive Plan in
Sections B, B(5), B(6) and B(8) and in Idaho Code Sections
67-6502 and 67-6508.
6. The requested change in land use district is not in
conflict with the provisions of existing zoning regulations or
the duly adopted Comprehensive Plan of the City of Chubbuck.
7. The property in question is suitable for the proposed
land use district, and such uses would be compatible with
existing land uses in the area.
8. Owners of adjacent properties have expressed approval of
the proposed change in land use district.
FINDINGS OFFACT, CONCLUSIONS OF LAW AND DECISION - Page 1
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9. The requested zone change is reasonable to provide
orderly development of the City, and to promote economic values
and will not be detrimental to the public health, safety, and
welfare.
10. It is in the best interests of the public that the
proposed change in land use district be granted.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Chubbuck Land
Use and Development Commission hereby enters the following:
CONCLUSIONS OF LAW
1. The requirements of Idaho Code Section 67-6509(d) have
been met.
2. The proposed change in land use district is reasonable
and necessary to provide orderly development of the City, and to
promote economic values, and is not inconsistent with or
detrimental to the public health, safety, and welfare.
3. The proposed change in land use district is consistent
with the provisions of the Comprehensive Plan and Land Use
Ordinance of the City of Chubbuck and the Local Planning Act of
1975, as codified in Chapter 65 of Title 67 of the Idaho Code.
4. The requested change in Land Use District should be
granted.
DECISION
It is recommended that the application for a change in
land use district to designate the land described on Exhibit A
be granted upon annexation to R-1 by the City Council.
t f
DATED this 11
11 day of say\ , 1993 .
/-Z'z'L--�
Chai ,
Land Use and Development
Commission
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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DESCRIPTION FOR HERITAGE WEST
AREA FOR HERITAGE WEST NO. 4
A TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 4,
TO'.JNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION
4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN; THENCE
SOUTH 8951'04" EAST FOR A DISTANCE OF 1330.03 FEET TO THE
SOUTHWEST CORNER OF HERITAGE WEST NO. 1, A SUBDIVISION
RECORDED IN BANNOCK COUNTY AS INSTRUMENT 650187; THENCE
NORTH 00°24'38" WEST ALONG THE WEST BOUNDARIES OF HERITAGE
WEST NO. 1 AND HERITAGE WEST NO. 2 FOR A DISTANCE OF 1202.75
FEET TO THE NORTHWEST CORNER OF HERITAGE WEST NO. 2, A
SUBDIVISION RECORDED IN THE RECORDS OF BANNOCK COUNTY AS
INSTRUMENT 91008267, THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 00624'38" WEST FOR A DISTANCE OF 524.51
FEET; THENCE NORTH 89°35'22" EAST FOR A DISTANCE OF__
808.65 FEET TO AN INTERSECTION WITH THE WEST BOUNDARY OF
ALTURAS PARK, A SUBDIVISION RECORDED IN THE RECORDS OF
BANNOCK AS INSTRUMENT 556609; THENCE SOUTH 00013'40" EAST
ALONG THE WEST BOUNDARY OF ALTURAS PARK FOR A DISTANCE OF
423.01 FEET TO THE NORTHEAST CORNER OF HERITAGE WEST NO. 3,
A SUBDIVISION RECORD IN THE RECORDS OF BANNOCK COUNTY AS
INSTRUMENT 92007432; THENCE FOLLOWING THE NORTHERLY
BOUNDARY OF HERITAGE WEST NO. 3 FOR THE NEXT SEVEN (7)
n COURSES: (1) SOUTH 89046'20" WEST FOR A DISTANCE OF 51-08
FEET; THENCE (2) SOUTH 34056'20" WEST FOR A DISTANCE OF
70.00 FEET; THENCE (3) NORTH 55003'40" WEST FOR A
DISTANCE OF 160.00 FEET; THENCE. (4) SOUTH 34056'20" WEST
FOR A DISTANCE OF 51.95 FEET; THENCE (5) NORTH 55003'40"
WEST FOR A DISTANCE OF 110.00 FEET; THENCE (6) SOUTH
34°56'20" WEST FOR A DISTANCE OF 210.00 FEET; THENCE (7)
SOUTH 58°50'50" WEST FOR A DISTANCE OF 44.63 FEET TO THE
SOUTHEAST CORNER OF LOT 3 BLOCK 8 HERITAGE WEST NO. 2;
THENCE NORTH 19°51'02" ;BEST ALONG THE NORTHERLY BOUNDARY
OF HERITAGE WEST NO. 2 FOR A DISTANCE OF 37.84 FEET; THENCE
CONTINUING ALONG THE NORTH BOUNDARY OF HERITAGE WEST NO. 2,
SOUTH 8935'22" WEST FOR A DISTANCE OF 290.00 FEET TO THE
POINT OF BEGINNING.
COMPRISING 8.74 ACRES, MORE OR LESS.
FEBRUARY 10, 1993
JOB. NO. 92043
TS
Exhibit "A"