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HomeMy WebLinkAbout009 10 92LAND USE AND DEVELOPMENT COMMISSION September 10, 1992 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal_ building September 10, 199'.. Present: Chairman Kent Kearns, Commission Members: Richard Pearson, Mary Harker, T. Kent Hill, Gayle Anderson; Council Representative LeRoy Quick, attorney Tom Holmes, public works director Steve Smart and Secretary Myrna Crapo. Chairman Bent Kearns called the meeting to order at 8:00 PM. Chairman Kearns asked for approval of the July 9, 1992 minutes. Richard Pearson moved to approve the minutes with Gayle Anderson 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 APPLICATIOv' BY JOE OSIER, 11010 W. HICKORY DRIVE, BOISE, ID FOR A CHANGE IN THE CITY'S COMPREHENSIVE PLAN AND A CHANGE OF LAND USE DISTRICT TO LIMITED RESIDENTIAL (R-2) with respect to a parcel of land 13.80 acres located near SE corner of Hawthorne ( 4700 block) and W. Chubbuck Road to the Canal. The property is currently zoned Agricultural (A). Chairman Kearns asked for additional information from the city staff. Steve Smart had previously provided for the commission a written staff report and reported that he didn't have any additional information. Chairman Kearns asked for comments from Joe Osier concerning his proposal. Joe Osier, 11010 W. Hickory Drive, Boise, ID addressed the commission on his proposal to develop this ground. He would be doing it in 2 or 3 phases with the first phase having about 15 lots. The economic aspect made it desirable to develop into residential rather then commercial. He is looking at breaking ground in the spring. Single family residential are planned. Attorney Tom Holmes informed the commission that the comprehensive plan can only be changed every 6 months and that we had made a change in July of this ,year. A commercial strip along Hawthorne would cause an economic hardship. The natural division exists with the canal. r-� Land Use and Development Commission Page 2 September 10, 1992 Joe]_ Edwards, 5075 Galena represented the L.D.S. Church spoke in support of this development. They would rather see residential instead of commercial.. Chairman Kearns closed the public input portion and put it back to the commission. The commission then discussed: 1. The comprehensive plan being worked on at the present time 2. Commercial use was available in other areas. 3. The canal would serve as a buffer between residential and commercial. 4. The houses would be compatible with the area. Mary Harker moved to recommend to the city council the change of land use district from Agricultural (A) to Residential (R- 2) to encompass the development of this new area; and to change the comprehensive plan in two month to meet the specifications of law. Gayle Anderson seconded Roll call vote: T. Kent Hill, yes; Mary Harker, yes; Richard Pearson, ,yes; Kent Kearns, yes; LeRoy Quick, yes; Gayle Anderson, yes. 2. AN APPLICATION BY RON DAVIS, 4862 VALENTY DRIVE, FOR A CONDITIONAL USE PERMIT (1) VEHICLE STORAGE SITE (2) TO ERECT A 8' FENCE AT 4862 VALENTY ROAD. Property- is presently zoned General Commercial (C-2) Chairman Kearns asked Steve Smart if he had any additional comments. Attorney Tom Holmes had requested that Mr. Davis ask for a conditional use permit. The fence is already up and the area is being used for the vehicle storage site. Wayne Davis, 4873 Valenty told the commission that he was leasing the property from his son Ron. There has been a mis- communication at first; they were putting up an 6' fence. Then they were informed they needed an 8' fence for a storage lot and then they were told that they needed a conditional use for an 8' fence. They will be using the storage site for up to 90 days and will only be doing salvage for their- business. After that time the vehicles will be taken somewhere else. Since building the fence they had experienced a lot of theft. The don't have a gate up yes. There being no public comments the hearing was closed. r� Land Use and Development Commission Page 3 September 10, 1992 WAYNE DAVIS CONDITIONAL USE CONTINUED The commission then discussed: 1. Control of weeds in the front of the fence 2. The fence was an improvement in the area. 3. 'weed to consider the restrictions that had been placed on Walley's Automotive previously. Richard Pearson moved to approve the conditional use permit for vehicle storage site and 8' fence to be erected with the following restrictions: 1. No salvage operations being done within that area 2. No stacking of vehicles above 8' fence 3. No concertina Wire 4. Weeds being taken care of at the front of property. T. Kent Hill seconded. Roll call vote: T. Kent Hill, yes; Mary Harker, yes; Richard Pearson, yes; Kent Kearns, yes; LeRoy Quick, ,yes; Gayle Anderson, yes. 3. AN APPLICATION BY ROBERT DOTY, 5049 WHITAKER RD. FOR CONDITIONAL USE PERMIT FOR AN ADDITION TO THE EXISTING MOBILE HOME PARK at 5049 Whitaker. Property is presently zoned Residential (R-2). Steve Smart reviewed the staff report and suggested that the commission might want to address the water and sewer as per the present ordinances. Mr. Robert Doty, 5049 Whitaker told the commission that the council in the late 60's approved these trailers with an additional 2 at a later date. The trailers are directly behind his home. The sewer is 17' deep and he has no problems with it. The back piece of his property is zoned light industrial. The water line is adequate to handle 2 more families. Mr. Doty plans to put in a new water line. Dennis Hanners, 5018 Whitaker was opposed to anymore trailers because the traffic is already heavy enough. Lori Harding, 5131 Whitaker opposed the increase traffic. She is within 300 feet and didn't receive a notice. She was concerned about increase traffic, increase noise. The area is a rural area and she would like to keep it that way. She has concerns about depreciation of houses, up keep of trailer parks, children playing noise, dust on road and would this n open the door to more trailers. Land Use and Development Commission Page 4 September 10, 1992 Connie Doty, 5049 Whitaker doesn't want any to add any more than 2 trailers. She didn't feel that any more trailers would add to the traffic. Tina Fisher, 5036 Whitaker told the commission that there is a sewer problem. There is noise from cars coming and going. Chairman Kearns closed the public hearing. The commission then discussed the following: 1. Class III trailers in this area would not be permitted under current ordinance. Class II are all that are allowed outside of trailer parks now. 2. Fire hazards with fast burning trailers 3. R-3 & R-4 zoning. 4. Challenging this decision in court 5. Grandfather rights, limiting it to only 6 trailers. 6. Need for additional trailer spaces - plenty of vacancies in existing trailers. 7. Adequate parking for the new trailers. 8. Development of a flag lot in relation to safety, fire, and police. 9. Placing of new trailers on west side of existing west tree line. 10. adequate spaces for this area. 11. Non -conforming use that can't be expanded. The commission or council not bound by the original action. Richard Pearson moved to grant a conditional use permit for the existing mobile home park at 5049 Whitaker with the following restrictions: (1) That only two more mobile homes be added; never to exceed a total of 6. (2) That those two mobile homes will have adequate parking. Gayle Anderson seconded the motion. Roll call vote: T. Kent Hill, no; 'Mary Harker, yes; Richard Pearson, yes; Kent Kearns, no; LeRoy Quick, yes; Gayle Anderson, yes. Land Use and Development Commission Page 5 September 10, 1992 DOTY TRAILER PARK CONTINUED Attorney Holmes informed Doty that this conditional use was not assignable or transferrable. Steve Smart told Mr. Doty that he needed to make sure he had the right water pressure when redoing his water line. GENERAL BUSINESS: 1. APPROVAL OF FINDINGS OF FACTS AND CONCLUSIONS OF LAW FOR, HANCOCK FAMILY INVESTMENTS and Jody Becker self storage units on 4400 Fairground Road. Richard Pearson moved with LeRoy Quick seconding to approve the findings of fact and conclusions of law. Roll call tote: T. Kent Hill, ,yes; '_Mary Harker, yes; Richard Pearson, yes; Kent Kearns, ,yes; LeRoy Quick, yes; Gayle Anderson, yes. 2. Review of Downtown Urban Improvement plan. The commission reviewed the changes made since the draft copy. Their has been a refinement of powers and authority for added flexibility. Mari- Harker moved to recommend adoption of the Chubbuck Development authority urban renewal plan to the city council_ as ;t is in compliance with the laws and regulations of the City of Chubbuck and the long term comprehensive plan. Richard Pearson seconded the motion. Roll call vote: T. Keit Hill, yes; Mary Harker, yes; Richard Pearson, yes; Bent Kearns, yes; LeRoy Quick, yes; Gayle Anderson, yes. 3. Discussion proposed ordinance to establish the MAXIMUM RATIO OR LOT DEPTH TO LOT WIDTH. The land use discussed: 1. 1:2 ration on residential and 1:4 on other 2. Off street parking needed for recreational vehicles 3. Commercial property has different needs 4. Longer lots can create problems when owners become older and loose interest in keeping it up. 5. The more homes we have the more revenue for the city The commission decided to table this until the next meeting and spend some time considering the information. ^ Land Use and Development Commission Page G September 10, 1992 4. DiSCLISsion of proposed landscape ordinance requiring trees with a caliper size of 2 or 2 1/2 inches. The cost comparison on the different size of trees was discussed by the commission. Mary Harker moved to recommend the adoption of an ordinance modifying the current requirements to 1" and 1 1/2". After additional discussion the commission decided to advertize for a public hearing in the November meeting. Chairman Kearns thanked Steve Smart for making available the "American Planning association" magazines and advised the commission to study- them. Richard Parson moved to adjourn at 10:30 pm with Mary seconding. Kent learns, Chairman Myrna rapo, Secr tart' 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 - September 10, 1992, upon the application of Ron Davis, (hereinafter referred to as "applicant") for a conditional use permit to put a vehicle storage site and an eight foot fence around it on the real property located at 4862 Valenty 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 C-2, General Commercial, pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as C-2, General Commercial, 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. Vehicle storage site and fence have been in place for some time. B. Site and fence appear to be kept up adequately. C. Site is used in connection with Applicant's work on automobiles. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 d9c chbbek10.147 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 n 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. The adverse impact of the proposed use on other development within the City has been minimized by Applicant as much as is reasonable possible. 8. Owners of adjacent property have not expressed approval or 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 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: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION . Page 2 dsc chbbck10.147 A. Keep fence maintained; B. Keep weeds down in storage site area; C. No salvage of vehicles; D. No concertina wire; E. No vehicles visible above fence line. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this S day of I��e,N.�e:a , 1992. LAND USE AND DEVELOPMENT COMMISSION By • /—r- --:aChairmdn FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dac chbbck10.147 CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter having come before the Land Use and Development Commission for public hearing pursuant to public notice as required by law, on September 10, 1992, upon the application of Joe Osier, (hereinafter referred to as "applicant") for a change in land use district for the real property described on Exhibit A hereto from A or Agricultural to R-2 or Limited 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 from A to R-2 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 is zoned A or Agricultural, pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as R-2 in the duly adopted Comprehensive Plan of the City of Chubbuck, however, the Commission has separately recommended such Plan be changed. 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 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. 9. The requested zone change is reasonable to provide orderly development of the City, and to promote economic values FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dec chbbck10.142 ^ 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. n 4. The requested change in Land Use District should be granted. n DECISION It is recommended that the application for a change in land use district to designate the land described on Exhibit A be granted by the City Council. DATED this -5� day of 1992. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dec chbbck10.142 Chairman, Land Use and Development Commission BERT MERRITT (Large Parcel) R. F. HAMILTON F. ASCE CARLJ. VOELLKR r. ASCE A parcel of land in the North I NW4NW4 Section 10, T.6S., R.34E., B.M., Bannock County, Idaho more particularly described as follows: Beginning at the Northwest corner of Section 10, T.6S., R.34E., B.M.; thence S 00151E along the West line of said Section 10, 170.00 feet to the TRUE POINT OF BEGINNING; thence continuing S 00151E along the West line of said Section 10, 491.80 feet to the South line of the North Z NW-1-KAOfsaid Section 10; thence S89 0161E along said South line 1,285.88 feet more or less to the centerline of the Redman Lateral; thence Northeasterly along the centerline of said Redman Lateral to the centerline of the Stuart Lateral; thence N410391W along the centerline of said Stuart Lateral, 886.23 feet, more or less, to the North line of said Section 10; thence N89211W along said North line 368.68'feet; thence S 00371E, 170.24 feet; thence N890191W, 335.92 feet, more or less, to the TRUE POINT OF BEGINNING and containing 13.80 acres, more or less. The above described property is bordered on the North by Chubbuck Road and on the West by the Hawthorne Road and includes the right—of.-sway to the centerline of said roads. Pocatello, Idaho Vicinity June 19, 1967 RND/ca o„Ks HAMILTON AND VOELLER CONSULTING ENGINEERS wo^pe AVCTURAL PHONE 23=-4631 POCATELLO, IDAHO 83201 MOVED TO 428 SO. MAIN ST. - P. O. SOX IS12 DESCRIPTION FOR BERT MERRITT (Large Parcel) R. F. HAMILTON F. ASCE CARLJ. VOELLKR r. ASCE A parcel of land in the North I NW4NW4 Section 10, T.6S., R.34E., B.M., Bannock County, Idaho more particularly described as follows: Beginning at the Northwest corner of Section 10, T.6S., R.34E., B.M.; thence S 00151E along the West line of said Section 10, 170.00 feet to the TRUE POINT OF BEGINNING; thence continuing S 00151E along the West line of said Section 10, 491.80 feet to the South line of the North Z NW-1-KAOfsaid Section 10; thence S89 0161E along said South line 1,285.88 feet more or less to the centerline of the Redman Lateral; thence Northeasterly along the centerline of said Redman Lateral to the centerline of the Stuart Lateral; thence N410391W along the centerline of said Stuart Lateral, 886.23 feet, more or less, to the North line of said Section 10; thence N89211W along said North line 368.68'feet; thence S 00371E, 170.24 feet; thence N890191W, 335.92 feet, more or less, to the TRUE POINT OF BEGINNING and containing 13.80 acres, more or less. The above described property is bordered on the North by Chubbuck Road and on the West by the Hawthorne Road and includes the right—of.-sway to the centerline of said roads. Pocatello, Idaho Vicinity June 19, 1967 RND/ca