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.
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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