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HomeMy WebLinkAbout007 05 90LAND USE AND DEVELOPMENT COMMISSION July 5, 1990 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building July 5, 1990. Present: Acting Chairman Pete Anderson, Commission Members: Kent Kearns, Richard Pearson, Nyrna Cain, Council representative Dean Wood, Project Engineer Gerd Dixon, Attorney Tom Holmes, and Secretary Nyrna Crapo. Meeting called to order by Chairman Pete Anderson at 8:00 pm. Chairman Pete Anderson asked for corrections or additions to the minutes of the June 12, 1990 meeting. There being none Kent Kearns moved to approved the minutes as mailed. With Myrna Cain seconding. All commission members voted in favor. PUBIC HEARING: A PROPOSAL BY DENNIS & JANET ROGERS, 4848 TRENT, FOR A CONDITIONAL USE PERMIT TO OPERATE A BAR at 4708 Yellowstone, property is presently zoned General Commercial (C-2). Chairman Pete Anderson asked for comments from the city staff. Gerd Dixon, project engineer, explained to the commission the present usage of the adjoining land. Janet Rogers, 4845 Trent addressed the commission and explained that the reason for operating a bar was because of the expertise that she had in this business. She told the commission that they planned on having a green belt that would surround the area. The bar is to be located in the middle of the property to help keep down the noise for the neighbors. The commission then asked Mrs. Rogers about the age group they would be targeting. Mrs. Rogers informed the commission that they were targeting married couples and that the building would be frame with steel siding. Chairman Anderson opened the public hearing. Mary Byington, 225 E. Chubbuck felt that Chubbuck did not need another bar. She wanted to know if there would be a fence around the property to stop drunks from coming up the canal. Chairman Pete Anderson closed the public hearing and opened it to discussion by the commission. The commission then discussed the green area required by City ordinance. Land Use and Development July 5, 1990 Page 2 DENNIS SROGERS CONDITIONAL USE PERMIT (CONT'D) Kent Kearns made a motion to grant the conditional use permit to Dennis and Janet Rogers for the property located at 4708 Yellowstone Highway on the basis that 1: it is required to obtain a conditional use permit pursuant to Section 18.28.040 and 2: that because of this public hearing and the forgoing process that it be allowed under 18.28.040b so long as all commercial lot design and layout meets with current city code. Myrna Cain seconded the motion. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Kent Kearns, yes; Richard Pearson, Abstain; Dean Wood, yes. a PROPOSAL BY ZANE C. HALL, 1800 SEQUOIA DR., IDAHO FALLS FOR A CONDITIONAL USE TO KEEP ANIMALS AT 157 E. Chubbuck Road. The property is presently zoned C-2, General Commercial. Chairman Pete Anderson asked for a report from the city staff. Gerd Dixon reported on the current zoning and showed the location of the property. Attorney Tom Holmes explained the reason for this public hearing item. The commission then reviewed the previous public hearing on the keeping of animals on this piece of property. Zane Hall, 1800 Sequoia, Idaho Falls, reviewed the past history of the work that he had done to clean up the property. He is trying to keep the property presentable and wants it to look nice. He is desirous to solve this problem. The commission discussed: 1. The number of horses needed to keep the weeds down. Chairman Anderson read a letter from some concerned citizens in opposition to the animals and it was entered into the record· The public hearing was opened. Land Use and Development July 5, 1990 Page 3 ZANE HALL CONDITIONAL USE PERMIT (CONTINUED) Ann Evans, 146 E. Chubbuck explained what they had done to improve the grounds. Flies and order have been a problem, but this summer that problem was gone. There have been no horses on the ground. The weeds are growing up on the property again and there are several large piles of branches stacked there. John Valenty, 4803 Valenty Road, felt that the property should be taken care of by Mr. Hall and not by animals. Attorney Tom Holmes explained to Mr. Valenty that the grandfather rights were a non issue at this point. The commission discussed with Mr. Valenty his feelings on having the fence back 150 feet and the front mowed. The animals would be located in the back of the property. Mrs. Mary Byington, 225 E. Chubbuck told the commission that Mr. Green has animals back by her home and they were not taken care of. (These horses are not on Mr. Hall's property.) Their home has lots of flies caused by the horses kept in the corral and being used as a feed lot. Chairman Pete Anderson closed the public hearing. Mr. Hall suggested that: 1. The conditional use permit not be granted until the required conditions are met. 2. To limit the number of horses to six 3. Keep the front half mowed 4. Water near the middle of the property Mr. Green has been using the pasture at no cost, and there were no animals there now. Animals had been on that property for many years. The meeting was opened to discussion by the commission and they discussed the following: 1. Neighborhood problems 2. Feeding and watering of animals by Chubbuck Road 3. Mr. Hall's willingness to help Planning and zoning July 5, 1990 Page 4 ZANE HALL CONDITIONAL USE (CONT'D) Kent Kearns made a motion to grant the conditional use permit to keep animals at 157 E. Chubbuck Road pursuant to conditional use permits as granted under 18.01.040 with the following restrictions. 1. That the frontage from East Chubbuck Road back into the property be 150 feet and that a fence be built at that location with pasture grass planted in the front 150 feet and that this area be kept mowed. 2. There is a noticeable and continuing effort by Mr. Hall to clean up the remaining dead branches, trees, weeds, etc. 3. That they move the water trough at least to the half way point of the property or mid way and that all feeding be moved to that area. 4. That no animals be allowed on the property before any of the previous four conditions have been met. 5. That animals only be allowed in there from the time frame of May 15th to Sept. 15th 6. That the conditions be reviewed by the commission on an annual basis or by complaint from a neighbor 7. Six horse is the maximum number Dear Wood seconded the motion. Mr. Hall pointed out the problems with growing grass in the front section. Kent Kearns amended the motion (1) to not allow any supplementary feeding other than salt block on the property; and (2) to amend condition #1 by deleting "with pasture grass planted in the front 150 feet" Dean Wood seconded the amendments to the motion. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Kent Kearns, yes; Richard Pearson, yes; Dean Wood, yes. A PROPOSAL BY THE CITY OF CHUBBUCK TO AMEND THE CHUBBUCK LAND USE ORDINANCE TO REQUIRE LANDSCAPED AREAS TO BE KEPT ALIVE AND FREE OF WEEDS, to require sprinkler, irrigation systems, and to require dead materials to be removed by June 30th of the following growing season. Land Use and Development July 5, 1990 Page 5 TO REQUIRE LANDSCAPED AREAS BE KEPT ALIVE (CONT'D) Attorney Tom Holmes explained the changes made on this ordinance. The commission then discussed this ordinance. Kent Kearns moved to recommend the amendment to Section 18.14.020 (B) Municipal Code to the city council. passage of this of the Chubbuck Myrna Cain seconded the motion. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Kent Kearns, yes; Richard Pearson, yes; Dean Wood, yes. A PROPOSAL BY THE CITY OF CHUBBUCK TO AMEND THE CHUBBUCK LAND USE ORDINANCE TO DEFINE ADULT BUSINESS, includes businesses which sell sexual or obscene material. Chairman Pete Anderson opened the public hearing. There being none, he then closed the public hearing. Kent Kearns moved that the commission recommend to the City Council that they pass the ordinance defining adult businesses and zoning of such. Myrna Cain seconded the motion. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Kent Kearns, yes; Richard Pearson, yes; Dean Wood, yes. GENERAL BUSINESS: DISCUSSION ON A PROPOSED ORDINANCE TO DEFINE SELF-SERVICE STORAGE FACILITIES in the schedule of land use controls. Attorney Tom Holmes told the commission that he hadn't been able to get the information from Sandy, Utah for this ordinance. Myrna Cain moved to table this item until the next land use meeting. Kent Kearns seconded the motion. All voted in favor. DISCUSSION ON A PROPOSED ORDINANCE TO AMEND SECTION 16.12.040 OF THE CHUBBUCK CODE TO CONFORM WITH THE SIGHT TRIANGLE PROVISIONS of Chubbuck code section 18.17.020 (a). The commission discussed this proposed ordinance. Land Use and Development Commission July 5, 1990 Page 6 SIGHT TRIANGLE PROVISION ORDINANCE (CONT'D) Kent Kearns moved to prepare this change in the ordinance for the public hearing process for the next Land Use and Development Meeting. Nyrna Cain seconded the motion. All voted in favor. Kent Kearns moved to adjourn at 9:30 p.m~ Myrna Cain seconded All~i ng C~i'r~an~ ~ete Anderson Nyrna ~apo, Secretary n 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 July 5, 1990, upon the application of Dennis and Janet Rogers, (hereinafter referred to as "applicant") for a conditional use permit to operate a liquor bar on the real property located at 4708 Yellowstone, Chubbuck, Idaho 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. The bar would go in an area formerly occupied by mobile home sales lot. B. The area is zoned commercial. C. The number of bars allowed in Chubbuck under state law is under the maximum so a liquor license would be allowed under state law if all of the conditions were met. D. Applicant has indicated a willingness to landscape more than that required by current city ordinance. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck08.024 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 10-111 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/will not conflict with aesthetic qualities of the surrounding lands. 7. Owners of adjacent property have not expressed approval of the issuance of the requested conditional use permit. 8. 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: The commercial lot design and layout comply with current city ordinance. n 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck08.024 C DATED this day of 1 1990. LAND USE AND DEVE ENT COMMISSION By: airman FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck08.024 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 July 5, 1990, upon the application of Zane Hall (hereinafter referred to as "applicant") for a conditional use permit to keep animals on the real property located at 157 E. Chubbuck Road, Chubbuck, Idaho, 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 n 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. This matter has been before the Land Use Commission previously at which time a Condition Use Permit was granted but such decision was reversed by the Chubbuck City Council. B. The applicant indicates a willingness to work with the City and the neighbors to keep the property clean, make it presentable and have it look nice. C. Applicant expresses a desire to get this problem solved. D. The property is very rough in portions making it n difficult to mow or keep up with equipment. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck08.025 E. Weeds continue to grow on the property and need to be kept down pursuant to Chubbuck City Ordinance. F. Flies, odor and standing water have been a problem in the past upon the property. G. Mr. Hall indicates a willingness to fence the front part of the property back 150 feet to keep animals off of the front part so they can keep the weeds down in the back and then keep the weeds down by mowing the front. 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 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. Owners of adjacent property have/have not expressed approval of the issuance of the requested conditional use permit. 8. 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck08.025 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: A. The frontage from the East Chubbuck Road back into the property be 150 feet and that a fence be built at that location and that this area be kept mowed. B. There be a noticeable and continuing effort by Mr. Hall to clean up the remaining dead branches, trees, weeds, etc. C. The water trough be moved at least to the half way point of the property.or midway and that all feeding be moved to that area. D. No animals be allowed on the property before any of the previous conditions have been met. E. That animals only be allowed on the property from May 15 to September 15. F. That the conditions be reviewed by the commission on an annual basis or by complaint from a neighbor. G. Six horses are the maximum number of animals allowed. H. No. supplementary feeding such as hay be done on the property other than salt block. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing condi 'ons. I DATED this Lill day of /i622 1990. LAND USE AND DEVELOPMENT COMMISSION By: hairman FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck08.025