HomeMy WebLinkAbout003 01 90LAND U~E ~N:] DEVELOPMENT COMMISSION
March 1, 1990
Minutes of ~h6 regular meeting of the Land Use and Development
Commission held in the city municipal building March 1, 1990.
Present: Chairwoman Sue Parrish, Commission Members: Kent Kearns,
Pete Anderson, Jerry Tydeman, Richard Pearson, Myrna Cain;
Engineer Steve Smart, Project Engineer Gerd Dixon, Attorney
Tom Holmes, Secretary Myrna Crapo.
Meeting called to order by Chairman Sue Parrish at 8-00 pm.
Chairwoman Sue Parrish asked for corrections or additions to the
minutes of February 1, 1990. There being none, Myrna Cain
moved to approve the minutes of the February 1, 1990 meeting
as written with Kent Kearns seconding. All commission members
voted in favor.
PUBLIC HEARING-
A PROPOSAL BY DENNIS GAIL ROGERS, 4845 TRENT, FOR A
CONDITIONAL USE PERMIT TO OPERATE A LIQUOR BAR at 212 E.
Chubbuck Road. Property is presently zoned General
Commercial (C-2).
Chairwomen Sue Parrish opened the public hearing.
Janet Rogers, 4845 Trent explained to the commission why
they were requesting a bar at 212 E. Chubbuck.
1. They would like to keep businesses in Chubbuck
2. The location would allow easy access to the bar
3. It would be a clean business with a few problems as
possible.
4. There would be an entrance, exit and designated
parking.
5. The building had been empty for two years and there
was signs of people staying in the building.
6. They were waiting for approval from this meeting
before they had architectural plans drawn.
7. Their cliental would be middle aged married couples
8. They were looking at a capacity of 110
9. There would be a band on week-ends; and men and women
pool tournaments and dart tournaments.
10. They had applied for their liquor license
Connie Howell, 224 E. Chubbuck who lived next door to the
bar was opposed to the bar next to her home. She felt
that with the traffic already bad it would make it even
worse.
LAND USE AND DEVELOPMENT MINUTES
PAGE 2
March 1, 1990
Mary Byington, 225 E. Chubbuck Road was also opposed to
the bar. She felt that it would change their lifestyle
forcing them to lock up things and not let their children
sleep outside in the Summer. She also expressed concern
about their property depreciating.
Venna McCallum, 223 E. Chubbuck was opposed to the bar.
She felt that the traffic would increase.
A letter from James L. Humble, 230 E. Chubbuck, was read
into the record. Mr. Humble was opposed to the bar
because of traffic and noise.
Chairwoman Sue Parrish closed the public hearing.
The meeting was then opened up to the commission for
discussion. They then discussed-
1. The condition of the building.
2. Traffic Flow on East Chubbuck Road
3. Parking lot being paved.
Kent Kearns put a motion on the floor that we grant the
conditional use oermit to operate a liquor bar at 212 E.
Chubbuck road as allowed and defined under Chubbuck code
18.28.040 as it is not a conflict use of the land.
The motion died for lack of a second.
The commission then discussed the screening of the bar
from the neighbors on the east.
Pete Anderson made a motion that we grant the conditional
use with the following conditions, That the parking on
the east side of the property from the rear building line
towards Chubbuck Road be eliminated and replaced with a
solid 8' fence of the owners choosing and that a planting
strip of a minimum of 10' wide be placed along there with
trees and scrubs. Kent Kearn seconded the motion.
Roll Call vote- Myrna Cain, yes; Jerry Tydeman, yes;
Pete Anderson, yes; Sue Parrish, yes; Kent Kearns, yes;
Richard Pearson, no.
LAND USE AND DEVELOPMENT COMMISSION
PAGE 3
March 1, 1990
REVIEW OF PRELIMINARY PLAT OF THE CHURCH OF JESUS CHRIST
OF LATTER DAY SAINTS, A SUBDIVISION located on a tract
of land in the west 1/2 section 34, township 5 south,
range 34 East, lying immediately north of Paradise acres
subdivision, along the west side of Yellowstone.
Chairwoman Sue Parrish opened the public hearing for all
three items.
Ken Satterfield, 12256 N. Hiline, explained the plans to
build Bringhurst Street up to and including the
intersection of Eden Street. It included the right of
way and roadway easement parallel to Yellowstone for a
frontage road. The church would be built on lot 1.
Gene Galloway, P.O Box 2738 wanted to know if Yellowstone
would become a four lane highway and if Bringhurst street
being extended would affect his lots in Paradise Acres.
Gall Anderson, 12527 Yellowstone, would like to see a
fence across the north boundary to the canal to stop kids
from going through his place.
Marlene Long, 12501 N. Yellowstone is the owner of the
proposed property and could see no reason for a fence to
the canal.
Richard Long, 12501 N. Yellowstone helped put the
original fence on the property. The fence and the road
has not been a problem.
The commission then discussed-
1. Wasteway being left opened
2. Extension of Eden in the future
3. Putting fence with a gate on it at the east end by the
canal.
4. Using high back curb instead of a fence
5. Planting the strip to the canal
6. Having a access road parallel to Yellowstone
7. Need for an access fence
8. Taking the road easement off of the preliminary plat
Chairwoman Sue Parrish closed the public hearing.
Pete Anderson moved that we recommend to the city council
the approval of the preliminary plat for the Bringhurst
Subdivision with the condition that the road easement in
lot 2 be eliminated if it is not a recorded road easement
at this time.
PLANNING AND ZONING
PAGE 4
MARCH 1, 1990
Richard Pearson seconded. Roll call vote. Myrna Cain,
yes; Jerry Tydeman, yes; Pete Anderson, yes; Sue Parrish,
yes; Kent Kearns, yes; Richard Pearson, yes.
A PROPOSAL BY THE CHURCH OF JESUS CHRIST OF LATTER DAY
SAINTS FOR A CHANGE IN LAND USE DISTRICT upon requested
annexation to Limited Residential (R-2) for property in
the west 1/2 section of township 5 south, range 34 east,
lying immediately north of Paradise Acres Subdivision
along the west side of Yellowstone
Kent Kearns put a motion on the floor that upon
annexation to the City of Chubbuck the proposed property
be zoned R-2 as in compliance with the comprehensive
plan.
Pete Anderson seconded. Roll call vote- Myrna Cain, yes;
Jerry Tydeman, yes; Pete Anderson, yes; Sue Parrish, yes;
Kent Kearns, yes; Richard Pearson, Yes.
A PROPOSAL BY THE CHURCH OF JESUS CHRIST OF LATTER DAY
SAINTS, FOR A CONDITIONAL USE PERMIT TO BUILD A CHURCH
on a tract of land in the west 1/2 section 34, township
5 south, range 34 east, lying immediately north of
Paradise Acres subdivision on the west side of
Yellowstone.
Pete Anderson moved that we grant the conditional use
with the conditions that (1) The fence on the north
property line be extended the full length of the church
property to the canal (2) that the 90' strip between the
canal and the church property be landscaped in the same
manner as the church property.
Kent Kearns seconded the motion.
Jerry Tydeman expressed concern for the safety of the
children around the canal. He put forth an amendment to
the motion: To stipulate that a 3' chain link fence be
placed on the east side of that property along the dotted
line on this plot plan which is the west easement of the
fort hall irrigation. A single line of fencing from
Bringhurst street and ending at the north property line.
Amendment died for lack of a second.
PLANNING AND ZONING MINUTES
PAGE 5
MARCH 1, 1990
A roll call vote on the original motion- Myrna Cain,
yes; Jerry Tydeman, yes; Pete Anderson, yes; Sue Parrish,
yes; Kent Kearns, yes; Richard Pearson, yes.
Kent K earns moved to adjourn at 10:00 Pm ~e~~ded.
Sue Parrish, Chairwoman
My na Crapo, Secretar~
CITY OF CHUBBUCK
LAND USE AND DEVELOPMENT COMMISSION
FINDINGS OF FACT CONCLUSIONS OF LAW AX12 DECISION
This matter having come before the Commission for public
hearing pursuant to public notice as required by law, on March 1,
199030, upon the application of Dennis Gail Rogers (hereinafter
referred to as 'applicant") for a conditional use permit to
operate a liquor bar on the real property located at 212 E.
Chubbuck 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 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 proposes to operate a bar catering to a
middle aged crowd.
B. Applicant would probably have a band on weekends.
C. The property has a large area that could be used for
parking and additional area in back of the premises could be used
for parking if a different arrangement than proposed by applicant
was necessary.
D. One residence is immediately adjacent to the property
on the east with other residences continuing on down Chubbuck
Road.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
chbbck03.092
BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and
Development Commission hereby enters the following:
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, if the conditions imposed below
are followed.
2. The permit sought will not produce an adverse impact on
the economic values of adjacent properties, if the conditions
imposed below are followed.
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
n 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, so long as the conditions imposed
below are followed.
6. The aesthetic qualities of the proposed use will not
conflict with aesthetic qualities of the surrounding lands, so
long as the conditions imposed below are followed.
7. The adverse impact of the proposed use on other
development within the City will be minimized by Applicant as
much as is reasonably possible, so long as the conditions imposed
below are followed.
8. 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.
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,
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
chbbck03.092
by taking advantage of said conditional use permit agrees to the
imposition of the same:
A. The parking on the east side of the Premises from the
rear of the building line towards Chubbuck Road shall be
eliminated from applicant's plan and replaced by an eight foot
solid fence with an additional planting strip a minimum of 10
foot wide to be placed on the west side of the fence and to be
planted with trees and shrubs.
3. The conditional use permit requested by the Applicant is
granted, subject to the foregoing conditions.
DATED this \— day of March, 1990.
LAND USE AND DEVELOPMENT COMMISSION
r
By:
airman
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
chbbck03.092
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 March 1,
1990, upon the application of The Church of Jesus Christ of
Latter Day Saints (hereinafter referred to as "applicant") for a
conditional use permit to build a church on the real property
located north of Paradise Acres subdivision (described on Exhibit
"A") 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 lies outside of the City but
applicant has requested zoning upon annexation of R-2 pursuant to
the Land Use Ordinance of the City of Chubbuck.
4. The property is designated as R-2, Limited 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 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 property is bordered on the East by the Fort Hall
Canal.
B. Access to Yellowstone Avenue would be via Bringhurst
Street, a new street to be built along an existing lane.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
chbbck03.124
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. 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 expressed approval 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
chbbck03.124
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 March 1, 1990, upon the application of The
Church of Jesus Christ of Latter Day Saints (hereinafter referred
to as "applicant") for a change in land use district upon
requested annexation for the real property described on Exhibit A
hereto 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 upon requestel$
annexation to R-2 for the real property more particularly
described on Exhibit A hereto.
n 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-2, Limited 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 #n
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 OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
dsc chbbk03.123
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-2 by the City Council.
DATED this .5 day of _, 1990.
Chairman,
Land Use and Development
Commission
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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n
EXHIBIT "A"
A tract of land in the west one half of Section 34, Township
5 South, Range 34 East, Boise Meridian, described as
follows: Commencing at the south 1/4 corner for section 34,
Township 5 South, Range 34 East, Boise Meridian; thence
north 00 04'50" east along the meridional centerline of
Section 34 for a distance of 2629.11 feet to the northeast
corner of Paradise Acres, a subdivision recorded in the
records of Bannock County as instrument 538355; thence north
89'3615011 west along the north line of Paradise Acres for a
distance of 510.90 feet to the northeast corner of lot 25,
block 13 of said Paradise Acres; thence north 00'12129" east
on an extension of the west right of way line of Eden Street
for a distance of 50.00 feet; thence south 89 36'50" east
for a distance of 50.00 feet; thence north 00 12'29" east
for a distance of 374.00 feet; thence south 89 36'50" east
for a distance of 459.96 feet to an intersection with the
meridional centerline of Section 34; thence south 00'04150"
west for a distance of 410.40 feet to the center 1/4 corner
of Section 34; thence continuing south 00'0415011 west for a
distance of 13.61 feet to the point of beginning.
EXHIBIT "A" - Page 1
dsc chbbck03.131
r -N A. Fence on north property line to be extended to the
canal.
B. 90' strip between church property and canal be
landscaped and maintained in the same manner as the church
property.
3. The conditional use permit requested by the Applicant is
granted, subject to the foregoing conditions.
DATED this Z-> day of 0'\ , 1990.
LAND USE AND DEVELOPMENT COMMISSION
By:
Cla6irman
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
chbbck03.124
n
EXHIBIT "A"
A tract of land in the west one half of Section 34, Township
5 South, Range 34 East, Boise Meridian, described as
follows: Commencing at the south 1/4 corner for section 34,
Township 5 South, Range 34 East, Boise Meridian; thence
north 00'04150" east along the meridional centerline of
Section 34 for a distance of 2629.11 feet to the northeast
corner of Paradise Acres, a subdivision recorded in the
records of Bannock County as instrument 538355; thence north
89'36150" west along the north line of Paradise Acres for a
distance of 510.90 feet to the northeast corner of lot 25,
block 13 of said Paradise Acres; thence north 00'12129" east
on an extension of the west right of way line of Eden Street
for a distance of 50.00 feet; thence south 89 36'50" east
for a distance of 50.00 feet; thence north 00'12129" east
for a distance of 374.00 feet; thence south 89 36'50" east
for a distance of 459.96 feet to an intersection with the
meridional centerline of Section 34; thence south 00`04150"
west for a distance of 410.40 feet to the center 1/4 corner
of Section 34; thence continuing south 00'04150" west for a
distance of 13.61 feet to the point of beginning.
EXHIBIT "A" - Page 1
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