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HomeMy WebLinkAbout005 03 90LAND USE AND DEVELOPMENT COMMISSION May 4, 1990 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building Nay 3, 1990. Present: Chairwoman Sue Parrish, Commission Members: Kent Kearns Richard Pearson, Nyrna Cain, Bob Anderson, Council Representative Dean Wood, Engineer Steve Smart, Attorney Tom Holmes, and Secretary Myrna Crapo. Meeting called to order by Chairwoman Sue Parrish at 8:00 pm. Chairwoman Sue Parrish asked for corrections or additions to the minutes of the March 1, 1990 meeting· There being none Kent Kearns moved to approved the minutes of March 1, 1990 meeting with Richard Pearson seconding. All commission members voted in favor. PUBIC HEARING: A PROPOSAL BY DENNIS GAIL ROGERS, 4848 TRENT, TO OPERATE A MINI STORAGE at 212 E. Chubbuck Road. Property is presently zoned General Commercial. (C-2) Chairwoman Sue Parrish opened the public hearing. Chairwoman Parrish asked for a report by the city staff. Steve Smart reviewed the property zoning, adjacent zoning, length of lot, and building code requirements· James Humble, 230 E. Chubbuck Road asked Mr. Rogers and the commission to picture the business completed, would they really want that type of business there. Dennis Rogers, 4845 Trent told the commission that there intent was to provide businesses with a place to store their equipment, that they couldn't store on their property. They would meet the city code requirements when they built the storage sheds. The service bay shops would be like a regular mechanic shop and would be rented out. There would be not outside access, access would be strictly interior with a entrance gate. The storage unit would be opened all day and then closed at night· Dee Howell, 224 E. Chubbuck Road requested that they put up a fence and that there be no outside storage· Land Use & Development Nay 3, 1990 Page 2 DENNIS ROGERS PUBLIC HEARING (CONT.D) Connie Howell, 224 E. Chubbuck Road questioned Dennis Rogers about how the storage units would sit in comparison to their property. They would like them to match their existing fence from the property line to the back of the house by the tree. Dennis Rogers told the commission that he would build a fence from the storage area to the street. There would be lights at each corner on the inside of the storage units. They would be mounted on the building. Chairwoman Sue Parrish closed the public hearing· The commission then discussed the storage sheds. Kent Kearnes put a motion to the floor that we grant a conditional use for the property located at 212 E. Chubbuck Road it being in compliance with the long term goal of the comprehensive plan and being allowed by 18.24.040 but with the following restrictions: The development of the storage area be restricted to the area as depicted in the site map supplied with the application That the owners adequately address all of Cary's concerns to Cary's satisfaction and to code. That a 6' lx6 cedar fence be constructed from the frontage on East Chubbuck Road parallel on the property line to the start of the storage sheds as per ordinance requirements. So long as none of the conditions that are addressed in 18.28.040 section C 1-16 under granted conditional use permits, creat problems· Richard Pearson seconded the motion. Roll call vote: Myrna Cain, yes; Bob Anderson, yes; Sue Parrish, yes; Kent Kearns, yes; Richard Pearson, yes; Dean Wood, yes. Land Use and Development Commission Page 3 Nay 3, 1990 GENERAL BUSINESS: DISCUSSION ON A PROPOSED ORDINANCE TO DEFINE ADULT BUSINESS in the schedule of land use controls. The commission then discussed the proposed ordinance· It was felt that the ordinance needed to include the state statutes. After discussing the ordinance it was decided to hold it over until the next meeting. 2. DISCUSSION ON A PROPOSED ORDINANCE TO DEFINE SELF-SERVICE STORAGE facilities in the schedule of land use controls. The commission reviewed the proposed ordinance. Steve Smart showed the commission a pamphlet from planning and advisor service's on self-service storage facility, It was decided that this ordinance be held over until the June meeting. The commission decided to dispense with the 7:00 pm training meetings until September. The regular meetings will start at 8:00 p.m. The commission adjourned at 9:20 pm. Sue~ Parrish~ Chairwoman Myrna C~oo, secretar'~ 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 May 3, 1990, upon the application of Dennis Gail Rogers, (hereinafter referred to as "applicant") for a conditional use permit to operate a mini -storage (self service storage facility) 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 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 and persons occupying two adjacent residences reviewed with the Commission the location of the storage facility with reference to the immediately adjoining residence and a barn in back of that residence. B. The proposed storage facility sits back from the adjacent residence. C. The only apparent problem is car lights and lack of privacy from people entering the front of applicant's property to access the proposed storage facility. D. The proposed storage facility is designed in a "U" shape 1,11N with all doors facing inward. The facility would be built on or near the property line and the outside walls would be solid. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 chbbck05.093 4— c 3 1 E. Applicant agrees to install a 6' cedar 1 x 6 fence from the start of the storage facility to the front of the property to the east property line. F. The traffic impact of this type of facility to East Chubbuck Road and other area roads is minimal. G. The facility would be lit at night, but applicant indicates he would minimize the impact of the light upon the residential properties in the area. 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, subject to the conditions about the fence. 9. The requested conditional use permit, if granted, should be maintained subject to the conditions set forth below. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 chbbck05.093 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: A. The facility will comply with the building codes as required by the City. B. The facility will not violate the provisions of Chubbuck Municipal Code 18-28-040(c). C. Applicant will install a 6' cedar 1 x 6 fence along the east property line, from the corner of his storage facility to the front, except the fence will be lessened in height where required by City ordinance. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this day of , 1990. LAND USE AND DEVELOPMENT COMMISSION By:uz� hairman FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 chbbck05.093