HomeMy WebLinkAbout004 02 87LAND USE AND DEVELOPMENT COMMISSION MINUTES
April 2, 1987
MinUtes of the ~regular meeting of the Land Use and Development
commisSion held in the city municipal building April 2, 1987.
Present: Chairman Pete Anderson, Commission members Sue Parrish,
Myrna Cain, Bob Anderson, Evan Byington, Robert Allen; Attorney
Lynn Winmill, PubliC Works Director Steve Smart, Secretary Myrna
Crapo. Ted Corrington, LeRoy Quick,' and Dee Stalder were excuSed.
Meeting called to order at 7:30 pm by Chairman Anderson
Chairman Anderson asked for any additions or corrections to the
March 5 minutes. There being none Myrna Cain made motion to
accept minutes as mailed. Evan Byington seconded the motion,
with all commisSion members voting in favor.
Chairman Anderson asked for any additions or corrections to the
March 10,1987 minutes. There being none Robert Allen made
a motion to accept minutes as mailed. Bob Anderson seconded
motion, with all commission members voting in favor.
PUBLIC HEARING ITEM:
PROPOSAL BY ESPIE ADDITION, Roy Lacey, 5500 block on Hawthorne
Road for a change in the City's Comprehensive plan from 'single
FamilY Residential '(R-l) to Limited Residential (R-2).
Attorney Lynn winmill advised the commission that the avisabilitY of
this pro'ject was not a revelant consideration, The comprehensive
plan was designed for an overl view of how we want the city to develo~
The primary standard is what is appropriate for that area in the
future in terms of current development, current status of the property
adjoining.
Public WorkS Director Steve Smart informed the commission that the
land inside the city immediately to the south of this land is zoned
R-1.
Roy Lacey,12411 N. Corey Lane presented a map of the Comprehensive Plan
and pointed out there is a 150' strip circling the entire 19
acres that is R-2. The area of Dell and Homestead Road does not
conform to the R-1 requirements.
Chairman Anderson opened the meeting up to public comments.
Del Peters, 5359 Hawthorne Road felt the comprehensive plan was for
the future growth of that area, and that it would be to the benefit
of ChubbuCk to maintain it as an R-1. He felt that the future would
prove us out on that.
Margaret England, 11953 N. Hawthorne Road reviewed the conditional
use criteria for considering conditional use permit's since this'
was the only criteria that the citY had.
1. InjuriouS to the neighborhood
2. Adverse impact on economic value of adjacent properties.
LAND USE AND DEVELOPMENT COMMISSION MINUTES
APril 2, 1987
Page 2
Margaret England comments continued: 3. Should not produce negative impact on transportation facilities, etc.
4. Noise and traffic conditions
5. The character of use of buildings and land adjoining
6. Aesthetic quality of surrounding lands and proposed lands
7- Opposition of persons entitled to receive notice
Th~se in opposition had met all the criteria that was set uP for
condit0nal uSe permits. Mrs. England then revieWed the finding
of factS from ~the last meeting.
Norris Brown, 640 Dell Road informed the commission that the citY would
be patching and scraping bY putting in a R-2 in this area. The city
n~eeds to look at the total picture of ChubbuCk and zone it the way
it ought to be.
Chairman Anderson closed the public hearing and invited Roy Lacey
to clarifY ~'any points he needed to.
Roy Lacey stated he was approached by Ray England for 1/2 acre lots
in the area. This was not feasible for him'and that what he has
planed would be a nice presentable neighborhood.
~The meeting was than opened to commission disCussion.
Attorney Winmill ,reviewed the items that shoUld be looked at for a
Change in the ComPrehensive plan as found in the Code and comprehensive
plan.
Idaho Code 67:6508 ~(c) we should give consideration to the intrinsic
suitability of lands for uses... This is the guide the commission.
h'eedS to uSe.~ The commission is looking at how Chubbuck should develope
over the next 20 to 50 years. We need to consider if the city has
enough R-2 as opposed to R-1. Does the city want to bring more land
into it as R-1 or R-2.
Attorney Winmill then revieWed the comprehensive plan standards:
1. Encouragement of land uses that are mutually compatable
2. Need to~ enhance the quality of life
3. minimize~st~!p a~d~spot ~zoning
The commisSion then discussed ~the following:
1. Why R-1 was designated in the comprehensive plan for certain areas.
2. The need for updated zoning maps
3. Rezoning of existing lands
4. Differences:between R1 and R2 requirements
5. Finding of facts and conclusions of law
6. Spot zoning and permanent zoning for next 15 or 20 years
LAND USE AND DEVELOPMENT COMMISSION MINUTES
April 2, 1987
Page 3~
Robert Allen made a motion that we recommend to the city council that
they deny the proposal for Espie Division by Mr. Roy Lacey to
go to R2 and leave itl as R1 as the Comprehensive Plan has it'
designated now.with those conclusions of law'and findings of fact.
Sue Parrish seconded the motion. A roll call vote: Sue Parrish, yes;
Myrna Cain, yes; Bob Anderson, yes; Evan Byington, yes; Pete Anderson,
yes; Robert Allen, yes. The motion passed unanimouSly.
Chairman Anderson advised those in attendence that this would come
before the city council on the 14th of April.
Attorney Winmill informed the city that a copy of the land use pattern
from the land use ordinance should be placed in all copies of the
municipal codes.
The commission needs to have copies of the county zoning and comprehensive
plan.
The commission needs to take a look at the present zoning and standards
for changing.
Attorney winmi½1 was requested for the May 7th meeting to draft
standards as^~ the comprehensive plan and as far as annexing
and changing of the comprehensive plan.
Chairman Anderson requested the members of the commission to look
at the areas they feel the zoning is not appropriate and have them
ready for next months meeting.
Sue Parrish moved to adjourn and Robert allen seconded.
was adjouned, at 8:55 pm.
The meeting
te An~'s6n, Chairman
Myrn%. ~r'apo-, secre%~ary
1
CITY OF CHUBBUCK LAND USE & 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 requred by law on the 2nd day
of April, 1987, upon the application of Roy J. Lacey (hereinafter
referred to as "Applicant") for a change in the Comprehensive
Plan's land use designation for certain real property commonly
known as the proposed Espie Addition more particularly described
as the South 1/2, NE 1/4, NE 1/4, Section 4, Township 6 South,
Range 34 East, Boise Meridian. The applicant has requested that
the land use desigation within the Comprehensive Plan for the
Espie Addition be changed from Limited Residential (R-1) to
'� General Residential (R-2).
Findings of Fact
1. The applicant has applied to the Land Use and
Development Commission for a recommendation to the city council
that the Espie Addition, be designated as General Residential
(R-2) in the City's Comprehensive Plan.
2. The Espie Addition is a parcel of land located on the
West side of Hawthorne Road in the 5500 Block and is part of the
South 1/2, NE 1/4, NE 1/4 of Section 4, Township 6 South, Range
34 E.B.M. in Bannock County, Idaho.
3. The existing land uses in the area are: To the north,
Agricultural and single family residential structures; to the
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
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east, agricultural and single family residential structures; to
the south, single family residential structures on one acre lots;
to the west, agricultural.
4. The Comprehensive Plan currently designates this area as
Limited Residential (R-1).
5. The property lies outside of the City of Chubbuck, but
borders upon the City limits. For this reason, there is no
existing zoning for the property.
6. The property adjacent to the Espie Addition has
generally developed in a manner consistent with Limited
Residential (R-1).
7. All legal requirements for notice of the public hearing
have been fulfilled.
8. The owners of the adjacent property have expressed their
strong objection to the request that the Espie Addition be
designated in the Comprehensive Plan as General Resident (R-2) and
have expressed their desire that the designation not be changed
from Limited Residental (R-1).
9. The relevant criteria and standards for construction of
this application are set forth in Idaho Code § 67-6501 et seq.,
the Comprehensive Plan of the City of Chubbuck, Idaho and Title 18
of the Chubbuck Municipal Code.
10. The facts relevant to an evaluation of the criteria or
standards are as follows:
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
jm 5S-6
n A. The area surrounding the proposed Espie
Addition has developed naturally into an area of single
family residential structures located on limited
agricultural tracts or one acre "ranchette" lots.
B. The types of development permitted within a
General Residential (R-2) Land Use District would be at
variance with the natural development of this area.
C. Testimony was offered at the public hearing
that the type of development allowed in a General
Residential (R-2) Land Use District, including duplexes
and Production Building Cluster Arrangements would
adversely impact the values of adjoining properties.
D. Testimony was offered at the public hearing
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that the types of uses permitted in a General
Residential (R-2) Land Use District would be in conflict
with the type of uses now permitted in the existing
Limited Residential (R-1) Land Use District which
adjoins the proposed Espie Addition, but lie within the
City limits.
Conclusions of Law
1. The applicant did not provide an adequate justification
for providing the proposed Espie Addition with a General
Residential (R-2) land use designation.
2. Inclusions of the proposed Espie Addition as lying
within those areas designated for General Residential (R-2)
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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develoment by the Comprehensive Plan would indicate the City's
intention to have this property zoned as part of the General
Residential (R-2) Land Use District upon annexation. The Land Use
and Development Commission concludes that such zoning may produce
an adverse impact on the economic values of adjacent properties
and would be inconsistent with the general direction of
development envisioned by the existing Comprehensive Plan.
3. The existing zoning within the City provides a
substantial area designated for General Residental (R-2)
development and provides a limited area for Limited Residential
(R-1) development. Providing for additional areas to be developed
as General Residential (R-2) upon annexation into the City would
further exacerbate this problem.
4. The Del Mar Acres area which lies immediately to the
south of the proposed Espie Addition is one of the few areas
within the City which is included within a Limited Residential
(R-1) Land Use District and has been developed in accordance with
that zoning. Accordingly, the creation of General Residential
(R-2) developments within the immediate area would be inconsistent
with current zoning and the actual development of adjoining
properties.
5. The continued extension of General Residential (R-2) to
the west will result in the creating of a zoning island in the Del
Mar acres area.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 4
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6. In view of the property's location, physical features
and the manner in which adjoining property has been developed,
this property is more suitable for future development within the
Limited Residential (R-1) Land Use District.
The Land Use and Development Commission, pursuant to the
foregoing, recommends that the applicant's request that the
proposed Espie Addition be designated for General Residential
(R-2) development in the City's Comprehensive Plan be denied and
that the Comprehensive Plan should continue to designate this
property for Limited Residential (R-1) development.
n ENTERED this 2'E day of April, 1987.
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 5
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
ESPIE ADDITION
Approved and adopted by the Chubbuck City Council
the 15 day of April, 1987.
John O. Cotant, Jr., Mayor