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HomeMy WebLinkAbout003 05 87LAND USE AND DEVELOPMENT COMMISSION MINUTES March 5, 1987 MinUtes of the regular meeting of the Land Use and Development commission held in the city municipal building March 5, 1987. Present: Chairman. Pete Anderson, Commission members Myrna Cain, Bob Anderson, Evan Byington, Sue Parrish, Robert Allen, Dee Stalder; council Representative LeRoy Quick,' Attorney Lynn winmill, 'Public Works Director Steve Smart, Secretary Myrna Crapo. Meeting called to order at 7:35 pm by Chairman Anderson Chairman Anderson asked for any additions or corrections to the February 5, 1987 minutes. There being none Robert Allen made a motion to accept minUtes as mailed. Sue Parrish seconded the motion, with .all commission members voting in favor. GENERAL BUSINESS: iA REVIEW OF CONDITONAL USE PERMIT TO VICTOR.HERBERT, 11641 Philbin Road to develope a bicYcle motorcross tract Lot 4, Block 1, Pine Ridge Mall DeveloPment. Steve Weighall representing the Pine Ridge BMX answered the commisSion questions. Chairman Anderson read the conditions of the original conditional use permit. Mr. Weighall informed the commission that the track is now located north of the mall and is on a month to month.agreement with the mall. The commission discussed: 1. The fencing requirement and how~permanent their location is. 2. Victor Herbert's involvement with the club 3. The need for a new conditonal use 4. Putting up a temporary fence 5. Liability of the city in case in injuries 6. Removing tires, etc on off hours 7. The supervising of the track when anyone is using it Mr. Weighall informed the commission that he felt they could met all the original conditions except the fence requirement. Robert Allen made motion to approve the conditonal use permit' that was requested by Victor Herbert to permit a motor cross track at the Pine Ridge Mall with the following stipUlations: 1. Permit be taken out by Pine ~Ridge~BMX 2. That the CitY of Chubbuck be named on the liability insurance or at least have a certificate to cover them. 3. That a sign be put up that will restrict it to day light hours 4. That we do away with the condition to have a fence around the property LAND USE AND DEVELOPMENT COMMISSION MINUTES March 5, 1987 Page 2 REVIEW OF CONDITONAL USE PERMIT TO VICTOR HERBERT CONT. 5. Keep a yearly review 6. Subject to review by the city attorney Myrna Cain seconded the motion with all the commission members voting in the affirmative. PUBLIC HEARING ITEM: PROPOSAL BY.ESPIE ADDITION, ROY LACEY, 5500 block on Hawthorne Road for a review of Preliminary Plat,change in Land Use District upon requested annexation to General Residential (R-2), Conditional use permit for production building cluster, arrangement within the proposed Espie Addition and a Conditional USe permit for Class II ProduCtion Buildings. Public WorkS Director Steve Smart reported for the city on what Mr. Lacey was proposing to do on his 20 acres of land. A portion is to be a trailer court and the remainder will be a subdivision. · Lots 12-34 will be developed into Class III production buildings and the balance being Class II production homes. Mr. Roy Lacey, 12411 N. Corey Lane reviewed his plans which include a. access off of Hawthorne, b. adults onlY park,' c. no pets would be allowed to run, d. a clubhouse, e. recreation area, f. 5' chain link fence with slats around perimeter, g. curb, gutter and sidewalkS installed. commission Mr. Smart advised the~members that due to an error by the city Mr. Lacey was requesting an R-2 when the comprehensive plan shows an R-1. This creates a problem as the produCtion building cluSter arrangement will not be permitted in a R-1 zone. Mr. Lacey's intent is for the city to take over the improvements of the water, sewer & streets. Mr. Lacey rewiewed the restrictive covenants and discussed other parkS in the area. Attorney Winmill expresSed his concerns on the R-1 zoning and on the blanket conditional use permit with conditions. Procedurally the annexation needs to be approved before the conditional use permits. Written comments were read into the record from 1. William R. Wilson 1903 Old Cherry Point Rd., New Bern, N.C.; 2. Petition with 64 signatures in opposition toJ the subdivision, and 3. a survey taken by L..Nobles listing 9 trailer parks inCluding the number of spaces available and the number of units empty. Ron Pickens, 5041 Hawthorne and Roy Frist, 558 Dell Road asked questions concerning the Class II produCtion homes Kent Hill, 5321 Hawthorne Road expressed his concerns on the appearance of the park ~in the future and pointed out that the area had nice homes already there. LAND USE AND DEVELOPMENT COMMISSION MINUTES March 5, 1987 Page 3 ESPIE ADDITION PUBLIC HEARING CONTINUED Ray England, 11953 N. Hawthorne Road commented on a. all but one resident had signed the petition from Canal north to Hawthorne Road, b. Property value might go down c. the need for a trailer park Paul Cramor, 575 Homestead expressed concern that there is only one entrance into the area for fire and ambulance Carlos Gaskins, 546.Dell Road and Ken Orton, 13121 W. Siphon expressed concern for the value of their property dropping. ~/ Del Peters, 5359 Hawthorne objected to the zohing changes requested after so muCh work was put into the original comprehensive plan. Margaret England, 11953 N. Hawthorne stated 1. having wood stoves in that many trailors would cause ~ilution in the area, 2. Would like to see acreages in that area, 3-. w0uid~ilike the area ~ zoned R'l, 4. felt they needed a 6' fence instead of 5', 5. would like the city to cover the 'canal on Hawthorne, 6. wondered who would enforce the restrictive covenants. Gene Pickens, 53.33 Hawthorne expressed concern with the trailor court accepting his horses in the area. Clair Hill, 551 Dell Road and Pat Hill, 5321 Hawthorne requested that R-1 be the zoning in that area. Gay Yearsley, 568 'Dell questioned the additional parking needed for weddings and etc. held there. LaRee Nobles, 13243 W. Siphon expressed concern for the traffic problem it would creat on Siphon Road. Chairman Anderson closed the public hearing and allowed Mr. Lacey to make him comments on the public hearing. Mr. Lacey addressed the points that had been brought uP by the public hearing. He stated in part that R-1 houses in the area would not make any difference in traffic'problem as verses mobile homes, and that the sewer would not be under any residents homes. Lynn Winmill explained to the commission the sequence needed to address each isSue. ~1. Recommendation to city council to zone R-1 or R-2; 2. approval of preliminary plat. If area is zoned R-1 it could not be approved because of lack of space; 3. the produCtive building cluSter arrangement is not allowed in R-l; 4. conditional use permit' could be issued for blanket conditional uSe but they needed more information as to the kinds of homes, etc. Chairman Anderson asked Attorney Winmill if the commission made an recommendation on the annexation would they be out of line to consider the conditional use permit before the property is annexed. Lynn Winmill suggested the commission had three options: LAND USE AND DEVELOPMENT COMMISSION MINUTES March 5, 1987 Page 4 ESPIE ADDITION PUBLIC HEARING, CONTINUED 1. Require them to go back and redo the public' hearing for the conditional~ uSe. 2. Take it under advisement having closed the public hearing on the conditional use permit and have the people come back ~and listeh to the deliberations. 3. Make a decision ~tonight contingent upon the cities decision to annex. The commission discussed: 1. Compatability to the area 2 Economic use 3. Developing R-1 4. The need for a public hearing to change the comprehensive plan to ~R-2 if zoned R-2 5. varying from 'the comprehensive plan Dee Stalder made a motion that we recommend to the city council that the zoning upon annexiation shall be R-1. Bob Anderson seconded the motion. A roll call vote: Sue Parrish, yes; Myrna Cain, yes; Bob Anderson, yes; Evan Byington, yes; Pete Anderson, yes; LeRoy Quick, yes; Dee Stalder, yes; Robert Allen, yes. The motion passed unanimouSly. The motion to the city council will be heard by the city council Tuesday night. Their is no appeal on this except to the district court. Parrish Sue~moved to table items #1, 3 and 4 until the April 2nd meeting. Myrna Cain seconded the motion..R°ll call vote: Sue Parrish, yes; Myrna Cain, yes; Bob Anderson, yes, EVan Byington, yes; Pete Anderson, yes; LeRoy Quick, yes; Dee Stalder, yes; Robert Allen, yes. The motion passed unanimously. A meeting will be held on March 10th at 7:00 p.m.' to approve the findings of facts and concluSions of law. Dee Stalder moved to adjourn and Robert A~le,n~ecj~nded. The meeting was adjourned at 10:15 p.m. ~///~i fete Andiron; - Chairman My~~s e~ 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 5th day of March 1987, upon the application of Roy J. Lacey (hereinafter referred to as "Applicant") for the establishment of a Land Use District for the Espie Addition upon annexation of the same into the City. The applicant has requested that the Land Use District of Sbespie Addition upon annexation into the city be established as 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, upon its annexation into the city, be designated as part of the General Residential (R-2) Land Use District. 2. 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 k the NE4 of the NES, of Section 4, Township 6 South, Range 34 E.B.M. in Bannock County, Idaho. 3. The existing land uses in the area: To the north, Agricultural and single family residential structures; to the east, agricultural and single family residential structures; to n the south, single family residential structures on one acre lots; to the west, agricultural. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 ja 10Q-63 \�3 4. The comprehensive plan designates this area as Limited Residential (R-1). 5. There is no existing zoning for the property, since it has not been annexed into the city. 6. All legal requirements for notice of the public hearing have been fulfilled. 7. The owners of the adjacent property have expressed their objection to the request that the property be zoned General Residential (R-2) and have expressed their desire that the property be zoned in accordance with the Limited Residential (R-1) zoning as contemplated by the Comprehensive Plan. 8. The relevant criteria in standards for construction of this application are set forth in Idaho Code §67-6501 etc., the Comprehensive Plan of the City of Chubbuck, Idaho and Title 18 of the Chubbuck Municipal Code. 9. The facts relevant to an evaluation of the relevant criteria of standards are as follows: 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 ja 10Q-63 C. Testimony was offered at the public hearing that the development of a Production Building Cluster Arrangement would adversely impact the values of adjoining properties. D. Testimony was offered at the public hearing to the effect that there is no economic demand which would justify the expansion of areas within the City which can be developed for multiple family structures and production building cluster arrangements. E. Testimony was offered at the public hearing that the types of uses permitted in a General Residential (R-2) Land Use District would be in conflict with the types of uses now permitted in the Limited Residential (R-1) Land Use District in the surrounding areas. Conclusions of Law 1. The applicant did not provide an adequate justification for designating the Espie Addition as part of the City's General Residential (R-2) Land Use District when the area is designated for Limited Residential (R-1) development in the comprehensive plan. 2. Section 18.28.050 of the Chubbuck Municipal Code provides that "No variance shall be granted, nor any conditional n use permit issued, nor any revision to this title adopted, unless such action is consistent with the city's Comprehensive Plan." FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 ja 10Q-63 n 3. The designation of the Espie Addition as part of the city's General Residential (R-2) Land Use District may produce an adverse impact on the economic values of adjacent properties. 4. The aesthetic qualities of the types of land uses permitted in the General Residential (R-2) Land Use District would conflict with the aesthetic qualities of the surrounding lands. Decision The Land Use and Development Commission, pursuant to the foregoing, finds that the applicant's request that the proposed Sbespie Addition be designated as part of the city's General Residential (R-2) Land Use District upon annexation of the same, should be denied and that said property should, upon annexation into the city, be designated as part of the city's Limited Residential (R-1) Land Use District, as provided for in the city's Comprehensive Plan. ENTERED this day of March, 1987. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 4 ja IOQ-63