HomeMy WebLinkAbout004 05 84LAND USE AND DEVELOPMENT COMMISSION MINUTES
April 5, 1984
Minutes of the regUlar meeting of the Land Use and Development
Co~nission held in the citY municipal building April
5, 1984.
Present: Chairman Pete Anderson, Commission Members: Myrna Cain,
Janet Williams, Ron Nelson, Thomas Nield, Robert Allen, Sue
Parrish, City Attorney, B. Lynn Winmill, Public Works
Director, Steven M. Smart and Secretary, Dorothy Ward.
Meeting called to order at 8:05 p.m. by Chairman Anderson.
Chairman Anderson asked for any corrections or additions to the
minutes of March 1, 1984. There being none, Janet Williams
made motion to accept minutes as written. Motion seconded by
Myrna Cain, with all commission members voting in favor.
PUBLIC HEARING ITEM:
1. PROPOSAL BY EARL R. AND PEGGY J. ELLIS, 333 Briscoe Road,
Chubbuck, Idaho, for a conditional use permit to place a Class
II Production Building on property for residential purposes.
Property is presently zoned General Residential (R-2).
Peggy Ellis, 333 Briscoe Road, was present and said they wished
to put the Class II Production Dwelling on property they
owned. She said it would meet the criteria for a Class
II Production Dwelling.
Chairman Anderson opened the meeting for public comment. He
asked for comments in favor of proposal. There being none,
he asked for comments in opposition to proposal.
Ray England, Rte #4'Box 245, was concerned about the box cars
that had been moved in on property and had not had the
siding put on that was included in the building permit.
He al~o asked ~bout the mobile home that was on the property.
Mrs. Ellis stated they were going to have Mr. Ellis's mother live
in the m6bile home that was now on property. She said they
had plenty of ground to have the two mobile homes on property.
Richard Shappart, Rte #2 Box 187 C, said he owned property on
Lucky. He stated he was neither for or against the home.
He was concerned about it being allowed, said he had wanted
to put a mobile home on his property and had been told he
couldn't. He was informed the ordinance had been amended
to allow Class II Production Dwelling on a conditional use.
Donald Sample, 5§~6~ Hawthorne Road, said he was concerned about
the appearance of property. He said he felt the mobile home
would devalue the other property around it.
Mary Mitchell, 261 Briscoe Road, said only savings they have
is their home and she was concerned about it being devalued
with the mobile home in area.
Del Peters, 5359 Hawthorne Road, said he felt people in the area
should be considered in whether to allow or disallow the
mobile home.
Gloria COlson, 318 Briscoe Road, asked if Briscoe Road might
be opened up to Hawthorne Road, and if so, how i~ would
affect their property.
Mrs. Ellis said if dwelling was allowed, Charlie Frasure
would put in foundation, anchor it and hook-up to city
services.
~hairman Anderson closed meeting to public comment and asked
for comment from commission members.
Tom Nield said he was concerned about the box cars that had
been placed on property with the understanding that they
would have siding put on them.
Attorney Win~ill said he did not f~el the City could deny the
conditional use permit because of past performances of Mr.
and-~Mrs. Ellis.
Sue Parrish asked Mr. Peters, Mr. Sample, Mrs. Mitchell, Mrs.
Colson and Mr. England if they felt a large mobile home
would be an improvement on the property. They all agreed
mobile homes were well constructed and would be an
improvement to the property. Mr. Sample and Mr. England
expressed concern if it would de-value the property around
it.
Janet Williams made motion to allow Earl R. and Peggy J. Ellis,
333 Briscoe Road, a conditional use permit to place a
Class II Production Dwelling on their property.
The commission members wished to discuss other items before the
motion Was completed, Mrs. Willims then withdrew, her motion.
Commission members discussed with Mrs. Ellis the property on
which the home would be placed. She said it was presently
planted to grass with trees, shrubs and fencing already
installed.
Janet Williams made motion to allow Earl R. and Peggy J. Ellis,
333 Briscoe Road, a conditional use permit to place a
Class II Production Dwellin on their property. The Findings
of Fact and Conclusion of Law having been met the following
conditions to be imposed:
Area adjacent to structure shall be landscaped and
maintained in a manner consistent with other single
family residential lots, shch landscaping to include
shrubs, trees, grass or other ground cover and shall
PUBLIC HEARING ITEM # 1 - EARL R. AND PEGGY J. ELLIS - continued
cover an area of approximately 200' x 250'
Applicant shall post a completiOn and performance bond
or other form of surety to city to ensure compliance with
the conditions hereby imposed. Bond shall be in an
amount of Five thousand ($5,000.00) dollars and shall
ensure performance within six (6) months from date
permit is granted.
3. Structure shall comply in all respects with the
requirements of a Class II Production Building.
Ron Nelson seconded the motion. Roll call vote: Nield~ no;
Nelson, yes; Robert Allen, no; Cain, yes; Williams, yes;
Parrish, yes, Anderson, abstained. Motion carried.
OTHER BUSINESS:
1. Empire Investment, Corporation, Kasiska Subdivision,
reView of Preliminary Plat.
Mr. Wendall Marshall, owner was present. He called attention
to the minutes of March 1, 1984, which stated this property
was in a General Commercial area. Minutes should have
indicated property was in a General Residential (R-2) zone.
Mr. Scott Rhead, Forsgren, Perkins Engineers, presented'a
revised preliminary plat, that incorporated some of the
recommendations from the me~ting held March 1, 1984.
Commission members discussed:
1. Utility easements.
2. The 12" water line.
3. Construction of road through park, also of moving road
to the east.
4. Right-of-way of canals that are maintained by Fort Hall
Irrigation.
Janet Williams left meeting at 10:05 p.m.
Mr. Marshall indicated they could not negotiate with Fort Hall
until the design of the preliminary plat had been accepted.
Commission members discussed the ordinance requirement of a
park or money in leiu of park.
Sue Parrish made motion to recommend to the City Council for
their approval the preliminary plat of Empire Investment,
Corporation, Kasiska Subdivision, with the following
recommendations:
1. Fencing be required for O'Leary Canal.
2. Roadway be accepted with exit on Tahoe Place -with
location changes as recommended by City Engineer.
3. Permission be granted by City Council to finish
exit to Tahoe Place with first phase of development.
EMPIRE INVESTMENT CORPORATION, KASISKA SUBDIVISION - continued
4. A 12" water line to be installed- with city sharing
in the expense~ of line over 6"
Robert Allen seconded the motion.
Tom Nield said he was concerned with the hazard of the Redman
Canal as well as the O'Leary Canal. He said he ~s concerned
about %he~dity sharing in the expense of the 12" water line,
and that money in lieu of park land had not been addressed.
Mr. Marshall indicated he would be willing to install the 12"
line if the city shared in the cost.
Sue Parrish indicated she was willing to accept the ammendments
to the motion.
1. Redman Canal be fenced.
2. Cash contribution in lieu of park to be determined
by City Council.
Robert Allen seconded the ammendments. Chairman Anderson asked for
vote on motion. Tom Nield opposed motion, with remainder
of commission members voting in favor.
2.- CHASE - ANDERSON'S LANDSCAPING, NURSERY, FLORAL AND
GARDEN CENTER, 206 and 212 East Chubbuck Road, waiver of platting
requirement to conform to new comprehensive Plan for street
Development of 66' width on East Chubbuck Road.
Robert Chase said they were willing to widen the right-of-way
in compliance with the Comprehensive Plan,'in fron% of
206 and 212 East Chubbuck Road. He said they would put in
the curb, gutter and sidewalk. He said they would not have
any impact on the sewer and water.
Karl Anderson said they wanted to build and have an area that
would be an asset to the city.
Robert Allen made motion to recommend to the City Council for
approval of the waiver of platting for the Chase, Anderson's
Landscape, Nursery, F16ral and Garden Center, based upon the
following:
1. They would not be creating a new street.
2. Would not be subdividing.
3. Based upon agreement of applicant to dedicate
necessary land for rOad. To construct improvements that
would be required if subdivision had been platted.
Ron Nelson seconded the motion, with all commission members voting
in favor.
Motion to adjourn was made by Robert,~lle~at/711:20 P.M.,
Ron Nelson seconding the motion.. ~,~d i~favor~
<D~oth L ~a~rd[c Pete An~r on, Chairman
· Y -.~ ~ , Sec~etar~ ~ '~ '
with
CITY OF CHUBBUCK
LAND USE AND DEVELOPMENT COMMISSION
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This matter having come before the Commission for
public hearing pursuant to'public notice as required by
law, on April 5 , 198 4 , upon the
application of Earl R. and Peggy J. Ellis
(hereinafter referred to as "applicant") for a
conditional use permit to place a Class II Production
Dwelling
on the real property located at 333 Briscoe 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. Applicanat has applied for a condtional use
permit as particularly described above.
2. Ail legal requirements for notice of public
hearing have been met.
3. The property in question is zoned R-2 or
General Residential pursuant to the Land
Use Ordinance of the City of Chubbuck.
4. The property is designated as Genera]
Residential in the duly adopted
Comprehensive Plan of the City of Chubbuck.
5. Relevent criteria and standards for
consideration of this application are set forth in
of the Chubbuck Land Use Ordinance
Section 7-4
6. The existing neighboring land uses in the
immediate area of this property are: To the north,
pasture and single family residence
to the south, ~r~c]~]~rn3 n~nn~+ .... ~ ,~ .... n .... ;
to the east single ~iI-r~§i~h~s ............. ~ prope~t~ ;
to the west
7. The facts relevant to an evaluation of the
relevant criteria and standards are as follows:
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION - Page 1
A. Home will have many of same appearnces as a site-
bult dwelling
B. Rest of homes on Briscoe Road, which is primary
access and neighborhood to'site, are site-built dwellings.
C. The applicant proposes to have building installed by
professional mobile home installation company.
D. The proposed structure is comparable in quality to
existing structures'in the area.
Ge
He
8. Owners of adjacent property--// have not
expressed approval of the issuance of the requested
conditional use permit., because of existing conditions of
property.
BASED UPON THE FOREGOING FINDINGS OF FAC~ 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.
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION - Page 2
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 condition now
existing ~/ ~oes no~ 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 nature 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.
10. The requested conditional use permit, if
granted, should be maintained subject to the condtions
set forth herinafter.
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, should be
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 DECISIONS - Page 3
1.
maintained 4n ~ manner ~o~=~-~ Wlhh other single
family residential lotS: such land.~o.~p~ng to include
shrubs, trees, grass or o~her grn]]nd Cove~ and. shall
cover an area of approximat~_ly PON' ~ 22J'_
Applicant shall post a comPet~on and performance bond or
other form of security with the city to
with the conditions hereby impos¢~. Bond shall he in
an amount of $5000.00'and shall onsure performance_
within six (6) months from date permit is granted
Structure shall comply, in all respects, with the
requirements of a Class II Production Dwelling.
3. The Conditional Use Permit requested by the
Applicant is///~/ ~ranted', subject to the foregoing
conditions.
DATED this 5th day of April
198 4 .,
LAND USE AND DEVELOPMENT
COMMISSION
/~HAi~X~AN~ ~ -
Motion by Commissioner Janet Willlam~
seconded by Commissioner P~nald Nelson
adopt the foregoing Findings of Fact, Conclusions of Law
and Decision.
ROLL CALL:
commission Member
Thomas Nield
Ronald Nelson
Robert Allen
Myrna Cain
Vote
, TO
No
Yes
No
Yes
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISIONS - Page 4
Janet Williams
Sue Parrish
Pete Anderson
Yes
Abstained
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION - Page 5