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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