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Home My WebLink About012 06 84LAND USE AND DEVELOPMENT COMMISSION MINUTES December 6, 1984 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building December 6, 1984. Present: Chairman Pete Anderson, Commission Members: Sue Parrish Dee Stalder, Janet Williams, Robert Allen, LeRoy Quick and Ron Nelson. Public Works Director Steven Smart, Building Inspector Cary Campbell and Secretary Dorothy Ward. Myrna Cain was excused. Chairman Anderson called the meeting to order at 8:00 p.m. Chairman Anderson asked for any additions or corrections to the minutes of November 1, 1984, there beJ_ng none, Janet Williams made motion to accept minutes as written. Ron Nelson seconded the motion with all commission members voting in favor. PUBLIC HEARING ITEM: !~ APLICATION BY SKS DEVELOPMENT, FOR A CHANGE IN THE CITY'S COMPREHENSIVE PLAN AND CHANGE OF LAND USE DISTRICT TO GENERAL RESIDENTIAL (R-2) with respect to a parcel of land containing approximately 64.07 acres~ located west of Whitaker Road, west and north of the E1 Cielito Reception Center, east of the Union Pacific Railroad right- of-way, south of Siphon road. The property is presently zoned Industrial (I) in part and General Residential (R-2) in part. Chairman Anderson opened the public hearing by asking Steven Smart to review with the commission members the application. He discussed with the commission the two zones the parcel of land contained. He said the city had no problems with the request to change the comprehensive plan. Ken Satterfield, representative of SKS Development, said they had been looking at the property for purpose of a residential subidivision for some time. He said they would like to do the subdivision in phases, starting behind E1 Cie!ito Reception Center and work north to Siphon Road. He said with the grade school being built on Whitaker Road and utilities being put in, it makes it more feasible for residential housing° Mr. Satterfield said that it was doubtful if the railroad would allow a spur track in this area, especially with the Marshall development off from Siphon Road. Chairman Anderson asked for public comment for or against proposal. Alec Alenskis, 5205 Whitaker Road, said he was concerned about the size of the lots, in an area where there are acreages. He said he felt it should be consistant with the other homes in the area. He also expressed concern with building homes so close to the rail- road right-of-way. ~ SKS Development - continued - Ellen Kunz, 5157 Whitaker Road, said they had lived in area over thirty years and had no problem with the railroad°She said she could see no problem with city lots, rather than acreages. Linda Raschke, 5121 Whitaker Road, said the tone of area changed with the addition of the grade school. Chairman Anderson closed the public hearing. Mr. Satterfield said that the Railroad was a concern to the the developers and they had contacted HUD for imput - other areas have been built near railroad trackage. 2. REQUEST OF THE ABOVE APPLICANTS FOR A CHANGE OF LAND USE DISTRICT, on the property described above, to General Residential (R-2 Property is presently zoned industrial (I) in part and General Residential (R-2) in part. Chairman Anderson asked for public comment for or against proposal, there being none, public hearing closed. 3. APPLICANTS ARE ALSO REQUESTING ANNEXATION OF THAT PORTION OF LAND NOT PRESENTLY IN THE City of Chubbuck~ Chairman Anderson asked for public comment for against the proposal° Alec Alenskis. 5205~ Whitaker Road, said he was concerned about his property being in the city, said he was concerned about the size of the lots that would be developed. Chairman Anderson closed the public hearing. The commission members discussed the different zoning. Commission member Quick asked Mr. Alenskis if he wished to be in the city or county. He said he would like to consider it, before making comment. Commission members discussed the Industrial (I) Zone in the comprehensmve plan- The findings of fact and conclusions of law having been met, Dee Stalder made motion to recommend to the City Council the application of the SKS Development for a change in the City's comprehensive plan with respect to a parcel of land containg approximately 64.07 acres, located west of Whitaker Road, west and north of the E1 Cielito Reception Center, east of the Union Pacific Railroad right-of-way, south of Siphon Road, be changed to General Residential (R-2) from present zoning. Janet Williams seconded the motion. Roll call vote. Nelson, yes; Quick, yes; Robert Allen, yes; Williams, yes; Stalder, yes~ Parrish, yes; Anderson, yes. 2. Commission members discussed the annexation of property. They discussed the sewer lift station that is being built and if it would serve this area. SKS DEVELOPMENT - continued The findings of fact and conclusion of law having been met, Robert Allen made motion to recommend to the City Council to annex that portion of land not presently in the City of Chubbuck, described in the application, with stipulation City Council has right to annex all or part of ground requested to be annexed. Ron Nelson seconded the motion. Roll Call vote: Parrish, yes; Stalder, yes; Williams, yes; Allen, yes; Quick, yes; Nelson, ~es; Anderson, yes. o Commission members discussed the change of zoning of property described in application of SKS Development. Property is presently zoned Industrial (I) in part and General Residential (R-2) in part. Mr, Satterfield said the present plans are for single family residence with about 8000 square foot lots. The findings of fact and conclusion of law having been met, LeRoy Quick made motion to recommend to the City Council for their approval a c~.ange of zoning of property described in application of SKS Development to General Residential (R-2). Dee Stalder seconded the motion. Roll call vote: Parrish , no; Stalder, yes; Williams, no; Allen, yes; Quick, yes; Nelson, yes; Anderson, yes. 4. PROPOSAL BY RANDY KRESS, DBA INTERMOUNTAIN MOBILE HOME SALES, FOR A CONDITIONAL UISE PERMIT TO ALLOW HIM TO PLACE A MOBILE HOME TO BE used as an office at 4674 Yellows'~one. Chairman Anderson asked for ccmment from the city. Steve Smart said office location would be on Yellowstone Avenue in a General Commercial Zone (C-2), with a fenced yard. He said the attitude and intent of the ordinance would allow Mr. Kress to use his own product for an office. He said in the ordinance in schedule of controls a Class I Production building for uses otherwise allowed, would be permited as a Non-Residential Production Building. Randy Kress, 5110 Dorian, said he had been operating his business on Pole Line Road and would like to re-locate in the Chubbuck area. He said by using a mobile home as his office, it would show faith in his product. He said he would hook-up to the sewer and water. Mr. Kress said it would be structured mobile home, 14' x 70' it will be set up, it is a two bedroom home, they will put sliding glass doors in the master bedroom for the office, otherwise it will be structured as a home. Chairman Anderson asked about the gravel lot. Mr. Kress stated he has been told the gravel lot would be allowed. Commission members told him he would have to provide hard service parking for three parking spaces. He said he would lower the chain link fencing on Yellowstone to make access more available. He said with gravel or asphalt it would be difficult to landscape; that he would use planters for trees and flowers. RANDY KRESS - continued Chairman Anderson asked for public comment for or against proposal. There being no comment, public hearing was closed° Commission members discussed the green area and curb,gutter and sidewalk on East Linden. The findings of fact and conclusions of law having been met, Sue Parrish made motion to grant the conditional use permit to Randy Kress, DBA Intermountain Mobile Home Sales,to allow him to place a mobile home to be used as an office at 4674 Yellowstone, Chubbuck, Idaho, subject to the following conditions: 2o 3. 4. Proper sefback from Yellowstone. Hard surface p~king for a minimum of three cars. Sidewalk, curb and gutter on East Linden within 18 months. Provide aesthetic planting, planter boxes subject to Design Review. Subject to review in 18 months. Subject to conditions by Design Review° Janet Williams seconded the motion. Roll call vote: Nelson, yes; Quick, yes; Allen, yes; Williams, yes; Stalder, yes; Parrish, yes; Anderson, yes° OTHER BUSINESS: 1. M. & M. Investments, Mark and Matt DeVisser, waiver of platting on lots 9 and 12, Boise Payette Tracts. Chairman Anderson asked to step down as he had a conflict of interest. LeRoy Quick assumed the chairmanship. Commission members discussed the curb, gutter and sidewalk requirements that would apply on Valenty Road, as the building would be on the Chubbuck Lumber parking lot back to Valenty Road° Ron Nelson made motion to recommend to the City Council for their approval the waiver of platting on Lots 9 and 12, Boise Payette tracts, for M. & M. Investments, with the stipulation that Lot 9 have sidewalk, curb and gutter installed on Valenty Road. Dee Sta!der seconded the motion, with all commission members voting in favor. Chairman Anderson resumed at 10:25 p.m. Doroth~ L./ard,V~ecretary the Ail voted in favor. chairraanship. Motion made to adjourn ',~ thair~an FINDMGS OF FACT, QONCTMIONS OF LAW AND ORDER This matter having cm a before the c mtission for public hearing pursuant to public notice as required by law, on , 19_g4 upon applicant's application for Change in Land Use District/ ti fib/ as follows: Change of Land Use District to rPnera 1 RPG i runt i a 1 (R-2) Property is presently zoned Industrial (T) in part and General Residential. West of Whitaker Road, west and north of the El Cielito Reception Iocation: Center, east of the Union Pacific Railroad ri Qht-r)f-wa= , south of Siphon road Applicant: SKS Development WI. I N._ �; aro 4r 1. Applicant has applied for: Change in the land use district of above described property. 2. The existing land uses in the area are: to the north, Agricultural to the east, Residential. Agricultural to the south to the wast, gricu ural. Railroad 3. That the Comprehensive Plan designates this area as Industrial (I) 4. That the existing zoning of the property is Industrial (I) in part and 5. That all legal requirements for notice of the Public hearing have been fulfilled. 6. Owners of adjacent property u AI&ve not expressed approval of the application. 7. Relevant criteria and standards for construction of this application are set forth in 1 mn U s e G- rd }-n - - B. The facts relevant to an evaluation of the relevant criteria in standards are as follows: B• Lank ane-QSS i -n Rai l road for- 41 4169. C. r'�++� Stant with c»rx4g), nr7 i ng area use D. Tni9li z -^i al innnnci Stant cgi th area E. S. G. H. I. conclusions of Law 1. The use for which the permit is sought will/} $ W i 0 /// injurious to the neighborhood or otherwise detrimental to the public health, safety�or welfare. 2. The permit sought will/AOR /r}qt/ pFgc} p--/ an adverse impact on the econanic values of adjacent properties. 3. The permit sought will/f4/ pompe/ a negative impact on transportation facilities, public utilities, schools, public parks, or the natural environment any greater than had the strict terns of the Land Use ordinance been satisfied. 4. The noise and traffic conditions generated by the use for which the permit is sought, when analyzed in conjunction with the noioe and traffic conditions now existing in the vicinity does/40pp/Ap#gate that the permit should be denied. 5. The use for which the permit is sought �/ � // an unreasonable hardship upon surrounding Property of the land. legal nature or by the impact of changes made in the landscape 6. The aesthetic qualifies of the proposed use wi-11/**]N X* conflict with the aesthetic qualities of the surrounding lands. 7. The applicant has/WWWb'AhOwn that he has taken all reasonable steps to CMIply with the strict terms of the ordinance. 8. Adverse u%mct on other development within the City will/W01- T19#z be minimized by the applicant's use sought by the permit. 9. 10. 11. The requested cand.itional use permit should be granted, subject to the conditions, if any, set forth hereinafter. r''011 Decision & order The Land Use & Develognent Canni.ssion, pursuant to the foregoing, finds that tbe,quest of SKS neve 1 oument for a change in the land district should be J /i'J A01 Alq /� 1SDW3//� COMMONS n Notion by: LeRoy S. Quick , seoonded by H. Dee Stalder to adopt the foregoing Findings of Fact, Conclusions of Law and Order. Commissioner Parrish • C omissioner Stalder Ccnmissioner Williams Conmissioner Robert Allen Con dssioner Quick Conmissioner Nelson Commissioner Anderson Voted �_ Voted Ye s Voted -N - Voted Ye s Voted v Voted Yes Voted Yes 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 asurequirepon d by law, on December 6 ► 4_ application of Randy Kress , DBA I A""o'er l' a Lame Sales (hereinafter referred to as '=applicant") for a conditional use permit to allow him to place amobIle- refine to be used a_s_an ofil�-46:7 Yell , on the real property located at 4674 Yello*wstnne Chu buck, Idaho ' 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. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned C_,;2 or General Commercial pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as �e Commercial 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 6. The existing neighboring land uses in the immediate area of this property are: To the north, Residentai to the south, v ' to the east C to the west c 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. Consistant with area „ca And r B. C. D. E. F. G. n H. B. Owners of adjacent property have / have not expressed approval of the issuance of the requested conditional use permit. 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 / will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought will / 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 095?, -p / does not indicate that the permit should be denied. 5. The use for which the permit is sought 040f / 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 / wAAJ/ A6k/ conflict with aesthetic qualities of the surrounding lands. 7. The adverse impact of the proposed use on other development within the City has / JOW/#c/V been minimized by Applicant as much as is reasonably possible. 8. 9. 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 / q4gVVd/rzcJ# 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 Proper set back on Yellowstone Avenue 2 Hard surface parking lots for minimum of thrPa 3 Sidewalk curb and gutter along East rindan AvPnu,- — within 18 months. 4 Provide planter boxes subject to Desian Review - 5. Subject to review in 18 months 6 Condition subject to design review request. 3. The Conditional Use Permit requested by the Applicant is / is not granted, subject to the foregoing conditions. DATED this tith day of 198_. LAND USE AND DEVELOPMENT COMMISSION A /i By: Motion by Sue Parrish • seconded by Janet Williams , TO adopt the foregoing Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Commission Member Robert Allen Janet Williams Vote yes yes yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIONS - Page 4 e -IN Dee- Sue Parrish Pete Anderson FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 5 ll' J yes Yes • M M ;DID91 • ' I� •• • FINDMG.S OF FACT, CONCTMIONS OF LAW AND ORDER This matter having cane before the cmmission for public hearing pursuant to public notice as required by law, on December 6 , 19 84 upon applicant' s application for #eOrK'VW Amit to Cmprehensive Plan/Ob itj dOrAV 02V t/ A�J, as follows: West of Whitaker Road, west and north of the El Cielito Reception Location: Center, i -act of t-hc TTn i nn Par -i gi a $aj3r'®ad- rich -of -way, Routh of �c..,.,., Siphon Road Applicant: cuC Tlarc l nnmont --- -- 2. The existing *+g land uses in the area are: to the north, A gr i r,,1 ry, r a 1 i to the east. Ra-,idant-J al r Agrir-iiltiiral and School i to the Thr Rcgl(IPni-ial 1 to the West, A{iri mil tiiraI � Rai 1 rnad 3. That the canprehmmive Plan designates this area as T n d „ s t r i a_( T ) 4. That the existing zoning of the property is T n d t i s t r i a 1 (T) 5. That all legal requirements for notice of the public hearing have been fulfilled. 6. Owners of adjacent Property/oqm�ve not expressed approval of the application. 7. Relevant criteria and standards for construction of this application n are set forth in Land Use Ordiance 8. The facts relevant to an evaluation of the relevant criteria in standards are as follows: A. B. C. D. Industrial inconsistant with surrounding area n E. S. G. H. I. conclusions of Law n 1. The use for which the permit is sought willAA4/ be injurious to the neighborhood or otherwise detrimental to the Public health, safety -or -welfare. 2. The permit sought will/fayi4/PFOduce an adverseimpacton the economic values of adjacent properties- 3. roperties.3. The permit sought will/JwWY PXgduoe a negative impact on transportation facilities, public utilities, schools, public parks, or the natural t any greater than had the strict terms of the Land Use Ordinance been satisfied. 4. The mise and traffic cmditicns generated by the use for which the permit is sought, where analyzed in cmjunc:tion with the nice and traffic conditions . now existing in the vicinity does/dp$*/rkcYt indicate that the permit should be denied. 5. The use for which the permit IS sought shall/s)*XilAft work an unreasonable hardship upon surrounding ProPertY miners by virtue of the legal nature or by the impact of changes made in the landscape of the land. 6. The aesthetic qualifies of the proposed use wi.11/Iw`iU/*W conflict with the aesthetic qualities of the surrounding lands. n 7. The applicant has/ ,dib//that he has taken all reasonable steps to coply with the strict terns of the ordinance. 8. Adverse k%)act on other development within the City will/w}�Y /nb�1 be minimized by the applicant's use sought by the permit - 9. 10. 11. The requested cenditional use permit should be granted, subject to the conditions, if any, set forth hereinafter. c Decision & Order The Land Use & DevelopmP.nt Catmission, pursuant to the foregoing, finds that the -request of SKS Development for a change of the comprehensive plan o e i ck should be aPP�ii]i #�9 Iii911�9,s/f / O%�J�JT7�9TT DyT TrIONS Mot -ion by: H. Dee Stalder`/ Janet Williams , seoonded W to adopt the foregoing Findings of Fact, Conclusions of Law and Order. Co[t'i[LiSSioner Nelson • Ccnmi.ssioner Quick Ccmnissicner Robert Allen Canmissioner Williams Ccnudssioner Stalder CotTLissioner Parrish Commissioner Anderson Voted ve s Voted ye s Voted ye s Voted ye s Voted ye s Voted ye s Voted yes