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Home My WebLink AboutLeman Whited . ; CITY OF CHUBBUCK CITY COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter having come before the City Council for public hearing pursuant to public notice as required by law, on October 8, 1991, upon the application of Leman Whited (hereinafter referred to as "applicant") for a change in land use district for the real property described on Exhibit "A" hereto from R-2 or Limited Residential to C-2 or General Commercial and the City Council having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT 1. Applicant has applied for a zone change from R-2 to C-2 for the real property more particularly described on Exhibit "A" hereto. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned R-2 or Limited Residential pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as C-2 or General Commercial in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in the Comprehensive Plan in Sections B, B(5) , B(6) and B(8) and in Idaho Code Sections 67-6502 and 67-6508. 6. The requested change in land use district is not in conflict with the provisions of existing zoning regulations or the duly adopted Comprehensive Plan of the City of Chubbuck. 7. The property in question is suitable for the proposed land use district, and such uses would be compatible with existing land uses in the area. 8. Some owners of adjacent properties have expressed approval of the proposed change in land use district and some have not. 9. The requested zone change is reasonable to provide orderly development of the City, and to promote economic values and will be detrimental to the public health, safety, and welfare. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck10. 107 $V1 10. It is in the best interests of the public that the proposed change in land use district be granted. \..., BASED UPON THE FOREGOING FINDINGS OF FACT, the Chubbuck City Council hereby enters the following: CONCLUSIONS OF LAW 1. The requirements of Idaho Code Section 67-6509 (d) have been met. 2. The proposed change in land use district is reasonable and necessary to provide orderly development of the City, and to promote economic values, and is not inconsistent with or detrimental to the public health, safety, and welfare. 3 . The proposed change in land use district is consistent with the provisions of the Comprehensive Plan and Land Use Ordinance of the City of Chubbuck and the Local Planning Act of 1975, as codified in Chapter 65 of Title 67 of the Idaho Code. 4. The requested change in Land Use District should be granted. DECISION Upon motion, made and seconded, the City Council, by \...• majority vote grants the application for a change in Land Use District to designate the land described on Exhibit "A" as C-2 General Commercial. DATED this 23rd.day of OCTOBER , 1991. r.- , . i / I ohn 0. Cotant, r. Mayor City of Chubbuck ATTEST: , Ron C. Conlin, City Clerk \,.., FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck10. 107 • CITY OF CHUBBUCK CITY COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter comes before the Council on October 8, 1991 from an Appeal of the Land Use and Development Commission upon the application of Leman Whited (hereinafter referred to as "applicant") for a conditional use permit to park construction equipment and vehicles on the real property located at 207 Briscoe Road, Chubbuck, ID 83202 and the Council having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT 1. Applicant has applied for a conditional use permit as particularly described above. 2. All legal requirements for this appeal have been met. 3 . The property in question is zoned R-2 pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as C-2 in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in Chubbuck Code § 18. 28. 040. 6. The Land Use and Development Commission granted the conditional use below and the interested party appeals that decision. 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. The Council has voted to change the Land Use District from R-2 to C-2 . B. The property has been used for the proposed use for the past 11 years; the owners have been misadvised by a realtor that such use was allowed. C. A significant number of the neighbors support the proposal. D. Applicant proposes to mitigate the impact on the neighbor across the road who does not approve of the proposal. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck10. 103 BASED UPON THE FOREGOING FINDINGS OF FACT, the City Council 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. 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 conditions now existing does not 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. 7. The adverse impact of the proposed use on other development within the City has been minimized by Applicant as much as is reasonably possible. 8. Some owners of adjacent property have expressed approval of the issuance of the requested conditional use permit and some have not. 9. The requested conditional use permit, if granted, should be maintained subject to the conditions set forth below. DECISION 1. The City Council, pursuant to the foregoing, finds that the decision of the Land Use and Development Commission should be affirmed as modified. 2 . The following conditions, if any, are hereby 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 DECISION - Page 2 dsc chbbck10. 103 1. The proper buffer or screening be provided as per ordinance. 2. A sealing or some kind of dust control method for the graveled surface be provided. 3. Those areas not to be used for driveways or equipment parking be planted in some type of grass or ground cover and be maintained. 4. A six foot wood fence be built on the north side of the work area with the actual location to be determined by Applicant and proper screening on the east and south sides be provided. 5. That the time frame for completion is: A. Wood fence on north side of the work area by May 30, 1992; B. Pasture be planted by May 30, 1992; C. Driveway graveled by May 30, 1993 ; and, D. Work lot graveled by November 30, 1993. 6. The pasture be kept watered. 7. All the necessary visual clearance requirements of City ordinances be met. 8. The forty foot buffer area for south and east side of the property be done upon granting of the conditional use permit and the fence be completed as per the time frame listed. 3 . The Conditional Use Permit requested by the Applicant is granted, subject to the foregoing conditions. Applicant's plan is attached as an Exhibit and incorporated by reference. DATED this 22nd.day of October, 1991. CITY OF CHUBBUCK By: 11041aZi-'t YOR ATTEST: / - CITY CLERK FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck10. 103 EE) ii DE )rz - >, _ _ tv a2//5/ X 2/001 °£t ? 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