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HomeMy WebLinkAboutWhitaker Farm Association CITY OF CHUBBUCK 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 January 11, 1994, which hearing was continued to March 8, 1994, upon the application of Whitaker Farm Association, a limited partnership, (hereinafter referred to as "applicant") for a Planned Unit Development review of a preliminary plat and approval of a preliminary development plan on the real property located at 4915 Whitaker Road and from an appeal of the granting of a Conditional use Permit for a Planned Unit Development by the Land Use and Development Commission 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 notice of public hearing and for the appeal of the granting of the conditional use permit have been met. 3. The property in question is zoned Limited Residential (R-2) and Industrial (I), pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as Limited Residential (R-2) and Industrial (I) 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 Idaho Code section 67-6512 and in Chubbuck Municipal Code section 18.28.040 (C). 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. This ground has a mixed use with approximately 300 feet next to the railroad tracks being zoned Industrial (I) and the remainder being zoned Limited Residential (R-2). Those are generally incompatible mixes, since they are at extreme ends of the development scale. B. In public hearings concerning the possibility of amending the Comprehensive Plan to eliminate the proposed local street, the opposition to said FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 1 dsc chbbck02.097 \ 6 t • 4 plan has been heavy and the Council has voted not to amend the Plan to eliminate the proposed local street. C. It appears the road should be left in and any planning for this development would necessitate maintaining an access for a road to the north. D. Evidence has been presented by the applicant as well as by the residents opposed indicating that the project would not decrease the value of the neighboring property so long as an access road to Chubbuck was obtained. Those opposed have presented evidence the project would decrease values. E. Applicant has entered into an agreement with the owner of the property to the south bordering Chubbuck Road, Jolene Hutchinson, which would allow applicant to run a road out to Chubbuck as well as to Whitaker. F. Evidence presented by City staff indicates the sewer capacity for the area is under utilized. G. Evidence presented by Don Galligan of Bannock Planning Organization indicates the traffic impact upon Whitaker Road would not be adverse. Mr. Galligan's study did not take into account the proposed access out to Chubbuck, which would further lessen the impact on Whitaker Road. H. The Planned Unit Development Ordinance does allow to town houses so long as there are no more than eight town house units in any contiguous group. I. The Comprehensive Plan of the City encourages infill of development, blending of compatible uses of surrounding development and the Planned Unit Development Ordinance, Section 18.20.010 encourages patterns of open space, increased density and reductions in lot dimensions, yard setbacks and area requirements to allow a variety of housing and structure types. J. Town houses are a permitted use within a planned unit development under the Chubbuck City ordinance. K. If a PUD was not utilized, a differing mixture of uses could be allowed in both the R-2 and Industrial areas, which could have a more severe impact upon the area. L. Large acreages tend to lead to problems with failure to keep the weeds down. M. Large lots tend to be more costly to the City for providing services than smaller lots. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 2 dsc chbbck02.097 N. The density of this project, as compared to the surrounding area, could be mitigated by enclosure of the property with a solid fence and is offset by the use of common area as outlined and required for a planned unit development. O. Applicant's plan has sufficient use of landscaping, streetscape, open spaces and pedestrian way treatment and some recreational areas; makes efficient use of siding, visual focal points, use of view, sun and wind orientation, variation in building setbacks and building groupings; and sufficient design features, architectural style and parking areas broken by landscaping features to qualify for an increase in density of 15%© pursuant to Chubbuck Municipal Code section 18.20.080 (A), (B), and (C). P. Applicant's plan has been amended to include a path around the property, which would be used for recreation. Additionally, the Home Owner's Association and covenants would prevent backyards from being fenced. Q. Applicant's plan allows for infill of a vacant and under utilized piece of property lying within the city limits. BASED UPON THE FOREGOING FINDINGS OF FACT, the 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 exiting 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 natures 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 3 dsc chbbck02.097 7. The adverse impact of the proposed use on other development within the City needs to be minimized by Applicant as much as is reasonably possible and is with the conditions imposed below. 8. Owners of adjacent property have expressed disapproval of the issuance of the requested conditional use permit. 9. Applicant's plan satisfies the criteria of Chubbuck Municipal Code section 18.020.080 to earn a 15% increase in density. 10. The requested conditional use permit should be granted 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 and the request of Applicant approved. 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: A. Density is to be calculated on the basis of an (R-2) calculation finding that because it is residential area that fits Chubbuck's Limited Residential (R-2) zoning as opposed to the single family residential (R-1) zoning. B. The (R-2) density formula should be generally applied to this project by taking the gross land area, subtracting from that the street, which would include not only the asphalt, but the curb, gutter, sidewalk, the storage area buildings and road. The net area would have subtracted from it 6000 sq. feet for each of the separate free standing structures, which presented at the hearing would be 17. After subtracting, the remaining amount would be divided by 2,500 sq. feet which is (R-2) calculations. C. The entire area except the storage unit area would be surrounded by solid six foot fence, with the fence to be designed to tie in with the character of the planned unit development. The fence to run as close to Whitaker Road as is allowed by site triangle restrictions. D. The solid fence will be continued out on both sides to Whitaker Road to buffer the surrounding residential area. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 4 dsc chbbck02.097 E. The developer shall present a plan to keep, but reduce the size of the landscaping in middle going to Whitaker Road so as to minimize the impact to the two adjacent homes. F. The developer shall provide in master plan a stub out to the north, to preserve the potential corridor in event the proposed local street stays in the comprehensive plan when finalized. G. The access to Chubbuck Road will be developed prior to the completion of 50% of the project. H. Property will be purchased for access to Chubbuck Road within the one year option period. I. Proof of that purchase will be presented to the City, if 50% development has not been attained at that time. J. It is required the stub be provided for the continuance of the road called for in the comprehensive plan to the north. K. The proposed reduced street width for the road to Chubbuck as per Mr. Jensen's sketch will be used; i.e., the 30' pavement section with the 20' landscaped area to the west, the landscaped area to the east with curb, gutter and sidewalk on the west side also, parking on the west side. 3. The Conditional Use Permit requested by the Applicant is granted, subject to the foregoing conditions and the ' liminary Plat and Preliminary Development Plan -?Ad DATED this — day of j" ' , 1994. CITY e CHUBBUCK 1/1 401P7 By: /1 AYOR ATTEST: 471 C. al/(AX1 CITY CLERK FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 5 dsc chbbck02.097 CITY OF CHUBBUCK 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 January 11, 1994, which hearing was continued to March 8, 1994, upon the application of Whitaker Farm Association, a limited partnership, (hereinafter referred to as "applicant") for a Planned Unit Development review of a preliminary plat and approval of a preliminary development plan on the real property located at 4915 Whitaker Road and from an appeal of the granting of a Conditional use Permit for a Planned Unit Development by the Land Use and Development Commission 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 notice of public hearing and for the appeal of the granting of the conditional use permit have been met. 3. The property in question is zoned Limited Residential (R-2) and Industrial (I), pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as Limited Residential (R-2) and Industrial (I) 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 Idaho Code section 67-6512 and in Chubbuck Municipal Code section 18.28.040 (C). 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. This ground has a mixed use with approximately 300 feet next to the railroad tracks being zoned Industrial (I) and the remainder being zoned Limited Residential (R-2). Those are generally incompatible mixes, since they are at extreme ends of the development scale. B. In public hearings concerning the possibility of amending the Comprehensive Plan to eliminate the proposed local street, the opposition to said FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 1 dee chbbc1c02.097 \ O plan has been heavy and the Council has voted not to amend the Plan to eliminate the proposed local street. C. It appears the road should be left in and any planning for this development would necessitate maintaining an access for a road to the north. D. Evidence has been presented by the applicant as well as by the residents opposed indicating that the project would not decrease the value of the neighboring property so long as an access road to Chubbuck was obtained. Those opposed have presented evidence the project would decrease values. E. Applicant has entered into an agreement with the owner of the property to the south bordering Chubbuck Road, Jolene Hutchinson, which would allow applicant to run a road out to Chubbuck as well as to Whitaker. F. Evidence presented by City staff indicates the sewer capacity for the area is under utilized. G. Evidence presented by Don Galligan of Bannock Planning Organization indicates the traffic impact upon Whitaker Road would not be adverse. Mr. Galligan's study did not take into account the proposed access out to Chubbuck, which would further lessen the impact on Whitaker Road. H. The Planned Unit Development Ordinance does allow town houses so long as there are no more than eight town house units in any contiguous group. I. The Comprehensive Plan of the City encourages infill of development, blending of compatible uses of surrounding development and the Planned Unit Development Ordinance, Section 18.20.010 encourages patterns of open space, increased density and reductions in lot dimensions, yard setbacks and area requirements to allow a variety of housing and structure types. J. If a PUD was not utilized, a differing mixture of uses could be allowed in both the R-2 and Industrial areas, which could have a more severe impact upon the area. K. Large acreages tend to lead to problems with failure to keep the weeds down. L. large lots tend to be more costly to the City for providing services than smaller lots. M. The density of this project, as compared to the surrounding area, could be mitigated by enclosure of the property with a solid fence and is offset by the use of common area as outlined and required for a planned unit development. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 2 dsc chbbc1c02.097 N. Applicant's plan has sufficient use of landscaping, streetscape, open spaces and pedestrian way treatment and some recreational areas; makes efficient use of siding, visual focal points, use of view, sun and wind orientation, variation in building setbacks and building groupings; and sufficient design features, architectural style and parking areas broken by landscaping features to qualify for an increase in density of 15% pursuant to Chubbuck Municipal Code section 18.20.080 (A), (B), and (C). O. Applicant's plan has been amended to include a path around the property, which would be used for recreation. Additionally, the Home Owner's Association and covenants would prevent backyards from being fenced. P. Applicant's plan allows for infill of a vacant and under utilized piece of property lying within the city limits. BASED UPON THE FOREGOING FINDINGS OF FACT, the 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 exiting 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 natures 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 needs to be minimized by Applicant as much as is reasonably possible and is with the conditions imposed below. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 3 dsc chbbck02.097 8. Owners of adjacent property have expressed disapproval of the issuance of the requested conditional use permit. 9. Applicant's plan satisfies the criteria of Chubbuck Municipal Code section 18.020.080 to earn a 15% increase in density. 10. The requested conditional use permit should be granted 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 and the request of Applicant approved. 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: A. Density is to be calculated on the basis of an (R-2) calculation finding that because it is residential area that fits Chubbuck's Limited Residential (R-2) zoning as opposed to the single family residential (R-1) zoning. B. The (R-2) density formula should be generally applied to this project by taking the gross land area, subtracting from that the street, which would include not only the asphalt, but the curb, gutter, sidewalk, the storage area buildings and road. The net area would have subtracted from it 6000 sq. feet for each of the separate free standing structures, which presented at the hearing would be 17. After subtracting, the remaining amount would be divided by 2,500 sq. feet which is (R-2) calculations. C. The entire area except the storage unit area would be surrounded by solid six foot fence, with the fence to be designed to tie in with the character of the planned unit development. The fence to run as close to Whitaker Road as is allowed by site triangle restrictions. D. The solid fence will be continued out on both sides to Whitaker Road to buffer the surrounding residential area. E. The developer shall present a plan to keep, but reduce the size of the landscaping in middle going to Whitaker Road so as to minimize the impact to the two adjacent homes. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 4 dsc chbbck02.097 • . F. The developer shall provide in master plan a stub out to the north, to preserve the potential corridor in event the proposed local street stays in the comprehensive plan when finalized. G. The access to Chubbuck Road will be developed prior to the completion of 50% of the project. H. Property will be purchased for access to Chubbuck Road within the one year option period. I. Proof of that purchase will be presented to the City, if 50% development has not been attained at that time. J. It is required the stub be provided for the continuance of the road called for in the comprehensive plan to the north. K. The proposed reduced street width for the road to Chubbuck as per Mr. Jensen's sketch will be used; i.e., the 30' pavement section with the 20' landscaped area to the west, the landscaped area to the east with curb, gutter and sidewalk on the west side also, parking on the west side. 3. The Conditional Use Permit requested by the Applicant is granted, subject to the foregoing conditions and the Preliminary Plat and Preliminary Development Plan DATED this ald day of , 1994. Chaird- Use and Development Commission FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 5 dsc chbbck02.097