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HomeMy WebLinkAbout002 03 00LAND USE AND DEVELOPMENT COMMISSION February 3, 2000 Meeting of the regular meeting of the Land Use and Development Commission held in the City Municipal Building February 3, 2000. Present: Chairman Pete Anderson, Commission Members: Mary Harker, Wally Wright, Dusty Whited, Nolan Briscoe; Council Representatives: Kent Keams, City Staff: Larry Kohntopp; and Secretary Myma Crapo. Chairman Anderson called the meeting to order at 8:00 PM. Chairman Anderson asked for approval of the December 2, 1999 minutes. Wally Wright moved to approve the minutes with the correction of his name being added to those who were present; Mary Harker seconded. All voted in favor. PUBLIC HEARING: 1 .An application by Gary Ratliff, 3960 S. 2nd Ave, Pocatello, ID 83201 for a Change in the Comprehensive Plan from Industrial (I) to Dense Residential (R-4) and a change of Land Use District, to Dense Residential (R-4) for northerly 6.1 acres of 306 E. Chubbuck Road, Property is presently zoned Industrial (I). Chairman Anderson asked for additional comments from City Staff Larry Kohntopp. Gary Ratliff, 3960 S. 2nd Avenue, told the commission that Lot 4 of his subdivision would be better as R-4 then as Industrial, since it was in the middle of the city. They will probably build 4-plex's. The commission discussed: 1. Having a development so close to the railroad tracks and the liability to the city. Chairman Anderson opened the meeting to public comment. There was none. The public hearing was closed and brought back to the commission for a discussion. Paul Jensen, 124 N. Garfield, Would like to have both sides of the track consistent. He wonders if it will be changed all along there. The commission discussed: 1. The closeness of Frasures Industrial Park to the development. 2. The land surrounding the area being Industrial. 3.4-plex's being permitted in an Industrial area. Gary Ratliff, 3960 S. 2nd Avenue, The commission asked Mr. Ratliff if he was aware they could have apartments in this area without changing the zoning. Mr. Ratliff feels it would be nicer to have apartment in there. Land Use and Development Commission February 3, 2000 Page 2 The commission discussed: 1. Staying with the comprehensive plan 2. Having to apply for a conditional use if the plan is not changed. Gary Raliff, 3960 S. 2nd Avenue, he would put up a screening fence to prevent children from getting to the Railroad tracks. Mary Harker moved to recommend to the city council approval of the change of the comprehensive plan from Industrial (I) to Dense Residential (R-4) for the northerly 6.1 acres of 306 E. Chubbuck Road. Nolan Briscoe seconded. Roll Call Vote: Nolan Briscoe, yes; Wally Wright, yes; Pete Anderson, no; Mary Harker, yes; Dusty' Whited,yes. Mary Harker moved to recommend to the City council approval of the change of zoning from Industrial (I) to Residential (R-4) for 306 E. Chubbuck Road for purposes of complying with the changes of the proposed comprehensive plan. Nolan Briscoe seconded the motion. Roll call vote: Nolan Briscoe, yes; Wally Wright, yes; Pete Anderson, no; Mary Harker, yes; Dusty Whited, yes. 2. An application by the City of Chubbuck, 5160 Yellowstone to change the Comprehensive Plan for 4200 -4700 Block, East side of Hawthorne Road, the comprehensive Plan Future Land Use is C-1 & R-4 for this area and the proposed change is C-2, General Commercial. Property is presently zoned Agricultural (A). The commission discussed the reason why the city was requesting this change. Chairman Anderson opened the meeting for public comment. There was none. The public hearing was closed and brought back to the commission for a discussion. Wally Wright moved to recommend to the city council approval of the application by the City of Chubbuck, 5160 Yellowstone to change the Comprehensive Plan for 4200-4700 Block, East side of Hawthorne Road, to C-2 General Commercial. Property is presently zoned Agricultural (A). Mary Harker Seconded. Roll call vote: Nolan Briscoe, yes; Wally Wright, yes; Pete Anderson, yes; Mary Harker, yes; Dusty Whited, yes. Land Use and Development February 4, 2000 Page 3 GENERAL BUSINESS: 1. Discussion of Designated Geographic Area Process. Larry Kohntopp read from the ordinance concerning a conditional use being required. The commission discussed: 1. Having the original plat showing twin lot lines, etc. The commission decided to have Tom Holmes include designated areas as public hearing items, with a conditional use permit. Mary Harker moved to adjourn; with Dusty ie ~nde s~r~o~. f9:10 PM. Chairman M~l~O, Secretary ~- CITY OF CHUBBUCK LAND USE AND DEVELOPMENT CONMSSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter having come before the Land Use and Development Commission for public hearing pursuant to public notice as required by law, on February 3, 2000, upon the application of Gary Ratliff (hereinafter referred to as "applicant") for a change in land use district and change in Comprehensive Plan for the real property described on Exhibit "A" hereto from I or Industrial to R-4 or Dense Residential, and the Land Use and Development Commission 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 I to R-4 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 I or Industrial pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as Industrial in the duly adopted Comprehensive Plan of the City of Chubbuck, but R-4 districts are allowed in commercial areas (C-1 and C-2). 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 and Comprehensive Plan 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. Owners of adjacent properties have not expressed approval or disapproval of the proposed change in land use district. 9. The requested zone change and Comprehensive Plan change is reasonable to provide 11-., orderly development of the City, and to promote economic values and will not be detrimental to the public health, safety, and welfare. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 blj chubbuck01.204 n 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 Land Use and Development Commission 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 and Comprehensive Plan 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 would be 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, if the Comprehensive Plan is amended. 4. The requested change in Land Use District and change in Comprehensive Plan should be granted. 5. Takings. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: A. This Action does not result in a permanent or temporary physical occupation of private property. B. This Action does not require the property owner to dedicate a portion of the property or to grant an easement. C. This Action does not deprive the owner of the property of all viable uses of the property. D. This Action does not have a significant impact on the landowner's economic interest. E. This Action does not deny a fundamental attribute of ownership. F. This Action does not serve the same purpose that would be served by directly prohibiting the use or action; nor does the condition imposed substantially advance such purpose. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 blj chubbuck01.204 DECISION It is recommended that the application for a change in land use district and change in Comprehensive Plan to designate the land described on Exhibit "A" be granted by the City Council. DATED this 231 day of �\Q , 11i— , 2001. Use and Development Commission FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 blj chubbwk01.204