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HomeMy WebLinkAbout006 01 00LAND USE AND DEVELOPMENT COMMISSION June 1, 2000 Minutes of the regular meeting of the Land Use and Development Commission held in the City Municipal Building June 1, 2000 Present: Chairman Pete Anderson, Commission Members: Mary Harker, Nolan Briscoe, Myrna Cain, Ray Rosen, Wally Wright; Council Representative, Kent Kearns; Attorney Tom Holmes; City Staff Steve Smart: and Secretary Myma Crapo. Acting Chairman Ray Rosen called the meeting to order at 8:00 PM. Acting chairman Ray Rosen asked for approval of the April 6, 2000 minutes. Mary Harker moved to approve the minutes as submitted, Nolan Briscoe seconded the motion. All voted in favor. Acting Chairman Ray Rosen asked if any commission member had a conflict of interest. There was none. Chairman Anderson joined the meeting at 8:03 PM. PUBLIC HEARING: 1. An application by C.L.C. Associates, Inc. 8480 E. Orchard Road #2000, Englewood, Co 80111 for a change of land use district south of Interstate 86 and East of Hawthorne Rd. adjacent to the Pine Ridge Mall to C-2 (General Commercial). Property is presently zoned Agricultural (A). Chairman Anderson asked for staff comment. Steve Smart explained that they were in compliance with the Comprehensive Plan and the staff had no problems. Robin Salvagio, 8480 E. Orchard Road, Englewood, Colorado said they were requesting a change of land use district so they could do a commercial development. The site plan was modified slightly since mailed out to the commission. The meeting was opened for public comment. There was no public comment so the hearing was closed and turned back to the commission for their discussion and a motion. Wally Wright moved to approve the zone change from Agriculture to C-2 that parcel of land which is identified as south of Interstate 86 and East of Hawthorne Road adjacent to the Pine Ridge Mall. Myma Cain seconded. Roll call vote: Ray Rosen, yes; Wally Wright, yes; Myma Cain, yes; Mary Harker, yes; Nolan Briscoe, yes; Pete Anderson, yes. Land Use and Development June 1, 2000 Page 2 GENERAL BUSINESS: 1. Discussion of Cellular Tower Ordinance - Tom Holmes explained the changes. The commission discussed: 1. Requiring them in Industrial zones 2. Changes in requiring it to be built to 100 foot height. 3. Certain types of towers being permitted in Residential areas. 4. Postpone the public heating for a month. Mary Harker moved to advertise for a public hearing in July. Myma Cain seconded. in favor. . /--,,, Wally Wright moved to adjourn. Nola~d. Pe[e Andersot~n,, Chairman All voted M~Secreta~~ CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION 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 June 1, 2000, upon the application of C.L.C. Associates, Inc. (hereinafter referred to as "applicant") for a change in land use district for the real property described on Exhibit "A" hereto from A or Agricultural to C-2 or General Commercial, 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 A 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. n 3. The property in question is zoned A or Agricultural pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as C-2 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. Owners of adjacent properties have not expressed approval or disapproval of the proposed change in land use district. 9. The requested zone change is reasonable to provide 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 chubbuck0l/205 11—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 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. 5. Takings. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the n 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 chubbuck01i205 NMQ DECISION It is recommended that the application for a change in land use district to designate the land described on Exhibit "A" be granted by the City Council. DATED this ' day of M Qin, , 2Q01. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 chubbuck01/205 Use and Development Commission