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
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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
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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
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Use and Development Commission