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HomeMy WebLinkAbout011 05 98LAND USE AND DEVELOPMENT COMMISSION November 5, 1998 Meeting of the regular meeting of the Land Use and Development Commission held in the City Municipal Building November 5, 1998. Present: Chairman Kent Kearns, Commission Members: Mary Harker, Pete Anderson, Gayle Anderson, Wally Wright, Myrna Cain; Council Representative Marvin Gunter; Attorney Tom Holmes; City Staff: Gerd Dixon, Larry Kohntopp and Steve Smart; Secretary Myrna Crapo. Chairman Kearns called the meeting to order at 8:00 PM. Chairman Kearns asked for approval of the October 1, 1998 minutes. Myrna Cain Moved to approve the minutes with Gale Anderson seconding. All voted in favor. Chairman Kearns asked if any of the commission members had a conflict of interest. Attorney Tom Holmes office has worked for the applicant of#2 and #3. PUBLIC HEARING: 1. An application by Gene Hancock and Larry. Herrud, 12367 N. Hawthorne Road, Pocateilo, Idaho for a preliminary plat for The Willows Subdivision. A Subdivision located between The Church of Jesus Christ of Latter Day Saints and Cottonwood Cove on Quinn. Gene Hancock, 12367 N. Hawthorne Road, they are doing a 4-plex on their lots and have added 6 one level units to meet handicap requirements. The access into the subdivision is from Quinn Road. The staff discussed: 1. The detention basins in front are 3 feet wide and down the middle are 1 feet deep. 2. The turning radius being adequate for the fire department. Chairman Kearns opened the meeting for public testimony in support of or opposition to the proposal. 1. Tony Kudla, 1077 W. Quinn Road asked to be able to look at the plan. His house is across the street from the corner of their property. He was concerned with traffic and asked about the lighting. After reviewing the plans, Mr. Kudla felt this was a better plan than the previous ones. They have started site work and he asked why. Gene Hancock, would like to be done by the 1~t of July. They want to start with the building as soon as possible. There are one four-plex less than the original plan. Pete Anderson wanted to commend the developer for the work he has done to make it look pleasing. Chairman Kearns closed the public testimony portion and brought it back to the commission for a discussion and a tnotion [,and Use Meeting Nove~nber 5, 1998 Page 2 Pete Anderson moved to recommend to the City Council approval of the preliminary plat of the Willows Subdivision. Wally Wright seconded. Roll call vote: Myrna Cain, yes; Wally Wright, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes and Gayle Anderson, yes. 2. An application by Heritage Development, P.O. Box 2684, Pocatello, Idaho, for a Change of Land Use District upon requested annexation, to Single Family Residential (R-l), for property, located at corner of Siphon Road and Whitaker iRoad. Property is presently zoned Agriculture (A). Chairman Kearns Combined items # 2 and #3. 3. An application by American Heritage, Inc., 609 West Maple, Pocatello, Idaho for a preliminm~y plat for 1st addition of Victorian Village Subdivision. A Subdivision located adjacent to Victorian Village and West of Ellis School on Whitaker. Tim Shurtliff, 426 West Lewis, there was some land swapping done with the adjacent owners. The lots are the same as Victorian Village addition. The 200' strip along Siphon Road is not involved Chairman Kearns opened the meeting to public testimony both for and against the application. Wayne Hale, 4825 Whitaker, asked if the zero lot homes are involved in this project. Chairman Kearns closed the public testimony and asked the developer to answer the questions. Tim Shirtluff, they have gone back to the R-1 zoning. Stait'Gerd Dixon: The northern lots are being considered as twin home lots. At the request of Dean Funk, Chairman Kearns reopened the Public Hearing. iDean Funk, 1749 S. Fairway owns the 200' adjacent to Siphon Road. He wanted to know what they would do with the irrigation on siphon. Steve Smart: Fort Hall doesn't even know at this time what they will to do to repair or replace it:.. Chairman Kearns closed the public testimony and brought it back to the commission for a discussion and a motion. Pete Anderson moved to recommend to the city council approval of the preliminary plat and an R- 1 zone designation upon requested annexation into the city. Mary Harker seconded the motion. Roll call vote: Myrna Cain, yes; Wally Wright, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes; Gayle Anderson, yes. Land Use Meeting November 5, 1998 Page 3 4. An ordinance of the City of Chubbuck adopting an area of city impact with Bannock County; adopting by reference ordinances and agreements which shall apply in said area. Chairman Kearns explained the reason for this application and the background. Chairman Kearns opened the meeting t~br public testimony in support of or opposition to the ordinance. There was none. Pete Anderson moved to recommend to the city council adoption of the ordinance. Wally Wright seconded. All voted in favor. 5. An ordinance of the City of Chubbuck adopting chapter 17.22 of the Chubbnck Municipal code to provide for which ordinances and comprehensive plan shall govern within the area of city impact, providing for enforcement of said ordinance. Attorney Holmes explained the reason for this ordinance. The conunission discussed the ordinance. Chairman Kearns opened the meeting for public testimony in favor of or opposition to the ordinance, there was none. The public portion of the meeting was closed and turned back to the commission for discussion and a motion. Pete Anderson moved to recommend to the city council adoption of this ordinance. Mary Harker seconded. All voted in favor. GENERAL BUSINESS: 1. A discussion on C-1 designation in schedule of land nses. The commission discussed. !. The scale of operation tbr C-1. 2. Function and design of the building and design of the land. 3. Using the strong design review committee 4. A conditional use being a better protection 5. Whitaker Road widening issue 6. Some of the items not permitted in C-1. The commission decided to leave the ordinance as it is, relying on the definition of C-1 which is: "The purpose of this district is to provide for small office uses and neighborhood scaled convenience business uses, which serve nearby residential areas. Some larger establishments may be conditionally permitted if compatible with adjoining uses. 2. A discussion on proposed ordinance to clarify massage by an untrained person as not being allowed. Attorney Tom Holmes explained the changes. Pete Anderson moved to publish this ordinance for the next meeting. Myrna Cain seconded the motion. All voted in favor of the motion. The c~~ed at9:20 PM. -~eni ~ns, Ch~irinan 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 November 5, 1998, upon the application of Heritage (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 R-1 or Single Family 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 A to R-1 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 lies outside the City limits but is designated as R -lin the duly adopted Comprehensive Plan of the City of Chubbuck. 4. 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. 5. 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. 6. 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. 7. Owners of adjacent properties have not expressed approval or disapproval of the proposed change in land use district. 8. 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. 9. It is in the best interests of the public that the proposed change in land use district be ^� granted. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck11.161 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 following findings with respect to the decision in this action: A. This Action does not result in a permanent or temporary physical AOOIN 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. 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck11.161 DATED this `J day of /�toyc , 1998. Chairm , Land Use and Development Commission FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck11.161