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HomeMy WebLinkAbout002 06 97 CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FEBRUARY 6, 1997 Minutes of the regular meeting of the Land Use and Development Commission held in the City Municipal Building February 6, 1997. Present: Chairman Kent Keams, Commission Members: Wally Wright, Ray Rosen, Mary Harker, Myma Cain, Pete Anderson, Gayle Anderson, Council Representative Steve England, Attorney Tom Holmes; City Staff Steve Smart, Larry Kohntopp and Gerd Dixon; secretary Myma Crapo. The meeting was called to order by Chairman Kent Keams at 8:00 PM. Chairman Kent Keams asked for approval of the minutes of the January 9th meeting. Wally Wright moved to approve the minutes as received, Gayle Anderson seconded. All voted in favor. Chairman Keams asked if any member had a conflict of interest with the item. There was none. PUBLIC HEARING: An application by Jeff Butler, 424 S. Johnson, Pocatello, Idaho for a Planned Unit Development (PUD); change in Land Use District to Dense Residential (R-4); conditional use permit and preliminary development plan with its accompanying preliminary plat for Western View Planned Unit Development at 311 West Chubbuck Road. The property is presently zoned General Commercial (C-2). Chairman Keams asked for additional comments from the staff. There was none. Jeff Butler, 424 S. Johnson, Pocatello; he intends to construct 2 4-plexes with garages on his property. He intends to keep it as a private road so he can monitor the traffic flow. The city will not need to maintain this road. He has appeared before the design committee previously. The fence line is incorrect and there was a discrepancy in the property line his neighbor has agreed to buy the land if this application is approved by Land Use Commission and Council. The commission discussed: 1. The placement of a fire hydrant. 2. The radius of the tums being 25' 3. Common Mailbox location. 4. The ditch being a problem 6. Building a sidewalk 7. Stop sign at the end of driveway 8. Zone change 9. Conditional use permit Chai~xnan Keams opened the public testimony for any opposition. John W. Aller, 222 W. Linden wanted to know if there would be a common area for recreation? What would the piped ditch cover? Mr. Aller would like an adequate fence put up to protect the children from the ditch and his property. Land Use and Development February 6, 1997 Page 2 Chairman Keams asked for testimony in support of this application, there was none. The public testimony portion of the meeting was closed and the meeting was brought back to the commission for a discussion and a motion. Jeff Butler, 424 S. Johnson, Pocatello, Idaho, He is not adjacent to Mr. Aller's property. He doesn't think that fencing his portion would make much of a difference. The common area will primarily be turf. The commission then discussed: 1. Will the city require the road to be up to city standards. 2. Landscaped areas for common area - combining the two common areas into one 3. Parking arrangement on the south 4. Home owners association documents on maintaining the property 5. Common area moved away form the dumpster for safety reasons. 6. Safety hazards on the canal Mary Harker moved to recommend to the city council the changing of zone from commercial to R-4 for the purpose of developing the property at 311 W. Chubbuck, Myma Cain seconded. Roll call vote: Ray Rosen, yes; Wally Wright, yes; Myrna Cain, yes; Pete Anderson, yes; Kent Keams, yes; Mary Harker, yes; Gayle Anderson, yes. Pete Anderson moved to grant the conditional use permit for the Planned Unit Development at 311 W. Chubbuck Road with the following conditions: 1. that the preliminary plat be revised to address the dumpster, and landscaped areas to provide a more useful use of the landscape areas. 2. That the parking at the SW Comer be looked at since one of the spots is of questionable use. 3. The city attorney review the property owner association documents prior to the granting of the PUD 4. A 6' high substantial fence be placed along the canal and that the type of material be reviewed prior to granting the PUD. Mary Harker seconded. Roll call vote. Ray Rosen, yes; Wally Wright, yes; Myrna Cain, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes; Gayle Anderson, yes. Pete moved that we recommend to the city council approval of the preliminary plat with the modifications that are part of the conditional use. Mary Harker. Roll Call vote: Ray Rosen, yes; Wally Wright, yes; Myrna Cain, yes; Pete Anderson, yes; Kent Keams yes; Mary Harker, yes; Gayle Anderson, yes. Wally moved to adjourn 8:50 PM. ~earns Chairman Myma ~rapo, Secretary \ CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION This matter having come before the Commission for public hearing pursuant to public notice as required by law, on February 6, 1997, upon the application of Jeff Butler (hereinafter referred to as "applicant") for a conditional use permit; planned unit development and preliminary development plan on the real property located at 311 W. Chubbuck Road and the 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 conditional use permit as particularly described above. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned General Commercial (C-2) pursuant to the Land Use n Ordinance of the City of Chubbuck. 4. The property is designated as General Commercial (C-2) 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 Code Chapter 18.20. 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Applicant will construct two four-plexes on the property. B. The road into the property would be private. C. John Allen, 222 W. Linden would like an adequate fence to keep children from the ditch and his property. D. This development will accomplish in full. BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following: FNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck08.131 153 CONCLUSIONS OF LAW 1. The use for which the permit is ought will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit south 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 existing 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 has been minimized by Applicant as much as is reasonably possible. 8. Owners of adjacent property have not expressed approval or disapproval of the issuance of the requested conditional use permit. 9. The requested conditional use permit, if granted, should be maintained subject to the conditions set forth below. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should be approved. 2. The following conditions, if any, are hereby imposed upon the grantign of said conditional use permit and applicant, by taking advantage of said conditional use permit agrees to the imposition of the same. A. That the preliminary plat be revised to address the dumpster, and landscaped areas to provide a more useful use of the landscape areas. B. That the parking at the SW Corner be looed at since one of the spots is of FNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck08.131 questionable use. C. The city attorney review the property owner association documents prior to the granting of the PUD. D. A C high substantial fence be placed along the canal and that the type of material be reviewed prior to granting the PUD. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions and the planned unit development and preliminary development plan are recommended to the City Council for approval. 4. 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. DATED this 61 day of F-6z,,a FNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbckO8.131 1997. LAND USE AND DEVELOPMENT COMMISSION By: Ch ' an 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 February 6, 1997, upon the application of Jeff Butler (hereinafter referred to as "applicant") for a change in land use district for the real property located at 311 W. Chubbuck hereto from C-2 or General Commercial 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 C-2 to R-4 for the real property located at 311 W. Chubbuck Road. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned C-2 or General Commercial pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as 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 / will not be detrimental to the public health, safety, and welfare. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbckO8.135 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 10-N 5. findings with respect to the decision in this action: n 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 dsc chbbckOB.135 n DECISION It is recommended that the application for a change in land use district to designate the land described as 311 W. Chubbuck Road be granted by the City Council. DATED this %9- day of >cc(o ,,a , 1997. airm n, Land Use and Development Commission FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck08.135