HomeMy WebLinkAbout011 06 97LAND USE AND DEVELOPMENT COMMISSION
November 6, 1997
Minutes of the regular meeting of the Land Use and Development Commission held in the City
Municipal Building November 6, 1997.
Present: Chairman Kent Kearns; Commission Members: Gayle Anderson, Mary Harker, Wally
Wright, Myrna Cain, Dusty Whited; 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 Keams asked if any of the commission members had a conflict of interest. There was
none.
Chairman Kerns asked for approval of the October 2, 1997 minutes. Myrna Cain moved to
approve the minuted with Wally Wright seconding. All voted in favor.
PUBLIC HEARING:
1.An application by Steve Campolotarro, 435 E. Chubbuck Road for a Change in land Use
District to General Commercial (C-2). Property is presently zoned Limited Residential (R-
2).
Trisha Campolotarro, 435 E. Chubbuck Road explained why they wanted to go Commercial. The
ties at Parrish's make it unfavorable to sell and use for anything else.
Chairman Kearns asked for additions to the Staff Report. There was none.
The meeting was opened to testimony in opposition for the request in zone change. There was
none. It was then opened for any comment in favor, there was none. The public hearing was
closed and opened to the commission for discussion.
Chairman Kearns reviewed the history of this piece of property. Mr. Robinson had prepared a
letter that was included in the hearing.
The commission discussed:
1. The Conditional Use standing when zoned Commercial.
2. Having to comply with the Commercial requirements.
3. The fencing requirement when it was zoned Commercial.
Myma Cain moved to recommend to the City Council that they grant the change in Land Use
District from Residential (R-2) to General Commercial (C-2) for Steve Campolotarro, 435 E.
Chubbuck; and that he be required to have a screening fence up by June 1 st as was originally
required by the Conditional Use Permit since it is also required in a Commercial Zone. That all
the other requirements for Commercial (C-2) be met. Mary Harker Seconded. Roll Call Vote:
Wally Wright, yes; Myrna Cain, yes; Kent Kearns, yes; Mary Harker, yes; Dusty Whited; yes;
Gayle Anderson, yes.
Land Use and Development Commission
November 6, 1997
Page 2
2. An application by Keith Robinson, 1113 Booth Road, Pocatello, Idaho for a change in
Land Use District to General Commercial (C-2) for property located 400 block South side
East Chubbuck Road. Property is presently zoned, Limited Residential (R-2).
Trisha Campolotarro, 435 E. Chubbuck Road. The property has been up for sale for several
years. There are a lot of weeds in the lot. He would like it to go commercial so he could sell it
and not just have it growing weeds.
The meeting was opened to testimony in opposition to the change.
K.C. Gibbs, 426 E. Chubbuck Road, Mr. Robinson opposed him when he wanted his property
at 435 E. Chubbuck Road changed; at that time the city turned Mr. Gibbs down. He wants to
know why he was turned down.
Attorney Tom Holmes reviewed his original application and explained that the comprehensive
plan has been rewritten and caused the change. Mr. Gibbs needs to apply to get his property
changed to Commercial, if he would like to have it changed.
William Nice, 418 E. Chubbuck Road. The neighborhood originally was not in favor of Mr. Gibbs
original request. He can't sell his property because of what is across the street. He is concerned
what he do can do with his property after it is changed. He is opposed to the change.
The commission discussed:
1. Buffering between the Industrial and residential with Commercial Development
2. The Comprehensive Plan designated zoning.
Chairman Kearns asked for testimony in favor of the proposal, there was none.
The Public Testimony portion was closed and brought back to the commission.
The commission discussed.
1. The fence between the tie yard and Robinson property. Who will have to put it up.
2. Being a transitional area.
3. The definition of Commercial and Industrial zoning
Dusty Whited moved to recommend to the City Council approval of the application by Keith
Robinson, for Property located 400 block South Side East Chubbuck Road for a Land Use
District Change from Residential (R-2) to General Commercial (C-2). Gayle Anderson seconded.
Roll call vote: Wally Wright, yes; Myma Cain, yes; Kent Kearns, yes; Mary Harker, yes; Dusty
Whited, yes; Gayle Anderson, yes.
Land Use and Development
November 6, 1997
Page 3
3. An application by the City of Chubbuck, 5160 Yellowstone, Chubbuck, Idaho for a
Change of Land Use District to General Commercial (C-2) for 16 Highway Subdivision
(204 Hiway) Property is presently zoned Limited Residential (R-2).
Items #3, 4, and 5 to be considered together.
4. An application by the City of Chubbuck, 5160 Yellowstone, Chubbuck, Idaho for a
Change of Land Use District to General Commercial (C-2) for lot 15 Highway Subdivision
(156 Hiway Avenue). Property is presently zoned Limited Residential (R-2).
5. An application by the City of Chubbuck, 5160 Yellowstone, Chubbuck, Idaho for a
Change of Land Use District to General Commercial (C-2) for Southerly 111 feet of Lot 14
Highway Acres (144 Hiway). Property is presently zoned Limited Residential (R-2).
Chairman Kearns opened the meeting to public testimony.
Dwain Kinghorn, 145 Hiway Avenue, introduced Craig Tinkham, 151 Hiway. Mr. Kinghorn
reviewed what he had said at the last meeting. He is concerned with the residential values.
He wants to know what the city's intentions are.
Craig Tinkham, 151 Hiway. The city has fixed up the homes and they look very nice. He doesn't
want the front lots zoned commercial.
Attorney Holmes: A lot should not be split zoned. We could re-plat and split the lot.
The back half will be used for city uses and the front half rented out.
Dwain Kinghom, 145 Hiway Avenue. He wants the city to split the zoning on those lots.
They want to remain the quality of the residential. He is concerned about the houses being a
business in the future. He is concemed about the quality of life there, and being able to sell their
property.
The commission discussed:
1. Keeping ownership to maintain control
2. The intent to leave the front residential as they are now. When the land goes commercial and
then change it.
3. The future zoning of Hiway Avenue. Part of it being IndUstrial and part Commercial.
The public testimony portion was closed and brought back to the commission for discussion and a
motion.
Mary Harker moved to recommend to the City Council the change from R-2 to C-2 for the
properties at 204 Hiway, 156 Hiway and Southerly 111 feet of lot 14 Highway Acres (144
Hiway) and recommend to the city council that the front half of the properties be used as rentals
as the city is presently doing. Second Wally Wright. Roll call vote: Wally Wright, yes; Myrna
Cain, yes; Kent Keams, yes; Mary Harker, yes; Dusty Whited, yes; Gayle Anderson, yes.
Land Use and Development Commission
November 6, 1997
Page 4
GENERAL BUSINESS:
1. An application by Gene Hancock, 12367 N. Hawthorne for a Planned Unit Development,
(PUD); Preliminary Development Plan with its accompanying Preliminary Plat for Colonial
Village Subdivision. Located between The Church of Jesus Christ of Latter Day Saints and
Cottonwood Cove on Quinn. Property is presently zoned Limited Residential (R-2).
Tim Shurtliff, 426 W. Lewis, represented the developers. They dropped three units from the
original design. They created opened space and more usability to the property. They are
proposing 28 units. Each would have two covered parking ports. The back yard would go to the
car port and a patio. The units near the back will have a common area.
All of the outside area would be maintained by a home owners association. Drainage would be
taken care of in the landscape areas. Lighting would be small yard lights. They are two story
town house units.
The commission asked about.
1. Future development to the north
2. Who would the units be sold to
3. The possibility of a park for the children
4. The road being a private road
5. Concerns with the fire department access
6. The ability to maintain water drainage
The meeting was opened to public testimony.
Gene Hancock, 12367 N. Hawthorne, They have tried to fix it to be complementary to the area.
A fence on Quinn Road for safety reasons was being considered.
Tony Kudla, 1077 W. Quinn. They live across the street from Cottonwood Cover and had
problems with the traffic there. He is concerned with the increase traffic since it is already busy.
The area across the street is opened and he is concerned about changing that. He is concerned
with the exit being across from the neighbors drive way.
Cheryl Kudla, 1077 W. Quinn. The traffic will increase and that is a concern for them. The safety
of their children is also a concern.
The commission discussed:
1. The street being changed in the future.
The public testimony portion was closed and brought back to the commission.
Land Use and Development Commission
November 6, 1997
Page 5
The commission discussed:
1. The revisions of the plat since the last meeting
2. The traffic not impacting the road that much
3. This being an Infill area and they could have a 25% density increase
Gayle Anderson, moved to recommend to the city council approval of the application by Gene
Hancock, 12367 N. Hawthorne for a Planned Unit Development, (PUD); Preliminary
Development Plan with its accompanying Preliminary Plat for Colonial Village Subdivision.
Located between The Church of Jesus Christ of Latter Day Saints and Cottonwood Cove on
Quinn. Property is presently zoned Limited Residential (R-2). Seconded Mary Harker. Roll call
vote: Wally Wright, yes; Myma Cain, yes; Kent Kearns, yes; Mary Harker, yes; Dusty Whited,
yes; Gayle Anderson, yes.
Gayle Anderson moved to adjourned at 9:45 PM with Dusty Whited seconding.
Kent Kearns, Chairman
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 6, 1997, upon the application
of Steve Campolotarro (hereinafter referred to as "applicant") for a change in land use district for
the real property described on Exhibit "A" hereto from R-2 or Limited Residential 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 R-2 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.
3. The property in question is zoned R-2 or Limited Residential pursuant to the Land Use
Ordinance of the City of Chubbuck.
4. The property is designated as 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 expressed approval 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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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.
I 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. Takin s. 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.
DECISION
It is recommended that the application for a change in land use district to designate the
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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n land described on Exhibit "A" be granted by the City Council.
n
DATED this CD--1� day of 199 .
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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Chairman,
Land Use and Development Commission
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 6, 1997, upon the application
of Keith Robinson (hereinafter referred to as "applicant") for a change in land use district for the
real property described on Exhibit "A" hereto from R-2 or Limited Residential 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 R-2 to C-2 for the real property more
particularly described on Exhibit "A" hereto.
n 2. All legal requirements for notice of public hearing have been met.
3. The property in question is zoned R-2 or Limited Residential pursuant to the Land Use
Ordinance of the City of Chubbuck.
4. The property is designated as 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 expressed approval 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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# Ito
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
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.
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
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^ DATED this
i9 _day of 4ovew,(ney2 , 1992.
Chaiw6n,
Land Use and Development Commission
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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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 6, 1997, upon the application
of City of Chubbuck (hereinafter referred to as "applicant") for a change in land use district for
the real property described on Exhibit "A" hereto from R-2 or Limited Residential 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 R-2 to C-2 for the real property more
particularly described on Exhibit "A" hereto.
r 2. All legal requirements for notice of public hearing have been met.
3. The property in question is zoned R-2 or Limited Residential pursuant to the Land Use
Ordinance of the City of Chubbuck.
4. The property is designated as 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 of the proposed change in
land use district.
9. The requested zone change is reasonable to provide orderly development of the City,
n 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
dsc chbbck08 147
'"'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. Takin�?s. 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.
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
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/01N DATED this (Q�— day of �cVe►v�V�e�R_ , 199'7.
roo
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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a�rma ,
Land Use and Development Commission
n
11�
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 October 2, 1997, upon the application of
City of Chubbuck (hereinafter referred to as "applicant") for a change in land use district for the
real property upon annexation described on Exhibit "A" hereto from A or Agricultural to R -I 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 described
on Exhibit "A" hereto, upon annexation.
2. All legal requirements for notice of public hearing have been met.
The property in question lies outside the city and is zoned A or Agricultural.
4. The property is designated as R-1, Single Family REsidential 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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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
^1 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.
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n
n
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
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199-?.
Chairm n,
Land Use and Development Commission