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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 dsc chbbck08.145 4- 1(vl 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 dsc chbbckD8.145 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 dsc chbbck08.145 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 dsc chbbck08.146 # 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 dsc chbbck08.146 ^ DATED this i9 _day of 4ovew,(ney2 , 1992. Chaiw6n, Land Use and Development Commission FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck08.146 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 dsc chbbckO8.147 /01N DATED this (Q�— day of �cVe►v�V�e�R_ , 199'7. roo FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck08.147 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 dsc chbbckO8.138 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck08.138 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbckO8.138 199-?. Chairm n, Land Use and Development Commission