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HomeMy WebLinkAbout012 05 96 CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION DECEMBER 5, 1996 Minutes of the regular meeting of the Land Use and Development Commission held in the City Municipal Building December 5, 1996. Present: Acting Chairman Pete Anderson, Commission Members: Myma Cain, Mary Harker, Gayle Anderson; Council Representative Marvin Gunter; City Staff Steve Smart and Larry Kohntopp; Attorney Tom Holmes; Secretary Myrna Crapo. The meeting was called to order by Acting Chairman Pete Anderson at 8:05 p.m. Chairman Anderson asked if anyone had a conflict of interest for any of the items on the agenda. There was none. Acting Chairman Pete Anderson asked for approval of the minutes of the November 7, 1996 meeting. Mary Harker moved to approve the minutes with Myrna Cain seconding. All voted in favor. PUBLIC HEARING: 1. An application by Gary Cooper, P.O. Box 2618, Pocatello, for a Conditional Use Permit for Warehouse/Wholesale at 4278 Bullock Street. The property is presently zoned General Commercial (C-2). Chairman Anderson asked for any further comments from the staff and for any questions by the commission. There was none. Gary Cooper, P.O. Box 2618, Pocatello, the application is for the property that is behind Walmart. They are purchasing the Lake Shore Building that was previously used as a diesel and truck and trailer repair shop by the Watson Brothers. They want to modify that building to house two tenants. The front section would be for the State of Idaho for a Crime Lab and the back part for Van Waters and Rogers. They are a wholesale/Retail on a national basis. They sale chemicals of various kinds. Chairman Anderson opened the meeting for public comment for or against. There was none. The public comment portion of the meeting was closed and the meeting was brought back to the commission for a discussion. Gayle Anderson moved to approve the application by Gary Cooper Pocatello for a conditional use permit for a warehouse/wholesale at 4278 Bullock Street Property is presently zoned General Commercial (C-2). Mary Harker seconded. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Mary Harker, yes; Gayle Anderson, yes. December 5, 1996 Page 2 GENERAL BUSINESS: 1. An application for a Final Development Plan for a PUD by Homes West, Inc. P.O. Box 5691, Chubbuck, Idaho for Homes West at Lots 1 & 2 of Block 4 Siebert Tract; North end of Ronald Road. The property is presently zoned Limited Residential (R-2). Attorney Holmes reviewed the city code conceming a PUD. Chairman Anderson asked for any comments from the commission and then asked for a motion. Gayle Anderson moved to recommend to the City Council approval of the Final Development Plan for a PUD by Homes West Inc. P.O. Box 5691, Chubbuck, Idaho for lots 1 & 2 of block 4, Siebert Tract; North end of Ronald Road. Property is presently zoned Limited Residential (R-2). Myrna Cain seconded the motion. Roll call vote: Myma Cain, yes; Pete Anderson, yes; Mary Harker, yes; Gayle Anderson, yes. 2. An application by Dennis & Kathy Murray, 11481 N. Rio Vista Road for a Conditional Use Permit to put a manufactured home at south end of Rose Street. Property is presently zoned Limited Residential (R-2). The commission discussed what to do with the application. The applicant was not at the meeting. Mary Harker moved to table the item concerning the property of Dennis and Kathy Murray for the development of the property at the end of Rose Street until the January Meeting and that a letter advising them of the vote should be sent to them within two weeks of that meeting that they might be able to make arrangements to attend or that they might be able to notify us as to whether we should consider the item moved. Gayle Anderson seconded. All voted in favor. 3. Approval of Findings of Fact, Conclusions of Law and Decision for Mill End Fabric. Myrna Cain moved to accept the finding of fact on the Mill End Fabric Store. Mary Harker seconded. All voted in favor. 4. A discussion of an ordinance eliminating a conditional use as a request for a planned unit development, and reviewing the PUD approval process. The commission discussed not bring the final PUD through the commission; or just having major PUD come back for the final PUD. Mary Harker moved that the proposed ordinance changes be completed and be resubmitted back to the Land Use at the January meeting and set for public hearing for that meeting. Myrna Cain seconded. All voted in favor. The commission discussed the January meeting dm 1)Pary Harker moved to have meeting on the 9th of January. Myma Cain seconded. All~,~/e/ifi ~vor.! Mary Harker moved to adjourn with Gale ~ .,~r~ng. Meeting adjourn at 9:10 pM. ~ te And'~r~gn, Acting Chairman Myrna Crapo, Secretary io 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 December 5, 1996, upon the application of Gary Cooper (hereinafter referred to as "applicant") for a conditional use permit for a warehouse/wholesale on the real property located at 4278 Bullock 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 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 section 18.28.040 (C). 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Applicant would modify the Lakeshore Building behind Walmart. B. The building will be modified to have State of Idaho Crime Lab in the front. Vanwaters and Rogers would use the back for storage and sale of chemicals. C. No one from the public testified for or against the application. BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck08.129 '~ CONCLUSIONS OF LAW 1. The use for which the permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought 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. 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 granting of said conditional use permit and applicant, by taking advantage of said conditional use permit agrees to the imposition of the same: none. 3. The conditional use permit requested by the Applicant is granted. 4. Takings. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbckO8.129 r�l 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 25 day of �Qce�.,�a� , I gn 7. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbckO8.129 LAND USE AND DEVELOPMENT COMMISSION By: _ hairm n