HomeMy WebLinkAbout007 11 96 City of Chubbuck
Land Use and Development Meeting
July 11, 1996
Minutes of the regular meeting of the Land Use and Development Commission
he].d in the City Municipal Building July 11, 1996.
Present: Chairman Kent Kearns, Wally Wright, Myrna Cain, Dusty Whited, Pete
Anderson, Richard Pearson, Mary Harker, Gayle Anderson; Council
Representative Dean Wood; Attorney Tom Holmes; City staff, Steve Smart, Larry
Kohntopp, Gerd Dixon, and Secretary Myrna Crapo.
The meeting was called to order by Chairman Kent Kearns at 8:00 p.m.
Chairman Kearns asked for any additions or corrections to the minutes. There
was none. Gayle Anderson made a motion to approve the minutes of June 6,
with Wally Wright seconding. All voted in favor.
Chairman Kearns asked if any members had a conflict of interest. Dean Wood
stated he had a conflict of interest on Homes West, Inc. He would abstain
from voting on that item.
PUBLIC HEARING:
1. An application by Iris Glover, 123 Stuart for a Conditional Use Permit to
convert residence to a duplex. Property is presently zoned General
Commercial (C-2).
Iris Glover, 123 Stuart, would like to have someone living in the basement so
she wouldn't be alone. She acknowledged that she understood what was
required on the building codes.
Chairman Kearns opened the public hearing for testimony in opposition to the
application. There was none. The meeting was then opened for any testimony
in support of this application. There was none. The public testimony portion
of the meeting was closed and brought back to the commission for a
discussion and a motion.
1. Richard Pearson move to approve the conditional use permit for Iris Glover,
123 Stuart Avenue for a conditions use permit to convert her residence to a
duplex. Dusty Whited seconded. Roll call vote: Wally Wright, yes; b4yrna Cain,
yes; Dusty Whited, yes; Pete Anderson, yes; Kent Kearns, yes; Richard
Pearson, yes; Mary Harker, yes; Gayle Anderson, yes; Dean Wood, yes.
2.. An application by Douglas Jayo, Scott Jenkins, and Linda Hines, 3361 N.
Jones Place, Boise, ID 83704 for review of a preliminary plat for Ridgewind.
A subdivision located at 4080 Hawthorne.
Fred Jenkins, 4100 Hawthorne Road, explained that the property had been sold
and 3.1 acres that the building itself sits on will be separated from the
entire acreage.
Land Use and Development Commission
Page 2
July 1.1, 1996
Tim Shurtliff, 426 W. Lewis, explained the plat. The final plat should have
been submitted 6 month ago. The final plat was not submitted before the
dead line was up. Ten acres would be divided into two lots. One lot being 3.1
acres.
Chairman Kearns opened the meeting for public testimony in opposition of the
preliminary plat.
Gary Carlsen, 720 Buffalo Road was speaking for his parents George Carlsen
that lived next to this property. The original developers had signed an
agreement with the Carlsen's and had not completed 240' of fence that they
had agreed upon when they first build the building.
Chairman Kearns explained that it was a private agreement and can't be dealt
with in this preliminary plat hearing.
The meeting was opened up to public testimony in support of the preliminary
plat. There was none. It was then turned to the commission for discussion
and a motion.
The commission discussed:
1. The fence not being an issued in the preliminary plat
2. The 40' easement needed for a road
Pete Anderson moved to recommend approval to the city council of the
preliminary plat of the Ridge Wind Subdivision. Dusty Whited seconded.
Roll call vote: Wally Wright, yes; Ylyrna Cain, yes; Dusty Whited, yes; Pete
.Anderson, yes; Kent Kearns, yes; Richard Pearson, yes; Mary Harker, yes;
Gayle Anderson, yes; Dean Wood, yes.
3. An application by Gary Carlsen, 720 Buffalo Road, Chubbuck Idaho for a
change in Land Use District upon requested annexation to Single Family
Residential (R-l) for property located east of Buffalo Road at Little Pocatello
Creek. Property is presently zoned Agricultural (A).
Gary Carlsen, 720 Buffalo Road, he owns 20 acres and it is presently in the
county and zoned Agricultural. He wants to give his son a piece to build a
home on and needs to have it annexed and zoned.
The meeting was opened to public testimony in opposition, there was none. It
was then opened to testimony in support of the application. There was none.
It was then brought back to the commission for discussion and a motion.
Pete Anderson moved to :recommend to the city council that upon annexation it
be zoned R-I Single Family Residential. Richard Pearson. seconded. Roll
call vote: Wally ~right, yes; Myrna Cain, yes; Dusty Whited, yes; Pete
Anderson, yes; Kent Kearns, yes; Richard Pearson, yes; Dean Wood, yes; Mary
Harker, yes; Gayle Anderson, yes.
Land Use and Development Commission
Page 3
July lid 1996
GENERAL BUSINESS:
1. An application by Homes West, Inc. P.O. Box 5691, Chubbuck, Idaho for a
Planned Unit Development (PUD) conditional use permit and preliminary
development plan with its accompanying preliminary plat for Homes West
Planned Unit Development at Lots 1 & 2 of Block 4 Siebert Tract; North end of
Ronald Road. The property is presently zoned Limited Residential. (R-2).
Derek Leslie P.O. Box 5691, Chubbuck. Explained that he was going to pave to
his property line to take care of the truck turn around that was addressed in
the last meeting.
The commission discussed:
1. The property lines
2. Where Curb, gutter and sidewalk would be.
The meeting was opened to public testimony in opposition. Dale Shook, 4020
Ronald Road reviewed the items he presented at the last meeting.
One of the things that the Land Use must consider will be the welfare of the
neighborhood.
Mr. Leslie's preliminary plat shows that the property line is moved 1~ south of
property line 1 and proper~y line 2. Mr. Shook addressed the following.
1. The turn around area should be deducted out of the calculations.
2. Density calculations; We don't know what we are dealing with.
3. The original plat was filed in 1996. There is property change by court
order. It moved the property further east on Siebert Land.
The Commission discussed:
~. Calculation of the density for a PUD
2. Discrepancy on property boundaries
3. The final plat triggering the density calculations.
The meeting was then opened to public testimony in favor. There was none.
The public testimony portion was closed and opened to the applicant to rebut
the points that were brought up.
Derek Leslie told the commission that he will move the line wherever it needs
to be for the final plat.
Chairman Kearns reviewed the ordinances.
1. Acceptance of the preliminary doesn't mean that we have to accept the final
plat.
2. We need separate motions for the PUD, and the preliminary plat.
3. Appealing the conditional use to the city council.
Land Use and Development Commission
Page 4
July- 11, 1996
Mary Harker moved to grant the conditional use for Homes West, Inc. P.O. 5691
Chubbuck, Idaho; Myrna Cain seconded. Roll Call Vote: B/ally Wright, yes;
Myrna Cain, yes; Dusty Whited, yes; Pete Anderson, no; Kent Kearns, no;
Richard Pearson, no; Mary Harker, yes; Gayle Anderson, yes. Dean Wood,
ab stained.
Richard Pearson moved to recommend approval to the city council for the
preliminary plat and Planned Unit Development Plan for Homes West, Inc. P.O.
Box 5691 Chubbuck. Wally Wright seconded. Roll Call Vote: Wally Wright, yes;
Myrna Cain, yes; Dusty Whited, yes; Pete Anderson, no; Kent Kearns, no;
Richard Pearson, yes; Mary Harker, yes; Gayle Anderson, yes.
2. Discussion on ordinance for "regulating billboards".
This was put on the Land Use agenda so they could give recommendations to
the city council. Pete Anderson moved as a commission that whole hearted we
support this ordinance and recommend to the city council to adopt it. Mary
Harker seconded it. All voted in favor.
3. Finding of Fact, conclusions of law and decision for Cary Campbell.
Chairman Kearns asked that on the top of page 2 where it reads" will/will
not" and that "will/" be deleted. Pete Anderson moved to accept the Finding
of Fact with the correction. Richard Pearson seconded with all voting in
facto [..
,i. Findings of fact, conclusions of law and decision for Paula Waldal.
Richard Pearson moved to approve the Findings of Fact, Conclusions of Law
and Decision for Paula Waldal. Pete Anderson seconded. All voted in favor.
Chairman Kearns mentioned the meeting to be held next Thursday for Gary
Carlsen, preliminary plat. The meeting on Tuesday July 16 was discussed by
Larry Kohntopp.
The meeting adjourned at 9:30 pm.
~f K~Kearns, Chairman
y 'ha ~,~apo, secrete[ryk
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 July 11, 1996, upon the
application of Gary Carlsen (hereinafter referred to as "applicant") for a change in land
use district for the real property described on Exhibit "A" hereto from A or Agriculture
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.
A -11N 3. The property in question is outside the city limits but 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 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.
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 upon annexation
of the subject property
5. Takings. Pursuant to Idaho Code S 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.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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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 3 day of Q � , 1996.
Cha' man,
Land Use and Development Commission
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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� N, 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 July 11, 1996, upon the application of Homes West,
Inc. (hereinafter referred to as "applicant") for a conditional use permit to place a
planned unit development (PUD) on real property located at Lots 1 and 2 of Block 4,
Siebert Tract and the Commission having heard testimony from interested parties and
being fully advised in the matter, now makes the following:
above.
FINDINGS OF FACT
1. Applicant has applied for a conditional use permit as particularly described
2. All legal requirements for notice of public hearing have been met.
3. The property in question is zoned Limited Residential (R-2) pursuant to the
Land Use Ordinance of the City of Chubbuck.
4. The property is designated as Limited Residential (R-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 presents a preliminary development plan and preliminary plat which
sets forth the approximate site dimensions.
B. Since a survey will not take place until after this stage of the application
process, the measurements are approximate, but it appears the density including any
adjustment allowed for infill development pursuant to 18.20.085 would allow this project
to meet the density requirements adequately.
C. All of the neighbors oppose the development and object to placement of
four residential units on what was originally two lots.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
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D. The proposed development adequately allows for the easement for the
canal and takes into account the irrigation ditch and provides that it would be covered.
Additionally, the project would have an asphalt turn around so that fire and garbage
trucks could turn around at the end of Ronald Road.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and
Development Commission hereby enters the following:
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
n 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 of the issuance
of the requested conditional use permit.
9. This development promotes infill to the goals set forth in the
Comprehensive Plan.
10. The requested conditional use permit, if granted, should be maintained
subject to the conditions set forth below.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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n
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:
Final approval of the preliminary development plan and plat by the Land
Use Commission and the Chubbuck City Council.
3. The conditional use permit requested by the Applicant is granted, subject to
the foregoing conditions.
4. Takings. Pursuant to Idaho Code S 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 T-- day of , 1996.
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LAND USE AND DEVELOPMENT
COMMISSION
By: '- ./
—4-- Chairman
.� 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 Julyll, 1996, upon the application of Iris Glover
(hereinafter referred to as "applicant") for a conditional use permit to convert residence
to a duplex on the real property located at 123 Stuart and the Commission having heard
testimony from interested parties and being fully advised in the matter, now makes the
following:
above.
FINDINGS OF FACT
1. Applicant has applied for a conditional use permit as particularly described
2. All legal requirements for notice of public hearing have been met.
n 3. The property in question is zoned C-2 (General Commercial) pursuant to the
Land use Ordinance of the City of Chubbuck.
4. The property is designated as C-2 (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 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 is aware of the requirements of the Building Department with
respect to meeting code and indicates she will comply with those requirements.
B. No one objects to this Applicant.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and
Development Commission hereby enters the following:
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1� 6
r1 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. 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 granting of said
conditional use permit and applicant, by taking advantage of said conditional use permit
agrees to the imposition of the same:
3. The conditional use permit requested by the Applicant is granted, subject to
the foregoing conditions.
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4. Takings. Pursuant to Idaho Code S 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 q-4 day of 01- , 1996.
LAND USE AND DEVELOPMENT
COMMISSION
By: s
Ch it an
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