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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 dsc chbbck07.185 ,�kr \y'�. 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 dsc chbbckO7.185 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 d9c chbbck07.185 � 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 dao chbbckO7.183 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 dec chbbckO7.183 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dac chbbcl07.183 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: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dac chbbck07.184 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION • Page 2 d9c chbbckO7.184 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dec chbbck07.184