HomeMy WebLinkAbout006 06 96 City of Chubbuck
Land Use and Development Meeting
June 6, 1996
biinutes of the regular meeting of the Land Use and Development Commission
held in the City Hunicipal Building June 6, 1996.
Present: Chairman Kent Kearns, Commission Members: Wally Wright, Gayle
Anderson, Pete Anderson, Richard Pearson, Council member: LeRoy Quick;
Attorney Tom Holmes; City Staff: Steve Smart, Gerd Dixon, Larry Kohntopp and
secretary Myrna Crapo.
The meeting was called to order by Chairman Kent Kearns at 8:10 p.m.
Chairman Kearns asked for any additions or corrections to the minutes.
Chairman Kearns asked that the motion by Gayle Anderson "and that the
property be transferable with sale of the Property" be changed to "and that
the conditional use be transferable with the sale of the property" Gayle
Anderson moved to approved the minutes of May 2, 1996 with that correction.
Pete Anderson seconded. All voted in favor.
Chairman Kearns asked if any members had a conflict of interest. Chairman
Kearns informed the commission that Charlie Frasure was his uncle so he will
abstain from voting but would conduct the meeting.
PUBLIC HEARING:
]. An application by Paula Waldal, 4926 Galena for a Conditional Use Permit to
operate a child day care center. Property is presently zoned Limited
Residential (R-2).
Paula Waldal, 4926 Galena will have no employees and wants to leave open the
number of children that she can have.
The commission discussed:
1. Requiring more parking spaces if there were more children.
2. State licensing requirements.
3. Requiring a review every year.
4. How we would know if it exceeded the 6 to 8 children
Chairman Kearns opened the meeting for public testimony in opposition to the
proposal, there was none. The meeting was then opened to any public
testimony in favor of the request, there was none. The meeting was then
brought back to the commission for discussion and a motion.
The com~nission discussed:
1. Limiting the amount to less than 12.
Richard Pearson made a motion to grant and approve the conditional use
permit to Paula Waldal, 4926 Galena to operate a child care center and State
licensing people to take care of the requirements that are necessary.
Pete Anderson seconded. Roll Call vote: Wally Wright, yes; Richard Pearson,
yes; Pete Anderson, yes; Kent Kearns, yes; LeRoy Quick, yes; Gayle Anderson,
yes.
Land Use and Development Commission
Page 2
June 6, 1996
2. An application by Cary Campbell, 5175 Tree Valley Road, Chubbuck, Idaho,
for review of a preliminary plat for Tree Valley Subdivision. A subdivision
located 1/2 mile north of East Chubbuck Road @ Johannsen.
Chairman Kearns asked for any additional comments from the staff.
1. The developers should be required to hook to the sewer if within 200 feet.
2. A person could only put one house on a 4" sewer line.
3. The problems with separation of wells and sewer drains. We need to have a
100 foot separation between them.
Cary Campbell, 5175 Tree Valley Road, told the commission he would not be
selling the lots to anyone right now. He would like to hook onto the sewer.
Hr. Campbell is willing to sign into the Tree Valley Road Agreement. The well
would be one community well if the lots were developed with houses.
The commission would like a dedicated easement and a notation that before
construction will be allowed the sewer must be constructed and brought up to
code. Cary Campbell is willing to give an easement for the 25' Road.
The sewer would need to be an 8" ]inc.
Chairman Kearns opened the public testimony portion of the meeting to any
one in opposition to this preliminary plat. Veda Rupp, 1289 Hiline Road,
questioned where the road would go. Ms. Rupp had no objections to the
subdivision.
Chairman Kearns asked for any public testimony in favor of the plat. There
was none. It was then brought back to the commission for a recommendation to
the council.
Pete Anderson moved that we recommend approval of the preliminary plat
to the City Council with the fo]lowing conditions:
1. Tree Valley Road agreement be signed by the developer
2. Tree Valley Road be a deeded easement for future road development
3. Some type of notation or indication on lots 1, 2, & 3 that at the time the
lots are sold that a city standard sewer line will be put into those lots.
Gayle Anderson seconded. Roll call vote: Wally Wright, yes; Richard Pearson,
yes; Pete Anderson, yes; Kent Kearns, yes; LeRoy Quick, yes; Gayle Anderson,
yes.
3. An application by Cary Campbell, 5175 Tree Valley Road, Chubbuck, Idaho
for a change in Land Use District to Single Family Residential (R-l). Property
is presently zoned Agricultural (A).
The comprehensive plan shows that area as R-1.
Chairman Kearns opened the public testimony in opposition to the zone change,
there was none. It was then opened to public testimony in support of the
proposal. There was none. Chairman Kearns then turned the meeting to the
commission for discussion and a motion.
Land Use and Development Commission
Page 3
June 6, 1996
Pete Anderson moved to recommend to the City Council the zone change on the
Tree Valley Subdivision to R-1. Gayle Anderson, seconded. Wally Wright, yes;
Richard Pearson, yes: Pete Anderson, yes; Kent Kearns, yes; LeRoy Quick, yes;
Gayle Anderson, yes.
4. An application by Homes West Inc., P.O. Box 5619, 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).
The staff passed out an updated preliminary plat and reviewed their staff
report..
Derek Leslie, P.O. Box 5691, Chubbuck, Idaho. Mr. Leslie has developed the
same type in the City of Pocatel]o. He is going to build 0 lot line twin homes.
There ~.'ill be a common wall and each side will be sold. The people will own
their own ground. The pr/ce would be in the low $70,000 and high $60,000.
They will be built on one level with no basement.
The commission discussed:
1. Treating them as duplex's in a R-2 zone.
2. Complying with the PUD ordinance to the fullest requirements.
Chairman Kearns opened the meeting for public testimony in opposition to
granting the PUD request.
Dale Shook, 4021 Ronald Road had a petition signed by the people who lived
'within a 300' radius. He read a statement that he was against the
development and submitted the statement to the Commission.
Mr. Shook showed a drawing of the neighborhood indicating where the current
houses were situated. He is concerned as to what will happen to the
irrigation ditch. He wondered if there was enough property for cars to turn
around.
Dee Hoffine, 4058 Ronald Road, garbage trucks will have to back onto private
property to turn around. He is concerned for enough room for a driveway.
Frank Allen, 4031 Ronald Road, is in agreement with the two previous
speakers. He is concerned about the canal head gate, turn around, etc.
There would be a problem with emergency vehicles getting in.
Helda Hudson, 990 W. Quinn Road she is against the increased traffic; and is
full agreement with the others.
The public hearing was opened to testimony by anyone in support of the
application. There was none.
Land Use and Development Commission
Page 4
June 6, ]996
Derek Leslie, PO Box 5691, tie would comply with any easement that Fort Hall
has. The ditch in front of the property would be maintained so others could
gel; their water. He would at his expense fix it so the current property
owners could have the same situation as they have now. He would
accommodate a turn around for the residents. The density is in compliance
· with four single dwellings and is well within the limits there. It is in
compliance with the current zoning. He would be willing to make sure that
the people would have access to their head gates.
Chairman Kearns close(] the public testimony of the hearing and brought it
back to the commission for a motion and discussion.
Steve Smart explained that in the past they have required that the irrigation
ditches be piped. Lot four is totally misleading, the entire frontage is within
the canal easement. Access to lot 4 is questionable at this point.
Chairman Kearns discussed:
1. Density - if we would put four single family dwelling in there. They would
fit.
2. The property owner could approach the city to have duplexes built there.
3. The options that could be taken.
Pete Anderson moved to table this item until we have a drawing that shows
the actual concept that is going to be used in light of the information that
has been presented here tonight regarding the accuracy of the drawings.
Seconded by Roy Quick. Roll call vote: Wally Wright, yes; Richard Pearson, yes;
Pete Anderson, yes; Kent Kearns, yes; Roy Quick, yes; Gayle Anderson, yes.
5. An application by Charlie Frasure, 102 Laurel Lane, Chubbuck, Idaho for a
review of preliminary plat for Frasure Industrial Park. A subdivision located
north of Chubbuck Road and East of Yellowstone Avenue (.East of 4900-5000
block Yellowstone).
Chairman Kearns asked for any additional comments by city staff. There are
three existing plats on that property. The old plats need to be vacated first.
There are also two zones in that area. There will have to be some
adjustments made on the plat.
Chairman Kearns discussed:
1. Radius on the corners - should they be larger for truck traffic.
2. The radius on Laurel lane
3. The guide wire clearance
4. Industrial vs Commercial uses.
5. Lot sizes.
Tim Shurtliff, 426 W. Lewis, explained that there were light industrial
businesses in that area. There would be phases of the plat with the first
phase being eight lots. They were willing to change the radius.
Land Use and Development Commission
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June 6, 1996
The commission discussed:
1. having access stubs
2. Using commercial lots for all of the lots that abut the houses on Hiway.
Chairman Kearns opened it for public testimony in opposition to the
preliminary plat. There was none. Chairman Kearns opened it for testimony
in favor of the development.
Dwain Kinghorn, 145 Hiway Avenue, He doesn't have any opposition to it. The
size of the smaller lots make it easier for people to take care of them.
Commission discussed:
1. Phases of the lots
2. The use is in an ideal location.
3. A road to the east for better circulation in the community and a second
access to the property.
4. The north end being commercial
Pete Anderson moved to recommend approval to the City council of the
preliminary plat with the conditions that:
1. radius's be increased to a sufficient radius to handle truck traffic whether
that's 40~ or larger.
2. Access to the East be provided either off the end of Light Industry Way,
or someplace off Kristie Lane or extension of Holly Lane, whichever
3. The reconfiguration of Dusty Road depending upon where the guy wire falls
into it.
4. Leaving the zoning up to the developer to request as he feels he needs a
zone change.
Richard Pearson seconded. Wally Wright, yes; Richard Pearson, yes; Pete
Anderson, yes; LeRoy Quick, yes; Gayle Anderson, yes.
GENERAL BUSINESS:
1. Finding of Fact and Conclusions of Law and Decision for Aledsandr
Karmanor.
Richard Pearson moved to approve the finding of fact with the correction of
the name, Gayle Anderson seconded. All voted in favor in.
2. Discussion on "Regulating Billboards"
Roy Quick explained the councils discussion. They were of the feeling of just
banning them at this point. They talked about keeping the ones that exist.
We need to have some control and banning any new ones.
The commission discussed:
1. We could have the billboard owners not renew any contracts with the
people who currently were renting their bill boards.
2. Addressing freeway signs in this ordinance.
Land Use and Development Commission
Page 6
June 6, 1996
Attorney Tom Holmes will put together an ordinance fox' the commission and
present it at the next meeting.
Kent Kearns mentioned that our next meeting will be July llth, 1996 because
of the July 4th holiday.
Steve Smart asked the commission if they would be willing to hold a special
meeeting for plat for Ridgewind Subdivision on June 25 at 7:00 pm.
They were not in favor of the extra meeting.
The commission adjourned at ]0:35 pm.
~ent~earns, Chairman
: lyrna C~a~o, Secretary'-
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 June 6, 1996, upon the application of Paula Waldal
(hereinafter referred to as "applicant") for a conditional use permit to operate a child
day care center on the real property located at 4926 Galena 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 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 will have no employees.
B. Licensing requirements limit the number of children that can be present with
no employees.
C. There was no public testimony in favor or against the 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 DECISON - Page t
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'� 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 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:
State licensing requirements shall be met.
� 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
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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 day of �,�� , 1996.
LAND USE AND DEVELOPMENT
COMMISSION
By: iU X_y-------
�- Chairman
FINDINGS OF FACT, CONCWSIONS 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 June 6, 1996, upon the
application of Cary Campbell (hereinafter referred to as "applicant") for a change in land
use district for the real property described on Exhibit "A" hereto from A or Agricultural
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.
n
2. All legal requirements for notice of public hearing have been met.
3. The property in question is zoned A or Agricultural pursuant to the Land Use
Ordinance of the City of Chubbuck.
4. The property is designated as R-1 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
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
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the City, and to promote economic values and will not be detrimental to the public
health, safety, and welfare.
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.
n 4. The requested change in Land Use District should be granted.
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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,..%k 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 J� , 1996.
Chairman,
Land Use and Development Commission
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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,-IN
EXHIBIT "A"
Commencing at the Northwest corner of the W� E� of the SW; of said Section 2,
Township 6 South, Range 34 E.B.M., Bannock County, Idaho, thence South along the
West line of said W� EA of SWC,, 264 feet; thence East 330 feet; thence north parallel to
the West line of said W� E� of SWJ of said Section 2, 264 feet; thence West 330 feet,
more or less, to the point of beginning...
DCHIBIr'A'
chbbckO7.031