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HomeMy WebLinkAbout008 03 95LAND USE AND DEVELOPMENT bIEETING August 3, 1995 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building August 3, 1995. Present: Chairman Kent Kearns, Commission members: Myrna Cain, Mary Harker, Dusty Whited~ Richard Pearson; Attorney Tom Holmes; City Staff: Steve Smart and Larry Kohntopp. Meeting called to order by Chairman Kent Kearns at 8:15 pm. Chairman Kearns asked for approval of 'the minutes of the July 6, 1995 meeting. Chairman Kearns stated that the minutes needed to be corrected to show that all of the commission voted in favor of the minutes..Mary Harker moved to approve the minutes with Richard Pearson seconding. All voted in favor. Chairman Kearns asked if any members of the commission had a conflict of interest. There was none PUBI,IC HEARING: l. A PROPOSAL BY HARRIS CONSTRUCTION COMPANY, 1110 CALL CREEK, POCATELLO, IDAHO FOR A CHANGE OF LAND USE DISTRICT FOR PROPERTY LOCATED NORTH OF 4535 BURLEY DRIVE FROM LIMITED RESIDENTIAL iR-2) to Industrial (I) for the purpose of constructing a office/ warehouse and yard. Chairman Kearns read a memo from Steve Smart, informing the commission that Mr. Harris would not be present tonight but the city staff should be able to answer any questions. Steve Smart explained that they want to build an office and store their supplies on the property. Commission discussed 1. Whether they would have to put a fence up to screen the storage. 2. The compatibility with the comprehensive plan 3. Minimum traffic being generated. Chairman Kearns asked for testimony for the proposal. Debbie Overdorf, 4522 Burley Drive. They had no problem with the construction; especially if there were a fence built to cover it. The residents were concerned about the bus stop on Chubbuck and Burley drive. They wondered if trucks would be coming at the same time as their children would be going down the street to get on the school bus, as the road is narrow. Curb, gutter and sidewalk are needed to give the children a place to walk. Chairman Kearns asked for any public testimony in opposition to the proposal. There was none. Chairman Kearns then brought the meeting to the commission for discussion and a motion. Land Use and Development Commission Page 2 August 3, 1995 Richard Pearson moved that we grant the proposal by Harris Construction Company, 1110 Call Creek, Pocatello, Idaho for a change of Land use district for property located North of 4535 Burley Drive from Limited Residential (R-2) to Industrial (I) Myrna Cain seconded. Roll call vote: Myrna Cain, yes; Richard Pearson, yes; Kent Kearns, yes; Mary Harker, yes; Dusty Whited, yes. GENERAL BUSINESS: 1. Advisory recommendation to the city council as to whether or not to exclude a piece of property located in the east half of the northeast quarter of section 11, bounded on the north by East Chubbuck Road, bounded on the west by the Fairgrounds Road and on the east of Interstate 1-15. The parcel contains approximately 47 acres. The request is being made by J & D Partnership. Steve Smart explained the background on this request. The city does not have city services available. The City council had requested that the commission give a advisory recommendation. Steve reviewed the cost of putting in sewer and water to that property. The commission discussed: 1. Setting a precedence by excluding them. 2. The city saying that we will only service land west of the interstate; and letting Pocatello service the land east of the interstate. 3. The impact area of the city'. 4. No services being provided for this area. 5. Pocatello willing to annex this property. 6. Type of soil there in the area. 7. County comprehensive plan Richard Pearson moved to recommend to the city council that we do not deannex the piece of property located at east half of the northeast quarter of section 11. Mary Harker seconded the motion. All voted in favor. 2. DISCUSSION ON THE POSSIBILITIES OF modifying our Land Use Development Ordinances to provide for Twin Homes or Zero Lot line housing development. Dean Wood had requested Steve Smart to put this on the agenda. The only way they can do this type of development now is through the planned unit development. The apartments ~'ould have one continues roof but each unit would have a separate wall. Steve suggested that we wait until Dean Wood was in attendance. Land Use and Development Commission Page 3 August 3, 1995 The commission discussed: 1. PUD as being the only way it can be done at this time. 2. We could be opening a can of worms. 3. The smallest a PUD can be in an R-1 is an acre. Other zones no minimum. 4. Leaving the PUD in place so we can have control. Adjourned 9:10 pm. Richard Pearson moved to adjourn at 9:10 pm, Myrna Cain seconded. arns, Chairman Myrna Ci~po, Secretary 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 August 3, 1995, upon the application of Harris Construction Company (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 I or Industrial, 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 I 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 Industrial (I) 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 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dao chbbck12.05c 10-11 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. 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 n 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 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbckl2.05c 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. DATED this / day of lrtl,__ , 199--K LAND USE AND DEVELOPMENT COMMISSION BY•—-__ _— --- - Cha r an, FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dac chbbck12.05c .� FIIiS`r mmacam TTZYE 00. , n1c. P.O. Hoar 9, (420 South 4th Street Pocatello Ieabn 83204 Phone (208) 232-6224 Fax (208) 232-6257 l� T. n 1. Commitment Date: June 21, 1995 at 2:00 p.m. TO: HARRIS CONSTRIICY'ION ATIN: STEVE HARRIS 1110 CALL CREEK DRIVE POCATELLO ID 83201 2. Policy or Policies to be issued: Form No. 1344-A(1982) ALTA Plain Ianguage Cmdtment Ccmnitment No. 20253-R Policy Mount [X] Standard Owners Policy $10,000.00 ALTA Form 1402.92 (10-17-92) Proposed Insured: HARRIS coNSTRucTim 3 Lenders Policy ALTA Pbrm 1056.92 (10-17-92) PvAmsed Insured: [ ] Endorsements: Proposed insured: 3. A fee simple, interest in the land described in this CmuLitment is owed, at the Commitment Date, by DIE'S SERVICE CwANY, INC. 4. The Land referred to in this Comai.tumt is described as follows: $150.00 Beginning at the Southeast Corner of the North Half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 6 South, Range 34 E. H.M. , BATNOCK COUNTY, IDAHO, thence running due North 142.88 feet to the POINT OF EEGnMING; thence running due North 100.0 feet; thence due West 500 feet; thence due South 100.0 feet; thence due East 500 feet to the POINT OF BEGINNING. EXCEPT THEREFRCM said tract of land, deeded to Village of Chubbuck by Deed recorded February 5, 1965, in Book 193, No. 412662, described as follows: Cammncing at the Southeast Corner of the North Half of the North half of the Southwest Quarter of the Northeast Quarter of said Section 10, Township 6 South, Range 34 E. B.M.; thence mmning due North 155.76 feet to the POINT OF BEGuwm; thence r=Ling due North 87.12 feet; thence due West 25.0 feet; thence due South 87.12 feet; thence due East 25.0 feet to the POINT OF BEGINWD G.