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HomeMy WebLinkAbout012 07 95LAND USE AND DEVELOPMENT MEETING December 7, 1995 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building December 7, 1995. Present: Chairman Kent Kearns; Commission members: Mary Harker, Dusty Whited, Richard Pearson, Gayle Anderson, Myrna Cain; Council Representative Marvin Gunter; Attorney Tom Holmes; City Staff: Larry Kohntopp, Steven Smart; Secretary Myrna Crapo. The meeting was called to order by Chairman Kent Kearns at 8:00 pm. Chairman Kearns asked for approval of the November 2, 1995 minutes. Myrna Cain moved to approve the minutes with Gayle Anderson seconding. All voted in favor. Chairman Kearns asked if any member of the commission had a conflict of interest, there was none. PUBLIC HEARING: 1. An application by Jay Christensen, 15170 W. Lacey Road, Pocatello, Idaho for review of a preliminary plat for Hiline Acres Subdivision. A subdivision located on the SE corner of Siphon Road and Hiline. Richard Pearson moved to table this until the next meeting with Dusty Whited seconding. All voted in favor. Glen Marshall, 200 S. Main explained to the commission what he would visualize for the long term planning on extending Whitaker Road; and that the interchange may go past this piece of property some day. Mr. Marshall asked for consideration on the long term use in the area and to avoid anything on Siphon Road that might raise a concern. 2. An application by Food Services of America, 1495 N. Hickory, Meridian, Idaho, for a conditional use permit for a trucking terminal yard at 4612/4618 Yellowstone. Property is presently zoned General Commercial (C-2). Chairman Kearns asked for any additional comments from the staff. Larry Kohntopp told the commission that portable washing out of truck trailers was not permitted there and the commission needed to address the issue. A mobile wash unit was observed on the site one day last week and that operation is prohibited. ' Don Andrea, 711 Victor, told the commission that it would be a transfer terminal. They would bring their trucks in from Boise and park their vehicles on the property. Chairman Kearns asked about the access. Mr. Andrea said they would come into Cowboy Hitching Post and fuel up and then go to the parking. There will not be a terminal building. They would use the existing building on the site and a new one would not be built. They will bring the full trailer in from out of town and leave it and then take an empty unit that is there back to Boise. Local drivers would pick up the full trucks and deliver them. Land Use and Development Commission Page 2 December 7, 1995 There would be 8 to 12 trailers there at any one time. In the dust season they would put down calcium chloride, as a dust palliative. It would have to be put on each season. They would put in whatever the city requires in the spring of the year, (landscaping requirements). There is no house where they would be parking. McKee's corral would be back by the trucks. Dusty Whited talked about putting up a fence between Johnny B. Goode's and the trucks. · The commission discussed: 1. The noise that would be generated. Chairman Kearns opened the public testimony in opposition to the application. Seeing none, it was opened up to public testimony in support of this application; Seeing none, the public testimony portion was closed and brought back to the commission. The commission discussed: 1. The dust abatement 2. Limiting the total number of units allowed at any time. 3. Washing being prohibited. 4. Entrance from Cowboy Oil being enforced. 5. Fencing could be required. 6. Landscaping being required and a date to have it finished by 7. Lighting issues ' 8. Hours of operation Don Andrea, told the commission that shuttle units usually come in at 2 am and leave by 7 am in the morning. Richard Pearson made a motion that we approve the application by the Food Services of American for a conditional use permit for a trucking terminal yard at 4612/4618 Yellowstone with the following provisions: 1. landscaping is agreed upon and will be completed by July 1, 1996 2. No more portable washing, it is prohibited in that area, unless they build a facility to take care of that. ~ 3. Each season that the dust abatement problem be taken care of. Myrna Cain seconded. 51yrna Cain, yes; Marvin Gunter, yes; Richard Pearson, yes; Kent Kearns, no; Dusty Whited, yes; Gayle Anderson, yes. Land Use and Development Commission Page 3 December 7, 1995 3. An application by Golding Family Limited Partnership, P.O. Box 8, Springville, Utah for a change in land use district to Dense Residential iR-4) for property located at 1052 W. Quinn Road. Property is presently zoned Limited Residential (R-2). Chairman Kearns asked for any additional comments from the staff. There was none. Chairman Kearns referred to a letter received by Wilfred Stratten stating that the original conditional use requirements had not been met. Steve Smart gave background on the application. They want to rezone the entire piece of property to R-4. The commission disc~ssed: 1. The type of fencing that is there now. The east side is chain link as far as the existing improvements. 2. The requirements at the time the original building was built. 3. The building department should review the fire protection Monte Golding, 215 N. 1350 E. Springville, Utah. They have changed the design so that with the parking in back they will put a cul-de-sac and a turn around. The existing parking is close to 60 parking lots. Only 18 people drive or have a car that live there so they have plenty of room. If they do a cul-de-sac they would eliminate the east side parking lots. was unaware of the fencing requirement on the original application as he bought from the original developer. He The walk way to the Pine Ridge Mall was not put in because of the concerns of the Pine Ridge Mall. They are adding 24 more apartments. Chairman Kearns opened the meeting to any public testimony in opposition, seeing none it was opened to public testimony in support of the zone change. Seeing none it was brought back to the commission for discussion and a motion. The commission discussed: 1. The previous conditional use 2. The iss~es in the letter being secondary. 3. This. is a recommendation to the council for the zone change. ~x'Iary Harker moved that we recommend to the city council the zoning change for the Golding Family Limited located at 1052 W. Quinn Road; that the R-2 zoning be changed to R-4 for purposes of developing this property. Myrna Cain seconded. Myrna Cain, yes; Marvin Gunter, yes; Richard Pearson, yes; Kent Kearns, yes; Mary Harker, yes; Dusty Whited, yes; Gayle Anderson, yes. Land Use and Development Commission Page 4 December 7, 1995 4. An application by Bowen Petroleum, P.O. Box 2012, Pocatello Idaho for a change in land use district at Lot 12 of Bonniebray Acres Subdivision, 4699 Burley Drive to Industrial (I). Property is presently zoned Limited Residential (R-2). Clair Bowen, 350 Appalosa, Pocatello, the intended use is to build a maintenance repair shop for their own fleet. Their operating area goes from Bur]ey to Rexburg and from time to time they will bring trucks in for service and maintenance. There would be no more than 6 trucks there at one ~Jme. Trucks will be parked outside of the building. The facility will only hold one truck at a time. There will be two mechanics on duty. Discussion by the commission: 1. The city would like to have all the developments participate in the road. The south half of the property is not interested in developing a street at this time. It will probably have to be decided in the future. 2. The access will be off of Burley Drive. 3. The existing roadway has shifted to the east of the right of way. 4. Parking area 5. Asking for future commitment. Chairman Kearns opened it up to any public opposition to the request: Mark Santucci, 4698 Burley Drive is concerned about the children in the area. Trucks would tear the road up even more. In the winter it becomes a one lane road. He is concerned about the kinds of noise and emissions there will be there. Mr. Santucci doesn't want it in the area. Chairman Kearns opened it up for public testimony in support of the application, there was none. Mr. Clair Bowen told the commission that there will not be a constant flow of trucks in and out. The trucks will not be running all of the time. They will plug them in to keep them warm and not run them over night. Chairman Kearns closed the public testimony portion and brought it back to the commission. 1. This is a request for a zone change. This is not a conditional use permit. 2. Industrial has been the designation of this area for a long time. 3. We previously approved a change in land use district for a piece of property in the area to industrial. Dusty moved to recommend approval to the city council for the application by Bowen Petroleum to change the property at 4699 Burley Drive from R-2 to Industrial (I). Richard Pearson seconded. Myrna Cain, yes; Marvin Gunter, yes; Richard Pearson, yes; Kent Kearns, yes; Mary Harker, yes; Dusty Whited, yes; Gayle Anderson, yes. Land Use and Development Commission Page 5 December 7, ]995 The meeting adjourned at 9:10 PM. K'~eent K~earns, Chairman Myrn~C'r~o, 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 December 7, 1995, upon the application of Bowen Petroleum Co. (hereinafter referred to as "applicant") for a change in land use district for the real property described on as Lot 12 Bonniebrae Acres Subdivision at 4699 Burley Drive, 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 described. 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 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dse ehbbekt2.113 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 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. 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 dec chbbck12.113 DECISION It is recommended that the application for a change in land use district to designate the land described as Lot 12, Bonniebrae Acres Subdivision be granted by the City Council. DATED this - day of 1991 C airman, Land Use and Development Commission FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dbc chbbck12.113 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 7, 1995, upon the application of Food Services of America (hereinafter referred to as "applicant") for a conditional use permit to operate a trucking terminal yard on the real property located at 4612/4618 Yellowstone, 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. n 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. 8 to 12 semitrailers will park at the back of the property. B. Trucks can enter from Cowboy Hitchin' Post on the east and exit onto Yellowstone. C. Loaded trucks will be brought in at 2:00 a.m. and will be dispersed to local areas early in the morning, generally prior to 7:00 a.m. D. A portable truck wash has been observed operating on the property which is not allowed. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck12.112 51111101 E. Applicant proposes to use calcium chloride annually to minimize any dust problems. 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 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dao chbbck12.112 n 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: A. Landscaping as required pursuant to City ordinance, to be installed no later than July 1, 1996. B. No portable washing units shall be allowed. C. Dust abatement as is appropriate shall be utilized each season. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. 4. Takings. Pursuant to Idaho Code g 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 t-, -- - , 195. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dac chbbck12.112 LAND USE AND DEVELOPMENT COMMISSION By: hairman 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 December 7, 1995, upon the application of Golding Family Limited Partnership (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 R-4 or Dense 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 R-2 to R-4 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 C-1 Light Commercial or 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 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck12.114 ,�A k 35 n 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 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 DEMION - Page 2 dec chbbck12.114 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 as Dense Residential (R-4) be granted by the City Council. C - DATED this %fir day of F -0o , '19,95. Ch ' an, Land Use and Development Commission FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dac chbbck12.114 r.� EXHIBIT A PARCEL 1: t A parcel of land located in the east half of the southwest quarter of the scuthwest quarter of Section 10, Township 6 South, Range 34 Q.B.M., Chubbuck, Bannock County, Idaho, and more particularly described as follows: Beginning at a railroad spike marking the southwest corner of kSection 10, Township 6 South, Range 34b E.B.M., Chubbuck, Bannock County, Idaho, thence North 89 36' East, 658.51 feet along the southerly line of said Section 10 to a point; thence North 0033'45" West, 30.00 feet to an iron pin located on the northerly right of way limit of Quinn Road. Said point being the Real Point of Beginning. [-Thence continuing North 0°33'45" West, 1009.80 feet to an iron -pin located at the centerline.of the Fort Hall Irrigation Project O'Leary Lateral; thence South -53032101" East (293.11 feet along the centerline of the Yj Fort Hall Irrigation Project O'Leary Lateral to an iron pin; thence Sguth 0 33'45" East, 733.95 feet to an iron pin; thence South 84`35'53" West, 80:29 feet to an iron pin; thence South 0°33'45" East, 93.00 feet to an iron pin located on the northerly right of way limit of Quinn Road; thence South 89°36' West, 154.00 feet along the said northerly right of way limit of Quinn Road to the'Point of Beginning. PARCEL 2: Ar G A parcel of land located in the east half -of the Southwest Quarter of the Southwest Quarter of Section 10, Township 6 South, Range 34 E.B.M., Chubbuck, Bannock County, Idaho, and more .particularly described as follows: Beginning at a railroad spike marking the southwest corner of Section 10, Township 6 South, Range 34 E.B.M., Chubbuck, Bannock County, Idaho, thence North 89836' East, 658.51 feet along the southerly line of said Section 10 to a point; thence North 0°33'45" West, 30.00 feet to an iron pin located on t8e northerly right of way limit of Quinn Road; thenc North 89 36' ,East, 154.00 feet to the True Point of Beginning;1thence North 89036' East, 80.00 feet; thence North 0033'45" West, a distance of 100.00 feet; thence Sguth 84035'53" West, 80.29 feet to an iron pin; thence South 0 33'45" East 93.00 feet to an iron pin, the True Point of Beginning.