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HomeMy WebLinkAbout002 02 95LA~ND USE AND DEVELOPFiEN'T >IEETING February 2, 1995 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building. Present: Chairman Kent Kearns, Myrna Cain, 5lary Harker, Richard Pearson, Steve Shouse, Dusty Whited, Gayle Anderson, Pete Anderson, Council Representative Steven England, Project Engineer Gerd Dixon, Secretary Myrna Cra,po Chairman Kent Kearns called the meeting to order at 8:00 PM. Chairman Kearns asked for approval of the minutes of January 5, 1995. Mary Harker moved to approve the minutes with Gayle Anderson seconding. All voted in favor. Chairman Kearns asked if any of the commission members had a conflict of interest. There was none PUBLIC HEARING: 1. An application by John T. and Rosa G. Marker, 5015 Yellowstone Chubbuck, Idaho 83202 for a conditional use permit 'to have a Oriental Food Carry out and Delivery Service at 5015 Yellowstone. The property is zoned, General Commercial (C-2). Chairman Kearns asked for additional comments from Gerd Dixon. Gerd reviewed the supplementary controls for accessory structures in section 18.12.030. A on page 157. The commission then discussed: 1. They are inspected monthly by the health department. 2. The fact that they didn't have a business license or conditional use permit and were still allowed to operate. The commission expressed concern that the city had allowed them to operate before they received approval on the conditional use. 3. The business springing up over night. The property had a sale sign on the property; was it just recently purchased.? 4. The need for a earnest money agreement before being able to apply. Chairman Kearns opened it up for public comments, the applicant was not present. Chairman Kearns asked for testimony from anyone present in support of this application. There was none. Chairman Kearns asked for any public testimony in opposition of the application, there was none. Chairman K. earns closed the public hearing and brought it back to the commission for discussion. Land Use and Development Commission Page 2 February 2, 1995 Discussion by the commission. 1. The parking access to the property that was required for a business. Gerd Dixon informed the commission that the curb cut is not suitable; and needs to be address as part of the application. Pete Anderson commented that proof of ownership or lease is needed in order to act on this application. We don't have anything to tie them to the property. Pete Anderson made a motion to table this until we have a clearer understanding of what ever contractual relationship between the Markers and whoever owns the property. Tom needs to look into how we address a mobile use on a piece of property. The commission then discussed 1. The cities ordinance that prohibits a trailer being used for a business for anything other than a trailer sales office. 2. How the city deals with food stands at Smith's parking lot. Pete ,Anderson withdrew the motion as Mr. Marker came into the meeting at this time. John T. Marker: ~015 Yellowstone. The property belongs to his mother who has it for sale. He has set up a temporary business and has been running it since December 13th. Health inspectors have inspected it twice and they have given it a 99. During fairs they would move it to location of the fair. They have been going to the different fairs within 'the area. The commission asked )ir. Marker where the people parked. The people park along the north side of the house. They have a gate that can be opened so 'they can pull onto the lawn; there is an entrance way to drive through. The commission talked about the safety inspections. The county does all of the inspections for safety of the food. Gerd Dixon informed the commission that the curb cut is only designed for residential use and not for commercial usage. Parking for the take out should be on )lingo and not through the gate and over the curb. The commission discussed how the parking requirements would be decided. The square feet of the mobile trailer would determine the number of off street parking requirements. Gerd informed the commission the way the property sits nob' there is no way for it to be used as a commercial drive way. There are no curb and gutter down Mingo. Most likely the access would have to be from Mingo. Class I production dwelling are allo%~ed in C-2 zones. Chairman Kearns read the definition of that dwelling. Their trailer would not classify as a class I dwelling. Land Use and Development Commission Page 3 February 2, 1995 Our ordinance would need to be changed in order to allow this type of operation as there are no provision for it to be done this way. The commission discussed: 1. Coca Cola stands 'that are set up. 2. If we want that type of a mobile structure as a permanent structure in a C-2 zone. Chairman Kearns asked for public testimony. There was none so the testimony portion of the meeting was closed and opened to the commission. Kent Kearns reviewed the options we needed to take a look at. We can't even get into the conditional use permit. It doesn't meet the definition of Class I Production dwelling. N-e have to look at it from the ordinances that we have dealing with the land use. The supplemental controls for accessory structures as in this case the residents will become the accessory structure. The only course we have is to deny the use because it is not a class I production dwelling. The commission then reviewed the landscaping ordinances which would require a 10' landscaping strip in front of the business. This site could become a restaurant in a commercial use but not in this application. Pete Anderson moved to deny the conditional use permit because it is not a Class I production Building and any other class of production type buildings are not permitted in a C-2 zone, Dusty Whited seconded the motion. Roil Call vote: Myrna. Cain, yes; Richard pearson, yes; Steve Shouse, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes; Steven England, yes; Dusty B~hited, yes; Gayle Anderson, yes. The conditional use permit is denied. }fr. )iarker ~:as informed that he had the right to appeal the process within 25 days. GENERAL BUSINESS: Chairman Kearns discussed the planning Session in Idaho Falls that they had attended. All of the commission members received a copy of the manual that was passed out. Mary Harker moved to adjourn with Steve Shouse seconded at 9:00 pm. ~ent '~earns, chairman ~ po, Secretary 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 February 2, 1995, upon the application of John T. and Rosa G. Marker, (hereinafter referred to as "applicant") for a conditional use permit to have an oriental food carry out and delivery service on the real property located at 5015 Yellowstone and the 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 conditional use permit as particularly described above. 2. All legal requirements for notice of public hearing have been met. 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 S 67-6512 and in Chubbuck Code S 18.28.040(C). 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. John Marker's mother owns the subject property. B. The business is currently operating in a production building facility. C. Mr. Maker indicates they take the production building facility to different fairs in the area during fair season. D. The curb cut on Yellowstone is not approved by Idaho Transportation Department for a commercial access. E. Parking for customers is a problem and could only be done on Mingo Lane. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dec chbbckD2.183 F. The production building would not meet the requirements of a Class I Production Building and only Class I Production Buildings are conditionally permitted as nonresidential uses in a C-2 area. G. The business has operated since approximately December 13 without Land Use approval and without a Chubbuck business license. BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW 1. i he production building is not a Class I production building. Under Chubbuck Municipal Code S 18.04.050(P)(4) and thus is not permitted under 18.08.040(A). 2. The use cannot be conditionally permitted and therefore must be disallowed. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the Applicant should not be approved and the conditional use permit requested by the Applicant is not granted. DATED this � V day of February, 1995. Land Use and Development Commission By: "Zr '4_._ ---- Chairman FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Paige 2 dac chbbckO2.163