HomeMy WebLinkAbout006 01 95LAND USE AND DEVELOPMENT COMMISSION
June 1, 1995
Minutes of the regular meeting of the Land Use and Development Commission
held in the city municipal building June 1, 1995.
Present: Chairman Kent Kearns, Commission members: Gayle Anderson, Mary
Harker, Dusty Whited, Peter Anderson, City Council Representative LeRoy
Quick; City Staff: Larry Kohntopp, Steve Smart and Gerd Dixon.
Meeting called to order by Chairman Kent Kearns at 8:00 PM. Chairman Kearns
asked for approval of the minutes of the April 6, 1995 minutes.
Chairman Kearns had a correction for the minutes; the motion made by Pete
Anderson on Darlene D. Siebert conditional use should have added" with the
stipulation that it is transferrable at the sale of the property so long as it is
maintained as a Class II Production dwelling."
Gayle Anderson moved to approve the minutes with the correction. Mary
Harker seconded. All voted in favor.
PUBLIC HEARING
Chairman Kearns asked if any member had a conflict of interest. There was
nolte.
AN APPLICATION BY CALEB AND CORIENA CASPER, 739 S. ARTHUR #B,
POCATELLO, IDAHO FOR A CONDITIONAL USE PERMIT TO PUT A CLASS II,
MODULAR {manufactured) home at approximately 4063 Ronald Road. The
property is presently zoned Limited Residential (R-2).
Chairman Kearns asked if Caleb & Coriena Casper was in attendance,
they were not.
Chairman Kearns advised the commission that in their motion they might
state they need to satisfy all easements, streets and utilities being
serviced to the property and that they are maintained to the cities
satisfaction. They also need to comply with section 17.16.050.
Chairman Kearns opened the meeting for public testimony in opposition;
there was none. Chairman Kearns then opened the meeting for public
testimony in support of the application. There was none. The meeting
was then turned back to the commission for discussion and a possible
motion.
Pete .Anderson moved that we grant the condition use permit to Caleb &
Coriena Casper to place a class II production modular home, with garage
located on Ronald Road with the condition that the conditional use
permit be transferrable with the property as long as it is maintained as
a class II production building and as long as it complies with 17.16.050
of the code. Mary Harker seconded. All voted in favor.
Land Use and Development Commission
Page 2
June 1, 1995
2. AN APPLICATION BY LINDA HINES, DOUG JAYO AND SCOTT JENKINS, 5955
CASTLE DRIVE, BOISE, IDAHO 83704 FOR A REVIEW OF A PRELIMINARY
PLAT FOR RIDGEWIND SUBDIVISION. A subdivision located south of 4170
Hawthorne and north of 4040 Hawthorne (SW 1/4 section 10, T.6S., B.34
E., B.M.) Property is presently zoned Dense Residential (R-4).
Staff report: Chairman Kearns reviewed the staff report.
Terry Rader, 1309 S. 5th Mile Road, Boise, represented the
applications.
Steve Smart advised the commission that they wanted to try and
get a partial building permit before the preliminary plat is
finalized, as June 19 is the anticipated starting date.
Tim Shurtliff 426 W. Lewis, talked about special dispensation to start the
foundation before the final plat. They need to know what the set backs
are before they can do it.
Chairman Kearns asked for public testimony in support of the
application- there was none. Chairman Kearns then asked for public
testimony in opposition to this application. There was none. Chairman
Kearns then closed the public testimony and brought it back to the
commission for discussion.
The commission talked about the need for a privacy fence between the
residential area.
Pete Anderson moved to recommend approval of the preliminary plat of
the Ridgeway Subdivision with the condition that a 33' right of way be
changed to 40' which is required by a subsequent ordinance and that
all improvements be constructed in compliance with title 16 of the city
ordinance. Gayle Anderson seconded All voted in favor.
AN APPLICATION BY CHUBBUCK FIRE DEPARTMENT, 4727 YELLOWSTONE,
CHUBBUCK, IDAHO FOR A CONDITIONAL USE PERMIT TO ALLOW TWO (2)
SHIPPING CARGO CONTAINERS FOR STORAGE. Property is presently
zoned General Commercial (C-2).
Chairman Kearns reviewed the minutes of the Land Use on December
1989 to see what was required of the City when they put in shipping
cargo containers for baseball storage.
Cary Campbell, Fire Chief, 4727 Yellowstone addressed the commission.
They are asking to put 2 piggy back cargo containers at the fire
station. They have equipment, etc. that they need to get out of the
bay. Cary showed a picture of the containers. The people they are
buying it from will come in and paint it. They plan on setting it West
of Walley Automotive, behind a 6' fence, basically so it will be hidden
from view. No flammables or chemicals will be stored in them.
Land Use and Development Commission
Page 3
June 1, 1995
They are moveable and part of the purchase price will be for them to
place them where the Fire Department wants them. The doors can be
locked securely; they will have corrugated siding.
Chairman Kearns opened the meeting for public testimony in support of
the application, there was none. Then Chairman Kearns opened the
meeting for public testimony in opposition, there was none. Chairman
Kearns closed the public testimony portion and brought it back to the
commission.
The commission discussed the following:
1. Concerns about the next C-2 zone that wants shipping containers.
was discussed that we can control it by the controls that were
mentioned in the staff report.
2. 18.12.030 are the controls of an accessory.
3, The need to look at the conditions that we need to have to accept
these containers.
4. The containers will be put on a pad. The color is complimentary to
the fire station and they have taken pains on where to locate them.
They have maintained and kept their facilities very well. One container
is basically for basic seasonal equipment.
5. As a minimum requirement we need them to make an aesthetic
qualities requirement in the motion. We also need to include it in the
motion that it is approved for the location they are planning now; if
they ever move them they need to come back to the commission for
approval.
Pete Anderson moved to grant a conditional use permit to Chubbuck Fire
Department to place two storage containers as indicated on the attached
drawing. They would be of the color presented tonight, that they be
well maintained and sit on concrete pad with sufficient design to
support the structures. That the area around them also be maintained.
If they are to be relocated at any time or due to any circumstances the
conditional use will have to be reviewed by the land use commission.
Mary Harker seconded the motion.
Roll call vote Gayle Anderson, no; Kent Kearns, no; Mary Harker, yes;
Dusty Whited, yes; Pete Anderson, yes; LeRoy Quick, yes.
Land Use and Development Commission
Page 4
June 1, 1995
GENERAL BUSINESS:
1. DISCUSSION OF PROPOSED ORDINANCE MODIFYING STREET SECTIONS. The
City of Pocatello is using this idea. In this area you can put water
meters, transformers, mailboxes, snow in winter time and a lot of things.
Water and sewer lines can even go down those strips.
Our current ordinance width standards is what we call standard B.
staff has considered eliminating standard B altogether. Standard A
ought to be preferred and we need to encourage its use. Pocatello
sometimes has sidewalk placed on private property.
The
The commission discussed:
1. Home owners liability on that type of sidewalk.
2. The City being able to enforce them. We should be able to enforce
them even if on private property. Satterfield drive with sidewalks on
private property didn't work. If you have driveways you need to
increase the setbacks so you can have room to park the car.
3. On Collector streets, minor, and major arterial's we would discourage
direct access to driveways as much as we possible can. We may need to
review them on a case by case basis.
4. The need to have two standards with standard A being preferred.
We need some type of a transition which could change the character of
a neighborhood.
5. Having a stand alone subdivision using standard A. Standard B
would be considered when we are tieing into the existing sidewalks.
6. Width of the asphalt could control traffic and slow people down.
7. The need to write this ordinance so the developers creativity isn't
taken away. We may need to write the ordinance so some areas could
be flexible.
Tim Shurtliff- We need to plan ahead for bicycle paths as we consider
this ordinance.
8. On the minor and major arterial's we need to work out how we are
going to get a bike path.
9. Collectors having a 5' sidewalk, with a 8.5' planning strip. Steve
Smart is to check out bike path standards.
Land Use and Development Commission
Page 5
June 1, 1995
Right now the sidewalks will be left in the right of way. Steve Smart
requested that the Land Use Commission set this up for a public
hearing.
Pete Anderson moved that we do the research and come back and be
ready to go to land use public hearing on the next meeting. We could
use the work session to discuss any changes.
Pete Anderson withdraw his motion from the floor. We will not publish
it for the next meeting, but will review the revisions at that time.
2. DISCUSSION OF PROPOSED ORDINANCE MODIFYING PIPELINE MATERIALS AND
MORE STRICT CONTROLS ON CONSTRUCTION MUD AND DEBRIS IN STREETS.
The Commission discussed:
1. The need to clear up the kind of water line to use. PVC pipe being
one of them. If we go to pressure pipe we need to implement testing
standards to go along with it.
2. The other standard is dust, dirt and materials control on streets.
The city would like to press this and if the construction crews don't
clean up then the city would do it and bill them.
Peter Anderson moved to take the proposed ordinance to public hearing.
Mary seconded. All voted in favor
The commission discussed the state law that limits the city Planning and
Zoning to two terms.
Larry Kohntopp was introduced as Planning and Zoning assistant.
The meeting was adjourned at 9:45 pm.
~ Keff~ Kearns, Chairman
Myrn%~ (~apo, 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 1, 1995, upon the application of Caleb and
Coriena Casper (hereinafter referred to as "Applicant") for a conditional use permit to
place a Class II modular home on the real property located at 4063 Ronald Road 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 Residenital (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. Use appears compatible with the location.
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.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION . Page 1
dac chbbck/2.050
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:
A. Permit is transferable with the property.
B. Building must be maintained as a Class II production building and
comply with Section 17.16.050 of Chubbuck Code.
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
dac chbbck12.050
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
LAND USE AND DEVELOPMENT
COMMISSION
By: ,/, - -
Chairman
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
dec chbbck12.050
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 1, 1995, upon the application of the Chubbuck
Fire Department (hereinafter referred to as "applicant") for a conditional use permit to
allow two (2) shipping cargo containers for storage on the real property located at 4727
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.
3. The property in question is zoned General Commercial (C-2) pursuant to the
Land Use Ordinance of the City of Chubbuck.
4. The property is designated as General Commercial (C-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. The containers are needed to store fire equipment.
B. The containers will be behind a six foot fence and hidden from view.
C. No flammables or chemicals will be stored in them.
D. The containers will be painted a color which will blend in with the
surroundings.
E. The doors of the containers can be locked securely.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
doe chbbck12.059
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.
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:
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
dao ahbbck12.059
,,"ON A. Containers will be painted the color proposed at the hearing.
B. Containers must be well maintained.
C. Containers must sit on a concrete pad with sufficient design to support
the structures.
D. The area around the containers must also be maintained.
E. If the containers are relocated at any time, or due to any circumstances,
the permit will have to be reviewed by this Commission.
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
n of the property or to grant an easement.
n
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.
y� 15'(1DATED this I=: day of kc� , 1993.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
dsc chbbck12.059
LAND USE AND DEVELOPMENT
COMMISSION
By: Z
Ch man