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HomeMy WebLinkAbout003 02 95Land Use and Development Commission March 2, 1995 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building. Present: Chairman Kent Kearns, Commission members: Gayle Anderson, Myrna Cain, Dusty Whited, 51ary Harker, Richard Pearson, Council Representative Steven England, Project Director Gerd Dixon, Attorney Tom Holmes and Secretary Myrna Crapo. Chairman Kent Kearns called the meeting to order at 8:00 PM. Chairman Kearns asked for approval of the minutes of February 16. Myrna Cain moved to approve the February 16 minutes with Gayle Anderson seconding. All voted in favor. Chairman Kearns asked if any members had a conflict of interest. There was none PUBLIC HEARING: 1. An application by Linda Hines, 5955 Castle Drive, Boise, Idaho 83703, for a Change of Land Use District at the vacant lot south of 4170 Hawthorne and north of 4040 Hawthorne (N 1/2 of W 1/2 of SW 1/4 of SW 1/4 of SW 1/4 of section 10 township 6 south, range 34 east of Boise meridian) containing 10 acres; from Agricultural (A) to Dense Residential (R-4) for the purpose of building an assisted living community for seniors. Chairman Kearns asked Gerd for any additional comments. The location of the property is immediately South of the mall entrance. The property line runs back to the fence at the back of the property and backs Pine Ridge Mall property. Their reason for requesting dense Residential R-4 was because apartments are permitted without a conditional permit. Douglas Joyo, 1309 S. Five Mile Road, Boise, Idaho, informed the commission it would be a 80 room facility on this property. It would be a one story frame building with 45,000 sq. that would blend in with the neighborhood. It will have a landscaped court yard area with fencing on the south and east. They wouldn't object to putting in a sidewalk. At the present they have two similar facilities in Boise. Linda Hines, 5955 Castle Boise Idaho is a registered nurse. They are licensed by the state and the state will watch over this facility. They provide medical services to the residences. No cooking is allowed in the rooms, the central kitchen prepares the food. The state determines when the people have to leave to go to a nursing home. The people who live there can have their family come and go any time they want. They have an RN on site. The facility will dispense medication, do housekeeping, laundry, and etc. The people who live there are no longer able to stay in their home. Land Use and Development Commission Page 2 March 2, 1995 Chairman Kearns opened up the hearing for public testimony in support of the application. There was none. Chairman Kearns then opened the meeting to public testimony in opposition to the zoning change. There was none. The public testimony portion of the meeting was closed and brought to the commission for discussion. The commission then discussed: 1. Comprehensive plan shows it as C-2. It is currently Agricultural. 4 is the only zone that allows this structure without a conditional use permit. Cary Campbell, 5175 Tree Valley Road, the city building official explained that someone has to apply for this zoning in order to have a R-4 zone. 2. This is in line with the kind of business that we would like to see put there. Kent Kearns reminded the commission that this is a recommendation to the city council. Myrna Cain made a motion to recommend to the city council to grant the application by Linda Hines, 5955 Castle Drive, Boise, Idaho 83703 for a change of Land use on the property south of 4170 Hawthorne Road from agricultural (A) to dense residential (R-4) for the purpose of building an assisted living community for seniors. I~lary Harker seconded. Roll call vote: Myrna Cain, yes; Richard Pearson, yes; Steven England, yes; Kent Kearns, yes; Mary Harker, yes; Dusty Whited, yes; Gayle Anderson, yes. Chairman Kearns closed the public hearing. GENERAL BUSINESS: 1. Approval of the findings of fact for John and Rosa Marker. Myrna Cain made a motion to approve the findings of fact for John and Rosa Marker, with Gayle Anderson seconding. All voted in favor. 2. Discussion of proposed ordinance for banning Class III Production buildings from moving into the city and setting a five year term to amortized them out so that they are no longer allowed within the city. The Commission then discussed: 1. Cary Campbell explained to the commission the differences in Class I, II and III production buildings. Class II is a double wide home, pitched roof, and siding that goes along with the normal residential siding and is built under HUD standards. Class I is a Boise Cascade Type built homes that are built to the uniform building standards. Land Use and Development Commission Page 3 March 2, 1995 Class III is a mobile home basically built before July 1976. It looks like a trailer home. It isn't required to be built to HUD standards. An example would be those at Bell Trailer Park. 2. The ordinance would not let anymore come into the city and existing ones would have to be out by a certain date. Cary Campbell explained that the sizes of trailers have changed and setbacks need to be changed. The concern is that they are too close together and create a safety problem. Any fire in the older mobile homes can spread from one to another. 3. Establishing a time when we would not accept any more into the city and not allow them to move from one space to another in the city. Establishing a period of time where the existing homes must come into compliance with the city ordinances. 4. Inviting the owner of the courts to come and meet with the city to give their comments. 5. Leaving it up to the court owners to figure how they are going to comply with the set backs. 6. Mailing a copy of this ordinance to all trailer court owners and managers and inviting them into the next Land Use meeting; so we can get their comments. Richard Pearson moved to have our attorney Tom Holmes work on this ordinance adding the information we talked about tonight and then discussing it again at the next meeting and the meeting after that invite the trailer park owners to meet with us. Mary Harker seconded the motion with all voting in favor. Richard Pearson moved to adjourn at 9:00 PM with Myrna Cain seconded. All voted in favor. "l~ar n s, Chairman MY~6rapo,-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 March 2, 1995, upon the application of Linda Hines (hereinafter referred to as "Applicant") for a change in land use district for the real property described a vacant lot south of 4170 Hawthorne and North of 4040 Hawthorne (Nk W� SWI -4 SW -4 SW4 of Section 10, Township 6 South, Range 34 EBM from A or Agricultural 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 A to R-4 for the real property more particularly described above. 11� 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 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 or disapproval of the proposed change in land use district. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page t dsc chbbckl2.05d i 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. AI -N 4. The requested change in Land Use District should be granted. 5. Takings. Pursuant to Idaho Code § 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 chbbck12.05d n DECISION It is recommended that the application for a change in land use district to designate the land described be granted by the City Council. �G DATED this day of _ r, ,, , 19,3: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION • Page 3 dsc chbbckl2.05d �- 4 ✓-- Cha Land Use and Development Commission