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HomeMy WebLinkAbout003 04 93LAND USE AND DEVELOPMENT COMMISSION March 4, 1993 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building March 4, 1993. Present: Chairman Kent Kearns, Commission Members: Richard Pearson, Mary Harker, Gayle Anderson, Pete Anderson, Myrna Cain, T. Kent Hill; Council Representative, Dean Wood; Attorney Tom Holmes, public works director Steve Smart, Project Engineer Gerd Dixon and Secretary Myrna Crapo. Chairman Kent Kearns called the meeting to order at 8:00 p.m. Chairman Kearns asked for approval of the February 4, 1993 minutes. Myrna Cain moved to approve the minutes with Gayle Anderson seconded the motion. All voted in favor. Chairman Kearns asked if any member of the commission had a conflict of interest with anything on the agenda. Gayle Anderson declared a conflict of interest with item #2 and stepped down from the commission when that item was heard. PUBLIC HEARING: 1. AN APPLICATION BY JOHN W. ALLER, 222 1/2 W. LINDEN FOR A CONDITIONAL USE PERMIT TO PLACE A CLASS II PRODUCTION BUILDING (Manufactured home) at 222 1/2 W. Linden. The property is presently zoned Limited Residential (R-2). Chairman Kearns opened the public hearing. John Aller, 222 1/2 W. Linden explained to the commission that he wanted to move the mobile home out and put in a new manufactured home. It would be compatible to the area. He lives next to a Commercial Zone. Chairman Kearns asked for testimony for or against. There being none the public testimony was closed and opened to the commission. The commission asked if it would be built on the present location. Pete Anderson moved to grant the conditional use permit to John W. Aller for the placing of a Class II Production Dwelling on the site at 222 1/2 West Linden. Myrna Cain seconded the motion. Roll call vote: Myrna Cain, yew; Pete Anderson, yes; T. Kent Hill, yes; Richard Pearson, yes; Kent Kearns, yes; Mary Harker, yes; Gayle Anderson, yes; Dean Wood, yes. Land Use and Development Commission, Page 2 March 4, 1993 AN APPLICATION BY RON JOHNSON, P.O. BOX 36, ALAMO, CA FOR A CONDITIONAL USE PERMIT AND PRELIMINARY DEVELOPMENT PLAN WITH ITS ACCOMPANYING PRELIMINARY PLAT for Briarwood Subdivision planned unit development at 4700 Hiline. Property is presently zoned Limited Residential (R-2). Gayle Anderson stepped down from the commission because of a conflict of interest. Chairman Kearns opened the public hearing and asked Steve Smart for comments from the staff. Steve expressed to the commission that if Briarwood doesn't meet city standards the developer might want to organize a owners association to take care of them. The developers would need to verify that they meet city standards. He also told the commission that they needed to decide if they had a 6" sewer instead of the required 8" and if that would be a problem for the commission. Ron Johnson, P.O. Box 36, Alamo, CA explained to the commission what they were proposing to do. The people would own their own home and property. They were reducing the number of spaced from 138 to 98. There would be a 30' green area between the back yards. These pathways would lead into common areas. The common areas would be for recreational purposes. The homes would be on a permanent foundation and have FHA approval. There would be a two car garage or car port and room for two additional vehicles in the driveway. They would give the existing residents a 10% discount and a trade in value on the new homes. Wayne Sheppard, 190 N. Main, Malad, the engineer for the project addressed the technical parts of the project. The developers are willing to address the city issues. They want to provide a good development. They must seal off the sewer hookups that are not used. They will determine if the streets meet city standards and if not they will bring them up to city standards. A home owners association for the maintenance of the streets is not desirable. Meters will have to be installed on the back of each lot. The street overlays and redoing the sewers would stop the development. The set backs are an important issue to them. They were looking at 10' front setbacks; 15' rear setbacks, 5 and 10 for side yard setbacks. Land Use and Development Commission Page 3 March 4, 1993 Austin Perkins, 4600 Hiline #99, addressed concerns about family units having to move and the $3,000.00 that it would cost to move a double wide. He had lived there three years and was against it. Tressy Van Horn, 4600 Hiline #44, is renting her trailer and likes her yard and neighborhood. She is against the development. Her rent for the trailer and space is $375.00. Michelle Perkins, 4600 Hiline #99, has a 1971 trailer and can't find another trailer park that would take that year of trailer. She has been fixing up her trailer a little at a time. Her lot rent is $100.00 and $235.00 is her total payment. Mary Norris, 4600 Hiline #101, has been there 13 years. She doesn't have the money available to move. She doesn't think it is fair for her to have to move. Patricia Kelly, 4600 Hiline #49, has been there 15 years and will have to go on welfare if she has to move. They haven't done anything to maintain the trailer park. Sheila Griffiths, 168 Jacob owns a trailer that she rents out. It would take $400.00 to level, $576.00 to skirt the trailer, $200.00 for electrical hook-ups and $150.00 to move a single wide. She would like to be compensated if they have to move. She moved her trailer there this fall and collects $350.00 in rent. Rod Benedetti, 1168 Rancho, has had a trailer there since 1974 that he rents out. It has been there so long that he doesn't know if he has an axle on it so he could move it. He would like to have them pay to move the trailer. He charges $300.00 for rent. Berry Crane, 4600 Hiline #103, Asked about the 10% discount trade in on units. He questioned how many could qualify for a loan. He has had problems with the sewer water near his place. Could the sewer and water lines handle it. The street conditions are not good because of the run off at the end of the street. There is a small depression at the end of street where he lives. He has been there 8 years. Wendy Crane, 4600 Hiline #103, She would like to know when they would have to move, she has never seen a fire hydrant test done. Land Use and Development Commission Page 4 March 4, 1993 Margaret Sutherland, 4600 Hiline #70, has lived there since 1979. She would like to know how much it would cost for a new home. She plans on retiring in October or November. Would they plow and light the area. There is a fire hazard with weeds and the city has done nothing to take care of that problem. John Doyle Richardson, 4600 Hiline #78, He has lived there for fifteen years moving there after retiring from the railroad. Only 1/2 of the park has been developed. His trailer is a 1976 model and he is concerned about the added expense to some trailer owners. He has had no problems with the sewer. His taxes are around $300.00 Robin Richards, 4600 Hiline #32, can't afford to move from there. She owns property in Inkom where she hopes to move someday. Her trailer is a 1976 model. The sewer backs up in the lot next to theirs. She would like them to purchase the trailers out right. Lorraine Taylor, 4600 Hiline #76, is all for beautifying the park. They have lived there for 17 years. There is nothing good about the present park. People don't take care of their lots. Neil Porter, 4600 Hiline #35, has been there 15 years. He maintains a nice yard and has spent money each year on fertilizing it. He would like to be compensated for his investment in his lawn. Lee Taylor, 4600 Hiline #76, the streets are in good shape and they have not had any problems with the sewer, water, etc. He was promised things in good faith when he moved there that have not been done. The maintenance of the park has not been addressed. Is the park in bankruptcy? He would welcome a change. Kathy Henderson, Park Manager, the park was well intended when it was started, but because of circumstances it was not followed through. The park can't support it self any more. A lot of the rent is not being paid. She can't collect enough rent money to keep the park going. They are not in bankruptcy, but it is a strong possibility if it continues the way it is going. She has received phone calls at all hours of the day and night, and ugly letters calling her dirty names. Thousands and thousands dollars of rent has not been paid; but she can't carrying people any more as she doesn't have the money. Land Use and Development Commission Page 5 March 4, 1992 Gayle Anderson, 12527 N. Yellowstone, has rental units on Idaho Housing. He feels that the people need to be compensated if they have to move. The sewer is under the trailers. They need separate water lines and sewer lines. Some people haven't paid for two years. Vickie Hawkins, 4600 Hiline #27, has lived there for 17 years. She never anticipated she would have to move. With their monthly budget this is all the rent they can afford. Her and her husband have low income jobs. Henderson's should have evicted those not paying. Randy Spencer, 2712 Jerome, is a real estate salesman. The financing that is being offered is the best you can get, 1st time home buyers with IHA will par 7% to 7.5%. The prices of the homes would be from $53,000 to $67,000. Monthly payments being $400.00 to $525.00 a month. Wendy Crane, 4600 Hiline #103, took out bankruptcy 12 years ago. She is one of those who is behind in her rent and Kathy has extended them every courtesy. They try hard to keep their yard up so they can be an asset to the area. Kids are turning on the yard hydrants and letting them run. Sheila Griffiths, 168 Jacob, the older trailers can't move as the trailer courts won't take them. Rodney Parrish, 689 E. Chubbuck, felt they needed to meet the same requirements as a development on a new piece of ground. Betty Jensen, 4600 Hiline #2, She has lived there for 17 years in her double wide. Her yard has been kept up so why do they have to move. She can't afford a new home. Tricia Van Horn, 4600 Hiline #44, wants a place for her two children to run around in. How are they going to help low income people. She doesn't want to move. How are they going to help them find a place. Brent Mecham, 4600 Hiline #16, is selling his place. Are the set backs going to be improved. When will a decision be made. Larry Gilbert, 4600 Hiline #79, wouldn't mind buying his lot, he likes his trailer. Could he park his boat, camper and snowmobiles in the driveway or would he have to move to another park. If the existing trailers have to be put on a concrete pad who would move them. Land Use and Development Commission Page 6 March 4, 1993 Ron Johnson, their desire is to have people own their own homes and lots. Their lots will be nice and will be saleable in the future. It will be safe for children to get to the park without having to cross busy streets. They have been developing for over 30 years. They would like the opportunity to sit down with the residents and talk to them. The sewer will need to be adequate or they will not buy. They will comply to zoning and PUD requirements. In order for people to remain there they must meet certain conditions such as 1. having double-wide trailers, 2. keeping equipment such as snowmobiles out of drive way. They are presently negotiating to buy a mobile home park where these people could move to. It does accommodate the older mobile homes. They will help in anyway that they can but will not pay to move them. The development will be in three phases with the 1st phase starting off of Hiline. Hopefully they will be done in one year. The engineering work after the approval of the preliminary will take from 30 to 60 days and they hope to start the 1st of June. Ralph Hendersen, 5118 Whitaker, the park has an 8" water line going into the park. They followed as close as they could the plans that were drawn. If he gets the park back he will not allow people to rent out their trailers. At the present time within a mile and 1/2 there are 350 spaces available for rent in other parks. Marty Wood, Cathy Hendersons fiancee, after he is married, the court will not be run the same way as it is now. They will be making changes. Brent Mecham, 4600 Hiline #16, Briarwood has the cheapest rent in this town. Sheila Griffiths, 168 Jacob, they don't mind having the rent raised but can't afford to move. Rose Lee Hebdon, 4600 Hiline #9, Someone moved in a trailer that wasn't in good shape two weeks ago- why didn't the city stop them. , Mary Norris, 4600 Hiline #101, Is there a grandfathers clause that tells you they can't move you out. Kathy Henderson, owner, I don't have the money to keep the court going. Land Use and Development Commission Page 7 March 4, 1993 Chairman Kearns closed the public portion and opened them to the commission members. The commission members discussed: 1 Rent not being paid 2 Private property 3 Is it a PUD-when you look at the reduction in set backs 4 Utilities concerns 5 Quality of streets 6 Precedence for future developments 7 Making a lot of concessions 8 Their need to meet with residences 9 Will improve the area 10 Compensating people who have to move 11 Dropping standards 12 Smaller lots needed in the area 13 We need to give them a direction so they can commit. 14 Increase set back to 15 feet average. 15 Concession we are giving 16. Letting preliminary development continuing to come up with final yeas or nays. 17. Set back latitudes we have. 18. What concessions we need to make 19. Reviewed staff report item by item. 20. The need to have them address the 15 items on the staff report and make a proposal on how they would resolve them. Pete Anderson moved to approve the preliminary plat, PUD concept and the development plan subject to a proposal by the developers to address the 15 items with the exception of #13 which would be an average of a 15' front setback, 15' rear setback and 5' and 10' side setbacks; and that they come up with a proposal on a relocation plan for the people living there. Mary Harker seconded the motion. Mr. Jerry Doman told the commission that unless the city would consider the existing 6" sewer line that they wouldn't be able to do the project. Pete Anderson amended his motion and added "Sewer has to be working standards and meet city approval." Mary Harker seconded the amendment. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; T. Kent Hill, yes; Richard Pearson, yes; Kent Kearns, yes; Mary Harker, yes; Dean Wood, yes. Land Use and Development Commission Page 8 March 4, 1993 GENERAL BUSINESS 1. FINDING OF FACTS FOR HERITAGE WEST NO. 4 change in land use district. Pete Anderson moved to approval the finding of facts with Myrna Cain seconding. All voted in favor Chairman Kent Kearns informed the commission that Richard Pearson and Mary Harker were being added to the comprehensive plan subcommittee. Mary Harker moved to adjourn at 11:55 pm. Chairman n CITY OF CHUBBUCK LUDC Staff Report February 24, 1993 APPLICANT: Ron Johnson, PO Box 36, Alamo, California APPLICATION: Conditional use permit for a PUD at Briarwood trailer park along with, review of a preliminary plat of Briarwood Subdivision. PRESENT ZONING: Area that is to be considered is currently zoned as Limited Residential (R-2). EXISTING LAND USE: Residential as existing Briarwood trailer park. APPLICABLE CODE SECTIONS: 18.20 Planned Unit Developments. 18.20.080.A Landscaping of common area permits 10% increase in density. 18 .8.040 Conditional Use Permits. 18.28.050 Consistency with comprehensive plan. Preliminary plat conforms with the requirements of Titles 16 & 17, with the exceptions noted below: EXCEPTION NOTES: 1. Waterlines to be minimum of 6" diameter. Fire hydrants need to be connected to minimum 6" lines. There are some 4" diameter lines. Office data not reliable enough to ascertain whether the hydrants are connected to 6" lines. 2. Water pipe material is not known and needs to be established. 3. Hydrants need to be turned to face the street, and also be capable of supplying 1000 apm @ 20 psi residual pressure. 4. Water valve locations shall be verified and valve boxes raised to pavement surface. If valving fails to meet standards. additional valves must be installed. 5. Sewer lines to be minimum of 8" diameter. Condition and Grade of sewer lines need to be verified by TMJ inspection. n i"\ 6. Street pavement section must be verified, by coring, to substantiate conformity with City standards. If pavement section is sub -standard it must be brought into City standards. (The most cost effective solution would be a structural asphalt pavement overlay.) Drainaae swale needs to be provided across park area at west end of property. a. Drywells need to be provided at approximately 600 lineal feet intervals. 9. No construction will be allowed in easements/common areas, and will be kept free of obstructions to allow repair and or maintenance access. 10. Unused water services will need to be removed and abandoned at the corp stop. 11. Water mains will have to be interconnected to those already existina at Whitaker and Eaqle. 12. Evidence suaaests that many leaks exist in the present water system. Repairs will have to be made prior to acceptance by the City. 13. Due to required front and backyard setbacks (20'), class II production buildings will have to be located parallel to the street. 14. Because of the general condition of the subdivision the City may be reluctant to accept ownership of the streets and utilities. As an option to continuing development, the developer ma -,,r wish to organize an owners association to assure and assign responsibility for maintenance of the streets and or utilities. 1S. There has been some question as to the width of the sidewalks in the development, City standards require 4' wide sidewalks. 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 March 4, 1993, upon the application of Ron Johnson and Sterling Development (hereinafter referred to as "applicant") for a conditional use permit for a Planned Unit Development, review of a preliminary plat and approval of a preliminary development plan on the real property located at Briarwood Trailer Park, 4700 Hiline Road 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 Limited Residential (R-2) pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as Limited Residential (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. Briarwood Trailer Park is approximately 17 years old and was put in as a production building cluster arrangement. B. Due to personal and financial situations of the owners of the park, the park has been inadequately maintained for some years. C. The park, as it is currently structured, is not economically viable for the present owners, and the present owners have indicated a definite intention to change the structure of the existing park if this proposal is not approved. Specifically, one of the owners indicated they would do away with rental situations. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 saw chbbck03.053 n D. These factors are important because the resistance from the existing owners is in large part based upon a desire to maintain the status quo and not to have to move from the park. E. It appears from the testimony of the owners that the status quo will not be maintained due to economic problems with the park and that the use will change anyway. F. The existing utilities and streets are to some extent of an unknown quality and various testing and investigation will need to be done before the city will be willing to accept dedication of those utilities and improvements. G. The applicant has suggested some avenues may be available to minimize the impact upon the residents of the park if they have to relocate. H. The park as it is configured has problems with respect to maintenance of the lots, pooling of runoff, leaking water and possible leaking sewer lines. I. The proposed development would upgrade the area, and would provide housing in the $60,000 range that is presently largely unavailable in the Pocatello-Chubbuck area. J. The applicant appears to offer an alternative for housing that would be not much greater for out of pocket monthly payments than what some of these present park owners would currently be paying for rental of both a lot and a mobile home and, as owners, any purchaser of the project in the future would have the potential benefit of property appreciation and stability. 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 saw chbbck03.053 n the noise and traffic conditions now exiting 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 and on the present residents of the park needs to be minimized by Applicant as much as is reasonably possible. 8. Owners of adjacent property have not expressed approval of the issuance of the requested conditional use permit. Most of the residents of the park have expressed disapproval of the proposed project due to the cost of relocation and a desire not to relocate. 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 must be satisfied before the Commission would recommend approval of the final plat and final development plan to the City Council and applicant, by taking advantage of said conditional use permit agrees to the imposition of the same: A. Attached as Exhibit "A" is a staff report dated February 24, 1993. Developer will need to address the fifteen points listed and propose how to deal with those problems to the satisfaction of the city. Notwithstanding that, the city would be willing to accept sewer lines of six inches in diameter provided the condition and grade of the sewer lines is verified by TV inspection and is determined to be of acceptable quality. B. Item 13, with respect to setbacks, would be modified to provide a fifteen feet front yard setback average throughout the project, fifteen feet in back and five feet on one side and ten feet on the other side for setback purposes. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 saw chbbck03.053 C. Additionally, the developer will need to make some proposal with respect to relocation of the people to the satisfaction of the city. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this / day of ,�,��� , 1993. LAND USE AND DEVELOPMENT COMMISSION By: s tl%irm-an FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 4 saw chbbck03.053 /'IN EXHIBIT "A" CITY OF CHUSEUCK LUDC Staff Rec,ort February 24. 1993 �"- - _..- _ ... :a ice. ._z 11_ us. _ - i.._ _ T'_ a - _ - a _ I w C n v _ ti 1. . r te , n =F e Z 7"7 "' 7r.. T"1,2: "ria }:�T -s +_ }.F _ : :dere^_. C`'_rr, ^.t l v �S �-mite:. Zw -•=_- r:+,__ �. _1 . E XI.`.Ti*C LAid^ U S._ Res ident_a1 as e.__s+-P7 Br:=...w_cd trailer nark 1�._�' _a...._:: _' :�+ -1_t.el -men+_. .0 s.+ -_n:mcn are _ --..._tc iY:_ra_ce in = n s :�.__•�`� ' CGnS1Ste^ - with ccmr�rehensive plan. Yrelimi�ary + _ orp T th the requirements cf Titles 16 & 17 ms w: with the E;. entions noted below: EYCEPTION NOTES: 1. Waterlines to be minimum of 6" diameter. Fire hydrants need to be connected tc minimum 6" lines. There are some 4" diameter lines. Office data not reliable enough to ascertain whether the hydrants are connected to 6" lines. 2. Water pipe material is not known and needs to be established. ?. Hvdrants need to be turned to face the street, and also be capable of supplying 1000 qpm @ 20 psi residual pressure. 4. Water valve location_ shall be verified and valve boxes raised to pavement surface. If valving fails to meet standards, additional valves must be installed. S. Sewer lines to be minimum of 6" diameter. Condition and grade of sewer lines need to be verified by TV inspection. _. :. _ _- _�;�..�...�..,. sem_`:.... ,.._._ _ •,'er_r���. '_=__:r� __ -:nrcrmit v h C, 7 S`. "..%+ C+=:!rj.�r: _+ est L= - _ - qq- +, = rc l l _e - 1'r. ':7 , easc-TM:e-nts ,'cC T, r.^,r =reYc =rwi .t^t •_.c = ? =w red __r _.:.'.i ='r 11 lh'..ra•=r .,.Gins w 1 1ave- to to i n t e r c_•, ri n e4' r;•..a +;D t:i se .71r=�:: • _ �- c c _ c +h_� 1sa G e.. _ st i r, t :P r,rGce-::+ ;-:dt er GL r__.._ .iC..uh'Uildinas wi1_1 have to he located parallel t_: the i-' E__._..:.se_ of '7eneral 'C•ndi+,iOn Gr "he subdiv, Sion the City rra-; be reluctant tc accent ownershir. cf the stree+s and Lit ili+les. As an option to continuing development, the level'=r^r mar wish to orjani ze an owners association to assure and assian resronsibilitY for maintenance of the streets and Or utilities. . 15. There has been some auestion as to the width of the sidewalks in the development, City standards require 4' wide sidewalks. 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 March 4, 1993, upon the application of John W. Aller (hereinafter referred t� as "applicant") for a conditional use permit to Plan a Class II production building on the real property located at 222-1/2 W. Linden 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 Limited Residential (R-2) pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as General Commercial (G-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. Applicant will remove an existing single wide Class III production building and replace it with a newer and larger Class II production building. B. Class II production buildings are conditionally permitted in both R-2 and C-2 areas. BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 chbbck03.052 1I n 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 exiting 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 of the issuance of the requested conditional use permit nor have they opposed it. 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: None. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 chbbck03.052 n 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this �� day of ARA 1993. LAND USE AND DEVELOPMENT COMMISSION By: -r �---- - airman FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 chbbck03.052