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HomeMy WebLinkAbout011 04 93LAND USE AND DEVELOPMENT MINUTES November 4, 1993 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building. Present: Chairman Kent Kearns, Commission Members: Myrna Cain, Richard Pearson, Mary Harker, Pete Anderson, Gayle Anderson, Council Member, Steve England; Attorney Tom Holmes, Public Works Director Steve Smart, and Secretary Myrna Crapo. Chairman Kent Kearns called the meeting to order at 8:00 p.m. Chairman Kearns asked for approval of the minutes of October 7, 1993. Myrna Cain moved to approve the minutes with Mary Harker seconding. All voted in favor. PUBLIC HEARING: Chairman Kearns asked if any of the commission members had a conflict of interest. There was none. 1. A PROPOSAL BY K. G. GI BBS , 426 E. CHUBBUCK FOR A CHANGE IN LAND USE DISTRICT TO INDUSTRIAL (I) FOR PROPERTY IN THE NE4 NE4 SECTION 10 township 6 south range 34 E.B.M. (435 E. Chubbuck Road). Property is presently zoned Limited Residential. (R-2). Chairman Kearns opened the public hearing. K. G. Gibbs, 426 E. Chubbuck Road addressed the commission and told them that he was building utility and snowmobile trailers and that it was a father and son operation. He bought the ground this year and has cleaned the place up. Keith Robinson, 1113 Booth Road represented himself, his wife and a widow who owned land to the west of the Gibbs property. If Parrish property railroad tie salvage yard would continue indefinitely they would have little objection to the proposal. But they are circulating a petition against the tie salvage yard. This rezoning would encourage same type as at the salvage yard. He would like the city to deny this zoning change. Chairman Kearns closed the public testimony and presented it to the commission for discussion: Steve Smart explained that the comprehensive plan described a line separating residential and industrial zones. There is a gray area of one block or maximum of 500 feet, that needs to be defined. -101` Mr. Gibbs told the commission that he lived across the street from this residence. Land Use and Development Commission Page 2 November 4, 1993 Mr. Smart explained to the commission that they were asking for it to be industrial instead of commercial use because commercial use is not shown in the comprehensive plan. Attorney Tom Holmes told the commission that we were defining exactly where that line is. It has some implications for Gibbs and the Parrish property. The commission then discussed: 1. It would be spot zoning. 2. The only way to do the change would be to define comprehensive plan at one block 400 feet. 3. The decision would establish the location of that separation. Richard Pearson moved to recommend to the city council that we deny the zoning of the property at 435 East Chubbuck Road to industrial to allow the continuation of the trailer manufacture site. Steve England seconded with roll call vote: Myrna Cain, abstain; Richard Pearson, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes; Gayle Anderson, no; Steve England, yes. 2. A PROPOSAL BY DAVID B. WAITMAN, 5039 HAWTHORNE FOR A CONDITIONAL USE PERMIT FOR A USED CAR SALES at 4951 Yellowstone Avenue. Property is presently zoned C-2. David B. Waitman, 5309 Hawthorne, the car sales would be across the street from Parish's car lot and would have approximately 50 cars. Charlie Frasure owns the property and they will not pave it. Steve Stone, 224 W. Sherman #6, a partner to Mr. Waitman explained that they would clean up the lot. If needed they could camouflage the gravel piles and dirt that Charlie Frasure had put there. Their used car sales lot would be in front of it. They plan on putting lighting back by the office and may convert the garage into an office. They might bring in an office building and put in front of the garage. Charlie Frasure would put in a sprinkler system and haul gravel for them. Doug Smith, 4937 Yellowstone, asked if there would be rest rooms there. He would like to see good lighting also. Chairman Kearns closed the public hearing portion and opened it to the commission for discussion. Land Use and Development Commission Page 3 November 4, 1993 The commission discussed: I. Concerns about paving in high traffic areas. 2. Addressing dust control in the conditions. Pete Anderson moved to approve the conditional use permit for David Waitman to operate a used car sales facility at 4951 Yellowstone with the following conditions: ( 1 ) That a driveway and customer parking area be paved from Yellowstone (2) that in lieu of the pavement that gravel be used with some kind of chemical treatment for control of dust. Mary Harked seconded; roll call vote: Myrna Cain, yes; Richard Pearson, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes; Gayle Anderson, yes; Steve England, yes. Chairman Kearns closed the public hearing. GENERAL BUSINESS: 1. A REQUEST BY JOLENE HUTCHISON, 815 EL RANCHO, FOR A WAIVER OF PLATTING REQUIREMENTS FOR STORAGE UNITS at 400 East Chubbuck Road across from the tie yard. David Hutchinson, 1054 E. Maple the son of Jolene Hutchinson addressed the commission. The property has 4.79 acres and 1.79 acres will be for R.V. storage. A security fence will be put around the total area, except for the 10' green way up front. The residential side would have a screening fence. There would be no paving between structures, just slag. Paving the area could cause a drainage problem. They would put in interior lighting. One unit at a time would be build, each additional unit as money became available. Public Works director Steve Smart explained that the comprehensive plan shows the extension of Eagle through this land. He was not aware of this until just the last few days. The commission discussed with the Hutchison's and their neighbors the following: 1. Developers putting in a road 2. P.U. D. of Paul Jensen's having two access. 3. Comprehensive plan being taken into consideration for approval of waiver of platting. 4. Road would need to be plated 5. Road could be on the east side of the property 6. Adjoining property owners valuation 7. Paved area in the storage unit 8. Irrigation water drain ditches 9. Type of fence on neighbors property line 10. Requirement of Shiozawa easements on the end of Whitaker 11. Drop at Siphon railroad crossing. Land Use and Development Commission Page 4 November 4, 1993 Pete Anderson moved to recommend to the council that we require plating of this property. Richard Pearson seconded with roll call vote: Myrna Cain, yes; Richard Pearson, yes; Pete Anderson, ,yes; Kent Kearns, yes; Mary Harker, yes; Gayle Anderson, yes; Steve England, yes. Chairman Kearns explained to Ms. Hutchinson that this motion will bring to ahead the issues about the road that we have been talking about. 2. DISCUSSION ON A PROPOSED ORDINANCE TO REQUIRE PAVED DRIVEWAY CONNECTING THE PUBLIC RIGHT OF WAY WITH ANY REQUIRED OFF- STREET PARKING SPACES and to require appropriate striping. The commission discussed the continual change of ownership and that this ordinance was a good compromise between no paving and paving the whole area. Pete Anderson moved to present this ordinance for public hearing with the change of striping to strips, Richard Pearson seconded the motion. All voted in favor. 3. DISCUSSION ON A PROPOSED ORDINANCE TO ALLOW A CLASS III PRODUCTION BUILDING TO BE USED AS A PRODUCTION BUILDING SALES OFFICE. After a discussion Pete Anderson moved to present the ordinance for a public hearing, Myrna Cain seconded the motion. All voted in favor. 4. FINDING OF FACT, AND CONCLUSIONS OF LAW AND DECISION FOR KELVIN AND NELDA KUGLER TO OPERATE A DAY CARE AND PRESCHOOL and have a sign advertising the business. Mary Harker moved to accept the finding of facts with Gayle Anderson seconding. All voted in favor. 5. FINDINGS OF FACT, AND CONCLUSIONS OF LAW AND DECISION FOR KELVIN AND NELDA KUGLER to operate a used appliance and repair facility. Richard Pearson moved to accept the finding of fact with Myrna Cain seconding. All voted in favor. Mary Harker moved to adjourn with Gayle Anderson seconding at 10:00 p.m. '4& -/--t nt earns, Chairman Myrna po, Secre ry 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 November 4, 1993, upon the application of K. G. Gibbs, (hereinafter referred to as "applicant") for a change in land use district for the real property described on Exhibit A and located at 426 East Chubbuck Road, 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 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 appears to be designated as R-2 in the duly adopted Comprehensive Plan of the City of Chubbuck, although the location of the boundary line between R-2 and I is subject to interpretation. 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 in conflict with the provisions of existing zoning regulations or the duly adopted Comprehensive Plan of the City of Chubbuck as such has been interpreted and enforced by the City in previous decisions. 7. The property in question is not suitable for the proposed land use district, and such uses would not 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 DEGSION - Page 1 dac chbbck12.083 9. The requested zone change is not reasonable to provide orderly development of the City, and to promote economic values and will be detrimental to the public health, safety, and welfare. 10. It is not 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 not 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 not 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 not be granted. DECISION It is recommended that the application for a change in land use district to designate the land described on Exhibit A and located at 426 East Chubbuck Road be denied by the City Council. DATED this ::2 - day of a Oairma nd Use and evelopment C mmission FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 deo chbbckl2.063 CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION RE: WAIVER OF PLATTING This matter having come before the Land Use and Development Commission as required by law, on November 4, 1993, upon the application of Jolene Hutchinson, (hereinafter referred to as "applicant") for a waiver of platting for the real property located at 400 East Chubbuck 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 waiver of platting as particularly described above. 2. All legal requirements have been met. 3. The property is designated as Industrial (I) in the duly adopted Comprehensive Plan of the City of Chubbuck. 4. Relevant criteria and standards for consideration of this application are set forth in Chapter 17.12, Chubbuck Code. 5. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. The Comprehensive Plan shows an extension of Eagle Street in the general area of this development. B. If proposed development does not create a street or allow an easement for the street, it may landlock certain property in the area and violate the Comprehensive Plan. C. Consistency with prior action of the City such as the City requiring an easement on the west side of the Shiozawa development on Whitaker, indicates platting should be required. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION • Papa t dac chbbckl2.084 BASED UPON THE FOREGOING FINDINGS OF FACT, the Commission hereby enters the following: CONCLUSIONS OF LAW 1. The proposed waiver would have a significant impact upon the City's Comprehensive Plan. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the requested waiver of platting of the applicant should not be granted and the Commission makes such recommendation to the Chubbuck City Council. DATED this '), day of December, 1993. LAND USE AND ULOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Pogo 2 dec chbbckl2.OS4