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HomeMy WebLinkAbout010 07 93LAND USE AND DEVELOPMENT COMMISSION October 7, 1993 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building October 7, 1993. Present: Chairman Kent Kearns, commission Members: Gayle Anderson, Peter Anderson, Myrna Cain, T. Kent Hill, Mary Harker; Attorney Tom Holmes; Public Works Director, Steve Smart; Project Director 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 August 5, 1993 minutes. 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 KELVIN AND NELDA KUGLER, 5166 GALENA, FOR A CONDITIONAL USE FOR A DAY-CARE AND PRESCHOOL; TO SELL AND REPAIR USED APPLIANCES AND TO HAVE A LARGE SIGN ADVERTISING THE BUSINESSES at 4801Whitaker. The property is presently zoned limited residential. (R-2). Chairman Kearns then asked for comments from the staff. There were no additional comments. Kelvin Kugler, 5156 Galena, explained what they wanted to do. Nelda Kugler, 5156 Galena answered questions from the commission. They eventually wanted to have 50 children from the ages of 2 to 5. The living & dining room, family room, patio, one bedroom and an office space would be used for the day care. There would be two bathrooms available to their use. The commission discussed day cares as being separate from home occupations. Kelvin Kugler, 5156 Galena answered questions concerning the appliance repair and sales business. There would be no outside storage as everything would be confined to the garage. Most appliances would be done on site in people homes. Once in awhile they would need to take them into the shop or at times someone would give you an appliance that they didn't want to pay to get fixed. The business would be on a part time basis with no advertized hours. Land Use and Development Commission Page 2 October 7, 1993 There would be no visible indication of an appliance business. Those not repairable appliances would be striped and taken to Pacific. The sign would be professional done and about the size of the Mother Goose Preschool. They would like the option to put lighting on it. Keith Robinson, 1113 Booth, owns land next to Parrish's railroad ties. He pointed out that they was a fire hazard down the street with the railroad ties. Mr. Robinson was also concerned with Chubbuck being made a five lane road making it dangerous for small children. Mr. Robinson would also like to see a limit on the size of the sign. Kent Kunz, 4801 Whitaker presented a list of people at Ellis Elementary school who would be interested in placing children in a day care in the area. He has a large drive that makes it safe to drop off children. Elaine Hale, 4825 Whitaker shares the fence. They bought the home because it was a quiet neighborhood. This business would bring more traffic into the neighborhood. There are two school bus stops there at that corner. The noise is a concern in the back yard and the wear and tear on the fence. A letter was read by the realtor concerning the value of their property with this business next door. They are not in favor of this application. Kent Kunz, the fence is 6' and is inside his property line. It is made of solid cedar and a part is a double cedar fence. Nelda Kugler, one of the reasons they were looking at this property is because of the location on Chubbuck Road and the good access place it provides for parents. Wayne Hale, 4825 Whitaker is concerned about the number of children there. There is no business in the area now and this might create a trend. Chairman Kearns closed the public comment portion and returned it to the commission for their discussion. He then went through the issues; 1. child care services, 2. sign, 3. appliance repair and sales. Pete Anderson moved to approach it as three separate issues 1. day care facility, 2. sign and 3. the major home occupation. Mary Harker seconded the motion with all present voting in favor. Use and Development Commission Page 3 October 7, 1993 1. Day Care: The commission then discussed: The hours being from 6:30 AM to 6:30 PM from Monday to Friday. The preschool will be 9:00 AM to 11:30 AM and maybe 1:00 PM to 3:00 PM if needed. There would be no day care in the summer. The first year they would like to have 20 children attending. The graveled oval driveway being ideal for letting children off and picking them up. Installing an additional fence in places to help the Hales with their concerns. The traffic in the morning with the bus stops being there and the traffic to Highland School. The land use patterns in the comprehensive plan. Gayle Anderson made a motion to allow the child care business located at Chubbuck and Whitaker Road on condition of compliance with regular day care center rules of the state and the City of Chubbuck. Mary Harker seconded. Roll call vote: Myrna Cain, yes; Gayle Anderson, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes; Roy quick, yes; T. Kent Hill, yes. 2. Sign: Chairman Kearns gave directions to the commission, the city code and reviewed what was required. read The commission discussed: Limiting the sign to the day care. Mother goose day care sign. Permanent material and professionally prepared. Myrna Cain moved to allow signage of the preschool day care facility in a sign that is comparable in size to the one existing at Mother Goose; professionally prepared, permanently fixed in a safe location approved by the building inspector. Pete Anderson seconded. Roll call vote Myrna Cain, yes; Gayle Anderson, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes; Roy Quick, yes; T. Kent Hill, yes. Land Use and Development Commission Page 4 October 7, 1993 3. Appliance repair and sales. Chairman Kearns reviewed concerns for a home occupation according to the code. The commission discussed: 1. Dedicated parking spaces. 2. A potential hazardous condition with chemicals present. 3. Chemicals present on the site with a day care there. 4. Hours opened for sales. 5. Being compatible in a residential area 6. Limiting to so many appliances. Pete Anderson moved to deny the home occupation for a used appliance repair and sales facility. Roy Quick seconded. Roll call vote: Myrna Cain, no; Gayle Anderson, no; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, no; Roy Quick, yes; T. Kent Hill, yes Chairman Kearns closed the public hearing: GENERAL BUSINESS: Report by David Wessel on the progress of the comprehensive plan. Mr. Wessel informed the commission of where we were at in the process. A final report on the preliminary goals was passed out and reviewed. The commission members thanked Mr. Wessel for the excellent job he had done. Chairman Kearns informed the commission of an upcoming "Eastern Idaho community forestry" conference October 27, and 28th in American Falls. Mary Harker asked if there were any funds available to attend this conference. Mary Harker moved to adjourn at 9:50 pm with Roy Quick seconding. K~-~t ~-~earns, Chairman Myrna Crapo, Se~ 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 October 7, 1993, upon the application of Kelvin and Nelda Kugler (hereinafter referred to as "applicant") for a conditional use permit to operate a day care and preschool and have a sign advertising the business on the real property located at 4801 Whittaker 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. n 3. The property in question is zoned R-2 Limited Residential pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as R-2 Limited Residential 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 City has allowed similar day care/preschool operations in other areas of the city. B. The property has a large driveway which facilitates dropping children off and picking them up without causing problems of backing up traffic. C. The city has a need for day care operations. 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 saw chbbck10.141 _1� 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. Some owners of adjacent property have not expressed approval 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. The applicant must comply with regular day care center rules of the State of Idaho and the City of Chubbuck. B. A sign may be put up for the preschool/day care if the sign is: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 few ehbbek10.141 z comparable in size to the sign at Mother Goose; professionally prepared; permanently fixed in a safe location approved by the building inspector. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this 7th day of October, 1993. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 saw chbbck10.141 LAND USE AND DEVELOPMENT COMMISSION By: tet'. Sy CH'airm-an 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 October 7, 1993, upon the application of Kelvin and Nelda Kugler (hereinafter referred to as "applicant") for a conditional use permit to operate a used appliance and repair facility on the real property located at 4801 Whittaker 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 R-2 Limited Residential pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as R-2 Limited Residential 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. Theuse will involve bringing some large appliances in the home for repair and sales. B. Having large appliances on site for repairs and storage is not compatible with residential use. 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 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 saw chbbck10.142 n 2. The permit sought will produce an adverse impact on the economic values of adjacent properties. 3. The permit sought will 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 indicate that the permit should be denied. 5. The use for which the permit is sought shall 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 not 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. 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 not be approved. 2. The conditional use permit requested by the Applicant is not granted, subject to the foregoing conditions. DATED this 7th day of October, 1993. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 saw ehbbek10.142 LAND USE AND DEVELOPMENT COMMISSION By: s --- airman