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Home My WebLink About012 05 91LAND USE AND DEVELOPMENT COMMISSION December 5, 1991 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building November 7, 1991. Present- Chairman Kent Kearns; Commission Members' Myrna Cain, Betty Pools, Pete Anderson, Rubon Robello; Engineer Steve Smart; Attorney Tom Holmes. Chairman Kearns asked for approval of the November 7, 1991 minutes as mailed. Myrna Cain moved to approved the minutes with Betty Pools seconding the motion. All voted in favor. PUBLIC HEARING: 1.A PROPOSAL BY STAN LEBSACK, 4692 BURLEY DRIVE, FOR A CHANGE OF USE DISTRICT TO I, (INDUSTRIAL). Property is presently zoned R-2 (Limited residential). Chairman Kent Kearns opened the public hearing. Lee Markin, 4692 Burley Drive represented Mr. Lebsack. Mr. Lebsack wanted to use the area for auto body work, but was not going to be doing any work right now. He wanted to wait until the property was paid off before starting the business. Chairman Kearns asked for any testimony for or against. Harvey Barrus, 4562 Burley told the commission Mr. Lebsack did body work all night long last summer, which prevented them from sleeping. His wife has lived there for more than 25 years. There is an acre of ground between their home and Mr. Lebsack. Mrs. Barrus, 4562 Burley drive would like to make improvements on their home, and would like to keep it residential. At 1:00 AM they were overhauling snow machines. The street can't stand any more traffic. Mrs. Doris Ranstrom, 4418 Burley. A better access to and from Burley Drive is needed. The traffic is bad and there is speeding on the street. Gary Ratliff, Business owner at 4698 Burley stated that the zoning requests adheres to the comprehensive plan. He questioned whether the other businesses in the area were legal. Mrs. Delores Barrus, 4562 Burley Drive, has a conditional use permit to operate a day care center in her home during day light hours. Land Use and Development Commission December 5, 1991 Page 2 The commission reviewed the present and future zoning on Burley Drive. Chairman Kent Kearns closed the public hearing, and informed the commission that the mobile home located on the property could not be added to or built on, once the zoning was changed, without a conditional use permit. Steve Smart showed the commission pictures of the property of Mr. Lebsack. Myrna Cain made a motion to accept the application to change Stan Lebsack property to Industrial and recommend a zone change to the City Council. Betty Poole seconded. Roll call vote: Myrna Cain, yes; Betty Poole, yes; Rubon Robello, yes; Kent Kearns, yes; and Pete Anderson, no. Pete Anderson made a motion that we recommend to the City Council that a moratorium or whatever be placed on any development on Burley Drive until such time as the city is ready to develop it or ready to require the developers along there to develop the street. Because we are being unfair to the residential people by bring industrial zones into the area and not upgrading the street. GENERAL BUSINESS: GARY RATLIFF, 201 WEST LINDEN EXTENSION OF CONDITIONAL USE PERMIT for 18 months. Steve Smart explained to the commission the reason for this extension. A developer was trying to put together a commercial development, since the conditional use expired in October 1992 Mr. Ratliff needed additional time on his conditional use so he could still build if the development didn't go through. After a discussion Myrna Cain made a motion to grant the extension of the conditional use permit for 18 months beyond the original conditional use permit operation date for Mr. Gary Ratliff for the property at 201 West Linden. The motion died for lack of a second. Pete Anderson moved to grant an extension of nine months making the expiration date July 1993. Rubon Robello seconded the motion. Roll call vote: Myrna Cain, yes; Betty Poole, yes; Rubon Robello, yes; Kent Kearns, yes; Pete Anderson, yes. Land Use and Development Commission December 5, 1991 Page 3 DZSCUSSZON- 1. Discussion on a proposed ordinance to add definition of screening fence and solid fence to the general Land Use definitions and amend conflicting sections of the code. Commission then Discussed- 1. Page 6, Section 7 we need to delete "or other Structures" 2. 8' fence for vehicle storage Pete Anderson moved that we conduct a public hearing on this at our next land use meeting. Betty Poole seconded the motion. All voted in favor. The meeting to be held in January was set for the second Thursday January 9, 1992 at 8-00 pm. Pete Anderson asked the city staff why the newly finished work at the Green Triangle corner was not landscaped, The meeting adjourned at 9-30 PM. ~ent~-~earns, Chairman Myrn~ C;~apo, Sec~Zet~y 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 December 5, 1991, upon the application of Stan Lebsack (hereinafter referred to as "applicant") for a change in land use district for the real property described on Exhibit A 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 is designated as I or Industrial 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 of the proposed change in land use district. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck12.092 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 /0-11N 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 be granted. DECISION It is recommended that the application for a change in land use district to designate the land described on Exhibit A be granted by the City Council. DATED this 'S11.,— day of December, 1991. -Z Land Use and Development Commission FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck12.092 EXHIBIT "A" S,0016717 PARCEL 1: A PARCEL OF LAND IN THE NE4NE4 SECTION 10 RANGE 34 E.B.M., BANNOCK COUNTY , TOWNSHIP 6 SOUTH, n , IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST 1/16 CORNER OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 34 E.B.M., AND THENCE NORTH ALONG THE EAST 1/16 LINE OF SAID SECTION 10 A DISTANCE OF 117.21 FEET; THENCE EAST 25 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH PARALLEL TO SAID 1/16 LINE 100.0 FEET; THENCE SOUTH 89017' EAST, 108.0 FEET; THENCE SOUTHERLY PARALLEL TO SAID 1/16 LINE 100.0 FEET; THENCE NORTH 89017' WEST LESS, TO THE TRUE POINT OF BEGINNING... , 108.0 FEET, MORE OR PARCEL 2: THE SOUTH 100 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHEAST 1/16 CORNER OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 34 E.B.M., THENCE NORTH ALONG THE EAST 1/16 LINE OF SAID SECTION 10, 117.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG SAID 1/16 LINE 250 FEET; THENCE SOUTH 89°17' EAST LESS, TO THE WESTERLY RIGHTOF WAY IF 330-32 FEET, MORE OR UNION PACIFIC RAI THENCE SOUTHERLY ALONG SAID RIGHT OFIWAYOLINEE252.98 FEET; THENCERNORTH 89017' WEST, 362.6 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; SAME BEING A PART OF THE NORTHEAST QUARTER NORTHEAST TOWNSHIP 6 SOUTH, RANGE 34 E.B.M. QUARTER, SECTION 10, BANNOCK COUNTY, IDAHO. EXCEPTING THEREFROM THE FOLLOWING: COMMENCING AT THE NORTHEAST 1/16 CORNER OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 34 E.B.M., THENCE NORTH ALONG THE EAST 1/16 LINE OF SAID SECTION 10 POINT J. 117.21 FEET; THENCE EAST 25 FEET TO THE OF BEGINNING; THENCE CONTINUING NORTH PARALLEL TO SAID 1/16 LINE 100.0 FEET; THENCE SOUTH 89017' EAST, 108.0 FEET; THENCE SOUTHWESTERLY PARALLEL TO SAID 1/16 LINE 100.0 FEET; THENCE NORTH 89017' WEST FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING... , 108.0