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HomeMy WebLinkAbout012 07 89LAND USE AND DEVELOPMENT MINUTES December 7, 1989 Minutes of the special meeting of the Land Use and Development Commission held in the city municipal building December 7, 1989. Present: Chairwoman Sue Parrish, Commission Members: Jerry Tydeman, Kent Kearns, Richard Pearson, Pete Anderson, Bob Anderson, Myrna Cain; Engineer Steve Smart, Attorney Tom Holmes, City Council Representative LeRoy Quick, Project Engineer, Gerd Dixon, Secretary Myrna Crapo. Meeting called to order by Chairwoman Sue Parrish at 7:30 pm. Kent Kearns made a motion to approve the November 21, 1989 minutes as written. Pete Anderson seconded the motion. All commission members voted in favor. PUBLIC HEARING: A PROPOSAL BY THE CITY OF CHUBBUCK, 5160 YELLOWSTONE FOR A CONDITIONAL USE PERMIT TO USE STEEL SHIPPING/CARGO containers as storage/accessory structures for storage of tires, flammable materials, and park baseball uniforms and equipment. Property is presently zoned General Commercial (C-2). Steve Smart, engineer for the City explained to the commission that the size of the three containers was 8x20x8. These containers will be put on ties and they will be use indefinately. After the opening of the public hearing Dwaine Kinghorn, 145 Hiway Ave expressed concern about setting a precedence by putting them there. He expressed his disapproval of putting them in. The commission members then discussed: 1. The storing of flammable materials. 2. Setting a precedence. Other residents wanting to do the same thing. 3. The appearance of the containers. 4. The necessity of storing these materials out of the building. 5. City beautification. What is acceptable. 6 The painting and maintaining of the containers 7. Insurance costs when storing in the shop area Pete Anderson felt the commission needed to give the city time to remove the containers. PLANNING AND ZONING COMMISSION DECEMBER 7, 1989 Page 2 PUBLIC HEARING ON STORAGE CONTAINERS FOR CITY OF CHUBBUCK Pete Anderson made a motion to grant the city a conditional use permit for the storage facility with the following conditions (1) That they be painted and well maintained and and in a presentable condition mainly to exhibit city pride. (2) That they be limited to a maximum of three years and that the city at that time would have to look for an alternative method of storage. The motion died for lack of a second. The commission then discussed: 1. The time limit for complying 2. Roy Quick felt he needed the opportunity to see the storage sheds before deciding. 3. Jerry Tydeman felt that the sheds looked good. Jerry Tydeman made a motion that we recommend that we grand a conditional use permit for the steel shipping containers with the stipulations (1) that they be maintained, and painted. (2) That the area around them be maintained in a fashion we would like to see in other areas. Richard Pearson seconded the motion. Roll call vote: Bob Anderson, yes; Jerry Tydeman, yes; Pete Anderson, no; Myrna Cain, yes; Sue Parrish, abstained; Kent Kearns, yes; LeRoy Quick, no; Richard Pearson, yes. The motion carried. (2) A PROPOSAL BY GEORGE SHIOZAWA, 5328 YELLOWSTONE FOR A CHANGE IN LAND USE DISTRICT upon requested annexation to R-l, single family residential for property in SE 1/4 of NW 1/4 of NW 1/4 of section 3, Township 6, South, Range 34 East, (5300 block Whitaker Road). Property is presently zoned Agricultural. (A) The commission reviewed the city staff's comments. They would be using city water, sewer and sanitation. Chairwoman Sue Parrish opened the hearing and asked for comments from the audience. Kent Shiozawa 13158 N. Hiline, explained to the commission what they intended to do. They only wanted to have three lots annexed. LAND USE AND DEVELOPMENT COMMISSION DECEMBER 7, 1989 PAGE 3 PUBLIC HEARING ON REQUESTED ANNEXATION Richard Pearson moved to recommend to the city council the annexation of the requested property and upon annexation the land use district be changed to R-1. Roll call vote: Bob Anderson, yes; Jerry Tydeman, yes; Pete Anderson, yes; Myrna Cain, yes; Sue Parrish, yes; Kent Kearns, yes; LeRoy Quick, yes; Richard Pearson, yes. The motion carried (3) A PROPOSAL BY DON GREEN, 5555 YELLOWSTONE #55 FOR A CONDITIONAL USE PERMIT TO KEEP ANIMALS, at 157 E. Chubbuck. The property is presently zoned C-2, General Commercial. The commission listened to the city report from Gerd Dixon, project engineer. He presented a corrected map of the area and explained the cities requirements. Attorney Tom Holmes explained that the city revised the animal ordinance last spring. He explained the past history of what had transpired with the property. This complaint was received the later part of September. Chairwomen Sue Parrish opened the public hearing. Zane Hall, 1800 Seqecoia of Idaho Falls addressed the commission. The animals had been on the property for over 30 years. Mr. Hall in the past had boarded up the houses, but they had problems with vagrants. He wants to keep it as clean and presentable as possible. It needs to be irrigated to keep it looking nice. The horses are in there to help keep the weeks down. Mr. Hall felt that grandfather rights would allow the animals there. Venna McCallum, 223 E. Chubbuck stated that she had rented the pasture for 15 years and had horses there all that time. John Valenty, 4803 E. Chubbuck Road gave the history of the past residents and said that they did not have horses. He felt that the valuation of the property is being affected. The watering trough has a mud puddle next to the road, which adds to the problem. The horses roll in the dirt and cause dust. PLANNING AND ZONING COMMISSION DECEMBER 7, 1989 PAGE 4 Upon questioning Mr. Valenty it was found that the previously kept animals were kept behind the homes that were there. Alan Tate, 207 E. Chubbuck advised the commission that he had lived there for three years and had not noticed any odor or fly problem that could be related to the mules. Mr. Tate has animals of his own. Mr. Hall agreed that there was a dust problem when they tore down the building. He intended to seed the whole area and improve it by removing dead stumps. Don Green, 5555 Yellowstone #55, told the commission that he is slowly cleaning up the property. He now has eleven animals there. The irrigation water is a problem in the summer as the water backs up in the lateral and overflows down this property to Chubbuck Road. Mr. Hall proposed that during the hot summer months that two to three head of horses be left there to keep the weeds down. Connie Hall, 224 E. Chubbuck Road only problem is when they get loose and she helps to put them back. Chairwoman Sue Parrish read a letter into the minutes from Ann and R. J. Evans, and Mr. & Mrs. John Valenty opposing the animals. Chairwomen Sue Parrish closed the public hearing and opened it to discussion from the commission. The commission discussed: 1. The length of time horses were there 2. Grandfather rights requirements 3. Keeping fewer animals. 4. The best use of the property today. 5. Building up the area near the street 6. Sodding the area Attorney Tom Holmes informed the commission they could do 2 things. 1. Have him research it out concerning grandfather rights and then decide from there. 2. Work a compromise between the two parties. If something can be worked out Mr. Hall will agree to the conditional use permit and not worry about grandfather rights. LAND USE AND DEVELOPMENT COMMISSION DECEMBER 7, 1989 PAGE 5 CONDITIONAL USE PERMIT FOR MULES With the approval of the commission George Shiozawa, 5328 Yellowstone addressed them. He felt that since the canal is the responsibility of Ft. Hall they need to investigate it now and not wait until spring. Chairwomen Sue Parrish asked Roy Quick, council representative, to make the city council aware of the problem and request with a letter that perhaps the repairs could be done at this time. The commission was in full agreement. Richard Pearson moved that we grant a conditional use permit to keep animals at 157 E. Chubbuck on the conditions that (1) the number of animals (#9 or so) are not present during the summer months, from mid May until mid September. (2) That during that time there is only two or three head of horses on that property for weed control. (3) That the property be seeded with grass to belay the dust problem within a two year period of time. (4) That Mr. Green move the water trough further back on the property within that two year period. (5) the fence be removed so that area will come up to Chubbuck Road frontage when the area is seeded. Kent Kearns amended the motion in agreement with Richard Pearson by adding "with the current positioning of the fence a capacity of 10 animals and that the point in time in which the fence line comes back to East Chubbuck Road that the maximum capacity be 13 during the time period allowed which is in compliance with the existing ordinance,and that the summer months be from May 15 until September 15." Bob Anderson seconded the motion. Roll call vote: Bob Anderson, yes; Jerry Tydeman, yes; Pete Anderson, no; Myrna Cain, yes; Sue Parrish, abstain; Kent Kearns, yes; LeRoy Quick, yes; Richard Pearson, yes. The motion passed. The commission members agreed to meet in January at 7:00 pm so they could have a half hour work session. The commission members then took an informal look at the preliminary plat for Kent Shiozawa. The meeting was adjourned at 10:15 Anderson and a second by Roy Quick. y na ~'~apo, Secre~ry pm with~ m~by Pete C~airwoma~, Sue ?arrish 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 December 7, 1989, upon the application of the City of Chubbuck (hereinafter referred to as "applicant") for a conditional use permit to use steel shipping/cargo containers for storage on the real property located at 5160 Yellowstone 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 C-2 pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as C-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. The City proposes to use three (3) 8x28x8 cargo containers for storage of tires, flammable materials and park baseball uniforms and equipment. B. The containers would be placed on ties and would be used indefinitely. C. The containers, if painted and maintained, present an acceptable appearance. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 chbbck01.261 n 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 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 n 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 reasonable 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 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 containers shall be maintained and painted. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 chbbck01.261 n B. The area around the containers be maintained in a fashion that would be acceptable in other areas of the City. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this `day of , 1990. LAND USE AND DEVE MENT COMMISSION By: M� C airman FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 chbbck01.261 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 December 7, 1989, upon the application of Don Green (hereinafter referred to as "applicant") for a condition use permit to keep animals on the real property located at 157 E. 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 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 C-2; General Commercial pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as C-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. The Valentys and the Evanses, both property owners, directly across the street, complain of dust, odor and standing water. B. Dust and standing water are problems which are present, although the causes, over grazing, poor location of water trough, canal problems, and improper uses by Mr. Green are disputed. C. Weed control on property such as this is a continuing problem and the responsibility of the owner/user of the land to keep under control. D. Weeds, dust and standing water, if not contained, may constitute a nuisance. r FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 chbbck02.231 .D 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, if the conditions imposed below are followed. 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, so long as the conditions imposed below are followed. 6. The aesthetic qualities of the proposed use will not conflict with aesthetic qualities of the surrounding lands, so long as the conditions imposed below are followed. 7. The adverse impact of the proposed use on other development within the City will be minimized by Applicant as much as is reasonably possible, so long as the conditions imposed below are followed. 8. Some owners of adjacent property have expressed approval of the issuance of the requested conditional use permit and some have expressed disapproval. 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 chbbck02.231 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 property has a capacity of 10 animals with the current positioning of the fence and, when the fence line is moved back along East Chubbuck Road, the maximum capacity will be 13 animals during the times allowed below, which capacity is in compliance with the existing animal ordinance. B. The number of animals (9 or so) shall not be permitted to occupy the property during the summer months, from mid May to mid September. C. During mid May to mid September, two to three head or horses may be placed on the property for weed control purposes. D. Within two years, the property shall be seeded with grass to belay the dust problem. E. Within two years, applicant shall move the water trough further back on the property. F. The fence shall be moved back along East Chubbuck Road when the area has been properly seeded. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this 7 day of December 1990. LAND USE AND DEVELOPMENT COMMISSION By: Chairman FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 chbbck02.231