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HomeMy WebLinkAbout002 02 89LAND USE AND DEVELOPMENT MINUTES February 2, 1989 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building February 2, 1989 Present: Chairwoman Sue Parrish, Commission Members: Myrna Cain, Pete Anderson, Bob Anderson, Jerry Tydeman, Richard Pearson, Council Representative Dwain Kinghorm, Attorney Tom Holmes, Public Works Director Seve Smart, and Secretary Myrna Crapo. Meeting called to order by Chairwoman Sue Parrish at 7:30 PM. Chairwoman Sue Parrish asked for a motion to approve the minutes of the January 19, 1989 as sent to the commission members. Myrna Cain moved to approve the minutes as mailed, with Pete Anderson seconding the motion. All commission members voted in favor° PUBLIC HEARING 1) A PROPOSAL BY DEAN FUNK, 1749 S. fairway and Dale Kirkham, 440 East Clark for property South of Siphon Road and East of the Railroad Tracks for; 1. Change in Land Use District to Industrial (I) upon requested annexiation. 2. Conditional Use Permit for a proposed postal Service Facility. 3. Waiver of platting. Chairwoman Parrish explained the guidelines for the public hearing. Chairwoman Sue Parrish opened the public hearing. Pete Anderson asked to step down because of a conflict of interest. Melvin Jackson, 5101Whitaker Road speaking for Mr. & Mrs. Dean Harding, His wife and himself addressed the commission in opposition to the proposal. He felt that 1. Siphon and Whitaker Road was a desirable residential street for walkers, joggers, and others. 2. It would be close to Ellis School and their playground. The added noise and congestion would be undesirable that close to the school. 3. The Land next to the school should be for residential and agricultural activities. No one would want to build a home next to the proposed facility. 4. The property value would be adversely effected. 5. The wild life habitat would also be adversely effected. 6. There is not a shortage of other property that could be used for the facility where future residential buildings are less likely. Dale Kirkham, 440 E. Clark explained this proposal to the Commission. Chairwoman Sue Parrish closed the public hearing and opened it to the discussion of the commission. LAND USE AND DEVELOPMENT MINUTES February 2, 1989 Page 2 Dean Funk proposed Postal service facility The commission discussed the conditional use permit:: 1. Traffic in the area. Trucks would probably use Siphon and Yellowstone while people working at the facility could use Hiline and Whitaker. 2. Hiline Road is designated as a minor arterial street in the comprehensive plan with higher speed limits. 3. The need for dedication of the street right of way. 4. Comprehensive plan Jerry Tydeman moved to grant a conditional use permit to the applicant for a proposed postal service facility, and to make the conditional use permit transferable to the U.S. Postal Service and to recommend to the City Council that the property be annexed into the city and zoned Industrial, (I), and that annexation and zoning be conditioned upon the facility being constructed on the applicants property. Richard Pearson seconded the motion: Roll Call vote: Myrna Cain, yes; Jerry Tydeman, yes; Bob Anderson, yes; Sue Parrish, yes; Richard Pearson, yes; Dwain Kinghorn, yes. The commission then discussed the waiver of platting. Jerry Tydeman moved to recommend to the city council to waive the platting requirements of the Land Development Ordinance on the condition that: (1) the facility be constructed and setback to provide for widening Siphon Road to the standard for a minor arterial road and (2) that curb, gutter, sidewalk, and street widening be constructed along the project's Siphon Road frontage, in compliance with the land Development Ordinance. 2) Richard Pearson seconded the motion. Roll call vote: Myrna Cain, yes; Jerry Tydeman, yes; Bob Anderson, yes; Sue Parrish, yes; Richard Pearson, yes; Dwain Kinghorn, yes. A PROPOSAL BY J & M ENTERPRISES, P.O. BOX 5598, FOR PROPERTY AT 4545-4613 YELLOWSTONE and 149-201 E. Linden Avenue for: 1. Conditional Use Permit for a proposed Postal Service Facility and Land Use District change. and 2. Waiver of Platting. Chairwoman Parrish opened the public hearing No one offered testimony so the public hearing was closed and opened for commission discussion. LAND USE AND DEVELOPMENT MINUTES February 2, 1989 Page 3 J & M Enterprises proposal for a post office facility 3). The commission discussed the conditional use permit: 1. Neighbors location 2. Zoning of property 3. Location of sewer line 4. Comprehensive Plan Richard Pearson moved to grant a conditional use permit to the applicant for a proposed postal service facility, and to make the conditional use permit transferable to the U.S. Postal service and to recommend to the City Council that the portion of lot 17 of Bonniebrae Acres included in the application be zoned general commercial (C-2), and that zoning be conditioned upon the facility being constructed on the applicants property. Myrna Cain seconded the motion. Roll call vote Myrna Cain, yes; Jerry Tydeman, yes; Bob Anderson, yes; Sue Parrish, yes; Richard Pearson, yes; Dwain Kinghorn, yes. Steve Smart explained to the commission that the comprehensive plan showed a street in that area, it would be an extension of Evans Lane. The commission then discussed the waiver of platting, They then discussed the irrigation water being made available to water users. Richard Pearson moved to recommend to the city council to waive the platting requirements of the Land Development Ordinance on the condition that: (1) Evans Lane extension as set forth in the comprehensive plan, be constructed through the development in compliance with the Land Development Ordinance, and (2) that curb, gutter, sidewalk and street widening be completed along any Linden Ave. frontage that this project might have, and (3) that proper provisions are made to pipe the irrigation canal paralleling Linden. Myrna Cain seconded the motion. Roll call vote: Myrna Cain, yes; Jerry Tydeman, yes: Bob Anderson, yes: Sue Parrish, yes; Richard Pearson, yes: Dwain Kinghorn, yes. A PROPOSAL BY ARLEN MORTENSEN, 26 CEDAR HILLS DRIVE FOR PROPERTY AT 242-306 E. Chubbuck for 1. A conditional use Permit for a proposed postal service facility, 2. A waiver of platting. Chairwoman Sue Parrish opened the public hearing. Arlen Mortensen told the commission he was there to answer any questions the commission might, have. LAND USE AND DEVELOPMENT MINUTES February 2, 1989 Page 4 Arlen Mortensen proposal for a Postal service facility The public hearing was then closed there being no additional comments. Chairwoman Sue Parrish read into the minutes a letter by James L. Humble, 230 E. Chubbuck Road opposing the construction of the facility. The commission then discussed the conditional use permit. 1. Buffer zone needed 2. Deeded road right-of-way on the West side of site 3. Drainage of water in the area 4. Traffic on West Chubbuck Road Dwain Kinghorn moved to grant a conditional use permit to the applicant for a proposed postal service facility, and to make the conditional use permit transferable to the U.S. Postal Service Richard Pearson seconded the motion. Roll call vote Myrna Cain, yes; Jerry Tydeman, yes; Bob Anderson, yes; Sue Parrish, yes; Richard Pearson, yes; Dwain Kinghorn, yes. The waiver of platting was then considered. 1. Irrigation water being made available to Users 2. The dedication of Chubbuck Road to make the full 66' street Dwain Kinghorn moved to recommend to the City council to waive the platting requirements of the land Development Ordinance on the condition that: (1) the facility be constructed and setback to provide for widening East Chubbuck Road to the standard of a minor arterial road and (2) that a curb, gutter, sidewalk, and street widening be constructed along the project's East Chubbuck Road frontage, in compliance with the Land Development Ordinance, and (3) that Burley Drive extension on the west side of the site be developed in compliance with the comprehensive plan and the Land Development Ordinance , and (4) the proper provision be made for irrigation water to be taken to properties west of the proposed site. Myrna Cain seconded motion. Roll call vote: Myrna Cain, yes; Jerry Tydeman, yes: Bob Anderson, yes; Sue Parrish, yes; Richard Pearson, yes; Dwain Kinghorn, yes. Jerry Tydeman moved to adjourn at 8:50 pm Sue Parr'i§h, Chairwoman Myrna~ ~apo, S~~y ^ 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 February 2, 1989, upon the application of Dean Funk and Dale Kirkham (hereinafter referred to as "applicant") for a conditional use permit for a proposed postal service facility, for a change in Land Use District upon requested annexation to and for a waiver of platting I.C. Industrial on the real property located at South Siphon Road and East of the railroad tracks 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 change in Land Use District upon annexation and waiver of platting as particularly described above. 2. All legal requirements for notice of public hearing have been met. 3. The property in question lied outside the Chubbuck City limits. 4. The property is designated as Industrial I 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 Chubbuck Code Section 18.28.040; 17.12.040, 070; 080; 090; 110 and 120. 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. See attached Exhibit "A", being a summary prepared by City staff. 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck04.141 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 existing 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 nature 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. 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. 3. The Commission recommends the property be zoned I (Industrial) upon annexation. 4. The Conditional Use Permit shall be assignable to the ultimate user and owner of the property. 5. The Conditional Use Permit requested by the Applicant is subject to the foregoing conditions. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck04.141 6. All of the foregoing is contingent upon this site being selected for the post office facility and, if not, then this decision shall be null and void. 7. The Commission recommends the waiver of platting be granted and finds that the proposal neither creates a street nor constitutes a subdivision. This recommendation is made subject to the following conditions: A. The facility be constructed and set back to provide for widening Siphon Road to the standard of a minor arterial street; B. A curb, gutter, sidewalk and street widening be constructed along the project's Siphon Road frontage in compliance with,, the Land Development Ordinance. DATED this �ff� day of _., _ , 1989. a ND USE AND DEVELOPMENT COMMISSION By: CHA RMAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck04.141 '► .I 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 February 2, 1989, upon the application of J & M Enterprises (hereinafter referred to as "applicant") for a conditional use permit and waiver of platting to construct a mail handling facility on the real property located at 4545 - 4613 Yellowstone and 149-201 E. Linden Avenue and the Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT AND WAIVER OF PLATTING 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) and R-2 (Limited Residential) pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as C-2 General Commercial 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 Chubbuck Code § 18.28.040; 17.12.040, 070-090, 110 and 120. 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: See Exhibit "A" 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 chbbck04.271 -�* S3 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 existing 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 nature 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. 9. The requested conditional use permit, if granted, should n 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: See Paragraph 6 below. 3. The Conditional Use Permit shall be assignable to the ultimate user and owner of the property. 4. The Conditional Use Permit requested by the Applicant is granted, subject to the foregoing conditions. 5. All of the foregoing is contingent upon this site being selected for the post office facility and, if not, then this decision shall be null and void. 6. The Commission recommends that waiver of platting be granted. Commission specifically finds that this development does not create a street nor constitute a subdivision. The FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 chbbck04.271 n Commission recommends that the waiver of platting be granted subject to the following: A. The Evans Lane extension set forth in the comprehensive plan be constructed through the development in compliance with the Land Development Ordinance. B. Curb, gutter, sidewalk and street widening be completed along any Linden Avenue frontage. C. Proper provisions be made to pipe the irrigation canal water paralleling Linden. { DATED this =— day of , 1989. LAND USE AND DEVELOPMENT COMMISSION By: C11AIRMAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 chbbck04.271 le� 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 February 2, 1989, upon the application of Arlen Mortensen (hereinafter referred to as "applicant") for a conditional use permit and waiver of platting to construct a proposed postal service facility on the real property located at 242-306 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 conditional use permit and waiver of platting as particularly described above. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned Industrial (I), pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as Industrial (I) 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 Chubbuck Code Sections 18.28.040; 17.12.040; 070-090; 110 and 120. 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: See Attached Exhibit "A". 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. n 2. The permit sought will not produce an adverse impact on the economic values of adjacent properties. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck04.144 r 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 existing 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 nature 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. 10. 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: See paragraph 6 below. 3. The Conditional Use Permit shall be assignable to the ultimate user and owner of the postal facility. 4. The Conditional Use Permit requested by the Applicant is granted, subject to the foregoing conditions. 5. All of the foregoing is contingent upon this site being selected for the post office facility and, if not, then this Decision shall be null and void. 6. The Commission recommends the waiver of platting requested be granted and the Commission specifically finds that FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck04.144 the proposal neither creates a street nor constitutes a n subdivision. Recommendation is made that the waiver of platting be granted subject to the following conditions: A. The facility be constructed and set back to provide for widening of East Chubbuck Road to the standard of a minor arterial street. B. That curb, gutter and sidewalk and street widening be constructed along the project's East Chubbuck Road frontage in compliance with the Land Development Ordinance. C. That the Burley Drive extension on the West side of the site be developed in compliance with the comprehensive plan of the Land Development Ordinance. D. That property provision be made for irrigation water to be taken to properties west of the proposed site. DATED this �O day of 1989. ND U �AND�DEV�ELOPMENT COMMISSION By: n CH RMAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck04.144