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
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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
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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
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'► .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