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HomeMy WebLinkAbout001 19 89 Special MtgLAND USE AND DEVELOPMENT MINUTES January 19, 1989 Minutes of the special meeting of the Land Use and Development Commission held in the city municipal building January 19, 1989. Present: Commission Members: Myrna Cain, Pete Anderson, Jerry Tydeman, Richard Pearson, Chairwoman Sue Parrish, Council Representative David Landon, Project Engineer Gerd Dixon, Attorney Tom Holmes, and Secretary Myrna Crapo. Meeting called to order by Chairwoman Sue Parrish at 7:35 pm. PUBLIC HEARING: A PROPOSAL BY GLEN S. MARSHALL AND NORTHSIDE PLAZA, INC., P.O. Box 250, Pocatello for a conditional use permit to build a U.S. Postal Service Mail Handling Facility located south of Southside Way, West of Industrial Way, North of Siphon Road, East of Yellowstone Avenue. Chairwoman Sue Parrish opened the public hearing. Glen Marshall presented the plan that he had submitted to the city. He requested that the approval apply to themselves as the land owner and to the post office as the subsequent land owner. This ground had already been plated. The commission then discussed: 1. The curb, gutter and sidewalk requirements 2. The Siphon Road right of way. The right of way needs to be changed from a 40 foot dedication to 33 feet. 3. Platting requirements. They need to replat if it is divided into 3 or more lots. Chairwoman Parrish then closed the public hearing. David Landon moved that we accept his bid for conditional use permit, and go along with the comprehensive plan and make the highway 33 feet on both sides on Siphon and that would mean that the city would have to give back to Marshall 7 feet,: upon the conditions that curb, gutter, and sidewalk are installed and if they get the bid and it is developed as parcel B being included with parcel A we would grant a wavier of platting and if it is 3 parcels then it would have to have a plat filed. Myrna Cain seconded. Myrna Cain, yes; David Landon, yes; Jerry Tydeman, yes; Pete Anderson, abstained; Sue Parrish, yes; Richard Pearson, yes. LAND USE AND DEVELOPMENT MINUTES January 12, 1989 Page 2 GLEN S. MARSHALL POSTAL SERVICE CONDITIONAL USE CONTINUED: Jerry Tydeman made a motion that we make that conditonal use permit transferable for this particular use. Richard Pearson seconded. Myrna Cain, yes; David Landon, yes; Jerry Tydeman, yes; Pete Anderson, abstained; Sue Parrish, yes; Richard Pearson, yes. OTHER BUSINESS: 1. A transfering of conditional use permit for Sanaya Okamura, 107 Turaco, to developer of Post Office Service Facility. David Landon moved that we change and make it possible to transfer the conditonal use permit for Okamura in this situation. Richard Pearson seconded. Myrna Cain, yes; David Landon, yes; Jerry Tydeman, yes; Pete Anderson, abstain; Sue Parrish, yes; Richard Pearson, yes. 2. Wavier of platting request by Sanaye Okamura, 107 Turaco, Pocatello for a proposed postal service facility at the Southeast corner of Siphon and Yellowstone. The commission discussed: 1. County maintained Siphon Road and dedication of 33' of ground for Siphon Road. 2. Curb, Gutter and sidewalk on Siphon and Yellowstone 3. If the building is built next to Yellowstone the need to cover the ditch and put in curb 4. Being set back far enough for a lot on Yellowstone 5. An easement to drain irrigation water and a covered ditch if located next to Yellowstone. Richard Pearson moved that we grant a wavier of plating on condition that an easement be included if it is necessary in the future development; the dedication of 33' of road from the section line; Curb, Gutter and sidewalk be required at the time of construction; a covered ditch on Yellowstone if it is on the corner; and that it will include an easement to drain the irrigation; and be set back at least 300 feet from yellowstone if they are not on the corner. David Landon seconded, Myrna Cain, yes~ David Landon, yes; Jerry Tydeman, yes; Pete Anderson, abstain; Sue Parrish, yes; Richard Pearson, yes. Chairwoman Sue Parrish asked for a motion to approve the minutes of the January 5th meeting. Myrna Cain moved to accept the minutes as written, all voted in favor. Land Use and Development Minutes January 19, 1989 Page 3 GENERAL BUSINESS: Chairwoman Parrish advised the commission that Robert Allen, and Bob Anderson were excused. There will two land use meetings in Frbruary one on the 2nd (regular meeting) and one on the 9th. Pete Anderson asked to be excused for the 1st meeting. David Landon moved that the meeting adjourn at.~"~8-:-L~ pm- sue Parrig'h-,' Chairwomen 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 January 19, 1989, upon the application of Glen S. Marshall and Northside Plaza, Inc. (hereinafter referred to as "applicant") for a conditional use permit to build a U. S. Postal Service Mail Handling Facility on the real property located south of South Sideway, west of Industrial Way, north of Siphon Road and east of Yellowstone Avenue 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 Industrial pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as 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 Chubbuck Code 18.28.040. 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 dsc chbbck04.145 -v ]�:; 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: A. Curb and gutter shall be put on Siphon Road; B. If developed as two lots, waiver of platting will not be required. C. If developed as three lots, waiver of platting on a plat will be required. 3. The Conditional Use Permit shall be assignable to the ultimate owner and user of the land. n 4. The Conditional Use Permit requested by the Applicant is granted, subject to the foregoing conditions. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck04.145 5. The foregoing is contingent upon this site being selected for the U. S. Postal Service Mail Handling Facility and, if not, then this Decision shall be null and void. DATED this day of , 1989. ND SE AND DEVELOPMENT COMMISSION r 7 By: CHAIfNAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck04.145