HomeMy WebLinkAbout003 02 89LAND USE AND DEVELOPMENT MINUTES
March 2, 1989
Minutes of the regular meeting of the Land Use and Development
Commission held in the city municipal building March
2, 1989.
Present: Chairwoman Sue Parrish, Commission Members:.,~M rna ~~
Cain, Jerry Tydeman, Pete Anderson, Kent ~d~q~--Richard~Kearn
Pearson (joined the commission at 8:05), Council Repres~ntata~ve
Dwain Kinghorn, Attorney Tom Holmes, Fire Chief Cary
Campbell, Public Works Director Steve Smart (joined
the meeting at 8:05) 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 February 9, 1989 meeting as mailed.
~/KearnS\Kent-~.I~/moved to approve the minutes as mailed with
ete Anderson seconding the motion. All commission
members voted in favor.
NEW BUSINESS:
1. A proposal by the City of Chubbuck to change the City's
Land Use Ordinance, modifying the maximum height restrictions.
Attorney Tom Holmes and Fire Chief Cary Campbell explained
to the commission the reasons for the change and why
the 70' in C-2 and I zones.
The commission then discussed:
1. Taking care of a possible problem with height requirement
instead of waiting for the problem to surface.
2. Controls with a conditional use permit
3. The need of a safety zone for residential areas
that would buffer these C-2 zones.
Pete Anderson made a motion to recommend to the city
council to modify the Land Use Ordinance as proposed
by the city attorney as far as the maximum height restrictions
for occupied or non-occupied structure.
Jerry Tydeman seconded the motion. Roll call vote:
Myrna Cain, yes; Jerry Tydeman, yes; Pete Anderson,
yes; Sue Parrish, yes; Kent Kearns, yes; Dwain Kinghorn,
yes.
2. A proposal from NOBAMPO on the Transportation Plan for
Pocatello/Chubbuck Urbanized area; for commission approval
and recommendations to the City Council.
Kevin Murphy the manager of transportation planning
for NOBAMPO explained his organization and the goals
and objectives for the area transportation.
The commission then discussed future problems of Chubbuck
and Pocatello.
Land Use and Development Commission
March 2, 1989
Page 2
Pete Anderson moved to accept the NOBAMPO transportation
plan for the Pocatello/Chubbuck urbanized area and
to recommend to the city council to accept their study.
Myrna Cain seconded the motion. Myrna Cain, yes; Jerry
Tydeman, yes; Pete Anderson, yes; Sue Parrish, yes;
Kent Kearns, yes; Dwain Kinghorn, yes; Richard Pearson,
yes.
The commission discussed the transferability on a conditional
use permit,and the need of exemption for class II production
dwellings.
Attorney Tom Holmes advised the commission he would
come up with alternatives for transferability of conditional
use permits for the next meeting.
The meeting adjourned at 8:30 PM
Sue' Parrish, Chairwoman
Myrna\ (~apo,
CITY OF CHUBBUCK
LAND USE AND DEVELOPMENT COMMISSION
FINDINGS Or- 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
March 6, 1989, upon the application of Teton Cellular of Idaho
Limited Partnership (hereinafter referred to as "applicant") for
a conditional use permit to erect a 300 foot cellular
transmitting and receiving tower and mobile telephone switching
office on the real property located at Laurel Lane, east of
Alpine Trailer Sales, 5050 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 I (Industrial) and C-2
(General Commercial) pursuant to the Land Use Ordinance of the
City of Chubbuck.
4. The property is designated the same 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 Section 18.28.040 of the
Chubbuck Code.
6. The facts relevant to an evaluation of the relevant
criteria and standards are as follows:
A. One person appeared in opposition based upon damage to
aesthetic qualities of the area.
B. The use will provide two jobs.
C. The use will provide a new service to a large area,
including Chubbuck.
D. The facility will not interfere with exiotj4161 roads or
structures.
E. Approvals will be sought by applicant from other
regulatory authorities including the FAA and the FCC.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
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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 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.
,,-*N
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 Conditional Use Permit requested by the Applicant is
granted.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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DATED this� day of , 1989.
D USE AND DEVELOPMENT COMMISSION
By:
CHAIRMAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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