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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 dsc chbbck04.282 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 dsc chbbck04.282 16 n /-1 DATED this� day of , 1989. D USE AND DEVELOPMENT COMMISSION By: CHAIRMAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck04.282