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HomeMy WebLinkAbout010 05 89LAND USE AND DEVELOPMENT MINUTES October 5, 1989 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building October 5, 1989. Present: Chairwoman Sue Parrish, Commission Members: Myrna Cain, Jerry Tydeman, Kent Kearns, Richard Pearson, Pete Anderson; Project Engineer Gerd Dixon, Engineer Steve Smart, Fire Chief Cary Campbell, Attorney Tom Holmes, City Council Representative LeRoy Quick, Secretary Myrna Crapo Meeting called to order by chairwoman Sue Parrish at 7:30 pm Chairwoman Sue Parrish asked for approval of the minutes of the September 7, 1989 meeting. Myrna Cain moved the minutes be approved as written and mailed. Kent Kearns seconded the motion. All commission members voted in favor. PUBLIC HEARING: A PROPOSAL BY THE CITY OF CHUBBUCK TO AMEND THE CHUBBUCK LAND USE ORDINANCE TO PROVIDE FOR SCREENING OF COMMERCIAL PRODUCTS stored outdoors; to provide for screening of outdoor storage in Industrial areas; to provide for the partial screening of storage areas where products are being offered for sale to the public. Chairwoman Sue Parrish opened the public hearing. John Aller, 222 W. Linden wondered if this related to the 201 W. Linden property or to the city as a whole. Chairwoman Parrish informed Mr. Aller that is was for the whole city. Mr. Aller felt that screening was more important for commercial abuting residential areas. There being no further comments the public hearing was closed. GENERAL BUSINESS A PROPOSAL BY GARY RATLIFF, 4970 APACHE FOR A CONDITIONAL USE PERMIT TO BUILD A MINI STORAGE at 201W. Linden. Chairwomen Parrish asked for any comments from the audience. Mike James, 208 W. Linden told the commission that he didn't want it to be built there. Inda May Aller, 222 W. Linden, said the end of the lane was a mess and she didn't want to add to that problem. Land Use and Development Commission October 5, 1989 Page 2 John Aller, 222 1/2 W. Linden asked if the zoning had been changed. He objected to the project. Mr. Aller felt the screening was inappropriate, the front needed to be totally screened. The street should be fixed. The commission discussed with Mr. Aller what he felt would be acceptable to the neighborhood. Mr. Gary Ratliff, 4970 Apache told the commission that the traffic will not be a large volumn. On his drawing the screening shows what is required by code. During the discussion with the commission Mr. Ratliff told the commission that: 1. The ditch along Linden is in a right of way. He plans to put a culvert in there. 2. The existing house would be removed. 3. There will be one access into the area. 4. The 5' grass area will be watered with sprinklers on a timer. 5. He would install curb & gutter. 6. He will put in a 6' high chain link screening fence along Slaven's property. 7. There would be no on site operator. 8. The building will be one foot below the grade of the road. 9. He would be willing to paint the buildings so they blended in. Pete Anderson then talked about the painting of the ends of the building or using decorative blocks to enhance the area. The commission discussed broad leaf trees, curb, gutter, sidewalks, and street. Richard Pearson moved that we grant this conditional use permit with the following stipulation: (1) a frontage fence face West Linden to the end of the third building (approximately 116'). (2) Attending curb, gutter and sidewalk with a covered (piped) ditch to the end of the third building. (3) Future development requirement will be the same treatment to the end of the lot. (4) Trees and landscaping shall be in compliance with the landscaping ordinance. Mr. Pearson recommended that Mr. Ra~tliff get with the neighbors and have them participate in defining what is an attractive fence. Land Use and Development Commission October 5, 1989 Page 3 Myrna Cain seconded the motion. Roll Call vote: Myrna Cain, yes: Pete .Anderson, no, Jerry Tydeman, yes; Richard Pearson, yes; Sue Parrish, abstain; LeRoy Quick, yes; Kent Kearns, no. Public Hearing item continued: Chairwomen Sue Parrish recognized Rodney Parrish as being in attendence with comments on the public hearing item. With the commission approval Chairwomen Sue Parrish reopened the public hearing for comments from Rodney Parrish. The commission answered the questions from Mr. Parrish. Item 5D needs to be changed to read "a residential zoned area" Pete Andersen made a motion to recommend passage to the city council for approval of this ordinance with the correction. Kent Kearns seconded the motion. voted in favor. Ail commission members Kent Kearns moved to adjourn at 10 o'clock with Leroy Quick seconding. Su~-Parrish, Chairwoman Myrna Cr~pb,~ Secretary J 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 October 5, 1989, upon the application of Gary Ratliff (hereinafter referred to as "applicant") for a conditional use permit to build a mini storage on the real property located at 201 W. Linden 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 R-2 but has been conditionally rezoned to C-2 by the Chubbuck City Council, pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as C-2 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 Idaho Code section 67-6512 and in Chubbuck Code section 18.28.040 (C). 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Applicant will pipe and cover the ditch along West Linden. B. An existing house will be removed. C. One access will go into the area. D. Applicant will water a five foot grass strip with sprinklers on a timer. E. Curb, gutter and sidewalk and a six foot screening fence between this property and William Slaven will be installed pursuant to ordinance. F. No on site operater will be present. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbckll.291 G. Estimated traffic would be slight. H. The building will be one foot below the grade of the road. I. Applicant is willing to paint the buildings to blend in. J. Various neighbors object to the view but indicate appropriate screening might make the project acceptable. 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 exiting 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 natures of 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 reasonable possible. 8. Owners of adjacent property have not expressed approval of the issuance of the requested conditional use permit. 9. The objection of the owners can be alieviated by n screening. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbcki1.291 n 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: (1) a frontage fence face West Linden to the end of the third building (approximately 1161); (2) attending curb, gutter and sidewalk with a covered (piped) ditch to the end of the third building. (3) future development will require the same treatment to the end of the lot. (4) trees and landscaping shall be in compliance with the landscaping ordinance. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this 5- day of 1989. LAND USE AND DEVELOPMENT COMMISSION By: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbckll.291