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
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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
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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
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