HomeMy WebLinkAbout004 07 88LAND USE AND DEVELOPMENT COMMISSION MINUTES
April 7, 1988
Minutes of the regular meeting of the Land Use and Development
Commission held in the City Municipal Building April
7, 1988.
Present: Chairman Pete Anderson, Commission Members Larry Call,
Robert Allen, Richard Pearson, Jerry Tydeman, Myrna Cain,
Sue Parrish; A~torne¥ Tom Holmes; Fire Chief Cary Campbell
and Secretary Colleen Wood.
Meeting called to order at 7:35 pm by Chairman Anderson
Chairman Anderson asked for any addition or corrections
to the March 3, 1988 minutes. There being none Larry
Call moved to approve the minutes as mailed. Sue Parrish
seconded the motion, with all commission member voting
in favor.
PUBLIC HEARING:
Chairman Pete Anderson explained how a public hearing was handled.
1).
A propasal by Richard and Katherine Conn, 735 E. Chubbuck,
Chubbuck, Idaho for a conditional use permit to allow them
to operate a preschool/day care center at their home.
Property is presently zoned Single Family Residential (R-l).
Chairman Anderson asked the city for its comments. Cary Cambell
explained that what the Conn's are asking for is something
that is permited in that particular type of an area under
the conditional use permit. Of course while your here there
are new State Laws at this point and time that became into
effect the 1st of March. Those law are govern by Health
and Welfare as well as the Building and Fire Code that will
all have to be meant should this type project be allowed.
Chairman ask if Richard or Katherine Conn was here; They both
stated that they were here and Katherine Conn 735 E.
Chubbuck address the commission explaining there reasons
as to why they wanted and needed the preschool/day care
in there home.
Reason 1.
2.
A second income for our family and they
feel it would help the business in Chubbuck.
A more personal reason is that they
enjoy being around kids watching them grow
and learn.
First of all in an address of the Children Foundation in
Washington D C did a study and there are more than 26 and
1/2 million working mothers with children below the ages
of 15. Of those parents and Children they need to know that
theresa place that they can take there kids where they can
grow and develop properly. The reason my husband and I feel
we should be granted the conditional use is:
We don't feel there should be any hardships on
the property owner because:
Ao
There will be a fenced in yard where the
children cannot get into other people's
yard and bother things.
B o
We do not anticipate any problems with
parking because we have installed a circle
driveway which the parents can park in which
will keep them out of the flow of traffic.
Too assuming apportion of the parents in the
Chubbuck/Highland area are already using that
road to come to and from work and also taking
there children to daycare centers we ~feel there
won't be added traffic to the area.
It appeared to me that it would benefit the
working parent in the surrounding area to have
a daycare center close to there home so they
can cut down on the cost, time and travel
involving taking there children to other day-
cares. Also by allowing a daycare on a well
traveled road such as East Chubbuck Road
it could possibly encourage parent that are
commuting there children to Pocatello to keep
there business in Chubbuck. The goal for
every City it to promote growth and good
business in the area. With the daycare on
East Chubbuck Road we would be more than likly
to keep the business in Chubbuck. For example
right down the street you have Smith's, the
parents can stop by to get last minute things
for dinner or they can put a few dollars worth
of gas in there cars, they can pick-up a movie
from pick-a-flick right down the road..
As far as changing the structure on our home,
or area there will be none other than the
drive- way and the walk out basement.
State that both she and her husband came from
very large family and enjoys being around
children.
Agrees that children do make noise but under
supervision that can be controlled.
In t~he paren'ts magazine3[ the January addition
it says: Young children need to be felt safe,
consider special and to be listen to.
She feel they can d~ ~.st that.
States they are going to stay in the rules and
regulation of the State and the Health and
Welfare.
Pete ask for question from the commission.
Jerry tydeman ask how much of the home to be used for the
daycare.
Katherine went in detail over the drawing of the house plan.
Tom Holmes Attoney ask about the number of Children
Katherine advised the commission of approx 21.7 children.
Pete asked about additional help.
Sue asked about fenced yard - kind &;blgh also about the lihablity
Insurance, push bar on the door, hours and days
Open for Public Hearing: Pete Anderson
that was presented by Phil Spessard
Open for public coment:
reviewed the letter
Jim Clous - stated about the area was not zone for
this type use and he was concerned because
he did not buy his home in an area where
there was going to be a day care and did not
want it changed.
Danger of road in the winter time(East Chubbuck)
Concern about the circle drive holding
enough cars for parking
Wishing that the Commission not allow the
conditional Use.
Cherly Chamberlin 770 East Chubbuck Road - comment
that she agrees with Mr Clous
Concern about the children climbing the chain
lenk fence.
Kate Spessard 742 Bedford Dr. Confirmed with the other
two.
21.7 Children are to many children to have
That Mrs. Conn can't cO-h~o~her own children.
She is also o'..pposed with the proposed
Conditional Use.
Dean Grosbeck - 750 East Chubbuck concern about the
traffic. The getting into and out of the
drive - opposed to the number of Children.
Pete Anderson Closed the Public Hearing
Then Mr and Mrs Conn was allowed toclearify any point or question
that was brought up.
Pete Anderson then opened up the Meeting to Discussion of the
Commission
He read from the Land Use Journal the c~3i'teria on the
conditional Use is based on.
Jerry Tydeman commented on the slope of the circular driveway.
-4-
Richard-Pearson concer~n~d-~ about the traffic on East Chubbuck Rd.
Myrna Cain - agreed with Richard Pearson
Sue Parrish - Feel we live in a society that requires women to
work and that we don't have enough good day care
centers however she agrees that there are many
concerns also about the number of children that
the Conn's are going to have.
Bob Allen - express the concern as to if we could pass the issue
with limitation.
Jerry Tydeman made a motion to Deny the Conditional Use for
Katherine and Richard Conn for the daycare center
at 735 East Chubbuck and was seconded by Richard Pearson.
A roll call vote: Robert Allen yes, Larry Call yes,
Richard Pearson yes, Pete Anderson yes, Jerry Tydeman yes,
Myrna Cain yes, Sue Parrish no.
The motion is carryed the issue is denied. There is an appeal process
they have a 25 days to appeal. It has to be a written appeal.
2.) A proposal by the City of Chubbuck to change the City's
Comprehensive Plan Land Use Pattern and the existing land
use District in the Neider 1st. and 2nd. Addition Subdivision.
It is proposed that the land use pattern and Land Use
District be changed from Limited Residential (R-2) to Single
Family Residential (R-l). Streets affected by the change
will be Scott, Sheppard, Spraker, Easy, Joy, Boyd ~and
West Side of Hawthorne.
This has been a request from the Mayor or John Cotant for a ~
Consideration of the change of zoning for that subdivision.
Mark Bunce asked the reason for the change of the zoning.
Pete explained the history that about a year agoi'i we had a
request for an annexation for sone property for the city
for some property to come in as a R-2 and our comprehensive
plan and all the property around the city are annex into'the
city as a R1. The conflic~ is we have very few R-1
neigbor so this has been requested to be looked at agaim.
Public hearing
No comment
Public Hearing closed
Robert Allen made a motion to the city counc~il the we change
the neider 1st and Neider 2nd subdivision to Single
family R-1.
Seconded by Myrna Cain
Roll Call Vote: Robert Allen yes, Larry Call yes Richard
Rearson yes, Pete Anderson yes, Jerry Tydeman yes,
Myrna Cain yes, Sue Parrish yes.
Decided to have Tom Holmes and Steve Smart to talk about the
live Stock ordinance at a later time.
Sue Parrish made a motion to adjorn at 9:15 P.M.
Seconed by Myrna Cain.
Colleen Wood, rg~ecreta~y
/et e And~/o~ ,- Cha~'rman
n
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
April, 7, 1988, upon the application of Richard and Katherine Conn
(hereinafter referred to as "applicant") for a conditional use
permit to operate a pre-school/day care center on the real
property located at 735 East Chubbuck Road, 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.
n 3. The property in question is zoned Single Family
Residential (R-1) pursuant to the Land Use Ordinance of the City
of Chubbuck.
4. The property is designated as Single Family Residential
(R-1) in the duly adopted Comprehensive Plan of the City of
Chubbuck.
5. Relevent criteria and standards for consideration of this
application are set forth in Section 18.28.040, Chubbuck Code.
6. The existing neighboring land uses in the immediate area
of this property are: to the north, R-1; to the south, R-1; to
the east, R-1; to the west, R-1.
7. The facts relevant to an evaluation of the relevant
criteria and standards are as follows:
A. Noise created by children and proximity to neighbors.
B. Present and future traffic flows on East Chubbuck Road.
C. Slope of street (East Chubbuck Road) in front of project
and of circular driveway to exit from and return to street,
especially in winter.
D. High volume of traffic on East Chubbuck Road.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
jm 15T-22
E. Protest by neighbors related to noise and traffic
problems.
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 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 produce a negative impact on
transportation facilities, but not on 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 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 not 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. While most problems with respect to the neighbors and
noise can be mitigated, the problems with traffic, including
hazards and congestion, which this use would create or aggravate
are insurmountable.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
jm 15T-22
Y " /l T o T ^ LT
1. The Land Use and Development Commission, pursuant to the
foregoing, finds that the request of the applicant should not be
approved.
2. The Conditional Use Permit requested by the Applicant is
not granted.
DATED this Sfg day of MA, �, , 1988.
LAND USE AND DEVELOPMENT COMMISSION
By:
HAIRMAN
Motion by Jerry Tydeman, seconded by Richard Pearson, to
adopt the foregoing Findings of Fact, Conclusions of Law and
Decision.
ROLL CALL:
Commission Member Vote
Larry Call
Yes
Robert Allen IYes
Richard Pearson Yes
Jerry Tydeman Yes
Myrna Cain
Yes
Sue Parrish No
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
jm 15T-22