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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