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Home My WebLink About006 05 86LAND USE AND DEVELOPMENT COMMISSION MINUTES June 5, 1986 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building , June 5, 1986. Present: Chairman Pete Anderson, Bob Anderson, Sue Parrish, Myrna Cain, Ted Corrington, Dee Stalder, Bob Allen, City Attorney B. Lynn Winmill, Public Works Director Steven Smart, Secretry Dorothy Ward. Evan Byington and Mayor John O. Cotant were excused. Meeting called to order at 7:30 p.m. by Chairman Anderson. Chairman Anderson asked for any additions or corrections to the minutes of May 1, 1986. There being none, Dee Stalder made motion to accept minutes as written. Sue parrish seconded the motion, with all commission members voting in favor. PUBLIC HEARING ITEM: A PROPOSAL BY DONALD G. AND JUDY N. JOHNSON, D & J'S SHARP- all Shop and Small Engine Repair, 5605 Eden, Chubbuck, Idaho for a conditional use permit to allow them to operate a Small Repair Shop at their home. Property is presently zoned General Residential (R-2). Chairman Anderson informed the commission members that the Johnson's had failed to include twelve residents within the 300 feet requirement, for a conditional use permit, therefore conditional use permit tabled Mr. and Mrs. Johnson were informed they would have to re-apply and pay all fees again, along with a list of those people that would be involved in public hearing. APPLICATION BY THE CITY OF CHUBBUCK, IDAHO FOR A CHANGE OF Land Use district to General Commercial (C-2) with respect to a tract of land, SW1/4 SW1/4 NE1/4, Section 3.5.6S, R34E. Bannock County, on the east side of Yellowstone Avenue,in the 5200 Block. Chairman Anderson asked Bob Allen to assume the Chairmanship as he had a conflict of interest. Chairman Allen asked for comment from the city. Steve Smart,the city had signed an option with the people but the city was also looking at a site on East Chubbuck Road. He said this particular piece of ground was outside city limits, therefoe zoning would need to be brought in under the comprehensive plan zone, which would be General Commercial (C-2) for that area. Chairman Allen opened public hearing for comment from the public, there being no one present, public hearing closed. PUBLIC HEARING ITEM: CITY OF CHUBBUCK, CHANGE OF LAND USE DISTCT Chairman Allen asked for comment from the commission members. Commission members discussed: a) b) There would be no impact on a residential area. The zoning would be same as in the general area and is so designated in the comprehensive plan. Bob Anderson made motiion to recommend to the city council, for their approval, a change of land use district to General Commercial (C-2) with respect to a tract of land, SW1/4 SW1/4 NE1/4, Section 3.5.6S, R34E. Bannock County, on the east side of Yellowstone Avenue, in the 5200 Block. Sue Parrish seconded the vote. Roll cal vote, Stalder, no; Bob Anderson, yes; Cain, yes; Parrish, yes; Corrington, yes; Allen, yes. PROPOSAL BY THE CITY OF CHUBBUCK 5160 YELLOWSTONE AVENUE, CHUBBUCK, IDAHO, for a conditional use permit to allow the City ~ operate a swimming pool, with related concessions on the tract of land, described in hearing above, Chairman Allen opened public hearing for comment from the public, there being no one present, public hearing closed. Commission members discussed the swimming pool and impact it would have on city. Bob Anderson made motion to grant the conditional use permit, to the City of Chubbuck, to allow the city to operate a swimming pool with related concessions on a tract of land SW1/4 SW1/4 NE1/4, Section 3, T.6S, R34E., Bannock County, on the east side of Yellowstone Avenue in the 5200 Block. Ted Corrington seconded the motion. Roll call vote: Stalder, no; Bob Anderson, yes; Allen, yes; Parrish,yes; Cain, yes; Corrington, yes. Dee Stalder made motion to adjouz~ favor. PTe-- An'dSr s on Dor'0t'h~ L.' ~ard, Secretary at/~30 p.m. Ail voted in CITY OF CHUBBUCK n LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter having come before the Commission for public hearing pursuant to public notice as required by law, on June 5 , 198 6 , upon the application of City of Chubuck (hereinafter referred to as "applicant") for a conditional use permit to allow the City to operate a swimming Po on the real property located at 5200 Yellowstone and the Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following FINDINGS OF FACT 1. Applicanat has applied for a condtional use permit as particularly described above. 2. All legal requirements for notice of public hearing have been met. ?011N 3. The property in question is zoned or n„tsir1P rite T.imits pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as CPnPra1 Commercial )C_2) 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 Land Use Ordinance #241 6. The existing neighboring land uses in the immediate area of this property are: To the north, Agricultural to the south, Commercial to the east Agricultural to the west Residential 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 A. Property i s 1 nratPrl wharf i t i c not �� -ruant +- B. Area has Suitable and arle-quatP arr-PCc to a major thoroughfare wi i C. No apparent problem with traffic- generated from this articul r site. D. No adverse impact upon residntial areas_ E. Site appears to be by its demensinns adpauate for purpose F. G. n H. 8. Owners of adjacent property have expressed approval of the issuance of the requested conditional use permit. 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/VYYY / will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought will / Mj1J131/rygt produce an adverse impact on the economic values of adjacent properties. `^ FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 n t 3 . The permit sought will / �nyi/1/]/ /�'9' Produce a negative impact on transportation facilities, public utilities, schools, p parks, arks, 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 condition now existing )dbb15// does not indicate that the permit should be denied. 5. The use for which the permit is sought shall / 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 y4AA1 / 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. a 10. The requested conditional use permit, if granted, should be maintained subject to the condtions set forth herinafter. nPrTSTON 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should / qY qi��q/poe /be approved. 2. The following conditions, if any, should be 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: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIONS - Page 3 remz- NAME 3. The Conditional Use Permit requested by the Applicant is / i/s'/rzgiV/cJr141%V9!91/ subject to the foregoing conditions. DATED this 5th day of June 198 6 LAND USE AND DEVELOPMENT COMMISSION 91-04�0-1',O/ A, Motion by R„b And -0=s,, -4n _ 11 seconded by ed TO adopt the foregoing FindIngns of Fact, Conclusions of Law and Decision. ROLL CALL: Commission Member Vote Bob Anderson /''�, Parrish Yes Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIONS - Page 4 Cain Yes Corrington Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 5