Loading...
HomeMy WebLinkAbout009 05 85LAND USE AND DEVELOPMENT COMMISSION MINTES September 5, 1985 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building September 1, 1985. Present: Chairman Pete Anderson, Commission Members: Steven England, Janet Williams, Sue Parrish, Dee Stalder, City Attorney B. Lynn Winmill, City Building Inspector Cary Campbell and Secretary Dorothy Ward. Myrna Cain and Robert Allen were excused. Meeting called to order at 8:05 p.m. by Chairman Anderson. Chairman Anderson asked for any additions or corrections to the minutes of August 1, 1985, there being none, Janet Williams made motion to accept minutes as written. Sue Parrish seconded the motion with all commission members voting in favor. PUBLIC HEARING ITEM: 1. PROPOSAL ~ IDAHO FIRST NATIONAL BANK, P.O. BOX 8247, BOISE, IDAHO FOR A CHANGE OF ZONING FROM Agricultural (A) to General Commercial (C-2) on a tract of land on the north easterly ½ of Lot 18, Paradise Acres Subdivision. Property is located on the north- west corner of Yellowstone and Syphon Road. Gene Galloway, 8933 Buckskin Road, Pocatello, Idaho, representing Idaho First National Bank, said the bank is requesting rezoning primarly to make property more marketable. He said the bank felt corner would be best used as a commercial use, they have no plans to develop at this time; but when development occurs the the developer will have to come into the city for approval. Commission discussed with Mr. Galloway which portion they wished to have rezoned. Stuart Nelson had the westerly 550 feet rezoned to General Residential (R-2). Mr. Galloway said the bank owned the entire lot and would like the front half of lot to be rezoned General Commercial (C-2). Attorney Winmill said,for public record, that restricive covenants are applicable and they suggest area should be developed as Limited Commercial (C-l) as opposed to General Commercial (C-2)o Restrictive covenants are not binding on the City but developers need to be aware of the covenants. Chariman Anderson opened public hearing for public comment. Elma Shelley, 223 Abraham, said they did not object to the change of zoning from Agricultural (A) to General Commercial (C-2), she said their concern was for the traffic already on the corner of Abraham and Yellowstone and what a commercial devlopment would generate. Chairman Anderson told Mrs. Shelley when property develo~d a traffic count could be made to determine how much traffic would be generat~ed.~ PUBLIC HEARING ITEM: IDAHO FIRST NATIONAL BANK - rezoning Attorney Winmill said that city would require a plat at time of development, and at that time, city could require a traffic study. Public Hearing closed. Commission. Chairman Anderson asked for comments from Sue Parrish made motion to recommend to the City Council that portion of Lot 18, Paradise Acres, still zoned Agricultural (A) be rezoned General Commercial (C-2) as proposed by Idaho First National Bank. Janet Williams seconded the motion. Roll call vote, Stalder, yes; Parrish, yes; Williams, yes; England, yes; Anderson, yes. 2. PROPOSAL BY DUANE AND IRENE KEARN, 388 ADAMS, FOR A CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON LAND EAST OF 5024 Yellowstone. Chairman Anderson asked that Sue Parrish act as Chairman on this item as he had a conflict of interest. Chairman Parrish asked for comment from Mr. Kearno He said there is a vacant lot east of the Chubbuck Car Wash, which is an eyesore. He said he was purchasing the property and it would be a second business behind the car wash business; which he did not feel would sustain the property and maintain the income needed to purchase the property. He said they were asking for the conditional use permit in order to put the storage units in and to maintain the property. Chairman Parrish opened the public hearing for public comment. Rick Potter, 750 Natalie, said he was concerned if storage units would be on Yellowstone Avenue. He was assured they would be back from Yellowstone Avenue. There being no other comments, public hearing closed, for discussion from the commission. Chairman Parrish asked if the foundatins would be of concrete. Mr. Kearn said they would be, with metal buildings. He said there will be a fence on the east end of property, otherwise buildings would be built on property line, with inverted roofs ~ drain on existing property. Janet Williams made motion to grant the conditional use permit for Duane and Ire~ Kearn, to construct storage units on land east of 5024 Yellowstone Avenue. Dee Stalder seconded the motion° Roll Call vote, Stalder, yes; Williams, yes, England, yes; Parrish, yes. Chairman Anderson resumed chairmanship. 3. PROPOSAL BY CAROL DAVIS, 4595 SAWTOOTH, FOR A CONDITIONAL USE PERMIT TO OPERATE A BUSINESS, AN ENTERTAINMENT GROUP, CALLED TALENT Sprouts, from her home. Carol Davis, 4595 Sawtooth, said the group would consist of children in the 4 year to 12 year age goup and each group would consi~t.~f between 15 and 20 children. She said they would meet two days a week and the classes would be 45 minutes to one hour long. PUBLIC HEARING ITEM: CAROL DAVIS - entertainment group Chairman Anderson asked for comment from Cary Cambell. He said application would fall under category of home occupation, and as far as the building department was concerned, there was no reason it could'nt go in. He said the one problem he could see, would be the parking. Mrs. Davis said she had talked to her neighbors about the group and no oD.e had any objection, she felt many neighborhood children would participate. She said they had parking for five cars and thought many of the children would be walking. Cary Campbell asked her if she understood that doors might have to be changed to accomodate this many children. She answered she understood this to be so. Attorney reviewed the requirements for a home occupation. Sue Parrish said there was a safety factor, for children in a basement. In case of fire, an exit is needed with capabilities of 20-40 children to get out. Commission discussed gearing program for neighborhood children and the the group only meeting two days a week for two hours. Mrs. Davis said she would send a message home with the children for parents not to use neighbors parking areas and to car pool if possible. The Commission discussed the parking requirements. Chairman Anderson opened the public hearing for public comment. Lea Potter, 750 Natalie, expressed concern with so many small children in neighborhood about the additional traffic. She said children walking to and from school would be the major problem; with the additional traffic. Public hearing closed. Dee Stalder said he was concerned about the traffic, with so many small children in the neighborhood; although it would be for only two days a week he was concerned about the extra traffic and there was no guarantee the children would be neighborhood children. Commission discussed the parking requirements of the city. According to city ordinance 6 parking spaces would be required, and the Davises can provide 5 spaces. It was determined the five spaces would be adequate. Attorney Winmill said they could petition the Council for fewer parking spaces. Mrs. Davis said it would be a franchise they would buy; and it does not allow more than twenty children in a class. She said they would be promoting children in the same family, therefor she did not feel they would have many cars delivering children. Sue Parrish said she felt it would be more neighborhood children attending the classes. Chairman Anderson said he didn't think parking would be a problem, it was the picking up and dropping off of the children. PUBLIC HEARING ITEM: CAROL DAVIS - conditional use permit Sue Parrish moved to grant the conditional use permit to Carol Davis, 4595 Sawtooth, to operate a business, an entertainment group, called the Talent Sprouts from her home for a period of ten months, at this time the conditional use permit to be reviewed in all aspects. The review to be handled the same as a public hearing, except for publication. The applicant to compy with all applicable ordinances, statutes and regulations. Janet Williams seconded the motion. Ro~ call vote: England, yes; Williams, yes; Parrish, yes; Stalder, no; Anderson, no. Motion passed. 3. PROPOSAL BY RICK AND CAROLINE HARTLEY,5060 DORIAN, FOR A CONDITIONAL PERMIT TO OPERATE A BEAUTY SHOP AT THEIR HOME. Property is presently zoned General Residential (R-2). Cary Campbell stated this would fall u~ez__lhe home occupation. Mr. Hartley said the business would be a single chair operation; at the present time she did not do hair, that her business was doing nails, however it fell under the same regulations as some one who did hair. He said she had her clientele, and she would be open only three days a week. Chairman Anderson opened meeting for public comment. Troy E. Malzahn, 5080 Dorian, said their restrictive covenants would not allow a business in neighborhood. Attorney Winmill explained to him the restrictive covenants were up to the neighbors to enforce. Mr. Malzahn expressed concern about the traffic and if city setting a precedent by allowing a business in residential neighborhoods. Lea Potter, 750 Natalie, said the purpose of their opposition is to set restrictions on what can be done in homes. She said they were concerned that Mrs. Hartley might only do nails now, but later start doing hair and increase her clientele. She said she would like to know what rights they have as neighbors. She was told city could put restrictions on as to how many people would be coming to the shop at any given time. Mrs. Potter said Dorian is a major school crossing from 2:30 p.m. until 3:30 p.m, that they had counted 100 children crossing to- day, she felt most of Mrs. Hartley's clientele would be coming from other areas and would not be aware of the enormous amount of children and the school crossing. She said she would like to see the commission limit the number of clientele because of the amount of traffic it would create. Attorney Winmill said a limit of number of clients could be made and times of operation are legitimate concerns of commission. Steven England said there had been a beauty shop in their neighborhood for several years and it had not created any problems, either with traffic or parking. He said there were probably people, in the neighborhood, that did not know it existed. PUBLIC HEARING ITEM: RICK & CAROLINE HARTLEY - conditional use permit Mr. Hartley indicated they would be willing to comply with limited times and clientele, he said they to would be concerned for the children. Public hearing closed. Janet Williams made motion to grant Rick and Caroline Hartley, 5060Dorian, a conditional use permit to operate a beauty shop from their home, that operation have only one customer scheduled at a time and that customers not to be scheduled ½ hour before beginning or ½ hour after ending of classes in adjacent school~ Conditional use permit to be reviewed in one year. See Stalder seconded the motion. Rollcall vote: Stalder, yes; Parrish, yes; Williams, yes; England, yes; Anderson, yes. OTHER BUSINESS: 1. Review of the City's Land Use Ordinance; after some discussion it was decided the commission would meet September 19, 1985 at 7:00 p.m. to make recommendations on the multiple housing portion of ordinance. Discussed changing time of Land Use Commission meeting to an earlier hour. Meeting adjourned at 10:30 .~ e{e Anl Dorothy L. W~rd, Secretary W 11 CITY OF CHUBBUCK LAI4D 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 , 1985 upon the applica-Ui-on of Carol Davis (hereinafter referred to as "applicant") for a conditional use permit to teach a children's entertainment group in her home - " Talent on the real property located at a�a� C ,teeth 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. 3. The property in question is zoned g-2_ or pursuant to the Land Use Ordinance o e i y of Chubbuck. 4. The property is designated as General Residential 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 Na -241 Sections 1-5 (h) and 1 �T) 6. The existing neighboring land uses in the immediate area of this property are: To the north, to the south, Residential to the east Residential ' 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. -Applicant plans to have 4 classes with 15-20 ehildrea- (4-12 years of age) in each n1asG D. E. F. G. H. 8. Owners of adjacent property IXcJV0 / have not tapEtsse_O approval of the issuance of the requested conditional use permit. 11:any objection to 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 vpJA 1 / will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought v / will not produce an adverse impact on the economic values of adjacent properties. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 n 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 condition now existing (]VWP( /// /does not indicate that the permit should be denied. 5. The use for which the permit is sought shaA,1 / 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 vdif / 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 / hhh/fibk been minimized by Applicant as much as is reasonably possible. S. 9. 10. The requested conditional use permit, if granted, should be maintained subject to the condtions set forth herinafter. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should / AMbA4/Ab)t/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 1. Subject to review and possible revocation, in 10 months regarding all aspects of permit, including traffic prob em. 2. Review shall be held following public hearing at -rte _-_____s expense./ 3. Applicant'to-can-f-orm with all applicable ordinances, statutes, regulations and codes. 3. The Conditional Use Permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this 5th day of September 41 198 5 . LAND USE AND DEVELOPMENT I AMMTCCTAM Motion by G„P parrich seconded by � 1at wii i J AMS , TO adopt the foregoing Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Commission Member Vote England _yes Williams Yes Parrish Yes Stalder No Anderson NO FINDINGS OF FACT, CONCLUSIONS OF LAVA' AND DECISIONS - Page 4 CITY OF CHUBBUCK i"\ 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 September 5, , 198 5, upon the application of Rick and Caroline Hartley (hereinafter referred to as "applicant') for a conditional use permit to operate a beauty shop in home on the real property located at 5060 Dorian 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. 3. The property in question is zoned R-2 or General Residential pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as R-2 General ReaidAni-ial 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 Sections 1-1 (h) and 3-3 (g) 6. The existing neighboring land uses in the immediate area of this property are: To the north, Residential % to the south, —Rog i to the east % to the west 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. Applicant has indicated that there would only hp- single Psingle customer at a time. B. Restrictive Covenants prohibit any business activity. C. D. E. F. G. 110� H. 8. Owners of adjacent property have /�y�/��//// expresse0abb'r V/aV.A the issuance of the requested onditional use permit. ome objection to 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 Jnla&/ / will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought Vl11// will not produce an adverse impact on the economic values of adjacent properties. r'1 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 3 . asTYL%rn2&EWught wii/1/1/ / will not produce a r� negative4,impact on trXnsportation 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. n 4.jt� traffic conditions generated by the user orTi ,} w-hhi.c t e permit is sought, when analyzed in conjunction with the .._noise and traffic condition now existing dWW// does not indicate that the permit should be denied. 5. aTshec ��e*ich the permit is sought lWaST / shall notfwo.rk an unregsonable 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 /Vi/l/l/ / will not conflict with aesthetic qualities of the surrounding lands. 7. The adverse impact development within the City by Applicant as much as is 8. 9. of the roposed use on other has / been minimized reasonably possible. 10. The requested conditional use permit, if granted, should be maintained subject to the condtions set forth herinafter. 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should / /sVortY.Vd'/r o(V 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 . 1, Review in one year 2 Compliance with all ordinances, statutes, regulations and codes applicable to structure and uses of this type. 3. Only one customer scheduled or worked on at a given time. 4. No clients or customers scheduled during half hour before and after the beginninq and end of classel in adjacent scnools. 3. The Conditional Use Permit requested by the Applicant is / 11,41 granted, subject to the foregoing conditions. DATED this 5th day of SP temhPr 1988_. LAND USE AND DEV$LOPMENT COMMISSION _ / By: Motion by Janet Williams seconded by H. Dee Stalder TO adopt the foregoing Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Commission Member Vote Stalder Parrish Williams Yes Yes Yes ''1 England Yes Anderson Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIONS - Page 4 CITY OF CHUBBUCK 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 September 5 , 1985 upon the application of Duane & Irene Kearn (hereinafter referred to as "applicant") for a conditional use permit to construct rental storage units. on the real property located at 5024 Yellowstone Ave. and the Commission having heard testimony from I 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. 3. The property in question is zoned r_2 or General Commercial pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as General Commercial 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 No. 241 6. The existing neighboring land uses in the immediate area of this property are: To the north, rommarcial- to the south, Commercial to the east Agricultural' to the west Commercial - 0 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 QO A. Property has not been well ad in the past C. D. E. F. Cem H. 8. Owners of adjacent property have / have notobjected of the issuance of the requested cond conal 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 yt// will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought A-IYY / will not produce an adverse impact on the economic values of adjacent properties. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 IWOMM- - - - - -- - - M - C. D. E. F. Cem H. 8. Owners of adjacent property have / have notobjected of the issuance of the requested cond conal 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 yt// will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought A-IYY / will not produce an adverse impact on the economic values of adjacent properties. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 n 3. The permit sought wµ,/1/ / 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 condition now existing does indicate that the permit should be denied. 5. The use for which the permit is sought %44Y� / 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 / lyggla(di been minimized by Applicant as much as is reasonably possible. 8. 9. 10. The requested conditional use permit, if granted, should be maintained subject to the condtions set forth herinafter. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should / Wo(d](cl/ridf 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 3. The Conditional Use Permit requested by the Applicant is / O/mak/ granted, subject to the foregoing conditions. DATED this 5th day of September 198 5 LAND USE AND DEVELOPMENT cc By Motion by Janet Williams seconded by Dee Stal der TO adopt the foregoing Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Commission Member Stalder Williams Parrish /'\ England Vote FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIONS - Page 4 Yes Yes Yes Yes