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