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Home My WebLink About007 07 83LAND USE & DEVELOPMENT COMMISSION MINUTES July 7, 1983 Minutes of the regular meeting of the Land Use and Development Commission held in the city m~nicipal building, July 7, 1983. Present: Chairman Richard Allen, Commission Members: Robert Allen, Pete Anderson, Ronald Nelson, Janet Williams, Dee Stalder, City Attorney B. Lynn Winmill, Public Works Director Steven Smart and Secretary Dorothy Ward. Meeting called to order at 8:00 p.m. by Chairman Allen. Chairman Allen asked for any corrections or additions to the minutes of meeting held May 5, 1983. Pete Anderson asked for a correction to the minutes on conditions of approval of Bicycle City conditional use permit. That all areas not used for track be planted with vegatation other than weeds. Janet Williams made motion to accept minutes as corrected, Dee Stalder seconded motion, with all commission members voting in favor. PUBLIC HEARING ITEM: A PROPOSAL BY BOYD W. AND DARLINE CRUMP, FOR A CONDITIONAL USE PERMIT to operate a day care center at 420 West Chubbuck Road. Property is presently zoned General Commercial (C-2). Mr. and Mrs. Crump are contract purchasers. Mr. Crump stated they had had difficulties in closing on the piece of property at 5565 Yellowstone that they had recieved a conditional use permit on for a day care center; and on the advise of their attorney had not bought the property. He said the property at 420 W. Chubbuck Road would be ideal for a day care center. He said they would use two levels for the day care center, and the patio for lunches, etc. Mr. Crumps said they would work with the Building Inspector Danny Stuart to meet all the requirements for a day care center, under the city ordinances. Chairman Allen asked for testimony in favor of the day care center. There being none, he asked for testimony opposed. There being none he closed the public testimony and ~sked for comment from the commission. Dee Stalder asked how many children they would be caring for. Mr. Crump said with the size of building, they could care for forty. He said they would close off the top part for living quarters. He said they had talked with Mr. Stuart and would probably have to put in another bathroom. He said there would be access to the back yard from the play area. Mr. Crump said there is a common access between the home and the truck lines for a driveway. CONDITIONAL USE PERMIT - BOYD & DARLINE CRUMP - DAY CARE CENTER Janet Williams questioned Mr. Crump, if cars would be backing out onto Chubbuck Road. He said no, there is a circle driveway. Attorney Winmill said this public hearing is only designed to insure overall use of this piece of property for a day care center, to conform with the general needs of the neighborhood. He said no comment was being made about legality of operation or requirements made by state law as to operation of day care center or what requirements may be imposed by Life Safety Code, Fire Codes or Building Codes or any other code, is totally apart from application for a condition use permit for a day care center. Robert Allen made motion to approve the conditional use permit of Boyd and Darline Crump for a day care center at 420 W. Chubbuck Road, with findings of fact and conclusion of law met, they comply with all standards and local codes. The following conditions must be met: 1. A 6 foot chain link fence to seperate play area and parking and and storage area. 2. They have adequate parking for delivery and picking up of children. The findings of fact and conclusions of law are attached to minutes. Pete Anderson seconded the motion. Allen, yes; Anderson, yes; Williams, yes; Stalder, yes; Nelson, yes; Richard Allen, yes. OTHER BUSINESS: 1. Review of preliminary plat for the Burnside Center, a subdivsion located in the City of Chubbuck, lying in the 4500 block of Yellowstone Avenue. Bob Thompson, Alpine Engineering, representing Norjam said developers would like to. change two things on the plat. That the street be called Kings Way, rather than Valenty Road, and that the plat be called Kings Center rather than Burnside Center. Steven Smart reviewed with the commission members the plat. Stating the lots are large lots but for a commercial development that is no problem. deliv~red~ all utilities,.includ~ng Mr. Thompson said they had h~n~.~plat(tS6~ Idaho Power, In~ermoun~aln Gas, Bannock County and the Highway Department for review. Mr. Smart said the Romriell deed to the city for the street has been recorded; and the developer will be responsible for the street. Mr. Hugh Hadley, developer, said that John McKnight would deed the small strip needed for the road to the city for a letter from the city stating city wants a road through property. Mr. Smart said it needs to be made clear the developer will provide curb, gutter and sidewalk on road. PRELIMINARY PLAT - BURNSIDE CENTER Pete Anderson made motion to recommend to the City Council for their approval the preliminary plat of Burnside Center with the following changes: the preliminary plat be changed from Burnside Center to Kings Center, Valenty Road be changed to Kings Way, with the city engineers recommendations: 1. Transmittal letters indicating preliminary plat sent to required agencies. 2. Evidence of property ownership. 3. Plans for storm water disposal. 4. Proper maintenance or disposal of irrigation water. 5. Irrigation ditch ~nd conduit of the intersection of Evans Lane and Valenty Road needs to be reconstructed to conform to city standards under the roadway right-of-way. 6. Developer to be responsible to develop Valenty Road from Evans Lane across right-of-way property owned by the City of Chubbuck. 7. City Ordinance requires no property frontage shall be more than 300 feet from fire hydrant. 8. Each lot to be connected to city water and sewer service. 9. McKnights property on the road way needs to be handled properly in the plat dedication. Janet Williams seconded the motion. All commission members voted in favor. Motion made to adjourn at 9:00 p.m. by Pete Anderson, seconded by Ron Nelson. All commission members voted in favor. Dor~~rd, Secretary Chairman CITY OF CHUBBUCK LAND USE & DEVELO~ OS69{ISSIfkN FINDINGS OF FACT, GOHiLUSIONS OF LAW AND ORDER This matter having c~ne before the Conraission for public hearing pursuant to public notice as re~red by law, on %[~&~ ~ , 19~_~, upon applicant's application for ~--~nge k-. 12-"~--~ Usc Dist~-ict,CL.~---.--~r~.--nt tn FINDINGS OF FACT 1. Applicant has applied for: ~_a~.~_ -,1~ ~,~9 ~ ~11~~ "~ e ; to the _~ast, ; tm the west, ~ Plan designates this area as ~ 4. That the existing zoning of t/me property is e That all legal requirements for notice of the public hearing have been fulfilled. Owners of adjacent ~mperty have/~m~-a~t expressed approval of the application. e e Relevant critaria and standards for construction of this application The facts relevant to an evaluation of the relevant criberia ~ ~ stao8ards are as follows: De E. F. G. H. I. Conclusions of Law 1. The use for which the permit is sought a~-l~/will not be in~urious to the neighborhood or otherw/se detrimental to the public health, safety or welfare. 2. The permit sought w~-~l/will not produce an adverse impact on ~e economic values of adjacent prope_rties. 3. The permit sought ~t/v~il not produce a negative impact on transpo:~f~,.tion facilities, public u-dilities, schools, public parks, or the p~tural environment any greater tl~n had t/~e strict terms of the I~n~ Use Ordinance been satisfied. 4. The noise and traffic cor~itior~ g~nerated by the use for which the permit is sought, when aD~]yzed Ln conj~n~aion with the noice and traffic conditions now existing in the vicinity ~m/does not indicate that the permit should be denied. 5. The use for which the pemmit is sought ~t/~1 not work an unreasonable hardship u~on surrour~ng property owners by virtue of the legal nature or by the impact of changes made in the lane/scape of the land. 6. The aesthetic ~m] ifies of the proposed use ~l/will not conflict with the aesthetic qualities of the surrounding lands. i ~ ~ le "' ' ' ' by ~ :'-'-'~;~'= '~ ....... ~ ~" "~ ~ e 11. The requested c~n~itio~ use penmit should be granted, subject to the conditions, if any, set forth P~reinafter. Decision & Order qYne Land Use & Develotr~nt Cc~mission, pursuant to the foregoing, finds that the request of for a should 'be approved/approved subject to the follc~inq conditions/denied. Mo~ion by: to adopt the foregoing Findings of Fact, Conclusions of Law and Order. I:~LT, Conmissioner Co~n~ssioner Conrmis sioner Conn~ssioner .Conmissioner Comr~ssioner