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HomeMy WebLinkAbout010 06 83LAND USE & DEVELOPMENT COMMISSION MINUTES October 6, 1983 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building, October 6, 1983. Present: Acting Chairman Thomas Nield, Commission Members: Dee Stalder, Myrna Cain, Ronald Nelson, Robert Allen, Pete Anderson, City Attorney B. Lynn Winmill, Public Works Director Steven M. Smart, Secretary Dorothy Ward. Commission Members Richard Allen and Janet Williams were excused. Meeting called to order by Chairman Nield at 8:15 p.m. Chairman Nield asked for any additions or corrections to the minutes of September 1, 1983. There being none, Ron Nelson made motion to approve minutes as mailed out. Myrna Cain seconded the motion, with all commission members voting in favor. PUBLIC HEARING ITEM: Proposal by Robert L. Davis, for DMTM, 30 Debbie Drive, Pocatello, Idaho, for a change of land use ditrict to General Commercial (C-2) and for a change of the City's Comprehensive Plan if necessary on property owned at 205 and 207 East Chubbuck Road. Chairman Nield aSked for testimony in favor of proposal. There being none, he asked for testimony in opposition. There being none, he closed the public testimony and asked for comments from the commission. Commission members discussed this property being split into two zones, Industrial (I) and Commercial (C-2). Steven Smart said that Mr. Davis was asking for all of his property to be zoned Commercial (C-2). Pete Anderson made motion to recommend to the City Council for their approval the proposal by Robert L. Davis, for DMTM, that the Land Use District be changed to Commercial (C-2) and the change to be reflected in the Comprehensive Plan. The Findings of Fact and Conclusions of Law having been satisfied, Dee Stalder seconded the motion. Roll Call vote: Nelson, yes; Allen, yes; Anderson, yes; Cain, yes; Stalder, yes; Nield, yes. Proposal by Jerry & Lily Tydeman, 5008 Yellowstone, Chubbuck, Idaho for a conditional use permit to place a Class II Production Building on property east of 5012 Yellowstone, for residential purposes. Property is presently zoned General Commercial (C-2). Chairman Nield asked for testimony in favor of proposal. Jerry Tydeman, 5008 Yellowstone, said they would like to move into a new home at this location. He said they have property on Hiway Avenue they are trying to sell. He said they would like to have something with less upkeep and maintenance because of the type of business they are in. He said it would provide extra security for their business and would help them economically. PUBLIC HEARING ITEM: Jerry and Lily Tydeman ~ conditional use permit Mr. Tydeman showed pictures of the Class II Production dwelling and said it would be all requirements of the city's ordinances. Chairman Nield asked for testimony in opposition to proposal. There being none he closed the public testimony and asked for discussion from the commission members. Dee Stalder said he was concerned about making exceptions in the Commercial zone. Attorney Winmill said an exception would not be made because a ClaSs II Production Dwelling was conditionally allowed in a Commercial zone. Mr. Tydeman said there is an existing driveway and water and sewer are already to the property. The power will be placed underground. Commission members discussed the ordinance requiring Class II Production Dwelling to have external appearance of site buildings. Robert Allen made motion to approve the conditional use permit of Jerry & Lily Tydeman to place a Class II Production Building at 5008 Yellowstone, that it would not be detrimental to area, because it is allowed conditionally it should not be in conflict with the Comprehensive Plan. The Findings of Fact and Conclusions of Law having been satisfied, Pete Anderson seconded the motion. Roll call vote: Stalder, yes; Cain, yes; Anderson, yes; Allen, yes; Nelson, yes and Nield, Yes. o Proposal by Robert 1. Harrison, 4457 Burley Drive, Chubbuck, Idaho, for a conditional use permit to place a Class II Production Building on property for residential purposes. Property is presently zoned General Residential (R-2). Chairman Nield asked for public testimony in favor of proposal. Robert L. Harrison, 4457 Burley Driv~ said that he planned on tearing down the old home. He said it woul~ more costly than the house is worth to renovate it. Chairman Nield asked for testimony opposed to proposal. There being none he closed the public testimony and asked for comments from the commission members. It was determined the property was in a Commercial (C-2) zone rather than General Residential (R-2). Attorney Winmill said he felt that it had been an honest mistake and that the commission could act on the proposal. The commission members discussed the removal of the old home. Ronald Nelson made motion to approve the conditional use permit of Robert L. Harrison to place a Class II Production Building at 4457 Burl ey Drive, that it would not be detrimental to area, because it is allowed conditionally it should not be in conflict with the Comprehensive Plan. The old home is to be removed and the new dwelling to be owner occupied. PUBLIC HEARING ITEM: Robert L. Harrison - conditional use permit The Findings of Fact and Conclusion of Law having been satisfied, Myrn~ Cain seconded the motion. Roll call vote: Nelson, yes; Allen, yes, Anderson, yes; Cain, yes; Stalder, yes; Nield, yes. Motion made to adjourn at 9:00 p.m. by Dee Stalder, seconded by Pete Anderson. All commission members voted in favor. Tho~~ Ni61d, Acting C~h~rman Dorothy 1. Ward, Secretary CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter having come before the Land Use and Development Commission for public hearing pusuant to public notice as required by law, on O~E~ ~ , 1983, upon the application of '~-o{5~%V ~, "q~V~ ~--Ok ~ (hereinafter referred to as "applicant") for a change in land use district for the real property described on Exhibit A hereto from ~ or ~NAVSTIAL~L to ~-~ or ¢:r~L ~.O~ERCIAL , and the Land Use and Development 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 zone change from ~ to C-~ for the real property more particularly described on Exhibit A hereto. 2. Ail legal requirements for notice of public hearing have been met. 3. The property in question is zoned /2 or IN~V~T~{~t- pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in the Comprehensive Plan in Sections B, B(5), B(6) and B(8) and in Idaho Code Sections 67-6502 and 67-6508. 6. The existing neighboring land uses in the immediate are of this property are: To the north, ; to the south, ; to the east, ~ to the west, 7. The requested change in land use district (is / ~--~e~) in conflict with the provisions zc~in~ rcgul~Qn~ or the duly adopted Comprehensive Plan of the City of Chubbuck) FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - PAGE 1 8. The property in question (is / ia--p~t) suitable for the proposed land use district, and such uses (would / w~) be compatible with existing land uses in the area. 9. Owners of adjacent properties (have /-~) expressed approval of the proposed change in land use district. 10. The requested zone change (is / i~--~et) reasonable to provide orderly development of the City, and to promote economic values and (,~i-l-~-/ will not) be detrimental to the public health, safety, and welfare. 11. It (is / i~ in the best interests of the public that the proposed change in land use district be granted. BASED UPON THE FOREGOING FINDINGS OF FACT, the Chubbuck Land Use and Development Commission hereby enters the following CONCLUSIONS OF LAW 1. The requirements of Idaho Code Section 67-6509(d) have been met. 2. The proposed change in land use district (is / ~--n~rT) reasonable and necessary to provide orderly development of the City, and to promote economic values, and is not inconsistent with or detrimental to the public health, safety, and welfare. 3. The proposed change in land use district (is / i~s--no~) consistent~w~hL~ ~,r~o,v,i~sions of the Comprehensive Plankah~-qLan-~ U~e--Ufdinance of the City of Chubbuck and the Local Planning Act of 1975, as codified in Chapter 65 of Title 67 of the Idaho Code. 4. The requested change in Land Use District (should /.~ be granted. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - PAGE 2 DECISION 1. It is recommended that the application for a change in land use district to designate the land described on Exhibit A as C-~7 or CON%~J ~. be (granted / ~) by the City Council. DATED this 6th day of 0ctober Chairman, Land Use and Development Commission Motion by : Commissioner Pete Ander$0~ , seconded by Commissioner H. Dee Sta]der , to adopt the foregoing Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Commission Member Vote Ronald Nelson Yes Robert Allen Yes Pete AndersOn Yes Myrna Cain Yes H. Dee Stalder Yes Thomas Nield Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - PAGE 3 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 (DcrC;~ ~- , 1983 , upon the application of 2]~¥ ~ (hereinafter referred to as."applicant") for a conditional use permit to on the real property located at ~'O/7- ~F.~LO~-~/~ 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. Ail legal requirements for notice of public hearing have been met. 3. The property in question is zoned ¢-~_ or ~%~L~ {~)NW~P~ClAL- pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as ~A4~f~l~£ 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 6. The existing neighboring land uses in the immediate area of this property are: To the north, to the south, P-~$1A~Omll%b /%--1,36 d,..DJ(At~,,%f-..~.~/,~.L (CU~4Sf. P--%'7~I~6); to the east, ~eO~b ; 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 8. Owners of adjacent property 4~e / have not ~ ..... a~ ..... u~ 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 will / will not be injurious to the neighvborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought a~i-t-t / will not produce an adverse impact on the economic values of adjacent properties. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 3. The permit sought w~ / 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 conditions now existing ~ / ~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 / A~--m~t been minimized by Applicant as much as is reasonably possible. 10. The requested conditional use perm~k~ if granted, should be maintained subject to ~ conditions set forth hereinafter. ~ DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should / s~ 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 DECISION - Page 3 3. The Conditional Use Permit requested by the Applicant is / ~ granted, subject to the foregoing conditions. DATED this 6th day of October , 198 3. LAND USE AND DEVELOPMENT COMMISSION Motion by Commissioner Robert Allen , seconded by COmmissioner Pete Anderson , to adopt the foregoing Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Commission Member Vote H. Dee Stalder Yes Myrna Cain Yes Pete Anderson Yes Robert Allen Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 4 Ronald Nelson Yes Thomas Nield Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 5 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 ~)~rO~- ~ , 198~ , upon the application of (hereinafter referred to as "applicant") for a conditional use permit to ~_ on the real property located at 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. Ail legal requirements for notice of public hearing have been met. 3. The property in question is zoned ~-~ or ~F~ ~ C~4mf~}~L pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as ~- '- .~L ;~3~0~'r~J~L 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 _%~c.r;O~ '7-~ ('¢.~ 0c ~ ~U~U(dC ~V~$~ 6. The existing neighboring land uses in the i~ediate area of this property are: To the north, to the south, to the east, to the west, A~ c oc TU~A c 7. The facts relevant to an evaluatioh, of the relevant criteria and standards are as folloWs: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 8. Owners of adjacent property ~m~v~-/ have not ~vp~"~ed ....... ~-~,,-~==__._, 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~,~&-l-1 / will not be injurious to the neighvborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought ~-f-t- / will not produce an adverse impact on the economic values of adjacent properties. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 3. The permit sought a,~]~t / 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 conditions now existing ~]~,~ / does not indicate that the permit should be denied. 5. The use for which the permit is sought ~s~]~ / 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 -~1=1- / 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 / ~ been minimized by Applicant as much as is reasonably possible. 10. The requested conditional use permit, if granted, should be maintained subject to the conditions set forth hereinafter. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should / s~s~l-~ 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 DECISION - Page 3 3. The Conditional Use Permit requested by the Applicant is / is not granted, subject to the foregoing conditions. DATED this 6th day of 0ctober , 1983 . LAND USE AND DEVELOPMENT COMMISSION fHAI~:~MAN ' Motion by Commissioner Ronald Nelson , seconded by Commissioner Myrna Cain , to adopt the foregoing Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Commission Member Vote Ronald Nelson Yes Robert Allen Yes Pete Anderson Yes Myrna Cain Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 4 H. Dee Stalder Yes Thomas Nield Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 5