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