Loading...
HomeMy WebLinkAbout009 06 79LAND USE & LAND DEVELOPMENT COMMISSION MINUTES September 6, 1979 Minutes of the regular meeting of the [and Use and Land Development Commission held in the city municipal building, September 6, 1979. Meeting called to order at 8:00 p.m. by Chairman Dee Stalder. Present: Chairman Stalder, Commission Members' Dwain Kinghorn, Becky Hopkins, Janet Williams, Dean Wood, Mike Metcalfe and Dell Peters. City Engineer, Steven Smart and Secretary, Dorothy Ward. Minutes of the regular meeting of the Land Use and Land Development Commission, held August 2, 1979, were read by the secretary. Chairman Stalder asked for any additions or corrections; there being none, ~like Metcalfe made motion to accept minUtes as read. Janet Williams seconded motion. All voted in favor. Chairman Stalder reviewed with the Commission a conversation he had with Attorney Burnett pertaining to conditional use request. He informed the Commission they must be careful in denial of a conditional use request. PUBLIC HEARING ITEM: A PROPOSAL BY JOSEPTH R. & JO ANN OSIER, 9551 Chadwick, Boise, Idaho, for a conditional use permit to develop a production dwelling court on approximately 13.80 acres on the Southeast corner of Hawthorne and Chubbuck Road. Property is presently located in an Agricultural Transitional (A-T) zone. John Alder, Norhtwest Engineering, and Mr. Osier presented the drawings of the project and outlined it's development to the Commission. Mr. Osier said he planned on moving to this area to manage the park and see to its development. He said a screening fence would be installed and landscaping would be required on all properties, with recreational vehicle parking to be provided. He said they would build a recreational area where dancing and parties could be held. The rules and regulations would be a part of the lease arrangement. He also stated that each lot would have to be fenced. Mr. Osier said it would be an adult park but not a retirement park, with about ninety spaces. Wayne Roderick, 4920 Hawthorne Road, said his father-in-law, Glen Mc Lain owns property on the corner of Hawthorne and Chubbuck Roads, 485 Chubbuck Road, presented a petition of 100 signatures opposing a mbile home ~ourt in this area and asked they be included with the business of the meeting. He said all residents in the area but three families had signed the petition. Jack Landon, 525 Bonanza, said the people he had talked to were behind the petition, that there were single family dwellings in the area and th~s is the type of development they would like to see go in on this property. Merlin Fullmer, 555 Bonanza, questioned why the Osier's would want to put this type of a development in a single family residential area. PUBLIC HEARING ITEM: JOSEPTH R. & JO ANN OSIER continued - Robert Allen, representing Pocatello, Idaho Chubbuck Stake of the Church of Jesus Christ of Latter Day Saints, said he had come on assignment from President Errol Phippen and was representing 1500 people attending the building at Chubbuck and Hawthorne. He said 5,000 people had donated to this building and they felt it was an attractive addition to the area and by the assignment he had been made, these people would oppose a mobile home park on the ground across from the church. He said mobile home courts tend to go down hill over the years and he questioned what would happen if the Osier's decided to sell after a short time. If new owners could be held to the commitment made by Mr. & Mrs. Osier. He said owners of property in the area should be considered and questioned the additional traffic this would create. Mr. Allen said he would like to go on record, for the people he represented, opposing the mobile home court. Mr. Osier said they had owned this ground for thirteen years and felt they to should have a right to develop their ground. Don Andra, 711 Victor, stated owners do have rights to develop but the people with established homes should be heard. Chairman Stalder said the Commission must have a legitimate reason for denial. Jack Landon, 525 Bonanza, said when a commercial enterprise had wanted to develop close to this area the city council had turned them down, because the people in the area had objected. Mr. Fullmer stated he would like to see this property develop in to a nice single family residential area. natural Mr. Roderick said the bounderies of the property indentify with residential rather than this type of commercial zoning. Julia Dye, 4702 Teton, asked how they are to know about public hearings on property when they are outside the 300 foot area. She was reminded to watch the legal ads in the Idaho State Journal. Commission Member Dwain Kinghorn reminded the people in attendance the Commission was working under the new ordinance for the first time tonite and there was many areas where they needed help. He said getting into practicalities they might need some legal advice: 1. What kind of control would city have over the park along with the covenants drawn up by the owner or with a future owner. 2. Need of further clarification of Page 43 of the Land Use Ordinance, #205, Section 6-7. Dwain Kinghorn made motion to table the public hearing request of Joseph R. and Jo Ann Osier, until the regular meeting of the Land Use & Land Development Commission, October 4, 1979, giving time to communicate with legal counsel and for the commission to get themselves more firmly grounded on what they can do. Becky Hopkins seconded the motion. All Commission members voted in favor. PUBLIC HEARING ITEM: A PROPOSAL BY FARRELL & SHARON POOLE, 190 E Griffith, owner; and the City of Chubbuck, 5160 Yellowstone, lease-holder, for a change of zoning to Gen~l'~i~Comm'er~i~l(C-2) and a ~onditional use permit for a Public Utility Yard on property located at Lot 13, Highway Acres Subdivision, 136 Hiway Ave. Property is presently zoned General Residential (R-2). Commission member Kinghorn stepped down from the Commission table on this item as he has property adjoining the property in the public hearing. City Engineer Smart said the city has agreement with the Farrell Poole's for purchase of this property and they had made the request jointly with the city. He said it was a lease purchase agreement, dated September 12, 1978. He said the city is in dire need of additional office space, they would like to ]~move the Police Offices to this house and use the lot as a storage area. Mike Metcalfe asked iy the parking area would be black topped. Mr. Smart told him this would only be a temporary arrangement and that slag would be used on the parking lot. Mr. Metcalfe said the zoning is residential now; but would conform with long range plans. Mr. Smart informed the commission the city had been making improvements on the house, getting it ready for occupancy. Mr. Smart said Mr. Poole would like, as a matter of record, for the Land Use & Land Development Commission to know he feels city has defaulted on lease purchase agreement and that his attorney would be contacting the city. Jerry Tydeman, 156 Hiway Ave., said he had no objections with some stipulations; he would like to see the driveway slagged and the Police Department cautioned about leaving their speakers on or testing the siren during the night time hours. He said he had no objection to the utility yard but did feel a screening fence should be installed. In event the city moved offices to another location he would like to see area rezoned to Residential. Dwain Kinghorn, 145 Hiway, said his property is across the steet, that he has mixed emotions about the police moving down in this area, especially with the radios, siren and lights. He said he has talked with Mr. Welch and Mrs. Long and they had expressed t~ objections to the police office or utility yard. He said he to felt a screening fence should be installed. Mike Metcalfe made motion this Commission to recommend to City Council, to approve the proposal by Farrell & Sharon Poole and the City of Chubbuck to rezone Lot 13 Highway Acres Subdivision to General Commercial (C-2) and approve a conditional use permit ot allow a public utility yard on the property, with the following conditions: a) Upgrade driveway with grading and slag cover. b) A screen fence be erected as buffer zone for the residentail property. Dean Wood seconded the motion. Voting was unanimous in favor. Dean Wood made motion to adjourn at 10:25 P.M. seconded by Janet Williams, Voting unanimous in favor. Dorothy L. Wa~Secretary Dee Stalder, Chairman Name of Applicant: Farrell- R. Oharnn Pnnl P _ CjiP of Chubbuck CITY OF CHUBBUCK q �0' vjq ACTION SUMMARY BY THE LAND USE AND DEVELOP ENT COMMISSION: A. Authority: To Recommend To Decide B. Action taken: Application approval Application denied �< Application approved on fol- lowing condition (s) : �i�r� 5 R ad e i, h --46d"' n� d I a C� o,-) )) f. e. tS ) C C-f-2't_t N vi, N G-2 ooz, - i --IQ i-- sa, n <- L The following ordinances and standards were used in evaluating the application: The applicant could take the following actions to obtain favorable action by the Commission: LAND USE AND DEVELOPMENT COMMISSION:' A By O Date Chairman Presiding 0 icer 4 A Al 1-4 L'r, �; c3 �� cd The above motion is taken for the following reasons: The applicant could take the following actions to obtain favorable action by the Commission: LAND USE AND DEVELOPMENT COMMISSION:' A By O Date Chairman Presiding 0 icer /'\ n CITY OF CHUBBUCK APPLICATION FOR A VARIANCE / CHANGE OF LAND USE DISTRICT / CONDITIONAL USE PERMIT UNDER LAND USE ORDI14ANCE 1. Name of applicant: Farrell & Sharon Poole City of Chubbuck Mailing address: 190 E. Griffeth Rd., Poc. 5160 Yellowstone Avenue Telephone number: 237-4786 237-2400 Chubbuck 2. This is an application for Change of Land Use District and concurrent Conditional Use Permit for a Public Utility Yard. 3. Filing fee of $20.00 plus $1.50 per lot or structure affected Was paid to the City Clerk on J. 19 Fees Paid by City Initials of Receipt No. City Clerk 4. Please attach a legal description of the property for which the exception is sought. Lot 13, Highway Acres Subdivision. 5. Site location: Lot 13, Highway Acres Subdivision 6. Existing land use district: General Residential (R-2) 7. Proposed variance / change in zoning / use: General Commercial (C-2) and Conditional Use Permit for a Public Utility Yard. 8. Please state why you are making this application. (If you contend that present land use regulations create a hardship or make development impossible, please explain.) Impossibility or undue private hardship caused by the present zoning of the property which justifies the exception (attach additional pages, if necessary) : The Chubbuck City Police Department contemplates using the house and garage as a Police Station. The Chubbuck Public Works Department also intends to use the vacant land around the house as an equipment storage yard. These uses are more applicable to the General Commercial Land Use District. 9. If you have alleged hardship above, please attach a signed statement setting forth facts which show that: n a) the hardship was not created or allowed to occur by N/A applicant, the owner or their agents b) the hardship was not known or foreseeable at the time when the lands or interests in them were acquired c) the hardship is serious, immediate and unavoidable d) alleviating the hardship will not create a ppssible present or future hardship for any other private party nor will it be contrary to the public interest 10. Please state why you believe this application is consistent with the City's comprehensive plan: The Comprehensive Plan intends that the future land use of Lot 13 is to be General Commercial. A Public Utility Yard is allowed by Conditional Use P rmit in the C-2Land Use'District. 11. The approval oto this exception does not sanction the violation of any city ordinance. 12. I attest to the truth and exactness of all information supplied on this application. I will develop or use the subject property as set forth herein. •- 1 J O, --4J a ignature ot e -holder _t r nature of applicant - owner