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HomeMy WebLinkAbout011 02 95LAND USE AND DEVELOPMENT MEETING November 2, 1995 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building November 2, 1995. Present: Chairman Kent Kearns, Commission members: Pete Anderson, Mary Harker, Dusty Whited, Myrna Cain; Council Representative Marvin Gunter; Attorney Toni Holmes; City Staff: Larry Kohntopp, Gerd Dixon and Steve Smart; Secretary Myrna Crapo. The meeting was called to order by Chairman Kent Kearns at 8:00 pm. Chairman Kearns asked for approval of the October 5, 1995 minutes. Chairman Kearns asked that on page 5 his name be added as voting yes for the motion. Pete Anderson made a motion to approve the corrected minutes with Myrna Cain seconding. All voted in favor. PUBLIC HEARING: I. AN APPLICATION BY K. BRETT & TAMMY HARRISON, 1750 BETH, POCATELLO, IDAHO, FOR A CONDITIONAL USE PERMIT FOR A MINI -STORAGE FACILITY WEST OF DENNY'S WRECKER, 4705 YELLOWSTONE and Colonial Apartments, 4710 Yellowstone. Property is presently zoned General Commercial (C-2). Chairman Kearns asked if any member of the commission had a conflict of interest. There was none. n Tammy Harrison, 4719 Yellowstone, talked about the access to the property. They will be keeping the present apartments and remodel them. Some of the storage units may be used for RV storage. Pete Anderson discussed that 16' won't be long enough to have RV storage. The proposed storage unit drawing that was presented to the Land Use Commission by the applicant was the original drawing from Mr. McComber's request. The commission discussed: 1. If there was enough room to put up a sign on Yellowstone 2. Interior lighting and access time, They would have definite hours to be opened and they would comply to the lighting requirements. 3. Easement is 25'. 4. They will not be building the units all at once. 5. Sewer easement has not been checked out by the city yet. Chairman Kearns opened the public hearing and asked for public testimony in opposition to the conditional use permit, there was none. Chairman Kearns then asked for public testimony in support of the conditional use permit, there was none. Chairman Kearns then closed the public hearing portion and opened the meeting for discussion and a motion by the commission. n Land Use and Development Commission Page 2 November 2, 1995 The commission discussed: 1. They would like to see access from Linden. 2. Landscaping needed. They will leave this for the design review committee. 3. Lighting that is needed. 4. Screening fence needed. 5. Taking traffic off of Yellowstone. 6. RV storage not being allowed. 7. Not feasible to exchange easements for the one in Yellowstone and the one on East Linden. 8. The mini -storage requirement had changed since the original application. Brett Harrison, 1750 Beth explained that there are a number of options with the easements. There is a storage house on Yellowstone that will be torn down and that would make enough space for the easement. The road from Yellowstone would provide better control of those going in and out. They contacted Denny before he left for vacation and felt something could be worked out for both of them. Marvin Gunter moved that we grant a conditional use permit for mini storage west of Denny Wrecker providing they meet all the requirements of our ordinances. Myrna Cain Seconded. Roll call vote Myrna Cain, yes; Marvin Gunter, yes; Pete Anderson, yes; Kent Kearns, no; Mary Harker, yes; Dusty Al—S, Whited, yes. 2. AN APPLICATION BY JAY CHRISTENSEN, 15170 W. LACEY ROAD, POCATELLO, IDAHO FOR REVIEW OF A PRELIMINARY PLAT FOR HILINE ACRES SUBDIVISION. A subdivision located on the SE corner of Siphon Road and Hiline. Gerd Dixon discussed the revised staff report. Mr. Christensen wants to provide a community well and septic system. The property can't be annexed because it is not contiguous with the city. There is no conflict with the comprehensive plan. Access to the driveways will be on Siphon and Hiline which are major arterial. One driveway is close to the intersection. The lots may exceed the aspect ratio. They needed to put restriction on the plat that the lots could not be subdivided. The driveway would need to be a pull out drive way and not a back out driveway. The commission discussed: 1. Aspect ratio on these lots. 2. Whether to allow an aspect ratio out of the standard 3. Limiting the number of lots. 4. The need to limit access as much as we possible can onto the major arterial. Land Use and Development Commission n Page 3 November 2, 1995 Jay Christiansen, 15170 W. Lacey Road told the commission he had given this plat a lot of thought. Bannock County would like a deed restriction prohibiting any subdivision of these lots. The access to their pasture would have to be other than Siphon Road. The driveway on Whitaker Road would be a turn around road. Any building would be set far enough back from the road that it would not interfere with the easement and make it a problem. The plat calls for an utility easement. Mr. Christensen would like to access the city for water from Whitaker Road but hooking onto the city sewer is cost prohibitive. Restrictive covenants would show a sewer line coming out the side of the property for use in the future if city services would become available. Commission discussed: 1. Fire department response was not addressed. 2. Accessing the property from the back and not from Hiline and Siphon. 3. Property is not wide enough for a road and home on both sides of the road. 4. Having a narrowed street with no parking on the street. 5. Using a PUD 6. Being a county development. 7. The staff would prefer a smaller street running along the inside of the property, so the property is accessible from the inside. n 8. Having a high density development. 9. 6" main for fire protection. 10. Soccer players parents using the street to watch their kids play. 11. Working with the developer to be creative on the use of the land Chairman Kearns opened the meeting for public testimony. Pete Anderson moved to table the request until our next meeting to allow the developer and the city time to look at some innovative ways of coming up with a better design. Mary Harker seconded the motion. All voted in favor. Burlin Ashton, 5369 Whitaker, wondered about septic system requirements on multiple units. Chairman Kearns closed the public hearing at 9:15 pm. Kent Ke ra ns, Chairman Myrna CQapo, Secretary CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION This matter having come before the Commission for public hearing pursuant to public notice as required by law, on November 2, 1995, upon the application of K. Brett and Tammy Harrison (hereinafter referred to as "Applicant") for a conditional use permit for a mini -storage facility west of Denny's Wrecker and the Colonial Apartments on the real property located at 4705 and 4710 Yellowstone 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. All legal requirements for notice of public hearing have been met. n 3. The property in question is zoned C-2 General Commercial pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as G-2 General Commercial 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 Idaho Code section 67-6512 and in Chubbuck Code section 18.28.040 (C). 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Applicant will keep the Colonial Apartments and remodel them. B. Applicant presented an old plan for such storage units, which plan is not in compliance with the current ordinances. C. Applicant proposes to access the property from Yellowstone. D. Applicant will need to redraw the plan for the units to reflect the requirements of current ordinances. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck12.056 � LA 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 not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought will not produce an adverse impact on the economic values of adjacent properties. 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 conditions now existing does not 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 natures 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 been minimized by Applicant as much as is reasonably possible. 8. Owners of adjacent property have not expressed approval or disapproval of the issuance of the requested conditional use permit. 9. The requested conditional use permit, if granted, should be maintained subject to the conditions set forth below. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should be approved. 2. The following conditions, if any, are hereby 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 2 du chbbckl2.056 E, 10 -IN Applicant must be in compliance with the applicable ordinances. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. 4. Takings. Pursuant to Idaho Code S 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: A. This Action does not result in a permanent or temporary physical occupation of private property. B. This Action does not require the property owner to dedicate a portion of the property or to grant an easement. C. This Action does not deprive the owner of the property of all viable uses of the property. D. This Action does not have a significant impact on the landowner's economic interest. E. This Action does not deny a fundamental attribute of ownership. F. This Action does not serve the same purpose that would be served by directly prohibiting the use or action; nor does the condition imposed substantially advance such purpose. DATED this -% Y da of 1.� , 199* i11ia�T� LAND USE AND DEVELOPMENT COMMISSION BY:S �r------- ChaTrman FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbckl2.056