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HomeMy WebLinkAbout00000369 CITY OF TWIN FALLS, IDAHO APPLICATION for SPECIAL USE PERMIT Date of Application: - 2-1-83 Application No. : 3 0" Approved as to Form (Staff) l�� Fee: ��� O A. Applicant: 1. Name: D D. Ed s Signatur Address: Route 1 win Falls, Idaho 83301. Telephone No. : 734-3708 2. Contact Person (if other than above) : Don Edwards Address: 1631 Elizabeth Blvd. Twin Falls, Idaho. Telephone No. : 733-2670 B. Request: 1. That a Special Use Permit be granted for the real property located at (street address): Section 7, Twn. ll, Range 17 and legally described as: See Attachment A for the proposed use of: See Attachment B 2. Present use of property: Residence and farming 3. Existing Zoning District: P C. Conformance with Comprehensive Plan: The request is in conformance with the Comprehensive Plan of the City of Twin Falls, Idaho? yes , no If "no" explain: A .request for Comprehensive Plan Amendment is required for requests not in conformance with the Comprehensive Plan. D. The Applicant Shall Submit the Following Additional Information: 1. The applicant must prove ..control of the property for which the request is being made by providing one of the following: ' a. Copy of deed See Attachment A . b. Copy of Earnest Money Agreement or Contract of Sale duly acknowledged by both buyer and seller. c. Copy of lease agreement and owner's written consent. 2. A list of names and addresses of all property owners and residents within three hundred (300) feet of the perimeter of the subject property. See Attachment D 3. A plan to scale of the proposed site for the Special Use showing lot dimensions, location of all, buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaped areas; refuse and service areas, utilities, signs, setbacks, fences, etc. 4. A written statement containing: a. The reason for the request. See Attachment C b. An explanation of the project including hours of operation, traffic anticipated, number of employees, etc. C. An evaluation of the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; together with a discussion of the general compatibility with 'adjacent and other properties in the district. OFFICIAL USE ONLY: Commission Hearing: Publish Hearing Council Hearing on Appeal : Publish �S Hearing `s COMMISSION ACTION Date: 2kAdj ir j Motion: r Conditions: By: � 2nd by: Vote: yes no: Testimony given by: ADDITIONAL COMMENTS BY ZONING OFFICIAL ol 01 r y y / CITY COUNCIL ACTION Date: ��� Motion: r Conditions: ' By: 2nd by:- Vote: yes , no ZZ Testimony given by: NOTICE OF APPEAL TEE COMMISSION'S ACTION IS HEREBY APPEALED TO THE CITY COUNCIL THIS DAY OF 1983_. SIG 0A L G -3-: x A 771 4 1 UA iJ A 4- M -4, Y-4C - Z f I., 4 m F rZ .-17 - - Z4 ) 7 tv 1r, f . ty 141 1 k — , -7 7 -A, W L JR VM L. XDW lire d W A. aw ow zip DANY D. EWUIDB On L33" MARM Rusband a nd Wife 77 40 7�' asilad the UnUt@*. 60 11OWWlitig dimang"pg�atijaap to-wit: Sam"in TV&raft LIT CTI I'OwMhlP U 301111th, Range IT Z"t at the got me MrIdLian, To" Jt F&I's ftwity. Idaho, V 4, -It 3`041011 71 A pwool land lopated in the lain IMF* .7soltlOally described as fono"S V I'*L It"he comer at a4ation f7al—W007 Worth 89* 47, oom west 759.90 ftist alo t? the real the ft-th Dint or Vtier r Ming. Ths A 811101�lktb OD- 461. 151. Bast W5.00 f*O%S Mann W, mor,&A ago tt� 00: West 541.00 het; tja �I West R25.00 foot to the Nartb"at Ij. m&9t 2f S*GtI0n 7; tbanae Gorner or 89* 47, OD ftst 541-00 f4ft to WN mal point zz road right at MY. lj��nrffi-� ALSO EXCH" Right of W&y over and across the West 2 ' feet of the above Jescrlb*,i property. 0 R 4, 'A- v, fj ;, I TO"AV K AND V)IK". uw"4 prm*w wfth apparteaww"Untm*0 MW Crastft Ar to Ow Crant—'s livirs mW m&.tlp4 fm-vpr. 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SPECIAL USE PERMIT - COMMISSION HEARING NOTICE OF PUBLIC HEARING Notice is hereby given by the Planning and Zoning Commis- sion for the City of Twin Falls, Idaho, that a Public Hearing will be held at the hour of 7 :30 o'clock, P .M. , on the 8th day of March , 19 83, a Tuesday, in the Council Chambers, City Hall, .located at 321 Second Avenue East, Twin Falls, Idaho, upon the application of Danny D. Edwards for a SPECIAL USE PERMIT in order that the applicant may place a .mobile home on property within the a ,rport zoning district on a temporary basis for- a di ect fimiij- ember who wishes to live. near on property located on Twin Falls County Road 3400 between 2700 and 2800 East , and legally described as: See Insert 1 Any and all persons desiring to comment may appear and be heard at the appointed time and place. The decision of the.*Commission shall be final unless Within fifteen days ;of the Commissions action an appeal is filed with the City Council . On Appeal, a Public Hearing will be scheduled before the City Council_ . DATED THIS 8th day of February , -19 83. /s/ Jack Q. Miller ` . CHAIRMAN PUBLISH: February 17, ' 1983 / � � �� �, �, �� 0 .� 0 .� �� � a "� Oq �` 3 � � � �4��,3,� �� I � � � � � � - . ��� rig ': � � ��� � _ ' �- --� I 1S � c 1". = l I ��; r - .. � .�------ �� 1r�1 T f � r��t �� � r-L _ , z � � .,._.. � .-. -- - --� E 0 0� I �' 0 �' � �' 0 w 0 ZONING TITLE Ai•'IENDME'. COMMISSION HEARING NOTICE OF PUBLIC HEARING Notice is hereby given by the Planning and Zoning Commis- sion for the City of Twin Falls, Idaho, that a' Public Hearing will be held at .the hour of 7 :30 o'clock, P .M on the '8th .,. '-day of -March , 1,983 , a Tuesday, in the Council Cham- bers, City Hall, Located at 321 Second• Avenue East, Twin' Falls, Idaho, upon the application of Danny D. Edwards for a ZONING TITLE AMENDINIENT that would amend the City .Zoning Ordinance by: Allowing' mobile homes to be placed in the °airport zoning district on a temporary basis for direct family members who wish to live near 'their rela- tive's. either parents of- the children or children of the parents. !� Any and all persons desiring to comment may appear and be heard at the appointed t1.me and place. The Commission shall make its recommendations known '.to the City Council within sixty (60) days of the Commission Hearing. The City Council will hold a Public Hearing on the same request pursuant ta= later notice. DATED THIS 8th day of February ,19 83 JI t /s/ Jack 0. Miller CHAIRMAN PUBLISH: February 17 , 1983 ..� ..4 vi M. 1. i, F,.. r. "' ! VY ji', .21ir,.i1,+ SPECIAL USE PERMIT COMMISSION HEARING NOTICE OF PUBLIC HEARING Notice is hereby given by the Planning and Zoning 'Co sion for the City of Twin Falls, Idaho, that a Public Hearing ; will be held at the hour of 7:30 o'clock' ,- P .M. , on the 8th day of March 19_83., a Tuesday, in the Council Chambers, City Hall, .located at 321 Second Avenue East, Twin Falls, Idahq, upon the application of Danny D. Edwards for a SPECIAL USE PERMIT in „order that the applicant may place a : .mobile home on property within the airport zoning district on a temporary basis for a direct family member who wishes t ' live near relatives on property located on Twin Falls County Road 3400 between 2700 and 2800 East , and legally described as: See Insert 1 Any and all persons desiring to comment may appear and be heard at the appointed time and place The decision of the 'Commission shall be final unless within fifteen days of the Commissions action an appeal is filed with the City Council: On Appeal, a Public Hearing will be scheduled before the City Council_ DATED THIS 8th day of February , ,19 83. /s/ Jack Q. Miller , CHAIRMAN PUBLISH: February 17 , 1983 � r�r INSERT 1 Township 11 South, Range .l7.;;.Eas•t of the Boise Meridian, Twin Falls''County, Idaho, Section 7 : • A parcel of land located in the NEWEh, more specifically described as follows : Beginning at the Northeast corner of Section 7, thence North 89047100" West 759.90 feet along the North boundary of Section 7 to the real point of- beginning. Thence South 00046151" East 225.00 feet; thence North 89047100" West 541.00 feet; thence North 00°46151" West 225.00 feet to the Northwest corner of the NEhNEh of Section 7; thence South 89047 '00"East 541.00 feet to the real point of beginning,, ` EXCEPT road right-of-way; also EXCEPT a right-of-way over and across the West 20 feet of the above-described property. AND Township 11 South, Range 17 East of the Boise Meridian, Twin Falls County, Idaho, Section 7: A parcel of land located in the NEkNE34- of Section 7, more specifically described as follows: Begin- ning at the Northeast corner of Section 7; thence North 89*47100" West, 1300.90 feet to the Northwest corner or---the NEkNE'U,. Section 7; thence South 00°46 '51" East, 225.00 feet to the real point of ' ning; thence South 89047 ' 00" East, 541.00 feet; -thence South 00046151" East, 694.99 feet; thence North 67*48124" West, 77 .98 feet,:; thence North 70038133" West, 275.00 feet; thence North 81050 '12" West, 213.70 feet; thence North 0004615111 West, 546.30 feet to the real point of beginning. /s/ Jack Q. Miller - / CHAIR AN 1 PUBLISH: February 17 , 1983 1 INSERT .:1 Township 11 South, Range 17 East of the Boise Meridian,. Twin Falls County, Idaho Section 7: • A parcel of land located in the NEhNEh, more specifically described as follows: Beginning. at the Northeast corner• of Section 7, thence North 89047100" West 759.90 feet .along the North boundary of Section 7 to the real point of beginning. Thence_ South 00*46•151" East 225.00 feet; thence North 89*47100" . West 541.00 feet; thence North 00046151" West 225.00 feet to 'the Northwest corner of the NEhNEk of Section 7; thence South 89047100" East 541.00 feet to 'the real point of beginning, EXCEPT.road right-of-way; -also EXCEPT a right-of-way over and across the West 20 feet- of the above-described property. AND Township 11 South, Range 17 East of the Boise Meridian, Twin Falls County, Idaho, Section 7: A Parcel of land •located in the NEhNEk of Section 7, more specifically •described as follows: Begin- ning at the Northeast corner of Section 7; thence North 89047100" West, 1300.90 feet to the Northwest corner of the NE-NE'k,. Section 7; thence South 00046151" East, 225.00 feet. to the• real point of beginning; thence South 89047 /00/1 East, 541.00 feet; *•thence South 00046151" East, 694.99 feet; .thence North 67*48124" West, 77.98 feet; thence North 70038133" West, 275.00 feet; thence North 81050'12" West, 213.70 feet;`--thence North 00046151" West, 546.30 feet ,to :,the real point of beginning. SPECIAL USE PERMIT COMMISSION HEARING NOTICE OF PUBLIC HEARING Notice is hereby given by the Planning and Zoning Commis- Sion for the. City of Twin Falls, Idaho, that a Public Hearing will be held at the hour of 7 :30 o'clock, P .M. , on the 26th day of April 1983 , a Tuesday, in the Council 'Chambers, City Hall, located at 321 Second Avenue East, Twin Falls, Idaho, upon the. application of Danny D. Edwards for a SPECIAL USE PERMIT. in order that the applicant- mar Flace a mobile home on property within the airport zoning di,gEr.E'dt on A temporary basis for his parents who. wish 'to live on his property which is x=F located on Twin Falls County Road 3400 between 2700 - and 2800 East and legally described as See.._Znsex't Any and ,all persons desiring to comment may, appear and be heard at the appointed time and place. The decision of the Commission shall- be final unless within fifteen days .of the Commissions action an appeal is . :filed with the City Council. On Appeal, a Public Hearing will be scheduled before the City Council. DATED THIS 7th day of April , 1983 . r s/- JacR.,Q, Miller.. CHAIRMAN . 1.2 PUBLISH: April •3t and 14 , 1983 ATTACHMENT C 4a. The reason for this request is to allow immediate family members to care for one another by living close to each other on the same property. I believe this to be a sound principle and feel it would remove much of the burden from society, if homegenous family units were allowed to care for one another in this manner. Furthermore, in my own particular case, I feel-I was misled by the Twin Falls County. Several years prior to the City take over of the subject area, I made arrangements with the County to split off several parcels on the front portion of my property. They signed this proposal and filed it and said that was all I needed. However, when I actually went to them last year to split this property, they not only could not find the signed papers, but informed me we are now in the City Impact Area. It is with these facts that I earnestly request your approval of a special use permit, that will enable my father to move his mobile home on my property. We do agree to move the trailer from this property within six months from the time we no longer need it. This will allow us time to relocate or sell the mobile home. 4b. Residence and farming. No changes. 4c. This home will not in any way hinder, deprive, or refuse enjoyment to any of the neighboring properties. ZONING ACTION SHEET Date: Applicant: Type of Zoning Request: Annexation %/ Rezone / Special Use %/ Variance Non-conforming Building Expansion Permit %/ Plat Vacation /_/ Zoning Title Amendment %/ Comprehensive Plan Amendment I voted for / / against %/ this Zoning Request for the trfollowing reason (s) : Regulations and standards used in evaluating the applications : The Applicant could do the following to receive my favorable vote: atj Jh ZONING ACTION SHEET Date: .Applicant: Type of Zoning Request: Annexation % / Rezone %/ Special Use %/ Variance Non-conforming Building Expansion Permit %/ Plat Vacation / / Zoning Title Amendment %/ Comprehensive Plan Amendment <I voted for / against %/ this Zoning Request for the -following reason (s) : Regulations and standards used in evaluating the applications : The Applicant could do the following to receive my favorable vote : �K Signature 7h ZONING ACTION SHEET Date: �- ZZ Applicant: oa�q Type of Zoning Request: Annexation %/ Rezone /!—/'Special Use %/ variance Non-conforming Building Expansion Permit %/ Plat vacation /_/ Zoning Title Amendment %/ Comprehensive Plan Amendment I voted for %/ against / this Zoning Request for the following reason (s) Regulations and standards used in evaluating the applications : C - /a- K 43J , /!7 -'S�i3. 3 �4 ( /4, i 3 -.z 2- . The Applicant could do the following to receive my favorable vote : D Signature ]h ZONING ACTION SHEET Date: Applicant: Type of Zoning Requ st: %/.Annexation %/ Rezone /Special Use %/ Variance Non-conforming Building Expansion Permit %/ Plat Vacation /_/ Zoning Title Amendment %/ Comprehensive Plan Amendment I voted for %/ against / this Zoning Request for the following reason (s) : 71 Regulations and standards used in evaluating the applications : The Applicant could do the following to receive my favorable vote: Signature Jh ZONING ACTION SHEET Date: Applicant: Type of Zoning Request: Annexation %/ Rezone Special Use / / variance / Non-conforming Building Expansion Permit %/ Plat vacation / / Zoning Title Amendment %/ Comprehensive Plan Amendment I voted for %/ against LIITZr this Zoning Request for the following reason (s) : Regulations and standards used in evaluating the applications. , The Applicant could do the following to receive my favorable vote : f Jgj--6j�z- Sign-at Jh ZONING ACTION SHEET Date: o? Applicant: � Type of Zoning Request: Annexation %/ Rezone / Special Use %/ Variance Non-conforming Building Expansion Permit %/ Plat vacation / / Zoning Title Amendment %/ Comprehensive Plan Amendment I voted for against X this Zoning Request for the following reason (s) : c— VI w Regulations and standards used in evaluating the applications : The Applicant could do the following to receive my favorable vote: ign ure 7h ZONING ACTION SHEET Date: Applicant: Type of Zoning Reques : Annexation %/ Rezone /' Special Use %/ variance / Non-conforming Building Expansion Permit %/ Plat vacation %/ Zoning Title Amendment %/ Comprehensive Plan Amendment I voted for /_/ against this Zoning Request for the following reason (s) : 1 Regulations and standards used in evaluating the- applications: AO 4 /3 -2 V ,C ..The Applicant could do the following to receive my favorable vote : gnature Jh ZONING ACTION SHEET bate: Applicant: �d.Jr�( Type of Zoning Request: Annexation /_/ Rezone /S;V-ISpecial Use %/ Variance Non-conforming Building Expansion Permit %/ Plat Vacation / / Zoning Title Amendment %/ Comprehensive Plan Amendment I voted for /_/ against this Zoning Request for ' the following reason (s) : jj6jr 1N -riAg I L&T I&jrEp Y ivy a t ne On-t - co U nl rY �iCd j►J G2sASC;— 11 0 TDSA/.S/ 'r!e de ?%!E AIZPOf_T ZoN9' Regulations and standards used in evaluating the applications : to 4- -! ,2 The Applicant could do the following to receive my favorable vote: k gnature Jh ZONING ACTION SHEET Date: --zio d Applicant: /7Z!t4 U I 7`d V Type of Zoning Request: Annexation %/ Rezone %/ Special Use %/ variance Non-conforming Building Expansion Permit %/ Plat vacation / / Zoning Title Amendment %_/ Comprehensive Plan Amendment I voted for against %/ this Zoning Request for the following reasons) : _09 0 &!CT 79E 7 ZQ^4L Regulations and standards used in evaluating the applications: VM P12e 11� /2 , >c ; The Applicant could do the following to receive my favorable vote:V C, M IYAI,l F s Signat e 7h ZONING ACTION SHEET Date: Z Applicant: , 41W Type of Zoning Request: Annexation / / Rezone / Special Use / / Variance Non-conforming Building Expansion Permit /_/ Plat Vacation / / Zoning Title Amendment %/ Comprehensive Plan Amendment I voted for /_/ against this Zoning Request for the following reason (s) : 01 ' el egulations and standards used in evaluating the applications : Y& r The Applicant cou d do the ollowing to receive my favorable voter , ±LA i 1 k jh tl 1 ��.� � �� ` � � �� � r� � I j a a i 1 I 1 i I 1 I i t 4 ' I 1 1 i 1 i j t ZONING ACTION SHEET Date: Vrill 26)L jq9,3 Applicant: �Cln^vt ��Vy" Type of Zoning Request: Annexation /_/ Rezone / / Special Use /_/ variance Non-conforming Building Expansion Permit %/ Plat vacation / / Zoning Title Amendment %/ Comprehensive Plan Amendment I voted for %/ against / / this Zoning Request for the following reason (s) : Regulations and standards used in evaluating the applications: ye-e-I n, �. 1 rP�lr P� c,c� i✓` w / � �e .c-t.cb��1,Y� The Applicant could do the following to receive my favorable vote : m db!G o Signs re jh 9 SPECIAL USE PERMIT COMMISSION HEARING NOTICE OF PUBLIC HEARING Notice is hereby given by the Planning and Zoning Commis- sion for the City of Twin Falls, Idaho, that a Public Hearing will be held at the hour of 7 :30 o'clock, P .M. , on the 26th day of April 1983 , a Tuesday, in the Council Chambers, City.'Hall, located at 321 Second Avenue East, Twin Falls, Idaho, upon the. application of Danny D, Edwards for a _SPECIAL USE PERMIT. in •order that the applicant• may place a mobile home• on property within the airport zon=g di,!�; roc on A temporary basis for hiS parents who. wish to live on h .s property' which -islocated on Twin Falls County Road 340L0 betwedn 2700 and 2800 East and legally described as: - - -- -- . .. . . . - •.-- - See �Insert 1 . .. . . . . .. - - ___ . - - ... . ....... -_ ..- ---. - • Any and ;all persons desiring to comment may appear and be heard at the appointed time and place. The decision of the Commission shall- be final unless within fifteen days -of the Commissions action an appeal is . :filed with the City Council. On Appeal, a Public Hearing will be scheduled before the City Council. DATED THIS* '71h day of April , 1983 /s/ Jack_ Q, Miller. CHAIRMAN PUBLISH: April -k3' and 14, 1983 SPECIAL USE PERMIT ' COUNCIL HEARING ON APPEAL NOTICE OF PUBLIC HEARING Notice is hereby given by the City Council for the City of Twin Falls, Idaho, 1-1-4zt a Public Hearing will be held at the hour of 7 :00 o'clock, P .M., on the 5th day of June- , 19 83 , in the Council Chambers, •City Hall, located at 321 Second Avenue East, Twin Falls, Idaho, upon the APPEAL of Danny D. Edwards from the decision of the Planning and Zoning Cormiiss_on for the City of Twin Falls, Idaho, denying the application of Danny D. Edwards for a SPECIAL USE PER•1IT whic:. would allow the above named aoolicant to place a mobile home on property within the airport zoning district on a temporary basis for nis parents w o wish to live on hi - property whic;i is located on Twin Falls County Road 3400 between 2700 and 2800 East , and legally described as: See Insert 1 Any and all persons desiring to comment may appear - and be . heard at the anaoin=ed time and place. The decision of the Council will be final. DATED THIS 4th day of May , 19 83 _ 1s/ Chris Talkington .IAYOR PUBLISH : May 19, 1983 • INSERT.], Township 11 South, Range 17 East of the Boise Meridian, Twin Falls County, Idaho Section 7: ' A parcel of land located in the NE'4NE4, more . .Specifically described as follows: Beginning at the Northeast corner•of Section 78 thence North 89047100" West 759.90 feet .along the North boundary of Section 7 to the real point of beginning. 'Thence. . • South 00046-151" East 225.00 feet; thence North 89°47100". West 541.00 feet; thence North 00046951" West 225.00 feet to -the Northwest corner of the NE4NE4 of Section 7; thence South 89*47100" East 541.00 feet to *the real point of beginning, _ EXCEPT.road right-of-way; -also EXCEPT a right-of-way over and across the West 20 feet- of the above-described property. AND Township 11 South, .Range 17 East of the Boise Meridian, Twin Falls County, Idaho, Section 7: •A Varcel of land 'located in the NE4NE4 of Section 7, more specifically *described as follows: Begin- ning at the Northeast corner of Section 7; thence North 89*47100" West, 1300.90 feet to the Northwest corner of ::he NE4NE4,. Section 7; thence South 00046 /511/ East, �25.00 feet.to the- real point of beginning; thence . South .89°47 '00" East, 541.00 feet;-thence South 00046151" East, 694.99 feet; •thence North 67048124" West, 77.98 feet; thence North 70*38133" West, 275.00 feet; thence North 81*50 '12" West, 213.70 feet;' .thence North 000461151" West, 546.36 feet ,to :•the real point of beginning. /[+ AFFIDAVIT OF MAILING FOR COMMISSION HEARING STATE OF IDAHO ) ss. COUNTY OF TWIN FALLS ) Q COMES NOW, , the applicant herein, and of pers nal k owledge, on oath, deposes and states: That he did serve those persons listed on- the at- tached list entitled "Persons Entitled to Notice of Hearing" , a true and correct copy of the attached "Notice of Haring" before th Planning and Zoning Commission on the Y, day of 19 by United States mail, postage prepaid, and addressed to said persons at the addresses given. DATED THIS _&day of , 19 4-. ` *swornt t � . Subscribed andre me this day of 19 Notary Public AFFIDAVIT_OF FOR COUNCIL HEARING` STATE OF IDAHO ) ss. COUNTY OF TWIN FALLS . COMES NOW, the appli- cant herein, and of perso7 knowledge, on oath, deposes and states : That he did serve those persons listed on the attached list entitled "Persons Entitled to Notice of Hearing" , a true and correct copy of the attached "Notice of Hearing" before the City Council on the day of , 101,r3, by United States mail, postage prepaid and addresses to said persons at the addresses given. DATED THIS d o , " ppl Subscribed and sworn / efore b me, this day of May 19 83 , D4oPublic. r SPECIAL USE PER`3IT COUNCIL HEARING ON APPEAL NOTICE OF 'PUBLIC HEARING ON 2"_PPE.sh Notice .is hereby given by the City Council for the City of Twin Falls, Idaho, _::at a Public Hearing will be held at the -hour of 7 :00 o'clock, P .M. , on the 'nth day of June- , 19 83 , in the Council Chambers, City Hall, located at 321 Second Avenue East, Twin Falls, Idaho, upon the APPEAL of Danny D.. Edwards from the decision of the Planning and Zoning Conv-►iss_on for the City of Twin Falls, Idaho, denying the application of Dann D. Edwards for a SPECIAL USE PERMIT which- xould allow the above named aaolicant to place a mobile home on property within the airport zoning district on a temporary basps for his parents who wis to live can his t' property which is located on Twin Falls County-.Road 3400 between 2700. and 2800 East , and. legally described as: See Insert 1 Any and all persons desiring to comment may appear - and be heard at the appointed time and place. The decision of the Council will be final . DATED THIS 4th day of May , 19 83 /s/ Chris Tal_kinaton MAYOR PUBLISH: May 19 , 1983 • INSERT :1 Township 11 South, Range 17 East of the Boise Meridian Twi County, Idaho, •. n Fajls • - Section 7: . • . 'A parcel of land located in the NEIANE14 more specifically described as follows: Beginning at the Northeast corner-of Section 7, thence North 89047.00" West 759.90 feet .along the North boundary of . Section 7 to the real point of beginning. 'Thence South 00046451" East 225.00 feet; thence � ' .,_North 89047200" West 541.00 feet; thence North 00*46151" West 225.00 feet to 'the Northwest corner of the NEhNEh of Section 7; thence ' South 89*47100" East 541.00 feet to 'the real point of beginning, EXCEPT.road right-of-way; -also EXCEPT a right-of--way over and across the West 20 feet- of the above-described property. AND Township 11 South, •Range 17 East of the Boise mer;.dian, Twin Falls County, Idaho, Section 7: A parcel of land 'located in the NE4NE4 of Section 7, more specifically described as follows: Begin- ning at the Northeast corner of Section 7; thence North 89*47100" West, 1300.90 feet to the Northwest corner of "the NE 4NE 4,. Section 7; thence South 00°46 '51" East, :�25.00 feet. to the- real point of beginning; thence South 8904710011 East, 541.00 feet; -thence South 00046151" East, 694.99 feet; .thence North 67048124"' West, 77.98 feet; thence North. 70*38 '33" West, 275.00 feet; thence North 81*50 '12" West, 213.70 feet;'-thence North 00'0461151" West, 546.30 feet ,to :•the real point of beginning. -ti ATTACHMENT 0 1. Lex Heyer Route 1 Twin Falls, Idaho 83301 2. John F. Grisez % Valley Bean and Grain Box 116 Murtaugh, Idaho 83344 3. C. R. Haskins Route 1 Twin Falls, Idaho 83301 4. Herbert 0. Bamesberger Route 1 Twin Falls, Idaho 83301 STAFF REPORT OF ZONING REQUEST 1. Applicant: Danny D. Edwards Address: Route #1 Twin Falls, Idaho 83301 A Special Use Permit to temporarily place a mobile home on Mr. Eawards 2. Request: property in the AP Zoning District. Explanation: Mr. Edwards ownsapproximate1X10 acres on 3400 North road between 2700 East and 2800 East road in the Airport Zoning Distri.c�Ne wishes to have his parents live near him on .the property and wishes to move in a mobile home for that purpose. The mobile home would be removed when his parents no longer live there. See attached site plan and narrative. 3. Findings of Fact: a. Existing Land use• Residential , -Agricultural & Airport b. Comprehensive Plan Designation: Airport C. Comprehensive Plan goals and policies which. relate to this - application: Transportation - Goal &. Air Service w Policies 1,2, &.3 (pp: 10 & 12) Housing - Goal & Policies 1 & 9 pp. .14 & 15 d. Existing Zoning District: AP e. The following zoning code sections specificially apply to this request: . 10-4-13. 1, .2(A) & (B), 10-4-13.3 (A) 1 10-13-2.2 esp. (D) & (B) f. Alternative uses and densities allowed by the Zoning Ordinance: 10-4-13.2 (A) & (B) g. . Impact on public services: Area of Impact - Additional County fire and police service required. h. . Impact on streets and other City facilities: Increased traffic and an additional traffic approach on 3400 N. Road. i. Steps which could be taken to mitigate adverse impacts : Require the supplemental housing to be behind and .on -the' same property as the main fesi ence. Specifical y identity the planned resi en. s and He terms o a j . Legal advertisement has taken place for the Conunission hearing on Feb 17, 1983 Apr Vhll r_"411ss18A heard the request and recommended by a vote of to The Commission recommendation was made for the following reasons : k. Legal advertisement has taken place for the Council hearing on 4 . Additional staff comments: Attached is .a 'copy of the ordinance passed ,by,.. . the City Council . AFFIDAVIT OF MAILING FOR COMMISSION HEARING STATE OF IDAHO ) ss. COUNTY OF TWIN FALLS ) COMES NOW, the applicant herein, and pers nal knowledge, on oath, - deposes and states : That he did serve those persons . listed on the at- tached list entitled "Persons Entitled to Notice of Hearing" , a true and correct copy of the attached "Notice of Hearing" be re_ e Planningand Zoning Commission on the o _day of , 19 , by United States mail, postage prepaid, a addressed to said persons at the addresses given. DATED THIS day of , 19 plicant 000000,,;� Subscribed and sworn to before me this • day of 19 �3 Notary Public AFFIDAVIT OF MAILING FOR COUNCIL HEARING STATE OF IDAHO ) ss. .COUNTY OF TWIN FALLS ) COMES NOW, , the appli- cant herein, and of personal knowledge, on oath, .deposes and states : That he did serve those persons listed on the attached list entitled "Persons Entitled to Notice of Hearing" , a true and correct copy of the attached "Notice of Hearing" before the City Council on the day of , 19 , by United States mail, postage prepaid and addresses to said persons at the addresses given. DATED THIS day of , 19 Applicant Subscribed and sworn to before me, this day of 19 Notary Public 4.7 STAFF REPORT OF ZONING REQUEST ' 1. Applicant: ' Danny D. Edwards Address: Route #1 Twin Falls, Idaho 83301 Bee Appeal of A Special Use a mobile home on Mr. Edwards 2. Request: property in the AP Zoning District. Explanation: Mr. Edwards ownsapproximately 10 acres on 3400 North road between 2700 East and. 2800 East road in the Airport Zoning Distri.ct. He wishes to have his parents live near him on .the property and wishes to more in a mobile home-for that purpose. The mobile home would be removed when his parents no 'longer live there. See attached site plan and narrative. This request was unanimously denied by. R a Z and has been appgalgd $8 the City Council 3. Findings of Fact: a. Existing Land use: Res i-denti al , Agricultural & Airport b. Comprehensive Plan Designation: Airport c. Comprehensive Plan goals and policies which relate to this - application: Transportation Goal &. Air Service Policies 1,2, & 3 (pp. 10 & 12) Housing - Goal & Policies 1 & 9 pp. 14 & 15 d. Existing Zoning District: AP e. The following zoning code sections specificially apply' to this request: . 10-4-13. 1, .2(A) & (B), 10-4-13. 3 (A) 1 10-13-2.2 esp. (D) & (B) f. ' Alternative uses and densities allowed by the Zoning Ordinance: 10-4-13.2 (A) & (B) A. g. . Impact on public services: Area of Impact - Additional County fire and police service required. h. Impact on streets and other City facilities : Increased traffic and an additional traffic approach on 3400 N. Road. i. Steps which could betaken to mitigate adverse impacts: Require the supplemental housing to be behind and -on -th-e' same' property as the main fesi ence, Specifically identify the planned rest en. s and the terms o j . Legal advertisement has taken place for the Commission hearing on Feb 17, 1983 APr�h�laC�m�Ct �ss1� heard the request and...denied the request by a vote of g to 8 The Commission -action was made for the following reasons: see attached findings of Fact and Conclusions of Law. k. Legal advertisement has taken place for the Council: hearirig on May 19, 1983 #2065 4. -Additional staff comments: Attached is- ,a 'copy of ordinance/Passed by the City Council .on April '4, 1983. Attached also is -a copy o/f an'.av,gation easement used in Boise. ATTACHMENT B By special use permit to allow mobile homes to be placed in the airport zoning district on a temporary basis for direct family members who wish to live near their relatives, either parents of the children or children of the parents. i AVIGATION EASEMENT T!!15 AGRE.EMEN'i, dated this day of December, 1y72, ! v and between FAGI,I,ti(`ti INDIAN ilelaware ror;torat ;on, ^treinafter calf ,1 �Vf� R• ci the a municipal hereinafter called GRAWME, IN I T N E S S E T H: WHEREAS. GRANTOR is the owner of a certain parcel cf real property situate in the County of Ada, I;t:itc of Idaho, more particularly described as follows , to-w t : I.ot 1 and the East half of the Northwest quarter of Se, tion 31, Township 3 North, I:;in�e Z East of the lioise Meridian in Idaho; 1:1,1 WHEk{:Ati, „K:1�'Ilif: ol,erates, r:,:ntains and rcc.rllatk an Airport known as Roi -v tlr lermina! (`-)wcn 1 :: commercial, military and general aviation aircraft T :- i? and fut purpose. of promoting commeri ial , mi I itar aviation GRANTEE has by Ordinance, rules and regulation> , regulated, restricted and prescribed land use of real pr p adjacent to the said Air Terminal and lands n,.,<•r may operate and utilize the said Air Terrni;,a! an '. WHEREAS, CRANTt)R ,anticipate., construct ; ,. developing a real estate suhdivi�ion for residenti.,' mercial use, part or all of which lie:, ithi- area, tal,. landing and traffic patterns established and prom,ileated h. GRANTEE for aircraft landing at, taking off from, or opera: ;' at, from or on said Air Terminal; NOW. THEREFORE, in consideration of tte rremises, ji for itself, its administrators, successors and assigns, 11 does ht_rgby grant and convey unto GRANTEE, its successors 'efn a and assigns, and to all persons lawfully using the Boise Air Terminal(Gowen Field), the right and easement to use the air space above GRANTOR'S p , — ty in accordance with the rules regulating take off, landing and traffic patterns established and promulgated by the Boise Airport Commission and approved by the Council of the City of Boise Without liability for any necessary, convenient or operational incidental effects there- of whatever as the same may presently or in the future exist, fA together with the right to GR=I", its successors and assigns." and to all persons lawfully using said Air Terminal , to cause GMMMMmm� in such air space adjacent to and above the surface of GRANTOR'S said Property, such Poise, vibrations, fumes, dust , fuel ticles and all other effects that may' he caused by the opera- tion of aircraft landing at, taking off from, or operating at , from or on said Boise Air Terminal (Gowen Field; ; and GRANTOR, its successors and assigns, does hereby full;: waive, remise and release arty and all right for cause of action which thev may no% have or which they miv have in the future against GRANTEE, its successors and assigns, dl.e to gym. 110isc vibrations, fumes, dust, fuel parti=les and all Aher effects that may he caused or may have been caused by the operation of aircraft landing at, or taking off from, or operating at, from or on said Boise Air Terminal , PROVIDED, 40MEMMUMmmS HoWEVE R, nothing contained herein shall be construed as a waiver by GRANTOR, or its successors in interest, of any rights provided by law for redress due to unlawful or negligent destruction of property by persons flying over or using said aerospace or airport facilities; and All right., easements, releases, benefits and estates granted hereunder shall be covenants running with �a C i the land at above described and of which Zan ' shall be subservient tenants and the GRANTEE and the bene:,� R ficiaries of such rights, easements, releases, benefits and estates shall be the dominant tenant. IN WITNESS WHEREOF, the GRANTOR has caused this instrument to he executed on the day and ,Year first above rrit*AM. EAGLE ATTEST: Secretary t_;•r �_' L_t STATE OF IDAHO County of Ada ) On this /8Z� day of December, 1972 before me, the undersigned, personally appeared and Presilen an S ary and Tres known to me to be the persons EA Gaya axa subscribed to the within instrument, a" that tip* exeeussd the same. IN hiTNESS WHEREOF, 1 have hereuntc, set my hand and affixed my official seal, the day and year in this cer`,ificate first above written. l�Ofiry�i or INA�•�...r.._.. Residing at lee, & ;- 6 •t x a:r�.3 i*1Rit.Q 1',A. t: 'Y'O 'ustu '�RIA A' ratr ba+scare a nr aww of.tea �lL� —•. ;, �W ZONING ACTION SHEET Date: APPlicat: Type of Zoning Requ st: Annexation %/ Rezone %/ Special Use / / variance Non-conforming Building Expansion Permit %/ Plat vacation /_/ Zoning Title' Amendment %/ Comprehensive Plan Amendment I voted for /_/ against / / this Zoning Request for the following reasons) cfo" Regulations and standards used in evaluating the applications: The Applicant could do the following to receive my favorable vote : YU Si ure 7h u ZONING ACTION SHEET Date: l/IP62 q� Applicant: ])AIAI tJY COWAO-OS Type of Zoning Request: Annexation / / Rezone Special Use. / / variance Non-conforming Building Expansion Permit / / Plat vacation / / Zoning Title Amendment %/ Comprehensive Plan Amendment I voted for % / against,45K/ this Zoning Request for the following reason (s) : E C`lTl� PJ Z A-JO A I Q.PoQT_�j9QA R_QS LU�2c L6NA^tiJi�tOr,GS A-C i tJ AU D So Regulations and standards used in evaluating the applications : zotij t tj en 06-OS t T"Y QeO I K)A-rJGF -The Applicant could do the following to receive my favorable vote: k Signature Jh ZONING ACTION SHEET Date: Applicant: Type of Zoning Request: Annexation %/ Rezone / / Special Use %/ Variance Non-conforming Building Expansion Permit %/ Plat Vacation %/ Zoning Title Amendment %/ Comprehensive Plan Amendment I voted for / / against /_/ this Zoning Request for. the following reason (s) : e valuatin -- � ' The Applicant could do the following to receive my favorable vote 1gnature . ]h ZONING ACTION SHEET Date: Applicant: Type of Zoning Request: Annexation /_/ Rezone Special Use /_/ variance Non-conforming Building Expansion Permit %/ Plat vacation / / Zoning Title Amendment %/ Comprehensive Plan Amendment I voted for against %/ - this Zoning Request for the following reason (s) : 7�dha�3 17Sn.d.e�� �uc.0 to SeP,c,Ih1.1 f c,4e 1 tiG Regulations and standards used in evaluating the applications : The Applicant could do the following to receive my favorable vote : Signa u e jh April 26, 1983" TO: THE TWIN FALLS CITY COUNCIL. AND THE TWIN FALLS PLANNING AND ZONING COMMISSION FROM: : DICK SHOTWELLV CHAIRMAN AIRPORT ADVISORY.COMMISSION SUBJECT: REQUEST OF DANNY EDWARDS'FOR A SPECIAL USE PERMIT AFFECTING LAND WITHIN.THE AIRPORT ZONE One of the duties of the Airport Advisory Commission is to recommend and advise the respective governing bodies as to all matters concerning the Airport. It is the opinion of the Airport Advisory Commission that the airport zone should 'be. protected.from residential encroachment and thus support the. goal expressed.in the.City Comprehensive Plan. To allow this special use permit -will open the door for others to make similar applications and thus pave the-.way for an ever';-_increasing growth of residential units within the airport zone. Residential.,ancroachment into airport zones across the-nation has resulted in lawsuits against the airport ownersp limitation of *t operationst nightime cessation of flights in and out of airports, undue risk to'life and property in the affected areas, and even.total- airport closures. The potential damage to the taxpaying public due to loss of function of the airport far overshadows any benefit that may be extended to one or several individuals through the grhnting of.a special use permit such as the one:being requested, Therefore,. the Airport Advisory Commission recommends the following (1) The special use permit requested by. Danny Edwards. to place a mobile home on property within the airport zone be denied. (2) To avoid .future attempts, at, residential encroachment ` into,-the Airport j zonat that the.. City 'Council rescind Ordinance No. 2065.. ZONING ACTION SHEET Date: O APplica et: Type of Zoning Reques Annexation / / Rezone /, Special •Use %/ Variance Non-conforming Building Expansion Permit %/ Plat Z:7 Vacation /_/ Zoning Title Amendment /_/ Comprehensive Plan Amendment I voted for against /_/ this Zoning Request for the following reason (s) : ZU Regulations and standards used in evaluating the applications: -The Applicant could do the following to receive my favorable vote: i ' gna ure I� ORDINANCE NO. 2065 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWIN FALLS, IDAHO, AMENDING SECTION 10-4-13.2 OF THE TWIN FALLS CITY CODE, ENTITLED USE REGULATIONS, BY ALLOWING MOBILE HOMES ON A TEMPORARY BASIS IN THE AIRPORT ZONE FOR FAMILY MEMBERS AS PERMITTED USE IN THE AP, AIRPORT ZONE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF TWIN FALLS, IDAHO: SECTION 1. That Section 10-4-13.2 . of the Twin Falls City Code be amended to allow mobile homes on a temporary basis in the Airport Zone for family members of .property owners by Special Use Permit in the AP, Airport Zone, by the addition thereto of an additional subsection as follows : (C) Prehibited --Hse9-rzet-speei- f iee�-abe�e-are-}��ehibited-ttniess admir�ist�ative-e�ete�mir�atiert-ire-aeeere�- ecnce-with-Seetien-}g-i�-1 f Fi}-is-r;�ade thut�the-tzse-is-similar-enet�gh-te-a-tree • listcc�-eba�*e-that-distinction-bet�aeer� t�iern-is-ef-iittie-eeasee�tter�ee- Temporary Special Uses. A Special Use Permit may be granted for a tempo- rary use that is not in conflict with the Comprehensive Plan and that is notper- mitted outright because it may conflict with other uses in the district unless special provisions are taken. Temporary Special Use Permits may be granted for a period of five (5) years, and will termi- nate at the end of that five (5) years. The grantee of a temporary Special Use Permit may apply for an additional tempo- rary Special Use Permit at the end of the term, which application may or may not be granted. Temporary Special Use Permits may be granted for the following uses: . 1. Mobile homes for family members (either parents or children of the prop- erty owner) for such time as that family member may live in the mobile home. (D) Prohibited Uses. Uses not specified above are prohibited unless administrative determination in accordance with Section 10-17-1 (F) is made that the use is similar enoug to a use listed above that distinc- tion between them is of little consequence. -1- y l SECTION 2. This ordinance shall be in full force and effect immediately upon its passage and publication as required by law. PASSED BY THE CITY COUNCIL APRIL 4 , 1983 SIGNED BY THE MAYOR APRIL 4 , 1983 Mayor • • i • , 1 � 1 1 eputy 'C1 y Clerk PUBLISH: APRIL 7, 1983 i -2- G�TY OR Office of P. O. BOX 1907 COMMUNITY DEVELOPMENT 321 SECOND AVENUE EAST .�. ' TWIN FALLS, IDAHO 83301 PHONE 733-0860 Area Code 208 June 8 , 1983 Danny D. Edwards Route 1 Twin Falls, Idaho 83301 Dear Mr. Edwards ; At its June 6 , 1983 , meeting the Twin Falls City Council approved your request for a special use permit to place a mobile home on a temporary basis on your property for your parents. As . a condition of that special use per- mit, the Council required that you sign an avigation ease- ment. Enclosed is a copy of the proposed avigation easement. Please sign and have notarized and return it to my office. Upon receipt of the signed avigation easement, the special use permit will be issued to you. If you have any questions about this matter, please do not hesitate to contact my office at 733-0860 Extension 267 . Sincerely, 9 LaMar N. Orton, Community Development Director LNO/ps Enclosure FINDINGS - CITY OF TWIN FALLS PLANNING & ZONING COMMISSION A. INTRODUCTION: This matter having come before the Twin Falls Planning and Zoning on April 26 19 83', and the Commission members present being: John Bonnett, William Hollifield, Jack-Miller, Ken Roves Janice Stover, Mary Turner, Bill Wright, Mike Quesnell and there being a petition by Danny D. Edwards whose address is Route #1 Twin Falls which petition requests a Special Use Permit For the purpose of placing a mobile home on property within the Airport Zoning District on a temporary basis for his parents. B. FINDINGS OF FACT: It is the Commission's findings of fact: (1) That the existing land use in the area is presently residential , agricultural & airport. (2) That the existing zoning of the property described in the petition is AP and the change will rezone the property to NA (3) That the Comprehensive Plan designates this area as airport and the proposed use/ucsm willn8otnform to the Comprehensive Plan. (4) That the proper legal requirements for advertisement of the hearing have been .fulfilled as required by the Twin Falls City Code and by the laws_ of the State of Idaho. Advertisement has taken place on the following dates: April 11 & 14, 1983 (5) That this proposal is/issc=A in conflict with the provisionsof adopted regulation or intent of adopted City policy or uses within the proposed zone classification. Identify conflicts, if any. Conflicts with the intent of the Comprehensive Plan to protect the Airport from residential encorachment. (6) That the proposed use is )00MpaWxlue/incompatible with existing uses in the area as identified by the Commission members. (7) Testimony was given by the ._following persons and gave the following stated reasons: Name: Danny D. Edwards Address: Route #1 Twin Falls, Idaho Comments: Explained the reason for the request and that the Council had passed an amendment to the Zoning Ordinance allowing -this Special Use Request. Name: Dick Shotwell , representing the Airport Advisory Commission Address : Grandview Dr. N. Twin Falls, Idaho Comments : Stated that the Airport should be protected from residential encroach- '—meet and—aske��Fie-Commission to�eny the SpeciaT'Use-bequest-and ----thP__Co�1acij_-to rescind Ord. #2065. _-.- 1 , Name: Address: Comments: Name Address• Comments: Name: Address: Comments: Name: Address: Comments: y (8) The Commission fWs/does not find the proposed use to be in harmony with the general purpose and will/wilkl<xmat be otherwise deterimentai to the public health; safety and welfare. . (9) The following are additional findings of fact considered by the Commission: a, see attached sheet & resolution w b. C. d. (10) ORDER: The Commission, pursuant to the aforementioned, finds that the petition of Danny D. Edwards for a Special Use Permit to place a temporary mobile home in the A.P. Zoning District as described in the petition should be aq2 Xw4d/denied/d4KMdx0tVWt pr� gxabiX*000nt$nuetK Special conditions or contingencies applied to motion, if any: (11) The above named applicant could do the following to receive a favorable decision: Nothing without a change to the Comprehensive Plan. MOTION• To grant the request of Danny D. Edwards for a Special Use Permit to place a mobile Home in the 1ve on his nrnnarty lnratarl nn T F County Rd 3400 between 2700 & ?OOO E. MOTION BY: Quesnell SECONDED BY: Roy ROLL CALL Commissioner Bonnett Voted no Commissioner Hollifield Voted no Corr;;;i s :i o n�r• -- Miller ��_ ---- 1;c`e d ---- no -- ----- Commissioner Roy Voted no Commissioner Stover Voted no Commissioner Turner Voted no Commissioner Wright Voted no Area of Impact Commissioner Quesnell Voted no Area of Impact Commissioner .Voted Commission f1ember(l) Sterling was/xmrm bsent. Motion YOM*i /di ed. Vote C to 8 onne 7 +/rlJanice ver 'Hi fi e / > ✓� y >urner Jac i r _� iWright tz, Ken Roy / Additional findings of individual members: Dissent: Findings adopted by Twin Falls City Planning & Zoning Commission on May 10, 1983 ADDITIONAL FINDINGS OF DANNY D. EDWARDS REQUEST: 1. Airport Advisory Commission disapproved. 2. The request is contrary to the. Comprehensive Plan. 3. The request would increase congestion in the Airport Zoning District. 4. It is not in the best interest of the City or County to increase the density of the Airport Zoning District. 5. The request allows residential encorachment in the Airport Zoning District. 6. The ordinance passed by the Council creates enforcement problems. A RESOLUTION: Be it resolved that the City of Twin. Falls Planning and Zoning Commission does now request the City Council to reconsider their recent action which resulted in the passage of Ordinance No. 2065. We make this request for the following reasons: 1. We feel. that the long range effect of this ordinance could result in doubling the density of residential dwellings in the Airport Zone. 2. This ordinance was passed at a single session of the Council , without prior, specific notification to the Airport Board. 3. It is our opinion, as expressed by our vote on March 8, 1983, that a change such as this is not in keeping with the goal expressed in the Comprehensive Plan of the City to "protect Joslin Field from residential encroachment". 4. While it is this Commission's charge only to "recommend" and the Council ' s responsibility to "decide" it is our feeling that the Council should not have acted in such haste when 9 members of the Commission and 2 members of the Council did not support this change while only 5 members of the Council supported the change. 5. It is our belief that the 50 million dollar investment made by citizens of the City and the County to construct Joslin Field must be protected and that sufficient time must be allowed for public input before any change is made in the Airport Zone. Therefore we request the Council rescind Ordinance No. 2065. Approved this date April 26, 1983. ' Jack Q. Miller, Chairman City of Twin Falls Planning & Zoning Commission FINDINGS CITY OF TWIN FALLS - PLANNING & ZONING COMMISSION A. INTRODUCTION: This matter having come before the Twin Falls Planning and Zoning on April 26 19 83 , and the Commission members present being: . .� John ,Bonnett, William Hollifield, Jack Miller, Ken Roy, Janice Stover, . . .M Mary Turner, Bill Wright, Mike Quesnell. and there being a' petition by Danny D. Edwards whose address is Route #1 Twin Falls which petition requests a Special Use Permit For the purpose of placing a mobile home on property within the Airport Zoning District on a temporary. basis for his parents. . B. FINDINGS OF FACT: It is the Commission's findings of fact: (1) That the existing land use in the area is presently residential , agricultural & airport. (2) That the existing zoning of the property described in the petition is AP and the change will rezone the property to NA (3) That the Comprehensive Plan designates this area as airport and the proposed use/ucsm willnE&form to the Comprehensive Plan. (4) That the proper legal requirements for advertisement of the hearing have been fulfilled as required by the Twin Falls City Code and by the laws of the State of Idaho. Advertisement has taken place on the following dates: April 11 & 14,� 1983 (5) That this proposal is/ixs =xt in conflict with the provisions of adopted regulation or intent of adopted City policy or uses within the proposed zone classification. Identify conflicts, if any. Conflicts with the intent of the Comprehensive Plan to protect the Airport from residential encorachment. (6) That the proposed use is X*mpea*Wxe/incompatible with existing uses in the area as identified by the Commission members. (7) Testimony was given by the following persons and gave the following stated reasons: Name: Danny D. Edwards Address: Route #1 Twin Falls, Idaho Comments: Explained the reason for the request and that the Council had passed an amendment to the Zoning Ordinance allowing this Special Use Request. Name: Dick Shotwell , representing the Airport Advisory Commission Address: Grandview Dr. N. Twin Falls, Idaho Comments : _�Stated that the Airport should be protected from residential encroach- ment anrasked- fie�omiiission t`o deny-"tie�peciaT Use Request and - thy-Col�n�il to rescind Ord. 02065. --_----- - ----- -- ---- Name: Address: Comments: Name: Address: Comments: Name: Address.: Comments: Name: Address: Comments: (8) The Commission fi(Xds/does not find the proposed use to be in harmony with the general purpose and will/wi;l;lCxxat be otherwise deterimental to the public health; safety and welfare. . (9) The following are additional findings of fact considered by the Commission: a. see attached sheet & resolution b. C. d. (10) ORDER: The Commission, pursuant to the aforementioned, finds that the petition of Danny D. Edwards for a Special Use Permit to place a temporary mobile home in the A.P. Zoning District as described in the petition should be a iy4v4/denied/"XMdx> HK"t t%�gxabcx�fhtx �Qx'vt7cpetic. Special conditions or contingencies applied to motion, if any: (11) The above named applicant could do the following to receive a favorable decision: Nothing without a change to the Comprehensive Plan. MOTION• To grant the request of Danny D. Edwards for a Special Use Permit .te place a mobile home in thelive on his property loratarl an T F runty Rd 3400 hPtwppn 2700 & 2000E. MOTION BY: Quesnell SECONDED BY: Roy ROLL CALL Commissioner Bonnett Voted no Comumissioner Hollifield Voted no Co+nm s•:i0n 14iller bored ._. _..no__.__.___.—__ Commissioner Roy Voted no Commissioner Stover Voted no Commissioner Turner Voted no Commissioner Wright Voted no Area of Impact Commissioner Quesnell Voted no Area of Impact Commissioner Voted Commission Hember09 Sterling was/mere bsent. Motion YaWtVdV died. Vote 0 to 8 Le Bonne �,' / li anic ver q1#4 kifi er �� urner > 2Jacki r Ken KOY / i Additional findings of individual members: Dissent: Findings adopted by Twin Falls City Planning & Zoning Commission on Hay 10, 1983 J ADDITIONAL FINDINGS OF DANNY D. EDWARDS REQUEST: 1. Airport Advisory Commission disapproved. 2. The request is contrary to the Comprehensive Plan. 3. The request would increase congestion in the Airport Zoning District. 4. It is not in the best interest of the City or County to increase the density of the Airport Zoning District. 5. The request allows residential encorachment in the Airport Zoning District. 6. The ordinance passed by the Council creates enforcement problems. A RESOLUTION: Be it resolved that the City of Twin Falls Planning and Zoning Commission does now request the City Council to reconsider their recent action which resulted in the passage of Ordinance No. 2065. We make this request for the following reasons: 1. We feel that the long range effect of this ordinance could result in doubling the density of residential dwellings in the Airport Zone. 2. This ordinance was passed at a single session of the Council, without prior, specific notification to the Airport Board. 3. It is our opinion, as expressed by our vote on March 8, 1983, that a change such as this is not in keeping with the goal expressed in the Comprehensive Plan of the City to "protect Joslin Field from residential encroachment". 4. While it is this Commission's charge only to "recommend" and the Council 's responsibility to "decide" it is our feeling that the Council should not have acted in such haste when 9 members of the Commission and 2 members of the Council did not support this change while only 5 members of the Council supported the change. 5. It is our belief that the 50 million dollar investment made by citizens of the City and the County to construct Joslin Field must be protected and that sufficient time must be allowed for public input before any change is made in the Airport Zone. Therefore we request the Council rescind Ordinance No. 2065. Approved this date April 26, 1983. Jack Q. Miller, Chairman City of Twin Falls Planning & Zoning Commission C I T Y A C T I O N L I S T - �....J r �i ON 5,0Le`,-p/ Zoning Requests .INITIAL & DATE- TRANSMITTED Authority P & Z Council — Action s ' 1. . ZONING OFFICIAL 1. Recelve & .check app.lication. . -2. Establish hearing dateIle 3. Investigate request II. CITY CLERK 1. Collect fee s�13�P3 III. ENGINEERING DEPARTi ENT p�G 1. _ Check legal description 2�� 3 IV. CITY ATTORNEY Y �� �� � . p � 1. Prepare hearing notice d g �41 �g 2. Prepare ordinance V. CITY CLERK o� 43 3 1. Public hearing notice t�. VI.• MANAGER'S SECRETARY � /�i'o 3� 1. �"otify applicant a' o 4. 'j�j ^ VII. ZONING OFFICIAL, 1. Mold application -- 2.. Place on Agenda tall. CITY CLERK . 1. Publish Ordinance -- -- IX. ZONING OFFICIAL 1'. Notify applicant of action FINDINGS - CITY OF TWIN FALLS CITY COUNCIL A. INTRODUCTION: This matter having come before the Twin Falls City Council on _June 6, 1983 , and the Council members present being: Mayor Talkington, Gale Kleinkopf, Mary McClusky, Paul Newton, Emery Petersen, John Peterson, Alan Wubker and there being a petition by Danny D. Edwards whose address is Route #1 Twin Falls, Idaho 83301 which petition requests a Special Use Permit. For the purpose of placing a mobile home on property within the Airport Zoning District on a temporary basis for his parents. B. FINDINGS OF FACT: It is the Council 's findings of fact: (1) That the existing land use in the area is presently residential , agricultural and airport. (2) That the existing zoning of the property described in the Petition is AP and the change will rezone the property to na (3) That the Comprehensive Plan designates this area as Airport and the proposed use/699s will/w333x:nu conform to the Comprehensive Plan. (4) That this proposal is/is not in conflict with the provisions of adopted regulation or intent of adopted City• policy or uses within the proposed zone classification. Identify conflicts, if any. (5) That the proposed use is compatible/Nmmp'at6N)ecwith -existing uses in the area as identified by the Council members. (6) Legal advertisement has taken place for the Commission hearing on April 11 & 14, 1983The Commission heard' the request and xxxxxwnnTxWdisapproved the Special Use Permit by a vote of 0 to 8 The Commission's Finding are attached hereto . A public hearing was held on June 6, 1983 . (7) Testimony was given by the following persons and gave the following stated reasons: Name: Linda Edwards Address : Route #1 -- Twin Falls, Idaho 83301 Comments: Explained the reason for the request to move Mr. Edward's parents to his property. There is no intent- to sell property, They agree to the five year limitation. Name : Dirk Shotwell , Representing Airport Advisory Commission Address : Grandview Dr. N. -- Twin Falls , Idaho 83301 Comments: Asked the Council to look to the long-term impacts of these kinds of requests. Name: Address: Comments: Name: Address. Comments : Name: Address: Comments: Name: Address: Comments: (8) The Council finds/daexxRakxfi AA the proposed use to• be in harmony with the general purpose and will/will not be otherwise detrimental to the public health, safety and welfare. (9) The following are additional Findings of Fact and Conclusions of Law considered by the Council : a. see attached b. C. r . d. (10) ORDER: The Council , pursuant to the aforementioned, finds that the petition of Danny D. Edwards for a Special Use Permit to Place a mobile home temporarily in the AP Zoning Di%tr 6tcribed in the petition should be ap pro vedAdeniodAdeAWxwj%hovtx:pred&McWWMVJ9tK Special condition or contingencies applied to motion, if any: As a condition to approval , Mr. Edwards is to sign an avigation easement. (11) The above named applicant could do the following to receive a favorable decision: iOTIv^N: To grant the appeal= of Danny D. Edwards to place a mobile home upon his property in the Airport Zone according to the terms of the Special Use Permit. Amended to require an avigation easement. MOTION BY: Emery PPtPrSPYI SECONDED BY: John Peterson ROLL CALL Mayor Talkington Voted yes Councilman Kleinkopf Voted yes Councilwoman McClusky Voted no Councilman Newton Voted no Councilman Emery Petersen Voted yes Councilman John Peterson Voted yes Councilman Wubker Voted yes Councilmember(s) was/were absent. Motion carried/ Vote 5 to 2 ayor Talkington tJ Councilman Kleinkopf 7 -COUnci.jwSn Emery etersen Councilman John Peterson ,r d unci lman .Wubker Additional findings of individual members: + Dissent: The Airport Advisory Commission and Planning & Zoning were unanimously against the request. The request is contrary to the ity s Comprehensive Plan. PauY Newton Mar� s y Findings adopted by Twin Falls City Council on June o, 1983 . ADDITIONAL FINDINGS OF FACT - DANNY D. EDWARDS 1. Safeguard of renewal of Permit and Special Conditions will allow adequate protection of Airport Zone against residential encroachment. 2. This Special Use Permit considers the time the Edwards have spent with City and County officials to obtain approval of their- request which was originally approved by the County several years ago. 3. The zone allows such a Special Use if the occupant is of immediate family. 4. With the five year limit on the Special Use there would be no adverse effects on the Airport Zone. 5. - The Edwards are caught in between the City and County with their different standards and requirements. Office of _ " P. O. BOX 1907 COMMUNITY DEVELOPMENT 321 SECOND AVENUE EAST 49 1A. '_ �` TWIN FALLS, IDAHO 83301 PHONE 733-0860 Area Code 208 June 28, 1983 Danny D. Edwards Route #1 Twin Falls, Idaho 83301 Dear Mr. Edwards Enclosed is the Special Use Permit granted to you by the Twin Falls City Council on June 6, 1983 . Enclosed also is a statement of findings of fact and conclusions of law which establish the legal basis for the granting of the permit. The Special Use Permit is for zoning purposes only. A building permit is required for actual placement of the mobile home. Please do not- hesitate to give me a call at 733-0860 extension 267 if you have any questions about the permit or the statement of findings of fact and conclusions of law. Sincerely, LNO/e LaMar N. Orton Community Development Director a AVIGATION EASEMENT THIS AGREEMENT, dated this / day of , 19L�, by and between DANNY D. EDWARDS and LINDA EDWARDS , hereinafter called "GRANTOR" , and THE CITY AND COUNTY OF TWIN FALLS, IDAHO, municipal corporations , hereinafter called "GRANTEES" , W I T N E S S E T H: WHEREAS, Grantor is the owner of a certain parcel of real property situated in the County of Twin Falls, State of Idaho, more particularly described as follows : to-wit: SEE INSERT 1 WHEREAS, Grantees operate and maintain the airport known as the Twin Falls-Sun Valley Regional Airport, situated in the County of Twin Falls, State of Idaho, for commercial and general aviation aircraft operation and for purposes of promoting commer- cial and general aviation, Grantees have, by ordinance, rules and regulations, regulated and restricted and prescribed land use of real property adjacent to said airport and lands over which air- craft may operate and utilize said. airport; and WHEREAS, Grantor anticipates the placement of a mobile home on a temporary basis which lies within or near the areas of take-off, landing, and traffic patterns established and promulgated by Grantees for aircraft landing at, taking off from, or operating at, from or on said airport; NOW, THEREFORE, in consideration of the premises, and as a condition of the granting of a special use permit, Grantor does hereby grant and convey unto Grantees , its successors and assigns, and to alI persons lawfully using the Twin Falls-Sun Valley -1- Regional Airport, the right and easement to use the air space above Grantor' s property in accordance with the rules regulating take-off, landing and traffic patterns established and promulgated by the Twin Falls Airport Commission without liability for any necessary,. convenient, or operational incidental effects thereof whatever as the same may presently or in the future exist, together with the right to Grantees', its successors and assigns, and to all persons lawfully using said airport, to cause in such air space adjacent to and above the surface of Grantor's said property, such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the operation of aircraft landing at, taking off from, or operating at, from or on said Twin Falls-Sun Valley Regional Airport; and Grantor, does hereby fully waive and release any and all right for cause of action which they may now have or which they may have in the future against Grantees, its successors and assigns, due to noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or operating at, from or on said Twin Falls-Sun Valley Regional Airport, PROVIDED, HOW- EVER, nothing contained herein shall be construed as a waiver by Grantor, or its successors in interest, of any rights provided by law for redress due to unlawful or negligent destruction of prop- erty by persons flying over or using said aerospace or airport facilities. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed on the day and year first above written. e4; - DANNY D. EDWARDS / ? LI DA EDWARDS,.-' -2- STATE OF IDAHO ) ss. County of Twin Falls ) l On this r/ ! Y ' / day of .�.� 19. "'�, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared DANNY D. EDWARDS and LINDA EDWARDS known to me to be the persons whose names are subscribed to the foregoing Avigation Easement, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I - have set my hand and seal the day and year first above written. NOTARY PUBLIC FOR IDAHO Residing at T , Fa11S, Idaho f:r .i.... .._ f.y�•C-[. 4•;. .[.!".t! %2 t'I Kist/ -3- INSERT AL Township 11 South, Range 17 East of the Boise Meridian,. Twin Fal,ls County, Idaho, , Section 7: ' A parcel of land located in the NE4NE14,, more specifically described as follows: Beginning at the Northeast corner- of Section 7, thence North 89047100" West 759.90 feet along the North boundary of Section 7 to the real point of beginning. Thence South 00046151" East 225.00 feet; thence North 89047100" West 541.00 feet; thence North 00046151" West 225.00 feet to the Northwest corner of the NEkNE4 of Section 7; thence South 89047100" East 541.00 feet to the real point of beginning, EXCEPT .road right-of-way; also EXCEPT a right-of-way over and across the West 20 feet of the above-described property. AND Township 11 South, •Range 17 East of the. Boise Meridian, Twin Falls County, Idaho, Section 7: A 15arcel of land *.located in the NE4NE4 of Section 7, more specifically described as follows: Begin- ning at the Northeast corner of. Section 7; thence North 89"47 '00" West, 1300.90 feet to the Northwest corner of the NE4NE 4,. Section 7; thence South 00046151" East, 225.00 feet. to the real point of beginning; thence South 89°47 ' 00" East, 541.00 feet; -thence South 00*46151" East, 694.99 feet; .thence North 67048 '24" West, 77.98 feet; =thence North 70038133" West, 275.00 feet; thence North 81°50'12" West, 213.70 feet; thence North 00046151" West, 546.30 feet .to .the real point of beginning.