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HomeMy WebLinkAbout001 06 94LAND USE AND DEVELOPMENT MINUTES January 6, 1994 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building. Present: Acting Chairman Pete Anderson, Commission Members: Myrna Cain, Richard Pearson, T. Kent Hill, Mary Harker, Gayle Anderson, Council Member Steve England; Attorney Tom Holmes, Public Works Director Steve Smart, Project Engineer Gerd Dixon, and Secretary Myrna Crapo Chairman Pete Anderson called the meeting to order at 8:00 p.m. Chairman Anderson asked if any of the commission members had a conflict of interest. There was none. Chairman Anderson asked for approval of the minutes. Myrna Cain moved to approve the minutes as mailed, with Mary Harker seconding. All voted in favor. Public Hearing: 1. AN APPLICATION BY WHITAKER FARM ASSOC., A LIMITED PARTNERSHIP, 280 S. ARTHUR, FOR A CONDITIONAL USE PERMIT AND PRELIMINARY PLAT FOR WHITAKER FARM PLANNED UNIT DEVELOPMENT AT 4915 WHITAKER ROAD. The property is presently zoned Industrial (I), and Limited Residential (R-2). Chairman Anderson reviewed the procedure of the public hearing process. Attorney Tom Holmes informed the commission that future street plan in comprehensive plan shows a north south continuous street. Approval of PUD and storage areas would violate the comprehensive plan. The commission might want to approve these conditionally and schedule a public hearing for the Land Use Commission to reopen the comprehensive plan and amend it to do away with that proposed street. Paul Jensen, 940 Cahina Way, explained the proposed project. He has done many projects in the area and felt that they did a good job. Mr. Harris, an uncle bought the land 13 years ago and had intended to build a manufacture plant on that property. He decided not to build it because of the market. He reviewed the information that he had attached to his PUD. Through traffic would impact Whitaker Road and it would help to take Hiway through to Hiline by way of Vern Road; so to have loop roads that could be developed in the area. The town houses would be around the north side and would be sold to young couples and retirees. They would have a garage attached. The west side would be storage units to buffer the Land Use and Development Commission Page 2 January 6, 1994 noise from the railroad. The central part would be used for apartment units. At the start of the project they would pave 1/2 of the road and build eleven town house units. The drainage would flow to the back of the property. The development was trying to attract the young couple market. The common area would have 40% open spaces; and the entire project may take up to 6 years to complete. The apartments would have to have 20% for low income (14 apartments) in order to qualify for the needed financing. Traffic calculations have not been done taken into account. Gerd Dixon, project engineers advised the commission that 716 trips would be added per day. The last traffic count in July of 1987 showed 849 trips per day. Mr. Jensen in reply to Chairman Anderson's question said the storage units may be rented to people who lived outside of the project if a road was built to East Chubbuck Road; if not than it would be for tenants use only. One home owners association would be organized to maintain the common area. Chairman opened the hearing to public comments: Dan Higdem, 5237 Whitaker, told the commission that it would decrease the valuation of the homes and change the living quality. It would result in over crowded streets and schools. There would be increased traffic hazards. The comprehensive plan needed to avoid over crowding, congestion, and hazards, etc. He asked the commission to deny the proposed project. Bob Dalpino, 4924 Whitaker, stated it will change the area. as there are animals and large acreage there now. The traffic is bad on Sunday with the Calvary Church. It was not for this area. Dee Greene, 410 E. Chubbuck, would like to see the fences 6' masonry. The density was not compatible with the area and he was opposed to it going in. Dean Harding, 5131 Whitaker, the value of the property will decrease along with the quality of life. Land Use and Development Commission Page 3 January 6, 1994 Ila George, 4925 Whitaker Road, was against as the road would be within 10' of her patio and door. Bill Brown, 5351 Whitaker, it will devalue their property. Del Thompson, 599 Marie, was concerned about gangs living at the project. The low income housing can attract people who do not have the same standards as those in the area. Rick Keller, 5215 Whitaker, traffic patterns were taken in July and not during the school hours. The children will have to play somewhere else. Susan Acree, 5410 Whitaker, where will the children going to school have to go. Ellis Elementary is full now. Earl Romriell, 600 Marie, what will the impact be from dogs, etc. This application isn't legal and is not consistent with the comprehensive plan. Bill Miller, 4940 Whitaker, Where will the kids play? What will the development be like in 20 years? He is opposed to the project. Paul Benedict, 4955 Whitaker Road, The soil will not handle the water run off problem. The water would pond for a long period of time. Melvin Jackson, 5101Whitaker, reviewed the characteristics of the area. It was a rural environment. Lori Harding, 5131 Whitaker, reviewed what had been said by those before her; Without a play ground area, where would the children play. The area has a country atmosphere. Verl Ashton, 5369 Whitaker, purchased the property because of the environment. Plans on building later. Dan Higdem, 5237 Whitaker, Who will pay for the paved road. Alane Hale, 4825 Whitaker, The sewer back-ups into homes every since the school was built. She reviewed the list of allowable industrial uses. The common areas are not placed where children will play. They need parks and room to play. She then read the criteria and standards from the city code. Nancy Schiozawa, 5321Whitaker, is opposed to it. They own 6 acres and have calf roping horses. Not consistent with their life style. Land Use and Development Commission Page 4 January 6, 1994 Linda Hillman, 5015 Whitaker, Would like a retainer wall two stories high so she couldn't see them out of her two story window. She doesn't want her property used by the children. Meg Smith, 590 Vern, would be adversely affected, she doesn't want a busy street. Randy Budge, 201 E. Center, attorney for Jolene Hutchinson told the commission that her title doesn't show an easement for a road. There had been no negotiations for sale of their land for an access. Paul Jensen, addressed the questions brought up by the people in attendance. He would not oppose a barrier between the neighbors. The common area might have a basketball pad, B-B-Q area, flat small ball area and lounge areas. Steve Smart, Public Works Director, informed the commission the traffic-design capacity was below it's potential. The problem at the intersections are the same as at other intersections. The sewer doesn't have a capacity problem, but an odor problem. The city gravity line is 12" line. There is adequate water pressure with the 12" water line. Steve England explained that the long lots that make Whitaker road unique have a potential to become flag lot. There is an ordinance that the city has now to prevent long lots such as these. He wouldn't mind having this development by his house. Commission then discussed: 1. The 2nd access 2 Other use of land 3 Commercial along tracks 4 Filling in the cities vacant areas 5 Unique neighborhood 6 Traffic count in school year 7 appraisals 8 Park land requirement 9 other developments that could go in. 10.Time line to start the project. ll.The commission needs to check out the area for the problems. bus The commission discussed tabling this application for the following reasons: 1. The citizens need to get an appraisal to see property values with this type of development. Land Use and Development Commission Page 5 January 6, 1994 2. Paul Jensen needs to check out access to Chubbuck Road 3. City needs to look at the comprehensive plan concerning the street from Chubbuck Road North. 4. Time to get a traffic count for a whole week. Gayle Anderson made a motion to table this until the February 3rd meeting. Mary Harker seconded the motion. Roll call vote: Myrna Cain, yes; Steve England, yes; Richard Pearson, yes; Pete Anderson, yes; Mary Harker, yes; Gayle Anderson, yes; T. Kent Hill, yes. AN APPLICATION BY JOLENE HUTCHINSON, 815 EL RANCHO FOR REVIEW OF PRELIMINARY PLAT OF HIGHLAND MINI STORAGE LOCATED at 400 E. Chubbuck Road. Tom Holmes, attorney told the commission that the plat doesn't make any provisions for the future road problem. This street is a concept of where the road is to go. Randy Budge, 201 E. Center, attorney for Jolene Hutchinson. Ms. Hutchinson will have financial problems if this doesn't go forward. If the city desires to have a road through there, they will be willing to sit down with the city and work out a price. Chairman Anderson opened the public hearing for comment: Dee Green, 410 E. Chubbuck has no opposition to development. the Paul Jensen, 280 S. Arthur told the commission that he is at a disadvantage if the commission approves this application. He needs this delayed so he can negotiate on a road. Randy Budge, 201E. Center, Ms. Hutchinson would be willing to start developing near the railroad tracks to allow time to negotiate with Mr. Jensen. The hearing was closed and opened to the commission. At the next meeting the commission needs to review the concept of that street and the comprehensive plan. Mary Harker proposed that we approve the plat, as shown with the stipulation that the development start on the west side to allow the opportunity for personal evaluation of easement, with a recommendation to the city council to go forth. Myrna Cain seconded the motion. Roll call vote: Myrna Cain, yes; Steve England, yes; Richard Pearson, yes; Pete Anderson, yes; Mary Harker, yes; T. Kent Hill, yes. Land Use and Development Commission Page 6 January 6, 199~ AN APPLICATION BY AMERICAN HERITAGE, INC. P.O. BOX 2684, FOR REVIEW OF PRELIMINARY PLAT OF COTTAGE GROVE located at North End of Stuart Avenue. Tim Shurtliff, 426 W. Lewis represented American Heritage and explained that there would be 18 lots with approximately 4.4 acres. They would be smaller homes for more affordable housing. Chairman Anderson opened the public hearing: Paul Benedict, 4955 Whitaker was in favor of the development. T. Kent Hill asked if they could increase the lot sizes to allow for a nicer home with a garage. The lot sizes fit the city requirements and are allowable. Chairman Anderson closed the public hearing. The commission then discussed the park dedication requirements. It was felt that we needed to work on the park fee that is required. T. Kent Hill moved to recommend to the city council to accept this plat with the recommendation that the lots on the west side be changed to nine lots instead of the 10 so that it would give a little more lot frontage and allow a little nicer home to be built on those lots. Myrna Cain seconded. Roll call vote: Myrna Cain, yes; Steve England, yes; Richard Pearson, yes; Pete Anderson, yes; Mary Harker, yes' T Kent Hill, yes. ' ' A PROPOSAL BY THE CITY OF CHUBBUCK TO ENACT A MORATORIUM PURSUANT UPON PERMITTED INDUSTRIAL USES under Chubbuck Municipal Code 18.08.040 and that portion of the City of Chubbuck that is currently zoned as being a industrial land use district which lies within the area geographically described as starting at the North right-of-way of Interstate 15, and then North parallel to and lying 800 feet either side of the railroad tracks to the Northern most point of the city lying within said 800 foot section of the Union Pacific Railroad right-of-way and being South of Syphon Road. Said moratorium would extend for three years unless sooner terminated by the City of Chubbuck. Ail industrial uses for property within said area that were formerly permitted, prior to imposition of the moratorium, under 18.08.040 in a industrial area would be treated as being conditionally permitted and would be required to submit a conditional use permit application. Consideration of such uses upon a conditional use application would take into account the fact such industrial area in many instances borders limited residential R-2 areas and the compatibility between the proposed industrial use and any existing use would be an Land Use and Development Commission Page 7 January 6, 1994 additional factor to be considered in any conditional use permit application. Steve England expressed concerns about the affect this would have on the two applications under consideration tonight. Chairman Anderson opened the public hearing: John Gibbs, who was representing Casey Gibbs at 426 E. Chubbuck saw their name on the agenda for the finding of facts and wondered what was going on. Chairman Anderson and Attorney Holmes explained the purpose of the finding of facts and conclusions of law. Paul Benedict, 4950 Whitaker Road was in favor of this moratorium. He expressed the concern for a road needed at the back of these land locked lots. The city needs to have uses that are compatible with the existing uses in the area. Chairman Anderson closed the public hearing. Mary Harker moved to recommend to the city council to adopt the public hearing item #4 as intended. T. Kent Hill seconded the motion. Roll call vote, Myrna Cain, yes; Steve England, yes; Richard Pearson, yes; Pete Anderson, yes; Mary Harker, yes; T. Kent Hill, yes. GENERAL BUSINESS: 1. Approval of the Finding of Fact for K. C. Gibbs. Steve England moved to accept the finding of fact, conclusions of Law and Decision. Mary Harker seconded, with all voting in favor. ~ rn~ ~apo, Secret~ry 2. Approval of Findings of Fact for Jolene Hutchinson. Mary Harker moved to accept the findingof/i~c~ conclusions of Law and Decision Myrna Cain sec , ~~1~ · onded voting in favor. Meeting adjourned at 12:15 am. son, Acting Chairman