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
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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.
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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.
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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.
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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.
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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
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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