HomeMy WebLinkAbout007 07 94LAND USE AND DEVELOPMENT MEETING
July 7, 1994
Minutes of the regular meeting of the Land Use and Development
Commission held in the City municipal building.
Present: Chairman Kent Kearns, Commission Members: Mary Harker,
Gayle Anderson, Richard Pearson, Pete Anderson, Council Member
Roy Quick, Attorney Tom Holmes, Project Engineer Gerd Dixon,
Public Works Director Steve Smart and Secretary Michelle Miller.
Chairman Kent Kearns called the meeting to order at 8:00 p.m.
Chairman Kearns asked if any of the commission members had a
conflict of interest. There were none.
PUBLIC HEARING:
A PROPOSAL BY ANNA PALMER, 250 STUART, CHUBBUCK, IDAHO FOR A
CONDITIONAL USE PERMIT TO OPERATE A HOME DAY CARE. Property
is presently zoned Limited Residential (R-2) .
Gerd reminded the commission that the basement is not
allowed to be used as any part of the day care. Gerd also
mentioned that Cary has inspected the house and it is all
right to have a day care there.
Mary asked if the name of the day care was infringing on
copyrights. Mrs. Palmer reported that she had changed the
name of the day care to Happy Time Stations to avoid a
copyright conflict.
Chairman Kearns asked Mrs. Palmer to come to the podium and
report on her application for a day care.
Anna Palmer, 250 Stuart, stated that she will never have
more than 16 children. She also stated that she has a
fenced backed yard to help keep the noise level down. She
and her husband will be the only employees of the day care.
She will be taking in 3 infants. None of the other children
will be older than second grade.
Chairman Kearns asked for public testimony either supporting
or opposing the application. Seeing none he closed the
public testimony and opened it to the commission for
discussion and a motion.
Richard Pearson moved to recommend to the City Council that
they grant the application for an in home day care with the
provision that they maintain the City Code and City
requirements on day care on a yearly basis and that there is
no occupancy in the basement at any time. Mary Harker
seconded the motion.
Land Use and Development Commission
July 7, 1994
Page 2
Roll call vote: Roy Quick, yes; Mary Harker, yes; Kent
Kearns, yes; Gayle Anderson, yes; Richard Pearson, yes.
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A PROPOSAL BY RICHARD D. NELSON, 13032 MOONGLOW ROAD FOR A
CHANGE IN LAND USE DISTRICT TO GENERAL RESIDENTIAL (R-3) FOR
17 LOTS. Property is located as an extension of Lucky
Street North; N 1/2, N 1/2, E 1/2, SW 1/4 N-W 1/4, Section 3,
Township 6 South, Range 34 East B.M. Property is presently
zoned Limited Residential (R-2).
Chairman Kearns asked Mr. Nelson to report on his request
for a zone change.
Richard Nelson, 13032 MOONGLOW Road reported that he is
requesting the zone change to R-3 to enable him to construct
4-plexes on two lots.
Chairman Kearns asked for public testimony either supporting
or opposing this request for zone change. He stated that
the commission has copies of petitions against the zone
change and asked that public testimony be short and not
include what was covered by the petitions.
Mary Mitchell, 261 Briscoe, reported that she does not
oppose developing that area, but she would like to see an
access road that connects to Yellowstone.
Fay Burrows, 302 Adams, stated that she is opposed to the
zone change due to the increase in traffic 4-plexes bring.
She also stated that the property value near 4-plexes is
poor. She wouldn't mind seeing nice small homes developed
but no multiple dwellings.
Earl May, 219 Briscoe, stated that he is worried about where
the children will play. The nearby parks are overloaded.
Children will be likely to play in and could be hurt in the
nearby horse and cow pastures.
Don Sample, 333 Briscoe, stated that he is also concerned
with where the children will play. He doesn't want them
playing in his pastures with the cows and horses.
Peggy Manriquez, 192 Adams, is concerned that if the 4-
plexes are allowed to go in they will be sold and depending
on who the owner is the development becomes run down and
ugly. She also reported that the 4-plex next to her at 182
Adams has let the grass and weeds grow out of control. This
is a real fire hazard during this time of the year.
Land Use and Development Commission
July 7, 1994
Page 3
Wayne Newby, 275 Adams, stated that there is a turnover in
owners on the current multiple family dwellings. He stated
that he didn't fight against the first dwellings being
constructed, but now there are too many and he doesn't wan
any more.
Richard Nelson stated that he wouldn't have any control over
where the children play because they seem to play wherever
they want to. Also, he stated that he plans to build mostly
small affordable homes and only two 4-plexes.
Chairman Kearns closed the public testimony and turned the
meeting back to the commission for discussion or a motion.
Gerd reported that 25 percent of the lots can be used to
build multiple family dwellings. In R-2 only duplexes are
allowed.
Roy Quick reported that the zone change in that area was
made to control the construction of multiple family
dwellings and changing it back would defeat that.
Richard Pearson moved to recommend to the City Council to
not grant the application for a zone change to R-3 and that
the area remain R-2. Mary seconded the motion.
Roll call vote: Roy Quick, yes; Mary Harker, yes; Kent
Kearns, yes; Gayle Anderson, yes; Richard Pearson, yes.
AN APPLICATION BY RICHARD D. NELSON, 13032 MOONGLOW ROAD FOR
A REVIEW OF A PRELIMINARY PLAT OF NELSON SUBDIVISION, A
SUBDIVISION LOCATED NORTH OF LUCKY STREET.
Richard Nelson stated that he had no interest in offending
all of the people that signed the petition against the zone
change discussed earlier so he will drop his application for
the zone change and will construct his development under the
R-2 zoning.
Chairman Kearns asked Mr. Nelson to contact Ron Conlin at
the City offices and let him know that he can take the
application for zone change off of the Council agenda for
Tuesday, July 12, 1994 meeting.
Gerd reported that in the R-2 zoning because of the lot
sizes and amounts only two duplexes will be allowed to be
built in that subdivision.
Land Use and Development Commission
July 7, 1994
Page 4
Mr. Nelson also reported that another access out of his
subdivision could be constructed. However, because of the
location of his subdivision to Cottage Grove Subdivision,
Cottage Grove Subdivision would have to lose two lots in
order to construct the road.
Chairman Kearns opened the meting to public testimony.
Mike Bird, American Heritage Builders, stated that he is the
developer of Cottage Grove Subdivision. He reported that
the types of buildings being constructed in Nelson
Subdivision are not the same as those being constructed in
Cottage Grove Subdivision. He is willing to make any roads
the commission requires, but feels it would cost more than
it is worth in property and materials to build the road
through his subdivision.
Chairman Kearns closed the meeting to public comments and
brought it back to the commission for discussion or a
motion.
The commission discussed the access in and out of the
subdivision. It was decided that Lisa street would dead end
as a cul-de-sac street because Steve Smart felt that a road
will be built to Yellowstone because that is the only way
for the sewer to go.
Richard Pearson moved to recommend to the City Council that
they accept the preliminary plat with the provisions that
cash in lieu of park land dedication is collected, that Lisa
Street dead ends as a cul-de-sac street and that the 17 lots
are developed with the 10 percent duplex ration. Mary Harker
seconded the motion.
Roll call vote: Roy Quick, Mary Harker, yes; Kent Kearns,
no; Gayle Anderson, yes; Richard Pearson, yes.
AN APPLICATION BY AMERICAN HERITAGE BUILDERS, P.O. BOX 2684,
POCATELLO, IDAHO FOR A REVIEW OF A PRELIMINARY PLAT OF
COTTAGE GROVE, 1ST ADDITION. A SUBDIVISION LOCATED AT THE
NORTH END OF STUART AVENUE.
Chairman Kearns asked Mike Bird to report on his application
for preliminary plat review. Mr. Bird stated that he is
getting ready to develop a first addition to his Cottage
Grove Subdivision. He will be building smaller affordable
homes that will be sided instead of painted.
Land Use and Development Commission
July 7, 1994
Page 5
There was some discussion regarding a park in that
subdivision. However, Steve and Gerd pointed out that the
park would only be about 1/4 to 1/2 acre park. This
subdivision is near to Stuart Park and a church ball field.
There was also some discussion regarding the canal along the
back of the lots. Mike stated that he is putting up 6'
chain link fencing on the lots at the top of the canal bank
and he would be willing to give the canal property to the
City as it is useless for him. The commission and Steve
felt that this would be a good ideas as the City would own
the ground near the canal if the time ever came to pipe the
canal.
Chairman Kearns asked for public comments either supporting
or opposing this development. There was no public comment
so Chairman Kearns turned the meting back to the commission
for discussion or a motion.
Steve Smart also mentioned that the road named Mindy goes
north/south and west. The portion of Mindy that goes north
needs to be renamed.
Richard Pearson made a motion to recommend to the council
that they approve the preliminary plat for Cottage Grove 1st
Addition with the provisions that the developer install a 6'
chain link fence along the east side of the canal, that cash
in lieu of park land dedication is collected, that the west
portion of Mindy Street be re-named, that the north/south
road will potentially be connected to Siphon and that the
development is constructed in accordance with the 10 percent
duplex ratio. Pete Anderson seconded the motion.
Roll call vote: Roy Quick, yes; Mary Harker, yes; Kent
Kearns, yes; Gayle Anderson, yes; Richard Pearson, yes;
Peter Anderson, yes.
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AN APPLICATION BY JIM & RENAE WORTHEN, 730 E. CHUBBUCK ROAD
FOR A REVIEW OF A PRELIMINARY PLAT OF RENAE SUBDIVISION
LOCATED NORTH OF 242 AND 244 E. CHUBBUCK ROAD. PROPERTY IS
PRESENTLY ZONED INDUSTRIAL (I).
Steve mentioned to Mr. Worthen that it may be wise to have
three lots as he is developing the subdivision in three
phases and that the street will need to be named. Possibly
Clover Dell Street as it is part of Clover Dell Subdivision.
Land Use and Development Commission
July 7, 1994
Page 6
Chairman Kearns opened the meeting for public comments
either supporting or opposing the development. There were
none so Chairman Kearns turned the meeting back to the
commission for discussion or a motion.
Pete Anderson moved to recommend to the City Council that
they approve the preliminary plat for Renae Subdivision with
the provisions that they name the street Clover Dell Street
and that it be developed with three lots in three phases.
Gayle Anderson seconded the motion.
Roll call vote: Roy Quick, yes; Mary Harker, yes; Kent
Kearns, yes; Gayle Anderson, yes; Richard Pearson, yes; Pete
Anderson, yes.
AN APPLICATION BY TODD GILBERT & DARRIS ELLIS, 5914 MOSES,
CHUBBUCK, IDAHO FOR A REVIEW OF A PRELIMINARY PLAT OF
MOUNTAIN PARK ESTATES LOCATED BLOCK 9 LOT 17 AND BLOCK 5 OF
MOUNTAIN PARK SUBDIVISION, BETWEEN HILINE AND MOUNTAIN PARK
ROADS.
Steve mentioned that Mountain Park Road goes north/south and
east/west. The east/west section of Mountain Park Road
needs to be re-named. The developer can pick the name. The
developer intends to subdivide the two large lots on the
previous plat.
There was some discussion regarding the road intersecting
Hiline Road. Pete reports that the dirt blows everywhere
and the canal bank makes it hard to see onto Hiline Road.
It was decided that the road will need to be developed all
the way to Hiline and the bank will need to be cut back.
Chairman Kearns opened the meting for public comment
supporting or opposing the development. There were none so
Chairman Kearns turned the meeting back to the commission
for discussion or a motion.
Pete Anderson moved to recommend to the City Council that
they accept the Mountain Park Estates preliminary plat,
dividing two lots, with the provisions that the road is
first developed all the way to Hiline, the canal bank is cut
back, that the east/west section of Mountain Park Road be
renamed, that cash in lieu of park land dedication is
collected and that it is developed in accordance with the 10
percent duplex ratio. Mary Harker seconded the motion.
Roll call vote: Roy Quick, yes; Mary Harker, yes; Kent
Kearns, yes; Gayle Anderson, yes; Richard Pearson, yes; Pete
Anderson, yes.
Land Use and Development Commission
July 7, 1994
Page 7
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A PROPOSAL BY THE CITY OF CHUBBUCK AMENDING SECTION
18.12.020 (D) TO PROVIDE THAT BAY WINDOWS MAY EXTEND INTO
THE FRONT YARD SETBACK UP TO TWO FEET.
Chairman Kearns opened this meeting to public comment
supporting or opposing this ordinance amendment. There was
none so Chairman Kearns turned the meeting back to the
commission for discussion or a motion.
There was some discussion regarding what constitutes a bay
window. It was decided that it is a cantilever type window
and not the whole front of a building. The type of bay
window this ordinance refers to would not be put on a
foundation.
Richard Pearson moved to accept the changes made in section
18.12.030 (D) providing that bay windows may extend into the
front yard setback up to two feet. Gayle Anderson seconded
the motion.
Pete Anderson made a motion to change Richard's motion to
read that cantilever bay windows may extend into the front
yard setback up to two feet. Gayle Anderson seconded the
motion.
Roll call vote: Roy Quick, yes; Mary Harker, yes; Kent
Kearns, yes; Gayle Anderson, yes; Richard Pearson, yes; Pete
Anderson, yes.
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A PROPOSAL BY THE CITY OF CHUBBUCK AMENDING SECTION
18.20.030 TO DECREASE THE MINIMUM AREA REQUIRED FOR A
PLANNED UNIT DEVELOPMENT; ADDING SECTION 18.20.075 TO DEFINE
HOW DENSITY IS CALCULATED IN PUD.
Chairman Kearns opened the meeting to public comment
supporting or opposing the ordinance amendment. There were
none so Chairman Kearns turned the meeting back to the
commission for discussion or a motion.
Chairman Kearns stated that the density calculation is how
the density was determined and decided in Whitaker Farms and
they are trying to get it into an ordinance to prevent
arguments in the future against the density calculation.
Pete Anderson moved to adopt the ordinance amending section
18.20.030 to decrease the minimum are required for a planned
unit development; adding section 18.20.075 to define how
density is calculated in PUD. Mary Harker seconded the
motion.
Land Use and Development Commission
July 7, 1994
Page 8
Roll call vote: Roy Quick, yes; Mary Harker, yes; Kent
Kearns, yes; Gayle Anderson, yes; Richard Pearson, yes; Pete
Anderson, yes.
Chairman Kearns closed the public hearing portion of the
meeting.
GENERAL DISCUSSION
AN APPLICATION BY WHITAKER FARMS ASSOCIATION, 280 S. ARTHUR
FOR APPROVAL OF THE FINAL DEVELOPMENT PLAN FOR WHITAKER
FARMS.
Gerd reported that all of the items required have been
turned into him. He also recommended that two fire hydrants
be installed in this development
Mr. Jensen, the developer, showed the construction drawings
and development plans to the commission explaining that the
council requested him to leave in the possibility that there
may be a street stub through the development to the north.
He also explained that the units will be smaller than
originally planned. He also mentioned that if people want a
patio area or small garden area they will be able to have
that behind their own units.
Chairman Kearns felt that the street stub to the north
should be eliminated. However, Steve mentioned that the
council requested it so it needs to stay there.
Richard Pearson moved to recommend to the City Council that
they approve the final development plans for Whitaker Farms
PUD as they were submitted to the Land Use and Development
Commission. Pete Anderson seconded the motion.
Roll call vote: Roy Quick, yes; Mary Harker, yes; Kent
Kearns, yes; Gayle Anderson, yes; Richard Pearson, yes; Pete
Anderson, yes.
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A PROPOSAL BY THE CITY OF CHUBBUCK AMENDING SECTION 18.14 TO
CLARIFY THE AMOUNT OF LANDSCAPED AREA THAT MAYBE IN NON
GRASS OR GROUND COVER.
After some discussion and concerns Pete Anderson mentioned
that it would be a good idea for the Land Use and
Development Commission to meet in a joint session with the
City Council.
Land Use and Development Commission
July 7, 1994
Page 9
Pete moved to table this until a joint session with the City
Council and Land Use and Development Commission has been
had. Mary Seconded the motion. All voted in favor.
3. FINDINGS OF FACTS FOR RENAE WORTHEN.
Chairman Kearns stated that the changes that were requested
at the last meeting had been made.
Mary Harker moved to accept the findings of facts.
Anderson seconded the motion. All voted in favor.
Gayle
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DISCUSSION ON AN ORDINANCE TO CHANGE THE FEES FOR PLAT
REVIEW AND TO ELIMINATE THE REQUIREMENT THAT THE DEVELOPER
DISTRIBUTE COPIES OF THE PLAT TO PUBLIC UTILITIES AND
AFFECTED GOVERNMENTAL ENTITIES.
Steve Smart reported that this change is because some
developers do not deliver the plats and the utilities do not
receive them until the day of the utility review meeting.
If the City is in charge of this delivery it will ensure
that the plats are delivered to those who need them.
Pete Anderson moved to accept the changes in the ordinance
to raise the fees and have the City personnel deliver the
plats to the utilities and affected governmental entities.
Mary Harker seconded the motion. All voted in favor.
Mary Harker moved to adjourn the Land Use and Development
Commission meeting at 10:30 p.m. Gayle Anderson seconded
the motion. All voted in favor.
M'~elle Miller,'~ecretary
Kent Kearns, Chairman
CITY OF CHUBBUCK
LAND USE AND DEVELOPMENT COMMISSION
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
This matter having come before the Commission for public hearing pursuant to
public notice as required by law, on July 7, 1994, upon the application of Anna Palmer
(hereinafter referred to as "applicant") for a conditional use permit to operate a home
day care on the real property located at 250 Stuart and the Commission having heard
testimony from interested parties and being fully advised in the matter, now makes the
following:
above.
FINDINGS OF FACT
1. Applicant has applied for a conditional use permit as particularly described
2. All legal requirements for notice of public hearing have been met.
3. The property in question is zoned Limited Residential (R-2) pursuant to the
Land Use Ordinance of the City of Chubbuck.
4. The property is designated as Limited Residential (R-2) in the duly adopted
Comprehensive Plan of the City of Chubbuck.
5. Relevant criteria and standards for consideration of this application are set
forth in Idaho Code section 67-6512 and in Chubbuck Code section 18.28.040 (C).
6. The facts relevant to an evaluation of the relevant criteria and standards are as
follows:
A. Home has been inspected by Fire Chief/Building Inspector,
Cary Campbell.
B. No one opposed the application.
C. A need for day care facilities exists in the community,
particularly after school care.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and
Development Commission hereby enters the following:
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION • Page 1
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CONCLUSIONS OF LAW
1. The use for which the permit is sought will not be injurious to the
neighborhood or otherwise detrimental to the public health, safety or welfare.
2. The permit sought will not produce an adverse impact on the economic
values of adjacent properties.
3. The permit sought will not produce a negative impact on transportation
facilities, public utilities, schools, public parks, or the natural environment any greater
than had the strict terms of the Land Use Ordinance been complied with.
4. The noise and traffic conditions generated by the use for which the permit
is sought, when analyzed in conjunction with the noise and traffic conditions now existing
does not indicate that the permit should be denied.
5. The use for which the permit is sought shall not work an unreasonable
hardship upon surrounding property owners by virtue of its physical natures or by the
impact of changes made in the landscape of the land.
6. The aesthetic qualities of the proposed use will not conflict with aesthetic
qualities of the surrounding lands.
7. The adverse impact of the proposed use on other development within the
City has been minimized by Applicant as much as is reasonably possible.
8. Owners of adjacent property have expressed neither approval nor
disapproval of the issuance of the requested conditional use permit.
9. The requested conditional use permit, if granted, should be maintained
subject to the conditions set forth below.
DECISION
1. The Land Use and Development Commission, pursuant to the foregoing, finds
that the request of the applicant should be approved.
2. The following conditions, if any, are hereby imposed upon the granting of said
conditional use permit and applicant, by taking advantage of said conditional use permit
agrees to the imposition of the same:
A. Applicant and the property must comply with the City Codes
and regulations for day care.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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B. The basement cannot be occupied at any time for day care
use.
3. The conditional use permit requested by the Applicant is granted, subject to
the foregoing conditions.
DATED this ) sf day of Se1a�, , 1994.
LAND USE AND DEVELOPMENT COMMISSION
By: /-X
Chairman
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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