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HomeMy WebLinkAbout003 03 94LAND USE AND DEVELOPMENT MEETING March 3, 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: Myrna Cain, Pete Anderson, Mary Harker, Gale Anderson, T. Kent Hill, Richard Pearson; Council representative Steve England, Project Engineer Gerd Dixon, Public Works Director Steve Smart and Secretary Myrna Crapo. Chairman Kent Kearns called the meeting to order at 8:00 PM. Chairman Kearns asked for approval of the minutes of the February 3, 1994 meeting. Chairman Kearns asked that the day of the approval of minutes be changed to January 6, 1994. Myrna Cain approved the minutes with Gayle Anderson seconding. All voted in favor. Chairman Kearns asked if any of the commission members had a conflict of interest. There were none. PUBLIC HEARING: AN APPLICATION BY CALVARY CHAPEL, 5147 Whitaker Road for a CONDITIONAL USE PERMIT TO ALLOW A CHURCH and allow construction of an additional building at 5147 Whitaker Road, property is zoned limited Residential. (R-2). The staff discussed the easement for the road going to the tracks being required now. There is a 50' easement. Lew Phelps, paster of Calvary Chapel explained the crowded conditions and the need to add a building, increase the parking and provide for handicapped parking. The paved lot would go part of the way in the back. They now have three services in the morning and one in the evening on Sunday; plus Wednesday night services. The radio station has three full time people employed. Hiway Avenue does not line up with the easement. They would like to start building within the next two months. Chairman Kearns opened the meeting to public comments: Rick Keller, 5215 Whitaker, he lives less than 150' to the north of the church. They are good neighbors and a good addition to the community. There is a concern for the safety of the children while on bikes or walking down the road with cars being parked on the road. The parking in back would take care of this problem. He would like to see Hiway avenue extension considered at this time. Land Use and Development Commission Page 2 March 3, 1994 Ellen Kunz, 5157 Whitaker, is a neighbor living next door and has never had a problem with children from the church. They would like to see it issued. They were the original builders of the property and gave an easement to the city of 50' from Whitaker to Hiway Avenue if the city could get the cooperation of the railroad. Dean Harding, 5131 Whitaker. They are good neighbors. The traffic congestion is bad and he would like to have a road going through to relieve the traffic congestion. Chairman Kearns closed the public comment and opened to the commission for discussion. The commission then discussed: 1. Getting road across Hiway avenue done now. 2. Fire and police access would be faster with Hiway extended through. 3. Developing the road now or later. The need to require a road now because it is triggered by this application. 4. Leaving the easement as it is right now. 5. Expense to develop the road being borne by the Calvary Chapel. 6. Needing railroad consent to extend over the tracks. 7. The church not building over the easement. 8. Property on Hiway Avenue helping with the road. 9. Whether or not to require construction of the road in the existing easement. Steve England made a motion that we approve the conditional use application of the Calvary Chapel with the discussion that we had tonight; leaving the easement and getting the required parking. Mary Harker seconded the motion. Roll call vote: Myrna Cain, yes; Pete Anderson, no; Steve England, yes; Kent Kearns, no; Mary Harker, yes; Gale Anderson, yes; T. Kent Hill, no; Richard Pearson, yes. A PROPOSAL BY J N Y PARTNERSHIP, 416 S. 4TH, POCATELLO, FOR A CHANGE IN LAND USE DISTRICT UPON REQUESTED ANNEXATION TO LIMITED RESIDENTIAL (R-2) for approximately 22.5 acres and Commercial (C-l) for 1.8 acres. Property located West side and in the 12000 block of N. Hiline; west 1/2 of the NW 1/4 and the SW 1/4 of the SW 1/4 of section 35., T.5S., R34E. B. M. Steve Smart informed the commission that this piece of property was not contiguous to the city, so it creates a problem. We may not be able to annex it. Land Use and Development Commission Page 3 March 3, 1994 Chairman Kearns opened the hearing for pubic comment. Tim Shurtliff, 4943 Redfish told the commission about the location and what they wanted to do. The commercial part would probably not be a retail outlet. They would extend water and sewer lines from the city to the development. They would like it annexed into the city. The commission discussed: 1. The need to let the council decide on this as there is a question on whether we can annex it. 2. The comprehensive plan designates the whole area as R-2. Pete Anderson made a motion that we pass this on to the City Council without a recommendation until further legal research can be done on the annexation question. We don't feel this commission can made a recommendation. Mary Harker seconded the motion. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Steve England, yes; Kent Kearns, no; Mary Harker, yes; Gale Anderson, yes; T. Kent Hill, yes; Richard Pearson, yes. AN APPLICATION BY J N Y PARTNERSHIP FOR A REVIEW OF A PRELIMINARY PLAT OF HOMESTEAD ESTATES SUBDIVISION, a subdivision located on a tract of land on the west side and in the 12000 block of N. Hiline Road. Steve Smart told the commission that they would have a 16" water line; but there would be no looping of the lines. The city could control the development by annexing it and requiring it to be developed by city standards. A satellite fire station (with a brush truck and tanker) would be needed; in order to keep our fire insurance rating lower and keep the residents insurance costs down where it is now. Tim Shurtliff explained the development to the commission. There would be 90 to 95 foot lots. They would like to share the cost of the water lines with other developers and with the city. The streets would be built without curb and gutter because of the storm water problem in the area. The area is non- conducive to dry well. They would have set in sidewalk with 6' planter (lawn) area and 1' swales for the water to run into. Land Use and Development Commission Page 4 March 3, 1994 There would be 47 lots in the 1st phase with the development of 20 of them. The park would be approximately 5 acres in size and placed in the corner to allow a similar piece being added from the next subdivision developed in the area. The direct traffic would go out to Tyhee and Hiline. The meeting was opened to public comment: Richard Nelson, 13032 Moonglow was an investor in the subdivision. The road would be 60' instead of the 50' required by the city. The green way would be 1 1/2 feet of gravel on one side and 4 or 5 feet of green grass. They needed to get an easement from their neighbors Randy Merica or Glen Marshall and so far didn't have one. If they couldn't get an easement their alternate route for sewer and water would be down Siphon Road back up to Hiline and then back down to their roads with a pressure line. Water and sewer plans haven't been decided yet. The fire station desired land was land that he was going to use to build him a home plus a commercial garage for his equipment he used for construction work for its storage and maintenance. They would sell the lot for the satellite fire station to the city. Cary Campbell, Fire Chief informed Mr. Nelson that they did not need the whole lot just a small portion of two lots. The public portion of the meeting was closed and it was opened up to the Commission. 1. City could collect connection fees for a short time from other developers. 2. The need for a swale along the side of the road for run off water. 3. Percentage of development within the subdivision that would trigger full development of the park. 4. Fire station being required because of the affect on city fire insurance ratings. 5. 16" water line needed on all arterial roads. 6. Lift Station used for their sewer lines to pump them into the city lines. Land Use and Development Commission Page 5 March 3, 1994 Pete Anderson made a motion to recommend approval of the preliminary plat with the following conditions. 1. The street names of Oregon Trail and Sun Bonnet be changed to Billy Lane and Manning Lane as recommended by the city staff. 2. That the park be developed in phases consistent with the development of the subdivision. The park with as many homes as they are putting in their 1st phase 3. Some type of a hook-up-fee arrangement be worked out for future development that would tie into the water and sewer lines extended to that area and 4. The designation of property in the subdivision for a satellite fire station. If the city decides at a later date, which would probably not be likely, that they do not need that property then it would be returned back to the developer and he could develop it as he sees fit. Myrna Cain seconded the motion. Roll Call Vote: Myrna Cain, yes; Pete Anderson, yes; England, yes; Kent Kearns, yes; Mary Harker, yes; Anderson, yes; T. Kent Hill, yes; Richard Pearson, yes. Steve Gale A PROPOSAL BY HAROLD L. SCALF, 5047 ELIZABETH AVENUE CHUBBUCK FOR A CHANGE OF LAND USE DISTRICT FOR VISTA PARK SUBDIVISION IN THE WESTERLY PORTION FROM AGRICULTURAL (A) to single family residential (R-I). Located on a tract of land North and West of Johannsen place. Steve Smart explained to the commission that the staff had recommended putting the park in the bottom of the flood plain. Harold Scalf, 5047 Elizabeth, reviewed with the commission what he was planning to do. Garden Drive would be connected with Tree Valley Road. The meeting was opened for public comment, there being none it was turned to the commission for discussion. Chairman Kearns pointed out that R-1 was the designation of the comprehensive plan for this area. Mary Harker moved to accept this plat to change the zoning from Agricultural to R-1 for purposes of looking at this plat. Myrna Cain seconded. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Steve England, yes; Kent Kearns, yes; Mary Harker, yes; Gale Anderson, yes; T. Kent Hill, yes; Richard Pearson, yes. Land Use and Development Commission Page 6 March 3, 1994 AN APPLICATION BY HAROLD L. SCALF, 5047 ELIZABETH AVENUE, CHUBBUCK FOR A REVIEW OF PRELIMINARY PLAT OF VISTA PARK subdivision, a subdivision located on a tract of land North and West of Johannsen place. Request also to vacate the northerly 117' of Johannsen Place. Property is presently zoned single family residential (R-l) and Agricultural (A). Harold Scalf, 5047 Elizabeth Avenue explained to the commission that the quality of construction will be the same as those in the area. The intent is to carry Buffalo Road over to Hiline. If the property is acquired that he is trying to purchase, it would be a 2 to 2 1/2 acre park. Chairman Kearns opened the hearing for public comment: Scott Beech, 4879 Johannsen Place asked if he would have to pay any of the cost on developing the curb, gutter and sidewalk. If the road went through the traffic would be close to his house and he was not in favor of it being there by his home. He also asked if having animals would be affected by the development. Steve Smart informed the commission that the drainage ditch needs to be piped for Little Pocatello Creek to Garden Drive. Either the city or the developer needed to do it. The street names on a 90 degree street need to have a different designation such as north-south and east-west. Tim Shurtliff, 4934 Redfish, lives on a street where the name changes as the street goes around a bend and people have a hard time finding his place. They should continue with the same street name when the road continues. The public input was closed and turned to the commission for discussion: 1. The need for a park in place of a lieu of cash. 2. Changing street designations on a 90 degree bend. T. Kent Hill moved that we accept the preliminary plat with the condition that there be a park included and that the piping under the street being taken into consideration at the city as to how it is going to be done that it will be considered in there. Mary Harker seconded. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Steve England, yes; Kent Kearns, yes; Mary Harker, yes; Gale Anderson, yes; T. Kent Hill, yes; Richard Pearson, yes. Land Use and Development Commission Page 7 March 3, 1994 AN APPLICATION BY JOHN P. MARSHALL, P.O. BOX 250, POCATELLO FOR A REVIEW OF PRELIMINARY PLAT OF KASISKA SUBDIVISION, west of 4400 and 4500 block Hawthorne Road. Property is presently zoned Limited Residential (R-2). John Marshall, 480 Tewa, the original plat was submitted 10 years ago. The second street off of O'Leary would go through the existing park. He reviewed the minutes of ten years ago. The lots would average 70' to 75' frontage and would be built similar to the Misti Manor Subdivision. The lots would be bigger and the 1st phase would be Beech street. The park would be cash in lieu of land. The second access could possibly be changed to go through the school district property with an extension of Deer Avenue. The meeting was opened to public comments. John Oborn, 4511 Hawthorne reviewed the deeded lot requirements for Chase Park. There is a 10' easement in the back of their property and they would like to buy additional property to give them more depth. Fort Hall water runs by their homes. There would probably be an addition 125-130 lots making Chubbuck School even more crowded. There would be only 130 homes for two entrances. The residents in the area are unhappy because they didn't receive notification of the proposed plat. Chairman Kearns assured Mr. Oborn that the city ordinances had been followed and that we were not required to send letters because it was not a zoning change. There is a need for a park at the end of the subdivision. Ginger Anderson, 716 Bonanza, lived on the corner of Tahoe and is worried about the increased traffic. This would make the park on a busy road and children safety is a concern. She likes to be able to watch her children when they play in the park. She is opposed to duplex's and low income housing. Del Butler, 770 Pinewood, children make up a large portion of the population in that area. The streets are not made for larger flow of traffic. He is not opposed to development but the access is a concern· Michelle Greeson, 731 Pinewood, just moved into their home two weeks ago. The road will be next to their house and they are opposed to it. Land Use and Development Commission Page 8 March 3, 1994 Joel Turner, 4449 Hawthorne, We need an access from the subdivision into another subdivision. He is opposed to this subdivision. We need to address fire protection for this area. Jana Brian, 4574 Tahoe, lives next to Chase park. The streets are narrow in the area and most people who live there have two cars, with one parked on the street. Will the canal be fenced to the bridge. There is a concern about how it will be fenced. There is a problem with fire accessibility for fire trucks with this crowded street and more houses. Terry Greeson, 731 Pinewood is a new resident in the area. He would like to have the park left as it is as a road would destroy it. The road would be 40' from his home. Carla Cawley, 525 Alpine, the traffic going out Alpine would be heavy. They are concerned about having to pay for gutter and sidewalks. With that road she would not have any privacy and likes it as it is now. Beverly Hewett, 4501 Hawthorne, the intersection where Alpine comes into Hawthorne is by the underpass and that little hill makes it hard to see. It could be a potential hazard for so much traffic. Terry Oborn, 4511 Hawthorne, doesn't want duplex's in the area. They like the small town feeling of Chubbuck and are afraid that they will lose it. Julie Manicini, 4573 Tahoe, the increased traffic is a concern for the safety of her 5 year old. Dell Butler, 770 Pinewood, the character of the street makes a tight clearance for cars. There are no sidewalks so you have to walk in the road. John Marshall, 480 Tewa, he is not required to have a second access. His development is not contingent on a second access. Chairman Kearns closed the public portion and opened it to the commission. The commission discussed: 1. The need to require a park in lieu of cash. 2. School district property being used for a road 3. Not being able to deny a person access to his property. 4. Mr. Marshall needs to check with the school district if he can get access to his property. 5. The need for a second access. 6. Duplex's being allowed Land Use and Development Commission Page 9 March 3, 1994 Mary Harker made a motion that we accept this plat but not as designated with the provision that 1. a second access out of this plat be found through the school district 25 property and on condition that be arranged. 2. The lots be larger and would accommodate single family homes for the most part with the potential of duplex's or other multiple family dwelling no more than 10% as prescribed by law. 3. That a tot lot with the designated size be put in at the end of the subdivision and adjoining to perhaps lots 2, 3, 4 of block 8. Pete Anderson proposed an amendment to read that the actual preliminary plat be brought back to this commission. Mary Harker accepted the amendment. Pete Anderson seconded it. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Steve England, yes; Kent Kearns, yes; Mary Harker, yes; Gale Anderson, yes; T. Kent Hill, yes; Richard Pearson, yes. AN APPLICATION BY ROY J. LA¢iEY, 12411 N. COREY LANE, FOR A REVIEW OF PRELIMINARY PLAT OF ESPIE 2ND ADDITION, corner of Mathew Street and Rodney Street. Property is presently zoned Single Family Residential (R-i). Tim Shurtliff, 4942 Redfish represented the developer explained that this was the 3rd phase of the plat. The stub out was removed from lot 16 and the park location was put at the end of subdivision on request of the council. The meeting was opened for public comment, there was none so it was opened to the commission. Pete Anderson moved that we recommend the city accept the preliminary plat for the 2nd addition of the Espie Addition. Myrna Cain seconded. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Steve England, yes; Kent Kearns, yes; Mary Harker, yes; Gale Anderson, yes; T. kent Hill, no; Richard Pearson, yes. GENERAL BUSINESS: The commission discussed moving the time of their meeting to 7:00 pm. They also discussed better public hearing notification to the people affected. Land Use and Development Commission Page 10 March 7, 1994 Discussion on a proposed ordinance to enlarge the required radius of the circular turn around in a Cul-de-sac street to 55 feet. Richard Pearson moved to go to legal ad. Pete Anderson seconded with all voting in favor. Discussion on a proposed ordinance to change the time written testimony must be filed before the Land Use Commission. Pete Anderson moved to go to public hearing notice with the change from six to seven days. Ga¥1e Anderson seconded with all members voting in favor. Discussion on a proposed ordinance to delete the provision for interest being charged on reserve strips. The commission discussed the reason for this ordinance. Pete Anderson moved to go to public hearing, Mary Harker seconding with all voting in favor. Discussion on a zero lot line. After a discussion Richard Pearson moved to table this until the next meeting with T. Kent Hill seconding. Steve England moved to adjourn at 11:40 pm with Pete Anderson seconding. -~K~nt ~earns, Chairman Myrna 'CrA~5o, Secret~ry