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HomeMy WebLinkAbout005 05 94LAND USE AND DEVELOPMENT MINUTES May 5, 1994 Minutes of a regular meeting of the Land Use and Development Commission held in the city municipal building. Present: Chairman Kent Kearns, Commission Members: Myrna Cain, T. Kent Hill, Pete Anderson, Gayle Anderson, Attorney Tom Holmes, Project Engineer Gerd Dixon, and Secretary Myrna Crapo The meeting was called to order at 8:15 p.m. Chairman Kent Kearns had a correction, The motion and second was missing from the minutes of March 3, 1994. Myrna Cain moved to accept the minutes with Gayle Anderson seconding. All voted in favor. Chairman Kearns asked if any of the commission members had a conflict of interest with any of the five items for public hearing. There was none. PUBLIC HEARING: 1. A PROPOSAL BY MICHAEL BUCHANAN/SELVY TRUJILLO, 1233 YELLOWSTONE AVENUE, POCATELLO, IDAHO FOR A CONDITIONAL USE PERMIT FOR A USED CAR SALES at 4455 Yellowstone Avenue. Property is presently zoned (C-2). Gerd Dixon reviewed the staff report. They are required to have two paved parking spaces and 10 feet of green area. Michael Buchanan, 1534 Bench Road. He would be willing to pave the parking spot but would like to keep all of the curb cuts. Mr. Buchanan wanted the curb cuts along West Burnside without 10' green area. He has some bids for the area with slag being put on top and then rolled and oil placed on top of that. Chairman Kearns opened the meeting for public testimony. There was none so it was opened to discussion by the commission. The Commission then discussed: 1. The sketch needs to be revised to show public access and to better identify that area which needs to be paved and the number of parking spaces. 2. Our current ordinance concerning landscaping should be complied with. Pete Anderson expressed concerns with trees every 10' along Yellowstone. This would block vision of the cars and would create a problems with birds droppings on the cars. Land Use and Development Commission Page 2 May 5, 1994 3. We could require the equivalent number of tree be provided in a cluster arrangement on Yellowstone. Pete Anderson made a motion to approve the conditional use permit for Michael Buchanan, Selvy Trujillo to operate a used car sales lot at 4455 Yellowstone with the following conditions: 1. The existing slag surface be compacted and sealed with some type of dust retardant chemical. 2. Parking be provided in compliance with our ordinance. 3. Landscaping be provided in compliance with the ordinance with the exception that the equivalent number of trees be placed in a cluster type arrangement as opposed to 50' intervals. Myrna Cain seconded. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Kent Kearns, yes; Gayle Anderson, yes; T. Kent Hill, yes. 2. AN APPLICATION BY DUSTIN WHITED/LARRY RATLIFF, 207 BRISCOE ROAD, CHUBBUCK~ IDAHO FOR REVIEW OF A PRELIMINARY PLAT OF PROPOSED BRISCOE MEADOWS SUBDIVISION, located on 200 block of Briscoe Rd. Gerd Dixon explained that lot 2 violated the statue for Ordinance #390. Lots can only have depth to width ration of 1 to 2. This lot can only be 200 feet deep. The ordinance requires that property developed have curb, gutter and sidewalk along the front of the property and Whited's are seeking an exemption from that requirement. Dustin Whited, 719 Bonanza~ wants to have a waiver on the curb and gutter, as there are none existing on the entire street. There would be 44' feet for a private driveway and lot #1 will be deeded to him. The road would be a private road leading into his property. They will cut off lot #2 at 200' deep and the remaining piece will be put on lot #1. Chairman Kearns opened the meeting for public comment: Bill Gaskins, 271W. Siphon. His land adjoins on the north and he has three acres. Mr. Gaskins doesn't object %o the subdivision but is concerned about the use of his land for keeping livestock. Chairman Kearns told him that as long as he owned the land he could have livestock in accordance with the current ordinance. Ray Coles, 227 Briscoe is in favor of the subdivision as it will get rid of the weed patch that is there now. He doesn't have curb and gutter at his place. Land Use and Development Commission Page 3 May 5, 1996 Edith Reed, 156 Briscoe was concerned about the ditch and and getting irrigation water. The ditch is within the easement and they will get their water. Chairman Kearns brought the discussion back to the commission. Gerd Dixon told the commission that none of Briscoe has been platted. The pepculation should be the same as Paradise acres with the gravel close to the surface. Chairman Kearns expressed concern about curb, gutter and sidewalk being waived. We need to have them unless there is a problem that prevents having it. The commission then discussed: 1. Park dedication money and the need to have a park in that area; but with the size of the lots there will be enough room for the children to play on the lots. 2. The commission wondered if the fire chief had any problems with the subdivision, they were informed that because of the location of the fire hydrant in the middle of the front there was no problem. Lyman Whited, 207 Briscoe, told the commission that he prefers to not have any curb, gutter, and sidewalk. Charles Collins, 156 Briscoe since there is no curb and gutter at any of the homes why require it now. 3. Attorney Tom Holmes explained our problem in the past with waiving sidewalks, etc.. There has been a discussion on having a design standard for areas with just sidewalks and having grass for a drainage. 4. If the ditch is adjacent to the right-of-way it will create a problem for the curb, gutter and sidewalk. 5. The road being in question as to where the road right of way is located. 6. If we waive the curb, gutter and sidewalk there needs to be some type of financial compensation to the city for allowing that development to go in without it. Land Use and Development Commission Page 4 May 5, 1994 Larry Ratliff, 750 McKinley, one year ago he looked at this property and decided to develop it. They could have put in 13 lots but it was not consistent with the rest of the neighborhood. He wanted to maintain the neighborhood the way it is. 7. Briscoe Road will be chipped and sealed this summer 8. Leaving the area as it is now and not requiring curb, gutter and sidewalk. Don Curtis, 953 Tanager an L.I.D. was done in his area and he would like Briscoe left as is. Gerd Dixon told the commission that the comprehensive plan shows the road going through to Hawthorne. Myrna Cain moved to recommend that we grant the review of the preliminary plat to Dustin Whited and Larry Ratliff waving the sidewalk, curb and gutter. Gayle Anderson seconded. Roll call vote: Myrna Cain, yes; Pete Anderson; no, Kent Kearns, no; Gayle Anderson, yes, T. Kent Hill, yes. AN APPLICATION BY DUSTIN AND HOLLY WHITED, 207 BRISCOE ROAD, CHUBBUCK, IDAHO FOR A CONDITIONAL USE PERMIT TO PLACE A MANUFACTURED HOME, ON LOT #1, PROPOSED BRISCOE MEADOWS SUBDIVISION, (200 BLOCK OF BRISCOE ROAD). PROPERTY IS PRESENTLY ZONED (R-2). Dusty Whited, 207 Briscoe explained to the commission that he would be putting a 26 X 60 double wide manufactured home on a permanent foundation. Chairman Kearns opened the meeting for public testimony there being none it was opened to the commission for discussion. Pete Anderson moved to grant the conditional use permit with the condition that it complies with all city ordinances and is reviewed by the city building inspector. This conditional use will be transferrable. Gayle Anderson seconded. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Kent Kearns, yes; Gayle Anderson, yes; T. Kent Hill, yes. Mr. Whited asked if he could get a building permit tomorrow as he has already sold his home and need to get started. Chairman Kearns informed Mr. Whited about the 25 day appeal process and that any development he put in before that time would be a gamble. Land Use and Development Commission Page 5 May 5, 1994 AN APPLICATION BY DONALD AND BRENDA CURTISS, 953 TANAGER, POCATELLO,IDAHO FOR A CONDITIONAL USE PERMIT TO PLACE A MANUFACTURED HOME ON FOUNDATION ON LOT #2, PROPOSED BRISCOE MEADOWS SUBDIVISION, (200 Block of Briscoe Road). Property is presently zoned (R-2). Donald Curtis, 963 Tanager explained that he wanted to place a class II production dwelling 26 X 60 on this property. He would like to build a home but can't get a loan for a year to build it himself. Chairman Kearns opened the meeting to public discussion, there was none so the meeting was opened for commission discussion. Myrna Cain moved that we grant the conditional use permit to Donald and Brenda Curtis to locate a manufactured home on a permanent foundation on Briscoe and that it be built to class II production standards. The conditional use permit will be transferrable. T. Kent Hill seconded, with a roll call vote: Myrna Cain, yes; Pete Anderson, yes; Kent Kearns, yes; Gayle Anderson, yes; T. Kent Hill yes. A PROPOSAL BY THE CITY OF CHUBBUCK AMENDING SECTION 18.16.040 TO CHANGE THE PERSONNEL ON THE DESIGN REVIEW COMMITTEE. Tom Holmes explained the reason for this change. Currently the design review's are being done at staff meeting time, That needs to be changed. The commission discussed changing the ordinance to read at the call of the city clerk instead of the mayor. Pete Anderson suggested that a set time be provided, and suggested that it be at the city staff weekly meeting prior to the city council meeting. After discussing the changes it was decided that changing the call of the mayor to the call of the city clerk would not require republishing but if a set time was added to the ordinance we would need to republish. Chairman Kearns opened the public hearing for public comment there being none it was turned over to the commission. Pete Anderson moved we recommend adoption of this ordinance with the change at the call of the city clerk. Myrna Cain seconded, all voted in favor. Land Use and Development Commission Page 6 May 5, 1994 GENERAL BUSINESS: An update by Paul Jensen on Whitaker Farms P.U.D. Keeven Shropshire, 67 Greenwood represented Mr. Jensen who was unable to attend. Mr. Shropshire showed the commission four proposed roadways for the P.U.D. 1. Self contained roadway access within the P.U.D. 2. Road connecting to Chubbuck Road. (BPO wasn't in favor of having another road that close to Whitaker Road.) 3.Road to Siphon Road on the north. 4. Roadway connecting all the way through from Chubbuck to Siphon. Phase I will be done this summer and phase II will be done either in the fall or early spring. They need to know where the roads will be required so they can plan their development. The commission then discussed: 1. Creating a Cul-De-Sac 2. How to have a contained development 3. Creating another street that close to Whitaker Road Discussion on a proposed ordinance to decrease the minimum area required for a planed unit development. Attorney Tom Holmes informed the commission the background on this proposed ordinance and the reason for smaller minimum areas. Boise had a P.U.D. ordinance that we used for part of these changes. A residential development - No Minimum spaces was discussed. A one lot P.U.D. needed to conform with rules in the area. It will be possible for an 8 plex to go into the Bunce subdivision on two lots of 21,000 sq. feet total with the new formula. The commission discussed: 1. The need for a better density formula. 2. Cleaning up our ordinance and not revamping it. 3. Having a solid formula that is easy to figure. 4. If we make an ordinance change to have it 3 acres instead of the proposed 1 acre. 5. The ordinance needs to read infill exclusive of section 6. In R-1 straight town houses where there is an ownership o~ property. Setting up a town house situation as opposed to apartments. 7. Infill subject to conditional use 8. Need to be compatible with the area. Land Use and Development Commission Page 7 May 5, 1994 The commission would like to look at the P.U.D. ordinances from Boise and other areas. Pete Anderson moved to table this item until the next meeting. Myrna Cain seconded with all voting in favor. Discussion on a proposed ordinance to provide bay windows may extend into the front yard setback up to ten feet. The commission discussed the ordinance and felt that decks, eves and overhangs should be included in a 2' maximum. They felt that any architectural cantilever projections cannot extend over 2' that is not self supporting. Attorney Tom Holmes wanted to discuss the information that the commission had brought up with Cary Campbell. Pete Anderson moved to table this item until the next meeting. Myrna Cain seconded with all voting in favor. Discussion on a proposed ordinance to provide for a three year warranty period on improvements dedicated to the public· The commission discussed: 1. One year not being long enough to see the problem surface. 2. Extending the period driving the cost up. 3. The reason for this change in part was a dry well in Heritage West subdivision. Peter Anderson moved to go to public hearing and extend a special invitation to Frazier, Hunzikers, Bannock Paving and B & C to come to that meeting. T. Kent Hill seconded the motion with all voting in favor. Myrna Cain moved to adjourn with Gayle Anderson seconding at 10:30 p.m. ~'ent ~earns, Chairman Myrna br~o, Secreta~