HomeMy WebLinkAbout002 02 84LAND USE & DEVELOPMENT COMMISSION MINUTES
February 2, 1984
Minutes of the regular meeting of the Land Use and Development
Commission held in the city municipal building February 2,
1984.
Present: Chairman Pete Anderson, Commission Members: Thomas
Nield, Robert Allen, Richard Allen, Dee Stalder, Janet Williams,
Myrna Cain and Sue Parrish. City Attorney Bi Lynn Winmill,
Public Works Director Steven M. Smart and Secretary Dorothy
Ward.
Meeting called to order at 8:00 p.m. by Chairman Anderson. He
also welcomed Sue Parrish as a new member of the commission.
Chairman Anderson asked for any additions or corrections to the
minutes of January 5, 1984, an error had been made on the
bottom of front page, should read .... arterial road with 80
foot right-of-way. Janet Williams made motion to accept
minutes as corrected. Myrna Cain seconded motion, with all
commission members voting in favor.
PUBLIC HEARING ITEM:
1. PROPOSAL BY AUTUMN DEVELOPMENT AND CONSTRUCTION, INC., SALT
LAKE CITY, UTAH, REQUESTING A CONDITIONAL USE PERMIT FOR A RETIREMENT
apartment project at 1052 West Quinn, Chubbuck, Idaho. Property
is presently zoned General Residential (R-2).
Chairman Anderson asked Steven Smart for an explanation of the
request for a conditional use permit. Mr. Smart explained
that under Ordinance #246, Multiple Household Dwellings are
required to have a conditional use permit~in a General Residential
(R-2) area. This area is zoned General Residential (R-2) and in
the Comprehensive Plan it shows the area to develop commercially,
which would also require a conditional use permit.
Chairman Anderson asked Mr. Garth Briggs, President, of Autumn
Develpment and Construction, Inc., to review with the commission
the development.
Mr. Briggs stated they had several of the apartment complexes in
other areas and they had served a real need in the communities.
He said they would be independent apartments of one, two and
three bedrooms. There would be a large club house and meals
would be served to those so desiring. One meal a day would be
included in the rent, so that renters would be receiving one
nutritional meal each day. Mr. Briggs stressed that it would
not be a nursing home type structure. He said that their aim
was to keep people active by encouraging activity.
P~BLIC HEARING -AUTUMN DEVELOPMENT & CONSTRUCTION~ INC. continued
Thomas Nield asked Mr. Briggs about the construction of retirement
center. Mr. Briggs said it would be of white stucco with
bartile roof. He said they hoped to start construction in April
and have it open by November.
Sue Parrish expressed concern about the parking area, she was concerned
that a fire truck would not be able to turn around.
Chairman Anderson stated that testimony would be taken, alternating
for and against the project.
Noall Streeper, 658 South 9th, Pocatello, Idaho, said he was interested
in seeing the project go in, not only that he had arranged the
sale, but he felt there was a real need for it in the community.
Brent Morgan, Attorney for Mr. and Mrs. Wilford Stratten, 1020
West Quinn Road, said he was appearing in their behalf to
protest the project. He said the Stratten's had built their home
about eleven years ago in what they felt was primarly a rural
area, they had anticipated other developments of single family
residence but had not expected to be surrounded by commercial
development and multiple family units.
Mr. Morgan asked that before the conditional use permit be granted
the commission review Ordinance #241, Section 7-4: Conditional
Use Permits, (c) Criteria and Standards, (1) and (2) page 41,
to insure that criteria in Land Use Ordinance has been satisfied.
He said the objective of zoning is to require development not
be injurious to neighborhood and put undue economic hardship on
other residence.
Mr. Morgan also questioned if all people within the 300 feet, required
by the Land Use Ordinance had been notified.
Attorney Winmill questioned Mr. Streeper as to where he had procurred
the names that notice was sent to. Mr. Streeper said that
Pioneer Title had supplied the information.
Attorney Winmill stated record should state that according to the
survey presented by applicant, property on Ronald Road is more
than 300 feet, however~Mr. Stratten's original survey shows
exactly 300 feet; but ~eto a boundry line dispute he lost 12½
feet. However he would suggest to commission only obligation
applicant has is to send notice to those people of record, unless
there is some evidence of the boundry dispute resolved and some
evidence to'show that Mr. Stratten had lost 12½ feet and those
12½ feet are included, we have no evidence to show the people
on Ronald ROad would be included in the 300 feet. There was
evidenCe that some people from Ronald Road had received some
notification as there was several families in attendance.
PUBLIC HEARING - AUTUMN DEVELOPMENT & CONSTRUCTION, INC. continued
Bob Mitchell, 1418 Golden Gate, Pocatello, Idaho, Manager of Pine
Ridge Mall, said that Pine Ridge Mall would welcome the project,
that they felt there was definetly a need for this type of
a development in area.
Amory Hudson, 990 West Quinn, said he was not for or against the
project, but was concerned about the traffic that would be
generated.
Carita Bunnell, 42 Hawthorne Avenue, Pocatello, Idaho,said she had
been working to have this type of retirement home in area. She
said there was a great need for it, there are low income units
available but nothing for others.
Frank Allen, 4031 Ronald Road, was concerned about the resale value
of their homes and the traffic on Quinn Road.
Mr. Briggs said they would deed a 5 foot right-of-way to the City
of Pocatello on the nOrth side of Quinn ROado~nd would improve
to City of Pocatello standards that portion .. the street between
the north edge of pavement to the north right-of-way.
Steven Smart told those in attendance there was no way of knowing
if and when Pocatello would improve the street.
George Carlson, 4040 Hawthorne Road, was concerned also about the
traffic and how it would affect the taxes on their property.
Telmar Seibert, 970 W. Quinn, stated he was not against the project.
He was concerned about the traffic. He said he did not feel it
would have any adverse affect on the peoples taxes.
Bob Mitchell, Pine Ridge Mall, said he felt developer should be
commended in their foresight. He said they had planned the
walkway over to the mall and he felt this was something the
residence would enjoy. They would be able to walk and not
increase the traffic on Quinn Road.
Mr. Briggs stated they had found in their other developments that
their was very light traffic involving their tenants.
The commission discussed the fact these people would not be on the
road at peak traffic times.
Thomas Nield asked about the sewer system, if it would handle this
development. Steven Smart said sewer system on Quinn Road
built on Chubbuck system, that under the current agreement with
Pocatello, that Chubbuck must get approval but could not foresee
any problems.
Richard Allen made motion the findings of fact that all legal
requirements have been met to the best of applicants knowledge,
that survey and warranty deeds reflect such, that applicant
did best to contact owners of record.
PUBLIC HEARING - AUTUMN DEVELOPMENT & CONSTRUCTION, INC., continued
Janet Williams seconded the motion. Chairman Anderson asked for a
roll call vote. Nield, yes; Allen, yes; Allen, yes; Parrish, yes;
Stalder, yes; Williams, yes; Cain, yes, Anderson, yes
Robert Allen said he did not feel there would be any problem with
noise and he thought the additional traffic would not be at
peak hours.
Sue Parrish said she did not feel this development would devalue
the'property in area. The need is great for this type of
project. She said the commission had responsibility to the
owners of property and also to other people that are in need
of such a project.
Sue Parrish made motion, that the findings of fact and conclusions
of law having been met, that the commission grant the conditional
use permit to Autumn Development and Construction, Inc. be approved
with the following conditions:
1) The project be fenced with chain link fence on the west,
north and east.
2)
On the east side in addition to the chain link fence, a
buffer zone consisting of at least 5 feet, with dense
growth of regular size trees and shrubs.
3)
Project whall be operated only as a Retirement Home, with
a minimum age of 55 for all occupants.
4)
Project shall maintain 70 parking spaces, subject to a
review in one year by Land Development Commission.
5)
40 foot radius Cul-de-sac to be constructed on north end
of parking lot.
6) Property to be well kept and maintained.
Dee Stalder seconded the motion. Chairman Anerson asked for roll call
vote. Nield, yes; Allen, yes; Allen; yes, Parrish, yes; Stalder,
yes; Williams, yes; Cain, yes; Anderson, yes.
Chairman Anderson opened public hearing on proposal to consider changes
in the Comprehensive Plan of the City of Chubbuck, with respect
to planned steet improvements. Richard Allen made motion to table
this item until later in the meeting. Janet Williams seconded the
motion. Voting was unanimous in favor
OTHER BUSINESS:
1. Waiver of platting requirement from the Land Development
Ordinance, by Autumn Development & ConStruction, Inc., for
retirement apartment project at 1052 West Quinn Road, Chubbuck,
Idaho.
'WAIVER OF PLATTING - AUTUMN DEVELOPMENT & CONSTRUCTION, INC., continued
Steven Smart said the project does not involve a subdivision of
].and but does create a street in.the_wider right.~of~waY He said
city could require platting if city services are impacted. ~
Sue Parrish said she thought b~ requiring platting, you have a better
development.
Thomas Nield said street and sewer are already available, that. platting
isa tool by government to enforce requirements.
Richard Allen made motion to recommend to the City Council the
platting requirements of Autumn Development & Construction, Inc.,
be waived. That the developer deed 5 feet additional right-of-way
on the north side of Quinn Road to the City of Pocatello; also
the developer improves to City of Pocatello standards that portion
of the street between the north edge of pavement to the north
right-of-way. Developer to provide engineering drawings for
the CitY of Chubbuck.
Robert Allen seconded the motion, with all commission members voting
in favor.
PUBLIC HEARING ITEM:
2~ Chairman Anderson asked for testimony in favor or against the
proposal to consider changes in the Comprehensive Plan of the
City of Chubbuck with respect to planned street improvements
by considering changes in the functional classification of some
streets within the city. These streets include, but are not
limited to, East and West Chubbuck Road and Yellowstone Avenue.
There being no public testimony, Chairman Anderson opened this item
for discussion among the commission members.
The commission had discussed street classifications in their January
meeting.
Items discussed:
a) Yellowstone as a principle arterial with 80 foot right-of-way.
b)
Minor Arterial streets, such as Philbin and Hawthorne,
arterial in nature but not as much so as Yellowstone.
c)
Minor Arterial steets with 66 feet right-of-way, and
a turn bay.
d) Chubbuck Road width between Yellowstone and Hawthorne.
Steven Smart said the width standards presented were based upon a
study he had made; Principle Arterial of 80 feet for Yellowstone
is a good size,he said he would question if Chubbuck Road would
need to be 80 feet.
Richard Allen made motion to recommend to the City Council the
Comprehensive Plan to be changed to reflect the following:
Yellowstone Avenue to be a Principle Arterial Street, and
Chubbuck Road, Hiline Road, Hawthorne Road, Philbin Road,
Siphon Road and Tyhee Road be Minor Arterial Roads their
PUBLIC HEARING ITEM: PLANNED STREET IMPROVEMENTS continued -
entire length. Sue Parrish seconded the motion. Chairman Anderson
asked for roll call vote. Parrish, yes;~~//y~; Williams,
yes; Cain, yes; Allen, yes; Allen, yes; Nield, yes;
OTHER BUSINESS:
2. REVIEW OF VARIANCE GRANTED MARGARET OHLIN, 4855 Joy, to keep
animals in an area zoned General Residential (R-2).
Mrs. Ohlin had been requested to attend the December, 1983 Land
Use & Development meeting for a review of her variance. She
did not attend and the commission members requested a certified
letter be sent to her requesting she attend the January, 1984
meeting. A receipt showing the letter had been delivered had
not been returned to the city by the January meeting, item was
tabled. On February 1, 1984 notification was received by the
city office the letter had been delivered on December 23, 1983.
Richard Allen made motion to revoke the variance granted Margaret
Ohlin to keep animals in an area zoned General Residential (R-2).
Dee Stalder seconded the motion, with all commission members
voting in favor.
Dee Stalder made motion to adjourn at 11:20 p.m, seconded by Janet
Williams with all commission members voting in favor.
Dorothy L. ~ard, Secretary
P~e An~e~o~, Chairman
CITY OF CHO ,qBB~ LA~ USE & D~-VELO~ CC~4ISSION
FINDINSS OF FACT, ODN~_~USiONS OF LAW AND ORDER
This matter having c~ve before the C~r. nission for public hearing
Uursuant to public notice as re~:Sr~ by l~q, on February 2 , 198--4,
ar:::p]_icant's application ~nr ~n-nSc ~ r.~ ,:~
foiS~s: Construction n~ R~tSr~m~nt Ap_~_rt?..ent Prcjcct
Location: 1052 West Quinn ROad, Chubbuck, Idaho ..
Applicant: Autumn Development and Construction, Inc. ..
F~NDIKGS OF FAC?
Applicant has applied for: Conditional Use Permit
2. The existinglap~usesinthmareaare: to t~ north, Undeveloped
prop~r~y nwn~ by ~ n~,. ; tO ~e e~st, Private sinqle family
res~d~ne~ ......... ; tO th~ south, Private sinqle family
res:Gence ; ~oth~w~s~, Church
3. That the C~mprehensive Plan designates this area as General Commercial
(C-2)
4. That the existir~ zoning of t~h~ property is General Residential (R-2)
5. That all legal re~re~_nts for notice of the public bearing have been
fulfilled.
Majority of public te~stimony
6. ~~/~tTt/l~g~ ~have~.-_~:-a .-_ct expressed approval of
applicat_ion~, but also expressed concern about the imput of the
projeCt on the traffic problem. The owners of adjacent property
were split in their opinion as to the application.
Relevant criteria ~nd standards for construction of this application
are set forth in Section 7-4 of Ordinance No. 241
The facts relevant to an evaluation of the relevant criteria in
standards are as follows:
A. Unlike apartment comp]~×~ ~ r~tirement home wcu!d not
....... qenerate substantial additional traffic
B. Traffic generated by Retirement hom~ wl]] not h~ ~,r~ng
peak traffic hours.
C. There is a great need for this type Of struct~r~
Pine Ridge Mall has effectively chanqed the use pattern
f area to a zone in transition ~rom Residential to
~ommerci~l
E. No adverse impact on Real Estate values
F. No significant noise generated by Retirement Homes
G.
H.
Conclusions of=Law
1. The use for which the permit is sought ~i=~l/v~ll not be
injurious to the neighborhood or ot/%arwise detriment~l t~ ~he public
health, safety or welfare.
2. ~he pemn~it sougn'a ~,A,s_h~_ ~',o'c pro~uce ~n adverse impact on
econ.i.~ml.c values of adjac0lit p','-ol'~
',,i, Iil;,l?O'~ll ~.~iion facilities, pu.,}~:~.c 'c;t3 .2-azc~3, schcois, p~dolic parks,
4. 5'ne noise ~,~d traffic cor~itions c3~-era~-~d by the use for wkich
the pe~t is sought, when ~nalyzed ~ con3~-tion with the noice and
traffic conditions now existing Ln '~ vicLnity ~/does not indicate
~e permit snou~a be
5. T~ use for which the pad-mit is sought ~m4~l/s~l not work an
unreasonable nards~p ~oon s~rrou~n~ p~per'~y owners by virtue of
legal nature or by th~ impa~'c of ~h~-,~es ,made in t~%e landscape of the land.
6. The aesthetic qualifies of t2~e proposed use ~f~/will not conflict
with the aesthetic qualities of the surro~lLng lands.
7. The applicant has~ali.mmm~m~ that be has taken all reasonable
st~ps to c~ply with the stri~ tan~ of tlae ordinanoe.
. . . . ~ 7- , . ----' ...... --- -t;;
.... ,i,28 * -
,
il. The requested c~nditior~l use permit should be granted, subject to
r/%e conditions, if any, se~ fo~h ,~eLnafter.
A). Project Shall be'operated only as a Retirement' 'Home, with.
a minimum age of 55 for all. occupants. ,:.
B). Project to be enc&osed by chain', link fence on North~.,.East
and west sides.
C). Minimum five foot buffer zone consisting of dense growth of
standard size trees and shrubs, shall be maintained on East Side of
property.
CONCLUSIONS OF LAW - continued
11.
D). Project shall maintain 70 parking spaces, subject to
review in one year by Land Use and Development Commission.
E). 40 foot radius Cul-de-sac to be constructed on North end
of parking lot.
F). Property to be well kept and maintained.
Decision & Order
The Land Use & Develolm~nt C~nission, pursuant to the foregoing,
finds that the request of Autumn Development and Construction, Inc.
for a conditional use permit
foregoing
.!.!~12!:~ ~2 ~/ap~areved subj.ac~ ho tile ~ cenditions/d--a_.-~_e~i~,
zo-~ion by:
Sue Parrish , secor~qd by Dee Stalder
to adopt the foregoing Findings of Fac~, Conclusiorm of Law and Order.
Co~nissioner Nield
C~mmissloner Allen
Con~nmsszoner Allen
Con~isszoner Parrish
Co~m~sszoner Stalder
Conmlissioner Williams
Voted Yes
Voted Yes
Voted Yes
Voted Yes
Vo~oed Yes
Voted Yes
Con~issioner Cain
C,',~r~iss~ .oner Anderson
Voted Y~s
Votad ymm