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HomeMy WebLinkAbout05 13 1997 CM57 COUNCIL MEETING MINUTES May 13, 1997 Minutes of regular meeting held at city municipal building, May 13, 1997. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, W. Dean Wood, Marvin C. Gunter, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting called to order at 7:30 p.m. by Mayor John O. Cotant. PLEDGE ALLEGIANCE TO THE FLAG APPROVAL OF MINUTES: Mayor Cotant asked for corrections or additions to regular meeting minutes of April 22, 1997. Councilman Quick moved to approve regular meeting minutes of April 22, 1997 as read. Councilman Wood seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by L. Don Hammond, Dale Hancock and Scott Jackson of Affordable Residential Communities, 555 17th. Street, Suite 860, Denver, Colorado 80202 for review of a preliminary plat and a change in Land Use District, upon requested annexation to R-3, General Residential. Property is located west of 10555 N. Riline Road and south of 4600 Hiline, Briarwood Subdivision. Mayor Cotant declared the public hearing open. Mitchell Greer, Shepherd Engineering presented statements why the conditional use permit should not be denied. 1. Trailer park residents are not any different than residents living in single family or multi-dwelling homes. 2. Adverse impact on surrounding property values. Mr. Greet said they have provided screening and buffering to decrease the impact to the adjacent developments as much as possible. 3. Mr. Greer stated Bannock Planning Organization did an analysis on the development, it will not have a significant impact to the traffic in the area. 4. As far as to impact on parks, schools, etc., they are not anticipating a lot of people to move into area from outside area. The development will fill from within the community. Mr. Greet stated they are adding additional parks to the projects. 6. Mr. Greet said they are not adding additional strain to the sewer and water system. 59 PUBLIC HEARING - AFFORDABLE COMMUNITIES - /cont.) 6. Mr. Greet discussed the noise and traffic noise the area would create. ?. Mr. Greet explained where buffer will be. 8. Mr. Greer said the Comprehensive Plan calls for a higher density in this area. 9. Mr. Greet discussed the aesthetics of the area. Mr. Greet stated he felt they have minimized the impacts to all adjacent properties. Mr. Greet stated the project will be an asset to the City. Mr. Greer stated he felt the project presented meets the City Code and Comprehensive Plan, and asked the Council to approve the project. Lorraine Taylor, 4632 Whitaker Road stated she lived in Briarwood Subdivision for 21 yearS, expressed concern about the trailer court turning into a court like Mobile Manor. Ms. Taylor stated they were promised thing would be done, but never was. Lorraine Taylor is in opposition 'to the proposal. Curtis Christie, 526 Holly questioned if the photo on display is this actual project. Mr. Greer said they are of a representative trailer park. Mayor Cotant declared the public hearing closed, asking for comment from the Council. Councilman Wood expressed concern about who will maintain the proposed parks. The trailer court will maintain the parks. Councilman Gunter stated he did not feel the two smaller areas classify as parks. Quick expressed concern if more than one trailer Councilman on a designated lot. Mr. Greer said there will only can be put be one trailer per lot. There will be some double wide, but most will be single mobile homes. Councilman Gunter moved to accept recommendation of Land Use and Development Commission to approve a change in Land Use District, upon requested annexation to R-3, General Residential. Property is located west of 10555 N. Hiline road~ and south of 4600 Hiline Road, Briarwood Subdivision. Councilman Wood seconded. Roll Call Vote: Quick, no; England, yes; Wood, yes; Gunter~ yes. Motion passed. 61 PUBLIC HEARING - AFFORDABLE RESIDENTIAL COMMUNITIES (cont.) Mayor Cotant expressed concern about the record of past experiences with mobile home parks in the City. Most have not followed through with requirements or things they said they will do. Councilman Quick expressed concern about looks of the trailer park in the future. Concern about the trailer park bordering single family homes. Councilman Gunter moved to deny the appeal and accept the recommendations of the Land Use and Development Commission's decision to deny Affordable Residential Communities, L. Don Hammond, Dale Hancock and Scott Jackson application for a conditional use permit for a Class II Production Building Cluster Arrangement on property located west of 10555 N. Hiline Road and south of 4600 Hiline Road, Briarwood Subdivision. Councilman Quick seconded. Ail council members voted in favor of motion. Councilman Quick moved to deny the Sawtooth Range Manufactured Home Community Preliminary Plat as presented by Affordable Residential Communities, L. Don Hammond, Dale Hancock and Scott Jackson. Councilman Gunter seconded. Ail council members voted in favor of motion. PUBLIC HEARING - An application by William C. Slaven, 147 W. Linden Ave., Chubbuck, Idaho for a change in Land Use District to General Commercial, {C-2). Property is presently zoned. General Residential, (R-2). Hayor Cotant declared the public hearing open. There being no comment for, or against, Mayor Cotant declared the public hearing closed. Councilman England moved to accept the recommendations of the Land Use and Development Commission and approve the application for William C. Slaven of 147 W. Linden, for a change in Land Use District to General Commercial, {C-2), for the property at 147 W. Linden. Councilman Quick seconded, all council members voted in favor of motion. PUBLIC HEARING - An application by Mike Bird, Heritage Development, Inc., P.O. Box 2684, Pocatello, Idaho for a review of a Preliminary Plat for residential housing development at Whitaker and Siphon Roads, the southeast corner. Mayor Cotant declared the public hearing open. PUBLIC HEARING - PRELIMINARY (cont,) 63 PLAT - WHITAKER AND SIPHON ROADS Tim Shurtliff, Shurtliff Engineering discussed the 50 foot easement required by Land Use and Development Commission. Mike Bird questioned the need of the easement and asked for consideration it not be required. Discussion about water and sewer lines. Mayor Cotant suggested a park be included in the preliminary plat. Mayor Cotant felt children should not have to cross busy streets to get to a park. Discussion about railroad overhead cross way to get to a park. Councilman Wood expressed concern about creating small parks, then the City having to maintain them. Discussion about different design on streets in the subdivision. Narrower streets, swells, etc. Mr. Shurtliff stated, Heritage Company will work with City Staff. Tim Shurtliff stated, the subdivision will be completed in phases. Discussion about Park Dedication Fee formula. Councilman England moved to accept the Land Use and Development Commission,s recommendations to approve the Heritage Development application for a preliminary plat for a resJ. dential housing development at the southeast corner of Whitaker and Siphon Roads, subject to the following modifications: 1) In lieu of curb, gutter and sidewalk being installed, developer shall run a concrete pavement strip adjacent to the Whitaker Road asphalt and provide a grassy swale bordered by a sidewalk along Whitaker Road all according to the standard provided by the City's Engineering Staff. 2) The interior roads of the subdivision shall have a grassy swale separating the road and the sidewalk consistent with this same design standard. 3) Curb, gutter and sidewalk shall be installed along Siphon Road. 4) Eliminate the access entry from the southwest side of the corner lots, and putting into park land for the subdivision. Councilman Quick seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Mike Bird, Heritage Development, P.O. Box 2684, Pocatello, Idaho for a change in Land Use District, upon requested annexation, to Limited Residential, (R-2) for property located at corner of Whitaker and Siphon Roads. Property is presently zoned, Agricultural, (A). Mayor Cotant declared the public hearing open. 65 PUBLIC HEARING - CHANGE OF LAND USE DISTRICT - HERITAGE DEVELOPMENT (cont) - Gerd Dixon stated when Mike Bird~ Heritage Development completed the application, he applied for (R-2), but he actually wanted to apply for (R-i), by the time he realized the mistake, the publication had been completed, so he is applying for (R-2) on this application. Mayor Cotant declared the public hearing closed. Mr. Shurtliff stated it will not slow down the process down if the change of Land Use District application is reapplied through as (R-l). Councilman Quick moved to deny the application by Mike Bird, Heritage Development for a change in Land Use District, upon requested annexation, to Limited Residential, (R-2), for property located at corner of Whitaker and Siphon Roads. Councilman England seconded. Ail council members voted in favor of motion. PUBLIC HEARING An application by Gary Ratliff, Intermountain Companies, 4970 Apache, Pocatello, Idaho for a preliminary plat for East Chubbuck Road Development, located at 306 E. Chubbuck Road. Mayer Cotant declared the public hearing open. Gary Ratliff, 4970 Apache Rd. presented his preliminary plat, asking for temporary access on to E. Chubbuck Road for 60 days. Mr. Ratliff also asked for a temporary building permit. Gerd Dixon stated the property needs to be set back 10 to 12 feeffor the widening of E. Chubbuck Road. Mayor Cotant asked Mr. Ratliff where he is on constructing Burley Drive. PWD Smart said the City will agree to enter into a developmental agreement with Mr. Ratliff to help him recoup his monies if he has to install both sides of Burley Drive. Nick Crookston, 246 E. Chubbuck Road stated he can help build Burley Drive along his first lot, but does not have the funds to continue with his second and third lots at this time. Mr. Ratliff was asked if he can get an agreement with Mr. Crookston for the final two Crookston lots. 67 PUBLIC HEARING - GARY RATLIFF PRELIMINARY PLAT - (cont.) Councilman Quick moved to accept the recommendations of the Land Use and Development Commission and approve East Chubbuck Road Development Preliminary Plat as presented, with a 60 day temporary access on to East Chubbuck Road, subject to a 10' to 12' setback to be determined by City Staff for widening of East Chubbuck Road. Councilman England seconded. Ail council members voted in favor of motion. of Councilman Quick moved to issue a partial building permit allowing a footing and foundation permit only, the remainder the building permit will be issued subject to Burley Drive being constructed as Gary Ratliff develops his property. Burle? Drive will be constructed to the north end of Lot 1 as developed, the north end of Lot 2 as developed, and to the north end of Lot 3 as developed. Councilman Gunter seconded. Ail council members voted in favor of motion. WESTERN VIEW PLANNED UNIT DEVELOPMENT PLAN - Jeff Butler, 424 S. Johnson, Pocatello, Idaho for a PUD Final Development Plan~ Lots 1, 2 & 3, a town house development for Western View Planned Unit Development at 311 W. Chubbuck Road. Mr. Butler advised, rather than selling the individual units, he will retain ownership and maintenance responsibilities. Gerd Dixon stated Jeff Butler has complied with recommendations, codes~ etc. Councilman England moved to accept the Land Use and Development Commission,s recommendations to approve the application by Jeff Butler for the Planned Unit Development Final Plan for Western View Planned Unit at 311 W. Chubbuck Road, subject to a 6' high fence be placed along the canal. Councilman Quick seconded. All council members voted in favor of motion. Jeff Butler asked the Council to consider waiver of the cash in lieu of park dedication fees of $285.00 per unit. Mr. Butler explained, he is putting a lot of cost into asphalt for the project. Mr. Butler stated, the closest park is a ways away~ therefore his tenants would not use a park. Councilman Quick expressed concern about setting a precedence by waiving the park dedication fee. Councilman Wood moved to waive the park dedication fee. 69 REQUEST FOR PARK DEDICATION FEE WAIVER - JEFF BUTLER - (cont. Attorney Holmes asked Council to state reasons for waiver of the park dedication fee. Councilman Wood withdrew his motion. After discussion~ Council decided to review the request for waiver of park dedication fee for Jeff Butler, 311W. Chubbuck Rd.~ and table the request until the May 27~ 1997 Council Meeting. PUBLIC HEARING NOTICE - An application by Mike Scott, Scott Construction for a Planned Unit Development was published to be heard by the Land Use and Development Commission, May 1, 1997 and the City Council tonight. Land Use and Development Commission tabled the proposal until the June, 1997 Meeting. ORDINANCE - Amending Sections 5.16.090; 5.12.090 and 5.08.080 to extend the hours for beer, wine and liquor by the drink sales to 2:00 a.m.; to allow beer and wine sales an hour earlier or at 6:00 a.m.; to provide premises offering beer, wine and liquor sales shall be vacated by 2:15 a.m., and providing an effective date. Mayor Cotant read the ordinance in full for the first reading. Council decided to table the ordinance until the May 27, 1997 Council Meeting. BEER, WINE AND LIQUOR BY THE DRINK LICENSE APPLICATION Harvey Pickens, Pine Ridge Inn, LLC, 4333 Yellowstone Ave. have applied for a license to sell beer~ wine and liquor by the drink at 4333 Yellowstone Ave. (formerly Oxbow Inn). Police Department recommended approval of the license. Councilman Gunter moved to grant Harvey Pickens~ Pine Ridge Inn, 4333 Yellowstone Ave. a license to sell beer, wine and liquor by the drink license. Councilman England seconded. All council members voted in favor of motion. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Wood moved to approve computer print-out claims as presented. Councilman Gunter seconded. All council members voted in favor of motion. ¸71 TREE VALLEY SUBDIVISION FINAL PLAT - Project Engineer Gerd Dixon presented the Tree Valley Subdivision. PE Dixon stated all concerns have been met, and recommended approval of the Tree Valley Subdivision Final Plat. Councilman England moved to approve the Tree Valley Subdivision Final Plat as presented. Councilman Quick seconded. All council members voted in favor of motion. At 11:20 p.m., Councilman England moved, Councilman Quick seconded, with full council approval to adjourn meeting. Ron C. Conlin~ City Clerk