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HomeMy WebLinkAbout02 07 1989 Special CM19 COUNCIL MEETING MINUTES February 7, 1989 Minutes of a special meeting held in the city municipal building, February 7, 1989. Present: Mayor John O. Cotant, Jr., Councilmembers Leroy S. Quick, Steven M. England, David A. Landon, Dwain A. Kinghorn, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. PURPOSE OF SPECIAL MEETING shall be to 1) Conduct a public hearing, in regards to a proposal by Dean Funk & Dale Kirkham for property south of Siphon Road and east of railroad tracks for a change in Land Use District to Industrial (I) upon requested annexation. 2) Waiver of Platting - Property south of Siphon Road and east of rail- road tracks. 3) Appeal of decision of Land Use and Development Commission - Conditional Use Permit issued to Dean Funk & Dale Kirk- ham to build a postal facility on property south of Siphon Road and east of railroad tracks. 4) J & M Enterprises - A proposal that a portion of lot 17, of Bonniebrae Acres be rezoned to General Commer- cial. (C-2). 5) Waiver of Platting - J & M Enterprises for property at 4545-4613 Yellowstone Ave. and 149-201 E. Linden. 6) Waiver of Platting - Arlen Mortensen, for property at 242-306 E. Chubbuck Rd. 7) New Land Use and Development Commission Member - Kent Kearns. PUBLIC HEARING - A proposal by Dean Funk, 1749 S. Fairway and Dale Kirk- ham, 440 E. Clark for a Change in Land Use District to Industrial (I) upon requested annexation on property south of Siphon Rd. and eas~ of the railroad tracks. Mayor Cotant declared the public hearing open. Melvin and Mary Jackson, 5101 Whitaker Rd. was present to oppose the zoning change, for land south of Siphon Rd. and east of railroad tracks. Mr. Jackson stated, at the Land Use & Development Commission Meeting, he felt the commission did not have any real interest in the City of Chubbuck, because the decision to grant the Conditional Use Permit was unanious. Mr. Jackson expressed concerns on the following seven matters: 1) The postal facility will not pay taxes, because it is a govern- ment agency. 2 Concern of who would pay the expenses incurred; for police, fire, etc. services. 3 Because of postal pay, he felt the facility would not draw jobs 4 Concern the postal facility would be too close to Ellis Element- ary School. 5) Mr. Jackson felt the postal facility should not be located too close to the tracks, because of potential train derailments. 6) Concern the postal facility would damage property values in the area. 7) Concern that because of extra services required by the postal facility, there will have to be a tax increase for Chubbuck Residents. 21 PUBLIC HEARING - (Cont) Councilman Kinghorn stated there are homes between Mr. and Mrs. Jackson, therefore he did not feel there will be too great of an impact on them. _ Councilman Kinghorn said there is not a better location for this postal facilty in the city than this location, with the Comprehensive Plan the way it is, there could be businesses, with a far more adverse impact on the area. The truck traffic on Whitaker Rd. can be controlled. Councilman Quick stated the postal facility project fits in with the Comprehensive Plan. Councilman England land for a purpose be allowed to. stated if that fits a person wants to use a piece of their in the Comprehensive Plan, they should Councilman Landon stated he could not see a housing development bein¢ built near the railroad tracks, so, this property would be one of th~ better locations for this project. Dean Funk stated, when they purchased this property, this particular use was allowed. Mayor Cotant stated a postal facility is probably the least likely to emit pollution. He said the truc~.wouldgo toward Yellowstone Ave. rather than Whitaker Road. Public Work Director Smart stated the Conditional Use Permit has been granted by the Land Use & Development Commission, there are buffering requirements in the ordinance. A nonresidential use can- not take place within 40' of Residential District. Mayor Cotant declared the public hearing closed. Councilman Landon moved to annex property south of Siphon Road and east of railroad tracks, and zone Industrial (I), conditioned upon the postal facility being constructed on property south of Siphon Road and east of railroad tracks. Councilman England seconded. All councilmembers voted in favor of motion. APPEAL - Mr. & Mrs. Melvin Jackson presented an appeal to Mayor Cotant and Council on a decision of the Land Use and Development Commission, to approve a conditional use permit to Dean Funk and Dale Kirkham for a postal facility on property south of Siphon Rd. and east of the railroad tracks. The appeal expressed five concerns: 12 Too close to Ellis School. 2. Government Agency does not pay taxes to city. 3. Adverse effect on residential area. 4. Land value in residential area. 5. There are better places in area to locate postal facility. 23 APPEAL - MR. AND MRS. MELVIN JACKSON - (Cont.) Councilman Kinghorn moved to deny the appeal, and affirm the Land Us~ and Development Commission's decision to issue a conditional use permit to Dean Funk and Dale Kirkham to build a postal facility on property south of Siphon Rd. and east of the railroad tracks, conditioned upon the postal ~site choosing said site. Council- man Quick seconded. All councilmembers voted in favor of motion. WAIVER OF PLATTING on property south of Siphon Road and east of the railroad tracks. After discussion, council decided to require[the 40' buffer zone required by ordinance. Councilman Quick moved to waive the platting requirements of the Land Use & Development Ordinance on condition Ghat 1)the facility be constructed and setback to provide for widening of Siphon Road to the standard for a minor arterial road. 2) curb, gutter, side- walk and street widening be constructed along the projects Siphon Road frontage, in compliance with the Land Use Development Ordinance, conditioned upon the Post Office choosing said site. Councilman King- horn seconded. All councilmembers voted in favor of motion. PUBLIC HEARING - A proposal by J & M Enterprises, P.O. Box 5598 for that portion of Lot 17 of Bonniebrae Acres included in the applic- ation be zoned General Commercial (C-2). Mayor Cotant declared the public hearing open. There being no comments for or agains% Mayor Cotant declared the public hearing closed. Public Works Director Smart explained the change to the council. Councilman Quick moved to approve a zoning change for a portion of Lot 17, of,Bonniebrae Acre included in the application to General Commercial (C-2), conditioned upon the facility being constructed on applicants property. Councilman Landon seconded. All councilmembers voted in favor of motion. WAIVER OF PLATTINGs- A proposal by J & M Enterprises, P.O. Box 5598 for a waiver of platting on property at 4545-4613 Yellowstone Ave and 149-201 W. Linden. Discussion about a corridor being preserved, going east and west from Linden Ave. If the postal facility is located on this property, the street will not be able to continue west on Evans Lane. Public Works Director Smart explained J & M Enterprise's proposal..to council. Councilman Landon moved to waive the platting requirements of the Land Use Development Ordinance on the condition that 1) Evans Lane be-extended asset forth in the comprehensive plan or worked out to the mutual satisfaction of both the city and the developer~ 25 WAIVER OF PLATTING - J & M ENTERPRISES - (Cont.) through the development in compliance with the Land Development Ordinance. 2) curb, gutter, sidewalk and street widening be completed along any Linden Ave. frontage that this project might have, 3) that proper provisions are made to pipe the irrigation canal paral- leling Linden. 45 conditioned upon the postal facility being constructed on the applicants property. Councilman England seconded. All councilmembers voted in favor of motion. WAIVER OF PLATTING - A proposal by Arlen Mortensen, 26 Cedar H~lls Dr. for property at 242-306 E. Chubbuck Rd. Public Works Director Smart stated, in the comprehensive plan, Burley Drive continues north, and a corridor should be preserved for a street. Public Works Director Smart said there is deeded land there now, but, it is only deeded 50'. Burley Drive is a 60' right-a-way. Public Works Director Smart said an additional 10' should be re- quired if the postal facility is built at this location. The additior al 10' should come from the east rather than the west. Councilman England moved to waive the platting requirements of the Land Development Ordinance on conditionthat: 1) the facility be constructed and setback to provide for widening East Chubbuck Road to the standard of a minor arterial road. 2) that curb, gutter, side- walk and street widening be constructed along th~ projects East Chubbuck Road frontage, in compliance with the Land Development Ordinance, 3) Burley Drive extention on the wesq~ side of the site, be developed with 60' right-a-way, with the extra 10' required from the developer and being developed in compliance with the Comprehensiv Plan and Land Development Ordinance, 4) the proper provision~be made for irrigation water to be taken to properties west of the proposed site. 5) Conditioned upon the postal facility being constructed on the applicants site. Councilman Quick seconded. All counc~lmembers voted in favor of motion. APPOINTMENT OF LAND USE & DEVELOPMENT COMMISSION MEMBER - Mayor Cotant suggested the appointment of Kent Kearns, 4831 Elizabeth to fill the unexpired term of Kerry Ellis on the Land Use & Development Commission, which expires, June 1, 1990. Councilman England moved to approve the appointment of Kent Kearns, 4831 Elizabeth to fill the unexpired term of Kerry Ellis on the Land Use & Development Commission, which expires June 1, 1990. Councilman Quick seconded. All councilmembers voted in favor of motion. At 8:52, Councilman Kinghorn moved, Councilman Landon seconded, full council approval to adjourn meeting. Ron C. Conlin, City Clerk with John O. C©tant, ~'r., Mayor ~CALL OF SPECIAL MEETING CITY OF CHUBBUCK Pursuant to Idaho Code Section 50-604, the undersigned Mayor of the City of Chubbuck, Idaho, hereby calls a~s~cial meeting of the City Council to be held at the Chubbuck City Municipal Building, 5160 Yellowstone Ave., at the hour of 7:30 p.m., on the 7th day of February, 1989. The object of the special meeting shall be to 1) Conduct a public hearing in regards to a proposal by Dean Funk &[Dale Kirkham for property south of Siphon Road ~nd east of railroad tracks for a change in Land Use District to Industrial (I) upon requested annexation. 2) Waiver of Platting - Property south of Siphon Rd. and east of railroad tracks. 3) J & M Enterprises A proposal that a portion of lot 17 of Bonniebrae Acres be rezoned to General Commercial (C-2).~4) Waiver of Platting- J & M Enterprises for property at 4545-4613 Yellowstone and 149-201 E. Linden. 5) Waiver of Flatting - Arlen Mortensen, for property at 242 306 E. Chubbuck Road. 6) Appeal of decision of Land Use and Development Commission'- Pr ~osal ease of raiJ6~oad tr~cks. L~nd Use ~°~e~P~.°~o~s~ ~emoer - Date: ~ ' -- ~ohn O.'Cotant~ Jr., Mayor NOTICE OF SPECIAL M=~ETING TO: MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO. Pursuant to the call set forth above, notice is hereby given of a special meeting of the Chubbuck City Council at the time and place, a~d for the object, recited in call. ~ Ron C. Conlin Chubbuck City Clerk ACKNOWLEDGEMENT OF NOTICE The undersigned, Mayor and members of the Chubbuck City Council hereby acknowledge receipt of notice of the special meeting as set fortb~ above. ayor Date :~ ~Leroy S. ~ui~ck, Sq~ncilmember ~~ /~ ~ven . Engla~, Co~nc~Tlmember David A. Landon, Councilmember ~wain A. Kingt~, Councilmember