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HomeMy WebLinkAbout06 28 1979 CM Public Hearing117 COUNCIL MEETING MINUTES June 28, 1979 PUBLIC HEARING LOCAL LAND USE PLANNING Minutes of a public hearing conducted by the Chubbuck City Council in the City Municipal Building, June 28, 1979 regarding each of the following items: (a) comprehensive plan (b) land use ordinance (c) land develop- ment ordinance (d) land improvement standards ordinance. Meeting called to order at 8:05 p.m. Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, LeRoy S. Quick, Earl L. Romriell, Attorney Donald L. Burnett, City Clerk Vera C. Armstrong. Engineer Steven M. Smart excused. COMPREHENSIVE PLAN PUBLIC HEARING - Mayor Cotant opened the public hearing on the Comprehensive Plan and read that portion of the public hearing notice as it pertains to the comprehensive plan. Attorney Burnett explained in detail the purpose of the city in preparing a comprehensive plan and thoroughly reviewed the contents of the comprehensive plan. A group of residents were present and voiced concern about the proposed Residential - 2 zone for property which lies between Hiline Road and the area proposed to be Residential -1 south of East Chubbuck Road. Mike Johnson, 723 Bedford presented a petition to the mayor and council requesting that all property east of Hiline Road and south of East Chubbuck Road be zoned Residential -1 in the comprehensive plan. There were 125 signatures on the petition. Jack Thomsen, 744 Norcrest stated he felt the canal was a natural buffer between Residential -1 and Residential -2 zones. Barbara Robinson, 724 Norcrest stated that hilly terrains can be developed beautifully as single-family residential. Ron Thomsen, 703 Bedford said Hiline Canal is being used a buffer north of Chubbuck Road, why not south of Chubbuck Road also. Michael Johnson, 723 Bedford said he thought canal would be dangerous for multiple family development. Kayda McGruder, 727 Norcrest, said whe felt people in area would prefer commercial development to multiple family dwellings. Dwelling units that are rentals are not as well kept. Barbara Bobinson, 724 Norcrest, asked why only one and one-half parking spaces per unit were required on multiple dwellings. It was discussed and considered for the canal to be used as a buffer with Residential -1 being planned east of canal and Residential -2 west of canal. Attorney Burnett said the canal could cause problems as a dividing line because the canal could be covered with no definite line for the zone division. 119 Keith Robinson, 724 Norcrest, said he thought the suggestion that the whole parcel be kept the same zone is a good one. Other comments made were that if the complete parcel was zoned Residential -1, a Planned Unit Development could be proposed and then the area of development could be controlled by public review of the P.U.D. Councilman Fullmer said at prior hearing residents in area have opposed commercial and that he feels it important that the minutes reflect that residents present tonight are favorable to commercial over multiple *ADDITION dwelling development,* and that as a climate to people using their property the favorable reaction of those present at this hearing, would cause the council~ Councilman Kinghorn stated the city cannot zone so that land owners cannot use their ground. Attorney Burnett told council they need to decide wether to adopt as part of the proposed comprehensive plan the change which has been recommended by the Planning and Zoning Commission concerning certain lands south of Chubbuck Road and east of Hiline Road as part of the plan. Councilman Romriell moved to reject the proposed change recommended by the Planning and Zoning Commission as pertain to those lands one hundred fifty foot east of Hiline Road and south of Chubbuck Road. Councilman Kinghorn seconded motion. Roll call vote; Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Councilman Quick made motion to adopt the Comprehensive Plan in its entirety and in ~ ~ presentf~n. Councilman Fullmer seconded motion. '~ ~ ' ' I~S :orrectiona~ddltl°n Attorney Burnett asked for a disclosure from the mayor or any councilman ~u~" of any ownership of property which is directly affected by any of the contemplated zoning provided under the comprehensive plan or any other provisions of the comprehensive plan that would have a direct material, monetary, or other financial benefit to them. The mayor and council disclosed ownership or interest in the following described parcels of property. Dwain A. Kinghorn, 145 Hiway Avenue - his home. Earl L. Romriell, 204 Hiway Avenue - his home, a five acre parcel fronting 5261 Yellowstone and an equitable interest in property fronting Yellowstone and Evans Lane. John O. Cotant, Jr., 420 West Chubbuck, property that his home and truck lines sets on, also part owner of property fronting 4581 Yellowstone, known as Highland Homes. With no more disclosures, Councilman Romriell moved to amend the earlier motion to adopt the comprehensive plan in its entirety and to exclude all the properties that have been disclosed by mayor and councilmen. Councilman Fullmer seconded motion. Mayor called for a vote on motion to adopt the Comprehensive Plan as amended. Roll call vote; Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. 121 Councilman Quick made motion to adopt that portion of plan as pertains to those properties disclosed by Councilman Romriell. Councilman Kinghorn seconded motion. Roll call vote; Fullmer, yes; Quick, yes; Kinghorn, yes. Councilman Romriell abstained because of in interest in that portion of plan. Councilman Quick made motion to adopt that plan as pertains to those properties disclosed by Councilman Kinghorn. Councilman Fullmer seconded motion. Roll call vote; Fullmer, yes; Quick; Romriell, yes. Councilman Kinghorn abstained because of his interest in that portion of the plan. Councilman Kinghorn made motion to adopt comprehensive plan as it pertains to the properties disclosed by Mayor John O. Cotant, Jr. Councilman Quick seconded motion. Roll call vote; Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Attorney Burnett asked that the minutes reflect that the Comprehensive Plan has been adopted and that the disclosures of properties will also pertain to ordinances to be adopted later. Meeting called back to order after a brief recess. Attorney Burnett prepared a resolution necessary for the adoption of the Comprehensive Plan. RESOLUTION 6-79 approving and adopting the Comprehensive Plan as culminated in the series of hearings was read in full by Mayor Cotant. ,. Councilman Quick moved to approve Resolution 6-79, approving and adopting the Comprehensive Plan. Councilman Kinghorn seconded motion. Roll call vote; Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Following adoption of Resolution 6-79 adopting the Comprehensive Plan, the mayor declared the hearing on the Comprehensive Plan closed. LAND USE HFARING PUBLIC HEARING - Mayor Cotant then read that portion of the notice that pertains to the Land Use Ordinance and opened the public hearing on the Land Use Ordinance. Land Use Ordinance was read in full by Attorney Burnett. In light of multiple previous hearings and readings and public sessions, Councilman Quick made the motion that the rule requ~ing thi~ ordinance to be read on three separate occasions be dispensed with. Councilman Fullmer seconded motion. Roll call vote; Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Councilman Kinghorn moved to adopt Ordinance #205, Land Use Ordinance. Councilman Quick seconded motion. Roll call vote; Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Mayor Cotant declared the hearing as to the Land Use Ordinance closed. 123 LAND DEVELOPMENT ORDINANCE HEARING - Mayor Cotant declared the public hearing open on the Land Development Ordinance. Mayor Cotant read the portion of the public hearing notice as pertains to the Land Development Ordinance and then Mayor Cotant read the Land Development Ordinance in its entirety. Councilman Kinghorn made motion that in light of multiple previous hearings and readings and public sessions, the rule requiring this ordinance in final form to be read on three separate occasions be dispensed with. Councilman Romriell seconded motion. Roll call vote; Fultmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Councilman Quick made motion to adopt Ordinance #206, Land Development Ordinance. Councilman Fullmer seconded motion. Roll call vote; Fullmer, yes; Kinghorn~ yes; Quick, yes; Romriell, yes. At the end of the enactment of the Land Development Ordinance, the hearing on the Land Development Ordinance was closed by Mayor Cotant. LAND IMPROVE~ENT STANDARDS ORDINANCE HEARING - Mayor Cotant opened the hearing on the Land Zmprovement Standards Ordinance and read the portion of the public hearing notice pertaining to the Land I:mprovement Standards Ordinance. Attorney Burnett read the Land Improvement Standards Ordinance in its entirety. Councilman Quick made motion that in light of multiple previous hearings and readings and public sessions, the rule requiring this ordinance in final form to be read on three separate occasions be dispensed with. Councilman Romriell seconded motion. Roll call vote; Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Councilman Romriell moved to adopt Ordinance #207, Land Improvement Standards Ordinance. Councilman Quick seconded motion. Roll call vote; Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Mayor Cotant closed the hearing on the Land ~mp~¥ement Standards Ordinance. The Land Development Ordinance #206 and the Land Improvement Standards Ordinance #207 were adopted after midnight, therefore making the date of adoption June 29, 1979. The mayor and council previously made disclosures and partial votes were taken under the Comprehensive Plan in order to avoid conflicts of interest. Attorney Burnett presented the following question to the mayor and council '!Under the Land Use Ordinance, is it true to say that that Land Use Ordinance does not provide for any immediate changes in zoning or other zoning regulations which will affect any of your properties?" There appeared to be no provisions of the Land Use Ordinance to be immediately implemented which will affect any economic interest to the mayor or any city councilman. 125 Attorney Burnett asked mayor and councilmen if any of them have any development projects going on or committed to, which will be affected by the Land Development Ordinance. There appears to be no development projects in process or committed to, which will be affected by the Land Development Ordinance, and similarly, since there are no projects ongoing or committedto, there is no conflict of interest with respect to any of the provisions of the Land Improvement Standards Ordinance. Councilman Quick moved, Kinghorn seconded with full council approval that the meeting adjourn at 1:35 a.m. the 29th of June, 1979. Vera C. Armstrong, City C?rk.