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HomeMy WebLinkAbout03 08 1994 CMCOUNCIL MEETING MINUTES March 8, 1994 51 Minutes of regular meeting held at city municipal building, March 8, 1994. Present: Mayor John O. Cotant, Council members Leroy S. Qu%ck, Steven M. England, W. Dean Wood, Marvin C. Gunter, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlino Meeting was called to order at 7:3~ p.m. by Mayor Cotant. INVOCATION was given by Bishop Luther Perkins, Bringhurst Ward, The Church of Jesus Christ of Latter-Day Saints. APPROVAL OF MINUTES Mayor Cotant asked for corrections or additions to regular meeting minutes of February 22, 1994. Councilman Wood moved to approve regular meeting minutes of February 22, 1994 as read. Councilman Quick seconded. All council members voted in favor of motion. PRELIMINARY PLAT FOR WHITAKER FARMS ASSN. PLANNED UNIT DEVELOPMENT An application by Whitaker farm Assn., a limited partnership, 280 S. Arthur for a preliminary plat for Whltaker Farm Planned Unit Development at 4915 Whitaker Rd. The proper%y is presently zoned, Industrial (I), and Limited Residential, (R-2). This proposal was tabled from the February 8, 1994 Council Meeting. Paul Jensen, Whitaker Farm Assn. stated he is trying to make this a well designed and well planned community. Mr. Jensen stated he did not know what the City wanted with the road to the south to E. Chubbuck Rd. Mr. Jensen felt the road has a large impact on the design and project. Mr. Jensen felt the neighborhood, sewer and land will not feel a difference between, 88 units, 98 units or 128 units. Mr. Jensen felt the density should not be an issue. Mr. Jensen presented to council, four amended plans for the proposed Planned Unit Development. Mr. Jensen requested approval of the modification presented, Modification - No. 2 Masterplan with construction approval for Phase I which includes 11 units. 53 WHITAKER FARMS ASSN. PUD PRELIMINARY DEVELOPMENT PLAN - (cont.) Mr. Jensen stated it is critical the plan be approved because of interest rate changes and construction season consideration. After decisions are made by neighbors (relative to granting easements), comprehensive plan authors, land use development commission members, and city council members, the final detailed PUD master plan will be prepared reflecting the roadway decisions and detailing all improvements. Mr. Jensen said each time a unit is deleted it cuts the profit of the project. Mr. Jensen said it also creates a burden on the owners having to maintain same area with less owners. Mr. Jensen responded to comments made about fire fighting concerns, also about installation of a path all around the project, which could be used for access. Home owners Assn. would ask that back yards not be fenced. Fred Lewis, 611 Vern said there have been some changes in the project, by doing away with some storage units, but, this did not lower the density. Mr. Lewis stated, if allowed the Project should have some kind of buffer between residents there now and project. Mr. Lewis reminded the Council the bonus to the density allowed in PUD Ordinance, can only be given if the density bonus is earned. Randy Smith, Attorney for Paul Jensen explained Paul Jensen could, if he wanted to, make the density much higher than proposed. Mr. Smith felt the PUD Code is not very clear. Mr. Smith stated Mr. Jensen has compromised as much as he can. Fred Lewis stated he calculated the density formula, and came somewhere within 70 unit range, not counting the various bonuses. Somewhere in the $0 range if full bonuses are given. Mr. Lewis said that since we have a PUD Ordinance the City should impose an R-2 lot density. Mr. Lewis said this is not an Industrial Use of this land, but, a Residential Use. Mr. Lewis stated the property owners to the north will be willing to give the City easements for the road to the north. Mayor Cotant stated the Comprehensive Plan is being reviewed, there is discussion about stubbing out streets to the north and south. As the Comprehensive Plan develops, and if the street is required at that point in time, easements in place, etc., then Mr. Jensen would run the street to the north and south. Mr. Jensen stated 100 units is not unreasonable. 55 WHITAKER FARM ASSN PUD PRELIMINARY DEVELOPMENT PLAN - (cont.) PWD Smart explained the density formula. Discussion about off-street parking. Mr. Jensen stated the units will be built with one garage for each unit, plus one space in front of garage. RVs will not be allowed, other than in storage sheds. Mayor Cotant suggested the entrance off Whitaker Rd. be narrowed, to protect the homes near the entrance. Councilman England stated the more self contained the planned unit development is, the less residents in the area will be impacted. Councilman Wood moved to approve the Whltaker Farms Assn. Preliminary Plat and Preliminary Plan First Phase (11 units), to grant a conditional use permit to the W~itaker Farm Assn. to construct a planned unit development as outlined in modification #2 with density to be calculated on the basis of an (R-2) calculat~lnding that because it is residential area that fits ou~Li~ited Family Residential (R-2) zoning as opposed to our Single Family Residential zoning (R-l), that the (R-2) density formula should be generally applied to this project. That it would be applied by taking the gross land area, subtracting from that the street, which would include not only the asphalt, but the curb, gutter sidewalk, the storage area buildings and road, the net area would have subtracted from it 6000 sq. feet for each of the separate free standing structures, which presented tonight would be 17. After subtracting the remaining amount would be divided by 2,500 sq. ft. which is (R-2) calculations. The entire area except the storage unit area would be surrounded by solid six foot fence, with the fence to be designed to tie in with the character of the planned unit development. The fence to run as close to Whitaker Rd. as is allowed by site triangle restrictions. The solid fence be continued out on both sides to Whitaker Rd. to buffer the surrounding residential area. That the developer present a plan to keep the landscaping in middle going to ~-~itaker Rd., reducing the size of landscaping in middle of road to Whitaker Rd. so a~ to minimize the impact to the two adjacent homes. That the developer provide in master plan a stub out to the north, to preserve the potential corridor in event the proposed local street stays in the comprehensive plan when finalized. That the access to Chubbuck Rd. be developed prior to the completion of 5~% of the pro3ect. Property be purchased for access to Chubbuck Rd. within the one year option. That proof of that purchase be presented to the city, if 50% development has not been attained at that time. 7 WHITAKER FA1RM ASSN. PUD PRELIMINARY DEVELOPMENT PLAN - (cont.) Require the stub be provided for the continuance of the road called for in the comprehensive plan to the north. The proposed reduced street width for the road as per Mr. Jensen's sketch. The 30' pavement section with the 20' landscaped area to the west, the landscaped area to the east with curb, gutter and sidewalk on the west side also, parking on the west side. Councilman England seconded. All council members voted in favor of motion. A 25% increase in density is allowed, if the following items are satisfactorily addressed. Code #18.20.080: A. Landscaping of common area permits 10%. B. Siting, using visual focal points permits 5%. C. Design features, streets and architecture permits 10%. Councilman Gunter stated the pedestrian path around the project helps considerably. As for the recreation area the project might be lacking. Mr. Smith stated, you cannot Judge all projects by country club standards. Mayor Cotant said if the pro3ect does not meet the highest requirements, the developer would not get the full 25%. Councilman Gunter moved to grant the project an additional 15% density for addressing a, b and c of Code 18.20.080. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, no; Wood, no; Gunter, yes; Cotant, yes. Motion passes. PUBLIC HEARING JYN PARTNERSHIP - An application by JNY Partnership, 416 S. 4th. Pocatello for a change of Land Use District, upon requested annexation to Limited Residential, (R-2) for approx. 22.5 acres and Commercial (C-l) for 1.8 acres. Property located west side and in the 12000 block of N. Hiline, West 1/2 of the NW 1/4, SW 1/4, SW 1/4 of Section 35, Township 5S, Range 34, E.B.M. Mayor Cotant declared the public hearing open. Tim Shurtliff, Shurtliff Engineering was present, explaining the proposal. This property is not contiguous to present City boundary, annexation would, by necessity, take in other undeveloped land. 59 JYN PARTNERSHIP - (cont.) Attorney Holmes stated the City does not have legal means to annex the property. Mayor Cotant stated the City can provide utility services. PWD Smart said the proposal is a full mile beyond Siphon Rd., serving the proposal with water is going to require a 16" water line. The sewer will go into the sewer lift statign at Ellis School. Mayor Cotant declared the public hearing closed. Councilman Gunter moved to deny the proposal by JYN Partnership a change of Land Use District, upon requested annexation to Limited Residential (R-2), and Commercial (C-I). Councilman Quick seconded. All council members voted in favor of motion. PUBLIC HEARING - JNY PARTNERSHIP PRELIMINARY' PLAT - An application by JNY Partnership, 416 S. 4th., Pocatello for a preliminary plat of Homestead Estates Subdivision, a subdivision located on a tract of land on the west side, and in the 12Q00 block of N. Hiline Rd. Fire Chief Campbell suggested land for a 50'x50~ fire station be required from the developers. Richard Nelson, 13032 N. Moonglow was not in favor of donating land for a fire station. Kent Yost, 13826 Moonglow was not against the fire station land donation as much as the cost of getting the infrastructure to the development. Mr. Yost felt a 16"'water line is not needed. Project Engineer Gerd Dixon did an analysis on whether a smaller water line than a 16" would serve the area. Gerd Dixon said the project will require a 16" water line. Discussion about ways for JNY Partnership to recoup the costs of extending the utilities to the proposal. Mayor Cotant suggested the City look to State for help in financing, maybe a grant for a project like this. Mayor Cotant stated the City will look at participating in some way. After considerable discussion, Councilman Wood moved to table the JNY Preliminary Plat until the April 12, 1994 Council Meeting. Councilman England seconded. All council members voted in favor of motion. PUBLIC HEARING - VISTA PARK SUBDIVISION - A proposal by Harold L. Scalf, 5047 Elizabeth Ave. for a change of Land Use District for Vista Park Subdivision in the westerly portion, from Agricultural (A) to Single Family, Residential (R-l). Located on a tract of land north and west of Johannsen Place. Mayor Cotant declared the public hearing open. Harold Schalf, 5047 Elizabeth presented the proposal. Mayor Cotant declared the public hearing closed. Councilman England moved to approve a change of Land Use District for Vista Park Subdivision in the westerly portion, from Agricultural (A) to Single Family, Residential Councilman Quick seconded. All council members voted in favor of motion. PUBLIC HEARING VISTA PARK SUBDIVISION PRELIMINARY PLAT An application by Harold L. Scaif, 5047 Elizabeth Ave. for a review of a preliminary plat of Vista Park Subdivision, a subdivision located on a tract of land north and west of Johannsen Place. Request to vacate the northerly 117' of Johannsen Place. Mayor Cotant declared the public hearing open. Mayor Cotant declared the public hearing closed. Councilman England moved to approve the Vista Park Subdivision Preliminary Plat as presented, along with vacating the northerly 117' of Johannsen Place. Councilman Wood seconded. All council members voted in favor of motion. PUBLIC HEARING KASISKA SUBDIVISION PRELIMINARY PLAT An application by John P. Marshall, P.O. Box 250, Pocatello for review of a preliminary plat of Kasiska Subdivision, west of 4400 and 4500 block, Hawthorne Rd. Property is presently zoned Limited Residential (R-2). The Land Use and Development Commission tabled the Preliminary Plat of Kasiska Subdivision, asking John Marshall to present an amended preliminary plat for review at the April 7, 1994 Land Use and Development Commission Meeting. Councilman Wood moved to table the Preliminary Plat of Kasiska Subdivision until the April 12, 1994 Council Meeting. Councilman Quick seconded. All council members voted in favor of motion. 63 PUBLIC HEARING - ESPIE 2ND. ADDITION SUBDIVISION PRELIMINARY PLAT - An application by Roy J. Lacey, 12411 N. Corey Lane for review of a Preliminary Plat of Espie 2nd. Addition Subdivision, corner of Mathew and Rodney Streets. Property is presently zoned, Single Family Residential, (R-l). Mayor Cotant declared the public hearing open. Tim Shurtliff, Shurtliff Engineering represented the developer explained that this is the third and final phase of the Espie Subdivision. No one was opposed to the proposal. Councilman Wood made motion to approve the Preliminary Plat of Espie 2nd. Addition as presented. Councilman England seconded. All council members voted in favor of motion. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman England moved to approve computer print-out claims as presented. Councilman Wood seconded. All councll members voted in favor of motion. BUSINESS LICENSE APPLICATION - Gary McIntosh, Weiser, Idaho has applied for license to sell barb wire sculptures at the corner of Yellowstone Ave. and Poleline Rd. (Green T Parking Lot). Councilman Qulck moved to grant a business license to Gary McIntosh, Barb Wire Sculptures to sell arts and crafts at the Green Triangle Parking Lot. Councilman Gunter seconded. All council members voted in favor of motion. At 11:30 p.m., Councilman England moved, Councilman Gunter seconded, with full council approval to adjourn meeting. Ron C. Conlln, City Clerk MERRILL ~ MERRILL CHAF~TERED COUNSELOR$ AN D ATTOR N EYS AT LAW 109 NORTH ARTHUR - 5TH FLOOR P.O. BOX E)gl POCAtELLO, ID 83204-0991 April 11, 1994 Thomas J. Holmes JONES, CHARTERED P.O. Box 967 Pocatello, ID 83204-0967 Re: Chubbuck City Council Meeting Minutes Dear Tom: After reviewing the original minutes of the City Council and the amended minutes you sent to me, I want to be certain that the City Council is suggesting (by its motion) the same thing that Paul is understanding by that same motion. Paul understands that the City Council granted him a conditional use permit to construct the first phase (11 units) of a planned unit development with the density to be calculated on the basis of'a regular R~2 calculation (as outlined in the motion) because Paul was constructing R-2 units. He also understands that (1) he is to provide (in his Master Plan) a stub out to the north and (2) he is to develop access to Chubbuck Road by purchasing it within one year and/or the development of 50% of the project, whichever is sooner. However, Paul further believes (as per the comments of the Council and the absence of any further language in the motion) that he can: As is consistent with his 3/8/94 proposal to the Council, amend the PUD to request approval to build apartments in the west of the PUD, if the road from Chubbuck Road to the PUD is continued to the north, using the north stub; thus changing the character of that road to that of a collector; bo Request approval to eliminate purchasing access to Chubbuck Road if the comprehensive plan changes and does not provide for such rpad; Present the city with a written option to purchase (allowing Paul to purchase the access to Chubbuck road) over a longer period of time Thomas J. Holmes April 11, 1994 Page 2 than one year if he doesn't want to purchase the property and/or easement within the next year. Please review these understandings which I have explained to you. If Paul is in error, please contact us. As a matter of information Paul has now completed his budgeting/estimating efforts for the project since approval of the project by the City Council. As you will recall, his estimate on 3/8/94 showed the project as a loss of $119,000.00. Continued efforts to refine numbers and find economies have resulted in a $116,000.00 profit for the 100 unit, self-contained Road Budget Model. Changing that base model had the following effects: 100 unit self-contained road 92 unit self-contained road 92 unit Loop Road South to Chubbuck Road $116,000.00 2,000.00 (56,00O.00) If Paul builds only larger units (rather than some of the smaller units envisioned in the original project), the 92 unit model can be changed to a positive cash flow projection. The character and layout of the project will remain the same but the units will all be two story rather than a combination of two and three story. Thus, you can see the impact of the Council's decision, in effect, changes the project character. Paul is extremely frustrated by these facts and has agonized over abandoning his target goal of providing some of the townhouses for the "starter home" market. If I can be of further assistance herein, please contact me. Sincerely, MERRILL & MERRILL, CHARTERED NRS/iml/1192