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HomeMy WebLinkAbout004 11 02LAND USE AND DEVELOPMENT COMMISSION April 11, 2002 Minutes of the regular meeting of the Land Use and Development Commission held in the City Municipal Building April 11, 2002. Present: Acting Chairman Don Moore; Commission Members: Jason Mendenhall, Mary Harker, Gayle Anderson, Dusty Whited, Nolan Briscoe; Attorney: Tom Holmes; City Staff. Larry Kohntopp, and Steve Smart; Secretary Myrna Crapo. Chairman Moore called the meeting to order at 8:00 P.M. Chairman Moore asked for approval of the March 7, 2002 minutes. Dusty Whited moved to accept the minutes and Mary Harker seconded the motion. All voted in favor. Chairman Moore asked if any commission member had a conflict of interest. Gayle Anderson stated that Dennis Anderson was his nephew, but he has no financial gain. PUBLIC HEARING: 1. An application by Dennis Anderson, and Dean Funk, P.O. Box 2968, Pocatello, Idaho, 83206, a conditional use permit for a business and a residence on the property. Property is located on the SW corner of Siphon Road and Whitaker Road, north of Victorian Village. Dean Funk, P.O. 1749 S. Fairway, Pocatello, they have owned it for 18 years. It was originally purchased for a storage unit. They would like to build a home and operate their business there. They would like a greenhouse setting on part of it. The sewer is already there. They will also have water. It would make a good buffer between the residential & commercial. It includes a privacy fence. There will only be one access into the property, but they would like to have two; (one off of Whitaker road). Dirk Anderson, 193 Adams, trees will be planted along the outside of the fence to block the visibility of the fence. The trees will be along the railroad right-of-way. The wood would not need to be built up higher then the fence. It would not be visible. The fence would be a solid wood fence. They do wood splitting and it is not that noisy. The hours of operation are 8 A.M. to 5 P.M. All of their work will be done off of the premises, there wouldn't be a lot of traffic. All of the vehicles would be behind the tree line in an equipment shelter. The commission discussed: The location of the buildings on the property 40' buffer between residential and commercial Land Use and Development Commission April 11, 2002 Page 2 Steve Smart explained to the commission that he and Larry Kohntopp has spent a lot of time with Dennis Anderson concerning a 40' buffer requirement between commercial and residential, which could be reduced to 20' with fencing and landscaping. It would be along the south property line. Dennis Anderson 1639 Jane, Pocatello, the fence is for security. They would plant Vertical Jennifer trees for the buffer. The fence would be vertical cedar fence. The meeting was opened to public testimony. Ken Funk, 441 Chesapeake is opposed because of the residential community that is already there. They don't want industrial in their back yard. It would fit better in a place where their was acreage's. Ken Snyder, 5590 Whitaker Road, he questioned what would be going in on the rest of this property. Colton Kirk, Inkom. He owns additional land in the area and would like to buy the other piece. He would put a driveway off Whitaker. He is not opposed to what is going on. Along as there is buffers and they keep it looking nice, it shouldn't be a problem. Ken Snyder wondered where Mr. Kirk would put his house and driveway. Ken Funk, it would devalue the rest of the property in Victorian Village. Several homes in the are have already been sold, and they are taking longer to sale. Kevin Davis, 449 Pocano, how tall would the shops be, would privacy fence be put on the south side, how the promises such as trees, etc. get enforce and would they be manufactured home or stick built. Attorney Tom Holmes explained the enforcement would be done by complaints or the enforcement officer checking out the area. Dean Funk, a manufactured home would have certain requirements that would have to be meet. Terry Baker, 468 Pocano, his home would look down into the property. He was concerned with possible odors. The proposed freeway access probably will not be put in for a long time. Ken Funk, It would be difficult to sell homes that are directly south. Robert Olsen, 5530 Shenandoah, how will they get rid of the litter materials. y Land Use and Development Commission April 11, 2002 Page 3 Ken Snyder the irrigation ditch that runs along the south side would they have water rights. Dean Funk, they retain the water right and there is still sufficient water for them to use for their pasture. They are last on the ditch line. Dennis Anderson, 1639 Jean, he has been involved with small compositing situation and have never found an objectionable odor. The disposal of the waste product; they would like to develop a market for kindling and sell it. The mulch they sell, or give away. They won't be dumping chips on their property. They operate their equipment around residential homes now and the noise is compatible. Mike Bird, would like the commission to stipulate the required size of trees and scrubs. He would like it to be a pleasant transition between what they are doing and what he is doing. Dirk Anderson, their goal would be to have a tree that would grow quickly. He wouldn't want the size to be specified. A variety of trees would work better. Chairman Moore closed the public comment and brought it back to the commission. Dusty Whited moved that we approve the conditional use permit application by Dennis Anderson and Dean Funk, P.O. Box 2968, Pocatello Idaho for a business and a residence on the property; contingent upon the annexation and zoning being approved and with the condition that they meet the landscape ordinance of the City of Chubbuck for the size of trees, etc. Nolan Briscoe seconded the motion. Roll call vote: Nolan Briscoe, yes; Jason Mendenhall, yes; Mary Harker, yes; Dusty Whited, yes; Don Moore, yes; Gayle Anderson, yes. 2. An application by Tom Holm, 5735 Sorrell Drive, Chubbuck, Idaho 83202 for a preliminary plat for Greener Pastures 1St Addition. Property is located at the SW 1/4, Section 34, Township 5S Range 34E. (Intersection of Lariat and Hawthorne Road). Tom Holm, 5735 Sorrell Drive, talked to the neighbors and found out their concerns. They want to replat. The neighbors don't want to see the neighborhood change. Their restrictive covenants prohibiting subdivisions; but the restrictions covenants have expired since 1977. Other neighbors have divided their land. They will not change the neighborhood with this development. The neighbors were concerned with their property values. They plan on building one house and selling the other lots, and have turned the two lots 90 degrees. They do not want to buy any other property in the neighborhood. The fifteen foot easement is underground power. _ Land Use and Development Commission April 11, 2002 Page 4 The commission asked for a clarification on the easement on the south end of the property. Steve Smart they have met all the requirements of the platting. He didn't know what the easement was for on the plat. Chairman Moore opened the meeting for public comment. Kenneth Jones, 5673 Sorrell, his lot was subdivided before he moved there. He is against the proposal. Jim Driever, 5750 Sorrell, he built the first house in the area. He doesn't like the idea of changing the area. He doesn't want the rocks and dusts that will be created while the house is being built. Janet Williams, 5730 Sorrell is not in favor of the development. She objects to two houses being built. Greg Evans, 5760 Sorrell, he moved there because of the neighborhood. The restrictive covenants may have expired; the city doesn't enforce restrictive covenants. He is not in favor of the subdivision. Kathleen Hogan, 400 Lariat Lane, it would change the community with cattle, irrigation rights, etc. It will create additional traffic, additional noise, etc. What would it cost the city to put in this subdivision? She would like to preserve the community. This would change the community. Joy Holm, 735 Sorrell Drive, passed out copies of the restrictive covenants to the Land Use Commission. They have been expired since 1977. A copy is on file at the court house. Kenneth Jones, 5673 Sorrell Drive, asked about the correct plat we were using. He was looking at two different plans. They wanted to keep this a country lane. Bob Andersen, 5646 Sorrell Drive, he is opposed because the intent of greener pastures was acreage homes. Tom Holm, the issued seems to be that he could turn them 90 degrees. It will not raise traffic for house further down the lane. The public hearing was closed and brought back to the commission for a discussion and a motion. ^. The commission review the issues. Land Use and Development Commission r_*N April 11, 2002 Page 5 1. The animals being allowed on the subdivided property 2. The water rights are protected Steve Smart - The subdivision does meet the requirements of the city. Staff sees no problems with the development. Mary Harker moved to recommend to the City Council for consideration to approve in the Greener Pastures Subdivision the preliminary plat of lots 1 and 2 in block 1 of the subdivision. Jason Mendenhall seconded. Roll call vote. Nolan Briscoe, no; Jason Mendenhall, yes; Mary Harker, yes; Dusty Whited, yes; Don Moore, no; Gayle Anderson, no. Motion failed because of a lack of a majority. Mary Harker moved to recommend to the City Council denial of the Greener Pasture Subdivision, lots 1 and 2 of block 1. Jason Mendenhall seconded. Nolan Briscoe, yes; Jason Mendenhall, yes; Mary Harker, yes; Dusty Whited, no; Don Moore, yes; Gayle Anderson, no. 3. An ordinance amending section 18.12.040(1) to conform this section to 18.08.010 with respect to abutting zero lot line residences and the density restrictions under other provision of this n ordinance. The meeting was opened to public comment. There was none. The public comment was closed and brought back to the Commission. Mary Harker moved to recommend to the city council the approval of ordinance amending section 18.12.040(1) to conform this section to 18.08.010 with respect to abutting zero lot line residences and the density restrictions under other provision of this ordinance. Dusty Whited Seconded. Roll Call vote: Nolan Briscoe, yes; Jason Mendenhall, yes; Mary Harker, yes; Dusty Whited, yes; Don Moore, yes; Gayle Anderson, yes. 4. An ordinance amending section 18.12.031A to prohibit shipping containers, including those used on ocean-going vessels and railcars from being used as accessory structures. The meeting was opened to public comment. Shirley Jones, Denny's Wrecker Service, 545 N. 14'h, Pocatello, is opposed to the ordinance as it will affect her business. They own similar containers and it will impact their business. They are nicer that other storage sheds that are now being used. Land Use and Development Commission 1,6 April 11, 2002 Page 6 Craig Parrish, 689 East Chubbuck Road, passed out pictures of current storage sheds in ,r*�N Chubbuck He is in favor of the containers that Shirley Jones sales. Grant Bodily, 1392 Ammon, he inspects these storage containers in the area after they are set up and she does a good job. They should not rust. The public hearing was closed and brought back to the commission for a discussion. 1. The attorney to redo the ordinance and bring back next month. Mary Harker moved to table this item until our next meeting Jason Mendenhall seconded. Roll call vote: Nolan Briscoe, yes; Jason Mendenhall, yes; Mary Harker, yes; Dusty Whited, yes; Don Moore, yes; Gayle Anderson, yes. 5. An ordinance amending 18.08.040A to conditionally permit Class I and Class 11 production building in industrial areas. The meeting was opened to public comments, there was none. The public hearing was closed. Dusty Whited moved to recommend to the city council amending ordinance 18.08.040A to conditionally permit Class I and Class II production building in industrial areas. Mary Harker seconded. Roll call vote: Nolan Briscoe, yes; Jason Mendenhall, yes; Mary Harker, yes; Dusty Whited, yes; Don Moore, yes; Gayle Anderson, yes. GENERAL BUSINESS 6. Review of Land Use Comprehensive Plan Map The commission reviewed the proposed map. It was decided to study the map for the next meeting. Mary Harker moved to adjourn at 11:30 with Dusty seconding. —i —;�/ Don Moore, Acting Chairman Secretary