HomeMy WebLinkAbout004 06 00LAND USE AND DEVELOPMENT COMMISSION
April 6, 2000
Minutes of the regular meeting of the Land Use and Development Commission held in the City
Municipal Building April 6, 2000.
Present: Chairman Pete Anderson, Commission Members: Gayle gn~derson, Dusty Whited,
Myrna Cain, Nolan Briscoe, Mary Harker, Council Representative: Kent Kearns; Attorney: Tom
Holmes; City Staff: Sean Harris and Larry Kohntopp; Public Works Assistant: DeLaina Baker.
Chairman Anderson called the meeting to order at 8:00 pm.
Chairman Anderson asked for approval of the March 2, 2000 minutes. Myrna Cain moved to
approve the minutes. Motion was seconded. All voted in favor.
Chairn~an Anderson explained how the meeting would proceed.
PUBLIC HEARING:
An application by Working Performance Company, 697 E 1600 N, Idaho Falls,
for a Preliminary Plat for Garden Oaks Subdivision. Property is located south of
5564 Hawthorne and west of 355 W. Siphon. Property is zoned Limited
Residential (R-2)
Sean Harris reported that the applicant brought in a revised plat to present. He pointed out
changes in the plat to the commission members and answered their questions.
Chairman Anderson asked for a representative of Working Performance Company to speak.
Willard Price, 697 E. 1600 N, Idaho Falls, discussed the advantages of the park location. He
explained that the lots will be available for sale to the public, since he is not developing them
himself. The lots are intended for single family homes.
Chairman Anderson asked if Fort Hall had approved the bridge connecting Briscoe to
Hawthorne. Willard Price said that he would rather not have it and had not talked to Ft. Hall.
Sean Harris responded that the City recommends the bridge based on the comprehensive plan
showing Briscoe connecting to Hawthorne.
Tom Holmes asked if Price would be buying more in phases. What is your intent? Price said
that there was a division one and a division two planned with Siphon road as the only access.
There would be a cul-de-sac at the end of the street until the next phase, and that there would be
four phases all together, with the park phase being the last. Discussion continued to clarify the
progression of the phases.
Kent Kearns proposed that it be noted on the plat that there will be no duplexes or zero lot line
homes allowed. Willard Price agreed. Chairman Anderson explained declaring a geographic
area, if restrictions on duplexes are not noted on the plat. Sean Harris said there will probably
need to be an easement between lots 1 & 2, as well.
Chairman Anderson then opened up the item for public comment.
Donna Brown, 326 W. Siphon Rd., asked what xvould become of a specific road.
Vickie Boll, 5377 Lori Lane, said she represented residents who could not attend. She had some
questions and a concern about property values being maintained. What kind of homes? Lot size?
Minimum footage? She expressed that they feel modular homes would affect their property
value. The commission answered that we have no control over that, since restrictive covenants
are controlled by the developers. Owning the property is the only way to have control over the
covenants.
Darren Bauer, 5270 Stuart, expressed again that other residents were tied up at a church meeting
elsewhere. He recalled some history of Cottage Grove and the progression of the price of homes
being added. He moved to Chubbuck at time when the public's view of this city was less than
favorable, and recommended strongly that we keep the community upscale in its development.
The commission responded with the city's inability to control inclusion of modular homes.
William Konzel, 5375 Stuart, proposed that we postpone discussion due to the revised plat
presented. He also asked if anybody had challenged the state law regarding modular homes. The
commission said no, but the law came from discrimination lawsuits. Konzel spoke on research
done personally that modular homes would lower property values. Commission reiterated the
standards.
William Konzel asked about taxes being lowered when values dropped. Tom Holmes responded
how that is up to the County Assessors office. Konzel also expressed concern about traffic flow
on the streets and the years of construction the residents face dealing with. Mary Harker
mentioned that subdivisions in Chubbuck have experienced up to 20 years of construction due to
continued growth here. The commission answered Konzel about containment of excavation by
informing him that he would address complaints to the developer.
Hugh Hatch, 345 W. Siphon, feels sewer lines are a major concern because he has had
difficulties already on his property. The commission said sewer requirements will be reviewed
by the city. Hatch said he has talked to Mr. Price and believes he will work with the residents.
Neil Matthewson, 422 Mindy Drive, has experienced drops in property values personally and is
concerned about the upkeep of homes of lower quality. The commission again expressed that
restrictive covenants must be enforced in court by residents, that the city has no authority.
The commission then explained that there will be further public comment invited in the process
following the recommendations by the Land Use Commission to the City Council.
Lori Sontag, 425 Mindy, asked for explanation of zero lot line homes and the commission
replied. She also asked if the park is a city park. The answer was yes.
Sontag asked about Lori Street not being extended until later phase, and also that she wants
requirements placed on modular homes. Again, the commission said the residents must take that
up with developer, and there are only lots for sale individually planned at this time.
Chairman Anderson asked for any more public comment, and there being none, closed public
comment. He also asked if the applicant had any final comments, and there being none,
turned back to commission for discussion.
Conditions:
1. Plat will show a sewerline easement between Lots 1 and 2, Block 1.
2. Easement along the canal needs to be expanded from 18' to 25'.
3. Street names will be changed to match up with Stuart and Lori Lane.
4. The subidivision is designated as a geographic area.
Following discussion, Dusty Whited motioned to approve preliminary plat with the conditions
discussed. Gayle Anderson seconded the motion. Roll call vote: Gayle Anderson, yes; Dusty
Whited, yes; Mary Harker, yes; Nolan Briscoe, yes; Myrna Cain, yes; Pete Anderson, yes.
Plat will come before the City Council the second Tuesday in May.
An application by Terry Ray Commons, 4876 Yellowstone, Chubbuck, Idaho for
a Preliminary Plat for Mystique Subdivision. Property is located at 158 East
Chubbuck. Property is zoned General Commercial (C-2)
Chairman Anderson opened item two for comment or questions.
The commission clarified the location and discussed the access easement and new building
placement. Sean Hams said the easement will not tie into Bluegill. Dusty Whited said Eric King
reviewed this and did not have problem.
Terry Ray Commons, applicant, said it will be "awesome." He needed to expand on the
successful business of Mystique theater, which pulls customers from the southeast Idaho region
by word of mouth. He described the facade of the proposed building facing Chubbuck Road, and
answered the commissions questions about ownership of the property. The commission
discussed lot breakup. Commons also responded that the parking will be in front.
Tim Shurtliff described the 30 ft. wide easement as being planned on lot 3, rather than lot 1.
Chairman Anderson opened the item for public comment, and there being none, turned it back
over to the commission.
With no further comment offered by applicant, Mary Harker motioned for approval of the
preliminary plat. Myma Cain seconded. Roll call vote: Myma Cain, yes; Nolan Briscoe, yes;
Mary Harker, yes; Dusty Whited, yes; Gayle Anderson, yes; Pete Anderson, yes.
An ordinance of the City of Chubbuck amending Chapter 18.28 to provide that
designation of Geographic Areas shall go through a public hearing process.
Chairman Anderson opened item three for comment.
Larry Kohntopp said after discussing this with Sean Harris, that they think we are protected as it
is. Larry Kohntopp read the code section on conditional use permits aloud. Tom Holmes
discussed the clustering of homes like in Misti Manor. The commission discussed the ordinance.
Sean Harris read further in the same section of code. The commission discussed the code and
how it has been applied.
Chairman Anderson then opened for public comment, and there being none, turned it back over
to the commission. Dusty Whited moved that the LUC recommend the adoption of the
amendment. Mary Harker seconded. Roll call vote: Gayle Anderson, yes; Dusty Whited, yes;
Mary Harker, yes; Nolan Briscoe, yes; Myma Cain, yes; Pete Anderson, yes.
GENERAL BUSINESS:
Review of the Conditional Use Permit for Madden Towing and Repair, 145 E.
Linden Avenue.
Larry Kohntopp reported on his observations. The conditions apply for impound yard only- not
the repair business. Kohntopp recommended dust abatement, improved landscaping and general
appearance, and disposing of several vehicles stored on the lot. He provided photos to the
commission. Cindy Madden was in attendance.
Chairman Anderson proposed narrowing the issues. The commission discussed which issues to
address. They considered items 2 and 3 of the conditions placed by the ordinance as most
prominent.
Larry Kohntopp read the definition of a "vehicle repair site", which includes storage time of less
than 15 days for vehicles being repaired. Chairman Anderson asked for comment from Cindy
Madden.
Madden addressed the landscaping issue by comparing other commercial sites in Chubbuck she
regarded as similar. Larry Kohntopp asked if it was sprinkler irrigated. Madden says it will be.
She also responded about dust abatement efforts they have made and said the neighbors she has
asked have no complaints about dust. She compared property nearby with same abatement level.
Cindy Madden reported that the abandoned vehicles have been reported to the Chubbuck police,
but nothing has been done. She said it would cost her $100 per vehicle to dispose of them.
Discussion followed on the cost of salvaging the vehicles, and which vehicles are owned by
Madden and which are abandoned (about 15 according to Madden). She said she can't get
paperwork processed by police, as she has seen done in other cases of towing abandoned
vehicles. There is a disposition vehicle form, but she can't get police to assess the value of the
vehicles and take responsibility for the necessary procedure costs.
The commission discussed dust abatement methods, including paving from the curb cut to the
parking by the office. Other business lots were compared, and the scope of the conditional use
permit was discussed. The landscaping issue will be discussed at a later time.
Dusty Whited moved to extend the conditional use permit with a review in three years. Myma
seconded. Chairman Anderson conducted the vote, and the motion was carried.
Discussion on the review of the Cellular Tower Ordinance - David Monselle,
Land Acquisitions, consultant. Kay Penrod, Commnet Cellular, consultant.
The commission addressed David Monselle, and provided him with a copy of the ordinance.
Kay Penrod was not present.
Monselle responded to the ordinance- including height limits, use of city property, zoning
recommendations, structures allowed, and fall zones. The commission also discussed single use
towers, the number of users per tower, and co-location guidelines. Monselle encouraged the city
to use flexibility in the ordinance to promote co-location.
3. Discussion of the proposed Ordinance dealing with the setback on a comer lot.
The commission discussed:
1. History leading to the ordinance. Larry Kohntopp diagramed the situation.
2. A proposed change in setbacks to 25 ft. on both R-1 and R-2 comer lots.
Tom Holmes will redraft the ordinance and bring it back next month.
2. Subdivision Workshop in Idaho Falls on April 15.
Sean Harris will attend. No others.
The commission discussed "Our Valley Our Vision" meetings and the Portneuf Valley
comprehensive plan.
Mary Harker moved to adjourn the meeting. Nolan ~ fe~d~
Minutes Approved by:
Public Works Assistan{
~-~C C h~{nTl~
at 10:37 pm.