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HomeMy WebLinkAbout006 03 99LAND USE AND DEVELOPMENT COMMISSION June 3, 1999 Minutes of the regular meeting of the Land Use and Development Commission held in the City Municipal Building June 3, 1999. Present: Chairman Pete Anderson, Commission Members: Ray Rosen, Mary Harker, Myrna Cain, Wally Wright; Council Representative, Kent Keams; Attorney Tom Holmes; City Staff: Larry Kohntopp and Secretary Myrna Crapo. Chairman Anderson called the meeting to order at 8:00 PM. Chairman Anderson asked for approval of the May 6, 1999 minutes. Kent Keams asked that Rays Rosen motion on Page 5 be changed to read north of Knudsen, East of Hawthorne, north to West Chubbuck Road, West of the canal. Wally Wright moved to approve the minutes as corrected. Myrna Cain seconded the motion. All voted in favor. Chairman Anderson asked if any commission member had a conflict of interest. There was none. PUBLIC HEARING: 1. A conditional use permit application by Geri Barnard, P.O. Box 2553, Pocatello Idaho, to place a Manufactured home(Class II Home) at Lot 6, Block 2 the Meadows Subdivision (4822 Polder). The area is zoned R-2 Limited Residential. Attorney Tom Holmes explained the state law and the requirements for manufactured homes. The commission discussed: 1. Changing the square feet per multi sectional to 1,000 square feet. Geri Barnard, 210 Circle Inn #2, was manager of Circle Inn Trailer Park. She bought property in Briarwood but her trailer wouldn't fit in the lot, so she purchased a lot in Meadows Subdivision. She has a nice looking manufactured home and will maintain her home. Her Triple wide square footage is a little over 2,000. The lot is 76 X 95. Chairman Anderson opened the meeting for public comment for or against. Elaine Hale, 4825 Whitaker Road, she lives across the street from the development. There is serious drainage problems with the subdivision. She contacted the building contractor of the Association of Idaho Contractors, Mr. Macoffie and he answered her questions, concerning the state law. She shared with the commission what She had learned. 1. This section should not be considered solely on the first paragraph. 2. A conditional use permit is not a blanket giving away anything anywhere. 3. A person has the right to develop his property, but property rights also extend to the people in the area who have already developed their property. Land Use and Development Commission June 3, 1999 Page 2 She doesn't think the city is out of compliance with the state code. They had concerns about the size of the lots when the development was first brought to the Land Use Meeting. She would like to see a garage put in there; as most homes in the area have garages. Ross Minson, 4840 Whitaker Road, he is across the street from Ms. Bamard. The homes in the neighborhood are brick homes. He would like to have a garage required. There is not enough room for the cars to park on the street. He would like to see the exterior siding in the class of a vinyl home to be compatible with the area. The first house will set the precedence. Kelly Taylor, 530 E. Chubbuck Road, the city has good enough standards and needs to maintain them in that area. He would like to maintain the atmosphere of the area Lori Harding, 5131 Whitaker Road, the width of the street won't allow on street parking. Where are the children going to play; if the lots are not big enough, they will go to the homes in the area. Their property value may be effected. It is not in agreement with the appearance of the neighborhood. The irrigation water is a problem as it has not been taken care of. Bob Luker, 4839 Whitaker Road, all the houses in the neighborhood have garages, he wonders what sets the precedence on that street. The street is narrow. There won't have room for the number of cars that will be there. The drainage in the area is not good. They bought their home because of the look of the area. They liked the larger lots. How large a home can you put on that size of the lot. Steve Vigliaturo, 1135 Yellowstone, he is developing this property. The subdivision is not complete. They have taken deposits on some of the lots. People can stick built a house if they want to. He doesn't believe that Chubbuck ordinance requires a single car garage. If there are problems they will take care of it. They are tearing down the old buildings that were on the property. They will give Ms. Bamard a larger lot if she needs one. They have replated this several times and have a park at the end. They hope to be done within two to three weeks. Melvin Jackson, 5111 Whitaker Road, asked that at least ½ of the homes be stick built and not manufactured homes. Terry Taylor, 530 E. Chubbuck Road, the irrigation water did not reach them this week because it was blocked off; the homes adjoining the property has lost the back part of their property to the subdivision. She doesn't want to see a manufactured home there. The park is really small. The lots are very small. Lori Harding, 5131 Whitaker Road, questioned how much playground equipment would fit on the park lot. Elaine Hale, 5138 Whitaker Road, the pipe under ground drains water from the church parking lot into that field. This is the drainage problem that she is worried about. The curb is higher than the front of the road and will drain into her driveway. 2 Planning and Zoning Commission June 3, 1999 Page 3 Dean Harding, 5131 Whitaker Road, the developer is stuck with what is there now. The state code says that you need to put a garage there. The developer has got the cart before the horse. Gary Chisum, Developer, 4856 Hawthorne Road, Fort Hall has approve the irrigation. Chairman Anderson closed the public hearing and turned it back to the commission for discussion. Chairman Anderson reminded the commission that we are not discussing the subdivision as it was approved and has gone through the process of approving the subdivision. The commission discussed: 1. The home was built with HUD specifications 2. a. We need to address the size of the home versus the size of the lot b. The requirement of the garage c. The issue of the appearance of the home. 4. We cannot dictate design and style 5. There are a variety of homes in the neighborhood 6. Size of the single garage 7. The minimum set backs 8. If the home will not fit on the lot then it will need to be denied. Steve Viglaturo, there are two lots in the subdivision that should accommodate her home. Geri Bamard, questioned why the back yard setbacks in Briarwood were different from this subdivision. Mary Harker moved to grant the conditional use permit by Geri Bamard, P.O. Box 2553, Pocatello, Idaho, to place a manufactured class II home at Lot 6 Block 2, the Meadows Subdivision 4822 Polder. The motion died for lack of a second. Mary Harker moved to deny the conditional use permit for Geri Barnard, P.O. Box 2553, Pocatello, to place a Manufactured Home (Class II Home) at Lot 6, Block 2, The Meadows Subdivision (4822 Polder.) The area is zoned R-2 Limited Residential. Ray Rose seconded. Roll call vote; Ray Rose, yes; Wally Wright, yes; Myrna Cain, yes; Mary Harker, yes; Pete Anderson, yes. 2. An ordinance by the City of Chubbuck to change the definition of a Class II Production Building, to amend the schedule of Land Use Controls to define a Class II Production building as a permitted use in certain residential districts. Making a technical correction to section 15,20.010 as enacted by ordinance 473, amending 18.12.030K(6) to change the front and rear yard set backs for existing production building cluster arrangements. 3 Land Use and Development Commission June 3, 1999 Page 4 The meeting was opened to public comments. The audience asked for an explanation of what was going on. Pete Anderson read the changes, that were taking place. A copy of the ordinance was passed out to those in the audience. Attorney Holmes explained what was going on. Elaine Hale, 4825 Whitaker Road, asked about production buildings. She believes that having a conditional use permit still allows it to happen. The commission discussed 1. Having the standards in our building codes. Geri Bamard, the city needs to require off street parking. She doesn't think that the city should tell people that they need to have a garage. Pete Anderson closed the public hearing and brought it back to the city council. The commission discussed: 1. Changing the square footage (//5). 2. Use the wordage in the Idaho Code 3. Requiring a garage or car port. 4. Garages and car ports staying in the restrictive covenants 5. Why there is a maximum height. Ray Rosen moved to recommend to the city council to adopt the ordinance with the changes: 1. Section 5 be changed from four hundred eighty feet/section to 1,000 square feet 2. Section 6 a maximum slope of not greater than 25% be deleted. 3.Section 13 be deleted. Wally Wright - }econded the motion. Roll call vote: Ray Rosen, yes; Wally Wright, yes; Myrna Cain, yes; Mary Harker, yes; Pete Anderson, yes. GENERAL BUSINESS favor. 1. Finding of Fact, Conclusions of Law and Decision for Jim Thilmont and Brad Frasure RV campground. Items 3 and 4 need to be General Commercial instead of General Counsel. Kent Kerns explained what the council had required for the proposed RV park. Wally Wright moved to approve the finding of facts. Myma Cain seconded. All voted in 2. Morrie Byington discussion on Transportation Plan. 1. The long range transportation plan being replaced. We need to remove the long range plan from the comprehensive plan. 4 Land Use and Development June 3, 1999 Page 5 The commission discussed 1. A summary of the project be given to corporations moving into the area Mary Harker moved to recommend to the city council to accept the revised transportation plan and change reference in our long range comprehensive plan to accept the new transportation plan and accept any future amendments as approved by the bodies. Myrna Cain seconded. All voted in favor. Larry Kohntopp informed the commission Nolan Hansen subdivision on Siphon and Rio Vista will be coming to the commission. They will come through with a preliminary plat. Chairman Anderson asked for a work session when the Plat is pre, e,e,nted. Wally Wright moved to adjourn at 10:00 P~., w~~arker seconding. ~'e Ancient'son, Chairman Myma~Cra~, Secretary