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HomeMy WebLinkAbout005 06 99LAND USE AND DEVELOPMENT COMMISSION May 6, 1999 Minutes of the regular meeting of the Land Use and Development Commission held in the City Municipal Building May 6, 1999. Present: Chairman Pete Anderson, Commission Members: Ray Rosen, Mary Harker, Gayle Anderson, Myrna Cain, Nolan Briscoe, Wally Wright; Attorney Tom Holmes; City Staff: Steve Smart, Larry Kohntopp and Sean Harris; and Secretary Myrna Crapo. Chairman Anderson called the meeting to order at 8:00 PM. Chairman Anderson asked for approval of the April 1, 1999 minutes. Myma Cain moved to approve the minutes, Mary Harker seconded. All voted in favor. Chairman Anderson asked if any commission member had a conflict of interest. There was none. 1. An application by Jim Thilmont and Brad Frasure, P.O. Box 5598, for a Conditional Use Permit to build a RV Campground at 4520 Kings Way. Property is presently Zoned General Commercial (C-2). Jim Thilmont, P.O. Box 5598, was out of town for the April meeting and wanted to wait until others have made their comments and then address them. Chairman Anderson opened the meeting for public testimony. Margaret Waldram, 147 Evans Lane had sent in a petition with 21 names on it opposing the use of the land. Their property values would go down and it would make it hard for them to sell their property. The traffic in the area is a problem. They are concerned for the safety of their children as buses stops there to pick up the children. An RV park needs to be on the outskirts of the city and not in the middle. They would like a 10' fence separating them from the RV Park. The street would need to be upgraded as it is gravel now. They need to have set business hours. There is a concern for water rights for those on the south side. We need to be sure the ditch will remain there. Will there be a time limit for people staying there? It may become a trailer park, if people stay there too long. Lee Hitchcock, 157 Evans Lane has been trying to sell a house in the area the last few months and no one wants to buy there with the proposed RV park. It will affect the value of everyone's homes. Lisa Hitchcock, 157 Evans Lane there is a large truck from Eddy's Bakery that has made it difference to sell their property. This property is being used for parking for big trucks. Mae Hitchcock, 152 Evans Lane is concerned about the traffic. They feel that a stop light would be needed to allow traffic access off and on Yellowstone. Bill McKee, 140 Evans Lane they own McKee's Store- will there be tents in the RV Park. They were concerned with the traffic. There is a bottleneck on Evans Lane already. He wants to know what kind of hours they would have. Land Use and Development Commission May 6, 1999 Page 2 Hal Overdorf, 4522 Burley Drive, he is concerned about it being a dead end and the statement that will be made. Julie Hitchcock, 201 Evans Lane, they are concemed with the irrigation as they are at the end of the irrigation ditch and it dumps out into their field. The owners need to be responsible to get it to the ditch. The ditch is along the north side of the property line. Lynn Hitchcock, 201 Evans Lane, the head gates are on the north property and the ditch is on Tilmont's property. RaNae McKee, 140 Evans Lane they have a safe neighborhood. It makes her nervous about the type of people that would camp there. They are concerned about opened fires being allowed. The public hearing was closed. Mr Jim Thilmont, P.O. Box 5598, they won't allow tents there. He doesn't think people will stay there more then two or three nights. At $20.00 people won't be Staying there for long. The value of commercial property will make the land value go up. They will put up a fence that can't be seen through, not 10' high but high enough so you can't see through it. He fells that most people who use the park will be in the higher income bracket. Pets will only be allowed in their trailers. No bond fires will be allowed. They will pave Kingsway and improve the look of the area. He thinks it is an asset to the community. Chairman opened it to discussion by the commission. The commission discussed: 1. The cost per night for trailers 2. They plan to asphalt the whole park 3. Playground place could be provided if it was desired. 4. Allowing tents in the park 5. Irrigation problem 6. Trash collection-they are planning on a central collection area 7. Main office - concrete foundation and manufactured home 8. They want a manager on premises to take care of everything 9. Hours of operation - limiting the time they can access the park 10. Quiet hour be required 11. Full hookups - no need to have generator run 12. Concern with the traffic flow 13. Changing the location where the school bus stops 14. Size offence Larry Kohntopp read from Section 932 of criminal code which states that the hours of peace are from 11 PM to 6 AM Land Use and Development Commission May 6, 1999 Page 3 Ray Rosen made a motion to grant the application of Jim Thilmont and Brad Frasure with the following conditions. 1. Circulation and parking pads be paved 2. No tents allowed 3. Garbage be followed by the city requirements with covered enclosure 4. Designated playground area be provided 5. Curfews hours from 11 to 6 each day 6. No longer than 30 day stay 7. Required fence on north and east side of park 8. Managers home be put on a permanent foundation with Class II or better home 9. Irrigation be taken care of by Ft. Hall regulations. Wally Wright seconded. Roll call vote: Ray Rosen, yes; Wally Wright, yes; Myrna Cain, no; Mary Harker, no; Nolan Briscoe, no; Gayle Anderson, yes; Pete Anderson, yes. 2. An application by Jim Benefield, 1445 East, 140 South Pleasant Grove, Utah for a Preliminary Plat for the Benefield Subdivision. A subdivision located at 5105 Hawthorne. Steve Smart explained that this is an existing complex and they are plating it because they want to sell it. All of the existing sewer, etc will be public. It is located across from Stuart Park. Tim Shurtliff, 426 W. Lewis, represented Mr. Benefield, it was built sometime in the 70's. They are not proposing any physical changes. They want to finance them separately or sell them separately. They will have a common share in the parking lot areas. Everything in the area is private. There is only one water meter. Steve Smart informed the commission that the size of the area around each 4-plexs may not be enough area to meet city requirements; but all of the property together would give each unit the required area. The commission discussed: 1. Using the common area as part of the 4-plex. 2. Having a owners association Chairman Anderson opened the meeting for public comment for or against the proposed plat. There was none, so the public hearing portion was closed and brought back to the commission for discussion. Nolan Briscoe moved to recommend to the city council to approve the preliminary plat for the Benefield Subdivision. Gayle Anderson seconded. Roll call vote: Ray Rosen: yes; Wally Wright, yes; Myma Cain, yes; Mary Harker, yes; Nolan Briscoe, yes; Gayle Anderson, yes; Pete Anderson, yes. 3. An application by High Deseret Homes, 1754 Cottage Avenue, for a Preliminary Plat for the Garden Park Subdivision. A subdivision located at the south end of Rose Street. Land Use and Development May 6, 1999 Page 4 Kent Pape, 1754 Cottage, they want a subdivision of 33 homes at the end of Rose. They will built some of the homes themselves; and want to have homes in the $105,000 to $150,000 range. They will have 11,000 square feet with a double car garage and full basement. He did a quick claim deed with the other property owners so he could have a reserve street. He has property for the full right of way. He would like to negotiate with the city; building just about 3/4 of the street. The commission discussed: 1. The staff recommending that they construct from the end of the existing street out to the property. Chairman Anderson opened the hearing for public comment for or against the subdivision. There was none. The meeting was brought back to the commission for their discussion. The commission discussed: 1. Tying back into Stuart 2. Guarantee that the road would be put in 3. No street parking on 24' wide street 4. Developing it in two phases Mary Harker moved to recommend to the City Council to approve the application of High Deseret Homes for a preliminary plat for the Garden Park Subdivision locate on the end of Rose Street with the following conditions: 1. The development of Rose Street be the full width with no curb and gutter until further development. 2, The developer and the city enter into a developers agreement. 3. As each phase is developed they will apply to those stipulations. Wally Wright seconded the motion. Roll Call vote: Ray Rosen, yes; Wally Wright, yes; Myma Cain, yes; Mary Harker, yes; Nolan Briscoe, yes; Gayle Anderson, yes; Pete Anderson, yes. 4. An application by Briarwood Properties, 100 Turrin Court, Danville, CA, 94526 for a re-plat of Briarwood Estates II Blocks 5 & 6. A subdivision located between Holly and Alamo Street. Kenneth Roberts, 557 West Whitman, represents Snake River Survey, a replat will nullify the previous plat. They are looking at a short plat process. All the lots gained 10'. The only lot not effected is lot 7A in block 5A. They won't dedicate any new streets. The covenants and restrictions for the home owners will have to be rewritten. Chairman Anderson opened the meeting for public testimony for or against. John Van Houten, 412 Briarwood, he had one of the first homes in Briarwood. The restrictive covenants have been changed several times. The owners have changed the requirements as people are interested in buying a home. They are destroying his value by replating and changing the restrictive covenants. Land Use and Development Commission May 6, 1999 Page 5 Lory Nelson lot 1 space 5, he is concerned with rewriting their by-laws, and his property value. It is wrong to have double lots. Pete Anderson closed the public hearing. The commission discussed: 1. This being a PUD to start with 2. The value of the homes going up with larger, nicer homes in the area Mary Harker moved to recommend to the City Council approval of the re-plat of Briarwood Estates II Bocks 5 & 6. A subdivision located between Holly and Alma Street. Nolan Briscoe seconded. Roll call vote: Ray Rosen, yes; Wally Wright, yes; Myrna Cain, yes; Mary Harker, yes; Nolan Briscoe, yes; Gayle Anderson, no; Pete Anderson, yes. 5.An ordinance of the City of Chubbuck amending Chapter 18.040.050(P); production building to provide no production building produced prior to June 15, 1976 may be moved in the city after May 1, 1999 unless such production building has been issued a certificate of compliance in accordance with Title 44, Chapter 25, Idaho Code. Mary Harker moved to recommend to the city council the approval of the ordinance amending Chapter 18.040.050(P); production building to provide not production building produced prior to June 15, 1976 may be moved in the city after May 1, 1999 unless such production building has been issued a certificate of compliance in accordance with Title 44, seconded by Myrna Cain. Roll call vote: Ray Rosen, no; Wally Wright, yes; Myrna Cain, yes; Mary Harker, yes; Nolan Briscoe, yes; Gayle Anderson, no; Pete Anderson, yes. GENERAL BUSINESS: 1. A request by Bob Elzner of Western Design Construction for a geographic area to be defined. Bob Elzner, 207 E. Chubbuck Road, he wants to build two duplex's in Misti Manor. It is zoned for an R-2. The lots are up against the canal. The commission discussed: 1. The number of duplex's allowed 2. Doing a subdivision as a geographic area Travis Clark, he bought the lots from American Heritage. It will be a duplex. They will keep and maintain them. They will be built next to each other. Ray Rosen made a motion to designate the geographic area with in the boundary of south of Knudsen, west of Hawthorne, north of West Chubbuck, east of the canal in the area known as the Misti Manor Subdivision and all its additions. Seconded by Wally Wright. All voted in favor. 2. A discussion on modification to the production building definitions to allow a class II production building as a permitted structure in R-I, R-2 and R-3 areas. Land Use and Development May 6, 1999 Page 6 Attomey Holmes explained the background for this ordinance. The commission discussed: 1. Double wide's being moved already into courts 2. Bring us up to state code. Wally Wright moved to publish this ordinance for a public hearing in June. Mary seconded. All voted in favor. Morrie Byington, Bannock Planning Organization, explained transportation planning. He asked everyone to read through the document, and next month he will come back and explain it more fully. Steve introduced Shaun Harris to the commission. at!l 1:10 P R en seconded. Mary Harker moved to adjourn the meeting ~ p~ler ~ers-~a, 'C"~l~airman Myrna'(fi:apo, secretary~ CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter having come before the Commission for public hearing pursuant to public notice as required by law, on May 6, 1999, upon the application of Jim Thilmont and Brad Frasure (hereinafter referred to as "applicant") for a conditional use permit to build and operate an RV campground on the real property located at 4520 King's Way and the Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT 1. Applicant has applied for a conditional use permit as particularly described above. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned General Commercial (C-2) pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as General Commercial (C-2) in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in Idaho Code section 67-6512 and in Chubbuck Code section 18.28.040 (C). 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Applicant will pave the unpaved portion of King's Way. B. The northerly boundary of the subject property abuts residences that are opposed to this development. C. Applicant anticipates large recreational vehicles will use the development. D. Adjacent property owners raise concerns about additional traffic; however, the traffic impact of this development is not as great as other impacts permitted in a C-2 zone. E. Specific concerns have been raised about irrigation, additional people and n children on the subject property and the potential for trespass on adjacent properties, particularly residences, trash collection and long term tenants, all of which can be minimized by conditions upon the development. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck05.134 ��5 BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW 1. The use for which the permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought will not produce an adverse impact on the economic values of adjacent properties. 3. The permit sought will not produce a negative impact on transportation facilities, public utilities, schools, public parks, or the natural environment any greater than had the strict terms of the Land Use Ordinance been complied with. 4. The noise and traffic conditions generated by the use for which the permit is sought, when analyzed in conjunction with the noise and traffic conditions now existing does not indicate that the permit should be denied. 5. The use for which the permit is sought shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical natures or by the impact of changes made in the landscape of the land. 6. The aesthetic qualities of the proposed use will not conflict with aesthetic qualities of the surrounding lands. 7. The adverse impact of the proposed use on other development within the City has been minimized by Applicant as much as is reasonably possible. 8. Owners of adjacent property have not expressed approval of the issuance of the requested conditional use permit. 9. The requested conditional use permit, if granted, should be maintained subject to the conditions set forth below. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should be approved. ,^ 2. The following conditions, if any, are hereby imposed upon the granting of said conditional use permit and applicant, by taking advantage of said conditional use permit agrees to the imposition of the same: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbckO5.134 1. Circulation and parking pads to be paved. 2. No tents allowed. 3. Garbage be followed by City requirements with covered enclosure. 4. Designated playground area be provided. 5. Curfew hours from 11 to 6 each day. 6. No longer than 30 day stay. 7. Required fence on north and east side of park. 8. Manager's home be put on a permanent foundation with Class II or better home. 9. Irrigation be taken care of by Ft. Hall regulations. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. 4. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: A. This Action does not result in a permanent or temporary physical occupation of private property. B. This Action does not require the property owner to dedicate a portion of the property or to grant an easement. C. This Action does not deprive the owner of the property of all viable uses of the property. D. This Action does not have a significant impact on the landowner's economic interest. E. This Action does not deny a fundamental attribute of ownership. F. This Action does not serve the same purpose that would be served by directly prohibiting the use or action; nor does the condition imposed substantially advance such purpose. DATED this _ 3 day of LAND US COMMIS FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck05.134