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HomeMy WebLinkAbout001 08 98Minutes of the Land Use and Development Commission January 8 1998 Minutes of the regular meeting of the Land Use and Development Commission held in the City Municipal Building January 8, 1998. Present: Chairman Kent Kearns; Commission Members; Gayle Anderson, Wally Wright, Mary Harker, Dusty Whited, Ray Rosen and Myma Cain; Council Representative Steven England; Attorney Tom Holmes; City Staff: Gerd Dixon, Larry Kohntopp, and Steve Smart; Secretary Myrna Crapo Chairman Kearns asked if any of the commission members had a conflict of interest. Attorney Tom Holmes disclosed that his firm represents one of the land owners on item #1 and he has represented one or both of the individuals on item #2. 1. An application by CSHQA Architects-Jim Murray, 200 H. 6th Street, Boise, Idaho, for a Preliminary Plat for Rite Aid Commercial Development. Property is located at SE corner of Chubbuck Road and Yellowstone Highway; (portion of Lot 3 Bonnie Brae Subdivision). Property is presently zoned General Commercial (C-2). Jim Murray representing the applicants explained to the commission that they were replating to identify the easement for Key Bank. They had attended the staff review and complied with all of the requirements except the one for common access with Grover's, which they were not able to do because of Grover's policy not to share an access. Chairman Kearns opened the Hearing for Public Testimony in opposition, there was none. The meeting was then opened for public testimony in support of the application, there was none. Chairman Kearns then closed the public testimony and turn the meeting back to the commission for discussion and a motion. The commission discussed: 1. Entrances 2. If an environmental study had been done. James Murray. They will remove the above ground and underground tanks. They are working with Key Bank on their parking. They will make a larger curb cut on Yellowstone for the Northerly access. They will keep the bank parking spaces that are currently there. They will have a dedicated utility trench so all of the overhead utilities will be underground. Dusty Whited moved to recommend to the council approval of the preliminary plat for Rite Aid Commercial Development, Gayle Anderson seconded. Myrna Cain, yes; Ray Rosen, yes; Dusty Whited, yes; Kent Kearns, yes; Mary Harker, yes; Wally Wright, yes; Gayle Anderson, yes. Land Use and Development January 8, 1998 Page 2 2. An application by Steve Vigliaturo and Gary Chisum, 1135 Yellowstone, Suite D. Pocateilo, Idaho for a Residential Planned Unit Development (PUD); Change in Land Use District to Dense Residential, (R-4); Preliminary Development Plan with it accompanying Preliminary Plat for Vigisum Subdivision. Located at 4820 Whitaker Road North of East Chubbuck. Property is presently zoned, Limited Residential (R-2). Gerd Dixon asked if the commission had any questions on the park dedication or density figures. He had submitted Vigisum Subdivision drawing to the fire department for recommendation on fire protection. They recommended to delete a couple of parking spaces and form a hammer head turn around. Mitchell Greer, Rocky Mountain Engineering, 250 N 5th Avenue, told the commission that it would be a nine lot 4-plex subdivision. The development will be surrounded by two single family residences on Whitaker Road and two single family residences (which are owned by the developer) on Chubbuck Road. A home owners association will be formed to take care of the common areas and to maintain the project. All utilities including the road will be private. They will offer the lots for sale and the buyers will construct their own units. They will improve the two park areas and would like to pay cash in place of the additional area that they need in order to comply with the ordinance. The Commission discussed with Mr. Greer: 1. Why park requirement were not met (they are half short of the park requirements). 2. Cedar fencing being installed in the beginning. Mr. Greet told the commission that the remaining fencing on lots 3-9 would be installed as the lots are sold and developed. 3. A single owner would own each 4-plex 4. They would like the design review committee to approve the plans as they were brought into the city for each 4-plex. 5. They will have an architectures review committee for the development. 6. As soon as 5 lots were sold Mr. Vigliaturo would relinquish his head of the home owners association. 7. The developer would maintain the empty lots until they are sold. 8. They will provide exterior luminaries lighting within the development Chairman Kearns opened the public testimony in opposition to the PUD. Franklin Briscoe, 5058 Whitaker Road, he originally owned that property, where will they put the dry wells. He has tried to keep the area a single residential area. No houses at present are crowded on the east side of Whitaker Road. Land Use and Development January 8, 1998 Page 3 Wayne Hale, 4825 Whitaker Road, lives across from the access road into the development. The value of the property is important to them. The property value could be effected. Fences, density, water are a problem. The water needs to be properly taken care of as a requirement of the development. He feels that parking would be a problem. Ross Minson, 4840 Whitaker Road, lives north of this development. They moved to Chubbuck because of the area. The water drainage will be a problem as the waste water runs into those two pastures. There will also be a problem of open ditches and children playing in them. Mr. Minson felt that using a cedar fence as a buffer, would not be good as it will not look good after a few years. A vinyl fence or a masonry fence between the houses would be better. There would be 72 cars in a little area as most families have two cars. When they surveyed his fence he was 2 feet on the other owners side. It will effect the value of the adjoining property. He is not in favor of the project. Kelly Taylor, 530 E. Chubbuck Road, he is on the east side of this development. He opposes it. There is nothing in the area like it now. It will diminish the property values. People will not like living next to him with his horses, the smell and the flies. Chuck Gertsch, 4846 Whitaker Road, his property is on the north end of the project. be a lot of noise and pollution. The traffic will increase greatly. He is opposed to the development. There will JoAnne Briscoe, 4849 Whitaker Road, feels apartments are an eyesore. The sewer smell in the neighborhood will be increased. She is opposed to the idea. Melvin Jackson, 5111 Whitaker, the financing become confusing when you have an owner and a home owners association. The trash collection of dumpsters would be a problem. A lot of unclean water will go down into the wastewater wells. Mary Jackson, 5111 Whitaker, when one rental unit is allowed then they were be more that will want to come in. Terri Taylor, 530 E. Chubbuck Road, It will be an increased hazzard for the children catching the school bus. The upkeep of the homes are a concern. There will be nine owners to work with instead of one. It will decrease their value. She is concerned with her horses being chased, etc. Alane Hale, 4548 Whitaker is opposed to the road. The density would negatively impact the surrounding area. The neighborhood is single family dwelling. They will decrease the value of the property there. The common areas are not adequate for the concentration of the homes in the area. The access of emergency vehicles in the area is a concern. Land Use and Development January 8, 1998 Page 4 Vern Briscoe, 5112 Whitaker, is opposed to the development. down. The value of the homes will go Franklin Briscoe, the irrigation water can't be controlled. They need to provide access to the back lots. Chairman Keams asked for any public testimony in support. There was none. The public portion of the meeting was closed. Mitchell Greer, Rocky Mountain Engineer, 250 N 5th Avenue, they will work with the land owners to try to come to a resolution on handling the water. This development is in compliance with what the comprehensive plan has outlined for this area. They would like the project approved. Commission Discussed: 1. Why was an R-4 sought instead of a R-2 in a PUD. 2. The preliminary plat has things let~ off of it. 3. Legal disputes on the property line will not be decided by the commission 4. The city would require that the ditches be piped 5. Could the park area be reconfigured to give one larger park area 6. Most of the units would be two story. 7. Home owners association would probably not allow pets. 8. Parking spaces two per household 9. Configuration of ownership 10. Need to have the park area 11. Interior lighting 12. Leaving the zoning the same and decreasing the number of units Rodney Birch, 375 Lisa representing the developers, they have not considered a single family dwelling. Dusty Whited moved to recommend to the city council to deny the R-4 zoning change for property located at 4820 Whitaker Road. Wally Wright seconded the motion. Myrna Cain, yes; Ray Rosen, yes; Dusty Whited, yes; Kent Kearns, yes; Mary Harker, yes; Wally Wright, yes; Gayle Anderson, yes. Steve Smart told the commission that the plat needs to include the two houses on Chubbuck Road as part of the plat. Wally Wright moved to recommend to the city council a denial of the Preliminary Development Plan and the Preliminary Plat for the Vigisum Subdivision. Mary Harker seconded. Myma Cain, yes; Ray Rosen, yes; Dusty Whited, no; Kent Kearns, yes; Mary Harker, yes; Wally Wright, yes; Gayle Anderson, no. Land Use and Development January 8, 1998 Page 5 Chairman Kearns asked for approval of the November 6, 1997 minutes. Mary Harker moved to accept the minutes of November 6, 1997; Wally Wright seconded the motion. All voted in favor. January 27th at 6:30 PM Bannock Planning will be having a meeting. The commission needs to attend that meeting. GENERAL BUSINESS: 1. A discussion on changing off-street parking requirements for Elementary, Junior High Schools, Colleges and Universities. Larry Kohntopp discussed the off- street parking requirements and possible changes. 1. Elementary and junior high schools, 2 for each classroom and one for every 5 seats, (as opposed to 8 seats in our code) in auditoriums or assembly halls. 2. Colleges, Universities - 1 for each 4 students, (in addition provide one for each 3 employees and 25% of the above total for visitor parking). Chairman Keams asked us to consider higher density. Larry Kohntopp was asked to prepare an ordinance for the February meeting. Ray Rosen moved to adjourn Dusty Whited seconded. All voted in favor. l~eent Ke'~s, Chairman Mymli~C~:~o, Secretary