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HomeMy WebLinkAbout003 05 98LAND USE AND DEVELOPMENT COMMISSION March 5, 1998 Minutes of the regular meeting of the Land Use and Development Commission held in the City Municipal Building March 5, 1998. Present: Chairman Kent Kearns; Commission Members Gayle Anderson (left at 8:30 PM), Pete Anderson, Myrna Cain, Mary Harker; Council Representative Steven England; Attorney Tom Homes; City Staff: Gerd Dixon, Larry Kohntopp, and Steve Smart; Secretary Myrna Crapo. Chairman Kearns asked for approval of the February 5, 1998 minutes. Mary Harker moved to accept the minutes of February 5, 1998. Gayle Anderson seconded the motion. All voted in favor. Chairman Kearns asked if any commission member had a conflict of interest. There was none. PUBLIC HEARING: 1. An application by Idaho Power Co., P.O. Box 70, Boise, Idaho 83707 for a Change in Land Use District to Industrial (I); with an accompanying Preliminary Plat for Idaho Power Substation located approximately 1,200 E. Chubbuck Road. Property is presently zoned Agricultural (A). Larry Kohntopp discussed Chubbuck code 18.12.020 (I). Chairman Kearns asked for any comments on the letters from I.T.D. Thomas Prange, 1221 W. Idaho, Boise, Idaho, a representative of Idaho Power. He is the project leader for delivery unit for Idaho Power. The electrical demand in Chubbuck and Highland area is requiring this substation. They would like it in service before next winter. They have purchased two acres of ground. The station have a chain link fence around it. They feel that the substation will not created any interference and if there is any they will be responsible to take of it. Chairman Kearns asked if Idaho Power does plans for power corridors. It would be 20,000 KBA. The lines will be aerial that are coming into the facility and the outgoing would be underground. Dan Olmstead, Idaho Power, P.O. Box 1000, Pocatello, Idaho, in the last couple of year that have come out with a local planning briefing book and offered it to the commission. Blaine Johnston, 1221 W. Idaho, Boise, showed drawing of the proposed project. He explained the landscaping proposed for the property. Land Use and Development Meeting March 5, 1998 Page 2 Chairman Kearns opened the public hearing to any one in opposition to the preliminary plat and change of zoning. Melvin Jackson, 5111 Whitaker Road, wants to know how the landscaping will be maintained and where the water will come from. and how will they get access to their property. Blaine Johnston, there is a water source along Chubbuck Road that can be taped. They will need to put a booster pump in. They will set up an agreement with a landscaping firm to maintain the area. They are planning on a gravel road bed. Mike Jacobs, explained the fight of way access with Idaho Power, they have negotiated an easement from the person they purchased it from. They will have access directly offEast Chubbuck Road. A pickup truck will go in one time a month to read the meters in the substation. Chairman Kearns opened the meeting for testimony in favor of the application. There was none. Chairman Kearns closed the public testimony and brought it back to the commission for a discussion and a motion. Gerd Dixon: we would need to look at their approach to make sure it will not be a problem for the trucks pulling in and out. We could consider an 80' right of way. Mike Jacobs explained the placement of the lines. They would be willing to change the access into their property if it is needed. Pete Anderson moved to recommend to the city council the change in land us district from Agricultural to Industrial for the Idaho Power Substation; that it comply with all city ordinances and etc. Mary Harker seconded. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes. Pete Anderson moved to recommend approval of the preliminary plat with Mary Harker seconding. All voted in favor. 2. An application by Stewart Nelson, 2630 Inkom Road, Inkom, Idaho, for a Planned Unit Development (PUD) with its accompanying Preliminary Plat for Whitaker Apartments Subdivision; located 5273 Whitaker Road. Chairman Kearns asked for any addition to the staff report. The defined geographical area was discussed. Land Use and Development Commission March 5, 1998 Page 3 Tim Shurtliff, 426 W. Lewis represented Nelson Construction. It is approximately 1.2 acres with an existing house and out buildings. They are proposing to divide the property into 6 lots, 1 lot for the existing home and 1 lot for the outbuildings, and divide the center area into 4 lots. They are proposing to build duplexes. Their would be a home owners association to maintain landscaping, roadway, exterior of the buildings, etc. Ihe driveway would be private. Utilities are already located nearby. A sewer pump would need to be installed. The storm water would be contained on their property. The duplex's will have about 960 square feet. Mr. Shurtliff showed pictures of the proposed building. The commission discussed: 1. The surrounding homes 2. Development of the property behind 3. Lot 6 may be at some time sold off 4. The lot sizes 5. Sidewalks being required 6. Placement of the back lots 7. Requiring a radius or hammer head for fire trucks 8. One water meter for each duplex, but sewer for each unit Chairman Kearns opened the public testimony portion for public testimony in opposition to the application. Williams Brown, 5351 Whitaker Road They have lived there for 10 years and have three acres. The rest of the property along Whitaker with the exception of a four plex are single family dwelling with 2 to 5 acres behind their dwellings for agricultural purposes. This will destroy that atmosphere. It would increase the traffic on Whitaker Road. They would like to see it stay rural atmosphere and single family dwellings. Dean Harding, 5131 Whitaker, has 4 ½ acres. He would like to have their portion of the meeting scheduled first. He wants consistency in the area. Melvin Jackson, 5111 Whitaker, is concerned with the irrigation water and where it would go. He would like them to install pipe to take care of irrigation water and drainage. The property owners on the street have owned their property for a long time. Wednesday night newspaper had 126 advertisements for places to rent so there is no shortage of rentals. Darrel Ashton, 5369 Whitaker Road, is concerned with the traffic. The property behind this subdivision is private. Land Use and Development Commission March 5, 1998 Page 4 Laurie Harding, 5131 Whitaker Road, they are concerned with the type of growth. It doesn't agree with what is there now. They want to keep the country feeling. The irrigation water is a problem on the property. Rick Keller, 5215 Whitaker Road, he is concerned with the density of the duplex's and concerned where the children are going to play. Wayne Hale, 4825 Whitaker Road, they have been on Whitaker Road for 6 years. He is concerned with the density levels. It doesn't fit into the neighborhood. He is also concerned with the home owners association falling apart. There is not much common area or much grass. How will the garbage truck access the property? Franklin Briscoe, 5058 Whitaker, he owned all of the property originally; the property that he has sold he has put restrictions to build only single family dwellings. He would like to keep this area an ideal home area. Chairman opened the meeting to any public testimony in support of the application. Tim Shurtliff, 426 W. Lewis, the irrigation water can be controlled. The development fits into an R-2 zoning. There is irrigation across the front that is piped and there is a concrete ditch behind the property. Chairman Kearns closed the public testimony portion and brought it back for discussion by the commission. The commission discussed: 1. 10% of the lots in R-2 can be used for duplex's 2. Definition of Geographic Area 3. P.U.D. in the area Mary Harker moved to recommend the city council deny the preliminary plat and P.U.D. development on Whitaker Road. Peter Anderson seconded the motion. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes. Mary Harker moved to adjourn the meeting with Pete Anderson seconding at 9:50 P.M. Kent Kearns, Chairman yrna CraP~, Secretary W CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter having come before the Land Use and Development Commission for public hearing pursuant to public notice as required by law, on March 5, 1998, upon the application of Idaho Power Co. (hereinafter referred to as "applicant") for a change in land use district for the real property described on Exhibit "A" hereto from A or Agricultural to I or Industrial, and the Land Use and Development 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 zone change from A to I for the real property more particularly described on Exhibit "A" hereto. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned A or Agricultural pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as Commercial 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 the Comprehensive Plan in Sections B, B(5), B(6) and B(8) and in Idaho Code Sections 67-6502 and 67-6508. 6. The requested change in land use district is not in conflict with the provisions of existing zoning regulations or the duly adopted Comprehensive Plan of the City of Chubbuck. 7. The property in question is suitable for the proposed land use district, and such uses would be compatible with existing land uses in the area. 8. Owners of adjacent properties have not expressed approval of the proposed change in land use district. 9. The requested zone change is reasonable to provide orderly development of the City, and to promote economic values and will not be detrimental to the public health, safety, and welfare. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 chubbuck10.16y n 10. It is in the best interests of the public that the proposed change in land use district be granted. BASED UPON THE FOREGOING FINDINGS OF FACT, the Chubbuck Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW 1. The requirements of Idaho Code Section 67-6509(d) have been met. 2. The proposed change in land use district is reasonable and necessary to provide orderly development of the City, and to promote economic values, and is not inconsistent with or detrimental to the public health, safety, and welfare. 3. The proposed change in land use district is consistent with the provisions of the Comprehensive Plan and Land Use Ordinance of the City of Chubbuck and the Local Planning Act of 1975, as codified in Chapter 65 of Title 67 of the Idaho Code. 4. The requested change in Land Use District should be granted. 5. Takings. 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 chubbuck10.1By DECISION n It is recommended that the application for a change in land use district to designate the land described on Exhibit "A" be granted by the City Council. n DATED this 59day of Mao -4,- -,199s. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 chubbuck10.16y Ch ' an, Land Use and Development Commission