HomeMy WebLinkAbout005 07 98LAND USE AND DEVELOPMENT COMMISSION
May 7, 1998
Minutes of the regular meeting of the Land Use and Development Commission held in the City
Municipal Building May 7, 1998.
Present: Chairman Kent Kearns; Commission Members Mary Harker, Pete Anderson, Gayle
Anderson, Ray Rosen, Dusty Whited, Council Representative LeRoy Quick~ Attorney Tom
Holmes~ City Staff: Steve Smart and Secretary Myrna Crapo.
Chairman Kearns asked for approval of the April 2, 1998 minutes. Gayle Anderson moved to
approve the minutes of April 2, 1998. Mary Harker seconded the motion. All voted in favor.
Chairman Kearns asked if any commission member had conflict of interest.
Attorney Tom Homes advised the commission that he has given advice to applicants #1 and #2
but nothing on these particular items
PUBLIC HEARING:
1. An application by Heritage Development, P.O. Box 2684, Pocatello, Idaho, for a Change
of Land Use District upon requested annexation, to Limited Residential (R-2) for property
located at corner of Siphon Road and Whitaker Road. Property is presently zoned
Agriculture (A).
Tim Shurtliff, 426 W. Lewis this is the next phase of Victorian Village. The property is asking to
be annexed is further north up to Siphon. About 660' is still in the county and is zoned multiple
use by the county. They are asking for R-2 to keep their options open to do twin homes.
The distance on the cul-d-sac meets the current zoning ordinances.
Cary Campbell, 5175 Tree Valley Road, explained the difference between a duplex and zero-lot
line (home). When it is built on a property line it has to have certain protection. Such as a 1-hour
fire wall.
Chairman Kearns opened the meeting to public testimony.
Dean Funk, 1749 South Fairway they own an 8 acres site which is adjacent to Siphon and the
Railroad track. They have some concerns. He wants to know what direction the city is going to
go. They don't want to be boxed in so they can't have a commercial use of their property.
William Brown, 5351 Whitaker Road, is in opposition to the request. They are opposed to
multiple family housing. The homes south are in an R-1 zone and very well built. They are
concerned about the property values. Heritage's promises made prior to the development have
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May 7, 1998
Page 2
not been fully kept. The irrigation ditch hasn't been built yet. He doesn't oppose it being R-1 with
single fmnily homes.
Mike Bird, 756 Ash, they have made arrangements with Shiozawa to get water and they have
water now. They are going to pipe the drainage ditch. They want it to be a good area. He
doesn't intend to put in duplex's. He would like to put in twin homes for people who requested it.
Melvin Jackson, 5111 Whitaker Road~ the irrigation water looks like it is violation of the civil
code of Idaho. They are going to irrigating with city water as it appears to him, instead of
irrigation water. We need to educate the contractor on how to use irrigation water.
Chairman Keams closed the public testimony portion and brought it back to the commission for
discussion and a motion.
The commission discussed:
1. Zoning determining the number of duplexes
2. The need to act on the developers request tonight.
Pete Anderson moved to recommend to the city that the zoning be changed to Limited Residential
R-2 from Agricultural upon requested annexation. Dusty Whited seconded. Roll call vote Ray
Rose, no; Gayle Anderson, yes; Pete Anderson, yes; Kent Keams, no; Mary Harker, no; Dusty
Whited, yes.
Chairman Keams turned it back to the commission for more discussion.
The commission discussed:
1. The length of time it would take for this new ordinance to be passed.
2. Putting a developer offuntil the ordinance is in place.
3. R-2 being a good buffer.
4. Clean line between zones.
5. Zero lot lines problems.
Pete Anderson moved to the recommend to the city Council to change the zoning upon
annexation from agricultural to Limited Residential R-2. Seconded Gayle Anderson.
Roll call vote: Ray Rosen, no; Gayle Anderson, yes; Pete Anderson, yes; Kent Kearns, yes; Mary
Harker, no; Dusty Whited, yes.
2. An application by Heritage Development, P.O. Box 2684, Pocateilo, Idaho, for a
Preliminary Plat for Victorian Village 1st Addition. A subdivision located at corner of
Siphon Road and Whitaker Road.
Mike Bird, Heritage Development, 756 Ash, the souhwest comer will have a park.
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May 7, 1998
Page 3
Chairman Kearns opened the meeting to public testimony in opposition to the preliminary plat.
There was none. The meeting was then opened to public testimony in support. There was none.
The meeting was turned back to the commission for discussion and a motion.
Pete Anderson moved to recommend to the city council approval of the preliminary plat for
Victorian Village. Ray Rosen seconded. Roll call vote: Ray Rosen, yes; Gayle Anderson, yes;
Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes; Dusty Whited, yes.
Pete Anderson moved to consolidate items 3 thru 7 on the agenda. Dusty Whited seconded the
request.
3. An application by Melvin W. and Mary A. Jackson, 5111 Whitaker Road, Chubbuck,
Idaho for a Change of Land Use District to Single Family Residential (R-l) for 5111 and
5101 Whitaker Road. Property is presently zoned Limited Residential (R-2) and Industrial
(I).
4. An application by William W. and Sarah Brown, 5351 Whitaker Road, Chubbuck,
Idaho for a Change of Land Use District to Single Family Residential (R-l) for 5351
Whitaker Road. Property is presently zoned Limited Residential (R-2) and Industrial (I).
5. An application by Rick D. and Alene Keller, 5215 Whitaker Road, Chubbuck, Idaho, for
a Change of Land Use District to Single Family Residential (R-l) for 5215 Whitaker Road.
Property is presently zoned Limited Residential (R-2) and Industrial (I).
6. An application by G. Kent and Nancy Shiozawa, 5321 Whitaker Road, Chubbuck,
Idaho, for a Change of Land Use District to Single Family Residential (R-I) for 5321
Whitaker Road. Property is presently zoned Limited Residential (R-2).
7. An application by Darrei Verlyn and Dixie Ashton, 5369 Whitaker Road, Chubbuck,
Idaho, for a Change of Land Use District to Single Family Residential (R-l) for 5369
Whitaker Road. Property is presently zoned Limited Residential (R-2).
Chairman Kearns informed the commission that they might want to have all the people in the area
come in together.
Rick Keller, 5215 Whitaker Road, represented the people who had applied_ They would like to
have the city council change the zoning. It would be difficult to have 50 people agree. They
needed to know what homes to include in the rezoning. They were looking at 5101 north as the
areas to rezone.
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May7, 1998
Page 4
The commission discussed:
1. The properties abutting Chubbuck Road
2. These properties who applied are not contagious
Wayne Hale, 4825 Whitaker they have made efforts to canvas the homes. There have been
attempts made to get to everyone.
Mary Harker moved to accept the applications of Melvin W. Jackson, William Brown, Rick
Keller, G. Kent Shiozawa and Darrel Ashton to be zoned R-1 from R-2 and Industrial on their
properties and suggest to the city council consideration be given to a zoning of the rest of the
areas indicated on the comprehensive plan as R-1.
Melvin Jackson, 5111 and 5101 Whitaker Road. He has non-conforming property owners on
both sides of him who won't sign anything that he is in favor in.
Stewart Nelson, 2630 Inkom Road, is concerned with the people that are changing from R-2 to
R-1 and needing to know what animals are allowed. When they sell their home in an R-1 area will
the new people be able to have animals.
Williams Brown, 5351 Whitaker Road, he and his neighbors appreciate the commission. He
supports the neighbors. Multiple family housing on Whitaker Road has been the reason for them
coming to the commission. Unless the entire neighborhood is done he would prefer not to have
his done.
Verlyn Ashton, 5369 Whitaker, was concerned about the allowing of animals.
Wayne Hale, 4825 Whitaker, wants to have the designated geographical area explained to him.
Chairman Kearns explained what a defined geographical area is.
Earl Jensen, 4940 Whitaker Road, he recently moved into the area. He wants to know what R-1
is. He wants the property to stay the same as it now.
Attorney Holmes address having animals and read part of the ordinance.
Chairmen Kearns read the ordinance definition for R-1 and R-2.
LeRoy Quick suggested that we might refund the application fee to those who paid it for this
meeting tonight and then have the city pay to readvertise.
Mary Harker withdrew her motion. Chairman Kearns closed the public testimony portion
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May 7, 1998
Page 5
and brought it back to the commission for discussion.
Rick Keller, 5215 Whitaker Road, asked what percentage of home owners do they need to be
have in agreement.
The commission discussed:
1. The city council directing the staff.to do the notice
2. Set up a work session for the area
3. Putting a moratorium on the area
Pete Anderson moved to recommend to the City Council to deny the applications of Mr. Jackson,
Mr. Brown, Mr. Shiozawa and Mr. Ashton for rezoning with a strong recommendation from this
commission that they rezone this area in its entirety and with a strong recommendation that the
boundaries be established at a work study session with the neighborhood, Council and Land Use.
Mary Harker seconded. Roll call vote Ray Rosen, yes; Gayle Anderson, yes; Pete Anderson, yes;
Kent Kearns, yes; Mary Harker, yes; Dusty Whited, yes.
Verlyn Ashton, 5369 Whitaker Road they are not sure if their properly is Industrial.
Rick Keller, 5215 Whitaker, thought he was Industrial.
8. An application by Merlin Phillips, 232 Pearl Street, Pocatello, Idaho, 83201, for a
Conditional Use Permit to build a Duplex, at 4801 Whitaker Road. Property is presently
zoned Commercial (C-1).
Mr. Merlin Phillips, 232 Pearl, wants to have a duplex and feels that they have addressed many of
the concerns of the neighbors.
There won't be parking on Whitaker and East Chubbuck Road. They have a double wide drive
way that goes into the property from Whitaker.
The commission discussion:
1. The location of the duplex.
Chairman Kearns opened the meeting to public testimony in opposition:
Wayne Hale, 4825 Whitaker, they are concerned about the duplex in the area where there are no
duplex's and the spreading of duplex's resulting from this first duplex. They are concerned with
definition of set backs for C-1 and R-2. Parking and water drainage is a concern. Green area for
four families seems crowded.
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May 7, 1998
Page 6
Chairman Kearns opened the meeting to testimony in support of the application, there was none.
The meeting was then brought back to the commission for a discussion and motion.
The commission discussed:
1. The density of the area
2. Garbage collecting for the duplex
3. Curb, gutter, and sidewalks
Mary Harker, moved to recommend to the City Council that the application by Merlin Phillips,
232 Pearl for a Conditional Use Permit to build a Duplex, at 4801 Whitaker Road be approved as
being in compliance with our comprehensive plan. Mary Harker amend the motion to delete
recommend to the City Council. Gayle Anderson seconded. Roll call vote: Ray Rosen, yes;
Gayle Anderson, yes; Pete Anderson, no; Kent Kearns, no; Mary Harker, yes; Dusty Whited, no.
The commission discussed:
1. Not enough room
2. The need for yard space
Pete Anderson moved to deny the conditional use permit for Merlin Phillips. Dusty Whited
seconded. Roll call vote: Ray Rosen, yes: Gayle Anderson, yes; Pete Anderson, yes; Kent
Kearns, no; Mary Harker, yes; Dusty Whited, yes.
9 An application by Stuart Nelson, 2630 N. Inkom Road, Inkom, Idaho, 83245 for a
preliminary plat for County Homes Subdivision. A subdivision located between 5273
Whitaker and 5321 Whitaker Road. Property is presently zoned Single Family Residential
(Rq).
Tim Shurtliff, they have divided the areas into four lots. One lot being where the existing home is.
The lots are in compliance with the R-1 zoning. There is an irrigation ditch that is piped in front
of it.
Chairman Kearns opened the meeting to public testimony. There was none.
Pete Anderson moved to recommend to the city council approval of the preliminary plat. Dusty
Whited seconded. Roll call vote: Ray Rosen, yes; Gayle Anderson, yes; Pete Anderson, yes; Kent
Kearns; Mary Harker, yes; Dusty Whited, yes.
Pete Anderson moved to recommend approval of lot width to length ratios as shown on the plat
which are greater than 1:2 as specified in the City Code. Mary Harker seconded. Roll call vote:
Ray Rosen, yes;
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May 7, 1998
Page 7
Gayle Anderson, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes; Dusty Whited,
yes.
GENERAL BUSINESS:
1. Discussion on zero lot line ordinance.
The commission discussed:
1. Set back requirement
2. Two separate deeded properties
3. The limits to the number in a subdivision
4. Limiting the number in an R-1 area
2. Discussion on Short Plat Ordinance.
Attorney Tom Holmes explained the reason for this ordinance.
3. discussion on ordinance 16.12.220 on water distribution.
Steve Smart explained why this came about.
4. Discussion on Message Therapist Ordinance.
Attorney Holmes explained the reason for this ordinance.
The commission decided to publish the four ordinances for public hearing at the June meeting.
Mary Harker moved to adjourn the meeting at 11:45 pm.
Kent Kearns, Chairman
Myr~a~/~o, Secreta~a~
n
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 7, 1998, upon the application of Merlin Phillips (hereinafter
referred to as "applicant") for a conditional use permit to construct a duplex on the real property
located at 4801 Whitaker Road 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 C-1 pursuant to the Land Use Ordinance of the City
of Chubbuck.
4. The property is designated as C-1 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. Property is approximately 3/4 acres.
B. Applicant will place a 28'x 64' duplex upon the property.
C. Property has an existing cedar fence between this property and the adjoining
residential property to the north.
D. Parking would be on site.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and
Development Commission hereby enters the following:
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
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CONCLUSIONS OF LAW
1. The use for which the permit is sought will be injurious to the neighborhood or
otherwise detrimental to the public health, safety or welfare.
2. The permit sought will produce an adverse impact on the economic values of
adjacent properties.
3. The permit sought will 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 done
indicate that the permit should be denied.
5. The use for which the permit is sought shall 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 conflict with aesthetic qualities of
the surrounding lands.
7. The adverse impact of the proposed use on other development within the City has
not been minimized by Applicant as much as is reasonably possible.
8. Owners of adjacent property have expressed disapproval of the issuance of the
requested conditional use permit.
DECISION
1. The Land Use and Development Commission, pursuant to the foregoing, finds that the
request of the applicant should not be approved.
2. The conditional use permit requested by the Applicant is denied.
3. 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.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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n 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 purgose.
DATED this �— day of a , 1998.
LAND USE AND DEVELOPMENT
COMMISSION
By:
Chairman
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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