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HomeMy WebLinkAbout006 05 97LAND USE AND DEVELOPMENT COMMISSION June 5, 1997 Minutes of the regular meeting of the Land Use and Development Commission held in the City Municipal Building June 5, 1997. Present: Chairman Kent Kearns, Commission Members: Myma Cain, Ray Rosen, Dusty Whited, Wally Wright, Mary Harker, Gayle Anderson; City Staff: Larry Kohntopp and Gerd Dixon; Secretary Myma Crapo. Chairman Kcarns called the meeting to order at 8:00 PM. Wally Wright moved to accept the minutes of May 1, 1997 as mailed, with Ray Rosen seconding. All voted in favor. PUBLIC HEARING: 1. An application by Steve Campbell, 660 Park Lane, for a change of land use district to Dense Residential (R-4) for property at 146 Adams. Property is presently zoned Limited Residential (R-2). Chairman Kearns asked for any additions or corrections to the staff report. Steve Campbell, 660 Park Lane, they already have four apt~ments and would like to build on the vacant lot that is there. Mr. Campbell gave the Commission pictures of the site. The commission discussed: 1. The number of four-plex's and duplex's in the area. The meeting was opened to public testimony in opposition to the request. Peggy Manriquez, 192 Adams, submitted a petition with 38 names on it. They are concerned about the number of apartments, the traffic, the need to repair and refurbish the apartments there r~ow. The property value is going down because of the conditions of the apartments he now owns, and the weeds in the back are getting tall and creating a fire danger especially during the 4th of 3 uly celebration. Steve Campbell, 660 Park Lane, has done major repairs on the buildings. He mows the weeds two or three times a year. The hearing was opened to public testimony in support of the application, there was none. The public testimony portion of the meeting was closed and brought back to the commission. The Commission discussed: 1. The number of ~nultiple units in the area - 11 units Land Use and Development June 5, 1997 Page 2 2. The amount of area single family residents living where the apartments are located - 42 Addresses on Adams. 3. What an R-4 area is. 4. Increase of traffic in the area and the amount of traffic there now. Wally moved to recommend to the City Council to deny Steve Campbell, 660 Park Lane request for a change of Land Use District to Dense Residential (R-4) tbr property at 146 Adams. Property is presently zoned Limited Residential (R-2). Mm-y Harker seconded. Roll call vote: Myrna Cain, yes; Ray Rosen, yes; Wally Wright, yes; Kent Kearns No, Mary Harker, yes; Gayle Anderson, no. 2. An application by Mike Bird, Heritage Development, P.O. Box 2684, Pocatello, Idaho for a change in Land Use District, upon requested annexation, to Single Family Residential, (R-l), for property located at corner of Whitaker and Siphon Roads. Property is presently zoned, Agricultural (A). Tim Shurtliff, 426 W. Lewi3, representing Mike Bird, is in favor of R-1. The meeting was opened to public comment in opposition, there was none. The meeting was opened to public testimony in support of the zoning change, there was none. Mary Harker moved that we recommend to the city council acceptance of the application by Mike Bird, Heritage Development, P.O. Box 2684, Pocatello, Idaho for a Change in Land Use District upon requested annexation, to Single Family Residential, (R-1). 3. An application by Bob El. zner, Western Design tbr review of Preliminary Plat for Vista Park Subdivision 1 st addition. Property is presently zoned Single Family Residential (R-1). A subdivision located at end of Mary I~ane and Rebecca Drive. Commission discussed: 1. Harold Scalf master plan being reestablished. Bob Elziner, 4626 Mountain Park, he purchased the easement and reestablished an easement to Tree Valley Road and dedicated it as a right-of-way. The meeting was opened to public testimony in opposition to the preliminary plat. Tim Shurtliff, 426 W. Lewis is not in opposition but was concerned with Tree Valley Road becoming the main access road for additional homes in that area. We need to look at alternate routes to get people out of the area. Perhaps Tree Valley Road Right-of-Way be narrowed down and eliminate the parking on it to reduce speed and discourage people using the area. We need to discourage it fi'om becoming a m.ajor access through there. Land Use and Development June 5, 1997 Page 3 The commission discussed: 1. The right-of-way of Johannsen Place The meeting was opened to testimony in favor of the project. Mike Scott, 4925 Elizabeth, is in favor of the project. Mr. Elzner has worked with the people in the area to find a solution to the problem. The commission discussed: 1. Request for reduction of road width 2. Long term of water drainage Gayle Anderson moved to recommend approval of the application by Bob Elzner, Western Design, tbr a Preliminary. Plat for Vista Park Subdivision 1~t Addition. Property is presently zoned single family residential (R-i). A subdivision located at end of Mary Lane and Rebecca Drive. Myrna Cain seconded. Roll call vote: Myrna Cain, yes; Ray Rosen, yes; Wally Wright, yes; Kent Kearns yes; Mary Hmker, yes; Gayle Anderson, yes; Dusty '~,qfited, yes. 4. An application by Joseph Osier, 11010 W. Hickory, Boise, Idaho for review of a Preliminary Plat fi)r Misti Manor, 3rd Addition. Property is presently zoned Limited Residential (R-2). A subdivision located east of Misti Manor, South Side of West Chubbuck Road. Tim Shutliff, 426 W. Lewis, represented Mr. Osier, the plat is the same as the master plan. Probably on the final plat they will pull one lot out and make the rest of the lots larger. The comtnission discussed: 1. Lot 6 being the park land 2. Interconnection of Idealya Street Chairman Keams opened the meeting to any public testimony in opposition, there was none. The meeting was then opened to public testimony in support of it. There was none. Myrna recommend to the City Council that they approve the application by Joseph Osier, 11010 W. Hickory, Boise, Idaho tbr review of a Preliminary Plat tbr Misti Manor, 3rd Addition. Property is presently zoned Limited Residential (R-2). Wally Wright seconded. Roll Call vote: Myrna Cain, yes; Ray Rose, yes; Wally Wright, yes; Kent Kearns, yes; Dusty Whited; yes; Mary Harker, yes; Gayle Anderson, yes. ' Land Use and Development Commission June 5, 1997 Page 4 GENERAL BUSINESS: 1. An application by Mike Scott, Scott Construction, Inc., 4925 Elizabeth, Chubbuck, Idaho for a Planned Unit Development, (PUD); Change in Land Use District to Dense Residential, (R-4); Preliminary Development Plan with its accompanying Preliminary Plat for Rolling Hills Townhouse Development at Lot 7, Rolling Hills Subdivision. Located at south end of Ramsgate Drive. Property is presently zoned, Single Family Residential. Mary, Tusch, 804 East Center, representing Scott Construction, a letter ~vas sent to the city with a name change to iRachel Rainbow for the PUD. They have complied with requests brought up by the commission the last time. They have complied with the city's recommendation on the water flow. Many of the people who were opposed have withdrawn their opposition. The screening f~nce can't be built tall enough because of the way the land lays to screen it from the neighbors. They would put up a privacy fence to keep children out from the surrounding area. The ~neeting was opened up to public testimony in opposition. Martin Chapin, 740 Moran, they couldn't build a fence high enough to hide the R-V parking. Chairman Kearns opened the meeting to public testimony in support of the project. Delane Lepchensk, 734 Norcrest, she brought in a petition signed by 12 people who originally signed in opposition, but had changed their mind. The commission discussed: 1. The amount of names on the original petition who had changed their mind about being in opposition. Mary Tusch, 804 East Center, 1 or 2 people usually occupy these types of homes and they are mostly retired or single people. The average age has never been less then 50. They will be more like the homes on Pocatello Creek or up by the golf course. Bob Elzner, 4626 Mountain Park, welcomes the development. They would be better than pre- thb homes. He had thought of developing it at the time, but wasn't able to. Mike Scott keeps his construction clean with high quality condominiums. They look nice. Eric Whiting, 4639 Chateau, he is in support of it. He feels it would be an asset. Gordon Wilks, 885 E. Chubbuck Road, thc residents from this development will impact the area less than anv other type of development. Land Use and Development Commission Jm~e 5, ~. 97 Page 5 Mary Harker moved to recommend to the City Council approval of the application by Mike Scott, Scott construction, Inc. 4925 Elizabeth, Chubbuck, Idaho for a Planned Unit Development, (iPUD); a change in Land Use District to Dense Residential, ( R-4); Preliminary Development Plan with its accompanying Preliminary Plat for Rachel's Rainbow Development. Located at the south end of Ramsgate drive. Wally Wright seconded. Roll Call vote: Myrna Cain. yes; Ray Rosen, yes; Wally Wright, yes; Kent Kearns, yes; Dusty Whited, yes; Mary Harker, yes; Gayle Anderson, yes. The commission discussed: 1. A day care on East Chubbuck Road. 2. Steve Camolattaro property. 3. Franklin Briscoe's property. The commission adjourned 9:35 PM ~K'~nt K~rns, Chairman Myrna ~rfi(~(), ~ 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 June 5, 1997, upon the application of Steve Campbell (hereinafter referred to as "applicant") for a change in land use district for the real property described on Exhibit "A" hereto from R-2 or Limited Residential to R-4 or Dense Residential, 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 R-2 to R-4 for the real property more particularly described on Exhibit "A" hereto. n 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned R-2 or Limited Residential pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as Residential bordering 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 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 not 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 expressed disapproval of the proposed change in land use district. 9. The requested zone change is not 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 dsc chbbck08.148 i n 10. It is not 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 not 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 not 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 not 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. DECISION It is recommended that the application for a change in land use district to designate the land described on Exhibit "A" be denied by the City Council. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck08.148 n DATED this day of J uv., '1997 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck08.148 lCtairman, Land Use and Development Commission 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 June f, 1997, upon the application of Mike Bird, Heritage Development (hereinafter referred to as "applicant") for a change in land use district for the real property upon annexation described on Exhibit "A" hereto from A or Agricultural to R-1 or Single Family Residential, 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 R-1 for the real property described on Exhibit "A" hereto, upon annexation. 2. All legal requirements for notice of public hearing have been met. 3. The property in question lies outside the city and is zoned A or Agricultural. 4. The property is designated as R-1, Single Family Residential 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 disapproval 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 dsc chbbckO8.139 4-H 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 /0"*N 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 dsc chbbck08.139 n DECISION 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. DATED this % —5k da fday of �u vi FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck08.139 , 1997. irm , Land Use and Development Commission 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 1, 1997, and continued on June 5, 1997, upon the application of Mike Scott, Scott Construction, Inc. (hereinafter referred to as "applicant") for a Planned Unit Development on the real property located at Southern end of Ramsgate Drive, 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 Planned Unit Development as particularly described above and has submitted a Preliminary Development Plan and preliminary plat. 2. All legal requirements for notice of public hearing have been met. n 3. The property in question is zoned R-1 but a request for rezone to R-4 is pending pursuant to the Land Use Ordinance of the City of Chubbuck. n 4. The property is designated as R-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 Chapter 18.20. 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. This application fits the purposes of Chapter 18.20 and accomplishes infill development as defined in section 18.20.085 of the Chubbuck Municipal Code. B. Applicant has built several similar developments. C. Units are usually occupied by single people or older people. D. Average age of an occupant is generally over 50. E. Applicant has modified the development to accomodate concerns expressed at the May 1 meeting. FNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck08.151 ?O—N BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW 1. The proposed PUD will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The proposed PUD will not produce an adverse impact on the economic values of adjacent properties. 3. The proposed PUD 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 proposed PUD is sought, when analyzed in conjunction with the noise and traffic conditions now existing does not indicate that the proposed PUD should be denied. 5. The use for which the proposed PUD 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 expressed approval of the proposed PUD. 9. The proposed PUD should be maintained subject to the conditions set forth below. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, recommends to the City Council that the request of the applicant should be approved. 2. The following conditions, if any, are recommended by the Commission to be imposed upon the PUD if approval is granted by the City Council: None. ^ 3. The Commission recommends to the City Council approval of the PUD requested by the Applicant, subject to the foregoing conditions. FNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck08.151 t*—*N 4. Takings. Pursuant to Idaho Code § 67-8001 et sed., the Commission makes the following findings with respect to the decision in this action: n 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 l� day of 44 o., , 1997. FNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck08.151 LAND USE AND DEVELOPMENT COMMISSION By: �--- Chai man