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HomeMy WebLinkAbout010 02 97LAND USE AND DEVELOPMENT COMMISSION October 2, 1997 Minutes of the regular meeting of the Land Use and Development Commission held in the City Municipal Building October 2, 1997. Present: Acting Chairman Pete Anderson; Commission Members: Gayle Anderson, Mary Harker, Wally Wright, Ray Rosen, Myma Cain; Attorney Tom Holmes; City Staff: Gerd Dixon, Larry Kohntopp and Steve Smart; Secretary Myma Crapo. Chairman Pete Anderson called the meeting to order at 8:10 PM. Chairman Anderson asked if any of the commission members had a conflict of interest. There was none. Chairman Anderson asked for approval of the September 4, 1997 minutes. Myma Cain moved to approve the minutes with Gayle Anderson seconding. All voted in favor. PUBLIC HEARING: 1. An application by Steve Harris, Harris Construction, 4555 Burley Drive for a Preliminary Plat for Harris Subdivision. Property is presently zoned Industrial (I). A subdivision located at 4555 Burley Drive. Chairman Anderson asked for any additional comments from city staff. Gerd Dixon explained that for each one lot commercial developments the city is requiring them to plat. Tim Shurtliff, 426 West Lewis represented Harris Construction. Their new office complex is already built. The right of way was deeded to the city by deed years ago. The meeting was opened for public comment in favor or against. There was none. The public hearing was closed and turned back to the commission. Gayle Anderson moved to recommend approval of the application of Steve Harts, Harris Construction, 4555 Burley Drive for a Preliminary Plat for Harris Subdivision. Property is presently zoned Industrial (I). A subdivision located at 4555 Burley Drive. Myma Cain seconded. Roll call vote: Myma Cain, yes; Ray Rosen, yes; Wally Wright, yes; Mary Harker, yes; Gayle Anderson, yes; Pete Anderson, yes. 2. An application by Gene Hancock, 12367 N. Hawthorne 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 Colonial Village Subdivision. Located between The Church of Jesus Christ of Latter Day Saints and Cottonwood Cove on Quinn. Property is presently zoned Limited Residential (R-2). Land Use and Development Commission October 2, 1997 Page 2 Chairman Anderson asked for any additional comments from the city staff. Larry Kohntopp explained that Mr. Hancock would like the option of being able to sell some of these later on. They desire a private road way. The Commission discussed: 1. Fire department comments on the layout of the apartments 2. The park area if it is to be used for Senior Citizens 3. The staff'report Larry Herrud, 5612 Hawthorne, represented Mr. Hancock. It will have 6 four plex's, one triplex, and 1 duplex. They will have town house type construction with units having upper and lower levels. It was the intent to be able to sell them off as Mr. Hancock wants to. It would be like the townhouses on McKinley with home owners and restrictive covenants. It is intended for younger families. The Commission discussed: 1. Whether it would be sold or rented. 2. Whether it will be a condominium or townhouse. 3. The layout of the sidewalks. The back of the units has two car ports. The sidewalks are in the front of the unit. 4. Where the carports will be. 5. What is the front of the building. 6. Common green area where everything faces it. 7. Fence between Cottonwood Cove and the development 8. Potential for criminal problems in secluded areas 9. Garbage pickup access 10. A place for the children to play The meeting was opened up to public comment. Tim Shurtliff, 426 W. Lewis, They will work with the fire department and move the fire hydrants in. The land area under the unit would go with the unit. Everything else would be common area. The width of the driveway is 24' wide driving strip. Dale Peterson, 1052 West Quinn, manager of Cottonwood Cove. People drive through their property to get to the Mall. The noise level is a concern. The children like to come into their place and ride their bikes. Quinn Road has a great deal of traffic and there are no sidewalks. The impact on older people is a concern. Land Use and Development Commission October 2, 1997 Page 3 Archie Stoddard, 1089 W. Quinn Rd, the residents at Cottonwood Cove has been good for the area. He would like us to keep R-2 for the area. The ground could be better used if less units were allowed. The property has been a playground for the neighborhood. There needs to be a playground to replace it. Traffic is tremendous from the units further down on Quinn Road. He is opposed to the change of the zoning. The neighborhood is mostly older people. Donna Quinn, 1125 W. Quinn, they have children there all the time. There is a ditch along there that is a concern for children. Alta Mottishaw, 1059 W. Quinn Road, is concerned about the ditch. Quinn Road is very busy after school hours. Dwain Kinghorn, 145 Hiway Avenue, is in support of the people who has commented. The kids at the trailer court by him spend their time at the city offices as they have no where to go to play. Chairman Anderson, closed the public heating. Larry Herrud, 426 W. Lewis, they want to make the residents comfortable with the new development. They would like to rezone it to R-4 with a plan that would be acceptable to the commission. Since the grounds are so expensive they need to make out on their investment. It will be done nicely. The commission discussed: 1. The fire department being able to turn around being addressed in the final plat 2. The amount in lieu of park land that would be required. 3. The future development of the road Mary Harker moved to recommend to the city council the change of zoning from R-2 to R-4 (Dense Residential) on behalf of the property located at 1100 Quinn Road. Seconded Gale Anderson. Roll call vote: Myrna Cain, yes; Ray Rosen, yes; Wally Wright, yes; Mary Harker, yes; Gayle Anderson, yes; and Pete Anderson, yes. The commission discussed: 1. The boundary of Quinn Road between Pocatello and Chubbuck; the canal being in Pocatello. 2. The number of units for the size of the property being too many. 3. The design as far as safety; the circulation is very poor. 4. Not enough room for the fire department to get to a fire. 5. Parking spaces 6. Fencing between units 7. Out door storage such as for bicycles 8. Play area with equipment 9. Location of carports and entrances Wally Wright moved to table the preliminary plat and PUD and have it redesigned. Seconded Ray Rosen. Roll call vote: Myma Cain, yes; Ray Rosen, yes; Wally Wright, yes; Mary Harker, yes; Gayle Anderson, no; and Pete Anderson, yes. Chairman Anderson recommended to the city staffthat they get a copy of the minutes and use them for a guideline. Land Use and Development Commission October 2, 1997 Page 4 3. An application by City of Chubbuck, 5160 Yellowstone, Chubbuck, Idaho for annexation and for a change in Land Use District, upon annexation, to Single Family Residential, (R-l), for property located at Ellis School, 11888 N. Whitaker Road (5500 Whitaker). Property is presently zoned, Agricultural, (A). Items 3-7 will be considered together. 4. An application by City of Chubbuck, 5160 Yellowstone, Chubbuck, Idaho for annexation and for a change in Land Use District upon annexation, to Single Family Residential, (R-l) for property located at 11573 (5273) N. Whitaker. Property is presently zoned Agricultural, (A). 5. An application by City of Chubbuck, 5160 Yellowstone, Chubbuck, Idaho for annexation and for a Change of Land Use District upon annexation to Single Family Residential, (R-l), for property at 11952 (5590) Whitaker, Lot I Hiline Acres Subdivision. Property is presently zoned Agricultural (A). 6. An application by City of Chubbuck, 5160 Yellowstone, Chubbuck, Idaho for annexation and for a Change of Land Use District upon annexation to Single Family Residential (R-l), for property at 11952 (5590) Whitaker, Lot 1 Hiline Acres Subdivision. Property is presently zoned Agricultural (A). 7. An application by City of Chubbuck, 5160 Yellowstone, Chubbuck, Idaho for a Change of Land Use District upon annexation to Single Family Residential (R-l), for property located at 11942 Hiline (5575 Hiline); Lot 2 Hiline Acres Subdivision. Property is presently zoned Agricultural (A). Chairman Anderson asked for any additional comments from city staff. The public hearing was opened for comment, there was none and the hearing was closed and returned to the commission. Myrna Cain moved to recommend to the city council the annexation of items 3-7. Mary Harker, seconded. Roll call vote: Myrna Cain, yes; Ray Rosen, yes; Wally Wright, yes; Mary Harker, yes; Gayle Anderson, yes; Pete Anderson, yes. 8. An application by the City of Chubbuck, 5160 Yellowstone, Chubbuck, Idaho for a Change of Land Use District to General Commercial (C-2) for north 205' of lot 16 Highway Subdivision (204 Hiway). Property is presently zoned Limited Residential (R-2). 9. An application by the City of Chubbuck, 5160 Yellowstone, Chubbuck, Idaho for a Change of Land Use District to General Commercial (C-2) for north 185' of lot 15 Highway Subdivision (156 Hiway Avenue). Property is presently zoned Limited Residential (R-2). Items 8 and 9 were combined. Land Use and Development Commission October 2, 1997 Page 5 Chairman Anderson asked for any additional comments. The meeting was opened up to the public heating: Dwain Kinghorn, 145 Hiway Avenue, the city has already made it commercial. He is totally for it. He would like to see the record for the 136 and 144 being rezoned. He is opposed to selling the houses on the front of these lots. When 144 and 134 Hiway were purchased he and Earl Romriell sat on the council and were in favor of purchasing those lots for city expansion. Dwain feels that the city need to keep all of the land including where the houses are in reserve for the time when they will need to expand. He is opposed to having the zoning changed and then for the city to sell offthe property. Mary Harker asked the minutes to note that Mr. Kinghorn is one of the greatest citizens of the city and his comments are greatly appreciated. The public hearing was closed. The commission discussed: 1. The lots needs to be subdivided. 2. Zone the entire lots as commercial and just leaves the houses as grandfather fights Ray Rosen moved to deny items 8 and 9. Myrna Cain seconded. Roll call vote: Myma Cain, yes; Ray Rosen, yes; Wally Wright, yes; Mary Harker, yes; Gayle Anderson, yes; Pete Anderson, yes. 10. An application by Grover's Plumbing and Electrical Supply, 3103 Washington, Vancouver, WA 98660 for a preliminary Plat for Grover Plumbing Subdivision. Property is presently zoned General Commercial (C-2). A subdivision located at 100 block of East Chubbuck Road South Side: (Portions of lots 2 & 3 of Bonnie Brae Acres located in the NE 1/4 of Sec. 10 T.6.S., R34E., B.M.). Staff Comments: 1. The access onto Chubbuck Road is a concern. We would prefer that they seek a shared access with the bank property. We would like them to run Valenty Road into the property and create a street intersection. Chairmen Anderson opened the public hearing, there was no comments. The Public heating was then closed and returned to the commission. Mary Harker moved to recommend approval to the city council for the preliminary plat for Grover's Plumbing and Electrical, a subdivision located at 100 block of East Chubbuck Road South Side with the following condition: the council >ermit one 40' access directly across from Valenty Road onto East Chubbuck Road. Seco~ a'~$ Cain. Roll Call vote: Myrna Cain, yes; Ray Rosen, yes; Wally Wfight, yes; Mary~ / ,,'.42H.~/~ 4?Anderson, yes; Pete Anderson, yes. Meeting adjourned 10:30 pm ../~~7[ / P/te Andffrs6n, Acting Chairman Myrl~a'Cr~o, Secretary 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 October 2, 1997, upon the application of Gene Hancock (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 described on Exhibit "A" hereto. 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 C-2 or General 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 dsc chbbck08.137 '01N 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 2'A day of 04 , 1997 . / 4 le� — airman, Land Use and Development Commission FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbckO8.137 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 October 2, 1997, and, after being tabled, came again before the Commission on November 6, 1997, upon the application of Gene Hancock (hereinafter referred to as "applicant") for a Planned Unit Development on the real property located on Quinn Road after the ballpark for the Church of Jesus Christ of Latter Day Saints, 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. 3. The property in question is zoned R-2 but a change to R-4 has been recommended pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as C-2, General 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 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 redesigned the project from that presented at the October 2, 1997 meeting. C. The revised plan has fewer units. D. The circulation in the revised plan is acceptable and there is adequate room for the fire department to turn trucks around. FNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck08.152 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 n 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. Owners of adjacent property have not expressed approval of the proposed PUD. 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 10-11, the Applicant, subject to the foregoing conditions. FNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck08.152 ,11"N 4. 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. DATED this _ day of o +,L ,,z 1997 FNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck08.152 LAND USE AND DEVELOPMENT COMMISSION By: Ch rman