HomeMy WebLinkAbout002 01 96LAND USE AND DEVELOPMENT MEETING
February 1, 1996
Minutes of the regular meeting of the Land Use and Development Commission
held in the city municipal building February 1, 1996.
Present: Chairman Kent Kearns; Commission members: Myrna Cain, Mary
Harker, Dusty Whited, Richard Pearson, Pete Anderson, Gayle Anderson;
Attorney Tom Holmes; City Staff: Larry Kohntopp, and Steven Smart; Secretary
Myrna Crapo.
The meeting was called to order by Chairman Kent Kearns at 8:00 pm.
Chairman Kearns asked that the December 7 minutes be amended on page 2 to
have (landscaping requirements) placed after "whatever the city requires in
the spring of the year. Myrna Cain, moved to approve the minutes as
amended with Gayle Anderson seconding, all voted in favor.
PUBLIC HEARING:
1. AN APPLICATION BY AMERICAN HERITAGE, INC., 920 DEON DRIVE, POCATELLO,
IDAHO FOR REVIEW OF A PRELIMINARY PLAT FOR HERITAGE WEST NO. 5
SUBDIVISION. A subdivision located at the north end of Constitution Avenue
and Independence.
Chairman Kearns asked for any additions to the city staff report. Gerd Dixoc.
informed the commission that with this plat the second portion of the park will
be completed. There will be no cash contribution for the park. Liberty
Avenue will dead end in a hammer head turn around.
Tim Shurtliff, 426 W. Lewis, it wou.ld be a neighborhood park. They could get
with the city staff and work out the parking by the park.
Chairman K~arns opened public testimony in opposition to the proposal.
Seeing none, the public testimony portion was opened to testimony in support
of the application. There was none. It was then opened to the commission for
discussion and a motion.
The commission discussed:
1. parking around the park
2. 50' right of way being widened to 60' to 80' in length to serve as a drop
off around the park. Having a 15' or 16~ additional width for a drop off and
loading area.
3. Size of the park
4. Type of activity to take place in the park
Pete Anderson moved to recommend to the city council to approve the
preliminary plat for the Heritage West 5th Addition with some consideration on
providing a drop off area along the east west road to the park. btary Harker
seconded. Roll call vote: Myrna Cain, yes; Richard Pearson, yes; Pete
Anderson, yes; Kent Kearns, yes; Mary Harker, yes; Dusty Whited, yes; Gayle
Anderson, yes.
Land Use and Development Commission
Page 2
February 1, 1996
2. AN APPLICATION BY AMERICAN HERITAGE, INC. 920 DEON DRIVE, POCATELLO,
IDAHO FOR A CHANGE IN LAND USE DISTRICT UPON REQUESTED ANNEXATION TO
SINGLE FAMILY RESIDENTIAL (R-l) FOR HERITAGE WEST NO. 5. Property is
located at the north end of Constitution Avenue and Independence.
Chairman Kearns asked for any public testimony in opposition to the
application. There was none. He than asked for any public testimony in
support of the proposal, there was none. The meeting was then opened up
for discussion by the commission.
Richard Pearson moved that we recommend to the city council approval of the
change in the land use district to Single Family Residential (R-l) for American
Heritage ~4est No 5. Mary Harker seconded. Roll Call vote: Myrna Cain, yes;
Richard Pearson~ yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes;
Dusty' N~hited, yes; Gayle Anderson, yes.
3. An application by Jay Christensen, 15170 W. Lacey Road, Pocatello, Idaho for
review of a preliminary plat for Hiline Acres Subdivision. A subdivision
located on the SE corner of Siphon Road and Hiline.
Mr. Christensen passed out a copy of the updated preliminary plat. He would
have a deed restriction to prohibit any dividing of the lots and also restrict
the access on Lot one to Whitaker Road. No access would be given anywhere
on Siphon Road and no one would back onto I4hitaker.
It is not economically feasibility to have the road on the back of the property.
Mr. Christensen is concerned with the light industrial across the road and
would like to have as few houses as possible. This usage would provide a
more gradual change in zones. It would fit into the comprehensive plan.
The commission discussed:
1. The type of fencing between school and homes.
2. Concern about Hiline access and elevation on Siphon Road.
3. Restriction on lot one to access on Siphon Road
4. Chairman Kearns reviewed the previous meeting questions.
5. Sewer being on septic
6. City water line being hooked into.
Chairman Kearns opened the meeting for public testimonies in opposition.
There was none. It was then opened to any in support of the proposal.
There was none. It was then opened up to the Land Use.
The commission discussed:
1. Lot ratios can be addressed.
2. Hiline access.
3. Being county ground it is our impact area.
4. Other options for the land to be used as.
5. Asking for the homes accessing Hiline to have a certain set back to allow
for the future road widening.
Land Use and Development Commission
Page 3
February 1, 1996
The Commission Discussion (cont.)
6. Allow 20~ set back
7. Requiring them to hook onto city services where they become available.
Pete Anderson moved that we recommend to the city council approval of the
Hiline acres subdivision with the following conditions:
1. There will be a subdivision restriction that there will be no access on
Siphon Road.
2. The only access onto Hiline Road will be as shown on the plat
3. the set backs on Siphon, Hiline and Whitaker Road will be such that they
shall accommodate the expansion of those streets and shall be negotiated with
the city engineering department.
4. There be no subdivision of any of the lots.
5. It is an irregular shaped piece of property and therefore we waive the
length and width ratio.
6. when city services become available in Hiline Road that lots 2 and 3 will
connect to them.
7. when the sewer become available in Whitaker Road that lot one will be
connected to the city sewer.
8. lot one be connected to the city water lines at this time.
Myrna Cain seconded. Roll Call vote: Myrna Cain, yes; Richard Pearson, no;
Pete Anderson, yes; Kent Kearns, no; Mary Harker, yes; Dusty Whited, no;
Gayle Anderson, yes.
GENERAL BUSINESS:
1. DISCUSSION WITH JOHN HOLMAN ON DUPLEXES IN MOUNTAIN PARK
SUBDIVISION. WE NEED TO DEFINE THE GEOGRAPHIC AREAS.
Steve passed out a map marked in yellow showing the areas that are zoned
R-2.
John Holman 1830 Satterfield Drive explained to the commission what he wanted
to do.
Commission discussed
1. Geographic area along 1-86. Block 9 as one geographic area.
Richard Pearson moved to have lots 1-23 on Hiline and lots 1-9 on Mt. Park
Subdivision be defined as one contiguous geographic area for the computation
of duplex structures. Mary Harker seconded.
Roll call vote: Myrna Cain, no; Richard Pearson, yes; Pete Anderson, no; Kent
Kearns, no; Myrna Harker, yes; Dusty Whited, no; Galyle Anderson, yes.
Pete Anderson moved to have one defined geographic area as lot 1-23 in Hiline
Heights Subdivision and the other geographic area defined as Block 9 lots A-I.
Dusty Whited seconded. Myrna Cain, yes; Richard Pearson, yes; Pete Anderson,
yes; Kent Kearns, yes; Myrna Harker, yes; Dusty Whited, yes; Gayle Anderson,
yes.
2. MORI BYINGTON WITH BANNOCK PLANNING ORGANIZATION CONCERNING ACCESS
MANAGEMENT ON STREETS.
Mr. Byington discussed with the commission the transportation system. The
work program for this year will be access management.
They are trying to set up standards for each of the three classes of roads.
Mr. Byington passed out information on access management and reviewed it.
3. Approval of Finding of Fact, Conclusions of Law for Bowen Petroleum Co.
4. Approval of Finding of Fact, Conclusions of Law for Food Services of
America.
5. Approval of Finding of Fact, Conclusions of Law for Golding Family Limited
Partnership.
6. Approval of Finding of Fact, Conclusions of Law for Cindy Madden
7. Approval of Finding of Fact, Conclusions of Law for Southern Idaho Crop.
of SDA
8. Approval of Finding of Fact, Conclusions of Law for Southern Idaho Crop of
SDA
9. Approval of Finding of Fact, Conclusions of Law for K. Brett and Tammy
Harrison
Correction: no. three needs to have "not" deleted.
10. Approval of Finding of Fact, Conclusions of Law for James E. Fenton
11. Approval of Finding of Fact, Conclusions of Law for Chubbuck Fire
Department.
12. Approval of Finding of Fact, Conclusions of Law for Caleb and Coriena
Casper
13. Approval of Finding of Fact, Conclusions of Law for SMF Resources, Inc.
14. Approval of Finding of Fact, Conclusions of Law for Darlene D. Siebert.
15. Approval of Finding of Fact, Conclusions of Law for Harris Construction
Company
16. Approval of Finding of Fact, Conclusions of Law for Linda Hines.
Mary Harker moved to accept number 2-16 concerning finding of fact in the
general business agenda with the exception of no 8 which needs to be
corrected to show that we found in favor instead of opposed to Harrison.
Dusty Whited seconded. All voted in favor.
Meeting adjourned at 10:00 pm ~ /r/~
_ ~~,~ _r~,. ~_/~-/k~ ~ '~'ent '~'earns, Chairman
Myrna ~ap~, Secre~ar~y
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 February 1, 1996, upon
the application of American Heritage, Inc., (hereinafter referred to as "applicant") for a
change in land use district for the real property described on Exhibit "A" upon requested
annexation, hereto 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. AppliCint has applied for a zone change to R-1 for the real property more
particularly described on Exhibit "A" hereto upon requested annexation.
2. All legal requirements for notice of public hearing have been met.
3. The property in question is presently outside the city limits.
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 approval or disapproval of
the proposed change in land use district.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page t
dsc chbbck02.232
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.
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.
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4. The requested change in Land Use District should be granted.
5. The property shall be annexed into the city.
6. Takinis. Pursuant to Idaho Code S 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.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
dsc chbbckO2.232
Si WRTLIFF
'-�" eNGINEERING
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426 W. Lewis • P.O. Box 11 • Pocatello. Idaho 83204-0011 • (208) 233-1963
DESCRIPTION FOR AMERICAN HERITAGE
New Area North Of Heritage ',lest '.'4
A tract of Land in the southwest quarter of Section 4,
Township 6 South, Range 34 East, Boise Meridian, described
as follows:
BEGINNING at the northwest corner of Heritage West No. 4, a
subdivision recorded in the records of Bannock County as
instrument 93018331; thence Easterly along the north
boundary of Heritage West No. 4 for the next five (5)
courses: (1) North 8903522" East for a distance of 270.00
feet; thence (2) North 87°33'44" East for a distance of
286.84 feet; thence (3) North 89°35'22" East for a distance
of 160.00 feet; thence (4) South 00°13'40" East for a
distance of 10.00 feet; thence (5) North 89035'22".East for
a distance of 110.00 feet to the northeast corner of
Heritage West No. 4; thence North 00013'40" hest along the
west boundary of Al turas Park, -a subdivision recorded in the
records of Bannock County as instrument 556609 for a
distance of 416.78 feet; thence South 89046120" West for a
_ distance of 809.97 feet; thence South 00024'38" East for a
distance of 418.87 feet to the point of beginning.
Comprising 7.7 acres, more or less.
December
HW #5
TS
11, 1995
noo
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" as (R-1) Single Family Residential, upon
requested annexation, be granted by the City Council.
ra. t
DATED this 4-- day of F4Lzuary 1996.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
dsc chbbck02.232
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irm ,
Land Use and Development Commission