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HomeMy WebLinkAbout010 05 95LAND USE AND DEVELOPMENT MEETING October 5, 1995 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building October 5, 1995. Present: Chairman Kent Kearns, Commission members: Myrna Cain, Dusty Whited, Gayle Anderson, Pete Anderson, Council Representative Marvin Gunter; Attorney: Tom Holmes; City staff: Larry Kohntopp, Gerd Dixon and Steve Smart; secretary Myrna Crapo. The meeting was called to order by Chairman Kent Kearns at 8:00 pm. Chairman Kearns asked for approval of the minutes of the August 31, 1995 and September 7, 1995 minutes. Pete Anderson asked that page 1, item 6 of the August 31 minutes be changed to read 8'. Myrna Cain made a motion to approve the corrected August 31, 1995 minutes and the September 7, 1995 minutes with Gayle Anderson seconding. All voted in favor. TABLED ITEM: 1. An application by Southern Idaho Corp. of SDA, 1535 Troy Lane, Pocatello, Idaho for a change in land use district upon requested annexation to light commercial (C-l) for 8 acres. Property is located on the SE corner of Siphon Road and the railroad tracks. 2. An application by Southern Idaho Corp. of SDA, 1535 Troy Lane, Pocatello, Idaho, for a conditional use permit to build an elementary private school at SE corner' of Siphon Road and the railroad tracks. Chairman Kearns explained that there was an error on the original public hearing notices. Coca Cola didn't receive a notice. Coca Cola representative, Gary Hagler, 4806 Independence, addressed the commission. They are concerned with the church being build there, as they have a lot of large trucks that will be arriving daily. They will be running a fleet of approximately 15 large trucks in addition to smaller trucks. Schools and trucks do not go together. They strongly don't want this to be rezoned. They- own seven acres south of Steel West which is right across the street. Coca. Cola. is planing for an access from Siphon road and east of Industrial way, this will make a loop for their operation. The commission then discussed areas in which they needed input. 1. Sewer line and how we will provide services to this property. Chairman Kearns acknowledged the receipt of a letter to the Mayor and Council from the Jessie Clark Christian Elementary school. Chairman Kearns opened discussion on these items. 1. The city staff told the commission that they could use the lift station. 2. Easement and street right of way is still an issue. the meeting was reopened to public testimony. Land Use and Development Commission Page 2 October 5, 1995 Gary Brown, 1135 Yellowstone, A realtor working with Mr. Marshall on leasing and selling his properties. He made the land swap with Coca Cola. SMF resources also have concerns with their trucks and a school locating there. SMF is now building a new shop in the industrial Park. The area has been Industrial for some time. This is the last Industrial area there is in the Pocatello, Chubbuck area. Paul Villano, 400 Pebble Lane, an investor in the Northside property. He has seven acres and has the same concerns. It could be harmful because it would put the students at the school in danger. He would stand a loss if the school was allowed to go in. It is a long term investment for him. Glen 5~arshall, 200 S. Main, 16 years ago they started this development. They could have sold property to the wrong users, but refrained from doing that. They wanted to have good industrial growth. 5Ir. Marshall doesn't feel the property is contiguous. The railroad owns 55 feet next to the property and were not notified of this meeting. He questions this location. There is a high voltage line that runs over this property and there will be daily vibrations from the trains as they go by; because of the heavy trucks and industrial exposure a buffering zone is needed. They visualize Siphon Road as a busy Industrial Road. The development from Yellowstone to Hiline will be intensive at one point. They would like to have their concerns considered by the Commission. There are other locations to fit the school use. Richard Kirkham, 48 Drake, son of Dale Kirkham who has a financial interest in the property. The commission would set the conditions on this development. A wide street would allow the buses to make turns. He is in favor of it. The school would make a good transition between Industrial and residential. Dean Funk, 1749 S. Fairway, when the postal facility was to be built people came and complained about having it there. Siphon Road may not ever be built as part of the Freeway. There is a school within 380' of the property. School busses create heavy traffic already. He would like to know what he can do with this property and feels this is a reasonable use for it. Lori Kremer, 1131 Curtis, mother of one of the students at the school. The school is keeping the welfare of the students in mind as they look at this piece of property. It will not have a great impact as far as the use on the road. She would like us to consider allowing this to go ahead and develop as a school. Glen Albertson, 1900 Quinn, an elder in the church, they looked for property that would be reasonable (financially) that would have freeway access. They have people from Idaho Falls and Inkom who attend the school. The future plans call for a more accessible church. Land Use and Development Commission Page 3 October 5, 1995 Ken Weakly, 8244 Buckskin Road, the primary concern is the truck traffic. With their plot plan and extended use of the property across the road they should be able to work something out for both of them. The western side would be parking areas and the southern side for a playground area, that would keep the kids 300 or 400 feet away from the road. As far as the truck traffic he feels the road would have to be reconstructed to handle that kind of traffic. 5~r. DeKay is willing to give a 50' easement across his property. They plan on a tree ~-ind break on the northern and western side of the prope~'ty. ~.'.hairman Kearns closed t. he public testimony and brought it back to the commission for discussion. The commission then discussed: 1. The granting of an easement and not a right-of-way. 2. Schools are conditionally permitted anywhere, but not the churches. Churches are not allowed in Industrial areas. 3. Need to decide the annexation of the property. 4. With regards to the sewer line, is this the closest access, yes. The entire length of the sewer outside of their property should be built to city standards. An easement would be satisfactory to the city staff. 5. Sewer easements could be 20' to 25'. Fifty feet would be better. 6. Water is available from Siphon Road. 7. The Industrial park will continue to grow and add additional traffic. 8. The railroad should have been notified and because it was not this could provide a potential defect in the public hearing process. 9. The post office was a compatible zoning with what was there. 10. The comprehensive plan is designated to become a neighborhood commercial. that they accept the >lyrna ~mn, moved that we recommend to the city council application by Southern Idaho Corp. of SDA, 1535 Troy Lane, Pocatello, Idaho for a change in land use district upon requested annexation to light commercial (C-1) for 8 acres. Property is located on the SE corner of Siphon Road and the railroad tracks; Pete Anderson, seconded. Roll call vote: Myrna Cain, yes; Ftarvin Gunter, yes; Pete Anderson, yes: Kent Kearns, no, Dusty Whited, no, Gayle Anderson, no. The commission then discussed. 1. An annexation would allow a number of uses. 2. It would be a commercial piece of property 3. Would loll.ow the comprehensive plan. 4. Would be compatible with the industrial park. 5. If we provide services we need to annex the piece of property. Pete Anderson moved to recommend to the city council annexation of the property with a C-1 zoning. Myrna Seconded. Roll Call vote Myrna Cain, yes; Marvin Gunter, yes; Pete Anderson, yes; Kent Kearns, yes; Dusty Whited, yes; Gayle Anderson, no. Land Use and Development Commission Page 4 October 5, 1995 2. An application by Southern Idaho Crop. of SDA, 1535 Troy Lane, Pocate]lo, Idaho, for a conditional use permit to build an elementary private school at SE corner of Siphon Road and the railroad tracks. Kent Kearns opened the public hearing to Coca Cola Company as related to the conditional use permit. Gary Hagler, 4806 Independence, They feel that if there is a safety problem for them they would reconsider building there. ~ Gary Brown, 1135 Yellowstone, the Coca Cola people indicated that they wouldn't be able to build their plant there. We need to consider a higher fence and a access off of ~4hitaker for the church. Paul Vi]]ano, 400 Pebble Lane, there is a Coca Cola problem now and there will be a problem in the future with other businesses. There is about 360 acres there. -,ommisslon Discussed: 1. 5ir. DeKays right of way down his easement and wondered if he had thought of the future. Tom Homes informed the commission that his attorney did understand the future easement requirements of the property. Holly Whited, 248 Briscoe, her children attend Ellis. The school district used Siphon road for busses. The public school should be considered as well as this school on the traffic problem. Ken Weakley, 8244 Buckskin Road. They will have a small school and don't see a problem with safety for the children. The children are brought by individual cars. Discussion by the Commission: 1. Elevation of the drop off from the road. 2. Sidewalk., curb and gutter requirements. 3. Concerns about the traffic, and the interchange. 4. Placement of the curb, gutter and sidewalk. 5. Lift station 6. Using the back half of the property 7. Access with the 50' easement. 8. Time lines on the three phases: 9. Requiring access to Whitaker Road. Ken ~eakly, 4288 Buckskin Road, 1st phase will be immediate. This is the only real time line he knows. It depends on the sale of other property and building of a church for the additional phases. They currently have the funds to build a school but need to raise the money for the rest of the development. Land Use and Development Commission Page 5 October 5, 1995 They do not want to asked Mr. DeKay for access across his property so they can come out on Whitaker Road. 10.Having them go out Whitaker Road for an access. 11. The commission asked Gary Hagler if this was developed commercially and a business was in there that generated a high traffic volume would that impact the decision to build there. Mr. Hagler responded that the issue of the children is the problem. Big trucks and kids don't mix. 12. Can put this back on the developer for the access on Whitaker Road. We can require this. 13. Requiring access to be brought back to Whitaker Road when there is any development on the Industrial park. 14. Develop the southern half of the property to allow for a buffer. 15. Need to protect the industrial park as it came first. 16. Best use of this land in relation to the land surrounding it. 17. If the school is the correct buffer. 18. Reviewed the code requirement for granting a conditional use permit. 19. Sewer developed to city standards. 20. Potential access off of Whitaker. 21. Taking 50' easement as opposed to 20' easement. 22. Curb, gutter and sidewalk requirement. 23. Playground and building location. 24. Buffer along the north property line. Pete moved to deny the conditional use permit based on the reason that church or schools should not be used as a buffer; and that is basically what we are trying to force this into a buffer between a residential development and an industrial development; Dusty Whited seconded: Roll call vote: Myrna Cain, rio; Marvin Gunter, no; Pete Anderson, yes; Dusty Whited, yes; Kent Kearys, yes: Gayle Anderson, yes. Chairman Kearns closed the public hearing portion that was carried forward from the September meeting. Chairman Kearns asked if any commission members have a conflict of interest on the public hearing item. There was none. Public Hearing: 1. An application by southern Idaho Crop. of SDA, 1535 Troy Lane, Pocatello, Idaho for review of a preliminary plat for Jessie Clark Subdivision. A subdivision located on the SE corner of Siphon Road and the Railroad Tracks. Tim Shurtliff, 426 W. Lewis, represented the applicants. The elevation of the sewer has a 15' drop. The plat is for 7.7 acres and is a one lot plat. They show a 20' easement for the sewer. Land Use and Development Commission Page 6 October 5, 1995 Chairman Kearns opened the meeting for public testimony in opposition to the preliminary plat. There was none Chairman Kearns then opened the meeting to public testimony in support of the preliminary plat. There was none. The public portion of the hearing was closed and brought back to the commission for discussion. The commission discussed: 1. Going to the full 50' of easement. 2. The curb, gutter and sidewalk being waved at this time. 3. Industrial park requirement for curb, gutter and sidewalk being none. Pete Anderson moved that we recommend to the city council approval of the preliminary plat for Jessie Clark Subdivision with the following conditions: 1. Curb, gutter and sidewalk be waived at this time and 2. that the sewer easement be extended to a 50' easement. Myrna Cain seconded the motion. After. additional discussion the motion was amended by Pete Anderson to read. That the curb gutter and sidewalk will be waived at this time and that at such trine as the rest of the siphon is developed there would be participation by the owner as determined by the city for curb, gutter and sidewalk. Myrna Cain seconded the amendment. Roll call vote: Myrna Cain, yes; Marvin Gunter, yes; Pete Anderson, yes; Kent Kearns, yes; Dusty Whited, yes; Gayle Anderson, yes. 2. An application by the City of Chubbuck to update the cities comprehensive plan. Chairman Kearns opened the hearing for pubic testimony dealing with the update to the City of Chubbuck Comprehensive plan. There was none. He then closed the public testimony and brought it back to the commission for a motion. Myrna Cain made a motion to adopt the application by the City of Chubbuck to update the cities comprehensive plan. Dusty Whited seconded with all voting in favor. ~ GENERAL DISCUSSION: 1. Pete Anderson started a discussion on having us require the subdivision plats to be reviewed and signed off by the school district. The Commission then discussed: ]. We may want to have this put into our ordinance. 2. The need to start some dialogue with the school district as to how they would like to do it, 3. Having the school district take some responsibility, Land Use and Development Commission Page 7 October 5, 1995 4. Require someone from the school district to sit on the land use board. 2. Discussion on the zero lot line housing developments. The commission reviewed the report from Larry Kohntopp and discussed: 1. Explained what zero lot line housing was, 2. More affordable housing, smaller housing, smaller lots. 3, The effect it would have on the neighbors 4. A whole subdivision involved instead of a lot here and there. 5. The need for a certain amount of land 6. This type of building in Pocatello right now on just one lot, 7. Narrower streets 8. Common area 9, Allowed in all districts or in separate districts by itself. 10. Conditional use, 11. Preparing an ordinance. 12. Educating the developers 13. Give the developers some concessions 14. Modify our current PUD It was decided to have the Attorney Tom Holmes put together an ordinance for the Land Use to consider. Myrna Cain moved to adjourn with Dusty Whited seconding. Meeting adjourned at 11:00 PM ~-ent 'K~rns, Chairman yr~a (~apo, 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 September 7, 1995 which hearing was continued to October 5, 1995, upon the application of Southern Idaho Corp. of SDA (hereinafter referred to as "Applicant") for a change in land use district upon requested annexation for eight acres of the real property located at the southeast corner of Siphon Road and the railroad tracks to C-1 or Light Commercial, 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 to C-1 for the real property located at the southeast corner of Siphon Road and the railroad tracks which property Applicant n requests be annexed to Chubbuck. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is outside of the City of Chubbuck. 4. The property is designated as C-1 (Light 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 expressed disapproval of the proposed change in land use district. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck12.055 �, X31 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. 4. The requested change in Land Use District should be granted. 5. Takings. 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. 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 the chbbckl2.055 n DECISION n It is recommended that the application for a change in land use district to designate the land described be granted by the City Council. DATED this �'� day of FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dee chbbokl2.055 Ch ' an, Land Use and Development Commission