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
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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
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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
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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
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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
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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
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Ch ' an,
Land Use and Development Commission