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HomeMy WebLinkAbout003 07 85LAND USE AND DEVELOPMENT COMMISSION MINUTES MARCH 7, 1985 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building, March 7, 1985. Present: Chairman Pete anderson, Commission Members: Becky Hopkins, Sue Parrish, Janet Williams, Myrna Cain, Ron Nelson, Public Works Director Steven Smart, City Attorney B.Lynn Winmill, Secretary Dorothy Ward. Robert Allen and Dee Stalder were excused. Chairman Anderson called meeting to order at 8:05 p.m. Chairman Anderson asked for any additions or corrections to the minutes of February 7, 1985, there being none, Janet Williams made motion to accept minutes as written. Sue Parrish seconded motion, with all commission members voting in favor. PUBLIC HEARING ITEM: 1. PROPOSAL BY KENT J. PARRISH, PRESIDENT OF LAND INVESTMENTS, FOR A LAND USE DISTRICT CHANGE ON LAND EAST OF THE HILINE CANAL between Chubbuck Road and 1-86 Interstate, located on the south- east corner of Chubbuck Road and Hiline Road. Land east of the Buffalo Road to be zoned Limited Residential (R-i), land west of Buffalo Road to be zoned General Residential (R-2). Property is presently zoned Agricultural (A). Chairman Anderson reported there would be no public comment on this item, as the public hearing had been held , February 7, 1985. Steve Smart said he did draw out proposed plat, the line that is designated in the comprehensive plan completely encompasses one of the lots and cuts possibly half of the remainder in the 150' word description in the comprehensive plan. The map and word description is an appendix, language in comprehensive plan that says maximum efforts should be made to create a spectrum of uses .... Comprehensive Plan - E-102 (5). Comprehensive plan says city needs to phase into these various land uses by buffering extremes with the intermediate catergories~ He said it was his feeling propsal was consistant with the comprehensive plan, because they do provide for buffering. Comprehensive Plan, Description of Land Use Pattern - The Note under Limited Residential (R-i) says slight adjustments may be made to minimize conflict with terrain features or titled property bounderies, without amending the comprehensive plan. Attorney Winmill said that he and Steve had looked into the problem, and that it was his opinion the comprehensive plan is only designed as a guide line, not intended to provide metes and bounds descriptions. LAND INVESTMENTS, INC. FOR A LAND USE DISTRICT CHANGE Attorney Winmill said the commission should reflect in their decision the following : 1) Clearly on cutting edge ,or borderline between districts, the canal could cause a problem. 2) Would create undue hardship if property divided exactly where 150~!. line leaves off. 3) Comprehensive plan requires phase down, would be inconsistant to have R-1 zone up to Commercial zone. He said the commission could clearly act and approve requested re-zone with the understanding it is consistant with%~he comprehensive plan. He said it was up to the commission to make their decision, but he felt the question had been resolved from the February meeting. Becky Hopkins said the city council had discussed putting a restriction on the percentage of lots that could be developed multiple family dwellings in an area that phases into an R-1 zone. Attorney Winmill said the commission has authority on multiple family dwellings to put restricitons on a conditional use permit which would minimize impact on neighborhood. Discussion followed on amending ordinances for the consideration of percentage of land in subdivision for multiple family dwellings. Janet Williams made motion to recommend to the City Council for approval for a Land Use District change on land east of Hiline Canal between Chubbuck Road and 1-86 Interstate, located on the southeast corner of Chubbuck Road and Hiline Road. Land east of Buffalo Road to be zoned Limited Residential (R-i), land west of Buffalo Road to be zoned General Residntial (R-2). as reqiested by Kent J. Parrish, President of Land Investments Inc. ' Myrna Cain seconded the motion. Roll call vote: Parrish , abstained; Cain, yes; Nelson, yes; Anderson, yes. Williams, yes; Hopkins,yes; Becky Hopkings made motion to direct the city attorney to draw up an ordinance that will consider phasing in a percentage of multiple family dwellJ_ngs in a zone. Ron Nelson seconded the motion. Sue Parrish, no; remainder of commision voted approval. Motion carried. PUBLIC HEARING ITEM: 2. REVIEW OF PRELIMINARY PLAT FOR HILINE HEIGHTS SUBDIVISION SAME DESCRIPTION AS ABOVE]:ir ' Chairman Anderson asked for comment from city staff. REVIEW OF PRELIMINARY PLAT - HILINE HEIGHTS SUBDIVISION- Steve said a)-.~ Buffalo Road shown on plat to access on East Chubbuck Road, He said he felt traffic should be directed down across can~lPi~°Hiline Road, some distance away from Chubbuck and Hi!ine Road° b) Comprehensive plan shows Hiline Road as an arterial road, with 66' width, with curb, gutter and sidewalk. c) No indication °fpark land dedication, according to ordinance .84 acres of land would need to be dedicated to city or money in lieu of. d) In the past city has required somed safety precaution along the canal. He said he had received a letter from Fort Hall Irrigation regarding run off from development. He said it was possible to reduce the run off. Becky Hopkins asked Mr. Smart if he did not want Buffalo Road exit. He said that was right, at Bluebird or Albatross would be more feasabile. Commission discussed the Bistline Park and the widening of Hiline Road. Chairman Anderson opened public hearing for comment for or against proposal. Sid Alvord, 804 Moran, asked about the size of the lots. Carol Johnsont 723 Bedford, asked if size of lots met the R-1 zone. She was assured they did. She then asked if they would be locked into the size of the lots when plat approved. She was i~formed that when the preliminary plat is approved the final plat has to reflect what has been approved. There was a discussion if lot sizes could be changed. She was informed if lot sizes were changed, the process would have to start over. Chairman Anderson closed the public hearing and asked for comments from the commission. Janet Williams said she would a.~prove the change of Buffaloe Road opening onto gqYJb?fJ~f~/Yd~J$~Hiline Road. ~orrection Attorney Winmill said if there is a problem there would be a compounding of it, as a subdivision would add a new series of living conditions. Pete Andcerson said he f&lt city and developer needed to get together and discuss the intersection at Hiline Road and Chubbuck Road. He said he felt immediate and long range plans should be made. Becky Hopkins asked to review the comments of Steve Smart~ REVIEW OF PRELIMINARY PLAT - HILINE HEIGHTS SUBDIVISION - Attorney Winmill said there was a question whether the subdivision would impare Fort Hall Irrigation. He said our ordinances require all easements to be shown on preliminary plat. He said this could be a defect in this preliminary plat and the commission could delay action until easement established. He said easement needs to be resolved with Fort Hall Irrigation. Chairman Anderson said commission needs to resolve the following: 1) Park land dedication 2) Consideration of easement on canal 3) Entrance to subdivision off from Hi!ine 4) Safety along canal - easement issue or Chubbuck Roads Commission~ members discussed the Bistline Park and the street opening into Mountain Park Road. The commission agreed it would be better to have road tie into Bluebird, which would give adequate clearance from the inter- section. Ron Nelson made motion to table this item, for it to be advertised in the Idaho State Journal for the City Council meeting, as as public hearing for April 9, 1985. That a communique be sent to Land Investments, Inc. regarding the following items and allow them an opportunity to respond with counter proposal to the following items, which will come before the Land Use Commission, April 4, 1985: 1o Location of easement 2. Cash in lieu of park 3. Access to subdivision by Bluebird 4. Safety of canal,once easement established. Janet Williams seconded the motion. Rollcall vote: Hopkins, yes; Nelson, yes; Cain, yes; Parrish, abstained, Williams, yes; Anderson, yes. PUBLIC HEARING ITEM: 3. PROPOSAL BY JOHN POWELL III, 5500 BANNOCK, POCATELLO, IDAHO FOR A CONDITIONAL USE PERMIT TO PLACE A CLASS II PRODUCTION Building in the 600 Block of Homestead Road. Property is presently zoned General Residential (R-2). Chairman Anderson asked for city staff comments. the following comments: b c d Steve Smart made Existing Land Use District is R-2 Comprehensive plan calls for area robe R-! Area legally subdivided to its present state prior to city of Chubbuck zoning in 1972. Each parcel now existing may be divided one time into two parcels without triggering the subdivision ordinance. City needs a certification that it is a HUD Approved Home (1976 or later). JOHN POWELL III - CONDITIONAL USE PERMIT FOR CLASS II PRODUCTION DWELLING Chairman Anderson asked for comments from Mr. Powell. Mr. Powell stated home would be placed on a permanent foundation, and would be comparable to the other homes in the area. He had photographs of the home ~show to commission. Becky Hopkins questioned him about the sewer and water She said the city had considered an LID in the area, to provide these services, but the area residents had opposed the cost. Mr. Powell said they would needt~hese services; that it was his feeling the city would have ~ · provide the sevices to an area within the city. He said no matter, if he had to dig a well and a septic tank he would have to have the service. Attorney Winmill said in research a couple of years ago, it was his feeling, the city would have to provide water to a resident; but they could require people to hook-up to the sewer, at their own expense. Chairman Anderson opened public hearing for comments for or against proposal. Paul D. Cramer, 575 Homestead, expressed concern if home would meet the requirements of an R-2 zone. Marcia Sullivan, 550 Homestead, asked why a hearing was needed if home met requirements of an R-2. Attorney Winmil! explained that it was only allowed under a conditional use, and that the commission could impose as many conditions as they felt was needed to make it compatible to the other homes in the area. Mrs. Sullivan expressed concern about the sewer and water, said they were opposed to an LID. Ron Pickens, 5241 Hawthorne, said he had no objection to the home, but was opposed to an LID to provide sewer and water. Barry Edwards,570 Homestead, expressed concern about the water and sewer, and wondered if they would be forced into an LID in the future if more homes were built on the street° Glenn Perry, Idaho Falls, Idaho, owner of property at 575 Homestead, expressed concern about the type of building and how it would affect the property in the area. Attorney Winmill reminded the residents in the area, the water and sewer would have to be taken care of by the City Council, as the Land Use Commission had no power to determine how it would be handled. Chairman Anderson closed the public hearing from commission members. and asked for comments JOHN POWELL III - CONDITIONAL USE PERMIT FOR CLASS II PRODUCTION DWELLING Sue Parrish made motion to approve the conditional use permit of John Powell III, 5500 Bannock, Pocatello, Idaho, to place a Class II Production dwelling in the 600 Block of Homestead, that all applicable zoning and existing ordinances be met;with stipulation that in the acceptance of condtional use permit it is understood the Land Use Commission does not decide water or sewer assessability, that the city to determine if a building permit be issued on this a~ccessability of water and sewer. The home to conform to the aesthetic value that does not detract from homes around it. Janet Williams seconded the motion. Roll call vote: Williams, yes; Cain, yes; Nelson, yes, Hopkins, abstained, Parrish yes, Anderson, yes. PUBLIC HEARING ITEM: 4. PROPOSAL BY STEWART NELSON, 11631 NELSON LANE, POCATELLO, IDAHO, FOR A CHANGE OF THE CITY'S COMPREHENSIVE PLAN[ AND A CHANGE OF LAND LAND USE DISTRICT TO GENERAL RESIDENTIAL (R-2) on the westerly portion of Lot 18 Block 1 Paradise Acres Subdivision. Property is presently zoned Agricultural (A). Chairman Anderson asked for comments from city staff. In memo prepared by Steve Smart he had indicated the lot was platted with the original Paradise Acres Subdivisioin. The original developer desired this to be, at least in part, a commercial lot. The city council, at that time denied their request for commercial zoning and left it as agricultural. The LUD and council did, however, in the comprehensive plan designate it as future commercial property. He indicated it seemed like a very large, parcel to be all commercial. Chairman Anderson opened hearing for public comment for or against. There being none public hearing closed. Chairman Anderson asked for comment from the commission. Ron Nelson asked about the availability of water and sewer. told both are available to property. He was Pete Anderson asked what Mr. Nelson intended to do with property after zone change. He said he would be building multiple family dwellings. Steven Smart said Mr. Nelson wants to build a private development, no services would be maintained by the city inside the development. Commission members discussed this development and changing zoning. Janet Williams made motion to recommend to the City Council a change of zoning on property belonging to Stewart Nelson from Agricultural to General Residential. Myrna Cain Seconded motion. Motion withdrawn and second withdrawn. STEWART NELSON - CHANGE OF COMPREHENSIVE PLAN - LAND USE DISTRICT Janet Williams made motion to recommend to the City Council for their approval the change of the comprehensive plan for Stewart Nelson, on Lot 18 Block 1 Paradise Acres, witholding 400' frontage 350' deep on Yellowstone Highway. Myrna Cain seconded the motion. Roll call vote: Hopkins, yes; Nelson, yes; Cain, yes; Parrish, yes; Williams, yes, Anderson ,yes. Ron Nelson made motion to recommend to the City Council for their approval a change of Land Use District on Lot 18, Block 1 Paradise Acres Subdivision, excluding 400' frontage 350' deep on Yellowstone Highway,from Agricultural to General Residential (R-2) for Stewart Nelson. Becky Hopkins seconded the motion. Roll call vote: Hopkins, yes; Nelson, yes; Cain, yes; Williams, yes; Parrish, yes; Anderson, yes. Attorney Winmill in~rmed the commission he would prepare the findings of fact and conclusions of law and circulate them for their approval by the next meeting in April. OTHER BUSINESS: 1. James Marshall,602 Chickadee, request of commission if he would need a conditional use permit to operate a janitorial business. Attorney Winmill reviewed with the commission the requirements for a home occupation. It was determined the commission would not require a conditional use permit on business that were conducted from home, where only the telephone was used to operate a business. 2. Connie and Dee Howell, Roadrunner Video Recording, 224 East Chubbuck Road. After discussion it was determined the Howe]l's lived in a Industrial zone and all they would need is a business license. Motion made to adjourn at 11:15 p.~b~ by Ron Nelson, all voted in~f/~o~/// ~t~ A~er~o] , Chairman seconded Dorothy War~, Secretary