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< 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