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HomeMy WebLinkAbout010 04 79LAND USE & LAND DEVELOPMENT COMMISSION MINUTES OctOber 4, 1979 Minutes of the regular meeting of the Land Use and Land Development Commission held in the city municipal building, October 4, 1979. Meeting called to order at 8:04 p.m. by Chairman Dee Stalder. Present: Chairman Stalder, Commission Members: Dwain Kinghorn, Becky Hopkins, Janet Williams, Dean Wood and Mike Metcalfe, City Engineer, Steven Smart, Attorney Donald L. Burnett, Jr. and Secretary Dorothy Ward. Minutes of the regular meeting of the Land Use and Land Development Commission, held September 6, 1979, were read by the secretary. Chairman Stalder asked for any additions or corrections, there being none, Janet Williams made motion to accept minutes as read. Becky Hopkins seconded motion. All voted in favor. PUBLIC HEARING ITEM: JOSEPH R. & JOANN OSIER, 9551 Chadwick, Boise, Idaho, request for a conditional use permit to develop a production dwelling court on approximately 13.80 acres on the southeast corner of Hawthorne and Chubbuck Road. Propertyis presently located in an Agricultural Transitional (A-T) zone. Mr. Osier showed plans he had drawn of the develpment he proposed. He also told the Commission the minutes of September 6, 1979 indicated each lot would be fenced and this will not be the case. He showed a traffic survey he had made. It indicated only six more cars would be involved in an mobil home court of this size than in an R-1 Zone. Mr. Osier also showed slides of several mobil home parks in the Boise area. Mr. Carmine Pisano, 4641 Hawthorne Road, asked Mr. Osier if he would be moving into this park. Mr. Osier said no, as they have children; but they would either build or buy a home in the area. Jack W. Nielson, 535 Bonanza, asked if this mobil home court is allowed, what will happen to the remaining land, which lies south. $~ould it also develop into a mobil home court. Chairman Stalder told Mr. Nielson the Commission would have to handle this in the same process as being used with Mr. Ozier. Mrs. Benita Nielson, 535 Bonanza, asked if requirements could be placed on this land at the present time. Mr. Kinghorn told her no, the developer would have to follow the same process - but the door might be opened, if mobil home court is allowed on this particular property. Chairman Stalder said the Commission has the right to evaluate each request as it comes before them. Tim Shurtliff, 4943 Redfish, commented on theldensity a mobil home court would create. He said it would put a load on Chubbuck Road, which is already heavily traveled. He also commented on the landscaping in mobil home parks. Mr. Osier said most people in mobil home parks, as a general rule, do not want large lots. JOSEPH & JOANN OSIER Becky Hopkins thanked those in attendance at the meeting for their comments. She said they had made good points, for and against the proposal. She said it is a unique chance for Chubbuck to rebuild its image and the Commission needs to be careful of all future developments. Jack Nielson, 535 Bonanza, asked for a definition of Agricultural Transitional (A-T) zone. Mr. Kinghorn explained prior.to 1972 there were no zoning ordinances. Many hours had been put in to establish some guidelines to follow for the develpment of the city and how it should grow. He explained how the city developed the Comprehensive Plan and how the City Gouncil and Commission had determined the different zones. He said in the Comprehensive Plan this property was designated commercial and he felt they would be defeating the hours that have gone into development of these ordinances if a mobil home park was allowed. He said it was important for the city to have some commercial areas as up to the present time all taxes had been geBerated from residential property. Dale V. Francis, 515 Bonanza, asked if city has standards for qual~ty"]:of mobil home park. Mr. Kinghorn answered yes, but in his opinion they are not strict enough. Becky Hopkins said we need to recognize people own land and have rights to develop it, the time has come for city to quit making mistakes; for future development we need to start limiting trailer courts. Dwain Kinghorn said he appreciated comments that had been made, these expressions of the people have to be recognized. Mike Metcalfe said we have to work within framework of laws, there are responsibilities to land owners and the people involved. The city has to address the trailer park problem, that he was sure Mr. Osier would not be the last person to come in with this request. Dwain Kinghorn read from the Land Use Ordinance, page .46, Section 7-6: Consistency with Comprehensive Plan. No variance shall be granted, nor any conditional use permit issued, nor any revision to this ordinance adopted, unless such action is consistent with the City's comprehensive plan. He commented a few minutes about planning the commission had made. Planning this area would develop into something that would be a better tax base; also in the Idaho Code on special use permits it states they will not be granted if there would be a detrimental impact to the future development of this city. All C-2 and R-2 areas would be fair prey to mobil home parks. The fact area has been laid out a commercial area for the benefit of the city; would be doing a dis-service to the city. Dwain Kinghorn made motion to recommend to the city council~for denial of conditional use permit of Joseph & JoAnn Osier to develop a production dwelling court on approximately 13.80 acres on the southeast corner of Hawthorne and Chubbuck Roads. Becky Hopkins seconded motion. Metcalfe, no; Wood, yes; Kinghorn, yes; Hopkins, yes; Williams, yes, Stalder, no. Dwain Kinghorn made motion to recommend to city council they declare a moratorium on further development of production dwelling courts until further study can be made on the impact of production dwelling courts within the city. Becky Hopkins seconded the motion. The voting was unanimous. PUBLIC HEARING ITEM: DETERMINATION WHETHER A BLANKET VARIANCE SHOULD BE GRANTED, AS REQUESTED BY ROY J. LACEY, Rte #1Corey Lane, Pocatello, Idaho, with respect to the Roy Addition Subdivision. Request is to allow 5 foot side yard and same square footage for multiple dwellings as previously allowed under Ordinance #98. Chairman Stalder read application of Mr. Lacey. Mr. Lacey said he had worked with city engineer in building his subdivision. He had built to comply with all ordinances in effect at that time. New ordinances would require smaller homes to be built. He said he would like to maintain square footage for lots in the Roy Subdivision. He said all lots had been developed. Terry Briscoe, 4849 Whitaker Road, said he is a builder and by changing the side yard requirements now would require smaller homes to be built. Tony Satchwell said he is buying a lot from Mr. Lacey and would like to have a two car garage. If lot requirements a~echanged he will not be able to build the home they have planned. Dwain Kinghorn stated Mr. Lacey's request is valid; he had started the subdivision prior to the adoption of the new ordinance; by complying with-this ordinance it would be a hardship for Mr. Lacey. Dean Wood made motion to grant a blanketvariance, as requested by Roy J. Lacey, to develop the Roy Subdivision with 5 foot side yard and same square footage for multiple dwellings aSpreviously allowed. Mike Metcalfe seconded the motion. The voting was unanimous. PUBLIC HEARING ITEM: DETERMINATION WHETHER A BLANKET VARIANCE SHOULD BE GRANTED, AS REQUESTED BY HOME BUILDERS, P.O. BOX G, POCATELLO, IDAHO, WITH RESPECT TO THE HEIGHT'S SUBDIVISION on West Chubbuck Road. Request is to maintain original side yard requirements as previously allowed under Ordinance #98. Rob Broadhead, Superintendent of Home Builders, said they had same problems as Mr. Lacy. He said the market determine rate Of how fast they build homes. Restrictive covenants require homes to have garages. The house plans they use are too:]iarge to meet new ordinance requirements. He said many of their homes have enough side yard area for R. V. storage. He said they try to accomodate the buying public. Mr. Broadhead said it would be a hardship to accomodate new ordinance. Mike Metcalfe made motion to grant blanket variance to Home Builders, P.O. Box G, Pocatello, Idaho, with respect to the Heights Subdivision, to maintain original side yard requirements under which it had been developed. Dean Wood seconded the motion. Voting was unanimous. PUBLIC HEARING ITEM: A PRELIMINARY PLAT FOR CHUBBUCK CENTER DEVELOPMENT proposed by Ashley Craig And Associates, Salt Lake City, Utah. The proposed development is located at the northwest corner of Chubbuck Road and Yellowstone Avenue. CHUBBUCK CENTER DEVELOPMENT Richard Allen, representing Ashley Craig Associates, presented the preliminary plat and answered questions from the Commission. Engineer Smart said he had reviewed the plat. He said they had filed an application to vacate two subdivisons involved. Theron Pollard, President of Diverisfied Investments, asked how the plat would affect his property at the corner of Yellowstone and Chubbuck. Mr. Harold Powell, Hamilton & Voeller, explained this property is excluded, that it was shown on preliminary plat at the request of the city. Becky Hopkins made motion to recommend preliminary plat of Chubbuck Center Development be approved by the city council with the recommendations of the city engineer be followed. Mike Metcalfe seconded the motion. All voted in favor. (A) CONSIDER APPLICATION FOR DESIGN REVIEW PERMIT Mike Metcalfe reviewed the check list to be followed for design review. Becky Hopkins said there had been discussion of city requiring a developer following a certain design. Dwain Kinghorn asked Mr. Allen if his people would build to a theme. Mr. Allen said he was sure they would not. A discussion followed on the design of the buildings and the layout of the buildings. Mike Metcalfe made motion to recommend to the city councili'for approval of Design Review Permit of Chubbuck Center Development. Dean Wood seconded the motion. All voted in favor. PUBLIC HEARING ITEM: A PRELIMINARY PLAT FOR PINE RIDGE MALL DEVELOPMENT p~oposed by Pine Ridge Development Company, Salt Lake City, Utalh. The proposed develp~pm~Dt is lo~:~ted near the intersection of Quinn Road and Pole Line Road and Yellowstone Avenue. Engineer Smart presented the preliminary plat of the Pine Ridge Mall Development and discussed his recommendations with the Commission. He said they only want to provide an acceleration lane at the present time and he feels enough right-of-way should be set aside for additional traffic lane at the entrance to mall. Mr. Mike Krugly said their traffic consultant did not recommend additional lane at this time. Pads had been set back with landscaping to accomplish up to a six lane road. Engineer Smart said he would recommend a 25' easement be dedicated but not improved at this time for future potential access back to Hawthorne Road. Mr. Krugly said the company would not approve this. Mr. Smart said it would not be improved now but when land develops and city does have access on Hawthorne Road. Mr. Krugly said they felt they had adequate access and they want to control access. PINE RIDGE DEVELOPMENT Mr. Smart said some where along Hawthorne Road as property develops there will have to be access; maybe this developer may not want 'to tie in, but if he preferred to come in it would be a good idea to have some access. ik~:Metcalfe said the city should not require from developer this 25' easement; ut adjacent property develops they should work with city to develop the road. Mr. Krugly said they had just'completed an agreement with Mr. Breneman to have control of Breneman Road. With regards to access points on to that road, they are limited to one. They will completely redo that roadway, tear out asphalt, curb and gutter, light and maintain it. He said they will be limiting curb cuts. The curb cut at the Chevron Staion will be eliminated. They will have to provide an internal road, westward to intersect with open median entrance - so they can control this access. Mr. Kinghorn asked about the canals in the area, if they would be covered. Mr. Krugly said the canal would be covered off from Yellowstone and along the Breneman property and completely fenced with a 6' fence from Quinn Road along property line. Mr. Krugly said they were dedicating additional ground on Quinn Road for the future expansion of this road. Janet Williams made motion to recommend to the City Council to accept the pre- liminary plat of Pine Ridge Development with recommendations of city engineer; excluding the dedication of 25' easement on Hawthonre Road. Dean Wood seconded the motion. The voting was unanimous. (B) CONSIDER APPLICATION FOR DESIGN REVIEW PERMIT Engineer Smart presented design review of Pine Ridge Development. Mr. Smart said criteria have been addressed and apparently satisfied. Mr. Krugley said they would like to start construction in two or three weeks; he said there was still a lot of dirt to be moved plus utility work has hardly commenced. He said everything is screened, truck stops, transformers, gas meters, roof top equipment, all will be completely ,screened. Becky Hopkins made motion to recommend to city council to issue design review permit of Pine Ridge Development. Dean Wood Seconded the motion. Voting was unanimous. Attorney Burnett reviewed the action summary the commission must complete following each action taken. Dean Wood made motion to adjourn at 11:50 p.m. Becky Hopkins seconded the motion. Voting was unanimous. Dorothy L. ~Fd, Secretary Dee Stalder, Chairman Name of Applicant: CITY OF CHUBBUCK ACTION SUMMARY BY THE LAND USE ~{D DEVELOP~NT COMMISSION: A. Authority: B. Action taken: ~ To Recommend lowing condition(s): To Decide Application approval Application denied Application approved on fol- The following ordinances and standards were used in evaluating the application: C~~/4 Z~~~ p~ The applicant could take the following actions to obtain favorable action by the Commission: LAND USE AND DEVELOPMENT CO~ISSION: Date Chairman / Presi'ding Officer Name of Applicant: Home Builder_~ ~ ~~ CITY OF CHUBBUCK ACTION SUbg~RY BY THE LAND USE ~D DEVELOPmeNT COMMISSION: A. Authority: To Recommend ~ B. Action taken: To Decide Application approval Application denied Application approved on fol- lowing condition(s): The following ordinances and standards were used in evaluating the The above m~Ziom is taken for the following reasons: · he appZLcanC co:Zd ~ake the ~oZZow~ng aeCLons Co obcaLn favorable acCLoa by the ComLssLon: LAND USE AND DEVELOP~MENT CO~4ISSION: Date By ,% ~.z;~~ ,<;- 'Chairman '/ Presiding Officer Name of Applicant: pm/ ,1 L~_cey _ D~,,'v c,,~,,~;^- CITY OF CHUBBUCK ACTION SUMMARY BY THE LAND USE ~D DEVELOP~NT COF~MISSION: A. Authority: To Recommend ~ To Decide B. Action taken: ~ Application approval Application denied Application approved on fol- lowing condition(s): The following ordinances and standards were used in evaluating the The above me<-i~n is taken for the following reasons: The applic~"~%~%'d '~ake the following actions to obtain favorable action by the Co~ission: LAND USE AMD DEVELOPMENT CO~4ISSION: Date Chairm~n [ Presiding Officer Name of Applicant: Chubbuck Center~u~¢"k~"~sion,,, CITY OF CHUBBUCK ACTION SUMMARY BY THE LAND USE ~qD DEVELOP>~NT CObLMISSION: A. Authority: ,~... To Recommend B. Action taken: lowing condition(s): To Decide Application approval Application denied Application approved on fol- I f. The following ordinances and standards were used in evaluating the application: The above m .... n is taken for the following reasons: The applicant could take the following actions to obtain favorable action by the Commission: LAND USE AND DEVELOPMENT CO~4ISSION: Date Chairman / Presiding Officer Name of Applicant: ~/~/,.~V ~e-~,~ - ~,~z~ ~-_ ~"/~--~ CITY OF CHUBBUCK ACTION S~RY BY THE LAND USE AND DEVELOP~NT COFEEISSION: A. Authority: To Recommend B. Action taken: To Decide Application approval Application denied Application approved on fol- lowing condinion (s): The following ordinances and standards ~lere used in evaluating the application: The above mo~-ion is taken for the following reasons: The applicant could take the following actions 'to obtain favorable action by the Commission: LAND USE AND DEVELOPMENT C0~ISSION{ Date Chai{nnan / Presiding Officer Name of Applicant: CITY OF CHUBBUCK ACTION SUMMARY BY THE LAND USE ~D DEVELOPmeNT COMMISSION: A. Authority: ~ To Recommend B. Action taken: lowing condition(s): To Decide Application approval Application denied Application approved on fol- The following ordinances and standards were used in evaluating the application: The abov~ mc~-i, on zs taken for the followzng reasons: ~;A/,,~ble o"-~1~ .~-.,..,~.s .. . The applicant could take the following actions to obtain favorable action by the Commission: LAND USE AND DEVELOPMENT CO~4ISSION: Date Chairman / Presiding Officer CITY OF CHUBBUCK ACTION SUMMARY BY THE LAND USE AND DEVELOPmeNT COMMISSION: A. Authority: B. Action taken: lowing condition(s): To Recommend To Decide Application approval Application denied Application approved on fol- The following ordinances and st~nda,rds.~ere used in evaluating the application: ~~,k ~L~Jc ~7~ The above.~n is taken for the following reasons: The applicant could take the following actions to obtain favorable action by the Commission: LAND USE AND DEVELOPMENT COmmISSION: Date Chairman / Presiding Officer