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