HomeMy WebLinkAbout001-6-04LAND USE AND DEVELOPMENT COMMISSION
January 6, 2004
Minutes of the regular session of the Land Use and Development Commission held at Chubbuck
School, 600 Chastain, January 6, 2004.
Present: Chairman Pete Anderson, Commission Members: Gale Anderson, DeLoy Stuart, Michelle
Miller, Lee Merrill, Ray Rosen, Jason Mendenhall, Michelle Christy; City Staff: Steve Smart, and Larry
Kohntopp; Attorney Tom Holmes, secretary Myrna Crapo
Chairman Anderson called the meeting to order at 7:00 p.m.
Chairman Anderson asked for approval of the minutes of November 4, 2003. Lee Merrill moved to
approve the minutes, Gale Anderson seconded; all voted in favor.
Chairman Anderson asked if any member of the Commission had a conflict of interest. DeLoy Stuart
declared he did.
PUBLIC HEARING
1. An application by DeLoy A. Stuart, 767 Monika Court, Chubbuck, Idaho, 83202 for a
Change of Land Use District from (R -1), Single Family Residential to C -1, Limited
Commercial for professional offices. The property located at 770 East Chubbuck.
DeLoy Stuart, 767 Monika Court, he purchased this as an investment piece of property. He
has five employees that will be able to walk to the office from their homes. His children will have
someone there when coming home from school. His main business is computer graphics and he works
around the Northwest. 85% of his customer base lives outside of the state of Idaho. About 5
customers a day will probably stop by. He will be doing photography on the side.
He will turn the building into a home style business. They will have plenty of parking. It will be 9 to 5
pm during the week. They will have a 10' buffer in the front. They would put in one curb cut and will
have a turn around area. In the back they have a 50' by 100' private park.
The commission discussed:
1. The parking area will probably have a dozen parking spot.
2. Will the construction be completed before moving in. Yes.
Pete entered into the record a petition that was signed by 15 people against the application.
The meeting was opened for public hearing comments for and against.
Mark Bunce, 755 E. Chubbuck Road, Their family corporation is responsible for 80% of the
development. He feels it needs to stay residential.
M
Land Use and Development Commission
January 6, 2004
Page 2
Mike Buchanan, 4751 Chateau, the area is high traffic residential. There are a lot of people
walking, jogging, etc. He feels that it would devaluate the property. He would like to keep it
residential.
Kent Kearns, 4831 Elizabeth, he has problems with it being in existing residential. Commercial
would be ok in new development. Kent reviewed the changes in the Comprehensive plan. He would
like to have us table this application.
David Fuller, 4870 Buffalo Road, it will better the neighborhood and look nice. He is trying to
building something that will fit into the neighborhood. Mr. Fuller is in favor of it and feels it is part of the
vision of the City. Mr. Stuart is trying to work within the city rules.
Gordon Wilkes, 885 E. Chubbuck Road, would like to have David Fuller address the value of
peoples property and how they will be effected.
Ron Horner, 755 Monika Court, He manages property and is in favor of it. His back yard
borders with it. It is a great idea. He feels Chubbuck Road will be going that way.
n
Carol Nelson, 776 Monika Court, she wants to file a petition to change the mixed use on that
end of Chubbuck Road. She doesn't want it
Adam Wood, 4849 Pleasant View, we are looking to the future with Chubbuck and
Yellowstone Road. If they will bring a couple of jobs into Chubbuck he is in favor of it. The business
will stay looking good as Mr. Stuart is an established business man. As far as safety concerns, there is
little day time traffic. The property values shouldn't go down.
David Fuller, 4870 Buffalo Road, he has a mortgage business doing finances on homes and
addressed zoning issues when getting a mortgage loan. In 10 years he hasn't had any concerns with
mixed uses. He has never had any trouble with a residential loan in a commercial zone. He doesn't
think it will effect home values.
Mike Buchanan, 4751 Chateau, as the business grows, he will probably increase his business
over the years.
Mark Bunce, 755 E. Chubbuck Road lives across from this house. He doesn't feel that
business will be permanent and he wants the area to remain what it is.
Dennis Stoddard, 780 E. Chubbuck Road, he feels it may be a real improvement. He thinks
that some questions need to be answered.
Land Use Development and Commission
January 6, 2004
Page 3
Claude Findley, 765 E. Chubbuck Road, He would like to have it remain as it is.
Don Pline, 764 Monika Court, it will be an improvement. It is needed and he hates to stop
progress. He is for it.
Bob Elzner, 4859 Johannson court, they are building a home there. He is in favor of this
particular business. New professional buildings increase the value of the area. The building contractors
association is in favor of it.
Deloy Stuart, 767 Monika Court, addressed increase traffic and devaluing the property- he
will not increase the traffic; it is already there. He is not looking at expanding. He plans on employee
about 10 people.
Commission Discussed:
1. He has more room for more cars if the business grows.
2. If the park would be used for weddings.
3. Square footage of parking.
4. A lot of businesses are being run in that area already for example beauticians.
5. Neighbors in the area that were in favor of it.
6. The designs of the building matches the residential area
Ray Rosen moved to recommend to the City Council approval of the application by DeLoy Stuart, 767
Monika Court for a change of land use district from R -1 Single Family Residential to C -1 Limited
Commercial for professional offices. The property located at 770 East Chubbuck; Lee Merrill
seconded. Roll call vote: Gale Anderson, yes; Michelle Miller, yes; Lee Merrill, yes; Ray Rosen, yes;
Jason Mendenhall, no; Michelle Christy, no; Pete Anderson, no.
2. An Ordinance amending references in section 18.12.030(C) and (D) of the Chubbuck
City Municipal Code to change references from the Uniform Fire Code to the
International Fire Code.
The meeting was opened for public comment; there was none so the hearing was closed and brought
back to the commission for a discussion and a motion.
Jason Mendenhall moved to recommend approval to the City Council ordinance amending references
in section 18.12.030(C) and (D) of the Chubbuck City Municipal Code to change references from the
Uniform Fire Code to the International Fire Code. Michelle Miller seconded. Roll call vote: Gale
.-. Anderson, yes; DeLoy Stuart, yes; Michelle Miller, yes; Lee Merrill, yes; Ray Rosen, yes; Jason
Mendenhall, yes: Michelle Christy, yes; Pete Anderson, no.
—� Land Use and Development Commission
January 6, 2004
Page 4
GENERAL BUSINESS:
1. Consideration to amend buffering requirements for C -1, Limited Commercial.
The Commission discussed:
1. The need to take a look at commercial C -1 uses along with the buffering requirements.
2. The types of C -1 usages need to be changed.
3. Design Review Committee being able to say what can be put on a piece of property
4. The need to review the businesses allowed.
5. Creating a mixed use zone and tightened up the requirements and review permitted uses.
6. Look at residential uses in a mixed use zone.
The commission decided to table the buffer issue and look at the C -1 zoning. Attorney Tom Holmes to
draft a proposal.
2. Training on open meeting law
Tom Holmes talked about the way the Idaho open meeting law works. We get in trouble on Land Use
when we go to the site and visit the neighbors. We can't take testimony outside of the meeting and
uses it as the basis for the decision. The commission shouldn't discuss it outside of the meeting. We
need the testimony to be taken at the meeting.
3. Discussion on an ordinance to provide any area within the right of way shall be landscaped if
not covered by pavement, curb, gutter or sidewalk; adding section 18.14.050 to require that any trees
removed during development be replaced.
The Commission discussed:
1. The reason for this ordinance.
2. The clustering of trees being added as an option.
3. Some island areas would look better if they were landscaped.
Tom Holmes will work this ordinance and bring it back to the commission.
Jason Mendenhall moved to adjourn at 8:50 pm with Ray Rosen seconding.
Mra Crapo, Secretary
� � G
Pete on, Chairman