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HomeMy WebLinkAbout008-2-05LAND USE AND DEVELOPMENT COMMISSION August 2, 2005 Minutes of the Land Use and Development Commission held at Chubbuck City Office, 5160 Yellowstone, July 5, 2005 Present: Chairman Pete Anderson; Commission Members: Rodney Burch, Jason Mendenhall, Mary Harker, Shawna Elzner, Gale Anderson, DeLoy Stuart; City Staff. Larry Kohntopp, Steve Smart, Sean Harris; Attorney Tom Holmes and Secretary Myrna Crapo. Chairman Anderson asked if any commission member had a conflict of interest with anything on the agenda. There was none. Chairman Anderson asked for approval of the minutes of regular meeting of July 5, 2005; and study session of July 19, 2005; Jason Mendenhall moved to approve the minutes as mailed, Gale Anderson seconded; all voted in favor. PUBLIC HEARING: 1. An application by M. Daniel Bull, 3408 West Portneuf Road, Inkom, Idaho, for a annexation and zone change to Residential Subdivision (R -1). The property is located West of Homestead Road and North of Canal Street. Larry Bull, 5787 W. Portneuf Road, he represents the Dan Bull partnership. They want to be annexed under R -1. The City Council has approved the urban service boundary and extending city services to the project. Water lines are installed onto the project already. They have met all the requirement for approval of the Land Use for annexation into the city. Larry Kohntopp the comprehensive plan Urban Service boundary map has been changed to reflect that change. We have received a letter from Richard and Barbara Kaup at 922 Stone in opposition of the application; we also have a petition from citizens opposing the preliminary plat. They both deal with item #2. The meeting was opened for comment for or against. Glen Cranor, 617 Dell, he is opposed to the annexation on the basis that we need the subdivision in place before we annex the land. The public hearing was closed and brought back to the commission for discussion and a motion. Shawna Elzner moved to approve the application by M. Daniel Bull, 3408 West Portneuf Road, Inkom, Idaho, for a annexation and zone change to Residential Subdivision (R -1). The property is located West of Homestead Road and North of Canal Street. DeLoy Stuart seconded. Roll call vote: Jason Mendenhall, no; Deloy Stuart, yes; Mary Harker, no; Shawna Elzner, yes; Rodney Burch, yes; Gayle Anderson, no; Pete Anderson, yes. Land Use and Development August 2, 2005 Page 2 2. An application by M. Daniel Bull, 3408 West Portneuf Road, Inkom, Idaho, for a Preliminary Plat for Homestead Estate. Property is located at west end of Homestead. Mr. Larry Bull, 6787 W. Portneuf Road, they have made some additional changes. They originally wanted to have 78 lots and now they have changed the lots to fit the lots in the area. Mitchell Greer, Rocky Mountain Engineering Survey, 155 S. 2 ❑d Avenue, They moved the park to the east boundary. They have created larger lots in that area more comparable with the homestead area. They now have 59 lots. Park is 1.1 acres. They will extended Homestead Road out to the West to connect into the Cole Loup and extend that to the northern boundaries. They will create a water Loup that should alleviate some of the concerns on the water problem. They will construct the canal crossing. The meeting was opened for public comment for or against. Ranae Richmond, 690 Homestead, she said go for it for the 175' frontages for the one lot. She doesn't believe they have that much frontage. Sally Peterson, 570 Homestead road, in reference to petition that was presented to the commission. She reviewed that petition. Glen Cranor, 617 Dell Road, are there definite sizes on these lots. Steve England met with them and assured that there will only be 50 homes built. Wayne Taysom, McCammon, Idaho, they could have put 70 homes and they went down to 59. The sewer plan study shows that it will be alright. He reviewed the study. Tom Ward, 649 Dell, he isn't in favor of this. Sally Peterson, 570 Homestead Road she thinks they can make money on bigger lots. The public meeting was closed and brought back to the applicant. Mitch Greer, Rocky Mountain survey, 3/4 acre will be about the size on the lots. There is a demand for large lots in the area, most larger lots are being built in the county with less restrictions. The layout has been changed 5 to 10 times in their office No one is happy, but they have come to a reasonable compromise. They will construct a crossing across the canal. They will relinquish the water back to Fort Hall irrigation. The water rights won't impact Homestead water rights. n The commission discussed: 1. Combining lots to have less lots 2. The bridge construction across the canal 3. The irrigation water rights 4. Using irrigation water within the development Land Use and Development August 2, 2005 Page 3 Glen Cranor, 617 Dell, The money they can get for this size of lots. Briscoe Subdivision were a lot smaller. Mitch Green, the developers agreed to transfer those water rights into an association that will maintain those on property and put in some type of pressure irrigation system. The commission discussed: 1. Ft. Hall water rights 2. The size of the lots Rodney Burch moved to recommend approval to the city council of an application by M. Daniel Bull, 3408 West Portneuf Road, Inkom, Idaho, for a Preliminary Plat for Homestead Estate on the west end of Homestead with the condition that they pursue the retention of the water rights inside the home owners association and the implementation and construction of transfer to individual lots for irrigation. Shawna Elzner, seconded. Roll call vote: Jason Mendenhall, no; Deloy Stuart, yes; Mary Harker, yes; Shawna Elzner, yes; Rodney Burch, yes; Gayle Anderson, no; Pete Anderson, yes. 3. An application by Don Bosworth, 3595 Wild Mountain Drive, Pocatello for a Preliminary Plat for Wynd Haven Corner. The property is located at 120 W. Siphon Road Don Bosworth, 3595 Wild Mountain Drive, Pocatello, Lot 5 of block 1 might have a strip mall with a pad site. They are trying to clean up the lines. The meeting was opened to public comment for or against. Connie Holyoak, 237 Jacob Street, they wish the apartments were not so tall. They would like access for the children from Paradise Acres without having to go on Yellowstone to get to any stores that will be built there. Don Bosworth, they want to keep it neighborhood friendly. The commission discussed: 1. Right of way on Siphon Road. 2. The canal drain on Siphon being opened. Mary Harker moved to recommend approval of the preliminary plat for Don Bosworth, 3595 Wild Mountain Drive, Pocatello for a Preliminary Plat for Wynd Haven Corner. The property is located at 120 W. Siphon Road. Jason Mendenhall seconded. Roll call vote: Jason Mendenhall, yes; Deloy Stuart, yes; Mary Harker, yes; Shawna Elzner, yes; Rodney Burch, yes; Gayle Anderson, yes; Pete Anderson, yes. Land Use and Development Commission August 2, 2005 Page 4 5. An application by Elk Ridge Construction, 451 East Elaine Circle, Inkom, Idaho, for a Change of Land Use District from (R -2), Limited Family Residential to P.U.D. (Planned Unit Development). The property is located behind 5401 Whitaker. Robert Heuseveldt, Rocky Mountain Engineering, 151 S. 2 ° did a power point presentation. They will have 14 twin homes on 30 lots. 2 lots reserved for common open space. Project area is 4.13 acres. The average lot size 4,170 square feet. A 6 foot privacy fence will be placed along the eastern border with the existing house at the time of construction. They will make no modifications to those fences. Commission discussed: 1. Primary market is for baby boomers 2. The parking spaces for company 3. Rear setback and common area 4. Common area - the provisions as far as fencing on the property. - none allowed 5. The lot size measurement goes to the center line of the street Cary Baird, 451 E. Land Circle, Inkom; Kays Cove has only two buildings left for sale. Some residents have put fences up and the association decides if they want to put a fence up. City staff questioned the lot lines up to the middle of the street. They need to pull them back. The meeting was opened for public comment. Entered into the records we received a petition with 115 names that are opposed plus a letter from Kurt & Wendy Velman, 5157 Whitaker and Tim and Jan Smith, 5401 Whitaker Road (in front of the development) are opposed; there are six letters in opposition Verlyn Ashton, 5369 Whitaker owns the property to the south. The area all has acreage lots with R -1 homes to the north. His bedroom will be 14' from the road. It needs to be left the way it is. He has 3 'V2 acres and is concerned about the horses in the area. What about fences to the south. They are trying to keep their neighborhood and let it grow the proper way. Mitch Greer, Rocky Mountain Engineering, anything outside of the home is the common area. Kent England, 4671 Annie's Avenue, they have a functioning home owners association. He surveyed the residents around his residents to see the attitude of neighbors to see how they feel about it. This will have less impact on the traffic. Heidi Pope, 5273 Whitaker, she is opposed to this. There are a lot kids in the area. It is too crowded a development. Ken Funk, 441 Chesapeake, he is opposed. He borders this property. They would like to keep the neighborhood that they have. They want it to be consistent with what is there. n Land Use and Development Commission August 2, 2005 Page 5 Jane Hawkes, 481 Chesapeake, she is opposed. Gary Dixon, 5253 Whitaker Road, he wanted to have horses and quiet; and is opposed. He is concerned with the impact on the sewer. Sean Kress, 421 Chesapeake, the fence on the north side stops is his back yard. He is concerned with the barbed wire fence that is there now. With the kids walking to and from school, there is an on going problem. He is opposed to it. Jan Smith, 5401 Whitaker Road, just bought the property two months ago and were unaware that this was going in She is opposed to it. They moved into the area for the quiet. Paul Mottishaw, 5130 Whitaker he is opposed. Darris Ellis, 13560 N. Hawthorne Road, he wanted R -2 for Cambridge Estates but the city decided to have it R -1. Briscoe had to change his to R -1 also. Wendy Velman, 5157 Whitaker Road, they bought the house because they wanted to have property. They have a county setting in a city. It will set the precedent for more of this type. Blake Jones, 411 Chesapeake, he borders to the north. He was in opposition. He has four young children who go to school and he is concerned for the traffic. Tim Smith, 5401 Whitaker, he doesn't want to have the zoning changed. He doesn't want to have it there. He is at the end of the road and the outlet goes past him home. He would like to see it less dense. The public hearing was closed and brought back to the applicant. Cary Baird, The road in Rachel's Rainbow is a main traffic area so the city took it over. The back of the property is a 50' right of way to the south. Mitch Greer, Rocky Mountain Engineering Surveying, they impact the neighborhood. The 20 years vision is not to have farm property along Whitaker Road. They will turn the water back to Fort Hall. Cary Baird they are not planning to put any fencing up at this time. /'\ Land Use and Development Commission August 2, 2005 Page 6 ' The commission discussed: 1. The sit back formula 2.45' at the entrance 3. Recreation area at the entrance will have a swale for a water retention area 4. Putting a fence around the property 5. Water and sewer will go through Victorian Village. 6. Taking over the street by the city 7. Private street with public utilities 8. The road being built to city standards 9. Require fencing 10. Leaving as a R -2 Zone 11. Increase traffic 12. Public using 30' road Jason Mendenhall moved that we recommend to the city council denial of the application by Elk Ridge Construction, 451 East Elaine Circle, Inkom, Idaho for a Change of Land Use District from R -2, Limited Family Residential to P.U.D. (Planned Unit Development). The property is located behind 5401 Whitaker. Rodney Burch, seconded. Roll call vote: Jason Mendenhall, yes; Deloy Stuart, no; Mary Harker, yes, Shawna Elzner, no; Rodney Burch, yes; Gayle Anderson, no; Pete Anderson, yes. 6. An application by Elk Ridge Construction, 451 East Elaine Circle, Inkom, Idaho, for a Preliminary Plat for Anna Rose Estates. Property is located behind 5401 Whitaker. Robert Heuseveldt, Rocky Mountain Engineering: In order to meet the R -2 they would only need to eliminate one unit and keep the 30' road. The meeting was opened for public comments. Verlyn Ashton, 5669 Whitaker, wanted to know what the making up of a geographic area is. Tim Smith, 5401 Whitaker, the zoning for Whitaker Place is R -2 (Limited Family Residential). He questioned how many homes could be put in a geographic area. The public hearing was closed. Jason Mendenhall, moved that we recommend to the City Council denial of the application by Elk Ridge Construction, 451 East Elaine Circle, Inkom, Idaho for a Preliminary Plat for Anna Rose Estates. Property is located behind 5401 Whitaker. Mary Harker seconded. Roll call vote; Jason Mendenhall, yes; Deloy Stuart, no; Mary Harker, yes; Shawna Elzner, yes; Rodney Burch, yes; Gayle Anderson, no; Pete Anderson, yes. 6. An application by the City of Chubbuck to amend Ordinance 18.08.010 and 18.12.040 .^ allowing a greater percentage of structures to be allowed in certain zones and establishing procedures to allow such exceptions within a defined geographic area. Attorney Tom Holmes explained the ordinance. The public hearing was opened for public comment. Planning and Zoning Commission August 2, 2005 Page 7 The meeting was closed with no public comment. Gayle Anderson moved recommend to the city council to approve the application by the City of Chubbuck to amend Ordinance 18.08.0 10 and 18.12.040 allowing a greater percentage of structures to be allowed in certain zones and establishing procedures to allow such exceptions within a defined geographic area. Jason Mendenhall seconded. Roll call vote: Jason Mendenhall, yes; Deloy Stuart, yes; Mary Harker, yes; Shawna Elzner, yes; Rodney Burch, yes; Gayle Anderson, yes; Pete Anderson, yes. There will be a study session August 16, at 7:00 P. Jason Mendenhall moved to adjourn at 10:00 pm; Lvor. AA�� r�� �J�� Myrna Cr , Secretary