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LAND USE AND DEVELOPMENT COMMISSION
October 4, 2005
Minutes of the Land Use and Development Commission held at Chubbuck City Office, 5160
Yellowstone, October 4, 2005
Present: Chairman Pete Anderson; Commission Members: Rodney Burch, Michelle Christy,
Jason Mendenhall, Mary Harker, Lee Merrill, Shawna Elzner, City Staff. Steve Smart and Larry
Kohntopp; Attorney Tom Holmes and Secretary Myrna Crapo.
Chairman Anderson asked for approval of the minutes of regular meeting of September 6, 2005;
and study session of September 20, 2005; Jason Mendenhall moved to approve the minutes as
mailed, Mary Harker seconded; all voted in favor.
PUBLIC HEARING:
1. 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 Survey, 151 S. 2 "d presented the revisions on
this project.
He showed the changes that have been made. They now want to build 13 twin homes on 28 lots
( 2 lots being used for common open space). Density is now 30 instead of 31.
1. The right of way will be 50 ft. with all the roads being public.
2. They will put a 6 ft privacy fence along northern border of Victorian Village.
3. There will be a 22 ft setback next to the house.
4. They are proposing 26 houses
5. They want a variance for the front and rear setback requirements
Kent England, 4671 Annies Way, the survey that he took around to the neighbors in Rachel's
Rainbow was explained. All of the people were asked the same question.
The commission discussed the different in the staff report and the developers notes.
We have a petition with 118 names and a letter signed by 8 property owners, and a letter from
Daryl Burlin all in opposition.
The meeting was opened to public comment.
Blake Jones, 411 Chesapeake, he lives directly to the north of the project. The vehicles might
protrude into the road way with the set back the way that it is. Consistently of cities
recommendations for the surrounding properties. All the surrounding properties are R -1. This is
/'1 not consistent with the surrounding properties.
Land Use and Development Commission
October 4, 2005
Page 2
Verlyn Ashton, We need to look at the surrounding areas. As property owners they would like
to get together to discuss where the city is going to go in their plans for the area. They want to
do something in the long term picture to benefit both owners and city.
Services are an issue. We need to look at the big picture. Access road the opening is 457" not
50'. Maybe this isn't the right place to access the property. The changes are drastic. How many
times do we need to go through this.
Ken Smith, 5401 Whitaker he is afraid that any addition property for the road will come off their
property. The traffic levels are a concern. The citizens have already decided this is not a good
idea for this area. This is not a good fit and it should not be in this area.
Wendy Velman 5157 Whitaker, they don't have the 50' right of way on the back of their
property. How will that affect their property when they want the road to go all the way through.
She agrees with everything that has been said tonight. They need to get together with a common
goal for the future of the city.
David Rapp, 5095 Marie there are 26 of these areas along Whitaker Road where there are houses
in front and property in back. Are they going to have 26 more developments on the back of
Whitaker. He is opposed to the density. People brought to have land in back for different
reasons and now they are growing houses.
Darris Ellis, 912 Sawtooth, P.U.D. means developing a community not one little place to develop
the ground. We need to be consistent as a city in our planning for the future growth.
Dixie Ashton, 5369 Whitaker, it just doesn't fit. A few homes back there would be OK.
Eric Gardner, 625 Darris he is here with his Scout son for a merit badge. They choose Chubbuck
because it was a little more opened. He disagrees with this.
Verin Ashton, 5369 Whitaker, How do we calculate common space. Anything outside of the
foundation is outside of our common space. They would have three acres of foundations and one
acre of driveways and grass.
Robert Heuseveldt, The access road will be 45' at the front of the property. Driveway will be 20'
and is sufficient.
The commission discussed:
1. Entrance to the street - they are asking for an exception
2. No sidewalk on the south side.
/'N 3. The 50' easement in the back of the property for condemnation
4. The Commission serving to help our neighbors and friends
5. If this was infill
6. The history of P.U.D.
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October 4, 2005
Page 3
Jason Mendenhall moved to 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). Property is located
behind 5401 Whitaker; Michelle Christy, seconded. Roll call vote: Rodney Burch, yes; Michelle
Christy, yes; Jason Mendenhall, yes; Mary Harker, no; Shawna Elzner, no; Lee Merrill, yes; Pete
Anderson, yes.
2. An application by Elk Ridge Construction, 451 Elaine Circle, Inkom, Idaho, for a Preliminary
Plat for Anna Rose Estates. Property is located behind 5401 Whitaker.
Robert Heuseveldt, Rocky Mountain Engineering. He had already made his pitch.
Verlyn Ashton, 5369 Whitaker, up until 2 weeks ago they weren't contacted by the developer to
see if any additional land was available. They had a discussion; but agreed to disagree. They
wanted to know what concession we could give.
Kent England, 4671 Annies Avenue, they discussion was to agree to disagree. He can pull his
pickup in his garage, it is long enough. He feel it is a benefit to the area.
Wendy Velman, 5157 Whitaker Road, not one person in the area has stated that they have
received a letter asking if they were interested in selling their land.
The public hearing was closed and brought back to the commission.
Robert Heuseveldt, asked the commission if they would approve the Preliminary Plat even
thought they didn't approve the P.U.D.
Jason Mendenhall moved to recommend to the city council denial of the application by Elk
Ridge Construction, 451 Elaine Circle, Inkom, Idaho, for a Preliminary Plat for Anna Rose
Estates. Property is located behind 5401 Whitaker; Lee Merrill seconded. Roll call vote.
Rodney Burch, yes; Michelle Christy, yes; Jason Mendenhall, yes; Mary Harker, yes; Shawna
Elzner, no; Lee Merrill, yes; Pete Anderson, yes.
GENERAL BUSINESS:
3. Discussion on an ordinance amending 18.12.040(D) to clarify when a trash container must be
in a fenced area.
Steve Smart and Attorney Holmes explained why they were doing the change. The only
thing that is changed is the word residential. The word Residential has been added to the
ordinance to clarify it.
Mary Harker recommend we take section 18.12.040 (D) as amended including the word
"residential" in this section for public hearing. Jason Mendenhall seconded. All voted in favor
/'1 Land Use and Development Commission
October 4, 2005
Page 4
4. Clarification on motion regarding hammerhead made June 7, 2005.
The church buying the property doesn't want to allow access to their property through the
hammerhead. They want a letter from the city stating that.
We are going to leave the motion as it stands. Steve Smart will send them a letter letting them
know that they can come back to amend the motion if they want to.
Jason Mendenhall, Moved to adjourn at 8:55 pm. Mary Harker seconded
The commission will have a study session, October 8 at 7:00 pm. We will continue our
discussion of the set backs and lot sizes on R -1 a"2'
Chairman
Myrna C a , Secretary