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Home My WebLink About010-3-06n LAND USE AND DEVELOPMENT COMMISSION October 3, 2006 Minutes of the Land Use and Development Commission held at Chubbuck City Office, 5160 Yellowstone; October 3, 2006. Present: Chairman Pete Anderson Commission Members: Mary Harker, Michelle Christy, DeLoy Stuart, Shawna Elmer, Gale Anderson, Rodney Burch, Jason Mendenhall ; Attorney: Tom Holmes; City Staff. Steve Smart and Larry Kohntopp; and Secretary Myrna Crapo. Chairman Pete Anderson asked for approval of the minutes of the meeting of September 5, 2006; Jason Mendenhall moved to approve the minutes as mailed. Gale Anderson seconded; all voted in favor. PUBLIC HEARING: l .An application by Darris Ellis, 922 Sawtooth, Chubbuck, Idaho for a Conditional Use Permit to build twin homes at 4654 Galena. Property is presently zoned Planned Unit Development Residential. Jason Mendenhall moved to table item #I until such time as Darris Ellis or a representative can show up. Shawna Elmer seconded, all voted in favor. 2. An Application by Darris Ellis, 922 Sawtooth, Chubbuck, Idaho for a designated geographic area for 4654 Galena. Property is presently zoned Planned Unit Development Residential. Jason Mendenhall moved to table this item until such time as Darris Ellis or a representative shows up. Mary Harker, seconded. All voted in favor. 3. An application by Dan Bull, 3408 West Portneuf Road, Pocatello, Idaho for a Preliminary Plat for Homestead Estates Division 2. Property located at end of Homestead Road. Brian Flynn, Rocky Mountain Engineering and survey, 155 S. 2' we are doing a extension of the subdivision and have 28 additional lots. It is the same as the previous plat. The meeting was opened for public comment for or against. There was none. The public hearing was closed and brought back to the commission for discussion and action. The commission discussed: 1. If the bridge will be built during this phase 2. The construction drawings having been submitted and are being reviewed DeLoy Stuart moved to recommend to the city council the approval of the application by Dan Bull, 3408 West Portneuf Road, Pocatello, Idaho for a Preliminary Plat for Homestead Estates . Division 2; Michelle Christy, seconded. The motion was amended to make sure that the bridge going across to Canal Street is included in the plat. Michelle Christy accepted the amendment. . Land Use and Development October 3, 2006 Page 2 Roll call vote: DeLoy Stuart, yes; Rodney Burch, yes; Mary Harker, yes; Michelle Christy, yes; Shawna Elmer, yes; Jason Mendenhall, yes; Gale Anderson, yes; Pete Anderson, yes. Darris Ellis came into the meeting and so item #1 was opened 1.An application by Darris Ellis, 922 Sawtooth, Chubbuck, Idaho for a Conditional Use Permit to build twin homes at 4654 Galena. Property is presently zoned Planned Unit Development Residential. Darris Ellis, 4470 Wasatch, the lot is a 92 foot lot next to the park. Twin homes from phase four are next to this lot. He is trying to get it to fit into the houses around it. It fits better with the neighborhood being a twin homes. If he puts a single family dwelling he will get less money for it. The meeting was opened for public comment. Thane Smedley, 13120 N. Moonglow he likes the idea and think that it fits in. He owns 952 and 962 Sawtooth. He is in support of the motion. Ann Pierce 4685 Galena she doesn't want it in the area because it faces the same way as their house from across the street. The public hearing was closed. It was brought back to the commission for discussion: 1. It wasn't designated on a preliminary plat. 2. It should be single family because of the other homes there 3. The other homes in the area 4. How close this is to the 10% to the geographic area - they could have three more twin homes. Gale Anderson recommend to approval the application by Darris Ellis, 922 Sawtooth, Chubbuck, Idaho for a Conditional Use Permit to build twin homes at 4654 Galena. Property is presently zoned Planned Unit Development Residential. Mary Harker seconded. Roll call vote: DeLoy Stuart, no; Rodney Burch, no; Mary Harker, yes; Michelle Christy, no; Shawna Elmer, no; Jason Mendenhall, no; Gale Anderson, yes; Pete Anderson, no. The motion was defeated. Rodney Burch moved to deny the Conditional Use Permit application by Darris Ellis, 992 Sawtooth for twin homes to be built at 4654 Galena. Shawna Elmer, 2T' Roll call vote: DeLoy Stuart, yes; Rodney Burch, yes; Mary Harker, yes; Michelle Christy, yes; Shawna Elmer, yes; Jason Mendenhall, yes; Gale Anderson, no; Pete Anderson, yes. This decision was based on people across the street knowing these should be single family dwellings when they bought their home. Land Use And Development Commission October 10, 2006 Page 3 2. An Application by Darris Ellis, 922 Sawtooth, Chubbuck, Idaho for a designated geographic area for 4654 Galena. Property is presently zoned Planned Unit Development Residential. The item was moved back to the table after Mr. Ellis showed up. Darris Ellis, asked to have the geographic area approved. It is a beautiful subdivision and most people really like it. The meeting was opened for public comment. There was no public comment so it was closed and brought back to the commission. The commission discussed: 1. It encompass up to phase 6 2. There is already a geographic area indicated in this development Deloy Stuart moved to approve an application by Darris Ellis 922 Sawtooth, Chubbuck, Idaho for designated geographic area to include phases 1 -6; this property is presently zoned P.U.D. Gale Anderson seconded. Roll call vote. DeLoy Stuart, yes; Rodney Burch, no; Mary Harker, yes; Michelle Christy, no; Shawna Elmer, yes; Jason Mendenhall, no; Gale Anderson, yes; Pete Anderson, no. It was a tie vote. The commission discussed: The two votes are contradictory to each other on item 1 and 2. Chairman Anderson asked if any commission member was willing to change their vote. Shawna Elmer changed her vote to no, making the motion defeated. 4. An application by the City of Chubbuck to adopt section 18.06.200 definition for residential rental dwelling; amending section 18.08.040, schedule of general controls as to Residential use. The commission discussed: 1. There are no grandfather rights in Chubbuck. Staff: Steve Smart: This began as a though from staff that maybe in some area of the city presently zoned R -1 that multifamily unit might be allowed as a basement apartment. It tends to happen in older neighborhood. / The commission discussed: 1. It created a process where we can address it. 2. The enforcement issue 3. People having to do it with a conditional use permit Land Use and Development Commission October 3, 2006 Page 4 The public hearing was opened. There were no comments so the public hearing was closed and brought back to the commission. Commission discussed: 1. The enforcement issue 2. Having them come to the Land Use Commission when they can't get all the signatures of residents within 300 feet. 3. Being able to address complaints DeLoy Stuart moved to recommend to the city council approval of the application by the city of Chubbuck to adopt section 18.06.200 definition for residential rental dwelling; amending section 18.08.040, schedule of general controls as to Residential use. Jason Mendenhall seconded. Roll call vote: DeLoy Stuart, yes; Rodney Burch, yes; Mary Harker, yes; Michelle Christy, yes; Shawna Elzner, yes; Jason Mendenhall, yes; Gale Anderson, yes; Pete Anderson, yes. 5. An application by Roy Miller, et al - Sunset West Subdivision for annexation and zoning change to Limited Residential R -1). The property is located at the Northwest corner of Philbin Road and West Chubbuck Road. This items will no be heard tonight. Jason Mendenhall moved to adjourn; Mary Harkdr �e4b4dekl aA8:00 pm Chairman ENV