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HomeMy WebLinkAbout001-2-07LAND USE AND DEVELOPMENT COMMISSION January 2, 2007 Minutes of the Land Use and Development Commission held at Chubbuck City Office, 5160 Yellowstone; January 2, 2007. Present: Chairman Pete Anderson; Commission Members: Mary Harker, Michelle Christy, Jason Mendenhall, Deloy Stuart, Shawna Elmer, Rodney Burch, Morris Kinghorn, Gayle Anderson; Attorney: Tom Holmes; City Staff. Steve Smart, Larry Kohntopp, Sean Harris; and Secretary Myrna Crapo. Chairman Anderson asked if anyone on the commission had a conflict of interest; there was none. Chairman Pete Anderson asked for approval of the minutes of the meeting of November 1, 2006. Morris Kinghorn stated that his name had been left off of those in attendance. Jason Mendenhall moved to approve the minutes as corrected. Gayle Anderson seconded; all voted in favor. PUBLIC HEARING: 1. An application by Gary Chisum, 4856 Hawthorne Road, Chubbuck, Idaho for a Change of Land Use District from Limited Family Residential (R -2) to Infill P.U.D. (Planned Unit Development). Property is located behind 4856 Hawthorne. Joel Dixon, Rocky Mountain Engineering Survey, 2043 E. Center, it contains 3. 7 acres of Neider Subdivision. They are asking for 6 additional homes. The Road will come off of Hawthorne. They will have a privacy fences and it will be a gated community. The homes would be single story with 3 car garages. There would be no basements and no 2 " floors. Commission Discussed: 1. All units are single family 2. A gated community The meeting was opened for public comment. Wayne Roderick, 4920 Hawthorne, the area was plated 50 years ago and developed as ranchetes. This development is not compatible with surrounding area. They will have a conflict to start with as the houses are only 16' from a home that has livestock. The Chubbuck City Ordinance requires 50' between livestock and a house. They want to preserve the integrity of the subdivision. It does not meet the requirement of infill for city code; and the 50' livestock requirement. Carolyn Roderick, 4920 Hawthorne, this subdivision is probably the V subdivision in Chubbuck. They were designated as ranchetes. Lois McCarthy, 4920 Hawthorne, it will devaluate her property. She has had two offers both el*N with the idea of ranchetes. They wanted to have horses. She is opposed to this. Dorothy Ward, 4930 Hawthorne she has lived there over 50 years. She agrees with Mr. Roberick and would like us to consider the time they have lived there and their wants and desires. Land Use and Development January 2, 2007 Page 2 Lonna Gertner, 5014 Hawthorne, saleable acreage's are decreasing. She would like to see it at as a 1 house per acres with no roads going north. They need to maintain the value of their places. Lucille Moore, 4950 Hawthorne they bought their home because it was a Ranchette with one acre of ground. They don't have livestock. They support Mr. Roderick concerns for this development. Wally Smith, 4836 Hawthorne, his concerns are if this is a commercial endeavor are they going to have to widen Hawthorne Road. It is getting more difficult to get on to the street. Water rights; how will he get them; will they come under the road. Is he going to be allowed to have a horse? He has lived there 8 years. The fence between the property is a concern because horses will tear up that plastic fence. He is concerned about the amount of animals he can have. He is concerned about the road width and who will maintain the road. The city is moving in on the ranchet neighborhood. Snow removal is a problem. Their parking lot will up traffic flow; he is concerned about getting in and out of his driveway. David Mclelland, 4827 Hawthorne Road they are concerned that it will become a modular home area. He would like to know what the square foot of the lots would be, and if there will be individual utilities for each lot. How are they are going to handling the exit and entrance into Hawthorne. The public hearing was closed and brought back to the Commission. Mitch Greer, Rocky Mountain Engineering Surveying, this development is in down town Chubbuck. He has tried to market it as ranchetes but couldn't sell it. The neighbors will be allowed to have their horses. It is an R -2 zone right now. The homes will have 2,000 sq foot, with 3 car garages. It is not not intended for a starter market; but is a retirement type development. It is neighborhood sensitive as far as the development goes. Attorney Tom Holmes: Discussed the 50' problem. Our ordinance doesn't allow for animal corrals to be closer than 50' to a residence. The commission discussed: 1. Zone change can be conditional with approval of the plat Rodney Burch moved to recommend to the city council that we approve the application by Gary Chisum, for change in Land Use District from Limited Family Residential to infill P.U.D. for the property located at and behind 4856 Hawthorne Road. Jason Mendenhall seconded. Roll call vote: Rodney Burch, yes; Deloy Stuart, yes; Jason Mendenhall, yes; Mary Harker, yes; Shawna Elzner, yes; Michelle Christy; Morris Kinghorn, yes; Gayle Anderson, no; Pete Anderson, yes. 2. An application by Gary Chisum, 4856 Hawthorne Road, Chubbuck, Idaho for a Preliminary Plat for Chisum Trails. Property located at 4856 Hawthorne. Land Use and Development Commission January 2, 2007 Page 3 Mitch Greer, concerning the setback he believes that the P.U.D. ordinance allows some changes in design. The buffer could be handled with the give and take of a P. U. D. A 50' buffer on each side would take away from the character of the development. The public hearing was opened: Wayne Roderick a 50' limit is a practical thing. Horses poop and it makes flies. The pressure will be on when the people in the new homes have a Bar -B -Que and don't like the smell. It will constitute a taking. The public hearing was closed and brought back to the commission for discussion. The commission discussed: 1. Issue with the 50' setback. We need to put it back to the developer and have them bring back a recommendation on how they will handle the 50' issue. We could table it until the next month's meeting. 2. Have them put a note on the final plat to notify the potential owners of the problem with animals. Wally Smith, 4836 Hawthorne, is concerned with human interference with his animals. He doesn't like kids giving them hay and hitting them with a stick. He doesn't care if they want to put up a fancy wall. Chairman Anderson asked Mitch Greer how critical the time frame is on this project. Mitch Greer: They would like to get started in the spring. We need to give the city attorney some time to research the ordinance and give an recommendation on the animal ordinance. Attorney Holmes told the commission he could have an opinion by January 15`''. Steve Smart recommended that we not advertize the P.U.D. for the 23' council meeting but that we keep these two issues together. Jason Mendenhall moved that item #2 be tabled until our February meeting so that the city attorney can provide us with a legal opinion concerning the ordinance on the 50; and have it to us by the 15 of this month. Mary Harker seconded All voted in favor. We will have the city attorney's opinion available at the clerk's office. 3. An application by Roy Miller, et al. 6034 Fruitwood Lane, Pocatello, Idaho - for annexation and Zoning change to Single Family Residential (R -1) for the Sunset West Subdivision phases 6, 7, & 8. The property is located North of the existing subdivision Sunset West, and west of Philbin Road. Land Use and Development Commission January 2, 2007 Page 4 Owen Campion, (Rocky Mountain Engineering Survey) 2043 E. Center, it is for 29 acres of land north of sunset west and west of division 1 and 2. This is part of the master plan. The meeting was opened for public comment for and against. There was none so the public hearing was closed and brought back to the commission. Deloy Stuart moved to recommend to the city council approval of the application by Roy Miller, 6034 Fruitwood Lane, Pocatello, Idaho for annexation and zoning change to Single Family Residential (R -1) for the Sunset West Subdivision phases 6, 7, and 8. The property is located North of the existing subdivision Sunset West, and west of Philbin Road. Morris Kinghorn seconded. Roll call vote: Rodney Burch, yes; Deloy Stuart, yes; Jason Mendenhall, yes; Mary Harker, yes; Shawna Elzner, yes; Michelle Christy, yes; Morris Kinghorn, yes; Gayle Anderson, yes; Pete Anderson, yes. 4. An application by Miller Properties, L. L. C., 6034 Fruitwood, Pocatello, Idaho for a Preliminary Plat for Sunset West Division 6, 7, and 8. Property located north of Sunset West, Division 1 and 2. Mr. Owen Campion, Rocky Mountain Engineering Surveying. They are proposing a preliminary plan. Commission asked: 1. The purpose of the common way in lot 1. 2. When the previous phases were developed the park area was specified to come under home owners association until the city annexed it. The meeting was opened for public comment; there was none so the public hearing was closed and brought back to the commission for discussion. Mary Harker moved to recommend to the city council approval of the Miller property L. L. C., 6034 Fruitland Lane, Pocatello, Idaho, for a preliminary plat for Sunset West Subdivision #6 to be further divided at the final approval of the final plat. Property located north of the sunset west division 1 & 2 and that the common area now indicated on this plat be eliminated for purposes of activity. It will be divided into three divisions. Michelle Christy seconded. Roll Call vote: Rodney Burch, yes; Deloy Stuart, yes; Jason Mendenhall, yes; Mary Harker, yes; Shawna Elzner, yes; Michelle Christy, yes; Morris Kinghorn, yes; Gayle Anderson, yes; Pete Anderson, yes. 5. An Application by Gary Ratliff, 3960 S. 2 " Pocatello, Idaho -for a change of land use district to Industrial (I). The property is presently zoned (R -4), Dense Residential. The property is located at approximately 4964 Burley Drive. No one was at the meeting to represent Mr. Ratliff. Morris Kinghorn moved to table this item until next month. Shawna Elzner seconded. All voted in favor. Land Use and Development Commission January 2, 2007 Page 5 6. An application by P1anNet, P.O. Box 4964, Pocatello, Idaho for a change of land use district to Limited Commercial (C -1). The property is presently zoned Residential P.U.D. (Planned Unit Development). The property is located at 550 E. Chubbuck Road. No one was in attendance to represent P1anNet. Jason Mendenhall moved to table this item until next month since no was here to represent them. Morris Kinghorn seconded. All voted in favor. 7. An application by the Church of Jesus Christ of Latter -Day Saints, 1133 Call Creek Place, Pocatello, Idaho for a conditional use to build a church at 5000 block of Philbin Road in the proposed Sunset West Subdivision, 6' addition. Requested Land Use District for proposed subdivision is Limited Residential (R -1) Hal Jensen, 1133 Call Creek Place, represented Terry Bradshaw. They have alined the parking approached with the street directly to the north on Ainslee Drive. They will have a 6' fence on the west side and south side bordering the initial properties. It will be a new stake center. This building is currently scheduled for 2007 if the budget is approved. The meeting was opened for public comment. There was no comment so public hearing was closed and brought back to the commission. Jason Mendenhall moved that we approve the conditional use permit for the Church of Jesus Christ of Latter Day Saints at 1133 Call Creek Place for a conditional use to build a church at 5000 block of Philbin Road in the proposed Sunset West Subdivision, with the following conditions 1. Approval is conditional on the city council approving the annexation and preliminary plat for the Sunset West Subdivision. 2. If the preliminary plat or any change takes place before this is built that it is required to come back to the commission. 3. If the common area south of the church gets resolved by the developer and the church; the church will not need to come back to the commission for the Conditional Use Permit. Gayle Anderson, seconded.. Roll call vote: Rodney Burch, yes; Deloy Stuart, yes; Jason Mendenhall, yes; Mary Harker, yes; Shawna Elmer, yes; Michelle Christy, yes; Morris Kinghorn, yes; Gayle Anderson, yes; Pete Anderson, yes. Gale Anderson moved to adjourn 9:05 pm; with Jas Myrna , Secretary