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HomeMy WebLinkAbout005-1-07LAND USE AND DEVELOPMENT COMMISSION May 1, 2007 Minutes of the Land Use and Development Commission held at Chubbuck City Office, 5160 Yellowstone; May 1, 2007. Present: Chairman Pete Anderson; Commission Members: Shawna Elmer, Michelle Christy, Jason Mendenhall, Rodney Burch, Mary Harker, Gale Anderson; City Staff. Larry Kohntopp, and Steve Smart, Secretary Myrna Crapo Chairman Anderson asked if anyone on the commission had a conflict of interest. Shawna Elmer has a conflict of interest with item #4. Chairman Pete Anderson asked for approval of the minutes for the meeting of April 3, 2007 Jason Mendenhall moved to approve the minutes as mailed with Mary Harker seconding; all voted in favor. PUBLIC HEARING: 1. An application by Doug Briscoe/ Dioptra Geomatics, 325 Briscoe for an annexation and zone change to Limited Residential (R -2) for the Briscoe Estates Subdivision, 5' addition. The property is located North of the existing Briscoe Estates Subdivision. Property is presently zoned Agricultural (A). The requested zone change is to Limited Residential (R -2). Rodney Burch, Dioptra Geomatics, 4922 Yellowstone, Suite J. Rodney shows a map of the proposed project and explained what they wanted to do. The public hearing was opened for public comment for or against this application. There was none so the public hearing was closed and brought back to the commission for discussion. Commission discussed: 1. What the legal situation is and were told that the commission could proceed on this item. Jason Mendenhall moved to recommend to the city council approval of the annexation and zone change to Limited Residential for the Briscoe Estates Subdivision, 5` Addition. Property located North of the existing Briscoe Estates Subdivision. Property is presently zoned Agricultural and is to be re -zoned as Residential R -2. Shawna Elmer seconded the motion. Roll call vote: Jason Mendenhall, yes; Mary Harker, yes; Shawna Elmer, yes' Michelle Christy, yes; Gale Anderson, yes; Pete Anderson, yes. Land Use and Development Commission May 1, 2007 Page 2 2. An application by Dioptra, 4922 Yellowstone Ste J, Chubbuck, Idaho, for a Preliminary Plat for Briscoe Estates, 5 addition. Property is located between Hiline and Whitaker Road, Cambridge Estates & Briscoe 4t Addition. Rodney Burch, Dioptra Geomatics, 4922 Yellowstone Ste J., Chubbuck They are just North of Briscoe estates 4 addition. Sewer will gravity to the north. They have 66 proposed single family residential lots. No twin homes proposed in this subdivision. The park will be in the north end of the proposed subdivision. Everything is to city standards. They are using the property dedicated by Mr. Ellis for a park to line up with their park. The meeting was opened for public comment. Darris Ellis 4470 Wasatch. The park in Cambridge estates has not been dedicated to the city. The public hearing was closed and brought back to the commission for discussion. The Commission discussed: 1. Without that strip of land in Cambridge Estate for a park; the proposed park would be short about '/2 acre. Rodney Burch explained how they figured the amount of park. Briscoe estates has provided 1.81 acres. Shawna Elzner recommend to the City council that we approve the application by Dioptra for a preliminary Plat for Briscoe estates 5 addition. Property located between Hiline and Whitaker Road, Cambridge Estates and Briscoe 4th addition. Jason Mendenhall seconded. Roll call vote: Jason Mendenhall, yes; Mary Harker, yes; Shawna Elmer, yes; Michelle Christy, yes; Gale Anderson, yes; Pete Anderson, yes. Rodney Burch joined the commission at this point. 3. An application by Donald Ericson, 4665 Declaration Drive, Chubbuck, Idaho for a variance to the lot for exception to the side -yard setback being too close due to building inspection oversight. Property is zoned R -1, Single Family Residential. Lida Ericson, 4665 Declaration Drive they were one of the first ones in the subdivision. When the neighbor built a fence next door they realized that they only have 20 ". Land Use and Development Commission May 1, 2007 Page 3 City staff: The lot is triangular shape. The city made an error in this particular case. The house sits at an angle. The meeting was opened for public comment. There was none so the public hearing was closed and brought back to the commission for discussion. The commission discussed: 1. The variance stays with the Land Use Commission. Rodney Burch moved to approve the application by Donald Erickson, 4665 Declaration Drive in Chubbuck for a variance to the lot lines exception to the 5 yard setback being to close to the building. Gale Anderson seconded. Roll call vote: Jason Mendenhall, yes; Rodney Burch, yes; Mary Harker, yes; Shawna Elzner, yes; Michelle Christy, yes; Gale Anderson, yes; Pete Anderson, yes. Shawna Elzner stepped down for this item. 4. An application by Western Design, P.O. Box 5310, Chubbuck, Idaho, for a Preliminary Plat for Ledgestone B. Property is located at 207 E. Chubbuck Road Joel Dixon, Rocky Mountain Engineering and Survey, 2043 East Center, showed a drawing of the project and explained what they wanted to do. It is zoned C2 and will be constructed in 3 division. The building will be one story with basement being used as storage. This phase will have 50 parking places The meeting was opened for public comment for or against. There was none so the hearing was closed and brought back to the commission for discussion. Jason Mendenhall moved to recommend to the City Council approval of the application by Western Design, P.O. Box 5310, Chubbuck, Idaho, for a Preliminary Plat for Ledgestone B. Property located at 207 E. Chubbuck Road. Mary Harker seconded. Roll call vote: Jason Mendenhall, yes; Rodney Burch, yes; Mary Harker, yes; Michelle Christy, yes; Gale Anderson, yes; Pete Anderson, yes. 5. An ordinance by the City of Chubbuck amending section 9.32.010 to revise those activities to which the section does not apply; amending section 16.16.020 to revise the hours for operation of construction activities and providing for the City Engineer to grant an exception to the hours if necessary to minimize traffic or other interference. Steve Smart, Public Works Director, informed the commission that Idaho Transportation Department, asked for clearance that would allow them to work at night. This summer they will mill out the paving and put in a special lane marker. Land Use and Development May 1, 2007 Page 4 The meeting was opened for public comment, there was none. Rodney Burch moved to recommend to the city council approval of the ordinance by the City of Chubbuck amending section 9.32.010 to revise those activities to which the section does not apply; to amend section 16.16.020 to revise the hours of operation. Mary Harker seconded Roll call vote: Jason Mendenhall, yes; Rodney Burch, yes; Mary Harker, yes; Shawna Elzner, yes; Michelle Christy, yes; Gale Anderson, yes; Pete Anderson, yes. 6. An ordinance by the City of Chubbuck adding section 16.23.230 to the Chubbuck Municipal Code to require all developments to install a secondary pressure irrigation system if there are Agricultural water rights associated with the land being developed, setting standard for such systems; providing such systems may be dedicated to the city and, upon acceptance, shall be a utility maintained by the city. Steve Smart, Public Works Director, the Department of Water Resources was to send out letter this Monday warning water right holders that water rights will probable be limited because of demands from Senior water right users. We have a good stable supply of water that can be used for irrigation from Ft. Hall water project. We need to develop this source of water to supplement our culinary supply. We have established design standards for this system. He would recommend that we approve this and pass it along to the city council for its action. Along the way we will have to make adjustments to the ordinance. The commission discussed: 1. It is not retroactive 2. The city using it in the park system. 3. Is this going to be a burden to the developers The meeting was opened for public comment: Gene Pickens, 5333 Hawthorne Road, he is in favor of the system. He recommends that we do this. Jeremy Briscoe 5137 Kymball, he can see the need for it. He is concerned that the developers are doing an awful lot for the city now. He doesn't think it should be a developers responsibility. He thinks that the city should take it on and doesn't think a developer should have to pay for something that benefit the City. Land Use and Development Commission May 1, 2007 Page 5 Verlyn Ashton 5369 Whitaker, He is concerned with the cost. He wonder where it will end. There needs to be a balance. Joel Dixon, Rocky Mountain Engineering and Surveying, he is all for this. The cost is not cheap and he is concerned with that. The systems will work and last for a long time. The irrigation can make or break it. He thinks it should be like a PUD the land that has the water rights. Maybe they could get a density bonus. What can we do for them and make it possible. The cost could be $20,000 for a system for 50 acres. The public hearing was closed and brought back to the commission for a discussion. The commission then discussed: 1. It would be very expensive 2. It getting pushed off to the developers 3. It is where the water is available. 4. It will be several hundreds of dollars added on to a home. Gene Pickens, they irrigate 40 acres under pressure and they pay $100.00 a year. That is cheap water. Shawna Elmer moved to recommend that we deny the application for an ordinance for the City of Chubbuck adding section 16.23.230 to the Chubbuck Municipal Code to require all developments to install a secondary pressure irrigation system if there are Agricultural water rights associated with the land being developed, setting standard for such systems; providing such systems may be dedicated to the city and, upon acceptance, shall be a utility maintained by the City. The motion dies for lack of a second. Rodney Burch moved to recommend approval to the city council of proposed ordinance 16.23.230 to require developments to install a secondary pressure irrigation system where agricultural water rights exist and set the standard for such system and provide such systems to be dedicated to the City and shall be maintained as a city utility. Jason Mendenhall seconded. Roll call vote: Jason Mendenhall, yes; Rodney Burch, yes; Mary Harker, yes; Shawna Elmer, no; Michelle Christy, yes; Gale Anderson, no; Pete Anderson, yes. GENERAL BUSINESS: 7. Discussion on lighting ordinance for the City of Chubbuck Land Use and Development Commission May 1, 2007 Page 6 Kent Kearns, addressed the commission and introduced the people he had invited to present information to the commission. He would like us to look at general control on trespass on light off of their property onto property that they don't own. Mark Edward, 1635 City Creek, Pocatello, teaches at Pocatello High School, he is a astronomy teacher. He is in favor of a lighting ordinance. Norman Reese, 4854 Joy, he is an astronomer, He is in favor of a lighting ordinance. He would like a shield over the city lights. It would help save the cost of the lights. Sgt. Robert Butterfield, Police Department, The use of light is recommended as a form of crime deterrent. The nighttime hours are when most crimes are happening. Eric King, Fire Department, they carry their own lighting when they respond to fires. If working on medical patient in the street there may not be enough light. Rick Stause, 538 Dell Road, State police officer. He agreed with Officer Butterfield. Communities can be safer by doing certain things. Lighting is one of them. Ground lighting the more is better. He does what he can to secure his family and has a lot of lights. Gene Pickens, 5332 Hawthorne Road, he has a flag pole on his property that is lite. He will not take it down. He has lost equipment that he has stored on his property. Our safety is more important. Andy Akers, D & S Electrical Supply, P.O. Box 2502, he has worked with other cities on dark skies and offered his assistance. He is in favor of it. Kent Kearns, we need to bring the light down where it ngedtj be. Mary Harker moved to adjourns at 9:30 pm. Jason Anderson, Chairman