HomeMy WebLinkAbout002.05.13City of Chubbuck
Land Use and Development Commission Meeting Minutes
February 5, 2013 - 7:00 p.m.
Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall,
5160 Yellowstone, February 5, 2013.
Chairman Peter Anderson: Commission Members: Rodney Burch, George Merrill, Jay Buttars, Morris
Kinghorn, James Eborn, Ron Horner, Bryan Nield. City Staff: Steve Smart, Paul Andrus, Sean Harris.
Attorney: Tom Holmes. Secretary: Ranelle Simmons
Chairman Anderson called the meeting to order at 7:00 p.m.
Horner led the commission in the Pledge of Allegiance.
APPROVAL OF THE MINUTES:
Anderson entertained a motion to approve the minutes as mailed. Eborn moved the minutes of January
2, 2013 meeting be approved as mailed; Merrill seconded. The full authority approved.
An application by Doug Briscoe, 553 Vern Road, Chubbuck, ID 83202 for Briscoe Subdivision 7th
Addition Preliminary Plat. Located on Whitaker Road between Martha Street and Taylor Avenue,
Chubbuck, ID 83202. NW % Section 2 Township 6 South, Range 34 East of the Boise Meridian in
the County of Bannock.
Rodney Burch, Dioptra, 4751 Afton Place Chubbuck, Idaho 83202, was in attendance to represent Doug
Briscoe.
Burch explained that this is a plat that was approved in the past but has expired. This is the fourth phase
of the project that connects from Cambridge Estates Subdivision to Briscoe Subdivision 6t" Addition with
37 lots.
Staff report states lots 9 & 10 in Block 9 do not meet the width to depth ratio for R2 zoning. The lots are
90' wide 187' deep which is greater than the allowable ratio of 2:1. The lots will need consideration from
the board. Staff is recommending that the development agreement for Briscoe Subdivision Additions 5
and 6 will need to be completed. The mail boxes will need to be moved to behind the sidewalk instead
of between the curb and the sidewalk. The 37 lots will more than likely be developed in phases because
of the economy.
Horner asked about the embankment along Hiline.
Burch explained that embankment handling in additions 5 and 6 will be addressed the same way in
addition 7.
Horner asked if addition 7 ties into the Northwest Sewer Interceptor.
Burch explained that homes built in addition 7 will sewer thru Cambridge Estates Subdivision to the lift
station by Ellis Elementary and take advantage of the new sewer lines.
Kinghorn asked about irrigation.
Burch stated that Fort Hall Irrigation is part of this development.
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No more questions from the commissioners.
Anderson asked for a staff report.
Harris informed the commissioners that the two issues are the 2 lots with width to depth ratio and the
completion of the Development Agreement. The only issue in the Development Agreement is the
placement of the mailboxes.
There were no questions for City staff.
Anderson opened the public hearing for public comment.
No public comment.
Anderson reminded the commission that this is a recommendation to City Council.
Kinghorn made a motion to recommend to the City Council approval of the Preliminary Plat for Briscoe
Subdivision Addition 7 with allowing the exceptions on lots 9 and 10 in block 9 and moving the
mailboxes to the concrete pads behind sidewalks. Obligations from the previous Development
Agreement from Addition 5 and 6 will fall to Addition 7.
Horner seconded.
Roll Call Vote: Merrill, Yes; Buttars, Yes; Kinghorn, Yes; Eborn, Yes; Horner, Yes; Nield, Yes; Anderson;
Yes. Motion carries. The recommendation will go to City Council on February 12, 2013.
2. An application by the City of Chubbuck, 5160 Yellowstone, Chubbuck, ID 83202 for a Conditional
Use Permit to construct a 60 foot SCADA antenna tower at well #3. Well #3 is located at 345
Lariat Lane, Chubbuck, ID 83202. This will be a free standing triangular metal lattice tower on
which a small antenna will be mounted for the City's SCADA communications.
Steve Smart represents the City of Chubbuck tonight.
Well # 3 is at the north end of Lariat Lane in Greener Pastures Subdivision.
For a number of years the Department of Environmental Quality has been critical with the City that we
did not control 50' of land away from the well head. Sanitary surveys by DEQ found horses in the
pasture too close to the well head. Negotiations with Mr. Jay Bunce began and the city now owns the
property
The City has replaced the radios because of continued trouble and the frequency is higher because of
FCC requirements. While the emergency generator is being constructed it is a good time to update the
SCADA tower. The tower proposed would be similar to the tower at Well 4 on West Chubbuck Road and
Well 5 on Hawthorne Road.
Anderson opened the public hearing for public comment.
Moises Maldonado, 5871 Eve Street, Chubbuck, ID is opposed. Well 3 is directly behind his home. He is
very concerned with whistling wind thru the tower. Does not want to sit on his back porch and listen to
the whistling. It will also be a sore sight. Why can't a 10' antenna be put on the existing power pole that
is there?
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Dan Baird, 5889 Eve Street, Chubbuck, ID is opposed. Has any other sites been considered?
No other public comment.
Public hearing closed brought back to city staff.
Smart explained that this antenna cannot be moved to another site because this is where the control
takes place in order to monitor the well. He acknowledged that the tower will be a visual impact on the
neighborhood and Smart is unsure if the whistling will occur.
Kinghorn asked if any complaints with whistling wind at well 4 or 5.
Smart does not know of any.
Burch had a concern that the ordinance states a communication tower can't be any closer to a home
than the height of the tower. Burch asked to look at the map again and see if there was a location where
a 60' tower could be placed and be 60' from Mr. Maldonado's home.
There is a location where the tower would be 64' away from the Maldonado home.
Eborn wanted to know if the tower company gave decimal of noise levels at any given wind speed.
Smart does not recall seeing any wind generating information.
Anderson reminded the board that Conditional Use Permits are the Land Use Commission's decision for
approval or denial.
No further discussion
Burch proposed that this Conditional Use Permit application be tabled until the noise level is addressed
by City staff with the possibility of alternatives to a metal tower. Nield seconded. Motion carries
GENERAL BUSINESS:
Discussion regarding the feasibility of reducing the lot size requirements for smaller single family homes.
Smart represented the City of Chubbuck.
Brookstone Estates Subdivision off of West Chubbuck Road, the developer, Rockwell Development,
submitted a master plan and they have platted an area for twin or zero lot line homes. Building code
regulates how the walls in the home can be built so there is separate ownership. The developer has
found that a detached home is very sellable. One of the first lots built in the zero lot line area was on a
cul -de -sac and it met the requirements for 60' lot width at the front yard setback. As the homes
continued to be built beyond the cul -de -sac the minimum footage requirements were not met and were
not noticed by the building department. There are several smaller single family homes that have been
built on substandard lots. This error was discovered because Rockwell Development is ready to move
ahead with Brookstone Estates Division 2 and during the Plan Review meeting they requested to
continue building single family homes on zero lot line lots.
Tom Holmes commented that there is a subdivision in Pocatello on Tech Farm road that has 50' wide
lots. If this is what is driving the market should the commission adopt the ordinance?
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Paul Johnson from Rockwell Development was in attendance and commented these homes are selling to
couples with no family yet and retirees that are down - sizing. Builders are able to get away from fire
walls and sound walls which are expensive to build. 82% of the homes sold in Bannock County were
under $200,000, 72% were under $150,000. In 2012 the average sell price was $146,000. There is a
$7,000 savings to the consumer if the lot is 50' wide rather than 60'.
Anderson asked what the smallest home size is in Brookstone Estates and what percentage of the lot
does the home occupy?
Johnson states 1200 sq feet without a garage and the home occupies approx 25% of the lot.
Buttars stated there could be a title insurance issue.
The commission discussed several issues, including how to address the permits and buildings on present
lots.
Holmes agrees the best way to go is with the waiver. Rezoning could be a headache.
Anderson summarized:
• The waiver for what has already been done and that waiver will be allowed on any other
subdivisions in the city that is currently platted but it has to be thru an application process.
• Start the process of looking at the R2 zoning and make the modifications that need to be made
to that zoning to allow future development.
• Modification to a zoning ordinance will need 2 public hearings, Land Use and City Council.
• For existing plats that have twin home designations, the waiver application will be the
developer's responsibility. A letter with a deadline to request a waiver to allow the developer to
construct on the zero lot line from the plat with a commission waiver.
Eborn asked if it was possible to have a designation between the R2 and R3. An "112a" may work in this
situation so it could be dissolved if not working out.
Time frame from Holmes:
• The waiver draft will be discussed in the March 5th Land Use meeting.
• Public Hearing at the Land Use meeting April 2 "d
• Public Hearing at the City Council meeting on April 23`d
Anderson entertained a motion to adjourn; Kinghorn made the motio"Tfnlcl. All voted to
adjourn at 8:55 p.m.
Petb Anderson, Chairman
L.
Ll
Ranelle Simmons, Secretary
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