HomeMy WebLinkAbout004.02.13City of Chubbuck
Land Use and Development Commission Meeting Minutes
April 2, 2013 - 7:00 p.m.
Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall,
5160 Yellowstone, on April 2, 2013.
Chairman Peter Anderson: Commission Members: George Merrill, Jay Buttars, Morris Kinghorn, Ron
Horner, Jason Mendenhall, 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 pm.
Jay Buttars led the commission in the Pledge of Allegiance.
APPROVAL OF THE MINUTES:
Anderson entertained a motion to approve the minutes as mailed. Mendenhall moved the minutes of
March 5, 2013 meeting be approved as mailed; Kinghorn seconded. The full authority approved.
PUBLIC HEARING
1. An application by Rockwell Development, 3539 Briar Creek Lane, Ammon, ID 83406 for
Brookstone Estates Division 2 Preliminary Plat. Located Cobblestone Avenue and Stoneridge
Street, Chubbuck, ID 83202. SE % of the SW % Section 36, Township 6 South, Range 34 East of
the Boise Meridian in the County of Bannock.
Mitch Greer with Rocky Mountain Engineering and Survey, 2043 East Center Street, Pocatello, ID 83201
is representing Rockwell Development. This plat was approved 4 years ago before the market collapsed.
Because of the economy the plat was not developed at that time and is back for approval with 12 lots.
Stoneridge Street's name will need to be changed because in the interim the name has been issued to
another street. All but a few lots in Division 1 has been sold.
Anderson asked if there were any questions from the commission. No questions
City staff had no comments.
Anderson opened the Public Hearing. No comments from the public.
Anderson closed the Public Hearing bringing the meeting back to the commission for a decision. This is a
recommendation to the city council.
Anderson entertained a motion of recommendation to approve or not approve to the City Council. Nield
made a motion to recommend approval to the City Council for the Rockwell Development Brookstone
Estates Division 1 Preliminary Plat with the name change for Stoneridge Street. Mendenhall seconded.
Roll Call Vote: Merrill, Yes; Buttars, Yes; Kinghorn, Yes; Horner, Yes; Mendenhall, Yes; Nield, Yes;
Anderson; Yes. Motion carries. The recommendation will go to City Council on April 9, 2013.
2. 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.
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Rodney Burch, Dioptra, 4741 Suite B Afton Place, Chubbuck, ID 83202 is representing Doug Briscoe. The
application today is an amendment to what the commission approved 2 months ago. The developer has
reduced the number of lots by 2 by increasing the width of 6 lots. There is now a lot on the west end of
this addition next to the park. The previous plat was approved by both Land Use and City Council. The
utilities and the road system are the same.
Anderson asked if there were questions from the commission. No questions or comments.
No comments from City Staff.
Anderson opened the Public Hearing for public comment. No comments
Public Hearing was closed bringing the meeting back to the commission for a decision. This is a
recommendation to the City Council.
Anderson entertained a motion of recommendation to approve or not approve to the City Council.
Kinghorn made a motion to approve and recommend to the City Council the change to Briscoe
Subdivision 7th Addition Preliminary Plat. Buttars seconded
Roll Call Vote: Merrill, Yes; Buttars, Yes; Kinghorn, Yes; Horner, Yes; Mendenhall, Yes; Nield, Yes;
Anderson; Yes. Motion carries. The recommendation will go to City Council on April 9, 2013.
3. An application by RaLene Chacon, Route 2 Box 170 -C, Pocatello, ID 83202 for a Conditional Use
Permit for a Daycare Center located at 541 Canal Street, Chubbuck, ID 83202.
RaLene Chacon was present to represent her application for a Conditional Use Permit. RaLene is the
owner of the home at 541 Canal Street, Chubbuck, ID 83202. She would like to open a higher quality
infant daycare center. There are 6 parking spaces on the west side of the home. Her daughter has an
infant care degree, RaLene has a bookkeeping degree. They would like to get certified so they can each
have 4 children. RaLene also tends her 8 grandchildren. The home will not be changed in any way.
Kinghorn asked for age limit. RaLene explained they will accept newborns to 24 months old.
Anderson asked if anyone occupies the home. Only time the home will have occupants is during
business hours, no week -ends or holidays.
RaLene explained that the fire and building inspectors have been to the home and it passed the
inspection.
Holmes stated the commission can put restrictions on the Conditional Use Permit.
Anderson asked for City staff comments.
Andrus stated because there is not an occupant living in the home this will be a Day Care Center and
needs a Conditional Use Permit. If there were an occupant in the home it would be handled differently
with a limit of 12 children and they would get signatures from the neighbors agreeing to the home
daycare. If the neighbors won't sign they would have to appear before the Land Use Commission for a
Conditional Use Permit.
No questions for City staff.
Anderson opened the Public Hearing for public comment.
Sasha Elder lives at 553 Canal Street, Chubbuck, ID 83202. Sasha lives to the west of 541 Canal Street.
Concerns:
• Liability
• Need to fence their front yard for safety
• Property value
• Traffic and safety issues
• Double parked cars
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• Time of day the children will be dropped off is the busiest traffic flow on Canal Street.
George Chacon lives at Route 2, Box 170 -C, Pocatello, ID 83202.
• The Conditional Use Permit is for babies not children
• Rental houses have to be fixed up because of the renters
• Grandkids will not be in the street or going into other houses backyards
• 6 parking spaces to the side and the parking in front should be adequate
Cecilia Farnes lives at 558 Canal Street, Chubbuck, ID 83202. Cecelia Lives across the street from 541
Canal Street.
Concerns:
• Commercial business being in a residential area
• Value of homes in the area will go down
• Existing driveway cannot hold 6 cars
Holmes commented that the building and fire officials have done a preliminary inspection and have
determined they could accommodate up to 40 children at the 35 square feet per child.
Becky Hunter lives at 522 Canal Street, Chubbuck, ID 83202, located 2 homes down and across the street
from 541 Canal Street.
Concerns:
• High School and Jr. High bus stop at the corner
• Foot traffic with children walking to school
• The neighborhood would not have supplied the number of signatures required to open a day
care
• Other commercial businesses being allowed in the area
• Monitoring the number of children at the day care
Barb Lyle lives at 546 Canal Street, Chubbuck, ID 83202.
Concerns:
• Getting out of her driveway in the morning can take 5 to 10 minutes now
Michelle Page lives at 195 Jacob, Chubbuck, ID 83202.
Michelle has a day care in her home.
• When she started her daycare in the same R -2 zoning as 541 Canal Street. Larry Kohntopp, the
city planner then, informed her that she had to live in her home in order to open a daycare.
• She had to count her own children as the total number of children allowed in her home.
• She couldn't find in the city code where it is allowed to have a commercial daycare in a
residential, R -2 zoning.
Danny Elder lives at 553 Canal Street, Chubbuck, ID 83202. Danny's home is 1 home to the west of 541
Canal Street.
Concerns:
• Monitoring the number of children in the home
• Protect his property
• Moved into a residential area not a commercial
• Agree with the traffic concerns that have already been mentioned
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Chris Seckel lives at 529 Canal Street, Chubbuck, ID 83202, located next door to the east of 541 canal
Street.
Concerns:
• Parking
• Agree with all the other concerns that have been mentioned
• Concerned with his backyard and the dog he has in his backyard with only a 4' chain link fence
Richard Jungenberg lives at 570 Canal Street, Chubbuck, ID 83202.
Concerns:
• Kids getting hit by cars
• Already a very busy street
• Signage
• Avoid any of these problems by not letting this happen. Keep our neighborhood quiet
Mary Elder lives at 5707 Moses, Chubbuck, ID 83202. Mary's son and daughter -in -law live on Canal.
Concerns:
• Very busy traffic on Canal
• Buying a home in residential should stay residential not commercial
Glen Hillyer lives at 565 Canal Street, Chubbuck, ID 83202. Glen lives 2 doors down from 541 Canal
Street.
Concerns:
• Trying to turn cars around on Canal is difficult now
Richard Day lives at 582 Canal Street, Chubbuck, ID 83202. Richard has lived on Canal Street for 30 years.
Concerns:
• Not wanting to live in a commercial area
• Between 5pm and 8pm it is hard to see because of the sun setting
Colleen Wood lives at 510 Canal Street, Chubbuck, ID 83202. Colleen has lived in her home for 30 years.
Concerns:
• She backs her car into the garage rather than try to back out on to Canal Street
• Very much disagree with the daycare
Anderson read into record the letters from Katie Johnson, Misty Ralphs and Rachel Gardiner.
Katie Johnson lives at 534 Canal Street, Chubbuck, ID 83202.
Concerns:
• Property value
• Traffic
• Noise
• Against the day care on Canal Street because it is not the right area
Rachel Gardiner lives at 577 Canal Street, Chubbuck, ID 83202.
Concerns:
• Very opposed
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• Traffic
• Noise level
• Resale
• Keep the area residential
Misty Ralphs lives at 613 Canal Street, Chubbuck ID 83202.
Concerns:
• Specifically avoided buying a home on a busy street
• Keep residential not commercial
• Property value
• Parking
George Lyle lives at 546 Canal, Chubbuck, ID 83202.
Concerns:
• Fence is closer to the edge of the home than they are showing on the drawing
• Very limited parking on Canal Street
Anderson allowed the applicant to address any concerns.
RaLene Chacon addressed the parking. With no garage it gives the home 6 parking places. RaLene feels
she followed all of the guidelines that the City of Chubbuck has asked her too including paying $340.00.
Her daughter used to live in this home for 1 %: years and did not have trouble with the traffic. Quality
infant care with a home environment is the goal not a commercial facility. License is required and
inspections will be done so the number of children cannot go up. If this home was used as a rental there
would be more cars trying to park in front of the home. No one will be there in the home on week -ends
or holidays. RaLene would appreciate the commission's consideration.
No questions from the commission for Mrs. Chacon.
Anderson asked for City staff to explain why the process is being handled the way it is.
Andrus explained that because 541 Canal Street is an unoccupied home the application that is required
according to City Code is a Conditional Use Permit. They don't have the option to get signatures from
the neighbors. Requires a Public Hearing, published in the newspaper and notification by mail to
neighbors within a 300' radius of 541 canal Street. In reading the records when Michelle Page applied
for her home day care license at 195 Jacob with Mr. Kohntopp there was a person in her neighborhood
that would not sign so the only avenue Michelle had was to apply for a Conditional Use Permit.
Holmes explained that City Code 18.28.040 is the criteria for Conditional Use Permit. Holmes read
18.28.040C to clarify to the commission the criteria for their decision tonight.
Mendenhall asked city staff if each space needs to be accessible on the off street parking. Andrus stated
that the minimum for a daycare center is 6 parking spaces. It would be reasonable to require the spaces
to be accessible.
Anderson informed the attendees that on street parking is not owned by the home owner but is owned
by the city. It is a public right -of -way.
Anderson entertained a motion to approve or deny the Conditional Use Permit. Mendenhall made a
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motion to deny the application for the Conditional Use Permit for a Day Care Center located at 541
Canal Street, Chubbuck, ID 83202. Nield seconded.
No discussion on the motion.
Roll Call Vote: Merrill, Yes; Buttars, Yes; Kinghorn, Yes; Horner, Yes; Mendenhall, Yes; Nield, Yes;
Anderson; Yes. Motion carries. Applicant can appeal to City Council in the next 25 days.
4. Consider a proposed ordinance amending chapter 18.08 to provide for a zoning district known
as Limited Residential -P (R -2P) which allows for a smaller lot to accommodate either zero lot line
residences or single family homes built on smaller lots allowed in the zone.
Smart represented the city. A situation arose 2 months ago that smaller homes and lots have a pretty
good market. The ordinance has been drafted to accommodate a 50' wide lot with a 5,000 sq ft
minimum with the same set -backs as other single family homes.
Anderson opened the Public Hearing. No public comments.
Public Hearing was closed bringing the meeting back to the commissioners. This is a recommendation to
the City Council.
Mendenhall made a motion to recommend to the City Council to approve amending chapter 18.08 to
provide for a zoning district known as Limited Residential -P (R -2P) which allows for a smaller lot to
accommodate either zero lot line residences or single family homes built on smaller lots allowed in the
zone. Kinghorn seconded.
No discussion on the motion.
Roll Call Vote: Merrill, Yes; Buttars, Yes; Kinghorn, Yes; Horner, Yes; Mendenhall, Yes; Nield, No;
Anderson; Yes. Motion carries. The recommendation will go to City Council April 23, 2013.
Anderson entertained a motion to adjourn; Mendenhall made the motiprf'ltiornl� conded. All voted
to adjourn at 8:25 pm. (� 1 ' 11
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n, Chairman