HomeMy WebLinkAbout12 09 1980 CMCouncil Meeting Minutes 205
December 9, 1980
Minutes of the regular council meeting held in the city building
December 9, 1980.
Present: Mayor John O. Cotant, Jr. Councilmembers Becky A. Hopkins,
Dwain A. Kinghorn, LeRoy S. Quick, Earl L. Romriell, Attorney
Donald L. Burnett, Engineer Steven M. Smart and City Clerk
Vera C. Armstrong.
Meeting called to order at 8:05 p.m. by Mayor Cotant.
Mayor Cotant asked for corrections or additions to minutes of November
25, 1980.
There being none, Councilman Quick made motion to approve minutes
as written. Councilwoman Hopkins seconded motion, vote was unanimous
in favor of motion.
PUBLIC HEARING - ITEM # 1 - Mark L. and Mary B. Bunce has applied
for a variance, or in the alternative for a change of land use district
to "General Residential" (R-2) and issuance of a conditional use
permit, and for a change of the City's comprehensive plan if necessary,
in order to allow construction of a multi-family dwelling on a parcel
of land approximately 117 by 168 feet in size, fronting on Ramsgate
Street, and located immediately behind 755 and 765 East Chubbuck
Road in Chubbuck, Idaho. The existing land use district for the
parcel in question is "Agricultural-Transitional". Land Use and
Land Development Commission have recommended denial of application.
Attorney Burnett requested that all testifying in support of or in
opposition to the hearing matter to please come up to the council table,
state name, address and then make remarks, proponent of change to make
his presentation, then ask for remarks in support of change and then
opposition to change.
Mayor Cotant opened the hearing and asked for comments in support of
request. Mayor Cotant gave Mark Bunce the floor.
Mr. Bunce stated that he has reviewed prior with those present the
nature of his request and he has no more to say at this time.
Attorney Burnett marked Exhibits as follows; A-Series of pictures
relating to similar multi-family structure, B - Letter from Gene E.
Christensen dated September 2, C - Note from tenants, Mr. and Mr. Anderson,
D - Letter from Ruth Briggs to council dated September 2, E - Note
from Mr. and Mrs. Rodney Rupp dated September 2, F - Two page letter
from Mark and Mary B. Bunce explaining reason for request and dated
October 10, G - Copy of application for request, H - Plot Plan of building
site.
Also submitted from the opposition was a petition opposing the change
and signed by 34 of area residents.
207
PUBLIC HEARING #1 continued -
Dewey Hess, 855 Park, proposed buyer of lot and builder of four-plex
in question, reported his plans for construction including landscaping,
parking and fencing and reported that he intends to live in building.
Betty Jo Fenwick, 770 E. Chubbuck Rd., stated she owns property across
street which she plans to develop in the next few years and she has
no objections to the request.
There being no other testimony in favor of change, Mayor Cotant asked
for testimony in opposition to the change.
Keith C. Merrell said he was speaking in behalf of his parents who live at
710 E. Chubbuck and that he owns property on Tree Valley Rd. immediately
to the north of his parents. Mr. Merrell stated that many of the lots
on East Chubbuck Road are as large as Mr. Bunce's lot. He said he
wishes to build a single family residence on his lot some day and he
feels this rezone request may set a precedence and he would like to
build in a Residential 1 zone. He also said he felt multi-family
dwellings would affect property values.
Greg Leeds, 702 Bedford, stated he felt this multi-family dwelling
would affect their neighborhood because anyone that has lived in apartment
dwellings know the problems with transient occupants, e.g., strewn
garbage, parking, traffic especially with intersection on hill, would
diminish quality of life of residents in area just for an ulterior
motive of monetary gain.
George J. Millward, 737 Norcrest, drew a picture of agricultural zoning
left in the area. Mr. Millward said if all of this area would be ruled,
one at a time, for multi-family dwellings his estimation would be 24
more four-plex units could be built in area now zoned agricultural.
Don Aasa, 733 Bedford,stated he disagreed with any hardship of ownership
of the lot. Mr. Aasa stated he strongly opposes spot re-zoning for
one person and one lot and multi-family dwelling in area.
VaLaine Lepchenske, 734 Norcrest, stated that multiple housing causes
a traffic and parking problem especially with only one street in and
out of area.
Joan Padrnos, 742 Bedford, said they live on the corner of Ramsgate
and Bedford, the duplex is on the corner and a garage is provided for
duplex but cars from duplex park in front of their house, ,duplex is
a bad sight, four-plex would be worse sight.
Ron Thomsen, 703 Bedford, said that Mr. Bunce has developed new subdivision
in area and in his restrictive covenants duplexes or multiple dwellings
are not allowed so why should Mr. Bunce expect the residents in their
area to put up with them.
Blaine Rupp, 4727 Chateau, stated he has dealt in real estate and it
is easier to sell a house in single family developments, that four-
plex would de-value property, when one rents,the tenants do not have
desire to keep up area, if one multiple dwelling is allowed it would
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PUBLIC HEARING ITEM # 1 continued - set a precedent and he does not desire
taking chance of having 16 more four-plexes in backyard, that they
choose to have their area to be first class.
Stanley L. Merrill, 732 Bedford said he owns duplex, that he is also
a licensed realtor and from his experience a duplex and four-plex does
affect market value of single-family homes. Mr. Merrill promised to
clean up his duplex lot and will do his best to keep it that way. Mr.
Merrill stated that if there be a change in comprehensive plans or
spot zoning it should be relative to the good of the area and wish
of the people, and it is very obvious the majority of people affected
by this change do not want it and that he supports neighbors feelings
even though he owns the duplex.
Mark Bunce summed up his request for change by opposing the large lot
concept, stated that he lived in a duplex himself, that there will
not be a parking problem, there is no traffic on that side of street
now. Mr. Bunce said he cannot see how hill can be covered with four-
plexes because of way sewer is engineered.
Mayor Cotant asked Engineer Smart to explain location of lot and how
it is zoned presently and how the comprehensive plan proposes to be
zoned.
Engineer Smart said lot is south of 755 E. Chubbuck Road and fronts
Ramsgate Street, present zone is Agricultural, comprehensive plan zone
is Limited Residential (R-l).
Bernice K. Vallembois, 4743 Chateau, said this piece of property is
in back of their property, she objects to the rear of fourplex, garages
and parking in her back yard.
Mayor Cotant asked for council comment. Councilman Romriell noted
he is aware of Mr. Hess and his present ownership of four-plex which
he can be proud of. Mr. Bunce also did good job building his subdivisions
and the city is proud of the subdivisions. However, he feels a man's
home is his castle and that he could not approve of spot zoning and
would not feel good about a four-plex going into the single-family
residential area.
Being no further comment, Mayor Cotant declared public hearing closed.
Councilman Romriell moved to affirm the decision of the Land Use and
Land Development Commission to deny the variance. Councilman Quick
seconded motion. Voting was unanimous in favor of motion.
Councilman Romriell moved to deny the change of land use district under
the Land Use Ordinance to General Residential (R-2) of the parcel in
question as this is contrary to the comprehensive plan and would be
spot zoning. Councilman Quick seconded motion, Voting was unanimous
in favor of motion.
211
PUBLIC HEARING ITEM #1 continued - Attorney Burnett noted from the Land
Use Ordinance that conditional use permits are not allowed in Limited
Residential (R-l) zones and that Agricultural and Limited residential
areas are not suitable for conditional use permits for multiple family
dwellings.
Councilman Quick moved to deny a conditional use permit for the multiple
family dwelling as has been requested on the basis of the previous
concern as it relates to the comprehensive plan for planned growth
in that area to Limited Residential (R-l) and that it is not compatable
with the planned future growth and not an allowed use under Limited
Residential or Agricultural zones. Councilwoman Hopkins seconded.
Vote was unanimous in favor of motion.
Councilwoman Hopkins moved to deny the change in the comprephensive
plan to prevent spot zoning. Councilman Kinghorn seconded motion.
Vote was unanimous in favor of motion.
PUBLIC HEARING ITEM #2 - Application by George Shiozawa~ Dan E. Kunz,
and Satterfield Realty, for change in the City's comprehensive plan
and change of land use district to "General Residential" (R-2) with
respect to a parcel of land containing approximately 21.26 acres, located
west of Whitaker Road behind E1 Cielito Chapel and east of the Union
Pacific right-of-way. The property is more particularly described
in the application. The property is presently zoned "Industrial" in
part and "General Residential" (R-2) in part. Land Use and Land Development
Commission have recommended approval of application.
Mayor Cotant declared the public hearing open and asked for comments
in favor of application.
Kent Satterfield of Satterfield Realty spoke representing Mr. Shiozawa,
Mr. Kunz and their firm. Mr. Satterfield said they are proposing a
small residential subdivision of single-family residential dwellings
on the property described in the hearing notice. They will need a
change in land use district and comprehensive plan to change a 350
foot industrial along railroad tracks to a General Residential (R-2)
zone. Mr. Satterfield noted that they have been in subdividing for
35 to 40 years. Mr. Satterfield added that present economics make
it difficult for individuals to acquire homes and they are hoping to
fulfil a public need for single family dwellings that are FHA approved.
Mark Bunce, 755 E, Chubbuck Rd, stated he is in favor of application
to allow Mr. Kunz to develop his property.
Mr, Kunz, 5157 Whitaker. related that when he built the E1 Cielito
he gave an easement to city for water, sewer and road. His neighbors
complained about him granting a street easement for industrial development
i.n the midst of their residential neighborhood. Mr. Kunz said he feels
that industrial development within their neighborhood would be an unjustice
to themselves and their neighbors.
Attorney Burnett asked that application by Shiozawa, Kunz and Satterfield
together with attachment of action summary from the Land Use and Land
Development Commission be marked Exhibit A.
213
PUBLIC HEARING ITEM # 2 - continued - There being no further comments,
Mayor Cotant asked for any comments in opposition to public hearing
item.
There being no comments in opposition to public hearing item, Mayor
Cotant asked for comments from council.
Councilwoman Hopkins asked if FHA would approve loans on property bordered
on three sides by industrial zone.
Mr. Satterfield said he had inquired of same with no negative answer.
Councilman Quick asked if Shiozawa property in question included property
outside city limits. The answer was yes.
Attorney Burnett asked Engineer Smart to give present zone, comprehensive
zone and location of property in question.
Engineer Smart noted the parcel contains about twenty acres, the Kunz
property is combined General Residential and Industrial, industrial
is 350 feet east of tracks balance of property to Whitaker Road is
General Residential, which is approximately 550 feet. Shiozawa property
lies north of Kunz property and is outside city limits, is zoned light
industrial in the comprehensive plan.
Councilwoman Hopkins asked Mr. Satterfield if he thought homes would
sell that close to the railroad tracks. Mr. Hopkins related she had
talked to a Union Pacific Railroad supervising engineer and she was
informed that the railroad company prefers industrial or commercial
along tracks.
Councilman Kinghorn stated he was concerned about the plan of industrial
along tracks, also feels that owners of property has the right to develop
their property when they desire.
MayorCotant also voiced his opinion that people should have the right
to do with their property what they desire. He said, however, he is
concerned about residential zone along railroad tracks -- tomorrow
someone will wonder why city zoned residential along tracks.
Mrs. Ellen Kunz, 5157 Whitaker, remarked that she is against industrial
traffic in their residential zone.
Mr. Satterfield said they would screen to make the railroad tracks
aesthetically acceptable.
George Shiozawa, 5328 Yellowstone, stated as owner of a portion of
ground in question, he would like to do something with his property
in his lifetime and he doesn't think industrial will develop or be
demanding in the near future.
Councilman Romriell stated his concern of railroad tracks so close
to housing but feels that a person should be able to use their property
the way they want.
PUBLIC HEARING ITEM # 2 continued - Councilman Kinghorn remarked that
in sitting on the Land Use Commission he tries to reflect the feeling
of the council in his vote. Mr. Kinghorn also stated that he is very
apprehensive of annexing property into the city, if city does annex
he hopes Mr. Shiozawa has been apprised of the cost of annexation.
215
Councilwoman Hopkins said she also feels property owners should be
able to use their property, but at the same time, is it fair for developers
to make money on developments at the expense of other people.
Mr. Dan Kunz said he would not knowingly put a burden on people that
will be buying the homes.
Attorney Burnett noted that city can only zone property that is within
city, some of property in request is outside city limits or in the
comprehensive plan, zoning of property that comes into the city is
done concurrently with annexation. If city is to grant change in
comprehensive plan, then city is foreclosed from granting any other
change within six months. Mr. Burnett's recommendation was not to
change the comprehensive plan until it is absolutely necessary to do
so and to consider at the same time any other changes that should be
made and this may be an argument to take this matter under further
consideration instead of acting upon tonight.
Attorney Burnett added that the Local Planning Act does not designate
the time element for acting on change in comprehensive plan, he would
determine 60 to 90 days would be a reasonable time for comprehensive
plan change.
Kent Satterfield said they have held back platting because of costs
until they get feel from council on changing the comprehensive plan
to allow them to subdivide property.
Attorney Burnett advised council that the annexation question would
need to be addressed prior to the zoning question or concurrently.
Mayor Cotant asked if 60 to 90 days would cause trouble with their
planning.
Mr. Satterfield said the 60 to 90 days would be reasonable for their
planning, but have held back because they don't want to go to expense
of platting until getting the feel of council on rezoning.
Councilman Romriell moved to table public hearing item #2 and have
Attorney Burnett prepare a proposed amendment to the comprehensive
plan for consideration by council and that council set a date for further
consideration of annexation question. Councilman Kinghorn seconded
motion. Roll call vote: Hopkins, no; Kinghorn, yes; Quick, yes;
Romriell, yes.
Mayor Cotant declared Public Hearing on Item #2 closed.
PUBLIC HEARING ITEM #3 - Proposal to be considered by the council upon
the motion of the Land Use and Land Development Commission's motion
for a change in the city's comprehensive plan and change of land use
district to "General Residential" (R-2) with respect to a parcel of
land immediately south of the parcel in public hearing item No. 2,
217
PUBLIC HEARING ITEM #3 continued - extending from the southerly border
of said parcel to East Chubbuck Road, and bounded on the east by Whitaker
Road and on the west by the Union Pacific Railroad right-of-way. This
parcel is presently zoned "Industrial" in part and "General Residential"
(R-2) in part. This item will be considered in conjunction with Item
No. 2 above. The Land Use and Land Development Commission have recommended
denial of proposal.
Engineer Smart gave the location of property in item #3 as that property
which lies south of the Kunz property along the rail road tracks to
Chubbuck Road.
Councilman Kinghorn moved to remain land encompassed in item #3 as
is presently zoned in comprehensive plan because property owners have
requested the zoning remain industrial. Councilman Romriell seconded
motion. All councilmembers voted in favor of motion.
LARRY MERCER CLAIM - Mr. Mercer has filed a claim for damages to his lawn
caused by the Chubbuck fire truck when crossing his property to fight
a grass fire on farming ground to the rear of his property. The insurance
company has denied the claim, however, council is concerned about the
damages.
After considerable discussion, Councilman Romriell moved to deny the
claim. Councilman Quick seconded motion. All council members voted
in favor of motion.
LIQUOR CATERING PERMIT - Bill Kalivas, Pressbox, has applied for a liquor
catering permit to cater a function for KSEI at the El Cielito, December
19, 1980.
Councilman Kinghorn moved to approve the catering permit, Councilman
Romriell seconded motion, all councilmembers voted in favor of motion.
GENERAL DISCUSSIONS 1) Resolution concerning towing of vehicles, Attorney
Burnett said city needs to get the problem resolved. It seems that
a zoning policy is in question. Mayor, council and police to meet
at 4:30 p.m. and with wrecker businesses at 5:00 p.m. Wednesday afternoon.
2) Police problem at bars in city. Suggestion that council and police
meet with bar owners regarding the problems. Mayor, council and police
to meet with bar owners at 5:30 p.m. Wednesday afternoon.
3) Mark Bunce questioned the possibility of having his lot rezoned
and asking for a variance for lot width.
4) Necessity of sanding full intersections, not just to intersections.
FINANCIAL STATEMENT for November presented to Mayor and Council.
CLAIMS TO BE PAID IN DECEMBER presented to Mayor and Council.
After reviewing, Councilman Romriell moved to approve claims as presented.
Councilman Kinghorn seconded motion, all councilmembers voted in favor.
Councilman Kinghorn moved, Romriell seconded with full council approval to adjourn meeting at 12:00 midnite.
Vera C. Armstrong, City Cl?rk