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Home My WebLink About10 21 1997 Special CM173 COUNCIL MEETING MINUTES October 21, 1997 Minutes of a Special Meeting held a city municipal building, October 21, 1997. Present: Mayor John O. Cotant, Councilmembers Leroy S. Quick, Steven M. England, W. Dean Wood, Marvin C. Gunter, Attorney Thomas J. Holmes~ Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting called to order at 5:00 p.m. by Mayor John O. Cotant. Purpose of the Special Meeting shall be to review revised Grover Plumbing and Electrical Subdivision Preliminary Flat. GROVER PLUMBING AND ELECTRICAL PRELIMINARY PLAT - An application by Grover~s Plumbing and Electrical Supply, 3103 Washington, Vancouver~ WA 98660 for a preliminary plat for Grover Plumbing Subdivision, A subdivision located at 100 Block of East Chubbuck Road, south side; (Portions of Lots 2 & ~ of Bonnie Braie Acres lonated in the NE 1/4 of Section 10, Township 6 South, R94, Attorney Ron Bush, Grover Plumbing & Electrical was present stating, Grover~s Plumbin~ and Electrical would prefer the Council approve the ori~inal preliminary plat presented sho~vin~ two 3~' accesses, 200 Feet apart~ (Center to Center) on East Chubbuek Road. Mayor Cotant stated the revised preliminary plat will cause problems for customers, trucks, etc. leaving the store because of being too close to the Yellowstone Ave. & East Chubbuck Road Intersection. Attorney Bush stated Grover~s will req~ire a 50~ curb radius rather than the 40~ presented on the revised plat. Mayor Cotant stated, somehow there has to be some kind of a commom access to the west end of Grover~s property. If not, the property owners to the west will require an access also~ which would make three accesses on the ~wo properties. Attorney Busb said Grover~s discussed the common access to the west, because of problems in other stores where this occurred, Grover's will net share a common access. Grover~s are willing to give up an access to get away from sharin~ an access. PRELIMINARY PLAT - GROVER'S PLUMBING AND ELECTRIC (cont,} 175 SUBDIVISION Attorney Holmes suggested the revised access be moved to the east. Ray Gierloff, ~ ' Grovvr s General Manager stated the plat is set up in the best interests of the company. Mr. Gierloff stated the access being aligned across from Valenty Road will not work. Mr. Gierloff was told, if the access does not align with Valenty Road~ there will mosq likely never be a signal light in the area. Councilman England asked if there is any way the propos'ed access to the west can be an entrance only, no e_~it onto Chubbuck Road. PWD Smart stated, requirJ, n~ the west access one way only would be hard to regulate. If everyone would enter only, with no exits, it would work. Mr. Gierloff stated, Grover's have stores that have an emtrance only, and they seem to work. Mr. Gierloff states, the stores that have an ingress access only, Grover's install necessary signs to direct the traffic. help east. Councilman Quick suggested diagonal parking be installe~ to direct traffic to the ingress and egress access to~ the Councilman England made motion to approve the original Grover Preliminary Plat with both the east and west access, subject to the west access being an ingress access only. Grover's Plumbing & Electrical will work with City Staff on access radius details. Councilman Gunter seconded. All council members voted in favor of motion. At 6: 05 p.m. , Councilman Gnnter seconded, Councilman Quick seconded, with full council approval to adjonrn meeting. ROD C. Conlin, City C. lerk CALL OF SPECIAL MEETING ~ CITY OF ~c~u~BUCK Pursuant to Idaho Code Section 50-604, the undersigned Mayor of the City of Chubbuck, Idaho, hereby calls a special meeting of the City Council to be held at the Chubbuck Municipal Building, at tbe hour of 5:00 p.m.~ on Tuesda¥~ the 21st., day of October, 1997. The object of the s~eeial meetinK shall be to review revised Preliminary Plat Application Supply. Date: TO: of Grover's Plumbing and Electrical ~Cotant, Mayor NOTICE OF SPECIAL MEETING MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO Pursuant to the call set forth above, notice is hereby given of' a special meeting of the Chubbuek City Council at the time and place, and for the object, recited in the call. Ron C. Conlin, City Clerk ...... ~KNO%'LEDGEMENT OF NOT%CE The undersigned, Mayor and members of the Chubbuck City Co~.~ncil hereby acknowledge receipt of notice of the special meeting heroy ~. Quicy/C~nc:lmember RONALD E. BUSH EMail: REB@hteh.com HAWLEY TROXELL F'NNI$ &~HAWLE:Y LLP 333 SOUTH MAIN STREET · POST OFFICE BOX I00 POCATELLOI IDAHO 8320~1~0100 October 17, 1997 HAND-DELIVERED Ron C. Conlin City Clerk/Treasurer--City of Chubbuck 5160 Yellowstone Ave. Chubbuck, ID 83202-0006 Re: Preliminary Plat Application of Grover's Plumbing & Electrical Supply Dear Mr. Conlin: I write in follow-up to this past Tuesday's city council meeting, during which the council considered the application of Grover's Plumbing & Electrical Supply ("Grover's") for approval of the preliminary plat for its proposed commercial development on East Chubbuck Road (the "Project"). In addition, I write to request that the preliminary plat approval for the Project be placed on the meeting agenda at a special city council meeting for next Tuesday, October 21, 1997. After reviewing this material, it is my understanding that you will consider the possibility of scheduling this special meeting of the city council. At the conclusion of the discussion on the Project, Mr. Ray Gierloff (the general manager of Grover's) said he would return to the company's offices and discuss with Jack Grover, the owner of the company, whether a shared access on the western property boundary of the Project could be agreed upon, if the city were to try to impose such a condition upon the use of two accesses in the development of the property. That internal discussion has occurred. 333 SOUTH MAIN 5tF~EET POST OFFICE BOX I00 POCATELLO, IDAHO 83~04~0100 Mr. Conlin October 17, 1997 Page 2 Although Grover's has carefully evaluated whether such a shared access would be in the company's interest, the company has concluded it would not be and simply (for cogent business reasons) cannot agree to share an access to its property with some other commercial property to the west. There are a number of reasons for that decision, among which are the fact that the company has had bad experiences with shared access in other settings and the fact that there is no detail 'known about what form any ultimate development to the west might include. As a result, Grover's again would prefer to be able to build and do business with two accesses to provide reasonable access to its nearly 400 foot frontage on East Chubbuck Road, as it proposed in its preliminary plat on file with the city, and would again request the council to allow that plan. That plan is consistent with tried and true experience and will hopefully allow the store to be successful and even expand in the future. If that approval is simply impossible, then the company will reluctantly consider a single access if it can be approved in the form shown on the enclosed revised plat drawing. The revised plat contains one access, which is 40 feet wide (to accomodate a single entry lane, and two exit lanes--one for right tmn, the other for a left turn), with a wider turning radius. In addition, the building footprint has been moved back six feet to try to accommodate the need to completely mm around the truck traffic within the parking and travel areas. The revised plat allows for one way traffic only through the parking areas. The access has not been placed directly across from Valenty Road because the company has concluded it cannot make its site plan and store placement work in a reasonable manner with the access at that location. The company has not made a definitive decision that it will build with a single access in that form, but will proceed with further review of the impact on the site, the expense connected with the reengineering work and then make a final decision. We realize there are difficult competing issues at play in the ongoing development in Chubbuck and it is unfortunate that the unusual nature of the Grover's property, with no other street acesses, makes it difficult to apply the BPO access guidelines in the manner that might ordinarily be reasonably accomplished on a different type of property. However, it is difficult to understand why the fact that Grover's purchased an unusual piece of property, in a proper commercial zone for its Project, and purchased the entire parcel rather than a smaller parcel, should work to Grover's detriment and threaten the Project. I will be having my office deliver copies of this letter and its attachment for Mayor Cotant, the members of the council, Mr. Conlin October 17, 1997 Page 3 and Mr. Smart, in envelopes addressed to those individuals. In addition, I am hand delivering a copy of the letter to Mr. Holmes today. Very truly yours, HAWLEY TROXELL ENNIS & HAWLEY, LLP Ronald E. Bush~ REB/r Encl. cc: as stated (w/encl.) Ray Gierloff (w/encl.) MATERI~%LS SUBMITTED TO CITY OF CRTJBBUCK CITY COUNCIL IN CONNECTION WITH CONSIDERATION OF PRELIMINARY PLAT APPROVAL GROVER'S PLUMBING ~ ELECTRICAL SUPPLY "SUBDIVISION" PLAT ON EAST CHUBBUCK RO2LD OCTOBER 21, 1997 PROPOSED PLAT: ACCESSE~ PROPOSED: TWO 33' ACCESSES, 200 FEET APART (CENTER TO CENTER) ON E. CHUBBUCK ROAD ADVANTAGES Provides turning route for large trucks (semi-trucks, contractors and freight delivery trucks)· Reduces back-ups and congestion on E. Chubbuck Road and on the store property. Allows easy circulation to the remainder of the property (consistent with BPO access guidelines), allows for future expansion. Allows the store to reach expected business levels. only one access is allowed, business will be self- limiting, makes growth of store unlikely. If No other Grover Electrical and Plumbing Supply stores have less than two accesses, most have three. Same with local competitors (BMC West and /Lnderson's). Property has 397 feet of frontage west. bounda~ is approximately 225 feet west of corner on Yellowstone Avenue. West property the curb LAND USE AND DEVELOPMENT COMMISSION RECOMMENDATION ~ECOMMENDED ACCESS: ONE, 40 FT ACCESS, DIRECTLY OPPOSITE VALENTY ROAD. DISADVANTAGES Will guarantee congestion on and off Chubbuck Road/Safety. City prohibits through truck traffic on Each Chubbuck Road - means trucks Dust turn west - creates additional congestion problem. "Opposite,, Valenty Road is awkward location - screws up internal traffic flow and site plan in manner that can't be satisfactorily remedied. No other street frontages commercial zoning already · no variances required · historically at least three accesses inconsistent with other competing businesses -- BMC West -- Anderson's · puts Grover's at a competitive disadvantage Threatens project. million dollar project number and nature of jobs contributions to tax base: tax. property tax and sales ~ENT,B¥: MARQUESS ASSOC; 10- 9-97 2:47PM; 541 779 4O79 => 2082330845; #13 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 465 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING SECWION 16.12.025 "ACCESS MANAGEMENT" TO THE CHUBBUCK MUNICIPAL CODE: REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABIL1TY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 16.12 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFEC-W; AND PROVIDING WHEN THIS ORDINANCE SHA! .'r BECOME EFFEC'FIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Section 16. I2.025. The following Section 16.12.025 is added to the Chubbuck Municipal Code: 16.12.025 Access Manaeement. All streets ~nd roadways shall be designed to conform with the "Guidelines for Policies on Controlled Access Arterials & Collectors and Proposed Access and Circulation Plans" (hereinafter "guidelines") aa adopted by the Bannock Planning Organization on September 3, 1996 and as may from time to time be amended. Such guidelines shall be utilized by ciV/staff as well as the design review committee, land use mad development commission and the Chubbuck city council in p[arming and coordinating the City street system as well as access between parcels owned by various entities for purposes of minimizing the need for access to City streets. Where the Guidelines conflict with the State of Idaho Transportation Department's Right-of- Way Use Policy adopted October, 1982 and as may from time to time be amended, the Guidelines shall be given preference except for the l'ro Right-of-Way Policy Section 452.02 "Setback" which shall be given preference by the City on those issues. ADMINISTRATIVE PROVISIONS Section 1. ~.epeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuclg Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapter 16.12 not herein amended shall remain in full force and effect,