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HomeMy WebLinkAbout03 21 2018 CM CITY OF CHUBBUCK COUNCIL MEETING MINUTES MARCH 21,2018—6:00PM CALL TO ORDER: Mayor England PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Baumeister COUNCIL PRESENT:Annette Baumeister, Ryan Lewis, Melanie Evans and Roger Hernandez. STAFF MEMBERS PRESENT:Mayor Kevin England, Public Works Director Rodney Burch, Planning and Development Director Devin Hillam, City Attorney Tom Holmes, Police Chief Bill Guiberson, Fire Chief Merlin Miller, and Deputy Clerk Joey Bowers. APPROVAL OF MINUTES: March 7, 2018 Councilmember Baumeister motioned for approval of the Study Session and Council Meeting minutes as presented. Councilmember Evans seconded motion for approval of minutes. Roll Call: Hernandez-yes, Evans-yes, Baumeister-yes, Lewis-yes,motion passed. PUBLIC HEARING: 1. An application for a Preliminary Plat for The Grove Subdivision 3rd Addition. Proposed division is 14 residential lots on approximately 5.09 acres. Located in the Northeast%Section 8,Township 6 South, Range 34 East of the Boise Meridian,City of Chubbuck, Bannock County, Idaho. Approximate location is west of Philbin Road and south of West Chubbuck Road.Application will be evaluated against criteria established municipal code§17.12.100. Stuart Ward from Dioptra represented the applicant. Mr. Ward presented a 14 residential lot extension to the Grove phase 2. The Grove phase 2 preliminary plat was approved in 2016, which originally included this extension. Mr. Ward stated that the applicant will be paying a cash in lieu of a park for this development. Utilities will extend off of Pahsimeroi Dr. and Sawtooth Lane, and roadway widths will remain the same. Mr. Ward stated that the applicant is asking for a waiver on lots 17 and 20 of block 3, these lots do not meet the width to depth ratio for city code. The canal easement will remain dedicated as a canal easement and also as a public recreation access easement. Councilmember Baumeister asked if there was any changes to the 2016 application. Mr. Ward stated that it is the same application with little adjustments to a couple of the lots. Councilmember Lewis asked staff if this application meets all City ordinances,with the exception of the requested waiver. Planning and Development Director Devin Hillam stated that land use commission recommend approval with the waiver for lots 17 and 20. Mr. Hillam also stated that the application meets all city codes, and that city staff didn't have an issue with the requested waiver due to the fact that these lots meet city code for the width,but are just larger in depth. Mayor England declared the public hearing open for public comment. Matthew Taylor 1429 Sawtooth St. was concerned that some of the lots were too small to be built on. Mr. Taylor was also concerned about the swells behind lots 13-15 on block one were too small to handle the storm water. Mr. Taylor wanted to know why the roadway on phase 2 was built narrower than city code, and wanted to know if it would continue to be built smaller. Mr. Taylor also wanted to know what the applicant was going to pay for his cash in lieu, and if this was the best option for the neighborhood. John Nicely 1401 Sawtooth St. agreed with Mr. Taylor's concerns. Mr.Nicely also was concerned about the last three lots on the south side, and not having the proper drainage for storm water. Danny Elder 1388 Sawtooth St. agreed with Mr. Taylor and Mr. Nicely. Mr. Elder's biggest concern was about traffic and not having a second entrance in and out of the neighborhood. Mr. Elder stated that if there is two cars parked on each side of the street there was not enough room for traffic. Mr. Elder was also concerned about the City accepting a cash payment instead of requiring a park. Mr. Elder felt like the congestion on Philbin road with Connor Academy still needed to be fixed. There being no more comments Mayor England closed the public hearing. Public Works Director Rodney Burch answered Mr. Taylors question about the swells and roadways. Mr. Burch stated that the swells that Mr. Taylor had mentioned were not part of this application and were part of a different phase,but they are functioning as designed in these areas and will not affect the lots in this application. Mr. Burch stated that the current application will have swells in the front of the lots and excess water will be stored in underground chambers. Mr. Burch also stated that the City changed the road width ordinance from 50ft to 55ft in the last year. The first phase of the development and the stub road on Pahsimeroi had already been constructed at 50ft, and secondary irrigation systems had already been installed to meet this 50ft requirement. Councilmember Lewis asked staff about the road being too narrow for two vehicles to be parked on the road. Mr. Burch stated that this roadway is built to the same width as the majority of neighborhoods in the City. Mr. Hillam answered Mr. Taylors question about cash in lieu. Mr. Hillam stated that the cash in lieu amount is $2,044 and is required by city code, due to the fact that the park requirement would be under 15,000 square feet. Mr. Hillam also stated that all the lot sizes meet city standards, other than lot 17 and 20 will be larger. Councilmember Baumeister addressed Mr. Elder's concerns about congestion on Philbin road and Connor Academy. Councilmember Lewis wants to make sure that construction trailers are parked off the road, so emergency vehicles have access. Councilmember Lewis asked the developer and staff to address the concerns about the changes to the master plan. Stuart Ward stated that the master plan never had a second access to the development, and the storm drain retention would be moved from the back of the lots to the front. Mr. Burch stated that the Grove master plan for phase 1 was approved in 2008. Master plans do not need any approval or review from the Council, it is only a concept or idea. It is the preliminary plats that is reviewed and approved by the Council, and none of those preliminary plats had a secondary access to the development. 2. An application for a Preliminary Plat for Bilyeu Estates—Division 4. Proposed division is 8 residential lots on approximately 5.52 acres. Located in the Southwest%of the Southwest%of Section 4,Township 6 South, Range 34 East of the Boise Meridian, City of Chubbuck, Bannock County, Idaho.Approximate location is north of West Chubbuck Road and east of Philbin Road. Application will be evaluated against criteria established municipal code§17.12.100. Eric Pope from Rocky Mountain Engineering represented the applicant. Mr. Pope presented a 7 lot subdivision that will connect into a previously built development. Mr. Pope stated that a temporary swell will be built in Div. 1 to handle storm water until the developer builds a park. Mr. Pope also stated that the developer went from the originally planned eight lots to seven larger lots, due to demand. Councilmember Lewis asked City staff if the application meets all city ordinances, and if the applicant's proposed storm water retention is sufficient for this development. Planning and Development Director Devin Hillam stated that the land use commission and City staff has reviewed this application to meet all city ordinances and recommended approval. Brady Smith Rocky Mountain Engineering stated that this swell will temporarily store the storm water until the park is built, and then it will be converted into a conveyance method to get the storm water to the storage swell in the park. Councilmember Evans asked city staff if they had any recommendations. Public Works Director Rodney Burch stated that city staff would recommend having the east and south access to the park be converted into its permanent landscape. Mayor England opened the public hearing and due to no public comment then closed the hearing. GENERAL BUSINESS: 1. Approval of the Grove Subdivision Yd Addition Preliminary Plat. Councilmember Lewis stated that if an application is meeting city code,than the council needs to approve it, the only issue with this application isn't that these two lots are too small,but larger than normal. Councilmember Lewis felt like that the extra five feet of roadway isn't enough justification to put the financial burden on the developer to move everything that had already been installed by a previous developer. Councilmember Lewis also stated that cash in lieu is a public policy decision that this Council had made to focus more on destination parks, and not having to maintain a bunch of little neighborhood parks all over the city. Councilmember Baumeister motioned for approval of the Grove subdivision Yd addition preliminary plat as presented, including the waiver for the depth to width ratio on lots 17 and 20. Councilmember Evans seconded motion for approval. Roll Call: Evans-yes, Baumeister-yes, Lewis-yes, Hernandez-yes,motion passed 2. Approval of the Bilyeu Estates Div. 4 Preliminary Plat. Councilmember Lewis wanted all water retention to be built to the standards of the Public Works Director in the development phase. Councilmember Lewis motioned for approval of the Bilyeu Estates Div. 4 preliminary plat, subject to the condition that the entire park area of the development be graded and maintained to accommodate all future storm water needs of the development and that the east and south accesses to the park be permanently constructed. Councilmember Hernandez seconded motion for approval. Roll Call: Baumeister-yes, Lewis-yes, Hernandez-yes, Evans-yes,motion passed. 3. Request to Appeal the Parking Requirements in section 18.08.046 for Seven Synergy llc. Brandon Poland with CRC Architects represented applicant. Mr. Poland presented an appeal for parking requirements for a car wash, and in his appeal he presented what other Cities had determined for parking requirements for this type of business. This car wash will be a 200ft tunnel and could fit about 11 cars from end to end. Mr. Poland proposed 19 parking spaces with free vacuums and 5 parking spaces including a handicap space with no vacuums. There will be 6-8 employees on site at a time. The Council felt like the proposed appeal had significant evidence and plenty of parking for this type of business. Councilmember Lewis asked staff what their justifying factors for recommendation. Planning and Development Director Devin Hillam stated that staff recommended approval. Mr. Hillam also stated that city ordinances do not have any justifying factors for this type of business, this recommendation is based off the evidence presented and that it made sense to city staff. Councilmember Evans motioned to grant the appeal for 24 parking spaces for Seven Synergy LLC's Yellowstone Ave. car wash. Councilmember Hernandez seconded motion for approval of the appeal. Roll Call: Lewis-yes,Hernandez-yes, Evans-yes, Baumeister-yes,motion passed. 4. Request to Appeal the Parking Requirements in section 18.08.046 for Highland Park Apt. Jeff Hawkes a developer from Bountiful Utah,presented an appeal to provide 125 parking spaces and not the required 148 spaces by ordinance. This development is an expansion to their Hawthorne Garden Apartments located behind the Pine Ridge Mall. It will be a 74 unit building, and of these 74 units 51 will be one bedroom and 23 two bedroom apartments. Mr. Hawkes stated that his company has 3500 apartments in 7 different states and have found that most one bedroom residents only have one vehicle, and each unit will have an assigned covered parking stall. Mr. Hawkes stated that even though this is an expansion of the Hawthorne apartments it will be separated by a fence and amenities,but there will be a sidewalk connecting the two developments for the maintenance and management crews to maintain and manage both the Hawthorne Garden and Highland Park apartments. Councilmember Lewis stated that if he understood Mr. Hawkes correctly that he is making a business decision to make a nice progressive development,to attract a certain demographic, and would rather fill the space with nice amenities than asphalt. Councilmember Baumeister stated if she understood what Mr. Hawkes was presenting is that there would be enough parking for 62 of his 74 apartments to have two parking spaces with one assigned space, without having to use the mall's parking lot. Planning and Development Director Devin Hillam stated that city staff looked at other cities around Idaho and both Meridian and Coeur d'Alene would only require 123 spaces for this development, and based off the evidence presented recommended approval. Councilmember Lewis motioned for approval of 125 parking spaces based on the presentation, City staff's recommendation, and under city code 18.08.046A#3 to allow for a parking space exception. Councilmember Evans seconded motion for approval of appeal. Roll Call: Hernandez-yes, Baumeister-yes, Evans-yes, Lewis-yes,motion passed. 5. Acceptance of Offer of Dedication for the Lewis Subdivision. Councilmember Lewis stated that he had no connection to this subdivision. Public Works Director Rodney Burch stated that all city requirements had been inspected and completed and recommend approval. Councilmember Baumeister motioned for acceptance of offer of dedication for the Lewis Subdivision. Councilmember Hernandez seconded motion for approval Roll Call: Evans-yes, Lewis-yes,Baumeister-yes, Hernandez-yes,motion passed. 6. Motion to enter into an Executive Session in accordance with Idaho Code 74-206 (1)(c): "To acquire an interest in real property which is not owned by a public agency." Councilmember Baumeister motioned to enter into an executive session. Councilmember Evans seconded motion to enter into executive session. Roll Call: Baumeister-yes, Hernandez-yes, Lewis-yes, Evans-yes, motion passed. Councilmember Lewis motioned to exit the executive session. Councilmember Hernandez seconded motion to exit executive session. Roll Call: Lewis-yes,Baumeister-yes, Evans-yes,Hernandez-yes motion passed. 7. Approval of the Final Right of Way Acquisition contracts. Councilmember Evans motioned for approval of the final right of way acquisition contracts for the Frazier properties. Councilmember Hernandez seconded motion for approval of contracts. Roll Call: Hernandez-yes, Evans-yes, Baumeister-yes, Lewis-yes,motion passed. CLAIMS: 1. City of Chubbuck claims for March 211, 2018 as presented to Mayor England and Council. Councilmember Evans asked Chief Guiberson to explain the Dodge Durango purchase. Councilmember Baumeister wanted to know if we used a piggyback bid. Councilmember Lewis asked if these Durangos were replacing any vehicles or if they were for new recruits. Councilmember Lewis also asked Chief Miller about the purchase of a compressor related to the valve breathing apparatus. Chief Guiberson stated that this was for the purchase of three police service Dodge Durangos, and that these were purchased using the States bid. Chief Guiberson also stated that these vehicle would replace three 2009 vehicles. Chief Miller stated that this was the replacement of a 20 year old unit that could no longer be repaired. Councilmember Lewis motioned to approve the City of Chubbuck claims as presented,with the modification that the Dodge Durango be changed to say three Dodge Durangos. Councilmember Baumeister seconded motion for approval. Roll Call: Lewis-yes,Baumeister-yes,Hernandez-yes, Evans-yes,motion passed. GENERAL ANNOUNCEMENTS:Wednesday April 4, 2018 Council Meeting and Study Session has been moved to Tuesday April 3, 2018. ADJOURN:Mayor Kevin England adjourned at 7:46.