HomeMy WebLinkAbout009.11.18 City of Chubbuck
Land Use and Development Commission Meeting Minutes
September 11, 2018- 7:00 pm
Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City
Hall, 5160 Yellowstone Avenue, on September 11, 2018.
Chairperson Jason Mendenhall: Commission Members: Mike Schwartz, Dan Stoddard, Rebecca
Berls, Brady Smith,Thais Ayre, Carrie Holm, and TJ Budge.
Planning and Development Director: Devin Hillam, Public Works Director: Rodney Burch, City
Planner: Paul Andrus. City Attorney:Tom Holmes, Office Administrator: Ranelle Simmons
Chairperson Mendenhall called the meeting to order at 7:00 pm.
Mendenhall led the commission in the Pledge of Allegiance.
Mendenhall asked if any commissioners had a conflict of interest within the items before the
board tonight.
Smith has a conflict with item #1 in General Business.
Ayre with item #2 in Public Hearing. Budge with item #1 in Public Hearing.
APPROVAL OF THE MINUTES:
Mendenhall entertained a motion to approve the minutes as emailed. Schwartz moved the
minutes of August 14, 2018 regular meeting and August 23, 2018 study session meeting be
approved as emailed; Holm seconded.The full authority approved.
GENERAL BUSINESS
1. Application for Park Meadows Div. 10 Preliminary Plat covering 3.82 acres consisting of
16 lots. Located Southeast 1/4 Section 9, Township 6 South, Range 34 East of the Boise
Meridian, City of Chubbuck, Bannock County, Idaho. Location is a portion of Galena Ave.
and Pinewood Ave. South off of W Chubbuck Rd Type of Action: Recommendation to
the City Council (action item)
Brady Smith, Rocky Mountain Engineering and Survey, 600 East Oak Street Pocatello, ID 83204.
History is that in about 2007 this subdivision was started on a larger scale. Utilities were
installed and accepted by the City of Chubbuck. Park Meadows 10th was divided into 2 sections
and Park Meadows 14 was built. This is a twin home development that follows the PUD lot size
requirements in the ordinance. Galena Avenue currently has a street width of 47 feet back to
back which is below the current requirements. Pinewood having 32 foot back to back street
width which is below the 37 foot requirement. Applicant is asking for a waiver of those two
street sections. In the meeting packet the review by the engineering department had six items
that needed to be addressed. Those six items have been taken care of.
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Smith addressed secondary irrigation in this subdivision.The city never secured the water rights
when this subdivision was first started. If the rights are not secured they go back to Fort Hall
Irrigation Project. So there are no rights in 4 to 5 phases of Park Meadows
Andrus confirmed that city staff supports the waivers and the other items on the list have been
satisfied.
Mendenhall entertained a motion. Stoddard moved to recommend approval of the preliminary
plat based on the engineering conditions being met specifically the road widths on Galena and
Pinewood. Ayre seconded.
Roll Call Vote:TJ Budge. Yes; Rebecca Berls,Yes;Thais Ayre,Yes; Mike Schwartz, Yes;
Carrie Holm,Yes; Dan Stoddard,Yes;Jason Mendenhall,Yes.
PUBLIC HEARING
1. A request to amend the Future Land Use Designations Map of Chubbuck's
Comprehensive Plan to include approximately 950 acres of land and to designate said
land as Commercial and Mixed Use. The subject property is located within the E 1/2 of
section 35 and the W 1/2 and SE 1/4 of section 36, Township 5 South, Range 34 East;
in the E 1/2 of section 2 and N 1/2 of section 1, Township 6 South, Range 34 East; in
the NW 1/4 of section 6, Township 6 South, Range 35 East; and in the N 1/2 of section
31, Township 5 South, Range 35 East, of the Boise Meridian. Subject property includes
the following Bannock County tax parcels: R3853000516, R3853000409,
R3853000413, R3853000411, R3851001402, R3803057106, R3803055602,
R3803057200, R3805002500, R3805002600, and R3853000514. The general location
is approximately 1/2 mile north of Chubbuck Road and East of Interstate 15. Action
Item: Recommendation to City Council
Lavelle Rupp, PO Box 5604 Chubbuck ID. 83204 is one of the trustees of the family's trust. He is
also one of the owners of the property on the east side of the interstate. Mr. Rupp shared some
of the history of their property.
The Rupp family for the past 2 to 3 years prior to mom passing a year ago have wanted to be in
the City of Chubbuck. So the trustees have approached the City of Chubbuck and applied to
have their land be included in the future development of Chubbuck. This administration is now
designing and building the future of the City of Chubbuck.
Mendenhall asked if any board members had questions for Mr. Rupp.
Berls asked what Mr. Rupp's feelings were toward the City of Pocatello. Mr. Rupp commented
it's a long story between him and Pocatello. Not sure if he wants to get into it. Pocatello is
having some problems with water and they know that his family has a water source. They are in
the process of trying to get Bannock County to renegotiate a new City Impact Area in Pocatello
which includes their land. Mr. Rupp has hand delivered a letter to Bannock County
Commissioners letting them know he is against this recommendation and in the letter he let
them know that they have applied for annexation into Chubbuck. Mr. Rupp went on to say that
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it
Chubbuck has been very good to work with and willing to help. In the last 31/2 years Mr. Rupp
has worked with the Northgate project, the Millennial Group, Portneuf Development Group,
City of Pocatello and Bannock County and there has not been one person that has asked what
the Rupp family wants to do with their property but instead has said this is what we are going
to do with your property and your water. The Millennial Group's water need will come first and
the Rupp family will not get any water for approx. 5 to 10 years. Mr. Rupp asked what would
happen if he needed his water in 1 to 2 years and was told this is the way it is going to be. That
was the final straw for the family and gave them the direction they needed to go.
No questions from the commission.
Mendenhall asked if city staff had any additional information.
Andrus pointed out the report is there and this is the first step to be put on the Future Land Use
map so the application will be consistent with the Comprehensive Plan.
Mendenhall opened the public hearing.
No public comment.
Mendenhall closed the public hearing bringing the meeting back to the commission.
Berls commented that in the beginning she was ethically torn but after hearing the comments
tonight where the family was trying to be forced as a landowner. They should have the right to
choose and should be designated into Chubbuck.
Mendenhall entertained a motion. Schwartz moved to recommend to City Council the approval
of the amendment of the Future Land Use Designations Map of Chubbuck's Comprehensive
Plan to include approximately 950 acres of land as proposed by Mr. Rupp and to designate said
land as Commercial and Mixed Use. Berls seconded.
Roll Call Vote: Rebecca Berls, Yes;Thais Ayre, Yes; Carrie Holm,Yes; Brady Smith,Yes; Mike
Schwartz,Yes;Yes; Dan Stoddard,Yes;Jason Mendenhall,Yes.
2. A request to amend the Future Land Use Designations Map of Chubbuck's
Comprehensive Plan to change the designation of approximately 150 acres of land to
Commercial. The subject property is located within the N 1/2 of section 2, Township 6
South, Range 34 East, of the Boise Meridian. Subject property includes the following
Bannock County tax parcels: R3853000504, R3853000506, R3853000507,
R3853000508, and R3853000509. The general location is east of Hiline Road, west of
Interstate 15, and north of Chubbuck Road. Action Item: Recommendation to City
Council
Hillam represented the application. Designation of this land requested by Terraventure is part
of the process which satisfies the qualities of the Comprehensive Plan. All of the Terraventure
properties will be designated commercial.There has been no comments from public entities or
the public on the petition.
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Mendenhall opened the public hearing.
Kirsten Rupp, 11755 N. Buffalo Road Concerned with her home being next to commercial
property. What are her options to not live next to a gas station?
Mendenhall closed the public hearing.
Hillam answered Kristen Rupp's question. A mixed use zone is very strong on encouraging
compatibility between our different land uses. The ordinance has sufficient buffers between
residential and nonresidential zones.
Budge added there are controls in place for when development happens to address
development on a case by case basis.
Mendenhall entertained a motion. Smith moved to recommend to City Council to amend the
Future Land Use Designations Map of Chubbuck's Comprehensive Plan to change the
designation of approximately 150 acres of land to Commercial. Stoddard seconded
Roll Call Vote: Brady Smith,Yes; Dan Stoddard,Yes; Rebecca Berls, Yes;Ti Budge,Yes; Mike
Schwartz,Yes; Carrie Holm,Yes;Jason Mendenhall,Yes.
3. A request to amend Title 18 of Chubbuck City Code, Land Use Ordinance,to add a new
zoning district,the Mixed Use (MU) district providing for the purpose and intent of the
section, special provisions including selective modification of municipal standards,
qualifying locations and area requirements, overall net residential zone density,
minimum lot area, periphery design, pedestrian realm design, land use designation
areas, and relationship of the zone to other land use controls; providing for the
manner in which the zone may be established and effectuated through the submission
of master development plans, design book reviews, and conformance with approved
plans; providing for development and design standards which address issues related
to common ownership or control, appropriate mix of uses and careful location of
nonresidential uses, excellent bicycle and pedestrian pathways and trails, peripheral
location of collectors and arterials, ownership and maintenance of common open
space and property, and prohibiting gated communities; providing for building and
architectural designs and standards related to unencumbered building areas, clustered
buildings, like uses facing like uses, landscaping requirements, buffering nonresidential
uses from residential uses when desirable, requiring underground utilities,
recreational and other vehicle storage, requiring an architectural control committee, a
diverse and interesting product mix, corner lot designs, single-family residence
sidewalks and setbacks, garage placement, multi-family housing designs, ground level
aesthetics, residential frontage locations, building heights, lighting, parking, signage,
and open space. Action Item: Recommendation to City Council
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Hillam represented the applications. The Mixed Use (MU) zone was before Land Use
Commission in a study session last month and the packet has included all information regarding
the zoning. The analysis of how this zoning is compatible to the Comprehensive Plan has been
provided in the packet. No public or political subdivisions have commented on this application.
Some changes were made after a study session with Land Use commission and a study session
with City Council. Hillam went over those changes.
Budge and Hillam discussed discretionary power that is noted in 18.20.030.
Berls asked who would oversee structure and making sure there are no problems like Daybreak
is having with permeable soil. Hillam noted the engineering department will be very diligent
using the standards that are in place.
Stoddard wondered if an application for a cell tower in a Mixed Use (MU) zone was submitted
how would it be handled. Hillam stated the compatibility with the existing land uses around it
would be looked at. Cell towers are highly regulated by the federal government as to what the
city can and cannot do. Those guidelines would need to be followed.
Mendenhall opened the public hearing.
No public comment.
Mendenhall closed the public hearing bringing the meeting back to the commission. This is a
recommendation to City Council.
Mendenhall entertained a motion. Stoddard complimented city staff on the thorough job in
preparing this application. Stoddard moved that the City Council approve this amendment to
Title 18. Smith seconded.
Roll Call Vote: Carrie Holm, Yes; TJ Budge, Yes; Brady Smith, Yes; Mike Schwartz, Yes; Dan
Stoddard, Yes; Rebecca Berls, Yes; Thais Ayre, Yes;Jason Mendenhall, Yes.
Mendenhall reminded the board that there is a second meeting this month, Tuesday
September 18th
Mendenhall entertained a motion to adjourn; Schwartz made the motion. Ayre seconded. All
voted to adjourn at 7:48 pm.
a
Jason Mendenhall, Chairperson _ ' \ I
Ran,elle Simmons, Office Administrator
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