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HomeMy WebLinkAbout07 03 2019 CMCITY OF CHUBBUCK COUNCIL MEETING MINUTES JULY 3, 2019 — 6:00PM LOCATED AT CKUBBUCK CITY HALL 5160 YELLOWSTONE AVE. CALL TO ORDER: Mayor England. PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Hernandez INVOCATION: Pastor Starr Reardon of the First Congregational United Church of Christ. COUNCIL PRESENT: Ryan Lewis, Annette Baumeister, Roger Hernandez, and Melanie Evans. STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Tom Holmes, Public Works Director Rodney Burch, Police Chief Bill Guiberson, Planning and Development Director Devin Hillam, Senior Planner Don Matson, City Treasurer Rich Morgan, and City CIerk Joey Bowers. Councilmember Melanie Evans was in attendance thru a remote call. APPROVAL OF MINUTES: June 19, 2019. Councilmember Baumeister motioned for approval of the Council Meeting minutes. Councilmember Lewis seconded motion for approval of minutes. Roll Call: Lewis -yes, Evans -yes, Baumeister -yes, Hernandez -yes, motion passed. Councilmember Baumeister recused herself from General Business Item 1. GENERAL BUSINESS: 1. Approval of Southwest Townhomes Div. 1 Preliminary Plat. (Council will discuss the application and if it meets City code. Blake Jolley from Connect Engineering represented the applicant. Mr. Jolley presented a zero lot residential development in an R-2 zone. Mr. Jolley stated that this development meets the density requirements in City code 18.08.042 for an R-2 zone. This development will have two access points one off Chubbuck Rd. and one off Whitaker Rd. with public parking on one side of the street. Mr. Jolley also stated that Whitaker Rd. is designed for 15,000 vehicles/day and as of 2015 was at 1,300 vehicles or 9% capacity; and Chubbuck Road is designed for 30,000 vehicles/day and as of 2017 was at 12,000 vehicles or 40% capacity. Storm water will be maintained as a private system on site. Mr. Jolley also stated that this development would remain under one ownership. Councilmember Lewis asked about how the applicant plans to maintain single ownership. Mr. Jolley stated that there will be a home owners association created to maintain this development under one ownership. Councilmember Lewis asked about the streets being 34 '/z ft. and how that meets City code 16.12.020. Mr. Jolley stated that these private accesses will be maintained under private ownership and will not be dedicated to the City. Councilmember Lewis asked if there was a section of code that defined the difference between private streets versus public streets to allow for smaller streets than is required in section 16.12.020. BJ Driscoll legal counsel for the developer stated that City code doesn't define private versus public streets, but since the accesses will not be dedicated over to the City and maintained on private property it will not be a street but a private access. Mr. Driscoll also stated that no concerns where brought up by City staff, and the City Attorney with the design of these streets/accesses during planning meetings. Councilmember Lewis stated that City Code 16.08.120, 17.16.030, and 18.06.300 sets the standards and definition of a street which would qualify these accesses as a street under City code. Mr. Jolley stated that City code 16.12.020 talks about a 50ft right of way. These accesses will not be a right of way but a private access. Councilmember Lewis asked about fencing and water rights. Mr. Driscoll stated that fencing is not required in an R-2 development. Mr. Driscoll also stated that State law requires that this development cannot interrupt the delivery of water to the surrounding properties. But as far as the handling of run off, irrigation, or waste water each individual land owner is responsible. Councilmember Evans felt like this application didn't meet chapter 5 goal one in the comprehensive plan; which requires sidewalks on both sides of the street and to design new streets to connect to other streets. Also chapter 6 goal 2 that states that the bulk/scale of a development should be similar to the surrounding residential developments. Mr. Jolley stated that there will be sidewalks on both sides of the private accesses. Mr. Driscoll stated that the comprehensive plan is a guiding document but is very clear on density requirements. This development is under the density requirements listed in the comprehensive plan and is a good transitional development. Mr. Driscoll also stated that the comprehensive plan anticipates a major connector just to the north of this development for future access and development. Councilmember Evans asked about the difference between a duplex and an apartment in section 18.06.210 and if this development meets the requirements of an R-2 development. Mr. Driscoll stated that in sections 18.08.010c & 18.08.040 defines that zero lot line developments are expressly permitted in an R-2 zone. Planning and Development Director Devin Hillam stated that the developer will be paying a parks impact fee in lieu of a park and open space. Senior Planner Don Matson stated that City Staff had reviewed the application and believed it meets City standards, density requirements, and complies with the comprehensive plan. City Attorney Tom Holmes asked about City staffs position on the proposed streets. Mr. Matson stated that Kay's Cove and Hawthorne Apartments are both subdivisions with private streets, in both of these cases the streets are narrower than what is being proposed. Councilmember Evans asked for an example of an R-2 development that had private streets. Currently there is no R-2 developments in the City of Chubbuck with private streets. Councilmember Lewis stated that City code 16.12.020c requires a 40ft street and 50ft right of way or if there is a swale a 37ft street and a 55ft right of way. Councilmember Lewis also stated that City code allows an applicant to maintain these streets as private streets or dedicate them to the City as public streets; but either way the streets need to meet the requirements in section 16.12.020c. Public Works Director Rodney Burch stated that the 50ft right of way requirement could be accomplished with an access easement. Mr. Driscoll stated that the applicant can meet the 37ft street width requirement, but doesn't know if they can meet the 50ft right of way requirement. Councilmember Lewis asked if the applicant would like the Council to table a decision to give the applicant a chance to look at meeting the requirements in 16.12.020c. The applicant asked to be able to look at the requested changes and bring this application back before the Council for approval. Councilmember Lewis motioned to table a decision to allow the applicant to look at the requirements in 16.12.020c that requires a 40ft street and 50ft right of way or a 37ft street and a 55ft right of way that includes a swale. Councilmember Evans seconded motion to table a decision. Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Baumeister -recused, motion passed. Councilmember Melanie Evans left the meeting at 7:56. 2. Approval of Ordinance 795 Annexation. (Council will discuss annexing all of Lea Avenue and Lamar Street right-of-way as depicted on the Lamar Acres No.1 subdivision plat. Also for the zoning change for all of Lea Avenue and Lamar Street as a Single Family Residential (R-1)). Public Works Director Rodney Burch presented an ordinance to re -adopt Ordinance 768. Councilmember Hernandez motioned for the waiver of three readings, including the reading of one time in full for Ordinance 795. Councilmember Baumeister seconded motion for waiver. Roll Call: Baumeister -yes, Hernandez -yes, Lewis -yes, Evans -absent, motion passed. Councilmember Baumeister motioned for adoption of Ordinance 795. Councilmember Hernandez seconded motion for adoption. Roll Call: Hernandez -yes, Lewis -yes, Baumeister -yes, Evans -absent, motion passed. CLAIMS: City of Chubbuck claims for July 3, 2019 as presented to Mayor England and Council. Councilmember Baumeister motioned to approve City of Chubbuck claims. Councilmember Lewis seconded motion for approval. Roll Call: Lewis -yes, Baumeister -yes, Hernandez -yes, Evans -absent, motion passed. AwouRN: Mayor Kevin England adjourned at 8:00.