HomeMy WebLinkAbout008.06.19City of Chubbuck
Land Use and Development Commission
Minutes
August 6, 2019
7:00 PM
City Hall Council Chambers, 5160 Yellowstone Avenue, Chubbuck, ID 83202
Board Members Present: Vice -Chair Dan Stoddard, Rebecca Berls, Carrie Holm, Brandon Jackson and TJ Budge.
Staff Members Present: City Attorney Tom Holmes, Senior Planner Don Matson, Community Planning and
Economic Development Director Devin Hillam, Office Administrator Kami Morrison
Stoddard called the meeting to order at 7:00 pm asking Budge to lead the Commission in the Pledge of
Allegiance.
Stoddard asked if any Commissioners had a conflict of interest within the items before the board
tonight.
APPROVAL OF THE MINUTES: July 9, 2019
Stoddard entertained a motion. Budge moved to approve the minutes of July 9, 2019 as emailed; Holm
seconded. The full authority approved.
PUBLIC HEARING
1. An application for a Change in Land Use District from Agriculture (A) and Limited Commercial (C-1) to
the Creative Community — Northside Crossing zoning district (CC -NC), and approval of a Master
Development Plan pursuant to review criteria established in chapter 18.21 of city code on
approximately 139 acres of land. Subject property is in the east half of Section 34, Township 5
South, Range 34 East of the Boise Meridian, Idaho, generally located north of Siphon Road, east of
the Union Pacific Railroad, south of Tyhee Road, and west of Hiline Road in Chubbuck, Idaho. Type of
Action: Recommendation to City Council. (Action Item)
Presentation by applicant Lyn Yost, 13982 North Rio Vista Road. Thanked Commission for their time and
staff for hard work. Had previously zoned 40 acres as C-1 to get project started. Have started on
Whitaker extension, ready to start paving next week. Sold lot to Grace Assisted Living, they are on
schedule as well. Intention all along has been to add additional 98 acres to the 40 previously zoned. 86
acres is part of master plan and shadowed as "future" on map, have option and plan to purchase
property. Proposing Northside Crossing Creative Community and requesting C-1 zoning be adopted.
Discussion regarding acquisition of future piece of land and potential problems if unable to acquire.
Owner has consented to master plan. Applicant has legal binding option to purchase by end of year.
Applicant can only ask for action on property they have legal rights to and is already annexed into city.
Staff report by Director Hillam. Master plan is non-binding document. In the event applicant is unable to
acquire land, master plan would need to be amended. If minor change would handle administratively,
major change would follow process. What is proposed in code is only legal description to change piece
not marked as future. Only potentially rezoning what is within jurisdiction. Hillam stated staff report
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was sent last week to developers citing some inconsistencies, received back info from them on Friday.
That information is in packets handed out to Commissioners. Inconsistencies are largely taken care off.
Added clause on page 10 of master plan development guidelines to clearly indicate Creative Community
Zone will be minimum standard. Guidelines are just showing how they intend to meet the goals and
visions of creative community district. Staff are comfortable with zone.
Brief discussion about plans for Tyhee Road, if eastern section would be vacated and relocated. Intent is
Tyhee will connect to new Northgate Interchange. Topography map shows substantial cost to carry
Tyhee straight up hill because of grade. Will go over more thoroughly in preliminary plat stages. If a
decision is made at a later date to vacate any portion of roadway containing the current Tyhee Road
profile, the City would follow state code for vacation.
Street names, sizes, right-of-way discussed as well as greenspace maintenance. All will be looked at in
more depth during preliminary plats for each phase.
Commission desired to ask additional details and requested the applicant to present the master
development plan details. Applicant Lyn Yost presented information. This type of subdivision not found
in southeast Idaho right now. Modeled after developments in some bigger cities. More progressive
neighborhood. One characteristic of neighborhood was to take emphasis off of garage and have
subservient side or rear entry garage. Includes 7.1 miles of paved walking paths. In addition, 36 acres of
parks, open space and green space with amenities to include exercise equipment, interactive art,
gardens, dog parks, etc. Plan is to have every home within 300 feet of walking path. Page 16 on trail
maps, shows intent to label each trail and note on kiosk how long each path is. Page 34 in master plan
shows intended greenspace, 36 acres, which is more than typical. Intended to create a walkable
community. Some residential connector roads are intentionally narrower to create slower, walkable,
tighter knit community. All homes have front porches. Intend to zone out vinyl siding. Homes
encouraged to use solar resources. Intend for every home to have access to highest speed internet
possible. Applicant referenced Daybreak development in South Jordan, Utah. Neighborhood has
received numerous awards. Modeling neighborhood after that and in conjunction with other
developments will create New Day District. Petitioning Council at tomorrow night's meeting to propose
that Siphon Road be called New Day Parkway to brand new district. In center of community is the Hub to
include pool, civic center, and gathering space. Anticipate residents from all walks of life. 4-plexes,
carriage homes and apartments over retail living. 8 different designs, focusing on $250k -$350k price
range. Upgraded signs, light poles, etc. Seeking TIF on project which will be negotiated later. Good
opportunity to reroute Tyhee. Road, water, sewer design structure thought through carefully.
Budge thanked applicant for being creative and elevating standard of subdivision design. Hopes it will
encourage future developers to step up their game. Conversation about size of greenspace and
potential of medical facilities to locate in development.
Holmes asked applicant about integrating multi -family units and single-family units. Applicant stated full
intent is to try to blend multi -family into single family neighborhood. Spelled out in code and master
plan that multi -family unit has to look like a home, can't look like 4-plex or apartment building. Key
distinction of a creative community is multi -family units look like single family homes. Can't tell
difference because of design. Plan to blend those and have lots sized appropriately. More characteristic
of 55 and active area.
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Staff report by Director Hillam. Comprehensive plan calls for 120ft. right of way however creative
community district allows for deviation from that. Within 100ft can still have 5 travel lanes plus walking
paths with a public easement on private property. Supporting 100ft request. In regards to signs,
anticipate city will enter into development agreement and ask developers to purchase additional signs
city can access if one needs replaced. Chubbuck Development Authority is looking at TIF district idea.
They are fully supportive of creative community districts with the heightened emphasis on design and
community form. CDA felt it was appropriate to incentivize creative communities for public benefit
since creative communities have a greater cost to developers and the concepts are untested in the
Eastern Idaho market. Code requires multi -family be designed to look like single family dwelling unless a
deviation is approved at design book stage which occurs concurrent to the preliminary plat phase.
Berls asked about the light industrial moratorium City Council imposed. Hillam state that was only in
downtown area and is also no longer in place. Important to have residences next to places of
employment so as to limit dependency on vehicular transportation.
Jackson asked why not dedicate 120ft and only use 100ft. May save a step. Hillam, stated that is one of
the ongoing conversations. If able accomplish good pedestrian access on both sides within 100ft, the
City Staff is supportive.
Budge clarified purpose of approval is to let developer know Commission is on board conceptually with
where they are going. Hillam confirmed.
Stoddard opened the public hearing.
No public comment.
Stoddard closed the public hearing brining the meeting back to the Commission. Stoddard noted item is
recommending approval of land use change and approval of master development plan.
Budge in favor. Huge undertaking and expressed gratitude to the developer and to City Staff for their
work. The development has potential to do a lot of good for community. In favor of rezone and
supportive of master plan.
Stoddard asked if there were concerns about future section piece that is not owned. Jackson stated if it
didn't happen could still function and would have to come back to the Commission anyway.
Stoddard entertained a motion. Jackson moved to recommend approval of the zoning change from
Agriculture (A) and Limited Commercial (C-1) to the Creative Community— Northside Crossing zoning district
(CC -NC), and approval of a Master Development Plan. Berls seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Budge — yes; Berls — yes; Jackson — yes; Holm — yes; Stoddard — yes. Motion carried.
PUBLIC HEARING
2. Adding a new chapter 18.35 to Title 18, Land Use, of the Chubbuck Municipal Code for the
Creative Community — Northside Crossing (CC -NC) zoning district and to set forth land use and
development regulations within said district pursuant to review criteria established in chapter
18.21 of city code. The chapter sets forth the intent, purpose, and boundary of the new zoning
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district; provides for development and design standards including number of allowable units,
establishment of land use designation areas, setbacks, lot configurations, height maximums,
maximum and minimum density and occupied floor area specifications, open space
requirements, and uses allowable within the designation areas; provides general standards; a
schedule of general controls, provides parking, signage, street, landscaping, parks and open
space standards; provides processes for plan amendments and deviations, appeals and
administration. Type of Action: Recommendation to City Council. (Action Item)
Presentation by applicant Lyn Yost. Developed code with city staff. Designates Creative Community also
specifically for Northside Crossing. Code is what governs and prevails. Have not taken code lightly.
Have gone through each building type one by one in great detail. Applicant expressed gratitude to the
Commission, staff and RMES.
Staff report from Director Hillam. Code largely copies and pastes from creative community district itself
or very similar to one already recommended in Harvest Springs development. Standard of no fewer
than 400 residential units, creative community district requires at least 3 dwelling units/acre net. Large
takedown with assisted living, 400 no problem. 1400 maximum, very high density level but didn't want
to bind to maximum provided city could provide services and utilities. Proposing 18 acres of open space
to be developed in proportion with regards to development. 3 different land use district areas.
Restrictions will ensure land uses are compatible. Standard general controls from creative community
district, parking standards, signage, landscaping standards all very similar to Harvest Springs. Parks and
open space negotiated during preliminary plat stage. Describes minor and major plan amendment and
proper process. Staff has reviewed and again applies only to area requested to be rezoned. If do acquire
additional ground can amend legal description.
Budge voiced concerns with code change stating decisions on use to be rendered by Public Works
Director. Not clear if that sentence is limited to interpreting uses that are listed or beyond that for uses
that aren't listed. Hillam stated it's fairly typical in zoning ordinance, has to allow for some level of
discretion. From a City functionality standpoint, the decision would likely lie with the planning director.
In the end staff try to determine what it most closely aligns with. Commission members spoke further
about decision making authority, policy decisions and public hearings in regards to those decisions.
Hillam noted most land uses are general. Code is intended to be more creative than standard city code
and less rigid. If have opportunity to speed things up using reasoned decision, should do it. Holmes
indicated that he was supportive of either the way it is proposed or as the way it is done in typical
municipal code to require a conditional use permit in those instances; Holmes stated that he saw the
merit in making it an administrative decision and the number of times that situation arose would be very
limited based on the City's previous experiences.
Commissioners discussed places of assembly language, major and minor home occupation restrictions
and definitions, as well as maintenance by HOA and code enforcement.
Stoddard opened the public hearing.
No public comment.
Stoddard closed the public hearing brining the meeting back to the Commission.
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Budge, in favor and appreciates all the work done. Wished to point out there is a risk associated going
forward leaving code the way and that he had concerns with not requiring conditional use process and
public hearing for those decisions. However, Budge stated that he does realize need for operational
efficiency and supports the code draft.
Stoddard entertained a motion. Budge moved to recommend city council adopt new section of code.
Holm seconded.
With all commission members understanding the motion they voted.
Roll Call Vote:
Jackson — yes; Stoddard — yes; Berls — yes; Budge — yes; Holm — yes.
GENERAL BUSINESS
1. An application for a preliminary plat for the Northside Crossing Subdivision, Division 2. Applicant
proposes to subdivide 2.68 acres into 4 commercial lots. Property is in the SE % of Section 34,
Township 5 South, Range 34 East of the Boise Meridian, Idaho, generally located on the north
side of Siphon Road between the Union Pacific Railroad and Whitaker Road in Chubbuck, Idaho.
Current zoning designation on the property places it in the Limited Commercial (C-1) land use district.
Application will be evaluated against standards found in municipal code section 17.12.100. Type of
Action: Recommendation. (Action Item)
Mitchell Greer with RMES, 600 E. Oak, Pocatello. Plat is for Division 2, immediately east is Grace Assisted
Living. Because of proximity to railroad, transitioning to mixed use to include business and research
park and some residential. Will include some medical office use as well. Proposing 4 lots all privately
accessed by 2 access roads off of Aurora. Will create next section of road as move forward while
developing along aurora.
Stoddard noted since city hasn't officially adopted creative community ordinance, plat is governed by
existing code. Greer stated area is currently under commercial zoning, still part of Northside Crossing
but trying to get done as quickly as possible. Plat lines zig zagging through parking lot because of need
to associate enough parking with facility that may fit there and ay require certain number of spaces.
Essentially area will be common parking for all business and maintained by owner or HOA.
Staff Report by Senior Planner Matson. Common for commercial subdivision to have cross access
easements. Main issues were access, ensuring alignment with Grace to reduce confusion. Second access
from Syphon may be difficult to make left turn in or out as traffic increases. Can close if it becomes
necessary in the future. Last concern was to ensure continuation of Syphon road pathway.
Applicant, Lyn Yost, addressed access issues. Because of 55 and active area, will try to force traffic down
Whitaker rather than Aurora. Attorney Holmes questioned 150ft. back from intersection. Hillam stated
applicant has been working with Public Works Director, Rodney Burch, on deviation from 150ft with
ability to close and an agreement with Yost to take action if needed in future via agreement.
Commission further discussed secondary irrigation with Fort Hall, compliance with notification
requirements, dedicated land for park requirements and if variance would be needed for access
management.
Stoddard again noted this is for a recommendation to Council for preliminary plat.
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Stoddard entertained a motion. Budge moved to recommend approval of preliminary plat as presented.
Jackson seconded.
With all commission members understanding the motion they voted.
Roll Call Vote:
Jackson — Yes; Holm — yes; Budge — yes; Stoddard — yes; Berls — yes. Motion carried.
Stoddard entertained a motion to adjourn; Budge made the motion. Berls seconded. All voted to
adjourn at 8:41pm.
& S=2_
Dan Stoddard, Vice -Chairman
1 ,
Kami Morrison, Office Administrator
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